HomeMy WebLinkAboutR-2001-124 RESOLUTION NO. 2001-124
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE
HIGHWAY BEAUTIFICATION GRANT AND MAINTENANCE MEMORANDUM OF
AGREEMENT FOR BROWARD BEAUTIFUL GRANT 2000/2001 FOR
LANDSCAPING AND BEAUTIFICATION OF DANIA BEACH BOULEVARD FROM
FEDERAL HIGHWAY TO FRONTON BOULEVARD; AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE SAID MAINTENANCE
MEMORANDUM OF AGREEMENT; FURTHER, PROVIDING FOR AN EFFECTIVE
DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH,
FLORIDA.
Section 1. That that certain Highway Beautification Grant and Maintenance Memorandum of
Agreement with the Florida Department of Transportation, covering landscaping and beautification of
Dania Beach Boulevard from Federal Highway to Fronton Boulevard; a copy of which is attached and
made a part of this resolution as Exhibit "A", is approved and the appropriate City Officials are
authorized to execute it.
Section 2. That the Acting City Manager and City Attorney are authorized to make minor revisions
to such Application as are deemed necessary and proper for the best interests of the City.
• Section 3. That all resolutions or parts of resolutions in conflict with this resolution are hereby
repealed to the extent of such conflict.
Section 4. That this resolution shall be in force and take effect immediately upon its passage
and adoption.
PASSED AND ADOPTED THIS 24th DAY OF JULY, 2 01.
PATRICIA FLUKY
MAYOR— COMMISSIONER
ALHARLENE
ST' ROLL CALL:
COMMISSIONER BERTINO - YES
COMMISSIONER MCELYEA - YES
O NSON COMMISSIONER MIKES - ABSENT
ACTING CITYCLERK VICE-MAYOR CHUNN -YES
MAYOR FLURY - YES
APPROVED AS TO FORM AND CORRECTNESS:
BY: r1,kJ R L
TH MAgJ ANSBRO
CITY ATTORNEY
1 RESOLUTION NO. 2001-124
V1%
Florida Department of Transportation
• DISTRICT MAINTENANCE - DISTRICT 4
BUSH 3400 West Commercial Boulevard,Fort Lauderdale,Florida 33309-3421 THOMAS A BARRY,JR.
GOVERNOR SECRETARY
Telephone:(954)777-4200 Fax: (954)797-4223
7/3/01
Mr. Jason Nunemaker
Assistant City Manager
100 West Dania Beach Boulevard
Dania Beach, Fl 33004
Dear Mr. Nu ak /'�
RE: Maintena e Memorandum of Agreement for Broward Beautiful Grant
2000/2001 Funding Cycle for State Road A-1-A (Dania Beach Boulevard)
Enclosed are four Memorandum of Agreement for subject project that need to be
executed by the City and returned to me for execution by the Department. Upon
execution by the Department one copy will be returned to you for the City's files along
with a Notice to Proceed.
Should you have any questions, please call me at (954) 777-4219. Thank you.
iere ,
B. Higgins, ASLA
Landscape Architect
CBI 1/c
www.dot.state.fl.us ®RECYCLED PAPER
DISTRICT FOUR(4)
HIGHWAY BEAUTIFICATION GRANT AND
MAINTENANCE MEMORANDUM OF AGREEMENT
DSF-REIMB
Broward Beautiful- 2000-2001
Contract Number
THIS AGREEMENT, made and entered into this day of 20 ,by 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 BEACH
a political subdivision of the State of Florida,existing under the Laws of Florida,hereinafter called
the AGENCY.
WITNESSETH
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 6(SIX) lane 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 facility that contains
landscape medians and areas outside the travel way to the right of way line, excluding sidewalk,
shall be maintained by periodic trimming,cutting,mowing,fertilizing,litter pick-up and necessary
replanting; 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. dated , 20,
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 AGENCY hereby agrees to install or cause to be installed landscaping on the highway
facility as specified in plans and specifications included as Exhibit A, with if any, the
following exceptions and conditions:
A. The current Florida of Department of Transportation Roadway and Traffic Design
Standard index 546 must be adhered to,
B. Clear zone/horizontal clearance as specified in the Plans Preparation Manual - English
Volume 1, Chapter 2 must be adhered to as outlined on relevant sheets in Exhibit D,
BeEXHIBIT Be
C. Landscaping 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 obtain a permit for such work thought 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 MUTCD and the current
Department Roadway and Traffic Design Standards (series 600),
G. The AGENCY shall provide the local maintenance office located at
5548 N.W.9th Avenue,Ft.Lauderdale,F1 33309,a twenty-four(24)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
(9AM to 3PM), 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 PIO (Public Information Office) shall also be
notified.
I .The AGENCY shall be responsible to clear all utilities within the project limits
J. The AGENCY shall notify the local maintenance office forty-eight (48) prior to the
start of the project,
® 2. The AGENCY agrees to maintain the landscaping and irrigation(if applicable) within the
median and areas outside the travel way to the right of way line, excluding sidewalk and
crosswalks, unless constructed with other than concrete or asphalt at the AGENCY'S
request, by periodic trimming, cutting, mowing, fertilizing, litter pickup and necessary
replanting, following the Department's landscape safety and plant care guidelines. The
AGENCY'S responsibility for maintenance shall include all landscape/turfed areas and areas
covered with interlocking pavers or similar type surfacing (hardscape) within the median,
crosswalks, and areas outside the travel way to the right-of-way line on Department of
Transportation right-of-way within the limits of the Project including all header curbs. Such
maintenance to be provided by the AGENCY is specifically set out as follows:
To maintain, which means the proper watering and proper 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 the header curbs that contain the
hardscape in optimum condition. To maintain also means to keep litter removed from the
median and areas outside the travel way of 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.
The above named functions to be performed by the AGENCY,shall be subject to periodic
inspections by the Department. Such inspection findings will be shared with the AGENCY
and shall be the basis of all decisions regarding payment reduction,reworking or agreement
termination. 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 landscaping 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) Complete the installation or part thereof,with Department or Contractor's personnel
and deduct the cost of such work from the final payment for said work or part
® thereof, or
(b) Maintain the landscaping or a part thereof, with Department or Contractor's
personnel and invoice the AGENCY for expenses incurred, or
(c) Terminate the Agreement in accordance with Paragraph 6 of this Agreement and
remove, by Department or private contractor's personnel, all of the landscaping
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 landscaping 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 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 landscaping/hardscape after which time
the Department may remove the same and any mitigation required for remaining
landscape/hardscape shall be the responsibility of the AGENCY.
5. The Department agrees to reimburse the AGENCY an amount not to exceed$49,992.00 ,
as defined in Attachment C. Subject to this limit, the Department will pay only for the
following costs:
® 3
• (a) Sprinkler/irrigation system
(b) Plant materials and fertilizers/soil amendments.
(c) Paver bricks, header curbs & other hardscape items.
The Department's participation in the project cost,as described in Attachment AC is limited to only
those items which are directly related to this project. Payment shall not be made until (1)
certification of acceptance is received from the AGENCY'S Landscape Architect/or designee and
(2) a Department Landscape Architect and/or his designee has approved the project for final
payment.
(a) Payment shall be made only after receipt and approval of goods and services as
provided in Section 215.42, Florida Statutes.
(b) Any penalty for delay in payment shall be in accordance with Section 215.422(3)(b),
Florida Statutes.
(c) Bills for fees or other compensation for services or expenses shall be submitted in
detail sufficient for a proper preaudit and postaudit thereof, and bills for travel
expenses specifically authorized by this Agreement, if any, shall be submitted and
paid in accordance with the rates specified in Section 112.061, Florida Statutes.
d Records of costs incurred under terms of this Agreement shall be maintained and
( ) g
made available upon request to the Department at all times during the period of this
Agreement and for three years after final payment is made. Copies of these
documents and records shall be furnished to the Department upon request. Records
of costs incurred includes the AGENCY'S general accounting records,together with
supporting documents and records, of the contractor and all subcontractors
performing work, and all other records of the contractor and subcontractors
considered necessary by the Department for a proper audit of costs.
(e) The AGENCY agrees to return all monies received under the terms of this
Agreement, to the Department, should the landscaped area fail to be maintained in
accordance with the terms and conditions of this Agreement.
6. This Agreement may be terminated under any one 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,
4
Florida Statutes and made or received by the AGENCY in conjunction with this
Agreement.
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 construct or maintain the project in conformance with the
standards described in Section 2 of this agreement. Nothing contained in this section shall
constitute a waiver of the City's sovereign immunity or the provisions of Section 768.28,
Florida Statutes.
9. The AGENCY may construct additional landscaping within the limits of the right-of-ways
identified as a result of this document, subject to the following conditions:
(a) Plans for any new landscaping 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 landscaping 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 landscaping 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 AGENCY resulting from the
installation of landscaping added under this item.
10. 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.
11. 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 may be 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 1 year, but any contract so made shall be executory only for the value of
5
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$25,000.00 and which have a term for a period of more than 1 year.
12. . 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.
13. This Agreement may not be assigned or transferred by the AGENCY in whole or part
without the consent of the Department.
14. 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 Agreement and Florida law,
the laws of Florida shall prevail.
IN WITNESS WHEREOF,the parties hereto have caused these presents to be executed the
day and year first above written.
AGENCY STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
By: By:
Pat" Flury, Mayor / District Secretary
e t: (SEAL) Attest: (SEAL)
Char ene J nson Executive Secretary
Acting City Clerk
Legal Appro a Legal Approval
by: /.
Thom s An r , City Attor ev
by:
Jaso un aker
Act ' g City Manager
6
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$25,000.00 and which have a term for a period of more than 1 year.
12. 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.
13. This Agreement may not be assigned or transferred by the AGENCY in whole or part
without the consent of the Department.
14. 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 Agreement and Florida law,
the laws of Florida shall prevail.
IN WITNESS WHEREOF,the parties hereto have caused these presents to be executed the
day and year first above written.
AGENCY STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
By: By:
Pat" Flury, Mayor District Secretary
Attest: (SEAL) Attest: (SEAL)
Char ene jo nson Executive Secretary
Acting City Clerk
Legal Approval Legal Approval
by:
Thomas Ansbro, City Attorney
by:
Jason Nunemaker
Acting City Manager
6
SECTIONNO. 86030
FIN NO.(s): 41141815801
COUNTY: BROWARD
S.R. NO.: A-1-A
CONTRACT NO.:
EXHIBIT "A"
PROJECT LOCATION
Dania Beach Boulevard from Federal Highway (US#1) east to Fronton Boulevard
7
SECTION NO.: 86030
FIN NO.W: 41141815801
COUNTY: BROWARD
S.R. NO.: A-1-A
CONTRACT NO.:
EXHIBIT B
The Department agrees to reimburse the AGENCY for the installation of the project as
reflected in the plans attached hereto and incorporated herein.
8
SECTION NO:86030
FIN NO.(s): 41141815801
COUNTY: BROWARD
S.R. NO.: A-1-A
CONTRACT NO.:
ATTACHMENT C
(GENERAL)
PROJECT COST
This Exhibit forms an integral part of the Highway Beautification Grant
Agreement between the State of Florida, Department of Transportation and
the AGENCY.
Dated
I. PROJECT COST: $100,580.00
Department of Transportation 49,992.00
City of Dania Beach 50,588.00
TOTAL $100,580.00
• CAWPDOC\ADNIIN\DSF.REI(revision 0 7/1 019 51
9
s
�a
Florida Department of 'Transportation
JEB BUSH DISTRICT MAINTENANCE - DISTRICT 4
3400 Nest Commercial Boulevard,Fort Lauderdale,Florida 33309-3421 THOMAS F.BARRY,JR.
GOVERNOR Telephone:(954)777-4200 Fax: (954)777-4223 SECRETARY
7/3/01
Mr. Jason Nunemaker
Assistant City Manager
100 West Dania Beach Boulevard
Dania Beach, Fl 3f004
Dear Mr. Nu aRE: Maintena randum of Agreement for Broward Beautiful Grant
2000/2001 Funding Cycle for State Road A-1-A (Dania Beach Boulevard)
Enclosed are four Memorandum of Agreement for subject project that need to be
executed by the City and returned to me for execution by the Department. Upon
execution by the Department one copy will be returned to you for the City's files along
with a Notice to Proceed.
Should you have any questions, please call me at (954) 777-4219. Thank you.
j
ere ,
B. Higgins, ASLA
Landscape Architect
C B I I/c
www.dot.state.fl.us ®RECYCLED PAPER