HomeMy WebLinkAboutResolution 2026-34131RESOLUTION NO. 2026-34131
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY
MANAGER AND CITY CLERK TO EXECUTE A MAINTENANCE
MEMORANDUM OF AGREEMENT ("MMOA") BETWEEN THE CITY AND THE
FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT"); SAID MMOA
TRANSFERRING TO THE CITY THE MAINTENANCE RESPONSIBILITIES IN
CONNECTION WITH THE CONSTRUCTION OF THE FOLLOWING
IMPROVEMENTS BY FDOT AS PART OF FDOT'S STATE ROAD 907/ALTON
ROAD RECONSTRUCTION PROJECT (FPID 429193-1), FROM MICHIGAN
AVENUE TO 43RD STREET (ED SULLIVAN DRIVE): (1) TWO (2)
STORMWATER PUMP STATIONS; (II) DRAINAGE SYSTEM; (III)
LANDSCAPING, IRRIGATION AND TURF ALONG THE MEDIAN AND EAST
SIDE OF ALTON ROAD; (IV) SHARED -USE PEDESTRIAN AND BICYCLE
PATH; AND (V) GREEN PAVEMENT MARKING SYMBOLS.
WHEREAS, on October 26, 2022, the Mayor and City Commission ("City Commission")
adopted Resolution No. 2022-32358, approving, in substantial form, a Memorandum of
Agreement ("MOA") between the City and the Florida Department of Transportation (FDOT),
memorializing the parties' commitment related to FDOT's undertaking to design and construct
certain City -owned utility and transportation facilities along FDOT's State Road 907/Alton Road,
from Michigan Avenue to 43rd Street (FPID #429193-1), as part of the reconstruction of the FDOT
Alton Road Project; and further authorized the City Manager and City Clerk to execute the
agreement; and
WHEREAS, the Michigan Avenue to 43rd Street Project (the "Alton Road Project 1"), as
originally proposed, encompassed roadway improvements, included enhancements to the
drainage system, installation of new pump stations, pavement and sidewalk reconstruction,
upgraded signalization, landscaping, and new pavement markings; and
WHEREAS, to capitalize on the scope of the proposed project, the City originally
requested additional enhancements, such as the incorporation of pedestrian facilities,
implementation of two-way bicycle lanes, deployment of an Intelligent Transportation System
(ITS), and the design, construction, and installation of City -owned water and sewer infrastructure;
and
WHEREAS, several of the improvements requested by the City will extend into City -owned
property or City -owned rights -of -way; and
WHEREAS, FDOT typically does not include roadway improvements or enhancements
that do not comply with its standards in roadway reconstruction projects, unless specifically
requested by the municipality; and
WHEREAS, FDOT agreed to incorporate these improvements into its project scope,
requiring the municipality to assume full responsibility for the construction costs associated with
the proposed enhancements along State Road 907 (Alton Road), from Michigan Avenue to 43rd
Street, and full responsibility for the ongoing maintenance costs associated with these
improvements via a Maintenance Memorandum of Agreement (MMOA); and
WHEREAS, on October 18, 2023, the City Commission adopted Resolution No. 2023-
32813, approving, in substantial form, a Utility Work by Highway Contractor Agreement
(UWHCA), a Locally Funded Agreement (LFA), an Off -System Construction and Maintenance
Agreement, and a Three -Party Escrow Agreement, in order to proceed with the FDOT Alton Road
Project 1; and
WHEREAS, in late 2025, FDOT notified the City of substantial revisions to the previously
approved UWHCA and LFA agreements, including increases in the cost of the improvements,
which modifications were approved by the City Commission during the February
5, 2026 City Commission meeting pursuant to Resolution No. 2026-34075; and
WHEREAS, after further discussion, the Administration, in coordination with FDOT,
decided not to proceed with the installation of the City's ITS fiber optic cable component as part
of the FDOT project, in that, the City is currently using other methods of communication; and
further, the Administration decided to proceed with "Gray" sidewalks instead of "Miami Beach
Red" along the project limits, as a more cost-effective and sustainable option; and
WHEREAS, a Maintenance Memorandum of Agreement ("MMOA") is required to transfer
maintenance responsibilities to the City for the following City -requested enhancements along
Alton Road, spanning Michigan Avenue to Chase Avenue following completion of construction:
Within FDOT Right -of -Way (ROW):
• Two (2) stormwater pump stations;
• Irrigation, landscaping, and turf along the median and the east side of the roadway;
• Cleaning and removal of litter within the City's proposed improvements; and
• Green pavement markings along project limits, as shown on the pavement marking
plans; and
Within City ROW / City -Owned Property:
• Bicycle path and shared -use path (the "Paths");
• Cleaning and removal of litter; and
• Green pavement markings along the path; and
WHEREAS, the water and sewer infrastructure improvements, as well as the Operation
and Maintenance (O&M) costs associated with the City's future Sewer Pump Station 25 (SPS
25), located within the City's right-of-way, will remain the City's responsibility; and
WHEREAS, FDOT will remain responsible for the replacement of major components of
the stormwater pump station system; and
WHEREAS, the Administration recommends that the City Commission approve and
authorize the City Manager and City Clerk to execute the proposed MMOA agreement with FDOT,
a copy of which is attached to the City Commission Memorandum accompanying this Resolution.
NOW, THEREFORE BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission
hereby, approve and authorize the City Manager and City Clerk to execute a Maintenance
Memorandum of Agreement ("MMOA") between the City and the Florida Department of
Transportation ("FDOT"); said MMOA transferring to the City the maintenance responsibilities in
connection with the construction by FDOT of the following improvements as part of FDOT's State
Road 907/Alton Road reconstruction project (FPID 429193-1), from Michigan Avenue to 43rd
Street (Ed Sullivan Drive): (i) two (2) stormwater pump stations; (ii) drainage system; (iii)
landscaping, irrigation and turf along the median and east side of Alton Road; (iv) shared -use
pedestrian and bicycle path; and (v) green pavement marking symbols.
PASSED and ADOPTED this o2-5- day of Afbruqv2026.
ATTEST:
MAR 0 3 2026 teven Meiner, Mayor
Rafael E. Granado, City Clerk
WCORIPORATED.)
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
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MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Eric Carpenter, City Manager
DATE: February 25, 2026
TITLE: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY
MANAGER AND CITY CLERK TO EXECUTE A MAINTENANCE MEMORANDUM
OF AGREEMENT ("MMOA") BETWEEN THE CITY AND THE FLORIDA
DEPARTMENT OF TRANSPORTATION ("FDOT"); SAID MMOA TRANSFERRING
TO THE CITY THE MAINTENANCE RESPONSIBILITIES IN CONNECTION WITH
THE CONSTRUCTION OF THE FOLLOWING IMPROVEMENTS BY FDOT AS
PART OF FOOT'S STATE ROAD 907/ALTON ROAD RECONSTRUCTION
PROJECT (FPID 429193-1), FROM MICHIGAN AVENUE TO 43RD STREET (ED
SULLIVAN DRIVE): (1) TWO (2) STORMWATER PUMP STATIONS; (II) DRAINAGE
SYSTEM; (111) LANDSCAPING, IRRIGATION AND TURF ALONG THE MEDIAN
AND EAST SIDE OF ALTON ROAD; (IV) SHARED -USE PEDESTRIAN AND
BICYCLE PATH; AND (V) GREEN PAVEMENT MARKING SYMBOLS.
RECOMMENDATION
The Administration recommends approving the Resolution.
BACKGROUND/HISTORY
On October 26, 2022, the Mayor and City Commission ("City Commission") approved, in
substantial form, a Memorandum of Agreement ("MOA") between the City and the Florida
Department of Transportation (FDOT), memorializing the parties' commitment related to FDOT's
undertaking to design and construct certain City -owned utility and transportation facilities along
FDOT's State Road 907/Alton Road, from Michigan Avenue to 43rd Street (FPID #429193-1), as
part of the reconstruction of the FDOT Alton Road Project; and further authorized the City
Manager and City Clerk to execute the agreement via Resolution No. 2022-32358.
The Michigan Avenue to 43rd Street Project (the "Alton Road Project 1"), as originally proposed,
encompassed roadway improvements, included enhancements to the drainage system,
installation of new pump stations, pavement and sidewalk reconstruction, upgraded signalization,
landscaping, and new pavement markings.
FDOT typically does not include roadway improvements or enhancements that do not comply with
its standards in roadway reconstruction projects, unless specifically requested by the municipality.
To capitalize on the scope of the proposed project, the City originally requested additional
enhancements, such as the incorporation of pedestrian facilities, implementation of two-way
bicycle lanes, deployment of an Intelligent Transportation System (ITS), and the design,
construction, and installation of City -owned water and sewer infrastructure.
Several of the improvements requested by the City will extend into City -owned property or City -
owned rights -of -way. FDOT agreed to incorporate these improvements into its project scope,
requiring the municipality to assume full responsibility for the construction costs associated with
the proposed enhancements along State Road 907 (Alton Road), from Michigan Avenue to 43rd
421 of 1589
Street, and full responsibility for the ongoing maintenance costs associated with these
improvements via a Maintenance Memorandum of Agreement (MMOA).
On October 18, 2023, the City Commission approved, in substantial form, a Utility Work by
Highway Contractor Agreement (UWHCA), a Locally Funded Agreement (LFA), an Off -System
Construction and Maintenance Agreement, and a Three -Party Escrow Agreement, in order to
proceed with the FDOT Alton Road Project 1, via Resolution No. 2023-32813.
In late 2025, FDOT notified the City of substantial revisions to the previously approved UWHCA
and LFA agreements. City staff presented these items to the February 5, 2026 City Commission
meeting, receiving approval via Resolution No. 2026-34075.
ANALYSIS
MAINTENANCE MEMORANDUM OF AGREEMENT ("MMOA") (ATTACHMENT A):
This Agreement is required to transfer maintenance responsibilities for the City's requested
enhancements. Once construction is complete, responsibility will shift from FDOT to the City for
the following new infrastructure along Alton Road, spanning Michigan Avenue to 43rd Street:
Within FDOT Right -of -Way (ROW):
• Two (2) stormwater pump stations
• Irrigation, landscaping, and turf along the median and the east side of the roadway
• Cleaning and removal of litter within the City's proposed improvements
• Green pavement markings along project limits, as shown on the pavement marking plans
Within City ROW / City -Owned Property:
• Bicycle path and shared -use path (the "Paths")
• Cleaning and removal of litter
• Green pavement markings along the path
The water and sewer infrastructure improvements, as well as the Operation and Maintenance
(O&M) costs associated with the City's future Sewer Pump Station 25 (SPS 25), located within
the City's right-of-way, will remain the City's responsibility. The estimated annual cost for SPS 25
(once completed) is $65,000. FDOT will remain responsible for major replacements to the
stormwater pump station.
After further discussion, the Administration, in coordination with FDOT will not proceed with the
installation of the ITS fiber optic cable component as part of the FDOT project as we will be using
the City's current standard methods of communication, and proceeding with "Gray" sidewalks
instead of "Miami Beach Red" along the project limits, as a more cost-effective and sustainable
option.
FISCAL IMPACT STATEMENT
The estimated annual maintenance cost for the overall project is approximately $267,802, and an
estimated total of $25,000 for a one-time funding request for the Sanitation Division. This figure
includes anticipated maintenance expenses and utility costs for the two (2) new stormwater pump
stations, the new sewer pump station, and other recurring maintenance needs, as detailed below.
All costs are based on 2025 dollars:
Acct: 427-0427-000343-29-421-517-00-00-00 (Stormwater Operation)
$ 178,572 — Year 1 O&M cost for the City to maintain the two (2) new FDOT stormwater
pump stations, including utility expenses.
422 of 1589
• Acct: 011-0840-000343-29-403-521-00-00-00 (Streets Operation)
$8,000. — Recurring maintenance costs for our street/sidewalk operation's division for the
routine maintenance of the new path and sidewalk
Acct: 425-0420-000343-29-421-513-00-00-00 (Sewer Operation)
$65,000 — Year 1 O&M cost for the City to maintain the future SPS 25, including utility
expenses
• Acct: 435-0430-000325-29-413-511-00-00-00 (One Time Funding Request - Sanitation
Division)
$22,000 — Funding request for 10 Victor Stanley Litter Cans.
Acct: 435-0430-000325-29-413-511-00-00-00 (One Time Funding Request - Sanitation
Division)
$3,000 — Funding request for 10 Doggie Dispensers and poles.
Acct: 011-0940-000325-29-406-545-00-00-00 (Greenspace Division)
$16,230 — Funding request for the routine maintenance of the irrigation and landscaping
of the grass strip along the Path
The funding estimates provided above are contingent on City Commission approval of future
operating budgets.
Does this Ordinance require a Business Impact Estimate?
(FOR ORDINANCES ONLY)
If applicable, the Business Impact Estimate (BIE) was published on:
See BIE at: https://www.miamibeachfi.gov/city-hall/city-clerk/meeting-notices/
CONCLUSION
Upon completion of the Alton Road corridor improvements by FDOT, the City will assume
responsibility for maintaining two (2) new stormwater pump stations, the median and the east side
irrigation system and landscaping, turf, green bicycle lane pavement markings, and overall
cleanliness along Alton Road. Ongoing maintenance is essential to preserve the functionality,
appearance, and long-term value of the corridor. These enhancements are critical to improving
drainage and reducing flooding frequency and impacts, while enhancing safety and comfort for
all users. Accordingly, the Administration recommends that the City Commission approve and
authorize the City Manager and City Clerk to execute the MMOA agreement with FDOT.
Applicable Area
Middle Beach
Is this a "Residents Right to Know" item,
pursuant to City Code Section 2-17?
Yes
Is this item related to a G.O. Bond
Proiect?
No
Was this Agenda Item initially requested by a lobbyist which as defined in Code Sec. 2-481,
includes a principal engaged in lobbyinci? No
423 of 1589
If so, specify the name of lobbyist(s) and principal(s):
Department
Public Works
Sponsor(s)
Co-sponsors)
Condensed Title
Execute MMOA w/ FDOT, SR 907/Alton Rd Reconstruction Proj from Michigan Av to 43rd St.
PW
Previous Action (For City Clerk Use Only)
424 of 1589
FLORIDA DEPARTMENT OF TRANSPORTATION
PUMP STATIONS, BICYCLE PATH, SHARED -USE PATH
GREEN PAVEMENT, LANDSCAPING, IRRIGATION AND TURF
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 (SR) 907
(Alton Road) from Michigan Avenue to Ed Sullivan Drive (43t}
Street), which is located within the limits of the CITY; and
B. The PARTIES to this AGREEMENT mutually recognize that it is
in the best interest of the Public to improve SR-907 (Alton
Road) from Michigan Avenue to Ed Sullivan Drive (431" 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, pursuant to PROJECT FM# 429193-1, 429193-2,
429193-4 and 429193-5, will design and construct permanent
roadway, drainage and landscape improvements, collectively
referred to as the "PROJECT," along the PROJECT LIMITS,
within DEPARTMENT and CITY right-of-way; and
D. It is the intent of the PARTIES for this AGREEMENT to
supplement all existing Maintenance Memorandum of Agreement
(MMOA) and existing Permits previously executed between the
DEPARTMENT and the CITY;
E. 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 PROJECT; and
F. The CITY, by Resolution No. _, dated ,
Ma inrenam-, Mem,Air; ,Am ,t A,jr am'r,I b"txe !, FI—t1, i��"Pn�,ment „t i-itA,., .+nt the city of MSam: Beach
Page 1 of 17
425 of 1589
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, in consideration of the mutual benefits
contained herein and other good and valuable consideration, the
PARTIES covenant and agree as follows:
1. RECITALS
The recitals in this AGREEMENT are true and correct and are
incorporated herein by reference and made a part hereof.
2. TERM OF AGREEMENT
The effective date of this AGREEMENT is the date on which
the last party executes this AGREEMENT, and this AGREEMENT
shall continue so long as the PROJECT improvements remain in
place.
3. ASSIGNMENT OF MAINTENANCE RESPONSIBILITIES
The PARTIES agree that the execution of this AGREEMENT shall
constitute an assignment of all maintenance responsibilities
pertaining to the two pump stations, bicycle path, shared -
use path, green pavement, existing and propose landscaping,
irrigation, and turf (the "IMPROVEMENTS") within the PROJECT
LIMITS to the CITY upon the DEPARTMENT's acceptance of the
PROJECT.
Regarding the IMPROVEMENTS located within property owned by
the CITY listed in the attached Exhibit "C," which by
reference shall become a part of this AGREEMENT, the CITY
shall grant the DEPARTMENT all easements necessary for the
DEPARTMENT to access the CITY's property and perform the
maintenance or repairs required to be performed by the
DEPARTMENT in accordance with this AGREEMENT.
4. MAINTENANCE RESPONSIBILITIES OF THE PARTIES
The CITY shall maintain all the PROJECT improvements
specified below (Sections 4.1 through Section 4.6) within
the DEPARTMENT and CITY right-of-way. The maintenance shall
be performed in accordance with all applicable standards set
forth in the PROJECT plans, PROJECT specifications, special
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Page 2 of 17
426 of 1589
provisions, permit requirements and maintenance manuals
provided as part of the PROJECT.
4.1 General Requirements:
The CITY'S general maintenance obligations shall include,
but shall not be limited to the following:
a. Removing and disposing of litter in accordance with all
applicable government rules, regulations, policies,
procedures, guidelines, and manuals, as amended from time
to time.
b. Maintaining a service log of all maintenance operations
that sets forth the date of the maintenance activity, the
location that was maintained, and the work that was
performed.
c. Submitting lane closure requests to the DEPARTMENT when
maintenance activities require the closure of a traffic
lane in the DEPARTMENT'S right-of-way. Lane closure
requests shall be submitted through the District Six Lane
Closure Information System, and in accordance with the
District Six Lane Closure Policy, as may be amended from
time to time.
4.2 Two Pump Stations:
a. The CITY agrees to operate and routinely maintain the PUMP
STRUCTURE SYSTEMS (as defined below), including payment
of all associated utility bills. The DEPARTMENT shall
provide the CITY with copies of all the manufacture's
maintenance and operations manuals and guides.
b. The PUMP STATION STRUCTURE SYSTEMS includes the pump
station wet wells, the trash rake structures, the valve
structures, the pollution control structures and inside
components, the force main discharge pipes from the pump
stations to the outfall structure, gate and check valves,
bulkhead walls, manatee grates, rip rap, pump station
control panels, control panel concrete pads, generators,
generator concrete pads, pumps, motors, impellers,
variable frequency drives (VFDs), and pump station hatches
(the "PUMP STATION STRUCTURE SYSTEMS").
c. The CITY'S maintenance responsibilities for the PUMP
STRUCTURE SYSTEMS along the PROJECT LIMITS, within
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Page 3 of 17
427 of 1589
DEPARTMENT and CITY right-of-way shall include, but shall
not be limited to, the following:
i. Periodically inspecting and maintaining the PUMP
STRUCTURE SYSTEM and all its associated features
(electrical, mechanical, etc.) in accordance with the
manufacturer's minimum care and maintenance
requirements, and in accordance with the PROJECT
plans and specifications, but never less than once
per contractual year.
ii. Adhering to the safety precautions prescribed by the
manufacturer and enumerated in the PROJECT plans and
specifications.
iii. Complying with all applicable government rules,
regulations, policies, procedures, guidelines, and
manuals, as the same may be amended from time to time.
iv. The CITY will keep electronic records of all
inspections and maintenance services performed. Upon
request by the DEPARTMENT, the CITY shall provide the
service records for review.
V. Paying all costs associated with repairs, that may
include replacement of parts, of the PUMP STRUCTURE
SYSTEM, that are not included as part of the repair
work described in the definition of MAJOR REPAIRS,
as defined in the below subsection (d).
d. mhe DEPARTMENT will be solely responsible for any MAJOR
REPAIRS along the PROJECT LIMITS, within DEPARTMENT and
CITY right-of-way. The CITY must notify the DEPARTMENT as
soon as the need for a MAJOR REPAIR is discovered. MAJOR
REPAIRS shall only include a complete replacement of any
major components of the PUMP STRUCTURE SYSTEMS. Major
components include pump station well, pollution control
structures, bulkhead walls, pump station control panel,
hatches, generator, energy dissipator, sluice gates, pumps
and variable frequency drives (VFDs). When a MAJOR REPAIR
is required, the DEPARTMENT at its own expense, shall
complete all necessary MAJOR REPAIRS within sixty (60)
days from the date the deficiency is identified. The
DEPARTMENT, however, shall not be responsible for the
following MAJOR REPAIRS, for which the CITY shall be solely
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Page 4 of 17
428 of 1589
responsible at the CITY'S own expense:
i. Any MAJOR REPAIRS that are needed as a result of the
CITY'S failure to perform its maintenance
responsibilities pursuant to this AGREEMENT, or
ii. Any MAJOR REPAIRS that are the result of a negligent
act of the CITY in performing its maintenance
responsibilities pursuant to this AGREEMENT.
4.3 Drainage Network System and Features:
a. All proposed and existing drainage features built within
the CITY's right-of-way shall be maintained by the CITY.
b. F,_i t';e- purpose of defining maintenance limits, the
DEPARTMENT'S maintenance will end at the crosswalk at each
of the CITY'S side streets.
c. The CITY'S maintenance responsibilities, including all
NPDES MS4 permitting requirements, pertaining to drainage
network system and features shall include, but shall not
be limited to the following:
i. Maintaining the drainage system operating as
originally designed. Cleaning and desilting the
drainage system, including but not limited to pipes,
inlets, manholes, structures, trench drains, yard
drains, as debris and other materials can accumulate
throughout the life of the system. Fixing all damaged
drainage systems.
ii. Performing routine and regular inspection of the
drainage features to assure that the systems are fully
functional. Identifying damaged, malfunctions,
repairs and replace broken components.
iii. Periodically inspecting and maintaining the rip rap
in accordance with the PROJECT Plans and
Specifications, but never less than once every two
years. Visual inspections may include above and
underwater elements. These deficiencies vary from
spalls, delamination, corrosion, scour, and others.
iv. Inspect and maintain all outfalls.
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Page 5 of 1-1
429 of 1589
v. For all drainage features connected to the
DEPARTMENT'S systems, all inspections and maintenance
shall follow all Local, State and Federal guidelines
/ laws, including meeting the terms of all State
permit requirements.
vi. When remedial action is needed in accordance with the
above requirements, the CITY at its own expense, shall
complete all necessary repairs within sixty (60) days
of the date the deficiency is identified.
vii. Complying with all applicable government rules,
regulations, policies, procedures, guidelines, and
manuals, as the same may be amended from time to time.
4.4 Bicycle Path and Shared -Use Path:
a. Bicycle path and shared -use path, collectively referred
to as the "Paths", included in this AGREEMENT, include
all sidewalks, pedestrian surfaces, bicycle ra(_:ilities,
greater than 5 feet in width.
b. Paths maintained by the CITY are found in and outside the
DEPARTMENT right-of-way.
c. Performing routine and regular inspections of all the
Paths. Identify damages on the surfaces and properly
address all drop-offs to ensure ADA requirements are met.
Repair and/or replace damaged Paths to ensure surfaces
are maintained in accordance with all applicable
DEPARTMENT guidelines, standards, and all applicable
American with Disabilities Act (ADA) requirements, as
amended from time to time.
d. Maintain detectable warning surfaces, pedestrian mats or
domes, manhole covers, pull -boxes and vaults. The CITY
is also responsible for the maintenance and replacements
of the ADA detectible surfaces along the Paths.
e. The CITY shall conduct condition surveys per CITY's
procedures of the Paths for gaps, settlement, drop-offs
and other deficiencies described in this AGREEMENT for
the life of the Paths. Paths that are exclusively inside
the CITY right-of-way, not shared with the DEPARTMENT
.f At: r ida Department ,,t Tr an spart at ion and ttW r..'i I :,t Miami Beach
Page 6 of 17
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paths, shall meet CITY criteria.
f. Gaps within the Paths shall not exceed a quarter (1/4) of
an inch. Gaps at the interface (perimeter) between the
Paths and the adjacent areas shall not exceed a quarter
(1/4) of an inch. This requirement also applies to areas
adjacent to the Paths that have been impacted by the trees
planted within the Paths.
g. Differential settlement within the Paths shall not exceed
a quarter (1/4) of an inch in depth. Differential
settlement at the interface (perimeter) between the Paths
and the adjacent areas shall not exceed a quarter (1/4)
of an inch in depth. This requirement also applies to
areas adjacent to the Paths that have been impacted by
the trees planted within the Paths.
h. When remedial action is required in accordance with the
above requirements, the CITY at its own expense shall
complete all necessary repairs within sixty (60) days from
the date the deficiency is identified.
i. Paint, repair and/or replace damaged Paths in kind
(texture, geometry, color, strength, etc.) and in
accordance with all applicable DEPARTMENT guidelines,
standards, and all applicable ADA requirements, as
amended from time to time.
4.5 Green Pavement Marking Symbols:
a) Sweep the pavement marking surfaces periodically to keep
them free of debris and to maintain an aesthetically
pleasing condition. A light pressure washing may be
necessary for heavy stain removal or cleaning.
b) Remove and properly dispose of litter from the pavement
marking surfaces.
c) For any routine repairs or replacement due to noticeable
color scarring or surface deterioration of the pavement
markings, the product authorized installer should be
contacted.
d) When remedial action is required in accordance with the
above requirements, the CITY shall complete all necessary
Maintenance Memorandum -,f Agt—ment between FL-rida Department ._.f Transr-!tat ion and the City of Miami Beach
Page 7 of 17
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repairs at its own expense within sixty (60) days of the
date the deficiency is identified.
4.6 Landscaping, Irrigation and Turf:
For the purpose of this AGREEMENT, the CITY'S maintenance
obligations related to landscape maintenance only applies to
the medians, and the CITY'S maintenance obligations related
to irrigation and turf management only applies to the median
and east side of the roadway.
a. Mowing, cutting and/or trimming and edging the grass and
turf of all areas with the PROJECT limits.
b. Pruning all plant materials, which include trees, shrubs
and ground covers, and parts thereof, including all
material from private property encroaching into the
DEPARTMENT'S Right -of -Way.
c. All pruning and trimming will follow the Maintenance
Rating Program Handbook which specifically requires no
encroachment of trees, tree limbs or vegetation in or over
travel way (or clear zone) lower than 14.5 feet, or lower
than 10 feet over sidewalks.
d. Removing and properly disposing of dead, diseased or
otherwise deteriorated plants in their entirety, 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.
e. Mulching all plant beds and tree rings.
f. Removing and disposing of all undesirable vegetation
including but not limited to weeding of plant beds and
removal of invasive exotic plant materials.
g. Watering and fertilizing all plants as needed to maintain
the plant materials in a healthy and vigorous growing
condition.
Ma:nt cna r.ce M— t anium ,f Agreement Fl,rida Department of Transrortat ion and the City If Miami Reach
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h. Paying for all water use and all costs associated
therewith. Repairing all irrigation systems.
i. 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.
j. Removing and disposing of all trimmings, roots, branches,
litter, and any other debris resulting from the activities
described by 3.A through 3.I.
5. DEFAULT
If either party fails to observe or perform any covenant,
condition, or agreement contained herein, the non -defaulting
party shall provide the defaulting party with a sixty (60)
calendar day written notice to cure. If the defaulting party
fails to cure within the sixty (60) calendar day notice
period (or such longer time period agreed by the PARTIES in
writing), then the defaulting party shall be in default of
this AGREEMENT and the non -defaulting party may, at its sole
and exclusive discretion, elect to cure any default and
invoice the defaulting party for the actual expenses
incurred.
6. NOTICES
All notices, requests, demands, consents, approvals, and
other communication which are required to be served or given
hereunder, shall be in writing and shall be sent by certified
U.S. mail, return receipt requested, postage prepaid,
addressed to the party to receive such notices as follows:
To the DEPARTMENT: Florida Department of Transportation
1000 Northwest 111 Avenue, Room 6205
Miami, Florida 33172-5800
Attn: District Maintenance Engineer
To the CITY: City of Miami Beach
1700 Convention Drive
Miami Beach, Florida 33139
Attention: Public Works Director
Maintenance Memc randum ,.:if P.greernent between Flnrida Department r,f Tran:F,.-,rtat ion and the r:ity ,f M1am1 Beach
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With a copy to: City of Miami Beach
1700 Convention Drive
Miami Beach, Florida 33139
Attention: City Manager
Notices shall be deemed to have been received upon actual
receipt.
7. REMOVAL, RELOCATION, OR ADJUSTMENT OF THE IMPROVEMENTS
a. The PARTIES agree that the improvements located within the
DEPARTMENT'S right-of-way may be removed, relocated, or
adjusted at any time in the future, at the DEPARTMENT'S
sole discretion. In the event that the DEPARTMENT
relocates or adjusts any improvements within the
DEPARTMENT'S right-of-way, which the CITY has specifically
agreed to maintain herein, the CITY's maintenance
responsibilities for those improvements will survive the
relocation or adjustment, as long as the materials remain
within the PROJECT LIMITS.
b. In the event that the DEPARTMENT is required to replace
improvements within its right-of-way at any time as part
of maintenance activities, a roadway project, or related
construction activities, the DEPARTMENT shall replace in
kind, and the CITY'S maintenance obligations under this
AGREEMENT shall survive said replacements as long as the
improvements remain within the PROJECT LIMITS. However,
the CITY may, with the written approval of the DEPARTMENT,
make upgrades within the PROJECT LIMITS at its sole cost
and expense with the understanding that the CITY shall
assume all maintenance obligations for the upgrades, and,
if the Parties deem necessary, enter into a new maintenance
agreement for said upgrades.
c. The PARTIES agree that the improvements located within the
CITY'S right-of-way may be removed, relocated, or adjusted
at any time, in the future, upon coordination between the
CITY and the DEPARTMENT. In the event that the CITY
relocates or adjusts any improvements within the CITY'S
right-of-way, which the DEPARTMENT has specifically agreed
to maintain herein, the DEPARTMENT'S maintenance
responsibilities for those improvements will survive the
relocation or adjustment, as long as the materials remain
tda in'e-n.,n -e N�m.-1 ;ndure --f Agreement between Pl Sri a f'epartmert t Transportation anj the City .:•t Miami Beach
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within the PROJECT LIMITS.
8. TERMINATION
This AGREEMENT may be terminated only if mutually agreed to
by both PARTIES and such termination shall be valid only if
made in writing and executed with the same formalities as
this AGREEMENT.
9. MISCELLANEOUS TERMS
a.E-Verify
The CITY shall:
i. Utilize the U.S. Department of Homeland Security's
E-Verify system to verify the employment eligibility
of all new employees hired by the Vendor/Contractor
during the term of the contract; and
ii. Expressly require any subcontractors performing work
or providing services pursuant to the state contract
to likewise utilize the U.S. Department of Homeland
Security's E-Verify system to verify the employment
eligibility of all new employees hired by the
subcontractor during the contract term. (Executive
Order Number 2011-02)
The CITY shall insert the above clause into any contract
entered into by the CITY with vendors or contractors hired
by the CITY for purposes of performing its duties under
this AGREEMENT .
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
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validity of the remaining portions of the AGREEMENT.
e. Venue for any and all actions arising out of or in
connection to the interpretation, validity, performance
or breach of this AGREEMENT shall lie exclusively in a
state court of proper jurisdiction in Miami -Dade County,
Florida.
f. A modification or waiver of any of the provisions of this
AGREEMENT shall be effective only if made in writing and
executed with the same formality as this AGREEMENT.
g. The section headings contained in this AGREEMENT are for
reference purposes only and shall not affect the meaning
or interpretation hereof.
h. No term or provision of this AGREEMENT shall be interpreted
for or against either Party because the Party or its legal
representative drafted the provision.
i. The DEPARTMENT and the CITY are state agencies, self -
insured and subject to the provisions of Section 768.28,
Florida Statutes, as may be amended from time to
time. Nothing in this AGREII4ENT shall be deemed or
otherwise interpreted as waiving the PARTIES' sovereign
immunity protections, or as increasing the limits of
liability as set forth in Section 768.28, Florida
Statutes.
1O.INSURANCE
a. The PARTIES hereto acknowledge that the PARTIES are
governmental entities subject to the provisions of Section
768.28, Florida Statutes. Each party shall maintain a
fiscally sound and prudent risk management program with
regard to its obligations under this Agreement and in
accordance with the provisions of Section 768.28, Florida
Statutes. Each party shall collect and keep on file
documentation of insurance of any and all contractors
procured by it which may participate in any way in the
PROJECT.
b. With regard to work to be done inside the DEPARTMENT'S
property, the CITY shall cause its contractors to add the
DEPARTMENT and the CITY as additional insureds and
Certificate Holders in their general insurance policies
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during the term of this AGREEMENT. Such insurance shall
include ProductslCompleted Operations coverage. Prior to
commencement of any work by the CITY'S contractors, the
CITY shall provide the DEPARTMENT with its contractors'
ACORD Certificates of Liability Insurance and Additional
Insured Endorsements naming the DEPARTMENT and the CITY
as additional insureds. The DEPARTMENT shall be notified
in writing within ten (10) days of any cancellation, notice
of cancellation, lapse, renewal, or proposed change to any
policy or coverage described herein.
c. With regard to work to be done inside of the CITY'S
property, the DEPARTMENT shall cause its contractors to
add the CITY and the DEPARTMENT as additional insureds and
Certificate Holders in their .general insurance policies
during the term of this AGREEMENT. Such insurance shall
include ProductslCompleted Operations coverage. Prior to
commencement of any work by the DEPARTMENT'S contractors,
the DEPARTMENT shall provide the CITY with its
contractors' ACORD Certificates of Liability Insurance and
Additional Insured Endorsements naming the CITY and the
DEPARTMENT as additional insureds. The CITY shall be
notified in writing within ten (10) days of any
cancellation, notice of cancellation, lapse, renewal, or
proposed change to any policy or coverage described herein.
IN WITNESS WHEREOF, the PARTIES hereto have caused these
presents to be executed the day and year first above written.
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CITY OF MIAMI BEACH:
BY:
CITY Manager
ATTEST: (SEAL)
CITY Clerk
BY:
CITY Attorney
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION:
BY:
District Director of
Transportation Operations
ATTEST:
LEGAL REVIEW:
BY:
Executive Secretary
District Chief Counsel
Maintenance Mem„randum ..t Agreement 1 17a :impartment -1 Transp-rtati n and the ':tty -t Miam' Bea..h
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EXHIBIT 'A'
PROJECT LIMITS
Below are the limits of the IMPROVEMENTS to be maintained by the
CITY under this AGREEMENT.
State Road Number: 907
Local Street Names: Alton Road
Project Limits: Michigan Avenue to Ed Sullivan Drive Street)
County: Miami -Dade
Maintenar. ce Hem, IarAum •f Agreement bet veer, F1,,r ila hepartment of Transport at itn anal the t'ity of Miami Beach
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EXHIBIT 'B'
CITY OF MIAMI BEACH RESOLUTION
To be herein incorporated once ratified by the CITY Board of
Commissioners.
Ha r., eras,-e Mem--, r an lum r we F--,r . 1, 40 m,-f t f rr,Ar.cr- rt it I 'T, I. I
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EXHIBIT 'C'
CITY OF MIAMI BEACH PROPERTIES
The CITY will has, or will execute Easements to the DEPARTMENT fc;r
the properties described below granting access to the DEPARTMENT.
Parcel 800 Pump Station and associated drainage features along
Alton Road and 29", Street
Parcel 800.1 Pump Station and associated drainage features along
Alton Road and 29", Street
Parcel 802.1
Pump Station and associated drainage features along
2911, Street
Parcel 803.1 ITS Structure
Parcel 804 Pump Station and associated drainage features along
Michigan Ave and Alton Road
Miami e. _
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