HomeMy Public PortalAboutState of FL - Dept. of Transportation - Land Maintenance Agreement 2019SECTION No.:
Permit No.:
COUNTY:
S.R. No.:
96060000
2018-L-496-014
Palm Beach
A1A
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
DISTRICT FOUR
LANDSCAPE MAINTENANCE MEMORANDUM OF AGREEMENT
THIS AGREEMENT, made and entered into this day of 20ZY,
by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, a
component agency of the State of Florida, hereinafter called the DEPARTMENT and the Town
of Gulf Stream, a municipal corporation, existing under the Laws of Florida, hereinafter called
the AGENCY.
WITNESSETH:
WHEREAS, the DEPARTMENT has jurisdiction over State Road A1A (Ocean Boulevard) as
part of the State Highway System as described in Exhibit "A"; and
WHEREAS, the AGENCY seeks to have installed by permit and maintain certain landscape
improvements within the right of way of State Road A1A (Ocean Boulevard) as described within
Exhibit "B"; and
WHEREAS, as part of the continual updating of the State of Florida Highway System, the
DEPARTMENT, for the purpose of safety, protection of the investment and other reasons, has
constructed and does maintain the highway facility as described in Exhibit "A" attached hereto
and incorporated by reference herein, within the corporate limits of the AGENCY; and
WHEREAS, the AGENCY is agreeable to maintaining those landscape improvements within
the AGENCY'S limits including plant materials, irrigation system and/or hardscape which 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
WHEREAS, the AGENCY by Resolution No. 19-0,, dated QVJI�20 / 9 ,
attached hereto and by this reference made a part hereof, desires to enter i o this Agreement
and authorizes its officers to do so; and
Page 1 of 18
NOW THEREFORE, for and in consideration of the mutual benefits to flow each to the other,
the parties covenant and agree as follows:
1. The recitals set forth above are true and correct and are deemed incorporated herein.
2. INSTALLATION OF FACILITIES
The AGENCY shall install and agrees to maintain the landscape improvements described
herein as: plant materials, irrigation and/or hardscape on the highway facilities substantially
as specified in plans and specifications hereinafter referred to as the Project (s) and
incorporated herein as Exhibit "B". Hardscape shall mean, but not be limited to any site
amenities such as landscape accent lighting, bike racks, fountain, tree grates, decorative
free standing wall, and/or 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 International Society of Arboriculture (ISA). All
plant materials installed shall be Florida #1 or better according to the most current
edition of Florida Department of Agriculture, Florida Grades and Standards for
Nursery Stock; and all trees shall meet Florida Power & Light, Right Tree, Right
Place, South Florida.
(b) Trees and palms within the right of way shall be installed and pruned to prevent
encroachment to roadways, lateral offsets 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 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 edition 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 as
much as possible. (See paragraph ( I ) for contact information)
(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 (m) below) and the AGENCY
shall be responsible for all associated fees for the installation and maintenance of
these utilities.
Page 2 of 18
(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 (ICP/).
(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, Traffic Control through
Work Zones.
(i) The most current edition of FDOT Design Standards, Index 546 (Sight Distance at
Intersections) must be adhered to.
Q) Lateral Offsets as specified in the FDOT Plans Preparation Manual, Volume 1,
Chapters 2 and 4 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 (Palm
Beach Operations, 7900 Forest Hill Blvd., West Palm Beach, FL 33413, (561) 432-
4966, a twenty-four (24) hour telephone number and the name of a responsible
person that the DEPARTMENT may contact. The AGENCY shall notify the local
maintenance office forty-eight (48) hours prior to the start of the landscape
improvements.
(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 PM), and the party performing such
work shall give notice to the local law enforcement agency within whose jurisdiction
such road is located prior to commencing work on the landscape improvements.
The DEPARTMENT'S Operation Center Public Information Officer (see telephone
number in Paragraph ( I ) 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
forth in FDOT'S Rule Chapter 14-40
Management, in the FDOT Guide to
Management System, and Exhibit "C",
activities for landscape improvements.
3. MAINTENANCE OF FACILITIES
level of maintenance guidelines as set
Highway Beautification and Landscape
Roadside Mowing and Maintenance
the Maintenance Plan for maintenance
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 regardless if the said
improvement was made by the DEPARTMENT, the AGENCY, or others authorized
Page 3 of 18
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 of non-standard travelway
surfacing (if applicable) on DEPARTMENT right of way within the limits of this
Agreement.
B. Such maintenance to be provided by the AGENCY is specifically set out as follows:
to maintain, which means to properly water and fertilize all 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 trees, palms, 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 (water/electricity) to the medians or areas
outside the travelway to maintain these improvements, all costs associated with the
utilities associated for the landscape improvements including any impact and/or
connection fees, and the on-going cost of utility usage for water and electrical, are
the maintaining AGENCY'S responsibility.
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.
Page 4 of 18
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 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:
(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 and remove, by
the DEPARTMENT or 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.
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.
6. FUTURE AGENCY IMPROVEMENTS
The AGENCY may construct additional landscape improvements within the limits of the
landscape improvements rights of ways identified as a result 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.
Page 5of18
(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. 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 (25) years.
(b) If the DEPARTMENT chooses to cancel the landscape improvements described in
Exhibit "B", this Agreement becomes void and the original Agreement is
reinstated, if any.
9. LIABILITY AND INSURANCE REQUIREMENTS
A. With respect to any of the AGENCY'S agents, consultants, sub -consultants,
contractors and/or sub -contractors, such party in any contract for the landscape
improvements shall agree to indemnify, defend, save and hold harmless the
DEPARTMENT from all claims, demands, liabilities, and suits of any nature arising
out of, because of or due to any intentional and/or negligent act or occurrence,
omission or commission of such agents, consultants, 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:
Page 6 of 18
(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 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 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.
(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.
10. E -VERIFY REQUIREMENTS
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.
11. SUPERSEDED AGREEMENTS
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 (except
Landscape Permit #2018-L-496-014).
12. FISCAL TERMS
The DEPARTMENT, during any fiscal year, shall not expend money, incur any liability, or
enter into any contract which, by its terms, involves the expenditure of money in excess of
the amounts budgeted as available for expenditure during such fiscal year. Any contract,
verbal or written, made in violation of this subsection is null and void, and no money will/may
be paid on such contract. The DEPARTMENT shall require a statement from the
Page 7of18
Comptroller of the DEPARTMENT that funds are available prior to entering into any such
contract or other binding commitment of funds. Nothing herein contained shall prevent the
making of contracts for periods exceeding one (1) year, but any contract so made shall be
executory only for the value 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.
13. 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.
14. 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.
15. 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.
16. NOTICES
Any and all notices given or required under this Agreement shall be in writing and either
personally delivered with receipt acknowledgement or sent by certified mail, return receipt
requested. All notices shall be sent to the following addresses:
If to the DEPARTMENT:
State of Florida Department of Transportation
3400 West Commercial Blvd.
Ft. Lauderdale, FL 33309-3421
Attention: FDOT District IV Landscape Architect
17. LIST OF EXHIBITS
If to the AGENCY:
Town of Gulf Stream
100 Sea Road
Town of Gulfstream, Florida
Attention: Town Manager
Exhibit A: Landscape Improvements Maintenance Boundaries
Exhibit B: Landscape Improvement Plans
Exhibit C: Maintenance Plan for Landscape Improvements
Page 8of18
IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective the day
and year first above written.
STATE OF FLORIDA
TOWN OF GULFSTREAM DEPARTMENT OF NSPORTATION
By: ` 'f''`_By:
Ch�rpson/M yofihll ager �``'' Tr ortation evelopment Director
fV/- lf�2z//q1
Attest: �' SEAL Attest:
jJ�1.( ) (SEAL)
Clerk Executive Secretary
Legal Review Date Legal Review Date
W/5-//7? /5-//7% �O / q
Office of the �'eneral Counsel
Page 9 of 18
SECTION No.:
Permit No.:
COUNTY:
S. R. No.:
EXHIBIT A
96060000
2018-L-496-014
Palm Beach
A1A
LANDSCAPE IMPROVEMENTS MAINTENANCE BOUNDARIES
I. LIMITS OF MAINTENANCE FOR LANDSCAPE IMPROVEMENTS:
State Road A1A (Ocean Boulevard) Little Club Road (M.P. 12.719) to County Road (M.P.
12.868)
II. LANDSCAPE IMPROVEMENTS MAINTENANCE RESPONSIBILITIES MAP:
Please see attached map
Page 10 of 18
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SECTION No.:
96060000
Permit No.:
2018-L-496-014
COUNTY:
Palm Beach
S.R. No.:
A1A
EXHIBIT B
LANDSCAPE IMPROVEMENT PLANS
The AGENCY agrees to install the landscape improvements in accordance with the plans
and specifications attached hereto and incorporated herein.
Please see attached plans prepared by: Dave Bodker, RLA
Dave Bodker Landscape Architecture Planning Inc.
Date: November 15, 2018
Page 11 of 18
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SECTION No.:
Permit No.:
COUNTY:
S.R. No.:
EXHIBIT C
96060000
2018-L-496-014
Palm Beach
AIA
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
&\Transportation Development\Design\In-House Design\Landscape Arch itecture\AGREE MENTS\1 MOA\TOWN OF
GULFSTREAWGulfStream_SR A1A_18-L-496-014(-7-19).docx
Page 12 of 18
SECTION No.:
Permit No.:
COUNTY:
S.R. No.:
EXHIBIT C
96060000
2018-L-496-014
Palm Beach
A1A
MAINTENANCE PLAN FOR LANDSCAPE IMPROVEMENTS
This Exhibit forms an integral part of the DISTRICT FOUR (4) LANDSCAPE
MAINTENANCE MEMORANDUM OF AGREEMENT between the State of Florida,
Department of Transportation and the AGENCY.
Please see attached
Page 12 of 18
MAINTENANCE PLAN
Landscape Improvements
Project State Road No: A1A (Ocean Boulevard) from Little Club Road (M.P. 12.79) to
County Road (M.P. 12.686)
Permit: 2018-L-496-014
Maintaining Agency: Town of Gulfstream
RLA of Record: Dave Bodker
Date: November 15, 2018
I. GENERAL MAINTENANCE REQUIREMENTS AND RECOMMENDATIONS:
The purpose of a plan for the landscape improvements maintenance practices is to allow the
plant material on your project to thrive in a safe and vigorous manner while fulfilling their
intended purpose and conserving our natural resources. Plantings and all other landscape
improvements shall be maintained to avoid potential roadway hazards and to provide required
clear visibility, accessibility, clearance, and setbacks as set forth by Florida Department of
Transportation (FDOT) governing standards and specifications: FDOT Design Standards, FDOT
Plans Preparation Manual Vol. 1, Chapter 2.11 and FDOT Standard Specifications for Road and
Bridge Construction, as amended by contract documents, and all other requirements set forth
by the District 4 Operations Maintenance Engineer. The initial portion of the Maintenance Plan
describes general maintenance requirements and recommendations. The concluding section
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.
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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. Please be alert to changes in
fertilization types per University of Florida, Institute of Food and Agricultural Services (I.F.A.S.)
recommendations. 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 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.
PRUNING
All pruning, and the associated safety criteria, shall be performed according to American
National Standard Institute (ANSI) A300 standards and shall be supervised by an International
Society of Arboriculture (ISA) Certified Arborist. Pruning shall be carried out with the health and
natural growth of plant materials in mind, 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 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 are noted on the plans (See Exhibit B.) and see Part II., Specific Project
Site Maintenance Requirements and Recommendations as guidance. The understory plant
materials selected for use within the restricted planting areas (Limits of Clear Sight) are to be
mature height in compliance with Window Detail. Vertical tree heights must meet FDOT
Maintenance Rating Program (MRP) standards. See Reference pages.
STAKING AND GUYING
All staking materials, except for replacements, are to be removed by the completion of FDOT
establishment or after one year (whichever comes first). Any subsequent staking and guying
activities by the Agency must adhere to FDOT Design Standards guidelines (See Index 544).
The Agency shall closely monitor staking and guying attachment materials so that they are
securely fastened to avoid potential roadway hazards.
TURF MOWING:
All grassed areas are to be mowed and trimmed with sufficient frequency to maintain a deep,
healthy root system while providing a neat and clean appearance to the urban landscape. All
turf efforts, mowing, curb/sidewalk edging and turf condition, must 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.
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WEEDING/HERBICIDE
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 when 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 plans.
PLANT REPLACEMENT
Plant replacement shall be the same species and specification as the approved plan. Move and
replace all plant materials that may conflict with utility relocations and service. Only plants
graded Florida #1 or better, per the Florida Department of Agriculture and Consumer Services,
Grades and Standards for Nursery Plants are permitted on FDOT roadways. Should it become
necessary to change the species, a 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 surfacing and tree grates.
Final surface tolerance from grade elevations shall, at a minimum, meet the most current FDOT
Maintenance Rating Program Handbook Pages 43-47; ADA accessible sidewalk; and FDOT
Design Standards for Design, Construction, Maintenance and Utility Operations on The State
Highway System. If the specialty surfacing or tree grates become damaged, they shall be
replaced with the same type and specification as the approved plan.
HARDSCAPE (CONCRETE PAVERS)
All tree grates and concrete pavers (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 shall, at a minimum, meet the most current Interlocking
Concrete Pavement Institute (ICP/), Guide Specifications for Pavers 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.
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.
HARDSCAPE (NON-STANDARD) TRAVELWAY SURFACING
It shall be the responsibility of the AGENCY to restore an unacceptable ride condition of the
roadway, including asphalt pavement (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.
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HARDSCAPE (LANDSCAPE ACCENT LIGHTING)
(IF APPLICABLE)
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 / or new installations of this DOT roadway.
VEGETATION MANAGEMENT AT OUTDOOR ADVERTISING (ODA)
(IF APPLICABLE)
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 Vegetation
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.
II. SPECIFIC PROJECT SITE MAINTENANCE REQUIREMENTS AND RECOMMENDATIONS
It is the Landscape Architect's intent to soften the appearance of the FP&L power poles with
planting.
On the Christmas Palms, any trunks or stems that "sucker" up from the root ball are to be
removed so that the palm only has three (3) main trunks with 8' clear trunk.
The Green Island is to be maintained at a maximum height of 18". Pruning or shearing is to
be done as required.
The Dwarf Fakahatachee Grass is to be maintained at a maximum height of 18". Pruning or
shearing is to be done as required.
Sod is to be mown as required for 3' height.
All planting beds to be mulched with 3' layer of `flora -mulch' and remulched as required to
maintain 3' mulch layer
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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)
http://www.access-board.gov/quidelines-and-standards/streets-sidewalks
Americans with Disabilities Act (ADA) (ADAAG)
htto://www.ada.aov/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: //we bsto re . a n s i . o rg
Florida Department of Agriculture and Consumer Services, Division of Plant Industry, Florida
Grades and Standards for Nursery Plants 2015
http://www.freshfromflorida.com/Divisions-Offices/Plant-Industry/Bureaus-and-Services/Bureau-
of-Plant-and-Apiary-Inspection
Florida Department of Community Affairs (DCA), Florida Board of Building Codes & Standards,
2017 Florida Building Code, Chapter 11 Florida Accessibility Code for Building Construction
Part A
htta://www2.iccsafe.ora/states/florida codes/
Florida Department of Transportation, Program Management, Maintenance Specifications
Workbook Supplemental Specifications, Section 580 Landscape Installation
http://www.fdot.gov/program management/Maintenance/2018Jan/defauIt. shtm
Florida Department of Transportation, FDOT Standard Plans for Design, Construction,
Maintenance and Utility Operations on the State Highway System, Index 580-001 Landscape
Installation
http://www.fdot.gov/design/standardplans/current/lDx/580-001.pdf
Florida Department of Transportation, FDOT Design Manual for Design, Construction,
Maintenance and Utility Operations on the State Highway System, Chapter 212.11 Clear Sight
Triangles
http://www.fdot.gov/roadway/FDM/current/2018FDM212intersections.pdf
Florida Department of Transportation, FDOT Design Manual for Design, Construction,
Maintenance and Utility Operations on the State Highway System, Chapter 215.2.3 Clear Zone
Criteria and 215.2.4 Lateral Offset
Table 215.2.1 Clear Zone Width Requirements
Table 215.2.2 Lateral Offset Criteria (for Trees)
http://www.fdot.gov/roadway/FDM/current/2018FDM215RoadsideSafety. pdf
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Florida Department of Transportation, FDOT Standard Plans for Design, Construction,
Maintenance and Utility Operations on the State Highway System, Index Series 102-600 Traffic
Control through Work Zones
http://www.fdot.gov/design/standardplans/current/lDx/l 02-600.pd
Department of Transportation, Landscape Architecture Website
www. MvFloridaBeautiful.com
Florida Department of Transportation, Maintenance Rating Program Handbook
http://www.dot.state.fl.us/statemaintenanceoffice/MaintRatingProgram.shtm
Florida Department of Transportation Outdoor Advertising Database
htto://www2.dot.state.fl.us/riahtofwav/
Florida Exotic Pest Plant Council Invasive Plant Lists
http://www.fleppc.org/list/list.htm
Florida Irrigation Society
http://www.fisstate.org
Florida Power and Light (FPL), Plant the Right Tree in the Right Place
http://www.fpl.com/residential/trees/right tree right place.shtml
Page 18 of 18
RESOLUTION NO. 19-02
A RESOLUTION OF THE TOWN COMMISSION OF THE
TOWN OF GULF STREAM, PALM BEACH COUNTY,
FLORIDA, AUTHORIZING THE MAYOR AND STAFF FOR
THE TOWN OF GULF STREAM TO ENTER INTO A
LANDSCAPE MAINTENANCE MEMORANDUM OF
AGREEMENT WITH THE FLORIDA DEPARTMENT OF
TRANSPORTATION; PROVIDING AN EFFECTIVE DATE.
WHEREAS, many roadside areas and median strips within the Florida Department of
Transportation rights of way are attractively landscaped and maintained; and
WHEREAS, the Town of Gulf Stream seeks to further beautify the Town by landscaping the
Florida Department of Transportation right of way at the northernmost point of Town; and
WHEREAS, the Gulf Stream Town Commission wishes to authorize Mayor Scott W. Morgan to
enter into a Landscape Maintenance Memorandum of Agreement between the Town of Gulf
Stream and the Florida Department of Transportation.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COMMISSION OF THE TOWN OF
GULF STREAM, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:
Section 1. The Gulf Stream Town Commission hereby authorizes its Mayor and staff to enter
into the State of Florida Department of Transportation District Four Landscape Maintenance
Memorandum of Agreement between the Town of Gulf Stream and the Florida Department of
Transportation, attached hereto as "Exhibit A."
Section 2. The Town Clerk of the Town of Gulf Stream is hereby directed to send copies of this
Resolution and an executed Landscape Maintenance Memorandum of Agreement to the Florida
Department of Transportation.
Section 3. This Resolution shall become effective immediately upon its passage and adoption.
PASSED AND ADOPTED in a regular session assembled this L day of t-,'
2019.
TOWN OF GULF STREAM
t1-4
SSIONER
COMMISSI ER
O ISSIO R
ATTEST: 2'.�-- —
TOWN CLERK