1999-016 Agreement to Landscape Alt. A1A MediansRESOLUTION 16-99
•
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AUTHORIZING THE MAYOR AND VILLAGE CLERK TO ENTER
INTO A HIGHWAY BEAUTIFICATION GRANT AGREEMENT WITH STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION ATTACHED AS EXHIBIT "A" WHEREIN THE
VILLAGE WOULD INSTALL AND MAINTAIN LANDSCAPING MATERIALS ON
ALTERNATE AlA MEDIANS NORTH OF NORTHLAKE BOULEVARD AND LOCATED
WITHIN THE VILLAGE AND THE DEPARTMENT OF TRANSPORTATION WOULD
REIMBURSE THE VILLAGE A PORTION OF COSTS THEREOF NOT TO EXCEED
$25,244.00; 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 Highway Beautification Grant Agreement with State of Florida Department of
Transportation wherein the Village would install and maintain landscaping materials on Alternate
• AlA medians north of Northlake Boulevard and located within the Village and the Department
of Transportation would reimburse the Village a portion of costs thereof not to exceed
$25,244.00.
Section 2. The Mayor and Village Clerk are hereby authorized and directed to execute
the Agreement with State of Florida Department of Transportation attached as 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 11th DAY OF MARCH , 1999.
(Village Seal)
ATTE
• /
VILLAGE
• Florida Department of Transportation
JEB Busf) DISTRICT bIAINTENANCE -DISTRICT 4
GOVERNOR 3400 W<.e Co~,~,<.a,l Bool<w.d, Po.t L.od<.d,l<, Flood, 33309-3421
T<lep6onr (305) 777.4200 Fe.: 1301) 777-4223
January 13, 1999
Mr. Thomas Hogarth
Director of Public Services
645 Prosperity Farms Road
North Palm Beach, F133408
Dear Mr. Hogarth:
THOhfAS F BARRY, JR.
SECRETARY
RE: Palm Beach M PO Grant (1998/1999) -Maintenance Memorandum of Agreement for
State Road 811 (Alternate A-1-A)
Your grant request to Beautifill Palm Beaches for landscape improvements on subject road has been
approved for funding during the 1998-1999 cycle. I apologize for the delay which was caused by
funding identification and allocation.
Enclosed are the Maintenance Memorandums of Agreements that need to be executed by the City
and retumed to me for execution by the Department.. Upon execution by the Department one copy
will be returned to the City for their files along with a Notice to Proceed.
Should you have any questions, please call (954) 777-4219. Thank you.
Sincerely,
arl B~" i sdi~~
gg
Landscape Architect
•
CBH/c
W W W.dot.state.fl.us ®RECVClEO P,W ER
DISTRICT FOUR (4)
• HIGHWAY BEAUTIFICATION GRANT AND
MAINTENANCE MEMORANDUM OF AGREEMENT
DSF-REIMB
Contract Number AG 705
THIS AGREEMENT, made and entered into this day of 19_, by and between
the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, acomponent agency of
the State of Florida, hereinafter called the "DEPARTMENT" and the Village of North Palm Beach,
a political subdivision of the State of Florida, existing under the Laws of Florida, hereinafter called
the "AGENCY".
WHEREAS, as part ofthe 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 sixsix t61 lane 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 of the opinion that said highway facility that contains
landscape medians and areas outside the travel way to the right of way line, excluding sidewalk, shall
be maintained by periodic trimming, cutting, mowing, fertilizing, litter pick-up and necessary
• replanting; 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._ 16-99 dated Mar. 11 19 99
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 hereby agrees to install or cause to be installed landscaping on the highway
facility as specified in plans and specifications included 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 S46 must be adhered to,
B. Clear zone/horizontal clearance as specified in the Plans Preparation Manual -Metric
Volume I, Chapter 2 must be adhered to as outlined on relevant sheets in Exhibit D,
C. Landscaping shall not obstruct roadside signs or permitted outdoor advertising signs,
• 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 preform 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 areas (water/electricity)
it shall be the AGENCY'S responsibility 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 1988 edition of the MUTCD and the current
Department Roadway and Traffic Design Standards (series 600),
G. The AGENCY shall provide the local maintenance office located at
a twenty-four (24) 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 peek hours
(9AM to 3PM),
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,
2. The AGENCY agrees to maintain the landscaping and irrigation (if applicable) within the
median and areas outside the travel way to the right of way line, excluding sidewalk and
crosswalks, unless constructed with other than concrete or asphalt at the AGENCY'S
request, by periodic trimming, cutting, mowing, fertilizing, litter pickup and necessary
replanting, following the Department's landscape safety and plant care guidelines. The
• AGENCY'S responsibility for maintenance shall include all landscape/turfed areas and areas
covered with interlocking pavers or similar type surfacing (hardscape) within the median,
crosswalks, and areas outside the travel way to the right-of--way line on Department of
Transportation right-of--way within the limits of the Project. Such maintenance to be provided
by the AGENCY is specifically set out as follows:
To maintain, which means the proper watering and proper 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 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 standards. 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 areas becoming in disrepair so as to
cause a safety hazard. To maintain also means to keep the header curbs that contain the
hardscape in optimum condition. To maintain also means to keep litter removed from the
median and areas outside the travel way of the right of way line. Plants shall be those items
which would be scientifically classified as plants and include but are not limited to trees, 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 shared with the AGENCY and shall
be the basis of all decisions regarding payment reduction, 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 assumed 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 to place said AGENCY on notice thereof. Thereafter the AGENCY shall have
a period of thirty (30) calendar days within which to corcect the cited deficiencies. If said
deficiencies are not corrected within this time period, the Department may at its option,
proceed as follows:
(a) Complete the installation or part thereof, with Department or Contractor's personnel
and deduct the cost of such work from the final payment for said work or part
thereof, or
(b) Maintain the landscaping or a part thereof, with Department or Contractor's
personnel and invoice the AGENCY for expenses incurced, or
• (c) Terminate the Agreement in accordance with Paragraph 6 of this Agreement and
remove, by Department or private contractor's personnel, all of the landscaping
installed under this Agreement or any preceding agreements except as to trees and
palms and charge the AGENCY the reasonable cost of such removal.
4. It is understood between the parties hereto that the landscaping covered by this Agreement
maybe removed, relocated or adjusted at any time in the future as determined to be necessary
by the Department in order that the 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) calendar days notice to remove said landscaping/hardscape after which time the
Department may remove the same and any mitigation required for remaining
landscape/hardscape shall be the responsibility of the AGENCY.
5. The Department agrees to reimburse the AGENCY an amount not to exceed$25.244
as defined in Attachment "C". Subject to this limit, the Department will pay only for the
following costs:
(a) Sprinkler/irrigation system
(b) Plant materials and fertilizers/soil amendments.
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(c) Paver bricks, header curbs & other hardscape items.
• The Department's participation in the project cost, as described in Attachment "C" is limited to only
those items which are dvectly related to this project. Payment shall not be made until (1) certification
of acceptance is received from the AGENCY's Landscape Architect/or designee and (2) a
Department Landscape Architect and/or his designee has approved the project for final payment.
(a) Payment shall be made only after receipt and approval of goods and services as
provided in Section 215.42, Florida Statutes.
(b) Any penalty for delay in payment shall be in accordance with Section 215.422(3)(6),
Florida Statutes.
(c) Bills for fees or other compensation for services or expenses shall be submitted in
detail sufficient for a proper preaudit and postaudit thereof, and bills for travel
expenses specifically authorized by this Ageement, if any, shall be submitted and paid
in accordance with the rates specified in Section 112.061, Florida Statutes.
(d) Records of costs incurred under terms of this Agreement shall be maintained and
made available upon request to the Department at all times during the period of this
Agreement and for three years after final payment is made. Copies of these
documents and records shall be furnished to the Department upon request. Records
• of costs incurred includes the AGENCY's general accounting records, together with
supporting documents and records, of the contractor and all subcontractors
performing work, and all other records of the contractor and subcontractors
considered necessary by the Department for a proper audit of costs.
(e) The AGENCY agrees to return all monies received under the terms of this
Agreement, to the Department, should the landscaped area fail to be maintained in
accordance with the terms and conditions of this Agreement.
6. This Agreement may be terminated under any one of the following conditions:
(a) By the Department, if the AGENCY fails to perform its duties under Paragraph 3,
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.
The term of this Agreement commences upon execution.
•
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8. To the extent permitted by law, the AGENCY shall indemnify and hold harmless 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 construct or 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 right-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 standards;
(c) The AGENCY agees to comply with the requirements of this Ageement with regard
to any additional landscaping installed;
(d) No change will be made in the payment terms established under item number five (5)
of this Agreement due to any increase in cost to the AGENCY resulting from the
installation of landscaping added under this item.
• 10. This writing embodies the entire Ageement 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.
11. The Depaztment, 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 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
pazagaph 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 year.
12. 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.
13. This Agreement may not be assigned or transferced by the AGENCY in whole or part
• without the consent of the Department.
14. This Ageement 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 Agreement and Florida law,
the laws of Florida shall prevail.
IN WITNESS 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
District Secretary
• Legal Approval
Attest: (SEAL)
Executive Secretary
Legal Approval
•
•
SECTION NO.:
FIN NO.(s):
COUNTY:
S.R. NO.:
CONTRACT NO.:
EXHIBIT "A"
i
PROJECT LOCATION
State Road 811 (Alternate A-1-A) from south Viliage limits to north Village limits
•
•
SECTIONNO
FIN NO.Is):
COUNTY:
S.R. NO.:
CONTRACT NO.:
EXHIBIT "B"
.: 53080
40568315401
_Palm Beach
SR 81 (Alt A-1-al _
AG 705
The Department agrees to reimburse the AGENCY for the installation of the project as
reflected in the plans attached hereto and incorporated herein.
•
SECTION N0.:93080
FIN NO.(s): 40 5 6831 5401
• COUNTY: Palm Baach
S.R. NO.: $11 IAIt A-1-Al
CONTRACT NO.: AG 705
ATTACHMENT "C"
(GENERAL)
PROJECT COST
This Exhibit forms an integral part of the Highway Beautification Grant
Agreement between the State of Florida, Department of Transportation and
the AGENCY.
Dated
PROJECT COST: $50.488
Village of North Palm Beach 25,244
• Department of Transportation 25.244
TOTAL $ 50,488
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