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HomeMy WebLinkAboutPre-LegislationCity of Miami Legislation Resolution: R-17-0584 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 3236 Final Action Date: 12/14/2017 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A LOCALLY FUNDED AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, PROVIDING FOR THE CITY OF MIAMI'S CONTRIBUTION, IN THE AMOUNT OF EIGHTY THOUSAND DOLLARS ($80,000.00), FOR THE CONSTRUCTION CONTINGENCY COSTS ASSOCIATED WITH THE IMPROVEMENTS TO THE NORTHWEST 34TH AVENUE BRIDGE OVER COMFORT CANAL, FROM APPROXIMATELY NORTH OF STATE ROAD 836/DOLPHIN EXPRESSWAY TO NORTHWEST 14TH STREET; ALLOCATING FUNDS IN THE AMOUNT OF EIGHTY THOUSAND DOLLARS ($80,000.00) FROM PUBLIC WORKS PROJECT NO. 40B-183605. WHEREAS, the City of Miami ("City") has jurisdiction over and maintains Northwest 34th Avenue, a road within the corporate limits of the City and not on the State of Florida Highway System; and WHEREAS, the Florida Department of Transportation ("FDOT") approved a five (5) year Work Program that includes Financial Management ("FM") Project No. 426113-1-52-01 for the reconstruction of the Northwest 34th Avenue Bridge from approximately north of State Road 836/Dolphin Expressway to Northwest 14th Street, Miami, Florida; and WHEREAS, pursuant to Resolution No. 17-0214, adopted on May 11, 2017, the City Commission approved an Off -System Construction and Maintenance Agreement authorizing FDOT to make improvements to the Northwest 34th Avenue Bridge over Comfort Canal from approximately north of State Road 836/Dolphin Expressway to Northwest 14th Street, Miami - Dade County, Florida ("Project Limits"), consisting of bridge reconstruction, asphalt pavement reconstruction milling and resurfacing of existing pavement, new sidewalk construction, new signage, and pavement markings ("Project"); and WHEREAS, FDOT is utilizing federal funds for the construction of the Project; and WHEREAS, FDOT requested the City to pay construction contingency costs associated with the Project as Section 339.12, Florida Statutes, does not authorize state funding for payments of non -participating federal funding; and WHEREAS, the City's participation, in the amount of eighty thousand dollars ($80,000.00), for the construction contingency costs associated with the Project will be funded through a Locally Funded Agreement ("Agreement"), in a form acceptable to the City Attorney, with funds allocated from Public Works Project No. 40B-183605; and WHEREAS, the parties are authorized to enter into this Agreement pursuant to Sections 334.044(7) and 339.12, Florida Statutes, and may authorize its officers to do so; and City of Miami Page 1 of 2 File ID: 3236 (Revision:) Printed On: 6/22/2018 File ID: 3236 Enactment Number: R-17-0584 WHEREAS, the City Manager is requesting authorization to negotiate and execute the Agreement, in a form acceptable to the City Attorney, for said purpose; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The City Manager is authorized) to negotiate and execute the Locally Funded Agreement with FDOT, in a form acceptable to the City Attorney, providing for the City's contribution, in the amount of eighty thousand dollars ($80,000.00) from Public Works Project No. 40B-183605, for the construction contingency costs associated with the Project. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: nd e z�ty Attar ey 12/5/2017 1 The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to, those prescribed by applicable City Charter and City Code provisions. 2 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. City of Miami Page 2 of 2 File ID: 3236 (Revision:) Printed on: 6/22/2018 City of Miami Legislation Resolution R-17-0214 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 2086 Final Action Date: 5/11/2017 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A CONSTRUCTION AND MAINTENANCE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION TO ACCOMMODATE THE BRIDGE RECONSTRUCTION OVER COMFORT CANAL AT APPROXIMATELY NORTHWEST 34TH AVENUE, MIAMI, FLORIDA FROM APPROXIMATELY NORTH OF STATE ROAD 836/DOLPHIN EXPRESSWAY TO NORTHWEST 14TH STREET, MIAMI, FLORIDA, A ROAD NOT ON THE STATE HIGHWAY SYSTEM. WHEREAS, the Florida Department of Transportation ("FDOT") has developed design plans for Financial Management ("FM") No. 426113-1-52-01, a roadway project; and WHEREAS, reconstruction of the Northwest 34th Avenue Bridge from approximately North of State Road 836/Dolphin Expressway to Northwest 14th Street, Miami, Florida and the project shall include, but may not be limited to bridge reconstruction, asphalt pavement reconstruction, milling and resurfacing of existing pavement, new sidewalk construction, new signage, and pavement markings ("Project"); and WHEREAS, the Construction and Maintenance Agreement ("Agreement"), in substantially the attached form, establishes the terms, conditions and responsibilities of the FDOT and the City of Miami ("City") to accomplish the improvements on the City's streets; and WHEREAS, the City concurs with the proposed Project and overall upgrading and enhancement of the area; and WHEREAS, the City agrees with the terms and conditions in the Agreement, in substantially the attached form; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The City Manager is authorized' to execute the Agreement, in substantially the attached form, with the FDOT, to accommodate the bridge reconstruction over Comfort Canal by the FDOT at approximately Northwest 34th Avenue, Miami, Florida from approximately North of State Road 836/Dolphin Expressway to Northwest 14th Street, Miami, Florida. Section 3. This Resolution shall become effective immediately upon its adoption and 1 The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney including but not limited to those prescribed by applicable City Charter and City Code provisions. City of Miami Page 1 of 2 File ID: 2086 (Revision:) Printed On: 11/20/2017 File ID: 2086 signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: ndez, ity ey } 4/28/2017 Enactment Number: R-17-0214 2 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. City of Miami Page 2 of 2 File ID: 2086 (Revision:) Printed on: 11/20/2017 FM# 426113-1-52-01, NW 34Ih Avenue Bridge Reconstruction over Comfort Canal Page 1 of 9 OFF -SYSTEM CONSTRUCTION AND MAINTENANCE AGREEMENT Between STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION ("DEPARTMENT") and THE CITY OF MIAMI, a municipal corporation of the State of Florida ("CITY") THIS AGREEMENT is made and entered into as of , 2016, by and through THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida (the "Department"), and the CITY OF MIAMI, a municipal corporation of the State of Florida, (the "City"), collectively referred to as the "Parties." RECITALS A. Upon approval of the Department's Work Program by the State of Florida Legislature, and adoption by the Department Secretary, the Department shall complete the various projects included in the Department Work Program; and B. Included in the Department's Work Program is Project Number FM# 426113-1-52-01, NW 34th Avenue Bridge Reconstruction over Comfort Canal (the "Project"). The Project includes work on NW 34t1i Avenue, from approximately north of SR 836 / Dolphin Expressway to NW 14th Street, in Miami -Dade County„ Florida, a road not on the State Highway System; and C. The City is the holder of ownership rights to NW 34th Avenue, a road not on the State Highway System; and D. The parties agree that it is in the best interest of each party for the Department to undertake and to complete all aspects of the Project, including but not limited to, the design, construction, construction inspection, utilities, permits, easements and other associated tasks; and E. The parties further agree that it is in the best interest of each party to enter into this Agreement in order to allow the Department to construct and complete the Project. FM# 426113-1-52-01, NW 34th Avenue Bridge Reconstruction over Comfort Canal Page 2 of 9 TERMS NOW THEREFORE, in consideration of the premises, the mutual covenants and other valuable considerations contained herein, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. The recitals in this Agreement are true and correct, and incorporated into and made a part hereof. 2. The Parties agree that the Department intends to undertake and complete project number FM# 426113-1-52-01; the Project shall include improvements on NW 34`1' Avenue, a road not on the State Highway System, from approximately north of SR 836 / Dolphin Expressway to NW 14th Street (for purposes of this Agreement, the "Project Limits"). The work within the Project Limits shall include, but may not be limited to: • Bridge reconstruction • Asphalt pavement reconstruction, milling and resurfacing of existing pavement • New sidewalk construction • New signing and pavement markings (the "Local Roadway Improvements"). The Project shall further include all activities associated with, or arising out of the construction of the Local Roadway Improvements. In the event that the Project requires the acquisition of additional right of way within the Project Limits, the Department shall acquire such right of way in order to complete the Project. The City shall cooperate with and shall support the Department's work efforts in these regards. The Department will design and construct the Project in accordance with all applicable federal and state laws and regulations and in accordance with Department design and construction standards as set forth in the Department's guidelines, standards, and procedures. The Department shall have final decision authority with respect to the design, the design review process, and construction of the Local Roadway Improvements, and the relocation of any utilities that the Department may determine to be required. 3. The Parties acknowledge and agree that the City will review the Project Design Plans ("PDP") and shall submit its comments, if any, via Electronic Reviewer Comments ("ERC".) The Department shall provide the City access to the ERC, and the Department shall use the ERC to submit the Project Design Plans for the City to review. When the Department places the Project Design Plans in the ERC, the Department will designate a Comment Due Date and a Response FM# 426113-1-52-01, NW 34th Avenue Bridge Reconstruction over Comfort Canal Page 3 of 9 Due Date. The City shall submit its comments with regards to the Project Design Plans on or before the Comment Due Date, and the Department shall respond to the City's comments, if any, on or before the Response Due Date. If the City does not submit its comments by the Comment Due Date, the City will be deemed to have approved the Project Design Plans submitted by the Department. The review process for the Project Design Plans will be deemed concluded when the Department has submitted the Final Project Design Plans to the ERC, and the Comment Due Date and Response Due Date for the Final Project Design Plans have passed, and the Department has addressed all of the City's comments that were submitted through the ERC. Once the review process is concluded, the City shall authorize its Public Works and Waste Management Department to issue a permit ("the Permit") to the Department's construction Contractor, authorizing the Department to construct the Project in accordance with the Final Project Design Plans submitted through the ERC. The City acknowledges and agrees that, during construction of the Local Roadway Improvements, the Department will only utilize the services of law enforcement officers when required by the Department's Standard Specifications for Road and Bridge Construction, and no additional requirements will be imposed. The City agrees that the Permit will not impose any conditions other than those included in this Agreement, and the terms of this Agreement supersede any conflicting terms in the Permit. Additionally, the City waives any permit fees that may apply to issuance of the Permit. Major modifications of the permitted plans must be submitted to the City for review. A Major Modification is any modification that materially alters the kind or nature of the work depicted in the peiniitted plans, or that alters the integrity or maintainability of the Local Roadway Improvements, or related components. The City's review shall be within the reasonable time schedule proposed by the Department, in order to avoid delay to the Department's construction contract. In the event that any Major Modifications are required during construction, the Department shall be entitled to proceed with the modifications that are necessary to complete the construction of the Project, and shall, upon identifying the need for a Major Modification, immediately notify the City of the required changes, prior to proceeding with implementation of the same. It is specifically understood and agreed that any such changes during construction shall not delay nor affect the timely construction schedule of the Project. The City shall modify the permit in accordance with any plan modifications agreed upon that are required by the Department to duly complete the Project. FM# 426113-1-52-01, NW 34'11 Avenue Bridge Reconstruction over Comfort Canal Page 4 of 9 4. The City agrees to fully cooperate with the Department in the construction, reconstruction and relocation of utilities that are located within the City's right-of-way, within the Project Limits. Utility relocations, if any, which may be required by the Department for purposes of the Project, shall be done in accordance with the Department's guidelines, standards and procedures. The Department shall submit the proposed Utility Relocation Schedule to the City. Utility relocations, if any, shall be done in accordance with the provisions of Chapter 337, F. S. Additionally, the City agrees to fully cooperate with the Department in the removal of any encroachments or pennitted improvements located within the City's right-of-way, within the Project Limits, that are in conflict with the Project, including, but not limited to, red light cameras, if any. 5. The City acknowledges that the Department will be utilizing federal funds to construct the Project, and as a result thereof, the City agrees to perpetually maintain the Local Roadway Improvements. To maintain means to perform normal maintenance operations for the preservation of the Local Roadway Improvements, which shall include but is not limited to, roadway surfaces, shoulders, roadside structures, drainage, signing and pavement markers, and such traffic control devices as are necessary for the safe and efficient use of the Local Roadway Improvements. Additionally, the Parties understand and agree that the Department shall transfer the permit(s) to the City as the operational maintenance entity, and the City agrees to accept said transfer and to be fully responsible to comply with all operational and maintenance conditions of the pennit(s), at its sole cost and expense. Notwithstanding the requirements hereof, maintenance during construction shall be the responsibility of the Department and its Contractor, as set forth in paragraph 9 of this Agreement. 6. The Parties acknowledge and agree that the City's right-of-way and the improvements and structures located within the City's right-of-way, are and will remain under the ownership of the City, and that the Department will not have any ownership interest in the right-of-way, improvements, or structures located thereon or installed therein pursuant to this Project. 7. The Department shall require its construction Contractor to maintain, at all times during the construction to carry Commercial General Liability insurance providing continuous coverage for all work or operations performed under the Construction Contract. Such insurance shall be no more restrictive than that provided by the latest occurrence form edition of the standard FM# 426113-1-52-01, NW 34'1' Avenue Bridge Reconstruction over Comfort Canal Page 5 of 9 Commercial General Liability Coverage Fonn (ISO Form CG 00 01) as filed for use in the State of Florida. The limits of coverage shall not be less than $1,000,000 for each occurrence and not less than a $5,000,000 annual general aggregate, inclusive of amounts provided by an umbrella or excess policy, or such other minimum insurance coverage that may be required by the Department for the construction of the Project, in accordance with the Department's Standards and Specifications for Road and Bridge Construction. The Department shall further cause its Contractor to name the City and the Department as additional insured Parties on the afore -stated policies, and to provide evidence of Workers' Compensation Insurance in accordance with the laws of the State of Florida and in amounts sufficient to secure the benefit of the Florida Workers' Compensation law for all employees. 8. The Department shall notify the City at least 48 hours before beginning construction within the City's right-of-way, Such notification may be provided via email, and the notice requirements set forth in paragraph 20 shall not apply to this paragraph. The Department agrees that the City may, at reasonable times during the construction of the Local Roadway Improvements, inspect the Contractor's construction site and perform such tests as are reasonably necessary to determine whether the goods or services required to be provided by the Contractor, pursuant the Contractor's Construction Agreement with the Department, conform to the terms of said Construction Agreement. Upon request by the City, the Department shall coordinate with its Contractor to provide access to the City for performance of said inspections. During the construction work related to the Project, the City shall fully cooperate with any such work being performed by the Department and the Department's contractors. The City shall not commit nor permit any act which may delay or interfere with the performance of any such work by the Department or the Department's contractors, unless the Department agrees in writing that the City may commit or permit said act. 9. Maintenance during construction within the Project Limits, commencing as of the first date of construction, shall be the responsibility of the Department's Contractor. After completion of construction, the City shall assume all maintenance responsibilities. Upon completion of construction, the Department is required to invite the City on the Final Inspection of the work within the Project Limits, and will incorporate valid City concerns that are within the scope of the contract into the final Project punch list to be corrected by the Contractor. However, if the City does not attend the Final Inspection, the Department shall proceed to conduct the Final FM# 426113-I-52-01, NW 34`h Avenue Bridge Reconstruction over Comfort Canal Page 6 of 9 Inspection, finalize the Project punch list, and issue a Notice of Final Acceptance to its Contractor. The Final Inspection shall be performed and the Notice of Final Acceptance shall be issued in accordance with the Department's Standard Specifications for Road and Bridge Construction and the Construction Project Administration Manual (CPAM). Upon issuance of the Notice of Final Acceptance to the Contractor, the Department shall provide a copy of said notice to the City. As of the date of the Notice of Final Acceptance, the City shall be immediately responsible for the maintenance of the Project and the Local Improvements, and shall further accept the Local Improvements and the transfer of any additional right of way acquired by the Department within the Project Limits, for purposes of the Project. The Department, however, shall have the right to assure completion of any punch list by the Contractor. Notwithstanding the issuance of the Notice of Final Acceptance, the City may notify the Department Project Manager of deficiencies in the Local Roadway Improvements that may be covered by the warranty provisions in the contract between the Department and its Contractor. The Department shall enforce the warranty if the remedial action is required by the warranty provisions, as determined by the Department. Upon completion of all work related to construction of the Project, the Department will be required to submit to the City final as -built plans for the Local Roadway Improvements and an engineering certification that construction was completed in accordance with the plans. Additionally, the Department shall vacate those portions of the City's right-of-way used to construct the Local Roadway Improvements, and shall remove the Department's property, machinery, and equipment from said portions of the City's right-of-way. Furthermore, the Depai tinent shall restore those portions of the City right-of-way disturbed by Project construction activities to the same or better condition than that which existed immediately prior to commencement of the construction of the Project. 10. This Agreement shall become effective as of the date both parties hereto have executed the agreement and shall continue in full force and effect until the Project is completed, as evidenced by the Department's issuance of the Notice of Final Acceptance. Prior to commencement of construction, the Department may, in its sole discretion, terminate this Agreement if it determines that it is in the best interest of the public to do so. If the Department elects to teiininate this Agreement, the Department shall deliver formal notice of termination to the City, as set forth in paragraph 20 of this Agreement. FM# 426113-1-52-01, NW 34th Avenue Bridge Reconstruction over Comfort Canal Page 7 of 9 11. In the event that any election, referendum, approval, ratification, or perrnit, notice or other proceeding, or authorization is required to carry out the Project, the City 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. 12. The Parties acknowledge and agree that the Project shall be constructed using federal funds and that all costs incurred must be in conformity with applicable federal and state laws, regulations, and policies and procedures. 13. The Department's performance and obligations under this Agreement are contingent upon an annual appropriation by the Legislature. If the Department's funding for this Project is in multiple fiscal years, funds approval from the Department's Comptroller must be received each fiscal year prior to costs being incurred. Project costs utilizing fiscal year funds are not eligible for reimbursement if incurred prior to funds approval being received. 14. In the event that this agreement is in excess of $25,000, and the agreement has a term for a period of more than one year, the provisions of Section §339.135(6)(a), Florida Statutes, are hereby incorporated into this agreement and are as follows:: The department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during any such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The department shall require a statement from the comptroller of the department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the department which are for an amount in excess of $25,000 and which have a term a for a period of more than 1 year. 15. The Department is a state agency, self -insured and subject to the provisions of Section 768.28, Florida Statutes. Nothing in this Agreement shall be deemed or otherwise interpreted as waiving the Department's sovereign immunity protections, or as increasing the limits of liability as set forth in Section 768.28, Florida Statutes. 16. A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this agreement. 17. 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 FM# 426113-1-52-01, NW 34''' Avenue Bridge Reconstruction over Comfort Canal Page 8 of 9 retraining portions hereof. Venue for any and all actions arising out of or in any way related to the interpretation, validity, performance or breach of this Agreement shall lie exclusively in a state court of appropriate jurisdiction in Leon County, Florida. 18. No term or provision of this Agreement shall be interpreted for or against any party because that party's legal counsel drafted the provision. 19. In accordance with Executive Order No. 11-02 the Department's Vendor/Contractor(s) shall utilize the U.S. Department of Homeland Security's E-Verify system, in accordance with the terms governing use of the system, to confirm the employment eligibility of; i. all persons employed by the Vendor/Contractor during the term of the Contract to perform employment duties within Florida; and ii. all persons, including subcontractors, assigned by the Vendor/Contractor to perform work pursuant to the contract with the Department. 20. All notices required pursuant to the terms hereof, shall be in writing and shall be sent by first class United States Mail, facsimile transmission, hand delivery or express mail. Notices shall be deemed to have been received by the end of five (5) business days from the proper sending thereof unless proof of prior actual receipt is provided. Unless otherwise notified in writing, notices shall be sent to the following: To the City: (insert City info nation) To the Department: Director of Transportation Operations State of Florida, Department of Transportation 1000 N.W. 111 `h Avenue Miami, Florida 33172 FM# 426113-1-52-01, NW 34th Avenue Bridge Reconstruction over Comfort Canal Page 9 of 9 21. The City, by and through Resolution No. , attached hereto as Exhibit has duly authorized the execution and delivery of this Agreement and agrees to be bound by the terms hereunder, and has further authorized the Mayor or his designee to take all necessary steps to effectuate the terms of this Agreement, including the authorization to accept the additional right of way acquired by the Department within the Project Limits, if any, from the Department. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the dates exhibited, by the signatures below. STATE OF FLORIDA CITY OF MIAMI DEPARTMENT OF TRANSPORTATION By: By: Name: Name: Title: Title: Date: Date: Attest: + By: Title: Clerk Approved as to form and legality: Department Legal Review: By: City Attorney g SURVEY NW 34 AVE r, OF CONS!' RAW RI'1 CLEANING AND CRURBLNC., 15i1.+ RrW LINE 25' VAR115 DE•1 5(T/ 1 VAR (F5 VA13 VARIES VARIES NATURAL GROUND RAY LINE RECONSTRUCTION PROPOSED CONCRETE SIPEWAix - ///////////////////, PROPOSED CONCRETE SIDEWALK PROPOSLO ARTTCULATLO F°AV IRS - 10(7L'SED AR TLCGLAFCD PAVERS TYPICAL SECTION NW 34 AVE STA. 31+92.00 TO STA. 32+46.50 STA. 32+86.50 TO STA. 33+41.00 A,YYM LINE TYPE H STARILIZATION 0BR 40 4` SURVEY NW 34 AVE R)W ISLT) OF OAST CLEARING .40 GRUBBING ISM VARIES (tT-1 SOTJ L. 25' I II 25' 11' 11' NATURAL GROUND—\ TRAFFIC DATA PROPOSED CONCRETE 510EWALK J 1 f F T1 J1 f T77777 T/7 f f J <URRENT YEAR - 2014 4AOT = 5200 ESTIMATED OPENING YEAR = 2019 AADT = 5700 EST!MAF0D OF4IGN YEAH = 2039 AADT - 7800 R - 9 ':. D - 0 00 1 - 4,tl0°.1. f:4 HOURI DESIGN HOUR 1 = 9,00%, UESIGN SPEED = 30 MPH VARIES (6.-8) ;! 0412 !+(12 0.[72 0 02 TTTITTI .1 .o .TI;T.I I Lilt{CIL1. PROPOSED ARTICULATED PAVER EA15T SU9STRUCTU (TO REMAIN) TYPICAL SECTION NW 34 AVE STA. 31+65.00 TO STA. 31+92.00 STA. 33+41.00 TO STA. 34+60.00 5' n (I2 IT/IT LINE r NATURAL GROUND PROP05F0 CONCREI1 SIDEIMAIN PROPOSED ARTICULATED PAVERS OPT(0NAL BASE GROUP 6 WITH TYPE SP STRULTURAL (0UR5E (TRAFFIC 81 (Z') MILLING FULL C8I5T)NG ASPHALT PAVEFIENI FOR UE P1H 111 RESURFACING rrPE 5P SIRig 1URAE 80055E it RAT IC 8) 11') REVISIONS OFSCRIPT1oN DArF DFSCRIPT ION CAR(05 FRANCIS. 5F.. PTOE PS LICENSE NUMBER 51364 CHOICE ENGINEERING CONSULTANTS, INC 12855 SW 132N0 STREET. SUITE Z00 THANT. FLORIDA 33186 CERTIFICATE OF AUTHORIZATION 00631116 .5 T:i7b' 139'/%LHNIE4i ONPART.+11C.'NT (,P' Y' .SPON,NTATTr,.V ROAD NO. COUNTY FINANCIAL PROTECT (D NW 34AV MIAM(.DADE 426113-1-52-01 TYPICAL SECTIONS SHEET ND. 5 8 3 OFF I CIA[ RFC BEGIN PROJECT BEGIN MILLING AND RESURFACING STA. 31+65.00 PIN LINE 31 NW 34th AVE - EA15! 5WR LA R/W LINE SURVEY —\ EXIST. PGLJ LEGEND. I/ /I I 1 DENOTES HARMONIZATION DENOTES PERMEABLE PAVERS DENOTES MILLING AND RESURFACING DENOTES CONCRETE 4" SIDEWALK DENOTES CONCRETE 6' SIDEWALK DENOTES DETECTABLE WARNING MAICH ELIS1 BEGIN 5CONC 5W. SEWN FENCE REPLACEMENT 5TA 31.92.DO END M1111NG AND RESURFACING BEGIN RECONSTRUCTION 8EG1N PGL SHIFT STA. 31+92.00 d 5O' {RT) BEGIN BRIDGE STA 32+16 50 LA R/W ONE END FENCE REPLACE ENT STA 322,2591 REMOVE 35-LE OF FENCE C+:HST 35' LF OF FENLef GEGIN 3l' yERTkAL RAILING STA 32+22 36 r!3.60 17.0C (1T BEGIN APPROACH SLAB 5TA, 32+293.50 SEE SHEET NO 7 / DETAIL IVY!, 1 +12.55 1963' (LT 6E GIN CONC. SWI(. '(A1CF1 1 x15T(NY SIA. 30.18.39 [(MST. 5' SWx F3151 FFNCF A. ' .,Al Ew (+r (l5 MAIN, \LA R/W LINE 2200 22.0' !LT! ENO PC,/ SH111 STA. 32,0000 +19.40 1 1935' MT +22 0B 11.00' (RTI +29.4R l7.1)0' (AT) 20 BEGIN 32' VERY ICAL Ail (Ph; 5TA. 32i50.61 SEE SHEET NU. 7 / DETAIL B lTTP ) 6' 5WA 05 20 IM!] Feer END 32- VERTICAL RAILING STA 37+02 36 5' SW( BEGIN PG! 51-r1E STA. 33.110R +03 60 VDU rLT) END APPROACH SLAB STA 33,0n.50 END BRIDGE STA. 32+86.50 R!W LINE /1 / SEND 3.7' VERTICAL RAILIN STA. 32 90 63 REMtlVF 60' LF OF FENCE CONST, 60' LF OF FENCE 7r.00N5T. FENCE GATE f5 OPENI,voI REMOVE 54 LF OF FENCE OAST 34' IF OF 1ENCE FA151 BUS SHELTER IO RE RL'LPcm9LD BI MMAM1-1)A0E TRANSIT EONS! 5' 5.91,K 86 2nAO (Efl ! 8G ?DOD' !It) • MI 14 13?5 IRl1 RFVT51ON5 DATE OF SCRIPTION DAi F OFSFRIPTION CARL05 FRANCIS. PS, PTOE PE LICENSE NUMBER 51364 CHOICE ENGINEERING CONSULFANTS. INC. 11655 5W 132ND STREET, SUITE 200 MIAMI, FLORIDA 33106 CERTIFICATE OF AUTHORIZATION 00031116 laF' FLT1RILI.-1 OF:I+ANT:BK.VT F1h' TNA.\WPIJNTATTID\ ROAD NO. COUNTY FINANCIAL PROJECT ID NW 34AV M1AM1-DADS 426113-1-52.01 RU.3DlT AY PLANS SHEET NO. I0 0 ry 35 O0' 35 I10' 15.34' 11 END CONE SWK MArcll F%1ST!NG - I rA. 29 s47.f30 s1A .1Sie011 LI} w I 180.46 M 1. '`'' }4, 91' n T7 'a.-T 1 R/W LINE 1 , ' 3 LIMITS OF MILLING AND RESURFACING MATCH Ek15TING 462.57 16.18' (LTI 2/6.01 23 90' (1 .2I96 10.9/ 1LT +65 20.00' (LT CAS 7 5' 514N .7594 NO POI. 5N1fT 391' (CT) BEGIN MILLJNa AND RESURFACING ti 5T4. 372 .1( off• 41 I I OLY nail 6K(S7. PGL 75 (0 .50, 11 15 ,g�I" (RN CONST LFENCL .,A7G I!? OPENING) +59 4, r1 23.9351a8 (RTI ENO CUNC, SINK. MATCH EXIST NG 3TA }t)♦5347 RN/ LINE —11 FA15T ASPHALT (IO RE MAIN) 34 1950' 1Rr) 2: z } LIMIT 5 OF MILLING 'AND RESURFACING =MATCH EAIST(NG -.STA. 30I32.5I 2450' 15.007 SOW 8P 35 OD' R/W LINE STA. 3414067 r SURVEY NW 34th AVE= STA. 30+00.00 $ SURVEY NW 14clr ST 35 NW 34th AVE 0 s 20 Feet R;W LINE N I 5e- 52"V) R/W LINE J /// END MILLING AND RESURFACING END PROJECT STA. 34+60.00 RAY' LINE LEGEND EZ DENOTES HARMONIZATION DENOTES PERMEABLE PAVERS C1 DENOTES MILLING AND RESURFACING DENOTES CONCRETE 4" SIDEWALK DENOTES CONCRETE 6"SIDEWALK DENOTES DETECTABLE WARNING i9�t+ RFV15fON5 O4)F Or1CRIRTION EARl05 FRANCIS. 7'F., PTOF PE. LICENSE NUMBER 5)364 CH0ICt LNG1NEtRING C©N51)LTAN IS, INC 12155 SW 132N0 STREET. SUITE 200 MIAMI. FLORIDA 33166 CERTIFICATE OF AUTHORIZATION 00031116 57:17L (h, NLPRYLII Olt P3 RT MHV.,' .r11, 77/43 6/Hl4TA TT(kV ROAD NO {p0N7r, FINANCIAL PROTECT 10 NW34AV M/ANI.DADE 426113-1-52-01 ROADTTAT PLANS SHEET NO 11 4 9 4 OF FHIS 5 FFl 1$ Beare App. Slab 51a. 32+26.50 I0 U Temporary Po01.'st3 fan Rr r:ree ttf III Illr BR -I dens. Hrrdge R YEW Frier Bear 1 5ra 32+46.50 1 err -0- Apprearn Sra0 Traffic Rarbiny )3Z Ye/tit-di F170) Index No 4.0 99 411 1•r 7` Trefr rc Barbara 132• Verruca! Face) bidet No. 423 Trate.: Rarritre (3T Yerf,r l I ace) InJex No. 423 20•-0" App. Slab Regnr Rruiye End Dent 1 EL 3.66 2' Erp. J. Ex,:ruey r. ro OP Poo' ., t V' 56' 52" W PLAN 40-fr• (Badge Lenyllal •..:-, III } 7 ,✓ J Is 1= a 2" Pap. 1 Pert ;Waage FFR)V End Hear 2 5!a. 32+36..50 . 951'40.49' 3i N l • SG.S«'w err -1T' approdrb Slap Pr; eaten of Stdrionl1!r) .- Pnd Apo. 51at S13 57+0fi-S1) 14011 — PGL ; € Sorsey 1� 1� 1 P-3' sarrr. ; j Verl. 2 r(— _ —I I .,--i:' 131 .. ; f.rs1}ng Ridge _ 174iVI to le Remrwed _30 Boric. of H..096 ' FRrsr. Channel — Proposed Crla,'1.s ELEVATION EL. -5,00 ell [I ob Bridye yirlywal) (Typ) 20-0 App. Slab Eon! Brld_r1e Ent, Beal 2 EL. .1.03 10 RiW LEGEND Structures to le Relnuv L;e1 811319e No. FY�V,�11 i.�Ns3 IY.Ar '5M OF.ru .xw BOLTON PEREZ $ ASSOCIATES 7203 CORPORATE PENT(.* DRIVE. SUITE 201 MIPRrI. 11.URIIJ0 33116 CERTIFICATE OF 0drr13013tzArION 2VM 3000UIN PERFZ. PE. P.E 116EN5E PRAISER 3133d fAACr760V Ru neWAr9 V,t g111ATI, UIr 11.1)13Ae,A al;irikT01EN1' ! DP TR ANS 1''I,fl TA•1•iilN! MrvJ 191,44L11 ter PLAN AN(] ELEVATION apoprr .frxreR, J.P 1.11441 -DADE 426113.1.52.01 NW 34TH AVENUE BRIDGE REPLACEMENT OVER COMFORT CANAL 0f 3 -13 Sas, F.m.0 THE oFF,C;AL RECORD Of TN15 SnEET 15 THE E[ECTROIIC ffi.E Of R/W - 10'-6" 38-Sr lourSr to Dull S R!w rt.-0- r Canstrurtion !Dint1111 i PGt / $ Surrey 1T-a' 6'-0" 6-2' reir1pot ary Pedestrian Bridge 5hldr Lane 4 �r41�t"' d6.' r r fr � - - Lane it Slo?rr' 0 03 Ft/F! — - Should er 6"C!P Concrete te Ta Ir sin nk ,�ye r OW ire ; adiirrxt in O. Sidewalk 512 Ftlfl -- ._ur P n 0._T Barr her , 0-'- .+, ■,' Ili L+ � L ExistingBred a to g 1.1 o `\` l2x57 Florida Stan Beams Inner P20451 24'-3' uC Reptace4 - - - 8 - Il.', t Ilru rda Slat Beanrs w1111 1 V' Max. Gay PHASE 1 (Loai;ing Arrears Station) 9' 1. Place ternprary pedeslt ion bridge and support 2 Demur pellestrran ti attic to temporary pedestllan 3. Demolish exrsttng bridge. 4. Construct portion of new bridge - 5. ©pen portmn of newly constructed bridge 48-6" foul existing utitilies. bridge and detour vehicular Waffrc. to traffic. to null 9" HFW R!y! 6.2„ 6.-0' 11,_0' -- ( PGL / $ Survey 11'_0. 0-0" Bar tier Tral1Ir Railing Type 32" Ventral Fare Standard Inde nae x 423 with Pedestrian fireside Butler Railing FDOP Standard Sidewutk 51 pe. 0.02 Ft/Ft Shoutrter Lane an ShaulEfer 6"CIP Concrete a TOPPrng with Srdewvtk — Slope 0.02 Ft/Fr Bnrrler Index 827.. lTyp.! - Slope' 0.07 Ftii r 5100e..:' 0-02 FUR shrinkage redvx„ adrmew e 1Ji3% p-{ L ,J/ J( -ii- 11.., I r yry, t 74'-3A.• l7r.57 Flnrid:y Slab Bearers melee D704.51 74'-36!r 10 - 12.02 Flauda Slab Beams will! !!" Max. Gap PHASE 11 ILookrng Ahead Station) 1. Relocate eresting ulrhtles and pedestrians to east stele of new bridge. 2. Remove temporary pedestrian bridge. 3. Construct remaining portion of new bridge. 4. Place pavement +.Marking and open enlite new bridge to traffic. wEvr.loo.ts BOLTON PERREZ & ASSOCIATES 1795 CORPARATE CENTER DRIVE, SDITF 7p{ h1AMt. FLORIDA 33126 CIATIfICATE of ADrNORerrrioN 7949 toaau1N PEREZ. rr. PE LICENSENDN8EA 37316 ux.,.r+n, rr O.L ti1EArr! ter' 64 4' 'I.I liLf ARTMl`.'l nl"I liA.,,,J.,.11TATI..:�' ,,,.. r.,., CONSTRUCTION S�QUE'�cE �o-..v. 0.10 1.0111,11.1 WOE 1xM,r r :•� � ur " ' uiw,rw LIMO r�' y, F..m NW 34TH AVENUE BRIDGE REPLACEMENT OVER COMFORT CANAL Ir.,. N a I2rnar DADE 126i fi I 52 nI 8 r6 11.P ur a EKE OFE If1AL RELOAD RAY —� 10-5" 6.-6, C0nsi ruction Jan! 48.-6" fou! le out} PGL / R Survey 1 E-0- Barrier Trait". Reding Type 32' Yertwar Face f001 Standard index 423 with Pedestrian Bicycle Bullet RedinLg. FO07 Sfarrdard index 822. (Typ•) Bars 55 (Typl See FOOT index 423 Sidewalk See Detail 1 Slope' 0.02 fllf[ 1_ 7 flex 511 (Fop. Between F585! Shoulder ST 2 Sara I? 6" - 5T1 Bars 05. 9" Lvle Lane 4 Shoulder. &TIP Cavil pre 51ope. 0.02 PI ,Ft Slope. 0.02 Ft/Fr shi ink age ! erlu(Ine �� � _ adnnalurC I1 92-(Typ 1 24 -3!/i yr3 Bars fTYp — 12,57 Fro, rod 51ar2 Beams index 020451 10 - 12x57 Flord, Slab Beams with 1i1' Max. Gap Sidewalk ...mg Slope. 0.02 Fr/Ft 5X Bars Alternate with Sr Bars (T yD.) See Note 1 Traitor Rarinrg Type 32" Vertical Face FOOT Standard R1dest 423 I TYp.) —' 8-55t11 Tq Spa Bars 55 Opp.) yp.) See FOOT forte. 423 Sidewalk Reinforcement 5507 Bars L) 12" al Sidewalk ifflAMILP LI= 5507 Bars 751 Sidewalk DETAIL 1 TYPICAL BRIDGE SECTION Loolrng Ahead Station 5T2 Bars ga 6' - ST1 Bats 7n' 9" $ Bars 00 12- ,La Srdewafk Barrier NOTES 1. Barrier Reinforcing Steel per l0dex 423 Len7N1 dot verlr<a1 lens of bars 5x and 51 511a71 2Ce0L+nt of me sidewalt thrcln(SS. 5X Bars Alternate win? 51 Bars (Typ.) Sec Note 2' 0 Conduirs tinder 2121011 ryp.! 7. 6` Hrgtl curb (onropr Shall march Type F curb on the approaches to the 8rrdge. Bars 4T4 & 4T5 COM BOLTON PEREZ & ASSOCIATES '1o5 CQR➢QRATE CENTER DRIVE, s0ITE 2Q! WAIN! fLORf0A 33126 CERtIY!CATE Cif 4Urn05lzor1UN 19/4 40400/N ➢ERE2, PE PE LICENSE WINDER 31336 — H O.L RV VF .01A'r0 11.0k11l,y DEPARTMENT NT 1H''I MANSPnrl'et T,N 1.uw.i, w.0 SUPERSTRUCTURE TYPICAL SECTION K.CAD. I.P N A rd144! PACT d7611; 1.52 nl NW 34TH AVENUE BRIDGE REPLACEMENT OVER COMFORT CANAL 81 to IsAED AND SEALED MOST RLLE SiG15 LORD OT THIS SHEET 15 THE 'El IA, , .. 2. . Ia./ I — us 811013C \ MAI 37th AV. - - .11•••• .. . • . ' " — ' - - — ..); :I I DETOUR ,,, DETOUR 4. ., — — - — - EPP( MN v., Z 0 .. ,..._ ,.... 1 1 NW 12th ST. NW 12th TER. NW 36th CT. ---------1_11..:. I. u") NVV 36th AV. El. . I - ,...., , Iit I NW 36th AV, 4 VI 8110AG / NW 15th st. DETOUR NW 35th CT. mem. f DETOUR 1E11 co co 4, LeV/1(2 ..0. La IdeatIlecal00and Op wpm of TratItc A. .: w. % 1 ,_ _..... ...._ ...... ...... ...., rill. ..fl Type Ili Balt wade I '6 ka in LO rnh ii• No, ic Cope 5,90 1=1 I lol I t CO CO DETOUR 61j[ll.-- I 1 .--,,, ,iz ,....._ ,... ..... MEM= c=„ Pk.C61,1:7eAtite (Val obieI . NW 35th AV. -, ,, -I 1111111091IN _ . BUN ROG e 6 Detour (VIR iu•Vatir r r .5rII --1 --- 1 8-FWD/VINT PE DE 5 I RIM! DRIOLI 836 , • 14,iii P I t P x p, g a nu .cu a. I 41 I '2'6" fr a ...J FN. V10130 I I I:el 0 0 It anoin NW 34th AV. -11 --q NW 34t h A y : ...... _ .--..:1 _ _IIII• — [:=1- BRIDGE OJT MILES AHEAD .0CAL 11.1i•filC ONO WO ,. • irm 0 Et 151 OUR 7.:2 1 I DETOUR .1 t\DET W 1,1 M z ..,.. IF -I DE TOUR PHAS E 1 REvISIONA CARIIIS FRANCIS, Pi , PIOE P.E LICENSE NUMBER Si/tia CHOICE ENCiNEENDuG CONSULIANTS, INC 12855 SW 13289 STREET. SUITE 200 MIME FLORIDA 33186 cruiricArr 08 ROTTIDATZATION 00031115 .irk- OF FLEIRIIIA DEPAA.T.IIENT !IP TRA.NISINIRTATT,w TE MPORA R T TR AFF11(' CONTROL PLAN HEET NO , _.r,Sir [0'1,Ni/iv DATE DESCRIPTION RO NCI COUNTY TtivamcIAL EROIE ID 2 2 WV 34AV MI ARO .0ADE 4261134-52.01 LOCALLY FUNDED AGREEMENT (Off SHS-Construction Contingency) THIS LOCALLY FUNDED AGREEMENT (hereinafter 'Agreement') is made and entered into this day of , 20 , between the CITY OF MIAIIMII, a of the State of Florida, hereinafter referred to as the `CITY', and the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION a component agency of the State of Florida, hereinafter referred to as the 'DEPARTMENT'. RECITALS: WHEREAS, included in the Department's Approved 5-year Work Program is PROJECT Number FM No. 4261 13-1 (the "PROJECT") on NW 34th Avenue Bridge over Comfort Canal, within the limits of approximately north of SR 836 / Dolphin Expressway and NW 14th Street (the "PROJECT LIMITS"), in Miami -Dade County, Florida, a road not on the State Highway System'; WHEREAS, the CITY is the holder of ownership rights, and has jurisdiction over and maintains NW 34th Avenue, as said CITY road is measured from the center line, between north of SR 836 / Dolphin Expressway and NW 14th Street; and WHEREAS, pursuant to an Off -System Construction and Maintenance Agreement between the DEPARTMENT and the CITY, the CITY has authorized the DEPARTMENT to construct the PROJECT; and WHEREAS, the DEPARTMENT is utilizing federal funds for the construction of the PROJECT; and WHEREAS, Section 339.08(1), F.S., does not authorize state funding for payments of non- participating federal funding on the PROJECT; and Construction funds are currently programmed for FYI9 Page I of 14 Locally Funded Agreement between the City of Miami and the Florida Department of Transportation, Financial PROJECT Number 4 26113-1-52-01 WHEREAS, the construction contingency costs associated with the PROJECT within the Project LIMITS , further described in Exhibit B- I attached hereto and made part hereof, require the CITY's participation; and WHEREAS, FDOT is authorized to enter into this Agreement pursuant to Sections 334.044(7) and 339.12, F. S., and authorizes its officers to do so; and WHEREAS, the CITY, by and through Resolution No. , attached hereto as Exhibit C, has duly authorized the execution and delivery of this Agreement and agrees to be bound by the terms hereunder, and has further authorized the Mayor or designee to take all necessary steps to effectuate the terms of this Agreement; NOW, THEREFORE, in consideration of the premises, the mutual covenants and other valuable considerations contained herein, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Recitals. The Recitals to this Agreement are true and correct and are incorporated herein by reference and made a part hereof. 2. General Requirements (a) The DEPARTMENT will administer and construct the PROJECT in accordance with the signed and sealed PROJECT plans, and as detailed in the attached Exhibit "A", `Scope of Services'. The funds provided by the CITY will be used to complete the PROJECT. The CITY will provide funding to the DEPARTMENT, in the aggregate amount of EIGHTY THOUSAND DOLLARS ($80,000.00) for the PROJECT contingency costs within the PROJECT, subject further to the provisions in Section 3 of this Agreement and as outlined in the attachment Exhibit "B", `Financial Summary', incorporated herein by reference. Page 2of14 Locally Funded Agreetne t between the City of Miami and the Florida Department of Transportation, Financial PROJECT Number 426113-1-52-01 (b) E-Verify: The CITY shall: i. Utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Vendor/Contractor during the term of the Agreement; and ii. Expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract tern. (Executive Order Number 2011-02) The CITY shall insert the above clause into any contract entered into by the CITY with vendors or contractors hired by the CITY for purposes of performing its duties under this Agreement. (c) The DEPARTMENT Contractor will not commence work on the PROJECT until CITY funding for the PROJECT is on deposit with the DEPARTMENT. (d) The DEPARTMENT Contractor will commence work on the PROJECT once the DEPARTMENT is in receipt, authorization and encumbrance of funding received from the CITY as a result of this Agreement, 3. Financial Provisions. (a) The CITY agrees that it will, at least fourteen (14) calendar days prior to the DEPARTMENT's advertising of the PROJECT, furnish the DEPARTMENT a deposit in the amount of EIGHTY THOUSAND DOLLARS ($80,000.00) for the construction Page3of14 Locally Funded Agreement between the City of Miami and the Florida Department of Transportation, Financial PROJECT Nurnber 426113-1-52-01 contingency costs estimated for the PROJECT, under FM# 426113-1-52-01. The DEPARTMENT may utilize this deposit for payment of the contingency costs of the PROJECT. (b) The CITY understands that the construction contingency costs are subject to increase(s) and agrees to provide additional funds in the event of any increase(s). The DEPARTMENT will notify the CITY as soon as any increase(s) become apparent; however, failure of the DEPARTMENT to so notify the CITY shall not relieve the CITY from its obligation to provide for all of the construction contingency costs during the PROJECT and on final accounting. The CITY shall provide additional deposit(s) under specified situations within the stated time period as follows: i. If the accepted PROJECT bid amount plus allowances is in excess of the estimated amount, the CITY will provide an additional deposit within fourteen (14) calendar days of notification from the DEPARTMENT, or prior to posting of the accepted PROJECT bid, whichever is earlier. If the CITY cannot provide the additional deposit within fourteen (14) days, a letter must be submitted to and approved by the DEPARTMENT's PPROJECT Manager indicating when the deposit will be made. The CITY 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. ii. Should PROJECT modifications or changes to bid items occur that result in an increase to the PROJECT costs, the CITY agrees to provide, without Page 4 of 14 Locally Funded Agreement between the City of Miami and the Florida Department of Transportation, Financial PROJECT Number 426113-1-52-01 delay, an additional deposit upon notification from the DEPARTMENT and in advance of the additional work being performed. Construction contingency costs not paid within 40 (forty) 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. iii. In the event the final accounting of total PROJECT costs related to the CITY right of way is greater than the total funds on deposit to date, the CITY will pay the additional amount within forty (40) calendar days from the date of the invoice from the DEPARTMENT. The CITY agrees to pay interest at a rate as established pursuant to Section 55.03, F.S. on any invoice not paid within forty (40) calendar days until the invoice is paid. (c) 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 (360) days of final payment to the Contractor. The DEPARTMENT considers the PROJECT complete when final payment has been made to the Contractor, not when the construction work is complete. All PROJECT cost records and accounts shall be subject to audit by a representative of the CITY for a period of three (3) years after final close out of the PROJECT. The CITY will be notified of the final cost. Both parties agree that in the event final accounting of total PROJECT contingency 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 CITY. If the final accounting is not performed within three hundred and sixty (360) days, the CITY is not relieved from its obligation to pay. Page 5 of 14 Locally Funded Agreement between the City of Miami and the Florida Department of Transportation, Financial PROJECTNu,nber 426113-1-52-01 (d) The payment of funds under this Locally Funded Agreement will be made directly to the DEPARTMENT for deposit and as provided in the attached Exhibit "D", Escrow Agreement ("EA") between the CITY, the DEPARTMENT and the State of Florida, Department of Financial Services, Division of Treasury. (e) All interest earned will remain in the account to cover cost overruns. Nothing in this Agreement shall be construed to violate the provisions of Section 339. 135(6)(a), Florida Statutes, which provides as follows: "The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the Comptroller of the Department that such funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding one year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of TWENTY FIVE THOUSAND DOLLARS ($25,000.00) and which have a term for a period of more than one year." 4. Effective Date of this Agreement. This Agreement shall become effective upon execution by the CITY and the DEPARTMENT, which is the date set forth on page one (1) hereof. Page 6 of 14 Locally Funded Agreement between the City of Miami and the Florida Department of Transportation, Financial PROJECT Number 426113-1-52-01 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 CITY, expressed in writing and executed and delivered by each. 7. Notices. All notices, requests, demands and other communications required or perinitted under this Agreement shall be in writing and shalt be 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 CITY: City of Miami -Capital Improvements and Transportation Program Miami Riverside Center 444 SW 2nd Avenue, 8th Floor Miami, Florida 33130 Attention: Jose L. Lago, PE, CFM Ph: (305) 416-1252; Fax: (305) 416-2153 Email: jlago@maimigov.com (b) If to the DEPARTMENT: Florida Department of Transportation 1000 NW 111 Avenue, Room 62O2B Miami, Florida 33172 Attention: Mansur Husain, Senior Contract Analyst Ph: (305) 470-5112; Fax: (305) 640-7556 Email Mansur.Husain@dot.state.fl.us 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. Page 7 of 14 Locall v Funded Agreement between the City of Miami and the Florida Department of Transportation, Financial PROJECT Number 426113-1-52-01 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. 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 party beneficiary or otherwise except as specifically provided 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; provided that the parties further acknowledge that certain additional actions by the CITY may require approval by the CITY Council, and, to the extent such approval is required by applicable law, obtaining such approval shall be a condition to the obligations of the CITY under this Section. Page 8 of 14 Locally Funded Agreement between the City of Miami and the Florida Department of Transportation, Financial PROJECT Number 4 26113-1-52-01 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 Miami -Dade County, Florida. REMAINDER OF PAGE LEFT BLANK INTENTIONALLY Page 9 of 14 Locally Funded Agreement between the City of Miami Chid the Florida Department of Transportation, Financial PROJECT Number 426113-1-52-01 IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the day and year first above written, the CITY, signing by and through its Mayor or designee, and the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, signing by and through its District Secretary, each duly authorized to execute same. CITY OF MIAMI: STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION: BY: BY: CITY MAYOR DISTRICT SECRETARY ATTEST: ATTEST: (SEAL) CITY CLERK (SEAL) EXECUTIVE SECRETARY LEGAL REVIEW: CITY ATTORNEY DISTRICT CHIEF COUNSEL Page 10 of 14 Locally Funded Agreement between the City of Miami and the Florida Department of Transportation, Financial PROJECT Number 426113-I-52-01 EXHIBIT 'A' SCOPE OF SERVICES The PROJECT work consists of non -participating federal funding items related to the construction of a bridge replacement along NW 34th Avenue from approximately north of SR 836 / Dolphin Expressway to NW 14th Street in accordance with the plans and specifications as approved by the DEPARTMENT, attached hereto and incorporated by reference. PROJECT LIMITS: NW 34th Avenue (a road not on the State Highway System) from approximately north of SR 836 / Dolphin Expressway to NW 14th Street DEPARTMENT Financial PROJECT Number: 426113-1-52-01 LIMITS OF CITY OF MIAMI RIGHT OF WAY WTHIN THE LIMITS OF THE PROJECT: NW 34th Avenue corridor, further described as follows: NW 34th Avenue right of way, as measured from the center line, between north of SR 836 / Dolphin Expressway to NW 14th Avenue. COUNTY: Miami -Dade DEPARTMENT PROJECT Manager: Bao-Ying Wang, PE CITY PROJECT Manager: Jose L. Lago, PE, CFM Page t 1 of 14 Locally Funded Agreement bet;, eery the City of Miami and the Florida Department of Transportation, Financial PROJECT Number 426113-1-52-01 EXHIBIT `B' FINANCIAL SUMMARY The DEPARTMENT's Work Program allocates the following funding, programmed under Financial PROJECT Number 426113-1-52-01, for PROJECT completion: Fiscal Year: Amount: Fund Type: 2019 $80,000.00 Local Funds (LF) CITY OF MIAMI FINANCIAL RESPONSIBILITY: $ 80,000.00 Incorporated herein by reference is Exhibit "B1", cost estimate. Page 12 of 14 Locally Funded Agreement between the City of Miami and the Florida Department of Transportation, Financial PROJECT Number 426113-1-52-01 EXHIBIT 'BI' COST ESTIMATE Item Cost l . 5% of Construction Cost $80,000.00 TOTAL $80,000.00 Page 13 of 14 Locally Funded Agreement between the City of Miami and the Florida Department of Transportation, Financial PROJECT Number 426113-1-52-01 EXHIBIT 'C' CITY RESOLUTION To be attached hereto and incorporated herein once ratified by the City of Miami Council. Page 14 of 14 Locally Funded Agreement between the City of Miami and the Florida Department of Transportation, Financial PROJECT Number 426113-1-52-01 EXHIBIT "D" THREE PARTY ESCROW AGREEMENT THIS AGREEMENT is made and entered into by and between the State of Florida, Department of Transportation ("FOOT"), the City of Miami ("CITY"), 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 CITY are engaged in the following project ("Project"): Project Name: NW 34th Avenue Bridge over Comfort Canal Project #: 426113-1-52-01 County: Miami -Dade WHEREAS, FDOT and CITY 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 initial deposit will be made into an interest bearing escrow account established hereunder for the purposes of the Project. The escrow account will be opened with the Escrow Agent on behalf of FDOT upon Escrow Agent's receipt and execution of this Agreement. 2. Other deposits to the escrow account may be made during the life of this agreement. 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 CITY in accordance with the instructions provided to the Escrow Agent by FDOT's Comptroller or desig nee. 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. 350-020-300-o Page2of3 6. Unless instructed otherwise by FDOT, all interest accumulated in the escrow account shall remain in the account for the purposes of the Project. 7 The Escrow Agent agrees to provide written confirmation of receipt of funds to FDOT. FOOT agrees to provide a copy of such written confirmation to CITY 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 CITY 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 CITY, nor from any separate agreements between FDOT and CITY and shall have no responsibility to monitor or enforce any responsibilities herein or in any separate agreements associated with this Agreement between FDOT and CITY. 11. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Florida. 12. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall 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. 350-020-300-o Page3of3 IN WITNESS WHEREOF, the parties have duly executed the Agreement on the date(s) below. For FDOT-OOC (signature) For CITY (signature) Name and Title Name and Title 59-3024028 Federal Employer I.D. Number Federal Employer I.D. Number Date Date FDOT Legal Review: For Escrow Agent (signature) Name and Title Date