2009-27169 ResoRESOLUTION NO. 2009-27169
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 AN AGREEMENT WITH BERMELLO
AJAMIL & PARTNERS, INC., FOR PROFESSIONAL CONSTRUCTION
ENGINEERING AND INSPECTION (CEI) SERVICES FOR THE FLORIDA
DEPARTMENT OF TRANSPORTATION (FDOT) WORK INCLUDED IN THE
WATER MAINS AND SANITARY SEWER MAINS, AND MILLING AND
RESURFACING IMPROVEMENTS ALONG INDIAN CREEK DRIVE,
BETWEEN 26T" AND 41ST STREETS, PURSUANT TO REQUEST FOR
QUALIFICATIONS NO. 03-08/09, IN THE AMOUNT OF $129,942.74, TO BE
FULLY FUNDED BY FDOT PURSUANT TO A JOINT PARTICIPATION
AGREEMENT (JPA) BETWEEN THE CITY AND FDOT (AND APPROVED AND
EXECUTED PER RESOLUTION NO. 2007-26694).
WHEREAS, on December 10, 2008, the Mayor and City Commission approved the
issuance of Request for Qualifications (RFQ) No. 03-08/09, for Professional Construction
Engineering Inspection (CEI) Services of the water mains, sanitary sewer mains, and milling
and resurfacing improvements along Indian Creek Drive, between 26th and 41St Streets (the
"RFQ"); and
WHEREAS, on March 18, 2009, the City Commission approved Resolution No. 2009-
27035, authorizing the Administration to negotiate with the top-ranked firm, Parsons
Brinckerhoff, Inc.; and
WHEREAS, the Administration was unable to reach successful negotiations with said
firm; as provided under Resolution No. 2009-27035, the Administration terminated negotiations
with Parsons Brinckerhoff, Inc. and initiated negotiations with the second ranked firm, Bermello,
Ajamil & Partners, Inc.; and
WHEREAS, the Administration has successfully negotiated an agreement with Bermello,
Ajmail & Partners, Inc., in the amount of $129,942.74.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby
approve and authorize the Mayor and City Clerk to execute an agreement with Bermello
Ajamil & Partners, Inc., for Construction Engineering and Inspection (CEI) Services for the
Florida Department of Transportation (FDOT) work included in the water mains and sanitary
sewer mains, and milling and resurfacing improvements along Indian Creek Drive, between
26th and 41St Streets; pursuant to Request for Qualifications No. 03-08/09, in the amount of
$129,942.74, to be fully funded by FDOT pursuant to a Joint Participation Agreement (JPA)
between the City and FDOT (and executed per Resolution No. 2007-26694).
PASSED AND ADOPTED THIS 9th DAY OFSeptember 2009.
ATTEST:
~D~„ I , , , ~- Y~ C / _ APPROVED AS TO
V~'~ "`'"` ~u-~~- FORM & LANGUAGE
CITY CLERK M YOR & FOR CUTION
Robert Parcher Matti Herrera Bower
T:\AGENDA\2009\September 9\Consent\Indian Creek Bermello Ajamil CEI Servi s Reso. '7 ~ ~q
mey,~ r ats
COMMISSION ITEM SUMMARY
CnndpnsPd Title
A Resolution Accepting The Recommendation Of The City Manager Pursuant To Request For Qualifications (RFQ)
No. 03-08/09, For Professional Construction Engineering Inspection (CEI) Services For The FDOT Milling And
Resurfacing Improvements Included In The Water Mains, Sanitary Sewer Mains, And Milling And Resurfacing
Improvements Along Indian Creek Drive Between 26th And 41St Streets; And Authorizing The Administration To
Execute The Agreement With The Firm Of Bermello Ajamil & Partners, Inc.
Key Intended Outcome Supported:
Ensure well-maintained infrastructure.
Supporting Data (Surveys, Environmental Scan, etc.): Survey indicates that 42% of residents rated storm
drainage as excellent or good; 26% rated it as poor.
Issue:
Shall the Ci Commission a rove the Cit Mana er's recommendation?
Item Summa ~rcecommenaation:
On December 10, 2008, the Mayor and City Commission approved the issuance of Request for Qualifications (RFQ)
No. 03-08/09, for Professional Construction Engineering Inspections (CEI) Services of the water mains, sanitary
sewer mains, and milling and resurfacing improvements along Indian Creek Drive between 26`h and 41S` Streets (the
"RFQ").
On March 18 2009, the City Commission accepted the recommendation of the City Manager to enter into negotiations
with the top-ranked firm Parsons Brinkerhoff Americas, with the permission to further negotiate with the top-second
and third ranked firms -Bermello Ajamil & Partners and GBF Engineering respectfully in the event the Administration
was unable to reach successful negotiations with Parsons Brinckerhoff.
Given the aggressive timelines at hand, the Public Works Department formulated with the Capital Improvements
Project Office a way for CIP toprovide in-house CEI services for the City portion of the work, while proceeding with a
separate CEI contract for the FDOT work, pursuant to FDOT JPA guidelines.
The administrative cost of providing the CEI services internally was estimated at approximately 4.8% of the
construction cost or $140,386.82, approximately $273,613.18 less than retaining the outside services of a CEI firm.
Having resolved the construction oversight of the City's portion of the work (water and sewer), the City then went on
to negotiate the FDOT required CEI services in accordance with the JPA, with the top ranked firm, Parsons
Brinckerhoff. Following several attempts, the City was unable to reach successful negotiations with said firm. The final
negotiated price was $149,721.17, which was over and above the amount of $136,000.00 granted by FDOT under the
JPA agreement with the City. The Ciry then had to terminate negotiations with Parsons Brinckerhoff, and move to the
second highest ranked firm Bermello, Ajamil & Partners, Inc.
The City subsequently requested a proposal from Bermello, Ajamil & Partners, Inc., the second-ranked firm. Said
proposal was discussed and successfully negotiated to an amount of $129,942.74; which was below the FDOT CEI
allocation of $136,000. The FDOT reviewed the proposal submitted by Bermello, Ajamil and Partners, Inc. and
agreed to total fee and hourly rates.
THE ADMINISTRATION RECOMMENDS ACCEPTING THE CITY MANAGER'S RECOMMENDATION.
Adviso Board Recommendation:
Ca ital Im rovement Pro'ects Oversi ht Committee recommended a royal on Au ust 31, 2009.
Financial Information:
Source of
Funds:
OBPI
Financial Impact
Amount
1 $136,000
2
3
4
Total $136,000
Summary:
Account
303-2521-061357
Cit Clerk's Office Le islative Trackin
Fernando Vaz uez, Ext: 6399
Sign-Offs: /~ ~ i n _
De a ent Direct r As stn it M Cit na er
GL FHB TH PDW J
T:\AGENDA~9\September 9\Cb6eltfxft\Indian Creek Bermellol~jlhiil CEI Services SUM .doc ~ \ /
~, A ~ A ~ ~ ~ C A ~ ~ Agenda Item C ? O
1 V 1 ~"'1 [/y Date 9-9~d 9
m MIAMIBEACH
City of Miami Beath, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City C mmission
FROM: Jorge M. Gonzalez, City Manage
DATE: September 9, 2009
SUBJECT: 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 THE AGREEMENT WITH THE
FIRM OF BERMELLO AJAMIL ~ PARTNERS, INC. FOR PROFESSIONAL
CONSTRUCTION ENGINEERING AND INSPECTION (CEI) SERVICES FOR
THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) WORK
INCLUDED IN THE WATER MAINS AND SANITARY SEWER MAINS, AND
MILLING AND RESURFACING IMPROVEMENTS ALONG INDIAN CREEK
DRIVE BETWEEN 26T" AND 41ST STREETS; PURSUANT TO REQUEST
FOR QUALIFICATIONS 03-08/09 IN THE AMOUNT OF $129,942.74 TO BE
FULLY FUNDED BY FDOT PURSUANT TO A JOINT PARTICIPATION
AGREEMENT (JPA) BETWEEN THE CITY OF MIAMI BEACH AND FDOT
AND SUBSEQUENTLY EXECUTED PER RESOLUTION 2007-266940
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
PROJECT BACKGROUND
Indian Creek Drive (SR AIA) is a Federal classified Principal Urban Arterial, which falls under
the jurisdiction of FDOT. Improvements along SR A1A are projects in the Metropolitan Planning
Organization (MPO) 2008-12 Transportation Improvement Plan (TIP). The project scope of work
consists of milling and resurfacing of the road and City requested streetscape enhancement in
all intersections between 26th and 41St Streets. The project also includes pavement markings,
signage, construction of bulb-outs at the intersections and minor landscaping.
Concurrently, the City is moving ahead with water distribution and sanitary sewer system
replacements and upgrades along SR A1A to meet the level of service requirements for both
utilities as dictated in the City's Comprehensive Plan. The tasks related to identify, define,
develop, design and procure the under-grounding portion of this project were all conducted in-
house at a substantially lesser cost to the City than if it would have been procured to an outside
Engineering firm.
In the interest of minimizing construction impacts as well as conducting both projects in a
consolidated timeline, the City determined that it would be in the best interest of the public if
both projects would be built simultaneously under the direction of one contractor, as opposed to
having separate contracts, different contractors and separate timelines. The same approach
would be applied to the engineering inspection services, for which under FDOT guidelines, is a
requirement. The City would then capitalize on this to provide a unified approach to the overall
inspection and construction compliance of this project.
Commission Memorandum -RFQ-03-08/09,
September 09, 2009
Page 2 of 3
On December 10, 2008, the Mayor and City Commission approved the issuance of Request for
Qualifications (RFQ) No. 03-08/09, for Professional Construction Engineering Inspection (CEI)
Services of the water mains, sanitary sewer mains, and milling and resurfacing improvements
along Indian Creek Drive between 26th and 41St Streets (the "RFQ").
On December 16, 2008, the RFQ was issued with an opening date of January 15, 2009;
fourteen (14) proposals were received.
On February 18, 2009, the City Manager's appointed Evaluation Committee interviewed the
seven (7) top-ranked firms. Based on the scores and rankings of the Evaluation Committee,
Parsons Brinckerhoff Americas (PB Americas) was selected as the top-ranked firm, Bermello
Ajamil, as the second-ranked and GBF Engineering as the third ranked firm based on the
highest number of total points.
On March 18 2009, the City Commission accepted the recommendation of the City Manager to
enter into negotiations with the top-ranked firm PB Americas, with the permission to further
negotiate with the top-second and third ranked firms -Bermello Ajamil & Partners and GBF
Engineering respectfully in the event the Administration was unable to reach successful
negotiations with Parsons Brinckerhoff.
CONTRACT NEGOTIATIONS
Pursuant to the City Commission's recommendation, City staff proceeded to negotiate with the
top-ranked firm. The City Manager assigned Emanuel Mayer, Special Assistant to the City
Manager and Fernando A. Vazquez, P.E., City Engineer to spearhead the negotiations with PB
Americas.
Initially two negotiation meetings were held with PB Americas that took into consideration to
provide CEI services for the entire project, which included the City's portion of the work (water
and sewer) as well as the FDOT required supervision of the Milling and Resurfacing component.
During the course of those negotiations, the Administration was able to negotiate down PB
Americas first proposal of $806,066.49 by $256,066.49 to a final amount of $550,000.00. It is
important to underline that the FDOT contribution to the CEI services for the milling and
resurfacing component is $136,000, therefore requiring that the City fund the difference of
$414,000 for construction oversight of the water and sewer component.
On May 4, 2009, City staff presented the negotiated value to the Capital Improvements Projects
Oversight Committee (CIPOC). Some members of the Committee expressed concerns as to
how the CEI would assume risk for their project oversight in the event the construction went
longer than expected. The Committee requested that staff seek to assert the $550,000
negotiated number as a lump sum price, which took into account the risk associated to any
potential schedule overruns resulting from the contractor.
Staff subsequently evaluated the Committee's request to negotiate $550,000, as a lump sum
and also incorporate all risks associated to the contract performance, but was unsuccessful in
reaching a method to absorb all risks without having to restructure the entire bid process and
subsequently modify the structure of the contract to an "At-Risk" condition, which in turn would
have warranted a full re-bid of the CEI services.
Given the aggressive timelines at hand, the Public Works Department formulated with the
Capital Improvements Projects Office (CIP) a way for CIP to provide in-house CEI services for
the City portion of the work (water mains and sanitary sewer mains replacement), while
proceeding with a separate CEI contract for the FDOT work, pursuant to FDOT JPA guidelines.
Commission Memorandum - RFQ-03-08/09,
September 09, 2009
Page 3 of 3
The administrative cost of providing the CEI services internally was estimated at approximately
4.8% of the construction cost or $140,386.82, approximately $273,613.18 less than retaining the
outside services of a CEI firm. Through this process, the City could have an additional reduction
in cost; however, it would need to coordinate the work more closely with the FDOT CEI. Staff
believes these two separate construction oversights can be managed appropriately, while
achieving a significant reduction of $273,613.18.
CEI Negotiations for the FDOT Component
Pursuant to section 2-c of the Joint Participation Agreement (JPA) between the City of Miami
Beach and the Florida Department of Transportation (FDOT) (see Attachment A), the City shall
advertise for bid and let the consultant and construction contracts administer, supervise, and
inspect all aspects of their portion of the project. The City is then required to retain the services
of a CEI, which will supervise the Milling and Resurfacing component. FDOT has allocated
$136,000 for such services.
Having resolved the construction oversight of the City's portion of the work (water and sewer),
the City then went on to negotiate the FDOT required CEI services in accordance with the JPA,
with the top ranked firm, Parsons Brinckerhoff. Following several attempts, the City was unable
to reach successful negotiations with said firm. The final negotiated price was $149,721.17,
which was over and above the amount of $136,000.00 granted by FDOT under the JPA
agreement with the City. The City then had to terminate negotiations with Parsons Brinckerhoff,
and move to the second highest ranked firm Bermello, Ajamil & Partners, Inc.
The City subsequently requested a proposal from Bermello, Ajamil & Partners, Inc., the second-
ranked firm. Said proposal was discussed and successfully negotiated to an amount of
$129,942.74; which was below the FDOT CEI allocation of $136,000. The FDOT reviewed the
proposal submitted by Bermello, Ajamil and Partners, Inc. and agreed to a total fee and hourly
rates. The Special Assistant to the City Manager has also reviewed said proposal and has
agreed with the prices proposed by Bermello, Ajamil, and Partners. The Services Agreement
with the proposed fees is being submitted as part of this package. See Attachment B.
The revised proposal for CEI services with Bermello, Ajamil and Partners was presented to the
CIPOC at their August 31, 2009 meeting and was ultimately accepted and recommended to the
City Commission.
In summary, the Construction Engineering and Inspection services provided by the CIP Office
and the CEI will enable both the City and FDOT to efficiently and effectively accomplish
common objectives for the effective construction oversight of this critical facility as well as the
compliance, and certification of the overall Indian Creek improvements from 26t" to 41St Street.
The Indian Creek Drive enhancements will result in a more pleasant experience in the
Oceanfront Neighborhood for drivers and pedestrians alike and will provide residents with
upgraded and more reliable water and sewer infrastructure.
CONCLUSION
The Administration recommends adopting the resolution.
Attachments:
A: Joint Participation Agreement (JPA)
B: Bermello, Ajamil and Partners, Inc. Service Agreement and Cost Proposal
JMG\TH\FHB\FV
T:WGENDA\2009\September 9\Consent\Indian Creek Bermello Ajamil CEI Memo.doc
Attachment A
~ Contract Number:
CSFA Number: 55.023
JOINT PARTICIPATION AGREEMENT
' BETWEEN
t STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
Alva
THE CITY OF MIAMI BEACH
THIS AGREEMENT is made and entered into this 31 day of D C~~~r' >
20~, between the State of Florida Department of Transportation, a component agency of the
' State of Florida, hereinafter referred to as the `DEPARTMENT', and the' City of Miami Beach, a
municipal corporation of the State of Florida, hereinafter referred to as the `CITY'.
RECITALS:
WHEREAS, the DEPARTMENT has jurisdiction over and maintains the State Road
(SR) AlA corridor (Indian Creek Drive) in the City of Miami Beach; and
WHEREAS, the DEPARTMENT has drafted design plans for the construction of
roadway improvements on SR AlA southbound from 41S` Street to 26t'' Street, hereinafter
referred to as the `PR03ECT', the individual elements of which are outlined in the attached
Exhibit "A", `Scope of Services', which is herein incorporated by reference; and
WHEREAS, the DEPARTMENT has programmed funding for the PROJECT under
Financial Project Numbers 414641-1-58-O1 and 414641-1-68-01, and has agreed to reimburse
the CITY for eligible PR03ECT costs up to a maximum limiting amount, as outlined in the
attached Exhibit "B", `Financial Summary', which is herein incorporated by reference; and
WHEREAS, the CITY has agreed to supervise and inspect all aspects of PROJECT
construction and administration; and
WHEREAS, the parties hereto mutually recognize the need for entering into an
Agreement designating and setting forth the responsibilities of each party; and
WHEREAS, the parties are authorized to enter into this Agreement pursuant to Section
339.08(e) and 339.12, Florida Statutes;
NOW, THEREFORE, in consideration of the premises, the mutual covenants and other
valuable considerations contained herein, the receipt and sufficiency of which are hereby
acknowledged, the parties agree as follows:
Page 1 of 13
Joint Participation Agreement Letween the Florida Department ojTransportatian and the City of Miami Beach,
Financial Project Numbers #1414641-1-58-t71, and 414641-1-ti8-01
1. INCORPORATION OF RECITALS
The foregoing recitals are true and correct and are incorporated into the body of
this Agreement, as if fully set forth herein.
2. GENERAL REQUIREMENTS
a. The CITY shall submit this Agreement to its City Commission for ratification
or approval by resolution. A copy of said resolution is attached hereto as
Exhibit "C", `Resolution', and is herein incorporated by reference.
b. The CITY shall obtain all necessary permits from the DEPARTMENT, and
other concerned agencies, as needed, prior to commencing PROJECT
construction on DEPARTMENT right-of--way.
The CITY shall advertise for bid, let the consultant and construction contracts,
administer, supervise and inspect all aspects of PROJECT construction until
completion, and, as fiu~ther defined in Exhibit "A", `Scope of Services'. The
CITY shall complete the PROJECT on or before June 30, 2010. All aspects of
PROJECT construction and administration are subject to DEPARTMENT
standards and specifications and must be in compliance with all governing
laws and ordinances.
d. 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 thereto, with any third party with
respect to the PROJECT without the prior written approval of the
DEPARTMENT. The DEPARTMENT specifically reserves the right to
review qualifications of any consultant or contractor and to approve of
disapprove CITY employment of same.
e. The DEPARTMENT shall reimburse the CITY for eligible PROJECT costs as
defined in Exhibit "B", `Financial Summary', and in accordance with the
financial provisions in Section 3 of this Agreement.
3. FINANCIAL PROVISIONS
a. Eligible PROJECT costs may not exceed ONE MILLION FNE HUNDRED
ONE THOUSAND DOLLARS ($1,501,000.00), as outlined in Exhibit "B",
`Financial Summary'. If additional funding is required, contingent upon
DEPARTMENT approval, a supplemental agreement between the
DEPARTMENT and the CITY authorizing the additional funding shall be
executed prior to such costs being incurred.
Page 2 of 13
Joint Participation Agreement between the Florida Department ojTransportation and the City of Miami Beach,
Financial Project Numbers # 414641-1-58-01, and 414691-I-68-O1
b. The DEPARTMENT agrees to pay the CITY for the herein described services
at a compensation as detailed in this Agreement.
c. Payment shall be made only after receipt and approval of goods and services
unless advance payments are authorized by the Department's Comptroller
under Section 334.044(29), Florida Statutes, or by the Department of
Financial Services under Section 215.422(14), Florida Statutes.
d. Bills for fees or other compensation for services or expenses shall be
submitted in detail sufficient for a proper preaudit and postaudit thereof.
e. Travel costs will not be reimbursed.
f. Records of costs incurred under the 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
CTTY's general accounting records and the project records, together with
supporting documents and records, of the contractor and all subcontractors
performing work on the project, and all other records of the contractor and
subcontractors considered necessary by the DEPARTMENT for a proper audit
of costs.
g. In the event this contract is for services in excess of $25,000.00 and a term for
a period of more than 1 year, the provisions of Section 339.135(6)(a), Florida
Statutes, are hereby incorporated:
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 such 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 1 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
fiscal years; and this paragraph shall be incorporated verbatim in all contracts
of the DEPARTMENT which are for an amount in excess of TWENTY FIVE
THOUSAND DOLLARS ($25,000.00) and which have a term for a period of
more than 1 year.
h. The DEPARTMEI~TT's obligation to pay is contingent upon an annual
appropriation by the Florida Legislature.
Page 3 of 13
Joint Parlicipatian Agreement between the Florida Department oJTransporlation and the City of Miami Beach,
Finoncial Project Numbers ~ 414641-1-58-D/, and 414641-1-68-01
4. INDEMNIFICATION
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 party 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, nor
shall this Section be construed to require either party to indemnify the other for
the negligent acts of the other.
S. GOVERNING LAW
This Agreement shall be governed and construed in accordance with the laws of
the State of Florida.
6. AMENDMENT
This Agreement may be amended by mutual agreement of the DEPARTMENT
and the CITY expressed in writing, executed and delivered by each party.
7. INVALIDITY
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 applicable law.
8. COMML7NICATIONS
a. All notices, requests, demands, consents, approvals and other communications
which are required to be served or given hereunder, shall be in writing and
hand-delivered or sent by either registered or certified U.S. mail, return receipt
requested, postage prepaid, addressed to the party to receive such notices as
follows:
To DEPr~RTMENT: Florida Department of Transportation
1000 Northwest 111 Avenue, Room 6137
Miami, Florida 33172-5$00
Attn: Kenneth Robertson, JPA Coordinator
Ph: (305} 470-5452; Fax: (305) 470-5552
Page 4 of 13
Joint Participation Agreement between the Florida Department of Transportation and the City of Miami Beach,
Financial Project Nambers #414641-1-58-01, and 414641-I-68-01
To CITY: City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Atlas: Fernanda Vazquez, City Engineer
Ph: (305) 673-7080; Fax: (305) 673-7028
b. 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.
9. EXPIRATION OF AGREEMENT
The CITY agrees to complete the PROJECT on or before June 30, 2010. If the
CITY does not complete the PROJECT within this time period, this Agreement
will expire unless an extension of the time period is requested by the CITY and
granted in writing by the DEPARTMENT'S District Six Secretary or Designee.
Expiration of this Agreement will be considered termination of the PROJECT.
10. FINAL INVOICE
The CITY must submit the final invoice on this PROJECT to the DEPARTMENT
within 120 days after the expiration of this Agreement. Invoices submitted after
October 28, 2010, will not be paid.
11. AUDITS
State of Florida Single Audit Act requirements as outlined in the attached Exhibit
"D", `Audit Reports', are incorporated herein by reference.
12: ENTIRE AGREEMENT
This 3oint Participation Agreement is the entire Agreement between the parties
hereto, and it may be modified or amended only by mutual consent of the parties
in writing.
-- REMAINDER OF PAGE INTENTIONALLY LEFT BLANK --
Page S of 13
Joint Participation Agreement between the Florida Department ajTransportation and the City ojMiami Beach,
Financial Project Numbers 11414641-1-58-01, and 414641-1-68-01
IN WITNESS WHEREOF, the parties hereto have executed this Agreement, on the day
and year above written.
CITY OF/JMIAIyiI BLEACH STATE OF FLORIDA, DEPARTMENT
i~~i !/~~11, lI OF TRANSPORTATION:
DERMER, MAYOR /DISTRICT SECRETARY
ATTEST: ATTEST: ~!. ~c~ ~',~
(SEAL) %~UTIV£ SEC TARP
(SEAL) CITY CLERK
RdBERT PARCHER
LEGAL REVIEW:
DISTRICT GENERAL CO NSEL
APPROVED AS TO
FORM ~ LANGUAGE
FO CEITION
~ p zZ D7
~ t~
Page 6 of 13
Joint Participation Agreement between the Florida Department of Transporlation and the City ofMiami Beach,
Financial Project Numbers # 414641-1-58-O1, and 414641-1-6B-01
EXIIIBIT "A"
SCOPE OF SERVICES
To construct roadway improvements in accordance with and as detailed in the attached
PROJECT plans along the SR AlA southbound corridor within the below-identified PROJECT
Limits. The DEPARTMENT will provide the CITY with the signed and sealed construction
plans. The CITY will let, supervise and inspect all aspects of PROJECT construction and
administration.
PROJECT Limits: SR AlA/Indian Creek Drive, southbound, from 4151 Street to 26"' Street
FDOT Financial Project Numbers: 414641-1-58-O1 and 414641-1-68-01
County: Miami-Dade
FDOT Project Manager: Ana Arvelo, P.E.
CITY Project Manager: Fernando Vazquez, P.E.
PLANS AND SPECIFICATIONS
The CITY agrees to construct the PROJECT using acompetitively-bid contractor in accordance
with the signed and sealed plans and specifications, attached hereto and incorporated herein by
reference.
Please see attached plans prepared by: Corradino Group
Dated:
Page 7 of 13
Joint Participation Agreement between the Florida Department of Transportation and the City of Miami Beach,
Financial Project Numbers # 414641-1-58-01, and 414641-/-G8-DI
EXHIBIT "B"
FINANCIAL SUMMARY
Estimated PROJECT costs for reimbursement are below-listed, separated by phase of work:
Financial Project Number 414641-1-58-O1
PROJECT Construction:
$1,365,000.00
Financial Project Number 414641-1-68-01
PROJECT Construction Engineering and Inspection (CEI) services: + $136.000.00
Total PROJECT Cost Estimate: $1,501,000.00
Page 8 of 13
Joint Participation Agreement between the Florida Department ojTransportation and the Ciry ojMianai Beach,
Financial Project Numbers # 414641-1-58-D1, and 414641-I-68-01
EXIIIBIT "C"
RESOLUTION
To be herein incorporated once approved by the CITY Commission.
Page 9 of 13
Joint Participation Agreement between the Florida Department of Transportation and the City of Miami Beach,
Financiai Project Numbers # 414641-1-58-01, and 414641-1-G8-Dl
EXHIBIT "D"
AUDIT REPORTS
The administration of resources awarded by the Department to the CITY OF MIAMI BEACH may be subject to audits
and/or monitoring by the Department, as described in this section. For further guidance, see the Executive Office of
the Governor website, which can be found at: www.fssa.state.fl.us .
M01~1ITORING
In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., as
revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by
Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By
entering into this agreement, the recipient agrees to comply and cooperate fully with any monitoring
procedures/processes deemed appropriate by the Department. In the event the Department determines that a linuted
scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by
the Department staff to the CITY OF MIAMI BEACH regarding such audit. The CITY OF MIAMI BEACH further
agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief
Financial Officer {CFO) or Auditor General.
AUDITS
PART I: FEDERALLY FUNDED
Recipients of federal funds (i.e. state, local government, or non-profit organizations as defined in OMB Circular A-
133, as revised) are to have audits done annually using the following criteria:
1. In the event that the recipient expends $300,000 ($500,000 for fiscal years ending after December 31, 2003)
or more in Federal awards in its fiscal year, the recipient must have a single or program-specific audit
conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 1 to this
agreement indicates Federal resources awarded through the Department by this agreement. In determining
the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards,
including Federal resources received from the Department. The determination of amounts of Federal awards
expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An
audit of the recipient conducted by the Auditor General in accordance with the provisions OMB Circular A-
133, as revised, will meet the requirements of this part.
2. In connection with the audit requirements addressed in Part I, paragraph 1., the recipient shall fulfill the
requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised.
If the recipient expends less than $300,000 ($500,000 for fiscal years ending after December 31, 2003) in
Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-
133, as revised, is not required. In the event that the recipient expends less than $300,000 ($500,000 for fiscal
years ending after December 31, 2003) in Federal awards in its fiscal year and elects to have an audit
conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be
paid from non-Federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained
from other than Federal entities).
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.
Page 10 of 13
Jaint Participation Agreement between the Florida Departmen[ of Transportation and the Ciq~ of Miami Beach,
Financial Project Numbers # 414641-1-58-01, and 414641-1-68-01
PART II: STATE FUNDED
Recipients of state funds (i.e. a nonstate entity as defined by Section 215.97(2)(1), Florida Statutes) are to have audits
done annually using the following criteria:
1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of
$300,000 ($500,000 for fiscal years ending on September 30, 2004, and thereafter) in any fiscal year of such
recipient, the recipient must have a State single or project-specific audit for such fiscal year in accordance with
Section 215.97, Florida Statutes; applicable rules of the Executive Office of the Governor and the CFO; and
Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the
Auditor General. EXHIBIT 1 to this agreement indicates state financial assistance awarded through the
Department by this agreement. In determining the state financial assistance expended in its fiscal year, the
recipient shall consider all sources of state financial assistance, including state financial assistance received
from the Department, other state agencies, and other nonstate entities. State financial assistance does not
include Federal duect or pass-through awards and resources received by a nonstate entity for Federal program
matching requirements.
2. In connection with the audit requirements addressed in Part II, paragraph 1, the recipient shall ensure that the
audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a
financial reporting package as defined by Section 215.97(2)(d), Florida Statutes, and Chapters 10.550 (local
governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General.
3. If the recipient expends less than $300,000 in state financial assistance in its fiscal year ($500,000 for fiscal
years ending on September 30, 2004, and thereafter), an audit conducted in accordance with the provisions of
Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $300,000
($500,000) in state financial assistance in its fiscal year and elects to have an audit conducted in accordance
with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the nonstate
entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other
than State entities).
4. State awards are to be identified using the Catalog of State Financial Assistance (CSFA) title and number,
award number and year, and name of the state agency awarding it.
PART III: OTHER AUDIT REQUIItEMENTS
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 findings is required.
Current year audit findings require corrective action and status of findings.
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 recozds and audit work papers shall be given to the FDOT, the
Comptroller, and the Auditor General. This section does not limit the authority of the Department to conduct or
arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of
any other state official.
Page 11 of 13
Join! Pnrticipation Agreement between Jhe Floridn Department ojTransponation and the City of Miami Beaclr,
Financial ProjeclNumbers #414641-I-58-O1, and 414641-I-68-01
PART IV: REPORT SUBMISSION
Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and
required by PART I of this agreement shall be submitted, when required by Section .320 (d),'OMB Circular A-
133, as revised, by or on behalf of the recipient directly to each of the following:
A. The Department at each of the following addresses:
Florida Department of Transportation
1000 Northwest 111 Avenue
Miami, Florida 33172
B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies
required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the
Federal Audit Clearinghouse), at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10'" Street
3effersonville, IN 47132
C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB
Circular A-133, as revised.
2. In the event that a copy of the reporting package for an audit required by PART I of this agreement and
conducted in accordance with OMB Circular A-133, as revised, is not required to be submitted to the
Department for reasons pursuant to section .320 (e)(2), OMB Circular A-133, as revised, the recipient shall
submit the required written notification pursuant to Section .320 (e)(2} and a copy of the recipient's audited
schedule of expenditures of Federal awards directl to each of the following:
Florida Department of Transportation
1000 Northwest 111 Avenue
Miami, Florida 33172
In addition, pursuant to Section .320 (f), OMB Circular A-133, as revised, the recipient shall submit a copy of
the reporting package described in Section .320 (c), OMB Circular A-133, as revised, and any management
letters issued by the auditor, to the Department at each of the following addresses:
Florida Department of Transportation
1000 Northwest 111 Avenue
Miami, Florida 33172
3. Copies of financial reporting packages required by PART II of this agreement shall be submtted by or on
behalf of the recipient directly to each of the following:
A. The Department at each of the following addresses:
Florida Department of Transportation
1000 Northwest 111 Avenue
Miami, Florida 33172
B. The Auditor General's Office at the following address:
Page 12 of 13
Joint Participation Agreement between the Florida Department of Transportation and the City of Miami Beach,
Financial Project Numbers #414b41-1-58-01, and 4/4641-1-bS-OI
Auditor General's Office
Room 401, Pepper Building
111 West Madison Street
Tallahassee, Florida 32399-1450
4. Copies of reports or the management letter required by PART III of this agreement shall be submitted by or on
behalf of the recipient directl to:
A. The Department at each of the following addresses:
Florida Department of Transportation
1000 Northwest 111 Avenue
Miami, Florida 33172
Any reports, management letter, or other information required to be submitted to the Department pursuant to
this agreement shall be subrrutted timely in accordance with OMB Circular A-133, Florida Statutes, and
Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the
Auditor General, as applicable.
Recipients, when submitting fmancial reporting packages to the Department for audits done in accordance with
OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit
organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered
to the recipient in correspondence accompanying the reporting package.
PART V: RECORD RETENTION
The recipient shall retain sufficient records demonstrating its compliance with the terms of this agreement for a
period of at least five years from the date the audit report is issued, and shall allow the Department, or its
designee, the state CFO or Auditor General access to such records upon request. The recipient shall ensure that
the independent audit working papers are made available to the Department, or its designee, the state CFO, or
Auditor General upon request for a period of at least five years from the date the audit report is issued, unless
extended in writing by the Department.
Page 13 of 13
Joint Participation Agreement between the Florida Department of Transportation and the Cit}~ ofMiarni Beach,
Financial Project Numbers #1414641-J-58-O1, and 414641-1-68-t77
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