Res 10-04RESOLUTION NO. 10-04
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DF.T.RAY
BEACH, FLORIDA, APPROVING THE MAINTENANCE MEMORANDUM
OF AGREEMENT FOR IMPROVEMENTS TO US 1, 1200 FEET SOUTH OF
LINTON BOULEVARD TO 1500 FEET NORTH OF LINTON BOULEVARD
AND AUTHORIZING THE EXECUTION OF THE AGREEMENT.
WHEREAS, THE City of Delray Beach, Florida desires to approve the Maintenance
Memorandum of Agreement for certain landscaping, i,*igation and related improvements to US 1;
and
XY~-IEREAS, the City Commission authorizes the execution of the Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DFJ.RAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. The City Commission of the City of Delray Beach authorizes the entry into
the Maintenance Memorandum of Agreement No. AM 052 between the City and the Florida
Department of Transportation and authorizes the execution thereof.
ATI'I~ST:
Section 2. That the recitals set forth above are incorporated as if fully set forth herein.
PASSED AND ADOPTED in reg,,lur session on this the ~_ day' o~ 2004.
City Clerk
Memorandum
Community Improvement
Horticulturist
1993
2001
TO:
THROUGH:
FROM:
RE:
DATE:
DAVID T. HARDEN, CITY MANAGER
LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT ~/~
NANCY DAVILA, HORTICULTURIST ~)
US 1 & LINTON BEAUTIFICATION - FDOT MAINTENANCE
AGREEMENT
JANUARY 21, 2004
ITEM BEFORE THE COMMISSION
The item before the Commission is the approval of a maintenance agreement between the City of
Delray Beach and the Florida Department of Transportation (FDOT)for the three medians on US
1 near Linton Boulevard.
BACKGROUND
In November 2003, the City and FDOT entered into a Joint Partnership Agreement (JPA) for the
three medians on US 1, which enabled us to receive funding for the irrigation and landscape
improvements. Hand in hand with the JPA is the Maintenance Memorandum of Agreement
(MOA) which defines the City's responsibilities for future maintenance.
RECOMMENDATION
Staffrecommends the City Commission give favorable consideration to the Maintenance MOA.
Once the agreement is executed by the FDOT and returned, the City can issue the Notice to
Proceed to the Landscape Contractor for this project.
RESOLUTION NO. 10-04
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DRI.RAY
BEACH, FLORIDA, APPROVING THE MAINTENANCE MEMORANDUM
OF AGREEMENT FOR IMPROVEMENTS TO US 1, 1200 FEET SOUTH OF
LINTON BOULEVARD TO 1500 FEET NORTH OF LINTON BOULEVARD
AND AUTHORIZING THE EXECUTION OF THE AGREEMENT.
WHEREAS, THE City of Delray Beach, Florida desires to approve the Maintenance
Memorandum of Agreement for certain landscaping, irrigation and related improvements to US 1;
and
WHEREAS, the City Commission authorizes the execution of the Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DI~J.RAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. The City Commission of the City of Delray Beach autho~/~es the entry into
the Maintenance Memorandum of Agreement No. AM 052 between the City and the Florida
Depaitment of Transportation and authorizes the execution thereof.
Section 2. That the recitals set forth above are incorporated as if fully set forth herein.
PASSED AND ADOPTED in regmhr session on this the __ day of
., 2004.
ATI'EST:
MAYOR
City Clerk
JEB BUSH
GOVERNOR
Florida Department of Transportation
Planning & Environmental Management
3400 West Commercial Boulevard
Fort Lauderdale, Fl 33309-3421
Telephone: (954) 777-4330
Fax: (954) 777-4310
JOSl~ ABREU
SECRETARY
January 14, 2004
Ms. Nancy Davila
City Horticulturist
Community Improvements Department
City of Delray Beach
100 NW 1st Avenue
Delray Beach, FL 33444
Dear Ms. Davila:
RE: District Four (4) Joint Partnership Agreement (JPA) for SR 5 (US 1) from 1200 feet
south of Linton Boulevard to 1500 feet north of Linton Boulevard
Enclosed are four original MOAs and a set of plans that reflect the landscape improvements that
will be constructed under State Financial Project Number 41346015801 for SR 5 (US 1)
Please have these executed by the City Council at their earliest convenience returning all to me
with one sealed copy of the Resolution approving such action. Rick Chesser, the Department's
District Secretary, will execute and date the originals returning one for your file.
Call me at 954-777-4219 ifI can be of further help.
Sincerely,
Elisabeth A. Hassett, R.L.A.
District IV Landscape Architect
Enclosures
CC: file
SECTION NO.: 930100
FM NO.: 41346015801
COUNTY: Palm Beach County
S.R. NO.: 5
DISTRICT FOUR (4)
MAINTENANCE MEMORANDUM OF AGREEMENT
DSF-MAINTENANCE
CONTRACT NO.: AM 052
THIS AGREEMENT, made and entered into this __ day of 2003, 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.
WITNESSETH:
WHEREAS, the DEPARTMENT has jurisdiction over State Road 5 as part of the State
Highway System; and
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 facilities that contains
landscape medians and areas outside of the travel way to the right of way line, excluding standard
sidewalk, shall be maintained by periodic trimming, cutting, mowing, fertilizing, litter pick-up,
necessary replanting, irrigation repairs, and median concrete (hardscape) 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 ~ 200_,
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 landscape, irrigation, and
and/or hardscape on the highway facilities as specified in plans and specifications
incorporated herein as Exhibit B. The DEPARTMENT shall participate in the cost through a
separate agreement. 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.
The following are exceptions and conditions of this agreement:
(a) The current Florida of Department of Transportation Design Standard Index 546 and 700
must be adhered to,
(b) Clear zone/horizontal clearance as specified in the Plans Preparation Manual ~ English
Volume 1, Chapter 2 must be adhered to,
(c) Landscape 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)
for these improvements, it shall be the AGENCY'S responsibility to obtain a permit for
such work through the local maintenance office and pay all costs associated with
irrigation maintenance, impact fees and connections, as well as on-going cost of water
provsions.
(0
During the installation of the project and future maintenance operations, maintenance of
traffic shall be in accordance with the current edition of the MUTCD and the current
Department Design Standards (series 600),
(g) The AGENCY shall provide the local maintenance offi~ce located at 7900 Forest Hill
Blvd., West Palm Beach (561-432-4966) a twenty-four (24) hour 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 off-peak hours (9
AM to 3 PM), and the party performing such work shall give notice to the local law
enforcement agency within whose jurisdiction such road is located prior to commencing
work on the project. The DEPARTMENT's Public Information Office shall also be
notified,
(i) The AGENCY shall be responsible to clear all utilities within the project limits,
0) The AGENCY shall notify the local maintenance office forty-eight (48) hours prior to
the start of the project.
The AGENCY agrees to maintain the landscape, irrigation and/or hardscape within the
medians and/or areas outside the travel way to the right of way line, by periodic trimming,
cutting, mowing, curb and sidewalk edging, fertilizing, irrigation repairs, litter pickup and
necessary replanting as needed following the DEPARTMENT'S landscape safety and plant
care guidelines. Hardscape shall mean, but not limited to, any non-standard roadway,
sidewalk or median surface such as interlocking pavers, stamped asphalt and stamped
concrete.
The AGENCY'S responsibility for maintenance shall include all improvements shown on
the plans incorporated herein as Exhibit B within the median and/or areas outside the travel
way to the right of way line that may include nonstandard sidewalks and median hardscape
areas which then shall include paver and header curb repairs or replacements as needed.
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 (1) removing dead or diseased parts of plants, or (2)
pruning such parts thereof which present a visual safety 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 litter removed from the median and areas outside
the travel way to the right of way line. To maintain also means to keep the header curbs that
contain the hardscape and the brick pavers in optimum condition. 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 undertaken 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 of this Agreement, said District Secretarymay 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 6 of this Agreement and
remove, by DEPARTMENT or contractor's personnel, all of the
landscape/irrigation/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.
It is understood between the parties hereto that the landscape/hardscape 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/hardscape
after which time the Department may remove same.
The AGENCY agrees to perform the final inspection and provide written certification that
all safety requirements have been met and for acceptance of the Project.
6. This Agreement may be terminated under any one (1) of tl~ 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.
7. 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
described in Sections 1 and 2 of this Agreement.
The AGENCY may construct additional landscape 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 shall be subject to approval by the DEPARTMENT.
The AGENCY shall not change or deviate from said plans without written approval
by the DEPARTMENT.
All landscape and irrigation 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 at no cost to the DEPARTMENT.
10.
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.
11.
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 enJering into any such contract or
other binding commitment of flmds. Nothing herein contained shall prevent the making of
contracts for periods exceeding one 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 TWENTY FIVE THOUSAND DOLLARS ($25,000.00) and
which have a term for a period of more than one 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 Qfthe State
of Florida. In the event of a conflict between any portion of the contract and Florida law, the
laws of Florida shall prevail.
15.
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
Planning & Enviromental Management
340 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
Community Improvements Department
100 NW 1st Avenue
Delray Beach, FL 33444
Attention: Nancy Davila
City Horticulturist
IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective
the day and year first above written.
AGENCY
STATE OF FLORIDA
DEPARTMENT OFTRANSPORTATION
By:
Chairperson/Mayor
By:
District Secretary
Attest: (SEAL) Attest:
Clerk
Executive Secretary
.(SEAL)
Approval as to Form Date
Approval as to Form
Date
SECTION NO.: 930100
FM NO.: 41346015801
CONTRACT NO.: AM 052
COUNTY: Palm Beach County
S.R. NO.: 5
EXHIBIT A
PROJECT LOCATION:
At State Road 5 CutS 1) 1,200 feet south of Linton Boulevard (M.P. 7.897) to 1,500 feet north of
Linton Boulevard (M.P. 8.408)
SECTION NO.: 930100
FM NO.: 41346015801
CONTRACT NO.: AM 052
COUNTY: Palm Beach County
S.R. NO.: 5
EXHIBIT B
See attached plans prepared by Jerry Turner & Associates, dated July 7, 2003.
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'
Date: January 26, 2004 Agenda Item No. ~
Agenda request to be placed on:
__ Regular __ Special
When: February 3, 2004
Description of Agenda Item:
AGENDA REQUEST
Workshop X Consent
FDOT Maintenance Agreement for U.S. 1 and Linton Blvd Beautification
Ordinance/Resolution Required: Yes / No Draft Attached: Yes / No
Recommendation: Approval
Department Head Signature:
City Attorney Review/Recommendation (if applicable)
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: Yes / No
Funding Alternatives:
Account # & Description:
Account Balance:
(if applicable)
City Manager Review:
Approved for agenda: (~/No ~j~
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved / Disapproved