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HomeMy WebLinkAboutDocumentation_Regular_Tab 9B_8/13/1992 I , =� r; VILLAGE OF TEQUESTA Post Office Box 3273 • 357 Tequesta Drive t,S'•:� Tequesta,Florida 33469-0273 • (407) 575-6200 ' ♦ `I t Fax: (407)575-6203 6',4'czNiks V COUS MEMORANDUM: TO: Village "Council FROM: Joann Manganiello, Admin. Asst. /Village Clerk 01"' DATE: August 6, 1992 SUBJECT: Agreement Between the Village of Tequesta and the Loxahatchee River Environmental Control District for the Joint Project Participation . in Construction of the Tequesta Drive Bridge Water Main and Sewer Main Replacements; Resolution No. 27-91/92; Agenda Item At the Village Council Meeting of June 18, 1992, the Village Manager informed you that he had been contacted by Richard Dent, Executive Director of the. Loxahatchee River Environmental Control District (ENCON) , seeking permission to "piggy-back" onto Tequesta' s contract for water main replacement on the Tequesta Drive Bridge within the Tequesta Drive right-of-way. ENCON plans to replace its sewer main, located on the south side of the Tequesta Drive Bridge, and would like to do, so simultaneously and in coordination with the Village's construction activity. Council was receptive to the "piggy-backing" and approved the idea of joint project participation between the Village and ENCON provided that appropriate steps were taken relative to funding and liability. Both of these concerns were addressed in the draft Agreement which was forwarded to Mr. Dent and his Governing Board for consideration. Attached hereto, please find the Agreement Between the Village of Tequesta and the Loxahatchee River Environmental Control District for Joint Project Participation which has been approved and duly executed by the Loxahatchee River Environmental Control District Governing Board, as well as, proposed Resolution No. 27- 91/92, approving the same, for your review and consideration. It is the Village Manager' s recommendation that the Village Council approve the Agreement Between the Village and the Loxahatchee River Environmental Control District for Joint Project Participation, authorizing the Mayor to execute the same on behalf of the Village, in that this joint project appears to be in the best interests of the public. /jm Attachments • Recycled Paper RESOLUTION NO. 27-91/92 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, APPROVING THE AGREEMENT BETWEEN THE VILLAGE OF TEQUESTA AND THE LOXAHATCHEE RIVER ENVIRONMENTAL CONTROL DISTRICT FOR THE JOINT PROJECT PARTICIPATION IN CONSTRUCTION OF THE TEQUESTA DRIVE BRIDGE WATER MAIN REPLACEMENT AND THE TEQUESTA DRIVE BRIDGE SEWER MAIN REPLACEMENT WITHIN THE TEQUESTA DRIVE RIGHT-OF-WAY VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA. WHEREAS, the Village of Tequesta intends to engage in water main replacement construction activity located upon the Tequesta Drive Bridge within the Tequesta Drive right-of-way; and WHEREAS, the Loxahatchee River Environmental Control District intends to engage in sewer main replacement construction activity located upon the Tequesta Drive Bridge within the Tequesta Drive right-of-way which will serve portions of its service area; and WHEREAS, both the Village and the Loxahatchee River Environmental Control District declare that it is in the public interest that the water and sewer transmission systems, as contemplated in the Agreement, be constructed simultaneously and in coordination; and WHEREAS, the Loxahatchee River Environmental Control District has budgeted funds for cooperation in construction of the sewer distribution and transmission lines; and WHEREAS, the Loxahatchee River Environmental Control District is desirous of funding the costs for construction of the sewer distribution and transmission lines which benefit its customers; and WHEREAS, to the extent that the Loxahatchee River Environmental Control District is charged with design for the construction of the sewer distribution and transmission systems of the Project, the Loxahatchee River Environmental Control District agrees to be responsible for any and all liability with regard to its performance of the requirements of this Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, • PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1. The Agreement between the Village of Tequesta and the Loxahatchee River Environmental Control District for the Joint Project Participation in Construction of the Tequesta Drive Bridge Water Main Replacement and the Tequesta Drive Bridge Sewer Main Replacement within the Tequesta Drive Right-of-Way Village of Tequesta, Palm Beach County, Florida, attached hereto as Exhibit "A" and incorporated by reference as a part of this Resolution is hereby approved and the Mayor of the Village is authorized to execute the same on behalf of the Village of Tequesta. THE FOREGOING RESOLUTION was offered by Councilmember , who moved its adoption. The motion was seconded by Councilmember , and upon being ' put to a vote, the vote was as follows: FOR ADOPTION AGAINST ADOPTION The Mayor thereupon declared the Resolution duly passed and adopted this day of , 1992. MAYOR OF TEQUESTA ' I Earl L. Collings ATTEST: Joann Manganiello Village Clerk ' I LAI111311 "A" AGREEMENT BETWEEN THE VILLAGE OF TEQUESTA AND THE LOXAHATCHEE RIVER ENVIRONMENTAL CONTROL DISTRICT FOR THE JOINT PROJECT PARTICIPATION IN CONSTRUCTION OF THE TEQUESTA DRIVE BRIDGE WATER MAIN REPLACEMENT AND THE TEQUESTA DRIVE BRIDGE SEWER MAIN REPLACEMENT WITHIN THE TEQUESTA DRIVE RIGHT-OF-WAY VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA THIS AGREEMENT, made and entered into this day of , 1992, by and between the Village of Tequesta, a political subdivision of the State of Florida, hereinafter called and referred to as the "VILLAGE" and the Loxahatchee River Environmental Control District, a Special District of the State of Florida, hereinafter called and referred to as the "L.R.E.C.D. " , WITNESSETH: WHEREAS. the Village and L.R.E.C.D. 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 governmental units on a basis of mutual advantage; and WHEREAS, the VILLAGE has caused to be prepared water main replacement construction plans and specifications for that water main located upon the Tequesta Drive Bridge within the Tequesta Drive right-of-way; and WHEREAS, L.R.E.C.D. has caused to be prepared utility construction plans and specifications for a sewer main located upon- the Tequesta Drive Bridge within the Tequesta Drive right-of-way which will serve portions of its service area; and WHEREAS, both the VILLAGE and L.R.E.C.D. declare that it is in the public interest that the water and sewer transmission systems as contemplated herein be constructed simultaneously and in coordination; and WHEREAS, L.R.E.C.D. has budgeted funds for cooperation in construction of the sewer distribution and transmission line referenced herein; and WHEREAS, L.R.E.C.D. is desirous of funding the costs for construction of the sewer distribution and transmission lines which benefit the customers of L.R.E.C.D. ; and -1 - WHEREAS, L.R.E.C.D. is desirous of funding the costs for construction of the sewer distribution and transmission lines which benefit the customers of L.R.E.C.D. ; and WHEREAS, L.R.E.C.D. will perform all inspections, testing and certifications required for the sewer distribution and transmission system to ensure 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 VILLAGE agrees to: A. Advertise for bids, submit bids to L.R.E.C.D. for review and award a contract for the construction of the Tequesta Drive Water Main Replacement Project and the Sewer Distribution and Transmission Systems which are to • be owned by L.R.E.C.D. B. Administer the above contract and administer the funds in accordance with this Agreement. C. Upon request of L.R.E.C.D. , initiate a contract audit in accordance with standard accounting procedures, which reflect total, final costs of the sewer distribution and transmission systems, upon completion of this Project. 3 . L.R.E.C.D. agrees to: A) Use a professional engineer selected by L.R.E.C.D. to prepare design plans for the construction of the sewer distribution and transmission systems and obtain all necessary permits for the L.R.E.C.D. portion of the Project. B) Pay the costs of engineering services to accomplish design plans for the construction of sewer distribution and transmission systems for the Project. C) Provide or cause to be performed, all inspection services for the construction of the sewer distribution and transmission systems during construction of and final certification for the aforementioned sewer systems. D) To the extent that L.R.E.C.D. is charged with design for the construction of the sewer distribution and transmission systems of the Project, L.R.E.C.D. agrees to be responsible for any and all liability with regard to its performance of the requirements of this Agreement. -2- 1 E) To contribute and to forward to the VILLAGE, the funding for the actual costs of construction of the sewer distribution and transmission systems. Contributions and funding for the cost of such construction shall be paid by L.R.E.C.D. as such costs accrue and within fifteen ( 15) days after a bill for same has been sent by the VILLAGE to L.R.E.C.D. 4 . Both the VILLAGE and L.R.E.C.D. agree to pay to the other such funds as are indicated in a final audit as set forth in Paragraph 2-C above, which will balance accounts between the Parties. 5. This Agreement shall be executed in triplicate and the VILLAGE shall retain two ( 2) copies and L.R.E.C.D. shall retain one (1) copy. All copies shall be considered an original. 6. Any and all notices required or permitted to be given hereunder shall be received five ( 5) days after same or deposited in U.S. Mail, sent Certified Mail-Return Receipt Requested. All Notices to be VILLAGE shall be sent to: Thomas C. Hall Water System Manager Village of Tequesta P.O. Box 3474 Tequesta, Florida 33469 All Notices to L.R.E.C.D. shall be sent to: Richard C. Dent Executive Director Loxahatchee River Environmental Control District 2500 Jupiter Park Drive Jupiter, Florida 33458-8964 IN WITNESS WHEREOF, the Village of Tequesta, Florida, has caused this Agreement to be signed by the Mayor of the VILLAGE AND THE Seal of the Village of Tequesta to be affixed hereto and attested by the Village Clerk, pursuant to authority granted by the Village Council, and the Loxahatchee River Environmental Control District has caused this Agreement to be signed in its name by its Executive Director and its Seal to be affixed hereto, attested by its Director of Development, both pursuant to the authority of the Loxahatchee River Environmental Control Dis- trict Governing Board, the date and year first above written. -3- VILLAGE OF TEQUESTA LOXAHATCHE RIVER ENVIRONMENTAL TONTROL X S�' T -21 BY: BY: :(91.11' `-� DATE: DATE: // ATTEST: ATTEST: BY: BY: (-) elZ APPROVED AS TO FORM AND APPROVED AS TO FORM AND LEGAL SUFFICIENCY: LEGAL SUFFICIENCY: z)e' 6:2? 60J-1, BY: BY: VILLAGE ATTORNEY L.R.E.C.D. ATTORNEY -4-