Loading...
2017-29983 ResolutionRESOLUTION NO. 2017 -29983 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERGOVERNMENTAL AGENCY AGREEMENT ( "AGREEMENT ") BETWEEN THE CITY OF MIAMI BEACH AND MIAMI -DADE COUNTY, IN A FORM ACCEPTABLE TO THE CITY MANAGER AND THE CITY ATTORNEY, FOR THE INSTALLATION AND MAINTENANCE OF CERTAIN IMPROVEMENTS ON LOCAL ROADWAYS FOR ENHANCED INTERNALLY ILLUMINATED CROSSWALKS (IN- ROADWAY LIGHT ASSEMBLIES), WHICH AGREEMENT IS ATTACHED HERETO AS EXHIBIT A. WHEREAS, as part of the Transportation Master Plan and Bicycle- Pedestrian Master Plan process, the City of Miami Beach Commission adopted a new modal hierarchy consisting of :1- Pedestrians, 2- Bicycles, Transit, and Freight, and 3- Private Vehicles; and WHEREAS, in December 2016, the City's Transportation Department concluded a one -year pilot program for internally illuminated crosswalks (in- roadway light assemblies) at two (2) locations; and WHEREAS, based on the favorable results of the effectiveness study, on February 17, 2017, the Finance and Citywide Projects Committee (FCWPC) endorsed the Administration's recommendation to seek MDCDTPW and FDOT approval of the warrant thresholds for installation and to prioritize the following seven (7) locations based on estimated installation costs and available capital funding: e West Avenue and 6th Street West Avenue and 9th Street West Avenue and 12th Street Collins Avenue and 83rd Street 77th Street and Byron Avenue Indian Creek Drive and 41st Street (Northwest Corner) North Michigan Avenue and 43rd Street; and WHEREAS, the FCWPC recommendation was endorsed via resolution of the City Commission at the March 1, 2017 meeting; and WHEREAS, in July 2017, City and County staff met to discuss the warrants for installation of the Internally Illuminated Crosswalks and next steps for installation; and WHEREAS, County staff advised an Intergovernmental Agency Agreement ( "Agreement ") between the City and County will be required for installation and maintenance of the devices; and WHEREAS, the Agreement is attached hereto as Exhibit A and the Administration recommends the City Manager execute same. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that the Mayor and City Commission hereby authorize the City Manager to execute an Intergovernmental Agency Agreement ( "Agreement ") between the City of Miami Beach and Miami -Dade County, in a form acceptable to the City Manager and the City Attorney, for the installation and maintenance of certain improvements on local roadways for enhanced internally illuminated crosswalks (in- roadway Tight assemblies), which Agreement is attached hereto as Exhibit A. PASSED AND ADOPTED this 2S day of September, 201 ATTEST: Rafae E. Granado, City APPROVED AS TO FORM & LANGUAGE �;�,�����` & F EXEC UTION Or(Af4- . ity Attom Date z T:\AGENDA \2017 \9 - September \Transportation \Resolution Authorizing City Manager to Execute Covenant for Installation and Maintenance of Internally Illuminated Crosswalks- RESO.docx MAM: BEACH Resolutions - C7 I COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: September 13, 2017 SUBJECT A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERGOVERNMENTAL AGENCY AGREEMENT ( "AGREEMENT ") BETWEEN THE CITY OF MIAMI BEACH AND MIAMI -DADE COUNTY, IN A FORM ACCEPTABLE TO THE CITY MANAGER AND THE CITY ATTORNEY, FOR THE INSTALLATION AND MAINTENANCE OF CERTAIN IMPROVEMENTS ON LOCAL ROADWAYS FOR ENHANCED INTERNALLY ILLUMINATED CROSSWALKS (IN- ROADWAY LIGHT ASSEMBLIES), WHICH AGREEMENT IS ATTACHED HERETO AS EXHIBIT A. RECOMMENDATION The Administration recommends that the Mayor and City Commission approve the Resolution. BACKGROUND In December 2016, the City's Transportation Department concluded a one -year Commission- approved pilot program consisting of the installation of Internally Illuminated (LED) Crosswalks at two (2) unsignalized crosswalk locations in the City (Alton Road /1st Street and Liberty Avenue /22nd Street). Based on the favorable results of the post- effectiveness study, on February 17, 2017, the Finance and Citywide Projects Committee (FCWPC) endorsed the Administration's recommendation to seek Miami -Dade County Department of Transportation and Public Works (DTPW) approval and Florida Department of Transportation (FDOT) approval of the warrant thresholds for installation developed by the City Transportation Department Staff and to prioritize the following seven (7) locations based on estimated installation costs and available capital funding: • West Avenue and 6th Street • West Avenue and 9th Street • West Avenue and 12th Street • Collins Avenue and 83rd Street • 77th Street and Byron Avenue • Indian Creek Drive and 41st Street (Northwest Corner) • North Michigan Avenue and 43rd Street The FCWPC recommendation was endorsed via Resolution of the City Commission at the March 1, 2017 Commission meeting. Pursuant to City Commission directive, Transportation Department Staff has submitted the proposed installation warrant thresholds to DTPW and FD OT for review and approval. Page 446 of 2353 In June 2017, the City Commission adopted a Resolution accepting the recommendation of the Neighborhood /Community Affairs Committee to pursue the installation of Internally Illuminated Crosswalks at three (3) unsignalized crosswalks along the Venetian Causeway, ANALYSIS In July 2017, City Transportation Department staff and DTPW staff met to discuss the warrants developed for installation of the Internally Illuminated Crosswalks. At the meeting, County staff reviewed the warrants and offered minor comments to the City. County staff also advised that an Intergovernmental Agreement between the City and County will be required for installation and maintenance of the devices by the City. The Agreement is being reviewed by the City and County Attorney's Office and, once approved as to form and content, will be executed administratively by the City Manager and County Mayor. KEY INTENDED OUTCOMES SUPPORTED Elevate Walkability and Pedestrian Safety To First Criteria Of All Development Decisions, Including Reconstruction And Planning FINANCIAL INFORMATION Funding for the installation and maintenance of Internally Illuminated Crosswalks at the locations approved by the City Commission is subject to Commission adoption of the Fiscal Year 2017/18 Capital and Operating Budget. Legislative Tracking Transportation Sponsor Commissioner Michael Grieco ATTACHMENTS: Description o Resolution Page 447 of 2353 Exhibit A INTERGOVERMENTAL AGENCY AGREEMENT TO PERFORM TRAFFIC ENGINEERING FUNCTIONS THIS INTERGOVERNMENTAL AGENCY AGREEMENT TO PERFORM TRAFFIC ENGINEERING FUNCTIONS (AGREEMENT), made and entered into this day of , 2017, by and between the City of Miami Beach ( "City "), a municipal corporation of the STATE OF FLORIDA, and MIAMI -DADE COUNTY (COUNTY); a political subdivision of the STATE OF FLORIDA, MIAMI -DADE County. WITNESSETH WHEREAS, pursuant to Section 2 -96.1 of the'Miami -Dade County Cod,'all'traffic control and traffic engineering services in Miami -Dade County are under the exclusive jurisdiction of the COUNTY; and WHEREAS, Section 2 -96.1 of the Miami- Dade,CduntyCode provides the County Manager or his /her designee with theauthority, in his /her sole discretion, to enter into an intergovernmental agency agreement to permit\an adequately equipped ,municipal agency to assume certain traffic control functions; and WHEREAS, the City desires to assume the installation and maintenance responsibilities of certain traffic engineering functions pertaining to its local municipal streets only; and WHEREAS, the COUNTY has determined that the City is both equipped and able to perform the traffic engineering functions as herein specified on its local streets; and WHEREAS the City has, by proper resolution attached hereto as Exhibit A and incorporated herein by reference, authorized its officer(s) to enter into this AGREEMENT. NOW THEREFORE, the City and the COUNTY agree as follows: 1. The recitals set forth above are incorporated herein by reference. 2. The City will only install and maintain the following designated type of traffic control Page 450 of 2353 devices and only on those local municipal streets operated and maintained by the City within its boundaries: a) Internally Illuminated Crosswalk Devices, In- Roadway Light Assemblies, LED Illuminated Crosswalks combined with Rapid Rectangular Flashing Beacons on local•roadways and county roadways. • 3. The City assumes sole and complete responsibility for the installation and maintenance of all such traffic control devices that are installed by the City within its boundaries. 4. The City assumes sole and complete liability for any accidents and /or injuries which may or are alleged to occur or arise out of the installation, operation or maintenance of said traffic control devices, and hereby indemnifies and saves harmless `the COUNTY from any and all claims of negligence as a result of the installation, operation or maintenance of devices. 5. Traffic control devices may be installed on-AO-Cal municipal streets and county roadways only after signed and sealed plans have been submitted to the Department of Transportation and Public Works (DTPW) of the COUNTY for its review and approval. 6. All traffic control devices installed by the City in accordance with this AGREEMENT shall conform to the applicable requirements established by the following publications: Florida Department of Transportation's Standard Specifications for Road and. Bridge Construction. Manual on Uniform Traffic Control Devices for Streets and Highways, U.S. Department of Transportation Federal Highway Administration (ANSI D6.le- 1989), including latest revisions. Standard Highway Signs, U.S. Department of Transportation, Federal Highway Administration. Miami -Dade County Public Works Manual (available from the Public Works and Waste Management Department, Reproduction Services, 111 NW 1 Street, Suite 1604, Miami, FL 33128) Pag% 451 of 2353 • 7. Notwithstanding any other term in this AGREEMENT, nothing shall be deemed to be a waiver of either the City or the COUNTY's immunity or limitation of liability as provided pursuant to Section 768.28, Florida Statutes, as may be amended from time to time. 8. For installation of traffic control devices, the City shall hire a COUNTY licensed contractor or perform the work in -house by City's Public Works Department. 9. The City shall be responsible for keeping records of any and all installations and repairs, and furnishing pertinent documents as and when said records may be requested. 10. City shall provide an up -to -date list of all locations where Internally Illuminated Crosswalks combined with Rapid Rectangular Flashing' Beacon's are installed, pursuant to the terms of COUNTY's approval of the City's installation warrants. 11. Failure to carry out any of the\duties.and responsibilities assumed herein by the City may result in termination of this AGREEMENT, at the sole discretion of the COUNTY. r 12. Either the City or the COUNTY may, in their respective sole and complete discretion, terminate this Agreement, with or without cause and /or convenience of the terminating party, upon twenty (20) business days written notice; provided, however, the City shall continue to maintain, repair, and be responsible for any traffic control devices installed by the City while this Agreement was in effect. Prior to the termination of this agreement; however, the City may elect to remove any one or all traffic control devices installed by the City, provided the City shall restore the roadway and area in which the traffic device was located to the condition that existed before the City's installation. 13. Upon written notification by the COUNTY, the City shall immediately remove any traffic control devices that are not in compliance with the terms of this Agreement at the City's sole cost and expense. 14. Any notice or communication required hereunder shall be addressed to the following: Page 45g of 2353 TO COUNTY: Alice N. Bravo, DTPW Director 701 NW 1st Court - Suite 1700 Miami, FL 33136 TO CITY: Jimmy Morales, City Manager City of Miami Beach 1700 Convention Center Dirve. , 4th Fioord Miami Beach, FL 33139 IN WITNESS WHEREOF, the CITY and the COUNTY have set their hands the day and year above written. Attest: ti MIAMI -DADE COUNTY HARVEY RUVIN, CLERK By: Deputy Mayor By: County Deputy Clerk,; Approved as to form and legal sufficiency: Assistant County Attorney Attest: CITY OF Page 4543 of 2353 By: By: City Clerk City Manager Approved as to form and legal sufficiency: City Attorney Page 453 of 2353 INTERGOVERMENTAL AGENCY AGREEMENT TO PERFORM TRAFFIC ENGINEERING FUNCTIONS THIS INTERGOVERNMENTAL AGENCY AGREEMENT TO PERFORM TRAFFIC ENGINEERING FUNCTIONS (AGREEMENT), made and entered into this day of 2017, by and between the City of Miami Beach ( "City "), a municipal corporation of the STATE OF FLORIDA, and MIAMI -DADE COUNTY (COUNTY), a political subdivision of the STATE OF FLORIDA, MIAMI -DADE County. WITNESSETH WHEREAS, pursuant to Section 2 -96.1 of the Miami-bade County Code,,all traffic control and traffic engineering services in Miami -Dade County are under the exclusive jurisdiction of the COUNTY; and WHEREAS, Section 2 -96.1 of the Miami -Dade County Code provides the County Manager or his /her designee with the authority, in his /her sore discretion, to enter into an intergovernmental agency agreement to.perniit an adequately equipped municipal agency to assume certain traffic control functions; and WHEREAS, the City desires to assume the installation and maintenance responsibilities of certain traffic engineering functions pertaining to its local municipal streets only; and WHEREAS, the COUNTY has determined that the City is both equipped and able to perform the traffic engineering functions as herein specified on its local streets; and WHEREAS the City has, by proper resolution attached hereto as ExhibitA and incorporated herein by reference, authorized its officer(s) to enter into this AGREEMENT. NOW THEREFORE, the City and the COUNTY agree as follows: 1. The recitals set forth above are incorporated herein by reference. 2. The City will only install and maintain the following designated type of traffic control Page 455 of 2353 devices and only on those local municipal streets operated and maintained by the City within its boundaries: a) Internally Illuminated Crosswalk Devices, In.Roadway Light Assemblies, LED Illuminated Crosswalks combined with Rapid Rectangular Flashing Beacons on local roadways and county roadways. 3. The City assumes sole and complete responsibility for the installation and maintenance of all such traffic control devices that are installed by the City within its boundaries, 4. The City assumes sole and complete liability for any accidents and /or injuries which may or are alleged to occur or arise out of the installation,, operation or maintenance of said traffic control devices, and hereby indemnifies and saves harmless the COUNTY from any and all claims of negligence as a result of the installation, operation or maintenance of devices. 5. Traffic control devices may be installed on local municipal streets and county roadways only after signed and sealed plans\ have been submitted to the Department of Transportation and Public Wdrks (DTPW) of the COUNTY for its review and approval. 6. All traffic control devices installed by the City in accordance with this AGREEMENT shall conform to the applicable requirements established by the following publications: Florida Department of Transportation's Standard Specifications for Road and Bridge Construction. Manual on Uniform Traffic Control Devices for Streets and Highways, U.S. Department of Transportation Federal Highway Administration (ANSI D6.Ie- 1989), including latest revisions. Standard Highway Signs, U.S. Department of Transportation, Federal Highway Administration. Miami -Dade County Public Works Manual (available from the Public Works and Waste Management Department, Reproduction Services, 111 NW 1 Street, Suite 1604, Miami, FL 33128) Fag; 456 of 2353 7. Notwithstanding any other term in this AGREEMENT, nothing shall be deemed to be a waiver of either the City or the COUNTY's immunity or limitation of liability as provided pursuant to Section 768.28, Florida Statutes, as may be amended from time to time. 8. For installation of traffic control devices, the City shall hire a COUNTY licensed contractor or perform the work in -house by City's Public Works Department. 9. The City shall be responsible for keeping records ofany and all installations and repairs, and furnishing pertinent documents as and when said, records may be requested. 10. City shall provide an up -to -date list of all locations where Internally Illuminated Crosswalks combined with Rapid Rectangular Flashing Beacons,are installed, pursuant to the a f terms of COUNTY'S approval of the City's installation warrants. ti 11. Failure to carry out any of the,duties and responsibilities assumed herein by the City may result in termination of this AGREEMENT, at the sole discretion of the COUNTY. 12. Either the City or the COUNTY may, in their respective sole and complete discretion, terminate this Agreement, with or without cause and /or-convenience of the terminating party, upon twenty (20) business days written notice; provided, however, the City shall continue to maintain, repair, and be responsible for any traffic control devices installed by the City while this Agreement was in effect. Prior to the termination of this agreement; however, the City may elect to remove any one or all traffic control devices installed by the City, provided the City shall restore the roadway and area in which the traffic device was located to the condition that existed before the City's installation. 13. Upon written notification by the COUNTY, the City shall immediately remove any traffic control devices that are not in compliance with the terms of this Agreement at the City's sole cost and expense. 14. Any notice or communication required hereunder shall be addressed to the following: Page 457 of 2353 TO COUNTY: Alice N. Bravo, DTPW Director 701 NW 1st Court - Suite 1700 Miami, FL 33136 • TO CITY: Jimmy Morales, City Manager City of Miami Beach 1700 Convention Center 4th Floord Miami Beach, FL 33139 IN WITNESS WHEREOF, the CITY and the COUNTY have set their hands the day and year / above written. Attest: MIAMI -DADE COUNTY HARVEY RUVIN, CLERK By: Deputy Mayor By: County Deputy Clerk, Approved as to form and legal sufficiency: Assistant County Attorney Attest: CITY OF Page 454 of 2353 By: By: City Clerk City Manager Approved as to form and legal sufficiency: Page 459 of 2353