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Home My WebLink AboutR-2019-145 City to execute a Highway Maintenance Memorandum of Agreement w/ State of FL Dept of Transportation: Authorizing City to perform necessary maintenance to Right-of-Way of SW 40 Ave RESOLUTION NO. 2019-145 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A HIGHWAY MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION; AUTHORIZING THE CITY TO PERFORM NECESSARY MAINTENANCE TO THE RIGHT OF WAY OF SOUTHWEST 40TH AVENUE FROM STIRLING ROAD TO GRIFFIN ROAD FROM MILE POST 1.010 TO MILE POST 2.110 LOCATED WITHIN THE CITY OF DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the proper City officials are authorized to execute a Highway Maintenance Memorandum of Agreement ("HMMOA") on behalf of the City with the State of Florida Department of Transportation ("FDOT"), authorizing the City to perform necessary on- going maintenance to the improvements resulting from the proposed project work for a portion of Southwest 40th Avenue from Stirling Road to Griffin Road; a copy of the HMMOA in substantial form is attached as Exhibit"A" and it is made a part of and is incorporated into this Resolution by this reference. Section 2. That the City Manager and City Attorney are authorized to make minor revisions to the HMMOA as are deemed necessary and proper for the best interest of the City. Section 3. That all initial costs associated with the HMMOA are the responsibility of FDOT, which will construct the improvements as a part of Financial Project ID#436196-1-52- 01. Section 4. That the City will be responsible for the maintenance costs going forward after project close out, including construction and operational certification in an annual amount not to exceed Twelve Hundred Dollars ($1,200.00) to be appropriated from the General Fund Services Street Maintenance Division budget starting in Fiscal Year 2019-2020. Section 5. That all Resolutions or part of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 6. That this resolution shall be in full force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on November 12, 2019. ATTEST: 8IP�� o y THOMAS SCHNEIDER, CMC d► O LE ELLEN CITY CLERK '. ' aP MAYOR getiSHE�'y APPROVED AS TO FORM AND CORRECTNESS: THOMAS JIANSBRP CITY ATTORNEY 2 RESOLUTION#2019-145 SECTION No.: 86000082 FM No.: 436196-1-52-01 AGENCY: City of Dania Beach C.R. No.: N/A DISTRICT FOUR HIGHWAY MAINTENANCE MEMORANDUM OF AGREEMENT THIS AGREEMENT,entered into this day of , 20_, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, a component agency of the State of Florida, hereinafter called the DEPARTMENT and City of Dania Beach, a political subdivision of the State of Florida,or a municipal corporation existing under the Laws of Florida, hereinafter called the AGENCY collectively referred to as Parties. WITNESSETH: WHEREAS,the AGENCY has jurisdiction over SW 40th Avenue, as part of the City roadway system from Stirling Road to N of SW 54th Street and SW 53rd Street to N of SW 49th Court;and WHEREAS, pursuant to Sections 339.07,339.08 and 339.12, Florida Statutes and Federal funding provisions the DEPARTMENT is authorized to undertake projects within the AGENCY's geographical limits and the AGENCY agrees to have this improvement constructed;and WHEREAS, in accordance with Title 23, U.S. Code,Section 116 and Federal Highway Administration regulations issued pursuant thereto,there must be an agreement with the AGENCY to maintain the project;and WHEREAS, pursuant to such authority,the DEPARTMENT and the AGENCY agrees to have the DEPARTMENT construct certain improvements more particularly described as Financial Project ID 436196-1,which involves roadway widening for bike lane, and sidewalk installation; hereinafter referred to as the"Project",as more particularly described in Exhibit A;and WHEREAS,the DEPARTMENT may not spend state funds for Off-system projects; and WHEREAS, upon acquisition of the necessary right-of-way, if needed,the DEPARTMENT will proceed to construct the Project;and WHEREAS,the Parties hereto mutually recognize the need for entering into an Agreement designating and setting forth the responsibilities of each party;and WHEREAS,the AGENCY by Resolution on the day of ,a copy of which is attached hereto and by this reference made a part hereof,desires to enter into this Agreement and authorizes its officers to do so; NOW THEREFORE,for and in consideration of the mutual benefits to flow each to the other,the Parties covenant and agree as follows: - 1- 1. The recitals set forth above are true and correct and are deemed incorporated herein. 2. The DEPARTMENT has undertaken and obtained the approval of Federal participation for the Project. The AGENCY is responsible for additional Project costs determined to be Federal Aid Non-Participating. 3. The AGENCY shall allow the DEPARTMENT and its contractors to enter onto the existing AGENCY property. No further permit or agreement from the Agency shall be required to construct this Project. The AGENCY shall satisfy any tree permit obligation imposed by Broward County. 4. The AGENCY shall continue to maintain the existing roadway and any property owned by AGENCY until the DEPARTMENT begins construction of the Project.The AGENCY shall continue to be responsible for mowing and litter removal during the duration of the Project. 5. Upon "final acceptance" by the DEPARTMENT of the Project, (as "final acceptance" is described in the Standard Specifications for Roadway and Bridge Construction dated 2019, as amended), and Notice thereof to the AGENCY, the AGENCY shall maintain the Project, at its own cost, in accordance with the following Federally and State accepted standards: (a) FDOT Design Manual (FDM), current edition (b) Florida Green Book dated 2016, as amended (c) Governing standards and specifications: FDOT Design Standards dated FY 2017-18, as amended (d) Standard Specifications for Roadway and Bridge Construction dated 2019, as amended by contract documents, and (e) Manual on Uniform Traffic Control Devices (MUTCD), current edition, or as amended. Maintenance of said Project includes, but is not limited to maintaining roadway and sidewalk. The Department shall give the AGENCY ten (10)days notice before final acceptance. a. The AGENCY grants to the DEPARTMENT all rights necessary to enter and construct the Project. 6. No additional right of way is required for the PROJECT. The PROJECT can be completed within the AGENCY's existing right of way. 7. Warranties: The DEPARTMENT shall transfer any applicable warranties to the AGENCY. 8. Environmental permitting: If requested by the DEPARTMENT,the AGENCY shall sign as a joint applicant and be responsible for the permits related to the Project. Further the AGENCY shall be in compliance with all permits after the construction is complete and the right of way is transferred to the AGENCY. To the extent permitted by law,the AGENCY shall indemnify the DEPARTMENT for any violations by the AGENCY of any permits issued to the Department or jointly to the AGENCY and the DEPARTMENT after construction is complete.The AGENCY shall execute all documentation required by the permitting agencies in a timely manner to accept transfer of the Project. For various occupancy permits the AGENCY shall be the applicant. 9. Utilities: The AGENCY shall cooperate with the DEPARTMENT,to the extent necessary,to -2- accomplish utility relocations for this Project.This shall include, but not be limited to,entering into utility subordination agreements with the affected utility owners,thereby assuming liability for future utility relocations within the AGENCY right of way and proposed right of way. This shall also include having the AGENCY require the Utility to relocate or adjust if the utility is there by permit, as necessary. a. AGENCY'S Utilities: The AGENCY shall relocate and adjust its own utilities including connection with utility customers. 10. Signals: The AGENCY shall cooperate with the DEPARTMENT,to the extent necessary,to affect signal and interconnect connections for the Project. 11. Drainage:drainage will be included to accommodate the roadway widening and sidewalk installation. 12. Unforeseen issues: If unforeseen issues shall arise,the AGENCY shall cooperate with the DEPARTMENT to the extent necessary to construct the Project.This shall include but not be limited to the execution of documents;allowing the Department and/or their contractors/consultants to enter upon the real property owned, leased, possessed and/or controlled by the Agency upon which the Project is to be constructed or any property adjacent thereto. 13. E-verify requirements: The AGENCY: • shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the AGENCY during the term of the contract; and • shall expressly require any contractors 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 the employment eligibility of all new employees hired by the contractor during the contract term. 14. This document incorporates and includes all prior negotiations, correspondence, conversations, agreements or understandings as represented in the Final Proposed Construction plans. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representation or agreements whether oral or written. 15. This Agreement shall be governed, interpreted and construed according to the laws of the State of Florida. 16. LIST OF EXHIBITS • Exhibit A: Project Scope [This space intentionally left blank.] -3- IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the day and year provided below. AGENCY ATTEST: City of Dania Beach,through its BOARD OF CITY COMMISSIONERS By: day of 120 Approved as to form by Office of City Attorney By: DEPARTMENT ATTEST: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: Executive Secretary Transportation Development Director (SEAL) day of 120 Approval : Office of the General Counsel (Date) -4- SECTION No.: 86000082 FM No.: 436196-1-52-01 AGENCY: City of Dania Beach C.R. No.: N/A EXHIBIT A PROJECT SCOPE All of the improvements are to be completed by DEPARTMENT within the AGENCY's existing right-of- way. Summary of Work The project proposes to widen SW 40th Avenue to add 5 feet bike lane and install sidewalk in both directions from Stirling Road to N of SW 54t'Street and SW 53`d Street to N of SW 49th Court.The project will realign SW 40th Avenue from SW 49th Court to Griffin Road to accommodate for a wider turning radius at the SW corner of SW 40th Avenue and Griffin Road. Typical Section • The proposed typical section consists of a two-lane two-way roadway with an intermittent two- way left-turn lane in the center of the roadway.The travel lanes are 11-ft wide with a 5-feet bike lane. Continuous concrete sidewalk will be provided on both sides of the roadway. ADA • Proposed sidewalks will be ADA compliant. Landscape • Landscape is limited to the evaluation of existing trees and analysis of design scheme to mitigate impact.Trees impacted by the proposed design will be removed or relocated by the AGENCY prior to construction. Signing and Pavement Markings • All signing and pavement markings will be updated to ensure conformance with the Manual on Uniform Traffic Control Devices(MUTCD). Drainage • Drainage will be included to mitigate the additional impervious area and additional runoff. Curb and gutter are not provided. Permits • FDOT will acquire permits from US Army Corps of Engineers and South Florida Water Management District in the Agency's name. -5-