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Res 24-10RESOLUTION NO. 24 -10 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FOR MAINTENANCE BY THE CITY OF A PORTION OF STATE ROUTE 806 LOCATED WITHIN THE CITY OF DELRAY BEACH; PROVIDING FOR CONFLICTS; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA: Section 1. That the appropriate City officials of the City of Delray Beach are authorized to execute a Maintenance Memorandum of Agreement on behalf of the City with the State of Florida Department of Transportation, for maintenance by the City of a portion of State Route 806, a copy of which Agreement in substantial form as Exhibit "A ", is attached. The City Manager and City Attorney are authorized to make minor revisions to such Agreement as are deemed necessary and proper for the best interests of the City. Section 2. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 3. That this Resolution shall be in full force and effect immediately upon its adoption. PASSED AND ADOPTED in regular session on this the 20`'' day of AP IL, 2010. '0.. MAYOR ATTEST: City Clerk Page 1 of 1 MEMORANDUM TO: Mayor and City Commissioners FROM: Randal L. Krejcarek, P.E., LEED AP, GISP, City Engineer Richard C. Hasko, PE, Environmental Services Director THROUGH: David T. Harden, City Manager DATE: April 12, 2010 SUBJECT: AGENDA ITEM 8.E. - REGULAR COMMISSION MEETING OF APRIL 20, 2010 RESOLUTIONS NO. 24 -10 AND 25- 10/FDOT /JOINT PARTICIPATION AGREEMENT /MAINTENANCE MEMORANDUM OF UNDERSTANDING ITEM BEFORE COMMISSION This item is before the Commission for approval and authorization for the Mayor to execute two (2) Joint Participation Agreements (JPA) and one (1) Landscape Maintenance Memorandum of Agreement (MMOA) with Florida Department of Transportation (FDOT). These agreements are for the proposed landscaping along W Atlantic Ave (SR 806) from I -95 to Swinton Avenue. BACKGROUND The City of Delray Beach was awarded two Keep Palm Beach Beautiful grants, one in FY 2008 -2009 in the amount of $200,000.00 for landscaping along W Atlantic Ave from SW/NW 12th Avenue to S/N Swinton Avenue and the second grant in the amount of $199,760.00 for landscaping along W Atlantic Ave from I -95 to SW/NW 12th Avenue. Both grants cover 100% of the construction costs. The JPA's are the agreements that the City must sign in order to receive the grant funding. The third agreement is FDOT's Landscape MMOA which states that City will be responsible for maintaining the landscaping to be installed within FDOT rights -of -way under the above two JPA's. FUNDING SOURCE Total construction cost of both JPA's is $399,760.00, which will be reimbursed 100% by FDOT. RECOMMENDATION Staff recommends approval. http:// miweb001 /Agendas/Bluesheet.aspx ?ItemID= 3228 &MeetingID =256 4/21/2010 RESOLUTION NO. 24 -10 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FOR MAINTENANCE BY THE CITY OF A PORTION OF STATE ROUTE 806 LOCATED WITHIN THE CITY OF DELRAY BEACH; PROVIDING FOR CONFLICTS; PROVIDING AN EFFECTIVE DATE NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA: Section 1. That the appropriate City officials of the City of Delray Beach are authorized to execute a Maintenance Memorandum of Agreement on behalf of the City with the State of Florida Department of Transportation, for maintenance by the City of a portion of State Route 806, a copy of which Agreement in substantial form as Exhibit "A ", is attached. The City Manager and City Attorney are authorized to make minor revisions to such Agreement as are deemed necessary and proper for the best interests of the City. Section 2. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 3. That this Resolution shall be in full force and effect immediately upon its adoption. PASSED AND ADOPTED in regular session on this the day of 2010. MAYOR ATTEST: City Clerk RESOLUTION NO. 25-10 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING THE JOINT PARTICIPATION AGREEMENTS WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE FUNDING OF LANDSCAPE, HARDSCAPE AND IRRIGATION IMPROVEMENTS ALONG STATE ROAD 806 LOCATED WITHIN THE CITY OF DELRAY BEACH; PROVIDING FOR CONFLICTS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach, Florida desires to approve the Joint Participation Agreements for the funding of landscape, hardscape and irrigation improvements along State Road 806; and, WHEREAS, the City Commission authorizes the execution of the Agreements NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA: Section 1. That the recitals set forth above are incorporated as if fully set forth herein. Section 2. The City Commission of the City of Delray Beach authorizes the entry in the Joint Participation Agreements, related to FM428155- 1 -58 -01 and FM426012- 1- 58 -01, between the City and the Florida Department of Transportation and authorizes the execution thereof. PASSED AND ADOPTED in regular session on this the day of 32010. MAYOR ATTEST: City Clerk -42 ■ v, r• ��ao 0 W ' m T `_J y U cu N m N cl W r O N N d• SECTION No.: 93030000 FM No.: 428155 -1- 58.001 & 426012 -1 -58.01 Connected JPA Nos: & S.R. No.: 806 (Atlantic Avenue) DISTRICT FOUR (4) LANDSCAPE MAINTENANCE MEMORANDUM OF AGREEMENT THIS AGREEMENT, made and entered into this day of 20_, 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 Delray Beach, a political subdivision existing under the Laws of Florida, hereinafter called the AGENCY. WITNESSETH: WHEREAS, the DEPARTMENT has jurisdiction over State Road 806 as part of the State Highway System as described in Exhibit A; and WHEREAS, the AGENCY seeks to install and maintain certain landscape improvements within the right of way of State Road 806 (Atlantic Avenue) 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 areas within the travelway that may contain specialty surfacing (concrete pavers, and/or stamped asphalt or stamped concrete), including any other hardscape (if applicable), but excluding standard concrete sidewalk, shall be maintained by periodic pruning, mowing, fertilizing, weeding, litter pick -up, necessary replanting, irrigation repair and /or repair of any 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 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 13 NOW THEREFORE, for and in consideration of the mutual benefits to flow each to the other, the parties covenant and agree as follows: The recitals set forth above are true and correct and are deemed incorporated herein. 2. INSTALLATION OF FACILITIES The AGENCY shall install and agrees to maintain the landscape improvements described herein 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 Exhibit B. Hardscape shall mean, but not be limited to: any landscape accent lighting, fountain, tree grates, decorative free standing wall, and /or sidewalk, median and roadway specialty surfacing such as, but not limited to: concrete pavers, stamped asphalt or stamped concrete. (a) All plant materials shall be installed and maintained in strict accordance with sound nursery practice prescribed by the International Society of Arboriculture (ISA); all plant materials installed shall be Florida #1 or better according to the most current edition of Florida Department of Agriculture, Florida Grades and Standards for Nursery Stock; and all trees shall meet Florida Power & Light, Right Tree, Right Place, South Florida. (b) Trees and palms within the right -of -way shall be installed and pruned to prevent encroachment to roadways, clear zones and sidewalks. Definition of these criteria is included in the most current editions of FDOT standards for design, construction, maintenance, and utility operations on the "state highway system. (c) Tree and palm pruning shall be supervised by properly trained personnel trained in tree pruning techniques and shall meet the most current standards set forth by the International Society of Arboriculture (ISA) and the American National Standard Institute (ANSI), Part A -300 and be licensed by Broward County Environment Protection Department to perform this work. (d) Irrigation installation and maintenance activities shall conform to the standards set forth by the Florida Irrigation Society (FRS) latest edition of FIS, Standards and Specifications for Turf and Landscape Irrigation Systems. (e) The AGENCY shall provide the DEPARTMENT accurate as -built plans of the system so if in the future there is a need for the DEPARTMENT to perform work in the area, the system can be accommodated as much as possible. (f) If it becomes necessary to provide utilities (watedelectricity) to the median or side areas, it shall be the AGENCY'S responsibility to obtain a permit for. such work through the local maintenance office and the AGENCY shall be responsible for all associated fees for the installation and maintenance of these utilities. (g) All hardscape shall be installed and maintained in strict accordance with the most current edition of the Florida Accessibility Code for Building Construction and the Interlocking Concrete Pavement institute (1CP1). Page 2 of 13 (h) As described in the plans, Exhibit B and further described in Exhibit E for specialty surfaces. (i) All activities, including landscape improvements installation and .future maintenance operations performed on State highway right -of -way, must be in conformity with the most current edition of the Manual on Uniform Traffic Control (MUTCD) and FDOT Design Standards, Index 600 Series, Traffic Control through Work Zones. (j) The most current edition of FDOT Design Standards, Index 546 must be adhered to. (k) Horizontal Clearance and Clear Zone as specified in the FDOT Plans Preparation Manual, Volume 1, Chapters 2 and 4 and FDOT Design Standards, Index 700 must be adhered to. (1) Landscape improvements shall not obstruct roadside signs or permitted outdoor advertising signs, (see Florida Administrative Code [F.A.C.] Rule Chapter 14 -40, Part 1 and Part III.) (m) The AGENCY shall provide the local FDOT Operation Center, located at Palm Beach Operations, 7900 Forest Hill Blvd., West Palm Beach, FL 33413 (561) 432- 4966, a twenty -four (24) hour telephone number and the name of a responsible person that the DEPARTMENT may contact. The AGENCY shall notify the local maintenance office forty - eight (48) hours prior to the start of the landscape improvements. (n) If there is a need to restrict the normal flow of traffic, it shall be done on off -peak hours (9 AM to 3 PM), and the party performing such work shall give notice to the local law enforcement agency within whose jurisdiction such road is located prior to commencing work on the landscape improvements. The DEPARTMENT'S Public Information Office shall also be notified. (o) The AGENCY shall be responsible to clear all utilities within the landscape improvement limits. (p) The AGENCY shall follow the minimum level of maintenance guidelines as set forth in FDOT'S Rule Chapter 14 -40 Highway Beautification and Landscape Management, in the FDOT Guide to Roadside Mowing and Maintenance Management System, and Exhibit C, the Maintenance Plan for maintenance activities for landscape improvements. 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 defined as: plant materials, irrigation, and / or hardscape within the medians and areas outside the travelway to the right of way line and areas within the travelway containing specialty Page 3 of 13 surfacing as existing and as described in Exhibit B. The non- standard improvements outside the travelway shall be maintained by the AGENCY regardless if the said improvement was made by the DEPARTMENT, the AGENCY, or others by periodic pruning, mowing, 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, Exhibit E and Exhibit F, the Specialty Surfacing Maintenance. The AGENCY'S responsibility for maintenance shall include all landscaped / turfed and hardscape areas within the median and areas outside the travelway to the right -of -way and areas within the travelway containing specialty surfacing. 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 on DEPARTMENT right-of-way within the limits of this Agreement. B. 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. Plants shall be those items which would be scientifically classified as plants and include but are not limited to trees, 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 landscape improvements project standards. Palms shall be kept fruit free year round. To maintain also means 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 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 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. 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 system 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. 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. Page 4 of 13 4. NOTICE OF MAINTENANCE DEFICIENCIES A. If at any time after the AGENCY has undertaken the landscape improvements installation and /or maintenance responsibility 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, to 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) Complete the installation, or part thereof, with the DEPARTMENT or Contractor's personnel and deduct the cost of such work from the final payment for said work or part thereof, or /and (2) Maintain the landscape improvements or any part thereof, with the DEPARTMENT or Contractor's personnel and invoice the AGENCY for expenses incurred, and/or (3) Terminate the Agreement in accordance with Paragraph 9, and remove, by the DEPARTMENT or private Contractor's personnel, all of the landscape improvements installed under this Agreement or any preceding Agreements except as to trees and palms and /or charge the AGENCY the reasonable cost of such removal. B. The AGENCY agrees to reimburse the DEPARTMENT all monies expended for the landscape improvements, should the landscape improvements fail to be maintained in accordance with the terms and conditions of this Agreement in the amounts listed in those plans. 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 day's notice to remove said landscape /hardscape 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: Page 5 of 13 (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 or hardscape improvements within the limits of the right of -way identified in Exhibit A of this Agreement. The AGENCY shall be responsible for maintaining under this agreement those improvements subject to the following conditions: (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. AGENCY REIMBURSEMENT The DEPARTMENT and the AGENCY intend to enter into a separate agreement as further described in Exhibit D attached hereto and made a part hereof. The DEPARTMENT shall be invited to assist the AGENCY in final inspections before acceptance of the job by the AGENCY. The DEPARTMENT must approve the landscape improvements before the contractor is released. 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. Page 6 of 13 (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 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. 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 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, subconsuitants, 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 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 that the latest edition of the Comprehensive General Liability and Worker's Compensation policy without restrictive endorsements, as filed by the Insurance Services Office. The AGENCY and DEPARTMENT shall be named as additional insured on such policies, which policies shall accordingly be endorsed. The AGENCY shall deliver proof of such coverage to the DEPARTMENT. (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. Page 7 of 13 12. 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. 13. The DEPARTMENT, during any fiscal year, shall not expend money, incur any liability, nor 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 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. 14. 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. 15. . This Agreement may not be assigned or transferred by the AGENCY, in whole or in part, without the prior written consent of the DEPARTMENT. 16. 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. 17. 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: State of Florida Department of Transportation 3400 West Commercial Blvd. Ft. Lauderdale, FL 33309 -3421 Attention: Elisabeth A. Hassett, R.L.A. FDOT District IV Landscape Architect Page 8 of 13. ti If to the AGENCY: City of Delray Beach 434 S. Swinton Avenue Delray Beach, Florida 33444 Attention: Randal Krejcarek, P.E. With a copy to: City Attorney 18. LIST OF EXHIBITS Exhibit A: Landscape Improvements Location & 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. AGENCY (CITY OF DELRAY BEACH) 0 Chairperson /Mayor Attest: Clerk Legal Review Attorney (SEAL) Date STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: Transportation Development Director Attest: Executive Secretary Legal Review (SEAL) Date Office of the General Counsel Page 9 of 13 SECTION No.: FM No.: Connected JPA Nos: S.R. No.: EXHIBIT A 93030000 428155.1 -58 -001 & 426012- 1 -58 -01 806 (Atlantic Avenue) ROADWAY PROJECT LOCATION AND LANDSCAPE IMPROVEMENTS LOCATION MAINTENANCE BOUNDARIES FM No. 428155 -1 -58 -001 I. LANDSCAPE IMPROVEMENTS LOCATION: State Road 806 (Atlantic Avenue) from SR 9 (1 -95 Limited Access Right of Way) (M.P. 7.376) to NW 12'h Avenue (M.P. 7.513). Il. LIMITS OF MAINTENANCE FOR LANDSCAPE IMPROVEMENTS: State Road 806 (Atlantic Avenue) medians and areas outside the travelway to the right of way line and areas within the travelway from SR 9 (1 -95 Limited Access Right of Way) (M.P. 7.376) to NW 12'h Avenue (M.P. 7.513). FM No. 426012 -1 -58 -001 I. LANDSCAPE IMPROVEMENTS LOCATION: State Road 806 (Atlantic Avenue) from NW 12`h Avenue (M.P.7.513) to Swinton Avenue (M.P. 8.270). II. LIMITS OF MAINTENANCE FOR LANDSCAPE IMPROVEMENTS: State Road 806 (Atlantic Avenue) medians and areas outside the travelway to the right of way line and areas within the travelway from NW 12th Avenue (M.P.7.513) to Swinton Avenue (M.P. 8.270). III. LANDSCAPE IMPROVEMENTS MAINTENANCE MAP: See attached project location maps and areas to be maintained by the city Page 10 of 13 Hatched area to be maintained. r. ................. ....... ...................... .......... . . . . . . . . . . . . ........... Puts fif'I 11470-MYRN7 WNW) SECTION No.: 93030000 FM No.: 428155 -1 -58 -001 8,426012-1-58-01 Connected JPA Nos: & S.R. No.: 806 (Atlantic Avenue) EXHIBIT B LANDSCAPE IMPROVEMENTS PLANS The AGENCY agrees to install the landscape improvements in accordance with the plans and specifications attached hereto and incorporated herein. FM No. 428155 -1 -58 -001 Please see attached plans prepared by: AND FM No. 426012 -1- 58.001 PBS &J, Harry L. 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SU4�t3> d i 0 'Col a ` 1 Q W V tik 8 a O W "a �a[�oo000® , O Jr NMI If LL 3AV H101 hW 3AV r►la A's 60 Q 4 - -- a, --------- - 3°- - - - -,- rrw t ) p 3 � us i hl I; :I Ind e I0��~�'y�� 11 i III 1 "I„I o I, H �� ` 11 I Y� •�� $ � I t- 1I w 13 I cl �o ��aT $� 11 ";8u� p; — I' it, 1 l IE Ng ' 010 I ii I I a� /�1 tl „ II 1;0'`' a - - - -.-- -° 3AV HIM hW ' AV H111 MS h c -- - - Y - - - - µ 6Z 1� �'� 1,,a1 ql � lip ,, / • � .- � r•:'1� 11 :•�I. �1 /�•r SECTION No.: FM No.: Connected JPA Nos: S.R. No.: EXHIBIT C 93030000 428155 -1 -58 -001 & 426012- 1 -58 -01 806 (Atlantic Avenue) 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 12 of 13 MAINTENANCE PLAN Landscape Improvements Project State Road No(s): SR 806 Project Limits: SR 9 (I -95 Limited Access Right of Way) (M.P. 7.376) to NW 12 "' Avenue (M.P. 7.513) FM No(s): .428155-1-58-001 Maintaining Agency: City of Delray Beach Date: March 19, 2010 1. General Maintenance Re 4uirements 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 their 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. 1, 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 is recommendations prepared by the Landscape Architect of Record specific to. the attached approved plans. 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 inoperative 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 over -spray 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 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. Page 1 of 6 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. Patens, shrubs, trees and turf areas shall be fertilized in such a inanner and frequency to ensure that the plant material remains healthy and vigorously growing. Establishment of an integrated plant management program is encouraged to ensure healthy plants, which are free of disease and pests. Mulchinm: 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 that aids in lowering disease susceptibility. Cypress mulch is prohibited on state right of way. 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, and to specific pruning heights maintaining clear visibility for motorists, and vertical clearance for pedestrian, bicyclist, and truck traffic where applicable. Visibility windows must be maintained free of view obstructions and all trees and palms (with particular attention to fronds and fruit) 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 should be noted on the planting. plans. (See Specific Requirements and Recommendations per Approved Landscape & Irrigation Design for these guidelines). The understory plant materials selected for use within the restricted planting areas (Limits of Clear Sight) of the medians 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 Prograni (MRP) standards. Staking and Guying: All staking materials, except for replacements, are removed by 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 most current FDOT Maintenance Rating Program (MRP). Page 2 of 6 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 enlisting integrated pest management practices in areas specified on the plans and by maintaining proper mulch levels. Extreme care is recommended if using a chemical herbicide to avoid overspray onto plant materials. Any damage resulting from overspray is the applicator's responsibility to restore the plantings to the approved plans. Plant Replacement: Plant replaceinent 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 Consumers Services, Grades and Standards for Nursery Plants are permitted on FDOT roadways. Should it become necessary to change the species, a general use permit is required from FDOT for approval by the FDOT District Landscape Architect. Hardscape (Specialty Surfacing): All specialty pavers and tree grates 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), Section 23 14 13 Interlocking Concrete Pavers, Part 3.05. If the. pavers or tree grates become damaged, they shall be replaced with the same type and specification as the approved plan. Hardscape (Non - Standard Travelway 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 Rill 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, Constr action, 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, replace of the sign panel, post, and base. Page 3 of 6 Hardscape (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. Maintenance 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. Website: Series 600 Traffic Control through Work Zones htt : / /www.dot.state.fl.us /rddesi n /Desi nStandards /Standafds.litm Vegetation Management at Outdoor Advertising ODA In order to avoid conflicts with permitted outdoor advertising, please reference the FDOT website regarding the vegetation management of outdoor advertising. This web site provides a portal to search the FDOT's Outdoor Advertising Inventory Management System Database. The database contains an inventory of outdoor advertising structures, permits and other related information maintained by the Department. Website: Vegetation Management at Outdoor Advertising (ODA) littp://www2.dot.state.R.us/rip-litofway/Default.aspx Also, reference the FDOT Landscape Architecture web site (see References below) for information related to the Florida Statutes and Administrative Codes, Vegetation Management Zones, Application for Vegetation Management at Outdoor Advertising Signs and Mitigation Value of Roadside Vegetation. II. Specific Project Site Maintenance Requirements and Recommendations: There are two (2) types of turf proposed for this project. For the Stenotaphrum secundatum (St. Augustine), see part I Turf Mowing (page 2 of 6). For the Paspalum notatum `Seashore' (Seashore Paspalum), the turf grass shall be maintained per industry standards which is currently a height of no less than one half ( %z) inch and no taller than two (2) inches. A mowing schedule shall be developed to maintain these specified heights year -round based on seasonal growth rates. Maintain the Paspalum notatum `Seashore' appropriately to avoid thatch build up, which is particularly detrimental to the health of this sod species. De- thatching of the turf may be necessary. This may be accomplished by a vertical mowing (verticutting) technique. Accent Lip, ht!!Ia Furnishings will be low level directional luminaries manufactured by BEGA Lighting, model #8731MH and GARDCO Lighting, model DF7. See manufacturer's instructions for upkeep of this lighting. Page 4 of 6 REFERENCES American National Standard Institute, ANSI A300, (Part 1) for Tree Care Operations — Trees, Shrub, and Other Woody Plant Maintenance — Standard Practices (Pruning), available for purchase littp://wNvw.treespecialists.com/pdfs/pi-tiningst dards.pdf Florida Department of Agriculture and Consumer Services, Division of Plant Industry, Florida Grades and Standards for Nursery Stock, available for purchase hn://www.doacs.state.fl.us/pi/Tlaiitinsp/publications-litml Florida Department of Transportation, FDOT Design Standards for Design, Construction, Maintenance and Utility Operations on the State Highnvay Sys tent, Index 544 Landscape Installation http :/ /www dot state fl us /rddesign/rd/RTDS /08/544.pdf Florida Department of Transportation, FDOT Design Standards for Design, Construction, Maintenance and Utility Operations on the State Highway System, Index 546 Sight Distance at bt.tersections Litt : / /Nvww.dot.state.f .tis /rddesi rd/RTDS /08/545. df Florida Department of Transportation, FDOT Design Standards for Design, Construction, Maintenance and Utility Operations on the State Highway Systent, Index 700 Roadside Offsets lit!p://www.dot.state.fl.us/rddesip-n/rd/RTDS/08/700.adf Florida Department of Transportation, FDOT Plaits Preparation Manual (PPM) Vol. I Chapters 2.11.5, Horizontal Clearance to Trees; Table 2.11.9 Horizontal Clearance and Cleat- Zone; Figure 4.1.2 Clear Zone, and Table 25.4.11.1 Clear Zone Width (feet) and Table 25.4.14.6 (for existing) trees htt :// www. dot. state. fl. us /rddesi n/PPMManual/2008Nolumel /zCba 02. df Florida Department of Transportation, FDOT Standard Specifications for Road and Bridge Construction, Section 580 Landscape Installation http. :/ /www d6t.state fl us/ specificationsoffice /Impleinented/ Cut- rentBK/CiirrentSpecs /580.Vdf Florida Department of Transportation, Maintenance Rating Prograin. Handbook http://ombnet.dot.state.fi.us/procedures/bin/850065002.p df Florida Department of Transportation, Landscape Architecture Website littL)://-%vww.dot.state.fl.us/eino/beauty/beauty.shti n Interlocking Concrete Pavement Institute (ICPI) littn: / /www.icni.orW http: / /w,.vw.fisstate.org Page 5 of 6 International Society of Arboriculture (ISA) www.isa- arbor.com Manual on Unifoi7n Traffic Control Devices litti)://wwkv.mutcd.fliwa.dot.gov Florida Irrigation Society ht_p: / /www.fisstate.or Florida Department of Community Affairs (FCA), Florida Board of Building Codes & Standards, Florida Accessibility Code for Building Construction http://www.dea.state.fi.iis/fbe/ ublications /1 publications.111m Guide to Roadside Motiving and Guide to Tinf Management, available for purebase http:/ /infonet dot state fl us/ SupportServicesOffice /nlist.litm Accessible Sidewalk Videos (ADA) http://wvAv.access-board.gov/news/Sidewalk-videos.btm Page 6of6 MAINTENANCE PLAN Landscape Improvements Project State Road No(s): Project Limits., FM No(s): Maintaining Agency: RLA of Record: Date: SR 806 (Atlantic Avenue) from NW 121h Avenue (MP 7.513) to Swinton Avenue (MP 8.270) 426012 -1 -58 -001 City of Delray Beach Donaldson E, Hearing R.L.A. 943 March 09, 2010 I. General Maintenance Requirements 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 their 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. 1, 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 is recommendations prepared by tine Landscape Architect of Record specific to the attached approved plans. 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 over -spray 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 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. Page t of 7 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 plant management program is encouraged to ensure healthy plants, which are free of disease and pests. Mulching: 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 that aids in lowering disease susceptibility. Cypress mulch is prohibited on state right of way. 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, and to specific pruning heights maintaining clear visibility for motorists, and vertical clearance for pedestrian, bicyclist, and truck traffic where applicable. Visibility windows must be maintained free of view obstructions and all trees and palms (with particular attention to fronds and fruit) 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 should be noted on the planting plans. (See Specific Requirements and Recommendations per Approved Landscape & Irrigation Design for these guidelines). The understory plant materials selected for use within the restricted planting areas (Limits of Clear Sight) of the medians 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 RatingProgragl (MRP) standards. Staking and Guying: All staking materials, except for replacements, are removed by 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 most current FDOT Maintenance Rating Program (MRP). .Page 2 of 7 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 enlisting integrated pest management practices in areas specified on the plans and by maintaining proper mulch levels. Extreme care is recommended if using a chemical herbicide to avoid overspray onto plant materials. Any damage resulting from overspray is the applicator's responsibility to restore the plantings to the approved plans. 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 Consumers Services, Grades and Standards for Arurse y Plants are permitted on FDOT roadways. Should it become necessary to change the species, a general use permit is required from FDOT for approval by the FDOT District Landscape Architect. Hardsca e (Specialty Surfacing): All specialty pavers and tree grates 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), Section 23 14 13 Interlocking Concrete Pavers, Part 3.05. If the pavers or tree grates become damaged, they shall be replaced with the same type and specification as the approved plan. Hardscaue (Non- Standard Trayelway 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 Sate 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, replace of the sign panel, post, and base. Hardsca a (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 Page 3 of 7 become damaged, they shall be replaced with the same type and specification as the approved plan. 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. Website: Series 600 Traffic Control through Work Zones http• / /www dot state.fl.us/rddesim-dDesignStandards/Standards.litm Vegetation Management at Outdoor Advertising (ODA) 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. Website: FDOT Outdoor Advertising Database littt): / /www2 dot state fl us /rightofwg�LDefault.g x Also, reference the Florida Highway Beautification Program website link for Vegetation Management at ODA signs for the Florida Statutes and Administrative Codes related to Vegetation Management at Outdoor Advertising Signs and Permit Applications for Vegetation Management and Outdoor Advertising Signs determining Mitigation Value of Roadside Vegetation. Website: FDOT Environmental Management office for Landscape Architects ht!p://Nvww.dot.state.fl.us/emolbeauty/FLA.shtm Page 4 of 7 II. SUecific project Site Maintenance Requirements and Recommendations: The proposed landscape will provide new shrubs in all medians and new palms in those medians where tapers and sight line restrictions are not present. All median areas are irrigated. The Dwarf Crown of Thorns (EU) and Bromeliads are susceptible to root rot. Adjust depth of mulch to avoid root rot. Bromeliads may over time become overcrowded in the planting beds. If this distracts fiom the appearance of the Landscape, the City may thin out the beds. Any Bromeliads thinned out of the beds can be replanted offsite on other City properties if desired by the City of Delray Beach. The Blanchetiana Bromeliad will flower in the spring. Flower stalks may be removed after all the bracts are gone. Both the Donger Bromeliad (ND) and the Dwarf Crown of Thorns (EU) may require replacement in 4 -5 years intervals, much like annuals, to maintain a fresh appearance. All the proposed plant material has been selected for its xeriscape qualities and drought tolerance. Maintain the irrigation system to minimize overwatering. Bromeliads in particular do not perform well in overwatered conditions. Most of the existing trees and palms within road tapers and sight triangle lines are restricted from being replaced should they be removed or die. The existing irrigation system will be replaced, including new valves, irrigation heads, nozzles, fittings, pipes, controllers, clocks, etc. The existing meters and pressure valve breakers will be utilized. There are no ODA signs within the project limits. Page 5 of 7 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. American National Standard Institute, ANSI A300, (Part 1) for Tree Care Operations — Trees, Shrub, and Other Woody Plant Maintenance — Standard Practices (Pruning), available for purchase LiW2://www.treespecialists.cogi/ pdfs/pi-uiiinp§ta dards. d£ Florida Department of Agriculture and Consumer Services, Division of Plant Industry, Florida Grades and Standards for Nursery Stock, available for purchase littp://www.doacs.state.fl.us/12i/Tlantinsp/publications.htint Florida Department of Transportation, FDOT Design Standards for Design, Construction, Maintenance and Utility Operations on the State Highway System, Iridex 544 Landscape Installation littp://www.dot.state.fl.us/rddesignird TDS/0 /544.pdf 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 httL)://www.dot.state.fl.us/rddesign/ w d/RTDS/08/546.pdf Florida Department of Transportation, FDOT Design Standards for Design, Construction, Maintenance and Utility, Operations on the State Highway System, Index 700 Roadside Offsets http://www.dot.state.fl.us/rddesign/rd/RTDS/08/700.pd f 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 (for existing) trees http: / /wvArw.dot.state fl ush ddesigi/ PPMManual/2008 /Voliimel /zCllap02.1)df Florida Department of Transportation, FDOT Standard Specifications for Road and Bridge Construction, Section 580 Landscape Installation http :/ /www dot state fl us /specificationsoffice/ Implemented/ Curr.entBK/CurrentSi)ecs /580.adf Florida Department of Transportation, Maintenance Rating Program Handbook http://ombnet.dot.state.fl.us/procedures/bin/850065002.pd f Florida Department of Transportation, Landscape Architecture Website http•/ /www dot state fl us /eillo/beaitt�t/beauty.slitin Page 6 of 7 Interlocking Concrete Pavement Institute (ICPI) http: / /www.icpi.org/ http: / /www.fisstate .,org International Society of Arboriculture (ISA) www.isa- arbor.com Manual on Uniform Traffic Control Devices httn://www.miited.fliwa.dot.p,ov Florida Irrigation Society littp://www.fisstate-org Florida Department of Cominunity Affairs (FCA), Florida Board of Building Codes & Standards, Florida Accessibility Code for Building Construction http://www.dca.state.fl.tis/fbc/publications/I.- publications.htm Guide to Roadside Mowing acrd Guide to Tied .Management, available for purchase http://infoiiet.dot,state.fl.us/SupportServicesoffleg/ list.htm Accessible Sidewalk Videos (ADA) http://www.access-board.gov/ne,ws /sidcwalk-videos.htm Page 7 of 7 SECTION No.: 93030000 FM No.: 428155 -1 -58 -001 & 426012 -1 -58.01 Connected JPA Nos: & S.R. No.: 806 (Atlantic Avenue) 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. 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. FM No. 428155 -1 -58 -001 Anticipated Terms of a Separate Agreement I. FDOT PARTICIPATION: $199,760.00 AGENCY PARTICIPATION: No Match Required Via Separate Agreement II. APPROXIMATE LANDSCAPE IMPROVEMENT COST: $199,830.40 FM No. 426012.1 -58 -001 Anticipated Terms of a Separate Agreement FDOT PARTICIPATION: $200,000.00 AGENCY PARTICIPATION: No Match Required Via Separate Agreement II. APPROXIMATE LANDSCAPE IMPROVEMENT COST: $209,018.93 Amounts are approximate Page 13 of 13 STATE ROAD 806 - Delray Beach Gateway Statement of Probable Costs March 24, 2010 GRAND TOTAL $199,830.40 The Departments Participation Shall be Limited as provided by the Joint Participation Agreement. $110,628.50 Landscaping Sod Pas alum notatum SY $6.00 $15,510 Stenola hrum secundatum E7968 SY $2.50 $19,920 Shrubs TYPE Bou ainvillea'Barbara Karst' SIZE 7 at.; 48 "w!3 runners min., 16 EA $62.50 $1,000 Hamefia patens 3 a1.;18 "ht x i6" s r. 240 EA $10.00 $2,400 Helianthus debilis 1 al.; 6" ht x 6" s r 870 EA $4.50 $3,915 Muhlenber fa ca illaris i at.- 12 "ht x 6"'s pr 610 EA $3.75 $2,28 Ne hrole is falcate 3 al.; 16 "ht x 16 "s r 870 EA $10.00 $8,700 Philiodendron bifinnalifidum 3 al.; 20'ht x 20"s pr 148 EA $9.50 1,406 Serenoa Re ens 7 al.; 24'ht x 18 "s r 302 EA . $75.00 $22,650 Trees TYPE SIZE Bulnesta arborea 12' ht. x 5' s r. 2 -1 12" call er 3 EA $450.00 $1 350 Coccoloba uvifera 10' hl. x 6' s r. 1 EA 1 $185.00 $185 Quercus vir iniana 16' ht.x 8' s r.• 3" cats er 6 EA $800.00 $4,800 Ro stonia re is 8', 12' & 16' GW 15 EA $1,200.00 $18,000 Saba[ palmetto 12' -20' Clear Trunk 12 EA $165.00 $1 980 Tecomastans iht.x4's r. 0' 8EA $185.00 $1,480 Tree Relocallons 2 EA $210.00 $420 Quercus vir iniana 5 EA $100.00 $500 Sabal palmetto Tree Protection 1375 LF $3.00 $4,125 $42,901.50 Irrigation shrub bubblers 333 EA $12.00 $3,996 6" o u spray heads 63 EA $24.00 $1 512 12" popup spray heads 57 EA $28.00 $1,596 rotor heads 64 EA $45.00 $2,880 PVC laterals 6800 LF $3.00 $-2-0-,40-0- PVC main 1165 LF $4.50 $5,243 HDPE sleeves 2101 LF $5.00 $1,050 -$4625 zone valves wl box 25 EA $185.00 wire 6000 LF $0.20 $1,600 .$ 24,890.00 Li lit Low Level Luminaires; BEGA Model 8731 MH -- 26 EA1 $ 715.00 $ 18,590.00 Ground Mount Accent LW I; GARDCO Modef DF7 14 EA $ 450.00 1 $ 6,300.001 GRAND TOTAL $199,830.40 The Departments Participation Shall be Limited as provided by the Joint Participation Agreement. L / O U LL O W LU Lu z. LO' Q � U z ffil O � O M O S tO� n} M .�-( ap0t .-1 N O aC a0 Ci I' tMi ��p{� � �D tD O H O N v V1 !V O O Oi M O ..j N H Ifr V/ W N Vf iR U N VF !H VF Vk M VF tlt Vf om p b N N Ui n La O -i L Ol m H N Q z z Z V R' a M n M O Q s C�0 Q~i ri rd r1 ei M Nrl a C W En H Z H Z Z W z z z z z z z z Z w 4 £ o C W {+ v' z rn � u o cts W z z a tn ,i'i .a g Y J 4 t o O z x � K 0 X �f 00 X fOC t^ ~ W J [6 w O ip 0 e! U it I i 4 W t� }l k fD V 9k io # �k ih IA � m z u N gj z z w rn S, m E O z '... u O�.i O �. u :' o c E J w ofarm5 < O .. n a Q w Z i 6 u V 4 H .{ N H ~ N n 0 N e{ et ri r{ N � ~ a }z � q .4 L +'i+ � K .'�+ Ln '^ DUNS No. 077283737 CSFA No. 55.023 FM No. 428155- 1 -58 -01 FEID No: VF- 596.000 -308 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION JOINT PARTICIPATION AGREEMENT CONTRACT NUMBER THIS Agreement, entered into this day of 20 , 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 Delray Beach, a municipal corporation of the State of Florida, located at 434 S. Swinton Avenue, Delray Beach, Florida 33444, hereinafter called the PARTICIPANT. WITNESSETH WHEREAS, the DEPARTMENT and the PARTICIPANT are desirous of having the PARTICIPANT make certain improvements in connection with Financial Management (FM) Number 428155- 1 -58 -01 for landscape, hardscape and/or irrigation improvements at State Road 806 (West Atlantic Avenue) from State Road 9 (1 -95 Limited Access Right of Way) (M.P. 7.376) to NW 12th Avenue (M.P. 7.513) Delray Beach, Florida, herein after referred to as the Project. Refer to Exhibit "A" for a detailed Scope of Services and Exhibit "B" for a set of Production Plans attached hereto and made a part hereof; and, WHEREAS, the improvements are in the interest of both the PARTICIPANT and the DEPARTMENT and it would be more practical, expeditious, and economical for the PARTICIPANT to perform such activities; and, WHEREAS, the PARTICIPANT by Resolution No. ,20 , a copy of which is attached hereof, authorizes the proper officials to enter into this Agreement. adopted on hereto and made a part NOW, THEREFORE, in consideration of the mutual benefits to be derived from joint participation on the Project, the parties agree to the following: 1. The recitals set forth above are true and correct and are deemed incorporated herein. 2. The PARTICIPANT shall be responsible for assuring that the Project complies with all applicable Federal, State and Local laws; rules, regulations, guidelines and standards, and will not discriminate on the grounds of race, color, religion, sex, national origin, age or disability in the performance of work under the Agreement. 3. The DEPARTMENT agrees to make all previous studies, maps, drawings, surveys and other data and information pertaining to the Project available to the PARTICIPANT at no extra cost. 4. The PARTICIPANT shall have the sole responsibility for resolving claims and requests for additional work for the Project. The PARTICIPANT will make best efforts to obtain the DEPARTMENT's input in its decisions. Page 1 of 14 DUNS No. 077283737 CSFA No. 55.023 FM No. 428155- 1 -58 -01 FELD No: VF -596- 000 -308 5. The total cost of the Project is estimated at One Hundred Ninety -nine Thousand Seven Hundred Sixty Dollars and No Cents ($199,760.00). The DEPARTMENT agrees to pay one hundred percent (100 %) of the total actual cost of the Project, up to a maximum amount of $199,760.00 for actual costs incurred. The PARTICIPANT shall submit progress billings to the DEPARTMENT on a quarterly basis. The balance of the Project cost shall be the sole responsibility of and paid by the PARTICIPANT. The PARTICIPANT acknowledges and agrees that the DEPARTMENT'S obligation to make payment under the AGREEMENT is contingent upon an annual appropriation by the Florida legislature. 6. The PARTICIPANT will comply with the Federal and /or State Audit provisions set forth in Exhibit "C" and Exhibit "D" which are attached hereto and made part of this Agreement. 7. The PARTICIPANT must obtain a permit from the DEPARTMENT before the PARTICIPANT may proceed with construction of the Project. 8. This Agreement and any interest herein shall not be assigned, transferred or otherwise encumbered by the PARTICIPANT under any circumstances without the prior written consent of the DEPARTMENT. However, this Agreement shall run to the DEPARTMENT and its successors. 9. Except as otherwise set forth herein, this Agreement shall continue in effect and be binding to both the PARTICIPANT and the DEPARTMENT until the Project is accepted in writing by the DEPARTMENT'S Project Manager as complete, or December 31, 2011, whichever occurs first. 10. The PARTICIPANT shall agree to maintain all landscape improvements at its sole cost and expense and in accordance with the terms of the Landscape Maintenance Memorandum of Agreement attached hereto and made a part hereof as Exhibit E. 11. Upon completion and certification of Project, the PARTICIPANT must submit the final invoice to the DEPARTMENT within 180 days after the final acceptance of the Project which follows the 365 day warranty period. Invoices submitted after the 180 day time period will not be paid. 12. Payment shall be made only after receipt and approval of goods and services unless advance payments are authorized by the Department of Financial Services under Section 215.422(94), Florida Statutes, or by the DEPARTMENT'S Comptroller under Section 334.004(29), Florida Statutes. 13. If this Agreement involves units of deliverables, then such units must be received and accepted in writing by the Project Manager prior to payments. The Department will render a decision on the acceptability of services within 10 working days of receipt of a progress report. The Department reserves the right to withhold payments for work not completed, or work completed unsatisfactorily, or work that is deemed inadequate or untimely by the Department. Any payment withheld will be released and paid to the PARTICIPANT promptly when work is subsequently performed. 14. Bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper pre -audit and post -audit thereof. Page 2 of 14 DUNS No. 077283737 CSFA No. 55.023 FM No. 428155- 1 -58 -01 FEID No: VF- 596.000 -308 15. PARTICIPANT providing goods and services to the DEPARTMENT should be aware of the following time frames. The DEPARTMENT has (10) ten working days to inspect and approve the goods and services where working day is defined as any day of the week excluding Saturday, Sunday and any legal holiday as designated in Section 190.117, Florida Statutes. The DEPARTMENT has (20) twenty working days to deliver a request for payment (voucher) to the Department of Financial Services. The (20) twenty working days are measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved. 16. If a payment is not available within (40) forty days, a separate interest penalty at a rate as established pursuant to Section 55.03(1), Florida Statutes, will be due and payable, in addition to the invoice amount, to the PARTICIPANT. Interest penalties of less than one (1) dollar will not be enforced unless the PARTICIPANT requests payment. Invoices that have to be returned to a PARTICIPANT because of PARTICIPANT preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the DEPARTMENT. 17. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for contractors /vendors who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 413 -5516 or by calling the Department of Financial Services Hotline at 1- 877 - 693 -5236. 18. Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the DEPARTMENT at all times during the period of this Agreement and for five years after final payment is made. Copies of these documents and records shall be furnished to the DEPARTMENT upon request. Records of costs incurred include the PARTICIPANT'S general accounting records and the Project records, together with supporting documents and records, of the contractor and all subcontractors performing work on the Project, and all other records of the Contractor and subcontractors considered necessary by the Department for a proper audit of costs. 19. In the event this contract is for services in excess of TWENTY -FIVE THOUSAND DOLLARS ($25,000.00) and a term for a period of more than one year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated: "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 such 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 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." Page 3 of 14 DUNS No. 077283737 CSFA No. 55.023 FM No. 428155- 1 -58 -01 FEID No: VF- 596 - 000 -308 20. The PARTICIPANT warrants that it has not employed or obtained any company or person, other than bona fide employees of the PARTICIPANT, to solicit or secure this Agreement, and it has not paid or agreed to pay any company, corporation, individual or firm, other than a bona fide employee employed by the PARTICIPANT. For breach or violation of this provision, the DEPARTMENT shall have the right to terminate the Agreement without liability. 21. With respect to any of the PARTICIPANT'S agents, consultants, sub consultants, contractors and / or sub contractors, such party in any contract for this Project 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, sub consultants, contractors and / or sub contractors. The PARTICIPANT 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 does not cover or indemnify the DEPARTMENT for its own negligence. 22. This Agreement is governed by and construed in accordance with the laws of the State of Florida. In the event it becomes necessary for the DEPARTMENT or PARTICIPANT to institute suit for the enforcement of the provisions of this AGREEMENT, each party shall be responsible to pay their own attorney fees and court costs. Venue with respect to such litigation shall be in Broward County, Florida. 23. This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained herein, and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this document except the Landscape Maintenance Memorandum of Agreement between the DEPARTMENT and the PARTICIPANT which is included as Exhibit E. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representation or agreements whether oral or written. It is further agreed that no modification, amendment, or alteration in the terms and conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 24. Any or all notices (except invoices) given or required under this Agreement shall be in writing and either personally delivered with receipt acknowledged or sent by certified mail, return receipt requested. All notices delivered shall be sent to the following addresses: If to the DEPARTMENT: State of Florida Department of Transportation 3400 West Commercial Blvd. Ft. Lauderdale, FL 33309 -3421 Attention: Elisabeth A. Hassett, R.L.A. FDOT District IV Landscape Architect A second copy to: Office of the General Counsel Page 4 of 14 If to the PARTICIPANT: City of Delray Beach 434 S. Swinton Avenue Delray Beach, Florida 33444 Attention: Randal Krejcarek, P.E. With a copy to: City Attorney DUNS No. 077283737 CSFA No. 55.023 25. LIST OF EXHIBITS FM No. 428155.1 -58 -01 FEID No: VF -596 -000 -308 Exhibit A: Scope of Services Exhibit B: Project Plans Exhibit C: Federal and /or State Funded Contracts Exhibit D: Authorization Exhibit E: Landscape Maintenance Memorandum of Agreement IN WITNESS WHEREOF, this Agreement is to be executed below for the purposes specified herein. Authorization has been given to enter into and execute this Agreement by Resolution No. , hereto attached. AGENCY (CITY OF DELRAY BEACH) am Chairperson /Mayor Attest: Clerk Legal Review Attorney (SEAL) Date STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: Transportation Development Director Attest: Executive Secretary Legal Review Office of the General Counsel Page 5 of 14 (SEAL) Date DUNS No. 077283737 CSFA No. 55.023 EXHIBIT A SCOPE OF SERVICES FM No. 428155.1 -58 -01 FE11D No: VF -596- 000 -308 The PARTICIPANT (City of Delray Beach) agrees to make certain landscape improvements on State Road 806 (West Atlantic Avenue) from State Road 9 (1 -95 Limited Access Right of Way) (M.P. 7.376) to NW 12th Avenue (M.P. 7.513) Delray Beach, Florida, and will subsequently furnish, construct, and inspect the landscape, hardscape, and /or irrigation as shown in the plans and specifications prepared by Harry Belton, RLA, of Post, Buckley, Schuh, & Jernigan. The following conditions shall apply: (a) The current Florida Department of Transportation Design Standard Index 546 must be adhered to. (b) Clear zone /horizontal clearance as specified in the Plans Preparation Manual — English Volume 1, Chapter 2 and Department Design Standard Index 700 must be adhered to. (c) Landscape materials shall not obstruct roadside signs or the 500 ft. view zone for permitted outdoor advertising signs per Florida Statutes 479.106. (d) Landscape, hardscape, and /or irrigation materials shall be of a size, type and placement so as not to impede large machine mowing that the DEPARTMENT currently provides and will continue to provide at the same frequency. (e) Should the PARTICIPANT elect to design, furnish and construct irrigation, all costs associated with water source connection(s), continued maintenance of the distribution system and water, and electricity costs shall be born solely by the PARTICIPANT. All permits (including tree permits), fees, and any mitigation associated with the removal, relocation or adjustments of these improvements are the PARTICIPANT'S responsibility. (f) During the installation of the Project and future maintenance operations, maintenance of traffic shall be In accordance with the current edition of the MUTCD and the current Department Design Standards (series 600). (g) The PARTICIPANT shall secure a permit from the DEPARTMENT prior to the commencement of any work. The Engineer of Record (EOR) shall meet with Permit Staff prior to permit application and provide the local maintenance office located at: FOOT Palm Beach Operations, 7900 Forest Hill Blvd., West Palm Beach, FL 33413 (561) 432 -4966, a twenty -four (24) hour telephone number and the name of a responsible person that the DEPARTMENT may contact. The PARTICIPANT shall notify the local maintenance office 48 hours prior to the start of the Project and provide as -built plans at project completion. (h) If there is a need to restrict the normal flow of traffic it shall be done on Monday through Friday during off -peak hours (9 AM to 3 PM), and the party performing such work shall give notice to the local law enforcement agency within whose jurisdiction such road is located prior to commencing work on the Project. The DEPARTMENT'S Public Information Office shall also be notified by phone at 954 -777 -4092. (i) The PARTICIPANT shall be responsible to clear all utilities within the Project limits. Page 6 of 14 DUNS No. 077283737 FM No. 428155 -1 -58.01 CSFA No. 55.023 FEID No: VF- 596.000 -308 EXHIBIT B PROJECT PLANS Please see attached plans prepared by: PBS &J. 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Ch QQ n oil Js 'O'1'd'fWfZ -S--%9 37ARI H30A'A 037V3S OAV 03.4CI5 ill/ JIHONJOM 3HJ $I J33HS SlHJ d0 N V W Q 0 1 z I Y UJ W J 4 �4. a � t L3� w VaZ c yx,1 lu Jpyn ~ x N cwi p 041 j<+'�j bNW ` O pO� it pWWCI ¢00 a�lx O zzl.Fx.O tiWx 3 ti V KaO ~ SV WN~ Q C~ OQQ� l�nOx�xj Cj�OK J � my qq ti K � mg K mot° � 3WLLapN 3; �ti1� V1hp Z 11p,� y�y � < Wyama es OZ a3ga 4W°jo O�W (O�� yl $ uxi�N 2y `pp a''¢1 p�p<�; �O Qq4� .22 q l.,�W m tLiltiW q QQti h V Z W ? _ a QQti 2 �q �WaW ^ ?00 O �ti�m JAW j jWW 2 .V QN•2¢ yZj j q g 2 V i 2ONh N wpOpW /100 Q qp(�1 S h i'M ¢b W ..�RIQwQ-qo Qiq yAWC �VI KM 1� qOU� Q Oy 3F O�U IoQ > .1a1: b w Qa �i o Qiac�i ° al'S 02 _h V m V 4 i eiW ptiN �O R0.W� _ Ott qO QI� kq..• ZS2 W uOO } lair /O. W�� O VUN, I O 0. 1R1�' x pN2q 1` W � � /. OO pJp 2 W22 4� QW� �`� /h,4 •� Wp V O 1' +cpiCr o qy� 4 ~ t��dN 2�� ° U 1� u1Qh° �Nh ti�2Q 2582 2p VN�V Cb �g¢ qb OQ Z.i`n2 u2 cWi� x, 4L W 2 N V Q2 Zxa 0.L mqU Nb n34O H 0. �4a4 NQ h$K o~ 4 � NQ M3� v~ N V W Q 0 1 z I Y UJ W J 4 �4. a � t L3� DUNS No. 077283737 CSFA No. 55.023 TM No. 428155- 1 -58 -01 FEW No: VF- 596- 000 -308 EXHIBIT C FEDERAL AND/OR STATE FUNDED CONTRACTS The administration of resources awarded by the Department to the CITY OF DELRAY BEACH may be subject to audits and /or monitoring by the Department, as described in this section. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A -133 and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on -site visits by Department staff, limited scope audits as defined by OMB Circular A- 133, as revised, and /or other procedures. By entering into this agreement, the recipient agrees to comply and cooperate fully with any monitoring procedures /processes deemed appropriate by the Department. In the event the Department determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department staff to CITY OF DELRAY BEACH regarding such audit. CITY OF DELRAY BEACH further agrees to comply and cooperate with inspections, review, investigations, or audits deemed necessary by the FDOT's Office of Inspector General (OIG) and Florida's Chief Financial Officer (CFO) or Auditor General. AUDITS PART 1: FEDERALLY FUNDED Recipients of federal funds (i.e. state, local government, or non - profit organizations as defined in OMB Circular A -133, as revised) are to have audits done annually using the following criteria: 1. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must have a single or program - specific audit conducted in accordance with the provisions, of OMB Circular A -133, as revised. This agreement indicates Federal resources awarded through the Department by this agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A -133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions OMB Circular A -133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, paragraph 1., the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A -133, as revised. 3. If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A -133, as revised, is not required. However, if the recipient elects to have an audit conducted in accordance with, the provisions of OMB Circular A -133, as revised, the cost of the audit must be paid from non - Federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). Page 8 of 14 DUNS No. 077283737 TM No. 428155- 1 -58 -01 CSFA No. 55.023 FEID No: VF- 596- 000 -308 4. Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number, award number and year, and name of the awarding federal agency. PART II: STATE FUNDED Recipients of state funds (i.e. a nonstate entity as defined by Section 215.97(2)(1), Florida Statutes) are to have audits done annually using the following criteria: In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year, the recipient must have a State single or project- specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services and the CFO; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for - profit organizations), Rules of the Auditor General. This agreement indicates state financial assistance awarded through the Department by this agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass - through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part II, paragraph 1, the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(d), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for- profit organizations), Rules of the Auditor General. 3. If the recipient expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. However, if the recipient elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the nonstate entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). 4. State awards are to .be identified using the Catalog of State Financial Assistance (CSFA) title and number, award number and year, and name of the state agency awarding it. PART III: OTHER AUDIT REQUIREMENTS The recipient shall follow. up and take corrective action on audit findings. Preparation of a summary schedule of prior year audit findings, including corrective action and current status of the audit findings is required. Current year audit findings require corrective action and status of findings. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed or the dispute is resolved. Access to project records and audit work papers shall be given to the FDOT, the Department of Financial Services, and the Auditor General. This section does not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any other state official. Page 9 of 14 DUNS No. 077283737 FM No. 428155- 1 -58 -01 CSFA No. 55.023 FFID No: VF -596- 000 -308 PART IV: REPORT SUBMISSION Copies of reporting packages for audits conducted in accordance with OMB Circular A- 133, as revised, and required by PART I of this agreement shall be submitted, when required by Section .320 (d), OMB Circular A -133, as revised, by or on behalf of the recipient directly to each of the following: A. The Department at the following address: Florida Department of Transportation 3400 W. Commercial Blvd. Ft. Lauderdale, FL 33309 Karen Maxon, District Single Audit Liaison B. The Federal Audit Clearinghouse designated in OMB Circular A -133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A- 133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 C. Other Federal agencies and pass - through entities in accordance with Sections .320 (e) and (f), OMB Circular A -133, as revised. 2. In the event that a copy of the reporting package for an audit required by PART I of this agreement and conducted in accordance with OMB Circular A -133, as revised, is not required to be submitted to the Department for reasons pursuant to Section .320 (e)(2), OMB Circular A -133, as revised, the recipient shall submit the required written notification pursuant to Section .320 (e)(2) and a copy of the recipient's audited schedule of expenditures of Federal awards directly to the following: Florida Department of Transportation 3400 W. Commercial Blvd. Ft. Lauderdale, FL 33309 Karen Maxon, District Single Audit Liaison In addition, pursuant to Section .320 (f), OMB Circular A -133, as revised, the recipient shall submit a copy of the reporting package described in Section .320 (c), OMB Circular A -133, as revised, and any management letters issued by the auditor, to the Department at the following address: Florida Department of Transportation 3400 W. Commercial Blvd. Ft. Lauderdale, FL 33309 Karen Maxon, District Single Audit Liaison Page 10 of 14 DUNS No. 077283737 FM No. 428155 - 1.58 -01 CSFA No. 55.023 FEID No: VF- 596. 000 -308 3. Copies of financial reporting packages required by PART II of this agreement shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department at the following address: Florida Department of Transportation 3400 W. Commercial Blvd. Ft. Lauderdale, FL 33309 Karen Maxon, District Single Audit Liaison B. The Auditor General's Office at the following address: Auditor General's Office Room 401, Pepper Building 111 West Madison Street Tallahassee, Florida 32399 -1450 4. Copies of reports or the management letter required by PART III of this agreement shall be submitted by or on behalf of the recipient directly to: A. The Department at the following address: Florida Department of Transportation 3400 W. Commercial Blvd. Ft. Lauderdale, FL 33309 Karen Maxon, District Single Audit Liaison 5. Any reports, management letter, or other information required to be submitted to the Department pursuant to this agreement shall be submitted timely in accordance with OMB Circular A -133, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for - profit organizations), Rules of the Auditor General, as applicable. 6. Recipients, when submitting financial reporting packages to the Department for audits done in accordance with OMB Circular A -133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for- profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. PART V: RECORD RETENTION 1. The recipient shall retain sufficient records demonstrating its compliance with the terms of this agreement for a period of at least five years from the date the audit report is issued, and shall allow the Department, or its designee, CFO, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department, or its designee, CFO, or Auditor General upon request for a period of at least five years from the date the audit report is issued, unless extended in writing by the Department. Page 11 of 14 DUNS No. 077283737 CSFA No. 55.023 EXHIBIT D AUTHORIZATION: SECTION 339.24 & 339.205, Florida Statutes FM No. 428155.1 -58.09 FR ID No: VF -596. 000.308 FEDERAL and/or STATE resources awarded to the recipient pursuant to this agreement should be listed below. If the resources awarded to the recipient represent more than one Federal or State program, provide the same information for each program and the total resources awarded. Compliance Requirements applicable to each State program should also be listed below. If the resources awarded to the recipient represent more than one program, list applicable compliance requirements for each program in the same manner as shown here: STATE RESOURCES Agency: City of Delray Beach FM #:428155- 1 -58 -01 State Agencv Catalog of State Financial Assistance (Number & Title) Amount FDOT 55.023 State Highway Project Reimbursement (Department of Transportation) $199,760.00 Compliance In developing audit procedures to test compliance with the requirements Requirement: for a state project, the auditor should first look to Part Two, Matrix of Compliance Requirements, to identify which of the 10 types of compliance requirements described in Part Three of the Compliance Supplement are applicable and then look to Parts Three and Four for the details of the requirements. Activities Under the terms of the Highway Beautification Grant Agreement allowable Allowed: activities include: • Installation of landscaping on the highway facility as specified in the landscape plan in conformance with Rule 14- 40.003, Florida Administrative Code, and the "Florida Highway Landscape Guide ". Any deviation from the approved landscape plan requires the approval of the Department; (Agreement Provision 1) • Maintenance of the landscaping within the median and areas outside the travel way within the right of way line in accordance with the Landscape Maintenance Plan included in the agreement and consistent with the requirements of Rule 14- 40.003(5), Florida Administrative Code. Any deviation from the Landscape Maintenance Plan requires the written approval of the Department; and (Agreement Provision 2) • Landscape installation and maintenance activities that are in accordance with the Maintenance of Traffic Plan included in the agreement and Rule 14.003, Florida Administrative Code. (Agreement Provision 3) Page 12 of 14 DUNS No. 077283737 CSFA No. 55.023 FM No. 428155- 1 -58 -01 FFID No: VF- 596- 000 -308 Allowable Grants provide for the costs of purchase and installation of a sprinkler Costs: system, the cost of plant materials and fertilizer, and may provide for the costs for labor associated with the installation of the plantings. Each recipient that receives a grant is responsible for any costs for water, for the maintenance of the sprinkler system, for the maintenance of the landscaped areas in accordance with a maintenance agreement with the Department, and, except as otherwise provided in the grant, for any costs for labor associated with the installation of the plantings. (Section 339.2405(11), Florida Statutes) Cash See Part Three. Management: Matching: A 50 percent or more of like -kind match by the recipient is encouraged. Period of Grant recipients have one year from date of grant award letter to complete Availability: landscape plans and execute necessary agreements. Page 13 of 14 DUNS No. 077283737 CSFA No. 55.023 FM No. 428155- 1 -58 -01 FEW No: VF- 596- 000 -308 EXHIBIT E LANDSCAPE MAINTENANCE MEMORANDUM OF AGREEMENT Page 14 of 14 SECTION No.: 93030000 FM No.: 428155 -1 -58 -001 & 426012- 1 -58 -01 Connected JPA Nos: & S.R. No.: 806 (Atlantic Avenue) DISTRICT FOUR (4) LANDSCAPE MAINTENANCE MEMORANDUM OF AGREEMENT THIS AGREEMENT, made and entered into this day of . 20_, 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 Delray Beach, a political subdivision existing under the Laws of Florida, hereinafter;called the AGENCY. WITNESSETH: WHEREAS, the DEPARTMENT has jurisdiction over..,: State Road.:. 806 as part of the State Highway System as described in Exhibit A; and WHEREAS, the AGENCY seeks to install and maintain certain landscape improvements within the right of way of State Road 806 (Atlantic Avenue} a's described within Exhibit B; and WHEREAS, as part of the continual updating of�,t,heState of Florida Highway System, the DEPARTMENT, for the purpose of safety protegon'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, ith he corporate limits of the AGENCY; and WHEREAS, the AGENCY.,ls of the opinion that highway facilities within the AGENCY'S limits that contain landscape improve, onts,(piant materials, irrigation system and/or hardscape) to medians and areas outslde:;the': r'avelway to the right of way line and areas within the travelway that may contain specialty'surtacing (concrete pavers, and /or stamped asphalt or stamped concrete), inclddirig any: other hardscape (if applicable), but excluding standard concrete sidewalk, shell.- be.,maintained by periodic pruning, mowing, fertilizing, weeding, litter pick -up, necessary replanting, irrigation repair and/or repair of any median concrete replacements associated wlth'the specialty surfacing (if applicable) as needed; and WHEREAS, `.lt ;Js the intent of the AGENCY and the DEPARTMENT that the AGENCY shall maintain ail; right of way within the medians, outside the travelway and improvements made to. tle;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 13 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 AGENCY shall install and agrees to maintain the landscape improvements described herein 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 Exhibit B. Hardscape shall; mean, but not be limited to: any landscape accent lighting, fountain, tree grates, decorative free standing wall, and /or sidewalk, median and roadway specialty surfacing such'as, but;not limited to: concrete pavers, stamped asphalt or stamped concrete. (a) All plant materials shall be installed and maintained in` strict accordance with sound nursery practice prescribed by the International Society of Arboriculture (ISA); all plant materials installed shall be Florida #1 orb ®tter according to the most current edition of Florida Department of Agriculture, Florida Grades and Standards for Nursery Stock; and all trees shall meet ,Florida Power & Light, Right Tree, Right Place, South Florida. (b) Trees and palms within the right =of =way shall be installed and pruned to prevent encroachment to roadways, clear :'.zones and : sidewalks. Definition of these criteria is included in the most current editions of'FDOT standards for design, construction, maintenance, and utility operations onithe state highway system. (c) Tree and palm pruning shall'be supervised by properly trained personnel trained in tree pruning.,; techniques and shall meet the most current standards set forth by the International Society of Arboriculture (ISA) and the American National Standard institute (ANSI), Part A -300 and be licensed by Broward County Environment Protection Department to perform this work. (d) Irrigation in :'11" tion and maintenance activities shall conform to the standards set forth.. by the Florida Irrigation Society (FIS) latest edition of FIS, Standards and Sae ;..ml ions for Turf and Landscape Irrigation Systems. ,(e),• The; °,;AGENCY shall provide the DEPARTMENT accurate as -built plans of the system so if in the future there is a need for the DEPARTMENT to perform work in the'area, the system can be accommodated as much as possible. (f), If it becomes necessary to provide utilities (water /electricity) to the median or side areas, it shall be the AGENCY'S responsibility to obtain a permit for such work through the local maintenance office and the AGENCY shall be responsible for all associated fees for the installation and maintenance of these utilities. (g) All hardscape shall be installed and maintained in strict accordance with the most current edition of the Florida Accessibility Code for Building Construction and the Interlocking Concrete Pavement institute (ICPI). Page 2 of 13 (h) As described in the plans, Exhibit B and further described in Exhibit E for specialty surfaces. (i) All activities, including landscape improvements installation and future maintenance operations performed on State highway right -of -way, must be in conformity with the most current edition of the Manual on Uniform Traffic Control (MUTCD) and FDOT Design Standards, Index 600 Series, Traffic Control through Work Zones. Q) The most current edition of FDOT Design Standards, Index 546 must be.adhered to. (k) Horizontal Clearance and Clear Zone as specified in the FQQT `�Pmans Preparation Manual, Volume 1, Chapters 2 and 4 and FDOT Design Standards; Index 100 must be adhered to. (1) Landscape improvements shall not obstruct roadside signs or permitted outdoor advertising signs, (see Florida Administrative .Code,, [F.A Q.] Rule Chapter 14 -40, Part 1 and Part II1.) (m) The AGENCY shall provide the local FDOT `operation Center, located at Palm Beach Operations, 7900 Forest Hill Blvd ,._W .est, Palm Beach, FL 33413 (561) 432- 4966, a twenty -four (24) hour telephone ' numb -er and the name of a responsible person that the DEPARTMENT`may;.contact. The AGENCY shall notify the local maintenance office forty -eight .,(48) 'flours prior to the start of the landscape improvements. (n) If there is a need to,;restrict the normal flow of traffic, it shall be done on off -peak hours (9 AM to 3 PM), .and,,the party performing such work shall give notice to the local law enforcement `agency within whose jurisdiction such road is located prior to commencing work_, on "the landscape improvements. The DEPARTMENT'S Public Information Office shall also be notified. (o) The .AGENCY shall be responsible to clear all utilities within the landscape improvement limits. (p)= The AGENCY shall follow the minimum level of maintenance guidelines as set forEl:;, in . FDOT'S Rule Chapter 14 -40 Highway Beautification and Landscape Man,, Bement, in the FDOT Guide to Roadside Mowing and Maintenance "`Mangement System, and Exhibit C, the Maintenance Plan for maintenance ` " =activities for landscape improvements. 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 defined as: plant materials, irrigation, and / or hardscape within the medians and areas outside the travelway to the right of way line and areas within the travelway containing specialty Page 3 of 13 surfacing as existing and as described in Exhibit B. The non - standard improvements outside the travelway shall be maintained by the AGENCY regardless if the said improvement was made by the DEPARTMENT, the AGENCY, or others by periodic pruning, mowing, 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, Exhibit E and Exhibit F, the Specialty Surfacing Maintenance. The AGENCY'S responsibility for maintenance shall include all landscaped / turfed and hardscape areas within the median and areas outside the travelway to the right -of -way and areas. within,.,the travelway containing specialty surfacing. 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 on DEPARTMENT right -of -way within the limits of this Agreement: B. Such maintenance to be provided by the AGENCY is specifically` "set out as follows: to maintain, which means to properly water and fertilize. ailplants; 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 4..79:;106 and,.for those using the roadway and /or sidewalk; (3) preventing any other potential °xoadway hazards. Plants shall be those items which would be scientifically classified as plants and include but are not limited to trees, 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 landscape improvements project standards. Palms shall be kept fruit free year round. To maintain also means 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 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 -. way line:`' All plants removed for whatever reason shall be replaced by plants of the same;,species type, size, and grade as specified in the original plans and specifications. Any chonges to the original plans shall be submitted by permit application to the DEPARTMENT for review and approval. 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 system including, but not 'lirriited to the impact and connection fees, and the on -going cost of utility usage for water `'arid electrical, are the maintaining AGENCY'S responsibility. 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. Page 4 of 13 4. NOTICE OF MAINTENANCE DEFICIENCIES A. If at any time after the AGENCY has undertaken the landscape improvements installation and /or maintenance responsibility 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, to placing said AGENCY on notice thereof. Thereafter, the AGENCY shall have a period of thirty (30) calendar days within`wtich to correct the cited deficiencies. If said deficiencies are not corrected 'within •.this time period, the DEPARTMENT may, at its option, proceed as follows: (4) Complete the installation, or part thereof, with the DEPARTMENT or Contractor's personnel and deduct the cost of such work from the final 'payment:for said work or part thereof, or /and (2) Maintain the landscape improvements or any part'thereofk with the DEPARTMENT or Contractor's personnel and invoice the AGENCY for ;expenses incurred, and /or (3) Terminate the Agreement in accordance with "; :Paragraph 9, and remove, by the DEPARTMENT or private Contractor.'s''- personnel, all of the landscape improvements installed under thi&Adreement or any preceding Agreements except as to trees and palms and /or_ charge.;th.e AGENCY the reasonable cost of such removal. B. The AGENCY agrees to reimburse? the :.bEPARTMENT all monies expended for the landscape improvements,.; ;should the `landscape improvements fail to be maintained in accordance with the terry s.,ar d conditions of this Agreement in the amounts listed in those plans. 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 The-.,.AGENCY shall be given sixty (60) calendar day's notice to remove said landscape/hardscape 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: Page 6 of 13 (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 or hardscape improvements within the limits: ' of - the right of -way identified in Exhibit A of this Agreement. The AGENCY shall be responsibl.e.1or maintaining under this agreement those improvements subject to the following conditions: (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 sk Il 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. AGENCY REIMBURSEMENT The DEPARTMENT and the AGENCY intend to enter into a separate agreement as further described,in'Exhibit D attached hereto and made a part hereof. The ,':DEPARTMENT shall be invited to assist the AGENCY in final inspections before acceptanceof the job by the AGENCY. The DEPARTMENT must approve the landscape improvements before the contractor is released. 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. Page 6 of 13 (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 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. 11. LIABILITY AND INSURANCE REQUIREMENTS A. With respect to any of the AGENCY'S agents, consultants, sub"consult6rits; "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, 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 stall include the following provisions: (a) AGENCY'S contractor shall at ali.,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'.,: : 0ensation 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 ttt'e Comprehensive General Liability and Worker's Compensation policy_ witho t. restrictive endorsements, as filed by the Insurance Services Office. The AGENCY and DEPARTMENT shall be named as additional insured on such policies, which"policies shall accordingly be endorsed. The AGENCY shall deliver proof of 'such coverage to the DEPARTMENT. (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. Page 7 of 13 12. 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. 13. The DEPARTMENT, during any fiscal year, shall not expend money, incur any liability, nor 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`'irito'any;such contract or other binding commitment of funds. Nothing herein contained shall. prevent the making of contracts for periods exceeding one year, but any contracf so made shall be executory only for the value of the services to be rendered or agreedto 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 periodof ,more than one year. 14. 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. 15. This Agreement may not be assigned or`'transferred�by the AGENCY, in whole or in part, without the prior written consent of the" e 'DEPARTMENT. 16. This Agreement shall be governed bye :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 de_ termine the forum and venue in which any dispute under this agreement is decided', 17. 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: )f to the DEPARTMENT: `State of Florida Department of Transportation 3400 West Commercial Blvd. Ft. Lauderdale, FL 33309 -3421 Attention: Elisabeth A. Hassett, R.L.A. FDOT District IV Landscape Architect Page 8 of 13 If to the AGENCY: City of Delray Beach 434 S. Swinton Avenue Delray Beach, Florida 33444 Attention: Randal Krejcarek, P.E. With a copy to: City Attorney 18. LIST OF EXHIBITS Exhibit A: Landscape Improvements Location & 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. AGENCY (CITY OF DELRAY BEACH) STATE OF FLORI DEPARTMENT 0 By' By: ATION Chairperson /Mayor Transportation.;Devefopment Director Attest: Clerk Legal Review Attorney (SEAL) Attest::. (SEAL) Office of the General Counsel Page 9 of 13 SECTION No.: 93030000 FM No.: 428155 -1 -58 -001 & 426012- 1 -58 -01 Connected JPA Nos: & S.R. No.: 806 (Atlantic Avenue) EXHIBIT A = ROADWAY PROJECT LOCATION AND LANDSCAPE IMPROVEMENTS' LOCATION MAINTENANCE BOUNDARIES FM No. 428155 -1 -58 -001 1. LANDSCAPE IMPROVEMENTS LOCATION: State Road 806 (Atlantic Avenue) from SR 9 (1 -95 Limited *-,Access,,Right of Way) (M.P. 7.376) to NW 121" Avenue (M.P. 7.513). II. LIMITS OF MAINTENANCE FOR LANDSCAPE IMPROVEMENTS: State Road 806 (Atlantic Avenue) medians' and areas outside the travelway to the right of way line and areas within the travelway from'SR 9`(I -95 Limited Access Right of Way) (M.P. 7.376) to NW 121" Avenue (M.P. 7.513). FM No. 426012 -1 -58 -001 I. LANDSCAPE IMPROV State Road 806 8.270). II. LIMITS OF ICI State Road 806 line arid-areas v III. LANDSCAPI TION: NW 12" Avenue (M.P.7.513) to Swinton Avenue (M.P. FOR LANDSCAPE IMPROVEMENTS: ntic Avenue) medians and areas outside the travelway to the right of way the travelway from NW 12'" Avenue (M.P.7.513) to Swinton Avenue (M.P. IMPROVEMENTS MAINTENANCE MAP: See attached project location maps and areas to be maintained by the city Page 10 of 13 Hatched area to be maintained. BEGIN PROJEC RFGM 1ANDSCAPE, LU STAFJON SURVEY SR 11 /. • UP 7.513 :•YJ.;; £%.: :;rG m"mi f aarin�%v/rr •••�• f -..• - w / /aN / /e• "r : "..- . • r� /�r N ivu i �•• r Nuviiiri /.� iin.� /��,./Nnn./iv/iiiaui rNUNNiNnr/vii /iaJm.. iii, / 4 e1'�� /;N.Y.!!:' / /.::.';% : :�• OF. NUMBER Typ, I � _ r.. r - yy {. .� GSl:!KSY•! �! !.!1:. ^.::, }:%JT!: %' // J /JJl/ %�� % / /// _ : r::. ��J f,../. n .!;::f:::::sf %:%'.i/77)i%7!:::: s %ii; i, •'%�r../rJi :,/�j /' r[n.e•: -- — .::z° r,; ,/ix' rys..v,:;ri %i;:;!o7!:f•raioi:. '.J.rivaiNi: .iv% 1 _ J i//Ti7i vT�j. /iiii /„ r/i/ 7Y/! ! /ivuNaia /i�iNNru� /r�i,. fiNii //i • %�i�i: v;rJ /r:.vinrNru air "%chi iii% f • :I. �i %%%rf U�ii• Y///. Y/J/.: U//. :%'//.�/J//•.%%/:%J/_9/.�:�J/.: /II/l.!/%,�'(/i /:rrin_Y// , %�///JN / /// �Y/ /� ..... ' MOM" Z� R/W. LINE ' 00 END PROJECT x_ STATION NUMBER TYP. AREAS To. BE SNRI&Y SR 806 MAWTAWED BY THE STA. 347+00 CITY OF DELRAY BEACH City of Delray Beach NP 8.270 Londa ape Archftwt Of Record; 0., aVdson E. Hearho, Rlh• #943 Cotleur Hearing Limits of Maintenance Plan Sheet 1 of 1 1934 Commerce Lane Suite I SR 806 Atlantic Avenue Not To Scale Jupller, Florida 33458 561 -747 -6336 Fox 561-747 -1377 Florida Department Of7' al's Ortation CHProject No. 09 -1201 Cort. of Auth, lL- C000239 Vendor No. 65- 0270014 FWAro. 426011- 1 -58 -01 March 23, 201 SECTION No.: 93030000 FM No.: 428155 -1 -58 -001 & 426012- 1 -58 -01 Connected JPA Nos: & S.R. No.: 806 (Atlantic Avenue) EXHIBIT B LANDSCAPE IMPROVEMENTS PLANS' The AGENCY agrees to install the landscape improvements.% accordance with the plans and specifications attached hereto and incorporated herein. FM No. 428155 -1 -58 -001 Please see attached plans prepared by: PSS &J, Harry.Lv :'Belton, RLA 16, 2010 AND Cotleur & Hearing, Donaldson E. Hearing, RLA Date: March 23, 2010 Page 11 of 13 SECTION No.: 93030000 FM No.: 428155 -1 -58 -001 & 426012- 1 -58 -01 Connected JPA Nos: & S.R. No.: 806 (Atlantic Avenue) Page 12 of 13 MAINTENANCE PLAN Landscape Improvements Project State Road No(s): Project Limits: FM No(s): Maintaining Agency: Date: SR 806 SR 9 (1 -95 Limited Access Right of Way) (M.P. 7.376) to NW 12`x' Avenue (M.P. 7.513) 428155 -1 -58 -001 City of Delray Beach March 19, 2010 1. General Maintenance Re uiiements 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 their 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 is recommendations prepared by the Landscape Architect of Record specific to the attached approved plans. 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 eater 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 over -spray onto travel lanes. IrrilZation 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 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 fiinctioning properly so that the system shuts down when there is sufficient rainfall. Page 1 of 6 Integrated Plant Mana enleirt: 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 plant management program is encouraged to ensure healthy plants, which are flee of disease and pests. Mulching: 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 that aids in lowering disease susceptibility. Cypress mulch is prohibited on state right of way. Prunin : 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 maintaining clear visibility for-motorists, and vertical clearance for pedestrian, bicyclist, and truck traffic where applicable. Visibility windows must be maintained free of view obstructions and all trees and palms (with particular attention to fronds and fruit) 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 should be noted on the planting plans. (See Specific Requirements and Recommendations per Approved Landscape & Irrigation Design for these guidelines). The understory plant materials selected for use within the restricted planting areas (Limits of Clear Sight) of the medians 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 Guying: All staking materials, except for replacements, are removed by 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 most current FDOT 111faintenance Rating Program (MRP). Page 2 of 6 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 1lllaiintenance Rating Program (MRP) standards. Weeding /Herbicide: All planting areas shall be maintained as weed free as practicable enlisting integrated pest management practices in areas specified on the plans and by maintaining proper mulch levels. Extreme care is recommended if using a -chemical herbicide to avoid overspray onto plant materials. Any damage resulting from overspray is the applicator's responsibility to restore the plantings to the approved plans. 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 Co,zsunters Services, Grades and Standards for Nursery Plants are permitted.on FDOT roadways. Should it become necessary to change the species, a general use permit is required from FDOT for approval by the FDOT District Landscape Architect. Hardscape (Specialty Surfacing): All specialty pavers and tree grates shall be maintained in such a manner as to prevent any potential tripping hazards and protect damage to the pavers and tree grates. Final su mace tolerance from grade elevations shall, at a minimum, meet the most current Ltterlocking Concrete Pavement Institute (ICPI), Section 23 14 13 Interlocking Concrete Pavers, Part 3.05. If the pavers or tree grates become damaged, they shall be replaced with the same type and specification as the approved plan. Hardsca Pe Non - Standard Travelway Surfacin 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 Kiginvay Systein. 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, replace of the sign panel, post, and base. Page 3 of 6 Hardseape (Landscape Accent Lipliting) 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. Maintenance 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. Website: Series 600 Traffic Control through Work Zones http• /Iwww dot state fl us/ rddesiwi /Desig,nstandards /Standards.htm Vegetation Manay-einent at Outdoor Advertisinil (ODAI In order to avoid conflicts with permitted outdoor, advertising, please reference the FDOT Website regarding the vegetation management of outdoor advertising. This web site provides a portal to search the FDOT's Outdoor Advertising Inventory Management System Database. The database contains an inventory of outdoor advertising structures, permits and other related inforiation maintained by the Department. Website: Vegetation Management at Outdoor Advertising (ODA) ht!p://,,vww2.dot.state-fl.us/rightofwgL/Defaiilt.asp Also, reference the FDOT Landscape Architecture web site (see References below) for information related to the Florida Statutes and Administrative Codes, Vegetation Management Zones, Application for Vegetation Management at Outdoor Advertising Signs and Mitigation Value of Roadside Vegetation. II. Specific Project Site Maintenance Requirements and Recommendations: There are two (2) types of turf proposed for this project. For the Steirotaphrum secundatum.(St. Augustine), see part I Turf Mowing (page 2 of 6). For the Paspalurri notatum `Seashore' (Seashore Paspalum), the turf grass shall be maintained per industry standards which is currently a height of no less than one half ( %2) inch and no taller than two (2) inches. A mowing schedule shall be developed to maintain these specified heights year -round based on seasonal growth rates. Maintain the Paspalum notatum `Seashore' appropriately to avoid thatch build up, which is particularly detrimental to the health of this sod species. De- thatchirig of the turf may be necessary. This may be accomplished by a vertical mowing (verticutting) technique. Accent Lip,lrting: _Furnishings will be low level directional luminaries manufactured by BEGA Lighting, model #8731MH and GARDCO Lighting, model DF7. See manufacturer's instructions for upkeep of this lighting. Page 4 of 6 REFERENCES American National Standard Institute, ANSI A300, (Part I) for Tree Care Operations — Trees, Shrub, and Other T.Moody Plant Maintenance — Standard Practices (Pruning), available for purchase littp://,,vww.treespecialists.com/pdfs/ runin standards. df Florida Department of Agriculture and Consumer Services, Division of Plant Industry, Florida Grades and Standards for Nursery Stock, available for purchase hqp://xvww.doacs.state.fl.us/pi/ lantins )/ )ublications.htmi Florida Department of Transportation, FDOT Design Standards for Design, Construction, Maintenance and Utility Operations oil the State Highjnay System, Index: 544 Landscape Installation littp://-vvww.dot.state.fl.us/rddesiwi/rd/RTDS/08/544.pdf 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 htt : / /w%vw.dot.state.fl.its /rddesi rdIRTDS /08/546. df Florida Department of Transportation, FDOT Design Stan-dat•ds for Design, Construction, Maintenance and Utility Operations on the State Highway System, Index 700 Roadside Offsets http://www.dot.state.fl.iis/rddeggkd/RTDS/0.8/700.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 (for existing) trees http / /www dot state fl us/ rddesipn/ PPMManuaU2008 /Volumel /zCbapO2.pd£ Florida Department of Transportation, FDOT Standard Specifications for Road and Bridge Construction, Section 580 Landscape Installation litt : / /wvm.dot.state.fl.us /s ecificationsoffice /Im leinented/CtirrentBK/CurrentS ecs /580. df Florida Department of Transportation, lllaintenance Rating Progr•arn. Handbook http://ombnet.dot.state.fl.us/procedures/bill/850065002.pd f Florida Department of Transportation, Landscape Architecture Website httL):HN��,Nv.dot.state-fl.us/ei-no/beauty /beauty.stitin Interlocking Concrete Pavement Institute (ICPI) http: / /w,vvw.icpi.org http: /hvww.fisstate.org Page 5 of 6 International Society of Arboriculture (1SA) wm v.isa- arbor.com Manual on Uniform Traffic Control Devices http: / /www.niutcd.fliNva.dot,�ov Florida Irrigation Society http://www.fisstate.or Florida Department of Community Affairs (FCA), Florida Board of Building Codes & Sta11dards, Florida Accessibility Code for Building Construction littp://www.dea.state.fl.iis/fbc/l)ublic,,itiolis/I ublications.htm Guide to Roadside Moving and Guide to Tun f Managetnent, available for purchase bttp• / /infoiiet dot state fl us/ SupportSeivicesOffice /l)list.htm Accessible Sidewalk Videos (ADA) http://www.access-board.gov/news/sidewalk-videos.litm Page 6 of 6 MAINTENANCE PLAN Landscape Improvements Project State Road No(s): Project Limits: FM No(s): Maintaining Agency: RLA of Record: Date: SR 806 (Atlantic Avenue) from NW 12Th Avenue (MP 7.513) to Swinton Avenue (MP 8.270) 426012 -1 -58 -001 City of Delray Beach Donaldson E, Hearing R.L.A. 943 March 09, 2010 I. General Maintenance Requirements 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 their 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. ,, Chapter 2.11 and FDOT Standard Specificatioias for Road and Bridge Constniction 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 is recommendations prepared by the Landscape Architect of Record specific to the attached approved plans. 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 over -spray onto travel lanes. Irrigation Systems: The Agency shall ensure there are no roadway overspray or irrigation activities during daytime hours (most notably "rush hour" traffic periods). 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 firnctioning properly so that the system shuts down when there is sufficient rainfall. Page 1 of 7 Inteerated Plant Marra ,ement: An assessment of each planting area's soil is recommended to periodically determine the nutrient levels needed to sustain healthy, Vigorous plant growth. Patens, 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 plant management program is encouraged to ensure healthy plants, which are free of disease and pests. Mulching: - Mulch planting beds in such a inanner 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, patens, and the base of shrubs to encourage air movement in this area that aids in lowering disease susceptibility. Cypress mulch is prohibited on state right of way. Prunin 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 maintaining clear visibility for motorists, and vertical clearance for pedestrian, bicyclist, and truck traffic where applicable. Visibility windows inust be inaintained free of view obstructions and all trees and palms (with particular attention to fronds and fruit) 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 should be noted on the planting plans. (See Specific Requirements and Recommendations per Approved Landscape & Irrigation Design for these guidelines). The understory plant materials selected for use within the restricted planting areas (Limits of Clear Sight) of the medians 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 Guying: All staking materials, except for replacements, are removed by the completion of MOT 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 Mowin : All grassed areas are to be moved 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 most current FDOT hfaintenance Rating Program (MRP). Page 2of7 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. WeedinV_/Herbicide: All planting areas shall be maintained as weed free as practicable enlisting integrated pest management practices in areas specified on the plans and by maintaining proper mulch levels. Extreme care is recommended if using a chemical herbicide to avoid overspray onto plant materials. Any damage resulting from overspray is the applicator's responsibility to restore the plantings to the approved plans. 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 Consumers Services, Grades and Standards for Nursery Plants are permitted on FDOT roadways. Should it become necessary to change the species, a general use permit is required from FDOT for approval by the FDOT District Landscape Architect. Handscape (Specialty Surfacing):' All specialty pavers and tree grates 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 frorn grade elevations shall, at a minirxium, meet the most current Interlocking Concrete Pavem bzr ent titute (ICPI), Section 23 14 13 Interlocking Concrete Pavers, Part 3.05. If the pavers or tree grates become damaged, they shall be replaced with the same type and specification as the approved plan. Handscape (Non- Standard Travelivay 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; replace of the sign panel, post, and base. Handscape (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 Page 3 of 7 become damaged, they shall be replaced with the same type and specification as the approved plan. 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. Website: Series 600 Traffic Control through Work Zones http• / /w,A,Nv dot state fl ush(ldesip-n, /DcsignStandards /Standards.htrn Vegetation Management at Outdoor Advertising (ODA To avoid conflicts with permitted outdoor advertising, please reference the State of Florida website regarding the vegetation ianagement 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. Website: FDOT Outdoor Advertising Database .http: / /w�vw2 dot state fl ushi htof ay/Default.aspx Also, reference the Florida Highway Beautification Program vebsite link for Vegetation Management at ODA signs for the Florida Statutes and Administrative Codes related to Vegetation Management at Outdoor Advertising Signs and Permit Applications for Vegetation Management and Outdoor Advertising Signs determining Mitigation Value of Roadside Vegetation. . Website: FDOT Environmental Management office for Landscape Architects http://www.dot.state.fl.tis/emo/beaut v/FLA.shtm Page 4 of 7 fc pro tnd Reconimex dations: U. )CCi � l The proposed landscape will provide new shrubs in all medians and new patens in those medians where tapers and sight line restrictions are not present. All median areas are irrigated. The Dwarf Crown of Thorns . (EU) and Bromeliads are susceptible to root rot. Adjust depth of mulch to avoid root rot. Bromeliads may over time become overcrowded in the planting beds. If this distracts from the appearance of the Landscape, tl)e City may thin out the beds. Any Bromeliads thinned out of the beds can be replanted of£site on other City properties if desired by the City of Delray Beach. The Blanchetiana Bromeliad will flower in the spring. Plower stalks may be removed after all the bracts are gone. Both the Donger Bromeliad (ND) and the Dwarf Crown of Thorns (EU) may require replacement in 4 -5 years inter vats, much like annuals, to maintain a fresh appearance. All the proposed plant material has been selected for its xeriscape qualities and drought tolerance. Maintain the irrigation system to minimize overwatering. Bromeliads in particular do not perform well in overwatered conditions. Most of t17e existing trees and palins within road tapers and sight triangle lines are restricted fiom being replaced should they be removed or die. The existing irrigation system will be replaced, including new valves, irrigation heads, nozzles, fittings, pipes, controllers, clocics, etc. The existing meters and pressure valve breakers will be utilized. There are no ODA signs within the project limits. Page 5 of 7 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. American National Standard Institute, ANSI A300, (Part I) for Tree Care Operations — Trees, Shrub, and Other 11,00dy Plant Maintenance — Standard Practices (Pruning), available for purchase littp: / /www. treespecialists.com/pdfs /pruning standards.pdf Florida Department of Agriculture and Consumer Services, Division of Plant Industry, Florida Grades and Standards for Nursery Stock, available for purchase littp: / /wwtv.doacs. state. fl. us /L) /plantins/publications.html Florida Department of Transportation, FDOT Design Standards for Design, Construction, Maintenance and Utility Operations on the State Higlnvay System, Index 544 Landscape Installation http: / /www. dot. state. fl.us /rddesign/rd/RTDS /08 /544.pdf Florida. Department of Transportation, FDOT Design Standards for Design, Construction, Maintenance and Utility Operations on the State Highway System, Index 546 Sight Distance at Inter sections http://www.dot.state.fl.us/rddesignLi-d/RTDS/08/546.pd f Florida Department of Transportation, FDOT Design Standards for Design, Construction, Maintenance and Utility Operations on the State Highway System, Inder1700 Roadside Offsets http: / /wrvw. dot. state. fl .us /rddesiszn/rd/RTD S /o8noo.pdf Florida Department of Transportation, FDOT Plans Preparation Manual (PPM) Tool. I Chapters 2.11.5, Horizontal Clearance to Trees; Table 2.11.9 Horizontal Clearance and Clear Zane; Figure 4.1.2 Clear Zone; and Table 25.4.11.1 Cleat- Zone Width (feet) and Table 25.4.14.6 (for existing) trees http : / /www. dot. state. fl. us /rddesign /PPMManuaY2008Nolume l /zCllap02.pdf Florida Department of Transportation, FDOT Standard Specifications for Road and Bridge Construction, Section 580 Landscape Installation littp: / /www. dot. state. fl. us /specificati onsoff ce/ Implemented /Curre«tB KJCurrentSpecs /580.pdf Florida Department of Transportation,111aintenance Rating Program Handbook http: / /ombnet.dot.state.fi. us /procedures /bin/850065002.pdf Florida Department of Transportation, Landscape Architecture Website http: //www. dot. state . fl.us /emo/beaut /beauty. shtm Page 6 of 7 Interlocking Concrete Pavement institute (ICPI) htfp• / /N"vw.icpi.or / http: / /www_fisstate.org International Society of Arboriculture (ISA) www.isa- arbor.coin Manual on Uniform Traffic Control Devices httw/ /Nvww.mutcd.ffmAot. ov Florida Irrigation Society http://www.fisstate.org Florida Department of Community Affairs (FCA), Florida Boa7-d of Building Codes & Standards, Florida Accessibility Code for Building Consti- action http://wwNv.dca.state.fl.us/fbg/kublications/l. nublications.htm Guide to Roadside Moving and Guide to Titif Management, available for purchase littp•/linfonet dot state fl us/ Supportservicesoffice /olist.btm Accessible Sidewalk Videos (ADA) http://www.access-board.goN,/jievg/sidcwalk-videos.h tm Page 7 of 7 SECTION No.: 93030000 FM No.: 428155 -1 -58 -001 & 426012- 1 -58 -01 Connected JPA Nos: & S.R. No.: 806 (Atlantic Avenue) 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. This Exhibit forms an integral part of the DISTRICT FOUR',(4) LANDSCAPE MAINTENANCE MEMORANDUM OF AGREEMENT between the State of.. Floridai bepartment of Transportation and the AGENCY. FM No. 428155.1 -58 -001 Anticipated Terms of.a.Separate Agreement I. FDOT PARTICIPATION:. $199,760.00 AGENCY PARTICIPATION: No Match Required Via Separate '..,Agreement II. APPROXIIIIIATE LANDSCAPE IMPROVEMENT COST: $199,830.40 FM No. 426012 -158 -001 Anticipated Terms of a Separate Agreement S - FDOT PARTICIPATION: $200,000.00 AGENCY PARTICIPATION: No Match Required Via Separate Agreement II. APPROXIMATE LANDSCAPE IMPROVEMENT COST: $209,018.93 Amounts are approximate Page 13 of 13 STATE ROAD 606 • Delray Beach Gateway Statement of Probable Costs March 24, 2010 Landscaping $110,628.50 Sod Pas alum notalum Stenota hrum secundalum 2585 7968 SY SY $6.00 $2.50 $15,510 $19,920 Shrubs NPE Bou ainvillea 'Barbara Karst' Hamelia patens Helianlhus debilis Muhienber is ca illaris Ne hrole is talcata Piiiliodendron bifinnatifidum Sere SIZE 7 al.; 48' wl3 runners min. 3 al.' 18 "ht x 18" s r. 1 al.; 6" ht x 6" s r 1 al.; 12 fit x 6"s pr 3 al.; 16 "ht x 16 "s r 3 al.; 20 "ht x 20's 7 gal., 24 "ht x i 8 "s r 16 240 870 610 870 148 302 EA EA EA EA EA EA EA $62.50 $1 0.00 $4.50 $3.75 $i 0.00 $9.50 $75.00 $1,00 $2,400 $3,915 $2,288 $8,700 $1,406 $22,650 Trees }TYPE SIZE Bulnesia arborea 12' hl. x 5' s r. 2 -1/2" caliper 3 EA $450.00 $1,350 Coccoloba uvifera Quercus vir Inlana Ro stonia re is 10' hi. x 6' s r: 16' ht.x 8' s r.; 3" caliper 8,12' & 16' GW 1 6 -16fEAI EA EA $185.00 $800.00 $1,200.00 $185 $4,800 $18,00 Sabal palmetto Tecoma slans 12' -20' Clear Trunk 10' ht.x 4' s r. 12 8 EA EA $165.00 $185.00 $1,980 $1,480 Tree Relocations Quercus vir iniana Sabal palmetto 2 5 EA EA $210.00 $100.00 $420 $500 Tree Protection 1375 LF $3.00 $4,125 Irri ation $42,901.50 shrub bubblers 333 EA $12.00 $3,996 6" popup spray heads 63 EA $24.00 $1512 12" popup s Prav heads 57 EA $28.00 $1,596 rotor heads 64 EA $45.00 $2,880 PVC laterals 6800 LF $3.00 $20,400 PVC main 1165 LF $4.501 $5,243 HOPE sleeves 210 LF $5.00 $1,050 zone valves v+l box 25 EA $185.00 $4,625 wire 8000 LF $0.20 $1,600 Lighting $ 24,890.00 Low Level Luminaires; BEGA Model 8731 MH 1 26 IEAI $ 715.00 $ 18,590.00 Ground Mount Accent Light, GARDCO Model DF7 1 14 1 EA $ 450.00 1 $ 6,300.00 GRAND TOTAL $199,830.40 The Departments Participation Shall be Limited as provided by the Joint Participation Agreement. 0 0 N a N M (O V LL- O W Q r� W ::D z U-1 Q U i- z I DUNS No. 077283737 CSFA No. 55.023 FM No. 426012 - 1.58 -01 FEID No: VF -596 -000 -308 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION JOINT PARTICIPATION AGREEMENT CONTRACT NUMBER THIS Agreement, entered into this day of 20 , 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 Delray Beach, a municipal corporation of the State of Florida, located at 434 S. Swinton Avenue, Delray Beach, Florida 33444, hereinafter called the PARTICIPANT. WITNESSETH WHEREAS, the DEPARTMENT and the PARTICIPANT are desirous of having the PARTICIPANT make certain improvements in connection with Financial Management (FM) Number 426012- 1 -58 -01 for landscape, hardscape and/or irrigation improvements at State Road 806 (West Atlantic Avenue) from NW 12`h Avenue (M.P. 7.513) to Swinton Avenue (M.P. 8.270) Delray Beach, Florida, herein after referred to as the Project. Refer to Exhibit "A" for a detailed Scope of Services and Exhibit "B" for a set of Production Plans attached hereto and made a part hereof; and, WHEREAS, the improvements are in the interest of both the PARTICIPANT and the DEPARTMENT and it would be more practical, expeditious, and economical for the PARTICIPANT to perform such activities; and, WHEREAS, the PARTICIPANT by Resolution No. adopted on 20 a copy of which is attached hereto and made a part hereof, authorizes the proper officials to enter into this Agreement. NOW, THEREFORE, in consideration of the mutual benefits to be derived from joint participation on the Project, the parties agree to the following: 1. The recitals set forth above are true and correct and are deemed incorporated herein. 2. The PARTICIPANT shall be responsible for assuring that the Project complies with all applicable Federal, State and Local laws, rules, regulations, guidelines and standards, and will not discriminate on the grounds of race, color, religion, sex, national origin, age or disability in the performance of work under the Agreement. The DEPARTMENT agrees to make all previous studies, maps, drawings, surveys and other data and information pertaining to the Project available to the PARTICIPANT at no extra cost. 4. The PARTICIPANT shall have the sole responsibility for resolving claims and requests for additional work for the Project. The PARTICIPANT will make best efforts to obtain the DEPARTMENT's input in its decisions. Page I of 14 DUNS No. 077283737 CSFA No. 55.023 FM No. 426012- 1 -58 -01 FELD No: VF- 596- 000 -308 5. The total cost of the Project is estimated at Two Hundred Thousand Dollars and No dents ($200,000,00). The DEPARTMENT agrees to pay one hundred percent (100 %) of the total actual cost of the Project, up to a maximum amount of $200,000.00 for actual costs incurred. The PARTICIPANT shall submit progress billings to the DEPARTMENT on a quarterly basis. The balance of the Project cost shall be the sole responsibility of and paid by the PARTICIPANT. The PARTICIPANT acknowledges and agrees that the DEPARTMENT'S obligation to make payment under the AGREEMENT is contingent upon an annual appropriation by the Florida legislature. 6. The PARTICIPANT will comply with the Federal and/or State Audit provisions set forth in Exhibit "C" and Exhibit "D" which are attached hereto and made part of this Agreement. 7. The PARTICIPANT must. obtain a permit from the DEPARTMENT before the PARTICIPANT may proceed with construction of the Project. 8. This Agreement and any interest herein shall not be assigned, transferred or otherwise encumbered by the PARTICIPANT under any circumstances without the prior written consent of the DEPARTMENT. However, this Agreement shall run to the DEPARTMENT and its successors. 9. Except as otherwise set forth herein, this Agreement shall continue in effect and be binding to both the PARTICIPANT and the DEPARTMENT until the Project is accepted in writing by the DEPARTMENT'S Project Manager as complete, or December 31, 2011, whichever occurs first. 10. The PARTICIPANT shall agree to maintain all landscape improvements at its sole cost and expense and in accordance with the terms of the Landscape Maintenance Memorandum of Agreement attached hereto and made a part hereof as Exhibit E. 11. Upon completion and certification of Project, the PARTICIPANT must submit the final invoice to the DEPARTMENT within 180 days after the final acceptance of the Project which follows the 365 day warranty period. Invoices submitted after the 180 day time period will not be paid. 12. Payment shall be made only after receipt and approval of goods and services unless advance payments are authorized by the Department of Financial Services under Section 215.422(14), Florida Statutes, or by the DEPARTMENT'S Comptroller under Section 334.004(29), Florida Statutes. 13. If this Agreement involves units of deliverables, then such units must be received and accepted in writing by the Project Manager prior to payments. The Department will render a decision on the acceptability of services within 10 working days of receipt of a progress report. The Department reserves the right to withhold payments for work not completed, or work completed unsatisfactorily, or work that is deemed inadequate or untimely by the Department. Any payment withheld will be released and paid to the PARTICIPANT promptly when work is subsequently performed. 14. Bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper pre -audit and post -audit thereof. Page 2 of 14 DUNS No. 077283737 CSFA No. 55.023 FM No. 426012- 1 -58 -01 FEID No: VF- 596 -000 -308 15. PARTICIPANT providing goods and services to the DEPARTMENT should be aware of the following time frames. The DEPARTMENT has (10) ten working days to inspect and approve the goods and services where working day is defined as any day of the week excluding Saturday, Sunday and any legal holiday as designated in Section 110.117, Florida Statutes. The DEPARTMENT has (20) twenty working days to deliver a request for payment (voucher) to the Department of Financial Services. The (20) twenty working days are measured from the latter of the date the invoice, is received or the goods or services are received, inspected and approved. 16. If a payment is not available within (40) forty days, a separate interest penalty at a rate as established pursuant to Section 55.03(9), Florida Statutes, will be due and payable, in addition to the invoice amount, to the PARTICIPANT. Interest penalties of less than one (1) dollar will not be enforced unless the PARTICIPANT requests payment. Invoices that have to be returned to a PARTICIPANT because of PARTICIPANT preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the DEPARTMENT. 17. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for contractors /vendors who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 413 -5516 or by calling the Department of Financial Services Hotline at 1- 877 -693 -5236. 18. Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the DEPARTMENT at all times during the period of this Agreement and for five years after final payment is made. Copies of these documents and records shall be furnished to the DEPARTMENT upon request. Records of costs incurred include the PARTICIPANT'S general accounting records and the Project records, together with supporting documents and records, of the contractor and all subcontractors performing work on the Project, and all other records of the Contractor and subcontractors considered necessary by the Department for a proper audit of costs. 19. In the event this contract is for services in excess of TWENTY -FIVE THOUSAND DOLLARS ($25,000.00) and a term for a period of more than one year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated: "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 such 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 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." Page 3 of 14 DUNS No. 077283737 CSFA No. 55.023 FM No. 426012- 1 -58 -01 FEID No: VF- 596- 000 -308 20. The PARTICIPANT warrants that it has not employed or obtained any company or person, other than bona fide employees of the PARTICIPANT, to solicit or secure this Agreement, and it has not paid or agreed to pay any company, corporation, individual or firm, other than a bona fide employee employed by the PARTICIPANT. For breach or violation of this provision, the DEPARTMENT shall have the right to terminate the Agreement without liability. 21. With respect to any of the PARTICIPANT'S agents, consultants, sub consultants, . contractors and / or sub contractors, such party in any contract for this Project 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, sub consultants, contractors and / or sub contractors. The PARTICIPANT 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 does not cover or indemnify the DEPARTMENT for its own negligence. 22. This Agreement is governed by and construed in accordance with the laws of the State of Florida. In the event it becomes necessary for the DEPARTMENT or PARTICIPANT to institute suit for the enforcement of the provisions of this AGREEMENT, each party shall be responsible to pay their own attorney fees and court costs. Venue with respect to such litigation shall be in Broward County, Florida. 23. This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained herein, and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in. this document except the Landscape Maintenance Memorandum of Agreement between the DEPARTMENT and the PARTICIPANT which is included as Exhibit E. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representation or agreements whether oral or written. it is further agreed that no modification, amendment, or alteration in the terms and conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 24. Any or all notices (except invoices) given or required under this Agreement shall be in writing and either personally delivered with receipt acknowledged or sent by certified mail, return receipt requested. All notices delivered shall be sent to the following addresses: If to the DEPARTMENT: State of Florida Department of Transportation 3400 West Commercial Blvd. Ft. Lauderdale, FL 33309 -3421 Attention: Elisabeth A. Hassett, R.L.A. FDOT District IV Landscape Architect A second copy to: Office of the General Counsel Page 4 of 14 If to the PARTICIPANT: City of Delray Beach 434 S. Swinton Avenue Delray Beach, Florida 33444 Attention: Randal Krejcarek, P.E. With a copy to: City Attorney DUNS No. 077283737 CSFA No. 55.023 25. LIST OF EXHIBITS FM No. 426012- 1 -58 -01 FEID No: VF- 596- 000 -308 Exhibit A: Scope of Services Exhibit B: Project Plans Exhibit C: Federal and /or State Funded Contracts Exhibit D: Authorization Exhibit E: Landscape Maintenance Memorandum of Agreement IN WITNESS WHEREOF, this Agreement is to be executed below for the purposes specified herein. Authorization has been given to enter into and execute this Agreement by Resolution No. , hereto attached. AGENCY (CITY OF DELRAY BEACH) A Chairperson /Mayor Attest: Clerk Legal Review Attorney (SEAL) Date STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: Transportation Development Director Attest: Executive Secretary Legal Review Office of the General Counsel Page 5 of 14 (SEAL) Date DUNS No. 077283737 CSFA No. 55.023 EXHIBIT A SCOPE OF SERVICES FM No. 426012- 1 -58 -01 FEi%D No: VF- 596 -000 -308 The PARTICIPANT (City of Delray Beach) agrees to make certain landscape improvements on State Road 806 (West Atlantic Avenue) from NW 12`h Avenue (M.P. 7.513) to Swinton Avenue (M.P. 8.270) Delray Beach, Florida, and will subsequently furnish, construct, and inspect the landscape, hardscape, and /or irrigation as shown in the plans and specifications prepared by Donaldson E. Hearing, RLA, of Cotleur & Hearing, Inc. The following conditions shall apply: (a) The current Florida Department of Transportation Design Standard Index 546 must be adhered to. (b) Clear zone /horizontal clearance as specified in the Plans Preparation Manual — English Volume 1, Chapter 2 and Department Design Standard Index 700 must be adhered to. (c) Landscape materials shall not obstruct roadside signs or the 500 ft. view zone for permitted outdoor advertising signs per Florida Statutes 479.106. (d) Landscape, hardscape, and /or irrigation materials shall be of a size, type and placement so as not to impede large machine mowing that the DEPARTMENT currently provides and will continue to provide at the same frequency. (e) Should the PARTICIPANT elect to design, furnish and construct irrigation, all costs associated with water source connection(s), continued maintenance of the distribution system and water, and electricity costs shall be born solely by the PARTICIPANT. All permits (including tree permits), fees, and any mitigation associated with the removal, relocation or adjustments of these improvements are the PARTICIPANT'S responsibility. (f) During the installation of the Project and future maintenance operations, maintenance of traffic shall be in accordance with the current edition of the MUTCD and the current Department Design Standards (series 600). (g) The PARTICIPANT shall secure a permit from the DEPARTMENT prior to the commencement of any work. The Engineer of Record (EOR) shall meat with Permit Staff prior to permit application and provide the local maintenance office located at: FDOT Palm Beach Operations, 7900 Forest Hill Blvd., West Palm Beach, FL 33413 (561) 432 -4966, a twenty -four (24) hour telephone number and the name of a responsible person that the DEPARTMENT may contact. The PARTICIPANT shall notify the local maintenance office 48 hours prior to the start of the Project and provide as -built plans at project completion. (h) If there is a need to restrict the normal flow of traffic it shall be done on Monday through Friday during off -peak hours (9 AM to 3 PM), and the party performing such work shall give notice to the local law enforcement agency within whose jurisdiction such road is located prior to commencing work on the Project. The DEPARTMENT'S Public information Office shall also be notified by phone at 954- 777 -4092. (i) The PARTICIPANT shall be responsible to clear all utilities within the Project limits. Page 6 of 14 DUNS No. 077283737 CSFA No. 55.023 EXHIBIT B PROJECT PLANS FM No. 426012- 1 -58 -01 FE1D No: VF- 596- 000 -308 Please see attached plans prepared by: Cotleur & Hearing, Inc. Donaldson E. 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J w ti �Qas d O UWA M I 3 f - C r e 4 � Q U C 1 w a � a MIN, w' J� rd a i 1 1 1 \ J 1 � y0 J ti Q � � W J j I W� � U J O wg � h 9AV l o ` I H o� MN 3AV H10! MS - --------1 -ao--- 91 b"Y I 10 6 IW it �p • - -- 3 li 7 W � � ! r-T IL zl 1 a4 i A I. Q 4 I C4 1 0 1 it I gplo ZEN 1 u I ic / w 34V HIH MS 3nV 14111 MN ; - - - - - - - •~ OG I lit N,I N ; 1B {1 t l ill /iiC DUNS No. 077283737 CSFA No. 55.023 FM No. 426012- 1 -58 -01 FE ID No: VF- 596- 000 -308 EXHIBIT C FEDERAL AND/OR STATE FUNDED CONTRACTS The administration of resources awarded by the Department to the CITY OF DELRAY BEACH may be subject to audits and/or monitoring by the Department, as described in this section. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A -133 and Section 215.97,. F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on -site visits by Department staff, limited scope audits as defined by OMB Circular A- 133, as revised, and/or other procedures. By entering into this agreement, the recipient agrees to comply and cooperate fully with any monitoring procedures /processes deemed appropriate by the Department. In the event the Department determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department staff to CITY OF DELRAY BEACH regarding such audit. CITY OF DELRAY BEACH further agrees to comply and cooperate with inspections, review, investigations, or audits deemed necessary by the FDOT's Office of Inspector General (OIG) and Florida's Chief Financial Officer (CFO) or Auditor General. AUDITS PART I: FEDERALLY FUNDED Recipients of federal funds (i.e. state, local government, or non - profit organizations as defined in OMB Circular A -133, as revised) are to have audits done annually using the following criteria: 1. in the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must have a single or program - specific audit conducted in accordance with the provisions of OMB Circular A -133, as revised. This agreement indicates Federal resources awarded through the Department by this agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A -133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions OMB Circular A -133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, paragraph 1., the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A -133, as revised. 3. If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A -133, as revised, is not required. However, if the recipient elects to have an audit conducted in accordance with the provisions of OMB Circular A -133, as revised, the cost of the audit must be paid from non - Federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). Page 8 of 14 DUNS No. 077283737 FM No. 426012- 1 -58 -01 CSFA No. 55.023 FEW No: VF -596- 000 -308 4. Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number, award number and year, and name of the awarding federal agency. PART fl: STATE FUNDED Recipients of state funds (i.e. a nonstate entity as defined by Section 215.97(2)(1), Florida Statutes) are to have audits done annually using the following criteria: In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year, the recipient must have a State single or project - specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services and the CFO; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for - profit organizations), Rules of the Auditor General. This agreement indicates state financial assistance awarded through the Department by this agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass - through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part 11, paragraph 1, the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(d), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for - profit organizations), Rules of the Auditor General. 3. If the recipient expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. However, if the recipient elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the nonstate entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). 4. State awards are to be identified using the Catalog of State Financial Assistance (CSFA) title and number, award number and year, and name of the state agency awarding it. PART III: OTHER AUDIT REQUIREMENTS The recipient shall follow up and take corrective action on audit findings. Preparation of a summary schedule of prior year audit findings, including corrective action and current status of the audit findings is required. Current year audit findings require corrective action and status of findings. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed or the dispute is resolved. Access to project records and audit work papers shall be given to the FDOT, the Department of Financial Services, and the Auditor General. This section does not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any other state official. Page 9 of 14 DUNS No. 077283737 FM No. 426012- 1 -58 -01 CSPA No. 55.023 FEID No: VF- 596 -000 -308 PART IV: REPORT SUBMISSION 1. Copies of reporting packages for audits conducted in accordance with OMB Circular A- 133, as revised, and required by PART l of this agreement shall be submitted, when required by Section .320 (d), OMB Circular A -133, as revised, by or on behalf of the recipient directly to each of the following: A. The Department at the following address: Florida Department of Transportation 3400 W. Commercial Blvd. Ft, Lauderdale, FL 33309 Karen Maxon, District Single Audit Liaison B. The Federal Audit Clearinghouse designated in OMB Circular A -133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A- 133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 C. Other Federal agencies and pass- through entities in accordance with Sections .320 (e) and (f), OMB Circular A -133, as revised. 2. In the event that a copy of the reporting package for an audit required by PART I of this agreement and conducted in accordance with OMB Circular A -133, as revised, is not required to be submitted to the Department for reasons pursuant to Section .320 (e)(2), OMB Circular A -133, as revised, the recipient shall submit the required written notification pursuant to Section .320 (e)(2) and a copy of the recipient's audited schedule of expenditures of Federal awards directl to the following: Florida Department of Transportation 3400 W. Commercial Blvd. Ft. Lauderdale, FL 33309 Karen Maxon, District Single Audit Liaison In addition, pursuant to Section .320 (f), OMB Circular A -133, as revised, the recipient shall submit a copy of the reporting package described in Section .320 (c), OMB Circular A -133, as revised, and any management letters issued by the auditor, to the Department at the following address: Florida Department of Transportation 3400 W. Commercial Blvd. Ft. Lauderdale, FL 33309 Karen Maxon, District Single Audit Liaison Page 10 of 14 DUNS No. 077283737 CSFA No. 55.023 FM No. 426012- 1 -58 -01 FEID No: VF- 596 -000 -308 3. Copies of financial reporting packages required by PART II of this agreement shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department at the following address: Florida Department of Transportation 3400 W. Commercial Blvd. Ft. Lauderdale, FL 33309 Karen Maxon, District Single Audit Liaison B. The Auditor General's Office at the following address: Auditor General's Office Room 401, Pepper Building 111 West Madison Street Tallahassee, Florida 32399 -1450 4. Copies of reports or the management letter required by PART III of this agreement shall be submitted by or on behalf of the recipient direct) to: A. The Department at the following address: Florida Department of Transportation 3400 W. Commercial Blvd. Ft. Lauderdale, FL 33309 Karen Maxon, District Single Audit Liaison 5. Any reports, management letter, or other information required to be submitted to the Department pursuant to this agreement shall be submitted timely in accordance with OMB Circular A -133, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for - profit organizations), Rules of the Auditor General, as applicable. 6. Recipients, when submitting financial reporting packages to the Department for audits done in accordance with OMB Circular A -133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for - profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. PART V: RECORD RETENTION 1. The recipient shall retain sufficient records demonstrating its compliance with the terms of this agreement for a period of at least five years from the date the audit report is issued, and shall allow the Department, or its designee, CFO, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department, or its designee, CFO, or Auditor General upon request for a period of at least five years from the date the audit report is issued, unless extended in writing by the Department. Page I1 of 14 DUNS No. 077283737 FM No. 426012- 1 -58 -01 CSFA No. 55.023 FEID No; VF -596- 000.308 ■: f AUTHORIZATION: SECTION 339.24 & 339.205, Florida Statutes FEDERAL and/or STATE resources awarded to the recipient pursuant to this agreement should ' be listed below. If the resources awarded to the recipient represent more than one Federal or State program, provide the same information for each program and the total resources awarded. Compliance Requirements applicable to each State program should also be listed below. If the resources awarded to the recipient represent more than one program, list applicable compliance requirements for each program in the same manner as shown here: STATE RESOURCES Agency: City of Delray Beach FM #:426012- 1 -58 -01 State Agency Catalog of State Financial Assistance (Number & Title) Amount FDOT 55.023 State Highway Project Reimbursement $200,000.00 (Department of Transportation) Compliance In developing audit procedures to test compliance with the requirements Requirement: for a state project, the auditor should first look to Part Two, Matrix of Compliance Requirements, to identify which of the 10 types of compliance requirements described in Part Three of the Compliance Supplement are applicable and then look to Parts Three and Four for the details of the requirements. Activities Under the terms of the Highway Beautification Grant Agreement allowable Allowed: activities include:. Installation of landscaping on the highway facility as specified in the landscape plan in conformance with Rule 14- 40.003, Florida Administrative Code, and the "Florida Highway Landscape Guide ". Any deviation from the. approved landscape plan requires the approval of the Department; (Agreement Provision 1) • Maintenance of the landscaping within the median and areas outside the travel way within the right of way line in accordance with the Landscape Maintenance Plan included in the agreement and consistent with the requirements of Rule 14- 40.003(5), Florida Administrative Code. Any deviation from the Landscape Maintenance Plan requires the written approval of the Department; and (Agreement Provision 2) Landscape installation and maintenance activities that are in accordance with the Maintenance of Traffic Plan included in the agreement and Rule 14.003, Florida Administrative Code. (Agreement Provision 3) Page 12 of 14 DUNS No. 077283737 CSFA No. 55.023 FM No. 426012- 1 -58 -01 FEID No: VF -596- 000 -308 Allowable Grants provide for the costs of purchase and installation of a sprinkler Costs: system, the cost of plant materials and fertilizer, and may provide for the costs for labor associated with the installation of the plantings. Each recipient that receives a grant is responsible for any costs for water, for the maintenance of the sprinkler system, for the maintenance of the landscaped areas in accordance with a maintenance agreement with the Department, and, except as otherwise provided in the grant, for any costs for labor associated with the installation of the plantings. (Section 339.2405(l 1), Florida Statutes) Cash See Part Three. Management: Matching: A 50 percent or more of like -kind match by the recipient is encouraged. Period of Grant recipients have one year from date of grant award letter to complete Availability: landscape plans and execute necessary agreements. Page 13 of 14 Page 14 of 14 SECTION No.: 93030000 FM No.: 428155 -1- 58.001 & 426012- 1 -58 -01 Connected JPA Nos: & S.R. No.: 806 (Atlantic Avenue) DISTRICT FOUR (4) LANDSCAPE MAINTENANCE MEMORANDUM OF AGREEMENT THIS AGREEMENT, made and entered into this day of 20_, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION; a component agency of the State of Florida, hereinafter called the DEPARTMENT andJ'he City of Delray Beach, a political subdivision existing under the Laws of Florida, here inaftei',called the AGENCY. WITNESSETH: WHEREAS, the DEPARTMENT has jurisdiction over...-State ,Road ."806 as part of the State Highway System as described in Exhibit A; and WHEREAS, the AGENCY seeks to install and maintain certain landscape improvements within the right of way of State Road 806 (Atlantic Avenue)'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 than Highway::,, facility as described in Exhibit A attached hereto and incorporated by reference here n,,WMtl�in 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 impkvel ;ients.(plant materials, irrigation system and /or hardscape) to medians and areas outside>:46e ti Ve.lway to the right of way line and areas within the travelway that may contain, specialty surfacing (concrete pavers, and /or stamped asphalt or stamped concrete), ir)el I an other hardscape (if applicable), but excluding standard concrete sidewalk, shall, be. maintained by periodic pruning, mowing, fertilizing, weeding, litter pick -up, necessary replanting, irrigation repair and /or repair of any median concrete replacements asswdiated with' the specialty surfacing (if applicable) as needed; and WHEREAS,` t: is the intent of the AGENCY and the DEPARTMENT that the AGENCY shall maintain .al_I,, right of way within the medians, outside the travelway and improvements made foJ 'e_travelway that was made at the request of the AGENCY; and HEREAS, 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 13 NOW THEREFORE, for and in consideration of the mutual benefits to flow each to the other, the parties covenant and agree as follows: The recitals set forth above are true and correct and are deemed incorporated herein. 2. INSTALLATION OF FACILITIES The AGENCY shall install and agrees to maintain the landscape improvements described herein 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 Exhibit B. Hardscape shall; ;mean, but not be limited to: any landscape accent lighting, fountain, tree grates, decorative free standing wall, and /or sidewalk, median and roadway specialty surfacing such as, but not limited to: concrete pavers, stamped asphalt or stamped concrete. (a) All plant materials shall be installed and maintained idstrict,accordance with sound nursery practice prescribed by the International Society of Arboriculture (ISA); all plant materials installed shall be Florida #1.or.better according to the most current edition of Florida Department of Agriculture, Florida Grades and Standards for Nursery Stock; and all trees shall meet. Florida Power & Light, Right Tree, Right Place, South Florida. (b) Trees and palms within the right=of -'way shall::ibe installed and pruned to prevent encroachment to roadways, clear "zohess.- and sidewalks. Definition of these criteria is included in the most current editions of`.bOT standards for design, construction, maintenance, and utility operations o .Ahe state highway system. (c) Tree and palm pruning shall be supervised by properly trained personnel trained in tree pruninglechniques and shall meet the most current standards set forth by the 1riterr atioriai Society of Arboriculture (ISA) and the American National Standard ihsti te (ANSI), Part A -300 and be licensed by Broward County Environment Protection Department to perform this work. (d) Irrigation ifigtolation and maintenance activities shall conform to the standards set forth:, by the Florida Irrigation Society (FIS) latest edition of FIS, Standards and Skeclflcations for Tun` and Landscape Irrigation Systems. ,(e), Ttik AGENCY shall provide the DEPARTMENT accurate as -built plans of the -..> system so if in the future there is a need for the DEPARTMENT to perform work in 'the'area, the system can be accommodated as much as possible. (f), if it becomes necessary to provide utilities (water /electricity) to the median or side areas, it shall be the AGENCY'S responsibility to obtain a permit for such work through the local maintenance office and the AGENCY shall be responsible for all associated fees for the installation and maintenance of these utilities. (g) All hardscape shall be installed and maintained in strict accordance with the most current edition of the Florida Accessibility Code for Building Construction and the Interlocking Concrete Pavement institute (1CP1). Page 2 of 13 (h) As described in the plans, Exhibit B and further described in Exhibit E for specialty surfaces. (i) All activities, including landscape improvements installation and future maintenance operations performed on State highway right -of -way, must be in conformity with the most current edition of the Manual on Uniform Traffic Control (MUTCD) and FDOT Design Standards, Index 600 Series, Traffic Control through Work Zones. Q) The most current edition of FDOT Design Standards, Index 546 must be;adhered to. (k) Horizontal Clearance and Clear Zone as specified in the Fob. f1plans 'Preparatlon Manual, Volume 1, Chapters 2 and 4 and FDOT Design Standards;' Index 700 must be adhered to. (1) Landscape improvements shall not obstruct roadside -signs or permitted outdoor advertising signs, (see Florida Administrative,.Code.,[F.A:C.] Rule Chapter 14 -40, Part 1 and Part 111.) (m) The AGENCY shall provide the local, FDOf`'Oper6ti6n Center, located at Palm Beach Operations, 7900 Forest Hill Blvd -, West Palm Beach, FL 33413 (561) 432- 4966, a twenty -four (24) hour telephone` number and the name of a responsible person that the DEPARTMENT'Si ay,,contact. The AGENCY shall notify the local maintenance office forty -eight '.,_(48) hours prior to the start of the landscape improvements. (n) If there is a need to. restrict the "normal flow of traffic, it shall be done on off -peak hours 9 AM to 3 PM , and the party performing such work shall give notice to the local law enforcement agency within whose jurisdiction such road is located prior to commencing work; on the landscape improvements. The DEPARTMENT'S Public Information Off ide shall also be notified. (o) The _AGENCY shall be responsible to clear all utilities within the landscape improvement limits. (p) The AGENCY shall follow the minimum level of maintenance guidelines as se =:. forth; in ,:DOT'S Rule Chapter 14 -40 Highway Beautification and Landscape Man6gement, in the FDOT Guide to Roadside Mowing and Maintenance °Management System, and Exhibit C, the Maintenance Plan for maintenance activities for landscape improvements. 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 defined as: plant materials, irrigation, and / or hardscape within the medians and areas outside the travelway to the right of way line and areas within the travelway containing specialty Page 3 of 13 surfacing as existing and as described in Exhibit B. The non - standard improvements outside the travelway shall be. maintained by the AGENCY regardless if the said improvement was made by the DEPARTMENT, the AGENCY, or others by periodic pruning, mowing, 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, Exhibit E and Exhibit F, the Specialty Surfacing Maintenance. The AGENCY'S responsibility for maintenance shall include all landscaped / turfed and hardscape areas within the median and areas outside the travelway to the right -of -way and areas.: within ,...the travelway containing specialty surfacing: It shall be the responsibility of the AGENCY to restore an unacceptable ride condition of the roadway caused .by the',di'.fferential characteristics of non - standard surfacing and the associated header `curb and concrete areas on DEPARTMENT right -of -way within the limits of this Agreement.'` B. Such maintenance to be provided by the AGENCY is speoifically'set out as follows: to maintain, which means to properly water and fertilize allplants; to keep them as free as practicable from disease and harmful insects; to properly m*: ulch4he planting beds; to keep the premises free of weeds; to mow the turf to tte_ 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,. isibilkyy to signage, permitted outdoor advertising signs per Florida Statute 479`x106 and;.for those using the roadway and /or sidewalk; (3) preventing any other potentiailoadway hazards. Plants shall be those items which would be scientifically classified as plants and include but are not limited to trees, shrubs, groundcover and turf. T6`;maintain .also means to remove or replace dead or diseased plants in their entirety, or-io remove or replace those that fall below original landscape improvements project standards. Palms shall be kept fruit free year round. To maintain also means 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' 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 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. 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 system including, but not `liimltbd to the impact and connection fees, and the on -going cost of utility usage for water and electrical, are the maintaining AGENCY'S responsibility. 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. Page 4 of 13 4. NOTICE OF MAINTENANCE DEFICIENCIES A. If at any time after the AGENCY has undertaken the landscape improvements installation and /or maintenance responsibility 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, to 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) Complete the installation, or part thereof, with the DEPARTMENT Contractor's personnel and deduct the cost of such work from the finai''paymen:.Jor said work or part thereof, or /and (2) Maintain the landscape improvements or any part thereof, with the DEPARTMENT or Contractor's personnel and invoice the AGENCY for expenses incurred, and /or (3) Terminate the Agreement in accordance witW,Paragraph 9, and remove, by the DEPARTMENT or private Contract ors''`' personnel, all of the landscape improvements installed under this,Agreent or any preceding Agreements except as to trees and palms and /or, dha me rge the AGENCY the reasonable cost of such removal. B. The AGENCY agrees to reimburse _;the..:bEPARTMENT all monies expended for the landscape improvements,,, should the landscape improvements fail to be maintained in accordance with the terms:. arid. conditions of this Agreement in the amounts listed in those plans. 5. FUTURE DEPARTMENT IMPROVEMENTS It is understood between the parties hereto that the landscape improvements covered by this Agreement maybe 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 widenedaltered,, or otherwise changed to meet with future criteria or planning of the DEPARTMENT'" Tfie` ;AGENCY shall be given sixty (60) calendar day's notice to remove said landscape /hardscape after which time the DEPARTMENT may remove same. AIL. 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: Page 5 of 13 7 (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. ADJACENT PROPERTY OWNER IMPROVEMENTS The DEPARTMENT may allow an adjacent property: owner to construct additional landscape or hardscape improvements within the limits 'of, the `right of -way identified in Exhibit A of this Agreement. The AGENCY shall be.�responsible,:for maintaining under this agreement those improvements subject to the following conditions: (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 lie developed and implemented in accordance with appropriate statesafety and roadway design standards. (c) The AGENCY,:.agrees`'to comply with the requirements of this Agreement with regard to any �dditiorial landscape improvements installed by an adjacent owner. AGENCY REIMBURSEMENT The DEPARTMENT acid the AGENCY intend to enter into a separate agreement as further described" in Exhibit D attached hereto and made a part hereof. KENT shall be invited to assist the AGENCY in final inspections before the job by the AGENCY. The DEPARTMENT must approve the landscape before the contractor is released. 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. Page 6 of 13 (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 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. 11. LIABILITY AND INSURANCE REQUIREMENTS A. With respect to any of the AGENCY'S agents, consultants, sub'' on sultants;``'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 nor corrlmission of such agents, consultants, subconsultants, contractors and /or :;ssubcontractors. 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,foi' its own negligence. B. In the event that AGENCY contracts;, with rya .thi.rd `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 force :.,..and effect, at contractor's sole cost and expense, Comprehensive General.. Liability with minimum limits of $1,000,000.00 per occurrence combined *singe, 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 _with oLif restrictive endorsements, as filed by the insurance Services Office. The AGENCY-arid DEPARTMENT shall be named as additional insured on such policies, which policies shall accordingly be endorsed. The AGENCY shall deliver proof ofsuch coverage to the DEPARTMENT. ` 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. (6) 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. Page 7 of 13 12. 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. 13. The DEPARTMENT, during any fiscal year, shall not expend money, incur any liability, nor 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 year, but any contract -;so made shall be executory only for the value of the services to be rendered or agree&4o be paid for in succeeding fiscal years; and this paragraph shall be incorporated 'veriiatim 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, 6f. than one year. 14. 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 cia ms, questions, and disputes shall be final and conclusive upon the parties hereto. 15. This Agreement may not be assigned or'transferred by the AGENCY, in whole or in part, without the prior written consent of the DEPAFt7MENT. 16. This Agreement shall be governed by. and construed in accordance with the laws of the State of Florida. In the event:of4.a conflicUbetween any portion of the contract and Florida law, the laws of Florida shall >,prevall. The Agency agrees to waive forum and venue and that the Department shall determirie'the forum and venue in which any dispute under this agreement is decided` 17. 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: State of Florida Department of Transportation 3400 West Commercial Blvd. Ft. Lauderdale, FL 33309 -3421 Attention: Elisabeth A. Hassett, R.L.A. FDOT District 1V Landscape Architect Page 8 of 13 If to the AGENCY: City of Delray Beach 434 S. Swinton Avenue Delray Beach, Florida 33444 Attention: Randal Krejcarek, P.E. With a copy to: City Attorney 18. LIST OF EXHIBITS Exhibit A: Landscape Improvements Location & 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. AGENCY (CITY OF DELRAY BEACH) By: Chairperson /Mayor STATE OF FLORIDA' DEPARTMENT OF.TF By: Trans p. ortation,.De� Attorney ;PORTATION ment Director (SEAL) ;- :Executive Secretary Office of the General Counsel Page 9 of 13 Date SECTION No.: 93030000 FM No.: 428155 -1 -58 -001 & 426012- 1 -58 -01 Connected JPA Nos: & S.R. No.: 806 (Atlantic Avenue) EXHIBIT A ROADWAY PROJECT LOCATION AND LANDSCAPE IMPROVEMENTS LOCATION MAINTENANCE BOUNDARIES FM No. 428155 -1 -58 -001 I. LANDSCAPE IMPROVEMENTS LOCATION: State Road 806 (Atlantic Avenue) from SR 9 (1 -95 Limited.Access;Right of Way) (M.P. 7.376) to NW 121" Avenue (M.P. 7.513). II. LIMITS OF MAINTENANCE FOR LANDSCAPE IMPROVEMENTS: State Road 806 (Atlantic Avenue) medians and areas outside the travelway to the right of way line and areas within the travelway from 'SR 9'(1- 95,Limited Access Right of Way) (M.P. 7.376) to NW 12'" Avenue (M.P. 7.513). FM No. 426012 -1 -58 -001 I. LANDSCAPE IMPROVEM.ENTS'LOCATION: State Road 806 (Atlantic,Aven:Ue) from NW 12" Avenue (M.P.7.513) to Swinton Avenue (M.P. 8.270)• II. LIMITS OF MAINTENANCE FOR LANDSCAPE IMPROVEMENTS: State Road 806�'(Atlantic Avenue) medians and areas outside the travelway to the right of way line and::ar6as within the travelway from NW 12'" Avenue (M.P.7.513) to Swinton Avenue (M.P. 8. 111. LANDSCAPE IMPROVEMENTS MAINTENANCE MAP: See attached project location maps and areas to be maintained by the city Page 10 of 13 Hatched area to be maintained. ........................... . . . . . . . iii .......... /nail ------ • .................. 7joi r? NTHR�� SECTION No.: 53030000 FM No.: 428155 -1 -58 -001 & 426012- 1 -58 -01 Connected JPA Nos: & S.R. No.: 806 (Atlantic Avenue) EXHIBIT B LANDSCAPE IMPROVEMENTS PLANS The AGENCY agrees to install the landscape improvements::in accordance with the plans and specifications attached hereto and incorporated herein. FM No. 428155 -1 -58 -001 Please see attached plans prepared by: PBS &J, Hatry 1 -.- Belton, RLA Date :' Marchi'! 6, 2010 Cotleur & Hearing, Donaldson E. Hearing, RLA Date: March 23, 2010 Page 11 of 13 SECTION No.: 93030000 FM No.: 428155 -1 -58 -001 & 426012- 1 -58 -01 Connected JPA Nos: & S.R. No.: 806 (Atlantic Avenue) EXHIBIT C MAINTENANCE PLAN FOR LANDSCAPE IMPROVEMENTS Page 12 of 13 MAINTENANCE PLAN Landscape Improvements Project State Road No(s): SR 806. Project Limits: SR 9 (1 -95 Limited Access Right of Way) (M.P. 7.376) to NW 121x' Avenue (M.P. 7.513) FM No(s): 428155 -1 -58 -001 Maintaining Agency: City of Delray Beach Date: March 19, 2010 1. General Maintenance Re 4uirements 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 their 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 is recommendations prepared by the Landscape Architect of Record specific to the attached approved plans. 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 over -spray onto travel lanes. Irrigation System: The Agency shall ensure there are no roadway overspray or irrigation activities during daytime hour's (most notably "rush hour" traffic periods). It is imperative the irrigation controller is properly set to roan 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. Page 1 of 6 Lrtearated 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 plant management program is encouraged to ensure healthy plants, which are free of disease and pests. Mulching: 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 that aids in lowering disease susceptibility. Cypress mulch is prohibited on state right of way. 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, and to specific pruning heights maintaining clear visibility for motorists, and vertical clearance for pedestrian, bicyclist, and truck traffic where applicable. Visibility windows must be maintained free of view obstructions and all trees and palms (with particular attention to fronds and fruit) maintained to prevent potential roadway and pedestrian hazards. The specific pinning heights are determined by understanding the designer's intent when selecting and placing the plants. The intended mature maintained height and spread of plants should be noted on the planting plans. (See Specific Requirements and Recommendations per Approved Landscape & Irrigation Design for these guidelines). The understory plant materials selected for use within the restricted planting areas (Limits of Clear Sight) of the medians 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. Staklnij and Guying: All staking materials, except for replacements, are removed by 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 most current FDOT Maintenance Rating Program (MRP). Page 2 of 6 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. Weedina/Herbicide: All planting areas shall be maintained as weed free as practicable enlisting integrated pest management practices in areas specified on the plans and by maintaining proper mulch levels. Extreme care is recommended if using a chemical herbicide to avoid overspray onto plant materials. Any damage resulting from overspray is the applicator's responsibility to restore the plantings to the approved plans. 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 Consumers Services, Grades and Standards for Nursery Plants are permitted on FDOT roadways. Should it become necessary to change the species, a general use permit is required $-orn FDOT for approval by the FDOT District Landscape Architect. Hardsca e (Specialty Surfacing): All specialty pavers and tree grates 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), Section 23 1413 Interlocking Concrete Pavers, Pail 3.05. If the. pavers or tree grates become damaged, they shall be replaced with the same type and specification as the approved plan. Hardscave (Non- Standard Travehvay 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 Constr-ttction, and the FDOT Design Standards for Design, Construction, Maintenance and Utility Operations oil 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, replace of the sign panel, post, and base. Page 3 of 6 Hardsca a Landsca e Accent Li htin 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. Maintenance 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. Website: Series 600 Traffic Control through Work Zones htt : / /www.dot.state.fl.us /rddesi Desi Standards /Standards.htm Vegetation Management at Outdoor Advertising (ODA) In order to avoid conflicts with permitted outdoor advertising, please reference the FDOT website regarding the vegetation management of outdoor advertising. This web site provides a portal to search the FDOT's Outdoor Advertising Inventory Management System Database. The database contains an inventory of outdoor advertising structures, permits and other related information maintained by the Department. Website: Vegetation Management at Outdoor Advertising (ODA) lit : / /www2.dot.state.fl,us /ri htofwa /Default.as x Also, reference the FDOT Landscape Architecture web site (see References below) for information related to the Florida Statutes and Administrative Codes, Vegetation Management Zones, Application for Vegetation Management at Outdoor Advertising Signs and Mitigation Value of Roadside Vegetation. II. Specific Project Site Maintenance Requirements and Recomm_e_ndations: There are two (2) types of turf proposed for this project. For the Stenotaph um secundatum (St. Augustine), see part I Turf Mowing (page 2 of 6). For the Paspalum notatum `Seashore' (Seashore Paspalum), the turf grass shall be maintained per industry standards which is currently a height of no less than one half ( %z) inch and no taller than two (2) inches. A mowing schedule shall be developed to maintain these specified heights year -round based,on seasonal growth rates. Maintain the Paspalum not atum `Seashore' appropriately to avoid thatch build up, which is particularly detrimental to the health of this sod species. De- thatching of the turf may be necessary. This may be accomplished by a vertical mowing (verticutting) technique. Accent Liahtine: Furnishings will be low level directional luminaries manufactured by BEGA Lighting, model ##873IMH and GARDCO Lighting, model DF7. See manufacturer's instructions for upkeep of this lighting. Page 4 of 6 REFERENCES American National Standard Institute, ANSI 4300, (Part I) for Tree Care Operations — Trees, Shrub, and Other Moody Plant Maintenance — Standard Practices (pruning), available for purchase http•/ /www treespecialists com/pdfs /ptitningstandards.pdf Florida Department of Agriculture and Consumer Services, Division of Plant Industry, Florida Grades and Standards for Nursery Stock, available for purchase http•/ /www doacs state fl us/ pi /plantinsp /publications.httnl Florida Department of Transportation, FDOT Design Standards for Design, Construction, Maintenance and Utility Operations on the State Highway System, Index 544 Landscape Installation littp://ww,,v.dot.state.fl.us/rddesi rd/RTDS /08/544.pdf Florida Department of Transportation, FDOT Design Standards for Design, Construction, Maintenance and Utility Operations on the State Highway System, Index 546 Sight Distance at Inter sections littp•/ /www dot state fl'us /rddesi rd/RTDS /08/546. df Florida Department of Transportation, FDOT Design Standards for Design, Construction, Maintenance and Utility Operations on the State Highway System, Index 700 Roadside Offsets http://www.dot.state.R.iis/rddesign/i d/RTDS /OS /700.pdf Florida Department of Transportation, FDOT Plaits 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 (for existing) trees litt,2://wwNv.dot.state.fl.us/rddesign/ P-PMMaillI l/2008/Volumel/zQl'aV02.12d f Florida Department of Transportation, FDOT Standard Specifications for Road and Bridge Construction, Section 580 Landscape Installation htt : / /www.dot.state.fl.us /s ecificationsoffice /Itn leinented/CurrentBK/CurrentS ecs /580. df Florida Department of Transportation, Maintenance Rating Progran2 Handbook htt :l /ombnet.dot.state.fl.us/ rocedureslbinfflfj 5002. df Florida Department of Transportation, Landscape Architecture Website htti)://www.dot.state.fl.us/emo(bea-Lt!ytL)eauty.sht ul Interlocking Concrete Pavement Institute (ICPI) http: / /www.icpi.or http: / /wNvw.fisstate.org Page 5 of 6 International Society of Arboriculture (ISA) www.isa- arbor.cotn Manual on Uniform Traffic Control Devices littp://www.i-nutcd.fliwa.dot.gov Florida Irrigation Society htti)://www.fisstate.or Florida Department of Community Affairs (FCA), Florida Board of Building Codes & Stan.dal•ds, Florida Accessibility Code for Building Construction htq?://www.dca.state.fl.us/fbc/publications/I publications.htm Guide to Roadside Mowing and Guide to Tui f Managerrrent, available for purchase http://infojiet.dot.state.fl.us/SuppoitSel-vicesOffid e /Ulist.htm Accessible Sidewalk Videos (ADA) htqp://www.access-board.p_ov/ne-,vs/Sidewalk-videos.htm Page 6 of 6 MAINTENANCE PLAN Landscape Improvements Project State Road No (s): Project Limits: FM No(s): Maintaining Agency: RLA of Record: Date: SR 806 (Atlantic Avenue) from NW 12t" Avenue (MP 7.513) to Swinton Avenue (MP 8.270) 426012 -1 -58 -001 City of Delray Beach Donaldson E, Hearing R.L.A. 943 March 09, 2010 I. General Maintenance Requirements 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 their 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 Plaits Preparation Manttal Vol. I, Chapter 2.11 and FDOT Standaf d Specifications for- Road and Bridge Constrnection 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 is recommendations prepared by the Landscape Architect of Record specific to the attached approved plans. Waterinix 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 over -spray 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 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. Page 1 of 7 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 plant management program is encouraged to ensure healthy plants, which, are free of disease and pests. Mulching: 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 that aids in lowering disease susceptibility. Cypress mulch is prohibited on state right of way. Prunin : 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 maintaining clear visibility for motorists, and vertical clearance for pedestrian, bicyclist, and truck traffic where applicable. Visibility windows must be maintained fiee of view obstructions and all trees and palms (with particular attention to fronds and fruit 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 should be noted on the planting plans. (See Specific Requirements and Recommendations per Approved Landscape & Irrigation. Design for these guidelines). The understory plant materials selected for use within the restricted planting areas (Limits of Clear Sight) of the medians 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 Prograyn (MRP) standards. Staking and Guying: All staking materials, except for replacements, are removed by 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 most current FDOT Maintenance Rating Program (MRP). Page 2 of 7 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 Progrmn (MRP) standards. Weeding /Herbicide: All planting areas shall be maintained as weed free as practicable enlisting integrated pest management practices in areas specified on the plans and by maintaining proper mulch levels. Extreme care is recommended if using a chemical herbicide to avoid overspray onto plant materials. Any damage resulting from overspray is the applicator's responsibility to restore the plantings to the approved plans. 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 Consumers Services, Grades and Standards for Nursery Plants are permitted on FDOT roadways. Should it become necessary to change the species, a general use permit is required from FDOT for approval by the FDOT District Landscape Architect. Hardscape (Specialty Surfacing): All specialty pavers and tree grates 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), Section 23 14 13 Interlocking Concrete Pavers, Part 3.05. If the pavers or tree grates become damaged, they shall be replaced with the same type and specification as the approved plan. Hardscape (Non- Standard Travelway 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, replace of the sign panel, post, and base. Hardsca a (Landscape Accent Li htin 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 Page 3 of 7 become damaged, they shall be replaced with the same type and specification as the approved plan. 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. Website: Series 600 Traffic Control through Work Zones littp://www.dot.state-fl.us/rddes esignStandards /Standards.htm Vegetation Management at Outdoor Advertising (ODAI 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. Website: FDOT Outdoor Advertising Database htt : / /www2.dot.state.fl.us /ri litofwa /Default.a§ x Also, reference die Florida Highway Beautification Program website link for Vegetation Management at ODA signs -for the Florida Statutes and Administrative Codes related to Vegetation Management at Outdoor Advertising Signs and Permit Applications for Vegetation Management and Outdoor Advertising Signs determining Mitigation Value of Roadside Vegetation. Website: FDOT Environmental Management office for Landscape Architects http://www.dot.state.fl.us/emo/beaiity/FLA.slitm Page 4 of 7 11. Snecific Project Site Maintenance Re uia•ements and Recommendations: The proposed landscape will provide new shrubs in all medians and new palms in those medians where tapers and sight line restrictions are not present. All median areas are irrigated.' The Dwarf Crown of Thorns (EU) and Bromeliads are susceptible to root rot. Adjust depth of mulch to avoid root rot. Bromeliads may over time become overcrowded in the planting beds. If this distracts from the appearance of the Landscape, the City may thin out the beds. Any Bromeliads thinned out of the beds can be replanted offsite on other City properties if desired by the City of Delray Beach. The Blanchetiana Bromeliad will flower in the spring. Flower stalks may be removed after all the bracts are gone. Both the Donger Bromeliad (ND) and the Dwarf Crown of Thorns (EU) may require replacement in 4 -5 years intervals, much like annuals, to maintain a fresh appearance. All the proposed plant material has been selected for its xeriseape qualities and drought tolerance. Maintain the irrigation system to minimize overwatering. Bromeliads in particular do not perform well in overwatered conditions. Most of the existing trees and palms within road tapers and sight triangle lines are restricted from being replaced should they be removed or die. The existing irrigation system will be replaced, including new valves, irrigation heads, nozzles, fittings, pipes, controllers, clocks, etc. The existing meters and pressure valve breakeis.will be utilized. There are no ODA signs within the project limits. Page 5 of 7 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. American National Standard Institute, ANSI A300, (Part 1) for Tree Care Operations — Trees, Shrub, and Other Woody Plant Maintenance Standard Practices (Pruning), available for purchase http/ /www treespecialists copl/pdfs /pruninpstandards.pdf Florida Department of Agriculture and Consumer Services, Division of Plant Industry, Florida Grades and Standards for Nursery Stock, available for purchase http• / /www doacs state fl us /pi /plantiiisp /p ublications.html Florida Department of Transportation, FDOT Design Standards for Design, Construction, Maintenance and Utility Operations on the State Highway System, Index 544 Landscape brstallation l,ttp://Nvww.dot.st,ite.fl.us/rddesiwV rd/RTDS /08/544. df 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 littp://www.dot.state.fl.us/rddesimird/RTDS�/08/546.pdf Florida Department of Transportation, FDOT Design Standards for Design, Construction, Maintenance and Utility Operations on the State Highway System, Index 700 Roadside Off ets http•/ /www dot state fl us /rddesip,n/rd/RTDs /08 /700.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 (for existing) trees http : / /www.dot state fl us/ rddesign/ PPMManuaU2008 /Volumel /zChapO22.p Florida Department of Transportation, FDOT Standard Specifications for Road and Bridge Construction, Section 580 Landscape Installation http/ /www dot state fl us/ specificationsoffice/ Imjlemented /CurrentBK/CurrentSpecs /580.pdf Florida Department of Transportation, Maintenance Rating Program Handbook http: / /ombnet dot state fl us /procedures /bin /850065002.pdf Florida Department of Transportation, Landscape Architecture Website littp:Hwmr%v.dot.state.fl.us/eiiio/beal-it /beaut .shun Page 6 of 7 Interlocking Concrete Pavement Institute (ICPI) http• / /www.icpi.or http: / /www.fisstate.org International Society of Arboriculture (ISA) www.isa- arbor.com Manual on Uniform Traffic Control Devices httD://www.t-n,Litcd.fbwa.-dot-gov Florida Irrigation Society bttp://www.fisstate.or Florida Department of Community Affairs (FCA), Florida Board of Building Codes & Standards, Florida Accessibility Code for Building Construction littp://www.dca.state.fi.tis/fbc/publications/l. Mublications.htm Guide to Roadside Morning and Guide to Turf Managentent, available for purchase http://infonet.dot.state-fl.us/SupportServicesO ice/plist.htm Accessible Sidewalk Videos (ADA) littp://ww-w.access-board.gov/llewS+/sid6walk-videos.htm Page 7 of 7 SECTION No.: 93030000 FM No.: 428155 -1 -58 -001 & 426012 -1 -58.01 Connected JPA Nos: & S.R. No.: 806 (Atlantic Avenue) This Exhibit forms an integral part of the DISTRICT FOUR (4) LANDSCAPE- MAINTENANGE MEMORANDUM OF AGREEMENT between the State of Florida, Department of Transportation and the AGENCY. This Exhibit forms an integral part of the DISTRICT FOUk`.,O) LANDSCAPE MAINTENANCE MEMORANDUM OF AGREEMENT between the State of.,Florida,• Department of Transportation and the AGENCY. FM No. 428155 -1 -58 -001 Anticipated Term,s.of a Separate Agreement I. FDOT PARTICIPATION., $199,760.00 AGENCY PARTICIPOON: No Match Required Via Separaf Agre; -, II. APPROXIMATE LANDSCAPE IMPROVEMENT COST: $199,830.40 FM No. 426012-1 `` =5$ -001 >, Anticipated Terms of a Separate Agreement L FDOT PARTICIPATION: $200,000.00 AGENCY PARTICIPATION: No Match Required Via Separate Agreement II. APPROXIMATE LANDSCAPE IMPROVEMENT COST: $209,018.93 Amounts are approximate Page 13 of 13 STATE ROAD 806 - Defray Beach Gateway Statement of Probable Costs March 24, 2010 GRAND TOTAL $199,830.40 The Departments Participation Shall be Limited as provided by the Joint Participation Agreement. $110,628.50 Landscaping Sod Pas alum nolatum 2585 SY $6.00 $15,510 Stenota hrum secundatum 7968 SY $2.50 $19,920 Shrubs TYPE Bou alnvillea'Barbara Karst' SIZE 7 al.; 48" w/3 runners min. EA $62.50 i 000 Hamelia patens 3 ai.•18"ht x 18" s r. EA $10.00 $2 400 Helianthus debilis 1 al.; 6" ht x 6" s r K240 EA $4.50 $3,915 Muhlenber is ca illaris 1 al.; 12 "ht x 6 "s r EA $3.75 $2 286 Ne hrole is falcata 3 al.• 16 "ht x 16 "s r EA Si 0.00 $8 700 Philiodendron bifinnatifidum 3 al.; 20 "ht x 20 "s r 8 EA $9.50 $f ,406 Serenoa Re ens 7 al.; 24 "ht x 18 "s r 302 EA $75.00 $22,650 Trees TYPE Bulnesta arborea SIZE 12' hl. x 5' s r., 2 -112" caliper 3 EA $450.00 $1,350 Coccoloba uvifera 10' ht. x 6' s r. 1 EA $185.00 $185 Quercus vir Iniana 16' ht.x 8' s r.• 3" call er 6 EA $800.00 $4,800 Ro stonia re is 8', 12-'&- 16' GW 15 EA $1,200.00 $18,000 Sabal palmetto 12' -20' Clear Trunk 12 EA $165.00 $1,980 Tecoma stans 1W ht.x 4' s r. 8 EA $185.00 $1 480 Tree Relocations 2 EA $210.00 $420 Quercus virgInlana 5 EA $100.00 $500 Sabal palmetto Tree Protection 1375 LF $3.00 $4125 $42,901.50 Irri anon shrub bubblers 333 EA $12.00 $3,996 6" s ray heads 63 EA $24.00 $1,512 popup 12" popup spray heads 57 EA $28.00 $1,596 rotor heads 64 EA $45.00 $2,8 0 PVC laterals 6800 LF $3.00 $20,400 PVC main 1165 LF $4.50 $5,243 HDPE sleeves 210 LF $5.00 $1,050 zone valves w/ box 25 EA $185.00 $4,625 vAre 8000 LF $0.20 $1,600 S 24,890.00 L(ahting Low Level Luminaires; BEGA Model 8731 MH 26 EA $ 715.00 $ 18,590-001 Ground Mount Accent Light, GARDCO Model DF7 14 EA $ 450.00 5 6,300.00 GRAND TOTAL $199,830.40 The Departments Participation Shall be Limited as provided by the Joint Participation Agreement. 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