HomeMy WebLinkAboutReso 2025-3822RESOLUTION NO. 2025 -.
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH,
FLORIDA, APPROVING AN UPDATED OFF -SYSTEM CONSTRUCTION AND
MAINTENANCE AGREEMENT WITH THE FLORIDA DEPARTMENT OF
TRANSPORTATION FOR THE REHABILITATION OF THE ATLANTIC ISLE BRIDGE,
ATTACHED HERETO, AS EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO
EXECUTE THE AGREEMENT, PROVIDED SAID AGREEMENT IS FIRST REVIEWED
BY THE CITY ATTORNEY AS TO FORM AND LEGAL SUFFICIENCY; AUTHORIZING
THE CITY MANAGER AND CITY ATTORNEY TO DO ALL THINGS NECESSARY TO
EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Sunny Isles Beach (the "City") is the owner of the historically
designated Atlantic Isle Bridge (the "Bridge"); and
WHEREAS, the Bridge was in need of rehabilitation and restoration to remain in a safe
and operable condition (the "Project"); and
WHEREAS, the Project is part of the FDOT Work Program listed as Project No. 430029-1-
32-01, a project fully funded by the State of Florida; and
WHEREAS, on March 15, 2018, via Resolution No. 2018-2801, the City Commission
approved an Off -System Construction and Maintenance Agreement with the Florida
Department of Transportation ("FDOT") for the Project; and
WHEREAS, the Project encompasses reconstruction, maintaining the aesthetics of its
historic components; and
WHEREAS, FDOT requires an updated Off -System Construction and Maintenance
Agreement with the City to allow for modifications of the local City streets of Atlantic Isles and
Atlantic Avenue; and
WHEREAS, the City wishes to approve an updated Off -System Construction and
Maintenance Agreement with FDOT for the Project, attached hereto, as Exhibit "A".
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY
ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Approval of Updated Agreement. The City Commission hereby approves an
updated Off -System Construction and Maintenance Agreement with FDOT for the Project,
attached hereto, as Exhibit "A".
Section 2. Authorization of City Manager. The City Manager is hereby authorized to
execute said agreement, provided it is first reviewed by the City Attorney as to form and legal
sufficiency.
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Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all
things necessary to effectuate this Resolution.
Section 4. Effective Date. This Resolution shall become effective upon adoption.
PASSED AND ADOPTED this 17th day of Apri
Larisa vechin, or
ATTEST:; APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
Mauric o Be ancu , CMC, City Clerk ain E. Boileau, P.A., for Nabors, Giblin &
Nickerson, City Attorney
Moved . " Seconded.
Vote:
Mayor Svechin
v' ,'(Yes)
(No)
Vice Mayor Lama(Yes)
(No)
Commissioner Joseph
(yes)
(No)
Commissioner Stuyvesant
(Yes)
(No)
Commissioner Viscarra
(Yes)
(No)
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OFF -SYSTEM CONSTRUCTION AND MAINTENANCE AGREEMENT
Between
STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION
("DEPARTMENT")
and
SUNNY ISLES BEACH, A CITY
("CITY")
THIS AGREEMENT is made and entered into as of April 2025, by and through the STATE OF
FLORIDA, DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida (the
"Department"), and City, a municipal corporation of the State of Florida (the "DEPARTMENT and the
CITY"), collectively referred to as the "Parties."
RECITALS
A. Upon approval of the Department's Work Program by the State of Florida Legislature,
and adoption by the Department Secretary, the Department shall complete the various projects included
in the Department Work Program; and
B. Included in the Department Work Program is Project Number FM# 430029-2-52-01,
Atlantic Isle at West of SR AlA (Bridge# 874218) [Project Limits: MP 0.094 — MP 0.3411 (the
"Project"). A portion of the Project includes work on Atlantic Ave, in City of Sunny Isles Beach, Florida,
a road not on the State Highway System; and
C. The City is the holder of ownership rights to Atlantic Isles and Atlantic Ave, a road not
on the State Highway System; and
D. The Parties agree that it is in the best interest of each party for the Department to
undertake and to complete all aspects of the Project, including but not limited to, the design, construction,
construction inspection, maintenance during and after construction, utilities, easements, and other
associated tasks; and
E. The Parties further agree that it is in the best interest of each party to enter into this
Agreement in order to allow the Department to construct and complete the Project.
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TERMS
NOW THEREFORE, in consideration of the premises, the mutual covenants and other valuable
considerations contained herein, the receipt and sufficiency of which are hereby acknowledged, the
Parties agree as follows:
1. The recitals in this Agreement are true and correct, and incorporated into and made a part hereof.
2. The Parties agree that the Department intends to undertake and complete Project Number FM#
430029-2-52-01, which Project generally includes the following:
• Milling and resurfacing within the project area;
• Roadway widening and reconstruction within the project area;
• Bridge Replacement within the project area;
• Installation of overlook, curb ramps, and curb and gutter within the project area;
• Installation of drainage structures and pipes within the project area;
• Removal and reconstruction of existing driveways within the project area;
• Removal and installation of lighting within the project area;
• Removal and installation of landscaping within the project area;
• Installation of signing and pavement marking within the project area; and
• Adjustment and or relocation of the utilities that are affected by the project within the
project area; including:
a. Gas
b. Sanitary Sewer
c. Domestic Water including Fire Hydrant
d. Communications
e. Electric
The Project shall include improvements on Atlantic Isles, from Sta 10+00 to Sta 31+25.92 and
on Atlantic Ave from Sta 50+00 to Sta 62+16.44 (for purposes of this agreement, the "Off -
System Project Limits"). The work within the Off -System Project Limits shall include, but may
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not be limited to the following (hereinafter referred to as the "Local Roadway Improvements"):
a. Milling and resurfacing from approximately Sta 51+92.76 to Sta 57+45.73 and Sta 59+19.16 to
Sta 61+16.22 within the project area;
b. Roadway reconstruction from approximately Sta 57+45.73 to Sta 58+06.14 and Sta 58+54.16 to
Sta 59+19.16 (BL Survey Atlantic Ave.); Sta 100+61.03 to Sta 101+21.89 and Sta 101+69.89
to Sta 102+34.71 (BL Const. Atlantic Ave.) within the project area;
c. Bridge Replacement within the project area;
d. Installation of overlook, curb ramps, and curb and gutter within the project area;
e. Installation of drainage structures and pipes within the project area;
f. Removal and reconstruction of existing driveways within the project area;
g. Removal and installation of lighting within the project area;
h. Removal and installation of landscaping within the project area;
i. Installation of signing and pavement marking within the project area; and
j. Adjustment and or relocation of the utilities that are affected by the project within the project
area; including:
i. Gas
ii. Sanitary Sewer
iii. Domestic Water including Fire Hydrant
iv. Communications
V. Electric
The Project shall further include all activities associated with or arising out of the construction
of the Local Roadway Improvements. In the event that the Project requires the acquisition of
additional right-of-way within the Off -System Project Limits, the Department shall acquire such
right-of-way in order to complete the Project. The City shall cooperate with and shall support the
Department's work efforts in these regards.
The Department will design and construct the Project in accordance with all applicable federal
and state laws and regulations and in accordance with Department design and construction
standards as set forth in the Department's guidelines, standards, and procedures. The Department
shall have final decision authority with respect to the design, the design review process, and
construction of the Local Roadway Improvements, and the relocation of any utilities that the
Department may determine to be required.
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3. The Parties acknowledge and agree that the City will review the Project Design Plans ("Project
Design Plans") and shall submit its comments, if any, via Electronic Reviewer Comments
("ERC"). The Department shall provide the City access to the ERC, and the Department shall
use the ERC to submit the Project Design Plans for the City to review. When the Department
places the Project Design Plans in the ERC, the Department will designate a Comment Due Date
and a Response Due Date. The City shall submit its comments with regards to the Project Design
Plans on or before the Comment Due Date, and the Department shall respond to the City's
comments, if any, on or before the Response Due Date. If the City does not submit its comments
by the Comment Due Date, the City will be deemed to have approved the Project Design Plans
submitted by the Department. The review process for the Project Design Plans will be deemed
concluded when the Department has submitted the Final Project Design Plans to the ERC, and
the Comment Due Date and Response Due Date for the Final Project Design Plans have passed,
and the Department has addressed all of the City's comments that were submitted through the
ERC. Once the review process is concluded, the Department will construct the Project in
accordance with the Final Project Design Plans submitted through the ERC. The City
acknowledges and agrees that, during construction of the Local Roadway Improvements, the
Department will only utilize the services of law enforcement officers when required by the
Department's Standard Specifications for Road and Bridge Construction, and no additional
requirements will be imposed. No further agreements or permits shall be required for production
or construction of this Project.
Major modifications of the approved Project Design Plans must be submitted to the City for
review. A "Major Modification" is any modification that materially alters the kind or nature of
the work depicted in the approved Project Design Plans, or that alters the integrity or
maintainability of the Local Roadway Improvements, or related components. The City's review
shall be within the reasonable time schedule proposed by the Department, in order to avoid delay
to the Department's construction contract. In the event that any Major Modifications are required
during construction, the Department shall be entitled to proceed with the modifications that are
necessary to complete the construction of the Project, and shall, upon identifying the need for a
Major Modification, immediately notify the City of the required changes prior to proceeding with
implementation of the same. It is specifically understood and agreed that any such changes during
construction shall not delay nor affect the timely construction schedule of the Project.
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4. The City agrees to fully cooperate with the Department in the construction, reconstruction and
relocation of utilities that are located within the City's right-of-way, within the Off -System
Project Limits. The utility relocations, if any, which may be required by the Department for
purposes of the Project, shall be done in accordance with the Department's guidelines, standards
and procedures. The Department shall submit the proposed utility relocation schedule to the City.
Utility relocations, if any, shall be done in accordance with the provisions of Chapter 337, F. S.
Additionally, the City agrees to fully cooperate with the Department in the removal of any
encroachments or permitted improvements, and in the modification of any driveway connections,
located within the City's right-of-way, within the Off -System Project Limits, that are in conflict
with the Project, and the City hereby authorizes the Department to take any legal action necessary
to effectuate the removal of any such conflicting encroachments or permitted improvements, and
to effectuate the modification of any such driveway connections.
The Department shall coordinate with the City for said removals or modifications, at no cost to
the City.
5. The City agrees to perpetually maintain the Local Roadway Improvements. To maintain means
to perform normal maintenance operations for the preservation of the Local Roadway
Improvements, which shall include but is not limited to, roadway surfaces, shoulders, roadside
structures, drainage, signing and pavement markers, lighting, and such traffic control devices as
are necessary for the safe and efficient use of the Local Roadway Improvements.
Additionally, the Parties understand and agree that the Department shall transfer any permit(s)
required for the construction of the Local Roadway Improvements, if any, to the City as the
operational maintenance entity, and the City agrees to accept said transfer and to be fully
responsible to comply with all operational and maintenance conditions of the permit(s), at its sole
cost and expense.
Notwithstanding the requirements hereof, maintenance during construction shall be the
responsibility of the Department and its Contractor, as set forth in paragraph 9 of this Agreement.
6. The Parties acknowledge and agree that the City's right-of-way and the improvements and
structures located within the City's right-of-way, are and will remain under the ownership of the
City, and that the Department will not have any ownership interest in the right-of-way,
improvements, or structures located thereon or installed therein pursuant to this Project.
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7. The Department shall require its construction Contractor to maintain, at all times during
construction, Commercial General Liability insurance providing continuous coverage for all
work or operations performed under the construction contract. Such insurance shall be no more
restrictive than that provided by the latest occurrence form edition of the standard Commercial
General Liability Coverage Form (ISO Form CG 00 01) as filed for use in the State of Florida.
The limits of coverage shall not be less than $1,000,000 for each occurrence and not less than a
$5,000,000 annual general aggregate, inclusive of amounts provided by an umbrella or excess
policy, or such other minimum insurance coverage that may be required by the Department for
the construction of the Project, in accordance with the Department's Standards and Specifications
for Road and Bridge Construction. The Department shall further cause its Contractor to name
the City and the Department as additional insured Parties on the afore -stated policies, and to
provide evidence of Workers' Compensation Insurance in accordance with the laws of the State
of Florida and in amounts sufficient to secure the benefit of the Florida Workers' Compensation
law for all employees.
8. The Department shall notify the City at least 48 hours before beginning construction within the
City's right-of-way. Such notification may be provided via email, to the City Engineer, and the
notice requirements set forth in paragraph 20 shall not apply to this paragraph.
The Department agrees that the City may, at reasonable times during the construction of the Local
Roadway Improvements, inspect the Contractor's construction site and perform such tests as are
reasonably necessary to determine whether the goods or services required to be provided by the
Contractor, pursuant to the Contractor's Construction Agreement with the Department, conform
to the terms of said Construction Agreement. Upon request by the City, the Department shall
coordinate with its Contractor to provide access to the City for performance of said inspections.
During the construction work related to the Project, the City shall fully cooperate with any such
work being performed by the Department and the Department's contractors. The City shall not
commit nor permit any act which may delay or interfere with the performance of any such work
by the Department or the Department's contractors, unless the Department agrees in writing that
the City may commit or permit said act.
9. Maintenance during construction within the Off -System Project Limits, commencing as of the
first date of construction, shall be the responsibility of the Department's
Contractor. Notwithstanding, neither the Department nor its Contractor shall be responsible for
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mowing or removing litter during construction of the Project. After completion of construction,
the City shall assume all maintenance responsibilities for the Local Roadway Improvements.
Upon completion of construction, the Department is required to invite the City on the Final
Inspection of the work within the Off -System Project Limits, and will incorporate legitimate City
concerns that are within the scope of the contract into the final Project punch list to be corrected
by the Contractor. Notice for Final Inspection shall be delivered via email to the City and the
notice provision of paragraph 20 shall not be applicable. However, if the City does not attend the
Final Inspection, the Department shall proceed to conduct the Final Inspection, finalize the
Project punch list, and issue a Notice of Final Acceptance to its Contractor. The Final Inspection
shall be performed and the Notice of Final Acceptance shall be issued in accordance with the
Department's Standard Specifications for Road and Bridge Construction and the Construction
Project Administration Manual (CPAM).
Upon issuance of the Notice of Final Acceptance to the Contractor, the Department shall provide
a copy of said notice to the City. As of the date of the Notice of Final Acceptance, the City shall
be immediately responsible for the maintenance of the Local Roadway Improvements, and shall
further accept the Local Roadway Improvements. The Department, however, shall have the right
to assure completion of any punch list by the Contractor. Notwithstanding the issuance of the
Notice of Final Acceptance, the City may notify the Department Project Manager of deficiencies
in the Local Roadway Improvements that may be covered by the warranty provisions in the
contract between the Department and its Contractor. The Department shall enforce the warranty
if remedial action is required by the warranty provisions, as determined by the Department.
Upon completion of all work related to construction of the Project, the Department will be
required to submit to the City final as -built plans for the Local Roadway Improvements and an
engineering certification that construction was completed in accordance with the plans.
Additionally, the Department shall vacate those portions of the City's right-of-way used to
construct the Local Roadway Improvements, and shall remove the Department's property,
machinery, and equipment from said portions of the City's right-of-way. Furthermore, the
Department shall restore those portions of the City right-of-way disturbed by Project construction
activities to the same or better condition than that which existed immediately prior to
commencement of the construction of the Project.
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10. Upon submission by the Department of a deed, with accompanying sketch and legal description,
for the transfer to the City of any additional right-of-way acquired by the Department within the
Off -System Project Limits, the City shall forthwith submit the same to its governing board or
commission for approval and acceptance of such additional right-of-way.
11. This Agreement shall become effective as of the date both parties hereto have executed the
Agreement. Prior to commencement of construction, the Department may in its sole discretion
terminate this Agreement if it determines that it is in the best interest of the public to do so. If
the Department elects to terminate this Agreement, the Department shall deliver formal notice of
termination to the City, as set forth in paragraph 20 of this Agreement.
12. In the event that any election, referendum, approval, ratification, notice or other proceeding, or
authorization is required to carry out the Project, the City agrees to expeditiously initiate and
consummate, as provided by law, all actions necessary with respect to any such matters, with
time being of the essence.
13. The Department may utilize federal funds to design and construct the Project. In the event that
the Project shall be constructed using federal funds, all costs incurred must be in conformity with
applicable federal and state laws, regulations, and policies and procedures.
14. The Department's performance and obligations under this Agreement are contingent upon an
annual appropriation by the Legislature. If the Department's funding for this Project is in multiple
fiscal years, funds approval from the Department's Comptroller must be received each fiscal year
prior to costs being incurred.
15. In the event that this Agreement is in excess of $25,000, and the Agreement has a term for a
period of more than one year, the provisions of Section §339.135(6)(a), Florida Statutes, are
hereby incorporated into this Agreement and are as follows:
"The department, during any fiscal year, shall not expend money, incur any liability, or enter
into any contract which, by its terms, involves the expenditure of money in excess of the amounts
budgeted as available for expenditure during any such fiscal year. Any contract, verbal or
written, made in violation of this subsection is null and void, and no money may be paid on such
contract. The department shall require a statement from the comptroller of the department that
funds are available prior to entering into any such contract or other binding commitment of
funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1
year, but any contract so made shall be executory only for the value of the services to be rendered
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or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated
verbatim in all contracts of the department which are for an amount in excess of $25,000 and
which have a term for a period of more than I year. "
16. 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.
17. 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.
18. This Agreement shall be governed by the laws of the State of Florida. Any provision hereof
found to be unlawful or unenforceable shall be severable and shall not affect the validity of the
remaining portions hereof. 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.
19. No term or provision of this Agreement shall be interpreted for or against any party because that
party's legal counsel drafted the provision.
20. All notices required pursuant to the terms hereof, shall be in writing and shall be sent by first
class United States Mail, facsimile transmission, hand delivery or express mail. 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. Unless otherwise notified in writing, notices shall
be sent to the following:
To CITY:
City Manager
Attn: Stan Morris
18070 Collins Avenue
Sunny Isles Beach, Fl.
33160 Office: 305-792-1807
Cell: 954-296-4752
smorris@sibfl.net
To the Department:
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Director of Transportation Operations
State of Florida, Department of Transportation
1000 N.W. 11 lth Avenue
Miami, Florida 33172
21. The CITY, by and through Resolution No. , attached hereto as Exhibit
"A ", has duly authorized the execution and delivery of this Agreement and agrees to be
bound by the terms hereunder, and has further authorized the Mayor or his designee to take all
necessary steps to effectuate the terms of this Agreement.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the dates
exhibited, by the signatures below.
STATE OF FLORIDA,
DEPARTMENT OF TRANSPORTATION
LOIN
Name: Rudy Garcia
Title: Director of Transportation Operations
Date:
Attest:
Name:
Title:
Department Legal Review:
By:
Name:
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_City of Sunny Isles Beach
By:
Name: _Stan Morris_
Title: _City Manager
Date: &f. - 2A3 • �a 7
Attest: IV
Name: M mo fto 11fi ev K
Title: `W1 NU
Approved as to form and legality:
By:
Name: Alain Boileau, City Attorney
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C`rk QF 5'!LA l�yU
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
(305) 949-3113 Fax
MEMORANDUM
TO: Honorable Mayor and City Commissioners
VIA: Stan Morris, City Manager
FROM: Rick Labinsky, P.E., City Engineer
DATE: April 17, 2025
RE: Request to Approve the Agreement with FDOT to Allow Atlantic Isles Historic
Bridge Reconstruction, Atlantic Ave., to Construct Improvements on City
Streets on Atlantic Isles and Atlantic Avenue.
RECOMMENDATION:
Staff is recommending the City Commission approve the attached Resolution.
REASONS:
The Florida Department of Transportation has a project to reconstruct the historic bridge on Atlantic
Ave. Through Resolution No. 2018-2801, the City entered into an Off -System Construction and
Maintenance Agreement with the Florida Department of Transportation for the rehabilitation of the
Atlantic Isle Bridge 874218. As this project has progressed, the project number has changed as well as
the scope. This project will include complete reconstruction of the historic bridge, maintaining the
aesthetics of the historic components of the bridge. As an element of this project they require an
updated Off -System Construction and Maintenance Agreement with the City to allow for modifications
of the local City streets of Atlantic Isles and Atlantic Avenue.
ATTACHMENTS:
Resolution
Off -System Agreement
Item Number: 9.J
331