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HomeMy WebLinkAbout2015 FDOT Landscape AgreementSECTION No.: FM (s): Connected JPA No: COUNTY: S.R. No.. 89010 4 7P3w1 1 -7-0 INDIAN RIVER 5 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION DISTRICT FOUR LANDSCAPE MAINTENANCE MEMORANDUM OF AGREEMENT THIS AGREEMENT, made and entered into this 4t— day of Q�1� 20 by and between the STATE OF FLORIDA DEPARTMENT OF TRA SPORTATION, a component agency of the State of Florida, hereinafter called the DEPARTMENT and the City of Sebastian, a municipal corporation, existing under the Laws of Florida, hereinafter called the AGENCY. WITNESSETH: WHEREAS, the DEPARTMENT has jurisdiction over State Road 5 (U.S. 1) as part of the State Highway System as described in Exhibit "A"; and WHEREAS, the AGENCY seeks to install and maintain certain landscape improvements within the right of way of State Road 5 (U.S. 1) as described within Exhibit "B"; and WHEREAS, as part of the continual updating of the State of Florida Highway System, the DEPARTMENT, for the purpose of safety, protection of the investment and other reasons, has constructed and does maintain the highway facility as described in Exhibit "A" attached hereto and incorporated by reference herein, (within the corporate limits of the AGENCY or within the unincorporated County); and WHEREAS, the AGENCY is agreeable to maintaining those landscape improvements within the AGENCY'S limits including plant materials, irrigation system and/or hardscape to medians and areas outside the travelway to the right of way line and/or areas within the travelway that may contain specialty surfacing (concrete pavers, color stamped concrete and color stamped asphalt [also known as patterned pavement]) including any other nonstandard hardscape (if applicable), but excluding standard concrete sidewalk, and agree such improvements shall be maintained by periodic mowing, fertilizing, weeding, litter pick-up, pruning, necessary replanting, irrigation repair and/or repair of the median concrete replacements associated with the specialty surfacing (if applicable) as needed; and WHEREAS, it is the intent of the AGENCY and the DEPARTMENT that the AGENCY shall maintain all right of way within the medians, outside the travelway and improvements made to the travelway that was made at the request of the AGENCY; and WHEREAS, the parties hereto mutually recognize the need for entering into an Agreement designating and setting forth the responsibilities of each party; and Page 1 of 20 WHEREAS, the AGENCY by Resolution No. R--19 dated September 1 h 2014, attached hereto and by this reference made a part hereof, desires to enter into this Agreement and authorizes Its officers to do so; and NOW THEREFORE, for and in consideration of the mutual benefits to flow each to the other. the parties covenant and agree as follows: 1. The recitals set forth above are true and correct and are deemed incorporated herein. . INSTALLATION OF FACILITIES The AGENCY shall install and agrees to maintain the landscape improvements described herein as: plant materials, irrigation and/or hardscape on the highway facilities substantially as specified in plans and specifications hereinafter referred to as the Project (s) and incorporated herein as Exhibit "B". Hardscape shall mean, but not be limited to any site amenities such as landscape accent lighting, bike racks, fountain, tree grates, decorative free standing wall, sidewalk, median and/or roadway specialty surfacing such as concrete pavers, stamped colored concrete and/or stamped colored asphalt (also known as patterned pavement). (a) All plant materials shall be installed and maintained in strict accordance with sound nursery practice Prescribed by the Internabonal Scclety of Arboriculture (ISA). All plant materials installed shall be Florida 91 or better according to the most current edition of Florida Department of Agriculture, Florida Grades and Standards far Nursery Stock and all tress shall meet Florida Pyr & Ught, Right Tree, Right Pface, South Florida. (b) Trees and palms within the right of way shall be insta%ed and pruned to prevent encroachment to roadways; lateral off sets and aidewalks. Definition of these criteria is included in the most current editions of FDOT Design Standards for Construction, Maintenance, and Utility Operations on tine State Highway System and Exhibit "C", the Maintenance Plan. (c) Tree and palm pruning shall be supervised by properly trained personnel trained in tree pruning techniques and shall meet the most current standards set forth by the International Society of Arboriculture (ISA) and the American National Standard Institute (ANSI), Part A-300. (d) Irrigation installation and maintenance activities shall conform to the standards set forth by the Florida Irrigation Society (FIS) latest edit?on of FIS, Standards and Specifications for Turf and Landscape Irrigation Systems. (e) The AGENCY shall provide the FDOT Local Operation Center accurate as -built Plans of the irrigation system so if in the future there is a need for the DEPARTMENT to perform work in the area, the system can be accommodated a5 much as possible. (See paragraph I I j for contact information) Page 2 of 20 (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 Operations Center (see paragraph [ I ] below) and the AGENCY shall be responsible for all associated fees for the installation and maintenance of these utilities. (g) All specialty surfacing 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 (ICpl). (h) All activities, including landscape improvements installation and future maintenance operations performed on State highway right of way, must be in conformity with the most current edition of the Manual on Uniform Traffic Control (MUTCD) and FDOT Design Standards, Index 600 Series, Trak Control through Work Zones. (i) The most current edition of FDOT Design Standards, Index 546 (Sight Distance at Intersections) must be adhered to. (j) Lateral offsets as specified in the FDOT Plans Preparation Manual, Volume 1, Chapters 2 and 4 and FDOT Design St€r?dards. !ndex 700 must be adhered to. (k) Landscape improvements shall not obstruct roadside signs or permitted outdoor advertising signs, (see Florida Administrative Code [F.A.C.] Rule Chapter 14-10.) (1) The- AGENCY shall provide the local FDOT Operation Center located at Treasure Coast Operations, 3601 Oleander Avenue, Fort Pierce, FL 34882 (772) 465-7396, a twenty-four (24) hour telephone number and the name of a responsible person that the DEPARTMENT may contact The AGENCY shall notify the local maintenance office forty-eight (43) hours prior to the start of the landscape improvements. (m) If there is a need to restrict the normal flow of traffic, it shall be done on non - holiday, weekday off-peak hours (9 AM to 3:30 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 worse on the landscape improvements. The DEPARTMENT'S Operation Center Public Information Office shall also be notified. (n) The AGENCY shall be responsible to clear all utilities within the landscape improvement limits before construction commences. (o) The AGENCY shall follow the minimum level of maintenance guidelines as set forth in FDOTS Rule Chapter 14-40 Highway Beautification and Landscape Management, in the FDOT Guide to Roadside mbaing and Maintenance Management System, and Exhibit "C", the Maintenance Pian for maintenance activities for landscape improvements. Page 3 ar 20 3. MAINTENANCE OF FACILITIES A. The AGENCY agrees to maintain the landscape improvements, as existing and those to be installed, within the physical limits described in Exhibit "A" and as further described in Exhibit "B". The non-standard improvements within and outside the travelway shall be maintained by the AGENCY regardiess if the said improvement was made by the DEPARTMENT, the AGENCY, or others authorized pursuant to Section 7, by periodic mowing, pruning, fertilizing, weeding, curb and sidewalk edging, litter pickup, necessary replanting, irrigation system repair and/ or repair of any median concrete replacement associated with specialty surfacing (if applicable) following the DEPARTMENT'S landscape safety and maintenance guidelines, Exhibit "C", the Maintenance Plan. The AGENCY'S responsibility for maintenance shall include all landscaped. turfed and hardscape areas on the sidewalk or within the medians and areas outside the travelway to the right of way and/or areas within the travelway containing specialty surfacing. It shall be the responsibility of the AGENCY to restore an unacceptable ride condition of the roadway caused by the differential characteristics sof non-standard travelway surfacing (if applicable) on DEPARTMENT right of way within the limits of this Agreement. B. Such mairtenance to be provided by the AGENCY is speai =lly set out as follows: to maintain, which means to properly water and fertilize all plant materials; to keep them as free as practicable from disease and harmful insects; to properly mulch the planting beds; to keep the premises free of weeds; to mow the turf to the proper height to properly prune all plants which at a minimum includes; (1) removing dead or diseased parts of plants, (2) pruning such parts thereof to provide clear visibility to signage, permitted outdoor advertising signs per Florida Statute 479.106 and for those using the- roadway and/or sidewalk; (3) preventing any other potential roadway hazards. Plant materials shall be those items which would be scientifically classified as plants and including tress; palrns, shrubs, groundcover and turf To maintain also means to remove or replace dead or diseased plant materials in their entirety, or to remove or replace those that fall below original project standards. Palms shall be kept fruit free year round. To maintain also means to keep the header curbs that contain the specialty surfacing treatment in optimum condition. To maintain also means to keep the nonstandard hardscape areas clean, free from weeds and to repair said hardscape as is necessary to prevent a safety hazard. To maintain also means to keep litter removed from the median and areas outside the travel way to the right of way line. All plants removed for whatever reason shall be replaced by plants of the same species type, size, and grade as specified in the original plans and specifications. Any changes to the original plans shall be submitted by permit application to the DEPARTMENT for review and approval_ C. If it becomes necessary to provide utilities (watedelectricity) to the medians or areas outside the travelway to maintain these improvements, all costs associated with the utilities associated for the landscape improvements including, but not limited to any impact and/or connection fees, and the on-going cost of utility usage for water and electrical, are the maintaining AGENCY'S responsibility. Page 4 of 20 The AGENCY shall be directly responsible for impact and connection fees D. The maintenance functions to be performed by the AGENCY may be subject to periodic inspections by the DEPARTMENT at the discretion of the DEPARTMENT. Such inspection findings will be shared with the AGENCY and shall be the basis of all decisions regarding, repayment, reworking or agreement termination. The AGENCY shall not change or deviate from said plans without written approval of the DEPARTMENT. 4. NOTICE OF MAINTENANCE DEFICIENCIES A. If at any time after the AGENCY has undertaken the landscape improvements installation and/or maintenance responsibility for the landscape improvements it shall come to the attention of the DEPARTMENT'S District Secretary that the limits, or a part thereof, are not properly maintained pursuant to the terms of this Agreement, said District Secretary, may at his/her option, issue a written notice that a deficiency or deficiencies exist(s), by sending a certified leiter 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: (1) Maintain the landscape improvements or any part thereof, with the DEPARTMENT or Contractor's personnel and invoice the AGENCY for expenses incurred, and/or (2) At the discretion of the DEPARTMENT, terminate the Agreement in accordance with Paragraph 9 of this Agreement and remove, by the DEPARTMENT or Contractor's Personnel, ail of the landscape improvements installed under this Agreement or any preceding Agreements, except as to trees and palms, and charge the AGENCY the rassonable oost of such removal. S, The AGENCY agrees to reimburse the DEPARTMENT ai€ monies expanded for the landscape improvements listed in Exhibit "B" (in the amount listed in Exhibit "101"), should the landscape improvements fail to be maintained in accordance with the terms and conditions of this Agreement. 5. FUTURE DEPARTMENT IMPROVEMENTS It is understood between the parties hereto that the landscape improvements covered by this Agreement may be removed, relocated, or adjusted at any time in the future, as determined to be necessary by the DEPARTMENT in order that the adjacent state road be widened, altered, or otherwise changed to meet future criteria or planning needs of the DEPARTMENT, The AGENCY shall be given sixty (60) calendar day notice to remove said landscape improvements at the AGENCY's expense after which time the DEPARTMENT may remove same. All permits (including tree permits), fees, and any mitigation associated with the removal, relocation or adjustments of these improvements are the maintaining AGENCY'S responsibility. Page 5 of 20 E. FUTURE AGENCY IMPROVEMENTS The AGENCY may construct additional landscape improvements within the limits of the landscape improvements rights of ways identified as a resuft of this document, subject to the following conditions: (a) Plans for any new landscape improvements shall be subject to approval by the DEPARTMENT. The AGENCY shall not change or deviate from said plans without written approval by the DEPARTMENT. (b) All landscape improvements shall be developed and implemented in accordance with appropriate state safety and roadway design standards. (c) The AGENCY agrees to comply with the requirements of this Agreement with regard to any additional landscape improvements it chooses to have installed and there will be no cost to the DEPARTMENT. 7 ADJACENT PROPERTY OWNER IMPROVEMENTS The DEPARTMENT may allow an adjacent property owner to construct additional landscape improvements within the limits of the right of way identified in Exhibit "A" of this Agreement that the AGENCY shall be responsible for maintaining under this Agreement, subject to the following conditions: (a) Plans for any new landscape improvements shall be subject to approval by the DEPARTMENT and shall require a valid permit attached with a letter of consent to said plans by the AGENCY. The plans shall not be changed or deviated from without written approval by the DEPARTMENT and the AGENCY. (b) All landscape improvements shall be developed and implemented in accordance with appropriate state safety and roadway design standards. (c) The AGENCY agrees to comply with the requirements of this Agreement with regard to any additional landscape improvements installed by an adjacent owner. 8. AGENCY REIMBURSEMENT The DEPARTMENT and the AGENCY intend to enter into a separate agreement as further referenced in Exhibit "0" attached hereto and made a part hereof. The DEPARTMENT shall be invited to assist the AGENCY in final inspections before acceptance of the Project by the AGENCY. The DEPARTMENT must approve the landscape improvements before the Agency's contractor is released. 9. AGREEMENT TERMINATION In addition to those conditions otherwise contained herein, this Agreement may be terminated under any one (t) of the following conditions. Page 6 of 20 (a) By the DEPARTMENT, if the AGENCY fails to perform its duties under this Ag±eement, following ten (10) days written notice. (b) By the DEPARTMENT, for refusal by the AGENCY to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the AGENCY in conjunction with this Agreement. 10. AGREEMENT TERM (a) The term of this Agreement commences upon execution by all parties. The term of this Agreement shall remain in effect for twenty-five (26) years. (b) if the DEPARTMENT chooses to cancel the landscape improvements described in Exhibit "B"T this Agreement becomes void and the original Agreement is reinstated, if any. 11. LIABILITY AND INSURANCE REQUIREMENTS A. Waith respect to any of the AGENCY'S agents, consultants, sub -consultants, contractors and/or sub -contractors, such party in any contract for the landscape improvements shall agree to indemnify, defend, save and hold harmless the DEPARTMENT from all claims, demands, liabilities, and suits of any nature arising out of, because of or due to any intentional and/or negligent act or occurrence, omission or commission of such agents, consultants, subconsultants, contractors and/or subcontractors. The AGENCY shall provide to the DEPARTMENT written evidence of the foregoing upon the request of the DEPARTMENT. It is specifically understood and agreed that this indemnification clause does not cover or indemnify the DEPARTMENT for its own negligence. B. In the event that AGENCY contracts with a third party to provide the services set forth herein, any contract with such third party shall include the following provisions. (1) 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 Ilmiis 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 than the latest edition of the Comprehensive General Liability and Worker's Compensation policy without restrictive endorsements, as filed by the Insurance Services Office. The AGENCY and DEPARTMENT shall be named as additional insured on such policies. (2) AGENCY'S contractor shall furnish AGENCY with Certificates of insurance of Endorsements evidencing the insurance coverage specified herein prior to the beginning performance of work under this Agreement. Page 7 of 20 (3) Coverage is not to cease and is to remain in full force and effect (subject to cancellation notice) until :all performance required of AGENCY'S contractor is completed. All policies must be endorsed to provide the DEPARTMENT with at least thirty (30) day notice of cancellation and or/or restriction. If any of the insurance coverage will expire prior to the completion of work, copies of renewal policies shall be furnished at least (30) days prior to the date of expiration. 12. E-=4'EFEFY REIQUIREVVcENTS The AGENCY shall: (a) Utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by the AGENCY during the term of the contract; and (b) Expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. "v. w�;4 ` ; D> t Ei f� -RCTs This wd*ing embodies the entire Agreement and undarstanding between the parties hereto and there are no other Agreements and understanding; orai or written, with reference to the subject matter hereof that are not merged herein and superseded hereby (except the associated Grant .Joint Participation Agreement if applicable). 14. FISCAL TERMS The DEPARTMENT, during any fiscal year, shall not expend money, incur any [!ability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money will/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 malting of contracts for periods exceeding one (1) year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the DEPARTMENT which are for an amount in excess of TWENTY-FIVE THOUSAND DOLLARS ($25,000.00) and which have a term for a period of more than one year. 15. DISPUTES 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. Page 8 of 20 18. ASSIGNMENT This Agreement may not be assigned or transferred by the AGENCY, in whole or in part, without the prior written consent of the DEPARTMENT 17 LAWS GOVERNING This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. In the event of a conflict between any portion of the contract and Florida law, the laws of Florida shall prevail. The AGENCY agrees to waive forum and venue and that the DEPARTMENT shall determine the forum and venue in which any dispute under this agreement is decided. 18. NOTICES Any and all notices given or required under this Agreement shall be in writing and either personally delivered with receipt acknowledgement or sent by certified mail, return receipt requested. All notices shall be sent to the following addresses: If to the DEPARTMENT: If to the AGENCY: State of Florida Department of Transportation City of Sebastian 3400 'Nest Commercial Blvd. 1225 Main Street Ft, Lauderdale, FL 33309-3421 Sebastian: Florida 32958 Attention: Elisabeth Hassett, R. L.A. Public Works Director FDOT District IV Landscape Architect 19. LST OF EXH07 s Exhibit A. Landscape Improvements Maintenance Boundaries Exhibit B: Landscape Improvement Plans Exhibit C: Maintenance Plan for Landscape Improvements Exhibit D: Approximate Cost for Landscape Improvements Page 9 of 20 IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective the day and year first above written. STATE OF FLORIDA CITY OF SEBAS IAN DEPARTMENT OF TRANSPORTATION By: jamdzu Chairpe cnfiWayor Manager TranseftaeA Development s1, FLp 17 7. ,moi' ►'�—' r,,`�P �s0 z Attest: _ (SEAL; Attest: o Clea o Executive Secreta Q 0 OF TRPNc'e L •Review Date al Reviej Date ol�a#/j. Office of the General Counsel -aqe 10 a4 20 SECTION No., FF,l (s): Connected JPA No: COUNTY: S.R. No.: EXHIBIT A 880'19 437223-1- A-01 INDIAN RIVER a LAMDSCAPE IMPROVEMENTS MAINTENANCE BOUNDARIES 1. LIMITS OF MAINTENANCE FOR LANDSCAPE IMPROVEMENTS: State Road 5 (U. S. 1) from sastbound County Road 512 (M.P. 18.845) to Martin Avenue (M.P. 19.156) If. LANDSCAPE IMPROVEMENTS MAINTENANCE RESPONSIBILITIES MAP - Please see attached map Page 11 of 20 1-7 S< �HVP'Fid� CzF F'Ftt7,:�Ci"'� S. �j Lhttifs a fnm hn anaa by the cgy � f�»rr(s ar-maintenarme by Hca C#y of alSebas�+a,�- f.,�d05GAr� AF�� a^A�aSGBrr-!-�ARL'S�AR�R LIMITS OF MAINTENANCE STATE OF FLORIDA CITY OF SEBASTIAN S.R.5 (U.S.41FEDERAL. HIGHWAY) DEPARTMENT OF TRANSPORTATION FROM C.R.592 EASTBOUND (M.P. 98.45) TO MARTIN AVENUE (M.P. 19.756) F,P.I.D.: 437223-9-74-09 1 OF 4 1 1E Urlto of maMtmanw by the Qfy of r Umfea ofmawtanalms by the MY rr Sa4ea&ert LAict 35CAr'E AREA w r... SeGaatFa+T- HARCSCAPE AREA LIMITS OF MAINTENANCE STATE OF FLORIDA CITY OF SEBASTIAN S.R.5 (U.S,1/F'EDERAL HfGl;1+ AY) DEPARTMENT OF TRANSPORTATION FROM C.R.512 EASTBOUND (M. P. 18.45) TO MARTIN "EN UE (M, P. 19.156) F.P.I.D.. 437223-1-74.01 2OF4 LIMITS OF MAINTENANCE STATE OF FLORIDA CITY OF SEBASTIAN S.R.5 (U_S.I/FEDERAL HIGHWAY) DEPARTMENT OF TRANSPORTATION FROM C.R.512 EASTBOUND (M.P. 18.45) TO MARTIN AVENUE (M.P. 19.156) F.P.I.D.: 437223-144-01 3OF4 LIMITS OF MAINTENANCE STATE OF ELt3PJDA CITY OF SEBASTIAN S.R.5 (U.S.1/FEDERAL HIGHWAY) DEPARTMENT OF TRANSPORTATION FROM C.R.512 EASTBOUND (M.P. 18.45) TO MARTIN AVENUE (M.P. 19.156) F-FJ.D.: 437223-1-T4-01 -� 4OF4 SECTION No.: 1,80010 Fid (s): 437223-1-74-01 Connected JPA No: COUNTY: INDIAN RIVElk S.R. No.: 5 EXHIBIT 6 LANDSCAPE IMPROVEMENT PLANS The AGENCY agrees to install the landscape improvements in accordance with the plans and specifications attached hereto and incorporated herein. 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Tu It zw 1N f tl if W� ,l I Nf€ to u !II it u R € tl z «Y N 9 int � x�: �M € vj n a ! HiE-6' igs!_ a:3 Lf W 9 4 a 07 U LL clY Ej4 P3 K C3 z J R y n of of cl �f X f t s•,i�Tf It ll'f�3.'f.,lr- f�,lir�jl�f'IIFF �� �tyy� SECTION No.: FM (s): Connected JPA No: COUNTY- S.R. No.. EXHIBIT C Esala 437223-1-74-01 Af L(W �2 INDIAN RIVE 5 MAINTENANCE PLAN FOR LANDSCAPE IMPROVEMENTS This Exhibit forms an integral part of the DISTRICT FOUR (4) LANDSCAPE MAINTENANCE MEMORANDUM OF AGREEMENT between the State of Florida. Department of Transportation and the AGENCY. Please see attached Page 13 of 20 MAINTENANCE PLAN Landscape Improvements Project State Road No(s): From State Road 5 (U. S. 1) from east bound County Road 612 (M.P.18.845) to Martin Avenue (KID. 19.156) FM 437223-1-74-01 Maintaining Agency: Sebastian RILA of Record: Michael D. Conner Date: March 6, 2015 I. GENERAL MAINTENANCE REQUIREMENTS AND RECOMMENDATIONS: The purpose of a plan for the landscape improvements maintenance practices -is to allow the plant material on your project to thrive in a safe and vigorous manner while fulfilling their intended purpose and conserving our natural resources. Plantings and all other landscape improvements shall be maintained to avoid potential roadway hazards and to provide required clear visibility, accessibility, clearance, and setbacks as set forth by Florida Department of Transportation (FDOT) governing standards and specifications: FDOT Design Standards, FDOT Plans Preparation Manual Vol_ 1, Chapter 2.91 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 generaf maintenance requirements and recommendations. The concluding section provides recommendations prepared by the Registered Landscape Architect of Record specific to the attached approved plans. WATERING REQUIREMENTS Watering is a critical concern for not only the maintenance of healthy plant material but also for observing water conservation practices. The amount of water to apply at any one time varies with the weather, drainage conditions and water holding capacity of the soil. For plant materials that have been established, it is imperative that any mandated water restrictions be fully conformed to on FDOT roadways. Proper watering techniques should provide even and thorough water dispersal to wet the entire root zone, but not saturate the soil or over -spray onto travel lanes. IRRIGATION SYSTEM The Agency shall ensure there are no roadway overspray or irrigation activities during daytime hours (most notably "rush hour" traffic periods). It is imperative the irrigation controller is properly set to run early enough that the watering process will be entirely completed before high traffic periods, while adhering to mandated water restrictions. To ensure water conservation, the Agency shall monitor the system for water leaks and the rain sensors to ensure they are functioning properly so that the system shuts down when there is sufficient rainfall. INTEGRATED PLANT MANAGEMENT An assessment of each planting area's soil is recommended to periodically determine the nutrient levels needed to sustain healthy, vigorous plant growth. A Page 14 of 20 Palms, shrubs, trees and turf areas shall be fertilized in such a manner and frequency to ensure that the plant material remains healthy and vigorously growing. Establishment of an integrated pest management program is encouraged to ensure healthy plants, which are free of disease and pests. 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 frees, 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. PRUNING All pruning, and the associated safety criteria, shall be performed according to American National Standard institute (ANSI) A300 standards and shall be supervised by an International Society of Arboricuiture (ISA) Certifier! Arborist. Pruning shall be carried out with the health and natural growth of plant materials in mind, to specific pruning heights maintaining clear visibility for motorists, and provide vertical clearance for pedestrian, bicyclist, and truck traffic where applicable. Visibility windows must be maintained free of view obstructions, and all trees and palms must be maintained to prevent potential roadway and pedestrian hazards, all palms are to be kept fruit free. The speck pruning heights are determined by understanding the designer's intent when selecting and placing the plants. The intended mature maintained height and spread of plants are noted on the plans (See Exhibit S.) and see Part If. Specific Requirements and Recommendations for guidelines. The understory plant materials selected for use within the restricted planting areas (Limits of Clear Sight) are to be maintained at a height in compliance with FDOT Desian Standards Index 546; Page 6 of 6, Window Detail. Vertical tree heights must meet FOOT Maintenance Rating Program (MRP) standards. STAKING AND GUYING All staking materials, except for replacements, are to be 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 FOOT 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 GLOWING: All grassed areas are to be mowed and trimmed with sufficient frequency to maintain a deep, healthy root system while providing a neat and clean appearance to the urban landscape. All turf efforts, mowing, curb/sidewalk edging and turf condition, must at a minimum, 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. Page 15 of 20 WEEDINGMERBICIDE All planting areas shall be maintained as weed free as practicable by enlisting integrated pest management practices in areas specified on the plans and maintaining proper mulch levels. Extreme care is recommended if using a chemical herbicide to avoid overspray onto plant materials. It is the applicator's responsibility to restore any damage; resulting from overspray to the plantings, per the approved pians. PLANT REPLACEMENT Plant replacement shall be the same species and specification as the approved plan. Move and replace all plant materials that may conflict with utility relocations and service. Only plants graded Florida #1 or tetter, per the Florida Department of Apiculture and Consumer Services, Grades and Standards for 11lursery Plants are permitted on FDOT roadways. Should it become necessary to change the species, a general use permit is required from FDOT for approval by the FDOT District Landscape Architect. HARDSCAPE (SPECIALTY SURFACING) All tree grates and specialty surfacing (if applicable) 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 small, at a minimum, meet the most current Interlocking Concrete Pavement Institute (ICP& Guide Specifications for Pagers on an Aggregate Base, Section 23 14 13 Interlocking Concrete Pavers, Part: 3.05. If the specialty surfacing or tree grates become damaged, they shall be replaced with the same type and specification as the approved plan. HARDSCAPE (NON-STANDARD) TRAYELWAY SURFACING It shall be the responsibility of the AGENCY to restore an unacceptable ride condition of the roadway, including asphalt pavement (if applicable), caused or contributed by the installation or failure of non-standard surfacing, and/or the header curb, on the Department of Transportation right-of-way within the limits of this Agreement. Pavement restoration areas or 'patches" will have a minimum length of 10 -ft, measured from the edge of the header curb, and a width to cover full lanes for each lane affected by the restoration. Pavement restoration will be performed in accordance with the most current edition of the FDOT Standard Specifications: for Road and Bridge Construction, and the FDOT Design Standards for Design, Construction, Maintenance and Utility Operations on the State Highway System. It shall be the responsibility of the AGENCY to maintain all signs located within a non- standard surfacing area. Such maintenance to be provided by the AGENCY shall include repair and replacement of the sign panel, post, and base. Page 16 of 20 HARDSCAPE (LANDSCAPE ACCENT LIGHTING) Landscape accent lighting shall be maintained in such a manner as to prolong the life of the lighting fixture and prevent potential safety hazards. If the lighting fixtures and their system become damaged, they shall be replaced with the same type and specification as the approved plan. Landscape lighting shall meet requirements for the sea turtle nesting and hatching. MAINTENANCE OF TRAFFIC CONTROL Reference the FDOT website regarding the selection of the proper traffic control requirements to be provided during routine maintenance and 1 or new installations of this DOT roadway. VEGETATION MANAGEMENT AT OUTDOOR ADVERTISING (ODA) To avoid conflicts with permitted outdoor advertising, please reference the State of Florida website regarding the vegetation management of outdoor advertising. This website provides a portal to search the FDOT Outdoor Advertising Inventory Management System Database. The database contains an inventory of outdoor advertising structures, permits and other related information maintained by the Department. Also, reference the Florida Highway Beautification Program website link for °llegetatmn Management at ODA signs" "Florida Statutes" and "Florida Administrative Code" related to vegetation management at outdoor advertising sign, permit applications for vegetation management and determining mitigation value of roadside vegetation. The only speck maintenance requirements for the planting design for this project, other than those outlined and specified in Part 1, are as follows: 1. The Pindo Palms, Windmill Palms, and Christmas Palms must be maintained to provide a minimum of 8' of clearance for sight visibility. All palm fronds hanging lower than 8' above the ground shall pruned immediately. 2. The Indian Hawthorn shall be maintained at a maximum height of 38" and the Dwarf Variegated Schefflers Trinette' shall be maintained at a maximum height of 42". 3. The 'Dean' Broreliads should not be pruned or trimmed back. They are located in areas that do not have sight distance astrictions, and therefore can be left natural. 4. The 'Orange Crush,' and `Fireball' Bromellads, 'Evergreen Giant' Liriope, Blanket Flower, Dune Sunflower, 'Parsons' Juniper and Purple Trailing Lantana are located within sight distance restrictions. The 'Orange Crush.' And 'Fireball' Bromeliads shall be maintained at a maximum height of 18". If an Individual plant does get too large then the whole plant shall be removed completely, not just trimmed back. The `Evergreen Giant' Lirlope and 'Parsons' Juniper shall be maintained at a maximum height of 1K The Blanket Flower, Dune Sunflower, and Purple Trailing Lantana shall be maintained at a maximum height of 15°. 5. The Podocarpus 'Pringles' and Dwarf Ilex 'Schillings'are located in areas that do not have sight distance restrictions, and therefore shall be maintained at a maximum height of 24" Page 17 of 20 REFERENCES This reference list is provided as a courtesy. The list may not contain the most current websites. The most current references must be accessed for up to date information. Accessible Sidewalk (ADA) htto://www.access-board.doy/ kideline"nd-standards/streets sidewalks Americans with Disabilities Act (ADA) (ADAAG) i�://www.ada.gov/2010ADAstandards index.htm American National Standard Institute, ANSI A300, (Part 1) for Tree Care Operations Trees, Shrub, and Other Woody Plant Maintenance -> Standard Practices (Pruning), available for purchase httP://webstore. ansi. org, Florida Department of Agriculture and Consumer Services, Division of Plant Industry_ Florida Grades and Standards for /Nursery Plants htt :/Avww.freshfromflorid .com/Divisions-Offices/Plant-Indus /Bureaus -an - Servi sffiureau-of-Plant-and A is -Ins coon/PI nt ins ection# ubs Florida Department of Community Affairs (DCA), Florida Board of Building Codes & Standards, 2010 Florida Building Code, Chapter 91 Florida Accessibility Code for Building Construction Part A Florida Department of Transportation, FDOT Design Standards four Design, Construction, Maintenance and Utility Operations on the Stare Highway System, Index 544 Landscape Installation hftg.-I/www.dot.state.fl.us/rddesion/D$/15/lDx/00§Ai.pdf Florida Department of Transportation, FDOT Deign Standards for Design, Construction, Maintenance and Utility Operations on the State Highway System, Index 546 Sight Distance at Intersections sfrddeai c nfQ s/`E5f DX-1J0a545,c Florida Department of Transportation, FDOT Design Standards for Design, Construction, Maintenance and Utility Operations on the State Highway System, Index 600 Traffic Control th. ugh Work Zones h -.1Y%vww.dot.stata.tl.uslyd est n/DS/15/1Dx 0050f3. di Florida Department of Transportation, FDOT design Standards for Design, Construction, Maintenance and Utility Operations on the State Highway System, Index 700 Roadside Offsets hfto://www.dot.state.tl.us/rddesi-qn/DS/15/lDxIO0700.v& Florida Department of Transportation, FDOT Plans Preparation Manual (PPM) Vol. 1 Chapter 2.11 Lateral Offset Page 18 of 20 Table 2.11. 5 Lateral Onset Clearance to Trees Table 2.11.11 Recoverable Terrain http://www.det-state.fl.usirddesign/PPMManual/2014PPM..shtm Florida Department of Transportation, FDOT Standard Specifications for Road and Bridge Construction, Section 580 Landscape Installation htto://www.dot.state.fl.usispecifiicationsof ice/Maintenangg/Ju]14/Files/SS580 0O doc IYti�s:!#i��.dct.staie.fl.us/ ,ecifi iorts�affi"Irrsolerv�entec,f�crdsl�ooksl�i�.�a�lorl��c�IS,2tal4rFll aa�SP5800000FA odf Florida Department of Transportation, Landscape Architecture Website www. MyFloridaBeautiful.com Florida Department of Transportation, Maintenance Rating Program Handbook htt ://www.dot.st e.fl.uWsta emainten nceoffio/MaintRatin Pr ram_shtm Florida Department of Transportation Outdoor Advertising Database htt :/Avovw2.dot.state.fl.us/righLofway/ Florida Exotic Pest Plant Council Invasive Plant Lists i ttg.,Ii ww.flerppc.orcg/lisUlist.htm Florida Irrigation Society http://www.fisstate.orc3 Florida Power and Light (FPL), Plant the Right Tree in the Right Place http:flwww.fjpl.com/reiidentiaf/trees/right tree right lace.shtmi A G:.,i, a to :;tads da Vagetkon [Vianagemant r987:!f&t.1'_3. t..t�s�Ffi tirVf�. 3�iiEi9CE'!t���°its.�F3?i`�rn'�J t ilral�`!'enF�£rti Interlocking Concrete Pavement Institute (ICPI) http:/lw.vw. icpi.orc�l International Society of Arboriculture (ISA) OF IFAS: Selecting Tropical and Subtropical Tree Species for Wind Resistance hfp://edis.ifas.ufl-edu/pdf iles/FR/FR17504.D& OF WAS, Fertilization of Field -grown and Landscape Palms in Florida U.S. Department of Transportation, Federal Highway Administration, Manual on Uniform Traffic Control Devices hfti3://www.mutcd.fttm.gotgoi,f m.got.goiE Page 19 Qf 20 SECTION No.. FN (s): Connected JPA No: COUNTY: S.R. Ido.: EXHIBIT D 89010 437223-1-74-01 INDIAN RIVEft 5 APPROXIMATE COST FOR LANDSCAPE IMPROVEMENTS This Exhibit forms an integral part of the DISTRICT FOUR (4) LANDSCAPE MAINTENANCE MEMORANDUM OF AGREEMENT between the State of Florida, Department of Transportation and the AGENCY Anticipated Terms of a Separate Agreement I. FDOT PARTICIPATION: $ 50,000.00 'iia Separate Agreement AGENCY PARTICIPATION: $ -49,560.00 II. APPROXIMATE LANDSCAPE IMPROVEMENT COST $ 79,560.00 Amounts are approximate Please see attached Page 20 of 20 COST ESTUATE: S.R. 5 (U.& 1) • Florida f hway 8sautlflcelbn Council Grant FPID # 437?23-1.74- M Dab: March 24, 2015 Total Cost 579,560 Description Unit Se.9 BOW Pindo Palm 12 o.a. ht., min. 8' c t 3 $800 $1.8m 2. Windmill Palm, Single 12 c.a. ht, min. 8' 0. 9 $550 $4,950 3. Christmas Palm, Single 12'-14' ma. ht, 8'9.w. ht 9 $400 $3,600 4. Foodall Palm, Single 18' - 20' o,& ht., 117 -17 g.w. ht 6 $450 $2,700 4. , D=Y Bromellad 3 gal., 30' ht. x 30'spr., 38' o.c. 3 $25 $75 5. 'Fireball' Bromeliad 1 gal.. 15' ht. x 12' spr.,18, a.c. 166 $10 $1,880 5. 'Ordngri Crush' Bromelled 1 gal., 15' ht x 12' spr.,18' o.c. 380 $10 $3,800 B. 'Pringles' Dwarf Pxbcaapus 3 gal., 12' ht. x 12'spr.,18' o.c. 28 $10 $280 7. 'Schillirgg Dwarf [lax 3 gal., 15' ht x 16' spr.,18' o.c. 38 $12 $a 8. 'Parsons' Juniper 3 gal.,12' ht, x i2' Mr., 181 o.d. 679 $10 $6,790 Q. Pink Indian Howlham 3 gal., 15' ht x 15' six., 24' o.c. 173 $10 $1,730 10. 'TrineW Dwarf Variegated Schelflera 3 gig., 18' ht. x 10' W., 24' o.c. 152 $8 $1,216 11. 'Evergreen Glint Lfrfop gad., 15' ht x 12' apr.,18' o.c. 402 $4 $1,808 12. market Flower 1 gal., 17 ht. x 12'W., 150 &c. 111 $4 $444 13. Dune Sunflower 1 gal.. 12' ht x 17 W., 15' D.C. 874 $4 $2,696 14. Purple Tradfing Lantana 1 gad., 10' ht. x 10' apr.,15' aa. 425 $4 $1,700 15. Sile Mobilization f General Requirernents Mobilizalion ! General Cmlifim 1 $5,000 $5,000 16. MOT Maintenance of Traffic 1 $6,000 $8,000 17. Ramovad of Existing Lgustrum Trees 4' - 7' d p. h. 8 $400 $3,2DO 18. Removal of EAsting Crape Myrd@Tmn V- 5' d.b.h. 16 $250 $4,000 19. Removal of Existing Shrubs & Ground Covers Remove & Dispose Exit. Shrubs (S.Y.) 235 515 $3,525 20. Removal of Fidsling Grass Spray and Remove Edsting Sod (S.Y.j 585 $3 $1,755 21. Bed Preparation 1 Pfantfng Solt Spread 80120 Mix - 2' Depth (C.Y.) 105 $30 $3,150 22. SprinMw Head Re0ar ante Repiace Feting Spdnfder Heads 117 $25 $2,925 23. Irlgaflor± Repalr31 Rom Broken Piping As Newt 1 $2,500 $2,500 24. 1 Year Waar ly and Maintenance of New Plants Per FDOT Specs. i Per Month 12 $1,W0 $12,000 Total Cost 579,560 RESOLUTION NO. R-14-19 A RESOLUTION OF THE CITY COUNCIL OF .THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO APPLY FOR AND ACCEPT A HIGHWAY BEAUTIFICATION GRANT, AND ENTER INTO A HIGHWAY BEAUTIFICATION COUNCIL GRANT, LANDSCAPE CONSTRUCTION, AND MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION; PROVIDING FOR EFFECTIVE DATE. WHEREAS, many roadside areas and median strips within Department of Transportation rights of way must be maintained and attractively landscaped; and WHEREAS, the City Council of the City of Sebastian wishes to beautify and improve various rights of way by landscaping within the City of Sebastian; and WHEREAS, the City Council of the City of Sebastian wishes to authorize the City Manager to apply for a Highway Beautification Council Grant from the Florida Department of Transportation, and if awarded, to accept the grant and enter into a Highway Beautification Grant, Landscape Construction, and Maintenance Memorandum of Agreement between the City of Sebastian and the Florida Department of Transportation. follows: NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Sebastian, as Section 1. The City Council of the City of Sebastian authorizes the City Manager to apply for a Highway Beautification Council Grant from the Florida Department of Transportation, and if awarded, to accept the grant and enter into a Highway Beautification Grant, Landscape Construction, and Maintenance Memorandum of Agreement between the City of Sebastian and the Florida Department of Transportation. Section 2. The City Clerk of the City of Sebastian is hereby directed to send copies of this signed Resolution to the Florida Department of Transportation and all other persons as directed by the City Council. Section 3. This Resolution shall take effect immediately upon its adoption. The foregoing Resolution was p sed for adoption by Council Member was seconded by Council Member &MfT and upon, being put to a vo the vote was as follows: Mayor Bob McPartlan lwv Vice Mayor Jim Hill Council Member Jerome Adams Council Member Andrea Coy Council Member Richard Gillmor The Mayor thereupon declared this Resolution duly passed and adopted this 10" day of September, 2014. ATTEST: Sally A. Maio MC - City Clerk Approved as to f=orm and Content for Reli ce by the City of Sebastian Only: Robert A. Ginsburg, Ci y Attorney CITY OF S ASTIANN, FL iDA By: d/ Bob McPartlan, Mayor