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)
~~~:~~~ ~~~~~
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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.
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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:
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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
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A.fiEST:.
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, ; ; Ci~Clerk
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
BY:
ATTEST:
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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
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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
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,;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
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City of Sunny Isles Beach
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17070 Collins Avenue Suite 250
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Sunny Isles Beach, Florida 33160
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947 City Hall
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(305) -0606
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(305) 949-3 1 13 Fax
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(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
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OFF °FS p 4 ?pp
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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
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