R99-063RESOLUTION NO. R99-~,.¢
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND
DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE
A DISTRICT FOUR (4) HIGHWAY BEAUTIFICATION
GRANT AND MAINTENANCE MEMORANDUM OF
AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH
("AGENCY") AND THE STATE OF FLORIDA DEPARTMENT
OF TRANSPORTATION ("DEPARTMENT"), FOR THE 1-95
OVERPASS MEDIANS OF WOOLBRIGHT ROAD AND
GATEWAY BOULEVARD; AUTHORIZING AND DIRECTING
THE MAYOR AND CITY CLERK TO EXECUTE THE
TEMPORARY USE AND OCCUPANCY PERMITS FOR
WOOLBRIGHT ROAD AND GATEWAY BOULEVARD; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City has received two 100% grants (ISTEA) which comprise
federal D.O.T. funds to provide landscape and irrigation improvements to the three
1-95 overpass medians on Wooibright Road and three 1-95 overpass medians on
Gateway Boulevard; and
WHEREAS~ D.O.T. will contract the installation of the improvements and the
City Park Division will provide perpetual maintenance on behalf of the City;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The City Commission of the City of Boynton Beach, Florida ,
upon
recommendation of staff, hereby authorizes and directs the Mayor and City Clerk to
execute a District Four (4) Highway Beautification Grant and Maintenance
Agreement and the necessary Temporary Use and Occupancy Permits for Woolbright
Road and Gateway Boulevard, which Agreements are attached hereto as composite
Exhibit "A".
Section 2.
passage.
That this Resolution shall become effective immediately upon
PASSED AND ADOPTED this
Cit~Clerk
(Corporate Seal)
day of May, 1999.
/ Vice Mayor
C .
/.~_~)mmlssio~er
Comm issloner
Commissioner
II
DISTRICT FOUR (4)
HIGHWAY BEAUTIFICATION GRANT AND
MAINTENANCE MEMORANDUM OF AGREEMENT
DSF-MAINTENANCE
TItIS AGREEMENT, made and entered into thisa~ 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 the City of Boynton
Beach, a political subdivision of the State of Florida, existing under the Laws of Florida, hereinafter
called the "AGENCY".
WITNESETH:
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 t6~ 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
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 N~,.~ dated '/7/~3/, 1 9~_~,
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 DEPARTMENT hereby agrees to install or cause to be installed landscaping on the
highway facilities as specified in plans and specifications hereinafter referred to as the
Project; and incorporated herein as Exhibit "B"
o
The AGENCY, agrees to maintain the landscaping within the medians, excluding sidewalk,
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/tufted areas and areas covered with
interlocking pavers or similar type surfacing (hard scape) within the median, excluding
sidewalk, paved roadway surfaces, grassed areas beyond the edge of pavement to the right-
of-way line, and driveways 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 prone 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 hard scape 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. Plants shall be
those items which would be scientifically classified as plants and include but are not limited
to trees, grass, or shrubs. The AGENCY will be allowed to perform the maintenance with
its staff or the AGENCY may select a qualified contractor to perform the maintenance.
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. The AGENCY'S obligation under this paragraph number two,
shall be subject to an annual appropriation by the City Commission. In the event an annual
appropriation is not approved, the DEPARTMENT may at its sole option terminate this
agreement in accordance with section 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 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 deficiencies. 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'S
personnel and invoice the AGENCY for expenses incurred, or
(b) Terminate the Agreement in accordance with Paragraph 6 of this Agreement and
2
remove, by Department or contractor'S personnel, all of the landscaping installed
under this Agreement or any preceding agreements and charge the AGENCY the
reaSonable cost of such removal.
o
o
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 adjacent state road be widened, altered or other wise
changed to meet with future criteria or planning of the Department. The AGENCY shall be
given sixty i60) calendar days notice that the department will be removing 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 $ 58,000 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 agrees 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. However, such amount shall be reduced ten percent (10%) per year for
each year of the Agreement. After ten years the AGENCY shall not be required to reimburse
the Department except for the cost of removal of landscaping installed pursuant to this
Agreement.
This Agreement may be terminated under any one of the following conditions:
(a)
By the Department, if the AGENCY falls 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 ail
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.
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.
3
10.
11.
12.
13.
14.
The AGENCY may construct additional landscaping 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 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;
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 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 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 Department'S District Secretary shall decide all questions, difficulties and disputes of
any nature whatsoever that may arise under or by reason df 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 assigned or transferred by the AGENCY in whole or part
without the consent of the Department.
4
15.
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 contract and Florida law, the
laws of Florida shall prevail.
IN WITNESS WI-IEREOF, 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: /LC//~t,.¢.~.N By:
' Mayor or Chairman /' ) District Secretary
~)~i ~ attest: / '~ ~,~
. ~ ~.-a Executive ~cret~
(}. C,~r~ ~ ,~,== ~. -
WPI NO.(S): 4128243 &
4128244
COUNTY: Palm Beach
S.R. NO.: N/A
EXHIBIT "A"
PROJECT LOCATION
Woolbright Road median landscapin9 east and west of 1-95 and Gateway median
landscaping from High Ridge Road to east of 1-95
6
WPI NO.(S): 4128243 &
4128244
COUNTY: Palm Beach
S.R. NO.: N/A
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.
7
WPI NO.(S): 4128243 &
4128244
COUNTY: Palm Beach
S.R. NO.: N/A
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 N/A
'PROJECT COST:
$ 32,000 (Woolbright Road) &
$ 26,000 (Gateway Boulevard)
ISTEA ENHANCEMENT FUNDS
G:\04~TRANPOR~CEXWOS~AGM'I~ CAP.WPD 8
TEMPORARY USE AND OCCUPANCY PERMIT
For Construction of Local Government Enhancement Improvements
LOCAL GOVERNMENT ROADWAY REFERENCE INFORMATION
Local Agency: City_ of Boynton Beach County:
Facility Name: Gateway Boulevard Project Limits:
Palm Beach C0tlnty
High Ridge Road to East of 1-95
FDOT PROJECT INFORMATION:
Work Program Item Number: 4128244
State Project Number:
93000-3587
DESCRIPTION OF PROPOSED CONSTRUCTION ACTIVITIES:
The Florida Department of Transportation is requesting approval from the above local agency to construct improvements to the above local
roadway, within the project limits identified above. These improvements are being constructed as a part of the
Intermodal Surface Transportation Efficiency Act (ISTEA) of 1991's Enhancement Program. The project described below is being
constructed, using Federal funds, at the request of the above local government. Tha project activities will consist of:
Construction of landscape beautification in three _crass medians on Gateway Blvd imrnedi_ate!y east of 1-95 to west of High RidgeRoad.
LOCATION OF PROPOSED CONSTRUCTION ACTIVITIES
AND CERTIFICATION OF OWNERSHIP:
City of Boynton Beach hereby certifies they own and are in possession of the below described right-of-way and will, to the extent
permitted by law, hold the Department harmless for any action against the Department which interferes with the Department's use,
possession or occupancy of the property or other right under the occupancy permit.
DESCRIPTION OF PROPERTY:
Per plans (ALL AREAS OUTSIDE TIlE FDOT PJW~
LIMITATION AND SPECIAL CONDITION~;
The following limitations and special conditions shall apply to this occupancy permit:
No Special Conditions
COMPLETION OF CONSTRUCTION
Upon completion of construction, the local agency shall become owner of the said improvements and shall be responsible for said
maintenance of same.
UBMITTED By;
Florida Department of Transportation
stgnature
(~ date
APPRGV~D By;
Local ~,overnment A~gency
~ stgnature tit0
.ff - l l - q q
date
G:~40~TRANPORT~ENHANCE~WOS~TEMPUSE2.PER
TEMPORARY USE AND OCCUPANCY PERMIT
For Construction of Local Government Enhancement Improvements
LOCAL GOVERNMENT ROAD,WAY REFERENCE INFORMATION
Local Agency: City of Boynton Beach County:
Facility Name: Woolbright Road Project Limits:
Palm Beach County
East and West of 1-95
FDOT PROJECT INFORMATION:
Work Program Item Number: 4128243
State Project Number:
93000-3586
DESCRIPTION OF PROPOSED CONSTRUCTION ACTIVITIES;
The Florida Department of Transportation is requesting approval from the above local agency to construct improvements to the above local
roadway, within the project limits identified above. 'These improvements are being constructed as a part of the
Intermodal Surface Transportation Efficiency Act (ISTEA) of 1991's Enhancement Program. The project described below is being
constructed, using Federal funds, at the request of the above local government. The project, activities will consist of:
Construction of landscape beautification in three ~ass medians on Woolbright Road immediately east and' west of 1-95.
LOCATION OF PROPOSED CONSTRUCTION ACTIVITIES
AND CERTIFICATION OF OWNERSHIP:
City of Bovnton Beach hereby certifies they own and are in possession of the below described right-of-way and will, to the extent
permitted by law, hold the Department harmless for any action against-the Department which interferes with the Department's use,
possession or occupancy of the property or other right under the occupancy permit.
DESCRIPTION OF PROPERTY;
Per Plans (ALL AREAS OUTSIDE THE FDOT R/W)
LIMITATION AND SPECIAL CONDITIONS:
The following limitations and special conditions shall apply to this occupancy permit:
No Special Conditions
COMPLETION OF CONSTRUCTION
Upon completion of construction, the local agency shall become owner of the said improvements and shall be responsible for said
maintenance of same.
Florida Department of Transportatio
stgnature '/ title
/date
Local Gg~vernment Agency
/ ' signature
date
G:~40~TRANPORT~ENHANCE~WOS\TEMPUS E 1 .PER