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Resolution 2023-32578RESOLUTION NO. 2023-32578 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING, IN SUBSTANTIAL FORM, A MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE CITY AND MIAMI-DADE COUNTY IN CONNECTION WITH THE CONSTRUCTION AND MAINTENANCE OF THE CITY'S INTELLIGENT TRANSPORTATION SYSTEM AND SMART PARKING SYSTEM PROJECT; AND FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT. 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 (the "Project"); and WHEREAS, on December 16, 2022,, the City and TransCore executed Amendment No. 1 to the TransCore agreement; said amendment, among other things, approving temporary maintenance of Miami -Dade County (County) traffic signals during construction of the Project, and authorizing the City Manager to approve expenditures for temporary traffic monitoring/management services, in order to provide the City Administration with the ability to efficiently manage traffic during high impact periods 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 (DTPW); and WHEREAS, given that most of the devices are being installed within FDOT rights -of -way, on April 13, 2023_FDOT and the City executed a Construction Agreement (CA) for the construction of the ITS -related improvements to be located on the FDOT rights -of -way; and WHEREAS, the CA delineates the design, construction, and maintenance related responsibilities in connection with the 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 rights -of -way; and WHEREAS, phases 1 and 2 of the ITS/SPS Project are currently in construction, and consist of nearly 20 miles of the City's arterial roadway network, which is expected to begin coming on line in late 2023, and which will be managed in real-time by TransCore 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, pursuant to Section 2-96.1 of the Miami -Dade County Code, al traffic control and traffic engineering services in the County, with the exception of roads part of the state highway system, are under the exclusive jurisdiction of the County; and WHEREAS, the County, and specifically the Miami -Dade County Department of Transportation and Public Works, Traffic Signals and Signs Division, operates computerized motorist information systems which monitor traffic conditions on portions of the County transportation system and operates and maintains the traffic signal system throughout the County; and WHEREAS, the installation of the ITS devices requires physical connections to existing traffic signal mast arms and signal controllers, which are County assets under the purview of DTPW; and WHEREAS, as a requisite for approval of a permit for the installation of ITS devices on these County assets, DTPW requires that the City enter into a Memorandum of Understanding with the County, delineating the City's and DTPW's respective roles and responsibilities both during the construction (i.e. installation) and maintenance phases of the ITS Project; and WHEREAS, all devices installed on County assets, as part of the City's ITS/SPS Project, will be property of the City and the City will be responsible for the operation and maintenance of these ITS devices on County assets; 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 City Manager recommends that the Mayor and City Commission approve, in substantial form, the draft MOU with the County, incorporated herein by reference and attached to the City Commission Memorandum accompanying this Resolution; and further authorize the City Manager to negotiated and execute the final agreement. 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 Memorandum of Understanding (MOU) between the City and Miami -Dade County in connection with the construction and maintenance of the City's Intelligent Transportation System and Smart Parking System Project; and further authorize the City Manager to execute the Agreement. PASSED and ADOPTED this 28t' day of April, 2023. ATTEST: MAY 0 2 20? 3 Rafael E. Granado, City Clerk Dan Gelber, Mayor APPROVED PS TO FORM Sr LANGUAGE Sc FOR EXECUTION City Atta rn ey Date Resolutions - C7 N MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Alina T. Hudak, City Manager DATE: April 28, 2023 SUBJECT. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING, IN SUBSTANTIAL FORM, A MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE CITY AND- MIAMI-DADE COUNTY IN CONNECTION WITH THE CONSTRUCTION AND MAINTENANCE OF THE CITY'S INTELLIGENT TRANSPORTATION SYSTEM AND SMART PARKING SYSTEM PROJECT; AND FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT. RECOMMENDATION The Administration recommends that the Mayor and City Commission adopt the Resolution. On October 18, 2017, the Mayor and City Commission ("Commission") adopted Resolution No. 2017-30064, accepting the recommendation of the City Manager to award an agreement, pursuant to Request for Proposals (RFP) No. 2016-199-KB for Design, Build, Operation, and Maintenance Services for an Intelligent Transportation System and Smart Parking System ("ITS/SPS"), to TransCore ITS, LLC ("TransCore"), as the top -ranked proposer, and authorizing the City Administration to enter into negotiations with TransCore. On April 16, 2019, the City of Miami Beach ("City") and TransCore executed a Design/Build/Operate/Maintain Agreement for citywide ITS/SPS services (the "Project"). On December 16, 2022, the City and TransCore executed Amendment No. 1 to the TransCore agreement; said amendment, among other things, approving temporary maintenance of Miami -Dade County traffic signals during construction of the Project, and authorizing the City Manager to approve expenditures for temporary traffic monitoring/management services, in order to provide the City Administration with the ability to efficiently manage traffic during high impact periods. The work associated with this Project includes the installation of various electronic ITS devices supporting a Traveler Information System, consisting of the installation and operation of two (2) Dynamic Message Signs ("DMS") on the MacArthur and Julia Tuttle causeways, 24 DMSs along major arterial roadways, and real-time data collection devices at 23 locations throughout the City. In addition, 21 Closed -Circuit Television ("CCTV") cameras will be installed to support situational awareness and traffic monitoring. Furthermore, SPS devices will be installed at ten (10) city parking garages and five (5) surface parking lots to disseminate real-time parking availability. Once completed, this network will Page 350 of 991 give the City the ability to monitor and manage traffic congestion on major thoroughfares and disseminate real-time traffic .and parking conditions to motorists. The ITS/SPS program will be managed and operated by TransCore in real-time from a Transportation Management Center ("TMC") co -located within the Florida Department of Transportation ("FDOT") SunGuide TMC at FDOT District 6 Offices. The Project planning and design development phases were closely coordinated with FDOT and Miami -Dade County Department of Transportation and Public Works ("DTPW"). Given that most of the devices are being ,installed within FDOT rights -of -way, on April 13, 2023, FDOT and the City executed a Construction Agreement (CA) for the construction of the ITS -related improvements to be located on the FDOT right-of-way. The CA delineates the design, construction, and maintenance related responsibilities in connection with the 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. Phases 1 and 2 of the ITS/SPS Project are currently in construction and consist of the installation of ITS devices along approximately 20 miles of the City's primary roadway network. System operations is expected to begin in late 2023 as devices come on-line. Phases 3 through 6 of the ITS/SPS Project will be negotiated in the immediate future and are proposed to provide coverage along all remaining major thoroughfares in the City. ANALYSIS At this time, TransCore is ready to corrirnence the installation of ITS devices, including CCTV cameras and travel, time sensors, at key signalized intersections along major thoroughfares. Pursuant to Section 2-96.1 of the Miami -Dade County Code, all traffic control and traffic engineering services in the County, with the exception of roads which are part of the state highway system, are under the exclusive jurisdiction of the County. The County, and specifically the DTPW Traffic Signals and Signs Division, operates computerized motorist information systems which monitor traffic conditions on portions of the County transportation system and operates and maintains the traffic signal system throughout the County. The installation of the ITS devices requires physical connections to existing traffic signal mast arms and signal controllers. Given that traffic signalization devices and equipment are Miami -Dade County ("County") assets under the purview of DTPW, as a requisite for a permit for the installation of ITS devices on these County assets, DTPW requires that the City execute a Memorandum of Understanding ("MOU") with theCounty. The MOU (Attachment) delineates the City's and DTPW's respective roles and responsibilities both during the construction (i.e. installation) and maintenance phases of the ITS Project. All devices installed on County assets as part of the City's ITS/SPS Project will be property of the City; and the City will be responsible for the operation and maintenance of these ITS devices on County assets, as stipulated in the MOU. SUPPORTING SURVEY DATA According to the 2022 Miami Beach 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 There is no cost associated with entering into the Memorandum of Understanding Agreement. The Page 351 of 991 cost associated with the anticipated maintenance (as -needed) of Miami -Dade County traffic signalization infrastructure during the construction phase of the ITS/SPS Project is approximately $150,000. Funds for this purpose were previously allocated in the ITS/SPS Project (Capital Project No. 28080). Amounts)/Account(s): $150, 000/ 187-9615-069357-26-410-530-00-00-00-28080 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 disseminate real- time traffic and parking information 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/SPS Project, the City Administration recommends that the Mayor and City Commission adopt the Resolution, approving, in substantial form, a Memorandum of Understanding with the County in connection with the construction and maintenance of the City's ITS/SPS devices installed on County traffic signalization equipment and infrastructure; and further authorizing the City Manager to negotiated and execute the final Agreement. Applicable Area Citywide Strategic Connection Mobility -Address traffic congestion. Legislative Tracking Transportation and Mobility ATTACHMENTS: Description No ❑ Attachment A— Draft Memorandum of Understanding Agreement with Miami -Dade County ❑ Attachment B — Scope of Work for TransCore (Exhibit "A" to Memorandum of Understanding) ❑ Resolution Page 352 of 991 MIAMI-DIADE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND MIAMI-DADE COUNTY REGARDING THE INTELLIGENT TRANSPORTATION SYSTEM AND SMART PARKING SYSTEM PROJECT This Memorandum of Understanding (MOU) sets for the terms and understanding between the CITY OF MIAMI BEACH, FLORIDA, a municipal corporation organized and existing under the laws of the State of Florida, having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida 33139 ("City"), and MIAMI-DADE COUNTY, a political subdivision of the State of Florida ("County") regarding the installation of an Intelligent Transportation System (ITS) and Smart Parking System (SPS) Project in the City of Miami Beach is made and entered into this day of 2023. WITNESSETH: WHEREAS, pursuant to Section 2-96.1 of the Miami -Dade County Code, all traffic control and traffic engineering services in Miami -Dade County, with the exception of roads part of the state highway system, are under the exclusive jurisdiction of the County; and WHEREAS, the City and County ("Parties") desire to deploy an Intelligent Transportation System (ITS) and Smart Parking System (SPS) in the City of Miami Beach ("Project") for the mutually beneficial purpose of improving the efficiency of transportation operations, minimizing congestion, increasing throughput, and improving parking management using technology; and WHEREAS, the City has selected a Design -Build -Operate -Maintain ("DBOM") Firm to design, deploy, operate and maintain the ITS and SPS within the City; and WHEREAS, the County has awarded a contract for the Upgrade of the Advanced Traffic Management System to engineer and deploy new traffic controllers and detection systems to upgrade the County's traffic management capabilities; and WHEREAS, the County has been an active partner in the development of the requirements for the Project as a Technical Steering Committee ("TSC") member; and WHEREAS, the County, specifically the Miami -Dade County Department of Transportation and Public Works ("MDC-DTPW"), Traffic Signals and Signs ("TSS") Division, operates computerized motorist information systems which monitor traffic conditions on portions of the County Transportation System and operates and maintains the traffic signal system throughout the County; and WHEREAS, the City has, by proper resolution attached hereto and by reference made a part hereof, authorized it officers to enter into this MOU. Page I1 Page 353 of 991 M IAM I•QADE Now therefore, the City and the County agree as follows: 1) The recitals set forth above are incorporated herein by reference. 2) The City shall contract a qualified DBOM Firm, which shall include Florida Licensed Professional Engineers and Contractors for the design, installation, operation, and maintenance of Project (hereinafter "DBOM Firm"). 3) The City, through its DBOM Firm, shall apply for and obtain a permit from each applicable governmental entity for each location that is to have an ITS or SPS system installed. 4) The City and the DBOM Firm shall comply with all applicable statutes, ordinances, rules, orders, regulations and requirements of federal, state, local governments. Permittee shall, upon request, provide proof of compliance with all applicable required licenses, permits and other legal requirements. 5) The City, through its DBOM Firm, shall engineer and install the Project to meet the following requirements: a) The installations shall be in compliance with the requirements set forth by the National Electrical Code ("NEC") and MDC-DTPW. b) For each location, the DBOM Firm shall provide full engineering drawings signed and sealed by a Professional Engineer registered in the State of Florida for review and approval as part of obtaining the required permit. Likewise, markup plans shall be provided at the time of final inspection. c) The DBOM shall take into account the needs for the County's ATMS project, including but not limited to; conduits, conduit capacity, pullboxes, pullbox capacity, structural limitations, etc. d) At project closeout, as -Built plans will be provided. e) Installation of all equipment shall be strictly limited to the mast arm's upright pole or within 5 feet from vertical mast arm's upright as to not adversely affect structural integrity of the mast arm. During installation, final location of devices will be determined based on exiting field conditions and coordinated with the County. Any changes to the approved design plans will be reflected in the as -built plans. f) All work must be performed by an approved Miami -Dade County Traffic Signal contractor. g) The DBOM Firm may not place any device or other equipment on County infrastructure without first obtaining the applicable permits. Any devices or other equipment that is placed on County infrastructure by the City or its DBOM Firm which is not permitted shall be removed within seventy-two (72) hours of receipt of written notice from the County. Failure on the part of the City or DBOM Firm to completely remove devices or other equipment within the time period specified above and to restore County property to substantially the condition which existed prior to the installation of the above referenced equipment, the County may, at its option, cause all required Page 12 Page 354 of 991 j. 1 i MIMI®QADE removals, maintenance, repairs, replacements or restorations to be made, whereupon the City shall promptly pay the County all actual and reasonable costs incurred. Additionally, at the County's sole discretion, the County may'seek injunctive relief requiring the City to remove said equipment. In the event the County obtains said injunctive relief, the County shall be entitled to recover from the City all actual and reasonable attorney's fees and court costs. h) The County reserves the right to deny or revoke a permit for the installation of a device should the County determine the placement of such devices on County traffic equipment is not in the best interest of the County. i) Prior to the start of construction,,the DBOM Firm shall perform an inspection and inventory of each intersection, photograph and document to the County any existing damage found (conduits, pull boxes, wires, poles or ground system). The DBOM Firm shall be responsible for repairing any damage not previously reported to the County and associated with the DBOM Firm's sole negligence. This excludes damages caused by any other party, force majeure, vehicle collision, and/or vandalism and theft determined to be unrelated to the DBOM Firm's sole negligence i) The DBOM Firm shall maintain, to the extent practicable, the intersection at fully operational functionality throughout the duration of construction and until final acceptance by the County. ii) The DBOM Firm shall send a weekly email to the Miami -Dade County Traffic Signals and Signs Division with the location and asset number of each intersection where the vendor will be working each day. j) The Project shall be deployed in accordance with the approved construction documents and permits. k) Maintenance of traffic signal during construction shall adhere to the guidelines provided within the DBOM Firm's Scope of Services for Signal Maintenance during Construction for the Deployment and Installation of Transportation Devices on Existing County Infrastructure, as amended from time to time. The Scope of Services in effect at the time of the execution of this MOU is attached as Exhibit A. 1) At each location where a device is permitted to be installed, the City and/or its DBOM Firm shall be responsible for restoring any such sidewalks, signs, pedestrian ramps, underground facilities, and detectable warning surfaces damaged by the DBOM Firm during the course of work at such locations to a state that is substantially equivalent to its preexisting condition. Notwithstanding the aforementioned obligation of the City pursuant to this MOU, it is expressly acknowledged and agreed that the County is solely responsible for the repair and maintenance of its roadways, sidewalks, ground mounted and overhead signs, pedestrian ramps and detectable warning surfaces. Page 13 Page 355 of 991 M 1® DIADE m) As agreed between the Parties during the meeting on July 22, 2019, device power will be provided through a new, dedicated breaker within the traffic signal cabinet at applicable locations. The devices may collocate on the County's existing electrical service point; however, the City, through the DBOM Firm, will install a separate breaker within the existing County traffic signal cabinet to provide power to the collocated devices. This power isolation assures surges from the City's collocated devices will not affect the County's signal controller or ancillary devices. The maximum power consumption for the City's and County's combined devices within any one cabinet shall not exceed 480W as to not require any electrical service upgrades. If the monthly electric bill is increased due to the additional 480W load, the City will reimburse the County the additional fee. Disclaimer: This clause becomes moot upon activity by the County which causes total load to exceed 480W. n) The County has initiated a Closed -Circuit Television (CCTV) Camera program at traffic signals at various locations for the improved management of traffic throughout Miami -Dade County. The County reserves the right to install County CCTV Cameras on any County infrastructure. o) The City shall provide the Miami -Dade County Traffic Control Center with command -and -control access of the CCTV camera system installed by the City on County Infrastructure pursuant to this MOU. The City will retain priority control of all devices. p) Upon request, the City shall provide the Miami -Dade County Traffic Control Center with access to any readily available data collected by.any device installed as part of the Project. q) Upon seventy-two (72) hours of receipt of written notice from the County during the Operations and Maintenance (O&M) phase and beyond, the City or designated representative shall present a written mitigation plan for approval by Traffic Signals and Signs Division of Miami -Dade County for the devices determined to be causing problems with the performance of traffic signal electronics or requested by the Florida Department of Transportation for traffic signals on state roads. Following approval by the County, the City shall have seventy-two (72) hours to implement the mitigation or remove the devices at the City's sole cost and expense. Failure on the part of the City to mitigate the malfunction or remove the devices within the time period specified above and to restore County property to substantially the condition which existed prior to the installation of the above referenced equipment, the County may, at its option, cause all required removals, maintenance, repairs, replacements or restorations to be made, whereupon the City shall promptly pay the County all actual and reasonable costs incurred. Additionally, at the County's sole discretion, the County may seek injunctive relief requiring the City to remove said equipment. In the event the County obtains said injunctive relief, the County shall be entitled to recover from the City all actual and reasonable attorney's fees and court costs. r) Notwithstanding the aforementioned provision, the County may take any and all actions required to restore a traffic signal to a safe operational state including but not limited to, removing or Page 14 Page 356 of 991 MIAMNDIADE disconnecting any installed equipment. The County shall not be responsible for any cost of restoring or reconnecting any equipment at the traffic signal. s) -All expenses for maintenance, repair, replacement,relocation and removal of the devices associated with the Project shall be the responsibility of the City. Any relocations of devices associated with the needs of a third party user shall be performed at the sole cost of the third party. t) The City agrees to indemnify and hold harmless the County from any and all claims arising from the negligence of the City or its officers, employees, agents or instrumentalities or contractors in connection with the installation, operation, or maintenance of the Project's systems. The, City shall indemnify, hold harmless, and defend the County and its officers, employees, agents and instrumentalities from any and all liability, losses, or damages, including actual and reasonable attorneys' fees and costs of defense, which the County or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the City's performance of this MOU, including the installation, operation, or maintenance of the Project's systems by the City and/or its offices, employees, agents, instrumentalities, or contractors. To that extent, the City shall pay all claims and losses in connection therewith, and shall investigate and defend all claims, suits, or actions of any kind or nature in the name of the County, where applicable, including appellate proceedings, and shall pay all costs, judgments, and actual and reasonable attorneys' fees which may issue thereon. Provided, however, that the indemnification provisions contained in this subsection shall only be to the extent allowable by law, and without waiving any limitation of liability and/or other rights afforded the City as a governmental entity, pursuant to Section 768.28, Florida Statutes. This provision becomes null and void once the Project is suspended, devices removed or upon the expiration of the MOU. Notwithstanding the foregoing, the City's obligation to indemnify the County shall not extend to such claims or losses caused by or arising from the misconduct, negligence or other intentional act of the County or its officers, employees, agents, instrumentalities or contractors; or to claims or losses arising from the misconduct, negligence or other intentional act of a third party. u) All devices, traffic control signs, and markings that are installed by the City in accordance with this MOU shall conform to the applicable requirements established by the following publications, as amended from time to time: i) Florida Department of Transportation's Standard Specifications for Road and Bridge Construction. ii) Florida Department of Transportation's Traffic Engineering Manual (TEM). iii) Manual on Uniform Traffic Control Devices for Streets and Highways, U.S. Department of Transportation Federal Highway Administration, including the latest revisions. Page I5 Page 357 of 991 / 4 '� `! DL;";1, E , MIMI®QADE iv) Standard Highway Signs, U.S. Department of Transportation, Federal Highway Administration. v) Miami -Dade County Public Works Manual. 6) The City shall be responsible for keeping records of any and all system installations and repairs, and furnishing those documents to the County, upon request. 7) The County's responsibilities include: a) Design Phase: The County shall complete the review of design documentation and permits submitted by the DBOM Firm within thirty (30) business days from the date the design documentation is submitted to the County. b) Construction Phase: i) The City, through the DBOM Firm, is responsible for construction of the Project. ii) The County shall complete the review of construction documentation and permits submitted by the DBOM Firm within thirty (30) business days from the date the construction permit documentation is submitted to the County. iii) The County, at its sole cost and expense, may provide Miami -Dade County signal system technical experts to assist the City, CEI Firm, and DBOM Firm during the Project deployment, in an advisory role when available. c) Operations Phase: i) The City, through the DBOM Firm, is responsible for operation of the Project. ii) The County, at its sole cost and expense, shall upon request provide access to the County's right-of-way and signal infrastructure along the Project corridors/assets to the City and the DBOM Firm for operations of the Project and provide signal system technical support as needed. The City and the DBOM shall not access any County infrastructure without prior notice. d) Maintenance Phase: The County will continue its obligations for all traffic signals and components pursuant to the Traffic Signal Maintenance and Compensation MOU between the County and Florida Department of Transportation (FDOT) dated June 3, 2005, as may be amended from time to time, or under a new MOU between the County and FDOT regarding traffic signal maintenance, during operations and maintenance phases of the Project, with the understanding that the City shall provide the County the opportunity to inspect and request modifications/ corrections, in accordance with the terms of the traffic signal maintenance contract in place at the time of completion/final acceptance of the Project by the City. Furthermore, the County shall provide access to County's right-of-way and signal infrastructure along the Project corridors/assets to the City and the DBOM Firm for maintenance of the Project. e) Post 0&M Phase: As long as devices installed by the City under the Project are in place, the County shall, at its sole cost and expense: Page 16 Page 358 of 991 MIAMIhDm* i) Notify the City with written notice at least seventy-two (72) in advance of the start of any planned maintenance and/or construction activities to be performed at any location where Project infrastructure is collocated. ii) Notify the City of any emergency maintenance activities to be performed at any location where Project infrastructure is collocated immediately upon dispatch of County maintenance staff. 8) This MOU is for the initial installation of equipment and its maintenance. The upgrade or replacement beyond maintenance of the equipment shall require the execution of an addendum to this MOU or a completely new MOU. 9) Notwithstanding any other term in this MOU, nothing shall be deemed to be a waiver of either the City's or the County's immunity or limitation of liability as provided pursuant to Section 768.28 of the Florida Statutes, as may be amended from time to time. 10) Either the City or the County may, upon thirty (30) business days written notice to the other, terminate this MOU for cause; provided, however, the City shall be responsible for payment of all work and equipment authorized by the City while this MOU was in effect. Prior to the termination of this MOU; however, the City may elect to cancel any work or equipment orders, provided the City settles all claims and liabilities associated with any stoppages. 11) It is understood and agreed between City and County that written notice, addressed as follows, shall be delivered, sent electronically, by facsimile or United States Postal Service mail to: City: City of Miami Beach, Transportation & Mobility Department Attn: Director 1700 Convention Center Drive Miami Beach, Florida 33139 County: Miami -Dade County Department of Transportation and Public Works — Traffic Signals & Signs Division Attn: Frank Aira, P.E. 7100 NW 361h Street Miami, Florida 33166 and shall constitute sufficient notice to both Parties to comply with the terms of this MOU. Notices provided in this section shall include all notices and/or requests required in this MOU or required by law. Either Party may, by notice given as aforesaid, change its address and/or addressee for all subsequent notices as either Party may, from time to time, designate by written notice to the other Party. If either Party, at any time during the Term hereof, changes its office address as herein stated, said Party will promptly give notice of same in writing to the other Party. Page 17 Page 359 of 991 M IM I®QADE IN WITNESS WHEREOF, the Parties hereto have caused this MOU to be executed by their appropriate officials, as of the date first entered above. FOR CITY: ATTEST: By: City Clerk Date: Approved as to form and legal sufficiency: By: Assistant County Attorney Date: FOR COUNTY: ATTEST: By: Date: County Clerk Approved as to form and legal sufficiency: Bv: City Attorney Date: CITY OF MIAMI BEACH FLORIDA City Manager Date: MIAMI-DADE COUNTY Deputy Mayor Date: Page I8 Page 360 of 991 3901 Commerce Parkway T SORE, Miramar.4.0697 tel: 954.342.0690 fax: 954320697 Exhibit Scope of Services for Signal System Maintenance During Construction for The Deployment and Installation of City of Miami Beach ITS Devices on Existing County Infrastructure City of Miami Beach Project Number: 2319039 Attn: Jose Gonzalez, PE Date: 04/12/2023 1700 Convention Center Drive, 3rd floor Miami Beach, FL 33139 City of Miami Beach ITS Design, Operation and Maintenance, and Parking Services Description To provide temporary oversight and Maintenance Services as described below for Miami Dade County Signal System Mast -Arms for the City of Miami Beach ("City") under a Time and Material (T&M) Reimbursement agreement between TransCore ("the DBOM Firm") and the City of Miami Beach. As a condition stipulated in the Memorandum of Understanding (MOU) between the City and Miami Dade County (MDC), the City may install Intelligent Transportation System (ITS) devices on MDC's mast -arms. These ITS devices include wireless antennas, Closed Circuit Cameras (CCTV), Microwave Vehicle Detection (MVDS), and British Thermal Unit (BTU) Enclosures. Installation of devices shall only occur on mast arms monitored by the Miami Beach ITS Design Build Operations and Maintenance (DBOM) firm, reflected in Design Review (DR) number 2021010592, as reviewed and approved by MDC. Monitoring by the DBOM firm shall commence at the start of construction and conclude when the permits are closed. During monitoring, City Staff or TS&S Operations staff will be contacted first, depending on which entity initially identifies the issue to respond to any maintenance Trouble Reports at signal intersections. Responsibilities of the ITS Contractor in responding to and closing Work Orders assigned by MDC through the Trouble Report are described below within this Scope of Work (SOW) document. 1) Pre -installation and Photo Inventory Assessment I. Prior to starting work at any intersections, TransCore will develop a photo inventory of the entire intersection. If the County provides a pre -construction checklist, it can be completed as well. This inventory, along with field notes and checklist will be submitted to MDC and the City for acknowledgment of the initial condition of the signal intersection. The initial information will include notes describing the working condition of the intersection, as well as, the condition of the lights, cabinet, internal components of the cabinet, mast -arm condition, pull box conditions and any other MDC component related to the signal which is visible for inspection at each site. 2) Daily Notifications TransCore has not been provided MDC's ticket response protocol at this time, however, below is the method we believe is used by MDC for responding and closing Work Orders. PN �361 of.9�91 3901 Commerce Parkway T SC4RE. Miramar.4.0697 tel: 954.342.0690 fax: 954320697 I. TransCore will notify MDC, the City as well as Kimley-Horn and Associates, Inc. (KHA) of any scheduled work at an intersection listed in the MOU prior to work commencing. TransCore's method for communication will be through email as follows: i. MDC Point of contact email to be provided to TransCore: TSS.CONSTRUCTION.WORK@miamidade.gov ii. Miami Beach: JoseGonzalez@miamibeachfl.eov iii. KHA: ionathan.ford@kimlev-horn.com and eli.perez@kimlev-horn.com iv. Gannet: eboureeois@gfnet.com Additional emails may be added or substituted after this agreement is executed. 3) Miami Beach ITS Components to be Installed at Mast -Arms I. Minimal work will be performed within the MDC Signal Control Cabinet. This work will only include the introduction of a Circuit Breaker (CB) that will connect to the Main Breaker Florida Power and Light (FP&L) feed to the Cabinet. The new breaker will protect the signal control cabinet if a surge occurs from the ITS device only the newly installed ITS CB will trip. This ensures the signal control cabinet will remain in power during an ITS device issue. II. Installation of CCTV, MVDS, Wireless Equipment and BTU will be installed on the mast - arm in accordance with the approved RFC plans (DR#2021010592) already reviewed and approved by MDC on November 12, 2021. Ill. All equipment within the cabinet and on the Mast -Arm will be clearly labeled, identifying each component in that identifies the City as the owner. Label will be an adhesive -type label that will permanently affix to the equipment. Label information will include: L Contact information of DBOM Firm's Maintenance Provider ii. Device Name iii. Miami Beach Asset Number iv. IP address if applicable 4) Maintenance, Trouble Reports, and Work Order Responsibilities From the start of installation, services provided by TransCore shall be responsible for responding to only the Maintenance Trouble Reports referenced in the MOU or approved MDC design permit. This will only be for those intersections used to install ITS devices for the City of Miami Beach, as shown in the ITS RFC Plans. The maintenance service timeline shall be from the start of installation until all work is complete and MDC approves intersections turned back to Miami Dade. The outline below identifies how a Work Order will be responded to and closed for each Trouble Report. I. It is our understanding that the County's standard practice includes the creation of a work order and/or trouble report in the EAM system, which automatically generates an email to the contractor associated with a construction project at the asset in question. 11. It is anticipated, based on previous MDC Signal System Maintenance Projects, that Trouble Report Work Orders will be titled: "Miami Dade County, Traffic Signals & Daily Work Orders List" III. Trouble Reports will be sent by MDC from DoNotReply@MiamiDade.eov with carbon copy (Cc) to PWWM-TSS@MiamiDade.eov Pe�36? of 004 3901 Commerce Parkway L 33025 TRAP8- Miramar. 42.0697G-,0RE. tel: 954.342.0690 fax: 954.342.0697 IV. The Trouble Reports from MDC Traffic Signals and Signs, Division Enterprise Asset Management System in a document titled "Open TSS Work Orders for TransCore" will initiate the scheduling of a TransCore traffic signal technician to respond and diagnose any issues communicated by the trouble report. V. Work Orders will include: i. Work Order Numbers ii. Date and Time Trouble Report and Work Orders were emailed to TransCore iii. Asset Name, Number, and Location (address) iv. Description of the failure, received by the MDC Operations Center. VI. TransCore will acknowledge receipt of Trouble Report through automatic email confirmation received through Enterprise Asset Management System (EAMS). VII. TransCore shall then assign a technician to address the Work Order within a reasonable time from TransCore's acknowledgement of the Trouble Report and Work Order. VIII. TransCore Technician, once at site, will first observe the site and photograph the entire intersection. Video snapshots may also be taken to capture intersections or any other issue that may require a video to properly photo document findings. IX. If the issue found at an intersection is related to ITS installation work or negligence by the DBOM firm, TransCore will email both "Signal.Complaints" and "TSS.Construction" and provide information about the issue. TransCore shall also notify MDC, the City and KHA of the problem and make the necessary repairs. ITS Repairs will be done at no charge to the MDC or the City. X. Any signal system component that may need replacement as a result of a failure related to the ITS device and not associated with negligence, may be forwarded by MDC to TransCore. The cost of resupplying material to MDC shall constitute a reimbursable expense from the City to MDC. XI. If the issue at the site is determined to be unrelated to the ITS installation work, the DBOM Firm shall notify MDC to dispatch an MDC technician to restore the intersection to normal operations. XII. Once normal operation is restored, the DBOM Firm will close the trouble ticket. The trouble report provided by EAMS will be updated by the Contractor so that MDC can confirm and close the trouble report in EAMS. This is contingent on MDC providing access to the DBOM Contractor to EAMS. XIII. The DBOM Firm will maintain for each Trouble Report and Work Order a "TransCore Signal System Maintenance Response Spreadsheet" that will provide the following information: L Trouble Report and Work Order Numbers ii. Time Trouble Report and Work Order was emailed to the DBOM Firm iii. Time Trouble Report and Work Order was acknowledged by the DBOM Firm iv. Time Technician assigned to Work Order arrived at intersection identified in Work Order v. Time Technician provided his or her findings to MDC, the City and KHA vi. Time Trouble Report and Work Order was closed. XIV. TransCore Signal System Maintenance Spread Sheet shall also include photos and video, as well as any other supporting documentation that may be required to properly illustrate the findings and the resolution at each specific site. Page 63 of��91 3901 Commerce Parkway T SCORE. Miramar, FL 33025 tel: 954.342.0690 fax: 954.342.697 5) MDC Acceptance Procedure Once installation is complete at a site the DBOM contractor will coordinate with MDC, the City and KHA to schedule a final inspection of the completed site. This inspection shall occur within calendar 14 days upon receiving written confirmation that the installation on a certain signal is completed. I. TransCore Inspection Spread Sheet will include: L List of all ITS devices installed at each site. ii. Labeling Identification and Verification iii. Pre -Construction and Post -Construction Verification of Signal System Status and Condition. iv. Reference Documents that will be available during the Acceptance will be the initial photo and video inventory that was taken prior to construction as well as the pre -construction Check List Pqe 36 o� 9�91