76-HHHFORM 7~-2-62
! °74
PAGE Il OF' '~
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
DIVISION OF ROAD OPERATION¢:
CITY RESOLUTION
CONSTRUCTION MODIFICATION
COUNTY · SECTION UTILITY JOB NO. STATE ROAD NO. COUNTY NAME PARCEL-a: R]WJOB NO.
93 512 6603 (~ ~s~_res~ Bird_ Palm Beacl
A RESOLUTION REGARDING UTILITY JOINT PROJECT AGREEMENT BETWEEN THE CITY OF
Boynton B~a~'h AND THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION;
AUTHORIZING THE EXECUTION OF SUCH AGREEMENTS; AND AUTHORIZING THE PLACING OF FUNDS
WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE COMPLETION OF THE
UTILITY MODIFICATION. '~r"~ ..................... ~ ~
RESOLUTION NO. 76-HHH ) J'-
WHEREAS, the State of Florida Department of Transportation is constructing, reconstructing or
otherwise changing a portion of the State Highway System, between South of Bethesda Hospital
and Woolbriqht Road , which shall call for the adjustment, change or relocation of City
Utilities facilities over and/or under said highway,
AND WHEREAS, the City has heretofore authorized that plans and specifications be prepared
for such adjustment of said City facilities over and/or under said highway,
AND WHEREAS, the plans and specifications will be made a part of the Department's highway
construction contract,
COUNCIL
NOW, THEREFORE, BE IT RESOLVED BY THE CITY ~J)F THE CITY OF
Boynton Beach , FLORIDA:
That the City of Boirnton Beach enter into a JOLNT PROJECT AGREEMENT wfth
the State of Florida Department of Transportation for construction modifications by the Department
designated as Utihty Job 6603 , Section 512 ~, Parcel N/A , R/W Job N/A ,
and that the City assume all costs incurred in the respective utilit~ modifications, which costs are
estimated to be $ 20,895. O0 ; and,
That the Mayor and City Clerk be authorized to enter into such agreements with the State of
Florida Department of Transportation for the construction modifications of said City facihties, and,
That the estimated costs of such utility work as set forth above be paid in advance to the State of
Florida Department of Transj~ortation in accordance with such utility construction modification
agreement.
Council
INTRODUCED _A~D PASSED by,~ Cit~of~the_j~ o_f Boynton Beach
Florida, in regular session, this ~9 c:~ day of ~~" , 197 6
_B%~rrl, of ~ount)' Comn'fissioners
,William I--J. Medlen, Chairman
E. W. "Bud" Wt aver. Vice Chairman
Roberl F. Culpepper
Lake Ly:~] ~
Roberl C John~~
County Adn'|in~slrat or
J~hn C.. ~;ansbur¥
Departmen! of Engineering'
and Public Works
H. F. Kahl~rt
Cpunty Engineer
September 10, 1976
City of Boynton Beach
P.'O. Box 310
Boynton Beach, Fla. 33435
Attention: Mr. Tom Clark, City Engineer
Dear Sir:
ADJusTMENT OF UTILITIES - STATE STATUTES CHAPTER 338.19
RE: Sectiom 93512-6603 State Road: ~/A:
Seacrest Boulevard (Boynton Beach) from Woolbright
Road (S.E. 15th Avenue) South of Bethesda-Hospital
~ne subject road is schedule~ for December hsd op~ning as was anmounded
at th~ Utility Design Meeting. To accomplish this al! ~t~!ity drawings,
schedules, and agreements must be returne~ i~-~diat~ly. Please notify
me if this is not possible.
A Relocation Agreement between you-mud the Department of Transportation
in which your company states its intent to relocate utilities as required-
un'er Florida Statute 338.19 will be needed for this project. A state-
ment should be included in your letter of transmittal authorizing Palm
Beach County tO use this agreement. Copies of this form are also enclosed.
- Please call me if You .have any questions.
Very truly yours,
~aren R. O!sc~,
Utility Coordinator
KRD/mer
BOX 2.429
WEST PALM BEACH, FLORIDA 33402
{305~ 684-2460
FORM
!-74
PAGE 1 OF 3
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
DIVISION OF ROAD OPERATIONS
JOINT PROJECT AGREEMENT
CONSTRUCTION MODIFICATION
(MUNICIPAL)
COUNTY SECT[ON UTILITY JOB NO. STATE ROAD NO. COUNTY NAME PARCEL & R/W JOB NO.
93 512 ~ 6603 i 5-811
:, (~!~r~ Blvd, Palm Beach
THIS AGREEMENT, made and entered into this day of
, 197 6 , by and between the STATE OF FLORIDA DEPARTMENT
OF TRANSPORTATION, hereinafter referred to as the DEPARTMENT, and the CITY OF
Boynton Beach , a municipal corporation, hereinafter referred to as the CITY.
WITNESSETH:
WHEREAS, THE DEPARTMENT is constructing, reconstructing, or otherwise changing a
portion of the State Highway System, .designated by. the DEPARTMENT as Job No.
93512-3603-035 8-811
,. on Road No. , betweenSOUth of Bethesda Hosa~d
.Woo!bright Road, which shall call for the adjustment, change or relocation of certain facilities
and/or utilities owned by the CITY (whether within the corporate limits thereof or not) and located
within the right of way of said hi~dnwa.v,
~a~N-I) WHEREAS, the proposed said construction, as above described, has been reviewed by the
DEPARTS~NT and the CITY and said above-described adjustme_nt, change or relocation work
hereinafter be designated as "Uttqity Work,"
AND I;~ERKAS, the CITY has expressed its desire to assume all costs incurred by this "Utility
Work" and has requested the DEPARTMENT to include in said Job certairkplans and specifications
to meet the CITY'S needs,
_&ND ~EREAS, the DF2A_RTMENT and the CITY have determined that it would be to the
best interest of the ~mmexal public and to the economic advantage of both pa~qies to enter into a
JO~XT PRO -jEC'T pro;5~ for sach w-ork,
NOW, T12iw~ORE, the pre-wises considered, and in consideration of the sum of One Dollar
each to the other in hand p~ the receipt whereof is hereby actmowledged, and in further
consideration of the mutnaI covenanls hereinafter contained, it is agreed by the parties as follows:
1. The DEPA_RT3,[V.N-T and the CITY shall participate in a JOLN-T PROJECW, the scope of
which will cover only CITY- uhTrty facilities within the limits of the project as inclucled in the plans
FORM 722-25A
~AC---.E 2 OF ~t
and estimate of the highway contract, more specifically described as State Hiqhwa¥ City'
Utility Relocation. State Project No. 93512-6603-035.
2. Ail of the-work on the JOINT PROJECT is to be done according to the plans and
specifications of the DEPARTMENT which plans and specifications are, by reference hereto, made a
part hereof. The CITY will be responsible for verifying the accuracy of the DEPARTMENT'S
underground survey information, and will also be responsible for any changes to the CITY'S plans
made necessary by errors or omissions in,he DEPARTMENT'S survey information .as furnished to the
CITY. All errors, omissions, or changes in the design of the CITY'S "Utility Work" will be the sole
responsibility of the CITY. In any conflict between CITY and DEPARTMENT specifications, the
DEPARTMENT'S specifications will govern.
3. All adjustments, relocations, repairs and incidentals required to 'be performed to the
existing CITY utilities within this project, not included in this contract, will be the sole responsibility
of the CITY. Ail 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 and work under the construction contract shall be performed to the
satisfaction of the DEPARTMENT'S Director, Division of Road Operations, and he shall decide all
questions, difficulties and disputes of whatever nature, which may arise under or by reason of such
contract for "Utility Work," the prosecution and fulfillment of the services thereunder, and the
character, quality, amount and value thereof; and his decision upon all claims, questions and rl~-~putes
thereunder shall be final and conclusive upon the parties hereto.
5. The CITY %,q~es that H' will, upon execution of this %~eement, f~arnish to the
DEPARTMENT as a deposit for the estimated payment of said "Utility Work" the amount of
$ 20,895.00 That the DEPARTMENT may utilize said deposit for the payment of said
"Utility- Work"; and the parties hereto further agree that in the event that final billing pursuant to the
terms of Paragraph 8 is less than said deposit, a refund of any excess over and above said final billing
will be made by the DEPARTMENT to the CITY; and that in the event said final billing is greater than
said deposit, said final billing will be paid by the CITY pursuant to Para~aph 8 hereof.
6. Upon completion and acceptance of the work, the CITY shall own. controL maintaSn ami
be respon~Tble for all CITY utility facilities involved, according to the terms 'of the stand,~Cl permit
~ by the State Statutes for occupancy of public rights of way. The CITY farther agrees thai
wffi maintain and keep in repair, or cause to be maintained and kept in repair, ail of such constmcterI
~ties or utilities within the right of way of said State Road, to comply with ail pro~-' ns of law
and of the DEPARTMENT'S manual with amendments and s%peeifications for traffic control routing
and parldng and to conform with the r%mllations of the DEPARTMENT pertaining thereto.
7. The CITY shall defend, save and hold harmless the DEPARTMENT from any and all lerat
actions, claims or demands by any person or legal entity against the DEPARTMEaN~T arising out of t~
participation-of this Agreement by 'the CITY; or use by the CITY, of the completed "Utility Work."
P~£ 3 OF 3
8. Upon completion of the work, the DEPARTMENT shall, at the earliest date practicable,
furnish the CITY 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 cldsely 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; and the location where the records and accounts bill can be audited. Adequate
referdnce shall be made in the billing to the DEPARTMENT'S records, ac'counts or other relevant
documents. All cost records and accounts shall be subject to audit by a representative of the CITY.
Upon receipt of invoices prepared in accordance with the provision of DEPARTMENT Procedure
No. 132-046"Reimbursement for Utility and Railroad Relocation," dated October 1, 1973, the City
agrees to reimburse the DEPARTMENT in the amount of such actual cost.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be duly executed, the
day and year first above written.
WITNESSES:
As to the DEPARTMENT
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
Director of Administration
ATTEST: (SEAL)
Executive Secretary
CITY OF , FLOR/DA
As tO CiTY
BY:
ATTEST:
(Title.
)
(sr 4r)
Approved as to Form, Legah~, and Exeew5o~
STATE OF FLORIDA DEPARTM~NT OF T!L&~L~PORTATION
By:
Assistant Attorney