HomeMy WebLinkAboutCity of Tamarac Resolution R-2009-101Temp Reso. #11650
7/20/2009
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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.
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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
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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;
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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
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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,
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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
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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,
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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
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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
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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
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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-
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CITY LIMITS
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i�1CITY FORT
LAKESIDE DRIVE
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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. LC-000OM FPINo. 414161-1-52-01 March 19, 2009
vendor b. 65-02 M4
SECTION No.:
FM No. (s):
COUNTY:
S.R. No.:
EXHIBIT B
PROJECT PLANS
86060
414161-1-52-01
Broward
7 (US 441)
The DEPARTMENT agrees to install the Project in accordance with the plans and specifications
attached hereto and incorporated herein.
Please see attached plans prepared by: Cotleur & Hearing, Inc., Robert J Cotleur, R.L.A.
Date: 03/23/2009
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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
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