1971-35 Agreement with DOT re Landscaping of US 1 MedianRESOLUTION N0. 35-71
A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH,
FLORIDA, AUTHORIZING THE MAYOR AND VILLAGE CLERK TO ENTER INTO AN AGREE-
MENT WITI{ THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, PROVIDING
FOR T}fE DEPARTMENT OF TRANSPORTATION TO LANDSCAPE THE MEDIAN STRIP ON
U. S. HIGHWAY 1 (STATE ROAD N0. 5) FROM NORTHLAKE BOULEVARD TO PARKER
BRIDGE; AND PROVIDING FOR THE VILLAGE OF NORTH PALM BEACH TO INSTALL AN
IRRIGATION SYSTEM AND TO MAINTAIN SAID LANDSCAPING AND IRRIGATION SYSTEM.
WHEREAS, the State Department of Transportation has agreed
to landscape the median strip located on U. S. Highway No. 1 (State Road
No. 5) from Northlake Boulevard to Parker Bridge, provided the Village
of North Palm Beach will be responsible for the maintenance of said
landscaping; and
W}~REAS, The Village Council at its meeting on December 9, 1971
agreed that the Village of North Palm Beach will maintain said land-
scaping and further that the Village will install an irrigation system
in the median strip to provide adequate water therefor;
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORT}i
PALM BEAC}{, FLORIDA:
Section 1. That the Mayor and Village Clerk are hereby author-
ized to enter into an agreement with the Florida State Department of
Transportation to landscape the median strip located on U. S. Highway No.
1 (State Road No. 5) from Northlake Boulevard to Parker Bridge (State
Job 93040), and providing for the Village to install an irrigation
system in the median strip and to maintain said landscaping and irrigation
system.
' Section 2. That a copy of said Agreement shall be attached
hereto and made a part of this Resolution.
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PASSEll AND ADOPTED THIS 9 DAY OF DECEMBER, 1971.
' /s/ H. Mallory Privett, Jr.
MAYOR
ATTEST:
/s/ Dolores R. Walker
Village Clerk
APPROVEll AS TO FORM AND TEXT BY VILLAGE ATTORNEY HERBERT L. GILDAN
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• HIGFIWAY LANDSCAPING,
JOINT PROJECT AGREEMF~I
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THIS AGREEMENT made and entered into this ~~ ~ day
of /~. 19702, by and between the STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION, an Agency of the State of Florida,
hereinafter called the DEPARTMENT, and Tf{E VILLAGE OF NORTH PALM
BEACfI, a municipal corporAtion in Palm Beach County, Florida,
existing under the laws of Florida, hereinafter called the CITY;
W I T N E S S E T H:
WHEREAS, as a part of the continual updating of the
State Highway System, the DEPARTMENT had widened U. S. Highway
No. 1 (State Road No. 5) from Northlake Boulevard to Parker,
Bridge ~oithin the. corporate limits of the CITY, as DEPARTMENT OF
TRANSPORTATION Project No. 93040-3502 and
WHEREAS, as a part of said project, for safety, a med-
ian strip dividing the traffic lanes has been created; and
WHEREAS, the entire length of this project is within
the corporate limits of the CITY; and
WHEREAS, all parties are of the opinion that said
median strip shall be attractively landscaped with various flora;
and
WHEREAS, the DEPARTMENT is agreeable to landscaping the
median strip using primary funds therefor, provided the CITY will
assume responsibility f'or proper maintenance of the entire
project and upon completion of the project, and from then on,
actually do such maintenance of such porttion of said median strip
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as lies within their corporate limits; a{~d
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WHEREAS, as a condition the CITY has required the
DFPARTMENT's permission .for the CITY to'install at their expense
an irrigation system in the median strip, which said irrigation
system the CITY will agree to maintain in addition to the land-
scaping project; and
WHEREAS, the DEPARTMENT has granted its permission;
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NOW, THEREFORE, the parties agree as follows:
I.
The DEPARTMENT will construct with primary funds, to
specifications, through the use of a contractor, said median
landscaping; the plans and specifications for said landscaping
in their entirety being sAt forth as State Project 93010-3507
which said plans and specifications are presently located in the
office of the District Engineer for the Fourth District, and,
as now constituted, are satisfactory. Said plans and specifica-
tions, although not attached hereto, are incorporated in this
Agreement by reference.
II.
It is understood between the parties hereto that the
CITY will construct, at their expense, an irrigation system to
adequately water said landscaping project which shall be to the
satisfaction of the District Engineer. Said irrigation system
to be operational when the landscaping project is turned over to
the CITY.
III.
Upon acceptance by the DEPARTMENT of the work by the
contractor in accordance with the usual standards of the
DEPARTMENT the CITY agrees to maintain the entire landscape
project within the CITY including the irrigation system.
IV.
To maintain, as set forth in Paragraph III herein as
the landscaping project means the proper watering and proper
fertilization of all plants and keeping them as free as practica-
ble, 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 the (1) removing of diseased parts of the plant, or
(2) pruning such parts thereof which present a visual hazard for
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those using the roadway. To maintain also means removing or
replacing dead or diseased plants in their entirety or removing
or replacing plants that fall below original project standards.
All plants removed for whatever reason shall be replaced by
plants of the same grade as specified in the original plans and
specifications and of a size compatible to those existing at the
time of replacement, unless written approval is obtained from
the District Engineer for the use of alternate material or
deletions. To maintain also means to keep litter removed from
the median strip or landscaped areas within the project.
Plants shall be those items which would be scientifi-
cally classified as plants and include but are not limited to,
trees, grass, or shrubs.
V.
If at any time after the construction and completion
of said landscaping project and after 'same has been turned over
to the CITY for maintenance, it shall come to the attention of
the District Engineer that the project or a part thereof is not
being properly maintained as herein provided, said District
Engineer may at his option issue a written notice of deficiency
or. deficiencies tahich exist(s), by Registered Mail in care
of Village Manager as to the CITY. Thereafter the CITY
shall have a period of .30 days within which to correct said
deficiencies. If they are not corrected within this time the
District Engineer may at his option declare the contract
forfeited as to offending party and if he shall declare the
contract forfeited, he shall have the option to do one of two
things:
(a) Maintain the median strip for the entire length
with DEPARTMENT or contractor's personnel and charge the offend-
ing party for the reasonable value of said work.
(b) Remove by DEPARTMENT mr contractor personnel
all of the landscaping, except as to grass, and plant the entire
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median strip in grass and charge the offending party the
reasonable value for such work.
VI.
The CITY agrees to .indemnify, defend, save and hold
harmless the DEPARTMENT from all claims, demands, liabilities,
and suits of any nature whatsoever arising out of, because of,
or due to the breach of this Agreement by them, their subcon-
tractors, agents or employees. It is specifically understood
and agreed that this indemnification agreement does not cover or
indemnify the DEPARTMENT for its own negligence or breach of
contract.
VII.
The DEPARTMENT'S District Engineer shall decide all
questions, difficulties and disputes of any nature whatsoever
that may arise uhder or by reason of this Agreement, the prose-
cution of fulfillment of the services hereunder and the characte
quality, amount and value thereof; and his decision upon all
claims, questions and disputes shall be final and conclusive
upon the parties hereto.
IN WITNESS PIHEREOF, the parties hereto have caused
these presents to be executed, the day and year first herein
nPPRGVEp RY DIRECTOR OP ROAD OP '?ATi GI:S
written. ,~_~"
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WITNESSESU: STATE OF FLORIDA ~/~
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By
to theybepartment
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ATTEST: ~,L(,,(8)5~~
Executivll', Secretary
~ THE- VfI~LLA~GJE OF//N~ORTH PALM BEACH
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As to the City Attest:
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