HomeMy WebLinkAboutCity of Tamarac Resolution R-2015-086E
Temp. Reso. 12690
September 1, 2015
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R- 2015 0
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA APPROVING AND AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO SUBMIT A GRANT
APPLICATION TO THE FLORIDA DEPARTMENT OF
TRANSPORTATION (FDOT) FOR THE HIGHWAY
BEAUTIFICATION COUNCIL GRANT PROGRAM FOR TREES
AND LANDSCAPING ENHANCEMENTS LOCATED ON STATE
ROAD 870 (COMMERCIAL BOULEVARD) FROM
APPROXIMATELY PROSPECT ROAD TO UNIVERSITY DRIVE
IN AN AMOUNT NOT TO EXCEED $101,700, PROVIDING FOR
AT LEAST A ONE-TO-ONE MATCH IN LOCAL FUNDS NOT TO
EXCEED $101,700 IN THE EVENT OF APPROVAL OF THE
APPLICATION, PROVIDING FOR ACCEPTANCE OF THE
AWARD, EXECUTION OF DOCUMENTS, AND ACCEPTANCE
OF A JOINT PARTICIPATION AGREEMENT (JPA) AND
MAINTENANCE MEMORANDUM OF AGREEMENT (MMOA)
WITH FDOT UPON APPROVAL OF THE APPLICATION
PENDING LEGAL REVIEW; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Tamarac wishes to continually
revitalize our community and preserve the environment of Tamarac; and
WHEREAS, The City Commission of the City of Tamarac desires to enhance the
beautification of gateways and corridors leading into and out of the City; and
WHEREAS, the Florida Highway Beautification Council Grant Program provides
funds to municipalities via the Florida Department of Transportation (FDOT) for trees
and landscape projects on state owned rights of way; and
WHEREAS, FDOT formally authorized the City of Tamarac to be an applicant for
the 2015-16 Florida Highway Beautification Council Grant Program via the
Temp. Reso. 12690
September 1, 2015
Page 2
September 2015 correspondence which is attached hereto as "Exhibit A" and is
incorporated herein by this reference, and
WHEREAS, FDOT recommends and the City agrees to provide at least a one-to-
one match in local funds in an amount not to exceed $101,700 in the event of approval
of the grant application; and
WHEREAS, FDOT requires the City enter into a Joint Participation Agreement
(JPA) and Maintenance Memorandum of Agreement (MMOA) between the City of
Tamarac and FDOT in the event of approval of the grant application; and
WHEREAS, the Directors of Community Development and Financial Services
recommend acceptance of the award and entering into a JPA and MMOA with FDOT;
and
WHEREAS, the City Commission of the City of Tamarac deems it to be in the
best interest of the citizens and residents of the City of Tamarac to apply for Florida
Highway Beautification Council grant funds via an application to FDOT and to accept
the award, enter into a JPA and MMOA with FDOT upon approval of the application,
and execute the necessary documents following legal review and approval.
NOW THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
Section 1: The foregoing "WHEREAS" clauses are HEREBY ratified and
confirmed as being true and correct and are HEREBY made a specific part of this
1
Temp. Reso. 12690
September 1, 2015
Page 3
Resolution. All exhibits attached hereto and referenced herein are expressly
incorporated and made a specific part of this Resolution.
Section 2: The appropriate City Officials are HEREBY authorized to apply for
Florida Highway Beautification Grant Program funds via an application through the
Florida Department of Transportation (FDOT) for landscaping enhancements located
on State Road 870 (Commercial Blvd) from approximately Prospect Road to University
Drive in an amount not to exceed $101,700, providing for at least a one-to-one match
in local funds in an amount not to exceed $101,700 in the event of approval of the
application. A copy of said application form is attached hereto as "Exhibit B" which is
incorporated herein by this reference.
Section 3: Upon approval of the application, the appropriate City officials are
HEREBY authorized to accept the award, execute the necessary documents and enter
into a Joint Participation Agreement (JPA) and Maintenance Memorandum of
Agreement (MMOA) with FDOT following legal review and approval. Sample copies of
said agreements are attached hereto as "Exhibit C" and "Exhibit D" respectively and
are incorporated herein by this reference.
Section 4: An appropriation for the receipt and expenditure for this grant will be
included in a budget amendment prior to November 30, 2016 pursuant to F.S.
166.241(2).
Section 5: All Resolutions in conflict herewith are HEREBY repealed to the
extent of such conflict.
1
Temp. Reso. 12690
September 1, 2015
Page 4
Section 6: If any clause, section, other part or application of this Resolution is
held by any court of competent jurisdiction to be unconstitutional or invalid, in part or in
application, it shall not affect the validity of the remaining portion or applications of this
Resolution.
Section 7: This Resolution shall become effective immediately upon its adoption.
PASSED, ADOPTED AND APPROVED this day of 4 �kt� 2015.
-� - 9"
AARRY DRESSLER
MAYOR
ATTEST:
PATRICIA TEUFE CMC
CITY CLERK 9
RECORD OF COMMISSION VOTE:
MAYOR DRESSLER
DIST 1: VICE MAYOR BUSHNELL
DIST 2: COMM. GOMEZ
DIST 3: COMM. GLASSER
DIST 4: COMM. PLACKO
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM
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SA EL S. GOR N
CITY ATTORNEY
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Ceittennial 1=ZZ;r1n
FD T�
1915*2015
Florida Department of Transportation
RICK SCOTT 3400 West Commercial Blvd. JIM BOXOLD
GOVERNOR Fort Lauderdale, FL 33309 SECRETARY
September 17, 2015
Mr, Michael R. Gresek
Grants Administrator
City of Tamarac
7525 N.W. 881h Avenue
Tamarac, Florida 33321
Dear Mr. Gresek,
Subject: 2015-2016 Florida Highway Beautification Council Grant Application Letter of
Authorization for State Road 870 Commercial Boulevard between State Road 817
(University Drive) (M.P. 0.000) to Prospect Road (M.P. 5.007)
The Florida Department of Transportation formally authorizes the City of Tamarac as an applicant for the
2016-2016 Broward Highway Beautification Grant Program for the proposed landscape beautification
project for State Road 870 Commercial Boulevard between State Road $17 (University Drive) (M.P.
0.000) to Prospect Road (M.P. 6,007).
Please remember that this is a competitive process and that grants will be awarded based on a point
system. You are strongly encouraged to comply with the directions specified in the grant application and
to take those steps as necessary to ensure the accuracy, completeness, and timeliness of your
application.
It is also important to note that should you be successful in your effort, the City of Tamarac will be required
to enter into a Landscape Memorandum of Agreement (MMOA) for maintenance of the landscape
improvements and a Joint Participation Agreement (JPA) the financial agreement with the Department
Please feel free to contact me should you have any questions or feel the need for additional assistance in the
processing of your application. I can be reached at 954-777-4219 or by e-mail at
elisabeth.hasseft@dot,state.fl.us.
Ca File
9=
Elisabeth A. Hassett, R.L.A.
District 4 Landscape Architect
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Rule 14-40.020 F.A.C. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION r50-050.10
FLORIDA HIGHWAY BEAUTIFICATION COUNCIL PRODUCTION SUPPORT
OS/15
GRANT APPLICATION
EXHIBIT: B
GENERAL INSTRUCTIONS: Statutory requirements for the Florida Highway Beautification Council Grant Program are found in
Section 339.2405, Florida Statutes. Within Rule Chapter 14-40 Florida Administrative Code, are sections dealing with the grant
application process, grant award process, and funding, construction, and maintenance of beautification projects. These documents
and other helpful information can be reviewed on Florida's Highway Beautification Programs website,
http://www.dot.state.fl. us/pro*ectmanagementoffice/highwaybea utification/
When a decision is made to apply for a Florida Highway Beautification Council Grant, please immediately notify the District Highway
Beautification Council Grant Coordinator (Grant Coordinator). A directory of Grant Coordinators is posted on the program website.
The Grant Coordinator will provide guidance, and help ensure that no other Department projects are in conflict with the grant
project. Grant applications for landscape projects in conflict with other Department projects will not be accepted.
Please complete all items in this application. This form includes a three tab Excel spreadsheet that can be found on the Florida
Department of Transportation website. Attached sketches, photographs, conceptual plans, maps, narratives, and spreadsheets
must be bound, and be no larger than 11_x 17 inches. Any pages larger than 8 % x 11 inches must be folded. Maximum number of
pages for the application is 15; excluding plans, resolutions, and letters of support.
To be eligible for a grant, ten (10) paper copies and a digital copy of the completed application form and.other project information
included in supporting documents must be received by the Grant Coordinator by the end of business on October 1. Late or
incomplete applications, or any addendums or changes will not be accepted. Please retain a file with at least one copy with original
signatures of all submitted documents. Questions should be directed to the Grant Coordinator.
ATTRIBUTES: The Council will evaluate the application based on the following attributes:
1. Aesthetic Value: Describe how the project will enhance the beauty of the project location.
2. Level of Local Support: Describe how the community is making a meaningful investment in the project as evidenced by letters,
local press coverage, local volunteer labor, local business participation, and level of match.
3. Cost effectiveness: Describe how the quality and cost of the materials and labor is an efficient use of grant funding.
4. Feasibility of Installation and Maintenance: Describe how the materials and methods of construction and maintenance
(including water and irrigation) are compatible with roadway safety and operation, and document the ability and commitment
of the maintaining agency.
S. Environmental Benefits: Describe how the project and proposed level of maintenance improve environmental conditions, such
as preventing litter, minimizing erosion, reducing stormwater runoff, improving air and water quality, screening visual blight,
conserving energy, conserving water, and sequestering carbon,
6. Right Plant Right Place: Describe how this project meets the requirements of Florida Friendly Landscaping as defined in Section
373.185, F.S. and required in Section 335.167, F.S..
7. Emphasis on Low Maintenance and Water Conservation: Describe how the plants will grow strong and live long without
extraordinary care.
8. Waste Reduction: Describe how the project utilizes recycled, reused, and reclaimed materials to the greatest extent feasible.
9. Forethought and Planning: Describe how the project contributes to a documented area wide or regional beautification plan.
10. Value to the Community: Describe how the grant will make a meaningful difference aesthetically, economically, and to quality
of life in the community.
PROJECT INFORMATION: Provide with the following supporting documents.
• Location map
• Photographs of existing conditions
• One page written project narrative
• Written or graphic conceptual plan (in accordance
with Rule Chapter 14-40, F.A.C.)
• One paragraph description of each evaluation
attribute
• Photographs or sketches of examples of proposed
improvements
• Estimated project budget (complete all three tabs
on the accompanying Excel spreadsheet)
• Anticipated maintenance activities and schedule
• Anticipated means of providing supplemental water
• Anticipated project schedule
• Required resolution(s)
THIS PAGE OF THE APPLICATION FORM IS FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE SUBMITTED.
Rule 14-40.020 F.A.C. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 660-050-10
FLORIDA HIGHWAY BEAUTIFICATION COUNCIL PRODUCTION SUPPORT
05r15
GRANT APPLICATION Page 1 of
APPLICANT INFORMATION:
Applicant Name (Local Government Entity as defined in Section 11.45, F.S. or a local highway beautification
council as established in accordance with Section 339.2405(9), F.S.):
Federal Employer Identification (FEI) Number of Applicant:
Contact Name:
Position or Title:
Address:
Phone #: Email:
Participating Organization(s):
This application is for a grant in current fiscal year: (e.g., 2014-2015)
PROJECT SUMMARY:
County:
City:
U.S./S.R.#: Local Name:
Length of Project: (Miles or Feet)
From
To:
(Must indicate mileposts and visible landmarks, i.e. intersections)
(Must indicate mileposts and visible landmarks, i.e. intersections)
GRANT SUMMARY (based on Tab 1 of accompanying spreadsheet):
Amount requested: $
Applicant's match: $
Estimated Total Project Cost: $
Rule 14-40.020 F.A.C.
650-050-10
PRODUCTION SUPPORT
05115
Page 2 of 3
APPLICANT ASSURANCES: The person preparing this Application should initial each of the following to
indicate that the Application is complete.
All existing agreements between applicant and Department are in good standing.
Resolution: The applicant's governing body (local government entity, as defined in Section
11.45, F.S.) must have passed a resolution or resolutions approving the grant application and
authorizing the individual who signs the grant application for the applicant to execute
agreements and documents associated with the grant and maintenance of the landscape
project. A copy of such resolution or resolutions must be included with the application.
The Application is being transmitted to the District Highway Beautification Council Grant
Coordinator having jurisdiction of the state highway on which the beautification project is
proposed.
All Project Information listed on page one of the application is attached to this form.
The Project will meet all the Department of Transportation requirements pursuant to Rule 14-
40.003.
The local governing body understands the attributes (listed in the last section of this form) to
be used by the Florida Highway Beautification Council to prioritize all projects, and has
addressed each attribute to the maximum extent possible.
The Application, not including plans, resolutions and letters of support, is 15 pages or less.
PREVIOUS GRANTS: During the past ten (10) years, in what years has the Applicant received a grant from the
Florida Highway Beautification Council?
The undersigned hereby certifies that all requirements of the grant program are understood, and that all
information provided with this grant application is true and correct, and represents the desires of the local
government entity where the project will be installed.
Signature:
Position/Title:
Date:
END OF APPLICANT SECTION
Rule 14-40.020 F.A.C. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 650-050-10
FLORIDA HIGHWAY BEAUTIFICATION COUNCIL PRODUCTION SUPPORT
osn s
GRANT APPLICATION Page 3of3
THIS SECTION TO BE COMPLETED BY FDOT DISTRICT HIGHWAY BEAUTIFICATION COUNCIL GRANT COORDINATOR
Is the applicant a local government entity, as defined in Section 11.45, F.S., or a local highway
beautification council established in accordance with Section 339.2405(9), F.S.?
Yes No
If Grants have been received during the past ten (10) years, are the projects being satisfactorily
maintained according to the terms of agreements?
Yes No
Comments:
As District Highway Beautification Council Grant Coordinator I certify that the application was
received from an eligible applicant on or before the October 1 application deadline, and to the best
of my knowledge, the application meets all of the requirements of Rule 14-40.020, Florida
Administrative Code.
Signature of Grant Coordinator Date
Within ten (10) working days after October 1, the Grant Coordinator shall send eight copies of the
complete application to:
State Transportation Landscape Architect
Florida Department of Transportation
605 Suwannee Street, MS 40
Tallahassee, FL 32399
EXHIBIT C
FM No. xxxxxx-1-xx-01
FEID No: VF-59-xxxxxxxx
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
JOINT PARTICIPATION AGREEMENT
CONTRACT NUMBER
THIS AGREEMENT, 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 XXXXXX, a municipal corporation of the
State of Florida, located at XXXX X XXXXX, XXXXX, Florida XXXXX, hereinafter called the
PARTICIPANT.
WITNESSETH
WHEREAS, the DEPARTMENT and the PARTICIPANT are desirous of having the
PARTICIPANT make certain improvements in connection with Financial Management (FM)
Number XXXXXX-58-01 for landscape improvements in the City of XXXXXXX, Florida, State
Road XXX (XXXXXX XXXXXX) from XXX XXXX (M.P. XXXX) to Florida's Turnpike
Interchange (M.P. XXXXX) XXXXXXXX, Florida, herein after referred to as the Project. Refer to
Exhibit "A for a detailed Scope of Services and Exhibit "B" for a set of Project Plans
attached hereto and made a part hereof; and,
WHEREAS, the improvements are in the interest of both the PARTICIPANT and the
DEPARTMENT and it would be more practical, expeditious, and economical for the
PARTICIPANT to perform such activities; and,
WHEREAS, the PARTICIPANT by Resolution No.
, 20 , a copy of which is attached
hereof, authorizes the proper officials to enter into this Agreement.
adopted on
hereto and made a part
NOW, THEREFORE, in consideration of the mutual benefits to be derived from joint
participation on the Project, the parties agree to the following:
1) The recitals set forth above are true and correct and are deemed incorporated herein.
2) The PARTICIPANT shall be responsible for assuring that the Project complies with all
applicable Federal, State and Local laws, rules, regulations, guidelines and standards, and
will not discriminate on the grounds of race, color, religion, sex, national origin, age or
disability in the performance of work under the Agreement.
3) The DEPARTMENT agrees to make all previous studies, maps, drawings, surveys and
other data and information pertaining to the Project available to the PARTICIPANT at no
extra cost.
4) The PARTICIPANT shall have the sole responsibility for resolving claims and requests for
additional work for the Project. The PARTICIPANT will make best efforts to obtain the
DEPARTMENT'S input in its decisions.
5) The DEPARTMENT agrees to compensate the PARTICIPANT for activities as described
in Exhibit "B". The total cost of the Project is estimated at XXXXX Dollars and No
Page 1 of 16
EXHIBIT C
FM No. xxxxxx-1-xx-01
FEID No: VF-59-xxxxxxxx
Cents ($XXX,000.00). The DEPARTMENT agrees to pay one hundred percent (100%)
of the total actual cost of the Project, up to a maximum amount of XXXXX Dollars and No
Cents ($XXX,000.00) for actual costs incurred. The PARTICIPANT shall submit progress
billings to the DEPARTMENT on a quarterly basis. The balance of the Project cost shall
be the sole responsibility of and paid by the PARTICIPANT. The PARTICIPANT
acknowledges and agrees that the DEPARTMENT'S obligation to make payment under
the AGREEMENT is contingent upon an annual appropriation by the Florida legislature.
(Section 216.311, F.S.)
6) This Agreement and Exhibit "C", attached hereto and made a part hereof shall act to
supersede the normal requirements of AGENCY and to secure separate DEPARTMENT
landscape permit. The DEPARTMENT shall retain any rights in relation to the
PARTICIPANT as if has issued a permit.
7) The PARTICIPANT shall:
(a) Utilize the U.S. Department of Homeland Security's E-Verify system to verify
the employment eligibility of all new employees hired by the PARTICIPANT
during the term of the contract; and
(B) Expressly require any subcontractors performing work or providing services
pursuant to the state contract to likewise utilize the U.S. Department of
Homeland Security's E-Verify system to verify the employment eligibility of all
new employees hired by the subcontractor during the contract term.
(Executive Order Number 2011-02)
8) The PARTICIPANT must certify that the installation of the project is completed by a
Contractor prequalified by the DEPARTMENT as required by Section 2 of the Standard
Specifications for Road and Bridge Construction (2015), as amended unless otherwise
approved by the DEPARTMENT in writing.
Construction Engineering Inspection (CEI) services will be provided at the
PARTICIPANT'S by hiring a DEPARTMENT prequalified consultant firm including one
individual that has completed the Advanced Maintenance of Traffic Level Training, unless
otherwise approved by the DEPARTMENT in writing. The CEI staff shall be present on the
Project at all times that the contractor is working. Administration of the CEI staff shall be
under the responsible charge of a State of Florida licensed Professional Engineer. The
DEPARTMENT shall approve all CEI personnel. The PARTICIPANT is hereby precluded
from having the same consultant firm providing design services.
9) This Agreement and any interest herein shall not be assigned, transferred or otherwise
encumbered by the PARTICIPANT under any circumstances without the prior written
consent of the DEPARTMENT. However, this Agreement shall run to the DEPARTMENT
and its successors.
10) Except as otherwise set forth herein, this Agreement shall continue in effect and be
binding to both the PARTICIPANT and the DEPARTMENT until the Project is accepted in
writing by the DEPARTMENT'S Project Manager as complete, or (June 30, 20XX or
December 31, 20XX-approximately 2 years), whichever occurs first. The DEPARTMENT
Page 2 of 16
EXHIBIT C
FM No. xxxxxx-1-xx-01
FEID No: VF-59-xxxxxxxx
and PARTICIPANT may agree to extend this Agreement in writing. The PARTICIPANT
shall delegate signature authority for the PARTICIPANT to City Manager.
11) The PARTICIPANT shall provide the following quantifiable, measurable, and verifiable
units of deliverables. Each deliverable must specify the required minimum level of service
to be performed and the criteria for evaluating successful completion. The deliverables for
the Project are shown in Exhibit "D" Deliverables, attached hereto and made a part
hereof. The PARTICIPANT will need DEPARTMENT approval in writing, if deviating from
these deliverables and the Landscape Plans as shown in Exhibit "B" when approved by
the DEPARTMENT.
The PARTICIPANT will be reimbursed for actual expenses incurred during the Agreement
time period that are directly related to the installation of landscape improvements as set
forth in this Agreement. The PARTICIPANT will submit a written progress report by the
15'h day of the month following the installation attesting to the actual number of large
and/or small plants installed, along with all irrigation parts received and installed at the
Project site. Upon completion, the PARTICIPANT will notify the DEPARTMENT'S District
Landscape Architect who is responsible for the inspection and acceptance of the
landscape improvements contemplated in this Agreement.
12) Upon completion, and authorized by this Agreement, the PARTICIPANT shall notify the
DEPARTMENT in writing of the completion for all design work that originally required
certification by a Registered Landscape Architect. This notification shall contain a
Landscape Architect's Certification of Compliance Letter, signed and sealed by a
Registered Landscape Architect. The certification letter shall state that work has been
completed in compliance with the Project construction plans and specifications. If any
deviations per paragraph number 12 are found from the approved plans, the certification
shall include a list of all deviations along with an explanation that justifies the reason to
accept each deviation.
13) The PARTICIPANT shall agree to maintain all landscape improvements at its sole cost
and expense and in accordance with the terms of the Landscape Maintenance
Memorandum of Agreement attached hereto and made a part hereof as Exhibit "E".
14) Upon completion and certification of the Project, the PARTICIPANT must submit the final
invoice to the DEPARTMENT within 180 days after the final acceptance of the Project
which may follow the 365 day warranty period. Invoices submitted after the 180 day time
period will not be paid.
15) There shall be no reimbursement for travel expenses under this Agreement.
16) Payment shall be made only after receipt and approval of goods and services unless
advance payments are authorized by the Chief Financial Officer of the State of Florida
under Chapters 215 and 216, F.S.. If the Department determines that the performance of
the PARTICIPANT is unsatisfactory, the Department shall notify the PARTICIPANT of the
deficiency to be corrected, which correction shall be made within a time -frame to be
specified by the Department. The PARTICIPANT shall, within five days after notice from
the Department, provide the Department with a corrective action plan describing how the
PARTICIPANT will address all issues of contract non-performance, unacceptable
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Page 3 of 16
EXHIBIT C
FM No. xxxxxx-1-xx-01
FEID No: VF-59-xxxxxxxx
performance, failure to meet the minimum performance levels, deliverable deficiencies, or
contract non-compliance. If the corrective action plan is unacceptable to the Department,
the PARTICIPANT shall be assessed a non-performance retainage equivalent to 10% of
the total invoice amount. The retainage shall be applied to the invoice for the then -current
billing period. The retainage shall be withheld until the PARTICIPANT resolves the
deficiency. If the deficiency is subsequently resolved, the PARTICIPANT may bill the
Department for the retained amount during the next billing period. If the PARTICIPANT is
unable to resolve the deficiency, the funds retained may be forfeited at the end of the
Agreement's term. (Section 287.058(1)(h), F.S.).
17) Invoices shall be submitted by the PARTICIPANT in detail sufficient for a proper pre -audit
and post audit based on the quantifiable, measurable and verifiable units of deliverables
as established in Exhibit "B" and Exhibit "D". Deliverables must be received and
accepted in writing by the Department's Project Manager prior to payments. (Section
287.058 (1)(a), F.S.).
18) Supporting documentation must establish that the deliverables were received and
accepted in writing by the PARTICIPANT and must also establish that the required
minimum level of service to be performed based on the criteria for evaluating successful
completion as specified in Section 12) has been met.
19) PARTICIPANT providing goods and services to the DEPARTMENT should be aware of
the following time frames. The DEPARTMENT has (10) ten working days to inspect and
approve the goods and services where working day is defined as any day of the week
excluding Saturday, Sunday and any legal holiday as designated in Section 110.117,
Florida Statutes. The DEPARTMENT has (20) twenty working days to deliver a request
for payment (voucher) to the Department of Financial Services. The (20) twenty working
days are measured from the latter of the date the invoice is received or the goods or
services are received, inspected and approved. The PARTICIPANT providing goods and
services to the Department should be aware of the following time frames. Inspection and
approval of goods or services shall take no longer than (20) twenty working days. The
Department has 20 days to deliver a request for payment (voucher) to the Department of
Financial Services. The 20 days are measured from the latter of the date the invoice is
received or the goods or services are received, inspected, and approved. (Section
215.422(1), F.S.).
20) If a payment is not available within (40) forty days, a separate interest penalty at a rate as
established pursuant to Section 55.03(1), Florida Statutes, will be due and payable, in
addition to the invoice amount, to the PARTICIPANT. Interest penalties of less than one
(1) dollar will not be enforced unless the PARTICIPANT requests payment. Invoices that
have to be returned to a PARTICIPANT because of PARTICIPANT preparation errors will
result in a delay in the payment. The invoice payment requirements do not start until a
properly completed invoice is provided to the DEPARTMENT. (Section 215.422(3)(b),
F.S.)
21) A Vendor Ombudsman has been established within the Department of Financial Services.
The duties of this individual include acting as an advocate for PARTICIPANT who may be
experiencing problems in obtaining timely payment(s) from a state agency. The Vendor
Cl
�E�rtt�< E 1 .Eit,c
Page 4 of 16
EXHIBIT C
FM No. xxxxxx-1-xx-01
FEID No: VF-59-xxxxxxxx
Ombudsman may be contacted at (850) 413-5516 or by calling the Division of Consumer
Services at 1-877-693-5236. (Section 215.422(5) and (7), F.S.)
22) Records of costs incurred under the 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 five years after final payment is made. Copies of these documents and
records shall be furnished to the DEPARTMENT upon request. Records of costs incurred
include the PARTICIPANT'S general accounting records and the Project records, together
with supporting documents and records, of the contractor and all subcontractors
performing work on the Project, and all other records of the Contractor and subcontractors
considered necessary by the Department for a proper audit of costs.
23) In the event this contract is for services in excess of TWENTY-FIVE THOUSAND
DOLLARS ($25,000.00) and a term for a period of more than one year, the provisions of
Section 339.135(6)(a), Florida Statutes, are hereby incorporated:
"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 such 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."
24) The PARTICIPANT warrants that it has not employed or obtained any company or person,
other than bona fide employees of the PARTICIPANT, to solicit or secure this Agreement,
and it has not paid or agreed to pay any company, corporation, individual or firm, other
than a bona fide employee employed by the PARTICIPANT. For breach or violation of this
provision, the DEPARTMENT shall have the right to terminate the Agreement without
liability.
25) In a contract executed between the PARTICIPANT and one or more contractors arising
out of this Agreement, such contract shall state that:
To the fullest extent permitted by law the PARTICIPANT contractor shall indemnify and
hold harmless the PARTICIPANT, the State of Florida, Department of Transportation, and
its officers and employees, from liabilities, damages, losses and costs, including, but not
limited to, reasonable attorney's fees, to the extent caused by the negligence,
recklessness or intentional wrongful misconduct of contractor and persons employed or
utilized by contractor in the performance of this Contract.
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Page 5 of 16
EXHIBIT C
FM No. xxxxxx-1-xx-01
FEID No: VF-59-xxxxxxxx
This indemnification shall survive the termination of this Agreement. Nothing contained in
this paragraph is intended to nor shall it constitute a waiver of the State of Florida and
PARTICIPANT'S sovereign immunity.
In a contract executed between the PARTICIPANT and one or more consultants arising
out of this Agreement, such contract shall state that:
To the fullest extent permitted by law, the PARTICIPANT'S consultant shall indemnify and
hold harmless the PARTICIPANT, the State of Florida, Department of Transportation, and
its officers and employees from liabilities, damages, losses, and costs, including, but not
limited to, reasonable attorney fees to the extent caused, in whole or in part, by the
professional negligence, error or omission, recklessness, or intentional wrongful conduct
of the consultant or persons employed or utilized by the consultant in the performance of
the Agreement. This indemnification shall survive the termination of this Agreement.
Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the
State of Florida and PARTICIPANT'S sovereign immunity.
26) 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. The PARTICIPANT agrees to waive forum and
venue and that the DEPARTMENT shall determine the forum and venue in which any
dispute under this agreement is decided.
27) This document incorporates and includes all prior negotiations, correspondence,
conversations, agreements, or understandings applicable to the matters contained herein,
and the parties agree that there are no commitments, agreements or understandings
concerning the subject matter of this Agreement that are not contained in this document
except the Landscape Maintenance Memorandum of Agreement between the
DEPARTMENT and the PARTICIPANT which is included as Exhibit "F". Accordingly, it is
agreed that no deviation from the terms hereof shall be predicated upon any prior
representation or agreements whether oral or written. It is further agreed that no
modification, amendment, or alteration in the terms and conditions contained herein shall
be effective unless contained in a written document executed with the same formality and
of equal dignity herewith.
28) Any or all notices (except invoices) given or required under this Agreement shall be in
writing and either personally delivered with receipt acknowledged or sent by certified mail,
return receipt requested. All notices delivered shall be sent to the following addresses:
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Page 6 of 16
If to the DEPARTMENT:
State of Florida Department of Transportation
3400 West Commercial Blvd.
Ft. Lauderdale, FL 33309-3421
Attention: Elisabeth A. Hassett, R.L.A.
FDOT District IV Landscape Architect
A second copy to: Office of the General Counsel
29. LIST OF EXHIBITS
EXHIBIT C
FM No. xxxxxx-1-xx-01
FEID No: VF-59-xxxxxxxx
If to the PARTICIPANT:
City of XXXXXX
XXXX X XXXXX XX
XXXXXX, Florida XXXXX
Contact
Title
With a Copy to: City Attorney
Exhibit A: Scope of Services
Exhibit B: Project Plans
Exhibit C: Permit Requirements
Exhibit D: Deliverables
Exhibit E: Landscape Maintenance Memorandum of Agreement
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Page 7 of 16
EXHIBIT C
FM No. xxxxxx-1-xx-01
FEID No: VF-59-xxxxxxxx
IN WITNESS WHEREOF, this Agreement is to be executed below for the purposes
specified herein. Authorization has been given to enter into and execute this Agreement by
Resolution , hereto attached.
AGENCY
By:
Chairperson/Mayor/Manager
Attest:
Clerk
Legal Review
Attorney
(SEAL)
Date
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
go
Director of Transportation Development
Attest:
Executive Secretary
Legal Review
Office of the General Counsel
i�ai"3li<te 6i1�
Page 8 of 16
(SEAL)
Date
EXHIBIT C
FM No. xxxxxx-1-xx-01
FEID No: VF-59-xxxxxxxx
EXHIBIT A
SCOPE OF SERVICES
The PARTICIPANT (City of XXXXXX) agrees to make certain landscape improvements on
State Road XXX (xxxxxx xxxxx) from xxxx (M.P. xx.xx) to XXXXX XXXXX (M.P. xx.xx)
XXXXXX, Florida, and will subsequently furnish, construct, and inspect the landscape as shown
in the plans and specifications prepared by XXXX XXXX, RLA, Xxxxx, XX, 2015. Work on the
plans, "to be done by others", or "not in this project" shall not be performed under this
agreement and shall not be reimbursed, nor is permission granted to perform this work on State
right of way. The following conditions shall apply:
(a) The current Florida Department of Transportation Design Standard Index 546 must be
adhered to.
(b) Lateral offset as specified in the Plans Preparation Manual — English Volume 1, Chapter 2.
(c) Landscape materials shall not obstruct roadside signs or the outdoor advertising view
zones for permitted outdoor advertising signs per Florida Statutes 479.106.
(d) Landscape materials shall be of a size, type and placement so as not to impede large
machine mowing that the DEPARTMENT currently provides and will continue to provide at
the same frequency.
(e) Should the PARTICIPANT elect to design, furnish and construct irrigation, all costs
associated with water source connection(s), continued maintenance of the distribution
system and water, and electricity costs shall be born solely by the PARTICIPANT. All
permits (including tree permits), fees, and any mitigation associated with the removal,
relocation or adjustments of these improvements are the PARTICIPANT'S responsibility.
(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 Design Standards (series 600).
(g) If there is a need to restrict the normal flow of traffic it shall be done in accordance with the
approved Maintenance of Traffic Plan (see Exhibit B). The party performing such work
shall give 48 hour 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 by phone at 954-777-4092 at least 48 hours in
advance.
(h) The PARTICIPANT shall be responsible to clear all utilities within the Project limits.
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Page 9 of 16
EXHIBIT C
FM No. xxxxxx-1-xx-01
FEID No: VF-59-xxxxxxxx
EXHIBIT B
PROJECT PLANS
Please see attached plans prepared by:
XXXX XXXX, RLA1
Firm Name
and
Dated: Xxxx, xx, 2015
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Page 10 of 16
EXHIBIT C
FM No. xxxxxx-1-xx-01
FEID No: VF-59-xxxxxxxx
EXHIBIT C
PERMIT REQUIREMENTS
The Project shall be designed and constructed in accordance with the latest edition of the
DEPARTMENT'S Standard Specifications for Road and Bridge Construction and
DEPARTMENT Design Standards and Manual of Uniform Traffic Control Devices
("MUTCD"). The following guidelines shall apply as deemed appropriate by the
DEPARTMENT: the DEPARTMENT Structures Design Manual, AASHTO Guide
Specifications for the Design of Pedestrian Bridges, AASHTO LRFD Bridge Design
Specifications, the DEPARTMENT Plans Preparation Manual ("PPM") Manual for Uniform
Minimum Standards for Design, Construction and Maintenance for Streets and Highways
(the "Florida Green Book") and the DEPARTMENT Traffic Engineering Manual. The
AGENCY will be required to submit any construction plans required by the DEPARTMENT
for review and approval prior to any work being commenced. Should any changes to the
plans be required during construction of the Project, the AGENCY shall be required to notify
the DEPARTMENT of the changes and receive approval from the DEPARTMENT prior to
the changes being constructed. The AGENCY shall maintain the area of the project at all
times and coordinate any work needs of the DEPARTMENT during construction of the
project.
2. The AGENCY shall notify the DEPARTMENT a minimum of 48 hours before beginning
construction within DEPARTMENT right of way. The AGENCY shall notify the
DEPARTMENT should construction be suspended for more than 5 working days. The
DEPARTMENT contact person for construction is Vikrant Srivastava at Broward Operations
located at 5548 N.W. 9th Avenue, Fort Lauderdale, Florida 33309, Telephone number
(954)958-7657, Email address Vikrant.srivastava(a7dot.state. fl.us, Brett Drouin at Palm
Beach Operation located at 7900 Forest Hill Boulevard, West Palm Beach, Florida 33413,
Telephone number (561)432-4966, Email address Brett. drouinca)-dot.s#ate.fl.us, Paul Brege
at Treasure Coast Operations located at 3601 Oleander Avenue, Fort Pierce, Florida
34982, Telephone number (772-465-7396, Email address Paul.brege .do#.state.fl.us.
3. The AGENCY shall be responsible for monitoring construction operations and the
maintenance of traffic ("MOT") throughout the course of the project in accordance with the
latest edition of the DEPARTMENT Standard Specifications, section 102. The AGENCY is
responsible for the development of a MOT plan and making any changes to that plan as
necessary. The MOT plan shall be in accordance with the latest version of the
DEPARTMENT Design Standards, Index 600 series. Any MOT plan developed by the
AGENCY that deviates from the DEPARTMENT Design Standards must be signed and
sealed by a professional engineer. MOT plans will require approval by the DEPARTMENT
prior to implementation.
4. The AGENCY shall be responsible for locating all existing utilities, both aerial and
underground, and for ensuring that all utility locations be accurately documented on the
construction plans. All utility conflicts shall be fully resolved directly with the applicable utility.
5. The AGENCY will be responsible for obtaining all permits that may be required by other
agencies or local governmental entities.
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Page 11 of 16
EXHIBIT C
FM No. xxxxxx-1-xx-01
FEID No: VF-59-xxxxxxxx
6. It is hereby agreed by the parties that this Agreement creates a permissive use only and all
improvements resulting from this Agreement shall become the property of the
DEPARTMENT. Neither the granting of the permission to use the DEPARTMENT right of
way nor the placing of facilities upon the DEPARTMENT property shall operate to create or
vest any property right to or in the AGENCY, except as may otherwise be provided in
separate agreements. The AGENCY shall not acquire any right, title, interest or estate in
DEPARTMENT right of way, of any nature or kind whatsoever, by virtue of the execution,
operation, effect, or performance of this Agreement including, but not limited to, the
AGENCY's use, occupancy or possession of DEPARTMENT right of way. The parties agree
that this Agreement does not, and shall not be construed to, grant credit for any future
transportation concurrency requirements pursuant to chapter 163, Florida Statutes.
7. The AGENCY shall perform all required testing associated with the design and construction
of the project. Testing results shall be made available to the DEPARTMENT upon request.
The DEPARTMENT shall have the right to perform its own independent testing during the
course of the Project.
8. The AGENCY shall exercise the rights granted herein and shall otherwise perform this
Agreement in a good and workmanlike manner, with reasonable care, in accordance with
the terms and provisions of this Agreement and all applicable federal, state, local,
administrative, regulatory, safety and environmental laws, codes, rules, regulations, policies,
procedures, guidelines, standards and permits, as the same may be constituted and
amended from time to time, including, but not limited to, those of the DEPARTMENT,
applicable Water Management District, Florida Department of Environmental Protection,
Environmental Protection Agency, the Army Corps of Engineers, the United States Coast
Guard and local governmental entities.
9. If the DEPARTMENT determines a condition exists which threatens the public's safety, the
DEPARTMENT may, at its discretion, cause construction operations to cease and
immediately have any potential hazards removed from its right of way at the sole cost,
expense, and effort of the AGENCY. The AGENCY shall bear all construction delay costs
incurred by the DEPARTMENT.
10. The AGENCY shall be responsible to maintain and restore all features that might require
relocation within the DEPARTMENT right of way.
11. The AGENCY will be solely responsible for clean up or restoration required to correct any
environmental or health hazards that may result from construction operations.
12. The AGENCY will be required to maintain the Project until final acceptance by the
DEPARTMENT. The acceptance procedure will include a final "walk-through" by AGENCY
and DEPARTMENT personnel. Upon completion of construction, the AGENCY will be
required to submit to the DEPARTMENT final as -built plans and an engineering certification
that construction was completed in accordance to the plans. Submittal of the final as -built
plans shall include one complete set of the signed and sealed plans on 11" X 17" plan
sheets and an electronic copy prepared in Portable Document Format (PDF). Prior to the
termination of this Agreement, the AGENCY shall remove its presence, including, but not
limited to, all of the AGENCY's property, machinery, and equipment from DEPARTMENT
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Page 12 of 16
EXHIBIT C
FM No. xxxxxx-1-xx-01
FEID No: VF-59-xxxxxxxx
right of way and shall restore those portions of DEPARTMENT right of way disturbed or
otherwise altered by the Project to substantially the same condition that existed immediately
prior to the commencement of the Project.
13. If the DEPARTMENT determines that the Project is not completed in accordance with the
provisions of this Agreement, the DEPARTMENT shall deliver written notification of such to
the AGENCY. The AGENCY shall have thirty (30) days from the date of receipt of the
DEPARTMENT'S written notice, or such other time as the AGENCY and the DEPARTMENT
mutually agree to in writing, to complete the Project and provide the DEPARTMENT with
written notice of the same (the "Notice of Completion"). If the AGENCY fails to timely deliver
the Notice of Completion, or if it is determined that the Project is not properly completed
after receipt of the Notice of Completion, the DEPARTMENT, within its discretion may: 1)
provide the AGENCY with written authorization granting such additional time as the
DEPARTMENT deems appropriate to correct the deficiency(ies); or 2) correct the
deficiency(ies) at the AGENCY 's sole cost and expense, without DEPARTMENT liability to
the AGENCY for any resulting loss or damage to property, including, but not limited to,
machinery and equipment. If the DEPARTMENT elects to correct the deficiency(ies), the
DEPARTMENT shall provide the AGENCY with an invoice for the costs incurred by the
DEPARTMENT and the AGENCY shall pay the invoice within thirty (30) days of the date of
the invoice.
14. The AGENCY shall implement best management practices for erosion and pollution control
to prevent violation of state water quality standards. The PARTICIPANT shall be responsible
for the correction of any erosion, shoaling, or water quality problems that result from the
construction of the Project.
15. Portable Traffic Monitoring Site (PTMS) or a Telemetry Traffic Monitoring Site (TTMS) may
exist within the vicinity of your proposed work. It is the responsibility of the AGENCY to
locate and avoid damage to these sites. If a PTMS or TTMS is encountered during
construction, the Planning and Environmental Management Office (PL&EM) must be
contacted immediately at 954-777-4601.
16. During construction, highest priority must be given to pedestrian safety. If permission is
granted to temporarily close a sidewalk, it should be done with the express condition that an
alternate route will be provided, and shall continuously maintain pedestrian features to meet
Americans Disability Act (ADA) standards.
17. Restricted hours of operation will be from 9:OOam to 3:30 pm, (Monday -Friday), unless
otherwise approved by the Operations Engineer, or designee.
18. Lane closures on the state road system must be coordinated with the Public Information
Office at least two weeks prior to the closure. The contact information for the
DEPARTMENT's Public Information Office is:
Barbara Kelleher
Florida Department of Transportation Public Information Office
3400 West Commercial Blvd.
Fort Lauderdale, Florida 33309
954-777-4090
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Page 13 of 16
EXHIBIT C
FM No. xxxxxx-1-xx-01
FEID No: VF-59-xxxxxxxx
EXHIBIT D
DELIVERABLES
*THE PARTICIPANT WILL NEED DEPARTMENT APPROVAL IF DEVIATING FROM
THESE DELIVERIBLES AS SHOWN IN EXHIBIT B and E.
PLEASE SEE ATTACHED
MIcrkd,Ap
t;€ctilt.i I it.._
Page 14 of 16
4 1
EXHIBIT C
FM No. xxxxxx-I-xx-01
FEID No: VF-59-xxxxxxxx
DELIVERABLES
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Page 15 of 16
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EXHIBIT C
FM No. xxxxxx-1-xx-01
FEID No: VF-59-xxxxxxxx
EXHIBIT E
LANDSCAPE MAINTENANCE MEMORANDUM OF AGREEMENT
PLEASE SEE ATTACHED
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Page 16 of 16
SECTION No.:
FM/Permit No. (s):
Connected JPA No:
COUNTY:
S.R. No.:
EXHIBIT D
INSERT SECTION #
INSERT FM/PERMIT
INSERT JPA (if appl)
INSERT COUNTY
INSERT SR
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
DISTRICT FOUR
LANDSCAPE 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 XXXX
of XXXX, a (municipal corporation or political subdivision), existing under the Laws of Florida,
hereinafter called the AGENCY.
WITNESSETH:
WHEREAS, the DEPARTMENT has jurisdiction over State Road XXX (XXXXXX XXXX) as
part of the State Highway System as described in Exhibit "A"; and
WHEREAS, the AGENCY seeks to install (or have installed by permit) and maintain certain
landscape improvements within the right of way of State Road XXX (XXXXXX XXXX) as
described within Exhibit "B"; 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 the highway facility as described in Exhibit "A" attached hereto
and incorporated by reference herein, (within the corporate limits of the AGENCY or within the
unincorporated County); and
WHEREAS, the AGENCY is agreeable to maintaining those landscape improvements within
the AGENCY'S limits including plant materials, irrigation system and/or hardscape to medians
and areas outside the travelway to the right of way line and/or areas within the travelway that
may contain specialty surfacing (concrete pavers, color stamped concrete and color stamped
asphalt [also known as patterned pavement]) including any other nonstandard hardscape (if
applicable), but excluding standard concrete sidewalk, and agree such improvements shall be
maintained by periodic mowing, fertilizing, weeding, litter pick-up, pruning, necessary replanting,
irrigation repair and/or repair of the median concrete replacements associated with the specialty
surfacing (if applicable) as needed; and
WHEREAS, it is the intent of the AGENCY and the DEPARTMENT that the AGENCY shall
maintain all right of way within the medians, outside the travelway and improvements made to
the travelway that was made at the request of the AGENCY; and
WHEREAS, the parties hereto mutually recognize the need for entering into an Agreement
designating and setting forth the responsibilities of each party; and
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Page 1 of 20
EXHIBIT D
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; and
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 recitals set forth above are true and correct and are deemed incorporated herein.
2. INSTALLATION OF FACILITIES
The AGENCY shall install and agrees to maintain the landscape improvements described
herein as: plant materials, irrigation and/or hardscape on the highway facilities substantially
as specified in plans and specifications hereinafter referred to as the Project (s) and
incorporated herein as Exhibit "B". Hardscape shall mean, but not be limited to any site
amenities such as landscape accent lighting, bike racks, fountain, tree grates, decorative
free standing wall, and/or sidewalk, median and/or roadway specialty surfacing such as
concrete pavers, stamped colored concrete and/or stamped colored asphalt (also known as
patterned pavement).
(a) All plant materials shall be installed and maintained in strict accordance with sound
nursery practice prescribed by the International Society of Arboriculture (ISA). All
plant materials installed shall be Florida #1 or better according to the most current
edition of Florida Department of Agriculture, Florida Grades and Standards for
Nursery Stock, and all trees shall meet Florida Power & Light, Right Tree, Right
Place, South Florida.
(b) Trees and palms within the right of way shall be installed and pruned to prevent
encroachment to roadways, Lateral offsets and sidewalks. Definition of these
criteria is included in the most current editions of FDOT standards for design,
construction, maintenance, and utility operations on the state highway system and
Exhibit "C", the Maintenance Plan.
(c) Tree and palm pruning shall be supervised by properly trained personnel trained in
tree pruning techniques and shall meet the most current standards set forth by the
International Society of Arboriculture (ISA) and the American National Standard
Institute (ANSI), Part A-300 (include in Broward County only and be licensed by
Broward County Environment Protection Department to perform this work).
(d) Irrigation installation and maintenance activities shall conform to the standards set
forth by the Florida Irrigation Society (FIS) latest edition of FIS, Standards and
Specifications for Turf and Landscape Irrigation Systems.
(e) The AGENCY shall provide the FDOT Local Operation Center accurate as -built
plans of the irrigation 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. (See paragraph (I or m) for contact information)
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EXHIBIT D
(f) If it becomes necessary to provide utilities (water/electricity) to the median or side
areas, it shall be the AGENCY'S responsibility to obtain a permit for such work
through the local Operations Center (see paragraph (m) below) and the AGENCY
shall be responsible for all associated fees for the installation and maintenance of
these utilities.
(g) All specialty surfacing shall be installed and maintained in strict accordance with
the most current edition of the Florida Accessibility Code for Building Construction
and the Interlocking Concrete Pavement institute (ICPI).
(h) All activities, including landscape improvements installation and future
maintenance operations performed on State highway right of way, must be in
conformity with the most current edition of the Manual on Uniform Traffic Control
(MUTCD) and FDOT Design Standards, Index 600 Series, Traffic Control through
Work Zones.
(i) The most current edition of FDOT Design Standards, Index 546 (Sight Distance at
Intersections) must be adhered to.
Q) Lateral Offsets as specified in the FDOT Plans Preparation Manual, Volume 1,
Chapters 2 and 4 and FDOT Design Standards, Index 700 must be adhered to.
(k) Landscape improvements shall not obstruct roadside signs or permitted outdoor
advertising signs, (see Florida Administrative Code [F.A.C.] Rule Chapter 14-10.)
(1) The AGENCY shall provide the local FDOT Operation Center located at (Palm
Beach Operations, 7900 Forest Hill Blvd., West Palm Beach, FL 33413 (561) 432-
4966 or Broward Operations, 5548 NW 9tn Avenue, Ft. Lauderdale, FL 33309 (954)
776-4300 or Treasure Coast Operations, 3601 Oleander Avenue, Fort Pierce, FL
34982 (772) 465-7396, a twenty-four (24) hour telephone number and the name of
a responsible person that the DEPARTMENT may contact. The AGENCY shall
notify the local maintenance office forty-eight (48) hours prior to the start of the
landscape improvements.
(m) If there is a need to restrict the normal flow of traffic, it shall be done on non -
holiday, weekday 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 landscape improvements.
The DEPARTMENT'S Operation Center Public Information Office shall also be
notified.
(n) The AGENCY shall be responsible to clear all utilities within the landscape
improvement limits before construction commences.
(o) The AGENCY shall follow the minimum level of maintenance guidelines as set
forth in FDOT'S Rule Chapter 14-40 Highway Beautification and Landscape
Management, in the FDOT Guide to Roadside Mowing and Maintenance
Management System, and Exhibit "E", the Maintenance Plan for maintenance
activities for landscape improvements.
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Page 3 of 20
EXHIBIT D
3. MAINTENANCE OF FACILITIES
A. The AGENCY agrees to maintain the landscape improvements, as existing and
those to be installed, within the physical limits described in Exhibit "A" and as
further described in Exhibit "B". The non-standard improvements within and outside
the travelway shall be maintained by the AGENCY regardless if the said
improvement was made by the DEPARTMENT, the AGENCY, or others authorized
pursuant to Section 7, by periodic mowing, pruning, fertilizing, weeding, curb and
sidewalk edging, litter pickup, necessary replanting, irrigation system repair and/ or
repair of any median concrete replacement associated with specialty surfacing (if
applicable) following the DEPARTMENT'S landscape safety and maintenance
guidelines, Exhibit "C", the Maintenance Plan. The AGENCY'S responsibility for
maintenance shall include all landscaped, turfed and hardscape areas on the
sidewalk or within the medians and areas outside the travelway to the right of way
and/or areas within the travelway containing specialty surfacing. It shall be the
responsibility of the AGENCY to restore an unacceptable ride condition of the
roadway caused by the differential characteristics of non-standard travelway
surfacing (if applicable) on DEPARTMENT right of way within the limits of this
Agreement.
B. Such maintenance to be provided by the AGENCY is specifically set out as follows:
to maintain, which means to properly water and fertilize all plant materials; to keep
them as free as practicable from disease and harmful insects; to properly mulch the
planting beds; to keep the premises free of weeds; to mow the turf to the proper
height; to properly prune all plants which at a minimum includes: (1) removing dead
or diseased parts of plants, (2) pruning such parts thereof to provide clear visibility to
signage, permitted outdoor advertising signs per Florida Statute 479.106 and for
those using the roadway and/or sidewalk; (3) preventing any other potential roadway
hazards. Plant materials shall be those items which would be scientifically classified
as plants and including trees, palms, shrubs, groundcover and turf. To maintain also
means to remove or replace dead or diseased plant materials in their entirety, or to
remove or replace those that fall below original project standards. Palms shall be
kept fruit free year round. To maintain also means to keep the header curbs that
contain the specialty surfacing treatment in optimum condition. To maintain also
means to keep the nonstandard hardscape areas clean, free from weeds and to
repair said hardscape as is necessary to prevent a safety hazard. To maintain also
means to keep litter removed from the median and areas outside the travel way to
the right of way line. All plants removed for whatever reason shall be replaced by
plants of the same species type, size, and grade as specified in the original plans
and specifications. Any changes to the original plans shall be submitted by permit
application to the DEPARTMENT for review and approval.
C. If it becomes necessary to provide utilities (water/electricity) to the medians or areas
outside the travelway to maintain these improvements, all costs associated with the
utilities associated for the landscape improvements including, but not limited to any
impact and/or connection fees, and the on -going cost of utility usage for water and
electrical, are the maintaining AGENCY'S responsibility.
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EXHIBIT D
The AGENCY shall be directly responsible for impact and connection fees.
D. The maintenance 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.
4. NOTICE OF MAINTENANCE DEFICIENCIES
A. If at any time after the AGENCY has undertaken the landscape improvements
installation and/or maintenance responsibility for the landscape improvements it shall
come to the attention of the DEPARTMENT'S District Secretary that the limits, or a
part thereof, are not properly maintained pursuant to the terms of this Agreement,
said District Secretary, may at his/her 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:
(1) Maintain the landscape improvements or any part thereof, with the
DEPARTMENT or Contractor's personnel and invoice the AGENCY for expenses
incurred, and/or
(2) At the discretion of the DEPARTMENT, terminate the Agreement in accordance
with Paragraph 9 of this Agreement and remove, by the DEPARTMENT or
Contractor's personnel, all of the landscape improvements installed under this
Agreement or any preceding Agreements, except as to trees and palms, and
charge the AGENCY the reasonable cost of such removal.
B. The AGENCY agrees to reimburse the DEPARTMENT all monies expended for
the landscape improvements listed in Exhibit "B" (in the amount listed in
Exhibit "D" ), should the landscape improvements fail to be maintained in
accordance with the terms and conditions of this Agreement.
5. FUTURE DEPARTMENT IMPROVEMENTS
It is understood between the parties hereto that the landscape improvements 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 future criteria or planning needs of the
DEPARTMENT.
The AGENCY shall be given sixty (60) calendar day notice to remove said landscape
improvements at the AGENCY's expense after which time the DEPARTMENT may remove
same. All permits (including tree permits), fees, and any mitigation associated with the
removal, relocation or adjustments of these improvements are the maintaining AGENCY'S
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Page 5 of 20
EXHIBIT D
responsibility.
6. FUTURE AGENCY IMPROVEMENTS
The AGENCY may construct additional landscape improvements within the limits of the
landscape improvements rights of ways identified as a result of this document, subject to the
following conditions:
(a) Plans for any new landscape improvements 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 landscape improvements shall be developed and implemented in accordance
with appropriate state safety and roadway design standards.
(c) The AGENCY agrees to comply with the requirements of this Agreement with
regard to any additional landscape improvements it chooses to have installed and
there will be no cost to the DEPARTMENT.
7. ADJACENT PROPERTY OWNER IMPROVEMENTS
The DEPARTMENT may allow an adjacent property owner to construct additional landscape
improvements within the limits of the right of way identified in Exhibit "A" of this Agreement
that the AGENCY shall be responsible for maintaining under this Agreement, subject to the
following conditions:
(a) Plans for any new landscape improvements shall be subject to approval by the
DEPARTMENT and shall require a valid permit attached with a letter of consent to said
plans by the AGENCY. The plans shall not be changed or deviated from without written
approval by the DEPARTMENT and the AGENCY.
(b) All landscape improvements shall be developed and implemented in accordance with
appropriate state safety and roadway design standards.
(c) The AGENCY agrees to comply with the requirements of this Agreement with regard to any
additional landscape improvements installed by an adjacent owner.
8. AGENCY REIMBURSEMENT (include if applicable -if not delete paragraph- if permit MOA)
The DEPARTMENT and the AGENCY intend to enter into a separate agreement as further
referenced in Exhibit "D" attached hereto and made a part hereof. The DEPARTMENT
shall be invited to assist the AGENCY in final inspections before acceptance of the Project
by the AGENCY. The DEPARTMENT must approve the landscape improvements before the
Agency's contractor is released.
9. AGREEMENT TERMINATION
In addition to those conditions otherwise contained herein, this Agreement may be
terminated under any one (1) of the following conditions:
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Page 6 of 20
EXHIBIT D
(a) By the DEPARTMENT, if the AGENCY fails to perform its duties under this
Agreement, 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.
10. AGREEMENT TERM
(a) The term of this Agreement commences upon execution by all parties. The term of
this Agreement shall remain in effect for twenty-five (25) years.
(b) If the DEPARTMENT chooses to cancel the landscape improvements described in
Exhibit "B", this Agreement becomes void and the original Agreement is
reinstated, if any.
11. LIABILITY AND INSURANCE REQUIREMENTS
A. With respect to any of the AGENCY'S agents, consultants, sub -consultants,
contractors and/or sub -contractors, such party in any contract for the landscape
improvements shall agree to indemnify, defend, save and hold harmless the
DEPARTMENT from all claims, demands, liabilities, and suits of any nature arising
out of, because of or due to any intentional and/or negligent act or occurrence,
omission or commission of such agents, consultants, subconsultants, contractors
and/or subcontractors. The AGENCY shall provide to the DEPARTMENT written
evidence of the foregoing upon the request of the DEPARTMENT. It is specifically
understood and agreed that this indemnification clause does not cover or indemnify
the DEPARTMENT for its own negligence.
B. In the event that AGENCY contracts with a third party to provide the services set
forth herein, any contract with such third party shall include the following provisions:
(1) AGENCY'S contractor shall at all times during the term of this Agreement keep
and maintain in full force and effect, at contractor's sole cost and expense,
Comprehensive General Liability with minimum limits of $1,000,000.00 per
occurrence combined single limit for Bodily Injury Liability and Property Damage
Liability and Worker's Compensation insurance with minimum limits of
$500,000.00 per Liability. Coverage must be afforded on a form no more
restrictive than the latest edition of the Comprehensive General Liability and
Worker's Compensation policy without restrictive endorsements, as filed by the
Insurance Services Office. The AGENCY and DEPARTMENT shall be named as
additional insured on such policies.
(2) AGENCY'S contractor shall furnish AGENCY with Certificates of Insurance of
Endorsements evidencing the insurance coverage specified herein prior to the
beginning performance of work under this Agreement.
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Page 7 of 20
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(3) Coverage is not to cease and is to remain in full force and effect (subject to
cancellation notice) until all performance required of AGENCY'S contractor is
completed. All policies must be endorsed to provide the DEPARTMENT with at
least thirty (30) day notice of cancellation and or/or restriction. If any of the
insurance coverage will expire prior to the completion of work, copies of renewal
policies shall be furnished at least (30) days prior to the date of expiration.
12. E-VERIFY REQUIREMENTS
The AGENCY shall:
(a) Utilize the U.S. Department of Homeland Security's E-Verify system to verify the
employment eligibility of all new employees hired by the AGENCY during the term
of the contract; and
(b) Expressly require any subcontractors performing work or providing services
pursuant to the state contract to likewise utilize the U.S. Department of Homeland
Security's E-Verify system to verify the employment eligibility of all new employees
hired by the subcontractor during the contract term.
13. SUPERSEDED AGREEMENTS
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 (except the
associated Grant Joint Participation Agreement if applicable).
14. FISCAL TERMS
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 will/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 one (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 TWENTY-FIVE THOUSAND
DOLLARS ($25,000.00) and which have a term for a period of more than one year.
15. DISPUTES
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.
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Page 8 of 20
EXHIBIT D
16. ASSIGNMENT
This Agreement may not be assigned or transferred by the AGENCY, in whole or in part,
without the prior written consent of the DEPARTMENT.
17. LAWS GOVERNING
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. The AGENCY agrees to waive forum and venue and
that the DEPARTMENT shall determine the forum and venue in which any dispute under
this agreement is decided.
18. NOTICES
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 XXXX of XXXXX
3400 West Commercial Blvd. XXXX XX XXXXXX
Ft. Lauderdale, FL 33309-3421 XXXX XXXXX, Florida
Attention: Elisabeth Hassett, R.L.A. Attention:
FDOT District IV Landscape Architect Title
19. LIST OF EXHIBITS
Exhibit A: Landscape Improvements Maintenance Boundaries
Exhibit B: Landscape Improvement Plans
Exhibit C: Maintenance Plan for Landscape Improvements
Exhibit D: Approximate Cost for Landscape Improvements
Page 9 of 20
EXHIBIT D
IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective the day
and year first above written.
AGENCY
By:
Chairperson/Mayor/Manager
Attest:
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
LIM
Transportation Development Director
(SEAL) Attest:
Clerk Executive Secretary
Legal Review Date Legal Review
Office of the General Counsel
(SEAL)
Date
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SECTION No.:
FM/Permit No. (s):
Connected JPA No:
COUNTY:
S.R. No.:
EXHIBIT A
EXHIBIT D
INSERT SECTION #
INSERT FM/PERMIT
INSERT JPA
INSERT COUNTY
INSERT SR
LANDSCAPE IMPROVEMENTS MAINTENANCE BOUNDARIES
I. LIMITS OF MAINTENANCE FOR LANDSCAPE IMPROVEMENTS:
State Road XXX (XXXXXXXX XXXXXXX) from XXXXX XXXXX (M.P. X.XXX) to XXXXX
XXXXX (M.P. X.XXX)
II. LANDSCAPE IMPROVEMENTS MAINTENANCE RESPONSIBILITIES MAP:
Please see attached map
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Page 11 of 20
SECTION No.:
FM/Permit No. (s):
Connected JPA No:
COUNTY:
S.R. No.:
EXHIBIT B
LANDSCAPE IMPROVEMENT PLANS
EXHIBIT D
INSERT SECTION #
INSERT FM/PERMIT
INSERT JPA
INSERT COUNTY
INSERT SR
The AGENCY agrees to install the landscape improvements in accordance with the plans
and specifications attached hereto and incorporated herein.
Please see attached plans prepared by: Firm, RLA
Date: XXXX X, XXXX
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SECTION No.:
FM/Permit No. (s):
Connected JPA No
COUNTY:
S.R. No.:
EXHIBIT C
EXHIBIT D
INSERT SECTION #
INSERT FM/PERMIT
INSERT JPA
INSERT COUNTY
INSERT SR
MAINTENANCE PLAN FOR LANDSCAPE IMPROVEMENTS
This Exhibit forms an integral part of the DISTRICT FOUR (4) LANDSCAPE
MAINTENANCE MEMORANDUM OF AGREEMENT between the State of Florida,
Department of Transportation and the AGENCY.
Please see attached
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Page 13 of 20
EXHIBIT D
MAINTENANCE PLAN
Landscape Improvements
Project State Road No(s): From XXXXX (M.P. X.XX) to XXXXX (M.P. X.XX)
Permit/FM No(s): xxxxxx-x-xx-xx
Maintaining Agency: City, Town, County
RLA of Record: Name
Date: XXXXXXX XX, XXXX
I. GENERAL MAINTENANCE REQUIREMENTS AND RECOMMENDATIONS:
The purpose of a plan for the landscape improvements maintenance practices is to allow the
plant material on your project to thrive in a safe and vigorous manner while fulfilling their
intended purpose and conserving our natural resources. Plantings and all other landscape
improvements shall be maintained to avoid potential roadway hazards and to provide
required clear visibility, accessibility, clearance, and setbacks as set forth by Florida
Department of Transportation (FDOT) governing standards and specifications: FDOT
Design Standards, FDOT Plans Preparation Manual Vol. 1, Chapter 2.11 and FDOT
Standard Specifications for Road and Bridge Construction, as amended by contract
documents, and all other requirements set forth by the District 4 Operations Maintenance
Engineer. The initial portion of the Maintenance Plan describes general maintenance
requirements and recommendations. The concluding section provides
recommendations prepared by the Registered Landscape Architect of Record specific
to the attached approved plans.
WATERING REQUIREMENTS
Watering is a critical concern for not only the maintenance of healthy plant material but also
for observing water conservation practices. The amount of water to apply at any one time
varies with the weather, drainage conditions and water holding capacity of the soil. For plant
materials that have been established, it is imperative that any mandated water restrictions
be fully conformed to on FDOT roadways.
Proper watering techniques should provide even and thorough water dispersal to wet the
entire root zone, but not saturate the soil or over -spray onto travel lanes.
IRRIGATION SYSTEM
The Agency shall ensure there are no roadway overspray or irrigation activities during
daytime hours (most notably "rush hour' traffic periods). It is imperative the irrigation
controller is properly set to run early enough that the watering process will be entirely
completed before high traffic periods, while adhering to mandated water restrictions. To
ensure water conservation, the Agency shall monitor the system for water leaks and the rain
sensors to ensure they are functioning properly so that the system shuts down when there is
sufficient rainfall.
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EXHIBIT D
INTEGRATED PLANT MANAGEMENT
An assessment of each planting area's soil is recommended to periodically determine the
nutrient levels needed to sustain healthy, vigorous plant growth.
Palms, shrubs, trees and turf areas shall be fertilized in such a manner and frequency to
ensure that the plant material remains healthy and vigorously growing. Please be alert to
changes in fertilization types per University of Florida, institute of Food and Agricultural
Services (I.F.A.S.) recommendations. Establishment of an integrated pest management
program is encouraged to ensure healthy plants, which are free of disease and pests.
MULCHING
Mulch planting beds in such a manner as to prevent weed growth, retain moisture to the
plants, protect against soil erosion and nutrient loss, maintain a more uniform soil
temperature, and improve the appearance of the planting beds. Avoid mulch mounded up
on the trunks of trees, palms, and the base of shrubs to encourage air movement in this
area which aids in lowering disease susceptibility. Cypress mulch is prohibited on state right
of way.
PRUNING
All pruning, and the associated safety criteria, shall be performed according to American
National Standard Institute (ANSI) A300 standards and shall be supervised by an
International Society of Arboriculture (ISA) Certified Arborist. Pruning shall be carried out
with the health and natural growth of plant materials in mind, to specific pruning heights
maintaining clear visibility for motorists, and provide vertical clearance for pedestrian,
bicyclist, and truck traffic where applicable. Visibility windows must be maintained free of
view obstructions, and all trees and palms must be maintained to prevent potential roadway
and pedestrian hazards, all palms are to be kept fruit free. The specific pruning heights are
determined by understanding the designer's intent when selecting and placing the plants.
The intended mature maintained height and spread of plants are noted on the plans (See
Exhibit B.) and see Part II. Specific Requirements and Recommendations for guidelines.
The understory plant materials selected for use within the restricted planting areas (Limits of
Clear Sight) are to be maintained at a height in compliance with FDOT Design Standards
Index 546; Page 6 of 6, Window Detail. Vertical tree heights must meet FDOT Maintenance
Rating Program (MRP) standards.
STAKING AND GUYING
All staking materials, except for replacements, are to be removed by the completion of
FDOT warranty period or at one year (whichever comes first). Any subsequent staking and
guying activities by the Agency must adhere to FDOT Design Standards guidelines (See
Index 544). The Agency shall closely monitor staking and guying attachment materials so
that they are securely fastened to avoid potential roadway hazards.
TURF MOWING:
All grassed areas are to be mowed and trimmed with sufficient frequency to maintain a
deep, healthy root system while providing a neat and clean appearance to the urban
landscape. All turf efforts, mowing, curb/sidewalk edging and turf condition, must at a
minimum, meet FDOT Maintenance Rating Program (MRP).
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Page 15 of 20
EXHIBIT D
LITTER CONTROL:
The project site shall remain as litter free as practicable. It is recommended to recycle this
litter to avoid unnecessary waste by its reuse. Litter removal efforts must meet FDOT
Maintenance Rating Program (MRP) standards.
WEEDING/HERBICIDE
All planting areas shall be maintained as weed free as practicable by enlisting integrated
pest management practices in areas specified on the plans and maintaining proper mulch
levels. Extreme care is recommended when using a chemical herbicide to avoid overspray
onto plant materials. It is the applicator's responsibility to restore any damage, resulting from
overspray to the plantings, per the approved plans.
PLANT REPLACEMENT
Plant replacement shall be the same species and specification as the approved plan. Move
and replace all plant materials that may conflict with utility relocations and service. Only
plants graded Florida #1 or better, per the Florida Department of Agriculture and Consumer
Services, Grades and Standards for Nursery Plants are permitted on FDOT roadways.
Should it become necessary to change the species, a general use permit is required from
FDOT for approval by the FDOT District Landscape Architect.
HARDSCAPE (SPECIALTY SURFACING)
All tree grates and specialty surfacing (if applicable) shall be maintained in such a manner
as to prevent any potential tripping hazards and protect damage to the pavers and tree
grates. Final surface tolerance from grade elevations shall, at a minimum, meet the most
current Interlocking Concrete Pavement Institute (ICPI), Guide Specifications for Pavers on
an Aggregate Base, Section 23 14 13 Interlocking Concrete Pavers, Part 3.05. If the
specialty surfacing or tree grates become damaged, they shall be replaced with the same
type and specification as the approved plan.
HARDSCAPE (NON-STANDARD) TRAVELWAY SURFACING
It shall be the responsibility of the AGENCY to restore an unacceptable ride condition of the
roadway, including asphalt pavement (if applicable), caused or contributed by the installation
or failure of non-standard surfacing, and/or the header curb, on the Department of
Transportation right of way within the limits of this Agreement. Pavement restoration areas
or "patches" will have a minimum length of 10-ft, measured from the edge of the header
curb, and a width to cover full lanes for each lane affected by the restoration.
Pavement restoration will be performed in accordance with the most current edition of the
FDOT Standard Specifications for Road and Bridge Construction, and the FDOT Design
Standards for Design, Construction, Maintenance and Utility Operations on the State
Highway System.
It shall be the responsibility of the AGENCY to maintain all signs located within a non-
standard surfacing area. Such maintenance to be provided by the AGENCY shall include
repair and replacement of the sign panel, post, and base.
Page 16 of 20
EXHIBIT D
HARDSCAPE (LANDSCAPE ACCENT LIGHTING)
Landscape accent lighting shall be maintained in such a manner as to prolong the life of the
lighting fixture and prevent potential safety hazards. If the lighting fixtures and their system
become damaged, they shall be replaced with the same type and specification as the
approved plan. Landscape lighting shall meet requirements for the sea turtle nesting and
hatching.
MAINTENANCE OF TRAFFIC CONTROL
Reference the FDOT website regarding the selection of the proper traffic control
requirements to be provided during routine maintenance and / or new installations of this
DOT roadway.
VEGETATION MANAGEMENT AT OUTDOOR ADVERTISING (ODA)
To avoid conflicts with permitted outdoor advertising, please reference the State of Florida
website regarding the vegetation management of outdoor advertising. This website provides
a portal to search the FDOT Outdoor Advertising Inventory Management System Database.
The database contains an inventory of outdoor advertising structures, permits and other
related information maintained by the Department.
Also, reference the Florida Highway Beautification Program website link for "Vegetation
Management at ODA signs" "Florida Statutes" and "Florida Administrative Code" related to
vegetation management at outdoor advertising sign, permit applications for vegetation
management and determining mitigation value of roadside vegetation.
II. SPECIFIC PROJECT SITE MAINTENANCE REQUIREMENTS AND RECOMMENDATIONS
(This section is required for the R.L.A. of Record to inform the Agency of specific information
to maintain the design intent. As a way of guiding maintenance personnel, the landscape
architect's intent for selecting and placing each plant type, and the anticipated care to
ensure the design intent should be noted in this section of the Maintenance Plan using
performance language intent may be: screening objectionable views, use of seasonal color,
erosion control, enhancing drainage ponds, framing a view or vista, natural area restoration,
etc. Intended maintenance may be: to maintain full to ground foliage, maintain natural habit,
etc.). To avoid redundancy and conflict do not repeat any direction found in Part I of this
document.
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Page 17 of 20
EXHIBIT D
REFERENCES(Only-Revised 3-23-15)
This reference list is provided as a courtesy. The list may not contain the most current
websites. The most current references must be accessed for up to date information.
Accessible Sidewalk (ADA)
http://www.access-board._ ov/guidelines-and-standards/streets-sidewalks
Americans with Disabilities Act (ADA) (ADAAG)
http://www.ada.gov/2010ADAstandards index.htm
American National Standard Institute, ANSI A300, (Part 1) for Tree Care Operations —
Trees, Shrub, and Other Woody Plant Maintenance — Standard Practices (Pruning),
available for purchase
http://webstore.ansi.org
Florida Department of Agriculture and Consumer Services, Division of Plant Industry, Florida
Grades and Standards for Nursery Plants
http://www.freshfromflorida. com/Divisions-Offices/Plant-Industry/Bureaus-and-
Services/Bureau-of-Plant-and-Apiary-Inspection/Plant-Inspection#pubs
Florida Department of Community Affairs (DCA), Florida Board of Building Codes &
Standards, 2010 Florida Building Code, Chapter 11 Florida Accessibility Code for Building
Construction Part A
http://www2.iccsafe.org/states/florida codes/
Florida Department of Transportation, FDOT Design Standards for Design, Construction,
Maintenance and Utility Operations on the State Highway System, Index 544 Landscape
Installation
http://www. dot. state.fl. us/rddesiq n/DS/15/1 Dx/00544. pdf
Florida Department of Transportation, FDOT Design Standards for Design, Construction,
Maintenance and Utility Operations on the State Highway System, Index 546 Sight Distance
at Intersections
http://www.dot.state.fl.us/rddesign/DS/1 5/lDx/00546. pdf
Florida Department of Transportation, FDOT Design Standards for Design, Construction,
Maintenance and Utility Operations on the State Highway System, Index 600 Traffic Control
through Work Zones
http://www.dot.state.fl.us/rddesi-qn/DS/1 5/lDx/00600. pdf
Florida Department of Transportation, FDOT Design Standards for Design, Construction,
Maintenance and Utility Operations on the State Highway System, Index 700 Roadside
Offsets
http://www.dot.state.fl.us/rddesi_qn/DS/1 5/lDx/00700. pdf
Florida Department of Transportation, FDOT Plans Preparation Manual (PPM) Vol. I
Chapter 2.11 Lateral Offset
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Page 18 of 20
EXHIBIT D
Table 2.11.5 Lateral Offset Clearance to Trees
Table 2.11.11 Recoverable Terrain
http://www.dot.state.fl.us/rddesign/PPMManual/2014PPM.shtm
Florida Department of Transportation, FDOT Standard Specifications for Road and Bridge
Construction, Section 580 Landscape Installation
http://www.dot.state.fl. us/specificationsoffice/Maintenance/JuI14/Files/SS5800000.doc
http://www.dot.state.fl. us/specificationsoffice/Implemented/Workbooks/JulWorkbook2014/FiI
es/SP5800000FA.Pdf
Florida Department of Transportation, Landscape Architecture Website
www.MvFloridaBeautiful.com
Florida Department of Transportation, Maintenance Rating Program Handbook
http://www.dot.state.fl. us/statemaintenanceoffice/MaintRatingProgram.shtm
Florida Department of Transportation Outdoor Advertising Database
http://www2.dot.state.fl.us/rightofway/
Florida Exotic Pest Plant Council Invasive Plant Lists
http://www.fleppc.or-q/list/list.htm
Florida Irrigation Society
http://www.fisstate. org
Florida Power and Light (FPL), Plant the Right Tree in the Right Place
http://www.fpl.com/residential/trees/right tree right place.shtml
A Guide to Roadside Vegetation Management
http://www.dot.state.fl. us/statemaintenanceoffice/DOT%2OFinal%20(3)Turf%2OManagem
ent%20Guide%20UF. pdf
Interlocking Concrete Pavement Institute (ICPI)
http://www.icpi.org/
International Society of Arboriculture (ISA)
www.isa-arbor.com
OF IFAS: Selecting Tropical and Subtropical Tree Species for Wind Resistance
http://edis.ifas.ufl.edu/pdffiles/FR/FR1 7500.pdf
OF IFAS: Fertilization of Field -grown and Landscape Palms in Florida
http://edis.ifas.ufl.edu/ep261
U.S. Department of Transportation, Federal Highway Administration, Manual on Uniform
Traffic Control Devices
httD://www.mutcd.fhwa.dot.aov
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Page 19 of 20
SECTION No.: '
FM/Permit No. (s):
Connected JPA No:
COUNTY:
S.R. No.:
EXHIBIT D
EXHIBIT D
INSERT SECTION #
INSERT FM/PERMIT
INSERT JPA
INSERT COUNTY
INSERT SR
APPROXIMATE COST FOR LANDSCAPE IMPROVEMENTS
This Exhibit forms an integral part of the DISTRICT FOUR (4) LANDSCAPE
MAINTENANCE MEMORANDUM OF AGREEMENT between the State of Florida,
Department of Transportation and the AGENCY.
Anticipated Terms of a Separate Agreement (use when there is a JPA-Grant)
I. FDOT PARTICIPATION:
Via Separate Agreement
AGENCY PARTICIPATION:
II. APPROXIMATE LANDSCAPE IMPROVEMENT COST:
Amounts are approximate
Please see attached
$XXX,XXX.XX
$XXX,XXX.XX
$XXX,XXX.XX
If this is a permit you can delete this exhibit and any reference in the body of the agreement
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