Res 07-00RESOLUTION NO. 7-00
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, APPROVING THE HIGHWAY
BEAUTIFICATION AND MAINTENANCE MEMORANDUM OF
AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION, TO PROVIDE FOR MAINTENANCE BY THE
CITY OF DFJ.RAY BEACH OF LANDSCAPE IMPROVEMENTS TO BE
INSTAI J.ED BY THE FLORIDA DEPARTMENT OF
TRANSPORTATION AS PART OF THE DEPARTMENT'S STATE
ROAD 9 (INTERSTATE-95) IMPROVEMENT PROJECT, FROM
LINTON BOULEVARD NORTH TO THE L-30 CANAL, AS MORE
PARTICULARLY DESCRIBED WITHIN SAID HIGHWAY
BEAUTIFICATION AND MAINTENANCE MEMORANDUM OF
AGREEMENT.
WHEREAS, the State of Florida Department of Transportation (Department), as part of the
continual updating of the State of Florida Highway System, intends to install or cause to be installed
landscaping on State Road 9 (Interstate-95) from Linton Boulevard north to the L-30 Canal (the Project) as
specified m plans and specflications for said project; and
WHEREAS, the City of Delray Beach, Florida, agrees to maintain the landscaping w/thin the
medians and areas outside the travel way to the fight-of-way line in accordance with the Department's
landscape safety and plant care guidelines; and
WHEREAS, the City Commission of the City of Delray Beach desires to enter into the
Highway Beautification and Maintenance Memorandum of Agreement, hereby approves same and
authorizes the executton thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitals set forth above are hereby incorporated as if fully set forth
herein.
~}ection 2. That this resolution shall take effect immediately upon passage.
PASSED AND ADOtrFED in regular session on,tis th~h, 2000.
;// Y
City Clerk ff - -
JEB BUSH
GOVERNOR
Florida Department of Transportation
DISTRICT 4 CONSULTANT-MANAGEMENT OFFICE
3400 W. Commerchfl Blvd., Fort I~uderdale, FL 33309-3421
Telephone: (954) 7774656 Fax: (954) 7774634
December 9, 1999
Ms..Nancy Davila
City_of..Delray*Beach-Horticulturist
100 NW l~.;Avenue
Delray Beach,- Florida 33444
THOMAS K BARRY, JR.
SECRETARY
Dear Ms. Dav-xla:
SUBJECT:
Final Landscape Plans
Design of the HOV-Lanes & Roadway Improvements,
S. of Linton Blvd. To The. LWDD (L-30) Canal.
State Road No. 9 (I-95)
F.M. No. 231916-1-52-01
W.P.I_ No. 4147553
-State Project No.-93220~3503
F.A.P. No. ATH-95-1(512)I
Palm Beach County
As per your request we are sending you 2 sets of the final plans
for Landscaping on this project for the coordination of the
Maintenance Agreement.
Please note that this project is scheduled for April 2000 Bid
letting, there this Maintenance Agreement is needed as soon as
possible.
If you have any questions or need any additional information,
please contact me at (954)777-4445.
Sincerely,
Henry Oaikhena, P.E.
Project Manager
cc: Carl Higgins, Perla Medina-KiD_ne, Mary Conway.
vvv~v, d or. state .fl. u s ~ RECYCLED PA"ER
Florida Department of Transportation
.~ ~USH DISTRICT MAINTENANCE - DISTRICT 4 T~OMAS F. ~a~¥, J~
GOVERNOR SECRETARY
34130 We~t Conum-nfi=l Bo~Jev,nl, lgt, r~ La~,~enlah, Florid~ 33309-3421
Tdepho..: (954) 7114200 Fu: (954) 1774223
November 24, 1999
Ms. Nancy Reinhart Davila
Horticulturist/Special Project Coordinator
100 N.W. - 1 st Avenue
Defray Beach, ~/~3444
RE: Maintenance Memorandums of Agreement for I-9S from Linton Boulevard north to
the L-30 Canal.
Enclosed are the Maintenance Memorandums of Agreement for subject area that need to be executed
by the City and returned to me for execution by the Department. Upon execution by the Department
one copy will be returned to you for the City's files. Also, as previously discussed, the City wanted
to relocate the large oak tree on the southeast comer of 1-95 and Linton Boulevard so as not to be
impacted by the new construction. If this is still the desire of the City please let me know so that the
Department and the City can make the necessary arrangements.
The Department is still willing to fund the cost of the relocation but the cost should be agreed to
prior to any work commencing. Also, this is almost the time frame that the tree needs to be prepared
for the move. The landscape materials, at the two interchanges, that will be removed for the new
construction may be relocatd by the City prior to the start of the project. If the City desires to
relocate any of this material, I would like to have a list of the materials that would be relocated so
that I may make arrangements with the County to relocate any materials that may not be relocated
by the City. The relocated sites are not a concern of the Department as long as the plant materials
remain on public lands.
Should you have any questions, please call me at (954) 777-4219. Thank you.
, ASLA
Landscape Architect
CBH/c
Enclos~e
www. dot. state, fl. u s {~ RECYC' ~V ~ER
12(21/99 ~ 16:39 FAX 561 278 4755 D£L BCH CTY ATI'Y 4~ COM~. IMPR0~Elfl~N ~001
£1TY OF OELAI:IY Bill[FI
CITY ATTORNEY'S OFFICE
1993
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
FAX TRANSMITTAL LETTER
DATE:
December 21, 1999
TO: Nancy Davila
FROM: Brian Shutt
PAGES: i
CITY ATTORNEY'S OFFICE
CITY OF DELRAY BEACH, FLORIDA
IF ANY OF THE PAGES ARE NOT CLEARLY RECEIVED, PLEASE
CALL (561) 243-7090 IMMEDIATELY.
COUNTS' Replace Paragraph 13 with the following: "This Agreement shall be
construed in accordance with the laws of the State of Florida~ In the event of any conflict
between any portion of the Agreement and Florida law, the laws of Florida shall prevail.
DISTRICT FOUR (4)
HIGHWAY BEAUTIFICATION and
MAINTENANCE MEMORANDUM OF AGREEMENT
DSF-MAINTENANCE
THIS AGREEMENT, made and entered into this . day of 19 . , by and
between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, a componem
agency of the State of Florida, hereinafter called the "DEPARTMENT" and the CITY of
DELRAY BEACH, a political subdivision of the State of Florida, existing under the Laws of
Florida, hereinafter called the "AGENCY".
WITNESSETH:
WttEREAS,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
V~rHEREAS,the parties hereto mutually recognize the need for entering into an Agreemem
designating and setting forth the responsibilities of each party; and
V~rFIEREAS, the AGENCY by Resolution No. dated , 1 9 ,
attached hereto and by this reference made a part hereof, desires to emer into this Agreement and
authorizes its officers to do so;
NOW THEREFORE, for and in consideration of the mutual benefits to flow eac]~ 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 plan~ and specifications hereinafter referred to as the
Project; and incorporated herein as Exhibit "B"
o
The AGENCY, agrees to malntainthe landscaping within the medians and areas outside the
travel way to the right of way line, excluding sidewalk, by periodic trimming, cutting,
mowing, fertili~iug, 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 0aardscape)wifffin the median and areas outside the travel way to the right of
way line, excluding sidewalk, 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 prime 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 whateverreason 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 hardscape 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 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, repayment, reworking or agreement termination. The
AGENCY shall not change or deviate from said plans without written approval of the Department.
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) calendar days within which to correct the cited defieiencies. If said
deficiencies are 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'spersonnel
and invoice the AGENCY for expenses incurred, or
Terminate the Agreement in accordance with Paragraph 6 of this Agreement and
remove, by Department or conlxactor'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 tiffs Agreement
may be removed, relocated or adjusted at any time in the furore as determined to be
necessary by the Department in order that the adjacent state road be widened,, altered or
2
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 $ . 2,200,000 . as defined in Attachment "C".
The Department's participation in the project cost, as described in Attachment"C" 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.
The AGENCY agjees to reimburse the Department all monies expended for the project,
should the landscaped area fail to be maintained in accordance with the terms and conditions
of this Agreement.
7. 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.
Co)
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.
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 standards des. cribed
in Section 2 of this Agreement
10.
The AGENCY may construct additionallandscaping within the limits of the fights-of-ways
identified as a result of this document, subject to the following conditions:
(a)
Plans for any new landscaping shall be subjec! to approval by the Department. The
AGENCY shall not change or deviate fi.om said plans without written approval by
the Department.
All landscaping shall be developed and implemented in accordance with appropriate
state safety and road design standards;
3
11.
12.
13.
14.
15.
(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 fr'om the
installation of landscaping added under this item.
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.
The Department, during any fiscal year, 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 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.
The Deparanent'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.
This Agreement may not be
without the consent of the Del
This Agreement shall be gover~
of Floridm In the event of a co.
laws of Florida shall prevail.
ex
whole or part
aws of the State
Florida law, the
4
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
By: By:
Chairperson
District Secretary
Attest:, (SEAL) Attest:. (SEAL)
Clerk
Executive Secretary
Approval as to Date Approval as to Date
Form Form
JOB NO.:
FIN NO:
COUNTY:
S.R. NO.:
93220-3503
~3191615201
pALM BEACH
PROJECT LOCATION.
State Road 9 (I-95) from Linton Boulevard north to Lo30 Canal
NOTE:
The City of Delary Beach will only be responsible for the maintenance of
the landscape materials and irrigation system along State Road 806
(Atlantic Avenue) and Linton Boulevard within the limits of State Road 9
(I-95) and any landscape improvements within the limited access right-
of-way. The plant material placed on the overpass enbankments and the
large machine mowing of the infields shall be the responsibility of the
Department of Transportation.
SECTION NO.:
FIN NO:
COUNTY:
S.R. NO.:
9322O-35O3
23191615201
Palm Beach
9
EXHIBIT "B'
The Departmem agrees to install the Project with a contractor in accordance with the
plans and specifications attached hereto and incorporated herein.
Please see attached plans.
SECTION NO.:93220-3503
FIN NO: 23191615201
COUNTY: Palm Beach
S.R. NO.: 9
ATTACI-IMENT "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:
$ 2,200,000.00
C-XWPDOCXADk~N~DSFAOJ (rev 7/6.95)
MEMORANDUM
TO:
THROUGH:
FROM:
RE:
DATE:
DAVID T. HARDEN, CITY MANAGER
LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT
NANCY DAVILA, HORTICULTURIST
FDOT MAINTENANCE AGREEMENT FOR INTERCHANGES AT 1-95 &
ATLANTIC AVE. & LINTON BLVD & LAKE IDA PARK BUFFER
JANUARY 13, 2000
ITEM BEFORE THE COMMISSION:
The item before the Commission is the approval of the Highway Beautification and Maintenance
Memorandum of Agreement between the Florida Department of Transportation and the City of Delray
Beach regarding the maintenance of the landscaping proposed in conjunction with the reconfiguration of
the 1-95 Interchanges at both Linton Boulevard and Atlantic Avenue. The maintenance agreement also
includes the proposed buffer within the 1-95 fight-of-way adjacent to Lake Ida Park.
BACKGROUND:
The FDOT will begin construction on the reconfiguration of the 1-95 interchanges at both Linton Boulevard
and Atlantic Avenue as part of the High Occupancy Vehicle (HOV) lane expansion within the next few
months. Essentially all of the existing landscaping will be removed and the interchanges completely
regraded and reconfigured. Irrigation and Landscaping are included in the FDOT's scope of work.
The City is currently party to a similar agreement, which was approved in 1989 when the City landscaped
the interchanges. The new agreement will supersede the previous agreement and also expand the areas to
be maintained by the City. The new areas include the landscape buffer which will be installed adjacent to
Lake Ida Park, and will also include landscaping along the embankments to the overpasses at SW 10~
Street and Lake Ida Road.
RECOMMENDATION:
Staff recommends the City Commission give favorable consideration to the approval of the Highway
Beautification and Maintenance Memorandum of Agreement between FDOT and the City of Delray Beach,
which will require the City to maintain the landscaping at the interchanges at 1-95/Linton Boulevard, 1-95/
Atlantic Avenue as well as the overpasses at Sw 10'h Street and Lake Ida Road, and the landscaping
adjacent to Lake Ida Park, within the 1-95 right-of-way.
[IT¥ I]F UELIIII¥ BEI:I[H
DELRAY BEACH
~1-.41111~i1~[~111/ 100 N.W. 1st AVENUE DELRAY BEACH, FLORIDA 33444 · 561/243-7000
MEMORANDUM
TO:
993
David Harden
City Manager
CITy. MA NA GER
FROM: Tim Simmons
Acting Parks Superintendent
THROUGH: Joe Weldon~
Director of~Parks and Recreation
SUBJECT: D.O.T. Maintenance Costs
DATE: February 28, 2000
The following is a breakdown of our maintenance costs for the pending
D.O.T. landscaping projects for Class C type maintenance.
Class C: Moderate level maintenance associated with locations with
moderate to low levels of development of visitations such as secondary
public facilities, medians, traffic islands, etc.
Buffer Zone Alon~ Lake Ida
Trim and Weed
Fertilize
Trim Sable Palms
Trim Hardwoods
720 man-hours
48 man-hours
56 man-hours
12 man-hours
$7,660.80
510.72
595.84
127.68
Class C - Total Cost $8,895.04
Atlantic Avenue Interchange
Mowing
Trim and Weed
Fertilize
Trim Sable Palms
Trim Hardwoods
Mulch
60 man-hours
384 man-hours
48 man-hours
76 man-hours
32 man-hours
72 man-hours
Class C - Total Cost $7,150.08
$638.40
4,085.76
510.72
808.64
340.48
766.08
THE EFFORT ALWAYS MATTERS
Pr~te~ on Recycled P~oer
Linton Boulevard Interchange
Mowing
Trim and Weed
Fertilize
Trim Sable Palms
Trim Hardwoods
Mulch
60 man-hours
384 man-hours
35 man-hours
100 man-hours
33 man-hours
72 man-hours
Class C - Total Cost $7,277.76
$638.40
4,085.76
372.40
1,064.00
351.12
766.08
The total cost for all three (3) areas if done in-house is $23,322.88.
Tim Simmons
Acting Parks Superintendent
cc: Joe Weldon
Director of Parks and Recreation
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