1997-028 FDOT Grant & Maint. Memo re U.S. 1 Landscaping•
RESOLUTION NO. 28-97
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 U.S.
HIGHWAY ONE MEDIANS NORTH OF PARKER
BRIDGE AND LOCATED WITHIN THE
VILLAGE AND THE DEPARTMENT OF
TRANSPORTATION WOULD REIMBURSE THE
VILLAGE A PORTION OF COSTS THEREOF
• NOT TO EXCEED $10,497.50; 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 U.S. Highway One medians north of Parker Bridge and
located within the Village and the Department of Transportation
would reimburse the Village a portion of costs thereof not to
exceed $10,497.50.
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 AllOP'I'ED THIS 24th DAY OF
APRIL
1997.
(Village Seal)
A
MAYOR
ll1STRICT FOUR (4)
• HIGHWAY BEAUTHTICATION GRANT AND
MAINTENANCE MEMORANDUM OF AGREEMENT
DSF-REIMB
Contract Number AE G29
THIS AGREEMENT, made and entered into this day of A_pr 24 1997 , by and between
the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, a component agency of
the State of Florida, hereinafter called the "DEPARTMENT" and the Villaee of North Palm Beach
apolitical 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 siz (6) lane highway facility as described in Exhibit "A"
attached hereto and incorporated by reference herein, within the corporate limits of the AGENCY;
and
WIiEREAS, the AGENCY is of the opinion that said highway facility that co~rtains
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.28-97 dated Aar 24, 1997 ,
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 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:
2. The AGENCY agrees to maintain the landscaping within the median and areas outside the
travel way to the right of way line, excluding sidewalk, by periodic trimming, cutting,
• ~iiowing, 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 (hazdscape) within the median and areas outside the travel way to the right of
way fine, excluding sidewalk, on Department of Transportation right-of--way within the limits
of the i'roject. 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 tlient 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
ltazdscape 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 ofway line, excluding sidewalk. Plants shall be those
items which would be scientifically classified as plants and include but are not limited to trees,
grass, or sluubs.
The above named functions to be performed by the AGENCY, shall be subject to periodic
utspections 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 incurred, or
• (c) Terminate the Agreement in accordance with Paragraph 6 of this Agreement and
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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.
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 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.
The Department agrees to reimburse the AGENCY an amount not to exceecl$10.497.50 ,
as defined in Attachment "C". Subject to this limit, the Department will pay only for the
following costs:
(a) Sprinkler/irrigation system
(b) Plaut materials and fertilizers/soil amendments.
(c Paver bricks & other hardscape items.
. The Department's participation in the project cost, as described in Attachment "C" is limited to only
those items wluch are directly related to tlus 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 Arclutect 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 Agreement, 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 shat( 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.
6.
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(e) 1'he 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.
Tlris 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.
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 thg Department. The
AGENCY shall not change or deviate from said plans without written approval by
the Department.
(b) Afl landscaping shall be developed and implemented in accordance with appropriate
state safety and road design standards;
(c) The AGENCY agrees to comply with the requ'rrentertts 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 AGENCY resulting from the
installation of landscaping added under this item.
10. Tlris writing embodies the entire Agreement and understanding between the parties hereto and
there are no other Agreements grid understanding, oral or written, with reference to the
subject matter hereof that are not merged herein and superseded hereby.
11- The Department, during any fiscal year, shall not expend money, incur any liability, or enter
into any contract wliclr, 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. 1'he 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
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 year.
12. The Department's District Secretary shall decide all questions, difficulties and disputes of any
nature whatsoever that r-ray 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 transferred by the AGENCY in whole or part
without the consent of the Department.
14, Tlus Agreement shall be governed by and constnred 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.
1N WITNESS WAEIZL:~F, the parties hereto have caused these presents to be executed the
day and year first above written.
AGENCY
S1'A'TE OF FLORIllA
llEPARTMENI' OF T
Secretary
l~y,~, ~;, ,_
Executive
Lcb. I Approval
JOB NO.:
WPI NO.(s1:
COUNTY:
S.R. NO.:
CONTRACT NO.:
EXHIBIT "A"
PROJECT LOCA'
Parker Bridge north to PGA Bvld.
JOB NO.: A~n~o_z~a~
WPI NO.(sl: a71889~
COUNTY: Palm 8aarh _
S.R. NO.: CR -r+
CONTRACT NO.: AE G29
EXHIBIT "B"
The Department agrees to reimburse the AGENCY for the installation of the project as
reflected in the plans attached hereto and incorporated herein.
Please see attached plans
r 1
~J
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JOB NO.: A~010-3541
WPI NO.(s): a11RRQ3
COUNTY: Palm Raarh
S.R. NO.: CR 5
CONTRACT NO.: nF 6 n
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
• I. PROJECT COST: 53o.R~5
Village of North Palam Beach 20,377.50
Deoartment of Transportation 1o,a97.50
8 30,87b.00
• C:\WPDOCIADMINIOSF.f1El 4ovltlon 0 7 /1 010 61
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