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Department Funded Agreement with FDOT 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 day of , 2016,between the State of Florida DEPARTMENT of Transportation, an agency of the executive branch of the State of Florida, hereinafter referred to as the `DEPARTMENT,' and the City of Miami Beach, a municipal corporation of the State of Florida, existing under the Laws of the State of Florida, hereinafter referred to as the `CITY'. RECITALS.: WHEREAS, the DEPARTMENT has jurisdiction over and maintains the State Road (S.R.) Al A/ Indian Creek Drive corridor within the CITY; and WHEREAS, the DEPARTMENT has drafted concept plans for the construction of roadway and drainage improvements on S.R. A1A/ Indian Creek Drive from 41st Street to 26th Street (M.P. 1.034 to M.P. 0.232), hereinafter referred to as the `PROJECT'.as generally defined in the attached Exhibit"A," `Scope of Services', incorporated herein by reference; and WHEREAS, the DEPARTMENT represents to the CITY that: 1.) it has programmed under its tentative FY16/17 work program, funding for the PROJECT under Financial PROJECT Number 439228-2-58-01; 2.)intends to adopt same as of FY16/17;and 3.)has agreed to reimburse the CITY for actual eligible PROJECT costs, as outlined in the attached Exhibit "B," `Financial Summary,' incorporated herein by reference; and WHEREAS, the CITY has agreed to design, develop and construct, the PROJECT, as hereinafter set forth in this Agreement; and WHEREAS,the parties hereto mutually recognize the need for entering into an Agreement designating and setting forth the responsibilities of each party; and Page 1 of 36 DEPARTMENT Funded Agreement between the Florida DEPARTMENT of Transportation and the CITY Financial PROJECT Number 439228-2-58-01 WHEREAS, the parties are authorized to enter into this Agreement pursuant to Section 339.08(e) and 339.12, Florida Statutes (F.S.); 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 AND OBLIGATIONS OF THE PARTIES AS SUCH MAY BE AMENDED FROM TIME TO TIME a. The CITY shall procure, or otherwise retain, the services of a licensed contractor, or contractors, in accordance with Florida Statutes and CITY laws (as codified in the Code of the City of Miami Beach, as some may be amended from time to time), to design, develop, and construct the PROJECT. The CITY intends to utilize the following contracts: (i.) an existing competitively bid contract procured pursuant to CITY Invitation to Bid No. 2015-267-KB for the construction of the seawalls portion of the PROJECT and competitively bid contracts through the National Joint Powers Alliance for (1) the public involvement advisories and coordination with the public and (2) for the construction of the storm drainage system portion of the PROJECT; and (ii) the following contracts procured in accordance and compliance with Section 287.055, Florida Statutes: (1) Universal Engineering Sciences, Inc. - Project geotechnical report (2) Atkins North America, Inc. Formerly PBS&J, Inc. -Project survey (3) Stantec Consulting Services, Inc. -Environmental permits and benthic and shoreline survey (4) Ribbeck Engineering Inc. -Preparation of DCP package and coordination with the Department (5) Bolton Perez and Associates, Inc. -Assist Ribbeck Engineering in the preparation of DCP package and coordination with the Department. For the remainder of the PROJECT,the CITY shall competitively procure a Design- Build maximum bid contract (hereinafter"the Design-Build Contract"), in accordance and compliance with Section 287.055, Florida Statutes. The CITY shall ensure that the design-build criteria package is inclusive of the applicable DEPARTMENT standards and specifications set forth in the attached Exhibit "E,"incorporated herein by reference, and shall further provide the proposed design criteria Page 2 of 36 DEPARTMENT Funded Agreement benveen the Florida DEPARTMENT of Transportation and the CITY Financial PROJECT Number 439228-2-58-01 package to the DEPARTMENT for review and approval,prior to the CITY proceeding with the procurement of the Design-Build Contract. b. The CITY shall deliver all phases of the PROJECT, as generally defined in Exhibit "A," `Scope of Services', including, without limitation, design, development, construction,onsite and off-site field and laboratory sampling and testing, and Construction Engineering Inspection (CEI) services. The CITY shall administer, supervise, implement, evaluate and inspect all aspects of the PROJECT until completion, and in accordance and compliance with the attached Exhibit "F," incorporated by reference herein, shall, prior to commencement of construction,provide the necessary PROJECT Construction Engineering Inspection(CEI) services for all work within DEPARTMENT right of way. Any change to the Scope of Services shall require an amendment, approved by the parties in accordance with the provisions of Paragraph 12 of this Agreement. c. The construction and administration of the portion of the PROJECT ((i) within the public's right of way, and (ii) under FDOT's jurisdiction shall be subject to the DEPARTMENT standards and specifications set forth in Exhibit "E." For all work within DEPARTMENT right of way, the CEI minimum staffing requirements shall comply with the DEPARTMENT's provisions as set forth in Exhibit "F". Construction operations and materials incorporated in the PROJECT must be in compliance with the FDOT Standard Specifications for Road and Bridge Construction (including all modifications, such as supplemental and special provisions). Materials will be sampled, tested and inspected in accordance with the FDOT Standard Specifications, at FDOT's Materials Laboratory,using the Sampling Testing and Reporting Guide (STRG) as a guide and the FDOT construction Project Administration Manual (Topic No. 700-000-000). The CITY shall be responsible for all PROJECT level inspection,verification testing, and assuring all data are entered into the DEPARTMENT's Materials database. d. The CITY shall not execute any contract, or obligate itself in any manner requiring the disbursement of DEPARTMENT funds,with any consultant or contractor with respect to the PROJECT, without the prior written approval of the DEPARTMENT,which approval shall not be unreasonably withheld,conditioned,or delayed. The DEPARTMENT specifically reserves the right to review (which review shall not be unreasonably withheld, conditioned or delayed) the qualifications of any PROJECT consultant or contractor and to approve or disapprove CITY's retention of same. Funds reasonably expended by the CITY for any work fundamental to this PROJECT (which work, may include, without limitation surveying, seawall construction, and drainage work) will be counted toward the CITY's "maximum limiting amount," as defined in Paragraph 3(c) of this Agreement, if said expenditures are for actual "eligible PROJECT costs," as such term is defined in Exhibit «B „ e. The CITY's attorney shall certify to the DEPARTMENT that the process utilized by the CITY in procuring any consultant for engineering, architecture, or surveying services for the PROJECT is in compliance with the provisions of Section 287.055, Florida Statutes, including but not limited to, the contracts referenced in Paragraph 2(a)(ii) of this Agreement. Subject to receipt of the above described certification, the DEPARTMENT will approve the CITY's proposed use, as represented by the CITY, of each the contracts Page 3 of 36 DEPARTMENT Funded Agreement between the Florida DEPARTMENT of Transportation and the CITY Financial PROJECT Number 439228-2-58-01 identified in Paragraph 2(a)(ii). The DEPARTMENT will only provide reimbursement for expenditures incurred by the CITY for engineering, architecture, or surveying services for • the PROJECT, if the expenditures are provided pursuant to contracts procured in compliance with Section 287.055 F.S. Eligible expenditures incurred under contracts which are not procured in compliance with the provisions of Section 287.055 F.S. will not be reimbursed, but will still be counted towards the CITY's "maximum limiting amount," as such term is defined in Paragraph 3(c) of this Agreement. f. The CITY's attorney shall further certify to the DEPARTMENT, for purposes of any agreement pursuant to which the CITY will incur expenditures for which the CITY will seek reimbursement under this Agreement or for which the CITY will incur expenditures to be counted towards the CITY's "maximum limiting amount" that the purchase of such goods or services is in compliance with the applicable provisions of the City's Procurement Ordinance, as codified in Chapter 2,Article VI, Sections 2-311 through 2-410 of the Code of the City of Miami Beach (the "City's Code"), and with all other applicable CITY laws governing the CITY's procurement ("applicable CITY laws"). The DEPARTMENT will only provide reimbursement for expenditures of such goods and services incurred by the CITY under contracts entered into in compliance with the City's Code and applicable CITY laws. Eligible expenditures for such goods and services incurred under contracts which are not entered into in compliance with the provisions of the City's Code and applicable CITY laws will not be reimbursed, and will not be counted towards the CITY's "maximum limiting amount," as such term is defined in Paragraph 3(c) of this Agreement. Subject to receipt of the above described certification, the Department will approve the CITY's proposed use, as represented by the CITY,of an existing CITY contract which was competitively procured pursuant to CITY Invitation to Bid No. 2015-267-KB, and of existing CITY contracts which embody ("piggy-back") the terms of competitively bid contracts procured through the National Joint Powers Alliance, as further stipulated in Paragraph 2(a)(i) of this Agreement. The use of all other contracts must be approved in accordance with Paragraph 2 (e) of this Agreement. g. This Agreement and any interest herein shall not be assigned,transferred or otherwise encumbered by the CITY under any circumstances without prior written consent of the DEPARTMENT, which consent shall be within the DEPARTMENT's sole discretion. h. The CITY shall comply with all federal,state,and local laws and ordinances applicable to work or payment of work hereof, and will not discriminate on the grounds of race, color,religion, sex,national origin,age or disability in the performance of work under this.Agreement. i. The CITY agrees to comply with Section 20.055(5),F.S., and to incorporate in all PROJECT contracts the obligation to comply with Section 20.055(5), F.S., which requires the cooperation with the inspector general in any investigation, audit, inspection, review, or hearing pursuant to Section 20.055, F.S. j. The DEPARTMENT grants to the CITY, and its agents, employees, consultants and contractors, a Right of Entry on the DEPARTMENT's right of ways within Page 4 of 36 DEPARTMENT Funded Agreement between the Florida DEPARTMENT of Transportation and the CITY Financial PROJECT Number 439228-2-58-01 the PROJECT limits, for any and all purposes in connection with the CITY's design, development and construction of the PROJECT. This Right of Entry shall be limited to the Term of this Agreement and is not intended to create any property rights in the CITY. 3. PROJECT COST, DEPARTMENT PARTICIPATION AND PROJECT COST ELIGIBILITY a. The total estimated cost of the PROJECT is TWENTY FIVE MILLION FOUR HUNDRED AND EIGHT THOUSAND FOUR HUNDRED AND NINETY THREE and 00/100 DOLLARS ($25,408,493.00), as set forth in Exhibit`B"hereto. b. The DEPARTMENT agrees to a maximum participation for actual eligible costs in the PROJECT, including contingencies but excluding any amendments approved by the parties pursuant to Article 12 of this Agreement, in the amount of TWENTY MILLION EIGHT THOUSAND FOUR HUNDRED AND NINETY THREE AND 00/100 DOLLARS ($20,008,493.00), as set forth in Exhibit `B" hereto (the DEPARTMENT's "maximum limiting amount"). Any work performed prior to the Effective Date shall not be eligible for reimbursement. However, actual eligible PROJECT costs incurred by the CITY prior to the Effective Date will still be counted towards the CITY's "maximum limiting amount," as defined in Paragraph 3(c) of this Agreement, regardless of whether such costs have been incurred prior to the date of this Agreement. Supporting documentation must be provided by the CITY to substantiate such costs, and to substantiate receipt of the Deliverables, as that term is defined in Paragraph 5(c) of this Agreement. Supporting documentation shall be of the same type that would be required under this Agreement for the purpose of reimbursement, and the Deliverables must comply with the standards required by this Agreement. c. The CITY agrees to a maximum participation in the PROJECT, including contingencies but excluding any amendments approved by the parties pursuant to Article 12 of this Agreement, in the amount of FIVE MILLION FOUR HUNDRED THOUSAND AND 00/100 DOLLARS ($5,400,000.00.), as set forth in Exhibit `B" (the CITY's "maximum limiting amount"). d. The DEPARTMENT agrees to reimburse the CITY for the completion of the PROJECT (which PROJECT the CITY and DEPARTMENT hereby agree shall be deemed "complete" if delivered by the CITY substantially in accordance with the DEPARTMENT approved Project Design Plans (PDP), as set forth in Paragraphs 7(c) and 7(f) of this Agreement, up to the DEPARTMENT'S maximum limiting amount, and if all conditions required for fmal acceptance of the PROJECT, as set forth in the DEPARTMENT's Standard Specifications for Road and Bridge Construction, have been met. Reimbursement shall be in accordance to, and in compliance with, the payment provisions of Paragraphs 4 and 5 of this Agreement. It is understood that utility relocation and utility relocation related work is outside the Scope of Services(as generally defined in Exhibit "A") for the PROJECT, and the DEPARTMENT shall not pay, nor be billed for, costs for utility relocation related work, unless otherwise agreed to by the parties, by amendment in accordance with the provisions of Paragraph 12 of this Agreement. It is further understood that the Design-Build Contract shall only require the Design-Build Page 5 of 36 DEPARTMENT Funded Agreement between the Florida DEPARTMENT of Transportation and the CITY Financial PROJECT Number 439228-2-58-01 Contractor to utilize the services of law enforcement officers when required by the DEPARTMENT'S Standard Specifications for Road and Bridge Construction. If the CITY requires the Design-Build Contractor to utilize additional services of law enforcement officers, beyond the requirement included in the DEPARTMENT's standard specifications, then the CITY shall be solely liable for payment of the additional services (unless otherwise agreed to by the parties by written amendment in accordance with Paragraph 12 of this Agreement), and any costs incurred by the CITY for such services shall not count towards the CITY's "maximum limiting amount,"as defined in Paragraph 3(c) of this Agreement. It is also understood and agreed that, except for any DEPARTMENT permit requirement for work on state right of way, the DEPARTMENT shall not participate in the cost of services of law enforcement officers outside the Design- Build Contract, and shall therefore not be responsible for the cost of services of law enforcement officers in any other CITY construction contract, and the costs of such services shall not count towards the CITY's "maximum limiting amount", as defined in Paragraph 3(c) of this Agreement. e. The DEPARTMENT and the CITY shall have the joint responsibility for resolving claims and requests for additional work for the PROJECT. The responsibility for payment of claims and/or requests for additional work shall be allocated equitably between the CITY and the DEPARTMENT. In determining the equitable allocation of the parties' respective payments obligations, the parties shall consider the following: (i.) their respective proportionate share percentages in the costs of the PROJECT(to wit: 78.7% for the DEPARTMENT and 21.3%for the CITY); (ii.)the benefits to their respective facilities resulting from the additional work and materials; and (iii.) their respective responsibility for the condition or circumstances giving rise to the claim or additional work.. The parties' settlement of claims and/or authorization of requests for additional work and materials shall be memorialized by an amendment, in accordance with the provisions of Paragraph 12 of this Agreement. Costs incurred for payment of claims shall not count as contributions towards the parties' respective maximum limiting amounts. The DEPARTMENT shall not participate in additional PROJECT costs related to design changes not agreed to in writing by the DEPARTMENT in the DEPARTMENT approved Project Design Plan(PDP), or related to design errors. f. In the event that the Design-Build Contract price exceeds the DEPARTMENT's official cost estimate for the portion of the PROJECT corresponding to the scope of the Design-Build Contract either party may require the rejection of the Contract and the parties shall be relieved of further responsibility under this Agreement. If the parties opt to proceed with the Design-Build Contract, then this Agreement shall be amended to reflect the parties' revised financial participation, by written amendment in accordance with the provisions of Paragraph 12 of this Agreement. In the event that the Design-Build Contract price results in a cost lower than the official cost estimate for the portion of the PROJECT corresponding to the scope of the Design-Build Contract, the parties agree that any such cost savings shall be proportionately allocated between the parties. The parties further agree that this Agreement shall be amended, in accordance with the provisions of Paragraph 12 of this Agreement, to reduce Page 6 of 36 DEPARTMENT Funded Agreement between the Florida DEPARTMENT of Transportation and the CITY Financial PROJECT Number 439228-2-58-01 the parties' maximum limiting participation in their proportionate share of the savings (to wit: 78.7% to the DEPARTMENT and 21.3% to the CITY). For purposes of this Agreement, the official cost estimate shall be the Design-Build Contract cost estimate prepared by the CITY(using the DEPARTMENT format for such estimates),and approved by the Department. 4. INVOICING Monthly progress payments shall be paid to the CITY pursuant to invoices submitted for reimbursement of actual eligible PROJECT costs incurred by the CITY. Such invoices shall be submitted in accordance and compliance with the provisions set forth in Paragraph 5 of this Agreement. The CITY shall provide to the DEPARTMENT a copy of the fully executed contracts described in Paragraph 2(a) of this Agreement. The CITY shall not invoice the DEPARTMENT for items not included in the Scope of Services, as generally described in Exhibit"A" hereto (such as utility relocation work, or enhanced PROJECT law enforcement services), unless otherwise agreed to by the parties by amendment, in accordance with Paragraph 12 of the Agreement. The CITY shall provide to the DEPARTMENT a statement from the CITY's PROJECT Manager certifying that the goods and services to be paid under the invoice have been satisfactorily completed and delivered in accordance with the DEPARTMENT approved PDP and,where applicable,in conformance with the standards and specifications set forth in Exhibit"E" herein. The DEPARTMENT agrees to pay invoices submitted by the CITY, for actual eligible PROJECT costs incurred by the CITY, at 78.7% of the invoiced amount, or at a higher rate (up to 100%) to the extent that a higher percentage rate is necessary to bring the DEPARTMENT's participation for actual eligible costs in the PROJECT to its proportionate share (78.7%), after considering any non-billable actual eligible costs incurred by the CITY prior tothe Effective Date . Expenditures for items added to the Scope of Services in Exhibit"A"shall not be considered in computing the percentage share of eligible PROJECT costs incurred by the parties, unless expressly added to such Scope of Services by written amendment in accordance with the provision of Paragraph 12 of this Agreement. The CITY shall be required to submit the final invoice on this PROJECT to the DEPARTMENT within one hundred twenty(120) days after the expiration of the Term of this Agreement. The final invoice for the PROJECT shall likewise be subject to the certification provision of this Paragraph 4, and to the Standard Financial Provisions of Paragraph 5 below. 5. STANDARD FINANCIAL PROVISIONS a. The DEPARTMENT agrees to reimburse the CITY, up to the DEPARTMENT's maximum limiting amount of $20,008,493.00, for all actual eligible Page 7 of 36 DEPARTMENT Funded Agreement between the Florida DEPARTMENT of Transportation and the CITY Financial PROJECT Number 439228-2-58-01 PROJECT costs incurred by the CITY, afterthe Effective Date , for delivery of the PROJECT, in accordance with the DEPARTMENT approved Project Design Plan ("PDP"). The total estimates of the PROJECT costs are included in Exhibit `B." Reimbursement shall be made in accordance with the financial provisions and invoicing provisions, and in accordance with this Agreement. b. The CITY 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 439228-2-58-01, and the quantifiable, measurable, and verifiable units of deliverables shall consist of services and materials required to deliver the PROJECT in accordance with the DEPARTMENT approved PDP. c. Invoices shall be submitted by the CITY in detail sufficient for a proper pre- audit and post audit based on the quantifiable, measurable and verifiable units of deliverables, as generally described in Exhibit"A"—`Scope of Services' and in accordance with the approved PDP (the"Deliverables") . Deliverables must be received and accepted in writing by the DEPARTMENT's PROJECT Manager prior to payments, which review and acceptance shall not be unreasonably withheld, conditioned, or delayed. d. Supporting documentation must establish that the Deliverables were received and accepted in writing by the CITY, and must also establish that the required minimum level of service to be performed, based on the criteria for evaluating successful completion of the PROJECT Deliverables were met. e. There shall be no reimbursement for travel expenses under this Agreement. f. 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. If the DEPARTMENT determines that the performance of the CITY is unsatisfactory, the DEPARTMENT shall notify the CITY of the deficiency to be corrected,which correction shall be made within a time-frame to be specified by the DEPARTMENT. The CITY shall, within five days after notice from the • DEPARTMENT, provide the DEPARTMENT with a corrective action plan describing how the CITY will address all issues of contract non-performance, unacceptable performance, and failure to meet the minimum performance levels, deliverable deficiencies, or contract non-compliance. If the corrective action plan is unacceptable to the DEPARTMENT, the CITY shall be assessed a non-performance retainage equivalent to 10% of the total invoice amount. The retainage shall be applied to the invoice for the then-current billing period. The retainage shall be withheld until the CITY resolves the deficiency. If the deficiency is subsequently resolved, the CITY may bill the DEPARTMENT for the retained amount during the next billing period. If the CITY is unable to resolve the deficiency, the funds retained may be forfeited at the end of the Agreement's term. (Section 287.058(1) (h), F.S.). Page 8 of 36 DEPARTMENT Funded Agreement between the Florida DEPARTMENT of Transportation and the CITY Financial PROJECT Number 439228-2-58-0! The CITY providing goods and services to the DEPARTMENT should be aware of the following time frames. Inspection and approval of goods or services shall take no longer than five (5) business days unless the bid specifications, purchase order, or contract specifies otherwise. The DEPARTMENT has twenty(20)business days to deliver a request for payment(voucher)to the DEPARTMENT of Financial Services. The twenty (20) business days are measured from the latter of the date the invoice is received or the goods or services are received, inspected, and approved. (Section 215.422(1), F.S.). If a payment is not available within forty (40) business 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. Interest penalties of less than one (1) dollar will not be enforced unless the CITY requests payment. Invoices that have to be returned to CITY because of CITY 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. (Section 215.422(3) (b), F.S.) A Vendor Ombudsman has been established within the DEPARTMENT of Financial Services. The duties of this individual include acting as an advocate for CITY who may be experiencing problems in obtaining timely payment(s) from a CITY. The Vendor Ombudsman may be contacted at (850) 413-5516. (Section 215.422(5) and (7), F.S.) g. 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 and records shall be furnished to the DEPARTMENT upon request. Records of costs incurred include the CITY'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.S.) h. 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),F.S., 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 Page 9 of 36 DEPARTMENT Funded Agreement between the Florida DEPARTMENT of Transportation and the CITY Financial PROJECT Number 439228-2-58-01 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$25,000.00 and which have a term for a period of more than 1 year." i. The DEPARTMENT's obligation to pay is contingent upon an annual appropriation by the Florida Legislature. (Section 216.311, F.S.) J. The CITY and the DEPARTMENT acknowledge and agree to the following: i. The CITY shall utilize the U.S. DEPARTMENT of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the CITY during the term of the contract; and ii. The CITY shall 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. (Executive Order Number 2011-02). 6. AUDITS The administration of State resources awarded through the DEPARTMENT to the CITY by this Agreement may be subject to audits and/or monitoring by the DEPARTMENT. The requirements set forth in Exhibit "D" herein do 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 state CITY inspector general, the State of Florida Auditor General, or any other state official. The CITY shall comply with all audit and audit reporting requirements as specified Exhibit • «D „ 7. ADDITIONAL OBLIGATIONS OF THE CITY a. The CITY shall be responsible for assuring that the PROJECT complies with all applicable Federal, State and local laws, rules, regulations, guidelines and standards. • Page 10 of 36 DEPARTMENT Funded Agreement between the Florida DEPARTMENT of Transportation and the CITY Financial PROJECT Number 439228-2-58-0 I b. The CITY is authorized to enter into this Agreement, pursuant to a Resolution approval by the CITY Commission Agreement. A copy of said Resolution is attached hereto as Exhibit"C," and is herein incorporated by reference. c. Upon receipt of the PROJECT Design Plans ("PDP") by the CITY, or any portion thereof, the CITY shall submit the PDP to the DEPARTMENT for review and approval. The DEPARTMENT shall have a period of fourteen (14) business days from the date that the CITY submits the PDP to the DEPARTMENT for review and comment ("Comment Due Date", for purposes of this Agreement, business days shall exclude weekends and DEPARTMENT observed holidays).The CITY shall address any concerns of the DEPARTMENT pertaining to the PDP. The DEPARTMENT shall provide a final approval of the PDP once the CITY has addressed the DEPARTMENT's comments. PROJECT construction shall not commence until the DEPARTMENT has given approval of the PDP, such approval shall not be unreasonably withheld, conditioned, or delayed. In the event of any major modifications to the DEPARTMENT approved PDP, the CITY shall submit such proposed modified plans to the DEPARTMENT for review and approval. In the event that any Major Modifications are required during construction, the CITY shall immediately notify the DEPARTMENT prior to implementing the same, and the parties shall cooperate to review the matter in a timely manner so that the timely construction schedule of the PROJECT is not affected. A"Major Modification" is any modification that materially alters the kind or nature of the work depicted in the approved PDP, or that alters the integrity or maintainability of the roadway improvements or related components.The DEPARTMENT shall have a period of fourteen (14) business days from the date that the CITY submits proposed then modified plans for review and comment. The DEPARTMENT shall not unreasonably withhold,condition,or delay its approval to a proposed Major Modifications to the PDP. If approved by the DEPARTMENT, any and all such approved Major Modifications shall be deemed to be incorporated into, and shall become part of, the DEPARTMENT approved PDP. d. The CITY shall require its construction contractors to maintain, at all times during the PROJECT construction, Commercial General Liability insurance providing continuous coverage for all work or operations performed under the construction contract(s). 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 Form CG 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 the DEPARTMENT's Standards and Specifications for Road and Bridge Construction, as amended from time to time. The CITY shall further cause its contractors 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. Page 11 of 36 DEPARTMENT Funded Agreement between the Florida DEPARTMENT of Transportation and the CITY Financial PROJECT Number 439228-2-58-01 e. To the extent provided by Florida law, and without waiving any limitations on the City's liability under Florida law (including without limitation, Section 768.28 F.S.), the CITY 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 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 hereunder, to the extent and within the limitations of Section 768.28,Florida Statutes.The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Florida Statutes, Section 768.28, nor shall the same be construed to constitute agreement by the CITY to indemnify the DEPARTMENT for the negligent acts or omissions of the DEPARTMENT, its officers, agents or employees. Nothing herein shall be construed as consent by the CITY or the DEPARTMENT to be sued by third parties in any manner arising out of this Agreement. f. Prior to commencement of the construction work on the Design Build Contract, the DEPARTMENT must approve the PDP, and the CITY shall provide notice to the DEPARTMENT. The CITY agrees that the DEPARTMENT may, at reasonable times during the construction of the PROJECT, inspect the PROJECT construction site, and perform such tests as are reasonably necessary to determine whether the goods or services required to be provided by the CITY'S construction contractors,pursuant to their agreements with the CITY, conform to the terms of said agreements. Furthermore, upon completion of construction, the CITY shall invite the DEPARTMENT on a final inspection of the PROJECT,and will incorporate those DEPARTMENT concerns that are within the scope of the PROJECT construction contracts, into the fmal PROJECT punch lists with the CITY contractors. The DEPARTMENT shall have the right to inspect and to perform tests, but not the obligation to do so. This provision shall not be construed to alter the CITY's obligation to perform construction engineering inspections and testing of the PROJECT under this Agreement. g. The CITY shall be required to obtain all necessary permits for the PROJECT from pertinent governmental agencies, prior to commencing construction of the PROJECT. h. Upon completion of all work related to construction of the PROJECT, the CITY will be required to submit to the DEPARTMENT final as-built plans for the PROJECT improvements and an engineering certification that construction was completed in accordance with the approved PDP. Additionally, the CITY shall vacate those portions of the DEPARTMENT's right-of-way used to construct the PROJECT,and shall remove the CITY's and/or its contractors',property,machinery,and equipment from said portions of the DEPARTMENT's right-of-way. Furthermore,the CITY shall restore those portions of the DEPARTMENT right-of-way damaged by PROJECT construction activities to the same or better condition than that which existed immediately prior to commencement of the construction of the PROJECT. 8. MAINTENANCE OBLIGATIONS Page 12 of 36 DEPARTMENT Funded Agreement between the Florida DEPARTMENT of Transportation and the CITY Financial PROJECT Number 439228-2-58-01 During construction, maintenance in the State right of way, within the PROJECT limits,shall be the responsibility of the CITY's contractors,commencing as of the first date of construction. Upon final completion of the PROJECT, the CITY will be required to maintain, at its sole cost and expense, any storm water pump stations, pollution control structures and injection wells, which may be constructed as part of the PROJECT, and the DEPARTMENT shall maintain all other roadway features on the State right-of-way to, at a minimum, include roadway, catch basins, seawalls, pipes, guardrails, and street lights. During the design phase of the PROJECT, the CITY shall enter into a Maintenance Memorandum of Agreement with the DEPARTMENT to address the CITY's maintenance obligations for the storm water pump stations, pollution control structures and injection wells, and any related components, except for the catch basins and pipes on the State right of way. 9. TRAFFIC SIGNALIZATION IMPROVEMENTS The parties acknowledge that, pursuant to the Traffic Signal Maintenance and Compensation Agreement(the"Traffic Signal Agreement")between the DEPARTMENT and Miami-Dade County (the "COUNTY"), the COUNTY is the operational and maintaining agency of the traffic signals or signal systems (collectively "traffic signalization improvements")on the State Highway System, and the DEPARTMENT shall assign the operation and maintenance obligations of the PROJECT traffic signalization improvements to the COUNTY in accordance with the terms of the Traffic Signal Agreement. As such, the parties agree as follows: (a) The CITY shall submit the PDP to the COUNTY for the sole purposes of allowing the COUNTY to review and approved the PROJECT traffic signalization improvements; (b) The CITY shall invite the COUNTY on the final inspection of the PROJECT traffic signalization improvements. The COUNTY shall have the opportunity to inspect and request modifications or corrections to the installation of the traffic signalization improvements, and the CITY shall undertake those modifications or corrections prior to p � p the final acceptance of the same, so long as the modifications or corrections comply with the terms of the Traffic Signal Agreement, and the signal plans and specifications previously approved by the parties and the COUNTY. 10. ADDITIONAL REMEDIES In addition to any other remedies provided hereunder, in the event that the CITY is in default of this Agreement and, following written notice from the DEPARTMENT, the CITY fails to cure any such default within the cure period provided in the notice, then the DEPARTMENT may, at its option, terminate the Agreement and pursue all remedies available to the DEPARTMENT under the law, including but not limited to seeking reimbursement for damages and costs for the CITY's failure to cure any such default. 11. GOVERNING LAW/VENUE Page 13 of 36 DEPARTMENT Funded Agreement between the Florida DEPARTMENT of Transportation and the CITY Financial PROJECT Number 439228-2-58-01 This Agreement shall be governed and construed in accordance with the laws of the State of Florida. The parties agree that Leon County shall serve as the jurisdictional venue for any dispute arising from this Agreement. 12. AMENDMENT This Agreement may be amended by mutual agreement of the DEPARTMENT and the CITY expressed in writing, executed and delivered by each party, with the same formalities of this Agreement. 13. 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. 14. 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: Fabiana Gonzalez Project Manager Florida Department of Transportation, District 6 1000 NW 111 Avenue, Room 6202B Miami, Florida 33172-5800 Ph.: (305)470-5183 E-mail: Fabiana.Gonzalez @dot.state.fl.us With copy to: Harold A. Desdunes, P. E. Director of Transportation Development Florida Department of Transportation, District 6 1000 NW 111th Ave. - Room 6233 Miami, Florida 33172 Phone# (305)470-5464 E-mail: Harold.Desdunes @dot.state.fl.us or their designees. Page 14 of 36 DEPARTMENT Funded Agreement between the Florida DEPARTMENT of Transportation and the CITY Financial PROJECT Number 439228-2-58-01 To CITY: Eric T. Carpenter,Public Works Director 1700 Convention Center Drive Miami Beach, Florida 33139 Ph.: (305) 673-7080 E-mail: EricCarpenter @miamibeachfl.gov and: Bruce A. Mowry, City Engineer 1700 Convention Center Drive Miami Beach, Florida 33139 Ph. 305-673-7080 Email: BruceMowry @miamibeachfl.gov b. Notices shall be deemed to have been received by the end of five (5) business days from the proper sending thereof unless proof of prior actual receipt is provided. 15. EFFECTIVE DATE AND EXPIRATION OF AGREEMENT(TERM) The CITY agrees to substantially complete the PROJECT on or before June 30th, 2021.This Agreement shall be effective as of the date of execution by the last party to sign, as said date is indicated on Page 1 (the "Effective Date"). This Agreement will expire on June 30th,2021,unless otherwise amended by the parties in accordance with the provisions of Paragraph 12 hereof. 16. PUBLIC RECORDS The CITY shall comply with the provisions of Chapter 119, Florida Statutes with respect to this Agreement and the PROJECT. The CITY shall require all third-party agreements related to the PROJECT to include a provision requiring the same. Failure by the CITY to comply with this Paragraph, or to comply with the provisions of Chapter 119, Florida Statutes shall be grounds for immediate unilateral cancellation of this Agreement by the DEPARTMENT. The CITY shall promptly provide the DEPARTMENT with a copy of any request to inspect or copy public records in possession of the CITY and shall promptly provide the DEPARTMENT a copy of the CITY's response to each such request. 17. ENTIRE AGREEMENT This Department Funded Agreement is the entire Agreement between the parties hereto, and it maybe modified or amended only by mutual consent of the parties in writing. Page 15 of 36 DEPARTMENT Funded Agreement between the Florida DEPARTMENT of Transportation and the CITY Financial PROJECT Number 439228-2-58-01 IN WITNESS WHEREOF, the parties hereto have executed this Agreement, on the day and year above written. CITY: STATE OF FLORIDA,DEPARTMENT OF TRANSPORTATION: BY: I BY:.//' T +°�6 YOR DISTRICT SECRETARY ATTES, Z? Clc, ATTEST: (SEAL) CITY CLERK (S AL EXECUTIVE SECRETARY LEGAL REVIEW: rl CITY ATTO DISTRICT 6 CHIEF COUNSEL ,_\P .• ( 4 - Pl.'-''... \IF•01°‘'' % 0 . OR, / AZE4 1 =.INCOR I r � 1RCH26; Page 16 of 36 DEPARTMENT Funded Agreement between the Florida DEPARTMENT of Transportation and the CITY Financial PROJECT Number 439228-2-58-01 EXHIBIT "A" SCOPE OF SERVICES AND SCOPE OF WORK • Page 17 of 36 DEPARTMENT Funded Agreement between the Florida DEPARTMENT of Transportation and the CITY Financial PROJECT Number 439228-2-58-01 Under this Agreement, the CITY will provide, or cause to be provided, design, construction, and construction engineering inspection services in the general area from Begin Milepost 1.034 to End Milepost 0.232 as outlined in the concept plans and typical section in Exhibit"Al";utility relocation and utility related work are not included in the Scope of Work. Scope of Work • Reconstruct the roadway and associated drainage improvements along S.R. Al A/ Indian Creek Drive from 41 Street to south of 26 Street • Install signing and pavement marking • Construct a seawall and/or sheet pile wall along west side of the PROJECT • Protect existing seawall within the PROJECT limits to the maximum extent practicable. Since there are at least two existing seawalls within the PROJECT limits, some portions of the existing seawall(s)may need to be removed. • Construct special rigid concrete barrier wall • Construct a pump station at 32 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 • Construct a storm drainage trunk-line(s) with the capacity equivalent of a 72" Reinforced Concrete Pipe (water-tight system) • Construct incidental roadway drainage including inlets, manholes, trench drains, inlets lateral-pipes and manhole-stub connections to side-street drainage systems • Lining of side-street's storm drain systems as follows: Upsize existing 12" Street Pipe-lining-(ft.)-Updated Quantities &15" Pipe with 24" Pipe 12'pipe 15"pipe 18"pipe 21'pipe 24"pipe 27"pipe 26 St 27 St 359 343 359 28 St 29 St - . 378 378 378 30 St. 420 423 420 31 Si 32 St 252 252 ..-33St - - 345t 184 184- 35 St 234 - 234 .. . 36 St 316 37 St "38 St 396 "'Recommended to add new pipe 39 Si 40 St 319 41St 279 - 279 Totals; 1728 378 721 319 423 316 1728 378 1463 316 2502 • Pipe replacement/upsize to 24"pipe for existing side-street trunk-line pipes less than 18" in diameter at the following locations: 27 Street, 29 Street, 30 Street, 32 Street, 34 Street, 35 Street, and 41 Street. Add new 24"pipe along 38 Street. Page 18 of 36 DEPARTMENT Funded Agreement between the Florida DEPARTMENT of Transportation and the CITY Financial PROJECT Number 439228-2-58-01 • • Install new roadway lighting system per latest FDOT standards which incorporates IENSA-RP-08-14 • Replace cantilever overhead sign structure with flashing beacons between 26 Street and 27 Street • Replace traffic signals at 26 Street(4-mast arms, new controller, conduits, loops, pull-boxes), 29 Street(2-mast arms, new controller, conduits, loops,pull-boxes) • Replace mid-block crossing mast arm north of 39 Street(1-mast arm, new controller, conduits, loops,pull-boxes) • Replace conduits, loops, and pull-boxes at 41 Street • Reconstruction of 100-feet along side-streets to provide for profile tie-in transition with mainline. • Harmonization of all driveways and building entrances due to roadway profile raise • Construction of gravity wall along easterly back of sidewalk as needed at some locations • Removal of existing sheet pile along westerly side from 34 Street to 37 Street • Drainage improvements along Collins Avenue from 26 Street to south of 27 Street (FDOT- FPID 425865-5-52-01 -push-button) Scope of Services • Vibration, settlement monitoring and construction notes • Geotechnical services • Utility coordination • Roadway plans (geometric design, cross sections, design documentation, calculations, and computations) • Signing and Pavement Markings plans • Signalization plans • Lighting plans • Structures plans (sheet pile design, design documentation, calculations, and computations) • Drainage design documentation, calculations, and computations • Storm Water Pollution Prevention Plan • Plan to protect existing trees • Environmental services/permits/mitigation • Safe Pedestrian/Bicycle plan during construction • Survey(aerial/DTM) • Public Involvement • Approved Typical Sections • Approved Pavement Design package • Approved Design Variation/Exception package • Construction time estimate • Sequence of construction Page 19 of 36 DEPARTMENT Funded Agreement between the Florida DEPARTMENT of Transportation and the CITY Financial PROJECT Nmnber439228-2-58-01 • ITS plans (if any) • Project schedule • Division I(General Requirements and Covenants) Specification and Approved TSP (if any) • Quality Management plan • Design submittals • Shop Drawings • PROJECT Limits: SR Al A/Indian Creek Drive from 41 Street to 26 Street (M.P. 1.034 to M.P. 0.232) • FDOT Financial PROJECT Number: 439228-2-58-01 • County: Miami-Dade • FDOT PROJECT Manager: Fabiana Gonzalez, P.E. • CITY PROJECT Manager: Bruce A. Mowry, Ph.D, P.E. Page 20 of 36 DEPARTMENT Funded Agreement between the Florida DEPARTMENT of Transportation and the CITY Financial PROJECT Number 439228-2-58-01 EXHIBIT "Al" CONCEPT PLANS AND TYPICAL SECTION • • Page 21 of 36 DEPARTMENT Funded Agreement between the Florida DEPARTMENT of Transportation and the CITY Financial PROJECT Number 439228-2-58-01 '' :, e b Q N Q N O N i 2 - ' { tK 8 •v.n` • .. .. Lr. ss 6 I O. ' I i 99 SO ■ E lJ�( i i �� o SF' i w T � if, j 4P eL s . eg t „�r i 00 v % a. ._ 421 ",� I BL- q 1i .. ,0 1EE 1 1 O 7 t . I I-, . - 1 :• ,+J e4t . 1 1 ....6o E S / lit••,4F/7 ,,,, "'''.--_. ,,i. • 1. ! i 1. i 1 . I. I tot t \ , Lb E 9rMt § i �._. i y z i . --r j SL L °°' 1 I " I YLO 3 I 64'73 100£ y o I 3 ooror le ' 1 'Z"c i 00•tip+1 i 607 O I Y : qq S I AI- . 58L.. .. I 6 C'I i uz, I L6. � O I. I , g II . '' ' >oE £z 1 I. e• t ;$ o g ': I• ;-; f r i 1._.. h bOE 1: g (<. e 1 s ■ n �' .ik� :�-� a i �. 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J1 W W ��i cl oo� j 3 Nl, Z! - Z -a �z� z W A � �, �^ i WWJ o ,o ;- - 1 K i 1 °a l/1Z2V1 ` JI o, �OOQ_Q >I��O°w F'WWF ° Q ° 4Q �,W ° OSM ��W W S 4 bg4W 4`W �� ° 1....42 1_^2 (11 viz W WW .� O WC SN Vf h �� C OWJ°Q 0 J ZT W - F-1 1 :,,1,`z..:,1 ',''' (WO NN 1.... hri�' W z 0w�a - _ o 1 ,,'1w ,1:0. r - I I I a q:w 1WIN Y33H7 NVIONI e N331:17 NVIONI ¢° EXHIBIT "B" FINANCIAL SUMMARY Page 22 of 36 DEPARTMENT Funded Agreement between the Florida DEPARTMENT of Transportation and the CITY Financial PROJECT Number 439228-2-58-01 PROJECT FM#439228-2-58-01 The estimated PROJECT cost for FM 439228-2-58-01 is$25,408,493.00. The DEPARTMENT's participation and maximum limit amount for reimbursement of actual eligible PROJECT costs is$20,008,493.00. Eligible PROJECT costs are the costs related to the design, construction and construction engineering inspection of the PROJECT, in substantial accordance with the approved PDP, and do not include utility relocation or utility relocation related work. The CITY's participation and maximum limit amount of PROJECT costs is$5,400,000.00. Eligible PROJECT costs are the costs related to the administration, survey, design, construction and construction engineering inspection of the PROJECT, in substantial accordance with the approved PDP, and do not include utility relocation or utility relocation related work. • Page 23 of 36 DEPARTMENT Funded Agreement between the Florida DEPARTMENT of Transportation and the CITY Financial PROJECT Number 439228-2-58-01 b o7- � .777'71.77.77.7 ro -' 1 . 7 ' --" 7 > s R,s Y l � 3" f 4K �5a ai f I-r , a '1 fi a "�a d f jx *t m " .1-, v; ®MOBIUZATON 5%OF CONSTRUCTION •- ©0M :s'. y- 01021 MAINTENANCE OF TRAFFIC S%OF CONSTRUCTION COST ©0M "` "='-=-''= - _--- .v._, 11D9ANUGE $ 0104103 SEDIMENT BARRIER IME 111111==ME= $6,450.00 ®FLOATING TURBIDITY BARRIER En©" $250.00 $125,000.0 ®. INLET PROTECTION SYSTEM 11011■31111IMMEMIIIIIIMEMEM ®' CLEARING&GRUBBING MII . $10,000.00 $60000.00 MEM=ROADWAY REGULAR EXCAVATION ©ME=MIE23.1 = EMBANKMENT ©•11123111111ME1111 $97,200.00 MirrIMMI PE B STABIUZATION © _ � - • •�.' OPTIONAL BASE BASE GROUP 09 PE 12.5 ©�MIIIEICI•1 '®F.IJ7:IJ\.i1.k.1_ aiar....zawzaal44 cil • •'• ®_MIIMEMI MITEEMEI ASPHALT CONCRETE, TRAFFIC FC-12.5,PG 76.22 ARE Ell INIEST11•1 '' 0100011 Lt•.::4.x=t.11 - r_INIi•:.[n:r_\4.•A i!R:II[i/_\..i © AR T RT $513028.00 ®REINFSTEEL-RETAINING WALL FOR GRAVITY WALL 3'HEIGHT AVG -. 10500 ® $8,085.00 ®INLETS,CURB TYPE P-3,<10. NININIIMMINNI=MINEEEBEINII INLETS,CURB,TYPE P-4<30' rilia o '®INLETS CURB TYPE P•S<10' WM©IIIIIIMEM INEESEIN INLETS CURB TYPE P-6<1C MEIIIIIIMMIIIEMERIEEEMIN ®- INLETS DT ROT TYPE F<10 NM IIMIEINIII 4P MANHOLES SPEOAL,BMP STRUCTURE SLUICE GATE STRUCTURE JUNCTION STRUCTUREUIO' 11=© $85,000.00 $255,000.00 UNCTION BOXES,1.7,410' ®N. '" =MIMI JUNCTION BOXES 87,410' OM 1111.3.111 $12000.00 $46,000.0 UNCTION BOX,DRAINAGE SPECIAL,PARTIAL DRIVEWAY IN 1E11�' EIMMIll PIPE CULV OPT MAIL.ROUND,12"S/CD En 1=rill. $60.00 x�$330�,002.0,°L� "®PIPE CULV OPT MA ROUND 105/CD © INIE L>• ®PIPE CULV OPT MA ROUND 16'S/CD ©MIMMIIIMEMZEI "®PIPE CULV OPT MA ROUND 24'5/0 ©1111E21= $206,298.10 "®PIPE CULV OPT MA ROUND 36'5/0 ©1.01:1=IMEM.111 MIME 0930175172 PIPE CULV,OPT MAIL,ROUND,72 S/CD(INCLUDES AVERAGE 13'-DEEP TRENCH EXCAVATION,MUCK HAUUNG& © 4477 $1,20000 $5,37 2,40.0 DISPOSAL DEWATERING,TRENCH SHORING 8 TRENCH FILL MATERIAL) PIPE UNER,OPTIONAL MATERIAL,024" ©IIMCM•111EMEMIN PIPE UNER,OPTIONAL MATER( 25-36" © 1000 MEE= $158,370.00 ®- •ENCH DRAIN SPEOAL ©1=11E1111•MIEZE•11 $326'0510 044.3 73 PUMP STATION(TRASH RAKE,WET WELL VALVE BOX,SLUICE GATE,ENERGY DISSIPATOR,POLLUTION CONTROL BOX ® 1 $1000,000.00 $2,00800.0 INCIDENTAL STRUCTURAL,MECHANICAL&ELECTRICAL) ®SHEET PIUNG STEEL F&I PERMANENT ©NEEEMIIMIZEME $1,655.31510 ®PED/BICYCLE RAILING ALUM 42-TYPE I MENNIECE=IMMEMMIMENI 0520110 CONCRETE CURB&GUTTER TYPEF ©MEM '®' CONCRETE CURB TYPE D NMI 1.11111=111.20MINE=111 ®SHLDR CONC BARRIER WA RIGID SHLDR 54" © MI2€11 $1,350,225•0 CONCRETE SIDEWALK AND DRIVEWAYS 0 ©IIIIREMMIIKEEM $198892.0 ®CONCRETE SIDEWALK AND DRIVEWAYS,6' MEIIIMMINEMBIEEMI $45,055.50 '®' PERFORMANCE TURF SOD ©MIEEMINIMMEEMEI $5,750•0 UTILITY PIPE,F&I,DI/0,WATER/SEW,2049.9 WM111=' •( $66,056•0 - _--- PA^GEBEFICAABMINBZl` d`, +\,, ,.0 ':?,`.<";k:,a'` WI,;M ,t, :,,t - 070111 INGLE POSTSIGN,F8I GROUND MOUNT,UP TO 12 SF WM©' ME 070112 SINGLE POST SIGN,FBI GROUND MOUNT,UP TO 20 SF ® HEIMII 070160 SINGLE POST SIGN,REMOVE EIM® ®' 0700 3202 SIGN PANEL F84,OVERHEAD MOUNT,UP TO 20 SF m© $650.00 $650.0 0704111 OVERHEAD STATIC SIGN STR,F&I UP TO 20 SF WM a $41,100.00 $41,10.0 0704610 OVERHEAD STATIC SIGN STR,REM' CANTELEVER WM a $3,950.0 $3,950.0 0701212 SIGN BEACON,F&I GROUND MOUNT-AC POWERED TWO BEACONS Q11111EMIll $3,8004 $3,90•0 ®W - •P PA M M;'KI G 1- •.-• I ...I. " ©NNE=ME= $19140 ® ERMOPLASTIC PAVEMENT MARKING,STANDARD,WHITE,SOLID.18' ©©" ® $2,130.0 ®)I, • •,:: PA U NT . :. .I • . 4' ©0®®' IMEDMEM THERMOPLASTIC,PAVEMENT MARKING,STANDARD,MESSAGE lialUI '®D 4 M•P: CST- ...._• a, ';.a• T -F-. D,6' ® 2.00 ® ERMOPLASTIC,STANDARD-OPEN GRADED ASPHALT SURFACES,WHITE,SKIP,0,10-30 SKIP OR 89 LANE DROP ® 0.800 MEMEM 1 R. M320=MII - •P. PAV M AR ING STAN•AR••P N • • -H TSURFA 0 Y ®�" MIEEMM - _ ■ ■ ■ s ••• immam CONDUIT F81 DIRECTIONAL BORE m $66,048.0 .• PULL&SPUC BOX F&I 13'x 24'COVER SIZE '®UGHTING CONDUCTORS,FBI,INSULATED N04 TO NO 2 NMI®®" $28,80.0 0715501 POLE CABLE DISTRIBUTION SYSTEM,CONVENTIONAL IIIMIIMIEMINIIIMIEINIME=11111 MPJ ®' UGHT POLE COMPLETE-SPEOAL DESIGN FBI SINGLE ARM SHOULDER MOUNT ALUMINUM,40 m©� '� _-- 576 • + ' lk.,"4>?s 4:' v- ..AVW y-'.471 EMI= FULL BOXES MI©' ELECTRICAL SERVICE WIRE 11111•110111M®®" ELECTRICAL POWER SERVICE F&I,UNDERGROUND METER PURCHASED BY CONTRACTOR WillIMMIIIIIIMEINIMEMIE PRESTRESSED CONCRETE POLE FBI TYPE 811 SERVICE POLE 112.©IIMEEINI=IMMO MAST ARM REMOVE SHALLOW FOUNDATION BOLT ON ATTACHMENT IMIIIIIMMIll IIISMIll MEM= MlirrMll MASTARM.F&I.WIND SPEED-150`NGLE ARM-36 WM IMMINEEMMIIII=Ell MIENREM MASTARM,F&I,WIND SPEED-150 SINGLE ARM-60 MEI •111112MMI $10,930.83 .. - FIC SIGNAL,3 SECT.,1 WAY AWMINUM MIIIMIIMMINMEIMI MINTIMIll SIGNAL PEDESTRIAN F&I LED 1 WAY 1112•11MIIMMI y-. .'il.LOOP DETECTOR INDUCTIVE,F&I,TYPE 9 MI©®' .. LOOP ASSEMBLY.F&I,TYPE A © MMEIN PEDESTRIAN DETECTOR.F&I IrlIMIMII�8PIB8�B�I�� IIIMEEMINu, FFIC CONTROLLER :Y 170 F&I ©lZC2•s3FJ1� 670-5-600 C CONTROLLER ASSEMBLY REMOVE CONTROLLER CABINET 11211 3 WEV!!®'' INTERNALLY ILLUMINATED SIGN,F&I EMI 2 $3,071.0 M - __-- -DESIGN FEE-CONSTRUCTION SUPERVISION FEE ©EMIIIMMIE=1. VAht464*°s: -CONTINGENCIES ®©�- EXHIBIT "C" CITY RESOLUTION • Page 24 of 36 DEPARTMENT Funded Agreement between the Florida DEPARTMENT of Transportation and the CITY Financial PROJECT Number 439228-2-58-01