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RESOLUTION 89-19518 RESOLUTION 89-19518 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH , FLORIDA AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A JOINT PROJECT AGREEMENT BETWEEN THE FLORIDA DEPARTMENT OF TRANSPORTATION AND THE CITY OF MIAMI BEACH FOR ADJUSTMENT OF UTILITY STRUCTURES - RESURFACING OF THE 79 STREET CAUSEWAY FROM BAYSHORE COURT TO RUE VERSAILLES, HN-429 WHEREAS, the Florida Department of Transportation will resurface the 79 Street Causeway from Bayshore Court to Rue Versailles in the spring of 1989; and WHEREAS, the City of Miami Beach has fifty-eight sanitary sewer manholes and water valve structures to be adjusted to the grade of the new asphalt; and WHEREAS, the Department of Transportation will include the raising of these structures in their contract; and WHEREAS, the City of Miami Beach is required to pay the cost of these adjustments estimated at $17,400.00; and NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and the City Clerk are hereby authorized to execute a Joint Project Agreement between the City of Miami Beach and the State of Florida Department of Transportation to authorize payment for adjustment of the City's utility structures by the asphalt highway contractor. PASSED and ADOPTED THIS 1st day of February , 1989. MAY,/ Attest: FORM APPROVED LEGAL DEPT. 52..zge,4„1/4) CITY CLERK Date 4a eeq (4zm I ead _p,.'`,-=F,� FLORIDA 3 3 1 3 9 ,* "'�°"* aAnD #;"t,i ..V A CA TIO NL A N1) U. S. A. " ''.7e6----/26:\cl-s OFFICE OF THE CITY MANAGER CITY HALL ROB W.PARKINS 1700 CONVENTION CENTER DRIVE CITY MANAGER TELEPHONE: 673-7010 `%' COMMISSION MEMORANDUM NO. �,L — DATE: February 1, 1989 TO: Mayor Alex Daou• . • Members oft • ity Com ssi. , ,,. -- FROM: Rob W. Parki's //►i4; City Manager 9er 7� SUBJECT: JOINT PROJEC AGREEMENT BETWEEN THE FLORIDA DEPARTMENT OF TRANSPORTATION AND THE CITY OF MIAMI BEACH FOR ADJUSTMENT OF UTILITY STRUCTURES - RESURFACING OF 79 STREET FROM BAYSHORE COURT TO RUE VERSAILLES, HN -429 The Florida Department of Transportation will resurface 79 Street from Bayshore Court to Rue Versailles in the spring of 1989. The City has 58 water valve and manhole structures to be adjusted to the grade of the new construction. The Department of Transportation will include the raising of these appurtenances, however, the City is required to pay the cost. A Joint Project Agreement for adjustment of utility structures by the asphalt highway contractor must be entered into between the Florida Department of Transportation and the City of Miami Beach. ADMINISTRATION RECOMMENDATION: The Administration recommends that the Commission approve execution of the Agreement between the Florida Department of Transportation and the City of Miami Beach for the adjustment of utilities in conjunction with the above project. The estimated cost for adjusting valve and manhole structures will be $17,400.00, and funds for this purpose will be provided from the Sanitary Sewer and Water Replacement Fund. RWP/RLR/JA/DR/b Attachment FUNDING APPROVED / a, ' , _-A r)u anag •nt and Budget 10 1 AGENDA ___ _ g ITEM DATE 2- — 'S FORM 7131-13A 1/12 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PAG[ OF 4 DIVISION OF PRECONSTRUCTIO-N a DESIGN JOINT PROJECT AGREEMENT UTILITY INSTALLATION BY HIGHWAY CONTRACTOR (Municipal) COUNTY SECTION UTILITY B NO. STATE ROAD NO. COUNTY NAME PARCEL a R/W JOB NO. 87 080 3530 8278 DADE 1 R/W N/A THIS AGREEMENT, made and entered into this 3rd day of February , 198 9 , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the DEPARTMENT, and the CITY OF 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. 87080-353Q Road No. 828 between Bayshore Court and Rue Versailles , which shall call for the adjustment, relocation and/or installation of CITY Miami Beach facilities 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: aRM 7;3 .3A Or 4 •i 1. The DEPARTMENT and the CITY shallP a ate artici inP p JOINT PROJECT, the scope of which will cover only CITY utility facilities within the limits of thero'ec p � t as included in the plans and estimate of the highway contract, more specifically described as Adjustment of sanitary sewer manholes and valve boxes. 2. The CITY will prepare,at its expense, the design andplans for all of CITY'S the CITY S necessary "Utility Work" specified above, and will furnish to the DEPARTMENT no later than N/A , 198-___ , complete originalplans on standard size sheets (22" " . x 36 ), all suitable for reproduction by the DEPARTMENT, together with a complete g set of covering all construction requirements for the "Utility Work." Final "Utility Work" plans shall be complete in every detail and will include a "SummaryofQuantities"sheet. responsibility It will be the of the CITY to coordinate the development of the "Utility p Work" plans with the DEPARTMENT'S highway job plans. The DEPARTMENT, upon request bythe CITY, will furnish • information q all available highway information required by the CITY for the development of the "UtilityWork" P 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 whichlans and specifications are, P Pby reference hereto, made a part hereof. The CITY will be responsible for verifying Y g the accuracy of the DEPARTMENT'S underground survey information, and will also be responsible for any y changes to the CITY'S plans made necessary by errors or omissions in the DEPARTMENT'S surveyinformation n formation as furnished to the CITY. All errors, omissions, or changes in the "Utility design of the CITY'S "U ' ' Work" ig will be the sole responsibility of the CITY. In any conflict between CITY and DEPARTMENT the DEPARTMENT'S specifications will govern. 4. The CITY, on request and at its expense, � ' q will furnish all engineering inspection, testing and supervision of the "UtilityWork," 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 lie furnished } By the CITY under the supervision of the DEPARTMENT'S ENGINEER. The coordination of t "Utility " he CITY'S 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 ng to the CITY'S "Utility Work" shall be promptly furnished to the DEPARTMENT by the CITY upon the request of the DEPARTMENT. S. The DEPARTMENT will provide the necessaryengineering en g ring supervision to assure construction is in compliance with the plans and specifications hereinabove Bove 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" • � Utility 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 %%Till be so amendedrior to award rd acid the CITE will, at its expense, F"QittA 1111-13A. lila MARK a OF.4 arrange for the prompt construction of the "UtilityWork"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 1 q�rired to be performed to the existing CITY utilities within this not iri�•I�rcic.�d•iri this contract, will project. be the sole responsibility of the CITY. All such work is to be coordinated with the construction will , • o» of t this project and in a manner that 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 Division of Construction, , and he shall decide all questions, difficulties and disputes of whatever nature, whicharise may under or by reason of such contract for "Utility Work"; the prosecution and fulfillment ofservices the services thereunder, and the character, quality, amount and value thereof• and his decision upon all claims, uestions and disputes conclusive q p tes thereunder shall be final and conc upon the parties hereto.. 8. The CITl' agrees that it will, upon the executionthis of this agreement furnish to the DEPARTMENT as a deposit for the estimateda • • p yment of said utility Work" in the amount of S - 0 - . That the DEPARTMENT may utilize said deposit for the payment of said "Utility `Murk"; and the parties hereto further agree that tin the event that final billing pursuant to the terms of Paragraph 11 is less than said deposit, a refund of any� excess over and above said final billing will be made by the DEPARTMENT to the CITY•and that h t in the event said final billingis greater than said deposit, said final billingwill bepaid by the CITY pursuant to Paragraph 11 hereof. 9. Upon completion and acceptance of the work,, the CITY shall own, control maintain and be responsible for all CITY utility facilties iilvoly ' ed, according to the terms of the standard permit required by the State Statutes for occupancy ofpublicrights of way.The CITY further agrees that it will maintain and keep in repair, or cause to be maintainedg and kept in repair, all of such constructed facilities or utilities within the right of way of said State to Road, to comps}' with all provisions of law and of the DEPARTMENT'S manual with aar.P;idmciits and specifications ois for traffic control routing and parking and to coliform lvitii the reQliiatioris of the DEPARTMENT T pertairiirio thereto. 10., The CITY shall defend, save and hold harmless the DEPARTIIEiT from anyand all legal actions, claims or demands by anyperson legalentity • or against the DEPARTMENT arisingout of the participation in this Agreement by the CITY } or use by the CITY of the completed �'urk " P to the extent allowable by Section 768.20 Florida Statutes, however, indemnification is limited to and shall not exceed the contractsaid $ 17,400.0 or 2 ,000 hick_ever is les amount of 11 Q1 on completion S• • p p tion of the work, the D EPAR • TMENT shall, within one hundred eighty days furnish the CITY with two � � (2) copies of its final and complete billingofall connection with the work cost incurred in performed hereunder, such statement to follow as closely order of the items containedin as possible the the job estimate. The final billing shall show project; the datea the description and site of thc 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; acid the location where the records and accountsbe bill can audited. Adequate :: �... .'7 i,„� tom` •t t . `:,x r t: "` fie• O A M 7:3 2 2 A IS) AG[ 4 Or 1 reference shall be made in the billing to the� � ., ••, . bc 1)l,! A!�1�11.,N l S rc�c�urds, accounts or other relevant documents. All cost records and accounts shall be subject to audit b a representative ta tcvcof the LYUpun receipt of invoices prepared in accordance with the provision of DEPARTMENT Procedure No. 132-04.6 "Reimbursement for Utility and nd Railroad Relocation," dated October agrees to reimburse the DEPARTMENT 1, 1973, the CITY SENT in the amount of such) actual cost. The City's costs with respect to this contract shall not exceed $25,000. a IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed bytheir duly authorized officers, and their officials seals hereto affixed, the day andyear first above written. STATE OF FLORIDA DEPARTMENT \cC1 OF TRANSPORTATION Pj?cll 1°1 BY: • - (SEAL) 1 . ATTEST: _ • ,A_ r I i . Executive Secretary CITY OF II., . .. .,�,%' • G_ • -4111.1k , FLORIDA FORM AP illr- Aermoalor (SEALEGAL )/ By / ATTEST: if ;c i k y ,Y,4,1,,. /e-- Date ” Approved as to Form. Legality and Execution • STATE OF t'l.OHit)A r)FPAItT?►,E1\'I OF Tt(AN;-.1'(0111 ATION FLORIDA DEPARTMENTF TRANSPORTATION � BOB MARTINEZ KAYE N.HENDERSON GOVERNOR - SECRETARY District Six Utility Office 1000 N.W. 111th Ave. Miami, Florida 33172 January 12, 1989 Mr. Domingo Rodriquez City of Miami Beach 1700 Convention Drive Miami Beach, Florida 33139 ADJUSTMENT OF UTILITIES - STATE STATUTES CHAPTER 337.403 Re: Project Description: Joint Project Agreement SR-828 N.E. 79th Street from Bayshore Court to Rue Versailles - Resurface and Repave. W.P.I. Number: 6113762 State Project Number: 87080-3530 County: DADE Dear Sir: Enclosed is the Joint Project Agreement for the above mentioned project. Please add this item to agenda of the next City Commission meeting, as discussed during our phone conversation of January 12, 1989. Should you require any additional information, please call me at 470-5237. As always your cooperation in these matters are appreciated. Sincerely, • Joseph tiW. Johnson III Utilities Engineer ORIGINAL RESOLUTION NO. 89-19518 (Authorizing the Mayor and City Clerk to execute a joint project agreement between the Florida Department of Transportation and the City of Miami Beach for adjustment of Utility Structures - resurfacing of the 79 Street Causeway from Bayshore Court to Rue Versailles, HN-429)