HomeMy WebLinkAboutDocumentation_Miscellaneous_Tab 03C_01/11/1994 � iON
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December 22, 1993 � � `"� � ���
VILLAC�f OF ���"
�� TE@tJlSTA �
Mr. John C. Ran o p, squ�re �
Jones, Foster� Johnston, Stubbs L ���aN -� 3 FEC 'Od �
5 0 5 S. F l a g l e r D r i v e, 1 1 t h Fl o o r L I A G E �—
West Palm Beach, FL 33401 �� M O r F F 1 C E S\� 2
� Re: Vllage of Tequesta y� ����`�
Stormwater Utility - Dover Ditch Reimbursements �
Dear Skip,
In response to Vllage Manager Tom Bradford's query (his letter of 12-13-93) about recouping
costs expended by the Village on Dover Ditch prio� to creation of the Tequesta Stormwater
Utii'�ty, I have reviewed the �eimbursement process used by the City of Delray Beach when we
assisted them in creating a Stormwater Utility. The determination of the ability to reimburse
certain costs expended prior to the creation of the.Sto�mwater Utility is obviously a legal
, matter, therefore 1 offer the enclosed information fo� your use in assisting me in answering
Tom's question.
Enclosure No. 1 is a memo, proposed Resolution, and budget pertaining to Delray Beach's
Stormwater Uti!'ity. Of particular note are the 2nd and 3rd paragraphs of page 2 of the
Resolution detailing that creation costs and system improvement costs prior to the funding of
the Stormwater Util'ity can and will be reimbursed by the fees and budgets being adopted. .
Therefore, it would appear that Tequesta could follow a similar procedure and by Resolutton
set a budget for the first year of the Tequesta Stormwater Utifity including reimbursement for
professional fees associated with creation of the Utility and professional fees associated with
Dover Ditch Improvements. Your review and opinion concerning this matter is appreciated.
Enctosure No. 2 is a research paper discussing State and Federal Stormwater Regulations
which may be of interest to your office.
Please call if you have any questions.
Very
. d��taudinger, P.
WRS/In
93004.40/115 '
cc: Thomas G. Bradford w/end.
Ji-ang Song
WORKING �AP�RS / DRAFT
January 5, 1994
Mr. Lee R. Evett
Town Manager
Town of Jupiter
210 Military Trail
Jupiter, Florida 33458 ,
RE: Proposed Interlocal Aqreement for the Dover Ditch Stormwater
Outfall Desiqn Project
Dear Lee:
In the Summer of 1992 there was a joint workshop meeting held
between the Jupiter and Tequesta Councils. At this meeting,
numerous issues were discussed, including finding a cooperative
solution to the Dover Ditch Project. The Jupiter Town Council
agreed to explore this matter. They also requested that a survey
of abutting property owners be undertaken to determine any
willingness to purchase extra land if the Ditch were enclosed upon
placement of an outfall therein. The response was overwhelmingly
against acquisition of additional land.
Since that time, Tequesta has undertaken additional efforts toward
finding a solution to this problem. Our analysis has revealed that
Palm Beach County is the owner of the majority of the right-of-way
which constitutes Dover Ditch, but that Palm Beach County
contributes none of the discharge into Dover Ditch. 'Our
engineering analysis has revealed that approximately 30$ of the
run-off from the Dover D�tch Drainage Basin emanates from property
within the corporate limits of the Town of Jupiter. Since the
Summer of 1992, residents of your community have repeatedly
attended Meetings of the Village Council, requesting mitigation of
the e=osion problem affecting their properties.
The problems continue, yet the time is right to jointly address
this problem by takinq advantage of favorable interest rates to
finance the cost of these improvements and the forthcoming
stormwater utilities approved by our respective communities. The
latter opportunity should eliminate any concern about the impact of
this project on tax rates. Furthermore, we have received legal
opinion to the effect that all costs associated with this Dover
Ditch Project may be reimbursed to our General Fund upon creation
of the Tequesta Stormwater Utility. The same ability should exist
for the Jupiter Stormwater Utility.
(
Page 2-
Attached to the proposed Interlocal Agreement is the Gee & Jenson
Proposal for all necessary engineering services to construct the
Project. Using the attached Proposal, I estimate the total cost of
engineering services for the Dover Ditch Project to be $101,100,
calculated as follows:
Permittinq: � $25,400
Permittinq Contingency: $12,700
Desiqn and Bid Documents: $35,000
Construction Observation: $20,000
Reimbursables: $ 8,000
Of this total, the Town of Jupiter would be responsible for
$30,330. Should the Town of Jupiter respond favorably, Tequesta is
prepared to bond its share of the engineering and construction
costs with its proposed 1994 Bond Issue, anticipated in the latter
part of Spring, 1994. Construction costs are currently esti.mated
to be $726,850, of which $218,055 would be the responsibility of
Jupiter. A similar Interlocal Agreement will be proposed upon
completion of the engineering design and final cost estimates
generated therefrom.
We have been intimately involved with this Project for a number of
years and can answer any and all questions that you or your staff
may have concerning this proposed Interlocal Agreement. We think
that this alternative is the only fair and equitable way to deal
with this problem, which is not going to go away. We would suggest
a meeting of our respective staffs and consulting engineers as soon �
as possible to answer any questions that Jupiter may have.
Thereafter, we would request that you take this matter to your Town
Council for direction regarding pursuit of the proposed Interlocal
Agreement. We think that this problem can be addressed in a
cooperative manner, similar to our efforts in dealing with the
Cypress Drive drainage problem.•
Please contact me at your earliest convenience in order to further
pursue this matter.
Sincerely,
Thomas G. Bradford
Village Manager �
TGB�krb
c: Village Council, w/attachments
W. Richard Staudinger, P.E., w/attachments
John C. Randolph, Village Attorney, w/attachments
Gary Preston, Director of Public Works, w/attachments
iHT��u.ocAL Aa�E�x�r
FOR THE DOVER DITCH
STORMWATER DRAINAdE OUTFALL DESIt3N PROJECT
THIS INTERLOCAL AGREEMENT, made and entered into as of the date of
.signing by the last executing part, by and between the VILLAGE OF
TEQUESTA, a municipal corporation, and THE TOWN OF JUPITER, a
municipal corporation, hereinafter referred to as TEQUESTA and
JUPITER, respectively;
WHEREAS, the parties desire to mutually undertake a professional
engineered design effort to effectively and efficiently address
problems of the Dover Ditch Stormwater Drainage Outfall on an
agreed cost-sharing basis, in order to determine the total expense
for and to provide construction drawings and bid documents
necessary for a jointly funded corrective storm drainage outfall
project;
NOW, THEREFORE, the parties agree as follows:
1. The drainage area under consideration is known as the Dover
Ditch Stormwater Drainage Outfall and is legally described or
otherwise identified by the engineering sketch and/or
description attached hereto, marked EXIiIBIT "A" and made a
part hereof.
2. Gee & Jenson, Inc., as the Consulting Engineer, is hereby
authorized and commissioned by Tequesta to design a drainage
engineering plan for the aforesaid drainage outfall consisting
of engineering drawings, construction drawings, bid documents,
professional cost estimate and other work, all as more
particularly set forth in the Scope of Services Agreement, a
copy of which is attached hereto, marked E�ibit "B" and made
a part hereof.
3. The total cost for all labor, materials, services, reports and
_ supervision for the completed design of the Dover Ditch
Stormwater Drainage Outfall Project is estiunated to be the sum
of $101,100. This amount is to be paid initially by Tequesta
as and when billed by Gee & Jenson, Inc., on a monthly basis.
After submittal of the monthly invoices and �ayment of the
same, Tequesta will present Jupiter with copies of the �
statement of the charges for the aforesaid services by Gee &
. °Jenson, Inc.
4. Jupiter agrees to reiunburse Tequesta according to the
following ratio for jointly sharing the total actual cost of
the engineering design work aforementioned:
1
t �
VILLAGE OF TEQUESTA 70$
TOWN OF JUPITER 30$ �
5. In no event shall the total cost to be shared between the
parties exceed the maximum estimated cost hereinabove stated
for this Project. Any cost overrun which may be incurred
shall be shared proportionately as indicated in Section 4,
with prior approvals.
6. Jupiter agrees to make their respective reimbursement payment
to Tequesta on or before twenty-one ( 21) days after receipt of
a monthly statement of charges for the work as it progresses.
In the event of any dispute concerning the items comprising
the total cost of the work, the parties agree to promptly meet
and confer and exercise all reasonable good faith efforts to
�ffect a settlement thereof. In this regard, the usual and
customary practiees by the engineering profession in Palm
Beach County will be the guidelines followed.
7. The estimated completion date for this engineering Project is
180 days from the effective date of this Interlocal Agreement.
Each party shall receive a copy of the bid documents,
construction drawings and construction cost estimate.
8. The parties, through their various departments, employees and
staff inembers, agree to give and extend prompt and reasonable
cooperation to Gee & Jenson, Inc., and each other, to carry
out the purposes and intent of this Interlocal Agreement.
IN WITNESS wHEREOF, the parties hereto have caused this Interlocal
Agreement to be executed by their duly authorized official on the
dates indicated for each. �
ATTEST: Made and Executed on
behalf of the VILLAGE OF
TEQUESTA, FLORIDA, this
day of ,
1994.
BY: BY:
Village Clerk Ron T, Mackail, Mayor
APPROVED BY:
BY:
Village Attorney
2
ATTEST: Made and Executed on
behalf of the Town of
Jupiter, Florida, this
day of ,
1994.
BY: � BY:
Town Clerk Karen J. Golonka, Mayor
APPROVED BY:
BY:
Town Attorney
3
• I:?(IiIBIT ":�"
Village of Tequesta
Job No. 91-004
By : J AD Chk : �_
August 2, 1991
GEE bJENSON
DESCRIPTION
DOVER ROAD DRAINAGE CANAL
'A strip of land being a portion of "PLAT OF JUPITER-IN-THE-PINES"
as recorded in Plat Book 25, Page 145 of the Public Records of
Palm Beach County, Florida, being in Section 36, Township 40
South, Range 42 East, Town of Jupiter, Palm Beach County, Flarida
and a portion of "JUPITER-IN-THE-PINES SECTION 'B "' as recorded
in Plat Book 26, Page 18 of the said Public�Records, being in
Section 25, Township 40 South, Ranqe 42 East, Village of '
Tequesta, Palm Beach County, Florida and a portion of "RIVER
TERRACE" as recorded in Plat Book 26, Page 101 of the said Public
Records, being in Section 25, Township 40 South, Range 42 East,
Town of Jupiter, Palm Beach County, Florida all being more
particularly described as follows:
A strip of land being the North 25.00 feet of said Section 36
lying East of the Easterly Right-of-Way line of Seabrook Road as
shown on said "PLAT OF JUPITER-IN-THE-PINES";
TOGETHER WITH: '
A strip of land being the North 25.00 feet of said Section 36
. lying West of the Westerly Right-of-Way line of said Seabrook
Road and lying East of the Northerly extension of the West line
of Lot 13� B1oCk 3 of said "PLAT OF JUPITER-IN-THE-PINES";
TOGETHER WITH:
A strip of land being the North 30.00 feet of said Section 36
lying West of the said Northerly extension of the West line of
Lot 13, Block 3 and lying East of the Easterly Right-of-Way line
of Riverside Boulevard as shown on said "PLAT OF JUPITER-IN-THE-
PINES";
Page 1 of 3 �
One Harvard Circte • West Palm Beach, Florida 33409-1923 • 407/683-3301 • FAX d07/686-7446
Village of Tequesta
Job No. 91-004
August 2, 1991
T�GETHER WITH:
A strip of land being the South 15.00 feet of said Section 25
lying East of the Easterly Right-of-Way line of said Seabrook
Road as shown on said "JUPITER-IN-THE-PINES SECTION 'B "';
TOGETHER WITH:
A strip of land being the South 15.00 feet of �said Section 25
lying West of the Southerly extension of the East line of Lot 28,
Block 15 of said " JUPITER-IN-THE-PINES SECTION 'B "' and lying
East of the Southerly extension of the West line of Lot 25, Block .
15 of said "JUPITER-IN-THE-PINES SECTION 'B "'
TOGETHER WITH:
A strip of land being the South 15.00 feet of said Section 25
lying West of the Southerly extension of the East line of Lot 13
of said "RIVER TERRACE" and lyinq East of the Southeasterly
Right-of-Way line of Ocean Drive as shown on said "RIVER
• TERRACE".
Subject to existing Easements, Rights-of-Way, Restrictions and
Reservations of Record.
Page 2 of 3
GEE & JEP�SON .
• i:Xf1IBIT "B"
��
, • ,.
� VILLAGE 0� GEE d� JENSON
jEQUESTA �, 9 �rr�nr�. An h�h,^: Pi�nner5 InC
,lAN � � REC�Q :� pr•o Ha�vard C �rC�C
J�nuar 4, 1994 VIIIAGE , H+est Paim &:acn. FL 33a09
y - Tel@phOne �d011683-3301
- MANAGER'S Fa. �ao» sas��aas
�,, OFFICE
� �� ' � . v'
Village of Tequesta
P.O. Box 3273
Tequesta, FL 33469-0273 �
Attn: Mr. Thomas G. Bradford, Viilage Manager
Re: Dover Ditch improvement Project
Professional Services Proposal
GentEemen:
We are pleased to submit the following proposal for permitting, engineering and construction
phase services for the Dover Ditch Improvement Project within the Village of Tequesta.
Gee & Jenson Engineers-Architects-Planners, Inc., hereinafter referred to as the Consultant,
proposes to furnish professional services for the Village of Tequesta, hereinafter referred to as -
the Client, for the scope outlined below, for the fees stipulated herein. These services will be
performed in accordance with Section 2(Professional Services) of our Annual Agreement
between the �Ilage of Tequesta and Gee & Jenson, dated October 31, 1989.
Scope of Services
The Consultant will perform the following tasks:
Task 1: Manaqement of Storage and Surface Water (MSS1N) Permitting
1.1 Research and �eview existing data and reports and determine the required survey
program, including existing canal cross-section geometries, structu�al geometries of
culverts at Riverside Drive and Seabrook Road, and the existing drainage system
elevations and pipe sizes within the Dover Ditch drainage area. '
. 12 Conduct field survey of the items identified in Subtask t.1 and plot the data on a site plan
,
and cross-se�tional plots. �-
1.3 Perform a hydrologic analysis based on the existing and fu#ure land use conditions to
compute design discharges fo� the proposed channel improvements.
Village of Tequesta
Attn: Thomas G. Bradford, Viltage Manager
January 4, 1994 - Page 2
t.4 Perform hydraulic analysis for alternative culve.rt sizes (maximum of four alternatives) to
determine their backwater effects on the existing drainage system and surrounding
properties.
1.5 Provide preliminary cost estimates for construction of the four atternatives and
recommend the most cost effective alternative.
1.6 Prepare a conceptual design plan for permit application purposes.
1.7 Prepare and submit a MSSW permit application to South Florida Water Management
District (SFINMD).
1.8 Prepare and submit one response to the DistricYs completeness letter.
1.9 Attend two (2) meetings with the Village.
Task 2: Dredge/Fill Permitting
2.1 Research and review existing data and reports relating to the history of Daver Ditch to
demonstrate the ditch was constructed in an histo�ical upland.
2.2 �sit the site and assess the biological resources to be used in permit condition
negotiations. It is assumed mitigation will be required.
2.3 Prepare mitigation alternative analysis to show the type of mitigation and the required
mitigation acreages and review same with the Village.
2.4 Assist the Village in the search for and coordination of potential mi#igation site(s).
2.5 Prepare a mitigation plan and preliminary cost estimate for acquisition of site and
construction of mitigation plan.
2.6 Prepare permit sketches and submit an application for a dredge/fill permit to SFWMD
and U.S. Army Corps of Engineers (CO�.
2.7 Attend one (1) site visit with the permitting agency staft.
Village of Tequesta
Attn: Thomas G. Bradford, Vitiage Manager
January 4, 1994 • Page 3
2.g Prepare and submit one (i) response to the SFWMD's completeness letter.
2.9 Attend two (2) coordination meetings with the Village.
Task 3: Construction Pians and Documents
3.1 Contract with and coordinate Geotechnical Consultant to determine the soil properties
along the existing ditch banks and subsoil conditions below the existing channel bottom
to determine the existence of muck or rock layers.
3.2 Verify the structural integrity of the precast concrete culverts and design transition details
with the existing culvert openings at Riverside Drive and Seabrook Road:
. 3.3 Prepare structural design details for the proposed saltwater barrier weir structure west of
Riverside Drive.
3.4 Prepare a detailed excavation and fill quantity estimate.
3.5 Prepare and provide utility coordination with FPL, Southern Bell, and the Town of Jupiter
for their lift station.
3.6 Prepare Bid Package based upon Client's direction, including construction plans,
specifications, Village's Standard Contract, Instruction to Bidders, Bid Advertisement, and
Bid Submission Form(s).
3.7 Prepare a detailed construction cost estimate for the proposed concrete culverts and
associated channel improvements, including a saltwater barrier weir structure downstream
of Riverside Drive.
3.8 Update and/or confirm previous hydraulic analysis of the ditch drainage basin.
3.9 Assist the Client in bidding the project by reviewing all bids received and making final
contractor selection recommendation. During the bidding process, the Consultant shall
attend pre-bid 'meeting, provide clarification of the . drawings and specifications, as
necessary, and prepare approved Bid Addenda, if requi�ed. Prospective bidders will
purchase sets of bid documents directly from the Consultant.
Village of Tequesta
Attn: Thomas G. Bradford, Village Manager .
January 4, 1994 - Page 4
Task 4: Contract Administ�ation
4.1 Participate in a pre-construction conference, if required by the Client.
4.2 Make site visits during construction to observe construction and provide recommenda-
tions to the Client concerning progress of the work and its compliance with the contract
documents.
4.3 Assist the Client in the approval of contractor's pay requests, at the ClienYs request.
4.4 Attend joint scheduled inspections with the contractor and municipal inspectors, and
monitor punchlists generated as part of the final walk-thru inspections.
. 4.5 Prepare construction record drawings based on "as-builY plans pFOVided by contracto�.
4:6 Prepare and submit certifications, together with construction record plans, to SFINMD for
operational permit.
Task 5: Additional Services
5.1 Provide additional services as mutually agreed upon.
Items to be Furnished by Client
At No Expense to the Consultant
Furnish at no cost to Consultant, title search and abstract of property, all permit application and
Governmental inspection fees; appropriate professional interpretations of a11 of the foregoing;
other special data, all of which the Consultant will rely upon in performing senrices. It is agreed
and understood that the accuracy and veracity of said information and data may be relied upon
by Consultant withouY independent verfication of the same.
Designate in writing a person to act as the Client's representative with respect to the services to
be performed under this Agreement. Such person shalt have complete authority to transmit
instructions, receive information, interpret and define the ClienYs policies and decisions with
respect to materiats, equipment, elements and systems pertinent to the ConsuitanYs services.
Village of Tequesta
Attn: Thomas G. Bradford, Village Manager
January 4, 1994 - Page 5
Time of Performance
Tasks t and 2 of the Scope of Services will be compieted within one-hundred twenty (120)
� calendar days afte� receipt of Notice to Proceed, except for delays beyond the reasonable
controi of the Consultant. Said representation is not, t►owever, a warranty or guarantee that said
services will be �completed within such time frame.
Task 3 of the Scope of Seroices will be completed within sixty (60) calendar days after issuance
of SFWMD ,permits. Said representation is not, however, a wa�ranty or guarantee that said
senrices will be completed within such time frame.
Task 4 of the Scope of Services will be completed in accordance with the projecYs implementa-
tion schedule.
Task 5 of the Scope of Services will be completed as required.
Fees to be Paid
For Tasks 1 and 2 of the Scope of Services, the Consultant shafl be paid a lump sum fee of
Twenty Five Thousand �our Hundred Dollars ($25,400), in accordance with Section 4(C} of the
existing Agreemen# with the Village of Tequesta.
For Task 3 of the Scope of Services, the Consuftant shall be paid a lump sum fee of Thirty Five
Thousand Dollars ($35,000), in accordance with Section 4(C) of our Agreement with the Village
of Tequesta.
For Task 4 of the Scope of Senrices, the Consultant shall be paid a fee based upon the hourly
rates listed in our annual contract, but not to exceed a Twenty Thousand Dollar ($20,000) limit
without Client approval, and in accordance with Section 4(B) of our Agreement with the Vllage
of Tequesta.
None of the four Tasks listed above include any professional services associated with the
negotiation of, or implementation of a tri-party or interlocal agreerinent with Palm Beach County
and/or Jupiter concerning iunding of this project.
Village of Tequesta
Attn: Thomas G. Bradford, Village Manager
January 4, 1994 - Page 6
For Task 5 of the Scope of SeNices, for additional services, the Consultant shall be paid a fee
equal to personnel costs times a factor of 2.3. Hourly rates and OT budget agreed to in writing
with Client.
In addition to the fees specified above, the Consultant shall be reimbursed for direct non-salary
expenses, including, but not limited to, data processing, equipment rental, automobile travel at
$0.33 per mile, long distance telephone, subsistence, printing and reproduction, plus Florida
sa18s taxes, if applicable, for Tasks 4 and 5 of the Scope of Se�vices.
Invoices for services rendered are prepared monthly and are due and payable within thirty (30)
days from date of the invoice. Past due statements shall include interest from the date of invoice
at a compound inte�est rate of one and one half (1-1 /2) percent per month.
Payments which are not received within sixty (60) calendar days from the date of invoice will be
considered sufficient cause for Consultant to discontinue performing and providing services until
payment in full is received. If Consultant is required to take action to collect past due invoices,
the Client wilt pay all legal fees and costs.
This contract shall be governed by the laws of the State of Florida, and the appropriate venue
for any actions arising out of the agreement would be West Palm Beach, Florida.
Acceptance
Acceptance of this proposal may be indicated by the signature of a duly authorized official of the
Ctient in trie space provided betow. One signed copy of this proposal, returned to the
Consultant, witl serve as an Agreement befinreen the two parties and as Notice to Proceed. This
contract will be binding on the parties hereto and the parties' successors and assigns. Should
«
Village of Tequesta
Arin: Thomas G. Bradtord, Village Manager
January 4, 1994 - Page 7
this proposal not be accepted within a period of sixty (60) days from the above date, it shall
become null and void.
Very truly yours, .
GEE & JENSON
Engineers-Architects-Pla , .
�
ssell C. e ' , P
Senior Vice Pr ' ent
�
W. Ri hard Staudinger, P.E.
Senior Associate
Accepted by:
THE VILLAGE OF TEQUESTA
By:
(Print Name)
. Date:
RCD/WRS/JAS:cw
cc: Ji-Ang Song
93-004.40