Resolution 2022-32358 RESOLUTION NO] 2022-32358
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING, IN SUBSTANTIAL FORM, A
MEMORANDUM OF AGREEMENT 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/ALTON ROAD,
FROM MICHIGAN AVENUE TO 43RD STREET (FPID# 429193-1), AS PART
OF THE RECONSTRUCTION OF THE FDOT ALTON ROAD PROJECT; AND
FURTHER AUTHORIZING THE CITY MANAGER AND CITY CLERK TO
EXECUTE THE AGREEMENT.
WHEREAS, For the last few years,the Florida Department of Transportation (`FDOT')has
been working on the design and programming for the construction of improvements along Alton
Road/SR 907, from Michigan Avenue to 63rd Street(collectively, the "Alton Road Project"); and
WHEREAS, due to the magnitude of the Alton Road Project, FDOT has subdivided the
Project into four smaller projects as follows: (1) Michigan Avenue to 43rd Street ("Alton Road
Project 1"); (2) 43rd Street to 48th Street; (3) 48th Street to 57th Street; and (4) 57th Street to 63rd
Street; and
WHEREAS, this Resolution only applies to,the Alton Road Project 1; and
WHEREAS, Alton Road'Project 1, as initially proposed, consists of improvements and
maintenance to the roadway, including improvements to the drainage system, new pump stations,
pavement reconstruction, sidewalk reconstruction, new signalization, landscaping, and new
pavement markings; and
WHEREAS, the City has requested that FDOT collaborate with the City to modify its
design, and to enter into an agreement to incorporate City requested improvements into the Alton
Road Project 1; and
WHEREAS, FDOT has agreed to design, and subject to funding by the City, to construct
the following improvements requested by the City, ("City Improvements"):
• inclusion of pedestrian facilities and implementation of a two-way bicycle
lanes along east side of Alton Road from Michigan Avenue to Chase Avenue,
as part of the City's transportation improvements;
• Intelligent Transportation System Improvements, as part of the City's
transportation improvements; and
• design, construction and installation of the City-owned water and sewer
improvements; and
WHEREAS, on February 24, 2017, the City and FDOT executed a Utility Design by
Agreement ("2017 Consultant Agreement") to design the relocation of the existing water main
system impacted by the Alton Road Project 1, in the amount$290,756.85; and
WHEREAS, on July 20, 2022 meeting, the City Commission approved,via Resolution 2022-
32225, the allocation of additional design fees in the amount of$404,808.41, for a grand total design
fee amount of $695,565.26, to perform additional design services not included in the original 2017
Consultant Agreement of the City-owned utility facilities, including the replacement of the existing old
and substandard sewer system; and
WHEREAS, it is the intention of the parties to design, plan and construct all the
improvements in a harmonized and unified manner, and the parties recognize that it is more
efficient and effective to have FDOT perform said work; and
WHEREAS, FDOT will design and construct the City Improvements in the Alton Road
Project 1, with funding to be provided by the City to FDOT to fully cover the construction costs of
the City Improvements, currently estimated to cost between $9,000,000 - $12,000,000; and
WHEREAS, the City and FDOT have agreed to set forth each party's responsibilities in a
Memorandum of Agreement ("MOA"), a draft copy of which is attached as Exhibit "A" to the City
Commission Memorandum accompanying this Resolution; and
WHEREAS, pursuant to the proposed MOA, on or before October 1, 2023, the City and
FDOT will be required to enter into a binding Locally Funded Agreement, whereby the City will
agree to deliver an advance deposit to FDOT in the updated amount estimated to cover the full
construction cost of the City's Improvements; and
WHEREAS, additionally, upon completion of the City Improvements, the City and FDOT
will enter into a Maintenance Memorandum of Agreement, whereby the City will assume the
maintenance of the City Improvements and select-features within the FDOT rights-of-way; and
WHEREAS, based upon the foregoing, the City Manager recommends approving, in
substantial form, the draft MOA, setting forth the commitment of the parties in connection with
FDOT's design and construction of the City Improvements, and further authorizing the City
Manager to finalize and execute the MOA.
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, in substantial form, a Memorandum of Agreement 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/Alton Road, from Michigan Avenue to 43rd Street (FPID#
429193-1), as part of the reconstruction of the FDOT Alton Road Project; and further authorize the
City Manager and City Clerk to execute the Agreement.
PASSED and ADOPTED this a4 day of OG4/tr 2022.
ATTEST:
Dan Gelber, Mayor
OCT 2 7 2022
Rafa I E. Granado, City Clerk
APPROVED AS TO
Il,cohP;oRa7ED FORM & LANGUAGE
-'• `.�,, ;;? & FOR EXECUTION
City Attorne Date
Resolutions-C7 P
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Aline T. Hudak, City Manager
DATE: October 26, 2022
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING, IN SUBSTANTIAL FORM, A
MEMORANDUM OF AGREEMENT 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/ALTON ROAD, FROM MICHIGAN AVENUE TO 43RD STREET
(FPID# 429193-1), AS PART OF THE RECONSTRUCTION OF THE FDOT
AL TON ROAD PROJECT; AND FURTHER AUTHORIZING THE CITY
MANAGER AND CITY CLERK TO EXECUTE THE AGREEMENT.
RECOMMENDATION
The Administration recommends approving the Resolution.
BACKGROUND/HISTORY
For the last few years, the Florida Department of Transportation ("FDOT")has been working on
the design and programming for the construction improvements along Alton Road/SR 907,from
Michigan Avenue to 63rd Street(collectively,the"Alton Road Project").
Due to the magnitude of the Alton Road Project, FDOT has subdivided the Project into four
smaller projects as follows: (1) Michigan Avenue to 43rd Street ("Alton Road Project 1"); (2)
43rd Street to 48th Street;(3)48th Street to 57th Street; and (4)57th Street to 63rd Street.
ANALYSIS
The Alton Road Project 1, as initially proposed, consists of improvements and maintenance to
the roadway, including improvements to the drainage system, new pump stations, pavement
reconstruction, sidewalk reconstruction, new signalization, landscaping, and new pavement
markings.
The City has requested that FDOT collaborate with the City to modify its design, and to enter
into an agreement to incorporate City requested improvements into the Alton Road Project 1.
FDOT has agreed to design, and subject to funding by the City, to construct the following
improvements requested by the City("City Improvements"):
• Inclusion of pedestrian facilities and implementation of a two-way bicycle lanes along east
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side of Alton Road from Michigan Avenue to Chase Avenue, as part of the City's
transportation improvements;
• Intelligent Transportation System Improvements, as part of the City's transportation
improvements; and
• Design, construction and installation of the City-owned water and sewer improvements.
On February 24, 2017, the City and FDOT executed a Utility Design Agreement ("2017
Consultant Agreement"), providing that FDOT would design, at the City's cost, the relocation of
the existing water main system impacted by the proposed Alton Road Project 1, in the amount
$290,756.85.
At its July 20. 2022 meeting, the City Commission approved the allocation of additional design
fees in the total amount of $404,808.41. to construct adjustments to City-owned utility
facilities ("City' Utility Improvements")located along FDOT's State Road 907/Alton Road. from
Michigan Avenue to 43rd Street. said allocation increasing the total amount of the
estimated design fees under the agreement to $695,565.26 from previously approved funding,
via Resolution No. 2022-32225.
It is the intention of the parties to design, plan and construct all the improvements in a
harmonized and unified manner, and the parties recognize that it is more efficient and effective
to have FDOT perform said work.
FDOT will design and construct the City Improvements within the Alton Road Project 1, with
funding to be provided by the City to FDOT to fully cover the construction costs of the City
Improvements, currently estimated to cost between $9,000,000 - $12,000,000. The City and
FDOT have agreed to set forth each party's responsibilities in a Memorandum of Agreement
("MOA"), a draft copy of which is attached hereto as Exhibit "A". Pursuant to the proposed
MOA, on or before October 1, 2023, the City and FDOT will be required to enter into a binding.
Locally Funded Agreement, whereby the City will agree to deliver an advance deposit to FDOT
in the updated amount estimated to cover the full construction cost of the City's Improvements.
Additionally, upon completion of the City Improvements, the City and FDOT will enter into a
Maintenance Memorandum of Agreement, whereby the City will assume the maintenance of the
City Improvements and select features within the F DOT rights-of-way.
SUPPORTING SURVEY DATA
Results from the 2022 Resident Survey titled: Satisfaction with Perceptions of the City show
58.7%approval rate related to the overall quality of City services.
FINANCIAL INFORMATION
The required funding consists of 35% from transportation funds and the remaining 65% from
water and sewer funds. While these funds are currently not appropriated, transportation funds
required will be requested through the FY24 budget cycle. Similarly, funds for the water and
sewer portion have not been appropriated but will also be requested through FY24 budget
cycle. In addition, all water and sewer budget needs for the overall Alton Road Project will be
included in the upcoming water and sewer rate study, which is scheduled to be completed by
first quarter of 2023.
CONCLUSION
Based upon the foregoing, the City Manager recommends approving, in substantial form, the
draft Memorandum of Agreement attached hereto as Exhibit "A", setting forth the commitment
of the parties in connection with FDOT's design and construction of the City Improvements, and
further authorizing the City Manager to finalize and execute the MOA.
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Applicable Area
South Beach
Is this a"Residents Right Does this item utilize G.O.
to Know" item,pursuant to Bond Funds?
City Code Section 2-14?
Yes No
Strategic Connection
Prosperity- Revitalize targeted areas and increase investment.
Legislative Trackina
Public Works
ATTACHMENTS:
Description
o Draft MMOA
o Resolution
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MEMORANDUM OF AGREEMENT BETWEEN
THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND
THE CITY OF MIAMI BEACH
This Memorandum of Agreement(the"MOA") is entered into this day of
2022,by and between Florida Department of Transportation,an agency of the State of
Florida(hereinafter called"FDOT") and The City of Miami Beach, a municipal corporation
(hereinafter called the"City"),each referred to herein as, a"Party", and collectively as the
"Parties".
RECITALS
WHEREAS, the Department is undertaking roadway milling, resurfacing, overbuilding,
and widening Project FPID#429193-1 on SR 907/Alton Road from Michigan Avenue to 43`
Street referred to herein as the"Alton Road Project 1"; and
WHEREAS, FDOT has been in the process of designing,programming, and planning of
roadway improvements for SR907/Alton Road Projects;
WHEREAS,the Alton Road Project, as initially proposed,consists of improvements and
maintenance to the roadway, including improvements to the drainage system, new pump stations,
pavement reconstruction, sidewalk reconstruction, new signalization, landscaping, and new
pavement markings;
WHEREAS,the City has requested that FDOT collaborate with the City to modify its
design, and to enter into an agreement to incorporate City requested improvements into the
above mentioned FDOT project;
WHEREAS, it is the intention of the Parties to design, plan and construct all the
improvements in a harmonized and unified manner,and the Parties recognize that it is more
efficient and effective to have one entity perform said work;
WHEREAS,the Parties are committed to have FDOT be the designated entity to design,
and construct the City's requested improvements by incorporating same in the Alton Road
Project, with funding to be provided by the City to FDOT to fully cover the construction costs of
the City's requested improvements;
WHEREAS,the Parties agree to herein memorialize their general agreement and
commitments related to FDOT's undertaking to design and construct the City's improvements in
conjunction with the Alton Road Project 1, and the Parties' intent to enter into a binding Locally
Funded Agreement(LFA),whereby the City will fully fund the construction costs of the City's
requested improvements;
WHEREAS, in response to the City's request to incorporate the City's improvements into
the Alton Road Projects, FDOT shall revise the scope of the Alton Road Project 1 to include:
City requested improvement features (hereinafter"City Improvements"),which include
improved bicycle facility connectivity(bi-directional bicycle lane widening),pedestrian
improvements(additional sidewalk), Intelligent Transportation System (ITS)
improvements, and the design and construction of water and sewer improvements;
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WHEREAS, City Improvement features will be installed by FDOT, at the City's cost
and expense;
WHEREAS,the City is agreeable to FDOT accessing the City right of way for purposes
of completing the Project, and will grant FDOT authorization as required by FDOT;
WHEREAS, upon completion of the City Improvements, the City will assume the
maintenance of such features within the City's right of way and select features, including the
pump station infrastructures and landscaping,within FDOT's right of way. A separate
maintenance agreement will be entered into between the Parties.
WHEREAS,the City Resolution authorizing the City's execution of this agreement is
attached hereto as Exhibit"A".
NOW, THEREFORE, in consideration of the premises,and for other good and valuable
consideration,the Parties incorporate herein to the agreement all of the above recitals, and agree
to the following terms:
1. FDOT agrees to design, and subject to funding by the City, to construct the following
City Improvements as part of the Alton Road Project 1,as requested by the City:
• IncIusion of pedestrian facilities and implementation of a two-way bicycle
lanes along east side of Alton Road from Michigan Avenue to Chase Avenue;
• Intelligent Transportation System Improvements; and
• Design, construction and installation of the city-owned water and sewer
improvements.
2. It is understood and agreed that FDOT shall, at FDOT's expense, incorporate the
design of the City Improvements, excepting the design pertaining to the city-owned
water and sewer improvements, into the plans for the Alton Road Project 1. The City
utility design work will be performed by FDOT at the City's expense. FDOT and the
City entered into a Utility Design by FDOT Consultant Agreement on February 24,
2017,stating the terms and conditions for the design of the City owned water and
sewer improvements. The construction of the City Improvements shall be completed
by FDOT as components of the Alton Road Project 1 at the City's cost and expense.
3. The Parties will enter into a binding Locally Funded Agreement(LFA) on or before
October 1,2023,whereby the City will agree to deliver an advance deposit to FDOT
in the updated amount estimated to cover the full construction cost of the City
Improvements. The LFA shall provide for the advance deposit to be delivered to
FDOT by October 1,2023, and shall further provide for additional subsequent
deposits as necessary to fully cover payment of the actual construction cost of the
City Improvements. If the City does not execute the LFA and deliver the funds by
October 1,2023, FDOT shall redesign the Alton Road Projects to remove the scope
pertaining to the City Improvements.
4. The Parties shall further enter into a"Utility Work by Highway Contractor"
agreement by February 6,2024,pursuant to which the City shall fund the design and
construction of the city-owned water and sewer Improvements.
2
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5. As set forth in the attached Cost Responsibility Package, Exhibit"B",the current
estimated financial responsibility of the City for the construction cost of the City
Improvements is:
Project 429193-1 Estimated City Responsibility$9,000,000 - $12,000,000
Said estimates may be updated and are subject to change.
6. Prior to completion of the Project design plans, FDOT and the City shall enter into an
Off-System Construction and Maintenance Agreement for the purpose of allowing
FDOT to construct portions of Alton Road Project 1 within City right of way.
7. Prior to completion of the Project design plans,the Parties shall enter into a
Memorandum of Maintenance Agreement to address the City's maintenance
obligations for landscaping and for select pump station infrastructure within the Alton
Road Project 1 limits.
8. This MOA agreement may be executed in counterparts,and when taken together,the
same shall constitute a binding agreement on all Parties. A photocopy or facsimile
copy of this Agreement and any signatory hereon shall be considered for all purposes
as an original.
9. This MOA Agreement shall be binding upon and shall insure to the benefit
of the Parties hereto,and their respective successors, permitted assigns, heirs
and legal representatives.
10. The Parties agree that time is of the essence with respect to each of the Parties'
obligations under this MOA. Time is expressly made of the essence with respect to
City's agreement to execute a binding LFA committing to fully fund the construction
cost of the City Improvements.
11. Governing Law. This Agreement shall be construed in accordance with the laws of
the State of Florida. Any litigation arising out of this Agreement shall be in Miami-
Dade County,Florida.
12. Insurance 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 Agreement and in accordance with the provisions of Section
786.28, 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 Alton Road Project 1.
FDOT shall cause its contractors to add the City and FDOT as additional insureds and
Certificate Holders in their general insurance policies during the term of this MOA,
when performing work related to the Alton Road Project 1 within City-owned property.
3
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13. Indemnity Subject to Section 768.28, Florida Statutes,the City of Miami Beach shall
indemnify and hold harmless the FDOT and its officers employees, agents and
instrumentalities from any and all liability, injuries, losses or damages including
attorneys' fees and costs of defense, which the FDOT, or its officers,employees,
contractors, agents and instrumentalities may incur as a result of claims, demands,
suits, causes of actions or proceedings of any kind or nature arising out of, relating to
or resulting from the negligence or intentional act of the City, its officers, employees,
agents, and instrumentalities,except that neither the City nor any of its officers,
employees,agents, and instrumentalities will be liable under this provision for claims
caused by the negligence or intentional act of FDOT, its officers, employees,agents,
and instrumentalities.
Subject to Section 768.28, Florida Statutes, FDOT shall indemnify and hold harmless the
City and its officers,employees,agents, and instrumentalities from any and all liability,
injuries, losses or damages including attorneys'fees and costs of defense, which the City,
or its officers, employees, agents, and instrumentalities may incur as a result of claims,
demands, suits, causes of actions or proceedings of any kind or nature arising out of,
relating to or resulting from the negligence or intentional act of FDOT, its officers,
employees, agents, and instrumentalities, except that neither FDOT nor any of its
officers, employees, agents, and instrumentalities will be liable under this provision for
claims caused by the negligence or intentional act of the City, its officers,employees,
agents,and instrumentalities.
IN WITNESS WHEREOF the Parties have attached their hands and seals this day
of , 20
STATE OF FLORIDA DEPARTMENT CITY OF MIAMI BEACH
OF TRANSPORTATION
By: _ By:
Name: Name:
Title: Title:
Date: Date:
Approved as to form and legality:
Department Legal Review: City of Miami Beach Legal Review:
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By: By:
Name: Name:
5
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