95-21650 Reso RESOLUTION NO. 9 5—216 5 0
A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF
MIAMI BEACH,FLORIDA,AUTHORIZING THE ADMINISTRATION TO IMPLEMENT
AN ACCELERATED PROGRAM PLAN TO ENSURE THAT THE COLLINS
AVENUE/INDIAN CREEK BEAUTIFICATION PROJECT IS SUBSTANTIALLY
COMPLETE PRIOR TO THE BEGINNING OF THE HOLIDAY SEASON,ON NOVEMBER
23, 1995(THANKSGIVING DAY); FURTHER AUTHORIZING THE ADMINISTRATION
TO ENTER INTO A JOINT PARTICIPATION AGREEMENT WITH THE FLORIDA
DEPARTMENT OF TRANSPORTATION (FDOT) FOR THE INSTALLATION OF ALL
CONDUIT AND RELATED ELECTRICAL MATERIALS NECESSARY TO SUPPLY
ELECTRICITY TO THE PROJECT,AND APPROVAL FOR THE CITY MANAGER TO
AWARD THE LANDSCAPE INSTALLATION CONTRACT TO THE LOWEST
RESPONSIVE BIDDER DURING THE MONTH OF AUGUST,WITH THE MAYOR AND
CITY COMMISSION TO CONSIDER RATIFYING THIS ACTION,AFTER THE FACT,AT
THE SEPTEMBER 13, 1995 COMMISSION MEETING.
WHEREAS, the Mayor and City Commission, citizens of Miami Beach and the Administration established the
beautification of the Collins Avenue/Indian Creek Corridor as a top priority in the 1994 budget preparation process;and
WHEREAS,in support of this effort,the Collins Avenue/Indian Creek Corridor Beautification Project(Project)was
approved and$1.5 million appropriated to achieve this goal;and
WHEREAS, the City issued a Request for Letters of Interest seeking landscape architects, and selected Edward D.
Stone,Jr.and Associates to design this Project;and
WHEREAS, the Florida Department of Transportation (FDOT)has approved the proposed Project plans and also
offered to assist with the installation of conduit and other electrical materials necessary to provide power to the Project;
and
WHEREAS,to achieve this,the City must enter into a Joint Participation Agreement with the FDOT,to be submitted
by FDOT during the month of August;and
WHEREAS,to further expedite this Project,the City Manager is seeking approval to enter into this Joint Participation
Agreement,subject to review by the City Attorneys Office,as well as award the landscape installation contract to the
lowest qualified bidder during the month of August,with the Mayor and City Commission to consider ratifying this
action at the first City Commission Meeting in September.
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 of the City of Miami Beach,Florida authorize
the Administration to implement an accelerated program to ensure the Collins Avenue/Indian Creek Beautification
Project is substantially completed prior to November 23, 1995; further authorizing the Administration to enter into a
Joint Participation Agreement with the Florida Department of Transportation(FDOT), for the installation of conduit
and related electrical materials necessary to supply electricity to this Project,subject to review by the City Attorney's
Office,and approval for the City Manager to award the landscape installation contract to the lowest responsive bidder
during the month of August,with the Mayor and City Commission to consider ratifyi this action at th ptember
13, 1995 City Commission Meeting.
PASSED AND ADOPTED THIS 12th day of July, 1995.
AT EST:
FMKPPROVED
CITY CLERK LEGAL DEPT. •
By
Date =-4-��
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
COMMISSION MEMORANDUM NO. 567- (25
TO: Mayor Seymour Gelber and
Members of the City Commission DATE: July 12, 1995
FROM: Jose Garcia-Pedrosa
City Manager
SUBJECT: A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF
MIAMI BEACH,FLORIDA,AUTHORIZING THE ADMINISTRATION TO IMPLEMENT
AN ACCELERATED PROGRAM PLAN TO ENSURE THE COLLINS AVENUE/INDIAN
CREEK BEAUTIFICATION PROJECT IS SUBSTANTIALLY COMPLETE PRIOR TO THE
BEGINNING OF THE HOLIDAY SEASON(THANKSGIVING DAY)NOVEMBER 23,1995,
FURTHER AUTHORIZING THE ADMINISTRATION TO ENTER INTO A JOINT
PARTICIPATION AGREEMENT WITH THE FLORIDA DEPARTMENT OF
TRANSPORTATION (FDOT) FOR THE INSTALLATION OF ALL CONDUIT AND
RELATED ELECTRICAL MATERIALS NECESSARY TO SUPPLY ELECTRICITY TO
THE PROJECT, AND APPROVAL FOR THE CITY MANAGER TO AWARD THE
LANDSCAPE INSTALLATION CONTRACT TO THE LOWEST RESPONSIVE BIDDER
DURING THE MONTH OF AUGUST AND RATIFYING THIS ACTION, AFTER THE
FACT,AT THE SEPTEMBER 13, 1995 COMMISSION MEETING.
ADMINISTRATION RECOMMENDATION:
The Administration recommends that the Mayor and Members of the City Commission adopt the attached Resolution
authorizing the Administration to implement an accelerated program plan to ensure the Collins Avenue/Indian Creek
Corridor Beautification Project is substantially complete prior to the beginning of the Holiday season(Thanksgiving
Day)November 23, 1995, further authorizing the Administration to enter into a Joint Participation Agreement with
the Florida Department of Transportation(FDOT) to install the conduit and related electrical materials necessary to
supply the electricity to the project and approval for the City Manager to award the contract for the landscape installation
to the lowest responsive bidder during the month of August and ratifying this action at the September 13, 1995
Commission meeting.
BACKGROUND:
During the 1994 budget hearing the community clearly stated their desire to have Collins Avenue included in the
ongoing landscape beautification process. Their commitment to this project was so strong the citizens were willing to
assume a tax increase to pay for the recommended allocation of$1.5 million for this project to be completed.
The City,through the Recreation,Culture and Parks Department,subsequently issued a Request for Letters of Interest
for Landscape Architects and through a community process selected the internationally renowned firm of Edward D.
Stone,Jr.and Associates to design this world class project.
Continued...
AGENDA ITEM ( \ --, a
DATE -I Z- S
COMMISSION MEMORANDUM NO.
PAGE 2
To date,Stone and Associates has prepared conceptual drawings which were refined through community meetings and
approved by the City Commission at its May 3, 1995 meeting.Immediately following the Commission's approval to
proceed the working drawing were presented to the Florida Department of Transportation for their review and approval.
The first review of the plans was conducted in a meeting at the FDOT offices on May 15, 1995.At that time the majority
of the plan was approved however there were significant sections of the tree planting plan that were not accepted by
FDOT engineers due to concerns related to sight distance standards and the trunk caliper of some of the palm spices.
This review process required Stone and Associates to redesign the areas in question and resubmit the plans to FDOT.
The revisions were completed between May 15, 1995 and May 22, 1995 and a revised set hand delivered to FDOT on
May 23, 1995. On July 7, 1995 FDOT gave their fmal approval of the proposed plans.
Concurrently, the project architects and City staff were working with representatives of Dade County's Public Works
Department,Florida Power and Light Company and the Florida Department of Transportation to identify the specific
locations to make the connections for the electric source required to power the over 300 up lights and irrigation planned
in for the project. This is an extremely critical issue which could ultimately deflate the project if not resolved
satisfactorily. Without the power sources the lighting for the trees could not be installed nor could the automated
irrigation system necessary to water the project be utilized.
On May 28, 1995 a set of the lighting plans was forwarded to Florida Power and Light with the request that they identify
the appropriate power source locations.Only after persistent calling to FP&L by the project's Architects did the FP&L
representatives inform the City they were unable to respond to our request based on their existing records and it would
now require a site analysis of to identify the power sources. This meeting was held on June 23, 1995. In attendance
were representatives from Vice-Mayor's Gottlieb's office,Florida Power and Light Company,Edward D.Stone Jr.,and
Associates and the City's Departments of Public Works and Parks and Recreation. At this meeting the group was
informed that due to Vice Mayor Gottlieb's request FDOT had agreed to move forward their plans to install new mast
arm signal lighting on Collins Avenue and the schedule now was parallel to the beautification program schedule. This
revised schedule offered an excellent opportunity for the City to coordinate the electric power source identification and
required conduit installation with the Florida Department of Transportation. Subsequent to the meeting several
telephone conversations with FDOT,the project architects and City staff a meeting to coordinate all joint work was set.
On June 30, 1995 a meeting was held with all involved parties to establish the action steps necessary to accelerate the
coordinated efforts of both projects. It was determined that the engineers designing the signalization program for FDOT
would include a separate conduit for the City's power needs and install it in concurrently with their work. This will
result in two important actions. First the street will be cut only one time rather than twice if the projects are not
completed together,thus reducing both cost and inconvenience to the residents and secondly the program time line has
been moved ahead now that the specific power sources have been identified. FDOT has agreed to do all required
engineering and installation for the City's conduit requirements with the condition that the City agrees to pay only the
portion of the cost of the installation related to the City's project and that we enter into a Joint Participation Agreement
with FDOT for this work. FDOT is in the process of developing both cost estimates and the WA documents and these
should be available in the next ten working days.
Upon the completion of the identification of the power source points and the electrical engineering the final plans for
the total Collins Avenue/Indian Creek Corridor Beautification Project will be complete.The Stone architects have stated
that if all proceeds as planned the project documents and plans will be available in a final format and ready for bidding
the week of July 24, 1995.
Continued...
COMMISSION MEMORANDUM NO.
PAGE 3
ANALYSIS:
The Collins Avenue/Indian Creek Corridor Beautification Project has experienced unavoidable delays due to the State's
extensive plan review process as well as the need to identify alternate power sources,however viable solutions have
now been identified for these issues. It is the Administration's opinion, based on the work and scheduling plans
developed by the project's consultants and the cooperation being given by the Florida Department of Transportation
that the Collins Avenue/Indian Creek Corridor Beautification Project will successfully achieve the goal of being
substantially complete by November 23, 1995. However, it is imperative that all proposed phases are initiated as
planned and the project move forward without further delay.
CONCLUSION:
The City Administration recommends the Mayor and City Commission adopt the attached resolution authorizing the
administration to implement an accelerated program plan for the completion of the Collins Avenue/Indian Creek
Corridor Beautification Project,enter into a Joint Participation Agreement with the Florida Department of Transportation
for the identification of power sources and installation of the conduit,and further authorizing the City Manager to award
the landscape installation contract to the lowest responsive bidder during the month of August and ratify this action the
first Commission Meeting in September.
RMC/KS/eb
COMMEMODISKH I:COLLINDN.COM
.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FORM 710.010.22
JOINT PROJECT AGREEMENT UTIUTIES-o„ve
UTILITY INSTALLATION BY HIGHWAY CONTRACTOR Page 1 ors
NONREIMBURSABLE
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6114139 87060- 6575 A1A ,906 Dade - ER-92-1-(25)
THIS AGREEMENT, made and entered into this 2 ' day of 56, 342
19 95 , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter referred
to as the FDOT, and the City of Miami Beach
hereinafter referred
to as UTILITY, an organization organized and existing under the laws of the State of Florida with its
principal place of business in Miami Beach , County of Dade , State of Florida
WITNESSETH:
WHEREAS, the FDOT is constructing, reconstructing or otherwise changing a portion of the State Highway
System designated by the FDOT as State Project No. 87060-3569
Road No. Al bet 96th St. and 5th St. , Harding Av. from 72nd St.
Ito 97th St. , Indian Creek DLlve Llom o
$which shall call for the adjustment, relocation and/or
installation of the Utility's 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 FDOT and the UTILITY, said above described UTILITY relocation,
hereinafter referred to as "Utility Work"; and
WHEREAS, the term "Cost of Utility Work" shall include the entire amount paid by the UTILITY properly
attributable to such work; and
WHEREAS, the UTILITY has expressed its desire to assume all costs incurred by this Utility Work and has
requested the FDOT to include in said Project certain plans and specifications to meet the UTILITY'S needs; and
WHEREAS, the FDOT and the UTILITY 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 AGREEMENT, hereinafter
referred to as "JPA," providing for such work;
NOW, THEREFORE, in consideration of the mutual covenants hereinafter contained, it is agreed by the
parties as follows:
1. The FDOT and the UTILITY shall participate in a JPA, the scope of which will cover only the UTILITY
facility within the limits of the project as included in the plans and estimate of the FDOT contract, more specifically
described as the installation of a single conduit run from an existing FPL service point
•
•
FORM 710-010-22
UTILITIES-04/94
Page 2 of S
to a midpoint in designated medians between Indian Creek & 39th St. and Collins
& 58th St.
. The estimated cost of said project is
$ 9/1,085.7a 846 oos• Ib
including allowances; and the method of payment is specified in Exhibit "A" attached hereto and made a part hereof.
2. The UTILITY will prepare, at its expense, the design and plans for all of the necessary Utility Work
specified above, and will furnish to the FDOT no later than , 19 , complete
original plans, same as FDOT's contract plans, all suitable for reproduction by the FDOT, together with a complete
set of specifications covering all construction requirements for the Utility Work. Final plans shall be complete in
every detail and will include a "Summary of Quantities" sheet. It will be the responsibility of the UTILITY to
coordinate the development of the Utility Work plans with the FDOT'S plans. The FDOT, upon request by the
UTILITY, will furnish all available highway information required by the UTILITY for the development of the Utility
Work plans; and the FDOT shall cooperate fully with the UTILITY to this end.
3. All of the work on the JPA is to be done according to the plans and specifications of the FDOT which
plans and specifications are, by reference hereto, made a part hereof. The UTILITY will be responsible for verifying
the accuracy of the FDOT'S underground survey information, and will also be responsible for any changes to the
UTILITY'S plans made necessary by errors or omissions in the FDOT'S survey information as furnished to the
UTILITY. All errors, omissions or changes in the design of the Utility Work will be the sole responsibility of the
UTILITY. In any conflict between UTILITY and FDOT specifications, the FDOT'S specifications will govern.
All Utility Work covering facilities to be relocated to a position within the FDOT right of way will be
accommodated in accordance with the FDOT "Utility Accommodation Manual."
4. The UTILITY, at its expense, will furnish all engineering inspection, testing and monitoring of the Utility
Work, and will also furnish the FDOT'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 be furnished by
the UTILITY under the supervision of the FDOT'S engineer. The coordination of the Utility Work with that of the
FDOT contractor and other UTILITIES and/or their contractors will be the responsibility of the FDOT, and the
UTILITY shall cooperate fully in this matter. All information required for Changes or Supplemental Agreements
pertaining to the Utility Work shall be promptly furnished to the FDOT by the UTILITY upon the request of the
FDOT.
5. The FDOT will provide the necessary engineering supervision to assure construction is in compliance with
the plans and specifications hereinafter referred to, and shall receive all bids for and let all contracts for said Utility
Work all at the sole expense of the UTILITY. All bids for said Utility Work shall be taken into consideration in the
award of hid on the FDOT Project and the UTILITY shall have the right to review and reject any and all bids on the
Utility Work. If said bids exceed the FDOT'S estimated cost by more than ten percent (10%), the FDOT may elect
to participate in the cost involved in the Utility Work. Such participation shall be limited to the difference between
the FDOT'S official estimate plus ten percent (10%) and the amount awarded for the Utility Work. In the event the
FDOT does not elect to participate in the manner prescribed above and the bid is rejected by the UTILITY, then the
UTILITY shall arrange, at its own expense, for the prompt construction of the Utility Work in accordance with the
•
•
FORM 710-010-22
UTILITIES-04/94
Page 3 of 5
relocation schedule submitted by the UTILITY. In the event the UTILITY elects this option, the UTILITY shall
notify the FDOT of its intent and request the refund of the deposited funds. Upon the receipt of such notice, the
FDOT shall amend the highway contract documents prior to award. The UTILITY shall cooperate with the FDOT'S
contractor to schedule the sequence of the UTILITY'S work so as not to delay the work of the FDOT'S contractor.
The UTILITY shall defend any legal claims of the FDOT'S contractor due to delays caused by the UTILITY'S
failure to comply with their relocation schedule, and shall comply with all provision of the law and the FDOT
"Utility Accommodation Manual." The UTILITY shall not be responsible for delays beyond its normal control.
6. All adjustments, relocations, repairs and incidentals required to be performed to the existing utilities
within this project, not included in this contract, will be the sole responsibility of the UTILITY and will be handled
under a separate agreement and utility relocation schedule. All such work is to be coordinated with the construction
of this project and in a manner that will not cause delay to the FDOT contractor.
7. All services and work under the construction contract shall be performed to the satisfaction of the
DISTRICT DIRECTOR OF OPERATIONS or designee, 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 UTILITY agrees that it will, at least seven (7) days prior to the FDOT'S advertising the construction
project for bid, furnish the FDOT an advance payment, including allowances, in the amount of$ 94,085.70 Bti,oo • /b
for payment of said Utility Work. In the event that the actual bid amount plus
allowances is greater than the amount previously provided, the UTILITY agrees that, within fourteen (14) calendar
days of notification by the FDOT, it shall make an additional payment so that the total amount provided prior to
award of the bid equals the bid amount plus allowances. Both parties further agree that in the event final billing
pursuant to the terms of this agreement is less than the advance payment, a refund of the excess will be made by the
FDOT to the UTILITY and that in the event said final billing is greater than the advance payment, the UTILITY will
pay the additional amount within forty (40) days from the date of the invoice.
The payment of funds as required above will be made as follows (choose one):
X Directly to the FDOT for deposit into the State Transportation Trust Fund.
Deposit as provided in the attached Memorandum of Agreement (Exhibit A) between UTILITY,
FDOT, and the Florida Department of Insurance, Division of Treasury.
9. Upon completion and acceptance of the work, the UTILITY shall own, control, maintain and be
responsible for all of its facilities, according to the terms of the utility permit. The UTILITY further agrees to
comply with all provisions of the FDOT "Utility Accommodation Manual."
•
FORM 710-010-22
UTIUTIE. -04/94
Page 4 of S
10. The UTILITY covenants and agrees that it shall, to the extent permitted by law, indemnify, defend, save
and hold harmless the FDOT from any and all legal actions, claims or demands by any person or legal entity against
the FDOT arising out of the joint participation in this Agreement.
11. Upon final payment to the contractor for the entire project, the FDOT shall, within one hundred eighty
(180) days, furnish the UTILITY with two (2) 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 will show the description and site of the project; the date on which
the first work was performed or the date on which the last work was performed or the last item of billed expense was
incurred; and the location where the records and accounts billed can be audited. All cost records and accounts shall
be subject to audit by a representative of the UTILITY within three (3) years after acceptance of the project. In the
event final cost is less than the advance payment, the FDOT will refund the balance to the UTILITY. If the final
cost exceeds the advance payment, the UTILITY will be invoiced for the balance. Upon receipt of the final invoice,
the UTILITY will reimburse the FDOT in the amount of such actual cost within forty (40) days. The UTILITY shall
pay an additional charge of 1% per month on any invoice not paid within the time specified in the preceding sentence
until the invoice is paid.
12. The UTILITY shall pay the FDOT'S reasonable attorneys' fees and court costs if the FDOT prevails in
litigation for the enforcement of the provisions of paragraphs 1, 8 or 12 of this Agreement.
13. This document incorporates and includes all prior negotiations, correspondence, conversations,
agreements or understandings applicable to the matters contained herein, and the parties agree that there are no
commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in
this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior
representation or agreements whether oral or written. It is further agreed that no modification, amendment or
alteration in the terms or conditions contained herein shall be effective unless contained in a written document
executed with the same formality and of equal dignity herewith.
14. This Agreement shall be governed, interpreted and construed according to the laws of the State of
Florida.
15. If any part of this Agreement shall be determined to be invalid or unenforceable by a court of competent
jurisdiction, or by any other legally constituted body having the jurisdiction to make such determination, the
remainder of this Agreement shall remain in full force and effect provided that the part of the Agreement thus
invalidated or declared unenforceable is not material to the intended operation of this Agreement.
FORM 710-010-22
UTILITIES-04/94
Page 5 of S
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by their duly
authorized officers, and their official seals hereto affixed, the day and year first above written.
FORM APPROVED
UTILITY: City of Miami Beach LEGAL D PT.
By * _
BY: ii
Jose Garcia-Pedrosa '<<- _9"2+'SS
(T e: City Manager ) (SEAL)
ATTEST(s):
Jack Lubin
(Title: City Clerk )
FDOT Approved as to Form, Legality and Exe ion
BY: 4)gQZ' Y: r
Attorney District Utility Engineer
STATE OF FLORID •
DEPARTMENT 0 'A $ 'TATION
kl
BY: 1 _r11
iikl .r eA_
IV Nik
4ITFitle: Dis ict secretary
(SEAL)
ATTEST(s):
4,,,y.,
(Title: -lCeSydlit-e See-eel-al )
RECYCLED PAPER
•
JPA AMOUNT = 75, 004. 60
DEPARTMENT OVERHEAD CHARGES:
MOT AT 2% = 1500. 10
MOBILIZATION AT 5% = 3750. 23
CEA AT 5% = 3750. 23
TOTAL JPA COST ESTIMATE AMOUNT = 84, 005. 16