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R01-238RESOLUTION R01- ,A2~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND Ci'I-Y CLERK TO EXECUTE A JOINT PARTICIPATION/FUNDING AGREEMENT BE-I'WEEN THE CITY OF BOYNTON BEACH (CITY) AND PALM BEACH COUNTY (COUNTY) FOR THE CONSTRUCTION OF GATEWAY BLVD. - JOG ROAD TO MILITARY TRAIL, AUTHORIZING AN EXPENDITURE NOT TO EXCEED $4,555.00; AND PROVIDING AN EFFECTIVE DATE. WHER~S, the C~'I-Y and the COUNTY desire to jointly participate in the construddon~f utility adjustmer~ts ,to water distribution and/or sewage transmission SYstems 'and l Other improvements, along Gateway Boulevard - log Road to Military Trail; and WHEREASf said expenditures shall not exceed the amount of $4,555 for the re ocatibn, adjustment or construction of utility lines; NOW, THEREFORE,, BE TT RESOLVED BY THE CITY COF4~ITSSTON OF THE CTT~ OF BOYNTON BEACH, FLORTDA, THAT: _Section 1. The foregoing "WHEREAS" clauses are true and correct ~nd hereby ratified and confirmed by the City Commission. Section 2. The City Commission of the City of Boynton Beach, :lorida does hereby authorize and direct the Mayor and City Clerk to execute a ]o nt Participation/Funding Agreement between the City of B. oynton Beach and Pa m Beach County, a Copy of which Agreement is attached hereto as Exhibit "A". Section 2. }assage. This Resolution will become effective immediately upon PASSED AND ADOPTED this ~,1 day of August, 200:].. C~-I-Y OE BOYN O B H, FLORIDA ~o~ ~ c?,,[~,,,,,,,,,,,,,,~, AGREEMENT BETWEEN PALM BEACH COUNTY, FLORIDA AND THE CITY OF BOYNTON BEACH FOR JOINT PARTICIPATION AND PROJECT FUNDING IN CONSTRUCTION OF GATEWAY BOULEVARD; JOG ROAD TO MILITARY TRAIL PALM BEACH COUNTY, FLORIDA PALM BEACH COUNTY PROJECT NO. 97506 THIS AGREEMENT, made and entered into this oQ I d~y of I~t.to o.~5'r- 2001, by and between PALM BEACH COUNTY, a political subdivision in the State of Florida, herein referred to as "COUNTY" and the "CITY OF BOYNTON BEACH", a municipality in the State Of Florida, herein referred to as the "CITY", WlTNESSETH: WHEREAS, COUNTY and CITY desire to jointly participate in the construction ofutihty adjustments to water distribution and/or sewage transmission systems and other improvements, hereinafter referred to as the "Work" along the fight-of-way of Gateway Boulevard fi~om log Road to Military Trail roadway improvernents, hereinafter referred to as the "Project"; and WHEREAS, Florida Statutes, Section 163.01, allows governmental units m make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage; and WHEREAS, both COUNTY and CITY declare that it is in the public interest that the "Work" be constructed with the aforementioned PROJECT; and NOW, THEREFORE, for and in consideration of the mutual covenants contained herein, the Parties to this Agreement agree as follows: 1. The CITY agrees to pay directly to the COUNTY costs attributable to construction of the "Work" along the right-of-way of the "Project" as outlined and shown in the Bid Documents for Palm Beach County Project No. 97506. AGREEMENT WITH THE CITY OF BOYNTON BEACH 2. Said summation of costs is stated in the mount of $ 4,555.00 in accordance with the attached bid tabulation (Attachment "A") and summary (Attachment "B") for the specified work. 3. 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. 4. The CITY agrees to fund those contributions set forth in Paragraphs 1 through 3 above within thirty (30) days of receiving written notice from the COUNTY that funding is required. 5. The COUNTY is to be responsible for administering the funds in accordance with the Agreement. 6. The CITY is to be responsible for, and agrees to provide or cause to be performed all inspection services during construction of the "Work" and final certification for the aforementioned "Work" as it relates to the CITY's work 7. The COUNTY shall obtain CITY approval for any change orders which increase the cost attributable to the construction ofutihty adjustments to water distribution and/or sewage transmission systems and other improvements to an amount greater than the contract amount as stated in Paragraph 2 of this agreement. The CITY shall be responsible for any cost caused by the CITY's delays including but not limited to change orders attributable to the roadway improvemcmts as it relates to the CITY's work. 8. tn the event that additional work and funding is required, the additional cost attributable to said construction of the "Work" as outlined in the specifications for this project is the responsibility of the CITY. In the event of an under run attributable to said construction of the "Work", as outlined in the specification, the CITY will be credited the excess amount. 2 AGREEMENT WITH THE CITY OF BOYNTON BEACH 9. The CITY shall indemnify, defend, and hold harmless the COUNTY against any actions, claims, or damages arising out of CITY's negligence in connection with this Interlocal Agreement to the extent permitted by law. The foregoing indemnification shall not constitute a waiver of sovereign immtmity beyond the limits set forth in Section 768.28, Florida Statutes. nor shall the same be construed to constitute agreement to indemnify the COUNTY for the COUNTY's negligent acts or omissions. 10. The COUNTY shall indemnify, defend, and hold harmless the CiTY against any actions, claims, or damages arising out of COUNTY's negligence in connection with this Interlocal Agreement to the extent permitted by law. The foregoing indemnification shall not constitute a waiver of sovereign kmm~mity beyond the limits set forth in Section 768.28, Florida Statutes, nor shall the same be construed to constitute agreement to indemnify the CITY for the CiTY's negligent acts or omissions. 11. All provisions of this Agreement calling for the expenditure of ad valorem tax money by either COUNTY or CITY are subject to annual budgetary funding and should either Party involuntarily fail to fund any of their respective obligations pursuant to this Agreement, this Agreement may be terminated. 12. Any and ail notices required or permitted to be given hereunder shall be deemed received three (3) days after same are deposited in U.S. Mail sent via certified mail, remm receipt requested. All notice to the CITY shall be sent to: City of Boynton Beach 124 East Woolbright Road Boyn~ton Beach, F1 33435-6040 ATTN: Mr. Peter V. Mazzella Assistant Director of Utilities All notice 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 33416-1229 ATTN: ROADWAY PRODUCTION AGREEMENT WITH THE CITY OF BOYNTON BEACH IN WITNESS WHEREOF, the Parties unto this Agreement have set their hands and seals on the day and date first written above. R2001 1986 )tOV 2 ri 2001 CITY OF BOYNTON BEACH PALM BEACH COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS ATTEST: ' - - ~' ~_ · ,CITYCLERK BY: (DATE) BY: Warr? H. Newell, Chairman ATTEST: DOROTHY H. WILKEN,~,2~.:... %,,,,.. By:. By: APPROVED AS TO FORM AND LEGAL SUFFICIENCY COUi~ AT~dP,~EY F:K~.OADWAY~AGRMTk97506BBU-J2F.doc pROJECT NAME: GATEWAY BOULEVARD; JOG ROAD TO MIUTARY TRAIL PROJECT NUMBER: 97606 ITEM UNITS QTY REGULAR ROADWAY PAY ITEMS 2 MAINTENANCE OF TRAFFIC l INCLUDES PEDESTRIAN M,O,T;.) (~EE SP'$) NPDES COMPUANCE (SEE SP's) FLOATING TURBiOITY BARRIER CT:RARtNG AND GRUBBING REGULAR EXCAVATION ' CHANNEL EXCAVATION TOTAI~ REGULAR ROADWAY PAY ITEMB PALM BEACH COUNTY ENGINEERING AND PUBLIC WORKS DEPARTMENT ROADWAY PRODUCTION DIVISION - BID TABULATION Hardrives of Delray Inc. Mora Engineering Ranger Construction Contractors, Inc, Industries, Inc. UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT Community Asphalt Corporation, Inc. AVERAGE UNIT PRICE UNIT PRICE AMOUNT Weekley Asphalt Paving, Inc. UNIT PRICE AMOUNT S230,000,00 S200,000.00 $200~000,00 $200,000.00 $130,000.00 S130,0G0.00 _ .$1%OO0.OO ~$t5,000.00 S16.000.00 I$3'292'729'43 I [$3,277,801,60 ] ( $3,365,086.78 ] $1,2oo.~o :~' ~ S2;lob.do.:' ' I of 3 PROJECT NAME: GATEWAY BOULEVARD; JOG ROAD TO MILITARY TRAIL PROJECT NUMEER: 97506 ITEM UNITE QTY PALM EEACH COUNTY ENGINEERING AND PUBLIC WORKS DEPARTMENT ROADWAY PRODUCTION DIVISION - BID TABULATION Hardrlve$ of Delray, Inc. Mora Engineering Ranger Construction UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT TOTAL CONTINGENCY ITEMS UTILITY ITEMS TOTAL UTiLiTY ITEMS $87,3gg,g0 r I $s~,28~.o0 1 I s3g'4gg'2gl I s2g,g3g.g3 ] AVERAGE UNIT PRICE Community Asphalt Corporation, Inc. UNiT PRICE AMOUNT Weekley Asphalt Paving, Inc. UNIT PRICE AMOUNT 620.60 $36.22 $1,608.33 $37.68 843,35 S46.02 S49.42 $66,07 $10,00 $3,880.00 S10.00 $4,050.00 $1,600.00 $1,$00,00 S15.00 S760.00 S15,OO $760.00 $24,40g.00 $24,874.58 $34,897,80 I $t.770.00 $1.770.06 I $E,,78~.8o I 2 of $ PALM BEACH COUNTY ENGINEERING AND PUBLIC WORKS DEPARTMENT ROADWAY PRODUCTION DIVISION - BID TABULATION PROJECT NAME: GATEWAY BOULEVARD; JOG ROAD TO MILITARY TRAIL PROJECT NUMEER: 97506 ITEM UNITS Hardrtves of Delray, Inc. Mora Engineering Ranger Construction Contractors. inc. Industries. QTY UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT AVERAGE UNIT PRICE Community Asphalt Corporation, Inc. UNIT PRICE AMOUNT BRIDGE ITEMS I 6777,~o8.~o] f s8~,so2,5o~ I $°5°'95°'5°1 TOTAL BRIDGE ITEMS WeekleyAsphait Paving, Inc. THE ITEMS AND QUANTITIES ABOVE, 2HALL GOVERN OVER THE pLANS. PAYITEM FOOTNOTES IN CONSTRUCTION PLANS SHALL ALSO BE INCLUDED IN ITEM U~IT PR CE THE TOTAL BID INCLUDES PAY ITEMS FOR ROADWAy, CONTINGENCY, I~TIU'~, AN~ 9~DGE, ALL STRUCTURES BOXES ARE ';3M IN DEPTH, UHLESS OTHERWISE NOTED, iTEM #2 MOT o INCLUDES ALL iTEMS WHICH ARS NOT INCLUDED FOR PAYMENT UNDER BEPARAT; ITEMS. ALSO INCLUDED IS PEDESTRIAN MOTIN ACCORDANCE WITH GP-t8 OF THE SPECIFICATIONS AND B~IDOE ~M.O.T. ' ITEMS #12 THRU 21E INCLUDE BITUMINOUS MATERIAL & TACK COAT AS REQUIRED. ITEMS 229 THRU #3t COST OF BREAKING INTO EXISTING STRUCTURES IS INCIDEHTAL TO COST OF PIPE. ITEM 535 CONC. EIDEWALK - INCLUDES CURB CUT RAMPs iN ACCORDANCE l~l'r~ F~)T INDEX. ITEN ~41 SODDING - 2HALL BE IN ACCORDANCE WiTH GP-31 OF THE~E SPECIFICATIONS. ITEM #$2 & #$3 - NCLUDE CONCRETE COLLARS, RISERS, AND LOCKING LIDS, AS REQUIRED. ITEM #76 INCLUDES SUPERSTRUCTURE. SUBSTRUCTURE, ANDAPPROACfl SLABS, ITEM #78 INCLUDES 4" PVC CONDUIT IN SIDEWALK OVER BRIDGE, UNIT PRICE AMOUNT I m5,~95.2s I [~,~p.~5~.~o] 3 of 3 ATTACH3IENT "B" PROJECT NAME: GATEWAY BOULEVARD; JOG ROAD TO MILITARY TRAIL PROJECT NUMBER: 97506 Hardrives of Delray, Inc. ITEM QUANTITY/IINITS UNIT PRICE AMOUNT CONTINGENCY ITEMS 62 63 ADJUST VALVE BOX (INCLUDES 10 EA $ 295.00 $ 2,950.00 CONCRETE COLLAR) 3 EA $ 535.00 $ 1,605.00 ADJUST UTILITY MANHOLE CONTINGENCY ITEMS SUBTOTAL $ 4,555.00 GRAND TOTAL $ 4,555.00 F:~ROADWAY~AGRMT~97506BBU~SUM.doc Department of Engineering and Public Works P.O. Bo× 21229 West Palm Beach. FL 33416-1229 (561) 684-4000 www.pbcgov, com Palm Beach County Board of County Commissioners Warren H. NewelL Chairman Carol A. Roberts Vice Chair Iqaren T, Marcus Mary McCarty Bur[ Aaronson Tony Masilotti Addle L. Greene December 12. 2001 City of Boynton Beach 124 East Woolbright Road Boynton Beach, FL 33435-6040 ATTN: Mr. Peter V. Mazzella Assistant Director of Utilities JOINT PROJECT PARTICIPATION/FUNDING AGREEMENT IN THE CONSTRUCTION OF GATEWAY BOULEVARD FROM JOG ROAD TO MILITARY TRAIL PALM BEACH COUNTY PROJECT NO. 97506 Dear Mr. Mazzella: Enclosed is an executed agreement for the above referenced project approved by the Board of County Commissioners on November 20, 2001. If you have any questions regarding this matter, please feel free to contact this office Sincerefffv~ ~OOmelio A. Fernandez, P.E., Director Engineering & Public Works Operations OAF/TNM:j d Enclosure pc: Edwin A. Jack, P.E., Deputy County Engineer Marlene R. Everitt, Assistant County Attorney - w/attach. Carl R. Miller, Director, Construction Coordination - w/summary Tanya N. McConnell, P.E., Five Year Road Program ManageffRoadway Production William R. Sears, P.E., Project Engineer/Roadway Production Division Carl L. Hussey, P.E., Utility Coordinator, Roadway Production -w/attach. Liz Purvis, Senior Budget Analyst, Budget Division/OFMB Richard Farquhar, Fiscal Manager I, Administrative Services - w/attach. F:kROADWAY\AGRE~.TS\97506 CBB-EXE doc Agenda Item #: 3 - C- 3 PALM BEACH COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY ~ Meeting Date: November 20,2001 [X] Department: Submitted By: ConSent [ ] Regular Workshop [ ] Public Hearing Engineering & Public Works Submitted For: Roadway Production Division PROJECT #97506 I. EXECUTIVE BRIEF Motion and Title: Staff recommends motion to approve: A Joint Project ParticipationfFunding Agreement with the City of Boynton Beach (City) for the utility construction to be incorporated into the County's construction of Gateway Boulevard from Jog Road to Military Trail. Summary: As part of the County's Gateway Boulevard roadway improvement project, the County and the City desire to jointly participate in the utility adjustments to the water distribution and sewage ~ransmission systems, and other improvements along the right-of-way. The City agrees to reimburse the County for the cost of these utility adjustments and other/mprovements. Based on the enclosed bid tabulation, the total estimated costs for the utility construction are $ 4,555. This Agreement will allow the City' s utility adjustments and other improvements to occur as a component of the County's construction. The City will pay all construction costs associated with the utitify work and perform all construction inspection of their work. District: 3 (M.ILE.) Background and Justification: The City agrees to pay directly to the County all costs attributable to the utility construction of those City owned improvements for Gateway Boulevard from Jog Road to Military Trail. The inclusion of these utility adjustments and improvements, along with the roadway construction, wilt facilitate coordination and minimize disruption by accomplishing both roadway and utility work concurrently. The construction contract for this project was approvedby the Board on September 11, 2001. Attachments: 1. 2. Location Sketch Joint Project Participation Agreement (with attachments A and B) (2) . . D~ws:"~on Director l~e Approved By: Date II. FISCAL IMPACT ANALYSIS A. Five Year Summary of Fiscal Impact: Fiscal Years 2002 2003 2004 2005 2006 Capital Expenditures Operating Costs 4,555 -0- -0- -0- -0- -0- -0- -0- -0- -0- External Revenues 4~555 -0- Program Income (County) -0- -0- ImKind Match (County) -0- -0- -0- -0- -0- -0- -0- -0- -0- -0- -0- -0- -0- -0- -0- -0- NET FISCAL IMPACT # ADDITIONAL FTE POSITIONS (Cumulative) Is Item Included in Current Budget? Yes X No__ Budget Acct No.: Fund 360 Agency 361 Org. 0638 RevSrcObject6948/6551 Reporting Category Recommended Soumes of Funds/Summary of Fiscal Impact: Transportation Improvement Fund Utility Relocation Reimbursement Gateway Blvd/Jog Road to Military Trail C. Departmental Fiscal Review: v~,~%~ III. REVIEW COMMENTS A. OFMB Fiscal and/or Contract Dev. and Control Comments: OFM?~// . Approved as to Form and Legal Sufficiency: A~istant -County Attorney / Ccmtract Control/ ' This Contract ¢ompli~ with om' con~¢t rovicw r~uircmenls, C. Other Department Review: Department Director This summary is not to be used as a basis for payment. 2 F:\COM MON\WP~AgendaPage2\ag npgtwo2002\000015.wpd LAKE ATTACHMENT "A" PROJECT LOCATION PROJECT #97506 GATEWAY BOULEVARD FROM JOG ROAD TO MILITARY TRAIL (CITY OF BOYNTON BEACH WATER & SANITARY MAIN UTILITY ADJUSTMENTS & OTHER IMPROVEMENTS) CLUB 0 -- HYPOLUXO J224!t L-la Cam Canal CITY OF ~-~ BOYNTON BEACH GOLF COURSE Cai!a! GOLF COURSE L-21 Canal WAY... FD L-24,,~ "BEACH LOCATION SKETCH