R97-029RESOLUTION NO. R97-~%
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING AND DIRECTING THE MAYOR AND
CITY CLERK TO EXECUTE ADDENDUM NO. 1 TO
THE AGREEMENT BETWEEN THE CITY OF BOYNTON
BEACH AND THE TOWN OF OCEAN RIDGE,
PROVIDING FOR THE INSTALLATION OF A
SUBAQUEOUS WATER MAIN BETWEEN THE TOWN OF
OCEAN RIDGE AND THE CITY OF BOYNTON BEACH
WATER DISTRIBUTION SYSTEMS; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, on November 5, 1990, the City of Boynton Beach
and the Town of Ocean Ridge entered into a Franchise
Agreement, for the provision of potable water service, for a
thirty year term; and
WHEREAS, the City and Town are desirous of amending said
Agreement to provide for the installation of a subaqueous
water main;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The City Commission of the City of Boynton
Beach, Florida does hereby authorize and direct the Mayor and
City Clerk to execute Addendum No. 1 to the Agreement between
the~ City of Boynton Beach and the Town of Ocean Ridge, which
Addendum is attached hereto as Exhibit "A" and made a part
hereof.
Section 2. This Resolution shall become effective
immediately upon passage.
PASSED AND ADOPTED this /8 . day of February, 1997.
CITY ,OF BOYNTON B~CH, FLORIDA
~o~i~sio~~
c~ c -
2/10/97
ADDENDUM NO. 1 TO AGREEMENT BETWEEN CITY OF BOYNTON BEACH AND
TOWN OF OCEAN RIDGE~ DATED NOVEMBER 5, 1990
THIS ADDENDUM, dated the day of February, 1997, is entered into
between the CITY OF BOYNTON BEACH, hereinafter referred to as" City", and THE
TOWN OF OCEAN RIDGE, hereinafter referred to as 'q'own", in consideration of the
mutual benefits, terms, and conditions hereinafter specified, and shall constitute part of
the Agreement for Services between the City and Town, dated November 16, 1990.
WHEREAS, the 'TOWN OF OCEAN RIDGE, ("Town") desires to install a
subaqueous water main for the purpose of improving water service and fire-flow to the
Town; and
WHEREAS, the Town desires to use High Density Polyethylene (HDPE) Pipe for
said water main; and
WHEREAS, HDPE pipe does meet or exceed American Water Works Assoc.
Standard C906-90, but does not meet the criteria for subaqueous crossings established
by the City; and
WHEREAS, the Town is willing to assume the full additional responsibility for
maintaining and/or replacing said water main.
THEREFORE, BOTH PARTIES AGREE AS FOLLOWS: To allow the
installation of a subaqueous water main between the Town of Ocean Ridge and the
City of Boynton Beach ("City") water distribution systems, with the following conditions
and understandings:
1. The foregoing recitals are true and correct and are incorporated herein as if
fully set forth;
2. The water main and all appurtenances shall be constructed by the Town, at
the sole expense of the Town;
The City shall be responsible for the monthlY reading and regular
maintenance of the water meters to be installed at both ends of the
subaqueous water main, and also for notifying the Town in the event of any
discrepancy in usage between the two meters exceeding the manufacturer's
allowable error. Water loss above this error shall be the billed to the Town
after it has been determined that an actual water loss is occurring;
4. The City shall maintain the water meters, with all maintenance costs for the
meters being borne by the Town as stipulated in the Agreement;
The Town shall be responsible for the maintenance, repair and replacement
of the water main, without recourse to the City, unless the defect is
determined to be due to the negligence of the City;
o
In the event the main, or the water transmitted through the main, becomes
contaminated due to contaminants permeating the HDPE, then the main shall
be removed from service until remedial action acceptable to both parties may
be accomplished. Contamination shall be defined as the physical, or
chemical intrusion into the main of any substance in sufficient amounts to
exceed maximum contaminant levels established by responsible regulatory
agencies,, or create sustained offensive odors.
The City's representative during the course of the project shall be Pete
Mazzella, Assistant Director of Utilities, telephone number (561) 375-6404.
The Town's representative during the course of the project shall be
, telephone number
(561)
o
The rights and duties arising under this Addendum shall inure to the benefit
of and be binding upon the parties hereto and their respective successors
and assigns. The TOWN may not assign this Addendum to the lnterlocal
Agreement nor any interest hereunder without the express prior written
consent of the CITY.
9. The term of this Addendum shall be in accord with that provided in the
Interlocal Agreement between the parties dated November 16, 1990.
10.
This addendum shall be governed by the .laws of the State of Florida. Any
and all legal action necessary to enforce the Interiocal Agreement shall be in
Palm Beach County, Florida.
11.
Certificate of Insurance. Prior to commencement of construction, the Town
shall provide a Certificate of Insurance evidencing insurance coverage as
required herein. All insurance to be maintained by the Town shall specifically
include the City as an "Additional Insured" and shall also provide that no
material change or cancellation of the insurance shall be effective without
thirty (30) days prior written notice to City's representative.
12. Any notice given pursuant to this Addendum to Interlocal Agreement shall be
in writing and hand-delivered or sent via Certified Mail, Return Receipt
Requested. All notices shall be addressed to the following:
· Ocean Ridge Addendum 2
Revised 2/6/97
As to the City:
City Manager
City of Boynton Beach
100 East Boynton Beach Boulevard
Boynton Beach, Florida 33425-0310
As to the Town:
Town Manager
Town of Ocean Ridge
.Ocean Ridge, Florida __
13. Within tl~e extent permitted by law, the Town shall indemnify and hold City
harmless from and against any and all loss, suit, action, legal or
administrative proceeding, claim, demand, or damage, liability, interest,
attorney's fee, cost and/or expense of whatsoever kind or nature arising in
any manner dire~ly or indirectly related to the performance of this Interlocal
Agreement Addendum. However, the Town does not indemnify the City from
and against any and all loss, suit, action, legal or administrative proceeding,
claim, demand, damage, liability, interest, attorney's fee, cost and/or expense
due to City's negligence or willful misconduct. The liability limits set forth in
Section 768.28, Florida Statutes, shall not be waived.
14.
Each person signing this Addendum on behalf of either party individually
warrants that he or she has full legal power to execute this Addendum on
behalf of the party for whom he or she is signing, and to bind and obligate
such party with respect to all provisions contained in this Addendum.
IN WITNESS OF THE FOREGOING, the parties have set their hands and seals
this ~'~ day of February, 1997.
CITY OF BOYNTON BEACH
Attest
City ~,!erk
Cit~yAff~c~~APPROVED AS,T~~FOR~
STATE OF FLORIDA
Ocean Ridge Addendum
' ~ised 2/6/97
02
~DDENDUM NO, 1 TOA,GtREEMENT BETWEEN CITY OF BOYNTON BEA.CH AND
TO ,W..~r,,r..OF OCEAN RIDGE~ DATED NOVEMBER 5, 1990
THIS ADDENDUM. dated the day of February, 't997, is entered into
I~etween t~e CiTY OF BOYNTON BEACH, hereinafter referre~l to as" City", and THE
TOWN OF OCEAN RIDGE, hereinafter referred to as "Town", in consideration of the
mutual benefits, terms, and conditions herainefter specified, and shall c. anstitute part of
the Agreement for Sm'vices between the City and Town, dated November 16, 1990.
WHEREAS. ~h'e. TOWN OF CCEAN RIDGE, ("T~") C~,~irs~3 to. iastat{ a
subaqueous water main'for the purpose of improving water service and fire~fiow to the
Town; and
WHEREA~I= the .Town desires to use High Density Polyethylene (HDPE) Pipe
said water main; aaa
WHEREAS, HDPE pfpe does meet or exceed American Water Works Assoc.
Standard Cg0S-G0, but does not meal. the oriterie for =ubequeous oro=sings established
by the City; and
WHEREAS, the Town is willing to assume the full additional responsibility for
m~intainJng andtor replacing said water main.
THEREFORE, BOTH PARTIES AGREE A~i FOLLOW~: TO allow the
installation of a subaqueous water main between the Town of Ocean Ridge and the
City of Boynton Beach ("City~). water distribution systems, with the following conditions
and understandings:
The foreg°ing recltats are true and correct ancl are incorpor'atect herein as Jf
fully set forth;
2, The water main and aH appurtenances shali be c, onetruoted by the Town,
the sole .expense of the Town;
The City shatl be responsible for the monthiy reading and regular
maintenance of the wafer meters to be instaiied at both ends of the
sub=ctueou~ 'water main, and also for notifying the Town in the event of any'
discrepancy in usage between the two meters exceeding the manufacturer's
allowable error. Water loss above this error shall be the billed to the Town
after it has been determined that an actual water loss is occurring;
4. The City shall maintain the water meters, with al! maintenance costs for the
40?-737-8359 TOWN OF OCEAN RIDGE PAGE 03
meters being borne by the Town as stipulated in the Agreement;
The ToWn shatt be responsible for ~e maintenance, repair and replacement
of the water main, without recourse to the City, unless the defect is
determined to be due to the negligence of [he City;
in the s, vent the main, or the water transmitted through the main, becomes
contaminated due to contaminants permea~.lng me HDPE, ti3en ti~e main shall
be removed from service until remedial action acceptable to both parties may
be accomplished. Contamination -.hail be defined as the physical, or
chemica! intrusion into the main of any substance in sufficient amounts to
exceed maximum contaminant levels established by responsible regulatory
The City's representative during the course of the project shall be Pete
Mazz. ell~., Assistant Director of Utilities, telephone number (56't) 375-~404.
The Town's. representative during the course of the project shall be
C~ry Lanker
~., telephone nurnDer
The rights and duties arising u~cler this Addendum shall inure to the benefit
of and be birlding upon the parties hereto and their respective success~r~
and assigns. The TOWN may not assign tills Aclclenclum to the Interlocai
Agreement nor any interest hereunder without the express prior written
consent of the CITY.
The term of this Addendum shall be in a~c~rd with that provided in the
lnteriocal Agreement between the parties elated November 16, 1990.
!0,
This addendum shall be governed by the laws of the State ~ Florida. Any
and aJ! lega~ action necessary to enforce the intorio~.al Agreement shall be in
Palm 8each County, Florida.
11. Certificate of Insurance. Prior to commencement of construction, the Town
shall provide a Certificate of Insurance evidencing insurance coverage as
required herein. All insurance to be maintained by the Town shelf specificail3,
include the City as an 'Aclditic~nai Insured" and shall ais~ provide Nat no
material ct~ange or cancellation of tl3e insurance shall be effective without
thirty (30) days prior written notice to City's representative.
'12. Ar~y notice given pursuant to this Addendum to Interic~ai Agreement shalt be
in writing and hand--deliYered or sent via Certified Mail, Return Receipt
Requested. Ail notices shall be addressed to the following:
Oceaa Rid. ge Addeadum 2
Revised 216t97
85/28/'1997 16:26 487-737-8359 TOWN OF OCEAN RID6E PA6E 84
As to the City:
City Manager
City of Boynton Beacl'~
100 East Boynton Beach Boulevard
Boynton Beach, Fladda 3342543310
As to the Town:
Town Manager
Town of Ocean Ridge
6450 N. Ocean Blvd.
.Ocean Ridge, Florida 334 35'
13. Within ti-ia extent permftted by law,' the Town shall indemnify and hold City
harmless from and against any and afl loss, suit, action, legal or
administrative proceeding, claim, demand, or damage, liability, intere~,
attorney's fee, ~:x~t and/or expense of whatsoever kind or nature arising in
any manner directty or Indirectly relatecl to tl~ performance of this interlocal
Agreement Addendum. However, the Town does not indemnify the City from
and against any and ali loss, suit, action, legal or administrative proceeding,
claim, demand, damage, liability, interest, attorney's fee, cost and/or expense
due to City's negligence or willful misconduct. The liability limits set forth in
Section 768.28, Florlcla 8tatutes, sllall not be waived.
t4. Each person signing this Addendum on behalf of either party individually
warrants that he or she has full legal power to execu~ this Addendum on
behalf of the Party for whom he or she is signing, and to bind and obligate
such party with respect to all provisions contained in this Addendum.
1N WITNESS OF THE FOREGOING, the parties have set their hands and seals
this/z~ day of February, 1997.
Mayor
Attest:
APPROVED AS TO FORM;
City Attorney '
,STATE Of FLORIDA
Ocean Ri~e Ad~u~lum
16:96 40?-?3?-8359 TOWN OF OCEAN RIDGE PAGE 05
COUNTY OF PALM BEACH
BEFORE ME, an officer duly authorized by law to administer oaths and take
acknowledgments, personally ~ppearedcoro~la ~.=..-~o=, and acknowledged he/she
executed the foregoing Addendum for the use er~d purposes mentioned in it, and that
the instrument is his/her eot and deed.
IN WITNESS OF THE FOREGOING, I r~ave set my hand
at in .the State and County aforesaid on this 20t::-day of ~ 1997.
and official seal
TO FORM:
Ocean Ridge ~c~du~
Rewis~d 2/6/97
16:26 487-737-8359 TOWN OF OCEAN RZDGE PAGE 86
~TATE OF FLORIDA
COUNTY OF PALM BEACH
BEFORE ME, an officer duly authorized by law to administer oaths and take
acknowledgments, personally appeared 6eoz~ S~:~r,oa, and a~=knowledged he/she
executed the foregoing Addendum for,the use and purposes mentioned in It, and ~at
the instrument is his/her act and deed.
IN WITNESS .OF THE FOREGOING, I have sat my hand and official seal
at in the 3tat_~ and County ~aforesaid on this ~ day of ~-/~¢.~.~-./,_~1997.
NOTARY PUB~'IC '
Oceart i~d~e A~l,~t,u.~ 5
P, evi~ 2.,/6/97
.TLIN-2B-19c_I? i~,'-47 PALM ]~EACH COUNTY 41~? -455 2711 P.Bi/B?
PALM BEACH COUNTY TRAFFIC DIVISION UPDATE OF
ROAD AND BRIDGE CONSTRUCTION
DA_ _T_E ~F I~i,~UE: JUNE
STATUS FOR JUNE 23. THROUGH JUNE 29, t997
LOCATION:
DESCRIPTION:
RF-STRICTION$:
~.~e_Nodh and_Congress Avenue
(Palm Springs)
Intersection Improvements
Lane closures will QGGur between the hours of
$:00 A.M. and 4:00 P.M., Monday through Friday
due to milling and overbuilding of the
intersection_ EXPECT HF_A,_VY DELAY~ AND
SEI;K ALTERNATE ROUTES.
°2. LOCATION:
DESCRIPTION:
RESTRICTIONS:
Bl_u_~._Ueron l~ulevard, from L95 to Avenue
(City of Riviera Beach)
Consttu~ion of a 6 l~ne d~,,ided roeo~ray from the
existing 4 lene mad. Construction of a new bridge at
Garden Road is included.
Tra~o has been switched to the new roadway
and bridge between Garden Road and Avenue
'S".. There will slall be no ie!t tarn permitted for
westbound to southbound traffic on Blue Heron
Baulevard at Garden Road.
LOCATION;
DESCRIPTION: "'-
RESTRICTIONS:
~ from Bol!es Canal Road to $.R. 80
(City of Bel{e Glade)
I~ebuilding of the roadway
CB2?A is closed to all' traffic. Traffic is detoureci
via S.R. 80, U.S. 27 and Bolies Canal Road.
]'UN-2~-lgg'7 16:IA PALM ]~EA£H COUNTy 4G9 ]~SS 2911
4. LOCATION:
DESCRIPTION:
RESTRICTIONS:
D_o_0ald Ross Road.. from Prosperity Farms Road to
US #1.
(Town of Juno Beaoh)
Construction of a 4-lane divided roadway from
existing 2-lane roadway, Removal of old bridge end
oonstrucfior~ of new bridge over the Intracoas~al
Waterway.
Periodic lane closures due to tnuek= erff. ering the
highuray.
*5. LOCATION:
DESCRIPTION:
RESTRICTIONS:
Flavor. Pi~ ~ from Military Trail to the E-3 Canal
arid ,~d from Mir~ry Trail east
approximately 1000 feet.
(west of Deiray)
Construction of 2 Iane paved roa~f fr~m existing dirt
road.
Minor delays due to trucks entering highway.
'6. LOCATION-
DIE$CRIPT~ON;
RESTRICTIONS:
Fp_~som Roed/Cre_s_t~..og_d Bird from S.R.
Okeechobee Bird, and the intetseu--tion of
Forest Hill
(Village of Wellington)
(Village of Royal Palm Bench)
80 ~
Construction of exi~ing 2 lane Foisom road from dirt
to a 2 lane pavea road. Re-construction of
Cmstwood Bird to atign with the intersection ef
Forest Hill Rival at SR 80, Widening of the bridge on
Forest Hill t~ivd, south of $.R. 80,
Northbound Forest Hill Blvd. lanes have been
adjusted.
IUN-20-1997 16:]~ PALM BEACW COUNTY 409 ]SS 2?ii P.O]/~?
*7. LOCATION:
DE~SCRIPTION:
RES;TRICTION$:
.~ from Military Trail to Congas= Ave,
(Boynton Beaoh)
FUTURE PROJECT - Construction of 6 lane divided
roadway from the existing 2 iane road,
Mo~,t ~ the conatr~ctiOn will be to the south of
the existing r~adway. The only clelays should be
~aused by trucks entering the highway.
8. LOCATION:
DESCRIPTION:
RESTRICTIONS:
9. LOCATION:
[0.diantown Road ftorn t30th Avenue North to the
Florida Turnpike
(Town of Jupiter)
Construction c~4-1ane divided roadway from existing
2-lane~ roadway.
Two way traffic is now on the new roadway from
the Florida Turnpike to 103rd Terrace. Please
dr~ve with caution and watch for pavement
marking and signing changem.
DF.~CRIPTiON:
RF--~TR1CTtONS:
J_oe Road, from Boynton BeaCh Blvd. to Hypoiuxo
Road
(west of t~ynto~ ~a~h)
Construction of 6-tane divided Highway from existing
2-1~r~e roadway,.
Ali traffie has been ~witehed ~o the new roadway,
3
3UN-2~-1997 16:]9
PALM BEACH COUNTY
'10, LOCATION:
DESCRIPTION:
RESTRICTIONS:
~ from Clint Moore Road to Linton Rbd,
(weSt of Delray)
Con~-truction of a 6-1ane divided roadway from the
existing 2 lane road.
Periodic lane =loaures due to truek~ entering
r~adway,
11. LOCATION:
DESCRIPTION:
RESTR/CTION$:
~ from Colbright lad ~o Jog Rd,
(west of Larrtana)
Construction of 6-lane divided highway from existing
2-lane road.
Two way traffic has been switched to the new
roadway,
12. LOCATION
DE$CEIPTION:
RESTR!C13ONS:
'LA0.tana Rc~d
(west of Lentane)
Intersection impmvernents and const~u~on of new
bridge.
Periodic lane ~lo=ures only between the hoUrs of
9:00 A,M, to 4:00 P.M. Monday through Friday.
LOCATION:
DESCRIPTION:
RESTRICTIoNs:
[_:9_C_b_a~t Blvd. at Christa McAuliffe School
(Boynton Beach)
Intersection ;mprovements
Periodic lane closu~-es.
4
PALM ~EACH COUNTY
LOCATION:
DESCRIPTION:
~E~T~ICTtONS:
~ 'from C/iht MOore Road to West Atlantic
Ave,
(Bmca Raton & Delmy)
FUTURE PROJECT - Construction of a $ lane
d;vided roadway }'rom the exJstJn~ 4 Lane.
Pedocli¢ Jane closures only between the
9:00 A. lil, to 4:00 P.M. hours of
LOCATION;
DESCRIPTION:
RESTRICTIONS:
LOCATION:
DESCRIPTION:
RESTRICTIONS..
The bridge will be closed to all pedestrian and
vehicle truffle from g:00 A.M. on June 3, 1997, to
6:00 P.M. on June 30, 1997, Traffic will be
detoured via U.S. ~t 1, Spanish River ialvd and A-
5
ZUN-2B-199~ i6=~9 PAL~ ~EACH CBUNT¥ 40? ~55
'17. LOCATION:
DESCRIPTION:
RESTRICTIONS:
Ro._val Palm J~afh Bouteyard from Persimmon
Boulevard to Orange Grove Boulevarci
(The Acreage)
Construction of existing 2 Jane road to a 5 lane
roadway.
All lanes are open to traffic. However, periodic
lane closures may occur during final etagea of
construction.
'18. LOCATION:
DESCRIPTION:
RESTRICTION5:
~ from N.W. 13th Street
Beach Blvd. (Boynton ~e~ch)
Milling and ~'~urfacin§,
Periodic lane closures,
't9. LOCATION:
DESCRIPTION:
RESTRICTIONS:
Sou_th Shore Blvd.. from Greenview Shores Btvd to
Big Blue Trace
(Village of Wellington)
Construction of 4 lane divided roadway from existing
Z lane road.
Traffic will namain on existing 2 lanes for some
time. The only d~lays should be causect by
trucks entering the highway.
]rUN-20-i999 i6:40 PALM 'REACH COUNTY 409 ]55 2711
'20. LOCATION:
DESCRIPTION:
RESTRICTIONS;
West_aate Avenue from Military Trail to Congress
Avenue
(West of West Palm Beach}
Construction of 5-lane highway from existing 2qane
road.
Traffic has been switr,,hed to a new temporary
[~oadway th~o~lgh the constru¢~on area,
LOCATION:
DESCRIPTION:
RE,~iTR. iCTION~i:
_W..._oolbrioht Ro~_.d from Congress Ave. to I-g5
(City of Boynton Beach)
Construction of a 6-lane divided roadway from
existing 4-t~ne road.
Periodic lane closures during off peak hours,
* Jobs with aste~mk have been added or changed =in=e the lest
update,
EGM~pbcr&bcu
TOTAL P.O?
IN WITNESS WHEREOF, the parties have executed this Agreement, under seal, the day and year first
..... zbove written.
~TTEST:
AEROTEK DA~A~RVIC~OUP
By: t~~~
/
(Title)
(SEAL)
Client
(~arne) ,~
/
(SEAL)
CITY AT'r~RNEY
Aerotek Services Agreement
f/root/usc~djs/offl~s c~ices.ag