HomeMy WebLinkAbout1998-140 7
RESOLUTION NO. 98..L4 0
A RESOLUTION OF INDIAN RIVER COUNTY,FLORIDA SUPPORTING
THE HIGHWAY BEAUTIFICATION AND MART MANCE AGREEMENT
FOR SPECIAL LANDSCAPING AT THE I-95/SR 60 INTERCHANGE
WHEREAS,the State of Florida Department of Transportation agrees to install and
establish or cause to install and establish special landscaping improvements in the I-95/SR 60
Interchange area if Indian River County agrees to maintain such improvements;and
WHEREAS,it is desirable that certain roadside areas within Florida Department of
Transportation rights-of-way must be maintained and should be attractively landscaped;and
WHEREAS,such improvements will build upon landscaping improvements already
provided by the Florida Department of Transportation;and
WHEREAS, such improvements will implement the county's adopted SR 60 Corridor
Plan which mandates public sector as well as private sector beautification enhancements along
the SR 60 entryway into the county,
NOW THEREFORE,be it resolved by the Board of County Commissioners of Indian
River County that the aunty hereby supports and approves the Ii<ighway Beautification and
Maintenance Memorandum of Agreement between the County and the State of Florida
Department of Transportation for special landscaping improvements in the I-95/SR 60
interchange area.
Trois is to certify that the foregoing is a true and correct copy of a resolution duly and
legally adopted by the Board of County Commissioners at a legal meeting held on this 15
dlycf December 1998.
BOARD OF COUNTY COMMISSIONERS
IND RIVER COUNTY,FLORIDA
BY
Jo .Tippin,Chan en
ATTE .� •. .
Patricia L.Jones .
IkPtity�Cigda• '
APPROVED AS TO FORM AND LEGAL
SUFFICIENCY BY:
P '
William 0.Collins
Deputy County Attomey
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AiTACMW T'
DISTRICT FOUR(4)
HIGHWAY BEAUTIFICATION AND
MAINTENANCE MEMORANDUM OF AGREEMENT
DSF-MANTENANCE
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, bereinafter called the "DEPARTMENT" and INDIAN RIVER
COUNTY, a political subdivision of the State of Florida, existing under the Laws of Florida,
hereinafter called"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(4(four)&4(eurll hme highway facilities as described in Exhibit
"A"attached hereto and incorporated by reference herein,within the jurisdictional limits of the
AGENCY;and
WHEREAS,the AGENCY is of the opinion that said highway facilities that contain special
landscape arm 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 nec eaaary
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
WHERF.AS,sheAGENC.Y-by.l cwLt tioa No. -We didj2KftpZLK9_V ,attached
hereto and by this m*tence made a part hereo&desires to enter into this Agreementand
its officers to do so;
NOW THEREFORE,for and in consideration of the mutual benefits to flow each to the
other,the patties covenant and agree as follows:
1. 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 area:outside the travel way
to the right of way line, excluding sidewalk, by periodic trimming, cutting, mowing,
fertilizing,litter pickup and nec euwY replanting,following the Department's landscape
safety►and plant cue guidelines. The DEPARTMENT will continue to mow the tarrf areas
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ATTAOM.NM 9
outside the landscape developed areas. The AGENCY's responsibility for maintenance shall
include all landscape areas and areas covered with interlocking pavers or similar type
surfacing(hardscape)in 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 fixe of weeds;to properly prune all planta 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 mans 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 rmwn shall be replaced by
plants of the acme size and grade as specified in the original plans and specifications. To
maintain also mems to keep the hardacape arena free from weeds and replacement of any
areas becoming in disrepair so as to c"a safety harard To maintain also means to keep
litter removed Som the 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 plana without written approval of the Department.
3. If at any time aft the AGENCY has assumed the landscaping installation and/or
maintenance responsibility abovamentioned, it shall come to the attention of the
Department's District Secretary that the limits gr a pan thereof is not properly maintained
`— j=—pUTtb-tlie UtW f this" kind Disttl`ctSecntiry may at his option ii:<re 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 we not corrected within this time period,the Departteat may at its option,
proceed as follows:
(a) Maiabin the Lmdsaping or a past thereof.with Department or contractor's personnel
and invoice the AGENCY for expenses incumxk or
(b) Terminate the Agreement in accordance with Paragraph 7 of this Agreement and
remove,by Department or contractor's personnel,all of the landscaping installed
under this Agreement or my preoeding agr MMU C=0 as to Mees and Palm and
charge the AGENCY the rmsonable cost of such removal.
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4. It is understood between the parties hereto that the landscaping covered by fids Agreement
may be removed, relocated or adjusted at any time in the fiftre as determined to be
necessary by the Departiment in order that the adjacent state road be widened,altered or
otherwise changed to meet with future criteria or planning of the Depart nentt. Tlie
AGENCY shall be given sixty(60)calendar days notice to remove aid landscaping ager
which time the Department may remove same.
S. The Department agrees to enter into a contract for the installation of the landscape project
for an amount not to exceed$750,000 as defined in Attachment"C".
The Dm's participation in the project coat,M deaM1W in Attaehomm"C"is limited to only
those items which are directly related to this project. The AGENCY'S landscape arrbitect or
designee shall assist the Department in$nal inspection and provide written scceptanee of the Project.
6. The AGENCY agrees to reimburse the Department all monies expended for the project,
should the landscaped ane fail to be maintained in accordance with the teams and conditions
of this Agreement.
7. This Agreement may be terminated under any on of the following conditions:
(a) By the Department,if the AGENCY fails to perform its ditties ander paragraph 3,
following thirty(30)days written notice.
(b) By the Department, for refusal by the AGENCY to allow public mom 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 eogju Wdon with this
Agreement.
8. The term of this Agreement commences upon the completion of the one (1) year
establishment period as outlined in Exhibit"B".
9. To the extent permitted by law, the AGENCY shall indemnify and hold harmless the
Dgmtne4 its offices and employees from all suite,actions,claims and liability arising out
of the AGENCY's negligent performance of the wodc under this agreement,or due to the
failure of the AGENCY to maintain the Project in oonform1M with the standards deem'bed
in Section 2 of this Agreemeatt.
10. The AGENCY may eonsfrirct additional landscaping within the limits of the righ.f-ways
identified as a result of this document,subject to the following conditions:
(a) Plans for any new landscel ft hall be subject to approval by the Department. The
AGENCY shall not change or deviate Som said plow without written approval by
the Department.
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(b) AU landscOpag shall be developed and implemented in ac condance with appropriate
state safety and road design standards;
(c) 7be AGENCY WM to comply with the requires mb of this Agreement with regard
to Y Additional landscaping installed;
(d) No change will be made in the payment terms established under item number five(S)
of this Agmement due to any increase in cost to the Department resulting from the
installation of landscaping added under this it=
11. This writing embodies the eetir+e
there are m other �re+aent and�between the patties hereto and
MR hereof that ��h superseded hereby.d Wderstsudingg orW or Witten, � to the subject
12. The Department,during any fiscal yew,shall not
expend
into any contract which,by its money,incur and liability,or enter
terms,involves the expenditure of
r"
amounts budgeted as available for expenditure during such fiscalfiscalY in access of the
or wduea,made in violation of this subsection's null and void,and no mon contract,verbal
on such contract. The Department shall �Y may be paid
Depardnent that funds are available ��a steement from the Comptroller of the
commitment of fiords. Nothing herein contained o owing into any such malting
naw or other binding
mods exceeding I Year',but any contract so made t> be put rng of COII tracts for
the services to be rendered or agreed to be paid for in executory ody for the value iof
s
P�Ph shall be' 0g fiscal Yom; sad this
amount in excess of 515 �pp �yiYe�l COMM f� ��are for an
period of more than 1 year.
13. The Department's District Secretary shall decide aU questions,difficulties and disputes
Y nawne whatsoever that may arise undo or by reason of this of
or fulfillment of the service hereunder and the character,quality,A °t'the prosecution
sad his decision upon all claims, � amount and value thereon;
questions and disputes"be final ano conclusive upon
the parties hereto.
his
14. T
withoutAgreement�of� t or
by the AGENCY in whole or part
15. This Agreement shall be govened by and tomato in
of Florida. in the event ofa conflict between any aecrordaaoe with the!aura of the State
laws of Florida shall prevail. Y P �of the contract and Florida ham,,the
IN WITNESS WHLUOF,the parties hereto have caused these pry to be executed the
day and year first above written.
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AGENCY STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
By - By; �`OF
C Board of CoMf C' ommi&sioners Dis 'ct Secretary
JOHN W,T IPPIN all
_
Attest: L) Attest: N&uz
.0
r
Approved as to D to A mved as to Date
Form Form
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JOB NO.: SSB---
WPI NO.(s): 4144W9
FINNO.: 2117771.31.p1
COUNTY:
S.R NO.: S,B� R_951
EXHIBIT"B"
Tae Department agrees to install the Project with a contractor in amrdma with the plans and
specificadons attached hereto and incorporated berein, The mgOmUbty of the AGENCY for
do MWntenanoe of the project will not comme=until after the one1
period has ended and the project has been. ( )Yew establishment
Agency. and DPW by the Department and the
Please we attached plana.
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JOB NO.: agog 1.34 17
WPI NO.(s): 41
FIN NO.: 2317771.31-01
COUNTY:
S.R.NO.: 60,A 9(291
ATTACIM4ENT"C"
(GENERAL)
PROJECT COST
This Exhibit foams an integral part of the Highway Beautification Agreement between the State of
Florida.DeFul memt of Transportation and the AGENCY.
Dated
I. PROJECT COST. $750,000
ukWWMnr&doc
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