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HomeMy WebLinkAboutReso 2002-412 RESOLUTION NO. 2002- ~ J A; A RESOLUTION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING AN AGREEMENT BETWEEN THE FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT"), AND THE CITY OF SUNNY ISLES BEACH, ATTACHED HERETO AS EXHIBIT "A", FOR STAMPED ASPHAL T SIDEWALKS AND CROSSWALKS, ON COLLINS AVENUE; PROVIDING FOR THE CITY MANAGER THE AUTHORITY TO DO ALL THINGS TO EFFECTUATE SAID AGREEMENT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission believes that stamped asphalt would beautify, and enhance the ambiance of the City. WHEREAS, the Florida Department of Transportation will, at its sole expense, construct the stamped asphalt sidewalks and new decorative concrete crosswalks with the project limits as described by Exhibit" A". WHEREAS, the City Commission wishes to review and approve the proposed Agreement for these services embodying the terms set forth herein; NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Sectionl. Approval of Contract: The proposed Agreement by and between The Florida Department of Transportation and the City of Sunny Isles Beach for construction and installation of stamped asphalt sidewalks and crosswalks, at its sole expense, at the location more fully set forth as Exhibit "A", hereto, be, and the same is, hereby approved. Section 2. Authority of the City Manager: The City Manager is hereby authorized to do all things to effectuate the Agreement. Section 3. Effective Date. This Resolution shall become ef PASSED AND ADOPTED this 1 ih day of January, ATTEST: 1;t~~ Richard Brown-Monlla, CIty Clerk Legislative/Resolutions/Florida Department of Transportation Approval of Contract For Stamped asphalt Concrete Sidewalks and Crosswalks 1118/02 (eb) APPROVED AS TO FORM AND LEGAL SUFFICIENCY: VOTE: S-() Mayor Samson Vice Mayor Iglesias Commissioner Edelcup Commissioner Goodman Commissioner Kauffman yes~o_ yes~o yes~o_ yes ---=----.J1 0 yes~no_ Legislative/Resolutions/Florida Department of Transportation Approval of Contract For Stamped asphalt Concrete Sidewalks and Crosswalks 1118/02 (eb) ~~~:~~~ ~~~~~ 2 DEPARTMENT OF TRANSPORT A TION ST AMPED ASPHALT AND CROSSWALK MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE CITY OF SUNNY ISLES BEACH This AGREEMENT, entered into this 17th day of January, 2002, by and between the ST ATE OF FLORIDA, Department of Transportation, a component agency of the State of Florida, hereinafter called the DEPARTMENT and the CITY OF SUNNY ISLES BEACH, a municipal corporation of the State of Florida, existing under the laws of the State of Florida, hereinafter called the CITY. WITNESSETH: WHEREAS, as a part of the continual updating40f the State of Florida Highway System, the DEPARTMENT, for the purpose of safety, has performed improvements within the intersection of that part of the State Highway System described by Exhibit "A", which by reference hereto shall become a part hereof, within the corporate limits of the CITY; and WHEREAS, the CITY hereto is of the opinion that said improvements shall also contain stamped asphalt sidewalks as well as decorative stamped asphalt crosswalks; and WHEREAS, the parties hereto mutually recognize the need for entering into an agreement designating and setting forth the responsibilities of each party; and WHEREAS, the CITY, at its sole expense, herein agrees to perpetually assume the maintenance responsibilities for the stamped asphalt sidewalks, stamped asphalt crosswalks with the project limits described in Attachment "A", and in exchange, the DEPARTMENT will, at its sole expense, construct the decorative stamped asphalt sidewalk and new decorative stamped asphalt crosswalks; and WHEREAS, the CITY, by Resolution No. 2002-412, dated January 17, 2002, attached hereto as Attachment "B", which by reference hereto shall become a part hereof, desires to enter into this AGREEMENT and authorizes its officers to do so. NOW THEREFORE, and in consideration of the mutual benefits to flow each to the other, the parties covenant and agree as follows: 1. CITY'S MAINTENANCE RESPONSIBILITY The CITY shall be responsible at no cost to the DEPARTMENT for the maintenance of all decorative stamped asphalt sidewalks and decorative stamped asphalt crosswalks with the project limits described by Attachment "A". The CITY shall be responsible for performing the work described below: Exhibit" A" 1.1. Replace any damaged decorative stamped asphalt sidewalk and any decorative stamped asphalt crosswalk or any part thereof which may present a safety hazard for those using or intending to use the right-of-way. 1.2. In the event that the decorative stamped asphalt crosswalk and sidewalk are damaged due to construction by the DEPARTMENT or any third party permitted by the DEPARTMENT, the crosswalk and sidewalk shall be restored promptly to its original condition by the DEPARTMENT or the third responsible party at no cost to the CITY. The CITY shall not be liable for any damages, claims losses or actions arising out of such damages. 2. DEPARTMENT'S RESPONSIBILITY. The DEPARTMENT shall construct and install the decorative stamped asphalt crosswalk and decorative stamped asphalt sidewalk at no cost to the CITY. 3. MAINTENANCE DEFICIENCIES If, at any time while the terms of this AGREEMENT are in effect, it shall come to the attention of the DISTRICT MAINTENANCE ENGINEER that the CITY'S responsibility as established herein or a part thereof is not being properly accomplished pursuant to the terms of this AGREEMENT, said DISTRICT MAINTENANCE ENGINEER may at his option issue a written notice in care of the CITY MANAGER, to place said CITY on notice thereof. Thereafter, the CITY shall have a period of sixty (60) calendar days to correct the cited deficiencies if said deficiencies are deemed valid. If said deficiencies are not corrected within this time period, the DEPARTMENT may at its option, proceed as follows: 3.1. Repair and/or replace the decorative stamped asphalt sidewalk or decorative stamped asphalt crosswalk declared deficient with DEPARTMENT and/or a Contractor's material, equipment and personnel and charge reasonable cost for such work to the CITY; or 3.2. Terminate this Agreement in accordance with Paragraph 5 herein and remove, by DEPARTMENT and/or independent Contractor's personnel the decorative stamped asphalt sidewalk and all of the decorative stamped asphalt crosswalk areas, installed under this Agreement and charge the CITY for the reasonable cost of such removal. 2 4. PAVERS AND MODIFICATION It is understood between the parties hereto that the decorative stamped asphalt sidewalk and/or decorative stamped asphalt crosswalk covered by this AGREEMENT may be removed, relocated or adjusted at any time in the future as found necessary by the DEPARTMENT in order that the adjacent state road be widened, altered or otherwise changed and maintained to meet with future criteria or planning of the DEPARTMENT. 5. TERMINATION This AGREEMENT or part thereof is subject to termination under anyone ofthe following conditions: 4 5.1. In the event the DEPARTMENT exercises the option identified by Item Three (3) of this AGREEMENT. 5.2. As mutually agreed to by both parties. 5.3.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 which are subject to provisions of Chapter 119, of the Florida Statutes. 6. The terms of the AGREEMENT shall commence upon execution of this AGREEMENT by both parties. 7. This writing embodies the entire AGREEMENT and understanding between the parties hereto and there are not other agreements and understanding, oral or written reference to the subject matter hereof that are not merged herein and superseded hereby. 8. This AGREEMENT is nontransferable and non-assignable in whole or in part without consent of the DEPARTMENT. 9. This AGREEMENT, regardless of where executed shall be governed by, and constructed according to the laws of the State of Florida. 10. LIABILITIES To the extent permitted by law and subject to the specific limits of Section 768.28 (5) Florida Statutes, the CITY covenants and agrees that it will indemnify and hold harmless the DEPARTMENT and all of the DEPARTMENT's officers, agents 3 and employees from any claim, loss, damage, cost, charge or expense arising out of any act, action, neglect or omission by the CITY in the performance of this AGREEMENT. Neither the CITY nor any of their officers, agents or employees will be liable under this section for damages arising out of injury or damage to persons or properties directly caused or resulting from sole negligence of the DEPARTMENT or any of its officers, agents or employees. It is agreed that the DEPARTMENT will indemnify and hold harmless the CITY, its public officials, employees, and agents from any claim arising out of any act, action, neglect or omission by the DEPARTMENT in the performance of this AGREEMENT. II. NOTICES All notices, requests, demands, conseIlJs, approvals, and other communication which are required to be served or given hereunder, shall be in writing and shall be sent by registered mail or certified U.S. mail, return receipt requested, postage prepaid, addressed to the party to receive such notices as follows: To DEPARTMENT: Florida Department of Transportation 1000 Northwest Illth Avenue, Room 6207 Miami, Florida 33172-5800 Attention: Director of Operations To CITY: City of Sunny Isles Beach 17070 Collins Avenue, Suite 250 Sunny Isles Beach, Florida 33160 Attention: Christopher J. Russo, City Manager Lynn M. Dannheisser, City Attorney IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day and year first above written. 4 SIDEWALK AND CROSSWALK MAINTENANCE AGREEMENT WITH THE CITY OF SUNNY ISLES BEACH. CITY OF SUNNY ISLES BEACH BY:crr~~ ~ :J *' 1'~~.' . -~ ~ -.., ~, t~}~ .) ." "'- . . . J' ~(, J 'i' 1,/ '-..,.,t , ., - " . .-..~. , w _..,~ .... .... >( i--,,'''h. .,....... .;p , ....., A.fiEST:. f-" 1 1-. .j' \ , ; ; Ci~Clerk STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY: ATTEST: ~' j ,,".. wI ~;. 1'.'-. . ~..... < ., ..> ..... lit ~ - /.-t.... '.,.~ .. , -'WI' APPROVED AS TO LEGAL FORM: By:4--UJ.CL-- . City Attorney BY: ~.:() ~a District General Counsel 5 AITACHMENT I~" Below are the locations of the crosswalks and sidewalks to be maintained by the City of Sunny Isles Beach under this AGREEMENT. STATE ROAD LOCAL NAME FROM TO I LENGTH OF I PROJECT AlA COLLINS AVE 0.1 Miles ~. 6 Attachment "B" RESOLUTION NO. 2002- ~ J A; A RESOLUTION OF THE CITY OF SUNNY ISLES BEAC_H, FLORIDA, APPROVING AN AGREEMENT BETWEEN THE FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT"), AND THE CITY OF SUNNY ISLES BEACH, ATTACHED HERETO AS EXHIBIT "A", FOR ST AMPED ASPHALT SIDEWALKS AND CROSSWALKS, ON COLLINS AVENUE; PROVIDING FOR THE CITY MANAGER THE AUTHORITY TO DO ALL THINGS TO EFFECTUATE SAID AGREEMENT; PROVIDING FOR AN EFFECTIVE DATE. \VHEREAS, the City Commission believes that stamped asphalt would beautify, and enhance the ambiance ofthe City. \VHEREAS, the Florida Department of Transportation will, at its sole expense, construct the stamped asphalt sidewalks and new decorative concrete crosswalks with the project limits as described by Exhibit "A". . WHEREAS, the City Commission wishes to review and approve the proposed Agreement for these services embodying the terms set forth herein; NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Approval of Contract: The proposed Agreement by and between The Florida Department of Transportation and the City of Sunny Isles Beach for construction and installation of stamped asphalt sidewalks and crosswalks, at its sole expense, at the location more fully set forth as Exhibit "A", hereto, be, and the same is, hereby approved. Section 2. Authoritv of the City Manager: The City Manager is hereby authorized to do all things to effectuate the Agreement. Section 3. Effective Date. This Resolution shall become ef PASSED AND ADOPTED this 1 ih day of January, I . '. (' ,;ATTEST: '..1/..... . . .. ) ) . or; ".' ~ : -:. ~.\ .~~Jij~~ Ri~hardBrown-~orilla, City Clerk Legislative/ResolutionslF1orida Department ofTransportation ApproYaI of Contract For Sta~d asphalt Concrete Sidewalks and CrossWa11cs 1/18/02 (eb) APPROVED AS TO FORM AND LEGAL SUFFICIENCY: VOTE: S -() Mayor Samson Vice Mayor Iglesias Commissioner Edelcup Commissioner Goodman Commissioner Kauffman yes~o_ yes~o yes~o_ yes ---=----.J10 yes~no_ LegisiativeIResolutionslFlorida Department of Transportation Approval of Contract For Slan1JCd aspbah Conctele Sidewalks and Crosswalks 1/18102 (eb) ~::~~: ~~~~ 2 SONY tS<F s F City of Sunny Isles Beach ° 0' 17070 Collins Avenue Suite 250 r i Sunny Isles Beach, Florida 33160 p 947 City Hall „ * (305) -0606 's s N sp' P *..:FLOR�� tiF (305) 949-3 1 13 Fax � Sir C,T o (305) 947 -2150 Building Department y O F SUN Pa (305) 947 -5107 Fax MEMORANDUM To: George Fisher Grant Coordinator From: :Richard Brown 1Vlorilla `City Clerk V" Date: January 23, 2002 Re: Resolution No. 2002 -412 Approving an Agreement with FDOT City Commission David Samson, Mayor Danny Iglesias, Vice Mayor Norman S. Edelcup, Commissioner Gerry Goodman, Commissioner Lila Kauffman, Commissioner Christopher J. Russo, City Manager Lynn M. Dannheisser, City Attorney Richard Brown - Morilla, City Clerk At the January 17, 2002 City Commission meeting, an Agreement by and between the City of Sunny Isles Beach and the Florida Department of Transportation for the construction of stamped asphalt sidewalks and crosswalks on Collins Avenue, was approved. We are hereby enclosing four (4) original copies of the Consultant Agreement for signature (along with a certified copy of Resolution No. 2002 -412 attached as Attachment `B "). Please request that FDOT return two (2) original, executed copies to my attention. Thank you. RBM :jah Enclosures c: Commissioner Gerry Goodman, Chairperson of CTST & ADA Committee James Watts, Public Works Director Jean Watson, Finance Director Cecille Hayles, Contract Administrator F * FLO O C"tr OF SUN P� City of Sunny Isles Beach 17070 Collins Avenue, Suite 250 Sunny Isles Beach, Florida 33160 (305) 947 -0606 City Hall (305) 949 -3113 Fax (305) 947 -2150 Building Department (305) 947 -5107 Fax MEMORANDUM TO: The Honorable Mayor and City Commission FROM: Christopher J. Russo, City Manager qt<' DATE: January 17, 2002 City Commission David Samson, Mayor Danny Iglesias, Vice Mayor Norman S. Edelcup, Commissioner Gerry Goodman, Commissioner Lila Kauffman, Commissioner Christopher J. Russo, City Manager Lynn M. Dannheisser, City Attorney Richard Brown - Morilla, City Clerk RE: APPROVAL OF FLORIDA DEPARTMENT OF TRANSPORTATION CROSSWALK AGREEMENT RECOMMENDATION It is recommended that the City Commission adopt the attached resolution entering into an agreement with the Florida Department of Transportation (FDOT) for the construction of decorative concrete sidewalks and crosswalks on Collins Avenue. REASON On a continual basis, FDOT updates and improves the Florida Highway System. The City has expressed its desire that these updates and improvements (within City limits) include decorative concrete sidewalks and crosswalks. These decorative improvements will be aesthetically pleasing and provide for safe pedestrian crossings on Collins Avenue, which will complement the Collins Avenue Medians Beautification project. ADDITIONAL INFORMATION FDOT will construct and install the concrete sidewalks. and brick paver crosswalks, and the City will be responsible for their maintenance. The design and type of brick is specified in the Commission approved Streetscape Plan. CJR/pw Agenda Item Fdot - Crosswallc Agenda Memo Date )-0-071J Florida Department of Transportation JEB BUSH GOVERNOR May 28, 2004 Mr. George Fisher Grants Cooridnator 17070 Collins Ave., Suite 256 Sunny Isle Beach, FL 33160 1000 Northwest 111 th Avenue Miami, Florida 33172 -5800 Re: Maintenance Agreement (FM 40968) Dear Mr. Fisher: JOSE ABREU SECRETARY Ate ,L ✓U FQ OFF °FS p 4 ?pp rCFo" yf /s, 4 ciTy� ER�y Please find enclosed two executed Maintenance Agreements for the subject project. Thank you. incer ly, David J. Mend z E. Consultant Project Manager Cc: Gus Pego, P.E., District Director of Operations Rory Santana, P.E., Traffic Operations Engineer Ali Toghiani, P.E., Senior Project Manager www.dot.statell.us ® RECYCLED PAPER