Resolution 2022-32296 RESOLUTION NO: 2022-32296
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
. MIAMI BEACH, FLORIDA, APPROVING, IN SUBSTANTIAL FORM, A
CONSTRUCTION AGREEMENT WITH THE FLORIDA DEPARTMENT OF
TRANSPORTATION (FDOT) IN CONNECTION WITH CONSTRUCTION OF THE
CITY'S INTELLIGENT TRANSPORTATION SYSTEM (ITS)AND SMART PARKING
SYSTEM (SPS) PROJECT ALONG FDOT RIGHTS-OF-WAY; AND FURTHER
AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONSTRUCTION
AGREEMENT AND ANY CORRESPONDING MAINTENANCE MEMORANDUM OF
AGREEMENT (MMOA), BETWEEN THE CITY AND FDOT, RELATING TO THE
MAINTENANCE OF THE PROJECT IMPROVEMENTS.
WHEREAS, on October 18,2017, the Mayor and City Commission adopted Resolution No.
2017-30064, accepting the recommendation of the City Manager to award an agreement, pursuant
to Request for Proposals No. 2016-199-KB for Design, Build, Operate, and Maintain Services for an
Intelligent Transportation System (ITS) and Smart Parking system (SPS), to TransCore ITS, LLC
("TransCore"), as the top-ranked proposer, and authorized the Administration to enter into
negotiations with TransCore; and
WHEREAS, on April 16, 2019, the City and TransCore executed a
Design/Build/Operate/Maintain,Agreement for citywide ITS and SPS services; and
WHEREAS, the work associated with this project includes the installation of various ITS
devices supporting Traveler Information System, consisting of 2 Freeway Dynamic Message Signs
on the MacArthur and Julia Tuttle causeways, 24 Arterial Dynamic Message Signs along major
throughfares, and real-time data collection devices at 23 locations throughout the City; and
WHEREAS, in addition, 21 Closed-Circuit Television cameras will be installed to support
situational awareness and traffic monitoring and SPS devices will be installed at 10 city parking
garages and 5 surface parking lots to disseminate real-time parking availability; and
WHEREAS,once completed,this network will give the City the ability to monitor and manage
traffic congestion and report real-time traffic and parking conditions to motorists; and
WHEREAS, the project planning and design development phases were closely coordinated
with the Florida Department of Transportation (FDOT) and Miami-Dade County Department of
Transportation and Public Works; and
WHEREAS, the first phase of the ITS/SPS project, currently in construction, consists of
nearly 20 miles of the City's arterial roadway network which will be managed in real-time from a
Transportation Management Center(TMC)established in conjunction with the FDOT SunGuide TMC
located at FDOT District 6; and
WHEREAS, a future phase of the ITS/SPS project is proposed to provide coverage along all
major thoroughfares in the City; and
WHEREAS, at this time, TransCore is ready to commence the installation of the ITS
infrastructure programmed for the first phase of the project during the winter season of this year; and
WHEREAS, given that most of the devices are being installed within FDOT rights-of-way,
FDOT is requesting that the City execute a Construction Agreement (CA) for the construction
of the ITS-related improvements to be located on the FDOT right-of-way; and
WHEREAS, all ITS/SPS devices installed on FDOT right-of-way will be property of the
City; and the City will be responsible for the operation and maintenance of these devices; and
WHEREAS, the CA delineates the design, construction, and maintenance related
responsibilities in connection with ITS improvements, including the requirement that the City
and FDOT enter into a Maintenance Memorandum of Agreement (MMOA), requiring the City
to maintain the constructed project improvements located on the FDOT right-of-way; and
WHEREAS, once completed, the ITS/SPS project will utilize state-of-the-art technology to
monitor and manage traffic congestion throughout the City more effectively and efficiently as well as
to report real-time traffic and parking conditions to motorists, thus improving mobility and quality-of-
life of our residents, visitors, and workforce; and
WHEREAS, in order for the City to meet key project milestones and advance the
implementation of the ITS/SPS project, the Administration recommends that the Mayor and City
approve, in substantial form, the Construction Agreement attached as Exhibit "A" to the City
Commission Memorandum accompanying this Resolution and further authorize the City Manager
to execute the Construction Agreement and any related Maintenance Memorandum of Agreement
with FDOT in connection with the maintenance of the constructed project improvements.
•
NOW, THEREFORE, BE IT 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 Construction Agreement with the Florida Department of Transportation (FDOT)
in connection with construction of the City's Intelligent Transportation System (ITS) and Smart
Parking System (SPS) project along FDOT rights-of-way; and further authorize the City Manager to
execute the Construction Agreement and any corresponding Maintenance Memorandum of
Agreement (MMOA), between the City and FDOT, relating to the maintenance of the project
improvements.
PASSED and ADOPTED this 14th day of September 2022.
ATTEST: `g�,Mt.B �tia
NCORP GRATED' '
-, �� Dan Gelber, Mayor
cH 26-��-_
Rafael E. ranado, City Clerk
SEP 2 1 2022
APPROVED AS TO
FORM & LANGUAGE
FOR EXECUTION
City Attorneys o r Date
Resolutions-C7 AA
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Alina T. Hudak, City Manager
DATE: September 14, 2022.
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING, IN SUBSTANTIAL FORM, A
CONSTRUCTION AGREEMENT WITH THE FLORIDA DEPARTMENT OF
TRANSPORTATION (FDOT) IN CONNECTION WITH CONSTRUCTION OF
THE CITY'S INTELLIGENT TRANSPORTATION SYSTEM (ITS) AND
SMART PARKING SYSTEM (SPS) PROJECT ALONG FDOT RIGHTS-OF-
WAY; AND FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE
THE CONSTRUCTION AGREEMENT AND ANY CORRESPONDING
MAINTENANCE MEMORANDUM OF AGREEMENT (MMOA), BETWEEN
THE CITY AND FDOT, RELATING TO THE MAINTENANCE OF THE
PROJECT IMPROVEMENTS.
RECOMMENDATION
The Administration recommends that the Mayor and City Commission adopt the Resolution.
BACKGROUND/HISTORY
On October 18,2017, the Mayor and City Commission adopted Resolution No. 2017-30064,
accepting the recommendation of the City Manager to award an agreement, pursuant to
Request for Proposals No.2016-199-KB for Design, Build, Operate, and Maintain Services for
an Intelligent Transportation System (ITS) and Smart Parking system (SPS), to TransCore, as
the top-ranked proposer, and authorized the Administration to enter into negotiations with
TransCore.
On April 16, 2019, the City and TransCore executed a Design/Build/Operate/Maintain
Agreement for citywide ITS and SPS services. The work associated with this project includes
the installation of various ITS devices supporting Traveler Information System, consisting of 2
Freeway Dynamic Message Signs on the MacArthur and Julia Tuttle causeways, 24 Arterial
Dynamic Message Signs along major throughfares, and real-time data collection devices at 23
locations throughout the City. In addition,21 Closed-Circuit Television cameras will be installed
to support situational awareness and traffic monitoring. Furthermore, SPS devices will be
installed at 10 city parking garages and 5 surface parking lots to disseminate real-time parking
availability. Once completed, this network will give the City the ability to monitor and manage
traffic congestion and report real-time traffic and parking conditions to motorists.
Page 560 of 1700
The project planning and design development phases were closely coordinated with the Florida
Department of Transportation (FDOT) and Miami-Dade County Department of Transportation
and Public Works. The first phase of the ITS/SPS project, currently in construction, consists of
nearly 20 miles of the City's arterial roadway network which will be managed in real-time from a
Transportation Management Center (TMC) established in conjunction with the FDOT
SunGuide TMC located at FDOT District 6. A future phase of the ITS/SPS project is
proposed to provide coverage along all major thoroughfares in the City.
ANALYSIS
At this time, TransCore is ready to commence the installation of the ITS infrastructure
programmed for the first phase of the project in winter of this year. Given that most of the
devices are being installed within FDOT rights-of-way, FDOT is requesting that the City execute
a Construction Agreement and corresponding Maintenance Memorandum of Agreement for the
construction and maintenance of the ITS-related improvements on FDOT right-of-way. The
Construction Agreement and corresponding Maintenance Memorandum of Agreement
delineate design, construction, and maintenance related responsibilities in connection with
ITS/SPS improvements. The Attachment includes the Construction Agreement. The
corresponding Maintenance Memorandum of Agreement is being drafted by FDOT and will be
reviewed by the City Attorneys Office and Transportation and Mobility Department staff prior to
execution. All ITS/SPS devices installed on FDOT rights-of-way will be property of the City;
and the City will be responsible for the operation and maintenance of these devices.
SUPPORTING SURVEY DATA
According to the 2022 Resident. Survey, 76.9% of residents use their personal vehicle as a
primary mode of transportation for trips within Miami Beach (7% increase as compared to the
2019 survey); and 84.3% use their personal vehicle as a primary mode of transportation for the
cross-causeway trips (5% increase as compared to the 2019 survey).
FINANCIAL INFORMATION
Costs associated with the design and construction of the ITS/SPS project are included in
Capital Project No. 28080. Costs associated with the annual operation and maintenance of the
ITS/SPS project will be included in the Transportation and Mobility Department's Operating
Budget in FY 2022/23 and future years.
CONCLUSION
Once completed, the ITS/SPS project will utilize state-of-the-art technology to monitor and
manage traffic congestion throughout the City more effectively and efficiently as well as to report
real-time traffic and parking conditions to motorists, thus improving mobility and quality-of-life of
our residents,visitors,and workforce.
In order for the City to meet key project milestones and advance the implementation of the
ITS/S PS project, the Administration recommends that the Mayor and City Commission adopt
the Resolution approving, in substantial form, a Construction Agreement with FDOT in
connection with the construction of the City's ITS/SPS project along FDOT rights-of-way; and
further authorizing the City Manager and City Clerk to execute the Construction Agreement and
any corresponding Maintenance Memorandum of Agreement with FDOT related to the
maintenance of the proposed improvements.
Page 561 of 1700
Applicable Area
Citywide
Is this a"Residents Right Does this item utilize G.O.
to Know" item. pursuant to Bond Funds?
City Code Section 2-14?
No No
Strategic Connection
Mobility-Address traffic congestion.
Legislative Trackina
Transportation and Mobility
ATTACHMENTS:
Description
❑ Attachment
❑ Resolution
Page 562 of 1700
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 850-040-89
CONSTRUCTION AGREEMENT MAINTENANCE
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Construction Agreement No.: 2021-C-691-00034
THIS CONSTRUCTION AGREEMENT(this"Agreement")is made and entered into by and between the State of Florida,
Department of Transportation,(Address) 1001 NW 111 Ave,Miami, FL 33172
(hereinafter referred to as the"DEPARTMENT")and City of Miami Beach,Florida
(Address) 1700 Convention Center Drive,Miami Beach,FL 33139 (hereinafter referred to as the"Construction Coordinator").
WITNESSETH:
WHEREAS, the DEPARTMENT is authorized and required by Section 334.044(13), Florida Statutes, to coordinate the
planning,development,and operation of the State Highway System;and
WHEREAS, pursuant to Section 339.282, Florida Statutes,the DEPARTMENT may contract with a property owner to finance,
construct,and improve public transportation facilities;and
WHEREAS,the Construction Coordinator proposes to construct certain improvements to
SR SR 907 Section 037 Subsection 000 from Begin MP 3.628 to End MP 3.827
Local Name DMS-2 located in Miami-Dade County(hereinafter
referred to as the"Project");and
WHEREAS,the parties desire to enter into this Agreement for the Construction Coordinator to make improvements within the
DEPARTMENTS right of way to construct the Project,which will become the property of the Department upon acceptance of the work.
NOW, THEREFORE, based on the premises above, and in consideration of the mutual covenants contained herein, the
parties hereby agree that the construction of the Project shall proceed in accordance with the following terms and conditions:
1. The recitals set forth above are specifically incorporated herein by reference and made a part of this Agreement. The
Construction Coordinator is authorized, subject to the conditions set forth herein,to enter the DEPARTMENT'S right of way to perform
all activities necessary for the construction of See attached exhibit A scope of services/special provisions.
2. The Project shall be designed and constructed in accordance with the latest edition of the DEPARTMENT'S Standard
Specifications for Road and Bridge Construction and DEPARTMENT Design Standards and Manual of Uniform Traffic Control Devices
("MUTCD"). The following guidelines shall apply as deemed appropriate by the DEPARTMENT:the DEPARTMENT Structures Design
Manual, AASHTO Guide Specifications for the Design of Pedestrian Bridges, AASHTO LRFD Bridge Design Specifications, the
DEPARTMENT Plans Preparation Manual("PPM")Manual for Uniform Minimum Standards for Design, Construction and Maintenance
for Streets and Highways (the "Florida Green Book") and the DEPARTMENT Traffic Engineering Manual. The Construction
Coordinator will be required to submit any construction plans required by the DEPARTMENT for review and approval prior to any work
being commenced. Should any changes to the plans be required during construction of the Project,the Construction Coordinator shall
be required to notify the DEPARTMENT of the changes and receive approval from the DEPARTMENT prior to the changes being
constructed. The Construction Coordinator shall maintain the area of the project at all times and coordinate any work needs of the
DEPARTMENT during construction of the project.
3. The Construction Coordinator shall notify the DEPARTMENT a minimum of 48 hours before beginning construction
within DEPARTMENT right of way. The Construction Coordinator shall notify the DEPARTMENT should construction be suspended for
more than 5 working days.
4. Pursuant to Section 7-13 of the DEPARTMENT Standard Specifications, the Construction Coordinator is required to
possess a general liability insurance naming the DEPARTMENT as an additional insured and insuring the DEPARTMENT and the
Construction Coordinator against any and all claims for injury or damage to persons and property,and for the loss of life or property that
may occur (directly or indirectly) by reason of the Construction Coordinator accessing DEPARTMENT right of way and the
Construction Coordinator's performance of the Project. Such amount shall be carried in a minimum amount of not less than
One Million Dollars and 00/100 Dollars($ 1000000 )for bodily injury or death to any one person
or any number of persons in any one occurrence,and not less than One Million Dollars and 00/100 Dollars
($ 1000000 )for property damage,or a combined coverage of not less than Two Million Dollars and
00/100 Dollars($ 2000000 ). Additionally, the Construction Coordinator shall supply the DEPARTMENT with a
payment and performance bond in the amount of the estimated cost of construction, provided by a surety authorized to do business in
the State of Florida,payable to the DEPARTMENT. The bond and insurance shall remain in effect until completion of construction and
acceptance by the DEPARTMENT. Prior to commencement of the Project and on such other occasions as the DEPARTMENT may
reasonably require, the Construction Coordinator shall provide the DEPARTMENT with certificates documenting that the required
insurance coverage is in place and effective. If the Construction Coordinator is a governmental entity they will be exempt from these
requirements.
5. The Construction Coordinator shall be responsible for monitoring construction operations and the maintenance of
traffic("MOT")throughout the course of the project in accordance with the latest edition of the DEPARTMENT Standard Specifications,
section 102. The Construction Coordinator is responsible for the development of a MOT plan and making any changes to that plan as
necessary. The MOT plan shall be in accordance with the latest version of the DEPARTMENT Design Standards, Index 600 series.
Any MOT plan developed by the Construction Coordinator that deviates from the DEPARTMENT Design Standards must be signed and
sealed by a professional engineer. MOT plans will require approval by the DEPARTMENT prior to implementation.
6. The Construction Coordinator shall be responsible for locating all existing utilities, both aerial and underground, and
for ensuring that all utility locations be accurately documented on the construction plans. All utility conflicts shall be fully resolved
directly with the applicable utility.
Page 563 of 1700
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7. The Construction Coordinator will be responsible for obtaining all permits that
may be required by other agencies or local governmental entities.
8. It is hereby agreed by the parties that this Agreement creates a permissive use only and all improvements resulting
from this agreement shall become the property of the DEPARTMENT. Neither the granting of the permission to use the DEPARTMENT
right of way nor the placing of facilities upon the DEPARTMENT property shall operate to create or vest any property right to or in the
Construction Coordinator, except as may otherwise be provided in separate agreements. The Construction Coordinator shall not
acquire any right, title, interest or estate in DEPARTMENT right of way, of any nature or kind whatsoever, by virtue of the execution,
operation, effect, or performance of this Agreement including, but not limited to, the Construction Coordinator's use, occupancy or
possession of DEPARTMENT right of way. The parties agree that this Agreement does not,and shall not be construed to,grant credit
for any future transportation concurrency requirements pursuant to chapter 163,Florida Statutes.
9. The Construction Coordinator shall perform all required testing associated with the design and construction of the
project. Testing results shall be made available to the DEPARTMENT upon request. The DEPARTMENT shall have the right to
perform its own independent testing during the course of the Project.
10. The Construction Coordinator shall exercise the rights granted herein and shall otherwise perform this Agreement in
a good and workmanlike manner, with reasonable care, in accordance with the terms and provisions of this Agreement and all
applicable federal, state, local, administrative, regulatory, safety and environmental laws, codes, rules, regulations, policies,
procedures, guidelines, standards and permits, as the same may be constituted and amended from time to time, including, but not
limited to, those of the DEPARTMENT, applicable Water Management District, Florida Department of Environmental Protection,
Environmental Protection Agency,the Army Corps of Engineers,the United States Coast Guard and local governmental entities.
11. If the DEPARTMENT determines a condition exists which threatens the public's safety, the DEPARTMENT may, at
its discretion,cause construction operations to cease and immediately have any potential hazards removed from its right of way at the
sole cost, expense, and effort of the Construction Coordinator. The Construction Coordinator shall bear all construction delay costs
incurred by the DEPARTMENT.
12. All work and construction shall be completed within 384 days of the date of the last signature affixed to this
agreement. If construction is not completed within this time,the DEPARTMENT may make a claim on the bond. The DEPARTMENT
may terminate this Agreement at any time,with or without cause and without DEPARTMENT liability to the Construction Coordinator,
by providing sixty(60)days prior written notice of termination to the Construction Coordinator.
13. The Construction Coordinator shall be responsible to maintain and restore all features that might require relocation
within the DEPARTMENT right of way.
14. The Construction Coordinator will be responsible for clean up or restoration required to correct any environmental or
health hazards that may result from construction operations.
15. Upon completion of construction,the Construction Coordinator will be required to submit to the DEPARTMENT final
as-built plans and an engineering certification that construction was completed in accordance to the plans. Prior to the termination of
this Agreement, the Construction Coordinator shall remove its presence, including, but not limited to, all of the Construction
Coordinator's property,machinery,and equipment from DEPARTMENT right of way and shall restore those portions of DEPARTMENT
right of way disturbed or otherwise altered by the Project to substantially the same condition that existed immediately prior to the
commencement of the Project.
16. If the DEPARTMENT determines that the Project is not completed in accordance with the provisions of this
Agreement,the DEPARTMENT shall deliver written notification of such to the Construction Coordinator. The Construction Coordinator
shall have thirty (30) days from the date of receipt of the DEPARTMENT'S written notice, or such other time as the Construction
Coordinator and the DEPARTMENT mutually agree to in writing, to complete the Project and provide the DEPARTMENT with written
notice of the same(the"Notice of Completion"). If the Construction Coordinator fails to timely deliver the Notice of Completion,or if it is
determined that the Project is not properly completed after receipt of the Notice of Completion,the DEPARTMENT,within its discretion
may: 1) provide the Construction Coordinator with written authorization granting such additional time as the DEPARTMENT deems
appropriate to correct the deficiency(ies); or 2) correct the deficiency(ies) at the Construction Coordinator's sole cost and expense,
without DEPARTMENT liability to the Construction Coordinator for any resulting loss or damage to property, including, but not limited
to, machinery and equipment. If the DEPARTMENT elects to correct the deficiency(ies), the DEPARTMENT shall provide the
Construction Coordinator with an invoice for the costs incurred by the DEPARTMENT and the Construction Coordinator shall pay the
invoice within thirty(30)days of the date of the invoice.
17. 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. The DEPARTMENT'S
liability for breach of this Agreement is limited in amount and shall not exceed the limitations of liability for tort actions as set forth in
Section 768.28(5),Florida Statutes.
18. All formal notices, proposed changes and determinations between the parties hereto and those required by this
Agreement, including,but not limited to,changes to the notification addresses set forth below,shall be in writing and shall be sufficient if
mailed by regular United States mail,postage prepaid,to the parties at the contact information listed below:
To Construction Coordinator: City of Miami Beach, Florida, 1700 Convention Center Drive, Miami Beach, FL 33139/Attention:
Transportation Department Director;
To Department: State of Florida Department of Transportation, 1001 NW 111th Ave.,Miami, Florida 33172/Attention:
19. The Construction Coordinator shall not cause any liens or encumbrances to attach to any portion of DEPARTMENT right of
way.
20. 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 Miami-Dade County,Florida.
21. The Construction Coordinator may not assign, pledge or transfer any of the rights,duties and obligations provided in
this Agreement without the prior written consent of the DEPARTMENTS District Secretary or his/her designee. The DEPARTMENT
has the sole discretion and authority to grant or deny pro MOWN,with or without cause. Nothing herein shall prevent the
Construction Coordinator from delegating its duties hereunder, but such delegation shall not release the Construction Coordinator from
its obligation to perform this Agreement.
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MAINTENANCE
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22. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors
and assigns. Nothing in this Agreement is intended to confer any rights, privileges, benefits, obligations or remedies upon any other
person or entity except as expressly provided for herein.
23. This instrument,together with the attached exhibits and documents made part hereof by reference, contain the entire
agreement of the parties and no representations or promises have been made except those that are specifically set out in this
Agreement. All prior and contemporaneous conversations, negotiations, possible and alleged agreements and representations,
covenants, and warranties with respect to the subject matter of this Agreement,and any part hereof, are waived, merged herein and
superseded hereby.
24. By their signature below, the parties hereby acknowledge the receipt, adequacy and sufficiency of consideration
provided in this Agreement and forever waive the right to object to or otherwise challenge the same.
25. The failure of either party to insist on one or more occasions on the strict performance or compliance with any term or
provision of this Agreement shall not be deemed a waiver or relinquished in the future of the enforcement thereof,and it shall continue in
full force and effect unless waived or relinquished in writing by the party seeking to enforce the same.
26. No term or provision of this Agreement shall be interpreted for or against any party because that party or that party's
legal representative drafted the provision.
27. If any section, paragraph, clause or provision of this Agreement is adjudged by a court, agency or authority of
competent jurisdiction to be invalid, illegal or otherwise unenforceable, all remaining parts of this Agreement shall remain in full force
and effect and the parties shall be bound thereby so long as principle purposes of this Agreement remain enforceable.
28. 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.
29. To the extent allowable, and subject to the limitation on
Construction Coordinator's liability, as set forth in Section 768.28, Florida Statutes,
Construction Coordinator agrees to promptly indemnify, defend, save and hold harmless the DEPARTMENT and all of its
officers, agents and employees from and pay all demands, claims, judgments, liabilities, damages, fines, fees, taxes,
assessments,penalties, costs, expenses, attorneys' fees and suits of any nature or kind whatsoever caused by, or arising out of or
related to the performance or breach of this Agreement by the Construction Coordinator, including, without limitation, performance
of the Project within the DEPARTMENT'S right of way. The term "liabilities" shall specifically include, without limitation, any act,
action, neglect or omission by the Construction Coordinator, its officers, agents, employees or representatives in any way
pertaining to this Agreement, whether direct or indirect, except that neither the Construction Coordinator 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, intentional or wrongful acts of the DEPARTMENT or any of its officers, agents or employees. The
Construction Coordinator shall notify the DEPARTMENT in writing immediately upon becoming aware of such liabilities. The
Construction Coordinator's inability to evaluate liability, or its evaluation of liability, shall not excuse performance of the provisions
of this paragraph. Nothing contained in this Agreement shall be interpreted as a waiver of Construction Coordinator's sovereign
immunity. The indemnities assumed by the Construction Coordinator shall survive termination of this Agreement.
30. Coordinator:
(1) 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 Construction Coordinator during the term of the contract;
and
(2) 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 contract term.
31. COMPLIANCE WITH LAWS
The Construction Coordinator shall allow public access to all documents, papers,letters, or other material subject to
the provisions of Chapter 119,Florida Statutes,and made or received by the Construction Coordinator in conjunction
with this Agreement. Specifically, if the Construction Coordinator is acting on behalf of a public agency the
Construction Coordinator shall:
(1) Keep and maintain public records that ordinarily and necessarily would be required by the Department
in order to perform the services being performed by the Construction Coordinator.
(2) Provide the public with access to public records on the same terms and conditions that the Department
would provide the records and at a cost that does not exceed the cost provided in Chapter 119,Florida
Statutes,or as otherwise provided by law.
(3) Ensure that public records that are exempt or confidential and exempt from public records disclosure
requirements are not disclosed except as authorized by law.
(4) Meet all requirements for retaining public records and transfer,at no cost,to the Department all public
records in possession of the Construction Coordinator upon termination of the contract and destroy any
duplicate public records that are exempt or confidential and exempt from public records disclosure
requirements. All records stored electronically must be provided to the Department in a format that is
compatible with the information technology systems of the Department. Failure by the Construction
Coordinator to grant such public access shall be grounds for immediate unilateral cancellation of this
Agreement by the Department. The Construction Coordinator shall promptly provide the Department
with a copy of any request to inspect or copy public records in possession of the Construction
Coordinator and shall promptly provide the Department a copy of the Construction Coordinator's
response to each such request.
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CONSTRUCTION COORDINATOR CONTACT INFORMATION
Name Title
Office No. Cell Email
Name Title
Office No. Cell Email
Mail Address
IN WITNESS WHEREOF, Construction Coordinator and the DEPARTMENT have executed this Agreement for the purposes
herein expressed on the dates indicated below.
CONSTRUCTION COORDINATOR DEPARTMENT OF TRANSPORTATION
By: (Signature) By: (Signature)
(Print Name) (Print Name)
(Title) (Title)
(Date) (Date)
Legal Review:
Page 566 of 1700
SPECIAL PROVISIONS FOR PERMIT# 2021-C-691-00034
CITY OF MIAMI BEACH INSTALLATION OF DMS/ADMS STRUCTURES
1. FDOT PRE-QUALIFIED CONTRACTOR IS REQUIRED FOR THIS PERMIT PROJECT.
2. THE CITY OF MIAMI BEACH,FLORIDA IS THE PERMITTEE/APPLICANT AND THE OWNER ON THIS
PROJECT.
3. THE CITY OF MIAMI BEACH,FLORIDA IS THE"CONSTRUCTION COORDINATOR"ON THIS PROJECT.
4. THE CONSTRUCTION COORDINATOR SHALL BE RESPONSIBLE FOR PROVIDING A FDOT PRE-
QUALIFIED CONSULTANT FOR PROVIDING CONSTRUCTION & ENGINEERING INSPECTION (CEI)
INCLUDING VERIFICATION TESTING, OVERSEEING CONSTRUCTION OPERATIONS AND MOT FOR
WORK ON THE FDOT RIGHT-OF-WAY. GANNETT FLEMING IS THE CEI FOR THIS PROJECT. CONTACT
PERSON:ETIENNE BOURGEOIS ebourgeois(aGFNET.com 786-845-9540.
5. CEI TO HOLD A PRE-CONSTRUCTION CONFERENCE AT LEAST FOURTEEN (14) DAYS PRIOR TO
COMMENCEMENT OF WORK.INVITE THE FOLLOWING FDOT REPRESENTATIVES:
PERMITS FIELD OFFICE: MR. ALBERT ESTEVEZ Albert.Estevez(cr';dot.state.fl.us (305)640-7144/
(954)699-8873.
PERMIT COORDINATOR:MR.SAURABH RAKA,saurabh.rakaAdot.state.fl.us,305-470-5368.FDOT
MAINTENANCE OFFICE:DIANA PERALTA,diana.peralta(a;dot.state.fl.us,305-470-5363. MATERIALS
OFFICE:MR.MICHAEL KIM,michael.kim(i?dot.state.fl.us,954-677-7010/954-826-015.ADRIAN
VIALA adrian.viala(a?dot.state.fl.us,954-677-7011
RONALD ARCALAS,ronald.arcalas(a dot.state.fl.us,954-677-7035
DISTRICT PERMIT ENGINEER:ELIZABETH JETT,elizabeth.jett(aadot.state.fl.us,305-9451-0015.
6. UPON COMPLETION OF CONSTRUCTION, SUBMIT ALL CLOSE-OUT DOCUMENTATION TO THE
FDOT. FINAL AS-BUILT PLANS (SIGNED & SEALED BY A FLORIDA REGISTERED PROFESSIONAL
ENGINEER),TESTING INFORMATION,AND AN ENGINEERING CERTIFICATION SIGNED BY A FLORIDA
REGISTERED PROFESSIONAL ENGINEER CERTIFYING THE MATERIALS AND THAT CONSTRUCTION WAS
COMPLETED IN ACCORDANCE WITH THE PLANS AND FDOT SPECIFICATIONS PER THE PERMIT
DOCUMENTS.
7. MAINTENANCE MEMORANDUM OF AGREEMENT (MMOA) BETWEEN THE CITY
AND FDOT IS REQUIRED PRIOR TO FINAL ACCEPTANCE OF THE PROPOSED
WORK.
8. FDOT WILL RECOMMEND THE FINAL ACCEPTANCE ONLY AFTER ALL CLOSE-OUT DOCUMENTATION
AND MATERIALS CERTIFICATION IS RECEIVED AND ACCEPTED BY THE FDOT.
9. CONTRACTOR QUALITY CONTROL(QC) MATERIALS TESTING MUST BE PERFORMED BY AN FDOT
PRE-QUALIFIED LABORATORY. THE QUALIFIED LABORATORIES LIST IS AVAILABLE FROM THE
MATERIALS ACCEPTANCE AND CERTIFICATION(MAC)WEBPAGE AT THE FDOT MATERIALS OFFICE
WEBSITE.https://www.fdot.gov/materials/quality/prof;rams/laboratoryqualilication/index.shtm
10. THIS PROJECT WILL USE THE FDOT MATERIALS ACCEPTANCE AND CERTIFICATION(MAC)SYSTEM
UNDER FIN:405683-1-61-01.RESOLUTION TESTING,IF NEEDED,WILL BE PERFORMED BY THE FDOT
MATERIALS OFFICE.
11. QC LABORATORY INFORMATION PROVIDED TO THE FDOT:
a. UNIVERSAL ENGINEERING SCIENCES, INC. 9960 NW 116TH WAY, SUITE 8, MEDLEY, FL 33178,
305.249.8434
12. FDOT APPROVED PRODUCERS ARE REQUIRED PER FDOT SPECIFICATIONS AND THE FDOT
MATERIALS MANUAL.APPROVED PRODUCERS LIST AVAILABLE:
https://www.fdot.gov/materials/quality/programs/qualitycontrol/materialsl istings/postjuly2002.shtm
13. ALL DMS/ADMS STRUCTURES MUST BE INSPECTED BY FDOT APPROVED QUALITY ASSURANCE
INSPECTORS(QAI)AT THE PRODUCER FACILITY DURING FABRICATION AND PER THE REQUIREMENTS
Page 567 of 1700
SPECIAL PROVISIONS FOR PERMIT# 2021-C-691-00034
CITY OF MIAMI BEACH INSTALLATION OF DMS/ADMS STRUCTURES
OF THE FDOT MATERIALS MANUAL.
14. THE MINIMUM SAMPLING FREQUENCIES SET OUT IN THE DEPARTMENT'S MATERIALS SAMPLING,
TESTING AND REPORTING GUIDE SHALL BE MET.
15. INSPECTORS/TECHNICIANS PERFORMING MATERIALS TESTING MUST BE QUALIFIED UNDER THE FDOT
CONSTRUCTION TESTING AND QUALIFICATION PROGRAM (CTQP) FOR THE WORK TYPE THEY ARE
OVERSEEING ON THE FDOT RIGHT OF WAY.
16. THIS PROJECT INCLUDES DRILLED SHAFT FOUNDATIONS: A DRILLED SHAFT INSTALLATION PLAN
(DSIP)SHALL BE SUBMITTED TO THE FDOT MATERIALS OFFICE FOR REVIEW AND APPROVAL PRIOR
TO THE INSTALLATION OF ANY DRILLED SHAFTS FOUNDATIONS PER FDOT SPECIFICATION SECTION 455-
13.
17. DRILLED SHAFT LOGS SHALL BE SUBMITTED WITHIN 2 DAYS OF COMPLETION OF EACH SHAFT,
FOR REVIEW BY THE FDOT DISTRICT GEOTECHNICAL ENGINEER.
SUBMIT TO:ADRIAN VIALA ADRIAN.VIALA@DOT.STATE.FL.US 954-677-7011 AND
SAURABH RAKA SAURABH.RAKA@DOT.STATE.FL.US 305-470-5368
18. APPROVED LANE CLOSURE REQUESTS ARE REQUIRED FOR ALL LANE CLOSURES. THE
LANE CLOSURE REQUEST SHALL BE APPROVED BY THE FDOT AT LEAST 2 WEEKS PRIOR TO
BEGINNING WORK WITHIN THE FDOT RIGHT OF WAY. SUBMIT LANE CLOSURE REQUESTS INTO THE
LANE CLOSURE INFORMATION SYSTEM(LCIS)AT https://lcisv2.com/.
19. THE MOT PLAN DEVELOPED FOR THIS PROJECT SHALL BE IN ACCORDANCE WITH THE LATEST
VERSION OF THE FDOT STANDARD PLANS, INDEX 102-600 SERIES, AND SIGNED AND SEALED BY A
PROFESSIONAL ENGINEER WITH ADVANCED MOT CERTIFICATION.
20. FDOT RESERVES THE RIGHT TO REQUIRE MODIFICATIONS TO THE MOT FOR THE SAFETY OF THE
PUBLIC OR TO AVOID EXCESSIVE TRAFFIC DELAYS. CHANGES TO THE APPROVED MOT PLAN MUST
BE APPROVED BY THE FDOT.
21. COORDINATE THE FINAL INSPECTION WITH THE FDOT PERMITS FIELD OFFICE AND THE FDOT
MAINTENANCE OFFICE:DIANA PERALTA,diana.peralta@!dot.state.fl.us,305-470-5363.
22. FINAL INSPECTION OF STRUCTURES FOR FINAL ACCEPTANCE BY THE FDOT AND THE CITY,SHALL BE
COMPLETED BY A PREQUALIFIED FDOT CONSULTANT IN THE WORK TYPE 5.1, CONVENTIONAL
BRIDGE INSPECTION. AFTER ALL DEFICIENCY CORRECTIONS ARE CONFIRMED, PLEASE SUBMIT
INITIAL STRUCTURAL INSPECTION, SIGNED AND SEALED BY A FLORIDA REGISTERED PROFESSIONAL
ENGINEER TO FDOT DISTRICT 6 STRUCTURES MAINTENANCE OFFICE AT
PABLO.OROZCO@DOT.STATE.FL.US AND geidv.coello crdot.state.fl.us
23. PROVIDE 2 WEEKS'NOTICE FOR ASSIGNMENT OF STRUCTURES INVENTORY NUMBER BY THE FDOT.
REQUEST STRUCTURES NUMBERS AT pablo.orozco@dot.state.fl.us AND
giusepoee.noto(a)dot.state.fl.us
24. AFTER FINAL ACCEPTANCE,STRUCTURAL INSPECTIONS WILL BE REQUIRED AT A MINIMUM EVERY 2
YEARS,AND AS REQUIRED PER FDOT BRIDGE AND OTHER STRUCTURES AND REPORTING PROCEDURE
850-010-030.THE INSPECTION TEAM SHALL BE A PREQUALIFIED FDOT CONSULTANT IN THE WORK
TYPE 5.1 CONVENTIONAL BRIDGE INSPECTION. AFTER EVERY STRUCTURAL INSPECTION, A SIGNED
AND SEALED REPORT, BY A FLORIDA REGISTERED PROFESSIONAL ENGINEER, MUST BE SUBMITTED
TO FDOT DISTRICT 6 STRUCTURES MAINTENANCE OFFICE AT PABLO.OROZCO@DOT.STATE.FL.US
AND geidv.coello(a)dot.state.fl.us
25. PERMITTEE SHALL CONTACT MR.JOAQUIN JR. RABASSA FROM MD-PW TRAFFIC SIGNAL& SIGNS
DIVISION (305-592-0831/305-588-7570)) AND MR. JULIO NAVARRO FROM MD-PW LIGHTING
DIVISION (305-679-0062/305-592-3580/786-469-2063)AT LEAST 5 WORKING DAYS PRIOR TO ANY
SUBSURFACE ACTIVITIES AND SHALL PROTECT EXISTING TRAFFIC SIGNAL POLES AND EQUIPMENT
Page 568 of 1700
SPECIAL PROVISIONS FOR PERMIT# 2021-C-691-00034
CITY OF MIAMI BEACH INSTALLATION OF DMS/ADMS STRUCTURES
AND /OR EXISTING STREET LIGHTING POLES, EQUIPMENT, AND CONDUIT AT ALL TIMES DURING
CONSTRUCTION ACTIVITIES. ANY DAMAGES TO EXISTING EQUIPMENT SHALL BE THE SOLELY
RESPONSIBILITY OF THE CONTRACTOR TO REPAIR AT THEIR OWN COST AND ALL RESTORATION
WORK SHALL BE COORDINATED WITH MD-PW TRAFFIC DIVISION AND LIGHTING DIVISION.
26. ALL PORTIONS OF THE STATE RIGHT-OF-WAY DISTURBED IN THE CONSTRUCTION OF THE PROPOSED
WORK SHALL BE RESTORED TO FDOT SPECIFICATIONS.
27. THE PERMITTEE SHALL PROVIDE AND MAINTAIN SAFE TEMPORARY ACCESS TO ALL ADJACENT
PROPERTY AT ALL TIMES AND SHALL MAINTAIN ACCOMMODATIONS FOR INTERSECTING AND
CROSSING TRAFFIC WITHIN THE CONSTRUCTION ZONE.
28. THE PERMITTEE WILL ENSURE THAT NO UNSAFE AREA(S)FOR PEDESTRIAN WILL REMAIN DURING
ANY TIME OF THE CONSTRUCTION.THEY SHALL BE PROTECTED IN ACCORDANCE WITH THE FDOT
ROADWAY AND TRAFFIC DESIGN STANDARD PLANS,INDEX 102-600 SERIES.
29. ANY NECESSARY CHANGES/REVISIONS TO THE APPROVED PLANS MUST BE APPROVED BY THE FDOT
AND SIGNED AND SEALED BY THE FOR AND INCLUDED IN THE FINAL AS-BUILT PLANS.
Page 569 of 1700
ADDENDUM TO CONSTRUCTION AGREEMENT# 2021-C-691-00034
THIS ADDENDUM TO CONSTRUCTION AGREEMENT # 2021-C-691-00034 is executed in
conjunction with and, by this reference, incorporated into the Construction Agreement to which
this Addendum is attached, and which is executed by the parties contemporaneously with this
Addendum.
NOW,THEREFORE,in consideration of the premises and the mutual promises,the Parties
agree as follows:
The fourth "Whereas" clause is modified as follows:
WHEREAS, the parties desire to enter into this Agreement for the Construction
Coordinator to make improvements within the DEPARTMENT'S right of way to
construct the Project.
Section 2 is revised as follows:
The Project shall be designed and constructed in accordance with the edition of the
DEPARTMENT'S Standard Specifications for Road and Bridge Construction at the time of
Project advertisement and DEPARTMENT Design Standards and Manual of Uniform
Traffic Control Devices("MUTCD"). The following guidelines shall apply as deemed
appropriate by the DEPARTMENT:the DEPARTMENT Structures Design Manual,AASHTO
Guide Specifications for the Design of Pedestrian Bridges,AASHTO LRFD Bridge Design
Specifications, the DEPARTMENT Plans Preparation Manual("PPM")Manual for Uniform
Minimum Standards for Design, Construction and Maintenance for Streets and Highways
(the "Florida Green Book")and the DEPARTMENT Traffic Engineering Manual. The
Construction Coordinator will be required to submit any construction plans required by
the DEPARTMENT for review and approval prior to any work being commenced.Should
any changes to the plans be required during construction of the Project, the Construction
Coordinator shall be required to notify the DEPARTMENT of the changes and receive
approval from the DEPARTMENT prior to the changes being constructed. The
Construction Coordinator shall maintain the area of the Project at all times and
coordinate any work needs of the DEPARTMENT during construction of the Project.
Section 4 is revised as follows:
The Construction Coordinator shall require all of its contractors who will perform
work,pursuant to this Agreement, to possess a general liability insurance naming
the DEPARTMENT as an additional insured and insuring the DEPARTMENT and
the Construction Coordinator against any and all claims for injury or damage to
persons and property, and for the loss of life or property that may occur(directly
Page 570 of 1700
or indirectly)by reason of the contractor accessing DEPARTMENT right of way for
performance of the Project. Such amount shall be carried in a minimum amount
of not less than One Million.and 00/100 Dollars($1,000,000.00)for bodily injury
or death to any one person or any number of persons in any one occurrence, and
not less than One Million and 00/100 Dollars($1,000,000.00)for property
damage, or a combined coverage of not less than Two Million and 00/100 Dollars
($2,000,000.00).
Additionally, the Construction Coordinator shall require all of its contractors who
will perform work,pursuant to the Agreement to supply the DEPARTMENT with a
payment and performance bond in the amount of the estimated cost of
construction,provided by a surety authorized to do business in the State of
Florida, payable to the DEPARTMENT. The bond and insurance shall remain in
effect until completion of construction and acceptance by the DEPARTMENT.
Prior to commencement of the Project and on such other occasions as the
DEPARTMENT may reasonably require, the Construction Coordinator shall
provide the DEPARTMENT with certificates documenting that the required
insurance coverage and bond are in place and effective.
Section 8 is revised as follows:
It is hereby agreed by the parties that this Agreement creates a permissive use of
the DEPARTMENT right of way only.All improvements resulting from this
agreement shall remain the personal property of the Construction Coordinator.
Neither the granting of the permission to use the DEPARTMENT right of way nor
the placing of facilities upon the DEPARTMENT property shall operate to create
or vest any property right to or in the Construction Coordinator, except as may
otherwise be provided in separate agreements. The Construction Coordinator
shall not acquire any right, title, interest or estate in DEPARTMENT right of way,
of any nature or kind whatsoever, by virtue of the execution, operation, effect, or
performance of this Agreement including, but not limited to, the Construction
Coordinator's use, occupancy or possession of DEPARTMENT right of way. The
parties agree that this Agreement does not, and shall not be construed to, grant
credit for any future transportation concurrency requirements pursuant to
chapter 163, Florida Statutes.
All other terms and conditions of the Construction Agreement are in effect and remain
unchanged.
Page 571 of 1700
CITY OF MIAMI BEACH: STATE OF FLORIDA, DEPARTMENT OF
TRANSPORTATION:
By: By:
Alina T. Hudak
Print Name Print Name
City Manager
Title Title
Date Date
LEGAL REVIEW: LEGAL REVIEW:
APPROVED AS TO FORM & LANGUAGE
& FOR EXECUTION
By: By:
CITY ATTORNEY Date DISTRICT CHIEF COUNSEL Date
Page 572 of 1700