HomeMy WebLinkAboutDocumentation_Workshop_Tab 02_3/30/2026 Agenda Item #2.
Workshop
STAFF MEMO
A-1
Meeting: Workshop - Mar 30 2026
Staff Contact: Doug Chambers, Director of Public Department: Public Works
Works
Discussion of Streetscape Improvements on Old Dixie Highway
SUMMARY: d 4� M
The Village Strategic Plan identifies the beautification of Old Dixie Highway as a priority initiative to
enhance community character, corridor aesthetics, and the overall appearance of one of the Village's
primary gateway corridors. In support of this initiative, the Village has been evaluating streetscape
improvements along Old Dixie Highway between Tequesta Drive and the south driveway of the
Tequesta Water Treatment Plant, a corridor approximately 3,300 linear feet in length.
Conceptual planning for this project was prepared by Kimley-Horn and Associates. The concept
focuses on converting existing painted median areas into four landscaped curbed medians, including
trees, palms, groundcover plantings, irrigation, and associated pavement markings and signage
improvements. The design would maintain appropriate turn lane lengths and roadway geometry in
coordination with Palm Beach County requirements.
The improvements are intended primarily as corridor beautification enhancements, creating a more
attractive streetscape while maintaining traffic operations and access along the corridor. All
landscaping and roadway improvements would be designed to meet Florida Greenbook visibility
requirements, MUTCD standards, and Palm Beach County roadway standards.
A preliminary opinion of probable construction cost prepared by Kimley-Horn estimates the total
project cost at approximately $494,615, including mobilization, maintenance of traffic, curbed
medians, landscaping, irrigation, signage, and pavement marking improvements, with a 15%
contingency included.
Because Old Dixie Highway is a Palm Beach County maintained roadway, the Village entered into an
interlocal agreement with Palm Beach County to facilitate the project. Under this agreement, the
County agrees to reimburse the Village for 50 percent of the design cost, $64,538.00, while the
Village would remain responsible for project construction, permitting, inspection, and long-term
maintenance of the improvements.
To move the project forward, the Village Council would be required to approve the Interlocal
Agreement with Palm Beach County. After which preparation of construction documents and
permitting plans for the streetscape improvements would begin The design scope includes survey
services, roadway and median design, landscaping and irrigation plans, and preparation of permitting
and bid documents.
Page 18 of 41
Agenda Item #2.
At this time, construction funding has not been identified. One potential funding source is a Palm
Beach Transportation Planning Agency (TPA) grant. TPA grants are competitive regional
transportation funding programs intended to support projects that improve multimodal transportation
corridors, safety, and community mobility. Streetscape projects that include roadway safety or
multimodal elements may be eligible for consideration.
However, TPA grants typically require projects to compete regionally and must meet specific eligibility
criteria, including consistency with regional transportation priorities, readiness for implementation, and
demonstrated transportation benefits. The grant process is highly competitive, and projects are
typically programmed several years into the future. As a result, funding is not guaranteed and the
timeline for receiving grant funding can take several years from application to construction.
Given these considerations, staff is presenting this item for discussion with the Council regarding the
Village's preferred path forward. Options may include continuing design and pursuing external grant
funding such as through the TPA, identifying alternative funding sources, or reconsidering the timing
and scope of the project.
This document and any attachments may be reproduced upon request in an alternative format by
completing our Accessibility Feedback Form, sending an e-mail to the Village Clerk or calling 561-
768-0443.
BUDGET • - •
BUDGET AMOUNT N/A AMOUNT AVAILABLE N/A EXPENDITURE AMOUNT: N/A
FUNDING SOURCES: N/A IS THIS A PIGGYBACK:
❑ Yes 0 N/A
DID YOU OBTAIN 3 QUOTES?
❑ Yes M N/A
COMMENTS/EXPLANATION ON SELECTIONWorkshop Discussion only
-,POVJWIAL,MOTION / DIRECTION REQUESTED:
No motion taken at a Workshop
Old DixieHwyStreetscape SiteRender
Old DixieHwyStreetscape PrelimOPC
Tequesta - OldDixieStreetscape Work Authoriztion Costs
Old DixieHwyStreetscape ConceptSummary
Interlocal Agreement Village of Tequesta PBC Old Dixie Highway Improvements 2.27.26
Page 19 of 41
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Agenda Item #2.
F 0
imle Horn
PRELIMINARY OPINION OF PROBABLE CONSTRUCTION COST
Date: 12.7.23
Project Name: Old Dixie Highway Streetscape
Item No. Description Unit Quantity Unit Cost
1 Mobilization/Demobilization LS 1 $ 353000 $
2 Maintenance of Traffic ALLOW 1 $ 103000 $
3 Bonds LS 1 $ 35,000 $
4 Insurance LS 1 $ 35,000 $
5 Construction Permits ALLOW 1 $ 57000 $
or
Item No. Description Unit Quantity Unit Cost
6 Demo pavement SF 6000 $5 $
7 Type D Curb LF 2600 $15 $
8 Patch asphalt SF 2000 $6 $
9 SWPPP LS 1 $10,000 $
10 Striping/Pavement marking LS 1 $30,000 $
11 RPMs LS 1 $10,000 $
12 Regulatory Signage EA 8 $1,500 $
Item No. Description Unit Quantity Unit Cost
13 Trees EA 7 $ 15500 $
14 Palms EA 17 $ 25000 $
15 Shrubs/Groundcovers SF 4800 $ 10 $
16 Mulch EA 4800 $ 2 $
17 Hardscape/Stones LS 1 $ 5,000 $
Item No. Description Unit Quantity Unit Cost
18 Irrigation in landscaped medians SF 4800 $ 2 $
19 Missile Bore 30 LF EA 4 $ 25500 $
20 Solar controller EA 1 $ 25000 $
21 Mainline/wire LF 2400 $ 18 $
Subtotal: $
15%Contingency: $
GRAND TOTAL: $
Note: The Consultant has no control over the cost of labor, materials,
equipment, or over the Contractor's methods of determining prices or over
competitive bidding or market conditions. Opinions of probable costs provided
Agenda Item #2.
1 . .
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VILLAGE OF TE UESTA
PROFESSIONAL IONAL SERVICES WORK AUTHORIZATION
ATION
OLD DIXIE HIGHWAY — STREETSCAPE DESIGN SERVICES
This pork Authorization authorizes I" imle -Horn and Associates, Inc. to perform work set forth
herein and is issued pursuant to the General Consulting Services continuing contract
F F =PW/Utilitie a 03-10-2025 SIC, between the pillage of Teque to (I'Client" or "pillage") and
im le -Horn and Associates, Inc. " im le -Horn' or "Consultant"), dated October 10, 202
(`°Agreement"). All terms and conditions of said Agreement are hereby incorporated and made
part of this Work Authorization.
Project Understanding
The pillage has requested that Kimle r-Horn prepare construction documents for permitting and
bidding the Old Dixie Highway street cape project in Tequesta, FL. The project limits are the R/W
of old Dixie Highway from the intersection of Tequesta Drive north to the south driveway of the
Teguesta Water treatment plant, approximately 3,300 linear feet.
Per the preferred concept developed under a separate task, four new curbed medians will be
designed as a part of a beatification effort for this portion of old Dixie Highway. The four medians
will be designed with landscaping and irrigation, meeting County and Florida Green Boob design
standards. The entire project is located within Old Dixie Highway, a Pala Beach county facility.
it is anticipated that the pillage will eater into an interlocal agreement with Palm Beach County to
share the cost of the project. Additional grants and funding sources (not identified at the time of
the preparation of this work authorization) may also be used for the design and implementation
of the project.
Project Assumptions
This scope of services assures the following:
This scope of services is limited to the design of improvements within the R/W of old Dixie
Highway.
The project will be designed and permitted as a single phase, constructed in one single
phase.
The pillage MI prepare and mail or otherwise advertise any required public notifications
related to the project.
The design and permitting of offsite improvements (drainage, utilities, roadway, etc.) are
excluded from this agreement. All work will be limited to the W of Old Dixie Highway}
with roadside improvements limited to irrigation water connection .
Fnvironrnental impact studies and assessments are not anticipated. Professional
Environmental services to prepare studies or assessments are not included in this
agreement.
R/W permitting through Pala Beach counter is required for this scope of work.
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Agenda Item #2.
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0 pillage of Tequeta permits for this project are not anticipated to be required. Plans will
he submitted to the pillage for review and comment by pillage Staff as a part of project
progress u bm ittal .
0 A landscape design will be prepared for the medians per Florida Green Book requirements
for limits of clear sight and lateral offset criteria.
a An irrigation design will be prepared using Village-preferred equipment.
0 The roadway appears to be crowned in the center with existing drainage at the roadside.
o drainage impacts are anticipated by introducing medians to the crowned portion of the
roadway. Professional engineering services to prepare drainage designs are not included
in this agreement.
0 Utility design services are limited to water main taps, meters, and ba l flow devices to
serve as water source(s) for the proposed irrigation system. Client has indicated that
static water pressure in exciting potable water mains Is — 0 pia which is adequate to
power the system without the creed for booster pumps.
0 client has indicated that batten or solar powered irrigation controller types are acceptable.
Electrical engineering services are not anticipated to be required, so those services are
not included.
0 Presentation at public meetings or commission hearings is not anticipated; preparation of
renderings or attendance at such meetings or hearings is not included.
future project will resurface the roadway. Any stri ping mod ifications desig nod under+this
agreement may be accommodated with the future resurfacing project in mind.
0 Bid and Construction Phase services are not requested by the Tillage at this time; those
services may be added by the Tillage with a project amendment.
0 Grant application assistance services are not requested by the Tillage at this time; those
services may be added by the pillage with a project amendment.
0 No existing trees are anticipated to be impacted by the proposed improvements. Survey
services do not include locating existing trees or tree masses.
Scope of Services
l imle -Horn will provide the services specifically set forth below.
TASK 1: SURVEY SERVICES
subconsultant to I imley-Horn will prepare a Topographic Survey to National American
Vertical Datum 1 D 8). Services provided are limited to the following:
• Minimum of two permanent benchmarks per every 0 ' on site; description and elevation
to nearest .01'.
• Spot elevation at each intersection of a 0-foot square grid covering the property.
• Spot elevations at street intersection and at 100 feet on center curb, sidewalk and edge
of paving including far side of paring.
2
Page 23 of 41
Agenda Item #2.
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0 Topographic data will be obtained at 100-foot intervals of the road from right-of-via to
right-of-way.
0 Plotted location of structures, man-made e.g., paved areas) and natural features. Ye
0 Location of fire hydrants available to the property.
0 All road striping will be located
0 Location and characteristics of power and communications systemsabove grade.
0 Location, size, depth and direction of flow of sanitary sewers, storm drains and culverts
serving, or on, the property; location of catch basins and ?manholes, and inverts of pipe at
each.
0 kale of drawing is typically 1 t'=20' unless the Client specifies a kale.
0 SUE (Subsurface Utility Exploration) services are not included
TASK 2 —BID/CONSTRUCTION DOCUMENTS
Using the Village-approved concept plan, prepared under a separate work authorization,
Consultant will prepare plans and details suitable for permitting and bidding purposes: with
engineering, landscape and irrigation. During this task, the consultant will perform the following:
0 contact utility owners and request any available information depicting the locations and
configuration of existing utilities within the project impact area.
0 confirm the project surrey with one "plans in hand" site visit with the client.
0 Attend coordination meetings with Palm Beach counter related to permitting the proposed
improvements.
0 Prepare 90% construction documents typically consisting of the following:
■ Services for this task are limited to the following:
* corer Sheet
• General notes
• Demolition Plans I Erosion control Plans/ SWPPP Details and Notes
Roadway Plans
■ curbed median design
■ Signing and ?narking to show modifications to existing.
0 Roadway Details will consist of details that support the engineering plan
described above
0 Planting Plans and Details for proposed improvement areas will delineate plant
material, plant quantities, plant schedules, specifications and project-specific
planting details, including code required planting calculations.
0 Irrigation Plarns a nd Details designed to provide irrigation coverage for all exterior
proposed landscaped areas, as directed by client.
■ calculation of irrigation system requirements based on water application per
week and water window availability as determined by local ?municipality and
South Florida Water Management District.
■ Water source(s) evaluation for irrigation system
3
Page 24 of 41
Agenda Item #2.
1 . .
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■ Irrigation mainline and sub-mainline sizing with recommended routing.
■ Irrigation controller locations with power supply drop locations coordinated with
electrical plans.
■ Material legend of all components.
■ Ancillary rotes, calculations, and labels as required to develop a master
irrigation system.
■ SFWMD Water use permit application on behalf of the client for well water
source, as re q u i red.
• Submit the 90% bid/construction drawings to the client for review and meet with the Client
to discuss. After review, address reasonable review comments as part of the final
bid/construction drawings.
• Submit the repined 90% drawings for permit application to the pillage for building permit.
■ All Permit fees to be paid directly by the Client
• Provide an updated OPCC for the 90% plans.
Deliverables
0 Progress PDF plan sets will be emailed to the Client every other week until 90% plans are
submitted.
a Sets of the 0% construction drawings in 245.1x 36" format for internal and permit review
0 Updated OPCC.
TASK 3 — PERMITTING
The Consultant will prepare and submit applications, calculations, supporting documents and
plans for review by Palm Beach County for /W construction permitting.
o other agency approvals are anticipated or included in this scope of services other than those
identified above. All permitting fees will be the responsibility of the client. Project representation
for this task is required and is included in this proposal.
Consultant will provide up to two 2 rounds of responses to reasonable comments by Palm Beach
Counter. construction permitting, planning department reviews, commission reviews, zoning
board approval, or similar through the pillage of Tequeta is not anticipated and is not included.
TASK 4 — FINAL BID/CONSTRUCTION DOCUMENTS
Once the 90% construction drawings have been approved by the Client, these will be used as the
basis for preparing the final bid/ construction documents.
Specifications will be a part of the plan set. No separate technical specification booklet will be
produced. Kimley-Horn will assist the Client in the preparation of certain sections of Division 1
specifications, limited to description of work, measurement and payment, and bid form. During
this task, the Consultant will perform the following:
* Revise a the drawings prepared in Task 2 per the Client and Counter comments.
0 Tabulate anticipated construction items, quantities, and measurement and payment items
and their associated rotes.
Page 25 of 41
Agenda Item #2.
1 . .
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Prepare Division 1 required provisions for inclusion into the client-provided contract
documents:
■ Determine anticipated construction time for contract purposes.
■ Update the engineer's opinion of probable construction costs.
■ Prepare a bid fora that will list the separate pay items, estimated quantities, and units.
■ Provide the Client with a project description to be included in the client's front-end
documents.
Deliverables
0 Three sets of the final construction drawings in 2411x 36" format
0 Updated engineers' opinion of probable construction cost for the proposed improvement
AutocAD files of construction plans
S Word and Excel files of specifications or reports prepared related to this project
TASK 5 — PROJECT REPRESENTATION
E ENTATION
t the client's request, I imle r-Horn will represent the project and/or make presentations to
Tillage Staff, Tillage Commission, or permit agencies. Services under this task will be provided
on are hourly plus expense basis with a designated maximum fee_ Anticipated meetings are a
follows:
• Lip to three (3) face-to-face meetings consisting of the following-.
• Kick-off Meeting
• Progress meetings with Tillage staff
• Meetings with Palm Beach County related to R/W permitting and approvals
• Up to eight conference calls:
• coordination with Tillage PM/Staff
• Coordination with Palm Beach county
Additional Services
The following services are net included in the scope of services, but can be provided as additional
services if authorized by you:
• Bid Phase Services
• Construction Phase Services
• Grant application assistance
• Environmental surveys, studies, or reports
• Geotechnical engineering/reporting
• Subsurface Utility Exploration (SIDE) services
• completion of the capital financing plan or worksheet if required by funding agency.
• Financial feasibility, revenue, user charger or capital financing plan assessment.
• Signage design for project signs and/or gateway signs
Page 26 of 41
Agenda Item #2.
1 .8.25
Information and Services Provided by the Village
I imle -Horn assumes that all information provided by the Village can be relied upon in the
performance of professional services. The following information shall be provided to Kirnley-Horn
and/or the following services will be performed by the Village.
• Access to project site
• Existing utility information
• Irrigation equipment preferences
Schedule
I imle -Horn will provide services as expeditiously as practicable to meet a mutually agreed upon
schedule.
Fee and Billing
Kimle -Horn will perform the Scope of Services in Tasks 1-5 for the lump sum fee below in
accordance with the terms established in the Professional Engineering Services Agreement
between the Tillage and I irnley-Horn.
Individual task amounts are informational only. Kimle r-Horn reserves the right to reallocate
amounts among tasks as necessary.
Task No. Description Fee
1 Survey Services Subcon ultant 18a658
2 Bid/Construction Documents 1 14
Permitting Services $ 7,670
4 Final Bid/construction Documents $ 10,125
Project are entation/Meetin 9940
Total Lump Sum Fee
Closure
In addition to the matters set forth herein, our Agreement shall include and be subject to, and only
to, the attached Standard Provisions, which are incorporated by reference. As used in the
Standard Provisions} "Consultant" shall refer to Kimle -Horn and Associates, Inc.} and "client"
shall refer to Tillage of Teque ta.
Remainder ainder of page inteotionally blank.
6
Page 27 of 41
Agenda Item #2.
12.8.25
If you concur in all the foregoing and wish to direct us to proceed with the services, please have
authorized persons execute both copies of this Agreement in the spaces provided below, retain
one copy, and return the other to us. We will commence services only after we have received a
fully executed agreement. Fees and times stated in this Agreement are valid for sixty (60) days
after the date of this letter.
Accepted by:
Village of Tequesta Kimley-Horn and Associates, Inc.
(,or 6 4
Vr
Jeremy Allen Christopher W Heggen, P.E.
Village Manager Senior Vice President
Date: Date: 12.8.25
\"s'i
Jonathan D. Haigh, PLA, ASLA
Project Manager
7
Page 28 of 41
Agenda Item #2.
ESTIMATE FOR PROFESSIONAL SERVICES
PROJECT; Old DIxie Streetsca e-CDs,Bid,and Consbvdton Phase Smices
CLIENT: _Village of Teguestia
ESTIMATOR, JDH 12KW25
DESCRIPTION: BIRECT LABOR MAN-HOURS
See Soope of Services SUIS r = LINE
PrImipal Sr Pr&. St Prof. Prof. Prof. Prof. Prof. Support TOTAL
isEnq.) (LA) (ENG) (LAJENO) (Lk ENG) (Eng.) Staff
(PM'�
Task 1-Survey Services
Survey Services $ 18,858
Task 2-Bid/Construction aoc.s
Utility oord i nation 2.0 4.0 $ 860
Cover Sheet 1.0 2,0 $ 430
General Notes 1.0 1.0 4.0 $ 1.025
Derrolition Plan 1.-D 2.0 10.0 $ 2,{D15
Erosion Control Plan 1. 2.0 10.0 $ 2,015
Engineering Roadway Plans 2.-D 1.0 4.0 20.0 $ 4,305
Landscape PlenslDetails 13_0 2.0 16.0 $ 3,365
Irrigation PIansMetails &0 2.0 16,0 $100 $ 3,465
OPC Prep 1.0 2.0 2.0 2.0 2.0 $ 1,665
Task 3-Permitting Services
County RIVV permitting 2.0 8.0 15.0 $100 $ 4,170
Coundy progress approvals 2.0 2.0 8.0 8,0 $ 3,500
Task 4-Final Bid/Gonstruction Dote
Cover Sheet 1.0 140
General Notes 1,0 1,0 $ 455
Demolition Plan 1.0 1.0 4.0 $ 1,025
Erasion Control Plan 1.0 1.0 4.0 3 11,025
EngIneering Plan 1,0 1_0 3.0 5,0 3 1,740
H a rdsca a Plans 2.0 3.0 5.0 5 1,700
Landscape Plans/Details 1.0 5.0 $ S75
Irrigation Plans/Details 1.0 4.0 5,0 $100 $ 1,675
OPC update 1,0 1.0 2.0 2,0 2,0 $ 1.390
Task 5-Project Representation
Face-fo-face m ee t i r r s 3 3,0 9.0 9,0 $200 $ 4.880
Conference ca I I/roc rdinatiun 1 4.0. 8_0 4.0 $ 4,060
t i i i
TOTAL HOURS 0.0 32_0 34.0 0.0 52.0 140.0 0.0 0.0 4_0 18658_0 500.0
LABOR HOUR 325.00 315.00 275.00 190.00 150.00 140.00 110.00 0.00 110.00 1.00 1A0
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 $ -
TOTALS1 0,04 1 6 930'00L 9,350.00 1 0,00 1 7,800,00 1 29,860_00 1 1104 1 0,00 1 440.00 1 18.658.00 500,00 $ 64,538
I :IVVPD_IALP1_Marketing%Proposalsl 0 5lTequesta-old Dixie treaiscapeTull- D&Tequesta-Rernemberance Park_Fee_Estimate_7-25-24 12J8/2025
Page 29 of 41
Agenda Item #2.
Kimley>>> Horn
MEMORANDUM
To: Doug Chambers, Director of Public Works -Village of Tequesta
From: Jonathan Haigh, PLA, ASLA- Kimley-Horn and Associates, Inc.
Date: December 7, 2023
Subject: Old Dixie Highway Streetscape—conceptual Design Summary
This memo is a summary of the conceptual design for Old Dixie Highway from the intersection of
Tequesta Drive north to the South driveway of the Tequesta Water treatment plant, approximately 3,300
linear feet.
Kimley-Horn prepared an initial concept for a Video conference presentation to Palm Beach County on
November 13, 2023. During this meeting, the configuration of medians and overall goals for
beautification were discussed. It was noted that the general configuration was acceptable, with some
minor modifications to accommodate the unique driveway and turn lane conditions that currently exist
within the project limits. Ultimately, it was agreed that four medians would be acceptable, implementing
County minimum turn lane lengths and geometry.
Median #1 between Tequesta Drive and Lighthouse circle: This median would be created to convert
portions of yellow crosshatch markings into a curbed median. Kimley-Horn proposes a configuration
of three flowering trees (max mature trunk a@ 1'1" or less) and three skinny palm trees (max mature
trunk @ 4" or less). Croundcovers and shrubs would be designed as accents to enhance the median.
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Page 30 of 41
Agenda Item #2.
Kimley>>> Horn Page 2
Median#2 between Lighthouse Circle and the US Post office driveway.- This median would be created
to convert portions of yellow crosshatch markings into a curbed median and introduce a southbound
dedicated turn lane into Lighthouse Drive. Kimley-Horn proposes a configuration of one flowering tree
(max mature trunk a@ 11" or less) and three skinny palm trees (max mature trunk a@ 4" or less).
Groundcovers and shrubs would be designed as accents to enhance the median.
OLD DWIE "NY
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Median#3 just south of Village Boulevard: This median would be created to convert portions of yellow
crosshatch markings into a curbed median. Kimley-Horn proposes a configuration of three flowering
tree (max mature trunk @a 11" or less) and six skinny palm trees (max mature trunk @a 4" or less).
Groundcovers and shrubs would be designed as accents to enhance the median.
%1111%116�
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Median #4 between Village Boulevard and the Futures Palm Beach driveway: This median would be
created to convert portions of yellow crosshatch markings into a curbed median. Kimley-Horn proposes
Page 31 of 41
Agenda Item #2.
mley)))Horn Page 3
a configuration of four skinny palm trees (max mature trunk 4" or less). Groundcovers and shrubs
would be designed as accents to enhance the median.
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PA L B EACH
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: All landscape will be designed to Florida Greenbook standards for visibility and lateral offset
criteria.
• All signage and pavement marking will be designed to MUTCD standards.
All medians will be designed to Palm Beach county standards.
Based on the conceptual design noted above and the proposed planting configuration, Kimley-Horn
has prepared a preliminary opinion of probable construction cost (OPC) of roughly $500,000 inclusive
of 15% contingency. This OPC excludes resurfacing the roadway, but includes construction of the
medians, along with striping, signage, landscape, and irrigation, as well as contractor
overheadlprof itlbond sli nsu ra nce.
A copy of the full conceptual design and the OPC are attached.
Page 32 of 41
Agenda Item #2.
AN AGREEMENT BETWEEN
PALM BEACH COUNTY, FLORIDA
AND THE VILLAGE OF TEQUESTA,
FOR JOINT FUNDING OF DESIGN OF STREETSCAPE IMPROVEMENTS FOR
OLD DIXIE HIGHWAY
THIS AGREEMENT, is made and entered into this day of ,
2026, by and between Palm Beach County, a political subdivision in the State of Florida, by
and through its Board of County Commissioners ("County") and the Village of Tequesta, a
municipal corporation of the State of Florida ("Village") individually ("Party") and
collectively ("Parties")
WITNESSETH:
WHEREAS, the Village desires to install streetscape improvements located along Old Dixie
Highway from the intersection of Tequesta Drive North to the south driveway of the Tequesta
Water Treatment Plant (hereinafter, the "Project") and more particularly described in
"EXHIBIT A" of this Agreement; and
WHEREAS, the Project is located along Old Dixie Highway, a County maintained right of
way; and
WHEREAS, the Village agrees to design, permit and construct the Project and County
agrees to participate in joint funding of the design for the Project; and
WHEREAS, Section 163.01 of the Florida Statutes allows governmental units to make the
most efficient use of their powers by enabling them to cooperate with other agencies on a
basis of mutual advantage and thereby provide services and facilities that will harmonize
geography, economy, population and other factors influencing the needs and development of
local communities; and
WHEREAS, the Parties declare the Project to be in the public's best interest;
NOW, THEREFORE, for and in consideration of the mutual covenants contained herein,
the Parties agree as follows:
1. Recitals. The above recitals are true and correct to the best of the knowledge of the
Parties and are incorporated herein by this reference.
2. The purpose of this Agreement is to specify the Parties' respective roles and
obligations regarding design, construction, funding, and maintenance of the Project.
3. COUNTY RESPONSIBILITIES
A_ The C minty agrees to reimhurse the Village for fifty percent(50%) of the design cost
Agenda Item #2.
4. VILLAGE RESPONSIBILITIES
A. The Village, at its discretion and solely contingent on obtaining satisfactory funding
assistance, agrees to design, permit and construct the Project. Project shall be
constructed in accordance with all applicable federal, state, and local statutes, rules
and regulations, and standards. The Village shall be responsible for obtaining all
necessary clearances and permits required for the construction of the Project from the
appropriate permitting authorities. Upon completion of the Project, the Village shall
certify to the County in writing that the Project has been completed in accordance
with the applicable standards, statutes, rules and regulations.
B. The Village shall apply for a right-of-way permit, pursuant to the County Right-of-
Way Ordinance as needed. The Village agrees to comply with all Right-of-Way Permit
conditions and requirements.
C. The Village shall not sublet, assign, or transfer any responsibilities under this
Agreement without the prior written consent of the County.
D. The Village shall obtain the County's written approval for any design changes or field
adjustment/modification to the construction of the Project.
E. The Village shall be solely responsible for any costs caused by its own delays, and
delays caused by the Contractor or any dispute that may arise between the Village and
the Contractor, including but not limited to Project delays.
F. The Village shall be solely responsible for, and agrees to provide or cause to be
performed, all inspection services during construction of the Project.
G. Upon final acceptance of the Project by the County, the Village shall be solely
responsible for, and agrees to operate and maintain, including repairing and replacing,
the Project in perpetuity and in compliance with the Right-of-Way Permit.
H. In the event Village is unable to obtain satisfactory funding assistance to undertake the
project,Village shall notify the County,the Project shall not proceed,this Agreement
shall terminate, and the Village shall reimburse the County for any or all of the design
funding provided by the County within thirty (30) days of receiving written request
for reimbursement from the County subject to deduction based on the Project costs
incurred as of the date of termination. Said deduction of Project costs incurred shall
be subject to County review and concurrence.
5. PAYMENT
Agenda Item #2.
statement requesting the reimbursement and its amount, as well as the name and
signature of the person making the request.
6. TERMINATION AND DEFAULT
A. In the event satisfactory funding cannot be obtained to complete the Project, the
Village shall provide, pursuant to this Section, a notice of Project cancellation to the
County within 15 days of learning that said funding cannot be obtained and this
Agreement shall be terminated. Either Party may terminate this Agreement via written
notice within thirty (30) days prior to Project commencement, except that the Village
may terminate the Agreement only after the Village has reimbursed the County for
any and all funding provided by the County subject to deduction based on the Proj ect
costs incurred as of the date of termination. Said deduction of Project costs incurred
shall be subject to County review and concurrence.
B. If during Project construction, the County determines that the Village is not
constructing Project in accordance with the agreed upon design or right of way permit,
the County shall notify the Village of the deficiency in writing with a requirement
that the Village correct the deficiency within a reasonable time but no less than 30
days. However, if the County determines that said deficiency creates an emergency
or condition that is hazardous to the public, said deficiency shall be corrected
immediately. If the Village fails to correct the deficiency within the specified period
of time, County may seek enforcement of the deficiency or this agreement through any
enforcement method available by law.
C. If the County requires termination of the Agreement for reasons other than
unsatisfactory performance by the Village,the County shall notify the Village of such
termination,with instructions as to the effective date of termination or specify the stage
of work at which the Agreement is to be terminated and the Village shall reimburse
the County for any and all funding provided by the County within thirty(30) days of
receiving written request for reimbursement from the County, subject to deduction
based on the Project costs incurred as of the date of termination.
7. GENERAL PROVISIONS
A. Indemnification. The Village shall protect, defend,reimburse, indemnify, and hold the
County,its agents, employees, and elected officers free and harmless from and against
all claims, liability, expenses, losses, costs, fines and damages, or causes of action of
every kind or character, including attorney's fees and costs, whether at trial or
appellate levels or otherwise arising out of, during, or as a result of the Village's
performance of the terms of this Agreement, or due to the acts or omissions of the
Village arising under the performance of the terms of this agreement. The Village's
! . 4 . 1 . 7 1 4 , 1 4 7 4. .. 4 44 41 .7 n 41
Agenda Item #2.
be construed as the Village's consent to be sued. Notwithstanding the foregoing, the
Village's obligation to protect, defend, reimburse, indemnify, and hold harmless the
County, its agents, employees and elected officers shall be limited to the monetary amounts
set forth in the Statute only for those claims to which the monetary amounts in the Statute
apply.
B. Additional Insured. Village agrees to require the Contractor of the Project to cause
County to be an additional insured party on the Contractor's comprehensive general
liability and property damage liability insurance policies for construction of the
Project.
C. Bud-e�tary Conditions. All provisions of this Agreement calling for the expenditure
of money by either Party prior to the time actual construction of the Project begins, are
subject to annual budgetary funding. Each Party's performance and obligation to pay
under this Agreement is contingent upon an annual appropriation by their respective
governing bodies. However, once the County provides its funding for the Project to
the Village, the Village shall prosecute the Project to completion unless the Village
fails to have funding to complete the Project. In that situation, the Village shall return
the funds received from the County subject to deduction based on the Project costs
incurred as of the date of termination. Said deduction of Project costs incurred shall
be subject to County review and concurrence.
D. Notice. Any notice, request, instruction, demand, consent, or other communication
required or permitted to be given under this Agreement shall be in writing (including
facsimile or electronically) and shall be delivered, as elected by the Party, by means
of courier or messenger service, by facsimile or email (followed by mailing of hard
copy by U.S. mail) or by certified mail, postage prepaid, and certified return receipt
requested to the following addresses or such other addresses as the Parties may provide
to each other in writing:
To Village: Village of Tequesta
Attn: Public Works Director
345 Tequesta Drive
Tequesta, FL 33469
To the County: Palm Beach County
Attn: David L. Ricks, County Engineer
Engineering and Public Works Department
P.O. Box 21229
West Palm Beach, FL 33416-1229
E. Legal Fees. The Parties shall bear their own costs or expenses, including reasonable
attorney's fees, associated with the enforcement of the terms and conditions of this
Agreement.
Agenda Item #2.
G. Venue. This Agreement shall be construed and governed by the laws of the State of
Florida. Venue for any and all legal action necessary to enforce this Agreement shall
be held in Palm Beach County. No remedy conferred upon either Party by this
Agreement is intended to be exclusive of any other remedy existing at law, in equity
or otherwise. No single or partial exercise by either Party of any right, power or
remedy hereunder shall preclude any other or further exercise thereof.
H. Preparation. Preparation of this Agreement was a joint effort of the Parties and should
not be construed more severely against one Party than the other.
I. Non-Discrimination.
The County is committed to assuring equal opportunity in the award of contracts and
complies with all laws prohibiting discrimination. Pursuant to Palm Beach County
Resolution R2025-0748, as may be amended, the Consultant warrants and represents
that throughout the term of the Contract, including any renewals thereof, if applicable,
all of its employees are treated equally during employment without regard to race,
color, religion, disability, sex, age, national origin, ancestry, marital status, familial
status, sexual orientation,or genetic information.Failure to meet this requirement shall
be considered default of the Contract.
As a condition of entering into this Agreement, the Village represents and warrants
that it will comply with the County's Commercial Nondiscrimination Policy as
described in Resolution R2025-0748, as amended. As part of such compliance, the
Village shall not discriminate on the basis of race, color, national origin, religion,
ancestry, sex, age, marital status, familial status, sexual orientation, disability, or
genetic information in the solicitation, selection, hiring or commercial treatment of
contractors, vendors, suppliers, or commercial customers, nor shall the Village
retaliate against any person for reporting instances of such discrimination. The Village
shall provide equal opportunity for contractors,vendors and suppliers to participate in
all of its public sector and private sector contracting and supply opportunities,
provided that nothing contained in this clause shall prohibit or limit otherwise lawful
efforts to remedy the effects of marketplace discrimination that have occurred or are
occurring in the County's relevant marketplace in Palm Beach County. The Village
understands and agrees that a material violation of this clause shall be considered a
material breach of this Agreement and may result in termination of this Agreement.
This clause is not enforceable by or for the benefit of, and creates no obligation to, any
third party. Village shall include this language in its contracts.
J. Sever ability. In the event any provision hereof is held invalid by a court of competent
jurisdiction, the remaining portions of the Agreement shall remain in full force and
effect.
K. Entire Understanding. This Agreement represents the entire understanding of the
Parties and supersedes all other negotiations,representations or written or oral,relating
to this Agreement.
Agenda Item #2.
with contract requirements and detect corruption and fraud. Failure to cooperate with
the Inspector General or interfering with or impeding any investigation shall be in
violation of Palm Beach County Code, Section 2-421 - 2-440, and punished pursuant
to Section 125.69, Florida Statutes, in the same manner as a second degree
misdemeanor.
M. Records. The County and Village shall maintain books, records, and documents to
justify all charges, expenses and costs incurred or paid by them under this Agreement
in performance of the term of this Agreement, in accordance with Generally Accepted
Accounting Principles (GAAP), as promulgated by the Government Finance Officers
Association from time to time. The County and Village shall have access to all books,
records, and documents as required in this Agreement, and for at least five (5) years
after completion of the Project.
Notwithstanding anything contained herein, as provided under Section 119.0701,F.S.,
if the Village: (i)provides a service; and(ii) acts on behalf of the County as provided
under Section 119.011(2) F.S., the Village shall comply with the requirements of
Section 119.0701, Florida Statutes, as it may be amended from time to time. The
Village is specifically required to:
a. Keep and maintain public records required by the County to perform services
as provided under this Agreement.
b. Upon request from the County's Custodian of Public Records, provide the
County with a copy of the requested records or allow the records to be
inspected or copied within a reasonable time at a cost that does not exceed the
cost provided in Chapter 119 or as otherwise provided by law. The Village
further agrees that all fees, charges and expenses shall be determined in
accordance with Palm Beach County PPM CW-F-002, Fees Associated with
Public Records Requests, as it may be amended or replaced from time to time.
C. Ensure that public records that are exempt, or confidential and exempt from
public records disclosure requirements are not disclosed except as authorized
by law for the duration of the contract term and following completion of the
Agreement, if the Consultant does not transfer the records to the public
agency.
d. Upon completion of the Agreement, the Village shall transfer, at no cost to
the County, all public records in possession of the Village unless notified by
County's representative/liaison, on behalf of the County's Custodian of
Public Records, to keep and maintain public records required by the County
to perform the service. If the Village transfers all public records to the County
upon completion of the Contract, the Village shall destroy any duplicate
public records that are exempt, or confidential and exempt from public
records disclosure requirements. If the Village keeps and maintains public
rAonrAo»mcvn r f fk- Cr%" rao+ fbia Trill-ama ob all mAAt all
Agenda Item #2.
any and all remedies available to it, including but not limited to, the right to
terminate for cause. Village acknowledges that it has familiarized itself with
the requirements of Chapter 119, F.S., and other requirements of state law
applicable to public records not specifically set forth herein.
IF THE VILLAGE HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO
THE VILLAGE'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEMENT, PLEASE CONTACT THE
CUSTODIAN OF PUBLIC RECORDS AT RECORDS REQUEST,
PALM BEACH COUNTY PUBLIC AFFAIRS DEPARTMENT, 301
N. OLIVE AVENUE,WEST PALM BEACH, FL 33401, BY E-MAIL
AT RECORDSREQUEST@PBCGOV.ORG OR BY TELEPHONE
AT 561-355-6680
N. Contractual Relationship. County and Village are and shall be, in the
performance of all work, services and activities under this Agreement independent
contractors and not employees, agents or servants of the other Party. All County
employees engaged in the work or services performed pursuant to this Agreement shall
at all times, and in all places, be subject to County's sole direction, supervision, and
control. All Village employees engaged in the work or services performed pursuant
to this Agreement shall at all times, and in all places, be subject to Village's sole
direction, supervision, and control. The Parties shall exercise control over the means
and manner in which it and its employees perform the work, and in all respects the
Parties' relationship and the relationship of its employees to the other Party shall be
that of an independent contractor and not as employees or agents of the other. The
County and Village do not have the power or authority to bind each other in any
promise, agreement or representation without the prior written consent of the other
Party.
O. Required Consultants/Personnel. Village represents that it has, or will secure, all
necessary personnel required to perform the Project services required of it under this
Agreement. Such personnel shall not be agents, employees of or have any contractual
relationship with the County. All of the Village services required herein under shall
be performed by Village or its consultants and contractors, with any such personnel
engaged in performing such services to be fully qualified and, if required, authorized,
licensed or permitted under State and local law to perform such services.
P. Waiver. Any waiver by either Party of its rights with respect to a default under this
Agreement, or with respect to any other matters arising in connection with this
Agreement, shall not be deemed a waiver with respect to any subsequent default or
other matter. The failure of either Party to enforce strict performance by the other
Party of any of the provisions of this Agreement or to exercise any rights under this
Agenda Item #2.
County and Village further agree to the inclusion of this provision in all subcontracts
issued as a result of this Agreement.
R. Waiver of July Trial. The Parties hereby waive any rights either of them may have to
a jury trial in any litigation arising out of or related to this Agreement and agree that
they shall not elect a trial by jury. The Parties hereto have separately, knowingly and
voluntarily given this waiver of right to trial by jury with the benefit of competent legal
counsel.
S. Convicted Vendor List.As provided in Sections 287.132-133,Florida Statutes, as may
be amended from time to time, by entering into this Agreement or performing any
work in furtherance hereof,Village shall have its contractor certify that their affiliates,
suppliers and sub-consultants who will perform hereunder, have not been placed on
the convicted vendor list maintained by the State of Florida Department of
Management Services within thirty-six (36) months immediately preceding the date
hereof.
T. Scrutinized Companies. As provided in F.S. 287.135,by entering into this Agreement
or performing any work in furtherance hereof,the Village certifies that it,its affiliates,
contractors, suppliers, subcontractors and consultants who will perform hereunder,
have not been placed on the Scrutinized Companies that boycott Israel List, or is
engaged in a boycott of Israel, pursuant to F.S. 215.4725.
U. Third Party Beneficiaries. No provision of this Agreement is intended to, or shall be
construed to, create any third party beneficiary or to provide any rights to any person
or entity not a party to this Agreement, including but not limited to any citizen or
employees of the County and/or the Municipality.
V. Survivability. The obligations,rights, and remedies of the Parties hereunder,which by
their nature are intended to survive the termination of this Agreement or the
completion of the Project, shall survive such termination or Project completion and
inure to the benefit of the Parties.
W. Effective Date. This Agreement shall be effective and binding upon the Parties hereto
once the Agreement has been signed by both Parties and filed with the Clerk of the
Court in and for Palm Beach County, Florida.
IN WITNESS WHEREOF, the Parties hereto have set their hands and seals on the
day and date first written above.
Village of Tequesta BOARD OF COUNTY COMMISSIONERS
Agenda Item #2.
Mike Caruso, Clerk of the Circuit Court &
Comptroller
By: By:
Lori McWilliams, Village Clerk (Deputy Clerk)
APPROVED AS TO FORM APPROVED AS TO FORM
AND LEGAL SUFFICIENCY AND LEGAL SUFFICIENCY
By: By:
Keith Davis, Village Attorney Yelizaveta B. Herman,
Assistant County Attorney
APPROVED AS TO TERMS
AND CONDITIONS
By:
Joanne M. Keller, P.E.
Deputy County Engineer