Res 10-07
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RESOLUTION NO. 10-07
A RESOLUTION OF THE CIlY COMMISSION OF THE CIlY OF
DELRA Y BEACH, FLORIDA, AUTHORIZING THE PROPER CIlY
OFFICIALS TO EXECUTE A MAINTENANCE MEMORANDUM OF
AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION FOR MAINTENANCE BY THE CIlY OF A
PORTION OF STATE ROUTE 806 LOCATED WITHIN THE CIlY
OF DELRA Y BEACH; PROVIDING FOR CONFLICTS; PROVIDING
AN EFFECTIVE DATE
NOW, THEREFORE, BE IT RESOLVED BY THE CIlY COMMISSION OF
THE CIlY OF DELRA Y BEACH, FLORIDA:
Section 1. That the appropriate City officials of the City of Dekay Beach are
authorized to execute a Maintenance Memorandum of Agreement on behalf of the City with
the State of Florida Department of Transportation, for maintenance by the City of a portion
of State Route 806, a copy of which Agreement in substantial form as Exhibit "A", is
attached. The City Manager and City Attorney are authorized to make minor revisions to
such Agreement as are deemed necessary and proper for the best interests of the City.
Section 2. That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
Section 3. That this Resolution shall be in full force and effect immediately upon its
adoption.
'" ~ PASSED AND ADOPTED In regular session on this the ~ ~ day of
~ .2007.
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~J_~
YOR
ATTEST:
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City Clerk
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[IT' DF DELIA' IEA[H
DELRAY BEACH
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Ail-America City
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CITY CLERK 100 NW 1st AVENUE
DELRAY BEACH, FLORIDA 33444 . 561/243-7000
1993
2001
CERTIFICATION
I, CHEVELLE D. NUBIN, City Clerk of the City of Delray Beach, do
hereby certify that the attached document is a true and correct copy of
Resolution No. 10-07, as the same was passed and adopted by the Delray
Beach City Commission in regular session on the 6th day of February, 2007.
IN WITNESS WHEREOF, I have hereunto set my hand and the
official seal of the City of Delray Beach, Florida, on this the 8th day of
February, 2007.
~~.~~
Chevelle D. N ubin, CMC
City Clerk
. City of Delray Beach, Florida
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MEMORANDUM
TO:
FROM:
MAYOR AND CIlY COMMISSIONERS
CIlY MANAGER ())fl
AGENDA ITEM # -vq:? - REGULAR MEETING OF FEBRUARY 6.2007
RESOLUTION NO. 10-07/FLORIDA DEPARTMENT OF
TRANSPORTATION (FDOT)/ATLANTIC AVENUE BRIDGE
UNDERPASS ART PROJECT
SUBJECT:
DATE:
FEBRUARY 2, 2007
This is before Commission to consider adoption of Resolution No. 10-07 authorizing execution of a
Maintenance Memorandum of Agreement with the Florida Department of Transportation (FD01)
for the installation of public art and landscaping under the Atlantic Avenue Bridge. FDOT will make
appropriate revisions to the agreement once final drawings are provided by the City. Other than
routine maintenance, there will be no cost to the City.
Recommend approval of Resolution No. 10-07 authorizing execution of a Maintenance
Memorandum of Agreement with the Florida Department of Transportation (FD01) for the
installation of public art and landscaping under the Atlantic Avenue Bridge.
S:\City Oerk\AGENDA COVER MEMOS\City Manager Memos\city manager's memo Res No 10-07 Atlantic Ave Bridge Underpass Art Project.0206.07.doc
City Of Delray Beach
Department of Environmental Services
MEMORAN
D
u
M
TO: David T. Harden
FROM: Randal L. Krejcarek, PE
DATE: 29 Jan 2007
SUBJECT: Atlantic Ave Bridge Underpass Art Project
City Project # 2006-045
Commission Agenda Item
The attached agenda item is to request for Commission approval/authorization for Mayor to
execute Maintenance Memorandum of Agreement with Florida Department of Transportation
(FOOT) for the installation of public art and landscaping under the Atlantic Ave Bridge. FOOT
requires the City be responsible for maintaining any public art and landscaping placed on or
under the bridge.
The attached agreement is FOOT's standard maintenance agreement utilized when FOOT
funds, but does not maintain landscaping within FOOT rights-of-way. This agreement will be
modified to reflect all costs for the installation and maintenance of the art work and landscaping
will be the responsibility of the City. FOOT will make the appropriate modifications once the
final drawings are received from the Artist.
Other than routine maintenance, there will be no cost to the City.
A location map is attached.
If this meets with your approval, please place it on the 06 February 2007 Commission meeting,
for approval.
Thanks!
enc
cc: Richard C. Hasko, PE, Environmental Services Director
Chevelle Nubin, City Clerk
Project File
c: IDocuments and SettingslsmithdlLocal Settingsl Temporary Internet FilesIOLKD5EI2007-02-06 agenda memo
(2). DOC
From: Shutt, Brian
Sent: Friday, February 02, 2007 8:06 AM
To: Smith, Douglas
Cc: Krejcarek, Randal
Subject: FOOT Maintenance Agt on the Atlantic Ave. Bridge Underpass
pagl1
Smith, Douglas
The attached agreement will be legally sufficient once we attach the appropriate exhibits and complete the blanks with the terms
applicable to this project, however, it is my understanding from Randal that FOOT will not be able to do this until they see the final
drawings on this project, which will not be presented to them until after this meeting.
R. Brian Shutt
Assistant City Attorney
200 N.W. 1st Avenue
Delray Beach, FL 33444
(561 )243-7091
Fax (561 )278-4755
shutt@ci.delrav-beach.f1.us
2/2/2007
RESOLUTION NO. 10-07
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, AUTHORIZING THE PROPER CITY
OFFICIALS TO EXECUTE A MAINTENANCE MEMORANDUM OF
AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION FOR MAINTENANCE BY THE CITY OF A
PORTION OF STATE ROUTE 806 LOCATED WITHIN THE CITY OF
DELRA Y BEACH; PROVIDING FOR CONFLICTS; PROVIDING AN
EFFECTIVE DATE
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA:
Section 1. That the appropriate City officials of the City of Delray Beach are
authorized to execute a Maintenance Memorandum of Agreement on behalf of the City
with the State of Florida Department of Transportation, for maintenance by the City of a
portion of State Route 806, a copy of which Agreement in substantial form as Exhibit
"A", is attached. The City Manager and City Attorney are authorized to make minor
revisions to such Agreement as are deemed necessary and proper for the best interests of
the City.
Section 2. That all resolutions or parts of resolutions in conflict with this
Resolution are repealed to the extent of such conflict.
Section 3. That this Resolution shall be in full force and effect immediately upon
its adoption.
PASSED AND ADOPTED III regular seSSIOn on this the _ day of
,2007.
MAYOR
ATTEST:
City Clerk
SECTION NO.:
FM NO.(s):
COUNTY:
S.R. NO.:
Palm Beach
806
DISTRICT FOUR (4)
MAINTENANCE MEMORANDUM OF AGREEMENT
THIS AGREEMENT, made and entered into this day of 20-, by
and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, a
component 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.
WIT N E SSE T H:
WHEREAS, the DEPARTMENT has jurisdiction over State Route 806 as part ofthe State
Highway System; and
WHEREAS, as part of the continual updating ofthe State of Florida Highway System, the
DEPARTMENT, for the purpose of safety, protection of the investment and other reasons, has
constructed and does maintain the 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 standard
concrete sidewalk, shall be maintained by periodic trimming, cutting, weeding, mowing, fertilizing,
litter pick-up, necessary replanting, irrigation repairs, and median concrete replacements as needed;
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 , 20_,
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:
1. The DEPARTMENT hereby agrees to install or cause to be installed landscape, irrigation
and/or hardscape on the highway facilities substantially as specified in the initial plans and
specifications hereinafter referred to as the Project and incorporated herein as Exhibit B. If
there are any major changes to the plans, the Department shall provide the modified plans
and the AGENCY shall provide their approval or disapproval within 10 business days. The
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Department may elect to withdraw the landscape if changes are not approved wihin the given
time frame. Hardscape shall mean any non-standard roadway, sidewalk or median surface
such as, but not limited to interlocking concrete or brick pavers, stamped asphalt and
stamped concrete.
2. The AGENCY agrees to maintain the landscape and irrigation within the medians and areas
outside the travel way to the right of way line by periodic trimming, cutting, mowing,
fertilizing, curb and sidewalk edging, litter pickup and necessary replanting, following the
DEPARTMENT'S landscape safety and plant care guidelines. The AGENCY'S
responsibility for maintenance shall include all landscaped/turfed areas and areas covered
with interlocking pavers or similar type surfacing (hardscape) within the median and areas
within the travel way to the right of way line, including paver sidewalks, paver intersections
and all paver header curbs, stamped asphalt and concrete areas. 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: (I) 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 ofthe 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 to 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.
If it becomes necessary to provide utilities to the median or side areas (water/electricity) for
these improvements, all costs associated with irrigation maintenance, impact fees and
connections as well as on-going cost of water are the maintaining AGENCY'S
responsibili ty.
The above named functions to be performed by the AGENCY, may be subject to periodic
inspections by the DEPARTMENT at the discretion of 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.
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3. If at any time after the AGENCY has assumed the landscape 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 ofthis 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) Maintain the landscape 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 Paragraph 7 of this Agreement and
remove, by DEPARTMENT or contractor's personnel, all of the
landscape/hardscape 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 landscape 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 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 landscape after which time the
DEPARTMENT may remove same. All permits (including tree permits), fees, and any
mitigation associated with the removal, relocation or adjustments ofthese improvements are
the maintaining AGENCY'S responsibility.
5. The DEPARTMENT agrees to enter into a contract for the installation oflandscape Project
for an amount not to exceed $ :a!J~~(l)(l)g as defined in Exhibit C.
The DEPARTMENT'S participation in the Project cost, as described in Exhibit C is limited
to only those items which are directly related to this Project. The AGENCY shall be invited
to assist the DEPARTMENT in final inspection at the end of the contractor's 365 day
warranty and establishment period.
6. The AGENCY agrees to reimburse the DEPARTMENT all monies expended for the
Project, should the landscape/hardscape areas fail to be maintained in accordance with the
terms and conditions of this Agreement.
7. This Agreement maybe terminated under anyone (1) of the following conditions:
(a) By the DEPARTMENT, ifthe 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
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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 ofthe AGENCY'S negligent performance ofthe work under this agreement, or
due to the failure ofthe AGENCY to maintain the Project in conformance with the standards
described in Section 2 of this Agreement.
10. The AGENCY may construct additionallandscape/hardscape 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 landscape/hardscape 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 landscape 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 landscape installed;
(d) No change will be made in the payment terms established under item number five (5)
ofthis Agreement due to any increase in cost to the DEPARTMENT resulting from
the installation of landscape added under this paragraph.
11. 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 hereofthat are not merged herein and superseded hereby.
12. 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 ofthis 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 one (1) year, but any contract so made shall be executory
only for the value ofthe 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 TWENTY FNE THOUSAND
DOLLARS ($25,000.00) and which have a term for a period of more than 1 year.
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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 character, 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 ofthe DEPARTMENT.
15. This Agreement shall be governed by and construed in accordance with the laws ofthe State
of Florida. In the event of a conflict between any portion ofthe contract and Florida law, the
laws of Florida shall prevail.
16. Any and all notices given or required under this Agreement shall be in writing and either
personally delivered with receipt acknowledgement or sent by certified mail, return receipt
requested. All notices shall be sent to the following addresses:
If to the Department:
State of Florida Department of Transportation
3400 West Commercial Blvd.
Ft. Lauderdale, FL 33309-3421
Attention: Elisabeth A. Hassett, R.L.A.
FDOT District IV Landscape Architect
If to the Agency:
City of Delray Beach
100 NW 1st Avenue
Delray Beach, FL 33444
Attention: Randal L. Krejcarek, P .E.
City Engineer
IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective the
day and year first above written.
AGENCY
STATE OF FLORI DA
DEPARTMENT OF TRANSPORTATION
By:
By:
Chairperson
Transportation Development Director Date
Attest:
Clerk
(SEAL)
Attest:
Executive Secretary
(SEAL)
Approval as to Form
Date
Approval as to Form
Date
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I. PROJECT LOCATION:
State Road 806 from (M.P.
II. PROJECT LOCATION MAP:
EXHIBIT A
to
SECTION NO.:
FM NO.(s):
COUNTY:
S.R.NO.:
(M.P.
Palm Beach
806
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SECTION NO.:
FM NO.(s):
COUNTY:
S.R. NO.:
Palm Beach
806
EXHIBIT B
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 prepared by
Dated
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SECTION NO.:
FM NO.(s):
COUNTY:
S.R. NO.:
Palm Beach
806
EXHIBIT C
PROJECT COST
This Exhibit forms an integral part of the DISTRICT FOUR (4) HIGHWAY MAINTENANCE
MEMORANDUM OF AGREEMENT between the State of Florida, Department of
Transportation and the AGENCY.
Dated
1.
APPROXIMATE PROJECT COST:
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Date:
29 J an 2007
AGENDA ITEM NUMBER:~
AGENDA REQUEST
Request to be placed on:
----X-Consent Agenda _Regular Agenda _Workshop Agenda _Special Agenda
When:
06 Feb 2007
Description of Agenda Item (who, what, where, how much):
Request for Commission approval/authorization for Mayor to execute Maintenance
Memorandum of Agreement with Florida Department of Transportation (FDOT) for
the installation of public art under the Atlantic Ave Bridge. FDOT requires the City
be responsible for maintaining any public art placed on or under the bridge.
Staff Recommendation: ~val
Department Head Signature: ~ ~ .ff~
!--/ - 01
City Attorney ReviewlRecommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: Yes / No Initials:
Account Number
Description
Account Balance:
Funding Alternatives: (if applicable)
City Manager Review:
Approved for Agenda: & No Initials: 4-
Hold Until:
Agenda Coordinator Review:
Received:
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