Background:
On January 12, 2016, the City Commission approved Resolution No. 16-2 authorizing the Utilities Director to execute a joint grant application with the City of Weston to construct bicycle lanes along Weston Road, from State Road 84 south to Indian Trace, as part of the Broward County Metropolitan Planning Organization’s (MPO) Complete Streets and Other Localized Initiatives Program (CSLIP). The proposed scope of the work includes widening, milling, resurfacing, drainage, signage, and striping. This project would further strengthen an existing network of bicycle lanes and is recommended in the City’s Bicycle, Pedestrian, and Trails Master Plan.
On April 13, 2021, the City Commission approved Resolution No. 16-2-21-A authorizing the Mayor to execute a Highway Maintenance Memorandum of Agreement (HMMOA) with the Florida Department of Transportation (FDOT) outlining the scope of the project, identifying FDOT’s responsibilities related to the design of the project, allowing FDOT and their contractors to construct the project within the City’s right-of-way, and identifying that the City will be responsible for the maintenance of the improvements once the project receives final acceptance by the City and FDOT.
In order for FDOT to deliver the project, FDOT requires the City of Sunrise, as one of the Utility Agency Owners (UAO) with facilities existing within the project limits, to take on all costs required for any utility related work necessary in conjunction with the project. Any and all adjustments, modifications or relocations of City owned utility infrastructure must be designed, incorporated into the Utility Work by Highway Contractor Agreement (UWHCA), prepared with an appropriate contingency schedule, and funded by the UAO.
The currently identified utility facilities requiring adjustment within this proposed project are ten (10) valve boxes and four (4) manhole covers to align with the new roadway elevation upon completion of the project. The City of Sunrise Utilities Department shall work with the FDOT's Project Manager(s) and design Consultant(s) and other UAO's to fulfill the requirements for completing this project, including coordination and all necessary field and design preparation, attending applicable meetings and providing necessary locations, recommended adjustments, and on-site coordination to ensure these adjustments are completed within the overall roadway improvements completed by FDOT's Contractor.
City staff requested specific changes to the UWHCA form, however FDOT staff would not entertain requests since this is a standard FDOT form. The Agreement includes indemnification that is broader than ordinarily accepted by City's Risk Management; however, the exposure is minimal with the funding reimbursement arrangement with FDOT, and the City will not be self-performing, hiring any consultant or construction firm to do the work. Since the City will not be hiring any contractors for this work, as it will be performed by contractors hired by the FDOT, the terms can be accepted as a business decision by the City.
Authorization is requested from the City Commission to authorize the Utilities Director, or his designee, to sign this UWHCA.