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HomeMy WebLinkAboutCity of Tamarac Resolution R-89-1691 2 3 4 5 6 9 10 11 12 13 14 15 16 17 18 1 2 21 22 23 24 25 26 27 28 29 30 31 33 35 Temp. Reso. #5460 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R--89-- 61 A RESOLUTION AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR MAINTENANCE 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 maintenance 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 / T day of , 1989. ATTEST: CAROL A. EVANS� CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. 1 a— o 22�� RICHARD DOODY CITY ATTORNEY NORMAN ABRAMOWITZ MAYOR _J�> RECORD u, �,UiVCIL VOTE MAYOR ABRAMOWITZ 4 -,?,4 e DISTRICT 1: C/M ROHR DISTRICT 2: C/M STELZER DISTRICT 3: C/M HOFFMAN DISTRICT 4: V/M BENDER. TAMARAC MAINTENANCE MEMORANDUM OF AGREEMENT THIS AGREEMENT, made and entered into this 1`4 day of 1989 , by and between the STATE OF FLORIDA DEPAM797 OF THANSFURTATIUN, a component agency of the State of Florida, hereinafter called the "DEPARTMENT" and the CITY OF TAMARACK 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 constructed and does maintain G lane (CRASS MEDIAN DIVIDED ) highway facilities as described in Exhi ib t 'TA" attached hereto and incorp6rated by reference herein, within the corporate limits of THE CITY and WHEREAS, the CITY is of the opinion that said highway facilities that contain an sca a median and utility stripes shall be maintained by periodic trimming, cutt n , mow n fertilizing, itter pick up and necessary re- anon . 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. $ j—/ w 9 dated i , a ac a ereto and by this reference mace 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 convenant and agree as follows: 1. The CITY OF TAMARAC shall perform the following standards in a reasonable -manner and wit all due care. The hereby agree s-to maintain the lantin s, following the Department's an sca e 2uidelines, sa et and plantcare._—Me it s r±s.onsibilily for maintenance shall nc u e all landscapedand or turfed areas on Department of Trans—P-6-rtatior r t-o -wa w t the limits of the Project. Such maintenance to be provided t e t is s eci ica set out as o ows• To maintain, Which means that ro er waterin an ro er fertilizatiFn of all plants and Keeping-thent as free 4s practicable from disease -and harmful insects -; to Proper mulch t e plant -beds- P the Dremises free of wee s; o mow and/Fr-cut t e grass o a PrODer n t ; to proe e1 rune a ants Which nc u es re 'moving ea or diseasedarts oplants, or ru-nlnq Such ts thereof w c resent a v sua azard for those using the roa wa o mainta n a so means removin or replacing 2ea or diseased plants In ter en ire or removin or re acinR those that 7751 below original pro ec s an ar s, All plants removed foe whatever reason -shall ba re ace ants of the same qra a as specified im e or na ans and spec, scat ons and of a size com ara e o those existin a e time approval -is obtained rom t o a artment s tstrict 5ecretary for the use of alternate materia r e etions. o main din also means tokeep litter—removefrom the me an strt or an sca a areas within e sa ro ec an s s a e t those items w is be sc I en t i f ica c assi ie as lants and include Fut are not imtte to trees, rass.,, ors ru s. -1- The above named functions to be performed by the CITY , shall be subject to periodic inspections by the Department. ' uc inspection findings will be shared with the CITY and shall be the basis of all decisions regarding, reworking or agreement termination. 2. If at any time after the CITY OF TAMARAC has assumed the maintenance responsibility above -mentioned, it shall come to the attention of the Department's Deputy Assistant Secretary that the limits or a part thereof is not properly maintained pursuant to the terms of this Agreement, said Deputy Assistant Secretary may at his option issue a written notice that a deficiency or deficiencies exist(s), by sending a certified letter in care of M MAYOR , to place said CITY on notice thereof. Thereafter the CITY shall have a perio 0 thirty (30) calendar days within wh c .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 landscaping or a part thereof, within Department or Contractor's personnel and invoice the City for expenses incured, or (b) Terminate Agreement in accordance with Paragraph 4 of this Agreement and remove, by Department or private contractor's personnel, all of the landscapin2 installed under this Agreement or any preceding agreements except as to Trees and Palms and charge the CITY the reasonable cost o suc removal. 3. It is understood between the parties hereto that the qround cover shrubs, trees and Palms covered by this Agreement may be removed, re ocate or adjusted at any t me 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 mate —Ma a ter which time the Department may remove same. 4. This Agreement may be terminated under any one of the following conditions: • (a) By the Department, if the CITY fails tD perform its duties under Paragraph 1, o ow ng ten (10) days written notice. (b) By the Department, for refusal by the CITY to allow public access to all documents, papers, etters, or other material subject to the provisions of Chapter 119, Florida Status and made or received by the CITY in conjunction with.this agreement. 5. The term of this Agreement commences upon execution. 6. To the extent permitted by law, the CITY shall indemnify and hold harmless the Department, its o cers an employees from all suits, actions, claims and liability arising out of the CITY negligent performance of the work under this agreement, or due to t e failure of the ..C.ity� to construct and maintain the project in conformance with the standarrs^described in item under 1 of this agreement. 7. 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. A-81-010 8. The Department's Deputy Assistant tecretary 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. 9. This Agreement may not be assigned or transferred by the CIW in while or part without consent of the Department. 10. This Agreement shall be governed by an 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. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day and year first above written. DOT Approval as to ate Form and Legality • 0-3- STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY: epu y Assisfanf Secretary ATTEST: (SEAL) Executive ecretary AGENCY: City of Tamarac BY: `�L ramawatz, Mayor Al BY ATTEST ��� (SEAL) Caxol A. Evans,' City Clerk A 11 Job No. - WPI No. County SR No. RAMPLE ATTACHMTMf A Locations P• FROM THE WEST SIDE OF NOR'l7ST 64 AVENUE MP# TO THE EAA',SIDE OF UNIVERSITY-ZRIVE MP# ©pb - S E E ATTACHMENT 0 NOTE: Mileposts (MP) are obtained from Department of Transportation Straight Line Diagrams. �-sq•l69 WATER z r ANINI ILL MAIt�LTEwAL'JLE r.Ds1 BASED ON 5 WATERINGS THE FIRST YEAR DURING DROUGHT PERIODS ONLY. QUA14TITY BASED CAN NUMBER GALLONS FOR ONE COMPLETE WATERING AS PER ESTABLISHMENT PERIOD 271402 GALLONS 6 WATERINGS X 27,402 GAL.= 164,412 GALLONS (BASED'ON $2.65 PER THOU.) 164.412M GAL. 2 $2.65 ANNUAL COST AFTER ESTABLISHMENT PERIOD $435.00 6 MAN CREW @ $7.50 PER HR . PLUS 1.3OX (FRINGE BENEFITS) 22 DAYS 11 7 HOURS PER DAY EQUALS 154 IIA14 POWER HOURS 154 HOURS X $7.50 PER HOUR EQUALS $1,155.00 PLUS 1.30% ($15.00) EQUALS $1,170.00 I.I,170.00 X 6 MEN = IRRIGATION SYSTEM (EXISTING) REPLACEMENT PARTS LANDSCAPE AREAS rI L 3 hIAN CREW @ $7.50 PER HR . PLUS i-SOX (FRINGE BENEFITS) 52 WEEKS 111 10 14OURS PER WEEK EQUALS 520 MAN POWER HOUR: 520 HOURS X $7.50 PER HOUR EQUALS S-3900.00 PLUS 1.30X ($51.00) = $3951.00 13951 .00 X 3 MEN $436_aa I=L—ofj 111E.53-0h R- 81- 169 WDIE�- 10 HOURS= 4 HRS. GRASS GUTTING 5 HRS. BEDS & TREES 1 HR. INSPECTION FERTILIZER 52,665 SO. FT. MEDIAN 53 X 25 LBS. PER GAG EQUALS 1,325 LBS. 11325 DIVIDED BY 25 = 53 BAGS 53 BAGS -0 $10.00 PER BAG EQUALS S 530.00 2 APPLICATIONS PER YEAR = c-0,aO_Qa IDIAL AbU11AL MAIp(IENAb10E COSZ2Q864_QQ