HomeMy WebLinkAboutR-90-0713FIT-
9/6/90
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RESOLUTION NO. 9 0 -- 713
A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING
THE CITY MANAGER TO EXECUTE THE ATTACHED
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DOCUMENTS, ENTITLED SUPPLEMENTAL AGREEMENT
NO. 2" AMID "PAYMENT ESTIMATE i CONTRACT
PERFORMANCE", PROVIDING FOR THE REMITTANCE OF
$225,222.75 FROM THE U.S. CORPS OF ENGINEERS
AS PAYMENT OF THE FEDERAL GOVERNMENT'S SHARE
OF COSTS INCURRED AS A RESULT OF REMEDIAL
t WORK ON THE FOUNTAIN FOUNDATION AND SERVICE
TUNNEL FOUNDATION FOR THE BAYFRONT PARK
RECREATION PROJECT.
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WHEREAS, the U. S. Corps of Engineers constructed certain
portions of Bayfront Park, pursuant to a contract between the
City of Miami and the Federal Government as more fully set forth
in the attached "Supplemental Agreement No. 2 to Agreement
Between the United States of America and the City of Miami,
Florida, for Recreation Development at the Bayfront Park, Miami
Harbor, Florida" (hereinafter referred to as "Supplemental
Agreement No. 2"); and
WHEREAS, certain foundation work for the fountain and
service tunnel within Bayfront Park constructed by the U.S. Corps
of Engineers was deemed to be defective by the City of Miami and
had to be remedied at City of Miami expense; and
WHEREAS, the U.S. Corps of Engineers has acknowledged some
responsibility for these additional costs incurred by the City of
Miami and has agreed to reimburse the City of Miami the sum of
$225,222.75; and
WHEREAS, acceptance of said settlement is
in the best
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interest of the City of Miami; and
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WHEREAS, the U.S. Corps of Engineers
requires
execution of
certain documents prior to its remittance
of funds
in the amount—
of $225,222.75 in regard to the federal
government's share of
costs incurred as a result of remedial
work for
the fountain
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foundation and service tunnel foundation
in the
Bayfront Pare
Recreation Project;
'ATTACHMENTS
CONTAINED
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� "1't#E 't R1�i hE 1T RESbI,Vab By "a COMISSlt p OF M CITY
OP MIIAMI, �'�R1t�At
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section The recitals and findings contained in the
af, 1,
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 authorised to
execute the attached documents► entitled "Supplemental Agreement
2" and "Payment Estimate - Contact Performance", in regard to
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No.
the settlement reached with the U.S. Corps of Engineers
concerning the federal government's share of costs incurred as a
result of remedial measures involved with construction of
Bayfront Park Recreation Project.
'Section
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3. This Resolution shall become effective
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immediately upon its adoption.
A
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PASSED AND ADOPTED this _ 7th+ day of Se temb_er • l99.fl•
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XAVIER L. SU ► MA OR
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C Y LERK
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PREPARED AND APP OVED BY:
JOEL E. MAXWELL
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CHIEF ASSISTANT CITY ATTORNEY
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APPROVED AS TO FORM AND
CORRECTNESSs
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JO GE DEZ
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C I Y ATTORN
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SU1�P�t�TA� hGMEEME N0. 2 ,
�°"
TO
AOit 1MZXT BETWEEN
'1TH8.. UNITED STAVES OF AMERICA
THE CITY OF lMIAMI J FLORIDA
Iran {-
RECREATION DEV'EtOPMENT
AT
BAYFRONT PA'RXt MIAMIEHARBOR,'?LORIDA
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THIS SUPPLEMENTAL AGRESMENT NO. 2, entered into this day of
1990 by and between theUNITEDSTATES OF AMER hereinafter
ci e e "Government"), represented by the Contracting Officer exoautinq
thisyN;pplemental Agreement,,and the CITY OF MIAMI (hereinafter called the
WITNESSETH THAT:
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WHEREAS, construction of the Miami Harbor Project (hereinafter called
"Project"),was authorized by the River and Harbor Act approved March Z,..-
1945 ,(Public. Law.14, 79th Congress) as modified by the Land Acquisition,:"
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Policy,Act.of 1960 (Public Law 86-645), as set forth in Senate Document 714,
85th Congress; and,
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WHEREAS Section-4.of 1944 Flood Control Act, as amended, (16•USC
authorized
460d) the Federal. Government to construct, maintain,. and operate
recreational ficilities.at water resource development projects and further
authorized the..Federal Government to ermit local interests to construct
'
operate, and maintain such recreational facilities; and, ',
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WHkREAS, the Miami Harbor Project construction was :completed ,"and the
Government and the City have contracted to provide recreational facilities
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at the -Project under the Supplemental Appropriations Act of 1985 (Public
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Law 99-88) in accordance with the cost -sharing provisions of the Federal
Water Project Recreation Act (Public Law 89-72),, 16 U.S.C. 460-L-12= and#
WHEREAS, construction of the Recreation Project under the authority of
Public Laws 98-50 and 98-360 was undertaken under Contract No. DACW17-85-H-.,.
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0019, dated 22 April 1985, executed by the City and the Governments And,
WHEREAS, _it now,appears that certain fountain foundation work and
service.tunnel foundation work constructed by the Government has been:
alleged by the Cityy to be defective and had to be remedied at Cityexpense
the "
so that_the fountain ultimate t goal of both parties'
consts'isc sot►,
could be constructed; and,
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WHEREAS, the Government has carefully reviewed the contract plans an
s ecifications, the construction work, the plans and specifications of the
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City, the construction work of the City, and the invoices supporting the
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City 's claim: and, .
WHEREAS, the Government accepts some responsibility for the additional
costs incurred by the City in the construction of the fountaint and,
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WHEREAS, the City is willing to and does accept the GovernmenV a
partial assumption of responsibility for the increased costs and
specifically waives, releases, and discharges any further claim or cause-�
of -action arising out of the Bayfront Park Recreation Project!
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NOW THEREFORE, the Parties do hereby agree as follows in complete
satisfaction of all construction claims each may have against the other!
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1) The Government shall pay to the City the total sum of $225,222.75
as full and complete satisfaction of all claims and damages known or
unknown, itself
concerning the Government's construction, through and its
contractors, of the Bayfront Park Recreation Project.
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2) The City does fully and completely release the Government for any
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additional liability and damages relating to the Government's construction
of the Bayfront Park Recreation Project, whether known or unknown and of
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whatsoever nature.
3) All other terms and conditions of the Local Cooperation Agreement,
DACW17-85-H-0019 and Supplemental Agreement No. 1 thereto, dated July 29,
1987, remain in full force and effort except as modified by this
Supplemental Agreement No. 2.
IN WITNESS WHEREOF, the parties have executed this Supplemental
Agreement No. 2 as of the day and year first above written.
THE UNITED STATES OF AMERICA
BY:
BRUCE A. MALSO
Colonel, Corps of Engineers
Contracting officer
U.S. Army Engineer District
Jacksonville
DATE:
CITY OF MIAMI, a
Municipal Corporation of the
State of Florida
BY:•
City Manager
ATTEST:
City Cler
APPROVED AS TO FORM AND CORRECTNESS:
City Attorney
90' 713
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- • ,, , des hereby #tat& that I- al -+c tha ty
Attarney City of Law"Ma"tthe City of Miami in ale al,y
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constituted public body with full authorityand legal oapabilily to erfers
betvaen tKe
the termd of Supplemental A reement No. 2 to the Agreement
United States of America and the City of Miami in connection with the
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recreation development at Hayfront Park and to pay damages, if necessary,•—
In Section 221
in the event of the failure to perform accordance with Of
Public Law 91-►611, and that the persons who have executed this Agqr�e4w"t an
behalf of the City of Miami have acted within their statutory authority.
IN WITNESS WHEREOF, I have made and executed this certification this
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day of , 1990.
City A orney
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Cal cooplaratioft,
2 to the
the Office of
draft SUPP
A , gradimitnt fully ralJetted by
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t t PAYMENT ESTIMATE CONTRACT PERFORMANCE {. aATE r��
August 1Y.-1990. sFiEET.1rof.,....
For use of this form. see ER 37•Z-ttd and'ER 37.345.10.; X 47�*.
. DISTRICT � s
p' y, CONTRACTOR ANO ADDREss 1 y O am , n s oe axwe , 1 y 3. CONTRACT NO. _ e%acksOnVi l le'
Atty Amerifirst $1dg.,One Southeast Third Ave.,Mi4mi,F1 3313 DACWI7-�35-tfi-0Q 9
PPROPpilIITIOWANDPROJECT REQWREE?COils6svE710lWaltTE W ;
S. OESCR{PT t OF WQRK '" i$ 1400H -----
t park Recreation. Project s OR R NO,.
8501J
r .w ip ERED BY THISESTtiYfATE
tp, J0 DE TV. ESTIMATE Nt%
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tcrrnUte u 1, i99O
t'�ark `, � iirilr�i'� xis.;; _ TOTAt:Ti?DATE
�rida�,� 22,198
., �` y� -:.i't�itiw ���`�`�:.,.; - - • � ,,, QUANTITYANDA T
_ . _ ..._—a......wa.�a.�,rc� uu►1 ': MOtl1�i
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UNIT
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100% 1$225,222.75,.,,
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TOTAL EARNINGS 225,222.75
225, 222.75 TO DATE --- s
INCLUDES MODIFICATION THRU: X.
12. PRESENTED FOR PAYMENT .i HER THAN—Q—
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PAYEE PER
ENTAGE —
j City of Miami Rlrrirslydu►EITs' -'k
TITLE x D PREVIOUS EARNINGS (A,g*Ct
DATE
n e (TOTAL •:
4 1 13. APPROVED FOR PAYMENT Via ' E. EARNINGS THIS PERIOD tT0 2�5 ,222 . -
EARNINGS TO DATE MINUS DI
I CERTIFY that I hfty hacked the quantities covered by this of estimate; that the F. LESS RETAINED PERCENTAGE —0—
,Vp ,�v pertotmed: tV.
hat the Quantities are Correct and Consistent with all pre G. LESS DEDUCTION OTHER THAN —0—
v gos as W"Wly ehaeked; that the gvantiiin and amoums we vjwly RETAINED PERCENTAGE FOR wry �a
I co"Opew vo tt the reouirements of the contract or other instrument involved.
H. TOTAL DEDUCTIONS THIS PERIOD IF.GIy;, k.
• DATE t. RETAINAGE REFUNDED
Sit;NATURE TITLE J. OTHER REFUNDS _
1 CH I EF s CON-OPS K. TOTAL. REFUNDS THIS PERIOD
t _ GAIN G. GREN DIVISION L. AMOUN25
T DUE CONTRACTOR tE-H+KI ti .75
.. +
NTRACTiNGOFFICER APPROVAL: lSignattltN GATE. tS. RECAPI7ULAT10N' � TOTAL PAID tC+tl S 225,222
TOTAL RETAINED PCTG. IB+F-!1 S 0-
FOEl1A •+lust REvERSE SiOE FOR OETAILED:CXPLAf4&rtaarAft&Oft ptf*AnitSt
s z EtiG " N OF THIS FORM IS 08SOLETE
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CITY Of MIAMI. PLORIDA TM
INTER -OFFICE MEMORANDUM
TO Cesar H. Odio DATE : August 10, 1990
City Manager
Att .1 Waldemar Lae SUBJECT : Bayf ront Park
t. City Mdna
. J 1 E.Maxwel Promenade
iof Assistant City Attorney aE�eaENCEs
Planning/Development Division ENMOSURE8 : (3 )
71,
Pursuant to our telephone conversation of this date, I am
forwarding for your information and perusal, photocopies of a
letter and it attachments I received from the Corps of Engineers
on.Friday,,August 31 1990.
Inasmuchas City Commission action will be- necessary as a.b
condition precedent to the City Manager's signing: of Supplement
Agreement No. 2 to the Miami Bayfront Park contract;; time,... is,:no
longer of the essence relative to -his signings the previousiy�k Y
Conaission . approved Lease _Agreement ("Base, Lease*). This L is.;:
because Supplement Agreement No.. 2is an integral component' ,:"of
the base lease, and one does not stand:_without the other.
As.Mr. Graff's letter states, I.have conveyed your position �
of last week, to the: Corps of Engineers.- That- is, Supplementrg
Agreement, No. 2, a cowas-faxed' F x
g PY of.: which by me r to . of#ice
lash week is acceptable, as written, to the City Manager., you
have stated that the ;:manager•a decision to --accept Supplement r �;
Agreement Imo. 2 an written, took into consideration the concerns Y
raised by this office. These concerns were raised. during- t
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telephone conference of last weep with you,. Christ her Rurts,
Assistant City Attorney, and:-.myoel.f.
I will., inform the U.S. - Corps. of .Engineers .that this matter
will likely be- addressod by the .City :Commission +st: itw mee►tingt,tf ¢�
Septeacber .7, 1990. Ee particularly cognisant of xtha tltet
until such WAO as the City Commission approves Suppler at
.and Form 93, And said forms are received by the Corps i>Q ti►4ir
executed form, the U.S. Government will not even
process of cutting the $225,222.75 settlement check.
JZM f +db/PI187 ;
cc 0 Jorge L. Fernandes. City Attorney
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Christopher F. Kertxt Assistant City Attorney S -,
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i 1 DEPARTMENT OF THE ARMY 3.
', l+r %";► JAMONVfLLV. 0 RICT CONSOF' 00.DW4
JACKSONVILLIL FLOWA 3x -ifb10
� ... August 29 1990 rt,
x Rea1 Estate Division
Mr. Joel Maxwell, Esquire.
Arsistaat City Attorney, Miami
Office of the City Attorney
1100 Asarifirst Building
{ one Southeast Third Avenue
` Miasit g1. cida 33131
Dear Mr. Maxwells
In a telephone conversation with Miss Hall"8111ingsiay of,
you advieed that Supplemental Agraeaent Mo.
this of Tice today, y >t
to the Miami Bayfroat Park Contract is acceptable t' a City'
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Manager but execution of the contract requires-City.Counaii
approval with the next scheduled Council saeting;beiog is
Considering the urgency for consummation 'ol'. thus,
8eptesber. wish to consider calling a spatial saaei,awt,s
Satter the City say
Enclosed in triplicate is Engineer Form, 93 which Should bs
sental Agreement when appro
executed -with the Supple
wad b�` t31e c {
City Council* Request Chs City Manager Sign all :three c4pie?�, '
Block 12 and express sail the three origiaaIs� of thi. $Opp .
Agreesant and Engineer Fort 93 to this office. The 'hect caeAish
be processed until Finance and Accounting Of Tice, Mobile � . e:, �•?t�
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fully executed copies of the Supp leaental Ag>°seoaat .andge
Fors 93. Your immediate attention to thin Setter will espeld�.t��n
` processing and delivery of the check. 4;{
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Please have the City manage
execute all throe oxidi s # rF
the lease and express nail to 'thi-s office. A. fully SO4*t
k original of the lease and sugpiatent#]. sgrsaoeat rri1 bE rntn
,
for your file• followias execution by tba Covesaaettx
plaaea express -sail a certified copy of the Proautnad'
immediately and nail the original as soon sa it ',e':gtas►t ;
your office.
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