HomeMy WebLinkAboutR-2024-143 FDOT Highway Maintenance MOA SW 12 AvenueRESOLUTTON NO. 2024---.rlL6
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 ('HMMOA') WITH THE FLORIDA DEPARTMENT OF
TRANSPORTATION C'FDOT') FOR THE IMPROVEMENTS MADE AS
PART OF THE N. 22'd AVENUE/SW I2TH AVENUE PROJECT FROM
STIRLING ROAD TO SHERIDAN STREET; PROVIDING FOR CONFLICTS;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS' on February 9, 2021, the City, through Resolutton 2021-019, affirmed
support the N. 22nd Avenue/SWl2 Avenue Project (Project) to design and construct street
improvements in partnership with the city of Holly,rvood as a FDOT Local Agency Program
(LAP) Project; and
WHEREAS, the Broward Metropolitan Planning organization (MPo) prioritized the
Project in the 2022 "Complete Street Localized Initiative Program (CSLIP) resulting in FDOT
assuming design, construction, and fiscal responsibitity for the Project; and
WHEREAS, the MPO requires that the city of Dania Beach's commitment to maintain
all improvements with the CSLIP Program be in accordance with Title 23 U.S. Code Section I l6
and the Federal Highway Administration regulations; and
WHEREAS, the HMMOA between FDOT and the city, requiring city maintenance of
all improvements constnrcted by FDOT including traffic calming, new sidewalks, roadway
lighting, and drainage improvements, is attached as Exhibit "A" and is incorporated into this
Resolution by this reference.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section l. That the foregoing "Whereas" clauses are ratified and confirmed as being
true and correct, and they ale made a specific part of and incorporated into this Resolution by
this reference.
section 2. That the proper city officials are authorized to enter into Highway
Maintenance Memorandum of Agreement between the city of Dania Beach and the Florida
Department of Transportation.
section 3. That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict
Section 4. That this Resolution shall become effective upon its passage and adoption.
Section 5. That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
Section 6. That this Resolution shall be effective 10 days after passage'
PASSED AND ADOPTED ON 2024.
Motion b second by
FINAL VOTE ON ADOPTION:Unanimous
Yes No
Commissioner Joyce L. Davis
Commissioner Tamara James
Commissioner Marco Salvino
Vice Mayor Lori Lewellen
Mayor Archibald J. Ryan IV
ATTEST
ELORA ARCHIBALD RYAN IV
CITY CLERK MAYOR
Ira-
E B UTSIS
TTORNEY
2 RESOLUTION #20 Zq.WZ
APPROVED AS TO FORM AND CORRECTNESS:
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DISTRICT FOUR
HIGHWAY MAINTENANCE MEMORANDUM OF AGREEMENT
THIS AGREEMENT, entered into this
-day
of 2O_, by and between the
STATE OF FTORIDA DEPARTMENT OF TRANSPORTATION,a component agency of the State of Florida,
hereinafter called the DEPARTMENT and CITY OF DANIA B EAcH], a political subdivision of the state of
Florida, or a municipal corporation existing under the Law s of Florida, hereinafter called the AGENCY
collectively referred to as Parties.
WITNESSETH:
WHEREAS, the AGENCy has jurisdictionover ryorthbound North 22"d Avenue/SW 12'h Avenud, as
prrt ot tf,r. city ]ro;dway system from lSheridan Stree! to $tirting noa{; and
WHEREAS, the DEPARTMENT may not spend state funds for off-system projects; and
WHEREAS, the Broward County Metropolitan Planning Organization ("MPO") prioritize and
awarded funding to the AGENCY for the design and construction of certain streets pursuant to the "2022
Complete Streets/Localized lnitiatives Program" ("CSLIP"); and
WHEREAS, the MPO requires the AGENCY',S commitment to maintain all improvements made as part of
the csLlP program and in accordance with Title 23 U.S. Code section L16 and Federal Highway Administration
regulations; 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
limitsandtheAGENcYhereinagreestoengagetheDEPARTMENTtoconstructtheimprovements
outlined in this Agreement; and
WHEREAS,pursuanttosuchauthority,theDEPARTMENTandtheAGENcYagreethatthe
DEPARTMENT will construct certain improvements more particularly described as Financial Project lD
l++iSZS-ff *t i.f involve a bicycle faciliiy, sidewalks, traffic calming, and roadway lightinSf hereinafter
'referred io as "the Project", as more particularly described in Exhibit A; and
WHEREAS,thePartiesheretomutuallyrecognizetheneedforenteringintoanAgreement
designating and setting forth the responsibilities of each Party for the Projecu and
WHEREAS, the AGENCY by its lResolution passed lon the
20- a copy of which is attached hereto as Exhibit B and by this
to enter into this Agreement and authorizes its officers to do so'
NoWTHEREFoRE,forandinconsiderationofthemUtualbenefitstof|oweachtotheother,the
Parties covenant and agree as follows;
reference mad
day of -.....-.......-.
e a part hereof, desires
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SECTION No.:
FM No.:
AGENCY:
C.R. No.:
1. The recitals set forth above are true and correct and are deemed incorporated herein'
2. The DEPARTMENT has undertaken and obtainedthe approval ofFederal participation forthe
Project'TheAGENCYisresponsiblefofanyadditionalcostsfortheProjectthataredetermined
to be Federal Aid Non-Participating.
3. The AGENCY hereby grants the DEPARTMENT and its contractors with all the rights and
permissions necessary to enter and construct the Project on AGENCY'S right of way and/or
property to which the AGENCY has such authority, no further requirements to construct the
Project.
lruo additional right of way is required for the Project. The Project will be completed within the AGENCY'S4
6
existing right of waY.
5. The AGENCY shall satisfy any and all tree permit obligations imposed by Broward county
Environmental permittinq: If requested by the DEPARTMENT, the AGENCY shall sign as a joint applicant
,nu u" rerpo*iot" for the permits related to the Project. Further the AGENCY shall be solely responsible
for ensuring that the Project remains in compliance with all permits after the construction is complete'
To the extent and within the limits 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 concerning the Project. TheAGENCYshall be the applicant for
any and all occupancy permits that are required for the Project, if any
7. TheAGENCYshall continue to maintain the existing roadway and any property owned bythe
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'
8. The Department shall give the AGENCY seven (7) days' notice before final inspection. The
AGENCY will have the opportunity to inspect and identify corrections to the PRoJECT within
seven (7) days, notice and the DEPARTMENT agrees to undertake those corrections prior to final
acceptance so long as the corrections comply with the Final Proposed construction plans and
specification previously approved by both the DEPARTMENT and the AGENCY'
9. Upon ,,final acceptance,, by the DEPARTMENT of the Project, (as ,,final acceptance,, is described
in the standard specifications for Roadway and Bridge construction dated 2024-25, as amended),
andNoticethereoftotheAGENcY,theAGENcYshallmaintaintheProject,atitsowncost,in
accordance with the following Federally and State accepted standards: (a) FDoT Desi8n Manual
(FDM),currentedition(blFloridaGreenBookdated2ols,asamended(c)Governingstandards
and specifications: FDoT Design Standards dated FY 2024-25, as amended (d) Standard
specificationsforRoadwayandBridgeconstructiondaled2024-25,asamendedbycontract
2
documents, and (e) Manual on Uniform Traffic Control Devices (MUTCD), current edition' or as
amended
10. The AGENCY shall maintain the Project, outlined in Exhibit A, in accordance with the maintenance
standards in paragraPh 9.
11. warranties: The DEPARTMENT shall transfer all ofthe Project warranties to the AGENCY
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a. AGENCY,S Utilities: The AGENCY shall relocate and adjust its own utilities includinS
connection with utility customers.
13. Signals: The AGENCY shall cooperate with the DEPARTMENT to effect signal and interconnect
connections for the Project.
14. Unforeseen issues: lf unforeseen issues 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 Pro.iect is to be constructed or any property adjacent
thereto.
15. E-Verifv Requirements (if applicable):
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 to provide the
services required by this Agreement; and
o shall expressly require any contractors performing work or providing services pursuant
to this Agreement 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
16. This document incorporates and includes all prior negotiations, correspondence, conversations,
agreements, or understandings as represented in th;lFinal Proposed Construction planl.
utilities: The AGENCY shall cooperate with the DEPARTMENT, to the extent necessary, to
accomplish utility relocations for the 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. At its
own expense, the AGENCY shall comply with any and all request of the DEPARTMENT to provide
written notice to utility owner to initiate work necessary to alleviate interference; to remove or
relocate non-compliant utilities; and to place liens upon non-compliant utility owners within the
AGENCY right of way, as defined in Florida statues 337.403 and 337.404. The AGENCY shall be
liable and reimburse the DEPARTMENT for any cost incurred by the DEPARTMENT for the
AGENcY's failure to timely comply with said request
Accordingly,itisagreedthatnodeviationfromthetermshereofshallbepredicatedUponany
prior representation or agreements whether oral or written'
17. The DEPARTMENT will provide the AGENCY with as-builts as a part of the final acceptance
package.
18. This Agreement shall be governed, interpreted and construed according to the laws of the State
of Florida.
19, LIST OF EXH IBITS
. Exhibit A: Project Scope
o Exhibit B: AGENCY'S Resolution
[This space intentionally left blank.]
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lN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year provided
below
AGENCY
ATTE5T:
By
-dayof-'20-
Approved as to form by Office of lity lAttorn"y
By
DEP ENT
STATE OF FLORIDA
DEPARTM ENT OF TRANSPORTATION
By;
Transportation Development Director
-
day ot
-....-_-,
20-
Approval :
Office of the General Counsel
-5-
lctw or oaruta BEACH, through its
BOARD OF CIry COMMISSIONERS
SECTION No.: 85900325
FM No.:
AGENCY:
C.R. No.:
bqssza-tsz-ot
CITY OF DANIA BEACH
N/4
EXHIBIT A
PROJ SCOPE
All of the Project improvements will be constructed by the DEPARTMENT within the AGENCY'S existing
right of way.
Typical section: New typical section, two-lane two-way undivided roadway with 11feet wide lanes with
sharrows, 5 feet wide sidewalks. Drainage swales vary in width throughout the project limits. Raised
intersections at 3 locations- 5 feet wide sidewalks will be constructed in areas where there is currently
no sidewalk.
signing and Pavement Markings: New signing and pavement markings will be installed including bicycle
sharrow pavement markings.
Drainage:Swales will be regraded, and drainage structures installed when impacted by the new
sidewalk and new raised intersections.
Lighting: New roadway lighting will be installed on both sides of the roadway.
Other: construct speed tables at various locations. ADA curb ramp and sidewalk upgrades.
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SECTION No.: 86900325
FM No.: 445526'L-52-Ol
AGENCY: CITY OF DANIA BEACH
C.R. No.: N/A
EXHIBIT B
AGENcY's Resolutiori
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