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Res 29-07 i RESOLUTION NO.29-07 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA AUTHORIZING THE CITY TO ENTER INTO A LOCALLY FUNDED AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) FOR THE INSTALLATION OF IRRIGATION AND LANDSCAPING DURING THE 3R PROJECT ALONG SR5 (FEDERAL HIGHWAY) FROM THE C-15 CANAL TO NORTH OF TROPIC BOULEVARD; PROVIDING FOR AN EFFECTNE DATE UPON APPROVAL. WHEREAS, highway beautification is an important part of our community; and WHEREAS, the improvements are in the interest of both the City of Delray Beach and the Florida Department of Transportation (FDOT), and WHEREAS, the FDOT had a limited budget of $88,000 for irrigation and landscaping for South Federal Highway, and WHEREAS, the condition of the existing irrigation system required a complete replacement of the system, beyond the limits of FDOT's budget; and WHEREAS, the additional expense to the City of $11,000 is warranted considering the capital outlay by FDOT and the improvements received in return; and WHEREAS, the City can fund this expenditure from the Beautification Trust Fund; and WHEREAS, it is more practical, expeditious and economical for the FDOT to coordinate the installation of the irrigation and the landscaping in conjunction with the road improvement project; and WHEREAS the City provided a `Letter of Intent' to the FDOT on March 5, 2007 to fund the additional $11,000 for the irrigation and landscaping on the South Federal Highway Project. NOW, THEREFORE, BE IT RESOLVED by the City Commission of Delray Beach, Florida: tion 1. The City Commission authorizes the City to enter into an agreement with the FDOT know as a `Locally Funded Agreement' (LFA) in connection with Financial Management Number 413839-1-52-01. f \. Section 2. The City Commission hereby authorizes the City Manager to enter into the LFA between the City of Dekay Beach, Florida and the Florida Department of Transportation. Section 3. The City Commission authorizes the lump sum payment to FDOT in the amount of $11,000 within thirty (30) days of the execution of the LFA, as defined in the agreement. Section 4. That this resolution shall become effective immediately upon its passage. PASSED AND ADOPTED in regular session on this 17~' day of Agril, 2007. ~~ ~~ MAYOR ATTEST: ~~~ . ~~~ Ciry Clerk, CMC 2 RES N0.29-07 b ~ (~ CL''. Florida Department of Transportation CHARLIE GRIST PROFESSIONAL AND CONTRACTUAL SERVICES-DISTRICT 4 GOVERNOR 3400 West Comroacial Boulevard, Fort LaudettLle, Fbrida 33309-3421 Tekphone:(954)777-4603 Fax: (954)777-4602 July 17, 2007 Mr. David T. Harden City Manager City of Delray Beach 100 N.W. 1"Avenue Delray Beach, Florida 33444 SECRETARY" ~ ~30~07~ RECEIVED JUL 1 9 2001 CITY MANAGER RE: Locally Fended Agreement FM Number: 413839-1-52-01 Description: Installation of Landscape and an Irrigation System dnrIng the 3R Project along SR-5 from South of the C-15 Canal to North of Tropic Blvd. in Palm Beach County Dear Mr. Harden: Enclosed please find a fully executed Locally Funded Agreement -with original signatures -for the above referenced project. Also included is a copy of the Resolution No. 29-07. Said documents are to be retained for your records. If you have any questions, please do not hesitate to contact me. I can be reached at (954) 777-2285. Sincerely, DECEIVED JUG 2 ~ 2001 ~• CITY CLERK Leos A. Kennedy, Jr. Professional Services Unit District Four lk/s enc: LFA's copy: Thuc Le, Project Manager Mike DeRosa, District Work Program Manager Arleen Dano, LAP Program Coordinator LFA Section File www.dot.state.fl.us FM No: 419838.1.52-01 FEID No: VF-596-000-308 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCALLY FUNDED AGREEMENT THIS AGREEMENT, entered into this I.1"' dayof 200,, byand between the State of Florida Department of Transportation hereinafter calle the DEPARTMENT, and CITY OF DELRAY BEACH, at 100 N.W 1`~ 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) Number413839-1-52-01(Funded in Fiscal Year 2007/2008) for the Installation of Landscape and an Irrigation System during the 3R Project along 5R5 from South of the C-75 Canal to North of Tropic Blvd. 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 itwould be more practical, expeditious, and economical forthe DEPARTMENT to perform such activities; and, WHEREAS, the PARTICIPANT by Resolution No. ~ ~1 adopted on i) ~ 7 _, 2007, a copy of which is attached hereto and made a part hereof, authonzes 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: 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 DEPARTMENTshallheve 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. 1 of 4 5. The PARTICIPANTS share is estimated to be a lump sum payment of ELEVEN THOUSAND DOLLARS (;11,000.00) to the DEPARTMENT, for the Project. In the event the actual cost of the Project is less than the PARTICIPANT'S share of ELEVEN THOUSAND DOLLARS (;11,000.00) 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 DEPARTMENTwith a check in the amount of ELEVEN THOUSAND DOLLARS (;11,000.00) 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.: 413839-1-b2-01. The DEPARTMENTshall utilize this amount towards costs of Project No.:413839-1-02-01. Payment shall be mailed to: Florida Department of Transportation Professional Services Unit Attention: Leos A. Kennedy, Jr. 3400 West Commercial Boulevard Fort Lauderdale, FL 33308-3421 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 anysuch litigation shall be in Broward County. Should the DEPARTMENT' and the PARTICIPANT decide to proceed with subsequent phases of the Project, the AGREEMENT may be amended to idenfrfy the respective responsibilities anii the financial arrangements between the parties. 8. This AGREEMENTand 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 DEPARTMENT and its successors. 9. Except as otherwise set forth herein, this AGREEMENT shall continue in effect and be binding to both the PARTICIPANTand the DEPARTMENT until the Project is completed as evidenced by the written acceptance of the DEPARTMENT, or December 31, 2008 whichever occurs first. 10. The PARTICIPANTwarrantsthat ithas 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. 2 of 4 11. With respect to any ofthe PARTICIPANT'Sagents, consultants, subconsultants, contractors, sub-contractors, such party in any contract for this project shall agree to indemnify, defend, save and hold harmless the DEPARTMENTfrom 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 such agents, consultants, subconsukants, contractors and/or subcontractors. The PARTICIPANT shall provide to the DEPARTMENT written evidence of the foregoing upon the request of the DEPARTMENT. It is specifically understood and agreed that this indemnification clause does not coverorindemn'~fy the DEPARTMENTfor 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 cert~ed mail, return receipt requested. AI notices 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 Attn: Leos A. Kennedy, Jr. With a copy to: Thuc Le A second copy to: District General Counsel If to the PARTICIPANT. City of Delray Beach Dept. of Environmental Services 100 N.W. 1"Avenue Delray Beach, FL 33444 Attn: Dsvid T. Harden City Manager Wdh a copy to: Attorney IN WITNESS WHEREOF, this Agreement is to be executed by the parties below forthe purposes specified herein. [Authorization has been given to enter Into and execute this Agreement by Resolution No.2~-0`t hereto attached.] 3 of4 CITY OF DELRAY BEACH ATTEST: CITY CLERK (SEAL) APPROVED: 71SS~CITYATTORNEY /~ 23/O~ APPROVED: (AS TO FORM) BY: _ .T Q PROFESSIONAL SERVICES ADMINISTRATOR 4 of 4 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION APPROVED: Exhibit A Scope of Services The City of Dekay Beach desues to add additional amenities to the RRR Project FMt; 413839-1-52-01; SR 5 (iJS-17 fiom south of the C-15 Canal to north of Tropic Blvd., a distance of approximately 1.095 miles. The limits of the project within the City of Delray Beach begins just north of the C-15 Canal. After the completion of a field inspection, the City of Delray Beach decided to add irrigation in the medians were it was found that irrigation was not present. The City of Delray Beach has also expressed a need to use Central Controllers and Flow Meters. The following aze additional required amenities: • IItRIGATION-including necessary system devices MEMORANDUM To: Mayor and City Commissioners From: Lula Butler, Director Community Improvement Through: David Harden, CityrrManager Subject: Agenda Item #~.1~ Regular Meeting of Apri117, 2007 Request for Approval of a Locally Funded Agreement between the City of Delray Beach and the Florida Department of Transportation Item Before the Commission: City Commission consideration of approval of Locally Funded Agreement (LFA) with the Florida Department of Transportation (FDOT) for the funding by the City of a portion of the costs ($11,000) for imgation and landscaping for the South Federal Highway road reconstruction project, FM Number 413839-1-52-01. Background• The FDOT has a road reconstruction project planned for South Federal Highway, between the C-15 Canal and Tropic Boulevard. FDOT has been proactive in funding irrigation and landscaping in connection with these projects, however, they have a budget limit of $88,000 to expend toward beautification. Irrigation system deficiencies increased the cost of the project beyond the funds available to FDOT. The City has a source of funds from the Beautification Trust Fund that can be used for beautification on selected roadways and can cover the proposed $11,000 expenditure to fund FDOT's shortfall Funding Source: The Beautification Trust Fund Recommendation• Staff is recommending City Commission consideration of the request to approve the Resolution directing the City Manager to enter into a Locally Funded Agreement with FDOT to fund $11,000 to offset imgation and landscaping costs for the South Federal Highway road reconstruction project, between the C-15 Canal and Tropic Boulevard. RESOLUTION NO. -07 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA AUTHORIZING THE CITY TO ENTER INTO A LOCALLY. FUNDED AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) FOR THE INSTALLATION OF IRRIGATION AND LANDSCAPING DURING THE 3R PROJECT ALONG SRS (FEDERAL HIGHWAY) FROM THE C-15 CANAL TO NORTH OF TROPIC BOULEVARD; PROVIDING FOR AN EFFECTIVE DATE UPON APPROVAL. WHEREAS, highway beautification is an important part of our community; and WHEREAS, the improvements are in the interest of both the City of Delray Beach and the Florida Department of Transportation (FDOT), and WHEREAS, the FDOT had a limited budget of $8$,000 for irrigation and landscaping for South Federal Highway, and WHEREAS, the condition of the existing irrigation system required a complete replacement of the system, beyond the limits of FDOT's budget; and WHEREAS, the additional expense to the City of $11,000 is warranted considering the capital outlay by FDOT and the improvements received in return; and WHEREAS, the City can fund this expenditure from the Beautification Trust Fund; and WHEREAS, it is more practical, expeditious and economical for the FDOT to coordinate the installation of the irrigation and the landscaping in conjunction with the road improvement project; and WHEREAS the City provided a `Letter of Intent' to the FDOT on March 5, 2007 to fund the additional $11,000 for the irrigation and landscaping on the South Federal Highway Project. NOW, THEREFORE, BE IT RESOLVED by the City Commission of Delray Beach, Florida: Section 1. The City Commission authorizes the City to enter into an agreement with the FDOT know as a `Locally Funded Agreement' (LFA) in connection with Financial Management Number 413839- 1-52-01. Section 2. The City Commission hereby authorizes the City Manager to enter into the LFA between the City of Delray Beach, Florida and the Florida Department of Transportation. Section 3. The City Commission authorizes the lump sum payment to FDOT in the amount of $11,000 within thirty (30) days of the execution of the LFA, as defined in the agreement. Section 4. That this resolution shall become effective immediately upon its passage. PASSED AND ADOPTED in regular session on this the day of , 2007. MAYOR ATTEST: City Clerk - RECEIVED aPR ~ ~ Zoos ~~ L ` CITY MANAGER Florida Department of Transportation CHARLIE GRIST PROFESSIONAL AND OTHER CONTRACTUAL SERVICES -DISTRICT 4 STEPHANIE KOPELOUSOS GOVERNOR 3400 West Commercial Boulevard, Fort Lauderdale, Florida 33309-3421 INTERID1 SECRETARI" Telephone: (954)777-4603 Fax: (954)777-4602 April 11, 2007 Mr. David T. Harden City Manager City of Delray Beach 100 N.W. 1St Avenue Delray Beach, Florida 33444 RE: Locally Funded Agreement FM# 413839-1-52-01 Dear Mr. Harden: I am enclosing five (5) copies of the Locally Funded Agreement (CFA's) for the above referenced project. Please Do Nor fill in the date of the contract. The date of the contract shall be completed by our staff upon execution by the Department of Transportation's Director of Transport Support. A fully executed copy will then be forwarded to you for your files. In addition to returning the five signed original agreements, please forward: • Two (2) original and three (3) certified copies of the Commission resolution that authorizes the execution of the CFA. If it is not possible to obtain the resolutions, please forward: • Five (5) certified copies of the minutes of the Commission meeting at which this agreement was approved for execution. Should you have any questions, please contact me at 954-777-2285. Sincerely, 1 eos A. Kennedy, Jr. Professional Services Unit Enclosure: LFA Agreement Copy: Thuc Le- FDOT Project 11~anager tate.fl.us File FM No: 413839-1-52-01 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) Number413839-1-52-01 (Funded in Fiscal Year 2007/2008) for the Installation of Landscape and an Irrigation System during the 3R Project along SR5 from South of the C-15 Canal to North of Tropic Blvd. 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 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: 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 DEPARTMENT will make reasonable efforts to obtain the PARTICIPANT input in its decisions. 1 of 4 5. The PARTICIPANTS share is estimated to be a lump sum payment of ELEVEN THOUSAND DOLLARS ($11,000.00) to the DEPARTMENT, for the Project. In~the event the actual cost of the Project is less than the PARTICIPANT'S share of ELEVEN THOUSAND DOLLARS ($11,000.00) 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 DEPARTMENTwith a check in the amount of ELEVEN THOUSAND DOLLARS ($11,000.00) 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.: 413839-1-52-01. The DEPARTMENTshall utilize this amounttowards costs of Project No.:413839-1-52-01. 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 be in 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 DEPARTMENT and its successors. 9. Except as otherwise set forth herein, this AGREEMENT shall continue in effect and be binding to both the PARTICIPANTand 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. 2 of 4 11. With respect to any of the PARTICIPANT'S agents, consultants, subconsultants, contractors, sub-contractors, such party in any contract for this project shall agree to indemnify, defend, save and hold harmless the DEPARTMENTfrom 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 such agents, consultants, subconsultants, contractors and/or subcontractors.. The PARTICIPANT shall provide to the DEPARTMENT written evidence of the foregoing upon the request of the DEPARTMENT. 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. AI notices 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 Attn: Leos A. Kennedy, Jr. With a copy to: Thuc Le A second copy to: District General Counsel If to the PARTICIPANT: City of Delray Beach Dept. of Environmental Services 100 N.W. 1St Avenue Delray Beach, FL 33444 Attn: David T. Harden City Manager With a copy to: Attorney 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.] 3 of 4 CITY OF DELRAY BEACH BY: _ NAME: TITLE: ATTEST: CITY CLERK (SEAL) APPROVED: BY: CITY ATTORNEY STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY: ROSIELYN QUIROZ DIRECTOR OF TRANSPORTATION SUPPORT. APPROVED: (AS TO FORM) BY: DISTRICT GENERAL COUNSEL APPROVED: BY: PROFESSIONAL SERVICES ADMINISTRATOR 4 of 4 F.xhihit A Scope of Services The City of Delray Beach desires to add additional amenities to the RRR Project FM# 413839-1-52-01; SR 5 (US-I) from south of the C-15 Canal to north of Tropic Blvd., a distance of approximately 1.095 miles. The limits of the project within the City of Delray Beach begins just north of the C-15 Canal. After the completion of a field inspection, the City of Delray Beach decided to add irrigation in the medians were it was found that irrigation was not present. The City of Delray Beach has also expressed a need to use Central Controllers and Flow Meters. The following are additional required amenities: • IRRIGATION-including necessary system devices