Loading...
RESOLUTION 92-20435 • • City of Miami Beach - CITY CLERK'S OFFICE 4 JANUARY 22, 1992 D. COMMISSION MEMORANDUM NO.26-92 JOINT PROJECT AGREEMENT WITH THE STATE OF FLORIDA,DEPARTMENT OF TRANSPORTATION FOR ADJUSTMENT OF UTILITY STRUCTURES-RESURFACING OF S.R.AlA (COLLINS AND HARDING AVENUES)FROM 75TH STREET TO 96TH STREET. 1. CITY RESOLUTION-UTILITY INSTALLATIONS. 2. JOINT PROJECT AGREEMENT. ADMINISTRATION RECOMMENDATION: THAT THE COMMISSION ADOPT THE RESOLUTION AUTHORIZING EXECUTION OF AGREEMENTS IN CONJUNCTION WITH THE ABOVE PROJECT. JANUARY 22, 1992 (PUBLIC WORKS DEPARTMENT) ACTION: Resolution No. 92-20435 adopted,authorizing Agreements for adjustment of 90 water valve/main boxes and sanitary sewer manhole structures to grade in the designated area of A 1 A(Utility Job 6551);estimated City cost- $27,000,to be funded from the Sanitary Sewer and Water Funds. (Vote: 7-0.) Date Printed: 2/07/00 Time Printed: 9:25:03 AM Source Database: C:\DATA\AFTERACT\CLERK84.NFO • FORM 7211-:11A 2/11) STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 'AGE OF a DIVISION OF PRECONSTRUCTICuN • DESIGN JOINT PROJECT AGREEMENT • - UTILITY INSTALLATION BY HIGHWAY CONTRACTOR (Municipal) W. P. T . No : 6113676 COUNTY SECTION UTILITY JOS NO. STATE ROAD NO. COUNTY NAME PARCEL • R/W JOS NO. 87 060 6551 A-1-A DADE 1 R/W N/A THIS AGREEMENT, made and entered into this day of 19 by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the DEPARTMENT, and the CITY OF MIAMI B EACH 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. 3551 , Road No. A-1-A between 75 th Street and 96th Street ' , which shall call for the adjustment, relocation and/or installation of CITY water,. sewer 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 'acknowle_dged, and in further consideration of the mutual covenants hereinafter contained, it is agreed by the parties as follows: • •..-. -� ...fir--.`.1. ..... w ••-.•-��.-�►�•...+•;.•• A ww*•r. 11 ►it0P4, • • ,, 1. The DEPARTMENT and the CITY shall participate in a JOINT PROJECT, the &cope of which will cover only CITY utility facilities within the limits of the project as included in the plans and estimate of the highway contract, more specifically described as adjustment of water valves boxes , water- main boxes & sanitary sewer manholes . • • 2. The CITY will prepare, at its expense, the design and plans for all of the CITY'S necessary "Utility Work" specified above, and will furnish to the DEPARTMENT no later than N/A. 199_ , complete originalplans on standard size sheets (22" x 36" , all P g ) suitable for reproduction by the DEPARTMENT, together' with a compete set of specifications covering all construction requirements for the "Utility ,Work." Final "Utility Work" plans shall bre complete in every detail and will include a "Summary of Quantities" sheet. It will be the responsibility of the CITY to coordinate the development of the "Utility Work" plans with the DEPARTMENT'S highway job plans. The DEPARTMENT, upon request by the CITY, will furnish all available high a‘ information required by the CITY for the development of the "Utility Work" plans; and the DEPARTMENT shall iogperate hilly with tire 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 which plans and specifications are, by reference hereto, made a part hereof. The CITY will be responsible for verifying the accuracy of the DEPARTMENT'S underground survey information, and will also ie responsible for any changes to the CITY'S plans made necessary by errors or omissions in the DEPARTMENT'S survey information as furnished to the CITY. All errors, omissions, or changes in the design of the CITY'S "Utility. Work" will be the sole responsibility of•the CITY. In any conflict between CITY and DEPARTMENT specifications, the DEPARTMENT'S specifications will govern. • 4. The CITY, on request and at its expense, will furnish all engineering inspection, testing and supervision of the "Utility- Work," and 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 "Ut;..ty Work" will be furnished by the CITY under the supervision of the DEPARTMENT'S ENGINEER. The coordination of the CITY'S "Utility Work" with that of the highway contractor and other utilities and/or their contractors will lbe the responsibility of tire DEPARTMENT, and the CITY shall cooperate fully in this matter. All r information required for Change Orders or Supplemental Agreements pertaining to the CITY'S "Utility Rork" shall be promptly furnished to the DEPARTMENT by the Cl i ' upon the request of the DEPARTMENT. 5. The DEPARTMENT will provide the necessary- en inecrinsu ,ervisi►►ri t•► a--rrre• construrtron is in compliance with the plans and specific•atiun Ir rc•inabc,ve n f'•rrcd to. and �h:►ll ,,,• receive all bids for and let all contracts for-said "l Wort," all frt'thc• s(le ex ,►_•n e of the (:1T' . All bids for said Utility Work shall be taken into consideration in tire award of bid on a` Jo d► and the CITY shall have the right to reject c t airy or all bids on the "Utility Work" if said lid- rf.at l% exceed the CITY'S estimated cost. In the event of rejection of bids for the "Utilit\ 1` irk." the highway contract documents will be so amended prior to award and the CITY will. at it, i•\ ►�•r� l 12 PAIAE O. or a/ arrange for theP 6 delayrompt construction of the "Ut' 'ty' Work" so as to cause no to the prosecution of the highway work by the DEPARTMENT'S contractor. 6. All adjustment, relocations. repairs and incidentals required to be performed to the existing CITY utilities within this project. not included in this contract, will be the sole responsibility of the CITY. All such work is to be coordinated with the construction of this project and in a manner that will nut cause.delay to tire highway contractor. 7. All services and work under the construction contract shall be performed to the satisfaction of the DEPARTMENT'S Director, Division of Construction, , and he shall decide all questions, difficulties and disputes of whatever nature, which may arise under or by reason of such contract for "Utility Work"; the prosecution and fulfillment of the services thereunder, and the character, quality, amount and value thereof; and his decision upon all claims, questions and disputes thereunder shall be final and conclusive upon the parties hereto.. 8. The CITY agrees that it will, upon the execution of this agreement furnish to the DEPARTMENT as a deposit for the estimated payment of said "Utility Work" in the amount of S 27,000.00 That the DEPARTMENT may utilize said deposit for the payment ofsaid "Utility Work"; and the parties hereto further agree that in 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 in the event said final billing is greater than said deposit, said final billing will be paid 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 involved, according to the terms of the standard permit required by the State Statutes for occupancy of public rights of way.The CITY further agrees that it will maintain and keep in repair. or cause to be maintained and kept in repair. all of such constructed facilities or utilities within the right of way of said State Road. to'comply with all provisions of law and of the DEPARTMENT'S manual with amendments and specifications for traffic control routing and parking and to conform with the regulations of the DEPARTMENT pertaining thereto. 10. The CITY shall defend. save and hold harmless the DEPARTMENT from any and all legal actions. claims or demands by any person or legal entity against the DEPARTMENT arising out of the participation in this Agreement by the CITY or use by the CITY of the completed "Utility Work " to the extent allowable by Section 768.28 Florida Statutes, however, said indemnification i s limited to and shall not exceed the contract amount of $27 ,000.00 or S 1wh i c h ever. i s 11 s'L on comPotron �e .w ork, the DEPARTMENT shall, within thin one hundred eighty (180) days furnish the CITY with two (') copies of its final and complete billing of all cost incurred in -connection. with the work performed hereunder, such statement to follow as closely as possible the order of the items contained in the job estimate. The final billing shall show the description and site of the project: the date 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 N%as performed or the last item of billed expense was incurred; and the location where the records and accounts bill can be audited. Adequate 13 sta:Q 4 V p O • reference shall be made in the billing to the DEPARTMENT'S records,'accounts or other relevant documents. All cost records and accounts shall be subject to audit by a representative of the CITY. Upon receipt of invoices .prepared in accordance with the provision of DEPARTMENT Procedure No. 132-046 "Reimbursement for Utility and Railroad Relocation," dated October 1, 1973, the CITY agrees to reimburse the DEPARTMENT in the amount of such actual cost. • IN FITNESS WHEREOF, heP artles hereto have caused these presents to be executed by their dul • authorized officers, and their officials seals hereto affixed, the day and year first above written. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATK,N BY: • (SEAL) Director, of Preconstruction and Design ATTEST: Executive Secretary CITY OF , FLORIDA FORM APPROVED BY: S L DEPT. (Title: 6 ac..,... ATTEST: • - - Data7 . l l l,1• • Approved as to Form, Legality and Execution • STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY: Assistant Attorney • r • • CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010 FAX: (305) 673-7782 COMMISSION MEMORANDUM NO. DATE: January 22, 1992 TO: Mayor Seymour Gelber and Members of the City Commission ,moi►' FROM: Carla Bernabei Talarico City Manager JOINT PROJECT AGREEMENT BETWEEN THE FLORIDA DEPARTMENT SUBJECT: OF TRANSPORTATION AND THE CITY OF MIAMI BEACH FOR ADJUSTMENT OF UTILITY STRUCTURES - RESURFACING OF COLLINS AVENUE AND HARDING AVENUE FROM 75 STREET-96 STREET The Florida Department of Transportation will resurface Collins Avenue and Harding Avenue from 75 Street to 96 Street in the spring of 1992 . The City has 90 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 $27, 000. 00 and funds for this purpose will be provided from the Sanitary Sewer and Water Funds. CBT/RAG/DR/b • .. 09 AGENDA ITEM DATE ORIGINAL RESOLUTION NO. 92-20435 Regarding utility joint project agreement between the City of Miami Beach and the State of Florida Department of Transporta- tion; authorizing the execution of such agreements and authorizing the placing of funds with the State of Florida Department of Transportation for the completion of the utility installation.