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HomeMy WebLinkAboutR-2006-167 FDOT (MOA State Road A1A-Gulfstream Road) RESOLUTION NO. 2006-167 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FOR MAINTENANCE BY THE CITY OF A PORTION OF STATE ROAD 5 (5/US- 1) 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 appropriate City officials of the City of Dania Beach are authorized to execute a Maintenance Memorandum of Agreement on behalf of the City with the State of Florida Department of Transportation, for maintenance by the City of a portion of State Road 5 from N.E.33 Street (M.P. 5.806) to the north ramp of U.S. 1 near the corporate limits of the City of Fort Lauderdale (identified as M.P. 1.118) (SR-5/US-1), a copy of which Agreement in substantial form as Exhibit "A", is attached. The City Manager and City Attorney are authorized to make minor revisions to such Agreement as are deemed necessary and proper for the best interests of the City. Section 2. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 3. That this Resolution shall be in force and take effect immediately upon passage and adoption. PASSED AND ADOPTED on October 24, 2006. at� 4�e� PATRICIA FLURY MAYOR-COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM D CORRECTNESS BY: THOMAIS J. A&S RHO CITY ATTO EY 2 RESOLUTION #2006-167 CITY OF DANIA BEACH Agenda Item# o Agenda Request Database Date of Commission Meeting: 10/24/2006 Adopt Resolution ❑X Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid /RFP ❑ Presentation ❑ Continued from: wn Requested Action, (denfity aappropriate Action or Motion) a . Approve standard FDOT Maintenance Agreement Why Action �s Necessa'ry s To allow upgrades and improvements on Federal Highway, US-1, from NE 3rd Street to City limit north of Griffin Road. What Action Accomplishes Improves appearance of Federal Highway, US-1, Purehasmg Requests Dept: Acct#: Amt: Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ a� 3 � Summary Explanation/Background E. : a . ,.,. ,.,a. ,. See memo FuScal Im`P acticbsA Summ r K N .�, a�` .ce Minimal, City already maintains landscaping on Federal Highway, US-1. • Ex}i>IbvtsAttached x Resolution Memo i Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Authorizetl igna 505 Submitted by Leo Williams Date 10/10/06 Department Director Dominic Orlando Date 10/10/06 HR Director Date Finance Director Date City Attorney Date City Manager Date G,ty Clerk Uses w = q; x Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ t NOV - 1 ZOOS Florida Department of Transportation � : JEB BUSH PLANNING AND ENVIRONMENTAL GOVERNOR MANAGEMENT-DISTRICT 4 DENVER J.STUTLER,JR. 3400 West Commercial Boulevard SECRETARY Fort Lauderdale,Fl 33309-3421 Telephone: (954) 777-4601 Fax: (954) 777-4310 October 31, 2006 Ms. Miriam Nasser Deputy City Clerk City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, Florida 33004 Dear Ms. Nasser, RE: District Four(4) Maintenance Memorandum of Agreement(MOA)for SR 5 from N.E. 3rd Street (M.P. 5.806) to North Ramp into FLL (M.P. 1.118). FM #413830-1-52-01. Enclosed is a copy of[he executed Maintenance Memorandum of Agreement for the landscape improvements that w i 11 be constructed for State Road 5 under the City of Dania Beach. If you have any quest ions or need further information, please contact me at (954) 777-4219. Thank you for your cooperation and assistance in this matter. Sincerely, �J4 .��lisieth A. Hassett, R.L.A. FDOT District IV Landscape Architect CC: R.Sierra, P.E., File www.dot.state.fl.us SECTION NO.: 86010- FM NO.(s): 413830-1-52-01 COUNTY: BrowardCounty S.R.NO.: 5 DISTRICT FOUR (4) MAINTENANCE MEMORANDUM OF AGREEMENT THIS AGREEMENT, made and entered into this 3/d;� dayof 2 b and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, a component agency of the State of Florida, hereinafter called the DEPARTMENT and the City of Dania,a political subdivision of the State of Florida, existing under the Laws of Florida,hereinafter called the AGENCY. WITNESSETH: WHEREAS, the DEPARTMENT has jurisdiction over State Road 5 as part of the State Highway System; and WHEREAS, as part of the continual updating of the State of Florida Highway System, the DEPARTMENT, for the purpose of safety, protection of the investment and other reasons, has constructed and does maintain the highway facility as described in Exhibit A attached hereto and incorporated by reference herein, within the corporate limits of the AGENCY; and WHEREAS, the AGENCY is of the opinion that said highway p g ay facilities that contain landscape medians and areas outside the travel way to the right of way line, excluding standard concrete sidewalk, shall be maintained by periodic trimming,cutting,weeding,mowing,fertilizing, litter pick-up,necessary replanting, irrigation repairs, and median concrete replacements as needed; 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 1,o". " dated 20 Z' 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. The DEPARTMENT hereby agrees to install or cause to be installed landscape, irrigation and/or hardscape on the highway facilities substantially as specified in the initial plans and specifications hereinafter referred to as the Project and incorporated herein as Exhibit B. If there are any major changes to the plans, the Department shall provide the modified plans and the AGENCY shall provide their approval or disapproval within 10 business days. The Department may elect to withdraw the landscape if changes are not approved wihin the given time frame. Hardscape shall mean any non-standard roadway, sidewalk or median surface such as, but not limited to interlocking concrete or brick pavers, stamped asphalt and stamped concrete. 2. The AGENCY agrees to maintain the landscape and irrigation within the medians and areas outside the travel way to the right of way line by periodic trimming, cutting, mowing, fertilizing, curb and sidewalk edging, litter pickup and necessary replanting, following the DEPARTMENT'S landscape safety and plant care guidelines. The AGENCY'S responsibility for maintenance shall include all landscaped/turfed areas and areas covered with interlocking pavers or similar type surfacing (hardscape) within the median and areas within the travel way to the right of way line, including paver sidewalks,paver intersections and all paver header curbs, stamped asphalt and concrete areas. It shall be the responsibility of the AGENCY to restore an unacceptable ride condition of the roadway caused by the differential characteristics of the paver brick and/or the header curb on Department of Transportation right-of-way within the limits of the Project. Such maintenance to be provided by the AGENCY is specifically set out as follows: To maintain, which means the proper watering and fertilization of all plants and keeping them as free as practicable from disease and harmful insects; to properly mulch the plant beds; to keep the premises free of weeds; to mow and/or cut the grass to a proper,length; to properly prune all plants which includes: (1)removing dead or diseased parts of plants,or(2) pruning such parts thereof which present a visual hazard for those using the roadway. To maintain also means removing or replacing dead or diseased plants in their entirety, or removing or replacing those that fall below original Project standards. All plants removed for whatever reason shall be replaced by plants of the same size and grade as specified in the original plans and specifications. To maintain also means to keep the hardscape areas free from weeds and replacement of any areas becoming in disrepair so as to cause a safety hazard. To maintain also means to keep litter removed from the median and areas outside the travel way to the right of way line. Plants shall be those items which would be scientifically classified as plants and include but are not limited to trees, grass, or shrubs. If it becomes necessary to provide utilities to the median or side areas(water/electricity)for these improvements, all costs associated with irrigation maintenance, impact fees and connections as well as on-going cost of water are the maintaining AGENCY'S responsibility. The above named functions to be performed by the AGENCY, may be subject to periodic inspections by the DEPARTMENT at the discretion of the DEPARTMENT. Such inspection findings will be shared with the AGENCY and shall be the basis of all decisions regarding,repayment,reworking or Agreement terniination. The AGENCY shall not change or deviate from said plans without written approval of the DEPARTMENT. 3. If at any time after the AGENCY has assumed the landscape installation and/or maintenance responsibility above-mentioned, it shall come to the attention of the DEPARTMENT'S District Secretary that the limits or a part thereof is not properly maintained pursuant to the terms of this Agreement, said District Secretary may at his option issue a written notice that a deficiency or deficiencies exist(s),by sending a certified letter to the AGENCY,to place said AGENCY on notice thereof. Thereafter the AGENCY shall have a period of thirty (30) calendar days within which to correct the cited deficiencies. If said deficiencies are not corrected within this time period,the DEPARTMENT may at its option,proceed as follows: (a) Maintain the landscape or a part thereof, with DEPARTMENT or contractor's personnel and invoice the AGENCY for expenses incurred, or (b) Terminate the Agreement in accordance with Paragraph 7 of this Agreement and remove, by DEPARTMENT or contractor's personnel, all of the land sc ap e/hardscape installed under this Agreement or any preceding agreements except as to trees and palms and charge the AGENCY the reasonable cost of such removal. 4. It is understood between the parties hereto that the landscape covered by this Agreement may be removed,relocated or adjusted at any time in the future as determined to be necessary by the DEPARTMENT in order that the adjacent state road be widened, altered or otherwise changed to meet with future criteria or planning of the DEPARTMENT. The AGENCY shall be given sixty(60)calendar days notice to remove said landscape after which time the DEPARTMENT may remove same. All permits (including tree permits), fees, and any mitigation associated with the removal,relocation or adjustments of these improvements are the maintaining AGENCY'S responsibility. 5. The DEPARTMENT agrees to enter into a contract for the installation of landscape Project for an amount not to exceed S 26,140.00 as defined in Exhibit C. The DEPARTMENT'S participation in the Project cost,as described in Exhibit C is limited to only those items which are directly related to this Project. The AGENCY shall be invited to assist the DEPARTMENT in final inspection at the end of the contractor's 365 day warranty and establishment period. 6. The AGENCY agrees to reimburse the DEPARTMENT all monies expended for the Project, should the landscape/hardscape areas fail to be maintained in accordance with the terms and conditions of this Agreement. 7. This Agreement may be terminated under any one (1) of the following conditions: (a) By the DEPARTMENT,if the AGENCY fails to perform its duties under Paragraph 3, following ten (10) days written notice. (b) By the DEPARTMENT, for refusal by the AGENCY to allow public access to all documents,papers,letters, or other material subject to the provisions of Chapter 119, xf d Florida Statutes, and made or received by the AGENCY in conjunction with this Agreement. 8. The term of this Agreement commences upon execution. 9. To the extent permitted by law, the AGENCY shall indemnify and hold harmless the DEPARTMENT, its officers and employees from all suits, actions, claims and liability arising out of the AGENCY'S negligent performance of the work under this agreement,or due to the failure of the AGENCY to maintain the Project in confonnance with the standards described in Section 2 of this Agreement. 10. The AGENCY may construct additional landscape/hardscape within the limits of the rights- of-ways identified as a result of this document, subject to the following conditions: (a) Plans for any new landscape/hardscape shall be subject to approval by the DEPARTMENT. The AGENCY shall not change or deviate from said plans without written approval by the DEPARTMENT. (b) All landscape shall be developed and implemented in accordance with appropriate state safety and road design standards: (c) The AGENCY agrees to comply with the requirements of this Agreement with regard to any additional landscape installed; (d) No change will be made in the payment terms established under item number five(5) of this Agreement due to any increase in cost to the DEPARTMENT resulting from the installation of landscape added under this paragraph. 11. This writing embodies the entire Agreement and understanding between the parties hereto and there are no other Agreements and understanding, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. 12. 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 such fiscal year. Any contract, verbal or written,made in violation of this subsection is null and void,and no money maybe 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 one (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 TWENTY FIVE THOUSAND DOLLARS ($25,000.00) and which have a term for a period of more than 1 year. 13. The DEPARTMENT'S District Secretary shall decide all questions,difficulties and disputes of any nature whatsoever that may arise under or by reason of this Agreement, the prosecution or fulfillment of the service hereunder and the character, quality, amount and. value thereof, and his decision upon all claims, questions and disputes shall be final and conclusive upon the parties hereto. 14. This Agreement may not be assigned or transferred by the AGENCY in whole or part without the consent of the DEPARTMENT. 15. This Agreement shall be governed by and construed in accordance with the laws,of the State of Florida. In the event of a conflict between any portion of the contract and Florida law,the laws of Florida shall prevail. 16. Any and all notices given or required under this Agreement shall be in writing and either personally delivered with receipt acknowledgement or sent by certified mail, return receipt requested. All notices shall be sent to the following addresses: If to the Department: If to the Agency: State of Florida Department of Transportation City of Dania Beach 3400 West Commercial Blvd. P.O. Box 221890 Ft. Lauderdale, FL 33309-3421 Hollywood, Florida 33022-1890 Attention: Elisabeth A. Hassett, R.L.A. Attention: Mr. Frederick Bloetscher FDOT District IV Landscape Architect c/o Public Utility Mgmt. &Planning Services IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective the day and year first above wr'tten. r f AGENCY STATE OF FLORIDA ' DEPARTMENT OF TRANSPORTATIO By: i'I By:_ Ty nm.4,4,4 Transp rtatio Develop nt Dir 7- 0 Attes . E ;t AL) Attest: Itylli4l., Clerk Executive Secr Approval as o Form Date proval as t orm Date r , l , SECTION NO.: 86010 FM NO.(s): 413830-1-52-01 COUNTY: Broward S.R. NO.: 5 EXHIBIT A I. PROJECT LOCATION: State Road 5 from N.E. 3Td Street (M.P. 5.806) to North Ramp into FLL (M.P. 1.118) II. PROJECT LOCATION MAP: I ! x.tr 'jfy ILTON NOR3 SUNRISE of i it � LAZT LAKE 1 111! t„,p frr �: IttAGE �r S wu0 iirLon Ei Ir<.tr �, ? ST♦rC MICRE r- •..—� .. am aa9 �, - P'L AN iATION 1 91 'a t L u.wx �'�� nfi rn ,\�� tr �ry��r,w�r r>..il•'"'•tr,vf:ta.- � '; :r S i.- ,raj/ lli �Jf trr ,i / JOMN U A.' A 89ACM' . Sta rE CRC7,oN AM `,. ✓ i L .': u�.�,"'C 10 SD+'i. o f r:aii�i w r r1 n L.� ara n Nf S I ,firT t.;r tt r.....�,Gov i ✓�.• w arr� -i �.. �.�,-%i. PEHBROKE ';P��Atc•. io.of ' L SECTION NO.: 86010- FM NO.(s): 413830-1-52-01 COUNTY: Broward County S.R. NO.: 5 EXHIBIT B The DEPARTMENT agrees to install the Project with a contractor in accordance with the plans and specifications attached hereto and incorporated herein. Please see attached plans prepared by Charles Quant, RLA Dated 7/21/06 SECTION NO.: 86010- FM NO.(s): 4138304-52-01 COUNTY: Broward County S.R. NO.: 5 EXHIBIT C PROJECT COST This Exhibit forms an integral part of the DISTRICT FOUR (4) HIGHWAY MAINTENANCE MEMORANDUM OF AGREEMENT between the State of Florida, Department of Transportation and the AGENCY. Dated 7/21/06 I. APPROXIMATE PROJECT COST S 26,140.00 x cD o i 0 0 0 N -� to- O' O O I� CD O N 0 N N til �61)- 0 O I O U T I� 3 Gq F= � Q Q N M� 00 ~O D F— cy w > Q O O O } Z 0 c� cz ear W I a' a' ~ C7 �# U Cl) v 4 Q z w o E 2 w C7 N is o wZ O O � � W a Z Q m Q io 0 Z o � 0 > o co a > w LL J M m C) W O 2 m C cz Q CO > O O Z N co a) a) c J o N Q E N LA V a) O C .1i Z a m O N >. M f . J C6 O M m co 0 d N U F- C/) U W � d N �I � a MAINTENANCE PLAN Project Name: State Road 5 Project Limits:N.E. 3rd Street to North Ramp into FLL Landscape and Irrigation Plans FM No.: 413830-1-52-01 Agency:City of Dania Beach The purpose for the following performance based descriptions of landscape maintenance practices is to allow the plant material on your project to thrive in a safe and vigorous manner. Plantings shall be maintained to provide required visibility and conform to all of the required setbacks as set forth by Florida Department of Transportation's governing standards and specifications; FDOT Design Standards (Most Current Date) and Standard Specifications for Road and Bridge Construction (Most Current Date), as amended by contract documents. Watering Requirements: Watering is probably the most critical concern regarding the maintenance of healthy plant material. The amount of water to apply at any one time varies with the weather, drainage conditions and water holding capacity of the soil. Proper watering techniques should provide even and thorough water dispersal to wet the entire root zone but not to saturate the soil and should avoid over-spray onto travel lanes. Furthermore, the Agency should maintain the rain sensors (if on an irrigation system), to ensure that they are functioning properly and that the system does shut down when there is sufficient rainfall. Avoid extremes in watering. Light, frequent watering is ineffective and produces shallow root systems. Excessive watering that keeps the root zones saturated may kill the plant material due to the lack of available air to the root zone. A typical rule of thumb is that turf areas should receive on an average, a minimum of 1" of water per week, with an equal or lesser amount for trees and shrubs, depending on their individual water usage. Irrigation: Ensure there is no roadway overspray or irrigation activities during the daytime hours (most notably rush hour traffic periods). Fertilization/Insecticides/Fungicides: Due to the poor shallow root soils of the South Florida area, coupled with heavy rainfall during the growing season, available nutrient levels for landscape materials are very low, therefore nutrient amendments are essential. A soil analysis of each planting site should be done to determine the nutrient levels needed for vigorous plant growth. Palms, shrubs, trees and turf areas should be fertilized in such a manner and frequency to ensure that the plant material remains healthy, without under or over nourishing them. An integrated plant management program is required to ensure healthy plants, free of disease and pests. Insecticides and fungicides shall be applied as needed to ensure that plants and grass remain pest and disease free. Mulching: Planting beds should be mulched in such a manner as to: prevent weed growth, retain moisture for use by plants, protect soil from erosion and the loss of nutrients, maintain a more uniform soil temperature and maintain a manicured appearance. Mulch should always be kept away from the trunks of trees, shrubs and palms to prevent rotting and susceptibility to disease. No Cypress mulch should be utilized. Pruning: All pruning shall adhere to ANSI A300 standards (and safety criteria adhered to) and shall be overseen by an ISA Certified Arborist. The older fronds on the Royal Palms shall be routinely pruned to insure that fronds do not fall onto any travel lanes. All pruning shall be done with the health and natural growth of the plant materials in mind and to specific pruning heights of the landscape material shall be determined in order to maintain clear site windows and vertical clearances for pedestrian and truck traffic where applicable. Visibility windows must be free of obstructions. The desired growth habit in landscape planting beds shall be such that shrubs of the same species shall develop into a single mass and be kept separate from adjacent masses of other species. Staking and Guying_ All staking material (except for replacements) will be removed at the completion of the one year warranty period before the city takes over. Turf Mowing: All grassed areas are to be mowed and trimmed with sufficient frequency to maintain a neat and clean appearance. Litter Control: The project site shall remain litter free.. Weeding/Herbicide: All planting areas shall be maintained to be as weed free as possible with mechanical and/or chemical weeding, and where specified on plans, with mulch properly applied and maintained. When utilizing herbicide, extreme care should be taken to avoid any overspray onto plant materials. Any damage resulting from overspray will be the applicator's responsibility to restore per approved plan. . s mC.;ed,;_ ,w Si m wC_ I � tj rl / Z \2 \> \ �■ \ � � , - � i \ £f | () &` . \ & & � / k cri \ k 7 k f / < 2 � © / S / 0 \ f \ ui d 2 / Qq� k / I � � » ( 7/�{\ § ` ;■R21 y :�: Q. % ) \ \ m ¥ ! - — d\ � / . \ TF, I . � � [ ® G 2 � H-1 § Klemm( 2t � LQ \ � Q � i2 _ { \ . . \ v — � C\j ,r h T S � 1 ':y ,III I P•�P 0 /�'' _�': _' l J�6 K��I �i :o' y/ a o II x _ w V o / I z LL N V it �v;� li z � Es5 ;z Cl-� II ,1j, o , cj Lj ob 4= 00 o4�-E I OCR I 1 Z II I UzxLL Q h I N r II J U Q - I,r. N II l i. o II I' I w o� I I, �I , � `�� ' ����\\\ �/�y,� \�\\�'•" II �III I! V LLJ II I Cr- I C� I 1 �� \\_ <0� jl I [ W III I : I��,� W 5 I ✓i' I I P C II Q-- 1;� 'I I III Z�•C �II II,I -, c FLORIDA October 25, 2006 Elisabeth A. Hassett District IV Landscape Architect Florida Department of Transportation Planning & Environmental Management 3400 W. Commercial Boulevard Fort Lauderdale, FL 33309-3421 Dear Ms. Hassett: RE: DISTRICT FOUR MAINTENANCE MEMORANDUM OF AGREEMENT (MOA) FOR STATE ROAD 5, FROM NE 3RD STREET TO NORTH RAMP INTO FLL On October 24, 2006, the Dania Beach City Commission adopted Resolution No. 2006-167 approving the above agreement. A certified copy of the resolution is attached. We are sending four originals of the agreement for execution by the Florida Department of Transportation. Upon execution, please return one original to the City Clerk's Office, for our records. If you have any questions regarding the attached documents, please contact Dominic Orlando, Director of Public Services, at (954) 924-3740. Sincerely, Miriam Nasser Deputy City Clerk Enclosures "Broward's First City" 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 924-3600 www.ci.dania-beach.fl.us