HomeMy WebLinkAboutR-2013-016 Executed a Maintenance Memorandum of Agreement not to exceed $15,116.50 to Update the Project Work & Costs for a portion of State Road 9 (I-95) at State Road 848 (Stirling Road) RESOLUTION NO. 2013-016
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO
EXECUTE A MAINTENANCE MEMORANDUM OF AGREEMENT WITH
THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION IN AN
AMOUNT NOT TO EXCEED FIFTEEN THOUSAND ONE HUNDRED
SIXTEEN DOLLARS AND 50 CENTS ($15,116.50) TO UPDATE THE
PROJECT WORK AND PROJECT COSTS FOR A PORTION OF STATE
ROAD 9 (I-95) AT STATE ROAD 848 (STIRLING ROAD) FOR THE
INTERCHANGE NORTHWEST AND NORTHEAST QUADRANTS (M.P.
0.140 TO M.P. 0.237) LOCATED WITHIN THE CITY OF DANIA BEACH;
PROVIDING FOR FUNDING; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA
BEACH,FLORIDA:
Section 1. That the proper City officials are authorized to execute a maintenance
memorandum of agreement on behalf of the City of Dania Beach with the State of Florida
Department of Transportation in an amount not to exceed Fifteen Thousand One Hundred
Sixteen Dollars and 50 cents ($15,116.50) to update the work project and project costs for a
portion of State Road 9 (I- 95) at State Road 848, a copy of which agreement in substantial form
is attached as exhibit"A".
Section 2. That the City Manager and City Attorney are authorized to make minor
revisions to such agreement as are deemed necessary and proper for the best interest of the City.
Section 3. That costs associated with this Memorandum of Agreement will be minor
and will be paid from existing annual budget appropriations of the General Fund, Public Services
Streets Maintenance Division budget, and therefore, will not require added City budget
appropriations in the current or future years.
Section 4. That all resolutions or part of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
Section 5. That this resolution shall be in full force and take effect immediately upon
its passage and adoption:
PASSED AND ADOPTED on February 12, 2013.
ATTEST:
LOUISE STILSON, CMC WALTER B. DUKE, III
CITY CLERK MAYOR
APPROVED As FO AND CORRECTNESS:
THom.ks J. SB
CITY ATT EY
2 RESOLUTION#2013-016
SECTION No.: 86070
FM No.(a): 422796-1-52-01
COUNTY: Broward
S.R. No.: 9(1-95)
DISTRICT FOUR
LANDSCAPE MAINTENANCE MEMORANDUM OF AGREEMENT
THIS AGREEMENT, made and entered into this day of 2p_,
by and between the STATE OF FLORIDA 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 Florida, hereinafter called
the AGENCY.
WITNESSETH:
WHEREAS, the DEPARTMENT has jurisdiction over State Road 9 (1-95)at State Road
848(Stirling Road)as part of the State Highway System 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 (1-95) as described
within Exhibit B; and
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 the 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 highway facilities within the AGENCY'S
limits that contain landscape improvements(plant materials, irrigation system and/or hardscape)
to medians and areas outside the travelway to the right of way line and/or areas within the
travelway that may contain patterned pavement(concrete pavers, and/or patterned pavement or
stamped concrete) including any other hardscape (If applicable), but excluding standard
concrete sidewalk, 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 patterned pavement(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 travelway and improvements
made to the travelway 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 . 20 ,
attached hereto and by this reference made a part hereof, desires to enter into this Agreement
and authorizes its officers to do so;
Page 1 of 18
NOW THEREFORE, for and in consideration of the mutual benefits to flow each to the
other,the parties covenant and agree as follows:
1. The recitals set forth above are true and correct and are deemed incorporated herein.
2. INSTALLATION OF FACILITIES
The DEPARTMENT hereby agrees to install or cause to be installed the landscape
improvements associated with the referenced roadway project described as: plant
materials, irrigation systems and/or hardscape on the highway facilities substantially as
specified in the initial plans and specifications hereinafter referred to as the landscape
improvements plans, or the plans and incorporated herein as Exhibit B. If there are any
major changes to the plans, the DEPARTMENT shall provide the modified plans to the
AGENCY and the AGENCY shall provide their approval or disapproval to the
DEPARTMENT within 10 business days. The DEPARTMENT may elect to withdraw the
landscape improvements if changes are not approved within the given time frame.
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 travelway 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, fertilizing, weeding, curb and sidewalk edging, litter pickup, pruning, 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
handscape areas on the sidewalk or within the medians and areas outside the travelway
to the right-of-way and/or areas within the travelway containing pattered pavement. 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 surfacing and the
associated header curb and concrete areas (if applicable) on DEPARTMENT right-of-
way within the limits of this Agreement.
B. Such maintenance io be provided by the AGENCY is specifically set out as follows:
to maintain, which means to property water and fertilize all plants;to keep them as free as
practicable from disease and harmful insects;to property mulch the planting beds;to keep
the premises free of weeds; to mow the turf to the proper height for that species; 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 dear visibility to signage,
pemnitted 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
materfals shall be those items which would be scientifically classified as plants including
trees, palms, shrubs, groundoover and turf_. To maintain also means to remove or replace
dead or diseased plants in their entirety, or to remove or replace those that fail below
original project standards. Pains shall be kept fruit free year round. All plants removed for
whatever reason shall be replaced by plants of the same species type, size, and grade as
Page 2 of 18
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. To
maintain also means (if applicable) to keep the header curbs that contain the specialty
surfacing treatment in optimum condition. To maintain also means to keep the hardscape
areas free from weeds and to repair said handscape 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.
C. If it becomes necessary to provide utilities (water/electricity) to the medians or areas
outside the travelway for these improvements, all costs associated with the utilities
associated with landscape accent lighting and/or irrigation systems including, but not
limited to the impact and connection fees,and the on-going cost of utility usage for water
and electrical, are the maintaining AGENCY'S responsibility.
(1) The AGENCY shall be directly responsible for impact and connection fees
AND
(2) The AGENCY shall become responsible for the above named ongoing utility costs upon final
acceptance of the construction project (including the Landscape improvements) by the
DEPARTMENT and thereafter. The project is accepted prior to the start of the Plant
Establishment and Contractor's Warranty Period.
AND
(3) The AGENCY shall be responsible for the improvements immediately after final acceptance
of the construction project by the DEPARTMENT except for the plant materials. The
AGENCY shall be responsible for the maintenance of all landscape improvements after the
completion of the Plant Establishment and Contractor's Warranty Period.
D. The above named 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. NOTICE OF MAINTENANCE DEFICIENCIES
A. If at any time after the AGENCY has undertaken the landscape improvements'
maintenance responsibilities mentioned above, it shall come to the attention of the
DEPARTMENT'S District Secretary that the limits, or a part thereof, are not properly
maintained pursuant to the terms of this Agreement, said District Secretary may at
his/her option, issue a written notice that a deficiency or deficiencies exist(s), by sending
a certified letter to the AGENCY,placing 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:
(1) Maintain the landscape improvements or any part thereof, with DEPARTMENT or
Contractor's personnel and invoice the AGENCY for expenses incurred, or
Page 3 of 18
(2) Terminate the Agreement in accordance with Paragraph 9 of this Agreement and
remove, by the DEPARTMENT or Contractor's personnel, all of the landscape
Improvements installed under this Agreement or any preceding Agreements,
except as to trees and palms, and charge the AGENCY the reasonable cost of
such removal.
B. The AGENCY agrees to reimburse the DEPARTMENT all monies expended by the
DEPARTMENT for the Landscape improvements listed in Exhibit B in the amounts listed
in those plans should the landscape improvement fail to be maintained in accordance
with the terms and conditions of this Agreement.
5. 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 with future criteria or planning 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.
6. FUTURE AGENCY IMPROVEMENTS
The AGENCY may construct additional landscape improvements within the limits of the
rights of ways identified as a result of this document, 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.
(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 installed at no cost to the DEPARTMENT.
7. 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 that the AGENCY shall be responsible for maintaining under this Agreement
subject to the following conditions:
Page 4 of 18
(a) 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.
(b) All landscape improvements shall be developed and implemented in accordance
with appropriate state safety and roadway design standards.
(c) The AGENCY agrees to comply with the requirements of this Agreement with
regard to any additional landscape improvements installed by an adjacent owner.
8. LANDSCAPE IMPROVEMENTS COST
The DEPARTMENT agrees to enter into a contract for the installation of the Landscape
improvements for an amount not to exceed $15,116.50 as defined in Exhibit D. This
amount 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 D is limited to only those items which are directly related to the Landscape
improvement plans.
The AGENCY shall be invited to assist the DEPARTMENT in final inspection upon
completion of the Plant Establishment and Contractor's Warranty Period.
9. AGREEMENT TERMINATION
This Agreement may be terminated under any one(1)of the following conditions:
(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
10. AGREEMENT TERM
A. The term of this Agreement commences upon execution by all parties. The term of this
Agreement shall remain in effect for twenty-five(25)years.
B. If the DEPARTMENT cancels the Landscape improvements described in Exhibit B, this
Agreement becomes void and the original Agreement is reinstated if any.
11. 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
Page 5 of 18
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, subconsultants, contractors 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:
(a) AGENCY'S contractor shall at all times during the term of this Agreement keep and
maintain in full face 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 that 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.
(b) AGENCY'S contractor shall furnish AGENCY with Certificates of Insurance of
Endorsements evidencing the insurance coverages specified herein prior to the
beginning performance of work under this Agreement.
(c) 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 cancellation and or/or restriction. If any of the
insurance coverages 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.
12. E-VERIFY REQUIREMENTS
AGENCY shall utilize the U.S. Department of Homeland Security's E-Verify system, in
accordance with the terms governing use of the system, to confirm the employment
eligibility of;
(1) Shall 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
(2) Shall 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 Agency term.
Page 6 of 16
I
13. 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.
14. 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.
15. 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.
16. This Agreement may not be assigned or transferred by the AGENCY in whole or part
without the consent of the DEPARTMENT.
17. 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.
18. 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: If to the AGENCY:
State of Florida Department of Transportation City of Dania Beach
3400 West Commercial Blvd. 1201 Stirling Road
Ft. Lauderdale, FL 33309-3421 Dania Beach, Florida 33004
Attention: Elisabeth A. Hassett, R.L.A. Attention: Dominic Orlando
FDOT District IV Landscape Architect Title: Director of Public Works
Page 7 of IS
19. LIST OF EXHIBITS
Exhibit A. Roadway Project Location and Landscape Improvements
Maintenance Boundaries
Exhibit B: Landscape Improvements Plans
Exhibit C: Maintenance Plan for Landscape Improvements
Exhibit D: Approximate Cost for Landscape Improvements
IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective the
day and year first above written.
CITY OF DANIA BEACH STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
By: By:
Chairperson/Mayor Transportation Development Director
Attest: (SEAL) Attest: (SEAL)
Clerk Executive Secretary
Legal Approval Date Legal Approval Date
Attorney Office of the General Counsel
Page 8 of 18
SECTION No.: 88070
FM No. (s): 422796-1-52-01
COUNTY: Broward
S.R. No.: 9(1-95)
EXHIBIT A
ROADWAY PROJECT LOCATION AND LANDSCAPE IMPROVEMENTS
MAINTENANCE BOUNDARIES
I. ROADWAY PROJECT LOCATION:
State Road 9(1-95)from(M.P. 13.364)to(M.P. 11.715)(Dade/Broward County Line)
li. LIMITS OF MAINTENANCE FOR LANDSCAPE IMPROVEMENTS
State Road 9(1-96)at State Road 848(Stirling Road) Interchange northwest and northeast
quadrants(M.P. 0.140 to M.P. 0.237)
III. LANDSCAPE IMPROVEMENTS MAINTENANCE RESPONSIBILITIES MAP:
Please Inset Landscape Improvements Maintenance Map or Attach Separate Page for Map
Graphically Indicating Each AGENCY'S maintenance Limits(only)
Page 9 of 18
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EXHIBIT B
LANDSCAPE IMPROVEMENTS 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: Reynolds, Smith and Hills, Inc.
Ronald R. Sill, RLA
Date: October 15, 2012
Page 10 of 18
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SECTION No.: 86070
FM No. (s): 422796-1-52-01
COUNTY: Broward
S.R. No.: 9 (1-95)
EXHIBIT C
MAINTENANCE PLAN FOR LANDSCAPE IMPROVEMENTS
This Exhibit forms an integral part of the DISTRICT FOUR (4) LANDSCAPE MAINTENANCE
MEMORANDUM OF AGREEMENT between the State of Florida, Department of Transportation
and the AGENCY.
Please see attached
Page 11 of 18
MAINTENANCE PLAN
Landscape Improvements
Project State Road No(s): 9(1-95)
Project Limits: State Road 848(Stirling Road)northwest and northeast quadrants(M.P.
5.15 to M.P.535)
FM No(s): 422796-1-52-01
Maintaining Agency: City of Dania Beach
RLA of Record: Ronald R.Sill,RLA
Date: October 15,2012
L General Maintenance Reauirements and Recommendations:
The purpose of a plan for the landscape improvements maintenance practices is to allow the plant material
on your project to thrive in a safe and vigorous manner while fulfilling it's intended purpose and
conserving our natural resources. Plantings and all other landscape improvements shall be maintained to
avoid potential roadway hazards and to provide required clear visibility, accessibility, clearance, and
setbacks as set forth by Florida Department of Transportation (FDOT) governing standards and
specifications: FDOT Design Standards, FDOT Plans Preparation Manual Vol. I, Chapter 2.11 and
FDOT Standard Specifications for Road and Bridge Construction, as amended by contract documents,
and all other requirements set forth by the District 4 Operations Maintenance Engineer.The initial portion
of the Maintenance Plan describes general maintenance requirements and recommendations. The
concluding section provides recommendations prepared by the Registered Landscape Architect of Record
specific to the attached approved plans.
Watering R ■irements•
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 Right of
Way.
Proper watering techniques should provide even and thorough water dispersal to wet the entire root zone,
but not saturate the soil or over-spray onto travel lanes.
Irrigation System:
The Agency shall ensure there are no roadway overspray or irrigation activities during daytime hours. It
is imperative 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.
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. Establishment of an Integrated Pest Management
program is encouraged to ensure healthy plants which are free of disease and pests.
Page 12 of 18
Makhine:
Mulch planting beds in such a manner as 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. Avoid mulch mounded up on the trunks of trees,palms,and the base of
shrubs to encourage air movement in this area which aids in lowering disease susceptibility. Cypress
mulch is prohibited on state right of way.
Praning:
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 and to specific pruning heights that maintains clear visibility for motorists, and
provide vertical clearance for pedestrian,bicyclist, and truck traffic where applicable all palms are to be
kept fait free. Visibility windows must be maintained free of view obstructions, and all trees and palms
must be maintained to prevent potential roadway and pedestrian hazards.The specific pruning heights are
determined by understanding the designer's intent when selecting and placing the plants. The intended
mature maintained height and spread-of plants are noted on the landscape plans.(See Exhibit B. and Part
II of this document Specific Requirements and Recommendations) for specific landscape & irrigation
design intent and maintenance). The understory plant materials selected for use within the restricted
planting areas (Limits of Clear Sight)are to be maintained at a height in compliance with FDOT Design
Standards Index 546; Page 6 of 6, Window Detail. Vertical tree heights must meet FDOT Maintenance
Rating Program(MRP)standards.
Staking and Gaving•
All staking materials, except for replacements, will be removed at the completion of FDOT warranty
period or at one year (whichever comes first). Any subsequent staking and guying activities by the
Agency must adhere to FDOT Design Standards guidelines (See Index 544). The Agency shall closely
monitor staking and guying attachment materials so that they are securely fastened to avoid potential
roadway hazards.
Turf Mowing:
All grassed 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 meet at a minimum 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 at a minimum 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 if 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, per the
approved plans.
Page 13 of 18
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
general landscape is required from FDOT for approval by the FDOT District Landscape Architect.
Hardscape(Specialty Surfacing):
All tree grates and specialty surfacing shall be maintained in such a manner as to prevent any potential
tripping hazards and protect damage to the pavers and tree grates. 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 specialty surfacing or tree grates become damaged, they shall be replaced with the same
type and specification as the approved plan.
Hardscape(Non-Standard Travelwav Surfacing):
It shall be the responsibility of the AGENCY to restore an unacceptable ride condition of the roadway,
including asphalt pavement,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.
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.
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(Landscape Accent Ughting)
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.
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)
To avoid conflicts with permitted outdoor advertising on the state highway system, 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.
Page 14 of 18
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.
II.Specific Maintenance Reauirements and Recommendations:
Plantings shall be maintained to maximize use of flower color and formal traits of selected plant meterial
while keeping within height limitations as specified. Thatch and Sabal Palms shall have dead fronds
removed only; do not over prune. Ornamental grasses shall be pruned as necessary to maintain full and
healthy appearance. Cut back ornamental grasses to 6'in March.
Page 15 of 18
REFERENCES
This reference list is provided as a courtesy. The list may not contain the most current websites. The
most current references must be accessed for up to date information.
Accessible Sidewalk Videos(ADA)
ho://www.access-board.gov/news/sidewalk-videos.htm
Americans with Disabilities Act(ADA)(ADAAG)
http://www.ada.aov/NPRM2008/adaAandards/adastds08.adf
American National Standard Institute,ANSI A300, (Part I)for Tree Care Operations-Trees, Shrub,and
Other Woody Plant Maintenance-Standard Practices(Pruning),available for purchase
http:!/www. ialists.com/pdfs! tom' gstsndards.ndf
Florida Department of Agriculture and Consumer Services, Division of Plant Industry, Florida Grades
and Standards for Nursery Plants,available for purchase
hq://www.doacs.state.fl.us/pi/pubs.htmi
Florida Department of Community Affairs(DCA),Florida Board of Building Codes&Standards, 2007
Florida Building Code, Chapter I1 Florida Accessibility Code for Building Construction Part A
http://www2.icesafe.org/states/florida codes/
Florida Department of Transportation, FDOT Design Standards for Design, Construction, Maintenance
and Utility Operations on the State Itghway System,Index 544 Landscape Installation
hn://www.dot.state.fl.us/rddesign/rd/RTDS/10/544.Rdf
Florida Department of Transportation, FDOT Design Standards for Design, Construction, Maintenance
and Utility Operations on the State Highway System,Index 546 Sight Distance at Intersections
hbp://www.dot.state.fl.us/rddesign&dMS/10/546.Rd
Florida Department of Transportation, FDOT Design Standards for Design, Construction, Maintenance
and Utility Operations on the State Highway System,Index 600 Trafflc Control through Work Zones
ho://www.dot.state.fl.us/rddesign/rd/rtds/I0/600.pdf
Florida Department of Transportation, FDOT Design Standards for Design, Construction, Maintenance
and Utility Operations on the State Itghway System,Index 700 Roadside Offsets
ho://www.dot.state.fl.us/iddesiga/rd/RTDS/101700.pdf
Florida Department of Transportation,FDOT Plans Preparation Manual(PPM) Vol. I Chapters 2.11.5,
Horizontal Clearance to Trees; Table 2.11.9 Horizontal Clearance and Clear Zone; Figure 4.1.2 Clear
Zone, and Table 25.4.11.1 Clear Zone Width(feet)and Table 25.4.14.6 Or existing)trees
hn://www.do-t.state.fl.us/rddesigoLPMManuWnOO9Nolumel/ZCW02.0
Florida Department of Transportation,FDOT Standard Specifications for Road and Bridge Construction,
Section 580 Landscape Installation
ftp://ftp.dot.state.fl.us/LTS/CO/Speciflo ons/SuogBook/2010Bookt580.�df
Pape 16 of 18
Florida Department of Transportation,Landscape Architecture Website
bn://_w_ww.dot.state.fl.us/emo/beauty/FLA.shtm
Florida Department of Transportation,Maintenance Rating Program Handbook
http://ombact.dot.state.fl.us/pro oddures/bin/850065002,W
Florida Department of Transportation,Maintenance Rating Program Standards
http://www.dot.state.fl.us/statemaintenancoofficeAWHandbooM9FinaLpdf
Florida Department of Transportation Outdoor Advertising Database
http://www2.dot.state.fl.us/riahtofWgy/Default.Mx
Florida Irrigation Society
htw://www.fisswe.
Florida Power and Light(FPL),Plant the Right Tree in the Right Place
www.FPL/trees
Guide to Roadside Mowing and Guide to Turf Management, available for purchase
ha://infonet.dot.sme.fl.us/Sm=x—tServicesOffice(Rlist.htm
Interlocking Concrete Pavement Institute(ICPI)
http://www.ic in oral
International Society of Arboriculture(ISA)
www.isa-arbor.com
U.S.Department of Transportation,Federal Highway Administration,Manual on Uniform Traffic Control
Devices
http://www.mutcd.&wa.dot.ggv_
Page 17 of 18
SECTION No.: 86070
FM No. (s): 422798-1-52-01
COUNTY: Broward
S.R. No.: 9(I-95)
EXHIBIT D
APPROXIMATE COST FOR LANDSCAPE IMPROVEMENTS
This Exhibit forms an integral part of the DISTRICT FOUR (4) LANDSCAPE MAINTENANCE
MEMORANDUM OF AGREEMENT between the State of Florida. Department of Transportation
and the AGENCY.
$ 15,116.50 Dated: November 30. 2012
Page 18 of 18
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Florida Department of Transportation
RICK SCOTr 3400 West Commercial Boulevard ANANTH FRASAD,F.E.
GOVERNOR Fort Lauderdale,FL 33309 SECRETARY
December 10,2012
Mr.Dominic Orlando
Director of Public Works
City of Dania Beach
1201 Stirling Road
Dania Beach,Florida 33004
Dear Mr.Orlando:
RE: District Four (4) Landscape Maintenance Memorandum of Agreement (MMOA) for the
City of Dania Beach for State Roads 9(1-95).
Enclosed are three(3) copies of the Landscape Maintenance Memorandum of Agreement (MMOA) for
the landscape improvements on State Road 9(I-95)Interchange under FM#422796-1-52-01 in the City of
Dania Beach:
State Road 9(1.95)at State Road"S(Stirling Road)interchange northwest and nordwast quadrants
(M.P.0.140 to M.P.0.237).
Please have these executed by the City Commission at their earliest convenience returning all three 3 to
me,with one sealed copy of the Resolution approving such action.Gerry O'Reilly, P.E.the Department's
Transportation Development Engineer District IV, will execute and date the originals returning one for
your files.
If you have any questions or need further information,please contact me at(954)7774219.
Sincerely,
(LL-Q-1
Elisabeth A.Hassett,R.L.A.
District Landscape Architect
Enclosures:
Draft MOA(3 Copies)
CC: File
www.dot.state.fl.us