HomeMy WebLinkAboutR-2005-026 Maintenance Agreement FDOT RESOLUTION NO. 2005-026
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 A PORTION OF
STATE ROAD 84 (MARINA MILE) WITHIN THE CITY LIMITS OF 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 of Dania
Beach with the State of Florida Department of Transportation for a portion of State Road 84
(Marina Mile), 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 this resolution shall be in force and take effect immediately upon its
passage and adoption.
PASSED AND ADOPTED on February 9, 2005.
94—
r1k. MCELYEA
MAYOR— CO ISSIONER
ATTEST: _
�-LOUISE STILSON
CITY CLERK
ROLL CALL:
COMMISSIONER ANTON - YES
APPROVED AS TO FORM COMMISSIONER CHUNN—YES
AND CORRECTNESS: COMMISSIONER FLURY - YES
VICE-MAYOR MIKES - YES
/ MAYOR MCELYEA - YES
BY:
THO A J. �1NSBRO
CITY A TORNEY
JEB BUSH Florida Department of Transportation -JOSE ABREU
GOVERNOR SECRETARY
District Maintenance
3400 West Commercial Boulevard
Fort Lauderdale,Fl. 33309-3421
Telephone: (954) 777-4200 Fax: (954) 777-4223
March 28, 2005
Ms. Bonnie Temchuk
Assistant to the City Manager
City of Dania Beach P t"
100 West Dania Beach Boulevard
Dania Beach, Florida 33004
Dear Ms. Temchuk:
RE: SR-84 District Four(4) Maintenance Memorandum of Agreement(MOA) for Median
Signs and Plantings.
Enclosed is one fully executed original MOA covering the landscapes and decorative
structure/signs the City of Dania Beach wishes to construct.
Prior to any construction,please furnish signed sealed plans and obtain a permit from FDOT
Operations Center located at 5548 NW 9 Ave.,Ft. Lauderdale Fl. The permit will be official
Notice to Proceed.
Call me at 954-777-4205 if I can be of further help.
Sincerely
R bert Born
District Maintenance
CC: E.Hassett,ASLA,FDOT District Landscape Architect
Candice Jensen,Broward County
Marasol Lotito,City of Ft. Lauderdale
Ron Servedio,FDOT Ft. Lauderdale Operations
s:Maint/Landscape/MOA Transinittals/sr84-Dania.doc
vvwvv.dot;.stat;e.fI.us RECYCLED PAPER
DISTRICT FOUR 4
MAINTENANCE MEMORANDUM OF AGREEMENT
THIS AGREEMENT, made and entered into this� day of A41Zell 2005,by
and between the STATE OF FLORIDA DEPARTMENT OF TRANSPO TATION, a
component agency of the State of Florida, hereinafter called the DEPARTMENT and the City of
Dania Beach, 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 84 as part of the State
Highway System; and
WHEREAS,the AGENCY seeks to install and maintain for one year following installation
certain landscape improvements within the right-of-way of State Road 84; and
WHEREAS,the AGENCY seeks to install and maintain for its expected lifetime following
installation certain hardscape improvements within the right-of-way of State Road 84; 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 a 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 facilities that contains
landscape medians within the right of way line, shall be maintained by periodic trimming, cutting,
fertilizing, litter pick-up, necessary replanting, and repairs 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 No. 2005-026 dated February 9 120%,
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:
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1. The AGENCY hereby agrees to install or cause to be installed landscape and hardscape
(decorative structure/sign"Town of Davie/City of Dania Beach")on the highway facilities as
specified in plans and specifications incorporated herein as Exhibit B, with if any, the
following exceptions and conditions:
(a) The current Florida Department of Transportation Design Standard Index 546 must be
adhered to for motorist clear sight,
(b) Clear zone/horizontal clearance as specified in the Plans Preparation Manual - English
Volume 1, Chapter 2 and Florida Department of Transportation Design Standard Index
700 must be adhered to,
(c) Landscape and decorative structure/sign shall not obstruct roadside signs or permitted
outdoor advertising signs,
(d) If irrigation is to be installed, the DEPARTMENT shall be provided accurate as built
plans of the system so if in the future there is a need for the DEPARTMENT to perform
work in the area, the system can be accommodated as much as possible,
(e) If it becomes necessary to provide utilities to the median or side areas(water/electricity)
® it shall be the AGENCY'S responsibility to bear all associated costs including impact
fees, cost of water and to obtain a permit for such work through the local maintenance
office,
(f) During the installation of the project and future maintenance operations,maintenance of
traffic shall be in accordance with the current edition of the Manual on Traffic Control
Devices (MUTCD) and the current Department Design Standards (series 600),
(g) The AGENCY shall provide the local maintenance office located at
5548 NW 9`h Avenue,Ft. Lauderdale,Fl.,a twenty-four(24)hour telephone number and
the name of a responsible person that the DEPARTMENT may contact,
(h) If there is a need to restrict the normal flow of traffic it shall be done on off-peak hours(9
AM to 3 PM), and the party performing such work shall give notice to the local law
enforcement agency within whose jurisdiction such road is located prior to commencing
work on the project. The DEPARTMENT's Public Information Office shall also be
notified at 954-777-4092,
(i) The AGENCY shall be responsible to clear all utilities within the project limits and bear
all costs for damages resulting from Agency operations,
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(j) The AGENCY shall notify the local maintenance office forty-eight (48) hours prior to
the start of the project at 954-776-4300.
2. The AGENCY agrees to maintain the landscape for one year following installation and
hardscape(s)for its expected lifetime following installation within the median area(s)shown
on Exhibit B outside the travel way by periodic trimming, cutting, plant bed edging,
fertilizing, litter pickup, necessary replanting and any structure/sign repairs as needed
following the DEPARTMENT's landscape safety and plant care guidelines. Hardscape(s)
shall mean any non-standard roadway, structure/sign, sidewalk or median surface such as
interlocking pavers, stamped asphalt and stamped concrete.
The AGENCY'S responsibility for maintenance shall include all landscape,turfed,mulched,
or hardscape areas, and structure/sign within the median right of way shown to be
constructed in Exhibit B,and provide repairs or replacements as needed. 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 properly prune all plants which includes (1)
removing dead or diseased parts of plants,or(2)pruning such parts thereof which present a
. visual safety 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 within the median area(s) shown on Exhibit B outside the travel way. To
maintain also means to keep the structure/sign or any other hardscapes such as brick pavers
in optimum condition. Plants shall be those items,which would be scientifically classified as
plants and include but are not limited to trees or shrubs.
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 termination. The AGENCY shall not change
or deviate from said plans without written approval of the DEPARTMENT.
The DEPARTMENT shall have no maintenance responsibility to the Agency either before
or after the first year. Nor shall the DEPARTMENT ever be responsible for replacement of
any vegetation.
3. If at any time after the AGENCY has undertaken 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 6 of this Agreement and
remove, by DEPARTMENT or contractor's personnel, all of the
landscape/irrigation/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/hardscape 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/hardscape
after which time the Department may remove same.
5. The AGENCY agrees to perform the final inspection and provide written certification that
all safety requirements have been met and for acceptance of the Project.
6. 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,
Florida Statutes, and made or received by the AGENCY in conjunction with this
Agreement.
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(c) By the MAINTAINING AGENCY for convenience,by providing 30 days written
notice to FDOT, subject to AGENCY reimbursing FDOT for the cost of removal of same.
7. The term of this Agreement commences upon execution.
8. 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 conformance with the standards
described in Sections 1 and 2 of this Agreement.
9. 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.
10. 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 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 one year.
11. 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.
12. This Agreement may not be assigned or transferred by the AGENCY in whole or part
without the consent of the DEPARTMENT.
13. 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.
5
14 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
Planning & Environmental Management 100 W. Dania Beach Blvd.
3400 West Commercial Blvd. Dania Beach, Fl, 33004
Ft. Lauderdale, FL 33309-3421
Attention: Elisabeth A. Hassett, R.L.A. Attention: Bonnie Temchuck
FDOT District IV Landscape Architect
IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective
the day and year first above written.
AGENCY --STATE OF FLORIDA
By; <<` ; DEPARTMENT OF TRANSPORTATION
• Ivan Pat,6, tity Manager
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By: By:
yor District Secretary
C.K. McElyea E OF
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Attest �') .{ << Attest: a
City Clerk Ex retary
Louise Stilson
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Approval as to Form D to A proval as to Form Date
Tcm osbro, City Attorney
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SECTION NO.: 86080000
COUNTY: Broward
S.R. NO.: 84
EXHIBIT A
PROJECT LOCATION:
State Road 84 median at approximate M.P. 16.968.
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SECTION NO.: 86080000
COUNTY: Broward
S.R. NO.: 84
EXHIBIT B
See attached plans prepared by The City of Ft. Lauderdale Public Services Department
Architectural Division dated 01-17-02 for structure/sign, and plans prepared by EDSA dated
November 2002 for landscapes.
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iFlorida Department of Transportation
JEB BUSH 105E ABREU
GOVERNOR District Maintenance SECRETARY
3400 West Commercial Boulevard
Fort Lauderdale,Fl. 33309-3421
Telephone: (954)777-4200 Fax: (954)777-4223
January 25, 2005
Ms. Bonnie Temchuk
Assistant to the City Manager
City of Dania Beach
100 West Dania Beach Boulevard
Dania Beach,Florida 33004
Dear Ms. Temchuk:
RE: SR-84 District Four(4)Maintenance Memorandum of Agreement (MOA)for Median
Signs and Plantings.
Enclosed are four original MOAs covering the landscapes and decorative structure/signs the City
of Dania Beach wishes to construct.
You requested section 12 to be modified to accept the transfer of the MOA to the Association.
The city shall remain liable as the party to the agreement. A transfer or assignment is generally
only allowed when there is an annexation or de-annexation.However the city may hire someone
else to perform the necessary maintenance,including an association.
Please have these executed by the City Commission at their earliest convenience returning all to
me with one sealed copy of the Resolution approving such action. Rick Chesser,the
Department's District Secretary,will execute and date the originals returning one for your file.
This will not affect any other State Roads you currently maintain.
Prior to any construction,please furnish signed sealed plans and obtain a permit from FDOT
Operations Center located at 5548 NW 9 Ave.,Ft. Lauderdale Fl.
Call me at 954-777-4205 if I can be of further help.
Rce
District Maintenance
CC: E. Hassett,ASLA,FDOT District Landscape Architect
S:Maint/Iandscape/MOA Transmittalsfsr84-Dania.doc
www.dot.state.fl.us ® RECYCLED PAPER
FLORIDA
February 15, 2005
Robert Born
District Maintenance
Florida Department of Transportation
3400 W. Commercial Boulevard
Ft. Lauderdale, FL 33309-3421
Dear Mr. Born:
RE: SR-84 DISTRICT FOUR (4) MAINTENANCE MEMORANDUM OF
AGREEMENT (MOA) FOR MEDIAN SIGNS AND PLANTINGS
With reference to your letter dated January 25, 2005, please find attached
four (4) originals of the above agreement for execution by FDOT. Please sign
and date all four originals and return one fully executed original to me for our
records. A copy of Resolution No. 2005-026, adopted by the Dania Beach City
Commission on February 9, 2005, is also enclosed for your files.
If you have any questions regarding the attached documents, please
contact Bonnie Temchuk, Assistant to the City Manager, at 954-924-3613.
Sincerely,
Miriam Nasser
Deputy City Clerk
Enclosures
0
"Broward's First City"
100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 924-3600 www.ci.dania-beach.fl.us
Agenda Request Form
City of Dania Beach
Agenda Item:
7
Date of Commission meeting: 2/9/2005
Description of Agenda Item: Resolution approving maintenance agreement with FDOT at no cost to the City
Commission action being requested:
Adopt Resolution or Ordinance �]i Expenditure ❑ Award BID/RFP ❑
Presentation ❑ General approval of item ❑ Continued from meeting
Other(Please explain):
Summaryexplanation,and;background:
Commission approved the Marina Mile 84 Beautification Project in 2004 which included installation of trees and buoys along State Road 84 through
the cities of Ft.Lauderdale,Dania Beach,Hollywood and the Town of Davie. FDOT requires a maintenance agreement be executed by Dania Beach
and the Town of Davie due to the new trees and buoys to be installed. Proposed landscaping will include a one year maintenance agreement through
Broward County and the buoys will include repairs/replacement by Marina Mile 84 Association. The FDOT agreement is for a period of one year.
Marina Mile 84 Association will continue to provide repairs/replacement of buoys and maintenance of roadway and medians will revert back to FDOT.
Attached'exhibits and additional backup m aterials (Please list):
Resolution -electronic attachment
Maintenance Agreement- paper attachment
For purchasing requests ONLY
Department: Amount:
Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑
Account Name: Account Number:
Submitted by. btemchuk Date: 1/31/2005
Department Director: btemchuk Date: 1/31/2005
Admin. Services Director: Date:
Finance Director: - Date:
City Manager: r, Date: 2 /