HomeMy WebLinkAboutLocally Funded Agreement between the CMB and State of Florida Department of Transportation2o26-3yi3i
LOCALLY FUNDED AGREEMENT
BETWEEN
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
AND THE
CITY OF MIAMI BEACH
This Locally Funded Agreement ("Agreement") is made and entered into this _ day of
20_, between the State of Florida Department of Transportation, a component agency of
the State of Florida, hereinafter referred to as the "Department", and the City of Miami Beach, a municipal
corporation of the State of Florida, existing under the Laws of the State of Florida, hereinafter referred to
as the "Participant".
RECITALS
WHEREAS, the Department has jurisdiction over and maintains SR 9071ALTON ROAD FROM
MICHIGAN AVENUE TO SOUTH OF ED SULLIVAN DRIVFJ43RD STREET; and
WHEREAS, the Department Is undertaking a roadway milling, resurfacing, overbuilding, and
widening Project FROM 429193-1 on SR 9071Alton Road from Michigan Avenue to 43rd Street, hereinafter
referred to as the "Project"; and
WHEREAS, the Department has agreed to incorporate Participant requested improvements into
the abovementioned Project; and
WHEREAS, the Participant has applied for and been awarded state funding under the
Department's County Incentive Grant Program ("CIGP"), which will be used to fund fdry percent (50%) of
the total Project cost outlined in this Agreement, with the remaining fifty percent (50%) to be provided by
the Participant; and
WHEREAS, the Participant shall fund the increased costs, under financial project number 429193-
152-04, associated with the installation of Participant requested improvements within the Project, the
individual elements of which are outlined in the attached Exhibit "A", "Scope of Services , which is herein
incorporated by reference, and
WHEREAS, at the Participant's request, the Department will utilize the funding provided by the
Participant to administer the construction of the Project on behalf of the Participant and the construction
inspection, and maintenance during construction (collectively the "Construction") in accordance with the
terms of this Agreement;
WHEREAS the parties hereto mutually recognize the need for entering into an Agreement
designating and setting forth the responsibilities of each party; and
WHEREAS the parties are authorized to enter "do this Agreement pursuant to Section 334.044(7)
and 339.12, Florida Statutes (FS.).
NOW, THEREFORE, in consideration of the premises, the mutual covenants and other valuable
considerations contained herein, the receipt and sufficiency of which are hereby acknowledged, the parties
agree as follows:
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1. INCORPORATION OF RECITALS
The foregoing recitals are true and correct an are incorporated into the body of this Agreement,
as if fully set forth herein.
2. GENERAL REQUIREMENTS
a. A true and correct copy of the Resolution of the Participant's Commission approving this
Agreement is attached hereto as Exhiba'C,""Participant's Resolution", and is incorporated
herein by reference.
b. The Department will administer Construction of the Project in accordance with the attached
Exhibit 'A", 'Scope of Services".
c. Participant agrees to maintain any portion of the Project not located on the State Highway
System constructed under this Agreement for its useful life.
d. The Participant shall transfer to the Department funs in the amount set forth in paragraph
3.a. of this Agreement, subject further to the provisions in Section 3 of this Agreement and
as outlined in Exhibit "B," "Financial Summary," which is herein incorporated by reference.
e. The Department will complete the Project utilizing the funds provided by the Participant.
I. The Department will not be obligated to commence Construction or any other work on the
Project until Participant's funding for the Project is on deposit with the Department.
3. FINANCIAL PROVISIONS
a. Of the total estimated Project cost of Two Million Eight Hundred Thousand Dollars
($2,800,000), hereinafter referred to as the "Total Estimated Project Cost", the Participant
shall, on or before March 2, 2025, provide the Department with fifty percent (50%) of the
Total Estimated Project Cost, which is One Million Four Hundred Thousand Dollars
($1,400,000), through direct local funds. The remaining fifty percent (50%) shall be funded
using CIGP funds, which may not exceed fifty percent (50%) of the total Project cost. In
the event that the final total Project cost exceeds Total Estimated Project Cost, the
Participant acknowledges that CIGP funs will remain capped at fifty percent (50%) of the
total Project cost, and the Participant will be solely responsible for any additional required
funding.
b. If the accepted bid amount plus allowances is in excess of the Total Estimated Project
Cost, the Participant will provide an additional deposit within fourteen (14) calendar days
of notification from the Department or prior to posting of the accepted bid, whichever is
earlier, so that the total deposit is equal to the bid amount plus allowances. The Department
will ratify the Participant as soon as it becomes apparent the accepted bid amount, plus
allowances, exceeds Me Total Estimated Project Cost. However, failure of the Department
to notify the Participant shall not relieve the Participant from its obligation to pay for its full
Participation on final accounting as provided herein. If the Participant cannot provide the
additional deposit within fourteen (14) days, a letter must be submitted to and approved by
the Department's Project Manager indicating when the deposit will be made. The
Participant understands the request and approval of the additional time could delay the
Project, and additional costs may be incurred due to a delay of the Project.
c. If the accepted bid amount plus allowances is less than the Total Estimated Project Cost,
the Department will refund the amount that the Total Estimated Project Cost exceed, the
bid amount plus allowances within sixty (60) calendar days from the date the bid amount
Plus allowances is accepted 0 such refund is requested by the Participant in writing.
d. Should Project modifications or changes to bid items occur that increase the Participant's
total Project Costs, Me Participant will be notified by Me Department accordingly. The
Participant agrees to provide, without delay, in advance of the additional work being
performed adequate funs a ensure Mat cash on deposit with the Department is sufficient
to fully fund the Project. The Department shall nofify the Participant as soon as it becomes
apparent the actual Costs will overrun the award amount. However, failure of the
Department to ratty the Participant shall not relieve the Participant from its obligation to
pay for its full participation during the Project an on Mal accounting as provided herein.
Funds due from the Participant during the Project not paid within ninety (90) calendar days
from the date of the Invoice are subject o an interest Charge at a rate established pursuant
to Section 55.03, Florida Statutes (F.S.).
0. The Department intends to have its final and complete accounting of all costs muffed in
connection with the work performed hereunder within three hundred and sixty days (360)
of final Payment to the contragor(s). The Department considers the Project complete when
the final payment has been made to the contractors), not when the Construction work is
complete. All Project cost records and accounts shall be subject to audit by a
representative of the Participant for a period of three (3) years after final close out of the
Project. The Participant will be notified of the final cost. Both parties agree that in the event
the final arrnnnting of total PrnjeM rusts pursuant to the farms of this Agreement is less
than the total deposits to data, a refund of the excess will be erode by the Department to
the Participant within sixty (SO) calendar days from the date that the final and complete
accounting Is completed. If the final accounting is not performed within three hundred and
sixty (360) days, the Department is not relieved from its obligation to pay.
f. In the event the final accounting of total Project costs is greater than the total deposits to
date, the Participant will pay the additional amount within ninety (90) calendar days from
the date of the invoice from the Department. The Participant agrees to pay interest at a
rate as established pursuant to Section $5.03, F. S., on any invoice not paid within ninety
(90) calendar days until the invoice is paid.
g. The payment of funds under this Agreement will be made directly to the Department for
deposit and as provided in the attached Three -Party Escrow Agreement between the
Participant, the Department, and the State of Florida, Department of Financial Services,
Division of Treasury, attached hereto as Exhibit "D,° and is incorporated herein by
reference.
It. Contact Persons:
PARTICIPANT: City of Miami Beach
Address: 1700 Convention Center Drive, Miami Beach, FL, 33139
Contact Person: Jose R. Gonzalez, P.E.
Telephone #: 305-673-7000 Ext. 676a
Federal Employer ID # (FEIN) 596000372011
DEPARTMENT: Florida Department of Transportation
District Contact: Kevin Lopez
Telephone #. 305.6604130
A. EFFECTIVE DATE OF THIS AGREEMENT
This Agreement shall become effective upon execution by the Participant and the Department and
as of the date set forth on page one (1) hereof.
S. PROVISIONS SEPARABLE
The provisions of this Agreement are independent of and separable from each mbar, and no
provision shall be affected or rendered invalid or unenforceable by virtue of the fact that for any
reason any other or others of them may be invalid or unenforceable m whole or in part.
6. AMENDMENT OF AGREEMENT
This Agreement may only be amended by mutual agreement of the Department and the Participant,
expressed in writing, and executed and delivered by each.
7. NOTICES
Unless otherwise provided herein, all notices, requests, demands and other communications
required or permitted under this Agreement shall be in writing and shall be deemed to have been
duly given, made and received when delivered (personally, by courier service such as Federal
Express, or oy other messenger) against receipt or upon actual receipt of registered or certaied
mall postage prepaid, return recelpt requested, addressed as set forth below'.
a. if to the Participant:
City of Haim Beach
1700 Convention Center Drive
Miami Beach, FL. 33139
Attention: Jose R. Gonzalez, P.E., Director
ti. If to the Department:
Florida Department of Transportation
1000NW 111 Avenue
Miami. Florida 33172
Attention: Kevin Lopez. P.E., Project Manager
Any party may alter the add rem to which communications or copies are to be sent by giving notice
of such change of address in conformity with the provisions of this paragraph for the gNing of notice.
8. ENTIRE AGREEMENT
This Agreement, including Its attached Exhibits, contain the sole and entire Agreement between
the parties with respect to such subject matter and supersede any and all other prior written or oral
agreements between them with respect to Such subject matter.
9. BINDING EFFECT
This Agreement shall he binding upon the parties and their respective representatives, successors,
and assigns.
10. WAIVER
Waiver by either panty of any breach of any Provision of this Agreement shall not be considered as
or constitute a continuing waiver or a waiver Of any other breach of the same or any other provision
of this Agreement.
11. CAPTIONS
The captions contained in this Agreement are Inserted only as a matter of convenience or reference
and in no way define, limit, extend or describe the scope Of this Agreement or the intent of any Of
IN provisions,
12. ABSENCE OF THIRD -PARTY BENEFICIARIES
Nothing in this Agreement, express or implied, is intended to (a) confer upon any entity or person
other than the parties and their permitted successors and assigns any rights or remedies under or
by reason of this Agreement as a third -party beneficiary or otherwise except as specifically provided
In this Agreement or (b) authorize anyone not a party to this Agreement to maintain an action
pursuant to or based upon this Agreement.
13. OTHER DOCUMENTS
The parties shall take all such actions and execute all such documents Which may be reasonably
necessary to carry out the purposes of this Agreement, whether or not specifically provided for in
this Agreement In the event that any election, referendum, approval, ratification, notice. or other
proceeding or authorization is required to carry out the Project the Participant agrees to
expeditiously initiate and consummate, as provided by law, all actions necessary with respect to
any such matters with time being of the essence.
14. GOVERNING LAW
This Agreement and the interpretation of its terms shall be governed by the laws of the State of
Florida, without application of conflicts of law principles- Venue for any judicial, administrative, or
other action to enforce or construe any term of this Agreement or arising from or relating to this
Agreement shall lie exclusively in Leon County, Florida.
[signatures on following page(
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a
IN WITNESS WHEREOF, the parties hereto have executed this Agreement, on the day and year
above written.
CRY OF MIAMI BEACH:
APR 1 7 2026
ATTEST:
STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION:
BY:
ATTEST:
Rafael E. Oranado, City Clark
{, e,�11 e
�IM(gAP OlA1E1F
LEOAL REVIEW
PARTICIPANTS ATTORNEY
APPROVED AS TO
FORM & LANCUAG E
FOR EXECUTION
,jIICI AI'vney. Otte6
DISTRICT SECRETARY
EXECUTIVE SECRETARY
DISTRICT CHIEF COUNSEL
EXHIBIT "A"
SCOPE OF SERVICES
Project Description: SR 907/Alton Road Reconstruction
Project Limits: From Michigan Avenue to South of Ed Sullivan Or/43 Street
FDOT Financial Project Number: 429193-1-52-04
County: Miami -Dade
FDOT Project Manager: Kevin Lopez, P.E., Project Manager
Participants Project Manager: Jose R. Gonzalez, P.E., Director of Transportation and Mobility
The Project consists of constructing a bicycle and pedestrian facility (a separated pi -directional bicycle path
with an adjacent sidewalk or an urban side path) along the east side of Alton Road from Michigan Avenue
to Chase Avenue and all associated elements. This shall include new pavement construction for the bicycle
path and urban side path, sod and inigabon system for sod separation between the travel lanes and bicycle
path, sidewalk, signage, striping, landecape, harmonization onto the City of Miami Beach Golf Course, and
modifications to the City of Miami Beach Golf Course Parking lot (including, but not limited to, new
pavement, gravity wall. pedestrian railing, curb and gutter, striping, signage, and drainage). In addition to
the bicycle and pedestrian facility and all associated elements, the Project also consists of placement of St.
Augustine sod and as respective irrigation system along the median from Michigan Avenue to Chase
Avenue.
EXHIBIT "B"
FINANCIAL SUMMARY
The Department's Work Program allocates the folloring funding, programmed under Financial Project
Number 429193-1-52-04, for Project completion:
Fiscal Year: Amount: Fund Type:
429193-1-52-04 $2.800.000.00 Local Funds(LF)
FY 2025
EXHIBIT "C"
PARTICIPANT'S RESOLUTION
To be herein incorporated once approved by the Padicipant's Commission.
RESOLUTION NO. 202634075
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY
MANAGERAND CITY CLERK TO EXECUTE THE FOLLOWING AGREEMENTS
AS PART OF THE FDOT'S STATE ROAD 907/ALTON ROAD
RECONSTRUCTION PROJECT (FPID 429193.1.52-01), FROM MICHIGAN
AVENUE TO 43RD STREET (ED SULLIVAN DRIVE): (1) A LOCALLY FUNDED
AGREEMENT ("LFA") FOR THE CONSTRUCTION OF A PEDESTRIAN AND
BICYCLE SHARED -USE PATH ALONG THE EAST SIDE OF ALTON ROAD,
FROM MICHIGAN AVENUE TO CHASE AVENUE, ABUTTING THE MIAMI
BEACH GOLF COURSE, INCLUDING MODIFICATIONS TO THE GOLF
COURSE IRRIGATION SYSTEM AND ADJACENT PARKING LOT
CONFIGURATION, FOR A TOTAL ESTIMATED CONSTRUCTION COST OF
$1,400.000.00; AND (2) A UTILITY WORK BY HIGHWAY CONTRACTOR
AGREEMENT ("UWHCA") FOR THE REPLACEMENT AND UPGRADES OF
THE CITY -OWNED WATER AND SEWER SYSTEMS ALONG ALTON ROAD,
FROM MICHIGAN AVENUE TO CHASE AVENUE, WITH AN INITIAL
ESTIMATED CONSTRUCTION COST OF $19,817,695.00; AND FURTHER,
AUTHORIZING THE CITY TO DEPOSIT THE TOTAL AMOUNT DUE UNDER
SAID AGREEMENTS ($21,217,695.00), ON OR BEFORE MARCH 2, 2026, IN
ACCORDANCE WITH THE PREVIOUSLY APPROVED THREE PARTY
ESCROW AGREEMENT.
WHEREAS, on October 26, 2022, the Mayor and City Commission (City Commission)
adopted Resolution No. 2022-32358, approving, in substantial form, a Memorandum of
Agreement (MOA) between the City and the Florida Department of Transportation (FDOT),
memorializing the parties' commitment related to FDOTs undertaking to design and construct
certain City -owned utility and transportation facilities along FDOT's State Road 907/Alton Road,
from Michigan Avenue to 43rd Street (FPID# 429193-1), as part of the reconstruction of the FOOT
Alton Road Project; and further authorized the City Manager and City Clerk to execute the MOA,
and
WHEREAS, the Michigan Avenue to 43rd Street Project (the "Afton Road Project 1"), as
originally proposed, encompassed roadway improvements and maintenance, included
recoenhnstruction,
entscoon, o the drainage system, installation of new pump stations, pavement and sidewalk
reconstruction, upgraded signalization, landscaping, and new pavement markings, and
WHEREAS, to capitalize on the scope Of
the City requested additional enhancements, such as the inn corporatie of pedestrian fact roposed project,
implementation of two-way bicycle lanes, deployment of an Intelligent Transportation System
(ITS), and the design, construction, and installation of City -owned water and sewer infrastmcture:
and
WHEREAS, during the course of the design, the City decided not to proceed with the
installation of the ITS component; and
WHEREAS, FOOT typically does not include roadway improvements or enhancements
that do not comply with its standards in roadway reconstruction projects, unless specifically
requested by the municipality and in this case, the Florida Department of Transportation (FDOT)
agreed to these requests, contingent upon the City funding the enhancements; and
WHEREAS, several of the improvements requested by the City will extend into City -owned
property or City -owned rights -of -way; however, FDOT has agreed to incorporate these
improvements into its project scope, requiring the municipality to assume full responsibility for the
construction costs associated with the proposed enhancements along State Road 907 (Alton
Road), from Michigan Avenue to 43rd Street; and
WHEREAS, to proceed with the amended scope, the City would need to sign and execute
a Locally Funded Agreement (LFA) and a Utility Work by Highway Contractor Agreement
(UWHCA); and
WHEREAS, on October 18, 2023, the City Commission adopted Resolution No. 2023-
32813, approving, in substantial form, a Utility Work by Highway ContraclorAgreemem (UWHCA),
with an initial estimated construction cost of $9,267,312.70; a Locally Funded Agreement (LFA),
with an estimated construction cost of $2,115,808.64; an Off -System Construction and
Maintenance Agreement; and a Three Party Escrow Agreement, as part of the FDOT Alton Road
Project 1; and
WHEREAS, in late 2025, FOOT noted the City of substantial revisions to the previously
approved UWHCA and LFAagreements and pricing, requiring that these items be resubmitted to
the City Commission for approval, and
WHEREAS, the scope of the new LFA is the same as the one approved by the City
Commission on October 18, 2023 and includes:
• Construction of a pedestrian and bicycle shared -use path along the east side of Alton
Road, from Michigan Avenue to Chase Avenue, adjacent to the Miami Beach Golf Course;
and
• Modifications to the golf course irrigation system and adjacent parking tit configuration,
as well as installation of Saint Augustine sod and its respective irrigation system along the
median; and
WHEREAS, the City and FOOT have finalized the new LFA agreement, a copy of which
is attached to the City Commission Memorandum accompanying this Resolution as Attachment
"A", with the following revisions:
• An increase in the total estimated project cost from $2,115,808.64 to $2,800,000.00, re-
flecting the updated Engineer's Opinion of Probable Cost (EOPC), driven by rising con-
struction expenses between 2023 and 2026;
• Additional funding through FOOT, via the County Incentive Grant Program (CIGP), cover-
ing 50% of the total project cost ($1,400,000.00), and
• Payment by the City of the remaining 50% ($1,400,000) to FDOT in a single deposit on or
before the FOOT production dale of March 2, 2026; and
WHEREAS, the City and FOOT have similarly finalized the new UWHCA, attached to the
City Commission Memorandum as Attachment "B", with the following revisions:
• A revised project cost to incorporate recent FDOT historical bid pricing, contamination as-
sessment and remedialion due to the site's proximity to the golf course, and geotechnical
recommendations for trench restoration;
• Modification of the FOOT project letting date to August 26, 2026,
• A total estimated EOPC cost of $19.817,695.00: and
• Payment by the City to FDOT in the total amount of $19,817,695.00 in a single depositon
or before the FDOT production date of March 2, 2026, and
WHEREAS, the UWHCA agreement formalizes the City obligation to cover construction
costs associated with replacing existing City -Owned water and sewer infrastructure, including
installation of a new sanitary sewer pump station (future City Pump Station 25), as part of the Alton
Road Project 1, and
WHEREAS, if, based upon FDOT's final estimate, additional funds are required for the
City's proposed improvements, FDOT will require that the City deposit the additional funds in
accordance with the Three Party Escrow Agreement previously approved pursuant to Resolution
No. 2023-32813, in order for FDOT to proceed with construction; and
WHEREAS, in the even that additional funds are required to complete the City s work, the
City Administration will secure the prior written approval of the City Commission, and
WHEREAS, City staff has thoroughly reviewed the proposed revisions
and determined that they are fair, reasonable. and in the best interest of the City: as such, the
City Manager recommends approving for signature the proposed new forms of the LFA and
UWHCA.
NOW, THEREFORE BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission
hereby, approve and authorize the City Manager and City Clerk to execute the following
agreements as part of the FDOT's State Road 907/Alton Road Rewushuution Project (FPID
#429193-1-52 01), from Michigan Avenue to 43rd Street (Ed Sullivan Drive): (1) a Locally Funded
Agreement ("LFA") for the construction of a pedestrian and bicycle shared -use path along the east
side of Alton Road, from Michigan Avenue to Chase Avenue, abutting the Miami Beach Gaff
Course, including modifications to the Golf course irrigation system and adjacent parking lot
configuration, for a total estimated construction cost of $1,400,000 W; and (2) a Utility Work by
Highway Contractor Agreement ('UWHCA") for the replacement and 0, and (2 of the City -owned
by
water and sewer systems along Alton Road, from Michigan Avenue upgradesto Chase Avenue, with
initial estimated construction cost of $19,817,895.00; and further, authorize the City to deposit the
an
total amount due under said agreements ($21,217.695.00), on or before March 2, 2026, in
accordance with the previously approved Three Party Escrow Agreement
PASSED and ADOPTED this _ f day of jl�ejk rW% 2026.
J.
ATTEST. FER 119 2026
i
Steven Meiner. Mayor
Rafeel E. Granado, City Clark
�f.g.
ep� �Oi„1
I
" we aeairu APPROVED AS TO
s �t FORM & LANGUAGE
&_ FOR EXECUTION
1 )z7) 202(,
1y Aft.., T- "Dare
m MIAMI BEACH
City at Miami Beach, 1700 Convention Center Drive, Miami Beath, Florida 33139, vmw.miamibeachfl.gov
PUBLIC WORKS DEPARTMENT
Tei:305-673-7080, Fax: 305-673-7028
ROUTING COVER LETTER
DATE: 03/19/26
SUBJECT: Request for signature
FROM: John Norrisjy
DEPARTMENT: Public Works
CONTACT: Fiorella
Ext: 6007
Routing:
David Martinez, Assistant City Manager
Eric T. Carpenter, City Manager
&IFfi &lain. IO
Description:
On February 5, 2026, the City Commission approved a Resolution, approving and authorizing
the City Manager and City Clerk to execute the following agreements:
• Locally funded agreement
• Utility Work by Highway Contractor and
• Maintenance Memorandum Agreement
ACTION: Resolution 2026-34075 was adopted. John Norris to handle. Memo attached.
Eyngi l cr++-1ched W I FDOT re5FOtist
We are committed to providing excellent public service and safety to aN who live, work, and play in our viMant tropical.
historic community.
Resolutions -C7 D
MIAMI BEACH
COMMISSION MEMORANDUM
TO Honorable Mayor and Members of the City Commission
FROM. Eric Carpenter, City Manager
DATE. February 5, 2026
TITLE. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH. FLORIDA. APPROVING AND AUTHORIZING THE CITY
MANAGER AND CITY CLERK TO EXECUTE THE FOLLOWING AGREEMENTS
AS PART OF THE FOOTS STATE ROAD 9071ALTON ROAD RECONSTRUCTION
PROJECT (FPID 429193-1-52-01). FROM MICHIGAN AVENUE TO 43RD STREET
(ED SULLIVAN DRIVE)- (1) A LOCALLY FUNDED AGREEMENT ("LFA") FOR THE
CONSTRUCTION OF A PEDESTRIAN AND BICYCLE SHARED -USE PATH
ALONG THE EAST SIDE OF ALTON ROAD, FROM MICHIGAN AVENUE TO
CHASE AVENUE, ABUTTING THE MIAMI BEACH GOLF COURSE, INCLUDING
MODIFICATIONS TO THE GOLF COURSE IRRIGATION SYSTEM AND
ADJACENT PARKING LOT CONFIGURATION. FOR A TOTAL ESTIMATED
CONSTRUCTION COST OF $1,400,000.00: AND (2) A UTILITY WORK BY
HIGHWAY CONTRACTOR AGREEMENT ("UWHCA"1 FOR THE REPLACEMENT
AND UPGRADES OF THE CITY -OWNED WATER AND SEWER SYSTEMS ALONG
ALTON ROAD, FROM MICHIGAN AVENUE TO CHASE AVENUE. WITH AN
INITIAL ESTIMATED CONSTRUCTION COST OF $19,817,69500 AND
FURTHER, AUTHORIZING THE CITY TO DEPOSIT THE TOTAL AMOUNT DUE
UNDER SAID AGREEMENTS (S21,217,695.00), ON OR BEFORE MARCH 2, 2026,
IN ACCORDANCE WITH THE PREVIOUSLY APPROVED THREE PARTY
ESCROW AGREEMENT
The Administration recommends approving the Resolution.
BACKGROUNDIHISTORY
On October 26, 2022. the Mayor and City Commission (City Commission) approved, in substantial
form. a Memorandum of Agreement (MOA) between the City and the Florida Department of
Transportation (FOOT), memonanzing Me parties commitment related to FOOT s undertaking to
design and construct certain City -owned utility and transportation facilities along FDOT's State
Road 907/Alton Road from Michgan Avenue to 43M Street (FPID# 429193-1). as part of the
reconstruction of the FDOT Alton Road Project. and funher authorized the City Manager and City
Clerk to eXeGU(e the agreement via Resolution No 2022-32358
The Michigan Avenue to 43rd Street Project (the "Allen Road Project 1"). as originally proposed
encompassed roadway improvements and maintenance, included enhancements to the drainage
system, installation of new pump stations, pavement and sidewalk reconstruction, upgradeo
signalization, landscapingand new pavement markings
To capitalize on the scope of the proposed project. the City requested additionai enhancements
such as the incorporation of pedestrian families, implementation of two-way bicycle lanes
590 of 2180
deployment of an Intelligent Transpofation System (ITSt and the designconstructionand
installation of City Owned water and sewer infrastructure. The Florida Department of
Transportation (FDOT) agreed to these requests contingent upon Cry funding
On October 18 2023 the City Commission approvedin substantial form. a Utility Work by
Highway Contractor Agreement UUWHCA, a Locally Funded Agreement ILFA]. an 00 System
Construction and Maintenance Agreement. and a Three -Parry Escrow Agreement, as pan of the
FDOT Alton Road Project i via Resolution No 2023-32813
In late 2025. FDOT notified the City of substantial revisions to the previously approved UWHCA
and LFA agreementsrequmng that these Items be resubmitted to the City Commission for
approval
ANALYSIS
FOOT typically does not Include roadway Improvements or enhancements that do not comply :ath
its standards on roadway reconstruction projects, unless specifically requested by the mumdpaldy
Several of the Improvements requested by the City will extend Into City -owned property or City
owned rights of -way FOOT has agreed to incorporate these Improvements into its project scope
requiring the municipality to assume full responsibility for the construction costs associated with
the proposed enhancements along State Road 907 (Alton Road). from Michigan Avenue to 43rd
Street To proceed with the amended scope. the City must sign and execute the following two 21
agreements
(1) Locally Funded Agreement (LFA):
This agreement was approved by the City Commission on October 18, 2023, for a rota
construction amount of $2. 115 808 64, via Resolution No 2023-32813 The scope of this LFA
remains unchanged and includes.
• Construction of a pedestrian and bicycle shared -use path along the east side of Alton
Road from Michigan Avenue to Chase Avenue. adjacent to the Miami Beach Gcif Ccurie
• Modifications to the golf course irrigation system and aclaoent parking lot configuration.
as well as installation of Sant Augustine sud and its respective Irrigation system along the
median
The City and FOOT have enal2ed the LFA agreement (Attachment AI with the following revisions
An increase in the total estimated project cost from $2, 115.$08 64 to $2 8W 000 00.
rellectmg the updated Engineers Opinion of Probable Cost (EOPCi, driven by rising
construction expenses between 2023 and 2026.
Additional funding through FOOT, wa the County Incentive Grant Program (CIGP),
covering 50% of the total projec' cost ($1 400.000)
Payment by the City of the remaining 50% f$1.400,0001 to FDOT in a single deposit on or
before the FDOT production date of March 2. 2026
591 of 2180
(2) Utility Work by Highway Contractor Agreement (UWHCA)
This agreement was approved by the City Commission on October 18 2023 for an estimated
ronstroctan amount of $9 267 312 70 based on the EOPC at the time via Resolution No 2023-
32813 The City and FDOT have finalized the UWHCA(AMchment B i with the following revisions
• A revised project cost to mcerporate recent FOOT historical bid prang contamination
assessment and remediahon due to the site s proximity to the golf course and
geotecnnical recommendations for trench restoration
Moo; ication of the FDOT project jetting date to August 26 2026
• A total estimated EOPC cost of $ t9.817 695 W
• Payment by the City to FDOT in the total amount of $19 817 695 00 in a single deposit on
or before the FOOT production date of March 2. 2026
The UWHCA agreement formalizes the City 5 obligation to cover construction costs associated
Nth replacing existing City -owned water and sewer infrastructure including installation of a new
sanitary sewer pump station (future City Pump Station 25 f as part of the Alton Road Protect 1
In the event additional funds are required for the City a proposed improvements. FDOT mandates
that the City provide an additional deposit subject to City Commission approval in the amount
stipulated for FOOT to proceed with construction
City staff has thoroughly reviewed the proposed revisions and determined that they are fair
reasonable and !n the best interest of the City
FISCAL IMPACT STATEMENT
Total Project Cost $21.217 695 00 ($1 400 000.OD • $19 817 695.00,
Utilities f$19.817.695.00)
303-0815-069357-29-410-561-00-00-00-50726(Grant, $900 000 00
419 0815-069357-29-418-000 00-00-00-20527 $3. 71772064
41B-0815-06935729418-522-0000-00-20527 $5.481,28461
424-0815-069357-29-418-000-00-00-00-20527 $21.609 87
423 0815-069357-29.418-000-00-00-00-20527 $5.226 85
422-0815-069357-00-418-522.00-00-00-20527 S456,462.11
420-0815-069357-29-418-522-00-00-00-20527 $104045
417-0815-069357-29-418-000 00-00-00-20527 $7.915.593 38
Subject to approval of capital budget amendment $i, 318.756 62
Shared use Path ($310 000.001
302 0815 069357-29410-52200-00-0020527 $293242.00
376-0815 069357-29-410-522-00-00 00-20521 S464 83
384-0815-069357-29-410-522 00-00-00-20527 $ I6 885 17
Transportation ($1 400 000 00)
106-9615-069357 30-410530-OG 00 00-21014 51 089 408 00
192 ai 'Mil
Does this Ordinance reguire a Business Impact Esbmate4
iFnR ORDINANCES ONL',I
If applicable. the Business Impact Estimate (BIE) was published oil
See BIE at hops .r,, f,14 ,P v _ _ .. -
CONCLUSION
The Adrnm¢tranon recommends aomo,,ng the Reso-nL. a•
Applicable Area
M,ddle Beach
Is this a 'Residents Riaht to Know" item. Is this item related to a G.O. Bond
p rs ant to City Code Section 2-17? Pro' Oct?
es
No
Was this Mande Item huiallil requested by a lobbyist which as defined in Code Sec. 2481,
includes a princtp I engaged in lobbying? No
If so. specify the name oflobbystfsr and pnnnpalls,
Department
Puri¢ NAorks
Sponsor(sl
Co-sponsorfe)
Condensed Title
E,err.te Agmlc FnnT s SR 907 Allon Ro Recocuit uchco Project from Michigan Ave to 43 St
PW
Previous Acton (For City Clerk Use Only)
,93 f IIao