Loading...
Do not Block Intersection Makings and Signs Master Maintenance Memorandum of Agreement between CMB & Florida Department of Transportation 2024 FLORIDA DEPARTMENT OF TRANSPORTATION DO NOT BLOCK INTERSECTION MARKINGS AND SIGNS MASTER 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 the following State Roads: SR-AlA (Indian Creek Drive) , SR-AlA (Collins Avenue) , SR-AlA (5th Street) , SR-AlA (Harding Avenue) , SR-AlA (Abbott Avenue) , SR-907 (Alton Road) , SR-907 (63rd Street) , and SR-934 (Normandy Drive) , within the limits of the CITY; and B. The DEPARTMENT, pursuant to PROJECT FM# 446261-2-52-01, will design and install do not block intersection markings (cross- hatch) and signs, furthermore, the CITY has installed, and intends to install, do not block intersection markings and signs, collectively referred to as the "PROJECT", which includes existing and future do not block intersection markings and signs on or within the State Road (s) and/or adjacent State Right of Way, collectively referred to as the "PROJECT LIMITS", as described in Exhibit "A") ; and C. The intersection pavement marking and signs projects within the PROJECT LIMITS may have been, or may be installed via Permits, DEPARTMENT projects, or DEPARTMENT Grants issued to the CITY; and D. It is the intent of the PARTIES for this AGREEMENT to supplement all existing Maintenance Memorandum of Agreement (MMOA) 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 Master Maintenance Memorandum of Agreement between Florida Department of Transportation and the City of Miami Beach Page 1 of 12 • responsibilities of each party with regards to the maintenance of the existing and future intersection pavement marking and signs projects installed pursuant to the Project; and F. The CITY, by Resolution No.2024-33199, dated July 24, 2024, 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. TERM OF AGREEMENT The effective date of this AGREEMENT is the date on which the last party executes this AGREEMENT, and this AGREEMENT shall continue so long as the PROJECT improvements remain in place. 3 . ASSIGNMENT OF MAINTENANCE RESPONSIBILITIES The PARTIES agree that the execution of this AGREEMENT shall constitute an assignment of all maintenance responsibilities pertaining to the do not block intersection markings (cross- hatch) , perimeter markings., and signs (the "IMPROVEMENTS") within the PROJECT LIMITS to the CITY upon the DEPARTMENT' s acceptance of the PROJECT. This assignment of maintenance responsibilities shall include all currently existing IMPROVEMENTS within the PROJECT LIMITS, including those installed prior to the execution of this AGREEMENT, but excludes maintenance responsibilities which may be addressed under a separate agreement between the CITY and the DEPARTMENT. The maintenance responsibilities assigned hereunder shall also include any future IMPROVEMENTS within the PROJECT LIMITS, to be incorporated into this AGREEMENT by a supplemental agreement between the parties, in the form attached hereto as Exhibit "C", to be executed by the authorized signatories of this AGREEMENT, or their designees . Master Maintenance Memorandum of Agreement between Florida Department of Transportation and the City of Miami Beach Page 2 of 12 Additionally, it is understood and agreed that the installation of any IMPROVEMENTS within the PROJECT LIMITS shall require the approval of the DEPARTMENT through a duly issued Permit. 4 . MAINTENANCE RESPONSIBILITIES OF THE PARTIES The CITY shall maintain all the PROJECT improvements specified in this AGREEMENT within the DEPARTMENT right-of-way. The maintenance shall be performed in accordance with all applicable standards set forth in the PROJECT plans, PROJECT specifications, special provisions, permit requirements and maintenance manuals provided as part of the PROJECT. 4 . 1 General Requirements: The CITY' S general maintenance obligations shall include, but shall not be limited to the following: a. Removing and disposing of litter in accordance with all applicable government rules, regulations, policies, procedures, guidelines, and manuals, as amended from time to time . b. 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. c. Submitting lane closure requests to the DEPARTMENT when maintenance activities 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, and in accordance with the District Six Lane Closure Policy, as may be amended from time to time . 4 .2 Do Not Block Intersection Markings (Cross-Hatch) a. Sweep the pavement marking surfaces periodically to keep them free of debris and to maintain an aesthetically pleasing condition. A light pressure washing may be necessary for heavy stain removal or cleaning. b. Remove and properly dispose of litter from the pavement marking surfaces . Master Maintenance Memorandum of Agreement between Florida Department of Transportation and the City of Miami Beach Page 3 of 12 c. For any routine repairs or replacement due to noticeable color scarring or surface deterioration of the pavement markings, the product authorized installer should be contacted. d. When remedial action is required in accordance with the above requirements, the CITY shall complete all necessary repairs at its own expense within sixty (60) days of the date the deficiency is identified. 4 .3 Future Improvements: The CITY will be required to obtain a permit from the DEPARTMENT for any future modifications and improvements within the PROJECT LIMITS. The CITY shall submit all services logs, inspections and surveys to the DEPARTMENT Warranty Coordinator as required in the above maintenance responsibilities . The DEPARTMENT may, at its sole discretion, perform periodic inspection of the IMPROVEMENTS to ensure that the CITY is performing its duties pursuant to this AGREEMENT. The Department shall share with the CITY its inspection findings, and may use those findings as the basis of its decisions regarding maintenance deficiencies, as set forth in Section 4 of this AGREEMENT. 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. 5. DEFAULT If either party fails to observe or perform any covenant, condition, or agreement contained herein, the non-defaulting party shall provide the defaulting party with a sixty (60) calendar day written notice to cure. If the defaulting party fails to cure within the sixty (60) calendar day notice period (or such longer time period agreed by the PARTIES in writing) , then the defaulting party shall be in default of this AGREEMENT and the non-defaulting party may, at its sole and exclusive discretion, elect to cure any default and invoice the defaulting party for the actual expenses incurred. Master Maintenance Memorandum of Agreement between Florida Department of Transportation and the City of Miami Beach Page 4 of 12 6. 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: Public Works Director With a copy to: City of Miami Beach 1700 Convention Drive Miami Beach, Florida 33139 Attention: City Manager Notices shall be deemed to have been received upon actual receipt. 7. REMOVAL, RELOCATION, OR ADJUSTMENT OF THE IMPROVEMENTS a. The PARTIES agree that the IMPROVEMENTS located within the DEPARTMENT'S right-of-way may be removed, relocated, or adjusted at any time in the future, at the DEPARTMENT'S sole discretion. In the event that the DEPARTMENT relocates or adjusts any IMPROVEMENTS within the DEPARTMENT' S right-of- way, which the CITY has specifically agreed to maintain herein, the CITY' s maintenance responsibilities for those IMPROVEMENTS 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 IMPROVEMENTS within its right-of-way at any time as part of maintenance activities, a roadway project, or related construction activities, the DEPARTMENT shall replace in kind, and the CITY'S maintenance obligations under this AGREEMENT shall survive said replacements as long as the Master Maintenance Memorandum of Agreement between Florida Department of Transportation and the City of Miami Beach Page 5 of 12 IMPROVEMENTS remain within the PROJECT LIMITS. However, the CITY may, with the written approval of the DEPARTMENT, make upgrades within the PROJECT LIMITS at its sole cost and expense with the understanding that the CITY shall assume all maintenance obligations for the upgrades, and, if the Parties deem necessary, enter into a new maintenance agreement for said upgrades . 8 . TERMINATION This AGREEMENT may be terminated only if mutually agreed to by both PARTIES and such termination shall be valid only if made in writing and executed with the same formalities as this AGREEMENT. Additionally, it is understood and agreed that the CITY shall remove, at its own cost, all the IMPROVEMENTS within the PROJECT LIMITS, and shall require the approval of the DEPARTMENT through a duly issued Permit. 9. MISCELLANEOUS TERMS a. E-Verify 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. Master Maintenance Memorandum of Agreement between Florida Department of Transportation and the City of Miami Beach Page 6 of 12 b. 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. c. This AGREEMENT shall not be transferred or assigned, in whole or in part, without the prior written consent of the DEPARTMENT. d. 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. e. Venue for any and all actions arising out of or in connection to the interpretation, validity, performance or breach of this AGREEMENT shall lie exclusively in a state court of proper jurisdiction in Miami-Dade County, Florida. f. A modification or waiver of any of the provisions of this AGREEMENT shall be effective only if made in writing and executed with the same formality as this AGREEMENT. g. The section headings contained in this AGREEMENT are for reference purposes only and shall not affect the meaning or interpretation hereof. h. No term or provision of this AGREEMENT shall be interpreted for or against either Party because the Party or its legal representative drafted the provision. i . The DEPARTMENT and the CITY are state agencies, 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 PARTIES' sovereign immunity protections, or as increasing the limits of liability as set forth in Section 768 .28, Florida Statutes . Master Maintenance Memorandum of Agreement between Florida Department of Transportation and the City of Miami Beach Page7of12 10. INSURANCE a. The PARTIES hereto acknowledge that the PARTIES are governmental entities subject to the provisions of Section 768 .28, Florida Statutes. Each party shall maintain a fiscally sound and prudent risk management program with regard to its obligations under this AGREEMENT and in accordance with the provisions of Section 768 .28, Florida Statutes . Each party shall collect and keep on file documentation of insurance of any and all contractors procured by it which may participate in any way in the PROJECT. b. With regard to work to be done inside the DEPARTMENT'S property, the CITY shall cause its contractors to add the DEPARTMENT and the CITY as additional insureds and Certificate Holders in their general insurance policies during the term of this AGREEMENT. Such insurance shall include Products/Completed Operations coverage. Prior to commencement of any work by the CITY' S contractors, the CITY shall provide the DEPARTMENT with its contractors' ACORD Certificates of Liability Insurance and Additional Insured Endorsements naming the DEPARTMENT and the CITY as additional insureds . The DEPARTMENT shall be notified in writing within ten (10) days of any cancellation, notice of cancellation, lapse, renewal, or proposed change to any policy or coverage described herein. c. With regard to work to be done inside of the CITY'S property, the DEPARTMENT shall cause its contractors to add the CITY and the DEPARTMENT as additional insureds and Certificate Holders in their general insurance policies during the term of this AGREEMENT. Such insurance shall include Products/Completed Operations coverage. Prior to commencement of any work by the DEPARTMENT'S contractors, the DEPARTMENT shall provide the CITY with its contractors' ACORD Certificates of Liability Insurance and Additional Insured Endorsements naming the CITY and the DEPARTMENT as additional insureds . The CITY shall be notified in writing within ten (10) days of any cancellation, notice of cancellation, lapse, renewal, or proposed change to any policy or coverage described herein. Master Maintenance Memorandum of Agreement between Florida Department of Transportation and the City of Miami Beach Page 8 of 12 IN WITNESS WHEREOF, the PARTIES hereto have caused these presents to be executed the day and year first above written. CITY OF MIAMI BEACH: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION: BY: BY: Eric Carpente District. Director of CITY Manager Transportation Operations AUG 2 6 2024 ATTEST: (SEAL) ATTEST: afael E. Granado Executive Secretary CITY Clerk • LEGAL REVIEW: APPROVED AS TO FORM & LANGUAGE &.FOR EXECUTION BY Zi( District Chief Counsel 001`��.•City Attorney s Dote 57-*;„;NL...,:<!A, IkCORP ORATED('; Master Maintenance Memorandum of Agreement between Florida Department of Transportation and the City of Miami Beach Page 9 of 12 EXHIBIT "A" PROJECT LIMITS Below are the limits of the IMPROVEMENTS to be maintained by the CITY under this AGREEMENT. State Road Number: AlA (Indian Creek Drive) From convergence with Abbott Avenue ,to convergence with Collins Avenue AlA (Collins Avenue) From 88th Street 5th Street AlA (5th Street) From MacArthur Causeway to Collins Avenue AlA (Harding Avenue) From 86th Street to 72nd Street AlA (Abbott Avenue) From 72nd Street to Indian Creek Drive 907 (Alton Road) From convergence with 63rd Street to 5th Street 907 (63rd Street) From La Gorce Drive to Indian Creek Drive 934 (Normandy Drive) From Bay Drive to Collins Avenue • County: Miami-Dade Master Maintenance Memorandum of Agreement between Florida Department of Transportation and the City of Miami Beach Page 10 of 12 EXHIBIT "B" CITY OF MIAMI BEACH RESOLUTION To be herein incorporated once ratified by the CITY Board of Commissioners . Master Maintenance Memorandum of Agreement between Florida Department of Transportation and the City of Miami Beach Page 11 of 12 EXHIBIT "C" SUPPLEMENTAL AGREEMENT TO THE FLORIDA DEPARTMENT OF TRANSPORTATION DO NOT BLOCK INTERSECTION MARKINGS AND SIGNS MASTER MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE CITY OF MIAMI BEACH This Supplemental Agreement, dated the day of , 20 , is entered into between the Florida Department of Transportation ("DEPARTMENT") and the CITY of Miami Beach ("CITY") . In accordance with the provisions of the Master Maintenance Memorandum Agreement ("MMOA") for existing and future do not block intersection markings (cross-hatch) and signs (the "IMPROVEMENTS") between the parties, dated the day of , 20 , the parties enter into this Supplemental Agreement for purposes of incorporating the following Improvements, pursuant to FDOT Permit/Project/Grant No , within the State right of way described in such Permit/Project/Grant, copy attached hereto and incorporated herein by reference. By their signature below, the parties hereby acknowledge that FDOT/Project/Grant No. for Improvements on SR , within the limits described in said Permit/Project/Grant, is hereby incorporated into the MMOA, and the CITY shall comply with all maintenance obligations thereunder and the parties further agree to abide by all provisions thereunder. CITY OF MIAMI BEACH: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION: By: JUC By: Name: Eric, l,nr pen4e r Name: Title: C��y )\arlck9eC Title: Master Maintenance Memorandum of Agreement between Florida Department of Transportation and the City of Miami Beach Page 12 of 12 • RESOLUTION NO.: 2024-33199 • A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING, IN SUBSTANTIAL FORM, A MASTER MAINTENANCE MEMORANDUM OF AGREEMENT ("MMOA") • WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION ("FOOT") IN CONNECTION WITH THE "DO'NOT BLOCK INTERSECTION" PAVEMENT MARKINGS ON FDOT ROADWAYS IN THE CITY OF MIAMI BEACH; AND FURTHER AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE MMOA. WHEREAS, State Road (SR) 112/41 Street is classified as a principal arterial under the Florida Department of Transportation ("FDOT") located in Middle Beach and provides direct access to I-195/Julia Tuttle Causeway, a limited-access federal interstate facility, and SR A1A/Collins Avenue/Indian Creek Drive, all under FDOTs jurisdiction; and WHEREAS, the 41 Street corridor regularly experiences heavy traffic congestion during weekday afternoon peak hours and major special events in the City; and WHEREAS, one of the factors contributing to daily recurring traffic congestion along the corridor is vehicles frequently blocking the intersections.; and WHEREAS, every signalized intersection along 41 Street, with the exception of Collins Avenue, has regulatory "Do Not Block Intersection" signs mounted on the traffic signal mast arms'vertical pole; and WHEREAS, to supplement and reinforce the existing "Do Not Block Intersection" signs on the traffic signal mast arms and current Police enforcement efforts, City staff worked with FDOT to secure approval for the proposed installation of"Do Not Block Intersection" pavement markings at two(2)key intersections along the 41 Street corridor:41 Street and Prairie Avenue, and 41 Street and Pine Tree Drive; and WHEREAS, FDOT has agreed to the installation of the proposed "Do Not Block Intersection" pavement markings at the two (2) above-referenced intersections on 41 Street requiring the execution of a Master Maintenance.Memorandum of Agreement("MMOA"), a draft copy of which is attached as Attachment A to the City Commission Memorandum accompanying this Resolution; and WHEREAS, the MMOA grants the City the authorization to install and maintain the "Do Not Block Intersection" pavement markings at intersections on roadways operated, maintained and owned by FDOT, and as deemed necessary by the City, provided that the City receives written approval from FDOT via a permit or through a future FDOT project; and WHEREAS, FDOT roadways in the City where "Do Not Block Intersection" pavement markings and signage may be warranted and permitted by FOOT include SR 112 (Julia Tuttle Causeway and 41 Street); SR A1A (MacArthur Causeway), 5 Street, Collins Avenue, Indian Creek Drive, Harding Avenue, and Abbott Avenue); SR 907(Alton Road and 63 Street); and SR 934(Normandy Drive and 71 Street), and WHEREAS, approval of this MMOA will allow the City to proceed with the installation and maintenance of "Do Not Block Intersection" pavement markings and signage at critical intersections on 41 Street on an immediate basis as well as on other intersections on FDOT roadways in the City, as deemed necessary by the City and permitted by FDOT, to improve safety and traffic flow; and WHEREAS, the Interim City Manager recommends approving, in substantial form, the MMOA attached to the City Commission Memorandum accompanying this Resolution; and further authorizing the City Manager to finalize and execute the MMOA. 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 Master Maintenance Memorandum of Agreement("MMOA")with the Florida Department of Transportation ("FOOT')in connection with the "Do Not Block Intersection" pavement markings on FOOT roadways in the City of Miami Beach;and further authorize the City Manager and City Clerk to execute the MMOA. PASSED and ADOPTED this .W day lug , 2024. ATTEST: INCOAI ORAIED: 's ,,.. Steven Meiner, Mayor c / „at,( ,..-.. JUL 3 0 2024 Rafael E..Granado, City Clerk APPROVED AS TO FORM&LANGUAGE • &FOR EXECUTION l is!zo-z¢ City Attorney Date Resolutions-C7 AB MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Rickelle Williams, Interim City Manager DATE: July 24, 2024 TITLE: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING, IN SUBSTANTIAL FORM, A MASTER MAINTENANCE MEMORANDUM OF AGREEMENT ("MMOA") WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT") IN CONNECTION WITH "DO NOT BLOCK INTERSECTION" PAVEMENT MARKINGS ON FDOT ROADWAYS IN THE CITY OF MIAMI BEACH;AND FURTHER AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE MMOA. RECOMMENDATION The City Administration ("Administration") recommends that the Mayor and City Commission. ("City Commission")adopt the Resolution. BACKGROUND/HISTORY State Road ("SR") 112/41 Street is classified as a principal arterial under the jurisdiction of the Florida Department of Transportation ("FDOT"). The corridor is located in Middle Beach and provides direct access to/from I-195/Julia Tuttle Causeway, a limited access federal interstate • facility, and SR A1A/Collins Avenue/Indian Creek Drive, also under FDOT's jurisdiction. The 41 Street corridor regularly experiences heavy traffic congestion during weekday afternoon peak hours and major special events in the City. One of the factors that contribute to daily recurring traffic congestion. along the corridor is vehicles frequently blocking the intersections. Currently,every signalized intersection along 41 Street,with the exception of Collins Avenue, has regulatory"Do Not Block Intersection"signs mounted on the traffic signal mast arms'vertical pole. In addition,Police officers regularly monitor the 41 Street corridor during weekday afternoon peak traffic periods to deter vehicles blocking the intersections. To supplement and reinforce the existing "Do Not Block Intersection" signs on the traffic signal mast arms and current Police enforcement efforts, Transportation and Mobility Department staff worked with FDOT to secure approval for the proposed installation of"Do Not Block Intersection" pavement markings at two(2)key intersections along the 41 Street corridor:41 Street and Prairie Avenue,and 41 Street and Pine Tree Drive. Additionally, the Transportation and Mobility Department staff, in coordination with the Police Department, has identified various additional critical intersections on FDOT roadways throughout the City where"Do Not Block Intersection"pavement markings would help improve traffic safety and traffic flow, particularly during the weekday morning and afternoon peak traffic periods. ANALYSIS Based on staffs.collaboration, FDOT has agreed to the installation of the proposed"Do Not Block Intersection" pavement markings at the two (2) above-referenced intersections on 41 Street. However, FDOT requires the execution of a Master Maintenance Memorandum of Agreement Page 845 of 1750 ("MMOA")(Attachment A).The MMOA grants the City the authorization to install and maintain the "Do Not Block Intersection" pavement markings at intersections on roadways operated, maintained and owned by FDOT, and as deemed necessary by the City, provided that the City receives written approval from FDOT via a permit or through a future FDOT project. FDOT roadways in the City where "Do Not Block Intersection"pavement markings and signage may be warranted and permitted by FDOT include SR 112(Julia Tuttle Causeway and 41 Street); SR A1A (MacArthur Causeway, 5 Street, Collins Avenue, Indian Creek Drive, Harding Avenue, and Abbott Avenue); SR 907 (Alton Road and 63 Street); and SR 934 (Normandy Drive and 71 Street). Approval of this MMOA will,allow the City to proceed with the installation and maintenance of"Do Not Block Intersection" pavement markings and signage at critical intersections on 41 Street on an immediate basis as well as on other intersections on FDOT roadways in the City, as deemed necessary by the City and permitted by FDOT,to improve safety and traffic flow. FISCAL IMPACT STATEMENT Execution of this MMOA does not require an expenditure by the City at this time.Costs associated with the installation of the "Do Not Block Intersection"pavement markings at the intersections of 41 Street/Prairie Avenue and 41 Street/Pine Tree Drive will be funded by FDOT. Funding for the installation and maintenance of additional "Do Not Block Intersection" pavement markings on FDOT roadways in the City will be included in the Transportation and Mobility Department's Operating Budget in future years. Does this Ordinance require a Business Impact Estimate? _(FOR_ORDINANCES ONLY_). If applicable,the Business Impact Estimate(BIE)was published on. See BIE at: https:11www.miamibeachfl.aov/city-hall/city-clerk/meetinq-notices) FINANCIAL INFORMATION N/A CONCLUSION A MMOA with FDOT is required for the City to be authorized to install and maintain"Do Not Block Intersection"pavement markings and signage on roadways operated, maintained and owned by FDOT within the City, including along the 41 Street corridor. The Administration recommends that the City Commission adopt the Resolution approving, in substantial form, a MMOA with FOOT; and further authorizing the Interim City Manager and City Clerk to execute the MMOA. Applicable Area Citywide Is this a "Residents Right to Know" item, Is this item related to a G.O. Bond pursuant to City Code Section 2-17? Project? No No Page 846 of 1750 Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec.2-481, includes a principal engaged in lobbying? No If so, specify the name of lobbyist(s)and principal(s): N/A Department Transportation and Mobility Sponsor(si Co-sponsor(s) Condensed Title Approve Agreement w/FDOT, "Do Not Block Intersection."TR Page 847 of 1750 FLORIDA DEPARTMENT OF TRANSPORTATION DO NOT BLOCK INTERSECTION MARKINGS AND SINGS MASTER 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 the following State Roads: SR-AlA (Indian Creek Drive) , SR-ALA (Collins Avenue) ., SR-AlA (5th Street) , SR-AlA (Harding Avenue) , SR-A1A (Abbott Avenue) , SR-907 (Alton Road) , SR-907 (63$ Street) , and SR-934 (Normandy Drive) , within the limits of the CITY; and • B. The DEPARTMENT, pursuant to PROJECT FM# 446261-2-52-01, will design and install do not block intersection markings (cross- hatch) and signs, furthermore, the CITY has installed, and intends to install, do not block intersection markings and signs, collectively referred to as the "PROJECT", which includes existing and future do not block intersection markings and signs on or within the State Road(s) and/or adjacent State Right of Way, collectively referred to as the "PROJECT LIMITS", as described in Exhibit "A"); and C. The intersection pavement marking and signs projects within the PROJECT LIMITS may have been, or may be installed via Permits, DEPARTMENT projects, or DEPARTMENT Grants issued to the CITY; and D. It is the intent of the PARTIES for this AGREEMENT to supplement all existing Maintenance Memorandum of Agreement (MMOA) 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 Master Maintenance Memorandum of Agreement between Honda Department of Transportation and the City of Miami Beach Page 1 of 12 Page 848 of 1750 responsibilities of each party with regards to the maintenance • of the existing and future intersection pavement marking and signs projects installed pursuant to the Project; and • F. The CITY, by Resolution No. , dated attached hereto as Exhibit "B", which by reference shall become a part of this AGREEMENT, desires to- enter into this AGREEMENT and authorizes its officers to do so. NOW, THEREFORE, for and in consideration of the mutual benefits contained herein and other good and valuable consideration, the PARTIES covenant and agree as follows: 1. RECITALS The recitals in this AGREEMENT are true and correct and are incorporated herein by reference and made a part hereof. • 2. TERM OF AGREEMENT The effective date of this AGREEMENT is the date on which the - last party executes this AGREEMENT, and this AGREEMENT shall continue so long as the PROJECT improvements remain in place. • 3. ASSIGNMENT OF MAINTENANCE RESPONSIBILITIES The PARTIES agree that the execution of this AGREEMENT shall constitute an assignment of all maintenance responsibilities pertaining to the do not block intersection markings (cross- hatch) , perimeter markings, and signs (the "IMPROVEMENTS") within the PROJECT LIMITS to the CITY upon the DEPARTMENT's acceptance of the PROJECT. This assignment of maintenance responsibilities shall include all currently existing IMPROVEMENTS within the PROJECT LIMITS, including those installed prior to the execution of this AGREEMENT, but excludes maintenance responsibilities which may be addressed under a separate agreement between the CITY and the DEPARTMENT. The maintenance responsibilities assigned hereunder shall also include any future IMPROVEMENTS within the PROJECT LIMITS, to be ircorporated into this AGREEMENT by a supplemental agreement between the parties, in the form attached hereto as Exhibit "C", to be executed by the authorized signatories of this AGREEMENT, or their designees. • Master Maintenance Memorandum ofAgreement between Flouda Department of Transportation and the City of Miami Beach Page 2 of 12 Page 849 of 1750 • Additionally, it is understood and agreed that the installation of any IMPROVEMENTS within the PROJECT LIMITS shall require the approval of the DEPARTMENT through a duly issued Permit. 4. MAINTENANCE RESPONSIBILITIES OF THE PARTIES • The CITY shall maintain all :he PROJECT improvements specified " in this AGREEMENT within the DEPARTMENT right-of-way. The maintenance shall be performed in accordance with all applicable standards set forth in the PROJECT plans, PROJECT specifications, special provisions, permit requirements and maintenance manuals provided as part of the PROJECT. 4.1 General Requirements: The CITY'S general maintenance obligations shall include, but shall not be limited to the following: a. Removing and disposing of litter in accordance with all • applicable government rules, regulations, policies, procedures, guidelines, and manuals, as amended from time to time. b. 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. c. Submitting lane closure requests to• the DEPARTMENT when • maintenance activities 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, and in accordance with the District Six Lane Closure Policy, as may be• amended from time to time. 4.2 Do Not Block Intersection Markings (Cross-Hatch) a. Sweep the pavement marking surfaces periodically to keep them free of debris and to maintain an aesthetically pleasing condition. A light pressure washing may be necessary for heavy stain removal or cleaning. b. Remove and properly dispose of litter from the pavement marking surfaces. • Master Maintenance Memorandum of Agreement between Florida Department of Transportation and the City of Miami Beach Page 3 of 12 • Page 850 of 1750 c. For any routine repairs or replacement due to noticeable color scarring or surface deterioration of the pavement markings, the product authorized installer should be contacted. d. When remedial action is required in accordance with the above requirements, the CITY shall complete all necessary repairs at its own expense within sixty (60) days of the date the deficiency is identified. 4.3 Future Improvements: The CITY will be required to obtain a permit from the DEPARTMENT for any future modifications and improvements within the PROJECT LIMITS. The CITY shall submit all services logs, inspections and surveys to the DEPARTMENT Warranty Coordinator as required in the above maintenance responsibilities. The DEPARTMENT may, at its sole discretion, perform periodic inspection of the IMPROVEMENTS to ensure that the CITY is performing its duties pursuant to this AGREEMENT. The Department shall share with the CITY its inspection findings, and may use those findings as the basis of its decisions regarding maintenance deficiencies, as set forth in Section 4 of this AGREEMENT. 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. 5. DEFAULT If either party fails to observe or perform any covenant, condition, or agreement contained herein, the non-defaulting party shall provide the defaulting party with a sixty (60) calendar day written notice to cure. If the defaulting party fails to cure within the sixty (60) calendar day notice period (or such longer time period agreed by the PARTIES in writing) , then the defaulting party shall be in default of this AGREEMENT and the non-defaulting party may, at its sole and exclusive discretion, elect to cure any default and invoice the defaulting party for the actual expenses incurred. Master Maintenance Memorandum of Agreement between Florida Department of Transportation and the City of Miami Beach Page 4 of 12 Page 851 of 1750 6. 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 33172-5.800 Attn: District Maintenance Engineer To the CITY: City of Miami Beach 1700 Convention Drive • Miami .Beach, Florida 33139 Attention: Public Works Director With a copy to.: City of Miami Beach 1700 Convention Drive Miami Beach, Florida 33139 Attention: City Manager . Notices shall be deemed to have been received upon actual receipt. 7. REMOVAL, RELOCATION, OR ADJUSTMENT OF THE IMPROVEMENTS a. The PARTIES agree that the IMPROVEMENTS located within the DEPARTMENT'S right-of-way may be removed, relocated, or adjusted at any time in the future, at the DEPARTMENT'S sole discretion. In the event that the DEPARTMENT relocates or adjusts any IMPROVEMENTS within the DEPARTMENT'S right-of- way, which the CITY has specifically agreed to maintain herein, the CITY's maintenance responsibilities for those IMPROVEMENTS 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 IMPROVEMENTS within its right-of-way at any time as part of • maintenance activities, a roadway project, or related construction activities, the DEPARTMENT shall replace in kind, and the CITY'S maintenance obligations under this AGREEMENT shall survive said replacements as long as the Master Maintenance Memorandum of Agreement between Florida Department of Transportation and the City of Miami Beach Page 5 of 12 Page 852 of 1750 • IMPROVEMENTS remain within the PROJECT LIMITS. However, the CITY may, with the written approval of the DEPARTMENT, make upgrades within the PROJECT LIMITS at its sole cost and expense with the understanding that the CITY shall assume all maintenance obligations for the upgrades, and, if the Parties deem necessary, enter into a new maintenance agreement for said upgrades. • 8. TERMINATION This AGREEMENT may be terminated only if mutually agreed to by both PARTIES and such termiration shall be valid only if made • • in writing and executed with the same formalities as this AGREEMENT. - Additionally, it is understood and agreed that the CITY shall remove, at its own cost, all the IMPROVEMENTS within the PROJECT LIMITS, and shall require the approval of the DEPARTMENT through a duly issued Permit. 9. MISCELLANEOUS TERMS a. E-Verify 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. Master Maintenance Memorandum of Agreement between Florida Department of Transportation and the City of Miami Beach Page 6 of 12 Page 853 of 1750 b. This writing embodies the entire AGREEMENT and understanding between the PARTIES heretc 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. • c. This AGREEMENT shall not be transferred or assigned, in whole or in part, without the prior written consent of the DEPARTMENT. d. 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. e. Venue for any and all actions arising out of or in connection to the interpretation, validity, performance or breach of this AGREEMENT shall, lie exclusively in a state court of proper jurisdiction in Miami-Dade. County, Florida. - f. A modification or waiver of any of the provisions of this AGREEMENT shall be effective only if made in writing and executed with the same formality as this AGREEMENT. g. The section headings con:ained in this AGREEMENT are for reference purposes only and shall not affect the meaning or interpretation hereof. h. No term or provision of this AGREEMENT shall be interpreted . for or against either Party because the Party or its legal representative drafted the provision. i. The DEPARTMENT and the CITY are state agencies, 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 PARTIES' sovereign immunity protections, or as • increasing the limits of liability as set forth in Section 768.28, Florida Statutes. • Master Maintenance Memorandum of Agreement between Florida Department of Transportation and the City of Miami Beach Page 7 of 12 Page 854 of 1750 • 10. INSURANCE a. The PARTIES hereto acknowledge that the PARTIES are • governmental entities subject to the provisions of Section 768 .28, Florida Statutes. Each party shall maintain a fiscally sound and prudent risk management program with regard to its, obligations under this AGREEMENT and in accordance with the provisions of Section 768.28, Florida Statutes. Each party shall collect and keep on file documentation of insurarce of any and all contractors procured by it which may participate in any way in the PROJECT. b. With regard to work to be done inside the DEPARTMENT'S property, . the CITY shall cause its contractors to add the DEPARTMENT and the CITY as additional insureds and Certificate Holders in their general insurance policies during the term of this AGREEMENT. Such insurance shall include Products/Completed Operations coverage. Prior to commencement of any work by the CITY'S. contractors, the CITY shall provide the DEPARTMENT with its contractors' ACORD Certificates of Liability Insurance and Additional Insured Endorsements naming the DEPARTMENT and the CITY as additional insureds. The DEPARTMENT Shall ' be notified in writing within ten (10) days of any cancellation, notice of cancellation, lapse, renewal, or proposed change to any policy or coverage described herein. c. With regard to work to be .done inside of the CITY'S property, the DEPARTMENT shall cause its contractors to add the 'CITY and the DEPARTMENT as additional insureds and Certificate Holders in their general insurance policies during the term of this AGREEMENT. Such insurance shall include Products/Completed Operations coverage. Prior to commencement of any work by the DEPARTMENT'S contractors, the DEPARTMENT shall provide the CITY with its contractors' ACORD Certificates of Liability Insurance and Additional Insured Endorsements naming the CITY and the DEPARTMENT as additional insureds. The CITY shall be notified in writing within ten (10) days of any cancellation, notice of cancellation, lapse, renewal, or proposed change to any policy or coverage described herein. Master Maintenance Memorandum of Agreement between Florida Department of Transportation and the City of Miami Beach Page 8 of 12 Page 855 of 1750 • IN WITNESS WHEREOF, the PARTIES hereto have caused these presents to be executed the day and year first above written. CITY OF MIAMI BEACH: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION: BY: BY: CITY Manager District Director of Transportation Operations ATTEST: (SEAL) ATTEST: CITY Clerk Executive Secretary LEGAL REVIEW: BY: BY: CITY Attorney District Chief Counsel Master Maintenance Memorandum of Agreement between Florida Department of Transportation and the City of Miami Beach Page 9 of 12 Page 856 of 1750 EXHIBIT "A" PROJECT LIMITS • Below are the limits of the IMPROVEMENTS to be maintained by the CITY under this AGREEMENT. State Road Number: AlA (Indian Creek Drive) From convergence With Abbott Avenue to convergence with Collins Avenue AlA (Collins Avenue) From 88th Street 5th Street AlA (5th Street) From MacArthur Causeway to Collins Avenue AlA (Harding Avenue) From 86th Street to 72nd Street • A1A (Abbott Avenue) From 72nd Street to Indian Creek Drive 907 (Alton Road) From convergence with 63rd Street to 5th Street 907 (63rd Street) From La Gorce Drive to Indian Creek Drive 934 (Normandy Drive) From Bay Drive to Collins Avenue County: Miami-Dade • Master Maintenance Memorandum of Agreement between Florida Department of Transportation and the City of Miami Beach Page 10 of 12 Page 857 of 1750 EXHIBIT "B" CITY OF MIAMI BEACH RESOLUTION To be herein incorporated once ratified by the CITY Board of Commissioners. • • Master Maintenance Memorandum of Agreement between Florida Department of Transportation and the City of Miami Beach Page 11 3f 12 Page 858 of 1750 • • EXHIBIT "C" SUPPLEMENTAL AGREEMENT TO THE FLORIDA DEPARTMENT OF TRANSPORTATION DO NOT BLOCK INTERSECTION MARKINGS AND SIGNS MASTER MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE CITY OF MIAMI BEACH This Supplemental Agreement, dated the • day of , 20 , is entered into between the Florida Department of Transportation ("DEPARTMENT") and the CITY of Miami Beach ("CITY") . In accordance with the provisions of the Master Maintenance Memorandum Agreement ("MMOA") for existing and ; future do not block intersection markings (cross-hatch) and signs (the "IMPROVEMENTS") between the parties, dated the day of , 20 , the parties enter into this Supplemental Agreement for. purposes of _ .incorporating the following Improvements, pursuant to FDOT Permit/Project/Grant No , within the State right of way . described in such Permit/Project/Grant, copy attached hereto ' and . incorporated herein by reference. By their signature below, the parties hereby acknowledge that FDOT/Project/Grant No. for Improvements on SR , within the limits described in said Permit/Project/Grant, is hereby incorporated into the MMOA, and the CITY shall comply with all maintenance obligations thereunder and the parties further agree to abide by all provisions thereunder. CITY OF MIAMI BEACH: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION: • By: By: Name: Name: Title: Title: Master Maintenance Memorandum of Agreement between Florida Department of Transportation and the City of Miami Beach Page 12 3f 12 • Page 859 of 1750 Docusign Envelope ID:9B2C33C9-7512-4E20-BDFC-32BAFBF45C0C MI A IV\ I BEACH Contract/Document Routing Form Contract No. Title FLORIDA DEPARTMENT OF TRANSPORTATION DO NOT BLOCK INTERSECTION MARKINGS AND N/A SIGNS MASTER MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE CITY OF MIAMI BEACH Contractor Requesting Department N/A Transportation&Mobility Department Department Director Nang,Signature&Date ACM Name,Signature&Date Jose R.Gonzalez,P.E. j Rickelle Williams 4a / ,/j /7 Document Type(Select One) 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 S—Grant agreements with the City as the grantor Type 8—Other: Summary&Justification On July 24, 2024, the Mayor and the City Commission adopted Resolution No. 2024-33199, approving a Master Maintenance Memorandum of Agreement(MMOA)between the City of Miami Beach(the City)and the Florida Department of Transportation (FDOT). This will allow the City to proceed with the installation and maintenance of "Do Not Block Intersection" pavement markings and signage at critical intersections on 41 Street on an immediate basis as well as on other intersections on FDOT roadways in the City,as deemed necessary by the City and permitted by FDOT,to improve safety and traffic flow. This MMOA does not require an expenditure by the City at this time. Original Term Renewal Periods Total Term(Original+Renewals) N/A N/A N/A Funding information Grant Funded: . Yes - No - State Federal II Other: Cost&Funding Source Year Annual Cost Account Require Enhancement 1 N/A N/A Yes No 2 N/A N/A Yes No 3 N/A N/A Yes No 4 N/A N/A Yes No 1. For contracts longer than five years, contact the Procurement Department. 2.Attach any supporting explanation needed.3. Budget approval indicates approval for the current fiscal year only.Future years are subject to City Commission approval of the annual adopted operating budget. Authority to Sign City Commission Approved: X Yes No Resolution No.: CC Agenda Item No.: CC Meeting Date: 2024-33199 C7 AB 7/24/2024 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 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 Other: i—DocuSigned by: Chief Financial Officer A clit, atLIAL —2118893138C446F MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov TRANSPORTATION &MOBILITY DEPARTMENT Tel: 305.673.7514 LETTER OF TRANSMITTAL TO: Rafael Granado City Clerk FROM: Jose R. Gonzalez, P.E. Transportation & Mobility Director DATE: 08/23/2024 SUBJECT: FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) DO NOT BLOCK INTERSECTION MARKINGS AND SIGNS MASTER MAINTENANCE MEMORANDUM OF AGREEMENT (MMOA) WITH THE CITY OF MIAMI BEACH We are submitting: Priority: Submitted for: Action Taken: ❑ Permit Application ❑ RUSH ❑ Review ❑ Reviewed [' Final Acceptance Letter ® High Priority ❑ Approval/Signature ❑ Approved ❑ Letter to Commission ❑ Low Priority ❑ Comment ❑ Returned for ❑ Agenda Items ❑ For your use Corrections ® Other: MMOA w ❑ As requested FDOT "Do Not Block ® Attestation Intersection" Marking & Signage Once ready, please contact Gala Ceballos at extension 26239 or Brenda Carbonell at extension 26721 Notes: picetsc C��? C - ( AT F vo-r s kCo (t._ (1-i--1 RAFAEL E.GHANADU We are committed to providing excellent public service and safety to all who live, work, and play in our vibrant, tropical, historic community.