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HomeMy WebLinkAboutCity of Tamarac Resolution R-2014-007Temp. Reso. 12418 January 22, 2014 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R- 2014 ', 0 7 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA ACCEPTING A BROWARD HIGHWAY BEAUTIFICATION GRANT PROGRAM AWARD THROUGH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT); AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE A JOINT PARTICIPATION AGREEMENT AND A MAINTENANCE MEMORANDUM OF AGREEMENT PENDING LEGAL REVIEW BETWEEN FDOT AND THE CITY OF TAMARAC FOR GRANT FUNDING IN THE AMOUNT OF $150;000 FOR MEDIAN ENHANCEMENTS LOCATED ON STATE ROAD 87000MMERCIAL BOULEVARD) FROM EAST OF NW 49 " AVENUE TO FLORIDA'S TURNPIKE INTERCHANGE; 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 corridors leading into and out of the City; and WHEREAS, the Broward Highway Beautification Grant Program provides funds to municipalities within Broward County for landscape projects on state owned rights of way; and WHEREAS, the City received notice that the Florida Department of Transportation (FDOT) is pleased to partner with the City of Tamarac for the allocation Temp. Reso. 12418 January 22, 2014 Page 2 of FDOT funds as part of the 2013-2014 Broward Highway Beautification Grant Program as written in the November 10, 2010 correspondence, which is attached hereto as Exhibit 1, and is incorporated herein by this reference; and WHEREAS, FDOT requires the City execute a Joint Participation Agreement (JPA) and a Maintenance Memorandum of Agreement (MMOA) to receive the grant award as written in the October 2, 2013 correspondence, which are attached hereto as Exhibit 2 and Exhibit 3, respectively, and are incorporated herein by this reference; and WHEREAS, the Director of Public Services and the Director of Financial Services recommend acceptance of the award and entering into a JPA and MMOA agreement 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 accept the Broward Highway Beautification Grant Program award through FDOT for median enhancements along State Road 870 (Commercial Boulevard) from east of NW 49tn Avenue to Florida's Turnpike Interchange in the amount of $150,000, and to execute a JPA and an MMOA agreement with FDOT following legal review. NOW THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: Temp. Reso. 12418 January 22, 2014 Page 3 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 Resolution. All exhibits attached hereto -and referenced herein are expressly incorporated and made a specific part of this Resolution. Section 2: The City Commission of the City of Tamarac HEREBY accepts the Broward Highway Beautification Grant Program award of $150,000 from the Florida Department of Transportation (FDOT). Section 3: The appropriate City Officials are HEREBY authorized to execute a Joint Participation Agreement (JPA) and Maintenance Memorandum of Agreement (MMOA) between the City of Tamarac and FDOT for grant funding in the amount of $150,000 following legal review, and are hereto attached as Exhibit 2 and Exhibit 3, respectively, which 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 pursuant to F.S. 166.241(2). Section 5: All Resolutions in conflict herewith are HEREBY repealed to the extent of such conflict. 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. Temp. Reso. 12418 January 22, 2014 Page 4 Section 7: This Resolution shall become effective immediately upon its adoption. PASSED, ADOPTED AND APPI ATTEST: 1w PATRICIA TEUF L, CMC CITY CLERK HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM W, ff-A d ffl� SAMUtL S. GORi CITY ATTORNEY , 2014. RECORD OF COMMISSION VOTE: MAYOR DRESSLER �i✓ DIST 1: COMM. BUSHNEL DIST 2: V/M GOMEZ DIST 3: COMM. GLAS,'YER� {'TR12418 EXHIBIT 1 Florida Department of Transportation CHARLIE CRisT 3400 West Commercial Boulevard sTEPHANiE C. KOPELOUSOS GOVERNOR Fort Lauderdale, FL 33309-3421 SECRETARY November 2, 2010 Mr. Jack Strain, P.E.`,;� Public Works Director City of Tamarac 6011 Nob Hill Road Tamarac, FL 33321 Dear Mr. Strain: Subject: Broward Highway Beautification Grant 2013-2014 Funding SR 870 (Commercial Blvd.) from approximately 100 feet east of NW 49t" Ave. (M.P. 2.330) to SR 91 (Florida's Turnpike) (M.P. 29737) The Florida Department of Transportation (FDOT) is pleased to partner with the City of Tamarac for the allocation of FDOT funds as part of the 2013-2014 Broward Highway Beautification Grant Program. Please note that there are NO matching funds associated with this grant award. A Maintenance Memorandum of Agreement (MOA) and a Joint Participation Agreement (JPA) must be approved by City resolution and executed by FDOT prior to receipt of this award. Although this finding will not be available until after July 1, 2013, we can proceed with plan development and the afore mentioned agreements so that we will be ready to access the hinds at their earliest availability. The schedule outlined below is not the typical timeline for a 2013-14 grant cycle, but since we are going to design the plans "in-house", we can start the design process in early 2011. Once the plans have been designed, including your input, they will go through the design approval process within the Department and will then be put on the shelf until fiscal year 2013. We will draft the agreements and have them ready to be sent to the City a couple of months prior to that date. Recommended Schedule: 1. The grantee will review and provide comments for the draft landscape plans prepared by Elisabeth Hassett, RLA, District 4 Landscape Architect, or her designee, about mid winter 2011. The plans will be designed in compliance with the most current version of the following standards, guidelines and specifications: www.dot.statcAms TR 12418 a. Florida Department of Transportation Design Standards: EXHIBIT 1 p g httt)://www.dot.state.fl.us/rddesigp/DesignStandards/Standards.shtm Indexes 544/546/700 b. Plan Preparation Manual (PPM): http://www.dot.state.fl.us/rddesign/PPMMantial/PPM.shtm Volume 1, 2.11 Horizontal Clearance c. Standard Specifications for Road and Bridge Construction: httt ://www.dot.state.fl.us/specificationsoffice/Implemented/Default.shtm Section 580 Landscape Installation d. FDOT Maintenance of Traffic Standards: http://www.dot.state.fl.us/rddesign/MOT/MOT.shtm e. Florida Rule Chapter 14-40 titled "Highway Beautification and Landscape Management" f. For more information, please go to www.myfloridabeatitiftil.com. g. FDOT Maintenance Rating Program Guidelines: llttp://Ombnet.dot.state.fl.us/procedures/bin/850065002.p f 2. The District Landscape Architecture Unit (LAU) will revise the draft plans per City plan reviewer comments and provide comments back by spring 2011. 3. Once the plans are approved by the City and the LAU approves them for completeness, the plans will be processed through the FDOT Electronic Review Committee (ERC) to be reviewed for compliance by all FDOT Units. 4. The LAU will make all necessary changes as recommended by the FDOT Units and submit final plans to the City for their final review about suinmer 2011. 5. Once the plans have final approval, the LAU will draft the MOA and a JPA. 6. The plans and the draft agreements (MOA and JPA) will remain on the shelf until about April 2013 at which time they will be submitted to the City for inclusion on the City Commission May meeting agenda. 7. The City Commission will approve the MOA and JPA, sign both documents by resolution, and return the agreements to the LAU prior to May 31, 2013. 8. FDOT will encumber the fiinds for this project about July 15, 2013 and the LAU will return one set of the executed agreements and Notice To Proceed (NTP) to the City. 9. The City will have 24 months to complete the work and submit the final invoice to the LAU no later than June 30, 2015. 10. The District LAU will schedule a meeting with the grantee in April 2013 to provide a more refined agreement execution schedule. S:\Program NIgnit\,.Landscape Arc hitecture\GRANTS`,,G rants -Folders 13-141Broward Highway Beat] titicatlol1\03 Ta►narac'�,C'oorespondance�0 t FDOT Grant Award Letter.doet TR 12418 EXHIBIT 1 If you have any questions or need any additional information, please do not hesitate to contact me at (954) 777-4219 or at Elisabeth.Hassett@,dot.state.fl.us . Sincerely, Elisabeth Hassett, RLA District Landscape Architect cc: John Engwiller, City of Tamarac Public Works Operations Manager Diana Guidry, NatureScape Broward Outreach Coordinator Leslie Wetherell, PE, FDOT District 4 Program Administration Engineer File S:AProgram Mg»iflandscape Areliitecture",GRANTS`�Grants-Folders 13-14\Broward Highway Beautificatioll`�03 Tamarae`�.C'oorespoiidance'"O I F DOT Grant Award Letter (E11-+-RW ).doex DUNS No.07-727-0940 CSFA No. 55.023 FM No. 429965-1-58-01 FEID No: VF-59-1039552 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 Tamarac, a municipal corporation of the State of Florida, located at 6011 Nob Hill Road, Tamarac, Florida 33321, hereinafter called the PARTICIPANT. WITH ESS ETH WHEREAS, the DEPARTMENT and the PARTICIPANT are desirous of having the PARTICIPANT make certain improvements in connection with Financial Mana ementg (FM) Number 429965-58-01 for landscape improvements in the City of Tamarac, Florida, State Road 870 (Commercial Boulevard) from east of N.W. 49th Avenue (M.P. 2.330) to Florida's Turnpike Interchange (M.P. 2.737) Tamarac, Florida, herein after referred to as theProjJect. 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, WHE here the PARTICIPANT by ZRelolution No. adopted 20 , a copy of which is attached hereto and made a Ariz the proper officials to enter into this Agreement. on 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, a g a 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 total cost of the Project is estimated at One Hundred Fifty Thousand Dollars and No Cents ($160,000.00). The DEPARTMENT agrees to pay one hundred percent (100%) of the total actual cost of the Project, up to a maximum amount of One Hundred l r. {i SS yi` ''� �. `aky`•, 7 P,` S €; :, f—.'4' ..1 ' �'f' 3 —' T Fa •.3 1t :^ 1' i'f r i ] '+ — C 1� I" 'i_iS". -q d _P1 . Y,..., .i .�� ', �! .. 1:_3.9 +.. ,r'�1 .__ .i �, J !� ;k.�'1 •. ,A Page 1 of 18 DUNS No.07-727-0940 CSFA No. 55.023 FM No. 429965-1-58-01 FEID No: VF-59-1039552 Fifty Thousand Dollars and No Cents ($150,000.00) 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. 6) The PARTICIPANT will comply with the Federal and/or State Audit provisions set forth in Exhibit "C" and Exhibit "D" which are attached hereto and made part of this Agreement. 7) The PARTICIPANT must obtain a permit from the DEPARTMENT before the PARTICIPANT may proceed with construction of the Project. 8) 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. 9) 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 (2013), as amended unless otherwise approved by the DEPARTMENT in writing. Construction Engineering Inspection (CEI) services will be provided at the PARTICIPANT'S sole cost and expense 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. 10) 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. 11) 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 December 31, 20159 whichever occurs first. The DEPARTMENT and PARTICIPANT may agree to extend this Agreement in writing. The PARTICIPANT shall delegate signature authority for the PARTICIPANT to City Manager. } .1�, �. -t ��y ;<9 t- t'fit j Tr�I [� +� ,r ! �.?,. `� 7. .� ' n _` ai. � ;l "3 t �."7. '�' J:� 1 .� � _.3 S ,� e.♦ '1 � z Page 2 of 18 DUNS No.07-727-0940 CSFA No. 55.023 FM No. 429966-1-58-01 FEID No: VF-59-1039552 12) 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 "E" Deliverables, attached hereto and a made apart hereof. The PARTICIPANT will need DEPARTMENT approval 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 and irrigation as set forth in this Agreement. The PARTICIPANT will submit a written progress report by the 15th 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 installation at the Project site. Upon completion, the PARTICIPANT will notify the DEPARTMENT'S Landscape Architect who will be responsible for inspection and acceptance of the landscape improvements contemplated in this Agreement. 13) Upon completion and authorized by this Agreement, the PARTICIPANT shall notify the DEPARTMENT in writing of the completion; and for all design work that originally required certification by a Registered Landscape Architect, this notification shall contain a Landscape Architect's Certification of Compliance, signed and sealed by a Registered Landscape Architect. The certification 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." 14) 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 "F". 15) Upon completion and certification of Project, the PARTICIPANT must submit the final invoice to the DEPARTMENT within 180 days after the final acceptance of the Project which follows the 365 day warranty period. Invoices submitted after the 180 day time period will not be paid. 16) Payment shall be made only after receipt and approval of goods and services unless advance payments are authorized by the Department of Financial Services under Section 215.422(14), Florida Statutes, or by the DEPARTMENT'S Comptroller under Section 334.004(29), Florida Statutes. 17) Invoices shall be submitted by the PARTICIPANT in detail sufficient for a proper pre -audit and post -audit thereof, based on the quantifiable, measurable and verifiable units of deliverables as established in 12) above and Exhibit "E". Deliverables must be received and accepted in writing by the DEPARTMENT'S Project Manager prior to payments. 18) Supporting documentation must establish that the deliverables were received and accepted in writing by the PARTICIPANT and that the required minimum level of service to ,,, J �. � j t. -�i 1��. �' 1 � � ,.� i=L :,-, . �.. ..l)�.-...�1,�. .. kf' `- ti�x=.i.r E 7 ; �'- ' ��� � f � p t ��i4r i14 EC 3 rd t . e d �\ �'�..� .�` t�:_a �._ _ ��4' t-.,! t t � e L i'� � 1 'J �!. � ,� d � f! # f1'aa 11_�r,°�._ ' i ...5; � t�3 ,,.1�<�'C Page 3 of 18 DUNS No.07-727-0940 CSFA No. 55.023 FM No. 429965-1-58-01 FEID No: VF-59-1039552 be performed based on the criteria for evaluating successful completion as specified in 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. 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. 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's contractors who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 413-5516 or by calling the Division of Consumer Services at 1-877-693-5236. 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 ;.i' Arch :ai. _c .!. � ,er Page 4 of 18 DUNS No.07-727-0940 CSFA No. 55.023 FM No. 429965-1-58-01 FEID No: VF-59-1039552 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) With respect to any of the PARTICIPANT'S agents, consultants, sub consultants, contractors and / or sub contractors, such party in any contract for this Project shall agree to indemnify, defend, j 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, sub consultants, contractors and / or sub contractors. The PARTICIPANT 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_ does not .cover or indemnify the DEPARTMENT for its own negligence. 26) This Agreement is governed by and construed in accordance with the laws of the State of Florida. In the event it becomes necessary for the DEPARTMENT or PARTICIPANT to institute suit for the enforcement of the provisions of this AGREEMENT, each party shall be responsible to pay their own attorney fees and court costs. Venue with respect to such litigation shall be in Broward County, Florida. 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: If to the DEPARTMENT: If to the PARTICIPANT: State of Florida Department of Transportation City of Tamarac 3400 West Commercial Blvd. 6011 Nob Hill Road Ft. Lauderdale, FL 33309-3421 Tamarac, Florida 33321 Attention: Elisabeth A. Hassett, R. L.A. Mr. John Engwiller FDOT District IV Landscape Architect Public Works Operations Manager A second copy to: Office of the General Counsel With a Copy to: City Attorney 9�. 3 la 1� T,.,�, g. .t. '� ,l ,1 IS '1 �x i,n #'�!` * `' i j` Iz• ,� '1 �, .tP ;T,_�. l'1'� t,,a $ t4 >l l�: t jij f` I ;' , 'i !° ,V `i. S c's{ r �. �. - _ ...., i` �.t f .i°: :!*� _i ,....it °�, A�. ,= _., _...�I°r. 'tf�( ,.c. � �-� ��.�� rtr�:� 10 I-1'3).dtic; Page 5 of 18 DUNS No.07-727-0940 CSFA No. 55.023 FM No. 429965-1-58-01 FEID No: VF-59-1039552 29. LIST OF EXHIBITS Exhibit A: Scope of Services Exhibit B: Project Plans Exhibit C: Federal and /or State Funded Contracts Exhibit D: Authorization Exhibit E: Deliverables Exhibit F: Landscape Maintenance Memorandum of Agreement IN WITNESS WHEREOF, this Agreement is to be executed below for the purposes specified here' .Authorization has been given to enter into and execute this Agreement by Resolution= .�0/1/ "O-2 ,hereto attached. CIT By: Chairperson/Mayor/Manager. Attest: Legal Review Date STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: Director of Transportation Development Attest: Executive Secretary Legal Review Office of the General Counsel (SEAL) Date [} y .;?.l S,t. ;.. -'�. .r i 1`�(� y. 3.1 �.-,n0.. t c111 �I �s.� .'41t �� t ',.i.7�rr...� �:� - 11 - t L,.�.. Fs ,. ,. (( i 4 ;? t ��\.irlL.>., �.::i �` 3-�; ,, �? _� '{[ •.1'�.... _ 1 _�; �f L 11_ rl tt s ? tt # ii #t t#g ,.[ 91.. .�— r',. `.8 ;- 1'1�4 4: 13 jz`. .fd S} •q %i 1 —Y l Page 6 of 18 DUNS No.07-727-0940 CSFA No. 55.023 FM No. 429965-1-58-01 FEID No: VF-59-1039552 EXHIBIT A SCOPE OF SERVICES The PARTICIPANT (City of Tamarac) agrees to make certain landscape improvements on State Road 870 (Commercial Boulevard) from east of N.W. 49th Avenue (M.P. 2.330) to Florida's Turnpike Interchange (M.P. 2.737) Tamarac, Florida, and will subsequently furnish, construct, and inspect the landscape as shown in the plans and specifications prepared by Angela M. Biagi, RLA and Daniel T. Sorrow, RLA., September 6, 2013. The following conditions shall apply: (a) The current Florida Department of Transportation Design Standard Index 546 must be adhered to. (b) Clear zone/horizontal clearance as specified in the Plans Preparation Manual — English Volume 1, Chapter 2 and Department Design Standard Index 700 must be adhered to. (c) Landscape materials shall not obstruct roadside signs,or the 500 ft. view zone 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) The PARTICIPANT shall secure a permit from the DEPARTMENT prior to the commencement of any work. The Engineer of Record (EOR) shall meet with Permit Staff prior to permit application and provide the local maintenance office located at: Broward Operations, 5548 NW 9"' Avenue, Ft. Lauderdale, FL 33309 (954) 776-4300 , a twenty-four (24) hour telephone number and the name of a responsible person that the DEPARTMENT may contact. The PARTICIPANT shall notify the local maintenance office 48 hours prior to the start of the Project and provide as -built plans at project completion. (h) If there is. a need to. restrict the normal flow of traffic it shall be done in accordance with the Maintenance of Traffic Plan (see Exhibit "B"), and 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. (i) The PARTICIPANT shall be responsible to clear all utilities within the Project limits. '� ci:..•; .t 3..-,�-.., i� ." :.'q n��"'{1��::3ri�� �1�ts e,_e,i.,,>_�`��.�? rt� ._�3(,: ,i1 .f'� �i' t�. t._ .!�`_ �`� ,.�,y. P� �� � ra �1� 1�s f- # �� 4� � >. Page 7 of 18 ^ DUNS No.07-727-0940 CSFA No. 55.023 FM No. 429965-1-58-01 FEW No: VF-59-1039552 EXHIBIT B PROJECT PLANS Please see attached plans prepared by: Angela M. Biagi.L RLAL FDOT District IV Landscape Architecture Unit and Daniel T. Sorrow, RLA, Cotleur & Hearing, Inc. 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" � �� �... �- R� -x 6 r i 11111111111 311111111 DUNS No.07-727-0940 CSFA No. 55.023 FM No. 429965-1-58-01 FEW No: VF-59-1039552 EXHIBIT C FEDERAL AND/OR STATE FUNDED CONTRACTS The administration of resources awarded by the Department to City of Tamarac may be subject to audits and/or monitoring by the Department, as described in this section. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.971 F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on -site visits by Department staff, limited scope audits as defined by OMB Circular A- 133, as revised, and/or other procedures. By entering into this agreement, the recipient agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. In the event the Department determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department staff to regarding such audit. The City of Tamarac further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the FDOT's Office of Inspector General (OIG) and Florida's Chief Financial Officer (CFO) or Auditor General. AUDITS PART I: FEDERALLY FUNDED Recipients of federal funds (i.e. state, local government, or non-profit organizations as defined in OMB Circular A-133, as revised) are to have audits done annually using the following criteria: In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, th.e recipient must have a single or program -specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. "EXHIBIT D" to this agreement indicates Federal resources awarded through the Department by this agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions OMB Circular A-133, as revised, will meet the requirements of this part. 1. In connection with the audit requirements addressed in Part I, paragraph 1., the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. l ! -L • :l T' - •J�1 4 ;t t �..y }.. lc' F.,)..3.�r, t.a, t)j.Ne.I()f t nI ' :._\ , d t e i-, !1 fF. S, ,,z x ,.,\ i+ 1 �` 1 I 1.. i1t.t._�i,.« i � J I t. i,J '.�' } 44 ,y i .�' •rs f :,,. � r r, i # jt��;" s( j- #4 r � 0- 1 — 1 i � �.. ,' t � I..43,.s 1 sj.C�C% ...x.i.,._ ,s, -,,� ,�'1� z,ti.3.�.,.,.t •_.. Page 9 of 18 DUNS No.07-727-0940 CSFA No. 55.023 FM No. 429965-1-58-01 FEID No: VF-59-1039552 2. If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance. with the provisions of OMB Circular A-133, as revised, is not required. However, if the recipient elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non -Federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). 3. Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number, award number and year, and name of the awarding federal agency. PART II: STATE FUNDED Recipients of state funds (i.e. a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes) are to have audits done annually using the following criteria: 1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year, the recipient must have a State single or project -specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services and the CFO; and Chapters 10.550 (local - governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. "EXHIBIT D" to this agreement indicates state financial assistance awarded through the Department by this agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass -through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part II, paragraph 1, the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(e), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. 3. If the recipient expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. However, if the recipient elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the nonstate entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). 4. State awards are to be identified using the Catalog of State Financial Assistance (CSFA) title and number, award number and year, and name of the state agency awarding it. �i c -s, '� ,'"1 '�� A f' � ��'� � .�;.�n •r % t.t ., $.x - 4... �.i 1`a. ._ { 1ii.'7<.,� k E{l I Page 10 of 18 DUNS No,07-727-0940 CSFA No. 55.023 PART III: OTHER AUDIT REQUIREMENTS FM No. 429955-1-58-01 FEW No: VF-59-1039552 The recipient shall follow up and take corrective action on audit findings. Preparation of a summary schedule of prior year audit findings, including corrective action and current status of the audit findings is required. Current year audit findings require corrective action and status of findings. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed or the dispute is resolved. Access to project records and audit work papers shall be given to the FDOT, the Department of Financial Services, and the. Auditor General. This section does not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any other state official. PART IV: REPORT SUBMISSION 1. Copies of reporting packages for audits conducted in accordance with OMB Circular A- 133, as revised, and required by PART I of this agreement shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the recipient directly to each of the following: A. The Department at each of the following addresses: Florida Department of Transportation 3400 W. Commercial Blvd. Ft. Lauderdale, FL 33309 Karen Maxon, District Single Audit Liaison B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 C. Other Federal agencies and pass -through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. 2. In the event that a copy of the reporting package for an audit required by PART I of this agreement and conducted in accordance with OMB Circular A-133, as revised, is not required to be submitted to the Department for reasons pursuant to section .320 (e)(2), OMB Circular A-133, as revised, the recipient shall submit the required written notification pursuant to Section .320 (e)(2) and a copy of the recipient's audited schedule of expenditures of Federal awards directly to each of the following: 4 k � r. �. .:�, a z. rl-,r., ;.�,- :. t3 , ..: :. �., ., .. �. f... .. �, �, C� ;�'*y.i ^.: }. y I `t T' r% ? 'r A _ 3). ) d tit tia d i i to .f ri+ I},' 1°tlx t' t't (i >> ` ^ ; q ` ( i 1 _ $ a:I= �' - - t .. ti =' a t..➢ ..x_ i, i _ i { :[ � i% ;( c.44{ e .. *._ ..� i is. r....ltir € i , �1'�%t`-It /L f_- `,}:r. >� 1,:k� i 3 ` I c, f o 1 , Page 11 of 18 DUNS No.07-727-0940 CSFA No. 55.023 Florida Department of Transportation 3400 W. Commercial Blvd. Ft. Lauderdale, FL 33309 Karen Maxon, District Single Audit Liaison FM No. 429965-1-58-01 FEID No: VF-59-1039552 In addition, pursuant to Section .320 (f), OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320 (c), . OMB Circular A-133, as revised, and any management letters issued by the auditor, to the Department at each of the following addresses: Florida Department of Transportation 3400 W. Commercial Blvd. Ft. Lauderdale, FL 33309 Karen Maxon, District Single Audit Liaison 3. Copies of financial reporting packages required by PART II of this agreement shall be submitted by or on behalf of the recipient direcl!y to each of the following: A. The Department at each of the following addresses: Florida Department of Transportation 3400 W. Commercial Blvd. Ft. Lauderdale, FL 33309 Karen Maxon, District Single Audit Liaison B. The Auditor General's Office at the following address: Auditor General's Office Room 401, Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 4. Copies of reports or the management letter required by PART III of this agreement shall be submitted by or on behalf of the recipient direct) to: A. The Department at each of the following addresses: Florida Department of Transportation 3400 W. Commercial Blvd. Ft. Lauderdale, FL 33309 Karen Maxon, District Single Audit Liaison 5. Any reports, management letter, or other information required to be submitted to the Department pursuant to this agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, as applicable. 6. Recipients, when submitting financial reporting packages to the Department for audits done in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, � x j).►fl � �.�t 'r` '����' �1�,i ��� ,� � � �'.;: '£,ia'.�13�1x ,a 11v'� ^,a c ,�dt �t � - i"Sf'� ,C^ s. _.�.,r.:f� ,r P�� a.x !t'. ,;li '.�l�l,{`v (�` �a, a a �- .� �. ,�. .n.;ti`�t_.I> �a+�i �� �` �` }T1 is i,�,' l+' _ :'a.� _ �iii. sl,.. ,�i� � � �ti��i:3f�r(,'_.�' 1 t ,�. F _ l '? ��-�;���,ti�.t.!(}.•� �..:f).cicic. Page 12 of 18 DUNS No.07-727-0940 CSFA No. 55.023 FM No. 429965-1-58-01 FEW No: VF-59-1039552 should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. PART V: RECORD RETENTION 1. The recipient shall retain sufficient records demonstrating its compliance with the terms of this agreement for a period of at least five years from the date the audit report is issued, and shall allow the Department, or its designee, CFO, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department, or its designee, CFO, or Auditor General upon request for a period of at least five years from the date the audit report is issued, unless extended in writing by. the Department. (�•\�SSi I -.<.l'-.i1...,. �i'T.S Ii .(3; t dt� , _ #� � ,;._R�.�,_,. ..i7�.,`�5;�.�t-e f'}i F�a7 `,? i ,�_� �,[ iWijt , ,. .:. k ;,f"3 ,i�,.,�__ }�t., �:i,��i�,��. ..E `1 .��.,. '1 Page 13 of 18 DUNS No.07-727-0940 CSFA No. 55.023 FM No. 429965-1-58-01 FEID No: VF-59-1039552 EXHIBIT D AUTHORIZATION: SECTION 339.24 & 339.205, Florida Statutes FEDERAL and/or STATE resources awarded to the recipient pursuant to this agreement should be listed below. If the resources awarded to the recipient represent more than one Federal or State program, provide the same information for each program and the total resources awarded. Compliance Requirements applicable to each State program should also be listed below. If the resources awarded to the recipient represent more than one program, list applicable compliance requirements for each program in the same manner as shown here: STATE RESOURCES Agency: State Agency City of Tamarac FM#:429965-1-58-01 Catalog of State Financial Assistance (Number & Title) Amount FDOT 55.023 State Highway Project Reimbursement $150,000.00 (Department of Transportation) Compliance In developing audit procedures to test compliance with the requirements Requirement: for a state project, the auditor should first look to Part Two, Matrix of Compliance Requirements, to identify which of the 10 types of compliance • requirements described in Part Three of the Compliance Supplement are applicable and then look to Parts Three and Four for the details of the requirements. Activities Under the terms of the Highway Beautification Grant Agreement allowable Allowed: activities include: • Installation of landscaping on the highway facility as specified in the landscape plan in conformance with Rule 14-40.003, Florida Administrative Code, and the "Florida Highway Landscape Guide". Any deviation from the approved landscape plan requires the approval of the Department; (Agreement Provision 1) • Maintenance of the landscaping within the median and areas outside the travel way within the right of way line in accordance with the Landscape Maintenance Plan included in the agreement and consistent with the requirements of Rule 14-40.003(5), Florida Administrative Code. Any deviation from the Landscape Maintenance Plan requires the written approval of the Department; and (Agreement Provision 2) • Landscape installation and maintenance activities that are in accordance with the Maintenance of Traffic Plan included in the agreement and Rule 14.003, Florida Administrative Code. (Agreement Provision 3) '�_.1 v3<�11... "1 i t ,,� .. �� i.. { � i..4...�� L.- ... 7 ..d���,. Page 14 of 18 DUNS No.07-727-0940 CSFA No. 55.023 FM No. 429955-1-58-01 FEID No: VF-59-1039552 Allowable Costs: Cash Management: Matching: Period of Availability: Grants provide for the costs of purchase and installation of, a sprinkler system, the cost of plant materials and fertilizer, and may provide for the costs for labor associated with the installation of the plantings. Each recipient that receives a grant is responsible for any costs for water, for the maintenance of the sprinkler system, for the maintenance of the landscaped areas in accordance with a maintenance agreement with the Department, and, except as otherwise provided in the grant, for any costs for labor associated with the installation of the plantings. (Section 339.2405(11), Florida Statutes) See Part Three. A 50 percent or more of like -kind match by the recipient is encouraged. Grant recipients have one year from date of grant award letter to complete landscape plans and execute necessary agreements. �' 7.t' �. a a. ;; _ •n, t'•.,l �7.., 1 o. 9. ' '. `�l 9'i'y h - a�r fly �:ssi,s,l� S� # t'G�, {?..s- �l 1 .�# t ri, s' l �.s' Page 15 of 18 DUNS No.07-727-0940 CSFA No. 55.023 EXHIBIT E DELIVERABLES FM No. 429965-1-58-01 FEID No: VF-59-1039552 *THE PARTICIPANT WILL NEED DEPARTMENT APPROVAL IF DEVIATING FROM THESE DELIVERABLES AS SHOWN IN EXHIBIT B and E. PLEASE SEE A TTA CHED , , W 1At4t Ii A idC I '' Page 16 of 18 DUNS No.07-727-0940 CSFA No. 55.023 FM No. 429965-1-58-01 FEID No: VF-59-1039552 ESTIMATED QTY. (NOT TO DESCRIPTION UNIT EXCEED) MOBILIZATION LS TRAFFIC CONTROL LANDSCAPE INSTALLATION SOIL BACKFILL IRRIGATION SOD PALMS Phoenix dactylifera'Medjool'/ Medjool Date Palm LS I LS 1 LS LS SY 2282 EACH 16 THE PARTICIPANT WILL NEED DEPARTMENT APPROVAL IF DEVIATING FROM THESE DELIVERABLE AS SHOWN IN EXHIBIT B and E 1 (6 - S:\'! 'i ii-c �J� c"A .W I Y, 10 Page 17 of 18 DUNS No.07-727-0940 CSFA No. 55.023 EXHIBIT F FM No. 429965-1-58-01 FEID No: VF-59-1039552 LANDSCAPE MAINTENANCE MEMORANDUM OF AGREEMENT PLEASE SEE A TTA CHED T 013A I -I- ), jm. Page 18 of 18 SECTION No.: FM No. (s): Connected JPA No: S.R. No.: 86014 429965-1-58-01 870 DISTRICT FOUR (4) LANDSCAPE MAINTENANCE MEMORANDUM OF AGREEMENT THIS AGREEMENT, made and entered into this day of 20�1 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 Tamarac, a municipal corporation, existing under the Laws of Florida, hereinafter called the AGENCY. W I T N E S S ETH: WHEREAS, the DEPARTMENT has jurisdiction over State Road 870 Commercial Boulevard) as part of the State Highway System as described in Exhibit "A"; and WHEREAS, the AGENCY seeks to install and maintain certain landscape improvements within the right of way of state Road 870 (Commercial Boulevard) 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 within the corporate limits of the AGENCY; and WHEREAS, the AGENCY is of the opinion that highway facilities within the AGENCY'S limits that contain landscape improvements (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 hardscape (if applicable), but excluding standard concrete sidewalk, 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 WHEREAS, the AGENCY by Resolution No. dated , 201 attached hereto and by this reference made a part hereof, desires to enter into this Agreement and authorizes its officers to do so; Page 1 of 20 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 landscape accent Fighting, bike racks, fountain, tree grates, decorative free standing wall, and/or surfacing such as concrete avers stamped p p asphalt or stamped concrete. (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, clear zones 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. (See Exhibit "C", 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 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 DEPARTMENT 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. (� If it becomes necessary to provide utilities (wate r/e lectri city) to the median or side areas, it shall be the AGENCY'S responsibility to obtain a permit for such work through the local maintenance office and the AGENCY shall be responsible for all associated fees for the installation and maintenance of these utilities. Page 2 of 20 (g) All hardscape 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. (j) Horizontal Clearance and Clear Zone 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 14-40, Part 1 and Part III.) (I) The AGENCY shall provide the local FDOT Operation Center, located at Broward Operations, 5548 NW 9t' Avenue, Ft. Lauderdale, FL 33309 (954)776-4300), 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 in accordance with the Maintenance of Traffic Plan (see Exhibit B) 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 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 forth in FDOT'S Rule Chapter 14-40 Management, in the FDOT Guide t Management System, and Exhibit "C", activities for landscape improvements. 3. MAINTENANCE OF FACILITIES o level of maintenance guidelines as set Highway Beautification and Landscape Roadside Mowing and Maintenance the Maintenance Plan for maintenance 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 Page 3 of 20 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 and the � associated header curb and concrete areas (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 plants; 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. Plants shall be those items which would be scientifically classified as plants and include but are not limited to trees, shrubs, groundcover and turf. To maintain also means to remove or. replace dead or diseased plants in their entirety, or to remove or replace those that fall below original landscape improvements project standards. Palms shall be kept fruit free year round. To maintain also means to keep the header curbs that contain the specialty surfacing if applicable) treatment in optimum condition. To maintain also means to keep the hardscape areas 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 for these improvements, all costs associated with the utilities associated with landscape accent lighting and/or irrigation system including, but not limited to the impact and connection fees, and, the on -going cost of utility usage for water and electrical, are the maintaining AGENCY'S responsibility. (1) The AGENCY shall be directly responsible for impact and connection fees AND (2) The AGENCY shall become responsible for the above named ongoing utility costs upon final acceptance of the construction project (including the Landscape improvements) by the DEPARTMENT and thereafter. The project is accepted prior to the start of the Plant Establishment and Contractor's Warranty Period. AND Page 4 of 20 (3) The AGENCY shall be responsible for the improvements immediately after final acceptance of the construction project by the DEPARTMENT except for the plant materials. The AGENCY shall be responsible for the maintenance of all. landscape improvements after. the completion of the Plant Establishment and Contractor's Warranty Period. D. The above named 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 mentioned above, 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) Complete the installation, or part thereof, with the DEPARTMENT or Contractor's personnel and deduct the cost of such work from the final payment for said work or part thereof, or/and (2) Maintain the landscape improvements or any part thereof, with the DEPARTMENT or .Contractor's personnel and invoice the AGENCY for expenses incurred, and/or (3) 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, should the landscape improvements fail to be maintained in accordance with the terms and conditions of this Agreement in the amounts listed in those plans. 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 with future criteria or planning of the DEPARTMENT. Page 5 of 20 The AGENCY shall be given sixty (60) calendar day's notice to remove said landscape/hardscape 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 responsibility. 6. FUTURE AGENCY IMPROVEMENTS The -AGENCY may construct additional landscape improvements within the limits of the 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) The AGENCY shall procure a permit from the DEPARTMENT. (c) Alllandscape improvements shall be developed and implemented in accordance with appropriate state safety and roadway design standards. (d) The AGENCY agrees to comply with the requirements of this Agreement with regard to any additional landscape improvements installed at no cost to the DEPARTMENT. 7. ADJACENT PROPERTY OWNER IMPROVEMENTS The DEPARTMENT may allow an adjacent property owner to construct additional landscape or hardscape improvements within the limits of the right of -way identified in Exhibit A of this Agreement. The AGENCY shall be responsible for maintaining under this agreement those improvements 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 The DEPARTMENT and the AGENCY intend to enter into a separate agreement as further described 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 job by the AGENCY. -The DEPARTMENT must approve the landscape improvements before the contractor is released. Page 6 of 20 a 10. 11. AGREEMENT TERMINATION This Agreement may be terminated under any one (1) of the following conditions: (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 documents, papers, letters, or other material Florida Statutes, and made or received b Agreement. AGREEMENT TERM y AGENCY to allow public access to all subject to the provisions of Chapter 1191 the AGENCY in conjunction with this (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 cancels the Landscape improvements described in Exhibit B, this Agreement becomes void and the original Agreement is reinstated if any. 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: (a) 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 that 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, which policies shall accordingly be endorsed. The AGENCY shall deliver proof of such coverage to the DEPARTMENT. Page 7 of 20 12. 13. 14. (b) AGENCY'S contractor shall furnish AGENCY with Certificates of Insurance of Endorsements evidencing the insurance coverages specified herein prior to the beginning performance of work under this Agreement. (c) 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) days notice of cancellation and or/or restriction. If any of the insurance coverages 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. E-VERIFY REQUIREMENTS 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. 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. FISCAL TERMS The DEPARTMENT, during any fiscal year, shall not expend money, incur any liability, nor 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 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. Page 8 of 20 15. DISPUTES 16. 17. 18. 19. 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. 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. 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. 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 p requested. All notices shall be sent to the following addresses: 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 LIST OF EXHIBITS If to the AGENCY: City of Tamarac 6011 Nob Hill Road Tamarac, Florida Attention: John Engwiller Public Works Operations Manager Exhibit A: Project Location & Landscape Improvements Maintenance Boundaries Exhibit B: Landscape Improvements Plans Exhibit C: Maintenance Plan for Landscape Improvements Exhibit D: Approximate Cost for Landscape Improvements Page 9 of 20 IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective the day and year first above written. CITY OF TAMARAC By: Chairperson/Mayor/Manager Attest: I Legal Ropview Date Atto STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: Transportation Development Director Attest: Executive Secretary Legal Review Office of the General Counsel (SEAL) Date Page 10 of 20 SECTION No.: FM No. (s): Connected JPA No: S.R. No.. EXHIBIT A 86014 429966-1-68-01 870 PROJECT LOCATION AND LANDSCAPE IMPROVEMENTS MAINTENANCE BOUNDARIES I. LIMITS OF MAINTENANCE FOR LANDSCAPE IMPROVEMENTS: State Road 870 (Commercial Boulevard) from east of N.W. 49th Avenue (M.P. 2.330) to Florida's Turnpike Interchange (M.P. 2.737) II. LANDSCAPE IMPROVEMENTS MAINTENANCE RESPONSIBILITIES MAP: i Please see attached Page 11 of 20 Lu O V� n Q ~ tip W O Z d' r LL N tn Lu V z Lu a� jQQ oQ �o W� 133-d15 375 SdPVVbf 3)IIdNNNl vaido7d W� W Z QV Z CC Q Z QH LL �O O� v� F- �V Ui m V W Z i ti O w U. � Q � o U awo X w � o d SECTION No.: FM No. (s): Connected JPA No: S.R. No.: EXHIBIT B LANDSCAPE IMPROVEMENTS PLANS 86014 429965-1-58-01 870 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: Angela M. Biagi, RLA, FDOT District IV Landscape Architecture Unit and Daniel T. Sorrow, RLA, Cotleur & Hearing, Inc. 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Yl�gE g_,TppE�fi &�s`�aj gs� E� LEO3 o cq c �aiNsOg rr� tg �cr3 Q°ie3Lq aa+ g�QQo tfr��LaE� 2i �q�'�+ ir °ioE 4 2Sa g3 �i �EEE1�p$v csit�xygj��{ys8i�Qj+�fi���p�{�a+ 9v' S}�J a� tqg"1gE�{S�{j tg£ +u v1 CL O' 1 td Y O V 3 eV M �0 V V' Vf 10 "S U E O C L L� t0 C W I� N V OD aU+ W O'r w ti V� .~•, LL .N•r I� 0 0 E LJ .-i nl v f•'1 N ui 4 H 16 JS r: T t0 'r Oi 2 .r m k N I� a ;EI :011111111 10 E�imnu ��utnui SECTION No.: FM No. (s): Connected JPA No: S.R. No.: EXHIBIT C 86014 429965-1-58-01 870 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 Page 13 of 20 MAINTENANCE PLAN Landscape Improvements Project State Road No(s): 870 (Commercial Boulevard) Maintenance Limits: from east of N.W. 49th Avenue (M.P. 2.330) to Florida's Turnpike Interchange (M.P. 2.737) FM No(s): 429965-1-58-01 Maintaining Agency: City of Tamarac RLA of Record: Angela M. Biagi, RLA and Daniel T. Sorrow, RLA Date: September 6, 2013 ------------------------------------------------------------------------------ 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 tY setbacks as set forth by Florida Department of Transportation (FDOT) governing standards and specifications: FDOT Design Standards, FDOT Plans Preparation Manual Vol. I, 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. 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. Page 14 of 20 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. 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 protect rotect p 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) A3 00 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 H. 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 Guving: 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 Mowin : 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). 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 enlistingintegrated pest management �' p g practices in areas specified on the plans and maintaining proper mulch levels. Extreme care is recommended if 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. Page 15 of 20 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 (7CPI), 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. Handscape (Travelwav Specialty Surfacing): It shall be the responsibility. of the AGENCY to restore an unacceptable ride condition of the roadway, y 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. Hardscane (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. Page 16 of 20 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 Re uirements and Recommendations: No specific maintenance required. Page 17 of 20 REFERENCES 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 Videos (ADA) hLtp://www.access-board.gov/news/sidewalk-videos.htm Americans with Disabilities Act (ADA) (ADAAG) hLtp://www.ada.gov/2010ADAstandards index.hhn American National Standard Institute, ANSI A300, (Part I)for Tree Care Operations —Trees, Shrub, and Other Woody Plant Maintenance —Standard Practices (Pruning), available for purchase www.isa-arbor.com Florida Department of Agriculture and Consumer Services, and Standards for Nursery Plants, available for purchase hllp://www.doacs.state.fl.us/pi/i)ubs.html Division of Plant Industry, Florida Grades 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 ft://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/rddesign/DS/1 3/.[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/13/lDx/O0546.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 htto://www.dot.state.fl.us/rddesign/DS/13/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 httD://www.dot.state.fl.us/rddesign/DS/13/lDx/00700.pdf Florida Department of Transportation, FDOT Plans Preparation Manual (PPM) Vol. I Chapter 2.11 Horizontal Clearance Table 2.II.5 Horizontal Clearance to Trees Table 2.11.11 Recoverable Terrain htti)://www.dot.state.fl.us/r,ddesign/PPMManual/2013RPPM.shtm Florida. Department of Transportation, FDOT Standard Specifications for Road and Bridge Construction, Section 580 Landscape Installation htto://www.dot.state.fl. us/specificationsoffice/Implemented/SpecBooks/2013/Files/580 2013 �df Page 18 of 20 Florida Department of Transportation, Landscape Architecture Website www.MyFloridaBeautiful.com Florida Department of Transportation, Maintenance Rating Program Handbook http://www.dot.state.fl.us/statemaintenanceoffice/MRPHandhonk7017T)raft w Pi Florida Department of Transportation Outdoor Advertising Database http://www2.dot.state.fl.us/rightofwav/, Florida Exotic Pest Plant Council Invasive Plant Lists http://www.fleppc.org/list/list.htm Florida Irrigation Society hitp://www.fisstate Florida Power and Light (FPL), Plant the Right Tree in the Right Place http://www.fbi.com/residential/trees/right tree right place.shtml it final. Guide to Roadside Mowing and Guide to Turf Management, available for purchase http://infonet.dot.state.fl.us/SupportServicesOffice/plist.htm Interlocking Concrete Pavement Institute (ICPI) http://www.icpi.or,q/ International Society of Arboriculture (ISA) www.isa-arbor.com OF IFAS: Selecting Tropical and Subtropical Tree Species for Wind Resistance htti):Hedis.ifas.ufl.edu/-Pdffiles/FR/FRI 7500.df U.S. Department of Transportation, Federal Highway Administration, Manual on Uniform Traffic Control Devices http://www.mutcd.fhwa.dot. o�v Page 19 of 20 SECTION No.: FM No. (s): Connected JPA No: S.R. No.: EXHIBIT D 86014 429965-1-58-0 1 870 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 I. FDOT PARTICIPATION: Via Separate Agreement AGENCY PARTICIPATION: II. APPROXIMATE LANDSCAPE IMPROVEMENT COST: Amounts are approximate Please see attached $150, 000.00 $ 9,649.60 $159,649.60 Page 20 of 20 SUMMARY OF LANDSCAPE AND IRRIGATION COSTS SR 870 (Commercial Boulevard) City of Tamarac FM# 429965-1-58-01 July 91, 2013 DESCRIPTION SIZE/REMARKS U_ T_ INSTALLED SUBTOTAL UNIT COST MOBILIZATION LS 1 $ 7,500.00 $ 7,500.00 TRAFFIC CONTROL LS 1 $ 3,000.00 $ 3..000.00 SOIL BACKFILL SAND AND MULCH MIX LS 1 $ 1,800.00 $ 1,800.00 IRRIGATION COMPLETE SYSTEM LS 1 $32j,160..00 $ 32,160.00 SOD ST. AUGUSTINE SY 22820 $ 0.28 $ 6,389.60 PHOENIX DACTYLIFERA 'MEDJOOL' 22' CLEAR TRUNK, MATCHED EACH 16 $ 6,800.00 $ 1081#800.00 TOTAL LANDSCAPE COST $159,649.60