HomeMy WebLinkAboutReso 2023-3585DocuSign Envelope ID: FOA67BA5-AAAE-461 D-A31E-SEAFSKA67C3
RESOLUTION NO.2023 - 3 S
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH,
FLORIDA, APPROVING A LOCALLY FUNDED AGREEMENT AND A THREE PARTY
ESCROW AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH AND THE
FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE REHABILITATION,
REPAIR, AND/OR REPLACEMENT OF THE ATLANTIC ISLE HISTORIC BRIDGE;
AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENTS; AUTHORIZING THE
CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THE TERMS OF
THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Sunny Isles Beach (the "City") is a municipal corporation existing
under the laws of the State of Florida; and
WHEREAS, the Florida Department of Transportation ("FDOT") is an agency of the State
of Florida having jurisdiction over state roads; and
WHEREAS, the City has jurisdiction over and maintains Bridge Number 874218, known as
Atlantic Isles Lake Bridge (the "Bridge"), located in the Atlantic Isle neighborhood of the City;
and
WHEREAS, FDOT intends to undertake various phases of a project for the rehabilitation,
repair, and/or replacement of the existing Bridge (the "Project"); and
WHEREAS, the FDOT is utilizing federal funds for the completion of the Project; and
WHEREAS, on October 24, 2023, pursuant to Chapter 172 of the City's Code of
Ordinances, the City's Historic Preservation Board approved a resolution approving the issuance
of a Certificate of Apprdpriateness to FDOT for the repair, restoration, or replacement of the
Bridge; and
WHEREAS, the City recognizes the importance of this Project for the safety and
wellbeing of its residents and visitors; and
WHEREAS, the City Commission now wishes to approve_a Locally Funded Agreement and
a Three Party Escrow Agreement with FDOT for the Project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY
ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Approval of Agreements. The City Commission hereby approves a Locally Funded
Agreement and a Three Party Escrow Agreement with the Florida Department of Transportation
for the rehabilitation, repair, and/or replacement of the existing Atlantic Isles Lake Bridge,
attached hereto as Exhibit "A" and Exhibit "B", respectively.
R2023 LFA W FOOT For Atlantic Isle Bridge Rehab Page 1 of 2
DocuSign Envelope ID: FOA67BA5-AAAE-461 D-A31 E-8EAF882A67C3
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
AGREEMENT SUMMARY SHEET
350-020-03
COMPTROLLER
9/18
Attach this completed form to the agreement and forward to the
LFA Section in the OOC, General Accounting Office, M.S. 4213.
If you have have any questions, please call
850-414-4867 or 850-414-4889.
1. Participants Name: City of Sunny Isles
Participants Address: 18070 Collins Avenue
City, State, Zip: Sunny Isles Beach, FL 33160
Richard Labinsky, P.E., City
Contact: Engineer Phone Number:
E-Mail Address: rabinsky@sibfl.net Fax Number:
Federal Employer ID # and address sequence: 650784647
FEID# has a verified W-9 registered with the Department of Financial Services:
2. Refund Address: 18070 Collins Avenue
Sunnv Isles Beach. FL 33160
305-792-1817
(305) 792-1626
®Yes ❑No ❑In Process
3. District Contact Person: Victoria Vogt Phone Number: 305-470-5420
District Number: 6 - Miami Fax Number: (305) 470-5205
4_ Agreement Date: 5. Date Form Modified: 7/21/2023
6. Agreement Amount: $1,023,409.00 7. Escrow Deposit Due Date: December 2023
Amount Due: $ Additional Deposit Due Date:
Amount Due: $ Additional Deposit Due Date:
8. Amount Due: $ $1,023,409.00
County Name: MIAMI-DADE 9. FDOT County Number: 87
10. If fund type is LFR/LFRF (❑Yes ❑No), what is the anticipated start date of the payback:
Is payback to be made in: ❑Scheduled Payments ❑Quarterly ®Lump Sum
11. Participant is responsible for (check one): ❑100% ®Other Percentage (25 %)
❑ Bid Items ❑Lump Sum
If participant is responsible for bid items, please complete the attached spreadsheet.
12. Description of work:
The Project Development & Environment (PD&E), Design, Right of Way, Construction,
Construction Engineering Inspection (CEI), and Post Design phases for the Atlantic Avenue
Bridge replacement project.
13. Financial Project #
Including 6x Phases
14. Amount
15. Work
Program Fund
Code
16. Federal Part or
Non -Federal Part.
17. Contract #
18. % to Bill
430029-2-22-01
$122,882
LF
0
TBD
25%
430029-2-32-01
$240,173
LF
0
TBD
25%
430029-2-43-01
$47,389
LF
0
TBD
25%
430029-2-52-01
$478,621
LF
0
TBD
25%
430029-2-62-01
$67,172
LF
0
TBD
25%
430029-2-62-02
$67,172
LF
0
TBD
25%
19. Has WP been updated to reflect the changes on this form? ®Yes ❑No
20. Comments:
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 350-020-03
AGREEMENT SUMMARY SHEET COMPTROLLER
9/1 S
INSTRUCTIONS FOR COMPLETING THE AGREEMENT SUMMARY SHEET
The attached Agreement Summary Sheet has numbered sections. Please refer to the number below that corresponds to
the number on the summary sheet.
1. Enter verified participant's information on designated lines. Please note that the registered federal employer ID
number and address sequence is required and must match participant's name and address recorded on the
Agreement Summary Sheet. Participants can register at http://flvendor.mvfloridacfo.com.
2. Enter the refund address.
3. Place the district's contact on the designated line. Please note that the district contact person is the individual in
the district we can contact for general information concerning the project.
4. Enter the agreement date listed on the agreement.
5. Enter the date the form was last modified.
6. Agreement Amount.
7. Enter the date that the initial escrow deposit is due and amount due. Enter all additional escrow deposits with their
due dates and amount due.
8. Place the name of the county in which the project is located.
9. List the FDOT assigned county number where the project is located.
10. If LFR/LFRF equals YES provide anticipated start date of payback.
If FDOT will be reimbursing the county in scheduled portions, place an X on the line by Scheduled Payments and
put the number of payments next to Quarterly (Example: If it is the Department's intention to reimburse the
participant in 10 quarterly payments then place an X next to Scheduled Payments and insert a 10 next to
Quarterly). If, however, it is the Department's intention to reimburse the participant in one lump sum, please place
an X on the line next to Lump Sum.
11. If the participant is responsible for 100% of the project cost, place an X on the line next to 100%. If the participant
is responsible for 50% of the project, place an X on the line marked "Other Percentage" and write 50 in the
specified area. If the participant is only responsible for bid items, also known as pay items, place an X on the line
next to "Bid Items" (note: be sure to complete the Attached Bid Item spreadsheet). If the participant is responsible
for contributing a lump sum amount towards the construction project, place an X on the line next to Lump Sum.
12. Write a brief description of the location and the type of work being performed. Example: Turning lane on Hwy 90
in Leon County.
13. List all financial project numbers including phases and sequences that the Local is responsible for in this
agreement. For example 198065-1-56-01.
14. Provide dollar amount for each financial project number listed. Total amount of all the financial project numbers
listed should the total agreement amount.
15. Provide the work program fund code programmed for each financial project number listed.
16. Provide federal billing indicator, (0) for federal participating or (1) for non-federal participating.
17. List the FDOT contract number for the project listed in section #13 (if known at the time you are submitting the
form).
18. Place the % of the project cost to be paid by the participant, if applicable. For example if your participant is
responsible for 5% CEA cost (as per the agreement), you should have listed the financial project number on line
13 next to CEA/CEI, the contract number on line 14 and 5% on line 15.
19. Make sure to update work program to reflect the changes on the Agreement Summary Sheet.
20. This section is for any comments the district contact might have about the agreement that might assist the
accountants in recording the revenue on the project.
DocuSign Envelope ID: FOA67BA5-AAAE-461D-A31E-8EAF882A67C3
LOCALLY FUNDED AGREEMENT
BETWEEN
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
AND THE
CITY OF SUNNY ISLES BEACH
This Agreement is made and entered into this 27 day of November , 2023, between the Florida
Department of Transportation, an agency of the State of Florida, hereinafter referred to as the "Department",
and the City of Sunny Isles 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 Participant has jurisdiction over and maintains Bridge Number 874218 Atlantic
Avenue at West of SR A1A; and
WHEREAS, the Department will undertake to complete various phases of a project, hereinafter
referred to as the °Project", for the rehabilitation and/or replacement of the existing Bridge Number 874218,
the individual elements of which are outlined in the attached Exhibit "A", `Scope of Services', which is herein
incorporated by reference; and
WHEREAS, the Department is utilizing federal funds for the completion of the Project; and
WHEREAS, the Project is off of the "State Highway System," and therefore, in accordance with
Section 339.08(1), F.S., State funding cannot be used for payment of federal non -participating expenses
on the Project (hereinafter "Non -Participating Expenses"), as further defined in Section three (3) (e) below;
and
WHEREAS, the Department and the Participant shall contribute seventy-five percent (75%) and
twenty-five percent (25%), respectively, to fund the Project costs, exclusive of Non -Participating Expenses,
and Participant will further contribute funds as necessary to fully cover any Non -Participating Expenses;
and
WHEREAS, the Participant shall deposit funds in escrow with the State of Florida, Department of
Financial Services, Division of Treasury, in the amount set forth in Exhibit B, to cover its twenty-five percent
(26%) share of the estimated Project cost; and
WHEREAS, the parties hereto mutually recognize the need for entering into an Agreement
designating and setting forth the responsibilities of each party; and
Page 1 of 14
DocuSign Envelope ID: FOA67BA5-AAAE-461D-A31E-8EAF882A67C3
LOCALLY FUNDED AGREEMENT
BETWEEN
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
AND THE
CITY OF SUNNY ISLES BEACH
WHEREAS, the parties are authorized to enter into this Agreement pursuant to Section 334.044(7)
and 339.1Z Florida Statutes (F.S.).
NOW, THEREFORE, in consideration of the premises, the mutual covenants and other valuable
considerations contained herein, the receipt and sufficiency of which are hereby acknowledged, the parties
agree as follows:
1. INCORPORATION OF RECITALS
The foregoing recitals are true and correct and are incorporated into the body of this Agreement, as if
fully set forth herein.
2. GENERAL REQUIREMENTS
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 Project in accordance with the scope detailed in the attached
Exhibit "A", 'Scope of Services'. The Department will complete the Project utii'Izing the funds
provided by the Participant.
c. The Participant will provide funding to the Department, in the aggregate amount of ONE
MILLION AND TWENTY THREE THOUSAND FOUR HUNDRED AND NINE DOLLARS
($1,023,409.00) for its twenty-five percent (25%) share of the estimated Project cost, exclusive
of Non -Participating Expenses, subject further to the provisions in Section 3 of this Agreement
and as outlined in the attachment Exhibit "B", 'Financial Summary', which is herein incorporated
by reference.
d. The Department will not be obligated to commence work on the Project until Participant's
funding of its share of the estimated Project cost is on deposit with the Department
e. Upon the receipt and encumbrance of the aforesaid funding received from the Participant, the
Department will commence work on the Project.
Page 2of14
DocuSign Envelope ID: FOA67BA5-AAAE-461D-A31E-8EAF882A67C3
LOCALLY FUNDED AGREEMENT
BETWEEN
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
AND THE
CITY OF SUNNY ISLES BEACH
3. FINANCIAL PROVISIONS
a. The Participant agrees that within thirty (30) days from the effective date of this Agreement, it
will furnish the Department an advance deposit in the amount of ONE MILLION AND TWENTY
THREE THOUSAND FOUR HUNDRED AND NINE DOLLARS ($1,023,409.00) for payment
of its share of the estimated Project costs (exclusive of Non -Participating Expenses) for Locally
Funded Project number(s) 430029-2-22-01, 430029-2-32-01, 430029-2-43-01, 430029-2-52-
01, 430029-2-62-01, and 430029-2-62-02. The Department may utilize the advance deposit for
payment of the Project costs. If at any time, during the delivery of a Project phase, the cost of
any phase exceeds the available designated funds for such phase, as set forth in Exhibit "B",
the Department may utilize availablefuncommitted advance deposit funds that are designated
to cover the cost of other phases, to fund the Participant's share of such excess costs.
b. Prior to advertising the project for construction letting, the Project cost estimate will be updated
by the Department. If the updated Project cost estimate is greater than the Project cost estimate
outlined in the attachment Exhibit "B", `Financial Summary', the Participant shall provide an
additional deposit in the amount necessary to cover its twenty-five percent (25%) share of the
updated Project cost estimate. Said additional deposit shall be delivered to the Department,
MMin fourteen (14) calendar days of the Departments notification to Participant of the
estimated Project cost increase.
c. If the accepted construction bid amount plus a five percent (5 %) construction contingency
allowance is in excess of the total collective Department and Participant contribution amount
that then remains available after deducting the amounts expended on or allocated to other
phases of the Project (hereinafter the "Remaining Collective Contribution Amount"), 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, to cover the
Participants twenty-five percent share of the current Project cost (consisting of the bid amount,
plus construction contingency, plus amounts expended on or allocated to other phases of the
Page 3 of 14
DocuSign Envelope ID: FOA67BAS-AAAE-461 D-A31 E-8EAF882A67C3
LOCALLY FUNDED AGREEMENT
BETWEEN
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
AND THE
CITY OF SUNNY ISLES BEACH
Project), so that the collective contribution amount, after each party contributes its
proportionate share of the current Project cost, will be equal to the construction bid amount,
plus the construction contingency allowance, plus the amounts expended on or allocated to
other phases of the Project. The Department will notify the Participant as soon as it becomes
apparent that the accepted bid amount, plus the construction contingency allowance, exceeds
the Remaining Collective Contribution Amount. However, failure of the Department to so notify
the Participant shall not relieve the Participant from its obligation to pay for its full participation
on final accounting as provided herein below. 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
d. If the accepted bid amount plus construction contingency allowance, is less than the Remaining
Collective Contribution Amount, the Department will refund the Participant's proportionate
share of said excess funds, if such refund is requested by the Participant in writing.
e. The Parties' contingency allowance contribution shall be used to create a funding source
(hereinafter the "contingency fund") to be used for payment of construction contingency costs
(hereinafter "contingency costs"). Contingency costs include any increased Project cost
resulting in supplemental payment to the construction contractor, including, but not limited to,
increased costs for extra work, project modifications, delay claims, errors, and omissions,
claims, etc.
f. In the event that any contingency cost is determined to be ineligible to be paid for with federal
funds (such a cost herein referred to as a "Non -Participating Expense"), due to the Federal
Highway Administration's determination that the cost is a non -participating cost pursuant to
applicable law or regulation, the Participant shall be responsible to contribute one -hundred
percent (100%) of'the funds required to pay for the Non -Participating Expense. Examples of
Page 4 of 14
DocuSign Envelope ID: FOA67BA6-AAAE-461 D-A31 E-8EAF882A67C3
LOCALLY FUNDED AGREEMENT
BETWEEN
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
AND THE
CITY OF SUNNY ISLES BEACH
Non -Participating Expenses include, but are not limited to, maintenance costs (such as mowing
or litter removal), utility impacts, fishing piers, premium costs due to design or CEI errors or
omissions, and material or equipment called for in the plans but not used in the construction,
as referenced in the Federal Aid Policy Guide 23, CFR Section 635.120.
g. The Department shall solicit approval for Federal Aid participation in all Project cost increases
resulting in supplemental payment from Participant funds provided pursuant to this Agreement
Federal Aid participation shall be determined as required by Federal Aid Policy Guide 23, CFR
Section 635.120.
h. If Federal Aid participation approval is denied for any contingency cost, the Participant shall
contribute the additional funds required to cover 100% of the cost of the Non -Participating
Expense. The Participant will provide the additional deposit within fourteen (14) calendar days
of notification from the Department. The funds shall be added to the contingency fund and
shall be used to pay the Non -Participating Expense, or to replenish any contingency funds that
may have been previously applied towards payment of the Non -Participating Expense.
i. Should project modifications or changes to construction bid items occur that increase the
Participant's share of 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 Participant's share of the Project costs. 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 so no* 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 below. Funds due from the Participant during the Project not paid within forty
(40) 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.).
Page 5of14
DocuSign Envelope ID: FOA67BA5-AAAE-461 D-A31 E-8EAF882A67C3
LOCALLY FUNDED AGREEMENT
BETWEEN
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
AND THE
CITY OF SUNNY ISLES BEACH
j. The Department intends to have its final and complete accounting of all costs incurred in
connection with the work peerformed hereunder within three hundred and sixty (360) days of
final payment to the Contractor. The Department considers the project complete when the 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 Participant
far 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 the Participant's
proportionate share of total Project costs pursuant to the terms of this Agreement is less than
the total deposits, a refund of the excess will be made by the Department to the Participant If
the final accounting is not performed within three hundred and sixty (360) days, the Participant
is not relieved from its obligation to pay.
k. In the event the final accounting of the Participant's proportionate share of total Project costs
is greater than the total deposits, the Participant will pay the additional amount within forty (40)
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
forty (40) calendar days until the invoice is paid.
1. The payment of funds for Project costs under this Locally Funded Agreement will be made
directly to the Department for deposit and as provided in the attached EA between
Participant's), Department and the State of Florida, Department of Financial Services, Division
of Treasury.
Page 6 of 14
DocuSign Envelope [D: FOA676A&AAAE-461D-A31E-8EAF882A67C3
LOCALLY FUNDED AGREEMENT
BETWEEN
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
AND THE
CITY OF SUNNY ISLES BEACH
m. Contact Persons:
PARTICIPANT: City of Sunny Isles
Address: 18070 Collins Avenue, Sunny Isles Beach, FL 33160
Contact Person: Richard Labinsky, P.E.
Telephone # (305) 792-1817
Fax #' (305) 792-1626
Federal Employer ID # (FEIN), 650784641
DEPARTMENT: Florida Department of Transportation -
District Contact Victoria Vogt, M.S., FCCM
Telephone #: (305) 470-5420
Fax #: (305) 470-5205
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
All notices, requests, demands, and other communications required or permitted under this Agreement
shall be in writing and shall 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:
Page 7 of 14
DocuSign Envelope ID: FOA67BA5-AAAE461 D-A31 E-8EAF882A67C3
LOCALLY FUNDED AGREEMENT
BETWEEN
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
AND THE
CITY OF SUNNY ISLES BEACH
a. If to the Participant:
.City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, FL 33160
Attention: Richard Labinsky, P.E., City Engineer
b. If to the Department:
Florida Department of Transportation
1000 NW 111 Avenue
Miami, Florida 33172
Attention: Victoria Vogt, M.S., FCCM, 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
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.
Page 8 of 14
DocuSign Envelope ID: FOA67BA5-AAAE-461 D-A31 E-8EAF882A67C3
LOCALLY FUNDED AGREEMENT
BETWEEN
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
AND THE
CITY OF SUNNY ISLES BEACH
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 cant' 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
Participant may require approval by the Participant's Commission, and, to the extent such approval is
required by applicable law, obtaining such approval shall be a condition to the obligations of the
Participant under this Section.
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 tern of this Agreement or arising from or relating to this Agreement shall lie
exclusively in Leon County, Florida.
[signatures on following page]
Page 9 of 14
DocuSign Envelope ID: FOA67BA5-AAAE-461D-A31E-8EAF882A67C3
LOCALLY FUNDED AGREEMENT
BETWEEN
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
AND THE
CITY OF SUNNY ISLES BEACH
IN WITNESS WHEREOF, the parties herub have exemaed this Agreement, on the day and year
above written.
CITY OF SUNNY ISLES REACH:
BY:
Canso Svechin, Mayor
ATTEST:
STATE OF FLORIDA, DEPARTMENT OF
TRANSPORTATION:
�9��[/Dooc/uu iJglnredd by.
L/ 25A781"F3— DS
gABBF25A78i44F3_
By.. Stacy Miller
DISTRICT SECRETARY
�DocuSigned by:
FC1 E1E 3C47H_.
ATTEST. Helen Bosque
EXECIiTWE SECRETARY
LEGAL REVIEW Doousigeed bq:
5ucix 11w6t
* 12CAFCE1B1d648C...
Alicia Trujillo
ARTICIPA FS ATTORNEY DISTRICT CHIEF COUNSEL
Alai E. Someau, for Nabors,
GINIn & Nickelson, P.A.,
CRY Attomey
Page 10 of 14
DocuSign Envelope ID: FOA67BA5-AAAE-461 D-A31 E-8EAF882A67C3
LOCALLY FUNDED AGREEMENT
BETWEEN
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
AND THE
CITY OF SUNNY ISLES BEACH
EXHIBIT "A"
SCOPE OF SERVICES
Project Description: Atlantic Avenue Bridge (Bridge Number 874218) in the City of
Sunny Isles Beach
Project Limits: At West of SR A1A (Bridge Number 874218)
FDOT Financial Project Number(s): 430029-2-22-01, 430029-2-32-01, 430029-2-43-01,
430029-2-52-01, 430029-2-62-01, 430029-2-62-02
County: Miami -Dade
FDOT Project Manager: Victoria Vogt, M.S., FCCM, Project Manager
Participant's Project Manager: Richard Labinsky, P.E., City Engineer
The PROJECT is for the rehabilitation andlor replacement of the existing Atlantic Avenue Bridge (Bridge
Number 874218) in the City of Sunny Isles Beach. This Agreement includes the Project Development &
Environment, Final Design, Right of Way, Construction, Construction Engineering Inspection, and Post
Design Services phases of the Project. The Department will obtain Location Design Concept Acceptance
(LDCA) for the Project during the PD&E phase, which will allow for use of federal funding. Next, the Project
will proceed into the Final Design phase, which will also identify the necessary right of needs. Subsequently,
the Project will enter the Right of Way phase to secure the necessary right of way for construction. Then,
the Project begin the Construction phase, which will also continue with the Construction Engineering
Inspection and Final Design phases to completion.
Page 11 of 14
LOCALLY FUNDED AGREEMENT
BETWEEN
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
AND THE
CITY OF SUNNY ISLES BEACH
EXHIBIT "B"
FINANCIAL SUMMARY
I
PD&E
430029-2-22-01
$491,527
$122,882
Pending via supplement
to FDOT
$614,409
Design
430029-2-32-01
$720,518
$240,173
$960,691
Right of Way
430029-2-43-01
$142,166
$47,389
$189,555
Construction
430029-2-52-01
$1,435,863
$478,621
$1,914,484
CEI
430029-2-62-01
$201,517
$67,172
$268,689
Post Design
430029-2-62-02
$201,517
$67,172
$268,689
Totals
$3,193,108
$19023,4109
$4,216,517
DocuSign Envelope ID: FOA67BA6-AAAE-461D-A31E-8EAF882A67C3
LOCALLY FUNDED AGREEMENT
BETWEEN
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
AND THE
CITY OF SUNNY ISLES BEACH
EXHIBIT "C"
PARTICIPANT'S RESOLUTION
To be herein incorporated once approved by the Participants Commission.
Page 13 of 14
DocuSign Envelope ID: FOA67BA5-AAAE-461 D A31E-8EAF882A67C3
RESOLUTION NO.2023 - 3 S�S
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH,
FLORIDA, APPROVING A LOCALLY FUNDED AGREEMENT AND A THREE PARTY
ESCROW AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH AND THE
FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE REHABILITATION,
REPAIR, AND/OR REPLACEMENT OF THE ATLANTIC ISLE HISTORIC BRIDGE;
AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENTS; AUTHORIZING THE
CRY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THE TERMS OF
THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Sunny Isles Beach (the "City") is a municipal corporation existing
under the laws of the State of Florida; and
WHEREAS, the Florida Department of Transportation ("FDOT") is an agency of the State
of Florida having jurisdiction overstate roads; and
WHEREAS, the City has jurisdiction over and maintains Bridge Number 874218, known as
Atlantic Isles Lake Bridge (the "Bridge"), located in the Atlantic Isle neighborhood of the City;
and
WHEREAS, FDOT intends to undertake various phases of a project for the rehabilitation,
repair, and/or replacement of the existing Bridge (the "Project"); and
WHEREAS, the FDOT is utilizing federal funds for the completion of the Project; and
WHEREAS, on October 24, 2023, pursuant to Chapter 172 of the City's Code of
Ordinances, the City's Historic Preservation Board approved a resolution approving the issuance
of a Certificate of Apprdpriateness to FDOT for the repair, restoration, or replacement of the
Bridge; and
WHEREAS, the City recognizes the importance of this Project for the safety and
wellbeing of its residents and visitors; and
WHEREAS, the City Commission now wishes to approve a Locally Funded Agreement and
a Three Party Escrow Agreement with FDOT for the Project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY
ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Anproval of Agreements. The City Commission hereby approves a Locally Funded
Agreement and a Three Party Escrow Agreement with the Florida Department of Transportation
for the rehabilitation, repair, and/or replacement of the existing Atlantic Isles Lake Bridge,
attached hereto as Exhibit "A" and Exhibit "B", respectively.
R2023 LFA W FOOT For Atlantic Isle Bridge Rehab Page 1 of 2
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LOCALLY FUNDED AGREEMENT
BETWEEN
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
AND THE
CITY OF SUNNY ISLES BEACH
EXHIBIT "D"
THREE PARTY ESCROW AGREEMENT
To be herein incorporated once approved by the Department's Office of the Comptroller.
Page 14 of 14
THREE PARTY ESCROW AGREEMENT
THIS AGREEMENT is made and entered into by and between the State of
Florida, Department of Transportation ("FDOT"), Sunny Isles Beach, Florida ("Participant"), and
the State of Florida, Department of Financial Services, Division of Treasury ("Escrow Agent"), and
shall become effective upon the Agreement's execution by Escrow Agent.
WHEREAS, FDOT and Participant are engaged in the following project ("Project"):
Project Name: ATLANTIC ISLE AT WEST OF SR A1A (BRIDGE# 874218)
Project #: 430029-2-22-01, 430029-2-32-01, 430029-2-43-01, 430029-2-52-01, 430029-2-62-01,
430029-2-62-02
County: MIAMI-DADE
WHEREAS, FDOT and Participant desire to establish an escrow account for the project.
NOW THEREFORE, in consideration of the premises and the covenants contained herein,
the parties agree to the following:
1. An 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 Participant in
accordance with the instructions provided to the Escrow Agent by FDOT's
Comptroller or designee.
5. Moneys in the escrow account will be invested in accordance with section 17.61,
Florida Statutes. The Escrow Agent will invest the moneys expeditiously. Income is
only earned on the moneys while invested. There is no guaranteed rate of return.
Investments in the escrow account will be assessed a fee in accordance with
Section 17.61(4)(b), Florida Statutes. All income of the investments shall accrue to
the escrow account.
6. Unless instructed otherwise by FDOT, all interest accumulated in the escrow
account
shall remain in the account for the purposes of the Project.
7. The Escrow Agent agrees to provide written confirmation of receipt of funds to FDOT.
FDOT agrees to provide a copy of such written confirmation to Participant upon
request.
8. The Escrow Agent further agrees to provide quarterly reports to FDOT concerning
the escrow account. FDOT agrees to provide a copy of such quarterly reports to
Participant upon request.
9. The Escrow Agent shall not be liable for any error of judgment or for any act.done or
omitted by it in good faith, or for anything which it may in good faith do or refrain from
doing in connection herewith.
10. Escrow Agent shall have no liability for any claim, cost, expense, damage or loss
due to the acts or omissions of FDOT and Participant, nor from any separate
agreements between FDOT and Participant and shall have no responsibility to
monitor or enforce any responsibilities herein or in any separate agreements
associated with this Agreement between FDOT and Participant.
11. This Agreement shall be governed by and interpreted in accordance with the laws of
the State of Florida.
12. 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.
DocuSign Envelope ID: 971A3BD1-8E7A-4304-AD70-6F518252A379
IN WITNESS WHEREOF, the parties have duly executed the Agreement on the date(s)
below.
DocuSigned by:
For - C (signature) For PARTICIPANT (signature)
Cheryl Morgan, Deputy Comptroller, GAo
Name and Title
59-3024028
Federal Employer I.D. Number
12/01/2023 i 3:10 PM EST
Date
FDOT Legal. Review:
DocuSigned by:
Glieu Jd34
For Escrow Agent (signature)
ame and ` Title
1Z, ( z 3.
Date
�*716A 5veWits, M Noa
Name and Title
65-0784647
Federal Employer I.D. Number
(I 1 (& /1,07-S
Date F
r
a
'r} OF sup+ �
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
(305)949-3113 Fax
MEMORANDUM
TO: Honorable Mayor and City Commissioners
VIA: Stan Morris, City Manager
FROM: Rick Labinsky, P.E., City Engineer
DATE: November 16, 2023
RE: Local Funding Agreement and a Three Party Escrow Agreement with the
Florida Department of Transportation (FDOT) for Funding of the Atlantic Isle!
Historic Bridge Replacement
RECOMMENDATION:
Staff recommends approval of this Resolution.
REASONS:
The City of Sunny Isles Beach desires to work with the FDOT to replace the Atlantic Isles Histori
Bridge, the FDOT is performing all the work required for this project and is providing 75% of the
funding with the City providing the other 25%. These agreements are required to fund the project and
keep it moving forward. The projected cost for the complete project is $4,093,636.00, the City's share
is $1,023,409.00. The project is expected to go to construction in FY 27/28.
FUNDING SOURCE:
Funds have been appropriated in account no. 300-5-5410-465000-55001.
ATTACHMENTS:
Resolution
Summary Sheet
Local Funds Agreement
Three Party Escrow Agreement
Item Number: 10.1-1
172