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Home My WebLink AboutResolution_14-00/01_01/16/2001RESOLUTION NO. 14-00/O1 • C] A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, APPROVING A JOINT PROJECT PARTICIPATION AGREEMENT WITH LOXAHATCHEE RIVER ENVIRONMENTAL CONTROL DISTRICT (ENCON) OF JUPITER, FLORIDA, AS IT RELATES TO HAVING THE TEQUESTA COUNTRY CLUB PHASE II IMPROVEMENTS PROJECT (POTABLE WATER, DRAINAGE AND STREET LIGHT CONDUIT) BE CONSTRUCTED UNDER ENCON'S GRAVITY SEWER COLLECTION SYSTEM CONTRACT AND AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE APPLICABLE AGREEMENT ON BEHALF OF THE VILLAGE. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1. A Joint Project Participation Agreement with Loxahatchee River Environmental Control District (ENCON), of Jupiter, Florida, as it relates to having the Tequesta Country Club Phase II Improvements Project (Potable Water, Drainage and Street Light Conduit) be constructed under ENCON'S gravity sewer collection system contract, attached hereto as Exhibit "A", and incorporated by reference as a part of this Resolution is hereby approved and the Village Manager of the Village of Tequesta is authorized to execute the same on behalf of the Village. THE FOREGOING RESOLUTION WAS OFFERED by Councilmember Walker who moved its adoption. The motion was seconded by Councilmember Schauer and upon being put to a vote, the vote was as follows: FOR ADOPTION AGAINST ADOPTION Joseph N. Capxetta Basil E. Dalack Geraldine A. Genco Elizabeth A. Schauex Sharon D. Walker C] The Mayor thereupon declared the Resolution duly passed and adopted this 16th day of January, A.D, 2001. MAYOR OF TEQUESTA n r~; r ~? .s~ ,o;. 'j ;~ +r ~'~ 1......"i're'/'''"b%'H,~,ifi~!~~..-) N. Caprett~/ • ATTEST: oann Mangan' llo Village Clerk Resolution\EnconParticipation • AGREEMENT BETWEEN THE VILLAGE OF TEQUESTA S AND LOXAHATCHEE RIVER ENVIRONMENTAL CONTROL DISTRICT FOR JOINT PROJECT PARTICIPATION IN ENGINEERING SERVICES AND CONSTRUCTION FOR "TEQUESTA PENINSULA -PHASE II AREA" POTABLE WATER, DRAINAGE AND STREET LIGHT CONDUIT IMPROVEMENTS PALM BEACH COUNTY, FLORIDA LOXAHATCHEE RIVER ENVIRONMENTAL CONTROL DISTRICT, PROJECT N0.406304 THIS AGREEMENT, made and entered into this 2?~ay of i ~'~~. ~~~ %: ~` , by and between the LOXAHATCHEE RIVER ENVIRONMENTAL CONTROL DISTRICT, a special district of the State of Florida, hereinafter called and referred to as the "DISTRICT" and the VILLAGE OF TEQUESTA, a political subdivision of the State of Florida, hereinafter called and referred to as "VILLAGE", WITNESSETH: WHEREAS, DISTRICT and VILLAGE are authorizedto 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 localities on a basis of • mutual advantage; and WHEREAS, the DISTRICT has prepared gravity sewer collection system plans and specifications for providing sanitary sewer service to the "Tequesta Peninsula -Phase II Area"; and WHEREAS, DISTRICT has awarded a contract to Asphalt Consultants, Inc. for the construction and adjustments of the sanitary sewer improvements for the "Tequesta Peninsula - Phase II Area", herein referred to as the "Contract"; and WHEREAS, VILLAGE desires to construct potable water, drainage and street light conduit systems for the aforementioned "Tequesta Peninsula -Phase II Area" which will serve portions of its service area; and WHEREAS, both VILLAGE and the DISTRICT declare that it is in the public interest that the potable water, drainage and street light conduit systems be constructed commensurate with the aforementioned sanitary sewer improvements which are collectively referred to as the "Project";and WHEREAS, VILLAGE has budgeted funds for cooperation in the engineering, construction and adjustments of the potable water, drainage and street light conduit systems within portions of the "Tequesta Peninsula -Phase II Area"; and • WHEREAS, both VILLAGE and the DISTRICT are desirous of funding the costs for the engineering, construction and adjustments of the potable water, drainage, street light conduit and t . gravity sewer collection systems which benefit both parties. Each parry is responsible for their applicable improvement costs as outlined below. Both parties are also responsible for their fair share of engineering costs based upon their percent of construction within the overall project. The DISTRICT'S portion is computed at 51.75% and the VILLAGE's portion is 48.25%. The percentages are based upon the following contract amounts: DISTRICT Improvements* $1,766,000.00 VILLAGE Improvements 1.646,363.00 TOTAL PROJECT $3,412.363.00 (*Excludes Change Order No. 1 in the amount of $121,743.51 and an additional 30 days to the contract time. This work, Change Order No. 1, is all related to DISTRICT. Revised total project cost is $3,534,372.47.) and WHEREAS, the VILLAGE has determined it is in the best interest of the public to avoid the duplication of effort and delays in bidding the Village portion of the Project, since it has been successfully negotiated (with the low bid contractor for the DISTRICT portion of the Project) with terms that meet with the approval of the Village's Engineer, and • WHEREAS, the VILLAGE consultant will perform all contract administration, inspections and certifications required for the potable water, drainage, street light conduit and gravity sewer collection systems to insure compliance with their specifications and permits. NOW. THEREFORE, for and in consideration of the mutual covenants contained herein, the Parties to this Agreement agree as follows: 1. The recitals set forth above are hereby adopted and incorporated in this Agreement. 2. The DISTRICT agrees to: A. Issue a Change Order to its Contract with Asphalt Consultants, Inc. for the construction and adjustments of the "Tequesta Peninsula -Phase II Area" potable water, drainage and street light conduit systems which are to be owned by VILLAGE. B. Supply VILLAGE with a Contract audit in accordance with standard accounting procedures, which reflects total final costs of the potable water, drainage and street light conduit systems, upon completion of this Project. • 2 ~ 1 C. Reimburse the VILLAGE monthly for the DISTRICT's fair share of • engineering costs as stipulated above and within the Joint Project Funding Agreement between the VILLAGE and the DISTRICT dated /~rz~i 2 2 , 2001. 3. VILLAGE agrees to: A. Provide, details and specifications for the adjustment of the potable water, drainage and street light conduit systems and obtain all necessary permits for VILLAGE's portion of the Project, if necessary. B. Pay the costs (if any, incurred by VILLAGE, but not those incurred by the DISTRICT) of engineering services to accomplish design plans of details and specifications for the construction and adjustment of the potable water, drainage and street light conduit systems for the Project. C . Provide or caused to be performed all contract administration and inspection services for the total Project (potable water, drainage, street light conduit, gravity sewer and road reconstruction), and including public questions and complaints concerning constructionactivities,restorationduring construction of and final certification for the Project. • D. To the extent that VILLAGE is charged with design of details and specifications for the construction and adjustment of the potable water, drainage and conduit systems of the project, VILLAGE agrees to be responsible for any and all liability with regard to its performance of the requirements of this Agreement. E. Pay their fair share of the engineering costs as stipulated above and within the Joint Project Funding Agreement between the VILLAGE and the DISTRICT dated , ~li~ ,_ h 2 Z , 2001. F. To contribute and to forward to the DISTRICT the funding for the actual costs of the construction and adjustments of the potable water, drainage and street light conduit systems. Contributions and funding for the cost of such construction and adjustments shall be paid by VILLAGE as such costs accrue and within 30 days after a bill for same has been sent by the DISTRICT to VILLAGE. 4 Both the DISTRICT and VILLAGE agree to pay to the other such funds, as are indicated in the final audit set forth in Paragraph 2 (B) above, which will balance accounts between the parties. • 3 • t 5. In the event that additional engineering is required by a party, that party will be • responsible for the additional work required by them. In the event that additional engineering is required as a direct result of the overall project, each party will be responsible for their fair share as stipulated within the agreements. 6. This Agreement shall be executed in duplicate and the DISTRICT shall retain one (1) original and VILLAGE shall retain one (1) original. Each shall be considered an original. 7. 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. All notices to DISTRICT shall be sent to: Richard C. Dent, Executive Director Loxahatchee River Environmental Control District 2500 Jupiter Park Drive Jupiter, FL 33458-8964 All notices to the VILLAGE shall be sent to: Michael Couzzo, Manager Village of Tequesta P.O. Box 3273 Tequesta, FL 33469 IN WITNESS WHEREOF, the VILLAGE has authorized this Agreement to be signed by its V/L LRGG-' NHS/ GE2 ~Ia3~e~ and~attested by the Clerk and the DISTRICT has authorized this Agreement to be signed in its name by its Executive Director and its seal to be affixed hereto, on the dates set forth below. LO EE ER ENVIRONMENTAL CO ROL D- S T By. ~ 4~~- j r' Richard C. Dent Date Executive Director (District Seal) VILLAGE OF TEQUESTA, FLORIDA By. 3(j ~'o I Y/LLA6 MANA D ~ ^' y M ~ ew~~ ~ a . co o~ x'72 . E ~k ~~:~; ATTEST: ?~ "'`t~ ~ ~z ERK ~• ~`~,,~ ~ E 3 `' * ~ N By. Date ~, LJ 4 - r APPROVED AS TO FORM AND APPROVED AS TO FORM AND • LEGAL SUFFICIENCY: LEGAL SUFFI IENCY: ,---/ , ~ By: Z _. By: DISTRICT ATTORNEY VILLAGE AT RNEY N:VCR\13153-01\Encon Joint Project Participation Revised3.wpd r 1 •