Loading...
2011-054-1447 - Agreement with FDOT for Improvments on NW 207 Street City of Miami Gardens Agenda Cover Memo Council Meeting Date: April 13, 2011 Item Type: (Enter X in box) Resolution Ordinance Other X Fiscal Impact: (Enter X in box) Yes No Ordinance Reading: (Enter X in box) 1st Reading 2nd Reading X Public Hearing: (Enter X in box) Yes No Yes No X Funding Source: Florida Department of Transportation Advertising Requirement: (Enter X in box) Yes No X Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: X N/A Strategic Plan Related (Enter X in box) Yes No Strategic Plan Priority Area: Enhance Organizational Bus. & Economic Dev Public Safety Quality of Education Qual. of Life & City Image X Communication Strategic Plan Obj./Strategy: (list the specific objective/strategy this item will address) Enhance overall quality of life: Improve Infrastructure Sponsor Name Danny O. Crew, City Manager Department: Public Works Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, THAT CERTAIN MEMORANDUM OF AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR CONSTRUCTION IMPROVEMENTS ON N.W. 207TH STREET, A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT “A”; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. Staff Summary: The Florida Department of Transportation (FDOT) District #6, is developing the design for a project on NW 27 Avenue to create two northbound and southbound left turn lanes at the NW 207 Street Intersection. Since NW 207 Street is a city‐owned street a Memorandum of Agreement is necessary for FDOT to do implement the proposed project. The design for this proposed project calls for a single eastbound through lane be provided by changing the other existing through lanes into an exclusive right turn only lane. The concrete divider on NW 207 ITEM K-7) CONSENT AGENDA RESOLUTION Agreement w/FDOT 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Street will be reduced east and west of NW 27 Avenue. This project will also widen NW 207 Street from NW 28 Court to NW 25 Avenue to improve merging conditions. On the south and north side of NW 207 Street the road will be widened. The project also includes: repaving of NW 207 Street from NW 28 Avenue to NW 25 Avenue; installing drainage along NW 207 Street from NW 28 Court to NW 25 Avenue; reconstructing pedestrian ramps; adding traffic signal heads for the proposed northbound and southbound dual left turn lanes, and replacing existing traffic signal heads with LED signal heads; and installing new signs and pavement markings. Construction is anticipated to start in December 2011 and last about 120 days. The estimated cost to FDOT is $600,000. Notifications will go out to the residents within 300 feet of the project limits. The possible impacts in the area will be temporary sidewalk closures and temporary lane closures during non‐rush hours. Road closures and detours are not expected during construction of this project. Proposed Action: It is recommended that City Council authorize the City Manager to take any and all steps necessary to fully execute the Memorandum of Agreement with the FDOT regarding the off‐FDOT system construction improvements on NW 207 Street. Attachment: Attachment A ‐Memorandum of Agreement FM # 425213-1-52-01 Page 1 of 8 MEMORANDUM OF AGREEMENT REGARDING OFF-SYSTEM CONSTRUCTION AND MAINTENANCE OF IMPROVEMENTS Between STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION (“DEPARTMENT”) and CITY OF MIAMI GARDENS, a municipal corporation of the State of Florida (“CITY”) This Agreement is made and entered into as of ______________________, 2011, by and through THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida (the “Department”), and CITY OF MIAMI GARDENS, a municipal corporation of the State of Florida (the “City”), collectively referred to as the “Parties.” RECITALS WHEREAS, the State of Florida Legislature has approved the Department’s Work Program and mandated the Department to complete the various projects included in the Department’s Work Program; and WHEREAS, included in the Department Work Program is Project Number FM 425213-1-52-01 on S.R. 817/N.W. 27th Avenue from south of N.W. 207th Street to N.W. 208th Terrace, located in Miami-Dade County, Florida, which includes the improvement of roads not on the State Highway System; and WHEREAS, 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 the design, construction, construction inspection, utilities, permits, easements, and other tasks associated with those improvements that are on roads not on the State Highway System. 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 are incorporated herein by reference and made a part hereof. FM # 425213-1-52-01 Page 2 of 8 2. The Parties agree that the Department intends to undertake and complete project number FM 425213-1-52-01 on S.R. 817/N.W. 27th Avenue from south of N.W. 207th Street to N.W. 208th Terrace (the “Project”), depicted in Exhibit A, attached herein. The Project shall include improvements on N.W. 207th Street, a road not on the State Highway System (the “Local Roadway Improvements”) also depicted in Exhibit A, and all activities associated with, or arising out of construction of the Local Roadway Improvements. The City agrees to cooperate with and 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 all aspects of design and construction of the Local Roadway Improvements. 3. The Parties acknowledge and agree that the City has reviewed the Project Design Plans which the Department submitted via email to the City, and that the City submitted its comments regarding the Project Design Plans via email to the Department. The Parties further agree that the Department has addressed all of the City’s comments regarding the Project Design Plans, which the City submitted via email (hereinafter the “Review Process”). The Parties agree that the plans attached hereto as Exhibit A are the product of the Review Process, and the City authorizes the Department of Public Works to issue a permit (the “Permit”) to the Department’s Contractor, authorizing the Department to construct the Local Roadway Improvements in accordance with Exhibit A. By issuing the Permit, the City agrees that the Department may proceed to construct the Project in accordance with the Schedule of Work included in Exhibit A. The City acknowledges and agrees that, during construction of the Local Roadway Improvements, the Department will provide law enforcement officers as required by the Department’s Standard Specifications for Road and Bridge Construction, and no additional requirements will be imposed. The City agrees that the 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 (Exhibit A) that concern the Local Roadway Improvements must be submitted to the City for review using the Review Process. A Major Modification is any modification that materially alters the kind or nature of the work FM # 425213-1-52-01 Page 3 of 8 depicted in the permitted plans (Exhibit A), or that alters the integrity or maintainability of the Local Roadway Improvements or its components. Subsequent to the City’s review of the Major Modification(s) through the Review Process, the City will update the Permit to reflect the submitted changes in accordance with the terms of this Agreement. 4. The City acknowledges that it has reviewed the attached Project Utility Relocation Schedule and Utility Work Agreements (Composite Exhibit B) and agrees to fully cooperate with the Department in the construction, reconstruction and relocation of utilities that are located within the City’s right-of-way. 5. The City acknowledges that the Department is utilizing Federal funds to construct the Project, and as a result thereof, the City agrees to perpetually maintain the Local Roadway Improvements. To maintain means to perform normal maintenance operations for the preservation of the Local Roadway Improvements, which shall include but are not limited to, roadway surfaces, shoulders, roadside structures, and such traffic control devices as are necessary for the safe and efficient use of the Local Roadway Improvements, except to the extent that the maintenance has been delegated to or is under the jurisdiction of another entity. 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 right-of-way and the improvements and structures located within City’s right-of-way, are and will remain under the ownership of the City, and the Department will not have any ownership interest in the right-of-way, improvements, or structures located thereon or installed therein pursuant to the Project. 7. The Department shall require its construction Contractor to maintain, at all times during the construction, regular 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 FM # 425213-1-52-01 Page 4 of 8 $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 construction of the Project, in accordance with the Department’s standards and specifications. The Department shall further cause its Contractor to name the Department as additional insured on the afore-stated policies, and to name the City as additional insured on the afore-stated policies with regards to activities performed within the City’s right-of-way. The Department shall also require its Contractor 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 48 hours before beginning construction within the City’s right-of-way. Such notification may be provided verbally or via email, 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 Local Roadway Improvements and with regards to the Project limits located within City right-of-way, 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 to 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. 9. During construction, maintenance of the Local Roadway Improvements shall be the responsibility of the Department and its Contractor. Upon completion of construction, the Department will invite the City on the Final Inspection of the Local Roadway Improvements and will incorporate 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. FM # 425213-1-52-01 Page 5 of 8 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 Local Roadway Improvements. 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. Additionally, the Department shall have the right to assure completion of any punch list by the Contractor. 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 Roadway 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 right-of-way used to construct the Local Roadway Improvements and shall remove the Department’s property, machinery, and equipment from said portions of the City’s right-of-way. Furthermore, the Department shall restore those portions of the City right-of-way disturbed by Project construction activities to the same or better 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 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 provide 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 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. FM # 425213-1-52-01 Page 6 of 8 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: 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 budgeted as 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 for a period of more than 1 year. 15. The Department is a state agency, self-insured and subject to the provisions of 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. 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 County, Florida. 17. No term or provision of this Agreement shall be interpreted for or against any party because that party’s legal counsel drafted the provision. FM # 425213-1-52-01 Page 7 of 8 18. 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. 19. In accordance with Executive Order No. 11-02 all Department Vendor/Contractors 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; 1. all persons employed by the Vendor/Contractor during the term of the Contract to perform employment duties within Florida; and 2. 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 sufficient if sent by first class United States Mail, facsimile transmission, hand delivery or express mail. 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. Unless otherwise notified in writing, notices shall be sent to the following: To the City: O. Tom Ruiz, CGC, CFM Public Works Director 1050 NW 163 Drive Miami Gardens, Fl 33169 305-622-8048 Office 305-622-8032 Fax To the Department: 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. CITY OF MIAMI GARDENS STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FM # 425213-1-52-01 Page 8 of 8 By: By: Name: Name: Title: Title: Director of Transportation Operations Date: Date: Attest: By: Title: Approved as to form and legality: Department Legal Review: By: City Attorney