HomeMy WebLinkAboutCity of Tamarac Resolution R-89-1681
2
3
4
5
M
Temp. Reso. #5459
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-89- ling
A RESOLUTION AUTHORIZING THE APPROPRIATE CITY
OFFICIALS TO EXECUTE AN AGREEMENT WITH THE FLORIDA
DEPARTMENT OF TRANSPORTATION FOR LANDSCAPING OF
COMMERCIAL BOULEVARD MEDIAN FROM UNIVERSITY DRIVE
TO NORTHWEST 64 AVENUE; AND PROVIDING AN EFFECTIVE
DATE.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC,
FLORIDA:
SECTION 1: That the appropriate City officials are
hereby authorized to execute an agreement with the Florida
Department of Transportation for landscaping of Commercial
Boulevard median from University Drive to Northwest 64
Avenue, a copy of said agreement being attached hereto as
"Exhibit 1".
SECTION 2: This Resolution shall become effective upon
adoption.
PASSED, ADOPTED AND APPROVED this lt)�- day of94--�, 1989.
ATTEST:
CAROL A. EVANS
CITY CLERK
I HEREBY CERTIFY that I have
approved this RESOLUTION as
to form.
qi Lp, ��� —
RICHARD DOODY
CITY ATTORNEY
r
NORMAN ABRAMOWITZ
MAYOR
RECORD Or uUUNCIL VOTE
MAYOR ABRAMOWITZ.
DISTRICT 1:
C/M ROHR
DISTRICT 2:
C/M STELZER
DISTRICT 3:
C/M HQFFMAN
DISTRICT 4:
V/M BENDER
TAMARAC
L�
HIGHWAY BEAUTIFICATION GRANT
MEMORANDUM OF AGREEMENT
THIS AGREEMENT, made and entered into this / -at,day of
19 _L% by and between the STATE OF FLORIDA DEPARTMENT RANSPORTA , 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 CITY ".
W I T N E S S E T H
WHEREAS, as a 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 created roadside areas/median strips on the
highway facilities outlined in Attachmet "A" within the corporate limits of the
CITY OF TAMARAC and
WHEREAS, the CITY is of the opinion that said highway
facilities that contain rasse me cans/utilit strips shall be landscaped with
various s ecies of groun_coverfanon s, shrubs, trees and palms
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 CITY of TAMARAC by Resolution No. 9'9- /6 9 dated
, 19 89 attacheatfached hereto andly this reference made a par�heeof,
esires to enter into this Highway Beautification Grant 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 conversant and agree as follows:
1. The CITY shall install landscaping on the highway facilities
outlined in Attachment as specified in plans and specifications included as
Attachment "B" with the following exceptions:
All EXISTING S11RUBS_5M AM " OF EXISTING FILL SHALL BE REMOVED PRIOR TO
The landascape installation to be performed by the CITY , shall be
subject to periodic inspections by the Department. uc nspection rindings
will be shared with the CITY of TAMARACand shall be the basis of all decisions
regarding payment reduction" n, reworc�in'g or agreement termination. The
shall not change or deviate from said plans without written approval by
DEPARTMENT.
Z. If at any time after the CITY has assumed the landscaping
intallation responsibility above-mentione3t-TIF-M-7 come to the attention of
the Department's District Secretary that the installation is not being performed
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 in care of NORMAN ABRAM Tz, MAYOR
1
0
E
is
CITY OF TAMARAC, 5725 N.W. 88 .AVE, TAMARAC, FL. to pl ace said CITY
on notice thereof. erea ter the shallhave a period
o t rty calendar days within which to correct�t a cited deficiences. If
said deficiencies are not corrected within this time period, the Department may
at its option, proceed as follows:
(a) Complete the installation or a part thereof, within Department or
contractor's personnel and deduct the cost of such work from the
final payment for said work or part thereof, or
(b) Teenate Agreement in accordance with Paragraph 5 of this
Agreement and remove, by Department or private contractor's
personnel, all the landscaping installed under this Agreement or
any preceding agreements except as to turf grass and charge the
CITY for the reasonable cosTof such removal.
3. 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
adjacent state road be widened, altered or otherwise changed to meet with future
criteria or planning of the Department. The CITY shall be given
sixty (60) calendar days notice to remove said an scaping a ter which time the
Department may remove said landscaping.
4. The Department agrees to pay to the CITY the total sum of
7 or 50% of the total project cost as definedn ttachment "C",
whichever in less. Subject to this limit, the Department will pay only for
those costs which are allowed by Section 339.2405(11) Florida Statutes:
(a) Sprinkler/irrigation system (purchase and installation)
(b) Plant materials and fertilizers/soil amendments
c equipment and labor
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. The 50% payment shall not be made until (1) certification of
acceptance is received from the Landscape Architect; (2) the
Highway Beautification Council has inspected or waived its inspection rights of
the project; and (3) a Department Landscape Architect and 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(2) (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 that bills for travel expenses
specifically authorized by this Agreement 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 general
accounting records, together with supporting documents and
records, of the CITY and all subcontractors performing
work, and all of er recor s o the and subcontractors
considered necessary by the Department for a proper audit of
costs.
(e) The CITY agrees to return all monies received under the
terms o s rant Agreement, to the Department, should the
landscaped area fail to be maintained in accordance with the
Maintenance Agreement.
2
R p, 1 68
•
0
5. This agreement may be terminated under any one of the following
conditions:
(a) By the Department, if the CITY fails to perform its
duties under Paragraph 2,following ten 0) days written notice.
(b) By the Department, for refusal by the CITY 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 CITY in conjunction
with this agreement.
6. The term of this Agreement commences upon execution.
7. The ciTY covenants and agrees that it will indemnify and hold
harmless DEPARTMENT i R761 l of DEPARTMENT's officers, agents, and employees from
any claim, loss, damage, costs, charge or expense arising out of any act, action
neglect or omission by CITY during the performance of the Agreement,
whether direct or indirect, an whether to any person or property to which
DEPARTMENT or said parties may be subject, except that neither CITY nor any
of its sub -contractors will be liable under this section for damages arising out
of injury or damage to persons or property directly caused or resulting from the
sole negligence of DEPARTMENT or any of its officers, agents or employees.
8. The ITY may construct additional landscaping within the limits
of the right-o -ways 7 entified 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 CITY shall not change or deviate from said
plans without written approval by the Department.
fb) All landscaping shall be developed and implemented in accordance
with appropriate state safety and road design standards;
(c) The CITY agrees to complete, execute and comply with the
requirements of the Department's standard Maintenance Memorandum
of Agreement provided as Attachment "D" to this agreement which
by reference hereto shall be a part hereof;
(d) No change will be made in the payment terms established under
Item number four (4) of this agreement due to any increase in
cost to the CITY resulting from the installation of
landscaping addedidded under this item.
9. 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.
10. The Department's District Secretary shall decide all questions,
difficulties- and disputes of any nature whatsoever that may arise under or by
reason of this Agreement, the prosecution or fulfillment of the service
hereunder and the character, quality, amount and value thereof; and his decision
upon all claims, questions and disputes shall be final and conclusive upon the
parties hereto.
11. This Agreement may not be assigned or transferred by the _ CITY ,
in whole or in part without consent of the Department.
12. This Agreement, regardless of where executed, shall be governed by,
and construed according to the Laws of the State of Florida.
3
R-�9-16s
0
•
IN WITNESS WHEREOF, the parties hereto have caused these presents to be
executed the day and year first above written.
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
BY:
DOT Approval as to Dile District Secretary
4
ATTEST:
(SEAL)
Executive Secretary
(AGECif f Tamarac_
BY: VV'&l0
rman ramowi z, mayor
ATTEST:
Carol perk
R_a9-�68
f
Locations
i
Job N,, .
WPI No. `
County
SR No.
FYAMPLE
ATTACHMENT A
-PI
FROM THE WEST SIDE OF NORTHWEST.64TH AVENUE MP#
TO THE EAST SIDE OF UNIVERSITY' DRIVE MF#
NOTE: Mileposts (MP) are obtained from Department of Transportation
Straight Line Diagrams.
•
0
r�
Job No.
WPI No.
County
SR No.
EXAMPLE
ATTACHMENT B
(Landscape plans and specifications)
LANDSCAPE AND IRRIGATION PLANS AND SPECIFICATION WILL NOT BE AVAILABLE UNTIL
A CONSULTANT IS SELECTED AND THIS SCOPE OF WORK IS COMPLETED.
9-99469
UPI NO. .�
• JOB $!0.._ .� .
r Attachment "C"
(GENERAL)
PROJECT COST
This exhibit forms an.integral part of the -Highway Beautificaticn Grant
Agreement between the State,of Florida, Department of Transportation and
CITY OF TAMARAC dated
w
I. PRO'34CT COST: - $ 60,121.14
r
TOTAL PROJECT COST $ 60,121.14
H. PARTICIPATION:
Public Agency Participation 50 30 060.57 `
In-Kindfl $
Cash () $ .
Department Participation
Prinary (D) ( 50 g;) or w 30,060.5-Wchever is less.
TOTAL PROJECT COST $ 60,121.14
rI
R 8y-Ibs
CI
LJ
Job No. O/ ` JPlr
WPI No.
County
�n
EXAMPLE SR No.
ATTACHMENT D
(A Maintenance Memorandum of Agreement
with additional landscaping provisions)