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HomeMy WebLinkAboutR-2026-031 FDOT MMOA Stirling and Griffin I-95 InterchangesRESOLUTION NO. 2026-031 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A LANDSCAPE MAINTENANCE MEMORANDUM OF AGREEMENT (MMOA) WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) FOR THE PROVISION OF LANDSCAPE IMPROVEMENTS BY THE STATE ON SIX LANDSCAPED STRIPS AND HARDSCAPE AREAS ALONG INTERSTATE 95 (I-95) INTERCHANGE RAMPS OFF STIRLING AND GRIFFIN ROADS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Dania Beach’s Strategic Plan goals include an emphasis on quality of life and making the City an even more attractive destination; and WHEREAS, while a major initiative driving these goals is the Citywide Landscape Master Plan, beautification efforts pursued by the State of Florida and other agencies in partnership with the City also contribute significantly to this aim; and WHEREAS, FDOT’s installation and initial maintenance of new landscaping and hardscape improvements along six sections the I-95 interchange ramps at Griffin and Stirling roads; and WHEREAS, the Maintenance Memorandum of Agreement (“MMOA”), attached as Exhibit “A” and incorporated into this Resolution by this reference, proposed by FDOT calls for the City of Dania Beach to provide landscape and hardscape maintenance to the refurbished areas after an initial 24-month period during which the State would maintain the areas. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the foregoing “WHEREAS” clauses are ratified and confirmed as being true and correct, and they are made a specific part of and incorporated into this Resolution by this reference. Section 2. That the proper City officials are authorized to approve the MMOA, which Agreement is attached as Exhibit “A”, with FDOT for State-provided refurbishing of I-95 interchange ramps landscape and hardscape areas, with the State to provide maintenance during the initial 24-month period after the refurbishing is completed, and the City to provide maintenance thereafter. RESOLUTION #2026-031 2 Section 3. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 4. That this resolution shall become effective ten (10) days after passage and adoption. PASSED AND ADOPTED on March 10, 2026. Motion by Commissioner Lewellen, second by Commissioner Rimoli. FINAL VOTE ON ADOPTION: Unanimous X Yes No Commissioner Lori Lewellen ____ ____ Commissioner Luis Rimoli ____ ____ Commissioner Archibald J. Ryan IV ____ ____ Vice Mayor Marco A. Salvino, Sr. ____ ____ Mayor Joyce L. Davis ____ ____ ATTEST: ELORA RIERA, MMC JOYCE L. DAVIS CITY CLERK MAYOR APPROVED AS TO FORM AND CORRECTNESS: EVE A. BOUTSIS CITY ATTORNEY SECTION: 86070000 COUNTY: BROWARD FM NO: 409354-4-52-01 STATE RD: 9 Page 1 of 21 FLORIDA DEPARTMENT OF TRANSPORTATION, DISTRICT 4 LANDSCAPE MAINTENANCE MEMORANDUM OF AGREEMENT THIS AGREEMENT, made and entered into this ____ day of ___________20____, by and between the DEPARTMENT OF TRANSPORTATION, a component AGENCY of the State of Florida, hereinafter called the DEPARTMENT and the CITY OF DANIA BEACH, a municipal corporation existing under the Laws of the State of Florida, hereinafter called the AGENCY. W I T N E S S E T H: WHEREAS, the DEPARTMENT has jurisdiction over State Road 9 / I-95, part of the State Highway System; and WHEREAS, as the DEPARTMENT is committed to the continual updating of the State Highway System 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”; and WHEREAS, the DEPARTMENT seeks to install and have maintained by the AGENCY certain landscape improvements within the right of way of State Road 9 / I-95, at the interchanges of State Road 848 (Stirling Road) and State Road 818 (Griffin Road), as described within Exhibit "B"; and WHEREAS, the AGENCY is agreeable to maintaining those landscape improvements within the AGENCY'S limits, including plant materials, irrigation system and/or hardscape to the medians and areas outside the traveled way to the right of way line and/or areas within the traveled way that may contain specialty surfacing (concrete pavers, color stamped concrete and color stamped asphalt [also known as patterned pavement]) including any other hardscape (if applicable), but excluding standard concrete sidewalk. The AGENCY agrees that such improvements shall be maintained by periodic mowing, fertilizing, weeding, litter pick-up, pruning, necessary replanting, irrigation repair and/or repair of the median concrete replacements associated with the specialty surfacing (if applicable) as needed; and WHEREAS, it is the intent of the AGENCY and the DEPARTMENT that the AGENCY shall maintain all right of way within the medians, outside the traveled way and improvements made to the traveled way that was made at the request of the AGENCY; 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 202___, attached hereto as Exhibit “F” and by this reference made a part hereof, desires to enter into this Agreement and authorizes its officers to do so. NOW THEREFORE, and in consideration of the mutual benefits to flow each to the other, the parties covenant and agree as follows: SECTION: 86070000 COUNTY: BROWARD FM NO: 409354-4-52-01 STATE RD: 9 Page 2 of 21 1. The recitals set forth above are true and correct and are deemed incorporated herein. 2. INSTALLATION OF FACILITIES The DEPARTMENT shall install or caused to be installed landscape improvements described as: plant materials, irrigation and/or hardscape on the highway facilities substantially as specified in plans and specifications hereinafter referred to as the Project(s) and incorporated herein as referenced in Exhibit "B". Hardscape shall mean, but not be limited to, site furnishings, landscape accent lighting, bike racks, fountain, tree grates, decorative free standing or retaining wall(s) and/or any non-standard roadway, sidewalk, median or crosswalk surfacing, such as, but not be limited to the following: specialty surfacing (concrete pavers, color stamped concrete and color stamped asphalt [also known as patterned pavement]. 3. MAINTENANCE OF FACILITIES (a) The AGENCY agrees to maintain the landscape improvements, as existing and those to be installed, within the physical limits described in Exhibit "A" and as further described in Exhibit "B". The non-standard improvements within and outside the traveled way shall be maintained by the AGENCY regardless if the said improvement was made by the DEPARTMENT, the AGENCY, or others authorized pursuant to section 7, by periodic mowing, pruning, fertilizing, weeding, curb and sidewalk edging, litter pickup, necessary replanting, irrigation system repair and/ or repair of any median concrete replacement associated with specialty surfacing (if applicable) following the DEPARTMENT’S landscape safety and maintenance guidelines, Exhibit "C", the Maintenance Plan. The AGENCY’S responsibility for maintenance shall include all landscaped, turfed and hard- scape areas on the sidewalk or within the medians and areas outside the traveled way to the right-of-way and/or areas within the traveled way containing specialty surfacing. The AGENCY shall be solely responsible for all maintenance and repairs to FDOT sidewalks directly attributable to tree roots or other AGENCY maintained improvements. It shall be the responsibility of the AGENCY to restore an unacceptable ride condition of the roadway caused by the differential characteristics of non-standard traveled way surfacing and the associated header curb and concrete areas (if applicable) on DEPARTMENT right-of-way within the limits of this Agreement. Such maintenance to be provided by the AGENCY is specifically set out as follows: to maintain, which means to properly water and fertilize all plants; to keep them as free as practicable from disease and harmful insects; to properly mulch the planting beds; to keep the premises free of weeds; to mow the turf to the proper height; to properly prune all plants which at a minimum includes: (1) removing dead or diseased parts of plants, (2) pruning such parts thereof to provide clear visibility to signage, permitted outdoor advertising signs (per Florida Statute 479.106), and for those using the roadway and/or sidewalk; (3) preventing any other potential roadway hazards. Plant materials shall be those items which would be scientifically classified as plants including trees, palms, shrubs, groundcover and turf. To maintain also means to remove or replace dead or diseased plants in their entirety, or to remove or replace those that fall below original project standards. Palms shall be kept fruit free year-round. To maintain means to keep the header curbs that contain the specialty surfacing treatment in optimum condition. To maintain it also means to keep the hard-scape areas clean, free from weeds and to repair said hardscape as is necessary to prevent 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. All plants removed for whatever reason SECTION: 86070000 COUNTY: BROWARD FM NO: 409354-4-52-01 STATE RD: 9 Page 3 of 21 shall be replaced by plants of the same species type, size, and grade as specified in the original plans and specifications. Any changes to the original plans shall be submitted by permit application to the DEPARTMENT for review and approval. (b) If it becomes necessary to provide utilities (water/electricity) to the medians or areas outside the traveled way to maintain these improvements, all costs associated with the utilities for the landscape improvements, are the maintaining AGENCY’S responsibility. Including but not limited to: 1. The AGENCY shall be solely responsible for any impact and/or connection fees. 2. The AGENCY shall be responsible for the described ongoing utility costs upon final acceptance of the construction project by the DEPARTMENT and thereafter. The Project is accepted prior to the start of the FDOT Specification 580 Contractor's Plant Establishment Period. 3. The AGENCY shall be responsible for the maintenance of all landscape improvements after the completion of the FDOT Specification 580 Contractor's Plant Establishment Period. (c) The maintenance 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. DEPARTMENT ACCESS TO FACILITIES The DEPARTMENT will periodically need access to various features within the limits of this Agreement. Upon request of the DEPARTMENT, the AGENCY will have 14 calendar days to provide access to the items noted by the DEPARTMENT. This may require temporary or permanent removal of improvements such as hardscape, landscape or other items conflicting with the items to which the Department needs access. Should the Agency fail to remove or relocate items as requested, the Department may: (a) Remove conflicting improvements or any portion thereof. (b) Restore the area with any material meeting Department standards. (c) Restore the improvements at the request and funding of the AGENCY. SECTION: 86070000 COUNTY: BROWARD FM NO: 409354-4-52-01 STATE RD: 9 Page 4 of 21 5. NOTICE OF MAINTENANCE DEFICIENCIES If at any time after the AGENCY has undertaken the responsibility for installation and/or maintenance of the landscape improvements, it comes to the attention of the DEPARTMENT’S District Secretary that the limits, or any part thereof, are not being properly maintained pursuant to the terms of this Agreement, the District Secretary, may at his/her option, issue a certified written notice of existing deficiency or deficiencies to the AGENCY, thereby placing the AGENCY on notice. Thereafter, the AGENCY shall have a period of thirty (30) calendar days to correct the cited deficiencies. If the deficiencies are not corrected within this time period, the DEPARTMENT may, at its option, proceed as follows: (a) Perform maintenance of the AGENCY-installed landscape improvements or any part thereof, using DEPARTMENT or Contractor personnel and invoice the AGENCY for expenses incurred; and/or (b) Remove the landscape improvements, or any part thereof, under this Agreement or any preceding Agreements, using DEPARTMENT or Contractor personnel, and invoice the AGENCY for expenses incurred, and/or (c) Terminate this Agreement in accordance with Paragraph 9 of this Agreement. If the landscape improvements fail to be maintained in accordance with the terms and conditions of this Agreement, the AGENCY shall reimburse the DEPARTMENT for all monies expended by the DEPARTMENT for all monies expended by the DEPARTMENT in order to address the issue of non- compliance. 6. FUTURE DEPARTMENT IMPROVEMENTS It is understood between the parties hereto that the landscape improvements 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 future criteria or planning needs of the DEPARTMENT. The AGENCY shall be given sixty (60) calendar days’ notice to remove said landscape improvements at AGENCY’S expense after which time the DEPARTMENT may remove same. All permits (including tree permits), fees, and any mitigation associated with the removal, relocation or adjustments of these improvements are the maintaining AGENCY’S responsibility. 7. FUTURE AGENCY IMPROVEMENTS The AGENCY may construct additional landscape improvements within the limits of the project rights of ways identified herein, subject to the following conditions: (a) Plans for any new landscape improvements shall be subject to approval by the DEPARTMENT. The AGENCY shall not change or deviate from said plans without written approval by the DEPARTMENT. SECTION: 86070000 COUNTY: BROWARD FM NO: 409354-4-52-01 STATE RD: 9 Page 5 of 21 (b) The AGENCY shall procure a permit from the DEPARTMENT. (c) All landscape improvements shall be developed and implemented in accordance with appropriate state safety and roadway design standards. (d) The AGENCY agrees to comply with the requirements of this Agreement with regard to any additional landscape improvements it chooses to have installed and there will be no cost to the DEPARTMENT. 8. ADJACENT PROPERTY OWNER IMPROVEMENTS The DEPARTMENT may allow an adjacent property owner to construct additional landscape improvements within the limits of the rights of way identified in Exhibit "A" of this Agreement and the AGENCY shall be responsible for maintaining those improvements under this Agreement subject to the following conditions: (e) Plans for any new landscape improvements shall be subject to approval by the DEPARTMENT and shall require a valid permit attached with a letter of consent to said plans by the AGENCY. The plans shall not be changed or deviated from without written approval by the DEPARTMENT and the AGENCY. (f) All landscape improvements shall be developed and implemented in accordance with appropriate state safety and roadway design standards. (g) The AGENCY agrees to comply with the requirements of this Agreement with regard to any additional landscape improvements installed by an adjacent owner. 9. LANDSCAPE IMPROVEMENTS COST The DEPARTMENT agrees to enter into a contract for the installation of the landscape improvements with an estimated amount of $ 136,996.00, as referenced in Exhibit "E". These improvements may be reduced or eliminated at the sole discretion of the DEPARTMENT or due to budgetary constraints of the DEPARTMENT. The DEPARTMENT’S participation in the landscape improvements’ cost, as described in Exhibit "E", is limited to only those items which are directly related to the Landscape improvement plans. a) The AGENCY shall be invited to assist the DEPARTMENT in the final acceptance of the landscape improvements made by the DEPARTMENT at the completion of the installation of the standalone landscape project by the DEPARTMENT and then upon completion of the FDOT Specification 580 Contractor's Plant Establishment Period. 10. AGREEMENT TERMINATION In addition to those conditions otherwise contained herein, this Agreement may be terminated under any one (1) of the following conditions: SECTION: 86070000 COUNTY: BROWARD FM NO: 409354-4-52-01 STATE RD: 9 Page 6 of 21 (a) By the DEPARTMENT, if the AGENCY fails to perform its duties under this Agreement, 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. 11. AGREEMENT TERM a) The term of this Agreement commences upon execution by all parties and shall remain in effect as long as the improvements shall exist, or until this Agreement is terminated by either party in accordance with Paragraph 9. b) If the DEPARTMENT chooses not to implement the landscape improvements described in Exhibit "B", this Agreement becomes void and the original Agreement is reinstated if any. 12. LIABILITY AND INSURANCE REQUIREMENTS a) With respect to any of the AGENCY’S agents, consultants, sub-consultants, contractors, and/or sub-contractors, such party in any contract for the landscape improvements shall agree to indemnify, defend, save and hold harmless the DEPARTMENT from all claims, demands, liabilities, and suits of any nature arising out of, because of or due to any intentional and/or negligent act or occurrence, omission or commission of such agents, consultants and/or subcontractors. The AGENCY shall provide to the DEPARTMENT written evidence of the foregoing upon the request of the DEPARTMENT. It is specifically understood and agreed that this indemnification clause does not cover or indemnify the DEPARTMENT for its own negligence. b) In the event that AGENCY contracts with a third party to provide the services set forth herein, any contract with such third party shall include the following provisions: (1) AGENCY’S contractor shall at all times during the term of this Agreement keep and maintain in full force and effect, at contractor’s sole cost and expense, Comprehensive General Liability with minimum limits of $1,000,000.00 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability and Worker’s Compensation insurance with minimum limits of $500,000.00 per Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability and Worker’s Compensation policy without restrictive endorsements, as filed by the Insurance Services Office and shall name the DEPARTMENT as an additional insured on such policies. (2) AGENCY’S contractor shall furnish AGENCY with Certificates of Insurance of Endorsements evidencing the insurance coverage specified herein prior to the beginning performance of work under this Agreement. (3) Coverage is not to cease and is to remain in full force and effect (subject to cancellation notice) until all performance required of AGENCY’S contractor is completed. All policies must be endorsed to provide the DEPARTMENT with at least thirty (30) days’ notice of SECTION: 86070000 COUNTY: BROWARD FM NO: 409354-4-52-01 STATE RD: 9 Page 7 of 21 cancellation and/or restriction. If any of the insurance coverage will expire prior to the completion of work, copies of renewal policies shall be furnished at least (30) days prior to the date of expiration. 13. E-VERIFY REQUIREMENTS The AGENCY shall: (a) Utilize the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of all new employees hired by the AGENCY during the term of the contract; and (b) Expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. 14. SUPERSEDED AGREEMENTS 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. 15. FISCAL TERMS 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 one (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 one year. 16. DISPUTES 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. 17. ASSIGNMENT This Agreement may not be assigned or transferred by the AGENCY in whole or part without the consent of the DEPARTMENT. SECTION: 86070000 COUNTY: BROWARD FM NO: 409354-4-52-01 STATE RD: 9 Page 8 of 21 18. LAWS GOVERNING 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. The AGENCY agrees to waive forum and venue, and that the DEPARTMENT shall determine the forum and venue in which any dispute under this agreement is decided. 19. NOTICES 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: Florida Dept. of Transportation 3400 West Commercial Blvd. Ft. Lauderdale, FL 33309-3421 Attn: Kaylee Kildare District IV Landscape Manager If to the AGENCY: City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 Attn: Fernando Rodriguez Title: Director of Public Works 20. LIST OF EXHIBITS Exhibit A: Landscape Improvements Maintenance Boundaries Exhibit B: Landscape Improvement Plans Exhibit C: Letter of Commitment Exhibit D: Maintenance Plan for Landscape Improvements Exhibit E: Approximate Cost for Landscape Improvements Exhibit F: Resolution SECTION: 86070000 COUNTY: BROWARD FM NO: 409354-4-52-01 STATE RD: 9 Page 9 of 21 IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective the day and year first above written. CITY OF DANIA BEACH By: _____________________________ Date: _____________ Chairperson / Mayor / City Manager Attest: ___________________________ (SEAL) City Clerk Legal Approval: ____________________ STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: ______________________________ Date: ____________ John P. Krane P.E.(or designee) Director of Transportation Development Attest: ____________________________ (SEAL) Alia Chanel (or designee) Executive Secretary Legal Review: ________________________ Pamela G. Eidelberg (or designee) Assistant General Counsel, District 4 SECTION: 86070000 FM NO: 409354-4-52-01 COUNTY: Broward STATE RD: 9 Page 10 of 21 EXHIBIT A ROADWAY PROJECT LOCATION AND LANDSCAPE IMPROVEMENTS MAINTENANCE BOUNDARIES I. ROADWAY PROJECT LOCATION: SR-9 / I-95 from SR-820 / Hollywood Blvd. (M.P. 2.16 ) to SR-736 / Davie Blvd. (M.P. 10.00) II. LIMITS OF MAINTENANCE FOR LANDSCAPE IMPROVEMENTS FOR DANIA BEACH: State Road 9 / I-95 North and South Bound, On and Off ramps, at the following locations:  State Road 848 Stirling Road Interchange (M.P. 5.174 to M.P. 5.582)  State Road 818 Griffin Road Interchange (M.P. 6.056 to M.P. 6.385) III. LANDSCAPE IMPROVEMENTS MAINTENANCE RESPONSIBILITIES MAP See Map Attached WATER SD SD SD SD SD SD -6.495% -6.853% -6.495% -6.822% -5.049% 5.055% -9.418% -8.699% -4.820%-7.299%-5.980% -6.453% -7.485% -5.848% -36.665% -36.772% J J J J J J J J J J J J J J J J J J C C C C N LEGEND N.T.S. (STIRLING RD) STATE ROAD 848 STATE ROAD 9 (I-95) CITY OF DANIA BEACH LIMIT OF MAINTENANCE BY MP 5.582 END MAINTENANCE MP 5.174 BEGIN MAINTENANCE FDOT RIGHT-OF-WAY, TYP. MAINTENANCE BOUNDARY MAP LANDSCAPE IMPROVEMENTS CITY OF DANIA BEACH A A A A C C C C C C C C A AB B B B B B B B B B B B B B C C C SS SS SS SSSS SS SS BACK FLOW WATER WATER SD SD SD J J J J J J J J J J JJ J J J J J J C C C C WW SS SS SS SSSS SS SS CLR/CI-21 N LEGEND N.T.S. STATE ROAD 9 (I-95) (GRIFFIN RD) STATE ROAD 818 FDOT RIGHT-OF-WAY, TYP. AGENCY RIGHT-OF-WAY, TYP. MP 6.056 BEGIN MAINTENANCE MP 6.385 END MAINTENANCE CITY OF DANIA BEACH LIMIT OF MAINTENANCE BY MAINTENANCE BOUNDARY MAP LANDSCAPE IMPROVEMENTS CITY OF DANIA BEACH A A C C C C C C C C D D C D D D D A A B B B B B B C C C C C C SECTION: 86070000 FM NO: 409354-4-52-01 COUNTY: Broward STATE RD: 9 Page 11 of 21 EXHIBIT B LANDSCAPE IMPROVEMENT PLANS The DEPARTMENT agrees to install the landscape improvements in accordance with the plans and specifications attached hereto and incorporated herein. Please see attached plans prepared by: Firm: Robert Cotleur Cotleur & Hearing Date: October 15, 2025 LANDSCAPE PLANS CITY OF DANIA BEACH LD-31 TO LD-35 LD-40 TO LD-44 LANDSCAPE PLAN LD-31 TO LD-35 LD-40 TO LD-44 LANDSCAPE PLAN SECTION: 86070000 FM NO: 409354-4-52-01 COUNTY: Broward STATE RD: 9 Page 12 of 21 EXHIBIT C LETTER OF COMMITMENT FROM THE CITY OF DANIA BEACH This Exhibit forms an integral part of the DISTRICT FOUR (4) LANDSCAPE MAINTENANCE MEMORANDUM OF AGREEMENT between the DEPARTMENT and the AGENCY. Please see attached SECTION: 86070000 FM NO: 409354-4-52-01 COUNTY: Broward STATE RD: 9 Page 13 of 21 EXHIBIT D MAINTENANCE PLAN FOR LANDSCAPE IMPROVEMENTS This Exhibit forms an integral part of the DISTRICT FOUR (4) LANDSCAPE MAINTENANCE MEMORANDUM OF AGREEMENT between the DEPARTMENT and the AGENCY. Please see attached SECTION: 86070000 FM NO: 409354-4-52-01 COUNTY: Broward STATE RD: 9 Page 14 of 21 MAINTENANCE PLAN Landscape Improvements PROJECT LOCATION(s): SR-9 / I-95 from SR-820 / Hollywood Blvd. (M.P. 2.16 ) to SR-736 / Davie Blvd. (M.P. 10.00) DANIA BEACH LIMITS OF MAINTENANCE: SR-9 / I-95 Interchanges at SR-848 / Stirling Rd. from (M.P. 5.174 to M.P. 5.582) AND SR-818 / Griffin Rd. from (M.P. 6.056 to M.P. 6.385) FM No.: 409354-4-52-01 RLA of Record: Robert Cotleur, RLA Maintaining Agency: City of Dania Beach Date: October 22, 2025 PART I. GENERAL MAINTENANCE REQUIREMENTS AND RECOMMENDATIONS: WATERING REQUIREMENTS Watering is a critical concern for not only the maintenance of healthy plant material but also for observing water conservation practices. The amount of water to apply at any one time varies with the weather, drainage conditions and water holding capacity of the soil. For plant materials that have been established, it is imperative that any mandated water restrictions be fully conformed to on FDOT roadways. Proper watering techniques should provide even and thorough water dispersal to wet the entire root zone but not saturate the soil or overspray onto travel lanes. IRRIGATION SYSTEM The Agency shall ensure there are no roadway overspray or irrigation activities during daytime hours (most notably “rush hour” traffic periods). It is imperative that the irrigation controller is properly set to run early enough that the watering process will be entirely completed before high traffic periods, while adhering to mandated water restrictions. To ensure water conservation, the Agency shall monitor the system for water leaks and the rain sensors to ensure they are functioning properly so that the system shuts down when there is sufficient rainfall. MULCHING Mulch planting beds to prevent weed growth, retain moisture to the plants, protect against soil erosion and nutrient loss, maintain a more uniform soil temperature, and improve the appearance of the planting beds. Do not mound mulch against the trunks of trees, palms, and the base of shrubs to allow air movement which aids in lowering disease susceptibility. Cypress mulch is prohibited on state right of way. SECTION: 86070000 FM NO: 409354-4-52-01 COUNTY: Broward STATE RD: 9 Page 15 of 21 INTEGRATED PLANT MANAGEMENT An assessment of each planting area’s soil is recommended to periodically determine the nutrient levels needed to sustain healthy, vigorous plant growth. Palms, shrubs, trees, and turf areas shall be fertilized in such a manner and frequency to ensure that the plant material remains healthy and vigorously growing. Please be alert to changes in fertilization types per University of Florida, Institute of Food and Agricultural Services (I.F.A.S.) recommendations. Establishment of an integrated pest management program is encouraged to ensure healthy plants, which are free of disease and pests. PRUNING All pruning, and the associated safety criteria, shall be performed according to American National Standard Institute (ANSI) A300 standards and shall be supervised by an International Society of Arboriculture (ISA) Certified Arborist. Pruning shall be carried out with the health and natural growth of plant materials in mind, to achieve the FDOT requirements for maintaining clear visibility for motorists, and provide vertical clearance for pedestrian, bicyclist, and truck traffic where applicable. Visibility windows must be maintained free of view obstructions, and all trees and palms must be maintained to prevent potential roadway and pedestrian hazards. All palms should be kept fruit free. The understory plant materials selected for use within the restricted planting areas (Limits of Clear Sight) are to be mature height in compliance with the FDM Window Detail. Vertical clear zones for vegetation heights over roadways and sidewalks must meet the requirements of the FDOT Maintenance Rating Program (MRP) standards. See Reference pages. The R.L.A. of Record will provide the specific pruning heights for mature or maintained height and spread of all plant material to achieve the design intent shall be noted in Part II, Specific Project Site Maintenance Requirements and Recommendations. STAKING AND GUYING All staking materials are to be removed after one year or as directed by the RLA of Record.). Any subsequent staking and guying activities by the Agency must adhere to FDOT Standard Plans guidelines (See Index 580-001). The Agency shall closely monitor staking and guying attachment materials so that they are securely fastened to avoid potential roadway hazards. TURF MOWING All grassy areas are to be mowed and trimmed with sufficient frequency to maintain a deep, healthy root system while providing a neat and clean appearance to the urban landscape. All turf efforts, mowing, curb/sidewalk edging and turf condition, must at a minimum, meet FDOT Maintenance Rating Program (MRP). LITTER CONTROL The project site shall remain as litter free as practicable. It is recommended to recycle this litter to avoid unnecessary waste by its reuse. Litter removal efforts must meet FDOT Maintenance Rating Program (MRP) standards. WEEDING/HERBICIDE All planting areas shall be maintained as weed free as practicable by enlisting integrated pest management practices in areas specified on the plans and maintaining proper mulch levels. Extreme care is recommended when using a chemical herbicide to avoid overspray onto plant materials. It is the applicator’s responsibility to restore any damage resulting from overspray to the plantings, as per the approved plans. SECTION: 86070000 FM NO: 409354-4-52-01 COUNTY: Broward STATE RD: 9 Page 16 of 21 PLANT REPLACEMENT Plant replacement shall be the same species and specification as the approved plan. Move and replace all plant materials that may conflict with utility relocations and service. Only plants graded Florida #1 or better, per the Florida Department of Agriculture and Consumer Services, Grades and Standards for Nursery Plants are permitted on FDOT roadways. Should it become necessary to change the species, a permit is required from FDOT for approval by the FDOT District Landscape Architect. TREE CELL STRUCTURES Underground tree cells shall be maintained in such a manner as to prolong the life of the structure and prevent potential safety hazards. If the structures fail or become damaged, they shall be replaced with the same type and specification as the approved plan. LANDSCAPE ACCENT LIGHTING Landscape accent lighting shall be maintained in such a manner as to prolong the life of the lighting fixture and prevent potential safety hazards. If the lighting fixtures and their system become damaged, they shall be replaced with the same type and specification as the approved plan. Landscape lighting shall meet requirements for the sea turtle nesting and hatching. HARDSCAPE (SPECIALTY SURFACING) All tree grates and specialty surfacing (if applicable) shall be maintained in such a manner as to prevent any potential tripping hazards and protect damage to the surfacing and tree grates. Final surface tolerance from grade elevations shall, at a minimum, meet the most current FDOT Maintenance Rating Program Handbook for a sidewalk; ADA accessible sidewalk; and FDOT Design Standards for Design, Construction, Maintenance and Utility Operations on The State Highway System. If the specialty surfacing or tree grates become damaged, they shall be replaced with the same type and specification as the approved plan. HARDSCAPE (CONCRETE PAVERS) All concrete pavers (if applicable) shall be maintained in such a manner as to prevent any potential tripping hazards and protect damage to the pavers. Final surface tolerance from grade elevations shall, at a minimum, meet the most current Interlocking Concrete Pavement Institute (ICPI), Guide Specifications for Pavers on an Aggregate Base, Section 23 14 13 Interlocking Concrete Pavers, Part 3.05. If the concrete pavers become damaged, they shall be replaced with the same type and specification as the approved plan. It shall be the responsibility of the AGENCY to maintain all signs located within a non-standard surfacing area. Such maintenance to be provided by the AGENCY shall include repair and replacement of the sign panel, post, and base. HARDSCAPE (NON-STANDARD TRAVELED WAY SURFACING) It shall be the responsibility of the AGENCY to restore an unacceptable ride condition of the roadway, including asphalt pavement (if applicable), caused, or contributed by the installation or failure of non- standard surfacing, and/or the header curb, on the Department of Transportation right of way within the limits of this Agreement. Pavement restoration areas or “patches” will have a minimum length of 10-ft, measured from the edge of the header curb, and a width to cover full lanes for each lane affected by the restoration. SECTION: 86070000 FM NO: 409354-4-52-01 COUNTY: Broward STATE RD: 9 Page 17 of 21 Pavement restoration will be performed in accordance with the most current edition of the FDOT Standard Specifications for Road and Bridge Construction, and the FDOT Design Standards for Design, Construction, Maintenance and Utility Operations on the State Highway System. SITE FURNISHINGS Site furnishing such as Trash Receptacles, Benches, Bollards and Bicycle Racks shall be maintained in such a manner as to prolong the life of the fixture and prevent potential safety hazards. If the fixtures and their overall function and mounting systems become damaged, they shall be replaced with the same type and specification as the approved plan. ARTIFICIAL OUTDOOR TURF/SYNTHETIC GRASS (IF APPLICABLE) Artificial turf, or synthetic grass, shall be maintained in a clean condition and brushed free from the accumulation of debris. Spills and stains must be promptly addressed to prevent permanent discoloration, staining, and/or damage to the surface. Animal waste must be promptly removed and disinfected to prevent staining, odors, and/or compaction through the material. The area should be regularly inspected for infill replacement, signs of wear, tearing, seam separation, or other forms of damage. When such conditions are observed, appropriate remedial action must be taken in a timely manner. The minimal standard of care shall include repairs using seaming tape and adhesive. If damage is significant, professional removal and installation with like-kind synthetic material or sod (live grass) shall be required. MAINTENANCE OF TRAFFIC CONTROL Reference the FDOT website regarding the selection of the proper traffic control requirements to be provided during routine maintenance and / or new installations of this DOT roadway. VEGETATION MANAGEMENT AT OUTDOOR ADVERTISING (ODA) (IF APPLICABLE) To avoid conflicts with permitted outdoor advertising, please reference the State of Florida website regarding the vegetation management of outdoor advertising. This website provides a portal to search the FDOT Outdoor Advertising Inventory Management System Database. The database contains an inventory of outdoor advertising structures, permits and other related information maintained by the Department. Also, reference the Florida Highway Beautification Program website link for Vegetation Management at ODA signs Florida Statutes and Florida Administrative Code related to vegetation management at outdoor advertising sign, permit applications for vegetation management and determining mitigation value of roadside vegetation. TREE GRATES The Agency is required to conduct regular inspections to all Tree grates installed within FDOT right-of- way. The Agency shall inspect the grates to ensure they are free of debris, damage, or uneven surfaces which could potentially create safety or accessibility issues for the public. The Agency shall also inspect the tree grate annually to ensure the tree grate opening is not in conflict with the on-going growth of the tree trunk. Modify the tree grate as needed to account for future growth. SECTION: 86070000 FM NO: 409354-4-52-01 COUNTY: Broward STATE RD: 9 Page 18 of 21 ROOT BARRIERS Periodic visual inspections shall be conducted by the Agency in areas where root barriers have been installed to ensure adjacent facilities are not being impacted. Areas that are noted with early signs of impacts, should have the compromised root barriers removed and replaced with new barriers, root pruning the tree in the process. Additionally, the areas in which barriers have been installed should be inspected to ensure that the roots do not grow over the barrier. Chemical root barriers, while effective, have a more limited lifespan than physical barriers and should be replaced at the end of their manufacturer specified guarantee. PART II. SPECIFIC PROJECT SITE MAINTENANCE REQUIREMENTS AND RECOMMENDATIONS 1. This agreement includes the I-95 interchanges at Stirling Road (north side only) and Griffin Road. The main design intent for each location is primarily to provide a gateway into the City from each of these locations. The approach was to provide low maintenance, xeriscape planting designs on the 4 quadrants of each interchange, between the highway mainline and ramps or tall retaining walls. Tall palms are provided to soften the highway structures such as retaining walls, overhead signs and bridges. All interchanges are impacted by outdoor advertising view zones and in these locations tall palms could not be used so smaller growing species were used instead. Hardy shrub species including Saw Palmetto and Cocoplum are used in masses or hedges to soften the retaining walls. The existing pond in the NW quadrant at Griffin Road will also receive some accent and native tree plantings. The Griffin Road medians are already landscaped and irrigated and there is no irrigation outside of the medians. 2. Canopy Trees are intended to be maintained at their natural height and spread. The only pruning necessary will be to improve branching structure to increase wind resistance and remove dead or diseased wood and this should be completed at a minimum of once per year. 3. Remove suckering growth from base and clear trunk areas for both single and multi-stemmed trees also at a minimum of once per year. 4. To maintain the intended appearance of all palms, apply fertilizer 3 times per year. Utilize the latest palm fertilizer recommended by the University of Florida IFAS Extension and apply per the manufacturer’s specifications. Sabal Palms do not need to be fertilized. 5. To maintain the intended appearance of all shrubs or St. Augustine turf grass, apply fertilizer 3 times per year. Utilize the latest palm fertilizer recommended by the University of Florida IFAS Extension and apply per the manufacturer’s specifications. Areas with Bahia grass do not need to be fertilized. In areas with both palms and shrubs utilize the palm special fertilizer. 6. Do not remove fronds from self-cleaning palms, unless damaged. Palms with persistent fronds shall only have dead fronds removed, do not remove any green fronds. If it is deemed necessary to prune a palm’s fronds, no fronds shall be trimmed above 3 o’clock and 9 o’clock on the horizontal plain. As a general rule Sabal Palms do not need to be pruned but can be, if desired by the city, to improve their appearance. SECTION: 86070000 FM NO: 409354-4-52-01 COUNTY: Broward STATE RD: 9 Page 19 of 21 7. Groundcover and shrub horizontal growth within the Griffin Road medians shall be maintained to prevent foliage from growing beyond the limits of the planting areas shown on the plan. When located within roadway medians, maintain shrubs and groundcovers a minimum of 12” from the back of curb. All shrubs and groundcovers located within sight triangles must be maintained a maximum of 24” above roadway grade. There is no height restrictions for the Cocoplum hedges located at the base of the retaining walls except the hedge should not be allowed to grow taller than the top of wall. 8. Inspect groundcovers and shrubs on a monthly basis for maintaining full ground coverage. 9. Evaluate plant material monthly for pests, diseases, drought stress or general decline. If required, follow the integrated pest management program established by the Agency to ensure healthy plants. SECTION: 86070000 FM NO: 409354-4-52-01 COUNTY: Broward STATE RD: 9 Page 20 of 21 EXHIBIT E APPROXIMATE COST FOR LANDSCAPE IMPROVEMENTS This Exhibit forms an integral part of the DISTRICT FOUR (4) LANDSCAPE MAINTENANCE MEMORANDUM OF AGREEMENT between the DEPARTMENT and the AGENCY. $ 136,996.00 Please see attached EXHIBIT E 11/5/2025 PAY ITEM NO. SYMBOL DESCRIPTION - SIZE / REMARKS NATIVE MAX. MAINT. SIZE UNIT TOTAL QTY.UNIT (OR LUMP SUM) COST SUB-TOTAL PROJECT COST 0580 1 1 LANDSCAPE COMPLETE- SMALL PLANTS LS 1 CI CHRYSOBALANUS ICACO 'RED TIP', RED TIP COCOPLUM, #3 GAL, 18"x 18", 36" OC Y 6'EA 800 11.00$ 8,800.00$ 0580 1 2 LANDSCAPE COMPLETE- LARGE PLANTS LS 1 AG ANONNA GLABRA, POND APPLE, 12' OA x 6' SPRD, 3" CAL Y 30' (NF)EA 9 535.00$ 4,815.00$ BS BURSERA SIMARUBA, GUMBO LIMBO, 14' OA x7' SPRD, 5" CAL Y 40' (NF)EA 3 650.00$ 1,950.00$ CH CHAMAEROPS HUMILIS, EUROPEAN FAN PALM, 7.5' OA X 7' SPRD, MULTI, MIN 7' TOTAL STEM FOOTAGE N 15' (NF)EA 5 750.00$ 3,750.00$ CH5 CHAMAEROPS HUMILIS, EUROPEAN FAN PALM, 5' OA X 5' SPRD, MULTI, MIN 4' TOTAL STEM FOOTAGE N 15' (NF)EA 7 450.00$ 3,150.00$ CSP CEIBA PENTANDRA, KAPOK TREE, 20' OA x 10' SPRD, 8" CAL N 100' (NF)EA 3 1,500.00$ 4,500.00$ FS CHORISIA SPECIOSA, FLOSS SILK TREE, 12'x 5', 3.5" CAL, FULL N 40'EA 6 450.00$ 2,700.00$ HV HYOPHORBE VERSCHAFFELTII, SPINDLE PALM, 6' CT, SL N 15' (NF)EA 51 601.00$ 30,651.00$ PEA PTYCHOSPERMA ELEGANS, SOLITAIRE PALM, 10'-20' CT, STGG, SINGLE, MAX 4" CAL IN C.Z.N 25'EA 39 650.00$ 25,350.00$ PO PLATANUS OCCIDENTALIS, AMERICAN SYCAMORE, 14'x 6', 3" CAL, FULL, 5' CT Y 40'EA 3 600.00$ 1,800.00$ QV QUERCUS VIRGINIANA, LIVE OAK, 16' OA x 7' SPRD, 4" CAL Y 50' (NF)EA 3 775.00$ 2,325.00$ SR SERENOA REPENS 'CINEREA', SILVER SAW PALMETTO, #7-10 GAL, 14"-16" OA, 4' OC Y 8' (NF)EA 127 90.00$ 11,430.00$ VM VEITCHIA MONTGOMERYANA, MONTGOMERY PALM, 12'-22' RANGE), SL, MIN 3'x3' RB, RP, MIN 8 LC N 45' (NF)EA 24 550.00$ 13,200.00$ VM2 VEITCHIA MONTGOMERYANA, MONTGOMERY PALM, 16'-24' RANGE), DL, MIN 4'x4' RB, RP, MIN 8 LC N 45' (NF)EA 10 800.00$ 8,000.00$ ZF ZAMIA FURFURACEA, CARDBOARD PALM, #7 GAL, 2'x 2.5', 4' OC Y 3'EA 265 55.00$ 14,575.00$ 136,996.00$ ABBREVIATION KEY: AC=ACRES, AS=AS SHOWN, CAL=CALIPER, CT=CLEAR TRUNK, C.Z.=CLEAR ZONE, CY=CUBIC YARD, DL=DOUBLE LEADER, FF=FLORIDA FANCY GRADE, GAL=GALLON SIZE, GW=GREY WOOD, LF=LINEAR FOOT, LS=LUMP SUM, MAINT.=MAINTAINED, MAX=MAXIMUM, MIN=MINIMUM, MULTI=MULTIPLE STEMS, NF=NATURAL FORM, N=NO, NO.=NUMBER, OA=OVERALL HEIGHT, OC=ON CENTER, RB=ROOT BALL, RP=ROOT PRUNED (MIN 60 DAYS), SF=SQUARE FOOT, SPRD=SPREAD, SL=SINGLE LEADER/STEM, STGG=STAGGERED HEIGHTS, SY= SQUARE YARD, TP=TRIPLE STEM, Y=YES TOTAL COST SR 9/I-95 AT STIRLING RD AND GRIFFIN RD INTERCHANGES COST ESTIMATE (MMOA LIMITS ONLY) CITY OF DANIA BEACH FPID #409354-4-52-01 SECTION: 86070000 FM NO: 409354-4-52-01 COUNTY: Broward STATE RD: 9 Page 21 of 21 EXHIBIT F RESOLUTION This Exhibit forms an integral part of the DISTRICT FOUR (4) LANDSCAPE MAINTENANCE MEMORANDUM OF AGREEMENT between the DEPARTMENT and the AGENCY. Please see attached (To be provided by the Agency)