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R96-154RESOLUTION NO. R96--/,~/~z' A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A JOINT PARTICIPATION AGREEMENT BETVVEEN THE CITY OF BOYNTON BEACH, FLORIDA AND THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, FOR JOINT PROJECT PARTICIPATION FOR THE IRRIGATION AND LANDSCAPING IMPROVEMENTS ALONG BOYNTON BEACH BOULEVARD AND FEDERAL HIGHWAY, KNOWN AS STATE PROJECT NO. 93010- 3505; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the State of Florida Department of Transportation (DEPARTMENT) and the City of Boynton Beach (CITY), mutually agree that it is in the best interest of both entities to undertake the certain irrigation system improvements, landscaping and maintenance along Boynton Beach Boulevard (State Road 04), from Northwest 4th Street to Federal Highway US #1 (State Road 5) and Federal Highway US #1 (State Road 5), from Gulf Stream Boulevard to Boynton Canal, within the City of Boynton Beach. 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, does hereby authorize and direct the Mayor and City Clerk to execute an Agreement between the City of Boynton Beach and the State of Florida Department of Transportation, for joint project participation along Boynton Beach Boulevard and Federal Highway, known as State Project No. 93010-3505, a copy of said Agreement being attached hereto as Exhibit "A", Section 2. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this /,,~' day of October, 1996. CITY OF BOYNTON BEACH, FLORIDA Mayor ATTEST: City'Clerk Commissioner "(~o~missioner Commissioner Boynton Beach 100 E. Boynton Beach Boulevard P.O. Box310 Boynton Beach, Florida 33425-0310 City Hall.. (407) 375-6000' FAX: (407) 375-6090 October 17, 1996 DIANE DELUNA PROFESSIONAL SERVICES UNIT FDOT 3400 WEST COMMERCIAL BLVD FT. LAUDERDALE, FL 33309-3421 JOINT PARTICIPATION AGREEMENT WPA 4118666; STATE JOB NUMBER 93010-3505 G IMPROVEMENTS Dear Ms. DeLuna: Attached please find five (5) original agreements pertaining to the above mentioned Joint Participation Agreement, five (5) certified copies of the minutes and five (5) certified copies Resolution #R96-154. Please return at least one completely signed document to me for Central Files. If you have any questions concerning this, please do not hesitate to contact me. Sincerely, CITY OF BOYNTON BEACH Sue Kruse, CMC/AAE City Clerk mas/ s/cc/wp/ltr America"s Gateway to the Gulfstream October 7, i996 Ms. Carrie Parker, City Manager City of Boynton Beach 100 East Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Re: Joint Participation Agreement WPA 4118666; State Job Number 93010-3505 Irrigation & Landscaping Improvements Dear Ms. Parker: I am enclosing revised five (5) copies of the Joint Participation Agreement (JPA) for the above referenced-project. These copies were revised per discussions with Kevin Hallahan. Please enter your Vendor Identification Number located at the top (center) of the agreement and please do not date the agreements. My staff will do this once we receive the signature of our District Secretary, Rick Chesser. In addition to the return of the five signed agreements, we will need two (2) original and three (3) certified copies of the City Commission resolution that authorizes the execution of the IPA. If it is not possible to obtain resolutions, we will need five (5) certified ~opies of the minutes of the Commission meeting when this agreement was approved for execution. Please contact me at 954-777-4626 if you have any questions about the JPA. DGD CC: Morteza Alain - FDOT Project Manager File Sincerely, Diane DeLuna - Professional Services Unit I CEIV D Oc'r 9 199~~ - CITY' MANAGER~ OFFICE ~RECYC~ PAP~ WPI No: 4118666 Job No: 93010-3505 F.A. No: N/A Fund Code: Contract No: Vendor No: VF 596000282-015 SAMAS Approp: 088849 SAMAS Object: 131521 Org Code: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND CITY OF BOYNTON BEACH JOINT PARTICIPATION AGREEMENT THIS AGREEMENT, entered into this __ day of , 19 , by and between the State of Florida Department of Transportation hereinafter called the DEPARTMENT, and crr¥ oF BOYNTON BEACH, State of Florida, located at 100 East Boynton Beach Boulevard, P.O.Box 310, Boynton Beach, Florida 33425-0310, hereinafter called the CITY. WITNESSETH WHEREAS, the DEPARTMENT and the CITY mutually agree that it is in their best interest to undertake the certain irrigation system improvements, landscaping and maintenance along Boynton Beach Boulevard ( State Road 804), from Northwest 4th Street to Federal Highway US #1 (State Road 5) and Federal Highway US #1 (State Road 5), from Gulf Stream Boulevard to Boynton Canal, within the City of Boynton Beach (WPA 4118666) State Project No. 93010-3505, hereinafter referred to as the "PROJECT"; and WHEREAS the DEPARTMENT is required by law to acquire local agency participation to fund these certain irrigation system improvements, landscaping and maintenance for the project. Proposed irrigation improvements will be made in the median (s) and utility strip areas for Boynton Beach Boulevard (State Road 804) and Federal Highway US gl (State Road 5). In addition, the parties agree to a Maintenance Agreement of all landscaping and irrigation system including brick pavers at the intersections of.' Federal Highway (State' Road 5) and Boynton Beach Boulevard ( State Road 804); Federal Highway (State Road 5) and Ocean Avenue; and Boynton Beach Boulevard (State Road 804) and Seacrest Boulevard. Limits of the Maintenance Agreement are as follows; Federal Highway (State Road 5) North of Gulf Stream 1 of 7 Boulevard to Boynton Canal Bridge; and Boynton Beach Boulevard ( State Road 804) Northwest 4th Street to Federal Highway (State Road 5);_ and WHEREAS, the CITY, by resolution, dated , a copy of which is attached hereto and made a part hereof, has authorized the CITY to enter into this agreement, NOW, THEREFORE, in consideration of the mutual benefits to be derived from joint participation on the PROJECT, the parties agree to the following: 1. The above recitals are true and correct and are deemed incorporated herein. The DEPARTMENT shall be responsible for securing the consultant services to perform the PROJECT and shall direct the management of the PROJECT. The selection of the consultant for the PROJECT shall be the responsibility of the DEPARTMENT. Upon execution of a Contract Agreement between the Consultant and the DEPARTMENT, the Con sultant shall have Thirty (30) months to complete the PROJECT. 3. The DEPARTMENT shall be responsible for assuring that the PROJECT complies with all Federal Highway Administration (FHWA) and DEPARTMENT standards. The CITY shall be responsible to perform maintenance on the following: A. The paver brick installed as per plan by the DEPARTMENT in the utility strip (R.O.W.) Areas of Boynton Beach Boulevard and Federal Highway US #1. B. The paver brick installed as per plan by the DEPARTMENT in the roadWay intersections of: · Federal Highway US #1 / Boynton Beach Boulevard · Federal Highway US gl / Ocean Avenue · Boynton Beach Boulevard / Seacrest Avenue The landscape and irrigation improvements, in the median (s) and utility strip areas as per plan, for Boynton Beach Boulevard and Federal Highway US #1 (within the City Limits). A Banyan tree located at the southeast corner of Federal Highway and Castillo Lane (SE 1 lth Ave). The maintenance activities shall include the tree canopy over the road and the section Do 2of7 inside the private property. Se The CITY agrees to make all previous studies, maps, drawings, surveys and other data and information pertaining to the PROJECT available to the DEPARTMENT at no extra cost to the DEPARTMENT. The parties agree that the PROJECT shall be undertaken and shall be provided in proportionate shares. The "Total Estimated Costs" and funded amount of said PROJECT is One Million and Ninety Eight Thousand, Four Hundred and Fifty Dollars ($1,098,450.00). The breakdown of the "Total Estimated Costs" are as follows: · "Estimated" cost amount for the Irrigation Improvements is: Three Hundred Thirty Seven Thousand, Three Hundred and Twenty Dollars ($337,320.00) ,- "Estimated" cost amount for Landscaping is: Seven Hundred Sixty One Thousand, One Hundred and Thirty Dollars ($761,130.00) The CITY shall provide thirty one point one two eight percent (31.128%) of the estimated costs for the Irrigation Improvements, for a total amount of One Hundred and Five Thousand Dollars ($105,000.00). The CITY shall also provide thirty point five three four percent (30.534%) of the total estimated costs for Landscaping, for a total amount of Forty Thousand Dollars ($40,000.00). The DEPART1V[ENT shall provide sixty eight point eight seven two percent (68.872%) of the total estimated cost for Irrigation Improvements for a total amount of Two Hundred and Third Two Thousand and Three Hundred and Twenty Dollars ($232,320.00) and sixty-nine point four six six percent (69.466%) of the estimated costs for Landscaping, for a total amount of Seven Hundred and T~enty One Thousand, One Hundred and Thirty Dollars ($721,130.00), which includes the State's federal aid matching monies. These matching share percentages shall also apply to any supplemental agreements, claims and contingencies. The DEPARTMENT shall have the sole responsibility for resolving claims and requests for additional work for the PROJECT. The DEPARTMENT will make its best effort to obtain CITY input in its decisions. 3 The CITY agrees that it will furnish the DEPARTMENT a Lump Sum amount of ONE HUNDRED AND FORTY-FIVE THOUSAND DOLLARS ($145,000.00) for the payment of the CITY's proportionate share of the PROJECT to. be made in two payments ofS72,500.00 each. These deposits shall be provided to the DEPARTMENT as follows: PAYMENT ONE $72,500.00 due on or before October 31, 1996 PAYMENT TWO $72,500.00 due on or before November 29, 1996 'Should the DEPARTMENT and the CITY decide to proceed with subsequent phases of the PROJECT, this AGREEMENT shall be amended to identify the respective responsibilities and the financial arrangements between, the parties. 10. The parries agree that the PROJECT is dependant upon the CITY's payment of funds to the DEPAKTMENT for its share of the costs of the PROJECT and additional work, supplemental agreements and claims. Should the CITY fail to provide the necessary funding to proCeed with the PROJECT, the DEPARTMENT's obligations to continue with the PROJECT shall be terminated and this Agreement shall be null and void. 11. This Agreement or any interest herein shall not be assigned, transferred or otherwise encumbered by the CITY under any circumstances without the prior written consent of the DEPARTMENT. However, this Agreement shall run to the DEPARTMENT and its successors 12. This Agreement shall continue in effect and be binding to both the CITY and the DEPARTMENT until the project is completed and appropriate reimbursements are made. 13. The DEPARTMENT agrees to keep complete records and accounts in order to record, complete and correct entries to all costs, expenditures and other items incidental to the completion of the PROJECT. All cost records and accounts shall be available for audit by a representative of the CITY within THREE (3) years after final billing by the DEPARTMENT to the CITY. 14. The CITY warrants that it has not employed or obtained any company or person, other than bona fide employees of the CITY to solicit or secure this Agreement and it has not paid or agreed to pay any d~o[7 company, corporation, individual or firm, other than a bona fide employee employed by the CITY. For breach or violation of this provision, the DEPARTMENT shall have the right to terminate the Agreement without liability. 15. This Agreement is governed by and constructed in accordance with the laws of State of Florida. 16. This document incorporates and includes all prior negotiations, correspondence, agreements, or understanding applicable to the matters contained herein and the parties agree that there are no commitments, agreements or understanding concerning the subject matter of this Agreement that are not contained in this document. Accordingly, it is agreed thatno deviation from the terms hereof shall be predicted upon any prior representation or agreements whether oral or written. It is further agreed that no modification, amendment, or alteration in the terms and conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 17. Upon final payment to the contractor for the entire project, the DEPARTMENT shall, within one hundred eighty (180) days furnish the CITY with two (2) copies of its final and complete'billing of all cost incurred in connection with the work performed hereunder, such statement to follow as closely as possible the order of the items contained in the job estimate. The final billing show the description and site of the project; the date on which the first work was performed or the date on which the earliest item of billed expenses was incurred; the date on which the last work was performed or the last item of billed expense was incurred; and the location where the records and accounts billed can be audited. -All cost records and accounts shall be subject to audit by a representative of the CITY. 18. Any or all notices (except invoices) given or required under this Agreement shall be in writing and either personally delivered with receipt acknowledged or sent by certified mail, return receipt requested. All notices delivered shall be sent to the following addresses: 5of7 If to the DEPARTMENT: If to the CITY: District Four Florida Department of Transportation 3400 West Commercial Blvd. Ft. Lauderdale, Florida 33309-3421 Attn.: Ms. Teresa Martin, Contractual Service Administrator With a copy to: Morteza Alian, FDOT Project Manager A second copy to: District General Counsel City of Boynton Beach 100 East Boynton Beach Boulevard P. O. Box 310 Boynton Beach, Florida 33425-0310 Attn.: Ms. Carrie Parker, City Manager With a copy to: CITY Attorney 6 of 7 IN WITNESS WHEREOF, the CITY has caused this Joint Participation Agreement to be executed in it! behalf this /.-~ day of~, 199~ by the Board of CITY Commissioners authorized to enter into and execute same by Resolution No. W~'g-/.~'"~of the Board on the /ff day of ~-:r~' , 199~,. The effective date of this Agreement shall be the date the last party to this Agreement has signed. LOCAL GOVERNMENT BOARD OF CITY COMMISSIONER OF THE CITY OF BOYNTON BEACH - City Manager STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY' Rick Chesser, P. E. District Four Secretary Clerk ATTEST: SEAL Executive Secretary APPROVED: This document reviewed and approved as to form by Office of CITY Attorney, CITY OF BOYNTON BEACH, Florida, BY' CITY Attorney APPROVED: BY- District Director of Administration DATE OF EXECUTION: APPROVED: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY' District Legal Counsel 7of7 Boynton Beach 100 E. Boynton Beach Botdevard P.o. Box310 Boynton Bear. h, Florida 33425-0310 Oty Hall: (407) 375-6000 FAX: (407) 375-6090 December 2, 1996 - Teresa Martin Professional Services Unit FLORIDA DEPARTMENT OF TRANSPORTATION 3400 West Commercial Blvd. Ft. Lauderdale, FL 33309-3421 RE: Resolution #~R~96-~ Joint Participation Agreement WPA 4118666, State Job Number 93010-3505 Irrigation and Landscaping Improvements Dear Ms. Martin: As you requested in your letter addressed to Mrs, Carrie Parker Hill, attached please find the original signed document pertaining to the corrections to the Joint Participation Agreement for the construction of the Ocean Avenue Bridge. If you have any questions regarding this, please feel free to contact me. Sincerely, CITY OF BOYNTON BEACH Sue Kruse, CMC/AAE City Clerk s:\cc\wpXrogers America's Gateway to the Gulfstream FLORIDA LAWTON CHILES GOVERNOR '~m m m mm DEPARTMENT OF TRANSPORTATION PROFESSIONAL AND OTHER CONTRACTUAL SERVICES Sr.N ~. wa~rrs 3400 West Commercial Boulevard, Fort Lauderdule, Florida 33309-3421 SECRETARY Telephone: (954) 777-4603 Switchboard: (954) 486-1400 Ms. Carrie Parker Hill, City Manager City of Boynton Beach 100 East Boynton Beach Boulevard P.O. Box 310 .- Boynton Beach, Florida 33425-0310 October 29,1996 RECEIVED CiTY MANAGER'S OFF,t_,..:.. RE; JOINT PARTICIPATION 'AGREEMENT WPA 4118666, STATE JOB NUMBER 93010-3505 IRRIGATION AND LANDSCAPING IMPROVEMENTS Dear Ms. Hill; Enclosed please fred two (2) original executed Joint Participation Agreements (JPA) for the referenced project. These documents were executed by the DEPARTNIENT on October "~ 1996. During the execution process, we found that page 3 of 7 stated incorrect percentages xxSth respect to the total costs for Landscaping. Specifically, paragraph 6 stated that the CITY share was to be 30.534%, and that, the DEPARTMENTS share was to be 69.466%. In fact, the CiTY contribution to the total costs for Landscaping shall be 5.255%, and the remaining 94.745% is the DEPARTMENTS portion. The executed documents contain the corrected page 3 of 7. If you are in ageement with the corrections, please accept by signing belo~v, as well as City Clerk signature, and return a copy to me. I do apologize for any inconvenience that t~s e~or has caused to the CITY. Thank you for your assistance in this matter. If you have any questions, please call me. I can l:e reached at (954)777-4623. Sincerely, Teresa Martin Professional Services Unit Carrie Parker Hill City Manager enclosure City Clerk ~RECYCLED PAPER STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FORM 3.~4)60-32 COM~r~Ot.L~-G~ ACCr~ RECORD OF SALE OF GOODS OR SERVICES/CASH RECEIPT ' TRANSMITTAL o~ DISTRICT/OFFICE SOLD TO: DELIVERY: _ , -_ ~ ~ ~CE~ED BY (SIGNAT~) - ~ , ~ _ .. ,. ~. ~ S~PTO: .... .,, ..... ~ SOLD TO ~D~SS ~-: -' ~ '-~ - CONTACT: ~L~PHON~ NO.( T~SACTIO~ ~ S~E ON ACCOUNT ~ CASH ~CEI~ ACeO~ ~ ~ C~H n PURCHASE O~ER ~ BATCH T~SMI~ P~C~S~ O~ ~HR ITEM DESCRIPTION TOTAL SALg~ mSCRET. UNIT PRICE SUB TOTAL TAX TAX $ $ ITEM TOTAL $ $ TI~SACTION AUTHORIZED BY: PRINT NAM~ '~.~.~. SIGNATURE TELEPHONE NO. DATE CUSTOMER AUTHORIZATION FOR SALE ON ACCOUNT: PRINT NAME SIGNATURE ) TELEPHONE NO. DATE ACCOUNT NUMBER Alii TRAN CODE II ORGANIZATION CODE COST DISTRIBUTION DOCUMENT NO. E- FLORIDA FEID NO. 596001874- COPY2 - CUSTOMER RECEIPT RECYCLED PAPER WPI No: 4118666' Job No: 93010-3505 F.A. No: N/A Fund Code: Contract No: ~ Vendor No: VF 596000282-015 SAMAS Approp: 088849 SAMAS Object: 131521 Org Code: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND CITY OF BOYNTON BEACH JOINT PARTICIPATION AGREEMENT · THIS AGREEMENT, entered into thisbe-.~-'' day or ~%~x~, l~X__~ by and between the State of Florida Department of Transportation hereinafter called the DEPARTMENT, and crrY oF BOYNTON BEACH, State of Florida, located at 100 East Boynton Beach Boulevard, P.O.Box 3~.1~0, Boynton Beach, Florida 33425-0310, hereinafter called the CITY. WITNESSETH WHEREAS, the DEPARTMENT and the CITY mutually agree that it is in their best interest to undertake the certain irrigation system improvements, landscaping and maintenance along Boynton Beach Boulevard ( State Road 804), from Northwest 4th Street to Federal Highway US #1 (State Road 5) and Federal Highway US #1 (State Road 5), from Gulf Stream Boulevard to Boynton Canal, within the City of Boynton Beach (WPA 4118666) State Project No, 93010-3505, hereinafter referred to as the "PROJECT"; and WHEREAS the DEPARTMENT is required by law to acquire local agency participation to fund these certain irrigation system improvements, landscaping and maintenance for the project. Proposed irrigation improvements will be made in the median (s) and utility strip areas for Boynton Beach Boulevard (State Road 804) and Federal Highway US #1 (State Road 5). In addition, the parties agree to a Maintenance Agreement of all landscaping and irrigation system including brick pavers at the intersections of.' Federal Highway (State Road 5) and Boynton Beach Boulevard ( State Road 804); Federal Highway (State Road 5) and Ocean Avenue; and Boynton Beach Boulevard (State Road 804) and Seacrest Boulevard. Limits of the Maintenance Agreement are as follows; Federal Highway (State Road 5) North of Gulf Stream 1 of 7 Boulevard to Boynton Canal Bridge; and Boynton Beach Boulevard ( State Road 804) Northwest 4th Street to Federal Highway (State Road 5);_ and WHEREAS, the CITY, by resolution, dated , a copy of which is attached hereto and made a part hereof, has authorized the CITY to enter into this agreement, NOW, THEREFORE, in consideration of the mutual benefits to be derived from joint participation on the PROJECT, the parties agree to the following: 1. The above recitals are tree and correct and are deemed incorporated herein. The DEPARTMENT shall be responsible for securing the consu, l_.L,3nt services to perform the PROJECT and shall direct the management of the PROJECT. The selection of the consultant for the PROJECT shall be the responsibility of the DEPARTMENT. Upon execution of a Contract Agreement between the Consultant and the DEPARTMENT, the Consultant shall have Thirty (30) months to complete the PROJECT. 3. The DEPARTMENT shall be responsible for assuring that the PROJECT complies with all Federal Highway Administration (FHWA) and DEPARTMENT standards. The CITY shall be responsible to perform maintenance on the following: A. The paver brick installed as per plan by the DEPARTMENT in the utility strip (R.o.w.) Areas of Boynton Beach Boulevard and Federal Highway US #1. B.' The paver brick installed as per plan by the DEPARTMENT in the roadway intersections of: · Federal Highway US #1 / Boynton Beach Boulevard · Federal Highway US #1 / Ocean Avenue · Boynton Beach Boulevard / Seacrest Avenue C. The landscape and irrigation improvements, in the median (s) and utility strip areas as per plan, for Boynton Beach Boulevard and Federal Highway US #1 (within the City Limits). D. A Banyan tree located at the southeast comer of Federal Highway and Castillo Lane (SE 1 lth Ave). The maintenance activities shall include the tree canopy over the road and the section 2 of 7 De A Banyan tree located at the southeast comer of Federal Highway and Castillo Lane (SE 1 lth Ave). The maintenance activities shall include the tree canopy over the road and the section inside the private property. The CITY agrees to make all previous studies, maps, drawings, surveys and other data and information pertaining to the PROJECT available to the DEPARTMENT at no extra cost to the DEPARTMENT. The parties agree that the PROJECT shall be undertaken and shall be provided in proportionafe shares. The "Total Estimated Costs" and funded amount of said PROJECT is One Million and Ninety Eight Thousand, Four Hundred and Fifty Dollars ($1,098,450.00). The breakdown of the "Total Estimated Costs" are as follows: ,, "Estimated" cost amount for the Irrigation Improvements is: Three Hundred Thirty Seven Thousand, Three Hundred and Twenty Dollars ($337,320.00) "Estimated" cost amount for Landscaping is: Seve~ Hundred Sixty One Thousand, One Hundred and Thirty Dollars ($761,130.00) The CITY shall provide thirty one point one two eight percent (31.128%) of the estimated costs for the Irrigation Improvements, for a total amount of One Hundred and Five Thousand Dollars ($105,000.00). The CITY shall also provide five point two five five percent (5.255%) of the total estimated costs for Landscaping, for a total amount of Forty Thousand Dollars ($40,000.00), The DEPARTMENT shall provide sixty-eight point eight seven two percent (68.872%) of the total estimated cost for Irrigation Improvements for a total amount of Two'Hundred and Thirty Two Thousand and Three Hundred and Twenty Dollars ($232,320.00) and ninety-four point seven four five percent (94.745%) of the estimated costs for Landscaping, for a total amount of Seven Hundred and Twenty One Thousand, One Hundred and. Thirty Dollars ($721,130.00), which includes the State's federal aid matching monies. These matching share percentages shall also apply to any supplemental agreements, claims and contingencies. The DEPARTMENT shall have the sole responsibility for resolving claims and requests for additional work for the PROJECT. The DEPARTMENT will make its best effort to obtain CITY input in its 3 of 7 The CITY agrees that it will furnish the DEPARTMENT a Lump Sum amount of ONE HUNDRED AND FORTY-FIVE THOUSAND DOLLARS ($145,000.00) for the payment of the CITY's proportionate share of the PROJECT to-be made in two payments of $72,500.00 each. These deposits shall be provided to the DEPARTMENT as follows: PAYMENT ONE $72,500.00 due on or before October 31, 1996 PAYMENT TWO $72,500.00 due on or before November 29, 1996 Should the DEPARTMENT and the CITY decide to proceed with subsequent phases of the PROJECT, this AGREEMENT shall be amended to identify the respective responsibilities and the financial arrangements between the parties. 10. The parties agree that the PROJECT is dependant upon the CIT.~'s payment of funds to the DEPARTMENT for its share of the costs of the PROJECT and additional work, supplemental agreements and claims. Should the CITY fail to provide the necessary funding to proceed with the PROJECT, the DEPARTMENT's obligations to continue with the PROJECT shall be terminated and this Agreement shall be null and void. 11. This Agreement or any interest herein shall not be assigned, transferred or otherwise encumbered by the CITY under any circumstances without the prior written consent of the DEPARTMENT. However, this Agreement shall run to the DEPARTMENT and its successors 12. This Agreement shall continue in effect and be binding to both the CITY and the DEPARTMENT until the project is completed and appropriate reimbursements are made. 13. The DEPARTMENT agrees to keep complete records and accounts in order to record, complete and correct entries to all costs, expenditures and other items incidental to the completion of the PROJECT. All cost records and accounts shall be available for audit by a representative of the CITY within THREE (3) years aider final billing by the DEPARTMENT to the CITY. 14. The CITY warrants that it has not employed or obtained any company or person, other than bona fide employees of the CITY to solicit or secure this Agreement and it has not paid or agreed to pay any 4of7 company, corporation, individual or firm, other than a bona fide employee employed by the CITY. For breach or violation Of this provision, the DEPARTMENT shall have the fight to terminate the Agreement withoUt liability. 15. This Agreement is governed by and constructed in accordance with the laws of State of Florida. 16. This document incorporates and includes all prior negotiations, correspondence, agreements, or understanding applicable to the matters contained herein and the parties agree that there are no commitments, agreements or understanding concerning the subject matter of this Agreement that are not contained in this document. Accordingly,-it is. agreed that no deviation from the terms hereof shall be predicted' upon any prior representation or agreements whether oral or written. It is further agreed that no modification, amendment, or alteration in the terms and conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 17. Upon final payment to the contractor for the entire project, the DEPARTMENT shall, within one hundred eighty (180) days furnish the CITY with two (2) copies of its final and complete billing of all cost incurred in connection with the work performed hereunder, sUch statement to follow as closely as possible the order of the items contained in the job estimate. The final billing show the description and site of the project; the date on which the first work was performed or the date on which the earliest item of billed expenses was incurred; the date on which the last work was performed or the last item of billed expense was incurred; and the location where the records and accounts billed can be audited.. All cost records and accounts shall be subject to audit by a representative of the CITY. 18. Any or all notices (except invoices) given or required under this Agreement shall be in writing and either personally delivered with receipt acknowledged or sent by certified mail, return receipt requested. All notices delivered shall be sent to the following addresses: 5 ,~f7 If to the DEPARTMENT: If to the CITY: District Four Florida Department of Transportation 3400 West Commercial Blvd. Ft. Lauderdale, Florida 33309-3421 Attn.: Ms. Teresa Martin, Contractual Service Administrator With a copy to: Morteza Alian, FDOT Project Manager A second copy to: District General Counsel City of Boynton Beach 100 East Boynton Beach Boulevard P. O. Box 310 Boynton Beach, Florida 33425-0310 Attn.: Ms. Carrie Parker, City Manager With a copy to: CITY Attorney 6 of 7 IN WITNESS WHEREOF, the CITY has caused this Joint Participation Agreement to be executed in its behalf this ~day of Fff-~_.~ , 199~ by the Board of CITY Commissioners authorized to enter into and execute same by Resolution No. ~'~-/.~ff-of the Board on the /~' day of ,,~x-' , 199~,. 'The' effective date of this Agreement shall be the date the last party to this Agreement has signed. LOCAL GOVERNMENT BOARD OF CITY COMMISSIONER' OF THE CITY OF BOYNTON BEACH .- City Manager Clerk STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Districmt F°ur SicreT. ~~t ATTEST: Executive Secretary APPROVED: This document reviewed and approved as to form by Office of CITY Attorney, CITY OF BOYNTON BEACH, Florida, BY' CITY Attorney APPROVED: District Director of Administration DATE OF EXECUTION: APPROVED: STATE OF FLORIDA DEPARTMENT OF.F. vT_..R. AN.~fi,PORTATI ON ,/~/District i_.e~'ai C~unsel 7of7 Boynton Beach 100 E. Boynton Beach Boulevard P.o. Box310 Boynton Beach, ~lorida 33425-0310 City 9f_a~: (407) 375-6000 FAX: (407) 375-6090 CERTIFICATION I, Suzanne M. Kmse, City Clerk of the City of Boynton Beach, Florida, do hereby certify that attached Resolution No. R96-154 of the City of Boynton Beach Code of Ordinances, consisting of two (2) pages is a true and correct copy as it appears in.the records of the City of Boynton Beach, Florida. WITNESS, my hand and the corporate seal FLORIDA, this 17th day of October, 1996. of the CITY OF BOYNTON BEACH, mask s: \ cc: \ wp \ certify e M. Kruse, CMC/AAE City Clerk October 17, 1996 America's Gateway to the Gulfstream RE,SOLUTION NO. R96--/~z a RESOLUTION Of THE CITY COMMISSION OF THE CItY OF BOYNTON BEAP, H, FLORIDA, AUTHORIZING THE MAYOR AND C1~¢ CLERK TO EXECUTE A JOINT PARTICIPATION AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA AND THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, FOR JOINT PROJECT PARTICIPATION FOR THE IRRIGATION AND LANDSCAPING IMPROVEMENTS ALONG BOYNTON BEACH BOULEVARD AND FEDERAL HIGHWAY, KNOWN AS STATE PROJECT NO. 93010- 3505; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the State of Florida Department of Transportation (DEPARTMENT) and the City of Boynton Beach (CITY), mutually agree that it is in the best interest of both entities to undertake the certain irrigation system improvements, landscaping and maintenance along Boynton Beach Boulevard (State RoacF04), from Northwest 4th Street to Federal Highway US #1 (State Road 5) and Federal Highway US #1 (State Road 5), from Gulf Stream Boulevard to Boynton Canal, within the City of Boynton Beach. 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, does hereby authorize and direct the Mayor and City Clerk to execute an Agreement between the City of Boynton Beach and the State of Florida Department of Transportation, for joint project participation along Boynton Beach Boulevard and Federal Highway, known as State Project No. 93010-3505, a copy of said Agreement being attached hereto as Exhibit "A", Section 2. That this Resolution shall become effective immediately upon passage. Boynton Beach 100 E. Boynton Beach Boulevard P.O. Box310 Boynton Beach, Florida 33425-0310 CityHall.. 64o7) 375-6ooo FAX: (407) 375-6090 CERTIFICATION I, Suzanne M. Kruse, City Clerk of the City of Boynton Beach, Florida, do hereby certify that the attached excerpt of minutes from the Regular City Commission meeting held on 10/15/96, consisting of four (4) pages, (pages 2 thru 5), is a true and correct copy as it appears in the records of the City of Boynton Beach, Florida. WITNESS, my hand and the corporate seal FLORIDA, this 17th day of October, 1996. of the CITY OF BOYNTON BEACH, Suzaitne M. Kruse, CMC/AAE City Clerk October 17, 1996 America"s Gateway to the Gulfstream MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA 2. Adoption Vice Mayor Jaskiewicz moved to approve the agenda as amended. Commissioner Bradley seconded the motion which carried unanimously. II. ADMINISTRATIVE: A. Appointments to be made: APPOINTMENT TO BE MADE BOARD LENGTH OF TERM EXPIRATION DATE I Titcomb** Adv. Bd. on Children & Youth Stu/Reg I yr term to 4/97 III Jaskiewicz' Adv. Bd. on Children & Youth Stu/Reg I yr term't0'4/97 IV Tillman* Adv. Bd. on Children & Youth Reg Term expires 4/97 II Bradley' Community Relations Board Alt 1 yr term to 4/97 III Jaskiewicz* Cemetery Board Alt Term expires 4/97 II Bradley* Education Advisory Board Alt Term expires 4/97 TABLED Commissioner Titcomb's appointment to the Advisory Board on Children and Youth remained on the table, and all other appointments were tabled, Motion Commissioner Bradley moved to table all appointments. Commissioner Tillman seconded the motion which carried unanimously. III. CONSENT AGENDA: A. Minutes: 1. Regular City Commission Meeting Minutes of October 2, 1996 B. Bids Award bid for City Hall Municipal Building Flashing Repairs to S & S Roofing in the amount of $5,000 and authorize execution of contract- Proposed Resolution No. R96-152 Award bid for Restaurant concession at the Boynton Beach Municipal Golf Course to J. C. Food Service Concession and authorize execution of contract - Proposed Resolution No. R96- 153 ' MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA C. Resolutions Proposed Resolution No. R96-154 Re: Authorize execution of Joint Participation Agreement between the State of Florida Department of Transportation and the City of Boynton Beach for Irrigation & Landscaping Improvements on Federal Highway and Boynton Beach Boulevard Proposed Resolution No. R96-155 Re: Authorize execution of a contract with the Children's Services Council of Palm Beach County for the Recreation, Athletics and Police (R.A.P) Program Proposed Resolution No. R96-156 Re: Confirming and ratifying the appropriate exhibits heretofore referenced in Ordinance 096-40 Adoption of Current Building Codes Proposed Resolution No. R96-157 Re: Authorize execution of agreement between the City of Boynton Beach and Florida Power & Light Company wherein FPL is donating a portion of its Golf Substation property to the City D. Approval of Bills City Manager Parker Hill added two bills for Pure Air in the amounts of $44,382.19 and $18,137.42. A copy of the bills is attached to the original copy of these minutes on file in the City Clerk's- Office. E. Payment of Bills - September, 1996 A copy of the bills is attached to the original copy of these minutes on file in the City Clerk's Office. F. Approve Records Disposition Requests for the City Clerk's Office Memorandum 96-124 from Sue Kruse to City Manager Parker Hill advises that Records Disposition Requests #313 and #314' have been approved by the State. Approve request for transfer of Cemetery Lots 27 A & B, Block N, Boynton Beach Memorial Park MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA As outlined in Memorandum 96-131 from Sue Kruse to City Manager Parker, Donald H. and Marion P. Ramsey request permission to transfer cemetery Lots 27 A & B, Block N, Boynton Beach Memorial Park to Charles and Catherine Hoekstra. Approve transfer of funds from contingency to cover cost of appraisal of the Ocean Ridge property In a Budget Transfer Request from the City Manager to the Finance Department, $1,000 is transferred from Account #001-194-5-911.00 (Contingency) to Account #001-194-5- 499.00 (City Hall - Other Contractual Services) to provide funding for appraisal of Ocean Ridge property. Approve purchase of guardrails and miscellaneous4tems for bridge repair at South Lake Drive and South Diane Drive both over Lake Ida, and on Mission Hill Road over the E-4 Canal piggybacking Palm Beach County Bid from Florida Guardrail, Inc., in the amount of $16,261.74 Public Works Department Memorandum #96-225 from Robert Eichorst to Carrie Parker dated October 8, 1996, advises that this work is budgeted in the Engineering Department budget and is part of the major bridge repair as directed by D.O.T. This work is for three of six bridges that need refurbishing. Approve purchase of new range ball washer/dispenser for the Municipal GOlf Course from BalI-O-Matic in the amount of $5,698.50 As outlined in Golf Course Memorandum #96-050 from Joe Sciortino through Dale Sugerman to the City Commission, authorization is requested to purchase this machine which is part of the Golf Course's maintenance equipment replacement schedule. This rePlacement is budgeted for Fiscal Year 1996/97. There is currently $118,269 in Account #411-726-5-680.08 to cover thiS expenditure. Approve purchase of two Backhoe/Loaders under the General Services Administration (GSA) contract awarded to Caterpillar, Inc., for the Utilities Stormwater & Sewage Collection Division in the amount of $119,674.30 As outlined in Utilities Memorandum #96-323 from John Guidry to Carrie Parker, authorization is requested to purchase this equipment. The Sewage Collection Division has $65,000 available in account #401-351-5-973.00 for a backhoe/loader tractor. The Caterpillar 416C Standards Backhoe/Loader is quoted at $55,238.69 which leaves a surplus of $9,761.31. The Utilities Stormwater Division has $40,000 available in Account #425-397-5-973.00 for Tractor Loader/Box Blade. The Caterpillar 416C Backhoe/Loader with a multi-purpose front bucket, swinger coupler and 36" ditch cleaning bucket is quoted 4 It/IINU:I'ES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA at $64,435.61. Utilities previously purchased a Combination Sewer Cleaning vehicle from this account and has a surplus of $15,341. This still leaves the purchase of this equipment short by approximately $9,100. A budget transfer request from the Sewage Collection Division for the remaining dollars has been submitted. Approve one (1)year extension for the renewal of the annual contract for Office Supplies with Corporate Express of Florida Corporate Express of Florida has provided the City with office supplies for one year in a satisfactory manner. The bid will expire on November 7, 1996. However, according to the Terms and Conditions, we have the option to renew the bid and extend the prices for an additional one-year period provided both parties agree. Purchaseing ~s requesting approval of a one-year extension for the bid' ANNUAL CONTRACT FOR OFFICE SUPPLIES. Approve purchase (replacement) of two Club Car Carry-All II utility vehicles piggybacking a bid awarded to Hector Turf from the City of Hialeah in the amount of $9,350 As outlined in a Golf Course Memorandum from Daniel Miller through Joe Sciortino to.the City Commission dated October 10, 1996, authorization is requested to replace the Club Car Carry-All II units. The bid price is $4,675 for each for a total of $9,340. Funds are available in the maintenance equipment reserve Account #411-726-5-680.08. Authorization to proceed with Request for Qualifications (RFQ) for Managed Care Services for workers' compensation services As outlined in Chuck Magazine's memorandum to Wilfred Hawkins dated October 7, 1996. the State of Florida has mandated managed care arrangements for workers' corn pensation programs to be effective January 1, 1997. It is recommended that the Request for Qualifications be approved and distributed to the companies that are on the Vendor List, and that the time sequence indicated in the memorandum be implemented. Motion Commissioner Bradley moved to approve the Consent Agenda as amended. Commissioner Titcomb seconded the motion which carried unanimously. IV. ANNOUNCEMENTS & PRESENTATIONS: A. Announcements: DIST 4 PURCHRSING TEL:305-52~-8621-390 Oct 25,96 9:07 No.O02 P,Oi FLORIDA DEPARTMENT OF TRANSPORTATION DISTRICT IV 3400 W~ST COMMERCIAL BLVD FT. LAUD~ FL 2~309-~421 FAX - (954) 777-4602 SUNCOM FAX - 436-4602 SWITCHBOARD - (954) 486-1400 x. PROFESSIONAL SERVICES PHONE NUMBER: -._.~"'1 ~_-- ~k_~ ~ VAX: .......... .(?~\%._~'n~_.- t ,:,~ .... . .................. NUMBER OF PAGES SENT INCLUDING THIS COVER $ItEET:..,~ .... TEL:305-524-8621-390 Oct 25,96 9:07 No.O02 P.02 DIST Zl PURCHFISING 7 .......................... ' ............. the private property. The CITY agrees to make all previous studies, maps, drawings, surveys and othex data and information pertaining to the PROII~CT available to th~ DBPARTMBblT at no ~xtra cost to tho DEPARTMENT. Tho panie~ agee that the PKO~IECT shall be undertaken and shall be provided in proportionate shares. The "Total Estimated Costs" and funded amount of soJd ?ROIECT is One Million and Ninety Eight Thousand, Four Hundred and Fifty Dollars ($1,098,450.00). The breakdown of the "Total Estimated Costs" are as follows: . "Estimated" cost amount for the Irrisatio. Improwmom~ Throe Hundred Thirty Seven Thousand, Thre~ Hundred and Twenty Dollars ($337,320.00) . "iEathna~ed" cost amount f~r Landscaping ia; Seven Hundred Sixty One Thousand, One Hundred and T~ny Dollars ($761,130.00) The CITY shall provide thirty on~ pelto one two sight pero~nt (31.12-8%) of the estimated ~sts for th~ lrfi~aiion Im~ro~aents, for a total amoum o~ One Hundred and Five Thous~d Dollat~ ($105,000,00). ~e CITY sh~l al~ pm~,~ ~ .. _. ~ of tho tot~ estimated costs for Land,taping, for a total amount of Fo~y ~ousand Dollars ($40,000.00). Tho DEP~T~NT shall provide sixty eight poim elgM s~n ~o percem (6g.8~2%) of the total e~im~ ~ost for Irrigation Imprvwments for a total amoum et Two ~undred and TMrd ~'o Ttlousand and Thr;; Hundred and Twenty Dollars ($232,320.00) and ~-~, ........ ~ ~~ofth, estimated eo~is for Landscaping, for a total amount of S~en Hundr~ and Twenty eno Thousand, One HuMred and Thi~y Doilars ($721,130.00), which indud,$ th~ g~o'a "federal aid matching monies. These matct~ing share pereentag;s shall also apply to any supplemental agreements} claims mad contingencies. The DEPARTMENT shall have tl~e sole respons~ility for resolving claims and requests tot additional work for ~1~o m omCx. The DEPARTMENT will make its best effor~ to obtain CITY input !n its deelslons. 3 d 7 PURCHI:ISING Ill ~ ........... TEL:305-524-8621-390 I Oct 25,96 9:07 No.002 P.03 A BanYan tree lOCated at the soutlmast corner of Frxleral Highway and Castillo Lane (SE 1 lJh Ave), Tile lnaintenance activities shall include the tree canopy over th~ road and the section the private property. Th~ CITY agrees to make all previous studies, Inaps, drawings, surveys and other 6ate and information pertaining to the PROJECT available to ate DEPARTMENT at no extra cost to the DEPARTMENT. The parties agree that thc PROJECT shall b~ undertaken and shall be provided in propo~;iona~ shares. The "Total Estimated Costs" and funded amount of sald PROJECT is One Million and Nim~y Eigltt Thousand, Four Hundred and Fifty Dollars ($1,098,450.00). The Dreakdown of the 'Total Estimated Costs" m'e as follows: ~ "Estimated" cost amount for the Irrigation Improveraems is; Thre~ Hundred Thirty seven Thousand, Tiptoe Itundtvd v,'~d Tv~rtty Dollars ($337,320.00) "Estimated" cos; m~ount for LarM~aplng Is: Seven Hundred Sixty One Thousand, Ode Hundred and Thirty Dollars ($761,130,00) The CITY shall provide thirty one point one two eight percent (31A28%) ol'tbe estimated co~ for ~e Irrigati~ Improvem~ts, for a tot.~ ~ount of One Hun~ ~fl Five Tlmus~d Dollars ($105,000.00). ~e O~ ~aH also p~vide five point ~ five five p~nt (5.255%) of~e to~. estimated costs for Lm~dseaptng, for a total ~o~t of Fo~ ~d Dollm~ ($40,000.00). DEPAK'~ENT shall provide Mxty-eight ~iat eight $~ two ~rcent (68.872%) of ~o total estjma;~ cos~ for Irri~tion lmptovomen~ for a to~ ~o~t of Two Hund~ ~d Thi~ T~ ~ousand m~d 'r~ H~rM m~d TwmW Dollars ($232.320~00) ~d ~.fom ~int ~vea fo~ p~eonl (94.745%) of ~e estimated ~ for Lm~d~P~g, ~ a to~ m~t of govoa H~rM T~nW One ~ous~d, One H~ aaa Thi~ Doll~s ($721,130.00). w~eb includes red,al aid mte~ monies, l~l~e mmching ~am por~n~8es s~ll alto ap~ly to any agr~ments, claims ~a ¢onfngenoles. Thc DEPARTMENT flxall Imve file sole r~ponsibility for resolving claims ~d requests for addltlonal work for th* PROIECT. The DE?ARTMBq'rT will rnak, its b~sJ ~ffo:4 to obtain CITY input in its I~L:6Ub-b2~-gb21-6UU Uct 2b ,~Jb U'iU NO.UU3 F.U1 PROFESSIONAL SER }'.ICES DATE: ~ c~ ~.~, \%%tv .................................. lo:_..~..~__~.~,% t%~,~, ~c ' ~.~_ ~: (~D ~:~- [~~ .......... ~[MBER OF PAGES SENT INCLUDING T~I$ COVER $~g~T; ~ FAX NUMBER: ~ PUR~HP~.B IIq~ TEL.305-524-8621-3§0 0u¢ 25,.:~.6 9.10 Iqu.003 P.02 U]-.- r-.. J ...... ~r .... ,I ..... I... I~ I~.lil llll Iii ..l..JI [ ..... J_, ._1 ........ Th~ "Tt, t~l ]2~flm.l~'d C~,~I~' ,~,,d £~,"d~d .,.,,~,,,I ~,Vu, Pi P~O~CT b Oaz ~iili~ ~nJ ~J,f~ Right Till the lrrlgati~n hnpro~m~nts, for a lotal mnount of O~ Hu,dre~ m~ Five Y~ou~ Dollars ($105,0U0.00}, '1'~ CI ~Y gh~ll ~l,m pro~:tJ~ .., . ~ . : ) of the mtsl ~ofthc eafimat~ goll~ !~r Landscaping, ~r a total ~u,)t of Seve~ Ilundmd ~nd t~deral ~d marching moni~- Th~ matchit~g sha~e p~aemaB~ sh~l~ ~J'~,r,~ti, ~'m~tt~~t .... 'it)~l~.~l',~.J~vmi'~ ~""" ""~'~ ~."~' '"-'"" '"'~' .... IL.Ill., jlL ...... l ' .,., d~i~.~ mid Jlifllir]lilll fill Tllhlilil'lllilJ work fo~ the Pl~.OJi~CT. '].'he I )P;I'AK ! IYI~DI l wl[l in~k~ l~ b~ ..ff,~,t Lc. ~be~bt CITY lnp,.,t in it~ 3o~7 TEL:305-524-8621-390 Oct 25,96 9:15 No.003 P.03 information p,rtainin§ to the PROIECT available, tn the. DF, PARTMF, NT at no cx~r~ ~ t9 the 'rim ,,mira ,,,,m, ll~f tl~r I'lfi llr f"l' ~lmll 1~11 , ,,, ~ u.t;.~t Co~*~n ~d ~dod ~nou.t ,,r,-.;,~ p~Pfi~ ~nr, Miilinu and NiII~ ~i~hi Estimated Co~¢' ara aa , "iniimmd" cn~ mmm;'fnr lhn lrdf'alifln ~ "Esdmmed" cost mourn for L~dscap[~ th~ In'i~don lm?~vcments, fo~ a ,omi ~ouat uf 0,,~ .lI'~,~ ~.~iv~.~u~.Dolla~ n~n~n~hlT rbll nm~ifln ~i~'l~-niHlI ~i~t f~ ~" ~ ~t~n~ to~,~,~ ~, .,, estimates cost for Idgadon hnptu~umel~ts fo~ a ~tal ~o~t of T~ Hundred and '1'~ %omna a.a %tee Hm~a~ aaa 'rmv Doll.s ($232.320.00} ~d ~e~-il~t~ point ~ev~ faut five Twm~ One Thous~d, One N~d~ and 'rlfit'ty DolI~'~ ($721,130,00), which ilidlldfls thc agvoamOam, claim~ ~,,,1 ~c DtSI'~T~T ~l.l hm~thn sale r~ttdll,.~-~, ,~1,,~$ ~l~~n and v,q-av~ f~ a~tin~i WPI No: 4118666 :lob No: 93010-3505 F.A. No: N/A Fund Code: Contract No: Vendor No: VF 596000282-015 SAMAS Approp: 088849 SAMAS Object: 131521 Org Code: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND CITY OF BOYNTON BEACH JOINT PARTICIPATION AGREEMENT TI:lIS AGREEMENT, entered into this day of , 19 _, by and between the State of Florida Department of Transportation hereinafter called the DEPARTMENT, and CITY OF BOYNTON BEACH, State of Florida, located at 100 East Boynton Beach Boulevard, P.O.Box 310, Boynton Beach, Florida 33425-0310, hereinafter called the CITY. WITNESSETH WHEREAS, the DEPARTMENT and the CITY mutually agree that it is in their best interest to undertake the certain irrigation system improvements, landscaping and maintenance along Boynton Beach Boulevard ( State Road 804), from Northwest 4th Street to Federal Highway US #1 (State Road 5) and Federal Highway US gl (State Road 5), from Gulf Stream Boulevard to Boynton Canal, within the City of Boynton Beach (WPA 4118666) State Project No. 93010-3505, hereinafter referred to as the "PROJECT"; and WHEREAS the DEPARTMENT is required by law to acquire local agency participation to fund these certain irrigation system improvements, landscaping and maintenance for the project. Proposed irrigation improvements will be made in the median (s) and utility strip areas for Boynton Beach Boulevard (State Road 804) and Federal Highway US #1 (State Road 5). In addition, the parties agree to a Maintenance Agreement of all landscaping and irrigation system including brick pavers at the intersections of.' Federal Highway (State Road 5) and Boynton Beach Boulevard ( State Road 804); Federal Highway (State Road 5) and Ocean Avenue; and Boynton Beach Boulevard (State Road 804) and Seacrest Boulevard. Limits of the Maintenance Agreement are as follows; Federal Highway (State Road 5) North of Gulf Stream 1 0[7 PASSED AND ADOPTED this day of October, 1996. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ATTEST'. Commissioner. City Clerk FOOT/City JointPart. Agr 10/10/g6 Boulevard to Boynton Canal Bridge; and Boynton Beach Boulevard ( State Road 804) Northwest 4th Street to Federal Highway (State Road 5); and WttEREAS, the CITY, by resolution, dated , a copy of which is attached hereto and made a part hereof, has authorized the CITY to enter into this agreement, NOW, TttEREFORE, in consideration of the mutual benefits to be derived from joint participation on the PROJECT, the parties agree to the following: 1. The above recitals are true and correct and are deemed incorporated herein. o o The DEPARTMENT shall be responsible for securing the consultant services to perform the PROJECT and shall direct the management of the PROJECT. The selection of the consultant for the PROJECT shall be the responsibility of the DEPARTMENT. Upon execution of a Contract Agreement between the Consultant and the DEPARTMENT, the Consultant shall have Thirty (30) months to complete the PROJECT. The DEPARTMENT shall be responsible for assuring that the PROJECT complies with all Federal Highway Administration (FHWA) and DEPARTMENT standards. o The CITY shall be responsible to perform maintenance on the following: A. The paver brick installed as per plan by the DEPARTMENT in the utility strip-(R.O.W.) Areas of Boynton Beach Boulevard and Federal Highway US/ti. B.' The paver brick installed as per plan by the DEPARTMENT in the roadway intersections of: ,- Federal Highway US #1 / Boynton Beach Boulevard ~ Federal Highway US #1 / Ocean Avenue ,. Boynton Beach Boulevard / Seacrest Avenue C. The landscape and irrigation improvements, in the median (s) and utility strip areas as per plan, for BOynton Beach Boulevard and Federal Highway US #1 (within the City Limits). D. A Banyan tree located at the southeast comer of Federal Highway' and Castillo Lane (SE 1 lth Ave). The maintenance activities shall include the tree canopy over the road and the section 2 o[ 7 inside the private property. The CITY agrees to' make all previous studies, maps, drawings, surveys and other d~, and '! information pertaining to the PROJECT available to the DEPARTMENT at no extra co:, 9 the DEPARTMENT. The parties agree that the PROJECT shall be undertaken and shall be provided in proportionate shares. The "Total Estimated Costs" and funded amount of said PROJECT is One Million and Ninety Eight Thousand, Four Hundred and Fifty Dollars ($1,098,450.00). The breakdown of the "Total Estimated Costs" are as follows: ~ "Estimated" cost amount for the Irrigation Improvements is: Three Hundred Thirty Seven Thousand, Three Hundred and Twenty Dollars ($337,320.00) ,. "Estimated" cost amount for Landscaping is: Seven Hundred Sixty One Thousand, One Hundred and Thirty Dollars ($761,130.00) The CITY shall provide thirty one point one two eight percent (31.128%) of the estimated costs for the Irrigation Improvements, 'for a total amount of One Hundred and Five Thousand'--311ars ($105,000.00). The CITY shall also provide thirty point five three four percent (30.534%) of'~._~total estimated costs for Landscaping, for a total amount of Forty Thousand Dollars ($40,000.00). The DEPARTMENT shall provide sixty eight point eight seven two percent (68.872%) of the total estimated cost for Irrigation Improvements for a total amount of Two Hundred and Third Two Thousand and Three Hundred and Twenty Dollars ($232,320.00) and sixty-nine point four six six percent (69.466%) of the estimated costs for Landscaping, for a total amount of Seven Hundred and T~enty One Thousand, One Hundred and Thirty Dollars ($72 l, 130.00), which includes the State's federal aid matching monies. These matching share percentages shall also apply to any supplemental agreements, claims and contingencies. The DEPARTMENT shall have the sole responsibility for resolving claims and requests for additional work for the PROJECT. The DEPARTMENT will make its best effort to obtain CITY input in its. decisions. 3of7 The CITY agrees that it will furnish the DEPARTMENT a Lump Sum amount of ONE HUNDRED AND FORTY-FIVE THOUSAND DOLLARS ($14S,000.00) for the payment of the CITY's proportionate share of the PROJECT tO be made in two payments of $72,S00.00 each. These deposits shall be provided to the DEPARTMENT as follows: PAYMENT ONE $72,500.00 due on or before October 31, 1996 PAYMENT TWO $72,500.00 due on or before November 29, 1996 9. Should' the DEPARTMENT and the CITY. decide to proceed with subsequent phases of the'PROJECT, this AGREEMENT shall be amended to identify the respective responsibilities and the financial arrangements between the parties. 10. 11. 12. The parties agree that the PROJECT is dependant upon the CITY's payment of funds to the DEPARTMENT for its share of the costs of the PROJECT and additional work, supplemental agreements and claims. Should the CITY fail to provide the necessary funding to proceed with the PROJECT, the DEPARTMENT's obligations to continue with the PROJECT shall be terminated and this Agreement shall be null and void. This Agreement or any interest herein shall not be assigned, transferred or otherwise encumbered by the CITY under any circumstances without the prior written consent of the DEPARTMENT. However, this Agreement shall mn to the DEPARTMENT and its successors This Agreement shall continue in effect and be binding to both the CITY and the DEPARTMENT until the project is completed and appropriate reimbursements are made. 13. The DEPARTMENT agrees to keep complete records and accounts in order to record, complete and correct entries to all costs, expenditures and other items incidental to the ~ompletion of the PROJECT. Ali cost records and accounts shall be available for audit by a representative of the CITY within THREE (3) years after final billing by the DEPARTMENT to the CITY. 14. The CITY warrants that it has not employed or obtained any company or person, other than bona fide- employees of the CITY to solicit or secure this Agreement and it has not paid or agreed to pay any 4of7 15. company, corporation, individual or firm, other than a bona fide employee employed by the CITY. Four breach or violation of this provision, the DEPARTMENT shall have the right to terminate the Agreement without liability. '~ This Agreement is governed by and constructed in accordance with the laws of State of Florida. 16. This document incorporates and includes all prior negotiations, correspondence, agreements, or understanding applicable to the matters contained herein and the parties agree that there are no commitments, agreements or understanding concerning the subject matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicted upon any prior representation or agreements whether oral or written. It is further agreed that no modification, amendment, or alteration in the terms and conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 17. 18. Upon final payment to the contractor for the entire project, the DEPARTMENT shall, within one hundred eighty (180) days furnish the CITY with two (2) copies of its final and complete billi~ ffall cost incurred in connection with the work performed hereunder, such statement to follow as cL~ly as possible the order of the items contained in the job estimate. The final billing show the description and site of the project; the date on which the first work was performed or the date on which the earliest item of billed expenses was incurred; the date on which the last work was performed or the last item of billed expense was incurred; and the location where the records and accounts billed can be audited. All cost records and accounts shall be subject to audit by a representative of the CITY. Any or all notices (except invoices) given or required under this Agreement shall be in writing and either personally delivered with- receipt acknowledged or sent by certified mail, return receipt requested. All notices delivered shall be sent to the following addresses: 5of7 If to the DEPARTMENT: If to the CITY: District Four Florida Department of Transportation 3400 West Commercial Blvd. Ft. Lauderdale, Florida 33309-3421 Attn.: Ms. Teresa Martin, Contractual Service Administrator With a copy to: Morteza Alian, FDOT Project Manager A second copy to: District General Counsel City of Boynton Beach 100 East Boynton Beach Boulevard P. O. Box 310 Boynton Beach, Florida 33425-03 I0 Attn.: Ms. Carrie Parker, City Manager With a copy to: CITY Attorney 6 olr7 IN WITNESS WHEREOF, the CITY has caused this Joint Participation Agreement to be executed in behalf this day of , 199 by the Board of CITY Commissioners authorized to enter i~ and execute same by Resolution No. of the Board on the day of , 199 . 'I effective date of this Agreement shall be the date the last party to this Agreement has signed. LOCAL GOVERNMENT BOARD OF CITY COMMISSIONER OF THE CITY OF BOYNTON BEACH STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY: BY' City Manager Rick Chesser, P. E. District Four Secretary ATTEST: SEAL Clerk ATTEST: SEAL Executive Secretary APPROVED: This document reviewed and approved as to form by Office of CITY Attorney, CITY OF BOYNTON BEACH, Florida, BY' CITY Attorney APPROVED: BY' District Director of Administration DATE OF EXECUTION: APPROVED: STATE oF FLORIDA DEPARTMENT OF TRANSPORTATION BY' District Legal Counsel 7o[7