C7F-Execute Agreements w- FDOT Drainage Improvements - 5th Street To Michigan AvCOMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Approving And
Authorizing The City Manager To Execute Various Locally Funded Agreements And Memoranda Of
Agreements, In Substantially The Attached Form, With The Florida Department Of Transportation, For
Construction And Maintenance Of Off-System Drainage Improvements; And For Construction And
Maintenance Of Landscape, Irrigation And Bonded Aggregate Paving, As Part Of FOOT's State Road
907/Aiton Road Project From 51h Street To Michigan Ave With Funding In The Amount Of $125,000.00.
Key Intended Outcome Supported:
Enhance mobility throuQhout the City.
Supporting Data (Surveys, Environmental Scan, etc.): According to the 2009 Customer Satisfaction
Survey, traffic appears as one of the most important areas affecting residents quality of life; 37% of
residents rated traffic flow as poor; traffic is ranked number 2 by residents as one of the changes that will
make Miami Beach a better place to live; traffic flow is a key driver for recommending Miami Beach as a
place to live.
Issue:
I Shall the Mayor and City Commission approve the Resolution?
Item Summary/Recommendation:
FOOT is planning to construct improvements on Alton Road/SR 907 from 51
h Street to Michigan Avenue.
Construction is scheduled to begin in April 2013 and is anticipated to be completed in April2014. The
Project will include roadway, sidewalk, and curb and gutter reconstruction, significant drainage
improvements including construction of three (3) stormwater pump stations, decorative roadway and
pedestrian lighting, landscaping, irrigation, and bonded aggregate improvements. These improvements
require the execution of several Agreements listed below and attached herewith between FOOT and the
City:
A. Locally Funded Agreement (LFA)
B. Memorandum of Agreement (MOA)
C. Landscape, Irrigation, and Boded Aggregate Paving Maintenance Memorandum of Agreement
(MMOA)
D. Memorandum of Agreement (MOA) for Off-System Construction and Maintenance of
Improvements
THE ADMINISTRATION RECOMMENDS APPROVAL OF THE RESOLUTION.
Advisory Board Recommendation:
I N/A
Financial Information:
Source of Amount Account
Funds: 1
I I
2
3
OBPI Total
Financial Impact Summary: This is a future FOOT project (FY 13/14); City's contributions are unfunded
at this time and will be requested prior to FOOT project completion.
n-Offs:
MIAMI BEACH 155
AGENDA ITEM --..::C;..._7..:....:....F __
DATE Y-f-/2._
lD MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera-Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager
DATE: May 9, 2012
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO
EXECUTE VARIOUS LOCALLY FUNDED AGREEMENTS AND MEMORANDA OF
AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE FLORIDA
DEPARTMENT OF TRANSPORTATION, FOR CONSTRUCTION AND
MAINTENANCE OF OFF-SYSTEM DRAINAGE IMPROVEMENTS; AND FOR
CONSTRUCTION AND MAINTENANCE OF LANDSCAPE, IRRIGATION AND
BONDED AGGREGATE PAVING, AS PART OF FOOT'S STATE ROAD 907/ALTON
ROAD PROJECT FROM 5TH STREET TO MICHIGAN AVE WITH FUNDING IN THE
AMOUNT OF $125,000.00.
FUNDING
This is a future FOOT project with construction beginning in FY 12/13. The City's contribution in
the amount of $125,000.00 for the capital cost of the irrigation system has been requested
through the FY 2013 capital budget process.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
BACKGROUND
The Florida Department of Transportation (FOOT) is planning to construct improvements on
Alton Road/SR 907 from 5th Street to Michigan Avenue (Project). Construction is scheduled to
begin in April 2013, and construction duration is estimated to be (12) months. The Project will
include roadway, sidewalk, and curb and gutter reconstruction, significant drainage
improvements including construction of three (3) stormwater pump stations, decorative roadway
and pedestrian lighting, landscaping, irrigation, and tree wells bonded aggregate improvements.
These improvements require the execution of several Agreements listed below and attached
herewith between the FOOT and the City of Miami Beach:
A Locally Funded Agreement (LFA)
B. Memorandum of Agreement (MOA)
C. Landscape, Irrigation, and Boded Aggregate Paving Maintenance Memorandum of
agreement (MMOA)
D. Memorandum of Agreement (MOA) for Off-System Construction and Maintenance of
Improvements
Two (2) additional FOOT Agreements related to the construction of the City-owned utilities and
maintenance of the three (3) proposed stormwater pump stations to be constructed as part of
the future Alton Road project will be presented to the Miami Beach City Commission for
consideration at a future date.
156
City Commission Memorandum -FDOT Agreements for Alton Road!S.R. 907 from 5th Street to
Michigan A venue
May 9, 2012
ANALYSIS
The City of Miami Beach considers Alton Road to be a primary north-south arterial and
important gateway corridor serving the mobility needs of residents and visitors. As such, the
City has requested FOOT to include enhancements in the Project scope, which are considered
over and above the standard FOOT improvements.
It is important to note that FOOT typically does not include non-standard improvements and
enhancements such as landscaping, irrigation, and tree wells bonded aggregate improvements
in the scope of its roadway projects unless specifically requested by the municipality wherein
the project is located. When such request is made, the municipality is typically responsible for
the capital and maintenance costs associated with the implementation of the non-standard
project improvements and enhancements as part of the FOOT project. Further, Memoranda of
Agreements (MOA) and Locally Funded Agreements (LFA) are required in order to implement
the non-standard improvements as part of an FOOT project.
Execution of the Agreements (Attachments A -D) between FOOT and the City is required in
order to implement the drainage, landscaping, irrigation, and tree wells bonded aggregate
improvements along Alton Road/S.R. 907 from 5th Street to Michigan Avenue, as well as
drainage improvements along the side streets.
Below is a description of the purpose and need for each Agreement:
Locally Funded Agreement (LFA). The City requested that landscaping and an irrigation
system be installed as part of the Project. This Agreement stipulates that the City will fund
the cost for installation of an irrigation system and all associated elements and that FOOT,
through its contractor, will install the irrigation system along Alton Road from 5th Street to
Michigan Avenue as part of the Project.
Memorandum of Agreement (MOA). This Agreement creates an escrow account
established by FOOT with an initial deposit in the amount of $125,000.00 funded by the City
for the purpose of constructing an irrigation system on Alton Road from 5th Street to Michigan
Avenue as part of the Project.
Landscape, Irrigation, and Bonded Aggregate Paving Maintenance Memorandum of
Agreement (MMOA). FOOT requires that the City enter into a Memorandum of Agreement
(MOA) for the maintenance of the proposed landscaping, irrigation, and tree wells bonded
aggregate improvements constructed as part of the Project. FOOT will install landscaping,
an irrigation system, and bonded aggregate paving in accordance with the design plans, and
the City will be responsible for the maintenance of said improvements.
Memorandum of Agreement (MOA) for Off-System Construction and Maintenance of
Improvements. This Agreement is necessary for the design, construction, construction
inspection, utility work, permits, easements, and other tasks associated with improvements
on roads not on the State Highway System (e.g., Alton Road side streets under the
jurisdiction of City of Miami Beach). This Agreement allows FOOT to relocate City-owned
utilities located on City right-of-way and to construct drainage improvements along the side
streets of Alton Road, as specified in the design plans, including construction of three (3)
proposed stormwater pump stations as part of the Project at the following locations: Alton
Road/10th Street, Alton Road/14th Street, and West Avenue/5th Street.
157
City Commission Memorandum -FDOT Agreements for Alton Road/S.R. 907 from 5th Street to
Michigan Avenue
May 9, 2012
CONCLUSION
The Administration has determined that the Alton Road Improvement Project is in the best
interest of the City as it will address severe drainage deficiencies along Alton Road, as well as
improve the aesthetics of this primary north-south arterial roadway in the City. As such, the
Administration recommends that the Mayor and City Commission approve and authorize the
City Manager to execute the required Agreements with FOOT.
Attachments:
A. Locally Funded Agreement (LFA)
B. Memorandum of Agreement (MOA)
C. Landscape, Irrigation, and Boded Aggregate Paving Maintenance Memorandum
of Agreement (MMOA)
D. Memorandum of Agreement (MOA) for Off-System Construction and Maintenance
of Improvements
JGG/FHB/RWS/JRG
T:\AGENDA\2012\5-9-12\FDOT Agreements for Alton Road Project. MEMO.docx
158
RESOLUTION NO. -----
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO
EXECUTE VARIOUS LOCALLY FUNDED AGREEMENTS AND MEMORANDA OF
AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE FLORIDA
DEPARTMENT OF TRANSPORTATION, FOR CONSTRUCTION AND MAINTENANCE
OF OFF-SYSTEM DRAINAGE IMPROVEMENTS; AND FOR CONSTRUCTION AND
MAINTENANCE OF LANDSCAPE, IRRIGATION AND BONDED AGGREGATE
PAVING, AS PART OF FOOT'S STATE ROAD 907/ALTON ROAD PROJECT FROM
5TH STREET TO MICHIGAN AVENUE WITH FUNDING IN THE AMOUNT OF
$125,000.00.
WHEREAS, the Florida Department of Transportation (FOOT) is planning to construct
certain infrastructure improvements on Alton Road/ State Road (S.R.) 907 from 51h Street to
Michigan Avenue (the FOOT Project); and
WHEREAS, the City has requested that FOOT include irrigation and bonded aggregate
paving for tree-wells as part of the FOOT Project; and
WHEREAS, FOOT is willing to design and construct an irrigation system and the bonded
aggregate pavement tree-wells provided the City funds the increased costs associated with these
elements; and
WHEREAS, FOOT requires the City to maintain the landscaping, irrigation system, and
bonded aggregate paving installed as part of the Project; and
WHEREAS, the FOOT Project requires the design and construction of drainage
improvements and relocation of City-owned facilities impacted by the Project and located off the
State Highway System and on adjacent City streets; and
WHEREAS, FOOT is requiring the City to approve and execute various Agreements,
including a Locally Funded Agreement (LFA), Memoranda of Agreement (MOA), Maintenance
Memorandum of Agreement (MMOA), and Utility Design Agreement which are necessary for the
design and construction of said improvements as part of the FOOT Project,
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, hereby approve and authorize the City Manager to
execute various locally funded agreements and memoranda of agreements, in substantially the
attached form, with the Florida Department Of Transportation, for construction and Maintenance of
off-system drainage improvements; and for construction and maintenance of landscape, irrigation
and bonded aggregate paving, as part of FOOT's State Road 907/Aiton Road Project from 51h Street
to Michigan Avenue with funding in the amount of $125,000.00.
PASSED AND ADOPTED THIS ___ DAY OF ____ 2012.
ATTEST:
----------------~·PPROVEDASTO
CITY CLERK MAYOR FORM & LANGUAGE
& FOR EXECUTION
d_JLC}X-s _ t-rv
,fr City Attorn~V: Date
T:\AGENDA\2012\5-9-12\FDOT Agreements for Alton Road. RESO.doc
159
Attachment A
LOCALLY FUNDED AGREEMENT
THIS LOCALLY FUNDED AGREEMENT (hereinafter 'Agreement') is made and entered into
this _ day of , 20_, between the CITY OF MIAMI BEACH, a municipal
corporation of the State of Florida, hereinafter referred to as the 'CITY', and the STATE OF
FLORIDA DEPARTMENT OF TRANSPORTATION a component agency of the State of
Florida, hereinafter referred to as the 'DEPARTMENT'.
RECITALS:
WHEREAS, the DEPARTMENT has jurisdiction over and maintains State Road (S.R.)
907/Alton Road corridor within the corporate limits ofthe CITY; and
WHEREAS, the CITY has requested the DEPARTMENT to install or cause to be installed
an irrigation s ystem and all associated elements along S .R. 907 I Alton Road from 5th Street to
Michigan A venue; and
WHEREAS, the DEPARTMENT has agreed to install or cause to be installed an irrigation
system and all associated elements along S.R. 907/Alton Road from 5th Street to Michigan Avenue,
subject to the terms and conditions detailed in this Agreement; and
WHEREAS, the CITY shall fund the increased costs, under financial project numbers
249911-1-52-02 and 249911-3-52-02, associated with the installation of the irrigation system and
associated elements on S.R. 907/Alton Road, from 5th Street to Michigan Avenue, hereinafter
collectively called the 'PROJECT', and as detailed in the attached Exhibit "A", "Scope of Services",
which is herein incorporated by reference; and
WHEREAS, the parties are authorized to enter into this Agreement pursuant to Sections
334.044(7) and 339.12 (2006), Florida Statutes, and authorize its officers to do so.
Page 1 ofl2
Locally Funded Agreement between the City of Miami Beach
and the Florida Department ofTransportation, Financial Project Numbers 249911-1-52-02 and 249911-3-52-02
160
NOW, THEREFORE, in consideration of the premises, the mutual covenants and other
valuable considerations contained herein, the receipt and sufficiency of which are hereby
acknowledged, the parties agree as follows:
1. Recitals. The Recitals to this Agreement are true and correct and are incorporated herein
by reference and made a part hereof.
2. General Requirements
(a) A true and correct copy of the Resolution of the CITY Commission approving this
Agreement is attached hereto as Exhibit "C", 'CITY OF MIAMI BEACH
RESOLUTION', and is incorporated herein by reference.
(b) The CITY shall:
1. utilize the U.S. Department of Homeland Security'y E-Verify system to
verify the employment eligibility of all new employees hired by the CITY
during the term of the Agreement; and
n. 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 Agreement term.
(c) The DEPARTMENT will administer and construct the PROJECT in accordance with
the signed and sealed PROJECT plans and as detailed in the attached Exhibit "A",
'Scope of Services'. The DEPARTMENT will complete the PROJECT utilizing the
funds provided by the CITY.
Page 2 of 12
Locally Funded Agreement between the City of Miami Beach
and the Florida Department of Transportation, Financial Project Numbers 249911-1-52-02 and 249911-3-52-02
161
(d) The CITY will provide funding to the DEPARTMENT, in the aggregate amount of
ONE HUNDRED TWENTY FIVE THOUSAND DOLLARS ($125,000.00), for the
PROJECT, subject further to the provisions in Section 3 of this Agreement and as
outlined in the attachment Exhibit "B", "Financial Summary", which is herein
incorporated by reference.
(e) The DEPARTMENT Contractor will not commence work on the PROJECT until
CITY funding for the PROJECT is on deposit with the DEPARTMENT.
(f) Upon the receipt, authorization and encumbrance of funding received from the CITY
as a result of this Agreement, the DEPARTMENT Contractor will commence work on
the PROJECT.
3. Financial Provisions.
(a) The CITY agrees that it will, no later than the ih of October 2012, furnish the
DEPARTMENT an advance deposit in the amount of ONE HUNDRED TWENTY
FIVE THOUSAND DOLLARS ($125,000.00) for full payment of the estimated
PROJECT cost for Locally Funded project numbers 249911-1-52-02 and 249911-3-
52-02. The advance deposit shall be the total estimated PROJECT cost plus
allowances. The DEPARTMENT may utilize this deposit for payment of the costs of
the PROJECT.
(b) If the accepted bid amount plus allowances is in excess ofthe advance deposit amount,
the CITY will provide an additional deposit within fourteen (14) calendar days of
notification from the DEPARTMENT or prior to posting of the accepted bid,
whichever is earlier, so that the total deposit is equal to the bid amount plus
allowances. The DEPARTMENT will notify the CITY as soon as it becomes apparent
Page 3 of 12
Locally Funded Agreement between the City of Miami Beach
and the Florida Department ofTransportation, Financial Project Numbers 249911-1-52-02 and 249911-3-52-02
162
the accepted bid amount, plus allowances, is in excess of the advance deposit amount.
However, failure of the DEPARTMENT to so notify the CITY shall not relieve the
CITY from its obligation to pay for its full participation on final accounting as
provided herein below. If the CITY cannot provide the additional deposit within
fourteen (14) days, a letter must be submitted to and approved by the
DEPARTMENT's project manager indicating when the deposit will be made. The
CITY understands the request and approval of the additional time could delay the
PROJECT, and additional costs may be incurred due to a delay of the PROJECT.
(c) If accepted bid amount plus allowances is less than the advance deposit amount, the
DEPARTMENT will refund the amount that the advance deposit exceeds the bid
amount plus allowances if such refund is requested by the CITY in writing.
(d) Should PROJECT modifications or changes to bid items occur that increase the
CITY's share of total PROJECT costs, the CITY will be notified by the
DEPARTMENT accordingly. The CITY agrees to provide, without delay, in advance
of additional work being performed, adequate funds to ensure that cash on deposit
with the DEPARTMENT is sufficient to fully fund its share of the PROJECT. The
DEPARTMENT shall notify the CITY as soon as it becomes apparent the actual costs
will overrun the award amount. However, failure of the DEPARTMENT to so notify
the CITY shall not relieve the CITY from its obligation to pay for its full participation
during the PROJECT and on final accounting as provided herein below. Funds due
from the CITY during the PROJECT not paid within forty ( 40) calendar days from the
date of the invoice are subject to an interest charge at a rate established pursuant to
Section 55.03, Florida Statutes (F.S.).
Page 4 of 12
Locally Funded Agreement between the City of Miami Beach
and the Florida Department a/Transportation, Financial Project Numbers 249911-1-52-02 and 249911-3-52-02
163
(e) The DEPARTMENT intends to have its final and complete accounting of all costs
incurred in connection with the work performed hereunder within three hundred and
sixty (360) days of final payment to the Contractor. The DEPARTMENT considers
the PROJECT complete when final payment has been made to the Contractor, not
when the construction work is complete. All PROJECT cost records and accounts
shall be subject to audit by a representative of the CITY for a period of three (3) years
after final close out of the PROJECT. The CITY will be notified of the final cost
Both parties agree that in the event final accounting of total PROJECT costs pursuant
to the terms of this agreement is less than the total deposit to date, a refund of the
excess will be made by the DEPARTMENT to the CITY. If the final accounting is
not performed within three hundred and sixty (360) days, the CITY is not relieved
from its obligation to pay.
(f) In the event the final accounting of total PROJECT costs is greater than the total
deposits to date, the CITY will pay the additional amount within forty ( 40) calendar
days from the date of the invoice from the DEPARTMENT. The CITY agrees to pay
interest at a rate as established pursuant to Section 55.03, F.S., on any invoice not paid
within forty ( 40) calendar days until the invoice is paid.
(g) The payment of funds under this Locally Funded Agreement will be made directly to
the DEPARTMENT for deposit and as provided in the attached Memorandum of
Agreement (MOA) between the CITY, Department and the State of Florida,
Department of Financial Services, Division ofTreasury.
Page 5 ofl2
Locally Funded Agreement between the City of Miami Beach
and the Florida Department a/Transportation, Financial Project Numbers 249911-1-52-02 and 249911-3-52-02
164
(h) Nothing in this Agreement shall be construed to violate the provisions of Section
339.135(6)(a), Florida Statutes, which provides as follows:
"The Department, during any fiscal year, shall not expend money, incur any liability,
or enter into any contract which, by its terms, involves the expenditure of money in
excess of the amounts budgeted as available for expenditure during such fiscal year.
Any contract, verbal or written, made in violation of this subsection is null and void,
and no money may be paid on such contract. The Department shall require a statement
from the Comptroller of the Department that such funds are available prior to entering
into any such contract or other binding commitment of funds. Nothing herein
contained shall prevent the making of contracts for periods exceeding one year, but
any contract so made shall be executory only for the value of the services to be
rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall
be incorporated verbatim in all contracts of the Department which are for an amount in
excess of TWENTY FIVE THOUSAND DOLLARS ($25,000.00) and which have a
term for a period of more than one year."
4. Effective Date of this Agreement. This Agreement shall become effective upon execution
by the CITY and the DEPARTMENT and as of the date set forth on page one (1) hereof.
5. Provisions Separable. The provisions of this Agreement are independent of and separable
from each other, and no provision shall be affected or rendered invalid or unenforceable by
virtue of the fact that for any reason any other or others of them may be invalid or
unenforceable in whole or in part.
6. Amendment of Agreement. This Agreement may only be amended by mutual agreement of
the DEPARTMENT and the CITY, expressed in writing and executed and delivered by each.
Page 6 of 12
Locally Funded Agreement between the City of Miami Beach
and the Florida Department ofTransportation, Financial Project Numbers 249911-1-52-02 and 249911-3-52-02
165
7. Notices. All notices, requests, demands and other communications required or permitted
under this Agreement shall be in writing and shall be deemed to have been duly given, made
and received when delivered (personally, by courier service such as Federal Express, or by
other messenger) against receipt or upon actual receipt of registered or certified mail, postage
prepaid, return receipt requested, addressed as set forth below:
(a) If to the CITY:
(b) If to the DEPARTMENT:
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Attention: Richard Sal trick, P .E.
Florida Department of Transportation
1000 NW 111 A venue, Room 6202B
Miami, Florida 33172
Attention: Michelle L. Meaux, JP A Coordinator
Any party may alter the address to which communications or copies are to be sent by giving
notice of such change of address in conformity with the provisions of this paragraph for the
giving of notice.
8. Entire Agreement. This Agreement, including its attached Exhibits, contain the sole and
entire Agreement between the parties with respect to such subject matter and supersede any
and all other prior written or oral agreements between them with respect to such subject
matter.
9. Binding Effect. This Agreement shall be binding upon the parties and their respective
representatives, successors and assigns.
10. Waiver. Waiver by either party of any breach of any provision of this Agreement shall not be
considered as or constitute a continuing waiver or a waiver of any other breach of the same or
any other provision of this Agreement.
Page 7 of12
Locally Funded Agreement between the City of Miami Beach
and the Florida Department a/Transportation, Financial Project Numbers 249911-1-52-02 and 249911-3-52-02
166
11. Captions. The captions contained in this Agreement are inserted only as a matter of
convenience or reference and in no way define, limit, extend or describe the scope of this
Agreement or the intent of any of its provisions.
12. Absence of Third Party Beneficiaries. Nothing in this Agreement, express or implied, is
intended to (a) confer upon any entity or person other than the parties and their permitted
successors and assigns any rights or remedies under or by reason of this Agreement as a third
party beneficiary or otherwise except as specifically provided in this Agreement; or (b)
authorize anyone not a party to this Agreement to maintain an action pursuant to or based
upon this Agreement.
13. Other Documents. The parties shall take all such actions and execute all such documents
which may be reasonably necessary to carry out the purposes of this Agreement, whether or
not specifically provided for in this Agreement; provided that the parties further acknowledge
that certain additional actions by the CITY may require approval by the CITY Commission,
and, to the extent such approval is required by applicable law, obtaining such approval shall
be a condition to the obligations of the CITY under this Section.
14. Governing Law. This Agreement and the interpretation of its terms shall be governed by the
laws of the State of Florida, without application of conflicts of law principles. Venue for any
judicial, administrative or other action to enforce or construe any term of this Agreement or
arising from or relating to this Agreement shall lie exclusively in Miami-Dade County,
Florida.
Page 8 of 12
Locally Funded Agreement between the City of Miami Beach
and the Florida Department ofTransportation, Financial Project Numbers 249911-1-52-02 and 249911-3-52-02
167
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on
the day and year first above written, the CITY, signing by and through its CITY Manager, and the
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, signing by and through its
District Secretary, each duly authorized to execute same.
CITY OF MIAMI BEACH: STATE OF FLORIDA,
DEPARTMENT OF TRANSPORTATION:
BY: BY:
CITY MAYOR DISTRICT SECRETARY
ATTEST: ATTEST:
(SEAL) CITY CLERK (SEAL) EXECUTIVE SECRETARY
LEGAL REVIEW:
CITY ATTORNEY DISTRICT CHIEF COUNSEL
APPROVED AS TO
FORM & LANGUAGE
AF EXECUTION
f t.-~.~-~-u
.,...~~"!!"'---
Page 9 of 12
Locally Funded Agreement between the City of Miami Beach
and the Florida Department ofTransportation, Financial Project Numbers 249911-1-52-02 and 249911-3-52-02
168
EXHIBIT 'A'
SCOPE OF SERVICES
The PROJECT work consists of constructing an irrigation system and all associated elements. This
shall include water taps, water meters, conduit/sleeving and backflow preventers; additionally it will
include backflow preventers and lateral lines, spray heads and emitters. In addition to materials and
installation, the CITY is responsible for the impact fees and water costs during construction, warranty
period and beyond for irrigation within the CITY's right-of-way.
The PROJECT is further defined in Attachment "AI", PROJECT plans (incorporated herein by
reference).
Irrigation System Locations:
• From 5th Street lOth Street (MP. 0.028 to MP 0.402)
• From lOth Street to 14th Street (MP. 0.474 to MP 0.721)
• From 14th Street to Michigan Ave. (MP. 0.784 to MP 1.539)
• At 5th Street (MP. 0.000 to MP. 0.063)
• At lOth Street (MP. 0.388 to MP 0.488)
• At 14th Street (MP. 0.702 to MP. 0.800)
PROJECT LIMITS: S.R. 907/Alton Road from 5th Street to Michigan Avenue
DEPARTMENT Financial Project Number: 249911-1-52-02 and 249911-3-52-02
COUNTY: Miami-Dade
DEPARTMENT Project Manager: Daniel Iglesias, P.E. 305-470-5266
CITY Project Manager: Richard Saltrick, P.E. 305-673-7080 Ext. 6565
Page 10 of12
Locally Funded Agreement between the City of Miami Beach
and the Florida Department ofTransportation, Financial Project Numbers 249911-1-52-02 and 249911-3-52-02
169
EXHIBIT 'B'
FINANCIAL SUMMARY
The DEPARTMENT's Work Program allocates the following funding, programmed under Financial
Project Numbers 249911-1-52-02 and 249911-3-52-02, for PROJECT completion:
Fiscal Year: Amount: Fund Type:
249911-1-52-02
2012/2013 $119,980.00 Local Funds (LF)
249911-3-52-02
2012/2013 $5,020.00 LF
CITY OF MIAMI BEACH FINANCIAL RESPONSIBILITY: $ 125,000.00
Page 11 of12
Locally Funded Agreement between the City of Miami Beach
and the Florida Department a/Transportation, Financial Project Numbers 249911-1-52-02 and 249911-3-52-02
170
EXHIBIT 'C'
CITY OF MIAMI BEACH RESOLUTION
To be attached hereto and incorporated herein once ratified by the CITY Commission.
Page 12 ofl2
Locally Funded Agreement between the City of Miami Beach
and the Florida Department ofTransportation, Financial Project Numbers 249911-1-52-02 and 249911-3-52-02
171
attachment B
MEMORANDUM OF AGREEMENT
THIS AGREEMENT, made and entered into this __ , day of 20_,
by and between the State of Florida, Department of Transportation, hereinafter referred
to as 11 FDOT11 and the State of Florida, Department of Financial Services, Division of
Treasury, hereinafter referred to as "TREASURY" and (Participant) hereinafter referred
to as the 11 PARTICIPANT11
•
WITNESSETH
WHEREAS, FOOT is currently constructing the following project:
Main Financial Project No.: 249911-1-52-02 and 249911-3-52-02
County: Miami-Dade
hereinafter referred to as the 11 PROJECT 11
•
WHEREAS, FOOT and the PARTICIPANT entered into a Locally Funded
Agreement (LFA) dated , 20_, wherein FOOT agreed to perform
certain work on behalf of the PARTICIPANT in conjunction with the PROJECT.
WHEREAS, the parties to this AGREEMENT mutually agreed that it would be in
the best interest of FOOT and the PARTICIPANT to establish an interest bearing escrow
account to provide funds for the work performed on the PROJECT on behalf of the
PARTICIPANT by FOOT.
NOW THEREFORE, in consideration of the premises and the covenants contained
herein, the parties agree to the following:
1. An initial deposit in the amount of One Hundred Twenty Five Thousand
Dollars ($125,000.00) will be made by the PARTICIPANT into an interest
bearing escrow account established by FOOT for the purposes of the
PROJECT. Said escrow account will be opened with the TREASURY on behalf
of FOOT upon receipt of this Memorandum of Agreement. Such account will
be an asset of FOOT.
2. Other deposits will be made only by the PARTICIPANT as necessary to cover
the cost increases or the cost of additional work prior to the execution of any
Supplemental Agreements or Amendments.
3. Payment will be made as follows (check appropriate payment method):
D Wire transfer
0 ACH deposit
D Check
172
A wire transfer or ACH deposit is the preferred method of payment and
should be used whenever possible. Following is the wiring and ACH
deposit instructions:
For wire transfers: Bank of America
Account # 00100906897 4
ABA # 026009593
Chief Financial Officer of Florida
Re: DOT-K 11-78, Financial Project#
For ACH deposits: Bank of America
Account # 00100906897 4
ABA # 0631 00277
Chief Financial Officer of Florida
Re: DOT - K 11-78, Financial Project#
If a check is the method of payment, the check shall be made payable to
the Department of Financial Services, Revenue Processing and mailed to
FOOT, OOC-GAO for appropriate processing at the following address:
Florida Department of Transportation
OOC-GAO, LFA Section
605 Suwannee Street, MS 42B
Tallahassee, Florida 32399
4. FOOT's Comptroller or designee shall be the sole signatories on the escrow
account with the TREASURY and shall have sole authority to authorize
withdrawals from said account.
5. Unless instructed otherwise by the FOOT, all interest accumulated in the
escrow account shall remain in the account for the purposes of the PROJECT
as defined in the LFA.
6. The TREASURY agrees to provide written confirmation of receipt of funds to
FOOT.
7. The TREASURY further agrees to provide periodic reports to FOOT.
173
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
COMPTROLLER
174
STATE OF FLORIDA
DEPARTMENT OF FINANCIAL SERVICES,
DIVISION OF TREASURY
PARTICIPANT SIGNATURE
PARTICIPANT NAME & TITLE
PARTICIPANT ADDRESS
FEDERAL EMPLOYER I.D. NUMBER
Attachment C
FLORIDA DEPARTMENT OF TRANSPORTATION
LANDSCAPE, IRRIGATION AND BONDED AGGREGATE PAVING
MAINTENANCE MEMORANDUM OF AGREEMENT
WITH THE
CITY OF MIAMI BEACH
This AGREEMENT, entered into on , 20 __ , by and
between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an
agency of the State of Florida, hereinafter called the
DEPARTMENT, and the CITY OF MIAMI BEACH, a municipal corporation
of the State of Florida, hereinafter called the CITY, and
collectively referred to as the PARTIES.
RECITALS:
A. The DEPARTMENT has jurisdiction over State Road (S.R.)
907 /Alton Road from 5th Street (MP 0. 000) to Michigan
Avenue (MP 1.539), which is located within the limits of
the CITY; and
B. The DEPARTMENT, pursuant to Contract # T-6290, has drafted
design plans for beautification improvements on S.R.
907 /Alton Road from 5th Street to Michigan Avenue, the
limits of which are described in the attached Exhibit 'A'
(the PROJECT LIMITS), which by reference shall become a
part of this AGREEMENT; and
C. The DEPARTMENT will install landscaping, irrigation systems
and bonded aggregate paving in accordance with the design
plans for Contract# T-6290(the "Project"); and
D. The PARTIES to this AGREEMENT mutually recognize the need
for entering into an agreement designating and setting
forth the responsibilities of each party with regards to
the maintenance of the landscaping, irrigation systems and
bonded aggregate paving installed pursuant to the Project;
and
E. 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.
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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
are incorporated
hereof.
this AGREEMENT are true and correct,
herein by reference and made a
2. DEPARTMENT RESPONSIBILITIES
and
part
The PARTIES agree that by executing this AGREEMENT all
maintenance responsibilities pertaining to the landscaping
and irrigation systems within the PROJECT LIMITS are
assigned to the CITY in perpetuity upon the DEPARTMENT'S
release of its contractor from further warranty work and
responsibility, as set forth in Section 580-5 of the
Departments Standard Specification for Road and Bridge
Construction. Additionally, the PARTIES agree that all
maintenance responsibilities pertaining to the bonded
aggregate paving shall be assigned to the CITY in
perpetuity upon the DEPARTMENT'S issuance of the Notice of
Final Acceptance of the Project to its contractor.
3. CITY'S MAINTENANCE RESPONSIBILITIES
The CITY shall maintain the landscaping, irrigation systems
and bonded aggregate paving, hereinafter may also be called
"Roadway Features", in accordance with all applicable
DEPARTMENT guidelines, standards, and procedures, which
shall include but shall not be limited to the Maintenance
Rating Program Handbook, as may be amended from time to
time. Additionally, the CITY shall maintain the
landscaping, irrigation systems and bonded aggregate paving
in accordance with the International Society of
Arboriculture standards, guidelines, and procedures, as may
be amended from time to time, and in accordance with the
standards set forth in the Project Plans, and in the
Project Specifications and Special Provisions. The CITY'S
maintenance obligations shall include but not be limited
to:
Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach
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176
a. Mowing/ cutting and/or trimming and edging the grass
and turf.
b. Pruning all plant materials/ which include trees/
shrubs and ground covers 1 and parts thereof.
c. Removing and properly disposing of dead 1 diseased or
otherwise deteriorated plants in their entirety 1 and
replacing those that fall below the standards set
forth in the Project Plans and in the Project
Specifications/ incorporated herein by reference/ and
all applicable Department guidelines/ standards and
procedures/ as may be amended from time to time. All
replacement materials shall be in accordance with the
Project Plans and the Project Specifications and
Special Provisions.
d. Mulching all plant beds and tree rings.
e. Removing and disposing of all undesirable vegetation
including but not limited to weeding of plant beds and
removal of invasive exotic plant materials.
f. Watering and fertilizing all plants as needed to
maintain the plant materials in a healthy and vigorous
growing condition.
g. Performing routine and regular inspection of the
irrigation system ( s) to assure that the systems are
fully functional; identifying damage and/or
malfunctions to the system(s); repairing and/or
replacing broken or missing irrigation equipment; and
adjusting spray heads to eliminate overspray of water
onto paved areas.
h. Paying all for water use and all costs associated
therewith.
i. Performing routine and regular inspections of the
bonded aggregate paving to ensure that the paving is
fully functional; identifying damage and/or
malfunctions in the paving; and repairing and/or
Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach
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replacing damaged bonded aggregate paving to ensure
paving is maintained in accordance with all applicable
Department guidelines, standards, and all applicable
Americans with Disabilities Act (ADA) requirements, as
amended from time to time. For any routine repairs or
replacement due to noticeable scarring or surface
deterioration of the bonded aggregate pavement, the
product authorized installer should be contacted.
j. Removing and disposing of litter from roadside and
median strips in accordance with all applicable
government rules, regulations, policies, procedures,
guidelines, and manuals, as amended from time to time.
k. Removing and disposing of all trimmings, roots,
branches, litter, and any other debris resulting from
the activities described by 2.A through 2.J.
1. 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.
m. Submitting Lane Closure Requests to the DEPARTMENT
when maintenance activities will require the closure
of a traffic lane in the DEPARTMENT'S right-of-way.
Lane closure requests shall be submitted through the
District Six Lane Closure Information System, to the
DEPARTMENT'S area Permit Manager and in accordance
with the District Six Lane Closure Policy, as may be
amended from time to time.
The DEPARTMENT may, at its sole discretion, perform
periodic inspection of the Roadway Features 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.
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4. MAINTENANCE DEFICIENCIES
If at any time it shall ·come to the attention of the
DEPARTMENT that the CITY's responsibilities as established
herein are not being properly accomplished pursuant to the
terms of this AGREEMENT, the DEPARTMENT may, at its option,
issue a written notice, in care of the CITY MANAGER, to
notify the CITY of the maintenance deficiencies. From the
date of receipt of the notice, the CITY shall have a period
of thirty (30) calendar days, within which to correct the
cited deficiency or deficiencies. Receipt is determined in
accordance with Section 5 of this AGREEMENT.
If said deficiencies are not
period, the DEPARTMENT may,
follows:
corrected within this time
at its option, proceed as
a. Maintain the landscaping, irrigation systems and
bonded aggregate paving, or a part thereof and invoice
the CITY for expenses incurred; or
b. Terminate this Agreement in accordance with Section 7,
remove any or all landscaping, irrigation systems and
bonded aggregate paving located within the PROJECT
LIMITS, and charge the CITY the reasonable cost of
such removal.
5. NOTICES
All notices, requests, demands, consents, approvals, and
other communication which are required to be served or
given hereunder, shall be in writing and shall be sent by
certified u.s. mail, return receipt requested, postage
prepaid, addressed to the party to receive such notices as
follows:
To the DEPARTMENT: Florida Department of Transportation
1000 Northwest 111 Avenue, Room 6205
Miami, Florida 33172-5800
Attn: District Maintenance Engineer
To the CITY: City of Miami Beach
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1700 Convention Center Drive
Miami, Florida 33139
Attention: City Manager
Notices shall be deemed to have been received by the end of
five (5) business days from the proper sending thereof
unless proof of prior actual receipt is provided.
6. REMOVAL, RELOCATION OR ADJUSTMENT OF THE LANDSCAPE,
IRRIGATION SYSTEMS AND BONDED AGGREGATE PAVING
a. The PARTIES agree that the Roadway Features addressed
by this AGREEMENT 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 the landscaping,
irrigation systems and bonded aggregate paving, the
CITY'S maintenance responsibilities will survive the
relocation or adjustment, as long as the materials
remain within the PROJECT LIMITS.
7 . TERMINATION
This AGREEMENT is subject to termination under any one of
the following conditions:
b. By the DEPARTMENT, if the CITY fails to perform its
duties under Section 3 of this AGREEMENT, following
the thirty (30) days written notice, as specified in
Section 4 of this AGREEMENT.
c. In accordance with Section 287.058(1) (c), Florida
Statutes, the DEPARTMENT shall reserve the right to
unilaterally cancel this AGREEMENT if the CITY refuses
to allow public access to any or all documents,
papers, letters, or other materials made or received
by the CITY pertinent to this AGREEMENT which are
subject to provisions of Chapter 119, of the Florida
Statutes.
d. If mutually agreed to by both parties,
(30) days advance notice. An agreement
shall be valid only if made in writing
upon thirty
to terminate
and executed
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with the same formalities as this AGREEMENT.
8. TERMS
a. The effective date of this AGREEMENT shall commence
upon execution by the PARTIES. This AGREEMENT shall
continue in perpetuity or until termination as set
forth in Section 7.
b. For purposes of performing its duties under this
AGREEMENT, the CITY shall insert the following clause
into any contracts entered into by the CITY, with
vendors or contractors:
Vendors/Contractors:
i. Shall 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 AGREEMENT; and
ii. Shall expressly require 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 of all new employees hired by the
subcontractors during the AGREEMENT term.
c. This writing embodies the en'tire agreement and
understanding between the PARTIES hereto and there are
no other agreements and understanding, oral or
written, with reference to the subject matter hereof
that are not merged herein and superseded hereby.
d. This AGREEMENT shall not be transferred or assigned,
in whole or in part, without the prior written consent
of the DEPARTMENT.
e. This AGREEMENT shall be governed by and constructed in
accordance with the laws of the State of Florida. Any
provisions of this AGREEMENT found to be unlawful or
unenforceable shall be severable and shall not affect
the validity of the remaining portions of the
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181
AGREEMENT.
f. Venue for any and all
connection to the
performance or breach
exclusively in a state
Leon County, Florida.
actions arising out of or in
interpretation, validity,
of this AGREEMENT shall lie
court of proper jurisdiction in
g. 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.
h. The section headings contained in this AGREEMENT are
for reference purposes only and shall not affect the
meaning or interpretation hereof.
i. 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.
j. The DEPARTMENT is a state agency, self-insured and
subject to the provisions of Section 768.28, Florida
Statutes, as may be amended from time to time. Nothing
in this AGREEMENT shall be deemed or otherwise
interpreted as waiving the DEPARTMENT'S sovereign
immunity protections, or as increasing the limits of
liability as set forth in Section 768.28, Florida
Statutes.
9. INDEMNIFICATION
Subject to Section 768.28, Florida Statutes, as may be
amended from time to time, the CITY shall promptly
indemnify, defend, save and hold harmless the DEPARTMENT,
its officers, agents, representatives and employees from
any and all losses, expenses, fines, fees, taxes,
assessments, penalties, costs, damages, judgments, claims,
demands, liabilities, attorneys fees, (including regulatory
and appellate fees) , and suits of any nature or kind
whatsoever caused by, arising out of, or related to the
CITY'S exercise or attempted exercise of its
responsibilities as set out in this AGREEMENT, including
but not limited to, any act, action, neglect or omission by
Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach
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182
the CITY 1 its officers/ agents/ employees or
representatives in any way pertaining to this agreement/
whether direct or indirect/ except that neither the CITY
nor any of its officers/ agents/ employees or
representatives will be liable under this provision for
damages arising out of injury or damages directly caused or
resulting from the sole negligence of the DEPARTMENT.
The CITY'S obligation to indemnify/ defend and pay for the
defense of the DEPARTMENT 1 or at the DEPARTMENT'S option 1
to participate and associate with the DEPARTMENT in the
defense and trial of any claim and any related settlement
negotiations/ shall be triggered immediately upon the
CITY'S receipt of the DEPARTMENT'S notice of claim for
indemnification. The notice of claim for indemnification
shall be deemed received if the DEPARTMENT sends the notice
in accordance with the formal notice mailing requirements
set forth in Section 5 of this AGREEMENT. The DEPARTMENT'S
failure to notify the CITY of a claim shall not release the
CITY of the above duty to defend and indemnify the
DEPARTMENT.
The CITY shall pay all costs and fees related to this
obligation and its enforcement by the DEPARTMENT. The
indemnification provisions of this section shall survive
termination or expiration of this AGREEMENT 1 but only with
respect to those claims that arose from acts or
circumstances which occurred prior to termination or
expiration of this AGREEMENT.
The CITY'S evaluation of liability or its inability to
evaluate liability shall not excuse the CITY'S duty to
defend and indemnify the DEPARTMENT under the provisions of
this section. Only an adjudication or judgment 1 after the
highest appeal is exhausted/ specifically finding the
DEPARTMENT was solely negligent shall excuse performance of
this provision by the CITY.
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183
IN WITNESS WHEREOF, the parties hereto have caused these
presents to be executed the day and year first above written.
CITY OF MIAMI BEACH:
BY: ____________________ ___
CITY Mayor
ATTEST: __________________ (SEAL)
CITY Clerk
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION:
BY: ________________________ __
District Director of
Transportation Operations
ATTEST: __________________ __
Executive Secretary
LEGAL REVIEW:
BY: ________________________ _
District Chief Counsel
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EXHIBIT 'A'
PROJECT LIMITS
Below are the limits of the landscape/ irrigation and bonded
aggregate paving to be maintained under this AGREEMENT.
State Road Number: 907/Alton Road
Agreement Limits: From 5th Street (M.P. 0.000) to
Michigan Avenue (M.P. 1.539)
County: Miami-Dade
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Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach
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186
EXHIBIT 'B'
CITY OF MIAMI BEACH RESOLUTION
To be herein incorporated once ratified by the CITY Board of
Commissioners.
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FM 249911-3-52-01
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MEMORANDUM OF AGREEMENT
REGARDING
Attach;:aent D
OFF-SYSTEM CONSTRUCTION AND MAINTENANCE OF IMPROVEMENTS
Between
STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION
("DEPARTMENT")
and
CITY OF MIAMI BEACH, a municipal corporation of the State of Florida
("CITY")
This Agreement is made and entered into as of , 2012, by and
through THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the
State of Florida (the "Department"), and CITY OF MIAMI BEACH, a municipal corporation of the
State of Florida (the "City"), collectively referred to as the "Parties."
RECITALS
A. The State of Florida Legislature has approved the Department's Work Program and
mandated the Department to complete the various projects included in the Department's Work
Program; and
B. Included in the Department Work Program is Project Number FM 249911-3-52-01 on
S.R. 907/Alton Road, which includes work along lOth Street and 14th Street, roads not on the State
Highway System located in Miami-Dade County, Florida, and collectively referred to as "the Project".
The Project, along lOth Street and 14th Street, includes the installation of pump station electrical panels
and platform structures, the installation of drainage structures and structures associated therewith,
piping and improvement of roads associated therewith, ("the Improvements"); and
C. The City is the holder of ownership rights to the roads not on the State Highway
System; and
D. The Parties agree that it is in the best interest of each party for the Department to
undertake and to complete all aspects of the Project, including the design, construction, construction
inspection, utility work, permits, easements, and other tasks associated with those improvements that
are on roads not on the State Highway System; and
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E. The parties further agree that it is in the best interest of each party to enter into this
Agreement in order to allow the Department to construct and complete the Improvements and the
Project.
TERMS
NOW THEREFORE, in consideration of the premises, the mutual covenants and other
valuable considerations contained in this Agreement, the receipt and sufficiency of which are hereby
acknowledged, the parties agree as follows:
1. The recitals in this Agreement are true and correct, and are incorporated and made part of
this Agreement by reference.
2. The Parties agree that the Department intends to undertake and complete the Project under
project number FM 249911-3-52-01, as depicted in Exhibit A, and attached to this
Agreement. The Project shall include improvements on roads not on the State Highway
System, including but not limited to installation of pump station electrical panels and
platform structures, the installation of drainage structures and structures associated
therewith, piping and improvement of roads associated therewith, on roads not on the State
Highway System, as depicted in Exhibit A, and all activities associated with, or arising out
of construction of the Improvements. The City shall cooperate with and support the
Department's work efforts in these regards. The Department will design and construct the
Project and Improvements in accordance with all applicable federal and state laws and
regulations and in accordance with Department design and construction standards as set
forth in the Department's guidelines, standards, and procedures. The Department shall
have final decision authority with respect to all aspects of design, construction of the
Improvements, and relocation of any utilities that the Department may require.
3. The Parties acknowledge and agree that, as of the date of this Agreement, the City has
reviewed the Project Design Plans ("PDP") and has submitted its comments, if any, via
Electronic Reviewer Comments ("ERC"), and that the Department has addressed all of the
City's comments, if any, regarding the PDP ("Review Process"). The Parties agree that the
plans attached hereto as Exhibit A are the product of the Review Process, and the City
authorizes the Department of Public Works to issue a permit (the "Permit") to the
Department's Contractor, authorizing the Department to construct the Improvements in
accordance with Exhibit A. By issuing the Permit, the City agrees that the Department may
proceed to construct the Project in accordance with the Schedule of Work included in
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Exhibit A. The City acknowledges and agrees that, during construction of the
Improvements, the Department will only utilize the service of law enforcement officers
when required by the Department's Standard Specifications for Road and Bridge
Construction, and no additional requirements will be imposed. The City agrees that the
Permit will not impose any conditions other than those included in this Agreement, and the
terms of this Agreement supersede any conflicting terms in the Permit. Additionally, the
City waives any permit fees that may apply to issuance of the Permit.
Major modifications of the permitted plans (Exhibit A) that concern the Improvements shall
be submitted to the City for review. A Major Modification is any modification that
materially alters the kind or nature of the work depicted in the permitted plans (Exhibit A),
or that alters the integrity or maintainability of the Improvements or its components. Major
modifications of the permitted plans (Exhibit A) prior to commencement of construction,
that concern the Improvements, shall be submitted to the City for review. The City will
review the modifications within a reasonable time schedule, and manner, to be determined
by the Department, in order to avoid delay to the Department's construction contract. In the
event that any major modifications to the permitted plans are required during construction,
the Department shall be entitled to proceed with the modifications that are necessary to
complete the construction of the Project, and shall notify the City of the changes. The City
shall modify the Permit in accordance with the plan modifications and shall accept all the
major modifications that are required to duly complete the Project. It is understood and
agreed that any such changes during construction shall not delay or affect the timely
construction schedule of the Project.
4. The City agrees to fully cooperate with the Department in the construction, reconstruction
and relocation of utilities that are located within the City's right-of-way, if any. Utility
relocations, if any, which may be required by the Department for purposes of the Project,
shall be done in accordance with the Department's guidelines, standards and procedures.
The Department shall submit the proposed Project Utility Relocation Schedule to the City.
Utility relocations, if any, shall be done in accordance with the provisions of Chapter 337,
Florida Statutes.
5. The Parties acknowledges that the Federal funds will be utilized in conjunction with the
Project. Additionally, the Parties acknowledge and agree that the Improvements, while
located in roads not in the State Highway System, will serve S.R. 907/Alton Road as part of
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FM 249911-3-52-01
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the Project, but shall also provide a benefit to the City's stormwater overflow. The Parties
have agreed that the Department shall maintain the following Improvements, along 1Oth
Street and 14th Street, at its sole cost and expense:
a.-36" DIP storm water force main and associated fittings
b-pump station electrical panel and platform structure
c-drainage dissipater structures
d-concrete box culvert outfall.
All subsequent operation, maintenance, reparr, replacement and rehabilitation to these
Improvements shall be borne solely by the Department. It is understood and agreed that the
Department's maintenance, repair, replacement and rehabilitation obligations shall continue
as long as the Department determines, in its sole discretion, that the Improvements are
necessary and required to remain on the City's right-of-way. In the event that the
Improvements shall ever be removed by the Department from the City right-of-way, the
Department's maintenance obligations under this Agreement shall immediately cease.
The Department shall notify the City at least 48 hours before beginning any maintenance,
repair, replacement and rehabilitation within the City's right-of-way. Such notification may
be provided verbally or via email, and the notice requirements set forth in paragraph 20
shall not apply to this paragraph. However, it is understood and agreed that the notice
requirement shall not apply in the event of an emergency that may require immediate repair
to the Improvements, and/or to prevent further damage to the Improvements or the right-of-
way. The City acknowledges and agrees that, for purposes of its maintenance
responsibilities under this Agreement, the Department will only utilize the service of law
enforcement officers when required by the Department's Standard Specifications for Road
and Bridge Construction, and no additional requirements will be imposed.
All other features constructed in conjunction with the Project, within the City's right-of-
way, shall be perpetually maintained by the City, at its sole cost and expense and all
subsequent operation, maintenance, repair, replacement and rehabilitation to the same shall
be borne solely by the City.
To maintain means to perform normal maintenance operations for the preservation of any
improvements or features, which may include but are not limited to, roadway surfaces,
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shoulders, roadside structures, drainage structures and any associated structures, and such
traffic control devices as are necessary for the safe and efficient use thereof.
Additionally, the Parties understand and agree that the Department shall transfer all permits,
not related to the Improvements, to the City, and the City agrees to accept said transfer and
to be fully responsible to comply with all operational and maintenance conditions of the
permits, at its sole cost and expense. Nothing in this Agreement shall be deemed to have
changed or superseded the terms of the Storm Water Pump Stations and Pollution Control
Structures Maintenance Memorandum of Agreement and/or the Landscape and Irrigation
Bonded Aggregate Paving Maintenance Memorandum of Agreement, entered into by the
Department and the City for the maintenance of certain features of the Project and/or
landscaping features in accordance with the referenced agreements between the Parties.
Notwithstanding the requirements hereof, maintenance during construction shall be the
responsibility of the Department and its Contractor, as set forth in paragraph 9 of this
Agreement.
6. The Parties acknowledge and agree that the City's right-of-way shall remain under the
ownership of the City and, except as to the Improvements, any other features or Project
improvements located within City's right-of-way will remain under the ownership of the
City. The Parties agree and acknowledge, however, that the Department shall retain
ownership and control of the Improvements constructed and installed pursuant to this
Agreement, and the City shall grant a permanent easement to the Department for purposes
of the construction, installation, control, maintenance, repair and replacement of the
Improvements, pursuant to the terms of this Agreement, and the City shall not impose any
further requirements for such purposes.
7. The Department shall require its construction Contractor to maintain, at all times during
the construction, regular Contractor's Public Liability Insurance providing for a limit of not
less than $1,000,000 for all damages arising out of bodily injuries to, or death of, one
person and, subject to that limit for each person, a total limit of $5,000,000 for all damages
arising out of bodily injuries to, or death of, two or more persons in any one occurrence;
and regular Contractor's Property Damage Liability Insurance providing for a limit of not
less than $50,000 for all damages arising out of injury to, or destruction of, property in any
one occurrence and, subject to that limit per occurrence, a total or aggregate limit of
$100,000 for all damages arising out of injury to, or destruction of, property during the
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policy period; or such other minimum insurance coverage that may be required by the
Department for construction ofthe Project, in accordance with the Department's standards
and specifications. The Department shall further cause its Contractor to name the
Department as additional insured on the afore-stated policies, and to name the City as
additional insured on the afore-stated policies with regards to activities performed within
the City's right-of-way. The Department shall also require its Contractor to provide
evidence of Workers' Compensation Insurance in accordance with the laws of the State of
Florida and in amounts sufficient to secure the benefit of the Florida Workers'
Compensation law for all employees.
8. The Department shall notify the City at least 48 hours before beginning construction within
the City's right-of-way. Such notification may be provided verbally or via email, and the
notice requirements set forth in paragraph 20 shall not apply to this paragraph.
The Department agrees that the City may, at reasonable times during the construction of the
Improvements and with regards to the Project limits located within City right-of-way,
inspect the Contractor's construction site and perform such tests as are reasonably
necessary to determine whether the goods or services required to be provided by the
Contractor, pursuant to the Contractor's Construction Agreement with the Department,
conform to the terms of said Construction Agreement. Upon request by the City, the
Department shall coordinate with its Contractor to provide access to the City for
performance of said inspections.
9. Maintenance of the Improvements during construction shall be the responsibility of the
Department's Contractor. Upon completion of the Project, the Department shall issue a
Notice of Final Acceptance to the Contractor and shall provide a copy of said notice to the
County. As ofthe date ofthe Notice of Final Acceptance, the County shall be immediately
responsible for its maintenance obligations under this Agreement. The Department shall
also have the right to assign interim maintenance responsibility to the County for specified
portions of the Project before the issuance of the Notice of Final Acceptance. Said
assignment of maintenance responsibility shall be sent by the Department to the County in
writing with sufficient description to place the County on notice of the interim maintenance
responsibility and shall comply with the notice requirement in paragraph 20 of this
agreement.
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Notwithstanding the issuance ofthe Notice of Final Acceptance, the Department shall have
the right to assure completion of any punch list by the Contractor. Upon completion of all
work related to construction of the Project, the Department shall submit to the County fmal
as-built plans and an engineering certification that construction was completed in
accordance with the permitted plans. Additionally, the Department shall vacate the
County's right-of-way by removing the Department's property, machinery, and equipment
from the County's right-of-way. Furthermore, the Department shall restore those portions
of the County's right-of-way disturbed by Project construction activities to substantially the
same condition that existed immediately prior to commencement of the construction of the
Project.
10. This Agreement shall become effective as of the date both Parties hereto have executed the
agreement and shall continue in full force and effect until the Project is completed, as
evidenced by the Department's issuance ofNotice of Final Acceptance.
Prior to commencement of construction, the Department may, in its sole discretion,
terminate this agreement if it determines that it is in the best interest of the public to do so.
If the Department elects to terminate this Agreement, the Department shall provide formal
notice of termination to the City, in accordance with the provisions set forth in paragraph 22
of this Agreement.
11. In the event that any election, referendum, approval or permit, notice or other proceeding,
or authorization is required to carry out the Project, the City agrees to expeditiously initiate
and consummate, as provided by law, all actions necessary with respect to any such
matters, with time being of the essence.
12. During the construction work related to the Project, the City shall cooperate fully with any
such work being performed by the Department and the Department's contractors. The City
shall not commit or permit any act which may delay or interfere with the performance of
any such work by the Department or any Department contractor unless the Department
agrees in writing that the City may commit or permit said act.
13. This Agreement shall be governed by the laws of the State of Florida in terms of
interpretation and performance. Venue for any and all actions arising out of or in any way
related to the interpretation, validity performance or breach of this Agreement shall lie
exclusively in a state court of appropriate jurisdiction in Leon County, Florida
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14. The Parties acknowledge and agree that the Project shall be constructed using Federal funds
and that all costs incurred must be in conformity with applicable Federal and State laws,
regulations, and policies and procedures.
15. The Department's performance and obligations under this Agreement are contingent upon
an annual appropriation by the Legislature. If the Department's funding for this Project is
in multiple fiscal years, funds approval from the Department's Comptroller must be
received each fiscal year prior to costs being incurred. Project costs utilizing fiscal year
funds are not eligible for reimbursement if incurred prior to funds approval being received.
16. In the event that this Agreement is in excess of$25,000, and the agreement has a term for a
period of more than one year, the provisions of Section §339.135(6)(a), Florida Statutes, are
hereby incorporated into this agreement and are as follows:
The department, during any fiscal year, shall not expend money, incur any
liability, or enter into any contract which, by its terms, involves the
expenditure of money in excess of the amounts budgeted as available for
expenditure during any such fiscal year. Any contract, verbal or written,
made in violation of this subsection is null and void, and no money may be
paid on such contract. The department shall require a statement from the
comptroller of the department that funds are available prior to entering
into any such contract or other binding commitment of funds. Nothing
herein contained shall prevent the making of contracts for periods
exceeding 1 year, but any contract so made shall be executory only for the
value of the services to be rendered or agreed to be paid for in succeeding
fiscal years; and this paragraph shall be incorporated verbatim in all
contracts of the department which are for an amount in excess of $25,000
and which have a term for a period of more than 1 year.
17. The Department is a state agency, self-insured and subject to the provisions of Section
768.28, Florida Statutes. Nothing in this Agreement shall be deemed or otherwise
interpreted as waiving the Department's sovereign immunity protections, or as increasing
the limits ofliability as set forth in Section 768.28, Florida Statutes.
18. 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.
19. This agreement shall be governed by the laws of the State of Florida. Any provision hereof
found to be unlawful or unenforceable shall be severable and shall not affect the validity of
the remaining portions hereof. Venue for any and all actions arising out of or in any way
related to the interpretation, validity, performance or breach of this Agreement shall lie
exclusively in a state court of appropriate jurisdiction in Leon County, Florida.
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20. No term or provision of this Agreement shall be interpreted for or against any party because
that party's legal counsel drafted the provision.
21. All Department Vendors/Contractors:
a) shall 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
b) shall 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.
22. All notices, requests, demands, or other communications required or provided for under this
Agreement shall be in writing and shall be delivered in one of the following manners:
personally, via express mail service or mailed by first-class, certified mail, postage prepaid,
return receipt requested. Any notice, request, demand, or other communication made
pursuant to this paragraph shall be deemed to have been received by the addressee at the
earlier of such time as is actually received or seven (7) calendar days after it is mailed.
Unless otherwise notified in writing, notices shall be addressed and sent as follows:
To the City:
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Attention: City Manager
To the Department:
Director of Transportation Operations
State of Florida, Department of Transportation
1000 N.W. 111th Avenue,
Miami, Florida 33172
A party may change the address to which such communications are to be directed by giving written
notice to the other party in the manner provided in this paragraph.
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IN WITNESS WHEREOF, the parties hereto have executed this agreement on the dates exhibited, by
the signatures below.
CITY OF MIAMI BEACH STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
By: ____________________ __ By: ____________________ _
Name: Name:
Title: Title: Director of Transportation Operations
Dme: ____________________ _ Dme: ____________________ _
Attest: __________________ _
By:
Title:
Legal Review: Legal Review:
<J~~ ~--~o-m-e~--\tv-"<-_-}u---rG By: ____________________ __
District VI, Office of the General Counsel
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