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R02-069
RESOLUTION R02- O(oq A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN PALM BEACH COUNTY (COUNTY) AND THE CITY OF BOYNTON BEACH (CITY) FOR FUNDING OF INTRACOASTAL PARK IMPROVEMENTS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City has requested that Intracoastal Park (formerly referred to as Intracoastal Waterway Park Development) be allocated funding from Palm Beach County for its development; WHEREAS, the purpose of this Interlocal Agreement is to enhance recreational opportunities for use by the public and thereby provide a mechanism for the County to assist the City in the funding of the project; WHEREAS, the CITY desires to operate and maintain the Project upon its completion and said project shall be open to and benefit all residents of Palm Beach County; and WHEREAS, the Project represents recreation projects enumerated in the $25.3 Million Park Improvement Revenue Bond Issues, as amended; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. This Commission does hereby authorize and direct the Mayor and City Clerk to execute an Interlocal Agreement between Palm Beach County and the City of Boynton Beach for funding in an amount not to exceed $1,7000,000 for the development of Intracoastal Park. Section 2 That this Resolution shall become effective immediately upon passage. S:\ PASSED AND ADOPTED this I(~ day of April, 2002. CITY O~ BOYgqTDN BEACH, FLORIDA V~ce Mayor Commissioner ommlssloner ATTEST: (Corporate Seal) J. oc R2002 44B INTERLOCA~ AGREEMENT BETWEEN PALM BEACH COUNTY AND' THE CITY OF BOYNTON BEACH FOR FUNDING OF INTRACOASTAL PARK DEVELOPMENT THIS INTERLOCAL AGREEMENT is made and entered into on N-lf,,-o~. by and between PALM BEACH COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "COUNTY" and the CITY OF BOYNTON BEACH, a Florida municipal corporation, hereinafter referred to as the "CITY". WITNESSETH: WHEREAS, the CITY previously entered into an Agreement (R-97-366-D) for the funding of Intracoastal Waterway Park Development and Boat Club Park Improvements; and WHEREAS, the Agreement was amended (R-2000-0647) to revoke the funding of Intracoastal Waterway Park and to remove all references to Intracoastal Waterway Park from the Agreement; and WHEREAS, the City has requested that Intracoastal Waterway Park (now known as Intracoastal Park) again be allocated funding from Palm Beach County for its development; and WHEREAS, the CITY owns the Intracoastal Park property, located on North Federal Highway south of Gateway Boulevard in the City of Boynton Beach; and WHEREAS, the CITY desires to design and develop Intracoastal Park as a passive waterway park; and WHEREAS, the CITY has asked the COUNTY to financially participate in the design and construction of Intracoastal P, ark, hereinafter referred to as "the Project"; and WHEREAS, the Project represents recreation projects enumerated in the $25.3 Million Park Improvement Revenue Bond Issue, as amended; and WHEREAS, the CITY desires to operate and maintain the Project upon its completion; and WHEREAS, the Project shall be open to and benefit all residents of Palm Beach County; and WHEREAS, Section 163.01, Florida Statutes, permits public agencies to enter into lnterlocal Agreements with each other to jointly exercise any power, privilege, or authority which such agencies share in common and which each might exercise separately; and WHEREA~;, .~both parties desire to increase the recreational opportunities for residents of Palm Beach County and to enter into this Interlocal Agreement. NOW, THEREFORE, in consideration of the mutual covenants, promises and representations contained herein, the parties hereto agree as follows: ARTICLE 1: GENERAL Section 1.01 The foregoing recitals are true and correct and are incorporated herein as if fully set forth. Section 1.02 The purpose of this Interlocal Agreement is to enhance recreational opportunities for use by the public and thereby provide a mechanism for the COUNTY to assist the CITY in the funding of the Project. Section 1.03 COUNTY will pay to the CITY a total amount not to exceed $1,700,000 for the construction of Intracoastal Park, as more fully described in the Conceptual Site Plan and Project Description attached hereto and made a part hereof as Exhibit "A". Section 1.04 MUNICIPALITY agrees to provide funding in an amount of $607,531 or greater to complete the Project. Section 1.05 The CITY and County agree that no boat trailer parking spaces will be located in Intracoastal Park. The twenty five (25) spaces originally planned for this site have been moved to Boat Club Park. Section 1.06 The COUNTY's representative during the design and construction of the Project shall be the Director of Parks and Recreation, Palm Beach County Parks and Recreation Department, telephone no. (561) 964-6600. The CITY's representative during the design and construction of the Project shall be John Wildner, Director of Parks and Recreation, telephone no. (561) 742-6226. Section 1.07 The CITY shall design and construct the Project upon property owned by the CITY as more fully described in Exhibit "B" attached hereto and made a part hereof. Section 1.08 The CITY shall utilize its procurement process for all design and construction services and material acquisitions required for the Project. Said procurement process shall be consistent with all federal, state and local laws, rules and regulations. The COUNTY shall have no contractual obligation to any person retained by the CITY with regard to the Project. Any disputes, claims, or liability that may arise as a result of the CITY's procurement is solely the responsibility of the CITY and the CITY hereby holds the COUNTY harmless for same to the extent permitted by law and subject to the limitations of Chapter 768.28, Florida Statutes. 2 ARTICLE 2: DESIGN AND CONSTRUCTION Section 2.01 The CITY shall be responsible forthe design and construction of the Project, hereinafter referred to as "Project". CITY shall design and construct the Project in substantial accordance with Exhibit "A", (Project Description and Conceptual Site Plan), attached hereto and made a part hereof, and with all applicable federal, state and local laws, rules and regulations. Section 2.02 Prior to or upon execution of this Interlocal Agreement by the parties hereto, the CITY shall initiate its procurement process to select the necessary professional engineer and/or architect to perform all engineering and/or architectural design Work, including, but not limited to, the preparation of plans, permits and specifications necessary for the design and construction of the Project. Section 2.03 The CITY shall provide a copy of the engineer's and/or architect's programming phase documents (i.e., site plan, floor plan, elevations, etc.) to .the COUNTY's Representative for review. The COUNTY's Representative shall review said programming phase documents to ensure consistency with the intent of this Interlocal Agreement. Section 2.04 The CITY shall be responsible for securing all permits and approvals necessary to construct the Project. Section 2.05 Prior to the CITY commencing construction of the Project, the CITY'shall provide a copy of all plans and specifications along with the associated costs thereof to the COUNTY's Representative for review of same to ensure consistency with the intent Of this I nterlocai Agreement. ' ' Section 2.06 The CITY agrees to totally complete the Project and open same to the I~ublic for its intended use within eighteen (18) months from the date of execution of this Interlocal Agreement by the parties hereto. Upon notification to the COUNTY at least ninety' (90) days prior to that date, the CITY may request an extension beyond this period for the purpose of completing the Project. The COUNTY shall not unreasonably deny the CITY's request for said extension. Section 2.07 The CITY shall submit quarterly project status reports for the Project to the COUNTY's Representative on or before January 10, April 10, July 10, and October 10 during the design and construction of the Project. These quarterly reports shall include but not be limited to, a summary of the work accomplished, problems encountered, percentage of completion, and other information as deemed appropriate by the COUNTY's Representative. ARTICLE 3: FUNDING Section 3.01 The total not to exceed amount as set forth in Section 1.03 hereinabove shall be paid by the COUNTY to the CITY on a reimbursable basis. Any costs incurred in connection with the Project in excess of that amount shall be the sole responsibility of the CITY. Should the total cost of the Project exceed the amount as projected by the CITY, the CITY shall budget and appropriate the excess funds required for completion of the Project. The COUNTY shall not dispense any funds to the CITY for the Project until the CITY has budgeted and appropriated said excess funds for the Project. Section 3.02 The COUNTY shall pay reimbursable costs to the CITY on a quarterly basis from the date of execution of this Interlocal Agreement. For each requested quarterly payment, the CITY shall provide to the COUNTY's Representative a fully completed and executed Contract Payment Request Form and a Contractual Services Purchase Schedule Form, attached hereto and made a part hereof as Exhibit "C". Said forms shall include information listing each invoice as paid by the CITY and shall include the vendor invoice number; invoice date; and the amount paid by the CITY along with the number and date of the respective check for said payment. The CITY shall attach a copy of each vendor invoice paid by the CITY along with a copy of each respective check and shall make reference thereof to the applicable item listed on the Contractual Services Purchase Schedule Form. Further, the CITY's Project Administrator and Project Financial Officer shall certify the total funds spent by the CITY on the Project and shall also certify that each vendor invoice as listed on the Contractual Services Purchase Schedule Form was paid by the CITY as indicated. Section 3.03 The COUNTY shall retain not less than ten percent (10%) of the total amount allocated to the CITY for the Project until the CITY completes the total Project and provides the COUNTY with either a Certificate of Occupancy or a Project Completion Certification as determined by COUNTY, and the COUNTY receives and approves all documentation as required in accordance with this Interlocal Agreement. The County's representative. shall visit the Project site to verify and approve said final reimbursement. Section 3.04 The CITY shall provide a request for final reimbursement to the COUNTY no later than ninety (90) days following substantial completion of the Project. Section 3.05 The County agrees to reimburse CITY an amount not to exceed $0 for pre- agreement costs. Project costs are fully described in Exhibit "D", Cost Estimate. Section 3.06 For construction projects not fully funded by the County Bond, all design and engineering costs associated with the project shall be borne by the CITY, and will not be eligible for reimbursement from the County. ARTICLE 4.' OWNERSHIP, OPERATION AND MAINTENANCE OF THE PROJECT Section 4.01 Upon completion, the Project shall remain the property of the CITY. The COUNTY shall not be required to pay the CITY any additional funds for any other capital improvement required by or of the CITY. Section 4.02 The CITY hereby warrants and represents that it has full legal authority and financial ability to operate and maintain said Project. The CITY shall be responsible for all costs, expenses, fees and charges, and liability related to the operation and maintenance of the Project. The parties anticipate that the out parcel identified in Exhibit B portion of the Project may be changed by the CITY in the future to other municipal purposes. Any such change of use for the out parcel identified in Exhibit B shall only be effective subject to the written approval of the COUNTY's Board of County Commissioners. The CITY shall operate and maintain the Project for its intended use by the general public for a term of thirty (30) years from the execution of this Interlocal Agreement by the parties hereto. The CITY shall maintain the Project in accordance with industry standards for such facilities to prevent undue deterioration and to encourage public use. Section 4.03 The rights and duties arising'under this Interlocal Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. The CITY may not assign this Interlocal Agreement nor any interest hereunder without the express prior written consent of the COUNTY. Section 4.04 It is the intent of the COUNTY to issue this funding assistance to the CITY for the purpose set forth hereinabove. In the event the CITY transfers ownership of the Project to a party or parties not now a part of this Interlocal Agreement, other than another governmental entity that agrees to assume, in writing, CITY's obligations hereunder, the COUNTY retains the right to reimbursement from the CITY for its participation to the full extent of the funding assistance awarded to accomplish either Project. Should CITY transfer management of the project to a party or parties not now a part of this Interlocal Agreement, CITY shall continue to be responsible for the liabilities and obligations as set forth herein. Further, CITY shall not transfer management of the Project to a third party without the written consent of the COUNTY. ARTICLE 5: USE OF THE PROJECT Section 5.01 The CITY warrants that the Project shall serve a public recreational purpose and be open to and benefit all residents of Palm Beach County and shall be available thereto on the same cost and availability basis as to residents of the CITY. The CITY shall not discriminate on the basis of race, color, sex, national origin, age, disability, religion, ancestry, marital status or sexual orientation with respect to use of the Project. Section 5.02 The term of this Interlocal Agreement shall be for a period of thirty (30) years commencing upon the date of execution of this Interlocal Agreement by the parties hereto. The CITY shall restrict its use of the Project to recreational, civic, community, and social purposes only unless otherwise agreed to in writing by the parties hereto. Section 5.03 The CITY shall affix a permanent plaque or marker in a prominent location at each completed Project indicating that the COUNTY was a contributor to the development of the Project. Said plaque or marker shall include the County seal and a list of County Commissioners, unless otherwise directed by the COUNTY's Representative. ARTICLE 6: ACCESS AND AUDITS The CITY shall maintain adequate records to justify all charges, expenses, and costs incurred in estimating and performing the design and construction of the Project for at least five (5) years after the end of the fiscal year in which the final payment is released by the COUNTY, except that such records shall be retained by the CITY until final resolution of matters resulting from any litigation, claim, or special audit that starts prior to the expiration of the five (5) year period. The COUNTY reserves the right, upon reasonable request and during normal business hours, to inspect said Project and shall have access to such books, records, and documents as required in this section for the purpose of inspection or audit. ARTICLE 7: NOTICES Any notice given pursuant to the terms of this Interlocal Agreement shall be in writing and hand delivered or sent by Certified Mail, Return Receipt Requested. All notices shall be addressed to the following: As to the COUNTY: Director of Parks and Recreation Palm Beach County Parks and Recreation Department 2700 Sixth Avenue South Lake Worth, FL 33461 As to the CITY: Director of Parks and Recreation Boynton Beach Parks and Recreation Department P.O. Box 310 Boynton Beach, FI 33425 .ART. JCLE 8: TERMINATION FOR NON-COMPLIANCE The COUNTY may terminate this Interlocal Agreement upon written notice to the CITY for non-compliance by the CITY in the performance of any of the terms and conditions as set forth herein and where the CITY does not cure said non-compliance within ninety (90 ninety) days of receipt of written notice from the COUNTY to do so. Further, upon written notice, the CITY shall reimburse to the COUNTY any funds provided to the CITY pursuant to this Interlocal Agreement, either in whole or in part as determined by the COUNTY. Reimbursement is limited to material breaches which prevent the operation of the project for its intended recreational purpose as referenced herein. ARTICLE 9. REMEDIES This Interlocal Agreement shall be governed by the laws of the State of Florida. Any and ail legal action necessary to enforce the Interlocal Agreement will be held in Palm Beach County. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy Shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. The parties hereto may pursue any and all actions available under law to enforce this Interlocal Agreement including, but not limited to, actions arising from the breach of any provision set forth herein. ARTICLE 10: FILING A copy of this Interiocal Agreement shall be filed with the Clerk of the Circuit Court in and for Palm Beach County. ARTICLE 11: INDEMNIFICATION CITY shall indemnify, defend, and hold harmless COUNTY against any actions, claims, or damages arising out of CITY's negligence in connection with this Interlocal Agreement to the extent permitted by law. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 763.28, Florida Statutes, nor shall the same be construed to constitute agreement to indemnify the County for the County's negligent acts or omissions. ARTICLE 12: INSURANCE Without waiting the right to sovereign immunity as provided by Section 768.28, Florida Statutes, the CITY acknowledges to be self insured for General Liability under Florida 7 sovereign immunity s_.tatutes with coverage limits of $100,000 per person and $200,000 per occurrence; or such' monetary waiver limits that may change and be set forth by the legislature. In the event that the CITY does not rely exclusively on sovereign immunity as provided by Section 768.28, Florida Statutes, the CITY shall agree to maintain third-party Commercial General Liability at limits not less than $500,000 combined single limit for bodily injury or property damage. With respect to Commercial General Liability, CITY shall agree to add the COUNTY as an "Additional Insured". Any claims-bill tailored coverage shall not be considered third party liability for the purpose of this paragraph. The CITY agrees to maintain or to be self-insured for Workers' Compensation and Employer's Liability insurance in accordance with Chapter 440, Flodda Statutes. The CITY agrees to maintain or acknowledges to be self-insured for property insurance, which would include builder's risk insurance while the project is in the course of construction in an amount at least equal to the estimated completed project value as well as subsequent modifications of that sum; thereafter, Ali-Risk property insurance for adequate limits based on the CITY's replacement cost or probable maximum loss estimates for the perils of either fire, wind, or flood. CITY shall agree to be fully responsible for any deductible or self-insured retention. The CITY shall agree to provide a statement or Certificate of Insurance evidencing insurance, self-insurance, and/or sovereign immunity status, which COUNTY agrees to recognize as acceptable for the above mentioned coverages. Compliance with the foregoing requirements shall not relieve CITY of its liability and obligations under this Interlocal Agreement. ARTICLE 13: CAPTIONS The captions and section designations herein set forth are for convenience only and shall have no substantive meaning. ARTICLE 14: SEVERABILITY If any term or provision of this Interlocal Agreement, or the application thereof to any person or circumstance, shall to any extent be held invalid or unenforceable, the remainder of this Intertocal Agreement, or the application of such term or provision, to any person or circumstance other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Interlocal Agreement shall be deemed valid and enforceable to the extent permitted by law. ARTICLE 15: ENTIRETY OF AGREEMENT This Interlocal Agreement represents the entire understanding between the COUNTY and the CITY, and supersedes all other negotiations, representations or agreements, either written or oral, relating to this Interlocal Agreement. None of the provisions, terms and conditions contained in this Interlocal Agreement may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto. IN WITNESS WHEREOF, the parties have caused this Interlocal Agreement to be executed on the day and year first above written. ATTEST: DOROTHY H. i ~." "'..'~"~ .~ .. . ,, ~ :~ ",,. . By:~ ' r. ~ .. ~.~ Dep~~~ ~~D AS TO FORM AND LEGAL SUFFICIENCY By: ~. County Attorney R2002 PALM BEACH COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS WarrTH. Newell, Chairman CITY OF BOYNTON BEACH APPROVE,~AS T~;~I=O RM LEGA~I=~~/~Y By: ,/. City ~ey AND APPROVED AS TO TERMS AND CONDITIONS B'y:~ 9nnis L. Eshleman, Director Parks and Recreation Department EXHIBIT A PROJECT DESCRIPTION AND CONCEPTUAL SITE PLAN Project Description The City of Boynton Beach Intracoastal Park will be developed on an existing vacant 10-acre site on the Intracoastal Waterway. This stage of development Will include the following: 1.A Veterans Memorial at the entrance with a grassed plaza and sitting wall on the lakes edge. 2. A large 1250 square foot group picnic shelter. 3. 2 small 800 square foot family picnic shelter. 4. 1 - 680 square foot restroom building. 5.1 - 3200 square foot group picnic pavilion and restroom building with an Intracoastal view and access to the water's edge shoreline. 6. Parking for 87 cars in 2 parking lots with a stabilized grassed area for overflow parking for approx. 60 cars on the future municipal use area. 7. A small lake with a floating lighted fountain. 8. A children's playground with rubberized playing surface ,~,,,~ ~,~-t~-~ (alternate #1) ~;~. ~, ~,,,-r~ 9. Complete site landscaping and irrigation. I0. i/3 mile concrete loop walkway, paverblock walkways and terrace 11 .Preservation of existing mangrove and coastal planting areas in the SE comer of the property. EXHIBIT B LEGAL DESCRIPTION OF PROPERTY EXHIBIT "B" INTRACOASTAL PARK PROPERTY LEGAL DESCRIPTION A parcel of land being a portion of Lots 7, 8, and 9, SAM BROWN JR'S HYPOLUXO SUBDIVISION, according to the plat thereof recorded in Plat Book 1, Page 81, of the Public Records of Palm Beach County, Florida LESS the West 94.00 feet of said Lots for the Right-or- Way for State Road No. 5 (U.S. Highway No. 2), AND That parcel of submerged lands as decribed in Official Record Book 486, Page 539 of the Public Records of Palm Beach County, Florida. EXHIBIT "t3" OUTPARCEL TO INTRACOASTAL PARK PROPERTY LEGAL DESCRIPTION A parcel of land being a portion of Lots 7, 8 and 9, SAM BROWN JR'S HYPOLUXO SUBDIVISION, according to the plat thereof recorded in Plat Book l, Page 8 l, of the Public Records of Palm Beach County, Florida, LESS the West 94.00 feet of said Lots for the Right-of- Way for State Road No. 5 (U.S. Highway No. I), AND That parcel of submerged lands as described in Official Record Book 486, Page 539 of the Public Records of Palm Beach County, Florida. COMMENCING at the Northwest comer of said Lot 7, thence along the North line of said Lot 7 (along an assumed bearing of S. 89°07'37'' E., a distance of 94.77 feet to a point on the East Right-of-Way line of State Road No. 5 (U.S. Highway No. l) and the POINT OF BEGINNING. Thence continue along the same course a distance of 160.00 feet to a point; .Thence nm S. 08012'00" W., a distance of 250.00 feet to a point; Thence nm N. 89o07'37'' W., along a line that is 247.96 feet South of and parallel with the North line of said Lot 7, a distance of 160.00 feet to a point on the said East Right-of-Way line of State Road No. 5 (U.S. Highway No. 1), as laid out and in use in the field; Thence nm N. 08o12'00'' E., along the said East Right-of-Way line of State Road No. 5 (U.S. Highway No. 1), a distance of 250.00 feet, more or less, to the POINT OF BEGINNING. Said parcel of land containing 0.9108 acres, more or less. Z U.S HIGHWAy NO. I (STATE F~OAo NO. 5) UHE' OF LOTS 7 AND RIGHT_oF. WAy 8 iO. o0' 247.59' r-- SO8' I ~ EXHIBIT C CONTRACT PAYMENT REQUEST FORM AND CONTRACTUAL SERVICES PURCHASE SCHEDULE FORM Grantee PALM BEACH COUNTY PARKS AND RECREATION DEPARTMENT CONTRACT PAYMENT REQUEST (Project) Request Date EXHIBIT C Billing # Billing Period Item Consulting Services Contractual Services Materials, Supplies, Direct Purchases Grantee Stock Equipment, Furniture TOTAL PROJECT COSTS Certification: I hereby certify that the above were incurred for the work identified as being accomplished in the attached progress reports. PROJECT PAYMENT SUMMARY Project Costs Cumulative This Billing Project Costs Total Project Costs Certification: I hereby certify that the documen- tation has been maintained as required to support the project expenses reported above and is avail- able for audit upon request. Administrator/Date Financial Officer/Date PBC USE ONLY County Funding Participation Total Project Cost Total project costs to date County obligation to date County retainage (__%) County funds previously disbursed County funds due this billing Reviewed and Approved by: PBC Project Administrator/Date Department Director/Date 1 OF2 ~U Z © EXHIBIT D PROJECT COST ESTIMATE Intra¢oastal Park, City of Boynton Beach 03/04/02 EsUmate of Construcito~ Cost Wallace Rol3erte & Todd, LLC Item Oua~tit7 Unit Cost Unit Total Remarks General .C~o~ nditlons I $0 EA $132.000 CiViL Lake Excav. & Spread 5150 5 SY 25,750 Asphalt 6000 18 SY 109.5(X) Limerock & Base Co~cmte Sidewalk 1378 15 LF 20,670 T)~e D Curb 3200 7 LF 22,400 Drainage & Strippin~ I 171,400 LS 171,400 Water Disbib. S~/stem 1500 39 LF 57,750 San. Sewer Connect. I 26,000 EA 26,000 CIVIL TOTAL $433,470 ARCHITECTURE Memorial Shelter 47'0 90 SF 42,300 Small Picnic Shelter 1776 90 SF 159,840 Large Picnic Shelter 900 90 SF 81 Picnic Pavilio~ 1992 150 SF 298,800 Resboom 650 150 SF 97,500 TOTAL ARCH. $67'9.440 SITE Plaza Pavin9 7808 4 SF 31.232 Concrete Pavers Memodal Wall 116 200 LF 23.200 Cofxa~te Pavers Entrance Spec. Pavin~ 4868 4 SF 19,472 Concrete Pavers Vet. Memorial Pavin~ 2621 4 SF 10,484 Concrete Pavers Vet. Memorial Monument I 10,000 EA 10.000 Site Lightin~ 28 2.500 F_A ?0.500 Parking Lot Li~htin(j 17 3,000 EA 51.000 Dumpstar Enclosure I 10,000 EA 10,000 Enclosure Gate I 2,000 EA 2.000 Ent~7 Gate 1 2,000 LS 2.000 Floatin(j Fountain 1 12.000 EA 12.000 Drinking Fountain 1 1.000 EA 1.000 Flacjpote 1 2.500 EA 2.500 Bicycle Rack 2 1,000 EA 2,000 Benches 11 1.000 EA 11,000 Tables 42 1,400 EA 50,800 Waste RecepL 25 500 EA 12,500 skjnage ~ 2o,ooo LS 20,000 Landscape Berm 1881 15 CY 28,215 Large Shade Tree 27 700 EA 18,900 Shade/Omam. Tree 127 250 EA 31,750 Small/Flower Tree 124 1 50 EA 18.600 Palm Tree 195 250 EA 48,750 Royal Palms 31 400 EA 12,400 Shrub/Groundcove~ 4105 6 EA 24,630 Welland Ptenfln~s 2447 7 EA 17,129 Sod 253210 0 SF 65,835 Irrigation 283720 0 SF .99,302 TOTAL SITE $714.699 Subtotal 1,959,609 Contir~enc7 - 10% 195,961 Subtotal $2,155,569 ALTERNATES Wall 850 44 LF 37,400 Tot Lot ~v~/'l¢ ~,/'~. ~-~;;~.4~.~;1 100,747 LS 100,747 TOTAL ALTERNATES $138.147 Confinc~enc~ 10% 209,776 TOTAL $2,307,531 Department of Parks a~nd Recreation 2700 6th Avenue South Lake Worth. FL 33461 (561) g66-6600 Fax: (561) 642-2640 www. pbcgov, com Palm Beach County Board of County Commissioner~ Warren H. Newell. Chairman Carol A. Roberts, Vice Chair Karen T. Marcus Mary McCa~y Burl Aaronson Tony Masilotti Addle L. Greene County Administrator Robert Weisman 'An Equal Opporeunffy Affirmative Acnon Employer' ~ printe~ on recycled pap~' September 23, 2002 Mr. Kurt Bressner, City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, FI 33425-0310 RE: 1995 Park and Recreational and Cultural Facilities Bond Interlocal Agreement for InblcOa.~tai Park Development Dear Mr. Bressner; Attached is a fully executed original of the Intedocal Agreement for up to $1,700,000 from the 1995 Park and Recreation Facilities Bond for the funding of Intracoastal Park Development for the pedod of August 20, 2002 through February 19, 2004. Please review the Agreement and the attached project Checksheet with appropriate staff to ensure that all requirements are met for project management before, during, and after construction. A Status Report Form is attached which should be used for the required quarterly project status reports. Boynton Beach will need to provide liability and Workers' Compensation insurance certificates. In addition, after the project is complete, a certificate indicating all-risk property insurance must be provided. You will need to send us a copy of the City's builder's dsk insurance certificate prior to the initiation of the project. The liability, worker's compensation, and property insurance certificates must be updated annually, with certificates mailed to this office, until August 19, 2032, which is the term of the funding Agreement. If you have any questions about the Agreement or compliance requirements, you may contact Susan Yinger, Contract/Grant Coordinator, at 966-6653. On behalf of Commissioner Mary McCarty and the Board of County Commissioners, we are pleased to be a partner with the City of Boynton Beach in the construction of Intracoastal Park. Dennis L. Eshleman, Director Parks and Recreation Department DLE:SWY Attachments Copy to: Commissioner Mary McCarty, DistriCt 4 John Wildner, Parks Director ~/ Bill DeBeck, Project Manager Bill Wilsher Mike Martz Central File BOND PROJECT REVIEW/CHECKSHEET Project Project Project Project Project 1. NalTle Amount Timeframe Liaison Term INTRACOASTAL PARK DEVELOPMENT $1,76o,o00 8-20-02 to 2-29-04 John Wildner, Director of Parks 30 years from date of execution of Agreement (8-20-02) - 8-19-37 REVIEW OF PLANS, SPECIFICATIONS, AND COSTS - Submit to Palm Beach County Parks and Recreation Department a copy of: PLANS SPECIFICATIONS COSTS for review prior to commencement of project construction. OK OK OK o STATUS REPORTS - Submit to Palm Beach County Parks and Recreation Department on the following dates: October 10, 2002 January 10, 2003 April 10, 2003 July 10, 2003 October 10, 2003 January 10, 2004 (Request for Project Extension required by November 19, 2003 if project will not be completed by February 19, 2004. INSURANCE CERTIFICATES - Provide to Palm Beach County Parks and Recreation Departmem as follows (See Page 8, Article 13 of Agreement for limits): BUILDERS RISK - prior to commencement of construction LIABILITY - prior to commencement of construction (Includes contractual liability and completed operations liability) PROPERTY INSURANCE -upon acceptance of completed facility CERTIFICATION OF PROJECT COMPLETION BY PROJECT ENGINEER - Must be provided to Palm Beach County, Parks and Recreation Department prior to release of f'mal project reimbursement MARKER IDENTIFYING COUNTY AS FUNDING SOURCE ERECTED - Must be erected prior to release of f'mal reimbursement - provide photograph. REIMBURSEMENT REQUESTS - May be submitted on a quarterly basis beginning on October, 2002 (but only after City has expended required match of $607,531). See Page 4, Article 3 of Agreement for details. PALM BEACH COUNTY PARKS AND RECREATION DEPARTMENT pROJECT STATUS REPORT PROJECT NAME PROJECT SPONSOR: PROJECT ELEMENTS WORK ACCOMPLISHED %COMPLETE PROBLEMS ENCOUNTERED/COMMENTS: PERIOD COVERED (CHECK APPROPRIATE PERIOD) October through December January through March April through June July through September Due January 5th Due April 5th Due July 5th Due October 5th LIAISON: SIGNATURE DATE