R02-037DUE TO A SCRI'VENER'S ERROR,
PROPOSED RESOLUTtON NO. R02-017 - RE: APPROVTNG 3OTNT
PRO3ECT PARTZCtPATZON/FUNDZNG AGREEMENT WZTH PALM BEACH
COUNTY FOR THE CONSTRUCTI'ON OF BOYNTON BEACH BOULEVARD AND
MZLI'TARY TRATL TNTERSECTTON I'MPROVEMENTS TN AN AMOUNT NOT TO
EXCEED $27f220
AS TT APPEARED ON THE CTTY COMMTSSI'ON AGENDA FOR
03/05/02
HAS BEEN CHANGED TO NUMBER R02-037
RESOLUTION R02-
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING THE MAYOR TO EXECUTE A JOINT
PARTICIPATION/FUNDING AGREEMENT BETWEEN
THE CITY OF BOYNTON BEACH AND PALM BEACH
COUNTY FOR THE CONSTRUCTION OF BOYNTON
BEACH BLVD., AND MILITARY TRAIL
INTERSECTION IMPROVEMENTS; AUTHORIZING
AN EXPENDITURE NOT TO EXCEED $27,220.00;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the CITY and the COUNTY desire to jointly participate in the
)nstmction of utility adjustments to water distribution and/or sewage transmission
and other improvements, along the right-of-way of Boynton Beach Boulevard
r Trail Intersection Improvements; and
WHEREAS, said expenditures shall not exceed the amount of $27,220, for the
adjustment or construction of utility lines;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing "WHEREAS" clauses are true and correct and
ratified and confirmed by the City Commission.
Section 2. The City Commission of the City of Boynton Beach, Florida does
authorize and direct the Mayor and City Clerk to execute a Joint
,~ Agreement between the City of Boynton Beach and Palm Beach
a copy of which Agreement is attached hereto as Exhibit "A".
Section 3. This Resolution will become effective immediately upon passage.
PASSED AND ADOPTED this ~' day of March, 2002.
Commissioner
Clerk
BBB and Military Trail
The Cit of
Bo nton Be ch
I00 E. Bo. pnton Beach Boulevard
P.O. Box $10
Boynton Beach, Florida 33425-0310
(561) 742-6060
FAX: (561) 742-6090
March 13, 2002
Mr. Omelio A. Fernandez, P. E. Director
Engineering/Public Works Operation
P. O. Box 21229
West Palm Beach, FL 33416-1229
RE: ROADWAY PRODUCTION
Dear Mr. Fernandez:
Attached please find a copy of Resolution #R02-037 and three partially signed
original Joint Project Participation/Funding Agreement, in the construction of Boynton
Beach Blvd. and Military Trail Intersection improvements Palm Beach County Project
No. 94113. After these agreements have been executed, please return one signed
document to me for our Central Files.
If you have any questions, please do not hesitate to contact me.
Sincerely,
CITY OF BOYNTON BEACH
JANET M. PRAINITO, CMC
CITY CLERK
C: Pete Mazzella, Asst. to the Director
S:\CC\WFALetters\Dept. of Eng;, & Public Works PBC.doc
"An Equal Opportunity/Affirmative Action/ADA Employer"
R200
AGREEMENT BETWEEN PALM BEACH COUNTY, FLORIDA
AND
THE CITY OF BOYNTON BEACH
FOR JOINT PARTICIPATION AND PROJECT FUNDING
IN CONSTRUCTION OF
BOYNTON BEACH BOULEVARD AND
MILITARY TRAIL INTERSECTION IMPROVEMENTS
PALM BEACH COUNTY, FLORIDA
PALM BEACH COUNTY PROJECT NO. 94113
MAY I1 7 ~00~
THIS AGREEMENT, made and entered into this day of
2002, 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",
WITNESSETH:
WHEREAS, COUNTY and CITY desire to jointly participate in the
construction of utility adjustments to water distribution and/or sewage transmission systems
and other improvements, hereinafter referred to as the "Work" along the right-of-way of
Boynton Beach Boulevard and Military Trail Intersection Improvements, hereinafter referred
to as the "Project"; and
WHEREAS, Florida Statutes, Section 163.01, allows 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, 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:
i. The CITY agrees to pay directly to the COUNTY costs attributable to construction
of the "Work" along the right-otkway of the "Project;' as outlined and shown in the Bid
Dodum.ents for Palm Beach County Project No~ 94113..
AGREEMENT WITH THE CITY OF BOYNTON BEACH
2. Said summation of costs is stated in the amount orS 27,220.00 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 of utility 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 improvements as it relates to
the CITY's work.
8. In 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 mn
attributable to said construction of the "Work", as outlined in the specification, the
CITY will be credited the excess amount.
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 wmver of sovereign immunity 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 immunity 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 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, retum
receipt requested.
All notice to the CITY shall be sent to:
City of Boynton Beach
)24 East Woolbright Road
Boynton 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.
CITY OF BOYNTON BEACH
R2002 06 ~
PALM BEACH COUNTY, FLORDA,
BY ITS
BO nARD OF COUNTY COMMISSIONERS
ATTEST:
iH ,~f~ I~A¥ 67
W . Newell, Chairman
ATTEST:
JANET M. PRAINITO, CITY CLERK
D OR, .~~.,~W~LKEN, CLERK
?;"'" -
~PROVED AS TO TE~S
A~ CO~ITIONS
BY:
APPROVED AS TO FORM
ANT) LEGAL SUFFICIENCY
7~Jistant c~'unty AttJmey
F:W, OADWAY\AGRMTk94113BBUn-J2F. doc
4
ATTACHMENT "A"
z ~
ATTACHMENT "B"
PROJECT NAME: BOYNTON BEACH BLVD. AND MILITARY TRAIL
INTERSECTION IMPROVEMENTS
PROJECT NUMBER: 94113 WEEKLEY ASPHALTPAVING, INC.
ITEM QUANTITY/UNITS UNIT PRICE AMOUNT
REGULAR ROADWAY PAY ITEMS
29 ADJUST MANHOLE FRAME & COVER 2 EA $ 900.00
(INCLUDES COLLARS)
31 PREMIUM FOR CONFLICT CONDITION 6 EA
(SEE SP's)
$ 1,800.00
$ 1,670.00 $ 10,020.00
REGULAR ROADWAY PAY ITEMS TOTAL $ 11,820.00
CONTINGENCY ITEMS
55 PREMIUM TO UPGRADE FROM P BOX 3 EA $ 2,000.00 $ 6,000.00
TO J BOX (SEE SP's)
60 ADJUST VALVE BOX 6 EA $ 300.00 $ 1,800.00
61 200 LF $ 7.00
62 200 LF $ 7.00
70 100 SY $ 48.00
(INCLUDES CONCRETE COLLAR)
SUPPORT WATER MAIN
SUPPORT FORCE MAIN
DOUBLE ROCK BASE (14")
CONTINGENCY ITEMS TOTAL
GRAND TOTAL
$ 1,400.00
$ 1,400.00
$ 4,800.00
$ 15,400.00
$ 27,220.00
FAROADWAYXAgrmt\94113BBUn-SUM.doc
Department of Engineerinf~
and Public Works
P.O. Box 21229
West Palm Beach. FL 33416-1229
(561) 684-4000
www. pbcgov, com
Palm Beach County
Board of County
Commissioners
Warren II. Newell, Chairman
Carol A. Roberts, Vice Chair
- ' Karen T. Marcus
Mary McCarty
Burr Aaronson
Tony Masilotti
Addie L. Greene
County Administrator
Robert Weisman
An Equal Opportunity
,maffYe Action Employer"
,~u02
May20,2002
City of Bo,vnton Beach Utilities Department
124 East Woolbright Road
Boynton Beach, FI_. 33435-6040
ATTN: Mr. Peter V. Mazzella, Assistant to the Director of Utilities
RE: JOINT PROJECT PARTICIPATION/FUNDING AGREEMENT
IN THE CONSTRUCTION OF BOYNTON BEACH BLVD. AND
MILITARY TRAIL INTERSECTION IMPROVEMENTS
PALM BEACH COUNTY PROJECT NO. 94113
Dear Mr. Mazzella:
Enclosed is an executed agreement for the above referenced project approved by
the Board of County Commissioners on May 7, 2002. If you have any questions
regarding this matter, please feel free to contact this office.
Sincerely,
Omelio A. Fernandez, P.E., Director
Engineering/Public Works Operations
OAF/~,L,&c
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 Manager/Roadway
Steven B. Carrier, P.E., Special Projects Manager/Roadway Production
Serge Jerome, Project Engineer/Roadway Production Division
Carl L. Hussey, P.E., Utility Coordinator, Roadway Production - w/attach.
Bob Ward, Budget Analyst, Budget Division/OFMB
Richard Farquhar, Fiscal Manager I, Administrative Services - w/attach.
FSROADWAY'O, GRMT\94113BBUn-EXE.doc
~::~ printed on recycled paper
ATTACHMENT "B'
PROJECT NAME: BOYNTON BEACH BLVD. AND MILITARY TRAIL
INTERSECTION IMPROVEMENTS
PROJECT NUMBER: 94113 WEEKLE Y ASPHALT PAVING, INC.
ITEM QUANTITY/UNITS UNIT PRICE AMOUNT
REGULAR ROADWAY PAY ITEMS
29
31
55
60
61
62
70
ADJUST MANHOLE FRAME & COVER
(INCLUDES COLLARS)
PREMIUM FOR CONFLICT CONDITION
(SEE SP's)
2 EA $ 900.00 $ 1,800.00
6 EA $ 1,670.00 $ 10,020.00
REGULAR ROADWAY PAY ITEMS TOTAL $ 11,820.00
CONTINGENCY ITEMS
PREMIUM TO UPGRADE FROM P BOX 3 EA
TO J BOX (SEE SP's)
$ 2,000.00 $ 6,000.00
ADJUST VALVE BOX 6 EA $ $
(INCLUDES CONCRETE COLLAR)
SUPPORT WATER MAIN 200 LF $ 7.00 $
SUPPORT FORCE MAIN 200 LF $ 7.00 $
DOUBLE ROCK BASE (14") 100 SY $ 48.00$
CONTINGENCY ITEMS TOTAL $
300.00 1,800.00
1,400.00
1,400.00
4,800.00
15,400.00
GRAND TOTAL $ 27,220.00
F:LROADWAYLa~GRMT\94113BBUn-SUM.doc