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Agreement with the State of Florida Department of Transportation 20 2L -3Z`IK6 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 jurisdiction over State Road (SR) AlA (Collins Avenue) at 22nd Street, which is located within the limits of the CITY; and B. The CITY, pursuant to LAP Project 448626-1-54-01 (the "Project") , has drafted design plans to install special two- way cycle track pavement marking, along SR-AlA (Collins Avenue) at 22nd Street (the "Project Improvements") , the limits of which are described in the attached Exhibit 'A' (the PROJECT LIMITS) , which by reference shall become a part of this AGREEMENT; and C. The CITY will construct the Project Improvements inside the DEPARTMENT Right-of-Way, within the PROJECT LIMITS, in accordance with Project; and D. It is the intent 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 -- - - F. ---- The-CITY-;--by--Re-solut-ion--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 made a part hereof. 2 . ASSIGNMENT OF MAINTENANCE RESPONSIBILITIES The PARTIES agree that the execution of this AGREEMENT shall constitute an assignment of all maintenance responsibilities pertaining to the Project Improvements (collectively the "IMPROVEMENTS") within the PROJECT LIMITS to the CITY upon the DEPARTMENT' s issuance of final acceptance to the CITY. 3. CITY'S MAINTENANCE RESPONSIBILITIES So long as the IMPROVEMENTS remain in place, the CITY shall be responsible for the maintenance of the same. The CITY shall maintain the IMPROVEMENTS in accordance with all applicable DEPARTMENT guidelines, standards, and procedures, which shall include but shall not be limited to the Maintenance Rating Program Handbook, as may be amended from time to time. The CITY shall further maintain the IMPROVEMENTS in accordance with the standards set forth in the Project Plans, and in the Project Specifications and Special Provisions . The CITY'S maintenance obligations shall include but not be limited to: 3.1 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 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 obtaining copies of all applicable rules, regulations, policies, procedures, guidelines, and manuals, and the Project Specification and Special Provisions, as may be amended from time to time. 4 . MAINTENANCE DEFICIENCIES If at any time it shall come to the attention of the DEPARTMENT that the CITY 'S responsibilities as established herein are not being properly accomplished pursuant to the terms of this AGREEMENT, the DEPARTMENT may, at its option, issue a written notice, in care of the CITY MANAGER, to notify the CITY of the maintenance deficiencies . From the date of receipt of the notice, the CITY shall have a period of thirty (30) calendar days, within which to correct the cited deficiency or deficiencies . Receipt is determined in accordance with Section 5 of this AGREEMENT. If said deficiencies are not corrected within this time period, the DEPARTMENT may, at its option, proceed as follows : a. Maintain the 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 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 Drive Miami Beach, Florida 33139 Attention: City Manager Notices shall be deemed to have been received by the end of five (5) business days from the proper sending thereof unless proof of prior actual receipt is provided. 6. REMOVAL, RELOCATION OR ADJUSTMENT OF THE IMPROVEMENTS a. The PARTIES agree that the IMPROVEMENTS addressed by this AGREEMENT may be removed, relocated, or adjusted at any time in the future by the Department, and at the DEPARTMENT' s sole discretion. In the event that the DEPARTMENT relocates or adjusts the IMPROVEMENTS, the CITY'S maintenance responsibilities will survive the relocation or adjustment, as long as the materials remain within the PROJECT LIMITS. b. In the event 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 --- - ----- -,--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 reserve the right to unilaterally cancel this AGREEMENT if the CITY refuses to allow public access to any or all documents, papers, letters, or other materials made or received by the CITY pertinent to this AGREEMENT unless the records are exempt from Section 24 (a) of Article I of the State Constitution and Section 119. 07 (1) , of the Florida Statutes . c. If mutually agreed to by both parties, upon thirty (30) days written advance notice. An agreement to terminate shall be valid only if made in writing and executed with the same formalities as this AGREEMENT. d. By the CITY, upon thirty (30) days advance written notice to the DEPARTMENT. Prior to termination of the AGREEMENT under this Section, the CITY shall, at its sole cost and expense, remove all the IMPROVEMENTS and restore the area to a standard feature, in accordance with the DEPARTMENT'S guidelines, standards, and procedures, and to the satisfaction of the DEPARTMENT. 8. 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 5 of 11 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 Number 2011-02) The CITY shall insert the above clause into any contract entered into by the CITY with vendors or contractors hired by the CITY for purposes of performing its duties under this AGREEMENT. c. This writing embodies the entire AGREEMENT and understanding between the PARTIES hereto and there are no other agreements and understanding, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. d. This AGREEMENT shall not be transferred or assigned, in whole or in part, without the prior written consent of the DEPARTMENT. e . This AGREEMENT shall be governed by and constructed in accordance with the laws of the State of Florida. Any provisions of this AGREEMENT found to be unlawful or unenforceable shall be severable and shall not affect the validity of the remaining portions of the AGREEMENT. f. 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 6of11 T _e-.- CTTY is a muriici al cor oration - self-insured-arid 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 CITY' s sovereign immunity protections, or as increasing the limits of liability as set forth in Section 768 .28, Florida Statutes . 9. INDEMNIFICATION Subject to Section 768 .28, Florida Statutes, as may be amended from time to time, the CITY shall promptly indemnify, defend, save and hold harmless the DEPARTMENT, its officers, agents, representatives and employees from any and all losses, expenses, fines, fees, taxes, assessments, penalties, costs, damages, judgments, claims, demands, liabilities, attorneys fees, (including regulatory and appellate fees) , and suits of any nature or kind whatsoever caused by, arising out of, or related to the CITY'S exercise or attempted exercise of its responsibilities as set out in this AGREEMENT, including but not limited to, any act, action, neglect or omission by the CITY, its officers, agents, employees or representatives in any way pertaining to this AGREEMENT, whether direct or indirect, except that neither the CITY nor any of its officers, agents, employees or representatives will be liable under this provision for damages arising out of injury or damages directly caused or resulting from the negligence of the DEPARTMENT. The CITY'S obligation to indemnify, defend and pay for the defense of the DEPARTMENT, or at the DEPARTMENT' s option, to participate and associate with the DEPARTMENT in the defense and trial of any claim and any related settlement negotiations, shall be triggered immediately upon the CITY'S receipt of the DEPARTMENT' s notice of claim for indemnification. The notice of claim for indemnification shall be deemed received if the DEPARTMENT sends the notice in accordance with the formal notice mailing requirements set forth in Section 5 of this AGREEMENT. The DEPARTMENT' s failure to notify the CITY of a claim shall not release the CITY of the above duty to defend and indemnify the DEPARTMENT. The CITY shall pay all costs and reasonable attorney' s fees Maintenance Memorandum of Agreement between Florida Department of Transportation and the City of Miami Beach Page 7 of 11 related to this obligation and its enforcement by the - - - ---- DEPARTMENT. --The- indemnification provisions--of- this--section ---�- �-------- shall survive termination or expiration of this AGREEMENT, but only with respect to those claims that arose from acts or circumstances which occurred prior to termination or expiration of this AGREEMENT. The CITY'S evaluation of liability or its inability to evaluate liability shall not excuse the CITY'S duty to defend and indemnify the DEPARTMENT under the provisions of this section. Only an adjudication or judgment, after the highest appeal is exhausted, specifically finding the DEPARTMENT was negligent shall excuse performance of this provision by the CITY with said excusal of performance applying only to the extent the relevant injury or damages resulted in part or wholly from the negligence of the DEPARTMENT. Maintenance Memorandum of Agreement between Florida Department of Transportation and the City of Miami Beach Page 8 of 11 IN WITNESS WHEREOF, the parties hereto have caused these - pre-sents to-be executed the day and year first above written. CITY OF MIAMI BEACH: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION: • BY: LALf.1 BY: CITY Manager or Mayor District Director of Transportation Operations ATTEST: (SEAL) ATTEST: • CITY Cl rk Executive Secretary J11416ilZWGAL REVIEW tINCOAF OBATED • C`H`zU-- BY: Irk \ BY: 1e CITY Attorney District Chief Counsel 7/ . Maintenance Memorandum of Agreement between Florida Department of Transportation and the City of Miami Beach Page 9 of 11 APPROVED AS TO FORM & LANGUAGE & F_Q2,EXECUTION "pit,(k. till a A. City Attorney l- Date EXHIBIT 'A' PROJECT rLIMITS 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 Avenue County: Miami-Dade Maintenance Memorandum of Agreement between Florida Department of Transportation and the City of Miami Beach Page 10 of 11 t • �j EXIST.SIGN I�I c(,.,'. C.; � �'"t'' (TO REMAIN) ,.. J b •. w s y`' 23 St p2 • `';.' I NEXTSICGNAL € IN�O181 . w . P \ ' EXIST.SIGN !ION Oa EXIST.R/W LINE I _ Q Q I• I p 5 20 (TO REMAIN) ---� Q .. 52 a EXIST.SIGN I '1 O (TO REMAIN) lj "IT Fee[ c3 . 3.. I EXIST.R/W LINE + STA l5+53 4�' F` I - n(z4"z 3a) ti EXIST.SIGN Too-1-I1 :��: -." + PAV ENT', ARKINGSo H EXIST.SIGN (TO REMAIN) I AS ::V it 's,— O S SU' VEr.27ND STREET W (TO REMAIN) ,. 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'- - ' 1 2 A' EXIST.SIGN (TO BE REMOVED) W TRAIL °i (TO BE REMOVED) Q� ..E o EXI�LT.R/W LINE ' I 700-1-60 I AS 700-1-60 STA 16+27 •• :?: E� Q il <XIST.SIGN X-ING I RIO-15B - `" 1 .-- 1 AS ._ R, TO REMAIN) 1 AS I T' !3a'X 36`) -Sr-Ta (-'A(Y7 niZ•- +73.27 2�� (- 17+18 LEGEND: �r I 1700-I-1I I I35.>-VM F.' -" I 57.I7(RTl O ,, ,A ) o 7�. 33 f5R I "I f� I I AS STA I6+37 I S,SU'Vf�l 1• J j36"X 36"1 Q ' R10-22 ZO"WHITF !)r x IB") ' PATTERNED PAVEMENT-GREEN BIKE LANE -. IG "'-' EXIST.SIGN `' W7-I-G ,o EXIST.SIGN 1700-1-11 I - .l OU fiYPl (' (2P X 1B"1 s' g6"WHITE(TYP.) (TO REMAIN) 1 AS (TO REMAIN) Q q_ I- 1700-i-1 I Ir WHITE(TYP.) Q BEGIN E'IISN,Ilf�6'y& . Ems$ Q/W Y 8 IB WHITE(TIP.) NOTE ALL PARTIAL STATIONS AND OFFSETS oc PAVEMENT,MAKE INGS LME 4 6"DBL YELLOW WITH V1 Q -• o Y/Y RPMS�d 4a C.C.(TYP.) ARE BASED ON THE 8 SURVEY 22ND STREET STA.SURVEY ff2N t STR�EET - i fl 16+02.30;`54.15'IRT c. REVISIONS Kimley*Horn MIAMI BEACH SHEET DATE DESCRIPTION DATE DESCRIPTION rieq,srry 696 SIGNING AND PAVEMENT _ "D Leoate I.se No.e.P.E. COUNTY PROJECT NO MARKING PLAN P.E.License No. Sore 0812 S-)1 355 Alhambra Circle-Suite 1400 MIAMI-DADS 448626-1-54-01 Coral Gable,Florida 33134 Ad11.Borad a 5/2372022 R'30'3T-PM DeTcoW c:\plelkNRd0113645\pLANSP05 dgn EXHIBIT 'B' CITY OF MIAMI BEACH RESOLUTION To be herein incorporated once ratified by the CITY Board of Commissioners . Maintenance Memorandum of Agreement between Florida Department of Transportation and the City of Miami Beach Page 11 of 11 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-Al A) 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 '•.Illt0RPt ORATED,' CH'Zo - APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION City Attorney I — Date M I AM I BEACH Contract/Document Routing Form Contract No. Title Maintenance Memorandum of Florida Department of Transportation(FDOT)Special Two-Way Cycle Track Pavement Agreement(448626-1-54-01) Marking Maintenance Memorandum of Agreement(MMOA)with the City of Miami Beach Contractor Requ N/A Transportation&Mobility Department Director Name&Signature g^ Name&Si m ,•� : __ M Jose R.Gonzalez,Transportation&Mobility Director \ • Rickelle Williams,Assistant City Manager ►'A i A Document 711111111111111111, Type 1—Contract,amendment,change order or task order resulting from a procurement-issued competitive solicitation. Type 2—Other contract,amendment,change order or task order not resulting from a procurement-issued competitive solicitation. Type 3—Independent Contractor Agreement(ICA) Type 6—Tenant Agreement Type 4—Grant agreements with the City as the recipient X Type 7—Inter-governmental agency agreement Type 5—Grant agreements with the City as the grantor Other: Brief Summary&Purpose(attach memo if additio l s!,.C4 is Wit- . :. Attached please find the form-approved FOOT Special Two-Way Cycle Track Pavement Marking MMOA with the City of Miami Beach for execution.The City worked with FDOT to secure approval of a proposed two-way(east-west) special green cycle track payvement markings along the south side fo the instersection of Collins Avenue and 22^d Street,within the FDOT right- of-way,to ensure safe bicycle connectivity across Collins Avenue to and from the Beachwalk.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 MMOA which delineates the City's maintenance-related responsibilities in connection with the proposed cycle track pavement markings. Execution of this MMOA does not require an expenditure at this time. Future maintenance needs will be budgeted in future years'operating budgets. At the December 14,2022 City Commission Meeting,Resolution No.2022-32436,was adopted in substantial form,approving MMOA with 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"d Street;and further authorizing the City Manager and City Clerk to execute the Agreement. Original Term • rt, riods Total Term(Original+Renewals) N/A N/A N/A •°^^� ' � ^• ` ,dallirknding Information 1 Grant Funded: . Yes © No - State . Federal • Other: Cost&Funding Source q rveai ' Account Require Enhanc 1 N/A N/A Yes No 2 Yes No 3 Yes No uthority to Sign City Commission Approved: X Yes No Resolution No.: CC Agenda Item No.: CC Meeting Date: 2022-32436 C7 L December 14,2022 If no,explain why CC approval is not required: Legal Form Approved: X Yes No If no,explain below why form approval is not necessary: Compliance Approvals(see attached) Procurement: n/a Grants: n/a Budget: n/a Information Technology: n/a Risk Management: n/a Fleet&Facilities: n/a Human Resources: n/a Rao A Gleam a0,b