Loading...
HomeMy WebLinkAbout2006 09 07 Consent 406 Resolution 2006-47 West End Center COMMISSION AGENDA ITEM 406 CONSENT september 7, 2006 special meeting REQUEST: The Public Works Departmfnt requests City Commission authorization to approve Resolution 2006-47A and enter into a Landscape Construction and Maintenance Agreement with the Florida Department of Transportation for landscape and sidewalk maintenance associated with the West End Center project PURPOSE: The purpose of this agenda item is to request City Commission authorization to approve Resolution 2006-47Aand enter into a Landscape Construction and Maintenance Agreement with the Florida Department of Transportation for landscape and sidewalk maintenance associated with the West End Center project CONSIDERATIONS: . This agenda item is requesting City Commission approval of two items: 1. A Landscape Construction and Maintenance Memorandum of Agreement between the City and the Florida Department of Transportation (FDOT) for landscape and sidewalk maintenance associated with the West End Center project (see Attachment 1) 2. Resolution # 2006-47A which authorizes the City Manager to enter into the Landscape Construction and Maintenance Memorandum of Agreement (see Exhibit A) . The final engineering for the West End Center was approved (with conditions) by the City Commission at the August 10, 2006 Commission meeting. . The approved final engineering plans show the existing FDOT sidewalk in the S.R. 434 right-of-way along the West End Center's property frontage being removed and replaced with a new public sidewalk as a part of the project's front plaza area. The final engineering plans also show new landscaping to be placed within the S.R. 434 right-of- way. Consent Agenda Item 406 August 26, 2006 Page 2 . Resolution 2006-47A see Exhibit A) and the associated Landscape Construction and Maintenance Memorandum of Agreement (Attachment I) are required by FDOT to be executed by the governing jurisdiction (in this case the City) in order for the public sidewalk to be removed from the S.R. 434 right-of-way. Although other projects (most recently Jesup's Reserve) have had similar reconfigurations ofthe S.R. 434 sidewalks, FDOT now requires the proposed sidewalk and landscape design to be formally approved as indicated herein. · In summary, Resolution 2006-47A and the proposed Maintenance Agreement make the City responsible for maintenance ofthe landscaping in the S.R. 434 right-of-way and for the portion of the public sidewalk that will be located on private property. The City is already responsible for landscape maintenance of the S.R. 434 right-of-way in this area as approved by Resolution 2004-05. Resolution 2006-47A and the proposed Maintenance Agreement provide for the additional maintenance of the public sidewalk where it will be located outside of the S.R. 434 right-of-way. The City is responsible for ensuring that this sidewalk conforms with generally accepted standards of sidewalk maintenance. All onsite landscaping and special amenities (pavers, etc.) are to be maintained by the property owner. . As a part ofthe West End Center's Developer's Agreement, the West End Center developer will be required to provide a sidewalk easement to the City to ensure compliance with the attached Agreement and to ensure that the plaza area will be a public space. FUNDING: None RECOMMENDATION: Staff recommends that the Commission approve Resolution 2006-47A and provide authorization to enter into a Landscape Construction and Maintenance Agreement with the Florida Department of Transportation for landscape and sidewalk maintenance associated with the West End Center project. ATTACHMENTS: 1. Attachment 1 - Landscape Construction and Maintenance Memorandum of Agreement 2. Exhibit A - Resolution 2006-47A 3. Exhibit B - Landscape Plans for West End Center 4. Exhibit C - Landscape Maintenance Plan 5. Exhibit D - Maintenance of Traffic Plan COMMISSION ACTION: ATTACHMENT 1 LANDSCAPE CONSTRUCTION AND MAINTENANCE MEMORANDUM OF AGREEMENT LANDSCAPE CONSTRUCTION AND MAINTENANCE MEMORANDUM OF AGREEMENT 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 WINTER SPRINGS, a political subdivision of the State of Florida, existing under the Laws of Florida, hereinafter called the "CITY." WITNESSETH WHEREAS, the DEPARTMENT has jurisdiction over and maintains State Road 434 as part of the State Highway System; and WHEREAS, the CITY seeks to install and maintain certain landscaping within the right of way of State Road 434 in conjunction with the West End Center project; and WHEREAS, the CITY, as part of said landscaping, seeks to remove sidewalk from said right of way and to connect the remaining sidewalk to a CITY sidewalk located off of said right of way; and WHEREAS, the DEPARTMENT agrees to allow the landscaping only under certain conditions necessary to protect the traveling public using said right of way; and WHEREAS, Rule 14-40.003(3)( c), Florida Administrative Code, requires the parties to enter into an Agreement designating and setting forth the responsibilities of each party; and WHEREAS, CITY, by Resolution No. 2006- 47A dated , and attached hereto as Exhibit "A," has accepted said grant and authorized its officers to execute this AGREEMENT on its behalf. 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 CITY hereby agrees to install or cause to be installed landscaping as specified in the Landscape Plan(s) included as Exhibit "8." Such installation shall be in conformance with Florida Administrative Code Rule 14-40.003, as it may be amended from time to time, and the Florida Highway Landscape Guide, which is incorporated into Rule 14-40.003 by reference. The CITY shall not change or deviate from said plan(s) without written approval of the DEPARTMENT. 2. The CITY agrees to maintain the landscaping in accordance with the Landscape Maintenance Planes) included as Exhibit "C." Additionally, the CITY agrees to maintain existing sidewalk which remains within DEPARTMENT right of way within the area between the boundary line on either side of the abutting property extending forward to the back of curb, or if no curb then to the edge of travel lane. Said maintenance will be in accordance with Florida Administrative Code Rule 14-40.003 and the Florida Highway Landscape Guide, as they may be amended from time to time. The CITY's responsibility for maintenance shall be consistent with the requirements of Florida Administrative Code Rule 14-40.003(3)(a)5. The CITY agrees to maintain the CITY sidewalk in conformance with generally accepted standards of sidewalk maintenance. The above named functions to be performed by the CITY shall be subject to periodic inspections by the DEPARTMENT. The CITY shall not change or deviate from said planes) without written approval of the .DEPARTMENT. 3. All landscape installation and all maintenance activities undertaken by CITY shall be in accordance with the Maintenance of Traffic Planes) included as Exhibit "D" and Florida Administrative Code Rule 14-40.003(5). 4. If at any time after the CITY has assumed the landscaping installation or the maintenance responsibility above-mentioned, it shall come to the attention ofthe DEPARTMENT that the limits or a part thereofis not properly installed or maintained pursuant to the terms of this AGREEMENT, the District Secretary or his designee may issue a written notice that a deficiency or deficiencies exist(s), by sending a certified letter to the CITY to place said CITY on notice thereof. Thereafter the CITY 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) If installation is not completed in accordance with the plans in paragraph 1, the DEPARTMENT may complete the installation, with DEPARTMENT or Contractor's personnel, and deduct the reasonable cost thereof from the money otherwise due the CITY under this AGREEMENT. (b) If installation has been properly completed or if the DEPARTMENT elects not to complete the installation under (a) above, and maintenance by CITY is not in compliance with paragraphs 2 or 3, the DEPARTMENT may take maintenance action with regard to all or part thereof, with DEPARTMENT or Contractor's personnel, and invoice the CITY for expenses incurred, or (c) The DEPARTMENT may terminate the AGREEMENT, in which case the CITY shall at its own expense and within sixty (60) days after written notice by the DEPARTMENT, remove all of the landscaping that the DEPARTMENT directs be removed and return the right-of-way to its original condition. The CITY will own such materials as it removes and the DEPARTMENT shall own any materials remaining. The DEPARTMENT may, in its discretion, remove, relocate or adjust the landscaping materials, with the CITY being responsible for the cost of any removal. Upon DEPARTMENT action under one of the above options and upon direction of the DEPARTMENT, CITY shall cease installation and maintenance activities under this AGREEMENT. 5. It is understood between the parties hereto that the landscaping covered by this AGREEMENT may be removed, relocated or adjusted by the DEPARTMENT 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. The CITY shall be given sixty (60) calendar days notice to remove said landscapinglhardscape after which time the DEPARTMENT may remove the same. 6. CITY may utilize its employees or third parties to accomplish its obligations under paragraphs 1, 2 or 3; however, CITY remains responsible for proper performance under this AGREEMENT and shall take all steps necessary to ensure that its employees or third parties perform as required under this AGREEMENT. 7. The term of this AGREEMENT commences upon execution. 8. 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. 9. This AGREEMENT may not be assigned or transferred by the CITY in whole or part without the consent of the DEPARTMENT. 10. 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. 11. Public Entity Crime - A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of36 months from the date of being placed on the convicted vendor list. 12. Anti-Discrimination - An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day and year first above written. City of Winter Springs (AGENCY) STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: District Secretary Attest: (SEAL) Executive Secretary Legal Approval Legal Approval EXHIBIT" A" RESOLUTION RESOLUTION NUMBER 2006-47 A A RESOLUTION OF THE CITY COMMISSION OF WINTER SPRINGS, FLORIDA AUTHORIZING THE CITY MANAGER TO ENTER INTO A LANDSCAPE CONSTRUCTION AND MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Florida Department ot Transportation (FOOT) has jurisdiction over and maintains State Road 434 as part ot the State Highway System; and WHEREAS, the Mayor and City Commission seeks to install and maintain certain landscaping within the S.R. 434 right-ot-way to a higher standard than provided by FOOT; and WHEREAS, the Mayor and City Commission, as a part ot said landscaping, seeks to remove portions ot the existing sidewalk within the S.R. 434 right-ot-way and to connect the remaining sidewalk to a City sidewalk located off said right-ot-way; and WHEREAS, the Mayor and City Commission ot the City ot Winter Springs wish to authorize the City Manager to enter into a Landscape Construction and Maintenance Memorandum ot Agreement between FOOT and the City ot Winter Springs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF WINTER SPRINGS, FLORIDA, AS FOLLOWS: SECTION I - The City Commission ot the City ot Winter Springs hereby authorizes the City Manager to enter into a Landscape Construction and Maintenance Memorandum ot Agreement between the City ot Winter Springs and the Florida Department ot Transportation in a torm acceptable to the City Commission. SECTION II - The City Clerk of the City of Winter Springs is hereby directed to send copies of this Resolution to FOOT and all other persons as directed by the Mayor and City Commission. SECTION III - This Resolution shall take effect immediately upon adoption by the City Commission. Passed and adopted this 7th day of September, 2006. CITY OF WINTER SPRINGS, FLORIDA JOHN F. BUSH, MAYOR ATTEST: ANDREA LORENZO-LUACES, CITY CLERK City of Winter Springs. Florida Resolution Number 2006-47 A Page 2 of 2 EXHIBIT "B" LANDSCAPE PLANS - WEST END CENTER WEST END CENTER ONE LANDSCAPE PLAN EXHIBIT "C" LANDSCAPE MAINTENANCE PLAN WEST END CENTER Aug. 17, 2006 West End Professional Centre Winter Spring, Florida LANDSCAPE MAINTENANCE PLAZA AREA SOD Mow grass at regular intervals to maintain a maximum height of 2-1/2 inches. Do not cut more than 1/3 of grass blade at anyone mowing. Neatly trim edges. Immediately remove clippings after mowing and trimming. Water to prevent grass and soil from drying out. Control growth of weeds. Apply herbicides in accordance with manufacturer's instructions. Remedy damage resulting from improper use of herbicides. Immediately replace sod/sprig to areas which show deterioration or bare spots. TREES SHRUBS AND GROUND COVER Neatly trim plants where necessary. Immediately remove clippings after trimming. Water to prevent soil from drying out. Control growth of weeds. Apply herbicides and pesticides in accordance with manufacturer's instructions. Remedy damage resulting from improper use of herbicides. Replenish mulch when needed. HEIGHTS TREES Live Oaks, River Birch - maintain at 8' minimum clear trunk height. HEDGING: Schillings - maintain at 36" high or 4" below window sill max. Azaleas - maintain @ 36" high or 4" below window sill max. Lantana - maintain at 12" above raised planter seat. Eugenia - clip and shape topiary when necessary. Allow lantana to fill in around base. Plumbago - maintain at 18" above raised planter seat. Maintain same height for plumbago at plaza level. Trim plumbago shrubbery to box shape so as not to overflow towards planter seats and paving. -END- EXHIBIT "D" MAINTENANCE OF TRAFFIC PLAN MULTILANE WORK OUTSIDE SHOULDER Mutillane, work on shoulder THE AGREEMENT ATTACHED IS THE PARTIALLY EXECUTED VERSION THAT IS SLIGHTLY DIFFERENT FROM THE PARTIALLY EXECUTED AGREEMENT THAT WENT TO THE CITY COMMISSION. PER BRIAN FIELDS, THIS IS THE CORRECT VERSION. MR. FIELDS SAYS THAT FLORIDA DEPARTMENT OF TRANSPORTATION REQUIRED NEW DOCUMENTS DUE TO CHANGES IN THE PLANS AND SOME LEGAL ISSUES. LANDSCAPE CONSTRUCTION AND MAINTENANCE MEMORANDUM OF AGREEMENT THIS AGREEMENT, made and entered into this day of 2007, y and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, c ponent agency of the State of Florida, hereinafter called the "DEPARTMENT" and the CITY OF WIN'T'ER SPRINGS, a polit' sub i ' ion of the State of Florida, existing under the Laws of Florida, hereinafter called the `AGENCY." WITNESSETH WHEREAS, the DEPARTMENT has jurisdiction over and maintains State Road 434 as part of the State Highway System; and WHEREAS, the AGE C eeks to install and maintain certain landscaping within the right of way of State Road 434; n ~ WHEREAS, th AGENC , as part of said landscapin seeks to remove sidewalk from said right of way and to connect t e remaining sidewalk to an EN sidewalk located off of said right of way; and WHEREAS, the DEPARTMENT agrees to allow the landscaping only under certain conditions necessary to protect the traveling public using said right of way; and WHEREAS, Rule 14-40.003(3)(c), Florida Administrative Code, requires the parties to enter into an Agreement designating and setting forth the responsibilities of each party; and WHEREAS, AGENCY, by Resolution o. ated ,and attached hereto as Exhibit "A," has accepted said gran orized its officers to execute this AGREEMENT on its behalf. 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 GENCI,r hereby agrees to install or cause to be installed landscaping as specified in the Lan an(s) included as Exhibit "B." Such installation shall be in conformance with Florida Administrative Code Rule 14-40.003, as it maybe amended from time to time, and the Florida High dscape Guide, which is incorporated into Rule 14-40.003 by reference. The GENC shall not change or deviate from said plan(s) without written approval of the ARTMENT. 2. The GENC agrees to maintain the landscaping in accord ith the Landscape Mainte nce Plan(s) included as Exhibit "C."Additionally, the ENC agees to maintain existing sidewalk which remains within DEPARTMENT right of way within the area between the boundary line on either side of the abutting property extending forward to the bac to the ed a of travel lane and within the area connecting with sidewalk as shown on Exhibit "B. aid maintenance will be in accor is ative Coe u e - and 'da Highway Landscape Guide, as they may be amended from time to time. Th AGENCY's responsibility for maintenance shall be consistent with the requirements of Florida Administrative Code Rule 14-40.003(3)(a)5. The ~AGEN~Iso agrees to maintain the GENC sidewalk in conformance with generally acce t Bards of sidewalk maintenance. The above named functions to be performed by th AGEN shall be subject to periodic inspections by the DEPARTMENT. The GENC shall not change or deviate from said plan(s) without written approval of the DEPARTMENT. 3. All landscape installation and all maintenance activities undertaken b GENC shall be in accordance with the Maintenance of Traffic Plan(s) included as Exhibit "D" and Florida Administrative Code Rule 14-40.003(5). 4. If at any time after the AGENC has assumed the landscaping installation or the maintenance responsibility a ove-mentioned, it shall come to the attention of the DEPARTMENT that the limits or a part thereof is not properly installed or maintained pursuant to th'e terms of this AGREEMENT, the District Secretary or his designee may 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) If installation is not completed in accordance with the plans in paragraph 1, the DEPARTMENT may complete the installation, with DEPARTMENT or Contractor's personnel, and invoice the AGENCY for expenses incurred. (b) If installation has been properly completed or if the DEPARTMENT elects not to complete the installation under (a) above, and maintenance by AGENCY is not in compliance with paragraphs 2 or 3, the DEPARTMENT may take action to maintain the landscaping or' existing sidewalk or a part thereof, with DEPARTMENT or Contractor's personnel and invoice the AGENCY for expenses incurred, or (c) The DEPARTMENT may terminate the AGREEMENT, in which case the AGENCY shall at its own expense and within sixty (60) days after written notice by the DEPARTMENT, remove all of the landscaping that the DEPARTMENT directs be removed and return the right-of--way to its original condition. The AGENCY will own such materials as it removes and the DEPARTMENT shall own any materials remaining. The DEPARTMENT may, in its discretion, remove, relocate or adjust the landscaping materials, with the AGENCY being responsible for the cost of any removal. Upon DEPARTMENT action under one of the above options and upon direction of the DEPARTMENT, AGENCY shall cease installation and maintenance activities under this AGREEMENT. 5. It is understood between the parties hereto that the landscaping covered by this AGREEMENT may be removed, relocated or adjusted by the DEPARTMENT 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. The AGENCY shall be given sixty (60) calendar days notice to remove said landscaping/hardscape after which time the DEPARTMENT may remove the same, with AGENCY being responsible for the cost of removal. 6. AGENCY may utilize its employees or third parties to accomplish its obligations under paragraphs 1, 2 or 3; however, AGENCY remains responsible for proper performance under this AGREEMENT and shall take all steps necessary to ensure that its employees or third parties perform as required under this AGREEMENT. 7. The term of this AGREEMENT commences upon execution. 8. 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. 9. This AGREEMENT may not be assigned or transferred by the AGENCY in whole or part without the consent of the DEPARTMENT. 10. 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. 11. Public Entity Crime - A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with anypublic entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 12. Anti-Discrimination - An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day and year first above written. CITY OF WINTER SPRINGS, FL (AGENCY) By: w onald W. McLemore C•ty Manage?• Attes : _{SEAL) And Lorenzo••Lua~.es City Clerk Legal App o al STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION sy: Alan E. Hyman Director of Transportation Operations Attest: EAL) Jennifer Wynn Executive Secretary Legal Approval