Loading...
HomeMy WebLinkAboutResolution_23-95/96_04/11/1996 RESOLUTION NO. 23 - 95/96 • A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, APPROVING A HIGHWAY BEAUTIFICATION GRANT AND MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND AUTHORIZING THE MAYOR TO EXECUTE THE SAME ON BEHALF OF THE VILLAGE. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1. The District Four (4) Highway Beautification Grant and Maintenance Memorandum of Agreement DSF -REIMB with the State of Florida Department of Transportation, attached hereto as Exhibit "A" and incorporated by reference as a part of this Resolution, is hereby approved and the Mayor of the Village of Tequesta is authorized to execute the same on behalf of the Village of Tequesta. THE FOREGOING RESOLUTION WAS OFFERED by Councilmember Michael R. Meder , who moved its adoption. The motion was seconded by Councilmember Schauer and upon being put to a vote, the vote was as follows: • FOR ADOPTION AGAINST ADOPTION Joseoh N. Capretta Carl C. Hansen Ron T. Mackail Michael R. Medea Elizabeth A. Schau The Mayor thereupon declared the Resolution duly passed and adopted this 11th day of April, A.D., 1996. MAYOR OF TEQUESTA Ron T. Mackail ATTEST: oann Mangan' llo Village Clerk DISTRICT FOUR (4) HIGHWAY BEAUTIFICATION GRANT AND • MAINTENANCE MEMORANDUM OF AGREEMENT DSF -REIMB THIS AGREEMENT, made and entered into this 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 VILLAGE OF. TEOUESTA a political subdivision of the 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 facility that contains 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 No. 2 3 - 9 5 / 9 6dated Apr -1 119 9 6 , 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 AGENCY hereby agrees to install or cause to be installed landscaping on the highway facility as specified in plans and specifications included as Exhibit "B ", with if any, the following exceptions: 2. The AGENCY agrees to maintain the landscaping within the median and areas outside the travel way to the right of way line, excluding sidewak 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 with 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 proper 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 fitter removed from the median and areas outside the travel way of the right of way line, excluding sidewalk. 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 payment reduction, reworking or agreement termination. The AGENCY shall not change or deviate from said plans without written approval of the Department. • 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 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) Complete the installation or part thereofy Mth Department or Contractor's personnel and deduct the cost of such work from the final payment for said work or part thereof, or (b) Maintain the landscaping or a part thereof, with Department or Contractor's personnel and invoice the AGENCY for expenses incurred, or (c) Terminate the Agreement in accordance with Paragraph 6 of this Agreement and remove, by Department or private contractor's personnel, all of the landscaping 2 • 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 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 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 landscaping/hardscape after which time the Department may remove the same. 5. The Department agrees to reimburse the AGENCY an amount not to exceed$ 67.000.00 as defined in Attachment "C ". Subject to this limit, the Department will pay only for the following costs: (a) Sprinkler/'irrigation system (b) Plant materials and fertilizers/sod amendments. (c Paver bricks & other hardscape items. 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. Payment shall not be made until (1) certification of acceptance is received from the AGENCY's Landscape Architect/or designee and (2) a Department Landscape Architect and/or his designee has approved the project for final payment. • (a) Payment shall be made only 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(3)(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 bills for travel expenses specifically authorized by this Agreement, if any, 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 AGENCY's general accounting records, together with supporting documents and records, of the contractor and all subcontractors performing work, and all other records of the contractor and subcontractors 3 • considered necessary b} the Department for a proper audit of costs. (e) The AGENCY agrees to return all monies received under the terms of this Agreement, to the Department, should the landscaped area fail to be maintained in accordance with the terms and conditions of this Agreement. 6. 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, Mowing 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. 8. 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. • 9. The AGENCY 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 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; (c) 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 AGENCY resulting from the installation of landscaping added under this item. 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. • 4 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 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. 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 of the State of Florida. In the event of a conflict between any portion of the Agreement 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 By. /Q� �• � aa/bo�..� B y• Mayor or Chairman District Secretary Attest SEAL) Attest: (SEAL) IV Town Clak Executive Secretary See attached letter per Legal Approval Legal Approval John C. Randolph Village Attorney • 5 JONES, FOSTER, JOHNSTON & STUBBS, P.A. ATTORNEYS AND COUNSELORS FLAOLER CENTER TOWER • GN SOUTH FLAOLER DRIVE LARRY S ALEXANDER MIL T. V ANZ ELEVENTH FLOOR HENRY F. LAJENTHAL CARL ANGELO" JOHN SLAIR MOCRACKEN WEST PALM BEACH, FLORIDA 3NOI ISMIS E STEPHEN J. AUCAMP SCOTT L MGMULLEN HAPPY � M. TRACE SIAOIOTTI DAVID PRATT P. O. SOX 3475 18114 .1 11 11111 ON JOHNSTON J CLAY C. SROOKER JOHN C. RANDOLPH JOYCE A. CONWAr STEVEN J. ROTHMAN WEST PALM BEACH, FLORIDA =40l.147S R. BRLXX JONES MARGARET L COOPER PETER A. SACKS 19O412" EDWARD DIAZ D. CULVER SMITH E ( 060.1000 RESEOCA G. DOANE MONEY A. STUSSS FAX: (407) M - 1 464 PAUL C. WOLFE CHRISTOPHER S. DUKE ALLEN R. TOMUNSON 1m•NSS1 H. MICHAEL EASLEY JOHN S. TRIMPER SCOTT a HAWKINS MICHAEL P. WALSH RETIRED THORNTON r, HENRY BRIAN I. WAXMAN W1LLNM A. FOSTER PETERS. MOLTON H. ADAMS WEAVER OF C011l� MARK S. PI EINFELD WRITER'S DIRECT LINE: L MARTIN FLANAGAN JACK A. PLOW March 25, 1996 VIA FAX: 575 -6239 Mr. Gary Preston Village of Tequesta Post Office Box 3273 Tequesta, Florida 33469 RE: Village of Tequesta Florida Department of Transportation Agreement Our File No. 13153.1 • Dear Gary: I have reviewed the above referenced agreement and hereby approve same as to legal form and sufficiency. It appears that on page 1 you need to make reference to the Resolution number and incorporate that language within the agreement. Sincere , hn C. Randolph JCR /ssm • JOB NO.: 93040- 3133 WPI NO.(s): 41 19110 • COUNTY: Palm Reach S.R. NO.: 5 EXHIBIT "A" PROJECT LOCATION STATE ROAD 5 - U.S. #1 - VILLAGE OF TEQUESTA FROM BEACH ROAD (CR 707) NORTH TO COUNTY LINE • NOTE: Mileposts (MP) are obtained from Department of Transportation Straight Line Diagrams. • 6 JOB NO.: 94040- 3133 • WPI NO.M: 4119110 COUNTY: Palm Beach S.R. NO.: 5 EXHIBIT "B" The Department agrees to reimburse the AGENCY for the installation of the project as reflected in the plans attached hereto and incorporated herein. SEE ATTACHED PLANS • JOB NO.: 94040 . 3133 WPI NO. (s): 4119110 • COUNTY: PALM REACH S.R. NO.. 5 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: $ 67.000.00 • CIWPD0CUDA3ADSF.R£1(m um 07/1695) • 8 FLORIDA DEPAR'T'MENT OF TRANSPORTATION LAWTON CHILES DISTRICT MAINTENANC - DISTRICT 4 BEN G. WATTS GOVERNOR - Fl 00 SECRETARY 34 W��t Comm�reial Boularar�, Fort Laud�r�ala, orida 333093421 • - Trlep6na: (305) 777.4200 F &z: (305) 777 -4M February 28, 1996 Mr. Gary Preston Director of Public Works Village of Tequesta P.O. Box 3273 Tequesta, Florida 33469 Dear > ston: PW-71- Attached are the MAINTENANCE MEMORANDUMS OF AGREEMENT that need to be executed by the Village and returned to me for execution by the Department. Upon execution by the Department one copy will be returned to you for your files along with a NOTICE TO PROCEED with the project. Should you have any questions, please call. I would also appreciate if you would forward a final set • of the landscaping plans for our records. Thank you. Sincerely 1 B. &gins, ASLA Landscape Architect CBWC Attachment •