C7M-Execute MOA w- FDOT Hardscape Improvements Of Collins Avenue And Lincoln RoaCOMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Authorizing The
Mayor And City Clerk To Execute A Maintenance Memorandum Of Agreement With The Florida
Department Of Transportation (FOOT) For The Maintenance Of Hardscape Improvements At The West
Side Of The Intersection Of Collins Avenue And Lincoln Road Related To Right Of Way Infrastructure
Improvement Proqram City Center Neighborhood #9C (Lincoln Road) Project.
Kev Intended Outcome Supported:
Ensure Value and Timely Delivery of Quality Capital Projects, Improve Storm Drainage Citywide,
and Maintain City's Infrastructure.
Supporting Data (Surveys, Environmental Scan, etc.): The 2012 Customer Satisfaction Survey
indicated that over 81 % of residents rated recently completed capital improvement projects as
"excellent" or "good".
Issue:
I Shall the Mayor and City Commission Adopt The Resolution?
Item Summary/Recommendation:
The ROW Infrastructure Improvement Program City Center Neighborhood# 9C Project is to provide for
the restoration and enhancement of streetscapes and infrastructure consisting of: potable water, storm
drainage, hardscape, landscaping, irrigation and lighting systems. On November 17, 2010, the City
Commission approved the award of the construction contract to M. Vila & Associates, Inc., (M. Vila),
pursuant to Invitation to Bid No. 25-09/10, for Right of Way infrastructure Improvement Program City
Center Neighborhood #9C (Lincoln Road).
On March 17, 2011 and April 27, 2011, Notice to Proceed (NTP) numbers 1 and 2 were issued to M.
Vila, the general contractor for the project, with the anticipated project substantial completion of
September 2011. Notices of delay, Non-performance and intent to terminate were sent to M. Vila, from
June 8, 2011 through May 4, 2012. On July 2012, M. Vila closed its business. On October 2012, the
City entered into an agreement with the bonding company, Sure Tee Insurance Company, to complete
the remaining work.
The project included resurfacing of the Collins Avenue and Lincoln Road intersection and construction
of a brick paver crosswalk on the west side of this intersection. The City is responsible to maintain the
brick paver crosswalk, which is located within FOOT right-of-way. FDOT has required the City to enter
into and execute a Maintenance Memorandum of Agreement (MMOA) (see attached) for maintenance
of the constructed brick paver crosswalk. The MMOA (attached) has been reviewed by City staff and
finalized.
Advisory Board Recommendation:
IN/A
Financial Information:
Source of Amount
Funds:
OBPI
Financial Impact Summary: N/A
Cit Clerk's Office Le islative Trackin
David Martinez, Ext. 6972
MIAMI BEACH
391
Account
AGENDA ITEM _C_7_J\1 __
DATE J.-f.J.-/'f
(9 MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florido 33139, www.miamibeochfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Member
FROM: Jimmy L. Morales, City Manager
DATE: February 12, 2014
SUBJECT: A RESOLUTION OF THE MA OR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AU HORIZING THE MAYOR AND CITY CLERK TO
EXECUTE A MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE
FLORIDA DEPARTMENT OF TRANSPORTATION (FOOT) FOR THE
MAINTENANCE OF HARDSCAPE IMPROVEMENTS AT THE WEST SIDE OF THE
INTERSECTION OF COLLINS AVENUE AND LINCOLN ROAD RELATED TO
RIGHT OF WAY INFRASTRUCTURE IMPROVEMENT PROGRAM CITY CENTER
NEIGHBORHOOD #9C (LINCOLN ROAD) PROJECT.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
FUNDING
No funding is needed.
BACKGROUNG
The ROW Infrastructure Improvement Program City Center Neighborhood # 9C Project is to
provide for the restoration and enhancement of streetscapes and infrastructure consisting of:
potable water, storm drainage, hardscape, landscaping, irrigation and lighting systems. On
November 17, 2010, the City Commission approved the award of the construction contract to M.
Vila & Associates, Inc .. (M. Vila), pursuant to Invitation to Bid No. 25-09/10, for Right of Way
infrastructure Improvement Program City Center Neighborhood #9C (Lincoln Road).
On March 17, 2011 and April 27, 2011, Notice to Proceed (NTP) numbers 1 and 2 were issued
to M. Vila, the general contractor for the project, with the anticipated project substantial
completion of September 2011. Notices of delay, Non-performance and intent to terminate
were sent to M. Vila, from June 8, 2011 through May 4, 2012. On July 2012, M. Vila closed its
business. On October 2012, the City entered into an agreement with the bonding company,
Sure Tee Insurance Company, to complete the remaining work.
This project is ninety (90%) percent complete. The remaining work consists of: milling and
resurfacing the intersection of Lincoln Road and Collins Avenue, and addressing some punch
list work. Collins Avenue is a major arterial roadway; owned and maintained by the Florida
Department of Transportation (FOOT). Any work on their facilities is subject to issuance of a
permit by FOOT.
392
Commission Memorandum -Maintenance Memorandum of Agreement with the Florida Department of
Transportation
Page 2
The project included resurfacing of the Collins Avenue and Lincoln Road intersection and
construction of a brick paver crosswalk on the west side of this intersection. The City is
responsible to maintain the brick paver crosswalk, which is located within FDOT right-of-way.
FOOT has required the City to enter into and execute a Maintenance Memorandum of
Agreement (MMOA) (see attached) for maintenance of the constructed brick paver crosswalk.
The MMOA (attached) has been reviewed by City staff and finalized.
In summary, this project provides the necessary enhancement and beautification for the area.
The brick paver crosswalk provides a roadway infrastructure upgrade with a safe and attractive
pedestrian pathway that is consistent with the neighborhood's Basis of Design Report (BOOR).
CONCLUSION
The Administration recommends that the City Commission authorize the Mayor and City Clerk
to execute a Maintenance Memorandum of Agreement with the Florida Department of
Transportation (FOOT) for the maintenance of hardscape improvements at the west side of the
intersection of Collins Avenue and Lincoln Road related to right of way infrastructure
improvement program City Center Neighborhood #9C (Lincoln Road) project.
Attachment:
Maintenance Memorandum of Agreement (MMOA) with Florida Department of Transportation
(FOOT)
JM/MT/DM/EC
T:\AGENDA\2014\February\CENTER NEIGHBORHOOD #9C (LINCOLN ROAD\City Center 9C-FOOT MMOA memo doc
393
RESOLUTION NO. -----
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE A MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE
FLORIDA DEPARTMENT OF TRANSPORTATION (FOOT) FOR THE
MAINTENANCE OF HARDSCAPE IMPROVEMENTS AT THE WEST SIDE OF THE
INTERSECTION OF COLLINS AVENUE AND LINCOLN ROAD RELATED TO RIGHT
OF WAY INFRASTRUCTURE IMPROVEMENT PROGRAM CITY CENTER
NEIGHBORHOOD #9C (LINCOLN ROAD) PROJECT.
WHEREAS, on November 17, 2010, the City Commission approved the award of the
construction contract to M. Vila & Associates, Inc., pursuant to Invitation to Bid No. 25-09/10, for
Right of Way infrastructure Improvement Program City Center Neighborhood #9C (Lincoln
Road); and
WHEREAS, the Project is 90% complete; except the re-paving of the Collins Avenue
and Lincoln Road intersection; and this work requires obtaining a permit from Florida
Department of Transportation (FOOT); and
WHEREAS, this Project also consisted of construction of a brick paver crosswalk at the
west leg of Lincoln Road and Collins Avenue, and the cross walk has been constructed; and
WHEREAS, FOOT requires execution of a Maintenance Memorandum of Agreement
(MMOA) for the maintenance of the constructed brick paver crosswalk by the City.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby
authorize the Mayor and City Clerk to execute the Maintenance Memorandum of Agreement
and for the Administration to take such actions as are provided for in the Agreement to comply
with its terms.
PASSED AND ADOPTED THIS ___ DAY OF ____ 2014.
ATTEST:
Ralph Granado
CITY CLERK
2);l1H Toi.fl-
Philip Levine
MAYOR
T:\AGENDA\2014\February\CENTER NEIGHBORHOOD #9C (LINCOLN ROAD\City Center Bid Paclage 9C -FOOT MMOA Reso
rev.doc
394
FLORIDA DEPARTMENT OF TRANSPORTATION
DECORATIVE PAVER CROSSWALK
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.
A.
RECITALS:
The DEPARTMENT has jurisdiction
AlA/Collins Avenue/Section 87060,
the limits of the CITY; and
over State Road (S.R.}
which is located within
B. The CITY, pursuant to Construction Agreement # 2013 C 691
13, has drafted design plans for beautification
improvements on S .R. AlA/Collins Avenue/Section 87060 at
Station 85+80, the limits of which are described in the
attached Exhibit 'A' (the PROJECT LIMITS), which by
reference shall become a part of this AGREEMENT; and
C. The CITY will install a decorative paver crosswalk in
accordance with the design plans for Construction Agreement
# 2013 C 691 13(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 decorative paver crosswalk 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.
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
Maintenance Memorandum of Agreement betvveen Florida Department of Transportation and City of Miami Beach
Page 1of10
395
The recitals in this AGREEMENT are true and
are incorporated herein by reference and
hereof.
2. DEPARTMENT RESPONSIBILITIES
correct,
made a
and
part
The PARTIES agree
shall constitute
responsibilities
crosswalk to the
issuance of the
CITY.
that the execution of this AGREEMENT
an assignment of all maintenance
pertaining to the decorative paver
CITY in perpetuity upon the Department's
executed Construction Agreement to the
3. CITY'S MAINTENANCE RESPONSIBILITIES
The CITY shall maintain the decorative paver crosswalk in
accordance with all applicable DEPARTMENT guidelines,
standards, and procedures, which shall include but shall
not be limited to the Maintenance Rating Program Handbook,
as may be amended from time to time. The CITY'S
maintenance obligations shall include but not be limited
to:
a) Sweep the decorative paver crosswalk periodically
to keep it free of debris and to maintain an
aesthetically pleasing condition. A light pressure
washing may be necessary for heavy stain removal or
cleaning.
b) Remove and proper 1 y
decorative pavers.
dispose of litter from
c) Maintain and make repairs to the decorative pavers
to prevent safety hazards for those using or
intending to use the pedestrian crossing.
d) For any routine repairs or replacement due to
noticeable color scarring or surface deterioration
of the crosswalk pavers, the product authorized
installer should be contacted.
e) The CITY shall conduct annual condition surveys of
the pavers for gaps, settlement, drop-offs, and
other deficiencies for the life of the adjacent
pavement.
f) Gaps within the pavers shall not exceed a quarter
(1/4) of an inch.
g) Differential settlement within the pavers shall not
exceed a quarter (0.25) of an inch in depth.
Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach
Page 2 of 10
396
h) Ensure that no edge drop-offs adjacent to the
pavers exist greater than two inches (2") measured
to the adjacent areas. Restored areas must have no
greater than one inch (l") drop-off.
i) When remedial action is required in accordance with
the above requirements, the CITY at its own expense
shall complete all necessary repairs within thirty
(30) days of the date the deficiency is identified
to or by the CITY.
The CITY shall submit all services logs, inspections and
surveys to the DEPARTMENT Warranty Coordinator annually as
required in the above maintenance responsibilities.
The DEPARTMENT may, at its sole discretion, perform
periodic inspection of the decorative paver crosswalk 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.
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 decorative paver crosswalk, 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 the decorative paver crosswalk
Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach
Page 3of10
397
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
with copy to:
1700 Convention Center Drive
Miami Beach, Florida 33139
Attention: City Manager
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Attention: City Public Works Director
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 DECORATIVE PAVER
CROSSWALK
a) The Parties agree that the decorative paver crosswalk
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 decorative paver
crosswalk, the CITY'S maintenance responsibilities
will survive the relocation or adjustment, as long as
the decorative paver crosswalk remains 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 fails to perform its
duties under Section 3 of this AGREEMENT, following the
Maintenance Memorandum of Agn:emcnt between Florida Department of Transportation and City of Miami Beach
Page 4of10
398
thirty (30) days written notice, as specified in
Section 4 of this AGREEMENT.
b) In accordance with Section 287.058(1)c), Florida
Statutes, the DEPARTMENT shall reserve the right to
unilaterally cancel this AGREEMENT if the CITY refuses
to allow public access to any or all documents, papers,
letters, or other materials made or received by the
CITY pertinent to this AGREEMENT which are subject to
provisions of Chapter 119, of the Florida Statutes.
c) If mutually agreed to by both Parties, upon thirty (30)
days advance notice. An agreement to terminate shall
be valid only if made in writing and executed with the
same formalities as this AGREEMENT.
8. TERMS
a) The effective date of
upon execution by the
continue in perpetuity
forth in Section 7.
this AGREEMENT shall commence
PARTIES. This AGREEMENT shall
or until termination as set
b) E-Verify
The CITY I Contractors or Vendors:
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 contract; and
ii. 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.
The CITY shall insert the above clause into any
contract entered into by the CITY with vendors or
contractors hired by the CITY for purposes of
performing its duties under this AGREEMENT.
c) This writing embodies the entire agreement and
understanding between the parties hereto and there are
Maintenance Memorandum of Agreement between Florida Department of Transportation and City of:Vliami Beach
Page 5of10
399
no other agreements and understanding, oral or written,
with reference to the subject matter hereof that are
not merged herein and superseded hereby.
d) This AGREEMENT shall not be transferred or assigned, in
whole or in part, without the prior written consent of
the DEPARTMENT.
e) This AGREEMENT shall be governed by and constructed in
accordance with the laws of the State of Florida. Any
provisions of this AGREEMENT found to be unlawful or
unenforceable shall be severable and shall not affect
the validity of the remaining portions of the
AGREEMENT.
f) Venue for any and all actions arising out of or in
connection to the interpretation, validity, performance
or breach of this AGREEMENT shall lie exclusively in a
state court of proper jurisdiction in Leon County,
Florida.
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
interpreted
Party or
provision.
provision of this AGREEMENT shall
for or against either Party because
its legal representative drafted
be
the
the
j) The DEPARTMENT is a state agency, self-insured and
subject to the provisions of Section 7 68. 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
amended
to Section
from time
768.28, Florida
to time, the
Statutes, as may be
CITY shall promptly
Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach
Page 6of10
400
indemnify, defend, save and hold harmless the DEPARTMENT,
its off ice rs, agents, representatives and employees from
any and all losses, expenses, fines, fees, taxes,
assessments, penalties, costs, damages, judgments, claims,
demands, liabilities, attorney's fees, (including
regulatory and appellate fees), and suits of any nature or
kind whatsoever caused by, arising out of, or related to
the CITY's exercise or attempted exercise of its
responsibilities as set out in this AGREEMENT, including
but not limited to, any act, action, neglect or omission by
the CITY, its officers, agents, employees or
representatives in any way pertaining to this AGREEMENT,
whether direct or indirect, except that neither the CITY
nor any of its officers, agents, employees or
representatives will be liable under this provision for
damages arising out of injury or damages directly caused or
resulting from the 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,
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 def end 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, 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
def end and indemnify the DEPARTMENT under the provisions of
this section. Only an adjudication or judgment, after the
highest appeal is exhausted, specifically finding the
DEPARTMENT was solely negligent shall excuse performance of
Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach
Page 7of10
401
this provision by the CITY.
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:
District Director of
Transportation Operations
Executive Secretary
LEGAL REVIEW:
APPROVED AS TO FORM, LANGUAGE
AND FOR EXECUTION
District Chief Counsel
Maintenance Memorandum of Agreement bttween Florida Department of Transportation and City ofMianu Beach
Page 8of10
402
EXHIBIT 'A '
PROJECT LIMITS
Below are the limits of the decorative pavers to be maintained
under this AGREEMENT.
State Road Number: S.R. AlA/Collins Avenue/Section 87060
Agreement Limits: Station 85+80
County: Miami-Dade
Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach
Page 9 of IO
403
EXHIBIT 'B'
CITY OF MIAMI BEACH RESOLUTION
To be herein incorporated once ratified by the CITY Board of
Commissioners.
Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach
Page 10 of IO
404