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HomeMy WebLinkAboutDocumentation_Regular_Tab 8B_7/26/1990gym. VILLAGE OF TEQUESTA Post Otficc Box 3273 0 357 Tequesta Drive Tequesta, Florida 33469-0273 • (407) 575-6200 FAX: (407) 575-6203 MEMORANDUM: TO: FROM: DATE: SUBJECT: Village Council Thomas G. Bradford, Village Manager July 19, 1990 Agreement for Funding of Utility Construction for Old Dixie Highway Improvement Project; Agenda Item Attached hereto, is a copy of the proposed Agreement between the Village of Tequesta and Palm Beach County for funding of water utility construction items associated with the Old Dixie Highway Improvement Project. The project scope is from Alternate AlA to County Line Road. Pursuant to the Village Franchise Agreement with Palm Beach County for Water Service, the Village is required to relocate water utility improvements located within any Palm Beach County right-of-way at our expense necessitated by any roadway improvements. This is a standard requirement of most utility franchise agreements as evidenced by the fact that the Village requires the same for those utilities operating within our jurisdiction. The primary impact of the water utility system is that the water main has to be relocated so as to not be located under the new wider roadway pavement area. The Agreement allows the Village utility work to be piggybacked with the County sealed bids for roadway construction to enable the Village to receive the lowest bid for said work. The Village will maintain control through design inspection and payment based upon a monthly draw for actual utility construction costs. Should the Agreement be approved sufficiency by the Village Attorney, it Village Council authorize Mayor Joseph document on behalf of the Village to construction activity. as to form and legal is recommended that the Capretta to execute this facilitate this utility TGB/ jmm Recycled Peer Board of County Commissioners Carol J. Elmyuist, Chairman Karen T. Marcus, Vice Chair Carol A. Roberts Ron How and Carole Phillips -aw 6 County Administrator )an Winters Department of Engineering �1 and Public Works June 20, 1990 Village of Tequesta P.O. Box 3273 Tequesta, FL 33469 CF •w� ATTN: Mr. Thomas J. Bradford, Village Manager RE: AGREEMENT FOR FUNDING OF UTILITY CONSTRUCTION FOR OLD DIXIE HIGHWAY/ SR 811 TO N. COUNTY LINE ROAD PBC 1 87541 A&B Dear Mr. Bradford: We are enclosing three original joint project participation agreements for the above projects. Bids are scheduled to be taken for Old Dixie Highway in September, 1990. Execution by both parties is required prior to receipt of bids. Therefore, the Village's prompt action is necessary. Please have all three (3) copies executed in the original and return to this office as soon as possible. Your attention to this matter is greatly appreciated. Sincerely h H. Carroll, P.E., Director dway Production JHC:cs cc: Omelio A. Fernandez, P.E., Program Manager, Roadway Production Ronald Terrell, P.E., Roadway Production Mike Villavicencio, P.E., Utility Coord „ Roadway Production "An Equal Opportunity - Affirmative Action Employer" BOX 2429 WEST PALM BEACH, FLORIDA 33402-2429 (407) 684-4000 AGREEMENT BETWEEN THE VILLAGE OF TEQUESTA AND PALM BEACH COUNTY, FLORIDA FOR JOINT PROJECT PARTICIPATION IN CONSTRUCTION OF OLD DIXIE HIGHWAY FROM SR 811 TO N. COUNTY LINE ROAD PALM BEACH COUNTY PROJECT NO. 87541 THIS AGREEMENT, made and entered into this day of 990, by and between the COUNTY OF PALM BEACH, a political ubdivision of the State of Florida, hereinafter called and referred o as the "COUNTY" and the Village of Tequesta, a municipality in he State of Florida, hereinafter called and referred to as the "VILLAGE", W I T N E S S E T H: WHEREAS, the VILLAGE 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 WHEREAS, the COUNTY has caused to be prepared roadway construction plans and specifications for improving old Dixie Highway from SR 811 to N. County Line Road; and WHEREAS, the VILLAGE has caused to be prepared utility construction plans and specifications for water distribution, sewage ollection and/or transmission systems for the aforementioned portion of Old Dixie Highway which will serve portions of its service area; and WHEREAS, both VILLAGE and the COUNTY declare that it is in the public interest that the water distribution, sewage collection and/or transmission systems be constructed with the aforementioned Old Dixie Highway improvements; and 1 LLAGE OF TEQUESTA AGREEMENT WHEREAS, the VILLAGE has budgeted funds for cooperation in onstruction of the water distribution, sewage collection, and/or ransmission systems along the authorized service section of old ixie Highway; and WHEREAS, the VILLAGE is desirous of funding the costs for construction of the water distribution, sewage collection and/or transmission systems which benefit the VILLAGE; and WHEREAS, the VILLAGE will perform all inspections, testing and certifications required for the water distribution, sewage ollection and/or transmission systems to insure compliance with heir specifications and permits; NOW, THEREFORE, for and in consideration of the mutual ovenants contained herein, the Parties to this Agreement agree as [follows: 1. The recitals set forth above are hereby adopted and incorporated in this agreement. Z. The COUNTY agrees to: A. Advertise for bids, submit bids to the VILLAGE for review, and award a contract for the construction of Old Dixi* Highway improvements, water distributions, sewage collection and/or transmission systems which are to be owned by the VILLAGE. B. Administer the above contract and administer the funds in accordance with this Agreement. F4 LLAGE OF TEQUESTA AGREEMENT C. Supply the VILLAGE with a contract audit in accordance with standard accounting procedures which reflect total, final costs of the water distribution, sewage collection and/or transmission systems, upon completion of this project. 3. The VILLAGE agrees to: A. Use a professional engineer selected by the VILLAGE to prepare design plans and obtain all necessary permits for the project. B. Fay the costs of engineering services to accomplish design plans for the project. C. Provide or cause to be performed all inspection services during construction of and final certification for the aforementioned water and sewer systems. D. To the extent that the VILLAGE is charged with design 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. To contribute and to forward to the COUNTY the funding for the actual costs of construction of the water distribution, sewage collection and/or transmission systems after bids have been accepted and within 45 days of request by the COUNTY, based on the contract costs as awarded by the COUNTY. 3 ILLAGE OF TEQUESTA AGREEMENT 4. Both the COUNTY and the VILLAGE 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. S. This Agreement shall be executed in duplicate and both the COUNTY and the VILLAGE shall retain one (1) copy. Each shall be considered an original. 6. Any and all notices required or permitted to be given here under 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 the VILLAGE shall be sent to: All notices to the COUNTY shall be sent to: H.F. Rahlert, P.E., County Engineer Engineering and Public Works Department P.O. Box 2429 West Palm Beach, FL 33402 ATTN: Roadway Production n LLAGE OF TEQUESTA AGREEMENT IN WITNESS WHEREOF, the County of Palm Beach, Florida has aused this Agreement to signed by the Chairman of the Board of ounty Commissioners and the seal of said Board to be affixed hereto nd attested by the Clerk of said Board, pursuant to authority ranted by said Board, and the Village of Tequesta has caused this greement to be signed in its name by its Chairman and its seal to e aff ixed hereto, attested by its Secretary, the date and year irst above written. ILLAGE OF TEQUESTA Y: ATTEST: BY: DATE APPROVED AS TO FORM AND LEGAL SUFFICIENCY: BY: VILLAGE ATTORNEY DATE Gi PALM BEACH COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS By: DATE ATTEST: JOHN B. DUNKLE, CLERK BY: DATE APPROVED AS TO FORM AND LEGAL SUFFICIENCY: BY: COUNTY ATTORNEY