HomeMy WebLinkAboutJoint Participation Agreement
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Contract Number: A-tJM S1
CSFA Number: 55.0.23
JOINT PARTICIPATION AGREEMENT
BETWEEN
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
AND
THE CITY OF MIAMI BEACH
THIS AGREEMENT is made and entered into this IS~ay of Nove-n,,~ €/ ,
20./210_, between the State of Florida Department of Transportation, a component agency of the
State of Florida, hereinafter referred to as the 'DEPARTMENT', and the City of Miami Beach, a
municipal corporation of the State of Florida, hereinafterreferred to as the 'CITY'.
RECITALS:
WHEREAS, the DEPARTMENT has jurisdiction over and maintains the State Road
AlA corridor (Collins Avenue) in the City of Miami Beach; and
WHEREAS, the CITY has drafted design plans in accordance with DEPARTMENT
standards and specifications for intersection signalization improvements on State Road AlA
from 7th Street to 9th Street, hereinafter referred to as the 'PROJECT', the individual elements of
which are outlined in the attached Exhibit "A", 'Scope of Services', which is herein incorporated
by reference; and
WHEREAS, the DEPARTMENT has programmed funding for the PROJECT under
Financial Project Number 250.236-1-58-0.3, and has agreed to reimburse the CITY for eligible
PROJECT costs up to a maximum limiting amount, as outlined in the attached Exhibit "B",
'Financial Summary', which is herein incorporated by reference; and
WHEREAS, the CITY has agreed to supervise and inspect all aspects of PROJECT
construction and administration; and
WHEREAS, the parties hereto mutually recognize the need for entering into an
Agreement designating and setting forth the responsibilities of each party; and
WHEREAS, the parties are authorized to enter into this Agreement pursuant to Section
339.08(e) and 339.12, Florida Statutes;
Page 1 of 13 .
Joint Participation Agreement between the Florida Department of Transportation and the City of Miami Reach,
Financial Project Number 250236-1-58-03
NOW, THEREFORE, in consideration of the premises, the mutual covenants and other
valuable considerations contained herein, the receipt and sufficiency of which are hereby
acknowledged, the parties agree as follows:
1. INCORPORATION OF RECITALS
The foregoing recitals are true and correct and are incorporated into the body of
this Agreement, as if fully set forth herein.
2. GENERAL REQUIREMENTS
a. The CITY shall submit this Agreement to its City Commission for ratification
or approval by resolution. A copy of said resolution is attached hereto as
Exhibit "C", 'Resolution', and is herein incorporated by reference.
b. The CITY shall submit the final PROJECT design plans for DEPARTMENT
review and approval in accordance with DEPARTMENT standards and
specifications.
c. The CITY shall obtain all necessary permits from the DEPARTMENT, and
other concerned agencies, as needed, prior to commencing PROJECT
construction on DEPARTMENT right of way.
d. The CITY shall advertise for bid, let the consultant and construction contracts,
administer, supervise and inspect all aspects of PROJECT construction until
completion, and, as further defined in Exhibit "A", 'Scope of Services'. The
CITY shall complete the PROJECT on or before June 30, 2008. All aspects of
PROJECT construction and administration are subject to DEPARTMENT
standards and specifications and must be in compliance with all governing
laws and ordinances.
e. The CITY shall not execute any contract or obligate itself in any manner
requiring the disbursement of DEPARTMENT funds, including consulting or
construction contracts or amendments thereto, with any third party with
respect to the PROJECT without the prior written approval of the
DEPARTMENT. The DEPARTMENT specifically reserves the right to
review qualifications of any consultant or contractor and to approve of
disapprove CITY employment of same.
f. The DEPARTMENT shall reimburse the CITY for eligible PROJECT costs as
defined in Exhibit "B", 'Financial Summary', and in accordance with the
financial provisions in Section 3 of this Agreement.
3. FINANCIAL PROVISIONS
a. Eligible PROJECT costs may not exceed SEVEN HUNDRED TWENTY-SIX
THOUSAND SEVEN HUNDRED FIFTY-SEVEN DOLLARS
($726,757.00), as outlined in Exhibit "B", 'Financial Summary'. If additional
Page 2 of!3 .
Joint Parn"cipation Agreement between the Florida Department of Transportation and the City of Miami Beach,
Financial Project Number 250236.]-58-03
funding IS required, contingent upon DEPARTMENT approval, a
supplemental agreement between the DEPARTMENT and the CITY
authorizing the additional funding shall be executed prior to such costs being
incurred.
b. The DEPARTMENT agrees to pay the CITY for the herein described services
at a compensation as detailed in this Agreement.
c. Payment shall be made only after receipt and approval of goods and services
unless advance payments are authorized by the State Comptroller under
Section 215.422(14), Florida Statutes, or by the Department's Comptroller
under Section 334.044(29), Florida Statutes.
d. Bills for fees or other compensation for services or expenses shall be
submitted in detail sufficient for a proper preaudit and postaudit thereof.
e. Travel costs will not be reimbursed.
f. Records of costs incurred under the terms of this Agreement shall be
maintained and made available upon request to the DEPARTMENT at all
times during the period of this Agreement and for three years after final
payment is made. Copies of these documents and records shall be furnished to
the DEPARTMENT upon request. Records of costs incurred includes the
CITY's general accounting records and the project records, together with
supporting documents and records, of the contractor and all subcontractors
performing work on the project, and all other records of the contractor and
subcontractors considered necessary by the DEPARTMENT for a proper audit
of costs.
g. Nothing in this Agreement shall be construed to violate the provisions of
Section 339.135 (6) (a), Florida Statutes, which provides as follows:
The DEPARTMENT, during any fiscal year, shall not expend money,
incur any liability, or enter into any contract which, by its terms, involves the
expenditure of money in excess of the amounts budgeted as available for
expenditure during such fiscal year. Any contract, verbal or written, made in
violation of this subsection is null and void, and no money may be paid on
such contract. The DEPARTMENT shall require a statement from the
Comptroller of the DEPARTMENT that such funds are available prior to
entering into any such contract or other binding commitment of funds.
Nothing herein contained shall prevent the making of contracts for periods
exceeding one year, but any contract so made shall be executory only for the
value of the services to be rendered or agreed to be paid for in succeeding
fiscal years; and this paragraph shall be incorporated verbatim in all contracts
of the DEPARTMENT which are for an amount in excess of TWENTY FIVE
THOUSAND DOLLARS ($25,000.00) and which have a term for a period of
more than one year.
Page 3 of 13
Joint Participation Agreement between the Florida Department of Transportat;oll and the City afMiami Beach,
Financial Project Number 250236-1-58-03
h. The DEPARTMENT's obligation to pay IS contingent upon an annual
appropriation by the Florida Legislature.
4. INDEMNIFICATION
To the extent permitted by Section 768.28, Florida Statutes, the parties agree
to indemnify each other for liability due to any act or omission, neglect or
wrongdoing of a party or any of its officers, agents or employees. Further, the
parties agree to defend each other against any and all such claims or demands
which may be claimed and have arisen as a result of or in connection with the
parties' participation in this Agreement. Nothing contained herein shall be
construed to contradict the provisions of Section 768.28, Florida Statutes, nor
shall this Section be construed to require either party to indemnify the other
for the negligent acts of the other.
5. GOVERNING LAW
This Agreement shall be governed and construed in accordance with the laws of
the State of Florida.
6. AMENDMENT
This Agreement may be amended by mutual agreement of the DEPARTMENT
and the CITY expressed in writing, executed and delivered by each party.
7. INVALIDITY
If any part of this Agreement shall be determined to be invalid or unenforceable,
the remainder of this Agreement shall not be affected thereby, if such remainder
eontinues to conform to the terms and requirements of applicable law.
8. COMMUNICATIONS
a. All notices, requests, demands, consents, approvals and other communications
which are required to be served or given hereunder, shall be in writing and
hand-delivered or sent by either registered or certified U.S. mail, return receipt
requested, postage prepaid, addressed to the party to receive such notices as
follows:
To DEPARTMENT:
Florida Department of Transportation
1000 Northwest III Avenue, Room 6137
Miami, Florida 33172-5800
Attn: Kenneth Robertson, JP A Coordinator
Ph: (305) 470-5452; Fax: (305) 470-5552
To CITY: City of Miami Beacb
Capital Improvement Projects Office
Page4of13 .
Joint Participation Agreement be/ween the Florida Department of Transportation and the City of Miami Beach,
Financial Project Number 250236-]-58-03
1700 Convention Center Drive
Miami Beach, Florida 33139
Attn: Jorge C. Cano, P.E., Assistant Director
Ph: (305) 673-7071; Fax: (305) 673-7073
b. Either party may, by notice given as aforesaid, change its address for all
subsequent notices. Notices given in compliance with this section shall be
deemed given when placed in the mail.
9. EXPIRATION OF AGREEMENT
The CITY agrees to complete the PROJECT on or before June 30, 2008. If the
CITY does not complete the PROJECT within this time period, this Agreement
will expire unless an extension of the time period is requested by the CITY and
granted in writing by the DEPARTMENT's District Six Secretary or Designee.
Expiration of this Agreement will be considered termination of the PROJECT.
10. FINAL INVOICE
The CITY must submit the final invoice on this PROJECT to the DEPARTMENT
within 120 days after the expiration of this Agreement. Invoices submitted after
the l20-day time period will not be paid.
11. AUDITS
State of Florida Single Audit Act requirements as outlined in the attached Exhibit
"D", 'Audit Reports', are incorporated herein by reference.
12. ENTIRE AGREEMENT
This Joint Participation Agreement is the entire Agreement between the parties
hereto, and it may be modified or amended only by mutual consent of the parties
in writing.
-- REMAINDER OF PAGE INTENTIONALLY LEFT BLANK --
Page 5 of 13
Joint Participation Agreement between the Florida Department ojTramportation and the City of Miami Beach,
Financial Project Number 250236.].58-03
IN WITNESS WHEREOF, the parties hereto have executed this Agreement, on the day
and year above written.
CITY OF MIAMI BEACH
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BY: ~ I
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Arr~ST:,~~ Y p~
(SEAL).', ',CITY CLERK
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STATE OF FLORIDA, DEPARTMENT
OF TRAN PO ,ATION:
BY:
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ATTEST:L. ~
(SEAL) EXECUTIVE SECRETARY
LEGAL REVIEW:
APPROVED AS TO
FORM & LANGUAGE
F ECUTION
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DISTRICT GENERAL COUNSEL
Page 6 of 13
Joint Participation Agreement between the Florida Department afTransportation and the City of Miami Beach,
Financial Project Number 250236-}.S8-03
EXHIBIT "A"
SCOPE OF SERVICES
The PROJECT Scope of Services is comprised of the following elements within the below-
defined PROJECT Limits. The CITY will let, supervise and inspect all aspects of PROJECT
construction and administration. The approved PROJECT design plans, prepared by A&P
Consulting Transportation Engineers Corporation, are attached hereto and incorporated herein by
reference.
· Install new traffic signals at SR AlA/7th Street and SR A lA/9th Street
· Modify existing traffic signals at SR AlA/8th Street for new lane assignments
· Upgrade ramps according to DEPARTMENT standards at SR AlA/th Street, SR
AlA/ 8th Street and SR AlA/9th Street
. Mill and resurface the pavement on SR AlA, 50 feet beyond the returns at 7th, 8th
and 9th Streets
. Replace the pavement marking and signage at SR AlA/7th Street, SR AlA/8th .
Street and SR AlA/9th Street intersections as needed
PROJECT Limits: SR AlA/Collins Avenue, from th Street to 9th Street
FDOT Financial Project Numbers: 250236-1-58-03
County: Miami-Dade
FDOT Project Manager: Erenia Nagid, P.E., (305) 470-5469
CITY Project Manager: Fernandez Vazquez, P.E., (305) 673-7071
Page 7 of!3 .
Joint Participation Agreement between the NorMa Depanment of Transportation and the City afMiami Beach.
Financial Project Nu.mber 250236-1-58~03
EXHIBIT "B"
FINANCIAL SUMMARY
Eligible PROJECT costs for reimbursement are below-listed and are detailed in the attached
PROJECT Financial Estimate, which is incorporated herein by reference.
Financial Project Number 250236-1-58-03
Prepare design plans for 7th and 8th Street & SR AlA (Collins Avenue):
Surveying and Utility Verification
Permitting and Project Management Coordination:
Public Information during Construction:
Install three traffic signal systems wi conv. Shaft Foundations (detail attached):
Provide Construction Engineering Inspection Services:
As-builts (included in CEI cost):
$37,500.00
$5,200.00
$0.00
$5,000.00
$650,557.00
$28,500.00
$0;00
Total PROJECT Cost Estimate:
$726,757.00
Page 8 of 13
Joint Participation Agreement between the Florida Department of l'ran.fportation and the City of Miami Beach.
Financial Project Number 250236-1-58-03
EXHIBIT "C"
RESOLUTION
To be herein incorporated once approved by the CITY Commission.
Page9of13 .
Joint Participation Agreement between the Florida Department a/Transportation and the City a/Miami Beach,
Financial Project Number 250236-]-58-03
EXHIBIT "D"
AUDIT REPORTS
Thc administration ofresources awarded by the Department to the CITY OF MIAMI BEACH may be subject to audits
and/or monitoring by the Department, as described in this section. For further guidance, see the Executive Office of
the Governor website, which can be found at www.fssa.state.fl.us.
MONITORING
In addition to reviews of audits conducted in accordaoce with OMB Circular A-133 and Section 215.97, F.S., as
revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by
Department staff, limited scope audits as dermed by OMB Circular A-I33, as revised, aod/or other procedures. By
entering into this agreement, the recipient agrees to comply aod cooperate fully with any monitoring
procedures/processes deemed appropriate by the Department. In the event the Department determines that a limited
scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by
the Department staff to the CITY OF MIAMI BEACH regarding such audit. The CITY OF MIAMI BEACH further
a1:,J'fces to comply and cooperate with any inspections) reviews, investigations, or audits deemed necessary by the Chief
Financial Officer (CFO) or Auditor General.
AUDITS
PART I: FEDERALLY FUNDED
Recipients of federal funds (i.e. state, local government, or non-profit organizations as defincd in OMB Circular A-
133, as revised) are to have audits done annually using the following criteria:
1. In the evenl that the recipient expends $300,000 ($500,000 for fiscal years ending afler December 31, 2003)
or more in Federal awards in its fiscal year, the recipient must have a single or program-specific audit
conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 1 to this
agreement indicates Federal resources awarded through the Department by this agreement. In detennining
the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards,
including Federal resources rcceived from the Department. The determination of amounts of Federal awards
expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An
audit of the recipient conducted by the Auditor General in accordaoce with the provisions OMB Circular A-
133. as revised. will meet the requirements of this part.
2. In connection with the audit requirements addressed in Part I, paragraph 1., the recipient shall fulfill the
requirements relative to auditee responsibilities as provided in Subpart C ofOMB Circular A-133, as revised.
3. If the recipicnt expends less than $300,000 ($500,000 for fiscal years ending after December 31, 2003) in
Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-
133, as revised, is not required. In the event that the recipient expends less thao $300,000 ($500,000 for fiscal
years ending after December 31, 2003) in Federal awards in its fiscal year and elects to have an audit
. conducted in accordance with the provisions ofO.MB Circular A-I33, as revised. the cost of the audit must be
paid from non-Federal resources (i.c.) the cost of such an audit must be paid from recipient resources obtained
from other than Federal entities).
4. Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and
number, award number and year) and name of the awarding federal agency.
Page 10 of 13
Joint Participation Agreement between the Florida Department of Transportation and the City of Miami Beach.
Financial Project Number 250236-1-58-03
PART II: STATE FUNDED
Recipients of state funds (i.e. a nonstate entity as defmed by Section 215.97(2)(1), Florida Statutes) are to have audits
done annually using the following criteria:
1. In the event that the recipient expends a lotal amount of state financial assistance equal to or in excess of
$300,000 ($500,000 for fiscal years ending on September 30, 2004, and thereafter) in any fiscal year of such
recipient, the recipient must have a State single or project-specific audit for such fiscal year in accordance with
Section 215.97, Florida Statutes; applicable rules of the Executive Office of the Governor and the CFO; and
Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the
Auditor General. EXHIBIT 1 to this agreement indicates state financial assistaoce awarded through the
Department by this agreement. In determining the state fmancial assistance expended in its fiscal year, the
recipient shall consider all sources of state financial assistance, including state [mancial assistance received
from the Department, other state agencies, and other nonstate entities. State [mancial assistance does not
include Federal direcI or pass-through awards and resources received by a nonstate entity for Federal program
matching requirements.
2. In connection with the audit requirements addressed in Part 11, paragraph 1, the recipient shall ensure that the
audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a
financial reporting package as defined by Section 215.97(2)(d), Florida Statutes, and Chapters 10.550 (local
governmental entities) or 10.650 (nonprofit and for-profit organizations), Rulcs of the Auditor General.
3. If tbe recipient expends less than $300,000 in state financial assistance in its fiscal year ($500,000 for fiscal
years ending on September 30, 2004, and thereafter), an audit conducted in accordance with the provisions of
Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $300,000
($500,000) in state financial assistance in its fiscal year and elects to have an audit conducted in accordance
with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the nonstate
entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other
than State entities).
4. Stale awards are to be identificd using the Catalog of State Financial Assistance (CSF A) title and number,
award number and year, and name of the state agency awarding it.
PART III: OTHER AUDIT REQUIREMENTS
The recipient shall follol" up and take corrective action on audit findings. Preparation of a summary schedule
of prior year audit findings, including corrective action and current status of the audit findings is required.
Current year audit findings require corrective action and status of fmdings.
Records related to unresolved audit fmdings, appeals, or litigation shall be retained until the action is completed
or the dispute is resolved. Access to project records and audit work papers shall be given to the FDOT, the
Comptroller, and the Auditor General. This section does not limit the authority of the Department to conduct or
arrange for the conduct of additional audits or evaluations of state fmancial assistance or limit the authority of
any other state official.
Page 11 of 13
Joint Participation Agreement between. the Florida Department of Transportation and the City of Miami Beach.
Financial Project Number 250236-1-58-03
PART IV: REPORT SUBMISSION
1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and
required by PART I of this agreement shall be submitted, when required by Section .320 (d), OMB Circular A-
133, as revised, by or on behalf of the recipient directly to each of the following:
A. The Department at each ofthe following addresses:
Florida Department of Transportation
1000 Northwest 111 Avenue
Miami, Florida 33172
B. The Federal Audit Clearinghouse desigoated in OMB Circular A-133, as revised (the number of copies
required by Sections .320 (d)(I) aod (2), OMB Circular A-133, as revised, should be submitted to the
Federal Audit Clearinghouse), at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10" Street
Jeffersonville, IN 47132
C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (I), OMB
Circular A-133, as revised.
2. In the event that a copy of the reporting package for an audit required by PART I of this agreement and
conducted in accordance with OMB Circular A-133, as revised, is not required to be submitted to the
Department for reasons pursuaot to section .320 (e)(2), OMB Circular A-133, as revised, the recipient shall
submit the required written notification pursuant to Section .320 (e)(2) aod a copy of the recipient's audited
schedule of expenditures of Federal awards directlv to each of the following:
Florida Department ofTraosportation
1000 Northwest 111 Avenue
Miami, Florida 33172
In addition, pursuant to Section .320 (I), OMB Circular A-133, as revised, the recipient shall submit a copy of
the reporting package described in Section .320 (c), OMB Circular A-133, as revised, and any management
letters issued by the auditor, to the Department at each of the following addresses:
Florida Department of Transportation
1000 Northwest 111 Avenue
Miami, Florida 33172
3. Copies of financial reporting packages required by PART 11 of this a!,'Teement shall be submitted by or on
behalf of the recipient directlv to each of the following:
A. The Department at each of the following addresses:
Florida Departmcnt of Transportation
1000 Northwest 111 Avenue
Miami, Florida 33172
B. The Auditor General's Office at the following address:
Page 12 of 13
Joint Participation Agreement between the F[on"da Department of1'ransportation and the City of Miami Beach,
Financial Project Number 250236.]-58-03
Auditor General's Officc
Room401, Pepper Building
III West Madison Street
Tallahassee, Florida 32399-1450
4. Copies of reports or the management letter required by PART 1lI of this agreement shall bc submitted by or on
behalf of the recipient directlv to:
A. The Department at each of the following addresses:
Florida Departmeot of Transportation
1000 Northwest 111 Avenue
Miami, Florida 33172
5. Any reports, management letter, or other information required to be submitted to the Department pursuaot 10
this agreement shall be submitted timely in accordaoce with OMB Circular A-133, Florida Statutes, aod
Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the
Auditor Geoera1, as applicable.
6. Recipients, when submilting fmancial reporting packages to the Department for audits done in accordance with
OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit
organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered
to the recipient in correspondence accompanying the reporting package.
PART V: RECORD RETENTION
1. The recipient shall retain sufficient records demonstrating its compliance with the terms of this agreement for a
period of at least five years from the date the audit report is issued, and shall allow the Department, or its
designec, the state CFO or Auditor General access to such records upon request. The recipient shall ensure that
the independent audit working papers are made available to the Departmenl, or its designee, the state CFO, or
Auditor General upon request for a period of at least five years from the dale the audit report is issued, unless
extended in writing by the Department.
Page 13 of 13
Joint Participation Agreement between the Florida Department a/Transportation and the City of Miami Beach,
Financial Project Number 250236-]-58.03
RESOLUTION NO. 2006-26375
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO
ENTER INTO A JOINT PARTICIPATION AGREEMENT (JPA) WITH THE
FLORIDA DEPARTMENT OF TRANSPORTATION (FOOT) FOR THE TRAFFIC
SIGNALIZATION OF THE INTERSECTIONS OF 7th, 8th, AND 9th STREETS AT
COLLINS AVENUE, IN AN AMOUNT NOT TO EXCEED $726,757, TO BE
REIMBURSED BY THE FOOT TO THE CITY, AND APPROVING THE
ADDITION OF DESIGN AND CONSTRUCTION SERVICES, IN AN AMOUNT
NOT TO EXCEED $726,757, FOR THE TRAFFIC SIGNALIZATION
IMPROVEMENTS ALONG COLLINS AVENUE AND 7TH, 8th, & 9TH STREETS,
AS AMENDMENT NO. 7 TO THE SCOPE OF SERVICES OF THE
AGREEMENT WITH RIC-MAN, INC., FOR THE WASHINGTON AVENUE
IMPROVEMENTS - PHASES II, IV, AND V STREETSCAPE AND UTILITY
IMPROVEMENT PROJECT.
WHEREAS, the Ci~ aims to improve traffic flow along the oceaGrive
Corridor by converting i and 8th Streets between the limits of Washington t
Avenue and Ocean Drive to one-way streets, and adding a signal to the '------....
intersection at 9th Street and Collins Avenue; and
WHEREAS, these intersections are located in FOOT right-of-way,
however the City has agreed to complete the signalization improvements to the
intersections of Collins Avenue with 7TH, 8TH and 9TH Streets as part of the
Washington Avenue Right-of-Way Improvements Project; and
WHEREAS, the improvements of Collins Avenue at ih, 8th, and 9th Streets
intersections will cost $726,757 which includes preparation of survey, preliminary
engineering, final construction documents, utilities location and relocation,
permits, construction, and construction engineering inspection costs; and
WHEREAS, FOOT has agreed to reimburse the City for the cost of the
project in the amount of & $726,757 in accordance with procedures outlined in
the attached JPA and the documentation submitted by the City; and
WHEREAS, the parties are authorized to enter this JPA pursuant to
Section 339.08 (e), Florida Statutes (1999); and
WHEREAS, pursuant to Resolution No. 2004-25463 the Mayor and City
Commission approved and authorized the Mayor and City Clerk to execute a
Guaranteed Maximum Price Contract with RIC-MAN International, Inc., pursuant
to Invitation to Bid No. 22-02/03 for Design Build Services to Design and
Construct the Washington Avenue Improvements - Phases II, IV and V
Streetscape and Utility Improvement Project (the Agreement); and
WHEREAS, the Agreement provides for the design, permitting,
construction and construction engineering services during construction for the
Washington Avenue Improvements Project, Phase II, IV and V, from 5th Street to
16th Street (the Project); and
WHEREAS, the Agreement was executed for a Guaranteed Maximum
Price of $12,104,429; and
WHEREAS, pursuant to Resolution No. 2006-26205, the City approved
Amendment No. 1 to the Agreement, in the amount of $555,783.98, for the
inclusion of right-of-way improvements to coordinate the Flamingo I Lummus
drainage infrastructure improvements within the Washington Avenue right-of-way
that were required to be constructed so that the drainage system would operate
as designed; and
WHEREAS, Amendment No. 1 increased the total Agreement fee by
$555,783.98, for a total fee of $12,660,212.98; and
WHEREAS, pursuant to Resolution No. 2005-26024, the City approved
Amendment No. 2 to the Agreement, in the amount of $686,880.00, with Miami-
Dade County for the inclusion of traffic signal improvements on 11th,1ih, 13th,
and 14th Streets on Washington Avenue; and
WHEREAS, Amendment No. 2 increased the total Agreement fee by
$686,880.00, for a total fee of $13,347,092.98; and
WHEREAS, pursuant to Resolution No. 2006-26101, the City approved
Amendment NO.3 to the Agreement, in the amount of $1,642,301.22, for the
inclusion of planned right-of-way improvements along ih and 8th Streets,
between Washington Avenue and Ocean Drive; and
WHEREAS, Amendment No. 3 increased the total Agreement fee by
$1,642,301.22, for a total fee of $14,989,394.20; and
WHEREAS, pursuant to Resolution No. 2006-26128, the City approved
Amendment No.4 to the Agreement, in the amount of $455,043.75, for the
inclusion of Green Malayan Coconut Palms in the medians from the 600 to the
1600 block of Washington Avenue; and
WHEREAS, Amendment No. 4 increased the total Agreement fee by
$455,043.75, for a total fee of $15,444,437.95; and
WHEREAS, pursuant to Resolution No. 2006-26199, the City approved
Amendment No.5 to the Agreement, in the amount of $1,094,815.46, for the
inclusion of improvements to the drainage on 16th Street and other miscellaneous
improvements along the Washington Avenue corridor; and
WHEREAS, Amendment No. 5 increased the total contract fee by
$1,094,815.46, for a total fee of $17,268,148.98; and
WHEREAS, on October 11, 2006, the City approved Amendment No.6 to
the Agreement for the additional drainage wells which are required for the proper
operation of the drainage component of the 7th and 8th Street improvements;
and
WHEREAS, Amendment No. 6 increased the total Agreement fee by
$197,760.00, for a total fee of $17,465,908.98; and
WHEREAS, the following Amendment No. 7 to the Agreement, in the
amount of $726,757, provides for the installation of new standard mast-arm
signalization at the intersections of Collins Avenue at ih, 8th and 9th Streets; and
WHEREAS, pursuant to City of Miami Beach and FOOT negotiations,
Joint Participation Agreement under FOOT Financial Project Number 250236-2-
58-01, FOOT has agreed to allow the City to install the noted signalization
improvements, and will reimburse the City $726,757, for the design, permitting,
and installation costs of such; and
WHEREAS, accordingly, the following Amendment No. 7 to the
Agreement increases the total contract cost by $726,757 for a total cost of
$18,192,665.98; and
WHEREAS, the Administration recommends approval of Amendment No.
7 to the Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and
City Commission authorize the Mayor and City Clerk to enter into a Joint
Participation of Agreement (JPA) with the Florida Department of Transrortation
(FOOT) for the traffic signalization of the intersections of ih, 8th, and 9t Streets
at Collins Avenue, as part of the Washington Avenue Improvement Project, in the
amount of $726,757, to be paid for by the FOOT to the City, and approving the
addition of design and construction, in an amount not to exceed $726,757, for the
traffic signalization improvements along Collins Avenue and ih, 8th, & 9th Streets,
as Amendment NO.7 to scope of services of the Agreement with Ric-Man, Inc.,
for the Washington Avenue Improvements - Phases II, IV, and V Streetscape
and Utility Improvement Project.
<2006 -i{,375"
PASSED AND ADOPTED this 11th day of October. 2006.
ATTEST:
~r~~
CITY CLERK
Robert Parcher
I do hereby certify that the above
and foregoing is a true and correct
copy of the original thereof
on file in this office.
WITNESS my hand and seal of said Cl'IY
this ~ day of~A.D.20~
CITY CLERK of the City
of Miami Beach, Florida
BY d~ .r--2l
DEPUTY
T:\AGENDA\2006\RegularlCollins JPA-Reso.doc
APPROVED AS TO
FORM a. LANGUAGE
a. FOR EXECUTION
~~J:.\o~
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution of the Mayor and City Commission of the City of Miami Beach, Florida, authorizing the Mayor
and City Clerk to enter into a Joint Participation Agreement (JPA) with the Florida Department of
Transportation (FDOT) for the traffic signalization of the intersections of 7''',8''', and 9'" Streets at Collins
Avenue, in an amount not to exceed $726,757, to be reimbursed by the FDOT to the City, and approving
the addition of design and construction services, in an amount not to exceed $726,757. for the traffic
signalization improvements along Collins Avenue and 7'", 8"', & 9th Streets, as Amendment No.7 to the
scope of services of the agreement with Ric-Man, Inc., for the Washington Avenue Improvements -
Phases II, IV, and V Streetsca e and Utili 1m rovement Pro'ect.
Ke Intended Outcome Su orted:
Maintain or Improve Traffic Flow.
Issue:
I Shall the City approve Resolution?
Item Summa IRecommendatlon:
In 2000, under Resolution 2000-24221, the City approved the Ocean Drive Traffic Management Plan to
implement transportation projects that would help improve mobility and to better manage traffic congestion
in and around the Ocean Drive area. It was determined that 7'" Street, between Ocean Drive and
Washington Avenue, would be converted as a one-way eastbound street, and that 8'" Street, between
Ocean Drive and Washington Avenue, would be converted as a one-way westbound street. The change in
the traffic flow warrants the installation of traffic control signals, as well as the reconfiguration of pavement
striping and markings, and signage, at the intersections of these streets with Collins Ave. The FDOT Work
Program has scheduled improvements for Collins Avenue, between the limits of 5"'to 15'" Street, under
Financial Project ID 250236-1-52-01. Independent of this effort, FDOT also hired a consultant to conduct
a signal warrant study at the intersection of 9th Street and Collins Avenue. This study determined that a
signal was warranted at that location, and that this work could be most efficiently completed along with the
signalization of 7'" and 8'" Streets. The City of Miami Beach and the FDOT, have agreed to allow the City to
install the noted traffic signalization improvements under a Joint Participation Agreement (JPA) for a not-
to-exceed amount of $726,757, and FDOT has agreed to reimburse the costs. In order to expedite the
traffic signalization improvements, the City is proposing the addition of design and construction services, in
an amount not to exceed $726,757, for the traffic signalization improvements along Collins Avenue and 7''',
8th, and 9'" Streets, as Amendment No. 7to the scope of services of the agreement with Ric-Man, Inc., for
the Washington Avenue Improvements - Phases II, IV, and V Streetscape and Utility Improvement
Pro'ect. Once the ro"ect is com leted, FDOT will own and maintain these im rovements.
Advisory Board Recommendation:
I N/A
Financial Information:
Source of Amount Account Approved
Funds: 1 $726,757 FDOT
I I 2 .
OBPI Total $726,757
City Clerk's Office Legislative Tracking:
I Robert Halfhill
Si n-Offs:
Department Director
Assistant City Manager
City Manager
fOc-..JfI.\.6.
lD
"'WI"
MIAMIBEACH
AGENDA ITEM
DATE
tf<7K
IO-If-ob
e MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
FROM:
Mayor David Dermer and Members of the City Commission
City Manager Jorge M. Gonzalez Fer...JM.G. d--
October 11, 2006
TO:
DATE:
SUBJECT:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND
CITY CLERK TO ENTER INTO A JOINT PARTICIPATION
AGREEMENT (JPA) WITH THE FLORIDA DEPARTMENT OF
TRANSPORTATION (FDOT) FOR THE TRAFFIC SIGNALIZATION OF
THE INTERSECTIONS OF 7th, 8th, AND 9th STREETS AT COLLINS
AVENUE, IN AN AMOUNT NOT TO EXCEED $726,757, TO BE
REIMBURSED BY THE FDOT TO THE CITY, AND APPROVING THE
ADDITION OF DESIGN AND CONSTRUCTION SERVICES, IN AN
AMOUNT NOT TO EXCEED $726,757, FOR THE TRAFFIC
SIGNALIZATION IMPROVEMENTS ALONG COLLINS AVENUE AND
7TH, 8th, & 9TH STREETS, AS AMENDMENT NO.7 TO THE SCOPE OF
SERVICES OF THE AGREEMENT WITH RIC-MAN, INC., FOR THE
WASHINGTON AVENUE IMPROVEMENTS - PHASES II, IV, AND V
STREETSCAPE AND UTILITY IMPROVEMENT PROJECT.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
ANALYSIS
In 2000, under Resolution 2000-24221, the City approved the Ocean Drive Traffic
Management Plan to implement transportation projects that would help improve mobility
and to better manage traffic congestion in and around the Ocean Drive area. This plan
included street flow modification measures to better control and manage the vehicular
traffic during late night, weekends, and special events, as well as increase the
effectiveness of pOlice enforcement. It was determined that 7th Street, between Ocean
Drive and Washington Avenue, would be converted as a one-way eastbound street, and
that 8th Street, between Ocean Drive and Washington Avenue, would be converted as a
one-way westbound street.
The change in the traffic flow warrants the installation of traffic control signals, as well as
the reconfiguration of pavement striping and markings, and signage, at the intersections
of these streets with Collins Ave. These intersections are located within the Florida
Department of Transportation (FDOT) right-of-way. The FDOT Work Program has
scheduled improvements for Collins Avenue, between the limits of 5th to 15th Street,
under Financial Project 10 250236-1-52-01.
Independent of this effort, FOOT also hired a consultant to conduct a signal warrant
study at the intersection of 9th Street and Collins Avenue. This study determined that a
signal was warranted at that location, and that this work could be most efficiently
completed along with the signalization of 7th and 8th Streets.
Pursuant to discussions between the City of Miami Beach and the FOOT, both parties
have agreed to allow the City to install the noted traffic signalization improvements under
a Joint Participation Agreement (JPA) for a not-to-exceed amount of $726,757 (see
Exhibit A.) and FOOT has agreed to reimburse the costs using funding from the Collins
Avenue Project.
In order to expedite the traffic signalization improvements, the City is proposing the
addition of design and construction services, in an amount not to exceed $726,757, for
the traffic signalization improvements along Collins Avenue and 7th, 8th, and 9th Streets,
as Amendment No. 7 to the scope of services of the agreement with Ric-Man, Inc., for
the Washington Avenue Improvements - Phases II, IV, and V Streetscape and Utility
Improvement Project. Once the project is completed. FOOT will own and maintain these
improvements.
CONCLUSION:
Based on the aforementioned, the Administration recommends that the Mayor and City
Commission adopt the Resolution authorizing the Mayor and City Clerk to enter into a
Joint Participation Agreement with the Florida Oept. of Transportation for the traffic
signalization of the intersections of 7th, 8th, and 9th Streets along Collins Avenue, in an
amount not to exceed $726,757, to be reimbursed by FOOT to the City, and approving
the addition of design and construction services, in an amount not to exceed $726,757.
for the traffic signalization improvements along Collins Avenue and 7th, 8th, & 9th Streets,
as Amendment No. 7 to the scope of services of the agreement with Ric-Man, Inc., for
the Washington Avenue Improvements - Phases II, IV, and V Streetscape and Utility
Improvement Project.
T:\AGENDA\2006\RegularlCollins JPA-MemO.doc