Loading...
99-23291 RESO RESOLUTION NO. 99-23291 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A LETTER OF AGREEMENT AMONG THE CITY OF MIAMI BEACH, FLORIDA DEPARTMENT OF TRANSPORT A TION (F.D.O.T.), AND WEEKLY ASPHAL T PAVING, INC.; IN SETTLEMENT OF ALL MATTERS ARISING FROM DAMAGES CAUSED TO THE EXISTING IRRIGATION SYSTEM DUE TO THE INSTALLATION OF THE MEDIAN GUARDRAIL ON THE CENTER MEDIAN OF THE MACARTHUR CAUSEWAY. WHEREAS, in 1994, the Mayor and City Commission approved a Memorandum of Agreement with F.D.O.T. to provide for maintenance oflandscaping along the MacArthur Causeway, for a total of $150,000 per year, to be paid to the City; and WHEREAS, in November] 998, the Florida Department of Transportation (FOOT) entered into a contract with Weekly Asphalt Paving, Inc., to install a guardrail along the center median of the MacArthur Causeway; and WHEREAS, during the installation of the guardrail on the above specified medians, the water main for the existing irrigation system was unavoidably damaged; and WHEREAS, the FOOT has agreed to compensate the City, in the amount of$ 55,000, to be utilized to restore the site and the City wishes to enter into the attached Letter of Agreement in order to resolve this Issue. NOW THEREFORE, BE IT DULY RESOL YED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the City Manager is hereby authorized to execute a Letter of Agreement among the City of Miami Beach, Florida Department of Transportation (FOOT), and Weekly Asphalt Paving, Inc., in settlement of all matters arising from damages caused to the existing irrigation system due to the installation of the median guardrail on the center median of the MacArthur Causeway. PASSED and ADOPTED this] 7th day of September 1999. f{ ATTEST: ~~tO fcuJ~ CITY CLERK APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION JGP/JPiKS/JO/OM T:IAGENDAII999ISEP 1499IREGULARIFDOTRES.WPD ~~ ~[/91 CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 http:\\cLmiami-beach.f1.us COMMISSION MEMORANDUM NO. Go 1... 5 -41 TO: Mayor Neisen O. Kasdin and Members of the City C mission DATE: September 14, 1999 FROM: Sergio Rodriguez City Manager SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A LETTER OF AGREEMENT AMONG THE CITY OF MIAMI BEACH, FLORIDA DEPARTMENT OF TRANSPORTATION (F.D.O.T.),ANDWEEKLY ASPHALT PAVING, INC.; IN SETTLEMENT OF ALL MATTERS ARISING FROM DAMAGES CAUSED TO THE EXISTING IRRIGATION SYSTEM DUE TO THE INSTALLATION OF THE MEDIAN GUARDRAIL ON THE CENTER MEDIAN OF THE MACARTHUR CAUSEWAY. ADMINISTRATION RECOMMENDATION: Adopt the Resolution. BACKGROUND: In 1994, the City Commission approved a Memorandum of Agreement with F .D.O. T. to provide for maintenance of landscaping along the Mac Arthur Causeway, specifically from the east end of Watson Island to Aiton Road. In accordance with this agreement, F.D.O.T. pays to the City $150,000 annually for landscape maintenance for the areas as designated. In November 1998, the Florida Department of Transportation entered into a contract with Weekly Asphalt Paving, Inc. to install a guardrail along the center median of the Mac Arthur Causeway, from Watson Island East to the Entrance for the Fisher Island ferry landing. During the installation of the guardrail on the above specified medians, the Department's contractor, Weekly Asphalt Paving, Inc., damaged the water main for the existing irrigation system. The water main is the single source of water that supplies all of the individual median irrigation zones. The subsequent lack of water to the project has had a detrimental effect on the existing palms and other plant material. The Florida Department of Transportation has determined that the damage to the existing irrigation main was unavoidable due to a direct conflict of the existing water main site and AGENDA ITEM C. 1 L DATE~ the required installation location of the guardrail. Damage occurred to the irrigation system and loss of some of the plant material prior to the start of the guardrail project, due in part from vehicular accidents, lightning/wind damage. The determination has been made to share the restoration costs between the City and the Florida Department of Transportation. The planned restoration for the area includes the following: installation of a new irrigation system, installation of new turf in bare areas, and installation of additional hedge material. The total estimate to complete this work is $ 113,000 with the Florida Department of Transportation and the City sharing the cost. The FDOT has offered to contribute $55.000 towards the restoration work and the City would incur the remaining $58.000. Funds are available within the Parks and Recreation Department from existing Mac Arthur Causeway maintenance funds and from within the Department, to pay the City's share of the expense. ANALYSIS: In order to receive the F.D.O.T. funding in the lump sum amount of $55,000 to replace the irrigation system and lost landscape materials, the City must execute this letter of agreement. Authorization to receive these funds will permit the replacement of damaged material in this major thoroughfare that serves as a gateway to our community. CONCLUSION Adopt the ~lution. f1IJL, If?' tfjA SR/JAG/KS/JO/eb T:\AGENDAI1999ISEP1499\REGULARIFDOTMCAR COM Mac Arthur Causeway Guardrail State Project Number: 87060-3543 LETTER OF AGREEMENT This Agreement made and entered this 17 thth day of ,:;ept. 1999 between the State of Florida, Department of Transportation, hereinafter called the Department, Weekley Asphalt Paving, Inc., hereinafter called the Department's contractor, and the City of Miami Beach, hereinafter called the City. In an effort to resolve all outstanding disputed issues, in the spirit of cooperation and partnering and in the best interest of the public, the parties herein agree to the following undisputed facts regarding the Installation of the Guardrail and Construction of Traffic Railing on MacArthur Causeway and the MacArthur Causeway bridge in Miami Beach: During the installation of the guardrail on the MacArthur Causeway Median, the Department's contractor damaged the water main of the existing irrigation system, this water main was in direct conflict with the guardrail posts, therefore the contractor could not save this existing water main. This was an unforeseen condition since the contract plans did not show the irrigation system watermain. The parties agree that in order to properly install the guardrail the existing irrigation system had to be partially damaged and needed to be repaired after the installation of the guardrail was completed. The parties also agree that the contractor and the Department were careful during this guardrail installation and because of the conflict betweeen the location of the posts and the existing water main, the irrigation system could not be saved from being damaged. The City of Miami Beach has agreed to settle their claim for a total sum of$ 55,000.00, The Department will pay the Department's Contractor the amount of $32,000, the Department's Contractor agrees to forward equal payment to the City of Miami Beach and the Department of Transportation will pay the remaining $23,000.00 as full and complete satisfaction of all settlement claims as of the date of this Agreement. All parties agree that the payment of $55,000.00 to the City of Miami Beach constitutes full and complete settlement of all matters arising from this contract. This settlement includes, but is not limited to, all direct and indirect costs for repairing the existing irrigation system and landscape replacement. The City of Miami Beach hereby releases the Department and the Department's contractors from all claims, known or unknown as of the date of this Agreement. . . . ,,~'-~ ~n rtletllpt efth", r""lHtlRt, "J.l.-parlie.i_agree to.reltJIiSI:nma A91a \1l1<;:h nJ-hwr RilJm.l"B5....ef 8RY fittl:lrw ,Iat.. roll18ti.8xtQ Q)~ " . '. ... k .- c. "l .,\''\ iW, :.}.~~ T ,t," I~ G s Pe , P. istrict Operations 8eer8t~' ~(, . District Six, FDOT driguez anager City of Miami Beach ~----- --- Daniel D. Weekley--~ President Construction Weekley Asphalt Paving, Inc. CONTRACT NO.:B-B784 FIN/PROJECT NO.:25308717202 COUNTY :~ STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AMENDMENT NO. 2 ~h THIS AGREEMENT, ~~de and entered into this 2..f. day of :::rANVA~ ~, by and between the STATE OF FLORIDA DEPARTMENT F TRANSPORTATION, an agency of the State of Florida, hereinafter called the DEPARTMENT, and the City of Miami Beach of 1700 Convention Center Drive. Miami Beach. Florida 33139 a political subdivision of the State of Florida, hereinafter called the CITY. WIT N ESE T H : WHEREAS, the DEPARTMENT and the CITY heretofore on the ~ day of June 1998, entered into an AGREEMENT whereby the DEPARTMENT retained the CITY to provide turf and landscape maintenance services on SR AlA. (MacArthur Causeway) ; and WHEREAS, the DEPARTMENT has determined it necessary to amend the AGREEMENT to finalize the re<J:uirements of the Letter of Agreement document executed on October 4. 1999. between the CITY. Weekly Asphalt Paving. Inc. and the DEPARTMENT. attached hereto as Attachment "A". which by reference hereto shall become a part hereof. WHEREAS, the CITY by Resolution No. 99-23291 dated 17th day of September 1999, attached hereto as part of Attachment "A", which by reference hereto shall become a part hereof, authorized its officers to execute an AGREEMENT to resolve the damaged watermain issue on the MacArthur Causeway median. NOW, THEREFORE, this AGREEMENT witnesseth the following amendments are made; The DEPARTMENT agrees to reimburse the CITY with a one time lump sum payment of $23,000.00 as full and complete satisfaction of all settlement claims associated with the damage to the water main of the existing irrigation system on the MacArthur Causeway Median. EXCEPT as hereby modified, amended, or changed, all of the terms and conditions of said Agreement and any supplements and amendments thereto shall remain in full force and effect. 1 Contract No.: B-B784 Amendment No. 2 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first above written. CITY OF MIAMI BEACH ATTEST: rJ1w~ ftuduA City Clerk STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY: ~iS or Desi9I1J=e ---- ATTEST: Exe (SEAL) APPROVED AS TO LEGAL ~ City Attorne~ APPROVED AS TO FORM 8. LANGUAGE & fOR EXECUTION 41( i41()J~II... /),.-/ - 9~ ~i~ Date BY 2 ATTACHMENT A 3 - Mac Arthur Causeway Guardrail State Project Number: 87060-3543 LETTER OF AGREEMENT This Agreement made and entered this _th day of August 1999 between the State of Florida, Department of Transportation, hereinafter called the Department, Weekley Asphalt Paving, Inc., hereinafter called the Department's contractor,and the City of Miami Beach, hereinafter called the City. In an effort to resolve all outstanding disputed issues, in the spirit of cooperation and partnering and in the best interest of the public, the parties herein agree to the following undisputed facts regarding the Installation of the Guardrail and Construction of Traffic Railing on MacArthur Causeway and the MacArthur Causeway bridge in Miami Beach: During the installation of the guardrail on the MacArthur Causeway Median, the Department's contractor damaged the water main of the existing irrigation system, this water main was in direct conflict with the guardrail post,>, tl1erl'l'ore the contractor could not save this existing water main. This was an unforeseen condition since the contract plans did not show the irrigation system watermain. The parties agree that in order to properly install the guardrail the existing irrigation system had to be partially damaged and needed to be repaired after the installation of the guardrail was completed. The parties also agree that the contractor and the Department were careful during this guardrail installation and because of the conflict betweeen the location of the posts and the existing water main, the irrigation system could not be saved from being damaged. The City of Miami Beach has agreed to settle their claim for a total sum of$ 55,000.00, The Department will pay the Department's Contractor the amount of $32,000, the Department's Cqntractor agrees to forward equal payment to the City of Miami Beach and the Department of Transportation will pay the remaining $23,000.00 as full and complete satisfaction of all settlement claims as of the date of this Agreement. All parties agree that the payment of$55,000.00 to the City of Miami Beach constitutes full and complete settlement of all matters arising from this contract. This settlement includes, but is not limited to, all direct and indirect costs for repairing the existing irrigation system and landscape replacement. The City of Miami Beach hereby .. ~leases the i Department and the Department's contractors from all claims, known or unknown as of the date of thic; ~ gr('l'!)pnt. ...u~on r~ceiflt of the pa}l1l"uL, <111 parties agree [0 rel~(C;~ clUJ hulJ ~<1ch other harmless ot any fuL......e 1:1";T1J~ relllted~ t '. A.. <\,"(.\ <7..~ '~ W~~ ~ us eg , P.E District Operations ~eeretal'Y (;",1.. District Six, FDOT ............ . ......1 -: . :- . ., . . :- : l <-~. .~,<m:iIi.' .. .'.... . . . '-.. - ,...; ~ Daniel D. Weekley ~ President Construction Weekley Asphalt Paving, Inc. . . r i JEB BUSH GOVERNOR ~ Florida Department of Transportation District Six Maintenance 1000 N.W. III th Avenue, Suite 6214 Miami, Florida 33172 (305) 470-5434 THOMAS F. BARRY, JR. SECRETARY January 24, 2000 Kevin Smith Director of Recreation, Culture and Parks City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 RE: Amendment No.2 Contract No.: B-B784, MacArthur Cswy Turf and Landscape Maintenance Agreement Fin/Job No.: 25308717202 County: Miami-Dade Dear Mr. Smith: Enclosed for the City's records is an executed original amendment. The City may invoice the Department for the $23,000.00 at its convenience. Sincerely, ~0~ Arnaldo Fernandez, Jr. cc: File www.dot.state.fl.us (!) RECYCLED PAPER JEll Bl'SH GOVERV)R ~" '=- ===a -=== , ~\ Florida Department of Transportation District Maintenance Office 1000 N.W. lllth Avenue, Room 6214 Miami. Florida 33172 Office: (305) -+ 70-5434 THOi\IAS F. BARRY..JR. SECRETARY November 1 L 1999 Kevin Smith Recreation, Culture and Parks Department Director City of Miami Beach 1700 Convention Center Drive Miami Beach, Fl. 33139 RE: AMENDMENT NO. ') Contract No.: B-B-784, MacArthur Cswy Turf and Landscape Maintenance Agreement Fin/Project No.:25308717202 County: Miami-Dade Dear Mr. Smith: As per our conversation, enclosed are three (3) identical amendments for the City Manager to execute. The amendment will finalize the requirements of the Letter of Agreement signed by the City of Miami Beach, Weekly Asphalt Paving, Inc. and the Department on October 4, 1999. The total sum of the agreement is $55,000.00. The City has already received an amount of $32.000.00 from Weekly Asphalt Paving, Inc. The source of this payment was the Department's Construction Project number 87060-3543. The $23,000.00 owed to the City will come from the Department's Maintenance Project number 25308717202. This is a different type of funding source and requires that the agreement referenced above be amended to allow for the one time lump sum payment of $23,000.00 to be made. Please return all three documents to me once executed and enclose a City invoice for the amount owed. Thank you for your assistance with this matter. Sincerely, ~ 4 "ffir - I / ~ Arnaldo Fernandez. Jr. Assistant Maintenance Contracts Engineer cc: Gus Pego. Ron Steiner, Jorge Fernandez, File www.dot.state.fl.us (!) RECYCLED PAPER ~ Florida Department of Transportation .fEB BlJSH GOVERNOR MEMORANDUM TO: Michael Alvarez, City of Miami Beach Public Works Department Carlos G. Gonzalez, F.D.O.T., Project Engineer ~ FROM: DATE: October 12, 1999 RE: SR AlA Mac Arthur Causeway Fin. No.: 25018315201 W.P.I. No.: 6114360 State Project No.: 87060-3543 Contract No.: 20,180 Federal Aid No.: 6l76(012)U County/Section No.: 87-060 SUBJECT: Three Party Agreement/Check for $32,000.00 THOMAS I( BARRY, .fR. S~:CRKI"ARY c. c. r r -.:: '.~r U) \J) -' ~ o 00'. e-> --l I, c. N t'Ci . rTJ c ~c:. ::. r1'\ . ~)~"! r::: i~n l.'. !" I' -, "'"0 =~ - .. J> W r., W C") :~: Enclosed find a check in the amount of $32,000. 00 payable to the order of the City of Miami Beach by Weekley Asphalt Paving, Inc. and an original copy of the executed Three Party Letter of Agreement between the State of Florida Department of Transportation, the City of Miami Beach and Weekley Asphalt Paving, Inc. ~~c:!.\"'-.9 \~ 4> 23...DOC. 5tt.CM.~8 ~L"~l.':-rA.Rrf"'\.'e.~ 0-\ \~"'Sf~aT~~lON... ~ Date: /0//2.-/99 I I cc: Gus Graupera, P.E., South Dade/Monroe County Resident Engineer Stephanie Grindell, P.E., Assistant Resident Engineer Job File www.dot.state.fl.us m RECYCLED PAPER -~Jo'~~ 01 I m ?r l:g 0 ^ m () -<.. l> Z Z H -I'" ro >-3 0" 0 :P Z ...: -I" ~~ I" 0 m.. ..0 I't] 0" 0 Il'" ..... <>- :3: 0", w '" H gj.. Z *"" 0 > 0'" . l> :3: < ..,," 0 f'1 H .. ..D ;:: '" ~ > to 0 .~ . trl .. " C1) - ." > . a C1) r U-J 0 () .. (IJ ~ :n ~~~ ::c .. a .. x C1) - '" OJ . ~ .. N ~ a [ll . a . . . a D>> 0' . UI . (FJ '1::s lP .. 0 c ::r ~ lP . -I 0 . I D>> " CD "T1 - 0 CD .. r .... - .. 0 aJ ~ 0 - :n '1::s x . 6 CD U-J D>> co .. 1> '" '< 0 ..D .. "T1 < 0 . r -. 0 III ru .. w :s CIl . . w U2 (f) "0 . a 0 >-3 OJ c :' N -< 0 '" ::c 6 I III :: -. .,., W H :s r ::; - *"" a 0 0 :u n :n V1 >-3 . 0 "0 - >< l> III 0 ." ~. L -.J r >-3 OJ ~ ru OJ :!; 0 CC ru co 0 '" w 6 U-J 0 0 ~ ~ roO> :n'f l>~ zw (lea Ie; ~i?l tTI X >-3 :u ):00 ..... o "- o '" "- ..0 ..0 0:> o -.J -.J N V1 o ..... 0:> W ..... V1 N o l-' "- '" ..... -.J '" o ..... N ..0 o l-' W *"" ffl . . .. . .. - W WO W N C>~ N 0 ~ () 0 0 (N^ 0 0 ~Z 0 0 0 0 0 0