HomeMy WebLinkAboutDocumentation_Special Meeting_Tab 05_06/23/20094 vu ~ e(;F CAIIN(_II MFFTWr~
VILLAGE OF TEQUESTA
AGENDA ITEM TRANSMITTAL FORM
Meeting Date:
6/23/2009 Meeting Type: Special Ordinance #: ;!ick here to enter text.
Consent Agenda: No Resolution #: 18-09
Originating Department: Manager
2. AGENDA ITEM TITLE: (Wording form the SUBJECT line of your staff report)
Memorandum of Agreement between the Village of Tequesta and the Florida Department of Transportation.
3. BUDGET /FINANCIAL IMPACT:
Account #: Click i sere to enter text. Amount of this item: N/A
Current Budgeted Amount Available:
N/A Amount Remaining after item:
N/A
Budget Transfer Required: No Appropriate Fund Balance: No
4. EXECUTIVE SUMMARY OF MAJOR ISSUES: (This is a snap shot description of the agenda item)
A Memorandum of Agreement (MOA) between the Village of Tequesta and the Florida Department of
Transportation for the removal and replacement of the Tequesta Drive Bridge (Bridge No. 930227).
Acceptance of the MOA by Resolution #18-09.
5. APPROVALS:
Dept. Head: Finance Director: , ~I/
.-
Attorney: (for legal sufficiency) Keith Davis, Esq. Yes ^ No ^
Village Manager:
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• SUBMIT FOR COUNCIL DISCUSSION:
• APPROVE ITEM:
• DENY ITEM: ^
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TEQUESTA POLICE DEPARTMENT
MEMORANDUM
To: Michael R. Couzzo, Jr.
Village Manager
From: Chief William McCollo
Date: June 16, 2009
Subject: FDOT -DISTRICT 4 MEMORANDUM OF AGREEMENT
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Attached for your review are Resolution # 18-09 and the Memorandum of
Agreement (MOA) that will be required by the Florida Department of Transportation
(FDOT) before beginning construction on the new Tequesta Drive Bridge.
The MOA authorizes the FDOT to construct the Tequesta Drive Bridge and indicates
the Village's responsibility to maintain the bridge offer construction. Exhibit "A"
attached to the MOA describes the "Project Improvements and Scope."
The Village of Tequesta's Resolution authorizes the Florida Department of
Transportation is to undertake "the replacement of the existing Tequesta Drive
Bridge." This replacement will be "managed and funded in large part by the Florida
Department of Transportation in accordance with Sec. 339.07 and 339.08, Florida
Statutes, as well as the American Recovery and Reinvestment Act (ARRA) of 2009."
The Resolution also resolves that the Village of Tequesta will maintain the bridge
upon its completion and acceptance by the Village from the State.
Our attorney, Keith Davis, Esq., has reviewed the MOA and recommended minor
changes -see attached. The FDOT returned the MOA revised with our attorney's
recommendations. Upon second review, Mr. Davis agreed the MOA was of legal
form and sufficiency -see attached.
If you agree, I would request that this item be placed on the agenda for the Special
Meeting scheduled for June 23, 2009.
Thank you in advance for expeditiously processing this request.
RESOLUTION NO. 18-09
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, AUTHORIZING THE MAYOR OF TEQUESTA
TO ENTER INTO A "DISTRICT FOUR HIGHWAY MAINTENANCE
MEMORANDUM OF AGREEMENT" WITH THE STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION FOR THE TEQUESTA DRIVE
BRIDGE REPLACEMENT PROJECT; PROVIDING AN EFFECTIVE
DATE, AND FOR OTHER PURPOSES.
WHEREAS, the Village Council has undertaken the project of replacing the
existing Tequesta Drive bridge; and
WHEREAS, said bridge is part of the Village of Tequesta roadway system
between Pine Tree Drive and W. Riverside Drive within the limits of the Village of
Tequesta; and
WHEREAS, replacement of the existing Tequesta Drive bridge will be managed
and funded in large part by the Florida Department of Transportation in accordance with
Sec. 339.07 and 339,08, Florida Statutes, as well as the American Recovery and
Reinvestment Act of 2009; and
WHEREAS, the Village's use of said management and funding for the
replacement of the existing Tequesta Drive bridge requires, in accordance with Federal
law and Federal Highway Administration regulations issued pursuant thereto, an
agreement from the Village of Tequesta to maintain said project upon its completion and
acceptance; and
WHEREAS, the Village Council believes that entering into said bridge
maintenance agreement will be in the best interest, and will promote the health, safety
and welfare of the Village of Tequesta and its citizens.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:
Section 1: The above recitals are true and correct, and are incorporated
herein as if fully set forth.
Section 2: The Mayor of the Village of Tequesta is hereby authorized to enter
into the District Four Highway Maintenance Memorandum of Agreement for the
Tequesta Drive Bridge Replacement and Road Improvements project,
Section 3: Upon execution by the Mayor, the Village Clerk is hereby directed
to provide four (4) original copies of said agreement to Mr. Thuc H. Le, Florida
Department of Transportation Project Manager.
Section 4: This Resolution shall become effective immediately upon passage.
ATTEST: VILLAGE OF TEQUESTA
Lori McWilliams, CMC
Village Clerk
[VILLAGE SEAL]
Michael Couuo
Village Manager
APPROVED AS TO FORM AND LEGAL
SUFFICIENCY
Trela White, Esq.
Village Attorney
Tequesta Pais Department
Memorandum
McCollom, William
From: keith W. Davis [keith@corbettandwhite.com]
Sent: Wednesday, June 17, 2009 1:51 PM
To: McCollum, William
Subject: RE: MOA FDOT
Chief McCollum:
I have reviewed the revised Highway Maintenance Memorandum of Agreement you sent me this date and approve
same for legal form and sufficiency.
Keith W. Davis, Esq.
Corbett and White, P.A.
Tel: (561) 586-7116
from: McCollum, William [mailto:wmccollom@tequesta.org]
Sent: Wednesday, ]une 17, 2009 11:29 AM
To: keith W. Davis
Subject: MOA FDOT
Check page 3 and advise if it fits our needs.
Thanks,
Chief William E. McCollum
Tequesta Police Department
357 Tequesta Drive
Tequesta, Fl 33469
(561) 744-4019
(561) 745-7877 FAX
(561) 431-0572 eFax
wmccollom@tequesta.org
Florida has a very broad public records law. Most written communications to or from state or local officials regarding
state or local business are considered to be public records and will be made available to the public and the media upon
request. Therefore, your email message is subject to disclosure.
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Tequesta Police Departrnent
Memorandum
McCollom, William
From; keith W. Davis [keith@corbettandwhite.com]
Sent: Wednesday, June 17, 2009 10:57 AM
To: McCollom, William; Couzzo, Michael
Cc: Telfrin, Debra; White, Russell
Subject: Revised FDOT maintenance agreement
i reviewed the revised agreement and it appears that my requested revisions have been incorpora#ed EXCEPT they did
nat revise the Clerk's signature line to say "Village Clerk." It still refers to the Manager and the Ex Officio Clerk of the
Council. This really is not correct for our staff structure.
Keith W. Davis, Esq.
Corbett and White, P.A.
1111 Hypoluxo Road, Suite 207
Lantana, Florida 33462
Tel: (561) 586-7116
Fax: (561) 586-9611
NOTICE: This a-mail and attachments transmitted with it may contain privileged and confidential information that is solely for the
use of the named addressee. If you are not the intended recipient, you are hereby notified that any review, dissemination, distribution
or other use of this message or its contents and attachments is prohibited. If you received this in error, please notify the sender by
reply e-mail and delete this message and destroy any copies or backups thereof. Thank you for your assistance.
Dear Chief McCollom,
Sorry for taking so long to make changes to the document and concurrence. Please find the revised
attachment. If you could replace this for all four copies of the MOA is much appreciated.
The referenced FDOT manuals can be found at:
http://www.dot.state.fl.us/officeofdesien/publications/
~tuc ~: ~, ~.~.
Consultant Project Management - D4 Office
Florida Department of Transportation
3400 West Commercial Blvd.
Fort Lauderdale, FL 33309-3421
(954) 777-4552
thuc.leC~dot.state.fl.us
From: McCollom, William [mailto:wmccollom@tequesta.org]
Sent: Monday, June 15, 2009 4:36 PM
To: Le, Thuc H.
Subject: FW: FDOT Agreement; Resolution
M r. Le,
Please find attached some recommendations from our attorney regarding the MOU we recently
received -see below. As I mentioned on the phone we are not interested in including a termination
clause. We would however, be interested in the maintenance dictates as required by the FDOT. If you
could point me toward those manuals, I would appreciate it.
Sincerely,
Chief William E. McCollom
Tequesta Police Department
357 Tequesta Drive
Tequesta, Fl 33469
(561) 744-4019
(561) 745-7877 FAX
(561) 431-0572 eFax
wmccollom@teauesta.orct
Florida has a very broad public records law. Most written communications to or from state or local
officials regarding state or local business are considered to be public records and will be made available
to the public and the media upon request. Therefore, your email message is subject to disclosure.
From: keith W. Davis [mailto:keith@corbettandwhite.com]
Sent: Monday, June 15, 2009 4:17 PM
To: McCollom, William; Couuo, Michael
Cc: McWilliams, Lori
Subject: FDOT Agreement; Resolution
Regarding the FDOT MOU, I offer the following comments:
In the first "Whereas" clause, "...jurisdiction over the TEQUESTA..."
In the 7th "Whereas" clause, the resolution number and adoption date will need to be filled in.
Add to paragraph 2 as follows: "The AGENCY shall allow the DEPARTMENT and its contractors to enter
on the AGENCY Right of way to construct this project as described in Exhibit A.
On the signature page, change " " to
"Village Clerk"
On Exhibit A:
Under Roadway Construction, change " ..." to "Removal and replacement..."
Under Bridge construction, change "~eme~re..." to "Removal..."
Under Drainage Improvements, change " ..." to "Removal and replacement..."
Under Survey Services, change " ,
." to "Responsibility for any and all necessary surveying services,
including construction layout, and providing..."
This agreement makes reference to a number of FDOT manuals and other documents which are not
attached and which I have not seen or reviewed, so I do not know what they might say, but we will be
bound by them in our maintenance of the new bridge. The agreement also incorporates all the final
construction plans and any understandings/correspondence, etc. as represented therein. Again, I have
not seen any of this and do not know what those documents might say, but they are binding on both us
and FDOT.
Finally, there does not appear to be any provision to terminate this agreement. The way it is written, once
we're in, we can't get out (the same goes for FDOT). I understand that it may not be practical to allow for
a termination given that the funding and actual work is all coming through the FDOT, and once
construction starts, you won't want to quit mid-stream; but you should, nevertheless, be aware of this.
I have also attached Resolution 18-09 which Lori drafted and I revised.
Keith W. Davis, Esq.
Corbett and White, P.A.
Tel: (561) 586-7116
From: McCollom, William [mailto;wmccollom@tequesta.org]
Sent: Monday, June 15, 2009 11:38 AM
To: keith W. Davis; Couzzo, Michael
Subject: For Legal Review
Keith,
Please find attached the MOU sent by the FDOT. The first page is the instruction by FDOT. Please review
the MOU and attachment for legal from and sufficiency.
Please send your comments to Mr. Couzzo and cc me.
Thanks,
Chief William E. McCollom
Tequesta Police Department
357 Tequesta Drive
Tequesta, F1 33469
(561) 744-4019
(561) 745-7877 FAX
(561) 431-0572 eFax
wmccollom@tequesta.or
Florida has a very broad public records law. Most written communications to or from state or local
officials regarding state or local business are considered to be public records and will be made available
to the public and the media upon request. Therefore, your email message is subject to disclosure.
IMPORTANT. The contents of this email and any attachments are confidential. They are intended fvr the
named recipient(s) only.
If you have received this email in error, please notify the system manager or the sender immediately and
do not disclose the contents to anyone or make copies thereof.
*** eSafe scanned this email for viruses, vandals, and malicious content. ***
*** eSafe scanned this email for malicious content ***
*** IMPORTANT: Do not open attachments from unrecognized senders ***
IMPORTANT. The contents of this email and any attachments are confidential. They are intended for the
named recipient(s) only.
If you have received this email in error, please notify the system manager or the sender immediately and
do not disclose the contents to anyone or make copies thereof.
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- ,~.
Florida Department of Transportation
CH,i12L1}: CRItiT
cov~u~oR
3400 West Commercial Boulevard
Fort Lauderdale, Florida 33309-3421
STEPii:1VIF. C. KOFF,IAUSOS
sFCRt:T~RY
June 11, 2009
Chief William E. McCollom
Tequesta Police Department
357 Tequesta Drive
Tequesta, FL 33469
Dear Chief McCollom:
RE: District Four Maintenance Memorandum of Agreement for Tequesta Drive Bridge
Replacement from Pine Tree Drive to W. Riverside Drive. FDOT FM # 426480-1-52-O1.
Enclosed are four (4) original Maintenance Memorandum of Agreement for the Tequesta Drive Bridge
Replacement. Please have these executed by the Village Council at their earliest convenience. Please
return all four 4 to me along with one sealed copy of the Resolution approving such action. Mr. Gerry
O'Reilly, P.E., the Department's Transportation Development Engineer District N, will execute and
date the originals and one will return to you for your record.
Important: Please do not fill in the date on the first paragraph on page one.
Call me at 954-777-4552 if I can be of further help.
Sincerely,
uc H. Le, P.E.
F roject Manager
CC: H. Webb
File
SECTION No.: NIA
FM No. (s): 426480-1-52-01
LOCATION: Village of Tequesta
S.R. No.: NIA
DISTRICT FOUR
HIGHWAY MAINTENANCE MEMORANpUM OF AGREEMENT
THIS AGREEMENT, made and entered into this day of 20 , by
and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, acomponent
agency of the State of Florida, hereinafter called the DEPARTMENT and the VILLAGE OF
TEQUESTA, a political subdivision, existing under the Laws of Florida, hereinafter called the
AGENCY.
WITNESSETH:
WHEREAS, the AGENCY has jurisdiction over the TEQUESTA DRIVE BRIDGE (Bridge
Number 930227) that crosses the north fork of the Loxahatchee River as part of the Village
Roadway System from Pine Tree Drive (westerly terminus) to W. Riverside Drive (easterly
terminus) within the limits of the Agency; and
WHEREAS, the DEPARTMENT seeks to install and have maintained by the AGENCY
certain Highway improvements within the right of way of TEQUESTA DRIVE as described within
Exhibit A; and
WHEREAS, pursuant to §339.07 and 339.08, Florida Statutes and the American
Recovery and Reinvestment Act of 2009 (ARRA), the DEPARTMENT is authorized to undertake
a project within the AGENCY geographical limits and the AGENCY is desirous of having this
improvement constructed; and
WHEREAS, the said project is identified and known to the parties as the "Tequesta
Drive Bridge Replacement and Road Improvements," Financial Project identification Number
426480-1-58-01, FAP # ARRA-028-B, which will benefit the AGENCY; and
WHEREAS, in accordance with Federal law and Federal Highway Administration
regulations issued pursuant thereto, there must be an agreement from the AGENCY to maintain
the project; 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. 18-09 dated June 23 , 20 09 ,
attached hereto and by this reference made a part hereof, desires to enter into this Agreemerrt
and authorizes its officers to do so;
Page 1 of 5
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 DEPARTMENT has undertaken the project and obtained the approval of Federal
participation in the Tequesta Drive Bridge Replacement and Roadway Improvements.
2. The AGENCY shalt a{low the DEPARTMENT and its contractors to enter on the AGENCY
Right of way to construct this project as described in Exhibit A.
3. It is understood and agreed by the parties that upon "final acceptance" by the
DEPARTMENT of the project, (as that term is described in the Standard Specifications for
Roadway and Bridge Construction dated 2007, as amended by contract documents section 5-
11) and Notice thereof to the AGENCY, the AGENCY shall be responsible for maintenance of
said project in accordance with the following Federally and State accepted standards and all
costs related thereto: (a) FDOT Plans Preparation Manual (PPM), (b) Florida Green Book dated
2007 (c) Standard Specifications for Roadway and Bridge Construction dated 2007, as
amended by contract documents, and (d) Manual on Uniform Traffic Control Devices (MUTCD),
current edition.
4. This document incorporates and includes all prior negotiations, correspondence,
conversations, agreements or understandings as represented in the Final Proposed
Construction plans. Accordingly, it is agreed that no deviation from the terms hereof shall be
predicated upon any prior representation or agreements whether ora{ or written.
5. This Agreement shall be governed, interpreted and construed according to the laws of the
State of Florida.
6. LIST OF EXHIBITS
Exhibit A: Project Improvements and Scope
Page 2 of 5
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day
and year provided below.
AGENCY
ATTEST:
Michael R. Couzzo, Jr.
Village Manager
VILLAGE OF TEQUESTA, through its
VILLAGE COUNCIL
By
Mayor
Lori McWilliams, CMC
Village Clerk
[VILLAGE SEAL]
day of , 2009
Approved as to form by Village Attorney
Village of Tequesta, Florida
By
(_/ /09)
Village Attorney
ATTEST:
DEPARTMENT
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
Executive Secretary
(SEAL)
ay
Transportation Development Director
Approval as to Form:
District General Counsel (_/ /09)
Page 3 of 5
SECTION No.:
FM No. (s):
LOCATION:
5.R. No..
EXHIBIT A
PROJECT IMPROVEMENTS AND SCOPE
N/A
426480-1-52-01
Village of Tequesta
N/A
ALL of the improvements are within the AGENCY's (the Village of Tequesta) Right of way.
Summary of Work:
The project includes the complete replacement of the Tequesta Drive Bridge that crosses the
north fork of the Loxahatchee River. The new bridge will be raised five feet, requiring road and
drainage improvements on either side of the bridge from Pine Tree Drive to W. Riverside Drive
The proposed improvements include but are not limited to clearing and grubbing, roadway
reconstruction, bridge removal and construction, curb and gutter, sidewalk, shoulder barrier,
driveway, pavement marking and signage, street lighting improvements, storm drain system
improvements, and other miscellaneous improvements.
Roadway Construction
Removal and replacement of the existing roadway system within the right of way including but
not limited to clearing and grubbing, all base and asphalt materials, concrete curbs and gutters,
sidewalks and trees, and all driveway materials. All utility relocations required for the
construction of the proposed project improvements will be complete prior to the commencement
of construction activities.
Bridge Construction
Removal of the existing bridge and construction of a new bridge including but not limited to
piers, bents, parapets, railing, substructure and superstructure.
Signing and Pavement Markings
Install traffic signage and striping conforming to FDOT standards and best practices.
Street Lighting Systems
Construct the new street lighting systems including all poles, underground conduits, pull boxes,
service connection assemblies and lighting fixtures. Coordinate with the effected utility
companies for providing electricity for the proposed lighting system.
Drainage Improvements
Removal and replacement of portions of the existing storm water system infrastructure including
but not limited to storm inlets, manholes, laterals and other miscellaneous appurtenances.
Page 4 of 5
Maintain positive storm water drainage within the project area at the times during the duration of
the project.
Maintenance of Traffic
Furnish, provide, implement, install and maintain all maintenance of traffic (MOT) plans,
permitting and installations that conform to alt FDOT standards and best practices.
Maintain vehicular and pedestrian traffic to all private properties at all time.
Survey Services
Responsibility for any and all necessary surveying services, including construc#ion layout, and
providing FDOT with as-built surveys. All survey work shall be performed by a surveyor
licensed to practice in the State of Florida.
Page 5 of 5