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FLORIDA DEPARTMENT OF TRANSPORTATION
LARMON CHILES i THOMAS R RARRX Jr.
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GOVERNOR� SECRETARY
DISTRICT MAINTENANCE - DISTRICT 4
3400 West Commercial Boulevard, Bort Lauderdale, Florida 33309-3421
Telephone: (305) 777-4200 Fax: (305) 777-4223
December 30, 1997
Ms. Sue Kruse, CMC/AAE
City Clerk
P. O. Box 310
Boynton Beach, Fl 33425
Dear Ms. Kruse:
RE: State Project No. 93200-3505
WPI No. 4118055
Enclosed please find an executed Maintenance Memorandum of Agreement for State Road 804
(Ocean Avenue) from State Road 5 (US# 1) to the Intracoastal Bridge.
Should you have any questions, please call. Thank you.
Sincerely,
Carl B. Higgins, AA
Landscape Architect
CBH/c
Enclosure
cc: A. El Halwagy
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® RECYCLED PAPER
DISTRICT FOUR (4)
HIGHWAY BEAUTIFICATION GRANT AND
MAINTENANCE MEMORANDUM OF AGREEMENT
DSF-MAINTENANCE
THIS AGREEMENT, made and entered into this 23 day of December 1997 , 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".
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 four 4 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 No.# 97-108 dated 07/15, 1997, 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"
2. The AGENCY, agrees to maintain the landscaping 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 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 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, 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, 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 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
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.
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 adjacent state road be widened, altered or otherwise
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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.
5. The Department agrees to enter into a contract for the installation of landscape project for
an amount not to exceed $ 700.000 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.
6. 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.
8. The term of this Agreement commences upon execution.
9. 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.
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 implemented in accordance with appropriate
state safety and road design standards,
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(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 Department resulting from the
installation of landscaping added under this item.
11. 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.
12. 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.
13. 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.
14. This Agreement may not be assigned or transferred by the AGENCY in whole or part
without the consent of the Department.
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 WHEREOF, the parties hereto have caused these presents to be
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executed the day and year first above written.
AGENCY
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
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By: ��� � � By: of Q-0-1
Mayor or Chairman)V District Secretary
AWW44A, &f (
Appro al as to Date
Form
Attest:
Executive Secretary
Approval as to Date
Form
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SOF FLn_
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EXHIBIT "A"
PROJECT LOCATION
JOB NO.: 93200-3505
WPI NO.(s): 4118055
COUNTY: Palm Reach
S.R. NO.: 804
STATE ROAD 804 (OCEAN AVENUE) FROM STATE ROAD FIVE TO
INTRACOASTAL BRIDGE
C
JOB NO.: 93200-3505
WPI NO.(s): 4118055
COUNTY: PALM BEACH
S.R. NO.: 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.
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JOB NO.:
WPI NO.(s):
COUNTY:
S.R. NO.:
ATTACHMENT "C"
(GENERAL)
PROJECT COST
93200-3505
4118055
PALM BEACH
804
This Exhibit forms an integral part of the Highway Beautification Grant Agreement
between the State of Florida, Department of Transportation and the AGENCY.
I. PROJECT COST:
C:\WPDOC\ADMRd1DSF.MA1(m.7/6/95)
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Dated 12/23/97
$ 700,000
RESOLUTION R97-/08
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING AND DIRECTING THE MAYOR
AND CITY CLERK TO EXECUTE A HIGHWAY
BEAUTIFICATION GRANT AND MAINTENANCE
MEMORANDUM OF AGREEMENT BETWEEN THE
CITY OF BOYNTON BEACH (CITY) AND THE
STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION (FDOT) FOR STATE ROAD 804;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, as part of the continual updating of the State of
Florida Highway System, the FDOT, for the purpose of safety, protection
of the investment and other reasons, has constructed and does
maintain a four lane highway facility on State Road 804; and
WHEREAS, the City of Boynton Beach 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;
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 does hereby authorize and direct the Mayor and City Clerk to
execute a Highway Beautification Grant and Maintenance
Memorandum of Agreement between the City of Boynton Beach and
the State of Florida Department of Transportation for State Road 804, a
copy of which Agreement is attached hereto as Exhibit "A".
Section 2. This Resolution will become effective immediately
upon passage.
PASSED AND ADOPTED this "day of July, 1997.
CITY OF BOYNTON BEACH, FLORIDA
Commissi n r -�
Commissioner
Commissioner
AT EST:
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CAy Clerk
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