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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