Agreements w/ FDOT - AW
Florida Department of Transportation
RICK SCOTT 1000 NW 111 Avenue ANANTH PRASAD, P.E.
GOVERNOR SECRETARY
.Miami, FL 33172
May 25, 2.012
Mr. Richard Saltrick, P.E. _
Public Works Department
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Re Locally Funded Agreement Execution & Payment Notice
Project #s 249911- 1 -52 -02 and 249911- 3 -52 -02
Dear Mr. Saltrick,
In accordance with the executed Agreement, the City will no later than October.7,
2.012 furnish to the Department, for deposit, the amount of ONE HUNDRED TWENTY
FIVE THOUSAND DOLLARS ($125,000.00). Payment shall be made by one of two
methods: 1) by check; with Financial Project Nos. 249911- 1 -52 -02 and 249911- 3 -52 -02
clearly visible on the face of the 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 Instructions'. (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 - 5112, if you require further assistance.
. " Sincerely,
Miche Loren Meaux
Joint Participation;Agreement Coordinator
enc: One (1) Original Agreement; Wire- Instructions
cc: Jose Gonzalez, CITY; Lilia Cardillo, CIT_Y;`Daniel Iglesias, FDOT; File
www.dot.state.fl.us
Florida Department of'Transportation
j 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 Services
c/o Bank of America_
315 S. Calhoun Street
Post Office Box 5257
Tallahassee, FL 32301
Bank Phone: (850) 561 -1799
WIRING INSTRUCTIONS ACH' INSTRUCTIONS
Bank of America Bank of America -
Account # 001009068974 Account # 0010090
ABA 4 026009593. ABA # 063100277
Chief Financial Officer of Florida. Chief Financial Officer of Florida ,
Re: DOT — K 11 -78, Financial Project # 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 is complete, please. contact Donna Lockhart at 850-414-4886-or
'Charrnaine Small at 850 -414 -4885 with the following information:
` • Financial Project Number 21 rl i I _ l - 5 2 b j 9 �� l _
Dollar amount of transfer Z-
•, Name of Participant'
It is critical that the above inforrnatio'n be provided to the LFA accountants to properly
process the deposit.
Attachment A
e
LOCALLY FUNDED AGREEMENT
THIS LOCALLY FUN AGREEMENT (hereinafter `Agreement') is made and entered into
this o day of J' " 20� Z,_ between the CITY OF MIAMI BEACH, a municipal
corporation of- the State -of lorida 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.) .
G 907 /Alton Road corridor within the corporate limits of the CITY; and
WHEREAS, the CITY has requested the DEPARTMENT to install or cause to be installed
an irrigation s ystem and all associated elements along" S .R. 907 /Alton Road f rom 5 Street to
:Michigan Avenue; and
WHEREAS, the DEPARTMENT has agreed to install or cause be installed an irrigation
system, and all associated elements along S.R. 907 /Alton Road from 5 Street to Michigan Avenue;
subj ect to the terms and conditions detailed in this Agreement; and
WHEREAS; the CITY shall fund the increased costs, under financial project numbers
249911 1 - 52 =02 and 249911- 3- 52 -02, associated with the installation of the.,
irrigation system and
associated. elements on S.R. 907 /Alton Road, from 5 Street 'to Michigan. 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, '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 Numbers 249911- 1 -52 -02 and 249911-3-52-02
i
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 CITY shall:
is utilize the U.S. Department of Homeland Security'y E- Verify system to
verify the employment eligibility of all new employees.hired by the CITY
during the term of the Agreement; and
ii.. ex pressly 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 Agreement. term.
(c) 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.
- Page 2 of 12
Locally Funded Agreement between the City of Miami Beach
and the Florida Department of Transportation, Financial Project Numbers 249911- 1 -52 -02 and 249911- 3 -52 -02
(d) The CITY will provide funding to the DEPARTMENT, in the aggregate amount of
ONE HUNDRED TWENTY-FIVE THOUSAND DOLLARS ($125,000.00), 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.
(e) The DEPARTMENT Contractor will not commence work on the PROJECT until
CITY funding for the PROJECT is on deposit with the DEPARTMENT.
(f) 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 a grees that it will; no later than the 7 of October 2012, furnish the
DEPARTMENT an advance' deposit.in the amount of ONE HUNDRED TWENTY
FIVE THOUSAND DOLLARS ($125,000.00) for full payment of the estimated
- PROJECT cost for Locally Funded project numbers 249911- 1 -52 -02 and 249911-3 -
52 -02. 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 of the accepted bid,
whichever is earlier, so that the total deposit is equal to ahe bid amount. plus
allowances. The DEPARTMENT will notify the CITY as soon as it becomes apparent
Page 3 of 12
Locally Funded Agreement between the City of Miami Beach
and the Florida Department of Transportation, Financial Project Numbers 249911- 1 -52 -02 and 249911- 3 -52 -02
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 dbe 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 relieve the CITY from its obligation to pay 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 interest charge at a rate established pursuant to
Section 55.03, Florida Statutes (F.S.).
Page 4 of 12
Locally Funded Agreement between the City of Miami.Beach "
and the Florida Department of Transportation,'Financial Project Numbers 249911 - 1 -52-02 and 24991I- 3 -52 -02
(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 Hof 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.
(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: .
Page 5 of 12
Locally Funded Agreement between the City of Miami Beach "
and the Florida Department of Transportation, Financial Project Numbers 249911- 1 -52 -02 and 249911- 3 -52 -02
(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
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 (l ") 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.
Page 6 of 12.
Locally Funded Agreement between the City of Miami Beach
and the Florida Department of Transportation, Financial Project Numbers 249911- 1 -52 -02 and 249911- 3 -52 -02
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: Richard Saltrick, P.E.
(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:
Page 7 of 12
Locally Funded Agreement between the City of Miami Beach
and the Florida Department of Transportation, Financial Project' Numbers 249911- 1 -52 -02 and 249911- 3 -52 -02
11`. Captions.. The captions contained in this Agreement are inserted only as a- matter of
convemence..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.
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:
Page 8 of 12
Locally Funded Agreement between the City of Miami Beach
and the Florida Department of Transportation, Financial Pro1'ect Numbers 249911- 1 -52 -02 and 249911- 3 -52 -02 .
IN WITNESS WHEREOF the parties hereto have made and executed this. Agreement on
the day and year first above written, the CITY, signing by and through its,CITY Manager, 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 FLORID
DEPARTMENT OF,TRANSPORTATION:
BY: BY
TY MAW IJISTRICT SECRETARY
ATTEST: ATTEST:
(SEAL) C Y CLERK (SEAL) EXECUTIVE 9ECRETA
LEGAL REVIEW:
CITY ATTORNEY DISTRICT CHIEF COUN L
APPROVED AS TO
FORM &LANGUAGE
& FO EXECUTION
i Attom Date
Page 9 of 1'2
Locally Funded•Agreement between the of Miami Beach
-and the Florida Department of Transportation, Financial Project Numbers 249911- 1 -52 -02 and 249911- 3 -52 -02 `
EXHIBIT `A'
SCOPE OF SERVICES
The PROJECT work consists of constructing an irrigation system and all associated elements. - This
shall include water taps, water - meters, conduit /sleeving and backflow preventers; additionally' it will
include backflow preventers and lateral lines, spray heads and emitters. In addition to materials and
installation, the CITY is responsible for the impact fees and water costs during construction, warranty
period and beyond for irrigation within the. CITY's right -of -way.
The PROJECT is further defined in Attachment "A1 ",.PROJECT plans (incorporated herein by
reference).
Irri atg ion System Locations:
• From 5t Street 10 Street (MP. 0.028 to MP 0.402)
• From 10` Street to 14 Street (MP. 0.474. to MP 0.721) .
• From 14 Street to Michigan Ave. (MP. 0.784 to MP 1.539)
• At 5 th Street (MP. 0.000 to MP. 0.063)
_.: AtIot Street (MP. 0.388 to MP 0.488)
• At-14 th Street (MP..0.702 to MP. 0.800)
PROJECT LIMITS: S '.R. 907 /Alton Road from 5 th Street to Michigan Avenue .
DEPARTMENT Financial Project Number:249911- 1 -52 -02 and 249911- 3 -52 -02
COUNTY: Miami -Dade
DEPARTMENT Project Manager: Daniel Iglesias, P.E. 305- 470 - .5266
CITY Project Manager: Richard Saltrick, P.E. 305 -673 -7080 Ext. 6565
Page 10 of 12
' Locally Funded Agreement between the City of Miami Beach
and the Florida Department of Transportation, Financial "Project Numbers 249911.- 1 -52 -02 and 249911- 3 -52 -02
EXHIBIT. T'
FINANCIAL SUMMARY
-The DEPARTMENT'S. Work Program allocates the following funding, programmed under Financial ,
Project Numbers 249911- 1 -52 -02 and 249911- 3- 52 -02, for`PROJECT completion:
Fiscal Year: Amount: Fund Type:
249911- 1 -52 -02
2012/2013 $119,980.00 Local Funds (LF)
249911 -3- 52=02
2012/2013 $5,020.00 LF
CITY'OF MIAMI BEACH FINANCIAL RESPONSIBILITY: $ 125 000.00 .
Page 11 of 12
Locally Funded Agreement between the City of Miami Beach
_ and the Florida Department of Transportation, Financial Project Numbers 249911- 1 -52 -02 and 249911- 3 -52 -02
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 Funded Agreement between the City of Miami Beach
and the Florida Department of Transportation, Financial Project Numbers 24991-1- 1 -52 -02 and 249911- 3 -52 -02
MEMORANDUM OF AGREEMENT'..
THIS AGREEMENT, made and entered -into this day of , 20 ;-
by. and between the State' of Florida, Department of Transportation', h i einafter referred
to. as'""FDOT" and the State of Florida, Department ofi Financial Services, Division of
Treasury, hereinafter referred to as "TREASURY" and City of Miami Beach hereinafter
referred to as the "PARTICIPANT ".
WITNESSETH ;
WHEREAS, FDOT is currently constructing the followin -g project
Main Financial Project No.: ,2.49911 -Ji -52 -0.2 and. 2499
County: Miami -Dade
hereinafter referred to as the "PROJEC F ".
WHEREAS, FDOT ` and the 'PARTICIPANT entered into a. Locally Fursdzd.
A gr
reement (LFA) dated 24 , . 20l?, wherein FDOT agreed to perform
certain work on behalf of the PART CIPANT in conjunction with the PROJECT.
` WHEREAS, the parties to _this AGREEMENT mutually agreed that it would be in
the best interest of 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 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 Twenty; Five. Thousand
Dollars ($125,000.00) will be' made by the PARTICIPANT into an interest
bearing escrow account established by FDOT. for the' purposes of the
PROJECT. Said escrow_ account will be opened with the TREASURY on behalf
of 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 increases "or the cost of additional work prior to the execution of any
Supplemental Agreements or Amendments.
3. Payment will be made as ,follows (check, appropriate payment.method).
Wire transfer
ACH deposit
o
Check
A wire transfer or ACH deposit is the preferred method of payment and
should be used whenever possible. Following is the. wiring and ACH
deposit instructions:
For, wire transfers;: Bank of America
` Account #.001009068974
ABA # 026009593
s Chief Financial Officer of Florida
Re: DOT - K 11. 78, Financial Project #.
For ACH deposits; Bank of America'
Account # 001009068974 .
ABA # 063100277 .
Chief .Financial Officer of Florida
Re DOT — K 11 -78, Financial Project #
w If check is the method.of y a ment, the check shall be made payable.to
p
.the Department of Financial �Services, "Revenue Processing and mailed 'to
FDOT,.000 -GAO for,appropriate processing at the following address:
'Florida Department of-Transportation
OOC -GAO, LFA Section
605 Suwannee Street, 'MS 42B
Tallahassee; Florida 32399
4. FDOT's Comptroller or designee shall be'the sole signatories on the escrow
account with the TREASURY and shall have sole authority to authorize
withdrawals from said.account.
5. Unless instructed otherwise by the FDOT, 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 TREASURY agrees to provide written confirmation of 'receipt of. funds to .
FDOT.
7.° .The TREASURY further. a,grees to, provide periodic reports to FDOT.
. ✓ w 28 ZD /z- .
STATE OF FLORIDA - . ATE OF FL RIDA
DEPARTMENT OF TRANSPORTA. ON DEPARTMENT OF FINANCIAL SERVICES
COMPTROLLER_ DIVISION OF TREASURY:.
P. IG ANT. A'TURE
Jorge Gonzalez, Ci
PARTICIPANT NAME & TITLE
1700 Convention Center DryQ
PARTICIPANT ADDRESS
M am - ,Beach, EL 33139`
; S -59- 6000 -372
iwcoRP- oRaTE�.* FEDERAL EMPLOYER I.D. (NUMBER
l ATTEST f
Florida Department of ,Transportation
RICK SCOTT 1000 NW 1 1 1 Avenue ANANTH PRASAD, P.E. .
GOVERNOR SECRETARY
Miami, FL 33172
June 1, 2012
Mr. Jose Gonzalez, P.E.
Transportation Manager
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Re: Maintenance Memorandum of Agreement Notice of Execution .
S.R. 907 /Alton Road from 5t Street to Michigan Avenue
Dear Mr. Gonzalez,
Enclosed for the City of Miami Beach's records is one (1) original fully executed
Agreement for the aforementioned area. The Agreement was executed by the Florida
Department of Transportation (Department) on Wednesday, May 30, 2012.
Thank you on behalf of the Department for your assistance in expediting the
execution of the Agreement. If you have questions or concerns, please feel free to
contact me at 305- 470 -5112.
Sincerely,
Michelle Loren Meaux
Joint Participation Agreement Coordinator
cc: Daniel Iglesias; Rudy Garcia; Brian K. Jimmerson; Alex Perez; File
www.dot.state.fl.us
r
o �
_ Attachment C
m
FLORIDA DEPARTMENT OF TRANSPORTATION
LANDSCAPE, IRRIGATION AND BONDED AGGREGATE PAVING
MAINTENANCE MEMORANDUM OF AGREEMENT
WITH THE
_ CITY OF MIAMI BEACH
This AGREEMENT, entered into on, �� ,. 20by and
,between the STATE OF- FLORIDA 'DEPARTMENT TRANSPORTATION, an
agency of the State of Florida, he inafter 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.)
907. /Alton Road from 5rr, Street (MP 0.000). to. Michigan,
Avenue. (MP 1:539), which is located within the limits of
the CITY.; and
B. The DEPARTMENT, pursuant to Contract # T- 62.90',' has drafted
design plans for beautification improvements on -S.R.
907 /Alton Road from- 5 Street to Michigan Avenue, 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 will install landscaping, irrigation systems
and bonded aggregate paving`.in accordance, with, the design
plans for Contract# T- 6290(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 landscaping; irrigation systems and
bonded aggregate paving installed pursuant to the Project;
and
E. The CITY, by Resolution No. 2 ( )1.Z- 2�gA� dated a �'( OI Z,
attached. hereto 'as Exhibit `B', which by ref erence".shall
become a part of this AGREEMENT,, desires to enter into this
AGREEMENT.and authorizes its officers to do - so.
Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach
Page 1 of l3
NOW, THEREFORE, for and' in consideration of the mutual
benefits: contained herein and other good and - valuable
.consideration, parties covenant and agree as follows:
1. RECITALS
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 by executing this .AGREEMENT.
maintenance responsibilities pertaining to the landscaping
and irrigation systems 'within the PROJECT LIMITS are
assigned to the ,CITY. in perpetuity upon the 'DEPARTMENT'S
release of its contractor from further warranty work and
responsibility, as set ..forth in Section 580 -5 of the
Departments Standard. Specification, for Road and Bridge
Construction_. ; Additionally ; . the PARTIES agree that all
maintenance responsibilities pertaining. to the bonded
aggregate paving shall be assigned to the CITY- in
perpetuity upon the DEPARTMENT'S issuance of the' Notice of
Final Acceptance of the Project to its contractor,.
3. CITY'S MAINTENANCE RESPONSIBILITIES
The CITY'shall maintain the landscaping,.,irrigation systems
and bonded aggregate paving,,hereinafter may also be called
"Roadway Features ", 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. Additionally, the CITY shall maintain. the
landscaping,, irrigation systems and bonded aggregate paving
in accordance with the International Society of
Arboriculture standards, guidelines,_and procedures, as may
-be amended from time to time, and in accordance with the
standards set forth in the Project Plans,, and in the
Project Specifications and ,Special Provisions: The CITY'S
maintenance obligations shall include but, not be limited.
to
Maintenance Memorandurri of Agreement. between Florida Department,of Transportation and City of Miami Beach
Page 2 of 13
a. Mowing, cutting and /or trimming and edging the grass
and turf
b_ Pruning all .plant materials, which include trees,
shrubs and ground covers, and parts thereof.
c Removing and properly disposing of dead, diseased or.
otherwise deteriorated plants in their,.. entirety., and
replacing those that 'fall below the standards, set
forth in the Project Plans and in the Project
Specifications, incorporated herein by reference, and
all applicable Department- 'guidelines, standards, and
procedures; as may, be amended from tune to time. All
replacement materials shall be in accordance with the
.Project Plans and the Project Specifications and
Special Provisions.
d. Mulching all plant beds and tree rings..
e. Removing and 'disposing.of all undesirable vegetation
"including but not .limited to weeding of plant beds and
removal of invasive.exotic'plant materials:
f.'Watering and fertilizing all plants as needed to
maintain. the plant materials in'a'healthy and vigorous
growing condition.
g. Performing routine and regular. inspection of the
irrigation system(s) to assure that the systems are
fully functional;, identifying damage, and /or,
malfunctions to the system repairing and /or
replacing broken or missing irrigation equipment; and '.
adjusting spray heads to eliminate overspray of water
onto ,paved. areas
h. Paying all -for water use and all costs associated
therewith.
i.Performing routine and, regular inspections of the
" bonded aggregate paving- to that the paving is
fully , functional;- identifying damage and /or
malfunctions in the paving; and repairing and /or
Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach
Page 3 of 13
replacing damaged bonded aggregate paving to ensure
paving is maintained in accordance with all applicable
Department guidelines, standards, and''all applicable
Americans with Disabi.lities'Act (ADA) requirements, as
amended from time to ;time. For any routine repairs or
replacement due to' rioticeable scarring or surface
deterioration of the bonded aggregate. pavement, the
product authorized installer should be_ contacted.
j. Removing and disposing of litter from roadside and
median 'strips in. ( accordance .w"th all applicable
government. rules, regulations, policies, procedures,
guidelines, 'and manuals, as amended from time to time:
k. Removing and disposing - of all trimmings, roots,
branches, litter,'and any other debris resulting from
the activities described by,2.A through 2.J.',
1. Maintaining a service log of all maintenance
operations .that sets.forth the date of the maintenance
activity, the location that was maintained, and the
work ,that was performed.
m. Submitting Lane _Closure Requests to the DEPARTMENT
when maintenance activities will require the closure'
of a traffic lane in. the DEPARTMENT'S right -of -way.
Lane closure requests shall be' submit.ted_through the
District Six Lane Closure, Information System, to the
DEPARTMENT'S area Permit Manager and "in accordance
with the District Six Lane Closure Policy, as may be
amended from time to-time.
The DEPARTMENT may, at its sole discretion, perform
periodic inspection of the Roadway Features 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 find'ings.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.
Maintenance Memorandum of Agreement between Florida Department of Transportation and.City of Miami Beach ;
Page 4 of 1,3
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 landscaping,. irrigation systems and
bonded aggregate paving, 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 landscaping, irrigation systems and
bonded aggregate paving 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 11.1 Avenue, Room 6205
Miami, Florida "33172 -5800,
Attn: District Maintenance.Engineer
To the CITY: City, of Miami Beach
Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach
Page 5 of 13
1700 Convention Center 'Drive
Miami, Florida, 33139
Attention:,City Manager
Notices shall be deemed to have been received by'the end of
five (5). business days from the proper sending thereof
r unless proof of prior . actual receipt is provided.
6.. REMOVAL, RELOCATION OR ADJUSTMENT OF' THE LANDSCAPE,
IRRIGATION SYSTEMS AND BONDED AGGREGATE PAVING
a. The PARTIES agree -that the Roadway. Features 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 landscaping,
irrigation systems and bonded - ' paving, the
CITY'S maintenance responsibilities will survive the
relocation or adjustment,. as long as the materials
remain within the PROJECT 'LIMITS.
7. TERMINATION
This AGREEMENT is subject to termination under any - one of
the `;following conditions:
b. By the DEPARTMENT, if the CITY fails, to, perform its
duties under Section 3, of this AGREEMENT, following
the thirty (30) days written not'ice.; as.•specified in
Section 4 of this AGREEMENT. - .
c. In accordance with ,� Section 287.058(1) (c) , Florida
Statutes, the DEPARTMENT shall. reserve the right to
unilaterally cancel this AGREEMENT if the CITY
to allow public access to an 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..
d. 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
Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach
Page 6 of 13
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. For purposes of performing its duties: under 'this
AGREEMENT, the CITY shall insert the following, clause
into any contracts entered into by the CITY, with
vendors or contractors:"
Vendors /Contractors:,
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 AGREEMENT; and
ii. Shall expressly. require 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 of all new employees; hired by the
subcontractors during the AGREEMENT term.
c. This :writing embodies the entire agreement and
understanding between the PARTIES hereto and there are
no other agreements and understanding, oral or
written, with reference to the subject matter hereof
'that are not merged herein and.superseded hereby.
d. This ..AGREEMENT shall not, be transferred or assigned,
in whole 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
Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach
Page 7of13
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,jurisdictiori in
Leon County, Florida
g. A. modification or waiver of any of the provisions of
this AGREEMENT shall be effective only i,f made in
writing and. executed with the same formality as thi's
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 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 768.2,8 Florida Statutes, as may be
amended from time to time, .the CITY shall promptly
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, attorneys 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 it's
responsibilities as set out in this AGREEMENT, including
but not limited to., any act, action, neglect or. omission by
Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach
Page 8 0f 13
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 .. fee's 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'p,rformance of
this by.the CITY.
Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach
Page 9 of 13
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
CI
VZ Mayor District Direct r of
Opera Transportation Op
. ? rf;.
ATTEST: ( SEAL) ATTEST :
C TY Clerk Executi S'cc'retar f
y ,fl
LEGAL REVIEW:
• 6 .
Z
-BY:
- 3
orne � C ��C
' � � District . Chie Counsel '..
'. .'
,_. Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach
Page 10 of 13
EXHIBIT `A'
PROJECT LIMITS
Below are the limits of' the landscape, irrigation and• bonded
aggregate :paving to be maintained under this AGREEMENT.
State Road Number: 907 /Alton Road
Agreement Limits: From 5 th Street (M.P. 0.000) to
Michigan Avenue (M.P. 1 1 .539)
County: Miami -Dade
Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach
Page 11 of 13
Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach
Page 12 of 13
EXHIBIT `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 1'3 of 13.
At LaC.h ?ie_nt D
FM 249911- 3 -52 -01
Page 1 of 10
MEMORANDUM OF- AGREEMENT
REGARDING
OFF- SYSTEM CONSTRUCTION AND MAINTENANCE OF IMPROVEMENTS
Between
STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION
( "DEPARTMENT ")
and
CITY OF MIAMI BEACH, a municipal corporation of the State of Florida
"CITY")
This Agreement is made and entered into as of , '2012, by and
through THE STATE OF FLORIDA DEPARTMENT OF TRAN ORTATION, an agency of the•
State of Florida (the "Department "), and CITY OF MIAMI BEACH; a municipal corporation of the
State of Florida (the "City "), collectively referred to as the "Parties.
RECITALS
'A. The State of Florida Legislature has.. approved the Department's Work Program and
mandated the Department to complete the various projects included in the Department's Work
Program; and
B. Included in the Department Work Program is Project Number FM 249911- 3 -52 -01 on
S.R. 907 /Alton Road, which includes work along 10 Street and 14th Street, roads not on the State
Highway System located in Miami -Dade County, Florida, and collectively referred to'as "the Project ".
The Project, - along 10t Street and 14 Street, includes the installation of pump station electrical panels
and platform structures, the installation of drainage structures and structures associated therewith,
piping and improvement of roads associated therewith ( "the Improvements "); and
C. The City is the holder of ownership rights to the roads not on the State Highway
System; and
D. The Parties agree that it is in the best interest of each party for the Department to
undertake and to complete. all aspects of the Project, including the design, construction, construction
inspection, utility work, permits, easements, and other tasks associated with those improvements that
are on roads not on the State Highway System; and
FM 249911- 3 -52 -01
Page 2 of 10
E. The parties further agree that it is in the best interest of each party to enter into this
Agreement in order to allow the Department to construct and complete the Improvements and the
Project. '
TERMS
NOW THEREFORE, in consideration of the premises,' the mutual covenants and `other
valuable considerations contained in this Agreement; the receipt and sufficiency of which are hereby
acknowledged, the parties agree as follows:
1. The recitals in this Agreement are true and correct, and are incorporated and made part of
this Agreement by reference.
2; ' The Parties agree that the Department intends to undertake and complete the Project under •
project number FM 249911- 3 -01; as depicted in Exhibit A, and attached to this
Agreement. The Project shall include improvements on roads not on the State Highway
System, including' but not limited to installation of pump station electrical panels and
platform structures, the installation of drainage structures and. structures associated
therewith, piping and 'improvement of roads associated therewith, on roads not on the State
Highway System, as depicted in Exhibit A, and all activities associated with, or arising out
of construction of the Improvements. The City shall cooperate with and support the
Department's work efforts in these regards. The Department will design and construct the
'Project and Improvements in accordance with all applicable federal and state laws and
regulations and in accordance with Department. design and construction standards as set
forth in the. Department's guidelines, standards, and procedures. The -Department shall
have final decision authority with respect to all aspects . of design, construction of the
Improvements, and relocation of any utilities that the Department may require.
3.. The Parties acknowledge and agree that, as of the date of this" Agreement; the City has
reviewed the Project Design Plans • ( "PDP ") and has submitted its comments, if any, via
Electronic Reviewer Comments ( "ERC "), and that the Department has addressed all of the
City's comments, if any, regarding the PDP ( "Review Process "). The Parties agree that.the
plans attached hereto as Exhibit A are the product of the Review Process, and the . City
authorizes the Department of Public Works to issue a permit '(the "Permit") to the - '
Department's Contractor, authorizing the Department to construct the Improvements in
accordance with Exhibit A. By issuing the Permit, the City agrees that the Department may
proceed to construct the Project in accordance with the Schedule of Work included. in
FM 249911- 3 -52 -01
Page 3 of 10
Exhibit A. The City acknowledges and. agrees that'. during construction of the
Improvements, . the Department will only utilize the service of law enforcement officer's .
when required by the Department's Standard Specifications for Road and, Bridge
Construction, and no additional requirements will be imposed. The City agrees that the ,
Permit will not impose any conditions other than those included in this Agreement, and the
terms of this Agreement 'Supersede" any' conflicting terms in the Permit. Additionally, the.
City waives any permit fees that may apply to issuance of the Permit:
Major modifications of the permitted plans (Exhibit A) that concern the Improvements shall
be submitted to the City for review. A Major Modification -is any modification that
materially alters the kind or nature of the work depicted in the permitted ;plans (Exhibit A),
or that alters the integrity or maintainability of the Improvements.or its components. Major
modifications of the permitted ,plans (Exhibit A) prior to commencement of construction,
that concern the Improvements, . shall be submitted to the City : for review. The City will
review the modifications within a reasonable time schedule, and manner, to be determined
by the Department, in order to avoid delay to the Department's construction contract. In the
event that any major modifications to the permitted plans are required during construction,
the Department shall be entitled to proceed with the modifications that are necessary to
complete the construction of the Project, and.shail.notify the City of the changes. The City
shall modify the Permit in accordance with the'plan modifications and shall accept all the
major modifications that are required to duly, complete the Project. It 'is understood and
agreed that any such changes during construction -shall not delay or affect the timely
construction schedule of the Project.
4. The City agrees to. fully cooperate. with the Department in .the construction; reconstruction
and relocation of utilities that are located within the City's right-6f-way, if any. • Utility
relocations, if any, which may be required by the Department for purposes of the Project,
shall be done in.accordance with the Department's guidelines, standards and procedures.
The Departmentshall'submit the proposed Project Utility Relocation Schedule to the City.
Utility relocations, if any, shall be done in accordance with the provisions of Chapter 337,
Florida Statutes.
5. The Parties acknowledges that the Federal funds will be utilized in conjunction with the
`Project. Additionally the Parties acknowledge and agree that the Improvements; while
located in roads not in the State Highway System, will serve S.R. 907 /Alton Road as part of
FM 24991 1- 3 -52 -01
Page 4 of 10
the Project, but shall also provide a benefit to the City's stormwater overflow. The Parties '
have, agreed that the' Department shall maintain the following Improvements, along l Ocn
Street and. 14 Street, at its sole cost and expense:
a.- 36" DIP storm water force main and associated fittings
b- pump station electrical. panel and platform structure
c- drainage dissipater structures
d- concrete box culvert outfall.
All subsequent operation, maintenance, repair, replacement and rehabilitation to these
Improvements shall be borne solely by the Department. It is understood and agreed that the
'Department's maintenance, repair, replacement and rehabilitation obligations shall continue
as long as the Department determines, in its sole discretion, that the Improvements are
necessary and required to remain on the : City's right -of -way. In the event that the
Improvements shall ever be removed by :the Department from the City right -of -way, the
Department's maintenance obligations under this Agreement shall immediately cease.
The Department shall notify the City at least 48 hours before beginning ' any maintenance,
repair, replacement and rehabilitation within the City's right -of -way. Such notification may
be provided, verbally` or via email, and the notice requirements set `forth in paragraph 20
shall not apply to this paragraph. However, it is understood and agreed that the notice
requirement shall not apply in the event of a emergency that may require immediate repair.
to the Improvements, and /or to prevent further damage to the Improvements or the right -of
way. The ' City acknowledges and agrees that, for purposes of its _ maintenance
responsibilities under this Agreement, the Department will only utilize the service of - law
enforcement officers when required by the Department's Standard Specifications for Road
and Bridge Construction, and no additional requirements will be imposed..
All other features constructed in conjunction with the Project, within the City's right -of-
way, shall be . perpetually maintained, by the City, at its sole cost and expense and all
subsequent operation, maintenance, repair, replacement and rehabilitation to the same shall
be borne solely by the City:
To maintain means to perform normal maintenance operations for the preservation of any
improvements or features, which may include but are not limited to, roadway .surfaces,
FM 3 -52 -01 ,
Page 5 of 10
shoulders, roadside structures, drainage structures and any associated structures, and such
traffic control devices as are necessary for the safe and efficient use thereof.
Additionally the Parties understand and agree that the Department shall transfer all permits,
not related to the Improvements, to the City, and the City agrees to accept said transfer and
to be fully` responsible to comply with all operational and maintenance conditions of the
permits, at its sole cost and expense. Nothing in this Agreement shall be deemed to have
changed or superseded the terms of the Storm Water - Pump - Stations and Pollution. Control
Structures Maintenance Memorandum of Agreement ' and /or the Landscape and Irrigation
Bonded Aggregate Paving Maintenance Memorandum -of.-Agreement, entered into by the
Department and the City for 'the maintenance of certain features of the Project and /or
landscaping features in accordance with the referenced agreements between the Parties.
Notwithstanding the requirements hereof, maintenance during construction shall be the
responsibility of the Department and its Contractor, as set forth' in paragraph 9 of this "
Agreement.
6. The Parties acknowledge and agree that the City's right-of-way shall remain under the
ownership of the City and, except as to the Improvements, any other features or Project
improvements located within-City's right -of -way will remain under the ownership of the
City. The Parties agree *and acknowledge, however, that the Department shall retain
ownership and control of the Improvements constructed and installed pursuant to this
- Agreement, and the City shall grant a permanent easement to the Department for purposes
of the construction, installation, control, maintenance, repair and .replacement of the
Improvements, pursuant' to the terms of this Agreement; and the City shall not impose any
further requirements for such purposes.
7: The Department shall require its construction Contractor to maintain, at all times during
the construction, regular Contractor's Public Liability Insurance providing for a limit of not
less than $1,000,000 for all damages arising out of bodily injuries to, or death of, one
person and, subject to that limit for each person, a total limit of $5,000,000 for all damages
arising out of bodily injuries to, or -death of, two or more persons in any one occurrence;
and regular Contractor's Property Damage Liability Insurance providing for a limit of not
less than $50,000 for all damages arising out of injury to, or destruction of, property in any
one occurrence and, subject to that limit per occurrence, a total 'or aggregate limit of
$100,000 for all damages arising out of injury to, or destruction of, property during the
FM 24991.1- 3 -52 -01
Page 6, of 10 :
policy period; or such other minimum insurance coverage that may be required- by the
Department for construction of the Project, in accordance with the Department's standards
and specifications. The Department shall further cause its Contractor- to name the
Department as additional insured on the afore- stated policies, and to . name the City as
additional insured on the afore- stated policies with regards to activities performed within
the City's right -of- -way. The Department shall also require its Contractor to provide , -
evidence of Workers' Compensation Insurance in accordance with the laws of the State of
Florida and, in amounts sufficient to secure • the benefit of the Florida Workers'
Compensation law for all employees.
. 8.. The Department shall notify the City at least 48 hours before beginning construction within
the City's right of =way. Such notification may be provided verbally or via email,. and the
notice requirements set forth in paragraph 20 shall not apply to this paragraph.
The Department agrees that the City may, at reasonable times during the construction of the
Improvements and with .regards to the Project limits located within City right -of -way, _
inspect the Contractor's construction site and perform such tests as are reasonably:
necessary to determine whether the goods or services required to be provided by the
Contractor, pursuant to the Contractor's Construction Agreement with the .Department,
conform to the terms of said Construction Agreement. Upon request by the City, the
Department shall coordinate with its Contractor to provide access' to the City 'for
performance of said inspections.
9. Maintenance of the Improvements during construction shall be the. responsibility of the
Department's Contractor. Upon completion of the - Project,.the Department shall issue a
Notice of Final Acceptance to the Contractor'and shall provide a copy of said notice to the
County. As of the date of the Notice of Final Acceptance, the County shall be immediately -
responsible . for its maintenance obligations under .this Agreement. The Department shall
also have the right to assign interim maintenance responsibility to the County for -specified
portions, of the Project before, the issuance of the Notice of Final Acceptance. Said
assignment of maintenance responsibility shall be sent by the Department to the County in
writing with sufficient description to place the County on notice of the interim maintenance
responsibility and shall comply with the notice requirement ,.in paragraph 20 of this
agreement.
FM 249911- 3 -52 -01
Page 7 of 10
Notwithstanding the issuance of the Notice of Final Acceptance, -the Department shall have
the right to assure completion of any punch list by the Contractor. Upon completion of all
work related to'construction,of the Project, the Department shall submit.to the County final
as' -built plans and . an engineering certification that construction was completed in
accordance with ' the permitted plans. Additionally, the Department shall vacate the
County's right -of- -way by removing the Department's property, machinery, and equipment
from the County's right -of -way. Furthermore, the Department shall restore those portions
of the County's right -of -way disturbed by Project construction activities to substantially the
_ same condition that existed immediately prior to commencement of the construction of the
Proj ect.
1.0. This Agreement shall become effective as of the date both Parties hereto have executed the
agreement and shall continue in` full force and effect until the Project is completed, as
evidenced by the Department's issuance of Notice of Final Acceptance.
Prior to commencement of construction, the Department may,. in its sole discretion,
terminate, this agreement if it determines that it is in the best interest of the public to do so.
If the Department .elects to terminate this Agreement, the Department shall provide formal
notice of termination to the City, in accordance with the provisions. set forth in paragraph 22
of this Agreement.
11. In.the event that any election, referendum, approval or permit, notice or other proceeding,
or authorization is required to carry out the Project, the City agrees 'to expeditiously initiate
and consummate, as provided by law, all actions necessary with respect to any such
matters, with time being of the essence.
12. During the construction work related to the Project, the City shall cooperate fully with any
such work being by the Department and the Department's contractors. The City
shall not commit or permit any act which may delay or interfere with the performance of
any such work by the Department - or, any Department contractor unless the Department
_ agrees in writingiliat the City may commit or permit said act.
13. This Agreement shall be governed by the laws of the State of Florida in terms of
interpretation and performance. Venue for any and all actions arising out of or in any way
related to the interpretation, validity performance or breach of this Agreement shall lie
exclusively in a state court of appropriate jurisdiction in Leon County,. Florida
FM 249911- 3- 52 -01>
Page 8 of 10
14. The Parties acknowledge and agree�that the'Project shall constructed using Federal funds -
and that: all costs incurred ,must be ' in - conformity with applicable Federal and ` State laws, .
regulations, and policies and procedures.
15. The Department's performance and obligations under this Agreement are contingent upon
an annual appropriation by the Legislature. 'If the Department's funding for this Project'is
in multiple fiscal years, funds approval from the Department's Comptroller must be
received each fiscal year prior to costs incurred. Project costs utilizing fiscal year.
funds are not eligible for reimbursement if incurred prior -to funds approval being received.
16:, In the event that this Agreement is in excess of $25,000,'and the agreement has a term for a
period of more than one year, the provisions of Section §339.135(6)(a), Florida Statutes, are•
hereby incorporated into this agreement and are 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 any such fiscal year. Any contract, verbal or written,
made in violation 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 funds are available prior to entering
into any such, contract or other binding cominitment of funds. Nothing
herein' contained shall, prevent :the making of contracts for periods
exceeding I 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 $25, 000
and which have. a term for a period of-more than I • year. .
17. ' The Department is a state agency self- insured and subject to: the provisions of'Section
768.28, Florida Statutes. 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.:
18. 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.
19. This agreement shall be governed by the laws of the State of Florida.- Any provision, hereof
found to be unlawful or unenforceable shall be severable and shall'not affect the validity of
the remaining portions hereof. Venue for any and all actions arising out of or in . any way
related to the interpretation, validity, performance or breach Hof this Agreement shall. lie
:. exclusively in a state court of appropriate jurisdiction in Leon County, Florida:
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20. 'No term or provision of this Agreement shall be interpreted for 'or agairist any party because
that party's, legal counsel drafted the provision.
21. All. Department Vendors /Contractors:
a) shall utilize the U.S. Department of Homeland Security's E - system to verify the
employment eligibility of all new'employees hired by the Vendor /Contractor during the,
term of the contract; and
b shall expressly require an subcontractors erformin work or rovidin services
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pursuant to the state contract to. likewise utilize. the, U.S. Department of Homeland
Security's E- Verify system to verify the employment 7eligibility. of all new employees
hired by the subcontractor during the contract term.
. 22. All notices, requests, demands, or'other communications required or • provided for under this'.
Agreement shall be in, writing and shall be delivered 'in one of the following manners:
via ex ress mail service or mailed b first- class certified mail postage prepaid,
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return receipt requested. , Any' notice, request, demand, ' or other communication made
pursuant to this paragraph shall be deemed to have been received :.by the addressee , at the.
earlier of such time as is actually received or . seven (7) calendar days after it is mailed.
Unless otherwise notified in writing, notices shall be addressed and sent as follows:
-. To the City
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Attention: City Manager
To the Department: .
Director of Transportation Operations
State *of. Florida, Department of Transportation
1000 N.W.' l l Ph Avenue,
Miami, Florida 33172
,:., party may change the address to which such communications are'.to be directed by giving written
notice to the other party in the manner provided'in this paragraph.
FM 249911- 3 -52 -01
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IN WITNESS WHEREOF, the parties hereto have executed this agreement on the dates exhibited, by
the signatures below.
CITY OF MIAMI BEACH STATE OF FLORIDA
DEP TMENT OF TRANSPORTATION
By: Bey:
Name: Matti Herrera Bower Name:aP -A�
Mayor
Title: Title: Director of Transportation Operations
Date: Date: �--
Attest:
By: 1z r C
Title: C, �7 -7 C ri-kA
Legal Review: Legal Review:
y: / ` By:
City tome District VI, Office of the General Counsel
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