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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