HomeMy WebLinkAboutReso 2015-2482 RESOLUTION NO. 2015- 2492,
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF SUNNY ISLES BEACH, FLORIDA, APPROVING A
MAINTENANCE AGREEMENT WITH THE FLORIDA
DEPARTMENT OF TRANSPORTATION (FDOT) FOR THE
INSTALLATION OF SIDEWALK PAVERS ON COLLINS
AVENUE, IN SUBSTANTIALLY THE SAME FORM ATTACHED
HERETO AS EXHIBIT "A"; AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT; AUTHORIZING THE CITY
ATTORNEY AND THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO EFFECTUATE THE TERMS OF THIS
AGREEMENT; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Sunny Isles Beach (the "City") requires developers to install
decorative pavers in front of their properties; and
WHEREAS, the Florida Department of Transportation ("FDOT") and the City agree to
enter into a Sidewalk Payers Maintenance Agreement ("Agreement") for decorative sidewalks;
and
WHEREAS, the City Commission wishes to approve the Agreement in substantially the
same form as attached 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 the Maintenance Agreement. The City Commission hereby approves
the Sidewalk Pavers Maintenance Agreement between the FDOT and the City to install
decorative sidewalk pavers on Collins Avenue in substantially the same form as the attached
Exhibit "A".
Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute the
Agreement in substantially the same form as the attached Exhibit "A".
Section 3. Authorization of City Manager and City Attorney. The City Manager and City
Attorney are authorized to do all things necessary to effectuate the terms of the Agreement.
Section 4. Effective Date. This Resolution shall become effective upon adoption.
PASSED AND ADOPTED this l y day of_November 201 -.
George . . Scholl. Mayor
FDOT Sidewalk Pavers Maintenance Agreement Page I of 2
ATTEST:
Jane A:,Iiines, MMC, City Clerk
•s "
APPROVED AS TO FORM
AND L AL SUFFICIENCY:
if
�.ns V rot: ity Attorney
Moved by: _C� oari yA
Seconded by: Y t o mp..t. o v 6 A-TTO
Vote: 5-0
J
Mayor Scholl ✓(Yes) (No)
Vice Mayor Gatto (Yes) (No)
Commissioner Aelion ✓(Yes) (No)
Commissioner Goldman ✓ Yes) (No)
Commissioner Levin V(Yes) (No)
FDOT Side,cal<Pacers Maintenance Agreement Page 2 of 2
FLORIDA DEPARTMENT OF TRANSPORTATION
DECORATIVE PAVERS
MAINTENANCE MEMORANDUM OF AGREEMENT
WITH THE
CITY OF SUNNY ISLES BEACH
This AGREEMENT, entered into on 1/144 . 7A , 20f.(, 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 SUNNY ISLES, 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 (S .R. )
AIA/Collins Avenue with abutting properties, which are
located within the limits of the CITY; and
B. The CITY, pursuant to Construction Agreements # 2015 L 691
10, 2015 L 691 11 and 2015 L 691 14, has drafted design plans
for beautification improvements on S . R. AIA/Collins Avenue
with abutting properties (addresses 17475 Collins Avenue,
Folio Number 31-2211-004-0160; 17501 Collins Avenue, Folio
Number 31-2211-004-0300 and 19575 Collins Avenue, Folio
Number 31-2202-052-0001) , the limits of which are described
in the attached Exhibit `A' (the PROJECT LIMITS) , which by
reference shall become a part of this AGREEMENT; and
C. The CITY will install decorative pavers along S . R.
AIA/Collins Avenue within PROJECT LIMITS, in accordance with
the design plans for Contract #s 2015 L 691 10, 2015 L 691
11 and 2015 L 691 14 (the "Project") ; and
D. The PARTIES to this AGREEMENT mutually recognize the need
for entering into an agreement designating and setting forth
the responsibilities of each party with regards to the
maintenance of the decorative pavers installed pursuant to
the Project; and
E. The CITY, by Resolution No. ? l.-248z. , dated gox , 13, 20/,s—
attached hereto as Exhibit `B' , which by reference shall
become a part of this AGREEMENT, desires to enter into this
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AGREEMENT and authorizes its officers to do so.
NOW, THEREFORE, for and in consideration of the mutual
benefits contained herein and other good and valuable
consideration, the PARTIES covenant and agree as follows :
1 . RECITALS
The recitals in this AGREEMENT are true and correct, and are
incorporated herein by reference and made a part hereof.
2 . DEPARTMENT RESPONSIBILITIES
The PARTIES agree that the execution of this AGREEMENT shall
constitute an assignment of all maintenance responsibilities
pertaining to the decorative pavers within the PROJECT LIMITS
to the CITY upon the DEPARTMENT' s issuance of the executed
Construction Agreement to the CITY.
3. CITY' S MAINTENANCE RESPONSIBILITIES
So long as the decorative pavers remain in place, the CITY
shall be responsible for the maintenance of the same. The
CITY shall maintain the decorative pavers in accordance with
all applicable DEPARTMENT guidelines, standards, and
procedures, which shall include but shall not be limited to
the Maintenance Rating Program Handbook, as may be amended
from time to time and in accordance with the standards set
forth in the Project Plans, and in the Project Specifications
and Special Provisions . The CITY' s maintenance obligations
shall include but not be limited to:
3 . 1 General Requirements :
a. Removing and disposing of litter from PROJECT LIMITS in
accordance with all applicable government rules,
regulations, policies, procedures, guidelines, and
manuals, as amended from time to time .
b. Removing and disposing of all trimmings, roots,
branches, litter, and any other debris resulting from
the activities described by 3 . 2 .
c. Maintaining a service log of all maintenance operations
that sets forth the date of the maintenance activity,
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the location that was maintained, and the work that was
performed.
d. Submitting Lane Closure Requests to the DEPARTMENT when
maintenance activities will require the closure of a
traffic lane in the DEPARTMENT' s right-of-way. Lane
closure requests shall be submitted through the District
Six Lane Closure Information System, to the DEPARTMENT' s
area Permit Manager and in accordance with the District
Six Lane Closure Policy, as may be amended from time to
time.
3 .2 Decorative Pavers :
a. Sweep the decorative pavers periodically to keep it free
of debris and to maintain an aesthetically pleasing
condition. A light pressure washing may be necessary
for heavy stain removal or cleaning.
b. The CITY shall conduct annual condition surveys of the
decorative pavers including their perimeter concrete
edges for gaps, settlement, drop-offs, and other
deficiencies for the life of the decorative pavers .
c. Performing routine and regular inspections of the
decorative pavers, including their perimeter concrete
edges to ensure that the surface is American with
Disabilities Act (ADA) compliant;
d. Gaps within the decorative pavers shall not exceed a
quarter (1/4 ) of an inch.
e. Differential settlement within the decorative pavers
shall not exceed a quarter (1/4 ) of an inch in depth.
f. Ensure that no edge drop-offs adjacent to the decorative
pavers exist greater than two inches (2") measured to
the adjacent areas . Restored areas shall not exceed
one inch (1") of drop-off.
g. Undertaking the maintenance and repair (when needed) of
decorative pavers, including their perimeter concrete
edges .
h. For any routine repairs or replacement due to noticeable
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color scarring or surface deterioration of the
decorative pavers, the product authorized installer
should be contacted.
i . When remedial action is required in accordance with the
above requirements, the CITY at its own expense shall
complete all necessary repairs within thirty (30) days
of the date the deficiency is identified.
The CITY shall submit all services logs, inspections and
surveys to the DEPARTMENT Warranty Coordinator as required in
the above maintenance responsibilities .
The DEPARTMENT may, at its sole discretion, perform periodic
inspection of the decorative pavers to ensure that the CITY
is performing its duties pursuant to this AGREEMENT. The
Department shall share with the CITY its inspection findings,
and may use those findings as the basis of its decisions
regarding maintenance deficiencies, as set forth in Section
4 of this AGREEMENT. The CITY is responsible for obtaining
copies of all applicable rules, regulations, policies,
procedures, guidelines, and manuals, and the Project
Specification and Special Provisions, as may be amended from
time to time .
4 . MAINTENANCE DEFICIENCIES
If at any time it shall come to the attention of the
DEPARTMENT that the CITY' s responsibilities as established
herein are not being properly accomplished pursuant to the
terms of this AGREEMENT, the DEPARTMENT may, at its option,
issue a written notice, in care of the CITY MANAGER, to notify
the CITY of the maintenance deficiencies . From the date of
receipt of the notice, the CITY shall have a period of thirty
(30) calendar days, within which to correct the cited
deficiency or deficiencies . Receipt is determined in
accordance with Section 5 of this AGREEMENT.
If said deficiencies are not corrected within this time
period, the DEPARTMENT may, at its option, proceed as follows :
a. Maintain the decorative pavers, or a part thereof and
invoice the CITY for expenses incurred; or
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b. Terminate this AGREEMENT in accordance with Section 7,
remove any or all decorative pavers located within the
PROJECT LIMITS, and charge the CITY the reasonable cost
of such removal .
5. NOTICES
All notices, requests, demands, consents, approvals, and
other communication which are required to be served or given
hereunder, shall be in writing and shall be sent by certified
U. S . mail, return receipt requested, postage prepaid,
addressed to the party to receive such notices as follows :
To the DEPARTMENT: Florida Department of Transportation
1000 Northwest 111 Avenue, Room 6205
Miami, Florida 33172-5800
Attn: District Maintenance Engineer
To the CITY: City of Sunny Isles
18070 Collins Avenue, 4th Floor
Sunny Isles Beach, Florida 33160
Attention: City Manager
With a copy to: City of Sunny Isles
18070 Collins Avenue, 4th Floor
Sunny Isles Beach, Florida 33160
Attention: City Attorney
City of Sunny Isles
18070 Collins Avenue, 3rd Floor
Sunny Isles Beach, Florida 33160
Attention: Public Works Director
Notices shall be deemed to have been received by the end of
five (5) business days from the proper sending thereof unless
proof of prior actual receipt is provided.
6. REMOVAL, RELOCATION OR ADJUSTMENT OF THE DECORATIVE PAVERS
a. The PARTIES agree that the decorative pavers addressed
by this AGREEMENT may be removed, relocated or adjusted
at any time in the future, at the DEPARTMENT' s sole
discretion. In the event that the DEPARTMENT relocates
or adjusts the decorative pavers, the CITY' s maintenance
responsibilities will survive the . relocation or
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adjustment, as long as the materials remain within the
PROJECT LIMITS.
b. In the event that the DEPARTMENT is required to replace
the sidewalk at any time as part of maintenance
activities, a roadway project, or related construction
activities, the DEPARTMENT shall replace the same as a
concrete type sidewalk, and the CITY' s maintenance
obligations under this AGREEMENT shall terminate .
However, the CITY may, with the approval of the
DEPARTMENT, upgrade the sidewalk type at its sole cost
and expense with the understanding that the CITY shall
assume all maintenance obligations for the upgraded
sidewalk, and enter into a new maintenance agreement .
7 . TERMINATION
In addition to the provisions of Section 6 (b) hereunder, this
AGREEMENT is subject to termination under any one of the
following conditions :
a. By the DEPARTMENT, if the CITY fails to perform its
duties under Section 3 of this AGREEMENT, following the
thirty (30) days written notice, as specified in Section
4 of this AGREEMENT.
b. In accordance with Section 287 . 058 (1) (c) , Florida
Statutes, the DEPARTMENT shall reserve the right to
unilaterally cancel this AGREEMENT if the CITY refuses
to allow public access to any or all documents, papers,
letters, or other materials made or received by the CITY
pertinent to this AGREEMENT unless the records are
exempt from Section 24 (a) of Article I of the State
Constitution and Section 119 . 07 (1) , of the Florida
Statutes .
c. If mutually agreed to by both parties, upon thirty (30)
days written advance notice . An agreement to terminate
shall be valid only if made in writing and executed with
the same formalities as this AGREEMENT.
d. By the CITY, upon thirty (30) days advance written notice
to the DEPARTMENT.
Prior to termination of the AGREEMENT under this
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Section, the CITY shall, at its sole cost and expense,
remove all pavers and restore the area to a standard
concrete sidewalk, in accordance with the DEPARTMENT' S
guidelines, standards, and procedures, and to the
satisfaction of the DEPARTMENT.
8 . TERMS
a. The effective date of this AGREEMENT shall commence upon
execution by the PARTIES and shall continue so long as
the decorative pavers remain in place until termination
as set forth in Section 6 (b) or Section 7 .
b. E-Verify
The CITY/ Contractors or Vendors 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.
c. 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.
d. This AGREEMENT shall not be transferred or assigned, in
whole or in part, without the prior written consent of
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the DEPARTMENT.
e . This AGREEMENT shall be governed by and constructed in
accordance with the laws of . the State of Florida. Any
provisions of this AGREEMENT found to be unlawful or
unenforceable shall be severable and shall not affect the
validity of the remaining portions of the AGREEMENT.
f. Venue for any and all actions arising out of or in
connection to the interpretation, validity, performance
or breach of this AGREEMENT shall lie exclusively in a
state court of proper jurisdiction in Leon County,
Florida.
g. A modification or waiver of any of the provisions of
this AGREEMENT shall be effective only if made in writing
and executed with the same formality as this AGREEMENT.
i . The section headings contained in this AGREEMENT are for
reference purposes only and shall not affect the meaning
or interpretation hereof.
j . 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.
k. The DEPARTMENT is a state agency, self-insured and
subject to the provisions of Section 768 . 28, Florida
Statutes, as may be amended from time to time . Nothing
in this AGREEMENT shall be deemed or otherwise
interpreted as waiving the DEPARTMENT' s sovereign
immunity protections, or as increasing the limits of
liability as set forth in Section 768 . 28, Florida
Statutes .
9. INDEMNIFICATION
Subject to Section 768 . 28, Florida Statutes, as may be
amended from time to time, the CITY shall promptly indemnify,
defend, save and hold harmless the DEPARTMENT, its officers,
agents, representatives and employees from any and all
losses, expenses, fines, fees, taxes, assessments,
penalties, costs, damages, judgments, claims, demands,
liabilities, attorneys fees, (including regulatory and
appellate fees) , and suits of any nature or kind whatsoever
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caused by, arising out of, or related to the CITY' s exercise
or attempted exercise of its responsibilities as set out in
this AGREEMENT, including but not limited to, any act,
action, neglect or omission by the CITY, its officers,
agents, employees or representatives in any way pertaining
to this AGREEMENT, whether direct or indirect, except that
neither the CITY nor any of its officers, agents, employees
or representatives will be liable under this provision for
damages arising out of injury or damages directly caused or
resulting from the negligence of the DEPARTMENT.
The CITY' s obligation to indemnify, defend and pay for the
defense of the DEPARTMENT, or at the DEPARTMENT' s option, to
participate and associate with the DEPARTMENT in the defense
and trial of any claim and any related settlement
negotiations, shall be triggered immediately upon the CITY' s
receipt of the DEPARTMENT' s notice of claim for
indemnification. The notice of claim for indemnification
shall be deemed received if the DEPARTMENT sends the notice
in accordance with the formal notice mailing requirements
set forth in Section 5 of this AGREEMENT. The DEPARTMENT' s
failure to notify the CITY of a claim shall not release the
CITY of the above duty to defend and indemnify the
DEPARTMENT.
The CITY shall pay all costs and reasonable attorney' s fees
related to this obligation and its enforcement by the
DEPARTMENT. The indemnification provisions of this section
shall survive termination or expiration of this AGREEMENT,
but only with respect to those claims that arose from acts
or circumstances which occurred prior to termination or
expiration of this AGREEMENT.
The CITY' s evaluation of liability or its inability to
evaluate liability shall not excuse the CITY' s duty to defend
and indemnify the DEPARTMENT under the provisions of this
section. Only an adjudication or judgment, after the highest
appeal is exhausted, specifically finding the DEPARTMENT was
solely negligent shall excuse performance of this provision
by the CITY.
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IN WITNESS WHEREOF, the parties hereto have caused these
presents to be executed the day and year first above written.
CITY OF SUNNY ISLES : STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION:
BY: BY: ::a
CITY Ma ,or ' ' tfict` Director of
� ransportation Operations
,r
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ATT 411111W'c•., ,1 --- — -EAL) ATTEST. _ ���
CITY Cl-rk Executive Sec -tary • ���
• LEGAL REVIEW:
j iti
BY /L i BY: a..L..•` 4 ,l .1•
Attorney District CIO of Counsel
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EXHIBIT `A '
PROJECT LIMITS
Below are the limits of the decorative pavers to. be maintained by
the CITY under this AGREEMENT.
State Road Number: S .R. AlA/Collins Avenue
Agreement Limits : Property perimeters abutting S .R.A1A/Collins
Avenue with the following addresses/property
information:
17475 Collins Avenue, Folio Number 31-2211-
004-0160
And
17501 Collins Avenue, Folio Number 31-2211-
004-0300
And
19575 Collins Avenue, Folio Number 31-2202-
052-0001
County: Miami-Dade
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EXHIBIT `B '
CITY OF SUNNY ISLES BEACH RESOLUTION
To be herein incorporated once ratified by the CITY Board of
Commissioners .
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