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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)