2003-010 Agrmnt. w/DOT for Village maint. of NL Blvd.RESOLUTION 10-2003
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A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE
CLERK TO ENTER INTO AN AGREEMENT WITH THE STATE OF FLORIDA,
DEPARTMENT OF TRANSPORTATION, ATTACHED AS EXHIBIT "A," WHICH
AGREEMENT PROVIDES THAT THE VILLAGE SHALL MAINTAIN THE
LANDSCAPING WITHIN THE MEDIANS AND AREAS OUTSIDE THE NORTHERN
PERIMETER OF THE TRAVEL WAY TO THE RIGHT-OF-WAY LINE, INCLUDING
SIDEWALK AND MEDIAN CONCRETE, FOR STATE ROAD 850 (NORTHLAKE
BOULEVARD) FROM STATE ROAD 811 TO U.S. HIGHWAY NO. 1, PALM BEACH
COUNTY, FLORIDA; AND, PROVIDING FOR AN EFFECTIVE DATE.
BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA:
Section 1. The Village Council of the Village of North Palm Beach, Florida, does hereby
approve the agreement with the State of Florida, Department of Transportation attached as
Exhibit "A," which agreement provides that the Village shall maintain the landscaping within the
medians and azeas outside the northern perimeter of the travel way to the right-of--way line,
including sidewalk and median concrete, for State Road 850 (Northlake Boulevard) from State
Road 811 to U.S. Highway No. 1, Palm Beach County, Florida.
Section 2. The Mayor and Village Clerk are hereby authorized and directed to execute the
agreement set forth in Exhibit "A" for and on behalf of the Village of North Palm Beach.
Section 3. This resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED THIS 13th DAY OF FEBRUARY, 2003.
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VILLAGE CLERK
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DISTRICT FOUR (4)
• MAINTENANCE MEMORANDUM OF AGREEMENT
DSF-MAINTENANCE
THIS AGREEMENT, made and entered into this day of 2002, by and
between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, acomponent
agency of the State of Florida, hereinafter called the DEPARTMENT and the CITY of NORTH
PALM BEACH, a political subdivision of the State of Florida, existing under the Laws of Florida,
hereinafter called the AGENCY.
WITNESSETH:
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 a six 6 lane highway facility as described in Exhibit A attached
hereto and incorporated by reference herein, within the corporate liauts of the AGENCY; and
WHEREAS, the AGENCY is of the opinion that said highway facilities that contain
landscape medians and areas outside the northern perimeter of the travel way to the right of way line,
including sidewalk, shall be maintained by periodic trimming, cutting, mowing, fertilizing, litter
pick-up, necessary replanting, irrigation repaus, and sidewalk and median concrete replacements as
needed; 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 .2002, 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 AGENCY to mstall or cause to be installed landscaping, irrigation, and
sidewalks and median concrete on the highway facilities as specified in plans and
specifications hereinafter refereed to as the Project; and incorporated herein as Exhibit B,
with if any, the following exceptions and conditions:
A. The current Florida of Department of Transportation Roadway and Traffic Design
Standard index 546 must be adhered to,
B. Cleaz zone/horizontal cleazance as specified in the Department's Plans Prepazation
Manual -English Volume 1, Chapter 2 must be adhered to as outlined on relevant
. sheets.
C. Landscaping shall not obstruct roadside signs or permitted outdoor advertising signs,
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• D. If irrigation is to be installed, the Department shall be provided accurate as built plans
of the 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,
E. If it becomes necessary to provide utilities to the median or side azeas (water/electricity)
it shall be the AGENCY'S responsibility to pay for all cost associated with those utilities
and to obtain a permit for such work thought the local maintenance office,
F. During the installation of the project and future maintenance operations, maintenance of
traffic shall be in accordance with the current edition of the MiJTCD and the current
FDOT Design Standazds (series 600),
G. The AGENCY shall provide the local maintenance office located at 7900 Forest Hill
Boulevard, West Palm Beach, Florida, atwenty-four (24) hour telephone number and
the name of a responsible person that the department may contact,
H. If there is a need to restrict the normal flow of traffic it shall be done on off peak hours
(9AM to 3PIv1), 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 project. The Department's PIO (Public Information Office)
shall also be notified.
I .The AGENCY shall be responsible to clear all utilities within the project limits
J. The AGENCY shall notify the local maintenance office forty-eight (48) prior to the
start of the project: Andy Vallancourt 561-432-4966.
2. The AGENCY agrees to maintain the landscaping within the medians and azeas outside the
northern perimeter of the travel way to the right of way line, including sidewalk and median
concrete, by periodic trimming, cutting, mowing, fertilizing, litter pickup and necessary
replanting, irrigation repairs, and sidewalk and median concrete replacements as needed
following the Department's landscape safety and plant caze guidelines. The AGENCY'S
` responsibility for maintenance shall include all landscape/turfed azeas and azeas covered with
decorative concrete or similaz type surfacing (hardscape) within the median and azeas within
the northern perimeter outside the travel way to the right of way line, including sidewalks
and median concrete azeas. Such maintenance to be provided by the AGENCY is
specifically set out as follows:
To maintain, which means the proper watering and fertilization of all plants and keeping
them as free as practicable from disease and harmful insects; to properly mulch the plant
beds; to keep the premises free of weeds; to mow and/or cut the grass to a proper length; to
properly prune all plants which includes (1) removing dead or diseased parts of plants, or (2)
pruning such parts thereof which present a visual safety hazard for those using the roadway.
To maintain also means removing or replacing dead or diseased plants in their entirety, or
removing or replacing those that fall below original project standazds. All plants removed
for whatever reason shall be replaced by plants of the same size and grade as specified in the
original plans and specifications. To maintain also means to keep the hazdscape areas free
from weeds and replacement of any azeas becoming in disrepair so as to cause a safety
• hazazd. To maintain also means to keep litter removed from the median and areas along the
northern perimeter outside the travel way to the right of way line. Plants shall be those items
which would be scientifically classified as plants and include but aze not limited to trees,
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• grass, or shrubs.
The above named functions to be performed by the AGENCY, shall be subject to periodic
inspections by the Department. Such inspection findings will be shazed with the AGENCY and
shall be the basis of all decisions regazding reworking or agreement termination. The AGENCY
shall not change or deviate from said plans without written approval of the Department.
3. If at any time after the AGENCY has undertaken the landscaping installation and/or
maintenance responsibility above-mentioned, it shall come to the attention of the
Department's District Secretary that the limits or a part thereof is not properly maintained
pursuant to the terms of this Agreement, said District Secretary may at his option issue a
written notice that a deficiency or deficiencies exist(s), by sending a certified letter to the
AGENCY, top AGENCY on notice thereof. Thereafter, the AGENCY shall have
a period o ~ alendaz days within which to correct the cited deficiencies. If said
deficiencies az orrected within this time period, the Department may at its option,
proceed as follows: ~Q
(a) Maintain the landscaping or a part thereof, with Department or contractor's personnel
and invoice the AGENCY for expenses incurred, or
(b) Terminate the Agreement in accordance with Pazagraph 6 of this Agreement and
remove, by Department or contractor's persommel, all of the landscaping/hazdscapes
installed under this Agreement or any preceding agreements except as to trees and
palms and change the AGENCY the reasonable cost of such removal.
4. It is understood between the parties hereto that the landscaping covered by this Agreement
may be removed, relocated or adjusted at any time in the future as detemuned to be
necessary by the Department in order that the adjacent state road be widened, altered or
otherwise changed to meet with future criteria or planning of the Department. The
AGENCY shall be given sixty (60) calendaz days notice to remove said landscaping after
which time the Department may remove same.
The AGENCY agrees to perform the final inspection and provide written certification that
all safety requirements have been met and for acceptance of the Project.
6. This Agreement may be terminated under any one of the following conditions:
(a) By the Departm nt, 'f the AGENCY fails to perform its duties under Pazagraph 3,
following ;<ea ~ ys 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
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• Agreement.
7. The term of this Agreement commences upon execution.
8. To the extent permitted by law, the AGENCY shall indemnify and hold harailess the
Department, its officers and employees from all suits, actions, claims and liability arising out
of the AGENCY'S negligent performance of the work under this agreement, or due to the
failure of the AGENCY to maintain the Project in conformance with the standards described
in Section 2 of this Agreement.
9. The AGENCY may construct additional landscaping within the limits of the rights-of--ways
identified as a result of this document, subject to the following conditions:
(a) Plans for any new landscaping 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 landscaping shall be developed and implemented in accordance with appropriate
state safety and road design standazds.
(c) The AGENCY agrees to comply with the requirements of this Agreement with
regard to any additional landscaping installed at no cost to the Department.
10. 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.
12. The Department, during any fiscal yeaz, shall not expend money, incur and 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 aze 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 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 $25,000.00 and which have a term for a period of more than 1 yeaz.
13. 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 fmal and conclusive upon
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the parties hereto.
14. This Agreement may not be assigned or transferred by the AGENCY in whole or part
without the consent of the Department.
15. 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.
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IN WTINESS WHEREOF, the parties hereto have caused these presents to be executed the
day and year first above written.
AGENCY STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
By: By:
Chairperson District Secretary
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Attest: (SEAL) Attest: (SEAL)
Clerk Executive Secretary
Approval as to Form Date
Approval as to Form
Date
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SECTION N0. 93090000
COUNTY: PALM BEACH
S.R. NO.: 850
EXtIIBIT "A"
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PROJECT
State Road 850 (Northlake BIvd.1 from SR 811 to US-1 in Palm Beach County
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SECTION N0. 93090000
COUNTY: PALM BEACH
S.R. NO.: 850
E~~IT B
See attached plans prepazed by Michael Redd and Associates.
Dated
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