HomeMy WebLinkAboutMaintenance Memorandum of Agreement between the CMB and State of Florida Department of Transportation202A,-34Q1
FLORIDA DEPARTMENT OF TRANSPORTATION
PUMP STATIONS, BICYCLE PATH, SHARED —USE PATH
GREEN PAVEMENT, LANDSCAPING, IRRIGATION AND TURF
MAINTENANCE MEMORANDUM OF AGREEMENT
WITH THE
CITY OF MIAMI BEACH
This AGREEMENT, entered into on 20_, 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) from Michigan Avenue to Ed Sullivan Drive (43:d
Street), which is located within the limits of the CITY; and
B. The PARTIES to this AGREEMENT mutually recognize that it is
in the best interest of the Public to improve SR-907 (Alton
Road) from Michigan Avenue to Ed Sullivan Drive (43°6 Street),
the limits of which are described in the attached Exhibit
"A" (the "PROJECT LIMITS"), which by reference shall become
a part of this AGREEMENT; and
C. The DEPARTMENT, pursuant to PROJECT FM# 429193-1, 429193-3,
429193-4 and 429193-5, will design and construct permanent
roadway, drainage and landscape improvements, collectively
referred to as the "PROJECT," along the PROJECT LIMITS,
within DEPARTMENT and CITY right-of-way; and
D. It is the intent of the PARTIES for this AGREEMENT to
supplement all existing Maintenance Memorandum of Agreement
(MMOA) and existing Permits previously executed between the
DEPARTMENT and the CITY;
E. The PARTIES to this AGREEMENT mutually recognize the need
for entering into an agreement designating and setting forth
the responsibilities of each party with regards to the
maintenance of the PROJECT; and
F. The CITY, by Resolution No. 2026-34131, dated February 25,
2026,
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attached hereto as Exhibit "e", which by referenco shall
become a part of this AGREEMENT, desires to enter into this
AGREEMENT, and authorizes its officers to do so.
NOW, THEREFORE, in cunsideratiun of We mutual benefits
contained herein and other good and valuable consideration, the
PARTIES covenant and agree as follows:
1. RECITALS
__ —_T'he recitals in this --AGREE446NT-& ^ -^.�'� arrecr and a"
incorporated herein by reference and Ymade a part hereof.
2. TERM OF AGREEMENT
The effective date of this AGREEMENT is the date on which
the last party executes this AGREEMENT, and this AGREEMENT
shall continue so long as the PROJECT improvements remain in
place.
3. ASSIGNMENT OF MAINTENANCE RESPONSIBILITIES
The PARTIES agree that the execution of this AGREEMENT shall
constitute an assignment of all maintenance responsibilities
pertaining to the two pump stations, bicycle path, shared -
use path, green pavement, existing and propose landscaping,
irrigation, and turf (the "IMPROVEMENTS") within the PROJECT
LIMITS to the CITY upon the DEPARTMENT's acceptance of the
PROJECT.
4. MAINTENANCE RESPONSIBILITIES OF THE PARTIES
The CITY shall maintain all the PROJECT improvements
specified below (Sections 4.1 through Section 4.6) within
the DEPARTMENT and CITY right-of-way. The maintenance shall
be. performed in accordance with all applicable standards set
forth in the PROJECT plans, PROJECT specifications, special
provisions, permit requirements and maintenance manuals
provided as part of the PROJECT.
4.1 General Requirements:
The CITY'S general maintenance obligations shall include,
but shall not be limited to the following:
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a. Removing and disposing of litter in accordance with all
applicable government rules, regulations, policies,
procedures, guidelines, and manuals, as amended from time
to time.
b. 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.
c. Submitting lane closure requests to the DEPARTMENT when
maintenance activities 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, and in accordance with the
District Six Lane Closure Policy, as may be amended from
time to time.
4.2 Two Pump Stations:
a. The CITY agrees to operate and routinely maintain the PUMP
STRUCTURE SYSTEMS (as defined below), including payment
of all associated utility bills. The DEPARTMENT shall
provide the CITY with copies of all the manufacture's
maintenance and operations manuals and guides.
b. The PUMP STATION STRUCTURE SYSTEMS includes the pump
station wet wells, the trash rake structures, the valve
structures, the pollution control structures and inside
components, the force main discharge pipes from the pump
stations to the outfall structure, gate and check valves,
bulkhead walls, manatee grates, rip rap, pump station
control panels, control panel concrete pads, generators,
generator concrete pads, pumps, motors, impellers,
variable frequency drives (VFDs), and pump station hatches
(the "PUMP STATION STRUCTURE SYSTEMS").
c. The CITY'S maintenance responsibilities for the PUMP
STRUCTURE SYSTEMS along the PROJECT LIMITS, within
DEPARTMENT and CITY right-of-way shall include, but shall
not be limited to, the following:
i. Periodically inspecting and maintaining the PUMP
STRUCTURE SYSTEM and all its associated features
(electrical, mechanical, etc.) in accordance with the
manufacturer's minimum care and maintenance
requirements, and in accordance with the PROJECT
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plmm mu3 yp,ificetions, but never less than once
per contractual year.
ii. Adhering to the safety precautions prescribed by the
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specifications.
iii. Complying with all applicablc govcrnmcnt rules,
regulations, policies, procedures, guidelines, and
manuals, as the same may be amended from time to lime.
iv. The CITY will keep electronic records of all
inspections and maintenance services performed. Upon
request by the DEPARTMENT, the CITY shall provide the
service records for review.
Paying all costs associated with repairs, that may
include replacement of parts, of the PUMP STRUCTURE
SYSTEM, that are not included as part of the repair
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as defined in the below subsection (d)
d. The DEPARTMENT will be solely responsible for any MAJOR
REPAIRS along the PROJECT LIMITS, within DEPARTMENT and
CITY right-of-way. The CITY must notify the DEPARTMENT as
soon as the need for a MAJOR REPAIR is discovered. MAJOR
REPAIRS shall only include a complete replacement of any
major components of the PUMP STRUCTURE SYSTEMS. Major
components include pump station well, pollution control
structures, bulkhead walls, pump station control panel,
hatches, generator, energy dissipater, sluice gates, pumps
and variable frequency drives (VFDs). When a MAJOR REPAIR
is required, the DEPARTMENT at its own expense, shall
complete all necessary MAJOR REPAIRS within sixty (60)
days from the date the deficiency is identified. The
DEPARTMENT, however, shall not be responsible for the
following MAJOR REPAIRS, fox which the CITY shall be solely
responsible at the CITY'S own expense:
i. Any MAJOR REPAIRS that are needed as a result of the
CITY'S failure to perform its maintenance
responsibilities pursuant to this AGREEMENT, or
ii. Any MAJOR REPAIRS that are the result of a negligent
act of the CITY in performing its maintenance
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responsibilities pursuant to this AGREEMENT.
4.3 Drainage Network System and Features:
a. All proposed and existing drainage features built within
the CITY's right-of-way shall be maintained by the CITY.
b. For the purpose of defining maintenance limits, the
DEPARTMENT'S maintenance will end at the crosswalk at each
of the CITY'S side streets.
c. The CITY'S maintenance responsibilities, including all
NPDES MS4 permitting requirements, pertaining to drainage
network system and features shall include, but shall not
be limited to the following:
i.
Maintaining the drainage system operating as
originally designed. Cleaning and desilting the
drainage system, including but not limited to pipes,
inlets, manholes, structures, trench drains, yard
drains, as debris and other materials can accumulate
throughout the life of the system. Fixing all damaged
drainage systems.
ii.
Performing routine and regular inspection of the
drainage features to assure that the systems are fully
functional. Identifying damaged, malfunctions,
repairs and replace broken components.
iii.
Periodically inspecting and maintaining the rip rap
in accordance with the PROJECT Plans and
Specifications, but never less than once every two
years. Visual inspections may include above and
underwater elements. These deficiencies vary from
spalls, delamination, corrosion, scour, and others.
iv.
Inspect and maintain all outfalls.
v.
For all drainage features connected to the
DEPARTMENT'S systems, all inspections and maintenance
shall follow all Local, State and Federal guidelines
/ laws, including meeting the terms of all State
permit requirements.
vi.
When remedial action is needed in accordance with the
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above requirements, the CITY at its own expense, shall
complete all necessary repairs within sixty (60) days
of the date the deficiency is identified.
vii. Complying with all applicable government rules,
regulations, policies, procedures, guidelines, and
manuals, as the same may be amended from time to time.
4.4 Bicycle Path and Shared -Use Path:
a. Bicycle path and shared -use path, collectively referred
to as the "Paths", included in this AGREEMENT, include
all sidewalks, pedestrian surfaces, bicycle facilities,
greater than 5 feet in .width.
b. Paths maintained by the CITY are found in and outside the
DEPARTMENT right-of-way.
c. Performing routine and regular inspections of all the
Paths. identify damages on the surfaces and properly
address dll drip -miffs to eusure ADA requiresienLs ere uie L.
Repair and/or replace damaged Paths to ensure surfaces
are maintained in accordance with all applicable
DEPARTMENT guidelines, standards, and all applicable
American with Disabilities Act (ADA) requirements, as
amended from time to time.
d. Maintain detectable warning surfaces, pedestrian mats or
domes, manhole covers, pull -boxes and vaults. The CITY
is also responsible for the maintenance and replacements
of the ADA detectible surfaces along the Paths.
e. The CITY shall conduct condition surveys per CITY'a
procedures of the Paths for gaps, settlement, drop-offs
and other deficiencies described in this AGREEMENT for
the life of the Paths. Paths that are exclusively inside
the CITY sight -of -way, not shared with the DEPARTMENT
paths, shall meet CITY criteria.
f. Gaps within the Paths shall not exceed a quarter (1/4) of
an inch. Gaps at the interface (perimeter) between the
Paths and the adjacent areas shall not exceed a quarter
(1/4) of an inch. This requirement also applies to areas
adjacent to the Paths that have been impacted by the trees
planted within the Paths.
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g. Differential settlement within the Paths shall not exceed
a quarter (1/4) of an inch in depth. Differential
settlement at the interface (perimeter) between the Paths
and the adjacent areas shall not exceed a quarter (1/4)
of an inch in depth. This requirement also applies to
areas adjacent to the Paths that have been impacted by
the trees planted within the Paths.
h. When remedial action is required in accordance with the
above requirements, the CITY at its own expense shall
complete all necessary repairs within sixty (60) days from
the date the deficiency is identified.
i. Paint, repair and/or replace damaged Paths in kind
(texture, geometry, color, strength, etc.) and in
accordance with all applicable DEPARTMENT guidelines,
standards, and all applicable ADA requirements, as
amended from time to time.
4.5 Green Pavement Marking Symbols:
a) Sweep the pavement marking surfaces periodically to keep
them free of debris and to maintain an aesthetically
pleasing condition. A light pressure washing may be
necessary for heavy stain removal or cleaning.
b) Remove and properly dispose of litter from the pavement
marking surfaces.
c) For any routine repairs or replacement due to noticeable
color scarring or surface deterioration of the pavement
markings, the product authorized installer should be
contacted.
d) When remedial action is required in accordance with the
above requirements, the CITY shall complete all necessary
repairs at its own expense within sixty (60) days of the
date the deficiency is identified.
4.6 Landscaping, Irrigation and Turf:
For the purpose of this AGREEMENT, the CITY' S maintenance
obligations related to landscape maintenance only applies to
the medians, and the CITY'S maintenance obligations related
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to irrigation and tort management only applies to the median
and east side of the roadway.
a. Mowing, cutting and/or trimming and edging the grass and
turf of all areas with the PROJECT limits.
b. Pruning all plant materials, which include trees, shrubs
and ground covers, and parLs hereof, including all
material from private property encroaching into the
DEPARTMENT'S Right-of-way.
c. All pruning and trimming will follow the Maintenance
Rating Program Handbook which specifically requires no
encroachment of trees, tree limbs or vegetation in or over
travel way (or clear zone) lower than 14.5 feet, or lower
than 10 feet over sidewalks.
d. Removing and properly disposing of dead, diseased or
otherwise deteriorated plants in their entirety, and
replacing t4iose that fall belaw the standards sat forth
in the Project Plans and in the Project Specifications,
incorporated herein by reference, and all applicable
DEPARTMENT guidelines, standards and procedures, as may
be amended from time to time. All replacement materials
shall be in accordance with the Project Plans and the
Project Specifications and Special Provisions.
e. Mulching all plant beds and tree rings.
f. Removing and disposing of all undesirable vegetation
including but not limited to weeding of plant beds and
removal of invasive exotic plant materials.
g. watering and fertilizing all plants as needed to maintain
the plant materials in a healthy and vigorous growing
condition.
h. Paying for all water use and all costs associated
therewith. Repairing all irrigation systems.
i. Removing and disposing of litter from roadside and median
strips in accordance with all applicable government
rules, regulations, policies, procedures, guidelines, and
manuals, as amended from time to time.
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j. Removing and disposing of all trimmings, roots, branches,
litter, and any other debris resulting from the activities
described by 3.A through 3.I.
S. DEFAULT
If either party fails to observe or perform any covenant,
condition, or agreement contained herein, the non -defaulting
party shall provide the defaulting party with a sixty (60)
calendar day written notice to cure. If the defaulting party
fails to cure within the sixty (60) calendar day notice
period (or such longer time period agreed by the PARTIES in
writing), then the defaulting party shall be in default of
this AGREEMENT and the non -defaulting party may, at its sole
and exclusive discretion, elect to cure any default and
invoice the defaulting party for the actual expenses
incurred.
6. 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 Ill 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: Public Works Director
With a copy to: City of Miami Beach
1700 Convention Drive
Miami Beach, Florida 33139
Attention: City Manager
Notices shall be deemed to have been received upon actual
receipt.
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7. REMOVAL, RELOCATION, OR ADJUSTMENT OF THE IMPROVEMENTS
The PARTIES agree that the improvements located within the
DEPARTMENT'S right-of-way may be removed, relocated, or
adjusted at any time in the future, at the DEPARTMENT'S
sole discretion. In the event that the DEPARTMENT
relocates or adjusts any improvements wi Ll,in the
DEPARTMENT'S sight -of -way, which the CITY has specifically
agreed to maintain herein, the CITY's maintenance
responsibilities for those improvements will survive Lhe
relocation or adjustment, as long as the materials remain
within the PROJECT LIMITS..
b. In the event that the DEPARTMENT is required to replace
improvements within its right-of-way at any time as part
of maintenance activities, a roadway project, or related
construction activities, the DEPARTMENT shall replace in
kind, and the CITY'S maintenance obligations under this
AGREEMENT shall survive said replacements as long as the
intproventenla remain within the PROJECT LIMITS. However,
the CITY may, with the written approval of the DEPARTMENT,
make upgrades within the PROJECT LIMITS at its sole cost
and expense with the understanding that the CITY shall
assume all maintenance obligations for the upgrades, and,
if the Parties deem necessary, enter into a new maintenance
agreement for said upgrades.
c. The PARTIES agree that the improvements located within the
CITY'S right-of-way may be removed, relocated, or adjusted
at any time, in the future, upon coordination between the
CITY and the DEPARTMENT. In the event that the CITY
relocates or adjusts any improvements within the CITY'S
right-of-way, which the DEPARTMENT has specifically agreed
to maintain herein, the DEPARTMENT'S maintenance
responsibilities for those improvements will survive the
relocation or adjustment, as long as the materials remain
within the PROJECT LIMITS.
S. TERMINATION
This AGREEMENT may be terminated only if mutually agreed to
by both PARTIES and such termination shall be valid only if
made in writing and executed with the same formalities as
this AGREEMENT.
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9. MISCELLANEOUS TERMS
a. E-Verify
The CITY shall
i. Utilize the U.S. Department of Homeland Security's
E-Verify system to verify the employment eligibility
of all new employees hired by the Vendor/Contractor
during the term of the contract; and
ii. Expressly require any subcontractors performing work
or providing services pursuant to the state contract
to likewise utilize the U.S. Department of Homeland
Security's E-Verify system to verify the employment
eligibility of all new employees hired by the
subcontractor during the contract term. (Executive
Order Number 2011-02)
The CITY shall insert the above clause into any contract
entered into by the CITY wi Lh vendors or contractors hired
by the CITY for purposes of performing its duties under
this AGREEMENT.
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 Miami -Dade County,
Florida.
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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.
g. The section headings contained in this AGREEMENT are for
reference purposes only and shall not affect the meaning
or interpretation hereof.
h. 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.
i. The DEPARTMENT and the CITY are state agencies, 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 PARTIES' sovereign
immunity protections, or as increasinq the limits of
liability as set forth in Section 768.28, Florida
Statutes.
10.INSDRANCZ
a. The PARTIES hereto acknowledge that the PARTIES are
governmental entities subject to the provisions of Section
768.28, Florida Statutes. Each party shall maintain a
fiscally sound and prudent risk management program with
regard to its obligations under this AgrR nt and in
accordance with the provisions of Section 768.28, Florida
Statutes. Each party shall collect and keep on file
documentation of insurance of any and all contractors
procured by it which may participate in any way in the
PROJECT.
b. With regard to work to be done inside the DEPARTMENT'S
property, the CITY shall cause its contractors to add the
DEPARTMENT and the CITY as additional insureds and
Certificate Holders in their general insurance policies
during the term of this AGREEMENT. Such insurance shall
include Products/Completed Operations coverage. Prior to
commencement of any work by the CITY'S contractors, the
CITY shall provide the DEPARTMENT with its contractors'
ACORD Certificates of Liability Insurance and Additional
Insured Endorsements naming the DEPARTMENT and the CITY
as additional insureds. The DEPARTMENT shall be notified
in writing within ten (10) days of any cancellation, notice
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of cancellation, lapse, renewal, or proposed change to any
policy or coverage described herein.
c. With regard to work to be done inside of the CITY'S
property, the DEPARTMENT shall cause its contractors to
add the CITY and the DEPARTMENT as additional insureds and
Certificate Holders in their general insurance policies
during the term of this AGREEMENT. Such insurance shall
include Products/Completed Operations coverage. Prior to
commencement of any work by the DEPARTMENT'S contractors,
the DEPARTMENT shall provide the CITY with its
contractors' ACORD Certificates of Liability Insurance and
Additional Insured Endorsements naming the CITY and the
DEPARTMENT as additional insureds. The CITY shall be
notified in writing within ten (10) days of any
cancellation, notice of cancellation, lapse, renewal, or
proposed change to any policy or coverage described herein.
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IN WITNESS WHEREOF, the PARTIES hereto have caused these
presents to be executed the day and year '_irst above written.
CITY OF MIAMI BEACH: STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION:
BY: BY:
CITY Manage District Director or
Transportation Operations
i� C011P OIATEO
ATTEST: S ),47 ATTEST:
CII�TTpYYp Clerk "+„Cj:(21{"%'' Fxecutive Secretary
AN 17 2026 LEGAL REVIEW:
RAFAEL E. GRANADO
BY: BY:
CITY Attorney District Chief Counsel
APPROVED AS tO
FORM & LANGUA1A
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EXHIBIT 'A'
PROJECT LIMITS
Below are the limits of the IMPROVEMENTS to be maintained by the
CITY under this AGREEMENT.
State Road Number: 907
Local Street Names: Alton Road
Project Limits: Michigan Avenue to Ed Sullivan Drive Street)
County: Miami -Dade
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EXHIBIT `B'
CITY OF MIAMI BEACH RESOLUTION
To be herein incorporated once ratified by the CITY Board of
Commissioners.
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RESOLUTION NO. 2026.34131
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"); SAID MMOA
TRANSFERRING TO THE CITY THE MAINTENANCE RESPONSIBILITIES IN
CONNECTION WITH THE CONSTRUCTION OF THE FOLLOWING
IMPROVEMENTS BY FDOT AS PART OF FDOT'S STATE ROAD 9071ALTON
ROAD RECONSTRUCTION PROJECT (FPID 429193-1), FROM MICHIGAN
AVENUE TO 43RD STREET (ED SULLIVAN DRIVE): (1) TWO (2)
STORMWATER PUMP STATIONS; (II) DRAINAGE SYSTEM; (III)
LANDSCAPING, IRRIGATION AND TURF ALONG THE MEDIAN AND EAST
SIDE OF ALTON ROAD; (IV) SHARED -USE PEDESTRIAN AND BICYCLE
PATH; AND (V) GREEN PAVEMENT MARKING SYMBOLS.
WHEREAS, on October 26, 2022. the Mayor and City Commission ('City Commission")
adopted Resolution No. 2022-32358, approving, in substantial form, a Memorandum of
Agreement ("MOA") between the City and the Florida Department of Transportation (FDOT),
memorializing the parties' commitment related to FDOT's undertaking to design and construct
certain City -owned utility and transportation facilities along FDOT's State Road 907/Afton Road,
from Michigan Avenue to 43rd Street (FPO #429193-1), as part of the reconstruction of the FOOT
Alton Road Project; and further authorized the City Manager and City Clerk to execute the
agreement; and
WHEREAS, the Michigan Avenue to 43rd Street Project (the "Alton Road Project i"), as
originally proposed, encompassed roadway improvements, included enhancements to the
drainage system, installation of new pump stations, pavement and sidewalk reconstruction,
upgraded signalization, landscaping, and new pavement markings; and
WHEREAS, to capitalize on the scope of the proposed project, the City originally
requested additional enhancements, such as the incorporation of pedestrian facilities,
implementation of two-way bicycle lanes, deployment of an Intelligent Transportation System
(ITS), and the design, construction, and installation of City -owned water and sewer infrastructure;
and
WHEREAS, several of the improvements requested by the City will extend into City -owned
property or City -owned rights -of -way; and
WHEREAS, FDOT typically does not include roadway improvements or enhancements
that do not comply with its standards in roadway reconstruction projects, unless specifically
requested by the municipality: and
WHEREAS, FDOT agreed to incorporate these improvements into its project scope,
requiring the municipality to assume full responsibility for the construction costs associated with
the proposed enhancements along State Road 907 (Alton Road), from Michigan Avenue to 43rd
Street, and full responsibility for the ongoing maintenance costs associated with these
improvements via a Maintenance Memorandum of Agreement (MMOA); and
WHEREAS, on October 18. 2023, the City Commission adopted Resolution No. 2023-
32813, approving, in substantial form, a Utility Work by Highway Contractor Agreement
(UWHCA), a Locally Funded Agreement (LFA), an Off -System Construction and Maintenance
Agreement, and a Three -Party Escrow Agreement, in order to proceed with the FOOT Alton Road
Project 1; and
WHEREAS, in late 2025, FOOT notified the City of substantial revisions to the previously
approved UWHCA and LFA agreements, including increases in the cost of the improvements,
which modifications were approved by the City Commission during the February
5, 2026 City Commission meeting pursuant to Resolution No. 2026-34075; and
WHEREAS, after further discussion, the Administration, in coordination with FOOT,
decided not to proceed with the installation of the City's ITS fiber opfic cable component as part
of the FOOT project, in that, the City is currently using other methods of communication: and
further, the Administration decided to proceed with "Gray' sidewalks instead of "Miami Beach
Red" along the project limits, as a more cost-effective and sustainable option; and
WHEREAS, a Maintenance Memorandum of Agreement ("MMOi is required to transfer
maintenance responsibilities to the City for the following City -requested enhancements along
Alton Road, spanning Michigan Avenue to Chase Avenue following completion of construction:
Within FOOT Right oA-Way (ROW):
• Two (2) stormwater pump stations;
• Irrigation, landscaping, and turf along the median and the east side of the roadway,
• Cleaning and removal of Idler within the City's proposed improvements; and
• Green pavement markings along project limits, as shown on the pavement marking
plans; and
Within City ROW I City -Owned Property:
• Bicycle path and shared -use path (the'Pa[hs"),
• Cleaning and removal of litter; and
• Green pavement markings along the path; and
WHEREAS, the water and sewer infrastructure improvements, as well as the Operation
and Maintenance (O&M) costs associated with the City's future Sewer Pump Station 25 (SPS
25), located within the City's right-of-way, will remain the City's responsibility; and
WHEREAS, FOOT will remain responsible for the replacement of major components of
the stormwater pump station system, and
WHEREAS, the Administration recommends that the City Commission approve and
authorize the City Manager and City Clerk to execute the proposed MMOA agreement with FOOT,
a copy of which is attached to the City Commission Memorandum accompanying this Resolution.
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 Clark to execute a Maintenance
Memorandum of Agreement ("MMOA") between the City and the Florida Department of
Transportation ("FOOT"): said MMOA transferring to the City the maintenance responsibilities in
connection with the construction by FOOT of the following improvements as part of FOOT's State
Road 907/Alton Road reconstruction project (FPID 429193-1), from Michigan Avenue to 43rd
Street (Ed Sullivan Dnve): (i) two (2) stormwater pump stations; (it) drainage system; (iii)
landscaping, irrigation and turf along the median and east side of Alton Road, (iv) shared -use
pedestrian and bicycle path; and (v) green pavement marking symbols.
PASSED and ADOPTED this %f day of 1lbewry 2026,
ATTEST:
MAR 0 3 2026 G teven Meiner, Meyor
Rafael E. Granado, City Clerk
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
'I —r_—
T«nev OL.,� e
m MIAMI BEACH
CBy of Miami Beach, 1700 Convention Center Dnve, Miami Beach, Florida 33139, wWw.miamibeach11.gov
PUBLIC WORKS DEPARTMENT
Tel:305-673-7080, Fax: 305-673-7028
ROUTING COVER LETTER
DATE: 03/19/26
SUBJECT: Request for signature
FROM: John Norris
DEPARTMENT: Public Works
CONTACT: Fiorella
Ext: 6007
Routing:
aDavid Martinez, Assistant City Manager
Eric T. Carpenter, City Manager
Ralph &-2ana.do
Description:
On February 5, 2026, the City Commission approved a Resolution, approving and authorizing
the City Manager and City Clerk to execute the following agreements:
• Locally funded agreement
• Utility Work by Highway Contractor and
• Maintenance Memorandum Agreement
ACTION: Resolution 2026-34075 was adopted. John Norris to handle. Memo attached.
Emgi l a+4gched W 1 FDOT response_
We are committed to providing excellent public service and safely to oB who live, work, and play in our vibrant tropical,
historic community,
Resolutions - C7 O
MIAMI BEACH
COMMISSION MEMORANDUM
TO Honorable Mayor and Members of the City Commission
FROM Eric Carpenter, City Manager
DATE February 5, 2026
TITLE. 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 THE FOLLOWING AGREEMENTS
AS PART OF THE FOOT'S STATE ROAD 9071ALTON ROAD RECONSTRUCTION
PROJECT (FPID 429193-1-52�01), FROM MICHIGAN AVENUE TO 43RD STREET
(ED SULLIVAN DRIVE) (1) A LOCALLY FUNDED AGREEMENT ("LFA") FOR THE
CONSTRUCTION OF A PEDESTRIAN AND BICYCLE SHARED -USE PATH
ALONG THE EAST SIDE OF ALTON ROAD, FROM MICHIGAN AVENUE TO
CHASE AVENUE, ABUTTING THE MIAMI BEACH GOLF COURSE, INCLUDING
MODIFICATIONS TO THE GOLF COURSE IRRIGATION SYSTEM AND
ADJACENT PARKING LOT CONFIGURATION, FOR A TOTAL ESTIMATED
CONSTRUCTION COST OF $1,400.DDO.00: AND (2) A UTILITY WORK BY
HIGHWAY CONTRACTOR AGREEMENT (-UWHCA-) FOR THE REPLACEMENT
AND UPGRADES OF THE CITY -OWNED WATER AND SEWER SYSTEMS ALONG
ALTON ROAD, FROM MICHIGAN AVENUE TO CHASE AVENUE. WITH AN
INITIAL ESTIMATED CONSTRUCTION COST OF $19.817.69500 AND
FURTHER, AUTHORIZING THE CITY TO DEPOSIT THE TOTAL AMOUNT DUE
UNDER SAID AGREEMENTS ($21,217,695.00), ON OR BEFORE MARCH 2, 2026,
IN ACCORDANCE WITH THE PREVIOUSLY APPROVED THREE PARTY
ESCROW AGREEMENT.
RECOMMENDATION
The Admirmtrabon recommends approving the Resolution
BACKGROUND/HISTORY
On October 26, 2022, the Mayor and City Commission (City Commission) approved, in substantial
form, a Memorandum of Agreement (Il between the City and the Florida Department of
Transportation (FOOT), memonahzrng the partiescommitment related to FOOT undertaking to
design and construct certain Cay�ownetl utility and transportation facilities along FOOT Stale
Road 907IAfton Road, from Michigan Avenue to 43rd Street (FPIO4 429193-1). as part of the
reconstruction of the FDOT Alton Road Project, and further authorized the City Manager and City
Clerk to execute the agreement via Resolution No 2022-32358.
The Michigan Avenue to 43rd Street Project (the 'Alton Road Project V), as originally proposed
encompassed roadway improvements and maintenance, included enhancements to the drainage
system, installation of new pump stationspavement and sidewalk reconstruction, upgraded
slgnalizahon, landscaping. and new pavement markings
To capitalize on the scope of the proposed project, the City requested additional enhancements
such as the incorporation of pedestrian facilities, implementation of two-way bicycle lanes
590 of 2180
deployment of an Intelligent Transportation System (ITS). and the design, construct,",. and
installation of City owned water and sewer infrastructure. The Florida Department of
Transportation (FDOT) agreed to these requests contingent upon City funding
On October 1S 20,23 the City Commission approvedin substantial form. a Utility Work bq
Highway Gonuactor Agreement iuvvHCA,. a Locally Funded Agreement iLFA) an 00 System
Construction and Maintenance Agreement and a Three -Party Escrow Agreement as pad of the
FOOT Alton Road Project 1 via Resolution No 2023-32813
In late 2025, FOOT notified the City of substantial revisions to the previously approved UWHCA
and LFA agreementsrequiring that these items be resubmitted to the City Commission for
approval
ANALYSIS
FDOT typically does not include roadway Improvements or enhancements that do hot comply nth
its standards m roadway reconstruction projectsunless specifically requested by the municipality
Several of the Improvements requested by the City will extend Into Chy-owned property or City
owned rights -of -way FDOT has agreed to incorporate these Improvements into its project scope
requiring the municipality to assume full responsibility for the construction costs associated with
the proposed enhancements along State Road 907 (Allen Road); from Michigan Avenue 10 43rd
Street To proceed with the amended scope. the City must sign and execute the following two-21
agreements
(1) Locally Funded Agreement (LFA):
This agreement was approved by the City Commission on October 18. 2023, for a total
construction amount of $2.115.808.64. via Resolution No 1023-32813 The scope of this LFA
remains unchanged and includes.
• Construction of a pedestrian and bicycle shared use path along the east side of Alton
Road from Michigan Avenue to Chase Avenue. adjacent to the Mmmi Beach Golf Ccu(se
• Modifications to the golf course irngaton system and adjacent parking lot configuration,
as well as Installation of Saint Augustine sort and Its respective irrigation system along the
median
The City, and FOOT have finalized the LFA agreement!Attachment A with the following revisions
• An increase in the total estimated project cost from $2, 115$0864 to $280000000.
reflecting the updated Engineers Opinion of Probable Cost lEOPCj, driven oy rising
construction expenses between 2023 and 202E
• Additional funding through FDOT va the County incentive Grant Program ICIGP;
covering 506� of the total proles cost t$1 400.000).
• Payment by the City of the remaining 5001, I81,400.000 i to FDOT in a single, deposit on or
before the FDOT production date of March 2 2026
591 or 2180
(2) Utility Work by Highway Contractor Agreement (UWHCA).
This agreement was approved by the City Commission on October 18. 2023 for an estimated
construction amount of $9.267 312 70 based on the EOPC at me time. via Resolutton No 2023-
32813 The City and FOOT have fmahzed the UWHCA (Attachment B 1 with the following revisions
A revised project cost to incorporate recent FOOT h,5toncai bid pricing contamination
assessment and remedla0on due to the site s proximity to the golf course and
geotecnmcal recommendations for trench restoration
Modification of the FOOT project lelhng date to August 26 2026
A total estimated EOPC cost of $ 19 817 695 00
Payment by the City to FOOT in the total amount of $19 817 695 00 in a single deposit on
or before the FOOT production date of March 2 2026
The U'NHCA agreement formalizes the CNf s obligation to cover construction costs associated
with replacing existing City -owned water and sewer infrastructure including installation of a new
sanitary sewer pump station (future City Pump Station 25). as part of the Alton Road Project 1
In the event additional funds are required for the City s proposed improvements. FOOT mandates
that the City provide an additional deposit subject to City Commission approval in the amount
stipulated for FOOT to proceed with construction
City staff has thoroughly reviewed the proposed revisions and determined that they are fair,
reasonable and in the best Interest of the City
FISCAL IMPACT STATEMENT
Total Project Cost $21,217,69500 41,400000.00 �$19.817.69500)
Utilities ($19,817,695.00)
303.0815-06935729-410-561-00-00.00-507261Ghmt) $900.00000
419-0815-069357-29-418-000-00-00-00-20521 $3 717 72064
418-0815-069357 29-418 52200-00-00-20527 $5.481,28461
424-0815-069357-29-418-000-00-00-00-20527 $21,60987
423-0815-069357-29-418-000-00-00-00-20527 $5.226 85
422-0815-069357-00.418-522-00-00-00-20527 $456.462.11
420-0615-06935729-418-522-00-00-00-20527 $104045
417-0815-069357-29-418-000-00-00-00-20527 $7 915.593 38
Subject to approval of capital budget amendment $1, 318 756.62
Shared Use Path f$310.000.00f
302 0815-069357-29-41 D-522.00-00-00 20527 $293 242 00
376 0815-069357-29-410-522-00-00-00-20527 $464 83
384-0815-069357-29-410-522 00-00-00-20527 $16 889 17
Transportation ($1 400 000.00)
'06-9615 069357-30.410-530 00-00-00.21014 S198940800
,w.I iso
Does this Ordinance require a Business inn ipact Estimate?
i FnR ORDINANCES ONL', I
If applicable, the Business Impact Estimate (BIE) was published on
See BIE at blips 11ae., imam neat hll-Aov„
CONCLUSION
`he Administration recommends approo ng the Resolution
Applicable Area
M14ddle Beach
Is th s a "Residents Right to Know" hem. Is this item related to a G.O. Bond
pursuant to City Code Section 2-17? Project?
!es No
Was this Agenda Item initially requested by a lobbyist which as defined in Code Sec. 2481
includes a principal engaged in lobbying? No
if so specify the name of lcbbyst(s' and p11nripall5)
Department
Pubnc Viorks
Sponsor(sl
Co-sponsor(s)
Condensed Title
Ever',, ile Agmts FnnT v SR 907-Alton Ro Reconstruction Project from. Michigan Ave to 43 St
PW
Previous Action (For City Clerk Use Onlvl
593 of 2lan