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Agreement between CMB & State of Florida Department of Transportation uut..0 JIyII CIIvelupe IL/.L1,4/IJIJCV-r Uou-4/M4-D l'J(-:7UL//Jr CU IOlJ4 20 2Z-322,1 ) FLORIDA DEPARTMENT OF TRANSPORTATION PATTERN PAVEMENT CROSSWALKS, LANDSCAPING AND MISCELLANEOUS PEDESTRIAN FEATURES MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE CITY OF MIAMI BEACH This AGREEMENT, entered into on February 2 , 20 2024, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter called the DEPARTMENT, and the CITY OF MIAMI BEACH, a municipal corporation of the State of Florida, hereinafter called the CITY, and collectively referred to as the PARTIES. RECITALS: A. The DEPARTMENT has jurisdiction over State Road (SR) 907 (Alton Road) at Lincoln Road, which is located within the limits of the CITY; and B. The CITY, pursuant to Permit Numbers 2020-A-691-00021 and 2021-L-691-00007, has drafted design plans for improvements along SR-907 (Alton Road) at Lincoln Road, the limits of which are further described Exhibit 'A' attached hereto and made part hereof (PROJECT LIMITS) , have been approved in accordance with the design plans referenced in said Permit (PLANS) ; and C. The CITY will install pattern pavement crosswalks, landscaping and pedestrian features along SR-907, inside the DEPARTMENT Right-of-Way, within the PROJECT LIMITS, in accordance with Permit Numbers 2020-A-691-00021 and 2021- L-691-00007 (the "Project") ; and D. It is the intent of the PARTIES for this AGREEMENT to supplement all existing Maintenance Memorandum of Agreement and existing Permits previously executed between the DEPARTMENT and the CITY; and E. The PARTIES to this AGREEMENT mutually recognize the need for entering into an agreement designating and setting forth the CITY' s responsibilities with regards to the Maintenance Memorandum of Agreement between Flonda Department of Transportation and City of Miami Beach(SR-907) Page 1 of 13 uocu igri trivelope tu:Gk.4/1Al.t l.-rot3u-4/H4-Dl.J/-you/Jrtu Ibl.4 maintenance of the pattern pavement crosswalks, landscaping and pedestrian features (the "IMPROVEMENTS") within the PROJECT LIMITS; and 2022-32291 September 14, 2022 F. The CITY, by Resolution No. , dated attached hereto as Exhibit `B' , which by reference shall become a part of this AGREEMENT, desires to enter into this AGREEMENT and authorizes its officers to do so. NOW, THEREFORE, for and in consideration of the mutual benefits contained herein and other good and valuable consideration, the PARTIES covenant and agree as follows: 1. RECITALS The recitals in this AGREEMENT are true and correct, and are incorporated herein by reference and made a part hereof. 2. DEPARTMENT RESPONSIBILITIES The PARTIES agree that the execution of this AGREEMENT shall constitute an assignment of all maintenance responsibilities pertaining to the IMPROVEMENTS within the PROJECT LIMITS to the CITY upon the DEPARTMENT' s acceptance of the CITY' s work. 3. CITY' S MAINTENANCE RESPONSIBILITIES So long as the IMPROVEMENTS remain in place, the CITY shall be responsible for the maintenance of the same. The CITY shall maintain the IMPROVEMENTS in accordance with all applicable DEPARTMENT guidelines, standards, and procedures, which shall include but shall not be limited to the Maintenance Rating Program Handbook, as may be amended from time to time. Additionally, with respect to the landscape, the CITY shall maintain same in accordance with the International Society of Arboriculture standards, guidelines and procedures, the latest edition of the "Maintenance Rating Program", and Index 546 of the latest DEPARTMENT Design Standards, as may be amended from time to time. The CITY shall further maintain the IMPROVEMENTS in accordance with the standards set forth in the Project Plans, and in the Project Specifications and Special Provisions . The CITY' s maintenance obligations shall include but not be limited to: Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach(SR-907) Page 2 of 13 UUI:UJIIyII CI I11tl1Upe IU.L1,,4/VI,CI.r-r"V DV-+,#%$D\JO!-UVU I or"CU 1 OL'41 So long as the IMPROVEMENTS remain in place, the CITY shall be responsible for the maintenance of the same, at CITY' s sole cost and expense. The CITY shall maintain the pattern pavement crosswalks, landscaping and pedestrian features in accordance with all applicable DEPARTMENT guidelines, standards, and procedures, which shall include but shall not be limited to the Maintenance Rating Program Handbook, as may be amended from time to time . Additionally, the CITY shall maintain the landscape in accordance with the International Society of Arboriculture standards, guidelines and procedures, the latest edition of the "Maintenance Rating Program", and Index 546 of the latest DEPARTMENT Design Standards as may be amended from time to time. The CITY shall further maintain the landscape, turf and hardscape in accordance with the standards set forth in the Project Plans, and in the Project Specifications and Special Provisions . The CITY/ s maintenance obligations for all proposed landscape, turf, pedestrian features, and pattern pavement crosswalks shall include but not be limited to: 3 . 1 General Requirements : a. Removing and disposing of litter from PROJECT LIMITS in accordance with all applicable government rules, regulations, policies, procedures, guidelines, and manuals, as amended from time to time. b. Maintain all gravity walls, pedestrian steps, risers, handrails, bus shelters, and all elements associated with the aforementioned features. c. Removing and disposing of all trimmings, roots, branches, litter, and any other debris resulting from the activities described by 3 . 1 through 3.2 . d. Maintaining a service log of all maintenance operations that sets forth the date of the maintenance activity, the location that was maintained, and the work that was performed. e. Submitting Lane Closure Requests to the DEPARTMENT when maintenance activities will require the closure of a traffic lane in the DEPARTMENT' s right-of-way. Lane closure requests shall be submitted through the District Six Lane Closure Information System, to the DEPARTMENT's Maintenance Memorandum of Agreement between Flonda Department of Transportation and City of Miami Beach(SR-907) Page 3 of 13 uouuJlgn envelope -`,ouI 3rCu IOU4 area Permit Manager and in accordance with the District Six Lane Closure Policy, as may be amended from time to time . 3.2 Pattern Pavement: a. Within sixty (60) days of project acceptance by the DEPARTMENT, all lanes of each patterned crosswalk shall be evaluated for surface friction. The friction test shall be conducted using either a locked wheel tester in accordance with FM 5-592 (Florida Test Method for Friction Measuring Protocol for Patterned Pavements) or a Dynamic Friction Tester in accordance with ASTM E1911 . FM5-592 can be accessed at the following link: http:, materials.dot.state.fl.us;smoadministration'resources,library;publications:f stm;Methodsi'fm5-592.pdf b. The initial friction resistance shall be at least 35 obtained at 40 mph with a ribbed tire test (FN4OR) or equivalent. Failure to achieve this minimum resistance shall require all deficient crosswalk areas to be removed to their full extent (lane-by-lane) and replaced with the same product installed initially. If the DEPARTMENT determines that more than 50% of the lanes in the intersection require replacement, the entire intersection installation may be reconstructed with a different product on the Qualified Products List (QPL) or replaced with conventional pavement. c. Approximately one (1) year after project acceptance and every two (2) years thereafter and for the life of the adjacent pavement, only the outside traffic lane areas of each patterned crosswalk shall be tested for friction resistance in accordance with ASTM E274 or ASTM E1911 . Friction resistance shall, at a minimum, have a FN4OR value of 35 (or equivalent) . d. The results of all friction tests shall be sent to the District' s Warranty Coordinator with a cover letter either certifying that the crosswalks comply with the minimum friction criteria, or stating what remedial action will be taken to restore the friction. e. Failure to achieve the minimum resistance shall require Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach(SR-907) Page 4 of 13 LJUI.UJIy.I I CI IVe1Uale U .4,-01./ ,,.l..Cl.-r I.)DU f/HY-O 6.J/-JUV/Jr CLJ IOI.Y all lanes of the crosswalk to be friction tested to determine the extent of the deficiency. All deficient areas shall be removed to their full extent (lane-by- lane) and replaced with the same product installed initially. If the DEPARTMENT determines that more than 50% of the lanes in the intersection require replacement, the entire intersection installation may be reconstructed with a different product on the QPL or replaced with conventional pavement . f. When remedial action is required in accordance with the above requirements, the CITY shall complete all necessary repairs at its own expense within ninety (90) days of the date when the deficiency was identified. No more than two (2) full depth patterned pavement repairs shall be made to an area without first resurfacing the underlying pavement to 1" minimum depth. g. The DEPARTMENT will not be responsible for replacing the treatment following any construction activities in the vicinity of the treatment . h. Should the CITY fail to satisfactorily perform any required remedial work in accordance with this AGREEMENT, the DEPARTMENT reserves the right to replace the patterned pavement with conventional pavement (matching the adjacent pavement) and bill the CITY for this cost . Maintaining a service log of all maintenance operations that sets forth the date of the maintenance activity, the location that was maintained, and the work that was performed. The DEPARTMENT may, at its sole discretion, perform periodic inspection of the IMPROVEMENTS to ensure that the CITY is performing its duties pursuant to this AGREEMENT. The Department shall share with the CITY its inspection findings, and may use those findings as the basis of its decisions regarding maintenance deficiencies, as set forth in Section 4 of this AGREEMENT. The CITY is responsible for obtaining copies of all applicable rules, regulations, policies, procedures, guidelines, and manuals, and the Project Specification and Special Provisions, as may be amended from time to time. Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach(SR-907) Page 5 of 13 L/UL.u. IyII LiIVeiUpe ILJ. UOU-Y /-.7UIJ/Jr CI-,IOI+Y 4 . MAINTENANCE DEFICIENCIES If at any time it shall come to the attention of the DEPARTMENT that the CITY' s responsibilities as established herein are not being properly accomplished pursuant to the terms of this AGREEMENT, the DEPARTMENT may, at its option, issue a written notice, in care of the CITY MANAGER, to notify the CITY of the maintenance deficiencies . From the date of receipt of the notice, the CITY shall have a period of thirty (30) calendar days, within which to correct the cited deficiency or deficiencies . Receipt is determined in accordance with Section 5 of this AGREEMENT . If said deficiencies are not corrected within this time period, the DEPARTMENT may, at its option, proceed as follows : a. Maintain the IMPROVEMENTS, or a part thereof, and invoice the CITY for expenses incurred; or b. Terminate this AGREEMENT in accordance with Section 7, remove any or all IMPROVEMENTS located within the PROJECT LIMITS, and charge the CITY the reasonable cost of such removal . 5. NOTICES All notices, requests, demands, consents, approvals, and other communication which are required to be served or given hereunder, shall be in writing and shall be sent by certified U.S. mail, return receipt requested, postage prepaid, addressed to the party to receive such notices as follows : To the DEPARTMENT: Florida Department of Transportation 1000 Northwest 111 Avenue, Room 6205 Miami, Florida 33172-5800 Attn: District Maintenance Engineer To the CITY: City of Miami Beach 1700 Convention Drive Miami Beach, Florida 33139 Attention: City Manager Notices shall be deemed to have been received by the end of five (5) business days from the proper sending thereof unless proof of prior actual receipt is provided. Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach(SR-907) Page 6 of 13 UULUJIIyII CI IVCIUpe ILJ.LL.'fI li C.l.-r000-4,M4-Ol.J/-UOLJIorcu 101+4 6. REMOVAL, RELOCATION OR ADJUSTMENT OF THE IMPROVEMENTS a . The PARTIES agree that the IMPROVEMENTS addressed by this AGREEMENT may be removed, relocated or adjusted at any time in the future, at the DEPARTMENT' s sole discretion. The DEPARTMENT shall notify the CITY as soon as practicable of any such removal, relocation or adjustment of the IMPROVEMENTS. This notification is not subject to the notice provisions of Paragraph 5 of this AGREEMENT. In the event that the DEPARTMENT relocates or adjusts the IMPROVEMENTS, the CITY' s maintenance responsibilities will survive the relocation or adjustment, as long as the materials remain within the Project Limits. 7 . TERMINATION This AGREEMENT is subject to termination under any one of the following conditions: a. By the DEPARTMENT, if the CITY fails to perform its duties under Section 3 of this AGREEMENT, following the thirty (30) days written notice, as specified in Section 4 of this AGREEMENT. b. In accordance with Section 287 . 058 (1) (c) , Florida Statutes, the DEPARTMENT shall reserve the right to unilaterally cancel this AGREEMENT if the CITY refuses to allow public access to any or all documents, papers, letters, or other materials made or received by the CITY pertinent to this AGREEMENT which are subject to provisions of Chapter 119, of the Florida Statutes . c. If mutually agreed to by both parties, upon thirty (30) days advance notice. An agreement to terminate shall be valid only if made in writing and executed with the same formalities as this AGREEMENT. 8. TERMS a. The effective date of this AGREEMENT shall commence upon execution by the PARTIES and shall continue so long as the IMPROVEMENTS remain in place until termination as set forth in Section 7 . Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach(SR-907) Page 7 of 13 uocuign tnveiope lu:Ll.4r t -rut u-wr/- -t3l,J!-jOU r or Cu IoI,K b. This writing embodies the entire AGREEMENT and understanding between the PARTIES hereto and there are no other agreements and understanding, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. c. This AGREEMENT shall not be transferred or assigned, in whole or in part, without the prior written consent of the DEPARTMENT. d. This AGREEMENT shall be governed by and constructed in accordance with the laws of the State of Florida. Any provisions of this AGREEMENT found to be unlawful or unenforceable shall be severable and shall not affect the validity of the remaining portions of the AGREEMENT. e. Venue for any and all actions arising out of or in connection to the interpretation, validity, performance or breach of this AGREEMENT shall lie exclusively in a state court of proper jurisdiction in Leon County, Florida. f. A modification or waiver of any of the provisions of this AGREEMENT shall be effective only if made in writing and executed with the same formality as this AGREEMENT. i . The section headings contained in this AGREEMENT are for reference purposes only and shall not affect the meaning or interpretation hereof. j . No term or provision of this AGREEMENT shall be interpreted for or against either Party because the Party or its legal representative drafted the provision. k. The DEPARTMENT is a state agency, self-insured and subject to the provisions of Section 768 .28, Florida Statutes, as may be amended from time to time . Nothing in this AGREEMENT shall be deemed or otherwise interpreted as waiving the DEPARTMENT' s sovereign immunity protections, or as increasing the limits of liability as set forth in Section 768 . 28, Florida Statutes . 1 . The CITY is a municipal corporation, self-insured and subject to the provisions of Section 768 .28, Florida Statutes, as may be amended from time to time . Nothing Maintenance Memorandum of Agreement between Flonda Department of Transportation and City of Miami Beach(SR-907) Page 8 oft 3 LJUL:U0ILy1 I CI IVCIUpe IV. L.LJCL.-1-UDU-4/ -UULJ/JI'GLJ I in this AGREEMENT shall be deemed or otherwise interpreted as waiving the CITY' s sovereign immunity protections, or as increasing the limits of liability as set forth in Section 768 .28, Florida Statutes . 9. INDEMNIFICATION Subject to Section 768 .28, Florida Statutes, as may be amended from time to time, the CITY shall : (a) promptly indemnify, defend, save and hold harmless the DEPARTMENT, its officers, agents, representatives and employees from any and all losses, expenses, fines, fees, taxes, assessments, penalties, reasonable costs, damages, judgments, claims, demands, liabilities, reasonable attorneys fees, (including regulatory and appellate fees) , and suits of any nature or kind whatsoever caused by, arising out of, or related to the CITY' s negligent exercise or of its responsibilities as set out in this AGREEMENT, including but not limited to, any negligent act, negligent action, negligence or omission by the CITY, its officers, agents, employees or representatives in the performance of this AGREEMENT, whether direct or indirect, except that neither the CITY nor any of its officers, agents, employees or representatives will be liable under this provision for damages arising out of injury or damages caused or resulting from the negligence of the DEPARTMENT; and (b) pay all reasonable costs and fees related to this obligation and its enforcement by the DEPARTMENT. The CITY' s obligation to indemnify, defend and pay for the defense of the DEPARTMENT, or at the DEPARTMENT' s option, to participate and associate with the DEPARTMENT in the defense and trial of any claim and any related settlement negotiations, shall be triggered immediately upon the CITY' s receipt of the DEPARTMENT' s notice of claim for indemnification. The notice of claim for indemnification shall be deemed received if the DEPARTMENT sends the notice in accordance with the formal notice mailing requirements set forth in Section 5 of this AGREEMENT. The DEPARTMENT' s failure to notify the CITY of a claim shall not release the CITY of the above duty to defend and indemnify the DEPARTMENT. Maintenance Memorandum of Agreement beoveen Florida Department of Transportation and City of Miami Beach(SR-907) Page 9 of 13 uoeii igri Ctiveiope tu.L1.4/t..l.tl.-rubu-4/H4-[S1.3/-y0u/3rCu I The CITY' s evaluation of liability or its inability to evaluate liability shall not excuse the CITY' s duty to defend and indemnify the DEPARTMENT under the provisions of this section. Only an adjudication or judgment, after the highest appeal is exhausted, specifically finding the DEPARTMENT was negligent shall excuse performance of this provision by the CITY. The indemnification provisions of this section shall survive termination or expiration of this AGREEMENT, but only with respect to those claims that arose from acts or circumstances which occurred prior to termination or expiration of this AGREEMENT. Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach(SR-907) Page 10 of 13 VUI:UJny1 I CI IV CIUt1C IU.G1.J4/I,rVGV-rUDU-4/MY-DI,J/-iUU/Jrcu 10%.4 IN WITNESS WHEREOF, the PARTIES hereto have caused these presents to be executed the day and year first above written. CITY OF MIAMI BEACH: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION: BY: BY: Manager or Mayor District Director of Transportation Operations DocuSigned by: t. � 2r22024 1 10:57 AM EST ATTEST: ErtlftAtt FABBBAOBFB5E4CF... (SEAL) ATTEST: City Clerk Executive Secretary LEGAL REVIEW: BY BY: For City Attorney 03/12/2023 District Chief Counsel Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach(SR-907) Page 11 of 13 uocuign I riveuope IU:LL4/1.1..cu-rUDU-4/H4-C3.3/- OU/3t'CU IOl..4 EXHIBIT 'A' PROJECT LIMITS Below are the limits of the pattern pavement crosswalks, landscaping and pedestrian features to be maintained under this AGREEMENT. State Road Number: 907 (Alton Road) Agreement Limits: At Lincoln Road County: Miami-Dade Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach(SR-907) Page 12 of 13 VUI,,uol ll I I IVCIUpe -OUV I Jr CV I0V4 EXHIBIT 'B' CITY OF MIAMI BEACH RESOLUTION To be herein incorporated once adopted by the CITY Board of Commissioners . Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach(SR-907) Paee 13 of 13 LAJUuoIyi CI IVCIIJ t IL).LI,Y/L,L ,-r UDV-VIHY-DL,JI LJ/JrI LJ IOI,N RESOLUTION NO. 2022-32291 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE A MAINTENANCE MEMORANDUM OF AGREEMENT (MMOA), BETWEEN THE CITY AND THE FLORIDA DEPARTMENT OF TRANSPORTATION(FDOT),ASSIGNING TO THE CITY THE FULL MAINTENANCE RESPONSIBILITIES FOR CERTAIN LANDSCAPING AND ARCHITECTURAL FEATURES AND IMPROVEMENTS ALONG A PORTION OF STATE ROAD(SR)907(ALTON ROAD)AT LINCOLN ROAD, IN CONNECTION WITH THE REDEVELOPMENT OF THE PROPERTY LOCATED AT 1628-1634 ALTON ROAD. WHEREAS, OSIB MIAMI BEACH PROPERTIES, LLC, (the "Owner") owns the property located at 1628-1634 Alton Road, as identified by Miami-Dade County Folio Nos. 02-3234-018- 0170 and 02-3234-018-0180 (the "Property"); and WHEREAS,the Owner has obtained certain approvals from the City in connection with the redevelopment of the Property; and WHEREAS, SR 907, also known as"Alton Road," is a roadway maintained by the state of Florida, pursuant to the Florida Statutes and through the authority of the FDOT; and WHEREAS, the City, under permit 2020-L-691-00010, requested that the Owner install certain landscaping and architectural features and improvements (the "Improvements") on the Property and along a portion of Alton Road at Lincoln Road in accordance with the Hardscape Plan, Planting Plan, Plant List and Specifications, Irrigation Plan, Irrigation Specifications, and Lighting Plan (collectively, the "Site Plans"); and WHEREAS, in addition to adherence to the installation of the Improvements in accordance with the approved Site Plans,the City will require the Owner to execute a Declaration of Restrictive Covenants(the"Declaration")concerning the Improvements which Restrictive Covenants include provisions delineating Owner's responsibility to adequately maintain the Improvements as required by the development approvals and as required by the FDOT, at no cost to the City; and WHEREAS, the Owner has applied to the City for permission to install the Improvements within the ROW,which extend into the FDOT's jurisdiction along a portion of Alton Road at Lincoln Road; and WHEREAS,as a condition to approving the issuance of the required permits for the project, the FDOT is requiring that the City execute a Maintenance Memorandum of Agreement(MMOA), pursuant to which the City assumes responsibility for the maintenance of such portions of the Improvements as are located on Alton Road (the MMOA is attached to the Memorandum accompanying this Resolution); and WHEREAS, pursuant to the Declaration, the City will transfer to Owner all maintenance obligations imposed upon the City under the MMOA; and uocu ign tnveiope lu:Lug/l.t.tu-rubu-4/H4-Cl.J,-yOu/Jrtu Ibl..4 WHEREAS, the Improvements will enhance the aesthetic appeal of the intersection of Alton Road and Lincoln Road. 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 and City Clerk to execute a Maintenance Memorandum of Agreement (MMOA), between the City and the Florida Department of Transportation (FDOT), assigning to the City the full maintenance responsibilities for the landscaping and architectural feature and improvements within a portion of State Road (SR) 907 (Alton Road) at Lincoln Road, in connection with the redevelopment of the property located at 1628 -1634 Alton Road, provided that the City transfers all responsibilities to the owner of such property pursuant to a Declaration of Restrictive Covenants. PASSED and ADOPTED THIS iy day of CPp '4°0022 SEP 2 1, A ATTES 7 IVOR? HATED! 11 ITY C ERK c ."~`�' MAYOR SEP 2 1 2022 APPROVED AS TO FORM& LANGUAGE &FOR EXECUTION lid 4/e 2oz2 % - City Attorney Dote