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HomeMy WebLinkAboutExhibit AEXHIBIT "A" FM# 449756-1-52-01 Page 1 of 13 OFF -SYSTEM CONSTRUCTION AND MAINTENANCE AGREEMENT Between STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION ("DEPARTMENT") and CITY OF MIAMI ("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# 446263-3-52-01, TWO 59, SR 968 / Flagler Street at SW 49th Avenue (the "Project"). A portion of the Project includes work on SW 49th Avenue, in the City of Miami, Florida, a road not on the State Highway System; and C. The CITY is the holder of ownership rights to SW 49th Avenue, 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. Rev. 10/24 1 FM# 449756-1-52-01 Page 2 of 13 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 446263-3-52-01, TWO 59, which Project generally includes the following: • Remove and relocate the existing signalization service disconnect; • Replace the existing vehicle detection with video detection for all approaches; • Wire the new service disconnect and video detection to the existing controller; and • Incidental sidewalk and curb ramp replacement. The Project shall include improvements on SW 49th Avenue, from Sta 243+59.00 to Sta 243+87.00, approximately 40' south measured from the point of tangency (PT) of the curb return radius as shown in Exhibit "A" attached hereto and made a part hereof (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 Work"): a) Removal of the existing signalization service disconnect pole and pull boxes; b) Replacement of sidewalk flag at the location of the removed pole and pull boxes The Project shall further include all activities associated with or arising out of the construction of the Local Roadway Work. 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 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 Rev. 10/24 2 FM# 449756-1-52-01 Page 3 of 13 shall have final decision authority with respect to the design, the design review process, and construction of the Local Roadway Work, 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"). Once the review process is concluded, the Department will construct the Project in accordance with the Final Project Design Plans submitted through the ERC. The CITY acknowledges and agrees that, during the performance of the Local Roadway Work, 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. 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 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 fully cooperate with the Department 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 Department shall coordinate with the CITY for said removals or modifications, at no cost to the CITY. 4. 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 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. Rev. 10/24 3 FM# 449756-1-52-01 Page 4 of 13 5. The Department 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 Department 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. 6. 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 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 performance of the Local Roadway Work, 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. 7. 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 Rev. 10/24 4 FM# 449756-1-52-01 Page 5 of 13 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 no longer be responsible for any maintenance. Upon completion of construction, the Department 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 CITY 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 Department shall no longer be responsible for maintenance and the CITY shall further accept the Local Roadway Work. 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 Work that may be covered by the warranty provisions in the contract between the Department and its Contractor. The Department 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 Work, 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. Rev. 10/24 5 FM# 449756-1-52-01 Page 6 of 13 8. 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. 9. 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. 10. 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. 11. 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. 12. 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." 13. Nothing in this Agreement shall be deemed or otherwise interpreted as waiving the Department's Rev. 10/24 6 FM# 449756-1-52-01 Page 7 of 13 sovereign immunity protections, or as increasing the limits of liability as set forth in Section 768.28, Florida Statutes. 14. 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. 15. 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. 16. No term or provision of this Agreement shall be interpreted for or against any party because that party' s legal counsel drafted the provision. 17. 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: To the Department: Director of Transportation Operations State of Florida, Department of Transportation 1000 N.W. 111th Avenue Miami, Florida 33172 18. The CITY, by and through Resolution No. , attached hereto as Exhibit "B", has duly authorized the execution and delivery of this Agreement and agrees to be bound by the Rev. 10/24 7 FM# 449756-1-52-01 Page 8 of 13 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.] Rev. 10/24 8 FM# 449756-1-52-01 Page 9 of 13 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: Rev. 10/24 9 FM# 449756-1-52-01 Page 10 of 13 CITY OF MIAMI 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: City Attorney David Ruiz Interim Director Risk Management Rev. 10/24 10 Date: STREET NAME SIGNS AND SIGN DETAILS I LL w49Av Agent -VI -lei Rios A, , 1 EXISTING (TO REMAIN) I I w49Av 4— Agent Anel Rlos Av J 1 EXISTING (TO REMAIN) SIGNAL HEAD DETAILS 2 C4T IT, Es] L JLJLJ p�R�Ip�Y /14�D�11 3-SECT 1-WAY 6 EXISTING (TO REMAIN) 3 �/4 P2T �P4T °6T P8T L JLJ LJLJL'_JLJ ✓ pY)160)h�\G)11 IHtVI -JI ▪ 4-SECT., 1-WAY EXISTING 2 EXISTING (TO REMAIN) (TO REMAIN)) S.O.P P2 P2 2` P8 p4 -- P6 P6 PHASE PHASE 2 (XPED) 4 - i It P41H08i 2 3 PHASE., PHASE 4 ▪ TF2 H 0 TF 6 f CONTROLLER OPERATIONS: 0,® 1. I14AJ0R STREET. SR 968 / VV FLAGLER ST MINOR STREET. VJ 49TH AVE 2 FLASHING OPERATION: 140VEI'4ENTS 2 & 6 - YELLOW MOVEMENTS 4 & 8 - RED 3 INOVEM ENTS 3 & 7 - PROTECTED 1410VEI'4EN TS 1 & 5-PERI14I55IVE ONLY 4 PHASE 1 - RECALL PHASES 2 (XP-D)3 & 4 - ACTUATED EXCLUSIVE PEDESTRIAN PHASE - 24/7 OPERATION DUAL OPERATION 110DE 5 SIGNAL COORDINATION I5 01V SOP PHASE 1 6. INDC CONTROLLER ECONOLITE 2070/CABINET M-552 7. PEDESTRIAN SIGNALS P2, P4, P64 P8 TO CROSS 11 FLAGLER ST AND VI 49TH AVE STREET UPON ACTUATION ONLY. Flagler St EXISTING (TO REMAIN) 4 EXISTING (T0 BE REMOVED) 700-3-601 5I1�M,9 (31 U .. I/_L � Je� L_JI 1 EXISTING (TO REI'4AIN) A P,10-03E (MOD.) 9" X 15" 4 EA I 700-3-101 I VIDEO DETECTOR CONNECTION CHART V lDEO DETECTOR OPERATION CONNECTED TO I'AOVEMENTS # DETECTION ZONE DIST. FROM UPRIGHT V-1 PRESENCE 1, 6 V1A 22' VGA VVB V - 2 PRESENCE 3, 8 V3A 15' V8A V - 3 PRESENCE 2, 5 V 2 A 22' V 2B V 5 A V-4 PRESENCE 4, 7 V4A 18' V7A 8. DEMAND WATTAGE (WV = 1695 VI EXCLL SIVE PEDESTRIAN OPERATION AIINIMUPI TIMING FUNCTION SECONDS EYCLUSIVE PEDESTRIAN I'VALK INTERVAL 7 PEDESTRIAN CLEARANCE INTERVAL 19 CONTROLLER IRINIMU41 TIMING REFERENCE TABLE 1 7 3 4 5 6 7 3 APPROACH DIRECT10 2 EEL ,'ET SEL NET WEL EET INEL SET APPROACH P05TED 5PEEL (IIPH) 40 40 30 30 40 40 30 30 u RED CLEARANCE DISTANCE (FEET, 70 74 96 75 72 74 92 75 ' (ELL01lI CHANGE INTERVAL (SECONDS) 4.4 4.4 4.0 4.0 4.4 4.4 4.0 4.0 RED CLEARANCE INTERVAL 2.0 2.0 2.7 2.6 2.0 2.0 2.6 2.7 PEDESTRIAN MO'/E"4ENT P2 P4 P6 PS PLO_ E'2 55I'Vf- U152ANCL (1-ttl) 41 i.. 4i PEN _ 1�4'4LK INTERVAL (SECONDS) J 7 7 7 PED. CLEARANCE INTERVAL (SECONDS) 12 17 12 17 EXISTING LOOPS (TO BE ABANDONED) TEI/ EXISTING MAST ARAI (TO REMAIN) REPLACE VIDEO CAI'4ER4 IN THE SAME LOCATION 1 EA 1 E4 1 EA R/V LINE- 660-4-12 660-4-60 635-2-11 SR 968 / W FLAGLER ST 243 © 68 1 RUN [o 65 LF (1-VIDEO) I 630-2-12 I 65 LF PROP. VIDEO CAMERA 1 EA 2 EA 660-4-12 635-2-11 -EXISTING E21 I14AST ARI14 - (TO REMAIN) IElL4 Q SURVEY: L2' N87° 8 -1' ,D,n ti Q �i75I)/�ILg1 '� R/W LINE7 TECI EXISTING MAST ARr4— AND CCTV CAMERA (TO REIAIN) UTILIZE EXIST. LOOP CONDUIT FOR THE VIDEO CABLE PROP. VIDEO CA1l'IERA / 1 EA / 1 S 2 EA FED 11 SVV CORNER/ 660-4-12 635-2-11 4.6 EXISTING LOOPS (TO BE ABANDONED) CONDUCTORS PI I 632-7-1 I I 632-7-6 I 1 PI 1 PI L_ 1 0 10 40 Feet -R/W LINE T'a 4T'l/// V2OT//A a/J(DO d o r. Cr( N n (D -EXISTING )IN45T ARM \ (TO REI'4A/N) EXISTING PED. PEDESTAL (TO 56441I) EXISTING SERVICE DISCONNECT (TO BE REMOVED) I 641-2-69 I EXISTING FP&L SERVICE POINT (TO REMAIN) I 635-2-30 I OFF -SYSTEM LIMIT - CITY OF MIAMI MAINTAINED EA EA -REPLACE VIDEO CAMERA IN THE SAME LOCATION 1 EA 1 EA 660-4-12 660-4-60 Du} PROPOSED SERVICE DISCONNECT, CONC. POLE, TYPE P-II (16' LONG) STA. 244+25.58 (34.36' RT) 630-2-12 639-1-121 639-2-1 639-2-6 641-2-12 635-2-11 EXISTING CONTROLLER CABINET (TO REMAIN) 635-2-11 660-1-600 660-4-11 671-2-40 10 LF 1 A5 100 LF 86 LF 1 EA 3 EA 6 EA 2 EA 4 EA 1 EA ASSET ID No. 4782 SR 968 / W FLAGLER ST @ W 49TH AVE REVIsION5 ENGINEER OF RECORD DATE DESCRIPTION DATE DESCRIPTION RAMON TESOIVE P.E. LICENSE NUMBER 56070 ALVAREZ ENGINEERS, INC. 8935 N.W. 35 LANE. SUITE 101 DURAL, FL 33172 „5T.ATR OF Fr0.078LA 0RP.12TRfR?aT OF TRAAS PORTAT2P/N ROAD NO. COUNTY FINANCIAL PROJECT ID 5R 968 MIAMI-DADE 446263-3-52-01 SIGNALI[ZATION PLAN SHEET NO. T-5 THE OFFICIAL RECORD OF THIS SHEET IS THE ELECTRONIC FILE DIGITALLY SIGNED AND SEALED UNDER RULE 61G15-23.004, F.A.C.