R97-191RESOLUTION NO. R97-/~'/
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING
THE EXPENDITURE OF $27,060 FROM THE C.I.P.
FOR ESTIMATED CONSTRUCTION COST INCREASE
AND AUTHORIZING THE MAYOR AND CITY CLERK
TO EXECUTE THE JOINT PARTICIPATION
AGREEMENT BETWEEN THE CITY OF BOYNTON
BEACH AND THE STATE OF FLORIDA DEPARTMENT
OF TRANSPORTATION IN REFERENCE TO THE EAST
OCEAN AVENUE BRIDGE PROJECT
IMPROVEMENTS; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the State DOT is currently undertaking the preparation of
the Design Plans for the Ocean Avenue (SR 804) bridge replacement over the
Intracoastal Waterway and roadway improvements from US 1 to SR -AIA; and
WHEREAS, the State DOT construction plans show the decorative
paverbricks being installed from the intracoastal bridge West to NE 6th Avenue and
terminating at that point; and
WHEREAS, the City Commission of the City of Boynton, upon
recommendation of staff, deems it to be in the best interests of the residents and
citizens of the City of Boynton Beach to approve the C.I.P. expenditure of $27,060
for estimated construction cost increase to purchase 12,300 square feet of
additional decorative paverbricks along East Ocean Avenue;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. Each Whereas clause set forth above is true and correct and
incorporated herein by this reference.
Section 2. The City Commission of the City of Boynton Beach, Florida
does hereby approve the expenditure of $27,060 from the C.I.P. for estimated
construction cost for changing the concrete walkway to the decorative paverbrickes,
and authorizes the Mayor and City Clerk to execute a Joint Particpiation Agreement
between the City of Boynton Beach and the State of Florida Department of
Transportation in reference to the East Ocean Avenue Bridge project improvements,
which Agreement is attached hereto as Exhibit "A".
Section 3.
That this Resolution shall become effective immediately upon
passage. .
PASSED AND ADOPTED this /,~
ATTEST:
Cite'clerk
~JPA - E.Oc~ pav&rbdck~ 11/9/e7
day of November, 1997.
CITY OF BOYNTON BEACH, FLORIDA
~ ~/ice Mayor
- Cor~missj~~ ~
~CoCo~mm~ssion~rr~/'~~
Commissioner ~
W.P.I.. No: 4118055
Job No: 93200-1604/1506
F.A. No: N/A
Contract No: [h~,~-
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 thi~__ day of~2>%~ ,l~'~y and between the STATE OF
FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter called the DEPARTMENT, and the-'
CITY OF BOYNTON BEACH, State of Florida, located at 100 East Boynton Beach Blvd., Boynton
Beach, FL 33425-3505, hereinafter called the CITY.
WITNESSETH
WHEREAS, the DEPARTMENT is currently undertaking the preparation of the Design Plans
for the Ocean Avenue (SR-804) bridge replacement over the Intracoastal Waterway and roadway
improvements from US-1 to SR-A1A (WPA # 4118055), hereinafter referred to as the PROJECT.
WHEREAS, the CITY has requested certain construction alterations (up scaling the proposed
concrete sidewalk, between US-1 & 6th Street, to paver bricks) to the PROJECT as originally conceived;
and,
WHEREAS the DEPARTMENT does not have the funding capabilities to implement the said
alterations to the PROJECT; and,
WHEREAS, the CITY agrees to fund any increased costs in construction as a result of these
change requests; and,
WHEREAS, the CITY, b~ resolution, dated ///~,e//~',,~ , a copy of which is attached hereto
and made a part hereof, authorizes 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.
2. The DEPARTMENT shall be responsible for continuing with the consultant' services to perform
the PROJECT and shall direct the management of the PROJECT.
3. The DEPARTMENT shall be responsible for assuring that the PROJECT, including all the requested
design alterations, complies with all Federal Highway Administration (FHWA) and DEPARTMENT
standards.
4. The Total estimated construction increased costs of the PROJECT are approximately TWENTY-
SEVEN THOUSAND AND SIXTY DOLLARS ($27,060.00). The parties agree that the PROJECT
shall be undertaken and shall be provided in proportionate shares, The contribution of the CITY shall be
on hundred percent (100%) of the increased construction costs of the PROJECT, provided, however,
that in the event the Federal Government fails to contribute an mount which is equal to the Federal
government's percentage contribution, the CITY shall be responsible for fifty percent (50%) of the funds
required to match the non-Federal share, including cost overruns or supplemental agreements. The
DEPARTMENT shall be responsible for the remaining fifty percent (50%) of the funds required to match
the non-Federal share, including cost overruns or supplemental agreements not paid by Federal funds..
5. The DEPARTMENT shall have the sole responsibility for resolving claims and requests for additional
work for the PROJECT.
6.A) The CITY agrees that it will, at least ninety (90) calendar days prior ro the DEPARTMENT's
advertising the project for bid, furnish the DEPARTMENT an advance deposit in the amount of $
27,060.00 for full payment of the estimated project cost for locally funded project number 93200-
1604/1506. The advance deposit' shall be the total 'estimated project costs plus allowances. The
DEPARTMENT may utilize this deposit for the payment of the cost of the project.
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t3) The payment of funds under this Joint Participation Agreement will be made directly to the
DEPARTMENT for dePosit_ into the State Transportation Trust Fund. Payment shall clearly indicate
that it is to be applied, to State Project: 93200-1604/1506.
C) If the accepted bid amount plus allowances is in excess of the advance deposit amount, the CITY
will provide an additional deposit within fourteen (14) calendar days of notification from the
DEPARTMENT or prior to posting of the accepted bid, whichever is earlier, so that the total deposit is
equal to the bid amount plus allowances. The DEPARTMENT will notify the CITY as soon as it becomes
apparent the accepted bid amount plus allowances is in excess of the advance deposit amount; however,
failure of the DEPARTMENT to so notify the CITY shall not relieve the CITY from its obligation to pay
for its full contribution on final accouming as provided herein below.
D) If the accepted bid amount plus allowances is less than the advance deposit amount, the
DEPARTMENT will refund the amount that the advance deposit exceeds the bid amount plus allowances
if such refund is requested by the CITY in writing and approved by the Comptroller of the Department
or his designee.
E) Should 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
the additional work being performed, adequate funds to ensure that cash on deposit with the
DEPARTMENT is 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 award amount; however, failure
of the DEPARTMENT to so notify the CITY shall not relieve the CITY from its obligation to pay for its
full contribution on f'mal accounting as provided herein below.
F) Upon final paymem to the Contractor, the DEPARTMENT intends to have its final and complete
accounting of all costs incurred in connection withthe 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 fmal close out of the project. The CITY will be notified of the final
cost. Both parties agree that in the'~vent'the final accounting oftot,(d prOject Costs pursuam to the terms
of this agreemem 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. In the event said final
accounting of total project costs is greater that the total deposits to date, the CITY will pay the additional
amount within forty (40) calendar days from the date of the invoice. The CITY agrees to pay interest ar-
a rate as established pursuant to Section 55.03, Florida Statutes, on any invoice not paid within the time
specified in the preceding sentence until the invoice is paid.
G) 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.
H) 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 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 alterations to the PROJECT shall be terminated.
9. 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
10. This Agreement shall continue in effect and be binding to both the CITY and the DEPARTMENT
until the project is completed.
i 1. To the extent allowed by the Laws of Florida, 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 the
subject hereof. It is sp_ecifically 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 CITY to solicit or secure this Agreement and it has not paid or agreed to pay any
company, corporation, individual or f'n'm, 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.
13. This 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
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
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 be effective
unless contained in a written document executed with the same formality and of equal dignity herewith.
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1'5. 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 the DEPARTMENT:
If to the AGENCY:
District Four
Florida Department of Transportation
3400 West Commercial Blvd.
Ft. Lauderdale, Florida 33309-3421
Atm.: Ms Teresa Martin, Contractual Services Administrator
With a copy to: Alaa E1-Halwagy - FDOT Project Manager
A second copy to: District General Counsel
City of Boynton Beach
100 E. Boynton Beach Blvd.
Boynton Beach, Florida 33425-0310
Attn: Kerry Willis, City Manager
Copy To: Kevin Hallahan
/_N WITNESS WHEREOF. the CITY has caused this Joint Participation Agreemem to be executed in its
behalf this ,~/ day of ,4,/~"~'--,,'~,<~-,,?' , 19 ~'~' by the Board of CITY Commissioners
authorized to enter into and execute same by Resolution No. ,5~':~'-/~'/ of the Board on the
/~' day of A6;;~/~'-/~/,e~-7~ ,19.._~.. The effective date of this Agreement shall be the date the last
party to this Agreement has signed.
CITY OF BOYNTON BEACH STATE OF FLORIDA
BOARD OF CITY COMMISSIO,~i~8.1~,///. DEPARTMENT OF TRANSPORTATION
Mayor ~~ ~ ~: ~ck Ch~sser, P E
~ ~ O .% ~....:~ .~ D~s~lct Four Sec rem~
/ I ~ ~ ......... ~
ATTEST:~~~ ~ ATTEST:
a Clerk Executive Secrem~
APPROVED:
This document reviewed and approved as
to form by Office of CITY Attorney,
City of Boynton Beach, Florida,
CITY Attorney
APPROVED:
District Director of Administration
DATE OF EXECUTION:~_c'~?~-~
APPROVED: ~5 -~'c> ~<,.--,.-_
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
FLORIDA
LAW'TON CH ILF~
DEPARTMENT OF TR/ SPORTATION
PROFESSIONAL AND OTHER CONTRACTUAL SERVICES ~or, t~s
3400 West Commercial Boulevard, Fort Lauderdale, Florida 33309-3421 SgC~TAm'
Telephone: (954) 777-4603 Switchboard (954) 486-1400
Mr. Kevin Hallahan
City of Boynton Beach
100 E. Boynton Beach Boulevard
Boynton Beach, Florida 33425-0310
OVERNIGHT
October 21, 1997
Re:
Joint Participation Agreement
WPA 4118055; State Job Nmnber 93200-1604/1506
Construction Alterations / US-1
Dear Mr. Hallahan ·
I am enclosing five (5) copies of the Joint Participation Agreemem (JPA) for the above referenced
project.
Please do not date the agreements. I will do this once we receive the signature of our District
S~cretary, Rick Chesser. In addition to the return of the five signed agreements, we will need
t~o (2) original and three (3) certified copies of the Commission resolution that authorizes the
execution of the JPA. If it is not possible to obtain resolutions, we will need five (5) certified
cCpies of the minutes of the Commission meeting when this agreement was approved for
execution.
Please contact me at 954-777-4623 if you have any questions about the JPA.
CC.'
Sincerely,
Teresa Martin, CPPB
Professional Services Unit
Alaa EI-Halwagy - FDOT Project Manager
File