A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING THE ALLOCATION OF ADDITIONAL DESIGN FEES, IN THE TOTAL AMOUNT OF $1,353,304.88, PURSUANT TO THE FDOT CONSULTANT AGREEMENT, DATED FEBRUARY 24, 2017, BETWEEN THE CITY AND THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT), FOR THE RELOCATION AND UPGRADE OF THE CITY-OWNED UTILITY FACILITIES LOCATED ALONG FDOT'S STATE ROAD 907/ALTON ROAD, FROM 43RD STREET TO 63RD STREET (FM# ID 430444-1-56-01), AS PART OF THE RECONSTRUCTION OF THE FDOT ALTON ROAD PROJECT; SAID ALLOCATION INCREASING THE TOTAL AMOUNT OF ESTIMATED DESIGN FEES UNDER THE AGREEMENT TO $1,740,076.05 WITH PREVIOUSLY APPROVED FUNDING.

The Administration recommends that the Mayor and City Commission approve the proposed allocation of additional design fees, in the amount of $1,353,304.88 to the scope of work of the Agreement, to complete the design of the relocation and upgrades of the City-owned utilities along Alton Road, from 43rd Street to 63rd Street, as part of the reconstruction of the FDOT Alton Road Project.

In recent years, the Florida Department of Transportation (FDOT) has been working on the design and programming for the construction improvements on Alton Road/SR 907, from Edward Sullivan Drive/43^rd Street to 63^rd Street ("Project").

FDOT has reached 60% design completion, with the anticipated construction scheduled to begin in November 2025.  The Project will include elevating the road, drainage improvements including storm water pump stations, intersection improvements, bicycle lanes, sidewalk and curb ramps, pedestrian ramps, signage, pavement markings, lighting, signalization and landscaping.

On February 24, 2017, the City and FDOT executed a Utility Design Agreement (“Agreement”) to design the relocation of the existing water mains impacted by the proposed Project, in the amount $386,771.17. 

Since the execution of the Agreement, FDOT has made significant changes in the design of the roadway improvements.  In addition, the City determined that the sewer system along the project limits is old and substandard and decided to replace it as part of the FDOT Project.  Due to the significant changes to the roadway improvements and the replacement of the existing sewer system, an additional design fee is required.  

After weeks of extensive negotiations between City staff and FDOT's design consultants, the parties have reached a fair and reasonable scope and fee for the additional effort in the amount of $1,353,304.88 for a total design fee of $1,740,076.05 ($386,771.17 + $1,353,304.88) to complete the design of the City-owned utilities along the Alton Road Project, between 43^rd Street and 63^rd Street, and as described in detail in the updated scope of work, a copy of which is attached to the City Commission memorandum accompanying this Resolution as exhibit 2.

A separate but similar Resolution is being presented to the City Commission to include the additional design fees for the segment along Alton Road between Michigan Avenue and 43^rd Street.

If the updated scope of work is approved by the City Commission, the City will deposit the additional design fee to FDOT and FDOT will issue a supplemental agreement to the FDOT consultant performing the utility design.  After discussion with FDOT, an amendment to the Agreement is not required as a result of the additional work and fee.

FDOT requires that in the event that additional work is required to complete the utility design, the City has to make an additional deposit in the amount necessary for FDOT to issue a supplemental agreement to the FDOT Consultant for the additional work.

The additional work to complete the design of the City-Owned utility includes 1) the redesign of the water system due to major changes in the roadway design and 2) the additional scope to design the replacement of the sewer system as described in detail in the scope of work, a copy of which is attached hereto as exhibit 2.

The existing agreement stipulates that the engineering consultant designing the Project for FDOT will be responsible for the design of the city-Owned utilities, including relocation and upgrades to be constructed as part of the Project. The design fees shall be funded by the City of Miami Beach.  The FDOT consultant shall be responsible for the design of all utility work, including location (vertically and horizontally, protection, relocation, installation, adjustment or removal of utilities owned by the City of Miami Beach that are affected by the Project.

$1,353,304.88 to be funded from the City's FDOT Utilities Relocation, Project Number 20527.