HomeMy WebLinkAboutCity of Tamarac Resolution R-2010-119Temp Reso. # 11920
9/7/2010
Page 1 of 4
CITY OF TAMARAIP
RESOLUTION 2010 - I_
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA, APPROVING A DISTRICT FOUR MAINTENANCE
MEMORANDUM OF AGREEMENT BETWEEN THE STATE OF
FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) AND THE
CITY OF TAMARAC FOR RIGHT-OF-WAY LANDSCAPING ON
COMMERCIAL BOULEVARD BETWEEN UNIVERSITY DRIVE AND NW
64TH AVE; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO
APPROVE SAID MEMORANDUM OF AGREEMENT; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, a road improvement project is designed for Commercial Boulevard,
also known as SR 870, from University Drive and NW 64t" Avenue, a state road under
the auspices of the State of Florida Department of Transportation (FDOT), either by or
at the request of the City of Tamarac; and
WHEREAS, these improvements are accompanied by a Maintenance
Memorandum of Agreement between FDOT and the City of Tamarac outlining the
responsibility of each party relative to installation and maintenance of Right -of -Way
landscaping project; and
WHEREAS, following the execution of the aforementioned agreement, the State
of Florida Department of Transportation agreed to further upgrade landscaping and
irrigation on Commercial Boulevard between University Drive and NW 64th Avenue as
part of their Commercial Boulevard Improvement Project; and
1
WHEREAS, the District 4 Maintenance Memorandum Agreement attached
hereto as "Exhibit 1" will provide for the installation of landscape improvements by
FDOT along Commercial Boulevard between University Drive and NW 64th Avenue,
provide for maintenance of this new installation by the City of Tamarac and replace all
prior Maintenance Memorandum Agreements for landscaping between FDOT and the
City of Tamarac for the section of Commercial Boulevard between University Drive and
NW 64th Avenue; and
WHEREAS, the Director of Public Works recommends executing the
aforementioned District 4 Maintenance Memorandum of Agreement; and
WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be
in the best interest of the citizens and residents of the City of Tamarac to execute the
aforementioned District Four Maintenance Memorandum Agreement between the State
of Florida Department of Transportation and the City of Tamarac for Right -of -Way
landscape improvements to be made on Commercial Boulevard between University
Drive and NW 64th Avenue to be maintained by the City of Tamarac.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, THAT:
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 upon adoption hereof. All exhibits attached hereto are expressly
incorporated herein and made a part thereof.
1
Page 2 of 4
1
1
Section 2: The foregoing WHEREAS clauses are hereby ratified and
confirmed as being true and correct, and are hereby made a specific part of this
Resolution upon adoption hereof.
Section 3: The City Commission hereby approves the Maintenance
Memorandum of Agreement between the State of Florida Department of Transportation
and the City of Tamarac ("the Agreement"), and the appropriate City Officials are hereby
authorized to execute the Agreement, hereto attached as "Exhibit V.
Section 4: All Resolutions or parts of Resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
Section 5: 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 6: This Resolution shall become effective immediately upon its
passage and adoption.
Page 3 of 4
PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA THIS 7V DAY OF F , 2010.
DIST 1:
COMM. BUSHNELL
DIST 2:
COMM. GOMEZ
DIST 3:
COMM. GLASSER
DIST 4:
V/M DRESSLER
MA y0R. T"AG N,-I-SC6
ATT
PAT TEUFF-L, INT IM CITY CLERK
1
APPROVED AS TO FORM:
4 // / n VNJa.
CIT,YATTdRNlfrAMUEL S. GOREN
1
Page 4 of 4
Florida Department of Transportation
CHARLIE CRIsT
GOVERNOR
Mr. Jack Strain, P.E.
City of Tamarac
Director of Public Works
6011 Nob Hill Road, 2nd Floor
Tamarac, Florida 33321-6200
Dear Mr. Strain:
3400 West Commercial Boulevard
Fort Lauderdale, FL 33309-3421
September 28, 2010
STEPHANIE C. KOPELOUSOS
SECRETARY
RE: District Four (4) Maintenance Memorandum of Agreement (MOA) for SR 870
(Commercial Blvd.) from East of State Road 817 (University Drive) (M.P. 00.017) to
West of N.W. 64th Avenue (M.P. 00.849). FM# 424666-1-52-01.
Enclosed please find one (1) original executed Maintenance Memorandum of Agreement (MOA)
for improvements along State Road 870 (Commercial Boulevard) within the City of Tamarac
under Financial Project Number 424666-52-01.
If you have any questions or need further information, please contact me at (954) 777-4219.
Enclosures
CC: J. Ford, P.E., FDOT
File
Sincerely,
L- SG
Elisabeth A. Hassett, R.L.A.
District Landscape Architect
www.dot.statc.fl.us
Temp. Reso. #11920
Exhibit 111"
SECTION No.:
86014
FM No. (s):
424666.1-62-01
COUNTY:
Broward
S.R. No.:
870
DISTRICT FOUR
LANDSCAPE MAINTENANCE MEMORANDUM OF AGREEMENT
THIS AGREEMENT, made and entered into this _6�b day of 0V0,
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.
WITNESSETH:
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 DEPARTMENT seeks to install and have maintained by the AGENCY
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 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 areas within the
travelway that may contain specialty surfacing (concrete pavers, and/or stamped asphalt or
stamped concrete), including any other hardscape (if applicable), but excluding standard
concrete sidewalk, shall be maintained by periodic pruning, mowing, fertilizing, weeding, litter
pick-up, necessary replanting, irrigation repair and/or repair of any 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. a0 D -Mdated `�' 20 L ,
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 17
NOW THEREFORE, for and in consideration of the mutual benefits to flow each to the
other, the parties covenant and agree as follows:
The recitals set forth above are true and correct and are deemed incorporated herein.
2. INSTALLATION OF FACILITIES
The DEPARTMENT hereby agrees to install or cause to be installed landscape
improvements associated with the referenced roadway project described as: plant
materials, irrigation systems and/or hardscape on the highway facilities substantially as
specified in the initial plans and specifications hereinafter referred to as the landscape
improvements plans, or the plans and incorporated herein as Exhibit B. Hardscape shall
mean, but not be limited to, any landscape accent lighting, fountain, tree grates, decorative
free standing wall and/or any non-standard roadway, sidewalk, median or crosswalk
surfacing, such as, but not be limited to concrete pavers, color stained stamped asphalt
and/or concrete. If there are any major changes to the plans, the DEPARTMENT shall
provide the modified plans to the AGENCY and the AGENCY shall provide their approval
or disapproval to the DEPARTMENT within 10 business days. The -DEPARTMENT may
elect to withdraw the landscape improvements if changes are not approved within the
given time frame.
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 defined as: plant
materials, irrigation, and / or hardscape within the medians and areas outside the
travelway to the right of way line and areas within the travelway containing specialty
surfacing as existing and as described in Exhibit B. The non-standard improvements
outside the travelway shall be maintained by the AGENCY regardless if the said
improvement was made by the DEPARTMENT, the AGENCY, or others, by periodic
pruning, mowing, 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 within the median and areas outside the travelway to the right-of-way
and 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 surfacing and the associated
header curb and concrete areas 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
Page 2 of 17
SAMaint\Landscape\M0A Folders\MOA DRAFTS\City of Tamarac SP 870 (424666-1)\Tamarac SR 870 (424666-1) Draft (8-3-
10).docx
4
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
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 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 systems 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.
"►e
(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.
NOTICE OF MAINTENANCE DEFICIENCIES
A. If at any time after the AGENCY has undertaken the landscape improvements'
maintenance responsibilities mentioned above, it shall come to the attention of the
DEPARTMENT'S District Secretary that the limits, or a part thereof, are not properly
Page 3of17
>.\1V1f,3g111\1 i < apalf�C),'1 F old'is'MOA nF TS\City of F�im,,Tac `3R 87C' (42466 'I )1.1 diu Err;.tr; ,F, 870 1424E66 1) Draft {f3
'10),d0cX
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, placing 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 DEPARTMENT or
Contractor's personnel and invoice the AGENCY for expenses incurred, or
(2) 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 by the
DEPARTMENT for the Landscape improvements listed in Exhibit B in the amounts listed
in those plans should the landscape improvement 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 with future criteria or planning of the
DEPARTMENT. The AGENCY shall be given sixty (60) calendar days notice to remove
said landscape improvements at 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 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) All landscape 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.
Page 4 of 17
f)r'F� d...r�f r �..;•��; ...rh. 71,)�•,.. ,-
T. ADJACENT PROPERTY OWNER IMPROVEMENTS
The DEPARTMENT may allow an adjacent property owner to construct additional
landscape improvements within the limits of the rights 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. LANDSCAPE IMPROVEMENTS COST
The DEPARTMENT agrees to enter into a contract for the installation of the Landscape
improvements for an amount not to exceed 119,300.00 as defined in Exhibit D. This
amount may be reduced or eliminated at the sole discretion of the DEPARTMENT or due
to budgetary constraints of the DEPARTMENT.
The DEPARTMENT'S participation in the Landscape improvements' cost, as described in
Exhibit D is limited to. only those items which are directly related to the Landscape
improvement plans.
The AGENCY shall be invited to assist the DEPARTMENT in final inspection upon
completion of the Plant Establishment and Contractor's Warranty Period.
9. 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 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 last as long as the landscape improvements exist.
Page 5 of 17
rids.tint\Lt3ndsca��e\I\1Cif1 Fnldc�t*\MOM DRAF F5\C:ity of i arnaitrc ` H 870 (424 .C(, '!1` i,jrrr3rac SR 870 (474666-1 ) Tlr,Ot (8- 5-
1 U).dac•x
B. If the DEPARTMENT cancels 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:
(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
and shall name the DEPARTMENT as an additional insured.
(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.
12. 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.
13. 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
Page 6 of 17
�:\M;: in1.1L nd...7pe>\fV1i )A Folders'.MOA DRAF of i arn,,�rac: ,:>f" 8 70 I4..1:16 g_i I ffntnaric 5R 870 (419riG(3 1 j Draft, (8-3-
10)docx
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.
14. 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.
15. This Agreement may not be assigned or transferred by the AGENCY in whole or part
without the consent of the DEPARTMENT.
16. 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.
Iill� no] 111[ilb1
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:
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
18. LIST OF EXHIBITS
If to the AGENCY:
City of Tamarac
6011 Nob Hill Road
Tamarac, Florida 333221
Attention: John Engwiller, P.E.
Title: Operations Manager
Exhibit A: Landscape Improvements Location & Maintenance Boundaries
Exhibit B: Landscape Improvements Plans
Exhibit C: Maintenance Plan for Landscape Improvements
Exhibit D: Approximate Cost for Landscape Improvements
IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective the
day and year first above written.
Page 7 of 17
Maud\t arro r:at e\I'JIGA F'olders\MGA DF A VS%(-,ity of Tamarac: SR 8/0 SR V0 (424(3665-1) Draft (8-:3-
10).d00X
CITY OF TAMARAC
By:
Chairperson/Mayorg�'
(SEAL)
'AJ& Clerk
7
Legal Approval
AMIJ'All- —
V Moffief
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
By:
TranWcaKation 1XeveI0Dr0aWRb
Ork/n-1-- ME
Attest: ��- 'Aki S
Execu"e Sec r6%6 lgft i
X-2 Syr
Date Legal Approval
%
'y
g/���
Office of the General Counsel
Page 8 of 17
o
�6[3 I)
SECTION No.:
FM No. (s)
COUNTY:
S.R. No..
86014
424666-1-52-01
Broward
870
EXHIBIT A
ROADWAY PROJECT LOCATION AND LANDSCAPE IMPROVEMENTS
MAINTENANCE BOUNDARIES
I. ROADWAY PROJECT LOCATION:
State Road 870 (Commercial Blvd). from east of State Road 817 (University Drive) (MP 00.017)
to west of NW 60 Avenue (MP 00.814).
II. LIMITS OF MAINTENANCE FOR LANDSCAPE IMPROVEMENTS
State Road 870 (Commercial Blvd.) from east of State Road 817 (University Drive) (MP 00,017)
to west of NW 60 Avenue (MP 00.849).
III. LANDSCAPE IMPROVEMENTS MAINTENANCE MAP:
See Attached Map
Page 9 of 17
11 iir,+1! ,;rui c.%3F)e1MC:)fa i oIr ei,r ',MQA f)RAF T S\(amity of Ttvnrit ac. ti,fR 570 (124r6fa- 1)11 ur srac: SP STG (42466-fa-1) Draft
10). do cx
z
LLJ
CO
66 TH
7
z
t
LU -a
Lu
NW 64TH AVE-�' . .... . ........
NW
70TH AVL L.
p
CC
S.R. 8/7
'W" x
711
N. UNIVERSITY DR.
SECTION No.: 86014
FIVI No. (s) 424666-1-52-01
COUNTY: Broward
S.R. No., 870
EXHIBIT B
PROJECT PLANS
The DEPARTMENT agrees to install the landscape improvements in accordance with the plans
and specifications attached hereto and incorporated herein.
Please see attached plans prepared by: Miller Legg, Brian R. Shore, RLA
Date: July 8, 2010
Page 10 of 17
)A 1. .WI A�! I �"\C�ty ji 'i w'..n �, t S k i., /0 (4246,.z3 I, �.)� ,f
'3AV H149 MN
831 H199 MN
NY
3AV HAL MN p w
W a Z
20
J
'3AV
❑
ONEL MN
QW
3AINOAl15N3AINn'N
J
0
m
J
")
w
w
N
~
z
WV
Fr
w
G.
G
w g O
LU Q LL
~ a
w
z z oCL
SQ T o
0
r,
V
w w a
CID
Of
rOf
v!
rr�N
3AV OL MN
II -ra. -
�1� Irl1
o
O O
m
o�
o
a a
Q 2
�
�+ o
o �
�
�
V
a �
c
z�
a
z�
z°
gro
W �
v O
✓� GO
$O d
�zm
Fo
S Q Q H
o
O a W
Q u m
2 o p
O a
aC
a�
`z2¢2
ai
a
v~i�
d i p
O ro a
o
Zgoo
��'
� O
33
3
a
a a
(D �2
aLLr
O
P
r
0
w
0
w
•3AV H149 MN
H31 H199 MN
3Atl H1OL MN ¢ p FN
W¢Z
2O
O
J
•3Atl aH£L MN
3AI80 A11SH3A1Nn'N
w 2
Z Z
Ln U)
w w
O
Q
W
J
D
a
0o
J
W
O
U
C)
'Co
��G^^
v!
'Ok="/ z-
R
a
a
a
p N
N 0
C
.�
W
O
Q O
w
�n
❑ a
v
Z �
u� z
9 c
4
zo
q
z z m
p o
200
haaH z
U a a Iz
_v o
u
❑
p `-'
wpp2
c
v�izap
o � m
❑ ❑
a v T
O O O ¢
Q _
a w s z
O LL O
i ti a
(D
t� W �o
❑�v ❑
w
2 ❑ ❑ q
z a a a
m a^
jza
❑� U
i a
(9--�a
,o
7i31 H199 MN
U)`❑a a:Lu
•3AV Hlt 9 MN
-
831 HJ-99 MN
cl
Z
W
}
Y
W
__: 3AV HlOL MN O
a
LU
Z Z
I•- H
R
']AV OUEL MN
IX uj
3AR10 AlIS83AINn'N
IL ❑z
W W
� OQ
o
�I ow i l:
a I
•' ill
U)
I;S
I I
j
I
�� II
i iq�
a
I
III
II
�U}I
j o
I ;w w I
II
a Ix
,Q>
_Ike
LU
_7
a
1
1
'm 1
1 I
�-) II
:I
IN'k
_ IN:
I >��
0>
I;I
wa
ww I;k
I
I
ok
a.ui
.I
.Ilx i.l
of
N0
L.�
W
MO
W
J
v d
- S
C,
M j U
o '0
0
o�z
Nz0
M °a
a
�0�
_Q .CQ�v
4- ❑ Z
LU
n
z�
WoCe
�w�
1 2
tL
SECTION No.:
FM No. (s)
COUNTY:
S.R. No.:
EXHIBIT C
86014
424666-1-52-01
Broward
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 11 of 17
S.1Nlaint.\Lanclscape\I,ICiI� Fo1ders'\M0 A DTRAi TS\Cily of Tamarac SR 810 (4246 66-'1)\ram arac SIR 870 (424666-11) C)raft (8-3-
10) docx
Project State Road No(s):
Project Limits:
FM No(s):
Maintaining Agency:
RLA of Record:
Date:
MAINTENANCE PLAN
Landscape Improvements
SR 870 / Commercial Blvd.
MP 0.0 17 to MP 0. 814
424666-1-52-01
City of Tamarac
Brian R. Shore
07-08-10
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. 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 is recommendations prepared by the 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.
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.
Page 12 of 17
::1Maintllanri rape\Mf]ts Fglrler;,lCv10A DPAI- i S10ty of i amarac :7f t,70 (•424666- i )`" wnarac SR 870 (474666-1) Dratt (8 3-
10).docx
Mulchine:
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, and to specific pruning heights maintaining clear visibility for motorists, and
vertical clearance for pedestrian, bicyclist, and truck traffic where applicable. Visibility windows must be
maintained free of view obstructions and all trees and palms (with particular attention to fronds and fruit)
must be maintained to prevent potential roadway and pedestrian hazards. 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 planting plans. (See Specific
Requirements and Recommendations per Approved Landscape & Irrigation Design for these guidelines).
The understory plant materials selected for use within the restricted planting areas (Limits of Clear Sight)
of the medians 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 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 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 enlisting integrated pest management
practices in areas specified on the plans and by maintaining proper mulch levels. Extreme care is
recommended if using a chemical herbicide to avoid overspray onto plant materials. Any damage
resulting from overspray is the applicator's responsibility to restore the plantings to the approved plans.
Plant Reolacement:
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
Page 13 of 17
S:\MaintlLand, .,ape',M(A Foldcnss PAOA DRAF i-SUJity of'Famarac SCE'. t,70 (42Y16G(S-'I )Mamarac SR 370 (1424666-1) Draft (8-3-
10).doc;x
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 specialty surfacing shall be maintained in such a manner as to prevent any potential tripping hazards
and protect damage to the pavers. 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
become damaged, they shall be replaced with the same type and specification as the approved plan.
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.
Website: Series 600 Traffic Control through Work Zones
http://www.dot.state.fl.us/rddesisin/rd/rtds/1 0/600.pdf
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.
Website: FDOT Outdoor Advertising Database
http` _ . www2.dot.state..fl„us%rightofway/Def ault.aspx
Also, reference the Florida Highway Beautification Program website link for Vegetation Management at
ODA signs for the Florida Statutes and Administrative Codes related to Vegetation Management at
Outdoor Advertising Signs and Permit Applications for Vegetation Management and Outdoor Advertising
Signs determining Mitigation Value of Roadside Vegetation.
Website: FDOT Environmental Management office for Landscape Architects
littp://www.dot.state.fl.us/ei-no/beauly/FLA.sbt
II. Specific Project Site Maintenance Requirements and Recommendations:
Maintain clear trunk per FDOT safety criteria. Maintain hardscape areas weed free.
Page 14 of 17
SAMaint\1-andscape\M0A Folders\MQA DRAR-S\(::ity of Tamarac SR 870 (424666-I ffamarac SR 870 (424666-1) Draft (8-3-
10).dr.)cx
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)
http://www.access-board.gov/news/sidewalk-videos.htm
Americans with Disabilities Act (ADA) (ADAAG)
http://www.ada.gov/NPRM2008/adastandards/adastdsO8.pdf
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
http://www.tr6especialists.com/pdfs/pruningstandards.pdf
Florida Department of Agriculture and Consumer Services, Division of Plant Industry, Florida Grades
and Standards for Nursery Plants, available for purchase
http://www.doacs.state,fl.us/pi/Tubs.html
Florida Department of Community Affairs (DCA), Florida Board of Building Codes & Standards, 2007
Florida Building Code, Chapter 11 Florida Accessibility Code for Building Construction Part A
http-Hwww2.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/rd/RTDS/ 10/544.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
hLtp://www.dot.state.fl.us/rddesign/rd/RTDS/I Q/546-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
littp://www.dot.state.fl.us/rddesign/rd/rtds/10/600.pd
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.st,ite.fl,us/rddesign/rd/RTDS/I 0/700.pdd f
Florida Department of Transportation, FD07' Plans Preparation Manual (PPM) Vol. I Chapters 2.11.5,
Horizontal Clearance to Trees; Table 2.11.9 Horizontal Clearance and Clear Zone; Figure 4.1.2 Clear
Zone; and Table 25.4.1 L I Clear Zone Width (feet) and Table 25.4,14. 6 (for existing) trees
http://www.dot.state.fl.us/rddesign/PPMManual/2009Nolume l /zChap02.pdf
Florida Department of Transportation, FDOT Standard Specifications for Road and Bridge Construction,
Section 580 Landscape Installation
fti):Hfti).dot.state.fl.us/LTS/CO/St)ecificationS/SDecBook/20 1 013ook/580.odf
Page 15 of 17
S:\Maht\Landscape\MOA Folders\MOA DRAFTS\City of Tamarac SR 870 (424666-1)\Tamarac 5R 870 (424666-1) Draft (8-3-
10).docx
Florida Department of Transportation, Landscape Architecture Website
littp://www.dot.state.fl.us/emo/beauty/Ft,A.shtm
Florida Department of Transportation, Maintenance Rating Program Handbook
http://ombnet.dot.state.fl.us/pro_ cedures/bin/850065005 2.pdf
Florida Department of Transportation, Maintenance Rating Program Standards
http://www.dot.sstate.f.us/statemaintenanceoffice/MRPHandbook2009Final.pdf
Florida Department of Transportation Outdoor Advertising Database
http://w-ww2.dot.state.fl.us/ri htofw /Default.asx
Florida Irrigation Society
http://www.fisstate.org
Guide to Roadside Mowing and Guide to Turf Management, available for purchase
littp:Hinfonet.dot.state.fl.us/SuvDortServicesOffice/plist.htm
Interlocking Concrete Pavement Institute (ICPI)
htt:/p /www.icpii.org/
International Society of Arboriculture (ISA)
www.isa-arbor.com
U.S. Department of Transportation, Federal Highway Administration, Manual on Uniform Traffic Control
Devices
http://www.mutcd.fhwa,dQt.gov
Florida Power and Light (FPL), Plant the Right Tree in the Right Place
www.FPL/trees
Page 16 of 17
SAMaintlLandscapeVVIGA Folders\MOA DRAFTWity of Tamarac. SR 870 (424666-1)1Tamarac SR 870 (424666-1) Draft (8-3-
10).docx
SECTION No.:
FM No. (a)
COUNTY:
S.R. No..
EXHIBIT D
86014
424666-1-52-01
Broward
870
APROXIMATE 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.
$ 19,300
Page 17 of 17
Maim\I.a ciccare\P.lOA Fo1ders\M0A DRAFT-S'City of Tamarac SIR 8''/ , (4246(36 } )Vi gain€jrac SR 8r'0 (4246(56-1) Draft (8-3-
'10).dacx
SR-870 / Commercial Blvd.
Tamarac, Fl.
From MP 00.017(STA: 99+35.08) east of N. University Drive to MP 00.814 (STA: 142+33.00) west of NW 64th Avenue
FM--424666-1-52-01
ML — 09-00187
July 8, 2010
PRELIMINARY ESTIMATE, OF PROBABLE COST
ACCENT TREE 4 @ $ 325.00 = $ 1,300.00
Gnn 100 SY O $ 3.00 = $ 300.00
IRRIGATION MODIFICATION 100 SY (c, $ 60.00 =.... $ 6,000.00
PROPOSED HARDSCAPE
HARDSCAPE AT NW 66 TERR. 130 SY @ $ 90.00 = $ 11,700.00
PRELIMINARY OPINION OF PROBABLE COST = $ 19,300.00
a
a
Florida Department of Transportation
CHARLIE CRIST
GOVERNOR
Mr. John Engwiller, P.E.
Operations Manager
City of Tamarac
6011 Nab Hill Road
Tamarac, Florida 33321
Dear Mr. Engwiller:
3400 West Commercial Boulevard
Fort Lauderdale, Florida 33309-3421
August 9, 2010
STEPHANIE C. KOPELOUSOS
SECRETARY
RE: District Four Maintenance Memorandum of Agreement for State Road 870 (Commercial Blvd.) from
East of State Road 817 (University Drive) (M.P. 00.0171 to West -of N.W. 64`h Avenue (M.P. 00.849). FM #
42.4666-1-52-01.
Enclosed are four (4) revised original Maintenance Memorandum of Agreement including a set ofplans that reflect
the landscape improvements that will be constructed for State Road 870 (Commercial Boulevard) in the City of
Tamarac.
Please have these executed by the City at their earliest convenience returning all. four 4 to me, with one sealed copy
of the Resolution approving such action. Gerry O'Reilly, P.E., the Department's Transportation Development
Engineer District IV, will execute and date the originals returning one for your file.
Important: Please do not fill in the date on the first paragraph on page one.
Please contact the Project Manager, Mr. James Ford at (954)777-4434 if you have any questions regarding this
project and if you have questions regarding this agreement please call me at (954)777-4219 or Mary Ann
Randolph at (954)677-7897.
CC: J. Ford, P.E.
File
Sincerely,
L I. -0 - I
Elisabeth A. Hassett
District IV Landscape Architect
www.dot.state.fl.us ® RECYCLED PAPER