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Resolution 2022-32436 ------- - - - RESOLUTION NO. 2022-32436 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING, IN SUBSTANTIAL FORM, A MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) IN CONNECTION WITH THE CITY'S INSTALLATION OF SPECIAL TWO-WAY CYCLE TRACK PAVEMENT MARKINGS ALONG THE FDOT RIGHT-OF-WAY OF COLLINS AVENUE (SR- A1A) AT 22 STREET; AND FURTHER AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE AGREEMENT. WHEREAS, in accordance with the City's adopted 2016 Bicycle-Pedestrian Master Plan and Transportation Master Plan, the City is working to expand its bicycle network through the planning and implementation of bicycle lanes and facilities; and WHEREAS, on April 22, 2020, the Mayor and City Commission approved Resolution No. 2020-31241, accepting the recommendations of the Neighborhood and Quality of Life Committee, at its February 3, 2020 meeting, and approving the proposed concepts of the 23rd Street Complete Streets Feasibility Study; and WHEREAS, the feasibility study recommended protected green bike lanes from Dade Boulevard to the Beachwalk, specifically along 23 Street from Dade Boulevard to Park Avenue, along Park Avenue from 23 Street to 22 Street, and a two-way green cycle track from Park Avenue to the Beachwalk access path along 22 Street; and WHEREAS, the National Association of City Transportation Officials (NACTO) defines a cycle track as an exclusive bicycle facility that combines the user experience of a separated path with the on-street infrastructure of a conventional bike lane; and WHEREAS, the City worked with the Florida Department of Transportation (FDOT) to secure approval of the proposed two-way (east-west) special green cycle track pavement markings ("Project Improvements") along the south side of the intersection of Collins Avenue and 22nd Street, within the FDOT right-of-way ("Project Limits"), to ensure safe bicycle connectivity across Collins Avenue to and from the Beachwalk; and WHEREAS, FDOT requires that the City execute a Maintenance Memorandum of Agreement (MMOA) which delineates the City's maintenance-related responsibilities in connection with the proposed Project Improvements within the Project Limits; and WHEREAS, the execution of the MMOA with FDOT is a pre-requisite for the City to have the authorization to install and maintain the Project Improvements within the Project Limits; and WHEREAS, according to the 2022 City of Miami Beach Resident Survey, 51% of residents responded that at least one person in their household regularly rides a bike and 37% of residents consider bicycling the most viable alternative to using cars for trips within Miami Beach; and based on the same survey, while 64% of residents feel somewhat safe when riding their bicycle in the City, 37% of residents feel unsafe; and WHEREAS, the City Manager recommends approving, in substantial form, the MMOA, attached to the City Commission Memorandum accompanying this Resolution as Exhibit B, delineating the City's maintenance responsibilities with respect to the Project Improvements along the FDOT right-of-way on Collins Avenue (SR-A1A) at 22 Street. 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 Maintenance Memorandum of Agreement with the Florida Department of Transportation (FDOT) in connection with the City's installation of special two-way cycle track pavement markings along the FDOT right-of-way of Collins Avenue (SR-A1A) at 22nd Street; and further authorize the City Manager and City Clerk to execute the agreement. PASSED and ADOPTED this 14th day December, 2022. ATTEST: Dan Gelber, Mayor DEC 1 6 2022 Rafael E. Granado, City Clerk c� '.I!lCORP\GRATED° G~y APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION t'L- 7 -2Z City Attorney i I ----, Date Resolutions-C7 M MIAMIBEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Aline T. Hudak, City Manager DATE: December 14, 2022 SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING, IN SUBSTANTIAL FORM, A MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) IN CONNECTION WITH THE CITY'S INSTALLATION OF SPECIAL TWO-WAY CYCLE TRACK PAVEMENT MARKINGS ALONG THE FDOT RIGHT-OF-WAY OF COLLINS AVENUE (SR-A1A)AT 22ND STREET; AND FURTHER AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE AGREEMENT. RECOMMENDATION The Administration recommends that the Mayor and City Commission adopt the Resolution. BACKGROUND/HISTORY In accordance with the City's adopted 2016 Bicycle-Pedestrian Master Plan and Transportation Master Plan, the City is working to expand its bicycle network through the planning and implementation of bicycle lanes and facilities. On April 22, 2020, the Mayor and City Commission approved Resolution No. 2020-31241, accepting the recommendations of the Neighborhood and Quality of Life Committee, at its February 3, 2020 meeting, and approving the proposed concepts of the 23rd Street Complete Streets Feasibility Study. The feasibility study recommended protected green bike lanes from Dade Boulevard to the Beachwalk, including along 23 Street from Dade Boulevard to Park Avenue and along Park Avenue from 23 Street to 22 Street. Along 22 Street, the feasibility study recommended a two-way green cycle track from Park Avenue to the Beachwalk access path. The National Association of City Transportation Officials (NACTO) defines a cycle track as an exclusive bicycle facility that combines the user experience of a separated path with the on- street infrastructure of a conventional bike lane. Cycle tracks may be one-way or two-way, and may be at street level, at sidewalk level, or at an intermediate level. Cycle tracks can offer a higher level of security than bike lanes and are attractive to a wider spectrum of the public. The City worked with the Florida Department of Transportation (FDOT) to secure the approval of the proposed two-way (east-west) cycle track along the south side of the intersection of Page 489 of 952 Collins Avenue and 22 Street,within the FDOT right-of-way(Attachment A). The proposed two- way cycle track pavement markings will ensure safe bicycle connectivity across Collins Avenue to and from the Beachwalk. The Office of Capital Improvement Projects is leading the design and construction of the 23rd Street Complete Street improvements project, including the green cycle track. The project is currently at 100%design development and construction is anticipated to begin in early 2023. ANALYSIS Given that the proposed green cycle track pavement markings are being installed on the south side of the intersection of Collins Avenue and 22 Street, within FOOT right-of-way, FDOT requires that the City execute a Maintenance Memorandum of Agreement(MMOA) (Attachment B) which delineates the City's maintenance-related responsibilities in connection with the proposed cycle track pavement markings. SUPPORTING SURVEY DATA According to the 2022 City of Miami Beach Resident Survey, 51% of residents responded that at least one person in their household regularly rides a bike and 37% of residents consider bicycling the most viable alternative to using cars for trips within Miami Beach. Based on the same survey, while 64% of residents feel somewhat safe when riding their bicycle in the City, 37%of residents feel unsafe. FINANCIAL INFORMATION Execution of this MMOA does not require expenditure of funds at this time. Funding for future maintenance needs will be budgeted as part of future operating budgets. Amount(s)/Account(s): N/A CONCLUSION. Execution of this MMOA between the City and FDOT is required to allow the City to install and maintain the proposed green cycle track pavement markings along the south side of the Collins Avenue and 22 Street intersection, within FDOT right-of-way, in order to provide safe bicycle connectivity between Dade Boulevard and the Beachwalk. The Administration recommends that the Mayor and City Commission adopt the resolution approving, in substantial form, the attached MMOA with FDOT for the installation and maintenance of the proposed green cycle track pavement markings; and further authorizing the City Manager to execute the MMOA. Applicable Area South Beach 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 Page 490 of 952 Mobility- Improve the walking and biking experience. Legislative Tracking Transportation and Mobility ATTACHMENTS: Description o Attachment A- Cycle Track Plan at Collins Avenue o Attachment B - MMOA- Miami Beach LAP Complete Streets Page 491 of 952 • • • EXIST.SIGN I®i• • ri (TO REMAIN) I- in ''' 23 St u iRa153iNi I .,ci p 2il NEXT SIGNAL u HJOlB �� I P ,. .., s Uj I EXIST.R/W LINE• -• Q EXIST.SIGN L10N --. -a,I:, Q i (TO REMAIN) I. 0 5 2O EXIST.SIGN i CC I; O I . i I.It (TO REMAIN) II r/ (7) i I.� h Feet I'''= ,..,q c'i V `9:• : f I W.;�•-:. I EXIST.R/W LINE h Ins.E::'I eir -."`-R? 4 Lam.' STA 15+53 _ r I I .'..15.;Ci.:, �!5. ' R2-1 (2P X 1 .- .• •r. END k/ & ti 1700-1-11 PAVEMEyT' ARKINGS o EXIST.SIGN '- � SURVEY. HD STREET o LA EXIST.SIGN (TO REMAIN) I AS ��•''' '', R (TO REMAIN) ,,♦ EXIST.SIGN 4' I STA.'16•,53. 0, 36.85' LT in + IN 2 /♦ ,. , (TO REMAIN) W 1= EXIST.SIGN r`.r�. I. 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CC PAVEMENT 1NAR}(/NGS LINE NOTE:ALL PARTIAL STATIONS AND OFFSETS •O 6'DBL YELLOW WITH ARE BASED ON THE V SURVEY 22ND STREET IA SURVEY 2"2Nb.STREET Y/Y RPMS 0 40 C.C.(TYP,1 l: STA. 16+812:3Or:SA 1 RT REVISIONS DATE DESCRIPTION PATE PESCRIPTION IGmIeytHorn :'..;1.I,n. �•• h I BEACH /�CH SHEET Registry 696 L./-1 SIGNING AND PAVEMENT NO. Page 492 of 952 Lennie I.Almonte,P.E. COUNTY PROJECT NO. P.E.License No.70872 MARKING PLAN S—1 l 355 Alhambra Clrrle-Suite 1400 MIAMI-DADE 4486 26 4-54-01 Coral 6461es.Florida 33134 AOtt.earaa'• 5/25/2022 8:39:5/PM DeTROlt rAPa,\Ah1W0123845 LANSPO5.tl9n FLORIDA DEPARTMENT OF TRANSPORTATION SPECIAL TWO—WAY CYCLE TRACK PAVEMENT MARKING MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE CITY OF MIAMI BEACH This AGREEMENT, entered into on , 20 , 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 jurisdictio over to Road (SR) AlA (Collins Boulevard) -at 22"d S et, which located within the limits of' the CITY; and B. The CITY, pursuant to P ' ct 448626-1-54-01 (the "Project") , has drafted . • a to install special two- way cycle track pavement r . , along SR-AlA (Collins Boulevard) at 22nd _ -et e "Project Improvements") , the 44limits of which - . scri -d in the attached Exhibit 'A' (the PROJECT LI - .y reference shall become a part of this AGREEME d C. The CITY . 11 co tr the Project Improvements inside the DEPARTME Right f-Way, within the PROJECT LIMITS, in accordance 'th P .ject; and D. It is the in -nt of the PARTIES for this AGREEMENT to supplement all existing Maintenance Memorandum of Agreement and existing Permits previously executed between the DEPARTMENT and the CITY; and E. 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 Project Improvements pursuant to the Project; and Maintenance Memorandum of Agreement between Florida Department of Transportation and the City of Miami Beach Page 1 of 11 Page 493 of 952 F. The CITY, by Resolution No. , dated , 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. 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 m e a part hereof. 2. ASSIGNMENT OF MAINTENANCE RESPONSIB IES The PARTIES agree that the exec on of ' s AGREEMENT shall constitute an assignment of a ai tenanc esponsibilities pertaining to the Project ro ents (collectively the "IMPROVEMENTS") within the PR LIMITS to the CITY upon . the DEPARTMENT' s issuan - fin acceptance to the CITY. 111,11P 3. CITY'S MAINTENANCE RESPO So long as the I -O z 'lNT- emain in place, the CITY shall be responsible •r • enance of the same. The CITY shall maintain IMPR• ' p41NTS in accordance with all applicable NIm+ guidelines, standards, and procedures, which s ._ in. de but shall not be limited to the Maintena Ratin. Program Handbook, as may be amended from time to .e. The CITY shall further maintain the IMPROVEMENTS ` , -ccordance with the standards set forth in the Project P :ns, and in the Project Specifications and Special Provisions . The CITY'S maintenance obligations shall include but not be limited to: 3.1 General Requirements: a. Maintaining a service log of all maintenance operations that sets forth the date of the maintenance activity, the location that was maintained, and the work that was performed. Maintenance Memorandum of Agreement between Florida Department of Transportation and the City of Miami Beach Page 2 of 11 Page 494 of 952 b. Submitting Lane Closure Requests to the DEPARTMENT when maintenance activities will require the closure of a traffic lane in the DEPARTMENT' s right-of-way. Lane closure requests shall be submitted through the District Six Lane Closure Information System, to the DEPARTMENT's area Permit Manager and in accordance with the District Six Lane Closure Policy, as may be amended from time to time. The CITY shall submit all services logs, inspections and surveys to the DEPARTMENT Warranty Coordinator as required in the above maintenance responsibilities . The CITY is responsible for obtai 'ng copies of all applicable rules, regulations, icies, procedures, guidelines, and manuals, and the P ct Specification and Special Provisions, as may be ame d m time to time. 4. MAINTENANCE DEFICIENCIES If at any time it shall co o the attention of the DEPARTMENT that the CIT resp ibilities as established herein are not being pr. - -cc lished pursuant to the terms of this AGREEMENT, . - - "NT may, at its option, issue a written -, care of the CITY MANAGER, to notify the CITY ma . tenance deficiencies . From the date of receipt • . ' .-, the CITY shall have a period of thirty (30) c- dar . -ys, within which to correct the cited defi' o •eficiencies. Receipt is determined in accordan ' with ti 5 of this AGREEMENT. If said d- ' cie . es are not corrected within this time period, the -TMENT may, at its option, proceed as follows : a. Maintain the IMPROVEMENTS, 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 of the IMPROVEMENTS located within the PROJECT LIMITS, and charge the CITY the reasonable cost of such removal. Maintenance Memorandum of Agreement between Florida Department of Transportation and the City of Miami Beach Page 3 of 11 Page 495 of 952 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 D e Miami Beach, Fl 33139 Attention: Cit a r Notices shall be deemed to ha bee rece d by the end of five (5) business days from t r r sending thereof unless proof of prior actual receipt rovided. 6. REMOVAL, RELOCATION OR +0 THE IMPROVEMENTS a. The PARTIES - th the IMPROVEMENTS addressed by this AGRE r . be emoved, relocated, or adjusted at any tim- e by the Department, and at the DEPARTMENT's e di cretion. In the event that the DEPARy e ates or adjusts the IMPROVEMENTS, the CIT - main na - responsibilities will survive the rel. tion o adjustment, as long as the materials remai ' th' the PROJECT LIMITS. b. In the ev- t that the DEPARTMENT is required to replace the IMPROVEMENTS at any time as part of maintenance activities, a roadway project, or related construction activities, the DEPARTMENT shall replace the same as a standard feature, and the CITY'S maintenance obligations under this AGREEMENT shall terminate. However, the CITY may, with the approval of the DEPARTMENT, upgrade the standard feature (s) at its sole cost and expense with the understanding that the CITY shall assume all maintenance obligations for the upgraded features, and enter into a new maintenance agreement. Maintenance Memorandum of Agreement between Florida Department of Transportation and the City of Miami Beach Page 4 of 11 Page 496 of 952 7. TERMINATION In addition to the provisions of Section 6 (b) hereunder, 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 serve the right to unilaterally cancel this AGRE if the CITY refuses to allow public access to any 11 documents, papers, letters, or other materials m e o eceived by the CITY pertinent to this AGRE unle the records are exempt from Section 24 ( of Artic I of the State Constitution and Secti 1 . 07 (1) , of, the Florida Statutes. c. If mutually agreed • gth rties, upon thirty (30) days written advance o- - An agreement to terminate shall be vali• i ' ade in writing and executed with the same fo . es a this AGREEMENT. d. By the CIT . .on irty (30) days advance written no tic: •e •ARTMENT. Prior to -rminat •n of the AGREEMENT under this Section, the CITY s , a its sole cost and expense, remove all the IMPROVEMENTS estore the area to a standard feature, in accordance wit the DEPARTMENT'S guidelines, standards, and procedures, and to the satisfaction of the DEPARTMENT. S. TERMS a. The effective date of this AGREEMENT shall commence upon execution by the PARTIES and shall continue so long as the IMPROVEMENTS remain in place until termination as set forth in Section 7 . b. E-Verify Maintenance Memorandum of Agreement between Florida Department of Transportation and the City of Miami Beach Page 5of11 Page 497 of 952 The CITY shall : i . 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 contract; and ii . 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. (Executive Order N er 2011-02) The CITY shall insert the abo cl e into any contract entered into by the CITY th ven s or contractors hired by the CITY for pu ses of per rming its duties under this AGREEMENT.. c. This writing emb' ' -s t entire AGREEMENT and understanding betwe. ES hereto and there are no other agreements . d. ._ --Landing, oral or written, with referen th. "-subject matter hereof that are not merged • - and perseded hereby. d. This AGREE+ ' . all not be transferred or assigned, in whole ..Iiil without the prior written consent of the I_ '4 . e. This - u shall be governed by and constructed in accorda ith the laws of the State of Florida. Any provision- 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. i. 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: Maintenance Memorandum of Agreement between Florida Department of Transportation and the City of Miami Beach Page 6 of 11 Page 498 of 952 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 hot limited to, any act, action, neglect or omission by the ITY, its officers, agents, employees or representatives any way pertaining to this AGREEMENT, whether direct 'ndirect, except that neither the CITY nor any of its o is agents, employees or representatives will be lia under is provision for damages arising out of injury d ages ectly caused or resulting from the- negligenc f DEPARTMENT. The CITY'S obligation t' ' .demni defend and pay for the defense of the DEPARTME • . . t DEPARTMENT's option, to participate and associate DEPARTMENT in the defense and trial of a• lai and any related settlement negotiations, sh__ be rig, •red immediately upon the CITY'S receipt of ' • -': 'T' s notice of claim for indemnification. ' ' e notice of claim for indemnification shall be d= e 'ved if the DEPARTMENT sends the notice in accor' ce w formal notice mailing requirements set fort Sect ' .n 5 of this AGREEMENT. The DEPARTMENT's failure to 'tif ' he CITY of a claim shall not release the CITY of th- .ove duty to defend and indemnify the DEPARTMENT. The CITY shall pay all costs and reasonable attorney' s 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 Maintenance Memorandum of Agreement between Florida Department of Transportation and the City of Miami Beach Page 7 of 11 Page 499 of 952 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. 141Clib Maintenance Memorandum of Agreement between Florida Department of Transportation and the City of Miami Beach Page 8 of 11 Page 500 of 952 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day and year first above written. CITY OF MIAMI BEACH: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION: BY: BY: CITY Manager or Mayor District Director of Trans ortation Operations ATTEST: (SEAL) T . CITY Clerk Executive Secretary LEGAIi!PINNIP 14:;4:41:411111Mr BY: BY: CITY Attorn District Chief Counsel EXHIBIT 'A' Maintenance Memorandum of Agreement between Florida Department of Transportation and the City of Miami Beach Page 9 of 11 Page 501 of 952 PROJECT LIMITS Below are the limits of the IMPROVEMENTS to be maintained by the CITY under this AGREEMENT. State Road Number: AlA at 22nd Street Local Street Names: Collins Boulevard County: Miami-Dade IY111111111IP411C‘ Maintenance Memorandum of Agreement between Florida Department of Transportation and the City of Miami Beach Page 10 of 11 Page 502 of 952 EXHIBIT 'B' CITY OF MIAMI BEACH RESOLUTION To be herein incorporated once- ratified by the CITY Board of Commissioners . 41IC‘ 4q1"1. 11** 4c0) Maintenance Memorandum of Agreement between Florida Department of Transportation and the City of Miami Beach Page 11 of 11 Page 503 of 952