R95-042RESOLUTION NO. R95-~
A RESOLUTION OF THE CITY CO~ISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING AND DIRECTING CERTAIN THE
MAYOR AND CITY CLERK TO ENTER INTO A
JOINT PROJECT PARTICIPATION AGREEMENT FOR
ROADWAY IMPROVEMENTS TO THE L-28 TO L-30
CANAL PROJECT NO. 90508, BETWEEN THE CITY
OF BOYNTON BEACH AND PALM BEACH COUNTY;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City and 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, the County has caused to be prepared roadway
construction plans and specifications for improving Congress
Avenue from the L-30 Canal to the L-28 Canal; and
WHEREAS, the City Commission of the City of Boynton
Beach, upon recommendation of staff, declares that it is in
the public interest that the utility adjustments and, conflict
resolution to the water distribution and/or sewage
transmission system along the authorized service section of
Congress Avenue from the L-30 Canal to the L-28 Canal and the
City is desirous of funding the costs for the construction of
the Work which benefits the City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT=
~ The City Commission does hereby authorize
the Mayor and City Clerk to execute an Agreement between Palm
Beach County, Florida and the City of Boynton Beach for jolnt
project participation in construction for Congress Avenue from
the L-30 Canal to the L-28 Canal, known as Project No. 90508,
said Agreement being attached hereto as Exhibit "A".
Section 2. That this Resolution
effective immediately upon passage.
shall become
PASSED AND ADOPTED this ~ day of April, 1995.
CITY OF BOYNTON BEACH, FLORIDA
ViC e Mayor .~~
ATTEST:
Mayor Pro Tem '
/ Commas ~ner
(Corporate Seal)
PBC. ~R
L-30 - L-28 CanaPro.
3/17/95
AGREEMENT BETWEEN PALM BEACH COUNTY,
AND
THE CITY OF BOYNTON BEACH
FOR JOINT PROJECT PARTICIPATION IN CONSTRUCTION
FOR CONGRESS AVENUE FROM THE L-30 CANAL TO THE L-28 CANAL,
PALM BEACH COUNTY, FLORIDA
PALM :BEACH COUNTY PROJECT NO. 90508
THIS ~GRBEMBNT, 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 municipality in the State of Florida, hereinafter
called and referred to as the "CITY",
WITNBSHBTH s
WHEREAS, the CITY and the COUNTY are authorized to enter
into this agreement pursuant to Section 163.01, Florida
St&~tes, as amended, which permits' iocal 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
WHBRB~%S, the COUNTY has caused to be prepared roadway
construction plans and specifications for improving Congress
Avenue from the L-30 Canal to the L-28 Canal, hereinafter,
called and referred to as the "Project;" and
WHERE., both the CITY and the COUNTY declare that it is in
the public interest that the 9tility adjustments and, conflict
resolution to the water distribution and/or sewage transmission
system along the authorized service section of Cona~J Avenue
from the L-30 Canal to the L-28 Canal; hereina£ter, called and
referenced to as the "Work", be included in the aforementioned
Project; and
RESOLUTION NO. R95-~k_~
A RESOLUTION OF~THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING N THE
MAYOR AND INTO A
5-30
:TY
this ac
as amended,
most effici
cooperate
advantage;
other on a
WHEREAS,
construction plans
Avenue from the L'30
%zed to enter into
rida Statutes,
ts to make the
enabling them to
basis of mutual
the County~ has ~caused ~to be prepared roadway
.tions for improving Congress
to the L-28 Canal;~ and
WHEREAS, the City Con~nission of the City of Boynton
Beach, upon recommendation of staff, declares that it is in
the public interest that the utility adjustments and, conflict
resolution to the water distribution and/or sewage
transmission system along the authorized service section of
Congress Avenue from the L-30 Canal to the L-28 Canal and the
City is desirous of funding the costs for the construction of
the Work which benefits the City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
TH~.CITY OF BOYNTON BEACH, FLORIDA, THAT:
~ The City Commission does hereby authorize
the Mayor and City Clerk to execute an Agreement between Palm
Beach County, Florida and the City of Boynton Beach for joint
project participation in construction for Congress Avenue from
the L-30 Canal to the L-28 Canal, known as Project No. 9'0508,
said Agreement being attached hereto as Exhibit "A"
~ That this Resolution
effective immectiately upon passage.
shall become
day of April, 1995.
PASSED ANDADOPTED this
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Mayor Pro Tem
Commissioner
ATTEST:
Commissioner
City Clerk
(Corporate Seal)
PBC.AGR
L-30 - ~-28CmnaPro.
3117195
CITY OF BOYNTON BEACH
NNERE~B, the CITY is desirous of funding the costs for the
construction of the Work which benefits the CITY; and
NHBREAS, the CITY will perform all inspections, testing and
certifications reqUired for the Work to insure compliance with
the CITY'S specifications and permits;
NOW, THE~POR~, for and in consideration of the mutual
covenants contained herein, th~ Parties to this Agreement agree
as follows:
The recitals set forth above are hereby adopted and
incorporated in this agreement.
The. COUNTY agrees, to:
Ac
Advertise for bids, submit bids to the CITY for
review, and award a contract for the Work which
is to be owned by the CITY.
Be
Administer the above contract and administer the
funds in accordance with this Agreement.
Ce
Supply the CITY with a contract audit in
accordance with standard accounting procedures
which reflects total, final costs of the Work
upon compIetion of the Project.
Do
any and all
performance
agreement.
To the extent the County is charged with design
for the roadway construction plans of the
project, the COUNTY agrees to be responsible for
liability with regard to its
of the requirements of this
2
CITY OF BOYNTON BEACH
3. The CITY agrees to:
Ac
Provide or cause to be provided all inspection
services and final certification for the Work.
Be
The CITY agrees to be responsible for any ~
all liability with regard to its performance_ ~
the requirements of this agreement to the extent
allowed by Florida law and subject to the
requirements and limitations of Florida statues,
Section 768.28.
Ce
De
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 the CITY as such costs
accrue within 30 days after a bill for same has
been sent by the COUNTY to the CITY.
Said s-mmation of costs is stated in the amount
of $20,080.00 in accordance with the attached
bid tabulation (Attachment "A") and summary
(Attachment #B#) for the specified work.
Costs shall be 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. --
3
CITY OF BOYNTON BEACH
If the CITY fails to agree to the low bidder's
contract prices, the CITY will perform the work
Without any delay or expense to the Project or
to the COUNTY.
4. THE COUNTY shall obtain the CITY'S approval for any
change orders which increase the cost attributable to
the Work to an amount greater than the contract amount
stated in Paragraph 3 (D) of this agreement. The
· as
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.
Se
In the event that additional work and funding is
required, the additional cost attributable to said
Work is the responsibility of the CITY. In the event
of an under run attributable to said Work, the
CITY will be credited the excess amount.
Without ~waiver of limitation as provided for in
Section 768.28 (5), Florida Statues, and to the extent
permitted by law, the COUNTY agrees to indemnify and
hold harmless the CITY from any claims, losses,
demands or cause 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.
4
CITY OF BOYNTON BEACH
7. Without waiver of limitation as provided for in
Section 768.28 (5), Florida Statues, and to the extent
CITY agrees to indemnify and
hold harmless the COUNTY from and against any claims,
losses, demands or cause of action whatsoever kind-~r
that the COUNTY, its agents or employees, may or co ..... ~d
sustain as a result of or emanating out of the terms
and conditions contained in this agreement that result
from the CITY'S negligence or willful misconduct.
Both the COUNTY and the 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 the CITY s~ll
retain one (1) copy. All shall be considered ~n
original.
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 the CITY shall be sent to:
The City oD Boynton Beach
I00 E. Bo~nton Beach Boulevard
Boynton Beach, FL 33425
ATTN:
John Guidry,
Director of Utilities
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
5
CITY OF BOYNTON BEACH
IN WITNESS WHEREOF, the County of Palm Beach, Florida has
caused this Agreement to be signedbythe Chairman of the Board
of CountyCommissioners 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 The CITY OF BOYNTON BEACH
has caused this Agreement to be signed in its name by its
chairman~ and~its seal to be affixed hereto, attested by its
Secretary, the date and year first above written.
CITY OF BOYNTON BEACH
PALM BEACH COUNTY, FLORIDA,
BY ITS BOARD OF COUNTY
COMMISSIONERS
By:
Chairman DATE
ATTEST:
ATTEST:
DOROTHY H. WILKEN, CLERK
BY:
Secretary DATE
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
BY:
DATE
APPROVED ASTO FORM ANDLEGAL
SUFFICIENCY:
BY:
CITY ATTORNEY
BY:
COUNTY ATTORNEY
h: \ROkD~AY~GRHT\90\90508. CBB
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PROJECT NAHE: CONGRESS AVENUE FIFO4 L-lO CANAL TO L-28 CANAL
PROJECT NLJI4BEN: 90508
CITY OF
BOYNTUN BEACN
ATTACHNENT NB'' ~--
ITEN QUANTITY/UNITS UNiT PRICE N4OUNT
20 INLET CTYPE P-Z)((IO')Cla/SLEEVE)
16 INLET (CURB)¢TYPE P-2)C~10')
DIFFERENCE BET~EEII 20 & 16
1 EA S5,300.00 S5,300.00
1 EA $3,380.00 S3,380.00
S1,920.00
21 INLET (TYPE J-1)Cc19')(WSLEM) 4EA S5,050.00
17 iNLET CCUK~B~).~CTYPE J-l) (clQ,) 4 EA S3,705.00
DIFFERENCE BEITEEN 21 & 17
22 INLET (TYPE J-I)C)IO')(WSLEEVE) 2 EA S5,250.00
18 INLET (CURB)(TYPE J-I)C)IO') 2 EA S~,055.00
DIFFERENCE KTtdREN 22 & 18
7.3 INLET (TYPE J-2)C~IO')CWSI. EEVE) 3 EA S5,465.00
19 INLET (CURB)(TYPE J-2)(~10') 3 EA S~,400.00
DIFFERENCE RETI~EN ~J& 19
HANHOLE (TYPE J-TNT)C)IO')Ct,I/SLEEVE)
DIFFERENCE RETtdEEN 22 & 18 I EA
66 ADJUST VALVE BOXES 8EA S275.00
71 DCX.JBLE ROC[ BASE (13")(UTiLZTY) 200 SY S19.00
TOTAL
S20,200.00
S14,820.00
S5,]80.00
$10,500.00
$8,110.00
$2,390.00
S16,395.00
S13,200.00
S3,195.08
S5,250.00
S~,055.00
Sl, 19S.00
$2,200°00
S3,800.00
S20,080.0Q