HomeMy WebLinkAboutFlorida Department of Transportation Highway Beautification Grant Agreement 1997 11 14
mGHW A Y BEAUTIFICATION GRANT
MEMORANDUM OF AGREEMENT
WITH THE CITY OF WINTER SPRINGS
AE963 77070-3501 5612625
THIS AGREEMENT,. fllade and entered into this I r ti day of ~.-y-. 1991. by and between the
STATE OF FLORIDADEPARTMENT OF TRANSPORTATION, a component agency of the State of Florida,
hereinafter called the "DEPARTMENT" and the CITY OF WINTER SPRINGS, a political subdivision of the State
of Florida, existing under the Laws of Florida, hereinafter called the CITY.
WITNESSETH
WHEREAS, the DEP ARTMENT and the .crry are authorized to enter into this agreement pursuant to
Section 339.2405 of the Florida Statutes.
WHEREAS, as a 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 created roadside areas/median strips
on the highway facilities outlined in Attachment "A" within the limits of the .crry and
WHEREAS, the CIIY is of the opinion that said highway facilities that contain grassed medians shall be
landscaped with various species of ground cover and plantings.
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.em by Resolution No. 774 dated 01122/96, attached hereto and by this reference made
a part hereof, desires to enter into this Highway Beautification Grant 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. A Pre-Work Conference with the Local Maintenance Engineer (LME) or their designee shall be required,
and a written Notice to Proceed shall be issued by the LME or their designee to the crrx. The
CITY shall install and maintain landscaping on the highway facilities outlined in Attachment "A" as specified in plans
and specifications included as Attachment "B" and the approved, required Permit(s) with the following exceptions:
The landscape installation to be performed by the .QIX, shall be subject to periodic inspections by the
DEP AR TMENT. Such inspection findings will be shared with the crrx and shall be the basis of all decisions
regarding payment reduction, reworking or agreement termination. The.crry shall not change or deviate from
said plans without written approval by the DEPARTMENT.
2. If at any time after the .crrx has assumed the landscaping installation and maintenance responsibility
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abov~mentioned, it shall come to the attention of the DEPARTMENT'S District Secretary that the installation and
maintenance is not being performed pursuant to the terms of this Agreement, said District Secretary may at hislher
option issue a written notice that a deficiency or deficiencies exist(s), by sending a certified letter in
care of:
Ronald W. McLemore. City Manager
City of Winter Springs. Florida
1126 East State Road 434
Winter Springs. FL 32708".2799
to place said Q:IX on notice thereof Thereafter the.cn:x 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 maintenance ora part thereof, with Department or contractor's personnel
and deduct the cost of such work from the CITY payment for said work or part thereof, or
(b) Terminate Agreement in accordance with Paragraph 5 of this Agreement and remove, by Department or
private contractor's personnel, all of the landscaping installed under this Agreement or any preceding
agreements, and restore the area with turf grass, and charge the CITY for the reasonable cost of such
removal and restoration.
3. It is understood between the parties hereto that the landscaping covered by this Agreement may be
removed, relocated or adjusted at any tiine 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 CIIY shall be given sixty (60) calendar days notice to remove said landscaping after
which time the Department may remove said landscaping.
4. The DEPARTMENT agrees to pay to the CITY the total sum of:
$117.316.00 or 49% of the total project cost
as defined in Attachment "C", whichever is less. Subject to this limit, the DEPARTMENT will pay only for those
costs which are allowed by Section 339.2405(1.1), Florida Statutes:
(a) Sprinkler/irrigation system (purchase and installation)
(b) Plant materials and fertilizers/soil amendments
(c) Equipment and labor
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 49% payment shall not be made until: (1) certification
of acceptance is received from the CIIX; (2) the Highway Beautification Council has inspected or waived its
inspection rights of the project; (3) a DEPARTMENT landscape architect or his designee has approved the project
for final payment; and (4) as-built drawings, signed and sealed, are submitted with the submittal of a proper, final
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invoice. All Proper,finaLmvoicesshall.be sent to the Maintenance Contract Engineer of Oviedo Maintenance, 2400
Camp Road, Oviedo, FL 32765-9417 within 90 days after the approved, final inspection of the project.
(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(2)(b), Florida Statutes.
(c) Bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for
a proper preaudit andpostaudit thereof, and Bills for travel expenses specifically authorized by this
Agreement'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 (3) years
after final payment is made. Copies of these documents and records shall be furnished to the
Department~pon request. Records of costs incurred includes the CITY general accounting records,
together with supporting documents and records, of the CITY and all subcontractors performing
work, and all other records of the CITY and subcontractors considered necessary by the Department
for a proper. audit of costs.
(e) The CITY agrees to return all monies received under the terms of this Grant Agreement, to the
Department, should the landscaped area fail to be maintained in accordance with the Maintenance
Agreement.
5. This Agreement may be terminated under anyone of the following conditions:
(a) By the Department, if the CITYJails to perform its duties under Paragraph 2, following ten (10) days
written notice.
(b) . By the Department, for refusal by the an 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
CITY in conjunction with this Agreement.
(c) By either party following sixty (60) calendar days written notice.
(d) By both parties, thirty (30) calendar days following the complete execution by both parties, of an
agreement to terminate this Agreement.
6. The term of this Agreement commences on the date of execution and continues for eighteen months after
the date of the Notice to Proceed.
7. The OIT covenants and agrees that it will indemnify and hold harmless the DEPARTMENT and all of
the DEPARTMENT'S officers, agents, and employees from any claim, loss, damage, cost, charge or expense arising
out of any act, action neglect or omission by the QIY during the performance of the Agreement, whether direct
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or indirect, and whether any person or property to which the DEPARTMENT or said parties may be subject, except
that neither the on nor any of its sub-contractors will be liable under this section for damages arising out of injury
or damage to persons or property directly caused or resulting from the negligence of the DEPARTMENT or any of
its officers,. agents or employees.
8. The.CIIY may construct additional landscaping within the limits of the right-of-ways identified in this
document, subject to the following conditions:
(a) Plans for any new landscaping shall be subject to approval by the Department. The CI.IT. 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) No change will be made in the payment terms established under Item Number Four (4) of this Agreement
due to any increase in cost to the QIX resulting from the installation of landscaping added under this
item.
9. This writing embodies the entire Agreement and understanding between the parities 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.
10.. 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/her decision upon all claims, questions and
disputes shall be final and conclusive upon the parties hereto.
. 11. This agreement may not be assigned or transferred by the CITY in whole or in part without consent of
the DEPARTMENT.
(a). Changes and/or substitutions in plant varieties, design layout, or quality specifications s.hall.
require an addendum to this agreement approved by the Highway Beautification Council.
12. This Agreement, regardless of where executed, shall be governed by, and construed according to the
Laws of the State of Florida .
13, Pursuant to Section 337.185(7)(a) of the Florida Statutes the following provision is hereby incorporated
into this agreement:
liThe Department, during any fiscal year, shall not expend money, incur any liability, or enter into any
contract which, by it 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
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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 agre~dto be paid forin succe.eding fiscal year~ and
this paragraph shall'.he:incorporated verbatim in all contracts of the Department which are for an
amount in excess of $25,000 and which have a term for a period of more than 1 year."
14. Notwithstanding the termination of the Agreement, the obligation to maintain the landscaping pursuant
to the terms of the Agreement shall continue in full force and effect for such time as the landscaping remains on the
highway facilities.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day and year
first above written.
STA TE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
Date IrfWl
BY7"r L~r
District Secretary .
ATTEST:/-i'~ a,-.~
. Executive'Secretary .
(SEAL)
CITY OF WINTER SPRINGS
BY: I?~ jJ N;I
City/County Manager
ATTEST~';i~~
d/~ L>~ ~,~)fgA!- ,cpeJrJ.gs
(A. NCY)
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BY /# !fl.
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ATTEST:'f('y-4~R ~
Page 5 of7
ATTACHMENT "A"
LOCA nON: State Road State Road 434
FROM: Sta 498+60
11. 100 feet
TO: Sta. 610+20
Page 6 of7
ATT ACHMENT "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
CITY OF WINTER SPRINGS
dated: /J/I~ !q1
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PROJECT COST PARTICIPATION
CITY OF WINTER SPRINGS
(51%) or $122.619.00
whichever is greater;
Florida Department of Transportation,
(49%) or $117.316.00
whichever is less.
TOTAL PROJECT COST:
$239,935.00
Page 7 of7
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SYMBOLS
Work Area
Sign With IBu x IBu (Uin. ) Orange
Flog And Type BLight
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Type I Or Type II Barricade Or Vertical
Panei Or Drum (With Steady Burning Light
At Night Only). Tubular Markers.
May Be Used During Daylight Only.
Type I Or Type II Barricade Or Vertical
Panel Or Drum (with Flashing Light At
Night Only)
Worle Zone Sign
Advance Warning Arrow Panel
Stop Bar
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R~movobl~ SIOl) Bar lIorii/lfJ.
Remt:Nt! Or C(Wer Existing
. · STOP Sign AAt1 R~inSlolI
WMn Throut;h Lono R"'I)~ned
To Traffic.
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~ Wh~n Olh~r ConSIrue/iOll Or
lIaintenonce OperaliOlls Cb::vr
Wilhin Oil~ 111 lIiI~. Sign To
B~ Omi/led AAt1 SifJnillfJ To B~
Coordi""/~d In N:t:ordonc~ With
IIId~x No. 600.
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Wilhin On~ III lIi/o. Sign To
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C<<Jrdinoted In ,Ac::Ordonco With
Jlldox No. 600.
GENERAL NOTES
I. All vehicles. equipment. workers (except floggers) and their
activities are restricted at all times to one side of the
roadway.
2. Work operations sholl be confined to either one lane or lane
cOmbinoftons as follows:
(a) Outside travel lane (b) Outside auxiliary lane
(c) Outside travel lane and adjoining auxiliary lone
(d) Inside travel lane" (e) Inside auxiliary lane"
( f) Inside travel lane and adjoining auxiliary lane"
"See Sheet 2 Of 2
If the work area is confined to an auxiliary lane the wark
area sholl be borriccr.Jed and the RIGHT (LEFT) LANE CLOSED
AHEAD signs replaced by ROAD CONSTRUCTION AHEAD signs.
and the merge symbol signs eliminated.
3. For wark operations of 60 minutes or less see Index No. 612.
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CONDITIONS
WHERE ANY VEHICLE. EooIPUENT. WORKERS
OR THEIR ACTN/TlES ENCROACH ON THE
PAVEMENT REQUIRING THE CLOSURE OF THE
. OUTSIDE TRAVEL LANE. AND/OR ADJOINING
AUX/UARY LANE. FOR WORK AREA LESS THAN
ZOO' FROU INTERSECTION. FOR A PERIOD OF
MORE THAN 60 MINUTES.
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CONDITIONS
WHERE ANY VEHICLE. EQUIPMENT. WORKERS
OR THEIR ACTN/TJES ENCROACH ON THE
PAVEMENT REQUIRING THE CLOSURE OF THE
OUTSIDE TRAVEL LANE AND/OR ADJOINING
AUXILIARY LANE. FOR WORK AREA 200' OR
MORE FROM INTERSECTION. FOR A PERIOD OF
MORE THAN 60 MiNUTES.
4. When vehicles in a parking lone block the /ine of sight to TCl
signs or when TCZ signs encroach on a normal pedestrian
walkway. the signs sholl be past mounted and located in
accordance with Index No. 17302.
TYPICAL APPL/CA TIONS
Utility Work
Pavement Repairs
Structure Adjustments
5. The first two warning signs Shol; have a 18" x 18" (min. ) orange
flag and a Type 8 light attached and operating at all times.
Mesh signs may be used for ( Daylight Only) operations
Type 8 Lights and Orange Flags are not required.
6. All signs sholl be post maunted if the closure ftmes exceeds 12
hours.
(Continued)
7. Duol signs are required for divided roadways.
SUTt (7 'LORIO. O("U1TII€NT 06 TlUHSPaAhTJc.
ROAD OESIClrt
TRAFFIC /XiNTROI. THRQ.CH -.. lONES
MULTILANE. TWO-WAY. URBAN
DIVIDED OR UNDIVIDED .
DAY OF? NIGHT OPERA TlONS
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COND/TlONS
'WHERE ANY VEHICLE, EOUIPMENT, WORKERS
/}R THEIR ACTN/TlES ENCROACH ON THE
. .. :,.4:iAvEMENt REOUlRING THE CLOSURE: OF
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. ",";.VTHE INSIDE TRAVEL LANE AND/OR ADJOINING
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Index No. 600.
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CONDITIONS
WHERE ANY VEHICLE, EOUIPMENT. WORKERS
OR THEIR ACTN/TIES ENCROACH ON THE
PAVEMENT REOUIRING THE CLOSURE OF
THE INSIDE TRAVEL LANE AND/OR ADJOINING
AUXILIARY LANE. FOR WORK AREA 200' OR
MORE FROM INTERSECTION, FOR A PERIOD OF
MORE THAN 60 MINUTES.
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j When Other Cons/rue/ion Or
~ Maintenance Operations 0caIr
Within One (I J IIi":. Sign To
Be Omll/ed And Signing ro Be
CoordillC/~ In krtJrdance Wi/h'
Index No. 600.
SYMBOLS
GENERAL NOTES (CONT. )
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Work Area
Sign With IS- x IS- (Min. ) Orange
Flag And Type BLight
Type I Or Type 1I Barricade Or Vertical
Panel Or Drum (With Steady Burning Light
At Night Only J. Tubular Markers
May Be Used During Daylight Only.
Type I Or Type 1I Barricade Or Vertical
Panel Or Drum (with FlaShing Light At
Night Only J
Type III Barricade
Work lone Sign
Advance Warning Arrow Panel
8. The maxifTlJm spaCing between devices (ft. ) within lateral transitions
shall be eQUal to the speed limit ( "'PH) wt no greater than 25' for
cones or tubular markers or 50' for Type I or Type II bcrricades
or verticol panelS or drums.
Spacing for devices parallel to the travel lanes shall be 25' centers
for cones or tubJlar markers and SO' centers for Type I or Type II
bcrricades or vertical panels or drums for 250'. thereafter cones
or tubular markers 01 50' centers and type I or Type II bcrricades
or vertical panels or drums at 100' cenlers.
TYPICAL APPUCA TlONS
Utility Work
Pavement Repairs
Structure Adjustments
9. Arrows denote direction of traffic only and do not ref/ect pavement
markings.
10. Longltudinal dimensions are to be adjusted to fit field conditions.
See Index No. 600.
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SUT[ 01 F'LORID.. O[PARTICNT or 'A~T,4Tlo..
AO&Q otSICN .
TRAFFIC CONTRaL TH1/(U;H IfQ/lJr lDNES
MULTILANE. TWO-WAY. URBAN
DN/DED OR UNDIVIDED
DAY OR NIGHT OPERA TlONS
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II. For general Tez reQUirements oll(j Odditional information refer to Index
No. 500.
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Sign With 18H )( 18H (Min. J Orange
Flog And Type BLight
Type I Or Type II Barricade Or Vertical
Panel Or Drum (With Steady Burning Light
At Night Only J. Tubular Markers
May Be Used During Daylight Only.
Type I Or Type II Barricade Or Vertical
Panel Or Drum (with Flashing Light At
Night Only J
Work Zone Sign.
Stop Bar
Advance Warning Arrow Panel
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GENERAL .'~fTES
I. All vehicles. equipment. workers (e)cept floggers) and their
activities are farOidden in lane and intersection areas
reserved for traffic.
2. For work operations of 60 minutes or less see Index No. 601.
J. The first Iwo warning signs shall have a 18. x 18. (min. ) orange
flag and a Type 8 light attached and operating at all times.
Mesh signs moy be used for 100yiii;ht Only) operations
Type 8 Lights and Orange Flogs are not required.
4. All signs shall be f)Ost mounted if closure time exceeds 12 haurs.
5. The WORKERS legend sign may Oe substituted for the symbol sign.
5. Dual signs are required for dividedroodwoys.
7. Arrows denote direction of traffic only and do not reflect
pavement markings.
8. Maximum spacing between barricades. vertical panels. cones.
tubular markers and drums shall be not greater than 25'.
9. Temporary signal phasing modifications are to be approved by
the Districl Traffic O:>erations Engineer prior to the
beginning of work.
10. Work performed for a periOd of 50 minutes or less is to be
conducted in .flCcordance with Index No. 601 or emergency condition
procedures as described in Index No. 600. whichever applies.
II. Longitudinal dimensions are to be adjusted to fit field conditions.
See. Index No. 600.
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12. For general Tel requirements and additional information refer
to Index No. 600.
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A ~A ~~ ClOSUr<..(
TYPiCAL APPL/CA TlONS
Ufility Work
Pavement Repair
StrUCTUre Adjustments
CONDITIONS
WHERE ANY VEHICLE. EQUIPMENT, WORKERS
OR THEIR ACTNITIES ENCROACH ON THE
PAVEMENT REQUIRING THE CLOSURE OF AT
LEAST ONE MEDIAN TRAFFIC LANE FOR A
PERIOD OF MORE THAN 60 MINUTES
STUr; at 'LORID' DtP.lATI.I(NT 011 TAAHSPQAUflClN
ROAD O(SICH.
TRAFFIC CDNTf/(I/. THROIfX;H WORK lONCS
MULTILANE. TWO-WAY. URBAN
ON/OED OR UNDNIDED
DAY OR NIGHT OPERA TlON
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