FDOT Agreement aa( I- 2 6
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•
Attachment 2 • lr�l/
LOCALLY FUNDED AGREEMENT
THIS LOCALLY FUNDED AGREEMENT (hereinafter `Agreement') is made and entered into
this day of r2(or,,car.-, , 201(, between the CITY OF MIAMI BEACH, a municipal
corporation of the State of 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 State Road (S.R.)
A l AlHarding Avenue /Abbott Avenue corridor within the corporate limits of the CITY; and
WHEREAS, the CITY has requested the DEPARTMENT to install or cause to be installed
stamped asphalt crosswalks to various intersections along S.R. A1A/Harding Avenue /Abbott Avenue
from Indian Creek Drive to south of 75 Street; and
WHEREAS, the DEPARTMENT has agreed to install or cause to be installed stamped
asphalt crosswalks to various intersections along S.R. AlA/Harding Avenue /Abbott Avenue from
Indian Creek Drive to south of 75 Street, subject to the terms and conditions detailed in this
Agreement; and
WHEREAS, the CITY shall fund the increased costs, under Financial Project Number
419860- 1- 52 -02, associated with the installation , of the stamped asphalt crosswalks on S.R.
A 1 A/Harding Avenue /Abbott Avenue, from Indian Creek Drive to south of 75 Street, 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, and authorize its officers to do so.
Pagel of 12
Locally Funded Agreement between the City of Miami Beach
and the Florida Department of Transportation, Financial Project Number 419860- 1 -52 -02
4
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
ONE HUNDRED TEN THOUSAND SEVEN HUNDRED TWENTY ONE
DOLLARS AND SIXTY CENTS ($110,721.60), 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.
(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.
Page 2 of 12
Locally Funded between the City of Miami Beach
_ _. _ _ _... _ _. _ .._.._ ..._ ....__. the Florida Department of ' ransportation, .Financial.Project_Number_.41_ 860 - 1 -02_ .. _ _ _ _ .__ _ __ . _ _ .._ _ _ _.
3. Financial Provisions.
(a) The CITY agrees that it will, no later than fourteen (14) calendar days after the
DEPARTMENT's execution of this Agreement, furnish the DEPARTMENT an
advance deposit in the amount of ONE HUNDRED TEN THOUSAND SEVEN
HUNDRED TWENTY ONE DOLLARS AND SIXTY CENTS ($110,721.60) for full
payment of the estimated PROJECT cost for Locally Funded Project Number 419860-
1- 52 -02. The advance deposit shall be the total estimated PROJECT cost plus
allowances (ten percent (10 %) contingency, TEN THOUSAND SIXTY FIVE
DOLLARS AND SIXTY CENTS, $10,065.60). 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
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
may be incurred due to a delay of the PROJECT.
Page 3of12
Locally Funded Agreement between the City of Miami Beach
- - - - - - -and the Florida-Department ofTransportation,- Financial- ProjectNumber 419860- 1 -52 -02 - -- - - - - -.- - - ...- — - —
(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, Florida Statutes (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
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
Page 4 of 12
Locally Funded Agreement between the City of Miami Beach
and the Florida Department of Transportation Financial _Projectfiumber_419860- 152 -02 _ - . __. _ _ ._ __ - _. __ _. -
i
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.
(f) 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.
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
Page 5 of 12
Locally Funded Agreement between the City of Miami Beach
_ _ _ _ _ _ _ _. _ _ . _ .. _ _ _ _. and . theF_ Iorida. D.epar_tment_of_Transportation, F_.inanciaLP_roject.Number 419860 -1- 5242._ _ _ __ _ _ _._ .___ _ _ _ — - -
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:
(a) If to the CITY: City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Attention: Fernando Vazquez, P.E., City Engineer
Page 6of12
Locally Funded Agreement between the City of Miami Beach
_. _ _ ._ _ _ _ ._ ____ and the Florida Department of Transportation,, Financial Project Number 4198604-52 7 02 _ _ ____ _ _ _ _ _ _ _ _ _ _
V
(b) If to the Department: Florida Department of Transportation
1000 NW 111 Avenue, Room 6202B
Miami, Florida 33172
Attention: Michelle L. Meaux, JPA Coordinator
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.
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.
Page 7of12
Locally Funded Agreement between the City of Miami Beach
�___ and.the Florida .D_epartmentof_Transportati.on. ,1E'inazicialBr..oject blumber_.41.9.860r1_S2_02
•
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. This 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.
Page8ofl2
Locally Funded Agreement between the City of Miami Beach
and the Florida Department of Transportation, Financial Project Number 41986Q_,L52;02
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on
the day and year first above written, the 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 O , RANSPORTATION:
BY•Ale // BY: ►
CITY 'FOR DIST, _ T . ECRETARY
ATTEST: ATTEST: A O"%e
(SEAL) CITY CLERK (SEAL) EXECUE SECRET
LEGAL REVIEW:
C_..LA � C rw.- irf
CITY ATTORNE ` DISTRICT CHIEF COUNSEL
APPROVED AS TO
FORM & LANGUAGE APPROVED AS TO
& FOR EXECUTION FORM & LANGUAGE
. t FOR EXECUTION
k., (v.
ity tt r Y �f Al Z i° 11
/PP it A orney Da e
Page 9 of 12
Locally Funded Agreement between the City of Miami Beach
and_the Elorida..D.epartment_of_Tr ansportation. ,-EinanciaLPxoject- umber_419860.1-
•
•
EXHIBIT `A'
SCOPE OF SERVICES
•
The PROJECT work consists of constructing pedestrian improvements consisting of stamped asphalt
crosswalks installations at various intersections along S.R. A1A/Harding Avenue /Abbott Avenue
from Indian Creek Drive to south of 75 Street in the CITY.
The DEPARTMENT will be installing stamped asphalt crosswalks at the following intersections:
Abbott Avenue:
- 69 Street (west, east and north legs)
- 72 Street (all four legs)
Hardin Avenue:
- 73 Street (all four legs)
- 74 Street (all four legs)
PROJECT LIMITS: S.R. A1A/Harding Avenue /Abbott Avenue from Indian Creek Drive to
south of 75 Street
DEPARTMENT Financial Project Number: 419860 1 - 52 - 02
COUNTY: Miami -Dade
DEPARTMENT Project Manager: Ana Arvelo, P.E. 305- 470 -5210
CITY Project Manager: Fernando Vazquez, P.E., City Engineer 786 - 367 -8968
• Page 10 of 12
Locally Funded Agreement between the City of Miami Beach
and the Floridaliepartment ofaaisportation— Einciztzt�rtal2r _ojectlltumber�l9.&6D_L-52.02
EXHIBIT `B'
FINANCIAL SUMMARY
The DEPARTMENT's Work Program allocates the following funding, programmed under Financial
Project Number 419860- 1- 52 -02, for PROJECT completion:
• Fiscal Year: Amount: Fund Tyne:
2011/2012 $110,721.60 Local Funds (LF)
CITY OF MIAMI BEACH FINANCIAL RESPONSIBILITY: $ 110,721.60
Incorporated herein by reference is Exhibit "B 1 ", cost estimate.
Page 11 of 12
Locally Funded Agreement between the City of Miami Beach
and the Florida Department of Transportation, Financial Protect Number 419860- 1 -52 -02
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EXHIBBIT `C'
CITY OF MIAMI BEACH RESOLUTION
To be attached hereto and incorporated herein once ratified by the CITY Commission.
•
•
Page 12of12
Locally Funded Agreement between the City of Miami Beach
and the Florida Department of Transportation, Financial Project Number 419860- 1 -52 -02
Attachment 3
FLORIDA DEPARTMENT OF TRANSPORTATION
SPECIALTY SURFACE CROSSWALKS
• MAINTENANCE MEMORANDUM OF AGREEMENT
WITH
CITY OF MIAMI BEACH
This AGREEMENT, entered into this 1, day of 1
2041, by and between the FLORIDA DEPARTMENT OF TRANSPORTATIO , a
component 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.
RECITALS:
WHEREAS, the DEPARTMENT has jurisdiction over State Road
(S.R.) A1A /Harding Avenue /Abbott Avenue from Indian Creek Drive
(M. P. 2.463) to south of 75 Street (M. P. 1.915) , within the limits
of the CITY, as part of the State of Florida Highway System; and
WHEREAS, the DEPARTMENT is installing specialty surface
(stamped asphalt) crosswalks on S.R. A1A /Harding Avenue /Abbott
Avenue from Indian Creek Drive to south of 75 Street, in
accordance with DEPARTMENT Contract # T -6235 the limits 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 aesthetics 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 .2011- 11 , dated
Fcbau4,9 q , 2 01I , attached hereto as Exhibit "B", which by reference
hereto 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
Specialty Surface Crosswalks
Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach
Page 1 of 9
•
as follows:
1. DEPARTMENT RESPONSIBILITIES
1.1.Assignment
The DEPARTMENT and the CITY agree that, by executing this
AGREEMENT, all maintenance responsibilities pertaining to
the specialty surface crosswalks installed by DEPARTMENT
within the PROJECT LIMITS, pursuant to this AGREEMENT,
will be assigned to the CITY in perpetuity.
2. CITY'S MAINTENANCE RESPONSIBILITIES
The CITY shall be solely responsible for the maintenance and
preservation of the specialty surface crosswalks within the
PROJECT LIMITS.
2.1. Maintain and make repairs to the crosswalk specialty
surfaces to prevent safety hazards for those using or
intending to use the pedestrian crossings.
2.2. On an annual basis, the area of each crosswalk 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 deficient
areas shall be removed to their full extent (lane -by-
lane) and replaced with the same product installed
initially. If more than fifty percent (50U 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 annual condition surveys of the
specialty surfaces for rutting, raveling, pot holes,
delamination and cracking for the life of the adjacent
pavement.
Specialty Surface Crosswalks
Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach
Page 2 of 9
a) Unless the pavement adjacent to the crosswalk is
also deficient in rutting, rutting depth of the
stamped asphalt 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.
b) Unless the pavement in the intersection is showing
uniform raveling deficiencies, raveling, potholes
or delamination of the pavement shall not exceed
0.25 inches in depth or more than 25 square inches
in area. Remedial work shall include the patching
of the stamped asphalt in accordance with the
manufacturer's instructions.
c) Unless pavement adjacent in the intersection is
deficient in cracking criteria, cracking width of
the stamped asphalt shall not exceed 1/8 inches for
more than 10' in any lane of the crosswalk.
Remedial work shall include as a minimum, the full
depth removal of the specialty surface along the
complete length of the crack(s) and for the width
recommended by the manufacturer.
2.4. The results of all friction tests and condition surveys
shall 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 required in accordance with the
above requirements, the CITY at its own expense shall
complete all necessary repairs within ninety (90) days
of the date the deficiency is identified.
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 surfaces on crosswalks periodically
Specialty Surface Crosswalks
Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach
Page 3 of 9
J
to keep them free of debris and to maintain an
aesthetically pleasing condition. A light pressure
washing may be necessary for heavy stain removal or
cleaning.
2.8. For any routine repairs or replacement due to
noticeable color scarring or surface deterioration of
the specialty surfaces, the product authorized
installer should be contacted.
3. AMENDMENTS
This AGREEMENT may be amended in writing if mutually agreed to
by both parties.
4. MAINTENANCE DEFICIENCIES
If, at any time while the terms of this AGREEMENT are in
effect, it shall come to the attention of the DEPARTMENT'S
DISTRICT 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
DISTRICT MAINTENANCE ENGINEER may, at 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 the 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.Maintain 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. •
4.2. The DEPARTMENT reserves the right to replace the
specialty surface with conventional pavement and bill the
CITY for this cost.
• 5. NOTICES
All notices, requests, demands, consents, approvals, and other
Specialty Surface Crosswalks
Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach
Page 4 of 9
communication which are required to served or given
hereunder, shall be in writing and shall be sent by registered
• mail or 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
Attention: District Maintenance Engineer
To the CITY: City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
Attention: City Manager
6. SPECIALTY SURFACE CROSSWALKS INSTALLATION
6.1.It is understood between the parties hereto that the
specialty' surface crosswalks covered by this AGREEMENT
may be removed 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. All 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 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.
Specialty Surface Crosswalks
Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach
Page 5 of 9
7.2. Only if mutually agreed to by both parties with a six (6)
month written notice.
.8. TERMS
8.1.The term of this AGREEMENT shall only commence upon
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
termination as set forth in Section 7.
8.2.This writing embodies the entire AGREEMENT and
understanding between the parties hereto and there are
not other agreements and understanding, oral or written,
with reference to the subject matter hereof that are not
merged herein.
•
8.3.This 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 executed the day and year first above written.
CITY OF MIAMI BEACH: STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION:
BY: imam. Aggii1W BY: j �1
Ida 'ge ' District Secretary
ATTEST: (14 ATTEST: /!
City Clerk Exe ut i.ve Se 9 'roltary
APPROVED AS TO • APPROVED AS TO
FORM & LANGUAGE Specialty Surface Crosswalks FORM & LANGUAGE
& FOR EO j1 ftrandum of Agreement between Florida Department of Transportation and Cit re CUTI
Page 6 of 9
. Z JQ i
ty • '
one - i�' '.'"bate .
_ - . ... • .. _ .. . _ .. ,�,,, " �'" C WAttorne ... D to
LEGAL REVIEW:
BY: BY: ' # , ► (1))
,
City Attorney District Chief Couns t
•
EXHIBIT "A"
PROJECT LIMITS
Below are the limits of the specialty surface crosswalks to be
maintained under this AGREEMENT.
State Road Number: A1A /Harding Avenue /Abbott Avenue
Agreement Limits: From Indian Creek Drive (M.P. 2.463) to south of
75 Street (M.P. 1.915)
County: Miami -Dade
Below are the intersections of the specialty surface crosswalks:
Abbott Avenue:
• 69 Street (west, east and north legs of intersection)
• 72 Street (all four legs)
Harding Avenue:.,
• 73 Street (all four legs)
• 74 Street (all four legs)
Specialty Surface Crosswalks
Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach
Page 7 of 9
•
Table 1: Friction Number Conversions for Test Speeds Other Than
40 mph
30 mph Test To Convert to 50 mph Test To Convert to
Speed 40 mph Speed 40 mph
FN Results Results FN Results Results
<29 Subtract 1 <26 Add 1
29 to 47 Subtract 2 26 to 42 Add 2
48 to 67 Subtract 3 43 to 60 Add 3
•
•
Specialty Surface Crosswalks
Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach
Page 8 of 9
q
•
EXHIBIT "B"
•
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 9 of 9
Attachment 4
•
MEMORANDUM OF AGREEMENT.. •
THIS AGREEMENT, REEMENT , made and entered into this , C iro, day of /ilR_cN , 20 11,
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: 419860- 1 -52 -02
County: Miami -Dade County
hereinafter referred to as the "Project'F.
WHEREAS, FDOT and the Participant entered Into a Locally Funded
Agreement dated Veb*%Aa 25 wherein DOT agreed to perform certain work
on behalf of the Participant in onjunction 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 :$ (One Hundred Ten
Thousand Seven Hundred Twenty One Dollars and Sixty Cents) 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 all
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.
d pable• to•� Pepartment of financial
3. All deposits shall be. m a e ya •• •
Services. Revenue Processin and llek ko the:FD T &rice of Comptroller for
appropriate processing at the foliovA ig address: •
••• ••• • •
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Florida Department of Transportation
a OOC -GOA, LFA Section
605 Suwannee Street, MS •42B
Tallahassee, Florida 32399
4. y 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 otherwi 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.
6. The Department of Financial Services agrees to provide written
confirmation of receipt of funds to the FDDT.
7.. The Department of :Financial Services further agrees to provide periodic
- • I .. : - tothe FDOT. •
1 i t '
r A k
ST ' e FLORIDA I • STATE OF FLORI 7-6‘"
DEPARTMENT OF TRANSPORTATION DEPARTMENT OF FINANCIAL SERVICES
COMPTROLLER DIVISION OF
Nil :« 'ANT S- G —
Jorge M. Gonzalez, City Manager � �
PARTICIPANT NAME & TITLE
1700 Convention Center Drive
Miami Beach, Florida 33139 I
PARTICIPANT ADDRESS
59- 6000375
APPROVED AS TO FEDERAL EMPLOYER I.D. NUMBER
FORM & LANGUAGE
& FIR EXECUTION
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