Resolution 2024-32873 RESOLUTION NO. 2024-32873
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER AND CITY
CLERK TO EXECUTE A COMMUNITY AESTHETIC FEATURE AGREEMENT
WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT), FOR
THE CONSTRUCTION OF THE NORTH BEACH ENTRANCE SIGN LOCATED
WITHIN THE FDOT RIGHT-OF-WAY AT THE INTERSECTIONS OF WEST BAY
DRIVE AND NORMANDY DRIVE (71ST STREET); AND FURTHER
AUTHORIZING THE CITY TO PROVIDE A BOND OR LETTER OF CREDIT IN
THE AMOUNT OF FIFTY THOUSAND DOLLARS ($50,000), FOR THE FUTURE
REMOVAL OF THE ENTRANCE SIGN AND RESTORATION OF THE RIGHT OF
WAY, AS MAY BE REQUIRED BY FDOT.
WHEREAS, in December 2014, the City Commission approved a project proposed in the
North Beach Revitalization Strategies plan for the installation of iconic signs at the entrances to
the City located at Harding Avenue and 87th Street, and 71st Street and West Bay Drive in North
Beach; and
WHEREAS, both entrance signs were endorsed by the Mayor's Blue-Ribbon Panel on
North Beach; and
WHEREAS, in 2015, the City engaged Shulman and Associates to prepare concept
designs for the new entrance signs; and
WHEREAS, the design underwent an extensive public outreach process including
presentations for review and input from the community and the Florida Department of
Transportation (FDOT); and
WHEREAS, on May 8, 2019, the City Commission approved the concept designs via
Resolution 2019-30832, and directed staff to proceed with the design, permitting and construction
of both entrance signs; and
WHEREAS, in November 2019, the final concept designs for the entrance signs were
further reviewed and approved by FOOT; and
WHEREAS, in January 2022, the City engaged consultant Douglas Wood Associates
(DWA) from the City's contract for Professional Architectural and Engineering Services RFQ
2020-096-ND to further develop the concept design, provide construction documents and other
services through the construction phase, for both project sites; and
WHEREAS,the designs for the entrance signs located at Harding Avenue and 87th Street,
and 71st Street and West Bay Drive, were presented to the Ad Hoc North Beach CRA on July 12,
2022, with the CRA expressing its support for the project; and
WHEREAS,the designs were also presented on September 6, 2022 to the Design Review
Board and on September 13, 2022 to the Historic Preservation Board, with both entrance signs
, receiving approval by their respective Boards; and
WHEREAS, the City commenced with the permitting process of the design documents in
December 2022; and
WHEREAS, the proposed entrance sign at 71st Street and West Bay Drive, replaces an
existing entrance sign located within the FDOT right-of-way, east of the John F. Kennedy bridge;
and
WHEREAS, the project site plan and renderings are attached for reference (Exhibit A);
and
WHEREAS, in December 2022, the City submitted construction drawings to FDOT for
permit review and approval for the installation of the entrance sign; and
WHEREAS, on January 25, 2023, a permit pre-application meeting was held with FDOT,
where they advised that the proposed 71st Street entrance sign would be reviewed under a
specific process for gateway and monument signs to be located on state roads within their
jurisdiction;and
WHEREAS, a new agreement is required even though there is already an existing
entrance sign at this location; and
WHEREAS, per FDOT requirements, the City must execute a Community Aesthetic
Feature (CAF) Agreement with FDOT, provide a resolution with,specific language related to the
responsibility for maintenance of the structure, and provide a bond, letter of credit or other similar
financial vehicle for future removal of the entrance sign and restoration of the right of way, as may
be required_by FOOT; and
WHEREAS,the project has undergone multiple rounds of review with FDOT however,CAF
requirements must be satisfied by the City to allow FDOT to finalize the permit review and
approval process for the entrance sign; and
WHEREAS, the City's formal request that FDOT waive the requirement for a bond or letter
of credit was denied; and
WHEREAS, the City must provide a bond, letter of credit or similar financial vehicle in the
amount of Fifty Thousand Dollars ($50,000.00); and
WHEREAS, the Administration recommends that the Mayor and City Commission
authorize the City Manager and City Clerk to request Florida Department of Transportation
approval for a Community Aesthetic Feature application for the new Miami Beach entrance, and
to execute the Community Aesthetic Feature Agreement between the City and FDOT for the
construction of the entrance sign within their right of way(Exhibit B).
NOW, THEREFORE, BE IT DULY RESOLVED BY. THE MAYOR AND CITY
COMMISSION OF THE, CITY OF MIAMI BEACH, FLORIDA, authorize the City Manager and
City Clerk to execute a Community Aesthetic Feature Agreement with the Florida Department of
Transportation (FDOT), for the construction of the North Beach Entrance Sign located within the
FDOT Right-of-Way at the intersections of West Bay Drive and Normandy Drive (71 st Street);
and further authorize the City to provide a Bond or Letter of Credit in the amount of Fifty Thousand
dollars ($50,000), for the future removal of the entrance sign and restoration of the right of way,
as may be required by FDOT.
PASSED and ADOPTED this 3' day of 76n44 v , 2023.
Steven Meiner, Mayor
ATTEST: FEB 0 6 2024 APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
Rafael E. Granado, City Clerk ;w,.N,,, I l—2`1=Z3
J ..... ,1',n City Attorney ' Date
% JNEORP-ORATED
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i Agenda Item 67C-
Date i-3/-Ay
MIAMI I A ,
City of Miami Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Honorable Mayor Steven Meiner and Members of the City Commission
FROM: Aline T. Hudak, City Maria':
DATE: January 31, 2024
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER AND CITY
CLERK TO EXECUTE A COMMUNITY AESTHETIC FEATURE AGREEMENT
WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT), FOR
THE CONSTRUCTION OF THE NORTH BEACH ENTRANCE SIGN LOCATED
WITHIN THE FDOT RIGHT-OF-WAY AT THE INTERSECTIONS OF WEST BAY
DRIVE AND NORMANDY DRIVE (71ST STREET); AND FURTHER
AUTHORIZING THE CITY TO PROVIDE A BOND OR LETTER OF CREDIT IN
THE AMOUNT OF FIFTY THOUSAND DOLLARS($50,000),FOR THE FUTURE
REMOVAL OF THE ENTRANCE SIGN AND RESTORATION OF THE RIGHT OF
WAY, AS MAY BE REQUIRED BY FDOT.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission approve the resolution.
FUNDING
$50,000 TOTAL 302-0820-069357-00-410-530-00-00-00-64190
BACKGROUND
In December 2014, the City Commission approved a project proposed in the North Beach
Revitalization Strategies plan for the installation of iconic signs at the entrances to the City located
at Harding Avenue and 87th Street, and 71st Street and.West Bay Drive in North Beach. Both
entrance signs were endorsed by the Mayor's Blue-Ribbon Panel on North Beach.
In 2015, the City engaged Shulman and Associates to prepare concept designs for the new
entrance signs.The design underwent an extensive public outreach process including presentations
for review and input from the community, and the Florida Department of Transportation(FDOT).
On May 8, 2019, the City Commission approved the concept designs via Resolution 2019-30832,
and directed staff to proceed with the design, permitting and construction of both entrance signs.
In November 2019, the final concept designs for the entrance signs were further reviewed and
approved by FDOT.
In January 2022, the City engaged consultant Douglas Wood Associates (DWA)from the City's
contract for Professional Architectural and Engineering Services RFQ 2020-096-ND to further
develop the concept design, provide construction documents and other services through the
construction phase, for both project sites.
The designs for the entrance signs located at Harding Avenue and 87th Street,and 71st Street and
West Bay Drive, were presented to the Ad Hoc North Beach CRA on July 12, 2022, which
expressed its support for the project.The designs were also presented on September 6,2022 to the
Design Review Board and on September 13, 2022 to the Historic Preservation Board. Both
entrance signs received approval by their respective Boards. The City commenced with the
permitting process of the design documents in December 2022.
ANALYSIS
The proposed entrance sign at 71st Street and West Bay Drive,, replaces an existing entrance sign
located within the FDOT right-of-way,east of the John F.Kennedy bridge.The project site plan and
renderings are attached for reference(Exhibit A).
In December 2022, the City submitted construction drawings to FDOT for permit review and
approval for the installation of the entrance sign. On January 25, 2023, a permit pre-application
meeting was held with FDOT, where they advised that the proposed 71st Street entrance sign
would be reviewed under a specific process for gateway and monument signs to be located on state
roads within their jurisdiction.A new agreement is required even though there is already an existing
entrance sign at this location. Per FDOT requirements, the City must execute a Community
Aesthetic Feature(CAF)Agreement with FDOT,provide a resolution with specific language related
to the responsibility for maintenance of the structure, and provide a bond, letter of credit or other
similar financial vehicle for future removal of the entrance sign and restoration of the right of way,as
may be required by FDOT.
The project has undergone multiple rounds of review with FDOT however CAF requirements must
be satisfied by the City to allow FDOT to finalize the permit review and approval process for the
entrance sign.
The Administration requests that the Mayor and City Commission authorize the City Manager and
City Clerk to request that Florida Department of Transportation approve a Community Aesthetic
Feature application for the new Miami Beach entrance, and to execute the Community Aesthetic
Feature Agreement between the City and FDOT for the construction of the entrance sign within their
right of way(Exhibit B).
The City formally requested that FDOT waive the requirement for a bond or letter of credit,but the
request was denied.The City must provide a bond,letter of credit or similar financial vehicle in the
amount of Fifty Thousand Dollars($50,000.00).
CONCLUSION
The Administration recommends that the City Commission approve the resolution.
ATTACHMENTS:
Exhibit A—Site Plan and rendering for North Beach Entrance Signs—71st Street site
Exhibit B-Draft OAF Agreement
EXHIBIT A
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EXHIBIT B
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 625-010-10
COMMUNITY AESTHETIC FEATURE AGREEMENT ROADWOGC AY DESIGN
Page 1 of 12
State Road/Local Road Section No. CAFA No.
This Community Aesthetic Feature Agreement("Agreement")is entered into this day of
between the State of Florida, Department of Transportation("Department")and
("Agency"). The Department and the Agency are sometimes referred to in this Agreement as a"Party"and collectively as
the"Parties."
RECITALS
A. The Agency has requested permission from the Department to install a [CHOOSE ONE: OPublic Art, OLocal
Identification Marker]community aesthetic feature on that certain right-of-way owned by the Department which is
located on State Road/Local Road
at MP in County, Florida("Project").
B. The Department agrees that transportation facilities enhanced by community aesthetic features can benefit the
public,result in positive economic development,and increase tourism both locally and throughout Florida.
C. The Parties agree to the installation and maintenance of the Project,subject to the terms and conditions in this
Agreement.
AGREEMENT
1. TERM. The term of this Agreement shall commence upon full execution of this Agreement("Effective
Date")and continue through ,which is determined as the lifespan of the Project,unless terminated at an
earlier date as provided in this Agreement. If the Agency does not complete the installation of the Project within
( )days of the Effective Date of this Agreement,the Department may immediately terminate this
Agreement. This Agreement may only be renewed for a term no longer than the original term of this Agreement upon a
writing executed by both Parties to this Agreement.
2. PROJECT DESCRIPTION. The Project is a[CHOOSE ONE:OPublic Art,OLocal Identification
Marker],as more fully described in the plans in Exhibit"A",attached and incorporated in this Agreement.
3. FUNDING OF THE PROJECT. The Agency has agreed by resolution to approve the Project and to
fund all costs for the design,installation,and maintenance:of the Project,and such resolution is attached and
incorporated in this Agreement as Exhibit"D". The Department shall not be responsible for any costs associated with the
Project. All improvements funded,constructed,and installed by the Agency shall remain the Agency's property.
However,this permissive use of the Department's right-of-way where the Project is located does not vest any property
right,title,or interest in or to the Agency for the Department's right-of-way.
4. DESIGN AND CONSTRUCTION STANDARDS AND REQUIRED APPROVALS.
a. The Agency is responsible for the design,construction,and maintenance of the Project in accordance
with all applicable federal,state and local statutes,rules and regulations, including the Department
standards and specifications. A professional engineer,registered in Florida,shall provide the certification
that all design and construction for the Project meets the minimum construction standards established by
the Department and applicable Florida Building Code construction standards. The Agency shall submit
all plans or related construction documents, cost estimates, project schedule,and applicable third party
agreements to the Department for review and approval prior to installation of the Project. The Agency is
responsible for the preparation of all design plans for the Project, suitable for reproduction on 11 inch by
17 inch sheets,together with a complete set of specifications covering all construction requirements for
the Project. A copy of the design plans shall be provided to the Department's District Design Engineer,
located at
The Department will review the plans for conformance to the Department's requirements and feasibility.
The Department review shall not be considered an adoption of the plans nor a substitution for the
engineer's responsibility for the plans. By review of the plans,the Department signifies only that such
plans and improvements satisfies the Department's requirements, and the Department expressly
EXHIBIT B
- i
625-010-10
ROADWAY DESIGN
OGC-08/17
Page 2 of 12
disclaims all other representations and warranties in connection with the plans, including,but not limited
to the integrity,suitability,or fitness for the intended purpose or whether the improvements are
constructed in accordance with the plans. The Department's review of the plans does not relieve the
Agency, its consultants or contractors of any professional or other liability for the plans. All changes
required by the Department shall be made by the Agency and final corrected plans shall be provided to
the Department within thirty(30)days.
b. The Agency shall be responsible for locating all existing utilities,both aerial and underground,and for
ensuring that all utility locations be accurately documented on the construction plans. All utility conflicts
shall be fully resolved directly with the applicable utility. Section 337.403, Florida Statutes,shall
determine whether the utility bears the costs of utility work. The Agency shall bear the costs of utility
work not required to be borne by the utility by Section 337.403, Florida Statutes.
c. The Agency shall be responsible for monitoring construction operations and the maintenance of traffic
("MOT")throughout the course of the Project in accordance with the latest edition of FDOT Standard
Specifications,Section 102. The Agency is responsible for the development of a MOT plan and making
any changes to that plan as necessary. The MOT plan shall be in accordance with the latest version of
FDOT Design Standards, Index 600 series. Any MOT plan developed by the Agency that deviates from
FDOT Design Standards must be signed and sealed by a professional engineer. MOT plans will require
approval by the Department prior to implementation.
d. The Agency is responsible for obtaining all permits that may be required by any federal,state,or local
agency.
e_ Prior to commencing the Project,the Agency shall request a Notice to Proceed from the Department's
Construction Project Manager, ,at( ) - or from an appointed
designee.
f. The Agency is authorized,subject to the conditions in this Agreement,to enter Department's right-of-way
to install the Project(see attached Exhibit"B°Special Provisions). The Parties agree that this Agreement
creates a permissive use only. Neither the granting of permission to use Department's right-of-way nor
the placing of facilities upon Department's right-of-way shall operate to create or vest any property right in
or to the Agency. The Agency shall not acquire any right,title,interest,or estate in the Department's
right-of-way,of any nature or kind whatsoever,by virtue of the execution,operation,effect,or
performance of this Agreement including,but not limited to,the Agency's use,occupancy or possession
of the Department's right-of-way.
g. The Department shall have the right, but not the obligation,to perform independent assurance testing
during the course of construction and throughout the maintenance term of the Project. If the Department
determines that a condition exists which threatens the public's safety,the Department may,at its
discretion,cause the Project to cease and/or immediately have any potential hazards removed from its
right-of-way at the sole cost,expense,and effort of the Agency. Should the Agency fail to remove the
safety hazard within thirty(30)days,the Department may remove the safety hazard at the Agency's sole
cost,expense,and effort.
h. The Agency shall be responsible to ensure that construction of the Project is performed in accordance with
the approved construction documents,and that it will meet all applicable federal,state,and local standards
and that the work is performed in accord with the Terms and Conditions contained in Exhibit"C".
i. The Agency shall notify the Department a minimum of forty eight(48)hours before beginning the Project
within the Department's right-of-way. The Agency shall notify the Department should installation be
suspended for more than five(5)working days.
j. Upon completion of the Project,the Agency shall notify the Department in writing of the completion of the
installation of the Project. For all design work that originally required certification by a Professional
Engineer,the notification shall contain a Responsible Professional's Certification of Compliance,signed
and sealed by the responsible professional for the project,the form of which is attached to this
EXHIBIT B
625-010-10
ROADWAY DESIGN
OGc-08117
Page 3 of 12
Agreement as Exhibit"E". The certification shall state that work has been completed in compliance with
the Project construction plans and specifications. If any deviations are found from the approved plans,
the certification shall include a list of all deviations along with an explanation that justifies the reason to
accept each deviation. The Agency and its contractors shall remove their presence, including, but not
limited to, all of the Agency or its contractor's/subcontractor's/consultant's/subconsultant's property,
machinery, and equipment from the Department's right-of-way and shall restore those portions of the
Department's right-of-way disturbed or otherwise altered by the Project to substantially the same
condition that existed immediately prior to the commencement of the Project, at Agency's sole cost and
expense.
k. If the Department determines that the Project is not completed in accordance with the provisions of this
Agreement. the Department shall deliver written notification to the Agency The Agency shall have thirty
(30)days from the date of receipt of the Department's written notice to complete the Project and provide
the Department with written notice of the same("Notice of Completion"). If the Agency fails to timely
deliver the Notice of Completion or if it is determined that the Project is not properly completed after
receipt of the Notice of Completion, the Department may: 1)provide the Agency with written authorization
granting additional time as the Department deems appropriate to correct the deficiency(ies); or 2)correct
the deficiency(ies)at the Agency's sole cost and expense, without Department liability to the Agency for
any resulting loss or damage to property, including but not limited to machinery and equipment. If the
Department elects to correct the deficiency(ies), the Department shall provide the Agency with an invoice
for the costs incurred by the Department and the Agency shall pay the invoice within thirty(30)days of
the date of the invoice.
I Upon completion of the Project,the Agency shall be responsible for the perpetual maintenance of the
Project, including all costs. The maintenance schedule shall include initial defect, instantaneous damage
and deterioration components. The initial defect maintenance inspection should be conducted, and any
required repairs performed during the construction phase. The instantaneous damage maintenance
inspection should be conducted sixty (60)to ninety(90)days after placement and is intended to identity
short term damage that does not develop over longer time periods. The deterioration maintenance
inspection shall be conducted on regular, longer term intervals and is intended to identify defects and
damages that occur by naturally occurring chemical, physical or biological actions, repeated actions such
as those causing fatigues, normal or severe environmental influences, abuse or damage due to other
causes_ Deterioration maintenance shall include. but is not limited to, the following services.
m. The Agency shall, within thirty(30)days after expiration or termination of this Agreement, remove the
Project and restore the right-of-way to its original condition prior to the Project. The Agency shall secure
its obligation to remove the Project and restore the right-of-way by providing a removal and restoration
deposit, letter of credit, or performance bond in the amount of$ . The removal and
restoration deposit, letter of credit, or bond shall be maintained by the Agency at all times during the term
of this Agreement and evidence of the deposit, letter of credit, or bond shall be submitted to the
Department on an annual basis A waiver of the deposit, letter of credit, or bond requirement is permitted
with approval from the District Maintenance Engineer for those installations with estimated
restoration/removal costs less than or equal to$2000.00.
District Maintenance Engineer, Date.
n. The Department reserves its right to cause the Agency to relocate or remove the Project, in the
Departments sole discretion, and at the Agency's sole cost.
EXHIBIT B
625-010-10
ROADWAY DESIGN
OGC-08/17
Page 4 of 12
5. INDEMNITY AND INSURANCE.
a. The Agency agrees to include the following indemnification in all contracts with contractors,
subcontractors,consultants,and subconsultants,who perform work in connection with this Agreement:
"The contractor/subcontractor/consultant/subconsultant shall indemnify,defend,save and hold
harmless the State of Florida, Department of Transportation and all of its officers,agents or employees
from all suits,actions,claims,demands, liability of any nature whatsoever arising out of,because of, or
due to any negligent act or occurrence of omission or commission of the contractor/subcontractor/
consultant/subconsultant,its officers,agents or employees."
b_ The Agency shall carry or cause its contractor/subcontractor/consultant/subconsultant to carry and
keep in force during the period of this Agreement a general liability insurance policy or policies with a
company or companies authorized to do business in Florida,affording public liability insurance with
combined bodily injury limits of at least$1,000,000 per person and$5,000,000 each occurrence, and
property damage insurance of at least$100,000 each occurrence,for the services to be rendered in
accordance with this Agreement. Additionally,the Agency or its contractor/subcontractor/
consultant/subconsultant shall cause the Department to be an additional insured party on the policy or
policies,and shall provide the Department with certificates documenting that the required insurance
coverage is in place and effective. In addition to any other forms of insurance or bonds required under
the terms of the Agreement,when it includes construction within the limits of a railroad right-of-way,the
Agency must provide or cause its contractor to obtain the appropriate rail permits and provide insurance
coverage in accordance with Section 7-13 of the Department's current Standard Specifications for Road
and Bridge Construction,as amended.
c. The Agency shall also carry or cause its contractor/subcontractor/consultant/subconsultant to carry and
keep in force Worker's Compensation insurance as required by the State of Florida under the Worker's
Compensation Law.
6. NOTICES. All notices pertaining to this Agreement are in effect upon receipt by either Party,shall be in
writing,and shall be transmitted either by personal hand delivery;United States Post Office,return receipt requested; or,
overnight express mail delivery. E-mail and facsimile may be used if the notice is also transmitted by one of the
preceding forms of delivery. The addresses set forth below for the respective parties shall be the places where notices
shall be sent,unless prior written notice of change of address is given.
STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION
DISTRICT PROGRAM MANAGER
Phone:
Fax:
COUNTY[OR CITY], FLORIDA
Phone:
Fax:
EXHIBIT B
625-010-10
ROADWAY DESIGN
OGC-06f17
Page 5 of 12
7. TERMINATION OF AGREEMENT. The Department may terminate this Agreement upon no less than
thirty(30)days notice in writing delivered by certified mail,return receipt requested,or in person with proof of delivery.
The Agency waives any equitable claims or defenses in connection with termination of the Agreement by the Department
pursuant to this Paragraph 7.
8. LEGAL REQUIREMENTS.
a. This Agreement is executed and entered into in the State of Florida and will be construed, performed,
and enforced in all respects in strict conformity with local,state,and federal laws,rules,and regulations.
Any and all litigation arising under this Agreement shall be brought in a state court of appropriate
jurisdiction in Leon County, Florida,applying Florida law.
b. If any term or provision of the Agreement is found to be illegal or unenforceable,the remainder of the
Agreement will remain in full force and effect and such term or provision will be deemed stricken.
c. The Agency shall allow public access to all documents,papers,letters,or other material subject to the
provisions of Chapter 119, Florida Statutes,and made or received by the Agency in conjunction with this
Agreement. Failure by the Agency to grant such public access shall be grounds for immediate unilateral
cancellation of this Agreement by the Department.
d. The Agency and the Department agree that the Agency,its employees,contractors,subcontractors,
consultants,and subconsultants are not agents of the Department as a result of this Agreement.
e. The Agency shall not cause any liens or encumbrances to attach to any portion of the Department's right-
of-way.
9. PUBLIC ENTITY CRIME. The Agency affirms that it is aware of the provisions of Section
287.133(2)(a),Florida Statutes. A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity,
may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work,
may not submit bids on leases of real property to a public entity,may not be awarded or perform work as a contractor,
supplier,subcontractor, or consultant under a contract with any public entity,and may not transact business with any
public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes,for CATEGORY TWO for a
period of thirty six(36)months from the date of being placed on the convicted vendor list. The Agency agrees that it shall
not violate Section 287.133(2)(a), Florida Statutes,and further acknowledges and agrees that any conviction during the
term of this Agreement may result in the termination of this Agreement.
10. UNAUTHORIZED ALIENS. The Department will consider the employment of unauthorized aliens,by
any contractor or subcontractor,as described by Section 274A(e)of the Immigration and Nationalization Act, cause for
termination of this Agreement.
11. NON-DISCRIMINATION. The Agency will not discriminate against any employee employed in the
performance of this Agreement,or against any applicant for employment because of age,ethnicity,race,religious belief,
disability,national origin,or sex. The Agency shall provide a harassment-free workplace,with any allegation of
harassment given priority attention and action by management. The Agency shall insert similar provisions in all contracts
and subcontracts for services by this Agreement.
12. DISCRIMINATORY VENDOR LIST. The Agency affirms that it is aware of the provisions of Section
287.134(2)(a), Florida Statutes. An entity or affiliate who has been placed on the discriminatory vendor list may not
submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a
public entity for the construction or repair of a public building or public work, may not submit bids on leases of real
property to a public entity, may not be awarded or perform work as a contractor,supplier,subcontractor,or consultant
under a contract with any public entity,and may not transact business with any public entity. The Agency further agrees
EXHIBIT B
625-010-10
ROADWAY DESIGN
0GG-08/17
Page 6 of 12
that it shall not violate Section 287.134(2)(a), Florida Statutes,and acknowledges and agrees that placement on the list
during the term of this Agreement may result in the termination of this Agreement.
13. ATTORNEY FEES. Each Party shall bear its own attorney's fees and costs.
14. TRAVEL. There shall be no reimbursement for travel expenses under this Agreement. •
15. PRESERVATION OF REMEDIES. No delay or omission to exercise any right,power,or remedy
accruing to either Party upon breach or default by either Party under this Agreement,will impair any such right,power or
remedy of either party;nor will such delay or omission be construed as a waiver of any breach or default or any similar
breach or default.
16. MODIFICATION. This Agreement may not be modified unless done so in a writing executed
by both Parties to this Agreement.
17. NON-ASSIGNMENT. The Agency may not assign,sublicense,or otherwise transfer its rights,duties,
or obligations under this Agreement without the prior written consent of the Department.Any assignment,sublicense,or
transfer occurring without the required prior written approval of the Department will be null and void.The Department will
at all times be entitled to assign or transfer its rights,duties,or obligations under this Agreement to another governmental
agency in the State of Florida,upon giving prior written notice to the Agency. In the event that the Department approves
transfer of the Agency's obligations,the Agency remains responsible for all work performed and all expenses incurred in
connection with this Agreement.
{
18. BINDING AGREEMENT. This Agreement is binding upon and inures to the benefit of the Parties and
their respective successors and assigns. Nothing in this Agreement is intended to confer any rights, privileges,benefits,
obligations, or remedies upon any other person or entity except as expressly provided for in this Agreement.
19. INTERPRETATION. No term or provision of this Agreement shall be interpreted for or against any
party because that party or that party's legal representative drafted the provision.
20. ENTIRE AGREEMENT. This Agreement,together with the attached exhibits and documents made a
part by reference,embodies the entire agreement of the Parties. There are no provisions,terms,conditions,or
obligations other than those contained in this Agreement.This Agreement supersedes all previous communication,
representation,or agreement,either verbal or written, between the Parties. No amendment will be effective unless
reduced to writing and signed by an authorized officer of the Agency and the authorized officer of the Department or
his/her delegate.
21. DUPLICATE ORIGINALS. This Agreement may be executed in duplicate originals.
The remainder of this page is intentionally left blank.
EXHIBIT B
625-010-10
ROADWAY DESIGN
OGG-08117
Page 7 of 12
Section No. CAFA No.
AGENCY
By:
Print Name:
Title:
As approved by the Council, Board,or
Commission on:
Attest:
Legal Review:
City or County Attorney
DEPARTMENT
State of Florida, Department of Transportation
By:
Print Name:
Title:
Date:
Legal Review:
EXHIBIT B
825-010-10
ROADWAY DESIGN
OGC-08/17
Page 8 of 12
Section No. CAFANo.
EXHIBIT"A"
PROJECT DESCRIPTION
I. SCOPE OF SERVICES
[Provide a description of the improvements proposed within the Department's right-of-way]
II. PROJECT PLANS
The Agency is authorized to install the Project in accordance with the attached plans prepared by
P.E./R.L.A./Architect and dated . Any revisions to these plans must be approved by the Department in
writing.
EXHIBIT B
625-010-10
ROADWAY DESIGN
OGC-08117
Page 9 of 12
Section No. CAFA No.
EXHIBIT"B"
SPECIAL PROVISIONS
EXHIBIT B
625-010-10
ROADWAY DESIGN
OGC-08I17
Page 10 of 12
Section No. CAFA No.
EXHIBIT"C"
TERMS AND CONDITIONS FOR INSTALLATION OF THE PROJECT
EXHIBIT B
625-010.10
ROADWAY DESIGN
OGC-08/17
Page 11of12
Section No. CAFA No.
EXHIBIT"D"
AGENCY RESOLUTION
EXHIBIT B
825-010-10
ROADWAY DESIGN
OGC-08/17
Page 12 of 12
Section No. CAFA No.
EXHIBIT"E"
NOTICE OF COMPLETION AND RESPONSIBLE PROFESSIONAL'S
CERTIFICATE OF COMPLIANCE
NOTICE OF COMPLETION.
COMMUNITY AESTHETIC FEATURE AGREEMENT
Between
THE STATE OF FLORIDA,DEPARTMENT OF TRANSPORTATION
and
PROJECT DESCRIPTION:
In accordance with the Terms and Conditions of the Community Aesthetic Feature Agreement,the undersigned provides
notification that the work authorized by this Agreement is complete as of ,20 .
By:
Name:
Title:
RESPONSIBLE PROFESSIONAL'S CERTIFICATION OF COMPLIANCE
In accordance with the Terms and Conditions of the Community Aesthetic Feature Agreement,the undersigned certifies
that all work which originally required certification by a Professional Engineer has been completed in compliance with the
Project construction plans and specifications. If any deviations have been made from the approved plans,a list of all
deviations,along with an explanation that justifies the reason to accept each deviation,will be attached to this
Certification.Also,with submittal of this certification,the Agency shall furnish the Department a set of"as-built"plans
certified by the Engineer of Record.
By:
SEAL: Name:
Date:
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER AND CITY
CLERK TO EXECUTE A COMMUNITY AESTHETIC FEATURE AGREEMENT
WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT), FOR
THE CONSTRUCTION OF THE NORTH BEACH ENTRANCE SIGN LOCATED
WITHIN THE FDOT RIGHT-OF-WAY AT THE INTERSECTIONS OF WEST BAY
DRIVE AND NORMANDY DRIVE (71ST STREET); AND FURTHER
AUTHORIZING THE CITY TO PROVIDE A BOND OR LETTER OF CREDIT IN
THE AMOUNT OF FIFTY THOUSAND DOLLARS ($50,000), FOR THE FUTURE
REMOVAL OF THE ENTRANCE SIGN AND RESTORATION OF THE RIGHT OF
WAY, AS MAY BE REQUIRED BY FDOT.
WHEREAS, in December 2014, the City Commission approved a project proposed in the
North Beach Revitalization Strategies plan for the installation of iconic signs at the entrances to
the City located at Harding Avenue and 87th Street, and 71st Street and West Bay Drive in North
Beach; and
WHEREAS, both entrance signs were endorsed by the Mayor's Blue-Ribbon Panel on
North Beach; and
WHEREAS, in 2015, the City engaged Shulman and Associates to prepare concept
designs for the new entrance signs; and
WHEREAS, the design underwent an extensive public outreach process including
presentations for review and input from the community and the Florida Department of
Transportation (FDOT); and
WHEREAS, on May 8, 2019, the City Commission approved the concept designs via
Resolution 2019-30832, and directed staff to proceed with the design, permitting and construction
of both entrance signs; and
WHEREAS, in November 2019, the final concept designs for the entrance signs were
further reviewed and approved by FDOT; and
WHEREAS, in January 2022, the City engaged consultant Douglas Wood Associates
(DWA) from the City's contract for Professional Architectural and Engineering Services RFQ
2020-096-ND to further develop the concept design, provide construction documents and other
services through the construction phase, for both project sites; and
WHEREAS,the designs for the entrance signs located at.Harding Avenue and 87th Street,
and 71st Street and West Bay Drive,were presented to the Ad Hoc North Beach CRA on July 12,
2022, with the CRA expressing its support for the project; and
WHEREAS,the designs were also presented on September 6, 2022 to the Design Review
Board and on September 13, 2022 to the Historic Preservation Board, with both entrance signs
receiving approval by their respective Boards; and
WHEREAS, the City commenced with the permitting process of the design documents in
December 2022; and
WHEREAS, the proposed entrance sign at 71st Street and West Bay Drive, replaces an
existing entrance sign located within the FDOT right-of-way, east of the John F. Kennedy bridge;
and
WHEREAS, the project site plan and renderings are attached for reference (Exhibit A);
and
WHEREAS, in December 2022, the City submitted construction drawings to FDOT for
permit review and approval for the installation of the entrance sign; and
WHEREAS, on January 25, 2023, a permit pre-application meeting was held with FDOT,
where they advised that the proposed 71st Street entrance sign would be reviewed under a
specific process for gateway and monument signs to be located on state roads within their
jurisdiction; and
WHEREAS, a new agreement is required even though there is already an existing
entrance sign at this location; and
WHEREAS, per FDOT requirements, the City must execute a Community Aesthetic
Feature (CAF) Agreement with FDOT, provide a resolution with specific language related to the
responsibility for maintenance of the structure,and provide a bond, letter of credit or other similar
financial vehicle for future removal of the entrance sign and restoration of the right of way,as may
be required by FDOT; and
WHEREAS,the project has undergone multiple rounds of review with FDOT,however,CAF
requirements must be satisfied by the City to allow FDOT to finalize the permit review and
approval process for the entrance sign; and
WHEREAS,the City's formal request that FDOT waive the requirement for a bond or letter
of credit was denied; and
WHEREAS, the City must provide a bond, letter of credit or similar financial vehicle in the
amount of Fifty Thousand Dollars ($50,000.00); and
WHEREAS, the Administration recommends that the Mayor and City Commission
authorize the. City Manager and City Clerk to request Florida Department of Transportation
approval for a Community Aesthetic Feature application for the new Miami Beach entrance, and
to execute the Community Aesthetic Feature Agreement between the City and FDOT for the
construction of the entrance sign within their right of way(Exhibit B).
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, authorize. the City Manager and
City Clerk to execute a Community Aesthetic Feature Agreement with the Florida Department of
Transportation (FDOT), for the construction of the North Beach Entrance Sign located within the
FDOT Right-of-Way at the intersections of West Bay Drive and Normandy Drive (71st Street);
and further authorize the City to provide a Bond or Letter of Credit in the amount of Fifty Thousand
dollars ($50,000), for the future removal of the entrance sign and restoration of the right of way,
as may be required by FDOT.
PASSED and ADOPTED this day of , 2023.
Steven Meiner, Mayor
ATTEST:
APPROVED AS TO
FORM& LANGUAGE
& FOR EXECUTION
Rafael E. Granada, City Clerk -0( �\—�.�- 3
City Attorney Wr Date
Resolutions -C7 C
MIAMI BEACH
• COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Alina T. Hudak, City Manager
DATE: January 31, 2024
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER AND
CITY CLERK TO EXECUTE A COMMUNITY AESTHETIC FEATURE
AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION
(FDOT), FOR THE CONSTRUCTION OF THE NORTH BEACH ENTRANCE
SIGN LOCATED WITHIN THE FDOT RIGHT-OF-WAY AT THE
INTERSECTIONS OF WEST BAY DRIVE AND NORMANDY DRIVE (71ST
STREET);AND FURTHER AUTHORIZING THE CITY TO PROVIDE A BOND
OR LETTER OF CREDIT IN THE AMOUNT OF FIFTY THOUSAND
DOLLARS ($50,000), FOR THE FUTURE REMOVAL OF THE ENTRANCE
SIGN AND RESTORATION OF THE RIGHT OF WAY, AS MAY BE
REQUIRED BY FDOT.
(ITEM TO BE SUBMITTED IN SUPPLEMENTAL)
SUPPORTING SURVEY DATA
Not applicable.
FINANCIAL INFORMATION
Not applicable.
Applicable Area
North Beach
Is this a"Residents Right Does this item utilize G.O.
to Know" item. pursuant to Bond Funds?
City Code Section 2-14?
Yes No
Strategic Connection
Non-Applicable
Legislative Tracking
Capital Improvement Projects
Page 474 of 2002