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HomeMy WebLinkAboutResolution 2026-340752026-34075 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE FOLLOWING AGREEMENTS AS PART OF THE FDOT'S STATE ROAD 907/ALTON ROAD RECONSTRUCTION PROJECT (FPID 429193-1-52-01), FROM MICHIGAN AVENUE TO 43RD STREET (ED SULLIVAN DRIVE): (1) A LOCALLY FUNDED AGREEMENT ("LFA") FOR THE CONSTRUCTION OF A PEDESTRIAN AND BICYCLE SHARED -USE PATH ALONG THE EAST SIDE OF ALTON ROAD, FROM MICHIGAN AVENUE TO CHASE AVENUE, ABUTTING THE MIAMI BEACH GOLF COURSE, INCLUDING MODIFICATIONS TO THE GOLF COURSE IRRIGATION SYSTEM AND ADJACENT PARKING LOT CONFIGURATION, FOR A TOTAL ESTIMATED CONSTRUCTION COST OF $1,400,000.00; AND (2) A UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT ("UWHCA") FOR THE REPLACEMENT AND UPGRADES OF THE CITY -OWNED WATER AND SEWER SYSTEMS ALONG ALTON ROAD, FROM MICHIGAN AVENUE TO CHASE AVENUE, WITH AN INITIAL ESTIMATED CONSTRUCTION COST OF $19,817,695.00; AND FURTHER, AUTHORIZING THE CITY TO DEPOSIT THE TOTAL AMOUNT DUE UNDER SAID AGREEMENTS ($21,217,695.00), ON OR BEFORE MARCH 2, 2026, IN ACCORDANCE WITH THE PREVIOUSLY APPROVED THREE PARTY ESCROW AGREEMENT. WHEREAS, on October 26, 2022, the Mayor and City Commission (City Commission) adopted Resolution No. 2022-32358, approving, in substantial form, a Memorandum of Agreement (MOA) between the City and the Florida Department of Transportation (FDOT), memorializing the parties' commitment related to FDOT's undertaking to design and construct certain City -owned utility and transportation facilities along FDOT's State Road 907/Alton Road, from Michigan Avenue to 43rd Street (FPID# 429193-1), as part of the reconstruction of the FDOT Alton Road Project; and further authorized the City Manager and City Clerk to execute the MOA; and WHEREAS, the Michigan Avenue to 43rd Street Project (the "Alton Road Project 1"), as originally proposed, encompassed roadway improvements and maintenance, included enhancements to the drainage system, installation of new pump stations, pavement and sidewalk reconstruction, upgraded signalization, landscaping, and new pavement markings; and WHEREAS, to capitalize on the scope of the proposed project, the City requested additional enhancements, such as the incorporation of pedestrian facilities, implementation of two-way bicycle lanes, deployment of an Intelligent Transportation System (ITS), and the design, construction, and installation of City -owned water and sewer infrastructure; and WHEREAS, during the course of the design, the City decided not to proceed with the installation of the ITS component; and WHEREAS, FDOT typically does not include roadway improvements or enhancements that do not comply with its standards in roadway reconstruction projects, unless specifically requested by the municipality, and in this case, the Florida Department of Transportation (FDOT) agreed to these requests, contingent upon the City funding the enhancements; and WHEREAS, several of the improvements requested by the City will extend into City -owned property or City -owned rights -of -way; however, FDOT has agreed to incorporate these improvements into its project scope, requiring the municipality to assume full responsibility for the construction costs associated with the proposed enhancements along State Road 907 (Alton Road), from Michigan Avenue to 43rd Street; and WHEREAS, to proceed with the amended scope, the City would need to sign and execute a Locally Funded Agreement (LFA) and a Utility Work by Highway Contractor Agreement (UWHCA); and WHEREAS, on October 18, 2023, the City Commission adopted Resolution No. 2023- 32813, approving, in substantial form, a Utility Work by Highway Contractor Agreement (UWHCA), with an initial estimated construction cost of $9,267,312.70; a Locally Funded Agreement (LFA), with an estimated construction cost of $2,115,808.64; an Off -System Construction and Maintenance Agreement; and a Three Party Escrow Agreement, as part of the FDOT Alton Road Project 1; and WHEREAS, in late 2025, FDOT notified the City of substantial revisions to the previously approved UWHCA and LFA agreements and pricing, requiring that these items be resubmitted to the City Commission for approval; and WHEREAS, the scope of the new LFA is the same as the one approved by the City Commission on October 18, 2023 and includes: • Construction of a pedestrian and bicycle shared -use path along the east side of Alton Road, from Michigan Avenue to Chase Avenue, adjacent to the Miami Beach Golf Course; and • Modifications to the golf course irrigation system and adjacent parking lot configuration, as well as installation of Saint Augustine sod and its respective irrigation system along the median; and WHEREAS, the City and FDOT have finalized the new LFA agreement, a copy of which is attached to the City Commission Memorandum accompanying this Resolution as Attachment "A", with the following revisions: • An increase in the total estimated project cost from $2,115,808.64 to $2,800,000.00, re- flecting the updated Engineer's Opinion of Probable Cost (EOPC), driven by rising con- struction expenses between 2023 and 2026: • Additional funding through FDOT, via the County Incentive Grant Program (CIGP), cover- ing 50% of the total project cost ($1,400,000.00); and • Payment by the City of the remaining 50% ($1,400,000) to FDOT in a single deposit on or before the FDOT production date of March 2, 2026; and WHEREAS, the City and FDOT have similarly finalized the new UWHCA, attached to the City Commission Memorandum as Attachment "B", with the following revisions: • A revised project cost to incorporate recent FDOT historical bid pricing, contamination as- sessment and remediation due to the site's proximity to the golf course, and geotechnical recommendations for trench restoration; • Modification of the FDOT project letting date to August 26, 2026; • A total estimated EOPC cost of $19,817,695.00; and • Payment by the City to FDOT in the total amount of $19,817,695.00 in a single deposit on or before the FDOT production date of March 2, 2026; and WHEREAS, the UWHCA agreement formalizes the City's obligation to cover construction costs associated with replacing existing City -owned water and sewer infrastructure, including installation of a new sanitary sewer pump station (future City Pump Station 25), as part of the Alton Road Project 1; and WHEREAS, if, based upon FDOT's final estimate, additional funds are required for the City's proposed improvements, FDOT will require that the City deposit the additional funds in accordance with the Three Party Escrow Agreement previously approved pursuant to Resolution No. 2023-32813, in order for FDOT to proceed with construction; and WHEREAS, in the even that additional funds are required to complete the City's work, the City Administration will secure the prior written approval of the City Commission; and WHEREAS, City staff has thoroughly reviewed the proposed revisions and determined that they are fair, reasonable, and in the best interest of the City; as such, the City Manager recommends approving for signature the proposed new forms of the LFA and UWHCA. NOW, THEREFORE BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby, approve and authorize the City Manager and City Clerk to execute the following agreements as part of the FDOT's State Road 907/Alton Road Reconstruction Project (FPID #429193-1-52-01), from Michigan Avenue to 43rd Street (Ed Sullivan Drive): (1) a Locally Funded Agreement ("LFA") for the construction of a pedestrian and bicycle shared -use path along the east side of Alton Road, from Michigan Avenue to Chase Avenue, abutting the Miami Beach Golf Course, including modifications to the Golf course irrigation system and adjacent parking lot configuration, for a total estimated construction cost of $1,400,000.00; and (2) a Utility Work by Highway Contractor Agreement ("UWHCA") for the replacement and upgrades of the City -owned water and sewer systems along Alton Road, from Michigan Avenue to Chase Avenue, with an initial estimated construction cost of $19,817,695.00; and further, authorize the City to deposit the total amount due under said agreements ($21,217,695.00), on or before March 2, 2026, in accordance with the previously approved Three Party Escrow Agreement. PASSED and ADOPTED this �_ day of ATTEST: FEB 0 9 2026 Rafael E. Granado, City Clerk FPh ru4r 2026. ..C+yti� '.INCORPORATED' Steven Meiner, Mayor APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION CL) ) )771 2oz(_ City Attorney Date Resolutions - C7 O MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Eric Carpenter, City Manager DATE: February 5, 2026 TITLE: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE FOLLOWING AGREEMENTS AS PART OF THE FOOT'S STATE ROAD 907/ALTON ROAD RECONSTRUCTION PROJECT (FPID 429193-1-52-01), FROM MICHIGAN AVENUE TO 43RD STREET (ED SULLIVAN DRIVE): (1) A LOCALLY FUNDED AGREEMENT ("LFA") FOR THE CONSTRUCTION OF A PEDESTRIAN AND BICYCLE SHARED -USE PATH ALONG THE EAST SIDE OF ALTON ROAD, FROM MICHIGAN AVENUE TO CHASE AVENUE, ABUTTING THE MIAMI BEACH GOLF COURSE, INCLUDING MODIFICATIONS TO THE GOLF COURSE IRRIGATION SYSTEM AND ADJACENT PARKING LOT CONFIGURATION, FOR A TOTAL ESTIMATED CONSTRUCTION COST OF $1,400,000.00; AND (2) A UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT ("UWHCA") FOR THE REPLACEMENT AND UPGRADES OF THE CITY -OWNED WATER AND SEWER SYSTEMS ALONG ALTON ROAD, FROM MICHIGAN AVENUE TO CHASE AVENUE, WITH AN INITIAL ESTIMATED CONSTRUCTION COST OF $19,817,695.00; AND FURTHER, AUTHORIZING THE CITY TO DEPOSIT THE TOTAL AMOUNT DUE UNDER SAID AGREEMENTS ($21,217,695.00), ON OR BEFORE MARCH 2, 2026, IN ACCORDANCE WITH THE PREVIOUSLY APPROVED THREE PARTY ESCROW AGREEMENT. RECOMMENDATION The Administration recommends approving the Resolution. BACKGROUND/HISTORY On October 26, 2022, the Mayor and City Commission (City Commission) approved, in substantial form, a Memorandum of Agreement (MOA) between the City and the Florida Department of Transportation (FDOT), memorializing the parties' commitment related to FDOT's undertaking to design and construct certain City -owned utility and transportation facilities along FDOT's State Road 907/Alton Road, from Michigan Avenue to 43rd Street (FPID# 429193-1), as part of the reconstruction of the FDOT Alton Road Project; and further authorized the City Manager and City Clerk to execute the agreement via Resolution No. 2022-32358. The Michigan Avenue to 43rd Street Project (the "Alton Road Project 1 "), as originally proposed, encompassed roadway improvements and maintenance, included enhancements to the drainage system, installation of new pump stations, pavement and sidewalk reconstruction, upgraded signalization, landscaping, and new pavement markings. To capitalize on the scope of the proposed project, the City requested additional enhancements, such as the incorporation of pedestrian facilities, implementation of two-way bicycle lanes, 590 of 2180 deployment of an Intelligent Transportation System (ITS), and the design, construction, and installation of City -owned water and sewer infrastructure. The Florida Department of Transportation (FDOT) agreed to these requests, contingent upon City funding. On October 18, 2023, the City Commission approved, in substantial form, a Utility Work by Highway Contractor Agreement (UWHCA), a Locally Funded Agreement (LFA), an Off -System Construction and Maintenance Agreement, and a Three -Party Escrow Agreement, as part of the FDOT Alton Road Project 1, via Resolution No. 2023-32813. In late 2025, FDOT notified the City of substantial revisions to the previously approved UWHCA and LFA agreements, requiring that these items be resubmitted to the City Commission for approval. ANALYSIS FDOT typically does not include roadway improvements or enhancements that do not comply with its standards in roadway reconstruction projects, unless specifically requested by the municipality. Several of the improvements requested by the City will extend into City -owned property or City - owned rights -of -way. FDOT has agreed to incorporate these improvements into its project scope, requiring the municipality to assume full responsibility for the construction costs associated with the proposed enhancements along State Road 907 (Alton Road), from Michigan Avenue to 43rd Street. To proceed with the amended scope, the City must sign and execute the following two (2) agreements: (1) Locally Funded Agreement (LFA): This agreement was approved by the City Commission on October 18, 2023, for a total construction amount of $2,115,808.64, via Resolution No. 2023-32813. The scope of this LFA remains unchanged and includes: • Construction of a pedestrian and bicycle shared -use path along the east side of Alton Road, from Michigan Avenue to Chase Avenue, adjacent to the Miami Beach Golf Course. • Modifications to the golf course irrigation system and adjacent parking lot configuration, as well as installation of Saint Augustine sod and its respective irrigation system along the median. The City and FDOT have finalized the LFA agreement (Attachment A) with the following revisions: • An increase in the total estimated project cost from $2,115,808.64 to $2,800,000.00, reflecting the updated Engineer's Opinion of Probable Cost (EOPC), driven by rising construction expenses between 2023 and 2026. • Additional funding through FDOT, via the County Incentive Grant Program (CIGP), covering 50% of the total project cost ($1,400,000). • Payment by the City of the remaining 50% ($1,400,000) to FDOT in a single deposit on or before the FDOT production date of March 2, 2026. 591 of 2180 (2) Utility Work by Highway Contractor Agreement (UWHCA): This agreement was approved by the City Commission on October 18, 2023, for an estimated construction amount of $9,267,312.70, based on the EOPC at the time, via Resolution No. 2023- 32813. The City and FDOT have finalized the UWHCA (Attachment B) with the following revisions: • A revised project cost to incorporate recent FDOT historical bid pricing, contamination assessment and remediation due to the site's proximity to the golf course, and geotechnical recommendations for trench restoration. • Modification of the FDOT project letting date to August 26, 2026. • A total estimated EOPC cost of $19,817,695.00. • Payment by the City to FDOT in the total amount of $19,817,695.00 in a single deposit on or before the FDOT production date of March 2, 2026. The UWHCA agreement formalizes the City's obligation to cover construction costs associated with replacing existing City -owned water and sewer infrastructure, including installation of a new sanitary sewer pump station (future City Pump Station 25), as part of the Alton Road Project 1. In the event additional funds are required for the City's proposed improvements, FDOT mandates that the City provide an additional deposit, subject to City Commission approval, in the amount stipulated for FDOT to proceed with construction. City staff has thoroughly reviewed the proposed revisions and determined that they are fair, reasonable, and in the best interest of the City. FISCAL IMPACT STATEMENT Total Project Cost: $21,217,695.00 ($1,400,000.00 + $19,817,695.00) Utilities ($19,817,695.00) 303-0815-069357-29-410-561-00-00-00-50726 (Grant) $900,000.00 419-0815-069357-29-418-000-00-00-00-20527 $3,717,720.64 418-0815-069357-29-418-522-00-00-00-20527 $5,481,284.61 424-0815-069357-29-418-000-00-00-00-20527 $21,609.87 423-0815-069357-29-418-000-00-00-00-20527 $5,226.85 422-0815-069357-00-418-522-00-00-00-20527 $456,462.11 420-0815-069357-29-418-522-00-00-00-20527 $1,040.45 417-0815-069357-29-418-000-00-00-00-20527 $7,915,593.38 Subject to approval of capital budget amendment $1,318,756.62 Shared Use Path ($310,000.00) 302-0815-069357-29-410-522-00-00-00-20527 $293,242.00 376-0815-069357-29-410-522-00-00-00-20527 $464.83 384-0815-069357-29-410-522-00-00-00-20527 $16,885.17 Transportation ($1,400,000.00) 106-9615-069357-30-410-530-00-00-00-21014 $1,089,408.00 592 of 2180 Does this Ordinance require a Business Impact Estimate? (FOR ORDINANCES ONLY) If applicable, the Business Impact Estimate (BIE) was published on: See BIE at: https://www.miamibeachfi.gov/city-hall/city-clerk/meeting-notices/ CONCLUSION The Administration recommends approving the Resolution. Applicable Area IWfl•1Ca:�T•7 Is this a "Residents Right to Know" item, pursuant to City Code Section 2-17? Yes Is this item related to a G.O. Bond Proiect? No Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481, includes a principal engaged in lobbying? No If so, specify the name of lobbyist(s) and principal(s): Department Public Works Sponsor(s) Co-sponsors) Condensed Title Execute Agmts, FDOT's SR 907-Alton Rd Reconstruction Project from Michigan Ave to 43 St. PW Previous Action (For City Clerk Use Only) 593 of 2180 ATTACHMENT "A" LOCALLY FUNDED AGREEMENT BETWEEN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND THE CITY OF MIAMI BEACH This Locally Funded Agreement ("Agreement") is made and entered into this _ day of 20 between the State of Florida Department of Transportation, a component acgenry 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 "Participant". RECITALS WHEREAS, the Department has jurisdiction over and maintains SR 907/ALTON ROAD FROM MICHIGAN AVENUE TO SOUTH OF ED SULLIVAN DRIVE/43RD STREET; and WHEREAS, the Department is undertaking a roadway milling, resurfacing, overbuilding, and widening Project FPID# 429193-1 on SR 907/Alton Road from Michigan Avenue to 43rd Street, hereinafter referred to as the "Project"; and WHEREAS, the Department has agreed to incorporate Participant requested improvements into the abovementioned Project; and WHEREAS, the Participant has applied for and been awarded state funding under the Department's County Incentive Grant Program ("CIGP"), which will be used to fund fifty percent (50%) of the total Project cost outlined in this Agreement, with the remaining fifty percent (50%) to be provided by the Participant; and WHEREAS, the Participant shall fund the increased costs, under financial project number 429193- 1-52-04, associated with the installation of Participant requested improvements within the Project, the individual elements of which are outlined in the attached Exhibit "A", "Scope of Services", which is herein incorporated by reference; and WHEREAS, at the Participant's request, the Department will utilize the funding provided by the Participant to administer the construction of the Project on behalf of the Participant and the construction inspection, and maintenance during construction (collectively the "Construction") in accordance with the terms of this Agreement; WHEREAS the parties hereto mutually recognize the need for entering into an Agreement designating and setting forth the responsibilities of each party; and 594 of 2180 WHEREAS the parties are authorized to enter into this Agreement pursuant to Section 334,044(7) and 339.12, Florida Statutes (F.S.). NOW, THEREFORE, in consideration of the premises, the mutual covenants and other valuable considerations contained herein, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: [continues next page] 595 of 2180 1. INCORPORATION OF RECITALS The foregoing recitals are true and correct and are incorporated into the body of this Agreement, as if fully set forth herein. 2. GENERAL REQUIREMENTS a. A true and correct copy of the Resolution of the Participant's Commission approving this Agreement is attached hereto as Exhibit "C," "Participant's Resolution", and is incorporated herein by reference. b. The Department will administer Construction of the Project in accordance with the attached Exhibit "A", "Scope of Services". c. Participant agrees to maintain any portion of the Project not located on the State Highway System constructed under this Agreement for its useful life. d. The Participant shall transfer to the Department funds in the amount set forth in paragraph 3.a. of this Agreement, subject further to the provisions in Section 3 of this Agreement and as outlined in Exhibit "B," "Financial Summary," which is herein incorporated by reference. e. The Department will complete the Project utilizing the funds provided by the Participant. f. The Department will not be obligated to commence Construction or any other work on the Project until Participant's funding for the Project is on deposit with the Department. 3. FINANCIAL PROVISIONS a. Of the total estimated Project cost of Two Million Eight Hundred Thousand Dollars ($2,800,000), hereinafter referred to as the "Total Estimated Project Cost", the Participant shall, on or before March 2, 2026, provide the Department with fifty percent (50%) of the Total Estimated Project Cost, which is One Million Four Hundred Thousand Dollars ($1,400,000), through direct local funds. The remaining fifty percent (50%) shall be funded using CIGP funds, which may not exceed fifty percent (50%) of the total Project cost. In the event that the final total Project cost exceeds Total Estimated Project Cost, the Participant acknowledges that CIGP funds will remain capped at fifty percent (50%) of the total Project cost, and the Participant will be solely responsible for any additional required funding. b. If the accepted bid amount plus allowances is in excess of the Total Estimated Project Cost, the Participant will provide an additional deposit within fourteen (14) calendar days of notification from the Department or prior to posting of the accepted bid, whichever is earlier, so that the total deposit is equal to the bid amount plus allowances. The Department 596 of 2180 will notify the Participant as soon as it becomes apparent the accepted bid amount, plus allowances, exceeds the Total Estimated Project Cost. However, failure of the Department to notify the Participant shall not relieve the Participant from its obligation to pay for its full participation on final accounting as provided herein. If the Participant cannot provide the additional deposit within fourteen (14) days, a letter must be submitted to and approved by the Department's Project Manager indicating when the deposit will be made. The Participant understands the request and approval of the additional time could delay the Project, and additional costs may be incurred due to a delay of the Project. c. If the accepted bid amount plus allowances is less than the Total Estimated Project Cost, the Department will refund the amount that the Total Estimated Project Cost exceeds the bid amount plus allowances within sixty (60) calendar days from the date the bid amount plus allowances is accepted if such refund is requested by the Participant in writing. d. Should Project modifications or changes to bid items occur that increase the Participant's total Project costs, the Participant will be notified by the Department accordingly. The Participant agrees to provide, without delay, in advance of the additional work being performed, adequate funds to ensure that cash on deposit with the Department is sufficient to fully fund the Project. The Department shall notify the Participant as soon as it becomes apparent the actual costs will overrun the award amount. However, failure of the Department to notify the Participant shall not relieve the Participant from its obligation to pay for its full participation during the Project and on final accounting as provided herein. Funds due from the Participant during the Project not paid within ninety (90) calendar days from the date of the invoice are subject to an interest charge at a rate established pursuant to Section 55.03, Florida Statutes (F.S.). e. The Department intends to have its final and complete accounting of all costs incurred in connection with the work performed hereunder within three hundred and sixty days (360) of final payment to the contractor(s). The Department considers the Project complete when the final payment has been made to the contractor(s), not when the Construction work is complete. All Project cost records and accounts shall be subject to audit by a representative of the Participant for a period of three (3) years after final close out of the Project. The Participant 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 Department to the Participant within sixty (60) calendar days from the date that the final and complete accounting is completed. If the final accounting is not performed within three hundred and sixty (360) days, the Department is not relieved from its obligation to pay. 597 of 2180 f. In the event the final accounting of total Project costs is greater than the total deposits to date, the Participant will pay the additional amount within ninety (90) calendar days from the date of the invoice from the Department. The Participant agrees to pay interest at a rate as established pursuant to Section 55.03, F. S., on any invoice not paid within ninety (90) calendar days until the invoice is paid. g. The payment of funds under this Agreement will be made directly to the Department for deposit and as provided in the attached Three -Party Escrow Agreement between the Participant, the Department, and the State of Florida, Department of Financial Services, Division of Treasury, attached hereto as Exhibit "D," and is incorporated herein by reference. h. Contact Persons: PARTICIPANT: City of Miami Beach Address: 1700 Convention Center Drive, Miami Beach, FL, 33139 Contact Person: Jose R. Gonzalez, P.E. Telephone #: 305-673-7000 Ext. 6768 Federal Employer ID # (FEIN) 596000372011 DEPARTMENT: Florida Department of Transportation District Contact: Kevin Lopez Telephone #: 305-640-7130 4. EFFECTIVE DATE OF THIS AGREEMENT This Agreement shall become effective upon execution by the Participant and the Department and as of the date set forth on page one (1) hereof. 5. PROVISIONS SEPARABLE The provisions of this Agreement are independent of and separable from each other, and no provision shall be affected or rendered invalid or unenforceable by virtue of the fact that for any reason any other or others of them may be invalid or unenforceable in whole or in part. 6. AMENDMENT OF AGREEMENT This Agreement may only be amended by mutual agreement of the Department and the Participant, expressed in writing, and executed and delivered by each 7. NOTICES 598 of 2180 Unless otherwise provided herein, all notices, requests, demands and other communications required or permitted under this Agreement shall be in writing and shall he deemed to have been duly given, made and received when delivered (personally, by courier service such as Federal Express, or by other messenger) against receipt or upon actual receipt of registered or certified mail, postage prepaid, return receipt requested, addressed as set forth below: a. If to the Participant: City of Miami Beach 1700 Convention Center Drive Miami Beach, FL, 33139 Attention: Jose R. Gonzalez, P.E., Director b. If to the Department. Florida Department of Transportation 1000 NW 111 Avenue Miami, Florida 33172 Attention Kevin Lopez, P E Project Manager Any party may alter the address to which communications or copies are to be sent by giving notice of such change of address in conformity with the provisions of this paragraph for the giving of notice. 8. ENTIRE AGREEMENT This Agreement, including its attached Exhibits, contain the sole and entire Agreement between the parties with respect to such subject matter and supersede any and all other prior written or oral agreements between them with respect to such subject matter. 9_ BINDING EFFECT This Agreement shall be binding upon the parties and their respective representatives, successors, and assigns. 10. WAIVER Waiver by either party of any breach of any provision of this Agreement shall not be considered as or constitute a continuing waiver or a waiver of any other breach of the same or any other provision of this Agreement. 11. CAPTIONS 599 of 2180 The captions contained in this Agreement are inserted only as a matter of convenience or reference and in no way define, limit, extend or describe the scope of this Agreement or the intent of any of its provisions. 12. ABSENCE OF THIRD -PARTY BENEFICIARIES Nothing in this Agreement, express or implied, is intended to (a) confer upon any entity or person other than the parties and their permitted successors and assigns any rights or remedies under or by reason of this Agreement as a third-pai ty beneficiary ui utheiwise except as specifically piuvided in this Agreement; or (b) authorize anyone not a party to this Agreement to maintain an action pursuant to or based upon this Agreement. 13. OTHER DOCUMENTS The parties shall take all such actions and execute all such documents which may be reasonably necessary to carry out the purposes of this Agreement, whether or not specifically provided for in this Agreement In the event that any election, referendum, approval, ratification, notice, or other proceeding or authorization is required to carry out the Project, the Participant agrees to expeditiously initiate and consummate, as provided by law, all actions necessary with respect to any such matters with time being of the essence. 14. GOVERNING LAW This Agreement and the interpretation of its terms shall be governed by the laws of the State of Florida, without application of conflicts of law principles. Venue for any judicial, administrative, or other action to enforce or construe any term of this Agreement or arising from or relating to this Agreement shall lie exclusively in Leon County, Florida. (signatures on following page] 600 of 2180 IN WITNESS WHEREOF, the parties hereto have executed this Agreement, on the day and year above written. CITY OF MIAMI BEACH: BY: (PARTICIPANT'S AUTHORIZED SIGNER'S TITLE) STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION: BY: ATTEST: ATTEST: (PARTICIPANT'S SIGNER'S TITLE) PARTICIPANT'S ATTORNEY LEGAL REVIEW DISTRICT SECRETARY EXECUTIVE SECRETARY DISTRICT CHIEF COUNSEL 601 of 2180 rN:11=1119_vM SCOPE OF SERVICES Project Description: SR 907/Alton Road Reconstruction Project Limits: From Michigan Avenue to South of Ed Sullivan Dr/43 Street FDOT Financial Project Number: 429193-1-52-04 County: Miami -Dade FDOT Project Manager: Kevin Lopez, P.E., Project Manager Participant's Project Manager: Jose R. Gonzalez, P.E., Director of Transportation and Mobility The Project consists of constructing a bicycle and pedestrian facility (a separated bi-directional bicycle path with an adjacent sidewalk or an urban side path) along the east side of Alton Road from Michigan Avenue to Chase Avenue and all associated elements. This shall include new pavement construction for the bicycle path and urban side path, sod and irrigation system for sod separation between the travel lanes and bicycle path. sidewalk, signage, striping, landscape, harmonization onto the City of Miami Beach Golf Course. and modifications to the City of Miami Beach Golf Course Parking lot (including, but not limited to, new pavement, gravity wall, pedestrian railing, curb and gutter, striping, signage, and drainage). In addition to the bicycle and pedestrian facility and all associated elements, the Project also consists of placement of St. Augustine sod and its respective irrigation system along the median from Michigan Avenue to Chase Avenue. 602 of 2180 EXHIBIT "B" FINANCIAL SUMMARY The Department's Work Program allocates the following funding, programmed under Financial Project Number 429193-1-52-04, for Project completion: Fiscal Year: Amount: Fund Type: 429193-1-52-04 $2,800,000M Local Funds (LF) FY 2025 603 of 2180 EXHIBIT "C" PARTICIPANT'S RESOLUTION To be herein incorporated once approved by the Participant's Commission. 604 of 2180 EXHIBIT "D" THREE -PARTY ESCROW AGREEMENT To be herein incorporated once approved by the Department's Office of the Comptroller. 605 of 2180 ROADWAY Pay Item Description Unit Quantity Unit Cost Total 010418 INLET PROTECTION SYSTEM EA 2 $ 150.CO $ 300.00 0107 1 LITTER REMOVAL AC 51.28 $ 35.00 $ 1.794.80 0107 2 MOWING AC 5.81 S 65.00 $ 377,65 0110 1 1 CLEARING 8 GRUBBING LS,AC 1.75 S i00,000.00 $ 175 000.00 0110 410 REMOVAL OF EXISTING CONCRETE SY 343 S 35.CO $ 12,005.00 0120 1 REGULAR EXCAVATION CY 12.5 $ 75.CO S 937.50 0120 6 EMBANKMENT CY 1134.6 $ 45.00 $ 51,057.00 0145 2 GEOSYNTHETIC REINFORCED FOUNDATION OVER SOFT SOIL SY 4176 S 10.00 $ 41,760.00 01GO 4 TYPE 0 STABILIZATION SY 5903 $ 15.00 S 88.545.00 0285701 OPTIONAL BASE, BASE GROUP 01 SY 4458 S 65.CO $ 289 770.00 0285706 JOPTIONAL BASE, BASE GROUP 06 SY 238 $ 50.00 $ 11,900.00 032770 6 MILLING EXISTING ASPHALT PAVEMENT, 1 112' AVG DEPTH SY 5080 $ 8.CO S 40.640.00 0334 112 SUPERPAVE ASPHALTIC CONC, TRAFFIC B IN 22.1 $ 225.CO $ 4,972.50 0337 781 ASPHALT CONCRETE FRICTION COURSE.TRAFFIC B. FC-12.5, PG 76.22 IN 819 $ 250.00 $ 204 750.00 0425 1201 INLETS, CURB, TYPE 9, <10' EA 4 $ 13,500.00 $ 54,000.00 G425 271 MANHOLES, 1. 7, <10' EA 5 $ 15,000.00 $ 75,000,00 0430175118 PIPE CULVERT,OPTiONAL MATERIAL,ROUND, 18"S/CD LF 633 $ 275.00 $ 174,075.00 0515 2311 PE_DESTRIAWBICYCLE RAILING, ALUMINUM, 42 TYPE I _ LF 668 $ 140.00 $ 93.520.00 0520 2 4 CONCRETE CURB, TYPE D LF 823 $ 35.00 $ 28,805.00 0400011 CONCRETE CLASS NS, GRAVITY WALL INDEX 400-011 CY 93.5 $ 1.164.CO $ 108.834,00 0522 1 CONCRETE SIDEWALK AND DRIVEWAYS. 4" THICK SY 3783 $ 65.00 $ 245,895.00 0522 2 CONCRETE SIDFWALKAND DRIVEWAYS. 6'THICK SY 55 $ 75.GO S 4,125,00 0527 2 DETECTABLE WARNINGS SF 115 $ 35.00 S 4.025.00 PoaywaySubtotal: $ 1,71178845 SIGNING Pay Item Description Unit Quantity Unit Cost Total 0700 1111 SINGLE COLUMN GROUND SIGN ASSEMBLY, F31 GROUND MOUNT, LESS THAN 12 SF EA 9 $ 5W.00 $ 4,95300 0701 1112 SINGLE COLUMN GROUND SIGN ASSEMBLY, FBI GROUND MOUNT, 12.0-20.0 SF SINGLE COLUMN GROUND SIGN ASSEMBLY, REMOVE EA EA 3 1 S 2,250,00 S 6.750.00 S 45.00 0700 1600 S 45.00 0700 13 12 RETROREFLECTIVE SIGN STRIP- FURNISF- AND INSTALL, 2' EA 2 S 160.00 $ 320.00 370613 RAISED PAVEMENT MARKER, TYPE B EA 104 S 4.00 $ 416.00 U110 11 1U 11 PAINTED PAVEMENT MARKINGS, STANDARD, NiHITE, SOIL[), b LoM U.4y8 $ 1,2W.UU $ bLLSU 0710 11124 PAINTED PAVEMENT MARKINGS, STANDARD, WHITE, SOLID FOR DIAGONAL OR CHEVRON. 18 LF 11 S 1.21 S 13.31 0710 11160 PAINTED PAVEMENT MARKINGS, STANDARD, WHITE, MESSAGE OR SYMBOL FA 6 $ 50.00 $ 30000 0710 11170 PAINTED PAVEMENT MARKINGS, STANDARD, WHITE, ARROWS EA 16 S 50.CO $ 800.00 0710 11224 PAINTED PAVEMENT MARKINGS, STANDARD, YELLOW, SOLID FOR DIAGONAL OR CHEVRON, 18 LF 7 E 2.00 $ 14.00 0710 11421 PAINTED PAVEMENT MARKINGS, DURABLE, BLUE, SOLID FOR PARKING LOT ACCESSIBLE MARKINGS, 6 LF 196 $ 4.00 $ 794.00 0711 11125 THERMOPLASTIC, STANDARD, WHITE. SOLID, 24- FOR STOP LINE AND CROSSWALK LF 96 $ 5.50 $ 528.00 0711 11170 ITHERMOPLASTIC, STANDARD. WHITE, ARROW EA 6 $ 50.00 $ 300.00 0711 14123 THERMOPLASTIC, PREFORMED. WHFFE, SOLID, 12' FOR CROSSWALK LF 356 $ 15.00 $ 5.340.00 0711 11160 THERMOPLASTIC, STANDARD, WHITE, MESSAGE OR SYMBOL EA 24 $ 150.00 $ 3,600.00 071111241 THERMOPLASTIC, STANDARD, YELLOW. 2-4 DOTTED GUIDE LINE l6-10 DOTTED EXTENSION LINE, 6- GM 0.019 $ 2,500.00 S 47.W 0111 14170 THERMOPLASTIC, PREFORMED, WHITE, ARROW EA 16 $ 200.CO $ 3.200.00 0711 16101 THERMOPLASTIC, STANDARD -OTHER SURFACES,'NHITE. SOLID. 6' GM 0.062 S 5.500-00 S 341.00 0711 16131 THERMOPLASTIC, STANDARD -OTHER SURFACES, WHITE, SKIP. 6',10-30 SKIP OR 3.9 LANE DROP GM 0.604 $ 1,5W.00 $ 906.00 0711 16201 THERMOPLASTIC, STANDARD -OTHER SURFACES. YELLOW, SOLID, 6' GM 0 011 $ 5,500-00 $ 60.50 _ signing Subtotal: S 29337,81 LANDSCAPE Pay Item Description Unit Quantity Unit Cost Total 011021 TREE PROTECTION BARRIER LF 358 $ 10.00 $ 1580.00 057012 PERFORMANCE TURF. SOD SY 3857 $ 10.00 $ 38,570.00 059070 IRRIGATION SYSTEM LS 1 $ 200,000.CO $ 200.000.00 05811271 RELUGAIEiREE5ANOPALMS, OTHER PALMS. <10.0"DBH,<14.0'OFCLEAR IHUNK EA 4 $ 1,550.00 $ 6,200.00 0581 1292 RELOCATE TREES AND PALMS, OTHER PALMS,18.1" OR GREATER DBH, 14.0' OR GREATER OF CLEAR TRUNK EA 6 $ 2.300.00 $ 13.800.00 0581 1320 RELOCATE TREES AND PALMS, TREE, 4.1' TO 6.0' DBH EA 4 S 1.300.00 $ 5.200.00 0561 1330 RELOCATE TREES AND PALMS, TREE, 6 1' TO 8.D' DBH EA 1 $ 2,250.00 $ 2,250.00 0581 1340 RELOCATE TREES AND PALMS. TREE, 8.1' TO 14.0' DBH EA 4 $ 3,000.00 $ 12,000.00 0581 1350 RELOCATE TREES AND PALMS. TREE. 14.1" TO 16.0" DBH EA 10 S 3.500.00 $ 35.000.00 Landscape Subtotal S 267,350.00 Grard SUbTotal S 2.008.476.26 Contingency: S 791,523.74 Grand Total S 2,800,000.00 606 of 2180 ATTACHMENT "B" STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 710-010-22 UTILITIES UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT occ - DWI) (AT UTILITY EXPENSE) Financial Project ID: 429193-1-56-01 Federal Project ID: D625-064-B Financial Project ID: 429193-1-56-02 Financial Project ID: Financial Project ID: County: Miami -Dade State Road No.: 907 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 SR 907/ALTON ROAD FROM MICHIGAN AVENUE TO S OF ED SULLIVAN DR/43 ST, State Road No.: 907, hereinafter referred to as the "Project"; and WHEREAS, the UAO owns or desires to install certain utility facilities which are located within the limits of the Project hereinafter referred to as the "Facilities" (said term shall be deemed to include utility facilities as the same may be relocated, adjusted, installed, or placed out of service pursuant to this Agreement); and WHEREAS, the Project requires the location (vertically and/or horizontally), protection, relocation, installation, adjustment or removal of the Facilities, or some combination thereof, hereinafter referred to as "Utility Work"; and WHEREAS, the FDOT and the UAO desire to enter into a joint agreement pursuant to Section 337.403(1)(b), Florida Statutes for the Utility Work to be accomplished by the FDOT's contractor as part of the construction of the Project; and WHEREAS, the UAO, pursuant to the terms and conditions hereof, will bear 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: 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 9 607 of 2180 0-22 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILITIES UTILES UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT 0Gc-03,20 (AT UTILITY EXPENSE) 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. 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 the UAO such information from the FDOT's files as requested by the UAO; however, the LIAO shall at all times be and remain solely responsible for proper preparation of the Plans Package and for verifying all information necessary to properly prepare the Plans Package, including survey information as to the location (both vertical and horizontal) of the Facilities. The providing of information by the FDOT shall not relieve the UAO of this obligation nor transfer any of that responsibility to the FDOT. i. The Facilities and the Utility Work will include all utility facilities of the UAO which are located within the limits of the Project, except as generally summarized as follows: N/A. These exceptions shall be handled by separate arrangement. j. If any facilities of the UAO located within the project limits are discovered after work on the project commences to be qualified for relocation at the FDOT's expense, but not previously identified as such, the UAO shall file a claim with the FDOT for recovery of the cost of relocation thereof. The filing of the claim shall not necessarily entitle the UAO to 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. I. 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 The FDOT shall incorporate the Plans Package into its contract for construction of the Project. 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 9 608 of 2180 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ILI710-010-22 UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT occ-03= (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 Five 5 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, testing, monitoring, and reporting to be performed by the UAO in accordance with Subparagraph 2. e., the FDOT will perform all contract administration for its construction contract. g. The UAO shall fully cooperate with the FDOT and the FDOT's contractor in all matters relating to the performance of the Utility Work. h. The FDOT's engineer has full authority over the Project and the UAO shall be responsible for coordinating and cooperating with the FDOT's engineer. In so doing, the UAO shall make such adjustments and changes in the Plans Package as the FDOT's engineer shall determine are necessary for the prosecution of the Project. I. The UAO shall not make any changes to the Plans Package after the date on which the FDOT's contract documents are mailed for advertisement of the Project unless those changes fall within the categories of changes which are allowed by supplemental agreement to the FDOT's contract pursuant to Section 337.11, Florida Statutes. All changes, 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 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. The initial estimate of the cost of the Utility Work is $19,817,695.00. 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 five (5) 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. At least thirty (10 ) 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 9 609 of 2180 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 7 TILITI22 UTILITIES UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT OGC-03f20 (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). Payment of the funds pursuant to this paragraph will be made (choose one): ❑ directly to the FOOT 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 FOOT Comptroller's Office prior to execution of this agreement. If the portion of the contractor's bid selected by the FOOT 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 FOOT participation in the cost of the Utility Work and the UAO's election to remove the Utility Work from the Project, the UAO shall, within fourteen (14) calendar days from notification from the FOOT or prior to posting of the accepted bid, whichever is earlier, pay an additional amount to the FDOT to bring the total amount paid to the total obligation of the UAO for the cost of the Utility Work, plus Allowances and 10% Contingency Fund. The FOOT will notify the UAO as soon as it becomes apparent the accepted bid amount plus allowances and contingency is in excess of the advance deposit amount; however, failure of the FOOT to so notify the LIAO shall not relieve the LIAO from its obligation to pay for its full share of project costs on final accounting as provided herein below. In the event that the UAO is obligated under this Subparagraph 3.e. to pay an additional amount and the additional amount that the LIAO is obligated to pay does not exceed the Contingency Fund already on deposit, the UAO shall have sixty (60) calendar days from notification from the FOOT to pay the additional amount, regardless of when the accepted bid is posted. If the accepted bid amount plus allowances and contingency is less than the advance deposit amount, the FOOT will refund the amount that the advance deposit exceeds the bid amount, plus allowances and contingency if such refund is requested by the UAO in writing and approved by the Comptroller of the FOOT or his designee. Should contract modifications occur that increase the UAO's share of total project costs, the UAO will be notified by the FOOT accordingly. The UAO agrees to provide, in advance of the additional work being performed, adequate funds to ensure that cash on deposit with the FOOT is sufficient to fully fund its share of the project costs. The FOOT 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. The FOOT 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 FOOT 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 promptly and the FOOT determines that the work is necessary, the FOOT 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 FOOT, pay to the FOOT 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 4 of 9 610 of 2180 0-010 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 7 TILITI S UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT occ (AT UTILITY EXPENSE) I. 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 under this Agreement in a timely manner. b. In the event the FDOT's contractor provides a notice of intent to make a claim against the FDOT relating to the Utility Work, the FDOT will notify the UAO of the notice of intent and the UAO will thereafter keep and maintain daily field reports and all other records relating to the intended claim. C. In the event the FDOT's contractor makes any claim against the FDOT relating to the Utility Work, the FDOT will notify the UAO of the claim and the UAO will cooperate with the FDOT in analyzing and resolving the claim within a reasonable time. Any resolution of any portion of the claim directly between the UAO and the FDOT's contractor shall be in writing, shall be subject to written FDOT concurrence and shall specify the extent to which it resolves the claim against the FDOT. d. The FDOT may withhold payment of surplus funds to the UAO until final resolution (including any actual payment required) of all claims relating to the Utility Work. The right to withhold shall be limited to actual claim payments made by the FDOT to the FDOT's contractor. 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 9 611 of 2180 Default STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILITIEES UTILIS UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT 0cc-03n0 (AT UTILITY EXPENSE) 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, 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. 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 UAO breaches any provision of this Agreement, then in addition to any other remedies which are otherwise provided for in this Agreement, the FDOT may exercise one or more of the following options, provided that at no time shall the FDOT be entitled to receive double recovery of damages: (1) Terminate this Agreement if the breach is material and has not been cured within sixty (60) days from written notice thereof from FDOT. (2) Pursue a claim for damages suffered by the FDOT. (3) If the Utility Work is reimbursable under this Agreement, withhold reimbursement payments until the breach is cured. The right to withhold shall be limited 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 repayment for 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 9 612 of 2180 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 7tTILITI S UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT occ - o31zo (AT UTILITY EXPENSE) (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 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 LIAO 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 UTILITIES, To the extent provided by law, 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 under this 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. When the FDOT receives a notice of claim for damages that may have been caused by the UAO in the performance of services required under this Agreement, the FDOT will immediately forward the claim to the UAO. The UAO and the FDOT will evaluate the claim and report 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 LIAO 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 under this 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 9 613 of 2180 710-01022 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILITIES UTILIES UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT 0cc-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. 9. 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, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the UAO in conjunction with this Agreement. d. This Agreement constitutes the complete and final expression of the parties with respect to the subject matter hereof and supersedes all prior agreements, understandings, or negotiations with respect thereto, except that the parties understand and agree that the FDOT has manuals and written policies and procedures which may be applicable at the time of the Project and the relocation of the Facilities. e. This Agreement shall be governed by the laws of the State of Florida. Any provision hereof found to be unlawful or unenforceable shall be severable and shall not affect the validity of the remaining portions hereof. f. All notices required pursuant to the terms hereof may be sent by first class United States Mail, facsimile transmission, hand delivery, or express mail and shall be deemed to have been received by the end of five business days from the proper sending thereof 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.- 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 10. 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 9 614 of 2180 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILiao UTILITIES UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT occ-MVn (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: (Typed Title: ) Recommend Approval by the District Utility Office BY: (Signature) DATE: FDOT Legal review BY: (Signature) DATE: District Counsel STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY: (Signature) DATE: (Typed Name: ) (Typed Title: Director of Transaortation Develoament) FEDERAL HIGHWAY ADMINISTRATION (if applicable) BY: (Typed Name: ) (Typed Title: ) DATE: Page 9 of 9 615 of 2180 Exhibit A - Utility Work by Highway Contractor ENGINEER'S OPINION OF PROBABLE COST PROJECT DESCRIPTION - 429193.1 .56-01 CITY OF MIAMI BEACH 12' & 8' DIP WATER MAIN, GRAVITY SEWER, 12- FORCE MAIN. AND PUMP STATION INSTALLATION Tedmiod SpwW Provries br tMlws 99926 LOCAL AGENCY INITIAL •N TINGENICY AMOUNT ID:% `.':' + : LS 1 1050/8002 UTILITY PIPE,REMOVE , ;POSE, 2-4 9' LF 425 S75 $31875 IX 105016003 UTILITY PIPE.REMOVE : '-)SE 5-7 9' 1170 S120 SW 400 105016004 UTILITY PIPE,REMOVE S :. '' j 7 1135 S2D0 =T000. 105018002 UTILITY PIPE,PLUG & PLACE ISERVICE ' 4 LF 815 $2504 S20.375. 1050le003 UTILITY PIPE PLUG & PLACE OUT OF SERVICE, 5- 7 9' LF 605 S30 $18,15004 105018004 UTILITY PIPE PLUG & PLACE OUT OF SERVICE, 8-19 9' LF 9340 S35 S328.9W 01 105031206 UTILITY PIPE- POLY VINYL. CHLORIDE, FURNISH & INSTALL WATER7SEWER, 6' LF 3775 S2850 $1.07SA392 105031208 UTILITY PIPE- POI--LORIDE. FURRNISH & INSTAL... A ATER/SEWER, W LF 1286 $313 $403.263 Old 105031210 UTILITY PIPE- POLY VI`. HLORIDE. FURNISH & INSTA'.. :.ATER7IEWER, 10' LF 766 S327 5251, 117 7 105031212 TIL17� = = =' ` - '. 'HLORIDE FURNISH & IN ' = AATEW/I ER, 12' LF ties S342 04 S406,39/ 04 105031215 LITIU7, HLOMDE. FLAtNISH & INS . ATER/SEWER, 15' F 1598 53/921 SYWA (137 105031218 UTILITY PIPE- POLY VIN...:-HLORIDE, FURNISH & INSTAL,.ATER/SEWER, 18' 327 $427 $139,825 105041202 UTILITY PIPE- POLYETHYLENE. FURNISH & INSTALL, WATER)SEWER, 2' 4555 585.5 S389,543 105051202 UTILITY PIPE- DUCTILE IROWCAST IRON, FURNISH & INSTALL, WATER7SEWER, 2" LF 330 $142 $47,03494 /05051204 UTILITY PIPE- DUCTILE IRONICAST IRON, FURNISH & INSTALL, WATER/SEWER. 4' LF 415 $427 $177,454 105051206 UTILITY PIPE- DUCTILE IRONICAST IRON, FURNISH & INSTALL. WATER7SEWER_ 6' LF 525 $456.11 1239,457.7 105051208 PIPE. DUCTILE IROWCAST IRON. FURNISH & INSTALL- WATER/SEWER, 8' LF 2050 S634 $1 095,725. 05 1051210 UTILITY PIPE- DUCTILE IRON7C,AST IRON, FURNISH & INSTALL WATERJSEWER, 10' LF 20 S400 $8,000 106 051212 UTILITY PIPE- W �� `..: - ''"N. FURNISH & INSTALL, WATERISEWER. 17 LF 5145 $427 52 200 002 105531W8 UTILITY FITTINGS FOR PVC PIPE, FURNISH AND INSTALL, CAPIPLUG, 8' EA + 5300 1300 105531510 UTILITY FITTINGS FOR PVC PIPE, FURNISH AND INSTALL, CAPIPLUG, 10' EA 2 $400 Oq S800 105531512 UTILITY FITTINGS FOR PVC PIPE, FURNISH AND INSTALL, CAPIPLUG 12' EA 1 $410 045410, 1055316M UTILITY FITTINGS FOR PVC PIPE. FURNISH AND INSTALL, 8' V. - I FA 19 $3D0 04 S5.700 1055316/0 UTILITY f(TTWGS FOR PVC PIPE. FURNISH AND INSTALL IC'AYE $4W 04 S4.000 105531612 UTILITY FITTINGS FOR PVC PIPE, FURNISH AND INSTALL. 17 WYE EA 17 $410 S6,970 105531615 UTILITY FITTINGS FOR PVC PIPE, FURNISH AND INSTALL, 15' WYE EA 27 $420 $11 340 Oq 105531618 UTILITY FITTINGS FOR PVC PIPE, FURNISH AND INSTALL. IS' WYE EA 3 5500 04 $1 500 105531106 UTILITY FITTINGS FOR PVC PIPE, FURNISH AND INSTALL, CLEANOUT 6' EA 76 $30004 S22.8W, 105551108 UTILITY FITTINGS, DUCTILE IROWCAST IRON. FURNISH & INSTALL ELBOW, 8' EA 82 $2,70004 $221,40001 105551110 UTILITY FITTINGS DUCTILE IRONICAST IRON, FURNISH & INSTALL ELBOW, 10 EA 3 $3,000 $9,000.OA 105561112 TILITY FITTINGS, DUCTILE IRONLCAST IRON, FURBISH & INSTALL ELBOW, 17-A 110 S3,200. S160,00004 105551208 JTILITY FITTINGS. DUCTILE IROWCAST IRON, FURBISH & INSTALL TEE. Ir .: S2.800 $5 600. /05551212 UTILITY FITTINGS. DUCTILE IRCOACAST IRON, FURBISH & INSTALL TEE, 17 EA 23 Sd COO 592.000 04 105551308 JTILITY FITTINGS DUCTILE IRONICAST IRON. FURNISH & INSTALL REDUCER 6' EA 5 $3 5W $17,500 106551312 UTILITY FITTINGS, DUCTILE IROWCAST IRON, FURNISH & INSTALL REDUCER 12- EA B S3200 525,600. 105551508 LiTY FITTINGS. DUCTILE IRONICAST IRON, FURNISH & INSTALL, CAPIPLUG, 8- EA -- $2,7W S29,700. 105551512 UTILITY FITTINGS. DUCTILE IRON/CAST IRON, FURNISH & INSTALL- CAPIPLUG, 12' EA S3,000 16,000. 10W5/808 UTILITY FITTINGS. DUCTILE IROWCAST IRON. FURNISH & INSTALL CROSS. Ir EA $3.000 $3,000 105561812 UTILITY FITTINGS, DUCTILE IROWCAST IRON, FURNISH & INSTALL CROSS, 17 EA $4.000 S12,000 106011211 UTHJTY STRUCTURE, BELOW GROUND. F&I. WATERtSEWER. 0 - 80 FT3, 0 - 6 EA $15,500. $124.000. 106011222 UTILITY STRUCTURE. BELOW GROUND, F&I, WATER / SEWER > W FT3, 6.1 - 17 EA - 1/6,500 S313,500 106016 UTILITY STRUCTURE BELOW GROUND REMOVE&DISPOSE CONTRACTOR TAKES OWNERSHIP EA $4000 568 000 107011 UTILITY AUXILIARY ITEMS, 9' CONCRETE SLAB FOR GROUND COVER LESS THAN 2 5' SF 378 31000C $37.8W 00 1OW21102 UTILITY FIXTURE, VALVEIMETER BOX, FURNISH & INSTALL, 7 EA Ill S2,350 21 S260.850.00 108023102 UTILITY FIXTURE- TAPPING SADDLE/SLEEVE, FURNISH & INSTALL, Y EA 1 $4.000 $400000 616 of 2180 108023104 UTILITY FIXTURE- TAPPING SADDLEISLEEVE, FURNISH & INSTALL- 4' EA a S5,500 0C 122,000.00 108023106 UTILITY FIXTURE- TAPPING SADDLEISLEEVE. FURNISH & INSTALL. 6' EA - $8,5m 0C $34,00000 108023108 UTILITY FIXTURE- SOLID SLEEVE. FURNISH & INSTALL, 8' EA $15.000 0C $150.00000 UTILITY FIXTURE- TAPPING SADDLEISLEEVE. FURNISH & INSTALL. 8- 108023112 TILITY FIXTURE- SOLID SLEEVE. FURNISH & INSTALL. 12' - _ S20.000 S40_000 UTILITY FIXTURE- TAPPING SADDLEJSLEEVE. FURNISH & INSTALL 1OW24103 UTILITY FIXTURE. VALVE ASSEMBLY. FURNISH AND INSTALL. 3' EA 1 i6 000 16.000 1OW24104 UTILITY FIXTURE VALVE ASSEMBLY. FURNISH AND INSTALL, 4' EA 6 $6.500 I SN 000 CK 108024106 UTILITY FIXTURE. VALVE ASSEMBLY. FURNISH AND INSTALL. 6 EA 13 57.0D0 191.000 109024106 UTILITY FIXTURE. VALVE ASSEMBLY. FURNISH AND INSTALL, 8' FA !F S7.500 5120,000 Oq 109024110 UTILITY FIXTURE, VALVE ASSEMBLY FURNISH AND INSTALL. I(r 510.000 Oq $10.00001 1OW24112 UTILITY FIXTURE VALVE ASSEMBLY. FURNISH AND INSTALL 12' EA $10,000 $240,00001 109D26102 UTILITY FIXTURE. VA0A1R ASSEMBLY FURNISH & INSTALL 2' EA - 58,500 00 S153.000 Oq 15011 LIFT STATION SAN!TARY SEWER EA S2 875.000 00 12,875,000 Oq 15013 LIFT STATION 5 .'. R BYPASS SYSTEM US $100.00000 S100.000 16"11308 FIRE HYDRO'.- �TANOARD. 2 HOSE. IPUMPER, 6' EA 12 S9.000 00 slo8.000 Oq Subtotal Construction Exhibit A 5/3,11aj,4{1.98 Exhibit Al 106015 UTILrTYSTRUCTURE BELOW GROUND, ADJUST!MODIFY EA 38 $3 500 $133,000 1644900 FIRE HYDRANTS. WATER, REMOVE EA 12 51.500 04 518000 108021102 UTILITY FIXTURE, VALVE/METER BOX. FURNISH & INSTALL, 2' EA 39 $2.350 $91,650 OC 108021600 UTILITY FIXTURE, VALVEIMETER BOX. REMOVE EA 104 $800 $83 200 OC 108024500 UTILITY FIXTURE, VALVE ASSEMBLY, ADJUSTIMODIFY EA 31 $1.000 Oq $31 000 CX SubtotalConsbuedon $366,111S0. Contamnaton Assessment Remedlaton Services � To be detennined dung Construction •• S1 244,012 $1 2" 012 88 Subtotal CotnRuctim and CAR S"ces $14,71111,324.841 01021 Maintenance of Traft (9%) AS 9% SI.331.M 2 71011 Mobazabm'DembbMom (9%) AS 9% $1131.039 2 Contrgency Aavwarca (10%) AS 10% S1,478.9324 Construction Erlgrleerrhp Adrrwrs7athbn 10EA1 I6%) AS 6% Sj87.3594 Subtotal Conabvctlon Allowanoss $6.020,370 .44 GRAND TOTAL BASE BID (SUBTOTAL CONSTRUCTION • CAR SERVICES • ALLOWANCES) 617 of 2180 WA.II.11ff_ UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT DATE: 11-19-2025 UTILITY AGENCY OWNER: CITY OF MIAMI BEACH PROJECT FPID: 429193-1-56-01 PROJECT LIMITS: SR 907/ALTON ROAD FROM MICHIGAN AVENUE TO S OF ED SULLIVAN DR/43 ST PLANS DATED: 7-16-2025 Please refer to sheet 2 for a detailed listing of facilities to be adjusted as required Quantity Description (Pay Item #) Unit Price Total Price 31 Valves (1080-24-500) $ 1,000.00 $ 31,000.00 38 Manholes (1060-15) $ 3,500.00 $ 133,000.00 39 Water Meters (1080-21-102) $ 2,350.00 $ 91,650.00 104 Water Meters (1080-21-600) $ 800.00 $ 83,200.00 12 Fire Hydrants (1644-900) $ 1,500.00 $ 18,000.00 Sub -Total $ 356,850.00 Contingency (10%) $ 35,685.00 Total: $ 392,535.00 618 of 2180 EXHIBIT Al PROJECT FPID: 429193-1-56-01 PROJECT LIMITS: SR 907/ALTON ROAD FROM MICHIGAN AVENUE TO S OF ED SULLIVAN DR/43 ST PLANS DATED: 7-16-2025 UAO REVIEWER: ALEXANDER ALVAREZ ITEM ALIGNMENT STATION OFFSET TYPE OF FACILITY COMMENTS ALTON SANITARY MANHOLE, TO 91+19 1 ROAD RT BE ADJUSTED MICHIGAN SANITARY MANHOLE TO BE 11+85 2 AVE RT CORE DRILLED ALTON SANITARY MANHOLE, TO 91+70 3 ROAD RT BE ADJUSTED SANITARY MANHOLE TO BE W 21ST ST 12+30 4 LT/RT CORE DRILLED/ADJUSTED ALTON SANITARY MANHOLE, TO 121+30.24 5 ROAD LT BE ADJUSTED SANITARY MANHOLE TO BE W 27 ST 12+50 6 RT CORE DRILLED/ADJUSTED SANITARY MANHOLE TO BE N BAY RD 11+80 7 RT CORE DRILLED/ADJUSTED ALTON SANITARY MANHOLE, TO 144+18.85 8 ROAD RT BE ADJUSTED ALTON SANITARY MANHOLE, TO 146+27.62 9 ROAD RT BE ADJUSTED ALTON SANITARY MANHOLE, TO 10 ROAD 148+73.16 RT BE ADJUSTED ALTON SANITARY MANHOLE, TO 11 ROAD 150+09.67 LT BE ADJUSTED ALTON SANITARY MANHOLE, TO 12 ROAD 151+13.26 LT BE ADJUSTED ALTON SANITARY MANHOLE, TO 13 ROAD 151+30.12 RT BE ADJUSTED ALTON SANITARY MANHOLE, TO 14 ROAD 151+46.59 LT BE ADJUSTED ALTON SANITARY MANHOLE, TO 15 ROAD 151+86.88 LT BE ADJUSTED ALTON SANITARY MANHOLE, TO 16 ROAD 154+76.91 LT BE ADJUSTED ALTON SANITARY MANHOLE, TO 17 ROAD 155+40.97 LT BE ADJUSTED 619 of 2180 ALTON SANITARY MANHOLE, TO ROAD 155+57.13 LT BE ADJUSTED ALTON SANITARY MANHOLE, TO ROAD 155+58.41 RT BE ADJUSTED ALTON SANITARY MANHOLE, TO ROAD 155+66.31 RT BE ADJUSTED ALTON SANITARY MANHOLE, TO ROAD 157+42.55 RT BE ADJUSTED ALTON SANITARY MANHOLE, TO ROAD 157+90.64 RT BE ADJUSTED ALTON SANITARY MANHOLE, TO ROAD 157+95.22 RT BE ADJUSTED ALTON SANITARY MANHOLE, TO ROAD 158+04.55 RT BE ADJUSTED ALTON SANITARY MANHOLE, TO ROAD 158+64.98 LT BE ADJUSTED ALTON SANITARY MANHOLE, TO ROAD 159+13.78 RT BE ADJUSTED ALTON SANITARY MANHOLE, TO ROAD 159+92.43 RT BE ADJUSTED ALTON SANITARY MANHOLE, TO 161+28.84 ROAD RT BE ADJUSTED ALTON SANITARY MANHOLE, TO 161+61.91 ROAD LT BE ADJUSTED ALTON SANITARY MANHOLE, TO 161+78.66 ROAD LT BE ADJUSTED ALTON SANITARY MANHOLE, TO 163+80.48 ROAD LT BE ADJUSTED ALTON SANITARY MANHOLE, TO 164+53.66 ROAD LT BE ADJUSTED ALTON RD SANITARY MANHOLE, TO NORTH BL LT LT BE ADJUSTED ALTON RD SANITARY MANHOLE, TO 32+08.41 NORTH BL LT BE ADJUSTED ALTON RD SANITARY MANHOLE, TO 32+88.14 NORTH BL LT BE ADJUSTED ALTON RD SANITARY MANHOLE, TO 33+44.63 NORTH BL LT BE ADJUSTED ALTON RD SANITARY MANHOLE, TO 33+60.00 NORTH BL LT BE ADJUSTED ALTON RD SANITARY MANHOLE, TO 33+73.20 NORTH BL LT BE ADJUSTED 620 of 2180 ALTON WATER METER BOX TO BE 91+32.88 ROAD LT ADJUSTED MICHIGAN WATER METER BOX TO BE 09+76.72 AVE LT ADJUSTED WATER METER BOX TO BE N BAY RD 11+44.30 LT ADJUSTED ALTON TWO WATER METER BOXES 144+34.07 ROAD RT TO BE ADJUSTED ALTON WATER METER BOX TO BE 144+88.87 ROAD RT ADJUSTED ALTON WATER METER BOX TO BE 145+04.36 ROAD RT ADJUSTED ALTON RD WATER METER BOX TO BE i1+12.55 NORTH BL LT ADJUSTED ALTON WATER METER BOX TO BE 147+43.33 ROAD RT ADJUSTED ALTON WATER METER BOX TO BE 148+32.62 ROAD RT ADJUSTED ALTON WATER METER BOX TO BE 148+40.00 ROAD RT ADJUSTED ALTON WATER METER BOX TO BE 149+10.00 ROAD LT ADJUSTED ALTON WATER METER BOX TO BE 149+42.80 ROAD RT ADJUSTED ALTON WATER METER BOX TO BE 151+32.00 ROAD LT ADJUSTED ALTON WATER METER BOX TO BE 151+49.50 ROAD LT ADJUSTED ALTON TWO WATER METER BOXES 151+86.90 ROAD RT TO BE ADJUSTED ALTON WATER METER BOX TO BE 152+60.00 ROAD LT ADJUSTED ALTON WATER METER BOX TO BE 152+66.60 ROAD RT ADJUSTED ALTON TWO WATER METER BOXES 154+60.00 ROAD LT TO BE ADJUSTED ALTON WATER METER BOX TO BE 154+80.00 ROAD LT ADJUSTED ALTON WATER METER BOX TO BE 155+00.00 ROAD LT ADJUSTED ALTON WATER METER BOX TO BE 157+30.50 ROAD LT ADJUSTED 621 of 2180 ALTON WATER METER BOX TO BE 158+16.07 ROAD LT ADJUSTED ALTON WATER METER BOX TO BE 158+32.75 ROAD LT ADJUSTED ALTON WATER METER BOX TO BE 158+86.92 ROAD LT ADJUSTED ALTON WATER METER BOX TO BE 159+42.40 ROAD LT ADJUSTED ALTON WATER METER BOX TO BE 160+02 25 ROAD LT ADJUSTED ALTON WATER METER BOX TO BE 160+48.50 ROAD LT ADJUSTED ALTON WATER METER BOX TO BE 160+85.80 ROAD LT ADJUSTED ALTON WATER METER BOX TO BE 161+56.35 ROAD LT ADJUSTED ALTON TWO WATER METER BOXES 161+75.00 ROAD LT TO BE ADJUSTED ALTON WATER METER BOX TO BE 162+53.65 ROAD LT ADJUSTED ALTON WATER METER BOX TO BE 162+77.60 ROAD LT ADJUSTED ALTON WATER METER BOX TO BE 163+25.20 ROAD LT ADJUSTED ALTON TWO WATER METER BOXES 163+40.00 ROAD LT TO BE ADJUSTED ALTON WATER METER TO BE 92+00 ROAD RT REMOVED ALTON WATER METER TO BE 92+05 ROAD RT REMOVED ALTON WATER METER TO BE 92+45.54 ROAD LT REMOVED ALTON WATER METER TO BE 92+92.50 ROAD LT REMOVED ALTON WATER METER TO BE g3+60 ROAD LT REMOVED ALTON WATER METER TO BE 93+64 ROAD LT REMOVED ALTON WATER METER TO BE 94+76 ROAD LT REMOVED ALTON WATER METER TO BE 95+19.54 ROAD LT REMOVED 622 of 2180 ALTON WATER METER TO BE 95+96.20 ROAD LT REMOVED ALTON WATER METER TO BE 96+43.50 ROAD LT REMOVED ALTON WATER METER TO BE 96+74.80 ROAD LT REMOVED ALTON WATER METER TO BE 97+85.34 ROAD LT REMOVED ALTON WATER METER TO BE 97+89.34 ROAD LT REMOVED ALTON WATER METER TO BE 98+38 ROAD LT REMOVED ALTON WATER METER TO BE 98+41 ROAD LT REMOVED ALTON WATER METER TO BE 98+98.10 ROAD LT REMOVED ALTON WATER METER TO BE 99+77.05 ROAD LT REMOVED ALTON WATER METER TO BE 99+80.05 ROAD LT REMOVED ALTON WATER METER TO BE 100+97 ROAD LT REMOVED ALTON WATER METER TO BE 101+63 ROAD LT REMOVED ALTON WATER METER TO BE 101+67 ROAD LT REMOVED ALTON WATER METER TO BE 102+04 ROAD LT REMOVED ALTON WATER METER TO BE 102+54 ROAD RT REMOVED ALTON WATER METER TO BE 103+62 ROAD LT REMOVED ALTON WATER METER TO BE 103+88 ROAD LT REMOVED ALTON WATER METER TO BE 103+91 ROAD LT REMOVED ALTON WATER METER TO BE 104+66.76 ROAD RT REMOVED , ALTON WATER METER TO BE 104+68.16 ROAD LT REMOVED ALTON WATER METER TO BE 15+26.19 ROAD LT REMOVED 623 of 2180 ALTON WATER METER TO BE 105+30.19 ROAD LT REMOVED ALTON WATER METER TO BE 105+26 ROAD LT REMOVED ALTON WATER METER TO BE 105+54 ROAD LT REMOVED ALTON WATER METER TO BE 106+30 ROAD LT REMOVED ALTON WATER METER TO BE 106+89 ROAD LT REMOVED ALTON WATER METER TO BE 107+32 ROAD LT REMOVED ALTON WATER METER TO BE 108+41 ROAD LT REMOVED ALTON WATER METER TO BE 108+44 ROAD LT REMOVED ALTON WATER METER TO BE 108+54 ROAD LT REMOVED ALTON WATER METER TO BE 109+52 ROAD LT REMOVED ALTON WATER METER TO BE 109+67.45 ROAD RT REMOVED ALTON WATER METER TO BE 110+00 ROAD LT REMOVED ALTON WATER METER TO BE 110+82 ROAD LT REMOVED ALTON WATER METER TO BE 111+02 ROAD LT REMOVED ALTON WATER METER TO BE 111+29 ROAD LT REMOVED ALTON WATER METER TO BE 112+89 ROAD LT REMOVED ALTON WATER METER TO BE 113+49.45 ROAD LT REMOVED ALTON WATER METER TO BE 114+32 ROAD LT REMOVED ALTON WATER METER TO BE 114+93 ROAD LT REMOVED ALTON WATER METER TO BE 114+97 ROAD LT REMOVED ALTON WATER METER TO BE 115+21 ROAD LT REMOVED 624 of 2180 ALTON WATER METER TO BE 115+90 ROAD LT REMOVED ALTON WATER METER TO BE 116+15 ROAD LT REMOVED ALTON WATER METER TO BE 116+39 ROAD LT REMOVED ALTON WATER METER TO BE 116+42 ROAD LT REMOVED ALTON WATER METER TO BE 117+05 ROAD LT REMOVED ALTON WATER METER TO BE 117+48 ROAD LT REMOVED ALTON WATER METER TO BE 117+92 ROAD LT REMOVED ALTON WATER METER TO BE 118+53 ROAD LT REMOVED ALTON WATER METER TO BE 118+75 ROAD LT REMOVED ALTON WATER METER TO BE 118+82 ROAD LT REMOVED ALTON WATER METER TO BE 120+38.80 ROAD LT REMOVED ALTON WATER METER TO BE 121+14 ROAD RT REMOVED ALTON WATER METER TO BE 123+00 ROAD LT REMOVED ALTON WATER METER TO BE 123+01.78 ROAD RT REMOVED ALTON WATER METER TO BE 128+80.18 ROAD LT REMOVED ALTON WATER METER TO BE 124+10.85 ROAD LT REMOVED ALTON WATER METER TO BE 124+25.70 ROAD LT REMOVED ALTON WATER METER TO BE 124+45 ROAD LT REMOVED ALTON WATER METER TO BE 125+62 ROAD LT REMOVED ALTON WATER METER TO BE 125+65 ROAD LT REMOVED ALTON WATER METER TO BE 125+86 ROAD RT REMOVED 625 of 2180 ALTON WATER METER TO BE 125+90 ROAD RT REMOVED ALTON WATER METER TO BE 126+22 ROAD LT REMOVED ALTON WATER METER TO BE 126+48.70 ROAD LT REMOVED ALTON WATER METER TO BE 126+52.70 ROAD LT REMOVED ALTON WATER METER TO BE 126+72 ROAD LT REMOVED ALTON WATER METER TO BE 127+50 ROAD LT REMOVED ALTON WATER METER TO BE 128+05.30 ROAD LT REMOVED ALTON WATER METER TO BE 128+39 ROAD LT REMOVED ALTON WATER METER TO BE 128+80 ROAD LT REMOVED ALTON WATER METER TO BE 129+13 ROAD LT REMOVED ALTON WATER METER TO BE 129+31.50 ROAD LT REMOVED ALTON WATER METER TO BE 126+86.45 ROAD LT REMOVED ALTON WATER METER TO BE 130+48.80 ROAD RT REMOVED ALTON WATER METER TO BE 130+93 ROAD LT REMOVED ALTON WATER METER TO BE 131+44 ROAD LT REMOVED ALTON WATER METER TO BE 131+55 ROAD LT REMOVED ALTON WATER METER TO BE 132+67 ROAD LT REMOVED ALTON WATER METER TO BE 132+87 ROAD LT REMOVED ALTON WATER METER TO BE 132+97 ROAD LT REMOVED ALTON WATER METER TO BE 132+98 ROAD RT REMOVED ALTON WATER METER TO BE 132+99 ROAD LT REMOVED 626 of 2180 ALTON WATER METER TO BE 133+86 ROAD LT REMOVED ALTON WATER METER TO BE 133+90 ROAD LT REMOVED ALTON WATER METER TO BE 134+52.50 ROAD LT REMOVED ALTON WATER METER TO BE 135+35 ROAD LT REMOVED ALTON WATER METER TO BE 136+23 ROAD LT REMOVED ALTON WATER METER TO BE 136+68 ROAD LT REMOVED ALTON WATER METER TO BE 137+36 ROAD LT REMOVED ALTON WATER METER TO BE 137+67 ROAD LT REMOVED ALTON WATER METER TO BE 138+92 ROAD LT REMOVED ALTON WATER METER TO BE 139+92 ROAD LT REMOVED ALTON WATER METER TO BE 140+19 ROAD RT REMOVED ALTON WATER METER TO BE 140+76 ROAD RT REMOVED ALTON WATER VALVE, VALVE BOX 107+20.31 ROAD RT TO BE ADJUSTED ALTON WATER VALVE, VALVE BOX 111+84.40 ROAD RT TO BE ADJUSTED TWO WATER VALVES, ALTON 140+30.50 VALVE BOX TO BE ROAD LT ADJUSTED ALTON WATER VALVE, VALVE BOX 145+g8.26 ROAD RT TO BE ADJUSTED TWO WATER VALVES, ALTON 146+03.55 VALVE BOX TO BE ROAD RT ADJUSTED ALTON WATER VALVE, VALVE BOX 150+50.47 ROAD LT TO BE ADJUSTED ALTON WATER VALVE, VALVE BOX 150+53.47 ROAD RT TO BE ADJUSTED ALTON WATER VALVE, VALVE BOX 150+54.61 ROAD RT TO BE ADJUSTED 627 of 2180 ALTON WATER VALVE, VALVE BOX 150+55.47 ROAD RT TO BE ADJUSTED ALTON WATER VALVE, VALVE BOX 151+30.97 ROAD LT TO BE ADJUSTED ALTON WATER VALVE, VALVE BOX 151+70.18 ROAD LT TO BE ADJUSTED ALTON WATER VALVE, VALVE BOX 152+95.29 ROAD RT TO BE ADJUSTED ALTON WATER VALVE, VALVE BOX 154+80.00 ROAD LT TO BE ADJUSTED ALTON WATER VALVE, VALVE BOX 154+89.35 ROAD LT TO BE ADJUSTED ALTON WATER VALVE, VALVE BOX 154+97.50 ROAD LT TO BE ADJUSTED ALTON WATER VALVE, VALVE BOX 156+34.65 ROAD LT TO BE ADJUSTED ALTON WATER VALVE, VALVE BOX 156+40.58 ROAD LT TO BE ADJUSTED ALTON WATER VALVE, VALVE BOX 157+20.00 ROAD LT TO BE ADJUSTED ALTON WATER VALVE, VALVE BOX 157+96.77 ROAD LT TO BE ADJUSTED ALTON WATER VALVE, VALVE BOX 158+00.00 ROAD LT TO BE ADJUSTED TWO WATER VALVES, ALTON RD 16+00.00 VALVE BOXES TO BE NORTH BL LT ADJUSTED ALTON RD WATER VALVE, VALVE BOX 18+65.75 NORTH BL LT TO BE ADJUSTED ALTON RD WATER VALVE, VALVE BOX 18+70.75 NORTH BL LT TO BE ADJUSTED TWO WATER VALVES, ALTON RD 24+47.15 VALVE BOXES TO BE NORTH BL LT ADJUSTED ALTON RD WATER VALVE, VALVE BOX 26+46.52 NORTH BL LT TO BE ADJUSTED TWO WATER VALVES, ALTON RD 28+47.73 VALVE BOXES TO BE NORTH BL LT ADJUSTED ALTON FIRE HYDRANT TO BE 92+15 ROAD LT REMOVED 628 of 2180 ALTON ROAD 97+30 LT FIRE HYDRANT TO BE REMOVED ALTON ROAD 101+90 LT FIRE HYDRANT TO BE REMOVED ALTON ROAD 106+70 LT FIRE HYDRANT TO BE REMOVED ALTON ROAD 111+30 LT FIRE HYDRANT TO BE REMOVED ALTON ROAD 111+45 RT FIRE HYDRANT TO BE REMOVED ALTON ROAD 111+45 RT FIRE HYDRANT TO BE REMOVED ALTON ROAD 116+20 LT FIRE HYDRANT TO BE REMOVED ALTON ROAD 120+80 LT FIRE HYDRANT TO BE REMOVED ALTON ROAD 125+30 LT FIRE HYDRANT TO BE REMOVED ALTON ROAD 131+50 LT FIRE HYDRANT TO BE REMOVED ALTON ROAD 140+05 LT FIRE HYDRANT TO BE REMOVED 629 of 2180 EXHIBIT B UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT DATE: 11-19-2026 UTILITY AGENCY OWNER: CITY OF MIAMI BEACH PROJECT FPID: 429193-1-56-02 PROJECT LIMITS: SR 907/ALTON ROAD FROM MICHIGAN AVENUE TO S OF ED SULLIVAN DR/43 ST PLANS DATED: 7-16-2025 Please refer to sheet 2 for a detailed listing of facilities to be adjusted as required Quantity Description (Pay Item #) Unit Price Total Price 9 Valves (1080-24-500) $ 1,000.00 $ 9,000.00 6 Manholes (1060-15) $ 3,500.00 $ 21,000.00 7 Water Meters (1080-21-102) $ 2,350.00 $ 16,450.00 Sub -Total $ 46,450.00 Contingency (10%) $ 4,645.00 Total: $ 51,095.00 630 of 2180 EXHIBIT B PROJECT FPID: 429193-1-56-02 PROJECT LIMITS: SR 907/ALTON ROAD FROM MICHIGAN AVENUE TO S OF ED SULLIVAN DR143 ST PLANS DATED: 7-16-2025 LIAO REVIEWER: ALEXANDER ALVAREZ ITEM ALIGNMENT STATION OFFSET TYPE OF FACILITY COMMENTS W 29 ST 10+67.00 SANITARY MANHOLE, 1 RT TO BE ADJUSTED TWO SANITARY W 29 ST 13+82.50 MANHOLES, TO BE 2 RT ADJUSTED W 29 ST 16+60.50 SANITARY MANHOLE, 3 RT TO BE ADJUSTED W 29 ST 16+80.00 SANITARY MANHOLE, 4 RT TO BE ADJUSTED CHASE AVE 1+07.98 SANITARY MANHOLE, 5 LT TO BE ADJUSTED MICHIGAN WATER METER BOX TO 9+48.16 6 AVE LT BE ADJUSTED MICHIGAN 9+66.05 WATER METER BOX TO 7 AVE RT BE ADJUSTED CHASE AVE 1+06.12 WATER METER BOX TO 8 LT BE ADJUSTED N BAY RD 10+17.27 WATER METER BOX TO 9 LT BE ADJUSTED N BAY RD 10+36.59 WATER METER BOX TO 10 LT BE ADJUSTED W 29 ST 10+18.00 WATER METER BOX TO 11 LT BE ADJUSTED W 29 ST 11+05.00 WATER METER BOX TO 12 LT BE ADJUSTED W 23 ST 12+00 WATER VALVE, VALVE 13 RT BOX TO BE ADJUSTED CHASE AVE 1+03.50 WATER VALVE, VALVE 14 LT BOX TO BE ADJUSTED W 29 ST 10+05.00 WATER VALVE, VALVE 15 LT BOX TO BE ADJUSTED TWO WATER VALVES, W 29 ST 13+80.00 VALVE BOX TO BE 16 LT ADJUSTED FOUR WATER VALVES, W 29 ST 14+12.00 VALVE BOX TO BE 17 LT ADJUSTED 631 of 2180