Locally Funded Agreement with FDOTT ~ , , , y ~y ~ ~O/~-~~3~0~
Attachment 3 ~ ,
LOCALLY FUNDED AGREEMENT
THIS LOCALLY F NDE AGREEMENT (hereinafter `Agreement') is made and entered into
this'~~day of d`~ 20~i? between CITY OF MIAMI BEACH, a municipal
corporation of the State f Florida, hereinafter referred to as the `CITY', and the STATE OF
FLORIDA DEPARTMENT OF TRANSPORTATION a component agency of the State of
Florida, hereinafter referred to as the `DEPARTMENT' .
RECITALS:
WHEREAS, the DEPARTMENT has jurisdiction over and maintains the State Road (S.R.)
AlA/5th Street corridor within the corporate limits of the CITY; and
WHEREAS, the CITY has requested the DEPARTMENT install bicycle lanes and stamped
asphalt crosswalks, on S.R. AlA/5th Street from West Avenue to Collins Avenue; and
WHEREAS, the DEPARTMENT has agreed to install the bicycle lanes and stamped asphalt
crosswalks, on S.R. AlA/5th Street from West Avenue to Collins Avenue, subject to the terms and
conditions detailed in this Agreement; and
WHEREAS, the CITY shall fund the increased costs, under Financial Project Number
414636-1-52-01, associated with the installation of the bicycle lanes and stamped asphalt crosswalks,
on S.R. AlA/Sth Street from West Avenue to Collins Avenue, hereinafter collectively called the
`PROJECT', and as detailed in the attached Exhibit "A", "Scope of Services", which is herein
incorporated by reference; and
WHEREAS, the parties are authorized to enter into .this Agreement pursuant to Sections
334.044(7) and 339.12 (2006), Florida Statutes (F.S.), and authorize its officers to do so.
Page 1 of 12
Locally Funded Agreement between the City of Miami Beach
and the Florida Department of Transportation, Financial Project Number 414636-1-52-01
~ ' r ~ ~
J ~ 1
NOW, THEREFORE, in consideration of the premises, the mutual covenants and other
valuable considerations contained herein, the receipt and sufficiency of which are hereby
acknowledged, the parties agree as follows:
1. Recitals. The Recitals to this Agreement are true and correct and are incorporated herein
by reference and made a part hereof.
2. General Requirements
(a) A true and correct copy of the Resolution of the CITY Commission approving this
Agreement is attached hereto as Exhibit "C", `CITY OF MIAMI BEACH
RESOLUTION', and is incorporated herein by reference.
(b) The DEPARTMENT will administer and construct the PROJECT in accordance with
the signed and sealed PROJECT plans and as detailed in the attached Exhibit "A",
`Scope of Services'. The DEPARTMENT will complete the PROJECT utilizing the
funds provided by the CITY.
(c) The CITY will provide funding to the DEPARTMENT, in the aggregate amount of
TWO HUNDRED FORTY TWO THOUSAND FOUR HUNDRED NINETY FIVE
DOLLARS ($242,495.00), for the PROJECT, subject further to the provisions in
Section 3 of this Agreement and as outlined in the attachment Exhibit "B", "Financial
Summary", which is herein incorporated by reference.
(d) The DEPARTMENT Contractor will not commence work on the PROJECT until
CITY funding for the PROJECT is on deposit with the DEPARTMENT. The CITY,
DEPARTMENT and the State of Florida Department of Financial Services, Division
of Treasury, shall execute a Memorandum of Agreement (MOA) by which
DEPARTMENT will establish an interest bearing account in the initial amount of
Page 2 of 12
Locally Fz~nded Agreement between the Ciry of Miami Beach
and the Florida Department of Transportation, Financial Project Number 414636-1-52-01
/ ~ ~ ~ ~
. , ' ~
$242,495.00, for purpose of the PROJECT (as further provided in Section 2(g)
hereof )
(e) Upon the receipt, authorization and encumbrance of funding received from the CITY
as a result of this Agreement, the DEPARTMENT Contractor will commence work on
the PROJECT.
3. Financial Provisions.
(a) The CITY agrees that it will, no later than thirty (30) calendar days after the
DEPARTMENT'S execution of this Agreement, furnish the DEPARTMENT an
advance deposit in the amount of TWO HUNDRED FORTY TWO THOUSAND
FOUR HUNDRED NINETY FIVE DOLLARS ($242,495.00) for full payment of the
estimated PROJECT cost for Locally Funded Project Number 414636-1-52-01. The
advance deposit shall be the total estimated PROJECT cost plus allowances. The
DEPARTMENT may utilize this deposit for payment of the costs of the PROJECT.
(b) If the accepted bid amount plus allowances is in excess of the advance deposit amount,
the CITY will provide an additional deposit within fourteen (14) calendar days of
notification from the DEPARTMENT or prior to posting the accepted bid, whichever
is earlier, so that the total deposit is equal to the bid amount plus allowances. The
DEPARTMENT will notify the CITY as soon as it becomes apparent the accepted bid
amount, plus allowances, is in excess of the advance deposit amount. However,
failure of the DEPARTMENT to so notify the CITY shall not relieve the CITY from
its obligation to pay for its full participation on final accounting as provided herein
below. If the CITY cannot provide the additional deposit within fourteen (14) days, a
letter must be submitted to and approved by the DEPARTMENT'S PROJECT
Page 3 of 12
Locally Funded Agreement Getween the City of Miami Beach
and the Florida Depm~tnzent of Transpa~tation, Financial Project NumGer 414636-I-52-01
manager indicating when the deposit will be made. The CITY understands the request
and approval of the additional time could delay the PROJECT, and additional costs
maybe incurred due to a delay of the PROJECT.
(c) If accepted bid amount plus allowances is less than the advance deposit amount, the
DEPARTMENT will refund the amount that the advance deposit exceeds the bid
amount plus allowances if such refund is requested by the CITY in writing.
(d) Should PROJECT modifications or changes to bid items occur that increase the
CITY's share of total PROJECT costs, the CITY will be notified by the
DEPARTMENT accordingly. The CITY agrees to provide, without delay, in advance
of additional work being performed, adequate funds to ensure that cash on deposit
with the DEPARTMENT is sufficient to fully fund its share of the PROJECT. The
DEPARTMENT shall notify the CITY as soon as it becomes apparent the actual costs
will overrun the award amount. However, failure of the DEPARTMENT to so notify
the CITY shall not relieve the CITY from its obligation to pay for its full participation
during the PROJECT and on final accounting as provided herein below. Funds due
from the CITY during the PROJECT not paid within forty (40) calendar days from the
date of the invoice are subject to an interest charge at a rate established pursuant to
Section 55.03, F.S.
(e) The DEPARTMENT intends to have its final and complete accounting of all costs
incurred in connection with the work performed hereunder within three hundred and
sixty (360) days of final payment to the Contractor. The DEPARTMENT considers
the PROJECT complete when final payment has been made to the Contractor, not
Page 4 of 12
Locally Funded Agreement between the City of Miami Beach
and the Florida Department of Transportation, Financial Project Nunxber 414636-1-52-01
when the construction work is complete. All PROJECT cost records and accounts
shall be subject to audit by a representative of the CITY for a period of three (3) years
after final close out of the PROJECT. The CITY will be notified of the final cost.
Both parties agree that in the event final accounting of total PROJECT costs pursuant
to the terms of this agreement is less than the total deposit to date, a refund of the
excess will be made by the DEPARTMENT to the CITY. If the final accounting is
not performed within three hundred and sixty (360) days, the CITY is not relieved
from its obligation to pay.
(~ In the event the final accounting of total PROJECT costs is greater than the total
deposits to date, the CITY will pay the additional amount within forty (40) calendar
days from the date of the invoice from the DEPARTMENT. The CITY agrees to pay
interest at a rate as established pursuant to Section 55.03, F.S., on any invoice not paid
within forty (40) calendar days until the invoice is paid.
(g) The payment of funds under this Locally Funded Agreement will be made directly to
the DEPARTMENT for deposit, and as provided in the attached Memorandum of
Agreement (MOA) between the CITY, DEPARTMENT and the State of Florida,
Department of Financial Services, Division of Treasury.
(h) Nothing in this Agreement shall be construed to violate the provisions of Section
339.135(6)(a), Florida Statutes, which provides as follows:
"The Department, during any fiscal year, shall not expend money, incur any liability,
or enter into any contract which, by its terms, involves the expenditure of money in
excess of the amounts budgeted as available for expenditure during such fiscal year.
Page 5 of 12
Locally Fzmded Agreement between the Ciry of Miami Beach
and the Florida Department of Transportation, Financial Project Number 414636-1-52-DI
Any contract, verbal or written, made in violation of this subsection is null and void,
and no money may be paid on such contract. The Department shall require a statement
from the Comptroller of the Department that such funds are available prior to entering
into any such contract or other binding commitment of funds. Nothing herein
contained shall prevent the making of contracts for periods exceeding one year, but
any contract so made shall be executory only for the value of the services to be
rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall
be incorporated verbatim in all contracts of the Department which are for an amount in
excess of TWENTY FIVE THOUSAND DOLLARS ($25,000.00) and which have a
term for a period of more than one year."
4. Effective Date of this Agreement. This Agreement shall become effective upon execution
by the CITY and the DEPARTMENT and as of the date set forth on page one (1) hereof.
5. Provisions Separable. The provisions of this Agreement are independent of and separable
from each other, and no provision shall be affected or rendered invalid or unenforceable by
virtue of the fact that for any reason any other or others of them may be invalid or
unenforceable in whole or in part.
6. Amendment of Agreement. This Agreement may only be amended by mutual agreement of
the DEPARTMENT and the CITY, expressed in writing and executed and delivered by each.
7. Notices. All notices, requests, demands and other communications required or permitted
under this Agreement shall be in writing and shall be deemed to have been duly given, made
and received when delivered (personally, by courier service such as Federal Express, or by
other messenger) against receipt or upon actual receipt of registered or certified mail, postage
prepaid, return receipt requested, addressed as set forth below:
Page 6 of 12
Locally Funded Agreement between the City of Miami Beach
and the Florida Departnxent of Transportation, Financial Project Number 414636-I-52-01
(a) If to the CITY: City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
Attention: Fernando A. Vazquez, P.E., City Engineer
Ph.: 786-367-8968
(b) If to the DEPARTMENT: Florida Department of Transportation
1000 NW 111 Avenue, Room 6202B
Miami, Florida 33172-5800
Attention: Michelle L. Meaux, JPA Coordinator
Ph.: 305-470-5112
Any party may alter the address to which communications or copies are to be sent by giving
notice of such change of address in conformity with the provisions of this paragraph for the
giving of notice.
8. Entire Agreement. This Agreement, including its attached Exhibits, contain the sole and
entire Agreement between the parties with respect to such subject matter and supersede any
and all other prior written or oral agreements between them with respect to such subject
matter.
9. Binding Effect. This Agreement shall be binding upon the parties and their respective
representatives, successors and assigns.
10. Waiver. Waiver by either party of any breach of any provision of this Agreement shall not be
considered as or constitute a continuing waiver or a waiver of any other breach of the same or
any other provision of this Agreement.
11. Captions. The captions contained in this Agreement are inserted only as a matter of
convenience or reference and in no way define, limit, extend or describe the scope of this
Agreement or the intent of any of its provisions.
Page 7 of 12
Locally Funded Agreement between the City of Mianzi Beach
and the Florida Department of Transportation, Financial Project Number 4/ 4636-1-52-01
12. Absence of Third Party Beneficiaries. Nothing in this Agreement, express or implied, is
intended to (a) confer upon any entity or person other than the parties and their permitted
successors and assigns any rights or remedies under or by reason of this Agreement as a third
party beneficiary or otherwise except as specifically provided in this Agreement; or (b)
authorize anyone not a party to this Agreement to maintain an action pursuant to or based
upon this Agreement.
13. Other Documents. The parties shall take all such actions and execute all such documents
which may be reasonably necessary to carry out the purposes of this Agreement, whether or
not specifically provided for in this Agreement; provided that the parties further acknowledge
that certain additional actions by the CITY may require approval by the CITY Commission,
and, to the extent such approval is required by applicable law, obtaining such approval shall
be a condition to the obligations of the CITY under this Section.
14. Governing Law. Tliis Agreement and the interpretation of its terms shall be governed by the
laws of the State of Florida, without application of conflicts of law principles. Venue for any
judicial, administrative or other action to enforce or construe any term of this Agreement or
arising from or relating to this Agreement shall lie exclusively in Miami-Dade County,
Florida.
Page 8 of 12
Locally Fz~nded Agreement between the Ciry of Miami Beach
and the Florida Department of Ti~anspa•tation, Financial Project NumGer 41 4636-/-52-0]
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on
the day and year first above written, CITY OF MIAMI BEACH, signing by and through its City
Mayor, and the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, signing by and
through its District Secretary, each duly authorized to execute same.
CITY OF MIAMI BEACH:
STATE OF FLORIDA,
DEPARTME-~T OF~'I
ATION:
BY:
ITY MAYOR
~~
ATTEST: ~-
(SEAL) CITY CLERK
TARY
ATTEST \
(SEAL) EXEC TIVE SE TARY
w ` ~ ~._ _
LEGAL REVIEW:
CITY ATTORNE
`~
U °` -
DISTRICT CHIEF COUNSEL
APPROVED AS TO
FORM $ LANGUAGE -
~ FO CUTION
~~ ~~~ o
~l 3z~~
City Attorney; ~ ~ Date
Page 9 of 12
Locally Funded Ag~•eement between the City of Miami Beach
and the Florida Department of Transportation, Financial Project Naember 414636-1-52-0]
t L
EXHIBIT `A'
SCOPE OF' SERVICES
The subject corridor is a six-lane divided roadway, with a landscaped median, curb and gutter and
sidewalk oa both sides of the roadway. - j -
The DEPARTMENT will be adding ~a 4' dedicated bicycle lane along both sides of the project
corridor beginning on Lenox Avenue and terminating at Collins Avenue. In order to achieve the
desired lane wid~ths,~the existing 1?_' travel lanes will need to be reduced to 11' and widening into the
existing median will need to take hlace. It has been estimated that approximately 11 coconut palms
will be affected'. as a result of this improvement.
i
i
The DEPARTMENT will be installing stamped asphalt crosswalks at the following intersections on
5th Street:
-Alton Road
-Lenox Avenue
- Michigan Avenue
- Jefferson Avenue
- Meridian Avenue "
- Washington Avenue
Collins Avenue - -
PROJECT LIMITS: S.R. AlA/5th Street from West Avenue'to Collins Avenue
DEPARTMENT Financial Project Ntuirber: 414636-1-52-O1 !
COUNTY: Dade
DEPARTMENT Design Project Manager: Ana Arvelo, P.E. 305-470-5210
CITY Project Manager: Fernando A. Vazquez, P.E. 305-673 7080
Page 10 of 12
Locally Funded Agreement. between the Cary of Miami Beach
and the Florida Department of Transportation,. Financial Project Number 41 463 6-1-52-O1
EXHIBIT `C'
CITY OF MIAMI BEACH RESOLUTION
To be attached hereto and incorporated herein once ratified by the CITY Commission.
Page 12 of 12
Locally Funde cAgreement between the City of Miami Beach
and the Florida -Department of Transportation, Financial Project Number 4/4636-1-52-0/
~R
~.
=tiJ ..
~FloridaDepartment of Transportation :
' .. -
CHARLIE CRIST' j00Q NW ~ ~ ~ AVetlUe 1 ~ STEPHANIE C. KOPELOUSOS
GOVERNOR ' MICtt71f, FL 331 ~2 j SECRETARY
- April 27, 201Ok
. Ms: Lilia Cardillo ~ i .
City Clerk's Office '
City of Miami Beach
~' :.1700 :Convention Center Drive. -.
Miami Beach,.Florida 33139
` - Re: Locally'Funded Agreement Execution & Payment.Notice ~ .
- Project# 414636-1-52-04~ ~ - -
•~W
Dear. Ms. Cardillo, -
_~ : In. accordance with the executed Agreement; the City shall Piave thirty (30)
~~ calendar days from April 27, 2010 to`furnisfi the. Department, for deposit, the amount of
.. TWO HUNDRED FORTY TWO THOUSAND FOUR HUNDRED NFNETY FIVE
DOLLARS ($242,495.00). Payment shall be made by one of two methods: 1) by check,
with Financial Project No: 414636-1-52-01 clearly visible on the face ofthe check,
mailed to the Department for processing at:
' _ .Florida, Department of Transportation
Office of Comptroller '
605 Suwannee Street
Tallahassee, FL 32399
Attn: LFA Section
' ~ or 2) by wire transfer; by following the detailed instructions in the enclosed `Florida
Department of Transportation Office of the Comptroller. Wire Lnstructions'. (Recommended)
<< ~ `The Department-looks forward to continuing this partnership with the City of
;Miami Beach and stands ready to assist you with any questions or concerns you may '
have. You may contact me at (305)'470-51.12, if you require further assistance.
_ Sincerely,
~. -
` ~ ~-~ Michelle ores Meaux
' ~ Joint Participation Agreement Coordinator
~.
enc: One (1}Diiginal Agreement; Wire Instructions ~ .~ ,
cc: AnaArvelo; File'
' www:dotstate.tl.u5 '
Florida Department :of Transportation
Office of the Comptroller
Wire and ACH Instructions
Wire and ACH Instructions for Local Funds'Being Deposited into the. Treasury Cash
Deposit Trust Fund K 11-78 with Department of Financial Services
• Please wire or ACH funds to:
Department of Financial.Seryices
c/o Bank -of America
315 S. Calhoun Street "
Post Office Box 5257
Tallahassee, FL .32301 .
Bank Phone: (850) 561-1799
WIRING INSTRUCTIONS
Bank of America
Account #'001009068974.
ABA. # 026009593 " ..
Chief Financial Officer of Florida
Re: DOT - K 11-78, Financial Project#
ACH . INSTRUCTIONS
Bank of -America
Acbount.# 001009068974
'ABA # 063.100277
Chief Financial' Officer of Florida
Re,: DOT —K 11-78, Financial Project .#
In: order for DOT to receive credit for the funds due to the Department, the reference' line,
:'must contain "DOT" -and an abbreviated purpose, financial project number or LFA account
number. -
`Once the wire transfer iscomplete; please contact Donna Lockhart at 850-414-4886 or
Charmaine Small at .850-414-4885 with the following information:
Financial Project Number 414 6.840
Dollar amount of transfer
Name of Participant
It:*is critical that the above infomuation be provided to the LFA- accountants to properly
process the deposit.
r~-_-_-__-_ _r~. T- . - -----~{
~: _., _
Attachment 4 %~ 0
1.
FLORLDA DEPARTMENT OF TRANSPORTATION
SPECYALTY SURFACE.. CROSSWALKS
MAINTENANCE MEMORANDUM OF AGREEMENT °"
WITH .
t -
,~ , ~ CITY OF MIAMI BEACH.
- This AGREEMENT, entered into °this __~ day of ~ ~' ~ ,
,~-- 20~, by and between the FLORIDA DEPARTMENT OF TRANSPORTATION, a
component agency of the' State of Florida, hereinafter called he "
DEPARTMENT.,-and: the CITY OF MIANLI BEACH, a municipal corporat-ion of "
. - ..
`. :-the State of Florida, hereinafter.-called the CITY.
RECITALS: '
WHEREAS, the 'DEPARTMENT'.lias jurisdiction over State Road
(S.R.} AlA/5th Street, from .West Avenue (M.P. 3.11) to Collins
- Avenue (M.P. 3.69), within the limits of:the CITY,. as part of the
Stave of Florida Highway System; and
WHEREAS, the DEPARTMENT has.drafted design. plans `for the ~ '
.improvements on S.R. AlA/5tn.Street, from West,: Avenue to Collins.
- Avenue, in accordance with DEPARTMENT Contract # T-6091-the limits
s of. which,.. (hereinafter PROJECT LIMITS)', are•.described in the
. ~~" attached.- Exhibit '~A" ; which .by .reference hereto shall "become a '
part hereof;. and ,
` WHEREAS,. the--DEPARTMENT and the CITY-are both committed to
improving the aesthet=cs within the PROJECT LIMITS; and
WHEREAS,_the CITY has requested that the DEPARTMENT install
;:: ~ specialty surface crosswalks within the. PROJECT. LIMITS=, and the
". DEPARTMENT, is willing to do so subject to the terms and conditions
" contained herein; .and
-,
WHEREAS, the CITY, by' Resolution No :2010 ;2~3bg, dated '
' ~ ~ t.i 2oi0 atta.chec3 hereto as Exhibit "&" , which by reference
h veto. shall. become~a part, hereof, desires' to enter into this.
AGREEMENT and authorizes its officers to,do so. '
NOW, THEREFORE, for and in, consideration of the mutual
benefits to flow each to the other, the parties covenant and agree
as follows:
• ~ Specialty Surface Crosswalks- .~
Maintenance Memorandmn of Agreement between Florida Department of Transportation and City of Miami Beach
Page 1 of 8
1,. i.
u c .. ~ ~ r,
1.'...DEPARTMENT RESPONSIBILITIES -
~1.1.Assgnment
.~ ~ 'The DEPARTMENT acid the CITY agree that, by executing this
," AGREEMENT, all maintenance responsibilities pertaining to
-the specalt;ysurface crosswalks installed by DEPARTMENT
within the PROJECT LIMITS, pursuant to his AGREEMENT,.
". `will be assigned to 'the CITY in perpetuity.
` 2." CITY'S MAINTENANCE RESPONSIBILITIES
The GLTY shall be solely responsible for the maintenance and
" preservation of'the specialty ,surfaces- within the PROJECT-
' LIMITS. '
'. 2.1. Maintain and make repairs to .the specialty surfaces to
" °: prevent safety hazards for those using or. intending to
use the pedestrian crossings.
2,2. On a biannual basis, the area of each cros=swalk in the ,
. - outside traffic lane shall be tested for friction
resistance in accordance with ASTM E .274-06. Friction
. ~-~~ ~ ~. resistance shall be no less than 30 FN40R or equivalent
- ~~ ~as specified in Exhibit ~~A'' , Table 1.. Failure to
" achieve minimum friction resistance shall require all
. ~ lanes of: the crosswalk to be friction tested `to
determine the extent of .the deficiency. All def,ic,ent
areas shall. be removed to their full extent (lane-by-
lane) aril replaced with the same product installed
initially: If more .than fifty percent (50%) of 'the
lanes in the intersection require replacement, the
entire intersection installation may be reconstructed
.with ,a-different- product on the Qualified Products
. List.
,~
.2.3. The CITY shall. conduct biannual condition surveys ,o"f '
~"... °' ,~ the specialty surfaces for.. rutting, raveling, .pot
'. holes, delamination and .cracking for the life of the
' - adjacent pavement.
` a) Unless the pavement adjacent to thecrosswalk is
. - also deficient in rutting, rutting depth of the
specialty surface shall not exceed 0.25 inches.
` Remedial work shall include the full depth removal
" of the specialty surface across the full width of
,~ ~ the lane and crosswalk..
a ~ b) Unless''the.pavement in the intersection is showing'
- Specialty Surface Crosswalks
Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Mianti [3each
"...Page 2 of 8
. f ~ - _ ..
.-.
~`~.. "" ': uniform raveling deficiencies, raveling, potholes.
or delaminaton of the specialty surface shall"not
exceed 0.2r5.nches in depth or more than 25 square'
inches ' in area . Remedial work ,shah include -the
. ~ 'patchizig' of :the specialty sur.faoe in accordance
with the manufacturer's instructions.
c) _Unless~ pavement adjacent . in the .intersection is "
deficient in .cracking criteria, .cracking width of
' ~~". the specialty surface shall not exceed 1/8 of an•
nch`.fc~r more than 10 feet in any lane of the
crosswalk.. -Remedial work shall include as a
•~ ~ mnrnurn, the full depth removal of `" the specialty
' surface along the complete length o„f the. crack (s)
andfor_ the. width recommended by the .manufacturer.
2.4. The results ,:of all friction tests and condition .surveys
' .. - shah be .sent. to . the District Maintenance Office's
Warranty Coordinator with a cover letter either.
` certifying that the crosswalks comply with.. the above
" ~ stated. requirements, or what remedial- action will be ''
' taken to restore the friction and/or integrity of
,. ~ the crosswalk area.. '
2:5. When remedial action is requred.'n accordance with .the
` ~ above requirements, the' CITY at its owrr expense shall;,
complete 'al'l necessary repairs within ninety (90) days
of the date the,."deficiency is identifed.
2.6. No more than two (2) full specialty surface repairs
shall be made to an area without first resurfacing. the
- pavement. to its full depth. ~ .
~. 2.7. Sweep the specialty surface crosswalks periodically to '.
keep therrl free of debris -and to maintain an
' ~ aest'`hetically pleasing condition. A light.-pressure-
,~ washing may be necessary for heavy. stain removal or
•_ ~ cleaning .
2.8. Remove and. properly dispose of litter from~specalty'
.. surfaces.
"."~. 2~.9. For any routine ,repairs or replacement due to
noticeable color .scarring or. surface deterioration of
"~ ~• the specialty surfaces, the product authorized
ristaller 'should be contacted.
. ~ , .. " 3 ,.. . "AMENDMENTS .
- ~ -
-' This AGREEMENT mazy be amended in writing if mutually agreed to
. ~ Specialty Surface. Crosswalks
Maintenance Memorandum of Agreement between Florida Dcpartment of Transportation and CityofMiami (leach
,-
Pabe 3 of 8 ..
Vii, - ~ ~ ~ .. - .
" by both parties. ..
4•.°: MAINTENANCE DEFICIENCIES
'`~ If, at any time while the terms' of ~this,AGREEMENT. are in
effect", t`shall come to the 'attention of the DEPARTMENT'S
,..~, ~ ~ DLSTRICT MAINTENANCE ENGINEER that the CITY'S responsibility
-as established herein or .a .part thereof is not being ;properly
accomplished. pursuant to the terms of this AGREEMENT, said ,
•~ DLSTRICT MAINTENANCE ENGINEER. may, a his option,, issue a.~' -
_' - ~. written notice, in care of the CITY~MANAGER, to place the CITY
' ~ °- ~ on notice regarding its maintenance-deficiencies. Thereafter,
• :•~.-the CITY shall .have a period ,of ninety (90) days within which
:"• ~ to.correct. he. cited deficiency or deficiencies,. .If, said:.
`.~ ~ deficiencies are not corrected within this time period, the
•DEPARTMENT may, at,its'option, proceed as follows:
4,1.Mantan the specialty surface crosswalks declared
'. .~~~ deficient with' DEPARTMENT .and/or its independent `
.~, contractor.'s materials, equipment and personnel. The
• ~ actual .cost for. such work will be charged to the CITY.
-' ~ f~.4.2".The DEPARTMENT` reserves the .right to replace the -
- ~ ',specialty surface crosswalks. with•conventonal pavement ':
,~. ~. ~ and bill he CITY for this cost. ~ '- `
s- 5. NOTICES - ,
,. .`' All notices, requests,, d"errands, consents, approvals, and other '
~: •~~~'_ ~ communication -which are required` to be ..served or .,given
hereunder, shall be in writing and shall be sent by registered •
'`` ~ mail or•certifed. 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
100.0 Northwest -111 Avenue; Room 62.05
.~ Miami,Florida 33172-,5800 _
-. Attention: District Mantenance';Engineer
. To the CITY: City of Miami- Beach
1700. Convention Center-Drive
:Miami Beach, Florida,3.3'139
o Attention: City Manager '
s Specialty Surface Crosswalks
~- Maintenance Memorandum oF.v~reement between Florida Deparhneirt of Transportation and City of Miami Beach `
• Pale 4 of, 8 . ~
• .
•
;.~.
Copies to: City of Miami Beach
` 1700 Convention Center Drive
Miami Beach, FL 33139.
• Attention: Public Works Director
'~ 6. SPECIALTY SURFACE CROSSWALKS INSTALLATION
6.1.It isunderstood between the parties hereto that the
~_ specialty surface crosswalks oovered by this. AGREEMENT
may be rempved at any time in the future, as found
•• necessary by the DEPARTMENT, in order that the adjacent
_~ •_state road be .widened,altered or otherwise changed and
maintained to meet with future criteria or planning of
- the DEPARTMENT. Al l• costs associated with such activities
will be solely at the expense of the DEPARTMENT.
7: TERMINATION
- This AGREEMENT is subject to termination under any one of the
following conditions.:
7•.1.In accordance with .Section 287.058{1)(c), Florida
Statutes, the DEPARTMENT shall reserve the right to
'. ~ unilaterally cancel-this AGREEMENT i`f the CITY refuses' to '
• allowpublic acoess 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.,
7.2.Only f~mutually agreed to by both. parties with 'a six (6)
month written notice.
8. TERMS
8.l.The term o.f this AGREEMENT shall ,only. commence upon
•y execution by all parties. and after-the CITY receives the ,
' Notice To. Proceed letter from the DEPARTMENT. This
.AGREEMENT shall continue in perpetuity or. until
t ~ termination as set forth in Section 7.,
8.2..Ths- writing embodies. the entire AGREEMENT and
° '• understandng:bet.weeri the` parties hereto and 'there are
-, not other .,.agreements and understanding, oral or written,
witri' reference to the subject matter hereof that are not
merged herein .
Specialty Surface Crosswalks
-Maintenance Nleinorandum of Aareeiiient between Florida Deparm~ent of Transportation and City of-Miami Beach
Page 5 of 8
8'.3.Ths AGREEMENT is nontransferable and nonassignable in
' whole or' in part. without `the prior 'written -consent of the
' DEPARTMENT..
,. :' 8.4: This AGREEMENT, regardless. of where executed, shall be
governed by and constructed in accordance with the laws
of the State of Florida.
' IN WITNESS ...WHEREOF, the parties hereto have caused- these
` :presents to be executE~d the day and year first above, written.
'.CITY OF MIAMI BEACH:' STATE OF FLORIDA:
. DEPARTMENT OF TRANSPORTATION:
- BY : ~ BY c '
,'. ~ ty M age D'st ict Secretary
;_;t~;,,.w ..~. ~ .
TTEST : ~ ATTEST : ~~~~ < ' ".~ ~'"`""- ~
~, . ~ ~ < ty Clerk Executive SF s ~ta_ry~"~
' =:~~y ~~~,.. raj
4 1 d
.. '~ ~ ri•
-~ ~, ~
." LEGAL REVIEW:, ~ '- ;~ rF=_. ~~ ,
' :.
_. ~ ..
' BY: BY:
City Att ney District Chief Cou sel
, ~
{ ,
'.
i, .
;. -
APPROVED AS TO
- , FORM & LANGUAGE
~. t~~FOR EXECUTION
r C~•
_ tY ~~~ Date
~; ~ `
Specialty.5urflce Crosswalks ~ ,
Maintenance Memorandum of Agreementbehveen Florida Depargnent of Transportation and City of Miami Beach
Page 6 of 8
-.
..,t
EXHIBIT ' `A''
PROJECT LrIMITS
"Below are the limits of the specialty surface crosswalks to be
' maintained under this AGREEMENT.
• ~ State Road Number: AlA/5th Street -
Agreement Limits.z From West Avenue (M:P. 3.11) to Collins Avenue
- (M.P. 3.69) -
County,c Miami-Dade
a" -
• Speca ty"". Surface Crosswalks
~~ Intersections of 5th St "reef & : "
` o Alton Road
'o..Lenox-Avenue.
o Michigan Avenue
• ,• o Jefferson Avenue- •
o Meridian Avenue
' o Washington Avenue
°i o Collins Avenue
r _.
~; ~ .
~~Table 1; `Friction Number Conversions for Test .Speeds Other Than '
- 4~ •mph
;.:
i .•
30.mph Test
Speed
FN Results To Convert to
40 mph
Results. 5-0 mph. Test
Speed
FN Results To Convert to
•40 mph .
Results.
<29 Subtract l <26 Add '1
29 to 47 Subtract 2 26 to 42 'Add 2
•~ 48 to 67 Subtract 3 43 to 60 Add 3
}
•,
. i~ '
# -
- t ~.
{
t
~'
F
Specialq~ Surface Crosswalks ' . '
~~ Maintenance'Memoranduui of F~greement liebveen Florida Depuhnent ofi Transportation and City of Miami $each "
• Page 7 of 8
s
EXHIBIT
..BII
CITY OF MIAMI BEACH RESOLUTION
To be herein .incorporated once ratified by the CITY Board of
Commissioners.
' Specialty Surface Crosswalks
Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach
Page 8 of 8
Attachment 5
y ~y~,~ _ . ~ar~-~-~3~ ~
MEMORANDUM OF AGREEMENT
THIS AGREEMENT, made and entered into this .5~rw , day of ~ A~ , 2010.
by and between the State of Florida, Department of Transportation, hereinafter referred to
as "FDOT"and the State of Florida, Department of Financial Services, Division of Treasury
and the City of Miami Beach hereinafter referred to as the "Participant".
WITNESSETH
WHEREAS, "FDOT" is currently constructing the following project:
Financial Project Number: 414636-1-52-01
County: Miami-Dade
hereinafter referred to as the "Project".
WHEREAS, FDOT and the Participant entered into a Locally Funded Agreement
dated ~rZi 1 2~,~, wherein FDOT agreed to perform certain work on behalf of the
Participant in conjunction with the Project.
WHEREAS, the parties to this AGREEMENT mutually agreed that it would be in the
best interest of the FDOT and the Participant to establish an interest bearing escrow
account to provide funds for the work performed on the Project on behalf of the Participant
by the FDOT.
NOW THEREFORE, in consideration of the premises and the covenants contained
herein, the parties agree to the following:
1. An initial deposit in the amount of $242,495.00 (TWO HUNDRED FORTY TWO
THOUSAND FOUR HUNDRED NINETY FIVE DOLLARS) will be made by the Participant into
an interest bearing escrow account established by the FDOT for the purposes of the
project. Said escrow account will be opened with the Department of Financial Services,
Division of Treasury, Bureau of Collateral Management on behalf of the FDOT upon receipt
of this Memorandum of Agreement. Such account will be an asset of FDOT.
2. Other deposits will be made only by the Participant as necessary to cover the
cost of additional work prior to the execution of any Supplemental Agreements.
3. All deposits shall be made payable to the Department of Financial Services,
Revenue Processing and mailed to the FDOT Office of Comptroller for appropriate
processing at the following address:
Florida Department of Transportation
OOC-GOA, LFA Section
605 Suwannee Street, MS 42B
Tallahassee, Florida 32399
4. The FDOT's Comptroller and/or her designees shall be the sole signatories on
the escrow account with the Department of Financial Services and shall have sole authority
to authorize withdrawals from said account.
5. Unless instructed otherwise by the parties hereto, all interest accumulated in
the escrow account shall remain in the account for the purposes of the Project as defined
in the LFA.
APPROVED AS TO
FORM & LANGUAGE
6. The Department of Financial Services agrees to provide written confirmation
of receipt of funds to the FDOT.
7. The Department of Financial Services further agrees to provide periodic
reports to the FDOT.
Q.~~ sew ~5~ ~
STATE OF FLORIDA v
DEPARTMENT OF TRANSPORTATION
COMPTROLLER
STATE OF FLOR A
DEPARTMENT OF FINANCIAL SERVICES
DIVISION OF TREASURY
M . C-~~nz.A-tez,~i~y r~cu~c.~~ ~e.~
PARTICIPANT NAME & TITLE
~cvu a....,.-~ `3 e~J-. , i-t_ . 3313
PARTICIPANT ADDRESS
~l - (o cx~o 3~-S
FEDERAL EMPLOYER I.D. NUMBER
t~ FO CUTION
,--z 3 Z9 c u
Cit omey~ Date