Locally Funded Agreement with FDOT � 0l2 - 2-7 � g3
LOCALLY FUNDED AGREEMENT
THIS CALL F N ED AGREE ENT (hereinafter `Agreement') is made and entered into
this day of , 20L, 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 CITY has jurisdiction over and maintains State Road (S.R.) AIA/Collins
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 and street name pavers to various intersections along S.R. AIA/Collins
Avenue from 5th Street to 16th Street; and
WHEREAS, the DEPARTMENT has agreed to install or cause to be installed stamped
asphalt crosswalks and street name pavers to various intersections along S.R. AIA/Collins Avenue
from 5th Street to 16th Street, subject to the terms and conditions detailed in this Agreement; and
WHEREAS, the CITY shall fund the increased costs, under financial project number
250236-3-52-03, associated with the installation of the stamped asphalt crosswalks and street name
pavers on S.R. AIA/Collins Avenue, from 5th Street to 16th 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.
Page 1 of 12
Locally Funded Agreement between the City of Miami Beach
and the Florida Department of Transportation, Financial Project Number 250236-3-52-03
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:
i. shall 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. shall expressly require any subcontractors performing work or providing
services pursuant to the state contract to likewise utilize the U.S.
Department of Homeland Security's E-Verify system to verify the
employment eligibility of all new employees hired by the subcontractor
during the 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 Citv of kliami Beach
and the Florida Department of Transportation,Financial Project Number 250236-3-52-03
(d) The CITY will provide funding to the DEPARTMENT, in the aggregate amount of
ONE HUNDRED TWENTY SIX THOUSAND FIVE HUNDRED THIRTY
DOLLARS ($126,530.00), 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. k
3. Financial Provisions.
(a) The CITY agrees that it will, no later than the 7t" of October 2012, furnish the
DEPARTMENT an advance deposit in the amount of ONE HUNDRED TWENTY
SIX THOUSAND FIVE HUNDRED THIRTY DOLLARS ($126,530.00) for full
payment of the estimated PROJECT cost for Locally Funded project number 250236-
1 3-52-03. 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 the 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 1liami Beach
and the Florida Department of Transportation, Financial Project Number 250236-3-52-03
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.
(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.).
Page 4 of 12
Locally Funded Agreement between the City of Aliami Beach
and the Florida Department of Transportation. Financial Project Number 250236-3-52-03
(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
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 behveen the City of Miami Beach
and the Florida Department of Transportation,Financial Project Number 250236-3-52-03
(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 (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.
Page 6 of 12
Locally Funded Agreement between the City of Ifiami Beach
and the Florida Department of Transportation, Financial Project Number 250236-3-52-03
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: Jose Gonzalez, Transportation Manager
(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
Locallv Funded Agreement between the City of Miami Beach
and the Florida Department of Transportation, Financial Project Number 250236-3-52-03
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.
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 Project Number 250236-3-52-03
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
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 FLORIDA,
DEPARTMENT OF TRANSPORTATION:
OR . DISTRICT SEC ARY
:INCORP ORATED'
CbJ I C! 2 ATTEST:
Y CLERK (SEAL) EXECUTIVE &CRETARY
LEGAL REVIEW:
I
Y TORNE V`_ DISTRICT CHIEF tOtNSEL
Page 9 of 12
Locally Funded Agreement between the City of Alliami Beach
and the Florida Department of Transportation, Financial Project Number 250236-3-32-03
EXHIBIT `A'
SCOPE OF SERVICES
The PROJECT work consists of constructing improvements consisting of stamped asphalt crosswalks
and street name pavers installation at various intersections along S.R. AIA/Collins Avenue from 5th
Street to 16th Street in the CITY. The locations of the crosswalks are on S.R. AIA/Collins Avenue
and:
- 6th Street(west, east and north legs)
- 7th Street(all four legs)
- 8th Street(all four legs)
- 9th Street(all four legs)
- 10th Street(all four legs)
- 11th Street(all four legs)
12th Street(all four legs)
131h Street(all four legs)
14th Street(all four legs)
- Espanola Way (T-Intersection, all three legs)
- 15th Street(T-Intersection, all three legs)
PROJECT LIMITS: S.R. AIA/Collins Avenue from 5th Street to 16th Street
DEPARTMENT Financial Project Number: 250236-3-52-03
COUNTY: Miami-Dade
DEPARTMENT Project Manager: Heidi Solaun-Dominguez, P.E. 305-470-5282
CITY Project Manager: Jose Gonzalez, Transportation Manager 305-673-7080 Ext. 6768
Page 10 of 12
Locally Funded Agreement between the City of lllfianii Beach
and the Florida Department of Transportation,Financial Project Number 250236-3-52-03
EXHIBIT `B'
FINANCIAL SUMMARY
The DEPARTMENT'S Work Program allocates the following funding, programmed under Financial
Project Number 250236-3-52-03, for PROJECT completion:
Fiscal Year: Amount: Fund Type:
2012/2013 $1261530.00 Local Funds (LF)
CITY OF MIAMI BEACH FINANCIAL RESPONSIBILITY: $ 126 530.00
Page I I of 12
Locally Funded Aureement behveen the City of Viami Beach
and the Florida Department of Transportation,Financial Project Number 250236-3-52-03
EXHIBIT-
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 wliami Beach
and the Florida Department of Transportation, Financial Project Number 250236-3-52-03
2012-27993 '
RESOLUTION NO., I
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY .
CLERK TO EXECUTE A LOCALLY FUMED,AGREEMENT IN THE AMOUNT OF
$12695309 AND A MAINTENANCE MEMORANDUM OF .AGREEMENT, WITH THE
FLORIDA DEPARTMENT OF TRANSPORTATION, FOR THE CONSTRUCTION AND
MAINTENANCE 'OF PROPOSED DECORATIVE PEDESTRIAN CROSSWALKS AND
EMBEDDED SIDEWALK-PAVERS WITH STREET NAMES, AS PART OF THE STATE
ROAD A1A/COLLINS AVENUE PROJECT;FROM 5T"'STREETTO LINCOLN ROAD.
_ WHEREAS, the Florida, Department of Transportation '(FDOT)' is planning construction
improvements on Collins Avenue/State Road (S.R.)A1A, from 5t'Street to Lincoln Road (Project); and'
WHEREAS,.the City has been collaborating with-the Collins Improvement Association (CIA) for
some time to ensure that the Project.includes certain roadway enhancements; such' as decorative
pedestrian-crosswalks, mid-block bulb outs, and embedded street name.pavers, that will serve to improve
the aesthetics and quality=of--life of this important commercial corridor; and
WHEREAS,*the additional requested enhancements will improve the_aesthetics and livability*of
the Collins Avenue corridor as well as the safety of•pedestrians.traveling along the corridor; and
WHEREAS,. FDOT is requiring-the City to execute various agreements for the construction and
.' maintenance of the proposed enhancements, which are considered above and beyond-the standard
improvements typically implemented as part of standard FDOT roadway-improvement projects; and.
WHEREAS,-.FDOT is requiring. the City to approve and execute a Locally Funded Agreement
(LFA), and a Maintenance.Memorandum of Agreement(MMOA), which are attached hereto as Exhibits A
and B respectively, and which are necessary for the.construction and maintenance of the proposed
roadway enhancements as part of the Project; and -
WHEREAS,.FDOT is estimating the',cost to be$126,530; and
•: WHEREAS, partial funding for this project is available from a previously appropriated capital"
project•for this .purpose - Crosswalk Phase 11 - with-funding provided by half-cent transit surtax funds
t
.(People's Transportation Plan (PTP)), and additional funding will'be provided by the Crosswalk Phase II
Project in FY 12/13. -
NOW, THEREFORE, BE IT RESOLVED.BY THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH' FLORIDA, that the Mayor and City Commission hereby approve and authorize '
the Mayor and City Clerk to execute the attached Locally- Funded Agreement, and _ Maintenance
Memorandum of Agreement, with -the Florida .Department of Transportation,'for the construction and
maintenance of proposed decorative pedestrian crosswalks and-embedded sidewalk pavers with street
•. . names, as part of the State Road AlA/Collins Avenue Project, from 5t'Street.to,•Lincoln•Road.
PASSED AND ADOPTED THIS , DAY OF SP X1012.
ATTEST:. .
CITY CLERK A
• APPROVED AS TO
-T:IAGENDA1201219-12-121FDOT A ants r Colli •E c ~
c CORP FORM&LANGUAGE
IN &FO ECUTION
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. tcs� WAttomejK Date
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FLORIDA DEPARTMENT OF TRANSPORTATION
PATTERN PAVEMENT CROSSWALKS AND
STREET NAME PAVERS
MAINTENANCE MEMORANDUM OF AGREEMENT
WITH THE
CITY OF MIAMI BEACH
This AGREEMENT, entered into on 20LA by and
between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an
agency of the State of Florida, hereinafter called the
DEPARTMENT, and the CITY OF MIAMI BEACH, a municipal corporation
of the State of Florida, hereinafter called the CITY, and
collectively referred to as the PARTIES .
RECITALS:
A. The DEPARTMENT has jurisdiction over State Road (S.R. )
AlA/Collins Avenue, from 5th Street (M.P. 3 . 676) to 16th
Street (M.P. 4 . 66) , which is located within the limits of
the CITY; and
B. The DEPARTMENT, pursuant to Contract # T-6294 , has drafted
design plans for improvements on S .R. AlA/Collins Avenue,
from 5th Street to 16th Street, 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 DEPARTMENT will install stamped asphalt ( `Pattern
Pavement' ) crosswalks and street name pavers in accordance
with the design plans for Contract # T-6294 (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 Pattern Pavement crosswalks and
street name pavers installed pursuant to the Project ; and
E. The CITY, by Resolution No. 2012-Z::gCi3 dated 1 Z,2012
attached hereto as Exhibit `B' , which by reference shall
become a part of this AGREEMENT, desires to enter into this
AGREEMENT and authorizes its officers to do so.
Maintenance Memorandum of Agreement
between Florida Department of Transportation and City of Miami Beach
Pale 1 of 13
NOW, THEREFORE, for and in consideration of the mutual
benefits contained herein and other good and valuable
consideration, the parties covenant and agree as follows :
1 . RECITALS
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 all maintenance responsibilities
pertaining to the Pattern Pavement crosswalks and street
name pavers 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 Pattern Pavement crosswalks and
street name pavers 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 Pattern
Pavement crosswalks and street name pavers in accordance
with the 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 .
3 .1 Pattern Pavement Crosswalks:
a) Within sixty (60 ) days of final acceptance by the
DEPARTMENT, all lanes of each patterned crosswalk
shall be evaluated for surface friction. The
friction test shall be conducted using either a
locked wheel tester in accordance with FM 5-592
(Florida Test Method for Friction Measuring Protocol
for Patterned Pavements) or a Dynamic Friction
Tester in accordance with ASTM E1911 . FM 5-592 can
Maintenance Memorandum of Agreement
between Florida Department of Transportation and City of Miami Beach
Page 2 of 13
be accessed at the following link:
htt-o://raterials .dot.state. fI .us/smo/administration/re
sources/library/publications/fstm/Methods/fm5-592 .,Qdf
The initial friction resistance shall be at least
thirty five (35) , obtained at 40 mph with a ribbed
tired test (FN40R) or equivalent . Failure to
achieve this minimum resistance shall require all
deficient crosswalk areas to be removed to their
full extent (lane-by-lane) and replaced with the
same quality product installed initially. If the
DEPARTMENT determines that more than fifty percent
(500) of the lanes in the intersection require
replacement, the entire intersection may be
reconstructed with a different product on the
Qualified Products List (QPL) or replaced with
conventional pavement .
b) One (1) year after the final acceptance, and every
two (2) years thereafter for the life of the
patterned crosswalk, only the outside traffic lane
areas of each patterned crosswalk shall be tested
for friction resistance in accordance with ASTM E274
or ASTM E1911 . Friction resistance shall, at a
minimum, have a FN4 0R value of thirty five (3 5) (or
equivalent) .
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 (50%) of the lanes in the intersection
require replacement, the entire intersection
installation may be reconstructed with a different
product on the QPL.
c) When remedial action is required in accordance with
the above requirements, the CITY shall complete all
necessary repairs at its own expense within ninety
(90) days of the date the deficiency is identified.
No more than two (2) full depth patterned pavement
repairs shall be made to an area without first
Maintenance Memorandum of Agreement
betl,veen Florida Department of Transportation and City of Miami Beach
Paae 3 of U
resurfacing the pavement to one inch (1" ) minimum
depth.
d) In addition to the requirements stated above, the
CITY shall conduct annual condition surveys of the
patterned pavement for rutting, raveling, pot holes,
delamination and cracking for the life of the
patterned pavement .
Unless the pavement adjacent to the crosswalk is
also experiencing adjacent pavement rutting
deficiencies, rutting depth of the patterned
pavement shall not exceed 0 .25 inches or more than
25 square inches in area. Remedial work shall
include the full depth removal of the patterned
pavement across the full width of the lane and
crosswalk.
Unless the pavement adjacent to the crosswalk is
also experiencing cracking deficiencies, cracking
width of the patterned pavement shall not exceed 1/8
of an inch for more than 10 feet in any lane of the
crosswalk. Remedial work shall include as a
minimum, the full depth removal of the patterned
pavement along the complete length of the crack (s)
and for the width recommended by the manufacturer.
e) The results of all friction tests and condition
surveys shall be sent to the District ' 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 .
f) The DEPARTMENT will not be responsible for replacing
the treatment following any construction activities
in the vicinity of the treatment .
g) The DEPARTMENT will not be responsible for replacing
the treatment following any construction activities
in the vicinity of the treatment .
h) The CITY shall sweep the Pattern Pavement crosswalk
surfaces periodically to keep them free of debris
Maintenance Memorandum of Agreement
between Florida Department of Transportation and City of Miami Beach
Paae 4 of 13
e
and to maintain an aesthetically pleasing condition.
A light pressure washing may be necessary for heavy
stain removal or cleaning.
3 .2 Street Name Pavers :
a) The CITY shall conduct annual condition surveys of
the pavers for gaps, settlement, drop-offs, and
other deficiencies for the life of the sidewalk.
b) Gaps within the pavers shall not exceed a quarter
of an inch (0 . 25" ) .
c) Differential settlement within the pavers shall not
exceed a quarter of an inch (0 .2511 ) in depth.
d) 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.
The CITY shall submit all services logs, inspections and
surveys to the DEPARTMENT Warranty Coordinator as required
in the above maintenance responsibilities .
The DEPARTMENT may, at its sole discretion, perform
periodic inspection of the Pattern Pavement crosswalks and
street name pavers to ensure that the CITY is performing
its duties pursuant to this AGREEMENT . The DEPARTMENT shall
share with the CITY its inspection findings, and may use
those findings as the basis of its decisions regarding
maintenance deficiencies, as set forth in Section 4 of this
AGREEMENT. The CITY is responsible for obtaining copies of
all applicable rules, regulations, policies, procedures,
guidelines, and manuals, and the Project Specification and
Special Provisions, as may be amended from time to time.
4 . MAINTENANCE DEFICIENCIES
If at any time it shall come to the attention of the
DEPARTMENT that the CITY' s responsibilities as established
herein are not being properly accomplished pursuant to the
terms of this AGREEMENT, the DEPARTMENT may, at its option,
issue a written notice, in care of the CITY MANAGER, to
notify the CITY of the maintenance deficiencies . From the
Maintenance Memorandum of Agreement
between Florida Department of Transportation and City of Miami Beach
Page 5 of 13
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 Pattern Pavement crosswalks and street
name pavers, or a part thereof and invoice the CITY
for expenses incurred; or
b) Terminate this Agreement in accordance with Section 7,
remove any or all the Pattern Pavement crosswalks and
street name pavers located within the PROJECT LIMITS,
and charge the CITY the reasonable cost of such
removal .
5 . NOTICES
All notices, requests, demands, consents, approvals, and
other communication which are required to be served or
given hereunder, shall be in writing and shall be sent by
certified U. S . mail , return receipt requested, postage
prepaid, addressed to the party to receive such notices as
follows :
To the DEPARTMENT: Florida Department of Transportation
1000 Northwest 111 Avenue, Room 6205
Miami, Florida 33172-5800
Attn: District Maintenance Engineer
To the CITY: City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Attention: City Manager
Notices shall be deemed to have been received by the end of
five (5) business days from the proper sending thereof
unless proof of prior actual receipt is provided.
Maintenance Memorandum of Aereement
between Florida Department of Transportation and City of Miami Beach
Page 6 of 13
6 . REMOVAL, RELOCATION OR ADJUSTMENT OF THE PATTERN PAVEMENT
CROSSWALKS AND STREET NAME PAVERS
a) The Parties agree that the Pattern Pavement crosswalks
and street name pavers 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
Pattern Pavement crosswalks and street name pavers,
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 :
a) By the DEPARTMENT, if the CITY fails to perform its
duties under Section 3 of this AGREEMENT, following
the thirty (30) days written notice, as specified in
Section 4 of this AGREEMENT.
b) In accordance with Section 287 . 058 (1) (c) , Florida
Statutes, the DEPARTMENT shall reserve the right to
unilaterally cancel this AGREEMENT if the CITY refuses
to allow public access to any or all documents,
papers, letters, or other materials made or received
by the CITY pertinent to this AGREEMENT which are
subject to provisions of Chapter 119, of the Florida
Statutes .
c) If mutually agreed to by both parties, upon thirty
(30) days advance notice . An agreement to terminate
shall be valid only if made in writing and executed
with the same formalities as this AGREEMENT .
8 . TERMS
a) The effective date of this AGREEMENT shall commence
upon execution by the PARTIES. This AGREEMENT shall
continue in perpetuity or until termination as set
forth in Section 7 .
b) For purposes of performing its duties under this
Maintenance Memorandum of Agreement
between Florida Department of Transportation and City of Miami Beach
Page 7 of 13
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 or in part, without the prior written consent
of the DEPARTMENT.
e) This AGREEMENT shall be governed by and constructed in
accordance with the laws of the State of Florida. Any
provisions of this AGREEMENT found to be unlawful or
unenforceable shall be severable and shall not affect
the validity of the remaining portions of the
AGREEMENT.
f) Venue for any and all actions arising out of or in
connection to the interpretation, validity,
performance or breach of this AGREEMENT shall lie
exclusively in a state court of proper jurisdiction in
Leon County, Florida.
g) A modification or waiver of any of the provisions of
this AGREEMENT shall be effective only if made in
Maintenance Memorandum of Agreement
between Florida Department of Transportation and City of Miami Beach
Paae 8 of 13
writing and executed with the same formality as this
agreement .
h) The section headings contained in this AGREEMENT are
for reference purposes only and shall not affect the
meaning or interpretation hereof .
i) No term or provision of this AGREEMENT shall be
interpreted for or against either Party because the
Party or its legal representative drafted the
provision.
j) The DEPARTMENT is a state agency, self-insured and
subject to the provisions of Section 768 . 28, Florida
Statutes, as may be amended from time to time . Nothing
in this AGREEMENT shall be deemed or otherwise
interpreted as waiving the DEPARTMENT'S sovereign
immunity protections, or as increasing the limits of
liability as set forth in Section 768 . 28 , Florida
Statutes .
9 . INDEMNIFICATION
Subject to Section 768 . 28, Florida Statutes, as may be
amended from time to time, the CITY shall promptly
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 its
responsibilities as set out in this AGREEMENT, including
but not limited to, any act, action, neglect or omission by
the CITY, its officers, agents, employees or
representatives in any way pertaining to this agreement,
whether direct or indirect, except that neither the CITY
nor any of its officers, agents, employees or
representatives will be liable under this provision for
damages arising out of injury or damages directly caused. or
resulting from the sole negligence of the DEPARTMENT.
The CITY' s obligation to indemnify, defend and pay for the
defense of the DEPARTMENT, or at the DEPARTMENT' s option,
Maintenance Memorandum of Agreement
between Florida Department of Transportation and City of Miami Beach
Pale 9 of 13
to participate and associate with the DEPARTMENT in the
defense and trial of any claim and any related settlement
negotiations, shall be triggered immediately upon the
CITY's receipt of the DEPARTMENT' s notice of claim for
indemnification. The notice of claim for indemnification
shall be deemed received if the DEPARTMENT sends the notice
in accordance with the formal notice mailing requirements
set forth in Section 5 of this AGREEMENT. The DEPARTMENT' s
failure to notify the CITY of a claim shall not release the
CITY of the above duty to defend and indemnify the
DEPARTMENT.
The CITY shall pay all costs and fees related to this
obligation and its enforcement by the DEPARTMENT. The
indemnification provisions of this section shall survive
termination or expiration of this AGREEMENT, but only with
respect to those claims that arose from acts or
circumstances which occurred prior to termination or
expiration of this AGREEMENT.
The CITY' s evaluation of liability or its inability to
evaluate liability shall not excuse the CITY' s duty to
defend and indemnify the DEPARTMENT under the provisions of
this section. Only an adjudication or judgment , after the
highest appeal is exhausted, specifically finding the
DEPARTMENT was solely negligent shall excuse performance of
this provision by the CITY.
Maintenance Memorandum of Agreement
between Florida Department of Transportation and City of Miami Beach
Page 10 of 13
1 •
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
CIT Mayor \";..••••L7��! istrict Dlrec or of
�P• •'-•� ansportation Operations
INCORP ORATED
ATTEST: L L AL _•• •• '�� ST:
C TY C1 CH 26 E ecutiv Secretary
LEGAL REVIEW:
f
a �.� 1 BY:
for ey District Chi% Counsel
Maintenance Memorandum of Agreement
between Florida Department of Transportation and City of Miami Beach
Pale 11 of 13
EXHIBIT `A '
PROJECT LIMITS
Below are the limits of the Pattern Pavement crosswalks and
street name pavers to be maintained under this AGREEMENT.
State Road Number: S.R. AIA/Collins Avenue
Agreement Limits: From 5th Street (M.P. 3 .676) to 16th Street
M.P. 4 .66)
County: Miami-Dade
The locations of the crosswalks are on S .R. A1A/Collins Avenue
and:
- 6th Street (west, east and north legs)
- 7th Street (all four legs)
- 8th Street (all four legs)
- 9th Street (all four legs)
- 10th Street (all four legs)
- 11th Street (all four legs)
- 12th Street (all four legs)
- 13th Street (all four legs)
- 14`h Street (all four legs)
- Espanola Way (T-Intersection, all three legs)
- 15th Street (T-Intersection, all three legs)
Maintenance Memorandum of Agreement
between Florida Department of Transportation and City of Miami Beach
Page 12 of 13
r
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
Pale 13 of 13