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R04-202 II I 1 2 RESOLUTION NO. R04- 202- 3 4 5 A RESOLUTION OF THE CITY COMMISSION OF 6 BOYNTON BEACH, FLORIDA, APPROVING THE 7 AGREEMENT BETWEEN THE CITY OF BOYNTON 8 BEACH AND THE BOYNTON BEACH 9 COMMUNITY REDEVELOPMENT AGENCY FOR 10 WATER MAIN IMPROVEMENTS; AND 11 PROVIDING AN EFFECTIVE DATE. 12 13 WHEREAS, the Boynton Beach Community Redevelopment Agency is currently 14 contracted with Burkhardt Construction, Inc., to construct a segment of 12-inch diameter 15 water main from the Promenade project, across Federal Highway to Southeast 3'd Street, 16 where it will eventually be connected to a future main being constructed by the City; and 17 WHEREAS, the water main extension is necessary to provide upgraded water 18 service and fire protection to the Downtown Boynton Beach area; and 19 WHEREAS, the City Commission of the City of Boynton Beach, upon 20 recommendation of staff, deems it to be in the best interests of the residents and citizens 21 of the City of Boynton Beach to approve the Agreement between the City of Boynton 22 Beach and Boynton Beach Community Redevelopment Agency including reimbursement 23 by the City of Boynton Beach for an amount not to exceed $357,427.20. 24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 25 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 26 Section I. Each Whereas clause set forth above is true and correct and 27 incorporated herein by this reference. 28 Section 2. The City Commission of the City of Boynton Beach, Florida does 29 hereby approve the Agreement between the City of Boynton Beach and the Boynton II I 1 Beach Community Redevelopment Agency for the purpose of extending a new water 2 main, including reimbursement by the City of Boynton Beach for an amount not to 3 exceed $357,427.20, a copy of said Agreement is attached hereto as Exhibit "A". 4 Section 3. That this Resolution shall become effective immediately upon 5 passage. 6 PASSED AND ADOPTED this ~ day of December, 2004. 7 8 CITY OF BOYNTON BEACH, FLORIDA 9 10 11 12 13 14 15 16 '. '. -"'" '-"~-"" 17 \ 18 } 19 20 i I 21 22 23 24 ATTEST: 25 ~ 26 27 28,. 29 30 31 32 33 I I Ro'" - 2.02. AGREEMENT FOR THE WATER MAIN IMPROVEMENTS THIS IS AN AGREEMENT, made and entered into this ~ day of December, 2004, by and between the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY (hereinafter "CRA") and the CITY OF BOYNTON BEACH, Florida (hereinafter "CITY"). WHEREAS, the CITY has a need to upgrade water mains within the area of the Boynton Beach Extension-Promenade Project; and WHEREAS, the CRA currently has a Boynton Beach Extension-Promenade Project (hereinafter "PROJECT"); and WHEREAS, the CRA has Burkhardt Construction, Inc. working on said PROJECT; and WHEREAS, the City desires to utilize Burkhardt Construction, Inc. for purposes of work efficiency and economic savings by utilizing the CRA' s existing contract for water main work in the areas close to said PROJECT; and WHEREAS, the parties hereto desire to outline the responsibilities relating to the water main work to be completed for the CITY; NOW THEREFORE, in consideration of the mutual promises and covenants contained herein, and other good and valuable consideration, the receipt and adequacy of which are acknowledged, the CRA and the CITY agree as follows: 1.0 Recitals. The foregoing recitals are true and correct and are hereby incorporated into this Agreement. 2.0 Responsibilities of the CRA. 2.1 The CRA will engage its Contractor, Burkhardt Construction, Inc. to complete the water main work as described herein in Exhibit "A" for the amount as described in Exhibit "A". 2.2 The CRA will pay Burkhardt Construction, Inc. for the costs of said water main work and the CRA will then be reimbursed by the CITY. 3.0 Responsibilities of the CITY. 3.1 The CITY will pay the CRA for the water main work completed by Burkhardt Construction, Inc. within 30 days of receipt of an invoice for such work; said invoice to be provided by CRA to CITY. 4.0 Term of Contract. The term of this Contract shall begin on the date of execution of the contract and end upon the completion ofthe water main improvements referenced herein. 5.0 Severability . If any provision of this Agreement or application thereof to any person or situation shall to any extent, be held invalid or unenforceable, the remainder of this Page I LAP:st ] 0-13-04 C:\Documents and Settings\vielhauers\Lücal Settings\Temporary Internet Files\OLK18\BBCRA Ext - Promenade Proj ~ water main improvements.doc Agreement, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. 6.0 Modification of Agreement. This Agreement may be modified upon mutual consent of the parties only in writing, and executed with the same dignity herewith. 7.0 Binding Authority. Each person signing this Agreement on behalf of either party individually warrants that he or she has full legal power to execute this Agreement 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 Agreement. 8.0 Governing Law and Venue. This Agreement shall be governed by the laws of the State of Florida, with venue lying in Palm Beach County, Florida. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. Page 2 LAP:st 10-13-04 C:\Documents and Settings\vielhauers\Local Settings\Temporary Internet Files\OLK18\BBCRA Ext - Promenade Proj - water main improvements.doc Signed and Seal and Witnessed CITY OF BOYNTON BEACH, FL in the presence of: kq"V¡;t--- . '. '. f Ma r ,/J~~- V fL~ Witness Signed, sealed and witnessed in the CRA Presence of: . ~. ,,~¿';-(; X~ ., - /-1~~/~~ / / Chair / , - V. ~ Witness State of Florida ) )ss. County of Palm Beach) Personally appeared before me duly authorized to administer oaths , to me known to be the person described herein and who executed the foregoing instrument and has acknowledged before me and has executed the same. ~~~; Notary Public My Commission Expires: f IIU8AN "-OíJJNI "j ~ -"110 r II ; \\'\f¡J ......:111_ i t..~r:~!..~;';/;~;;~: Page 3 LAP:st 10-13-04 C:\Documents and Settings\vielhauers\Local Settings\Temporary Internet Files\OLKI8\BBCRA Ext - Promenade Proj _ water main improvements.doc - OFF SITE WATER MAIN IMPROVEMENTS (CITY OF BOYNTON BEACH) Updated through October 4, 2004 From: Burkhardt Construction, Inc. 1400 Alabama Ave. #20 West Palm Beach, FI. 33401 Att: Dennis E. Haynes Tel: (561) 659-1400 Fax: (561) 659-1402 To: Boynton Beach Community Redevelopment Agency 639 East Ocean Ave., Suite #107 Boynton Beach, FL 33435 Att: Douglas Hutchinson, Director Tel: 737 - 3256 Fax: 737 - 3258 Project: C.RA Project # 2003-1 Utility Improvements for city of Boynton Beach Boynton Beach Blvd} Off Site Utility Work (Fed. Hwy.) Engineer: Kimtey - Horn And Associates, Inc. 4431 Embarcadero Drive West Palm Beach, FI. 334070 Plans: Sheets 1, 20.1, 20.2, 21.1, 21.2, 21.3 & 21.4 All sheets dated 03/26/04 with no revisions except: 20.1 & 20.2 dated 07/08/04 revised 05/14, 05/19,06/02,07115, & 08/12/04 and as stamped approved by the Palm Beach County Heanh Department Item Description Quantity Unit Price Amount Mobilization/ General Conditions 1 Total Includes All Of The Following; LS $43,445.00 $43,445.00 Permitting LS Layout & As-Built Drawings LS Supervision & Project Manager LS Standard Insurance Overhead LS Performance & Payment Bond LS Testing Costs LS Design! Buiid Insurance LS OFF-SITE WATER MAIN 1 OF 3 - Maintenance of Traffic 1 Vehicle Message Board LS $19,015.00 $19,015.00 Advance Warning Signs LS Hi-intensity Lights LS Corral Barricades LS Flashers LS Steady Burn Lights LS Specialty Signage LS Temporary Striping LS Permanent Striping LS Detour Signage LS Flagmen LS Temporary Steel Plates LS Clearing & Grubbing $4,305.00 Clearing & Grubbing 1 LS $ 4,305.00 $4,305.00 Subgrade, Base & Asphalt $43,750.00 Sawcut Asphalt 1000 LF $ 1.20 $ 1,200.00 Flowable Fill 90 CY $ 96.00 $ 8,640.00 2" Type S Asphalt 1290 SY $ 12.00 $ 15,480.00 Remove Existing Asphalt 1290 SY $ 9.00 $ 11,610.00 Curb Removal 25 LF $ 4.80 $ 120.00 Curb & Gutter 25 LF $ 24.00 $ 600.00 Sidewalk Removal 1000 SF $ 1.25 $ 1,250.00 Sidewalk 1000 SF $ 4.85 $ 4,850.00 Landscape/Irrigation $1,500.00 Remove existing. Landscaping 1 LS Restore Irrigation 1 LS Replace Median Plantings 1 LS OFF-SITE WATER MAIN 2 OF 3 - Water Main $249,717.20 12" DIP CL 350 612 LF $92.45 $56,579.40 12" MJ Gate Valve 4EA $2,050.00 $8,200.00 12" 22.5 degree bend 2 EA $849.00 $1,698.00 12" 45 degree bend 6EA $899.00 $5,394.00 12" x 6" MJ Tee 4EA $886.00 $3,544.00 12" x 12" MJ Tee 2EA $1,453.00 $2,906.00 12" MJ Cap 3EA $742.00 $2,226.00 6"DIP 36 LF $88.80 $3,196.80 6" MJ Gate Valve 4EA $1,282.00 $5,128.00 6" x 6" Tapping Tee & Valve 1 EA $5,672.00 $5,672.00 6" 90 degree bend 1 EA $675.00 $675.00 6" MJ Cap 2EA $445.00 $890.00 2" Blowoff 2EA $1,632.00 $3,264.00 Sample Points 4EA $445.00 $1,780.00 Concrete Thrust Blocks 10 CY $495.00 $4,950.00 EMS Marker 10 EA $39.00 $390.00 Replace 6" Tee w/6" cross 1 EA $3,205.00 $3,205.00 Tie into existing 12" DIP 1 EA $845.00 $845.00 Tie into existing 6" DIP 1 LS $845.00 $845.00 Cut in and Cap exist. 6" 1 LS $765.00 $765.00 Jack & Bore 110 LF $745.00 $81,950.00 Cassing Spacers 12 EA $275.00 $3,300.00 Dewatering 1 LS $35,765.00 $35,765.00 Storm Drain Relocation 1 LS $12,345.00 $12,345.00 Pigging w/12" x 12" Wye 1 EA $4,204.00 $4,204.00 Total Contract Value $357,427.20 OFF-SITE WATER MAIN 3 OF 3