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2001-098 DOT Agreement for US 1 Landscaping/MaintenanceRESOLUTION 98-2001 • 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 STATE OF FLORIDA DEPARTMENT OF 'TRANSPORTATION (DOT) ATTACHED AS EXHIBIT "A", WHICH AGRF.EMF,NT I'ROVII~ES THAT DOT WILL INSTALL LANDSCAPING ON MEDIANS AND AREAS OUTSIDE 7'HE TRAVEL WAY ON STATE ROAD 5 (U.S. NO. I) LOCATED WITHIN THE MUNICIPAL LIMITS OF THE VILLAGE WITH VILLAGE TO MAINTAIN THE I,ANDSCAPF,/TURFEDRREAS AND AREAS COVERED WITH INTERLOCKING PAVERS; AND, PROVIDING FOR AN EFFECTIVE DATE. BIs IT KhSOLVED 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 State of Florida Department of Transportation (DOT) attached as Exhibit "A", which Agreement provides that DOT will install landscaping on medians and areas outside the travel way on State Road 5 (U.S. No. I) located within the municipal limits of the Village with Village to maintain the landscape/turfed areas and areas covered with interlocking pavers. Section 2. The Mayor and Village Clerk are hereby authorized and directed to execute the Agreement with State of Florida Department of Transportation (DOT) 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 ECEMB~D ~nni (Viliage Seal) AT7 i3ST: • ~ L VILLAGE CLERK Florida Department of Transportation DISTRICT IV -MAINTENANCE OFFICE JEB BUSH 3400 West Commercial Boulevard, Fort Lauderdale, Florida 33309-3421 covEwvOR Toll Free: (666) 336-5435 /Local: (954) 777.4200 / SC: 436-4200 Fax: (954)777.4207 January 7, 2002 Ms. Kathleen F. Kelly, CMC Village Clerk The Village of North Palm Beach 501 U.S. Highway 1 North Palm Beach, Florida 33408 Dear Ms. Kelly: THOMAS F. BARRY, JR. SECRETARY RE: Maintenance Memorandum of Agreement for U.S. 1 from Palmetto Road to Parker Bridge For your files, I have enclosed an executed Maintenance Memorandum of Agreement for the subject area. Should you have any questions, please call me at (954) 777-4219. Thank you. Sincerely, Carl B. Higgins, ~LyA District Landscape Architect CBH: dw Enclosure • www.dot.stete.fl.us ® RECVCIED PAPER DISTRICT FOUR (4) • MAINTENANCE MEMORANDUM OF AGREEMENT DSF-MAINTENANCE THIS AGREEMENT, made and entered into this aZ-clay of~' ~},~, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, a component 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. 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 limits of the AGENCY; and, WHEREAS, the AGENCY is of the opinion that said highway facilities that contain 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.dated~~/3 ~1, 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: The DEPARTMENT hereby agrees to install or cause to be installed landscaping on the highway facilities as specified in plans and specifications hereinafter referred to as the Project; and incorporated herein as Exhibit B 2. The AGENCY, agrees to maintain the landscaping within the medians and areas outside the travel way to the right of way line, excluding sidewalk, by periodic trimming, cutting, mowing, fertilizing, litter pickup and necessary replanting, 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 interlocking pavers or similaz • type surfacing (hazdscape) within the median and azeas within the travel way to the right of way line, including paver sidewalks, paver intersections and all paver header curbs, stamped asphalt and concrete azeas. It shall be the responsibility of the AGENCY to restore an unacceptable ride condition of the roadway caused by the differential characteristics of the • paver brick and/or the header curb 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 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 hazazd 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 azeas free from weeds and replacement of any areas becoming in disrepair so as to cause a safety hazard. 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 aze 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 shazed 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. 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 of AGENCY, to place said AGENCY on notice thereof. Thereafter the AGENCY shall have a period of thirty (30) calendaz days within which to correct the cited deficiencies. If said deficiencies aze not corrected within this time period, the Department may at its option, proceed as follows: (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 personnel, all ofthe landscaping/hazdscapes 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 • 2 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 with future criteria or planning of the Department. The AGENCY shall be given sixty (60) calendar days notice to remove said landscaping after which time the Department may remove same. The Department agrees to enter into a contract for the installation of landscape project for an amount not to exceed $ 350.000 as defined in Attachment AC. The Department's participation in the project cost, as described in Attachment A is limited to only those items which are directly related to this project. The agencies landscape architect or designee shall assist the Department in final inspection and provide written acceptance of the Project. 6. The AGENCY agrees to reimburse the Department all monies expended for the project, should the landscaped/hazdscape areas fail to be maintained in accordance with the terms and conditions of this Agreement. 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. 8. The term of this Agreement commences upon execution. 9. 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 maintain the Project in conformance with the standazds described in Section 2 of this Agreement. ] 0. 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 standards; • (c) The AGENCY agrees to comply with the requirements of this Agreement 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 Department resulting from the installation of landscaping added under this item. 1 ]. This writing embodies the entire agreement and understanding between the parties hereto and there aze no other agreements and understanding, oral or written, with reference to the subject matter hereof that aze 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 yeaz, 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 yeazs; and this pazagraph shall be incorporated verbatim in all contracts of the Department which aze 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 chazacter, quality, amount and value thereof; and his decision upon all claims, questions and disputes shall be final and conclusive upon 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. I5. 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. • 4 u IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day and year first above written. ~[° Clerk STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION sy: ~~~ District Secretary Executive „~ r~ ~~\: ~F74At•='- Approval as to Form Date Approval as to Form Date ~,~..~~. s-,~,r- ~ ~~r~~od ~ • 5 AGENCY • SECTION NO. 93040 FIN NO.(s): 22974715201 COUNTY: PALM BEACH S.R. NO.: 5 EXHIBIT "A" • PROJECT LOCATION State Road 5 (U.S.#1) from Silver Beach Road to Parker Bridge. Landscape limits shall be from Palmetto Road to Parker Bridge 6 • SECTION NO.: 93040 FIN NO: 22974715201 COUNTY: PALM BEACH S.R. NO.: 5 EXHIBIT B u The Department agrees to install the Project with a contractor in accordance with the plans and specifications attached hereto and incorporated herein. Please see attached plans. 7 SECTION N0.:93040 FIN NO: 22974715201 COUNTY: PALM BEACH S.R. NO.: 5 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: $ 350.000.00 C:\ W PDOQADMIMDSF.MAilrtv.7/695)