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2010-27416 ResoRESOLUTION NO: 201,,0-27416 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THEI CITY OF MIAMI BEACH, FLORIDA, APPROVING AND i AUTHORISING THE CITY MANAGER TO EXECUTE A TERMINATION TO JOINT PARTICIPATION AGREEMENT (JPA) BETWEEN THE CITY AND FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) FOR.JPA A1494, EXECUTED ON JUNE X14, 2000, FOR THE MILLING AND RESURFACING OF STATE ROAD A1A/COLLINS AVENUE FROM 5T" STREET TO 15T" STREET. i WHEREAS, the City and the Florida Department of Transportation (FDOT) entered into a Joint Participation Agreement JPA), dated June 14, 2000 for the Milling and Resurfacing of Collins Avenue, from 5th Street to 15t Street (the Project), approved pursuant to Resolution No. 2000- 23944, in the total amount of Two Million Fifty Five Thousand Six Hundred Eleven Dollars ($2,055,611) for estimated Project costs; and WHEREAS, the Agreement was amended on November 14, 2002 (pursuant to Resolution No. 2002-25036), to increase the total amount to Two Million Two Hundred Eight Thousand Six Hundred Thirty Dollars ($2,208,630) for estimated Project costs; and WHEREAS, the Agreement amendment required completion of the Project on or before M~y 30, 2012; and WHEREAS, it vas not in the best interest of the City to undertake this Project while otherth;~ Washington Avenue Project and the Flamingo-Lummus Neighborhood Improvement Project were underway; and j WHEREAS, in meetings with FDOT and the Collins Avenue Improvement Association on January 6, 2010, February 19, 2010, March 2, 2010, and'March 4, 2010, it was decided not to add additional scope and to move forward with the Project as originally planned, which negated the need for City involvement; and i WHEREAS, FDOT has agreed to design and construct the current scope of work detailed in the JPA.. ' 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, hereby approve and authorize the City Manager to execute a Termination to Joint Participation Agreement (JPA) between the City and Florida Department Of Transportation (FDOT) for JPA A1494, executed on June 14, 2000, for the Milling And Resurfacing of State Road A1'A/Collins Avenue from 5th Street to 15th Street. ' PASSED AND ADOPTED this 9N~ day of -~~~2010. ATTEST: L~ CITY CLERK M Y~R APPROVED AS TO T:wGENDA\2010\June 9\Consent\Collins 5th - 15th JPA Termination Reso.doc FORM 8c LANGUAGE ~ ~ FOR EXECUTION i 'h 1 -o to ~~ COMMISSION ITEM SUMMARY Condensed Title: A Resolution of the Mayor and City Commission of the City of Miami Beach, Florida, approving and authorizing the City Manager to execute a Termination to Joint Participation Agreement (JPA) with FDOT for the Millin and Resurfacin of Collins Avenue, from 5th Street -15th Street. Ke Intended Outcome Su orted: To ensure value and time) delive of uali ca ital ro~ects. ', Issue: ~ ~ Should the City Commission approve the JPA Termination? Item Summa /Recommendation: The City and the Florida Department of Transportation ~FDOT) entered into a JPA dated June 14, 2000 for the Milling and Resurfacing for Collins Avenue, from 5t .Street to 15th Street (the Project). The Project has been delayed to complete other City Capital Improvement Projects (CIP) such as the Washington Avenue Project, and the Flamingo-Lummus Neighborhood Improvement Project which improved all east-west streets from Ocean Drive to Washington Avenue and other City CIP priority projects. After meeting with FDOT and the Collins Avenue Improvement Association on January 6, 2010, February 19, 2010, March 2, 2010, and March 4, 2010, it was decided not to add additional scope of work and to move forward with the Project as currently planned. Absent ~ of any additional scope items, it was determined to be in the best interest of the City to return the project to FDOT for execution by FDOT. Upon approval of the JPA Termination, FDOT has agreed to design and construct the current scope of work, which includes the following: milling and resurfacing the pavement; replacement of broken sidewalks; new signing and pavement markings; updating all deficient pedestrian ramps to meet ADA standards; new countdown pedestrian signals and crosswalk signs; new signalization at the intersection of Collins Avenue and 13th Street; improvement to existing drairiage and curb and gutter based on the amount of funding remaining after the above mentioned improvements are incorporated in the project; coordinate utility relocation as needed; and public involvement. THE ADMINISTRATION RECOMMENDS APPROVAL OF THE RESOLUTION. Advisory Board Recommendation: N/A Financial Information: ~ Source of Amount ,Account ~ Approved Funds: ~ 2 4 OBPI Total ~ Financial Impact Summary: City Clerk's Office Legislative Tracking: I ~ Fernando Vazquez x6399 Sign-Offs: Department Direct Assistant City Manager ' City M er FHB JGG JMG ', ~ r - v V~~ , T:WGENDA\2010Uune 9\Consent\Collins 5th - 15th JPA Termination Summary.doc m MIAMIBEACH {~ AGENDA ITEM C 7 T DATE G' ~ /D m MIAMIBEACH City of Miami Beath, 1700 Convention Center Drive, Miami Beach, Florida 33139, vaww.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the Cif emission FROM: Jorge M. Gonzalez, City Manager DATE: June 9, 2010 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 TERMINATION TO. JOINT PARTICIPATION AGREEMENT (JPA) BETWEEN THE CITY AND FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) FOR JPAA1494, EXECUTED ON JUNE 14, 2000, FOR THE MILLING AND RESURFACING OF STATE ROAD A1A/COLLINS AVENUE FROM 5T" STREET TO 15T" STREET. ADMINISTRATION RECOMMENDATION Adopt the Resolution. ~~ FUNDING Not applicable. BACKGROUND ~ The Florida Department of Transportation (FDOT) had originally programmed in FY 2000-01 to fully reconstruct Collins Avenue, from 5th to 15th Streets. Out of concern by the community for the potential short and long term impacts that a full reconstruction project would have in the area, the City requested that FDOT consider a less intensive project. In response to the City's request FDOT agreed to a Milling and Resurfacing of State Road Al A / Collins Avenue from 5th Street to 15th Street (the Project). In addition, FDOT and the City mutually agreed that the City would take responsibility over the Project and FDOT would fully fund the Project through state and federal funds. Resolution 2000-23944, dated May 24, 2000 approved the execution of Joi It Participation Agreement (JPA) A1494 with FDOT and the City for the Project. The JPA stipulated that the City would design and construct the Project and FDOT would provide funding in the amount of $2,055,610.61. An amendment to the JPA, which was approved by Resolution 2002-25036, dated October 23, 2002, was required since the original design and construction cost estimates were outdated. Amendment One approved an additional funding contribution from FDO i in the amount of $153,019.83, for a combined amount of $2,208,630.44 in state funds. City staff received a request from a resident for the installation of traffic signals at the intersections of Collins Avenue and 12th Street and Collins Avenue and 13th Street. Since Collins Avenue is a Principal Urban Arterial underthe jurisdiction of FDOT, the request was submitted to;FDOTfortheir review and approval. FDOT completed a qualitative assessment and determined that a traffic signal at the intersection of Collins Avenue and 12th Street was not warranted. Their study examined the eight (8) warrants required by the Manual of Uniform Traffic Control Devices (MUTCD) for the installation of traffic signals and concluded that none of the warrants were met during ,the weekdays. Commission Memorandum -Collins 5~' - 15u' JPA Termination June 9, 2010 Page 2 of 3 i The Pedestrian Volume Warrant was satisfied for the weekend period. FDOT's assessment revealed a prominent number of angle crashes. that seem to be attributed to sight distance restrictions at the intersection; furthermore, the study indicated there was a significant amount of parking violations in the area of the intersection that contributed to the sight distance restrictions. FDOT recommended the installation of bulb-outs along Collins Avenue at 12th Street to alleviate the sight distance issues in addition to enhancing pedestrian safety. The installation of bulb-outs will affect approximately five (5) on-street parking spaces in the proximity of the intersection. Subsequent to the completion of the Collins Avenue and 12th Street study ~ and based on discussions between FDOT and the City, FDOT decided to conduct a comprehensive study of the intersections along Collins Avenue at 12th,13th,14th Streets and Espanola Way. The results of the comprehensive study demonstrated a possible need for a traffic signal at the intersection of Collins Avenue and 13th Street. FDOT conducted field observations, a crash analysis, and ~a signal warrant analysis and determined that the installation of a properly designed traffic signal I ith pedestrian signals and actuation is recommended. Since the intersection of Collins Avenue and 13th Street falls within the Project's limits, the installation of the traffic signal will be included in the scope of work. The additional cost to the Project for the traffic signal in the amount of $256,200 will be incurred by FDOT. The total estimated cost for the Project is now $2,464,830.44. ANALYSIS The Project has been delayed to complete other City Capital Improvement Projects (CIP) such as the Washington Avenue Project, and the Flamingo-Lummus Neighborhood Improvement Project which improved all east-west streets from Ocean Drive to Washington Avenue and other City CIP priority projects. Recently the City held numerous meetings with FDOT and the Collins Avenue Improvement Association who is interested in adding additional improvements ',such as wider sidewalks, and new pedestrian lighting. These meetings were held on January 6, 2010, February 19, 2010, March 2, 2010, and March 4, 2010. At these meetings, the City, FDOT, and the Collins Improvement Association decided not to add any additional scope of work to the current FDOT project and to move forward with the Project as originally planned. Absent of any additional scope items, it was determined to be in the best interest of the City to return the Project to FDOT for execution by FDOT. The Collins Improvement Association is developing an alternate design for consideration by FDOT. FDOT has indicated that it will not fund any additional improvements along this corridor. City staff sent a letter to FDOT on March 18, 2010 requesting termination of the JPA A1494 (Attachment A). Upon approval of the JPA Termination, FDOT has agreed to design and construct the scope of work detailed in the JPA A1494 (Attachment B), which includes the following: • Milling and resurfacing the pavement • Replacement of broken sidewalks • New signing and pavement markings • Updating all deficient pedestrian ramps to meet ADA standards • New countdown pedestrian signals and crosswalk signs • New signalization at the intersection of Collins Avenue and 13th Street • Improvement to existing drainage and curb and gutter based on the amount of funding remaining after the above mentioned improvements are incorporated in the project • Coordinate utility relocation as needed • Public involvement Commission Memorandum -Collins 5~' -15`h JPA Termination June 9, 2010 Page 3 of 3 FDOT has scheduled design for the Project to begin on September 13, 2010 and plans for construction to begin on April 30, 2013. The estimated construction time is one (1) year. I CONCLUSION The Administration recommends that the Mayor and City Commission authorize the City Manager to execute a Termination to Joint Participation Agreement (JPA) between the City and Florida Department of Transportation (FDOT) (Attachment C) for JPA A1494, executed on June 14, 2000, for the Milling and Resurfacing of State Road A1A/Collins Avenue from 5th Street to 15th Street. Attachments: A: Letter from City to FDOT re: Termination of JPA B: Letter from FDOT to City in Agreement C: Termination to JPA JMG/JGG/FHB/FV T:\AGENDA\2010Wune 9\Consent\Collins 5th - 15th JPA Termination memo.doc - Attachment A ~Sh/ of l44id~ni Seaeh, 1700 Convension Center Drive, Miami BeccF~, Florida 33134, tivww.miamioeaehfl.gov Puauc woRxs 7e1: 305.673-7080, Fox: 305.673.7028 /larch 18, 2010 lUls. Alice N. Bravo, P.E. Director of Transportation Systems Development Florida Department of Transportation - 1000 NUV 111 Ave, Room 6251 lUliami, FiL 33172 RE: FM 250236-1-52-01 -Collins Avenue, Stn to 15tH Streets Dear Ms. Bravo: The City of Miami Beach (the City} is requesting the termination of the Join# Participation Agreement {JPA) dated June 14, 2000 for the Milling and Resurfacing for CoNins Avenue, from Stn Street to 15tH Street (the Project). This would require the Florida Department of Transportation {FDOT} to ~..tlly execute scope of work for the iProject, including design, engineering, construction, and construction 'administration services. The original Project scope in the attached Jl'A includes, but is not limited to, the following roadway improvements to be conducted throughout the project limits of stn Street to 15tH Sfireet: o New signing and pavement markings o Improvements to existing drainage system, including the installation of deep wells m Nulling and resurfacing the pavement Reconstruction of broken sidewalks and curb and gutters 0 Pedestrian improvements to include updafiing all pedestrian ramps to meet AOA standards, countdown pedestrian signals, and crosswalks a Coordinate utility relocation a New landscaping 4 New signalization and signalization improvements, including the installation of new signals at the intersection of Collins Avenue and 13tH Street m Updating of stree7 lighting o Public involvement Members of the Collins Avenue Improvement Association, which is comprised of property and business owners along Collins Avenue, met with City staff on January 6, -l 2010 and on February 19, 2010 to discuss the Project. At these meetings, the members requested additional work to be included in the Project to improve pedestrian safety, such as widening sidewalks and drainage improvements. Subsequently, meetings were held on March 2, 2010 and March 4, 2010 with the members of the Coilms Avenue improvement Association and City and FDOT staff. At these meetings, FDOT informed the members that the additional work could not be added to the Project because of a lack of funding, as well as a potential delay to fihe Project, which would jeopardize the current funding available for milling and resurfacing along Collins Avenue. The members agreed that it would be best to move forward with the Project as originatly planned. We appreciate your consideration of this request. if you need additional infiorma~ion on this project, please contact Fernando Vazquez, City Engineer, at 305-673-7080. Sincerely, Y d Fred F-i. Beck`mann: P.E. .Director of Public Works Attachment: Collins Ave, 5t"-'lit" Streets J+PA cc. Jorge Gomez, Assistant City Manager Fernando Vazquez, P:E., City Engineer Xavier Falconi, P.E., Transportation Manager i..ynn 13ernste%n, Community f2esource Coordinator F:lworklsALL1(1)EMPLOYEE FOLDERSICHRISTINE BETTlNi1FD071Collins, 5-15th Streetslcollins Gth-15th JPA_Letler 3.2Qt0.doc Attachment 6 ~~ . . Florzrla Depa~t~nerrt of Transportation CHARLIE CRlS7 1 O00 NvV 111 Avenue STEPHANIE C. KOPELOUSOS GovERNOR ~ Miami, Florida 33172-5800 SECRETARY May 6, 2010 Mr. Fred H. Beckmann, Public Works Director City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 Dear Mr. Beckmann: This letter is in response to your letter dated March 18, 2010 concerning request to terminate Joint Participation Agreement (JPA) for the milling and resurfacing project on Collins Avenue from 5"St to 1Sth Street. The termination agreement was sent to Richard Saltrick on March 22 for approval by the City. This item is scheduled to be heard by the City Commission at its May 12th meeting. In anticipation that the Commission approves the Termination, we are in the process of surveying project limits and allocating resources necessary to begin preliminary engineering work. Florida Department of Transportation (FD~T) plans to let this project in January 2013. The estimated construction duration time is 1 year, but could be a few months more depending on the amount and complexity of the drainage improvements. The scope of work will include the following improvements: • Milling and resurfacing existing pavement • Replacement of broken sidewalks • New signing and pavement markings • Updating all deficient pedestrian ramps to meet ADA standards, new countdown pedestrian signals and crosswalk signs • New signalization at the intersection of Collins Avenue and 13~' Street • improvement to existing drainage and curb & gutter based on the amount of funding remaining after the above mentioned improvements are incorporated into the project • Coordinate utility relocation as needed • Public involvement. Mr. Fred H. Beckmann May 6, 2010 Page 2 As per our discussion on March 4, 2010, the project will not have any Landscaping or Street Lighting due #o budget constraints. Should you require additional information, please call me at (305) 470-5197 or by email at g_us pegoCa~dot state.fl.us. Sincere y, Gus ego, P.E. District Secretary www.dot.state.fl.us Attachment C TERMINATION TO JOINT PARTICIPATION AGREEMENT BETWEEN THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND THE CITY OF M1AM1 BEACH This Termination to that certain Joint Participation Agreement AI494, executed on June 14, 2000 (the "Contract'), incorporated herein by reference, between the City of Miami Beach, a municipal corporation of the State of Florida ("CITY"), acid the State of Florida Department of Transportation, a component agency of the State of Florida ("DEPARTMENT"), for milling and resurfacing on State Road (S.R.) A1A/Collins Avenue from 5t" Street to 15'" Street, programmed under Financial Project Numbers 250236-1-38-01, 250236-1-58-01 and 250236-1-68-01 ("P.ROJECT"), is entered into this day of 20_, RECITALS: WHEREAS, the DEPARTMENT will design and construct the PROJECT; NOW THERFORE, the DEPARTMENT and the CITY hereby mutually agree to terminate the Contract. CITY OF MIAMI BEACH: By: City Manager ATTEST: (SEAL) By: City Clerk STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION: By: District Secretary ATTEST: (SEAL) By: . Executive Secretary LEGAL REVIEW: By: District Chief Counsel cc: Alice Bravo; Harold Desdunes; Chris Tavella; File ~. 7~ 6/4~~ ~o~o- a7 y~~ TERMINATION OF JOINT PARTICIPATION AGREEMENT BETWEEN THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND THE CITY OF MIAMI BEACH This Termination to Joint Participation Agreement is entered into as of this day of 20_(Effective Date), by and between the City of Miami Beach, Florida, a municipal corporation (CITY) and the State of Florida Department of Transportation (DEPARTMENT). RECITALS: WHEREAS, the City and the Florida Department of Transportation (FDOT) entered into a Joint Participation Agreement (JPA), dated June 14, 2000, for the Milling and Resurfacing of Collins Avenue, from 5~' Street to 15'" Street (the Project), approved pursuant to City Resolution No. 2000-23944, in the total amount of Two Million Fifty Five Thousand Six Hundred Eleven Dollars ($2,055,611) for estimated Project costs; and WHEREAS, the Agreement was amended on November 14, 2002 (pursuant to City Resolution No. 2002-25036), to increase the total amount to Two Million Two Hundred Eight Thousand Six Hundred Thirty Dollars ($2,208,630)_ for estimated Project costs; and WHEREAS, the Agreement amendment required completion of the Project on or before May 30, 2012; and WHEREAS, at this time, it is not in the best interest of the City to undertake this Project while other City capital projects are underway; and WHEREAS, the parties have mutually agreed to terminate the aforested Agreement, without any liability to either party; and NOW THERFORE, for good and valuable consideration the receipt and efficiency of which is hereby acknowledged the parties agree as follows: 1. Incorooration of Recitals. The Recitals set forth above true and correct and incorporated by reference. 2. Termination of Joint Participation Agreement. The Joint Participation Agreement is hereby terminated upon the Effective Date, and except for those provisions in the Joint Participation Agreement that expressly survive termination, each party is hereby released of their respective obligations thereunder. 3. Successors and Assigns. This Termination Agreement shall be binding upon and inure to the benefit of the City and the Department and their respective successors and assigns. 4. Counterparts. This Termination Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument. pri~j incr;~ S-< JOT ~r Si~ H47~y~~ (~ In Witness Whereof, City and Department, intending to be legally bound, have executed this Termination Agreement as of the day and year first set above. CITY OF MIAMI BEACH: ~--~. By: City ana er ATTEST: t._/ (SEAL) /~ B `1 Y City Clerk 'APRR`~1/ED AS TO °'EOAM & LANGUAGE 8 FnN CUT~ON ~_~-~o mey ~ ,. STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION: By: District Secretary ATTEST: (SEAL) By: Executive Secretary LEGAL REVIEW: By: District Chief Counsel