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R00-044RESOLUTION R00- ~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A JOINT PARTICIPATION/FUNDING AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH (CITY) AND PALM BEACH COUNTY (COUNTY) IN THE CONSTRUCTION OF BOYNTON BEACH BOULEVARD AND MILITARY TRAIL INTERSECTION; (PALM BEACH COUNTY PROJECT NO. 93113): AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the CITY and the COUNTY desire to jointly participate 'n the construction of utility adjustments to water distribution and/or sewage transmission systems and other improvements, along the right- of-way of Boynton Beach Boulevard and Military Trail Intersection improvements; and WHEREAS, both the CITY and the COUNTY declare that it is in the public interest that the work be constructed with the aforementioned Project; WHEREAS, the parties hereto mutually recognize the need for entering into an Agreement designating and setting forth the responsibilities of each party; 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 a Joint Participation/Funding Agreement between the City of Boynton Beach and Palm Beach County, a copy of which Agreement is attached hereto as Exhibit "A". Section 2. upon passage. This Resolution will become effective immediately PASSED AND ADOPTED this J day of April, 2000. Vice Mayor Mayor Pro Tem //Commissioner Ci~ Clerk AGREEMENT BETWEEN PALM BEACH COUNTY, FLORIDA AND THE CITY OF BOYNTON BEACH FOR JOINT PARTICIPATION AND PROJECT FUNDING IN CONSTRUCTION OF BOYNTON BEACH BOULEVARD AND MILITARY TRAIL INTERSECTION PALM BEACH COUNTY, FLORIDA PALM BEACH COUNTY PROJECT NO. 94113 THIS AGREEMENT, made and entered into this day of 2000, by and between PALM BEACH COUNTY, a political subdivision in the State of Florida, herein referred to as "COUNTY" and the "CITY OF BOYNTON BEACH", a municipality in the State of Florida, herein referred to as the "CITY", WITNESSETH: WHEREAS, COUNTY and CITY desire to jointly participate in the construction of utility adjustments to water distribution and/or sewage transmission systems and other improvements, hereinafter referred to as the "Work" along the right-of-way of Boynton Beach Boulevard and Military Trail Intersection improvements, hereinafter referred to as the "Project"; and WHEREAS, Florida Statutes, Section 163.01, allows governmental units to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage; and WHEREAS, both COUNTY and CITY declare that it is in the public interest that the "Work" be constructed with the aforementioned PROJECT; and NOW, THEREFORE, for and in consideration of the mutual covenants contained herein, the Parties to this Agreement agree as follows: 1. The CITY agrees to pay directly to the COUNTY costs attributable to construction of the "Work" along the fight-of-way of the "Project" as outlined and shown in the Bid Documents for Palm Beach County Project No. 94113. AGREEMENT WITH THE CITY OF BOYNTON BEACH 2. Said summation of costs is stated in the amount of $10,650.00 in accordance with the attached bid tabulation (Attachment "A") and summary (Attachment "B") for the specified work. 3. Costs shallbe adjusted upon actual contract costs and completion of the project using contract unit prices and'actual constructed quantities, said quantities being measured by the Palm Beach County Engineering and Public Works Department. 4. The CITY agrees to fund those contributions set forth in Paragraphs 1 through 3 above within thirty (30) days of receiving written notice from the COUNTY that funding is required. 5. The COUNTY is to be responsible for administering the funds in accordance with the Agreement. 6. The CITY is to be responsible for, and agrees to provide or cause to be performed all inspection s. ervices during construction of the~ "Work" and final certification for the aforementioned "Work" as it relates to the CITY's work 7. The COUNTY shall obtain CITY approval for any change orders which increase the cost attributable to the consm:ction of utility adjustments to water distribution and/or sewage transmission systems and other improvements to an mount greater than the contract amount as stated in Paragraph 2 of this agreement. The CITY shall be responsible for any.cost caused by the CITY's delays including but not limited to change orders attributable to the roadway improvements as it relates to the CITY's work. 8. In the event that additional work and funding is required, the additional cost attributable to said construction of the "Work" as outlined in the specifications for this project is the responsibility of the CITY. In the event of an under run attributable to said construction of the "Work", as outlined in the specification, the AGREEMENT WITH THE CITY OF BOYNTON BEACH 9. Without waiver of limitation as provided for in Section 768.28 (5), Florida Statutes, and to the extent permitted by law, COUNTY agrees to indemnify and hold harmless the CITY from and against any claims, losses, demands or causes of action of whatsoever kind or nature that the CITY, its agents or employees, may or could sustain as a result of or emanating out of the terms and conditions contained in this agreement that result from the COUNTY's negligence or willful misconduct. Without waiver of limitation as provided for in Section 768.28 (5), Florida Statutes, and to the extent permitted by law, CITY agrees to indemnify and hold harmless the COUNTY from and against any claims, losses, demands or causes of action of whatsoever kind or nature that the COUNTY, its agents or employees, may or could sustain as a result of or.emanating out of the terms and conditions contained in this agreement that result from the ~ 72 CITY's negligence or willful misconduct. 10. All provisions of this Agreement eailing for the expenditure of ad valorem tax money by either COUNTY or CITY are subject to annual budgetary funding and should either Party involuntarily fail to fund any of their respective obligations pursuant to this Agreement, this Agreement may be terminated. 11. Any and all notices required or permitted to be given hereunder shall be deemed received three (3) days afar same are deposited in U.S. Mail sent via certified mail, return receipt requested. All notice to the CITY shall be.sent to: City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, FI 33435-3838 ATTN: Mr. Peter V. Mazzella Assistant Director of Utilities All notice to the COUNTY shall be sent to: George T. Webb, P.E., County Engineer Engineering and Publii: Works Depaxhnent P.O. Box 21229 AGREEMENT WITH THE CITY OF BOYNTON BEACH IN WITNESS WHEREOF, the Parties unto this Agreement have set their hands and seals on the day and date first written above. CITY OF BOYNTON BEACH ATTEST: SUZANNE KRUSE, CITY CLERK BY: PALM BEACH COUNT~-, FLORIDA, BY ItS BOAPO OF CoUNTy COMMISSIONERS ATTEST: DOROTHY H. WlLKEN, CLERK BY: (DATE) APPROVED AS TO FORM AND LEGAL APPROVED AS TO FORM AND LEGAL SUFFICIENCY: LEGAL SUFFICIENCY: CITY ATTORNEY COUNTY ATTORNEY F:~OADWAY~AGRMT~94113BB U.J2F,doe 4 Z ? -f - --.m~ zmmmmmmmmm . . .,, ;. ,-. ,- ....... '0 ~'~ m~-moo '" o ~>-,, ~-cc ~ mno~_ mm_=~ ..... mm az mm Fn ~ _ -~-~'a o E ~ ~ ~ 0 0 0 0 0 z ~ ~ 0 ~ ~- , .... m'~ m.n 'n ~ ~ Z_ mm m°. 8 o.~ ~.,~ o~,~,.~,.,.., .~ ~.o :~mCe mm~mmmm m m 0') nl nl ...:::::::::: Z ? -I ~!!)~ ~ ~ m mm m~ ~mmm ~m~m~ ~mmm~mmm~o~o~ ~_mmm ~Zm ~m~ ~ m ~=~o ~ ~ ~ ~z~. ~m ~ ~ Z ~ Z'"~' o~ o COO Z -I ~ O0 ~zZmm ~ ~ ~'~ ~ m ~ ~ m~-- m mm mm mm ~ z~--ccccc~ccc ~ m~m~mmmmmmmmm m~moo~mm ZZ ------~mmmmmmmmm ~ z~z ~~ ~0 Cr ~0oooo om ~ ~m~ ~--mmmm m ~m mo~ mm-- ~mmo~ mo~ ~ OZmmz OZ .-im c~z a_ z~ Z'~ , C:: C~I~ Om z-o ATTACHMENT "B' PROJECT NAME: BOYNTON BEACH BLVD. AND MILITARY TRAIL INTERSECTION PROJECT NUMBER: 94113 Ranger Construction Industries, Inc. ITEM QUANTITY/UNITS UNIT PRICE AMOUNT REGULAR ROADWAY PAY ITEMS 6 BASEROCK 100 SY $ 12.00 $ 1,200.00 ( DOUBLE COURSE ) ( 10" ) 27 ADJUST MANHOLE TOP 1 EA $ 570.00 $ 570.00 REGULAR ROADWAY PAY ITEMS SUBTOTAL $ 1,770.00 CONTINGENCY ITEMS 52 ' INLETS ( CURB ) ( TYPE P-1 ) 1 EA $ 2,600.00 15 53 54 55 16 56 17 ( CONFLICT STRUCTURE ) INLETS ( CURB ) ( TYPE P-1 ) DIFFERENCE BETWEEN 52& 15 INLETS ( CURB ) ( TYPE P-2 ) INLETS ( CURB ) ( TYPE P-2 ) ( CONFLICT STRUCTURE ) DIFFERENCE BETWEEN 53 & 54 INLETS ( CURB ) ( TYPE P-3 ) ( CONFLICT STRUCTURE ) INLETS ( CURB ) ( TYPE P-3 ) DIFFERENCE BETWEEN 55 & 16 INLETS ( CURB ) ( TYPE P-5 ) ( CONFLICT STRUCTURE ) INLETS ( CURB ) ( TYPE P-5 ) DIFFERENCE BETWEEN 56& 17 1 EA $ 5,800.00 1 $ -3,200.00 1 EA $ 2,700.00 I EA $ 2,900.00 1 $ 200.00 $ 1 EA $ 2,800.00 1 EA $ 3,200.00 I $ -400.00 1 EA $ 2,100.00 1 EA $ 2,500.00 1 $ -400.00 $ 0.00 200.00 $ 0.00 $ 0.00 ATTACHMENT "B' PROJECT NAME: BOYNTON BEACH BLVD. AND MILITARY TRAIL INTERSECTION PROJECT NUMBER: 94113 Ranger Construction Industries, Inc. ITEM QUANTITY/UNITS UNIT PRICE AMOUNT 57 $ 2,600.00 19 $ 3,000.00 $ -400.00 $ 58 $ 2,400.00 21 $ 2,400.00 $ 0.00 $ 59 $ 5,100.00 22 $ 7,000.00 $-1,900.00 $ 0.00 60 $ 5,500.00 INLETS ( CURB ) ( TYPE P-6 ) I EA ( CONFLICT STRUCTURE ) INLETS ( CURB ) ( TYPE P-6 ) 1 EA DIFFERENCE BETWEEN. 1 57 & 19 INLETS ( CURB ) ( TYPE P-8 ) 1 EA ( CONFLICT STRUCTURE ) INLETS ( CURB ) ( TYPE P-8 ) 1 EA DIFFERENCE BETWEEN 1 58 & 21 INLETS ( CURB ) ( TYPE J-5 ) I EA ( CONFLICT STRUCTURE ) INLETS ( CURB ) ( TYPE J-5 ) 1 EA DIFFERENCE BETWEEN 1 59 & 22 INLETS ( CURB ) ( TYPE J-6 ) 1 EA ( CONFLICT STRUCTURE ) INLETS ( CURB ) ( TYPE J-6 ) 1 EA DIFFERENCE BETWEEN 1 60 & 23 MANHOLE ( TYPE P-7 ) 1 EA ( CONFLICT STRUCTURE ) MANHOLE ( TYPE P-7 ) 1 EA ( CONFLICT STRUCTURE ) MANHOLE ( TYPE P-7 ) 1 EA DIFFERENCE BETWEEN 61 &24 0.00 23 0.00 $ 7,100.00 $-1,600.00 $ 0.00 61 $ 2,000.00 $ 2,000.00 61 $ 2,000.00 24 $ 2,400.00 $ -400.00 $ 0.00 2 ATTACHMENT "B" PROJECT NAME: BOYNTON BEACH BLVD. AND MILITARY TRAIL INTERSECTION PROJECT NUMBER: 94113 Ranger Construction Industries, Inc. 62 ITEM MANHOLE ( TYPE J-7 ) ( CONFLICT STRUCTURE ) 62 MANHOLE ( TYPE J-7 ) 1 EA $ 4,400.00 ( CONFLICT STRUCTURE ) MANHOLE ( TYPE J-7 ) I EA DIFFERENCE BETWEEN 1 62 & 25 67 ADJUST VALVE BOX ! EA $ 280.00 $ 280.00 ( INCLUDES CONCRETE' COLLAR ) SUPPORT WATER MAIN SUPPORT FORCE MAIN 25 QUANTITY/UNITS UNIT PRICE AMOUNT 1 EA $ 4,400.00 $ 4,400.00 $ 5,600.00 $-1,200.00 $ 68 200 LF $ 5.00 69 . 200 LF $ 5.00 CONTINGENCY ITEMS SUBTO'I;AL 0.00 $ 1,000.00 $ 1,000.00 $ 8,880.00 GRAND TOTAL $ 10,650.00 F:~ROADWAY~AGRM~94113BBU-SUM.do~