99-23291 RESO
RESOLUTION NO.
99-23291
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING
THE CITY MANAGER TO EXECUTE A LETTER OF AGREEMENT
AMONG THE CITY OF MIAMI BEACH, FLORIDA DEPARTMENT OF
TRANSPORT A TION (F.D.O.T.), AND WEEKLY ASPHAL T PAVING, INC.;
IN SETTLEMENT OF ALL MATTERS ARISING FROM DAMAGES
CAUSED TO THE EXISTING IRRIGATION SYSTEM DUE TO THE
INSTALLATION OF THE MEDIAN GUARDRAIL ON THE CENTER
MEDIAN OF THE MACARTHUR CAUSEWAY.
WHEREAS, in 1994, the Mayor and City Commission approved a Memorandum of Agreement with
F.D.O.T. to provide for maintenance oflandscaping along the MacArthur Causeway, for a total of $150,000
per year, to be paid to the City; and
WHEREAS, in November] 998, the Florida Department of Transportation (FOOT) entered into a
contract with Weekly Asphalt Paving, Inc., to install a guardrail along the center median of the MacArthur
Causeway; and
WHEREAS, during the installation of the guardrail on the above specified medians, the water main
for the existing irrigation system was unavoidably damaged; and
WHEREAS, the FOOT has agreed to compensate the City, in the amount of$ 55,000, to be utilized
to restore the site and the City wishes to enter into the attached Letter of Agreement in order to resolve this
Issue.
NOW THEREFORE, BE IT DULY RESOL YED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, that the City Manager is hereby authorized to execute a Letter
of Agreement among the City of Miami Beach, Florida Department of Transportation (FOOT), and Weekly
Asphalt Paving, Inc., in settlement of all matters arising from damages caused to the existing irrigation system
due to the installation of the median guardrail on the center median of the MacArthur Causeway.
PASSED and ADOPTED this] 7th day of September 1999.
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ATTEST:
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CITY CLERK
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
JGP/JPiKS/JO/OM
T:IAGENDAII999ISEP 1499IREGULARIFDOTRES.WPD
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CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http:\\cLmiami-beach.f1.us
COMMISSION MEMORANDUM NO. Go 1... 5 -41
TO:
Mayor Neisen O. Kasdin and
Members of the City C mission
DATE: September 14, 1999
FROM: Sergio Rodriguez
City Manager
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING
THE CITY MANAGER TO EXECUTE A LETTER OF AGREEMENT
AMONG THE CITY OF MIAMI BEACH, FLORIDA DEPARTMENT OF
TRANSPORTATION (F.D.O.T.),ANDWEEKLY ASPHALT PAVING, INC.;
IN SETTLEMENT OF ALL MATTERS ARISING FROM DAMAGES
CAUSED TO THE EXISTING IRRIGATION SYSTEM DUE TO THE
INSTALLATION OF THE MEDIAN GUARDRAIL ON THE CENTER
MEDIAN OF THE MACARTHUR CAUSEWAY.
ADMINISTRATION RECOMMENDATION:
Adopt the Resolution.
BACKGROUND:
In 1994, the City Commission approved a Memorandum of Agreement with F .D.O. T. to provide for
maintenance of landscaping along the Mac Arthur Causeway, specifically from the east end of
Watson Island to Aiton Road. In accordance with this agreement, F.D.O.T. pays to the City
$150,000 annually for landscape maintenance for the areas as designated.
In November 1998, the Florida Department of Transportation entered into a contract with Weekly
Asphalt Paving, Inc. to install a guardrail along the center median of the Mac Arthur Causeway, from
Watson Island East to the Entrance for the Fisher Island ferry landing.
During the installation of the guardrail on the above specified medians, the Department's contractor,
Weekly Asphalt Paving, Inc., damaged the water main for the existing irrigation system. The water
main is the single source of water that supplies all of the individual median irrigation zones. The
subsequent lack of water to the project has had a detrimental effect on the existing palms and other
plant material. The Florida Department of Transportation has determined that the damage to the
existing irrigation main was unavoidable due to a direct conflict of the existing water main site and
AGENDA ITEM C. 1 L
DATE~
the required installation location of the guardrail. Damage occurred to the irrigation system and loss
of some of the plant material prior to the start of the guardrail project, due in part from vehicular
accidents, lightning/wind damage. The determination has been made to share the restoration costs
between the City and the Florida Department of Transportation. The planned restoration for the area
includes the following: installation of a new irrigation system, installation of new turf in bare areas,
and installation of additional hedge material. The total estimate to complete this work is $ 113,000
with the Florida Department of Transportation and the City sharing the cost. The FDOT has offered
to contribute $55.000 towards the restoration work and the City would incur the remaining $58.000.
Funds are available within the Parks and Recreation Department from existing Mac Arthur
Causeway maintenance funds and from within the Department, to pay the City's share of the
expense.
ANALYSIS:
In order to receive the F.D.O.T. funding in the lump sum amount of $55,000 to replace the irrigation
system and lost landscape materials, the City must execute this letter of agreement. Authorization
to receive these funds will permit the replacement of damaged material in this major thoroughfare
that serves as a gateway to our community.
CONCLUSION
Adopt the ~lution.
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SR/JAG/KS/JO/eb
T:\AGENDAI1999ISEP1499\REGULARIFDOTMCAR COM
Mac Arthur Causeway Guardrail
State Project Number: 87060-3543
LETTER OF AGREEMENT
This Agreement made and entered this 17 thth day of ,:;ept. 1999 between the State of Florida, Department of
Transportation, hereinafter called the Department, Weekley Asphalt Paving, Inc., hereinafter called the Department's
contractor, and the City of Miami Beach, hereinafter called the City.
In an effort to resolve all outstanding disputed issues, in the spirit of cooperation and partnering and in the best interest
of the public, the parties herein agree to the following undisputed facts regarding the Installation of the Guardrail and
Construction of Traffic Railing on MacArthur Causeway and the MacArthur Causeway bridge in Miami Beach:
During the installation of the guardrail on the MacArthur Causeway Median, the Department's contractor damaged the
water main of the existing irrigation system, this water main was in direct conflict with the guardrail posts, therefore
the contractor could not save this existing water main. This was an unforeseen condition since the contract plans did
not show the irrigation system watermain.
The parties agree that in order to properly install the guardrail the existing irrigation system had to be partially damaged
and needed to be repaired after the installation of the guardrail was completed. The parties also agree that the contractor
and the Department were careful during this guardrail installation and because of the conflict betweeen the location of
the posts and the existing water main, the irrigation system could not be saved from being damaged.
The City of Miami Beach has agreed to settle their claim for a total sum of$ 55,000.00, The Department will pay the
Department's Contractor the amount of $32,000, the Department's Contractor agrees to forward equal payment to the
City of Miami Beach and the Department of Transportation will pay the remaining $23,000.00 as full and complete
satisfaction of all settlement claims as of the date of this Agreement.
All parties agree that the payment of $55,000.00 to the City of Miami Beach constitutes full and complete settlement
of all matters arising from this contract. This settlement includes, but is not limited to, all direct and indirect costs for
repairing the existing irrigation system and landscape replacement. The City of Miami Beach hereby releases the
Department and the Department's contractors from all claims, known or unknown as of the date of this Agreement.
. . . ,,~'-~
~n rtletllpt efth", r""lHtlRt, "J.l.-parlie.i_agree to.reltJIiSI:nma A91a \1l1<;:h nJ-hwr RilJm.l"B5....ef 8RY fittl:lrw ,Iat.. roll18ti.8xtQ Q)~ "
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driguez
anager
City of Miami Beach
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Daniel D. Weekley--~
President Construction
Weekley Asphalt Paving, Inc.
CONTRACT NO.:B-B784
FIN/PROJECT NO.:25308717202
COUNTY :~
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
AMENDMENT NO. 2
~h
THIS AGREEMENT, ~~de and entered into this 2..f. day
of :::rANVA~ ~, by and between the STATE OF FLORIDA
DEPARTMENT F TRANSPORTATION, an agency of the State of Florida,
hereinafter called the DEPARTMENT, and the City of Miami Beach of
1700 Convention Center Drive. Miami Beach. Florida 33139 a
political subdivision of the State of Florida, hereinafter called
the CITY.
WIT N ESE T H :
WHEREAS, the DEPARTMENT and the CITY heretofore on the ~
day of June 1998, entered into an AGREEMENT whereby the DEPARTMENT
retained the CITY to provide turf and landscape maintenance
services on SR AlA. (MacArthur Causeway) ; and
WHEREAS, the DEPARTMENT has determined it necessary to amend
the AGREEMENT to finalize the re<J:uirements of the Letter of
Agreement document executed on October 4. 1999. between the CITY.
Weekly Asphalt Paving. Inc. and the DEPARTMENT. attached hereto as
Attachment "A". which by reference hereto shall become a part
hereof.
WHEREAS, the CITY by Resolution No. 99-23291 dated 17th day
of September 1999, attached hereto as part of Attachment "A", which
by reference hereto shall become a part hereof, authorized its
officers to execute an AGREEMENT to resolve the damaged watermain
issue on the MacArthur Causeway median.
NOW, THEREFORE, this AGREEMENT witnesseth the following
amendments are made;
The DEPARTMENT agrees to reimburse the CITY with a one time
lump sum payment of $23,000.00 as full and complete satisfaction of
all settlement claims associated with the damage to the water main
of the existing irrigation system on the MacArthur Causeway Median.
EXCEPT as hereby modified, amended, or changed, all of the
terms and conditions of said Agreement and any supplements and
amendments thereto shall remain in full force and effect.
1
Contract No.: B-B784
Amendment No. 2
IN WITNESS WHEREOF, the parties hereto have caused these
presents to be executed, the day and year first above written.
CITY OF MIAMI BEACH
ATTEST: rJ1w~ ftuduA
City Clerk
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
BY:
~iS
or Desi9I1J=e
----
ATTEST:
Exe
(SEAL)
APPROVED AS TO LEGAL
~
City Attorne~
APPROVED AS TO
FORM 8. LANGUAGE
& fOR EXECUTION
41( i41()J~II... /),.-/ - 9~
~i~ Date
BY
2
ATTACHMENT A
3
-
Mac Arthur Causeway Guardrail
State Project Number: 87060-3543
LETTER OF AGREEMENT
This Agreement made and entered this _th day of August 1999 between the State of Florida, Department of
Transportation, hereinafter called the Department, Weekley Asphalt Paving, Inc., hereinafter called the Department's
contractor,and the City of Miami Beach, hereinafter called the City.
In an effort to resolve all outstanding disputed issues, in the spirit of cooperation and partnering and in the best interest
of the public, the parties herein agree to the following undisputed facts regarding the Installation of the Guardrail and
Construction of Traffic Railing on MacArthur Causeway and the MacArthur Causeway bridge in Miami Beach:
During the installation of the guardrail on the MacArthur Causeway Median, the Department's contractor damaged the
water main of the existing irrigation system, this water main was in direct conflict with the guardrail post,>, tl1erl'l'ore
the contractor could not save this existing water main. This was an unforeseen condition since the contract plans did
not show the irrigation system watermain.
The parties agree that in order to properly install the guardrail the existing irrigation system had to be partially damaged
and needed to be repaired after the installation of the guardrail was completed. The parties also agree that the contractor
and the Department were careful during this guardrail installation and because of the conflict betweeen the location of
the posts and the existing water main, the irrigation system could not be saved from being damaged.
The City of Miami Beach has agreed to settle their claim for a total sum of$ 55,000.00, The Department will pay the
Department's Contractor the amount of $32,000, the Department's Cqntractor agrees to forward equal payment to the
City of Miami Beach and the Department of Transportation will pay the remaining $23,000.00 as full and complete
satisfaction of all settlement claims as of the date of this Agreement.
All parties agree that the payment of$55,000.00 to the City of Miami Beach constitutes full and complete settlement
of all matters arising from this contract. This settlement includes, but is not limited to, all direct and indirect costs for
repairing the existing irrigation system and landscape replacement. The City of Miami Beach hereby .. ~leases the
i Department and the Department's contractors from all claims, known or unknown as of the date of thic; ~ gr('l'!)pnt.
...u~on r~ceiflt of the pa}l1l"uL, <111 parties agree [0 rel~(C;~ clUJ hulJ ~<1ch other harmless ot any fuL......e 1:1";T1J~ relllted~
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District Operations ~eeretal'Y (;",1..
District Six, FDOT
............ . ......1
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Daniel D. Weekley ~
President Construction
Weekley Asphalt Paving, Inc.
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JEB BUSH
GOVERNOR
~
Florida Department of Transportation
District Six Maintenance
1000 N.W. III th Avenue, Suite 6214
Miami, Florida 33172
(305) 470-5434
THOMAS F. BARRY, JR.
SECRETARY
January 24, 2000
Kevin Smith
Director of Recreation, Culture and Parks
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
RE: Amendment No.2
Contract No.: B-B784, MacArthur Cswy Turf and Landscape Maintenance
Agreement
Fin/Job No.: 25308717202
County: Miami-Dade
Dear Mr. Smith:
Enclosed for the City's records is an executed original amendment. The City may
invoice the Department for the $23,000.00 at its convenience.
Sincerely,
~0~
Arnaldo Fernandez, Jr.
cc: File
www.dot.state.fl.us
(!) RECYCLED PAPER
JEll Bl'SH
GOVERV)R
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Florida Department of Transportation
District Maintenance Office
1000 N.W. lllth Avenue, Room 6214
Miami. Florida 33172
Office: (305) -+ 70-5434
THOi\IAS F. BARRY..JR.
SECRETARY
November 1 L 1999
Kevin Smith
Recreation, Culture and Parks Department Director
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Fl. 33139
RE: AMENDMENT NO. ')
Contract No.: B-B-784, MacArthur Cswy Turf and Landscape Maintenance Agreement
Fin/Project No.:25308717202
County: Miami-Dade
Dear Mr. Smith:
As per our conversation, enclosed are three (3) identical amendments for the City Manager to
execute. The amendment will finalize the requirements of the Letter of Agreement signed by the
City of Miami Beach, Weekly Asphalt Paving, Inc. and the Department on October 4, 1999. The
total sum of the agreement is $55,000.00.
The City has already received an amount of $32.000.00 from Weekly Asphalt Paving, Inc. The
source of this payment was the Department's Construction Project number 87060-3543. The
$23,000.00 owed to the City will come from the Department's Maintenance Project number
25308717202. This is a different type of funding source and requires that the agreement referenced
above be amended to allow for the one time lump sum payment of $23,000.00 to be made.
Please return all three documents to me once executed and enclose a City invoice for the amount
owed. Thank you for your assistance with this matter.
Sincerely, ~
4 "ffir -
I /
~
Arnaldo Fernandez. Jr.
Assistant Maintenance Contracts Engineer
cc: Gus Pego. Ron Steiner, Jorge Fernandez, File
www.dot.state.fl.us
(!) RECYCLED PAPER
~
Florida Department of Transportation
.fEB BlJSH
GOVERNOR
MEMORANDUM
TO:
Michael Alvarez,
City of Miami Beach Public Works Department
Carlos G. Gonzalez, F.D.O.T., Project Engineer ~
FROM:
DATE: October 12, 1999
RE: SR AlA Mac Arthur Causeway
Fin. No.: 25018315201
W.P.I. No.: 6114360
State Project No.: 87060-3543
Contract No.: 20,180
Federal Aid No.: 6l76(012)U
County/Section No.: 87-060
SUBJECT: Three Party Agreement/Check for $32,000.00
THOMAS I( BARRY, .fR.
S~:CRKI"ARY
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Enclosed find a check in the amount of $32,000. 00 payable to the order of the City of Miami
Beach by Weekley Asphalt Paving, Inc. and an original copy of the executed Three Party
Letter of Agreement between the State of Florida Department of Transportation, the City of
Miami Beach and Weekley Asphalt Paving, Inc.
~~c:!.\"'-.9 \~ 4> 23...DOC. 5tt.CM.~8 ~L"~l.':-rA.Rrf"'\.'e.~
0-\ \~"'Sf~aT~~lON...
~ Date: /0//2.-/99
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cc: Gus Graupera, P.E., South Dade/Monroe County Resident Engineer
Stephanie Grindell, P.E., Assistant Resident Engineer
Job File
www.dot.state.fl.us
m RECYCLED PAPER
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