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Resolution 94-21075 • t l • RESOLUTION NO. - 94-21075 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING A JOINT PROJECT AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) FOR LAND- SCAPING IMPROVEMENTS ALONG STATE ROAD AlA/ FIFTH STREET FROM ALTON ROAD TO COLLINS AVENUE. WHEREAS, the Mayor and the City Commission, by Resolution No. 94-21011 have appropriated funds and established funding sources for landscaping improvements along State Road A1A/5th Street from Alton Road to Collins Avenue; and. WHEREAS, one of the established funding sources is the Florida Department of Transportation (FDOT) , in the amount of $200, 000; and WHEREAS, the FDOT requires that a Joint Project Agreement (JPA) be signed prior to transfering the funds to the City. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FORIDA, that the Mayor and City Clerk are authorized to execute the JPA as submitted by the FDOT, so that the landscaping project on Fifth Street can be initiated. PASSED AND ADOPTED this 2nd day of March , 1994 . • ATTEST: CITY CLERK FORM APPROVED 'I LEGAL DEPT. 60.7 S'c� • CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 OFFICE OF THE CITY MANAGER TELEPHONE: (30S)673-7010 FAX: (305) 673.7762 • COMMISSION MEMORANDUM NO. • - TO: Mayor Seymour Gelber and DATE: March 2, 1994 Members of the City Commission FROM: Roger M. Carlton City Manager 44aAL„ SUBJECT: RESOLUTION APPROVING JOINT PROJECT AGREEMENT (JPA) WITH THE FLORIDA DEPARTMENT ,OF TRANSPORTATION (FDOT) FOR THE LANDSCAPING OF FIFTH STREET FROM ALTON ROAD TO COLLINS AVENUE. ADMINISTRATION RECOMMENDATION It is recommended that the Mayor and Commission endorse the attached Resolution authorizing the Mayor and City Clerk to execute the attached Joint Project Agreement (JPA) with Florida Department of Transportation (FDOT) for the Fifth Street landscaping project. BACKGROUND . • The City Commission has targeted the major gateways into the City for priority in beautification programs. Fifth Street has been a. critical project on the list of improvements and the City has engaged Rosenberg Design Group/David Scully A,S.L.A, Inc. to design the improvements. , Although the low bid for the Fifth Street landscaping project came in at $660, 326, the City has budgeted and is still estimating the cost of the project at $750, 000. $200, 000 of the estimated cost is FDOT funded and will be transferred to the project soon after this JPA is signed. • ANALYSIS In order to take advantage of the FDOT funding, the City needs 'to approve the attached JPA. Resolution No. 94-21011 has already. appropriated into account number 366-2080-069358 funds for this landscaping project and established funding sources as follows: South Pointe Redevelopment Agency • $300, 000 Florida Department of Transportation $200, 000 Special Assessments $150, 000 (to be assessed on proposed new developments in the area) Donations and Contributions/Kramer $100, 000 CONCLUSION It is recommended that the City Commission endorse the attached JPA with FDOT in the amount of $200,000 so that the landscaping • project on Fifth Street can be initiated. 43 . Attachment • AGENDA Q �] ITEM 1 ` l-b DATE 3-2-9 RESOLUTION NO. 94-21011 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROPRIATING FUNDS AND ESTABLISHING FUNDING SOURCES FOR CITYWIDE STREETSCAPE AND LANDSCAPE CAPITAL PROJECTS AT BRITTANY BAY; COLLINS AVENUE AND THE 4100 TO 6300 BLOCKS; FIFTH STREET; FORTY- FIRST STREET, AND THE JULIA TUTTLE CAUSEWAY, AND ESTABLISHING FIVE (5) WORK ORDERS FOR THESE PROJECTS WITHIN CAPITAL PROJECT FUND NUMBER 366. WHEREAS, the Department of Recreation, Culture, and Parks has proposed five beautification projects totaling $2, 122, 500 to commence during Fiscal Year 1993/94 to landscape entranceways and corridors located along: Brittany Bay in the estimated amount of $125, 000; Collins Avenue and the 4100-6300 blocks in the estimated amount of $20,000; Fifth Street in the estimated amount of $750, 000; Forty-First Street in the estimated amount of $330,000 and the Julia Tuttle Causeway in the estimated amount of $825, 000; and WHEREAS, appropriations are required to establish work orders to properly account for these capital projects within Capital Project Fund Number 366 as follows; Project Project/Sources Amount Total Brittany Bay Unallocated Bond Fund/TOPA Repayment $125,000 $125,000 Collins Avenue (Phase I Study & Design) Resort Tax '93 20,000 20, 000 Fifth Street South Pointe Redevelopment Agency 300,000 Florida Department of Transportation 200,000 Special Assessments 150,000 Donations & Contributions/Kramer 100,000 750,000 Forty-First Street Resort Tax '93 222,000 Community Development Block Grant/ Hurricane 100,000 Community Development Block Grant/ Planning 8, 000 330, 000 Julia Tuttle Causeway Unallocated Bond Fund/Interest Income 469,737 Resort Tax '93 258, 000 Florida Department of Transportation 144,763 Mount Sinai Medical Center 25,000 897. 500 $2,122,500;and WHEREAS, these appropriations will allow the Administration to proceed with these projects during Fiscal Year 1993/94. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission approve the appropriation of funds from those sources identified above totaling $2, 122,500 to be allocated to the five work orders outlined above to • -established wit in Capital Project Fund Number 366. ir PASSED and ADOPTED this 5th day of January 9 4 1111111'. 1 ATTEST_ ,4 CITY CLERK c:\wp61\jd\stscapfund.res FORM APPRCVEU LEGAL DEPT. By -1c� Date FUNDING,;•P'OVED Eattl ''agement and :udget J CITY OF MIAMI BEACH elk": C:Tv HALL 1700 CCNVENT'ON CENTER DRIVE M AM!BEACH FLOR:OA 33'39 OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010 FAX: (305) 673.7782 COMMISSION MEMORANDUM NO. • TO: Mayor Seymour Gelber and DATE: January 5, 1994 Members of the City Commission FROM: Roger M. Cant -=:—• City Manager SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROPRIATING FUNDS FROM SOURCES OUTLINED HEREIN FOR CITYWIDE STREETSCAPE/LANDSCAPE CAPITAL PROJECTS AT BRITTANY BAY ($125,000), COLLINS AVENUE/4100 TO 6300 BLOCKS ($20,000), FIFTH STREET ($750,000) FORTY-FIRST STREET ($330,000), JULIA TUTTLE CAUSEWAY ($897,500); AND ESTABLISHING FIVE (5) WORK ORDERS FOR THESE PROJECTS WITHIN CAPITAL PROJECT FUND NUMBER 366. RECOMMENDATION: The Administration recommends that the City Commission adopt the attached Resolution to appropriate funds for various citywide streetscape and landscape capital projects and to establish five (5) work orders for these projects within Capital Project Fund Number 366. BACKGROUND: During the Fiscal Year 1993/94 budget deliberations, several crucial capital projects were identified.by the Department of Recreation, Culture, and Parks as necessary components in a comprehensive plan- to beautify and landscape key corridors and entranceways to the City. Following this Commission directive, the Administration is now prepared to proceed with these projects and as such, requires an appropriation and the establishment of work orders within Capital Project Fund Number 366 prior to expenditure. A brief description follows below. Brittany Bay - This is a landscape project to revitalize the Brittany Bay Park and entranceway to the North Beach area. Landscape and irrigation improvements will be undertaken. This project will complement activities already • underway at the adjacent 63rd Street bridge. Bids for this project will be released shortly, with a response due in late January, 1994. The project is estimated to cost $125,000 with funds available from Unallocated Bond Fund 351 resulting from the repayment for light bridge modifications at TOPA for the Phantom of the Opera production. Collins Avenue/4100 to 6300 Blocks - This is a landscape project to beautify medians and side swales along this corridor. The first phase ($20,000) will provide for site evaluation/planning and design documents which will form the basis for bidding these landscape improvements. Resort Tax proceeds carried over from FY 1993 will fund this project'. Fifth Street - This is a landscape project to beautify medians and side swales, install irrigation and physical improvements from Alton Road to Ocean Drive along this corridor. Bids for this project, Number 23-93/94 have been received. (See related agenda item) . The lowest bid is $660,326; however, the total project cost is estimated to be S750,000 with participation from the South • Pointe Redevelopment Agency ($300,000), the Florida Department of Transportation ($200,000), donations/contributions from Thomas Kramer ($100,000) and special assessments from proposed developments in this area 0150,000) . 117 AGENDA R-fl- ITEM DATE c /'- I Capital Project Fund Number 366 Appropriation Page Two January 5, 1994 Forty-First Street - This is a landscape project to beautify this commercial area from Alton Road to Collins Avenue along this corridor. Physical improvements such as sidewalk repairs and lighting will be provided. The project is estimated to cost $330,000 with funding from Resort Tax proceeds carried over from FY 1993 (5222,000) , and Community Development Block Grant Disaster Relief (S100,000) and Planning (S8,000) proceeds. Julia Tuttle Causeway - This is a major landscape/irrigation project designed to enhance this City gateway. It encompasses some thirteen (13) acres in the interchange of Alton Road and the causeway and approximately one mile of median located between the two high bridges on the causeway. A variety of palms, groundcover and shrubbery will be planted, as well as the installation of irrigation and a sign welcoming visitors and citizens. Bids for this project, Number 24-93/94 have been received. (See related agenda item) . The lowest bid is $759,497; however, the total project cost is estimated to be $897,500 with participation from the Florida Department of Transportation ($144,763) , Mount Sinai Medical Center (S25,000) , Interest Income from an Unallocated Bond Fund (S469,737), and Resort Tax proceeds carried over from FY 1993 ($258,000) . CONCLUSION: The attached Resolution will allow the Administration to proceed with these capital projects during the current Fiscal Year and begin the process of enhancing and beautifying the City. The Julia Tuttle and Fifth Street projects will be completed before the POW WOW Convention in May, 1994. It may be possible to complete the Forty-First Street project as well if an accelerated design and bidding process is utilized. Signs will be placed on Collins Avenue to demonstrate the project before the convention is held. RMC:PFL:DJJ:me • 118 • ~ JOINT PARTICIPATION AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND THE FLORIDA DEPARTMENT OF TRANSPORTATION THIS AGREEMENT entered into this 2 viaday of I P r s 1 1994 by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, a component . agency of the State of Florida, hereinafter, referred to as the "DEPARTMENT", and THE CITY OF MIAMI BEACH, a Florida municipal corporation, hereinafter referred to as the "CITY". • W I T N E S S T H : WHEREAS, both parties herein wish to facilitate the early construction of a median beautification improvement project on the State Highway System in the City of Miami Beach, hereinafter referred to as the "PROJECT", described as follows: Supply, deliver, and install landscape materials on SR AlA/5th Street from SR-907/Alton Road to Collins Avenue. WHEREAS, all the necessary design and construction plans for the PROJECT are being completed by the CITY, and the PROJECT is essentially in a production ready status. WHEREAS, the Miami Beach City Council has by proper resolution attached hereto, and by reference made a part hereof, authorized its officers to enter into this agreement. NOW, THEREFORE IN CONSIDERATION of the mutual covenants and agreements herein contained, it is hereby agreed by and between the parties as follows: 1. The DEPARTMENT shall provide funds to the CITY for construction of the PROJECT for the total direct cost detailed as follows: Work Program Total FDOT Fiscal Year Const. Cost Item Number Commitment Commitment N/A 6114206 $200, 000 1993/94 2 . The CITY shall complete the construction plans for the installation of landscaping, mulch, guying, and other related construction. 3 . The CITY shall advertise the PROJECT and receive bids. Subsequent to -the evaluation of the bids by the CITY and the 4 determination of the apparent low responsive bidder, the CITY shall award the contract to the responsive low bidder. The CITY shall provide said evaluation, recommendation and award to the DEPARTMENT for approval. 4 . The CITY shall proceed with the construction of the project. Disbursement of DEPARTMENT funds to the CITY shall be based on CITY invoices, with certified copies of paid contractor estimates attached. The DEPARTMENT share, or PROJECT cost is Limited to $200, 000. 5. Subsequent to approval of the contract award, any proposed change orders and supplemental agreements shall be approved by the DEPARTMENT prior to execution by the CITY and, upon completion of the PROJECT, final total construction contract costs will be determined and certified by the CITY, and the DEPARTMENT'S financial participation and disbursement of the funds will be the initial $200, 000 of cost incurred. 6. The . CITY shall be responsible for one hundred percent (100%) of the actual Construction Engineering Inspection (CEI) . costs. 7. The DEPARTMENT shall disburse funds to the CITY, provided however, said disbursements will be made by the DEPARTMENT only in the event that such funds are available and are included in the DEPARTMENT'S annual program budget. Section 334.21 (8) (a) , Florida Statutes, is hereby incorporated: "The Department shall not, during any fiscal year, expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amount budgeted as available for expenditure during the fiscal year. Any contract, verbal or written, made in violation of this subsection shall be null and void, and no money shall be paid thereon. The Department shall require a written statement from the Comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for a period exceeding one (1) year, but any contract so made shall be executory only for the value of the services to be rendered, or agreed to be paid for in succeeding fiscal years, and this paragraph shall be incorporated verbatim in all contracts of the Department in excess of $25,000, having a term for a period of more than one (1) year. " 8. The CITY agrees to permit DEPARTMENT auditors to inspect the books, records, and accounts of the PROJECT for three (3) years after completion of the PROJECT. These records shall be made available to the DEPARTMENT for inspection within five (5) working days upon receipt of a written request from the DEPARTMENT. 2 9. The City desires to enter into this Agreement only if in so doing the City can place a limit on the City's liability for any cause of action for money damages due to an alleged breach by the City of this Agreement, so that its liability for any such breach_ never exceeds the Department share of the project cost, or $200, 000. The Department hereby expresses its willingness to enter into this Agreement with the Department's recovery from the City for any damage action for breach of contract to be limited to a maximum amount of the amount of the Department share of the Project cost, or $200, 000. Accordingly, and notwithstanding any other term or condition of this Agreement, the Department hereby agrees that the City shall not be liable to the Department for. damages in an amount in excess of, the Department share of the Project cost, or $200,000, for any action or claim for breach of contract arising out of the performance or non-performance of any obligations imposed upon the City by. this Agreement. Nothing contained in this paragraph or elsewhere in this Agreement is in any way intended to be . a waiver of the limitation placed upon City's liability as set forth in Florida Statutes, Section 768. 28. IN WITNESS WHEREOF, the CITY OF MIAMI BEACH and the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION has caused these presents to be executed in their respective names by the proper officials the day and year firs above written. WITNESSES: - O !LORIDA DEPARTMENT OF •+ '• TATION V 1160441111\ :(Authorfzaicum received from EXECUTI;E SECRETARit the Comptroller's Office ;•3 to Availability of 4iia nds" O �•NTRACT ADM 1 ; •TOR TY OF MIAMI AC (.6.1AN DO ATTORNEY OR ATTEST: CITY CLERK (CITY SEAL) . FORM APPROVED 3 LEGAL DEPT. By c • Date 2-2-4-S•{ " r JOINT PARTICIPATION AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND THE FLORIDA DEPARTMENT OF TRANSPORTATION THIS AGREEMENT entered into this 22" day •of /4Y' 1 , 1994 by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, a component , agency of the State of Florida, hereinafter, referred to as the "DEPARTMENT", and THE CITY OF MIAMI BEACH, a Florida municipal corporation, hereinafter referred to as the "CITY". W I T N E S S T H : WHEREAS, both parties herein wish to facilitate the early construction of a median beautification improvement project on the State Highway System in the City of Miami Beach, hereinafter referred to as the "PROJECT", described as follows: Supply, deliver, land install landscape materials on SR A1A/5th Street from SR-907/Alton Road to Collins Avenue. WHEREAS, all the necessary design and construction plans for the PROJECT are being completed by the CITY, and the PROJECT is essentially in a production ready status. , WHEREAS, the Miami Beach City Council has by proper resolution attached hereto, and by reference made a part hereof, authorized its officers to enter into this agreement. NOW, THEREFORE IN CONSIDERATION of the mutual covenants and agreements herein contained, it is hereby agreed by and between the parties as follows:- 1. The DEPARTMENT shall provide funds to the CITY for construction of the PROJECT for the total direct cost detailed as follows: Work Program Total 'FDOT Fiscal Year • Const. Cost Item Number Commitment Commitment N/A 6114206 $200, 000 1993/94 2 . The CITY shall complete the construction plans for the installation of landscaping, mulch, guying, and other related construction. 3 . The CITY shall advertise the PROJECT and receive bids. Subsequent to the evaluation of the bids by the CITY and the r , determination of the apparent low responsive bidder, the CITY shall award the contract to the responsive low bidder. The CITY shall provide said evaluation, recommendation and award to the DEPARTMENT for approval. 4. The CITY shall proceed with the construction of the project. Disbursement of DEPARTMENT funds to the CITY shall be based on CITY invoices, with certified copies of paid contractor estimates attached. The DEPARTMENT share, or PROJECT cost is limited to $200, 000. 5. Subsequent to approval of the contract award, any proposed change orders and supplemental agreements shall be approved by the DEPARTMENT prior to execution by the CITY and, upon completion of the PROJECT, final total construction contract costs will be determined and certified . . by the CITY, and the DEPARTMENT'S financial participation and disbursement of the funds will be the initial $200, 000 of cost incurred. 6. The CITY shall be responsible for one hundred percent (100%) of the actual Construction Engineering Inspection (CEI) costs. 7. The DEPARTMENT shall disburse funds to the CITY, provided however, said disbursements will be made by the DEPARTMENT only in the event that such funds are available and are included in the DEPARTMENT'S annual program budget. Section 334 .21 (8) (a) , Florida Statutes, is hereby incorporated: "The Department shall not, during any fiscal year, expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amount budgeted as available for expenditure during the fiscal year. Any contract, verbal or written, made in violation of this subsection shall be null and void, and no money shall be paid thereon. The Department shall require a written statement from the Comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for a period exceeding one (1) year, but any contract so made shall be executory only for the value of the services to be rendered, or agreed to be paid for in succeeding fiscal years, and this paragraph shall. be incorporated verbatim in all contracts of the Department in excess of $25, 000, having a term for a period of more than one (1) year. " 8. The CITY agrees to permit DEPARTMENT auditors to inspect the books, records, and accounts of the PROJECT for three (3) years after completion, of the PROJECT. These records shall be made available to the DEPARTMENT for inspection within five (5) working days upon receipt of a written request from the DEPARTMENT. 2 1, 9. The City desires to enter into this Agreement only if in so doing the City can place a limit on the City's liability for any cause of action for money damages due to an alleged breach by the City of this Agreement, so that its liability for any such breach never exceeds the Department share of the project cost, or $200, 000. The Department hereby expresses its willingness to enter into this Agreement with the Department's recovery from the City for any damage action for breach of contract to be limited to a maximum amount of the amount of the Department share of the Project cost, or -$200, 000. Accordingly, and notwithstanding any other term or condition of this Agreement, the Department hereby agrees that the City shall not be liable to the Department for damages in an amount in excess of the Department share of the Project cost, or $200, 000, . for .any action or claim for breach of contract arising out of the performance or non-performance of any obligations imposed upon the City by this Agreement. Nothing contained in this paragraph or elsewhere in. this Agreement is in any way intended to be a waiver of the limitation placed upon City' s liability as set forth in Florida Statutes, Section 768.28. IN WITNESS WHEREOF, the CITY OF MIAMI BEACH and the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION has caused these presents to be executed in their respective names by the proper officials the day and year firs above written. WITNESSES: - O' 'LORIDA DEPARTMENT OF 1 . • ATATION itabAk. Ai `Authorizatlunt received from EXECUTI SECRETAR / the Comptroller's Office ',S to Availability of`lids" ONTRACT ADM 4• •TOR TY OF MIAMI B AC DO ATTORNEY OR ATTEST: CITY CLERK -- (CITY SEAL) FORM APPROVED 3 LEGAL DEPT. By c Date 2