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Res 11-08/` RESOLUTION NO. 11-08 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 CERTAIN LANDSCAPE AND HARDSCAPE IMPROVEMENTS TO THE SUNSHINE NEIGHBORHOOD PARK; 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 certain landscape and hardscape improvements to be made to Sunshine Neighborhood Park, 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 That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict.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. ~~~~ASSED AND ADOPTED in regular session on this ~~ day of `~~`~-.~ > 2008. .~-~ ~~ MAYOR ATTEST: City Clerk MEMORANDUM TO: Mayor and City Commissioners FROM: Timothy Tack, Project Manager ESD/CRA Richard Hasko, P.E., Environmental Services Director THROUGH: David T. Harden, City Manager DATE: Mazch 12, 2008 SUBJECT: AGENDA ITEM 8 I -REGULAR COMMISSION MEETING OF MARCH 18 2008 RESOLUTION 11-OS -MAINTENANCE MEMORANDUM OF AGREEMENT WITH FDOT FOR SUNSHINE PARK The attached agenda item is a request for Commission approvaUauthorization for the Mayor to execute a Maintenance Memorandum of Agreement (MMOA) with the Florida Department of Transportation (FDOT) for the City requested improvements for Sunshine Neighborhood Pazk located at SW 15th Avenue and SW 2nd Street. Sunshine Neighborhood Park is a passive park that will be improved by adding sidewalk, lighting, landscaping and irrigation. The west property line of the park adjoins the I-95 sound barrier wall. The plans for the park call for landscaping and imgation within the I-95 sound barrier wall maintenance easement, therefore requiring a Maintenance Memorandum of Agreement between the City and FDOT. Staff recommends approval. RESOLUTION NO. 11-08 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 CERTAIN LANDSCAPE AND HARDSCAPE IMPROVEMENTS TO THE SUNSHINE NEIGHBORHOOD PARK; 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 certain landscape and hardscape improvements to be made to Sunshine Neighborhood Park, 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 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 are repealed to the extent of such conflict. Section 3. That this Resolution shall be in full force and effect immediately upon its adoption. PASSED AND ADOPTED in regular session on this day of 2008. MAYOR ATTEST: City Clerk SECTION NO. PERMIT NO: COUNTY: S.R. NO.: 93220 2007-L-496-0012 PALM BEACH 9 (I-95) DISTRICT FOUR (4) MAINTENANCE MEMORANDUM OF AGREEMENT THIS AGREEMENT, made and entered into tl>is _ day of , 20_, by azid between the STATE OF FLORH)A 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. WITNESSETIi: WHEREAS, the DEPARTMENT has jurisdiction over State Road 9 (I-95) 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 9 (I-95) adjacent to a Sound Barrier Wall 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 medians and areas outside of the travel way to the right of way line, including standard wncrete sidewalk, shall be maintained by periodic trimming, cutting, weeding, mowing, fertilizing, litter pick-up, necessary replanthrg, itTigation repairs, sidewalks repairs or replacements, median concrete repairs as needed, and inside the travel way if relevant; 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 areas within the right of way by said improvements made at the request of the AGENCY ;and WHEREAS, the parties hereto mutually recognize the need for entering into an Agreement designating and setting forth the responsibilities of each party; and a.~,., ~ ~.us;.~~> _., . ,.., r.i.,~..r .~ ~~ ~ ..,._... 1 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, hardscape irrigation and/or other improvements on the highway facilities as specified in plans and specifications hereinafter refereed to as the Project, and incorporated herein as Exhibit B. Hardscape shall mean construction of standazd and non-standard sidewalk, benches, trash receptacles, light poles and light fixtures, saddle back bike rack and irrigation system. (a) All plant materials shall be installed and maintained in strict accordance with sound nursery practice prescribed by the Intemational Society of Arboriculture (ISA); all plant materials installed shall be Florida #1 or better according to the most current edition of Florida Department of Agriculture, Florida Grades and Standards for Nursery Stock; and all trees shall meet Florida Power & Light, Right Tree, Right Place, South Florida. (b) Trees and palms within the right-of--way shall be 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) 'T'ree 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 Intemational Society of Arboriculture (ISA) and .the American National Standard Institute (ANSI) Part A-300 and when in Browazd County be licensed by Broward County Enviromnent Protection Department to perform this work. (d) Irrigation installation and 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 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, ,, .:,o;., it ?~u>; , ~ ;, :. ., , .c, „,:, . ,. . 2 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 elechical 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 tight-of--way, must be in conformity with the most current edition of the Manual on Uniform Traffcc 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 Clearazice 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 III, Florida Administrative Code [F.A.C.]). (l) The AGENCY shall provide the local FDOT Operation Center, located at 5548 N.W. 9`~' 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. (m) [f there is a need to restrict the normal flow of riaffic, it shall be done on off-peak hours (9 AM to 3 PM), and the party performing such work shall give notice to dze local law enforcement agency within whose jurisdiction such road is located prior to commencing ,~ ~,. 3 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. 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 anal 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 Depaztment 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; snowing 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 cleaz 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 aze 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 standard and non-standard surfacing treatment in optimum condition. To maintain also means keeping the hardscape and sidewalk azeas 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. ,,,. 4 _ . 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 said hadscape 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 nazned 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. 1f 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 corect 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 (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 5 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, azld any mitigation associated with the removal, relocation or adjustments of these improvements are the maintaining AGENCY'S responsibility. S. TAE AGENCY at its awn expense and by permit shall install the landscape improvements described in Exhibit B. The DEPARTMENT shall be invited to assist the CITY OF DELRAY BEACA 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 maybe 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 fhe State of Florida to be sued by third parties in any matter arising out of this Agreement or any other contract. 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 al] times during the term of this Agreement keep . l 3L •eh 3 ~i °~N ~, . 1 ~_ t ...~ 1L i ~ >. e.. )Z y Gf i . .k,as 6y 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 occunence combined single limit for Bodily Injury Liability and Property Damage Liability and Worker's Compensation insm•ance with minimum limits of $SOQ000.00 per Liability. Coverage must be afforded on a foam 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 [nsurance 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. 11. The DEPARTMENT, during any fiscal year, shall not expend money, incur any liability, nor enter into any contract which, by its teens, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal yeaz. Any .~. .t ..:. 's :i:.,, ,~.,.r-,tJA.-1 iS~r: •, lZ~ it-F'. '~C. rr..: .n '.. ... 7 contract, verbal or written, made in violation of this subsection is null and void, and no money tnay 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 cotnmitment 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 terni far a period of more than one yeaz, 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 Ag~•eement 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 Corrunercial Blvd. Ft. Lauderdale, FL 33309-3421 Attention: District IV Maintenance Engineer Or his designee If to the Agency: City of Delray Beach 100 NW 1'{ Avenue Delray Beach, Florida 33444 Attention: Robert George, Title: Special Programs Director Exhibit A: Project Location Exhibit B: Project Plans Exhibit C: Maintenance Plan i! 'v1JA (~ I ~~-(~-'~ , :{'tt;>;; k i ;,.~}9Cr „'.,a.z~ [1 "?~.v'.K ~:~:;: 8 IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective the day and yeaz first above written. CITY OF DELRAY BEACH Mayor /Chairperson Attest: (SEAL) Clerk Approval as to Form Date STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: Transportation Development Director Date Attest: (SEAL) Executive Secretary Approval as to Form Date 9 sscz-Ow wo.: 93aaoooo RF:F;c:R~:NCE ova: CO[Jh'I'Y: 93 S.R. N(b.: 9 1. PROJECT' 1.Iri11TS OF MAINTENANCE: State Road 9 (Interstate 9S) from (M.P.9.70) to (M.P.9.80) FI. PROJECT LOCA'ITON MAP OP AGENC.Y'S I•IAINTENANCE BOUNDARIES: i e T l T I! I l: A Y E M Il C -! ~ -- ~ , ; ; --II ~i ~. s-- I I ~-_J ~I ~~~ ~~~- ii i r~ ,~ ~ ;r.~,-~~~ I~ I ~, ~ ~~ ~- I I ' ;`~ ~- f--- ,,.,~ ~`i"~' I Irl ~ I ~ I ~I I 1 ~ ! i ?ttc 4 _..._ .__ -. 1 c --~ ~ ,' l , ~;-,, ~r --~ i-- i -1 i ~ i I i I al I (~ i i ,' ~ I. I II i i I i~ ~ ~~ . ~~ I .._I _ I L..........._I _~ L.- _.....J L _ _~ l: t reF'.,•- ~RV ~I nFl RdY AFACH II~:~+~fl s N~ ~ 1 [~~ SECTION NO.: PERMIT NO.: COUNTY: S.R. NO.: EXHIBIT B PROJECT PLANS 93220 2007-L-496-0012 Palm Beach 9/I-95 The Department agrees to install the Project in accordance with the plans and specifications attached hereto and incorporated herein. 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E ~~ r ~~°.f t~~ ,~~,~ lf~~ I~ ~~ 14~I~( ~~ E4 ~' I ~j 9 ~° .4tlsiltl ,l~~t~efl . ~E4 4 p~l ~ i K ' pCye~{1 EI tl~ S e !~ ~ !qYa i 1tl ' li~ a 'C'I ~ q it I€ I °'. ~i e` ~ ~@ II al $ !~ 'p~ r ~~ 4E " a ~ ! ~ ~° it ~ !g i ~ ' ®!Ei4~ IEW ~i~ i!S o E~ S Ei ~~ ' f ~ t 0 ~•y ® tl ~ ~ ' ~. ~' E T ! a ~E 4 ,! s !! } q ~ ~ l l li l l I I I I l l ~ ~ ~ ~ ~~ ;~ ~ I o i l l rl a l l ~s i 4 ~ 4 ~ ! S a ~~4 ~I ~,~ ~~~,E 1~ 4 t.. J It:7~R~ ca ~ ~ `-~ City of Delray Beach Sunshine Neighborhood Park: Project Description: Sunshine Neighborhood Park is !o<:ated in Delray Beach, FL east of Interstate 95 at the terminus of 5. W. 2"d Ave.; adjacent to an Interstate 95 Sound Barrier Wall. The parks is to serve as a small neighborhood park providing residents with a natural open ,pace for rest and relaxation, contemplation, and leisurely walks. Tiie Park is approximately one half acre in sire and contains the following components: 5'-0" wide meandering concrete walk through an aesthetically graded lawn area Landscaping including the following species: a Royal Poinciana Tree o Live Oak Tree o Royal Palm Tree o Creeping Fig Ground Cover o Florida Garnma Grass o St. Augustine Sod Site Furnishings including one {i) trash receptacle and two (2J Benches Irrigation system to provide full water coverage far landscaping Maintenance: landscape maintenance for City of Delray Beach Sunshine Neighborhood Park will be the responsibility of the contractor until the date of Final Acceptance. After Final Acceptance, the responsibility for the maintenance will pass to the City of Delray Beach . Maintenance shall include the following: - Tree and plant bed weed and insect control. - Maintenance of planting saucers - free pruning to remove suckers, dead and damaged limbs - Tree guy tightening and repair - Tree staking repair as needed Mulcfiing Irrigation syste>m maintenance and inspection Irrigation system maintenance, and supplemental hand watering in the event of irrigation systetti malfunction or prolonged drought Sidewalk maintenance and repair as needed Litter removal Ail per the maintenance schedule included: Q N ~. J c 9 c cu G p W J ~ W Q V1 I V Y' a I 1 O w ~ U 4 Z ¢ ~ ~ ~. _~ ¢ ~ m j ¢ x~ < IG D ¢ G ~ 4' p W ' i ~ ~ G j~ d ~ O ~ I I G ~ ~ :r I a ¢ ~ ~ u( V ~ u V u a I ~ s Id y N ( a d I W ~I ~ w ,~ ; W m ¢ W ~, ¢ W ~ ~ ~ ~~ a I s z ~ ! l l ~ a I t u q ~ ~ ~ O ~ ~ ~ ~I w ` m d" y 1 ~ ~ u I7 ~ m , ~ ~ ~u.i z ~ J w y d W~ ; Y ~ ~ Z w 6 z W ~ i Q w i w~ ~ ivi l~ ~ m G pc~ O 4- ~ O O '^ ~ a 2 >- LLI fY (1' W 2' W Q N_ w j~ .e ¢ Q = Q W Q ~ Q.W w o. Q ~ ~ Z . K Cl ¢ O J Y~ yl y II W ¢ J ~ J W W z }r r Z C C O< f ¢ W W ¢ LL W ry. ~ <L a W ~ , ~n O '/ui l ~~n 1' ~ l7 S Z ' v~~ v Q> i w¢ m ~ D hl `t Z. "':G v}iON ViQ -W~ I ~ p `J` p W Z J> GL p J H W 'Y W z I 00 00 ~:~~ O ~ ~...~ V~ ~¢c.7 ~ C d a ~ ~¢ GI Z ~ la w w tY Y K: ~ N Q d Z ~ w 7 3 ~ ~ ~ J w Z p yy .. ~ U ~L ~ I ~ ° ~ a lJ ~ Z 5 ~ t o ~ ~ vI T Vf h S ` tI~ 6 0 .Z d I W ~ ¢ 12 _I d d ~ Y LL w p Z~ a O ti7 a - J ~~ J ~- ¢g Hi z W J I ~ 4 z ~ I am z ~ ~im d u O a 7i ~? 1 s~ ~0 ~ ~ WI 'z '~H l g , ° o ~'- ~m > ° '-~'-zI ~'z zLL ~ ~- Qp ~ ~ >wp K h ~ F- l7 ¢ ~ Z in ~ J ¢ O IiY OC U d O W I C ~ SI ~L b B _] a ~ ~' J ~ t- V W O I 5 u ~ W ¢ I d Z I ~ ~ - _.__. . --i -__.._.~~_ ~ I ___. ~-~ O I _ ~ 1 ~ I ' ~ I ~ i ~ ~ ~ii _u J O lD W ~ 19 M N ' I I LL O ~ I ~ O ~ N N NI N IN 1 N ti N 4 ~ i ~ I I <y' y NI N I N N N N I ~ W Y Y t __ ~ _ ~ ~ i ~ N._._ I Q J w W W Q? N Ni I N. N N N ! IIII i r~l N ~ ~ ~ M u. ~ 1 ' ~ i N ~_ NI .~ I I N N IN N ~ F_.... N '~ -~I ( N Y ~ O i ~N N 1 ~ NI T N N -f- N i ~r1 ~ iN ! G ~ W ~ N N x • !- NI N -IN_ - N - ~ I IN --- N ---- ` IQ N N N ~ o r I w N .-1 I ~ L~ i M '1 e-I e-1 G ~ N ^"! ~~~ ¢ N Vt Vl N 1 e-1 ~ ~ _ ~W -i_.___ eY I M _ _ N O G __ _ ~...- ~ _ i N ~ ~. ~ 0~ ~ eq . rl I _ ~~ iy C' W .1 K 1 W I eY _ ~ . N H ______L__ ~~ '. rl 1 W Z Q W Z Q . r1 I ri b-. ~ z W W W d F- 1- F- J r-. ~ ~ ~ ' Z V i I 1 i I ~ h .vw. `i w W )~ I ~ !~1 I ~ I 1 Z ~ ~ I ~ I i I~ ~ O r 1 f- N N LLI J ~ z s- S Z O '~ O I 4 tL p I- ~ 10 - Q ~g~ N z 7 ? 4 C 4Y ~~ ~U ` ,~. J~l~ ~ Z m iz ~, =' z jd ¢d ~ ~ z O O Q~ Q I Z I d O 2 W K = N ~ ¢ ~ I~ i ~~ C N w ¢ O W W LL W T I1 N I :> OI Z u 'a. Y'1 J L ~ ~" « Z Ur EXt~IbtT G Project State Road No(s): Project Limits: FM No(s): Maintaining AGENCY: Date: PART I. MAINTENANCE PLAN Landscape Improvements SR 9 (I-95) 9.70 Mile Post to 9.80 Mile Post FM 423847-1-58-O1 City of Delray Beach January 29, 2008 General Department Maintenance Requirements and Recommendations: The purpose of a plan for maintenance practices for the project's landscape improvements is: to allow the plantings on your project to tluive in a safe and vigorous manner, to ensure safe and functional systems and hardscape, while fulfilling their intended purpose and conserving our natural resources. The phrase Landscape improvements is defined as: the plants, irrigation system and hardscape designed for this project. The 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 (FDO'I') governing standards and specifications: FDOT Design Standards fvr Desigr:, Construction, Maintenance and Utility Operations orz the State Highway System, FDOT Plans Preparation rl~iarnraf and FDOT Standard ,Specifications for Road and Bridge. C'on.rtruction as amended by contract documents; and all other requirements set forth by the pistrict Maintenance Engineer (DME) and District Landscape Architect (DLA). The Maintenance Plan is divided into two parts. Part I describes general DEPARTMETv"T maintenance requirements and recommendations and Part II are the rec:mmnendations prepared by the Registered Landscape Architect of Record (RLAOR) specific to the attached approved plans. Watering Requirements: Watering requirements are a critical concern. regarding the maintenance of healthy, vigorously growing plant material and the observation water conservation practices. "fhe amount. of water to apply at any one time varies with the weather, drainage conditions and water holding capacity of the soil of your site. Assess the soil moisture content before applying supplemental water. Contact the County Extension Agency /County UFiIFAS Extension Off ce for more information on watering schedules for your site. For plant materials that have been established, it is imperative that any mandated water restrictions be fully conformed to on PDUT roadways. Page I of 7 r:: rJl> 1~:' I:: A I I - I -_a: qOx C:.Uun~nu=n~s n l 5 lSinca ~.; ~ti I+AOe k tc,r~'~laic P., . ..< i i i.,wL~n, be,a r^,.doc 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. Avoid supplemental imgation during high temperatures and wind speeds due to high evaporation rates associated with these extremes. OBEY LOCAL. VJA'I F..R RESTRICTIONS and make every drop count. Irrigation Svstem: The AGENCY shall ensure there are no roadway overspray or irrigation activities during daytime hours (most notably "rush hour" traftlc periods). It is iutperative the irrigation controller is properly set so that the watering process will be entirely corirpleted before high traffic periods as well as adhere to mandated water restrictions. To ensure water conservation. the AGENCY shall monitor the system for water leaks, maintain patency on microdtip systems, and the functionality of the rain sensors to make sure .that the system will shut down when there is sufficient rainfall. The AGENCY shall ensure the water conservation design features of the irrigation system remain intact by prohibiting any retrofttting of separated zones or any other features designed to conserve water. Drainage: The AGENCY shall ensure adequate drainage to the site by routinely examining the soil depth for undue compaction in areas where sluggish drainage may become evident (to rule out such conditions as a hardpan effect, eta) and applying corrective measures. The AGENCY shall avoid undue soil compaction (especially within bee protection zones) by avoiding entering the landscape site with heavy equipment. Maintain patency of FDOT drainage structures by ensuring an adequate offset of mulch to structures (see MRP website). Integrated Plant Marra cement: An assessment of each planting area soil is recommended to periodically detemtine the nutrient levels needed to sustain healthy, vigorous plant growth. Palms, shrubs, trees and turf areas should 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 ue fi ee of disease and pests (see website for fiuther information). Mulching: Mulch planting beds in such a manner as to: prevent weed bnowth; retain moisture to the plants; protect against soil erosion and nutrient loss; maintain a more uniform soil temperatmt; and improve the appearance of the planting beds. Avoid. mulch mowided up on the trunks of trees, palms, and the base of sluubs to encourage air nu7vement in these areas which aids in lowering disease susceptibility. Cypress mulch is prohibited on state right of way and recycled mulch is encouraged. Pruni^ >: All. pruning, and the associated safety criteria, shall he performed according. to Americ;ut National Standard Institute ANSI A300 standards vrd shall be supervised. by an hrterrtational Society of Arboriculture (1SA) Certified Arborist. Pnwing shall he carried out with the health and natural growth of plant mater-ials iu mind, and to specific pruning heights maintaining clear Page 2 of 7 l ~~ *:.um:°r!v „tit 4•ttin~ -,}n ~:9rt'Dc k..k -+.,~n Pl~iu Rirs, -~! ~,r Un '?~ai'h.~ic+~ 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, are to be maintained to prevent potential roadway and pedestrian hazards. All C.bcos nuci~era (C'.oconut Palm) shall be kept fruit-free year round to prevent potential safety hazards. All Ptycbrosperma elegmrs (Solitaire Palm), a Florida Exotic Pest Plant Council, Category II plant; must be maintained fivit-free year round to prevent it's potential invasive characteristics. The specific pruning heights are determined by understanding the designer's intent when selecting and placing the plants (see Part IL Specific Requirements and Recommendations per Approved Landscape & Irrigation Design). The intended mature maintained height and spread of plants should be noted on the planting plans. The understory plant materials selected for use within the restricted. planting areas (Limits of Clear Sight) of the medians are to be maintained of a height in compliance with FDOT Design Standards Index 546, Page 6 q/ 6, Window Detail. Vertical tree heights must meet FDOT Maintenance Rating Program (MRP) standards (see website). Stakine and Guying_ All staking materials, except for replacements, are removed by the completion of FDOT wan'anty 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 Mowine: All fnassed areas atre to be mowed and trimmed with sufficient frequency to maintain a deep, healthy root system while providing a neat and clean appearance to the urban landscape. All turf efforts: mowing, curb sidewalk edging, and turf condition must meet FDOT Maintenance Rating Program (MRP) standards (see website). Litter Control: The project site shall remain as litter free as practicable. It is recommended to recycle this litter to avoid wmecessaty waste by its reuse. Litter removal eftbrts must meet F'DOT Maintenance Rating Program (MRPj standards (see website). Weedin Herbicide: All planting areas shall be maintained as weed tree as practicable enlisting Integrated Pest Management practices (sec wcbsite) in areas specified on the plans and by maintaining proper mulch levels. Extreme care is recormmended il' using a chemical pert»cide to avoid overspray onto plant materials. Any damage resulting from overspray is the app'licator's responsibility to restore the damaged plantings to the approved plans. Plant Replacement: Plant replacement shall be the same species and specification as the approved plan.. Unly plants tn'aded Florida #1 or better per the Floricfa Deparnnerrt u/,4gricrdtrtre card C'onsarners Services. Page 3 of ? C (1 :~uumeut ~ ui cCtii ~ ra=i yi~GL' d 1..;?-;t9nin i'lart f±rv ~<<.e ,scam bcsch,dr„ Grades and Standards for Nursery Plants is permitted on FDUT roadways. Should it become necessary to change the species, a general use permit is reyuired from FDUT Operations for approval by the FDOT District Landscape Architect. Hardscape (Specialty Surfacing: All specialty pavers and/or tree grates shall be maintained in such a manner as to prevent-any potential tripping hazards and protect damage to the pavers and/or tree grates. Final surface tolerance from 'grade elevations shall, at a minimum, meet the most current buerloc/dng Concrete Pavement Institute (ICPI), Section 23 1413 Luerlocking Concrete Pavers, F'cvt 3.05. If the pavers and/or tree grates become damaged they shall be replaced with the same type and specification as the approved plan. Hardscape (Non-Standazd Travelway Surfacing): It shall be the responsibility of the AGENCY to restore an unacceptable ride condition of the roadway, including asphalt pavement, caused or contributed by the installation or failure of non- standard surfacing, and/or the header curb, on the Depar-Gnent 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, attd a width to cover full lanes for each lane affected by the restoration. Pavement restoration will be performed in accordance with the most cun•ent edition of the FDOT Standard 5pecif:catiazs for Road and Bridge C'onstntction, and the FDOT Design Standards,for Design, Construction, Maintenance and Utility Operations on the State Highway System. [t shall be the responsibility of the AGENCY to maintain all signs located within anon-standard surfacing area. Such maintenance to be provided by the AGENCY shall include repair and replace of the sign panel, post acid base. Hazdscaue (Landscape Accent Lighting) Landscape accent lighting shall be maintained in such a ntarnter as to prolong the life of the lighting fixture and prevent potential safety hazards. If the lighting fixtures anal their system become damaged, they shall he replaced with the same type and specification as the approved plan. Maintenance Traffic Control Reference the FDUT website regarding the selection o f the proper traffic control requirements to be provided during routine maintenance and 1 or new installations of this DOT' roadway. Website: Series 600 "Craffic Control though Work Tones httta:/1www.dot.state.tl.usirddesi~rv'Desi enStandards/Stantlards.hhn Page 4 of 7 C t)~,:u1m+e~~ ~i1.?aciu ,.I:uiv;u`Ih ~.i.,~~?i~ti.t t'1::r. Re~~~--;~„ialm'~ i b.dc:; PART Il. Suecific Project Site Maintenance Reuuirements and Reconunendations: Design Intent: The Design Intent is to provide beauty (healthy and vigorous growth), shade and to break up the mass of the adjacent concrete walls. To soften the walls allow a natural full spreading growth of shrubs and trees. The additional maintenance instructions listed below are minor. 1. Remove plain fronds when completely brown, monitoring closely during hunicane season. 2. Allow low branches spreading branching on trees and slu-ubs to encourage a nautral appearance. 3. Provide adequate fertilization to accelerate the gowth of the trees and shrubs to provide shade uzd to soften the concrete wall. REFERENCES American National Standard Institute, ANSI A300, (Part ]),for Tree Care Operations -Trees, Shr-uG, ctnd Other ti4'oody Plarzt Maintenance -,Standard Practices (Pruning, available for ptu:chase httu:/Jwebstore.ansi. orgiansidocsforeifind.asp? United State Environmental Protection Agency, bzte„rated Pest ,'~lanaQement (II?M) Principles htfD://www.e a.>o~~h~esticides/factsheetsJium.hun Florida Deparhnent of Agriculture and Consumer Services, Division of Plant Industry, Florida Grades and Standards,for Nursery .Stock httu a/www.do acs. state. fl.us!p i/~ antinsplQub lication s.ltim l Florida Deparnnent of Transportation, FDOT Design Standards,for Design. Constrwcu:orz, d4uintenance and L/tility Oper-atiorzs ort the State Cli~hi~~cty Svsten~, Indez ?44 Landscape Installation lrttn:!/w_ww.<lot.state.fl.us/rddesi anlydrRTI)Si'U(i S~l4~~df I'~ge 5 of 7 l d.)oci~imcai and .`ic~U.l'tt: tarvlt.'C) k .,r.~'i;c.i Pl~~m Re: west Sri?ai'~ v.:6.doc Florida Department of Transportation, FOOT Design .S'tandarrls for Design, Consh-uctian, Maintenance and Utilih% Operations on the State Highurry System, Iruler S9h 5'ight Distance at Intersections htt1~:/lwww.dotstate.fl.ushddesi.~vrd1RTDSlU61546.nd1' Florida Department of Transportation, FDOT Design Standcrrcls for Design, Construction, Maintenance and Utility Operations ore the S'[ate Flightt~ay Syslerrt, Index 700 Roadside Offsets Jtttpa/www.dotstate.fl.us/rddesiertlyd/RTDSiOCtl700 pdf Florida Department of'I'ransportation, FDOZ' Plans Preparation Manzral (PI'Mj 1/0l. !Chapters 2.11._5, Horizontal Clearance to Trees; "fable 2.11.9 Horizwzta(Clcarance and Clear Znne; Figxcre 4.1.1 C'Iern- Zone,, and Trtble 25.4.11.1 Clear Zone YVidtlx (feetl and 'fable 25.4.14.6 (for existing) trees http://www.dot.state.fl.us/rddesicnlPPMManual/2007Nolume] /2007 Vol l .htm Florida Department of Transportation, FDOT Standard Specifications, for Road mxd Bridge Construction, Section S80 Landscape Lxstallation httn://www.clotstate.tl.us/specitlcationsoffice12007BIii580. t~df Florida Department of Transportation, rYlainterxance Rating Program Handbook htto: //infonet.dot. state. fl. us/statemai ntenanceo ffice/M R P}landbook2007Edition.~df Florida Deparnnent of Transportation, Landscape Architecture Website htto:!/www.dot. state. fl.us/emo/beautylFI,A.htm Interlocking Concrete Pavement Institute ([CPI) http:/iwww.ic~.orgr_ http://www.fisstate.org htternational Society of Arboriculture (ISA) www.isa-arbor.com Manual an. Unitbrm Traffic Control Devices httt~://www. mutcd.lh wa. dot. tzov I'lorida lrrigalion Society htt~://www. fisstate.orQ Florida Department of Community Affairs (FCA), Florida Boctrd of /3zrilding Codes & Starxdardr, Fla-ida :9ccessibi(ity Code /or Buildin„ C'onstnrctiort httu://www.dca.state.fl.uslfbc/Lnblications/l publicatign.htm Guide. u, Roadside Motcir:g arzd Guide. to Turf.A9anagement, available for pwchase harp:/; infonek.dot.state.tl.us/SunportServicesOftice/plist_htm United State Environmental Protection Agency, bxtegrutcd Pest Management (IP,'t'IJ Princrjrles r,;;~, h or 7 rr:u ~r ; au ~az?x;h ~ I) ar~esn, a 'i ti^u u;.kt..iy!(r; c,l. ~,,'$A.;~ a .'..n: Rr.~, nc,~p~lrn'r:Ca,dn;: httn:/{www.epa.~ovipesticides/factsheets/ipm.hhn University of Florida, Institute of Food and A~'icultural Services (LP.A.S.) ham:/; www.ifiis.ull.edu/ Page 7 of i /'ti ~?filic. l -'.De °umen! a.td tirtti~xi..kntvlr_`.{ ~ -n_c_SNa~ i ' :an He- ~~ p:t'pi n u. i~. (ioi~. A T L A N T I C ~ ~ ~ w Q ;. ~ _ ~ ~ ri ~ s w a s d 0 E x _ _ Y r a ~ a 0 0 0 x ~ N z x N Z V1 O Q O I r 0 0 N N V O S-w. 13 2ND uu ST. A V E N U E ° CITY of DELRAY BEACH SUNSHINE NEIGHBORHOOD PARK DAlE:07/oa/zom ~ LOCATION MAP 1E°~10m`~` ENVWONMENTAL 3ERVICE8 DEPARTMENT zoos-oao 7 OF1 j X99 BOVIH BWMON AVBiUE, O6MY BEAal ROIIDA 3HM4