Resolution 2020-31464 RESOLUTION NO' 2020-31464
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING, IN SUBSTANTIAL FORM, A JOINT
PARTICIPATION AGREEMENT BETWEEN THE CITY AND MIAMI-DADE
COUNTY FOR GEOMETRIC IMPROVEMENTS ON PINE TREE DRIVE,
BETWEEN 45TH STREET AND 47TH STREET, INCLUDING A NEW TRAFFIC
CIRCLE ON PINE TREE DRIVE/SHERIDAN AVENUE AND 46TH STREET;
AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE THE FINAL AGREEMENT.
WHEREAS, following a fatal motorcycle crash that occurred on the 4500 Block of Pine
Tree Drive in October 2019, the Transportation and Mobility Department and Miami Beach Police
Department conducted a joint safety audit of Pine Tree Drive between 42nd Street and 47th
Street; and
WHEREAS, a review of crash data for the past five(5)years showed a total of 78 crashes
between 42nd Street and 47th Street, including 16 crashes at the horizontal curve at the 4500
block of Pine Tree Drive in the northbound direction resulting in five (5) injury crashes and one
fatal crash; and
WHEREAS, at the October 31, 2019 City Commission meeting, directed the
Administration to identify traffic calming measures to address speeding and other roadway safety
issues on Pine Tree Drive between 45th Street and 47th Street in collaboration with Miami-Dade
County Commissioner Sally Heyman's Office; and
WHEREAS, the Administration transmitted a letter to the County articulating the known
roadway safety concerns and requesting that the County include various short-term safety
improvements as part of a County roadway resurfacing project on Pine Tree Drive that was in
construction at that time; however, given that the County's project was nearing completion and
limited in scope and funding, the County recommended that a separate project be programmed
to address the safety concerns along this section of Pine Tree Drive; and
WHEREAS, City staff held various discussions with County staff and County
Commissioner Sally Heyman to review and finalize the scope of work of a safety project,
consisting of:
• Enhancing median landscaping between 46th Street and 47th Street;
• Installing reduced speed limit signs in the vicinity of 4539 Pine Tree Drive;
• Expanding median width between 45th Street and 46th Street;
• Removing traffic signal on Pine Tree Drive/Sheridan Avenue and 46th Street and replacing
with a traffic circle to improve intersection geometry; and
• Enhancing speed limit signage in the area; and
WHEREAS, the total project cost (including final design, construction, construction
engineering inspection, and contingency) is estimated to be $1.10 million; and
WHEREAS, a funding contribution, in the amount of $500,000, is being provided by
Miami-Dade County through County Commissioner Sally Heyman's Office; and
WHEREAS, The City is responsible for the remainder of the project costs($603,603)and
for managing the design and construction phases of the project; and
WHEREAS, the City's share of the project cost was approved as part of the Fiscal Year
2020/2021 Capital Budget; and
WHEREAS, in order to establish cost share responsibilities and agency roles in the
implementation of this safety project, the City Manager recommends that the Mayor and City
Commission approve, in substantial form, the Joint Participation Agreement between the City
and Miami-Dade County, Incorporated herein by reference and attached hereto as Exhibit"I".
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby approve, in substantial form, a Joint Participation Agreement between the
City and Miami-Dade County for geometric improvements on Pine Tree Drive, between 45th
Street and 47th Street, including a new traffic circle on Pine Tree Drive/Sheridan Avenue and 46th
Street; and further authorize the Mayor and City Clerk to execute the final agreement.
PASSED and ADOPTED this 14th day October, 2020.
ATTEST:
Dan Gelber, Mayor
k c.A.04
Rafael E. Granado, City Clerk
IIICOp4o A1 ED..'
APPROVED AS TO
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FORM & LANGUAGE
& FOR EXECUTION
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Date
City Attorney t�
Resolutions-R7 J
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: October 14, 2020
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING, IN SUBSTANTIAL FORM, A
JOINT PARTICIPATION AGREEMENT BETWEEN THE CITY AND MIAMI-
DADE COUNTY FOR GEOMETRIC IMPROVEMENTS ON PINE TREE
DRIVE, BETWEEN 45TH STREET AND 47TH STREET, INCLUDING A NEW
TRAFFIC CIRCLE ON PINE TREE DRIVE/SHERIDAN AVENUE AND 46TH
STREET; AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK
TO EXECUTE THE FINAL AGREEMENT.
RECOMMENDATION
The Administration recommends that the Mayor and City Commission adopt a resolution
authorizing the Mayor and City Clerk to execute a Joint Participation Agreement between the
City of Miami Beach and Miami-Dade County to establish provisions for project cost share and
agency roles in the design and construction of geometric improvements on Pine Tree Drive
between 45th Street and 47th Street, including a new roundabout on Pine Tree Drive/Sheridan
Avenue and 46th Street,to address roadway safety deficiencies.
BACKGROUND/HISTORY
Following a fatal motorcycle crash that occurred on the 4500 Block of Pine Tree Drive in
October 2019, the Transportation and Mobility Department and Miami Beach Police
Department conducted a joint safety audit of Pine Tree Drive between 42nd Street and 47th
Street. The analysis consisted of on-site inspections, speed data collection, and a review of
accidents along this section of the corridor.
At the October 31, 2019 City Commission meeting, Mayor Dan Gelber sponsored a discussion
item regarding roadway safety concerns on Pine Tree Drive. At the meeting, staff presented
the results of the safety audit. The City Commission directed the Administration to pursue
traffic calming measures to address speeding and other roadway safety issues on Pine Tree
Drive between 45th Street and 47th Street in collaboration with Miami-Dade County
Commissioner Sally Heyman's Office.
ANALYSIS
Pine Tree Drive is a major collector under the jurisdiction of Miami-Dade County. The corridor
has a posted speed limit of 30 miles per hour; however, data collected in 2019 indicated that the
Page 1134 of 1576
85th percentile speed is 40 miles per hour. In addition, a review of crash data for the past five
(5) years identified a total of 78 crashes between 42nd Street and 47th Street. Upon closer
review of the data, staff noticed that 16 crashes, including five (5) injury crashes and one (1)
fatal crash, have occurred at the horizontal curve at the 4500 Block of Pine Tree Drive in the
northbound direction.
Following the data analysis, staff visited the corridor and developed a series of
recommendations to improve roadway safety on Pine Tree Drive. Pursuant to City Commission
direction, the Administration transmitted a letter to the County articulating the known roadway
safety concerns and requesting that the County include various short-term safety improvements
as part of a County roadway resurfacing project on Pine Tree Drive that was in construction at
that time. However, given that the County's project was nearing completion and limited in scope
and funding, the County recommended that a separate project be programmed to address the
safety concerns along this section of Pine Tree Drive.
As such, City staff held various discussions with County staff and County Commissioner Sally
Heyman to review and finalize the scope of work of a safety project,consisting of:
• Enhancing median landscaping between 46th Street and 47th Street
• Installing reduced speed limit signs in the vicinity of 4539 Pine Tree Drive
• Expanding median width between 45th Street and 46th Street
• Removing traffic signal on Pine Tree Drive/Sheridan Avenue and 46th Street and
replacing with a traffic circle to improve intersection geometry
• Enhancing speed limit signage in the area
•
The Transportation and Mobility Department engaged an engineering consultant to develop a
preliminary design concept and an opinion of probable cost for the proposed safety
improvements (Attachment A). The total project cost (including final design, construction,
construction engineering inspection, contingency and OIG Fees) is estimated to be
$1,103,603.
A funding contribution in the amount of $500,000 is being provided by Miami-Dade County
through County Commissioner Sally Heyman's Office. The City is responsible for the
remainder of the project costs ($603,603) and for managing the design and construction
phases of the project. The City's share of the project cost was approved as part of the Fiscal
Year 2020/2021 Capital Budget.
In order to establish cost share responsibilities and agency roles in the implementation of the
safety project, a Joint Participation Agreement (J PA) between the City of Miami Beach and
Miami-Dade County is required (Attachment B). Once the JPA is approved by the City
Commission and the Board of County Commissioners, the City will engage a design firm to
prepare final engineering plans. The design phase is estimated to take 10 months (not
including County review process). Once a County permit for construction has been secured,
the City will engage a contractor to commence construction of the proposed safety
improvements. The project is estimated to take two (2) years to design and complete
construction.
FINANCIAL INFORMATION
The estimated total project cost is $1,103,603 with City of Miami Beach contributing $603,603.
Amount(s)/Account(s):
Page 1135 of 1576
158-9615-000356-30-403-521-00-00-00-65221 -$61,832.00
158-9615-000511-30-403-521-00-00-00-65221 -$420.00
158-9615-061357-30-410-522-00-00-00-65221 $66,661.00
158-9615-069351-30-410-522-00-00-00-65221 -$25,000.00
158-9615-069357-30-410-522-00-00-00-65221 -$449,690.00
CONCLUSION
Due to a high number of accidents on Pine Tree Drive between 45th Street and 47th Street,
including a fatality in October 2019, the Transportation and Mobility Department, in collaboration
with the Miami Beach Police Department, performed a safety audit of that segment of Pine
Tree Drive. The corridor has a posted speed limit of 30 miles per hour; however, data collected
in April 2019 indicated that the 85th percentile speed is 40 miles per hour, thus, speeding is
prevalent.
Following a review of the data, City staff worked closely with County staff and County
Commissioner Sally Heyman to identify improvements intended to address the known speeding
and safety issues along this section of Pine Tree Drive. The project scope, as approved by the
County, consists of various geometric and signage improvements, including replacing the
existing traffic signal at the intersection of Pine Tree Drive/Sheridan Avenue and 46th Street with
a new traffic circle.
A JPA between the City of Miami Beach and Miami-Dade County is required to establish
provisions for project cost sharing and project implementation. Miami-Dade County will
contribute $500,000 to the project, and the City will contribute $603,603 as well as procure and
manage the design, permitting, and construction phases of the project. The City's share was
approved as part of the Fiscal Year 2020/2021 Capital Budget. The project is expected to take
two (2)years to design and construction.
Applicable Area
Middle Beach
Is this a "Residents Right Does this item utilize G.Q.
to Know" item. pursuant to Bond Funds?
City Code Section 2-14?
No No
Strategic Connection
Mobility- Increase multi-modal mobility citywide and connectivity regionally.
Legislative Tracking
Transportation and Mobility
Sponsor
Mayor Dan Gelber
ATTACHMENTS:
Description
Page 1136 of 1576
❑ Attachment A- Concept and O PC
❑ Attachment B -JPA
❑ Resolution
i
Page 1137 of 1576
Attachment A: Traffic Circle Concept and Opinion of Probable Cost
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Page 1138 of 1576
Kimley>>>Horn
January 30, 2020
Josiel Ferrer-Diaz, P.E.
Assistant Director
City of Miami Beach
Transportation and Mobility Department
1688 Meridian Avenue, Suite 801, Miami Beach, FL 33139
RE: Pine Tree Opinion Probable Cost(OPC)
Dear Mr. Ferrer-Diaz,
We are pleased to provide you with the following quotation for the action items listed below:
1. 47th Street—46th Street: Landscape the median $13,500.00
2. 46th Street—45th Street: Reduce speed signs in front of 4539 $700.00
3. 46th Street—45th Street: Expand Median $33,600.00
4. 46th Street, between Pine and Sheridan: Remove traffic lights and install a traffic-calming
circle/oval. FPL transformer will need to be relocated $1,055,103.00
5. 44th Street—45th Street: Install speed limit strictly enforced signs (in front of Park) $700.00
Please see the attached backups for additional information and disclaimers. Please contact me at
(305)535-7750 or leo.almonte a kimlev-horn.com should you have any questions.
Very truly yours,
KIMLEY-HORN AND ASSOCIATES, INC.
'4,/A
By: 11111.M."Imonte, PE
As••ciate
C: Lilian Fernandez, El, Kimley-Horn
kimley-horn.com 355 Alhambra Circle, Suite 1400-Coral Gables. Florida 33134 305 673 2025
'age 11 • o 157.
City of Miami Beach
Pine Tree Drive and 46th Street
Opinion of Probable Construction Costs
Jan-2020
Item Description tat Unit Unit Price Total
1 47TH STREET-48TH STREET:MEDIAN LANDSCAPING 1 LS $13,50000 $13,500
2 48TH STREET-45TH STREET:REDUCE SPEED SIGNS IN FRONT OF 453E 2 EA $350.00 $700
3 48th STREET-45th STREET:EXPAND MEDIAN 1 LS $33000.00 $33,500
46TH STREET,BETWEEN PINE AND SHERIDAN:REMOVE TRAFFIC LIGHTS AND
4 INSTALL A TRAFFIC CALMING CIRCLE/OVAL FPL TRANSFORMER WILL NEED TO
BE RELOCATED t LS $1,062,780 $1.055.103
44TH STREET—45TH STREET INSTALL SPEED UMIT STRICTLY ENFORCED
5 SIGNS(IN FRONT OF PARK) 2 EA $350.00 $700
MIEN $1,103,503
Kimley.Hom and Associates,Inc.has no control over the cost of labor,materials,equipment.or services furnished by others,or over methods of determining price,or over
•
•
Page 1140 of 1576
City of Miami Beach
Pine Tree Drive and 46th Street
Opinion of Probable Construction Costs
• Jan-20
Estimated
Item Description Quantl Unit Unit Price Total
1 ROADWAY EXCAVATION 1,450 CY $8.00 $11,600
2 AGGREGATE BASE 4,100 SY $12.00 $49,200
3 HOT MIX ASPHALT 1.400 TON $120.00 $166,000
4 MILLING EXISTING ASPHALT 2,500 SY $3.00 $7,500
5 DETECTABLE WARNING SURFACE 360 SF $29.00 $10,440
6 MEDIAN CURB 1,400 LF $24.00 $33,600
7 CURB AND GUTTER 1,080 LF $25.00 $27,000
6 MINOR CONCRETE(MOUNTABLE CURB) 480 LF $20.00 $9,200
9 MINOR CONCRETE(SIDEWALK) 540 SY $50.00 $27,000
10 MINOR CONCRETE(TRUCK APRON)-STAMPED 215 SY $145.00 $31,175
11 6"THERMOPLASTIC STRIPING-WHITE 0.30 GM $825.00 $188
12 8"THERMOPLASTIC STRIPING-WHITE 0.10 GM $712.00 $71
13 6'THERMOPLASTIC STRIPING-YELLOW 0.35 GM $630.00 $221
14 12"THERMOPLASTIC STRIPING-WHITE(YIELD LINE) 0.03 GM $900.00 $24
15 SIGNING 1 LS $15,000.00 $15,000
16 STREETLIGHT REMOVAL 2 EA $600.00 $1,200
17 OVERHEAD POLE RELOCATION 1 LF $3,200.00 $3,200
18 EXISTING SIGNAL REMOVAL 1 LS $25,000.00 $25,000
19 LANDSCAPING(900 SY) 900 SY $15.00 $13,500
n - 1-,P,: :. ,_- . .
SUBTOTAL _- $433,118
DRAINAGE 1 LS 5% $21,855.89
LIGHTING 1 LS 2% $9,248.80
CLEARING AND GRUBBING • 1 LS 5% $21,656
MOBILIZATION 1 LS 10% $43,312
MAINTENANCE OF TRAFFIC 1 LS 10% $43,312
CONTINGENCY 1 LS 20% $86,624
UTILITY ADJUSTMENTS AND RELOCATIONS' 1 LS ilittil $190,000.00
-.Planning,Survey and Design - 1 LS 25% $212,231
CEI 1 LS 5% $42,447
1 - -- }
$1,103,603
Kimley-Hom and Associates,Inc.has no control over the cost of labor,materials,equipment,or services furnished by others,or over methods of determining price,or over
competitive bidding or market conditions. Any and all professional opinions as to costs reflected herein,including but not limited to professional opinions as to the costs of
construction materials,are made on the basis of professional experience and available data. Kimley-Hom and Associates,Inc.cannot and does not guarantee or warrant that
proposals,bids,or actual costs will not vary from the professional opinions of costs shown herein.
Unit prices are per FDOT Item Average Unit for 12 Month Average(2019)Miami Dade County(Area 13)
'Utllltles impact nests In be detemltned in coordination with utilities agencies owners as depending on the Legal Rights this casts wiil be paid by the utility agency owners,the
City of Miami Beach or a combination of both.
Page 1141 of 1576
JOINT PARTICIPATION AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH AND MIAMI-DADE COUNTY
FOR GEOMETRIC IMPROVEMENTS ON PINE TREE DRIVE BETWEEN 45TH
STREET AND 47TH STREET INCLUDING A NEW TRAFFIC CIRCLE ON PINE
TREE DRIVE/SHERIDAN AVENUE AND 46TH STREET
This AGREEMENT made and entered into this day of , 2020, by and between
the CITY OF MIAMI BEACH, FLORIDA, a municipal corporation of the STATE OF
FLORIDA, hereinafter referred to as the "City", and MIAMI-DADE COUNTY, a political
subdivision of the STATE OF FLORIDA, hereinafter referred to as the"County".
WITNESSETH
WHEREAS, both parties herein wish to facilitate the construction of a road
improvement project in MIAMI-DADE COUNTY, hereinafter referred to as the "Project"
described as follows:
The construction of roadway geometric along Pine Tree Drive from 45th Street to
47th Street including a new roundabout at Pine Tree Drive and 46th Street; and
WHEREAS, the City wishes to utilize the resources of the County to contract and
construct the Project, subject to the terms and conditions of this Agreement;
NOW, THEREFORE, in consideration of the promises and covenants contained
herein, the parties agree:
1. RgSPONSIBILITIES OF CITY:
1.1. Financial Provisions - Construction: The Project's construction cost
(Project Cost) is currently estimated to cost$1,103,603.00 (this amount includes a
30% contingency, preliminary engineering, and construction engineering inspection).
Subject to the provisions of Section 2.4 of this Agreement, the County agrees that it
sl EXHIBIT
Page 1t1 a of 1576
8
♦�
will, no later than twenty-one(21) calendar days after the County's execution of this
Agreement, disburse to the City funding, in the amount of $500,000.00 (County's
Contribution), for payment of the County's share of the estimated design and
construction costs of the Project. The City may utilize the County's Contribution for
payment of the Project design and construction costs. The County shall incur no
liability for any costs in excess of the amount of the County's Contribution amount
unless there has been a duly authorized increase approved by the Board of County
Commissioners. The City shall not be obligated to commence work if the County's
share of the construction cost is determined to be in excess of the amount of the
County's Contribution. If the bid amount exceeds the current estimated cost of the
Project, the City reserves the right to reject all bids and rebid.
The City intends to have its final and complete accounting of all costs incurred
in connection with the portion of the work paid from the County's Contribution, within
one hundred eighty (180) calendar days from the final payment of construction costs
for the Project (Final Payment). All construction cost records and accounts shall be
subject to audit by a representative of the County for a period of three(3) years after
. final close out of the construction. The County will be notified of Final Payment. Both
parties agree that in the event final accounting of the total construction costs for the
Project is less than the total deposit to date, a refund of the excess will be made by
the City to the County. If the final accounting is not performed within one hundred
eighty(180) calendar days, the City is not relieved from its obligation to pay.
1.2. Proiect Cost Adlustment: The amount contributed by the County is based on the
current estimated costs of the Project. The parties recognize that adjustments to the
above referenced cost may be required in the future, and that at the options of
2
Page 1154 of 1576
the parties, amendments may be entered into to revise the funds available for the
Project. Provided that there is no increase in the amount of the County's
Contribution, required as stated in Section 1.2, amendments may be executed by
the City Manager and the County Mayor or County Mayor's designee without the
need for approval by the City Commission and County Commission. Otherwise,
further funding commitments shall be subject to the approvals of the parties'
respective governing boards.
1.3. Maintenance: The County shall be solely responsible for maintenance of the
Project upon completion of construction.
2. RESPONSIBILITIES OF CITY:
2.1.Public Information and Involvement: The City will implement a Public
Involvement Plan (PIP) during the construction of the Project to provide
information to property owners, tenants, and area residents, including but not
limited to: public meetings, Project documentation and flyers, business signs,
directional parking signs, and schedules for major work to be performed in the
area. Appropriate investigation of the Projectstakeholders will be used to develop
the goals and objectives to implement the PIP.
2.2.Publicity: By the acceptance of these funds, the City agrees that the activities
funded by this Agreement shall recognize and adequately reference the County
as a funding source.
2.3. Accounting: The City shall at all times maintain separate accounting for the
costs of the Project so those costs may be independently verified and audited by
the County, at the request and cost of the County. The City agrees to permit the
County auditors to inspect the books, records and accounts of the Project for three
3
Page 1155 of 1576
(3) years after completion of the Project. These records shall be made available to
the County for inspection within five(5)business days upon written receipt of a written
request from the County.
2.4.Construction: The City shall procure the services of a licensed contractor
holding and engineering contractor's license to perform the work required for the
Project. The City may award the contract through any available lawful means
which, in the City's discretion, affords the most competitive price for the Project
and which may include, but is not limited to, job order contract, bid solicitation,
request for proposals, the award of a change order on existing City contract(s), or
the extension of unit- prices provided in connection with prior competitive bid
awards. Notwithstanding any provision to the contrary, the City shall comply with
all applicable City contract compliance and oversight measures.
The construction contract shall also contain a requirement that the
contractor(s) provide a payment and performance bond at least in the amount and
form required by state law naming the City and the County as joint obligees or
joint contracting public entities. The construction contract shall contain a
contingency amount to address unforeseen conditions and other required
changes which shall not exceed ten percent (10%) of the base amount of the
contract.
The County agrees that the selection, retention and discharge of such
contractor shall be the responsibility of the City.
2.5. Claims and Change Orders: The City shall notify the County's
Department of Transportation and Public Works Department Director or designee
in writing when claims or change orders arise. The City shall also invite the County
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Page 1156 of 1576
to participate in negotiations of these claims and change orders. The County shall
review and make a determination or approval of all change orders or supplemental
agreements, permits, modifications of plans, or other requests for approvals
submitted by the County within ten (10) calendar days.
2.6.Construction Administration and Inspection: The City shall exercise all
responsibilities of the owner under the construction contract, including
construction administration and inspections. The City may delegate this function
to an authorized agent or Construction Engineering inspection (CEI) consultant.
The County's inspector or a consultant of the County shall have an oversight role in
the routine daily inspections for the Project. In the case of a disagreement over
the interpretation of the plans, the City's Public Works Director, or their designee,
shall have final authority. The County's designated representative and the City's
designated representative shall jointly perform the Inspection of the Project which
immediately precedes substantial completion.
2.7. Coordination with Miami-Dade County Public Sctogls; Due to potential
safety, operational and bus transportation impacts, the City shall coordinate with
Miami-Dade Public Schools staff to implement maintenance of traffic measures.
3. COMPLIANCE WITH LAWS: The parties shall comply with applicable federal, state
and local laws, codes, ordinances, rules and regulations in performing their respective
duties, responsibilities, and obligations pursuant to this Agreement and with all
applicable laws relating to the Project. The parties shall not unlawfully discriminate in
the performance of their respective duties under this Agreement.
4. PROJECT SIGNAGE: The City shall furnish and install a Project sign in each
direction of traffic indicating that this project is being funded in coordination with the
• 5
Page 1157 of 1576
County, in proximity to the start/end of the Project limits. Should Maintenance of
Traffic(MOT) signage be required as part of the work, the Project sign shall be placed
an appropriate distance before the MOT signage range. The Project signs shall
remain in place for the duration of the work oras directed by the Project engineer.
5. INQIMMNIFICATION: To the extent authorized by Florida law, the City hereby agrees
to indemnify, defend, save and hold harmless the County to the extent of all the
limitations included with Section 768.28, Florida Statutes, from all claims, demands,
liabilities and suits of any nature whatsoever arising out of, because of or due to the
breach of this Agreement by the City, its agents or employees. It is specifically
understood and agreed that this indemnification clause does not cover or indemnify
the County for its sole negligence or breach of contract.
To the extent authorized by Florida law, the County hereby agrees to indemnify,
defend, save and hold harmless the City to the extent of all the limitations included in
Section 768.28, Florida Statutes, from all claims, demands, liabilities and suits of any
nature whatsoever arising out of, because of or due to the breach of this Agreement by
the County, its agents or employees. It is specifically understood and agreed that this
indemnification clause does not cover or indemnify the City for its sole negligence or
breach of contract.
• In the event of breach or non-performance by the persons selected by the City
to perform the work, the City shall, upon written request by the County, assign to the
County any and all of its rights under the affected contract for purposes of the County's
prosecution of claims, actions or causes of action resulting from such breach or non-
performance unless the City pursues such claims, actions or causes of action through
arbitration, administrative proceeding or lawsuit.The City agrees to cooperate fully with
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Page 1158 of 1576
the County in the prosecution of any such claim or action. Any damage recovered by the
County which is attributable to an expenditure by the City shall be returned to the City
by the County, within sixty (60) business days of receipt.
6. DISPUTE RESOLUTION. APPLICABLE LAW: The parties shall resolve any
disputes, controversies or claims between them arising out of this Agreement in
accordance with the "Florida Governmental Conflict Resolution Act", Chapter 164,
Florida Statutes, as amended. This Agreement shall be governed by the laws of the
State of Florida.Venue in any proceedings shall be in Miami-Dade, Florida. Each party
will bear its own attorney's fees.
7. ENTIRE AGREEMENT. AMENDMENTS: This document incorporates and includes
all prior negotiations, correspondence, conversations, agreements and
understandings applicable to the matters contained herein and the parties agree that
there are no commitments, agreements, or understandings concerning the subject
matter of this Agreement that are not contained in this document. Accordingly, the
parties agree that no deviation from the terms hereof shall be predicated upon any
prior representations or agreements, whether oral or written. It is further agreed that
no modification, amendment or alteration in the terms contained herein shall be
effective unless set forth in writing in accordance with this section. No modification,
amendment or alteration in the terms or conditions contained herein shall be effective
unless contained in a written document prepared with the same or similar formality as
this Agreement and executed by the parties.
8. JOINT PREPARATION: The parties acknowledge that they have sought and received
whatever competent advice and counsel as was necessary for them to form a full and
complete understanding of all rights and obligations herein and that the preparation of
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Page 1159 of 1576
this Agreement has been their joint effort. The language agreed to expresses their
mutual intent and the resulting document shall not, solely as a matter of judicial
construction, be construed more severely against one of the parties from the other.
9. SEVERANCE: In the event a portion of this Agreement is found to be invalid by a court
of competent jurisdiction, the remaining provisions shall continue to be effective unless
the City or County elect to terminate this Agreement. An election to terminate this
Agreement based upon this provision shall be made within seven (7) business days
after the finding by the court becomes final.
10.NOTICES:Any and all notices required to be given under this Agreement shall be sent
by first class mail, addressed as follows:
To the County:
Attention: Alice N. Bravo,P.E.
Director, Department of Transportation and Public Works
Miami-Dade County
701 NW 1 Court, Suite 1700
Miami, Florida 33136
(786) 469-5406
To the City:
Attention: José R. Gonzalez, P.E.
Director, Transportation and Mobility Department
City of Miami Beach
1688 Meridian Avenue, Suite 801
Miami Beach, FL 33139
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IN WITNESS WHEREOF, the parties hereto set their hands and official seals the
day and year first above written,
ATTEST: MIAMI-DADE COUNTY, FLORIDA,
BY ITS BOARD OF
HARVEY RUVIN COUNTY COMMISSIONERS
CLERK OF THE BOARD
BY: BY:
Deputy Clerk County Mayor or County Mayor's Designee
Approved by County Attorney
as to form and legal sufficiency
County Attorney
ATTEST: CITY OF MIAMI BEACH, FLORIDA, a municipal
corporation of the State of Florida
BY: BY:
City Clerk Mayor
(Affix City Seal)
Approved by City Attorney
As to legal form and correctness
City Attorney
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