Res 46-00. !
RESOLUTION NO. 46-00
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DE!,RAY BEACH, FLORIDA, APPROVING THE HIGHWAY
BEAUTIFICATION GRANT AND MAINTENANCE MEMORANDUM
OF AGREEMENT.
WHEREAS, the State of Florida Depaxtment of Transportation (Depa~maent), as a part of
updating the State of Florida Highway system, has agreed to reimburse the City up to sixty-eight thousand
dollars ($68,000.00) of the one hundred thirty-six thousand dollars ($136,000.00) cost to beautify State Road
806 (Atlantic Avenue) from Swinton Avenue to NW/SW 2"d Avenue under the terms of the Highway
Beautification Grant and Maintenance Memorandum of Agreement (the Agreement); and
WHEREAS, the City Commission of the City of Dekay Beach desires to enter into the
Agreement, hereby approves the Agreement, and authorizes the execution 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.
Section 2. That this resolution shall take effect immediately upon passage.
PASSED AND ADOPTED in rega~lar session on this the 6m day of June, 2000.
MAYOR
ATYEST:
City Clerk
DISTRICT FOUR (4)
HIGHWAY BEAUTIFICATION GRANT AND
MAINTENANCE MEMORANDUM OF AGREEMENT
DSF-REIMB
CONTRACT NUMBER
PBC MPO 1999-2000
THIS AGREEMENT, made and entered into this day of 19~, by and between
the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, a component agency of
the State of Florida, hereinafter called the "DEPARTMENT" and theCity of Delray 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 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. dated ,19 ,
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 and conditions:
A. The current Florida of Department of Transportation Roadway and Traffic Design
Standard index 546 must be adhered to,
B. Clear zone/horizontal clearance as specified in the Plans Preparation Manual - Metric
Volume 1, 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 perform 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 though 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 7900 Forest Hill
Boulevard, West Palm Beach, Fl 33413, a twenty-four (24) hour access 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 offpeak hours
(9AM to 3PM),
I .The AGENCY shall be responsible to clear all utilities, including the signal system
communication cable,within the project limits
J. The AGENCY shall notify the local maintenance office forty-eight (48) hours prior to the
start of the project,
o
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 pans 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
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 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
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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.
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 correct 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
Co)
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
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/hardscapeafter which time
the Department may remove the same and any mitigation required for remaining
landscape/hardscape shall be the responsibility of the AGENCY.
o
The Department agrees to reimburse the AGENCY an amount not to exceedS68.000
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.
(c) Paver bricks, header curbs & other hardscape items.
The Department's participationin the project cost, as described in Attachment"C" is limited to only
those items which are directly related to this project. Payment shall not be made until (1)
certification of a~ceptance 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)(b),
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 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.
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,
4
10.
11.
Florida Statutes and made or received by the AGENCY in conjunction with this
Agreement.
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 construct or maintain the project in conformance with the
standards described in Section 2 of this agreement. Nothing contained herein shall be
deemed a waiver of the agency's sovereign immunity pursuant to F.S. 768.28.
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 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 AGENCY resulting from 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 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
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 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 transferred by the AGENCY in whole or part
without the consent of the Department.
14.
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 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
Mayor or Chairman
District Secretary
Attest: .(SEAL) Attest: (SEAL)
Town Clerk
Legal Approval
Executive Secretary
Legal Approval
6
SECTION NO.
FIN NO.(s):
COUNTY:
S.R. NO.:
93030
40868415801
Palm Beach
806
EXHIBIT "A"
PROJECT LOCATION.
S.R. 806 (Atlantic Avenue) from Swinton Avenue to N.W./S.W. 2nd Avenue
7
SECTION NO.:
FIN NO.(s):
COUNTY:
S.R. NO.:
93030
40868415801
Palm Beach
806
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.
SECTION N0:93030
FIN NO.(s): 40868415801
COUNTY: Palm Beach
S.R. NO.:
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:
$136.000
Department of Transportation
City of Delray Beach
TOTAL
$ 68,000
68,000
$136,000
C \WPIX)C"~d)MII'ADSF REI (revision 07/10/95)
I:ITY OF DELRI:IY BEI:II:H
CITY ATTORNEY'S OFFICE
DELRAY BEACH
]993 DATE: May 22, 2000
TO:
FROM:
SUBJECT:
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Writer's D~rect Line 561/243-7091
MEMORANDUM
David Harden, City M~vger
R. Brian Shutt, Assistant City Attorney
MPO Grant- Maintenance Memorandum of Agreement and Resolution for
S.R. 806 From Swinton Avenue to N.W./S.W. 2nd Avenue
Enclosed is a copy of an agreement and resolution for the beautification of the above-
mentioned roadway.
I will send the four originals and the resolution, a copy of which is to be affixed to the
agreements, to the City Clerk.
Please place the agreement and resolution on the City Commission agenda for approval. I
have reviewed and approved the agreements as to legal sufficiency and form.
Enclosure
cc: Alison MacGregor Harty, City Clerk