Loading...
R99-025RESOLUTION R 9 9-,,~,.~' A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A JOINT PARTICIPATION AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH (CITY) AND THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) FOR WORK RELATED TO THE CITY'S DOWNTOWN REGIONAL STORMWATER PROJECT, PHASE I; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, FDOT is currently undertaking a construction project along OceanAvenue, from SR 5 to SR A1A, through its current contract (State FM No. 229011/1/52/01, WPI No. 4118055) in Palm Beach County, Florida; and WHEREAS, the City of Boynton Beach has requested and agrees to participate in certain modifications to the contract; specifically drainage modifications to connect the City's regional pond in order to eliminate the use of a drainage pond on Ocean Avenue, within the project limits; and WHEREAS, the parties hereto mutually recognize the need for entering into an Agreement designating and setting forth the responsibilities of each party; 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, Florida does hereby authorize and direct the Mayor and City Clerk to execute a Joint Participation Agreement between the City of Boynton Beach and the State of Florida Department of Transportation, a copy of which Agreement is attached hereto as Exhibit "A". Section 2. passage. This Resolution will become effective immediately upon PASSED AND ADOPTED this ,w-~, day of March, 1999. CITY OF BOYNTON BEACH, FLORIDA vi~e Ma.y~ ] ! ..-, 5 M~a~or Pro Tam Com.~si~-ner Commissioner , ,I . '? q1~q u(if- ~ Florida Department of Transportation JEB BUSH GOVERNOR' PROFESSIONAL AND OTHER CONTRACTUAL SERVICES - DISTRICT IV 3400 West ConunercialBaulevard, FotiLauderdale, Florida 33309-3421 TeIephone:(954) 777-4603iFax (954) 777-4662 THOMAS F. BARRY, JR. SECRETARY March 29, 1999 Mr. Pete Mazzella Assistant Utilities Director City of Boynton Beach 100 E. Boynton Beach Boulevard Boynton Beach , Florida 33435 : ~ RE: Joint Participation Agreement State FM Nmnbe..: 229011/1/52/01 Regional Pond Connection. / Ocean Avenue Dear Mr; Mazzella : Enclosed please find two (2) original executed Joint Participation Agreements for the referenced project. These documents are for your records. The partially executed Memorandums of . Agreement (MOAs) have been forwarded to the Comptrollers Office for completion. Once completed, I will forward two (2) originals to your attention. Thank you for your assistance in this matter. If you have any questions, please call me. I can be reached at (954) 777-4623. . Sincerely, ~~g ~~~~.~ Teresa Martin, CPPB Professional Services Unit enc: JPA's (2) copy: Mary Conway, FDOT District Consultant Management Engineer Anh Ton, Consultant Management File www.dot.state.fl.us S RECYCLED PAPER FM No: 229011/1/52/01 Fed. Project No.:6424 004 U WPINo: 4118055 Fund Code: LF Vendor No: VF 596-000-282-005 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND CITY OF BOYNTON BEACH JOINT PARTICIPATION AGREEMENT . THIS AGREEMENT, entered into this L ~~ dayof~ .......~ , 19~ by and between the State of Florida Department of Transportation, hereinafter called the DEPARTMENT, and the City of Boynton Beach, located at 100 E. Boynton Beach Boulevard, Boynton Beach, Florida, hereinafter called the CITY. WITNESSETH WUEREAS, the DEPARTMENT is currently undertaking a construction project along Ocean Avenue, from SR 5 to SR AlA, through its current contract (State FMNo.: 229011/1/52/01, WPI No.: 4118055) in Palm Beach County, Florida, hereinafter referred to as the PROJECT; and, WHEREAS, the CITY has requested and agrees to participate in certain modifications to the contract. Specifically: drainage modifications to connect to the CITY's regional pond in order to eliminate the use of a drainage pond on Ocean Avenue, within the project limits; and, 10f8 .. WHEREAS, the DEPARTMENT agrees to amend its current contract to include the modifications but does not have funding capabilities to implement the said modifications to the PROJECT; and, WHEREAS, the CITY agrees to participate in funding the increased costs as a result of the requested modifications; and, WHEREAS, the CITY is prepared to cOInplete its ongoing work at the CITY regional pond, in order for the DEPARTMENT to achieve the proposed system connection by June 30,2000; and, WHEREAS, the modifications are in the interest of both the CITY and the DEPARTMENT and it would be more practical, expeditious, and economical for the DEPARTMENT to perform such activitieS'; and, WHEREAS, the CITY, by resolution, dated .-:Y/Uo.,o" , a copy of which is attached hereto and made a part hereof, is authorized 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 fonowing: 1. The above recitals are true and eorrect and are deemed incorporated herein. 2. The DEPARTMENT shall be responsible to perform the PROJECT and shan direct the management of the PROJECT, including the proposed modifications. ':.~ 3. The DEPARTMENT shan be responsible for assuring that the PROJECT complies with all Federal Highway Administration (FHW A) and DEPARTMENT standards. 20f8 "-"',"'7'C_'~=7~-~_'''",'.'~."-;oc'''''''''.,,,_''-;"'_'''-___'''_=.,..-O-""-.,=_,,",C_"C..",,_'."'_'_.~C_= 4. The CITY agrees to make all previous studies, maps, drawings, surveys and other data and iriformation pertaining to the PROJECT available to the DEPARTMENT at no extra cost to the DEPARTMENT. 5. 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. 6.(A) The CITY agrees that it will, within thirty (30) calendar days of execution of this Agreement, furnish the DEPARTMENT an advance deposit of ONE HUNDRED FIFTY THOUSAND DOLLARS ($150,000.00) as a deposit towards the modifications to project number 229011/1/52/01. The advance deposit shall be the total estimated cost of the modificati9ns. The DEPARTMENT may utilize this deposit for payment of Project 229011/1/52/01. 6.(B) The payment of funds under this Joint Participation Agreement will be made as provided in the attached Memorandum of Agreement between the CITY, DEPARTMENT, and the State of Florida, Department ofInsurance, Division of Treasury. 6.(C) Contingent upon receipt of the CITY's deposit, the DEPARTMENT shall supplement its current contract to include the PROJECT modifications. 6.(D) In the event that the cost of the modifications exceed the advance deposit amount, the CITY will provide. an additional deposit within fourteen (14) calendar days of notification from the DEPARTMENT , so. that the total advance deposit is equal to the cost of the modifications. The DEPARTMENT will notify the CITY as soon as it becomes apparent the cost of the modifications are in excess of the advance deposit amount; however, failure of the DEPARTMENT to so notify the CITY shal1 not relieve the CITY from its obligation to pay its 30f8 ---"-',"'-"_~.C'-'~,=""'7'_ -'--~-'._7'~.="'~.=.."-_,,,,O'.-__'-,,,O'.~'_~_.-___~'"~-"~~~_"~~'''''' full contribution on final accounting as provided herein below. 6.(E) If the cost of the modifications is less than the advance deposit amount, the DEPARTMENT will refund the amount that the deposit exceeds the actual mod~fications cost. 6.(F) Should additional contract modifications occur that increase the CITY's share of the total Project costs, the CITY will be notified by the DEPARTMENT accordingly. The CITY agrees to provide, in advance of any additional work being performed, adequate funds to ensure that cash op.deposit 'With tht(DEPAR'rMENTis.sufficient to fully fund its share of the Project. The DEPARTMENT shall notify the CITY as soon as it becomes apparent the actual costs will overrun the anticipated amo1,ll1t;however, failure of the DEPARTMENT to so.notify the CITY shall not relieve the CITY from its obliga.tion to pay for its full contribution on final accounting as provided.hercin below. 6.(G) Upon final payment to the Contractor, the DEPARTMENT intends to have its final and complete accounting of all costs incurred in connection with the work performed hereunder within three hundred sixty days. All project cost records and accounts shall be subject to audit by a representative of the CITY for a period of three (3) years after final close out of the project. The CITY will be notified of the final costs. Both parties agree that in the event the final accounting of total Proj ect costs pursuant to the terms of this Agreement is less than the total, deposits to date, a refund of the excess will be made by the DEPARTMENT to the CITY in accordance with Section 215.422, Florida Statutes. lfthe final costs exceed the advance payment the CITY will be invoiced for the balance. Upon receipt ofthe final invoice, the CITY agrees to reimburse the DEPARTMENT in the amount of such actual cost within forty (40) days from the date of the invoice. The CITY shall pay an additional charge as specified in Sectio~ 55.03, Florida Statutes, on any invoice not paid within the time specified in the preceding sentence, until the invoice is paid. 40f8 6.(H) The DEPARTMENT shall have the right to retain out of any payment due the CITY under this Agreement an amount sufficient to satisfy any amount due and owing to the DEPARTMENT by the CITY on any other Agreement between the CITY and the DEPARTMENT, whether existing now or in the future. 6.(1) In the event it becomes necessary for the DEPARTMENT to institute suit for the enforcement of the provisions of this Agreement, the CITY shall pay the DEPARTMENT's reasonable attorney fees and court costs if the DEPARTMENT prevails. 7. 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. 8. The p!JI1:ies 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 modifications to the PROJECT shall be terminated. 9. This Agreement or any interest herein shall not be assigned, transferred or otherwise encumbered by the CITY tinder any circumstances without the prior written consent of the DEPARTMENT. However, this Agreement shall run to the DEPARTMENT and its successors. 10. This Agreement shall continue inetlect and be binding to both the CITY and the DEP ARTM:ENT until the project is completed. 50f8 11. To the extent allowed by the Laws ofFlorida, the CITY hereby agrees to indemnify, defend, save, and hold harmless the DEPARTMENT from all claims, demands, liabilities, and suits of any nature arising out of, because of, or due to any intentional and/or negligent act or occurance, omission, or commission of the CITY, its agents, or employees, arising out of this cOntract or the work which is thes\.lbjecthereof. It is specifically understood and agreed that this indemnification clause does not cover or indemnify the DEPARTMENT for its own negligence. 12. The CITY warrants that it has not employed or obtained any company.or person, other than bona fide employees of the CITYtosoliGit or secure this Agreement and it has not paid or agreed to pay any cOIl1pany,. corporation, individual or firm, other than a bona fide. employee emPloyed by the CITY. For breach or yio1ationof this provision, the DEPARTMENT shall have the right to terminate the Agreement without liability. 13. Th!s Agreement is governed by and constructed in accordance with the laws of State of Florida. 14. 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 commitIl1ents, 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 predicated 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 beeft'ective unless contained in a written document executed with the same formality and of equal dignity herewith. "~ 6 of8 15. 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: If to theDEPARTMEN1': District Four Florida Department of Transportation 3400 West Commercial Blvd. Ft. I,auderdale, Florida 33309-3421 Attn.: 1'eresa Martin, Contractual Services Coordinator With a copy to: Mary Conway. FD01'District Consultant Management Engineer A second copy to: District General Counsel Iftothe CITY: City of Boynton Beach 100 E.B6yntonBeach Boulevard Boynton Beach , Florida 33435 Attn: Pete Mazzella, Assistant Utility Engineer Copy To: City Attorney 16. In the event this Agreement is in excess of $25,000.00 and has a term for a period of more than one year, the provisions of Chapter 339.135 (6)(a), Florida Statutes, are hereby incorporated: " The Department, during any fiscaryear, shall not expend money, incur any liability, or enter into any contract which, by its terms involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money made be paid on such contract, The Department shall require a statement from the comptroller of the Departmentthat funds are available prior to entering into any such contract or other binding conftnitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding one year, but any contract so madesh,aU be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of $25,000.00 dollars and which have a term for a period of more than one year." 70fS ;1 RESOLUTION R99-~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORiZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A JOINT PARTICIPATION AGREEMENT BETWEEN THE CITY OF BOYNTON. BEACH (CITY) AND THE STATE.. OF FLORIDA DEPARTMENT OF TRAN9PORTA nON (FDOY) FOR WORK R~.LA TE,p TO. THE CITY.'S DOWNTOWN REG10t'JAL STQRMWATlSRPROJECT, PHASE I; . AND PROVIDING AN .EFF~CTIVE DATE. ;, Ii " " 11 WHEREA~,. . FD()T is currently undertaking a construction project along OceanAvel1ue, fromSR5 to SR A1A, through its current contract (StateFM No:'22~Q11/1/52/01jWPI No. 4118055) in Pahn Beach County, Florida; and ii II [I II. WHEREA~, the City of Boynton Beach has requested and agrees to participate. in. certain modifications to the contract; specifically drainage modifications to connect the City's regional pond in order to eliminate the use of a drainage. pond on Ocean Avenue, within the project limits; and I WHEREAS, the parties hereto mutually recognize the need for entering into an Agreement designating and setting forth the responsibilities i r of each party; , II ! 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, Florida does hereby authorize and direct the Mayor and City Clerk to execute a Joint Participation Agreement between the City of Boynton Beach and the State of Florida Department of Transportation, a copy of which Agreement is attached hereto as Exhibit "A". . Section 2. This Resolution will become effective immediately upon passage. IN WITNESS WHEREOF, ~CITY has caused this Joint Participation Agreement to be executed in its b~halfthis.? day of, '\"C\--~ .. 19~ by the City Commissioners . authorized to ep.te~into 8,1ldexecute same by Resolution No.~""\~..Z5 ,and the DEPARTMENT has executed this AgreementthIOugh its District Secretary for District Four Florida Department ofTransportation, thisZ~'$-dayof,~"'-r~ ... 19~~The effective date ofthis Agreement shall be the date the last party to this Agreement has signed. ,~~~,; ~:.~<':~:':;f" .~;,~:.<'::;~:~ ~.e;, "~u~R..4~~'" '"'f' -,- ~ .::: ~.h.~.. ,'&:.~ () ~ .:::: 4. ,l(j- V.~ -:s:.-" ~ ~o '0 ,-::; ATTEST' ~N.-v...9Jc~~~AL r.. 1 ~TEST: City Clerk ~ % \ '" 9'2-v i ~ Executive ~ ".... \ .. ..."~ ~ ~ ............. ^ .s:. ;;, f?'v"", APPROVED: "-'14/ FLO ~~~ APPROVED: /1111111I11\\\\\\\ This document reviewed and approved as to form by Office of City Attorney, . /J ~ '>- ~ {~:&.r>~ n .... District Director of Administration BY:~~._~ \t$.~ITY Attorney BY: CITY OF BOYNTON BEACH By:.A DATE OF EXECUTION:,Y7~/"'\'\ APPROVED: (As to Form) DEPARTMENl'OF TRANSPORTATION ""''''''~''''''''-'''.F,."."-"",,,.;'c..t;' CJJfze Ci.ty<of tJ3oynton tJ3eacli 100 'E. 'Boynton 'Beac/i. 'Boufevartf P.O. 'B~310 'iJogntOl{> 'Bepch, :FforUfo.33425-0310 Cityf}{a!l:(561) 2"?"~f)"" 742-6060 ':F!lIX: (561) )15 ul;rjll 742-6090 CER TIFICA TION I, SUZANNE M. KRUSE, CITY CLERK of the City of Boynton Beach, Florida, do hereby certify that attached Resolution #R99-25 consisting of two (2) pages and the Joint ParticipatiQn Agreement referred to as Exhibit "A", are true and correct . copies a~theyappear in the records of the City of Boynton Beach, Florida. WITNESS, my hand and the corporate seal ofthe CITY OF BOYNTON BEACH, FLORIDA, this 15th day of March, 1999. ~~4''''~~~~ / SU. M. KRUSE, CM . /AAE City Clerk March 15, 1999 ~\\\II\IIIf/1/1111 "'\\\.{ ~ION Sllll~ ::- 0 ..'~'" ~ ~ > -<> ,...B$y, t;,:... "'l ~ ., Q. ~~J''()'' (' ~ ~~ (~ DV ) ~ j _' .~. A 9,.? - ~_.4.~\ /~::: ~ a.........~. r.. ...:::::- ~ t(\\.V ,... ~/II FLO ~\~ 1111111I.111\\\\\\\ Jlmerica's (j4teway to tlie (juifstream ~,_""=-.C."'."''-.-,--o=-,,~",,, ......, ',.,,,,.,,~=..-,,=,-o--'- v___,.,--.-,-.-__~'_ ___---"T.'-.,~~,~."ec..,,,.".._,.,,._,_._~7=._...,,"~~=~ ,. '-=_=_-~F.'-''''