Res 33-04RESOLUTION NO. 33-04
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, APPROVING THE JOINT PARTICIPATION
AGREEMENT FOR THE DESIGN AND CONSTRUCTION OF A TRAFFIC
SIGNAL AT THE INTERSECTION OF US-1 AND TROPIC BOULEVARD
AND AUTHORIZING THE EXECUTION OF THE AGREEMENT.
WHEREAS, THE City of Delray Beach, Florida desires to approve the Joint Participation
Agreement for the installation of a traffic signal at the intersection of US-1 and Tropic Boulevard;
and
WHEREAS, the City Commission authorizes the execution of the Agreement.
NOW, THEREFOR_E, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. The City Com-rmssion of the City of Dekay Beach authorizes the entv/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 axe incorporated as if fully set forth herein.
f~ 2004
PASSED AND ADOPTED in regular session on this the .~day o .
ATFEST:
City Clerk
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM # '~ 0.._ _ REGULAR M~.~TING OF APRIL 13. 2004
RESOLUTION NO. 33-04/_IOINT PARTICIPATION AGREEMENT/
FLORIDA DEPARTMENT OF TRANSPORTATION
DATE: APRIL 9, 2004
This is before the Commission to approve Resolution No. 33-04 and the joint participation agreement
in the amount of $300,000.00 between the City and the Florida Department of Transportation
(EDOm) for the signalization of the intersection of U.S. 1 and Tropic Boulevard.
Recommend approval of Resolution No. 33-04 and the joint participation agreement with the Florida
Department of Transportation (FDOT) for the signalization of the intersection of U.S.1 and Tropic
Boulevard.
S:\City Clerk\agenda memo~ kJ PA.FDOT.Tropic Blvd.04.13.04
RESOLUTION NO. ~3-04
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DRr,RAY
BEACH, FLORIDA, APPROVING THE JOINT PARTICIPATION
AGREEMENT FOR THE DESIGN AND CONSTRUCTION OF A TRAFFIC
SIGNAL AT THE INTERSECTION OF US-1 AND TROPIC BOULEVARD
AND AUTHORIZING THE EXECUTION OF THE AGREEMENT.
WHEREAS, THE City of Delray Beach, Florida desires to approve the Joint Participation
Agreement for the installation of a traffic signal at the intersection of US-1 and Tropic Boulevard;
and
WHEREAS, the City Commission authorizes the execution of the Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY 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
,2004.
ATI'I~ST:
MAYOR
City Clerk
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D
TO:
FROM:
SUBJECT:
David Harden' City Managel/
Randal L. Krejcarek, P.E.
US 1 @ Tropic Boulevard Signalization
Joint Participation Agreement with
Florida Department of Transportation
Project 2004-030
Commission Agenda Item
DATE: April 2, 2004
U M
www. MyDelrayBeach. com
The attached agenda item is a request for Commission approval/authorization for Mayor to execute
a Joint Participation Agreement (JPA) with the Florida Department of Transportation (FDOT) for the
signalization of the intersection of US 1 and Tropic Boulevard. The JPA will reimburse the City of
costs associated with the design and construction of a fully actuated signal and associated
hardware to be fully integrated into the Palm Beach County Traffic Signal System. The City will be
reimbursed up to $300,000.00. Any costs associated with this project over this amount will be the
responsibility of the City. This agreement is valid until 31 January 2006.
This agreement is contingent of the City Attorney's review and approval of the JPA.
This project will be added to the City's 2004-2005 ClP.
A map indicating the project location is attached.
Please place this JPA on the 13 Apr 2004 Commission Agenda.
Thank you.
enc.
cc Richard Hasko, P.E.
Agenda File; 04.13.04
File 2004-030(A)
S:tEngAdmin~Projects~2OO4t2OO4-O3OtOFFICIAL ~2004 apr 13 agenda memo.doc
Page 1 of 1
Kucmerowski, Carolanne
From: Shutt, Brian
Sent: Wednesday, April 07, 2004 9:04 AM
To: Kucmerowski, Carolanne
Subject: RE: Attached Resolution
Carolanne, the JPA is ok. I have also attached the revised resolution that you may use for this.
R. Brian Shutt
Assistant City Attorney
200 N.W. 1st Avenue
Delray Beach, FL 33444
(561)243-7091
Fax (561)278-4755
shutt~ci, delray-beach.fl, us
..... Original Hessage .....
From-' Kucmerowski, Camlanne ~
Sent= Wednesday, April 07, 2004 8:37 AH
To-' Shutt, Brian
Subject: Attached Resolution
Brian,
Here's the Resolution we spoke about, it's for a FDOT memorandum of maintenance. Will this work? If not, I'll keep
looking for resolution for a JPA.
Thanks,
Carolanne Kucmerowski
Executive Assistant/Agenda Coordinator
Ci~ of Delray Beach/Ci~ Clerk's Office
Phone: (561) 243-7059
Fax: (561) 243-3774
4/7/2004
/~ TREE LANE
LINTON BOULEVARD
~ ~ ~ Cl~ of DELRAY BEACH us~ ~ TROPIC BOULEVARD D~:~-~-~
E~ME~AL 8E~CE8 DEPA~E~ SI GNALI ZATI ON LOCA~ON ~P
~ / ~ ~ ~ A~ ~Y ~ ~A ~ 2004- 0~0
JEB BUSH
GOVERNOR
F/or/da Department of Transportation
PROFESSIONAL AND OTHER CONTRACTUAL SERVICES - DISTRICT IV
3400 W. Commercial Boulevard, Ft. Lauderdale, Florida 33309-3421
Telephone: (954) 777-4603/fax (954) 777-4602
JOS~ ABREU
SECRETARY
Mr. Randal L. Krejcarek, P.E.
City Engineer
City of Delray Beach
100 NW 1st Avenue
Delray Beach, Florida 33444
March 30, 2004
RE: Joint Participation Agreement
State FM# 416589-1.58-01
Dear Mr. Krejcarek:
I am enclosing five (5) copies of the Joint Participation Agreement (JPA's) for the above
referenced project.
Please DO NOT 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 JPA.
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,
Professional Services Unit
Enclosure:
Copy:
JPA Agreement
Jonathan Overton- FDO'Fvv~.~l~sl~g.~esr
File
~ RECYCLED PAPER
FM No: 416589-1.58-01
FEID No: VF-596-000-308
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
JOINT PARTICIPATION AGREEMENT
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, located 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 PARTICIPANT make
certain improvements in connection with Financial Management No. 416589-1-58-01 for the Design &
Construction of a fully actuated traffic signal and associated hardware to be fully integrated into the
Palm Beach County Traffic Signal System at the intersection of SR-5/US-1 and Tropic Boulevard in
Delray Beach in Palm Beach County, Florida; 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 PARTICIPANT 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.
The PARTICIPANT shall be'responsible for all costs associated with the design, installation
and inspection of the traffic signal, and shall coordinate all inspections. The PARTICIPANT
shall also be responsible for assuring that the Project complies with all applicable Federal,
State and Local laws, rules, regulations, guidelines and standards.
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.
The DEPARTMENT will issue a general use permit, based on approved design plans, to the
PARTICIPANT for installation, by the PARTICIPANT, for this PROJECT.
The PARTICIPANT 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.
1 of 5
The DEPARTMENT agrees to pay the PARTICIPANT for the Design & Construction of a fully
actuated traffic signal and associated hardware to be fully integrated into the Palm Beach
County Traffic Signal System at the intersection of SR-5/US-1 and Tropic Boulevard in Delray
Beach in Palm Beach County. The DEPARTMENT'S participation for this project is a maximum
of THREE HUNDRED THOUSAND DOLLARS ($300,000.00). The DEPARTMENT will
provide to the PARTICIPANT a Lump Sum payment not to exceed THREE HUNDRED
THOUSAND DOLLARS ($300,000.00) after the completion and acceptance of the services. If
the actual cost of the project exceeds the original estimate, the overruns in cost shall be the
sole responsibility of the PARTICIPANT.
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.
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.
This AGREEMENT and any interest herein shall not be assigned, transferred or otherwise
encumbered by the PARTICIPANT under any circumstances without the pdor written consent
of the DEPARTMENT. However, this AGREEMENT shall run to the DEPARTMENT and its
successors.
10.
11.
12.
13.
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 January 31,2006, whichever occurs first.
Payment shall be made only after receipt and approval of goods and services unless advance
payments are authorized by the Department of Financial Services under Section 215.422(14),
Florida Statutes, or by the Department's Comptroller under Section 334.044(29), Flodda
Statutes.
If this AGREEMENT involves units of deliverables, then such units must be received and
accepted in wdting 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 PARTICIPANT
promptly when work is subsequently performed.
Bills for fees or other compensation for services or expenses shall be submitted in detail
sufficient for a proper preaudit and postaudit thereof.
PARTICIPANTS providing goods and services to the DEPARTMENT should be aware of the
following time frames. Upon receipt, the DEPARTMENT has (10) ten working days to inspect
and approve the goods and services. The DEPARTMENT has 20 days to deliver a request for
2 of 5
14.
15.
16.
17.
18.
19.
payment (voucher) to the Department of Financial Services. 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.
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 (1) 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.
A Vendor Ombudsman has been established within the Department of Financial Services. 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 Department of Financial
Services's Hotline, 1-800-848-3792.
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.
In the event this contract is for services in excess of TWENTY FIVE THOUSAND DOLLARS
($25,000.00) and a term for a pedod 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 dudng such fiscal year. Any contract,
verbal or wdtten, made in violation of this subsection is null and void, and no money may
be paid on such contrac{. 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 pedods 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 TVVENTY FIVE THOUSAND DOLLARS
($25,000.00) and which have a term for a period of more than one year."
The DEPARTMENT'S obligation to pay is contingent upon an annual appropriation by the
Florida Legislature.
The PARTICIPANT 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,
3 of 5
20.
21.
and it has not paid or agreed to pay any company, corporation, individual or firm, other than a
bona fide employee employed bythe PARTICIPANT. For breach or violation of this provision,
the DEPARTMENT shall have the right to terminate the AGREEMENT without liability.
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 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.
This AGREEMENT is governed by and construed in accordance with the laws of the State of
Florida.
22.
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 conceming
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 pdor
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.
23.
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. Ali 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: Leqs A. Kennedy, Jr.
With a copy to: Jonathan Overton
A second copy to: Distdct General Counsel
If to the PARTICIPANT:
City of Delray Beach
100 N.W. 1$~ Avenue
Delray Beach, Florida 33444
Attn: Randal Krejcarek
City Engineer
With a copy to: Attorney
[ THIS SPACE INTENTIONALLY LEFT BLANK ]
4 or'5
IN WI?NESS WHEREOF, this Agreement is to be executed by the parties below for the purposes specified
herein. [If Local Government: Authorization has been given to enter into and execute this Agreement by
Resolution No. , hereto attached.]
CITY OF DELRAY BEACH
STATE OFFLORIDA
DEPARTMENT OF TRANSPORTATION
BY:
NAME:
TITLE:
ATTEST:
CITY CLERK (SEAL)
BY:
ROSIELYN QUIROZ
DIRECTOR OF TRANSPORTATION SUPPORT
APPROVED: (AS TO FORM)
BY:
DISTRICT GENERAL COUNSEL
APPROVED:
APPROVED:
BY:
ClTY ATTORNEY
BY:
PROFESSIONAL SERVICES ADMINISTRATOR
5 of 5
Date: 05 Apr 2004
AGENDA ITEM NUMBER:~_
AGENDA REQUEST
Request to be placed on:
X Consent Agenda Regular Agenda Workshop Agenda Special Agenda
V/hen: 13 Apr 2004
Description of Agenda Item (who, what, where, how much):
Request for Commission approval/authorization for Mayor to execute a Joint Participation
Agreement (JPA) with the Florida Department of Transportation (FDOT) for the signalization of
the intersection of US i and Tropic Boulevard. The City will be reimbursed up to $300,000.00.
This agreement is valid until 31 January 2006. This agenda request is contingent on the City
Attorney's review and approval of the JPA.
Recommendation: Staff recommend~approval
Department Head Signature: ~.~) ~.__~ ~d~j~::~
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: Yes / No Initials: Will be proposed in FY 2004-2005 CIP
Account Number
Description
Account Balance:
Funding Alternatives: (if applicable)
City Manager Review:
Approved for Agenda:(~ / No Initials:
Hold Until:
Agenda Coordinator Review:
Received:
S:\EngAdmin\Projects\2004\2004-030\OFFICIAL\2004 apr 13 agenda request.doc