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R18-101 1 RESOLUTION NO. R18-101 2 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 3 FLORIDA, APPROVING AND AUTHORIZING THE MAYOR TO 4 SIGN A LANDSCAPE MAINTENANCE MEMORANDUM OF 5 AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH 6 AND FLORIDA DEPARTMENT OF TRANSPORTATION TO 7 AGREE TO FUND AND MAINTAIN THE INTERSECTION 8 ENHANCEMENTS, SUBJECT TO FINAL APPROVAL BY THE 9 CITY ATTORNEY; AND PROVIDING AN EFFECTIVE DATE. 10 WHEREAS; on August 8, 2017, the CRA Board discussed the funding of 11 enhancements for US 1/Federal Highway as part of the Florida Department of 12 Transportation's (FDOT) roadway resurfacing plan; and 13 WHEREAS, the FDOT submitted the Landscape Maintenance Memorandum of 14 Agreement which formalizes the cost and maintenance responsibilities for the four (4) 15 intersections; and 16 WHEREAS, the City staff provided the FDOT with written confirmation that the City 17 would move forward with the four (4) intersection enhancements that are within its project's 18 boundary. 19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 20 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 21 Section 1. Each Whereas clause set forth above is true and correct and 22 incorporated herein by this reference. 23 Section 2. The City Commission of the City of Boynton Beach, Florida does 24 hereby approve and authorize the Mayor to sign the Landscape Maintenance Memorandum of 25 Agreement between the City of Boynton Beach and the Florida Department of Transportation C:\Users\Stanzionet\Appdata\Local\Microsoft\Windows\Temporary Internet Files\Content.1E5\SATNOEVN\Landscape_Maintenance_Memorandum_Of Agreement_FDOT_-_Reso.Doc 26 to agree to fund and maintain the intersection enhancements associated with Florida 27 Department of Transportation's US 1/Federal Highway Project, a copy of said Landscape 28 Maintenance Memorandum of Agreement is attached hereto as Exhibit "A". 29 Section 3. That this Resolution shall become effective immediately upon passage. 30 PASSED AND ADOPTED this 7th day of August, 2018. 31 CITY OF BOYNTON BEACH, FLORIDA 32 33 YES NO 34 35 Mayor— Steven B. Grant -- 36 37 Vice Mayor—Christina L. Romelus 38 39 Commissioner—Mack McCray 40 41 Commissioner—Justin Katz 42 43 Commissioner—Joe Casello 44 _ 45 VOTE ✓�"� 46 ATTEST: 47 48 �/ ./ 49 �/ /�'f . 50 Judi IA. Pyle, CMC 51 Cit l lerk 52 53 54 (City Seal) 55 C:\Users\Stanzionet\Appdatq\,,ocal\Microsoft\Windows\Temporary Internet Files\Content.IES\SATNOEVN\Landscape_Maintenance_Memorandum_Of Agreement_FDOT_-_Reso.Doc Stanzione, Tammy From: Le, Thuc H. <Thuc.Le@dot.state.fl.us> Sent: Monday, December 06, 2021 8:22 AM To: McKay, Christine; Stanzione, Tammy Cc: Williams, Edward Bann; Canedo, Guillermo; Rivas, Ana Subject: RE: Landscape Maintenance Agreement - Boynton Beach - 437834-1-52-01 Attachments: 437834.1-Handoff.Mtg.minutes-DRAFT.pdf; LFA for approval and execution (FM# 437834-1-52-01/02) SR-5 Good morning Christine, Sorry for taking so long to respond to your email. The landscape component was not applicable to this resurfacing job. The local fund (hence council resolution)was for the textured pavement for the crosswalk. The City ended up withdraw the request so this agreement never got carried out for execution. Thanks. P.E. Consultant Project Management-D4 Office Florida Department of Transportation 3400 West Commercial Blvd. Fort Lauderdale,FL 33309-3421 (954) 777-4552 thuc.le@ dot.state.fl.us From: McKay, Christine<Christine.McKay@dot.state.fl.us> Sent: Friday, December 3, 2021 12:35 PM To: StanzioneT@bbfl.us Cc: Williams, Edward Bann <Edward.Williams@dot.state.fl.us>; Canedo, Guillermo <Guillermo.Canedo@dot.state.fl.us>; Rivas, Ana <Ana.Rivas@dot.state.fl.us> Subject: RE: Landscape Maintenance Agreement- Boynton Beach -437834-1-52-01 Hello Tammy, Sorry for the delay. I have been looking for the executed agreement for 437834-1-52-01 but can't seem to find it. Since I was not here in 2018, I have reached out to the PM engineer for the project to see if he has a copy or can provide insight if the project changed. He has been out this week, but I hope to touch base with him next week to get an answer for you. Thanks and have a great weekend, Christine McKay Landscape Architecture Unit Consultant (KCI Technologies) Florida Department of Transportation—District 4 3400 W. Commercial Blvd, Ft. Lauderdale, Florida 33309 christine.mckay@dot.state.fl.us (954)677-7897 1 From: Williams, Edward Bann <Edward.Williams@dot.state.fl.us> Sent: Wednesday, December 1, 2021 11:13 AM To: McKay, Christine <Christine.McKay@dot.state.fl.us> Cc: Canedo, Guillermo<Guillermo.Canedo@dot.state.fl.us>; Rivas, Ana <Ana.Rivas@dot.state.fl.us> Subject: RE: Landscape Maintenance Agreement Christine, Can you please look for the agreement. I am not sure that the City ever executed this agreement. Thanks, Bann Williams, PLA, LEED AP District Landscape Architect Florida Department of Transportation- District Four 3400 West Commercial Blvd, Ft. Lauderdale, FL 33309 Office:(954)777-4219 From: Rivas, Ana <Ana.Rivas@dot.state.fl.us> Sent: Wednesday, December 1, 2021 9:35 AM To: Williams, Edward Bann <Edward.Williams@dot.state.fl.us> Cc: Canedo, Guillermo<Guillermo.Canedo@dot.state.fl.us> Subject: FW: Landscape Maintenance Agreement Good Morning Bann, Please see email below. Thanks and Stay Safe Ana Rivas Florida Department of Transportation 3400 W. Commercial Blvd Fort Lauderdale, Fl. 33309 954-777-4666 (Office) 954-777-4482 (Fax) Ana.Rivas@Dot.State.Fl.Us From: Canedo, Guillermo <Guillermo.Canedo@dot.state.fl.us> Sent: Wednesday, December 1, 2021 9:31 AM To: Rivas, Ana <Ana.Rivas@dot.state.fl.us> Subject: FW: Landscape Maintenance Agreement Hi Ana, Could you forward this to our District IV Landscape Architect? Guillermo Canedo Communications Manager FDOT District Four 2 Office: 954-777-4302 Cell: 954-405-6028 FDOT Facebook'Twitter I Instagram I YouTube I Word Press From: Stanzione,Tammy<StanzioneT@bbfl.us> Sent: Wednesday, December 1, 2021 9:00 AM To: FDOT-D4COMM <FDOT-D4COMM@dot.state.fl.us> Subject: Landscape Maintenance Agreement EXTERNAL SENDER: Use caution with links and attachments. Good Morning, I am looking for a signed copy of the landscape maintenance agreement with Boynton Beach. It was approved by City Commission in 2018. Ms. Elisabeth Hassett, FDOT District IV landscape Architect is listed as the contact on the agreement. SECTION No.: 93010 FM No. (s): 437834-1-52-01 COUNTY: PALM BEACH S.R. No.: 5 Tammy Stanzione Deputy City Clerk City Clerk's Office Mailing Address: P.O. Box 310 I Boynton Beach, Florida 33425 Physical Address: 100 E. Ocean Ave. I Boynton Beach, Florida 33435 C 561-742-6062 StanzioneT@bbfl.us I boynton-beach.orgj Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law, email addresses are public records.Therefore, your e-mail communication and your e-mail address may be subject to public disclosure. 3 SECTION No.: 93010 FM No. (s): 437834-1-52-01 COUNTY: PALM BEACH S.R. No.: 5 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATATION DISTRICT FOUR LANDSCAPE MAINTENANCE MEMORANDUM OF AGREEMENT THIS AGREEMENT, made and entered into this day of 20__, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, a component AGENCY of the State of Florida, hereinafter called the DEPARTMENT and the City of Boynton Beach, a municipal corporation, existing under the Laws of Florida, hereinafter called the AGENCY. WITNESSETH: WHEREAS, the DEPARTMENT has jurisdiction over State Road 5 (US 1/Federal Highway)as part of the State Highway System as described in Exhibit"A"; and WHEREAS, the DEPARTMENT seeks to install and have maintained by the AGENCY certain landscape improvements as indicated within the right of way of State Road 5 (US 1/Federal Highway) as described within Exhibit "B" [(pursuant to definition in paragraph number 2)]; 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 to the medians and areas outside the travelway to the right of way line and/or areas within the travelway that may contain specialty surfacing (concrete pavers, color stamped concrete and color stamped asphalt [also known as patterned pavement]) including any other hardscape (if applicable), but excluding standard concrete sidewalk; and agrees 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 S:\Transportation Development\Design\In-House Design\Landscape Architecture\AGREEMENTS\1 MOA\BOYNTON BEACH\MOA_Boynton_SR5 437834-1-52-01\BoyntonBch_SR5(437834-1-52-52-01)7-8-18.docx Page 1 of 21 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. dated 20 , attached hereto and by this reference made a part hereof, desires to enter into this Agreement and authorizes its officers to do so; NOW THEREFORE, for and in consideration of the mutual benefits to flow each to the other, the parties covenant and agree as follows: 1. The recitals set forth above are true and correct and are deemed incorporated herein. 2. INSTALLATION OF FACILITIES The DEPARTMENT shall install or caused to be installed landscape improvements described 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 referenced in Exhibit "B" and "C". Hardscape shall mean, but not be limited to, site furnishings, landscape accent lighting, bike racks, fountain, tree grates, decorative free standing or retaining wall(s) and/or any non-standard roadway, sidewalk, median or crosswalk surfacing, such as, but not be limited to the following: specialty surfacing (concrete pavers, color stamped concrete and color stamped asphalt [also known as patterned pavement]). If there are any major changes to the plan(s), the DEPARTMENT shall provide the modified plan(s) to the AGENCY and the AGENCY shall provide their approval or disapproval to the DEPARTMENT within 10 business days. The DEPARTMENT may elect to withdraw the landscape improvements if changes are not approved within the given time frame. 3. MAINTENANCE OF FACILITIES A. The AGENCY agrees to maintain the landscape improvements, as existing and those to be installed, within the physical limits described in Exhibit "A" and as further described in Exhibit "B". The non-standard improvements within and outside the travelway shall be maintained by the AGENCY regardless if the said improvement was made by the DEPARTMENT, the AGENCY, or others authorized pursuant to section 7, by periodic mowing, pruning, fertilizing, weeding, curb and sidewalk edging, litter pickup, necessary replanting, irrigation system repair and/ or repair of any median concrete replacement associated with specialty surfacing (if applicable) following the DEPARTMENT'S landscape safety and maintenance guidelines, Exhibit "C", the Maintenance Plan and Exhibit "E", Patterned Pavement Maintenance. 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 and the associated header curb and concrete areas (if applicable) on DEPARTMENT right-of-way within the limits of this Agreement. S:\Transportation Development\Design\In-House Design\Landscape Architecture AGREEMENTS\1 MOA\BOYNTON BEACH\MOA Boynton_SR5_437834-1-52-01\BoyntonBch_SR5(437834-1-52-52-01)7-8-18.docx Page 2 of 21 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 plants; 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 including trees, palms, shrubs, groundcover and turf. To maintain also means to remove or replace dead or diseased plants 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 means to keep the header curbs that contain the specialty surfacing treatment in optimum condition. To maintain also means to keep the 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 for the landscape improvements including, but not limited to any impact and connection fees, and the on-going cost of utility usage for water and electrical are the maintaining AGENCY'S responsibility. (1) The AGENCY shall be solely responsible for any impact and/or connection fees. D. The maintenance functions to be performed by the AGENCY may be subject to periodic inspections by the DEPARTMENT at the discretion of the DEPARTMENT. Such inspection findings will be shared with the AGENCY and shall be the basis of all decisions regarding, repayment, reworking or Agreement termination. The AGENCY shall not change or deviate from said plans without written approval of the DEPARTMENT. 4. NOTICE OF MAINTENANCE DEFICIENCIES A. If at any time after the AGENCY has undertaken the maintenance responsibilities 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, placing 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: S:\Transportation Development\Desigan-House DesignlLandscape Archltecture)AGREEMENTS\1 MOA\BOYNTON BEACH\MOA_Boynton_SR5_437834-1-52-011BoyntonBch_SR5(437834-1-52-52-01)7-8-18.docc Page 3 of 21 (1) Maintain the landscape improvements or any part thereof, with DEPARTMENT or Contractor's personnel and invoice the AGENCY for expenses incurred, and/or (2) At the discretion of the DEPARTMENT, terminate the Agreement in accordance with Paragraph 9 of this Agreement and remove, by the DEPARTMENT or Contractor's personnel, 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. B. The AGENCY agrees to reimburse the DEPARTMENT all monies expended by the DEPARTMENT for the landscape improvements listed in Exhibit"B" in the amounts listed in Exhibit "D" should the landscape improvement fail to be maintained in accordance with the terms and conditions of this Agreement. 5. FUTURE DEPARTMENT IMPROVEMENTS It is understood between the parties hereto that the landscape improvements covered by this Agreement may be removed, relocated or adjusted at any time in the future as determined to be necessary by the DEPARTMENT in order that the adjacent state road be widened, altered or otherwise changed to meet future criteria or planning needs of the DEPARTMENT. The AGENCY shall be given sixty (60) calendar days notice to remove said landscape improvements at 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 improvements rights of ways identified herein, 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) The AGENCY shall procure a permit from the DEPARTMENT. (c) All landscape improvements shall be developed and implemented in accordance with appropriate state safety and roadway design standards. (d) The AGENCY agrees to comply with the requirements of this Agreement with regard to any additional landscape improvements it choses to have installed and there will be no cost to the DEPARTMENT. S:\Transportation Development\Design\In-House Design\Landscape Architecture\AGREEMENTS\1 MOA\BOYNTON BEACH\MOA_Boynton SR5_437834-1-52-011BoyntonBch_SR5(437834-1-52-52-01)7-8-18.docx Page 4of21 7. ADJACENT PROPERTY OWNER IMPROVEMENTS The DEPARTMENT may allow an adjacent property owner to construct additional landscape improvements within the limits of the rights of way identified in Exhibit "A" of this Agreement and the AGENCY shall be responsible for maintaining those improvements 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. LANDSCAPE IMPROVEMENTS COST The DEPARTMENT agrees to enter into a contract for the installation of the landscape improvements with an estimated amount of$ 217,968.00 as referenced in Exhibit"D". This amount may be reduced or eliminated at the sole discretion of the DEPARTMENT or due to budgetary constraints of the DEPARTMENT. The DEPARTMENT'S participation in the landscape improvements' cost, as described in Exhibit "D" is limited to only those items which are directly related to the Landscape improvement plans. (1) The AGENCY shall be invited to assist the DEPARTMENT in the final acceptance of the landscape improvements by the DEPARTMENT associated with the roadway construction project and then upon completion of the FDOT Specification 580 Contractor's Plant Establishment Period. 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. S:\Transportation Development\Design\Jn-House DesignlLandscape Architecture\AGREEMENTSl1 MOA\BOYNTON BEACH\MOA_Boynton_SR5_437834-1-52-01\Boynton Bch_SR5(437834-1-52-52-01)7-8-18.docx Page 5 of 21 • 10.AGREEMENT TERM A. The term of this Agreement commences upon execution by all parties. The term of this Agreement shall remain in effect for twenty-five (25) years. B. If the DEPARTMENT chooses not to implement 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 to the DEPARTMENT written evidence of the foregoing upon the request of the DEPARTMENT. It is specifically understood and agreed that this indemnification clause does not cover or indemnify the DEPARTMENT for its own negligence. B. In the event that AGENCY contracts with a third party to provide the services set forth herein, any contract with such third party shall include the following provisions: (1) AGENCY'S contractor shall at all times during the term of this Agreement keep and maintain in full force and effect, at contractor's sole cost and expense, Comprehensive General Liability with minimum 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 and shall name the DEPARTMENT as an 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) days notice of cancellation and or/or restriction. If any of the insurance coverage will expire prior to the completion of work, copies of renewal policies shall be furnished at least (30) days prior to the date of expiration. 12. E-VERIFY REQUIREMENTS The AGENCY shall: S:\Transportation Development\Designlln-House Design\Landscape Architecture\AGREEMENTS\1 MOA\BOYNTON BEACHIMOA Boynton_SR5_437834-1-52-011BoyntonBch_SR5(437834-1-52-52-01)7-8-18.docx Page 6 of 21 (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. 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, except the associated Locally Funded Agreement. 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 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 part without the consent of the DEPARTMENT. 17. LAWS GOVERNING This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. In the event of a conflict between any portion of the contract and Florida law, the laws of Florida shall prevail. The AGENCY agrees to waive forum and venue and SATransportation Development\Design In-House Design\Landscape Architecture\AGREEMENTS\1 MOAIBOYNTON BEACHIMOA_Boynton_SR5 437834-1-52-011BoyntonBch_SR5(437834-1-52-52-01)7-8-18.docx Page 7 of 21 that the DEPARTMENT shall determine the forum and venue in which any dispute under this agreement is decided. 18. NOTICES Any and all notices given or required under this Agreement shall be in writing and either personally delivered with receipt acknowledgement or sent by certified mail, return receipt requested. All notices shall be sent to the following addresses. If to the DEPARTMENT: If to the AGENCY: State of Florida Department of Transportation City of Boynton Beach 3400 West Commercial Blvd. 100 E. Boynton Beach Boulevard Ft. Lauderdale, FL 33309-3421 Boynton Beach, Florida 33435 Attention: Elisabeth A. Hassett, R.L.A. Attention: City Manager FDOT District IV Landscape Architect 19. LIST OF EXHIBITS Exhibit A: Roadway Project Location and Landscape Improvements Maintenance Boundaries Exhibit B: Landscape Improvement Plans Exhibit C: Maintenance Plan for Landscape Improvements Exhibit D: Approximate Cost for Landscape Improvements Exhibit E: Patterned Pavement Maintenance S:\Transportation Development\DesignUn-House Design\Landscape ArchitectureAGREEMENTS\1 MOA\BOYNTON BEACH\MOA Boynton_SR5_437834-1-52-01\BoyntonBch_SR5(437834-1-52-52-01)7-8-18.docx Page 8 of 21 IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective the day and year first above written. STATE OF FLORIDA CITY OF BOYNTON BEACH DEPARTMENT OF TRANSPORTATION By: By: Chairperson/Mayor/Manager Transportation Development Director Attest: (SEAL) Attest: (SEAL) Clerk Executive Secretary Legal Approval Date Legal Review Date Office of the General Counsel S:1Transportation Development\Designlln-House Design\Landscape Architecture'AGREEMENTSI1 MOA\BOYNTON BEACH\MOA_Boynton_SR5_437834-1-52-011BoyntonBch_SR5(437834-1-52-52-01)7-8-18.docx Page 9 of 21 SECTION No.: 93010 FM No. (s): 437834-1-52-01 COUNTY: PALM BEACH S.R. No.: 5 EXHIBIT A ROADWAY PROJECT LOCATION AND LANDSCAPE IMPROVEMENTS MAINTENANCE BOUNDARIES I. ROADWAY PROJECT LOCATION: State Road 5 (USI / Federal Highway) from north of George Bush Boulevard (M.P. 10.78) to the C-16 Canal (M.P. 15.10) II. LIMITS OF MAINTENANCE FOR LANDSCAPE IMPROVEMENTS State Road 5 @ Woolbright Road: Patterned pavement at the four (4) crosswalks and a logo at the center of the intersection. M.P. 13.371 to M.P. 13.392 State Road 5 @ East Boynton Beach Boulevard: Patterned pavement at the four (4) crosswalks and a logo at the center of the intersection. M.P. 14.242 to M.P. 14.263 State Road 5 @ East Ocean Avenue: Patterned pavement at the four(4) crosswalks and a logo at the center of the intersection. M.P. 14.365 to M.P. 14.386 State Road 5 @ N.W. 10th Avenue (Martin Luther King Jr. Boulevard): Patterned pavement at the four (4) crosswalks and a logo at the center of the intersection. M.P. 14.863 to M.P. 14.879 III. LANDSCAPE IMPROVEMENTS MAINTENANCE RESPONSIBILITIES MAP: See Attached S:\Transportation Development\Des ignUn-House Des ign\Lardscape Arch Recto relAGREEMENTS\1 MOA BOYNTON BEACH\MOA_Boynton_SR5_437834-1-52-011BoyntonBch_SR5(437834-1-52-52-01)7-8-18.docx Page 10 of 21 E c Y w i L x ^ b p N i ir . : ' IN' .._ ,,,,,, -- t, , ,,,,,„ ,. , _. t. r `4: „ , ,, • € a ,', --Ai* .. 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El t M — ;;),.i.Z...'t ' ,k-,fr- k- „,,,,,,,,,,,,,,,,,,,. . . -. , , , k., ,,,,,, ,,„„ ,, ,,,, - 1,-,,,,,--..-..,,, . , , - ,,,,,1'.t., --. . ,--.,',41., i) 1 .,' ri' " r..„. . .-...1, .,, O 'i. Z C,-, I' F'+, .91 b` E 1 S F c i .' Y Esi,+A 44111 9, R pl ff c R o _ �gy[,�„, O S «.+ _-� �dyr IOM!' ' 4 ' �5. '4 + . - ..q-ii.„,-.- 1 , ... , , -,,,,,..-ir. 44 , „, .... ,.. /. , , , , , t tip, tr. k �� s s ,'F X04' ' z. '� 4,4 : xr i' r tt i ,.5 -'-f,„ ' '''..' ,,; t j I E #.cwt 'ill:' l , ..«:.r 4 ' r • _• it s �'� M 4Y i '`1 SECTION No.: 93010 FM No. (s): 437834-1-52-01 COUNTY: PALM BEACH S.R. No.: 5 EXHIBIT B LANDSCAPE IMPROVEMENT PLANS The DEPARTMENT agrees to install the landscape improvements in accordance with the plans and specifications attached hereto and incorporated herein. Please see attached plans prepared by: Maverick K. Marshall, P.E. 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No.: 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 Designllandscape ArchitecturelAGREEMENTS\1 MOA\BOYNTON BEACH\MOA_Boynton_SR5_437834-1-52-01\BoyntonBch_SR5(437834-1-52-52-01)7-8-18.docx Page 12 of 21 MAINTENANCE PLAN Landscape Improvements Project State Road No(s): From State Road 5 (US 1 / Federal Highway) from north of George Bush Boulevard (Begin M.P. 10.78)to the C-16 Canal (M.P. 15.10) FM No(s): 437834-1-52-01 Maintaining Agency: City of Boynton Beach P.E.: Maverick K. Marshall Date: May 11, 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 I, Chapter 2.11 and FDOT Standard Specifications for Road and Bridge Construction, as amended by contract documents, and all other requirements set forth by the District 4 Operations Maintenance Engineer. The initial portion of the Maintenance Plan describes general maintenance requirements and recommendations. The concluding section 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. 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 S:\Transportation Development\Design\In-House Design\Landscape Architecture'AGREEMENTS\1 MOA\BOYNTON BEACH\MOA_Boynton_SR5_437834-1-52-01\BoyntonBch SR5(437834-1-52-52-01)7-8-18.docx Page 13 of 21 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. 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 S:\Transportation Development\Designlln-House Design\Landscape Archltecture\AGREEMENTS\1 MOA\BOYNTON BEACH\MOA Boyntcn_SR5_437834-1-52-01\BoyntonBch_SR5(437834-1-52-52-01)7-8-18.docx Page 14 of 21 materials. It is the applicators 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 (ICPI), 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. S:\Transportation Development\Designlln-House DesignlLandscape Architecture\AGREEMENTS\1 MOA\BOYNTON BEACH\MOA_Boynton_SR5_437834-1-52-01\BoyntonBch_SR5(437834-1-52-52-01)7-8-18.docx Page 15 of 21 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. S:\Transportation Development\Design\In-House DesignlLandscape Architecture\AGREEMENTS\1 MOA\BOYNTON BEACH\MOA_Boynton_SR5_437834-1-52-011BoyntonBcii_SR5(437834-1-52-52-01)7-8-1 B.docx Page 16 of 21 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:/lwww.access-board.gov/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.org 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 http://www2.iccsafe.orq/states/florida codes/ Florida Department of Transportation, Program Management, Maintenance Specifications Workbook Supplemental Specifications, Section 580 Landscape Installation http://www.fdot.gov/programmanagement/Maintenance/2018Jan/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.qov/design/standardplans/current/I Dx/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.fd ot.q ov/roadway/FDM/curre nt/20I 8FDM212I ntersections.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/roadwayfFDM/current/2018FDM215RoadsideSafety.pdf S:\Transportation Development\DesignUn-House Design\Landscape Architecture'AGREEMENTSI1 MOA\BOYNTON BEACH\MOA Boynton_SR5_437834-1-52-01\BoyntonBch_SR5(437834-1-52-52-01)7-8-18.docx Page 17 of 21 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.govidesion/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 Oesign\Landscape Architecture\AGREEMENTS\1 MOA\BOYNTON BEACH\MOA_Boynton_SR5_437834-1-52-01\Boynton Bch_S R5(437834-1-52-52-01)7-8-18.docx Page 18 of 21 SECTION No.: 93010 FM No. (s): 437834-1-52-01 COUNTY: PALM BEACH S.R. No.: 5 EXHIBIT D APPROXIMATE COST FOR LANDSCAPE IMPROVEMENTS This Exhibit forms an integral part of the DISTRICT FOUR (4) LANDSCAPE MAINTENANCE MEMORANDUM OF AGREEMENT between the State of Florida, Department of Transportation and the AGENCY. $ 217,968.00 * Amounts are approximate S:\Transportation Development\Design\ln-House Design\Landscape Architecture'AGREEMENTS\1 MOA\BOYNTON BEACH\MOA_Boynton_SR5_437834-1-52-01\BoyntonBch_SR5(437834-1-52-52-01)7-8-18.docx • Page 19 of 21 SECTION No.:93010 S.R. No.:5 FM No.:437834-1-52-01 COUNTY: PALM BEACH SR-5/US-1/Federal Highway from north of George Bush Blvd(Begin MP 10.78)to the C-16 Canal(End MP 15.10) Exhibit D E. BOYNTON BEACH BLVD./US1 INTERSECTION PAYITEM DESCRIPTION UNITS QUANTITY UNIT COST COST 523-1 PATTERNED PAVEMENT SY 547 $ 90.00 $ 49,201 SUBTOTAL $ 49,201 CONSTRUCTION SUBTOTAL $ 49,201 20%LFA CONTINGENCY $ 9,840 TOTAL $ 59,041 E.OCEAN AVE./US1 INTERSECTION PAYITEM DESCRIPTION UNITS QUANTITY UNIT COST COST 523-1 PATTERNED PAVEMENT SY 512 $ 90.00 $ 46,119 SUBTOTAL $ 46,119 CONSTRUCTION SUBTOTAL $ 46,119 20%LFA CONTINGENCY $ 9,224 TOTAL $ 55,342 E.WOOLBRIGHT RD./US1 INTERSECTION PAYITEM DESCRIPTION UNITS QUANTITY UNIT COST COST 523-1 PATTERNED PAVEMENT SY 513 $ 90.00 $ 46,165 SUBTOTAL $ 46,165 CONSTRUCTION SUBTOTAL $ 46,165 20%LFA CONTINGENCY $ 9,233 TOTAL $ 55,398 NE 10th Ave.(MLK Jr.Blvd.)/US1 INTERSECTION PAYITEM DESCRIPTION UNITS QUANTITY UNIT COST COST 523-1 PATTERNED PAVEMENT SY 446 $ 90.00 $ 40,156 SUBTOTAL $ 40,156 CONSTRUCTION SUBTOTAL $ 40,156 20%LFA CONTINGENCY $ 8,031 TOTAL $ 48,187 $ 217,968 SECTION No.: 93010 FM No. (s): 437834-1-52-01 COUNTY: PALM BEACH S.R. No.: 5 EXHIBIT E PATTERNED PAVEMENT MAINTENANCE This Exhibit forms an integral part of the DISTRICT FOUR (4) MAINTENANCE MEMORANDUM OF AGREEMENT between the State of Florida, Department of Transportation and the AGENCY. "Maintenance" of all patterned pavement crosswalks in these Agreements shall be defined, as a minimum, to include its frictional characteristics and integrity as follows: (1) Within 60 days of project acceptance by the Department, all lanes of each patterned pavement crosswalk shall be evaluated for surface friction. The friction test shall be conducted using either a locked wheel tester in accordance with FM 5-592 (Florida Test Method for Friction Measuring Protocol for Patterned Pavements) or Dynamic Friction Tester in accordance with ASTM E1911. All costs for friction testing are the responsibility of the AGENCY. (2) The initial friction resistance shall be at least 35 obtained at 40 mph with a ribbed tire test (FN4OR) or equivalent (FM 5-592 attached). Failure to achieve this minimum resistance shall require all deficient crosswalk areas to be removed to their full extent (land-by-land) and replaced with the same product installed initially. The AGENCY is responsible for all costs associated with the removal and replacement of the crosswalk. If the Department determines that more than 50% of the lanes in the intersection require replacement, the entire intersection installation may be reconstructed with a different product on the Qualified Products List (QPL) or replaced with conventional pavement. (3) Approximately one year after project acceptance and every one year thereafter and for the life of the adjacent pavement, only the outside traffic lane areas of each patterned crosswalk shall be tested for friction resistance in accordance with ASTM E274 or ASTME 1911. Friction resistance shall, at a minimum, have a FN4OR value of 35 (or equivalent). S:\Transportation Development\Design\In-House Design\Landscape Architecture\AGREEMENTS\1 MOA\BOYNTON BEACH\MOA_Boynton_SR5_437834-1-52-01\BoyntonBch_SR5(437834-1-52-52-01)7-8-18.docx Page 20 of 21 (4) The results of all friction tests shall be sent to the Operations Engineer at the local FDOT District Four Operations Center located at Palm Beach Operations, 7900 Forest Hill Blvd., West Palm Beach, FL 33413 (561) 432-4966, with a cover letter either certifying, that the crosswalks comply with the minimum friction criteria, or stating what remedial action will be taken to restore the friction. (5) Failure to achieve the minimum resistance shall require all lanes of the crosswalk to be friction tested to determine the extent of the deficiency. All deficient areas shall be removed to their full extent (lane-by-lane) and replaced with the same product installed initially. If the Department determines that more than 50% of the lanes in the intersection require replacement, the entire intersection installation may be reconstructed with a different product on the QPL, or replaced with conventional pavement. (6) When remedial action is required in accordance with the above requirements, the local agency shall complete all necessary repairs at its own expense within 90 days of the date when the deficiency was identified. No more than two full depth patterned pavement repairs shall be made to an area without first resurfacing the underlying pavement to 1" minimum depth. (7) The Department will not be responsible for replacing the treatment following any construction activities by the Department in the vicinity of the treatment, or any costs for testing. (8) Should the local agency fail to satisfactorily perform any required remedial work or testing in accordance with this agreement, the Department reserves the right to replace the patterned pavement with conventional pavement (matching the adjacent pavement) and bill the local agency for this cost. S:\Transportation Development\DesignUn-House DesignlLandscape Architecture\AGREEMENTS\1 MOA\BOYNTON BEACH\MOA_Boynton_S R5_437834-1-52-01\BoyntonBch_S R5(437834-1-52-52-01)7-8-18.docx Page 21 of 21 FLORIDA DEPARTMENT OF TRANSPORTATION Fro t' State Materials Office 5007 NE 39th Avenue Gainesville, Florida 32609 September 26, 2014 Florida Test Method for Friction Measuring Protocol for Patterned Pavements Designation: FM 5-592 1. SCOPE This method covers the testing procedures for evaluating the friction resistance of Patterned surfaces used in crosswalks over asphalt and concrete surfaces Note 1: This test method contains two parts: Part A- Friction testing performed with the Locked Wheel Friction Tester Part B- Friction testing performed with the Dynamic Friction Tester(DFT) 2. APPARATUS 2.1 Locked Wheel Friction Tester- This apparatus shall be standardized in accordance with ASTM E 274, "Standard Test Method for Skid Resistance of Paved Surfaces Using a Full-Scale Tire". The friction test tire used shall be in accordance with ASTM E 501, "Standard Specification for Standard Rib Tire for Pavement Skid-Resistance". 2.2 Dynamic Friction Tester- This apparatus shall be standardized in accordance with ASTM E 1911, "Standard Test Method for Measuring Paved Surface Frictional Properties Using the Dynamic Friction Tester". 3. FRICTION NUMBER CONVERSION The regression equations relating the locked wheel test results and the DFT results at 40 mph (65 km/h) are: FN4OR=0.64•DFT40+9.23 (1) DFT40=1.56•FN4OR—14.42 (2) where, FN4OR = Friction Number from locked wheel testing at 40 mph using a ribbed tire DFT40 = Coefficient of Friction from DFT at 40 mph multiplied by 100. Although the above equations can be used to convert the DFT result to the locked wheel friction number at 40 mph and vice versa, conditions do exist where FM 5-592 1 FLORIDA DEPARTMENT OF TRANSPORTATION FDOT State Materia5007 NE 39wils Avenue Of ....00 -- Gainesville,Florida 32609 September 26,2014 the DFT testing or the locked wheel testing at 40 mph is not feasible due to constraints such as safety, traffic congestion, speed limits, and/or roadway geometries. In these cases, it may be preferable to conduct the locked wheel testing at a slower speed, e.g., 20 or 30 mph. The following regression equations have been developed to convert the locked wheel test results at 20 and 30 mph to those at 40 mph: FN4OR=0.89.FN2OR—4.88 (3) where, FN2OR = Friction Number from locked wheel testing at 20 mph using a ribbed tire, and FN4OR=0.95-FN3OR—2.91 (4) where, FN3OR = Friction Number from locked wheel testing at 30 mph using a ribbed tire. For ease of application of the above harmonization results, Table 1 summarizes the conversions from FN3OR, FN2OR and DFT40 to FN4OR. Note that the friction numbers shown in this table were rounded to the closest integer. The numbers highlighted in yellow represent the current minimum required friction numbers depending on survey cycle, test method, and speed evaluated. Table 1. Friction Number Table FN4OR FN3OR FN2OR DFT40 22 26 30 20 23 27 31 21 24 28 32 23 25 29 34 25 26 30 35 26 27 31 36 28 28 33 37 29 29 34 38 31 30* 35* 39* 32* 31 36 40 34 32 37 41 36 33 38 43 37 34 39 44 39 FM 5-592 2 FLORIDA DEPARTMENT OF TRANSPORTATION FDOT State Materials Office ��_, y 5007 NE 39'"Avenue Gainesville,Florida 32609 September26,2014 35** 40** 45** 40** 36 41 46 42 37 42 47 43 38 43 48 45 39 44 49 46 40 45 50 48 41 46 52 50 42 47 53 51 43 48 54 53 44 49 55 54 45 50 56 56 * Minimum friction numbers required for inventory cycles of patterned crosswalks. **Minimum friction numbers required for new construction and 3-year APL test decks for patterned crosswalks. 4. PROCEDURE The test procedures for both the Locked Wheel Friction Tester and the Dynamic Friction Tester are described in the following. All testing should be performed within either the driver or passenger side wheel path, regardless of the equipment used. 4.1 PART A- Friction Testing with the Locked.Wheel Friction Tester A) New Construction — The locked wheel test shall be conducted on all crosswalks within 60 days of the new surface completion date. One valid lockup test is required for each lane; all lanes shall be evaluated and compared. The test layout is shown in Figure 1. B) Inventory — For in-service Approved Product List (APL) test sections, the locked wheel test is conducted at 6 month intervals up to 3 years. Maintenance surveys are conducted on a yearly basis. Test site shall be confined to a single outside traffic lane (single direction) for each crosswalk location. The locked wheel test will require three repeat lockups and averaged for the designated test lane. The lane in which the friction tests were conducted must be identified in the report along with the test results. C) Retest — At any point when friction numbers are determined to be below the required values shown in Table 1, all lanes shall be evaluated and the range of friction values shall be determined. FM 5-592 3 FLORIDA DEPARTMENT OF TRANSPORTATION FDOStateOffice 5007 NE 39'"Is Aven e f�� Gainesville,Florida 32609 September 26,2014 D) Special Request— At any time a patterned pavement is in need of a special assessment, the designated lane(s) shall be evaluated to determine the range of representative friction values. 1 , , y ' OFT OFT OFT Location Location Limon , 1 2 3 } All Tests Conducted in Wheel , Path 9 ; 9 Thermoplastics Cross Walk Thermoplastics FIGURE 1 Testing protocol for patterned pavement. 4.2 PART B- Skid Testing with the Dynamic Friction Tester (DFT) A) New Construction — The DET test shall be conducted on all crosswalks within 60 days of the new surface completion date. DFT tests shall be conducted at three (3) discrete locations in each lane; the results shall be averaged and reported for each lane tested. All lanes shall be evaluated and compared. The test layout is shown in Figure 1. B) Inventory — For in-service APL test sections, the DFT test is conducted at 6 month intervals up to 3 years. Maintenance surveys are conducted on a yearly basis. Test site shall be confined to a single outside traffic lane (single direction) for each crosswalk location. DFT tests will be conducted at three (3) discrete locations (Figure 1) in each FM 5-592 4 FLORIDA DEPARTMENT OF TRANSPORTATION FD0 State Materials ce 5007 NE 39^Avenue _Gainesville,Florida 32609 September 26, 2014 lane; the results shall be averaged and reported for each lane tested. The lane in which the friction tests were conducted should be identified in the report with the test results. C) Retest — At any point when friction numbers are determined to be below the required values shown in Table 1, all lanes shall be evaluated and the range of friction values shall be determined. D) Special Request — At any time a patterned pavement is in need of a special assessment, the designated lane(s) shall be evaluated to determine the range of representative friction values. 5 REPORT 5.1 Friction numbers for the patterned crosswalks should be reported using FDOT's Materials form number 675-060-05. This form can be downloaded from FDOT's website at: http://www2,dot.state.fl.us/a roceduraldocumentsfforms/informs/67506005 Asm FM 5-592 5 $ug ► , kms."-•'�,I F a.. 9 r . . . ... .... .1., :,.L. . . „, , .. %i ._,„ .• . :ffat„,...„, .. ... „..(1, ,.,..:i 7„11„. • _" :fiA 1.•,.' ',- '� *=� "'4g . 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