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C7N-Grant -3- Easements To FDOT For Stormwater Pump Stations At Various LocationCOMMISSION ITEM SUMMARY Condensed Title: A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Approving ThE Grant Of Three Easements To The Florida Department Of Transportation (FOOT) For The Construction, Installation, Maintenance, Repair, And Replacement Of: 1) A Stormwater Pump Station And Associatec Infrastructure On West Avenue At 61h Street; 2) A Stormwater Pump Station And Associated InfrastructurE At The Western Terminus Of 1 01h Street; And 3) A Storm water Pump Station And Associated InfrastructurE At The Western Terminus Of 141h Street; Provided, However, That The Aforestated Grant Is Subject To Anc Contingent Upon A Successful Negotiation Of The Final Easement Agreement Between The City Ana FOOT, Which Easement Agreement, If Successfully Negotiated And Finalized, Shall Be Subject To Fina Approval By The City Manager And City Attorney; Further Authorizing The Mayor And City Clerk To ExecutE The Final Easement Agreement, If And When Finalized. Key Intended Outcome Supported: Q_121prove sto~_m drainage cityw_ide Su orting Data Surveys, Envir~nmental Scan, etc.): _ _ -·--:o Per the Cu?tomer Satisfaction Survey, only 44% of residents rat~d storrJl_drainage as excellent or good.] Item Summary/Recommendation: The Florida Department of Transportation (FOOT) is proposing to install three storm water pump stations on Alton Road as part of the improvements planned between 51h Street and Michigan Avenue. The pump stations are located on West Avenue at 51h Street, Alton Road at 1 01h Street, and Alton Road at 141h Street. The FOOT contractor has submitted a cost savings initiative to FOOT to relocate these pump stations. The City has stated to FOOT that it fully endorses the cost savings initiative to reduce traffic impacts to the residents and businesses on Alton Road, West Avenue, and Lenox Avenue and for ease of long-term maintenance of the pump stations. Granting conceptual approval of the easement agreement now will expedite the re-design and permitting of the pump stations and the adjustment of utilities, which would not otherwise begin until FOOT grants approval of the cost savings initiative. The time saved will allow the pump stations to be constructed earlier. This will provide much improved storm water service to the area at an earlier date and reduce the risk of the contractor abandoning the cost savings initiative for fear of exceeding the allowable contract time and incurring liquidated damages. The Administration recommends adopting the Resolution. Advisory Board Recommendation: c· ----. . --· Financial Information: Source of 1· # Amount· =r== Account Approved Funds: r-----I ' 1 t-lj 1-----------------2 3-c-I E L_j I I 4 I t==-t!otal ------OBPI I I I I ----Financial Impact Summary: ----·-~---· City Clerk's Office Legislative Tracking: I I Richard Salt~ck, Public Works-X6565 ' '-----____________________ _.] Sign-Offs: MfAMlBEACH 280 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Me FROM: Jimmy L. Morales, City Manager DATE: May 8, 2013 SUBJECT: A RESOLUTION OF THE MAYOR ND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPRO lNG THE GRANT OF THREE EASEMENTS TO THE FLORIDA DEPARTMENT OF TRANSPORTATION (FOOT) FOR THE CONSTRUCTION, INSTALLATION, MAINTENANCE, REPAIR, AND REPLACEMENT OF: 1) A STORMWATER PUMP STATION AND ASSOCIATED INFRASTRUCTURE ON WEST AVENUE AT 6TH STREET; 2) A STORMWATER PUMP STATION AND ASSOCIATED INFRASTRUCTURE AT THE WESTERN TERMINUS OF 10TH STREET; AND 3) ASTORMWATER PUMP STATION AND ASSOCIATED INFRASTRUCTURE AT THE WESTERN TERMINUS OF 14TH STREET; PROVIDED, HOWEVER, THAT THE AFORESTATED GRANT IS SUBJECT TO AND CONTINGENT UPON A SUCCESSFUL NEGOTIATION OF THE FINAL EASEMENT AGREEMENT BETWEEN THE CITY AND FOOT, WHICH EASEMENT AGREEMENT, IF SUCCESSFULLY NEGOTIATED AND FINALIZED, SHALL BE SUBJECT TO FINAL APPROVAL BY THE CITY MANAGER AND CITY ATTORNEY; FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE FINAL EASEMENT AGREEMENT, IF AND WHEN FINALIZED. ADMINISTRATION RECOMMENDATION The Administration recommends adopting the resolution. BACKGROUND The Florida Department of Transportation (FOOT) is proposing to install three stormwater pump stations on Alton Road as part of the improvements planned between 5th Street and Michigan Avenue. The pump stations are to be located on West Avenue at 5th Street, Alton Road at 1oth Street, and Alton Road at 14th Street. During the FOOT design phase, the City unsuccessfully tried to convince FOOT to relocate the pump stations from the Alton Road travel lanes where the City believes that the impacts associated with installing the pumps in the street and the subsequent need to close the street during pump station maintenance can be reduced by relocating the pump stations. The FOOT contractor also believes that these pump stations can be constructed for less money if relocated to the street ends. Consequently, it has submitted a cost savings initiative to FOOT requesting permission to relocate the pump stations from West Avenue at 5th Street, from Alton 281 City Commission Memorandum -FDOT Alton Road MayB,' 2013 Page 2 of3 Road at 1oth Street, and from Alton Road at 14th Street to West Avenue at 6th Street and the 1oth Street and 14th Street ends at Biscayne Bay, respectively. The City has stated to FDOT that it fully endorses the cost savings initiative for two reasons: 1. Reduction in traffic impacts to the residents and businesses, particularly on Alton Road, West Avenue, and Lenox Avenue during construction 2. Ease of long~term maintenance of the pump stations Under the current plans, the maintenance of traffic plan developed for this project consists of six phases with multiple sub~phases. The construction of the pump station on West Avenue at 5th Street would require nighttime shut downs of the westbound lanes to the MacArthur Causeway/1~395. It would also close the outside through lane full~time. Southbound West Avenue traffic would be detoured to Alton Road at 6th Street during this construction. The pump station construction on Alton at 1oth Street and 14th Street requires the closure of Alton Road to all but local traffic for the duration of the construction. There would be multiple restrictions to traffic flow on Lenox Avenue, gth Street, 11th Street, 1 th Street, 151h Street, and West Avenue because of the detours. Once the pump stations are constructed and in operation, the City will be maintaining them. Due to the brackish groundwater and potential for accelerated corrosion of the pumps, motors, and equipment, it is estimated that City will need to access the pump stations for maintenance six to twelve times per year. In the presently proposed locations, the City will need to close the !eft~turn lane, the inside northbound lane, and the inside southbound lane on Alton Road to perform maintenance of the pump stations on 1 01h and 14th Street. ANALYSIS FOOT requires that its facilities located outside of its right-of-way be placed in easements. The City has already provided easements to FOOT along 1oth and 14th Streets for the proposed construction of its outfall piping through Resolution No. 2012-27970 approved at the July 18, 2012 Commission meeting. However, the proposed pump stations would not fit within the existing easement areas. Therefore, additional easement areas would be needed in order to relocate the pump stations as proposed. Typically, FOOT requests easements for its facilities in the City right-of-way during the design phase of a project, and time is built into the schedule for negotiation of the easement agreements and their execution by the City Commission. However, this project is already in construction, and residents are being impacted by the work. Granting conceptual approval of the easement agreement now will expedite the re-design and permitting of the pump stations and the adjustment of utilities, which would not otherwise begin until FOOT grants its approval of the cost savings initiative. At this time, it is uncertain when that will occur. The time saved will allow the pump stations to be constructed earlier. This will provide much improved stormwater service to the area at an earlier date and reduce the risk of the contractor abandoning the cost savings initiative for fear of exceeding the allowable contract time and incurring liquidated damages. The proposed locations of the pump stations at the 1 01h Street and 141h Street ends have been determined. The precise location of the pump station proposed to be relocated from West Avenue at 51h Street to West Avenue at 61h Street is not yet determined. Therefore, the FOOT contractor is proposing to begin construction on the 1oth and 14th Street pump stations and to construct the 6th Street pump station once its location is finalized. The additional area of the proposed easement on 1oth Street is approximately 1 ,650 .8 square feet, and the additional area of the proposed easement on 141h Street is approximately 840.5 square feet 282 City Commission Memorandum-FDOT Alton Road May8,' 2013 Page 3 of3 (Attachments A and 8, respectively). The area of the 6 1h Street easement is expected to be of similar size. CONCLUSION The Administration recommends that the Mayor and City Commission adopt the resolution noting that these easements will only be granted upon approval of the cost savings initiative by FOOT and successful negotiation of an easement agreement. Attachments: A. B. MT/JJF/RWS Sketch and Legal Description of the 1 01h Street Proposed Easement Sketch and Legal Description of the 141h Street Proposed Easement T:\AGENDA\2013\May 8\FDOT Alton Road Memo.doc 283 N 0.Y)If10" W L01 10 BlOCK BO SU68iVISlO!\I OF LOT [!(:HTY Of TH[ ALTON BEACH REALTY COMJ-'4NY PLAT BOOK 6, P.AGL 1~ N 86'21'50" [ N 00 ~ I >-"' f.D '·"' 7 > <( u tn =:J 16 :)o· C"C >tfF<.~U'I!( /~AS£1 N>lt: S\;f', ~'[\" _../ 10th STRE.ET (::cl'Fl/W) -----------~--------l;:'GA\. ;)f.SCRIPll{)l'll H/'ii'__. LQ~ 15 BLOCK I 1\MENDE:D PL;q FELTV'/000 Si.)8[)1V!SJQN PLA1 !3001< 28. P.!.\G[. 34 SK;~J:.~H ANQ_l,_~~L Q_I::'_SCRlf'T!ON:. SC•'LL ,····!'' CDN1All\jlo'J(: <65-0 8 SO\Ji'\R( r·cr 1 MCHE: OR l[SS. !.IO:ftil.'lmHOCU PUBLIC WORKS DEPARTMENT l!TU ~7<.>~ L':>W\'>:1-liiO"~r,N':I'Il:YIM. 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S~ffll£'i'QR:S Mol!; MAPPCRS Pl.IRSUA/>01 10 (')1.APT~:R 5,:-If ()< TH:f. fU~,iJA 1"0M<NISTF!: ... 11\'[ CCf)( "1{11 V/,UI) Vf11HCt)l Ti-.t 5•CNATtH'"~':>iD S(IC\.u~[[l I "''~~;;;~;·~~-----j~~J,t~;:·:~"~~~~N~·:~' J ~-----------! --~ ~i~;~~\<M·:~:::~\~' (" ''""' .<7~<~;;~; WM< O'rl•w _;!_,\.l.!_q.L A!;:VIS'ON .o.P>"1-' fl.Y 1 0111o· f.l4/7~/1J S'''"'' I ~-: I f)r~·...:.">\,,_f;£:;11_0 __ RESOLUTION NO.----- A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING THE GRANT OF THREE (3) EASEMENTS TO THE FLORIDA DEPARTMENT OF TRANSPORTATION (FOOT) FOR THE CONSTRUCTION, INSTALLATION, MAINTENANCE, REPAIR, AND REPLACEMENT OF: 1) A STORMWATER PUMP STATION AND ASSOCIATED INFRASTRUCTURE ON WEST AVENUE AT 6TH STREET; 2) A STORMWATER PUMP STATION AND ASSOCIATED INFRASTRUCTURE AT THE WESTERN TERMINUS OF 10TH STREET; AND 3) A STORMWATER PUMP STATION AND ASSOCIATED INFRASTRUCTURE AT THE WESTERN TERMINUS OF 14TH STREET; PROVIDED, HOWEVER, THAT THE AFORESTATED GRANT IS SUBJECT TO AND CONTINGENT UPON SUCCESSFUL NEGOTIATION OF THE FINAL EASEMENT AGREEMENTS BETWEEN THE CITY AND FOOT, WHICH EASEMENT AGREEMENTS, IF SUCCESSFULLY NEGOTIATED AND FINALIZED, SHALL BE SUBJECT TO FINAL APPROVAL BY THE CITY MANAGER AND CITY ATTORNEY; FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE FINAL EASEMENT AGREEMENTS, IF AND WHEN FINALIZED. WHEREAS, the Florida Department of Transportation (FOOT) is proposing to install three (3) stormwater pump stations on Alton Road as part of the improvements planned between 51h Street and Michigan Avenue; and WHEREAS, the pump stations are to be located on West Avenue, at 51h Street; Alton Road, at 10th Street; and Alton Road, at 141h Street; and · WHEREAS, the City believes that the impacts associated with installing the pumps in the street, and the subsequent need to close the street during pump station maintenance, can be reduced by relocating the pump stations; and WHEREAS, the FOOT contractor has submitted a cost savings initiative to FOOT requesting permission to relocate the aforestated pump stations from their proposed locations above, to new locations at West Avenue, at 6th Street; and the 101h Street and 14th Street ends at Biscayne Bay; and WHEREAS, relocating these pump stations will result in reduced traffic impacts to the residents and businesses on Alton Road, West Avenue, and Lenox Avenue during construction, and will make the long-term maintenance of the pump stations less impactful; and WHEREAS, FOOT requires that its facilities located outside of its rights-of-way be placed within easements granted to FOOT; and WHEREAS, FOOT will require three (3) easements in order to relocate the pump stations to the proposed new locations; and WHEREAS, granting approval of the easement agreements now subject and conditioned upon successful negotiation of the final agreements, will expedite the re-design and permitting of the pump stations and the adjustment of utilities (which would not otherwise begin until FOOT grants its approval of the cost savings initiative); and WHEREAS, the time saved will allow the pump stations to be constructed earlier, providing much improved stormwater service to the area at an earlier date and reducing the risk of the FOOT contractor abandoning the cost savings initiative for fear of exceeding the allowable contract time and incurring liquidated damages; and 286 WHEREAS, the proposed locations of the pump stations at the 1oth Street and 14th Street ends have been determined, but the precise location of the pump station at West Avenue and 6th Street has not yet been determined. 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 approve the grant of three (3) easements to the Florida Department Of Transportation (FDOT) for the construction, installation, maintenance, repair, and replacement of: 1) a stormwater pump station and associated infrastructure on West Avenue at 6th Street; 2) a stormwater pump station and associated infrastructure at the western terminus of 1oth Street; and 3) a stormwater pump station and associated infrastructure at the western terminus of 14th Street; provided, however, that the aforestated grant is subject to and contingent upon successful negotiation of the final easement agreements between the City and FDOT, which easement agreements, if successfully negotiated and finalized, shall be subject to final approval by the City Manager and City Attorney; further authorizing the Mayor and City Clerk to execute the final easement agreements, if and when finalized. PASSED AND ADOPTED this 8th day of May, 2013. ATTEST: Matti Herrera Bower, Mayor T:\AGENDA\2013\May 8\FDOT Alton Road Reso.doc 287