2002-25036 Reso
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RESOLUTION NO. 2002-25036
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE AMENDMENT ONE TO A JOINT PARTICIPATION
AND REIMBURSEMENT AGREEMENT (JPA) WITH THE FLORIDA
DEPARTMENT OF TRANSPORTATION (FDOT), FOR A MILLING AND
RESURFACING PROJECT ON COLLINS AVENUE, FROM 5TH TO 15TH
STREETS; SAID AMENDMENT ADDING $153,019.83 IN STATE FUNDS TO THE
ORIGINAL JPA, IN THE AMOUNT OF $2,055,610.61, PREVIOUSLY
APPROPRIATED BY RESOLUTION NO. 2000-23944, DATED MAY 24, 2000;
HEREBY APPROPRIATING THE $153,019.83 SUPPLEMENTAL AMOUNT FOR
SUCH PURPOSES; AND FURTHER AUTHORIZING THE ADMINISTRATION TO
ADVANCE FUNDS FROM THE GENERAL FUND UNDESIGNATED FUND
BALANCE FOR THE PROJECT, IN THE RESPECTIVE FISCAL YEAR(S) THE
FUNDS WILL BE NEEDED, FOR SUBSEQUENT REIMBURSEMENT BY FDOT,
IN ACCORDANCE WITH SECTION 2.A. OF THE ORIGINAL JPA; THE TOTAL
ESTIMATED STATE (JPA) CONTRIBUTION NOW BEING $2,208,630.44.
WHEREAS, Resolution No. 2000-23944, dated May 24, 2000, authorized the execution
of a Joint Participation and Reimbursement Agreement (JPA) with the Florida Department
of Transportation (FDOT), and appropriated $2,055,610.61 in State funds for a milling and
resurfacing project on Collins Avenue, from 5th to 15th Street, to be designed and
implemented by the City (the Project); and
WHEREAS, two years later, FDOT has determined it necessary, within the general
description of the JPA, as originally agreed upon, to amend the estimated cost of the
Project, as indicated in Paragraph 2.A. of the Original JPA; and
WHEREAS, FDOT has identified an additional $153,019.83 in State funds to cover the
estimated difference, and produced an Amendment Number One to the Original JPA; and
WHEREAS, with the above-mentioned addition, the total Amended JPA funds toward
the Project increased to $2,208,630.44; and
WHEREAS, the Project will also utilize federal funds, in the amount of $513,065, which
related Local Agency Program Agreement (LPA) will be executed by the City and FDOT,
after the Project's final design phase is completed by the City, under the above-mentioned
JPA; and
WHEREAS, the Amended JPA needs to be approved and executed by both parties,
and the additional $153,019.83 appropriated by the City for the Project.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby
authorize the Mayor and City Clerk to execute an Amendment One to a Joint Participation
and Reimbursement Agreement (JPA) with the Florida Department of Transportation
(FOOT), for a Milling and Resurfancing Project on Collins Avenue, from 5th to 15t1i Streets;
said Amendment adding $153,019.83 in State funds to the Original JPA, in the amount of
$2,055,610.61, which was previously appropriated by Resolution No. 2000-23944, dated
May 24,2000; and hereby appropriate the $153,019.83 supplemental amount for such
purposes; and further authorizing the Administration to advance funds from the General
Fund Undesignated Fund Balance for the Project, in the respective fiscal year(s) the funds
will be needed, for subsequent reimbursement by FOOT, in accordance with Section 2.A.
of the Original JPA; the total estimated State (JPA) contribution now being $2,208,630.44.
PASSED AND APPROVED this the 23rd day of
October
,2002.
ATTEST:
~rpcu~
CITY CLERK
MF ROJEDNJ1O
FORM&LANGUAGII
a FOREXECU11ON
F:\WORK\$TRAIAMELlAIFDOTlAmd.JPA.Collins5-15.memo.doc
CITY OF MIAMI BEACH
COMMISSION ITEM SUMMARY
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Condensed Title:
A Resolution authorizing the execution of Amendment One to an existing Joint Participation Agreement
(JPA) with FDOT, for a milling and resurfacing project on Collins Avenue, from 5th to 15th Streets; the
Amendment adding $153,019.83 to the Original JPA, thereby raising the JPA-funded portion of the project
to $2,208,630.44.
Issue:
Shall the City execute an Amendment One to the Original JPA, as proposed by FDOT?
Item Summary/Recommendation:
Pursuant to Resolution No. 2000-23944, dated May 24, 2000, the City executed a JPA with FDOT, in the
amount of $2,055,610.61, and assumed the lead role over the Collins Avenue Project, from 5th to 15th
Streets, in order to transform an FDOT-planned roadway reconstruction proiect into a
drainage/milling/resurfacing/liahting proiect, which is less intrusive/disruptive to the Art Deco Historic
District and its stakeholders. Two years later, FDOT has determined it necessary to update the Project's
estimated cost, and amend the original JPA by adding $153,019.83 in State funds, via this Amended JPA.
This will raise the JPA-funded portion to $2,208,630.44. In addition, the Project will receive $513,065 in
federal funds for street lighting, via a Local Agency Program Agreement (LPA) which will be executed as
soon as the final design plans are completed by the City, utilizing JPA funds. The total Project cost (JPA
and LPA fundS) is now $2,721 ,296.44. ~ of these funds have been encumbered and/or expended by
the City to date. The Administration recommends approval of the Resolution, so that the Project's final
design can begin.
Advisory Board Recommendation:
I This City Project has been endorsed by the Transportation & Parking Committee and area stakeholders.
Financial Information:
Finance Dept.
$2,208,630.44 in
FOOT JPA funds
$513,065 in federal
LPA funds (via
FOOT)
To be established as soon as the
Amended JPA is executed.
To be established after final design
is completed and LPA is executed.
Source of
Funds:
City Clerk's Office Legislative Tracking:
I
AGENDA ITEM
C7C1
/o-;3-();L
DATE
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH. FLORIDA 33139
www.ci.miami-beach.fl.us
CITY OF MIAMI BEACH
Mayor David Dermer and Date: October 23, 2002
Members of the City Commission
Jorge M. Gonzalez ~. A ~~
City Manager df/v,O
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AMENDMENT ONE TO A JOINT
PARTICIPATION AND REIMBURSEMENT AGREEMENT (JPA) WITH THE
FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT), FOR A
MILLING AND RESURFACING PROJECT ON COLLINS AVENUE, FROM
5TH TO 15TH STREETS; SAID AMENDMENT ADDING $153,019.83 IN
STATE FUNDS TO THE ORIGINAL JPA, IN THE AMOUNT OF
$2,055,610.61, PREVIOUSLY APPROPRIATED BY RESOLUTION NO.
2000-23944, DATED MAY 24,2000; APPROPRIATING THE $153,019,83
SUPPLEMENTAL AMOUNT FOR SUCH PURPOSES; AND FURTHER
AUTHORIZING THE ADMINISTRATION TO ADVANCE FUNDS FROM THE
GENERAL FUND UNDESIGNATED FUND BALANCE FOR THE
PROJECT, IN THE RESPECTIVE FISCAL YEAR(S) THE FUNDS WILL BE
NEEDED, FOR SUBSEQUENT REIMBURSEMENT BY FDOT, IN
ACCORDANCE WITH SECTION 2.A. OF THE ORIGINAL JPA; THE
TOTAL ESTIMATED STATE (JPA) CONTRIBUTION NOW BEING
$2,208,630.44.
ADMINISTRATION RECOMMENDATION
To:
From:
Subject:
COMMISSION MEMORANDUM
Adopt the Resolution.
ANALYSIS
The Florida Department of Transportation (FOOT) had originally programmed to ~
reconstruct Collins Avenue, from 5th to 15th Streets, in FY 2000-01, which project would
take approximately fourteen (14) months to complete. Out of concerns for the potential
short and long term impacts that a full reconstruction project would have in the area, the
City requested that FOOT consider a less intensive project, instead.
Oue to the facts that, for a period of ten (10) years, the City had failed to reach a decision
regarding the project, and the final design plans for road reconstruction were already at
65% completion, FOOT refused to start anew, and suggested that the City take
responsibility over the project, instead.
October 23, 2002
Commission Memorandum
Amended JPA for Collins Avenue Project, f1h to 1Sh Streets
Page 2
By mutual agreement between the City and FOOT, the City assumed the lead role in
bringing the final design plans back to 30%, producing and implementing a less intensive
proiect, thereby minimizing the impacts to, and better serving the needs of the Art Deco
Historic District and its stakeholders. The City-proposed project will incorporate the
following neighborhood-desired features, which were not included in the FOOT project:
o A much less intensive milling, resurfacing and lighting project
o Inclusion of at least sixteen (16) deep wells at critical intersections
o New traffic signals at the intersections of Collins Ave. with ]lh and 13th Streets
o Special acorn lighting, reflective of the historic district's character
o The one-way scheme developed by the City for 7th and 8th Streets
o Project construction by the City in 2003.
. The original FOOT reconstruction project included a paired one-way scheme for all
streets that cross Collins Avenue, from 5th to 15th Streets. The one-way plan would be
implemented between Washington Avenue and Ocean Drive. The purpose was to
improve traffic flow on Collins Avenue, by providing protected one-way turns at
alternating intersections. This radical proposal met with strong opposition by the
Historic District residents, property owners and businesses.
. The City-proposed one-way pairing of 7th Street and 8th Street derived from the needs
of the 7th Street Garage (Parking Department's operational plan for the garage). By
making 7th Street one-way east, the present conflicting movements are eliminated for
vehicles entering and exiting the structure. Seventh Street and Washington Avenue is
a signalized intersection. Additional traffic signals will be installed at the intersections
of 7th Street and Collins Avenue (as part of this milling/resurfacing project), and at 7th
Street and Ocean Drive (as part of the Phase II, Ocean Drive Traffic Management
Plan).
. Then 8th Street becomes the required one-way west pair, which already features the
two signalized intersections needed (both at Collins and Washington Avenues) for the
pair to become fully functional and effective.
. This limited one-way plan was approved by the affected neighborhoods and the City
Commission on September 23, 1998, as part of the Phase II. Ocean Drive Traffic
Management Plan. Please see the attached Signing & Pavement Markings Plans.
Why an Amended JPA is needed? The Original JPA was executed over two years ago,
and included final design and construction costs that are no longer realistic in 2002-03
dollars. This was clearly proven during negotiations with the successful consulting firm for
the final design process. At the City request, FOOT re-evaluated the final design costs vs.
the funds available in the JPA and agreed to a $153,019.83 increase, which is provided
by JPA Amendment One.
October 23, 2002
Commission Memorandum
Amended JPA for Collins Avenue Project, fih to 1f1" Streets
Page 3
When the final design phase reaches 90% completion, FDOT will give consideration to
adjusting the cost estimates for the construction phase of the project, and a JPA
Amendment Two will be prepared for approval and execution. The Local Agency Program
Agreement (LPA) for the federal funds will also be finalized for execution at this time. The
Collins Avenue 5th to 15th Streets project is and will continue to be fully funded by FDOT,
utilizing both state and federal funds as follows:
1. By the Original JPA ($2,055,610.61) and Amended JPA ($153,019.83) with FDOT, in
a combined amount of $2,208,630.44 in state funds (to date); and
2. Bya LPA with FDOT, in the amount of $513,066 in federal funds for the lighting portion
of the project. Although this amount has also been appropriated by Resolution No.
2000-23944, dated May 24, 2000, the official LPA will not be executed by the involved
parties until after the project's final design phase is completed by the City.
For a total amended project cost (JPA and LPA) of $2.721.696.44 (to date). These JPA
and LPA funds will be expended as follows:
o Revised final design & public involvement, at
$ 193.982.00
o Design & public involvement contingency funds, at
These JPA funds are to be expended QJJ/x with previous consent by FOOT.
$ 56,018.00
o Construction costs to be funded as follows:
JPA: State Funds
Roadway/Movement of Traffic (180 days)
Signing/markings
Signalization
Minimum landscaping (preliminary figure only)
$1,379,027.05
101,530.87
86,044.20
6.120.00
$1,572,722.12
$1,572,722.12
$ 513,065.00
LPA: Federa/ Funds
For the lighting portion of project only. It also includes CEI funds.
o Construction engineering inspection (CEI) & construction contingency: $ 235,908.32
CEI will be performed by outside consultant, overseen by a City CIP Project Manager.
o Public Involvement Program (PIP) during the construction phase, at $ 150.000.00
Total Project Cost (Collins Avenue, from 5th to 15th Streets) ............ $2,721,296.44
Proiect Timeline: Final design will take approximately eleven (11) months to complete, from
November 2002 to September 2003; the construction procurement process will take three
(3) months, from October-December 2003; and the project construction will also take
approximately eleven (11) months to complete, from April 2004 to February 2005.
October 23, 2002
Commission Memorandum
Amended JPA for Collins Avenue Project, fJh to 1fJh streets
Page 4
Maintenance of Traffic. The roadway project will be constructed three blocks at a time,
with total on-street parking elimination within the work area. This will permit the City
contractor to maintain two lanes of bi-directional traffic open throughout construction.
Public Involvement Program (PIP). There will be two different PIP for the Collins Avenue
Project from 5th to 15th Streets at a combined total/not to exceed cost of $189,990, as
follows:
[J The Final Oesign PIP, at $39,990, will be done by a sub-consultant of EAC
Consulting Inc., the firm being proposed to prepare the final design plans. The
$39,990 in JPA funds is included in the EAC contract fee of $193,982. The PIP
consultant will hold three (3) Public Meetings regarding the project. Additional
meetings will be held with City and FOOT Project Managers, as needed; once (1)
with the Project Steering Committee; once (1) with the Collins Avenue Task Force;
twice (2) with the Transportation and Parking Committee, as needed; and once (1)
with the City Commission to present the Project and answer questions.
[J The Milling/Resurfacing Project PIP, at $150,000, will be done by a consultant yet
to be hired via the City Procurement process. This will be done approximately one
year from now, since construction is schedule to begin in April 2004. This PIP will
be handled as the PIP for the reconstruction project on Collins Avenue, from Lincoln
Road to 26th Street, which, construction disruption was much more intensive. As
comparison, the PIP for the latter reconstruction project is estimated to cost
approximately $270,000 when the project completes in October 2002.
Both the JPA and LPA funds are reimbursable funds, via FOOT. Therefore, the
Administration recommends that the City advance funds from the General Fund
Undesignated Fund Balance for the project, in the respective fiscal year(s) the funds will
be needed. The City funds will subsequently be reimbursement by FOOT, in accordance
with Section 2.A. of the Original JPA (for the State funds), and with a section yet to be
determined of the upcoming LPA (for the Federal funds) made available for the project.
FOOT will issue reimbursements to the City, under both the JPA and LPA funds, within 40
to 45 days of receiving a proper invoice from the City. Expedient reimbursements depend
on prompt, accurate, and thorough billing by the City. For a project of this magnitude,
FOOT prefers handling incremental invoices of $100,000-plus in amount. The
Administration recommends approval of the Resolution.
JG/RMN1w/~/AJ
Attachment: Amendment One to JPA (Exhibit "B," Amended Design/Construction Costs)
Original JPA (Exhibit "A")
F:\WORK\$TRA\AMELlA\FDOT\Amd.JPA,Collins5-15.memo.doc
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FINANCIAL PROJECT 10
STATE PROJ. NO. SHUT
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WPI No. 6114413
JOB No. 87060-3581
F.M. No. 250236-1-52-01
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AMENDMENT ONE
TO THE FLORIDA DEPARTMENT OF TRANSPORTATION
JOINT PARTICIPATION and REIMBURSEMENT AGREEMENT
Milling and Resurfacing Agreement for Collins A venue
This AGREEMENT, made and entered into this /4- day of .#~ ~ , 2002, by and between
the STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida,
hereinafter referred to as the "DEPARTMENT" and the CITY OF MIAMI BEACH, a political subdivision of the
State of Florida, hereinafter referred to as the "CITY".
WITNESSETH:
WHEREAS, the DEPARTMENT and the CITY heretofore on June 14. 2000, entered into a Joint
Participation and Reimbursement Agreement, Milling and Resurfacing Agreement for Collins A venue, whereby
the DEPARTMENT and the CITY outline their agreement to have the CITY complete the DEPARTMENT'S
roadway project design, let the consultant and construction contracts as well as administer and supervise the
construction of the project scheduled for Collins A venue between the limits of 5th to 15th Street, as described in
the Project Description and Itemized Cost Estimate included therein, said Agreement being attached hereto as
Exhibit "A".
WHEREAS, the DEPARTMENT has determined it necessary, within the general description of the
Agreement as originally agreed, to amend the estimated cost of the PROJECT, as indicated in numbered
paragraph two of the Agreement.
NOW, THEREFORE, this Agreement witnesseth that for and in consideration of the mutual benefits to
flow each to the other, the parties agree to amend the original Agreement to reflect the estimated PROJECT cost
to be $2,208,630.44, as indicated, in the Design and Construction Cost sheet and the Contract Fee Computation
(Basic Services) sheet attached hereto as Composite Exhibit "B".
Except as hereby modified, amended, or changed, all of the terms and conditions of said Agreement and
any amendments thereto will remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this Agreement by their duly authorized officers on
the day, month and year set forth above.
J: MAYOR
ATTEST:~J' f(U~~
TITLE: CLERK'
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District General Couns s Office
DESIGN AND CONSTRUCTION COST
ACTIVITY DESCRIPTION
STATE FUNDS
SigninglMarking Plans
$1,379,027.05
$101,530.87
RoadwaylMOT (180 days)
Lighting
PAID FOR UNDER LAP AGREEMENT
Signalization
$86,044.20
$6,120.00
Landscaping
SUBTOTAL $1,572,722.12
CEI COST 15% OF CONSTRUCTION COST $235,908.32
Public Involvement Cost $150,000.00
TOTAL COST ~1.958.630.44
TOTAL CONSTRUCTION COST $1.958.630.44
DESIGN COST
Revised Design & Public Involvement
$193,982.00
$56,018.00
Design & Public Involvement Contingency
TOTAL STATE FUNDS (Construction & Design)= $2,208,630.44
GRAND TOTAL
(Construction Cost + Design Cost) =
~2.208.630.44
Lighting (Construction & CEI Under LAP Agreement)= $513.065.00
Composite
Exhibit "B"
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WPINo. 6114413
JOB No. 87060-3581
F.P. No. 250236-1-52-01
FLORIDA DEPARTMENT OF TRANSPORTATION
JOINT PARTICIPATION and REIMBURSElVIENT AGREEMENT
Milling and Resurfacing Agreement for Collins Avenue
This AGREEMENT, made and entered into this /Ll<t,!a day of ~ 2000, by and
between the State of Florida, Department of Transportation, hereinafter referred to as the
DEPARTMENT, and the City of Miami Beach, a political subdivision of the State of
Florida, hereinafter referred to as the CITY.
WITNESSETH
WHEREAS, the DEPARTMENT has a roadway project scheduled for Collins
Avenue between the limits of 5th to 15th Street consisting of: new signing and pavement
markings and improvements to existing drainage system including the installation of deep
wells; milling and resurfacing the pavement; reconstruct the broken sidewalk and curb
and gutter; update all pedestrian ramps to meet ADA standards; coordinate utility
relocation; new landscaping; new signalization and signalization improvements; updating
of street lighting and public involvement, all elements hereinafter referred to as the
"PROJECT", See Exhibit A, Project Description and Itemized Cost Estimate; and
WHEREAS; the PROJECT is within the DEPARTMENT'S right of way and
shall be constructed in accordance with the DEPARTMENT'S standards and
specifications; and
WHEREAS, the CITY has agreed to complete the PROJECT design, let the
consultant and construction contracts, administer and supervise the construction of the
PROJECT, within the rules and guidelines outlined in this Agreement and the governing
laws and ordinances; and
WHEREAS, the DEPARTMENT estimated the PROJECT cost as $2.055.610.61
million dollars, See Exhibit A; and
WHEREAS, the DEPARTMENT has agreed to reimburse the CITY for
PROJECT costs in accordance with procedures outlined in this Agreement and the
documentation submitted by the CITY; and
WHEREAS, the DEPARTMENT and the CITY have determined that it \vould be
to the best interest of the general public and the citizens of Miami Beach to enter into this
Agreement; and
I Exhibit "A" I
,-
. ,
Milling and Resurfacing of Collins Ave.l5'h to 15'h 51.
Page 2 of6
WHEEREAS, the parties are authorized to enter this Agreement pursuant to
Section 339.08 (e), Florida Stahltes (1999).
NOW, THEREFORE, in consideration of the mutual covenants contained herein
and other valuable considerations, the receipt and sufficiency of which is hereby
acknowledged, the parties herein agree:
1.
A. The CITY will complete the design plans (currently at 30% completion) in
accordance with the DEPARTMENT'S standards and specifications.
B. The CITY shall submit the design plans for review by the designated
DEPARTMENT Project Manager, at 60%, 90% and 100% completion to
ensure conformity to the DEPARTMENT'S standards and specitications.
C. The DEPARTMENT will provide the CITY with copies of the following
PROJECT documents: CADD files, lighting plans, traffic signal plans
(for Collins and 7th Street), parking stripping plans, all underground utility
locations, scope of services for completion of final design, estimated cost
for final design/engineering, permitting, construction and CEI services.
D. It is understood and agreed by the parties hereto that the CITY shall
comply with Section 287.055, Florida Statutes, Consultants' Competitive
Negotiation Act, in the hiring of consultants for engineering, architecture
or surveying services. At the discretion of the DEPARTMENT, the CITY
will involve the DEPARTMENT in the Consultant Selection Process for
all phases of the PROJECT.
E. This Agreement involves construction and equipping of facilities on the
State Highway System. The CITY shall submit to the DEPARTMENT for
approval all appropriate plans and specifications covering the PROJECT.
The DEPARTMENT will review all plans and specifications and will
issue to the CITY written approval with any approved portions of the
PROJECT and comments or recommendations covering any remainder of
the PROJECT deemed appropriate. Written approval by the
DEP ARTMENT shall not be unreasonably withheld. After resolution of
these comments and recommendations to the DEPARTMENT'S
satisfaction, the D EP AR TNIENT will issue to the CITY written approval
with said remainder of the PROJECT. Failure to obtain this written
approval shall be sufficient cause of nonpayment by the DEPARTMENT.
. .
2.
Milling and Resurfacing of Coil ins Ave./5'h to 15'h St.
Page 3 of6
F. Except as otherwise authorized in writing by the DEPARTMENT. the
CITY shall not execute any contract or obligate itself in any manner
requiring the disbursement of DEPARTMENT funds. including consulting
or construction contracts or amendments tbereto, with any third party witb
respect to the PROJECT without the written approval of the
DEPARTMENT. Failure to obtain such approval shall be sufficient cause
for nonpayment by the DEPARtvIENT. The DEPARTMENT specitically
reserves unto itself the right to review the qualifications of any consultant
or contractor and to approve or disapprove the employment of same.
G. The CITY shall obtain all necessary permits from the DEPARTMENT.
and other concerned agencies prior to entering upon DEP ARTMENT'S
right of way to accomplish the construction.
H. The CITY will supervise and inspect all aspects of PROJECT
construction.
I. The following PROJECT elements shall be completed pmsuant to tbis
Agreement: new signing and pavement markings and improvements to
existing drainage system including the installation of deep wells; milling
and resurfacing the pavement; reconstruct the broken sidewalk and curb
and gutter; update all pedestrian ramps to meet ADA standards; coordinate
utility relocation; new landscaping; new signalization and signalization
improvements and public involvement.
J. The updating of the street lighting will be performed by the CITY, and
reimbursed by the DEPARTMENT, pursuant to a Local Agency Program
Agreement (LAP).
K. Upon completion of this PROJECT, the CITY shall be solely responsible
for maintaining the landscaping associated with this PROJECT. All
landscaping within the DEPARTMENT'S right of way. must be
maintained in accordance with the DEPARTMENT'S landscaping
standards and specifications.
A. Pursuant to this Agreement. the DEPARTMENT will reimburse the CITY
for aU eligible PROJECT costs up to $2.055.610.61 dollars. Botb parties
further agree that if the final auditing of the eligible PROJECT costs
indicates that the eligible cost exceed $2.055.610.61 million dollars. the
parties shall enter into a supplemental agreement in which the
DEPARTivrENT will agree to reimburse the CITY for the difference.
Miiling and Resurfacing of Collins A ve.l5'11 to 15'11 St.
Page 4 of6
B. The parties further agree, that if the there are additional PROJECT costs
that are not eligible, the DEPARTMENT shall not be obligated or liable to
the CITY, third parties or their agents or employees for such
reimbursement.
C. The CITY shall charge to the PROJECT account all eligible costs. Eligible
- --
costs for services and materials used for design and construction shall be
determined, reviewed and approved by the DEPARTMENT.
D. All costs charged to the PROJECT, including any approved services
contributed by the CITY or others, shall be supported by properly
executed payrolls, time records, invoices, contracts or vouchers
evidencing in proper detail the nature and propriety of the charges.
E. The provisions of this section have preference over any other provision of
this or any related contract.
F. Upon final payment to the CITY'S contractor for the PROJECT, the CITY
shall, within one hundred eighty (180) days furnish the DEPARTMENT
with two (2) copies of its final and complete billing of all costs incurred in
connection with the PROJECT.
G. The 'final billing shall show the description and site of the PROJECT; the
construction materials used; the date on which the first work was
performed or the date on which the earliest item of billed expense was
incurred; the $late on which the last work was performed or the last item
of billed expense was incurred; and the location where records and
accounts billed can be audited. All cost records and accounts shall be
subject to audit by a representative of the DEPARTMENT for a period
of three (3) YEARS AFTER FINAL BILLING.
3. To the extent permitted by Section 768.28, Florida Statutes, the parties agree to
indemnify each other for liability due to any act or omission, neglect or
wrongdoing of a parry or any of its officers, agents, or employees. Further the
parties agree to defend each other against any and all such claims or demands
which may be claimed and have arisen as a result of or in connection with the
parties' participation in this Agreement. Nothing contained herein shall be
construed to contradict the provisions of Section 768.28, Florida Statutes (1999).
Nor shall this Article be construed to require either party to indemnify the other
for the negligent acts of the other.
4. This Agreement shall be governed and construed in accordance with the laws of
the State of Florida.
i\rlilling and Resurfacing of Collins Ave.l5'II to \5'11 Sr.
Page 5 of6
5. If any part of this Agreement shall be determined to be invalid or unenforceable,
the remainder of this Agreement shall not be affected thereby, if such remainder
continues to conform to the terms and requirements of the applicable law.
6. The CITY shall, by the issuance of resolution by its board of commissioners ratify
this Agreement. Such resolutions will be hereby attached to this Agreement as
Exhibit B.
7. Notices: All notices, requests, demands, consents, approvals and other
communication which are required to be served or given hereunder, shall be in
writing and shall be sent by registered mail or certified U.S. mail, return
receipt requested, postage prepaid, addressed to the party to receive such notices
as follows:
To Department:
Florida Department of Transportation
1000 Northwest 11lth Avenue, Room 6207
Miami, Florida 33172-5800
Attention: Director of Production
To City:
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
Attention: City Manager
Either party may, by notice given as aforesaid, change its address for all
subsequent notices. Notices given in compliance with this section shall be
deemed given when placed in the mail.
8. Nothing in this Agreement shall be construed to violate the provisions of Section
339.135 (6)(a), Florida Statutes (1999), which provides as follows:
The Department, during any fiscal year, shall not expend money, incur any
liability, or enter into any contract which, by its terms, involves the expenditure of
money in excess of the amounts budgeted as available for expenditure during such
fiscal year. Any contract, verbal or written, made in violation of this subsection,
is null and void and no money may be paid on such contract. The Department
shall require a statement from the Comptroller of the Department that funds are
available prior to entering into any such contract or other binding commitment of
funds. Nothing herein contained shall prevent the making of a contract for
periods exceeding one year, but any contract so made shall be executory only for
the value of the services to be rendered or agreed to be paid for in succeeding
Milling and Resurfacing of Collins Ave./5'h to lS'h St.
Page 6 of 6
fiscal years; and this paragraph shall be incorporated verbatim in all contracts of
the Department which are for an amount in excess of $25,000 and which have a
term for a period of more than one year.
9. This Joint Project and Reimbursement Agreement is the entire agreement between
the parties hereto and all previous negotiations leading thereto, and it may be
modified or amended only by mutual consent of the parties in writing and
evidenced by the District Secretary and the CITY'S duly authorized
representative as designated by the Board of City Commissioners and spread upon
the Board's respective minutes.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement, on the day
and year above written.
CITY OF MIAMI BEACH
STATE OF FLORIDA, DEPARTMENT
OF TRANSPORTATION
BY:
TITLE:
rf/!!
!vIA YOR
BY:
TITLE:
ATTEST: . Au;\. r~tLel'--
TITLE: CLERK.
ATTEST: J3..4t:-4-/t~<...?~
TITLE: EXECUTIVE SECRETARY
Legal Review
City Att,o~9s:.s TO
,
f01<.\-\ &'V.NGUAGE
" ::OR "'''l:rl 1""'1""\ N
l~ , C.A~....lo,.,:! i-...Jl
( &ilJJf ~~
~tict General's Office
/1/r, Jl6.0~
City Attorr...,
~/1 /17)
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PROJECT LOCATION: COLLINS AVENUE FROM 5TH STREET TO 15TH STREET
PROJECT SCOPE: THE SCOPE OF WORK CONSISTS OF MILLING AND RESURFACING OF S.R. AlA {COLLINS AVE.}
IN THE CITY OF MIAMI BEACH FROM 5TH STREET TO 15TH STREET. THIS PROJECT
ALSO INCLUDES REPLACING THE EXISTING LIGHTING SYSTEM. ALLEVIATING EXISTING DRAINAGE
SYSTEM AT FLOOD PRONE AREAS WITH DEEP WELLS. NEW SIGNING AND PAVEMENT MARKINGS.
UPDATING ALL PEDES'TRIAN RAMPS TO MEET ADA STANDARDS. REPLACING ANY BROKEN SIDEWALK
AND CURB. SIGNALIZATION IMPROVEMENTS AND NEW LANDSCAPING. ::
ACTIVITY SUBACTIVITY
DESCRIPTION HOURS/ NUMBER STAFF
llli!I llli!I SHEETS ~
ROADWAY DESIGN ANALYSIS LS 0 120
DRAINAGE ANAL YSISlREPORT LS 0 120
KEYSHEET EA 8 1 8
TYPICAL SECTION SHEET EA 16 2 32
DETAIL SHEET E.~ 8 1 8
GENERAL AND PAY ITEM NOTES EA 8 2 16
TABULATION OF QUANTITIES EA 8 1 8
ROADWAY PLAN SHEETS EA 32 15 480
DRAINAGE DETAIL SHEET EA 8 2 16
DRAINAGE STRUCTURE SHEET EA 16 3 48
SUMMARY OF DRAINAGE SHEET EA 16 1 16
TRAFFIC CONTROL SHEETS EA 8 4 32
CEs\sUMMARY OF PAY ITEMS LS 1 8 a
SIGNING/MARKING PLANS KEY SHEET EA 4 1 4
TABULATION OF OUANmlES EA 8 1 8
PLAN SHEETS EA 12 15 180
CESISUMMARY OF PAY ITEMS LS 1 8 8
SIGNALIZATION PLANS KEYSHEET EA 4 1 4
TABULATION OF OUANTITlES FA 8 1 8
PLAN SHeE 1 EA 10 3 .:a
DETAIL SHEET EA 2 2 4
CESISUMMARY OF PAY ITEMS LS 1 8 a
LIGHTING PLANS KEYSHEET EA 4 1 4
TABULATION OF QUANTITIES EA 12 1 12
POLE DATA EA 12 1 12
LIGHTING PLANS EA 24 15 380
LIGHTING ANALYSIS REPORT LS 1 24 24
CES/SUMMARY OF PAY ITEMS LS 1 8 a
LANDSCAPE PLANS KEYSHEET EA 4 1 4
SUMMARY OF QUANTITIES EA 4 1 4
PLANT LOCATION SHEET EA 4 1 4
GENERAL NOTES SHEET EA 4 1 4
DETAIL SHEET EA 4 2 8
PLAN SHEET EA a 3 24
CESISUMMARY OF PAY ITEMS LS 1 8 8
HOURLY TOTALS 1660
30% REOUCTION 498
TOTAL HOURS 1162
HOURLY RATE CLASSIFICATION PERCENTAGE l:!Ql!Bli ~
$32.00 PROF. ENGINEER 10". 116.2 53.718.40
525 OESIGN ENGINER 35'10 406.7 510.167.50
517.00 TECHNICIAN 60% 897.2 511.852.4
512.00 SECRETARY 51'. 5a.l 5697.20
TOTAL COST 526.435.50
OVERHEAD 542.2$6.80
OPERATING MARGIN 58.247.88
PERMITS $20.000
TOTAL LUMP SUM FEE $96,980.18
EXHIBIT A 1 of.14
Construction Cost
ACTIVITY
DESCRIPTION
ROADWAY/MOT (180 DAYS)
SIGNING/MARKING PLANS
LIGHTING
SIG NALlZA TION
LANDSCAPING
STATE FUNDS
$1,379,027.05
$ 1 01,530.87
.r
PAID FOR UNDER LAP AGREEMENT
586,044.20
$6,120
SUBTOTAL
$1,572,722.12
5235,908.32
CEI COST 15% OF CONSTRUCTION COST
PUBLIC INVOLVEMENT COST
150,000
TOTAL COST
$1.958.630
TOTAL CONSTRUCTION COST
TOTAL STATE FUNDS (CONSTRUCTION & DESIGN)=
GRAND TOTAL= (CONSTRUCTION COST + DESIGN COST)=
LIGHTING (CONSTRUCTION & CEI UNDER LAP AGREEMENT) =
EXHIBIT A
$1.958.630.44
$2,055,610.61
$2.055.610.61
$513.066
2 of 14
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COLLINS AVENUE FROM 5th STREET TO 15th STREET
PUBLIC INVOLVEMENT GENERAL SCOPE OF SERVICES
COMMUNITY AWARENESS PLANS (CAP)
.
A community awareness plan must be developed for each project during plans production. These
actions are in addition to public contact which may have occurred during the Project
Development phase. The plan shall detail the actions to be taken on that specific project to inform
all those affected by the project, either temporarily during construction, or permanently upon
completion. The actions outlined in the plan shall be consistent with the Principles of Access
Management identified in the Directive dated JUI)~ 6, 1997 (Topic No: 625-0 I 0-021 a).
Objectivcof CAP
The objective of the plan is to notify local governments, affected property owners and tenants and
the public of the Department's proposed construction and the anticipated impact of that
construction. In addition to the benefits of advance notification, the process should allow the
Departme'nt to resolve controversial issues during the design phase. Three areas of specific
concern are: 1) Influences on access to business; 2) Drainage; and 3) Maintenance of Traffic
during construction.
This procedure establishes a process for achieving these community involvement objectives.
Principal responsibility for devising and carrying out the Community Awareness Plan lies with the
Project Manager. Th~ District's Community Awareness Review Team is respnnsible for ensuring
that an appropriate plan is followed for each project in the work program.
.Gener:!l Provisions of CAP
The Project Manager shall develop and ensure the implementation of a Community Awareness
Plan for each project duril)g the plans production phase: This Plan shall be in accordance with the
provisions of this procedure to accomplish'proper advance notification and appropriate
consideration of all maintenance of traffic and other impacts on motorists and businesses.
A Production Activity Event Nu'mger shall be established and used to schedule the completion of
a Community Awareness Plan by the Project Manager, This event shall be no later than Phase I
Design. The Plan will be reviewed for possible updating at the completion of each phase by the
Project Manager. . .
The Plan shall be submitted to the District Design Engineer for in-house projects or the
Consultant Management Administrator for consultant projects. The appropriate department head
shall review and approve the Plan for implementation.
A District Community Awareness Review Team shall be established, chaired by senior
management in the District. The members of the Review Team will include the District Director
of Production, District Director of Operations and the District Public Information officer. Other
members may be appointed as deeme9 appropriate. The Review Team shall meet at least once
every six months to review and comment on all Plans that have been flied.
EXHIBIT A
3 of 14
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IVIaintciulllce of Traffic (MOT) Design Considcr:!tions'
A Community Awareness Plan is not complete without evaluating the project's potential impacts
on the public and businesses, and designing the project to minimize those impacts both during .and
after construction.
The following must be addressed on each project:
- Construction Schedule - The schedule should consider whether the time of the letting or
ti Ie time of the COllstructioll should be restricted. The ~chedule should consider
restrictions of working hours during the peak hours, longer workdays, night work,
weekend work, holiday restrictions, delivery restrictions and incentive/disincentive clauses.
Although these options add cost they have become. the traditional approach to contract
provisions and scheduling. ~he District is prepared to accept additional cost where such
action is reasonable, cost-effective and geared to limiting the adverse impact of the project
on motorists and neighbors. .
Contracts Time - Time should be minimized. Many of the scheduling options listed above
may be effective. Design is not complete until contract time established by construction.
h:'.s been carefully ",na!yzed ",nd agreed to.
Maintenance of Traffic (MOT) Plan -A conceptual MOT Plan 'shall be devised by Phase 1.
Duration and design of detours should receive early attention. .:Consideration should be
given to the impacts of construction on local access to adja.cent properties: .
Accessability Impacts Identification
Permanent accessability impacts should be identified early.in the design process. Affected
property owners and tenants. must be advised of the impacts at an early date. A high level of
notification is required for media,n opening closures, traffic signal removal, restrictive
channelization, restrictive driveway modification and other such direct impacts.
Public Involvement Levels
The Project Manager shall designate the project according to public involvement levels as defined
below.
LevelL Project is non-controversial, causes negligible accessibility impacts and minimal
traffic disruption. Examples are work outside the roadway, simple rural resurfacing, some
signal work, pavement markings and bridge repairs out of traffic.
Level 2. Project has general public acceptance, little impact on access and moderate
degree of traffic disruption. Examples are urban resurfacing, bridge repairs and other
construction activities that require lane closures.
EXHIBIT A
4 of 14
,
-#
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.
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,-
-Level 3. Project may be controversial, will significantly impact traffic flow or will
significantly affect accessibility to properties (temporarily or permanently). Examples are
parking removal, median opening closures, traffic signal removal, roadway widening,
.major reconstruction and projects including detours. .
Level 4. Projectinvolves Interstate work including maintenance work, road widening,
temporary ramp closures, construction of new interchanges and major reconstruction.
Also included in Level 4 are all projects that require total closure, either permanent or
temporary (i.e. for the duration of the construction or maintenance work) of roadways,
bridges and railroad.,crossings.
The level definition will assist in determining the appropriate level of community involvement. .
Each Plan shall be prepared, however, in consideration of its special circumstances. Designation
of level does not in any way restrict or designate required actions.
Community A\'.'areness Activities arC' listed below with a typical time of nc.clIrrence. The level
designation may be used as a rule of thumb in considering use of each option but does not replace
good judge'ment. These Activities are to occur throughout' the life of a project and apply'to all
projects, including Roadway, Bridge and other Construction, Maintenance; Bridge Inspections'
and Railroad Crossing repairs;' Project Managers are responsible for notifying the District Public
..Information officer of all project meetings where the COnUnunity Awareness Plan (CAP) is being
discussed, when CAP',s are being reviewed, and wh~n notification to the public is necessary.
EXHIBIT A
5 of 14
, "
-.
"
TIME OF OCCURRENCE ACTIVITY IMPACT LEVELS
PD & E Phase Public Hearing (As required 1,2,3, & 4
. by law). .
By Phase I Notice of Access Impact To 2,3,4
Affected Property Own~rs.
- - Project Information Work '2,3,4
. . Shop with city, county staff,
Phase II elected officials, property
owners and interested public
to solicit comments. -
..........-....--- ....Dear Neighbor" -.. ..-.
flyers/invitations (Mass 3,4
Mailings) to meeting.
Notice to City & County 2,3,4
Phase IIIIII Government to solicit
comments
Phase reviews to city and 1,2,3, &4.
All Phase Reviews county officials and staff to
solicit comments and
concurrence.
Presentationes) to. city,!v1PO, 3,4
county commission,
As Required legislators, community groups ".
regarding design, impact and
.. construction status.
1,2,3&4
Pre-construction meeting
with contractor, appropriate
1 Month Prior Begin sub-contractors, DOT staff,
Construction city staff, county staff and
utilities.
Mass mailing of "Dear
neighbor" flyer with
construction dates and
specific project impact to 3,4
traffic information.
EXHIBIT A
6 of 14
.'
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-~
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TIME OF OCCURRENCE ACTIVITY ThlPACT LEVELS
Pre-construction public 3,4
information meeting/open
house for all. interested. .
2~4 Weeks Prior Begin persons to review plans, .
- Construction construction schedule, and
traffic impacts, particularly
dates of total closure.
News release of project start -1,2,3, & 4
date, pertinent project
1 Week Prior Begln'-'--- 'Tnformation and specific - ...
Construction traffic impact information.
.
Weekly news releases with 1,2,3 & 4
Throughout Construction specific traffic impact
in[olll1atior,. I
Mass mailing of project 4
At Begin Const. And impact, informational flyers,
Throughout as Needed particularly with total
closures.
District Public Information Office (PIO) Involvement
The District PIO will he .involved in writing of all request for proposals (RFP's) and
scopes of service language that pertain to hiring of community awareness consultants.
See the following generic Community Awareness Plans for each Level Project.
EXHIBIT A
7 of 14
. .
'Levell Projects:
Negligible accessibility impacts
. Non controversial
. Minimal traffic disruptions
Examples:
.
Work outside roadway
Simple rural resurfacing
Minor signal work
Pavement markings .
Bridge painting and repair out of traffic
,.
.
.
.
C.A.P. Activities:
Phase I 30%
. Phase review plans to city/county officials and others for comment and
concurrence.
Phase II 60%
. Phase review plans to city/county officials and others for comment and
concurrence.
Phase III 90%
. .
. Phase review plans to city/county officials and others for comment and
concurrence.
Phase IV 100%
.
~~,
Phase revie\yplans to city/county officials and others for comment and
concurrence. .... .
1 Month Prior to .
Begin Construction:
Pre-construction meeting with contractor, subcontractors, FDOT staff ,
city/county officials, utilities, and abutting property owners.
1 Week Prior to
Begin Construction:
News release of project start date, pertinent project information and specific traffic
impact information.
Throughout Construction:
Bi-weekly news release with traffic impact information and periodic progress
reports.
EXHIBIT A
8 of 14
'I
,
~ . .
Leve12 Proj"ects:
.
Have general public acc'eptance
Little impact on access
Moderate d~gree of traffic disruption
.
Examples:
.'
'.
-Urban resurfacing
All work requiring traffic lane closures
C.A.P. Activities:
Phase I 30%
Notice of access impacts to affected property owners and tenants.
. Phase review plans to city/county officials and others for comment and
concurrence.
Phase II 60%
. Phase review plans to city/county officials and others for comment and
concurrence.
. Public notice advertisement of Project Information workshop.
. , Project Information workshop with city/county staff, elected officials and, property
ownersltenants.
Ph~?e III 90%
.
. Phase revie\'./'plal)s to city/countY officials and others for comment and
concurrence~
Phase IV 100%
. Phase review plans to city/county officials and others for comment and,
concurrence.
1 Month Prior
Begin Construction:
Pre-construction meeting with contractor, subcontractors, FDOT staff, city/county
officials, utilities.
EXHIBIT A
9 of 14
" ;
Level 2 (Cont.)
1 Week Prior
Begin Construction:
. News release of project start date, pertinent project information and specific traffic
impact information.
Throughout
Construction:
Biweekly news releases with traffic impact information and periodic progress
reports. ' . _',_ ,
".,
EXHIBIT A
10 of 14
..
. "
,.
. .
,.,
Level 3 Projects:
. May be controversial
. Will significantly impact traffic flow
. Will significantly affect accessibility to adjacent properties
(Temporarily or permanently)
Examples:
. Parking removal
. Median opening closures
. Traffic signal removal
Roadwaywidening
Major-.r.econstruction
. Projects with detours
C.A.P. Activities:
Phase I 30%
. Notice of access impacts to affected property owners and tenants.
. Phase review plans to city/county officials for comment and concurrence."
Phase II 60%
.
Phase review plans to city/county officials for comment and concurrence.
Public information workshop with city/county staff, elected officials and
Property owners/tenants.
"Dear Neighb()r" flyers/invitations
(mass mailings)-to workshop.
Phase III 90%
. Phase review plans to city/county officials for comment and concurrence.
Phase IV 100%
. , Phase review plans to city/county officials for comment and, concurrence.
Public Information workshop same as Phase II, provide schedules of construction
activities and traffic impacts.
EXHIBIT A
11 of 14
~, 0, I
Level 3 (Cont.)
1 Month Prior to
Begin Construction:
Pre-construction meeting with contractor, subcontractors, FDOT staff, city/county
stafii'utilities. . '
Mass mailing of "Dear Neighbor" flyer with construction dates and specific traffic
impactlnformation and date/place of Public Information meeting.
2-4 Weeks Prior to
Begin Construction:
Public Information meeting/open-house for final plan review, construction
schedul.es and specific traffic impacts both temporary and permanent.
1 Week Prior to
Begin Construction:
. News release of project start date, project information, and specific traffic
impact information.
Throughout
Construction:
. Biweekly news releases with traffic impact information and periodic progress
reports.
~'o
.
".~
EXHIBIT A
12 of 14
, "
. ~
Level 4 Projects:
Interstate or other expressway work or maintenance activities or projects requiring
total closure of elements (either temporarily or permanently).
Examples:
Expressway widening
Ramp dosures (temporary or permanent)
New interchange construction
. Major reconstruction
. Bridge replacement/rehabilitation
. Railroad crossings
C.A,P. Activities:
Phase I 30%
Phase review plans to citY/l.:ounty officials for comment ana concurrcnl.:(;.
Notice of access impact to affected property owners.
Phase II 60%
.
Phase review plans to city/county officials for comment and concurrence.
Public information .workshop with city/county staff, elected officials,
property owners/tenants and interested public to solicit comments.
Public advertisement and "Dear neighb.or" flyers/invitation (mass mailings) to
meeti~g. :':,.
:~.:.
.
Phase III 90%
Phase review plans to city/county officials for comment and concurrence.
Notice to city/county government to solicit comments.
Phase IV 100%
Phase review plans to city/county officials and staff for comment and
concurrence.
As Required:
Presentationes) to city, NfPO, county commissions, legislators, community groups
regarding design, impact and construction status.
EXHIBIT A
13 of 14
..
Levcl 4 (Cont.)
1 month Prior
Begin Construction:
"
Prc-construction mecting with contractor, appropriate suucontracturs, DOT slafl~
city staff, county staff and utilities.
Mass mailing of "Dear neighbor" flyer with construction dates and specific project
impact to traffic information. .
2-4 Weeks Prior
Begin Construction:
Pre-construction public information meeting/open house for all interested persons
to review plans, construction schedule, and traffic impacts, panicularly dates of
total closlll'c.
1 Week Prior
Begin Construction:
News release of project start date, pertinent project information and specific traffic
impact.information.
At B l;gin
Construction:
.
".~
. Mass mailing of project impact, informational flyers, particularly with total
closures.
Throughout
Construction:
. Bi-weekly news releases with specific traffic impact information and periodic
progress reports,
EXHIBIT A
14 of 14
-.
STATE OF FLORICA DEPARTMENT OF TRANSPORTATION
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LOCAL AGENCY PROGRAM AGREEMENT
-.--.--... --
- - -.-.----
FLAIR Approp,
FLAIR Obj.
Org. Code
Vendor No. F591820033003
FIN No. 24968715801 Fund
Function
Federal No. County No. 87
Contract No.
Catalog of Federal Domestic Assistance Number:
----------
___. ..._u..___.._..
THIS AGREEMENT, made and entered into this day of -----,- -
by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida,
hereinafter called the Department, and The City of Miami Beach
hereinafter called the Agency.
WITNESSETH:
WHEREAS, the Agency has the authority to enter into said Agreement and to undertake the project hereinafter described,
and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including
the implementation of an integrated and balanced transportation system and is authorized under Section 334,044, Florida
StatutE's, to enter into this Agreement;
NOW, THEREFORE, in consideration of the mutual covenants, promises, and representations herein, the parties agree as
follows:
1,00 Purpose of Agreement: The purpose of this Agreement is to provide for the Department's participation in
Collins Ave. lighting and as further described in Exhibit "A" attached hereto and by this reference made a part
hereof, hereinafter called the project, and to provide Departmental financial assistance to the Agency and state the terms
and conditions upon which such assistance will be provided and the understandings as to the manner in which the project
will be undertaken and completed.
1,01 Modifications and Additions: Exhibit(s) RL
are attached hereto and by this reference made a part hereof,
2.00 Accomplishment of the Pro~ct:
2.01 General Requirements: The Agency shall commence and complete the project as described in Exhibit "A" with all
practical dispatch, in a sound, economical and efficient manner, and in accordance with the provisions herein, and all
applicable laws, The project will be performed in accordance with all applicable Department procedures, guidelines,
manuals, standards, and directives as described in the Department's Local Agency Program Manual, which by this
reference, is made a part hereof as if fully set forth herein.
, A full time employee of the Agency, qualified to ensure that the work being pursued is complete, accurate, and consistent
with the terms, conditions, and specifications of this Agreement, shall be in charge of each project.
2.02 E:xpiration of Agreement: The Agency agrees to complete the project on or before June 30. 2001
If the Agency does not complete the project within this time period, this Agreement will expire on the last day of
scheduled completion as provided in this paragraph unless an extension time period is requested by the Agency and
granted in writing by the District Secretary, District VI , prior to the expiration of the Agreement.
Expiration of this Agreement will be considered termination of the project. The cost of any work performed after the
expiration date of the Agreement will not be reimbursed by the Department.
2,03 Pursuant to Federal, State, and Local Law: In the event that any election, referendum, approval, permit. notice or
other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement or to
undertake the project hereunder or to observe, assume or carry out any of the provisions of the Agreement, the Agency will
initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite,
2,04 Funds of the Agency: The Agency shall initiate and prosecute to completion all proceedings necessary, including
Federal-aid requirements, to enable the Agency to provide the necessary funds for completion of the project.
2.05 Submission of Proceedings, Contracts and Other Documents: The Agency shall submit to the Department such
data, reports, records, contracts, and other documents relating to the project as the Department and the Federal Highway
Administration may require,
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3.00 Project Cost:
3.01 Total Cost: The total estimated cost of the project is $ 513066.00 ' This amount is based upon
the estimate summarized in Exhibit "8" attached hereto and by this reference made a part hereof, The Agency agrees to
bear all expenses in excess of the total estimated cost of the project and any deficits involved. The estimate may be
modified by mutual agreement as provided for in 4.00.
3.02 Department Participation: The Department agrees to participate, including contingencies, in the project cost to the
extent provided in Exhibit "B," This amount includes Federal-aid funds which are limited to the actual amount of
Federal-aid participation.
3.03 Limits on Department Funds: Project costs eligible for Department participation will be allowed only from the date
of this Agreement. It is understood that Department participation in eligible project costs is subject to:
a) Legislative approval of the Department's appropriation request in the work program year that the project is
scheduled to be committed;
b) Availability of funds as stated in paragraphs 3,04 and 3.05 of this Agreement;
c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of this
Agreement;
d) Department approval of the project scope and budget at the time appropriation authority becomes available.
3.04 Appropriation of Funds: The Department's performance and obligation to pay under this Agreement is contingent
upon an annual appropriation by the Legislature.
3.05 Multi-Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a period of more
than one year, the provisions of Section 339,135(6)(a), Florida Statutes, are hereby incorporated:
"(a) The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any
contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as
available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this
subsection is null and void, and no money shall be paid on such contract. The Department shall require a
statement from the comptroller of the Department that funds are available prior to entering into any such
contract or other binding commitment of funds. Nothing herein contained shall prevent the making of
contracts for periods exceeding one year, but any contract so made shall be executory only for the value of
the selVices to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be
incorporated verbatim in all contracts of the Department which are for an amount in excess of $25,000 and
which have a term for a period of more than one year."
3.06 Notice to Proceed: No cost may be incurred under this contract until the Agency has received a Notice to Proceed
from the Department.
3.07 Limits on Federal Participation: Federal-aid funds shall not participate in any cost which is not incurred in
conformity with applicable Federal and State law, the regulations in 23 C.F,R. and 49 C,F.R., and policies and procedures
prescribed by the Division Administrator of the Federal Highway Administration (FHWA), Federal funds shall not be paid
on account of any cost incurred prior to authorization by the FHWA to the Department to proceed with the project or part
thereof involving such cost (23 CFR 1.9 (a)), If FHWA or the Department determines that any amount claimed is not
eligible, Federal participation may be approved in the amount determined to be adequately supported, the Department
shall notify the Agency in writing citing the reasons why items and amounts are not eligible for Federal participation. Where
correctable non-compliance with provisions of law or FHWA requirements exists, Federal funds may be withheld until
compliance is obtained. Where non-compliance is not correctable, FHWA or the Department may deny participation in
parcel or project costs in part or in total.
For any amounts determined to be ineligible for Federal reimbursement for which the Department has advanced payment,
the Agency shall promptly reimburse the Department for all such amounts within 90 days of written notice,
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4.00 Project Estimate and Disbursement Schedule: Prior to the execution of this Agreement, a project estimate shall be
prepared by the Agency and approved by the Department. The Agency shall maintain said estimate, carry out the project,
and incur obligations against and make disbursements of project funds only in conformity with the latest approved estimate
for the project. The estimate may be revised by mutual written agreement between the Department and the Agency, If
revised, a copy of the revision should be forwarded to the Department's Comptroller and to the Department's Federal-Aid
Program Office. No estimate increase or decrease shall be effective unless it complies with fund participation
requirements established in Exhibit "8" of this Agreement and is approved by the Department's Comptroller.
5.00 Records:
5.01 Establishment and Maintenance of Accounting Records: Records of costs incurred under terms of this
Agreement shall be maintained and made available upon request to the Department at all times during the period of this
Agreement and for five years after final payment is made, Copies of these documents and records shall be furnished to
the Department upon request. Records of costs incurred include the Agency's general accounting records and the project
records, together with supporting documents and records, of the Agency and all subcontractors performing work on the
project and all other records of the Agency and subcontractors considered necessary by the Department for a proper audit
of costs. If any litigation, claim or audit is started before the expiration of the 5 year period, the records shall be retained
until a:: litigation, claims or audit findings involving the records have been resolved.
5,02 Costs Incurred for the Project: The Agency shall charge to the project account all eligible costs of the project.
Costs in excess of the latest approved estimate or attributable to actions which have not received the required approval of
the Department shall not be considered eligible costs.
5.03 Documentation of Project Costs: All costs charged to the project, including any approved services contributed by
the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers
evidencing in proper detail the nature and propriety of the charges.
5.04 Audit Reports: Recipients of federal and state funds are to have audits done annually using the following criteria.
Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number, award
number and year, and name of the awarding federal agency, State awards will be identified using the Catalog of State
Financial Assistance (CSFA) title and number, award number and year, and name of the awarding state agency,
In the event that a recipient expends $300,000 or more in Federal awards in its fiscal year, the recipient must have a single
or program specific audit conducted in accordance with the United States Office of Management and Budget (OMB)
Circular A-133.
If a recipient expends less than $300,000 in Federal awards during its fiscal year, an audit conducted in accordance with
the OMB Circular A.133 is not required. If a recipient expends less than $300,000 in Federal awards during its fiscal year
and elects to have an audit conducted in accordance with OMB Circular A-133, the cost of the audit must be paid from
non-Foderal funds.
In the event that a recipient expends $300,000 or more in State awards during its fiscal year, the recipient must have a
state single or program specific audit conducted in accordance with Section 216.3491, Florida Statutes, and Chapter
10,600, Rules of the Auditor General.
If a recipient expends less than $300,000 in State awards during its fiscal year, an audit conducted in accordance with
Section 216.3491, Florida Statutes, and Chapter 10.600, Rules of the Auditor General is not required. If a recipient
expends less than $300,000 in State awards during its fiscal year and elects to have an audit conducted in accordance with
Section 216.3491, Florida Statutes, and Chapter 10.600, Rules of the Auditor General. the cost of the audit must be
paid from non-State funds.
Reporting Packages and management letters generated from audits conducted in accordance with OMB Circular A-133
and Financial Reporting Packages generated in accordance with Section 216.3491, Florida Statutes, and Chapter
10,600, Rules of the Auditor General shall be submitted to the awarding FOOT office. by the recipient. within 30 days of
receiving it. The aforementioned items are to be received by the appropriate FDOT office no later than 9 months after the
end of the recipient's fiscal year.
FORM 525-010-40
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The recipient shall follow up and take corrective action on audit findings. Preparation of a summary schedule of prior year
audit findings, including corrective action and current status of the audit finding is required, Current year audit findings
require corrective action and status of finding,
Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed or the
dispute is resolved. Access to project records and audit workpapers shall be given to the FOOT, the Comptroller. and the
Office of the Auditor General.
The recipient shall submit required audit documentation as follows:
A Reporting Package and Data Collection Form for each audit conducted in accordance with OMB Circular A-133 shall
be sent to:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jefferson, IN 47132
A Financial Reporting Package of audits conducted in accordance with Section 216.3491, Florida Statutes, and Chapter
10.600, Rules of the Auditor General shall be sent to:
State of Florida Auditor General
Attn: Ted J. Sauerbeck
Room 574, Claude Pepper Building
111 West Madison Street
Tallahassee, FL 32303-1450
5,05 Inspection: The Agency shall permit, and shall require its contractors to permit, the Department's authorized
represp.ntatives and authorized ag!lnts of the Federal Highway Administration to inspect all work, workmanship, materials,
payrolls, and records and to audit the books, records, and accounts pertaining to the financing and development of the
project.
The Department reserves the right to unilaterally cancel this Agreement for refusal by the Agency or any contractor,
sub-contractor or materials vendor to allow public access to all documents, papers, letters or other material subject to the
provisions of Chapter 119, Florida Statutes, and made or received in conjunction with this Agreement.
(Section 287.058(1)(c), Florida Statutes)
6.00 Requisitions and Payments: Requests for reimbursement for fees or other compensation for services or expenses
incurred shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. (Section 287,058(1)(a), Florida
Statutes)
Any request for reimbursement of travel expenses must be submitted in accordance with Section 112.061, Florida
Statutes. The Department may establish rates lower than the maximum provided in Section 112.061, Florida Statutes,
(Section 287.058(1)(b), Florida Statutes)
If, after project completion, any claim is made by the Department resulting from an audit or for work or services performed
pursuant to this Agreement, the Department may offset such amount from payments due for work or services done under
any agreement which it has with the Agency owing such amount if, upon demand, payment of the amount is not made
within 60 days to the Department. Offsetting any amount pursuant to this section shall not be considered a breach of
contract by the Department.
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7.00 The Department's Obligations: Subject to other provisions hereof, the Department will honor requests for
reimbursement to the A.gency in amounts and at times deemed by the Department to be proper to ensure the Carl'fing out
of the project and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the
Department may elect by notice in writing not to make a payment if:
7.01 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application, or any
supplement thereto or amendment thereof, or in or with respect to any document of data furnished therewith or pursuant
hereto:
7.02 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties or
obligations which may jeopardize or adversely affect the project, the Agreement or payments to the project;
7.03 Approval by Department: The Agency shall have taken any action pertaining to the project which under this
Agreement requires the approval of the Department or has made related expenditure or incurred related obligations
without having been advised by the Department that same are approved;
7.04 C.onflict of Interests: There has been any violation of the conflict of interest provisions contained herein; or
7,05 Default: The Agency has been determined by the Department to be in default under any of the provisions of the
Agreement.
7.06 Federal Participation: The Department may suspend or terminate payment for that portion of the project which the
FHWA, or the Department acting in lieu of the FHWA, may designate as ineligible for Federal-aid.
7.07 Disallowed Costs: In determining the amount of the payment, the Department will exclude all projects costs
incurred by the Agency prior to the effective date of this Agreement or the date of authorization, costs incurred after the
expiration of the Agreement, costs which are not provided for in the latest approved estimate for the project, and costs
attributable to goods or services received under a contract or other arrangements which have not been approved in writing
by the Department.
7.08 Final'nvoices: The Agency must submit the final invoice on the project to the Department within 180 days after the
completion of the project. Invoices submitted after the 180-day time period will not be paid.
8,00 Termination or Suspension of Project:
8.01 Termination or Suspension Generally: The Department may, by written notice to the Agency, suspend any or all of
its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or
been corrected or the Department may terminate this Agreement in whole or in part at any time the interest of the
Department requires such termination.
If the Department determines that the performance of the Agency is not satisfactory, the Department shall have the option
of (a) immediately terminating the Agreement or (b) suspending the Agreement and notifying the Agency of the deficiency
with a requirement that the deficiency be corrected within a specified time, otherwise the Agreement will be terminated at
the end of such time. Suspension of the contract will not affect the time period for completion of the Agreement.
If the Department requires termination of the Agreement for reasons other than unsatisfactory performance of the agency,
the Department shall notify the Agency of such termination, with instructions as to the effective date of termination or
specify the stage of work at which the Agreement is terminated.
If the Agreement is terminated before performance is completed, the Agency shall be paid for the work satisfactorily
performed. Payment is to be on the basis of substantiated costs.
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8.02 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final termination or suspension
notice under this paragraph, the Agency shall proceed promptly to carry out the actions required therein which may include
any or all of the following: (a) necessary action to terminate or suspend, as the case may be. project activities and
contracts and such other action as may be required or desirable to keep to the minimum the costs upon the basis of which
the financing is to be computed; (b) furnish a statement of the project activities and contracts, and other undertakings the
cost of which are otherNise includable as project costs. The termination or suspension shall be carried out in conformity
with the latest schedule, plan, and estimate as approved by the Department or upon the basis of terms and conditions
imposed by the Department upon the failure of the Agency to furnish the schedule, plan, and estimate within a reasonable
time, The closing out of Federal financial participation in the project shall not constitute a waiver of any claim that the
Department may otherwise have arising out of this Agreement.
9,00 Contracts of the Agency:
9.01 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall not execute
any contract or obligate itself in any manner requiring the disbursement of Department funds, including consultant or
construction contracts or amendments thereto, with any third party with respect to the project without the written approval of
the Department. Failure to obtain such approval shall be sufficient cause for nonpayment by the Department. The
Department specifically reserves unto itseif the right to review the qualifications of any consultant or contractor and to
approve or disapprove the employment of same.
9.02 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto
that participation by the Department in a project with an Agency, where said project involves a consultant contract for
engineering, architecture or surveying services, is contingent on the Agency's complying in full with provisions of Section
287.055, Florida Statutes, Consultants' Competitive Negotiation Act. At the discretion of the Department, the Agency will
involve the Department in the Consultant Selection Process for all projects. In all cases, the Agency's Attorney shall certify
to the Department that the selection has been accomplished in compliance with the Consultants' Competitive Negotiation
Act.
10.00 Disadvantaged Business Enterprise (DBE) Policy and Obligation:
10.01 DBE Policy: It is the policy 'of the Department that disadvantaged business enterprises, as defined in 49 C.F.R. Part
26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with
Department funds under this Agreement. The DBE requirements of applicable Federal and State regulations apply to this
Agreement.
10,02 DBE Obligation: The Agency and its contractors agree to ensure that Disadvantaged Business Enterprises, as
defined in applicable Federal and State regulations, have the opportunity to participate in the performance of contracts and
this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance
with applicable Federal and State regulations, to ensure that the Disadvantaged Business Enterprises have the opportunity
to compete for and perform contracts. The Agency shall not discriminate on the basis of race, color, national origin or sex
in the award and performance of Department-assisted contracts.
10.03 Disadvantaged Business Enterprise (DBE) Obligations: If Federal Transit Administration or FHWA funding is a
part of this project, the Agency must comply with applicable Federal and State regulations.
11,00 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION
(Applicable to all Federal-aid contracts - 49 CFR 29)
a. By signing and submitting this agreement. the prospective primary participant is providing the certification set out
below.
b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in
this covered transaction, The prospective participant shall submit an explanation of why it cannot provide the certification
set out below, The certification or explanation will be considered in connection with the Department's or ;',gency's
determination whether to enter into this transaction. However, failure of the prospective primary participant to furnish a
certification or an explanation shall disqualify such a person from participation in this transaction.
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c. The certification in this clause is a material representation of fact upon which reliance was placed when the
Department or Agency determined to enter into this transaction. If it is later determined that the prospective primary
participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal
Government, the Department or Agency may terminate this transaction for cause of default.
d. The prospective primary participant shall provide immediate written notice to the Department or Agency to whom this
agreement is submitted if any time the prospective primary participant learns that its certification was erroneous when
submitted or has become erroneous by reason of changed circumstances.
e. The terms "covered transaction," "debarred," "suspended," "ineligible." "lower tier covered transaction." "participant,"
"person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the
meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549, You may contact
the Department or Agency to which this agreement is submitted for assistance in obtaining a copy of those regulations.
f. The prospective primary participant agrees by submitting this agreement that. should the proposed covered
transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is
debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless
authorized by the Department or Agency entering into this transaction.
g. The prospective primary participant further agrees by submitting this agreement that it will include the clause titled
"Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction,"
provided by the Department or Agency entering into this covered transaction, without modification, in all lower tier covered
transactions and in all solicitations for lower tier covered transactions.
h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered
transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows
that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility
of its principals. Each participant may, but is not required to, check the nonprocurement portion of the "Lists of Parties
Excluded From Federal Procurement or Nonprocurement Programs" (Non procurement List) which is compiled by the
General Services Administration.
i. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to
render in good faith the certification required by this clause, The knowledge and information of participant are not required
to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
j. Except for transactions authorized under paragraph f of these instructions, if a participant in a covered transaction
knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily
excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the
Department or Agency may terminate this transaction for cause or default.
12.00 Restrictions, Prohibitions, Controls, and Labor Provisions:
12.01 Equal Employment Opportunity: In connection with the carrying out of any project, the Agency shall not
discriminate against any employee or applicant for employment because of race, age, religion, color, sex, national origin,
disability or marital status, The ,A,gency will take affirmative action to ensure that applicants are employed and that
employees are treated during employment without regard to their race, age, religion. color, gender, national origin.
disability or marital status,
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Such action shall include, but not be limited to, the following: employment upgrading, demotion or transfer: recruitment or
recruitment advertising; layoff or termination; rates of payor other forms of compensation; and selection fcr training.
including apprenticeship, The .A.gency shall insert the foregoing provision modified only to show the particular contractual
relationship in all its contracts in connection with the development of cperation of the project, except contracts for the
standard commercial supplies or raw materials, and shall require all such contractors to insert a similar provision in all
subcontracts, except subcontracts for standard commercial supplies or raw materials, When the project involves
installation, construction, demolition, removal, site improvement or similar work, the Agency shall post. in conspicuous
places available to employees and applicants for employment for project work, notices to be provided by the Cepartment
setting forth the provisions of the nondiscrimination clause.
12.02 Title VI - Civil Rights Act of 1964: The Agency will comply with all the requirements imposed by Title VI of the Civil
Rights Act of 1964 (42 U.S,C. 2000d), the Regulations of the Federal Department of Transportation issued thereunder,
and the assurance by the Agency pursuant thereto.
The Agency shall include provisions in all contracts with third parties that ensure compliance with Title VI of the Civil Rights
Act of 1964, 49 C.F.R. Part 21, and related statutes and regulations.
12.03 Americans with Disabilities Act of 1990 (ADA): The Agency will comply with all the requirements as imposed by
the ADA, the regulations of the Federal government issued thereunder, and assurance by the Agency pursuant thereto,
12.04 Debarment: Contractors who are currently suspended, debarred or voluntarily excluded under 49 C,F.R. Part 29 or
otherwise determined to be ineligible, shall be prohibited from participating in the Federal-aid highway program, (23 C.F.R.
635.110 (e))
12.05 Public Entity Crime: A person or affiliate who has been placed on the convicted vendor list following a conviction
for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity. may not
submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not
submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor. supplier,
subcontractor or consultant under a contract with any public entity, and may not transact business with any public entity in
exces'3 of the threshold amount provided in Section 287.017, Florida Statutes for CATEGORY TWO for a period of 36
months from the date of being placed on the convicted vendor list.
12.06 Prohibited Interests: Neither the Agency nor any of its contractors or their subcontractors shall enter into any
contract, subcontract or arrangement in connection with the project or any property included or planned to be included in
the project in which any member, officer or employee of the Agency or the locality during his tenure or for two years
thereafter has any interest, direct or indirect. If any such present or former member, officer or employee involuntarily
acquires or had acquired prior to the beginning of his tenure any such interest, and if such interest is immediately disclosed
to the Agency, the Agency with prior approval of the Department may waive the prohibition contained in this subsection,
. provided, that any such present member, officer or employee shall not participate in any action by the Agency or the
locality relating to such contract, subcontract. or arrangement.
The Agency shall insert in all contracts entered into in connection with the project or any property included or planned to be
included in any project, and shall require its contractors to insert in each of their subcontracts. the following provision:
"No member, officer or employee of the Agency or of the locality during his tenure or for two years thereafter shall have
any interest, direct or indirect, in this contract or the proceeds thereof."
The provisions of this subsection shall not be applicable to any agreement between the Agency and its fiscal depositories
or to any agreement for utility services the rates for which are fixed or controlled by a Governmental agency,
12.07 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the United States
shall be admitted to any share or part of the Agreement or any benefit arising therefrom.
13.00 Miscellaneous Provisions:
FGRM 525.010-40
CCNSiRUCTlGfII
CGC . 05/00
Page90t '1
13.01 Environmental Regulations: The Agency will be solely responsible for compliance with all applicable
environmental regulations and for any liability arising from non-compliance with these regulations and will reimburse the
Department for any loss incurred in connection therewith. The Agency will be responsible for securing any applicable
permits.
13.02 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any
party other than the Agency.
13.03 When Rights and Remedies Not Waived: In no event shall the making by the Department of any payment to the
Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then
exist on the part of the p..gency and the making of such payment by the Department, while any such breach or default shall
exist, shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or
default.
13,04 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invalid,
the remainder of this Agreement shall not be affected. In such an instance, the remainder would then continue to conform
to the terms and requirements of applicable law.
13.05 Bonus or Commission: By execution of the Agreement, the Agency represents that it has not paid and, also
agree.; not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing
hereunder.
13,06 State Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision
thereof, perform any other act or do any other thing in contravention of any applicable State law, provided, that if any of the
provisions of the Agreement violate any applicable State law, the Agency will at once notify the Department in writing in
order that appropriate changes and modifications may be made by the Department and the Agency to the end that the
Agency may proceed as soon as possible with the project.
13.07 Contractual Indemnity: To the extent permitted by law, the Agency shall indemnify, defend, save, and hold
harmless the Department and all its officers, agents and employees from any claim, loss, damage, cost, charge or
expense arising out of any act, error, omission or negligent act by the Agency, its officers, agents or employees during the
performance of the Agreement except that neither the Agency, its officers, agents or its employees will be liable under this
paragraph for any claim, loss damage, cost, charge or expense arising out of any act, error, omission or negligent act by
the Department or any of its officers, agents or employees during the performance of the Agreement.
The parties agree that this clause shall not waive the benefits or provisions of Chapter 768.28, Florida Statutes, or any
similar provision of law,
When the Department receives a notice of claim for damages that may have been caused by the Agency in the
performance of services required under this Agreement, the Department will immediately forward the claim to the Agency,
The Agency and the Department will evaluate the claim and report their findings to each other within 14 working days and
will jointly discuss options in defending the claim. After reviewing the claim, the Department will determine whether to
require the participation of the Agency in the defense of the claim or to require the Agency defend the Department in such
claim as described in this section. The Department's failure to promptly notify the Agency of a claim shall not act as a
waiver of any right herein to require the participation in or defense of the claim by the Agency, The Department and the
Agency will each pay its own expenses for the evaluation, settlement negotiations, and trial, if any. However, if only one
party participates in the defense of the claim at trial, that party is responsible for all expenses at trial.
13.08 Plans and Specifications: In the event that this Agreement involves constructing and equipping of facilities on the
State Highway System, the Agency shall submit to the Department for approval all appropriate plans and specifications
covering the project. The Department will review all plans and specifications and will issue to the Agency written approval
with any approved portions of the project and comments or recommendations covering any remainder of the project
deemed appropriate. After resolution of these comments and recommendations to the Department's satisfaction. the
Department will issue to the Agency written approval with said remainder of the project. Failure to obtain this written
approval shall be sufficient cause of nonpayment by the Department.
".
Fr:RM 5:5-010-40
C::tJs~~UCnCN
eGe . aSiCO
P'1qe tOot l'
13.09 Agency Certification: The Agency will certify in writing, prior to project closeout, that the projec: was completed in
accordance with applicable plans and specifications, is in place on the Agency facility, that adequate title is in the p.,gency.
and that the project is accepted by the Agency as suitable fcr the intended purpose,
13.10 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All words
used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include
all genders.
13.11 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two counterparts,
each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the
same instrument.
13.12 Restrictions on Lobbying:
Federal: The Agency agrees that no Federally appropriated funds have been paid, or will be paid by or on behalf of the
Agency, to any person for influencing or attempting to influence any officer or employee of any Federal agency. a Member
of Congress, an officer or employee of Congress or an employee of a Member of Congress in connection with the
awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract,
grant, loan or cooperative agreement.
If any funds other than Federally appropriated funds have been paid by the Agency to any person for influencing or
attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of
Congress or an employee of a Member of Congress in connection with this Agreement. the undersigned shall complete
and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructicns,
The Agency shall require that the language of this section be included in the award documents for all subawards at all tiers
(including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all
subrecipients shall certify and disclose accordingly.
State: No funds received pursuant to this contract may be expended for lobbying the Legislature or a State agency.
13.13 Maintenance: The Agency agrees to maintain any project not on the State system constructed under this
Agreement. If the Agency constructs any improvement on Department right-of-way, the Agency (i) will - will not
maintain the improvements made forlheir useful life, -.
13.14 Vendors Rights: Vendors (in this document identified as the Agency) providing goods and services to the
Department should be aware of the following time frames. Upon receipt, the Department has 5 working days to inspect
and approve the goods and services unless the bid specifications, purchase order or contract specifies otherwise, The
Department has 20 days to deliver a request for payment (voucher) to the Department of Banking and Finance. The 20
days are measured from the latter of the date the invoice is received or the goods or services are received, inspected. and
approved.
If a payment is not available within 40 days after receipt of the invoice and receipt, inspection, and approval of goods and
services, a separate interest penalty in accordance with Section 215.422(3)(b), Florida Statutes, will be due and payable, in
addition to the invcice amount to the Agency. Interest penalties of less than $1 will not be enforced unless the Agency
requests payment. Invoices which have to be returned to an Agency because of Agency preparation errors will result in a
delay in the payment. The invoice payment requirements do not start until a prcperly completed invoice is provided to the
Department.
A Vendor Ombudsman has been established within the Department of Banking and Finance. The duties of this individual
include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the
Department. The Vendor Ombudsman may be contacted at (850)410-9724 or by calling the State Comptroller's Hotline,
1-800-848-3792.
FCRM 5:1:5-010-40
CONSTRUCTION
ace . 05100
P3ge 11 at 11
IN WITNESS WHEREOF, the parties have caused these presents to be executed the day and year first above
written.
AGENCY
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
By:
By:
Title:
District Secretary
Attest:
By:
Title:
Executive Secretary
As to form:
As to form:
Attorney
District Attorney
See attached Encumbrance Form for date of funding approval by Comptroller.
APPROVED AS TO
rOR,~ & 1Ai'lGUAGE
2. fOR E<ECUTION
1I..1ftr!-
~ 11// (}?)
Dei:;
REcyc:..e:;) P..o-PER @
.
FCRM 525.010-40
<::::NSORUCTlON
CGO ' 05/CO
FIN NO. 24968715801
EXHIBIT "A"
Project Description and Responsibilities
This exhibit forms an integral part of that certain Reimbursment Agreement between the State of Florida Department of
Transportation and
..Ib..e..City of Miami Beach
Dated
PROJECT LOCATION:
SR A1A, Collins Ave., between Lincoln Road and 26th Street, Miami Beach
This project
This project
o is
(e', is
'-.,./
@ is not on the National Highway System.
o is not on the Slate Highway System.
PROJECT DESCRIPTION:
Roadway lighting, in substantial compliance with the plans prepared for FIN 24968715201 by FOOT for SPN 87060-3565,
Sheets L 1 thru L20
SPECIAL CONSIDERATION BY AGENCY:
All work to be done in accordance with FOOT Specifications and Federal Regulations and all construction contracts to be
,administered in accordance with FOOT Construction Project Administration Manual
SPECIAL CONSIDERATION BY DEPARTMENT:
Provide oversight to assure that all work is done per above and all contracts comply with Federal Regulations
;
-=CRM 525.C)10-40
CONSTRUCTlCN
OGe . OSICO
AGENCY NAME & BILLING ADDRESS
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL. 33139-1819
STATE OF FLORICA OE?ARTMENT OF TRANSPCRTATICN
LOCAL AGENCY PROGRAM
AGREEMENT
EXHIBIT "B"
Estimate of Funding
FIN NO,
!24968715801
i
I
I
PROJECT DESCRIPTION
Name
Collins Avenue Lighting
Length 1202,80 meters
Termini Lincoln Road to 26th St.
ESTIMATE OF FUNDING
TYPE OF WORK
(1)
TOTAL PROJECT
FUNDS
(2)
AGENCY FUNDS
(3) ·
STATE & FEDERAL
FUNDS
I
IP.E.
I
I
I Rig ht-of-Way
I
I
a. Agency Work
b. Other
c, Department Services
d. Total PE Cost Estimate (a+b+c)
e, Agency Work
f. Other
g. Department Services
h, Total PE Cost Estimate (e+f+g)
I Construction
I
I
!
,
I
i
I 446,144,35 i 446,144,35
I
I
I
I
446.144,35 I 446.144,35
I I
i. Contract
j, Other
k, Other
I. Other
m, Total Contract Costs (i+j+k+l)
Construction Engineering
n, Agency
0, Other
p. Department Forces
q. Total Construction Engineering (n+o+p)
66.921,65
66,921,65
66.921,65
513.066,00
66.921 ,65 i
513.066,00 .
513,066,00
r, Total Construction Cost Estimate (m+q)
s, TOTAL COST ESTIMATE OF THE
PROJECT (d+h+r)
513,066,00
.
FORM 525-0' 0-40
CONSTRUCTION
acc . 05100
EXHIBIT "RL"
Roadway Lighting System Maintenance Agreement
1.
a. The Agency shall, at it sole cost and expense, maintain the existing or about to be installed Roadway Lighting
System throughout its expected useful life.
b. In maintaining the Roadway Lighting System, the Agency shall perform all activities necessary to keep the
Roadway Lighting System fully and properly functioning at all times for its normal expected useful life in
accordance with the original design thereof, whether necessitated by normal wear and tear, accidental or
intentional damage or acts of nature. Said maintenance shall include, but shall not be limited to, routine inspection
and testing, preventative maintenance, emergency maintenance, replacement of any component parts of the
Roadway Lighting System (including the poles and any and all other component parts installed as part of the
Roadway Lighting System), and the locating of facilities as may be necessary.
c. All maintenance shall be in accordance with the provisions of the following:
(1) "Roadway and Roadside Maintenance" Procedure, Topic No. 850-000-015;
(2) "Manual of Uniform Traffic Control Devices and Safe Procedures for Streets and Highway Construction"; and
(3) All other applicable local, State or Federal laws, rules resolution or ordinances and Department procedures.
2. Operating Costs
In addition to the costs of maintaining the Roadway Lighting System, the Agency shall be responsible for all costs of
o\Jerating the Roadway Lighting System including, but not limited to, all costs of electrical power consumed by the
Roadway Lighting System and all other electrical charges.
3. Record Keeping
The Agency shall keep records of all activites performed and costs expended maintaining and operating the Roadway
Lighting System. The records shall be kept in such format as is approved by the Department.
4. Default
In the event that the Agency breaches any of the provisions above, then in addition to any other remedies which are
otherwise provided for in this Agreement, the Department may exercise one or more of the following options, provided
that at no time shall the Department be entitled to receive double recovery of damages:
a. Pursue a claim for damages suffered by the Department or the public;
b. Suspend or terminate the issuance of further permits to the Agency for the placement of facilities on
Department property if the breach is material and has not been cured within 60 days from written notice thereof
from the Department;
c. Pursue any other remedies legally available;
d. Perform any work with its own forces or through contractors and seek repayment for the cost thereof from the
Agency; and
e. Require the Agency to remove the Roadway Lighting System at the Agency's sole cost and expense,
I
RESOLUTION NO. 2000-23944
A RESOLUTION OF THE MAYOR AJ.'lD CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE BOTH A JOINT
PARTICIPATION MID REIMBURSEMENT AGREEMENT AND A LOCAL
AGENCY PROGR<\l'1 AGREEMENT \VITH THE FLORIDA DEP ARTl\oIENT
OF TR~SPORTATION, TRANSFERRING THE IMPLEMENTATION OF
A ROADWAY PROJECT AJ.'lD ITS LIGHTING COMPO~'ENT TO THE
CITY, ALONG WITH A COMBINED $2,568,676.61 IN STATE AND
FEDERAL FUNDS, FOR THE FINAL DESIGN, CONSTRUCTION, AND
CONSTRUCTION INSPECTION PHASES OF AlA/COLLINS AVENUE,
FROM 5TH STREET TO 15TH STREET; AND FURTHER
ACKl'lOWLEDGING THAT CITY FUNDS WILL BE APPROPRIATED FOR
THE PROJECT, IN THE RESPECTIVE FISCAL YEAR(S) THE FUNDS
WILL BE NEEDED, FOR SUBSEQUENT REIMBURSEMENT BY FDOT,
IN ACCORDANCE WITH THE PROVISIONS OF THE AGREEMENTS.
WHEREAS, the Florida Department of Transportation (FDOT) programmed a roadway
reconstruction project for AlA/Collins Avenue, from 5th to 15th Street (the Project); and
WHEREAS, the Project was supposed to be constructed in Fiscal Year 2000-01 and take
approximately fourteen (14) months to complete; and
WHEREAS, the City requested that major changes and additions be made to the Project
plans, to minimize impacts to and better serve the needs of the Art Deco Historic District; and
WHEREAS, the City also requested that the Project construction be rescheduled to Fiscal
Year 2002-03; and
WHEREAS, after negotiations between the City and FDOT, it was mutually agreed that, in
the best interest of all stakeholders and to ensure timely completion of the Project, the City should
assume the lead role in the design and implementation of same; and
WHEREAS, in order for the dedicated State and Federal funds to be transferred to the City
for the purposes of the Project, a Joint Participation and Reimbursement Agreement, and a Local
Agency Program Agreement for its lighting component, respectively, must be executed by the City
and FDOT, prior to June 30, 2000; and
WHEREAS, at future City Commission meetings, the City shall appropriate and advance
funds for the Project, in the respective fiscal year(s) the funds will be needed, for subsequent
reimbursements by FDOT; and
WHEREAS, such reimbursements shall be made by FDOT within forty (40) days of
receiving appropriate invoices from the City, for the Project.
&
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AJ.'lD CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission approve and authorize the Mayor and City Clerk to execute both a Joint Participation
and Reimbursement Agreement and a Local Agency Program Agreement with the Florida
Department of Transportation, transferring the implementation of a roadway project and its lighting
component to the City, along with a combined $2,568,676.61 in State and Federal funds, for the final
design, construction, and construction inspection phases of AlA/Collins Avenue, from 5th Street
to 15th Street; and further acknowledge that City funds will be appropriated for the project, in the
respective fiscal year(s) the funds will be needed, for subsequent reimbursement by FDOT, in
accordance with the provisions of the Agreements.
PASSED AND APPROVED this the 24th day of
May
,2000.
MAY"
ATTEST:
~d1CLlcr tf.Vdl..--
CITY CLERK
APPROVED I>S TO
FOm & L"'NGlJ.A.GE
& FOR EXECUTION
".pt....'f\SAU.'.U4E1J,A- LOI'!3\l1'LU.". WPO
~1y~!! -
s;e~1 OV
~
.
.
. ,
May 24, 2000
Commission lvfemorandum
JPRAfor Collins Avenue Project, 5th to 15th Streets
Page 2
<) That new traffic signals be installed at the intersections of Collins Avenue at 7th Street and
13th Street, due to the presence of public parking garages and intense pedestrian activity.
o That special lighting be installed, reflective of the historic district's character.
o That the project incorporate the limited one-way scheme developed by the City for the
crossing streets, and maximize on-street parking opportunities.
o That project implementation be rescheduled to Fiscal Year 2002-03, or to the City's
convemence,
In order to incorporate these substantial changes to the original project, the final design/engineering
plans for the southern segment of Collins Avenue will have to be returned to the 30% completion
level (from the present 65%). After negotiations by City and FDOT, it was mutually agreed that, in
the best interest of all stakeholders and to ensure timely completion of the project, the City assume
the lead role in the design and implementation of the modified project for Collins Avenue, from 5th
to 15th Streets. The City would construct this project in FY 2002-03, after the Collins Avenue
project from Lincoln Road to 26th Street is completed,
State and Federal funds, in the total amount of $2,568,676.61 million, are programmed in the
Miami-Dade Transportation Improvement Program (TIP) for construction in FY 1999-2000. In
order for the City to take over the implementation of this project, the funding agencies require that
both a Joint Participation and Reimbursement Agreement (JPRA) for the milling and repaving
project, and its companion Local Agency Program Agreement for the lighting project, be executed
by the City and FDOT prior to June 30, 2000, the end of the County's fiscal year. Both Agreements
are attached hereto for your review,
At the appropriate time, at future Commission meetings, City funds must be appropriated to cover
the costs associated with the preparation of final design/engineering plans and construction
documents, as well as for construction and construction inspection of this roadway project, for
subsequent reimbursement by FDOT, under the provisions of the Agreements.
For all the reasons above-listed, it is in the best interest of the City to execute both Agreements with
FDOT for the Collins Avenue project, from 5th to 15th Street; therefore, the Administration
recommends approval of the Resolution.
L~~
':'~"'L\LLAMEUA LU!'F.JIlrILY.I'. WftI
.
'.
DESIGN AND CONSTRUCTION COST
ACTIVITY DESCRIPTION
STATE FUNDS
Signing/Marking Plans
$1,379,027,05
$101,530,87
Roadway/MOT (180 days)
Lighting
PAID FOR UNDER LAP AGREEMENT
Signalization
$86,044,20
$6,120.00
Landscaping
SUBTOTAL $1,572,722.12
CEI COST 15% OF CONSTRUCTION COST $235,908.32
Public Involvement Cost $150,000,00
TOTAL COST ~1.958.630.44
TOTAL CONSTRUCTION COST $1.958.630.44
DESIGN COST
Revised Design & Public Involvement
$193,982.00
Design & Public Involvement Contingency
$56,018,00
TOTAL STATE FUNDS (Construction & Design)= $2,208,630.44
GRAND TOTAL
(Construction Cost + Design Cost) =
$2.208.630.44
Lighting (Construction & CEI Under LAP Agreement)= $513.065.00
Composite
Exhibit "8"
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