R96-100RESOLUTION NO. R96--/,~
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE A JOINT PROJECT AGREEMENT
BETWEEN THE CITY OF BOYNTON BEACH,
FLORIDA AND THE STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION, DIVISION OF
PRECONSTRUCTION & DESIGN FOR JOINT
PROJECT PARTICIPATION FOR THE RESURFACING
PROJECT AT SR5 (FEDERAL HIGHWAY); AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the State Department of Transportation is resurfacing and making
improvements to SR5 (Federal Highway) from the Delray border north to the Boynton
Canal, which project involves milling the road, resurfacing, moving driveways, installing
new mast arms for traffic signals and other improvements; and
WHEREAS, the City Commission, upon recommendation of staff, deems it to be
in the best interests of the citizens and residents of the City of Boynton Beach to enter
into a joint participation agreement with the State of Florida, Department of
Transportation for the adjustment of all valve boxes and manhole covers during milling
and again at resurfacing, at a total cost of $29,112.00.
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, does hereby
authorize and direct the Mayor and City Clerk to execute an Agreement between the
City of Boynton Beach and the State of Florida Department of Transportation, Division
of Preconstruction & Design for joint project participation on the resurfacing project at
SR5 (Federal Highway), a copy of said Agreement being attached hereto as Exhibit
Section 2.
passage.
That this Resolution shall become effective immediately upon
PASSED AND ADOPTED this ,/~/ day of July, 1996.
ATTEST:
CITY OF BOYNTON BEACH, FLORIDA
Commissioner
~----~--~C°mmissi°ner ~
/~ Commissioner
/
'=AGE 1 of 3
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
DIVISION OF PRECONSTRUCTION & DESIGN
JOINT PROJECT AGREEMENT
CONSTRUCTION MODIFICATICN
(PRIVATE UTILITY)
COUNTY SECTION I UTILITY JOB # I STATE ROAD # COUNTY NAME PARCEL & R/W JOB J.
93 010 6505 5 PALM BEACH N/A
THIS AGREEMENT, 'made and entered into this day of
19 , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter
raferred to as the DEPARTMENT, and , a corporation organized and existing
'under the laWs of Florida , with its principal plans of business in the City of
....; County of, State ofFlorida
herainafter called the COMPANY. '
WITNESSETH:
WHEREAS, THE DEPARTMENT is constructing, ~econstructing, or. other_~is, e~ c~h,.a~n, ging a portion of
the State Highway System, designated by the-DEPARTMENT as Job No. 9°ulu-oSu?on Road No. 5
twsen Bond Way and the 8oynton Canal which shall call for the adjustment, change
of certain facilities and/or utilities owned by the COMPANY (whether within the corporate
limits thereof or not) and located within the right of 'way of said highway,
...... AND WHEREAS, the proposed said construction, as above described, has been reviewed by the
D! kRTMENT and the COMPANY and said above described adjustment, change or relocation work
he~ halter be designated as "Utility Work,"
AND WHEREAS, the COMPANY has expressed its desire to assume ail costs incurred by this
"Utility Work,"
AND WHEREAS, the COMPANY has requested the DEPARTMENT to include in said Job certain
plans and specifications to meet the COMPANY's needs,
AND WHEREAS, the DEPARTMENT and the COMPANY have determined that it would be to the
best interest of the general public and to the economic advantage of both parties to enter into a JOINT
PROJECT providing for such "Utility Work,"
NOW, THEREFORE. the premises corisidered, and in consideration of the sum of One Dollar each to
the other in hand .paid, the receipt whereof is hereby acknowledged, and in further consideration of the
mutual covenants hereinafter contained, it is agreed by the parties as follows:
1. The DEPARTMENT and the COMPANY shall participate in a JOINT PROJECT, the scope of
which, will. cover only. COMPANY utility facilities within the limits of the projec', as included in the. plans
and estimate 3f the hmghway contract, more specifically described as non-reimbursable manhole fram~
and cover adjustment, s,
~ Fg~M 723-25B
09/87
"~,GE 2 of :3
2. All of the work on the JOINT PROJECT is to be done according to the plans and
si :~fications of the DEPARTMENT which plans and specifications are, by reference hereto, made a part
hereof. The COMPANY will be responsible for verifying the accuracy of the DEPARTMENT's
underground survey information, and will also be responsible for any changes to the COMPANY's plans
made necessary by errors or omissions in the DEPARTMENT's survey information as furnished to the
COMPANY. All errors, omissions, or changes in the design of the COMPANY's 'Utility Work,' will be the
sole responsibility of the COMPANY. in any conflict between COMPANY and DEPARTMENT
specifications, the DEPARTMENT's' specifications will govern.
3. All adjustments, relocations, repairs and incidentals required to be performed to the existing
COMPANY utilities within this project, not included in this contract, will be the sole responsibility of the
C:OMPANY. All such work is to be coordinated with the construction of this project and in a manner
that will not cause delay to the highway contractor.
4. All services ~nd work under the construction contract shall be performed to the satisfaction
Of :the DEPARTMENT's Director, Division. of Construction, and he shall decide ail questions, difficulties
wand disputes, of whatever nature, which may arise under or by reason of such contract for "Utility
or[<, the prosecution and fulfillment of the services thereunder, and the character, quality, amount and
valUe thereof; and his decision upon all claims, questions and disputes thereunder shall be final and
conclusive upon the parties hereto..
5. The COMPANY agrees that it will, at least thirzy (30) days prior to the DEPARTMENT's
~rtising the project for bid, furnish the DEPARTMENT an advance deposit estimate of $ 'f
~c ull payment of the project cost for proiect( $29,[:t2.00 }. Said deposit should be the total
estimated project cost plus allowances (. 5,% Mobi]izal:~on, [5~ cons'c, managemenl: ). If t~he
acceloted bid amount plus allowances is in excess Of the deposit amount, the COMPANY will provide an
additional deposit within fourteen (14} calendar days or prior to posting the bid, whichever is earlier, so
that the total deposit is equal to the bid amount plus allowances. The Department may utitize this
deposit for payment of the project (,. ). Both parties further agree that in the event final
billing pursuant to the terms of this agreement is less than the advance deposit, a refund of an excess
will be made by the Department to the COMPANY; and that in the event said final billing is greater than
the advance deposit, the COMPANY will pay the additional amount within 40 days from date of the
invoice.
6. Upon completion and acceptance of the work, the COMPANY shall own, control, maintain
and be responsible for all COMPANY utility facilities involved, according to the terms of the standard
permit required by the State Statutes for occupancy of public rights of way. The COMPANY further
agrees that it will maintain and keep in repair, cr cause to be maintained and kept in repair, ali of such
cormtructed -facilities or utilities within the right of way of said State Road, to comply with all proVisions
of law and of the DEPARTMENT's manuel with amendments and specifications for
traffic control routing and parking and to conform with the regulaticns of the DEPARTMENT pertaining
thereto.
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09/87
~AGE 3 of 3
7. The COMPANY shall defend, save and hold harmless the DEPARTMENT from any and all
,~gai actions, claims or demands by any person or legal entity against the DEPARTMENT arising out of
the participation of this Agreement by the COMPANY, or use by the COMPANY, of the completed
"Utility Work."
8. .Upon completion of the work, the DEPARTMENT shall, within one hundred eighty (180} days
furnish the COMPANY With two {2) copies of its final and complete billing of all cost incurred in
connection with the work performed hereunder, such statement to follow as closely as possible the
· order of the items contained 'in the job estimate. The final billing shall show the description and site of
the project; the date on which the first work was performed; the date on which the earliest item of billed
expense was incurred; the date on which the last work was performed or the last item of billed expense
was incurred; end the location where the records and accounts bill can be audited. Adequate reference
shall be made in' the billing to the DEPARTMENT's records, accounts or other relevant documents.- All
cost records and accounts shall be subject to audit by a representative of the C. OMPANY v~ithin three (3)
years after final billing b~ the DEPARTMENT to the'PARTICIPANT. Upon receipt of invoices prepared in
accordance with provisions set forth in the FLORIDA DEPARTMENT OF TRANSPORTATION General
iAudit Manual and any supplements or revisions, etc., the COMPANY-agrees to reimburse the
DEPARTMENT in the amount of such actual cost.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by their
duly authorized officers, and their official seals hereto affixed, the day and year first above written.
JTATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
BY: (SEAL)
District Secretary
ATTEST:
Executive Secretary
COMPANY: cit~y of Boynton Beach
Title:
(SEAL)
ApProved as to Form, Legality, and Execution
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
~ ~.~y:
Assistant Attorney