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HomeMy WebLinkAboutDocumentation_Regular_Tab 10D_4/11/1996 , � MEMORANDUM TO: Thomas G. Bradford, Village Manager FROM: Gary Preston, Director of Public Works ,Q.P DATE: April 1, 1996 SUBJECT: Village Council Agenda Item for April 11, 1996; Consideration to Award U.S. #1/SR 5 Median Improvement Project to Rood Landscape Co., Inc., in the amount of $52,757.20 Please find attached, the following support documents for Councilmember's review for the above referenced agenda item: • A bid proposal in the amount of$52,757.20 from Rood Landscape Co., Inc., Tequesta, Florida, to perform all work in accordance with the contract documents for U.S. #1/SR 5 Median I Improvement Project. • A Florida Department of Transportation (FDOT) Agreement for maintenance and a total project Highway Beautification Grant in the amount not to exceed $67,000 for U.S. #1/SR 5 Median Improvements. • A letter dated February 16, 1996 from Ms. Kathleen Spain, Gee & Jenson, Senior Landscape Architect, recommending the approval of the bid from Rood Landscape Co., Inc. • A letter dated February 28, 1996 from Ms. Kathleen Spain explaining why the FDOT revised the original plan and replaced the Savannah Holly Trees with Live Oak and the ground cover with Floratam sod. • A letter dated March 25, 1996 from Mr. John C. Randolph, Esq., Village Attorney, approving the FDOT Agreement for legal form and sufficiency. • Village of Tequesta Resolution No. 23-95/96. • U.S. #1 Median Improvement plans prepared by Gee & Jenson locating irrigation system, sod and live oaks. Thomas G. Bradford RE: Village Council Agenda; April 11, 1996 April 1, 1996 Page 2 - This revised plan is acceptable to the FDOT and consist of 24 Live Oaks, 14,130 square feet of Floratam Sod, 262 cubic yards of "Treasure Coast Sunsoil" and a sub-surface irrigation system. Please place this item on the April 11, 1996 Village Council Meeting Agenda for Councilmember's consideration. GP/mk Attachments VILLAGE OF TEQUESTA U.S. #1 LANDSCAPE AND IRRIGATION BID FORM - UNIT PRICE Bid of ROOD L-A►.1DSe_ape i N C. (Name) 454Io Coyu-ry LiUE Ro TE(zUEST FL 334(.9 (Address) to furnish all materials, equipment and labor and to perform all work in accordance with the Contract Documents for U.S. #1 Landscape and Irrigation located in Tequesta, Florida. To: Thomas G. Bradford Village Manager Village of Tequesta 357 Tequesta Drive Tequesta, Florida Gentlemen: The undersigned Bidder has carefully examined the Bidding Documents and the site of the proposed Work and is familiar with the nature and extent of the work and any local conditions that may in any manner affect the work to be done. The undersigned Bidder agrees to do all the work and furnish all materials called for by the Bidding Documents, in the manner prescribed therein and to the standards of quality and performance established by the Architect/Engineer for the unit price amounts stated in the spaces herein provided on the attached Exhibit A, for each of the items or combination of items stipulated. Unit price line items shall include cost of implementing all applicable safety requirements. Bidder acknowledges that estimated quantities scheduled are approximated for the sole purpose of obtaining comparative bids for determination of the lowest responsible bidder and actual quantities required may increase or decrease. Bidder further agrees that payments will be made on the basis of actual quantities placed and accepted in the construction. 9500440 BFU-1 • 3ASE BID: FAG 7 %'-v TH 6,)lA Alb y,_,/ /f//4✓,9 A j j y U .2a 100 Dollars ($ .S1-,7 5-7 . a. o ), BID SECURITY Accompanying this Bid is a certified or cashier's check or a bid bond in the:amount of $ made payable to the Owner which may be forfeited as liquidated damages if, in the event this proposal is accepted, the undersigned fails to execute the Agreement and furnish and pay for the required performance and payment bonds for the Owner within 10 days after acceptance of the Bid; otherwise said certified or cashier's check or bid bond will be returned to the undersigned. TIME The undersigned Bidder agrees to commence work within 10 days after the date of written Notice to Proceed, and further agrees to substantially complete the entire Work within *t ]* consecutive calendar days after the date of written Notice to Proceed, subject to such extensions of time allowed by the Conditions of the Contract. LIQUIDATED DAMAGES The undersigned agrees to forfeit to the Owner, as liquidated damages for each calendar day elapsing between the date established as the date of substantial completion and the actual date of such substantial completion of the contract work, the amount of $100.00 per. calendar day. BASE 13/o 4r J i v'i H 7 Y At i N OeR)S A N.o ,5'FY.E.N ,/cJNb1€&) Fn 7~t' s'Sy Z°/uJ EA SE, E tD 7(A.A/7Y j i1,€'t 774UJJA4✓A A.O 9500440 BFU-2 • ADDENDA Bidder acknowledges the receipt of Addendum No.'s • 1 . # 1 , 2. , 3. , 4. , 5. Dated this / day of /,Z 9L (month) (year) Contractor: ROW). 4.4 NOS'C4 PE eo Address: y5'.1Ca OUNT,, Li)/( RAD SEAL .L sr4 fi.c, 355169 * By: — — — Title: ei..e7;fe_d Attachments: Subcontractor List Bid Security Trench Safety Act documentation Exhibit A 9500440 BFU-3 • EXHIBIT "A" U.S. #1/SR 5 LANDSCAPE & IRRIGATION TEQUESTA, FLORIDA • UNIT PRICE BID SCHEDULE Bid of RooD L.ANDSGo.PE,, C0- 45yc� Loi_N TY LINE FL 334i01 Item Estimated Estimated No. Description Quantity Unit Unit Price Amount BASE BID 1 1 . Clear & Grub 1 LS • 3500.60 2. Maintenance of Traffic 1 LS 2660.00 3. Quercus Virginiana/Live Oak 24 EA 662.•00 15 888. 00 • 4. St. Augustine 'Floratam' Sod 14,130 SF -24 3 391.20 5. "Treasure Coast Sunsoil" 262 CY J9 dd '1918. 00 SUBTOTAL BASE BID 1 BASE BID 2 1. Maintenance of Traffic 1 LS 0 2. Irrigation System 14,277 SF 4 23000. c. SUBTOTAL BASE BID 2 23s'y TOTAL FOR BASE BID 1 AND 2 52,7E 7.zo 9500440 BFU-4 T 1 FORM FOR QUALIFICATION OF BIDDER Name of Bidder i 'O w LANQ,$GQpc. Address of Bidder 1 )A / L)NF gD 7 4 rz- 33Vc y To: Village of Tequesta P.O. Box 3273 357 Tequesta Drive Tequesta, FL 33469 Gentlemen: The signer of this affidavit guarantees the truth and accuracy of all statements and information submitted herein in support of its bid proposal to furnish all materials, equipment, and labor, and to perform all work in accordance with the Contract Documents for: U.S. 1 LANDSCAPE AND IRRIGATION Project No. 95-004.40 The undersigned hereby authorizes and requests any public official, engineer, architect, surety company, bank depository, material or equipment manufacturer or distributor or any person, firm or corporation to furnish any pertinent information requested by the Owner or Owner's Engineer, Gee & Jenson Engineers-Architects- Planners, Inc., One Harvard Circle, P.O. Box 24600, West Palm Beach, Florida 33416-4600, deemed necessary to verify the statements made, information submitted, or regarding the standing and general reputation of the applicant. The undersigned has not been disqualified by any public agency in Florida except as is explained as follows: The undersigned further affirms that, if false information is furnished in support of Its bid proposal, it can and will be prosecuted to the fullest extent of the law for perjury. f36D0 L_-a Al 0 JGAPit, Go. Sworn to and subscribed before Name of Org ni • me this /c-day of c.E8cu42� • � Notary Public - State of fzetn'•4 Title of Person Signing My commission expires (If Corporation, Affix Seal) (Printed, typed, or stamped commissioned name of notary public) Personally known ✓ OR Produced identification (Type of identification) 9500440 BQF-1 PART I - STATEMENT OF EXPERIENCE: 1 ) Legal Name, Address, and'Telephone Number: ROOD LAn/.D rc,iPC ()a JAIL- - if S'.((n !aun✓rr L i C RD -Terio,gsr FLazi/9 37 ycf (901)7 ,- 2) Check one: Corporation / Partnership_; Individual_ 3) If a Corporation, state: Date of Incorporation /f c ,r State in which incorporated: .2-a,el0-® If an Out-of-State Corporation, currently authorized to do business in Florida, give date of such authorization: 4) If Partnership: Date of organization: Nature of Partnership (General, Limited, or Association): 5) If an Individual, state -- Name & Address of Owner: 6) Enumerate State, County, or other Public Agencies in which your organization is qualified to perform work by some means of prequalification: Trade in Which Expiration Approved Agency Qualified Date Amount 9500440 BQF-2 t 7) Give names & data about any construction projects you have failed to complete in the last 5 years. (Use extension sheet if necessary) 9500440 BQF-3 • FLORIDA DEPARTMENT OF TRANSPORTATION LAWTON CHILES mamma DISTRICT MAINTENANCE - DISTRICT 4 BEN G.WATTS •GOVERNOR SECRETARY 3400 Wert Commercial Boulevard Fort(suderda)q Florida 333093421 Telephone:(305)777-4200 Fax: (305)777-4223 • February 28, 1996 Mr. Gary Preston Director of Public Works Village of Tequesta P.O. Box 3273 • Tequesta, Florida 33469 Dear Mr. ston: /7- Attached are the MAINTENANCE MEMORANDUMS OF AGREEMENT that need to be executed by the Village and returned to me for execution by the Department. Upon execution by the Department one copy will be returned to you for your files along with a NOTICE TO PROCEED with the project. Should you have any questions, please call. I would also appreciate if you would forward a final set of the landscaping plans for our records. Thank you. Sincerely AgoLiwore ZBigins, ASLA Landscape Architect CBHfc Attachment DID= DISTRICT FOUR(4) HIGHWAY BEAUTIFICATION GRANT AND MAINTENANCE MEMORANDUM OF AGREEMENT DSF-REIMB THIS AGREEMENT, made and entered into this day of 19 ,by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, a component agency of the State of Florida, hereinafter called the"DEPARTMENT" and the VILLAGE OF TEOUESTA , a political subdivision of the State of Florida, existing under the Laws of Florida, hereinafter called the"AGENCY". WITNESSETH WHEREAS, as part of the continual updating of the State of Florida Highway System, the Department, for the purpose of safety, protection of the investment and other reasons, has constructed and does maintain a SIX (6) lane highway facility as described in Exhibit"A" attached hereto and incorporated by reference herein, within the corporate limits of the AGENCY; and WHEREAS, the AGENCY is of the opinion that said highway facility that contains landscape medians and areas outside the travel way to the right of way line, excluding sidewalk, shall be maintained by periodic trimming, cutting, mowing, fertilizing, litter pick-up and necessary replanting; and WHEREAS, the parties hereto mutually recognize the need for entering into an Agreement designating and setting forth the responsibilities of each party; and WHEREAS, the AGENCY by Resolution No. dated , 19 attached hereto and by this reference made a part hereof, desires to enter into this Agreement and authorizes its officers to do so; NOW THEREFORE, for and in consideration of the mutual benefits to flow each to the other, the parties covenant and agree as follows: 1. The AGENCY hereby agrees to install or cause to be installed landscaping on the highway facility as specified in plans and specifications included as Exhibit "B", with if any, the following exceptions: 2. The AGENCY agrees to maintain the landscaping within the median and areas outside the travel way to the right of way line, excluding sidewalk, by periodic trimming, cutting, mowing, fertilizing, litter pickup and necessary replanting, following the Department's landscape safety and plant care guidelines. The AGENCY's responsibility for maintenance shall include all landscape/turfed areas and areas covered with interlocking pavers or similar type surfacing(hardscape)within the median and areas outside the travel way to the right of •r way line, excluding sidewalk, on Department of Transportation right-of-way within the limits of the Project. Such maintenance to be provided by the AGENCY is specifically set out as follows: To maintain, which means the proper watering and proper fertilization of all plants and keeping them as free as practicable from disease and harmful insects; to properly mulch the plant beds; to keep the premises free of weeds; to mow and/or cut the grass to a proper length; to properly prune all plants which includes (1) removing dead or diseased parts of plants, or (2) pruning such parts thereof which present a visual hazard for those using the roadway. To maintain also means removing or replacing dead or diseased plants in their entirety, or removing or replacing those that fall below original project standards. All plants removed for whatever reason shall be replaced by plants of the same size and grade as specified in the original plans and specifications. To maintain also means to keep the hardscape areas free from weeds and replacement of any areas becoming in disrepair so as to cause a safety hazard. To maintain also means to keep litter removed from the median and areas outside the travel way of the right of way line,excluding sidewalk. Plants shall be those items which would be scientifically classified as plants and include but are not limited to trees, grass, or shrubs. The above named functions to be performed by the AGENCY, shall be subject to periodic inspections by the Department. Such inspection findings will be shared with the AGENCY and shall be the basis of all decisions regarding payment reduction, reworking or agreement termination. The AGENCY shall not change or deviate from said plans without written approval of the Department. 3. If at any time after the AGENCY has assumed the landscaping installation and/or maintenance responsibility above-mentioned, it shall come to the attention of the Department's District Secretary that the limits or a part thereof is not properly maintained pursuant to the terms of this Agreement, said District Secretary may at his option issue a written notice that a deficiency or deficiencies exist(s), by sending a certified letter to the AGENCY to place said AGENCY on notice thereof. Thereafter the AGENCY shall have a period of thirty (30) calendar days within which to correct the cited deficiencies. If said deficiencies are not corrected within this time period, the Department may at its option, proceed as follows: (a) Complete the installation or part thereof, with Department or Contractor's personnel and deduct the cost of such work from the final payment for said work or part thereof, or (b) Maintain the landscaping or a part thereof, with Department or Contractor's personnel and invoice the AGENCY for expenses incurred, or (c) Terminate the Agreement in accordance with Paragraph 6 of this Agreement and remove, by Department or private contractor's personnel, all of the landscaping 2 r installed under this Agreement or any preceding agreements except as to trees and palms and charge the AGENCY the reasonable cost of such removal. 4. It is understood between the parties hereto that the landscaping covered by this Agreement may be removed, relocated or adjusted at any time in the future as determined to be necessary by the Department in order that the state road be widened, altered or otherwise changed to meet with future criteria or planning of the Department. The AGENCY shall be given sixty (60) calendar days notice to remove said landscaping/hardscape after which time the Department may remove the same. 5. The Department agrees to reimburse the AGENCY an amount not to exceed$67,000.00 , as defined in Attachment "C". Subject to this limit, the Department will pay only for the following costs: (a) Sprinkler/irrigation system (b) Plant materials and fertilizers/soil amendments. (c Paver bricks & other hardscape items. • The Department's participation in the project cost, as described in Attachment"C" is limited to only those items which are directly related to this project. Payment shall not be made until (1) certification of acceptance is received from the AGENCY's Landscape Architect/or designee and (2) a Department Landscape Architect and/or his designee has approved the project for final payment. (a) Payment shall be made only after receipt and approval of goods and services as provided in Section 215.42, Florida Statutes. (b) Any penalty for delay in payment shall be in accordance with Section 215.422(3)(b), Florida Statutes. (c) Bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof, and bills for travel expenses specifically authorized by this Agreement,if any, shall be submitted and paid in accordance with the rates specified in Section 112.061, Florida Statutes. (d) Records of costs incurred under terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for three years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred includes the AGENCY's general accounting records, together with supporting documents and records, of the contractor and all subcontractors performing work, and all other records of the contractor and subcontractors 3 considered necessary by the Department for a proper audit of costs. (e) The AGENCY agrees to return all monies received under the terms of this Agreement, to the Department, should the landscaped area fail to be maintained in accordance with the terms and conditions of this Agreement. 6. This Agreement may be terminated under any one of the following conditions: (a) By the Department, if the AGENCY fails to perform its duties under Paragraph 3, following ten(10) days written notice. (b) By the Department, for refusal by the AGENCY to allow public access to all documents, papers,letters, or other material subject to the provisions of Chapter 119, Florida Statutes and made or received by the AGENCY in conjunction with this Agreement. 7. The term of this Agreement commences upon execution. 8. To the extent permitted by law, the AGENCY shall indemnify and hold harmless the Department, its officers and employees from all suits, actions, claims and liability arising out of the AGENCY's negligent performance of the work under this Agreement, or due to the failure of the AGENCY to construct or maintain the project in conformance with the • standards described in Section 2 of this agreement. 9. The AGENCY may construct additional landscaping within the limits of the right-of-ways identified as a result of this document, subject to the following conditions: (a) Plans for any new landscaping shall be subject to approval by the Department. The AGENCY shall not change or deviate from said plans without written approval by the Department. (b) All landscaping shall be developed and implemented in accordance with appropriate state safety and road design standards; (c) The AGENCY agrees to comply with the requirements of this Agreement with regard to any additional landscaping installed; (d) No change will be made in the payment terms established under item number five(5) of this Agreement due to any increase in cost to the AGENCY resulting from the installation of landscaping added under this item. 10. This writing embodies the entire Agreement and understanding between the parties hereto and there are no other Agreements and understanding, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. 4 11. The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the Comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of$25,000.00 and which have a term for a period of more than 1 year. 12. The Department's District Secretary shall decide all questions, difficulties and disputes of any nature whatsoever that may arise under or by reason of this Agreement, the prosecution or fulfillment of the service hereunder and the character, quality, amount and value thereof; and his decision upon all claims, questions and disputes shall be final and conclusive upon the parties hereto. 13. This Agreement may not be assigned or transferred by the AGENCY in whole or part without the consent of the Department. 14. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. In the event of a conflict between any portion of the Agreement and Florida law, the laws of Florida shall prevail. IN WITNESS WHEREOF,the parties hereto have caused these presents to be executed the day and year first above written. AGENCY STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: By: Mayor or Chairman District Secretary • Attest: (SEAL) Attest: (SEAL) Town Clerk Executive Secretary Legal Approval Legal Approval 5 JOB NO.: R3040- 3133 WPI NO.(s): 4119110 COUNTY: Palm Baach S.R. NO.: 5 EXHIBIT "A" PROJECT LOCATION STATE ROAD 5 - U.S.#1 - VILLAGE OF TEQUESTA FROM BEACH ROAD (CR 707) NORTH TO COUNTY LINE NOTE: Mileposts (MP) are obtained from Department of Transportation Straight Line Diagrams. 6 JOB NO.: 94040- 3133 WPI NO.(s): 4119110 COUNTY: Palm Beach S.R. NO.: 5 • EXHIBIT "B" The Department agrees to reimburse the AGENCY for the installation of the project as reflected in the plans attached hereto and incorporated herein. SEE ATTACHED PLANS 7 JOB NO.: 94040 - 3133 WPI NO.(s): 4119110 COUNTY: PALM BEACH S.R. NO.: 5 ATTACHMENT"C" • (GENERAL) PROJECT COST This Exhibit forms an integral part of the Highway Beautification Grant Agreement between the State of Florida, Department of Transportation and the AGENCY. Dated I. PROJECT COST: $67,000.00 C:\WFDOC\ADMIIJIDSF.RE1(revrtion 07/10N5 8 GEE &JENSON • Engi neers-Architects-Planners.Inc. One Harvard Circle West Palm Beach,FL 33409 Telephone(407)683-3301 Fax(407)686-7446 February 16, 1996 • Mr. Gary Preston, Director Public Works Village of Tequesta 357 Tequesta Drive • Tequesta, FL 33469 Re: U.S. 1 Landscaping and Irrigation Dear Mr. Preston: On February 12, 1996, one bid was received for the improvement for of the above referenced • project. Five contractors picked up the contract documents, however only one submitted a bid. Two of the bidders were not bonded, one sent a Letter of Decline (attached) and the last accidentally missed the bid date. We have reviewed the bid received and would recommend the contract for this project be awarded to the low bidder Rood Landscape Co. Inc., in the amount of $52,757.20. The Engineer's estimate is $43,247. All required submissions and bid bond were properly submitted by the low bidder with their bid. If you have any questions, please call. Very truly yours, Gee &Jenson Engineers-Architects-Planners,Inc. f 5Pa Kathleen Spain Senior Landscape Architect KS/adb 96-004 Enc. cc: Tom Bradford Harry Benoit Dade: (305)372-7191 • Broward: (305)572-4930 • Fax:(305)572-5150 I F & S ENTERPRISES, INC. RECEIVED 4 5401 N.W. 102nd Avenue, #123 FEB 0 9 1996 Sunrise, FL 33351 • (IRR16,4T(oN Goeur2Acrog,0 GEE&J_NSO W.P.B. • Feb 8,1996 Ms. Kathleen Spain Gee &Jenson P 0 Box 24600 W. Palm Beach, FL 33416 Dear Ms. Spain: Thank you very much for inviting us to bid on the Village of Tequesta project. You are installing one of the best systems we have ever had the pleasure of doing. • We must respectfully decline to bid at this time as we are committed to other projects that will require the scheduling of all of our crews. We hope you understand our situation and would appreciate you considering us for any future projects you may have. Yours truly, Dan Steuber, Pres. V LLO.JLIYJUI`I iL •4Vr —VOV 144V FLD LO 7V Li. J4 I'U .VLV r .V1 GE F &JENSON Fngincers•Areh%entn-PInnnete,Inn. One Fierverd Circle West Palm beach,FL 33409 1 clophono(40V)&i3 3301 F"x(.107)086-7440 February 28, 1996 Mr. Gary Preston, Director 357 Tequesta Drive P.O. Box 3273 Tequesta, FL 33469 RE: U.S. 1 Median Landscaping Dear Mr. Preston, This is a letter of explanation on the design revisions for the above referenced project. You may recall that the original design called for Savannah Holly Trees, colorful ground covers and a subsurface irrigation system. Although the design was within the FDOT index 546 &700 requirements, FOOT requested we revise the layout. The revised design/approved by FOOT, Is as follows: • The Savannah Holly Trees were replaced with 6'-6"clear trunk Live Oaks, which were better priced than the hollies. • The ground covers were replaced with"Floratam" sod due to anticipated weed problems with the ground covers. Since FDOT is funding this project we have honored their requests. If you should require any further explanations, please call me. Very truly yours, • 0.4".0x,eigz„, Kathleen Spain, ASLA 96004.00/100 cc: Harry Benoit Gary Preston AI Oslund JONES, FOSTER, JOHNSTON & STUBBS, P.A. ATTORNEYS AND COUNSELORS FLAGLER CENTER TOWER 605 SOUTH FLAGLER DRIVE LARRY B.ALEXANOER MICHAEL T.KRANZ ELEVENTH FLOOR CARL ANOELOFF JOHN BWR McCRACKEN WEST PALM BEACH,FLORIDA 33401 HENRYLIENTNAL 9 STEPHEN J.AUCAMP SCOTT L MCMULLEN HARRY ALLISON JOHNSTON M.TRACEY BIAOIOTTI DAVID PRATT • P.O. BOX 3475 1sa5issa CLAY C.BROOKER JOHN C.RANDOLPH JOYCE A.CONWAY STEVEN J.ROTHMAN WEST PALM BEACH,FLORIDA 33402-3475 R.BRUCE JONES MARGARET L COOPER PETER A.SACHS 1004-1pM EDWARD DIAZ D.CULVER SMITH BI (407)859-3000 • REBECCA O.DOANE SIDNEY A.STUBBS FAX:(407)832-1454 PAUL C.WOLFE CHRISTOPHER S.DUKE ALLEN R.TOMLINSON 1033.1001 H.MICHAEL EASLEY JOHN S.TAMPER RETIRED SCOTT O.HAWKINS MICHAEL P.WALSH THORNTON M.HENRY BRIAN K.WAXMAN WILLIAM A.FOSTER PETER S.HOLTON H.ADAMS WEAVER MARK B.KLEINFELD WRITER'S DIRECT LINE: OF COUNSEL L MARTIN FLANAGAN JACK A.PLIYCO March 25, 1996 • • VIA FAX: 575-6239 Mr. Gary Preston Village of Tequesta Post Office Box 3273 Tequesta, Florida 33469 RE: Village of Tequesta Florida Department of Transportation Agreement Our File No. 13153.1 Dear Gary: I have reviewed the above referenced agreement and hereby approve same as to legal form and sufficiency. It appears that on page 1 you need to make reference to the Resolution number and incorporate that language within the agreement. Sincere , hn C. Randolph JCR/ssm RESOLUTION NO. 23 - 95/96 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, APPROVING A HIGHWAY BEAUTIFICATION GRANT AND MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND AUTHORIZING THE MAYOR TO EXECUTE THE SAME 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. The District Four (4) Highway Beautification Grant and Maintenance Memorandum of Agreement DSF-REIMB with the State of Florida Department of Transportation, attached hereto as Exhibit "A" and incorporated by reference as a part of this Resolution, is hereby approved and the Mayor of the Village of Tequesta 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 llth day of April, A.D. , 1996 . MAYOR OF TEQUESTA Ron T. Mackail ATTEST: Joann Manganiello Village Clerk