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HomeMy WebLinkAboutReso 2018-2801 RESOLUTION NO. 2018 - Zoo A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING AN OFF- SYSTEM CONSTRUCTION AND MAINTENANCE AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT") FOR THE REHABILITATION OF THE ATLANTIC ISLE BRIDGE, ATTACHED HERETO, IN SUBSTANTIALLY THE SAME FORM, AS EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT, PROVIDED SAID AGREEMENT IS FIRST REVIEWED BY THE CITY ATTORNEY AS TO FORM AND LEGAL SUFFICIENCY; AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sunny Isles Beach is the owner of the historically designated Atlantic Isle Bridge ("bridge"); and WHEREAS, the bridge is in need of rehabilitation and restoration to remain in a safe and operable condition; and WHEREAS, the bridge is currently part of the FDOT Work Program listed as Project No. 430029-1-32-01, a project fully funded by the State of Florida; and WHEREAS, the City wishes to enter into an Off-System Construction and Maintenance Agreement to authorize the Florida Department of Transportation to perform the rehabilitation and restoration work on the Atlantic Isle Bridge, attached hereto, in substantially the same form, as 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 Agreement. The City Commission hereby approves an Off-System Construction and Maintenance Agreement with the Florida Department of Transportation to perform the rehabilitation and restoration work on the Atlantic Isle Bridge, attached hereto, in substantially the same form, as Exhibit "A". Section 2. Authorization of City Manager. The City Manager is hereby authorized to execute said agreement, provided it is first reviewed by the City Attorney as to form and legal sufficiency. Section 3. Authorization of City Manager and City Attorney. The City Manager and City Attorney are hereby authorized to do all things necessary to effectuate this Resolution. Section 4. Effective Date. This Resolution shall become effective upon adoption. R2018 Agmt w FDOT to Rehab and Restore Atlantic Isle Bridge Page I of 2 PASSED AND ADOPTED this 15th day of M. h 2018. Geo :e H. Scholl, Mayor ATTES NM LIP Ji Mauricio B-tancur, tMC, City Clerk F' P APPROVED AS TO FORM AND LE • L SUFFICIENCY: AlA �1r 't, Cit Attorney Moved by: COVIAMICS(otke— SvEc ,N s C � �����It to,J�. 461-4o1.3461-4o1.3Seconded by: t Vote: Mayor Scholl '� (Yes) (No) Vice Mayor Goldman (Yes) (No) Commissioner Aelion —7 (Yes) (No) Commissioner Gatto I/ (Yes) (No) Commissioner Svechin I (Yes) (No) R2018 Agmt w FDOT to Rehab and Restore Atlantic Isle Bridge Paee 2 of 2 FM#430029-1-32-01 Page 1 of 9 OFF-SYSTEM CONSTRUCTION AND MAINTENANCE AGREEMENT Between STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION ("DEPARTMENT") and CITY OF SUNNY ISLE BEACH ("CITY"), a municipal corporation of the State of Florida THIS AGREEMENT is made and entered into as of hillkWA VP , 2018, by and through THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida(the"Department"),and CITY OF SUNNY ISLES BEACH,a municipal corporation of the State of Florida (the "CITY"), collectively referred to as the "Parties." RECITALS A. Upon approval of the Department's Work Program by the State of Florida Legislature, and adoption by the Department Secretary, the Department shall complete the various projects included in the Department Work Program; and B. Included in the Department Work Program is Project Number FM No. 430029-1-32- 01(the "Project"), on Bridge Number 874218 Atlantic Isle at West of SR AlA extending 128 feet on CITY right-of-way (the "Project Limits"), in Sunny Isles Beach, Florida, a bridge not on the State Highway System; and C. The CITY is the holder of ownership rights to the bridge not on the State Highway System; and D. The Parties agree that it is in the best interest of each party for the Department to undertake and to complete all aspects of the Project, including but not limited to,the design,construction, construction inspection, utilities, permits, easements and other associated tasks; and E. The Parties further agree that it is in the best interest of each party to enter into this Agreement in order to allow the Department to construct and complete the Project. TERMS NOW THEREFORE, in consideration of the premises,the mutual covenants and other valuable considerations contained herein, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. The recitals in this Agreement are true and correct, and incorporated into and made a part hereof. FM#430029-1-32-01 Page 2 of 9 2. The Parties.agree that the Department intends to undertake and complete the Project, which shall include improvements and rehabilitation on Bridge 874218, a bridge not on the State Highway System, which shall further include, but may not be limited to, repair of the rehabilitation of the existing bridge to restore its load carrying capacity while keeping the bridge's Historic nature, and all activities associated with, or arising out of the improvement construction and rehabilitation work (the "Local Bridge Improvements"). The CITY shall cooperate with and shall support the Department's work efforts in these regards. The Department will design and construct the Project in accordance with all applicable federal and state laws and regulations and in accordance with Department design and construction standards as set forth in the Department's guidelines, standards, and procedures. The Department shall have final decision authority with respect to the design, the design review process, and construction of the Local Bridge Improvements, and the relocation of any utilities that the Department may determine to be required. 3. The Parties acknowledge and agree that the CITY will review the Project Design Plans ("PDP") and shall submit its comments, if any, via Electronic Reviewer Comments ("ERC".) The Department shall provide the CITY access to the ERC, and the Department shall use the ERC to submit the Project Design Plans for the CITY to review. When the Department places the Project Design Plans in the ERC, the Department will designate a Comment Due Date and a Response Due Date. The CITY shall submit its comments with regards to the Project Design Plans on or before the Comment Due Date, and the Department shall respond to the CITY's comments, if any, on or before the Response Due Date. If the CITY does not submit its comments by the Comment Due Date, the CITY will be deemed to have approved the Project Design Plans submitted by the Department. The review process for the Project Design Plans will be deemed concluded when the Department has submitted the Final Project Design Plans to the ERC, and the Comment Due Date and Response Due Date for the Final Project Design Plans have passed, and the Department has addressed all of the CITY's comments that were submitted through the ERC. Once the review process is concluded,the CITY shall authorize its Public Works and Waste Management Department to issue a permit (`the Permit") to the Department's construction Contractor, authorizing the Department to construct the Project in accordance with the Final Project Design Plans submitted through ERC. The CITY acknowledges and agrees that, during construction of the Local Bridge Improvements, the Department will only utilize the services of law enforcement officers when required by the Department's Standard Specifications for Road FM#430029-1-32-01 Page 3 of 9 and Bridge Construction, and no additional requirements will be imposed. The CITY agrees that Permit will not impose any conditions other than those included in this Agreement, and the terms of this Agreement supersede any conflicting terms in the Permit. Additionally, the CITY waives any permit fees that may apply to issuance of the Permit Major modifications of the permitted plans must be submitted to the CITY for review. A Major Modification is any modification that materially alters the kind or nature of the work depicted in the permitted plans, or that alters the integrity or maintainability of the Local Bridge Improvements, or related components. The CITY's review shall be within the reasonable time schedule proposed by the Department, in order to avoid delay to the Department's construction contract. In the event that any Major Modifications are required during construction, the Department shall be entitled to proceed with the modifications that are necessary to complete the construction of the Project, and shall, upon identifying the need for Major Modification, immediately notify the CITY of the required changes, prior to proceeding with implementation of the same. It is specifically understood and agreed that any such changes during construction shall not delay nor affect the timely construction schedule of the Project. The CITY shall modify the Permit in accordance with any plan modifications agreed upon that are required by the Department to duly complete the Project. 4. The CITY agrees to be fully responsible, at the CITY's sole cost and expense, for any construction, reconstruction and/or relocation of any CITY-owned utilities located within the Project Limits required for the Project, as determined by the Department, at its sole discretion. Utility relocations, if any, which may be required by the Department for purposes of the Project, shall be done in accordance with the Department's guidelines, standards and procedures. The Department shall submit the proposed Utility Relocation Schedule to the CITY. Utility relocations, if any, shall be done in accordance with the provisions of Chapter 337, F. S. Additionally, the CITY agrees to be fully responsible, at CITY's sole cost and expense, for the removal of any encroachments or permitted improvements located within the Project Limits, that are in conflict with the Project, including, but not limited to, red light cameras, if any. 5. The CITY acknowledges that the Department will be utilizing federal funds to construct the Project, and as a result thereof, the CITY agrees to perpetually maintain the Local Bridge Improvements. To maintain means to perform normal maintenance operations for the preservation of the Local Bridge Improvements, which shall include but is not limited to, bridge structure, FM#430029-1-32-01 Page 4 of 9 bridge,concrete and asphalt.roadway approaches, signing and pavement markers, and such traffic control devices as are necessary for the safe and efficient use of the Local Bridge Improvements. Additionally, the Parties understand and agree that the Department shall transfer the permit(s) to the City as the operational maintenance entity, and the City agrees to accept said transfer and to be fully responsible to comply with all operational and maintenance conditions of the permit(s), at its sole cost and expense. Notwithstanding the requirements hereof, maintenance during construction shall be the responsibility of the Department and its Contractor,as set forth in paragraph 9 of this Agreement. 6. The Parties acknowledge and agree that the CITY's Bridge and right-of-way, and the improvements and structures located within the CITY's right-of-way, are and will remain under the ownership of the CITY, and that the Department will not have any ownership interest in the right-of-way, the Bridge, improvements, or structures located thereon or installed therein pursuant to this Project. 7. The Department shall require its construction Contractor to maintain, at all times during the construction, Contractor's Public Liability Insurance providing for a limit of not less than $1,000,000 for all damages arising out of bodily injuries to, or death of, one person and, subject to that limit for each person, a total limit of$5,000,000 for all damages arising out of bodily injuries to, or death of, two or more persons in any one occurrence; and regular Contractor's Property Damage Liability Insurance providing for a limit of not less than $50,000 for all damages arising out of injury to, or destruction of, property in any one occurrence and, subject to that limit per occurrence, a total or aggregate limit of$100,000 for all damages arising out of injury to, or destruction of, property during the policy period; or such other minimum insurance coverage that may be required by the Department for the construction of the Project, in accordance with the Department's standards and specifications. The Department shall further cause its Contractor to name the CITY and the Department as additional insured Parties on the afore-stated poliejes, and to provide evidence of Workers' Compensation Insurance in accordance with the laws of the State of Florida and in amounts sufficient to secure the benefit of the Florida Workers' Compensation law for all employees. 8. The Department shall notify the CITY at least one (1)week before beginning construction within the CITY's Bridge and any right-of-way limits. Such notification may be provided via email, and the notice requirements set forth in paragraph 20 shall not apply to this paragraph. The Department agrees that the CITY may, at reasonable times during the construction of the FM#430029-1-32-01 Page 5 of 9 Local Bridge Improvements, inspect the Contractor's construction site and perform such tests as are reasonably necessary to determine whether the goods or services required to be provided by the Contractor,pursuant the Contractor's Construction Agreement with the Department,conform to the terms of said Construction Agreement. Upon request by the CITY, the Department shall coordinate with its Contractor to provide access to the CITY for performance of said inspections. During the construction work related to the Project,the CITY shall fully cooperate with any such work being performed by the Department and the Department's contractors. The CITY shall not commit nor permit any act which may delay or interfere with the performance of any such work by the Department or the Department's contractors, unless the Department agrees in writing that the CITY may commit or permit said act. 9. Maintenance during construction with in the Project Limits, commencing as of the first date of construction, shall be the responsibility of the Department's Contractor,except that litter removal and all necessary mowing shall be the responsibility of the CITY. After completion of construction, the CITY shall assume all maintenance responsibilities. Upon completion of construction, the Department will invite the CITY on the Final Inspection of the work within the Project Limits, and will incorporate valid CITY concerns that are within the scope of the contract into the final Project punch list to be corrected by the Contractor. The Final Inspection shall be performed and the Notice of Final Acceptance shall be issued in accordance with the Department's Standard Specifications for Road and Bridge Construction and the Construction Project Administration Manual(CPAM). The CITY's presence at the Final Inspection,however, is not mandatory, and the Department shall conduct the Final Inspection, finalize the Project punch list, and issue a Notice of Final Acceptance to its Contractor, whether or not the CITY attends the Final Inspection. Upon issuance of the Notice of Final Acceptance to the Contractor, the Department shall provide a copy of said notice to the CITY. As of the date of the Notice of Final Acceptance, the CITY shall be immediately responsible for the maintenance of the Project. The Department, however, shall have the right to assure completion of any punch list by the Contractor. Notwithstanding the issuance of the Notice of Final Acceptance, the CITY may notify the Department Project Manager of deficiencies in the Local Roadway Improvements that may be covered by the warranty provisions in the contract between the Department and its Contractor. The Department shall enforce the warranty if the remedial action is required by the warranty provisions, as determined by the Department. FM#430029-1-32-01 Page 6 of 9 Upon completion of all work related to construction of the Project, the Department will be required to submit to the CITY final as-built plans for the Local Bridge Improvements and an engineering certification that construction was completed in accordance with the plans. Additionally, the Department shall vacate those portions of the CITY's Bridge and right-of-way used to construct the Local Bridge Improvements, and shall remove the Department's property, machinery, and equipment from said portions of the CITY's Bridge and right-of-way. Furthermore, the Department shall restore those portions of the CITY right-of-way disturbed by Project construction activities to the same condition than that which existed immediately prior to commencement of the construction of the Project. 10. This Agreement shall become effective as of the date both parties hereto have executed the agreement and shall continue in full force and effect until the Project is completed, as evidenced by the Department's issuance of the Notice of Final Acceptance. Prior to commencement of construction, the Department may, in its sole discretion, terminate this Agreement if it determines that it is in the best interest of the public to do so. If the Department elects to terminate this Agreement, the Department shall deliver formal notice of termination to the CITY, as set forth in paragraph 20 of this Agreement. 11. In the event that any election, referendum, approval, ratification, or permit, notice or other proceeding, or authorization is required to carry out the Project,the CITY agrees to expeditiously initiate and consummate, as provided by law, all actions necessary with respect to any such matters, with time being of the essence. 12. The Parties acknowledge and agree that the Project shall be constructed using federal funds and that all costs incurred must be in conformity with applicable federal and state laws, regulations, and policies and procedures. 13. The Department's performance and obligations under this Agreement are contingent upon an annual appropriation by the Legislature. If the Department's funding for this Project is in multiple fiscal years, funds approval from the Department's Comptroller must be received each fiscal year prior to costs being incurred. Project costs utilizing fiscal year funds are not eligible for reimbursement if incurred prior to funds approval being received. 14. In the event that this agreement is in excess of $25,000, and the agreement has a term for a period of more than one year, the provisions of Section §339.135(6)(a), Florida Statutes, are hereby incorporated into this agreement and are as follows: FM#430029-1-32-01 Page 7 of 9 The department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in = excess of the amounts budgetedas available for expenditure during any such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void,and no money may be paid on such contract. The department shall require a statement from the comptroller of the department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the department which are for an amount in excess of$25,000 and which have a term a for a period of more than 1 year. 15. The Department is a state agency, self-insured and subject to the provisions of Section 768.28, Florida Statutes. 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. 16. 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. 17. This agreement shall be governed by the laws of the State of Florida. Any provision hereof found to be unlawful or unenforceable shall be severable and shall not affect the validity of the remaining portions hereof. Venue for any and all actions arising out of or in any way related to the interpretation, validity, performance or breach of this Agreement shall lie exclusively in a state court of appropriate jurisdiction in Leon CITY, Florida. 18. No term or provision of this Agreement shall be interpreted for or against any party because that party's legal counsel drafted the provision. 19. In accordance with Executive Order No. 11-02 the Department's Vendor/Contractor(s) shall utilize the U.S. Department of Homeland Security's E-Verify system, in accordance with the terms governing use of the system, to confirm the employment eligibility of; i. all persons employed by the Vendor/Contractor during the term of the Contract to perform employment duties within Florida; and ii. all persons, including subcontractors, assigned by the Vendor/Contractor to perform work pursuant to the contract with the Department. 20. All notices required pursuant to the terms hereof, shall be in writing and shall be sent by first class United States Mail, facsimile transmission, hand delivery or express mail. Notices shall be FM#430029-1-32-01 Page 8 of 9 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. Unless otherwise notified in writing,notices shall be sent to the following: To the CITY: Christopher J. Russo City Manager, City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 crusso@sibfl.net To the Department: Rudy Garcia, P.E. Director of Transportation Operations State of Florida, Department of Transportation 1000 N.W. 111th Avenue Miami, Florida 33172 IN WITNESS WHEREOF, the parties hereto have executed this agreement on the dates exhibited, by the signatures below. FM#430029-1-32-01 Page 9 of 9 STATE OF FLORIDA CITY OF SUNNY ISLES BEACH DEPARTMENT OF TRANSPORTATION 4 By: / By: � cn � Name: Christopher J. Russo Name: Rudy 4rcia, P.E. Title: City Manager Title: Director of Transportation Operations Date: :2) 1(<1 (4 Date: 3 T v. ': Attest: ' A /l�ms BY: AA-402A CCA fi we- t t Title: Clerk t,. I ( r Approved as•to form and le•a ' • Department Legal Review: AamprZ/7r By: `L, S , ��+ By: Alicia Tr iillo, Esq. CITY Attorney • �SUN�r `st City of Sunny Isles Beach V = 18070 Collins Avenue I Sunny Isles Beach, Florida 33160 SF •F(,Op ye (305)947-0606 City Hall °err o. 5,04 "`-o (305)949-3113 Fax MEMORANDUM TO: The Honorable Mayor and City Commission VIA: Christopher J. Russo, City Manager FROM: Susan Simpson,Assistant City Manager DATE: 3/15/2018 Approval of an Off-System Construction and RE: Maintenance Agreement with the State of Florida, Department of Transportation for FDOT Project Number FM No. 430029-1-32-01 RECOMMENDATION: This item is presented for your consideration. REASONS: Bridge Number 874218 Atlantic Isle is currently in the funded Work Program of FDOT through Project Number FM No. 430029-1-32-01. This bridge, limited to one-way traffic, has been identified as in need of improvements and rehabilitation. As this bridge is owned by the City, this agreement attached provides for the approval for the State to perform work on City property. This rehabilitation project is fully funded by the State and managed by the State.At the completion of the project, the bridge will be returned to the full ownership of the City and the City will resume continued maintenance of the Bridge. ADDITIONAL INFORMATION: • As this Bridge has historical designation, the State has gone through great lengths to develop a rehabilitation plan that would not impact the appearance of the bridge. The façade will remain intact, keeping the 114 same coral rock appearance. The final plan will be reviewed by the State of Florida Division of Historical Resources and a Notice of Consent letter from the City's Historic Preservation Board will be provided. FUNDING SOURCE: There is no funding needed for this agreement. All funding for this project is provided by the State of Florida. ATTACHMENTS: Description Resolution Agreement Item Number: 10.H. 115