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2004-014 Interlocal Funding Agrmt w/PBC for Prosperity Farms RoadRESOLUTION 14-2004 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE CLERK TO ENTER INTO AN 1NTERLOCAL FUNDING AGREEMENT WITH THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY ATTACHED AS EXHIBIT "A", WHICH AGREEMENT PROVIDES FINANCIAL ASSISTANCE FROM THE COUNTY TO THE VILLAGE FOR THE CONCEPTUAL PLANNING, DESIGN, CONSTRUCTION OF ROADWAY IMPROVEMENTS AND INSTALLATION OF LANDSCAPING FOR BEAUTIFICATION OF PROSPERITY FARMS ROAD BETWEEN NORTHLAKE BOULEVARD AND BURNS ROADS WITHIN THE VILLAGE; REPEALING RESOLUTION 74-2000; AND, PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA: Section 1. The Village Council of the Village of North Palm Beach, Florida, hereby approves the Interlocal Funding Agreement with the Board of County Commissioners of Palm Beach County attached as Exhibit "A", which Agreement provides financial assistance from the County to the Village for conceptual planning, design, construction of roadway improvements and installation of landscaping for beautification of Prosperity Farms Road between Northlake Boulevard and Burns Road within the Village. Section 2. The Mayor and Village Clerk are hereby authorized and directed to execute the Interlocal Funding Agreement with the Board of County Commissioners of Palm Beach County attached as Exhibit A. Section 3. Resolution 74-2000, which approved a prior draft of the Interlocal Funding Agreement with the Board of Commissioners of Palm Beach County, is hereby repealed. Section 4. This resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED THIS 12th DAY OF FEBRUARY,2004. (Viliage Sear MAYOR A ~tiACA c G 0 a~ 2~ :.~ , ,, ~ `\LORl~% Department of En~ineerin$ and Public Works P.O. Box 21229 West Palm Beach. FL 33416-1229 i=,~ii 5na.apnn www.pbcgov.com ^ Palm Beach County Board of County Commissioners Karen T Marcus, Chair Tony Masilotti, Vice Chairman Jeff Koons Warren H. Newell Mary McCarty Burt Aaronson Addle L. Greene County Administrator Robert Weisman "r 'An Equa: Opportunity Affirmative Attion Employer" March 8, 2004 Village Manager Villagge~ of Noah Palm Beach 501 U S. Highway 1 North Palm Beach, FL 33408 RE: Agreement ~R2004-0303 with the Village of North Palm Beach for Prosperity , arms Roa (Northlake Boulevard to Burns Road) Beautlflcatlorz. Included for the Village's records is one (1) onc~Inai of the Agreement that the Board of County Commissioners executed on February 24, 2004. Please forward this Agreemenf to the person within your organization who is responsible for maintaining such records. Please note the Village will need to have ail work completed (and ins ected) by the dates stated in the agreement and also submit a payment request along witf~ supporting, documents -ion) by that date. Supporting documents Ion, at a minimum, Includes: 1. Checks. Copies of completed and signed checks (front only nee e to vendors, suppliers, etc. 2. Invoices. Copies of invoices which detail the material/labor prove e, . Invoices for dollar amounts only without additional supporting detailed documents are not sufficient. 3. In-Kind Labor/Materials. Internal documents such as job sheets, payro recor s, e c. need to be provided. It is suggested that you or someone in your organization maintain an on-going file of these documents to assist you at payment request time. Your efforts to enhance the quality of life in Palm Beach County are appreciated. If you have any questions, please contact me or Jason Weber at 684-4100. Sincerely, ,7 OFFIC ~ -'- UN's ENGINEER % ~._. 4. ~~~ndrew S.~Hertel, AIC Manager - Streetscape Section ASH~~ Attachments: One orininal of the Agreement (R2004-0303,1. PC: Letter ones~)) . Haney F"rakes, Jr., P.E., Assistant County Engineer rile: Village of North Paim Beach F \MEDIAN~JTW`,COMMFUNOS03-04\AGR-LTR-NPB_PROS-FRMS r~~ ~.~~ ~ ~ ` T€'~ I yf,~; r ~ ~ ~_ .~ , / '.,/~~ . printed on recycled paper R244~ ~3~3 FINANCIAL ASSISTANCE AGREEMENT WI`1'H 1'IiE VII.LAGE OF NORTH PALM BEACH REGARDING PROSPERITY FARMS ROAD (NORTHLAKE BOULEVARD TO BURNS ROAD) BEAUTIFICATION THIS INTERLOCAL AGREEMENT is made and entered into this day of cca 2 i u16~4 2003, by and b~tweer. PALM BEACH COUNTY, FLORIDA, a pol;tir_.al subdivision of the State of Florida ("COUNTY"), and the VILLAGE OF NORTH PALM BEACH, a political subdivision of the State of Florida ("VII,LAGE") WITNESSETH: WHEREAS, the VILLAGE decided to beautify Prosperity Farms Road from Northlake Boulevard to Burns Road and requested the support of the District Commissioner for the funding of the conceptual plan, design and construction of the roadway improvements and the installation of landscaping; and WHEREAS, the District Commissioner supported beautification of the roadway and the COUNTY agreed to fund certain roadway improvements to enhance the appearance and function of the road; and WHEREAS, on February 6, 2001, the VILLAGE and COUNTY entered into an interlocal agreement providing for funding of certain roadway improvements; and WHEREAS, the VILLAGE caused a study of improvement options to be completed and the COUNTY reimbursed the VILLAGE for the costs of that study; and WHEREAS, the VILLAGE failed to comply with the terms of the prior interlocal agreement; and -1- WHEREAS, the ~OL'NT~' a;-d "VILi,AGE Desire to terminate the prior il-~teriocal agreement. _ and enter into a new interlocal agreement fer the fianding, design and construction of certain roadway improvements. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: 1. Recitals. The foregoing recitals are true and correct and incorporated herein. 2. Definitions. The following words, phrases or terms used in this Agreement shall have the following meaning: A. "COiJNTY ROAD" means that portion of Prosperity Farms Road from Northlake Boulevard to Burns Road. B. "IlvIPROVEMENTS" means the roadway improvements to be constructed and installed by the VILLAGE on the COUNTY ROAD, which includes, but is not limited to project design and construction of landscaping; a continuous curb and gutter for improved drainage and safety; and the improvements as approved by VILLAGE Council for the BEATUIFICATION PROJECT as shown on Exhibit "A" amended. The term "Il~IPROVEMENT5" shall not include any inspection or administrative costs incurred by the VILLAGE or any roadway improvements made for the purpose of expanding the COUNTY ROAD to include additional lanes. C. "AGREEMENT 1" means that certain Financial Assistance Agreement for the Village of North Palm Beach Prosperity Farms Road (Northlake Boulevard to Burns Road) 'iicaiiiiuCativn bj% "and bet',~'een the. CO?,~TTV µr;ri the VTT T A(;F dated FPMrI.IaTV ~ 2001 ~ R#2001- 0182). -2- D. "BEAuTIFICATIO~: PRGs'EC''„ means v'~ ~ACTE Council ap~~rove~ recommendation from the Prosperity Farms Road Ad-I-Ioc Comsnsttee which is the Beautification & Safety Improvements shown on Exhibit "A" amended. E. "STUDY" means Preliminary Planning, Design and Engineering Services study prepared by Kimley-Horn and Associates dated November 1, 2001. F. "PROJECT DESIGN" means the planning and final design of the IMPROVEMENTS. 3. improvements. A. Fundin The VILLAGE acknowledges and agrees that COUNTY has reimbursed the VILLAGE in the amount of Eighty-two Thousand Five Hundred Dollars ($82,500.00) toward the cost of the IlVIPROVEMENTS for preparation of the STUDY in accordance with AGREEMENT 1. The COUNTY agrees to reimburse the VILLAGE, subject to the terms and conditions of this Agreement, an additional amount not to exceed Nine Hundred Seventeen Thousand Five Hundred Dollars ($917,500.00) toward the cost of the IlVIPROVEMENTS. The VILLAGE agrees that it shall be responsible for all costs necessary to complete the IlvII'ROVEMENTS in excess of the funding provided or to be provided by the COUNTY for the IMPROVEMENTS- B. Schedule. Construction of the IMPROVEMENTS by the VILLAGE shall be in accordance with the following schedule: 1. The VILLAGE shall complete or cause to be completed the PROJECT ;;ESIG1`::n acC^rdaiirie ~~nth the RF A T TTTFTf A TTf11~T PR QT~f T nn or hefnre T~PCemher 31 ; 2004. 2. The VILLAGE shall commence construction/installation of the L~1IPROVEMENTS Ln accordannce with the PROJECT DESICTN on or before April 30; 2005. -3- The VILLAGE shall complete cosst^action of the LM?RO~ ~ ,~.~3T~ on or'uefore December 31, ?006. 3. The time frames set forth in this Section 3(B) may be extended with the prior written consent of the County Engineer, which consent shall not be unreasonably withheld. The COUNTY shall extend written consent for extension of time frame set forth in this Section 3B by the amount of time delay caused by fires, floods; or acts of God beyond the control of the VILLAGE. 4. Reimbursement by the COU'ivTY. Trie ti u.LAGE aclu,owledges and agrees that all payments by the COUNTY shall be made on a reimbursement basis and that the VILLAGE shall be primarily responsible for the design and construction ofthe IlVIPROVEMENTS, which responsibilities include, but are not limited to: the conceptual planning; design; permitting; contract solicitation, preparation and administration; construction and installation of the IlvIPROVEMENTS; and any and all payment(s) to its contractor(s). The VILLAGE shall submit all requests for reimbursement to the County Engineer with supporting documentation in a form and detail acceptable to the COUNTY, which shall include, but shall not be limited to, copies of all invoices and receipts. The VILLAGE shall also include with a request for reimbursement: (i) a statement from a Florida Registered Landscape Architect when requesting reimbursement for landscaping costs and (ii) documentation acceptable to the COUNTY indicating that the Il1~IPROVEMENTS were inspected, installed and constructed substantially in accordance with the PROJECT DESIGN. The VILLAGE shall reaSona}~ly dnriiment any in_kinr~ matPriaic anri/nr lahpr that the VILLAGE intends to request the COUNTY to reimburse. The COUNTY may provide reimbursement to the VILLAGE for in-kind -4- iiYaterials and/or labor casts, but tilt Cv v' ^ ~ Y shall 11a~'e nC ^bl.bat.Jn tU r~lillliurSe such C~StS tll t11E VILLAGE. The VILLAGE shall submit all requests far reimbursement on or before Tune 30, 2007. 5. PROJECT DESIGN Approval. The VILLAGE agrees to construct, install and maintain the IlvIPROVEMENTS substantially in accordance with this Agreement. Upon completion of the PROJECT DESIGN, the VILLAGE shall submit the PROJECT DESIGN to the County Engineer for approval prior to construction or installation of the IMPROVEMENTS. The County Engineer shall have thirty (30) days to review the PROJECT DESIGN to determine conformance with the requirements of this Agreement. Approval by the County Engineer maybe withheld for a failure to conform with the provisions of this Agreement. Substantial variations from the approved PROJECT DESIGN shall require prior written approval of the County Engineer. The COUNTY shall have the final determination of the eligibility for reimbursement of any changes to the approved PROJECT DESIGN. The final landscaping permit drawings must be signed and sealed by a Florida Registered Landscape Architect experienced in roadway planting and familiar with the COUNTY's Streetscape Standards Manual. 6. Labor and Materials. The VILLAGE shall obtain or provide all labor and materials necessary for the construction and installation of the Il~IPROVEMEN'TS. The minimum requirement for any plant stock shall be Florida Grade No. 1, as defined in Florida Department of Consumer Services Grades and Standards for Nursery Plants (most current edition), with the exception of certain Grade No. Z plant materials which are specified on the approved PROJECT DESIGN for the rn,rvpn~~~,~?.J~rc The r;aµ;; ~. Frbu ~r chwll hac~e the final rletPrmination of eligibility for uvu ~v • ii• u. reimbursement of all plant materials. -S- i. Annual Apyropriation. The COt~r.~T ~ `s performance and obligation to pay under this Agreement is agreed tc by the Board of Count; Commissioners. Any additional transfers or allocations necessary to complete the IlVIPORVEMENTS shall be subject to approval by the Board of County Commissioners in future budgets. 8. Governmental Approval and Compliance. The VII.,LAGE agrees to obtain, all permits required for the construction, installation, maintenance or replacement of the IlVIPROVEMENTS, including, but not limited to, any required COUNTY permits. COUNTY agrees to waive any and all fees associated with required County pernuts. The `v'ILLAGE agrees to comply with ati federal, state, regional and local laws, orders, rules and regulations applicable to the construction, installation, maintenance and replacement of the IlvIPROVEMENTS. 9. Maintenance. The VILLAGE shall be responsible for the perpetual maintenance of the median landscaping if installed, and shall be solely responsible for obtaining and complying with all necessary permits, approvals, and authorizations from any federal, state, regional or local governmental agency which are required for the subsequent maintenance of the medians, if installed. Maintenance of all landscaping along the right-of--way of Prosperity Farms Road is the responsibility of the resident/property owner per VILLAGE Code. 10. Repairs. The VILLAGE shall be responsible for repairing any damage to sidewalks, curbing, roadway pavement, drainage facilities and utilities resulting from the construction or installation of IIVIPROVEMENTS. The VILLAGE shall commence repairs within sixty (60) days ~?.,~. ,.v++o„ „,.+;nn Frnm +},a (v'(1T TT~TT'V wnri ~}l~ll nrncPrlltP cilrh rPnalTC tf1 C:(lmnlPtZnn_ ITl YIIP_. P_.VP_.17t lW vLiit~via •iV ~avv vaaa uav vi. r••••••••••••••~ Y"'-- r-- the VII.LAGE fails to commence repairs within the sixty (60) day period or the repairs are of an urgent Harare, the r(1T TT~T'~V may ra,,:gP the repairc to be completed and the VILLAGE shall -6- reimburse the COUi•1TY for all casts incu„ed by the C;CUIVTY for the repairs u~ithlin sixty tb~ j jays after receipt of an invoice from the COUNTY. 11. Audit. The VILLAGE shall maintain adequate records to justify all charges, expenses and costs incurred by the VILLAGE for the Il~IPROVEMENTS for at least three (3) years after final navment by the COUNTY. The COUNTY shall have the right to audit and examine all such books and records during normal business hours of the VII..LAGE. 12. Relationship of the Parties. VII.,LAGE acknowledges it is an independent contractor and operator, not an agent or servant of the COuiv'TY or its Board of County Commissioners. The VILLAGE shall be solely responsible to all parties for its respective acts or omissions, and COUNTY shall in no way be responsible therefore. 13. Indemnification. Each party shall be liable for its own actions and negligence and, to the extent permitted bylaw, the VILLAGE shall indemnify, defend and hold harmless COUNTY against any actions, claims, or damages arising out of VII.,LAGE's negligence in connection with this Agreement or the performance by the VILLAGE as it may relate to the IMPROVEMENTS. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Florida Statutes, Section 768.28, nor shall the same be construed to constitute agreement by either party to indemnify the other party for such other party's negligent, willful or intentional acts or omissions. This paragraph shall survive termination of this Agreement. 14. Insurance. A iI7'~11 • 1-~n t•.n~t t~ onc~nratttn immt~n~ty the vrr T A(',F TPCPT~/eC t~1P T7ghr A. YY ~Ll Vl1L WalYlll~ L11V ll~lll V JV Y V1 Vabaa ,, ~ to self-insure for general liability with coverage limits of One Hundred Thousand Dollars ($100,000) per person arld Two ;-Iundred Thousand T,~ollars ($2n0,nn0~ peT occurrence, or such monetary waiver -~- liir~ts as set forth by the Florida legislature, In the evert the ~'~ ~ .ASE tnaintains ti•Lrd-party commercial general liability insurance, the VII.LAGE agrees to maintain coverage at a limit not less than One Million Dollars ($1,000,000) per occurrence. The VII,I,AGE agrees to endorse PALM BEACH COUNTY BOARD OF COUNTY COMMISSIONERS as an "Additional Insured" to the commercial general liability insurance, but only with respect to negligence arising out of this Agreemen± other than the COUNTY'S negligence. This pazagraph does not apply to liability policies affording indemnity based claims-bill coverage only. The VII,LAGE shall deliver the COUNTY a Certificate of Insurance or statement of sell=insurance to Pa~rn Beach County, Engineering and Public Works, Attn: County Engineer, P.O. BOX 21229, West Palm Beach, FL 33416-1229. B. The VII,LAGE shall require each contractor engaged by the VII_,LAGE for work associated with this Agreement to maintain: 1. Workers' Compensation coverage in accordance with Florida Statutes and commercial general liability insurance at a limit of liability not less than One Million Dollars ($1,000,000) per occurrence. Each contractor shall endorse its commercial general liabilityinsurance with a CG 2010 Additional Insured endorsement in favor of the VII.,LAGE and PALM BEACH COUNTY BOARD OF COUNTY COMMISSIONERS. When requested, the VILLAGE shall deliver to the COUNTY a Certificate of Insurance, evidencing the contractor's coverage, with a minimum thirty (30) day endeavor to notify due to cancellation or non-renewal of coverage to Palm Beach County, Engineering and Public Works, Attn: Asst. County Engineer, P.O. Box 21229, West D.11.,, Rnorh FT 32d1 ~_122Q 1 Ullll LVµVIl, 1 2. A payment and performance bond for the total amount of the contract in accordance .x,~th Florida Ctat,ire 255.05, ac may be amended from time to time. -8- 'j' + by Y 1.Li L.~AI.-~. ~1li CS i~i~v~iinv::t ;~:ay ~t` ~t'I itl~rj~t~u L!~ isle ~~LA\3E., W~.tl~ 1 _ . 1 cirmina4ton U er without cause, immediately upon written notice to the COUNTY and the COUNTY shall be released and discharged upon termination from all further reimbursement obligations hereunder. If the VILLAGE fails to use the PROJECT DESIGN or construct the Il~iPROVEMENTS to completion, the VILLAGE shall be required to fully reimburse the COUNTY for any and all financial assistance provided to the VILLAGE by the COUNTY for the IMPROVEMENTS prior to termination of this Agreement by the VILLAGE, including, but not limited, any funding provided to the "v'R,LAGE in accordance with AGREEPviEi~1'T i . This paragraph shall not act or be construed as a waiver of any rights COUNTY may have against the VILLAGE for breach of this Agreement, including, but not limited to, the right to bring an action for damages. 16. Termination bX COUNTY. This Agreement may be terminated in whole or in part, by the COUNTY, with cause, upon written notice to the VILLAGE. Unless the VILLAGE is in breach of this Agreement, the VILLAGE shall be paid for those portions of the IlVIPROVEMENTS completed to the COUNTY's satisfaction through the date of termination by the COUNTY. After receipt of a termination notice, and except as otherwise directed by the COUNTY, the VILLAGE shall: A. Stop work on the date and to the extent specified; B. Terminate and settle all orders and contracts relating to the performance of the terminated work; r Trarngfer alt ~unrk in nrnnPCC r.nmpi_eted work, and other materials related to the terminated work to the COUNTY; and n, Contin1e and complete all parts of the work that have not been terminated. -9- ~ o r , ~ o i ~'' T i 'T i~ ~~l• ii Ali iiF. iii ail ..la T T V 1 1, . D~faul~ b~ ~h,, ,;OU?v'T Y'. ~,0.:?'v I.G'._ ?l.._ auil iinleiS CO~~T ~ fans to perform obligations imposed upon COUNTY hereunder within a reasonable time, but in no event later than thirty (30) days after written notice by VILLAGE to COUNTY; provided, however, that if the nature of COUNTY'S obligations is such that more than thirty (30) days are required for performance then COUNTY shall not be in default if COUNTY commences performance within the thirty (30) day period and thereafter diligently prosecutes the same to completion. 18. Default by VII.,LAGE. The occurrence of any one (1) or more of the following events shall constiiute a material default and breach of this Agree~~.crt by the VILLAGE: A. The failure to construct and install the IMPROVEMENTS within the time frames set forth in Section 3(B) above. B. The failure to observe or perfonrl any of the covenants, conditions or provisions of this Agreement to be observed or performed by the VILLAGE, except as described in Section 18(A) above, where such failure continues for a period of thirty (30) days after written notice from the COUNTY to the VII.LAGE; provided, however, if the nature of the VILLAGE's default is such that more than thirty (30) days are reasonably required for its cure, then the VILLAGE shall not be deemed to be in default if the VILLAGE commences to cure the default within the thirty (30) day period and diligently pursues to cure the default to completion. 19. Remedies. In the event of a material default or breach by the VILLAGE, the VILLAGE agrees that the COUNTY may, without limiting any other right or remedy which the r0T TATTY ma;~ have >>rder rhP law nr at Pq, lity by reason of such default or breach, elect to exercise any one (1) or more of the following remedies: A. Immediately terminate this Agreement and all further funding obligations to -10- the VIL,LAIiE under this Agree:neni. B. Require the VILLAGE to fully reimburse the COUNTY for any and all financial assistance provided by the COUNTY to the VILLAGE under this Agreement and AGREEMENT 1. C. Require the VILLAGE to restore the area in where the IMPROVEMENTS were installed and/or constructed to a condition acceptable to the COUNTY. D. Pursue any other remedy now or hereinafter available to COUNTY under the Laws of the Stale of Florida. Notwithstanding any provision of this Agreement to the contrary, the COUNTY shall have the right to bring an action for damages upon the xcurrence of a default by the VILLAGE. 20. Discrimination. The COUNTY and VILLAGE agree that no person shall, on the grounds of race, color, national origin, sexual orientation, religion or creed, sex, age, or handicap be discriminated against in performance of this Agreement. 21. Severability. In the event that any section, paragraph, sentence, clause or provision hereof is held invalid by a court of competent jurisdiction, such holding shall not affect the remaining portion of this Agreement and same shall remain in full force and effect. 22. Notices. All notices required to be given under this Agreement shall be in writing and deemed sufficient to each party when sent by United States Mail, postage prepaid, to the Fnllnlvinn• .v...., ...~.b. TO THE COUNTY: County Engineer Palm Beach County Department of Engineering and Public Works TO THE VILLAGE: Village Manager Village of North Palm Beach 501 U.S. Highway 1 -11- Post fltxilc~ Eox 2 I L~9 'North Pahl Beach, FL 33408 West Palm Beach, FL 33416-1229 23. Complaints. Each party will promptly notify the other of any citizen complaint, claim, suit or cause of action threatened or commenced against it which arises out of or relates, in any manner, to the performance of this Agreement. 24. rioverning Law and Venue. This Agreement shall be construed and governed by the laws of the State of Florida. Any and all legal action necessary to enforce this Agreement shall be held in Palm Beach County. 25. Attorney's Fees. Any costs or expenses (including reasonable attorney's fees) associated with the enforcement of the terms and conditions of this Agreement shall be borne by the respective parties; provided, however, that this clause pertains only to the parties to this Agreement. 26. Time of the Essence. The parties expressly agree that time is of the essence in this Agreement and the failure by a party to complete performance within the time specified, or within a reasonable time if no time is specified herein, shall, at the option of the other party without liability, in addition to any other rights or remedies, relieve the other party of any obligation to accept such performance. 27. Remedies Cumulative. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every remedy shall be cumulative and shall be in adr~;4;nv~ 4n n•~nr•~ nt}•nr remvdt) ,rilJPn here,rnr~Pr nr now pr }t P,TP_.~f~'.P_.r eXl$t.1T1Q' 8t IaW Or In e0ll1tV Or uuivaa w v•va~ v~iava > ~.. .... " by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy shall preclude any other or fi.:rthPr Pxerc;ce thereof -12- 7 7 X10'7 1 1... 4 ~ ~~ 4 n 2$. Public Entit•~Crimes. As pro~:dee in Fonda Stat~~te ~-o f. X33, qty zn~erng ~n~o ~ht, Agreement or performing any work in furtherance hereof, the VLT,LAGE certifies that its affiliates, suppliers, subcontractors, and consultants who perform work hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within thirty-six (36) months immediately preceding the date hereof. 29. Amendment. Except as expressly permitted herein. to the contrary, no modification, amendment, or alteration in the terms and conditions contained herein shall be effective unless contained in a written document executed with the carne fornalit-y and equality of dign:ry~ herewith. 30. Construction of the Agreement. The preparation of this Agreement has been a joint effort of the parties, and the resulting document shall not solely, as a matter of judicial restraint, be construed more severely against one of the parties than the other. 31. Entirety of the A~eement. This Agreement represents the entire understanding between the parties, and supersedes all other negotiations, representations, or agreements, either written or oral, relating to this Agreement. 32. Waiver. No waiver of any provision of this Agreement shall be effective against any party hereto unless it is in writing and signed by the party waiving such provision. A written waiver shall only be effective as to the specific instance for which it is obtained and shall not be deemed a continuing or future waiver. Z2. uea~i.*:,slC ~i~nc. The naptinnc and cPr_.tinn designations set forth herein are for convenience only and shall have no substantive meaning. 3a. lncr,~,-pnrarinn }o~uPfPrencP. Exhibits attached hereto and referenced herein shall be -13- deemed to be incorporated in this Agreement by such reference. 35. Recorded Conv. A copy of this Agreement shall be filed with the Clerk of the Circuit Court in and for Palm Beach County, Florida. 36. Termination of Prior Agreement. AGREEMENT 1 is hereby terminated and replaced in its entirety by this Agreement. 3'. Effective Date. This Agreement shall take effect upon execution and the effective date shall be the date of execution. {Remainder of page intentionally left blank. } -14- IN WITNESS WHERE~r, the parties have caused this Agreement to be executed on the date written above. ATTEST: VII_LAGE OF NORTH PALM BEACH, __ ~ ~ BAY ITS L ;J, ; i _ ~ r/ i ~ ~~' -~~ t,/~Y ~By. ~~zl~,~>P Clerk ;'I or l ..D., U 4 /~ Typed or Printed Name Ft200~4 0303 ATTEST: PALM BEACH COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COMNIISSIONERS DOROTHY H. W~~1,_`(L~~ d U, Y ;~ C t`( By: ~ ~• ,;perk •• ~_ Dep ~ • C., ...... •-•~a- APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: Assistant ty Attorney ,~ ~- ~~~~~ y: r~~ Chair FEB 2 ~ 2004 -15- A~wd u tv Ternu nerd CbO~tiot~ p~~ ~ 1 a"7' EXHIBIT "A" PROSPERITY FARMS RCiAD ESTIMATE Item No. Item DeSCrlptlOn Beautification Beautification & Safety Improvements Unit Quantity Unit Cost Total Cost Quantity Unit Cost Total Cost 1 Mobilization S% LS 1 $55,000.00 $55,000.00 1 $60,000.00 $60,000.00 2 Maintenance of Traffic 4% LS 1 $28,000.00 $28,000.00 1 $30,000.00 $30,000.00 3 Clearin & Grubbin Acre 8 $5,000.00 $40,000.00 8 $5,000.00 $40,000.00 4 Curb 8 Gutter Roadway) LF 16,500 $10.00 $165,000.00 16,500 $10.00 $165,000.00 5 Curb 8 Gutter Side Street LF 2,000 $10.00 $20,000.00 2,000 $10.00 $20,000.00 6 Curb median LF 0 $10.00 $0.00 954 $10.00 $9,540.00 7 _ Draina a Flumes ~ EA 40 $1,000.00 $40,000.00 40 $1,000.00 $40,000.00 _ 8 Remove Asphalt from medians SY 0 $4.00 $0.00 488 $4.00 $1,952.00 9 Add soil to medians CY 0 $5.00 $0.00 140 $5.00 $700.00 10 Add soil to swales CY 7,400 $5.00 $37,000.00 7,400 $5.00 $37,000.00 _ 11 Reset signs EA 10 $100.00 $1,000.00 10 $100.00 $1,000.00 _ 12 Pavement Markings Y LF 0 $1.00 $0.00 14,000 $1.00 $14,000.00 _ 13 _ Trees median ~ EA 0 $1,000.00 $0.00 16 $1,000.00 $16,000.00 14 _ Trees swales EA 140 $600.00 $84,000.00 140 $600.00 $84,000.00 _ 15 Sod includin water/fertilizer SY 14,000 $4.00 $56,000.00 14,500 $4.00 $58,000.00 16 Irrigation swales LF 17,000 $15.00 $255,000.00 17,000 $15.00 $255,000.00 17 Irri ation medians LF 0 $25.00 $0.00 600 $25.00 $15,000.00 _ 18 Miscellaneous Iterns (10%~ LS 1 $70,000.00 $70,000.00 1 $75,000.00 $75 000.00 Subtotal $851,000.00 L $922,192.00 19 En ineerin 10°k _ $85,000.00 $92,000.00 20 Surve $25,000.00 $25,000.00 21 Construction Inspection 5% ~ $42,000.00 $46,000.00 22 Contingency (10%) $100,000.00 $108,000 00 _ TOTAL $1,103,000.00 $1,193,192.00 Council approved Beautification 8 Safety option with the stipulation that swale irrigation be eliminated and that safety median improvements be an alternate in the bid. The medians may or may not be constructed based on the bids received. DATE: May 21, 2003 Revised A. ' 13, 2003 Rough Estimate for AD~ ~rnmittee