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Res 08-07 ( "-, /~ RESOLUTION NO. 8-07 A RESOLUTION OF THE CI1Y COMMISSION OF THE CI1Y OF DELRA Y BEACH, FLORIDA, AUTHORIZING THE PROPER CI1Y OFFICIALS TO EXECUTE A MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FOR MAINTENANCE BY THE CI1Y OF A PORTION OF US 1 LOCATED WITHIN THE CI1Y OF DELRAY BEACH; PROVIDING FOR CONFLICTS; PROVIDING AN EFFECTIVE DATE NOW, THEREFORE, BE IT RESOLVED BY THE CI1Y COMMISSION OF THE CI1Y OF DELRA Y 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 US 1, 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 That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict.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 ADOPfED m regular session on this the lu ~ day nf ~ ~..) .2007. ~lt;. YOR '- ATTEST: ~ ~~ \). ~H~':') City Clerk [IT' DF DELRAY IEA[H DELRAY BEACH f L 0 . I D A iliad All-America City , , III! CITY CLERK 100 nIN, 1st AVENUE DELR/lY BEACH. FLORIDA 33444 561/243-7000 1993 2001 CERTIFICATION I, CHEVELLE D. NUBIN, City Clerk of the City of Delray Beach, do hereby certify that the attached document is a true and correct copy of Resolution No. 8-07, as the same was passed and adopted by the Delray Beach City Commission in regular session on the 6th day of February, 2007. IN WITNESS WHEREOF, I have hereunto set my hand and the official seal of the City of Delray Beach, Florida, on this the 8th day of February, 2007. ~~ ~.~~..:. Chevelle D. Nubin, CMC City Clerk City of Delray Beach, Florida \;. L _,'" .~ ~.l H I ,- i*iS:"~" \' 1 '\ ,"OJ i' , 'f, t, ,,"I,' ' (, ,,'Al't't i \, / ) 6 ~ \! '~l}:J.,I7i . ~'\, :{';~',/; '1 .. ~. I .t. " . f \1, j,o' n (.} '.,""," @ Printed on Recycled Paper THE EFFORT ALWAYS MATTERS MEMORANDUM SUBJECT: MAYOR AND CI1Y COMMISSIONERS CITY MANAGER ~ I AGENDA ITEM # 1; , N - REGULAR MEETING OF FEBRUARY 66 2007 RESOLUTION NO. 8-07/FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT)/LANDSCAPE IMPROVEMENTS/US 1 CORRIDOR FROM THE C-15 CANAL TO TROPIC BOULEVARD TO: FROM: DATE: FEBRUARY 2, 2007 This is before Commission to consider adoption of Resolution No. 8-07 authorizing execution of a Maintenance Memorandum of Agreement (MOA) with the Florida Department of Transportation (FDOT) for maintenance of landscaping along the US 1 corridor from the C-15 Canal to Tropic Boulevard; the Florida Department of Transportation (FDOT) will construct the landscaping improvements and the City will be responsible for landscape maintenance. There is no cost to the City for the installation of landscaping. Recommend approval of Resolution No. 8-07 authorizing execution of a Maintenance Memorandum of Agreement (MOA) with the Florida Department of Transportation (FDOT) for maintenance of landscaping along the US 1 corridor from the C-15 Canal to Tropic Boulevard. S:\City Oerk\AGENDA COVER MEMOS\City Manager Memos\city 11W1ager'S memo Res No 8-07 Maintenance MOB FOOT for US 1 from CIS Canal to Tropic Blvd0206.07.doc City Of Delray Beach Department of Environmental Services M E M 0 RAN D U M FROM: David T. Harden /) / /J Randal L. Krejcarek, PE R~ 30 Jan 2007 TO: DATE: SUBJECT: FOOT Maintenance Memorandum of Agreement US 1 from C-15 Canal to Tropic Blvd FIV! # 413839-01 City Project # 2004-069 Commission Agenda Item The attached agenda item is to request for Commission approval/authorization for Mayor to execute Maintenance Memorandum of Agreement with Florida Department of Transportation (FOOT) for the maintenance of landscaping along US 1 corridor from the C-15 to Tropic Blvd. FOOT will construct the landscaping improvements and the City will be responsible for landscape maintenance. There is no cost to the City for the installation of landscaping. A location map is attached. If this meets with your approval, please place it on the 06 February 2007 Commission meeting, for approval. Thanks! enc cc: Richard C. Hasko, PE, Environmental Services Director Chevelle Nubin, City Clerk Project File 5: IEngAdmin IProjects 12004 12004-069 I OFHCIAL 12007-02-06 agenda memo. doc Page 1 of 1 Smith, Douglas From: Shutt, Brian Sent: Friday, February 02,20078:08 AM To: Smith, Douglas Cc: Krejcarek, Randal Subject: FDOT maintenance memorandum of agtlLanscaping in the US 1 corridor This agreement is legally sufficient. R. Brian Shutt Assistant City Attorney 200 N.W. 1st Avenue Delray Beach, FL 33444 (561 )243-7091 Fax (561 )278-4755 shutt@ci.delrav-beach.fI.us 2/2/2007 RESOLUTION NO. 8-07 A RESOLUTION OF THE CI1Y COMMISSION OF THE CI1Y OF DELRA Y BEACH, FLORIDA, AUTHORIZING THE PROPER CI1Y OFFICIALS TO EXECUTE A MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FOR MAINTENANCE BY THE CI1Y OF A PORTION OF US 1 LOCATED WITHIN THE CI1Y OF DELRAY BEACH; PROVIDING FOR CONFLICTS; PROVIDING AN EFFECTIVE DATE NOW, THEREFORE, BE IT RESOLVED BY THE CI1Y COMMISSION OF THE CI1Y OF DELRA Y 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 US 1, 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 10 regular seSSion on this the _ day of . 2007. MAYOR ATTEST: City Clerk SECTION NO.: FM NO,(s): COUNTY: S.R. NO.: 93010 413839-1-52-01 Br6WAJd rfAltn !,iAC!/ 5 DISTRICT FOUR (4) 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 Defray Beach, a political subdivision of the State of Florida, existing under the Laws of Florida, hereinafter called the AGENCY. WIT N E SSE T H: , WHEREAS, the DEPARTMENT has jurisdiction over State Road 5 as part of the State Highway System; 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 const11lcted and does maintain the highway facility as described in Exhibit A attached hereto and incorporated by reference herein, within the corporate limits (or unincorporated if County) of the AGENCY; and WHEREAS, the AGENCY is of the opinion that said highway facilities that contain landscape medians and areas outside the travel way to the right of way line, excluding standard concrete sidewalk, shall be maintained by periodic trimming, cutting, weeding, mowing, fertilizing, litter pick-up, necessary replanting, irrigation repairs, and median concrete replacements as needed; and WHEREAS, the parties hereto mutually recognize the need for entering into an Agreement designating and setting faIth 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; NOW THEREFORE, for and in consideration of the mutual benefits to flow each to the other, the pa1ties covenant and agree as follows: 1. The DEPARTMENT hereby agrees to install or cause to be installed landscape, irrigation and/or hardscape on the highway facilities substantially as specified in the initial plans and specifications hereinafterreferred to as the Project and incorporated herein as Exhibit B, If there are any major changes to the plans, the Department shall provide the modified plans and the AGENCY shall provide their approval or disapproval within 10 business days. The Department may elect to withdraw the landscape if changes are not approved within the given time frame. Hardscape shall mean any non-standard roadway, sidewalk or median S:'MainfLllndscape\MqA Folders\MOA Dnln:,;\SH :' 41 JiU9 DelrayBeach.doc Pag;;: . 1 . surface such as, but not limited to interlocking concrete or brick pavers, stamped asphalt and stamped concrete. 2. The AGENCY agrees to maintain the landscape and irrigation within the medians and areas outside the travel way to the right of way line by periodic trimming, cutting, mowing, fertilizing, curb and sidewalk edging, litter pickup and necessary replanting, following the DEPARTMENT'S landscape safety and plant care guidelines and as provided by Exhibit C. The AGENCY'S responsibility for maintenance shall include alllandscapedltmfed areas and areas covered with interlocking pavers or similar type surfacing (hardscape) within the median and areas within the travel way to the right of way line, including paver sidewalks, paver intersections and all paver header curbs, stamped asphalt and concrete areas. It shall be the responsibility ofthe AGENCY to restore an unacceptable ride condition ofthe roadway caused by the differential characteristics of the paver brick and/or the header curb on Department of Transportation right-of-way within the limits of the Project. Such maintenance to be provided by the AGENCY is specifically set out as follows: To maintain, which means the proper watering and fertilization of all, plants and keeping them as free as practicable from disease and harmful insects; to properly mulch the plant beds; to keep the premises free of weeds; to mow and/or cut the grass to a proper length; to properly prune all plants which includes: (1) removing dead or diseased parts of plants, or (2) pruning such parts thereof which present a visual hazard for those using the roadway. To maintain also means removing or replacing dead or diseased plants in their entirety, or removing or replacing those that fall below original Project standards, All plants removed for whatever reason shall be replaced by plants ofthe same size and grade as specified in the original plans and specifications. To maintain also means to keep the hardscape areas free from weeds and replacement of any areas becoming in disrepair so as to cause 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. Plants shall be those items which would be scientifically classified as plants and include but are not limited to trees, grass, or shrubs. Ifit becomes necessary to provide utilities to the median or side areas (water/electricity) for these improvements, all costs associated with irrigation maintenance, impact fees and cOlmections as well as on-going cost of water are the maintaining AGENCY'S responsibility. 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, 3. If at any time after the AGENCY has assumed the landscape installation and/or maintenance responsibility above-mentioned, it shall come to the attention of the DEPARTMENT'S District Secretary that the limits or a part thereof is not properly maintained pursuant to the tenns of this Agreement, said District Secretary may at his option issue a written notice that a S:!\.'i3int\Landscape',MOA Foldcrg\IVI(l/\ Drafts\SR 5 .:j 13839 Defray Be:Jch.doc Page - 2 - deficiency or deficiencies exist(s), by sending a certified letter to the AGENCY, to place 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: (a) Maintain the landscape or a part thereof, with DE'PARTMENT or contractor's personnel and invoice the AGENCY for expenses incurred, or (b) Tenninate the Agreement in accordance with Paragraph 7 of this Agreement and remove, by DEPARTMENT or contractor's personnel, all of the landscape/hardscape installed under this Agreement or any preceding agreements except as to trees and palms and charge the AGENCY the reasonable cost of such removal. 4. It is understood between the parties hereto that the landscape covered by this Agreement may be removed, relocated or adj listed at any time in the future as determined to be necessary by the DEPARTMENT in order that the adjacent state road be widened, altered or otherwise changed to meet with future criteria or planning of the DEPARTMENT. The AGENCY shall be given sixty (60) calendar days notice to remove said landscape after which time the DEPARTMENT may remove same. All pennits (including tree permits), fees, and any mitigation associated with the removal, relocation or adjustments ofthese improvements are the maintaining AGENCY'S responsibility. 5. The DEP ARTMENT agrees to enter into a contract for the installation oflandscape Project for an amount not to exceed $68.458.00 as defmed in Exhibit D. The DEPARTMENT'S participation in the Project cost, as described in Exhibit C is limited to only those items which are directly related to this Project. The AGENCY shall be invited to assist the DEPARTMENT in final inspection at the end of the contractor's 365 day warranty and establishment period. 6. The AGENCY agrees to reimburse the DEPARTMENT all monies expended for the Project, should the landscapelhardscape areas fail to be maintained in accordance with the terms and conditions of this Agreement. 7. This Agreement may be tenninated under anyone (1) of the following conditions: (a) By the DEPARTMENT, ifthe AGENCY fails to perform its duties under Paragraph 3, following ten (10) days written notice. (b) By the DEPARTMENT, for refusal by the AGENCY to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the AGENCY in conjunction with this Agreement. .'~ ~'.:I~1li~~'.L;~n(~.~'.c.::'1pi~' ....J!,JA ;: ;~~d.::'\'.~. \..:i{):\. ()rtij'r~c :":.H ::: -'I '~:<~i) ih~!:',,~... ih',jc~;..i~),' Page 3 8, The tenn of this Agreement commences upon execution. 9. To the extent pemlitted by law, the AGENCY shall indemnify and hold harmless the DEPARTMENT, its officers and employees from all suits, actions, claims and liability arising out of the AGENCY'S negligent perfonnance of the work under this agreement, or due to the failure ofthe AGENCY to maintain the Project in confonnance with the standards described in Section 2 of this Agreement. 10. The AGENCY may construct additionallandscape/hardscape within the limits of the rights- of-ways identified as a result of this document, subject to the following conditions: (a) Plans for any new landscape/hardscape 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) All landscape shall be developed and implemented in accordance with appropriate state safety and road design standards; (c) The AGENCY agrees to comply with the requirements of this Agreement with regard to any additional landscape installed; (d) No change will be made in the payment terms established under item number five (5) of this Agreement due to any increase in cost to the DEPARTMENT resulting from the installation of landscap~ added under this paragraph. 11. 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. 12. 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 ofthis subsection is null and void, and no money may be paid on such contract. The DEPARTMENT shall require a statement from the Comptroller of the DEPARTMENT that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding one (1) year, but any contract so made shall be executory , only for the value ofthe services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shan 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 ofrnore than 1 year. 13. 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 .\.:1().\ r,'!,~ '.\:It)./:':.. ()f:.~f::~'. ~i.~ :. ~,j .;:~~..~~.i Lk. :. '; ~.' \ i "'. .; j . ~: :. . Page 4 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. 14. This Agreement may not be assigned or transferred by the AGENCY in whole or part without the consent of the DEPARTMENT, 15. 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 ofthe contract and Florida law, the laws of Florida shall prevail. 16. 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 If to the Agency: City of Delray Beach IOON,W. 1st Avenue Delray Beach, Florida 33444 Attention: Randal L. Krejcarek, P.E. Park Planner & Landscape Architect ".,\'L~in(.L:).nd~(~~lp(.~..:\,..t(:.ii\ ;~\}JdC'l'''; :"'/~(\~; ::~~.'~;.ft:. (.~.~F, ~ :~ i .<".J<; \)~"~~ ~"-: f~,.;;,)i"~{ {><. Page 5 IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective the day and year first above written. AGENCY STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: By: Chairperson Transportation Development Director Date Attest: Clerk (SEAL) Attest: Executive Secretary (SEAL) Approval as to Form Date Approval as to Form Date S:'l\1<lint"Landsc<lp,:\j\10A Folder:'i\l'vtOA Draf,<;\SR 5 4 UfU9 betray Beach.doc Page 6 SECTION NO.: FM NO,(s): COUNTY: S.H.. NO.: EXHIBIT A I. PROJECT LOCATION: State Road 5 fro111 Sta, 716+00 to Sta. 767+64 n. PROJECT LOCATION MAP: t t':: .....: ';'j !: ~ j \l J ; ! ! ~ f' "/; ! ~ l ,r'i" 41 ~ ~ i Llf'COr,Rld?nC:r W lS,t')i1 SlY\! ,~~ ~ .( "U.t>.H :;(.lto.1i P..,. "!M:[o;.W,,'t' '" il ~ l'~~jJ L~~'~ } ,... l 1: ;,.. JlI'~IIIi1tf'. ii. ' ,t'\'l',lnHfI( ~ II; ~: .. :tJlI:'"I. ~lk.,.. ~ : 1'''' ~, ~.j' " ~I"- 1- , ~ ~ "<. " " ,. . ~ i j j P(lrtt (II Os~"'YI>l' c-.~I~lld.. If,illln:fori ~ 1I.:rt(jb' UIu'l)l'llCd c.......... ('''' """-,...c. .~ ~<,;, /~ ~ -'4 J; Ih!Il~St .~ , .~ >.' ;p \.,~~/tyft CI't"Slili'i1!l"\ 11 ~''''dul r-lt!r1IJIror" :l-......R.~ l.:ollhnulc Or (ff r:"?IflC.. GtBf'.ull! r.1I j "'""x, CJ\ A -, :~. sc-c;uo, lollJ\ %. " '~ Sin-il...Jt.(dt.:1 .:~ .. lji~.(.o\.n Mo:....~A(:li L~l"' ~~ <t l 0..,. ....10.1 ~..':uUW'. o.l'nt,1' crull \'/ Ijiddert Valt!y 6tvd .,' f)&I""' ,.",. :~,~; l.\~JHI~lDt :}', (, UI\Wn 1:I!1"f'd ~ 1 t i ~ .., " I4ltICWY \\ ~~ " t...l! ~I f :,~ ~ T'~IIM:I t>>:l!I'ld'-'t\.h" ~UIiM GllOOns ~t }rlJplct.lo !b'.yI1I Dr ~,~ A\"Cflur.l.: (~lwe'll) l}.~I)r ~""~~01 :1 1<:1I\l)f 93010 413839-1-52-01 Palm Beach 5 i A tin ntlc [ GarCl'!1l!6Cr Ocean { ~ t; ri)wftflDl' ~ ! I,ISOI ~ ..~ J,1sll'lnet.'r'.. '" ~ L: ~ ~ i ~ 0: ' ;, iiol Iltc~.~a,u...( '''".,,'OV-iy ~ h 2 \..all.. c........ ,\'1:"1 \'..... ~ ~, n 2 ~ 0'; '1{ilj """''' ~ t Ii ~ it 1 11r.7td1!1l l SECTION NO.: FM NO.(s): COUNTY: S.R. NO.: 93010 413839-1-52-01 Broward 5 EXHIBIT B PROJECT PLANS The Department agrees to install the Project in accordance with the plans and specifications' attached hereto and incorporated herein. Pleas see attached plans prepared by: Robert Bentz Dated: December 22,2006 "~:' \,1.nrH' "'~.i{)/!> ~. i'~~~,k:'::~ ;''':If)-\ i)r~_i.fr~;'.~<~:~ :~,:~ ,:'~;::,..~..9 !'L:'h...~\, ;'~\:~;.i{._'~Ld,..;~: SECTION NO.: FM NO.(s): COUNTY: S.R. NO,: 93010 413839-1-52-01 Broward 5 EXHIBIT C MAINTENANCE PLAN This Exhibit forms an integral part of the DISTRlCT FOUR ( 4) HIGHWAY MAINTENANCE MEMORANDUM OF AGREEMENT between the State of Florida, Department of Transportation and the AGENCY. Dated: November 3. 2006 -".:; ".."L~~r:; i....!nd..~,..:::);.... \H .l~~ r,:,~d('t''''; .:"'/.H)/~.1.iL\U~~.~ ~~;y:_ ~:- .~ j :...: :~q ~:1~~Ji:.~~. 1~::.:..1;..; ..:" 1\1AINTENANCE PLAN Project Name:_SR. 5 (US-t) Dekay Beach from C-15 Canal to Tropic Blvd, Project Limits: Sta. 716+00 to Sta. 767+64.00 Landscape and Irrigation Plans FM No,: __413839-1-52-01 Agency:_---.:Delray Beach________ The purpose for the following performance based descriptions of landscape maintenance practices is to allow the plant material on your pl"Oject to thrIve in a safe and vigorous manner, Plantings shall be maintained to provide required visibility and conform to all of the rcqui reel setbacks as set f0l1h by Florida Department 0 f Transportation l s governing standards and specifications; FDOT Design Standards (Most Current Date) and Standard Speci l'ications for Road and Bridge Construction (Most Current Datc), as amended by contract documents, Watering Requirements: Watering is probably the 1110st critical concern regarding the maintenance of healthy plant material. The amount of water to apply at anyone lime varies with the weather, drainage conditions and water holding capacity of the soil. Proper watering techniques should provide even and thorough water dispersal to wet the entire root zone but not to saturate the soil and should avoid over-spray onto travel lanes, Furthermore, the Agency should maintain the rain sensors (if on an irrigation system), to ensure that they are functioning properly and that the system does shut down when there is surricknl rainfall. Avoid extremes in watering, Light, frequent watering is ineffective and produces shallow root systems. Excessive watering that keeps the root zones saturated may kill the plant material clue to the lack ofavallable air to the root zone, A typical rule ofthurnb is that turf areas should recei ve on an average, a minimum of I" of water per week, with an equal or lesser amount for trees and shrubs, depending on their individual water llsage, Irrigation: Ensure there is no roadway overspray or irrigation activities during the daytime hours (most notably rush hour tramc periods), F crtd iza tio 11/ In sect i c ides/Fun gi ci des: Due to the poor shallow root soils of the South Florida area, coupled with heavy rainfall during the growing season, available nutrient levels for landscape materials are very low, therefore nutrient atnendments are essential A soil ailalysisof each planting site should be done to determine the nutrient levels needed for vigorous plant growth, Palms, shrubs, trees and turf areas should be fertilized in such a manner and frequency to ensure that the plantmaterial remains healthy, without under or over nourishing them, An integrated plant management program is required to ensure healthy plants, n'ce ofdisease and pests. Insecticides and fungicides shall be applied as needed to ensure that plants and grass remain pest and disease free, Mulching: Planting beds should be mulched in such a manner as to: prevent wced growth, retain moisture l'or use by plants, protect soil n'om erosion ancl the loss of nutrients, maintain a more ulIiform soil tcmpe:ratme and maintain a manicured appeac<lncc, ~v'lLllch should always be kept away fron'1 the trunks 0['trec5, shrubs ancl palms to prevent rottingancl susceptibility to disease, No Cypress mulch should be utilized, ~rllning~ All pruning shall adhere to ANSI A300 standards (and safety criteria adhered to) and shall be overseen by an [SA Certified Arborist. The older fronds on the Royal Palms shall be routinely pruned to insure that fronds do not fall onto any travel lanes, All pruning shall be done with the health ancl natural growth of the plant materials in mind ancl to specific pruning heights of the landscape material shall be determinedlll order to maintain clear site windows and vertical clearances for pedestrian and truck traffic where applicable, Visibility windows must be free of obstructions, The desired growth habit in landscape planting beds shall be sLlch that shrubs of the same species shall develop into a single mass and be kept separate 1'1'0111 adjacent masses of other species, Staking and Guying; All st8king materia! (except for 1'f:oph1cements) wi!l!:lf' re'''()\I(~d at the completion of the one year warranty period before the city takes over, Turf Mowing: All grassed areas are to be mowed and trirnmecl with sufficient frequency to maintain a neat ancl clean appearance, Litter CQJ}j:rol: The project site shall remain litter free.. Weeding/Herbicide: All planting areas shall be maintained to be as weed free as possible with mechanical and/or chemical weeding, and where specified on plans, with mulch properly applied and maintained, When utilizing herbicide, extreme care should be taken to avoid any overspray onto plant materials. Any damage resulting from overspray will be the applicator's responsibility to restore per approved plan, Opinion of Construction Cost - Median Irrigation System SR 5 I Federal Highway FPIO: 413839-1-52-01 08/G' Revised' October 16, 2005 N/A fv1aintainiJiQ Autf.iority . City of Delray Beach Station: 716+00 to 767+64,00 Pay Itom Item Descriotion Unit Qty. Unit Price Total Waler meter 1 1/2" Eo 1 52,000.00 52,000,00 PVB 1 1/2" Eo 1 51,000,00 $1.000,00 Ma In Line 2" LF 550 $350 $1.925,00 Steevino - Ooen road cut 2-4" LF 755 $1500 S 11,325,00 Sleevina - Directional bore 2-4" LF 190 530,00 $5,700,00 Brass GV 2" Ea 1 530000 5300,00 Rev 1.5" Ea 6 $400,60 $2,400,00 S orav Heads 6",12" ar\d Risers Ea 124 $3500 $4,340,00 Con troller Motorola Piccollc-XR Ea 3 52,500 00 $7,WOOO Sub Total 536.490,00 Profit/Overhead $ 7,298,00 Maintaining Authority: City of Delray Beac~ 590.70 GRAND TOTAL LS 1 I $43,788,00 . (/) ...J e:! c:: W t- e:! 2 u.! 0- e:! C,).c. (/) ~ Cl Q) zm e:! >. ....I ('tl " L- o Q) LLO W l- e:! 2 l- (/) W l- (/) o C,) o > ..J CO U - 0... o ~ ~ 0== ~~- ..Jw9 -< CO ir~ Z>-I 0~~ II? ~ 00 ~~:3 (f)Q"1' !..- S ~j ~ () i- co- 'Z ,'C( ::> (') .')) '~' ;'\. ",. ,",- ::) t.:.} " ',f.:- - ~. ~ '.'''''' i/) 1,1; i- I;) o U 800888 '0'0 ' 0: ' ,""" 0'1.0 ..- ,0 <0 ..- CO, ('- ..- I'- (j) ("),,,,,"'('-' "<0 <0, - -, - ,- f;/)-Ef} .,..- C"') ~ If) : !It !It If) , ID ~ CD CD 8 L{) L.Cl ('') ..- '<t ..- 1.0 U"'),-.,..-.,..-,-(") 0'0 0 0 0 0 000000 NI.O<Oo)(") 1.0 !A&Tlf).!It!lt1f) '.'-1 ,'~i: ,"'Sl i;~i l.()! 'I (;2' ','~I )J, ~=I ~j'1 ,'i! .."I ',_11 ~ "S ;;) ro C E ro -2:;~ g-o ,~ '- o-alJ... Ql 0 C TI ~ U ::l C ' ro_orog-~ Ql~~Ui roJ:o J:Cc C Ql2<licro't: <Il ,- TI <li ~ co rooo~ffi3: lJ...J:(9(j...JO o o I.C'i """ o cri If) (f) :2 IlJ !:: >- rE ...J ~ ~ f/) ...J <( I- o I- o 00 00 :L.O 0 :N 0 couj .tA.~ (J') 1.01f2 00 00 I.() 0 ~ 8. If)''- If) ......~ i 'f ~i .....,( iYJI ;':'1 ;:~: :~I i~'1 "- ;~l '1.., , Wi (1'\1 "i' '~(I ' -JI <Il E .;.::ro roo.. 0- ro QJ >- > 0 ~cr.: b o l.Ci N <O_ lD ..- 'If) o o o t- l..P ..,f N !It (f) ~ UJ !:: >- <( 0.. UJ (j a: <t .J _J <( f- o J- ...J <x: I- o l- I- (f'J o u Cl Z I- Z <x: ....J c. co o o N N N N , EXHIBIT D PROJECT COST SECTION NO.: FM NO.(s): COUNTY: S.R.NO.: 93010 413839-1-52-01 Broward 5 This Exhibit forms an integral part ofthe DISTRICT FOUR (4) HIGHWAY MAINTENANCE MEMORANDUM OF AGREEMENT between the State of Florida, Department of Transportation and the AGENCY. Dated: December 27. 2006 I. APPROXIMATE PROJ,ECT COST: $68.458.00 ~), :\,t:.~:.~'~i: ~:",-..d~'kr~~'\':f.C:.p., J)nff";,':SR ~: ~1 ."i,'~;~';::'.) DC)'i:.i\ :'.{'.::::~ch.~.k:, RESOLUTION NO. 8-07 A RESOLUTION OF THE CI1Y COMMISSION OF THE CI1Y OF DELRA Y BEACH, FLORIDA, AUTHORIZING THE PROPER CI1Y OFFICIALS TO EXECUTE A MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FOR MAINTENANCE BY THE CI1Y OF A PORTION OF US 1 LOCATED WITHIN THE CI1Y OF DELRA Y BEACH; PROVIDING FOR CONFLICTS; PROVIDING AN EFFECTIVE DATE NOW, THEREFORE, BE IT RESOLVED BY THE CI1Y COMMISSION OF THE CI1Y OF DELRA Y 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 US 1, 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 10 regular seSS10n on this the _ day of . 2007. MAYOR ATTEST: City Clerk Date: 29 J an 2007 AGENDA ITEM NUMBER: <6. N AGENDA REQUEST Request to be placed on: --X- Consent Agenda _Regular Agenda _Workshop Agenda _Special Agenda When: 06 Feb 2007 Description of Agenda Item (who, what, where, how much): Request for Commission approval/authorization for Mayor to execute Maintenance Memorandum of Agreement with Florida Department of Transportation (FDOT) for the maintenance of landscaping along US 1 corridor from the C-15 to Tropic Blvd. Staff Recommendation: ~ Department Head Signature: ( ( .~ /... !>r - b 1- City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes / No Initials: Account Number Description Account Balance: Funding Alternatives: (if applicable) City Manager Review: Approved for Agenda: @I No Initials:-4 Hold U nti1: Agenda Coordinator Review: Received: s: \EngAdmin \Projects \2004\2004-069\OFFICIAL \2007 -02-06 agenda request. doc