R95-191RESOLUTION NO. R95-/~'/
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE AN AGREEMENT BETWEEN PALM BEACH
COUNTY, FLORIDA AND THE CITY OF BOYNTON
BEACH, FLORIDA FOR JOINT PROJECT
PARTICIPATION/FUNDING IN CONSTRUCTION OF
WOOLBRIGHT ROAD AND CONGRESS AVENUE
INTERSECTION; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the County is proposing to modify the intersection of Congress
Avenue and Woolbright Road, which will require the adjustment or relocation of certain
water and sewer utilities belonging to the City; and
WHEREAS, has caused to be prepared roadway construction plans and
specifications for intersection improvements at Woolbright Road and Congress Avenue
intersection, hereinafter called "Project"; and
WHEREAS, both the City and the County declare that it is in the public interest
that the utility adjustments and conflict structure construction be included in the
aforementioned project; and
WHEREAS, the City has budgeted funds for cooperation in the construction of
work along the authorized service section of the project, and the City will perform all
inspections, testing and certifications required for the work to insure compliance with
the City's specifications and permits;
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 Palm
Beach County and the City of Boynton Beach for joint project participation/funding in
construction of Woolbright Road and Congress Avenue Intersection; said Agreement
being attached hereto as Exhibit "A".
Section 2.
passage.
That this Resolution shall become effective immediately upon
PASSED AND ADOPTED this ..d- day of December, 1995.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
ATTEST:
Cit~' Clerk
Mayor
Mayor Pro Tern
;ioner
MEMORANDUM
TO:
FROM:
DATE:
RE:
JOHN GUIDRY, DIRECTOR
UTILITIES DEPARTMENT
SUE KRUSE, CITY CLERK
DECEMBER 13, 1995
RESOLUTION #R95-191 and three
original agreemems
As requested please f'md the above memioned documems. When they are
returned from Palm Beach County fully executed, please send me one
original documem for Central Files. Thank you.
CITY OF BOYNTON BEACH
IN WITNESS WHEREOF, the County of Palm Beach, Florida has
caused this Agreement to be signed by the Chairman of the Board
of County Commissioners and the seal of said Board to be affixed
hereto and attested by the Clerk of said Board, pursuant to
authority granted by said Board, and CITY OF BOYNTON BEACH has
caused this Agreement to be signed in its name by its Mayor and
its seal to be affixed hereto, attested by its Clerk, the date
and year first above written.
CITY OF BOYNTON BEACH
Mayor/ DATE
ATTEST -
PALM-BEACH COUNTY, FLORIDA,
BY ITS BOARD OF COUNTY
COMMISSIONERS
By:
Chairman
ATTEST:
Clerk DATE
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
CITY ATTORNEY
DOROTHY H. WILKEN, CLERK
BY:
DATE
APPROVED AS TO FORM ANDLEGAL
SUFFICIENCY:
BY:
COUNTY ATTORNEY
h: \ROADWAY\AGRMT\93\93507A
6
AGREEMENT BETWEEN PALM BEACH COUNTY, FLORIDA
AND
THE CITY OF BOYNTON BEACH
FOR JOINT PROJECT PARTICIPATION/FUNDING IN CONSTRUCTION
OF WOOLBRIGHT ROAD AND CONGRESS AVENUE INTERSECTION
PALM BEACH COUNTY, FLORIDA
PALM BEACH COUNTY PROJECT NO. 93507A
THISAGREEMENT, made and entered into this day
of 19 ,by and between the COUNTY OF PALM BEACH, a
political subdivision of the State of Florida, hereinafter
called and referred'to as the "COUNTY', and the City of Boynton
Beach, a political subdivision of the State of Florida,
hereinafter called and referred to as "CITY",
WITNESSETH ~
WHEREAS, CITY and the COUNTY are authorized to enter into
this agreement pursuant to Section 163.01, Florida Statutes, as
amended, which permits local 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,
construction
improvements
the COUNTY has caused to be prepared roadway
plans and specifications for intersection
at Woolbright Road and Congress Avenue,
hereinafter, called and referred to as the "Project;" and
WHEREAS, both CITY and the COUNTY declare that it is in the
public interest that the utility adjustments and conflict
structure construction, hereinafter, called and referred to as
the "Work", be included in the aforementioned Project; and
WHEREAS, CITY has budgeted funds for cooperation in the
construction of the Work along the authorized service section of
the Project; .and
CITY OF BOYNTON BEACH
WHEREAS, CITY is desirous of funding the costs for the
construction of the Work which benefits CITY; and
WHERE~S, CITY will perform all inspections, testing-~nd
certifications required for the Work to insure compliance ~ ~h
CITY'S specifications and permits;
NOW, THEREFORB, for and in consideration of the mutual
covenants contained herein, the Parties to this Agreement agree
as follows:
The recitals set forth above are hereby adopted and
incorporated in this agreement.
The COUNTY agrees to:
Ae
Advertise for bids, submit bids to CITY
review, and award a contract for the Work which
is to be owned by CITY.
Be
Administer the above contract and administer the
funds in accordance with this Agreement.
Ce
Supply CITY with a contract audit in accordance
with standard accounting procedures which
reflects total, final costs of the Work upon
completion of the Project.
De
To the extent the County is charged with de--~gn
for the roadway construction plans of
project, the COUNTY agrees to be responsible for
any and all liability with regard to its
performance of the requirements of this
agreement.
CITY OF BOYNTON BEACH
3. CITY agrees to:
ao
Provide or cause to be provided all inspection
services and final certification for the Work.
Bm
CITY agrees to be responsible for any and all
liability with regard to its performance of the
requirements of this agreement to the extent
allowed by Florida law and subject to the
requirements and limitations of Florida
Statutes, Section 768.28.
Ce
To contribute and to forward to the COUNTY the
funding for the actual .costs of the Work.
Contributions and funding for the cost of said
Work shall be paid by CITY as such costs accrue
within 30 days after a bill for same has been
sent by the COUNTY to CITY.
Dm
Summation of costs is stated in the amount of
$6,730.00 in accordance with the attached bid
tabulation (Attachment "A") and summary
(Attachment "B") for the Work.
Ee
Costs shall be adjusted upon actual contract
costs and completion of the project using
contract unit prices and actual constructed
the Palm Beach County Engineering and Public
Works Department.
3
CITY OF BOYNTON BEACH
If CITY fails to agree to the low bidder's
contract prices, CITY will perform the Work
without any delay or expense to the Project or
to the COUNTY. ~
THE COUNTY shall obtain CITY approval for any change
orders which increase the cost attributable to the
Work to an amount greater than the contract amount as
stated in Paragraph 3 (D) of this agreement. ~ITY
shall be responsible for any cost caused by CITY'S
delays including but not limited to change orders
attributable to the improvements as it relates to the
CITY'S Work.
In the event that additional work and funding is
required, the additional cost attributable to said
Work is the responsibility of CITY. In the event.o~ n
under run attributable to said Work, CITY will-~e
credited the excess amount.
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 CITY from any claims, losses,
demands or cause of aotion of whatsoever kind or
nature that 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 will--il
misconduct ....
4
CITY OF BOYNTON BEACH
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 cause ofaction whatsoever kind or
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 CITY'S negligence or willful misconduct.
Both the COUNTY and CITY agree to pay to the other
such funds as are indicated in the final audit set
forth in Paragraph 2 (C) above, which will balance
accounts between the parties.
This Agreement shall be executed in triplicate and
the COUNTY shall retain two (2) and CITY shall retain
one (1) copy. All shall be considered an origiaal.
10.
Any and all notices required or permitted to be given
hereunder shall be deemed received five (5) days after
same are deposited in U.S. Mail sent via certified
mail, return receipt requested.
Ail notices to CITY shall be sent to:
City of Boynton Beach
100 E. Boynton Beach Boulevard
Boynton Beach, FL 33435
ATTN: John Guidry
Ail notices to the COUNTY shall be sent to:
George T. Webb, P.E., County Engineer
Engineering and Public Works Department
P.O..Box 21229
West Palm Beach, FL 33416
ATTN: Roadway Production
CITY OF BOYNTON BEACH
IN WITNESS WHEREOF, the County of Palm Beach, Florida has
caused this Agreement to be signed by the Chairman of the Board
of County commissioners and the seal of said Board to be affixed
hereto and attested by the Clerk of said Board, pursuant--to
authority granted by said Board, and CITY OF BOYNTON BEACH s
caused this Agreement to be signed in its name by its Mayor and
its seal to be affixed hereto, attested by its Clerk, the date
and year first above written.
CITY OF BOYNTON BEACH
PALM BEACH COUNTY, FLORIDA,
BY ITS BOARD OF COUNTY
COMMISSIONERS
By:
Mayor DAT~
By:
Chairman
ATTEST:
ATTEST:
DOROTHY H. WiLKEN,'CLERK
BY:
Clerk DATE
BY:
DATE
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
APPROVED AS TO FORM ANDLEGAL
SUFFICIENCY:
BY:
CITY ATTORNEY
BY:
COUNTY ATTORNEY
h: \ROAD~AY\AGRMT \93\93507A
~=_oo ,,,~
~ LI'I U'I W
,~ 8 ~-.~ '-
o~ o,,, ,,=, ~ ~-o
oo0~ c~ "'i ~ ~_ ,,, c0
wz~w
oo~= ~ ~ ,,,,,,
W W ::D= 0 (.3 0 0 n O~ Om Z nO
n,'n,'~=,. ~(.,1 Z · Iii ~ Z 0 0 (0 Z I.-
PROJECT ~
PROJECT NUMBER- i--~'~''''1/I/c~ ~93S07A ~~ AVENUE INTERSECTION
Attaohment
$86.00
$500.00
$170.00
$276.00
$3,800.00
$1.900.00
$6.730.00