Res 46-05
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RESOLUTION NO. 46-05
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A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRA Y
BEACH, FLORIDA, APPROVING THE JOINT PARTICIPATION
AGREEMENT FOR THE IMPROVEMENTS AND FUNDING OF THE
GATEWAY PARKS LOCATED ADJACENT TO ATLANTIC AVENUE ON
THE EAST SIDE OF 1-95 AND AUTHORIZING THE EXECUTION OF THE
AGREEMENT.
WHEREAS, THE City of Dekay Beach, Florida desires to approve the Joint Participation
Agreement for the improvements and funding of the gateway parks located adjacent to Atlantic
Avenue on the east side of 1-95; and
WHEREAS, the City Commission authorizes the execution of the Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. The City Commission of the City of Dekay Beach authorizes the entry into
the Joint Participation Agreement between the City and the Florida Department of Transportation
and authorizes the execution thereof.
Section 2. That the recitals set forth above are incorporated as if fully set forth herein.
PASSED AND ADOPTED in regular session on this the ~ay of~uð ,2005.
~y~þ-
ATTEST:
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Acting City Clerk
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DELRAY BEACH c;A
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Memorandum tw.e.I:II
All-America City
Community Improvement , III I!
Horticulturist
1993
2001
TO: DAVID T. HARDEN, CITY MANAGER
THROUGH: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT ®
FROM: NANCY DAVILA ~0
RE: GATEWAY PARKS-JPA& MOA WITHFDOT
DATE: JUNE 30, 2005
ITEM BEFORE mE COMMISSION
The item before the Commission is the approval of both the Joint Participation Agreement (JP A) and the
Maintenance Memorandum of Agreement (MOA) prepared by the Florida Department of Transportation
(FDOT), which wIll enable the City to receive funding for the Gateway Parks, adjacent to Atlantic
Avenue, on the east side ofI-95.
BACKGROUND
Funding in the amount of $40 thousand is available from FDOT targeted for the Gateway Parks on Atlantic
Avenue. Although the funding has been available for some time, the funding could not be secured until
landscape plans were available to show how the funds would be spent. The plans for the major gateway
feature were evolving and we did not want to make Improvements that would be removed in a short period
of time.
The CRA was able to have their Consultant's PBS & J, design a landscape plan to provide a landscape
buffer along the back of both the north and south sides of the park, which will remain, and be a backdrop
for the more expansive gateway plans, which should be completed within the next year.
The City is required to enter into a JPA with FDOT which documents their approval of the proposed plans,
identifies the scope of work and establishes the dollar amount WhICh will be reimbursed to the City upon
completion of the project. There is no requrrement for the City to provIde matching funds, for this
particular agreement.
The City is also required to execute a MOA which states the City will be responsible for the maintenance of
the improved areas.
RECOMMENDA nON
Staff recommends the City Commission give favorable consideratIOn to the approval of both the JPA and
the MOA which will enable the CIty to receive $40 thousand for landscape improvements to the Gateway
Parks.
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RESOLUTION NO. 46-05
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRA Y
BEACH, FLORIDA, APPROVING THE JOINT P ARTICIP A TION
AGREEMENT FOR THE IMPROVEMENTS AND FUNDING OF THE
GATEWAY PARKS LOCATED ADJACENT TO ATLANTIC AVENUE ON
THE EAST SIDE OF 1-95 AND AUTHORIZING THE EXECUTION OF THE
AGREEMENT.
WHEREAS, THE City of Dekay Beach, Florida desires to approve the Joint Participation
Agreement for the improvements and funding of the gateway parks located adjacent to Atlantic
Avenue on the east side of 1-95; and
WHEREAS, the City Commission authorizes the execution of the Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. The City Commission of the City of Dekay Beach authorizes the entry into
the Joint Participation Agreement between the City and the Florida Department of Transportation
and authorizes the execution thereof.
Section 2. That the recitals set forth above are incorporated as if fully set forth herein.
PASSED AND ADOPTED in regular session on this the _ day of , 2005.
MAYOR
ATTEST:
Acting City Clerk
FM No: 41346215801
FEID No: 592593203001
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
JOINT PARTICIPATION AGREEMENT
CONTRACT NUMBER ANQ81
THIS AGREEMENT entered into this day of 200_, by and between the State of
Florida Department of Transportation hereinafter called the DEPARTMENT, and the City of
Delray Beach, a municipal corporation of the State of Florida, located at 100 NW 1ST Avenue
Delray Beach, FL 33444, hereinafter called the PARTICIPANT.
WITNESSETH
WHEREAS, the DEPARTMENT and the P ARTICIP ANT are desirous of having the
P ARTICIP ANT make certain improvements m connection with State FM Number
41346215801 for landscape, hardscape and/or irrigation improvements at State Road 806 (West
Atlantic Avenue) Mini-Parks at 1-95, Delray Beach, Florida. Refer to Exhibit "A" of this
Agreement for a detailed Scope of Services; and,
WHEREAS, the improvements are in the interest of both the P ARTICIP ANT and the
DEPARTMENT and it would be more practical, expeditious, and economical for the
P ARTICIP ANT to perform such activities; and,
WHEREAS, the P ARTICIP ANT by Resolution No. adopted on
,200_, a copy of which is attached hereto and made a part
hereof, authorizes the proper officials 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:
I. The recitals set forth above are true and correct and are deemed incorporated herein.
2. The P ARTICIP ANT shall be responsible for assuring that the Project complies with all
applicable Federal, State and Local laws, rules, regulations, guidelines and standards.
3. The DEPARTMENT agrees to make all previous studies, maps, drawings, surveys and other
data and information pertaining to the Project available to the PARTICIPANT at no extra
cost.
4. The P ARTICIP ANT shall have the sole responsibility for resolving claims and requests for
additional work for the Project. The PARTICIPANT will make best efforts to obtain the
DEPARTMENT input in its decisions.
5. The DEPARTMENT agrees to pay the P ARTICIP ANT for a portion of the services
described in Exhibit A of this Agreement. The PARTICIPANT has stated that the total cost
of the services will be Forty Thousand Dollars and no cents ($40,000.00). The total
DEPARTMENT contribution towards this Project is not to exceed Forty Thousand Dollars
and no cents ($40,000.00).
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,
6. In the event it becomes necessary for the DEPARTMENT to institute suit for the
enforcement of the provisions, of this Agreement, the PARTICIPANT shall pay the
DEPARTMENT'S reasonable attorney fees and court costs if the DEPARTMENT
prevails.
7. Should the DEPARTMENT and the P ARTICIP ANT decide to proceed with subsequent
phases of this Project, this Agreement may be am,ended to identify the respective
responsibilities and the financial arrangements between the parties.
8. This Agreement and any interest herein shall not be assigned, transferred or otherwise
encumbered by the P ARTICIP ANT under any circumstances without the prior written
consent of the DEPARTMENT. However, this Agreement shall run to the
DEPARTMENT and its successors.
9. Except as otherwise set forth herein, this Agreement shall continue in effect and be binding
to both the PARTICIPANT and the DEPARTMENT until the Project is accepted in writing
by the DEPARTMENT'S Project Manager as complete, or
May 15, 2007, whichever occurs first.
10. Payment shall be made only after receipt and approval of goods and services unless advance
payments are authorized by the State Comptroller under Section 215.422(14), Florida
Statutes, or by the DEPARTMENT'S Comptroller under Section 334.004(29), Florida
Statutes.
II. If this Agreement involves units of deliverables, then such units must be received and
accepted in writing by the Project Manager prior to payments. The Department will render a
decision on the acceptability of services within 10 working days of receipt of a progress
report. The Department reserves the right to withhold payments for work not completed, or
work completed unsatisfactorily, or work that is deemed inadequate or untimely by the
Department. Any payment withheld will be released and paid to the P ARTICIP ANT
promptly when work is subsequently performed.
12. Bills for fees or other compensation for services Of expenses shall be submitted in detail
sufficient for a proper preaudit and postaudit thereof.
13. Bills for travel expenses specifically authorized in this Agreement shall be submitted on the
DEPARTMENT'S Travel Form No. 300-000-01 and will be paid in accordance with
Section 112.061, Florida Statutes.
14. PARTICIPANT providing goods and services to the Department should be aware of the
following time frames. Upon receipt, the Department has (5) five working days to inspect
and approve the goods and services. The Department has 20 days to deliver a request for
payment (voucher) to the Department of Banking and Finance. The 20 days are measured
from the latter of the date the invoice is received or the goods or services are received,
inspected and approved.
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15. If a payment is not available within 40 days, a separate interest penalty at a rate as
established pursuant to Section 55.03(1), Florida Statutes, will be due and payable, in
addition to the invoice amount, to the PARTICIPANT. Interest penalties of less than one
dollar will not be enforced unless the PARTICIPANT requests payment. Invoices that have
to be returned to a PARTICIPANT because of PARTICIPANT preparation errors will
result in a delay in the payment. The invoice payment requirements do not start until a
properly completed invoice is provided to the Department.
16. A Vendor Ombudsman has been established within the Department of Banking and Finance.
The duties of this individual include acting as an advocate for contractors/vendors who may
be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor
Ombudsman may be contacted at (850) 410-9724 or by calling the State Comptroller's
Hotline, 1-800-848-3792.
17. Records of costs incurred under the terms of this Agreement shall be maintained and made
available upon request to the DEPARTMENT at all times during the period of this
Agreement and for three years after final payment is made. Copies of these documents and
records shall be furnished to the DEPARTMENT upon request. Records of costs incurred
includes the PARTICIPANT'S general accounting records and the Project records, together
with supporting documents and records, of the contractor and all subcontractors performing
work on the Project, and all other records of the Contractor and subcontractors considered
necessary by the Department for a proper audit of costs.
18. In the event this contract is for services in excess of TWENTY-FIVE THOUSAND
DOLLARS ($25,000.00) and a term for a period of more than one year, the provisions of
Section 339.135(6)(a), Florida Statutes, are hereby incorporated:
"The Department, during any fiscal year, 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 may be paid on such contract. The Department shall require a statement from the
Comptroller of the Department that such funds are available prior to entering into any
such contract or other binding commitment of funds. Nothing herein contained shall
prevent the making of contracts for periods exceeding one year, but any contract so made
shall 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 TWENTY FIVE
THOUSAND DOLLARS ($25,000.00) and which have a term for a period of more than
one year."
19. The DEPARTMENT'S obligation to pay is contingent upon an annual appropriation by the
Florida Legislature.
20. The P ARTICIP ANT warrants that it has not employed or obtained any company or person,
other than bona fide employees of the PARTICIPANT, to solicit or secure this Agreement,
and it has not paid or agreed to pay any company, corporation, individual or firm, other than
a bona fide employee employed by the PARTICIPANT. For breach or violation of this
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provision, the DEPARTMENT shall have the right to terminate the Agreement without
liability.
21. To the extent allowed by the Laws of Florida, the PARTICIPANT 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 occurrence, omission, or commission of the P ARTICIP ANT, its agents,
employees, contractors, subcontractors and/or consultants arising out of this Agreement or
the work which is the subject hereof. It is specifically understood and agreed that this
indemnification clause does not cover or indemnify the DEPARTMENT for its own
negligence.
22. This Agreement is governed by and construed in accordance with the laws of the State of
Florida.
23. This document incorporates and includes all poor negotiations, correspondence,
conversations, Agreements, or understandings applicable to the matters contained herein, and
the parties agree that there are no commitments, Agreements or understandings 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.
24. 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:
Florida Department of Transportation - District Four
3400 West Commercial Boulevard
Fort Lauderdale, Florida 33309-3421
Attn: Elisabeth Hassett, R.L.A.
With a copy to: Pete Nissen, P.E.
A second copy to: District General Counsel
If to the PARTICIPANT:
City of Delray Beach
100 NW 1ST Avenue
Delray Beach, FL 33444
Attn: Nancy Davila
City Horticulturist
With a copy to: City Attorney
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IN WITNESS WHEREOF, this Agreement is to be executed below for the purposes specified
herein. Authorization has been given to enter into and execute this Agreement by Resolution
No. , hereto attached.
STATE OF FLORIDA
CITY OF DELRA Y BEACH DEPARTMENT OF TRANSPORTATION
BY: BY:
CHAIRPERSON Gerry O'Reilly, P.E.
TRANSPORTATION DEVELOPMENT
DIRECTOR
ATTEST: APPROVED: (AS TO FORM)
BY:
CITY CLERK (SEAL) DISTRICT GENERAL COUNSEL DATE
APPROVED:
BY:
CITY ATTORNEY
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FM No: 230010-7-54-03
FEID No: 59-0974050001
EXHIBIT A
SCOPE OF SERVICES
The P ARTICIP ANT (City of Delray Beach) will develop and furnish to the DEPARTMENT
landscape, hardscape and/or irrigation plans with s~ecifications for State Road 806 (West
Atlantic Avenue) between Swinton Avenue and 12t Avenue and subsequently furnish and
construct the landscape, hardscape, and/or irrigation as shown in the plans and specifications
prepared by PBS&J, dated April II, 2005. The following conditions shall apply:
a. The current Florida Department of Transportation Design Standard Index 546
must be adhered to,
b. Clear zone/horizontal clearance as specified in the plans Preparation Manual -
English Volume 1, Chapter 2 and Index 700 must be adhered to,
c. Landscape materials shall not obstruct roadside signs or permitted sight window
for outdoor advertising signs as permitted in F.A.C. 14-40,
d. Landscape, hardscape, and/or irrigation materials shall be of a size, type and
placement so as not to impede large machine mowing that the DEPARTMENT
currently provides and will continue to provide at the same frequency,
e. Should the P ARTICIP ANT elect to design, furnish and construct irrigation, all
costs associated with water source connection(s), continued maintenance of the
distribution system and water and electricity costs shall be born solely by the
PARTICIPANT. All permits (including tree permits), fees, and any mitigation
associated with the removal, relocation or adjustments of these improvements are
the maintaining AGENCY'S responsibility.
f. During the installation of the Project and future maintenance operations,
maintenance of traffic shall be in accordance with the current edition of the
MUTCD and the current Department Design Standards (series 600),
g. The P ARTICIP ANT shall provide the local maintenance office located at 7900
Forest Hill Blvd., West Palm Beach, FL 33413-3342, (phone 561-432-4966) a
twenty- four (24) hour telephone number and the name of a responsible person that
the DEPARTMENT may contact,
h. If there is a need to restrict the normal flow of traffic it shall be done on off-peak
hours (9 AM to 3 PM), and the party performing such work shall give notice to
the local law enforcement agency within whose jurisdiction such road is located
prior to commencing work on the Project. The DEPARTMENT'S Public
Information Office shall also be notified by phone at 954-777-4092,
1. The PARTICIPANT shall be responsible to clear all utilities within the Project
limits,
J. The P ARTICIP ANT shall notify the local maintenance office 48 hours prior to
the start of the Project.
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
FUNDS APPROVAL
Contract #ANQ81 Contract Type: AI< Method of Procurement: G
Vendor Name: DELRAY BEACH COMMUNITY
Vendor ID: VF592593203001
Beginning date of this Agmt: 10/01/04
Ending date of this Agmt: 12/31/05
************************************************************************
Description:
SR-9/I-95 @ Atlantic Avenue - Landscaping
************************************************************************
ORG-CODE *EO *OBJECT * AMOUNT *FIN PROJECT *FCT *CFDA
(FISCAL YEAR) *BUDGET ENTITY *CATEGORY/CAT YEAR
AMENDMENT ID *SEQ. *USER ASSIGNED ID *ENC LINE(6S)/STATUS
************************************************************************
Action: ORIGINAL Funds have been: APPROVED
55 044010410 *HC *790091 * 40000.00 *41346215801 *215 *
2005 *55100100 *088716/05
0001 *00 * *0001/04
------------------------------------------------------------------------
TOTAL AMOUNT: *$ 40,000.00 *
------------------------------------------------------------------------
FUNDS APPROVED/REVIEWED FOR ROBIN M. NAITOVE, CPA, COMPTROLLER
DATE: 09/30/2004
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RESOLUTION NO. 47-05
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRA Y
BEACH, FLORIDA, APPROVING THE MAINTENANCE MEMORANDUM
OF AGREEMENT FOR IMPROVEMENTS TO AREAS ADJACENT TO
ATLANTIC AVENUE AND JUST EAST OF 1-95 AND AUTHORIZING THE
EXECUTION OF THE AGREEMENT.
WHEREAS, THE City of Dekay Beach, Florida desires to approve the Maintenance
Memorandum of Agreement for certain landscaping, irrigation and related improvements to areas
adjacent to Atlantic Avenue and just east of 1-95; and
WHEREAS, the City Commission authorizes the execution of the Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. The City Commission of the City of Dekay Beach authorizes the entry into
the Maintenance Memorandum of Agreement between the City and the Florida Department of
Transportation and authorizes the execution thereof.
Section 2. That the recitals set forth above are incorporated as if fully set forth herein.
PASSED AND ADOPTED in regular session on this the _ day of ,2005.
MAYOR
ATTEST:
Acting City Clerk
·
SECTION NO.: 93030
FM NO.(s): 413462
CONNECTED JPA No.: ANQ81
COUNTY: Palm Beach
S.R. NO.: 806
DISTRICT FOUR (4)
MAINTENANCE MEMORANDUM OF AGREEMENT
DSF-MAINTENANCE
THIS AGREEMENT, made and entered into this _ day of. , 20_, by
and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, a
component agency of the State of Florida, hereinafter called the DEPARTMENT and the CITY OF
DELRA Y BEACH, a political subdivision of the State of Florida, existing under the Laws of
Florida, hereinafter called the AGENCY.
WIT N E SSE T H:
WHEREAS, the DEPARTMENT has jurisdiction over State Road 806 as part ofthe State
Highway System; and
WHEREAS, the AGENCY seeks to install and maintain certain landscape improvements
within the right-of-way of State Road 806; and
WHEREAS, as part of the continual updating of the State of Florida Highway System, the
DEPARTMENT, for the purpose of safety, protection of the investment, and other reasons, has
constructed and does maintain a the highway facility as described in Exhibit A, attached hereto and
incorporated by reference herein, within the corporate limits (or unincorporated if a County) of the
AGENCY; and
WHEREAS, the AGENCY is of the opinion that said highway facilities that contains
landscape medians and areas outside ofthe travel way to the right of way line, shall be maintained by
periodic trimming, cutting, mowing, fertilizing, litter pick-up, necessary replanting, irrigation repairs,
and median concrete replacements as needed; and
WHEREAS, the parties hereto mutually recognize the need for entering into an Agreement
designating and setting forth the responsibilities of each party; and
WHEREAS, the AGENCY by Resolution No. dated ,20_,
attached hereto and by this reference made a part hereof, desires to enter into this Agreement and
I
authorizes its officers to do so,
NOW THEREFORE, for and in consideration of the mutual benefits to flow each to the
other, the parties covenant and agree as follows:
1. The AGENCY hereby agrees to install or cause to be installed landscape, hardscape and/or
irrigation improvements on the highway facilities as specified in plans and specifications
hereinafter referred to as the Project, and incorporated herein as Exhibit B. According to the
following standards and conditions:
(a) The current Florida of Department of Transportation Design Standard Index 546 must be
adhered to.
(b) Clear zonelhorizontal clearance as specified in the Plans Preparation Manual - English
Volume 1, Chapter 2 must be adhered to.
(c) Landscape shall not obstruct roadside signs or permitted outdoor advertising signs,
(d) If irrigation is to be installed, the DEPARTMENT shall be provided accurate as-built
plans of the system so ifin the future there is a need for the DEPARTMENT to perform
work in the area, the system can be accommodated as much as possible.
(e) If it becomes necessary to provide utilities to the median or side areas (water/electricity),
it shall be the AGENCY'S responsibility to obtain a permit for such work through the
local maintenance office.
(f) During the installation ofthe project and future maintenance operations, maintenance of
traffic shall be in accordance with the current edition of the MUTCD and the current
Department Design Standards (series 600).
(g) The AGENCY shall provide the local maintenance office, located at 7900 Forest Hill
Boulevard, West Palm Beach, FL 33413, (561) 434-3903, a twenty-four (24) hour
telephone number and the name of a responsible person that the DEPARTMENT may
contact.
(h) Ifthere is a need to restrict the normal flow oftraffic, it shall be done on off-peak hours
(9 AM to 3 PM), and the party performing such work shall give notice to the local law
enforcement agency within whose jurisdiction such road is located prior to commencing
work on the project. The DEPARTMENT'S Public Information Office shall also be
notified.
2
---~----~-
(i) The AGENCY shall be responsible to clear all utilities within the project limits.
(j) The AGENCY shall notify the local maintenance office forty-eight (48) hours prior to
the start of the project.
2. The AGENCY agrees to maintain the landscape improvements which may include hardscape
and irrigation within the medians and outside the travel way line, by periodic trimming,
cutting, mowing, curb and sidewalk edging, fertilizing, irrigation repairs, litter pickup, and
necessary replanting as needed following the DEPARTMENT'S landscape safety and plant
care guidelines. Hardscape shall mean any non-standard roadway, sidewalk or median
surface such as interlocking pavers, stamped asphalt and stamped concrete.
The AGENCY'S responsibility for maintenance shall include all landscape/turfed areas and
areas covered with interlocking pavers or similar type surfacing (hardscape) within the
median and areas outside the travel way to the right of way line, including sidewalks and
median concrete areas and shall include interlocking paver and header curb repairs or
replacements as needed. Such maintenance to be provided by the AGENCY is specifically
set out as follows;
To maintain, which means the proper watering and fertilization of all plants and keeping
them as free as practicable from disease and harmful insects; to properly mulch the plant
beds; to keep the premises free of weeds; to mow and/or cut the grass to a proper length; to
properly prune all plants, WhICh includes: (1) removing dead or diseased parts of plants; or
(2) pruning such parts thereof which present a visual safety hazard for those using the
roadway. To maintain also means removing or replacing dead or diseased plants in their
entirety, or removing or replacing those that fall below original project standards. All plants
removed for whatever reason shall be replaced by plants of the same size and grade as
specified in the original plans and specifications. To maintain also means to keep the
hardscape areas free from weeds and replacement of any areas becoming in disrepair so as to
cause a safety hazard. To maintain also means to keep litter removed from the median and
areas outside the travel way to the right-of-way line. To maintain also means to keep the
header curbs that contain the hardscape and the interlocking pavers in optimum condition.
Plants shall be those items, which would be scientifically classified as plants and include but
are not limited to trees, grass, or shrubs.
If it becomes necessary to provide utilities to the median or side areas (water/electricity) for
these improvements, all costs associated with irrigation maintenance, impact fees, and
connections, as well as on-going cost of water are the maintaining agency's responsibility.
The above named functions to be performed by the AGENCY may be subject to periodic
3
inspections by the DEPARTMENT at the discretion of the DEPARTMENT. Such
inspection findings will be shared with the AGENCY and shall be the basis of all decisions
regarding repayment, reworking, or Agreement termination. The AGENCY shall not change
or deviate from said plans without written approval of the DEPARTMENT.
3. If at any time after the AGENCY has undertaken the landscape installation and/or
maintenance responsibility mentioned above, it shall come to the attention of the
DEPARTMENT'S District Secretary that the limits or a part thereof is not properly
maintained pursuant to the terms of this Agreement, said District Secretary, may at his
option, issue a written notice that a deficiency or deficiencies exist(s), by sending a certified
letter to the AGENCY, to place said AGENCY on notice thereof Thereafter, the AGENCY
shall have a period of thirty (30) calendar days within which to correct the cited deficiencies.
If said deficiencies are not corrected within this time period, the DEPARTMENT may, at
its option, proceed as follows:
(a) Complete the installation, or part thereof, with DEPARTMENT or Contractor's
personnel and deduct the cost of such work from the final payment for said work or
part thereof, or
(b) Maintain the landscape or a part thereof, with DEPARTMENT or Contractor's
personnel and invoice the AGENCY for expenses incurred, or
(c) Terminate the Agreement in accordance with Paragraph 6 of this Agreement, and
remove, by DEPARTMENT or private Contractor's personnel, all of the
landscape/irrigation installed under this Agreement or any preceding Agreements
except as to trees and palms and charge the AGENCY the reasonable cost of such
removal.
4. It is understood between the parties hereto that the landscape/hardscape covered by this
Agreement may be removed, relocated, or adjusted at any time in the future, as determined to
be necessary by the DEPARTMENT in order that the adjacent state road be widened,
altered, or otherwise changed to meet with future criteria or planning of the Department. The
AGENCY shall be given sixty (60) calendar day's notice to remove said
landscape/hardscape after which time the Department may remove same. All permits
(including tree permits), fees, and any mitigation associated with the removal, relocation or
adjustments of these improvements are the maintaining AGENCY'S responsibility.
5. THE DEPARTMENT and the AGENCY intend to enter into a separate agreement as
further described in Exhibit C. The DEPARTMENT shall be invited to assist the AGENCY
in final inspections before acceptance of the job by the AGENCY.
4
6. The AGENCY agrees to reimburse the DEPARTMENT all monies expended for the
project, should the landscape areas fail to be maintained in accordance with the tenns and
conditions of this Agreement.
7. This Agreement may be terminated under anyone (I) of the following conditions:
(a) By the DEPARTMENT, ifthe AGENCY fails to perform its duties under Paragraph
3, following ten (10) days' written notice.
(þ) By the DEPARTMENT, for refusal by the AGENCY to allow public access to all
documents, papers, letters, or other material subject to the provisions of Chapter 119,
Florida Statutes, and made or received by the AGENCY in conjunction with this
Agreement.
8. The term of this Agreement commences upon execution.
9. To the extent permitted by law, the AGENCY shall indemnify and hold harmless the
DEPARTMENT, its officers, and employees ttom all suits, actions, claims, and liability
arising out of the AGENCY'S negligent performance ofthe work under this Agreement, or
due to the failure of the AGENCY to maintain the Project in confonnance with the standards
described in Sections 1 and 2 of this Agreement.
10. The AGENCY may construct additional landscape within the limits of the rights-of-way
identified as a result of this document, subject to the following conditions:
(a) Plans for any new landscape shall be subject to approval by the DEPARTMENT.
The AGENCY shall not change or deviate from said plans without written approval
by the DEPARTMENT.
(b) All landscape and irrigation shall be developed and implemented in accordance with
appropriate state safety and road design standards.
(c) The AGENCY agrees to comply with the requirements of this Agreement with
regard to any additional landscape installed at no cost to the DEPARTMENT.
(d) No change will be made in the payment tenus established under number five (5) of
this Agreement due to any increase in cost to the AGENCY resulting from the
installation of landscape added under this item.
5
II. This writing embodies the entire Agreement and understanding between the parties hereto,
and there are no other Agreements and understanding, oral or written, with reference to the
subject matter hereof that are not merged herein and superseded hereby.
12. The D EP ARTMENT, during any fiscal year, shall not expend money, incur any liability, nor
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 may be
paid on such contract. The DEPARTMENT shall require a statement from the Comptroller
of the DEPARTMENT that funds are available prior to entering into any such contract or
other binding commitment of funds. Nothing herein contained shall prevent the making of
contracts for periods exceeding one year, but any contract so made shall be executory only
for the value ofthe 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 m excess of TWENTY-FIVE THOUSAND DOLLARS ($25,000.00) and
which have a term for a period of more than one year.
13. The DEPARTMENT'S District Secretary shall decide all questions, difficulties, and
disputes of any nature whatsoever that may arise under or by reason of this Agreement, the
prosecution or fulfillment of the service hereunder and the character, quality, amount and
value thereof; and his decision upon all claims, questions, and disputes shall be final and
conclusive upon the parties hereto.
14. This Agreement may not be assigned or transferred by the AGENCY, in whole or in part,
without the consent of the DEPARTMENT.
15. This Agreement shall be governed by and construed in accordance with the laws ofthe State
of Florida. In the event of a conflict between any portion of the contract and Florida law, the
laws of Florida shall prevail.
16. Any and all notices given or required under this Agreement shall be in writing and either
personally delivered with receipt acknowledgement or sent by certified mail, return receipt
requested. All notices shall be sent to the following addresses:
If to the Department: If to the Agency:
State of Florida Department of Transportation City of Delray Beach
Planning & Environmental Management 100 Northwest 1 sl Avenue
3400 West Commercial Blvd. Delray Beach, FL 33444
Ft. Lauderdale, FL 33309-3421 Attention: Mr. David T. Harden
Attention: Elisabeth A. Hassett, R.L.A. City Manager
FDOT District IV Landscape Architect
6
·
IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective the day and
year first above written.
AGENCY STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
By: By:
Chairperson/Mayor Transportation Development Director
Attest: (SEAL) Attest: (SEAL)
Clerk Executive Secretary
Approval as to Form Date Approval as to Form Date
-
Attorney District General Counsel
7
SECTION NO.: 93030
FM NO.(s): 413462
CONNECTED JP A No.: ANQ81
COUNTY: Palm Beach
S.R. NO.: 806
EXHIBIT A
I. PROJECT LOCATION:
State Road 806 (Atlantic Boulevard) from SR 9 (1-95) north bound ramps (M.P. 7.386) to NW
12TH Avenue (M.P. 7.513).
II. PROJECT LOCATION MAP:
VICINITY MAP
Utœ _ ftOM
f I
I f
11'
PfIIiOJ&CT I J
LOCAT1ON , .
I «
L.IfTQN "'AI'ID I
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8
SECTION NO.: 93030
FM NO.(s): 413462
CONNECTED JPA No.: ANQ81
COUNTY: Palm Beach
S.R. NO.: 806
EXHIBIT B
See attached plans prepared by PBS&J dated, 4/11105 ,2005.
9
SECTION NO.: 93030
FM NO.(s): 413462
CONTRACT NO.: ANQ81
COUNTY: Palm Beach
S.R. NO.: 806
EXHIBIT C
(GENERAL)
PROJECT COST
This Exhibit forms an integral part of the DISTRICT FOUR (4) HIGHWAY MAINTENANCE
MEMORANDUM OF AGREEMENT between the State of Florida, Department of Transportation
and the AGENCY.
Anticipated Terms of Separate Ae:reement
I. APPROXIMATE PROJECT COST: $ 40,000.00
10
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Date: July II, 2005 Agenda Item No. ß~
AGENDA REQUEST
Agenda request to be placed on:
_X_Regular _ Special _ Workshop Consent
-
When: July 19,2005
Description of Agenda Item:
Joint Participation Agreement (JP A) and the Maintenance Memorandum of Agreement
(MOA) Prepared by the Florida Department of Transportation for Gateway Parks
Adjacent Atlantic Avenue, East side ofl-95
Ordinance/Resolution Required: Yes / No Draft Attached: Yes / No
Recommendation: Approval
( ~~- ---
\
, Department Head Signature:
City Attorney Review/Recommendation (if applicable)
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: Yes / No
-¡;JJJ Funding Alternatives: (if applicable)
Account # & Description:
City Manager Review:
Approved for agenda: &) / No M
Hold Until:
Agenda Coordinator Review:
Received: ....
Action: Approved / Disapproved