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
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OFFICE OF THE CITY MANAGER CITY HALL
ROB W.PARKINS 1700 CONVENTION CENTER DRIVE
CITY MANAGER TELEPHONE: 673-7010
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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
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anag •nt and Budget
10
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AGENDA
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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:
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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
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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)