Resolution 2018-30574 RESOLUTION NO. 2018-30574
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE THE AMENDED FUNDING AGREEMENT
BETWEEN THE FLORIDA DEPARTMENT OF TRANSPORTATION
("FDOT") AND THE CITY OF MIAMI BEACH, WHICH ESTABLISHES
NEW COST SHARING AMOUNTS FOR THE CONSTRUCTION
PROJECT LOCATED ON INDIAN CREEK DRIVE, BETWEEN 25TH
AND 41ST STREETS; AND WHICH SPECIFICALLY INCLUDES
THOSE COSTS FOR THE CONSTRUCTION OF A SEAWALL
BARRIER WALL, IMPROVING STREET DRAINAGE AND RAISING
THE ROADWAY ELEVATION, AND WHICH SHALL OBLIGATE THE
CITY TO PAY $7 MILLION OF THE TOTAL PROJECT COST IN THE
AMOUNT OF $33 MILLION.
WHEREAS, Indian Creek Drive is considered one of the City's main corridors, forming a
southbound artery between North/Mid Beach and South Beach. It provides emergency services
and serves as a hurricane evacuation route. During extreme high tide events during spring and
fall, Indian Creek Drive, would consistently flood between 26th and 34th Streets; and
WHEREAS, since Indian Creek falls within the Florida Department of Transportation
(FDOT) jurisdiction, the City Commission approved an agreement for the cost sharing of a
construction project between 26th and 41st Streets, for the construction of a seawall barrier
wall, improving street drainage and raising the roadway elevation in the project amount of$25.5
million dollars); and
WHEREAS, the City and FDOT entered into a Department Funded Agreement (DFA) for
Financial Project 439228-2-58-01 on September 30, 2016, for roadway and drainage
improvements on S.R. A1A/Indian Creek Drive from 41st Street t0 26th Street (M.P. 1.034 to
M.P. 0.232). The City owns approximately 30% of land along Indian Creek Drive and 20% of
the roadway drainage area, and therefore; the City agreed to a maximum participation cost of
$5.5 million, and FDOT agreed to a maximum participation cost of$20 million; and
WHEREAS, the original DFA stipulated the project shall be implemented in two (2)
construction phases. The Interim Phase included the underground drainage construction
component which included the 72-inch pipe trunkline, the pump station structure and the
roadway drainage system construction to be executed by the National Joint Powers Alliance
(NJPA). The Ultimate Phase included the roadway reconstruction component, including raising
the roadway to final grade, which is to be competitively procured through a Design-Build
maximum bid contract; and
WHEREAS, subsequently, FDOT requested the City to include a Push Button Project,
which consisted of drainage improvements as part of the Interim Phase, and resulted in an
increase to the original cost estimate of the project by $546,385; and
WHEREAS, the Interim Phase has been under construction for almost two years due to
unique conditions, and the City and FDOT have agreed to competitively procure the Ultimate
Phase through an Invitation to Bid (ITB) process instead Design-Build maximum bid contract;
and
WHEREAS, the DFA must be amended to reflect the changes in the procurement
process, and price escalation due to field conditions, increase in scope of work and permitting
requirements; and
WHEREAS, FDOT only agreed to a maximum participation for actual eligible costs in the
project, including a contingency amount of $26 million. The City is proposing a maximum
participation in the project, including a contingency amount of $7 million. These amounts are
base costs in the agreed proportionate share percentage of 78.7% for the Department and
21.3% for the City, which brings the total amount for the project to $33 million; and
WHEREAS, the initial DFA only contemplated a portion of the seawall, and FDOT has
capped the total seawall contribution at $5M; and
WHEREAS, should the ITB Contract price exceeds the official cost estimate for the
portion of the project corresponding to the scope of the ITB Contract, the parties recognize and
acknowledge that the scope and/or cost shall be negotiated with the prospective contractor in
order to bring the total cost of the scope to be performed in alignment with the total available
funding. Should those negotiations with the prospective contractor be unsuccessful, either party
is authorized to reject the ITB bid(s), and the parties acknowledge that there must be a
rebidding of the ITB package until an acceptable price or scope modification is reached. If the
parties reach an agreement on the revised scope, the City may proceed with the ITB Contract;
and
WHEREAS, FDOT and the City are finalizing the contractual terms and conditions
surrounding the Amended Agreement for this project.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, hereby authorize the Mayor and
City Clerk to execute the Amended Funding Agreement between the Florida Department of
Transportation ("FDOT") and the City of Miami Beach, which establishes new cost sharing
amounts for the construction project located on Indian Creek Drive, between 25th and 41st
Streets; and which specifically includes those costs for the construction of a seawall barrier wall,
improving street drainage and raising the roadway elevation, and which shall obligate the City to
pay $7 million of the total project cost in the amount of$33 million.
PASSED and ADOPTED this 17 day of October, 2018.
ATTEST:
Dan ber, Mayor
�,M!.. t3Fy\
)(sly-A' APP-,. , . AS TO
Raf el E. r nado, City Cler�fy' U. ,r � '. ` -''�'� UAGE
3 a INCOPPI jMATED �
Resolutions - R7 S
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: October 17, 2018
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE THE AMENDED FUNDING AGREEMENT BETWEEN THE FLORIDA
DEPARTMENT OF TRANSPORTATION ("FDOT") AND THE CITY OF MIAMI
BEACH, WHICH ESTABLISHES NEW COST SHARING AMOUNTS FOR THE
CONSTRUCTION PROJECT LOCATED ON INDIAN CREEK DRIVE, BETWEEN
25TH AND 41ST STREETS; AND WHICH SPECIFICALLY INCLUDES THOSE
COSTS FOR THE CONSTRUCTION OF A SEAWALL BARRIER WALL,
IMPROVING STREET DRAINAGE AND RAISING THE ROADWAY ELEVATION,
AND WHICH SHALL OBLIGATE THE CITY TO PAY $7 MILLION OF THE TOTAL
PROJECT COST IN THE AMOUNT OF $33 MILLION.
RECOMMENDATION
The Administration recommends approving the Resolution.
ANALYSIS
Indian Creek Drive is considered one of the City's main corridors, forming a southbound artery
between North/Mid Beach and South Beach. It provides emergency services and serves as a
hurricane evacuation route. During extreme high tide events during spring and fall, Indian Creek
Drive would consistently flood between 26th and 34th Streets.
Since Indian Creek falls within the Florida Department of Transportation (FDOT) jurisdiction, on
March 9, 2016, the City Commission approved entering into an agreement between FDOT and the
City for the cost sharing of a construction project between 26th and 41st Streets, for the construction
of a seawall barrier wall, improving street drainage and raising the roadway elevation in the amount of
$5.5 pillion dollars (of a total $25.5 Trillion dollar project).
On September 30, 2016, FDOT and the City entered into a Department Funded Agreement (DFA)
for Financial Project 439228-2-58-01, for roadway and drainage irrprovements on S.R. A1A/Indian
Creek Drive from 41st Street to 26th Street (M.P. 1.034 to M.P. 0.232). Since the City owns
approximately 30%of land along Indian Creek Drive and 20% of the roadway drainage area, the City
agreed to accept part of the cost. The City agreed to a maximum participation cost of$5.5 million and
FDOT agreed to a maximum participation cost of$20 million.
The original DFA stipulated the project shall be implemented in two (2) construction phases. The
Interim Phase included the underground drainage construction component which included the 72 inch
diameter pipe trunkline, the pump station structure and the roadway drainage system; construction to
Page 1290 of 1637
be executed by the National Joint Powers Affiance (NJPA). The Ultimate Phase included the
roadway reconstruction component including raising the roadway to final grade which is to be
competitively procured through a Design-Build maximum bid contract.
In addition to the two construction phases, FDOT requested the City to include a Push Button
Project, consisting of drainage improvements at 26th Street as part of the Interim Phase, after the
DFA contract was executed by both parties. This increased the original cost estimate of the project by
$546,385.
The Interim Phase has been under construction for almost two years due to unique conditions. The
City and FDOT have agreed to competitively procure the Ultimate Phase through an Invitation to Bid
(ITB) process instead Design-Build maximum bid contract.
An amendment to the DFA is required to be able to reflect the changes in the procurement process
and price escalation due to field conditions, increase in scope of work and permitting requirements.
FDOT agreed to a maximum participation for actual eligible costs in the project, including a
contingency amount, of $26 Milian. The City is proposing a maximum participation in the project,
including a contingency amount, of $7 million. These amounts are base costs in the agreed
proportionate share percentage of 78.7% for the Department and 21.3% for the City, bringing the
total amount participation to$33 million. It is important to note that the initial DFA only contemplated a
portion of the seawall and FDOT has capped the total seawall contribution at$5million.
In the event that the ITB Contract price exceeds the official cost estimate for the portion of the project
corresponding to the scope of the ITB Contract, the parties recognize and acknowledge that the
scope and/or cost shall be negotiated with the prospective contractor in order to bring the total cost of
the scope to be performed in alignment with the total available funding. Should those negotiations
with the prospective contractor be unsuccessful, either party is authorized to reject the ITB bid(s),
and the parties acknowledge that there must be a rebidding of the ITB package until an acceptable
price or scope modification is reached. If the parties reach an agreement on the revised scope, the
City may proceed with the ITB Contract.
FDOT and the City are currently working on the final draft agreement to this project. The draft is
attached.
CONCLUSION
The Administration recommends approving the Resolution.
Legislative Tracking
Public Works
ATTACHMENTS:
Description
❑ DRAFT agreement
❑ Total Project Estimated Cost
o Resolution
Page 1291 of 1637
Contract Number:
CSFA/CFDA Number:
DEPARTMENT FUNDED AGREEMENT
BETWEEN
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
AND
THE CITY OF MIAMI BEACH
THIS FIRST AMENDED AGREEMENT(hereinafter, the AGREEMENT) is made and
entered into this day of , 2018, 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.'
A. The PARTIES entered into a Department Funded Agreement dated September 30, 2016
(the "DFA") for Financial Project 439228-2-58-01 for roadway and drainage improvements on
S.R. AIA/Indian Creek from 41" Street to 26°i Street(M.P. 1.034 to M.P. 0.232).
13. In order to clarify the scope of services for the construction of the drainage system portion
of the PROJECT under Section 2(a)(i) of the DFA, and for purpose of modifying the procurement
process of the CITY under Section 2 from a Design-Build maximum bid contract to an Invitation
To Bid, it is in the best interest of the PARTIES to amend the DFA in accordance with this
Agreement.
C. In consideration of the terms and provisions contained in this Agreement, the PARTIES
have agreed to amend the DFA dated September 30, 2016, and this Agreement shall therefore
replace and supersede the DFA in its entirety.
RECITALS:
WHEREAS, the DEPARTMENT has jurisdiction over and maintains the State Road
(SR.) AlA/ Indian Creek Drive corridor within the CITY; and
Page 1 of 43
DEPARTMLNT Funded Agreement between the Florida DEPARTMENT of Transportation and the CITY
Financial PROJECT Number 439228-2-58-01
Page 1292 of 1637
WHEREAS, the DEPARTMENT has drafted concept and construction plans for the
construction of roadway and drainage improvements on S.R. AIA/Indian Creek Drive from 25'h
Street to 41" Street (M.P. 1.034 to M.P. 5.519), hereinafter referred to as the `PROJECT' as
generally defined in the attached Exhibit "A," `Scope of Services and Scope of Work',
incorporated herein by reference; and
WHEREAS, the DEPARTMENT represents to the CITY that: I.) 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 FYI 6/17;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
WHEREAS, the parties are authorized to enter into this Agreement pursuant to Section
339.08(e) and 339.12, Florida Statutes (ES.);
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:
I. 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 the construction
of Phase 1 and Phase 2 as further described in Exhibit"A"; and competitively bid contracts
through City Wide Annual Contract for the public involvement advisories and coordination
with the public and CEI Services.
Page 2 of 43
DEPARTMENT Funded Agreement between the Florida DEPARTMENT of Transportation and the CITY
Financial PROJECT Number 439228-2-58-01
Page 1293 of 1637
(ii) the following contracts procured in accordance and compliance with Section
287.055, Florida Statutes, for professional services related to the construction of Phase 1
through Phase 3, as further described in Exhibit"A";
(I) 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 and ITB package and
coordination with the Department
For the remainder of the PROJECT, the CITY shall competitively procure services
through an Invitation to Bid (ITB) process (hereinafter "the Invitation to Bid (ITB)
Contract"), in accordance and compliance with Section 255.20, Florida Statutes.
The CITY shall ensure that the ITB 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 ITB package, 90%
and 100% plans to the DEPARTMENT for review and approval, prior to the CITY
proceeding with the procurement of the ITB 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.
Page 3 of 43
DEPARTMENT Funded Agreement between the Florida DEPARTMENT of Transportation and the CITY
I'mannal PROJECT NNumber 439228-2-58-III
Page 1294 of 1637
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
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 tent 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
Page 4 of 43
DEPARTMENT Funded Agreement between the Florida DEPARTMENT of Transportation and the CITY
Financial PROJECT Number 439228-2-58-0]
Page 1295 of 1637
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.
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
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
Tenn 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 available funding for the PROJECT is THIRTY THREE
MILLION THIRTY SIX THOUSAND EIGHT HUNDRED AND FORTY EIGHT and
00/100 DOLLARS ($33,036,848.00), as set forth in Exhibit"B" hereto.
b. The DEPARTMENT agrees to a maximum participation for actual eligible
costs in the PROJECT, including contingencies in the amount of TWENTY SIX MILLION
AND 00/100 DOLLARS ($26,000,000.00), as set forth in Exhibit "B" hereto (the
DEPARTMENT's "maximum limiting amount"). Any work performed prior to the
September 30, 2016 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. It is understood and agreed that the
DEPARTMENT'S maximum participation shall be limited to the amount set forth in
Exhibit"B."
Page 5 of 43
DEPARTMENT Funded Agreement between the Florida DEPARTMENT of Transportation and the CITY
Financial PROJECT Number 439228-2.58-01
Page 1296 of 1637
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 SEVEN MILLION THIRTY-SIX THOUSAND
EIGHT HUNDRED and FORTY EIGHT AND 00/100 DOLLARS ($7,036,848.00.), 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 my 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 final 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 and Scope of Work (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,by amendment in accordance
with the provisions of Paragraph 12 of this Agreement. It is further understood that the
ITB Contract shall only require the 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 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 ITB
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 CITY shall have the sole responsibility, at its sole cost and expense,for
resolving claims and requests for additional work for the PROJECT, provided that the
Department acknowledges that there shall be a 10% City contingency, in excess to the
harmonization allowance(s) that are specifically referenced in items 0500, 099925 and
0505 999930 as identified within the Detailed Cost Estimate.
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.
Page 6 of 43
DEPARTMENT Funded Agreement between the Florida DEPARTMENTof Transportation and the CITY
Financial PROJECT Number 439228-2-58-01
Page 1297 of 1637
f. In the event that the ITB Contract price exceeds the DEPARTMENT's
official cost estimate for the portion of the PROJECT corresponding to the scope of the
ITB Contract, the parties recognize and acknowledge that the scope and/or cost shall be
negotiated with the prospective contractor in order to bring the total cost of the scope to be
performed in alignment with the Total available Funding. Should those negotiations with
the prospective contractor, be unsuccessful, either party is authorized to reject the ITB
bid(s), and the parties acknowledge that there must be a rebidding of the ITB package until
an acceptable price or scope modification is reached. If the parties reach an agreement on
the revised scope, the City may proceed with the ITB Contract, and this Agreement shall
be amended, by written amendment in accordance with the provisions of Paragraph 12 of
this Agreement.
In the event that the ITB Contract price results in a cost lower than the official cost
estimate for the portion of the PROJECT corresponding to the scope of the lTB 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 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 ITB 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 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
Page 7 of 43
DEPARTMENT Funded Agreement between the Florida DEPARTMENT of Transportation and the CITY
Financial PROJECT Nimrher 439228-2-584F
Page 1298 of 1637
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 $26,000,000.00, for all actual eligible
PROJECT costs incurred by the CITY, after September 30, 2016, 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.
h. 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.
c. There shall be no reimbursement for travel expenses under this Agreement.
£ 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
Page 8 of 43
DEPARTMENT Funded Agreement between the Florida DEPARTMENT of Transportation and the CITY
Financial PROJECT Number 439218-2-58-01
Page 1299 of 1637
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.).
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
(I) dollar will not be enforced unless the CITY Y 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 he
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 525,000.00 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
Page 9 of 43
DEPARTMENT Funded Agreement between the Florida DEPARTMENT of Transportation and the CITY
Financial PROJECT Number 439228-2-5R-01
Page 1300 of 1637
contract, verbal or written, made in violation of this subsection is
null and void, and no money may be paid on such contract. The
DEPARTMENT shall require a statement from the Comptroller of
the DEPARTMENT that such funds are available prior to entering
into any such contract or other binding commitment of funds.
Nothing herein contained shall prevent the making of contracts for
periods exceeding I 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."
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
fol lowing:
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 of43
DEPARTMENT Funded Agreement between the Honda DEPARTMENT of Transportation and the CITY
Financial PROJECT Number 43922R-2-18-01
Page 1301 of 1637
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 Fonn
(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 I I of43
DEPARTMENT Funded Agreement between rhe Florida DEPARTMENT of Transportation and the CITY
Financial PROJECT Number 439228-2-58-01
Page 1302 of 1637
c. 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 ITB 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 final 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.
Page 12 of 43
DEPARTMENT Funded Agreement between the Florida DEPARTMENT of Tramporradon and the CITY
Financial PROJECT Number 439228-2-58-01
Page 1303 of 1637
i. Except as othenvise set forth herein, the CITY shall require its contractors
to provide warranties for all work performed which comply, at minimum, in accordance
with DEPARTMENT Standards and Specifications for the ITB Contract.
8. MAINTENANCE OBLIGATIONS
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. The CITY shall enter into a Maintenance Memorandum of Agreement
with the DEPARTMENT to address the CITY's maintenance obligations upon final
completion of the PROJECT
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
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.
Page 13 of43
DEPARTMENT Funded Agreement between the Florida DEPARTMENT of Transportation and the CITY
Financial PROJECT Number 439228-2-58-01
Page 1304 of 1637
11. GOVERNING LAW/VENUE
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
Page 14 of 43
DEPARTMENT dimded AFreemmn between the Florida DEPARTMENT of Transportation and the CITY
Financial PROJECT Number 439228-2-58-0
Page 1305 of 1637
E-mail: Harold.Dcsduncs@dot.state.0.us
or their designees.
To CITY: Roy Coley, Public Works Director
1700 Convention Center Drive
Miami Beach, Florida 33139
Ph.: (305) 673-7080
E-mail: RoyColey@miamiheachtl.gov
and:
Luis Soto, Acting City Engineer
1700 Convention Center Drive
Miami Beach, Florida 33139
Ph. 305-673-7080
Email: LuisSoto a)miamibeachf.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 301h,
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 First Amended Agreement
will expire on June 30'h,2022,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
Page 15 of 43
DEPARTMENT Funded Agreement between the Florida DEPARTMENT ofIran%portarion and the CITY
Financial PROJECT Number 439228-1.58-01
Page 1306 of 1637
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.
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: BY:
CITY MAYOR DISTRICT SECRETARY
ATTEST: ATTEST:
(SEAL) CITY CLERK (SEAL) EXECUTIVE SECRETARY
LEGAL REVIEW:
CITY ATTORNEY DISTRICT 6 CHIEF COUNSEL
Page 16 of 43
DEPARTMENTFlmded Agreemenr between the Florida DEPARTMENT ofTran.rporrmion and the CITY
Financial PROJECT Number 439228E-584P
Page 1307 of 1637
EXHIBIT "A"
SCOPE OF SERVICES AND SCOPE OF WORK
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 5.519 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
Phase l: I)raina;;e pushbutton Improvements at Collins Avenue and 26'h Street
Work to be performed by DMSI (NJPA contract)
• Construction of 15",18"and 24"drainage line along Collins Avenue at 26th Street(from
station 114+19.70 to station 117+50.00)
• Construct incidental roadway drainage including inlets and manholes along SR AlA
Indian Creek Drive from (from station 100+00 to station 101+40)
• Reconstruct curbs, concrete sidewalk asphalt impacted by drainage work
• Connect new drainage system to 72"DuroMaxx drainage line
t" p
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Page 17 of 43
DEPARTMENT Funded Agreement between the Florida DEPARTMENT of Transportation and the CITY
Financial PROJECT Number 439228-2-58-01
Page 1308 of 1637
Phase 2: Drainage Trutt Mine along Collins from 25"' to 26''' and Indian Creek from 26th
Street to 32st Street
Collins 25th to 26th Street
Work to be performed by DMSI (NJPA contract)
• Demolish existing Wood Deck to accommodate 72"Drainage line.
• Clear and remove tress along proposed 72"Drainage line
• Remove existing sidewalk and guardrail to accommodate 72"Drainage line.
• Install Pollution Control Structure(DERM Requirement)
• Construction of 48" and 72" drainage line along West side of Collins Ave from 25th to
26th
• Connection to 36"French drain line
• Construct incidental roadway drainage including inlets and manholes along west side of
Collins Ave from 25th to 26th
• Construct special rigid concrete barrier wall
• Provide minimum backfill cover for 72"pipe.
Work to be performed by SHORELINE FOUNDATION,INC
• Construct a seawall and/or sheet pile wall along west side of the PROJECT
Page 18 of 43
DEPARTMENT Funded Agreement between the Florida DEPARTMENT of Transportation and the CITY
Financial PROJECT Number 439228-2-58-01
Page 1309 of 1637
Phase I
Phase II
(Oast Slo if of A'SNPt
(ROM 6(A.13:+16 A,10$l.
Phase III
oraST.is LF COYGr to
0'r v1Pf`� 7t+'1
BEGIN PROJECT MK'
BEGIN_RECONSTRUCTION f 3GRSIR::7350 3513
'--- t G 'k:a7
STA 94+40.00 ronsl)!/
CGUsf.6t0 EY p/�r PIPE
CONNECT TO EXISTING G(,r SEW PIPE G
ENOR S 1 f!l�,i6.'6 it
roh ST.it s i0 sTA)1 IOOO WV
lr (PE 7\2'
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26th to 27th Street
Work to be performed by DMSI (NJPA contract)
• Demolish existing temporary concrete wall to accommodate 72"Drainage trunk line.
• Remove existing curb and guardrail
• Complete roadway reconstruction for the east lane and parking lot lane from 26th to 27th
Street along Indian Creek
• Construct subgrade on the west side of the project.
• Construction of gravity wall along easterly back of sidewalk
• Harmonization of all driveways and building entrances to match final roadway profile
• Construct a 72"storm drainage trunk-line
• Construct incidental roadway drainage including inlets,manholes, trench drains, inlets
lateral-pipes to final configuration
• Connect trunk-line to side-street existing drainage system.
• Construct special rigid concrete barrier wall
• Install temporary signing and pavement marking
• Lighting foundation and Conduits
Page 19 of 43
DEPARTMENT Funded Agreement between the Florida DEPARTMENT of Transportation and the CITY
Financial PROJECT Number 439228-2-58-01
Page 1310 of 1637
• Temporary Lighting
Work to be performed by SHORELINE FOUNDATION, INC
• Construct a seawall and/or sheet pile wall along west side of the PROJECT
1"1 a I ,�- GREEK UA 6Rs • se os '..Y W 4`i i j'
.pit .48 INDWN _ ,, "i rwcrw S _
7--
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,5,,,.
015 "'-', 1 / raxs.is Mt fo.x PIH cxan.t L '--f . r 4/ _i
27`h to 325t Street
Work to be performed by DMSI (NJPA contract)
• Demolish existing temporary concrete wall to accommodate 72"Drainage trunkline.
• Remove existing Curb and guardrail on the west side
• Construct a 72" storm drainage trunk-line(s)
• Construct incidental roadway drainage line at the mid-block up to the center line of the
street
• Connect trunk-line to side-street existing drainage system
• Provide minimum backfill cover for 72"pipe
• Construct subgrade on the west side of the project.
• Construct three pollution Control Structures at 32"d and Indian Creek Street intersection
• Construct Pump Station Drainage Structures at 32nd Street intersection
• Trench restoration on the east side of the roadway
• Construct special rigid concrete barrier wall
• Lighting foundation and Conduits
• Temporary Lighting
• Temporary Paving Markings
Page 20 of 43
DEPARTMENT Funded Agreement between the Florida DEPARTMENT of Transportation and the CITY
Financial PROJECT Number 439228-2-58-01
Page 1311 of 1637
Work to be performed by SHORELINE FUNDATION,INC
• Construct a seawall and/or sheet pile wall along west side of the PROJECT
- \ ..
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I Page 21 of 43
DEPARTMENT Funded Agreement between the Florida DEPARTMENT of Transportation and the CITY
Financial PROJECT Number 439228-2-58-01
Page 1312 of 1637
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Phase 3: Construction of remaining 72"Trunk line from 32th to 41st, Construction of side-
street drainage system and Roadway Reconstruction (ITB Contract)
25th to 415L Street
• Demolish existing temporary concrete wall to accommodate 72"Drainage trunk line
from 32nd to 41'
• Remove existing Curb and guardrail on the west side from 32nd to 41st
• Construct a 72" storm drainage trunk-line(s) from 32nd to 41'
• Construct drainage line and structures at the mid-block from 25th to 41'pursuant to ITB
Plans
• Provide minimum backfill cover for 72"pipe
• Construct special rigid concrete barrier wall pursuant toITB Plans
• Lighting foundation and Conduits pursuant to ITB PLans
• Temporary Lighting
• Full roadway reconstruction of the project including base and final asphalt
• Construction of gravity wall along easterly back of sidewalk as needed at some locations
• Harmonization of all driveways and building entrances due to roadway profile being
raised on the east side of Indian Creek
• Construction of yard drains and trench drains as part of the Harmonization
• Pipe replacement/upsize to 24"pipe for existing side-street trunk-line pipes less than 18"
in diameter pursuant to ITB Plans
• Lining of side-street's storm drain systems pursuant to ITB Plans
• Install final signing and pavement marking
• Lighting Poles
Page 22 of 43
DEPARTMENT Funded Agreement between the Florida DEPARTMENT of Transportation and the CITY
Financial PROJECT Number 439228-2-58-0I
Page 1313 of 1637
• Provide final Signalization persuant to ITB plans
• Accommodating street parking, citi bikes, bus stops, bus shelters, constructing a shared-
use and replacing all other pedestrian features located within the existing right of way
Pump Station at 32nd Street and Indian Creek Drive
• The required electrical design for connection to the pump stations and all mechanical
work shall be included as part of this project.
• A total (3)pumps should be design for this project.
• Each pump shall be designed based on a design flow of 14,400 gallons per minute(GPM)
and a minimum design head of 5 feet. The ITB Plans shall ensure that the design head
can deliver the design flow from the wetwell to the discharge point.
• The pump off elevation shall be no higher than the invert of the main trunk. The ITB
Plans shall ensure that this elevation will not cause the water elevation of-3.00 NAVD
upstream of the treatment unit when all three pumps are running at 100 percent speed at
the design flow for each pump at 14,400 GPM allowing design storage between pump off
and pump on,3 foot distance between the lead pump and the lag pump, and I feet
allowance to increase the variable frequency drive from 50% speed and 100% speed and
the design head of any weir within the pump station and its components.
• The pumps shall be manufactured by Flygt or ABS. The pump shall have a minimum of 5
years full warranty. The ITB Plans may propose to the City the use of other pump
manufacturer as value engineering after this contract is awarded.
• The pump equipment, pump motor, including Variable Frequency Drives (VFDs),
electrical panels, all instrumentation and control equipment and all other pump
incidentals to be provided by the pump manufacturer and shall be responsible for all
equipment.
• All VFDs shall be Allen Bradley PowerFlex 750 Series or approved equal.
• All pumps shall be ceramic coated and suitable for operation corrosive (saltwater)
environment. All associated equipment within the wetwell shall be corrosion resistant
and coated as applicable to operate in a corrosive (saltwater)environment.
• Storm sewer pumps shall be equipped with Variable Frequency Drive(VFD)units to
operate at maximum efficiency under all service conditions. The initial speed for the
VFD shall be at 50% motor speed.
• Cycle times estimating the expected number of pump starts per hour(and consistent with
the manufacturers recommendations) shall be provided based on the volume of water in
the collection system, structures and wetwell at the "pump on" elevation and using as a
replacement volume an inflow rate equivalent to the water quality rate.
• Pump station control panel for electrical, instrumentation and controls.
• Pump controls shall include circuitry to alternate pump starts to ensure each pump is
exercised and are utilized evenly.
• Control panel shall be installed such that the lowest elevation of the control panel is at, or
above, base flood elevation(BFE)plus two (2) feet or 8.45 feet NAVD. The ITB Plans
shall design and construct a concrete platform with steps and handrailing for maintenance
personnel to operate the pump station electrical and instrumentation equipment.
Page 23 of 43
DEPARTMENT Funded Agreement between the Florida DEPARTMENT of Transportation and the CITY
Financial PROJECT Number 439218-2-58-01
Page 1314 of 1637
• The control panel shall be screened on the outside perimeter to create a visual buffer with
an architectural designed enclosure.The ITB Plans shall furnish and install this enclosure
as part of this project.
• The control panel shall include an emergency generator receptacle of sufficient amperage
to operate at least two pumps in the event of a power failure
• The City does not currently have a remote central location to receive and send
information from and to this pump station. All equipment, instrumentation and controls
are to be installed locally. The control panel shall include a control unit, a telemetry unit,
ethernet, switches, relays, time delay components, antenna, etc. similar to the storm sewer
pump stations recently installed by the City at 17th Street and West Avenue, 14th Street
and 10th Street pump stations. All components mentioned above shall be adjusted as
required to match the size of for the proposed axial pumps.
• The proposed pump station shall be equipped with a main switch disconnect separate
from the control panel.
• An allowance has been provided as pail of this contract for any additional items that the
City requires above and beyond the intended items specified above or for any changes of
the components specified.
• The construction of permanent generator will be required for this pump
• ROJECT Limits: SR A IA/Indian Creek Drive from 41"Street to 25°1 Street
(M.P. 1.034 to M.P.5.519)
• FDOT Financial PROJECT Number: 439228-2-58-01
• County: Miami-Dade
• FDOT PROJECT Manager: Fabiana Gonzalez, P.E.
• CITY PROJECT Manager: Giancarlo Pena, P.E.
Page 24 of43
DEPARTMENT Funded Agreement between the Florida DEPARTMENT of Tranuportation and the CITY
Financial PROJECT Number 439228-2-58-01
Page 1315 of 1637
Page 25 of43
DEPARTMENT Funded Agreement between the Florida DEPARTMENT f Transportation and the CITY
Financial PROJECT Number 439228-2-58-01
Page 1316 of 1637
EXHIBIT "Al"
PLANS AND TYPICAL SECTION
EXHIBIT "A2"
Page 26 of43
DEPARTMENT Funded Agreement between the Florida DEPARTMENT oJTransportation and the CITY
Financial PROJECT Number 439228-1-58.01
Page 1317 of 1637
SCHEDULE OF VALUES FOR PHASE 1
Page 27 of 43
DEPARTMENT Funded Agreement between the Florida DEPARTMENT of Transportation unit the CITY
Financial PROJECT Number 439228-2-58-01
Page 1318 of 1637
SCHEDULE OF VALUES FOR PHASE 2
Page 28 of43
DEPARTMENT Forded Agreement between the Florida DEPARTMENT of Tranvporration and the CITY
Financial PROJECT Number 439228-1-58-01
Page 1319 of 1637
SCHEDULE OF VALUES FOR PHASE 3
Page 29 of 43
DEPARTMENT Funded Agreement between the Florida DEPARTMENT of Tranvportation and the CITY
Financial PROJECT Number 439228-2-58-0/
Page 1320 of 1637
TOTAL PROJECT ESTIMATED COST EXHIBIT "B"
FINANCIAL SUMMARY
PROJECT FM#439228-2-58-01
The estimated PROJECT cost for FM 439228-2-58-01 is $ $33,036,848.00.
The DEPARTMENT's participation and maximum limit amount for reimbursement of actual
eligible PROJECT costs is 526,000,000.00 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 $7,036,848.00. 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 30 of 43
DEPARTMENT Funded Agreement between the Florida DEPARTMENT of Transportation and the CITY
Financial PROJECT Number 439228-2-58-01
Page 1321 of 1637
EXHIBIT "C"
CITY RESOLUTION
Nage 31 of 43
DEPARTMENT Funded Agreement between the Florida DEPARTMENT of Transportation and the CITY
Financial PROJECT Number 439228-2-58-01
Page 1322 of 1637
EXHIBIT "D"
AUDITS
1. In addition to reviews of audits conducted in accordance with Section 215.97, Florida
Statutes, monitoring procedures to monitor the CITY's use of state financial assistance may
include but not be limited to on-site visits by Department staff and/or other procedures including,
reviewing any required performance and financial reports, following up, ensuring corrective
action, and issuing management decisions on weaknesses found through audits when those
findings pertain to state financial assistance awarded through the Department by this Agreement.
By entering into this Agreement, the CITY agrees to comply and cooperate fully with any
monitoring procedures/processes deemed appropriate by the Department. The CITY further
agrees to comply and cooperate with any inspections,reviews, investigations, or audits deemed
necessary by the Department, the Department of Financial Services (DFS) or State of Florida
Auditor General.
2. The CITY, a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes, as a
recipient of state financial assistance awarded by the Department through this Agreement is
subject to the following requirements:
a. In the event the CITY meets the audit threshold requirements established by Section
215.97, Florida Statutes, the CITY must have a State single or project-specific audit conducted
for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the
Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650
(nonprofit and for-profit organizations), Rules of the Auditor General. Exhibit"B"to this
Agreement indicates state financial assistance awarded through the Department by this
Agreement needed by the CITY to further comply with the requirements of Section 215.97,
Florida Statutes. In determining the state financial assistance expended in a fiscal year, the CITY
Page 32 of 43
DEPARTMENT Funded Agreement between the Florida DEPARTMENT el Transportation and the CITY
Financial PROJECT Number 439228-2-58-01
Page 1323 of 1637
shall consider all sources of state financial assistance, including state financial assistance
received from the Department by this Agreement, other state agencies and other nonstate entities.
State financial assistance does not include Federal director pass-through awards and resources
received by a nonstate entity for Federal program matching requirements.
b. In connection with the audit requirements, the CITY shall ensure that the audit
complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission
of a financial reporting package as defined by Section 215.97(2)(e), Florida Statutes, and
Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations),
Rules of the Auditor General Financial Services (DFS) or State of Florida Auditor General.
c. In the event the CITY does not meet the audit threshold requirements established by
Section 215.97, Florida Statutes, the CITY is exempt for such fiscal year from the state single
audit requirements of Section 215.97, Florida Statutes. However, the CITY must provide a single
audit exemption statement to the Department at FDOTSingleAudit@dot.state.fl.us no later than
nine months after the end of the CITY's audit period for each applicable audit year. In the event
the CITY does not meet the audit threshold requirements established by Section 215.97, Florida
Statutes, in a fiscal year and elects to have an audit conducted in accordance with the provisions
of Section 215.97, Florida Statutes, the cost of the audit must be paid from the CITY's resources
(i.e., the cost of such an audit must be paid from the CITY's resources obtained from other than
State entities).
d. In accordance with Chapters 10.550 (local governmental entities)or 10.650 (nonprofit
and for-profit organizations), Rules of the Auditor General, copies of financial reporting
packages required by this Agreement shall be submitted to:
Florida Department of Transportation
Office of Comptroller, MS 24
605 Suwannee Street
Tallahassee, Florida 32399-0405
FDOTSinaleAudit(a),dot.state.fi.us
And
State of Florida Auditor General
Local Government Audits/342
111W Madison Street, Room 401
Tallahassee, FL 32399-1450
e. Any copies of financial reporting packages,reports or other information required to be
submitted to the Department shall be submitted timely in accordance with Section 215.97,
Florida Statutes, and Chapters 10.550(local governmental entities) or 10.650 (nonprofit and for-
profit organizations), Rules of the Auditor General, as applicable.
f The CITY,when submitting financial reporting packages to the Department for audits
done in accordance with Chapters 10.550 (local governmental entities)or 10.650 (nonprofit and
Page 33 of 43
DEPARTMENTF,mded Agreement between the Florida DEPARTMENT ofTramlmrmtion and the CITY
'nuncial PROJECT Number 439228-2-58-01
Page 1324 of 1637
for-profit organizations), Rules of the Auditor General,should indicate the date the reporting
package was delivered to the CITY in correspondence accompanying the reporting package.
g. Upon receipt, and within six months, the Department will review the CITY's financial
reporting package, including corrective action plans and management letters, to the extent
necessary to determine whether timely and appropriate corrective action on all deficiencies has
been taken pertaining to the state financial assistance provided through the Department by this
Agreement. If the CITY fails to have an audit conducted consistent with Section 215.97, Florida
Statutes, the Department may take appropriate corrective action to enforce compliance.
h. As a condition of receiving state financial assistance, the CITY shall permit the
Department, or its designee, DFS or the Auditor General access to the CITY's records including
financial statements, the independent auditor's working papers and project records as necessary.
Records related to unresolved audit findings, appeals or litigation shall be retained until the
action is complete or the dispute is resolved.
The CITY shall retain sufficient records demonstrating its compliance with the terms of this
Agreement for a period of five years from the date the audit report is issued and shall allow the
Department, or its designee, DFS or State of Florida Auditor General access to such records
upon request. The CITY shall ensure that the audit working papers are made available to the
Department, or its designee, DFS or State of Florida Auditor General upon request for a period
of five years from the date the audit report is issued unless extended in writing by the
Department.
Page 34 o143
DEPARTMENT Funded Agreement between the Florida DEPARTMENT of Transponation and the CITY
Financial PROJECT Number 439228-1-58-01
Page 1325 of 1637
EXHIBIT "E"
STANDARDS AND SPECIFICATIONS
All maps, plans and designs are to be prepared, and the PROJECT constructed with, English
values in accordance with all applicable current DEPARTMENT manuals, memorandums,
guidelines including but not limited to those listed below. Construction of the PROJECT shall
likewise comply with all applicable DEPARTMENT manuals, memorandums and guidelines in
effect as of the date of the advertising of the PROJECT, including but not limited to those listed
below. :
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 CITY (EPA)
o 40 CFR, Part 763, Subpart E—Asbestos-Containing Materials in Schools,
EPA
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 Manual,
o CADD Manual
o CADD Production Criteria Handbook
Page 35 of 43
DEPARTMENT Funded Agreement between the Florida DEPARTMENT of Transportation and the CITY
Financial PROJECT Manber 439228-2-58-01
Page 1326 of 1637
o Ch. 469, F.S.—Asbestos Abatement, Florida DEPARTMENT of Business
and Professional Regulation (DBPR)
o Ch. 62257, F.A.C.—Asbestos Program, Florida DEPARTMENT of
Environmental Protection (DEP)
o Code of Federal Regulations
o Design Traffic Procedure
o Equivalent Single Axle Load Guidelines
o Florida Administrative Codes
o Florida DEPARTMENT of Business & Professional Regulations Rules
o Florida DEPARTMENT of Environmental Protection Rules
o Florida DEPARTMENT of Transportation Basis of Estimates Manual
o Florida DEPARTMENT of Transportation Design Standards for Design,
Construction, Maintenance, and Utility Operations on the State Highway
System
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 District 6 Design Handbook
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
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 for Professional
Surveyors and Mappers
o Safety Standards
o Utility Accommodations Guidelines
o Florida DEPARTMENT of Transportation Construction Project
Administration Manual (CPAM)
Permits
o Chapter 373, F.S.
Drainage
Page 36 of 43
DEPARTMENT Funded Agreement between the Florida DEPARTMENT of Transportation and the CITY
Financial PROJECT Number 439228-2-S8-Of
Page 1327 of 1637
o Cross Drain
o Drainage Handbooks
o Drainage Manual
o Erosion and Sediment Control
o Hydrology
o Optional Pipe Materials
o Storm Drain
o Stormwater Management Facility
o Temporary Drainage Handbook
Survey and Mapping
o All applicable Florida Statutes and Administrative Codes
o Applicable Rules, Guidelines Codes and authorities of other Municipal,
County, State and Federal Agencies.
o FDOT Aerial Surveying Standards for Transportation PROJECTs Topic
550-020-002
o FDOT Right of Way Mapping Handbook
o FDOT Surveying Procedure Topic 550-030-101
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)
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
Structures
o AASHTO LRFD Bridge Design Specifications and Interims
o AASHTO Standard Specifications for Structural Supports for Highway
Signs, Luminaires and Traffic Signals, and Interims.
Page 37 of43
DEPARTMENT Funded Agreement between the Florida DEPARTMENT ofTransparlalion and the CITY
Financial PROJECT Number 439228-2-58-01
Page 1328 of 1637
o Florida DEPARTMENT of Transportation Structures Manual
o Florida DEPARTMENT of Transportation Structures Design Office
Temporary Design Bulletins (available on Florida DEPARTMENT of
Transportation Structures web site only)
o Florida DEPARTMENT of•I ransportation Preferred Details (available on
Florida DEPARTMENT of Transportation Structures web site only)
Geotechnical
o FIIWA Checklist and Guidelines for Review of Geotechnical Reports and
Preliminary Specifications
o Manual of Florida Sampling and Testing Methods
o Soils and Foundation Handbook
Page 38 of 43
DEPARTMENT Funded Agreement between the Florida DEPARTMENT of Transportation and the CITY
Financial PROJECT Number 439228-2-58-01
Page 1329 of 1637
EXHIBIT "F"
CONSTRUCTION ENGINEERING AND INSPECTION
MINIMUM STAFFING REQUIREMENTS
1.0 PURPOSE:
This exhibit describes and defines the minimum staffing requirements for the Construction
Engineering and Inspection (CEI) services which are required for contract administration,
inspection,and materials sampling and testing..
2.0 PERSONNEL:
2.1 General Requirements:
The Consultant shall staff the project with the qualified personnel necessary to
efficiently and effectively carry out its responsibilities under this Agreement.
Estimated stalling of personnel to be assigned to this contract as necessary is
outlined below:
Senior Project Engineer 1 (Full-time)
Project Administrator/Contract Support Specialist I (Full-time)
Senior Roadway Inspector 2 (Full-time)
Inspectors 2 (Full-time)
2.2 Personnel Qualifications:
The Consultant shall provide competent personnel qualified by experience and
education.
Before the project begins, all project staff shall have a working knowledge of the
current CPAM and must possess all the necessary qualifications/certifications for
fulfilling the duties of the position they hold. Cross training of the Consultant's
project staff is highly recommended to achieve a knowledgeable and versatile
project inspection team but shall not be at any additional cost to the Department
and should occur as workload permits. Visit the training page on the State
Construction office website for training dates.
Minimum qualifications for the Consultant personnel are set forth as follow.
Exceptions to these minimum qualifications will be considered on an individual
basis. IIowever, a Project Administrator working under the supervision and
direction of a Senior Project Engineer or an Inspector working under the
supervision and direction of a Senior Inspector shall have six months from the date
of hire to obtain the necessary qualifications/certifications provided all other
requirements for such positions are met and the Consultant submits a training plan
detailing when such qualifications/certifications and other training relative to the
Page 39 of 43
DEPARTMENT Funded Agreement henveen the Florida DEPARTMENT of Transportation and the CITY
Financial PROJECTNumber 439228-2-58-01
Page 1330 of 1637
Department's procedures, Specifications and Design Standards will be obtained.
The District Construction Engineer or designee will have the final approval
authority on such exceptions.
SENIOR PROJECT ENGINEER -A Civil Engineer degree and be registered
in the State of Florida as a Professional Engineer(or if registered in another state,
the ability to obtain registration in the State of Florida within six months) and six
(6) years of engineering experience [(two (2) years of which are in major road or
bridge construction)] or[(five (5) of which are in major bridge construction) -for
Complex Bridge Projects], or for non-degreed personnel the aforementioned
registration and ten (10) years of engineering experience (two (2) years of which
are in major road or bridge construction). Qualifications include the ability to
communicate effectively in English (verbally and in writing); direct highly
complex and specialized construction engineering administration and inspection
program;plans and organizes the work of subordinate and staff members;develops
and/or reviews policies,methods,practices,and procedures;and reviews programs
for conformance with Department standards.Also must have the following:
Qualification:
FDOT Advanced MOT
Attend the CTQP Quality Control Manager course and pass the examination.
Certifications:
None
Other:
Complete the Critical Structures Construction Issues, Self Study Course, and
submit the mandatory Certificate of Course Completion form (for structures
projects).
A Master's Degree in Engineering may be substituted for one(1)year engineering
experience.
PROJECT ADMINISTRATOR-A Civil Engineering degree plus two(2)years of
engineering experience in construction of major road or bridge structures, or for
non-degreed personnel eight (8) years of responsible and related engineering
experience, two (2) years of which involved construction of major road or bridge
structures with the exception of Complex Category 2(CC2) bridge structures.
Receives general instructions regarding assignments and is expected to exercise
initiative and independent judgment in the solution of work problems.Directs and
assigns specific tasks to inspectors and assists in all phases of the construction
project. Will be responsible for the progress and final estimates throughout the
construction project duration.Must have the following:
Qualifications:
FDOT Advanced MOT
CTQP Final Estimates Level 11
Certifications:
Page 40 of 43
DEPARTMENT Funded Agreement between the Florida DEPARTMENT of Transpor anon and the CITY
Financial PROJECT Numher 439228-2-58-01
Page 1331 of 1637
SSPC course: C-3 Supervisor/Competent Person Training for Deleading of
Industrial Structures (If applicable)
Other:
A Master's Degree in Engineering may be substituted for one (I) year of
engineering experience
CONTRACT SUPPORT SPECIALIST -A High School diploma or equivalent
and four (4) years of road & bridge construction engineering inspection (CEI)
experience having performed/assisted in project related duties (i.e., I,IMS,
progress and final estimates, EEO compliance, processing Construction Contract
changes, etc.) or a Civil Engineering. Should exercise independent judgment in
planning work details and making technical decisions related to the office aspects
of the project. Should be familiar with the Department's Procedures covering the
project related duties as stated above and be proficient in the computer programs
necessary to perform these duties. Shall become proficient in Multi-Line and
Engineering Menu.
Qualifications:
CTQP Final Estimates Level Ii
SENIOR INSPECTOR/SENIOR ENGINEER INTERN High School graduate or
equivalent plus four (4) years of experience in construction inspection, two (2)
years of which shall have been in bridge and/or roadway construction inspection
with the exception of Complex Category 2 (CC2) bridge structures or a Civil
Engineering degree and one (I) year of road & bridge CEI experience with the
ability to earn additional required qualifications within one year. (note: Senior
Engineer Intern classification requires one (1) year experience as an Engineer
Intern)
Must have the following:
Qualifications:
CTQP Concrete Field Inspector Level I
CTQP Concrete Transportation Construction Inspector (CTCI) Level II (all
bridges)
CTQP Asphalt Roadway Level I
CTQP Asphalt Roadway Level II
CTQP Earthwork Construction Inspection Level I
CTQP Earthwork Construction Inspection Level II
CTQP Drilled Shaft Inspection
IMSA Traffic Signal Technician Level I
FDOT Intermediate MOT
CTQP Final Estimates Level 1
Certifications:
Nuclear Radiation Safety
Other:
Complete the Critical Structures Construction Issues, Self Study Course, and
submit the mandatory Certification of Course Completion form (for structures
projects).
Page 41 of 43
DEPARTMENT Funded Agreement between the Florida DEPARTMENT of Transportation and the CITY
Financial PROJECT Number 439228-2-58-01
Page 1332 of 1637
Responsible for performing highly complex technical assignments in field
surveying and construction layout, making and checking engineering
computations, inspecting construction work, and conducting field tests and is
responsible for coordinating and managing the lower level inspectors. Work is
performed under the general supervision of the Project Administrator.
INSPECTOR/ENGINEER INTERN - High school graduate or equivalent plus
two (2) years experience in construction inspection, one (I) year of which shall
have been in bridge and/or roadway construction inspection, plus the following:
Qualifications:
CTQP Concrete Field Inspector Level f
CTQP Asphalt Roadway Level I(If applicable)
CTQP Earthwork Construction Inspection Level I
CTQP Pile Driving Inspection(If applicable)
CTQP Drilled Shaft Inspection
CTQP Final Estimates Level I
MSA Traffic Signal Technician Level 1
FDOT Intermediate MOT
Certifications:
Nuclear Radiation Safety
Florida Stormwater, Erosion, and Sedimentation Control Training and
Certification Program for Inspectors and Contractors.
Or a Civil Engineering degree with the ability to earn additional required
qualifications within one year. (Note:Engineer Intern classification requires E.I.T.
certificate.)
Responsible for performing assignments in assisting Senior Inspector in the
performance of their duties. Receive general supervision from the Senior Inspector
who reviews work while in progress. Civil Engineering graduates must obtain
certifications within the first year of working as an inspector or Engineer Intern.
Exceptions will be permitted on a case-by-case basis so long as qualifications and
certifications are appropriate for specific inspection duties.
SECRETARY/CLERK TYPIST-High school graduate or equivalent plus two
(2) years of secretarial and/or clerical experience. Ability to type at a rate of 35
correct words per minute. Experienced in the use of standard word processing
software. Should exercise independent initiative to help relieve the supervisor of
clerical detail.Work under general supervision of the Senior Project Engineer and
their staff.
2.3 Staffing:
Once authorized, the Consultant shall establish and maintain an appropriate staff
through the duration of construction and completion of the final estimate.
Responsible personnel, thoroughly familiar with all aspects of construction and
Page 42 of 43
DEPARTMENT Funded Agreement between the Florida DEPARTMENT of Transportation and the CITY
Financial PROJECT Number 43922R-2-5R-01
Page 1333 of 1637
final measurements of the various pay items,shall be available to resolve disputed
final pay quantities until the appropriate Construction Contract has been paid off
Construction engineering and inspection forces will be required of the Consultant
at all times while the Contractor is working.
Page 43 of 43
DEPARTMENT Funded Agreement between the Florida DEPARTMENT ofTransportation and the CITY
Financial PROJECT.Number 439228-2-58-01
Page 1334 of 1637
TOTAL PROJECT ESTIMATED COST
COST FOR PHASE I AND IIS . roar on
COST FOR PHASE I AND U WORK TYPE {TOTAL REIMBURSABLE COST78.70% 21.30%
PHASE I and II WA DRAINAGE) $1%329,904.78 58,12963506 52,20,26971
RIBBECK (DESIGNER) $1,542,54011 $1,21397907 5328,56104
WSP (CEO $1,501,241.50 5118147.14 5319,764 06
UNIVERSAL ENGINEERING SCIENCES INC (GEOTECHNICAL( $27,578.00 521,703.89 $5,87411
ATKINS (SURVEYI $199,900.00 5157,32130 $4257870
STANTEC (PERMITS) $39230674 5151,345.01 $40,96133
HML(Drainage Work and For License Agreement for all Propertie (PIO) $70 $55,30643 $14,968.58
MIAMI DADE COUNTY DERM PERMITS $158,239.75 5203,23466 $5500507
SOUTH FLORIDA WATER MANAGEMENT PERMITS $5,00000 $39350 5106500
(SEAWALL) $2,941,55042 $2,31500.18 $62655034
TOTAL REIMBURSABLE CHARGES $17,068535.90 $13,432,937.75 $3,635,598.15
COST ESTIMATE 25TH TO 41ST PHASE Ill
FUTURE 0O5T FOR PHASE III WORK TYPE : REIMBURSABLE COST FOOT YW
PHASE III COST ESTIMATE (DRAINAGE) $14,643,273.80 $11524,25648 $3119,01732
RIBBECK (DESIGNER( $1,198,254.48 $943,02628 $255,228.20
WSP(530 Days) (CEO $1,694,842.56 $1333,801 09 $361,00147
HML(Phase III)(5301 PIO $211,350.00 5156,33245 $4501745
TEMPORARY MOT(6 MONTHS) MOT $250,000.00 $19675000 $53,15000
TEMPORARY LIGHTING(6 MONTHS.) LIGHTING $47,520.00 $37,39824 $10,12176
TEMPORARY DRAINAGE(6 MONTHS) DRAINAGE $150,000.00 5/1805000 $31,950.00
SHORELINE(5M375) WALL $2,058,449.58 51,619,999.82 5438,44976
GRAN TOTAL PHASE IO,ANDESIl $37,353,28032 $19,372,59211 $7,949,634.21
GRAD TOTAL PHASE ILII,ANOIII ' 537,333,2Z6.32 $i9,3]¢,59E,21 $7,949,634.21
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