Res 09-07
RESOLUTION NO. 9-07
A RESOLUTION OF THE CIlY COMMISSION OF THE CIlY OF
DELRA Y BEACH, FLORIDA, AUTHORIZING THE PROPER CIlY
OFFICIALS TO EXECUTE A LOCALLY FUNDED AGREEMENT
WITH THE STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION FOR FUNDING BY THE CIlY TO INCLUDE
"TROMBONE SlYLE" SIGNAL MAST ARMS ALONG A PORTION
OF SR-A1A LOCATED WITHIN THE CIlY OF DELRAY BEACH;
PROVIDING FOR CONFLICTS; PROVIDING AN EFFECTIVE DATE
NOW, THEREFORE, BE IT RESOLVED BY THE CIlY COMMISSION OF
THE CIlY OF DELRA Y BEACH, FLORIDA:
Section 1. That the appropriate City officials of the City of Dekay Beach are
authorized to execute a Locally Funded Agreement on behalf of the City with the State of
Florida Department of Transportation, for funding by the City to include "trombone style"
signal mast arms along a portion ofSR-A1A, a copy of which Agreement in substantial form
as Exhibit "A", is attached. The City Manager and City Attorney are authorized to make
minor revisions to such Agreement as are deemed necessary and proper for the best interests
of the City.
Section 2. That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
Section 3. That this Resolution shall be in full force and effect immediately upon its
adoption.
\;"' ~ PASSED AND ADOPTED in reguIor session on this the lD~daY of
~ .2007.
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ATTEST:
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City Clerk
[IT' OF DELIA' HEA[H
DELRAY BEACH
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All-America City
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CITY CLERK 100 N.W 1st AVENUE
DELRAY BEACH. FLORIDA 33444 . 561/243-7000
1993
2001
CERTIFICATION
I, CHEVELLE D. NUBIN, City Clerk of the City of Delray Beach, do
hereby certify that the attached document is a true and correct copy of
Resolution No. 9-07, as the same was passed and adopted by the Delray
Beach City Commission in regular session on the 6th day of February, 2007.
IN WITNESS WHEREOF, I have hereunto set my hand and the
official seal of the City of Delray Beach, Florida, on this the 8th day of
February, 2007.
~.~.~~
Chevelle D. Nubin, CMC
City Clerk
City of Delray Beach, Florida
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THE EFFORT ALWAYS IV1ATTERS
MEMORANDUM
FROM:
MAYOR AND CIlY COMMISSIONERS
CITY MANAGE~
AGENDA ITEM # g. 0 - REGULAR MEETING OF FEBRUARY 6, 2007
RESOLUTION NO. 9-07/FLORIDA DEPARTMENT OF
TRANSPORTATION (FDOT)/LOCALLY FUNDED AGREEMENT/
TROMBONE STYLE MAST ARMS/SR AlA AND EAST ATLANTIC
AVENUE
TO:
SUBJECT:
DATE:
FEBRUARY 2, 2007
This is before Commission to consider adoption of Resolution No. 9-07 authorizing execution of a
Locally Funded Agreement with the Florida Department of Transportation (FD01) for the
installation of trombone style mast arm signals at the intersection of SR A lA and East Atlantic
A venue. The City is responsible for funding the added cost for the trombone style mast arms at a
cost of approximately $50,000.00.
Funding is available from 334-3162-541-68.31 (General Construction Fundi AlA Streetscape).
Recommend approval of Resolution No. 9-07 authorizing execution of a Locally Funded Agreement
with the Florida Department of Transportation (FD01) for the installation of trombone style mast
arm signals at the intersection of SR AlA and East Atlantic Avenue.
S:\City Oerk\AGENDA COVER MEMOS\City Manager Memos\city rnaruager's memo Res No 9-07 Locally Funded Agmt FOOT for trombone style mast ann
signals.02.06.07.doc
City Of Delray Beach
Department of Environmental Services
M E M 0 RAN D
U M
TO: David T. Harden
FROM: Randal L. Krejcarek, PE
DATE: 29 Jan 2007
SUBJECT: FOOT Locally Funded Project
Trombone Style Mast Arms at SR A1A & E Atlantic Ave
City Project # 2002-023
Commission Agenda Item
The attached agenda item is to request for Commission approval/authorization for Mayor to
sign Locally Funded Project agreement with Florida Department of Transportation for the
installation of trombone style mast arm signals at the above referenced intersection. The City is
responsible for funding the added cost for the trombone style mast arms. It is anticipated that
the additional cost will be approximately $50,000.00.
The County has agreed to contribute $46,500.00 of the City's $50,000.00 share of the
additional cost for installing trombone mast arms.
A location map is attached. Also attached is a draft of the letter to be sent to the FOOT.
If this meets with your approval, please place it on the 06 February 2007 Commission meeting,
for approval.
Thanks!
enc
cc: Richard C. Hasko, PE, Environmental Services Director
Chevelle Nubin, City Clerk
Project File
C:IDocuments and SettingslsmithdlLocal Settings I Temporary Internet FilesIOLKDSEI2007-02-06 agenda memo.DOC
Page 1 of I
Smith, Douglas
From: Shutt, Brian
Sent: Friday, February 02,20078:09 AM
To: Smith, Douglas
Cc: Krejcarek, Randal
Subject: FOOT Locally Funded AgreementITrombone Style mast arms
The above referenced agreement is legally sufficient.
R. Brian Shutt
Assistant City Attorney
200 N.W. 1 st Avenue
Delray Beach, FL 33444
(561 )243-7091
Fax (561 )278-4755
shutt@ci.delrav-beach.f1.us
2/2/2007
RESOLUTION NO. 9-07
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, AUTHORIZING THE PROPER CITY
OFFICIALS TO EXECUTE A LOCALLY FUNDED AGREEMENT
WITH THE STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION FOR FUNDING BY THE CITY TO INCLUDE
"TROMBONE STYLE" SIGNAL MAST ARMS ALONG A PORTION
OF SR-A1A LOCATED WITHIN THE CITY OF DELRAY BEACH;
PROVIDING FOR CONFLICTS; PROVIDING AN EFFECTNE DATE
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA:
Section 1. That the appropriate City officials of the City of Delray Beach are
authorized to execute a Locally Funded Agreement on behalf of the City with the State of
Florida Department of Transportation, for funding by the City to include "trombone
style" signal mast arms along a portion of SR-A1A, a copy of which Agreement in
substantial form as Exhibit "A", is attached. The City Manager and City Attorney are
authorized to make minor revisions to such Agreement as are deemed necessary and
proper for the best interests of the City.
Section 2. That all resolutions or parts of resolutions in conflict with this
Resolution are repealed to the extent of such conflict.
Section 3. That this Resolution shall be in full force and effect immediately upon
its adoption.
PASSED AND ADOPTED III regular seSSIOn on this the _ day of
,2007.
MAYOR
ATTEST:
City Clerk
$:
,1
FM No: 403603-1-52-01
FEID No: VF-596-000.308
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCALLY FUNDED AGREEMENT
THIS AGREEMENT, entered into this_ day of 200_, by and between the State
of Florida Department of Transportation hereinafter called the DEPARTMENT, and CITY OF DELRAY
BEACH, at 100 N.W 1st AVENUE, DELRAY BEACH, FLORIDA, 33444 hereinafter called the
PARTICIPANT.
WITNESSETH
WHEREAS, the DEPARTMENT and the PARTICIPANT are desirous of having the DEPARTMENT make
certain improvements in connection with Financial Management (FM) Number 403603.1.52.01 (Funded
in Fiscal Year 2006/2007) for 'Trombone Style' Signal Mast Arms during the 3R Project along SR-A1A
from Linton Boulevard to 260 feet North of Atlantic Avenue in Palm Beach County, Florida, as set forth
in Exhibit "A", Scope of Services, annexed hereto and made a part hereof, and,
WHEREAS, for purposes of this Agreement, improvements to be made as stated above are hereinafter
referred to as the PROJECT; and,
WHEREAS, the improvements are in the interest of both the PARTICIPANT and the DEPARTMENT and
it would be more practical, expeditious, and economical for the DEPARTMENT to perform such activities;
and,
WHEREAS, the PARTICIPANT by Resolution No. adopted on , 200_,a<Xf>Y
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:
1. The recitals set forth above are true and correct and are deemed incorporated herein.
2. The DEPARTMENT shall be responsible for assuring that the Project complies with all
applicable Federal, State and Local laws, rules, regulations. guidelines and standards.
3. The PARTICIPANT agrees to make all previous studies, maps, drawings, surveys and
other data and information pertaining to the Project available to the DEPARTMENT at no
extra cost.
4. The DEPARTMENT shall have the sole responsibility for resolving claims and requests for
additional work for the Project. The DEPARTMENTwill make reasonable efforts to obtain
the PARTICIPANT input in its decisions.
lof4
5. The PARTICIPANT'S share is estimated to be a lump sum payment of FIFTY THOUSAND
DOLLARS ($50,000.00) to the DEPARTMENT, for the mast arms signals. In the event the
actual cost of the mast arms signals are less than the PARTICIPANT'S share of FIFTY
THOUSAND DOLLARS ($50,000.00) the difference is non-refundable and the excess of
funds will be applied to other phases of the project. The DEPARTMENT agrees to provide
additional funding as needed to complete the project
The PARTICIPANT agrees that it will, within thirty (30) days of execution of this Agreement,
furnish the DEPARTMENT with a check in the amount of FIFTY THOUSAND DOLLARS
($50,000.00) towards the Project Costs.
Remittance shall be made payable to the Department of Transportation. Payment shall
be clearly marked to indicate that it is to be applied to FM Project No.: 403603-1-52-01.
The DEPARTMENT shall utilize this amount towards costs of Project No.: 403603-1-52-01.
Payment shall be mailed to:
Florida Department of Transportation
Professional Services Unit
Attention: Leos A. Kennedy, Jr.
3400 West Commercial Boulevard
Fort Lauderdale, FL 33309-3421
6. In the event it becomes necessary for the DEPARTMENT to institute suit for the
enforcement of the provisions of this Agreement, each party shall be responsible to pay
their own attorney fees and court costs. Venue with respect to any such litigation shall bein
Broward County.
7. Should the DEPARTMENT and the PARTICIPANT decide to proceed with subsequent
phases of the Project, the AGREEMENT may be amended 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 PARTICIPANT under any circumstances without the prior written
consent of the DEPARTMENT. However, this AGREEMENT shall run to the
[)EPARTMENT 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 completed
as evidenced by the written acceptance of the DEPARTMENT, or December 31, 2009
whichever occurs first.
10. The PARTICIPANTwarrants 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 provision, the DEPARTMENT shall have the right to terminate the
AGREEMENT without liability.
20f4
11. 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 oHhe PARTICIPANT, its agents,
contractors, subcontractors, consultants and/or employees, arising out of this contract 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.
12. This AGREEMENT is governed by and construed in accordance with the laws of the State
of Florida.
13. This document incorporates and includes all prior 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 thisdocument.
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.
14. 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 notice.s delivered shall be sent to the following addresses:
If to the DEPARTMENT:
Florida Department of Transportation - District Four
3400 West Commercial Blvd,
Fort lauderdale, Florida 33309-3421
AUn: Leos A. Kennedy, Jr.
With a copy to: John Olson
A second copy to: District General Counsel
If to the PARTICIPANT
City of Delray Beach
Dept. of Environmental Services
434 South Swinton Avenue
Delray Beach, FL 33444
Attn: Randall Krejcarek, P.E.
City Engineer
With a copy to: Attorney
30f4
IN WITNESS WHEREOF, this Agreement is to be executed by the parties below for the purposes specified
herein. [Authorization has been given to enter into and execute this Agreement by Resolution No._
. hereto attached.]
CITY OF DELRA Y BEACH
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
BY:
NAME:
TITLE:
BY:
ROSIEL YN QUIROZ
DIRECTOR OF TRANSPORTATION SUPPORT
ATTEST:
APPROVED: (AS TO FORM)
CITY CLERK
(SEAL)
BY:
DISTRICT GENERAL COUNSEL
APPROVED:
APPROVED:
BY:
CITY ATTORNEY
BY:
PROFESSIONAL SERVICES ADMINISTRATOR
40f4
"
Exhibit "A"
Scope of Services
Financial Project ID 403603-1-52-01
Provide three (3) trombone mast arms along SR-AlA from Linton Blvd. to 260 feet North of
Atlantic Avenue, as part of the resurfacing, restoration, and rehabilitation ofSR-AlA.
The specifications for the mast anl1S shall consist of:
· Mast Arm Assembly (F&I) special design
., '
Date:
29 Jan 2007
AGENDA ITEM NUMBER, g. ()
AGENDA REQUEST
Request to be placed on:
-X- Consent Agenda _Regular Agenda _Workshop Agenda _Special Agenda
When:
06 Feb 2007
Description of Agenda Item (who, what, where, how much):
Request for Commission approval/authorization for Mayor to sign Locally Funded
Project agreement with Florida Department of Transportation for the installation of
trombone style mast arm signals at the intersection of SR AlA and E Atlantic Ave.
The City is responsible for fund~the added cost for the trombone style mast arms. It
is anticipated that the additional cost will be approximately $50,000.00.
Staff Recommendation: ~oval ~
Department Head Signature: J{J..#C--~
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: Q No Initials: ~
1-~'1"'o7
Account Number 33 l.,/-3/~ -')'11-6 ~.3)
Description .AiA- <;f-ru,,+SC {LP--<-
Account Balance: !fJ (JOPj GO b
Funding Alternatives:
(if applicable)
City Manager Review:
Approved for Agenda: 8' No Initials: 4-
,
Hold Until:
Agenda Coordinator Review:
Received:
s: \EngAdmin \Projects \2002\2002-023\OFFI CIAL \2007 -02-06 agenda. doc