HomeMy WebLinkAbout2001-24507 RESO
RESOLUTION NO.
2001-24507
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, APPROVING A
SUPPLEMENTAL AGREEMENT, IN THE AMOUNT OF $873,103.71,
TO THE FLORIDA DEPARTMENT OF TRANSPORTATION JOINT
PARTICIPATION AND REIMBURSEMENT AGREEMENT (JPA)
FOR THE NORTH SHORE COMMUNITY REVITALIZATION
PROJECT.
WHEREAS, on December 5, 1990, the Mayor and City Commission approved an
Agreement with the firm of Kimley Horn and Associates, Inc. (KH) for architectural and
engineering services for the North Shore Community Revitalization Project (the Project) and on
November 4, 1992, approved a further agreement with KH for Phase II (Final Design) of the Project;
and
WHEREAS, on July 12, 1995, the Mayor and City Commission approved the construction
contract with S. 1. Nicholas Inc. (SIN) for the Project; and
WHEREAS, the Project was inspected and approved by stages, depending on the areas
finished by SIN, and found to be substantially complete on December 3, 1999 and due to varied
circumstances, the construction period extended beyond the original projection and lasted over four
years; and
WHEREAS, the City and the Florida Department of Transportation (FDOT) entered into
a Joint Participation and Reimbursement Agreement (JP A) for the North Shore Revitalization Project
on May 5, 1995 for an initial amount of $6,213,724; and
WHEREAS, during the course of the project additional construction costs and consulting
services were identified which the FDOT must share with the City as established in the JP A; and
WHEREAS, the FDOT has submitted to the City for execution, a SupplementalAgreement
to the JPA, in the amount of $873,103.71; and
WHEREAS, the Administration recommends execution of this Supplemental Agreement
for a partial payment, to secure the funding from FDOT's current funding cycle while both parties
continue to negotiate for further additional costs; and
WHEREAS, a final Supplemental Agreement will be presented as soon as an amount is
established and the FDOT secures the funding.
NOW, THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission herein approve a Supplemental Agreement, in the amount of $873,103.71, to the
Florida Department of Transportation Joint Participation and Reimbursement Agreement (JP A) for
the North Shore Community Revitalization Project.
PASSED AND ADOPTED THIS 18th
day of
July
,2001
~~
AYOR
ATTEST:
_~r r~
CITY CLERK
F:\WORK\$ALL\CHATRAND\FDOTRESQ,WPD
APPROVED AS TO
FORM & LANGUAGE
& FOR E)(ECUTION
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CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
lQ
COMMISSION MEMORANDUM NO. t;l/f...{) I
TO:
Mayor Neisen O. Kasdin and DATE: July18,2001
Members of the City Commission
Jorge M. Gonzalez \., ~
City Manager OfloN 0
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING A SUPPLEMENTAL
AGREEMENT, IN THE AMOUNT OF $873,103.71, TO THE FLORIDA
DEPARTMENT OF TRANSPORTATION JOINT PARTICIPATION AND
REIMBURSEMENT AGREEMENT (JP A) FOR THE NORTH SHORE
COMMUNITY REVITALIZATION PROJECT.
FROM:
SUBJECT:
ADMINISTRATION RECOMMENDATION:
Adopt the Resolution.
ANALYSIS:
On December 5, 1990, the Mayor and City Commission approved an agreement with the firm of Kimley
Horn and Associates, Inc. (KH), for architectural and engineering services for the North Shore Community
Area Improvements Phase I (the Project). On November 4, 1992, the Mayor and City Commission
approved a further agreement with KH for Phase II- Final Design of the Project.
On July 12, 1995 the Mayor and City Commission approved the award to the lowest bidder, S. 1. Nicholas
Inc. (SIN), for the construction of the project. A contract was entered between the City and SIN on July
12,1995 and Notice to Proceed was given.
Due to varied circumstances, the construction period extended beyond the original projection and lasted
over four years. The project was inspected and approved by stages depending on the areas finished by SIN.
On March 12, 1999, most areas ofthe project were considered substantially complete after many partial
inspections and acceptances during the course of the construction. On December 3, 1999, the overall
project was considered substantially complete with only a few minor items remaining.
On May 24, 2000, the Mayor and City Commission approved appropriating funds from an unappropriated
balance in Fund 363 and the final payment to SIN. On June 12,2000, the Mayor and City Commission
approved issuing a check, in the amount of $1 00,668, to SIN and close-out the Project.
AGENDA ITEM
(71)
7-!H-O{
DATE
Commission Memorandum
July 18,2001
North Shore Community JP A
Page 2
The City and the Florida Department of Transportation (FDOT) entered into a Joint Participation and
Reimbursement Agreement (JP A) for the North Shore Revitalization Project on May 5, 1995 for an
initial amount of $6,213,724. During the course of the project additional construction costs and
consulting services were identified which the FDOT must share with the City as established in the
JPA.
The FDOT has submitted to the City for execution, a SupplementalAgreement to the JP A, in the
amount of $873,103.71. The Administration recommends execution of this Supplemental
Agreement for a partial payment, to secure the funding from FDOT's current funding cycle. Both
parties will continue to negotiate responsibility for further additional costs and will present a final
Supplemental Agreement as soon as an amount is established and the FDOT secures the funding.
While negotiations continue, the City wishes to receive the current supplemental amount, and
therefore, requests that the Mayor and City Commission approve the Supplemental Agreement, in
the amount of$873,103.7I, as presented by the Florida Department of Transportation.
'. ,
,
Contract :0-:0.
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SUPPLE)-IE:'\TAL AGREDIENT
FLORIDA DEPART"IE:'\T OF TR~:'\SPORTA TlO:'\
JOINT PARTICIPATION and REnIBCRSE"IENT AGREDIE:'\T
North Shore Revitalization Project
tl' ~
This AGREEMENT, made and entered into this 27 day of /t;o/Jf;(. 2001. by and between
the State of Florida, Department ofTranspol1ation. hereinafter referred to as the
DEPARTMENT. and City of Miami Beach. hereinafter referred to as the CITY.
WIT?-iESSETH
WHEREAS, the parties entered into a Joint Participation' and Reimbursement Agreement
on May 5,1995; and
WHEREAS, the purpose of said agreement was for the DEPARTMENT to reimburse the
CITY for cost associated to improvements made to the State Highway System as part of the
North Shore revitalization project which involved a streetscape improvement program to the area
of Collins Avenue from 1500 feel south of63'" Street to 75th Street. and on 71" Street and
Normandy Drive from Collins Avenue to Rue ;-Jotre Dame. The project consist of landscaping.
providing decorative sidewalks and Slreet lights fixtures. decorative crosswalks. drainage.
pavement resurfacing and reconstruction as well as the placement of sidewalk bench furniture;
and
WHEREAS, the City had agreed to routinely and periodically maintain the non-roadway
portion of the constructed improvements made to the State Highway System. (landscaping.
decorative sidewalks, decorative crosswalks. decorative lighting and sidewalk bench furniture);
and
WHEREAS, the Department has agreed to routinely and periodically maintain the
roadway portion, (roadway pavement. drainage, signing and pavement markings). of the
constructed improvements made by the City to the State Highway System; and
WHEREAS, the CITY has completed the project and the eligible PROJECT cost
associated with quantity over-runs exceeded the initial 56.2 t 3.724.00 estimated costs; and
WHEREAS, the purpose of this agreement is for the DEPARTMENT to supplement the
original agreement with an additional Eight Hundred and Seventy-Three Thousand, One
Hundred and Three Dollars and Seventy-One Cents (5873.103.71) for eligible PROJECT costs;
(See. Paragraphs 6 and 7 of the Original Agreement) and
.
Supplomalul Agroemem
Nonb Shore Revitalizaion Project
Page 2 013
WHEREAS, the parties believe that this agreement is in the best interests of the residents
of the State of Florida and for a wonhwhile purpose.
NOW THEREFORE, in consideration of the covenants contained herein, the parties
agree to the following:
1. The DEPARTMENT will supplement the original contract with an additional Eight
Hundred Seventy-Three Thousand, One Hundred Three Dollars and Seventy-One Cents
($873,103.71).
2. The above stated payment is a partial payment to be made by the DEPARTMENT for the
roadway improvements completed by the CITY on the State Highway System, pending
final negotiations.
3. The CITY shall, by the issuance of resolution by its board of Commissioners shall ratify
this Agreement as Exhibit A.
4. It is funher agreed that this agreement shall not alter or change in any manner the force
and effect of the original agreement dated May 5, 1995, except insofar as the same is
altered and amended by this Agreement.
5. Nothing in this Agreement shall be construed to violate the provisions of section 339.135
(6)(a), Florida Statutes (2000), which provides as follows:
The Department, during any fiscal year, shall not expend money, incur any liability, or
enter into any contract which, by its terms, involves the expenditure of money in excess of
the amounts budgeted as available for expenditure during such fiscal year. Any contract,
verbal or written, made in violation of this subsection, is null and void and no money may
be paid on such contract. The Depanment shall require a statement from the Comptroller
of the Depanment that funds are available prior to entering into any such contract or
other binding comminnent of funds. Nothing herein contained shall prevent the making
of a contract for periods exceeding one 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 which are for an amount in excess of $25,000 and which have a term for a
period of more than one year.
'. ,
..,
Supplemental :l.grccment
;\iorth Shore RCVltJliz:1Uon Project
P01ge.3 of]
IN WITNESS WHEREOF, the panies hereto have executed this Agreement. on the day
and year above written.
CITY OF MIAMI BEACH
1;#1
TITLE: MAYOR
NEISEN KASDIN
BY:
ATTEST:MAM.~ r~
TITLE: C ERK OF BOARD
ROBERT PARCHER
-
NOI
aOVneNVl
OJ. SV Q3AO
APPROVED AS TO
FORM & LANGUAGE
& FO EXECUTION
1:! ~ /' P (
STATE OF FLORIDA. DEPART:\IE:'olT
OF TRANSPORTATION
BY:
TITLE: ARY
~
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