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HomeMy WebLinkAboutReso 2017-2689 RESOLUTION NO. 2017- Zget A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) FOR THE INSTALLATION OF A STREET LIGHTING SYSTEM AND ASSOCIATED COMPONENTS ON COLLINS AVENUE; AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sunny Isles Beach (the "City") has entered over the years in multiple agreements with the FDOT; and WHEREAS, the FDOT and the City have agreed to enter into several maintenance memorandum of agreements("MMOA") for certain improvements that are being upgraded; and WHEREAS, the City and FDOT want to expedite the permitting process for the installation Streetlights on Collins Avenue; and WHEREAS, the City Commission wishes to authorize the City Manager to enter into the Maintenance Agreements for these upgrades. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Approving the Authorization to the City Manager. The City Commission hereby authorizes the City Manager to execute the Maintenance Agreements with FDOT, attached hereto as Exhibit"A". Section 2. Authorization of City Manager. The City Manager is authorized to do all things necessary to effectuate the terms of the Resolution. Section 3. Effective Date. This Resolution shall become effective upon adoption. PASSED AND ADOPTED this 20th day of : •ril 20 7. Georg- . Scholl, Mayor FDOT Streetlight Maintenance Agreement Page 1 of 2 AT1 :S AI .0111111 1 `Jane • . ' ine MC, City Clerk I � ' 0 APPROVED�AS TO FORM R f Pit' �!�t AND•LEGA l S FFICIENCY: Amyl !s! rot, City Attorney Moved by: CQMy{111SSIONE4 CATO Seconded by: (C� M4106- GOL1 W1'#/4 Vote: Mayor Scholl I (Yes) (No) Vice Mayor Goldman /_(Yes) (No) Commissioner Aelion -ASSOr (Yes) (No) Commissioner Gatto ✓(Yes) (No) Commissioner Svechin /(Yes) (No) FDOT Streetlight Maintenance Agreement Page 2 of 2 FLORIDA DEPARTMENT OF TRANSPORTATION LIGHTING SYSTEM AND ASSOCIATED COMPONENTS MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE CITY OF SUNNY ISLES BEACH This AGREEMENT, entered into on , 20 , 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 BEACH, 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 (SR) AlA (Collins Avenue) from Bayview Drive to NE 192nd Street, which are located within the limits of the CITY; and B. The CITY, pursuant to Permit Number # 2016 C 691 18, has drafted design plans for lighting improvements on SR-AlA, 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 a new lighting system, and associated lighting components, along SR-AlA within the PROJECT LIMITS, in accordance with the design plans for Permit Number # 2016 C 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 existing and proposed lighting systems and associated lighting components installed pursuant to the Project; and E. The CITY, by Resolution No. , dated attached hereto as Exhibit 'B' , which by reference shall become a part of this AGREEMENT, desires to enter into this AGREEMENT and authorizes its officers to do so. Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Sunny Isles Beach Page 1 of 13 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 existing and proposed lighting systems and associated lighting components (collectively the "IMPROVEMENTS") within the PROJECT LIMITS to the CITY upon the DEPARTMENT' s issuance of the executed Permit to the CITY. 3 . CITY' S MAINTENANCE RESPONSIBILITIES So long as the IMPROVEMENTS remain in place, the CITY shall be responsible for the maintenance of the same. The CITY shall maintain the IMPROVEMENTS 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. The CITY shall further maintain the IMPROVEMENTS 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. Maintaining a service log of all maintenance operations that sets forth the date of the maintenance activity, the location that was maintained, and the work that was performed. b. 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 Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Sunny Isles Beach Page 2 of 13 area Permit Manager and in accordance with the District Six Lane Closure Policy, as may be amended from time to time. 3 .2 Roadway Lighting Requirements : The CITY shall be responsible at no cost to the DEPARTMENT for the maintenance of all the Roadway Lighting System, and associated components within the project limits . The CITY shall be responsible for performing the work described below: a. The parties herein agree that the lighting system includes : light poles, attached signs, light fixtures, luminaire, foundations, pull-boxes, conductors, conduits, load centers, and all wiring from the tie-in (service point) location with the power company to the load center and from the load center to the components that make up the lighting system. b. The CITY shall maintain the entire lighting systems at a minimum of 95% operational at all times . c. The CITY assumes responsibility for the cost of electricity, maintenance and repairs to the entire lighting systems . d. The CITY is responsible for the removal, disposal and replacement of knock-down light poles and light poles foundation caused by traffic accidents in a manner that will protect the general public. e . The CITY shall replace stolen wire and any other component of the lighting system affected by theft and vandalism. The existing electrical panel and circuit wires shall be maintained by the CITY. f. The CITY shall conduct the lighting system work in a manner as to ensure the least practical interference with the roadway and pedestrian. g. The CITY shall perform all work in accordance with the latest laws of the State of Florida, applicable municipal ordinances, regulations and requirements of the Public Services Commission, the current standard of Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Sunny Isles Beach Page 3 of 13 the National Electric Code, the latest edition of the Department of Transportation Standard Specifications for Road Bridge Construction, and the latest edition of the Manual on Uniform Traffic Control Devices for Streets and Highways (MUTCD) and amendments thereto. h. In the event that the lighting system is damaged due to construction by the DEPARTMENT, or any third party permitted by the DEPARTMENT, the lighting system 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 . i . It is understood between the parties hereto that the Electric System 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. 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 existing and proposed lighting systems, and associated lighting components, 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, Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Sunny Isles Beach Page 4 of 13 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 roadway lighting system, or a part thereof and invoice the CITY for expenses incurred; or b. Terminate this AGREEMENT in accordance with Section 7, remove any or all the roadway lighting system 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, 3rd 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 Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Sunny Isles Beach Page 5 of 13 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 ROADWAY LIGHTING a. The PARTIES agree that the IMPROVEMENTS 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 roadway lighting system, the CITY' s maintenance 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 roadway lighting system at any time as part of maintenance activities, a roadway project, or related construction activities, the DEPARTMENT shall replace the roadway lighting system with a standard lighting system, and the CITY' s maintenance obligations under this AGREEMENT shall terminate. However, the CITY may, with the approval of the DEPARTMENT, upgrade the roadway lighting system at its sole cost and expense with the understanding that the CITY shall assume all maintenance obligations for the upgraded roadway lighting system, 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 Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Sunny Isles Beach Page 6 of 13 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 Section, the CITY shall, at its sole cost and expense, remove all the proposed lighting systems, and associated lighting components, to a standard roadway lighting system, in accordance with the DEPARTMENT' S guidelines, standards, and procedures, and to the satisfaction of the DEPARTMENT, and shall further any remaining IMPROVEMENTS, and restore the area to the same or similar condition as existed prior to the installment of the IMPROVEMENTS, 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 IMPROVEMENTS remain in place until termination as set forth in Section 7 . b. E-Verify The CITY 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 Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Sunny Isles Beach Page 7 of 13 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 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. Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Sunny Isles Beach Page 8 of 13 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 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. Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Sunny Isles Beach Page 9 of 13 • 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 10 of 13 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day and year first above written. CITY OF SUNNY ISLES BEACH: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION: • BY BY: • District Director of • CITY Manager Transportation Operations • . • _". . I • - till_Air.-- ' ( -1 ATTEST (SEAL)(SEAL) ATTEST: • I CITY ClerS Executive Secretary • • LEGAL REVIEW: (1044— BY. BY: ytt-Yr Att*ney District Chief Counsel • • Maintenance Meinorandum of Agreement between Florida Department of Transportation and City of Sunny Isles Beach Page 11 of 13 EXHIBIT 'A ' PROJECT LIMITS Below are the limits of the existing and proposed lighting systems, and associated lighting components, to be maintained by the CITY under this AGREEMENT. State Road Number: AlA Local Street Names : Collins Avenue Agreement Limits : From Bayview Drive to NE 192nd Street County: Miami-Dade Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Sunny Isles Beach Page 12 of 13 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 13 of 13