C7O-Execute Locally Funded Agmt A1A-Collins Ave Project From 5th Street To LincCOMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Approving
And Authorizing The Mayor And City Clerk To Execute A Locally Funded Agreement In The Amount
Of $126,530, And A Maintenance Memorandum Of Agreement, With The Florida Department Of
Transportation, For The Construction And Maintenance Of Proposed Decorative Pedestrian
Crosswalks And Embedded Sidewalk Pavers With Street Names, As Part Of The State Road
A1A/Collins Avenue Project, From 5th Street To Lincoln Road.
Key Intended Outcome Supported:
Enhance mobility throughout the Clty.
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:
The Florida Department of Transportation (FOOT) is planning construction improvements on Collins
Avenue/State Road (S.R.) fo,1A from 5th Street to Lincoln Road (Project). Construction is scheduled to
begin in April2013, and construction is anticipated to end on January 9, 2014. The Project will include
roadway milling and resurfacing, restriping, sidewalk/curb and gutter reconstruction, new bulb-outs,
attached mid block bulb-outs, drainage improvements, decorative lighting, landscaping, irrigation, and
bonded aggregate improvements. The estimated cost of the project is $5.8 million.
On July 18, 2012, per Resolution No. 2012-27954, the City Commission approved various agreements
for roadway and pedestrian enhancements requested by the Collins Improvement Association (CIA) to
improve the quality of life and aesthetics along this corridor. More recently, the City and the CIA have
requested FOOT include additional enhancements in the Project scope to improve the aesthetics and
quality-of-life of this important commercial corridor. The enhancements include decorative crosswalks
and embedded street name sidewalk pavers.
These enhancements will require FOOT to execute additional agreements with the City for the
construction and maintenance of the proposed improvements which are considered above and
beyond the standard improvements typically implemented as part of standard FOOT roadway
improvement projects. These additional improvements carry an additional cost to the City of
$126,530.00. However, partial funding for this project ($1 07,973) is available from a previously
appropriated capital project for this purpose-Crosswalk-Phase II -with funding provided by People's
Transportation Plan (PTP}. Additional funding ($18,557) will be provided from the FY2012/13
Crosswalk-Phase II budget appropriation included in the FY2012/13 Proposed Capital Budget.
THE ADMINISTRATION RECOMMENDS APPROVAL OF THE RESOLUTION.
Advisory Board Recommendation:
IN/A
Financial Information:
Amount
$ 107,973
$ 18,557
$1 26,530
MIAMI BEACH
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AGENDA lTEM _C--'--"'----
IJATE f -12-/)-
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: Kathie G. Brooks, Interim City Manager
DATE: September 12, 2012
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK
TO EXECUTE A LOCALLY FUNDED AGREEMENT IN THE AMOUNT OF $126,530,
AND A MAINTENANCE MEMORANDUM OF AGREEMENT, WITH THE FLORIDA
DEPARTMENT OF TRANSPORTATION, FOR THE CONSTRUCTION AND
MAINTENANCE OF PROPOSED DECORATIVE PEDESTRIAN CROSSWALKS AND
EMBEDDED SIDEWALK PAVERS WITH STREET NAMES, AS PART OF THE STATE
ROAD A1AICOLLINS AVENUE PROJECT, FROM 5TH STREET TO LINCOLN ROAD.
ADMINISTRATION RECOMMENDATION
The Administration recommends approving the Resolution.
FUNDING
Funding for this project is currently available from a previously appropriated capital project for this
purpose -Crosswalk Phase II -with funding provided by half-cent transit surtax funds (People's
Transportation Plan (PTP)). Additional funding will be provided by the Crosswalk Phase II Project in
FY 12/13.
BACKGROUND
The Florida Department of Transportation is planning construction improvements on Collins
Avenue/State Road (S.R.) A 1A from 51h Street to Lincoln Road (Project). Construction is scheduled
to begin in April 2013, and construction is anticipated to end on January 9, 2014. The Project will
include roadway milling and resurfacing, restriping, sidewalk/curb and gutter reconstruction, new
bulb-outs, drainage improvements, decorative lighting, landscaping, irrigation, and bonded
aggregate improvements.
The City has been collaborating with the Collins Improvement Association (CIA) for some time to
ensure the FOOT project includes certain aesthetic improvements that will serve to improve the
quality-of-life of this important commercial corridor. As a result of the CIA's involvement, the scope
of the Project has increased from a simple milling and resurfacing project with little pedestrian
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Commission Memorandum -FOOT Agreements for Collins Avenue from 51h Street to Lincoln Road
September 12, 2012
Page 2 of 3
enhancements to a $5.7 million project with decorative lighting, landscaping, irrigation, and attached
mid-block bulb-outs. On July 18, 2012, per Resolution No. 2012-27954, the City Commission
approved a Locally Funded Agreement with FOOT to fund these enhancements with an estimated
cost of $400,486 to the City.
As an additional request of the CIA, the City has coordinated with FOOT to include further aesthetic
improvements and pedestrian enhancements into the project scope. The new requests of the CIA
include the construction of decorative pedestrian crosswalks using stamped asphalt and the
placement of embedded street name pavers on the sidewalks at each intersection corner throughout
the project. The City Administration strongly believes that the additional requested enhancements
will improve the aesthetics and livability of the Collins Avenue corridor as well as the safety of
pedestrians traveling along the corridor. In addition, the proposed enhancements are consistent with
previous FOOT projects in the City, such as SR 934/71 51 Street Project from East Bay Drive to
Collins Avenue and SR A1A/51h Street Project from West Avenue to Collins Avenue.
FOOT is requiring that the City execute agreements for the construction and maintenance of the
above proposed enhancements, as they are considered above and beyond the standard
improvements typically implemented as part of standard FOOT roadway improvement projects.
These additional enhancements will have a cost of $126,530 to the City. Funding in the amount of
$107,973.53 is available from a previously appropriated capital project for this purpose: Crosswalk
Phase 11-to install and/or maintain pedestrian crosswalks at intersections in the South, Middle, and
North Beach neighborhoods -with funding provided by half-cent transit surtax funds (People's
Transportation Plan (PTP)). Additional funding in the amount of $18,556.47 will be provided by the
Crosswalk Phase II Project in FY 12/13, leaving $81 ,443.53 balance to maintain existing pedestrian
crosswalks.
ANALYSIS
The City of Miami Beach considers Collins Avenue to be a primary north-south arterial and important
gateway corridor serving the mobility needs of residents and visitors. As such, the City and the CIA
have requested FOOT include enhancements in the Project scope which are considered over and
above the standard FOOT roadway improvements.
It is important to note that FOOT typically does not include non-standard improvements and
enhancements in the scope of its roadway projects unless specifically requested by the municipality
wherein the project is located. When such a request is made, the municipality is typically responsible
for the capital and maintenance costs associated with the implementation of the non-standard
improvements and enhancements as part of the FOOT project. Further, Memoranda of Agreements
(MOA) and Locally Funded Agreements (LFA) are required by FOOT in order to fund the
construction costs associated with the non-standard improvements as part of an FOOT project.
Execution of the additional Agreements (Attachments A-C) between FOOT and the City is required
in order to implement the decorative pedestrian crosswalks and the placement of embedded street
name sidewalk pavers as part of this Project.
Locally Funded Agreement (LFA)
At the request of the CIA, the City has requested that decorative pedestrian crosswalks and the
placement of embedded street name sidewalk pavers be installed as part of the Project. FOOT has
agreed with the City's request and requires that the City funds the cost for installation of the
aforementioned enhancements through the execution of a Locally Funded Agreement (LFA). The
LFA provides that FOOT, through its contractor, will install the additional enhancements along
307
Commission Memorandum -FDOT Agreements for Collins Avenue from 51h Street to Lincoln Road
September 12, 2012
Page 3 of 3
Collins Avenue from 5th Street to 16th Street as part of the Project. Pursuant to the LFA, the City's
contribution is $126,530.00.
Crosswalks and Embedded Pavers Maintenance Memorandum of Agreement (MMOA)
FOOT requires that the City enter into a Maintenance Memorandum of Agreement (MMOA) for the
maintenance of the proposed decorative crosswalks and embedded sidewalk pavers requested by
the City and constructed as part of the Project. FOOT will install decorative crosswalks and
embedded sidewalk pavers in accordance with the design plans and the City will be responsible for
the maintenance of said enhancements on the FOOT right-of-way.
CONCLUSION
The Administration has determined that the State Road A1A/Collins Avenue Project with the
additional requested pedestrian enhancements is in the best interest of the City as it will 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. Crosswalks and Pavers Maintenance Memorandum of Agreement (MMOA)
JGG/FHB/JJF/RWS/JRG/JFD
T:\AGENDA\2012\9-12-12\FDOT AGREEMENTS FOR COLLINS AVENUE FROM 5TH STREET TO LINCOLN ROAD
308
FUNDED (hereinafter 'Agreement') is made and entered into
this _ day of -------' 20 , between the MIAMI a municipal
corporation of the State of Florida, hereinafter referred to as the 'CITY', and the
OF a component agency of the State of
Florida, hereinafter referred to as the 'DEPARTMENT'.
CITY jurisdiction over and maintains State Road (S.R.) AlA/Collins
A venue corridor within the corporate limits of the CITY; and
WHEREAS, the CITY has requested the DEPARTMENT to install or cause to be installed
stamped asphalt crosswalks and street name pavers to various intersections along S.R. AlA/Collins
A venue from 5th Street to 16th Street; and
the D EP AR TMENT has agreed to install or cause to be installed stamped
asphalt crosswalks and street name pavers to various intersections along S.R. AlA/Collins Avenue
from 5th Street to 16th Street, subject to the terms and conditions detailed in this Agreement; and
\VHEREAS, the CITY shall fund the increased costs, under financial project number
250236-3-52-03, associated with the installation of the stamped asphalt crosswalks and street name
pavers on S.R. AlA/Collins Avenue, from 5th Street to 16th Street, 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.
Beach
the Florida
309
NOW, 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. The Recitals to this Agreement are true and correct and are incorporated herein
by reference and made a part hereof.
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:
1. shall 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. 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 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.
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(d) The CITY will provide funding to the DEPARTMENT, in the aggregate amount of
ONE HUNDRED T\VENTY SIX THOUSAND FIVE HUNDRED THIRTY
DOLLARS ($126,530.00), 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.
Financial Provisions.
(a) The CITY agrees that it will, no later than the ih of October 201 fumish the
DEPARTMENT an advance deposit in the amount of ONE HUNDRED TWENTY
SIX THOUSAND FIVE HlJNDRED THIRTY DOLLARS ($126,530.00) for full
payment of the estimated PROJECT cost for Locally Funded project number 250236-
3-52-03. The advance deposit shall be the total estimated PROJECT cost plus
allowances. The DEPARTN1ENT may utilize this deposit for payment of the costs of
the PROJECT.
(b) If the accepted bid amount plus allowances is in excess of the 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
and
311
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 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 ofthc 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 total PROJECT costs, the CITY will be notified by
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 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.).
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(e) The DEPARTMENT intends to have its final and complete accounting of all costs
incurred in com1ection 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 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 ofthc 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 tem1s 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 ofthe invoice from the DEPARTMENT. The CITY agrees to pay
interest at a rate as established pursuant to Section
within forty ( 40) calendar days until the invoice is paid.
F.S., on any invoice not 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 of Treasury.
and the Florida 250236-3-52-03
313
4.
(h) Nothing in this Agreement shall be construed to violate the provisions of Section
339.135(6)(a), Florida Statutes, which provides as follows:
by the
"The Department during any i1scal 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, 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 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."
Agreement. This Agreement shall become effective upon execution
and the DEPARTMENT and as ofthe date set forth on page one (1) hereof.
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. 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.
and the Florida
314
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
(b) If to the DEPARTMENT:
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Attention: Jose Gonzalez, Transportation Manager
Florida Department of Transportation
1 000 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 arc to be sent by giving
notice of such change of address in conformity with the provisions of this paragraph for the
giving of notice.
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.
unuu.~ 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 ofthis 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.
and
315
11. 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.
Nothing in this Agreement, express or implied, is
intended to (a) confer upon any entity or person other than the parties and their pennitted
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 tenns 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 tenn of this Agreement or
arising from or relating to this Agreement shall lie exclusively in Miami-Dade County,
Florida.
Beach
and the Florida
316
WITNESS the parties hereto have made and executed this Agreement on
the day and year first above written, the ClTY OF MIAMI BEACH, 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.
BY: BY:
ATTEST:
(SEAL) CITY CLERK (SEAL) EXECUTIVE SECRETARY
DISTRICT CHIEF COUNSEL
Page 9 ofl2
Locally Funded Agreement between the City of Miami Beach
and the Florida Department of Transportation, Financial Project Number 250236-3-52-03
317
'A'
OF
The PROJECT work consists of constructing improvements consisting of stamped asphalt crosswalks
and street name pavers installation at various intersections along ALA/Collins A venue from 5th
Street to 16th Street in the CITY. The locations of the crosswalks are on S.R. AlAJCollins Avenue
and:
6th Street (west, east and north legs)
7th Street (all four legs)
81h Street (all tour legs)
91h Street (all tbur legs)
101h Street (all four legs)
I 11h Street (all four legs)
l21h Street (all four legs)
l31h Street (all four legs)
14th Street (all four legs)
Espanola Way (T-Intersection, all three legs)
15th Street (T-Intersection, all three legs)
PROJECT LIMITS: S.R. AlA/Collins Avenue from 5th Street to 16th Street
DEPARTMENT Financial Project Number: 250236-3-52-03
COUNTY: Miami-Dade
DEPARTMENT Project Manager: Heidi Solaun-Dominguez, P.E. 305-470-5282
CITY Project Manager: Jose Gonzalez, Transportation Manager 305-673-7080 Ext. 6768
and
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EXHIBIT 'B'
FINANCIAL
The DEPARTMENT's Work Program allocates the following funding, programmed under Financial
Project Number 250236-3-52-03, for PROJECT completion:
Fiscal Year: Amount: Fund Type:
2012/2013 $126,530.00 Local Funds (LF)
CITY OF MIAMI BEACH FINANCIAL RESPONSIBILITY: $ 126 530.00
Beach
and the Florida Number 250236·3·52·03
319
To be attached hereto and incorporated herein once ratified by the CITY Commission.
320
WITH
OF MIAMI
This AGREEMENT, entered into on 20 __ , by and
between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an
agency of the State of Florida, inafter 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.)
AlA/Collins Avenue, from 5 th Street (M.p. 3.676) to 16th
Street (M.p. 4.66), which is located within the limits of
the CITY; and
B. The DEPARTMENT, pursuant to Contract # T-6294, has drafted
design plans for improvements on S. R. AlA/Collins Avenue,
from 5th Street to 16th Street, 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 stamped asphalt ('Pattern
Pavement 1
)
with the
"Project 11
) i
crosswalks and street name pavers in accordance
design plans for Contract # T-6294 (the
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 Pattern Pavement crosswalks and
street name pavers installed pursuant to the Project; and
E. The CITY,
attached
become a
AGREEMENT
by Resolution No. dated
as Exhibit 'B I f which by
part of this AGREEMENT, desires to
and authorizes its officers to do
Maintenance Memorandum of Agreement
between Florida Department of Transportation and City of Miami Beach
Pagel of 13
321
reference
enter into
80.
l
this
NOW, THEREFORE, for and in
benefits contained herein and
consideration, the parties covenant
consideration of the mutual
other good and valuable
and agree as follows:
1. RECITALS
The recitals in
are incorporated
hereof.
2. DEPARTMENT
this AGREEMENT are true and
herein by reference and
correct,
made a
and
part
The PARTIES agree that all maintenance responsibilities
pertaining to the Pattern Pavement crosswalks and street
name pavers 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 Pattern Pavement crosswalks and
street name pavers 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 Pat tern
Pavement crosswalks and street name pavers in accordance
with the 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 lude but not be limited
to:
3.1 Pattern Pavement Crosswalks:
a) Within sixty (60) days of final acceptance by the
DEPARTMENT, all lanes of each patterned crosswalk
shall be evaluated for surface friction. The
friction test shall be conducted using either a
locked wheel tester in accordance with FM 5-592
(Florida Test Method for Friction Measuring Protocol
for Patterned Pavements) or a Dynamic ction
Tester in accordance with ASTM El9ll. FM 5-592 can
Maintenance Memorandum of Agreement
between Florida Department of Transportation and City of Miami Reach
Page 2 of 13
322
be accessed at the following link:
The initial friction resistance shall be at least
thirty five (35), obtained at 40 mph with a ribbed
tired test (FN40R) or equivalent. lure to
achieve this minimum resistance shall re all
deficient crosswalk areas to be removed to their
full extent (lane-by-lane) and replaced with the
same quality product installed init ly. If the
DEPARTMENT determines that more than fifty percent
(50%) of the lanes in the intersection require
replacement, the entire intersection may be
reconstructed with a different product on the
Qualified Products List (QPL) or replaced with
conventional pavement.
b) One (1) year after the final acceptance/ and every
two (2) years therea for the life of the
patterned crosswalk, only the outside traffic lane
areas of each patterned crosswalk shall tested
for friction resistance in accordance with ASTM E274
or ASTM E1911. Friction resistance shall 1 at a
minimum, have a FN40R value of thirty five (35) (or
equivalent) .
Failure to achieve minimum friction resistance shall
require all lanes of the crosswalk to be friction
tested to determine the extent of the deficiency.
All deficient areas shall be removed to their full
extent (lane-by-lane) and replaced with the same
product installed initially. If more than fifty
percent (50%) of the lanes in the intersection
require replacement, the entire intersection
installation may be reconstructed with a different
product on the QPL.
c) When remedial action is required in accordance with
the above requirements/ the CITY shall complete all
necessary repairs at its own expense within ninety
(90) days of the date the deficiency is identifi
No more than two (2) full depth patterned pavement
repairs 1 be made to an area without f t
Maintenance Memorandum of Agreement
between Florida Department of Transportation and City of Miami Beach
Page 3 of 13
323
resurfacing the pavement to one inch (1") minimum
depth.
d) In addition to the requirements stated above, the
CITY shall conduct annual condition surveys of the
patterned pavement rutting, raveling, pot holes,
delamination and cracking for the li of the
patterned pavement.
Unless the pavement adjacent to the crosswalk is
also ing adjacent pavement rutting
defic ies, rutting depth of the patterned
pavement shall not 0.25 inches or more than
25 square inches in area. Remedial work shall
include the full depth removal of the patterned
pavement across the l width of the lane and
crosswalk.
Unless the pavement adjacent to the crosswalk is
also experiencing cracking deficiencies, cracking
width of the patterned pavement shall not exceed 1/8
of an inch for more than 10 in any lane of the
crosswalk. Remedial work shall as a
minimum, the l. depth removal of
pavement along the complete length of
and the width recommended by the manufacturer.
e) The results of all ction tests and condition
surveys shall be sent to District's Warranty
Coordinator with a cover letter either certifying
that the crosswalks comply with the above stated
requirements, or what al action will be taken
to restore the friction and/or integrity of the
crosswalk area.
f) DEPARTMENT will not be responsible for replacing
the treatment lowing any construction activities
in the vicinity of the treatment.
g) The DEPARTMENT will not be responsible for replacing
the treatment following any construction activities
in the vic ty of the treatment.
h) The CITY shall sweep the Pattern Pavement
surfaces periodically to keep them
Maintenance Memorandum of Agreement
between Florida Department of Transportation and City of Miami Beach
Page 4 of l3
324
crosswalk
debris
and to mainta an aesthetically pleasing condition.
A light pressure washing may necessary for heavy
sta removal or cleaning.
3.2 Street Name Pavers:
a) The CITY shall conduct annual condition surveys of
the pavers for gaps, settlement, drop-offs, and
other deficiencies for the life of the sidewalk.
b) Gaps within the pavers shall not exceed a quarter
of an inch (0.25").
c) Differential settlement within the pavers l not
exceed a quarter of an inch (0.25") in depth.
d) When remedial action is required in accordance with
the above requirements, the CITY at its own expense
shall complete all necessary rs within ty
(90) days of the date the deficiency is identified.
The CITY shall submit all ces 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 Pattern Pavement crosswalks and
street name pavers to ensure that the CITY is performing
its dut s pursuant to this AGREEMENT. The DEPARTMENT shall
share with the CITY its inspection findings, and may use
findings as the basis its decisions regardlng
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.
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 CITY of the maintenance ficiencies. From the
Maintenance Memorandum of Agreement
between Florida Department of Transportation and City of Miami Beach
Page 5 of 13
325
date of receipt of the notice, the CITY shall have a
of thirty (30) calendar days/ within which to correct
ci deficiency or ficiencies. Receipt is determined in
accordance with Section 5 this AGREEMENT.
If said
period,
follows:
deficiencies are not
the DEPARTMENT may/
corrected within
at its option,
this t
proceed as
a) Maintain the Pattern Pavement crosswalks and street
name pavers, or a part thereof and invoice the CITY
for expenses incurred; or
b) Terminate this Agreement in accordance with Section 7 1
remove any or all the Pattern Pavement crosswalks and
street name pavers located within the PROJECT LIMITS 1
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 writing and l 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
To the CITY:
Attn: District Maintenance
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Attention: ty 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.
Maintenance Memorandum of Agreement
between Florida Department of Transportation and City of Miami Beach
Page 6 of 13
326
a) The Part s agree the Pattern Pavement crosswalks
and street name pavers 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
Pattern Pavement crosswalks and street name pavers,
the CITY'S maintenance responsibilities will survive
the relocation or adjustment, as long as the mat als
remain within the PROJECT LIMITS.
7 . TERMINATION
This AGREEMENT is subject to termination under any one of
the following conditions:
a) By the DEPARTMENT, if the CITY f ls to perform its
duties under Section 3 of this AGREEMENT, lowing
the thirty (30) days written notice, as specified in
Section 4 of this AGREEMENT.
b) In accordance with Section 287.058 (1) (c) 1 Florida
Statutes 1 the DEPARTMENT shall reserve the right to
unilaterally cancel this AGREEMENT if the CITY refuses
to allow public access to any or l documents,
papers, letters, or other materials made or rece
c)
by the CITY pertinent to this AGREEMENT which are
subject to provisions of Chapter 119, of Florida
Statutes.
If mutually agreed to by both
(30) days advance notice. An
shall be valid only if made in
with the same formalities as this
upon thirty
to terminate
writing and executed
AGREEMENT.
8. TERMS
a)
b)
The effective date of
upon execution by the
continue in perpetuity
forth in Section 7.
this AGREEMENT shall commence
PARTIES . s AGREEMENT shall
or until termination as set
For purposes of performing its dut
Maintenance Memnnmdum of Agreement
between Florida Department of Transportation and City of Miami Beach
Page 7 of l3
327
under this
AGREEMENT, the CITY shall insert the following
into any contracts entered into by the CITY,
vendors or contractors:
Vendors/Contractors:
a use
with
i. Shall utilize the U.S Department of Homeland
Security's E-Verify system to verify the
employment eligibility all new employees
hired by the vendor/contractor during
term of the AGREEMENT; and
ll. 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 all new employees hired by the
subcontractors during the AGREEMENT term.
c) This writing embodies the entire agreement and
understanding between the parties hereto and there are
no other agreements and understanding, oral or
written, with reference to the subject matter hereof
d)
that are not merged in and superseded hereby.
This AGREEMENT shall not be
in whole or in part, without
of the DEPARTMENT.
transferred or assigned,
prior written consent
e) This AGREEMENT shall be governed by and constructed in
accordance with the laws of the State of Florida. Any
provisions of this AGREEMENT found to be unlawful or
unenforceable shall be severable and shall not affect
the validity of the remaining portions of the
AGREEMENT.
f)
g)
actions arising out
interpretation,
of this AGREEMENT
of or in
validity,
shall lie
Venue for any and all
connection to the
performance or breach
exclusively in a state
Leon County, Florida.
court of proper jurisdiction in
A modification or waiver
this AGREEMENT shall be
of any of the
effective
Maintenance Memorandum of Agre~ment
between Florida of Transportation and of Miami
8 of !3
328
of
h)
i)
writing and executed with the same formality as this
agreement.
section headings contained in
reference purposes only and
meaning or interpretation hereof.
s AGREEMENT
l not affect
No term or
interpreted
Party or
provision.
provision of this AGREEMENT shall
for or against either Party because
its legal representative drafted
are
the
be
the
the
j) DEPARTMENT is a state agency 1 self-insured and
subject to the provisions of Section 768.28 1 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 increas the limits of
liabili 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, penalt s, costs, damages, judgments, claims,
demands, liabilities, attorneys fees, (including regulatory
and appellate fees) , and suits of any nature or kind
whatsoever caused by, arising out of, or related to the
CITY's exercise or attempted exercise of its
responsibilities as set out in this AGREEMENT, including
but not limited to, any act, action, neglect or omission by
the CITY, its officers, agents, employees or
representatives in any way pertaining to this agreement,
whether rect or indirect, except that neither the CITY
nor any of its officers/ agents, employees or
representatives will be liable under this provision for
damages sing 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, or at the DEPARTMENT's option,
Maintenance Memorandum of Agreement
between Florida Department ofTmnsportalion and of Miami
9 of 13
329
to participate and associate with the DEPARTMENT ln the
defense and trial of any claim and any related settlement
negotiat 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 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 ease the
CITY of the above duty to defend and indemnify the
DEPARTMENT.
The CITY shall pay all costs and s at to this
obligation and its enforcement by the DEPARTMENT. The
indemnification provisions of this section shall survive
termination or expiration of this AGREEMENT, but only with
respect to those claims that arose from acts or
circumstances which occurred prior to termination or
expiration of this AGREEMENT.
The CITY's evaluation of liability or its inability to
evaluate liability shall not excuse the CITY's duty to
defend and indemnify the DEPARTMENT under the provisions of
this section. Only an adjudication or judgment, after the
highest appeal is exhausted, specifi ly finding the
DEPARTMENT was solely negligent shall excuse performance of
this provision by the CITY.
Maintenance Memorandum of Agreement
between Florida Department of Transportation and City of Miami Beach
Page 10 of 13
330
IN WITNESS WHEREOF, the parties hereto have caus these
presents to be executed the day and year first above written.
CITY OF MIAMI BEACH:
CITY Mayor
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION:
District Director of
Transportation Operations
ATTEST: __________________ (SEAL) ATTEST: ____________________ __
CITY Clerk Execut
LEGAL REVIEW:
Maintenance Memorandum of Agreement
between Florida Department of Transportation and City of Miami Beach
Page 11 of 13
331
Secretary
ef Counsel
EXHIBIT 'A'
PROJECT LIMITS
Below are the limits
street name pavers to
of Pattern Pavement crosswalks
maintained under this AGREEMENT.
State Road Number: S.R. AlA/Collins Avenue
Agreement Limits: From 5th Street (M.P. 3.676} to 16th Street
(M.P. 4. 66}
County: Miami-Dade
The locations of the crosswalks are on S.R. AlA/Collins Avenue
and:
6th Street (west, east and north legs)
7th Street (all four legs)
gth Street (all four legs)
gth Street (all four legs)
lOth Street (all four legs)
11th Street (all four legs)
12th Street (all four legs)
13th Street (all four legs)
14th Street (all four legs)
Espanola Way (T-Intersection, all three legs)
15~ Street (T-Intersection, l three legs)
Maintenance Memorandum of Agreement
between Florida Department of Transportation and City of Miami Beach
Page 12 of 13
332
and
EXHIBIT 'B'
CITY OF MIAMI BEACH RESOLUTION
To be herein incorporated once ratified by
Commissioners.
Main!cmmce Memorandum Agreement
CITY Board of
between Florida Department ofTnmsportation am! of Miami Reach
of l3
333
RESOLUTION TO BE SUBMITTED
334