Resolution 12388 RESOLUTION NO. 12388
WHEREAS , THE Florida State Road Department has indicated
that it will advertise soon for bids on the construction of a new
bascule bridge at the west end of the 79th Street Causeway over
the Intracoastal Waterway (Bridge No. 82) and,
WHEREAS, the City of Miami Beach has two twenty inch water
mains over the existing bridge and desires to install a thirty-six
inch water main over the new span, to replace the two existing
twenty inch mains, and
WHEREAS, in order to obtain the permission of the State
Road Department for the installation of said new thirty-six inch
water main, it is necessary to deliver to the State Road Department
a resolution by this City Council informing said State Road Depart-
ment that the City Council of the City of Miami Beach desires to
enter into an agreement with the State Road Department whereby the
City of Miami Beach will be contractually bound to expend approxi-
mately $27, 380. 00 for the State Road Department to provide accomo-
dation on the new bridge for the said thirty-six inch water main;
representing engineering costs of $9, 190. 63 and by additional
bridge construction costs estimated to be approximately $ 18, 189.00,
all set forth in a letter from Kunde & Associates to the State Road
Department.
NOW THEREFORE BE IT DULY RESOLVED BY THE CITY COUNCIL OF
THE CITY OF MIAMI BEACH, FLORIDA that the State Road Department be
and it is hereby formally advised that the City of Miami Beach will
make the funds hereinabove specified available to the State Road
Department, for the purposes aforesaid, and that the City Council
will enter into a formal agreement accordingly with the State Road
Department upon the preparation and submission of the same, and
BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF
MIAMI BEACH, FLORIDA that the said funds will be available to the
State Road Department prior to its advertising for construction bids
and that the State Road Department be and it is hereby formally
requested to cause construction plans to be revised to indicate the
proposed construction and location of said thirty-six inch water
main on said proposed new 79th Street bascule bridge (Bridge No. 82) -
PASSED and ADOPTED this 20th day of March, 1968.
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ATTEST:
City Clerk and Finance Director
OFFICE OF CITY ATTORNEY-1130 WASHINGTON AVENUE-MIAMI BEACH, FLORIDA 33139
FORM 539 C
DATE June 20, 1968 OFFICE COMMUNICATION
FROM P. A. Pacyna, Assistant Attorney FLORIDA STATE ROAD DEPARTMENT
TO Mr. Wade Noda, Comptroller
COPIES TO Mr. P. W. Ekey Mr. Michael O. O'Neil
Mr. Horton Buchan Mr. Arnold Ramos
Mr. T. Alberdi 4—Qtly of Miami Beach
SUBJECT Memorandum of Agreement - State Job No. 87080-1505,
Dade County
We are enclosing four copies of an Agreement between
the Department and the City of Miami Beach relative
to the above project.
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Enclosures
r
COPY
MEMORANDUM OF AGREEMENT
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,
THIS AGREEMENT, made and entered into this /7 day of
I,--Y� '" , 1968, by and between the STATE ROAD DEPARTMENT
OF FLORIDA, a component agency of the State of Florida, hereinafter
called the Department, and the CITY OF MIAMI BEACH, a political
subdivision of the State of Florida, hereinafter called the City;
WITNESSET H:
WHEREAS, the Department is presently engaged in the prepara-
tion of plans for the construction of a bridge and its approaches on
State Job No. 87080-1505, SR-828 (N. W. 79th Street) , over the
. Intracoastal Waterway, Dade County, Florida; and
WHEREAS, preliminary plans indicated existing 20 inch
water mains of the City would not be installed on the bridge structure
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aforementioned; and
WHEREAS, the City and the Department have agreed and con-
sented to installation of a 36 inch water main of the City being
located on and upon the aforementioned bridge structure; and
WHEREAS, the Department is agreeable to a revision of the
plans so as to accomodate the installation and support of said 36
inch water main as an integral part of the structure, with actual 1
installation of the water main on structural components provided by
the Department being performed by the City or its agency; and
WHEREAS, the City, by resolution dated March 20, 1968,
which is attached hereto and made a part hereof, has indicated its
willingness to participate in this revision to the extent of a lump
sum payment to the Department for increased costs in the bridge
i
• structure to accommodate the said water main;
NOW, THEREFORE, in consideration of the mutual covenants
to flow from each to the other, the parties hereto agree as follows:
THE DEPARTMENT AGREES:
1. To revise its plans for the structure aforementioned
so as to accommodate provisions for the installation and support of
that certain 36 inch water main owned by the City to be located on
State Job No. 87080-1505, SR-828 (N.W. 79th Street) , over the
Intracoastal Waterway, Dade County, Florida, on and upon the bridge
structure, and will, in accordance with said revised plans and
specifications, construct said bridge aforementioned so as to include
as a part thereof structural components for support of said 36 inch
water main of the City.
2. To provide a reasonab1 opportunity for the City to
review the plans and to discuss said plans with the City prior to
• the preparation of the final plans.
After a mutual acceptance for the design of structural
components for supporting the said 36 inch water main, the structure
will be built according to the agreed upon design, and the City will
be given adequate notice to install the said 36 inch water main on
and upon the structure.
THE CITY AGREES:
1. That it has examined the bridge plans referred to herein
and, in particular, the method designed for the installation and
support of the 36 inch water main aforementioned, and find the said
design satisfactory. •
• 2. To pay, in advance, to the Department, prior to
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advertisement for bids, the sum of $27, 380- as the approximate
increase_ in cost of the structure, including engineering, said sum
to be deposited with the Comptroller of the Department. The final
cost to the City will be based on final plans and quantities and
contract bid prices, and final payment shall be made by the City to
the Department within 60 days after completion and acceptance of the
bridge construction by the Department, less the advance payment. In
the event the final cost to the City is less than the advance •
payment made by the City, the Department will refund the excess
payment within 60 days after completion and acceptance of the bridge
construction by the Department.
3. To provide at its expense, regular maintenance service
of the 36 inch water main and supports, including painting and
repairing .anchors, brackets, hangers/ or such other appurtenances
customarily- requiring such maintenance, and agrees that any damage
sustained by the bridge due to such maintenance work shall be
repaired by it at its expense. It further agrees that all maintenance
work shall be accomplished at hours of nonpeak traffic flow, such
hours to be approved by the Department, and that it will notify the
Department at least 48 hours in advance of the commencement of such
maintenance work or repairs whenever possible.
4. To maintain and repair said aforementioned main and
supports including appurtenances, on a perpetual basis with the
further understanding that the Department, during construction and
prior to acceptance of the bridge structure, shall have the right to
enter into the utility area at any time as may be required with or
without a representative of the City being present, and subsequent
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to the acceptance by the Department for perpetual maintenance of
said bridge structure, covenants and agrees to allow the Department
to enter into the utility area of the bridge structure at any time
as may be required for the performance of bridge maintenance work
with or without a representative of the City being present.
5. To indemnify, defend, and save harmless the Department
from any liability, including its own, for damages to property or
injuries, including accidental death from whatever cause in con-
nection with this Agreement, including construction or future main-
tenance; to pay the cost of investigation of any claims; to investi-
gate said claims; to pay the cost of the defense of any action
against the State; to defend said actions against the State, including
each and every stage of the litigation; to pay attorney 's fees, and
to provide counsel and to pay whatever costs which are involved in
connection with claims or litigation, said payments to be made for
all of the aforementioned to the Department upon demand by each, either
or both as their interests appear in any such claim or litigation.
6. To cooperate fully with the bridge construction con-
tractor, or other utility corporations, to avoid undue delays or con-
fusion while construction work is in progress, and throughout the
term of this Agreement.
7. To complete all installation or construction work
included in its part of this Agreement within thirty (30) calendar
days after completion of the bridge construction and acceptance by
the Department. A reasonable extension of time may be granted by
the Department in the event there is a delay due to any action on
the part of the Department.
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8. To relocate or adjust its facilities to the satisfaction
and at no cost to the Department, if required, in the event it
becomes necessary for the Department to reconstruct or widen the
bridge at the same site after acceptance by the Department for per-
petual maintenance.
9. That the provisions designed for the installation and
support of -its facilities on the bridge are based on information
furnished by the City relative to the anticipated maximum size of
facility it plans to install, and that no adjustments or extensions
to the aforesaid provisions will be made to accomodate larger facilities
at a later date.
All services performed under this Agreement shall be to the
satisfaction of the Department' s State Highway Engineer and he shall
decide all questions, difficulties and disputes of any nature what-
. soever that may arise under or by reason of this Agreement, the
prosecution and fulfillment of the services hereunder and the character,
quality, amount and value therof; and his decision upon all claims,
questions and disputes shall be final and conclusive upon the parties
hereto. Adjustment of compensation and contract time because of
any major changes in the work that might become necessary or desir-
able as the work progresses shall be left to the absolute discretion
of the Department' s State Highway Engineer, and supplemental agree-
ment of such nature as required shall be entered into by the parties
in accordance herewith.
IN WITNESS WHEREOF, the parties hereto have caused these
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presents to .be executed, the day and year first above written.
WITNESSES: STATE ROAD '.a'A MENT OF FLO' 'A
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CITY% MIAMI BEACH, FLORIDA
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As to the City t-' Clerk
APPROVED BY ROAD BOARD s.
APPROVED AS Ti ,•M, LEGALITY AND EXLCUT UN
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BY;
ASSI ANT ATTORNEY
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