Res 09-08
/ \
RESOLUTION NO.09-08
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 aze
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 aze authorized to make minor
revisions to such Agreement as aze 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Resolution aze repealed to the extent of such conflict.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 18s' day of March, 2008.
ATTEST:
~~-. ~~. ~
City Clerk
~~ ~~
MAYOR
MEMORANDUM
TO: Mayor and City Commissioners
FROM: Begor~a Krane, Engineer
Richard C. Hasko, Environmental Services Director
THROUGH: David T. Harden, City Manager
DATE: March 11, 2008
SUBJECT: A ENDA ITEM 8.F. -REGULAR COMMISSION MEETING OF MARCH 18 2008
RESOLUTION N0.09-08/FLORH)A DEPARTMENT OF
TRANSPORTATION/MEMORANDUM OF MAINTENANCE AGREEMENT (MMOA)
This item is to request Commission approvaUauthorization for the Mayor to execute a Maintenance
Memorandum of Agreement with the Florida Department of Transportation (FDOT) for the installation
of public art and landscaping under the Atlantic Avenue Bridge. FDOT requires that the City be
responsible for maintaining any public art and landscaping placed on or under the bridge.
BACKGROUND
The Public Art Advisory Board has chosen Michiko Kurisu to install public art along the walkway
under the Atlantic Avenue Bridge. In order to complete this work, a maintenance agreement will be
required from FDOT. This agenda item is seeking approval of the maintenance agreement.
RECOMMENDATION
Staff recommends approval.
RESOLUTION N0.09-08
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 L 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 aze 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 aze 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 regulaz session on this the day of
2008.
ATTEST:
MAYOR
City Clerk
SECTION NO.
PERMIT NO.:
COUNTY:
S.R. NO.:
93030
2007-L-496-0105 & 2007-L-496-0013
Palm Beach
806/AUantic Avenue
Bridge # 930064
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 DELRAY BEACH, a political subdivision of the State of Florida, existing under the Laws
of Florida, hereinafter called the AGENCY.
WITNESSETH:
WHEREAS, the DEPARTMENT has jurisdiction over State Road 80G including
Bridge # 930064 underpass as part of the State Highway System; and
WHEREAS, the AGENCY, seeks to install or have installed certain landscape and
hardscape improvements and maintain said improvements within the right-of--way of State Road
806 as described with Exhibit B; uid
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, azid 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 said highway facilities that contain
landscape by the bridge underpass to the right of way line, including standard and nou standard
concrete sidewaik, shall be maintained by periodic trimming, cutting, weeding, mowing,
fertilizing, litter pick-up, necessary replanting, irrigation repairs, sidewalks repairs or
replacements, native boulders with concrete base, washed shell rock, eight-hundred pounds light
panel and control key pad cabinet repairs as needed; and
WHEREAS, it is the intent of the AGENCY azid the DEPARTMENT that the
AGENCY shall maintain all improvements made by the AGENCY as well as areas within the
right of way by said improvements made at the request of the AGENCY ;and
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WHEREAS, the parties hereto mutually recognize the need fur entering into an
Ageement 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,
NOW THEREFORE, for and in consideration of the mutual benefits to flow each to the
other, the parties covenant and agree as follows:
The AGENCY hereby agrees to install or cause to be installed certain, landscape,
hadscape and/or other improvements on the highway facilities as specified in plans and
specifications hereinafter referred to as the Project, and incorporated herein as Exhibit B.
Hadscape shall mean construction of standard and non-standard sidewalk, native
boulders with concrete base, washed shell rock, light box and iPlayer 2 keypad controller
cabinet.
(a) All plant materials shall be installed and maintained in strict accordance with sound
nursery practice prescribed by the hitemational Society of Arboriculture (ISA); all plant
materials installed shall be Florida #1 or better according to the most cuiTent edition of
Florida Department of Agriculture, Florida Grades and Standards for Nursery Siock; 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 pruned to discourage encroachment into
roadways, cleaz zones and sidewalks. Definition of these criteria is included in the most
current editions of FDOT Standards for Design, Construction, Maintenance, acid 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 standazds set forth by the
International Society of Arboriculture (ISA) and the American National Standard
Institute (ANSI) Part A-300 and when in Broward County be licensed by Browazd
County Environment Protection Department to perfom~ this work.
(d) Irrigation maintenance activities shall conform to the standazds set forth by the Florida
Irrigation Society (FIS) latest edition of FIS, Standards and Specifications for Turf and
Landscape Irrigation Systems.
(e) When the AGENCY is installing the Project and irrigation is to be installed, the
DEPARTMENT shall be provided accurate as-built plans of the system so if in the
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future there is a need by 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
including monthly billing for the installation and maintenance of these utilities.
(g) The AGENCY is solely responsible for the relocation, maintenance, repair and
replacement of the drainage and electrical facilities within the property shown as an
exhibit and shall include all pipes, culverts, outfalls and conservation areas in perpetuity;
said obligations are to run with the land.. All hardscape shall be installed and maintained
in strict accordance with the most current edition of the Florida Accessibility Code for
Building Constn<ction and the Interlocking Concrete Pavement Institute (ICPI).
(h) All activities, including project 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 Traj~e Control (MUTCD) and FDOT Design Standards
Specifications for Road and Bridge Construction, Index 600 Series, FDOT Maintenance
Rating Program (MRP), and US DOT regulations (49 CFR part 27) implementing
Section 504 of the Rehabilitation Act (29 U.S.C. 794). The FHWA has specific American
with Disabilities Act (ADA) policies for statewide planning in 23 CFR 450.220(a) (4),
for metropolitan plarming in 23 CFR 450.316 (b) (3), and the NEPA process in 23 CFR
771.105 (f). These regulations require application of the ADA requirements to
Transportation Enhancements Activities.
(i) The most current edition ofFDOTDesign Standards, Index 546 must be adhered to.
(j) Horiaontal 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.
(k) Landscape improvements shall not obstruct roadside signs or permitted outdoor
advertising signs, (see Rule Chapter 14-40, Part 1 and Part lII, Florida Administrative
Code [F.A.C.]).
(l) The AGENCY shall provide the local FDOT Operation Center, located at 5548 N.W. 9a'
Avenue, Fort Lauderdale, FL 33309 (954) 776-4300 or (7900 Forest Hill Blvd., West
Palm Beach, FL 33413 (561) 432-4966) or (3603 Oleander Ave., Fort Pierce, FL 34982
(772) 489-7072) atwenty-four (24) hour telephone number and the name of a responsible
person that the DEPARTMENT rriay contact. The AGENCY shall notify the local
maintenance office forty-eight (48) hours prior to the start of the project.
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(m) 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 project. The DEPARTMENT'S Public Information Office shall also be
notified.
(n) The AGENCY shall be responsible for assuring that any existing utilities within the
project limits are not impacted. If any utilities are impacted the AGENCY shall remain
responsible for obtaining al! applicable permits or agreements from the utility applicable.
(o) 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
Maintenance Plan for taintenance activities for landscape projects.
2. The AGENCY agrees to maintain the landscape improvements as defined as: plantings,
irrigation, and/or hardscape within the medians and areas outside the travel way to the
right of way line by periodic pruning mowing, fertilizing, weeding, curb and sidewalk
edging, litter pickup and necessary replanting sweeping acrd/or repair following the
DEPARTMENT'S landscape safety and plant care guidelines and Exhibit C
Maintenance Plan. The AGENCY'S responsibility for maintenance shall include al]
landscaped/turfed areas and areas covered with non standard surfacing (hardscape) within
the median and areas within the travel way to the right of way line, including, associated
header curbs and concrete areas. It shall be the responsibility of the AGENCY to restore
an unacceptable travel condition of the sidewalk caused by the differential characteristics
of the standard and non standard surfacing 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
taintain means the proper watering and fertilization of all plants and keeping them as
free as practicable from disease and harmful insects; properly mulching the planting
beds; keeping the premises free of weeds; mowing the grass to the proper height;
properly pruning all plants which at a rninirnum includes: (1) removing dead or diseased
parts of plants, (2) pruning such parts thereof to provide clear visibility to signage or 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 sod. 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 of the same size and Bade as specified in the original plans
and specifications. To maintain also means keeping the header curbs that contain the
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standard and non-standard surfacing treatment in optimum condition. To maintain also
means keeping the hardscape and sidewalk areas free from weeds and repairing said
hardscape as is necessary to prevent a safety hazard. To maintain also means keeping
litter removed from the mediate and areas outside the. travel way to the right of way line.
The AGENCY agrees to maintain all standard surfacing treatment in optimum condition.
To maintain also means keeping the hardscape and sidewalk areas free of weeds and
repairing or replace said hardscape as is necessary to prevent a safety hazard. To maintain
also means keeping litter removed from areas outside of the travel way to the right of way
line.
If it becomes necessary to provide utilities (water/electricity) to the median or side areas
for these improvements, all costs associated with accent lighting and irrigation
installation, maintenance, fees and connections as well as on-going cost of the utility 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 undertaken the installation of the landscape and /or
other improvetents 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
is not properly maintained pursuant to the terms of this Agreement, said District
Secretary, may at his option, issue a written notice that a 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) Complete the installation, or part thereof, with DEPARTMENT or Contractor's
personnel and deduct the cost of such work fiom the final payment for said work
or part thereof, or
(b) Maintain the improvements or a part thereof, with DEPARTMENT or
Contractor's personnel and invoice the AGENCY for expenses incurred, or
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(c) Terminate the Agreement in accordance with Paragraph 6 of this Agreement, and
remove, by 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 charge the AGENCY the reasonable
cost of such removal.
4. It is understood between the parties hereto that the 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
retnove said improvements 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.
5. THE AGENCY at its own expense and by permit shall install the landscape
improvements described in Exhibit B. The DEPARTMENT shall be invited to assist the
CITY OF DELRAY BEACH in final inspections before acceptance of the job by the
AGENCY. The DEPARTMENT shall approve the job provided it complies with the
permit.
6. This Agreement may be terminated under any one (1) ofthe following conditions:
(a) By the DEPARTMENT, if the 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.
7. The term of this Agreement commences upon execution.
8. The AGENCY is a political subdivision as defined in Section 768.28, Florida Statutes,
and agrees to be fully responsible for acts and omissions of their agents or employees.
Nothing in this agreement shall be construed or interpreted to serve as a waiver of
sovereign immunity by any party such that liability is extended beyond the limitations
established. by law. Nothing herein shall be conshued as consent by a state agency or
political subdivision of the State of Florida to be sued by third parties in any matter
arising out of this Agreement or any other contract.
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In the event that AGENCY contracts with a third party to provide the services set forth
herein, any contract with such tlurd 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 Datnage Liability and
Worker's Compensation insurance with minimwn 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 Inswance Services Office and shall name DEPARTMENT
as an additional insured.
(b) The AGENCY'S contractor shall furnish the AGENCY with Certificates of
Insurance of Endorsements evidencing the insurance coverage 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 DEPARTMENT with at least thirty
(30) days notice of cancellation and or/or restriction. If airy 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.
9. The AGENCY may wnstruct additional improvements within the limits of the rights-of-
ways identified as a result of this document, subject to the following conditions:
(a) Plans for any new improvements shall be subject to approval by the
DEPARTMENT'S District Maintenance .Engineer or his designee. 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 improvements shall be developed and implemented in accordance with
appropriate state safety and design standards,
(d) The AGENCY agrees to comply with the requirements of this Agreement with
regard to any additional improvements installed at no cost to the
DEPARTMENT;
10. 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.
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l 1. The DEPARTMENT, during any fiscal year, shall not expend money, incur any liability,
nor enter into any contract which, by its toms, involves the expenditure of money in
excess of the amounts budgeted as available for expenditure during such fiscal yeaz. 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 conunitment 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 yeaz.
12. The DEPARTMENT'S District Secretazy 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 sha(1 be final
and conclusive upon the parties hereto.
13. This Agreement may not be assigned or transferred by the AGENCY, in whole or in part,
without the consent of the DEPARTMENT.
14. This Agreement shalt be governed by and construed in accordance with the laws of the
State of Florida. 1n the event of a conflict between any portion of the contract and
Florida law, the laws of Florida shall prevail.
15 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: District IV Maintenance Engineer
Or his designee
If to the Agency:
City of Delray Beach
100 NW lst Avenue
Delray Beach, Florida 33444
Attention: Robert George,
Title: Special Programs Director
Exhibit A: Project Location
Exhibit B: Project Plans
Exhibit C: Maintenance Plan
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective
the day and year first above written.
CITY OF DELRAY BEACH
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
By:
Mayor /Chairperson
Attest: (SEAL)
Clerk
Approval as to Fonn Date
Transportation Development Director Date
Attest: (SEAL)
Executive Secretary
Approval as to Form Date
SECTION NO.: 93030
PERMIT NO.: 2007-L-496-0105 &0013
COUNTY: Palm Beach
S.R. NO.: 806/Atlantic Avenue
Bridge # 930064
EXHIBIT A
I. PROJECT LIMITS OF MAINTENANCE: Atlantic Avenue Bridge underpass from
M.P. 8.818 to M.P. 8.858
State Road $O!5 from (M.P.4.840) to (M.P.4.878)
II. PROJECT LOCATION MAP OF AGENCY'S MAINTENANCE BOUNDARIES:
SECTION NO.: 93030
PERMIT NO.: 2007-L-496-0105 & 0013
COUNTY: Palm Beach
S.R. NO.: 806/Atlantic Avenue
Bridge # 930064
EXHIBIT B
PROJECT PLANS
The City of Delray Beach agrees to install the Project in accordance with the plans and
specifications attached hereto and incorporated herein.
Please see attached plans prepared hy: Kurisu International
Dated: 06/13/2007 and Revisions dated 01/15/2008
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SECTION NO.:
PERMIT NO.:
COUNTY:
S.R. NO.:
EXHIBIT C
MAINTENANCE PLAN
93030
2007-L-496-0105 & 0013
Palm Beach
806/Atlantic Avenue
Bridge # 930064
This Exhibit forms an integral part of the DISTRICT FOUR (4) HIGHWAY MAINTENANCE
MEMORANDUM OF AGREEMENT between the State of Florida, Department of
Transportation and the AGENCY.
Dated: 02/25/08 (attachments enclosed)
MAINTENANCE PLAN
Landscape Improvements
Project State Road No(s): 806/Atlantic Avenue -Bridge # 930064 Underpass
Project Limits: S.R 806 from M.P. 4.840 to M.P. 4.878
Permit No(s): 2007-L-496-0105 & 2007-L-496-0013
Maintaining Agency: City of Delray Beach
Date: 02/25/08
I. General Maintenance Requirements and Recommendations:
The purpose of a plan for the landscape improvements maintenance practices is Yo 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 Desi~rn 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 initiat 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 Reauirements:
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 FDO"F 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 Svstem:
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. 'fo 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 azea's soil is recommended to periodically determine the nutrient
levels needed to sustain healthy, vigorous plant growth.
Palms, shrubs, trees and turf azeas 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 which aids in lowering
disease susceptibility. Cypress mulch is prohibited on state right of way.
Pru_ nine:
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 & hrigation Design for these guidelines). The
understory plant materials selected 1'or use within the restricted planting areas (Limits of Clear
Sight) of the medians aze 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) standazds.
Staking and Guving:
All staking materials, except for replacements, are removed by the completion of FDOT
warranty period or at one yeaz (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 azeas 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
Page 2 of G
efforts: mowing, curb/sidewalk edging, and turf condition must meet FDOT Maintenance Rating
Program (MRP).
Litter Control:
The project site shall remain as litter free as practicable. It is recommended to recycle this litter
to avoid unnecessary waste by its reuse. Litter removal efforts must meet FDOT Maintenance
Rating Program (MRP) Sandazds.
Weedin¢/Herbicide:
All planting azeas 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 Reaacement:
Plant replacement shall be the same species and specification as the approved plan. 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.
Hardscane (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 (IC'PI), 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.
Hazdscape (Non-Standazd Travelwav Surfacingl:
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 azeas 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 ae:cordance 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 Siate Highway System.
Page 3 of 6
It shall be the responsibility of the AGENCY to maintain all signs located within anon-standazd
surfacing area. Such maintenance. to be provided by the AGENCY shall include repair and
replace of the sign panel, post and base.
Handscape (Landscane Accent Liehtine)
Landscape accent lighting shall be maintained in such a manner as to prolong the life of the
lighting fixture and prevent potential safety hazat•ds. 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 //www_cioLState.,f7,us/rddesi r~ul~esi~~Stur~dards/Stanc~irds lltni
II. Specific Project Site Maintenance Requirements and Recommendations:
(This section is reserved for the R.L.A. of Record to inform the Agency of specific information
to maintain the design intent. As a way of guiding maintenance personnel, the landscape
architect's intent for selecting and placing each plant, and each plant's intended care to ensure
that intent should be noted in the maintenance plan without using prescriptive language. Intent
may be screening objectionable views, seasonal color, erosion control, enhancing drainage
ponds, framing a view or vista, natural area restoration. Intended maintenance may be to
maintain full foliage, maintain natural habit, maintain clear trunk per FDOT safety criteria, etc).
REFERENCES
American National Standard Institute, ANSI A300, (Part I) for Tree Care Operations -- Trees,
Shrub, and Other Woody Plant Maintenance -Standard Practices (Pruning), available for
purchase.
httn.lhvebstgre~ansi.orsrlansidocstoreitind.a~p?
Florida Department of Agriculture and Consumer Services, Division of Plant Industry, Florida
Grades and Standards for Nursery Stock, available for purchase
httk:/lwww_ doacs state_fl_us/pi;~_Iant i nsglpublications. httn 1
Florida Department of Transportation, F'DOT Uesign Standards for Design, Construction,
Maintenance and Utility Operations on the State,Yighway.System, Index X44 Landscape
Installation
hf1Q//www.dot.state. f?_uslyddesi ~;n/rd/K:I _DS!06i5a3.pdf
Page 4 of 6
Florida Department of Transportation, FDOT Design Standards for Design, Construction,
Maintenance and Utility Operations on the State Highway Sys7em, Index S46 Sight Distance at
Intersections
http%/ww•w_dot,state.fl.uslyddesi~~°nirdlli TDS/U6h46.pd1'
Florida Department of Transportation, FDOT Design Standards for Design, Construction,
Maintenance and Utility Operations on the State Highway Sys7em, Index 700 Roadsrde Offsets
lion.//~vww`cfittstaSe Il.uslydclesig~t/rc71R=fUSi061700,~dt
Florida Department of Transportation, FDOT Plans Preparation Manual (PPS 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 ZS.4.14.6 (for
existing) trees
Ilttg://wwwdnlstaie_fl.tts/rddesi_>f,iyPPM_ Manuzili2O07/Volurne.l,'2Q07Volf,_htm
Florida Department of Transportation, FDOT Standard Specifrcations far Road and Bridge
Construction, Section 580 Landscape Installation
http://www'dpt_stale_i7,us/~ecif icationsgftice/2007BK'S 8(~td1'
Florida Department of Transportation, Maintenance Raring Program Handbook
Florida Department of Transportation, Landscape Architecture Webste
ht~/%www_dotstatc fLuslemolbeautti~/1~1_A.htm
Interlocking Concrete Pavement Institute (ICPI)
ht1D://www.i~.or~~i http://www.fisstate.org
International Society of Arboriculture (ISA)
www.isa-.-trbor.can
Manual on Unifotm Tratlic Control Devices
http:!/www.mutcd. thwa.dol.k:ov
Florida Irrigation Society
17itp;//www.f state. o
Florida Department of Community Affairs (FCA), Florida Board of Building Cvdes &
Standards, Florida Accessibility Code for Building Cvnstruction
httg//www,dca_state_fl_us!fbc%nubticationti! ImpE~hlicatiuns,htm.
Guide to Roadside Mowing and Guide to Turf Management, available for purchase
htrn://infonet. d<rtst~tte. fL us/Sttpport,Services(7fkice/pl ist. htm
Page 5 of 6
Accessible Sidewalk Videos (ADA)
http:!/www.neczss=board.aov/newslsidew_alk _~~idec~s_htm
Page 6 of 6
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CITY of DELRAY BEACH ATLANTIC AVE BRIDGE DAE3-11-OB
ENVFiOMBJiALSERVICESOEPARIhB~fi UNDER PASS ART WORK Mmniocexii
Ws~ou~nw~nww~A:,cearEwayn,aoA~sw LOCATION MAP 2006-045
Florida Department of Transportation
CAARLIE CRIST
GOVERNOR
District N Maintenance Office
3400 West Commercial Boulevard
Fort Lauderdale, Florida 33309-3421
Telephone: (954) 777-4205
Fax: (954) 777-4223
April 11, 2008
Ms. Carolanne Kucmerowslti
Construction Management Technician
City of Delray Beach
434 South Swinton Avenue
Dehay Beach, Florida 33444
Dear Ms. Kucmerowslci:
STEPHANIE C. KOPELOUSOS
SECRETARY
RE: Distrito Four Maintenance Memorandum of Agreement (MMOA) for
Construction and Maintenance of landscape and hadscape at State Road 806
Bridge # 930064 underpass in Delray Beach, Palm Beach County.
The mailed original copy of the executed Maintenance Memorandum of Agreement for
the construction and maintenance of landscape and hardscape at State Road 806 Bridge #
930064 underpass in Palm Beach County has a typo on the first page and Exhibits B and
C. The valid Permit #'s are 2007-K-496-0105 & 2007-L-496-013. Please see correction
on the executed MMOA original enclosed with this letter.
Also, please return the previously submitted original to be corrected as well.
If you have any questions or need additional information, please do not hesitate to contact
me.
Sincerely,
- ~\
Susana om on
District IV Operations Coordinator
susana.thompson@dot.state.fl.us
cc: Jerry Dean, P.E.
Ronald Wallace
RECEIVED
APR 15 2008
ENGINEERII~JG
www.dot.state.fl.us
ca ftrrz,cr'ED R~RM~Y
PERMIT NO.: 2007-K-496-0105 & 2007-L-496-0013
SECTION NO.: 93030
PERMIT NO.: ~!f109-T;-49CF$t93 & 2007-L-496-013
COUNTY: Palm Beach
S.R. NO.: 806/Atlantic Avenue
Bridge # 930064
DISTRICT FOUR (4)
MAINTENANCE MEMORANDUM OF AGREEMENT
THIS AGREEMENT, made and entered into this ~ day of APRIL , 200$
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 of the State of Florida, existing under the Laws
of Florida, hereinafter called the AGENCY.
WITNESSETH:
WHEREAS, the DEPARTMENT has jurisdiction over State Road 806 including
Bridge # 930064 underpass as part of the State Highway System; and
WHEREAS, the AGENCY, seeks to install or have installed certain landscape and
handscape improvements and maintain said improvements within the right-of--way of State Road
806 as described with 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 said highway facilities that contain
landscape by the bridge underpass to the right of way line, including standazd and non standard
concrete sidewalk, shall be maintained by periodic trimming, cutting, weeding, mowing,
fertilizing, litter pick-up, necessary replanting, irrigation repairs, sidewalks repairs or
replacements, native boulders with concrete base, washed shell rock, eight-hundred pounds light
panel and control key pad cabinet repairs as needed; and
WHEREAS, it is the intent of the AGENCY and the DEPARTMENT that the
AGENCY shall maintain all improvements made by the AGENCY as well as azeas within the
right of way by said improvements made at the request of the AGENCY ;and
L -scxa.m- 4i0A [Y,tC~ tghtOA C~ly ~~Y Dzlrna 4i ach Ar4. W~;~'4'.decx
1
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. pq - Og dated MQ,r-cam. ~ a
201, 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 parties covenant and agree as follows:
1. The AGENCY hereby agrees to install or cause to be installed certain, landscape,
hndscape and/or other improvements on the highway facilities as specified in plans and
specifications hereinafter referred to as the Project, and incorporated herein as Exhibit B.
Hardscape shall mean construction of standard and non-standard sidewalk, native
boulders with concrete base, washed shell rock, light box and iPlayer 2 keypad controller
cabinet.
(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
al] trees shall meet Florida Power & Light, Right Tree, Right Place, South Florida.
(b) Trees and palms within the right-of--way shall be pruned to discourage encroachment into
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 Standazd
Institute (ANSI) Part A-300 and when in Broward County be licensed by Broward
County Environment Protection Department to perform this work.
(d) Irrigation maintenance activities shall conform to the standards set forth by the Florida
Irrigation Society (FIS) latest edition of FIS, Standards and Specifications for Turf and
Landscape Irrigation Systems.
(e) When the AGENCY is installing the Project and irrigation is to be installed, the
DEPARTMENT shall be provided accurate as-built plans of the system so if in the
2
future there is a need by 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
including monthly billing for the installation and maintenance of these utilities.
(g) The AGENCY is solely responsible for the relocation, maintenance, repair and
replacement of the drainage and electrical facilities within the property shown as an
exhibit and shall include all pipes, culverts, outfalls and conservation areas in perpetuity;
said obligations are to run with the land. 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).
(h) All activities, including project 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
Specifications for Road and Bridge Construction, Index 600 Series, FDOT Maintenance
Rating Program (MRP), and US DOT regulations (49 CFR part 27) implementing
Section 504 of the Rehabilitation Act (29 U.S.C. 794). The FHWA has specific American
with Disabilities Act (ADA) policies for statewide planning in 23 CFR 450.220(a) (4),
for metropolitan planning in 23 CFR 450.316 (b) (3), and the NEPA process in 23 CFR
771.105 (f). These regulations require application of the ADA requirements to
Transportation Enhancements Activities.
(i) The most current edition of FDOT Design Standards, Index 546 must be adhered to.
(j) 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.
(k) Landscape improvements shall not obstruct roadside signs or permitted outdoor
advertising signs, (see Rule Chapter 14-40, Part I and Part III, Florida Administrative
Code [F.A.C.]).
(1) The AGENCY shall provide the local FDOT Operation Center, located at 5548 N.W. 9`h
Avenue, Fort Lauderdale, FL 33309 (954) 776-4300 or (7900 Forest Hill Blvd., West
Palm Beach, FL 33413 (561) 432-4966) or (3603 Oleander Ave., Fort Pierce, FL 34982
(772) 489-7072) atwenty-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 project.
~> : u~
3
(m) 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 project. The DEPARTMENT'S Public Information Office shall also be
notified.
(n) The AGENCY shall be responsible for assuring that any existing utilities within the
project limits are not impacted. If any utilities are impacted the AGENCY shall remain
responsible for obtaining all applicable permits or agreements from the utility applicable.
(o) 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
Maintenance Plan for maintenance activities for landscape projects.
2. The AGENCY agrees to maintain the landscape improvements as defined as: plantings,
irrigation, and/or hardscape within the medians and areas outside the travel way to the
right of way line by periodic pruning, mowing, fertilizing, weeding, curb and sidewalk
edging, litter pickup and necessary replanting, sweeping and/or repair following the
DEPARTMENT'S landscape safety and plant care guidelines and Exhibit C
Maintenance Plan. The AGENCY'S responsibility for maintenance shall include all
landscaped/turfed areas and areas covered with non standard surfacing (hardscape) within
the median and areas within the travel way to the right of way line, including, associated
header curbs and concrete areas. It shall be the responsibility of the AGENCY to restore
an unacceptable travel condition of the sidewalk caused by the differential characteristics
of the standard and non standard surfacing 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 means the proper watering and fertilization of all plants and keeping them as
free as practicable from disease and harmful insects; properly mulching the planting
beds; keeping the premises free of weeds; mowing the grass to the proper height;
properly pruning 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 or 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 sod. 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 of the same size and grade as specified in the original plans
and specifications. To maintain also means keeping the header curbs that contain the
4
standard and non-standard surfacing treatment in optimum condition. To maintain also
means keeping the hardscape and sidewalk areas free from weeds and repairing said
hardscape as is necessary to prevent a safety hazard. To maintain also means keeping
litter removed from the median and areas outside the travel way to the right of way line.
The AGENCY agrees to maintain all standard surfacing treatment in optimum condition.
To maintain also means keeping the hardscape and sidewalk areas free of weeds and
repairing or replace said hardscape as is necessary to prevent a safety hazard. To maintain
also means keeping litter removed from areas outside of the travel way to the right of way
line.
If it becomes necessary to provide utilities (water/electricity) to the median or side areas
for these improvements, all costs associated with accent lighting and irrigation
installation, maintenance, fees and connections as well as on-going cost of the utility 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 undertaken the installation of the landscape and /or
other improvements 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
is not properly maintained pursuant to the terms of this Agreement, said District
Secretary, may at his option, issue a written notice that a 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) Complete the installation, or part thereof, with DEPARTMENT or Contractor's
personnel and deduct the cost of such work from the final payment for said work
or part thereof, or
(b) Maintain the improvements or a part thereof, with DEPARTMENT or
Contractor's personnel and invoice the AGENCY for expenses incurred, or
°f; ~ . o,
5
(c) Terminate the Agreement in accordance with Paragraph 6 of this Agreement, and
remove, by 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 charge the AGENCY the reasonable
cost of such removal.
4. It is understood between the parties hereto that the 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 improvements 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.
5. THE AGENCY at its own expense and by permit shall install the landscape
improvements described in Exhibit B. The DEPARTMENT shall be invited to assist the
CITY OF DELRAY BEACH in final inspections before acceptance of the job by the
AGENCY. The DEPARTMENT shall approve the job provided it complies with the
permit.
6. 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
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.
7. The term of this Agreement commences upon execution.
8. The AGENCY is a political subdivision as defined in Section 768.28, Florida Statutes,
and agrees to be fully responsible for acts and omissions of their agents or employees.
Nothing in this agreement shall be construed or interpreted to serve as a waiver of
sovereign immunity by any party such that liability is extended beyond the limitations
established by law. Nothing herein shall be construed as consent by a state agency or
political subdivision of the State of Florida to be sued by third parties in any matter
arising out of this Agreement or any other contract.
6
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 and shall name DEPARTMENT
as an additional insured.
(b) The AGENCY'S contractor shall furnish the AGENCY with Certificates of
Insurance of Endorsements evidencing the insurance coverage 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 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.
9. The AGENCY may construct additional improvements within the limits of the rights-of-
ways identified as a result of this document, subject to the following conditions:
(a) Plans for any new improvements shall be subject to approval by the
DEPARTMENT'S District Maintenance Engineer or his designee. 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 improvements shall be developed and implemented in accordance with
appropriate state safety and design standards;
(d) The AGENCY agrees to comply with the requirements of this Agreement with
regard to any additional improvements installed at no cost to the
DEPARTMENT;
10. 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.
7
11. 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 Deparhnent 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.
12. 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.
13. This Agreement may not be assigned or transferred by the AGENCY, in whole or in part,
without the consent of the DEPARTMENT.
14. 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.
15 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: District IV Maintenance Engineer
Or his designee
If to the Agency:
City of Delray Beach
100 NW ls` Avenue
Delray Beach, Florida 33444
Attention: Robert George,
Title: Special Programs Director
Exhibit A: Project Location
Exhibit B: Project Plans
Exhibit C: Maintenance Plan
u~ << ~.i~-~_ ,,r
8
IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective
the day and year first above written.
CITY OF DELRAY BEACH
By:
Mayor /Chairperson
Attest:. ~1~.. ~ . ~~yh~E_AL)
Clerk
Approval as to Form
~ 1~r~
Executive
Date Approval as to Form DaEe__%
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
By: W1!
~~,,,,~~,,~,,``"~ 408
r~F.eq Transportation Development Director D~.
,~, ~
~~
GoR ~ ~ PER M ~ T '~
PERMIT NO.: 2007-x-496-0105 & 20117-L-496-0013
SECTION NO.: 93030
PERMIT NO.:
COUNTY: Palm Beach
S.R. NO.: 806/Atlantic Avenue
Bridge # 930064
EXHIBIT A
I. PROJECT LIMITS OF MAINTENANCE: Atlantic Avenue Bridge underpass from
M.P. 8.818 to M.P. 8.858
State Road $06a from (M.P.4.840) to (M.P.4.878)
II. PROJECT LOCATION MAP OF AGENCY'S MAINTENANCE BOUNDARIES:
coRt~c~o PERMt7'#'~~~
FERMIT NO.: 2007-x-496-0105 & 2007-L-496-0013
SECTION NO.: 93030
PERMIT NO.: ''nn-r r roc n~nc c_ nn ri
COiJNTY: Palm Beach
S.R. NO.: 806/Atlantic Avenue
Bridge # 930064
EXHIBIT B
PROJECT PLANS
The City of Delray Beach agrees to install the Project in accordance with the plans and
specifications attached hereto and incorporated herein.
Please see attached plans prepared by: Kurisu International
Dated: 06/13/2007 and Revisions dated 01/15/2008
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PERMIT NO.: 2007-K-496-0105 & 207-L-496-0013
SECTION NO.: 93030
PERMIT NO.: 2007-L-496-0105 & 0013
COUNTY: Palm Beach
S.R. NO.: 806/Atlantic Avenue
Bridge # 930064
EXHIBIT C
MAINTENANCE PLAN
This Exhibit forms an integral part of the DISTRICT FOUR (4) HIGHWAY MAINTENANCE
MEMORANDUM OF AGREEMENT between the State of Florida, Department of
Transportation and the AGENCY.
Dated: 02/25/08 (attachments enclosed)
MAINTENANCE PLAN
Landscape Improvements
Project State Road No(s): 806/Atlantic Avenue -Bridge # 930064 Underpass
Project Limits: S.R. 806 from M.P. 4.840 to M.P. 4.878
Permit No(s): 2007-L-496-0105 & 2007-L-496-0013
Maintaining Agency: City of Delray Beach
Date: 02/25/08
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
cleaz visibility, accessibility, cleazance, and setbacks as set forth by Florida Department of
Transportation (FDOT) governing sandads 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.
Waterintz 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 vazies 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 6
Integrated Plant Management:
An assessment of each planting azea'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 appeazance 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 azea which 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 Standazd Institute ANSI A300 standazds 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 cleaz
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
Standazds 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 azeas 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
Page 2 of 6
efforts: mowing, curb/sidewalk edging, and turf condition must meet FDOT Maintenance Rating
Program (MRP).
Litter Control:
The project site shall remain as litter free as practicable. It is recommended to recycle this litter
to avoid unnecessary waste by its reuse. Litter removal efforts must meet FDOT Maintenance
Rating Program (MRP) standards.
Weedine/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 caze 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. Only plants
graded Florida #1 or better, per the Florida Department of Agriculture and Consumers Services,
Grades and Standards for Nursery Plants aze peanitted on FDOT roadways. Should it become
necessazy 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 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-Standad Travelwav Surfacine):
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-
standazd 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.
Page 3 of 6
It shall be the responsibility of the AGENCY to maintain all signs located within anon-standard
swfacing azea. Such maintenance to be provided by the AGENCY shall include repair and
replace of the sign panel, post and base.
Hazdscape (Landscape Accent Lighting)
Landscape accent lighting shall be maintained in such a manner as to prolong the life of the
lighting fixtwe and prevent potential safety hazazds. If the lighting fixtwes 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://~~ww.dot.state.fl.us'rddesi ~n~ /Desi~nStandards/Standards.htm
II. Specific Project Site Maintenance Requirements and Recommendations:
(This section is reserved for the R.L.A. of Record to inform the Agency of specific information
to maintain the design intent. As a Lay of guiding maintenance personnel, the landscape
architect's intent for selecting and placing each plant, and each plant's intended caze to enswe
that intent should be noted in the maintenance plan without using prescriptive language. Intent
may be screening objectionable views, seasonal color, erosion control, enhancing drainage
ponds, framing a view or vista, natwal area restoration. Intended maintenance may be to
maintain full foliage, maintain natural habit, maintain cleaz trunk per FDOT safety criteria, etc).
REFERENCES
American National Standazd Institute, ANSI A300, (Part 1) for Tree Care Operations -Trees,
Shrub, and Other Woody Plant Maintenance -Standard Practices (Pruning, available for
purchase
http://webstore.ansi.rn' ~ ansidocstore/tied.asp?
Florida Department of Agricultwe and Consumer Services, Division of Plant Industry, Florida
Grades and Standards for Nursery Stock, available for pwchase
http://~a~ww.doacs.st~~te_tl.us~ui/ylantinspipublications.html
Florida Department of Transportation, FDOT Design Standards for Design, Construction,
Maintenance and Utility Operations on the State Highway System, Index 544 Landscape
Installation
http:~%~i~m~~.doLState.ll.us'rddcsi~n!rdK7 DS!O(~'~4~{.pdf
Page 4 of 6
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
http://~~u~u.dot.state.fl.ulkddesi~_=n/rd/RTDS/06!~~6.pol~
Florida Department of Transportation, FDOT Design Standards for Design, Construction,
Maintenance and Utility Operations on the State Highway System, Index 700 Roadside Offsets
http: ~u~ww.dot.state.tl.us~rddesi<~n/rd%RCDS/OG/700.pdC
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://wurvv.dotstute.fl.us/rddesian/PYMManual/?007/Volume 1 i2007Vo1 I .htm
Florida Department of Transportation, FDOT Standard Specifications for Road and Bridge
Construction, Section 580 Landscape Installation
http://www.dotstate.fl.us/sneciticationsoffice/2007BK/580.ndf
Florida Department of Transportation, Maintenance Rating Program Handbook
ham://infonet.dot.state.fl us/statemaintenanceoffice/MRPHandbook2007Edition.gdf
Florida Department of Transportation, Landscape Architecture Website
http://www°.dotstale. fl. us/emo/beau~~/FI,A.htm
Interlocking Concrete Pavement Institute (ICPI)
http:/hvww.icpi.orc/ http://www.fisstate.org
International Society of Arboriculture (ISA)
wun .isa-arbor.com
Manual on Uniform Traffic Control Devices
http://www. muted. fliwa.dot. gov
Florida Irrigation Society
http:/,~ww w. t i sstatc. or~~
Florida Department of Community Affairs (FCA), Florida Board of Building Codes &
Standards, Florida Accessibility Code for Building Construction
http.//u~ww.dca.statc.N.us/tbc/publications/1 puhlications.hun
Guide to Roadside Mowing and Guide to Turf Management, available for purchase
httn://infonet.dot.state.tl.us/SupportScrvicesOftice/plisLhtm
Page 5 of 6
Accessible Sidewalk Videos (ADA)
http://www.access-board.~so~~!ne~~s/side calk-eideos.htm
Page 6 of 6
CITM OF DELRAM
DEIRAY BEACH
All-America City
~"i®
1993
zoos
CITY CLERK
CH
t:o r~~ ~ / ~i a~/eruie [~r/q :r etrc ri. rt.r.,ai~n asaaa
CERTIFICATION
< <~ ~ooo
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. 09-08, as the same was passed and adopted by the Delray
Beach City Commission in regular session on the 18th day of March, 2008.
IN WITNESS WHEREOF, I have hereunto set my hand and the
official seal of the City of Delray Beach, Florida, on this the 25th day of
March, 2008.
Chevelle D. Nubin, CMC
City Clerk
City of Delray Beach, Florida
(SEAL)
SERVICE PERFORMANCE INTEGRITY RESPONSIBLE INNOVATIVE TEAMWORK
RESOLUTION N0.09-08
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
EFFECTNE 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 aze authorized to make minor
revisions to such Agreement as are deemed necessazy 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 regulaz session on this 18`h day of March, 2008.
~~-~a. ~
MAYOR
ATTEST:
~. ~. ~.~
City Clerk
Envir Serv Dept TRANSMITTAL
No. 00004
434 South Swinton Avenue Phone: 561-243-7177
Delray Beach, FL 33444 Faz: 561-243-7060
PROJECT: Atlantic Ave Underpass Artwork
TO: City Clerks Office
DATE: 4/16/2008
REF: Zoor~o~s~~ I V E D
APR 1 7 2006
CITY CLERK
ATTN: Lanelda Gaskins
ARE SENDING: SUBMITTED F R• ACTION TAKEN:
^ Sho Drawin s ^ A royal A roved as Submitted
^ Letter Your Use ^ A roved as Noted
^ Prints As Re nested ^ Remmed After Loan
Chan a Order Review and Comment Resubmit
^ Plans ^ Submit
^ Sam Ies SENT VIA: ^ Retumed
^ S ecifica[ions Attached ^ Returned for Corrections
Other: Full Executed MMOA ^ S ara[e Cover Via: ^ Due Date:
ITEM NO. COPIES DATE ITEM NUMBER REV: NO. DESCRIPTION STATUS
1 1 4/16/2008 SUB 2k6.45-001-003 001 Fully Executed Original FDOT MMOA APP
Atlantic Ave. Underpass Artwork
Remarks: Lanelda, ~.
~~~u\ti~
Attached, please find one (1) fiilly executed District Four (4) Maintenance Memorandum of Agreement (MMOA) for the
Atlantic Avenue Underpass Artwork for filing in the Clerk's Office.
Thank yon,
Cazolanne
CC: Signed: ~ ~~ '
Cazolanne Kucmerowski
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