HomeMy WebLinkAboutR2026-04 Interlocal Agreement with Seacoast Utility Authority_Bouy RoadRESOLUTION 2026-04
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH
PALM BEACH, FLORIDA, APPROVING AN INTERLOCAL AGREEMENT WITH
SEACOAST UTILITY AUTHORITY FOR JOINT PARTICIPATION AND PROJECT
FUNDING FOR THE BUOY ROAD INFRASTRUCTURE IMPROVEMENTS AND
AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE THE
AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Village Staff recommended executing an Interlocal Agreement with Seacoast Utility
Authority ("SUA") for joint participation and project funding for the Buoy Road Infrastructure
Improvement Project; and
WHEREAS, the Village will oversee and manage the construction project, with: (1) the Village paying
the cost for milling and resurfacing the existing roadway, installation of drainage infrastructure, and
pavement striping; (2) SUA reimbursing the Village for cost of the installation of new water and sewer
main facilities; and (3) the Village and SUA sharing the costs for maintenance of traffic, excavation,
sidewalks, driveway aprons, and swale regrading and sodding; and
WHEREAS, the Village Council determines that the execution of an Interlocal Agreement with SUA to
facilitate the Buoy Road Infrastructure Improvement Project is in the best interests of the Village and its
residents.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, as follows:
Section 1. The foregoing recitals are ratified and are incorporated herein.
Section 2. The Village Council hereby approves an Interlocal Agreement with Seacoast Utility
Authority for Joint Participation and Project Funding for the Buoy Road Infrastructure Improvement
Project, a copy of which is attached hereto and incorporated herein, and authorizes the Mayor and Village
Clerk to execute the Interlocal Agreement on behalf of the Village. The total cost of the Project is
estimated to be $398,660.00, with the Village's cost responsibility estimated to be $196,527.62, with
funds expended from Stormwater Utility Account No. H7321-66210 (Streets and Grounds -
Construction and Major Renovation).
Section 3. This Resolution shall become effective immediately upon adoption.
P • �� NDy ��•� TED THIS 12TH DAY OF FEBRUARY, 2026.
FLORIDA
( e Seal)
-MAYOR
ATTEST::
VILLAGE CLERK
INTERLOCAL AGREEMENT BETWEEN
SEACOAST UTILITY AUTHORITY
AND
THE VILLAGE OF NORTH PALM BEACH
FOR JOINT PARTICIPATION AND PROJECT FUNDING
FOR
BOUY ROAD INFRASTRUCTURE IMPROVEMENTS
THIS INTERLOCAL AGREEMENT (hereinafter "Agreement") is made as of thea�p
day of, 2026, by and between Seacoast Utility Authority, a government regional utility,
4200 Hood Road, Palm Beach Gardens, Florida 33410 (hereinafter "AUTHORITY") and the
Village of North Palm Beach, a municipal corporation organized and existing under the laws of
the State of Florida, 501 U.S. Highway One, North Palm Beach, Florida 33408 (hereinafter
"VILLAGE"), each one constituting a public agency defined in Part I of Chapter 163, Florida
Statutes.
WHEREAS, Section 163.01, Florida Statutes, known as the "Florida Interlocal
Cooperation Act of 1969", authorizes local governments to make the most efficient use of their
powers by enabling them to cooperate with other localities on a basis of mutual advantage, thereby
providing services and facilities that will harmonize geographic, economic, population, and other
factors influencing the needs and development of local communities, and
WHEREAS, Part I of Chapter 163, Florida Statutes, permits public agencies as defined
therein to enter into Interlocal Agreements with each other to jointly exercise any power, privilege,
or authority which such agencies share in common and which each might exercise separately; and
WHEREAS, the VILLAGE proposes certain roadway and drainage improvements along
Bouy Road; and
WHEREAS, the AUTHORITY owns a 6 -inch cement composite water main and an 8 -inch
clay gravity sewer main along Bouy Road that must be replaced within the next few years
("Project"); and
WHEREAS, the AUTHORITY and the VILLAGE desire to jointly participate in the Bouy
Road Infrastructure Improvement Project ("Project") and related improvements within Project
area; and
WHEREAS, both the AUTHORITY and the VILLAGE declare that it is in the public
interest to complete the above -described Project; and
NOW, THEREFORE, in consideration of the mutual covenants, promises, and
representations contained herein, the parties agree as follows:
NPB INTERLOCAL AGREEMENT
Section 1. Recitals:
The above recitals are true and correct and are incorporated herein.
Section 2. Project and Work to be completed by the VILLAGE:
The VILLAGE shall provide oversight and administrative services for the Project that include both
the VILLAGE's and the AUTHORITY's portions of the work to be performed. The total cost of
the Project is estimated to be $398,660.00.
Section 3. Responsibilities and Duties:
A. The AUTHORITY shall reimburse VILLAGE for the AUTHORITY's portion of the
Project, estimated to be $157,245.00. The schedule of values with the AUTHORITY'S and
VILLAGE'S portions of the total Project cost is attached as Exhibit A and incorporated herein by
reference.
B. Costs shall be based upon actual costs incurred by the VILLAGE, as set forth in written
documentation of the Project work estimated to be $398,660.00. The VILLAGE shall allocate the
percentage of costs and unit costs attributable to the AUTHORITY and shall provide the
AUTHORITY with proof of same.
C. The VILLAGE shall obtain written approval from the AUTHORITY in advance of any
revisions to the Project, including any costs associated with the AUTHORITY'S failure to approve
revisions in a timely manner, which increase the cost attributable to the VILLAGE'S portion of the
Project.
D. The VILLAGE shall secure all necessary easements and permits required to perform the
Project, and the VILLAGE shall administer and inspect all work performed on the Project. The
AUTHOITY will provide inspection of its portion of the project and advise the VILLAGE of
results of its inspections.
E. The Project scope includes restoration that will be administered and inspected by the
VILLAGE.
Section 4. Payments/Invoicing and Reimbursement:
A. The VILLAGE shall invoice the AUTHORITY on a periodic basis during construction of
the Project. The AUTHORITY agrees to reimburse the VILLAGE for all documented costs of the
AUTHORITY'S portion of the Project in the amount established in Section 3.A. Upon
the VILLAGE'S submission of acceptable documents needed to substantiate its costs for the
Project, the AUTHORITY shall provide said funds to the VILLAGE on a reimbursement basis
within thirty (30) days of receipt of all required documents. The VILLAGE shall submit all
invoices to the AUTHORITY, identifying the Work, including the VILLAGE'S total expenditure
2
NPB INTERLOCAL AGREEMENT
for the Project and identifying the amount attributable to the AUTHORITY'S portion of the Work.
The VILLAGE shall supply any further documentation, such as copies of paid receipts, canceled
checks, invoices, and other documents deemed reasonably necessary by the AUTHORITY, within
seven (7) calendar days of request by the AUTHORITY. Invoices and documentation received from
the VILLAGE shall be reviewed and approved by the AUTHORITY only to the extent necessary
to document that the VILLAGE's expenditures have been made in conformity with the Agreement.
Invoices shall be paid within thirty (30) days following approval. In no event shall the
AUTHORITY provide advance funding to the VILLAGE, unless otherwise as mutually agreed
upon.
B. The Project will be administered by the VILLAGE. Only those costs incurred by the
VILLAGE relating to the AUTHORITY'S portion of the Work are eligible for reimbursement by
the AUTHORITY pursuant to the terms and conditions hereof. In the event the VILLAGE ceases
or suspends the Project or the Work for any reason, the AUTHORITY shall reimburse the
VILLAGE for the Work completed as of the date the VILLAGE uses to suspend the Work. Any
remaining unpaid portion of this Agreement shall be retained by the AUTHORITY, and the
AUTHORITY shall have no further obligation to honor reimbursement requests submitted by the
VILLAGE.
Section 5. Repayment:
The VILLAGE shall repay the AUTHORITY for all unauthorized, illegal, or unlawful
expenditures of funds, including those it may discover after the termination of this Agreement.
Section 6. Access and Audits:
The VILLAGE and the AUTHORITY shall maintain books, records, and documents to justify all
charges, expenses and costs incurred under this Agreement for the Project, in accordance with
Generally Accepted Accounting Principles (GAAP), as promulgated by the Government Finance
Officers Association from time to time. The VILLAGE and the AUTHORITY shall have access
to all books, records, and documents as required in this Agreement, and for at least three (3) years
after completion of the Project. In the event any work is subcontracted by the VILLAGE, the
VILLAGE shall similarly require each Contractor and/or subcontractor to maintain and allow
access to such records for audit purposes.
Section 7. Independent Contractor:
The AUTHORITY and the VILLAGE are and shall be, in the performance of all work, services,
and activities for the Project pursuant to the Agreement, independent contractors and not
employees, agents, or servants of the other party. All VILLAGE employees engaged in the work
or services performed as part of the Project pursuant to this Agreement shall at all times, and in all
places be subject to the VILLAGE'S sole direction, supervision, and control. All AUTHORITY
employees engaged in the work or services performed for the Project pursuant to this Agreement
shall at all times, and in all places, be subject to the AUTHORITY'S sole direction, supervision, and
3
NPB INTERLOCAL AGREEMENT
control. The Parties shall exercise control over the means and manner in which it and its employees
perform the work.
B. The VILLAGE does not have the power or authority to bind the AUTHORITY in any
promise, agreement, or representation, except as specifically authorized in this Agreement.
Section 8. Personnel:
A. VILLAGE represents that it has, or will secure at its own expense, all necessary personnel
required to perform the Work and complete the Project. Such personnel shall not be employees of
or have any contractual relationship with the AUTHORITY.
B. All work and services required herein as part of the Project shall be performed by the
contractor or the VILLAGE, and personnel engaged in performing the services shall be fully
qualified and, if required, authorized, or permitted under state and local law to perform such
services.
C. All of the VILLAGE'S personnel, contractors, and all subcontractors while on the premises
shall conduct themselves in an acceptable manner and follow acceptable safety and security
procedures.
Section 9. Indemnification:
A. The VILLAGE and the AUTHORITY recognize they could incur liability for certain
tortious acts of its agents, officers, employees and invitees to the extent and limits provided in
Section 768.28, Florida Statutes. To the extent permitted by law, the VILLAGE and AUTHORITY
shall indemnify, defend, and hold the other harmless against any actions, claims and damages
arising out of its own negligence in connection with the Work and the Project and the use of the
funds provided under this Agreement. The foregoing indemnification shall not constitute a waiver
of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statues, nor shall the
same be construed to constitute an Agreement by the VILLAGE or the AUTHORITY to indemnify
each other for sole negligence, or willful or intentional acts of the other. The foregoing
indemnification shall survive termination of the Agreement.
B. No provision of the 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 AUTHORITY and/or the VILLAGE.
Section 10. Annual Appropriation:
All provisions of this Agreement calling for the expenditure of ad valorem tax money by either the
AUTHORITY or the VILLAGE are subject to annual budgetary funding and should either Party
involuntarily fail to fund any of their respective obligations pursuant to the Agreement, this
Agreement may be terminated.
4
NPB INTERLOCAL AGREEMENT
Section 11. Breach and Opportunity to Cure:
The parties expressly covenant and agree that in the event either party is in default of its obligations
under this Agreement, each party shall have thirty (30) days' written notice before exercising any
of its rights.
Section 12, Enforcement Costs:
Any cost or expenses (including reasonable attorney's fees) associated with the enforcement of the
terms and conditions of this Agreement shall be borne by the respective parties.
Section 13. Notice:
All notices required to be given under this Agreement shall be in writing, and deemed sufficient
to each party when sent by United States Mail, postage prepaid, to the following:
All notices to the AUTHORITY shall be sent to:
Rim Bishop, Executive Director
Seacoast Utility Authority
4200 Hood Road
Palm Beach Gardens, FL 33410
All notices to the VILLAGE shall be sent to:
Chuck Huff, Village Manager
Village of North Palm Beach
501 U.S. Highway One
North Palm Beach, FL 33408
Section 14. Modification and Amendment:
Except as expressly permitted herein to the contrary, no modification, amendment or alteration in
the terms and conditions contained herein shall be effective unless contained in a written document
executed with the same formality and equality of dignity herewith.
Section 15. Remedies:
This Agreement shall be governed by and in accordance with the laws of the State of Florida. Any
legal action necessary to enforce this Agreement shall be held in Palm Beach County. No remedy
herein conferred upon any party is intended to be exclusive of any other remedy, and each and
every such remedy shall be cumulative and shall be in addition to every other remedy given
hereunder or now or hereafter existing at law or in equity by statute or otherwise.
NPB INTERLOCAL AGREEMENT
No single or partial exercise by any party of any right, power or remedy hereunder shall preclude
any other or further exercise thereof.
Section 16. No Waiver:
Any waiver by either Party of its right 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 Agreement shall not be construed as a waiver or relinquishment to any extent of
such Party's right to assert or rely upon any such provisions or rights in that or any other instance.
Section 17. Joint Preparation:
The preparation of this Agreement has been ajoint effort of the parties, and the resulting document
shall not, solely as a matter of judicial constraint, be construed more severely against one of the
parties than the other.
Section 18. Non -Discrimination:
The VILLAGE and the AUTHORITY agree that both parties shall not conduct business with nor
appropriate any funds for any organization or entity that practices discrimination on the basis of
race, color, national origin, religion, ancestry, sex, age, familial status, marital status, sexual
orientation, gender identity and expression, disability, or genetic information. The VILLAGE will
ensure that all contracts let for the Project pursuant to the terms of this Agreement will contain a
similar non-discrimination clause.
Section 19. Execution:
This Agreement may be executed in two or more counterparts, each of which shall be deemed an
original, but all of which together shall constitute one and the same instrument.
Section 20. Filing:
A copy of this Agreement shall be filed with the Clerk of the Circuit Court in and for Palm Beach
County, Florida.
Section 21. Termination:
This Agreement may be terminated by either party to this Agreement upon sixty (60) days' written
notice to the other party, except as otherwise addressed in this Agreement. However, once the
Project has commenced, it shall be pursued to completion, and this Agreement shall be binding
upon the parties and neither party shall have the right to terminate the subject Agreement.
NPB INTERLOCAL AGREEMENT
Section 22. Compliance with Codes and Laws:
The AUTHORITY and the VILLAGE shall abide by all applicable federal, state, and local laws,
orders, rules, and regulations when performing under this Agreement. The AUTHORITY and the
VILLAGE further agree to include this provision in all subcontracts issued as a result of this
Agreement.
Section 23. Office of the Inspector General:
Palm Beach County has established the Office of the Inspector General in Palm Beach County
Code Sections 2-421 to 2-440, as may be amended. The Inspector General's authority includes but
is not limited to the power to review past present and proposed AUTHORITY contracts,
transactions, accounts, and records, to require the production of records, and audit, investigate,
monitor, and inspect the activities of the contractor, its officers, agents, employees, and lobbyists
in order to ensure compliance with contract specifications and detect corruption and fraud. All
contractors and parties doing business with the AUTHORITY and receiving AUTHORITY funds
shall fully cooperate with the Inspector General, including receiving access to records relating to
Bid or any resulting contract.
Section 24. Public Entity Crime and Scrutinized Companies Certification:
As provided in Section 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, the VILLAGE shall
have its contractors certify that their affiliates, suppliers, subcontractors, and 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. This notice is required by Section 287.133 (3)(a), Florida Statutes. Additionally,
the VILLAGE shall have its contractors certify that they are not on the Scrutinized Companies or
Other Entities that Boycott Israel List, as required by Section 287.135(2)(a), Florida Statutes,
Section 25. Severability:
If any section, paragraph, sentence, clause, or provision of this Agreement is for any reason held
by a court of competent jurisdiction to be unconstitutional, inoperative, or void, such holding shall
not affect the remaining portions of this Agreement.
Section 26. Entirety of Agreement:
The AUTHORITY and the VILLAGE agree that this Agreement sets forth the entire Agreement
between the parties, and there are not promises or understandings other than those stated herein.
Section 27. Survival:
The obligations, rights, and remedies of the Parties hereunder, which by their nature survive the
NPR INTERLOCAL AGREEMENT
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.
IN WITNESS WHEREOF, the undersigned parties have executed this Agreement on the day and
year first written above.
SEACOAST UTILITY AUTHORITY VILLAGE OF NORTH PALM BEACH
BY. V BY: r LL
Authority Omi,- Deborah Searc yor 3
Ka4n rYlarcus, ✓'ee eharr
O��pRTNp
ATTEST: ATTEST: lu;
t?: FLORIDA
JESSICA MOORE,
AUTHORITY CLERK
B : aab12(a
(Date)
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
JESSICA GREEN,
VILLAGE CLERK
BY: 2 �Z�Zce
(Date)
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
y; BY:/
iq'athan Nason, Authority Attorney Leonard G. Rubin. Village Attorney
EXHIBIT A
Calculations of Cost Share for AUTHORITY and VILLAGE
Total Project Value: $398,660.00
Work Specific to the AUTHORITY (Group 1 Items): $157,245.00
Items shared by AUTHORITY and VILLAGE (Group 2 Items): $88,945.00
Work Specific to the VILLAGE (Group 3 Items): $152,470.00
Percentage Split of Shared Work Items By Cost:
V% = V$/(A$+V$) 49.23%
VILLAGE Portion of the Shared Items: $43,787.62
Total Cost for the VILLAGE: $196,257.62
Total Cost for the AUTHORITY: $202,402.38
EXHIBIT A
This will be a modi/ted Schedule of Values to reflect complete bid for the purpose of
prn'ntent.
Group 1— Seacoast Utility Authority Items
Item #
Description
Unit
Quantity
Unit Cost*
Total
I
Grout Existing Water
Main
LF
455
$25.00
$11,375.00
2
Remove Hydrant
EA
1
$400.00
$400.00
3
Remove 8" Clay sewer
LF
63
$20.00
$1,260.00
4
8" PVC Sewer main
LF
63
$110.00
$6,930.00
5
6" DIP Watermain
LF
469
$120.00
$56,280.00
6
Fittings
LS
1
$5,000.00
$5,000.00
7
Sample Point
EA
3
$500.00
$1,500.00
8
Fire hydrant
EA
I
$2,500.00
$2,500.00
9
6" Gate Valve
EA
6
$2,500.00
$15,000.00
10
Jumper
EA
I
$1,000.00
$1,000.00
11
6"x6" Tee
EA
3
$500.00
$1,500.00
12
Thrust block and transition
sleeve
EA
4
$2,500.00
$10,000.00
13
Watermain connection to
the Existing
EA
4
$1,500.00
$6,000.00
14
Testing
LS
I
$3,500.00
$3,500.00
15
Single Water Meter
connection
EA
2
$3,000.00
$6,000.00
16
Dual Water Meter
connection
EA
3
$4.000.00
$12,000.00
17
Cleanout
EA
4
$500.00
$2,000.00
18
Dewatering
LS I
1
$15,000.00
$15,000.00
Group 1 - Subtotal
$157,245.00
Group 2 —Shared Items (Seacoast Utility Authority and Village of North Palm Beach)
Item #
Description
Unit
Quantity
Unit Cost*
Total
I
Maintenance of Traffic
LS
1
$8,000.00
$8,000.00
2
Construction Staking and
Record Drawings
LS
1
$5,000.00
$5,000.00
3
Excavation
CY
107
$35.00
$3,745.00
4
4" Concrete Sidewalk
LF
136
$90.00
$12,240.00
5
6" Concrete Driveway
SY
210
$100.00
$21,000.00
6
Swale Grading and Re-
sodding
SY
664
$15.00
$9,960.00
Group 2 - Subtotal
$59,945.00
Group 3 —Village of North Palm Beach Items
Item #
Description
Unit
Quantity
Unit Cost*
Total
1
2" Type SP -9.5 Asphaltic
Concrete
SY
110
$22.00
$2,420.00
2
1" Type SP -9.5 Milling
and Resurfacing
SY
1,920
$20.00
$38,400.00
3
16" Baserock w/ Prime
coat
SY
110
$25.00
$2,750.00
4
12" Compacted Subgrade
SY
110
$4.00
$440.00
5
Inlets, DT Bot, Type C,
<10,
EA
7
$5,000.00
$35,000.00
6
Manhole
EA
I
$6,000.00
$6,000.00
7
12" Slotted RCP Pipe
LF
271
$160.00
$43,360.00
8
12" RCP Pipe
LF
171
$100.00
$17,100.00
9
Pavement Markings
LS
1
$5,000.00
$5,000.00
10
Detectable Warning
(FDOT Index #522-002)
EA
1
$2,000.00
$2,000.00
Group 3 - Subtotal
$152,470.00
Items Not Included
Item #
Description
Unit
Quantity
Unit Cost*
Total
Mobilization/
Demobilization/
General Conditions
LS
I
$29,000.00
$29,000.00
Items Not Included - Subtotal
$29,000.00
Total Job Price j $398,660.00