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HomeMy WebLinkAboutR-91-0534J-91-558 7/10/91 RESOLUTION NO. A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE CITY MANAGER TO EXECUTE THE MEMORANDUM OF AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE PURPOSE OF THE CITY CONDUCTING THE PRELIMINARY ENGINEERING OF THE BISCAYNE BOULEVARD NEW WORLD DESIGN PROJECT FOR THE $1,700,000 DESIGNATED FUNDING. WHEREAS, the Commission of the City of Miami, by Resolution No. 88-628, adopted on July 14, 1988, approved, in principle, the Master Design Plan for BISCAYNE BOULEVARD, referred to as the BISCAYNE BOULEVARD NEW WORLD DESIGN, prepared by Roberto Burle- Marx, dated April 20, 1988, hereinafter referred to as the "BISCAYNE BOULEVARD NEW WORLD DESIGN", as a development standard for improvements to BISCAYNE BOULEVARD public right-of-way and adjacent sidewalk areas from the Miami River to Northeast 18th Street; and WHEREAS, the Fiscal Year 1991 United States Department of Transportation Appropriations Act (P.L. 101-516), dated November 5, 1990, appropriated $48,293,000 out of the General Fund to carry out feasibility studies, preliminary engineering and environmental studies and right of way acquisition for certain highway and bicycle transportation projects that demonstrate methods of promoting economic development; and WHEREAS, the Conference Report of the United States Congress, House Report 101-892 dated October 16, 1990, provides $1,700,000 of these funds to be used on Florida's Biscayne Boulevard Preliminary Engineering Highway Demonstration Project in Miami, Florida, hereinafter referred to as the "Project"; and WHEREAS, the State of Florida Department of Transportation was itauthorized to obligate these funds by memorandum, dated February 8, 1991, from the Federal Highway Administration; and . L CONTAINED CITY COMMISSION MEETING OF J U L 11 1931 91- 534 "MmM OR WHEREAS, Biscayne Boulevard (State Road 5) is part of the State Highway System under the jurisdiction of the Florida Department of Transportation; and WHEREAS, the City of Miami and the Florida Department of Transportation mutually recognize that the preliminary engineering to implement the "BISCAYNE BOULEVARD NEW WORLD DESIGN" would be i more efficiently and effectively performed by the City of Miami; and WHEREAS, the City of Miami and the Florida Department of Transportation mutually recognize the need for initially entering into a Memorandum of Agreement to establish that the City shall conduct the preliminary engineering of the project for the $1,700,000 designated funding under the management and supervision of the Florida Department of Transportation, and further setting forth the City's responsibility for its local share of project costs; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The City Manager is hereby authorized to execute a Memorandum of Agreement, "I in substantially the attached form, with the State of Florida Department of Transportation for the purpose of the City conducting the preliminary engineering of the Biscayne Boulevard New World Design Project for the $1,700,000 designated funding. Section 3. This Resolution shall become effective immediately upon its adoption. The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, ' including but not limited to those prescribed by applicable City Charter and Code provisions. 91- 534 - li PASSED AND ADOPTED this 11th ATT8GT MATTY HIRAI, CITY CLERK SUBMITTED BY: LU A RIETO-PORTAR, Ph.D., P.E. RECTOR OF PUBLIC WORKS LEGAL REVIEW BY: ll� lok)�N- G. M RIAM MAER CHIEF ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: n _ J GE L. F RNANDEZ CI Y ATTOINEY GMM:ra:M2358 1991. MEMORANDUM OF AGREEMENT THIS AGREEMENT, made and entered into this , day of , by and between the State of Florida Department of Transportation, hereinafter referred to as the "Department" and the City of Miami, hereinafter referred to as the "City"; W I T N E S S E T H: WHEREAS, Biscayne Boulevard has been historically recognized as the primary entrance to downtown Miami, and a symbol of the City; and WHEREAS, the City has by Resolution No. 88-628 approved the Master Design Plan for Biscayne Boulevard ("Boulevard") from the Miami River to N.E. 18th Street that had been commissioned by the New World Foundation and prepared by Landscape Architect and designer, Roberto Burle-Marx for the Boulevard, and unveiled on May 12, 1988; and WHEREAS, the Fiscal Year 1991 United States Department of Transportation Appropriations Act (P.L. 101-516), dated November 5, 1990 appropriated $48,293,000 out of the General Fund to carry out feasibility studies, preliminary engineering and environmental studies and right-of-way acquisition for certain highway and bicycle transportation projects that demonstrate methods of promoting economic development; and 91-- 534 it I WHEREAS, the Conference Report of the United States Congress, House Report 101 - 892 dated October 16, 1990, provides $1,700,000 of these funds to be used on Florida's Biscayne Boulevard Preliminary Engineering Highway 'Demonstration Project in Miami, Florida hereinafter referred to as the "Project"; and WHEREAS, the Florida Department of Transportation was authorized to obligate these funds by memorandum dated February 8, 1991 from the Federal Highway Administration; and WHEREAS, the parties, agree that the renewal and redevelopment in the City promotes economic development and demonstrates the enhancement of a traditional highway project. NOW, THEREFORE, in consideration of these premises and covenants contained herein the parties agree to the following: 1. The City shall conduct the preliminary engineering study under the management and supervision of the Department which includes project development, final designs and construction plans as further detailed in Exhibit A . 2. The City shall be responsible for 20% of all project costs or any amount which exceeds $1,700,000 whichever is greater. This amount shall hereinafter be referred to as the City's local share. - 2 - gi - 534 3. The City's local share will provide, among other things, that: (a) the City will be credited for in - kind - services to be provided by it for the Project as agreed upon by the parties; and, (b) in the event, the Surface Transportation Assistance Act of 1991 is enacted to allow it, the City will be credited for the fair market value of the land the City contributes to the Project. (c) in the event, the Surface Transportation Assistance Act of 1991 does not allow the credit described in Paragraph 4(b) above, the City will be responsible for the balance of the local share. 4. The parties agree that the terms of this Memorandum of Agreement shall govern the preliminary engineering phase of the project only. Subsequent phases, including but not limited to construction, shall be subject to future agreements between the parties. 5. In the event that the preliminary engineering for which this Project is being undertaken is not completed by the close of the fifth fiscal year following the fiscal year in which this Agreement is executed, the City will repay to the Federal Highway Administration the sum or sums of Federal funds paid to the City under the terms of this Agreement unless the Project is cancelled or construction is not funded. 6. The Department shall have absolutely no financial responsibility or obligation under this Agreement to the City except to administer and pay to the City those Federal funds allocated to the Project. 1. This Agreement may be changed or amended by mutual agreement but only if it is in writing and signed by both parties. 8. The DEPARTMENT shall disburse funds to the CITY, in accordance with Exhibit 8, a-ttached hereto and made a part hereof, provided however said disbursement 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 access of the amount budgeted as available for expenditure during 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 state 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 in succeeding fiscal years and this paragraph shall be incorporated verbatim in contracts of the Department in excess of $25,000.00 having a term for a period of more than one (1 ) year. " 9. 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. - 4 - 91- 534 10. Bills for fees or other compensation for services I; or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof, and that bills for travel expenses specifically authorized by this Agreement shall be submitted and paid in accordance with the rates specified in Section 112.061, Florida Statutes. 11. The CITY shall allow public access to all docume nts, dopapers, -, p p s, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, made or received by the CITY in conjunction with this Agreement. Failure by the CITY to grant such public access shall be grounds for immediate unilateral cancellation of this Agreement by the Department. 12. CITY hereby agrees to indemnify, defend, save, and hold harmless the DEPARTMENT from all claims, demands, liabilities, and suits of any nature whatsoever arising out of, ii because of, or due to the breach of this Agreement by CITY, its I• agents, or employees. It is specifically understood and agreed that this indemnification clause does not cover or indemnify the DEPARTMENT for its sole negligency or breach of contract. IN WITNESS WHEREOF, the CITY OF MIAMI and the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION have caused these presents to be executed in their respective names by the proper officials f the day and year first above written. - 5 - 91- 534 WITNESSES: WITNESSES: ATTEST: CITY CLERK WPI No: JOB No: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION DISTRICT SECRETARY EXECUTIVE SECRETARY CITY OF MIAMI MIAMI, FLORIDA CITY MANAGER APPROVED AS TO FORM: CITY ATTORNEY APPROVED AS TO FORM: FOOT ATTORNEY 91- 534 EXHIBIT A MEMORANDUM OF AGREEMENT "BISCAYNE BOULEVARD -NEW WORLD DESIGN" PROJECT DESCRIPTION BACKGROUND AND GENERAL To promote the economic revitalization and unification of downtown Miami along its major access road, the internationally renown landscape architect Roberto Burle-Marx was commissioned to create a distinctive new design for Biscayne Boulevard. The master plan and conceptual designs prepared by Burle-Marx were approved by the City Commission in July 1988. The project is known as the Biscayne Boulevard" New World Design and extends from the Miami River to N.E. 18th Street. The proposed design includes the construction of new sidewalks and medians with mosaic paver walkways of a unique design with extensive palms and tropical landscaping including special lighting features. From N.E. 5th Street to 12th Street, Biscayne Boulevard will be widened to provide landscaped medians, broad sidewalks and improved access from the Port of Miami Bridge to I-395 expressway. Along this corridor, additional right-of-way will be taken from the east side of the boulevard from properties acquired by the City and substantial traffic, safety, and drainage improvements will be made. Most of the design work will be concentrated on sidewalks, medians and curb areas. At four key locations, there will be mosaic paver pedestrian paver crosswalks provided to link key centers of commerce, education, culture, and recreation on both sides of the boulevard. The overall project involves improvements along about 1.7 miles of Biscayne Boulevard involving a million square feet of unique sidewalk pavers and approximately 1000 palms and tropical trees. The typical sidewalks will be widened to provide for future sidewalk cafes and public plaza areas. Engineering improvements will provide better drainage and traffic flow along the boulevard particularly between N.E. 5th and 12th Streets. The bold design of the paver sidewalks and landscape features will significantly improve and transform Biscayne Boulevard into a signature area for the City and spur significant redevelopment on both sides along the way. CITY SERVICES The City is to provide all engineering and design services necessary to produce construction plans, specifications and related bidding documents to implement the approved Biscayne Boulevard master plan and conceptual designs prepared by Roberto Burle-Marx for the Biscayne Boulevard New World Design. Services to be provided by the City include the following: Page 1 of 3 91- 534 EXHIBIT A 1. SURVEYS - have surveys conducted to establish existing conditions including, line and grades, site elevations, property lines, easements, monuments, and locations of physical objects such as poles, trees, signs, posts, statues, utility items, site furniture, surface finishes, etc; establish base lines for layout. 2. PREPARE BACKGROUND PLANS - produce drawings of existing conditions from the survey information and available existing plans. 3. UNDERGROUND INFORMATION - plot all available existing underground utility information onto the background plans of existing conditions. 4. PREPARE BURLE-MARX PLANS FOR OVERLAY - prepare base lines and/or grids and scales to overlay the Burl e-Marx proposed conceptual designs (for geometric layout, paver patterns, and landscaping) over the background plans of existing conditions. S. CONDUCT PRELIMINARY ENGINEERING STUDIES - After overlaying the proposed conceptual designs over the background plans, establish new line and grades, study drainage, traffic flow, and any major variances between existing conditions and proposed designs, and identify conflicts with physical objects and underground utilities. 6. PREPARE PLANS INCORPORATING THE CONCEPTUAL DESIGNS - to the maximum extent possible, develop construction plans incorporating the proposed conceptual designs, prepare engineering designs and details and identify significant conflicts and variances with the proposed design. 1. DESIGN REFINEMENT FOR CONSTRUCTION PLANS - At this stage (approx. 50%) send proposed construction plans to Burle-Marx for design modifications and coordination with existing conditions and proposed construction. The modifications and coordination to include revised paver layouts and landscaping changes. 3. REVISE PROPOSED CONSTRUCTION PLANS - incorporate the design changes recommended by Burle-Marx and finalize the design and engineering. Finalize a decision on the construction phases for the project. 9. PREPARE FINAL CONSTRUCTION PLANS - After finalizing the designs with Burle-Marx and the engineering details, prepare final construction plans, specifications, and bidding documents for the proposed construction phases (or segments) of the project. Page 2 of 3 91-u 534 Oki EXHIBIT A In connection with the City's services for construction plans there are additional services that must be done as follows: 10. BURLE-MARX CONTRACT EXTENSION - Negotiate a contract extension with Burle-fiarx to modify and coordinate conceptual designs with the new construction plans, assist t in design development and selection of materials; periodic Q site visits; and to provide new designs for Bayfront Park including Port Boulevard and N.E. 19th to 24th Streets for future construction. 11. PERMITS - a. Apply for BERM permits when plans are 60% complete b. Apply for FOOT permits when plans are 95% complete 12. MAINTENANCE OF TRAFFIC PLANS - prepare plans outlining the requirements to maintain traffic during construction. ENO Page 3 of 3 91 - 534 EXHIBIT B MEMORANDUM OF AGREEMENT "BISCAYNE BOULEVARD -NEW WORLD DESIGN" BUDGET Engineering/Design (6%) Survey (1.9%) Project Management/Adm. Print/Adv./Test Indirect Adm. Costs Subconsultants Contingency Total FUNDING $ 809,000 250,000 292,000 75,000 24,000 150,000 (Marx & Assoc.) 100,000 $1,700,000 $1,700,000 from the Florida Department of Transportation (FOOT) funded by a $2 million Federal Highway Demonstration Project - Preliminary Engineering Appropriation (FY 1991 DOT Appropriations Act P.L. 101-510) through the Federal Highway Administration (FHWA). 91- 534 �i CITY OF MIAMI, FLORIDA29' INTER -OFFICE MEMORANDUM TO: Honorable Mayor and Members of DATE JUN 2 71991 FILE the City Commission SUBJECT: Resolution Authorizing City Manager to Execute Agreements for the City to Engineer the Biscayne FROM ; REFERENCESB lv d. -New World Design Cesar H. Odio City Manager ENCLOSUREsResolution RECOMMENDATION: The Department of Public Works respectfully recommends the adoption of a Resolution authorizing the City Manager to execute a Memorandum of Agreement and subsequently enter into a Joint Participation Agreement, both in a form acceptable to the City Attorney, between the State of Florida Department of Transportation (FDOT) and the City of Miami for the purpose of conducting the preliminary engineering of the Biscayne Boulevard New World Design Project in the amount of $1,700,000. BACKGROUND: To promote economic revitalization and unification of downtown, the world renown landscape architect, Roberto Burle-Marx, was commissioned to create a distinctive new design for Biscayne Boulevard. The master plan and conceptual designs were approved in principle by the City Commission on July 14, 1988 by Resolution No. 88-628. The project is known as the Biscayne Boulevard New World Design. The proposed design includes construction of new mosaic paver sidewalks and medians with extensive tropical landscaping extending from the Miami River to N.E. 18th Street. From N.E. 5th Street to 12 Street the boulevard will be widened to provide medians and improved access to I-395. The City has diligently been seeking funding to implement the Burle-Marx New World Design. In fiscal year 1991, the U.S. Department of Transportation Appropriations Act provided $2 million for the Biscayne Boulevard renovation project and from these funds $1.7 million were designated for "Preliminary Engineering" (design). By a memorandum dated February 8, 1991 from the Federal Highway Administration, the State of Florida Department of Transportation (FDOT) was authorized to administer these funds. Both the City of Miami and FDOT recognized that the preliminary engineering to implement the Biscayne Boulevard New World Design would be more efficiently and effectively performed by the City of Miami's Public Works Department. 91-- 534 Although the funds for a Federal Highway Demonstration Project such as this are guaranteed, the administrative process is rather lengthy and both the City and FDOT are anxious to get the preliminary engineering work started. To expedite the process, the FDOT has proposed a two step contractural mechanism. The first step is a "Memorandum of Agreement" which is an umbrella agreement under which the parties agree that the City will conduct the preliminary engineering for the designated funding of $1.7 million under the management and supervision of the F.D.O.T. Under this agreement, the parties also agree to enter into a Joint Participation Agreement at a later date which sets forth the specific obligations and responsibilities of both parties in carrying out the preliminary engineering of the project after all the details have been agreed upon. The Memorandum of Agreement also sets forth the City's responsibility for its local share of the project costs. This agreement covers preliminary engineering only and not construction. The Public Works Department recommends the adoption of a Resolution authorizing the City Manager to execute the Memorandum. of Agreement, attached hereto, and subsequently enter into a Joint Participation Agreement both in a form acceptable to the City Attorney, between the State of Florida Department of Transportation and the City of Miami for the purpose of the City conducting the preliminary engineering of the Biscayne Boulevard New World Design project for the $1,700,000 designated funding. - 2 - Z 91-- 534