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2014-28490 Reso RESOLUTION NO. 2014-28490 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) FOR THE MAINTENANCE OF HARDSCAPE IMPROVEMENTS AT THE WEST SIDE OF THE INTERSECTION OF COLLINS AVENUE AND LINCOLN ROAD RELATED TO RIGHT OF WAY INFRASTRUCTURE IMPROVEMENT PROGRAM CITY CENTER NEIGHBORHOOD#9C (LINCOLN ROAD) PROJECT. WHEREAS, on November 17, 2010, the City Commission approved the award of the construction contract to M. Vila &Associates, Inc., pursuant to Invitation to Bid No. 25-09/10, for Right of Way Infrastructure Improvement Program City Center Neighborhood #9C (Lincoln Road); and WHEREAS, the Project is 90% complete; except the re-paving of the Collins Avenue and Lincoln Road intersection; and this work requires obtaining a permit from Florida Department of Transportation (FDOT); and WHEREAS, this Project also consisted of construction of a brick paver crosswalk at the west leg of Lincoln Road and Collins Avenue, and the cross walk has been constructed, and WHEREAS, FDOT requires execution of a Maintenance Memorandum of Agreement (MMOA) for the maintenance of the constructed brick paver crosswalk by the City. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby authorize the Mayor and City Clerk to execute a Maintenance Memorandum of Agreement with the Florida Department of Transportation (FDOT) for the maintenance of hardscape improvements at the west side of the intersection of Collins Avenue and Lincoln Road related to Right of Way Infrastructure Improvement Program City Center Neighborhood #9c Project. PASSED AND ADOPTED THIS /.2-/A— DAY OF F-ebru 014. ATTEST: IN 0?r j;.) .�;ED-' R h Granado ; ! v i e CITY CLERK f.= , APPROVED AS TO FORM & LANGU E APPROVED AS TO & FOR EXEC ON FORM & LANGUAGE &FOR EX UTION CI ATTORNEY DATE City A orn Date i V TAAGENDA\2014\February\CENTER NEIGHBORHOOD#9C (LINCOLN ROAD\City Center Bid Paclage 9C - FDOT MMOA Reso rev.doc FLORIDA DEPARTMENT OF TRANSPORTATION DECORATIVE PAVER CROSSWALK 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 (S.R. ) A1A/Collins Avenue/Section 87060, which is located within the limits of the CITY; and B. The CITY, pursuant to Construction Agreement # 2013 C 691 13, has drafted design plans for beautification improvements on S .R. A1A/Collins Avenue/Section 87060 at Station 85+80, 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 CITY will install a decorative paver crosswalk in accordance with the design plans for Construction Agreement # 2013 C 691 13 (the "Project" ) ; and D. 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 decorative paver crosswalk installed pursuant to the Project; and E. 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 Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach Page 1 of 10 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 decorative paver crosswalk to the CITY in perpetuity upon the Department's issuance of the executed Construction Agreement to the CITY. 3 . CITY'S MAINTENANCE RESPONSIBILITIES The CITY shall maintain the decorative paver crosswalk in accordance with all a pp licable 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. The CITY's maintenance obligations shall include but not be limited to . a) Sweep the decorative paver crosswalk periodically to keep it 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 decorative pavers . c Maintain and make repairs. to the decorative avers p p to prevent safety hazards for those using or intending to use the pedestrian crossing. d) For any routine repairs or replacement due to noticeable color scarring or surface deterioration of the crosswalk pavers, the product authorized installer should be contacted. e) The CITY shall conduct annual condition surveys of the pavers for gaps, settlement, drop-offs, and other deficiencies for the life of the adjacent pavement . f) Gaps within the pavers shall not exceed a quarter (1/4) of an inch. g) Differential settlement within the pavers shall not exceed a quarter (0 . 25) of an inch in depth. Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach Page 2 of 10 h) Ensure that no edge drop-offs adjacent to the pavers exist greater than two inches (2" ) measured to the adjacent areas . Restored areas must have no greater than one inch (1" ) drop-off . i) When remedial action is required in accordance with the above requirements, the CITY at its own expense shall complete all necessary repairs within thirty (30) days of the date the deficiency is identified to or by the CITY. The CITY shall submit all services logs, inspections and surveys to the DEPARTMENT Warranty Coordinator annually as required in the above maintenance responsibilities . The DEPARTMENT may, at its sole discretion, perform periodic inspection of the decorative paver crosswalk 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. 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 decorative paver crosswalk, 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 the decorative paver crosswalk Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach Page 3 of 10 located within the PROJECT LIMITS, and charge the CITY the reasonable cost of such removal . S. 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 Center Drive Miami Beach, Florida 33139 Attention: City Manager with copy to: City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 Attention: City Public Works Director 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. 6. REMOVAL, RELOCATION OR ADJUSTMENT OF THE DECORATIVE PAVER CROSSWALK a) The Parties agree that the decorative paver crosswalk addressed by this AGREEMENT 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 the decorative paver crosswalk, the CITY's maintenance responsibilities will survive the relocation or adjustment, as .long as the decorative paver crosswalk remains 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 Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach Page 4 of 10 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. This AGREEMENT shall continue in perpetuity or until termination as set forth in Section 7 . b) E-Verify The CITY / Contractors or Vendors : i. shall 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. shall 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. The CITY shall insert the above clause into any contract entered into by the CITY with vendors or contractors hired by the CITY for purposes of performing its duties under this AGREEMENT. c) This writing embodies the entire agreement and understanding between the parties hereto and there are Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach Page 5 of 10 no other agreements and understanding, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. d) This AGREEMENT shall not be transferred or assigned, in whole or in part, without the prior written consent of the DEPARTMENT. e) This AGREEMENT shall be governed by and constructed in accordance with the laws of the State of Florida. Any provisions of this AGREEME NT found to be unlawful or unenforceable shall be severable and shall not affect the validity of the remaining portions of the AGREEMENT. f) 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. g) 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. h) The section headings contained in this AGREEMENT are for reference purposes only and shall not affect the meaning or interpretation hereof. i) 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. j ) 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. 9. INDEMNIFICATION Subject to Section 768 . 28, Florida Statutes, as may be amended from time to time, the CITY shall promptly Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach Page 6 of 10 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, costs, damages, judgments, claims, demands, liabilities, attorney' s 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 exercise or attempted exercise of its responsibilities as set out in this AGREEMENT, including but not limited to, any act, action, neglect or omission by the CITY, its officers, agents, employees or representatives in any way pertaining to 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 directly caused or resulting from the sole negligence of 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. The CITY shall pay all costs and fees related to this obligation and its enforcement by the DEPARTMENT. 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. The CITY' s evaluation of liability or its inability to evaluate liability shall not excuse the CITY' S duty to defend and indemnify he DEPARTMENT under the provisions of Y p this - section. Only an adjudication or judgment, after the highest appeal is exhausted, specifically finding the DEPARTMENT was solely negligent shall excuse performance of Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach Page 7 of 10 EXHXBXT `A ' i PROJECT LIMITS Below are the limits of the decorative pavers to be maintained under this AGREEMENT. State Road Number: S.R. AlA/Collins Avenue/Section 87060 Agreement Limits: Station 85+80 County: Miami-Dade Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach Page 9 of 10 EXH2BIT B' CITY OF MIAMI BEACH RESOLUTION To be herein incorporated once ratified by the CITY Board of Commissioners . Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach Page 10 of 10 this provision by the CITY. 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: CIT r � District Director of �� . .� Transportation Operations INCORP ,ORIJED F ATTEST: �� ,' ATTEST: CITY Clerk Executive Secretary LEGAL REVIEW: APPROVED AS TO FORM, LANGUAGE AND FOR EXECUTION f;. 1 BY: ..��' Z 1 BY Y At rney District Chief Counsel Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach Page 8 of 10 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 Execute A Maintenance Memorandum Of Agreement With The Florida Department Of Transportation (FDOT) For The Maintenance Of Hardscape Improvements At The West Side Of The Intersection Of Collins Avenue And Lincoln Road Related To Right Of Way Infrastructure Improvement Program City Center Neighborhood #9C Lincoln Road Project. Key Intended Outcome Supported: Ensure Value and Timely Delivery of Quality Capital Projects, Improve Storm Drainage Citywide, and Maintain City's Infrastructure. Supporting Data (Surveys, Environmental Scan, etc.): The 2012 Customer Satisfaction Survey indicated that over 81% of residents rated recently completed capital improvement projects as "excellent" or"good". Issue: Shall the Mayor and City Commission Adopt The Resolution? Item Summary/Recommendation: The ROW Infrastructure Improvement Program City Center Neighborhood # 9C Project is to provide for the restoration and enhancement of streetscapes and infrastructure consisting of: potable water, storm drainage, hardscape, landscaping, irrigation and lighting systems. On November 17, 2010, the City Commission approved the award of the construction contract to M. Vila & Associates, Inc., (M. Vila), pursuant to Invitation to Bid No. 25-09/10, for Right of Way infrastructure Improvement Program City Center Neighborhood #9C (Lincoln Road). On March 17, 2011 and April 27, 2011, Notice to Proceed (NTP) numbers 1 and 2 were issued to M. Vila, the general contractor for the project, with the anticipated project substantial completion of September 2011. Notices of delay, Non-performance and intent to terminate were sent to M. Vila, from June 8, 2011 through May 4, 2012. On July 2012, M. Vila closed its business. On October 2012, the City entered into an agreement with the bonding company, Sure Tec Insurance Company, to complete the remaining work. The project included resurfacing of the Collins Avenue and Lincoln Road intersection and construction of a brick paver crosswalk on the west side of this intersection. The City is responsible to maintain the brick paver crosswalk, which is located within FDOT right-of-way. FDOT has required the City to enter into and execute a Maintenance Memorandum of Agreement (MMOA) (see attached) for maintenance of the constructed brick paver crosswalk. The MMOA (attached) has been reviewed by City staff and finalized. Advisory Board Recommendation: N/A Financial Information: Source of Amount Account Funds: OBPI Financial Impact Summary: N/A City Clerk's Office Legislative Tracking: David Martinez, Ext. 6972 Sign-Offs: De artme i ctor Assista i Manager City na er DM M JLM T:\AGENDM20 Fe ruary\CENTER NEIGHBORHO #9C (LINCOLN ROAD\MMOA SUMIy/IARY.docx i MIAMIBEACH AGENDA ITEM � DATE ID MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Member of the Ci Commission FROM: Jimmy L. Morales, City Manager DATE: February 12, 2014 SUBJECT: A RESOLUTION OF THE MA OR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) FOR THE MAINTENANCE OF HARDSCAPE IMPROVEMENTS AT THE WEST SIDE OF THE INTERSECTION OF COLLINS AVENUE AND LINCOLN ROAD RELATED TO RIGHT OF WAY INFRASTRUCTURE IMPROVEMENT PROGRAM CITY CENTER NEIGHBORHOOD#9C (LINCOLN ROAD) PROJECT. ADMINISTRATION RECOMMENDATION Adopt the Resolution. FUNDING No funding is needed. BACKGROUNG The ROW Infrastructure Improvement Program City Center Neighborhood # 9C Project is to provide for the restoration and enhancement of streetscapes and infrastructure consisting of: potable water, storm drainage, hardscape, landscaping, irrigation and lighting systems. On November 17, 2010, the City Commission approved the award of the construction contract to M. Vila & Associates, Inc., (M. Vila), pursuant to Invitation to Bid No. 25-09/10, for Right of Way infrastructure Improvement Program City Center Neighborhood #9C (Lincoln Road). On March 17, 2011 and April 27, 2011, Notice to Proceed (NTP) numbers 1 and 2 were issued to M. Vila, the general contractor for the project, with the anticipated project substantial completion of September 2011. Notices of delay, Non-performance and intent to terminate were sent to M. Vila, from June 8, 2011 through May 4, 2012. On July 2012, M. Vila closed its business. On October 2012, the City entered into an agreement with the bonding company, Sure Tec Insurance Company, to complete the remaining work. This project is ninety (90%) percent complete. The remaining work consists of: milling and resurfacing the intersection of Lincoln Road and Collins Avenue, and addressing some punch list work. Collins Avenue is a major arterial roadway; owned and maintained by the Florida Department of Transportation (FDOT). Any work on their facilities is subject to issuance of a permit by FDOT. Commission Memorandum —Maintenance Memorandum of Agreement with the Florida Department of Transportation Page 2 The project included resurfacing of the Collins Avenue and Lincoln Road intersection and construction of a brick paver crosswalk on the west side of this intersection. The City is responsible to maintain the brick paver crosswalk, which is located within FDOT right-of-way. FDOT has required the City to enter into and execute a Maintenance Memorandum of Agreement (MMOA) (see attached) for maintenance of the constructed brick paver crosswalk. The MMOA (attached) has been reviewed by City staff and finalized. In summary, this project provides the necessary enhancement and beautification for the area. The brick paver crosswalk provides a roadway infrastructure upgrade with a safe and attractive pedestrian pathway that is consistent with the neighborhood's Basis of Design Report (BODR). CONCLUSION The Administration recommends that the City Commission authorize the Mayor and City Clerk to execute a Maintenance Memorandum of Agreement with the Florida Department of Transportation (FDOT) for the maintenance of hardscape improvements at the west side of the intersection of Collins Avenue and Lincoln Road related to right of way infrastructure improvement program City Center Neighborhood #9C (Lincoln Road) project. Attachment: Maintenance Memorandum of Agreement (MMOA) with Florida Department of Transportation (FDOT) JM/MT/DM/EC TAAGENDA\2014\February\CENTER NEIGHBORHOOD#9C(LINCOLN ROAD\City Center 9C-FDOT MMOA memo.doc RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) FOR THE MAINTENANCE OF HARDSCAPE IMPROVEMENTS AT THE WEST SIDE OF THE INTERSECTION OF COLLINS AVENUE AND LINCOLN ROAD RELATED TO RIGHT OF WAY INFRASTRUCTURE IMPROVEMENT PROGRAM CITY CENTER NEIGHBORHOOD#9C (LINCOLN ROAD) PROJECT. WHEREAS, on November 17, 2010, the City Commission approved the award of the construction contract to M. Vila &Associates, Inc., pursuant to Invitation to Bid No. 25-09/10, for Right of Way infrastructure Improvement Program City Center Neighborhood #9C (Lincoln Road); and WHEREAS, the Project is 90% complete; except the re-paving of the Collins Avenue and Lincoln Road intersection; and this work requires obtaining a permit from Florida Department of Transportation (FDOT); and WHEREAS, this Project also consisted of construction of a brick paver crosswalk at the west leg of Lincoln Road and Collins Avenue, and the cross walk has been constructed; and WHEREAS, FDOT requires execution of a Maintenance Memorandum of Agreement (MMOA) for the maintenance of the constructed brick paver crosswalk by the City. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby authorize the Mayor and City Clerk to execute the Maintenance Memorandum of Agreement and for the Administration to take such actions as are provided for in the Agreement to comply with its terms. PASSED AND ADOPTED THIS DAY OF 2014. ATTEST: Ralph Granado Philip Levine CITY CLERK MAYOR APPROVED AS TO F M & LANGUAGE & F R EX U1'ION Z � T ORNEY i�� /D 4T9 TAAGENDA\2014\February\CENTER NEIGHBORHOOD#9C (LINCOLN ROAD\City Center Bid Paclage 9C - FDOT MMOA Reso rev.doc C201Y . a kq �o FLORIDA DEPARTMENT OF TRANSPORTATION DECORATIVE PAVER CROSSWALK MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE CITY OF MIAMI BEACH This AGREEMENT, entered into o 20 , by and between the STATE OF FLORIDA DEPARTMEN OF T PORT TION, an agency of the State of Florida, hereinaft 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 (S.R. ) A1A/Collins Avenue/Section 87060, which is located within the limits of the CITY; and B. The CITY, pursuant to Construction Agreement # 2013 C 691 13, has drafted design plans for beautification improvements on S .R. A1A/Collins Avenue/Section 87060 at Station 85+80, 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 CITY will install a decorative paver crosswalk in accordance with the design plans for Construction Agreement # 2013 C 691 13 (the "Project" ) ; and D. 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 decorative paver crosswalk installed pursuant to the Project; and E. The CITY, by Resolution No . 2-014-48444 dated fZ41VA IL 2014 attached hereto as Exhibit `B' , which by referenc 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 Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach. Page 1 of 10 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 decorative paver crosswalk to the CITY in perpetuity upon the Department' s issuance of the executed Construction Agreement to the CITY. 3 . CITY'S MAINTENANCE RESPONSIBILITIES The CITY shall maintain the decorative paver crosswalk 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. The CITY's maintenance obligations shall include but not be limited to . a) Sweep the decorative paver crosswalk periodically to keep it 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 decorative pavers . c) Maintain and make repairs to the decorative pavers to prevent safety hazards for those using or intending to use the pedestrian crossing. d) For any routine repairs or replacement due to noticeable color scarring or surface deterioration of the crosswalk pavers, the product authorized installer should be contacted. e) The CITY shall conduct annual condition surveys of the pavers for gaps, settlement, drop-offs, and other deficiencies for the life of the adjacent pavement . f) Gaps within the pavers shall not exceed a quarter (1/4) of an inch. g) Differential settlement within the pavers shall not exceed a quarter (0 . 25) of an inch in depth. Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach Page 2 of 10 h) Ensure that no edge drop-offs adjacent to the pavers exist greater than two inches (2" ) measured to the adjacent areas . Restored areas must have no greater than one inch (1" ) drop.-off . i) When remedial action is required in accordance with the above requirements, the CITY at its own expense shall complete all necessary repairs within thirty (30) days of the date the deficiency is identified to or by the CITY. The CITY shall submit all services logs, inspections and surveys to the DEPARTMENT Warranty Coordinator annually as required in the above maintenance responsibilities . The DEPARTMENT may, at its sole discretion, perform periodic inspection of the decorative paver crosswalk 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. 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 decorative paver crosswalk, 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 the decorative paver crosswalk Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach Page 3 of 10 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 Center Drive Miami Beach, Florida 33139 Attention: City Manager with copy to: City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 Attention: City Public Works Director 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. 6. REMOVAL, RELOCATION OR ADJUSTMENT OF THE DECORATIVE PAVER CROSSWALK a) The Parties agree that the decorative paver crosswalk addressed by this AGREEMENT 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 the decorative paver crosswalk, the CITY's maintenance responsibilities will survive the relocation or adjustment, as long as the decorative paver crosswalk remains 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 Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach Page 4 of 10 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. This AGREEMENT shall continue in perpetuity or until termination as set forth in Section 7 . b) E-Verify The CITY / Contractors or Vendors : i . shall 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 . shall 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. The CITY shall insert the above clause into any contract entered into by the CITY with vendors or contractors hired by the CITY for purposes of performing its duties under this AGREEMENT. c) This writing embodies the entire agreement and understanding between the parties hereto and there are Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach Paae 5 of 10. no other agreements and understanding, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. d) This AGREEMENT shall not be transferred or assigned, in whole or in part, without the prior written consent of the DEPARTMENT. e) 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. f) 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. g) 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 . h) The section headings contained in this AGREEMENT are for reference purposes only and shall not affect the meaning or interpretation hereof. i) 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. j ) 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 . 9 . INDEMNIFICATION Subject to Section 768 . 28, Florida Statutes, as may be amended from time to time, the CITY shall promptly Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach Page 6 of 10 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, costs, damages, judgments, claims, demands, liabilities, attorney' s 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 exercise or attempted exercise of its responsibilities as set out in this AGREEMENT, including but not limited to, any act, action, neglect or omission by the CITY, its officers, agents, employees or representatives in any way pertaining to 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 directly caused or resulting from the sole negligence of 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. The CITY shall pay all costs and fees related to this obligation and its enforcement by the DEPARTMENT. - 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. 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 solely negligent shall excuse performance of Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach Page 7 of 10 this provision by the CITY. 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: a BY: LB Y. • CITY r District Director of Transportation 0 rations INCORP ORATED: ATTEST: {SE I 4,ATTEST: - CI Clerk Execut e Secretary -, VIEW: APPROVED AS TO FORM, LANGUAGE AND FOR EXECUTION /BY: By' : "TY At rney q District Chief C nsel Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach Page 8 of 10 EXHXBIT A PROJECT LIMITS Below are the limits of the decorative pavers to be maintained under this AGREEMENT. State Road Number: S.R. AlA/Collins Avenue/Section 87060 Agreement Limits: Station 85+80 County: Miami-Dade Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach Page 9 of 10 CITY OF MIAMI BEACH RESOLUTION To be herein incorporated once ratified by the CITY Board of Commissioners . Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach Page 10 of 10