FDOT Roadway Delineators Maintenance Memorandum of Agreement with the CMB pursuant to permit 2025-K-610-00102 Z6 2�-" �3�� -7
FLORIDA DEPARTMENT OF TRANSPORTATION
ROADWAY DELINEATORS
MAINTENANCE MEMORANDUM OF AGREEMENT
WITH THE
CITY OF MIAMI BEACH
This AGREEI�NT, 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, hereirlafter called the CITY, and
collectively referred to as the PARTIES.
RECITALS:
A. The DEPARTNIENT has jurisdiction over State Road (SR) 907
(Alton Road) within the I-195 Interchange, which is located
within the limits of the CITY; and
B. The CITY, pursuant to Permit Number 2025-K-610-00102 , has
drafted design plans for improvements along SR-907 (Alton
Road) within the I-195 Interchange, the limits of which
are described in the attached Exhibit `A' (the PROJECT
LIMITS) , which by reference shall become a part of this
AGREEMENT; a n d
C . The CITY will install roadway delineators along SR-907, at
the entrance to the I-195 ramp, inside DEPARTMENT right-
of-way (RW) within the PROJECT LIMITS, in accordance with
the design plans for Permit Number 2025-K-610-00102 (the
"Project") ; and
D. it is the intent of the PARTIES for this AGREEMENT to
supplement all existing Maintenance Memorandum of
Agreement and existing Permits previously executed between
the DEPARTMENT and the CITY; and
E . The PARTIES to this AGREEMENT mutually recognize the need
for entering into an agreement designating and setting
forth the CITY' s responsibilities with regards to the
maintenance of the roadway delineators installed as part
of the Permits (the ��IMPROVEMENTS") within the PROJECT
LIMITS; and
Maintenance Memorandum of Agreement between Florida Department of Transpo�tation and Ciry of Miami Beach(Delinea[ors)
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F. The CITY, by Resolution No. , dated ,
attached hereto as Exhibit `B' , which by reference shall
become a part of this AGREEMENT, desires to enter into this
AGREEMENT and authorizes its officers to do so .
NOW, THEREFORE, for and in consideration of the mutual
benefits contained herein and other good and valuable
consideration, the PARTIES covenant and agree as follows :
1 . RECITALS
The recitals in this AGREEMENT are true and correct, and are
incorporated herein by reference and made a part hereof.
2 . DEPARTMENT RESPONSIBILITIES
The PARTIES agree that the execution of this AGREEMENT shall
constitute an assignment of all maintenance responsibilities
pertaining to the IMPROVEMENTS within the PROJECT LIMITS to
the CITY upon the DEPARTMENT' s acceptance of the CITY' s or
Permittee' s work.
3 . CITY' S MAINTENANCE RESPONSIBILITIES
So long as the IMPROVEMENTS remain in place, the CITY shall
be responsible for the maintenance of the same . The CITY
shall maintain the IMPROVEMENTS 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 shall further maintain the
IMPROVEN�NTS 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:
3. 1 General Requirements:
a. Removing and disposing of litter from PROJECT LIMITS
in accordance with all applicable government rules,
regulations, policies, procedures, guidelines, and
manuals, as amended from time to time.
b. Removing and disposing of all trimmings, roots,
branches, litter, repairs, and any other debris
Maintenance Memorandum uf Agreement between Florida Department of Transpoitation and City of Miami Beach(Delineators)
Page 2 of 11
resulting from the activities described in this
Agreement .
c. 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 .
3 .2 Roadway Delineators
a. The CITY shall maintain and replace all delineators
used to separate the travel lanes . This includes the
products currently proposed for this PROJECT, and all
future products used. All alternate products not
included in the Permit plans mentioned above need to
be approved by the DEPARTN�NT before implementation.
New locations will also need to be approved by the
DEPARTMENT before implementation.
b. The CITY shall be responsible for sweeping the areas
adjacent to the delineators, which included the area
between the delineators, the travel lanes, and other
areas where debris associated with the delineators
may accumulate . This also includes a distance of 100
feet beyond the first and last delineator, when
mechanical sweepers cannot be utilized.
c . The CITY is responsible for the repairs of the asphalt
surfaces, pavement markings, and reflective markers,
removed or damaged by the delineators .
d. The CITY shall perform routine and regular inspections
of the roadway features previously mentioned to assure
that each are fully functional, including but not
limited to, identifying, repairing, and replacing
damaged and failing components .
e . When remedial action is required, the CITY at its own
expense shall complete all necessary repairs within
sixty (60) days of the date the deficiency is
identified.
Maintenance Memorandum of Agreement between Florida Department of Transpoitation and City of Miami Beach(Delinea[ors)
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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.
The DEPARTMENT may, at its sole discretion, pe�form periodic
inspection of the IMPROVEMENTS to ensure that the CITY is
performing its duties pursuan� 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 corrected within this time
period, the DEPARTMENT may, at its option, proceed as follows :
a. Maintain the IMPROVEMENTS, 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 IMPROVEMENTS 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
Maintenance Memorandum of Agreement between Florida Uepartment of Transportation and City of Miami Beach(Delineators)
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U.S . mail, return receipt requested, postage prepaid,
addressed to the party to receive such notices as follows :
To the DEPARTMENT: Florida Department of Transportation
1000 Northwest 111 Avenue, Room 6205
Miami, Florida 33172-5800
Attn: District Maintenance Engineer
To the CITY: City of Miami Beach
1700 Convention Drive
Miami Beach, Florida 33139
Attention: 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 �rovided.
6. REMOVAL, RELOCATION OR ADJUSTMENT OF THE IMPROVEMENTS
a. The PARTIES agree that the IMPROVEMENTS addressed by
this AGREEMENT may be removed, relocated or adjusted at
any time in the future, at the DEPARTMENT' s sole
discretion . The DEPARTMENT shall notify the CITY as soon
as practicable of any such removal, relocation or
adjustment of the IMPROVEMENTS. This notification is not
subject to the notice provisions of Paragraph 5 of this
AGREEMENT. In the event that the DEPARTMENT relocates or
adjusts the IMPROVEMENTS, the CITY' s maintenance
responsibilities w� ll survive the relocation or
adjustment, �s long as the materials 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 fails to perform its
duties under Section 3 of triis AGREEMENT, following the
thirty (30) days written notice, as specified in Section
4 of this AGREENIENT.
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
Maintenance Memorandum of Agreement between Florida Department of Transpoitation and Ciry of Miami Beach(Delineators)
Page 5 of I 1
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 AGREENiENT.
8 . TERMS
a . The effective date of this AGREEMENT shall commence upon
execution by the PARTIES and shall continue so long as
the IMPROVEMENTS remain in place until termination as
set forth in Section 7 .
b. This writing embodies the entire AGREEMENT and
understanding between the PARTIES hereto and there are
no other agreements and understanding, oral or written,
with reference to the subject matter hereof that are not
merged herein and superseded hereby.
c. This AGREEMENT shall not be transferred or assigned, in
whole or in part, without the prior written consent of
the DEPARTMENT.
d. This AGREEMENT shall be governed by and constructed in
accordance with the laws of the State of Florida. Any
provisions of this AGREEMENT found to be unlawful or
unenforceable shall be severable and shall not affect
the validity of the remaining portions of the AGREEMENT.
e . Venue for any and all actions arising out of or in
connection to the interpretation, validity, performance
or breach of this AGREEMENT shall lie exclusively in a
state court of proper jurisdiction in Miami-Dade County,
Florida .
f. A modification or waiver of any of the provisi_ons of
this AGREEMENT shall be effective only if made in writirig
and executed with the same formality as this AGREEMENT.
Maintenance Memorandum uf Agreement between Florida Department of Transpo�tation and City of Miami Beach(Delineators)
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i . The section headings cor.tained in this AGREEMENT are for
reference purposes only and shall not affect the meaning
or interpretation hereo� .
j . No term or provision of this AGREENIENT shall be
interpreted for or against either Party because the
Party or its legal representative drafted the provision.
k. The DEPARTMENT is a state agency, self-insured and
subject to tne 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 a� �ct forth in �ecticn 768 .20, Tloii�a
Statutes .
l . The CITY is a municipal corporation, 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 CITY' s sovereign immunity
protections, or as increasing the limits of liability as
set forth in Section 768 . 28, Florida Statutes .
9. INDENII�IIFICATION
Subject to Section 768 . 28, Florida Statutes, as may be
amended from time to time, the CITY shall :
(a) promptly indemnify, defend, save and hold harmless the
DEPARTNIENT, its officers, agents, representatives and
employees from any and all losses, expenses, fines, fees,
taxes, assessments, penalties, reasonable costs, damages,
judgments, claims, demands, liabilities, reasonable
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 negligent
exercise or of its responsibilities as set out in this
AGREENiENT, including but not limited to, any negligent act,
negligent action, negligence or omission by the CITY, its
officers, agents, employees or representatives in the
performance of 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
Maintenance Memorandum of Agreement between Florida Department of Transpo�tation and City of Miami Beach(Delineators)
Page 7 of 11
provision for damages arising out of injury or damages caused
or resultinq from the negligence of the DEPARTMENT; and
(b) pay all reasonable costs and fees related to this
obligation and its enforcement by 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 DEPARTN�NT 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' 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, specifically finding the DEPARTMENT was
negligent shall excuse performance of this provision by the
CITY.
The indemnification provisions of thi.s 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.
Maintenance Memorandum of Agreement between Florida Department of Transpoitation and City of Miami Beach(pelinea[ors)
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IN WITNESS WHEREOF, the PARTIES hereto have caused these
presents to be executed the day and year first above written.
CITY OF MIANlI BEACH: STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION:
�� ) � -� _
BY: ; ,:� �� B�t:
City Manage District Director of
Transportation Operations
P.
g3f�}i A
5'����� . .:. ... ..
ATTEST: (SEAL) ATTEST:
City Clerk Executive Secretary
LEGAL REVIEW:
BY: I�C`�� � � BY:
� City Attorney District Chief Counsel
L
.=�.��t`B��.C�,y,,,
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'.1kC�RP�ORATED; :
�'�`��' `.a��,�'�'` _��*�?�
,,�j,Q.,_„��,._ _
CN..2��.
Maintenance Memorandum of Agreement between Florida Department of Transpoitation and City of Miami Beach(Delineators)
Page 9 of 11
EXHIBIT 'A '
PROJECT LIMITS
Below are the limits of the IMPROVEMENTS to be maintained under
this AGREEMENT.
State Road Number: 907
Agreement Limits: Within the I-195 Interchange
County: Miami-Dade
Maintenance Memorandum of Agreement between Florida Department of Transpoita[ion and City of Miami Beach(Delineators)
Page 10 of 11
I
TRANSPORTATION & MOBILITY DEPARTMENT �'
ALTON ROAD AT I-195 ON-RAMP DELINEATORS
i FEBRUARY 10, 2025 �
PROJECT LOCATION
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EXHIBIT `B '
CITY OF MIAMI BEACH RESOLUTION
To be herein incorporated once adopted by the CITY Board of
Commissioners .
Maintenance Memorandum of Agreement betv✓een Florida Department of Transpoitation and City of Miami Beach(Delineators)
Page 11 of 11
RESOLUTION NO. 2025-33747
A RESOLUTION OF THE MAYOR AND CITY COMMISION OF MIAMI
BEACH FLORIDA, APPROVING, IN SUBSTANTIAL FORM, A
MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE
FLORIDA DEPARTMENT OF TRANSPORTATION IN CONNECTION
WITH THE INSTALLATION OF PLASTIC TUBULAR DELINEATORS
ALONG NORTHBOUND ALTON ROAD APPROACHING THE
WESTBOUND I-1951JULIA TUTTLE CAUSEWAY ON-RAMP; AND
FURTHER AUTHORIZING THE CITY MANAGER AND CITY CLERK TO
EXECUTE THE AGREEMENT.
WHEREAS, State Road ("SR") 907/Alton Road from 5 Street to 63 Street is an
arterial roadway under the jurisdiction of the Florida Department of Transportation
("FDOT"}. The corridor provides direct access to/from two (2) major causeways - I-
395/SR A1A/MacArthur Causeway and I-195/SR 112/Julia Tuttle Causeway — also
under the jurisdiction of the FDOT; and
WHEREAS, the Alton Road corridor regularly experiences heavy tra�c
congestion during weekday afternoon peak hours and major special events in the City.
One of the factors that contribute to daily recurring traffic congestion along the corridor
is vehicles frequently blocking the left northbound through lane on Alton Road
approaching the Julia Tuttle Causeway and trying to merge into the right lane to access
the westbound Julia Tuttle Causeway on-ramp at the last minute; and
WHEREAS, Police officers regularly monitor Alton Road at this juncture to deter
vehicles blocking the northbound lane and maintain the flow of traffic; and
WHEREAS, to supplement the current Police enforcement efforts, the
Transportation and Mobility Department staff worked with FDOT to secure approval for
the installation of white tubular plastic delineators between the two (2) northbound travel
lanes on Alton Road approaching the I-1951Julia Tuttle Gauseway to segregate the
northbound Alton Road through traffic from the westbound I-195/Julia Tuttle Causeway
on-ramp traffic; and
WHEREAS, the Transportation and Mobility Department staff, in coordination with
FDOT, has identified the need for additional signage and pavement marking
improvements along northbound Alton Road to help improve tra�c flow and safety at
this critical juncture in the City; and
WHEREAS, FDOT has agreed to the installation of the plastic tubular delineators
after the implementation of the proposed additional signage and pavement markings
along northbound Alton Road approaching the westbound I-195/Julia Tuttle Causeway
on-ramp; and
WHEREAS, to implement the proposed improvements, FDOT requires the
execution of a IVlaintenance Memorandum of Agreement ("MMOA"); and
WHEREAS, the MMOA grants the City the authorization to instalJ and maintain
the white p(astic tubular delineators on Alton Road, a roadway operated, maintained and
awned by FDOT, provided tt�at the City receives written approval from FDOT via a
permit; and
WHEREAS; approval of this MMOA will allow the City to proceed with the
permitting, installation and maintenance of the white plastic tubular deiineators along
northbound Alton Road approaching the westbound I-195/Julia Tuttle Causeway on-
ramp once FDOT implements the additional signage and pavement marking
improvements required; and
WHEREAS, the execution of the MMOA does not require an expenditure by the
City at this time. Costs associated with the installation of the signage and pavement
markings wi[I be funded by FDOT; and
WHEREAS, funding for the purchase, installation and maintenance of the white
plastic tubular delineators along no�thbound Alton Road approaching the westbound I-
195/Julia Tuttle Causeway on-ramp is included in the Transportation and Mobility
Department's Fiscal Year 2025 Operating Budget.
NOW,THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY
COMMI�SION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission approve, in substantial form, a Maintenance Memorandum of Agreement
with the Florida Department of Transportation in connection with the installation of plastic
tubular delineators along northbound Alton Road approaching the westbound I-195/Julia
Tuttle causeway on-ramp; and further authonzing the City Manager and City Clerk to
execute the agreement.
PASSED and ADOPTED this 25th day of June, 2025.
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Steven Meiner, Mayor
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