HomeMy WebLinkAboutR-2024-088 FDOT Maintenance Memorandum of Agreement for Landscape Improvements at SeaviewRESOLUTION NO.2024-M
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO
EXECUTE A LANDSCAPE MAINTENANCE MEMORANDUM OF
AGREEMENT ("MMOA") WITH THE FLORIDA DEPARTMENT OF
TRANSPORTATION ("FDOT") FOR THE PURPOSE OF THE CITY TO
MAINTAIN THE AIA RIGHT OF WAY FROM US-1/SR-5 TO
GULFSTREAM ROAD (SEAVIEW I); PROVIDING FOR CONFLICTS;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on November 9, 2021, pursuant to Resolution No. 2021-179, the City
approved the site plan modification for property located at 601 E. Dania Beach Boulevard, known
as Seaview I; and
WHEREAS, FDOT has jurisdiction of AlA (East Dania Beach Boulevard as part of the
State Highway System; and
WHEREAS, the City agrees to maintain and irrigate the Developer's installation of
landscaping and pavers, as stipulated in the Landscape Maintenance Memorandum of Agreement
(MMOA); and
WHEREAS, the MMOA shall be in effect for as long City would provide landscape
maintenance services;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the foregoing "WHEREAS" clauses are ratified and confirmed as
being true and correct, and they are made a specific part of and incorporated into this Resolution
by this reference.
Section 2. That the proper City officials are authorized to approve the MMOA with
FDOT for the landscape improvements and paver installation located at the Seaview II
development, which MMOA is attached as Exhibit "A" and incorporated into this Resolution by
this reference.
Section 3. That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
Section 4. That this Resolution shall be in force and take effect in ten (10) days after
its passage and adoption.
PASSED AND ADOPTED on Jl..lr-,2. 2! 2024.
n i
Motion by second by
FINAL VOTE ON ADOPTION: Unanimous
Yes No
Commissioner Joyce L. Davis
Commissioner Tamara James
Commissioner Marco Salvino
Vice Mayor Lori Lewellen T
Mayor Archibald J. Ryan IV
CITY CLERK
APPROVED AS TO FORM AND
E A SIS
CI ATTORNEY
2 RESOLUTION#2024- V%S
SECTION:
86030000
PERMIT:
2023-L-491-00011
COUNTY:
Broward
STATE RD:
A1A
FLORIDA DEPARTMENT OF TRANSPORTATION
DISTRICT FOUR
LANDSCAPE MAINTENANCE MEMORANDUM OF AGREEMENT
THIS AGREEMENT, made and entered into this day of 20_,
by and between the FLORIDA DEPARTMENT OF TRANSPORTATION, a component agency of
the State of Florida, hereinafter called the DEPARTMENT and the CITY OF DANIA BEACH, a
municipal corporation, existing under the Laws of Florida, hereinafter called the AGENCY.
WITNESSETH:
WHEREAS, the DEPARTMENT has jurisdiction over A1A (East Dania Beach Boulevard)
as part of the State Highway System; and
WHEREAS, as part of the continual updating of the State 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 Maintenance Memorandum of
Agreement on May 251h, 2006 for the purpose of the AGENCY maintaining the A1A right of way
within the City's limits, from US-1/SR-5 to Gulfstream Road, by which the parties agree to restate
that agreement and as such remains in effect; and
WHEREAS, the AGENCY seeks to install by permit and maintain certain additional landscape
improvements within the right of way of A1A (East Dania Beach Boulevard) as described in
Exhibit "B"; and
WHEREAS, the AGENCY is agreeable to maintaining those landscape improvements within
the AGENCY'S limits, including plant materials, irrigation systems and/or hardscape (such as
specialty surfacing, site furnishings, or other nonstandard items (if applicable), but excluding
standard concrete sidewalk). The AGENCY agrees that such improvements shall be maintained
by periodic mowing, fertilizing, weeding, litter pick-up, pruning, necessary replanting, irrigation
repair and/or repair/replacement of the specialty surfacing, 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
WHEREAS, the AGENCY, by Resolution No. , dated , 20
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.
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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 (g) 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 (g) below) and the AGENCY
shall be responsible for all associated fees for the installation and maintenance of
these utilities.
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(g) The AGENCY shall provide the local FDOT Operation Center, Broward Operations,
located at 5548 NW 91h Avenue, Ft. Lauderdale, FL 33309, (954) 776-4300, 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.
(h) 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).
(i) 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 (MLITCD) and FDOT
Standard Plans for Road Construction, 102 XXX series, Maintenance of Traffic.
(j) 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.
(k) Clear Zone Lateral Offset and as specified in the FDOT Design Manual, Chapter 215
must be adhered to.
(1) Landscape improvements shall not obstruct roadside signs or permitted outdoor
advertising signs, (see Florida Administrative Code [F.A.C.] Rule Chapter 14-10.)
(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 Public Information Officer (see telephone number in paragraph (g)
for Operation Center) 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
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
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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. The AGENCY shall be responsible for all maintenance
and repairs to FDOT sidewalks directly attributable to tree roots or other AGENCY
maintained improvements. 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.
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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 in 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 days' 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.
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7. FUTURE AGENCY IMPROVEMENTS
The AGENCY may construct additional landscape improvements within the limits of this
Agreement, identified in Exhibit "A", 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" 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
remain in effect as long as the improvements shall exist, or until this Agreement is
terminated by either party in accordance with Paragraph 9.
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(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
of the contract; and
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(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.
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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:
Florida Dept. of Transportation
3400 West Commercial Blvd.
Ft. Lauderdale, FL 33309-3421
Attn: Kaylee Kildare
District IV Landscape Manager
19. LIST OF EXHIBITS
If to the AGENCY:
City of Dania Beach
100 W Dania Beach Boulevard
Dania Beach, FL 33004
Attn: Elenor Norena
Community Development Director
Exhibit A: Landscape Improvements Maintenance Boundaries
Exhibit B: Landscape Improvement Plans
Exhibit C: Maintenance Plan for Landscape Improvements
Exhibit D: Resolution
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective the
day and year first written above.
CITY OF DANIA BEACH
0
Chairperson / Mayor / Manager
Date:
Attest: (SEAL)
City Clerk
Legal Approval:
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
0
transportation Development Director
Date:
Attest: (SEAL)
Executive Secretary
Legal Review:
Office of the District General Counsel
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SECTION:
86030000
PERMIT:
2023-L-491-00011
COUNTY:
Broward
STATE RD:
A1A
EXHIBIT A
LANDSCAPE IMPROVEMENTS MAINTENANCE BOUNDARIES
I. LIMITS OF MAINTENANCE FOR LANDSCAPE IMPROVEMENTS:
State Road Al (East Dania Beach Blvd.) from M.P. 6.687 to M.P. 6.813
II. LANDSCAPE IMPROVEMENTS MAINTENANCE BOUNDARIES:
See attached map
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SECTION:
86030000
PERMIT:
2023-L-491-00011
COUNTY:
Broward
STATE RD:
AIIA
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: William Eager, RLA
EGS2 Corporation
Date: March 19, 2024
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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: William Eager, RLA
EGS2 Corporation
Date: March 19, 2024
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SECTION:
86030000
PERMIT:
2023-L-491-00011
COUNTY:
Broward
STATE RD:
AIIA
EXHIBIT C
MAINTENANCE PLAN FOR LANDSCAPE IMPROVEMENTS
This Exhibit forms an integral part of the LANDSCAPE MAINTENANCE MEMORANDUM OF
AGREEMENT between the Florida Department of Transportation and the AGENCY.
Please see attached
SATransportation Development\Design\In-House Design\Landscape Archilecture\2 - MMOAs\Dania Beach\SR A1A\2023-L-491-
00011 SeavievADania Seaview MMOA.docx
MAINTENANCE PLAN
Landscape Improvements
Project State Road No(s): SR A1A (E. Dania Beach Blvd.) from M.P. 6.687 to M.P. 6.813
Permit or FM No(s): 2023-L-491-00011
RLA of Record: William A. Eager, Pres. EGS2 Corporation
Maintaining Agency: City of Dania Beach
Date: April 8, 2024
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 within FDOT right of way 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 Standard Plans, FDOT Plans Design Manual 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.
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.
SATransportation Development\DesigMMn-House Design\Landscape Architecture\2 - MMOM\Dania Beach\SR A1A\2023-L-491-
00011 SeavievADania Seaview MMOA.docx
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.
1010a 1J161711'1W
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.
S1Transportation Development\Design\In-House Design\Landscape Architecture\2 - MMOAs\Dania Beach\SR A1A\2023-L-091-
00011 SeavievADania Seaview MMOA.docx
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.
SATransponation Development\Design\In-House Design\Landscape Architecture\2 - MMOAs\Dania BeacMSR AM2023-L-491-
00011 Seaview\Dania Seaview MMOA.docx
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.
PART II.
SPECIFIC PROJECT SITE MAINTENANCE REQUIREMENTS AND RECOMMENDATIONS:
1. Planting within the right-of-way includes only sod located within 6 separate areas.
2. St. Augustine 'Flor-Tam' sod should be maintained at a height between 3" and 4" with full
ground coverage.
3. Evaluate sod on a monthly 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.
4. Inspectjoints and cracks in concrete pavers & sidewalks, concrete curbs, expansion joints,
catch basins, gutter areas, etc. on a monthly basis to keep those areas free of weeds.
5. Inspect the irrigation system performance on a monthly basis to ensure the system is
providing 100% coverage. Ensure that the system does not have sections of low pressure,
heads are clean and clear of debris and any damaged irrigation components (heads, valve
boxes, etc.) are repaired or replaced.
& Transportation Development\Design\In-House Design\Landscape Architecture\2 - MMOAs\Dania Beach\SR A1A\2023-L-491-
00011 Seavie\MDania Seaview MMOA.dou
REFERENCES (4-27-20)
This reference list is provided as a courtesy. The list may not contain the most current websdes. The most current
references must be accessed for up-to-date information.
Accessible Sidewalk (ADA) http://www.access-board.goy/guidelines-and-standards/streets-sidewalks
Americans with Disabilities Act (ADA) (ADAAG) http://wvtw.ada.govl2010ADAstandards 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. a ns i.o rg
Florida Department of Agriculture and Consumer Services, Division of Plant Industry, Florida Grades and
Standards for Nursery Plants 2015 http://w m.freshfromflorida.com/Divisions-Offices/Plant-
I ndustryiBureaus-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.floridabuilding.orq/fbc/workgroups/Accessibility Code Workgroup/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.fd ot.goy/p rog ra m ma nagement/Maintenance/2019J a n/d efa u It. 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
hftp://www.fdot.gov/design/standardplans/current/lDx/580-001.pdf
Florida Department of Transportation, FDOT Design Manual for Design, Construction, Maintenance and
Utility Operations on the State Highway System, Chapter 212.11 Clear Sight Triangles
http://www.fdot.goy/roadway/FDM/current/2018FDM212 intersections.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.fd ot.goy/roadway/FD M/current/2018 F D M215 Roads id eSafety. 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 ham://www.fdot.gov/design/standardplans/current/IDx/102-600.pdf
Department of Transportation, Landscape Architecture Website www.MvFloridaBeautiful.com
Florida Department of Transportation, Maintenance Rating Program Handbook
http: //www.dot.state.fl. u s/sta tem a i nten a nceoffice/M a i ntRati ng Prog ra m. shtm
Florida Department of Transportation Outdoor Advertising Database
http://www2.dot.state.fl.us/rightofwaV/
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
SATransportation DevelopmenWesigMin-House Design\Landscape Architecture\2 - MMOAs\Dania Beach\SR AtA\2023-L-491-
00011 Seaviev.ADania Seaview MMOA.docx
SECTION:
86030000
PERMIT:
2023-L-491-00011
COUNTY:
Broward
STATE RD:
A1A
EXHIBIT D
RESOLUTION
This Exhibit forms an integral part of the LANDSCAPE MAINTENANCE MEMORANDUM OF
AGREEMENT between the Florida Department of Transportation and the AGENCY.
Please see attached
(To be provided by City)
SATransportation Development\Design\In-House Design\Landscape Archilecture\2 - MMOAs\Dania Beach\SR A1A\2023-L491-
00011 Seaview\Dania Seaview MMOA.dou