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HomeMy WebLinkAboutCity of Tamarac Resolution R-2021-076Temp. Reso. 13643 July 14, 2021 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R- 2021 r� A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA APPROVING THE HIGHWAY MAINTENANCE MEMORANDUM OF AGREEMENT (MMOA) BETWEEN THE CITY OF TAMARAC AND THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) FOR THE PROSPECT ROAD RIGHT-OF-WAY FROM EAST OF NW 31ST AVENUE TO WEST OF 28TH AVENUE; ; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE SAID HIGHWAY MAINTENANCE MEMORANDUM OF AGREEMENT, PENDING LEGAL REVIEW BETWEEN FDOT AND THE CITY OF TAMARAC, FOR THE PROSPECT ROAD RIGHT-OF-WAY FROM EAST OF NW 31 ST AVENUE TO WEST OF 28TH AVENUE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in 2010, Broward County annexed some of the unincorporated areas to the City, and a section of Prospect Road Right -of -Way (ROW) was inadvertently transferred to the City of Tamarac; and WHEREAS, the City of Tamarac and Broward County are in the process of transferring the Prospect Road ROW back to Broward; and WHEREAS, FDOT has jurisdiction over the ROW, and requires a Highway Maintenance Memorandum of Agreement with the local agency which owns the Prospect Road ROW; and WHEREAS, until the transfer of the Prospect Road ROW is completed, the City of Tamarac is required, by FDOT Regulations, to have a Highway MMOA for said ROW; and Temp. Reso. 13643 July 14, 2021 Page 2 WHEREAS, the City received notice that FDOT prepared a Highway MMOA between the City of Tamarac and FDOT for said ROW, attached hereto as "Exhibit 1 "; and WHEREAS, the Director of Public Services and the Director of Financial Services recommend approval of the Highway MMOA, hereto attached as Exhibit "1 "; and WHEREAS, the City Commission of the City of Tamarac deems it to be in the best interest of the citizens and residents of the City of Tamarac to execute the Highway MMOA with FDOT following legal review, hereto attached as Exhibit "1 "; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA- Section 1: The foregoing "WHEREAS" clauses are HEREBY ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof and all exhibits referenced and attached hereto are incorporated herein and made a specific part of this resolution. Section 2: The City Commission of the City of Tamarac HEREBY approve the Highway Maintenance Memorandum of Agreement, hereto attached as "Exhibit 1" and the appropriate City Officials are HEREBY authorized to execute said Highway MMOA. Section 3: All Resolutions in conflict herewith are HEREBY repealed to the extent of such conflict. Temp. Reso. 13643 July 14, 2021 Page 3 Section 4: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or in application, it shall not affect the validity of the remaining portion or applications of this Resolution. Section 5: This Resolution shall become effective immediately upon its adoption. PASSED, ADOPTED AND APPROVED this )'� day of �� , 2021. A�'/'z (-T(,,-? //- - '/MUHiELL-Iff, MEZ MAYOR ATTEST: JENN)AztR J . 'NEON MC CITY CLERK RECORD OF COMMISSION VOTE: MAYOR GOMEZ DIST 1: COMM. BOLTON DIST 2: COMM. GELIN DIST 3: V/M VILLA -LOBOS DIST 4: COMM. PLACKO I HEREBY CERTIFY that I have app oved this Resolution as to fArm. , 1 J R. HERIN, JR. CftY ATTORNEY SECTION No.: 86518500/86518501 FM No.: 429576-4-52-01 AGENCY: City of Tamarac C.R. No.: N/A DISTRICT FOUR HIGHWAY MAINTENANCE MEMORANDUM OF AGREEMENT THIS AGREEMENT, entered into this j C1 day of 20� by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, c mpo ent agency of the State of Florida, hereinafter called the DEPARTMENT and CITY OF TAMARAC 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 Prospect Road, as part of the City of Tamarac roadway system from east of NW 31 Avenue to west of NW 28 Avenue; 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 429576-4, which involves pedestrian and bicycle connectivity; 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 14 day of I! ��, 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 forth e 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 2021, 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 2019-20, 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 maintaining all roadway, drainage, sidewalk, signing and marking, and signalization improvements. 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. b. 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. 6. No additional right of way is required for the PROJECT. The PROJECT can be completed within the AGENCY's existing right of way. The AGENCY agrees to allow the DEPARTMENT to enter into License agreements with adjacent property owners for the purpose of the Project. -2- 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 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. 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 at its own expense; 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 comply with said request. 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 effect signal and interconnect connections for the Project. 11. Drainage: The AGENCY shall cooperate with the DEPARTMENTto introduce drainage modifications related to the mobility improvements. 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 -3- • 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. The DEPARTMENT will provide the AGENCY with as-builts as a part of the final acceptance package. 16. Additional Insured: The DEPARTMENT shall include the following paragraph as part of Section 7- 13.2 of the Standard Specifications for Road and Bridge Construction, Division 1, General Requirements and Covenants (January 2021), as amended, applicable to this Project: "Cause City of Tamarac to be an additional insured party on the Contractor's Public Liability and Property Damages Liability Insurance policies that insure the Contractor for the described work that it performs under the Contract." 17. This Agreement shall be governed, interpreted and construed according to the laws of the State of Florida. 18. LIST OF EXHIBITS • Exhibit A: Project Scope [This space intentionally left blank.] -4- IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year provided below. AGENCY XXXX CITY, through its CITY OF TAMARAC COMMISSIONERS By: 16 j�� day of 20 Approved as to form by Office of City Attorney 149-AI iI►TA 1:1011 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: Transportation Development Director day of 120 Approval : Office of the General Counsel 162 (Date) SECTION No.: 86518500/86518501 FM No.: 429576-4-52-01 AGENCY: City of Tamarac 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. Typical Section: Consists of 8-10ft sidewalk along both sides of the projects for use by pedestrians and bicyclist. Minor incidental roadway improvements are required as a result of swale reduction. Signing and Pavement Markings: Provide for bicycle markings and signage along 8-10ft sidewalk. Signing and pavement marking to be refurbished at locations where impacted by roadway construction. Signalization: Pedestrian signalization improvements at intersection of SR 7, and Banks Road. Drainage: Miscellaneous drainage improvements related to reduction in swale capacity created by increased sidewalk width. Landscape: Removal of landscaping impacted by roadway work.