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HomeMy WebLinkAboutR-2000-009 RESOLUTION NO. 2000-009 A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FOR LANDSCAPING IMPROVEMENTS TO STATE ROAD 818 (GRIFFIN ROAD) FROM WEST OF ANGLERS AVENUE TO EAST OF S.W. 35TH AVENUE 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 Maintenance Memorandum of Agreement between the City of Dania Beach and the State of Florida Department of Transportation for landscaping improvements to State Road 818 (Griffin Road), in substantial form as Exhibit "A", attached, is approved and the appropriate city officials are authorized to execute it. 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 THIS 25T AY OF Y A Y, . - COMMISSIONER ATTEST: ROLL CALL: MAYOR BERTINO - YES �C�li7 VICE-MAYOR MCELYEA- YES SHERYL HAPMAN COMMISSIONER ETLING - YES ACTING CITY CLERK COMMISSIONER CALI - YES COMMISSIONER MIKES- YES APPROVED AS TO FORM AND CORRECTNESS: BY: (� ' 2L - TH M J. ANSBRO CITY ATTORNEY GARES-FDOTSTATE818LANDSCAPING.DOC 1/24/2000 1 RESOLUTION NO. 2000-009 DISTRICT FOUR (4) HIGHWAY BEAUTIFICATION GRANT AND MAINTENANCE MEMORANDUM OF AGREEMENT DSF-REIMB CONTRACT NUMBER THIS AGREEMENT, made and entered into this day of 19 ,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 six 6 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. 2 0 0 0-0 0 9 dated Jan. 2 5 , 2 0 0 0 , 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: l. 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 "B", 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 - Metric Volume 1, Chapter 2 must be adhered to as outlined on relevant sheets in Exhibit D, 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 EXHIBIT "AID 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 though the local maintenance office F. During the installation of the project and future maintenance operations, maintenance of traffic shall be in accordance with the 1988 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. Luaderdale, Fl 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), 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) hours 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. 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, 2 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/hardscapeafter 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$ 41,100 , as defined in Attachment "C". Subject to this limit, the Department will pay only for the following costs: (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"C"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 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, Florida Statutes and made or received by the AGENCY in conjunction with this Agreement. 4 • 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. 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 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 5 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 tyand year ove written. Y-CIT F NIA EACH STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION B :no, Mayor y. MBy: Mich n' City Manager District Secretary • Attest: x (SEAL) Attest: (SEAL) S eryl Chabman Executive Secretary Acting City Clerk APPROVED AS TO F RM & CORRECTNESS : B /: I Thoma A sb o Legal Approval City Attorney 6 SECTION NO. 86015 FIN NO.(s): 40843615401 COUNTY: Broward S.R. NO.: 818 EXHIBIT "A" PROJECT LOCATION State Road 818 (Griffin Road ) from west of Angler's Avenue to east of S.W. 35th Avenue 7 SECTION NO.: 86015 FIN NO.W: 40843615401 COUNTY: Broward S.R. NO.: 818 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:86015 FIN NO.(s): 40843615401 COUNTY: Broward S.R. NO.: 818 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: $62,600.00 Department of Transportation $ 41 ,100.00 City of Hollywood 21 ,500.00 TOTAL $62,600.00 C:\WPDOC\ADMIN\DSF.REI(revision 07/10/95) 9