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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. ~0 R~ 723-25B 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