HomeMy WebLinkAbout2003-070 DISTRICT FOUR (4)
MAINTENANCE MEMORANDUM OF AGREEMENT
THIS AGREEMENT , made and entered into this 18 day of March 209 by
and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, a
component agency of the State of Florida, hereinafter called the DEPARTMENT and INDIAN
RIVER COUNTY, 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 SR-60 , a 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 standard
concrete 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 parry; and
WHEREAS , the AGENCY by Resolution No . 2003-031 dated March 18 , 2003 ,
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 DEPARTMENT hereby agrees to install or cause to be installed landscape, irrigation
and hardscape(s) on the highway facilities as specified in plans and specifications hereinafter
referred to as the Project; and incorporated herein as Exhibit B . Hardscape(s) shall mean any
non-standard roadway, sidewalk or median surface such as interlocking pavers, stamped
asphalt and stamped concrete .
2 . The AGENCY agrees to maintain the landscape within the medians and areas outside the
travel way to the right of way line by periodic trimming, cutting, mowing, fertilizing, curb
and sidewalk edging, litter pickup and necessary replanting, following the
DEPARTMENT ' s landscape safety and plant care guidelines . The AGENCY ' S
responsibility for maintenance shall include all landscaped/turfed areas and areas covered
with interlocking pavers or similar type surfacing (hardscape) within the median and areas
within the travel way to the right of way line , including paver sidewalks , paver intersections
and all paver header curbs , stamped asphalt and concrete areas . It shall be the responsibility
of the AGENCY to restore an unacceptable ride condition of the roadway caused by the
differential characteristics of the paver brick and/or the header curb 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 to 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, may be subject to periodic
inspections by the DEPARTMENT at the discretion of 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 .
3 . If at any time after the AGENCY has assumed the landscape 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) Maintain the landscape 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 7 of this Agreement and
remove, by DEPARTMENT or contractor ' s personnel , all of the
landscape/hardscapes installed under this Agreement or any preceding agreements
except as to trees and palms and charge the AGENCY the reasonable cost of such
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removal .
4 . It is understood between the parties hereto that the landscape 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 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 $ 78 , 035 . 00 as defined in Exhibit C .
The DEPARTMENT ' s participation in the project cost, as described in Exhibit 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 landscape/hardscape areas fail to be maintained in accordance with the
terms and conditions of this Agreement .
7 , This Agreement may be terminated under any one ( 1 ) 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 maintain the Project in conformance with the standards
described in Section 2 of this Agreement .
10 , The AGENCY may construct additional landscape/hardscape 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 landscape/hardscape shall be subject to approval by the
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DEPARTMENT . The AGENCY shall not change or deviate from said plans
without written approval by the DEPARTMENT .
(b) All landscape 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 landscape 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 landscape 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 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 TWENTY FIVE THOUSAND DOLLARS ($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 .
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective the
day and year first above written .
AGENCY STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
By: By .
Chairper o District Secretary
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Attest : ' .f (SEAL) Attest : J �( o
Clerk Executive ecretary s
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App val as to Form Date Approval as to Form Date
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7OUJAMES . ANDLERNTY AEMINISTRATOR
Indian River County Approved Dye
Administration
Budget
Co , Attorney
Risk Management i3 03
Department Z v3
Division
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SECTION NO. : 88060000
FM NO. (s) : 228568-1-52-01
COUNTY : Indian River
S .R. NO. : 60
EXHIBIT A
PROJECT LOCATION :
State Road 60 from east of 58th Ave . (M . P . 27 . 101 ) to west of 43rd Ave . (M . P . 28 . 090)
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SECTION NO. : 88060000
FM NO . (s) : 228568-1-52-01
COUNTY : Indian River
S . R. NO. : 60
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 PREPARED BY Earth Tech Inc . Dated
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SECTION NO. : 88060000
FM NO. (s) : 228568-1-52-01
COUNTY: Indian River
S.R. NO . : 60
EXHIBIT C
(GENERAL)
PROJECT COST
This Exhibit forms an integral part of the DISTRICT FOUR (4) HIGHWAY MAINTENANCE
MEMORANDUM OF AGREEMENT between the State of Florida, Department of
Transportation and the AGENCY .
Dated
I • APPROXIMATE PROJECT COST : $ 782035 . 00
S : \maint\landscape\SR60-228568- 1 —Ircounty. doc
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SR 60
INDIAN RIVER COUNTY
Cost Estimate
Pay Item Description Quanti $ Each
Landscape
$ Extention
582-2 Bou ainvillea 240 $ 10 . 00
Schefflera $ 2, 400 . 00
580 $ 12 . 00 $ 6, 960 . 00
D Fakahatchee Grass 655 $ 10 . 00 $ 61550 . 00
583 -4 Live Oak 16' 15
Sim son 's Sto er 10 ' $ 450. 00 $ 6, 750 . 00
583-3 Sabal Palm 29 $ 250 . 00 $ 61250 . 00
SUB TOTAL $ 175 . 00 $ 51075 . 00
Irrigation $ 33,985 . 00
590- 70 S ra Irrigation Heads 310 $ 35 . 00
Pump, Well, Controller, Rain 4 $ 10, 850 . 00
$ 4, 500 . 00 $ 18, 000 . 00
Sensor & Box
Valves 8 $ 400 . 00 $ 31200 . 00
Electrical service to ea Pum 4 $ 3, 000 . 00 $ 12, 000 . 00
SUB TOTAL $ 44, 050 .00
GRAND TOTAL $ 78, 035 . 00
prices for landscape include staking , guying , mulcing , etc.
sod is not included in this cost estimate
RESOLUTION NO , 2003= 031
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA,
APPROVING A FLORIDA DEPARTMENT OF
TRANSPORTATION MEMORANDUM OF AGREEMENT [FM#
228568 -1 -52 -011 FOR LANDSCAPING AND IRRIGATION
IMPROVEMENTS FOR SR60 FROM EAST OF 58T" AVENUE TO
WEST OF 43RD AVENUE
WHEREAS , the Board of County Commissioners (County) has received funding for
Landscaping and irritation improvements for SR60 from East of 58th Avenue to West of 43rd
Avenue from the Florida Department of Transportation ( FDOT) pursuant to the terms of a
Memorandum of Agreement (MOA) between FDOT and the County, prepared by FDOT, and
approved by County staff, and
WHEREAS , FDOT requires that the Board of County Commissioners adopt a resolution
approving the MOA and authorizing the execution of the MOA by the proper officials of the
County.
NOW, THEREFORE , BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board of County
Commissioners of Indian River County, Florida , hereby approves the MOA between the Board
of County Commissioners of Indian River County, Florida and FDOT in the form attached to this
Resolution as Exhibit A and authorizes the Chairman to execute such MOA .
The foregoing Resolution was offered by Commissioner Lowther
seconded by Commissioner Adams and
as follows : , and , upon being put to a vote , the vote was
Chairman Kenneth R . Macht Ave
Vice Chairman Caroline D . Ginn —Atsent
Commissioner Fran B . Adams Aye
Commissioner Arthur R . Neuberger _ Ave
Commissioner Thomas S . Lowther Aye
The Chairman thereupon declared this Resolution duly passed and adopted this 18th
day of March , 2003 ,
Attest : J . K. Barton , Clerk BOARD OF OUNTY MISSIONERS
BY E �' azov
Deputy Clerk /� By
nneth R . ch , Chairman
By iy�-•- �.._
James Chandler, ounty Administrator
Indian River County Approved Date
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Administration
Budget63
03 - 18 - 2003 Co . Attorney
Risk Management o1141.0 3
Department
Division