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City of Tamarac Resolution R-2004-169
1 11 Temp Reso. #10479 June 15, 2004 Page 1 of 4 Revision 1 — 6/30/04 Revision 2 — 7/06/04 Revision 3 — 7/07/04 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2004- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICALS 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 COMMERCIAL BOULEVARD BETWEEN UNIVERSITY DRIVE AND PROSPECT ROAD; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILTY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, numerous landscape improvement projects have been implemented along Commercial Boulevard, also known as SR870, 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, each of these improvements has be accompanied by a Maintenance Memorandum of Agreement between the FDOT and the City of Tamarac outlining the responsibility of each party relative to installation and maintenance of each Right -of -Way landscaping project; and WHEREAS, the most recent example of these is the Maintenance Memorandum of Agreement between the State of Florida Department of Transportation and the City of Temp Reso. #10479 June 15, 2004 Page 2 of 4 Revision 1 — 6/30/04 Revision 2 -- 7/06/04 Revision 3 — 7/07/04 Tamarac as amended on April 24, 2002 through Resolution R2002-112 providing for maintenance and installation of landscaping on Commercial Boulevard between Rock Island Road and N.W. 31 st Avenue hereto attached as Exhibit 1; 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 NW 31St Avenue to Prospect Road as part of their Commercial Boulevard Improvement Project; and WHEREAS, staff has determined that one agreement outlining the responsibilities of the parties relative to the entire project area along Commercial Boulevard will streamline operations by providing for reference to one agreement rather than multiple agreements, ensure consistency and reflect best business practices; and WHEREAS, the District 4 Maintenance Memorandum Agreement attached hereto as Exhibit 2 will provide for the installation of landscape improvements by FDOT along Commercial Boulevard between NW 31 Avenue and Prospect Road, provide for maintenance of this new installation by the City of Tamarac and replace all prior Maintenance Memorandum Agreements between the FDOT and City of Tamarac for the section of Commercial Boulevard between University Drive and Prospect Road; and WHEREAS, the Director of Public Works recommends executing the aforementioned District 4 Maintenance Memorandum of Agreement; and L', 11 1 Temp Reso. #10479 June 15, 2004 Page 3 of 4 Revision 1 — 6/30/04 Revision 2 — 7/06/04 Revision 3 — 7/07/04 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 of 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 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: 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. 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 2. SECTION 3: All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. Temp Reso. #10479 June 15, 2004 Page 4 of 4 Revision 1 — 6/30/04 Revision 2 — 7/06/04 Revision 3 — 7/07/04 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, ADOPTED AND APPROVED THIS 14th day of July, 2004. ATTEST: MARION SWItNSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. 1 JOE SCHREIBER MAYOR RECORD OF COMMISSION VOTE: MAYOR SCHREIBER ayk DIST 1: COMM. PORTNER DIST 2: COMM. FLANSBAUM-TALABISCO DIST 3: V/M SULTANOF DIST 4: COMM. ROBERTS .uc 1 1 r�L 1 TEMP RESO 9759 EXHIBIT 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-99. Temp. Rno. #8721 August 11,1099 Page 1 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, ACCENTING THE FLORIDA DEPARTMENT OF TRANSPORTATION, HIGHWAY BEAUTIFICATION GRANT IN THE AMOUNT OF $75,958.79 AND AUTHORIZING A MATCH FROM THE CITY IN THE AMOUNT OF $75,998.25, FOR A TOTAL PROJECT COST OF $161,955.04 TO PROVIDE LANDSCAPE AND IRRIGATION IMPROVEMENTS ALONG COMMERCIAL BOULEVARD BETWEEN ROCK ISLAND ROAD AND PROSPECT ROAD; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF TAMARAC AND THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE HIGHWAY BEAUTIFICATION GRANT FUNDS; APPROVING A TRANSFER FROM THE GRANTS MATCHING ACCOUNT IN THE AMOUNT OF $75,996.25; AMENDING THE ANNUAL GRANTS FUND BUDGET OF ESTIMATED REVENUES AND EXPENDITURES IN THE AMOUNT OF $76,958.79; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Tamarac desires to enhance landscape beautification within the City of Tamarac; and WHEREAS, on January 27, 1909, the City Commission of the City of Tamarac passed Resolution R-99-18 authorizing the appropriate City ofltcials to apply for grant funding from the Florida Department of Transportation under their Highway Beautification program in the amount of $75,000, and authorized a City match of $75,000, to provide landscape and irrigation improvements along Commercial Boulevard between Rock Island Road and Prospect Road; and WHEREAS, the City of Tamarac, pursuant to prior agreements, is responsible for maintaining the public rights -of -way on Commercial Boulevard between Rock Island Road and Prospect Road; and Temp. Reeo. #8721 August 11,1999 Page 2 WHEREAS, the City of Tamarac received notification from the Florida Department of Transportation that the grant application in the exact amount of $75,958.79 is approved; and WHEREAS, matching City funds in the exact amount of $75,996.25 are available in the General Fund budget for said purpose; and WHEREAS, it is the recommendation of the City Manager, Director of Public Works and the Assistant Director of Public Works that the grant in the amount of $75,958.79 from the Florida Department of Transportation be accepted, and the match of $76,996.25 from the City be approved; 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 accept the Florida Department of Transportation Highway Beautification Grant in the amount of $75,958.79 and approve the match from the City in the amount of $75,998.25 for landscape and irrigation improvements along Commercial Boulevard between Rock Island Road and Prospect Road. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, THAT: Section : The foregoing 'WHEREAS" clauses are HEREBY ratified and confirmed as being true and correct and are HEREBY made a specific part of this Resolution. ction : The Florida Department of Transportation Highway Beautification Grant in the amount of $75,958.79 for landscape and irrigation improvements along University Drive and Commercial Boulevard is HEREBY accepted. S9a ign 3 The City of Tamarac match in the amount of $75,996.25 for a total project cost of $151,955.04 shall come from the account entitled "Grants - Matching Funds." 1 Cl 1 Tamp. Rego. 08721 August 11,1999 Page 3 ftction 4: A budget transfer in the amount of $75,996.25 from Grants Fund account entitled, °Grants --Matching Funds" to Grants Fund account entitled, "Landscaping and Irrigation" is HEREBY approved for correct accounting standards. Sec tion 5: The City Commission authorizes the appropriate City Official to amend the Grants Fund budget in the amount of $75,958.79 and appropriate said funds including any and all subsequent budgetary transfers to be in accordance with proper accounting standards. Section•6: The appropriate City officials are HEREBY authorized to execute the required documents for the acceptance of the grant from the Florida Department of Transportation, attached hereto as EXHIBIT NA". §ection 7: All resolutions or parts of resolutions in conflict herewith are HEREBY repealed to the extent of such conflict. Section 8: 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 application, it shall not affect the validity of the remaining portions or applications of this Resolution. Section 9: adoption. This Resolution shall become effective immediately upon its passage and Temp. Remo. 08721 August 11,1999 Page 4 PASSED, ADOPTED AND APPROVED this Sl�g day of ,1998. ATTEST: er CAROL GOLD, C /AAE CITY CLERK I HEREBY CERTIFY that I have Approved this RESOLUTION qs to form �l r % lo a PFIA — — - M e w RECORD OF COMMISSION MAYOR_ SCHREIBE_R DIST 1: _ 29MM P'ORTN,FR,Z DIST 2: -YM MISHIO DIST & GOMM. SULTMKS� DIST 4: COMM. RO W2 Florida Department of Transportation JEA DIN. H DISTRICT MUN VIVANCE • DISTRICT 4 (;OVFRMOR 34ou w.d c.mm.rd.l eou6v&A. Fort Laui.rJa6. F14rid. 33309.342L T.I.p"t OU) 777422W F.xi 1954)177.4223 October 13, 1999 Mr. Jim Berkman Public Works Coordinator City of Tamarac 7525 N.W. 88th Avenue THOMAS V BARRY. JR. SECRETARY Tamarac, FL 33321 Dear Mr. Be RE: Maintenance Memorandum of Agreement for SR 870 (Commercial Boulevard) Enclosed is a copy of the executed Maintenance Memorandums for subject area. Please use this letter as your Notice to Proceed. Upon completion of the project it will be necessary for the City to submit a single invoice, along with the paid bills that support the invoice, to the Department for raimbursement. In the letter of ftwonittal please state that the project was constructed in compliance with the plans and that this is the final invoice. Should you have any question, please call me at (954) 777-4219. Thank you. JIM: As previously discussed with you, the Department has a road feature realignment project for a portion of this project. Please contact me prior to the start of any work so that we may effectively coordinate the efforts of the City and the Department. Thank you.. CBwc Enclosure is Sincerely, r. 2;Carl B. iggins, Landscape Architect www.dot.state.fl.us 0 FMYC11O"R aMISIT "A" TOW RESn #8721 DISTRICT FOUR (4) MAINTENANCE MEMORANDUM OF AGREEMENT HIGHWAY BEAUTIFICATION GRANT FOR 19".2.000 THIS AGREEMENT, made and entered into this day o fa 19A, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTA ON, a component agency of the State of Florida, hereinafter called the "DEPARTMENT" and the a political subdivision of the State of Florida, existing under the Laws of Florida, hereinafter called the "AGENCY". 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 a- jxjQL ,lane 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 said highway facility that contains landscape medians and areas outside the travel way to the right of way line, excluding sidewalk, shall be maintained by periodic trimming, cutting, mowing, fertilizing, litter pickup and necessary replanting; 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. — D, atedaUC0199R._, attached hereto and by this reference made a part hereof, desires to enter into his Agreement and authorizes its officers to do so; NOW THEREFORE, for and in consideration of the mutual benefits to flow each to the other, the parties covenant and agree as follows: 1. The AGENCY hereby agrees to install or cause to be installed landscaping on the highway facility as specified in plans and specifications included as Exhibit "B", with if any, the following exceptions and conditions: A. The current Florida of Department of Transportation Roadway and Traffic Design Standard index 546 must be adhered to, B. Clear zone/horizontal clearance as specified in the Plans Preparation Manual - Metric Volume 1, Chapter 2 must be adhered to as outlined on relevant sheets in Exhibit D. C. Landscaping shall not obstruct roadside signs or permitted outdoor advertising signs, D. If irrigation is to be installed, the Department shall be provided accurate as built plans of the system so if in the future there is a need for the Department to perform work in the area, the system can be accommodated as much as possible, E. If it becomes necessary to provide utilities to the median or side areas ( water/electricity) it shall be the AGENCY'S responsibility to obtain a permit for such work though the local maintenance office F. During the installation of the project and future maintenance operations, maintenance of traffic shall be in accordance with the 1988 edition of the MUTCD and the current Department Roadway and Traffic Design Standards (series 600), G. The AGENCY shall provide the local maintenance office located at 5548 NW 9th Avenue, Ft. Lauderdale, F133309 twenty-four (24) telephone number and the name of a responsible person that the department may contact, H. If there is a need to restrict the normal flow of traffic it shall be done on off peak hours (9AM to 3PM), I .The AGENCY shall be responsible to clear all utilities within the project limits J. The AGENCY shall notify the local maintenance office forty-eight (48) hours prior to the start of the project, 2. The AGENCY agrees to maintain the landscaping and irrigation (if applicable) within the median and areas outside the travel way to the right of way line, excluding sidewalk and crosswalks, unless constructed with other than concrete or asphalt at the AGENCY'S request. by periodic trimming, cutting, mowing, fertilizing, litter pickup and necessary replanting, following the Department's landscape safety and plant care guidelines. The AGENCY's responsibility for maintenance shall include all landscape/turfed areas and areas covered with interlocking pavers or similar type surfacing (hardscape) within the median, crosswalks, and areas outside the travel way to the right-of-way line on Department of Transportation right-of-way within the Iimits of the Project. Such maintenance to be provided by the AGENCY is specifically set out as follows: To maintain, which means the proper watering and proper fertilization of all plants and keeping them as free as practicable from disease and harmful insects; to properly mulch the plant beds; to keep the premises free of weeds; to mow and/or cut the grass to a proper length; to properly prune all plants which includes (1) removing dead or diseased parts of plants, or (2) pruning such parts thereof which present a visual hazard for those using the roadway. To maintain also means removing or replacing dead or diseased plants in their entirety, or removing or replacing those that fall below original project standards. All plants removed for whatever reason shall be replaced by plants of the same size and grade as specified in the original plans and specifications. To maintain also means to keep the hardscape areas free from weeds and replacement of any areas becoming in disrepair so as to cause a safety hazard. To maintain also means to keep the header curbs that contain the hardscape in optimum condition. To maintain also means to keep litter removed from the median and areas outside the travel way of the right of way line. Plants shall be those items which would be scientifically classified as plants and include but are not limited to trees, grass, or shrubs. 0 The above named functions to be performed by the AGENCY, shall be subject to periodic 2 inspections by the Department. Such inspection findings will be shared with the AGENCY and shall be the basis of all decisions regarding payment reduction, reworking or agreement termination. The AGENCY shall not change or deviate from said plans without written approval of the Department. 3. If at any time after the AGENCY has assumed the landscaping installation and/or maintenance responsibility above -mentioned, it shall come to the attention of the Department's District Secretary that the limits or a part thereof is not properly maintained pursuant to the terms of this Agreement, said District Secretary may at his option issue a written notice that a deficiency or deficiencies exist(s), by sending a certified letter to the AGENCY to place said AGENCY on notice thereof. Thereafter the AGENCY shall have a period of thirty (30) calendar days within which to correct the cited deficiencies. If said deficiencies are not corrected within this time period, the Department may at its option, proceed as follows: (a) Complete the installation or part thereof, with Department or Contractor's personnel and deduct the cost of such work from the final payment for said work or part thereof, or (b) Maintain the landscaping or a part thereof, with Department or Contractor's personnel and invoice the AGENCY for expenses incurred, or (c) Terminate the Agreement in accordance with Paragraph 6 of this Agreement and remove, by Department or private contractor's personnel, all of the landscaping installed under this Agreement or any preceding agreements except as to trees and Palms and charge the AGENCY the reasonable cost of such removal. 4. It is understood between the parties hereto that the landscaping 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 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 landscaping/hardscapeafter which time the Department may remove the same and any mitigation required for remaining landscape/hardscape shall be the responsibility of the AGENCY. 5. The Department agrees to reimburse the AGENCY an amount not to exceedS1&%V -, as defined in Attachment "C". Subject to this limit, the Department will pay only for the following costs: (a) Sprinkler/irrigation system (b) Plant materials and fertilizers/soil amendments. Ki • (c) Paver bricks, header curbs & other hardscape items. The Department's participation in the project cost, as described in Attachment "C" is limited to only those items which are directly related to this project. Payment shall not be made until (1) certif cation of acceptance is received from the AGENCY's Landscape Architectlor designee and (2) a. Department Landscape Architect and/or his designee has approved the project for final payment. (a) Payment shall be made only after receipt and approval of goods and services as provided in Section 215.42, Florida Statutes. (b) Any penalty for delay in payment shall be in accordance with Section 215.422(3xb), Florida Statutes. (c) Bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof, and bills for travel expenses specifically authorized by this Agreement, if any, shall be submitted and paid in accordance with the rates specified in Section 112.061, Florida Statutes. (d) Records of costs incurred under terms of this Agreement shall be maintained and made available upon request to the Department at all tithes during the period of this Agreement and for three years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred includes the AGENCY's general accounting records, togs with supporting documents and records, of the contractor and all subcontractors performing work, and all other records of the contractor and subcontractors considered necessary by the Department for a proper audit of costs. (e) The AGENCY agrees to return all monies received under the terms of this Agreement, to the Department, should the landscaped area fail to be maintained in accordance with the terms and conditions of this Agreement. 6. This Agreement may be terminated under any one of the following conditions: (a) By the Department, if the AGENCY fails to perform its duties under Pdragraph 3, 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. . 7. The term of this Agreement commences upon execution. 4 8. To the extent permitted by law, the AGENCY shall indemnify and hold harmless the Department, its officers and employees from all suits, actions, claims and liability arising out of the AGENCY's negligent performance of the work under this Agreement, or due to the failure of the AGENCY to construct or maintain the project in conformance with the standards described in Section 2 of this agreement. 9. The AGENCY may construct additional landscaping within the limits of the right-of-ways identified as a result of this document, subject to the following conditions: (a) Plans for any new landscapingshall be subject to approval by the Department. The AGENCY shall not change or deviate from said plans without written approval by the Department. (b) All landscaping shall be developed and implemented in accordance with appropriate state safety and road design standards; (c) The AGENCY agrees to Comply with the requirements of this Agreement with regard to any additional landscaping installed; (d) No change will be made in the payment terms established under item number five (5) of this Agreement due to any increase in cost to the AGENCY resulting from the installation of landscaping added under this item. 10. This writing embodies the entire Agreement and understanding between the patties 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. 11. 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 I 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 $25,000.00 and which have a term for a period of more than I year. 12. The Department's District Secretary shall decide all questions, difficulties and disputes of any nature whatsoever that may arise under or by reason of this Agreement, the prosecution or fulfillment of the service hereunder and the character, quality, amount and value thereof; and his decision upon all claims, questions and disputes shall be final and conclusive upon W • • the parties hereto. 13. This Agreement mkv not be assigned or transferred by the AGENCY in whole or part without the consent of the Department. 14. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. In the event of a conflict between any portion of the Agreement and Florida law, the laws of Florida shall prevail. IN WITNESS WHEREOF$ the parties hereto have caused these presents to be executed the day and year first above written. AGENCY STATE OF FLORIDA DEPARTMENT OF TRANSFORT&WQV"�i,- By: �*yor or Chairman Secretary CWT Attest: ( Attest: (S L) own be Executive Sac Legal Approval Legal Approval 6 SECTION NO. FIN NO.(s): COUNTY: S.R. NO.: EXHIBIT "A" 19014„ 6=5fflEd a70 PROJECT LOCATION State Road 870 (Commercial Boulevard) from Rock Island Road to Prospect Road 0 9 SECTION NO.:.8§0,.14- FIN NO.M: COUNTY: S.R. NO.: 870 EXHIBIT "B" The Department agrees to reimburse the AGENCY for the installation of the project as reflected in the plans attached hereto and incorporated herein. 8 SECTION NO:=14 FIN NO.W: COUNTY: ftword S.R. NO.: fi - ATTACHMENT "C" (GENERAL) PROJECT COST This Exhibit forms an integral part of the Highway Beautification Grant Agreement between the State of Florida, Department of Transportation and the AGENCY. 1. PROJECT COST: City of Tarnarao Department of Transportation CA WPOOCIADMIWI08F.IIEI Igvisi.. 0111 OM51 Total 9 Dated $75,996.25 75,958.79 $151-955-0 :OF 7Ai- �QR1�� Jeffrey L. Miller City Manager jeffm@tamaroc.org of Tamarac 7525 N.W. 88th Avenue, Tamarac, Florida 33321-2401 Telephone: (954) 724-1230 • Facsimile (954) 724-2454 July 14, 2000 Mr. Carl Higgins, ASLA Florida Department of Transportation 3400 West Commercial Boulevard Fort Lauderdale, FL 33309 Dear Mr. Higgins: TEMP RESO 9759 EXHIBIT 2 I am pleased to advise you that at its meeting on July 12, 2000, the City of Tamarac Commission approved a resolution postponing the construction of landscaping and irrigation on the medians of Commercial Boulevard between Rock Island Road and Prospect Road until Fiscal Year 2003 as requested by your department. A copy of the approved resolution is attached for your records. The Public Works Project Manager, Jim Berkman will be your contact for this project. Please contact him at (954) 724-1249 should you have any further questions; however, if there should be any problerbs of serious consequence, I expect you to advise me directly and immediately. The City looks forward to working with you on this grant project in the future. Sincerely, Aal� e . Miller City Manager Cc: Raj Verma, Director of. Public Works Lynda Flurry, Purchasing and Contracts Manager Marion Swenson, CMC, City Clerk Anh L. Ton, P.E., F.D.O.T. Project Manager Attachment JLB 5quat opportunity Employer Tp— EK1'U10i� Z- Temp. Reso. # 9068 Page 1 June 19, 2000 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2000--- / F4� A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO REJECT THE AWARD OF BID NO. 00-1813; AUTHORIZING. THE APPROPRIATE CITY OFFICIALS TO POSTPONE CONSTRUCTION OF LANDSCAPING AND IRRIGATION ON THE MEDIANS OF COMMERCIAL BOULEVARD BETWEEN ROCK ISLAND ROAD AND PROSPECT ROAD UNTIL FISCAL YEAR 2003 AS REQUESTED BY THE FLORIDA DEPARTMENT OF TRANSPORTATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, On August 25, 1999,the City Commission of the City of Tamarac passed Resolution R-99-203 accepting a Florida Department of Transportation Highway Beautification Grant in the amount of $75,958.79 and authorized a match of $75,996.25 for the purpose of providing landscaping and irrigation improvements on the medians of Commercial Boulevard between Rock Island Road and Prospect Road; and WHEREAS, the City of Tamarac, on April 23, 2000 and April 30, 2000, publicly advertised Bid No. 00-18B for the installation of landscaping and irrigation on the aforementioned road; and WHEREAS, on May 31, 2000, six (6) bids were opened and reviewed in order to determine cost and responsiveness to the'City's technical specifications; and WHEREAS, on June 16, 2000, the City received notification from the Florida Department of Transportation pertaining to planned road improvements on Commercial Boulevard between the Florida Turnpike and NW 31"Avenue and that said improvements included the reconfiguration of medians and the installation of landscaping and irrigation Temp. Rosa. X 9068 Page 2 June 19, 2000 within the project limits, a copy of said notification is attached hereto as Exhibit "A"; and WHEREAS, said road improvements are expected to begin on or about December of 2001 and be completed on or about October of 2002; and WHEREAS, on June 19, 2000, the Florida Department of Transportation notified the City that, based. upon the aforementioned road improvements, they were willing to defer the City's Highway Beautification Grant Award in the amount of $75,958.79 through December 31, 2003, a copy of said notification is attached hereto as Exhibit "B"; and WHEREAS, the City shall defer the required grant matching funds in the amount of $75,996.25 to Fiscal Year 2003, at which time the City will complete the portions of the Highway Beautification Grant Project that are not included as part of the Florida Department of Transportation Project; and WHEREAS, the Public Works Director and the Purchasing and Contracts Manager recommend the award of bid No. 00-1813 be rejected and the construction of landscaping and irrigation on the medians of Commercial Boulevard between Rock Island Road and Prospect Road be postponed until fiscal year 2003 as requested bythe Florida Department of Transportation; 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 reject the award of bid No. 00-18B and postpone the construction of landscaping and Irrigation on the medians. of Commercial Boulevard between Rock Island Road and Prospect Road until fiscal year 2003 as requested by the Florida Department of Transportation. Temp. Reso. # goes Page 3 June 19, 2000 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. SECTION The appropriate City Officials are HEREBY authorized to reject the award of bid No. 00-1BB for the construction of landscaping and irrigation on the medians of Commercial Boulevard between Rock Island Road and Prospect Road. SECTION 3: The appropriate City Officials are HEREBY authorized to postpone the construction of landscaping and irrigation on the medians of Commercial Boulevard between Rock Island Road and Prospect Road until fiscal year 2003 as requested by the Florida Department of Transportation. SECTION 4: All Resolutions or parts of Resolutions in conflict herewith are HEREBY repealed to the extent of such conflict. SECTION 5: If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Resolutlon that can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are declared to be severable. 1 �J C Temp. Reso. # 9068 Page 4 June 19, 2000 SECTION 6: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this ATTEST: MARION S ENSION, CMC CITY CLERK I HEREBY CERTIFY that I approved this RESOLUTION as to form. MITCHELL S. KkAFT CITY ATTORNEY XA day of ld$-Jl 2000. 0W.WAw..�r: .- RECORD orMMISSION MAYOR BCHRE11IMM .,.,,..,r DW t: COMM. FOMWER 1 DIRT � OOMM. MIAFNtIN..,,, DIET & COW OAXWPM am ow * vim 110"118 EXHIBIT "A" Temp Reso #9068 Florida Department of Transportation 1E13 8['SFI ce,vxlrt.rnrrM,�!l,�rkMp�VT• Dmvirr i GOVERNOR .1100 Wg,{ C,Nxmrrr,d It.xllawanl Yrn IJudLIAIV. Ilnridr :I I:IU� J.1'll Tvl*"'-. 193-11rrr 19.1d1 7r9.w.1 Gmrl wh.w-lhln{.xale.n...r .tune 16, 2000 Mr. Jim Berkman Project Manager City of Tamarac Public Works Department 6011 Nob Hill Road Tamarac, Florida 33321 SUBJECT: Commercial Boulevard Landscaping From East of Turnpike Entrance to N.W. 310 Avenue FM Number 228174-1-52-01 Broward County Dear Mr. Berkman: THOXIAS M. BARRy, jy SECRETARY The Florida Department of Transportation is planning to improve Commercial Boulevard from thew Turnpike entrance to N.W. 31'1 Avenue. As part of this project, the median on Commercial Boulevard will be reconfigured to conform to access management guidelines. Due to the changes in median configurations, I recommend that the City of Tamarac delay the planned landscaping and irrigation construction. The Department will incorporate landscape and irrigation as part of our improvement project. I look forward to working with you to determine the preferred landscaping theme for the project. If car be of farther service, please do not hesitate to call. Sincerely, A L. Ton, P.E. Project Manager cc: W. C&I Iiissins Mr. Gino Charles www.dot.State.fi.us 9 RECYCLEDPAPEA JEs BUSH GOVERNOR Florida Department of Transportation DISTRICT MAINTENANCE . DISTRICT 4 UM West Cemaraehl Beu6wJ. Port U*49rdale, Phuida 33309.3621 Ta6phoau (M 777.42W Pax, (9U) 777.&M June 19, 2000 EXHIBIT "B" Temp Remo 09068 THOMAs F BARRY, JR. SECRETARY Mr. Jim Berkman Public Works Coordinator City of Tamarac 7525 N.W. 88th Avenue Tamarac, Fl. 333 Dear Mr. B RE: Highway eautilication Grant for State Road 870 (Commercial Boulevard) Thank you for meeting with Anh Ton, Roadway project manager, and myself last week. As outlined in Ahn's letter of June 16, 2000 it would be in the City's best interest to wait until the Department has finished the roadway work prior to the starting of the landscaping/irrigation. With this recommendation in mind I have pushed the landscaping/irrigation funding out to 2003. If for some reason this will not.be enough time frame, the Department will be willing to extend the end date again. Should you have any questions, please call be at (954) 777-4219. Thank you. CBH/c Enclosure T. arl B. Higgins, ASLA Landscape. Architect www.dot.stateftus 0 RICYCIEO PAVER . , 0� I FxKti 60 3 Z& Amendment to The Maintenance Memorandum Of Agreement between the State of Florida Department of Transportation and the City of Tamarac Whereas, the Department of Transportation and City of Tamarac, the parties entered in an Agreement on this 17 day of Septen t 192L for the construction and maintenance of a landscapingtirrigation project from Rock Island Road to Prospect Road, funded under Florida Highway Beautification Council Grants Program and District Contract AH62, Whereas, after the execution of this Agreement, it was determined that the Department was to reconstruct portions of Commercial Boulevard and such activities would interfere with the installment of landscaping and irrigation within the project limits; and Whereas, the City of Tamarac and the Department agreed to a suspension of the project on July 12, 2000, until such time as the Department's construction project was completed; and Whereas, the Department incorporated the City's landseapelinigation design into the construction project referenced and desires to amend the contract to provide for the City's acceptance of the project and maintenance responsibilities for same as outlined in the original Agreement and Whereas, the remaining portions of the project limits will remain suspended until such time as the Department's project is completed; and Whereas, upon completion of the Department's projects, the City shall install the landscaping/irrigation in remaining portions of the projects limits and shall maintain same all in accordance with the terms and conditions of the original Agreement; NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is hereby agreed as follows: I . City shall provide the Department with a letter approving the plans for Commercial Boulevard to be constructed under State Project Number 86014-3518, Financial Project Number 228174 15201, which reflect the proposed construction of irrigation and landscaping within the Departments construction project. 2. City agrees that upon final acceptance of the Department's construction project, it shall maintain the landscapinglirrigation in accordance with the terms and conditions of the original Agreement dated September 17, 1999. 3. Upon completion of the Department's construction project, the City shall commence installation of the remaining portion of the Project in accordance with the approved plans and shall maintain the entire project in accordance with the terms of the original Agreement. 4. Except as modified herein, all tents and conditions of the original Agreement dated September 17, 1999, between the Department and the City of Tamarac shall remain in full force and effect. IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature. CITY OF TAMARAC, through its Mayor and State of Florida Department of Transportation (FDOT) signing by and through its District Secretary, duly authorized to execute the same. ATTEST: Marion Sw nson, CMC City Clerk. DATE: —�4& ! CITY OF AMAR,ACC Q BY: ltt"`c"`,, Schreiber, Mayor DATE: Jeffrey L ile , City Manager DATE: ,4-2G-O2 Approya6i� to firm and V DATE: STATE OF FLORIDA DEPARTMENT OF TRANSPORTAF FL4 ATTEST:•: �1 Rick Ch sser, District Secretary DATE: Type/Print Name (SEAL) SECTION NO.: 86014 FM NO.(s): 410956-1-52-01 COUNTY: Broward S.R. NO.: 870 DISTRICT FOUR (4) MAINTENANCE MEMORANDUM OF AGREEMENT THIS AGREEMENT, made and entered into this �_ dayof 20 f� and between the STATE OF FLORIDA DEPARTMENT OF TRAP u 10k!TATION, a component agency of the State of Florida, hereinafter called the DEPARTMENT and the CITY OF TAMARAC, a political subdivision of the State of Florida, existing under the Laws of Florida, hereinafter called the AGENCY. WITNESSETH: WHEREAS, the DEPARTMENT has jurisdiction over State Road 870 as part of the State Highway System; 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 said highway facilities that contain landscaped medians and areas outside the travel way to the right of way line, excluding standard concrete sidewalk, shall be maintained by periodic trimming, cutting, weeding, mowing, fertilizing, litter pick-up, necessary replanting, irrigation repairs, and median concrete replacements as needed; 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 NoA�4_-Aldated fy_, 20, attached hereto and by this reference made a part hereof, desires to enter into this Agreement and authorizes its officers to do so; NOW THEREFORE, for and in consideration of the mutual benefits to flow each to the other, the parties covenant and agree as follows: 1. The recitals set forth above are true and correct and are deemed incorporated herein. 2. The DEPARTMENT hereby agrees to install or cause to be installed landscape, irrigation and/or hardscape on the highway facilities as specified in plans and specifications hereinafter referred to as the Project and incorporated herein as Exhibit B. Hardscape shall mean any non -standard roadway, sidewalk or median surface such as, but not limited to interlocking concrete or brick pavers, stamped asphalt and stamped concrete. 3. The AGENCY agrees to maintain the landscape within the medians and areas outside the travel way to the right of way line by periodic trimming, cutting, mowing, fertilizing, curb and sidewalk edging, litter pickup and necessary replanting, following the DEPARTMENT'S landscape safety and plant care guidelines. The AGENCY'S responsibility for maintenance shall include all landscaped/turfed areas and/or areas covered with interlocking pavers or similar type surfacing (hadscape) within the median and areas within the travel way to the right of way line, including paver sidewalks, paver intersections and all paver header curbs, stamped asphalt and concrete areas. It shall be the responsibility of the AGENCY to restore an unacceptable ride condition of the roadway caused by the differential characteristics of the paver brick and/or the header curb on Department of Transportation right-of-way within the limits of the Project. Such maintenance to be provided by the AGENCY is specifically set out as follows: To maintain, which means the proper watering and fertilization of all plants and keeping them as free as practicable from disease and harmful insects; to properly mulch the plant beds; to keep the premises free of weeds; to mow and/or cut the grass to a proper length; to properly prune all plants which includes (1) removing dead or diseased parts of plants, or (2) pruning such parts thereof which present a visual hazard for those using the roadway. To maintain also means removing or replacing dead or diseased plants in their entirety, or removing or replacing those that fall below original project standards. All plants removed for whatever reason shall be replaced by plants of the same size and grade as specified in the original plans and specifications. To maintain also means to keep the hadscape areas free from weeds and replacement of any areas becoming in disrepair so as to cause 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. Plants shall be those items which would be scientifically classified as plants and include but are not limited to trees, grass, or shrubs. If it becomes necessary to provide utilities to the median or side areas (water/electricity) for these improvements, all costs associated with irrigation maintenance, impact fees and connections, as well as on -going cost of water, are the maintaining agency's responsibility. 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. If at any time after the AGENCY has assumed the landscape installation and/or maintenance responsibility above -mentioned, it shall come to the attention of the DEPARTMENT'S District Secretary that the limits or a part thereof is not properly maintained pursuant to the terms of this Agreement, said District Secretary may at his option issue a written notice that a deficiency or deficiencies exist(s), by sending a certified letter to the AGENCY, to place said Y.k n [.. n; : c alu. H s % 1 of ic, M(?:\, ,k I Wv56 Vwji, ;w coc 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: (a) Maintain the landscape or a part thereof, with DEPARTMENT or contractor's personnel and invoice the AGENCY for expenses incurred, or (b) Terminate the Agreement in accordance with Paragraph 8 of this Agreement and remove, by DEPARTMENT or contractor's personnel, all of the landscape/hardscape installed under this Agreement or any preceding agreements except as to trees and palms and charge the AGENCY the reasonable cost of such removal. 5. It is understood between the parties hereto that the landscape covered by this Agreement may be removed, relocated or adjustedat 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 after which time the DEPARTMENT may remove same. 6. The DEPARTMENT agrees to enter into a contract for the installation of landscape project for an amount not to exceed $_395,801.96 as defined in Exhibit C. The DEPARTMENT'S participation in the project cost, as described in Exhibit C 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 at the end of the contractor's 365 day warranty and establishment period. 7. The AGENCY agrees to reimburse the DEPARTMENT all monies expended for the project, should the landscape/hardscape areas fail to be maintained in accordance with the terms and conditions of this Agreement. 8. 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 Paragraph 3, 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. 9. The term of this Agreement commences upon execution. 3 10. To the extent permitted by law, the AGENCY shall indemnify and, hold harmless the DEPARTMENT, its officers and employees from all suits, actions, claims and liability arising out of the AGENCY'S intentional and/or negligent performance of the work under this agreement, or due to the failure of the AGENCY to maintain the Project in conformance with the standards described in Section 2 of this Agreement, 11. The AGENCY may construct additional landscape/hardscape 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/hardscape shall be subject to approval by the DEPARTMENT. The AGENCY shall not change or deviate from said plans without written approval by the DEPARTMENT. (b) All landscape shall be developed and implemented in accordance with appropriate state safety and road design standards; (c) The AGENCY agrees to comply with the requirements of this Agreement with regard to any additional landscape installed; (d) No change will be made in the payment terms established under item number five (5) of this Agreement due to any increase in cost to the DEPARTMENT resulting from the installation of landscape added under this paragraph. 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 maybe 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 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 1 year. 14. The DEPARTMENT'S District Secretary shall decide all questions, difficulties and disputes +:Main I : it? d;<oA,i.'N 1'1 di1i'l'.. 7,.1(?:�s`,.tili 'Z'i!i 6i /9 (i ([si3i,i ac'.iiriti 4 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. 17. 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 If to the Agencv: City of Tamarac 6011 Nob Hill Road Tamarac, FL 33321-2401 Attention: Jack Strain Public Works Director IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective the day and year first above written. TAMARAC, FLORIDA r Attest: L) Clerk Ap v s t o Date City Atto e DEPARTMENT OF TRANSPORTATION By: District Transportation Development Director Attest: (SEAL) Executive Secretary Approval as to Form Date EXHIBIT A PROJECT LOCATION: SECTION NO.: FM NO.(s): COUNTY: S.R. NO.. 86014 410956-1-52-01. Broward 870 State Road 870 Commercial Boulevard from SR 817 (University Drive) to Prospect Road which includes the limits for FM# 410956-1-52-01 project from Northwest 3 1 " Avenue to Prospect Road. 2 SECTION NO.: FM NO.(s): COUNTY: S.R. NO.: EXHIBIT B 86014 410956-1-52-01 Broward 870 The Department agrees to install the Project with a contractor in accordance with the plans and specifications attached hereto and incorporated herein. Please see attached plans prepared by: Landscape Plans Irrigation Plans: HDR Engineering, Inc. Dated March 10, 2004 Keith and Schnars, Inc. 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I � :�• ju ' e x f I•j� I; :� ` II 1i•I I I � � ti m � jig. z r •.�� , A ,^ �.. " e r m q � l41 � O ... I '7 _'�•GN I, r' � �I�I i `s i � it g 9� � �•� � �� ! ti .. Bi :, � � �I � Ilil: � � tlt N m y 8 i\ R Cii Gi + •I� I x z II p �� x �ai R y1 yJ z 0 III � �, :r i�� � ski , ,• 41 "\• � I�� �. � I I J� �.: ..y i, III ; : . I Ip� 0" i I K �� � aF• I ,i _ illy •f ail .yy. r �I• I I II I i WERUNE ROAD i E r.. ;Q.. _ .. _ ..- .... ..--. _... .. -'` -- - AY OV ! if ,i: r i ill ( d !: c m x m FF � l 7 Vr i i � �r�� �, gy it I,It. "S � •� - � mnc i s tt• ' •till n ;:4 I ..�4_.. K :q m m if e SECTION NO.: FM NO.(s): COUNTY: S.R. NO.: EXHIBIT C PROJECT COST 86014 410956-1-52-01 Broward 870 This Exhibit forms an integral part of the DISTRICT FOUR (4) HIGHWAY MAINTENANCE MEMORANDUM OF AGREEMENT between the State of Florida, Department of Transportation and the AGENCY. Dated: March 10, 2004 I. APPROXIMATE PROJECT COST: 8 $ 395,801.96 i In g oil ewe 04 Ile a Temp Reso. #10479 June 15, 2004 Page 1 of 4 Revision 1 --- 6/30/04 Revision 2 — 7/06/04 Revision 3 — 7/07/04 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2004-Z62 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICALS 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 COMMERCIAL BOULEVARD BETWEEN UNIVERSITY DRIVE AND PROSPECT ROAD; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILTY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, numerous landscape improvement projects have been implemented along Commercial Boulevard, also known as SR870, 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, each of these improvements has be accompanied by a Maintenance Memorandum of Agreement between the FDOT and the City of Tamarac outlining the responsibility of each party relative to installation and maintenance of each Right -of -Way landscaping project; and WHEREAS, the most recent example of these is the Maintenance Memorandum of Agreement between the State of Florida Department of Transportation and the City of Temp Reso. # 10479 June 15, 2004 Pate 2 of 4 Revision I — 6/30/04 Revision 2 -- 7/06/04 Revision 3 — 7/07/04 Tamarac as amended on April 24, 2002 through Resolution R2002-112 providing for maintenance and installation of landscaping on Commercial Boulevard between Rock Island Road and N.W. 315t Avenue hereto attached as Exhibit 1; 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 NW 315t Avenue to Prospect Road as part of their Commercial Boulevard Improvement Project; and WHEREAS, staff has determined that one agreement outlining the responsibilities of the parties relative to the entire project area along Commercial Boulevard will streamline operations by providing for reference to one agreement rather than multiple agreements, ensure consistency and reflect best business practices; and WHEREAS, the District 4 Maintenance Memorandum Agreement attached hereto as Exhibit 2 will provide for the installation of landscape improvements by FDOT along Commercial Boulevard between NW 31 Avenue and Prospect Road, provide for maintenance of this new installation by the City of Tamarac and replace all prior Maintenance Memorandum Agreements between the FDOT and City of Tamarac for the section of Commercial Boulevard between University Drive and Prospect Road; and WHEREAS, the Director of Public Works recommends executing the aforementioned District 4 Maintenance Memorandum of Agreement; and ' Temp Reso. #10479 June 15, 2004 Page 3 of 4 Revision 1 — 6/30/04 Revision 2 — 7/06/04 Revision 3 — 7/07/04 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 of 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 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: 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. 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 2. SECTION 3: All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. Temp Reso. #10479 June 15, 2004 Page 4 of 4 Revision 1 — 6/30/04 Revision 2 -- 7/06/04 Revision 3 — 7/07/04 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, ADOPTED AND APPROVED THIS 14th day of July, 2004. ATTEST: MARION SWENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. �r t-1-N MITG LL CITY ATT EY JOE SCHREIBER MAYOR RECORD OF COMMISSION VOTE: MAYOR SCHREIBER DIST 1: COMM. PORTNER DIST 2: COMM. FLANSBAUM-TALABISCO DIST 3: V/M SULTANOF tl DIST 4: COMM. ROBERTS Temp Reso. # 9759 April 10, 2002 Page 1 Exhibit " 1 " Tem. Reso. No. 10479 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2002-112 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN AMENDMENT TO THE MAINTENANCE MEMORANDUM OF AGREEMENT BETWEEN THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND THE CITY OF TAMARAC; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Tamarac entered into an agreement with the State of Florida Department of Transportation on September 17, 1999 through Resolution R-99-203, as attached in Exhibit 1" for the purpose of constructing and maintaining a landscaping and irrigation project along Commercial Boulevard from Rock Island Road to Prospect Road, funded through the Highway Beautification Council Grants Program; and WHEREAS, following the execution of the aforementioned agreement, the State of Florida Department of Transportation proposed the upgrade of landscaping and irrigation located on Commercial Boulevard from the Florida Turnpike to NW 315t Avenue as part of their Commercial Boulevard Improvement Project; and WHEREAS, on July 12, 2000, the FDOT and the City of Tamarac agreed to suspend the original project until such time as the reconstruction project could be completed through Resolution R-2000-186, hereto attached as Exhibit "2"; and WHEREAS, the reconstruction project will incorporate the original landscape and irrigation design and maintenance requirements as approved by both parties as a part of the original agreement; and Temp Reso. # 9759 April 10, 2002 Page 2 WHEREAS, the FDOT has requested that an amendment to the original Maintenance Memorandum of Agreement with the State of Florida Department of Transportation for the construction and maintenance of a landscaping and irrigation project executed on September 17, 1999; and WHEREAS, the Project Manager and Director of Public Works recommend executing the amendment to the original Maintenance Memorandum of Agreement with the State of Florida Department of Transportation for the construction and maintenance of a landscaping and irrigation project executed on September 17, 1999; 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 amendment with the State of Florida Department of Transportation to 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. SECTION 2: The appropriate City officials are HEREBY authorized to execute the amendment entitled "Amendment to the Maintenance Memorandum of Agreement between the State of Florida Department of Transportation and the City of Tamarac", hereto attached as Exhibit "3". SECTION 3: All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. Temp Reso. # 9759 April 10, 2002 Page 3 SECTION 4: If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not effect other provisions or application, and to this end the provisions of this resolution are declared to be severable. SECTION 5: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED, AND APPROVED this 24t" day of April, 2002. L EST: MARION &S-ON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this Rr<c-UTION as to form., KCMELL S. KF CITY ATTORN 1 r RECORD OF COMMISSION VOTE: MAYOR SCHREIBER �. DIST 1: V/M. PORTNER—&Y-�. DIST 2: COMM. MISHKIN g DIST 3: COMM. SULTANOF—I�_ DIST 4: COMM. ROBERTS—EYE . .... Temp Reso. # 9759 April 10, 2002 Page 1 Exhibit "1" Tem. Reso. No. 10479 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2002-112 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN AMENDMENT TO THE MAINTENANCE MEMORANDUM OF AGREEMENT BETWEEN THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND THE CITY OF TAMARAC; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Tamarac entered into an agreement with the State of Florida Department of Transportation on September 17, 1999 through Resolution R-99-203, as attached in Exhibit " 1" for the purpose of constructing and maintaining a landscaping and irrigation project along Commercial Boulevard from Rock Island Road to Prospect Road, funded through the Highway Beautification Council Grants Program; and WHEREAS, following the execution of the aforementioned agreement, the State of Florida Department of Transportation proposed the upgrade of landscaping and irrigation located on Commercial Boulevard from the Florida Turnpike to NW 315t Avenue as part of their Commercial Boulevard Improvement Project; and WHEREAS, on July 12, 2000, the FDOT and the City of Tamarac agreed to suspend the original project until such time as the reconstruction project could be completed through Resolution R-2000-186, hereto attached as Exhibit "2"; and WHEREAS, the reconstruction project will incorporate the original landscape and irrigation design and maintenance requirements as approved by both parties as a part of the original agreement; and Temp Reso. # 9759 April 10, 2002 Page 2 WHEREAS, the FDOT has requested that an amendment to the original Maintenance Memorandum of Agreement with the State of Florida Department of Transportation for the construction and maintenance of a landscaping and irrigation project executed on September 17, 1999; and WHEREAS, the Project Manager and Director of Public Works recommend executing the amendment to the original Maintenance Memorandum of Agreement with the State of Florida Department of Transportation for the construction and maintenance of a landscaping and irrigation project executed on September 17, 1999; 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 amendment with the State of Florida Department of Transportation to 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. SECTION 2: The appropriate City officials are HEREBY authorized to execute the amendment entitled "Amendment to the Maintenance Memorandum of Agreement between the State of Florida Department of Transportation and the City of Tamarac", hereto attached as Exhibit "3". SECTION 3: All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. 1 Temp Reso. # 9759 April 10, 2002 Page 3 SECTION 4: If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not effect other provisions or application, and to this end the provisions of this resolution are declared to be severable. SECTION 5: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED, AND APPROVED this 241" day of April, 2002. ATTEST: MARION SWENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form.. MITCHELL S. KF CITY ATTORN 1 WE- v M ky, I-, .- RECORD OF COMMISSION VOTE: MAYOR SCHREIBER rove' DIST 1: V/M. PORTNER fly„_, DIST 2: COMM. MISHKIN rover DIST 3: COMM. SULTANOF_AXer DIST 4: COMM. ROBERTS- Aye. TEMP RESO 9759 EXHIBIT 1 Temp. Reso. #8721 August 11, 1999 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-99 - A03 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, ACCEPTING THE FLORIDA DEPARTMENT OF TRANSPORTATION, HIGHWAY BEAUTIFICATION GRANT IN THE AMOUNT OF $75,958.79 AND AUTHORIZING A MATCH FROM THE CITY IN THE AMOUNT OF $75,996.25, FOR A TOTAL PROJECT COST OF $151,955.04 TO PROVIDE LANDSCAPE AND IRRIGATION IMPROVEMENTS ALONG COMMERCIAL BOULEVARD BETWEEN ROCK ISLAND ROAD AND PROSPECT ROAD; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF TAMARAC AND THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE HIGHWAY BEAUTIFICATION GRANT FUNDS; APPROVING A TRANSFER FROM THE GRANTS MATCHING ACCOUNT IN THE AMOUNT OF $75,996.25; AMENDING THE ANNUAL GRANTS FUND BUDGET OF ESTIMATED REVENUES AND EXPENDITURES IN THE AMOUNT OF $75,958.79; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Tamarac desires to enhance landscape beautification within the City of Tamarac; and WHEREAS, on January 27, 1999, the City Commission of the City of Tamarac passed Resolution R-99-18 authorizing the appropriate City officials to apply for grant funding from the Florida Department of Transportation under their Highway Beautification program in the amount of $75,000, and authorized a City match of $75,000, to provide landscape and irrigation improvements along Commercial Boulevard between Rock Island Road and Prospect Road; and WHEREAS, the City of Tamarac, pursuant to prior agreements, is responsible for maintaining the public rights -of -way on Commercial Boulevard between Rock Island Road and Prospect Road; and Temp. Reso. 08721 August 11,1999 Page 2 WHEREAS, the City of Tamarac received notification from the Florida Department of Transportation that the grant application in the exact amount of $75,958.79 is approved; and WHEREAS, matching City funds in the exact amount of $75,996.25 are available in the General Fund budget for said purpose; and WHEREAS, it is the recommendation of the City Manager, Director of Public Works and the Assistant Director of Public Works that the grant in the amount of $75,958.79 from the Florida Department of Transportation be accepted, and the match of $75,996.25 from the City be approved; 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 accept the Florida Department of Transportation Highway Beautification Grant in the amount of $75,958.79 and approve the match from the City in the amount of $75,996.25 for landscape and irrigation improvements along Commercial Boulevard between Rock Island Road and Prospect Road. 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. Section : The Florida Department of Transportation Highway Beautification Grant in the amount of $75,958.79 for landscape and irrigation improvements along University Drive and Commercial Boulevard is HEREBY accepted. Sec Aim : The City of Tamarac match in the amount of $75,996.25 for a total project cost of $151,955.04 shall come from the account entitled "Grants - Matching Funds." Temp. Reso. 98721 August 11,1999 Page 3 Section 4: A budget transfer in the amount of $75,996.25 from Grants Fund account entitled, "Grants — Matching Funds" to Grants Fund account entitled, "Landscaping and Irrigation" is HEREBY approved for correct accounting standards. Section 5: The City Commission authorizes the appropriate City Official to amend the Grants Fund budget in the amount of $75,958.79 and appropriate said funds including any and all subsequent budgetary transfers to be in accordance with proper accounting standards. Section-6: The appropriate City officials are HEREBY authorized to execute the required documents for the acceptance of the grant from the Florida Department of Transportation, attached hereto as EXHIBIT "A". Section 7: All resolutions or parts of resolutions in conflict herewith are HEREBY repealed to the extent of such conflict. Section 8: 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 application, it shall not affect the validity of the remaining portions or applications of this Resolution. Section 9: This Resolution shall become effective immediately upon its passage and adoption. 1 Temp. Reso. #8721 August 11,1999 Page 4 PASSED, ADOPTED AND APPROVED this .5 6 day of ,1999. ATTEST: CAROL GOLD, C6CJAAE CITY CLERK I HEREBY CERTIFY that I have Approved this RESOLUTION qs to form ffCHELL'S. KR) ITY ATTORNEY MAYOR0, j* ad e I W��w M� FAe�E C `HR E rof E - 'W RECORD OF COMMISSION MAYOR SCHREIBER____._.__._ L DISTI: COMM. PQRTNERL DIST 2: V M MISHKIN DIST & COMM. SULTAN0R DIST 4: COMM. ROBEi TB �O�Nl Florida Department of Transportation O V RNO R (:ADISTRIC�'T INIMNTr-NANCE - DISTRICT 4 V F.RNO 34W Veae Commwdal Boulevard. For! Lauderdale. FloriJe 33309.3421 T.l.pkon.. (954) 77742W Faxi MA 777.4223 October 13, 1999 Mr. Jim Berkman Public Works Coordinator City of Tamarac 7525 N.W. 88th Avenue THOMAS F. BARRY. JR. SECRETARY Tamarac, FL 33321 Dear Mr. Be RE: Maintenance Memorandum of Agreement for SR 870 (Commercial Boulevard) Enclosed is a copy of the executed Maintenance Memorandums for subject area. Please use this letter as your Notice to Proceed. Upon completion of the project it will be necessary for the City to submit a single invoice, along with the paid bills that support the invoice, to the Department for reimbursement. In the letter of transmittal please state that the project was constructed in compliance with the plans and that this is the final invoice. Should you have any question, please call me at (954) 777-4219. Thank you. JIM: As previously discussed with you, the Department has a road feature realignment project for a portion of this project. Please contact me prior to the start of any work so that we may effectively coordinate the efforts of the City and the Department. Thank you. CBWc Enclosure Sincerely, r Carl B. iggins, Landscape Architect www.dot.state.fi.us G RECYCLEDPAPEF1 rWiIBIT "A" TEMP RESO 118721 DISTRICT FOUR (4) MAINTENANCE MEMORANDUM OF AGREEMENT HIGHWAY BEAUTIFICATION GRANT FOR 1999-2000 THIS AGREEMENT, made and entered into this day o .19q1, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTANOX,a component agency of the State of Florida, hereinafter called the "DEPARTMENT" and theQtLaf Tamarac a political subdivision of the State of Florida, existing under the Laws of Florida, hereinafter called the "AGENCY". 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 aajj,(6�_lane 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 said highway facility that contains landscape medians and areas outside the travel way to the right of way line, excluding sidewalk, shall be maintained by periodic trimming, cutting, mowing, fertilizing, litter pick-up and necessary replanting; 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.A2--A.V.$dated91 194� attached hereto and by this reference made a part hereof, desires to enter into this Agreement and authorizes its officers to do so; NOW THEREFORE, for and in consideration of the mutual benefits to flow each to the other, the parties covenant and agree as follows. The AGENCY hereby agrees to install or cause to be installed landscaping on the highway facility as specified in plans and specifications included as Exhibit "B", with if any, the following exceptions and conditions: A. The current Florida of Department of Transportation Roadway and Traffic Design Standard index 546 must be adhered to, B. Clear zone/horizontal clearance as specified in the Plans Preparation Manual - Metric Volume 1, Chapter 2 must be adhered to as outlined on relevant sheets in Exhibit D. C. Landscaping shall not obstruct roadside signs or permitted outdoor advertising signs. D. If irrigation is to be installed, the Department shall be provided accurate as built plans of the system so if in the future there is a need for the Department to perform work in the area, the system can be accommodated as much as possible, E. If it becomes necessary to provide utilities to the median or side areas ( water/electricity) it shall be the AGENCY'S responsibility to obtain a permit for such work though the local maintenance office F. During the installation of the project and future maintenance operations, maintenance of traffic shall be in accordance with the 1988 edition of the MUTCD and the current Department Roadway and Traffic Design Standards (series 600), G. The AGENCY shall provide the local maintenance office located at 5548 NW 9th Avenue, Ft. Lauderdale, F1.33309 twenty-four (24) telephone number and the name of a responsible person that the department may contact, H. If there is a need to restrict the normal flow of traffic it shall be done on off peak hours (9AM to 3PM), I .The AGENCY shall be responsible to clear all utilities within the project limits L The AGENCY shall notify the local maintenance office forty-eight (48) hours prior to the start of the project, 2. The AGENCY agrees to maintain the landscaping and irrigation (if applicable) within the median and areas outside the travel way to the right of way line, excluding sidewalk and crosswalks, unless constructed with other than concrete or asphalt at the AGENCY'S request, by periodic trimming, cutting, mowing, fertilizing, litter pickup and necessary replanting, following the Department's landscape safety and plant care guidelines. The AGENCY's responsibility for maintenance shall include all landscape/turfed areas and areas covered with interlocking pavers or similar type surfacing (hardscape) within the median, crosswalks, and areas outside the travel way to the right-of-way line on Department of Transportation right-of-way within the limits of the Project. Such maintenance to be provided by the AGENCY is specifically set out as follows: To maintain, which means the proper watering and proper fertilization of all plants and keeping them as free as practicable from disease and harmful insects; to properly mulch the plant beds; to keep the premises free of weeds; to mow and/or cut the grass to a proper length; to properly prune all plants which includes (1) removing dead or diseased parts of plants, or (2) pruning such parts thereof which present a visual hazard for those using the roadway. To maintain also means removing or replacing dead or diseased plants in their entirety, or removing or replacing those that fall below original project standards. All plants removed for whatever reason shall be replaced by plants of the same size and grade as specificd in the original plans and specifications. To maintain also means to keep the hardscape areas free from weeds and replacement of any areas becoming in disrepair so as to cause a safety hazard. To maintain also means to keep the header curbs that contain the hardscape in optimum condition. To maintain also means to keep litter removed from the median and areas outside the travel way of the right of way line. Plants shall be those items which would be scientifically classified as plants and include but are not limited to trees, grass, or shrubs. 0 The above named functions to be performed by the AGENCY, shall be subject to periodic inspections by the Department. Such inspection findings will be shared with the AGENCY and shall be the basis of all decisions regarding payment reduction, reworking or agreement termination. The AGENCY shall not change or deviate from said plans without written approval of the Department. 3. If at any time after the AGENCY has assumed the landscaping installation and/or maintenance responsibility above -mentioned, it shall come to the attention of the Department's District Secretary that the limits or a part thereof is not properly maintained pursuant to the terms of this Agreement, said District Secretary may at his option issue a written notice that a deficiency or deficiencies exist(s), by sending a certified letter to the AGENCY to place said AGENCY on notice thereof. Thereafter the AGENCY shall have a period of thirty (30) calendar days within which to correct the cited deficiencies. If said deficiencies are not corrected within this time period, the Department may at its option, proceed as follows: (a) Complete the installation or part thereof, with Department or Contractor's personnel and deduct the cost of such work from the final payment for said work or part thereof, or (b) Maintain the landscaping or a part thereof, with Department or Contractor's personnel and invoice the AGENCY for expenses incurred, or (c) Terminate the Agreement in accordance with Paragraph 6 of this Agreement and remove, by Department or private contractor's personnel, all of the landscaping installed under this Agreement or any preceding agreements except as to trees and palms and charge the AGENCY the reasonable cost of such removal. 4. It is understood between the parties hereto that the landscaping 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 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 landscaping/hardscapeafter which time the Department may remove the same and any mitigation required for remaining landscape/hardscape shall be the responsibility of the AGENCY. 5. The Department agrees to reimburse the AGENCY an amount not to exceed$75,2�8.79 , as defined in Attachment "C". Subject to this limit, the Department will pay only for the following costs: (a) Sprinkler/irrigation system (b) Plant materials and fertilizers/soil amendments. 3 (c) Paver bricks, header curbs & other handscape items. The Department's participationin the project cost, as described in Attachment "C" is limited to only those items which are directly related to this project. Payment shall not be made until (1) certification of acceptance is received from the AGENCY's Landscape Architect/or designee and (2) a Department Landscape Architect and/or his designee has approved the project for final payment. (a) Payment shall be made only after receipt and approval of goods and services as provided in Section 215.42, Florida Statutes. (b) Any penalty for delay in payment shall be in accordance with Section 215.422(3)(b), Florida Statutes. (c) Bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof, and bills for travel expenses specifically authorized by this Agreement, if any, shall be submitted and paid in accordance with the rates specified in Section 112.061, Florida Statutes. (d) Records of costs incurred under terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for three years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred includes the AGENCY's general accounting records, together with supporting documents and records, of the contractor and all subcontractors performing work, and all other records of the contractor and subcontractors considered necessary by the Department for a proper audit of costs. (e) The AGENCY agrees to return all monies received under the terms of this Agreement, to the Department, should the landscaped area fail to be maintained in accordance with the terms and conditions of this Agreement. 6. This Agreement may be terminated under any one of the following conditions: (a) By the Department, if the AGENCY fails to perform its duties under Paragraph 3, 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. 7. The term of this Agreement commences upon execution. 4 8. To the extent permitted by law, the AGENCY shall indemnify and hold harmless the Department, its officers and employees from all suits, actions, claims and liability arising out of the AGENCY's negligent performance of the work under this Agreement, or due to the failure of the AGENCY to construct or maintain the project in conformance with the standards described in Section 2 of this agreement. 9. The AGENCY may construct additional landscaping within the limits of the right-of-ways identified as a result of this document, subject to the following conditions: (a) Plans for any new landscaping shall be subject to approval by the Department. The AGENCY shall not change or deviate from said plans without written approval by the Department. (b) All landscaping shall be developed and implemented in accordance with appropriate state safety and road design standards; (c) The AGENCY agrees to comply with the requirements of this Agreement with regard to any additional landscaping installed; (d) No change will be made in the payment terns established under item number five (5) of this Agreement due to any increase in cost to the AGENCY resulting from the installation of landscaping added under this item. 10. 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. 11. 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 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 $25,000.00 and which have a term for a period of more than 1 year. 12. 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 W LA 17J the parties hereto. 13. This Agreement ma.y not be assigned or transferred by the AGENCY in whole or part without the consent of the Department. 14. 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 Agreement and Florida law, the laws of Florida shall prevail. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day and year first above written. AGENCY By: om-eld"l ayor or Chairman STATE OF FLORIDA DEPARTMENT OF TRANSPORTFF By: o district Secretary Q M'oFYa+�`'� Attest: h (S AL) Executive Sec Legal Approval 6 SECTION NO. FIN NO.(s): COUNTY: S.R. NO.: EXHIBIT "A" 014 Brows d 87o PROJECT LOCATION State Road 870 (Commercial Boulevard) from Rock Island Road to Prospect Road L� 11 SECTION NO.: 86014 FIN NO.M: COUNTY: toward S.R. NO.: 870 I*:1IV, 11.131dakya The Department agrees to reimburse the AGENCY for the installation of the project as reflected in the plans attached hereto and incorporated herein. 8 SECTION NO:86014 FIN NO.W: COUNTY: Broward _ S.R. NO.: ATTACHMENT "C" (GENERAL.) PROJECT COST This Exhibit forms an integral part of the Highway Beautification Grant Agreement between the State of Florida, Department of Transportation and the AGENCY. I, PROJECT COST: City of Tamarac Department of Transportation CAWPOWAOMiMOSP-RE1 (revision 0111 WS51 Total z Dated 0151,955-04 $75,996.25 75,958.79 s1.l.955.04 pF TA" City of Tamarac 7525 N.W. 88th Avenue, Tamarac, Florida 33321-2401 Telephone: (954) 724-1230 • Facsimile (954) 724-2454 Jeffrey L. Miller City Manager jeffm@tamoroc.org July 14, 2000 Mr. Carl Higgins, ASLA Florida Department of Transportation 3400 West Commercial Boulevard Fort Lauderdale, FL 33309 Dear Mr. Higgins: TEMP RESO 9759 EXHIBIT 2 I am pleased to advise you that at its meeting on July 12, 2000, the City of Tamarac Commission approved a resolution postponing the construction of landscaping and irrigation on the medians of Commercial Boulevard between Rock Island Road and Prospect Road until Fiscal Year 2003 as requested by your department. A copy of the approved resolution is attached for your records. The Public Works Project Manager, Jim Berkman will be your contact for this project. Please contact him at (954) 724-1249 should you have any further questions; however, if there should be any problems of serious consequence, t expect you to advise me directly and immediately. The City looks forward to working with you on this grant project in the future. Sincerely, e . Miller City Manager Cc: Raj Verma, Director of Public Works Lynda Flurry, Purchasing and Contracts Manager Marion Swenson, CMC, City Clerk Anh L. Ton, P.E., F.D.O.T. Project Manager Attachment JLB Equal Opportunity Employer T2 q 7 517 Temp. Reso. # 9068 Page 1 June 19, 2000 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2000-LF4 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO REJECT THE AWARD OF BID NO. 00-1813; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO POSTPONE CONSTRUCTION OF LANDSCAPING AND IRRIGATION ON THE MEDIANS OF COMMERCIAL BOULEVARD BETWEEN ROCK ISLAND ROAD AND PROSPECT ROAD UNTIL FISCAL YEAR 2003 AS REQUESTED BY THE FLORIDA DEPARTMENT OF TRANSPORTATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, On August 25, 1999, the City Commission of the City of Tamarac passed Resolution R-99-203 accepting a Florida Department of Transportation Highway Beautification Grant in the amount of $75,958.79 and authorized a match of $75,996.25 for the purpose of providing landscaping and irrigation improvements on the medians of Commercial Boulevard between Rock Island Road and Prospect Road; and WHEREAS, the City of Tamarac, on April 23, 2000 and April 30, 2000, publicly advertised Bid No. 00-18B for the installation of landscaping and irrigation on the aforementioned road; and WHEREAS, an May 31, 2000, six (6) bids were opened and reviewed in order to determine cost and responsiveness to the City's technical specifications; and WHEREAS, on June 16, 2000, the City received notification from the Florida Department of Transportation pertaining to planned road improvements on Commercial Boulevard between the Florida Turnpike and NW 31"Avenue and that said improvements included the reconfiguration of medians and the installation of landscaping and irrigation Temp. Reso, # 9068 Page 2 June 19, 2000 within the project limits, a copy of said notification is attached hereto as Exhibit "Am, and WHEREAS, said road improvements are expected to begin on or about December of 2001 and be completed on or about October of 2002; and WHEREAS, on June 19, 2000, the Florida Department of Transportation notified the City that, based upon the aforementioned road improvements, they were willing to defer the City's Highway Beautification Grant Award in the amount of $75,958.79 through December 31, 2003, a copy of said notification is attached hereto as Exhibit "B"; and WHEREAS, the City shall defer the required grant matching funds in the amount of $75,996.25 to Fiscal Year 2003, at which time the City will complete the portions of the Highway Beautification Grant Project that are not included as part of the Florida Department of Transportation Project; and WHEREAS, the Public Works Director and the Purchasing and Contracts Manager recommend the award of bid No. 00-18B be rejected and the construction of landscaping and irrigation on the medians of Commercial Boulevard between Rock Island Road and Prospect Road be postponed until fiscal year 2003 as requested by the Florida Department of Transportation; 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 reject the award of bid No. 00-18B and postpone the construction of landscaping and irrigation on the medians of Commercial Boulevard between Rock Island Road and Prospect Road until fiscal year 2003 as requested by the Florida Department of Transportation. Temp. Reso. # 9068 Page 3 June 19, 2000 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. SECTION 2: The appropriate City Officials are HEREBY authorized to reject the award of bid No. 00-18B for the construction of landscaping and irrigation on the medians of Commercial Boulevard between Rock Island Road and Prospect Road. SECTION 3: The appropriate City Officials are HEREBY authorized to postpone the construction of landscaping and irrigation on the medians of Commercial Boulevard between Rock Island Road and Prospect Road until fiscal year 2003 as requested by the Florida Department of Transportation. SECTION 4: All Resolutions or parts of Resolutions in conflict herewith are HEREBY repealed to the extent of such conflict. SECTION 5: If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Resolution that can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are declared to be severable. 1 fI ,L 1 SECTION 6: passage and adoption. Temp. Reso. # 9068 Page 4 June 19, 2000 This Resolution shall become effective immediately upon its PASSED, ADOPTED AND APPROVED this ATTEST: MARION S ENSION, CIVIC CITY CLERK I HEREBY CERTIFY that I approved this RESOLUTION as to form. Ad c� MITCHELL S. KftAFT CITY ATTORNEY 1A day of911-4-11 2000. JOE SCHREIBER MAYOR RECORD OF COMMISSION MAYOR SCHREIBER....._ DIST t: COMM. PORTNER DEBT & COMM. Me" � DIET & OWL SIAMW. DW +: VIM NOW ...� JEB BUSH GOVERNOR June 16, 2000 L� Florida Department of Transportation CUV.r'1:crnrr N,�.I.wra1l?�'r • ta1.rrIr{er I :II04 Wvfl C..annvrr+al 1Su111vr4n1 Fnrl {,Iuderddc. Florida :1:1:1(I!Iti1.t:1 Tvlvphuua- (751) 777-111..1 F. f'J.S.II 7, 7..Id3.1 &mrl mh.umd►dnr.�ple.11.m Mr. Jim Berkman Project Manager City of Tamarac Public Works Department 6011 Nob Hill Road Tamarac, Florida 33321 SUBJECT: Commercial Boulevard Landscaping From East of Turnpike Entrance to N. W. 3 1 " Avenue F.M Number 228174-1-52-01 Broward County Dear Mr. Berkman: EXHIBIT "A" Temp Reso #9068 THOMAS F. 3.1RRy,1 t. SECRETARY The Florida Department of Transportation is planning to improve Commercial Boulevard from the Turnpike entrance to N.W. 31" Avenue. As part of this project, the median on Commercial Boulevard will be reconfigured to conform to access management guidelines. Due to the changes in median configurations,) recommend that the City of Tamarac delay the planned landscaping and irrigation construction. The Department will incorporate landscape and irrigation as part of our improvement project. 1 look forward to working with you to determine the preferred landscaping theme for the project. If car be of further service, please do not hesitate to call. Sincerely, A L. Ton, P.E. Project Manager rc: Mr. Carl Higgins htr. Gino Charirs www.dot.statefl.us ® RECYCIEO PAPER JEB; BUSH GOVERNOR 4 0�lm Florida Department of Transportation DISTRICT" MAINTENANCE - DISTRICT 4 3400'West Com:-ovi-1 Boulsv*A Fort lauderJ&I,. Fl"s 33309-3421 T.l.p6nri (954) 777.4200 Fax, (9U) 777.4223 June 19, 2000 Mr. Jim Berkman Public Works Coordinator City of Tamarac 7525 N.1_...,, . . Tamarac Dear Mr. RR: E . EXHIBIT "B" Temp Reso #9068 THOMAS E BARRY, JR, SECRETARY Grant for State Road 870 (Commercial Boulevard) Thank you for meeting with Anh Ton, Roadway project manager, and myself last week. As outlined in Ahn's letter of June 16, 2000 it would be in the City's best interest to wait until the Department has finished the roadway work prior to the starting of the landscaping/irrigation. With this recommendation in mind I have pushed the landscaping/irrigation funding out to 2003. If for some reason this will not be enough time frame, the Department will be willing to extend the end date again. Should you have any questions, please call be at (954) 777-4219. Thank you. CBH/c Enclosure 7Sinc y arl B. Hi ,ggins, ASLA Landscape Architect wwwAot.state,fLus Q RECYCLED PAPER -rl_ gn59 Fx h� 4i 4 3 Amendment to The Maintenance Memorandum Of Agreement between the State of Florida Department of Transportation and the City of Tamarac Whereas, the Department of Transportation and City of Tamarac, the parties entered in an Agreement on this 17 day of September 199, 9 for the construction and maintenance of a landscapingtirrigation project from Rock Island Road to Prospect Road, funded under Florida Highway Beautification Council Grants Program and District Contract A1462, Whereas, after the execution of this Agreement, it was determined that the Department was to reconstruct portions of Commercial Boulevard and such activities would interfere with the installment of landscaping and irrigation within the project limits; and Whereas, the City of Tamarac and the Department agreed to a suspension of the project on July 12, 2000, until such time as the Department's construction project was completed; and Whereas, the Department incorporated the City's landscape/irrigation design into the construction project referenced and desires to amend the contract to provide for the City's acceptance of the project and maintenance responsibilities for same as outlined in the original Agreement; and Whereas, the remaining portions of the project limits will remain suspended until such time as the: Department's project is completed; and Whereas, upon completion of the Department's projects, the City shall install the landscaping/irrigation in remaining portions of the projects limits and shall maintain same all in accordance with the terms and conditions of the original Agreement; NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is hereby agreed as follows: l , City shall provide the Department with a letter approving the plans for Commercial Boulevard to be constructed under State Project Number 8601443518, Financial Project Number 228174 15201, which reflect the proposed construction of irrigation and landscaping within the Departments construction project. 2. City agrees that upon final acceptance of the Department's construction project, it shall maintain the landscapinglirrigation in accordance with the terms and conditions of the original Agreement dated September 17, 1999. 3. Upon completion of the Department's construction project, the City shall commence installation of the remaining portion of the Project in accordance with the approved plans and shall maintain the entire project in accordance with the terms of the original Agreement. 4. Except as modified herein, all terms and conditions of the original Agreement dated September 17, 1999, between the Department and the City of Tamarac shall remain in full force and effect. IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature. CITY OF TAMARAC, through its Mayor and State of Florida Department of Transportation (FDOT) signing by and through its District Secretary, duly authorized to execute the same. ATTEST: Marion Sw nson, CIVIC City Clerk. DATE: ATTEST: ar.`" 4-,Y -,e Type/Print Name (SEAL) CITY OF TAMAR,AACC� Q f �, j BY: � "`-"'�' t4;—:, ` e Schreiber, Mayor DATE: 42 ` . C7 2 Z Jeffrey L Ile , City Manager DATE: 4-2 -07 Approye Tad to form and Mit el . Kraft,(�-7rs or ey DATE: STATE OF FLORIDA DEPARTMENT OF TRANSPORTAT �, o Rick Ch sser, District Secretary DATE: 'S �` SECTION NO.: 86014 FM NO.(s): 410956-1-52-01 COUNTY: Broward S.R. NO.: 870 DISTRICT FOUR (4) MAINTENANCE MEMORANDUM OF AGREEMENT THIS AGREEMENT, made and entered into this I— day of 20Pby and between the STATE OF FLORIDA DEPARTMENT OF TRANSt R.TATION, a component agency of the State of Florida, hereinafter called the DEPARTMENT and the CITY OF TAMARAC, a political subdivision of the State of Florida, existing under the Laws of Florida, hereinafter called the AGENCY. WITNESSETH: WHEREAS, the DEPARTMENT has jurisdiction over State Road 870 as part of the State Highway System; 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 said highway facilities that contain landscaped medians and areas outside the travel way to the right of way line, excluding standard concrete sidewalk, shall be maintained by periodic trimming, cutting, weeding, mowing, fertilizing, litter pickup, necessary replanting, irrigation repairs, and median concrete replacements as needed; 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 ILL 20_0�, attached hereto and by this reference made a part hereof, desires to enter into this Agreement and authorizes its officers to do so; 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. The DEPARTMENT hereby agrees to install or cause to be installed landscape, irrigation and/or hardscape on the highway facilities as specified in plans and specifications hereinafter referred to as the Project and incorporated herein as Exhibit B. Hardscape shall mean. any non-standard roadway, sidewalk or median surface such as, but not limited to interlocking concrete or brick pavers, stamped asphalt and stamped concrete. 3. The AGENCY agrees to maintain the landscape within the medians and areas outside the travel way to the right of way line by periodic trimming, cutting, mowing, fertilizing, curb and sidewalk edging, litter pickup and necessary replanting, following the DEPARTMENT'S landscape safety and plant care guidelines. The AGENCY'S responsibility for maintenance shall include all landscaped/turfed areas and/or areas covered with interlocking pavers or similar type surfacing (hardscape) within the median and areas within the travel way to the right of way line, including paver sidewalks, paver intersections and all paver header curbs, stamped asphalt and concrete areas. It shall be the responsibility of the AGENCY to restore an unacceptable ride condition of the roadway caused by the differential characteristics of the paver brick and/or the header curb on Department of Transportation right-of-way within the limits of the Project. Such maintenance to be provided by the AGENCY is specifically set out as follows: To maintain, which means the proper watering and fertilization of all plants and keeping them as free as practicable from disease and harmful insects; to properly mulch the plant beds; to keep the premises free of weeds; to mow and/or cut the grass to a proper length.; to properly prune all plants which includes (1) removing dead or diseased parts of plants, or (2) pruning such parts thereof which present a visual hazard for those using the roadway. To maintain also means removing or replacing dead or diseased plants in their entirety, or removing or replacing those that fall below original project standards. All plants removed for whatever reason shall be replaced by plants of the same size and grade as specified in the original plans and specifications. To maintain also means to keep the hardscape areas free from weeds and replacement of any areas becoming in disrepair so as to cause 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. Plants shall be those items which would be scientifically classified as plants and include but are not limited to trees, grass, or shrubs. If it becomes necessary to provide utilities to the median or side areas (water/electricity) for these improvements, all costs associated with irrigation maintenance, impact fees and connections, as well as on -going cost of water, are the maintaining agency's responsibility. 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. If at any time after the AGENCY has assumed the landscape installation and/or maintenance responsibility above -mentioned, it shall come to the attention of the DEPARTMENT'S District Secretary that the limits or a part thereof is not properly maintained pursuant to the terms of this Agreement, said District Secretary may at his option issue a written notice that a deficiency or deficiencies exist(s), by sending a certified letter to the AGENCY, to place said AGENCY on notice thereof Thereafter the AGENCY shall have a period of thirty (30) calendar days within which to correct the cited deficiencies. if said deficiencies are not corrected within this time period, the DEPARTMENT may at its option, proceed as follows: (a) Maintain the landscape or a part thereof, with DEPARTMENT or contractor's personnel and invoice the AGENCY for expenses incurred, or (b) Terminate the Agreement in accordance with Paragraph 8 of this Agreement and remove, by DEPARTMENT or contractor's personnel, all of the landscape/hardscape installed under this Agreement or any preceding agreements except as to trees and palms and charge the AGENCY the reasonable cost of such removal. 5. It is understood between the parties hereto that the landscape 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 after which time the DEPARTMENT may remove same. 6. The DEPARTMENT agrees to enter into a contract for the installation of landscape project for an amount not to exceed $ 395,801.96 as defined in Exhibit C. The DEPARTMENT'S participation in the project cost, as described in Exhibit C 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 at the end of the contractor's 365 day warranty and establishment period. 7. The AGENCY agrees to reimburse the DEPARTMENT all monies expended for the project, should the landscape/hardscape areas fail to be maintained in accordance with the terms and conditions of this Agreement. 8. 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 Paragraph 3, 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. 9. The term of this Agreement commences upon execution. 3 10. To the extent permitted by law, the AGENCY shall indemnify and hold harmless the DEPARTMENT, its officers and employees from all suits, actions, claims and liability arising out of the AGENCY'S intentional and/or negligent performance of the work under this agreement, or due to the failure of the AGENCY to maintain the Project in conformance with the standards described in Section 2 of this Agreement. 11. The AGENCY may construct additional landscape/hardscape 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/hardscape shall be subject to approval by the DEPARTMENT. The AGENCY shall not change or deviate from said plans without written approval by the DEPARTMENT. (b) All landscape shall be developed and implemented in accordance with appropriate state safety and road design standards; (c) The AGENCY agrees to comply with the requirements of this Agreement with regard to any additional landscape installed; (d) No change will be made in the payment terms established under item number five (5) of this Agreement due to any increase in cost to the DEPARTMENT resulting from the installation of landscape added under this paragraph. 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 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 I year. 14. The DEPARTMENT'S District Secretary shall decide all questions, difficulties and disputes 4 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. 1.5. 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. 17. 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 If to the A enc City of Tamarac 6011 Nob Hill Road Tamarac, FL 33321-2401 Attention: Jack Strain Public Works Director IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective the day and year first above written. TAMARAC, FLORIDA DEPARTMENT OF TRANSPORTATION Mayor District Transportation Development Director B � 4. City anager Attest: L) Clerk rov �s to Form Date i' citAtto&f6y Attest: Executive OF a x o 1* OF Tfk ` Approval as to Form Date EXHIBIT A PROJECT LOCATION: SECTION NO.: FM NO.(s): COUNTY: S.R. NO.. 86014 410956-1-52-01 Broward 870 State Road 870 Commercial Boulevard from SR 817 (University Drive) to Prospect Road which includes the limits for FM# 410956-1-52-01 project from Northwest 3 1 " Avenue to Prospect Road. 6 SECTION NO.: FM NO.(s): COUNTY: S.R. NO.. EXHIBIT B 86014 410956-1-52-01 Broward 870 The Department agrees to install the Project with a contractor in accordance with the plans and specifications attached hereto and incorporated herein. Please see attached plans prepared by: Landscape Plans Irrigation Plans: HDR Engineering, Inc. Dated March 10, 2004 Keith and Schnars, Inc. 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'•`� � 41 L_ 9I Q I POWERUNE ROAD - Qj e � r If) Ln °nm n a 1 li Jf Jl I w m o O �w b �� ro85p O .� 5 �� m SECTION NO.: FM NO.(s): COUNTY: S.R. NO.: EXHIBIT C PROJECT COST 86014 410956-1-52-01 Broward 870 This Exhibit forms an integral part of the DISTRICT FOUR (4) HIGHWAY MAINTENANCE MEMORANDUM OF AGREEMENT between the State of Florida, Department of Transportation and the AGENCY. Dated: March 10 2004 I. APPROXIMATE PROJECT COST: $ 395,801.96 a a U N a y O N a U N C td O tl C u p N E U U Z a CO Q U L 0 co O n rn c a No Text Florida Department of Transportation JEB BUSH PLANNING AND ENVIRONMENTAL ABREU GOVERNOR MANAGEMENT - DISTRICT' 4 SEC SECRETARY SF.("RF.TARY 3400 West Conunercial Boulevard Dort Lauderdale, F1 33309-3421 Telephone: (954) 777-4601 Fax: (954) 777-4310 August 10, 2004 CID Fr: Fri Mr. Jack Strain City of 'Tamarac c.:> Public Works" 6001 Nob Hill Road_' Tamarac, FL 3 3 3 21-2401 Dear Mr. Strain, RE:Highway Maintenance Memorandum of Agreement (MOA) for State Road 870 (Commercial Boulevard) from Rock Island Road to Prospect Road Enclosed is a copy of the executed Maintenance Memorandum of Agreement for the landscape improvements to State Road 870 for State Financial Project Number 410956-1-52-01. If you have any questions or need further information, please contact me at (954) 777-4219. Thank you for your cooperation and assistance in this matter. CC: V. Sharma, File Sincerely, Elisabeth A. Hassett, R.L.A. FDOT District 1V Landscape Architect www.dot.state.fl.us