R00-064RESOLUTION NO. R00-~z-//
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING
AND DIRECTING THE MAYOR AND CITY CLERK TO
EXECUTE A MAINTENANCE MEMORANDUM OF
AGREEMENT BETWEEN THE STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION AND THE CITY
OF BOYNTON BEACH, FOR STATE ROAD 804
(BOYNTON BEACH BOULEVARD) FROM OLD
BOYNTON ROAD WEST TO STATE ROAD 807
(CONGRESS AVENUE); AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the State Department of Transportation (FDOT) and the City
have worked cooperatively to effect certain improvements on State Road 804
(Boynton. Beach Boulevard) from Old Boynton Road west to State Road 807
(COngress Avenue); and
WHEREAS, all of the improvements to the subject area were completed and
funded by the FDOT, except irrigation; and
WHEREAS, upon recommendation of staff, the City Commission has
deemed it to be in the best interests of the citizens and residents of the City to enter
into a Maintenance Memorandum of Agreement with FDOT, for the maintenance
of the subject improvements;
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 does
hereby authorize and direct the Mayor and City Clerk to enter into a Maintenance
Memorandum of Agreement with the Florida Department of Transportation, for state
Road 804 (Boynton Beach Boulevard) from Old Boynton Road west to State Road
807 (Congress Avenue), said Agreement is attached
Section 2. This Resolution shall become
passage.
PASSED AND ADOPTED this /~
hereto as Exhibit "A".
effective immediately
· day of May, 2000.
upon
ATTEST:
-Cit~Clerk -
s:caVeso~ri~is~s~F-'~E~M~ f,~R 804 - 807 050900
CITY OF/~OYNTON BEACH, FLORIDA.
Vice Mayor
Mayor Pro Tem
Commissioner
Cor:n"~issioner
DISTRICT FOUR (4)
HIGHWAY BEAUTIFICATION and
MAINTENANCE MEMORANDUM OF AGREEMENT
DSF-MAINTENANCE
THIS AGREEMENT, made and entered into this ~/' ~day of.,f'~ ~1t~o0, 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 subdivisionofthe 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 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 NR~dated
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 and
irrigation on the highway facilities as specified in plans and specifications hereinafter
referred to as the Project; and incorporated herein as Exhibit "B"
The AGENCY, agrees to maintain the landscaping and irrigation within the medians and
areas outside the travel way to the right of way line, 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/turfed areas and areas covered w/th interlocking
pavers or similar type surfacing (hardscape) within 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 prune 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 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 and irrigation 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 (3 0) 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' spersonnel
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 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 adjacent state road be widened, altered or
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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.
o
The Department agrees to enter into a cOntract for the installation of landscape project for
an amount not to exceed $ 50,000 as defined in Attachment "C".
The Department'sparticipationin 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.
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.
(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.
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 Section 2 of this Agreement.
10.
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 implementedin accordance with the current Florida
of Department of Transportation Roadway and Traffic Design Standard index 546,
C. 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 Exhibit D,
D. Landscaping shall not obstruct roadside signs or permitted outdoor advertising signs,
E. 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 preform work in the
area, the system can be accommodated as much as possible,
F. 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 through the
local maintenance office,
G. 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 Roadway and Traffic Design Standards (series 600),
H. The AGENCY shall provide the local maintenance office located at 7900 Forest Hill
Boulevard, West Palm Beach, F1 33413 , a twenty -four (24) hour access telephone
number and the name of a responsible person that the Department may contact,
I. If there is a need to restrict the normal flow of traffic it shall be done on off peak hours
(9AM to 3PM)
J. The AGENCY shall be responsible to clear all utilities including the signal system
communication cable with in the project limits,
K. The AGENCY shall notify the local maintenance office forty-eight (48) hours prior to
the start of the project,
L. The AGENCY agrees to comply with the requirements of this Agreement with regard
to any additional landscaping installed;
M. 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 understandingbetween 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.
13.
14.
15.
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.
This Agreement may not be assigned or transferred by the AGENCY in whole or part
without the consent of the Department.
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 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
: Chairperson D~stnct Secretary -o
Age X~~t.'E-- // 2~ (SEAL)
¢ X "O' 0 ~ ~ k execuuve becret~y
Form Form
5
SECTION NO. 93200 -3510
FIN NO.(s): 22974.615201
COUNTY: Palm Beach
S.R. NO.: 804
EXHIBIT "A"
PROJECT LOCATION
State Road 804 ( Boynton Beach Boulevard ) from Old Boynton Road west to State
Road 807 ( Congress Avenue )
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SECTION NO.:
FIN NO:
COUNTY:
S.R. NO.:
93200-3510
22974615201
Palm Beach
804
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.
SECTION NO.:93200-3510
FIN NO: 22974615201
COUNTY: Palm Beach
S.R. NO.: 804
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:
Department of Transportation
City of Boynton Beach
TOTAL
$84,418.49
44,041.90
40,376.59
$84,418.49
C:\3~PDOC\ADM1N~SF.MAI(rev. 7/6/95)
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