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83-17272 FORM 722-62 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 1-80 DIVISION OF ROAD OPERATIONS PAGE I OF I CITY RESOLUTION UTILITY ADJUSTMENT COUNTY SECTION UTILITY JOB NO. STATE ROAD NO. COUNTY NAME PARCEL&R/W JOB NO. 87 060 6540 A-1-A Dade 1 (R/W N/A A RESOLUTION REGARDING UTILITY JOINT PROJECT AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION; AUTHORIZING THE EXECUTION OF SUCH AGREEMENTS; AND AUTHORIZING THE PLACING OF FUNDS WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE COMPLETION OF THE UTILITY MODIFICATION. RESOLUTION NO. 83-17272 WHEREAS, the State of Florida Department of Transportation is constructing, reconstructing or otherwise changing a portion of the State Highway System, between 44 Street and 59 Street , which shall call for the adjustment, change or relocation of City sanitary sewer and water facilities over and/or under said highway, AND WHEREAS, the City has heretofore authorized that plans and specifications be prepared for such adjustment of said City facilities over and/or under said highway, AND WHEREAS, the plans and specifications will be made a part of the Department's highway construction contract, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH , FLORIDA: That the City of Mi ami Beach enter into a JOINT PROJECT AGREEMENT with the State of Florida Department of Transportation for construction modifications by the Department designated as Utility Job 6540 , Section 87060 , Parcel 1 , R/W Job N/A and that the City assume all costs incurred in the respective utility modifications, which costs are estimated to be $ 49,7m-On ; and, That the Mayor and City Clerk be authorized to enter into such agreements with the State of Florida Department of Transportation for the construction modifications of said City facilities, and, That the estimated costs of such utility work as set forth above be paid in advance to the State of Florida Department of Transportation in accordance with such utility construction modification agreement. INTRODUCED AND PASSED by the City Commission of the City of Miami Beach Florida, in regular session, this 16th day of ebruary , 19 83. Mayor- ATTES (.fi.,.G City Ault&&it Clerk 130A"st`�''lrtrtws� • eetet 1/4am e FLORIDA 3 3 1 3 9 (1F . "VACAT/UNLAND U. S. A. - 14c OFFICE OFFICE OF THE CITY MANAGER CITY HALL ROB W.PARKINS 1700 CONVENTION CENTER DRIVE CITY MANAGER TELEPHONE: 673-7010 COMMISSION MEMORANDUM NO. /11 " } DATE:February 16, 1983 TO: Mayor Norman Ciment a d Members of theCity Co mi, ion s :. FROM: Rob W. Parkns ,�'► City Manager gat SUBJECT: UTILITY AGREEMENTS FOR RESURFACING COLLINS AVENUE (STATE ROAD A-1-A) FROM 44TH STREET TO 59TH STREET The Florida Department of Transportation will resurface Collins Avenue (A- 1-A), from 44th to 59th Streets at the end of 1983. The City of Miami Beach has many sanitary sewer manholes and water valve boxes that will have to be adjusted to the grade of the new construction. The Department of Transportation will include the raising of these appurtenances; however, the City of Miami Beach is required to pay the cost. A joint project agreement for installation of utilities by the Highway contractor must be entered into between the Department of Transportation and the City. It is estimated that the cost for adjusting the sanitary sewer appurtenances would be $19,200 and the water valve boxes would be $30,000. Funds for this purpose will be provided from the Sanitary Sewer and Water Replacement Funds. ADMINISTRATION RECOMMENDATION The Administration recommends that the Commission adopt the attached resolution authorizing execution of the agreement between the Department of Transportation and the City of Miami Beach for the adjustment of utilities in conjunction with the above project. RW P:FA:mb AGENDA R-1- A I ITEM DATE — ) b-0 3 CITY OF MIAMI BEACH TO: DATE: FROM: r SUBJECT: = : _� ? Enclosed are ': copies of the above-noted agreement, together with a copy of the authorizing Res. No. ' .-. 41 which have been executed by the City. Please forward all copies to the appropriate official at (>~ for signature, with the request that the blue-backed copy be returned to the attention of Evelyn Leventhal in this office. Would you also please copy her on your letter of transmittal. She will subsequently forward a fully executed set to you for your files. Thank you. /2 March 4, 1983 Mr. Lee C. Spitzkopf III District Utility Engineer Florida Dept. of Transportation 401 N.W. 2nd Avenue, Suite 520 Miami, Florida 33128 Re: W.P.I. NUMBER 6113351 State Project Number: 87060-6540 State Road A-1-A County:Dade, Resurfacing A-1-A from 44th Street to 59th Street Dear Mr. Spitzkopf: Enclosed are three executed copies of Utility Joint Project Agreement together with a copy of the authorizing Resolution No. S3-17272, After the agreements have been signed will you please return the blue-backed copy to the attention of Mrs. Evelyn Leventhal in the City Clerk's office. / Very traly yours, ti FrankitAyrnonin, PAL Director of Public Forks FA:mb enc. cc: Evelyn Leventhal/ FORM 722-23A STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 3O DIVISION OF ROAD OPERATIONS PAGE I OF a JOINT PROJECT AGREEMENT UTILITY INSTALLATION BY HIGHWAY CONTRACTOR (Municipal) COUNTY SECTION UTILITY JOB NO. STATE ROAD NO. COUNTY NAME PARCEL&R/W JOB NO. 87 060 6540 A-1-A DADE 1 R/W N/A THIS AGREEMENT, made and entered into this 16th day of February 19 83— , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the DEPARTMENT, and the CITY OF Miami Beach , a municipal corporation,hereinafter referred to as the CITY. WITNESSETH: WHEREAS, the DEPARTMENT is constructing, reconstructing or otherwise changing a portion of the State Highway System designated by the DEPARTMENT as Job No. 3540 , Road No. A-1-A between 44 Street and 59 Street , which shall call for the adjustment, relocation and/or installation of CITY Sanitary Sewer &Waterfacilities along, over and/or under said highway, AND WHEREAS, the plans for the said construction, reconstruction or other changes to be made, as above described, have been reviewed by the DEPARTMENT and the CITY, said above described utility relocation to hereinafter be designated as "Utility Work," AND WHEREAS, the term "cost of Utility Work" shall include the entire amount paid by the CITY properly attributable to such work after deducting therefrom any increase in the value of the new facility and any salvage value of materials recovered from the old facility, AND WHEREAS, the CITY has expressed its desire to assume all costs incurred by this "Utility Work" and has requested the DEPARTMENT to include in said Job certain plans and specifications to meet the CITY'S needs, AND WHEREAS, the DEPARTMENT and the CITY have determined that it would be to the best interest of the general public and to the economic advantage of both parties to enter into a JOINT PROJECT providing for such work, NOW, THEREFORE, the premises considered, and in consideration of the sum of One Dollar each to the other in hand paid, the receipt whereof is hereby acknowledged, and in further consideration of the mutual covenants hereinafter contained,it is agreed by the parties as follows: • FORM 722-23A PAGE 2 OF,4 • 1. The DEPARTMENT and the CITY shall participate in a JOINT PROJECT, the scope of which will cover only CITY utility facilities within the limits of the project as included in the plans and estimate of the highway contract, more specifically described as Adjustment of sanitary sewer manholes and water valve boxes 2. The CITY will prepare, at its expense, the design and plans for all of the CITY'S necessary "Utility Work" specified above, and will furnish to the DEPARTMENT no later than N/A , 19 R1 , complete original plans on standard size sheets (22" x 36"), all suitable for reproduction by the DEPARTMENT, together with a complete set of specifications covering all construction requirements for the "Utility Work." Final "Utility Work" plans shall be complete in every detail and will include a "Summary of Quantities" sheet. It will be the responsibility of the CITY to coordinate the development of the "Utility Work" plans with the DEPARTMENT'S highway job plans. The DEPARTMENT, upon request by the CITY, will furnish all available highway information required by the CITY for the development of the "Utility Work" plans; and the DEPARTMENT shall cooperate fully with the CITY to this end. 3. All of the work on the JOINT PROJECT is to be done according to the plans and specifications of the DEPARTMENT which plans and specifications are,by reference hereto, made a part hereof. The CITY will be responsible for verifying the accuracy of the DEPARTMENT'S underground survey information, and will also be responsible for any changes to the CITY'S plans made necessary by errors or omissions in the DEPARTMENT'S survey information as furnished to the CITY. All errors, omissions, or changes in the design of the CITY'S "Utility Work" will be the sole responsibility of the CITY. In any conflict between CITY and DEPARTMENT specifications, the DEPARTMENT'S specifications will govern. 4. The CITY, on request and at its expense, will furnish all engineering inspection, testing and supervision of the "Utility Work," and will also furnish the DEPARTMENT'S ENGINEER with progress reports for diary records, approved quantities and amounts for weekly, monthly and final estimates. All field survey control for the "Utility Work" will be furnished by the CITY under the supervision of the DEPARTMENT'S ENGINEER. The coordination of the CITY'S "Utility Work" with that of the highway contractor and other utilities and/or their contractors will be the responsibility of the DEPARTMENT, and the CITY shall cooperate fully in this matter. All information required for Change Orders or Supplemental Agreements pertaining to the CITY'S "Utility Work" shall be promptly furnished to the DEPARTMENT by the CITY upon the request of the DEPARTMENT. 5. The DEPARTMENT will provide the necessary engineering supervision to assure construction is in compliance with the plans and specifications hereinabove referred to, and shall receive all bids for and let all contracts for said "Utility Work," all at the sole expense of the CITY. All bids for said "Utility Work" shall be taken into consideration in the award of bid on the Highway Job and the CITY shall have the right to reject any or all bids on the "Utility Work" if said bids greatly exceed the CITY'S estimated cost. In the event of rejection of bids for the "Utility Work," the highway contract documents will be so amended prior to award and the CITY will, at its expense, FORM 722-23A(BOND) 7-74 PAGE 3 OF 4 arrange for the prompt construction of the "Utility Work"so as to cause no delay to the prosecution of the highway work by the DEPARTMENT'S contractor. 6. All adjustment, relocations, repairs and incidentals required to be performed to the existing CITY utilities within this project, not included in this contract, will be the sole responsibility of the CITY. All such work is to be coordinated with the construction of this project and in a manner that will not cause delay to the highway contractor. 7. All services and work under the construction contract shall be performed to the satisfaction of the DEPARTMENT'S Director, Division of Road Operations, and he shall decide all questions, difficulties and disputes of whatever nature, which may arise under or by reason of such contract for "Utility Work"; the prosecution and fulfillment of the services thereunder, and the character, quality, amount and value thereof; and his decision upon all claims, questions and disputes thereunder shall be final and conclusive upon the parties hereto. 8. The CITY agrees that it will, upon execution of this Agreement, become irrevocably bound to pay the DEPARTMENT the sums due as its share of the Utility Work called for in this Agreement, which is estimated at $ 49,200.00 , and which will be invoiced by the DEPARTMENT to the CITY upon receipt of the first monthly estimate from the highway contractor that includes as a pay item any Utility Work called for in this Agreement. Said invoice will be sent by Registered Mail and shall become due within thirty (30) days after receipt, and past due thereafter. Any sums unpaid after 30 days from receipt of invoice shall be with interest at 6% per annum for any time past due until receipt by the DEPARTMENT. Any amount billed under this paragraph shall be subject to final billing specified under paragraph 11. 9. Upon completion and acceptance of the work, the CITY shall own, control, maintain, and be responsible for all CITY utility facilities involved, according to the terms of the standard permit required by the State Statutes for occupancy of public rights of way. The CITY further agrees that it will maintain and keep in repair, or cause to be maintained and kept in repair, all of such constructed facilities or utilities within the right of way of said State Road, to comply with all provisions of law and of the DEPARTMENT'S manual with amendments and specifications for traffic control routing and parking and to conform with the regulations of the DEPARTMENT pertaining thereto. 10. The CITY shall defend, save and hold harmless the DEPARTMENT from any and all legal actions, claims or demands by any person or legal entity against the DEPARTMENT arising out of the participation in this Agreement by the CITY or use by the CITY of the completed "Utility Work." 11. Upon completion of the work, the DEPARTMENT shall, at the earliest date practicable, furnish the CITY with two (2) copies of its final and complete billing of all cost incurred in connection with the work performed hereunder, such statement to follow as closely as possible the order of the items contained in the job estimate. The final billing shall show the description and site of the project; the date on which the first work was performed; the date on which the earliest item of billed expense was incurred; the date on which the last work was performed or the last item of billed expense was incurred; and the location where the records and accounts bill can be audited. Adequate FORM 722-24A PAGE 4 OF 4 , • "VAw. , • ♦ .r reference shall be made in the billing to the DEPARTMENT'S records, accounts or other rcicvaul documents. All cost records and accounts shall he subject to audit by a representative of the CITY. Upon receipt of invoices prepared in accordance with the provision of DEPARTMENT Procedure No. 132-046 "Reimbursement for Utility and Railroad Relocation," dated October 1, 1973, the CITY agrees to reimburse the DEPARTMENT in the amount of such actual cost. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be duly executed, the day and year first above written. STATE OF FLORIDA WIT ,SSES: DEPARTMENT OF TRANSPORTATION BY: Director of Administration ATTEST: (SEAL) A • the DEPARTMENT Executive Secretary CITY OF MIAMI BEACH, , FLORIDA BY: (Title Mayor ATTEST: (SEAL) As to C City Clerk Approved as to Form, Legality and Execution _ n� STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ( .J i ;-_ %'• ' ' `i�t' `" } rr r-' 1_ '•, : D i. t'. 1 . B Y: �yy� Assistant Attorney ( . �/�1•___