2011-27581 Reso RESOLUTION NO.
2011 -27581
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE
EXECUTION OF AMENDMENT NO. THREE TO THE JOINT
PARTICIPATION AGREEMENT BY AND BETWEEN THE CITY AND THE
FLORIDA DEPARTMENT OF TRANSPORTATION, DATED OCTOBER 31,
2007, FOR THE MILLING AND RESURFACING IMPROVEMENTS ALONG
INDIAN CREEK DRIVE (SR MA) BETWEEN 26 AND 41 STREETS, TO
EXTEND THE CONTRACT FOR AN ADDITIONAL FIVE MONTHS
THROUGH AND INCLUDING JUNE 30, 2011 AND TO EXTEND THE FINAL
INVOICE SUBMITTAL DATE TO OCTOBER 28, 2011.
WHEREAS, Indian Creek Drive (SR MA) is a Federal classified Principal Urban Arterial
which falls under the jurisdiction of the Florida Department of Transportation (FDOT); and
WHEREAS, the City needs to construct water and sewer improvements on Indian Creek
Drive; and
WHEREAS, FDOT needs to rehabilitate the pavement on Indian Creek Drive; and
WHEREAS, the City and FDOT negotiated a Joint Participation Agreement (JPA) in
order to construct these improvements simultaneously; and
WHEREAS, the City agreed to manage the construction of the project and FDOT agreed
to contribute $1,501,000 for project costs; and
WHEREAS, on October 17, 2007, the City Commission adopted Resolution No 2007-
26694, which authorized the JPA; and
WHEREAS, the City has required the contractor to perform additional work to complete
the project; and
WHEREAS, the attached Amendment No. 3 to the JPA extends the contract term
through and including June 30, 2011 and the final invoice submittal date to October 28, 2011.
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 Mayor and City Clerk to execute the attached Amendment No. Three to the
Joint Participation Agreement by and between the City and the Florida Department of
Transportation, dated October 31, 2007, for the Milling and. Resurfacing Improvements along
Indian Creek Drive (SR Al A) between 26 and 41 Streets, which extends the contract for an
additional five months through and including June 30, 2011 and extends the final invoice
submittal date to October 28, 2011.
PASSED AND ADOPTED this 19th day of January, 2011.
ATTEST:
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41 i Afi,711 _/ • AL
Robert Parcher, City Clerk Matti Her -ra sower, ayor
APPROVED AS TO
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COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution approving Amendment Three to the Joint Participation Agreement (JPA) with the Florida
Department of Transportation (FDOT) for the milling and resurfacing improvements along Indian Creek
Drive (SR A1A) between 26 and 41 Streets.
Key Intended Outcome Supported:
Improve or maintain traffic flow.
Supporting Data (Surveys, Environmental Scan, etc.): According to the 2009 Customer Satisfaction
Survey, 18.6% of respondents said less traffic congestion is one of the two or three things that would
made Miami Beach a better place to live, work, play or visit.
Issue:
Shall the City Commission approve the amendment three to the contract term extension of the project with
FDOT?
Item Summary /Recommendation:
Indian Creek Drive (SR A1A) is a Federal classified Principal Urban Arterial which falls under the
jurisdiction of FDOT. This JPA is a collaborative effort between the City of Miami Beach and the FDOT that
include three components: upgrading the water supply system along SR A1A in order to maintain adequate
pressures and flows, upgrading the sanitary sewer system to meet the level of service requirements as
dictated in the City's Comprehensive Plan, and constructing roadway enhancements within the adjacent
Oceanfront Neighborhood.
The City has agreed to complete the milling and resurfacing work, and FDOT has agreed to incur the
costs. Once the project is completed, FDOT will own and maintain the above ground improvements, while
the City will own and maintain the water and sanitary sewer improvements.
The project completion has been delayed due to the unforeseen need to abandon an existing water main
and transfer its services and fire lines to the new water main. The contractor is currently making these
connections, which must be completed before milling and resurfacing can occur.
Presently, the JPA expires on January 31, 2011 with a requirement to submit the final invoice by July 29,
2011. Amendment Three would extend the Contract Term to June 30, 2011, this extension will provide
the City with an additional five months to complete the construction process and extend final invoice
submittal to October 28, 2011, and will provide adequate time to submit close -out documentation to FDOT.
THE ADMINISTRATION RECOMMENDS ADOPTING THE RESOLUTION.
Advisory Board Recommendation:
N/A
Financial Information:
Source of Amount Account
Funds: . 1
2
OBPI Total
Financial Impact Summary: N/A
City Clerk's Office Legislative Tracking:
Fernando Vazquez, City Engineer, ext.6399
Sign - Offs:
Department Direct Assistant Ci ,i,- nager City Manager
FHB JGG 1■-11 JMG
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IPA / I's EACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: City Manager Jorge M. Gonzalez
DATE: January 19, 2011 ?f?5'r
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE
EXECUTION OF AMENDMENT NO. THREE TO THE JOINT
PARTICIPATION AGREEMENT BY AND BETWEEN THE CITY AND THE
FLORIDA DEPARTMENT OF TRANSPORTATION, DATED OCTOBER 31,
2007, FOR THE MILLING AND RESURFACING IMPROVEMENTS ALONG
INDIAN CREEK DRIVE (SR MA) BETWEEN 26 AND 41 STREETS, TO
EXTEND THE CONTRACT FOR AN ADDITIONAL FIVE MONTHS,
THROUGH AND INCLUDING JUNE 30, 2011 AND TO EXTEND THE FINAL
INVOICE SUBMITTAL DATE TO OCTOBER 28, 2011.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
ANALYSIS
Indian Creek Drive (SR A1A) is a Federal classified Principal Urban Arterial which falls unde
the jurisdiction of Florida Department of Transportation (FDOT). FDOT had a project t
rehabilitate the roadway. At the same time, the City needed to upgrade the water and sewerl
mains beneath the roadway. The City and FDOT decided that it was mutually beneficial to ente
into a Joint Participation Agreement (JPA) so that both projects would be constructed and
completed simultaneously (Attachment A). This collaborative effort between the City and FDO
includes three components: upgrading the water supply system along SR AlA in order t•
maintain adequate pressures and flows, upgrading the sanitary sewer system to meet the level
of service requirements as dictated in the City's Comprehensive Plan and constructing roadwa
enhancements pursuant to FDOT's milling and resurfacing plans. Once the project i
completed, FDOT will own and maintain the above ground improvements while the City will own
and maintain the water and sanitary sewer improvements.
On February 3, 2010, the City approved Amendment No. 1 and Amendment No. 2 to the JP
for the application of a high friction surface treatment to the curve at Indian Creek Dr / 26 Stree
and to extend the contract term to January 31, 2011, with submittal of the final invoice by Jul
29, 2011, through Resolution No. 2010 27319.
The project completion has been delayed due to unforeseen need to abandon an existing wate
main and transfer its services and fire lines to the new water main. The contractor is currentl
making these connections, which must be completed before milling and resurfacing can occur.
Indian Creek JPA Amendment No. 3 - Six Month Extension
January 19, 2011
Page 2 of 2
Presently, the JPA expires on January 31, 2011 with a requirement to submit the final invoice by
July 29, 2011. Amendment Three would extend the Contract Term . to June 30, 2011, this
extension will provide the City with an additional five months to complete the construction
process and extend final invoice submittal to October 28, 2011, and will provide adequate time
to submit close -out documentation to FDOT (Attachment B).
The City alleges es that the contractor has damaged the existing watermain located within the
Y g g g
Indian Creek right -of -way and that the damage requires the relocation of fire lines and services
to the new main and the abandonment of the existing watermain. The contractor has contested
this claim. As a result, the City and the contractor mediated the issue on August 10, 2010
wherein the contractor agreed to perform the work under dispute and both parties waived rights
to future delay claims (Attachment C).
Discussions with the contractor have yielded a new construction completion date of May 29,
2011. Consequently, the City has requested an additional month, June 30, 2011, from FDOT to
account for any delays.
Except as hereby modified, amended, or changed, all of the terms and conditions of said
original agreement and any amendments thereto will remain in full force and effect.
CONCLUSION
The Administration recommends that the City Commission adopt this resolution providing for
Amendment Three to extend the contract term to June 30, 2011.
Attachments:
A. Joint Participation Agreement
B. Amendment Three to Joint Participation Agreement
C. Settlement Agreement
JMG /JG /FHB /FV
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