HomeMy WebLinkAbout1998-298DISTRICT FOUR (4)
HIGHWAY BEAUTIFICATION AND
MAINITNANCE , MEMORANDUM OF AGREEMENT
DSI -MAINTENANCE
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THIS AGREEMENT, made and entered into this —7 day 0 994—, by and
between the STATE OF FLORIDA DEPARTMENT OF TRANQ� RTATIONI, 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 "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 14 Wurl &.4 (loud lane highway facilities as described in Exhibit
"A" attached hereto and incorporated by reference herein, within the jurisdictional limits of the
AGENCY; and
WHEREAS, the AGF NCY is Of the 0PiuiO'1 that said highway ficilitics that contain special
landscape 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
W1 IEREAS, 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.Alatedhg4q,45SLI419_1_, attached
hereto and by this reference made a pan hereof, desires to enter into this Agreement and authorizes
its officers to do so;
NOW'ITIE'REFORE. for and in consideration or the mutual benefits to flow each to the
other, the parties covenant and agree as follows:
I The DEPARTMENT hereby agrees to install or cause to be installed landscaping on the
highway facilities as specified in plans and specifications liereinafter referred to as the
Project; and incorporated herein as Exhibit "B"
2. The AGENCY, agrees to maintain the landscaping within the 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 DEPARTMENT will continue to mow the turf areas
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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 (hardseape) 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
therm as free as practicable "roil disease and harmful insects, to properly mulch the plant
beds; to Deep the premises free of weeds; to properly prune all plants which includes (1)
removing dead or diseased parts of planus, 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 sons to cause a :safety hamrd. To maintain also means to keep
litter removed from the areas outside the travel way of the right of way line, "eluding
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.
3. If at any time after the: AG NCY 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
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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 (lays within which to correct the cited deficiencies, if said
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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 (hardseape) 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
therm as free as practicable "roil disease and harmful insects, to properly mulch the plant
beds; to Deep the premises free of weeds; to properly prune all plants which includes (1)
removing dead or diseased parts of planus, 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 sons to cause a :safety hamrd. To maintain also means to keep
litter removed from the areas outside the travel way of the right of way line, "eluding
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.
3. If at any time after the: AG NCY 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 (lays within which to correct the cited deficiencies, if said
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deficiencies are not corrected within this title period, the Department may at its option,'
proceed as follows:
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d Maintain the landscaping or a hart thereof, with Department or contractor's personnel
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and invoice the AGENCY for expenses incurred, or
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(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
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udder this Agreement or any preceding agreements except as to trees and palms and
charge the AGENCY the reasonable cost of'such removal.
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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 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 the landscape project
for an amount not to exceed $750,000 as defined in Attachment "C",
The Department's participation in the project cost, as described in Attachment "C" is limited to only
those iters which are directly related to this project, The AGENCY'S landscape architect c tect 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 my on of the following conditions:
(a) By the Department, if the AGENCY fails to perform its duties under Paragraph 3,
following thirty (30) days written notice.
(b) By the Department, for reffisal 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 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
Department, its officers and employees from all suits, actions, claims and liability arising out
of the AGENCY's negligent performance of the work tinder 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 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.
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(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 ofthis 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 Agrcenicilt due to any increase in cost to the Department resulting from the
installation of landscaping; added under this item,
]I. 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. *rhe Department, during any fiscal year, shall not expend money, incur and liability, or enter
into any contract which, by its ternis, 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, mid 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 bands. Nothing herein contained shall prevent the making of contracts for
periods exceeding I 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 contacts 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 I year.
13. The Department's District Sccrelaryiliall decide all questions, difficulties and disputes of
tiny 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, questionsalid disputes shall be final ane 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, tile parties hereto have caused these presents to be executed the
day and year first above written.
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PROJECT LOCATION
1-95 at State Road 60 INTERCHANGE
JOB NO.: 88081-3417
WPI NO.: 4144602
FIN NO.: ?�ZL,3 L-SZl
COUNTY: INDIAN RRIVER
S.R. NO.: 6019
EXHIBIT "`A"
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PROJECT LOCATION
1-95 at State Road 60 INTERCHANGE
JOB NO.: 88081-3417
WPI NO.: 4144602
FIN NO.: ?�ZL,3 L-SZl
COUNTY: INDIAN RRIVER
S.R. NO.: 6019
EXHIBIT "`A"
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EXHIBIT "B”
The Department agrees to install the Project with a contractor in accordance with the plans and
specifications attached hereto and incorporated herein. The responsibility of the AGENCY for
the maintenance of the proiect will not connnence until after the one (1) year establishment
period has ended and the project has been inspected and accepted by the Department and the
ss Agency.
{ Please see attached plans.
„ry
JOB NO.:
880$1-3412
WPI NO.(s):
411
FIN NO.:
2312771-31-01
COUNTY:
INDIANNI' RiVERR
S.R. NO.:
S.R.60I9 (1-951
EXHIBIT "B”
The Department agrees to install the Project with a contractor in accordance with the plans and
specifications attached hereto and incorporated herein. The responsibility of the AGENCY for
the maintenance of the proiect will not connnence until after the one (1) year establishment
period has ended and the project has been inspected and accepted by the Department and the
ss Agency.
{ Please see attached plans.
LA
of
JOB NO.: 88081-3412
Will NO.(s): 4144M
FIN NO.: 2317771-31-01
COUNTY: INDIAN -MM
S.R. NO.: 60 & 9 (95)
A,rTACIJMF,NT"C"
(GENERAL)
PROJECT COST
This Exhibit fomis an integral part of the I lighway Beautification Agreement bctween the State or
Florida, Department of Transportation and the AGENCY.
Dated
1. PROJECT COST: $750,000
u\c\s\dsfnmin.doc
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RIESOLUTION NO. 98- 14 0
A RESOLUTION OF INDIAN RIVED COUNTY, FLORIDA SUPPORTING
THE HIGHWAY BEAUTIFICATION AND MAINTENANCE 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 6C
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 THEREFORI?, be it resolved by the Board of County Comi issioners of Indian
River County that die county hereby supports and approves the Highway 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.
This is to certify that the foregoing is a true and correct copy of a resolution duly and
legally adopted by the Hoard of Co:mty Commissioners at a legal meeting held on this 15
dayof Decenber m 1998.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
pp
ATI-EST],1.
Patricia L. Jones
Deputy Clerk.
APPROVED AS TO FORM AND LEGAL
SUFFICIENCY BY:
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William G. Collins
Deputy County Attorney
STALE Of FLORIDA
$JVER-WUNTY
TH;I s� lFki� t hf�THAt" THIS IS
A ,C a�1t LriD CE 2E (;f. Copy or
MIX, i t L Cts ttlr t t TRIS
a ict
F��� CLERK
{--, { D.C. ;
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