HomeMy WebLinkAbout2006 08 28 Consent 406 Resolution 2006-47 West End Center
Date: August 28, 2006
The following Consent Agenda Items were not
discussed during the August 28, 2006 City
Commission Regular Meeting, due to the City
Commission Meeting not being extended.
COMMISSION AGENDA
ITEM 406
CONSENT
August 28, 2006
Meeting
MGR/DEPT
Authorization
REQUEST: The Public Works Department requests City Commission authorization to
approve Resolution 2006-47 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 2006-47 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
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 # 2006-47, 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 ofthe 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 2006-47 (see Exhibit A) and the associated Landscape Construction and
Maintenance Memorandum of Agreement (Attachment 1) are required by FDOT to be
executed by the govemingjurisdiction (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 2006-47 and the proposed Maintenance Agreement make the
City responsible for maintenance of the 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 2006-47 and the proposed Maintenance
Agreement provide for the additional maintenance of the public sidewalk where it will be
located outside ofthe 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 of the 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 2006-47 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 2006-47
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 TRANSPORT A TION, a component agency of
the State of Florida, hereinafter called the "DEPARTMENT" and the
CITY OF WINTER SPRINGS, a political subdivision ofthe 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- , 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 "B." 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
ofthe 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 P1an(s) 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 thereof is 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 landscaping/hardscape 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 ofthis 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 ofthe
State of Florida. In the event ofa 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.
(AGENCY)
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
By:
By:
Mayor or Chairman
District Secretary
Attest:
(SEAL)
Clerk/Director
Attest:
(SEAL)
Executive Secretary
Legal Approval
Legal Approval
EXHIBIT" A"
RESOLUTION
RESOLUTION NO. 2006-47
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 of Transportation (FOOT) has jurisdiction
over and maintains State Road 434 as part of the State Highway System; and
WHEREAS, the Mayor and City Commission seeks to install and maintain certain
landscaping within the S.R. 434 right-of-way to a higher standard than provided by
FOOT; and
WHEREAS, the Mayor and City Commission, as a part of said landscaping,
seeks to remove portions of the existing sidewalk within the S.R. 434 right-of-way and to
connect the remaining sidewalk to a City sidewalk located off said right-of-way; and
WHEREAS, the Mayor and City Commission of the City of Winter Springs wish to
authorize the City Manager to enter into a Landscape Construction and Maintenance
Memorandum of Agreement between FOOT and the City of Winter Springs.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
WINTER SPRINGS, FLORIDA, AS FOLLOWS:
SECTION I - The City Commission of the City of Winter Springs hereby
authorizes the City Manager to enter into a Landscape Construction and Maintenance
Memorandum of Agreement between the City of Winter Springs and the Florida
Department of Transportation in a form 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
day of
,2006.
CITY OF WINTER SPRINGS, FLORIDA
JOHN F. BUSH, MAYOR
ATTEST:
ANDREA LORENZO-LUACES, CITY CLERK
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