Res 47-07/~
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RESOLUTION NO. 47-07
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, APPROVING AMENDMENT #1 TO THE
JOINT PARTICIPATION AGREEMENT FOR THE INSTALLATION
AND FUNDING OF THE LANDSCAPING LOCATED AT THE
INTERSECTION OF THE I-95 INTERCHANGE AND WEST ATLANTIC
AVENUE DATED MARCH 21, 2007 IN ORDER TO CLARIFY
REIMBURSEMENT FOR CONSTRUCTION AND DESIGN AND
AUTHORIZING THE EXECUTION OF THE AMENDMENT TO THE
AGREEMENT.
WHEREAS, the City of Dekay Beach, Florida, desires to approve Amendment #1 to the Joint
Participation Agreement for the installation and funding of the landscaping located at the intersection of the I-
95 interchange and West Atlantic Avenue dated March 21, 2007 to clarify reimbursement for construction and
design; and
WHEREAS, the Ciry Commission authorizes the execution of the Amendment.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitals set forth above are incorporated as if fully set forth herein.
Section 2. The City Commission of the City of Delray Beach authorizes Amendment #1 to the Joint
Participation Agreement between the City and the Florida Department of Transportation dated March 21,
2007, and authorizes the execution thereof to clarify reimbursement for construction and design.
PASSED AND ADOPTED in regular session on the 21St day of August, 2007.
ATTEST:
~~OL~
MAYOR
~.
Ciry Clerk
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: RANDAL L. KREJCA' REIN., P.E.
THROUGH: CITY MANAGER
DATE: 13 AUG 2007 Q ('
SUBJECT: AGENDA ITEM # V . 4 REGULAR MEETING OF Zl ~.UG 20Q7
WEST ATLANTIC AVE GATEWAY
LANDSCAPING JOINT PARTICIPATION AGREEMENT AND
MAINTENANCE MEMORANDUM OF AGREEMENT
AMENDMENT #1
PROJECT # 2003-002
ITEM BEFORE COMMISSION
Request for Commission approvallauthorization for Mayor to execute a Joint
Participation Agreement (JPA) Amendment #1 with Florida Department of
Transportation (FDOT) for the installation of landscaping along the northbound exit
and entrance ramps of I-95 at West Atlantic Avenue.
BACKGROUND
The City and FDOT entered into this JPA this past March. This amendment is to clarify
reimbursement for construction and design. It was previously unclear that professional design fees
could be credited toward the non-FDOT share of the project cost in an amount not to exceed 10% of
the total cost. The maximum amount to be reimbursed remains 50% up to a maximum of
$150,000.00. The total project is estimated to cost approximately $310,200. The CRA has
committed to provided funding for the balance of the construction portion of the project.
A location map is attached.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Staff recommends approval.
Enc
Cc Project File 2003-002 (E)
Agenda File
U:lwwdatalagendalAgenda Info 8.21.0712007-08-21 agenda memorv2.DOC
RESOLUTION NO. 47-07
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, APPROVING AMENDMENT #1 TO THE
JOINT PARTICIPATION AGREEMENT FOR THE INSTALLATION
AND FUNDING OF THE LANDSCAPING LOCATED AT THE
INTERSECTION OF THE I-95 INTERCHANGE AND WEST ATLANTIC
AVENUE DATED MARCH 21, 2007 IN ORDER TO CLARIFY
REIMBURSEMENT FOR CONSTRUCTION AND DESIGN AND
AUTHORIZING THE EXECUTION OF THE AMENDMENT TO THE
AGREEMENT.
WHEREAS, the City of Delray Beach, Florida, desires to approve Amendment #1 to the Joint
Participation Agreement for the installation and funding of the landscaping located at the intersection of the I-
95 interchange and West Atlantic Avenue dated March 21, 2007 to clarify reimbursement for construction and
design; and
WHEREAS, the City Commission authorizes the execution of the Amendment
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitals set forth above are incorporated as if fully set forth herein.
Section.. The City Commission of the City of Delray Beach authorizes Amendment #1 to the Joint
Participation Agreement between the City and the Florida Department of Transportation dated March 21,
2007, and authorizes the execution thereof to clarify reimbursement for construction and design.
PASSED AND ADOPTED in regular session on the day of ,2007.
MAYOR
Attest:
City Clerk
Contract No.: AOQ54
FM No: 421280-1-74-O1
Vendor No: VF-1390340001
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
AND
CITY OF DELRAY BEACH
JOINT PARTICIPATION AGREEMENT
AMENDMENT NUMBER ONE
THLS AMENDMENT, made and 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, FLORIDA, located at 434 South Swinton Avenue,
Delray Beach, Florida 33444, hereinafter called the PARTICIPANT.
WITNESSETH
WHEREAS, on March 2122007, the parties entered into a Joint Participation Agreement, hereinafter
referred to as the AGREEMENT, wherein the PARTICIPANT agreed to provide certain landscape
improvements for State Road 9 (I-95} and SR 806 Interchange, Delray Beach, Florida in Palm Beach
County and hereinafter referred to as Project 421280-1-74-01, and,
WHEREAS, the parties hereto mutually agree that this AMENDMENT is in their best. interest;
NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein,
the parties agree to amend that certain AGREEMENT dated March 21, 2007, as follows:
The recitals set forth above are true and correct and are deemed incorporated herein.
2. Paragraph 5 of the AGREEMENT is amended as follows: The total cost of the Project
is approximately Three Hundred Ten Thousand One Hundred Thirty Nine Dollars
and Thirty Nine Cents ($310,139.39). In the event that the total Project cost is Three
Hundred Thousand Dollars ($300,400,00) or a greater amount, the maximum
payment from the DEPARTMENT shall be the sum of One Hundred Fifty
Thousand Dollars ($150,000.00} (FM Number 421280-1-?4-01). The balance of the
Project cast shall be paid by the PARTICIPANT. Tn the event the total cost of the
Project is less than Three Hundred Thousand Dollars ($300,000.00), the
DEPARTMENT shall pay the sum of fifty percent (50%) of the of the total cast of the
Project. The balance of the Project cost shall be paid by the PARTICIPANT. With
respect to any match balance owed by the PARTICIPANT, in accordance with
Chapter 14.40 of the Florida Administrative Code, the PARTICIPANT shall be
S:~OPL~f`:Landscape~JP.a Process & Scope Lifn\Delray ]PAamenr.#f(OS-tiG (~I3C)rev.R-(-07.dcx
Page 1 of 2
credited far design fees previously incurred or yet to be incurred in an amount not to
exceed 10% of the total Project cost. Such credit shall be applied towards the sum due
from the PARTICIPANT as its share of the total Project cost. The PARTICIPANT
acknowledges and agrees that the DEPARTMENT'S obligation to make payment
under the AGREEMENT or this AMENDMENT is contingent upon an annual
appropriation by the Florida legislature.
3. The PARTICIPANT will comply with the Federal and State Audit provisions set forth in
Exhibit "C" which were attached to and made part of the AGREEMENT.
All provisions, covenants; terms and conditions of the AGREEMENT between the parties
theretofore entered into of March 21, 2007, respecfiiveiy as originally set forth therein, and which are
not hereby expressly amended or modified and not in conflict with the terms hereof, are hereby
ratified and confirmed and shall remain the same and be unaffected by these presents.
IN WITNESS WHEREOF, this AMENDMENT to be executed by the parties below for
the purposes specified herein. Authorization has been given to enter into and execute this
Amendment by Resolution No. ,hereto attached.
CITY QF DELRAY BEACH
BIB'
• ;I~ ERSON/MAYOR
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
BY
Gerry O'Reilly, P.E.
TRAI~ISPORTATION DEVELOPMENT DIRECTOR
ATTEST:
~~RK (SEAL)
.•
•:•....
.A~P~~tQVED:
BY:
• CTi:Y ATTORNEY
.•.
APPROVED: (AS TO FORM)
BY:
DISTRICT GENERAL COUNSEL DATE
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