Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
89-T
RESOLUTION No. 89'~' A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER AND HIS STAFF TO ENTER INTO A HIGHWAY BEAUTIFICATION GRANT MEMORANDUM OF AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION. WHEREAS, many roadside areas and median strips abutting Department of Transportation rights-of-way areas must be main- tained and attractively landscaped; and WHEREAS, the Mayor and City Corm~ission desire that the City of Boynton Beach beautify and improve various rights-of-way areas within the City of Boynton Beach by landscapng; and WHEREAS, the Mayor and City Commission of the City of Boynton Beach wish to authorize the City Manager and his staff to enter into a Highway Beautification Grant Memorandum of Agreement between the City of Boynton Beach and Florida Department of Transportation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA. Section 1. The Mayor and City Commission of the City of Boynton Beach hereby authorize the City-Manager and his staff to enter into a Highway Beautification Grant Memorandum of Agreement between the City of Boynton Beach and the State of Florida Department of Transportation. Section 2. The City Clerk of the City of Boynton Beach is hereby directed to send copies of this Resolution to the Department of Transportation and all other persons as directed by the Mayor and City Commission. PASSED AND ADOPTED this day of ///~ / , 1989 ATTEST: ~ _ (Corporate Seal ) CITY NTON B , FLORIDA ? Vi ce Mayor her CoFFmi ~si 6der ~ HIGHWAY BEAUTIFICATION GRANT MEMORANDUM OF AGREEMENT THIS AGREEMENT, made and entered into this day of 19 , by and between the STATE OF FLORIDA DEPAR'r~'~-~-'~ANS~ORTA~ a component agency of the Sta~Florida, hereinafter ' called the "DEPARTMENT" and the CITY OF BOYNTO~/N ~6~tical subdivision of the State of Florida, existing ~nder the Laws of Florida, hereinafter called the" CITY ,, WITNESSETH WHEREAS, as a 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 created roadside areas/median strips on the highway facilities outlined in Attachmet "A" within the corporate limits of the CITY OF BOYNTON BEACH and WHEREAS, the CITY is of the opinion that said highway facilities that contain ~_Fassed median$/uti~ shall be landscaped with various species of ground cover plantin~, shrubs, tdees an~palms 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 CITY by Resolution No. 89-T dated ~, 198~ a~ached hereto and'by this reference made a part e%-6~-eof, oesires to ent--~r into this Highway Beautification Grant 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 convenant and agree as follows: 1. The CITY shall install landscaping on the highway facilities outlined in Attachment "A" as specifie~ in plans and specifications included as Attachment "B". with the following exceptions: "NOiNE" The landascape installation to be performed by the CITY , shall be subject to periodic inspections by the Department. Such inspection findings will be shared with the CITY and shall be the bas~s of all decisions regarding payment reduct~'on, reworking or agreement termination. The CITY shall not change or deviate from said plans without Written approval byth---~-h-~ DEPARTMENT. 2. If at any time after the CITY has assumed the landscaping intallation responsibility above-mentioned, it shall come to the attention of the Department's District Secretary that the installation is not being performed pursuant to the terms of this Agreement, said District Secretary may at his option issue a written notice that a deficiency or exist(s), by sending a certified letter in care of ~ deficiencies CITY OF BEACH, FLORIDA ~©YNTON BRACH. P-O. BOX ~310. BOYNTON/~tO place S .4 - ,alu CITY on notice-thereof. Thereafter ~he CITY sh~]] have a period ~ thirty (30) calendar days within which to corrected deficiences. If said deficiencies are not corrected within this time period, the Department may at its option, proceed as follows: (a) Complete the installation o~ a part thereof, within Department or contractor's personnel and deduct the cost of suCh work from the final payment for said work or part thereof, or (b) ~nat~ Agreement in accordance with Paragraph 5 of this Agreement and remove, by Department or private contractor's personnel, all the ~ installed under this Agreement or any preceding agreements ~xc6pt as to turf grass and charge the CITY for the reasonable cos~ of such-removal. 3. 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 otherwise changed to meet with future criteria or planning of the Department. The CITY shall be given sixty (60) calendar days notice to remove sai~ landscaping after which time the Department may remove said landscaping. 4. The Department agrees to pay to the CITY the total sum of $45.7oo.31 or 50% of the total project cost a~defined in Attachmen~ "C", 'whichever in less. Subject to this limit, the Department will pay 0nly for those costs which are allowed by Section 339.2405(11) Florida Statutes: (a) Sprinkler/irrigation system (purchase and installation) (b) Plant materials and fertilizers/soil amendments (c) equipment and labor 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 50% payment shall not be made until (1) certification of acceptance is received.from the · CITY'S Landscape Architect; (2) the Highway Beautification Council has inspected or waived its inspection r.ights of the project; and (3) a Department Landscape Architect and his designee has approved the project for final payment. (a) Payment shall be made o~ly 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(2) (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 that bills for travel expenses specifically authorized by this. Agreement 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 CITY'S ~eneral accounting records, together with supporting documents and records, of the CTTY and all subcontractors performing work, and all other records of the CITY and subcontractors considered necessary by the Department~roper audit of costs. (e) The CITY agrees to return all monies received under the term~ of this Grant Agreement, to the Department, should the landscaped area fail to be maintained in accordance with the Maintenance Agreement. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day and year first above written. D--O~-Approval as to Date STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY: District Secretary ATTEST: (SEAL) Executiv~ Secrei~ar~y 5. This agreement may be terminated under any one of the following conditions: (a) By the Department, if the CITY fails to perform its duties under Paragraph 2, following ten (10) days written notice. (b) By the Department, for refusal by the CITY 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 C~TY in conjunction with this agreement. 6. The term of this Agreement commences upon execution. 7. The CITY covenants and agrees that it will indemnify and hold harmless DEPAR~:N~--~-d-all of DEPARTMENT's officers, agents, and employees from any claim, loss, damage, costs, charge or expense arising out of any act, action neglect or omission by CITY during the performance of the Agreement, whether direct or indirect, and Whether to any person or property to which DEPARTMENT or said parties may be subject, except that neither CITY nor any of its sub-contractors will be liable under this section for damages arising out of injury or damage to persons or property directly caused or resulting from the sole negligence of DEPARTMENT or any of its officers, agents or employees. 8. The CITY 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 CITY 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 CITY agrees to complete, execute and comply with the requirements of the Department's standard Maintenance Memorandum of Agreement provided as Attachment "D" to this agreement which by reference hereto shall be a part hereof; (d) No change will be made in the payment terms established under Item number four (4) of this agreement due to any increase in cost to the CITY resulting from the installation of landscaping ~'dded under this item. 9. This writing embodies the entire Agreement and understanding between the parties hereto and there are no other Agreements and understanding, oral or ~tten, with reference to the subject matter hereof that are not merged herein superseded hereby. 10. 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. 11. This Agreement may not be assigned or transferred by the CITY , in whole or in part without consent of the Department. 12. This Agreement, regardless of where executed, s-hall be governed by, and construed according to the Laws of the State of Florida. 3 CONTINUED Job No. WP! No, County SR No. EXAMPLE ATTACHMENT B (Landscape plans and specifications) ./ ~ROUNDCOVER/FLOWERS: (LG) LIRIOPE (LILY TURF ) FULL GALLONS 5,393 PLANTS (LM) LANTANA MONTEUIDENSIS (PURPLE LANTANA) 6" POTS, FULL 722 PLANTS (ANN) MARIGOLDS 10" - 12" FULL 256 PLANTS SPRINKLER/IRRIGATION SYSTEM: 1351.8 LINEAR FEET OF IRRIGATION SYSTEM INSTALLED BY CONTRACTOR. LANDSCAPED PLANS: ATTACHED. EXAMPLE ATTACHMENT B WPI No:_ County SR No. (Landscape plans and sp_ecifications) SPECIFI CAT IONS: TREES: (TF) TRACHYCARPUS FORTUNEI (WINDMILL PALM) 3' C.T., FULLY BRANCHED 15 PLANTS (./~J]) LIGUSTRUM JAPO~ICUM 10' - 12' X 6' SP., SINGLE 4' C.T. 16 PLANTS (PR) PHOENIX ROEBELLINI (DWARFT DATE PALM) 3.50.A, FULL, SINGLE TRUNK 14 PLANTS (CM) CALOPHYLLUM ANTILLANUM (BEAUTYLEAF) 12' X 15' SP.,4' C.T. 7 PLANTS (AW, PW) ACCELORRPHAPHE WRIGHTII (PAUROTIS PALM) MULTI-TRUNKED, 15' - 20' HT. 7 PLANTS SHRUBS: (AA) RHODODENDRON OBTUSUM (AZALEA, PURPLE) 14" - 16" O.A., FULL 180 PLANTS (AZ) RHODODENDRON OBTUSUM (AZALEA, RED RUFFLE) 14" - 16" O.A., FULL 652 PLANTS (CA) CRINUM AMABILIS (QUEEN LILY) 2' X 3' SQ. 17 PLANTS FXAMPLE ATTACHMENT A SRNo. _ ~ Locations LOCATION OF PROJECT: U. S. STATE ROAD ~1 (FEDERAL HIGHWAY) MEDIANS FROM SE 5th AVENUE TO NORTH ROAD. e SE 6TH AVENUE T6'SE 5TH AVENUE - FIRST MEDIAN AREA SOUTH OF SE 5TH AVENUE (~15'. ON PLANS). SE 5TH AVENUE TO SE 2ND AVENUE - FIRST AND SECOND MEDIAN AREAS (2) NORTH OF SE 5TH AVENUE (~14, ~13 ON PLANS). NE 10TH AVENUE TO NE 12TH AVENUE - ONLY MEDIAN BETWEEN THESE TWO ROADS (~11 ON PLANS). NE 12TH AVENUE TO NORTH ROAD - ONLY MEDIAN BETWEEN THESE TWO ROADS (~12 ON PLANS). NOTE: Mileposts (MP) are obtained from Department of Transportation Straight Line Oiagrams. EXAMPLE ATTACI4MENT D (A Maintenance Memorandum of Agreement with additional la~dscapin~ provisions_) NO ADDITIONAL LANDSCAPING PROVISIONS. .o. Attachment "C" (GENERAL) PROJECT COST This exhibit fox'ns an. lntmegral part bf the-Highway Beautification Grant Agreement between the Si;ate~Of Florida, Department of Transportation and CITY OF BOYNTON BEACH dated I. PRO'ii'CT COST: $ 89,471. oo TOTAL PROJECT COST ii. PARTICIPATION: Public Agency Participation In-Kind Cash Department Participation Primary (D) $ 89,471.00 (50 %) $ 43,770.69 lo~) o ~) (50 ~) or $45,700~hichever is less. TOTAL PROJECT COST $89,471.00