HomeMy WebLinkAboutExhibitEXHIBIT A
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OFF -SYSTEM CONSTRUCTION AND MAINTENANCE AGREEMENT
Between
STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION
("DEPARTMENT")
and
City of Miami, a municipal corporation of the State of Florida
("City")
THIS AGREEMENT is made and entered into as of , 20, by and through the
STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida
(the "Department"), and City of Miami, 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# 451049-1-52-01, SR
944/NW 54th Street from NW 32nd Avenue to NW 12th Avenue (the "Project"). A portion of the Project
includes work on NW 13th Ave, in Miami, Florida, a road not on the State Highway System; and
C. The City is the holder of ownership rights to NW 13th Ave, a road 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, maintenance during and after construction, utilities, 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.
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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.
2. The Parties agree that the Department intends to undertake and complete Project Number FM#
451049-1-52-01, which Project generally includes the following:
• safety improvements;
• provision of midblock crosswalks at three locations along SR 944/NW 54th Street;
• reconstruction of deficient curb ramps;
• drainage improvements
• signing and pavement marking improvements;
• signalization improvements; and
• lighting improvements.
The Project shall include improvements on NW 13th Ave from approximately 65 feet to the
north and 70 feet to the south of the SR 944/NW 54th Street centerline (for purposes of this
agreement, the "Off -System Project Limits"). The work within the Off -System Project Limits
shall include, but may not be limited to the following (hereinafter referred to as the "Local
Roadway Improvements"):
a) Installation of signalization pull boxes (to be maintained by the Department in perpetuity);
and
b) Installation of signalization conduits (to be maintained by the Depaitinent in perpetuity).
The Project shall further include all activities associated with or arising out of the construction
of the Local Roadway Improvements. In the event that the Project requires the acquisition of
additional right-of-way within the Off -System Project Limits, the Department shall acquire such
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right-of-way in order to complete the Project. 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 Roadway 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 ("Project
Design Plans") 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 Depaitinent 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 Depai intent will construct the Project in
accordance with the Final Project Design Plans submitted through the ERC. The City
acknowledges and agrees that, during construction of the Local Roadway Improvements, the
Department will only utilize the services of law enforcement officers when required by the
Department's Standard Specifications for Road and Bridge Construction, and no additional
requirements will be imposed. No further agreements or permits shall be required for production
or construction of this Project.
Major modifications of the approved Project Design 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 approved Project Design Plans, or that alters the integrity or
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maintainability of the Local Roadway 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 a
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.
4. The City 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, within the Off -System
Project Limits. The 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 Depai intent 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 fully cooperate with the Depailiuent in the removal of any
encroachments or permitted improvements, and in the modification of any driveway connections,
located within the City's right-of-way, within the Off -System Project Limits, that are in conflict
with the Project, and the City hereby authorizes the Department to take any legal action necessary
to effectuate the removal of any such conflicting encroachments or permitted improvements, and
to effectuate the modification of any such driveway connections.
The Depailiiient shall coordinate with the City for said removals or modifications, at no cost to
the City
5. The Department 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 is not limited to, roadway surfaces, shoulders, roadside
structures, drainage, signing and pavement markers, lighting, and such traffic control devices as
are necessary for the safe and efficient use of the Local Roadway Improvements.
Maintenance during construction shall also 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 the City's right-of-way, are and will remain under the ownership of the
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City, and that the Department will not have any ownership interest in the right-of-way,
improvements, or structures located thereon or installed therein pursuant to this Project.
7. The Depaitiuent shall require its construction Contractor to maintain, at all times during
construction, Commercial General Liability insurance providing continuous coverage for all
work or operations performed under the construction contract. Such insurance shall be no more
restrictive than that provided by the latest occurrence form edition of the standard Commercial
General Liability Coverage Form (ISO Form CG 00 01) as filed for use in the State of Florida.
The limits of coverage shall not be less than $1,000,000 for each occurrence and not less than a
$5,000,000 annual general aggregate, inclusive of amounts provided by an umbrella or excess
policy, or such other minimum insurance coverage that may be required by the Depailiuent for
the construction of the Project, in accordance with the Department's Standards and Specifications
for Road and Bridge Construction. The Department shall further cause its Contractor to name
the City and the Department as additional insured Parties on the afore -stated policies, 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 48 hours before beginning construction within the
City's right-of-way. Such notification may be provided via email, to the Director, Department
of Resilience and Public Works, 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, 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.
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.
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9. Maintenance during construction within the Off -System Project Limits, commencing as of the
first date of construction, shall be the responsibility of the Department's
Contractor. Notwithstanding, neither the Department nor its Contractor shall be responsible for
mowing or removing litter during construction of the Project. After completion of construction,
the Department shall assume all maintenance responsibilities for the Local Roadway
Improvements.
Upon completion of construction, the Depai intent is required to invite the City on the Final
Inspection of the work within the Off -System Project Limits, and will incorporate legitimate City
concerns that are within the scope of the contract into the final Project punch list to be corrected
by the Contractor. Notice for Final Inspection shall be delivered via email to the Director,
Department of Resilience and Public Works, and the notice provision of paragraph 20 shall not
be applicable. However, if the City does not attend the Final Inspection, the Department shall
proceed to conduct the Final Inspection, finalize the Project punch list, and issue a Notice of
Final Acceptance to its 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).
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 Depaitruent
shall be immediately responsible for the maintenance of the Local Roadway Improvements. The
Department 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 Depai intent shall enforce the warranty if remedial action is required by the warranty
provisions, as determined by the Department.
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,
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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. Upon submission by the Depai intent of a deed, with accompanying sketch and legal description,
for the transfer to the City of any additional right-of-way acquired by the Department within the
Off -System Project Limits, the City shall forthwith submit the same to its governing board or
commission for approval and acceptance of such additional right-of-way.
11. This Agreement shall become effective as of the date both parties hereto have executed the
Agreement. 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.
12. In the event that any election, referendum, approval, ratification, 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.
13. The Department may utilize federal funds to design and construct the Project. In the event that
the Project shall be constructed using federal funds, all costs incurred must be in conformity with
applicable federal and state laws, regulations, and policies and procedures.
14. 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.
15. 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
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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."
16. 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.
17. 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.
18. 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.
19. No term or provision of this Agreement shall be interpreted for or against any party because that
party's legal counsel drafted the provision.
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
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:
Director, Department of Resilience and Public Works
City of Miami, Department of Resilience and Public Works
444 SW 2nd Avenue, 8th Floor
Miami, FL 33130
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To the Depaiuent:
Director of Transportation Operations
State of Florida, Depai intent of Transportation
1000 N.W. 111th Avenue
Miami, Florida 33172
21. The City, by and through Resolution No. , attached hereto as Exhibit "A", has
duly authorized the execution and delivery of this Agreement and agrees to be bound by the terms
hereunder, and has further authorized the Mayor or his designee to take all necessary steps to
effectuate the terms of this Agreement.
[REMAINDER INTENTIONALLY LEFT BLANK. SIGNATURE PAGE FOLLOWS.]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the dates
exhibited, by the signatures below.
STATE OF FLORIDA,
DEPARTMENT OF TRANSPORTATION
By:
Name:
Title: Director of Transportation Operations
Date:
Attest:
Name:
Title:
Department Legal Review:
By:
Name:
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CITY OF MIAMI, a municipal
ATTEST: corporation of the State of Florida
By:
Todd B. Hannon, City Clerk Date: Arthur Noriega V, City Manager Date:
APPROVED AS TO FORM AND APPROVED AS TO INSURANCE
CORRECTNESS: REQUIREMENTS:
George K. Wysong III Date: Ann -Marie Sharpe, Director Date:
City Attorney Risk Management
Rev. 10/24 11
SIGN DETAILS
STATE LAW
'X STOP FOR PEDESTRIANS
f8881 f0001
RRFB
W11-2
36" X 36"
1654-2-15 14 AS
WESTBOUND VIEW
P]
—FLASHER
CONTROLLER
R10-097
90' X 24"
1700-3-20212 EA
30"x30"
RECTANGULAR RAPID
FLASHING BEACON
(RRFB)
24"x4.5"
VV16-7PR
24"x 12"
FTP-68C-21
9"x 18"
(LOCATED ON THE
WESTERN SIDE ALONG
VIITH PUSH BUTTON)
1654-2-12 11 AS
EASTBOUND VIEW
1654-2-12 11 A5
OPERATION NOTES:
1. INAJ0R STREET: SR 944 / NW 54th St.
2. PEDESTRIAN FLASHER UPON ACTUATION ONLY.
3. PEDESTRIAN FLASHING DURATION SHALL BE 25
SECONDS PER INTERVAL.
4. PUSH BUTTON SHALL BE ADA COMPLIANT WITH
VOLUME-CONTROLED VERBAL MESSAGE "YELLOW
LICHTS ARE FLASHING.
5. DEINAND WATTAGE FOR THIS INTERSECTION IS 80 VIATTS.
FLASHER
CONTROLLER
VV 11-2
30"x30"
RECTANGULAR RAPID
FLASHING BEACON
(RRFB)
24"x4.5"
V/16-7PR
24"x 12"
FTP-68C-21
9"x 18"
(LOCATED ON THE
EASTERN SIDE ALONG
VVITH PUSH BUTTON)
PROP. RRFB POLE
PROP. PUSH BUTTON
R/VI' LINE
'IN-- -INLP
- i Ems=
)D 10" SAID--S(D} MDIVASP)'70" SAN O (6,(D)
e G �
- 2 i- W, p Ml@ b 11 v 0AD t3 1,04o°(@}
R/Vl LINE
120W(O Ca31"LE 432CT et a-sFrEc"DBFocrs
Off -system Legend:
Off -System Limit (Department Maintains)
CONDUITS:
91 LF
630-2-11 1
15 LF (1 RUN, 1 SIGNAL)
2' LF (1 RUN, 1 SIGNAL)
21 LF (1 RUN, 1 SIGNAL)
74 LF (1 RUN, 1 SIGNAL)
12 LF (1 RUN, 1 SIGNAL)
6 LF (1 RUN, 1 SIGNAL)
630-2-12
68 LF
ID68 LF (1 RUN, 1 SIGNAL)
PULL BOX
(TO BE PROVIDED BY FPL)
1 635-2-30 11 EA
FPL PROP. SERVICE POINT
ON EXIST. POLE
EXIST. SERVICE DISCONNECT
(TO .REMAIN)
0 10 4
PROP. RECTANGULAR RAPID
FLASHING BEACON (RRFB) (P2)
STA. 204+49.98, 36.86' LT
1 EA
1 EA
635-2-11
665-1-12
Feet
RIO LINE
11 LL 0 Di I 1-L
SI.,`F S(D)-
O 5/
'ti RED sJ
( A'HI\IG BEPCO
45
'.'k._�
635-2-11-
665-1-12 1 EA
IN(D). s A0(D1 - '-(
LAR RAPID
N (RRFB) (P1)
.kT
PROP. MAST ARM D1
STA. 204+26.96, 41.71' RT
HEARING: NO2-17'36"VI
AR("( LENGTH: 60'
1 PI
3 EA
1 EA
632-7-1
635-2-11
649-2)-10
PROP. SERVICE DISCONNECT
STA. 204+20.71, 45.23' RT
3 EA
1 AS
60 LF
1 EA
635-2-11
639-1-112
639-2-1
641 2 12
PROP. R/VI LINE
PROP. PUSH BUTTON
R/VV LINE
PROP. RRFB POLE
SIGNALIZATION IDENTIFICATION NO. 8451
SR 944/NW 54TH STREET BETWEEN NW 14TH AVENUE AND NW 13TH AVENUE
REVISIONS
ENGINEER OF RECORD
DATE
DESCRIPTION
DATE
DESCRIPTION
FINAZIA L. KIBOK0, P.E.
LICENSE NUMBER49523
GOAL ASSOCIATES, INC.
14750 NW 77TH COURT, SUITE 320
MIAMI LAKES, FL 33016
ST-A T2 OF FA O2.(C'4
LI P P, l 2TR49.27 T OF T7?AA,5 PORT IT1 1V
ROAD NO.
COUNTY
FINANCIAL PROJECT ID
SR 944
MIAMI-DADE
451049-1-52-01
SIGNALI[ZATCION PLAN
SHEET
NO.
T-13
THE OFFICIAL RECORD OF THIS SHEET IS THE ELECTRONIC FILE DIGITALLY SIGNED AND SEALED UNDER RULE G1G15-23.0