HomeMy WebLinkAboutReso 2014-2196RESOLUTION NO. 2014 -
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, APPROVING A CONSTRUCTION
AGREEMENT WITH THE FLORIDA DEPARTMENT OF
TRANSPORTATION (FDOT) TO CONSTRUCT STREETSCAPE
ENHANCEMENTS THAT INCLUDES IMPROVEMENTS WITHIN
STATE ROAD AIA /COLLINS AVENUE RIGHT -OF -WAY FOR THE
INTRACOASTAL PARK -ARLEN HOUSE PROJECT, ATTACHED
HERETO AS EXHIBIT "A ", IN SUBSTANTIALLY THE SAME FORM;
AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO
DO ALL THINGS NECESSARY TO EFFECTUATE THIS
RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission wishes to construct streetscape enhancements that
includes improvements within State Road AIA /Collins Avenue for the Intracoastal Park -Arlen
House Project, and
WHEREAS, the City of Sunny Isles Beach wishes to enter into a Construction
Agreement with the Florida Department of Transportation (FDOT) to construct streetscape
enhancements that includes improvements within State Road AIA /Collins Avenue Right -of -Way
from Bayview Drive (158t" Street) to the south City limits; and
WHEREAS, the City Commission wishes to enter into an Agreement with the Florida
Department of Transportation for the desired work within State Road Al A /Collins Avenue from
Bayview Drive (158" Street) to the south City limits, at no cost to the City, attached hereto as
Exhibit "A ", in substantially the same form.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, AS FOLLOWS:
Section 1. Approval of Agreement. The City Commission hereby approves the Construction
Agreement between the City of Sunny Isles Beach and the Florida Department of Transportation
to construct streetscape enhancements that includes improvements within State Road
A 1 A /Collins Avenue Right -of -Way from Bayview Drive (158`x' Street) to the south City limits
for the Intracoastal Park -Arlen House Project, at no cost to the City, attached hereto as Exhibit
"A ", in substantially the same form.
Section 2. Authorization of City Manager and City Attorney. The City Manager and City
Attorney are hereby authorized to do all things necessary to effectuate this Resolution.
Section 3. Effective Date. This Resolution shall become effective upon adoption.
82014- FDOT Construction Agmt Arlen House Page 1 of 2
PASSED AND ADOPTED this 20t1i day of February 2014
ATTEST:
r- <� 0."� �. �1�
Jane A. Hines, MMC, City Clerk
APPROVED AS TO FORM
AND L L-S F IC NCY:
Ha Ottinot, ttorney
Voters —j)
Mayor Edelcup
Vice Mayor Aeiion
Commissioner Gatto
Commissioner Levin
Commissioner Scholl
Moved by: 1 1 C12 M w e A&L, -0 K)
Seconded by:
82014- PDOT Construction Agnvt Arlen house Page 2 of 2
✓ (Yes)
(No)
✓ (Yes)
(No)
_(Yes)
(No)
V"(Yes)
(No)
(Yes)
(No)
Florida Department of Transportation
District Six Permits Office
1000 NW 111th Avenue, Room 6207
Miami, Florida 33172 -5800
Telephone (305) 470 -5367
Fax (305) 470 -5443
Checklist for Construction Agreement
This Construction Agreement is intended for permanent work taking place within the Department's Right -of-
Way. This work includes, but is not limited to, Traffic Signal Installation /Modification, Signage, Lighting,
Turning Lanes, Roadway Improvements, Concrete Sidewalk, Overhang /Canopy, etc.
Please submit the following information:
1) Four (4) originally signed "Construction Agreement" forms with the applicant's original signature.
2) Four (4) sets of plans (11" X 17" ONLY), preferred to scale, showing the proposed work, including:
a) Job proposed (type of proposed work within the Department's Right of Way).
b) Length of proposed work (a minimum of two weeks' notice shall be provided).
c) Right -of -Way characteristics such as edge of pavement, sidewalk, utility strip, right -of -way lines,
roadway conditions, etc.
d) Property lines across frontage and depth of site.
e) Existing fixed objects such as fire hydrants, light poles, traffic controllers, and trees, etc.
f) Existing / proposed conditions, i.e., elevations, traffic control devices, lane markings, signalization
plans, etc.
g) All existing drop curbs or asphalt turnouts, including those to be removed or installed at a later date.
h) Plans are required to be signed and sealed by a Professional Engineer licensed in the State of Florida in
accordance with Chapter 471 Florida Statues.
3) Liability Insurance verifying that the applicant or the applicant's contractor has coverage under a liability
insurance policy including property damage, pursuant to Section 7 -13 of the Department Standard
Specifications.
4) A preliminary Maintenance of Traffic (MOT) Plans, select from the Department's pre- approved MOT plans,
which are part of the Department's Roadway and Traffic Design Standard Indexes 600 -660.
5) CD with Electronic files of all submittal items
All activities performed with -in the Department's Right -of -Way shall adhere to the FHWA Manual on
Uniform Traffic Control Devices and the current F.D.O.T. Roadway and Traffic Design Standards, Index Series
600. In most cases, the Maintenance of Traffic plan will be required prior to and /or adjusted at the Pre -
construction Meeting to be held following the issuance of the Permit.
Copies of the Design Standards may be obtained from:
http : / /www dot state. fl. us/ rddesign /DesignStandards /Standards.shtm
FDOT District Six Permit Office Staff
Ali AI -Said, P.E.
Ali Khalilahmadi, P.E., PTOE
Esteban Espinal
Marceau Michel
Jerusha Williams
District Permits Engineer
Asst. District Permits Engineer
Permit Specialist
Permit Specialist
Office Support
Office hours are 8:00 A.M. to 5 :00 P.M. Monday— Friday, excluding traditional holidays
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 850 - 040 -88
CONSTRUCTION AGREEMENT MAINTENANCE
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THIS CONSTRUCTION AGREEMENT (this "Agreement ") is made and entered into by and between the State
of Florida, Department of Transportation, (Address)
(hereinafter referred to as the "DEPARTMENT') and The City of Sunny Isles Beach
(Address) 18070 Collins Ave (hereinafter referred to as the "Construction Coordinator").
WITNESSETH:
WHEREAS, the DEPARTMENT is authorized and required by Section 334.044(13), Florida Statutes, to
coordinate the planning, development, and operation of the State Highway System; and
WHEREAS, pursuant to Section 339.282, Florida Statutes, the DEPARTMENT may contract with a property
owner to finance, construct, and improve public transportation facilities; and
WHEREAS, the Construction Coordinator proposes to construct certain improvements to
SR AIA Section 87060 Subsection 000 from Begin MP to End MP
Local Name Collins Ave located in Miami -Dade County (hereinafter
referred to as the "Project "); and
WHEREAS, the parties desire to enter into this Agreement for the Construction Coordinator to make
improvements within the DEPARTMENT'S right of way to construct the Project, which will become the property of the
Department upon acceptance of the work.
NOW, THEREFORE, based on the premises above, and in consideration of the mutual covenants contained
herein, the parties hereby agree that the construction of the Project shall proceed in accordance with the following terms
and conditions:
1. The recitals set forth above are specifically incorporated herein by reference and made a part of this
Agreement. The Construction Coordinator is authorized, subject to the conditions set forth herein, to enter the
DEPARTMENT'S right of way to perform all activities necessary for the construction of See attached exhibit A scope of
serviceslsoecial provisions.
2. The Project shall be designed and constructed in accordance with the latest edition of the
DEPARTMENT'S Standard Specifications for Road and Bridge Construction and DEPARTMENT Design Standards and
Manual of Uniform Traffic Control Devices ( "MUTCD "). The following guidelines shall apply as deemed appropriate by the
DEPARTMENT: the DEPARTMENT Structures Design Manual, AASHTO Guide Specifications for the Design of
Pedestrian Bridges, AASHTO LRFD Bridge Design Specifications, the DEPARTMENT Plans Preparation Manual ( "PPM ")
Manual for Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways (the "Florida
Green Book ") and the DEPARTMENT Traffic Engineering Manual. The Construction Coordinator will be required to
submit any construction plans required by the DEPARTMENT for review and approval prior to any work being
commenced. Should any changes to the plans be required during construction of the Project, the Construction
Coordinator shall be required to notify the DEPARTMENT of the changes and receive approval from the DEPARTMENT
prior to the changes being constructed. The Construction Coordinator shall maintain the area of the project at all times
and coordinate any work needs of the DEPARTMENT during construction of the project.
3. The Construction Coordinator shall notify the DEPARTMENT a minimum of 48 hours before beginning
construction within DEPARTMENT right of way, The Construction Coordinator shall notify the DEPARTMENT should
construction be suspended for more than 5 working days.
4. Pursuant to Section 7 -13 of the DEPARTMENT Standard Specifications, the Construction Coordinator is
required to possess a general liability insurance naming the DEPARTMENT as an additional insured and insuring the
DEPARTMENT and the Construction Coordinator against any and all claims for injury or damage to persons and property,
and for the loss of life or property that may occur (directly or indirectly) by reason of the Construction Coordinator
accessing DEPARTMENT right of way and the Construction Coord'inator's performance of the Project. Such amount
shall be carried in a minimum amount of not less than Five Million and 001100
Dollars ($ 5- 000,000 ) for bodily injury or death to any one person or any number of persons in any one
occurrence, and not less than Five Million and 001100 Dollars ($ , n0Q 000() }
for property damage, or a combined coverage of not less than Five Million
and 001100 Dollars ($ 5,000,000 _). Additionally, the Construction Coordinator shall supply the
DEPARTMENT with a payment and performance bond in the amount of the estimated cost of construction, provided by a
surety authorized to do business in the State of Florida, payable to the DEPARTMENT. The bond and insurance shall
remain In effect until completion of construction and acceptance by the DEPARTMENT. Prior to commencement of the
Project and on such other occasions as the DEPARTMENT may reasonably require, the Construction Coordinator shall
provide the DEPARTMENT with certificates documenting that the required insurance coverage is in place and effective. If
the Construction Coordinator is a local governmental entity they will be exempt from these requirements.
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5. The Construction Coordinator shall be responsible for monitoring construction operations and the
maintenance of traffic ( "MOT ") throughout the course of the project in accordance with the latest edition of the
DEPARTMENT Standard Specifications, section 102. The Construction Coordinator is responsible for the development of
a MOT plan and making any changes to that plan as necessary. The MOT plan shall be in accordance with the latest
version of the DEPARTMENT Design Standards, Index 600 series. Any MOT plan developed by the Construction
Coordinator that deviates from the DEPARTMENT Design Standards must be signed and sealed by a professional
engineer. MOT plans will require approval by the DEPARTMENT prior to implementation.
6. The Construction Coordinator shall be responsible for locating all existing utilities, both aerial and
underground, and for ensuring that all utility locations be accurately documented on the construction plans. All utility
conflicts shall be fully resolved directly with the applicable utility.
7. The Construction Coordinator will be responsible for obtaining all permits that may be required by other
agencies or local governmental entities.
8. It is hereby agreed by the parties that this Agreement creates a permissive use only and all improvements
resulting from this agreement shall become the property of the DEPARTMENT. Neither the granting of the permission to
use the DEPARTMENT right of way nor the placing of facilities upon the DEPARTMENT property shall operate to create
or vest any property right to or in the Construction Coordinator, except as may otherwise be provided in separate
agreements. The Construction Coordinator shall not acquire any right, title, interest or estate in DEPARTMENT right of
way, of any nature or kind whatsoever, by virtue of the execution, operation, effect, or performance of this Agreement
including, but not limited to, the Construction Coordinator's use, occupancy or possession of DEPARTMENT right of way.
The parties agree that this Agreement does not, and shall not be construed to, grant credit for any future transportation
concurrency requirements pursuant to chapter 163, Florida Statutes.
9. The Construction Coordinator shall perform all required testing associated with the design and
construction of the project. Testing results shall be made available to the DEPARTMENT upon request. The
DEPARTMENT shall have the right to perform its own independent testing during the course of the Project.
10. The Construction Coordinator shall exercise the rights granted herein and shall otherwise perform this
Agreement in a good and workmanlike manner, with reasonable care, in accordance with the terms and provisions of this
Agreement and all applicable federal, state, local, administrative, regulatory, safety and environmental laws, codes, rules,
regulations, policies, procedures, guidelines, standards and permits, as the same may be constituted and amended from
time to time, including, but not limited to, those of the DEPARTMENT, applicable Water Management District, Florida
Department of Environmental Protection, Environmental Protection Agency, the Army Corps of Engineers, the United
States Coast Guard and local governmental entities.
11. If the DEPARTMENT determines a condition exists which threatens the public's safety, the
DEPARTMENT may, at its discretion, cause construction operations to cease and immediately have any potential hazards
removed from its right of way at the sole cost, expense, and effort of the Construction Coordinator. The Construction
Coordinator shall bear all construction delay costs incurred by the DEPARTMENT.
12. All work and construction shall be completed within 120 days of the date of the last signature affixed to
this agreement. If construction is not completed within this time, the DEPARTMENT may make a claim on the bond. The
DEPARTMENT may terminate this Agreement at any time, with or without cause and without DEPARTMENT liability to
the Construction Coordinator, by providing sixty (60) days prior written notice of termination to the Construction
Coordinator.
13. The Construction Coordinator shall be responsible to maintain and restore all features that might require
relocation within the DEPARTMENT right of way.
14. The Construction Coordinator will be responsible for clean up or restoration required to correct any
environmental or health hazards that may result from construction operations.
15. Upon completion of construction, the Construction Coordinator will be required to submit to the
DEPARTMENT final as -built plans and an engineering certification that construction was completed in accordance to the
plans. Prior to the termination of this Agreement, the Construction Coordinator shall remove its presence, including, but
not limited to, all of the Construction Coordinator's property, machinery, and equipment from DEPARTMENT right of way
and shall restore those portions of DEPARTMENT right of way disturbed or otherwise altered by the Project to
substantially the same condition that existed immediately prior to the commencement of the Project.
16. If the DEPARTMENT determines that the Project is not completed in accordance with the provisions of
this Agreement, the DEPARTMENT shall deliver written notification of such to the Construction Coordinator. The
Construction Coordinator shall have thirty (30) days from the date of receipt of the DEPARTMENT'S written notice, or
such other time as the Construction Coordinator and the DEPARTMENT mutually agree to in writing, to complete the
Project and provide the DEPARTMENT with written notice of the same (the "Notice of Completion "). If the Construction
Coordinator fails to timely deliver the Notice of Completion, or if it is determined that the Project is not properly completed
after receipt of the Notice of Completion, the DEPARTMENT, within its discretion may: 1) provide the Construction
Coordinator with written authorization granting such additional time as the DEPARTMENT deems appropriate to correct
the deficiency(ies); or 2) correct the deficiency(ies) at the Construction Coordinator's sole cost and expense, without
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DEPARTMENT liability to the Construction Coordinator for any resulting loss or damage to property, including, but not
limited to, machinery and equipment. If the DEPARTMENT elects to correct the deficiency(ies), the DEPARTMENT shall
provide the Construction Coordinator with an invoice for the costs incurred by the DEPARTMENT and the Construction
Coordinator shall pay the invoice within thirty (30) days of the date of the invoice.
17. 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, The
DEPARTMENT'S liability for breach of this Agreement is limited in amount and shall not exceed the limitations of liability
for tort actions as set forth In Section 768.28(5), Florida Statutes.
16. All formal notices, proposed changes and determinations between the parties hereto and those required
by this Agreement, including, but not limited to, changes to the notification addresses set forth below, shall be in writing
and shall be sufficient if mailed by regular United States mail, postage prepaid, to the parties at the contact information
listed below.
19. The Construction Coordinator shall not cause any liens or encumbrances to attach to any portion of
DEPARTMENT right of way.
20. This Agreement shall be governed by the laws of the State of Florida in terms of interpretation and
performance. Venue for any and all actions arising out of or in any way related to the Interpretation, validity, performance
or breach of this Agreement shall lie exclusively in a state court of appropriate jurisdiction in Leon County, Florida.
21. The Construction Coordinator may not assign, pledge or transfer any of the rights, duties and obligations
provided in this Agreement without the prior written consent of the DEPARTMENT'S District Secretary or his /her
designee. The DEPARTMENT has the sole discretion and authority to grant or deny proposed assignments, with or
without cause. Nothing herein shall prevent the Construction Coordinator from delegating its duties hereunder, but such
delegation shall not release the Construction Coordinator from its obligation to perform this Agreement.
22. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective
successors and assigns. Nothing in this Agreement is intended to confer any rights, privileges, benefits, obligations or
remedies upon any other person or entity except as expressly provided for herein.
23. This instrument, together with the attached exhibits and documents made part hereof by reference,
contain the entire agreement of the parties and no representations or promises have been made except those that are
specifically set out in this Agreement. All prior and contemporaneous conversations, negotiations, possible and alleged
agreements and representations, covenants, and warranties with respect to the subject matter of this Agreement, and any
part hereof, are waived, merged herein and superseded hereby.
24. By their signature below, the parties hereby acknowledge the receipt, adequacy and sufficiency of
consideration provided in this Agreement and forever waive the right to object to or otherwise challenge the same.
25. The failure of either party to insist on one or more occasions on the strict performance or compliance with
any term or provision of this Agreement shall not be deemed a waiver or relinquished in the future of the enforcement
thereof, and it shall continue in full force and effect unless waived or relinquished in writing by the party seeking to enforce
the same.
26. No term or provision of this Agreement shall be interpreted for or against any party because that party or
that party's legal representative drafted the provision.
27. If any section, paragraph, clause or provision of this Agreement is adjudged by a court, agency or
authority of competent jurisdiction to be invalid, illegal or otherwise unenforceable, all remaining parts of this Agreement
shall remain in full force and effect and the parties shall be bound thereby so long as principle purposes of this Agreement
remain enforceable.
28. 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.
29. The Construction Coordinator agrees to promptly indemnify, defend, save and hold harmless the
DEPARTMENT and all of its officers, agents and employees from and pay all demands, claims, judgments, liabilities,
damages, fines, fees, taxes, assessments, penalties, costs, expenses, attorneys' fees and suits of any nature or kind
whatsoever caused by, or arising out of or related to the performance or breach of this Agreement by the Construction
Coordinator, including, without limitation, performance of the Project within the DEPARTMENT'S right of way. The term
"liabilities" shall specifically include, without limitation, any act, action, neglect or omission by the Construction
Coordinator, its officers, agents, employees or representatives in any way pertaining to this Agreement, whether direct or
indirect, except that neither the Construction Coordinator 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, intentional or wrongful acts of the DEPARTMENT or any of its officers, agents or employees. The
Construction Coordinator shall notify the DEPARTMENT in writing immediately upon becoming aware of such liabilities.
The Construction Coordinator's inability to evaluate liability, or its evaluation of liability, shall not excuse performance of
the provisions of this paragraph. The indemnities assumed by the Construction Coordinator shall survive termination of
this Agreement. The insurance coverage and limits required in this Agreement may or may not be adequate to protect the
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DEPARTMENT and such insurance coverage shall not be deemed a limitation on the Construction Coordinator's liability
under the indemnities granted to the DEPARTMENT in this Agreement.
30. Constructlon Coordinator:
(1) 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 Construction Coordinator during the
term of the contract; and
(2) 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.
31. COMPLIANCE WITH LAWS
The Construction Coordinator shall allow public access to all documents, papers, letters, or other material
subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Construction
Coordinator in conjunction with this Agreement. Specifically, if the Construction Coordinator is acting on
behalf of a public agency the Construction Coordinator shall:
(1) Keep and maintain public records that ordinarily and necessarily would be required by the
Department in order to perform the services being performed by the Construction
Coordinator.
(2) Provide the public with access to public records on the same terms and conditions that the
Department would provide the records and at a cost that does not exceed the cost provided
in Chapter 119, Florida Statutes, or as otherwise provided by law.
(3) Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law,
(4) Meet all requirements for retaining public records and transfer, at no cost, to the Department
all public records in possession of the Construction Coordinator upon termination of the
contract and destroy any duplicate public records that are exempt or confidential and exempt
from public records disclosure requirements. All records stored electronically must be
provided to the Department in a format that is compatible with the information technology
systems of the Department. Failure by the Construction Coordinator to grant such public
access shall be grounds for immediate unilateral cancellation of this Agreement by the
Department. The Construction Coordinator shall promptly provide the Department with a
copy of any request to inspect or copy public records in possession of the Construction
Coordinator and shall promptly provide the Department a copy of the Construction
Coordinator's response to each such request.
Name Bill Evans
Office No.
CONSTRUCTION COORDINATOR CONTACT INFORMATION
Title As$iSta1l�
786-350-8190 Cell 786-350-8190 Email be • •
Name Elka Linton- Dorsett Title Capital Projects Manager
Office No. 305 -792 -1939 Cell 305 -484 -4799 Email edorsettasibfl.net
Mail Address 18070 Collins Ave, Sunny Isles Beach, FI 33160
IN WITNESS WHEREOF, Construction Coordinator and the DEPARTMENT have executed this Agreement for
the purposes herein expressed on the dates indicated below.
CONSTRUCTIC [N COORDINATOR
B�r (Signature)
�(Print Name)
(Title)
2 6i
(Date)
DEPARTMENT OF TRANSPORTATION
By:
Legal Review:
_ (Signature)
(Print Name)
- (Title)
_ (Date)
V Y !��
-:- `s� City of Sunny Isles Beach
A _, 18070 Collins Avenue
Sunny Isles Beach, Florida 33160
sF `'� F tt Rte
J (305) 947 -0606 City Hall
(305) 949 -3113 Fax
MEMORANDUM
TO: The Honorable Mayor and City Commission
VIA: Christopher J. Russo, City Manager
FROM: Helen Gray, PE, City Engineer
DATE: 2/20/2014
RE: A Resolution Approving a Construction Agreement with Florida
Department of Transportation
RECOMMENDATION:
We recommend City Commission approve the resolution.
REASONS:
The adopted City budget includes a capital project known as Arlen House to
construct streetscape enhancements known as Intracoastal Park -Arlen House
that includes improvements within State Road A1A/Collins Avenue right of way
from Bayview Drive (158 Street) to south City limits. FDOT requires the City
enter into a Construction Agreement for any and all improvements within their
right of way. Execution of the agreement also details additional construction and
permit requirements for the contractor who will be awarded the bid. Design of the
project is complete and the public advertisement of the project underway.
COST:
None
ATTACHMENTS:
• Resolution
• Agreement
Agenda Item No. ION
Date 2/20/2014
249