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