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R93-105RESOLUTION NO. R93-/W.~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR~ND CiTY CLERK TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH~ AND PALM BEACH COUNTY, FLORIDA FOR JOINT PROJECT PARTICIPATION IN CONSTRUCTION FOR MILITARY TRAIL FROM STEINER ROAD TO BOYNTON BEACH BLVD., PALM BEACH COUNTY PROJECT NO. 90516; ~D PROVIDING AN EFFECTIVE DATE. WI~EREAS, the City Commission of the City of Boynton Beach, Florida, upon recommendation of staff, has deemed it to be in the best interests of the citizens and residents of the City of Boynton Beach, FlOrida to execute an Agreement between the City of Boy~ton Beach and Palm Beach Count~, Florida for joint project participation in construction for Military Trail from Steiner Road to Boynton Beach Blvd., Palm Beach County Project No. 90516; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The Mayor and City Clerk are hereby authorized to execute an Contract between the City of Boynton Beach and Palm Beach County, Florida for joint project participation in construction for Military Trail from Steiner Road to Boynton Beach Blvd., Palm Beach County Project No. 90516, 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 July, 1993· CITY OF BOYNTON BEACH, FLORIDA ATTEST: Ci~ Clerk (Corporate Seal ) C( sloner Cormmiss~ner Authsig.doc PBC.Agr AGREEMENT BETWEEN THE CITY OF BO~NTON BEACH i~ND PALM BEACH COUNTY, FLORIDA FOR JOINT PROJECT PARTICIPi~TION IN CONSTRUCTION FOR MILITARY TRA~L FROM STEINER RO~D TO BOYNTON BEACH BLVD Pi~LM BEACH COUNTY PROJECT NO. 90516 THIS &GREEMENT, made and entered into this day of 1993, by and between PALM BEACH COUNTY, a political subdivision in ~the State of Florida, her. ei.n re. ferred to as ~tCOUNTY~ ~nd CITY OF BOYNTON BEACH, a municipality in the State of ~F.l~ri~a, herein referred to as the ~CITY~, NI TNEB SETH : N~RE~, COUNTY and CITY desire to jointly participate in the construction of the water distribution, sewage collection and/or transmission s~stems within the right-of-way of Military Trail from Steiner Road to Boynton Beach Boulevard, and~ governmental units powers by enabling advantage ~ and Florida Statutes, Section 163.01, allows to make the most efficient use of their them to cooperate on a basis of mutual w~ltE~, the execution of agreement is i~ the best interest Df both governmental units by promoting efficient utility construction along Military Trail from Steiner Road to Boynton Beach Boulevard right-of-way referred to previously~ NON, T~REFOI~E, for and in consideration of the mutual covenants contained herein, the Parties to this Agreement agree as follows= 1 RESOLUTION NO. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BGYNTON BEACH, FLORIDA, AUTHORIZING AND D ING THE MAYOR AND CITY TO BOYNTON B~EACH PROJECT NO. 905t6; EFFECTIVE DATE. the Beach bei~ the City of Boynton Be~ ~h~ City Of~ joint City Project No. 90516; NOW, THEREFORE, BE IT THE CITY OF BOYNTON BEACH, Section i. The Mayor authorized to execute an Contr~ Beach and Palm Beach County, participation in construction f Road to Boynton Beach Blvd., 90516, said Agreement being Section 2. That effective ~mme~ately upon p PASSED AND BEACH AND PROVIDING of City of Boynton % of~sta] deemed it to of the lorid& for Trail h County COMMISSION OF: City Clerk are hereby the City of Boynton ~rida for joint project ilitary Trail from Steiner County Project No. d hereto as Exhibit "A". Resolution shall become ~age. day of July, 1993. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk (Corporate Seal) Authsig.doc PBC.Agr C~'TY OF B~Y'h'T~N B~a~ 1. The agreement between COUNTY and the CITY for the Joint Funding of the Improvements to Military Trail from Steiner Road to Boynton Beach Boulevard da~ed January 8, 1991 -! and attached hereto (Attachment ~) Ls incorporated by reference and made part of this agreement. 2. The CITY agrees to pay directly to the COUN~.~ costs attributable to said utility construction as outlined in the Specifications for this project. 3. Said s~mmation of costs is stated in the amount of $ 23,400 in accordance with the attached bid tabulation (&ttachment "B") and summary (Attachment "C") for the specified work. 4. Said costs shall be adjusted upon completion of the project using ns oonstructed~uantities, saidquantities being measured by the Palm Beach County Engineering and Publio Works Department. 5. The CITY agrees to fund those contributions set forth in Paragraphs I through 4 above within thirty (30) days of receiving written notice from the COUNTY that funding is required. 6. The COUNTY is to be responsible for administering the funds in accordance with the Agreement. 7. The CITY is to be responslble for, and agrees to provide or cause to be performed all inspection services during construction of and final certification for the aforementioned utility systems. CITY OF BOYNTON BEACH 8. The cOUNTY shall obtain CITY approval for any change orders which increase the cost attributable to the utility conet-ruction to an amount greater ~han the con~rac~amount as stated in Paragraph, 3 of this agreement. The CITY shall be responsible for ant ~ost oause~,hY~:~the CITY, S delays inoludi~ .bu~not.~limite~ t~,~¢hal~:q~erS~,~tri~t~~e to-the conStruction. 9. In the event that additio~.~ork and funding is required, the additional cost attributable to said utility construction as outlined in the specifications for this project is the responsibility of the CITY. In the event of an under run attributable to said utility construction as outlined in the specification, the CITY will be credited the excess ~mounto 10. All provisions of this ~greement calling for th~ expenditure of ad valoram tax money by either COUNTY ~r CI~ are subject to annual budgetar~ funding and should e~ther Party invmluntarily fail to fund any of their respective obligations pursuant to this Agreement, this Agreement may be terminated. 11. ~ny and all 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, return receipt requested. All notice to CITY shall be sent to~ City of Boynton Beach 100 E. Boynton Beach Blvd Bo~rnton Beach, FL 33435 ATTN= Mr. John Guidry, Director Public Utilities 3 c'rTy OF BOYNTON 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 Pal~ Beach, FL 33416-1229 ATTN: Roadway Production IN NITNES8 ~HK~EOF, the Parties unto this Agreement have set their hands and seals on the day and date first written above. CITY OF BOYNTON BEACH PALM BEACHCOUNTY,FLORIDA, BY ITS SOARD OF COUNTY COMMISSIONERS BY: ATTEST: ATTEST: DOROTHY H. WILKEN, CLERK ( DATE ) BY: (mU'E) APPROVED AS TO FORM/~ND LEGAL LEGAL SUFFICIENCY: APPROVED AS TO FORM AND LEaL SUFFICIENCY: BY: COUNTY ATTORNEY (DATED 6/17/93) be se~t to= George Ti Webb, P.E.f County Engineer Engineering and Public Works Department P..0. Box 21229 West Palm Beach, FL 33416-1229 ATTN= Roadway Production IN NIT~ESS w~OF, the Parties unto this Agreement have set their hands and seals on the day and date first written above. CITY OF BOYNTON BEACH P~LMBE~CHCOUNTY,FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS BY: (DATE) ATTEST: ATTEST: DOROTHY H. WILKEN, CLERK BY: (DATE) APPROVED AS TO FORM AND LEGAL APPROVED ~S TO FORM ~ND LEGAL SUFFICIENCY= LEGAL SUFFICIENCY- BY= BY= CITY ATTORNEY COUL~fY ATTORNEY (DATED 6/17/93) AGREEMENT B~.Tw~..BN THE CITY OF BOYNTON BEAC[- AND PALM BEACH COUNTY, FLORIDA FOR JOINT PROJECT PARTICIPATION IN CONSTRUCTION January 199 t.~ TNIS~A~EEMENT, made and entered into this 8~h d~of by and between tho COUNTY OF PALM BEACH, a poli~al subdi'vision Of hereinafter celled and referred to as the ~COUN~Y~. and~_ the C~ Beach, a municipality in the State of Florida, hereinafter called and referred to as the WITNHHOETH : NIIERE~, the 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 w~KF~, tho COUNTY has caused to be prepared roadway construction plans and specifications for improving Military Tra~l from Stoinar Road to Boynton Beach Boulevard~ and w~, the CITY has caused to be prepare, utility construction plans and specifications for water distributionf sewage ool~action and/or transmission s~stems for the aforementioned portion of Military Trail which will serve portions of its service area~ and ~RF~ both CITY and the COUNTY declare that it ~ ' in ~he public interest that the water distribution, sewage collection and/or 2ransmiseion systems be constructed with the aforementioned Military Trail improvements~ and 1 CITY OF BO~TON BRACH A(~REEMENT k~RF~B, theCITy has budgeted Eunds for cooperation in Construction of the water distribution, sewage Collection, and/or transmission systems along the authorized service section of Military Trail~ and ~HERE~, the CITY is desirous of funding the costs for construction of the water distribution, sewage collection and/or transmission systems which benefit the CI~y~ and NHERE~S, the CITY will perform eli inspections, testing and certifications required for the water distribution, sewage collection ~nd/or transmission systems to insure compliance with their specifications and permits~ NoWv ~u~REFOIIE, for end in consideration of the mutual covenants contained herein, the Parties to this Agreement agree as follows= The recitals set forth above are incorporated in this agreement. hereby adopted and The COUNTY agrees to= Advertise for bidsF submit bids to the CITY for review~ and award a contract for the construction -of Military Trail improvements, water distributions~ sewage collection and/or transmission systems which ere to be owned by the CITY. Administer the above contract and administer the funds in accordance with this agreement. Supply the CITY ~ith · contract audit ~n accordance with standard accounting procedures ehich re.fleet total, £inal costs of the water distribution, sewage collection and/or transmission systems, upon completion of this project. 3s :The CITY agrees to= Use a professional engineer seleated by the CITY to prepare design plans for the construction of the water distribution, sewage collection and/or transmission systems and obtain all necessary permits for the project. Pay the costs of engineering services to accomplish design plans for the construction of the water distribution, sewage collection and~or transmission systems for the project. Provide or cause to be performed all inspection services for the construction of the water distribution, sewage collection and/or transmission systems during construction of and final certification for the aforementioned water and sewer systems. De To the extent that the CITY is charged with design for the construction of the water distribution¢ sewage collection and/or transmission systems of the project, the CITY agrees to be responsible ~ any and all liability with regard to its performance o£ the requirements of this agreement. 3 ATTACHMENT "A" (~XTY OF BOYNTON BEACH A~P~EMENT Eo TO contri~bute and to forward to the COUNTy the funding for the actual costs of construction of the water distribution, sewage collection and/or transmission systems, c°n~riButions ~nd funding for the cost o£ such construction shall be paid by the CITY as such costs eccrue~and within 30 days after a bill for same~has~een sent by the COUNTY to the CITY. 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 shall retain one (1) copy. ~All shall be consi~ered an original. Any and all notices required or ~ermitted to he given here under shall be deemed received five (B) days after same are deposited in U.S. Mail sent via cert~fied mail, return receipt requested. All notices to the CITY shall be sent dohn A. Guldry, Director oF CiTY OF BOYNTON BEACH I24 S.E. 15th Avenue Boynton Beach, Florida ~34~5 Utilities All notices to the COUNTY shall be sent to= H~F.~Kahlert~ P~E.~ County Engineer Eng~nee~ing ~nd PUblic Works DePartment P.O. Box 2429 West Palm Beach, FL 33402 ATTN~ Roadway Production CITY OF BOYNTON BE&~ · N ~H ~F, the count~ of P~lm Beach, F~or~da has caused this agreement :to 8[~ed by the Cha~an of tho Board of Co.n~ ~. ~ Conis~ers and tho seal of sa~d BOard ~o be affixed ~=~o anti,attested bY 'the Clerk of sai~ Bo~d, ~rsu~t to autho=~t~ grante~ ,by~ sa~ Boar~, an~ the City of Bo~nton Beach secreta~, t~ date ~Ud -~ear. f~rst above CITY OF BO~ON BEACH PALM BEACH COURTY, FLORIDA, /~~. ," BY ITS BOARD OF COUNTY co~oilERs I", ~'OHN S. DUNKLEg' I~LERK' "' .' BY~ ~* ~,. - '-" Deputy Cle~.-' BUFFICIENCY: COUNTY ATTORNEY ATTACHHENT "C' PROJECT NANE: NILITARY TRAIL FR~ STEINER ROAD TO BOY#TON BEACH SLVD BID OPENING DATE= JUNE S, 1~3 PROJECT CITY OF BOYNTON BEACH ITEN GUANTITY/U#ITS UNIT PR]CE TOTAL 22 INLETS (CURB)(TYPE J-5)(CONFLICT) 6 EA $3,500.00 15 INLETS (CURB)(TYPE P-5) 22 EA $1,550.00 DIFFERNCE BETWEEN ITEH # 27 & ]TEH # 30 4.5 EA $1,950.00 $8,775.00 ~ INLETS (CURS)(TYPE J'5)(CONFLICT) 6 EA $3,500.00 21 INLETS (CURS)(TYPE d-5) 8 EA $~,500.00 DIFFERENCE BETWEE# ITEN #22 AND ITEN #21 1 EA S1,000.00 $1,000.00 16 INLETS (CURB)(TYPE P-5)(COflFLICT) 4 EA $2,525.00 15 INLETS (CURB)(TYPE P-5) 22 EA $1,550.00 DIFFERENCE BETUEEN ITEH # 16 AND ITE# # 15 3 EA $975.00 $2,925.00 72 BRACING/SUPPORTING ~ATER HAIN 200 LF $10.00 $2,000.00 73 BRACING/SUPPORTING SEb*ER HA]N 200 LF $10.00 $2,000.00 77 HANNOLE (P-TT)(CONFL]CT) 3 EA $1,750.00 $5,250.00 78 ADJUST VALVE BONES 20 EA $50.00 $1,000.00 79 ADJUST NANNOLEB 3 EA $150.00 $450.00 $23,400.00