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R24-064 1 RESOLUTION NO. R24-064 2 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,APPROVING 3 AND AUTHORIZING THE CITY MANAGER TO SIGN THE LANDSCAPE 4 MAINTENANCE MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF 5 BOYNTON BEACH AND THE STATE OF FLORIDA DEPARTMENT OF 6 TRANSPORTATION FOR THE MAINTENANCE OF THE NEW LANDSCAPE 7 MEDIAN DUE TO THE PROPOSED PEDESTRIAN CROSSWALK BETWEEN 8 THE BOYNTON BEACH SENIOR CENTER AND THE WOMEN'S CLUB; 9 PROVIDING AN EFFECTIVE DATE;AND FOR ALL OTHER PURPOSES. 10 WHEREAS, the City of Boynton Beach maintains the existing landscape median on 11 Federal Highway located between the Boynton Beach Senior Center and the Women's Club, 12 where there is no safe way for pedestrians to cross Federal Highway to get from one 13 building/parking lot to the other; and 14 WHEREAS, the City has a project to build a signalized pedestrian crosswalk between 15 the buildings to provide increased safety; and 16 WHEREAS, the proposed crosswalk will expand the existing landscape median due to 17 an existing left turn lane on south-bound Federal Highway being removed; and 18 WHEREAS, the new landscape median will have improved public pedestrian safety and 19 landscaping; and 20 WHEREAS, this expanded landscape median requires a new Maintenance 21 Memorandum of Agreement ("MMOA") from the Florida Department of Transportation 22 ("FDOT") to be created and approved; and 23 WHEREAS,the City Commission of the City of Boynton Beach, Florida, upon the 24 recommendation of staff, deems it to be in the best interests of the City residents to approve 25 and authorize the City Manager to sign the MMOA between the City and FDOT for the 26 maintenance of the new landscape median due to the proposed pedestrian crosswalk between 27 the Boynton Beach Senior Center and the Women's Club. 28 29 30 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 31 BOYNTON BEACH, FLORIDA, THAT: 32 SECTION 1. Each Whereas clause set forth above is true and correct and 33 incorporated herein by this reference. 34 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 35 approve the Maintenance Memorandum of Agreement between the City and the Florida 36 Department of Transportation for the maintenance of the new landscape median due to the 37 proposed pedestrian crosswalk between the Boynton Beach Senior Center and the Women's 38 Club, in form and substance similar to that attached as "Exhibit A." 39 SECTION 3. The City Manager is authorized to execute the Agreement and any minor 40 amendments or other documents necessary to complete the work, provided there is no fiscal 41 impact, and the City Attorney's office approves such documents for legal sufficiency. 42 SECTION 4. Upon the City Manager's execution of the Agreement, it shall be 43 forwarded to Moisey Abdurakhmanov, Engineer, to obtain execution by FDOT. Moisey 44 Abdurakhmanov, Engineer, shall be responsible for ensuring that one fully executed original of 45 the Agreement is provided to the City Clerk's office for retention as a public record of the City. 46 SECTION 5. This Resolution shall take effect as provided by law. 47 48 49 50 51 [signatures on following page] 52 53 54 55 56 PASSED AND ADOPTED this 2nd day of April 2024. 57 CITY OF BOYNTON BEACH, FLORIDA 58 59 YES NO 60 61 Mayor—Ty Penserga 62 63 Vice Mayor—Aimee Kelley // 64 Commissioner—Angela Cruz v 65 Commissioner—Woodrow L. Hay / 66 Commissioner—Thomas Turkin ✓ 67 VOTE SID 68 69 70 AT 71 / 72 EI. !AM 73 Mayle . i- esus, MP MMC - A:-- ga 74 City Cle . =NSON e,.‘\ M:?"r y .•....., F 1 75 ;<b.ORATE •..C' II_ 76 ,O4;lo% ;y its APPROVED AS TO ORM' 77 (Corporate Seal) ;>-; $ RP���: ; G1rrJ• 40,1iN 78 �1„v 0 A0 .. i 79 '� 1.--' �.��Q. ; Shawna G. Lamb 80 'tx R-0`.--- City Attorney 81 "' DocuSign Envelope ID: F907A53B-F3F2-41DC-8534-617DF8AC1471 SECTION: 93010000 PERMIT: 2023-L-496-00010 COUNTY: Palm Beach STATE RD: 5 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION DISTRICT FOUR LANDSCAPE MAINTENANCE MEMORANDUM OF AGREEMENT THIS AGREEMENT, made and entered into this 7th day of May 2024, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, a component agency of the State of Florida, hereinafter called the DEPARTMENT and the CITY OF BOYNTON BEACH, a municipal corporation, existing under the Laws of Florida, hereinafter called the AGENCY. WITNESSETH: WHEREAS, the DEPARTMENT has jurisdiction over SR5 (US1/Federal Hwy) as part of the State Highway System; and WHEREAS, as part of the continual updating of the State of Florida Highway System, the DEPARTMENT, for the purpose of safety, protection of the investment and other reasons, has constructed and does maintain the highway facility as described in Exhibit "A", within the corporate limits of the AGENCY; and WHEREAS, the DEPARTMENT and the AGENCY signed a Joint Participation Agreement on October 22, 1996, whereby the AGENCY agreed to maintain pavers, landscape, and irrigation improvements on SR5 (US1/Federal Hwy) in the rights of way of the AGENCY'S jurisdictional limits; and WHEREAS, the AGENCY seeks to install by permit and maintain certain additional landscape improvements in the right of way of SR5 (US1/Federal Hwy) as described within Exhibit "B"; 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 traveled way and improvements made to the traveled way 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 S:\Transportation Development\Design\In-House Design\Landscape Architecture\2-MMOAs\Boynton Beach\2023-L-496-10_Senior Center Crossing\Boynton Senior Center MMOA(final).docx MMOA Page 1 of 28 DocuSign Envelope ID:F907A53B-F3F2-41DC-8534-617DF8AC1471 WHEREAS, the AGENCY, by Resolution No. R24-064 , dated April 2 , 20 24 , attached hereto as Exhibit "D" and by this reference made a part hereof, desires to enter into this Agreement and authorizes its officers to do so. NOW THEREFORE, for and in consideration of the mutual benefits to flow each to the other, the parties covenant and agree as follows: 1. The 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, fountains, tree grates, decorative free-standing walls, 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 ( I ) below) and the AGENCY S:\Transportation Development\Design\In-House Design\Landscape Architecture\2-MMOAs\Boynton Beach\2023-L-496-10_Senior Center Crossing\Boynton Senior Center MMOA(final).docx MMOA Page 2 of 28 DocuSign Envelope ID:F907A53B-F3F2-41DC-8534-617DF8AC1471 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 (ICPI). (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 Standard Plans for Road Construction, 102-XXX series, Maintenance of Traffic. (i) The most current edition of FDOT Design Manual, Section 212.11 and Exhibits 212.4 through 212.7 regarding clear sight triangles at intersections must be adhered to. (j) Clear Zone Lateral Offset and as specified in the FDOT Design Manual, Chapter 215 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.) (I) The AGENCY shall provide the local FDOT Operation Center located at Palm Beach Operations, 7900 Forest Hill Boulevard, 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 for ensuring no impacts to utilities will occur within the landscape improvement limits before construction commences. (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", the Maintenance Plan for maintenance activities for landscape improvements. 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 traveled way shall be maintained by the AGENCY regardless if the said improvement was made by the DEPARTMENT, the AGENCY, or others authorized pursuant to S:\Transportation Development\Design\ln-House Design\Landscape Architecture\2-MMOAs\Boynton Beach\2023-L-496-10_Senior Center Crossing\Boynton Senior Center MMOA(final).docx MMOA Page 3 of 28 DocuSign Envelope ID: F907A53B-F3F2-41DC-8534-617DF8AC1471 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 traveled way to the right of way and/or areas within the traveled way 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 traveled way 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 traveled way 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. S:\Transportation Development\Design\In-House Design\Landscape Architecture\2-MMOAs\Boynton Beach\2023-L-496-10_Senior Center Crossing\Boynton Senior Center MMOA(final).docx MMOA Page 4 of 28 DocuSign Envelope ID:F907A53B-F3F2-41DC-8534-617DF8AC1471 4. DEPARTMENT ACCESS TO FACILITIES The DEPARTMENT will periodically need access to various features within the limits of this agreement. Upon request of the DEPARTMENT, the AGENCY will have 14 calendar days to provide access to the items noted by the DEPARTMENT. This may require temporary or permanent removal of improvements such as hardscape, landscape or other items conflicting with the items to which the Department needs access. Should the AGENCY fail to remove or relocate items as requested, the Department may: (a) Remove conflicting improvements or any portion thereof. (b) Restore the area with any material meeting Department standards. (c) Restore the improvements at the request and funding of the AGENCY. 5. NOTICE OF MAINTENANCE DEFICIENCIES 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: (a) Maintain the landscape improvements or any part thereof, with the DEPARTMENT or Contractor's personnel and invoice the AGENCY for expenses incurred; and/or (b) 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, 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. 6. 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 AGENCY'S responsibility. S:\Transportation Development\Design\In-House Design\Landscape Architecture\2-MMOAs\Boynton Beach\2023-L-496-10_Senior Center Crossing\Boynton Senior Center MMOA(final).docx MMOA Page 5 of 28 DocuSign Envelope ID:F907A53B-F3F2-41DC-8534-617DF8AC1471 7. 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. (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. 8. 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. 9. AGREEMENT TERMINATION In addition to those conditions otherwise contained herein, this Agreement may be terminated under any one (1) of the following conditions: (a) By the DEPARTMENT, if the AGENCY fails to perform its duties under this Agreement, 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 and shall S:\Transportation Development\Design\ln-House Design\Landscape Architecture\2-MMOAs\Boynton Beach\2023-L-496-10_Senior Center Crossing\Boynton Senior Center MMOA(final).docx MMOA Page 6 of 28 DocuSign Envelope ID:F907A53B-F3F2-41DC-8534-617DF8AC1471 remain in effect as long as the improvements shall exist, or until this Agreement is terminated by either party in accordance with Paragraph 9. (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. 11. 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 the DEPARTMENT with 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 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 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-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 S:\Transportation Development\Design\ln-House Design\Landscape Architecture\2-MMOAs\Boynton Beach\2023-L-496-10_Senior Center Crossing\Boynton Senior Center MMOA(final).docx MMOA Page 7 of 28 DocuSign Envelope ID: F907A53B-F3F2-41DC-8534-617DF8AC1471 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. 13. 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. 14. 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 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. 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. 16. 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 jurisdictional venue. The DEPARTMENT shall determine the forum and venue in which any dispute under this Agreement is decided. S.\Transportation Development\Design\In-House Design\Landscape Architecture\2-MMOAs\Boynton Beach\2023-L-496-10_Senior Center Crossing\Boynton Senior Center MMOA(final).docx MMOA Page 8 of 28 DocuSign Envelope ID:F907A53B-F3F2-41DC-8534-617DF8AC1471 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: Florida Dept. of Transportation City of Boynton Beach 3400 West Commercial Blvd. 100 East Ocean Avenue Ft. Lauderdale, FL 33309-3421 Boynton Beach, FL 33435 Attn: Kaylee Kildare Attn: Craig Pinder District IV Landscape Manager Title: City Planner 19. LIST OF EXHIBITS Exhibit A: Landscape Improvements Maintenance Boundaries Exhibit B: Landscape Improvement Plans Exhibit C: Maintenance Plan for Landscape Improvements Exhibit D: Resolution S:\Transportation Development\Design\In-House Design\Landscape Architecture\2-MMOAs\Boynton Beach\2023-L-496-10_Senior Center Crossing\Boynton Senior Center MMOA(final).docx MMOA Page 9 of 28 DocuSign Envelope ID: F907A53B-F3F2-41DC-8534-617DF8AC1471 IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective the day and year first written above. CITY OF BOYNTON BEACH 1 By: -J - AI/ Date: 9 4 a-0 aq `C ai person/Mayor- y�tz`=',' le A ,-- Atte $..T1.o i (SEAL) ___ ar �:GORPOR,gT�...�,,, MI6 SEAL '•,_' Legal Approval: � 41INCORPORATED. 1920 ;: • l``sFLORID_ �..... STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: [DocuSigned by: 3 Date: 05/07/2024 18:24 PM EDT TranspoJrtatnn Development Director p—DocuSigned by: 4,1i e 1/t,e,--t Attest: ._,,Ab,go A,0, (SEAL) Executive Secretary DocuSigned by: FM/ail/U. Sfu,(.t+,at4, Legal Review: 43DE66830361464.. Office of the District General Counsel S:\Transportation Development\Designlln-House Design\Landscape Architecture12 MMOAs\Boynton Beach12023-L-496-10_Senior Center Crossing\Boynton Senior Center MMOA(final).docx MMOA Page 10 of 28 DocuSign Envelope ID:F907A53B-F3F2-41DC-8534-617DF8AC1471 SECTION: 93010000 PERMIT: 2023-L-496-00010 COUNTY: Palm Beach STATE RD: 5 EXHIBIT A LANDSCAPE IMPROVEMENTS MAINTENANCE BOUNDARIES I. LIMITS OF MAINTENANCE FOR LANDSCAPE IMPROVEMENTS: State Road 5 / Federal Highway / US Highway 1 from M.P. 13.662 to M.P. 13.719 II. LANDSCAPE IMPROVEMENTS MAINTENANCE BOUNDARIES: See attached map. S:\Transportation Development\Design\In-House Design\Landscape Architecture\2-MMOAs\Boynton Beach\2023-L-496-10_Senior Center Crossing\Boynton Senior Center MMOA(final).docx MMOA Page 11 of 28 DocuSign Envelope ID.F9070530-F3F2A101' •1e17DF8AG1471 ENO PROJECT `\ I MP iJ.l i9 • l EXISTING LANDSCAPE CURRENTLY BEING /I MAINTAINED BY THE 0 ...1.0 AO r\\v CITY OE BOYNTON BEACH 1y F Feet i 5.;;;',',. '6— Ei-- b /11 1 W;',',:'1 ,JB ly if PROPOSED :� l:e ��((��,, THE C 0E MAINTENANCE BY LANDSCAPE AND \\?�\ /A M.iNC CITY or BOYNTON BEACH IRRIGATION I ,+ WORK IN ��k5" �% MEDON ONLY \s\\ /p. i \ki'kkkkI] PROPOSED illi.iiii CROSSWALK • 0 PROPOSEDCAPE 1 LANDSCAPE AND ; k'" c„ IRRIGATION ,., RRh ��L. WORK IN � ` At\\� - MEGAN ONLY A D �, 1 kk <"_: _— . P V84 '1 IASAS r t�N` f` LIMITS OF MAINTENANCE BI' LT SE ION STREET \\? ' INC CITY Of BOYNTON BEACH — BCC ` EGIN.BB ::: T PRCUEC � K.. , w.n,v � ' FI NOTE DESIGN SPEED 40 MPH PERMIT # 2023 L 496-00010 A EMILY.< .- • < OFSCR IIIION )GANG GEMIOLE NOILOWAY�O'MANOMEY 0681 9TATSOFPIAMIDA LANDSCAPE PLAN IMPROVEMENT A DEPARTMENT OF TRANSPORTATION SNEET - '90]COMMERCE LANE./101 NO cwA]Y IIRAe<IM IROMIT. MAINTENANCE BOUNDARY MAP G a (ITER.FL 331SII CERT.OF AUTH LC0000111 SAS PALM BEACH CITY OF BOYNTON BEACH81 MMDA Dye 120124 DocuSign Envelope ID: F907A53B-F3F2-41DC-8534-617DF8AC1471 SECTION: 93010000 PERMIT: 2023-L-496-00010 COUNTY: Palm Beach STATE RD: 5 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: George G. Gentile, RLA 2GHO Date: December 19, 2023 S:\Transportation Development\Design\In-House Design\Landscape Architecture\2-MMOAs\Boynton Beach\2023-L-496-10_Senior Center Crossing\Boynton Senior Center MMOA(final).docx MMOA Page 13 of 28 DocuSign Envelope ID'.FBO7ANAB-F3F2-41DC6634617DFNAC14T1 COUNTY OF PALM BEACH STATE OF FLORIDA LANDS CAPE PLANS qrIll BOYNTON BEACH SENIOR CENTER „..„.2':"...r.,,,,. A`i* INDEX OF LANDSCAPE PLANS ���� A \,rWs„K SHEET NO. SHEET DESCRIPTION PEDESTRIAN CROSSING AT US-I 0l2 KEYTABSHEET of QUANTITIES PB.C. INTERSECTION•XXXXX �'1; '.w^mow<^ 111.3 LANDSCAPE PLAN �� CD-4 IRRIGATION PLAN PALM BEACH COUNTY 93010 --Co,1144P.1�'� ad STATE ROAD NO. 5 (U.S. 1) ,,,,,,,........?),,e,,,,,,_,mow LOCATION OF PROJECT ,,,,,,;,I REVISED PER COMMENTS 7.6.23 \k PROJECT LOCATION a ' BEGIN PROJECT MP 13.662 •.,..n END PROJECT MP 13.719 LANDSCAPE PLANS LANDSCAPE ARCHITECT OF RECORD: j • GEORGE G.GENTILE.FASLA PLA '—'1-'''91 • L. �•.ALS FLORIDA LAP 0000530 ,...p p GENTILE HOLLOWAY ONA0ONEY 1901 COMMERCE LANE.0101 El STANDARDS AND SPECIFICATIONS ' JUPITER.FL 33158 w I CONTRACT NO.:CBUB4 M FLORIDA DEPARTMENT OF TRANSPORTATION,STANDARD PLANS _ _ VENDOR NO.:0110151) LATEST EDITION AND STANDARD SPECIFICATIONS FOR ROAD - • P /-- CERTIFICATE OF AUTHORIZATION NO.LC000I11AND BRIDGE CONSTRUCTION LATEST EDITION.FEBRUARY 2021 ..” F p� I F. 6PALM BEACH COUNTY TYPIC4LS FOR PAVEMENT MARKINGS, -SIGNING,AND GEOMETRICS.2022 PALM BEACH COUNTYTRAFFIC SIGNALI STALUTON STANDARDS AND DETAILS.As ^.�:p ` - \ of II 4, THIS ITEM HAS BEEN DIGITALLY AMENDED BY CONTRACT DOCUMENTS. O..e - P"T, 11`04DSCAp SIGNED AND SEALED BY: MAINTENANCE OF TRAFFIC ,e- „ '•L 1 AMr MnP �� .w LS IA 0000610 fm If.-..1% ON THE DATE ADJACENT TO THE SEAL "-y�w�I \ Y. Z STATE * \ PRINTED COPIES OF ANIS DOCUMENT ARF FOR INDEX/'5 USE F.00.T.STANDARD PUNS s 9=7.,,4.* \ fig: STOAFTE -',$ NOT CONSIDERED SIGNED AND SEALED 102-600,601,602,603,604,613,616,660&661 - ^fi!,-r 9 =* * ,\ AND THE SIGNATURE MUST BE VERIFIED t'T �` �C` s ON ANY ELECTRONIC COPIES I S-.°R,'4E E'' GENTILE HOLLOWAY OMAHONEY ?f 1001 COMMERCE LANE.0101 APPLICABLE DESIGN STANDARDS REVISIONS ,,_,,,i,,,..„. ..hh�- _ Y• �l JUPITER,FL 33ASB For Design SttondRN*Modifications click on - r^ I CERTIFICATE OF AUTHORIZATION NO.LC000111 t dlii GEORGE G.GENTILE.LA.NO.0000530 d 'Design Standards-of the following web site: l , https://www.fdot.gov/devign/etRndRYdplans/curTen[ THE FOLLOWINGABOVE NAMED LANDSCAPE ACCORDANCEARCHWITHTECT SHALL BE RH on.F.A.C.LE FOR THE LOCATION MAP SHEETS IN WITH RULE RIGID-mon.F NOT To SLUE SHEET NO. SHEET DESCRIPTION SEC.28,TWP.45S.,RGE.43E. CD-1 KEY SHEET US-1=35 M.P.H.POSTED SPEED LIMIT LD-2 TABULATION of OUANTITIES 141 US-1=40 M.P.H.DESIGN SPEED LIMIT 00.3 IRNOAION PLAN LD. IRRIGATION PLANFISCAL SHEET YEAR NO. '_ PERMIT # 2023 L 496-00010 23 LD-1 ,u,r., ,onr, 1,,.f1 ,r.r, MMOA Pegs 14 o126 Dee!`n Ennbp ID.F907M116F3F2J1DDl0.96d170FMG1471 TuwT1w 101 LuosCUE uEAn1T1Es cotAk .Ex = LD a 'Lor 10. NMI; sn „AM 11x1.LAx•1n.L nAx MAL va 1 LI L.aE..TR0 x1.1.1010..CRAB[WRIT. iiaDi rrui.1 latae LL x 1a 1x.� I NOTE'. DESIGN SPEED 40 MPH • HER KAT!COI SLEEVE 111/0.11.1 SPRAT BUBBLERS FDOT Notes GENERAL NOTES IRRIGATION NOTES PERMIT # 2023 L 496-00010 DATE DES01,10h MY O.Tf OFSCaIFTION EMILY°MAHONEY,;ASIA LA0000684 STATE OF FLORIDA SM[f. IGMO-GENTILE NOLLOWAY OMAHONEY DEP.5RTMEN7 OF TIZANSPOR TA TIrL, NO 1901 COMMERCE LANE.s 10I Ro.0 no [aux.. YAn.nC1u aEL,EC.10 FITER.FL 33.5H TABULATION OP QUANTITIES CERT.OF RUTH L00000111 5R 5 PALM BEACH ID I MMOAfaye 15°126 Doc Spn Enwbp6 ID:F607A5313-F3F3-41DCKE W617OFMC/471 1 raw....-r...r 1 Aowl S.OA E... END PROJECT s� P..R.M.w Nr.r. _ _ MM tJ71$ id EXISTING F Err P I:kCR I.S E g � LANDSCAPE TO .�.,..r..M Instant /n�L EV REMAIN. TSP. rte ► I TREE PROTECTION BARRIER- _ !f ` INSTALLED DIllON THE FOOT R.O.W.PER STANDARD PLANS F a.w rF.a. rroTa► I I INDEX 1I0-I00 TREE 0 ro 10 1. -L , INDEX PROTECTION AND E® / \ — eet - .'/X PRESERVATION F`�,z,l,e' DIIII.oG.GLEAM-1Oli _1 �N /al .,w u r '/�. r• eD=J55'PER FAV • I 6 I ... `� _ �,,,Er. _. 212.TABLE 212.11 r I Exls w. , :.. DESIGN SPEED } IA ....n W',MCAT • 1 6 ..meta - r.R..r MULCH. EYP. l* I•• LANDSCAPE LEGEND ELEVATION AI ® I� PJIM I -' ,I'I•(1 ;1 I RE-ROYAL PALM 4'LATERAL OM MI It .mow.. I.ea.....I..w...a.a. PROPOSED 1fle LAW CIONN MM.MAO Seam a. 't �: ` 1174=1 © 11` IMO PALM/LAMINGLANDSCAPE AND ( +'I • _ u IRRIGATION I� �� ,� WORK IN / '' De MEDIAN ONLY I tc �1� �LH © T ' U-CRAPE MYRTLE z ii.l f i r. ©� �a.w1 3: .N 'Y`� �.wr Y N Y arl',,'bait.�I )• WE CIL-RED TIP COCl7Pl.UM .....r. Imo'. .1.«N.N.. '�"-._i rHIII �l e w O.N PROPOSED h :.:- I � / POD-OWf POOOGRPoS .. CROSSWALK .y ��: r Le.rw.nTN ¢ ���}';�'d LANDSCAPE AND El MI-GREEN ISLAND FICUS •5 !' IRRIGATION .. .ft.to Hamm I" A _,-F. +� WORN IN ii lLE-OWF ILEX SCHILLINGS E A �v- 4� / MEDIAN ONLY y LYNNE Har�. i __ aSrr ap - .–. — "H _ '�A,6.IA ':`t,I QAQ SH a M jT FACE I CURB. / t n' TYP. JOAO iii 2 ELEVATION MULCH.9Y9. � ; I'LATERAL __ .- r . .:T..E. X THEE PLAMFIM SId. O�TSP •,. R S 2���I •LANT OF CLEAR 11114,1111161‘. 21 LANDSCAPE INSTALLATION DETAILS BO ' - I C/�"� m d.4'1lL'•-'7 I FA E 2-I2TE.11 J4' ® 9 _._. DESIGN IG 2 iJX" DESPEED 40 MPH It i SE IDMSTREET �I / 100•ARCA BEGIN .11 'Esj� PROJECT LIMITED TO GROUNOCODIR 1 P ...Y CI\ A VERTICAL CLEARANCE OF 811 aris l 14.5'ABOVE A ROADWAY AND a B5'ABOVE A SIDEWALK MUST II BE MAINTAINED L a NOTE POSTED SPEED 35 MPH PERMIT # 2023 L 496-00010 DESIGN SPEED 40 MPH EMILY MARON.'FARA LA0000684 STATE OF FLORIDA SHEET C DMI., DESCRIMION REVISIONS !SHARON.' DESCRIPTION 1G110 GEMILE HOLLOWAY°MAHONEY OEPARTNBNT OF TRANSPORTATION NO '60]COMMERCE IANC./101 NO.MO COUNTY FINANCIAL PRD, LANDS CAPE PLAN 3 URETER.FL 33456 CERT.OF AL/TR LC0000I7I 511 5 IAN REACH 103 MMM 16 of 26 DowSgn Envelope ID Fsc7ws38-F3F2-41DC. 34.617DFancu71 PROPOSED IRRIGATION i GENERAL...Box Roos COMPONENTS ARC TO CONNECT 10 END PROJECT ADJACENT EXISTING SYSTEM ZONE LINES AY FS PIOT ALLCwED UV a GREATER te.SCH 40A. AL a.EERE9.CPER WT.,.LP.PAVEMENT STOLL BE HD.OR SOF PM AOC VAIN MCOREA CORER rwMMN • FIT..sum LIPOS ScHEOLAS DO R.ZONE LINES S.AO A. , Oft,P.c c.uE IwwEn w wL urtn.vs us. xr .. XISTING 0 LO ALL PPE WTw0..Nn SOLVE,s,0 cone ORM TO.7E0 As.°I<_s �,,ii MAINLINE 2DEATH wL�.E ►:,I -EXISTING Feet .T .MNronulx E - ,,O / IRRIGATION _4l VALVES E coxma wwE .. _ _ -_ .... .. I1 �jl/• POINT OF Ns ReepLu Icss..LL BE mw DwECT sME w.TEnCT rnoor col.Ncws wMVT O.O.own.o. l .. CONNECTIO T IIP MODEEOPHO°MEE 0.0 LOcAL BEGARAS...SHALL TAKE PRECEDENCE OBER,�uslR....xou,EsE.Ec.oNTo onoAT coy...OR FIE. .D,, roaN.rwDO OPE g....i ©� i i MULCH, TIP L1.441 © 1'1 ©u I -VALVE WINNER wows ovER.R.AND ort FLovo coNaRops.E.u.REORLATOR OPP TIRE SO.CONTR.VALVE PO.BE AlmosTED...ENT ANA anat.oR Foo...To PRoDucE ORORIETS 0,F marER TOM...rxE . lid sE,O.s.IOTTo wIw.T.EwrroM rocnE.TE w..w aE vn�w cawD c.E.TE w.Tu.owrw. 1'LATER — 141. 4' ` a THE...PER coo.,BE HELD RE...LE F.No hoTTER ACT Oa EFFECT APISING FROM OVERSPRAY OFFSET .ErwEowvx,uwEo.c 3wE,72, arrROMwT,... oPEn.Twxu Atin, ' saox.s wssME le I VALVE BE ONS RER MNUTE 8 �..dd I' VALVE DESIGNATION GUIDE CALI'SUNSHINE ArATE 0.cALLF AT soop 432-4770 To vesal.uelore LO.TIONs AT L EAST 4 BusiNESS OAFS L wsocNL.onr�,rELocx.DENc.TOME.r.roc..,o..— �f�, i►' r o.vT.s or uMOnc.ouxouTLTEs T.sof ARE mom.,moo..0 IDENTIFIED VERIFIED MO F.ELD LA.I.E0.0 ENSURING THOSE SORE � `1.+�• I '•I _ I PIPE SONG LEGEND /t 11 ""4 - -1 PIPE SZE GPM kM DrNTKsuEMALL T.Nss.rE,.cwmaLEDAND AnTECTEo By n.wswl.MWs .R.MMxTExH.cE PROPOSED •i�• w a3 £ • arrwrc P..rooTwe.xw E wo.rocoxrExc.0 won. CROSSWALK ! .(( t,? '3330 la BROOM A.IOWA.R..1041.04 WHERE Iwo xoTMrnrNa w.E.REn r... Tvnu BE ExEOEDroIxa.srmcTEO wxrwANC sox l; 342 . '] Ir I T - T 31-So M ITAAToo nw.f.coxT.a mass rRw coNTRaLER NE.�.o-.E<T,w or MmpoNs To rwT,Es...vss C 1� -, N "r NDEELEs NL''cRosswsms f[¢Tw IExcT.sw.sEws NDwoEP.cweEs..VTru reD FACE OF Cul�B. I�•; } t00 ofGPM 0 GPMOy SI c rt'P /•w 1���A I P..s3D wGPMORL PM4-4 R.1....pepsTAL.moue Ass.IA FRom...A.AND EDGE Of R043.OA PAIMROAREA ,L T .ON w,m w wus eilf I M3RKLRTpN LEGEND INSTALL.cew.s mu o MULCH IVP. La ALL APE To SRRE FL.vi000r.Is UNDER 5.FEET PER SEC°. ' 4.LATERAL {p! nMlrlwl m CA cwcE.x swwrono:"'"wounw Z.E"—.:::;1 .cor,oxl.swL.ss OFFSET >YP. 4P "I• I rp�SMwv o o.-- l>E rED'""''""""°' wL.E Ns,u LEON 4.. .. �'�'y' `�T ® Y^P..w c^'ATAM le°T,NRDD° N`"•EDa„ E«ITn.c,D,.M„�nEr,.DEDrEnr.,MMK.cDMMT.,w�.rDDT --- �1.�/' p.,,.Comm v.r,. 1 F. n rNE FINN Lou°.OF ALL COVONENTS SHALL BE APPROVED ea no wo.ECT EwwEE. SE IOM STREET ,�„l o. N N THE cwTR.C,D»WALL MM..ws..L.ro..L,M>LIc..LE FEES AHD PEn.T° BEGIN PROJECT ��••� P. MP 11662 y C 811 1 . a NOTE: POSTED SPEED 35 MPH - DESIGN SPEED 40 MPH PERMIT # 2023 L 496-00010 g DATE— DEXRIRTION REVISIONSDATE- DESCRIPTION EMILY GENTILE FASLA 1A0000081 STATE OF NSPORASHEET I500-GENTILE HOLLOWAY O'MAHONEY DEPARTMENT OF TRANSPORTATION 0 1901 COMMERCE LANE.•301 AOAD NO CORMry FINANCIAL PRO,ECT IRRIGATION PLAN JUPITER.FL 33158 CERT.OF ALRH. C0000117 SR 5 PALM BEACH 0-1 MMOA 17 of TB DocuSign Envelope ID. F907A53B-F3F2-41DC-8534-617DF8AC1471 SECTION: 93010000 PERMIT: 2023-L-496-00010 COUNTY: Palm Beach STATE RD: 5 EXHIBIT C 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 S:\Transportation Development\Design\In-House Design\Landscape Architecture\2-MMOAs\Boynton Beach\2023-L-496-10_Senior Center Crossing\Boynton Senior Center MMOA(final).docx MMOA Page 18 of 28 DocuSign Envelope ID: F907A53B-F3F2-41DC-8534-617DF8AC1471 MAINTENANCE PLAN Landscape Improvements Project State Road No(s): SR-5 from SE 10" Ave. (M.P. 13.662) north to (M.P. 13.719) Permit or FM No(s): 2023-L-496-0010 RLA of Record: George G. Gentile, FASLA Maintaining Agency: City of Boynton Beach Date: September 15, 2023 The purpose of a plan for the Landscape Improvements maintenance practices is to allow the plant material on the project to thrive in a safe and vigorous manner while fulfilling their intended purpose and conserving natural resources. Plantings and all other landscape improvements within FDOT right of way shall be maintained to avoid potential roadway hazards and provide clear visibility, accessibility, clearance, and setbacks as set forth and required in the following Florida Department of Transportation(FOOT)governing standards and specifications:FOOT Standard Plans, FOOT Plans Design Manual and FOOT 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. Part I of the Maintenance Plan describes general maintenance requirements and recommendations that are standard for all projects. Part 11 provides recommendations prepared by the Registered Landscape Architect of Record specific to the attached approved plans. PART I. GENERAL MAINTENANCE REQUIREMENTS AND RECOMMENDATIONS: 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. MULCHING Mulch planting beds 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. Do not mound mulch against the trunks of trees, palms, and the base of shrubs to allow air movement which aids in lowering disease susceptibility. Cypress mulch is prohibited on state right of way. S\Transportation Development\Design\In-House Design\Landscape Architecture\2-MMOAs\Boynton Beach\2023-L-496-10_Senior Center Crossing\Boynton Senior Center MMOA(final).docx MMOA Page 19 of 28 DocuSign Envelope ID:F907A53B-F3F2-41DC-8534-617DF8AC1471 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. 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. 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 achieve the FDOT requirements for 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 understory plant materials selected for use within the restricted planting areas (Limits of Clear Sight) are to be mature height in compliance with the FDM Window Detail. Vertical clear zones for vegetation heights over roadways and sidewalks must meet the requirements of the FDOT Maintenance Rating Program(MRP) standards. See Reference pages. The R.L.A. of Record will provide the specific pruning heights for mature or maintained height and spread of all plant material to achieve the design intent shall be noted in Part II., Specific Project Site Maintenance Requirements and Recommendations. STAKING AND GUYING All staking materials are to be removed after one year or as directed by the RLA of Record.). Any subsequent staking and guying activities by the Agency must adhere to FDOT Standard Plans guidelines (See Index 580-001). 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. 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. S:\Transportation Development\Design\In-House Design\Landscape Architecture\2-MMOAs\Boynton Beach\2023-L-496-10_Senior Center Crossing\Boynton Senior Center MMOA(final).docx MMOA Page 20 of 28 DocuSign Envelope ID:F907A53B-F3F2-41DC-8534-617DF8AC1471 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. TREE CELL STRUCTURES Underground tree cells shall be maintained in such a manner as to prolong the life of the structure and prevent potential safety hazards. If the structures fail or become damaged, they shall be replaced with the same type and specification as the approved plan. 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. 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 for a sidewalk; 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 concrete pavers(if applicable)shall be maintained in such a manner as to prevent any potential tripping hazards and protect damage to the pavers. Final surface tolerance from grade elevations shall, at a minimum, meet the most current Interlocking Concrete Pavement Institute(ICPI), Guide Specifications for Pavers on an Aggregate Base, Section 23 14 13 Interlocking Concrete Pavers, Part 3.05. If the concrete pavers 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 TRAVELED WAY 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. S:\Transportation Development\Design\In-House Design\Landscape Architecture\2-MMOAs\Boynton Beach\2023-L-496-10_Senior Center Crossing\Boynton Senior Center MMOA(final).docx MMOA Page 21 of 28 DocuSign Envelope ID:F907A53B-F3F2-41DC-8534-617DF8AC1471 SITE FURNISHINGS Site furnishing such as Trash Receptacles, Benches, Bollards and Bicycle Racks shall be maintained in such a manner as to prolong the life of the fixture and prevent potential safety hazards. If the fixtures and their overall function and mounting systems become damaged, they shall be replaced with the same type and specification as the approved plan. 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. S:\Transportation Development\Design\ln-House Design\Landscape Architecture\2-MMOAs\Boynton Beach\2023-L-496-10_Senior Center Crossing\Boynton Senior Center MMOA(final).docx MMOA Page 22 of 28 DocuSign Envelope ID:F907A53B-F3F2-41DC-8534-617DF8AC1471 PART II. SPECIFIC PROJECT SITE MAINTENANCE REQUIREMENTS AND RECOMMENDATIONS: 1. The design intent of this project is to match the existing conditions to the north, in the same median. It will follow the planting rhythm of a combination of Royal Palms and Crape Myrtles. Groundcover will be low using Juniper and naturally maintained less than 18". 2. Canopy Trees (Crape Myrtle) are intended to be maintained at 12' mature height and A 10' spread. (Refer to Part I Pruning, for clear sight window and vertical clear zone pruning requirements.) 3. Remove suckering growth from base and clear trunk areas for the crape myrtles trees on a quarterly maintenance program. 4. To maintain the intended appearance of all palms, apply the latest palm fertilizer recommended by the University of Florida IFAS Extension per the manufacturer's specifications. 5. To maintain the intended appearance of all shrubs or turf grass, apply the latest fertilizer recommended by the University of Florida IFAS Extension per the manufacturer's specifications. 6. Do not remove fronds from self-cleaning palms, unless damaged. Palms with persistent fronds shall only have dead fronds removed, do not remove any green fronds. If it is deemed necessary to prune a palm's fronds, no fronds shall be trimmed above 3 o'clock and 9 o'clock on the horizontal plain. 7. Groundcover and shrub horizontal growth shall be maintained to prevent foliage from growing beyond the limits of the planting areas shown on the plan. Maintain a 24" setback from the foliage to the edge of curb, pavement, sidewalk and/or other hardscape improvements. 8. Maintain the vertical height of: Juniper between 14" and 18", Full to ground (southern median) Liriope between 14" and 18", Full Clump (southern median) Dwarf Ilex between 14" and 18", Full to ground (northern median) Dwarf Podocarpus between 14" and 18", Full Clump (northern median) Red Tip Cocoplum between 24" and 30", Full to ground (northern median, center hedge) 9. Inspect groundcovers and shrubs on a quarterly basis for maintaining full ground coverage. 10. Evaluate plant material on a quarterly basis for pests, diseases, drought stress or general decline. If required, follow the integrated pest management program established by the Agency to ensure healthy plants. 11. Inspect the irrigation system performance on a quarterly basis to ensure the system is providing 100% coverage, does not have sections of low pressure, heads and valves are clean and clear of debris and any damaged irrigation components (i.e., spray nozzles, spray heads, valve boxes, etc.) are repaired or replaced. S:\Transportation Development\Design\ln-House Design\Landscape Architecture\2-MMOAs\Boynton Beach\2023-L-496-10_Senior Center Crossing\Boynton Senior Center MMOA(final).docx MMOA Page 23 of 28 DocuSign Envelope ID:F907A53B-F3F2-41DC-8534-617DF8AC1471 REFERENCES (4-27-20) 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.qov/guidelines-and-standards/streets-sidewalks Americans with Disabilities Act(ADA) (ADAAG) http://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.orq 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- Industrv/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 http://www.floridabuildinq.orq/fbc/workgroups/Accessibility Code Workqroup/Documentation/CHAPT ER 11 w fla specifics.htm Florida Department of Transportation, Program Management, Maintenance Specifications Workbook Supplemental Specifications, Section 580 Landscape Installation http://www.fdot.gov/programmanagement/Maintenance/2019Jan/default.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/IDx/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/2018FDM2121ntersections.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.qov/roadway/FDM/current/2018FDM215RoadsideSafety.pdf 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.qov/design/standardplans/current/IDx/102-600.pdf Department of Transportation, Landscape Architecture Website www.MyFloridaBeautiful.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 http://www2.dot.state.fl.us/rightofway/ 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 S:\Transportation Development\Design\In-House Design\Landscape Architecture\2-MMOAs\Boynton Beach\2023-L-496-10_Senior Center Crossing\Boynton Senior Center MMOA(final).docx MMOA Page 24 of 28 DocuSign Envelope ID: F907A53B-F3F2-41DC-8534-617DF8AC1471 SECTION: 93010000 PERMIT: 2023-L-496-00010 COUNTY: Palm Beach STATE RD: 5 EXHIBIT D RESOLUTION This Exhibit forms an integral part of the DISTRICT FOUR (4) HARDSCAPE MAINTENANCE MEMORANDUM OF AGREEMENT between the State of Florida, Department of Transportation and the AGENCY. Please see attached (To be provided by City) S:\Transportation Development\Design\ln-House Design\Landscape Architecture\2-MMOAs\Boynton Beach\2023-L-496-10_Senior Center Crossing\Boynton Senior Center MMOA(final).docx MMOA Page 25 of 28 DocuSign Envelope ID: F907A53B-F3F2-41DC-8534-617DF8AC1471 1 RESOLUTION NO. R24-064 2 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING 3 AND AUTHORIZING THE CITY MANAGER TO SIGN THE LANDSCAPE 4 MAINTENANCE MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF 5 BOYNTON BEACH AND THE STATE OF FLORIDA DEPARTMENT OF 6 TRANSPORTATION FOR THE MAINTENANCE OF THE NEW LANDSCAPE 7 MEDIAN DUE TO THE PROPOSED PEDESTRIAN CROSSWALK BETWEEN 8 THE BOYNTON BEACH SENIOR CENTER AND THE WOMEN'S CLUB; 9 PROVIDING AN EFFECTIVE DATE; AND FOR ALL OTHER PURPOSES. 10 WHEREAS, the City of Boynton Beach maintains the existing landscape median on 11 Federal Highway located between the Boynton Beach Senior Center and the Women's Club, 12 where there is no safe way for pedestrians to cross Federal Highway to get from one 13 building/parking lot to the other; and 14 WHEREAS, the City has a project to build a signalized pedestrian crosswalk between 15 the buildings to provide increased safety; and 16 WHEREAS, the proposed crosswalk will expand the existing landscape median due to 17 an existing left turn lane on south-bound Federal Highway being removed; and 18 WHEREAS, the new landscape median will have improved public pedestrian safety and 19 landscaping; and 20 WHEREAS, this expanded landscape median requires a new Maintenance 21 Memorandum of Agreement ("MMOA") from the Florida Department of Transportation 22 ("FDOT")to be created and approved; and 23 WHEREAS,the City Commission of the City of Boynton Beach, Florida, upon the 24 recommendation of staff, deems it to be in the best interests of the City residents to approve 25 and authorize the City Manager to sign the MMOA between the City and FDOT for the 26 maintenance of the new landscape median due to the proposed pedestrian crosswalk between 27 the Boynton Beach Senior Center and the Women's Club. 28 29 MMOA Page 26 of 28 DocuSign Envelope ID: F907A53B-F3F2-41DC-8534-617DF8AC1471 30 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 31 BOYNTON BEACH, FLORIDA, THAT: 32 SECTION 1. Each Whereas clause set forth above is true and correct and 33 incorporated herein by this reference. 34 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 35 approve the Maintenance Memorandum of Agreement between the City and the Florida 36 Department of Transportation for the maintenance of the new landscape median due to the 37 proposed pedestrian crosswalk between the Boynton Beach Senior Center and the Women's 38 Club, in form and substance similar to that attached as "Exhibit A." 39 SECTION 3. The City Manager is authorized to execute the Agreement and any minor 40 amendments or other documents necessary to complete the work, provided there is no fiscal 41 impact, and the City Attorney's office approves such documents for legal sufficiency. 42 SECTION 4. Upon the City Manager's execution of the Agreement, it shall be 43 forwarded to Moisey Abdurakhmanov, Engineer, to obtain execution by FDOT. Moisey 44 Abdurakhmanov, Engineer, shall be responsible for ensuring that one fully executed original of 45 the Agreement is provided to the City Clerk's office for retention as a public record of the City. 46 SECTION 5. This Resolution shall take effect as provided by law. 47 48 49 50 51 [signatures on following page] 52 53 54 55 MMOA Page 27 of 28 DocuSign Envelope ID F907A53B-F3F2-41DC-8534-617DF8AC1471 56 PASSED AND ADOPTED this 2nd day of April 2024. 57 CITY OF BOYNTON BEACH, FLORIDA 58 S9 YES NO 60 61 Mayor—Ty Penserga 62 / 63 Vice Mayor—Aimee Kelley ✓ 64 Commissioner—Angela Cruz V` 65 Commissioner—Woodrow L. Hay / 66 Commissioner—Thomas Turkin 67 VOTE S.O 68 69 70 A il: A 71 7, /72 • •. 73 Mayle. 10- esus, MP*, MMC - -_Apga 74 City Cle ON 76 ;Off ooQ �� It APPROVED AS TO ORM 77 (Corporate Seal) $>-; CJ� oOS": % 440A GVI',(J 78 1' Z Shawna G. Lamb 79 '11 ••.......••w P. 80 `%. F1-&--- City Attorney 81 MMOA Page 28 of 28