Resolution 2023-32808RESOLUTION; 2023-32808
4 RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING, IN SUBSTANTIAL FORM, A UTILITY
WORK BY HIGHWAY CONTRACTOR AGREEMENT AND A THREE PARTY
ESCROW AGREEMENT WITH THE FLORIDA DEPARTMENT OF
TRANSPORTATION (FDOT), ATTACHED TO THIS RESOLUTION AS
COMPOSITE EXHIBIT "1", TO CONSTRUCT WATER MAIN SYSTEM
IMPROVEMENTS AND ADJUSTMENTS TO THE CITY -OWNED UTILITIES
LOCATED ALONG FDOT'S STATE ROAD A1A/COLLINS AVENUE, FROM
44TH STREET TO THE 4700 BLOCK, AND INDIAN CREEK DRIVE FROM 41ST
STREET TO 44T" STREET (CITY'S IMPROVEMENTS), WITH AN INITIAL
ESTIMATED CONSTRUCTION COST OF $3,468,095.00, SUBJECT TO
RECEIPT OF THE OFFICIAL ESTIMATE FROM FDOT; AND AUTHORIZING
THE ADMINISTRATION TO DEPOSIT WITH FDOT THE INITIAL ESTIMATED
CONSTRUCTION COST FOR THE CITY'S IMPROVEMENTS PURSUANT TO
THE ESCROW AGREEMENT; AND SHOULD ADDITIONAL FUNDS BE
REQUIRED PURSUANT TO THE OFFICIAL ESTIMATE, AUTHORIZING THE
ADMINISTRATION TO PAY SAID ADDITIONAL FUNDS PURSUANT TO THE
ESCROW AGREEMENT, SUBJECT TO FUNDING AVAILABILITY; PROVIDED,
HOWEVER, THAT ANY INCREASES TO THE CONSTRUCTION COSTS
EXCEEDING $100,000.00 SHALL REQUIRE THE PRIOR APPROVAL OF THE
CITY COMMISSION; AND FURTHER AUTHORIZING THE CITY MANAGER TO
FINALIZE AND EXECUTE THE AGREEMENTS.
WHEREAS, the Florida Department of Transportation (FDOT) is planning to construct
roadway improvements along Collins Avenue from 44th Street to the 4700 Block and along Indian
Creek Drive from 41 st Street to 44t' Street (the "Project"); and
WHEREAS, the Project consists of milling and resurfacing, sidewalk improvements, and
new pavement markings; and
WHEREAS, during the early design stages of the Project, the City held various meetings
with FDOT to discuss the scope of the Project and impacts to the existing City -Owned utilities;
and
WHEREAS, on September 14th, 2022, City Commission requested FDOT to design and
implement dual right turn lanes along southbound Indian Creek Drive, onto westbound 41 st Street;
and
WHEREAS, The City's Public Works Department is also performing the design of water
main improvements along the Indian Creek Drive and Collins Avenue from 41st Street to 51st
Street and requested that FDOT include the construction of the portion of the City's water main
improvements within the limits and as part of the FDOT roadway improvements; and
WHEREAS, in addition to the aforementioned water main improvements, the FDOT
roadway improvement project requires adjustments to the City -owned water and sewer castings;
and
WHEREAS, FDOT and the City have determined that it would be advantageous to both
parties to enter into an agreement to construct the aforementioned water main improvements and
City -owned water and sewer adjustments ("City's Improvements") by the FDOT's roadway
contractor; and
WHEREAS, the Project is scheduled to begin construction in September 2024, and has
an initial estimated construction cost in the amount of $3,468,095.00, to be paid by the City as
depicted in exhibit A to the Utility Work by Highway Contractor Agreement (at Utility Expense)
(the "Construction Agreement"), a draft of which is attached to this Resolution as part of
Composite Exhibit "1 "; and
WHEREAS, FDOT requires the City to submit full payment of the $3,468,095.00 on or
about October 23, 2023 and funding will be covered by the following Water and Sewer account:
419-0815-069357-29-418-000-00-00-00-28520; and
WHEREAS, the official estimate for the work related to the City's Improvements will be
subsequently provided to the City by FDOT; and, to the extent that the official estimate exceeds
the initial estimated cost ("Additional Funds"), the City will be required to pay the Additional Funds
to FDOT, prior to FDOT commencing the advertisement process to procure a contractor for the
work; and
WHEREAS, the payment of Additional Funds shall be subject to funding availability within
the Public Works Department budget, and, to the extent that the total amount of the Additional
Funds exceeds the City Manager's purchasing authority of $100,000.00, said payments, shall be
subject to approval by the City Commission; and
WHEREAS, FDOT, the City, and the State of Florida, Department of Financial Services
("Escrow Agent") also desire to enter into a Three Party Escrow Agreement ("Escrow
Agreement"), establishing an escrow account for the Project with all City proceeds to be deposited
by FDOT into an interest -bearing escrow account until such time when FDOT withdraws to pay
for the costs incurred, related to the City's Improvements, a draft copy of which is attached to this
Resolution as part of Composite Exhibit "V; and
WHEREAS, the City Manager recommends approving, in substantial form, the
Construction Agreement and Escrow Agreement, necessary for the FDOT roadway contractor to
construct the required City Improvements as part of the FDOT Project; and authorizing the
Administration to deposit with FDOT the total initial estimated cost for the City's Improvements, in
the amount of $3,468,095.00, pursuant to the Escrow Agreement; and should Additional Funds
be required pursuant to the official estimate, authorize the Administration to pay said Additional
Funds pursuant to the Escrow Agreement, subject to funding availability; provided, however, that
any increases to the construction costs exceeding $100,000.00 shall require the prior approval of
the City Commission; and further authorizing the City Manager to finalize and execute the
agreements.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby approve, in substantial form, the Utility Work by Highway Contractor
Agreement and the Three Party Escrow Agreement with. the Florida Department of Transportation
(FDOT), attached to this Resolution as Composite Exhibit "1", to construct the water main
improvements and adjustments to the City -Owned utility castings (City's Improvements), located
along FDOT's State Road A1A Collins Avenue, from 441h Street to the 4700 Block, and along
Indian Creek Drive from 41s' Street to 44th Street, with an estimated construction cost of
$3,468,095, subject to receipt of the official estimate from FDOT; and authorize the Administration
to deposit with FDOT the initial estimated construction cost for the City's Improvements pursuant
to the Escrow Agreement; and should Additional Funds be required pursuant to the official
estimate, authorize the Administration to pay said Additional Funds pursuant to the Escrow
Agreement, subject to funding availability; provided, however, that any increases to the
construction costs exceeding $100,000.00 shall require the prior approval of the City Commission;
and further authorize the City Manager to finalize and execute the agreements.
PASSED and ADOPTED this %* day of October, 2023.
ATTEST:
Dan Gelber, Mayor
OCT 2 0 2023
Rafael E, Granado, City Clerk
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
C—Y-;��' Ib- 6— 23
City Attorney Date
Resolutions - C7 P
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Alina T. Hudak, City Manager
DATE: October 18, 2023
SUBJECT.A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING, IN SUBSTANTIAL FORM, A
UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT AND A THREE
PARTY ESCROW AGREEMENT WITH THE FLORIDA DEPARTMENT OF
TRANSPORTATION (FDOT), ATTACHED TO THIS RESOLUTION AS
COMPOSITE EXHIBIT "l," TO CONSTRUCT WATER MAIN SYSTEM
IMPROVEMENTS AND ADJUSTMENTS TO THE CITY -OWNED UTILITIES
LOCATED ALONG FDOT'S STATE ROAD A1A/COLLINS AVENUE, FROM
44TH STREET TO THE 4700 BLOCK, AND INDIAN CREEK DRIVE FROM
41ST STREET TO 44TH STREET (CITY'S IMPROVEMENTS), WITH AN
INITIAL ESTIMATED CONSTRUCTION COST OF $3,468,095.00, SUBJECT
TO RECEIPT OF THE OFFICIAL ESTIMATE FROM FDOT, AND
AUTHORIZING THE ADMINISTRATION TO DEPOSIT WITH FDOT THE
INITIAL ESTIMATED CONSTRUCTION COST FOR THE CITY'S
IMPROVEMENTS PURSUANT TO THE ESCROW AGREEMENT; AND
SHOULD ADDITIONAL FUNDS BE REQUIRED PURSUANT TO THE
OFFICIAL ESTIMATE, AUTHORIZING THE ADMINISTRATION TO PAY
SAID ADDITIONAL FUNDS PURSUANT TO THE ESCROW AGREEMENT,
SUBJECT TO FUNDING AVAILABILITY, PROVIDED, HOWEVER, THAT
ANY INCREASES TO THE CONSTRUCTION COSTS EXCEEDING
$100,000.00 SHALL REQUIRE THE PRIOR APPROVAL OF THE CITY
COMMISSION; AND FURTHER AUTHORIZING THE CITY MANAGER TO
FINALIZE AND EXECUTE THE AGREEMENTS.
RECOMMENDATION
The Administration recommends approving the Resolution.
BACKGROUND/HISTORY
The Florida Department of Transportation (FDOT) is planning to construct roadway
improvements along Collins Avenue from 44th Street to the 4700 Block and along Indian Creek
Drive from 41 st Street to 44th Street (the "Project').
The Project consists of milling and resurfacing, sidewalk improvements, and new pavement
Page 562 of 2240
markings. During the early design stages of the Project, the City held various meetings with FDOT
to discuss the scope of the Project and impacts to the existing City -Owned utilities.
On September 14th, 2022, City Commission requested FDOT to design and implement dual
right turn lanes along southbound Indian Creek Drive, onto westbound 41st Street. The City's
Public Works Department is also performing the design of water main improvements along the Indian
Creek Drive and Collins Avenue from 41St Street to 51St Street and requested that FDOT include the
construction of the portion of the City's water main improvements within the limits and as part of the
FDOT roadway improvements. In addition to the aforementioned water main improvements, the
FDOT roadway improvement project requires adjustments to the City -owned water and sewer
castings.
FDOT and the City have determined that it would be advantageous to both parties to enter into
an agreement to construct the aforementioned water main improvements and City -owned water
and sewer adjustments ("City's Improvements") by the FDOT's roadway contractor.
The Project is scheduled to begin construction in September 2024, and has an initial estimated
construction cost in the amount of $3,468,095.00, to be paid by the City as depicted in exhibit A
to the Utility Work by Highway Contractor Agreement (at Utility Expense) (the "Construction
Agreement'), a draft of which is attached to this Resolution as part of Composite Exhibit "1".
FDOT requires the City to submit full payment of the $3,468,095.00 on or about October 23,
2023 and funding will be covered by the following Water and Sewer account: 419-0815-
069357-29-418-000-00-00-00-28520.
The official estimate for the work related to the City's Improvements will be subsequently
provided to the City by FDOT, and, to the extent that the official estimate exceeds the initial
estimated cost ("Additional Funds"), the City will be required to pay the Additional Funds to
FDOT, prior to FDOT commencing the advertisement process to procure a contractor for the
work.
The payment of Additional Funds shall be subject to funding availability within the Public Works
Department budget, and, to the extent that the total amount of the Additional Funds exceeds the
City Manager's purchasing authority, in the amount of $100,000.00, said payments shall be
subject to approval by the City Commission.
FDOT, the City, and the State of Florida, Department of Financial Services ("Escrow Agent")
also desire to enter into a Three Party Escrow Agreement ("Escrow Agreement'), establishing
an escrow account for the Project with all City proceeds to be deposited by FDOT into an
interest -bearing escrow account until such time when FDOT withdraws to pay for the costs
incurred, related to the City's Improvements, a draft copy of which is attached to this Resolution
as part of Composite Exhibit "1 ".
The City Manager recommends approving, in substantial form, the Construction Agreement and
Escrow Agreement, necessary for the FDOT roadway contractor to construct the required City
Improvements as part of the FDOT Project; and authorizing the Administration to deposit with
FDOT the total initial estimated cost for the Citys Improvements, in the amount of
$3,468,095.00, pursuant to the Escrow Agreement; and should Additional Funds be required
pursuant to the official estimate, authorize the Administration to pay said Additional Funds
Page 563 of 2240
pursuant to the Escrow Agreement, subject to funding availability; provided; however, that any
increases to the construction costs exceeding $100,000.00 shall require the prior approval of
the City Commission; and further authorizing the City Manager to finalize and execute the
agreements.
SUPPORTING SURVEY DATA
Results from the 2022 Resident Survey related to the City's perception and satisfaction show
an overall approval of 67.4%, and rated the City as a good place to live.
FINANCIAL INFORMATION
Funding will be covered by the Public Works accounts: 419-0815-069357-29-418-000-00-00-
00-28520.
CONCLUSION
The Administration recommends approving the Resolution.
Applicable Area
Middle Beach
Is this a "Residents Right Does this item utilize G.O.
to Know" item, pursuant to Bond Funds?
City Code Section 2-14?
Yes No
Strategic Connection
Prosperity - Market and promote Miami Beach as a world class arts, culture, and quality
entertainment destination.
Legislative Tracking
Public Works
ATTACHMENTS:
Description
o Draft Agreement
o Resolution and Exhibit 1
Page 564 of 2240
FP # 443931-1-56-01
THREE PARTY ESCROW AGREEMENT
THIS AGREEMENT is made and entered into by and between the State of Florida,
Department of Transportation ("FDOT'), City of Miami Beach ("Participant"), and the State of
Florida, Department of Financial Services, Division of Treasury ("Escrow Agent"), and shall
become effective upon the Agreement's execution by Escrow Agent. .
WHEREAS, FDOT and Participant are engaged in the following project ("Project"):
Project Name: SRA1A/COLLINS AV FRM 44 ST TO 4700 BLK & INDIAN
CRK FRM 41 ST TO 44 ST
Project #: 443931-1-56-01
County: Miami -Dade
WHEREAS, FDOT and Participant desire to establish an escrow account for the project.
NOW THEREFORE, in consideration of the premises and the covenants contained
herein, the parties agree to the following:
1. An
nder
of
escrow
0 Escr
2. Other deposits to the escrow account may be made during
agreement.
'Mount established
:ount will be opened
Agent's receipt and
life of this
3. Deposits will be delivered in accordance with instructions provided by the Escrow
Agent to the FDOT for deposit into the escrow account. A wire transfer or ACH
deposit is ' the preferred method of payment and should be used whenever
possible.
4. FDOT's Comptroller or designee shall be the sole signatory on the escrow account
with the Escrow Agent and shall have sole authority to authorize withdrawals from
the account. Withdrawals will only be made to FDOT or the Participant in
accordance with the instructions provided to the Escrow Agent by FDOT's
Comptroller or designee.
5. Moneys in the escrow account will be invested in accordance with section 17.61,
Florida Statutes. The Escrow Agent will invest the moneys expeditiously. Income
is only earned on the moneys while invested. There is no guaranteed rate of
return. Investments in the escrow account will be assessed a fee in accordance
with Section 17.61(4)(b), Florida Statutes. All income of the investments shall
accrue to the escrow account.
6. Unless instructed otherwise by FDOT, all interest accumulated in the escrow
account shall remain in the account for the purposes of the Project.
Page 1 of 3
Page 565 of 2240
FP # 443931-1-56-01
7. The Escrow Agent agrees to provide written confirmation of receipt of funds to
FDOT. FDOT agrees to provide a copy of such written confirmation to Participant
upon request.
8. The Escrow Agent further agrees to provide quarterly reports to FDOT concerning
the escrow account. FDOT agrees to provide a copy of such quarterly reports to
Participant upon request.
9. The Escrow Agent shall not be liable for any error of judgment or for any act done
or omitted by it in good faith, or for anything which it may in good faith do or refrain
from doing in connection herewith.
10. Escrow Agent shall have no liability for any claim, cost, expense, damage or loss
due to the acts or omissions of FDOT and Participant, nor from any separate
agreements between FDOT and Participant and shall have no responsibility to
monitor or enforce any responsibilities herein or in any separate agreements
associated with this Agreement between FDOT and Participant.
11. This Agreement shall be governed by and interpreted in accordance with the laws
of the State of Florida.
12. Thnemed
nt cute o or n ch of which shall
beo nal, b II of i tog er shall cons to one and the same
ins
13. Thie6MI&Went f tall tegkIr upon I&basement by t§ Escrow Agent of all
money held by it in the escrow account in accordance with the instructions given
by FDOT's Comptroller or designee and notification from FDOT to Escrow Agent
that the account is to be closed.
The remainder of this page is blank.
Page 2 of 3
Page 566 of 2240
FP # 443931-1-56-01
IN WITNESS WHEREOF, the parties have duly executed the Agreement on the date(s)
below.
For FDOT-OOC (signature) For PARTICIPANT (signature)
Name and Title
Name and Title
59-3024028
Federal Employer I.D. Number Federal Employer I.D. Number
Date
Date
FDOT Legal Revi DRAFT
For Escrow Agent (signature)
Name and Title
Date
Page 3 of 3
Page 567 of 2240
EXHIBIT "1"
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION I10-010-22
UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT oGc - zo
(AT UTILITY EXPENSE)
Financial Project ID: 443931-1-56-01
Federal Project ID: D623-026-B
Financial Project ID:
Financial Project ID:
Financial Project ID:
County: Miami -Dade
State Road No.: A1A
District Document No:
Utility Agency/Owner (UAO): City of Miami Beach
THIS AGREEMENT, entered into this day of , year of , by and between the
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the "FDOT", and City of
Miami Beach, hereinafter referred to as the "UAO";
WITNESSETH:
WHEREAS, the FDOT, is constructing, reconstructing, or otherwise changing a portion of a public road or
publicly owned rail corridor, said project being identified as SRA1 A/COLLINS AV FRM 44 ST TO 4700 BLK & INDIAN
CRK FRM 41 ST TO 44 ST, State R6Nol, hereinafter referred to as the "Project'; and
WHEREAS, the UAO owns ostall certain utility facilities which are located within the limits of the
Project hereinafter referred to as the "i rm shall be deemed to include utility facilities as the same may
be relocated, adjusted, installed, or p21P
pursuant to this Agreement); and
WHEREAS, the Project requires the 1cally and/or horizontally), protection, relocation, installation,
adjustment or removal of the Facilities, or some coyjWreof, hereinafter referred to as "Utility Work"; and
WHEREAS, the FDOT and the UAO desire tMntaW a jo' agreement pursuant to Section 337.403(1)(b),
Florida Statutes for the Utility Work to be accomplished by F ontractor as part of the construction of the
Project; and
WHEREAS, the UAO, pursuant to the terms and conditions hereof ar certain costs associated with the
Utility Work;
NOW, THEREFORE, in consideration of the premises and the mutual covenants contained herein, the FDOT
and the UAO hereby agree as follows:
1. - Design of Utility Work
a. UAO shall prepare, at UAO's sole cost and expense, a final engineering design, plans, technical
special provisions, a cost estimate, and a contingency Utility Work Schedule (said contingency
schedule to be used in the case of a bid rejection) for the Utility Work (hereinafter referred to as the
"Plans Package") on or before N/A, year of N/A.
b. The Plans Package shall be in the same format as the FDOT's contract documents for the Project
and shall be suitable for reproduction.
C. Unless otherwise specifically directed in writing, the Plans Package shall include any and all activities
and work effort required to perform the Utility Work, including but not limited to, all clearing and
grubbing, survey work and shall include a traffic control plan.
d. The Plans Package shall be prepared in compliance with the FDOT's Utility Accommodation Manual
and the FDOT's Design Manual in effect at the time the Plans Package is prepared, and the FDOT's
contract documents for the Project. If the FDOT's Design Manual has been updated and conflicts
with the Utility Accommodation Manual, the Utility Accommodation Manual shall apply where such
conflicts exist.
Page 1 of 9
2.
-22
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILITIES
UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT occ - oszo
(AT UTILITY EXPENSE)
e. The technical special provisions which are a part of the Plans Package shall be prepared in
accordance with the FDOT's guidelines on preparation of technical special provisions and shall not
duplicate or change the general contracting provisions of the FDOT's Standard Specifications for
Road and Bridge Construction and any Supplemental Specifications, Special Provisions, or
Developmental Specifications of the FDOT for the Project.
UAO shall provide a copy of the proposed Plans Package to the FDOT, and to such other right of
way users as designated by the FDOT, for review at the following stages: TBD. Prior to submission
of the proposed Plans Package for review at these stages, the UAO shall send the FDOT a work
progress schedule explaining how the UAO will meet the FDOT's production schedule. The work
progress schedule shall include the review stages, as well as other milestones necessary to
complete the Plans Package within the time specified in Subparagraph a. above.
g. In the event that the FDOT finds any deficiencies in the Plans Package during the reviews performed
pursuant to Subparagraph f. above, the FDOT will notify the UAO in writing of the deficiencies and
the UAO will correct the deficiencies and return corrected documents within the time stated in the
notice. The FDOT's review and approval of the documents shall not relieve the UAO from
responsibility for subsequently discovered errors or omissions.
h. The FDOT shall furnish U
such information from the FDOT's files as requested by the UAO;
however, the UAO sh tall ti s be and remain solely responsible for proper preparation of the
Plans Package and verifyi all ' ormation necessary to properly prepare the Plans Package,
including survey inform a cation (both vertical and horizontal) of the Facilities. The
providing of information by th sh I not relieve the UAO of this obligation nor transfer any of
that responsibility to the FD
i. The Facilities and the Utility Work ffl4jp0WeA I utility facilities of the UAO which are located within
the limits of the Project, except as ge era mm ed as follows: N/A. These exceptions shall be
handled by separate arrangement.
j. If any facilities of the UAO located within the rojec emits discovered after work on the project
commences to be qualified for relocation at the FDOT's e, but not previously identified as
such, the UAO shall file a claim with the FDOT for re ry of the cost of relocation thereof. The
filing of the claim shall not necessarily entitle the UA o payment, and resolution of the claim shall
be based on a determination of fault for the error. The discovery of facilities not previously identified
as being qualified for relocation at the FDOT's expense shall not invalidate this Agreement.
k. The UAO shall fully cooperate with all other right of way users in the preparation of the Plans
Package. Any conflicts that cannot be resolved through cooperation shall be resolved in the manner
determined by the FDOT.
Upon completion of the Utility Work, the Facilities shall be deemed to be located on the public road or
publicly owned rail corridor under and pursuant to the Utility Permit: N/A
(Note: It is the intent of this line to allow either attachment of or separate reference to the
permit).
Performance of Utility Work
a. The FDOT shall incorporate the Plans Package into its contract for construction of the Project.
b. The FDOT shall procure a contract for construction of the Project in accordance with the FDOT's
requirements.
C. If the portion of the bid of the contractor selected by the FDOT which is for performance of the Utility
Work exceeds the FDOT's official estimate for the Utility Work by more than ten percent (10%) and
Page 2 of 9
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 710-010-22
ITIES UT
UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT OGC IL03/20
(AT UTILITY EXPENSE)
the FDOT does not elect to participate in the cost of the Utility Work pursuant to Section
337.403(1)(b), Florida Statutes, the UAO may elect to have the Utility Work removed from the
FDOT's contract by notifying the FDOT in writing within Ten 10 days from the date that the UAO
is notified of the bid amount. Unless this election is made, the Utility Work shall be performed as
part of the Project by the FDOT's contractor.
If the UAO elects to remove the Utility Work from the FDOT's contract in accordance with
Subparagraph 2. c., the UAO shall perform the Utility Work separately pursuant to the terms and
conditions of the FDOT's standard relocation agreement, the terms and conditions of which are
incorporated herein for that purpose by this reference, and in accordance with the contingency
relocation schedule which is a part of the Plans Package. The UAO shall proceed immediately with
the Utility Work so as to cause no delay to the FDOT or the FDOT's contractor in constructing the
Project.
e. The UAO shall perform all engineering inspection, testing, and monitoring of the Utility Work to insure
that it is properly performed in accordance with the Plans Package, except for the following activities:
N/A and will furnish the FDOT with daily diary records showing approved quantities and amounts for
weekly, monthly, and final estimates in accordance with the format required by FDOT procedures.
f. Except for the inspection,,Iftsting, monitoring, and reporting to be performed by the UAO in
accordance with Subp ra 2. e., the FDOT will perform all contract administration for its
construction contract.
g. The UAO shall fully cooroiFeOT and the FDOT's contractor in all matters relating to the
performance of the Utility Woh. The FDOT's engineer has full ahe Project and the UAO shall be responsible for
coordinating and cooperating wit
engineer. In so doing, the UAO shall make such
adjustments and changes in the Pag the FDOT's engineer shall determine are
necessary for the prosecution of the
i. The UAO shall not make any chanlans ack after the date on which the FDOT's
contract documents are mailed for advertisement of the P Ness those changes fall within the
categories of changes which are allowed by supple tal agreement to the FDOT's contract
- pursuant to Section 337.11, Florida Statutes. All cha es, regardless of the nature of the change or
the timing of the change, shall be subject to the prior approval of the FDOT.
Cost of Utility Work
a. The UAO shall be responsible for all costs of the Utility Work and all costs associated with any
adjustments or changes to the Utility Work determined by the FDOT's engineer to be necessary,
including, but not limited to the cost of changing the Plans Package and the increase in the cost of
performing the Utility Work, unless the adjustments or changes are necessitated by an error or
omission of the FDOT. The UAO shall not be responsible for the cost of delays caused by such
adjustments or changes unless they are attributable to the UAO pursuant to Subparagraph 4.a.
b. The initial estimate of the cost of the Utility Work is $3,468,095.00. At such time as the FDOT
prepares its official estimate, the FDOT shall notify the UAO of the amount of the official estimate for
the Utility Work. Upon being notified of the official estimate, the UAO shall have ten (10) working
days within which to accept the official estimate for purposes of making deposits and for determining
any possible contribution on the part of the FDOT to the cost of the Utility Work, or to elect to have
the Utility Work removed from the FDOT's contract and performed separately pursuant to the terms
and conditions set forth in Subparagraph 2. d. hereof.
C. At least thirty (30 ) calendar days prior to the date on which the FDOT advertises the Project for bids,
the UAO will pay to the FDOT an amount equal to the FDOT's official estimate; plus 24% for
Page 3 of 9
710-010-22
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILITIES
UTILIES
UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT oGc-oano
(AT UTILITY EXPENSE)
mobilization of equipment for the Utility Work, additional maintenance of traffic costs for the Utility
Work, administrative costs of field work, tabulation of quantities, Final Estimate processing and
Project accounting (said amounts are to be hereinafter collectively referred to as the Allowances);
plus 10% of the official estimate for a contingency fund to be used as hereinafter provided for
changes to the Utility Work during the construction of the Project (the Contingency Fund).
d. Payment of the funds pursuant to this paragraph will be made (choose one):
❑ directly to the FDOT for deposit into the State Transportation Trust Fund.
® as provided in the attached Three Party Escrow Agreement between UAO, FDOT and
the State of Florida, Department of Financial Services, Division of Treasury. Deposits of
less than $100,000.00 must be pre -approved by the FDOT Comptroller's Office prior to
execution of this agreement.
e. If the portion of the contractor's bid selected by the FDOT for performance of the Utility Work
exceeds the amount of the deposit made pursuant to Subparagraph c. above, then subject to and in
accordance with the limitations and conditions established by Subparagraph 2. c. hereof regarding
FDOT participation in the cost of the Utility Work and the UAO's election to remove the Utility Work
from the Project, the UAO I, within fourteen (14) calendar days from notification from the FDOT
or prior to posting of the ep bid, whichever is earlier, pay an additional amount to the FDOT to
bring the total amoun id tot total obligation of the UAO for the cost of the Utility Work, plus
Allowances and 1000 ontin cy nd. The FDOT will notify the UAO as soon as it becomes
apparent the accepted o p allowances and contingency is in excess of the advance
deposit amount; however, fail a OT to so notify the UAO shall not relieve the UAO from its
obligation to pay for its full sh a of costs on final accounting as provided herein below. In the
event that the UAO is obligated u r this aragraph 3.e. to pay an additional amount and the
additional amount that the UAO is pay does not exceed the Contingency Fund already
on deposit, the UAO shall have sixty 60) ndar s from notification from the FDOT to pay the
additional amount, regardless of when the c d is posted.
f. If the accepted bid amount plus allowance and nting y is less than the advance deposit
amount, the FDOT will refund the amount that the adva osit exceeds the bid amount, plus
allowances and contingency if such refund is requeste the UAO in writing and approved by the
Comptroller of the FDOT or his designee.
g. Should contract modifications occur that increase the UAO's share of total project costs, the UAO
will be notified by the FDOT accordingly. The UAO agrees to provide, in advance of the additional
work being performed, adequate funds to ensure that cash on deposit with the FDOT is sufficient to
fully fund its share of the project costs. The FDOT shall notify the UAO as soon as it becomes
apparent the actual costs will overrun the award amount; however, failure of the FDOT to so notify
the UAO shall not relieve the UAO from its obligation to pay for its full share of project costs on final
accounting as provided herein below.
h. The FDOT may use the funds paid by the UAO for payment of the cost of the Utility Work. The
Contingency Fund may be used for increases in the cost of the Utility Work which occur because of
quantity overruns or because of adjustments or changes in the Utility Work made pursuant to
Subparagraph 2. h. Prior to using any of the Contingency Fund, the FDOT will obtain the written
concurrence of the person delegated that responsibility by written notice from the UAO. The
delegatee shall respond immediately to all requests for written concurrence. If the delegatee refuses
to provide written concurrence within fourteen (14) days and the FDOT determines that the work is
necessary, the FDOT may proceed to perform the work and recover the cost thereof pursuant to
the provisions of Section 337.403(3), Florida Statutes. In the event that the Contingency Fund is
depleted, the UAO shall, within fourteen (14) calendar days from notification from the FDOT,
pay to the FDOT an additional 10% of the total obligation of the UAO for the cost of the Utility
Work established under Subparagraph 3. e. for future use as the Contingency Fund.
Page 4of9
710-010-22
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILITIES
UTILIES
UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT Occ—osrzo
(AT UTILITY EXPENSE)
Upon final payment to the Contractor, the FDOT intends to have its final and complete accounting of
all costs incurred in connection with the work performed hereunder within three hundred sixty (360)
days. All project cost records and accounts shall be subject to audit by a representative of the UAO
for a period of three (3) years after final close out of the Project. The UAO will be notified of the final
cost. Both parties agree that in the event the final accounting of total project costs pursuant to the
terms of this agreement is less than the total deposits to date, a refund of the excess will be made by
the FDOT to the UAO in accordance with Section 215.422, Florida Statutes. In the event said final
accounting of total project costs is greater than the total deposits to date, the UAO will pay the
additional amount within forty (40) calendar days from the date of the invoice. The UAO agrees to
pay interest at a rate as established pursuant to Section 55.03, Florida Statutes, on any invoice not
paid within the time specified in the preceding sentence until the invoice is paid.
4. Claims Against UAO
a. The UAO shall be responsible for all costs incurred as a result of any delay to the FDOT or its
contractors caused by errors or omissions in the Plans Package (including inaccurate location of the
Facilities) or by failure of the UAO to properly perform its obligations underthis Agreement in a timely
manner.
b. In the event the FDOT' n for provides a notice of intent to make a claim against the FDOT
relating to the Utility , the DOT will notify the UAO of the notice of intent and the UAO will
thereafter keep and ntain y ' d reports and all other records relating to the intended claim.
C. In the event the FDOT's cont a any claim against the FDOT relating to the Utility Work,
the FDOT will notify the UA of th and the UAO will cooperate with the FDOT in analyzing
and resolving the claim within a re onabl An
shy resolution of any portion of the claim directly
between the UAO and the FDOT' ct all be in writing, shall be subject to written FDOT
concurrence and shall specify the a ent ich ' solves the claim against the FDOT.
d. The FDOT may withhold payment of Burp s o t AO until final resolution (including any
actual payment required) of all claims relate g to t Will ork. The right to withhold shall be
limited to actual claim payments made by the FDOT to t T's contractor.
5. Out of Service Facilities
No Facilities shall be placed out of service unless specifically identified as such in the Plans. The following
terms and conditions shall apply to Facilities placed Out -of -Service:
a. The UAO acknowledges its present and continuing ownership of and responsibility for out of service
Facilities.
b. The FDOT agrees to allow the UAO to leave the Facilities within the right of way subject to the
continuing satisfactory performance of the conditions of this Agreement by the UAO. In the event of
a breach of this Agreement by the UAO, the Facilities shall be removed upon demand from the
FDOT in accordance with the provisions of Subparagraph e. below.
C. The UAO shall take such steps to secure the Facilities and otherwise make the Facilities safe in
accordance with any and all applicable local, state or federal laws and regulations and in accordance
with the legal duty of the UAO to use due care in its dealings with others. The UAO shall be solely
responsible for gathering all information necessary to meet these obligations.
d. The UAO shall keep and preserve all records relating to the Facilities, including, but not limited to;
records of the location, nature of, and steps taken to safely secure the Facilities and shall promptly
respond to information requests of the FDOT or other permittees using or seeking use of the right of
way.
Page 5 of 9
6.
710-010-22
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILITIES
UTILIES
UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT OGC-03/20
(AT UTILITY EXPENSE)
e. The UAO shall remove the Facilities at the request of the FDOT in the event that the FDOT
determines that removal is necessary for FDOT use of the right of way or in the event that the FDOT
determines that use of the right of way is needed for other active utilities that cannot be otherwise
accommodated in the right of way. Removal shall be at the sole cost and expense of the UAO and
without any right of the UAO to object or make any claim of any nature whatsoever with regard
thereto. Removal shall be completed within the time specified in the FDOT's notice to remove. In
the event that the UAO fails to perform the removal properly within the specified time, which shall be
reasonable under the circumstances, the FDOT may proceed to perform the removal at the
UAO's expense pursuant to the provisions of Sections 337.403 and 337.404, Florida Statutes.
Default
Except as otherwise provided in Subparagraph e. above, the UAO agrees that the Facilities shall
forever remain the legal and financial responsibility of the UAO. The UAO shall reimburse the FDOT
for any and all costs of any nature whatsoever resulting from the presence of the Facilities within the
right of way. Said costs shall include, but shall not be limited to, charges or expenses which may
result from the future need to remove the Facilities or from the presence of any hazardous substance
or material in or discharging from the Facilities. Nothing in this paragraph shall be interpreted to
require the UAO to indemnify the FDOT for the FDOT's own negligence; however, it is the intent that
all other costs and expenses of any nature be the responsibility of the UAO.
In the event that the O br y provision of this Agreement, then in addition to any other
remedies which are othe pr de r in this Agreement, the FDOT may exercise one or more of
the following options, provide n me shall the FDOT be entitled to receive double recovery
of damages:
(1) Terminate this Agreement a is material and has not been cured within sixty (60)
days from written notice thereof f FD
(2) Pursue a claim for damages suffe FXD
(3) If the Utility Work is reimbursable under this Agithhold reimbursement payments
until the breach is cured. The right to withhlimited to actual claim payments
made by FDOT to third parties.
(4) If the Utility Work is reimbursable under this Agreement, offset any damages suffered by the
FDOT or the public against payments due under this Agreement for the same Project. The
right to offset shall be limited to actual claim payments made by FDOT to third parties.
(5) Suspend the issuance of further permits to the UAO for the placement of Facilities on FDOT
property if the breach is material and has not been cured within sixty (60) days from written
notice thereof from FDOT.
(6) Pursue any other remedies legally available.
(7) Perform any work with its own forces or through contractors and seek repaymentfor the cost
thereof under Section 337.403(3), Florida Statutes.
b. In the event that the FDOT breaches any provision of this Agreement, then in addition to any other
remedies which are otherwise provided for in the Agreement, the UAO may exercise one or more of
the following options:
(1) Terminate this Agreement if the breach is material and has not been cured within sixty (60)
days from written notice thereof from the UAO.
Page 6 of 9
STATE OF FLORIDA DEPARTMENT OF TFANSPORTATION 710-010-22
UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT UTILITIES
(AT UTILITY EXPENSE) occ-03/20
(2) If the breach is a failure to pay an invoice for Utility Work which is reimbursable under this
Agreement, pursue any statutory remedies that the UAO may have for failure to pay
invoices.
(3) Pursue a claim for damages.
(4) Pursue any other remedies legally available.
c. Termination of this Agreement shall not relieve either party from any obligations it has pursuant to other
agreements between the parties nor from any statutory obligations that either party may have with regard
to the subject matter hereof.
7. Force Majeure
Neither the UAO nor the FDOT shall be liable to the other for any failure to perform under this Agreement to
the extent such performance is prevented by an act of God, war, riots, natural catastrophe, or other event
beyond the control of the non -performing party and which could not have been avoided or overcome by the
exercise of due diligence; provided that the party claiming the excuse from performance has (a) promptly
notified the other party of the occurrence and its estimate duration, (b) promptly remedied or mitigated the
effect of the occurrence to the extent possible, and (c) resumed performance as soon as possible.
8. Indemnification
FOR GOVERNMENT -OWNED
To the extent provided by laves
officers, agents, and employee,.
acts, action, error, neglect, or
performance of the Agreement, whetfler
FDOT or said parties may be subject, ex(
be liable under this section for damages
indemnify, defend, and hold harmless the FDOT and all of its
%Joss, damage, cost, charge, or expense arising out of any
thTAO, its agents, employees, or contractors during the
r Indirect, and whether to any person or property to which
iW&04 the UAO, its agents, employees, or contractors will
'r o%ffthe j &ry or damage to persons or property directly
caused by or resulting from the negligence of the
officers, agents, employees, or
contractors during the performance of this Agreem3r* `
When the FDOT receives a notice of claim for damages that ma a been caused by the UAO in the
performance of services required under this Agreement, the FD will I mediately forward the claim to the
UAO. The UAO and the FDOT will evaluate the claim and re their findings to each other within fourteen
(14) working days and will jointly discuss options in defending the claim. After reviewing the claim, the FDOT
will determine whether to require the participation of the UAO in the defense of the claim or to require the
UAO to defend the FDOT in such claim as described in this section. The FDOT's failure to notify the UAO of
a claim shall not release the UAO from any of the requirements of this section. The FDOT and the UAO will
pay their own costs for the evaluation, settlement negotiations, and trial, if any. However, if only one party
participates in the defense of the claim at trial, that party is responsible for all costs.
FOR NON -GOVERNMENT -OWNED UTILITIES,
The UAO shall indemnify, defend, and hold harmless the FDOT and all of its officers, agents, and employees
from any claim, loss, damage, cost, charge, or expense arising out of any acts, action, error, neglect, or
omission by the UAO, its agents, employees, or contractors during the performance of the Agreement,
whether direct or indirect, and whether to any person or property to which FDOT or said parties may be
subject, except that neither the UAO, its agents, employees, or contractors will be liable underthis section for
damages arising out of the injury or damage to persons or property directly caused by or resulting from the
negligence of the FDOT or any of its officers, agents, or employees during the performance of this
Agreement.
The UAO's obligation to indemnify, defend, and pay for the defense or at the FDOT's option, to participate
and associate with the FDOT in the defense and trial of any damage claim or suit and any related settlement
negotiations, shall arise within fourteen (14) days of receipt by the UAO of the FDOT's notice of claim for
Page 7 of 9
9.
10.
710-010-22
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILITIES
UTILIES
UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT OGc-03/20
(AT UTILITY EXPENSE)
indemnification to the UAO. The notice of claim for indemnification shall be served by certified mail. The
UAO's obligation to defend and indemnify within fourteen (14).days of such notice shall not be excused
because of the UAO's inability to evaluate liability or because the UAO evaluates liability and determines the
UAO is not liable or determines the FDOT is solely negligent. Only a final adjudication of judgment finding
the FDOT solely negligent shall excuse performance of this provision by the UAO. The UAO shall pay all
costs and fees related to this obligation and its enforcement by the FDOT. The FDOT's delay in notifying the
UAO of a claim shall not release UAO of the above duty to defend.
Miscellaneous
a. Time is of essence in the performance of all obligations under this Agreement.
b. The Facilities shall at all times remain the property of and be properly protected and maintained by
the UAO in accordance with the current Utility Accommodation Manual in effect at the time the Plans
Package is prepared and the current utility permit for the Facilities; provided, however, that the UAO
shall not be obligated to protect or maintain any of the Facilities to the extent the FDOT's contractor
has that obligation as part of the Utility Work pursuant to the FDOT's specifications.
C. The FDOT may unilaterally cancel this Agreement for refusal by the UAO to allow public access to all
documents, papers, letter r other material subject to the provisions of Chapter 119, Florida
Statutes, and made or rg Iv y the UAO in conjunction with this Agreement.
d. This Agreement conVI&tes t c lete and final expression of the parties with respect to the
subject matter hereof a e e II prior agreements, understandings, or negotiations with
respect thereto, except that ies nderstand and agree that the FDOT has manuals and
written policies and procedur whi y be applicable at the time of the Project and the relocation
of the Facilities. /1
e. This Agreement shall be governed bTt-helWof t lift of Florida. Any provision hereof found to
be unlawful or unenforceable shall be sev ab n all not affect the validity of the remaining
portions hereof.
All notices required pursuant to the terms hereof may by first class United States Mail,
facsimile transmission, hand delivery, or express mail shall be deemed to have been received by
the end of five business days from the proper sendin ereof unless proof of prior actual receipt is
provided. The UAO shall have a continuing obligation to notify each District of the FDOT of the
appropriate persons for notices to be sent pursuant to this Agreement. Unless otherwise notified in
writing, notices shall be sent to the following addresses:
If to the UAO:
Luis Soto, P.E.
City of Miami Beach Sr. Principal Engineer
1700 Convention Center Drive Miami Beach, FL 33139
If to the FDOT:
Xenia K. Rodriguez
District Utility Administrator
1000 NW 111 Ave 1000 NW 111 Ave.Miami, FL. 33172 Ph: 305-470-5234
Certification
This document is a printout of an FDOT form maintained in an electronic format and all revisions thereto by
the UAO in the form of additions, deletions, or substitutions are reflected only in an Appendix entitled
Changes To Form Document and no change is made in the text of the document itself. Hand notations on
affected portions of this document may refer to changes reflected in the above -named Appendix but are for
reference purposes only and do not change the terms of the document. By signing this document, the UAO
Page 8 of 9
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 710-010-22
UTILITIES
UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT occ-03120
(AT UTILITY EXPENSE)
hereby represents that no change has been made to the text of this document except through the terms of the
appendix entitled Changes to Form Document.
You MUST signify by selecting or checking which of the following applies:
® No changes have been made to this Form Document and no Appendix entitled "Changes to Form
Document' is attached.
❑ No changes have been made to this Form Document, but changes are included on the attached
Appendix entitled "Changes to Form Document."
IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective the day and year first written.
UTILITY: City of Miami Beach
BY:(Signature) DATE:
(Typed Name: )
(Tvoed Title: )
Recommend Approval by the D
BY:
FDOT Legal review
BY:
District Counsel
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
X"'*
DATE:
DATE:
BY: (Signature) DATE:
(Typed Name: Daniel Iglesias)
(Typed Title: Director of Transportation Development)
FEDERAL HIGHWAY ADMINISTRATION (if applicable)
BY: DATE:
(Typed Name: )
(Typed Title: _)
Page 9 of 9
ENGINEER'S OPINION OF PROBABLE COST
INSTALLATION OF 20" &12" WATER MAINS ON INDIAN CREEK DR. FROM 41ST ST..TO 47TH ST.
CITY OF MIAMI BEACH.
For a detailed description of each line Item please refer to Section T5.00 — Measurement and Payment of the project TSP. R D U R R
Updated for.100 % Bid Set 9/2212023'
Item No. Bid Item Description ® "®
Technical Special Provision far Water Main
1050 18002
Utility Pipe, Plug & Place Out Of Service, 2-4.9"
LF
800
$16.49
$13,192.00
1050 18003
Utility Pipe, Plug &-Place Out Of Service, 5-7.9"
LF
1280
$2020
$25,856.00
1050 18004
Utility Pipe, Plug & Place Out Of Service, 8-19.9"
LF
3040
$27.17
$82,596.80
1050 51202
Utility Pipe — Ductile Iron, Furnish & Install, 2"
LF
1100
$77.81
$85,591.00
1050 51203
Utility Pipe = Ductile Iron, Furnish & Install, 3" _
LF
300
$B6.45
$25,935.00
1050 51204 .
Utility.Pipe = Ductile Iron, Furnish & Install, 4"
LF
80
$96.06
$7,684.80
1050 51206.
Utility Pipe — Ductile Iron, Furnish & Install, 6"
LF
360
$106.73
$38,422.80
1050 51208
Utility Pipe - Ductile Iron, Furnish & Install, 8"
LF
220
$133.99
$29,477.80
1050 51212 '
Utility Pipe — Ductile Iron, Furnish & Install, 12"
LF
2940
$208.02
$611,578.80
1050 51216
Utility Pipe —. Ductile Iron, Furnish & Install, 16"
LF
20
$358.68
$7,173.60
1.050 51220
Utility Pipe — Ductile Iron, Furnish & Install, 20"
LF
2000
$485.39
$970;780.00
1080 23104
Utility Fixture, Tapping Saddle/ Sleeve, Furnish and Install, 4"
EA
3
$4,000.00
$12,000.00
1080 23106
Utility.Fixture, Tapping Saddle/ Sleeve, Furnish and Install, 6"
EA
1
$4,500.00
$4,500.00
1080'23108
Utility Fixture, Tapping Saddle/ Sleeve, Furnish and Install, 8"
EA
4
$5,000.00
- $20,000.00
1080 23112
Utility Fixture, Tapping Saddle/ Sleeve, Furnish and Install, 12"
EA
3
$6,000.00
$18,000.00
1080 23116
Utility Fixture, .Tapping Saddle/ Sleeve, Furnish and Install, 16"
EA
2
$8,000.00
. $16,000.00
1080 24104
Utility Pipe — Utility Fixture- Valve Assembly, Mechanical Joint Resilient -Seated Gate Valves; 4"
EA
3
$1,500.00
$4,500.60
1080 24106 .
Utility.Pipe —_ Utility Fixture- Valve Assembly, MachanigJAWnt Resilient -Seated Gate Valves, 6"
EA
8
$1,900.00
$15,200.00
1080 24109
Utility Pipe — Utility Fixture- Valve Assembly; MecqWaI J Resilient -Seated Gate Valves, 8"
EA
5
$2,600.001
$13,000.00
1080 24112
Utility Pipe - Utility Fixture- Valve Assembly, kJognical Joi esilient-Seated Gate Valves, 12"
EA
9
$5,800.60
$52.200.00
1.080 241.16
Utility Fixture -Valve Assembly, Mechanical Jo utterfly es,
Utility Fixture- Valve Assembly, Mechanical Joint alv 0
Utility Fixture -Valve Removal, Mechanical Joint Butterly Val ated a Valves
EA
3 .
$4,200.00
$12,60D.00
1080 24120
EA
4
$5,000.00
$20,000.00
1080 24600
EA
46'
$400.00
$18,400.00
1080 26102
Utility Fixture, Vac/Air Assembly, Furnish & Install 2"
EA
20
$6,996.60
$139,932.00
CONTINGENT
1644300
Fire Hydrant, Install
EA
7
$10,077.48
$70,542:36
1644400
Fire Hydrant, Salvage & Store
EA
7
$1,716.00
$12,012.00
0120.4
Subsoil Excavation
CY
657
$23.00
$15011.00
01206
Embankment A,
CY
657
$37.00
$24,309.00
02101
Reworking Limerock Base, 6"
SY
3240
$32.00
$103,680.00
05201
Concrete Curb & Gutter
LF
120
$34.00
$4,080.00
CONTINGENT
05221.
Concrete Sidewalk and Driveways, 4" Thick
SY
80
$68.28
$5,462.40
CONTINGENT
E5751
Sodding
34
$19.50
' $663.001
CONTINGENT
0455133 3
Sheet Piling Steel, F&I Permanent
S
250
$20.00
$5,000.001
CONTINGENT
Exhibit A - Utility Work by Highway Contract
1080 24500
IValves ( Utility Fixture, Valve Assembly, Adjust/Modify)
EA
1 34
$900.00
$30,600.00
106015
Manholes (Utility Structure, Below Ground, Adjust/Modify)
EA
1 21
$2,500.001
$52,500.00
1080 21500
lWater Meter Boxes (Utility Fixture, Valve/Meter Box, Adjust)
I EA
1 23
$850.001
$19,550.00
Subtotal Construction
$2;588,130.36
Contamination Assessment Remediation Services - To be determined during construction
DA
$
Subtotal' Construction and CAR Services
$2,588,130.36
0102 1
IMaintenancie of Traffic (9%)
AS
1
9%
$232,931.73
0101 1 .
Mobiliiation/Demobilization (9%)
AS
1
9%
$232,931.73
Police OfficerAllowance
AS
1
$0.00
Contingency Allowance (10%)
AS
1
10 %
$258,813.04
Construction Engineering Administration (CEA) (6%)
AS
1
6%
$155,287.82
Subtotal Construction Allowances
$879,964.32
GRAND TOTAL BASE BID (SUBTOTAL- CONSTRUCTION + CAR SERVICES + ALLOWANCES),.,
$3,468,095' -
EXHIBIT B
PROJECT FPID: 443931-1-52-01
PROJECT LIMITS: SR A1A/COLLINS AVE FROM 44TH STREET TO 4700 BLOCK AND INDIAN CREEK
FROM 41ST ST TO 44TH ST
PLANS DATED: 08/18/2023
UAO REVIEWER: LUIS SOTO
ITEM
SHEET
STATION
(B/L
SRA1A)
OFFSET
TYPE OF
FACILITY
COMMENTS
1
38
72+93.30
LT
Water Valve
To be adjusted to final grade
2
38
73+29.71
RT
Sewer Manhole
To be adjusted to final grade
3
38
73+46.04
RT
Sewer Manhole
To be adjusted to final grade
4
38
74+61.09
RT
Water Meter
To be adjusted to final grade
5
38
75+68.22
w Manhole
To be adjusted to final grade
6
39
77+43.46
LT
ter alve
To be adjusted to final grade
7
39
77+46.40
RT
er M
To be adjusted to final grade
8
39
77+62.11
RT
Wa er
To be adjusted to final grade
9
39
78+25.23
RT
Sewer Ma
To be adjusted to final grade
10
39
78+58.13
RT
Sewer Manhole
be adjusted to final grade
11
39
78+92.03
LT
Water Valve
To be adjusted to final grade
12
39
78+95.22
LT
Water Valve
To be adjusted to final grade
13
39
81+52.54
RT
Sewer Manhole
To be adjusted to final grade
14
39
81+60.45
LT
Water Valve
To be adjusted to final grade
15
40
82+69.69
RT
Sanitary Manhole
To be adjusted to final grade
16
40
83+84.55
RT
Sanitary Manhole
To be adjusted to final grade
17
40
83+99.70
LT
Water Valve
To be adjusted to final grade
18
40
84+02.54
LT
Water Valve
To be adjusted to final grade
19
40
84+05.93
LT
Water Valve
To be adjusted to final grade
20
40
84+08.53
LT
Water Valve
To be adjusted to final grade
21
40
84+08.83
LT
Water Valve
To be adjusted to final grade
22
40
84+15.13
LT
Water Valve
To be adjusted to final grade
23
40
84+29.86
LT
Water Valve
To be adjusted to final grade
24
40
84+80.04
RT
Water Valve
To be adjusted to final grade
25
40
84+95.46
LT
Water Valve
To be adjusted to final grade
26
40
84+98.22
RT
Water Meter
To be adjusted to final grade
27
40
85+20.81
RT
Sanitary Manhole
To be adjusted to final grade
28
40
86+36.70
LT
Water Valve
To be adjusted to final grade
29
40
87+55.42
LT
Water Valve
To be adjusted to final grade
30
40
88+20.75
RT
Water Meter
To be adjusted to final grade
31
41
88+21.02
LT
Water Valve
To be adjusted to final grade
32
41
88+21.55
r Meter
To be adjusted to final grade
33
41
88+24.30
RToF
Wteeter
To be adjusted to final grade
34
41
88+24.93
LT
ter V
To be adjusted to final grade
35
41
88+26.98
RT
Wa er
To be adjusted to final grade
36
41
88+25.10
RT
Water V
To be adjusted to final grade
37
41
88+28.22
LT
Water Valve
be adjusted to final grade
38
41
88+29.46
RT
Water Meter
To be adjusted to final grade
39
41
88+50.15
RT
Sanitary Manhole
To be adjusted to final grade
40
41
88+91.44
LT
Water Valve
To be adjusted to final grade
41
41
90+56.03
LT/RT
Water Valve
To be adjusted to final grade
42
41
91+81.43
RT
Sanitary Manhole
To be adjusted to final grade
43
41
92+76.37
RT
Sanitary Manhole
To be adjusted to final grade
44
41
93+31.17
RT
Water Valve
To be adjusted to final grade
45
41
93+39.33
RT
Water Meter
To be adjusted to final grade
46
41
93+40.22
RT
Water Valve
To be adjusted to final grade
47
41
93+42.38
LT/RT
Water Valve
To be adjusted to final grade
48
41
93+45.09
RT
Water Meter
To be adjusted to final grade
49
41
93+44.83
RT
Water Valve
To.be adjusted to final grade .
50
41
93+62.39
LT
Water Valve
To be adjusted to final grade
51
41
93+84.49
RT
Water Valve
To be adjusted to final grade
52
41
93+94.64
LT
Water Valve
To be adjusted to final_grade
53
42
94+06.42
LT
Water Valve
To be adjusted to final grade
54
42
94+13.77
LT
Water Valve
To be adjusted to final grade
55
42
94+17.02
LT
Water Valve
To be adjusted to final grade
56
42
94+18.63
LT
Water Valve
To be adjusted to final grade
57
42
94+17.74
RT
Water Meter
To be adjusted to final grade
58
42
94+18.94
RT
Z59
Water Valve
To be adjusted to final grade
42
94+28.92
r Meter
To be adjusted to final grade
60
42
94+35.37
RT
ry nhole
To be adjusted to final grade
61
42
95+10.12
RT
er M
To be adjusted to final grade
62
42
95+12.24
RT
Sanitary le
To be adjusted to final grade
63
42
95+46.51
RT
Water M
To be adjusted to final grade
64
42
97+40.46
RT
Water Meter
be adjusted to final grade
65
42
97+43.25
RT
Water Meter
To be adjusted to final grade
66
42
98+60.81
RT
Sanitary Manhole
To be adjusted to final grade
67
43
99+92.96
RT
Water Meter
To be adjusted to final grade
68
43
100+56.28
RT
Sanitary Manhole
To be adjusted to final grade
69
43
103+35.40
RT
Sanitary Manhole
To be adjusted to final grade
70
43
105+30.90
RT
Sanitary Manhole
To be adjusted to final grade
71
44
106+76.62
RT
Sanitary Manhole
To be adjusted to final grade
72
44
106+95.13
RT
Water Meter
To be adjusted to final grade
73
44
106+98.67
RT
Water Meter
To be adjusted to final grade
74
44
107+01.08
RT
Water Meter
To be adjusted to final grade
75
44
107+23.59
RT
Water Meter
To be adjusted to final grade
76
44
107+32.92
RT
Sanitary Manhole
To be adjusted to final grade
77
44
109+57.86
RT
Sanitary Manhole
To be adjusted to final grade
78
41
1 92+18.53
RT
I Water Meter
To be adjusted to final grade
EXHIBIT "1"
FP # 443931-1-56-01
THREE PARTY ESCROW AGREEMENT
THIS AGREEMENT is made and entered into by and between the State of Florida,
Department of Transportation ("FDOT"), City of Miami Beach ("Participant"), and the State of
Florida, Department of Financial Services, Division of Treasury ("Escrow Agent"), and shall
become effective upon the Agreement's execution by Escrow Agent.
WHEREAS, FDOT and Participant are engaged in the following project ("Project"):
Project Name: SRA1A/COLLINS AV FIRM 44 ST TO 4700 BILK & INDIAN
CRK FIRM 41 ST TO 44 ST
Project #: 443931-1-56-01
County: Miami -Dade
WHEREAS, FDOT and Papant desire to establish an escrow account for the project.
NOW THEREFORE,
herein, the parties agree to 1
An initial deposit will t;k7l
hereunder for the purpc
with the Escrow Agent
execution of this Agreen
2. Other deposits to the escrow
agreement.
of the premises and the covenants contained
WA an interest bearing escrow account established
of the ject. The escrow account will be opened
FDOT upon Escrow Agent's receipt and
during the life of this
3. Deposits will be delivered in accordance wi#lhstructions provided by the Escrow
Agent to the FDOT for deposit into the escrow account. A wire transfer or ACH
deposit is the preferred method of payment and should be used whenever
possible.
4. FDOT's Comptroller or designee shall be the sole signatory on the escrow account
with the Escrow Agent and shall have sole authority to authorize withdrawals from
the account. Withdrawals will only be made to FDOT or the Participant in
accordance with the instructions provided to the Escrow Agent by FDOT's
Comptroller or designee.
5. Moneys in the escrow account will be invested in accordance with section 17.61,
Florida Statutes. The Escrow Agent will invest the moneys expeditiously. Income
is only earned on the moneys while invested. There is no guaranteed rate of
return. Investments in the escrow account will be assessed a fee in accordance
with Section 17.61(4)(b), Florida Statutes. All income of the investments shall
accrue to the escrow account.
Unless instructed otherwise by FDOT, all interest accumulated in the escrow
account shall remain in the account for the purposes of the Project.
Page 1 of 3
FP # 443931-1-56-01
7. The Escrow Agent agrees to provide written confirmation of receipt of funds to
FDOT. FDOT agrees to provide a copy of such written confirmation to
Participant.
The Escrow Agent further agrees to provide quarterly reports to FDOT concerning
the escrow account. FDOT agrees to provide a copy of such quarterly reports to
Participant.
The Escrow Agent shall not be liable for any error of judgment or for any act done
or omitted by it in good faith, or for anything which it may in good faith do or refrain
from doing in connecfiion herewith.
10. Escrow Agents ha no liability for any claim, cost, expense, damage or loss
due to the acWor om' io s of FDOT and Participant, nor from any separate
agreements benihisree
d Participant and shall have no responsibility to
monitor or enfpo ibilities herein or in any separate agreements
associated with etween FDOT and Participant.
11. This Agreement shall be g and interpreted in accordance with the laws
of the State of Florida and venue an tion relating to this Agreement shall
be in Miami -Dade County, Florid
12. This Agreement may be executed 1 o or ounterparts, each of which shall
be deemed an original, but all of which together constitute one and the same
instrument.
13. This Agreement shall terminate upon disbursement by the Escrow Agent of all
money held by it in the escrow account in accordance with the instructions given
by FDOT's Comptroller or designee and notification from FDOT to Escrow Agent
that the account is to be closed.
The remainder of this page is blank.
Page 2 of 3
FP # 443931-1-56-01
IN WITNESS WHEREOF, the parties have duly executed the Agreement on the date(s)
below.
For FDOT-OOC (signature)
Name and Title
59-3024028
Federal Employer I.D. Number
Date
FDOT Legal Review:
For Escrow Agent (signature)
Name and Title
Date
Page 3 of 3
For PARTICIPANT (signature)
Name and Title
Federal Employer I.D. Number
Date