R90-183RESOLUTION NO. ~90-1~
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING AND DIRECTING THE MAYOR AND
CITY CLERK TO EXECUTE A CERTAIN
UTILITIES AGREEMENT BETWEEN THE CITY OF
BOYNTON BEACH AND THE STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION FOR THE
RELOCATION OF A 20' SECTION OF EXISTING
24" RAW WATER MAIN IN THE CITY'S
PROPOSED ~EST WELLFIELD; A COPY OF
SAID UTILITIES AGREEMENT BEING ATTACHED
HERETO AS 'EXHIBIT "A"; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the State of Florida Department of
Transportation is constructing, reconstructing or otherwise
changing a portion of the State Highway System designed by
the Department as Job No. 97931-6347, Road No. 804 between
Jog Road and Military Trail, which shall call for the
relocation of the City's facilities along, over and/or under
said highway; and
WHEREAS, it has been deemed by the City Commission of
the City of Boynton Beach, Florida to be in the best
interests of the citizens and residents of said City to
snter into this Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF BOI~NTON BEACH, FLORIDA THAT:
Section 1. The Mayor and City Clerk are hereby
authorized and directed to execute a certain Utilities
Agreement between the City of Boynton Beach, Florida and
The State of Florida Department of Transportation said
Agreement being attached hereto as Exhibit "A".
Section 2. This Resolution
immediately upon passage.
shall take effect
PASSED AND ADOPTED this ~ day/~f November, 1990.
C~missioner
ATTEST:
e~mmiss~ner ~
( CorpDrate- ~eal )
UIILI I Y RELOCATION AGIIEEMENr
REIMBURSABLE - MUNICIPAL
TIIIS AGREEMENT, made and entered into this da'.' of
19R . by and between the STATE OF FLORII)A I)EPART,MENT OF TRANSPOITATION
referred to as the DEPARTMENT, and the CITY of P~.v6~-r,~ ~ac'h
a municip;d corporation, hereinafter referred to as thc CITY,
WITNESSETII:
WtIEREAS. thc DEPARTMENT is constructing, rcconstrt~cting or otherwise changing a portion
of the State }lighway System designated bv the DEPARTMENT as Job No.. 97931-6347
Road No. 804 between d~ Road and Hilitary Trail -'
which shall call for the rclt)e;,ticm of thc CI'FY'S facilities (m~'m'd by thc Ci:v. whether witI~ r: the
Any alld ;ltl CITY ol~llcd of op{'raled water lIlaltls, fire tl)'dran rs. sanitary sewers.
gas mains, fire and police call systems, telephone, electrical, tele~aph'and TV-
cable systems, includinz poles, pole lines and underground facilitic-~ thereof, and
any other CITY owned or operated t~ lilities and fa,:ilities within such right of way.
AND WIIEREAS~ the pkms for the said cm}struction, reco-struction or other changes to be made.
';ts abo',e described, have been reviewed by the DEPARTMENT :mrl the' CITY. said above described
utility relocation to hereinafter be de}ignatedas .... Relocahon
AND WHEREAS. the term cost of relocatson shal include the entire amount paid by ttt,.CIT't
property attributable to such relocation after deducting therefro~n any. increase in the value of the new
facility and any salvage value of matcrials recovered from the old fat:lilly.
NOW. TIIEREFORE. in consideration of the nmtual tmdertaking :ts herein set Forth, the parties
l. The CITY hereby agrees to relocate the necessary parts of its facilities along said R/0ad in
accordance with thc provisions set forth in DEPARTMENT Rule 014-46.01 "Utility Accommodation
C, uidc." Horida Administrative Code. dated May 4, 1970: am mpphmmnls thereto o~ revisions Ibcreot'.
x~ hit-h h\ rcfcrt'm'e hereto, are made a part ]u'rcof. Thc CITY furllwr agrees lo (It~ alt of such work with
its m~-n forces or by a contractor paid under a contract let by the CITY. all under the super;ision and
apl~rmal of thc DEPARTMENT.
2. The CITY further agn:cs to ft!lly comply wilh lite provisions of Tille VI of [lie Civil [{ Lgll[~
Act of 1964 in connection with the "Relocation" covered by Ibls agreement, and such compliance will
be governed by the method checked and described hereafter:
x .(a)
The CITY will perform all or part of such "l~.elocation Work" by a Contractor
paid under a contract let by the CITY. and the Appendix "A" of Assurances
attached to this a~eement will be included in said contract let by the CH'Y.
__.(b) The CITY will perform all of snch "Relocation Work ' e ]ttrely' with CITY'S
forces, and Appendix "A" of Assurances is not i-equired.
(c) The "Relocation Work" involved is a~eed to by way ofjnst cmnpensation for
the tak,n~ of CITY S_ fac,!,_t}e~ !?_rated on .r, lg~,t of w.~,~] m wh,ch the CITY
holds a compensable interest, and Appendix A of Assui:~nccs is not required.
(d) The CITY will perform all snch "Relocatiou Work" entirely by continuing
contract which contract to perform all futnre "Relocation Work" was executed
with CITY'S Contractor prior to August 3. I965. and Appendix "A" of Assurances
is not required.
3. The DEPAR. TMENT hereby a~ees to reimburse ~he CITY for all costs incurred by it in -
each snch relocation of said facilities, i,t accorda ace with the provisions set forth ill DEPART.~IENT
Procedure No. 132-046 "Reimbursement for Utility and Railroad Relocation." dated October 1.
1973. aod any supplements or revisions thereof. It is understood and agreed by a,d bctwcer~ the
parties that preliminary en~neering costs not incorporated in tile CITY'S plans aud estimates, as
· approved by the DEPARTMENT, shall not be subject to payment by the DEPARTMENT.
4. Attached hereto, and by reference made a part hereof, are plans and specifications of the
work to be performed by the CITY pnrsnant to the terms hereof, and an estimate of the cost thereof in
the amountofS 9t565'00 ~.MI work performed by the CITY pursuant hereto, shall be
performed according to these plans and specifications as approved by the DEPARTMENT. and all
subscqucut pknt changes shall like,rise be approved by the DEPARTMENT. All "Relocation Work"
cmcriug facilities to be relocated to a positiod within the highway right of way will be accommodated
ill acc.rdan(-,- with tile provisions of Rul~"01~t.46.01 "Utility Accmnmodati,n Guide." Florida
:\dministrative Code. and ally snpplenlents thereto or revisions thereof.
5. All la b,r. scrx ices. mat,:ri;ds and cquipnlent furnished by tim CITY in carrying out thc work
Io be performed hcrcnudc r shall be billed by the CITY direct to the DEPARTMENT. Separate records
as to dw ,'.st of ,'.ntract bid items and foree acconnt items performed for thc CITY shall also be
fnrni,hc,, hv Ihe CITY t,, thc DEPARTMENT.
6. The CITY has determined that the method to be used in developing the rclocatior~ ~,r
a(Ijustmcnt cost shall be as specified for the method checked arid described hereafter:
;.(al Actual and related indirect costs accunmlated iii accordance with a work
order accounting proceduze premcribed by '~Jxe 9ppHe'able. Federal or State
r%mtlatory body.
(b)
(c)
Actual and related indirect costs accumulated '~ accordance w~'th an established
accounting procedure devcloped by the CITY and approvcd by thc
DEPARTMENT.
An a~eed lump sum S . pported by a detaded analysis of
estimated Cost attached hereto. (Note: This method is not applicable where
the estimated cost of the propgsed qdju{tment cxcceds.S25;000:~
.. The adjustmcnt of the CITY'S facility as plammd (~X~-w II lot) require the operati, m
of the old facility until thc new facility is functioning. (It' thc old [acititx: mtlst re:Ill;ill! ill ,,i,cratx,,n
tmtil thc new facility is functioning, indicate thc rcaso~l below.)
8. Tiffs proposed new fitcilitv installed in the CITYkq system ¢~-~ill not} remain in ttse£ul
service beyond the time when the overall (old)facil!ty. of which it is a part. is replaced. [lfthe uew
facility will remain in usefid service as above; or if at: entirely ~tew fl~cility is co;:sttwcted and the old
facility retired, credit for expired service life applies, and $ --- is the (estimated.
actrlal) amottnt tO cover this Credit.]
9. The adjustinent of the CITY'S' facility as plam~ed (X'.X!l: . ;viii no_t) involve adthtional
· .~ ,-'-.- - "Relocation Work" over and above tile minimum reimbursable requircmentg of the DEPARTME<
..... (If upe.m'ading and/or nonreimbursable "Relocation Work".is involvedat the option of the CITY. tl
credit against thc cost of the project is required and ~dll be governed by thc method checked
dcscrihed hereafter):
(al
q Mil hc applied lo the fired billing of work actually accomplisbed
t. determine required credit for (betterment) and/or (cxpircd service life) and/or
(oonr(fi mht~rsal)le..c('e~lllell IS}.
.... (b)
All "Rch)catitm Work" involviltg nom'cimbursable segments ;viii bc performed hy
sp('[:ial crFY or j(,b order numl)cr apart and. separate from rcimlmrsablc
"Rcl()('alim~ Work": such work ()r jol~ order mm]bet to bc
Th(' CITY ftlrlhcr agrees h) clearly i(hmiifv such work areas in thc CI'FY'S plans
ami ('slimal('s For "Reh.'alion Work" cov('rcd by this a~m'cmcut.
--(('l S crcditc(I l'.r (h('ttcrment} and/or (expired service life)
:m(l/()r (nonr(,imhursabh. S('~llll:lllS) II accord (dlh Arlich; {),(c) bcrcin alxlvc.
10. It is SlmCificalh, a~rced by. and between the DI?,I'/~II'I'MI,;NT and the CITY tha~. Ihe
DEP.\RTME*T shall receive fair and adequate credit for. any salvage which shall accrue to the CITY as
a result of lhe above relncatbm~,;ork.
11. It is further a~eed that tire cost of all improvements made doring this relocation work shall
be home by the CITY, subject only to the DEPARTMENT bearing such portion of this cost as
r('presenl~ the cost of rel.~'alimi of I r'vi m'~ly ~'xisling facilily, less s:dva,_,c crcdil as set forth ill the
immediately precediLtg paragraph.
12. Upon completion of the work the CITY shall, at the earliest date practicable, and in no
event later than role hundred eighty (180) days following the date ~f completion of the "Rehmation
Work" by the CITY furnisli the D EPART~IENT x~th two (2) c~pies of its final and complete billing of
all costs incurred in connection ~x~th~the Work performed herennder, such statement to fbllow ~
closely as possible the items contained in the estimate attached hereto. Upon the CITY'S faiIure to
submit proper b~ing within the 180 day period, the DEPARTMENT,mar at Rs discretion, aunt the
CITY'S records an d thereby determine the reimbursable ammmt. The CIT~ hereby waives a nv rizht of
appeal or protest of such amount as determined by audit. The totals h~r lab.r, mer~eac], travel'ex~n~e.
traos portation, equipment, material and mpplics, handling costs, and other scr~'iccs shall be shox~, in
such a manner as ~511 permit ready comparismi ~sSlh the approved plans and estimates. 5la terials shall
be itemized ;~here they represent major components or costs iu the rclocatiou, follo;sSng the pattcru
set out in ~[~EApproved estimate as closely as possible. S~vage credits from recovered and replaced
permafient and recovered temporary materials shMl be reported in sam bill in relative position With the
charge for temporary use.
The filial billing shall show the description and site of the Project: the date on which
the first work svas performed, or. if preliminary engineering or right of way items are iuvolved, the date
on which the ~arl e,t ~tem ot bdled expense was Incurred: tte date ou which the last work was performed
or tile last item of billed expense was incurred, and the locatiou where the last work was performed or the '
lasl item of billed expeose was incorred, and the location where the records and accounts billed can be
audited. Adequate reference shall be made ill the billing to the CITY'S records, acconnts and other
relevant documen ts. All cost records and accounts shall be subject to audit by a representative of the
DEPARTMENT. Upml receipt of invoices prepared in accordauce wilt\ the provisions of the
DEPARTMENT Procednre No. 132-04.6. the DEP.\RTSIENT agrees to reimburse the CITY in the
amrmnt of such actual costs ils approved by the DEPART31ENT'S auditor. Th,' DEPARTMENT shall
rt'|alrl h'll percent fr(uu auy pro~m'ess paynlents.
13. The CITY further agrees to indemnify, defend, and save harmless and exonerate the
DEPARTMENT .f al~ tl from all liability, claims, aoll demamls for cuntractual liability rising ont of tire
work mnh'rh~ken hy Ihe CITY. ils em [duyces, agents, representatives. ,r its subconlraciors dnt: in wh,le.
or in part. t, cunditiuns, m:tions, or ontissim~s dram or committed by the CITY: or its subcontractor}, its
employees, agents, representatives, or its subcontractors. It is specifically understood and a~ced that
this indemnification a~eement does not cover nor indemnify the DEPARTMENT for its own
negligence or breach of this contract.
IN V, ITNESS V~ IIER. EOE, the partJeshereto have causedlhese presents~ to- be executed by their
clul'~ attffmrized offiq~ers, and tbek official seals hereto affixed, thexla'/:m~d :,;~ea? first above written.
~ FAFE OI, [' LOR1D,.\
DEP_.\R~I MEN [ 0:[' ~I RANSPOR I Aq ION
ATTEST:
Direc.tor, of Preeonstmetion and Design
Exccutivc Secretary
(SE..\L)
CITY OF
BY:
ATTES-f:
· FLORIDA
(Title:
(SEAIA
.-\ lq)roved as to Form. Lcgality mid l".xccntion
STATE OF I:I.OI{IDA I)I':P..\RTSIENT OF TRANSI'OWF:\TI()N
.\ssistant Attorncv
REQUIftEO
CONTRACT
PROVISIONS
FOH FEDERAL AID ~ONTDACTS
COMPLIANCE WITHTITLE Vi .OF TIlE CIVIL RIG{ITS ACT OF 1964.
UTILITY RE LOCATI()N CONTRACTS
97 : 93t Palm Ueach N/A None
uril:~ the ~'rforrnance of this c(,,Ifrn(:l, lite ,:-nlr;I,'lor. £1z, r itself, its us~iE,,,.,.~ :,nd
~[crred lo a~ thc "con{factor"), a~rc(~ as
I (1~ coln Pli~,:ce wilb Ru~-tzlalions: 'j'he co Ir lot will comply ~,vilh Ih,: I c n IaI o · ,
~'r~nrporlali{.i relative Io nondieefimin~liml t Fed-rally ~;.-,--' . ~ E ~ ns of .Ih,. I)~. ~artmcnl.of
~uralcd by reference and made a parl o~ thiscontracl' ' ~ the Re~daho~), wlu~ are hereto incor.
(~) Nondi~ri~in~tion: The e.ntraclor, wilh regard Io I e work performed by t afb ~ '
~.omplehon .f Ihe contract work Will not d scri--: ..... .. .. . ~ :r award nnd prior
~t~l parhc~pate edher d~rectlv or mdireeflv in th~ ,I;~--: · .. , ..... '1 I meat. The contraelur
~ - I,--G~am ~t ~ortn m Appendix A & B of the Re~dallon~.
(3) Solicitation: In all solichalions either by compctltlve bidding .r negollaHon made by the e0ntraelor for
· otk I~ he performed under a subconlr~cl, inch.U.g pro~ ~rcments .[ mnlerial~?~d lem~ of ut men
~i~ ,',m ray and I m I~egulali. ns or h.xsor sim I be nohfmd l~v Ibe eonlr ~l~r .~ II e conlr.~l.~.-~,'p. ' t, c~eh
(-t) hfformation ahfl Reports:' The ~:onlraclor will w.vhle all inh~rmnlion a n~[mrl~ requjn:d by the R~da.
oas..r orders ~nd in~t~el on~ i~ued .ursuanl ~-~--.- , . . ~ nd
Iher ~urc~ of information.. ~ and its. faciliH~. ~s may be determined b . ,
on or the Federal lhgh~ Adam slraHon to be . . ~ 1~eS~ate ~FFlortd~ Dep~rtmenl~fTr~ orla.
d ' - , ~ pmtment to .~ertam eom lan ' · '
. ms~chons. ~here ~ny mformallon rcmHrcd of- ...... ~ ...... . . ~., ~, ~ ~,w~h m~ R~l~bon~. orders
V~ ~fu~s lo fun i~ th s inf/~r ~ '~t ~ ~ H,,.' .... ~- 5-----?-7~o~ ts m ~m cxemmve po~on of mnolh~ who
· .~ ~ortabo ~ .r the Fcde~a I1 4~wa~ Admhfis ....... ~y ~o, Itm State of ~or~d! De ~arlment of
~lam' Inn' imormm;ion' ~ z .-~,,~, am .pptopn~t~, ~no m~all ~t [otlh what efforLs i~lh~ m~d. t6
(3) Sanel~o~ for ~oncom~liance: In ll~e event .f tim eontraetor~ noneompfianee wilh Ibm
I~Ovisions of p~r~a~bs (I) U~roneh (4), Ibc Slate of FIodd~ Department oF Tr~n~ort~fion ~11 im o~
lihdlrd':b"lracllo.:ncli°ns ~ ~t or ~e Federal Illgbwmy Admlni~tr.tlon may del~mJnn Io b~ ~omonrJml... r -...~umng,~--~ ~' p nutt no~'
(a) wilhh.ldi.g of pay~nenls to tim conlraclur m~dcr Ibc contract tmtil the ~ontractor eompli~ and/or
(b) c~n~llatlon, termlnalio, or SUSl)e~ion of Ibc conlracl, h~ whole or in p~l.
(6) Incorporation or Provisions: The contractor will inclnde lira pr.vi~..s of para.apl (!) Ibm. ~
~fibcontr~cl~. · . including. ~ vnrocurcmen~ofm~ler;~-,~.nd- le~ ' ' ~ ( )
.... ,- ta~e ~cn achon with rmpect to any
nrcmenl or le~ ~ Ibc Slate of Florida Dep~gment of Tranmorta '
y d~r~.c{ as a means of enforcing ~ch ~rovi~ons ]ncl,,d; ........ :[ ~ Uon or the,~g lh~way Adminler=~on
u~e eve.l a co.tractor becomes lay-ay- 4':_ .... - -,,? ~?::~.ons mr .o.eomI .a.ce; roHd~ h
CITY RESOLUTION
UTI UTY INDEMNI,FICATION AGR E EMENT
A RESOt. IITION AUTHORIZING EXECUTION OF AN UTIL!TIES AGREEMENT FOR TilE ADJ. USTMENT. C[IANc,~,~OR
RELOCATION OF CERTAIN 'UTII,ITIEs W~TIIIN TIIE RIGIIT-OF-WAY LIMITS ilEREAFTE!t DESCRIBED AN] ~O-
VID,lNG Wtl'E~?HHS '~ESOEU'IqON'SII~AI J, 'FA'KE EFI:~)'~ : .......
RESOLUTION NO.
ON M()TION OF Commis~immr (Count-ihnan) . , sccmuhql by Commi~siom'r (Coum'il-
~a I) lc [o OW lie ~esOh ~lon w;is ado )It'd:
WtlE~EAS; thc State o I br~da Dejartmcnt o rai~lortdton h s .died and propo~s to ~ instruct or
reconstruct a part of State Road 804
AND WIIEILEAS; in order Iq)r thcStat~ of Fh)ridadh'partmcnt of Tra.sportatiou to rurthcr and c,,mptctc said
.,,~;~.~ it s ~ec~-s;r~ thatccrtain itlitic~; l/ r 'ur t~.s;Vtfi~th l[~]t-ot'-~Va~ linitso~aid.kt
'804 ' ' : , ~e adjusted, cha.nggd,ov:reldca~d,:. ~ · .
~ND WHEREAS; the State of ~ londa~ Department of TransportaUon hav~ng requested the C~ty of
~ypvoU .~aob Florida, to Cxceutc and deliver to thc State 0f. Florida Deparhncnt 0f Transportation
~ Plilitics'A~rdemcnt a-ret n, to make or cat sc to I d n ddt suc adjust nents changes or relocations of said
Utitities; an~/~r faeUities as Set out in Said Agreementg and said ~equest having been dui) considered.
........ THEREFORE, BE.IT- ESOL ED by-the of,meCity of Bo~on
FI6&;a~ that the blavor ~ .I Clerk (Citx Manaat r) } ~d th'y m 'reby a t mrizcd and directed to make.
exe ute and d~hvce to thc State of, Elonda l)eparlm~ nt of q ransportatmn a Lhht~. Aor~.t.mcnt for th* adju. t
~,~av Hn.~ ~c or'rclocatmn of c ,rta ut hims w~fl t t ~ I~ girt of Wa) tmut~ of smd State }{odd 804
S ~;iou 979~-6347 -
gE 1T FU~T[~R gESOLVEI) that a certified copy of-this Resolution be forwarded to theState.of E_ ,.ida
Department of Tramportation at Tallahas~e. Florida, -
CITY OF r 1
COUNTY OF
[ IIE~EBY C~TI~Y ltm[ ibc forc~oln~ is a irue and compel copy of a Resolution adopted by
of the Citz of ..
. held on this day of . A. D.
at a meeting of said
198
WITNESS my hand and seal on Ibis
day of ', A. D. 1.98
IIv
Clerk (Cil.~ Manager) of the City of
· Florida.
(SEA L)