Resolution 8591 RESOLUTION NO. 8591
WHEREAS, the City of Miami Beach has engaged in negotia-
tions with the Allegheny Asphalt & Paving Company, Inc . in
reference to the planning, financing and construction of a
causeway across Biscayne Bay located in the area of 36th Street
in Miami, and 41st Street in Miami Beach; and
WHEREAS, Allegheny Asphalt & Paving Company, Inc . has
submitted a proposal in writing to the City of Miami Beach in
reference to the planning, financing and construction of this
causeway, and certain suggestions and changes in said written
proposal have been adopted by Allegheny Asphalt & Paving
Company, Inc . and said proposal, as amended, is now acceptable
to the City Council of the City of Miami Beach,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Miami Beach that the written proposal submitted by the
Allegheny Asphalt & Paving Company, Inc . , a true copy of which
is attached to this Resolution, and is made a part hereof, be
and the same is hereby accepted by the City of Miami Beach.
BE IT FURTHER RESOLVED that the Mayor of Miami Beach and
the City Clerk be and they are hereby authorized and directed to
accept and execute the said proposal for and on behalf of the
City of Miami Beach.
PASSED and ADOPTED this 25th day of November, A. D. 1953.
'
or
ATTEST:
C. W. TOMLINSON, City Clerk
BY: vd / G.
_ GQ414A-L"---
Deputy C y Clerk
To the Mayor and Members of Council
City of Miami Beach
Miami Beach, Florida
Gentlemen:
This proposal, when accepted by the City of Miami Beach,
shall constitute a contract between the City of Miami Beach and the
undersigned, Allegheny Asphalt & Paving Company, Inc. It is our
understanding that the City of Miami Beach has the right and power
to construct a causeway across Biscayne Bay, and to issue Revenue
Bonds pledging only the revenue derived from tolls imposed to pay
the cost of construction. Allegheny Asphalt & Paving Company, Inc.
and the City of Miami Beach undertake the planning, financing and
construction of this causeway, on the following basis:
(1) That we prepare and deliver to the City of Miami Beach,
complete plans and specifications for the Forty-first Street Causeway.
Plans and specifications for such proposed Causeway shall be
prepared in accordance with the Standards of Florida State Road Depart-
ment, and in compliance with the City's requirements, and in consulta-
tion with an Engineer designated to act for City of Miami Beach, whose
authority it shall be to approve the design and specifications and check
the work for satisfactory completion. The undersigned shall be in con-
sultation with the Engineer designated by the City in all major questions
of design and specifications. This shall mean that no preliminary draw-
ings shall be put in final form until the same has been approved by the
City Engineer.
(2) That upon furnishing the City such plans and specifications ,
and approval of same by City's designated Engineer, the City publish
Notice to Bidders requesting sealed bids for construction of a Causeway
at a designated location.
(3) That such Notice require bidders to complete the work
according to plans and specifications above referred to and to set out the
number of days necessary to complete the project.
(4) That all bidders be required to submit bids upon the condition
that they will accept at par, sufficient amount of City of Miami Beach Re-
venue Bonds at an interest rate not to exceed that authorized by law, to pay
the total cost of the project; which total cost shall be stated as a definite
figure, and which total cost shall be the sum total of the following items:
(a) Construction cost of the project according to plans
and specifications and conditions set out and describedin numbered para-
graphs (1) and (2) above.
(b) The cost of furnishing complete plans and specifications,
andall engineering cost and expense, including fees, as well as the fees,
if any, of the designated Consulting Engineer for the City of Miami Beach.
(c) The cost of engineering traffic count survey, not to
exceed $25, 000.00. Such traffic count and survey shall be made by a
nationally recognized firm of engineers, and such data disclosed by such
traffic survey shall be avilable to all persons who propose to bid as here-
in provided. In the event said engineering costs of such traffic survey ex-
ceed the sum of Twenty-five Thousand ($25, 000.00) Dollars, it shall be
considered as and shall become a part of the general expense referred to
in paragraph (1) of this contract. The firm of engineers used for such
traffic survey shall be appointed by the joint consent and agreement of the
City of Miami Beach and the undersigned.
(d) All legal fees incurred in preparation of bond issue, con-
tracts, agreements, etc. , including payment of fees of nationally recogniz-
ed Bond Attorneys and a stated fee for validation proceedings by City
Attorney, not to exceed $50, 000. 00.
(e) Expense and cost of printing, executing and delivering
such revenue bonds, not to exceed $10, 000.00.
(f) Miscellaneous cost expended by City in advertising for
Notice for Bids, court costs, etc. , not to exceed $5, 000.00.
(g) Toll equipment, purchased by the Contractor and approv-
ed by the City of Miami Beach, not to exceed the sum of $20, 000. 00.
(h) Storm and other insurance, as specified inthe General
Conditions of the specifications; The City of Miami Beach to be furnished
a storm insurance policy which policy shall remain in effect twelve (12)
months after the completion of the contract. Insurance premium shall in
no event exceed $40, 000.00.
(i) The Contractor shall include in his bid, the sum of money
provided for interest and operation in the plans and specifications afore-
said, which sum shall be placed in escrow in a Florida bank, approved by
the bond underwriters and. the City of Miami Beach. This fund is to be
used solely for the purpose of paying the interest on the bonds during the
construction of the project and for a term of one (1) year thereafter, and
for paying operating costs of the Causeway for a period of twelve months
after the completion of the contract. Should the cost be less than that so
provided for, the savings shall inure toward the retirement of the bonds.
(j) The Contractor shall include in his bid the additional sum
provided for the acquisition of right-of-way in said plans and specifications,
• which sum shall be placed in escrow in a Florida bank, said bank to be
approved by the bond underwriters and the City of Miami Beach. This
fund is to be used solely for the purchase of property at the Miami Beach
approach to the Causeway and at the Miami approach to the Causeway, or
for any other right-of-ways, and for any damages in connection with the
construction of the Causeway. This fund shall also cover legal fees and
agent's commission.
(k) Should the Allegheny Asphalt & Paving Company, Inc. not
be the successful bidder and the award made to another, then the success-
ful bidder shall pay all of the expenses enumerated in paragraph (1),
but in no event shall this sum exceed an amount equal to three percent
(3%) of the cost of the project. If, upon receipt of bids, the City
of Miami Beach shall decline to make an award, then the City of
Miami Beach shall pay said costs. Should the Allegheny Asphalt &
Paving Company, Inc. fail or refuse to make a bid, and no other bids are
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made, then the expenses enumerated in paragraph (1) shall be borne by
said Allegheny Asphalt & Paving Company, Inc. In the event that the
actual cost of preparation of plans, specifications, engineering cost and
expense as set forth in paragraph (1) above is less than the sum equitra-
lent to three percent (3%) of the cost of construction as evidenced by the
low bid, then the lesser amount shall be paid by the City of Miami Beach.
In the event City of Miami Beach becomes liable for the expenses enumer-
ated in paragraph (1), the amount of said expenses, under no circumstances,
shall exceed the sum of $350, 000.00. All plans, surveys and data of every
nature, character and description, called for under this contract, shall be-
come andbe the property of the City of Miami Beach and shall be open for
inspection, examination and study by prospective bidders, and all informa-
tion and data acquired in connection with the preparation of said plans or
in connection with the surveys referred to, shall be available to all pro-
spective bidders.
( 5) The City of Miami Beach shall provide appropriate right-of-way
as may be required for the construction of the Forty--first Street Cause-
way, and shall include the terminus at Miami Beach and at Miami. Should
condemnation proceedings become necessary, such proceedings shall be-
come the responsibility of the City of Miami Beach. If the City of Miami
Beach is unable to procure right-of-way across Biscayne Bay, then this
contract shall be void, and in such event, the City of Miami Beach shall
not be liable or obligated for any expenditures which may have been made
by the undersigned. In the event a court of competent jurisdiction finally
determines that the City of Miami Beach does not possess the charter power
to enter into this contract, then the City shall not be liable for any sums
whatsoever hereunder.
(6) Tolls shall be imposed upon all persons and vehicles using
said bridge, such rates to be in such amount as are necessary to pay the
cost of operating, pay interest, and to amortize such Revenue Bonds, and
to be approved by National Bond Counsel and the City of Miami Beach. The
City will agree to enforce the collection of such tolls, and to enact proper
traffic regulations for such purpose. The City will agree not to pass or
enforce any traffic regulation detrimental to the successful operation of
the said toll bridge.
(7) The bonds shall have all the necessary characteristics, re-
quirements, and conditions of Revenue Bonds, and shall be payable solely
out of the net revenues of the Causeway, after deduction from gross re-
venues of reasonable expenses of operation and maintenance. The bonds
shall mature at dates satisfactory to both parties over a period of not
more than 40 years. Details as to the maturity of the bonds, the contents
of the bond resolution, the safeguards for interest and sinking fund and
other features shall be specified and approved by bond counsel, and shall
be satisfactory to bond counsel and to the investment bankers handling
such funds for the successful bidder. Terms and conditions of the bonds
shall be clearly set forth in the contractorrs Proposal at the time the
bids are submitted. Said bond resolution may include a provision for
additional financing by the issuance of additional bonds for further improve-
ments, provided the said additional financing is determined to be economic-
ally sound.
(8) Any and all proceedings to produce a valid and proper Cause-
way Revenue Bond, satisfactory to approving Bond Counsel, shall be furn-
ished and complied with by City of Miami Beach, and all steps taken to
properly safeguard the project and the moneys collected as revenue.
(9) The successful bidder shall be required to furnish a 100%
construction bond for full and faithful completion of the contract.
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(10) The contracts shall contain conditions to the effect that
no new toll free bridge will be erected across Biscayne Bay betw� n,/
•
the Seventy-ninth Street Causeway and the Venetian Causeway, "uu sgy '"
simultaneously these bonds are called for redemption, or satisfactory
pledge in lieu of tolls made and provided. However, it is clearly
understood that this restriction shall not apply to the construction
by the City of Miami Beach of a cut-off bridge or causeway which
runs from somewhere in the vicinity of Sixty-third Street and connects
either to Normandy Isle or Treasure Isle. The City expressly reserves
the right to construct said cut-off.
Respectfully submitted,
ALLEGHENY ASPHALT & PAVING
COMPANY, INC.
By:
M. H. Pari sh,P re sident
The foregoing Proposal accepted
and confirmed at Miami Beach,
Florida, this day of November,
A. D. 1953.
In accordance with Resolution No.
dated , copy of which
is attached.
CITY OF MIAMI BEACH
By:
Mayor
Attest:
City Clerk.
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