2016-29332 Reso RESOLUTION NO. 2016-29332
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING THE SUBSTANTIVE BUSINESS TERMS
OF A PROPOSED AGREEMENT BETWEEN THE CITY AND FLORIDA
DEPARTMENT OF TRANSPORTATION (FDOT) FOR THE COST SHARING OF A
CONSTRUCTION PROJECT ON INDIAN CREEK DRIVE, BETWEEN 26TH AND
41ST STREETS, FOR THE CONSTRUCTION OF A SEAWALL BARRIER WALL,
IMPROVED STREET DRAINAGE, AND RAISING THE ROAD ELEVATION;
AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY'S OFFICE TO
NEGOTIATE A FINAL AGREEMENT WITH FDOT BASED UPON THE
APPROVED TERMS; AND FURTHER. AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE THE FINAL AGREEMENT; PROVIDED THAT, SHOULD
ANY OF THE SUBSTANTIVE TERMS BE MODIFIED, THEN REQUIRING THE
AGREEMENT TO COME BACK TO THE CITY COMMISSION FOR FURTHER
APPROVAL.
WHEREAS, Indian Creek Drive is a State-owned and maintained road, but is considered
one of the City's main transportation corridors, establishing a southbound artery between North
Beach and South Beach; and
WHEREAS, Indian Creek Drive is a major commuter road that runs through residential
districts of the City, and is critical for providing emergency services to residents and visitors
(including its use as a hurricane evacuation route); and
WHEREAS, the City experiences extreme high tide events in the Spring and Fall, which
cause intensive and paralyzing flooding on Indian Creek Drive (which consistently flood
between 26th and 34th Streets); and
WHEREAS, the City has empirical evidence that these flooding events have increasingly
worsened due to these high tide events, which are expected to continue to escalate with sea
level rise; and
WHEREAS, the City has no alternative but to prohibit access to Indian Creek Drive, for
the health, safety and welfare of its residents and visitors multiple times each year, which occurs
two (2) times daily consistent with these higher tidal events; and
WHEREAS, the City, at its own significant cost, has taken exceptional measures to
mitigate this flooding, by installing a temporary flood barrier and the placement of several mobile
pumps; and
WHEREAS, the City has determined that more permanent, corrective actions in
response to these flooding events would require major infrastructure construction for Indian
Creek Drive, between 26th and 34th Streets, including the construction of a crash barrier seawall
that will maintain street drainage during high tides, and increasing the road elevation, and
WHEREAS, in 2015, Mayor Levine and members of the City Administration traveled to
Tallahassee to meet with the Secretary of Transportation for the purpose of discussing these life
safety concerns surrounding Indian Creek Drive, and to present him with a video documenting
such flooding; and
WHEREAS, at the conclusion of the presentation, there were potential solutions offered
to the Secretary, which included:
• building a seawall from 26th to 41st Street, approximately 4,000 feet in length, at a
5.7 NAVD elevation (City standard). The proposed seawall would be constructed
over a 20 feet deep sheet pile wall that would eliminate water from flowing
underground and from flowing over the wall and flooding the street; and
• installation of a 72 inch drainage line, beginning south of 26th Street, and continuing
all the way to 41' Street, connecting at the drainage system on 41"Street; and
• construction of a pump station on the 32nd Street street end, that would have the
capacity to pump the 72 inch drainage line and maintain the proper capacity in the
system; and
WHEREAS, since Indian Creek Drive is a State owned and maintained road that is
under Florida Department of Transportation's (FDOT's)jurisdiction, the City Administration also
met with FDOT District Six staff to discuss the sharing of the costs for these identified
improvements; and
WHEREAS, City staff and FDOT have agreed that FDOT would be responsible for the
base cost (estimated to be $15 million) of draining its roadway, and the City would be
responsible for those costs (estimated to be $3.4 million) necessary to accommodate the
additional capacity in the drainage system for the City streets abutting the affected areas of
Indian Creek Drive; and
WHEREAS, the City further recognizes that it owns approximately 30% of the land and
seawalls that border the eastern portion of Indian Creek Drive, and as such, the City
acknowledges that an equitable distribution of those construction costs associated with the
seawall would be appropriate with FDOT responsible for $4.9 Million and the City responsible
for$2.1 million; and
WHEREAS, the total monetary cost for all aspects of this project is estimated to be $25
million, and includes the City's equitable share (based upon those anticipated benefits to its
land, seawall and increased capacity flows to those surrounding City streets) that is estimated to
be $5.5 million; and
WHEREAS, City staff seeks to reduce the time necessary for the development of
drawings for the project, and commence construction by Summer of 2016, thereby enabling
enough of the system to be implemented in order to stem the high tides this Fall; and
WHEREAS, the City would be responsible for completing the project over the next year
by finalizing the elevations and any additional work necessary; and
WHEREAS, FDOT has currently developed a draft agreement that memorializes the
parties respective obligations, which draft agreement is attached as Exhibit "A" to this
Resolution; and
WHEREAS, City staff would recommend that the Mayor and City Commission hereby
approve the substantive business terms for the proposed project, as contained in this
Resolution and the draft agreement; and that City Staff and the City Attorney's Office be further
authorized to negotiate the final agreement (based upon the approved business terms); and, if
successful, that the Mayor and City Clerk be authorized to execute the final Agreement; and
WHEREAS, in the event that any of the proposed business terms change, then the City
Manager will bring those changes back to the City Commission for further approval.
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
approve the substantive business terms of a proposed agreement between the City and Florida
Department of transportation (FDOT) for the cost sharing of a construction project on Indian
Creek Drive, between 26th and 41st streets, for the construction of a seawall barrier wall,
improved street drainage, and raising the road elevation; authorizing the City Manager and City
Attorney's Office to negotiate a final agreement with FDOT based upon the approved terms; and
further authorizing the Mayor and City Clerk to execute the final agreement; provided that,
should any of the substantive terms be modified, then requiring the agreement to come back to
the City Commission for further approval.
PASSED AND ADOPTED this I day of March, 2016.
, /
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Philip /ev, -Or
ATTEST: /
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Ra ael E. Grariado, City CI:rk ? '..
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City Attorney Date
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Accepting An Agreement
Between The City Of Miami Beach And The Florida Department Of Transportation(FDOT)For The Cost Sharing Of A
Construction Project On Indian Creek Drive, Between 26th And 41st Streets, For The Construction Of A Seawall,
Improving Street Drainage And Road Elevation, In The Amount Of$5.5 Million Dollars (Of A $25 Million Dollar
Project)
Key Intended Outcome Supported:
Item Summary/Recommendation:
Indian Creek Drive is considered one of the City's main corridors,forming a southbound artery between North/Mid
Beach and South Beach. Indian Creek as a major commuter road which runs through residential areas where the
City provides emergency services and is also a hurricane evacuation route.
During the extreme high tide events in the spring and fall,Indian Creek Drive consistently floods between 26th and 34th
Streets. Over the years,these flooding events have worsened due to higher tides which are expected to escalate with
sea level rise. This leaves City staff with no choice but to close the roads multiple times each year,two times each
day coincident with high tides. The majority of flooding has been controlled by the extraordinary installation of a
temporary flood barrier and several pumps at significant cost. Correcting this flooding would entail major construction
at this location,including building a crash barrier wall to serve as a seawall in order to maintain street drainage during
high tides,as well as increase the road elevation.
Last year, Mayor Levine along with City Administration traveled to Tallahassee to meet with the Secretary of
Transportation to discuss these concerns,and to present him with a video documenting such flooding. At the end of
the presentation, potential solutions were offered to Secretary Boxold including:
• Concepts of building a seawall from 26 to 41st Street,approximately 4,000 feet in length,at a 5.7 NAVD elevation
(City standard). The proposed seawall would be constructed over a 20 feet deep sheet pile wall that would
eliminate water from flowing underground and from flowing over the wall and flooding the street;
• The installation of a 72 inch drainage line beginning south of 26th Street and continuing all the way to 41St Street,
connecting at the drainage system on 41st Street;
• The construction of a pump station on the 32 nd Street end, that would have the capacity to pump the 72 inch
drainage line and maintain the proper capacity in the system;
• As part of the project,the City recommended raising the roads to a 3.7 NAVD elevation. However, prior to doing
so,the City would conduct field surveys of the project area to ensure businesses would not be adversely impacted
and be able to establish a transition.
Since Indian Creek falls within the Florida Department of Transportation(FDOT)jurisdiction,City Administration met
with FDOT District Six staff to discuss the sharing of the costs for this proposed project. At this meeting, it was
agreed upon that FDOT would be responsible for the base cost of draining their roadways and the City would be
responsible for the costs necessary to accommodate the additional capacity in the system for City streets.
The approximate base cost for this project is$22 million,and the approximate cost for additional flows due to the City
streets is $3.4 million. Since the City owns approximately 30% of land along Indian Creek Drive and adding
accommodations of street ends and City parking lots, the City agreed to accept part of the cost of the barrier wall
itself, plus the difference between capacity.The construction cost of the wall is estimated at$7 million. The City's
share will be$2.1 million,which totals$5.5 million of the total$25 million project.
Should FDOT take the lead,they anticipated it would take them a year before they could prepare a set of documents,
followed by a project bid process. Should the City take the lead, a design build and a fast track system would be
utilized,following a procurement process.However,the City would propose to reduce the time necessary to develop
the drawings and start construction as early as summer 2016,enabling enough of the system to help during the high
tides this fall. The City would then complete the project over next year by finalizing the elevations and any additional
work necessary. FDOT is currently developing a draft agreement to this project.
THE ADMINISTRATION RECOMMENDS APPROVING THE RESOLUTION.
Advisory Board Recommendation:
Financial Information:
Funds: Amount Account Approved
1 ..
OBPI Total
Financial Impact Summary:
City Clerk's Office Legislative Tracking:
Eric Carpenter, Public Works X6012
Sign-Offs:
Department Director Assistant • Manager City M-
�a'-r
JJF ETC JLM � •
T:\AGENDA\2016\January\Public Works\TECO.Sum.doc -- -Agenda Item 1 1 S
MIAMI BEACH Date 3-?-/o
gm._ MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members •i the City CI mission
FROM: Jimmy L. Morales, City Manager
DATE: March 9, 2016
SUBJECT: A RESOLUTION OF THE MAYOR D CITY COMMISSION OF THE CITY OF MIAMI
BEACH,FLORIDA, ENTERING INTO AN AGREEMENT BETWEEN THE CITY OF MIAMI
BEACH AND THE FLORIDA DEPARTMENT OF TRANSPORTATION(FDOT)FOR THE
COST SHARING OF A CONSTRUCTION PROJECT ON INDIAN CREEK DRIVE,
BETWEEN 26TH AND 41ST STREETS, FOR THE CONSTRUCTION OF A SEAWALL
BARRIER WALL, IMPROVING STREET DRAINAGE AND RAISING THE ROAD
ELEVATION, IN THE AMOUNT OF $5.5 MILLION DOLLARS (OF A TOTAL $25
MILLION DOLLAR PROJECT).
BACKGROUND
Indian Creek Drive is considered one of the City's main corridors, forming a southbound artery
between North/Mid Beach and South Beach. Indian Creek as a major commuter road which runs
through residential areas where the City provides emergency services and is also a hurricane
evacuation route.
During the extreme high tide events in the spring and fall, Indian Creek Drive consistently floods
between 26th and 34th Streets. Over the years,these flooding events have worsened due to higher
tides which are expected to escalate with sea level rise. This leaves City staff with no choice but to
close the roads multiple times each year, two times each day coincident with high tides. The
majority of flooding has been controlled by the extraordinary installation of a temporary flood barrier
and several pumps at significant cost. Correcting this flooding would entail major construction at this
location, including building a crash barrier wall to serve as a seawall in order to maintain street
drainage during high tides, as well as increase the road elevation.
Last year, Mayor Levine along with City Administration traveled to Tallahassee to meet with the
Secretary of Transportation to discuss these concerns,and to present him with a video documenting
such flooding. At the end of the presentation, potential solutions were offered to Secretary Boxold
including:
• Concepts of building a seawall from 26 to 41st Street, approximately 4,000 feet in length,at a
5.7 NAVD elevation (City standard). The proposed seawall would be constructed over a 20
feet deep sheet pile wall that would eliminate water from flowing underground and from
flowing over the wall and flooding the street;
• The installation of a 72 inch drainage line beginning south of 26th Street and continuing all
the way to 41st Street, connecting at the drainage system on 41st Street;
FDOT Agreement
March 9, 2016
Page 2 of 2
• The construction of a pump station on the 32nd Street end, that would have the capacity to.
pump the 72 inch drainage line and maintain the proper capacity in the system;
• As part of the project, the City recommended raising the roads to a 3.7 NAVD elevation.
However, prior to doing so,the City would conduct field surveys of the project area to ensure
businesses would not be adversely impacted and be able to establish a transition.
Since Indian Creek falls within the Florida Department of Transportation (FDOT)jurisdiction, City
Administration met with FDOT District Six staff to discuss the sharing of the costs for this proposed
project. At this meeting, it was agreed upon that FDOT would be responsible for the base cost of
draining their roadways and the City would be responsible for the costs necessary to accommodate
the additional capacity in the system for City streets.
The approximate base cost for this project is $22 million, and the approximate cost for additional
flows due to the City streets is $3.4 million. Since the City owns approximately 30% of land along
Indian Creek Drive and adding accommodations of street ends and City parking lots,the City agreed
to accept part of the cost of the barrier wall itself, plus the difference between capacity. The
construction cost of the wall is estimated at $7 million. The City's share will be $2.1 million, which
totals $5.5 million of the total $25 million project.
$ $ p j
Should FDOT take the lead, they anticipated it would take them a year before they could prepare a
set of documents, followed by a project bid process. Should the City take the lead, a design build
and a fast track system would be utilized,following a procurement process. However,the City would
propose to reduce the time necessary to develop the drawings and start construction as early as
summer 2016, enabling enough of the system to help during the high tides this fall. The City would
then complete the project over next year by finalizing the elevations and any additional work
necessary.
FDOT is currently developing a draft agreement to this project.
CONCLUSION
The administration recommends approving the Resolution.
Attachment: Draft Agreement
JLM/ETC/JJF/FRS
T:\AGENDA\2016\MARCH\PUBLIC WORKS\INDIAN CREEK.MEMO.DOC
Contract Number:
CSFA/CFDA Number:
DEPARTMENT FUNDED AGREEMENT
BETWEEN
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
AND
THE CITY OF MIAMI BEACH
THIS AGREEMENT is made and entered into this 1St day of July, 2016, between the
State of Florida Department of Transportation, a component agency ofthe State of Florida,
hereinafter referred to as the `DEPARTMENT' and the Ci
ty,.A;Miami Beach, a municipal
corporation of the State of Florida, existing under the Laws ofst144ate of Florida, hereinafter
referred to as the `CITYY OF MIAMI BEACH'.
AP' 4
RECITAL�v' 4
WHEREAS, the DEPARTMENT has yurifdlction over and maintains thye- State Road
(S.R.) Al A/Indian Creek Drive corridor in the CITY OFMIAMI BEACH; and
4xs`Gri
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WHEREAS, the DEPARTMENT has drafted concept plans the construction of roadway and
drainage improvements on S.R. Al A/Ind�anHOreek Drive from 4`IStStreet to 26th Street P.
1.034 to M.P. 0.232 hereinafter referred to as th " ' `
), P� OJECT tliekndividual elements of which
are outlined in the attached Exhibit"A", `Scope of Se ices', which is herein incorporated by
reference;and :4 wit. r
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Y
k��'}=�'Sy., �. .by.
WHEREAS, the DEPARTMENT ENT has programmed funding for the PROJECT under
Financial Project Nu nber.4392284
j { h �� 52-01, and has greed to reimburse the CITY OF MIAMI
BEACH for eligible PROJECT costs u to a mmum limiting amount, as outlined in the
attached Exhibit'B.". `Financ al`Su maiy' which'is herein incorporated by reference; and
WHEREAS, they`� 1I,TY OF IIAMI BEACH has agreed to design, construct, supervise
and inspect all aspects of ?ROJECT o struction and administration; and
WHEMAS, the pares hereto mutually recognize the need for entering into an
Agreement des gating and setting forth the responsibilities of each party; and
g ��> ��.. � ��. o p p y,
WHEREAS '`they"'"
�w,,Xarties are authorized to enter into this Agreement pursuant to Section
339.08(e) and 339.12,'=Fl`orida Statutes (F.S.);
Page 1 of 25
Department Funded Agreement between the Florida Department of Transportation and the CITY OF MIAMI BEA EXHIBIT '-
Financial Project Number 439228-1-52-01 _
.1 ■t Ail
a
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:
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 OF MIAMI BEACH shall be responsible for assuring that the
PROJECT complies with all applicable Federal, State3::;and Local laws, rules,
�s
regulations, guidelines and standards.
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b. The CITY OF MIAMI BEACH.sha11 submit this Agreement to its CITY OF
MIAMI BEACH CommissioWiT6t ratification or approval by resolution. A
copy of said resolution is attached hereto fas''Exhibit "C", `City of Miami
Beach Resolution', and is herein incorporated by reference.
c. The CITY OF MIAMI BEACH shall advertise and let a Design-Build
Xis� ,�i F���lu k�F
contract, administer, supervise, mplement, evaluate and inspect all aspects of
t,2
PROJECT construction until completion, and, as further defined in Exhibit
"A", `Scope of Services' The CITY'OF MIAMI BEACH shall complete the
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PROJECT on or before June°30- , 2021. All aspects of PROJECT construction
and administration are subject E to DEPARTMENT standards and specifications
andrnust be in�Ycompliance withsall governing laws and ordinances as stated in
Exhibit"E".
CITY OF MIAMt BEACH shall submit the Project Design Plans
for review by the DEPARTMENT via Electronic Reviewer
s Comments ("ERC"), and the DEPARTMENT shall submit its comment, if
XX"E. i 4N`E KraS.�
zr any, via°SERC• The4DEPARTMENT shall have a period of 14 days from the
date that theCITY OF MIAMI BEACH notifies the DEPARTMENT that the
havefib`een placed in the ERC for review and comment ("Comment Due
Zn r ;
Date"). The CITY OF MIAMI BEACH shall respond to the
`DEPARTMENT's comments, if any, within 14 days from the date of the
DEPARMENT places its comments on the ERC ("Response Due Date"). If
the,,DEPARTMENT does not timely submit its comments, the PDP shall be
deemed to have been approved by the DEPARTMENT. The review process
for the Project Design Plans will be deemed concluded when the CITY OF
MIAMI BEACH has submitted the Final Project Design Plans to the ERC,
and the Comment Due Date and Response Due Date for the Final Project
Design Plans have passed, and the CITY OF MIAMI BEACH has addressed
all of the DEPARTMENT's comments that were submitted through the ERC.
Page 2 of 25
Department Funded Agreement between the Florida Department of Transportation and the City of Miami Beach
Financial Project Number 439228-1-52-01
e. The CITY OF MIAMI BEACH 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 or disapprove CITY OF MIAMI BEACH employment of same.
f. The CITY OF MIAMI BEACH's attorney shall certify to the DEPARTMENT
that the consultant selection process by the CITY OF. MIAMI BEACH in
procuring any consultant contract for engineering, architecture or surveying
services entered into by the CITY OF MIAMI BEACH for purposes of
performing its duties under this Agreement has accomplished in
compliance with Section 287.55, Florida,Statutes, Consultants' Competitive
Negotiation Act.
g. The CITY OF MIAMI BEACH's attorney shall certify to the DEPARTMENT
that the purchase of commodities orIcontractual services by;the CITY OF
MIAMI BEACH exceeding the Threshold Amount for CATEGORY TWO
per Section 287.017E F.S. for purposes of performing its duties under this
Agreement has been accomplished in full compliance with the provisions of
Section 287.057 F.S.
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h. This Agreement and any interest hereiWshallrnot be assigned, transferred or
otherwise encumbered by-- the CITY EOF MIAMI BEACH under any
E k-
circumstances without priors written 'consent of the DEPARTMENT.
However,this Agreement shall.run to the DEPARTMENT and its successors.
"
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s! T 5
i. The CITY OF=M AAMI,BEACH shall comply with all federal, state, and local
r laws and ordinances applicable with work or payment of work thereof, and
willknonot discriminate on the grounds of race, color, religion, sex, national
� F
origin, ge or disability in the performance of work under this Agreement.
j. The CITY-OF MIAMI BEACH agrees to comply with Section 20.055(5),
Gk F.S., and toF incorporate in all subcontracts the obligation to comply with
Section 20.:055(5), F.S.
!(C v4
k. The;CITY OF MIAMI BEACH shall require its construction contractor to
maintain, at all times during the construction to carry Commercial General
Liability insurance providing continuous coverage for all work or operations
performed under the construction contract. Such insurance shall be no more
restrictive than that provided by the latest occurrence form edition of the
standard Commercial General Liability Coverage Form (ISO FormCG 00 01)
as filed for use in the State of Florida. The limits of coverage shall not be less
than $1,000,000 for each occurrence and not less than a$5,000,000 annual
general aggregate, inclusive of amounts provided by an umbrella or excess
policy, or such other minimum insurance coverage that may be required by
Page 3 of 25
Department Funded Agreement between the Florida Department of Transportation and the City of Miami Beach
Financial Project Number 439228-1-52-01
the DEPARTMENT's Standards and Specifications for Road and Bridge
Construction, as amended from time to time. The CITY OF MIAMI BEACH
shall further cause its contractor to name the DEPARTMENT as additional
insured party on the afore-stated policies, and to provide evidence of Workers'
Compensation Insurance in accordance with the laws of the State of Florida
and in amounts sufficient to secure the benefit of the Florida Workers'
Compensation law for all employees.
1. To the extent provided by law, the CITY OF MIAMI.,BEACH shall
indemnify, defend and hold harmless the DEPARTMENT against any actions,
claims, or damages arising out of, relating to, or resulting from negligent or
wrongful act(s) of, or any of its officers, agents or employees, acting within
the scope of their office or employment, in connection with the rights granted
to or exercised by the CITY OF MIAWBEACH hereunder, to the extent and
within the limitations of Section 768 28, Florida StatuteS:',viiforegoing
indemnification shall not constit*a waiver of sovereign imunityybeyond
the limits set forth in Florida Statutes, Section 768.28, nor shail the same be
construed to constitute agreement by the.,CITY`OF MIAMI BEACH to
� � F
indemnify the DEPARTMENT for theKnegligent acts or omissions of the
DEPARTMENT, its officers, agents or employees. Nothing herein shall be
construed as consent by thet CITY OF MIAMI BEACH to be sued by third
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parties in any manner arising Fout of this agreement
3. FINANCIAL PROVISIONS
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a. Eligible PROJECT costs may <not exceed NINETEEN MILLION NINE
HUNDRED FIFTY SIX THOUSAND FOUR HUNDRED AND EIGHTY
AND 00/100 DOLLARS ($FF_v'1 9,956,480.00).
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b. The;DEPARTMENT agrees to compensate the CITY OF MIAMI BEACH for
the services described n Exhibit"A"— Scope of Services, up to the maximum
limitingF;amount described in the Method of Compensation attached hereto as
Exhibit 'B"y 4:
c. The CITY0 OF MIAMI BEACH shall furnish the services with which to
construct4the PROJECT as further detailed in Exhibit"A" of this Agreement.
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d. 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), F.S., or by the Department of Financial Services
under Section 215.422(14), F.S.
e. The CITY OF MIAMI BEACH shall provide quantifiable, measurable and
verifiable units of deliverables. Each deliverable must specify the required
minimum level of service to be performed and the criteria for evaluating
successful completion. The PROJECT, identified as Project Number 439228-
Page 4 of 25
Department Funded Agreement between the Florida Department of Transportation and the City of Miami Beach
Financial Project Number 439228-1-52-01
1-52-01, and the quantifiable, measurable and verifiable units of deliverables
are described more fully in Exhibit"A".
f. Invoices shall be submitted by the CITY OF MIAMI BEACH in detail
sufficient for a proper pre-audit and post audit thereof, based on quantifiable,
measureable and verifiable units of deliverables as established in Exhibit"A"—
Scope of Services. Deliverables must be received and accepted in writing by
the DEPARTMENT's Project Manager prior to payments.
g. Supporting documentation must establish that the deliverables were received
and accepted in writing by the CITY OF MIAMI BEACH and must also
F�t.
establish that the required minimum level of,servicevto be performed based on
the criteria for evaluating successful completion kas specified herein and in
Exhibit"A"—Scope of Services was met,. '� , xx a; ,
h. There shall be no reimbursement or travel expenses under this Agreement.
x:
wag-
i. The CITY OF MIAMI BEACH shall have the sole responsibility for
resolving claims and requests for additional work for the PROJECT. The
CITY OF MIAMI BEACH shall further'be solely responsible for the funding
of any additional work for the PROJECT,`�including but not limited to, work
related to unforeseen circumstances related to the�PROJECT. Prior to making
decisions in this regard, the CITY 0F�MIAMI BEACH shall consult with the
DEPARTMENT which impact s rr PROJECT improvements on the
DEPARTMENT's right of way.'' ,,,,t'
j. The;CITY OF 1VII'AMI BEACH should be aware of the following time frames:
�h
'kF 4th �, F ` �F-`
(i ) Inspectior,�n�Ya� nd approval of%goods or services shall take no longer than
,five (5) working days,unless{the bid specifications, purchase order, or contract
r F,I i � �kF
specifies otherwisein(Any deviations should be referenced in the Agreement
or an`r addendum R accordance with Section 2.1.) The Department has
FF �� .f�:.:�•'
�� twenty (20) days to de'l'iver a request for payment (voucher) to the Department
;_ of Financial,Services. The twenty (20) days are measured from the latter of
x:�k k
,X1 the date the invoice is received or the goods or services are received,
:inspected,and approved. (Section 215.422(1), F.S.).
(ii) If payment is not available within forty (40) days, a separate interest
penalty at a rate as established pursuant to Section 55.03(1), F.S., will be due
and payable, in addition to the invoice amount, to the CITY OF MIAMI
BEACH. Interest penalties of less than one (1) dollar will not be enforced
unless the CITY OF MIAMI BEACH requests payment. Invoices that have to
be returned to the CITY OF MIAMI BEACH because of CITY OF MIAMI
BEACH preparation errors will result in a delay in the payment. The invoice
payment requirements do not start until a properly completed invoice is
provided to the DEPARTMENT.
Page 5 of 25
Department Funded Agreement between the Florida Department of Transportation and the City of Miami Beach
Financial Project Number 439228-1-52-01
k. A Vendor Ombudsman has been established within the Department of
Financial Services. The duties of this individual include acting as an advocate
for the CITY OF MIAMI BEACH who may be experiencing problems in
obtaining timely payment(s) from a state agency. The Vendor Ombudsman
may be contacted at (850) 413-5516 or by calling the Division of Consumer
Services at 1-877-693-5236. (Section 215.422(5) and (7), F.S.)
1. 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 (5) years after final
payment is made. Copies of these documents records shall be furnished
to the DEPARTMENT upon request. Records and of costs incurred include the
CITY OF MIAMI BEACH'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. (Section 287.058(4), F.5.)
m. In the event this contract is for services tin excess of$25,000.00 and a term for
a period of more than one (1) year, the provisions of Section 339.135(6)(a),
F.S., are hereby incorporated, fi
"The DEPARTMENT, during kany fiscal year, shall not expend money, incur
.•'4 t'y(
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 such fiscal.year. Any`"contract, verbal or written, made in
violation of this subsection is null and void, and n.o money may be paid on
such' contract The DEPARTMENT shall require a. statement from the
Comptroller o f the`Department,that such funds are available prior to. entering
Into 4any suchcontractsor other'binding commitment of funds. Nothing herein
K.sa�k `�
contained shall prevent the making of contracts for periods exceeding one (1)
�r
k 5
year, but*any contract_so made shall be executory only for the value of the
z4 services to Fbe rendered or agreed to be paid for in succeeding fiscal years; and
fia this paragraph shall be incorporated verbatim in all contracts of the
DEPART ENT 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 thany l year."
The 'DEPARTMENT's obligation to pay is contingent upon an annual
appropriation by the Florida Legislature. (Section 216.311,F.S.)
n. E-Verify:
The CITY OF MIAMI BEACH shall:
Page 6 of 25
Department Funded Agreement between the Florida Department of Transportation and the City of Miami Beach
Financial Project Number 439228-1-52-01
i.' Utilize the U.S. Department of Homeland Security's E-Verify system
to verify the employment eligibility of all new employees hired by the
Vendor/Contractor during the term of the contract; and
ii. Expressly require any contractors and subcontractors performing work
or providing services pursuant to the state contract to likewise utilize
the U.S. Department of Homeland Security's E-Verify system to
verify the employment eligibility of all new employees hired by the
subcontractor during the contract term.
The CITY OF MIAMI BEACH shall insert the above clause into any contract
entered into by the CITY OF MIAMI BEACH`.with vendors or contractors
hired by the CITY OF MIAMI BEACH for purposes of performing its duties
under this Agreement.
4. GOVERNING LAW
This Agreement shall be governed and construed in, with the laws of
the State of Florida.
5. AMENDMENT
This Agreement may be amended`ly mutual agreement of the DEPARTMENT
and the CITY OF MIAMI BEACH expressed in writing, executed and delivered
by each party.
6. 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 n to the terms and requirements of applicable law.
7 COMMUNICATIONS
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 DEPARTMENT: Florida Department of Transportation
1000 Northwest 111 Avenue, Room 6202B
Miami, Florida 33172-5800
Attn: Fabiana Gonzalez, Project Manager
Page 7 of 25
Department Funded Agreement between the Florida Department of Transportation and the City of Miami Beach
Financial Project Number 439228-1-52-01
Ph: (305) 470-5183
With copy to:
Alonzo Joseph, Contract Analyst
Ph: (305) 470-5428
Fax: (305) 640-7556,
or their designees.
To CITY OF MIAMI BEACH: City of Miami,,B.eachtr,
Public Works1Department
1700 Convention;Center Drive
Miami, Florida 33139
Atha Eric T. Carpent‘
Pk(305) 673-7080
b. Notices shall be deemed to have'been received,by the end of fifyg; 5) business
days from the proper sending thereof-unless proof of prior actual receipt is
provided.
8. EXPIRATION OF AGREEMENT;{`
The CITY OF MIAMI BEACH agrees to complete'the PROJECT on or before
June 30th, 2021. If the CITY OFD MIAMI 0EACH does not complete the
PROJECTOitlifiAis time period,this Agreement will expire unless an extension
of the time period•requested by the CITY OF MIAMI BEACH and granted in
writin .
g`Fbyz the DEPARTMENT'S District Six Secretary or Designee. Expiration
�!h � r
of this Agreement will be considered>termination of the PROJECT.
9. INVOICING AND PROGRESS REPORTS
�
Tn order to obtain any,_payments,th
° e CITY OF MIAMI BEACH shall:
y<'
y ti Submit monthly progress reports that: 1) describe the work performed; 2)
gadequatelyyOstify and support the payment requested; and 3) are in a format
that is acceptable to the DEPARTMENT; and
C <N
ii. Submit to the DEPARTMENT quarterly invoices on CITY OF MIAMI
BEACH forms and such other data pertaining to the PROJECT in support of
the invoice total; and
iii. Comply with all applicable provisions of this Agreement.
The CITY OF MIAMI BEACH will invoice the DEPARTMENT on a monthly
basis for completed work. The CITY OF MIAMI BEACH must submit the final
Page 8 of 25
Department Funded Agreement between the Florida Department of Transportation and the City of Miami Beach
Financial Project Number 439228-1-52-01
invoice on this PROJECT to the DEPARTMENT within one hundred twenty
(120) days after the expiration of this Agreement.
10. FINANCIAL CONSEQUENCES
Payment shall be made only after receipt and approval of goods and services
unless advance payments are authorized by the Chief Financial Officer of the
State of Florida under Chapters 215 and 216, F.S. << Deliverable(s) must be
received and accepted in writing by the Contr`act:, Manager on the
DEPARTMENT's invoice transmittal forms .prior to payment. If the
DEPARTMENT determines that the performance Of,the CITY OF MIAMI
BEACH is unsatisfactory, the DEPARTMENT shall notify the CITY OF MIAMI
BEACH of the deficiency to be corrected, which correction shall be made within
a time-frame to be specified by the,DEPARTMENT. The CITY OF MIAMI
BEACH shall, within five (5) days after notice from the DEPARTMENT, provide
the DEPARTMENT with a corrective action plan describing how the CITY OF
MIAMI BEACH will address all issues;: of contract non-performance,
unacceptable performance, failure to meet the minimum performance levels,
deliverable deficiencies, or.,contract non-compliance. If the corrective action plan
is unacceptable to the DEPARTMENT,the DEPARTMENT, at its option may
(a) Assess a non-performance retainage e uivalent to 10% of the total
invoice amount. In such an event, the retainage shall be applied to the invoice for
the then-current billing period-'11e-retainage shalf be withheld until the CITY OF
MIAMI BEACH 'resolves the''deficiency. If the deficiency is subsequently
resolved,the CITY OF MIAMI`BEACH may bill the DEPARTMENT for the
retained amount during the next billing„period. If the CITY OF MIAMI BEACH
is unable to resolve the deficiency, the funds retained may be forfeited at the end
of the Agreement period, or
(b) Terminate the a reement and pursue all remedies available to the
( ) g p
DEPARTMENT under the law, including but not limited to seeking
reimbursement for damages and costs for the CITY OF MIAMI BEACH's failure
to cure such deficiency
'Yn
11. AUDITS Y$
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 Department Funded 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.
13. PUBLIC RECORDS
Page 9 of 25
Department Funded Agreement between the Florida Department of Transportation and the City of Miami Beach
Financial Project Number 439228-1-52-01
The CITY OF MIAMI BEACH shall allow public access to all documents,
papers, letters, or other material subject to the provisions of Chapter 119, Florida
Statutes, and made or received by the CITY OF MIAMI BEACH in conjunction
with this Agreement. Specifically, if the CITY OF MIAMI BEACH is acting on
behalf of a.public agency the CITY OF MIAMI BEACH shall:
(a) Keep and maintain public records that ordinarily and necessarily would be
required by the DEPARTMENT in order to perform the services being
�si 4k,♦
performed by the CITY OF MIAMI BEACH. -4.:, ,�
x v Fr`'
(b) Provide the public with access to public records on the same terms and conditions
that the DEPARTMENT would provide the records and at a cost that does not
exceed the cost provided in Chapter 119,x Florida Statutes, or as otherwise
provided by law. ` '
4 n��r
(c) Ensure that public records that are exempt$or confidential and exempt from public
1 records disclosure requirements are not disclosed except as authorized by law.
(d) Meet all requirements for retainin ublc records and transfer, at�no" cost, to the
( ) DEPARTMENT all public records in � `
p .�posse'ssion`�of the CITY" OF MIAMI
BEACH upon termination of the contract and destroy any duplicate public
records that are exempt or confidential and exempt from public records disclosure
requirements. All records`4 stored electronically must be provided to the
DEPARTMENT in a format th�atis4 compatible with,the information technology
systems of the DEPARTMENT. Fxw , `
Failure by the CITY OF MIAMI BEACH��toy`grant such public access shall be
grounds fore immediate unilateral cancellation of this Agreement by the
DEPARTMENT: The CITY OF`MIAMI BEACH shall promptly provide the
DEPARTMENT with a copy of any request to inspect or copy public records in
o
possession f�the CITY OF MIAMI"'BEACH and shall promptly provide the
DEPARTMENf!'d copy`o"f-the CITY OF MIAMI BEACH's response to each
?! �`. �Y t W�`6�� 'tip�S C<x Fy"r,"�i I
such req nest �O !F
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n
,xxklr S�,
u 4x` ..- REMAINDER OF PFF AGE INTENTIONALLY LEFT BLANK--
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4&
Page 10 of 25
Department Funded Agreement between the Florida Department of Transportation and the City of Miami Beach
Financial Project Number 439228-1-52-01
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: BY:
CITY OF MIAMI BEACH MAYOR DISTRICT-SECRETARY
ATTEST: ATTEST:
(SEAL) CITY OF MIAMI BEACH CLERK (SEAL) EXECUTIVE:SECRETARY
LEGAL REVIE{W:
CITY OF MIAMI BEACH ATTORNEY Y, DISTRICT CHIEF COUNSEL
y`y
Y Y Vd'1
4t .
<\t
F,z
Page 11 of 25
Department Funded Agreement between the Florida Department of Transportation and the City of Miami Beach
Financial Project Number 439228-1-52-01
EXHIBIT "A"
SCOPE OF SERVICES
Under this Agreement, the CITY OF MIAMI BEACH will provide the following services from
Begin Milepost 1.034 to End Milepost 0.232 as detailed in the concept plans and typical section
in Exhibit"Al":
o Reconstruct roadway along S.R. Al A/Indian Creek Drive from 41St Street to
south of 26th Street
o Install signing and pavement marking
o Construct sheet pile wall along west side of roadway
o Construct special rigid concrete barrier,wall
o Construct a pump station at 32nd Street. All incidentals to pump station
construction such as pollution control box, outfall-energy dissipator unit,
structural, electrical and mechanical pump station components as well as
incidental seawall replacement shall be included.
o Construct 72" RCP pipe trunk line (water-tight system)
o Construct incidental roadway drainage including inlets, manholes, trench drains,
inlets lateral-pipes and manhole stub connections to side-street drainage systems.
o Lining of side-street's storm drain systems within project limits
o Protect seawall within project limits
o Install new roadway, lighting system along the west side of roadway
o Replace traffic signal;,at 29th Street*.
o Modify traffic signals at 26th Street`and,:41 st Street
o Modify mid-block crossing north of 39th Street
o Relocate existing 6" gas main
o Adjust utilities including but not limited to valves,meters & manholes
PROJECT Limits: SR MA/Indian Creek Drive from 41st Street to 26th Street(M.P. 1.034 to
M.P. 0.232):;;:::.
FDOT Financial`Project Number: 439228-1-52-01
County: Miami-Dade:
FDOT Project Manager: Fabiana Gonzalez, P.E.
CITY OF MIAMI BEACH Project Manager: Eric T. Carpenter, P.E.
Page 12 of 25
Department Funded Agreement between the Florida Department of Transportation and the City of Miami Beach
Financial Project Number 439228-1-52-01
EXHIBIT "Al"
CONCEPT PLANS AND TYPICAL SECTION
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Page 13 of 25
Financial Project Number 439228-1-52-01
EXHIBIT "B"
FINANCIAL SUMMARY
Estimated PROJECT costs and deliverables for reimbursement are below-listed, for 439228-1-52-
01:
Item -Amount Fund Type
,002,,,:,.
SEDIMENT BARRIER .:a, F$7,950 State Funds
FLOATING TURBIDITY BARRIER ‘ $_12,5,000 State Funds
z x % 'lift,
\.4,
INLET PROTECTION SYSTEM ` ' �' $2,012,6;,:;:,. State Funds
CLEARING&GRUBBING ,�r`z�x
��, r 4 $59,000 � ��� tate Funds
ROADWAY REGULAR EXCAVATION <<= -� k`y $79,605 State Funds
alt�'
n
TYPE B STABILIZATION . $31,575 State Funds
OPTIONAL BASE,BASE GROUP 09(TYPE 12.5) M!�k h
$,286,750 State Funds
xy r F`
SUPERPAVE ASPHALTIC CONC,TRAFFIC C(ASSUMED 3,"THICK) 4x, $322,019 State Funds
ASPH CONC FC,TRAF B,FC-9.5,PG 76-22,ARB v $ 112,802 State Funds
INLETS,CURB,TYPE P-4,<10' : ��r4%!h! $69,960 State Funds
fi! �7F S.
P i!
INLETS,CURB,TYPE P-5,<10'ffi f 'Owti $27,700 State Funds
E
f
z INLETS,CURB,TYPE P-6,<10' -11 4 . ; fi
$9,239 State Funds
.41110%,,,.. r
PIPE CULV,OT MAILROUD,
18'S/CD��F, $ 18,984 State Funds
r x 4c 5 , .F
PIPE CULV,OPT MATL, ROUND,F36'S/CD lame`` .-`" $55,513 State Funds
,,,,,omlik, ima,,....
PIPE CULV,OPT MATL, ROUND,48"S/CD .0"/
F4 $ 1,731 State Funds
r �Y:G
x
PIPE CULV,OPT MAIL; ROUND,72"S/CD(INCLUDES AVERAGE 13'-DEEP TRENCH
EXCAVATION, MUCK HAULING& DISPOSAL, DEWATERING,TRENCH SHORING& $5,210,400 State Funds
TRENCH FILL MATERIAL) s.',.
PIPE LINER,OPTIONAL MATERIAL,0-24" $229,940 State Funds
PIPE LINER,OPTIONAL MATERIAL, 25-36" $ 158,370 State Funds
TRENCH DRAIN(SPECIAL) $243,000 State Funds
PUMP STATION (TRASH RAKE,WET WELL,VALVE BOX,SLUICE GATE, ENERGY
DISSIPATOR, POLLUTION CONTROL BOX, INCIDENTAL STRUCTURAL, MECHANICAL F $2,000,000 State Funds
ELECTRICAL)
Page 14 of 25
Department Funded Agreement between the Florida Department of Transportation and the City of Miami Beach
Financial Project Number 439228-1-52-01
SHEET PILING STEEL, F&I PERMANENT(CONTINUOUS FROM BEGIN TO END PROJEC $3,585,143 State Funds
CONCRETE CURB&GUTTER,TYPE F $217,350 State Funds
SHLDR CONC BARRIER WALL,RIGID SHLDR 54" $ 1,178,667 State Funds
CONCRETE SIDEWALK AND DRIVEWAYS,4" $253,299 State Funds
CONCRETE SIDEWALK AND DRIVEWAYS,6" $ 19,438 State Funds
PERFORMANCE TURF,SOD $`3,625 State Funds
4i�<•�
UTILITY PIPE,F&I,DI/CI,WATER/SEW,20-49.9 sF •yf$68,056 State Funds
PAVEMENT MARKING ' >.
9
SINGLE POST SIGN, F&I GROUND MOUNT, UP TO 12 SF `$?5,500 State Funds
4: w Z!
, w<. State Funds
da-THERMOPLASTIC,STANDARD-OPEN GRADED ASPHALT SURFACES<UVHITE,SOLID,6" $2,125,�Fhgl,
THERMOPLASTIC,STANDARD-OPEN GRADED ASPHALT SURFACES,WHITE,SKIP,s",
$ 1,530 State Funds
30 SKIP OR 3-9 LANE DROP
i �ZCi.
LIGHTING
�r
h Sr F� , C.7�
LIGHTING CONDUCTORS, F&I, INSULATED, NO 4 TO N.O 2 • `e ry4 `$31,000 State Funds
F
i 7,1114N„... fjC;,
r�k,
POLE CABLE DISTRIBUTION SYSTEM,CONVENTIONAL h> 4,4• y $ 10,022 State Funds
LIGHT POLE COMPLETE-SPECIAL'DESIGN, F&I,SINGLE ARM:SHOULDER MOUNT, $ 166,371 State Funds
ALUMINUM,40' 'von Ilk
r r C r! y,
SIGNALIZATION _ <err r
ELECTRICAL SERVICE . > x `4 r $325 State Funds
ELECTRICAU`POWER SERVICE, F&;,I, UNDERGROUND, METER PURCHASED BY
li $2,909 State Funds
CONTRACTOR
PRESTRESSED CONCRETE POLE, F&°I,TYPE P-fl SERVICE POLE $2,274 State Funds
NaF
MAST ARM, REMOVE SHALLOW FOUNDATION, BOLT ON ATTACHMENT $4,549 State Funds
k 4 :;.
MAST ARM,F&I,WIND SPEED 150,'SINGLE ARM-36 $24,463 State Funds
MAST ARM,F&I,WIND SPEED-150,SINGLE ARM-60 $33,644 State Funds
TRAFFIC SIGNAL,3 SECT., 1 WAY,ALUMINUM $3,790 State Funds
SIGNAL PEDESTRIAN (F&I)(LED)(1 WAY) $2,412 State Funds
LOOP DETECTOR INDUCTIVE, F& I,TYPE 9 $460 State Funds
LOOP ASSEMBLY, F&I,TYPE A $ 1,629 State Funds
PEDESTRIAN DETECTOR, F& I $416 State Funds
Page 15 of 25
Department Funded Agreement behveen the Florida Department of Transportation and the City of Miami Beach
Financial Project Number 439228-1-52-01
TRAFFIC CONTROLLER ASSEMBLY, 170, F&I $25,297 State Funds
TRAFFIC CONTROLLER ASSEMBLY, REMOVE CONTROLLER CABINET $ 1,819 State Funds
INTERNALLY ILLUMINATED SIGN,RELOCATE $ 1,889 State Funds
20%CONTINGENCIES $3,504,620 State Funds
MOBILIZATION(5%OF CONSTRUCTION COST) $876,155 State Funds
MAINTENANCE OF TRAFFIC(5%OF CONSTRUCTION COST) $,,876,155 State Funds
4.i4 T.
DEPARTMENT Responsibility _..�,�.,' `.
Air
$19,956,480
(Maximum Limiting Amount)>F.°h rk.'1.0,0,„,
MANHOLES,SPECIAL, BMP STRUCTURE,SLUICE GATE STRUCTURE,JUNCTION u�4 City of Miami
STRUCTURE>10' Y rky s ;A $255;000 Beach Funds
i '
JUNCTION BOXES,J-7,<10' ny V k k" City of Miami
h $ 142915
�« r Beach Funds
F4
JUNCTION BOXES,J-7,>10' `FF�.� , City of Miami
r4 4 <> $384,000
;,.::, Beach Funds
SHEET PILING STEEL, F&I PERMANENT(CONTINUOUS)FROM BEGIN TO END PROJEC City of Miami
Ik ta $1,536,490
, Beach Funds
7{ �E� a'_y t� �
k`4. - tti[rt gt.,f ,,
SHLDR CONC BARRIER WALL,RIGID SHLDR 54" r 111111%,,., xr City of Miami
$� $505,143
w Beach Funds
4a eh s'r'FF `r
DESIGN FEE-CONSTRUCTION SUPERVISION FEE City of Miami
x y
$2,576,452 Beach Funds
4r' �'
` 3�
y`4k,CITY OF MIAMI BEACH Responsibility $5,400,000
X k r
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Page 16 of 25
Department Funded Agreement between the Florida Department of Transportation and the City of Miami Beach
Financial Project Number 439228-1-52-01
EXHIBIT "C"
CITY OF MIAMI BEACH RESOLUTION
To be herein incorporated once approved by the CITY OF MIAMI BEACH Commission.
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Page 17 of 25
Department Funded Agreement between the Florida Department of Transportation and the City of Miami Beach
Financial Project Number 439228-1-52-01
EXHIBIT "D"
AUDIT REPORTS
The administration of resources awarded by the Department to CITY OF MIAMI BEACH 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.fi.us .
F'4`
MONITORING
In addition to reviews of audits conducted in accordance with OMB Circular A-l 33,;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 1,33, 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
limited scope audit of the recipient is appropriate, the recipient agrees to comply with `any additional
instructions provided by the Department staff to CITY OF1VIIAMI BEACH:.regarding such audit :CITY OF
4��Fy
MIAMI BEACH further agrees to comply and cooperate with any inspections, reviews, investigations, or
audits deemed necessary by the Department's Office of Inspector General(OIG) and Florida's Chief Financial
Officer(CFO)or Auditor General.
AUDITS
PART I: FEDERALLY FUNDED
Recipients of federal funds(i.e. state, local government or no*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 $500,000 or more in Federal awards in its fiscal year, the
recipient must have a single or program-specific audit conducted in accordance with the 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 byFtlie Auditor General in accordance with the provisions OMB Circular A-133, as
revised,,will meet the requirements of this part.
:4;N
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.
f y^
3. If the recipient expends less than $500,000 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. However, if the
recipient 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).
4. 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 18 of 25
Department Funded Agreement between the Florida Department of Transportation and the City of Miami Beach
Financial Project Number 439228-1-52-01
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
$500,000 in any fiscal year, 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 Department of
Financial Services and the CFO; and Chapters 10.550 (Local GovernmentalEntity Audits) or 10.650
�:�lF'- -'i:;Fq
(Florida Single Audit Act: Audits 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"assistance5expended in its fiscal year,
the recipient shall consider all sources of state financial assistance, including 5state financial assistance
received from the Department, other state agencies, and,,oth_er Anon-state entries. State financial
assistance does not include Federal direct or pass-through awards and resources received by a non-state
r<;,r
entity for Federal program matching requirements. ?k
2. In connection with the audit requirements addressed iniPart II, paragraph 1 of Exhibitr.,"D of this
Agreement, the recipient shall ensure that the audit complies with :;;the requirements of Section
215.97(7), Florida Statutes. This includes submission of alfancial 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. ,
i <, 4�44Y n�4 •
3. If the recipient expends less than $500,000 in'state;financial assistance;in its fiscal year, an audit
n 5 �, �� OFF�. �
conducted in accordance with the provisions of Section 5215 97, Florida Statutes, is not required.
However if the recipient elects to have an audit conducted4in�accordance with the provisions of Section
215.97,Florida Statutes,the cost of the audit must be paid from the non-state entity's resources(i.e.,the
cost of such an audit must bye paid from the 'recipient's resources obtained from other than State
entities).
`` r u� yeses
y,,
4. State awards are to be identified using,the Catalog Hof State Financial Assistance (CSFA) title and
'"� � ``�F�'�,Yuu r,t`
number,award number and year,andnname,of theFstate agency awarding it.
PART III :OTHER AUDIT REQUIREMENTS
` XT'` 's°`
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 records and audit work papers shall be given to the Department,the
Department of Financial Services, 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.
PART IV: REPORT SUBMISSION
Page 19 of 25
Department Funded Agreement between the Florida Department of Transportation and the City of Miami Beach
Financial Project Number 439228-1-52-01
1. 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
Office of Comptroller,MS 24
605 Suwannee Street
Tallahassee, Florida 32399-0405
FDOTSingleAudit@dot.state.fl.ush
r�$r
B. The Federal Audit Clearinghouse designated in OMB CircularA-133,. as revised (the number of
copies required by Sections .320 (d)(1) and (2), OMB Ciular`N 1133, as revised, should be
submitted to the Federal Audit Clearinghouse),at the following address: h
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street 5k` °
Jeffersonville IN 47132
C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f),
OMB Circular A-133,as revised.
F`4`F44 t-
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 ras revised, is not required to be submitted to the
Department for reasons pursuant to section 3420 (e)(2)�OM.B 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 directly to each of the following:
r .,�•',, f- c Yea
Florida Department of Transportation
Office of Comptroller,MS 24
4
605 Suwannee Street
�r F
Tallahassee Florida 32399-0405` � n
"'Email FDOTSingleAudit @dot sfate 11.us
rF
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F T
t In"xaddition, 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 tthe auditor,to the Department at each of the following addresses:
Florida Department of Transportation
Office of:Comptroller, MS 24
605 Suwannee Street
Tallahassee%Florida 32399-0405
Email: FDOTSingleAudit @dot.state.fl.us
3. Copies of financial reporting packages required by PART II of this agreement shall be submitted 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
Office of Comptroller,MS 24
605 Suwannee Street
Page 20 of 25
Department Funded Agreement between the Florida Department of Transportation and the City of Miami Beach
Financial Project Number 439228-1-52-01
Tallahassee,Florida 32399-0405
Email: FDOTSingleAudit @dot.state.fl.us
B. The Auditor General's Office at the following address:
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 directly to: "'s'r'`` -`:F,,:
�,F `yY
t 4F i,
A. The Department at each of the following addresses: ::<<4, ky 44:w:
Florida Department of Transportation k`°yxY
Office of Comptroller,MS 24
605 Suwannee Street <"`` �k
Tallahassee,Florida 32399-0405 44,...,:„.. '"'13:-;„t
Email: FDOTSingleAudit @dot.state.fl.us Sw> ,_
5. Any reports, management letter, or other information requiredto be submitted to the Department
pursuant to this agreement shall be submitted 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.
x .
, YZ
6. Recipients, when submitting financial reporting packages''''''..14 ,Q.:,,
toy,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 acCITY OF MIAMI BEACHing the
reporting package
PART V: RECORD RETENTION s>`4 t ,
X
A`5 C�K:,<cz k h r�� '
1. The recipient shallo retain sufficient records demonstrating its compliance with the terms of this
agreement for a period ofskat 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``tihe independent audit working papers are made available to the Department,or
its designee, the state CFO, orAuditor General upon request for a period of at least five years from the
date the audit r:.eport is issued,,,unless extended in writing by the Department.
k �{FF.
lee
A ,or
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Page 21 of 25
Department Funded Agreement between the Florida Department of Transportation and the City of Miami Beach
Financial Project Number 439228-1-52-01
EXHIBIT - 1
FEDERAL and/or STATE resources awarded to the recipient pursuant to this agreement should be listed below. If the
resources awarded to the recipient represent more than one Federal or State program,provide the same information for each
program and the total resources awarded. Compliance Requirements applicable to each Federal or State program should
also be listed below. If the resources awarded to the recipient represent more than one program, list applicable compliance
requirements for each program in the same manner as shown here:
• (e.g.,What services or purposes the resources must be used for)
• (e.g.,Eligibility requirements for recipients of the resources)
• (Etc...)
NOTE: Instead of listing the specific compliance requirements as shown above,the State`awarding agency may elect to use
language that requires the recipient to comply with the requirements of applicable provisions of specific laws, rules,
regulations, etc. The State awarding agency, if practical, may want to attach a copy y' of t
he specific law,rule, or regulation ulation
referred to. `- 1004
FEDERAL RESOURCES is` �'
Federal Agency Catalog of Federal Domestic Assistance(Number&Title) tik Amount
Compliance Requirements 1*"z:ya"�``
`QS4▪,0n"
STATE RESOURCES 'z m* nk r y
k
., J
State Agency Catalog of State Financial Assistance(Numbed&Title) F Amount
Florida Department of F � F▪` $19,956,480
,,g,,:,,,,'
Transportation
-fir``.< Fc1 z
Compliance Requirements
4:
2.
3.. `` . V x,, _-F.
l Y�-,k r` l',,,,,,,, ,,,,F
n1
Matching Resources:for Federal Programs eY
V:p- Ilif
r
Federal Agency ,_�^ ;Catalog of Federal Domestic Assistance(Number&Title) Amount
Y
cl`,Yk'FZ:'r:Cy,
Compliance Requirements , y'
1.
2.
3.
NOTE: Section .400(d) of OMB Circular A-133, as revised, and Section 215.97(5)(a), Florida Statutes, require that
the information about Federal Programs and State Projects included in Exhibit 1 be provided to the recipient.
Page 22 of 25
Department Funded Agreement between the Florida Department of Transportation and the City of Miami Beach
Financial Project Number 439228-1-52-01
EXHIBIT "E"
STANDARDS AND SPECIFICATIONS
All maps, plans and designs are to be prepared with English values in accordance with all applicable
current DEPARTMENT manuals, memorandums, guidelines including but not limited to:
General
o 29 CFR, Part 1910.1101 —Asbestos Standard for Industry, U.S. Occupational
Safety and Health Administration (OSHA)
o 29 CFR, Part 1926, 1101 —Asbestos Standard for Construction, OSHA
o 40 CFR, Part 61, Subpart M -National Emission Standard for Hazardous Air
Pollutants (NESHAP), Environmental Protection Agency (EPA)
�f�` 7 PG'Y'C.
o 40 CFR, Part 763, Subpart E—Asbestos-Containing Materials�in�Sch ools EPA
yF <`��K' Y .
o 40 CFR, Part 763, Subpart G��Asbestos Worker.Protection, EPA
o Americans with Disabilities Act Accessibility Guidelines (ADAAG)
o Any special instructions from the DEPARTMENT
o Bicycle Facilities Planning,and Design Marival,,<
��
o CADD Manual ?
o CADD Production Criteria Handbook 4•``
o Ch. 469, F.S. —Asbestos Abatement,florida Department of Business and
Professional Regulation (DBPR) '``
o Ch. 62257,4F A-C. —Asbestos Program, Florida Department of Environmental
Protection(DEP)
o Code of Federal`R"egulations
o Design Traffic Procedure
oo fi Equivalentffingle'AxleLoadkGuidelines
h ox Florida Administrative Codes
o Florida Departmentof Business & Professional Regulations Rules
o Florida Department`:of Environmental Protection Rules
ti o Florida Department of Transportation Basis of Estimates Manual
�4o Florida Department of Transportation Design Standards for Design, Construction,
Maintenance, and Utility Operations on the State Highway System
4 x Y
o Florida Department of Transportation Instructions for Structures Related Design
Standards
o Florida Department of Transportation Handbook for Preparation of Specifications
Package
o Florida Department of Transportation Materials Manual
o Florida Department of Transportation Plans Preparation Manual
o Florida Department of Transportation Project Development and Environmental
Manual
o Florida Department of Transportation Standard Specifications for Road and
Bridge Construction
o Florida Statutes
o Florida's Level of Service Standards and Guidelines Manual for Planning
Page 23 of 25
Department Funded Agreement between the Florida Department of Transportation and the City of Miami Beach
Financial Project Number 439228-1-52-01
o K-Factor Estimation Process
o Manual of Uniform Minimum Standards for Design, Construction, and
Maintenance for Streets and Highways
o Model Guide Specifications—Asbestos Abatement and Management in
Buildings,National Institute for Building Sciences (NIBS)
o Policy for Geometric Design of Highways and Streets
o Project Traffic Forecasting Guidelines
o Quality Assurance Guidelines
o Rule 61G17-6, F.A.C., Minimum Technical Standards;.Rfor Professional Surveyors
and Mappers ¢� t ,
! fit'
o Safety Standards
Vk Y4 F V
o Utility Accommodations Guidelines h ,�FF
EF
,, ,
Permits q.m.%
7 �C -k\
k
h C
o Chapter 373, F.S. Nix,.:,,,,,,,,
r r 44 �y
k ,c„ Ci F Frl Fy,�k .;�
Na-},, 7 h 3 ix #'Drainage s' _ `3�-5' '
��, sky `
o Cross Drain =x
o Drainage Handbooks x�
,cat FJ
fi
o Drainage Manual �fi `',,,4,,,,,,,,,,,,,;-::,„ 'v. %;: kr
o Erosion and Sediment Control o` F` kF F
o Hydrology �xr ,,
V k,4C
fi Cam- fi
k F. ��k kk�.. ,rs,.
o Optional Pipe Materials
Y.
o Storm Drain ' fi
o Stormwater Management Facility x4R 4F
o Temporary RDrainage Handbook !
r,
! C Cr F k 5
,,,"k� i c F .r
Survey'andMappng fi
hF o All applicable Florida Statutes and Administrative Codes
' �`� Lek
k� , o Applicable Rules, Guidelines Codes and authorities of other Municipal, County,
k State and Federal Agencies.
kF �� E4 t
-eici FDOT Aerial'Surveying Standards for Transportation Projects Topic 550-020-002
o FDOT Right of Way Mapping Handbook
r
o FD..O :;Surveying Procedure Topic 550-030-101
F-..F -i;if`
o Florida Department of Transportation Right of Way Procedures Manual
o Florida Department of Transportation Surveying Handbook
o Right of Way Mapping Procedure 550-030-015
Traffic Operation Manuals
o AASHTO -An Information Guide for Highway Lighting
o AASHTO - Guide for Development of Bicycle Facilities
o American Disabilities Act
o Federal Highway Administration Manual on Uniform Traffic Control Devices
(MUTCD)
Page 24 of 25
Department Funded Agreement between the Florida Department of Transportation and the City of Miami Beach
Financial Project Number 439228-1-52-01
o Federal Highway Administration Standard Highway Signs Manual
o FHWA - Roundabouts: An Informational Guide
o Florida Department of Transportation- Florida Roundabout Guide
o Florida Department of Transportation Manual on Uniform Traffic Studies
(MUTS)
o Florida Department of Transportation Median Handbook
o Florida Department of Transportation Traffic Engineering Manual
o Minimum Specifications for Traffic Control Signal Devices
o National Electric Safety Code
o National Electrical Code
Sr;
Structures w`>
S k Yu r
o AASHTO LRFD Bridge Design Specifications and Interims
h>k $
o AASHTO Standard Specifications for Structural SupportsYfor Highway Signs,
Luminaires and Traffic Signals, and Interims
o Florida Department of Transportation Structures Manual '4 4
o Florida Department of Transportation Structures Design Office Temporary
Design Bulletins (available on Florida�Department of Transportation Structures
web site only) 1111
F
o Florida Department of,Transportation Preferred Details (available on Florida
Department of Transportation Structures web site only)
v4 $
Geotechnical
M
o FHWcklist.and Guidelines for Review
A•Che of Geotechnical Reports and
Preliminary Specifications
o Manual of Florida Sampling ands. esting Methods
�Fn�
o Soils and Foundation Handbook
4 F'
Page 25 of 25
Department Funded Agreement between the Florida Department of Transportation and the City of Miami Beach
Financial Project Number 439228-1-52-01