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HomeMy WebLinkAboutReso 2016-2508 RESOLUTION NO. 2016-2508 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 AT 17875, 17749, AND 17555 COLLINS AVENUE, 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") has requested over the years as a redevelopment condition that the side sidewalks of Collins Avenue be upgraded to pavers; and WHEREAS, the Florida Department of Transportation ("FDOT") and the City have agreed to enter into a maintenance of agreement ("MOA") for certain sidewalks that are being upgraded to pavers; and WHEREAS, the City Commission agrees on the replacement of sidewalks from concrete to pavers and accepts the MOA from FDOT 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. Approving the Maintenance Agreement. The Agreement between FDOT and the City for the installation of Sidewalk Pavers at 17875, 17749, and 17555 Collins Avenue attached hereto as Exhibit "A", is hereby approved. Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute said .. Agreement. 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 :.• adoption. PASSED AND ADOPTED this 21St day of January 201. George . Scholl, Mayor FDOT Maintenance Agreement—17875/17749/17555 Collins Ave Page 1 of 2 I ATTEST: . A ►___A, _. ; Jane A. ' ines, MM , City Clerk I APPRO• 4. i AS TO FORM AND L FFICIENCY: , `i lilA Ha ! ttinot, Ci y Attorney Moved by: ( GQLt M Seconded by: Vote: s—b Mayor Scholl 1/(Yes) (No) Vice Mayor Gatto L/(Yes) (No) Commissioner Aelion ✓(Yes) (No) Commissioner Goldman ( 'es) (No) Commissioner Levin /(Yes) (No) FDOT Maintenance Agreement—17875/17749/17555 Collins Ave 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 JGC O,C1124 , 20(x, by and between the STATE OF FLORIDA DEPARTMENT OF RANSPORTATION, 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 16, 2015 L 691 17 and 2015 L 691 18, has drafted design plans. for beautification improvements on S. R. AIA/Collins Avenue with abutting properties (addresses 17555 Collins Avenue, Folio Number 31-2211-062-0001; 17749 Collins Avenue, Folio Number 31-2211-004-0340 and 17875 Collins Avenue, Folio Number 31-2211-071-0001) , 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 16, 2015 L 691 17 and 2015 L 691 18 (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.Alb-i2508 , dated awvon 2� aold , attached hereto as Exhibit `B' , which by reference shall Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Sunny Isles Beach Page 1 of 12 become a part of this AGREEMENT, desires to enter into this AGREEMENT and authorizes its officers to do so. NOW, THEREFORE, for and in consideration of the mutual benefits contained herein and other good and valuable consideration, the PARTIES covenant and agree as follows: 1 . RECITALS The recitals in this AGREEMENT are true and correct, and are incorporated herein by reference and made a part hereof. 2 . ASSIGNMENT OF MAINTENANCE 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 Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Sunny Isles Beach Page 2 of 12 that sets forth the date of the maintenance activity, 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 . • Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Sunny Isles Beach Page 3 of 12 h . For any routine repairs or replacement due to. noticeable 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 Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Sunny Isles Beach Page 4 of 12 • • 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 Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Sunny Isles Beach Page 5 of 12 responsibilities 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 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. Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Sunny Isles Beach Page 6 of 12 Prior to termination of the AGREEMENT under this 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 Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Sunny Isles Beach Page 7 of 12 whole or in part, without the prior written consent of 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 Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Sunny Isles Beach Page 8 of 12 appellate fees) , and suits of any nature or kind whatsoever 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. Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Sunny Isles Beach Page 9 of 12 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: CITY May r VDistri, 3 D rep for of Transp,)rtation Operations / A - SEAL) ATTEST: CITY Clerk:.. Executive Secretary - LEGAL. REVIEW: - BY / ,//I!A AWE" BY: CI' Y Attorney District Chief Founsel Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Sunny Isles Beach Page 10 of 12 • 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: 17555 Collins Avenue, Folio Number 31-2211- 062-0001 And 17749 Collins Avenue, Folio Number 31-2211- 004-0340 And 17875 Collins Avenue, Folio Number 31-2211- 071-0001 County: Miami-Dade Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Sunny Isles Beach Page 11 of 12 EXHIBIT 'B ' CITY OF SUNNY ISLES BEACH RESOLUTION To be herein incorporated once ratified by the CITY Board of Commissioners. • Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Sunny Isles Beach Page 12 of 12 1/15/2016 Item Coversheet 19 p S 004 ,,, City of Sunny Isles Beach U "' ;,z 18070 Collins Avenue 4 ! r Sunny Isles Beach,Florida 33160 S. s, v*se (305)947-0606 City Hall x`'11. s0 +° (305)949-3113 Fax • X01 EUM� ( ) MEMORANDUM • TO: The Honorable Mayor and City Commission VIA: Christopher J. Russo,City Manager FROM: Claudia Hasbun, Planning and Zoning Manager DATE: 1/21/2016 Florida Department of Transportation(FDOT) RE: , Agreement Sidewalk pavers at Acqualina, Mansions at Acqualina, and Pinnacle Condominium RECOMMENDATION: This Resolution is presented for your consideration. REASONS: The City of Sunny Isles Beach has requested as a redevelopment condition that the sidewalks be upgraded from concrete to pavers. This agreement covers Acqualina, The Mansions at Acqualina, and Pinnacle Condominium located at 17875, 17749, and 17555 Collins Avenue, respectively.The project is ready to comply with the condition and this agreement is a requirement for the proper permitting with the State. ATTACHMENTS: Description Resolution Agreement Item Number: 10.E. httpl/sunnyisles.novusagenda.com/AgendaW eb/CoverSheet.aspx?Item ID=1830 1/1