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HomeMy WebLinkAboutCity of Tamarac Resolution R-2009-101Temp Reso. #11650 7/20/2009 Page 1 of 3 CITY OF TAMARAC, FLORIDA RESOLUTION 2009 - le/ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE 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 STATE ROAD 7 (US 441) FROM JUST SOUTH OF NW 49TH STREET TO JUST SOUTH OF WEST PROSPECT ROAD; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, a landscape improvement project is designed for State Road 7 (US 441) from just south of NW 49th Street to just south of West Prospect Road, 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 on State Road 7 (US 441) from just south of NW 49th Street and just south of West Prospect Road as part of their State Road 7 (US 441) Landscape Improvement Project; and WHEREAS, the District 4 Maintenance Memorandum Agreement attached hereto as "Exhibit 1" will provide for the installation of landscape improvements by FDOT along State Road 7 (US 441) from just south of NW 49th Street and just south of West Prospect Road, 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 State Road 7 (US 441) from just south of NW 49th Street and just south of West Prospect Road; 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 State Road 7 (US 441) from just south of NW 49th Street and just south of West Prospect Road 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 incorporated herein and made a specific part of this resolution. Section 2: The appropriate City Officials are HEREBY authorized to execute the Maintenance Memorandum of Agreement between the State of Florida Department of Transportation and the City of Tamarac, hereto attached as "Exhibit 1 ". Section 3: All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. Page 2 of 3 1 1 1 Section 4: 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 5: This Resolution shall become effective immediately upon its passage and adoption. PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA THIS DAY OF , 2009. ATTEST: MARION SWENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. //,Jl & �/ S L REN I A�ORNEY MAYOR BATH FLAN AUM-TALABISCO RECORD OF COMMISSION VOTE: MAYOR FLANSBAUM-TALABISCO DIST 1: COMM BUSHNELL4� DIST 2: VM ATKINS-GRAD—� DIST 3: COMM GLASSER t7 DIST 4: COMM. DRESSLER Page 3 of 3 EXHIBIT #1 — TR#11650 SECTION No.: 86060 FM No. (s): 414161-1-52-01 COUNTY: Broward S.R. No.: 7 (US 441) DISTRICT FOUR MAINTENANCE MEMORANDUM OF AGREEMENT THIS AGREEMENT, made and entered into this oVA dY a of 20 Of by and between the STATE OF FLORIDA DEPARTMENT OF TRAKSPORTATION, a component agency of the State of Florida, hereinafter called the DEPARTMENT and the City of Tamarac, a political subdivision, existing under the Laws of Florida, hereinafter called the AGENCY. WITNESSETH: WHEREAS, the DEPARTMENT has jurisdiction over State Road 7 (US 441) 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 7 (US 441) 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 to medians and areas outside the travelway to the right of way line and areas within the travelway containing specialty surfacing (concrete pavers, stamped asphalt or stamped concrete), including any 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 repair of any median concrete replacements associated with the specialty surfacing 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 , 20 , 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 8 S:1Mair tii_ar. ware%MOA FroiderstMOA Drafts\City Of Tamarac -SR 7 Coll-414161.Docx 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 including: plantings, irrigation and/or hardscape on the highway facilities substantially as specified in the initial plans and specifications hereinafter referred to as the Project and incorporated herein as Exhibit B. 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 improvement if changes are not approved within the given time frame. Hardscape shall mean, but not be limited to, any landscape lighting, any non-standard roadway, sidewalk, median or crosswalk surfacing, such as, but not be limited to concrete pavers, stamped asphalt or color stained and/or stamped concrete, fountain, tree grates, and/or decorative free standing wall. 3. MAINTENANCE OF FACILITIES A. The AGENCY agrees to maintain the landscape improvements, as existing and those to be installed, within the physical limits described in Exhibit A and as defined as: plantings, 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, and / or repair following the DEPARTMENT'S landscape safety and maintenance guidelines and 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 grass 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 or 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 sod. To maintain also means to remove or replace dead or diseased plants in their entirety, or to remove or replace those that fall Page 2 of 8 S:ANAain`i1_andscapeW0A Fo ders`,.MOA Draftsirity U Tamarac, -SR 7 Coll-414161.Docx below original project standards. Palms must 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 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 on going utility costs upon final acceptance of the construction Project by the DEPARTMENT and thereafter. The construction Project is accepted prior to the start of the Plant Establishment and Contractor's Warranty Period. Pub (3) The AGENCY shall be responsible for all the improvements immediately after final acceptance of the construction Project by the DEPARTMENT except for plants. The AGENCY shall be responsible for the maintenance of all 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 improvement's 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 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, Page 3 of 8 S:'\Maint',;_anU>capeiJ,40A �o'ders`.MOA Drafts\city Of Tamarac -SR 7 Coll-414161.Docx 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 Project 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. 7. 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 Page 4 of 8 S:Wain*'Landscape\MOA =o ders!.MOA Drafts\City O` Tamarac -SR 7 Coll-414161.Docx 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. PROJECT COST The DEPARTMENT agrees to enter into a contract for the installation of the Project for an amount not to exceed $12,915.04 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 Project cost, as described in Exhibit D is limited to only those items which are directly related to this Project. 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. B. If the DEPARTMENT cancels the Project 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, Page 5 of 8 S:\Majnf\LancscapeW0A o ders\MOA Drafts"Lity Of Tamarac -SR 7 Coll-414161.Docx and/or sub -contractors, such party in any contract for this project 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 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 Page 6 of 8 S:1Mainf\ ancscape\M0A cVders\M0A Drafts City U Tamarac -SR 7 Coll-414161.Docx 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. 17. NOTICES Any and all notices given or required under this Agreement shall be in writing and either personally delivered with receipt acknowledgement or sent by certified mail, return receipt requested. All notices shall be sent to the following addresses: If to the Department: If to the Agency: State of Florida Department of Transportation 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. Attention: John Engwiller FDOT District IV Landscape Architect Title: Operations Manager 18. LIST OF EXHIBITS Exhibit A: Project Location & Maintenance Boundaries Exhibit B: Project Plans Exhibit C: Maintenance Plan Exhibit D: Approximate Project Cost Page 7 of 8 SAM,3inf`,;_anUsc3pe'1M0A =o ders'MOA Drafts city Of Tamarac -SR 7 Coll-414161.Docx IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective day and year first above written. OF Fta9��9 AGENCY STATE OF FLORIDA a — o DEPARTMENT OF TRANSPORTATI r. �,t r By: By. Chairperson/Mayor TrapAportation Developmepf Direc OF�a Attest) EAL Attest: (SEAL) Clerk xecutive retary Approval s to F m Date Approval as to Form Date to 4District::GeneracCounsel Page 8 of 8 SAMainNI-andscape"MOA Foiders`•.MOA DraftslCity Of Tamarac -SR 7 Coll-414161.Docx SECTION No.: FM No. (s) COUNTY: S.R. No.: EXHIBIT A 86060 414161-1-52-01 Broward 7(US 441) PROJECT LOCATION AND MAINTENANCE BOUNDARIES CITY OF TAMARAC I. PROJECT LOCATION: State Road 7 (US 441) from Peters Road (M.P. 9.267) to SW 8"' Court (M.P. 17.040) II. PROJECT LIMITS OF MAINTENANCE: State Road 7 (US 441) from just south of NW 49th Street (M.P. 14.691) to just south of West Prospect Road (M.P. 15.295) III PRO.IFCT MAINTENANCE MAP: LIMITS OF MAINTENANCE CITY OF TAMARAC u U �If CITY OF LAUDERDALE LAKES CITY LIMITS NW 49TH ST LIMITS OF MAINTENANCE NW 47TNTRAIL f O- ► -►ALE CITY LIMITS CQ v � .off_ � • � r ►' 1`�9� i�1CITY FORT LAKESIDE DRIVE CITY OF TAMARAC %. v v %J -v LIMITS C OF MAINTENANCE CITY OF NORTH. !V LAUDERDALE SR 7 (US 441) RA LINE WEST PROSPECT RD Maintenance Ma LIMITS OF Limits ofMaintenance LffdoMw AfDVW Of RMtd.- PdAtt 104ftr, RLf *W ® MAINTENANCE COtleur Hearing City of Tamarac BY CITY OF TAMARAC &34 Commorce Lane Su,te t SR 7 Collaborative Landscape Project Not To Scak Jr, -747 FtoM or W Florida Department O Transportation 56F7�tT_6535 p� �_�,R_t� p .f P CHProjedNo. 08-0206 Cert. of Auth. 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I I N I 11 �: u l :I 2 � I � CO a I•I-- x �A �ORO �a� aUW p.�•:�.� � �� I �I: II I I � � Ijl o I W M I a II p: II I 10 Ww 110 \(IOM l - i;:..II............... ...l L..Y FM...:....ff;•;� I' iz ; I F 1 1V1;II 10 11 1 I I h mil I I I:\ I I Ili I CT SECTION No.: FM No. (s): COUNTY: S.R. No.: EXHIBIT C MAINTENANCE PLAN 86060 414161-1-52-01 Broward 7 (US 441) This Exhibit forms an integral part of the DISTRICT FOUR (4) MAINTENANCE MEMORANDUM OF AGREEMENT between the State of Florida, Department of Transportation and the AGENCY. Please see attached MAINTENANCE PLAN Landscape Improvements Project State Road No(s): 7 (US 441) Project Limits: Peters Road (MP 9.267) to SW 81h Court (MP 17.040) FM No(s): 414161-1-52-01 Maintaining Agency: City of Tamarac, (Mr. John Engwiller, Ph. 954-597-3727) RLA of Record: Robert J Cotleur, R.L.A.,1067 Date: March 23, 2009 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. Page 1 of 6 FDOTiLAIH 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 plant management program is encouraged to ensure healthy plants, which are free of disease and pests. Mulching: Mulch planting beds in such a manner as to: prevent weed growth; retain moisture to the plants; protect against soil erosion and nutrient loss;. maintain a more uniform soil temperature; and improve the appearance of the planting beds. Avoid mulch mounded up on the trunks of trees, palms, and the base of shrubs to encourage air movement in this area that 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) 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 should be 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 Page 2 of 6 FDOT: EAH 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 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 Consumers 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 specialty pavers and tree grates shall be maintained in such a manner as to prevent any potential tripping hazards and protect damage to the pavers and tree grates. Final surface tolerance from grade elevations shall, at a minimum, meet the most current Interlocking Concrete Pavement Institute (ICPI), Section 23 14 13 Interlocking Concrete Pavers, Part 3.05. If the pavers or tree grates become damaged, they shall be replaced with the same type and specification as the approved plan. Hardscape (Non -Standard Travelway Surfacing): It shall be the responsibility of the AGENCY to restore an unacceptable ride condition of the roadway, including asphalt pavement, 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. Page 3 of 6 FDOT IAI-I 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, replace of the sign panel, post, and base. Hardscape (Landscape Accent Lighting) Landscape accent lighting shall be maintained in such a manner as to prolong the life of the lighting fixture and prevent potential safety hazards. If the lighting fixtures and their system become damaged, they shall be replaced with the same type and specification as the approved plan. 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 bqp•//www dot state flus/rddesiC7n/Desi(mStandards/Standards.htrn 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 hLtp://ww-vv2.dot.state.fl.us/ri,ghtoEN,qL/Default.asipx 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 hLtp://,N-A,-w.dot.state.fl..us/em.o/beauty/FLA.sht.m II. Specific Project Site Maintenance Requirements and Recommendations: There are a few minor areas at the edges of rights of ways that allow for additional palms and trees. All of the proposed landscaping is low maintenance and native and located outside of the medians in the un-irrigated edges of right of ways. The trees will be installed and trimmed to meet all FDOT safety criteria and to promote a uniform and healthy appearance. The existing sod is to remain. There are ODA signs within the city limits of this project and the view zones have been approved and are shown in the plans. Page 4 of 6 FDO EAi1 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. American National Standard Institute, ANSI A300, (Part 1) for Tree Care Operations — Trees, Shrub, and Other Woody Plant Maintenance — Standard Practices (Pruning), available for purchase htt,p://v,,w-w.treespecialists.com/pdfs/pi-uiiiiigstaiid,irds.pdf Florida Department of Agriculture and Consumer Services, Division of Plant Industry, Florida Grades and Standards for Nursery Stock, available for purchase http://www doacs state fl.us/pi/-pl antin M/publi cations.htn-il Florida Department of Transportation, FDOT Design Standards for Design, Construction, Maintenance and Utility Operations on the State Highway System, Index 544 Landscape Installation http://-,N,ww.dot.state.fl.us/rddesign/rd/RTDS/08/544.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 http://Nvww.dot.state.fl.us/rddesigpLrd/RTDS/08/5462df Florida Department of Transportation, FDOT Design Standards for Design, Construction, Maintenance and Utility Operations on the State Highway System, Index 700 Roadside Offsets htt//www dot state fl us/rddesi_�/rd/RTDS/08/700.pdf Florida Department of Transportation, FDOT 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 25.4.11.1 Clear Zone Width (feet) and Table 25.4.14.6 (for existing) trees lhttp•//www dot state flus/rddesign/PPMManuaII2008/Volume1 /zChap02.pdf Florida Department of Transportation, FDOT Standard Specifications for Road and Bridge Construction, Section 580 Landscape Installation http•//www dot state fl us/specificationsoffice/Implemented/CulTentBKJCurrentSpecs/580.pdf Florida Department of Transportation, Maintenance Rating Program Handbook http://ombnet.dot.state.fl.us/procedures/bin/850065002.pdf Florida Department of Transportation, Landscape Architecture Website http://www.dot.state.fl.us/en-io/beau.ty/beautv.shtm Page 5 of 6 Interlocking Concrete Pavement Institute (ICPI) http //w�v.icpi.or/ http://www.fisstate.org International Society of Arboriculture (ISA) www.isa-arbor.com Manual on Uniform Traffic Control Devices http:/huww.mutcd. fliwa. dot.,gov Florida Irrigation Society http •//w,, w.fisstate.ort; Florida Department of Community Affairs (FCA), Florida Board of Building Codes & Standards, Florida Accessibility Code for Building Construction ii.Itp://)N-ww.dca.state.fl.us/f.bc/Tublications/I publications.htni. Guide to Roadside Mowing and Guide to Turf Management, available for purchase http•//infonet dot state fl us/SupportServicesOffice/plist.htm Accessible Sidewalk Videos (ADA) http://wwv.access-board.gov/news/sidewalk-videos.htm Page 6 of 6 FDOT A f SECTION No.: FM No. (s): COUNTY: S.R. No.: EXHIBIT D APROXIMATE PROJECT COST 86060 414161-1-52-01 Broward 7 (US 441) This Exhibit forms an integral part of the DISTRICT FOUR (4) MAINTENANCE MEMORANDUM OF AGREEMENT between the State of Florida, Department of Transportation and the AGENCY. Date: 03/23/2009 APPROXIMATE PROJECT COST: $ 12,915.04 0) 0 0 N M N M W I- Q a D Ln g H O