HomeMy WebLinkAboutCity of Tamarac Resolution R-99-203Temp. Reso. #8721
August 11, 1999
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-99 - aqo3
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. #8721
August 11, 1999
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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 2: 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.
Section 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."
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Temp. Reso. #8721
August 11, 1999
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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.
PASSED, ADOPTED AND APPROVED this 5 " day of
ATTEST:
CAROL GOLD, C /AAE
CITY CLERK
I HEREBY CERTIFY that I have
Approved this RESOLUTION gs to form
HELLS. KRj
ATTORNEY
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Temp. Reso. #8721
August 11, 1999
Page 4
L,ae-, 1999.
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FeltES;CMIEIBER,
�a
MAYOR
RECORD OF COMMISSION
MAYOR SCHREIBER
DIST 1: COMM.
DIST 2: VLM Mir
DIST 3: COMM.
DIST 4: COMM•
Florida Department of Transportation
JEB OV BUSHGOVERNORDISTRICT NUUNTENANI C1 - DISTRICT 4
3400 We+F Commercial Boulevard, Fork L. udeedale, r-loriJa 33309-3421
Telephone: (954) 777-4200 Fax: (954) 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. Ber
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.
CBfFc
Enclosure
C:
Sincerely,
r.
Carl B. iggins,
Landscape Architect
www.dot.stete.fl.us ® RECYCLED PAPER
iMIBIT "A"
TEMP RFSO #8721
DISTRICT FOUR (4)
MAINTENANCE MEMORANDUM OF AGREEMENT
HIGHWAY BEAUTIFICATION GRANT FOR 1999-2000
THIS AGREEMENT, made and entered into this day o a25- q 19, by and between
the STATE OF FLORIDA DEPARTMENT OF TRANSPORTA ON, a component agency of
the State of Florida, hereinafter called the "DEPARTMENT" and theCity of Tamarac_-
a political subdivision of the State of Florida, existing under the Laws of Florida, hereinafter called
the "AGENCY".
WIT
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 ix 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. Olated 6919g9,
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)
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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
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 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
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
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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$75,958.79 ,
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.
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• (c) Paver bricks, header curbs & other handscape 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)
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.
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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 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 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
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the parties hereto.
13. This Agreement may 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:
ayor or Chairman
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STATE OF FLORIDA
DEPARTMENT OF TRANSPORT Ft
O - Z
By: m 0
District Secretary p
Attest:(SEAL)
Executive Secrttalry
Legal Approval
SECTION NO.
FIN NO.(s):
COUNTY:
S.R. NO.:
EXHIBIT "A"
86014
Broward
870
PROJECT LOCATION
State Road 870 (Commercial Boulevard) from Rock Island Road to Prospect Road
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0.04all 1.31l IIm
SECTION NO.: 86014
FIN NO.W:
COUNTY: Broward
S.R. NO.: 87Q
The Department agrees to reimburse the AGENCY for the installation of the project as
reflected in the plans attached hereto and incorporated herein.
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SECTION NO:86014
FIN NO.(s):
COUNTY: Broward
S.R. NO.: 870
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
Total
CAWPOOC\AOMIMOSFAE1 Irevision 07/10/95)
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Dated
$151,955..04,..,
$75,996.25
75,958.79
$1.51.955.04
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