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HomeMy WebLinkAboutResolution_15-00/01_01/16/2001 RESOLUTION NO. 15- 00/O1 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, APPROVING A JOINT PROJECT FUNDING AGREEMENT WITH LOXAHATCHEE RIVER ENVIRONMENTAL CONTROL DISTRICT (ENCON) OF JUPITER, FLORIDA, AS IT RELATES TO THE TEQUESTA COUNTRY CLUB PHASE II IMPROVEMENTS PROJECT, (POTABLE WATER DRAINAGE AND STREET LIGHT CONDUIT) IN THE TOTAL AMOUNT OF $1,646,363,000, WITH FUNDS BEING APPROPRIATED FROM THE FOLLOWING FUNDS WITHIN THE FY 2000/2001 BUDGET AND AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE APPLICABLE CONTRACT ON BEHALF OF THE VILLAGE. Water Main Improvements ($953,779.00) Water Fund: Budgeted Amount Capital Improvement (Construction) $ 600,000 Undesignated Fund Balances i 354,000 Sub Total $ 954,000 Stormwater Improvement ($594,914,000) Stormwater Utility Fund: Capital Improvement (Construction) Phase I Grant Proceeds RevenueZ Sub Total Street Light Conduit ($97,670) General Capital Improvement Fund Capital Improvements Total Budgeted Amount Contract Amount $ 420,000 175,000 $ 595,000 $ 117,259 $1,666,259.00 1,646,363.00 • II Surplus: $ 19,896.00 • • 1. The Water Funds Undesignated Fund has a present balance of $1,350,000.00, pending audit adjustments. 2. The Phase I Stormwater Improvements are $484,195 with $500,000 budgeted. This does not include $239,000 of Grant Proceeds from FEMA which will resupplement this account. A portion of the Unanticipated Grant Proceeds ($175,000) will be used for these improvements. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1. A Joint Project Funding Agreement with Loxahatchee River Environmental Control District (ENCON), of Jupiter, Florida, as it relates to Tequesta Country Club Phase II Improvements Project, attached hereto as Exhibit "A", and incorporated by reference as a part of this Resolution is hereby approved and the Village Manager of the Village of Tequesta is authorized to execute the same on behalf of the Village. THE FOREGOING RESOLUTION WAS OFFERED by Councilmember (;enco who moved its adoption. The motion was seconded by Councilmember Schauer and upon being put to a vote, the vote was as follows: FOR ADOPTION AGAINST ADOPTION Joseph N. Capretta Basil E. Dalack Geraldine A. Genco Elizabeth A. Schauer Sharon D. Walker The Mayor thereupon declared the Resolution duly passed and adopted this day of January 16th, A.D, 2001. ATTEST: oann Manga ello • ~ Village Clerk MAYOR OF TEQUESTA '~N': Capr"eta' ~~ J AGREEMENT BETWEEN THE VILLAGE OF TEQUESTA AND LOXAHATCHEE RIVER ENVIRONMENTAL CONTROL DISTRICT FOR JOINT PROJECT FUNDING FOR THE ENGINEERING SERVICES AND CONSTRUCTION FOR "TEQUESTA PENINSULA -PHASE II AREA" POTABLE WATER, DRAINAGE AND STREET LIGHT CONDUIT IMPROVEMENTS PALM BEACH COUNTY, FLORIDA LOXAHATCHEE RIVER ENVIRONMENTAL CONTROL DISTRICT, PROJECT N0.406304 THIS AGREEMENT, made and entered into this ~ day of ~ ~ d~`~-~~ ~{~=~--'~r~ , by and between the LOXAHATCHEE RIVER ENVIRONMENTAL CONTROL DISTRICT, a special district of the State of Florida, herein referred to as "DISTRICT" and the VILLAGE OF TEQUESTA, a political subdivision of the State of Florida, herein referred to as "VILLAGE", WITNESSETH: WHEREAS, DISTRICT and VILLAGE desire to jointly participate in the construction of the utility construction and adjustment of the potable water, drainage and street light conduit improvements within portions of the "Tequesta Peninsula -Phase II Area", and: • WHEREAS, Florida Statutes. Section 163.01, allows governmental units to make the most efficient use of their powers by enabling them to cooperate on a basis of mutual advantage; and WHEREAS, the VILLAGE has determined it is in the best interest of the public to, avoid the duplication of effort and delays in bidding the VILLAGE portion of the Proj ect, since it has been successfully negotiated (with the low bid contractor for the DISTRICT portion of the Project) with terms that meet with the approval of the VILLAGE's Engineer; and WHEREAS, the execution of Agreement is in the best interest of both governmental units by promoting efficient utility construction and adjustments within portions of the "Tequesta Peninsula -Phase II Area" referred to previously; NOW, THEREFORE, for and in consideration of the mutual covenants, contained herein, the Parties to this Agreement agree as follows: 1. The agreement between the DISTRICT and VILLAGE for the Joint Project Participation of the "Tequesta Peninsula -Phase II Area" and attached hereto (Attachment "A") is incorporated by reference and made a part of this Agreement. 2. VILLAGE agrees to pay directly to the DISTRICT costs attributable to said utility construction and adjustments of potable water, drainage and street light conduit improvements as • outlined in the contract Specifications for this Project. 3. Said summation of construction costs is stated in the amount of $1;646,363.00 for construction of potable water, drainage and street light conduit systems in accordance with the proposal of Asphalt Consultants, Inc. (Attachment "B) and unit prices as stated. 4. The DISTRICT and the VILLAGE agree to pay their fair share percentages of engineering costs as stipulated in the Joint Project Participation Agreement (Attachment "A"). 5. Said summation of engineering costs is stated in the amount of $210,000.00 for the contract administration and inspection. The parties contributions are broken down as follows: DISTRICT (51.75%) $100,912.50 + $15,000.00* _ $115,912.50 VILLAGE (48.25%) 94,087.50 TOTAL $210,000.00 *Relates to additional engineering associated with Change Order No. l (Bay Harbor sewer) which is a 100% DISTRICT cost. (Refer to the engineering proposal from Reese, Macon & Associates attached hereto as Attachment "C".) 6. DISTRICT agrees to pay directly to VILLAGE costs attributable to the DISTRICT for engineering costs stipulated above within thirty (30) days of receipt of an invoice. 7. Said construction costs shall be adjusted upon completion of the Project using as constructed quantities, said quantities being measured jointly by the DISTRICT'S Engineer and the VILLAGE's Consultant as Project engineer. 8. VILLAGE agrees to fund those contributions set forth in Paragraphs 1 and 7 above within thirty (30) days of receiving written notice from the DISTRICT that funding, is required. 9. The DISTRICT is to be responsible for administering the funds. in accordance with this Agreement. 10. VILLAGE is to be responsible for, and agrees to provide or cause to be performed all contract administration and inspection services during construction of and final certification for the aforementioned Project (potable water, drainage, street light conduit, road and gravity sewer improvements), including public questions and complaints concerning construction activities, road and property restoration. • , 11. The DISTRICT shall obtain VILLAGE's approval for any change orders which increase the cost attributable to the utility construction for potable water, drainage and street light conduit to an amount greater than the contract amount as stated in Paragraph 3 of this Agreement. VILLAGE shall be responsible to the DISTRICT for any cost caused by VILLAGE'S delays including but not limited to change orders attributable to the utility construction; reciprocally, the DISTRICT shall be responsible to the VILLAGE for any costs caused by DISTRICT'S delays including but not limited to change orders attributable to the utility construction. 12. In the event that additional work and funding is required, the additional cost attributable to said utility construction and adjustments for potable water, drainage and street light conduit as outlined in the specifications for this Project is the responsibility of VILLAGE. In the event of an under run attributable to said utility construction for potable water, drainage and street light conduit as outlined in the specification, VILLAGE will be credited the excess amount. 13. Without waiver of limitation as provided for in Section 768.28 (5), Florida. Statutes, and to the extent permitted by law, DISTRICT agrees to indemnify and hold harmless VILLAGE from and against any claims, losses, demands or cause of action of whatsoever kind or nature that VILLAGE, its agents or employees, may or could sustain as a result of or emanating out ofthe terms and conditions contained in this Agreement that result from the DISTRICT'S negligence or willful misconduct. Without waiver of limitation as provided for in Section 768.29 (5), Florida Statutes, and to i the extent permitted by law, VILLAGE agrees to indemnify and hold harmless the DISTRICT from and against any claims, losses, demands or cause of action of whatsoever kind or nature that the DISTRICT, its agents or employees, may or could sustain as a result of or emanating out of the terms and conditions contained in this Agreement that result from the VILLAGE'S negligence or willful misconduct. 14. All provisions of this Agreement calling for the expenditure of ad valorem tax money by either DISTRICT or VILLAGE are subject to annual budgetary funding and should either Parry involuntarily fail to fund any of their respective obligations pursuant to this Agreement, this Agreement may be terminated. 15. Any and all notices required or permitted to be given hereunder shall be deemed received five (5) days after same are deposited in U.S. Mail sent via certified mail, return receipt requested. All notice to DISTRICT shall be sent to: Richard C. Dent, Executive Director Loxahatchee River Environmental Control District 2500 Jupiter Park Drive Jupiter, FL 33459-8964 • • • u All notice to the VILLAGE shall be sent to: Michael Couzzo, Manager Village of Tequesta P.O. Box 3273 Tequesta, FL 33469 16. In the event that additional engineering is required by a party, that party will be responsible for the additional work required by them. In the event that additional engineering is required as a direct result of the overall project, each party will be responsible for their fair share as stipulated within the agreements. IN WITNESS WHEREOF, the Parties unto this Agreement have set their hands and seals on the day and date first written above. L By: ENVIRONMENTAL VILLAGE OF TEQUESTA, FLORIDA Richa tlr C. Dent Date ~~«~c-c=` ^~ ~-e to MiCNgE L CoG Z LU 7IZ , Executive Director .r .. ATTEST: (Dist:-ict Seal) c~ ~ . h ERK ;~ ,.. ;e._; ~~e YO By. Date APPROVED AS TO FORM AND LEGAL SUFFICIENCY: B ~ -~~~ - y: DISTRICT ATTORNEY N:UCR\13153-01\Encon Joint Project Funding Revised3.wpd 4 APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: VILLAGE A TORNEY . g 4NSULTANTS, INC. ENGINEERING CONTRACTORS December 21, 2000 Loxahatchee River District 2500 Jupiter Park Drive Jupiter, Fl. 33458 Attention: Mr. Paul P. Brienza, P.E. Re: Tequesta Peninsula Sanitary Sewer Collection System, Phase Two Subject: Extra Work and Extension of Contract Time on Account of Extra Work. Tequesta Country Club Ph-2, Water, Drainage & Street Light Conduit Dear Sir, We -are pleased to submit our price to construct additional work items described on the attached Bid Schedule. The total price determined by multiplying the unit quantities and • unit prices is $1,646,363.00. We are requesting that an additional 120 calendar days be added to our Contract time to complete this extra work. We believe that if the alternate bid items are utilized for the installation method of water mains under the specialty and concrete driveways, additional savings could be realized. After your review, please notify us at your earliest convenience if we are to be awarded this extra work in order for us to begin scheduling. Please contact me if you have any questions or comments. Respectfully, Asphalt Consultants, Inc. E.F. L~iper IV Project Manager 2200 N. FEDI?1Q94e'W~V-' • SUITE 221 • BOCA RATON, FL 33431 • (561) 368-5797 • FAX (561) 750-859E • Village of Tequeata Tequeata Country Club - phase II tester bdain Aeplaaement and Drainage Syetem Improvemonte Uai t Price Sid Schedulo Item Estimated Estimated No • D~ETt1o-n oLantity 3i~ Price Amount _ , WAT ~SAl'~ REPLACEb ~~ A, water Main . i. pvc pipe e" 300 11 LF 3'4 •~O 3~4 200 .C^.p a. , b. 6" 3,400 LF 33 • O~ j ~ Z2oo OG C. 4" 220 LF 3x-00 7G'tJ'`'~ ` c"a 2. D.Z. Pipe • a. 8" 180 LF ~ 'Z •yo [ LZ4o ~ ac b , 6 " 10 0 LF • ~~_ ov ~o,~OC~ • pp 3. RSGV w/Hox a. 8" 13 EA ~~p•e~ lb9'ZO. Gc: b . 6 ° 9 EA 7C> s, c`-o ~ 3 ~'~. GO 4 . Fire Hydrant Ae semb].y 2 3 ~'7 ~p.0o EA ~ 3 Z J ©~ bD S. D.I. Fittings 10,000 LBS ~, ~~ 6 . Sample Points it EA 30G . w 7. Term End w/Blow Off 1 EA ~~ ~•~ 8. Main cobnection g r,1!- ~ ~ ~2 3G- °~' 9. Existing Main l~,30 Abandonment 14,300 LF 10. Road Restoration ~...0.8•e SY 3`'- ta•O ~ ~C: 284~,e~ ~3~ •aa SC`~F~r, r-rJ P-3 • . ~. I t c;n No I~usc.t'ipl? Or2 :;: timdtP~' Qtian~i Lv UtiiL Price il. Driveway Restoration • • a. Concrete 950 b. Asphalt 850 c. Special Treatment 1,250 d. Shell 15 i2. Air Release Valves 13 . sod lg. Services a. e^ x 1° S addl e b. 6" x 1' Saddle c. 4" x Z" - saddle d. 1" Corp Stop e _ 1 " Curb SCOD f. U.Branch g . ~ " poly h. Meter connection subtotal, Item A a 6,000 152 38 5 195 225 30 5,700 SY Z.ua sY 2 7 . ao SY G-oa sY to . o 0 EA 3~3Z.c~ 8Y q . a-d EA ~ ~ d • c:~a EA ~ 7 7 - bo EA ~bJ.Gu EA ~Z_~ EA Q 2, c>o EA 95 . O`, LF S • OG EA Z S . Oc:1 Estimated Arne ;:n S~7 Q~ . tom: Z 2v7 ro - off, ! SO . © o Z7 eoa- c~ Z.° ~ ~6 .~ ~7Z~.~: ~Z~• C~ 1597 0 ~ oc Z~~_m ~~ ~ J~ C7~ 225 7~~ 779.00 P-4 e~pyCei•VSd: 12/ 4/00 4:S4PM; Dec-04-00 03:35P Reese.MaconBAssoc. • 3. Drainage Structures a• Type J w/inlet b. Type J Manhole c. Type C w/inlet d. Control Struct. (C51) Village of TeQnesta Water Main Eteplaee~menta Drains eCSustemphase II t d S Light Conduit Unit Price s Hid Schedule an treet Item _No. DeGr_'rir~t~pn Estimated Estimated Quantity Uni Price mount B . DRAINAGE SYSTE2~i IMgRpVE~NTS 1. HDPE Pipe a. 42-inch 1,540 LF $~ .bo $ I~-~7~C~p•~ b. 24-inch 370 LF $ $~~ _o~ $ ( ~ ~ (0 . o~. c . 18 -inch 73 0 LF $ q (, . oc $ 33 ~FsO .~~ 2. Elliptical Conc. Pipe a_ 14" x 23" b. 12" x lep • • 4. Swale Construction 5. Driveway Restoration a. Concrete b. Asphalt c. Special Treatment d. Shell -~ Asphalt Consultants, Znc.; Page 4 P_04 100 LF $ ~3_v`d $ ~C{~, p~ 10 0 LF $ '~, by $ q'~ CO . a ~ 12 EA $3Z~,cx $ 3 c~ /+C~•Qp 12 EA $ ~ ~~ ~ . cv $ ( ~OoD • Chi 6,100 LF $ ~• co $ 3o S o~ . o~ BSO SY $ ~2_c.: $ 570O.t3a 1, 600 SY $ 2?_UU $ ~{3 ZVU. ~y0 850 SY $ ~(, . o~ $ ~j i OG " ~~ 45 SY $ (o .ao $ !-}Sa •cD 6 . Road Restoration 3~ _Z~9' SY $ ,30 , oc, P-S S gCC v ce; UU-129 • • • Ttem Na. Estimated Uescriptto:: ~iuantl.Ly Uc~ik 7. Drainage Demolition a. Structure Removal/ Disposal 23 b. Pipe Removal/ Disposal 2,500 8 . outf all Construction 4 9. Existing Pipe Cutting/Connection a. To Existing Structure 3 trice ~:stintated ~~ou~t 9g7a , ce LF g-oD Zoa00•o0 ~, 39 So . v o 1 S8 ot~ . Eip EA ~ 6O~ . c,a 36cA • op b. To New 8 EA S (~ - ~' to ~~''4 ~ ~`' Structure ~ - 10. Sod ~ 11, 500 SY 4 .Sa ` S ~ ~~- ~%~ 11. Repair/Restoration/Replacement of Improvements Between Lots a. Dots 409/405 1 Job LS . ~ ~~° '°` b. Lots 364/365 1 Job LS 7~ cC .ate c. Lots 295/296 1 Job LS ~7 ~c0 • o~ d. Lots 52/53 1 Job LS 7~~~ - vC e. Lots 21/22 Z Job LS 7J'ZZV• ~~' f , Lots 8/9 1 Job L3 ~ ? ~~?O - r.G g. Lots 34 /14 1 Job LS + ~ 73~c'' L~ 9uDtotal , ICam H ~~ L~ ~ ~ •-~, O D (DRAINAaPd 3Y3TRM IMPROVaMF-NT3) P-6~ • Item EsL-imaked - Estitnat=d No. I-eseript?on QvanLity L'iiil YriCe A~ao_ urt C. STRSBT LIGHT CONDUIT 1. 2" PVC Condu~c * 6 , 10 0 LF ~ • C`~o 3 0 ~c . ~ Z . Pull Boxes; 142 EA. ~ ~~ , co 2,? ~3Z, cc 3. Sod Restoration (Floratam) - 1, 800 SY Q •J~ ~ 1 00 .Oa 4. Driveway Restoration a. Asphalt 200 SY ~?' °a ~40t3 • ~` 5. Hydraulic/Mechanical Yush a . t]hder Roaflway (40') 42 EA. ~~' ~ e Zd ~ZZ-~~ • b. Under Driveway (20') 16 EA. 3Z~ •C`=' ~ Z~ (~ -C'DC~ Subtotal, =tem C -7 (STREET LIGHT CONDIIIT) ~ ! Co ~ O ~G +' - Installation cost only, material supplied by FPL. Total (stems A, a ~ c) ~~,L}{~ a3~3 -cc • p'7 oo-ia9 ,i.. i • I • I D. ALTERNATE BID ITEMS 1. Hydraulic/Mechanical Push Under Concrete & Special Driveways a. 8" Pipe b. 6" Pipe c. 4" Pipe 975 LF $ ~ Z •~o $ x(09 So -c~C 300 LF $ 3~' ~~ $ ~ ~ ~{~.c7ca 50 LF $ ~~ ~O~ $ j7oO.Oa P-8 00-129 c' A • Reese, Macon and Associates, Inc. January 9, 2001 (Revised January 16, 2001) Michael R. Couzzo, Jr., Village Manager Village of Tequesta Post Office Box 3474 Tequesta, FL 33469 Re: Tequesta Country Club-Phase II Sanitary Sewer/Water Distribution/Drainage System/Street Light Conduit Improvements Gentlemen: We are pleased to submit this proposal for engineering services in connection with providing • services during construction/project administration services for the above referenced project. REESE, MACON and ASSOCIATES, INC., hereinafter referred to as the Engineer, shall perform the services as documented below for The Village of Tequesta, hereinafter referred to as the Client. SCOPE The Engineer and the Client understand that the purpose of this scope of services is to identify the Engineer's responsibilities for engineering services during construction and contract/project administration for the sanitary sewer, water distribution, drainage system and street light conduit improvements construction contract. Note that the overall construction contract with the Contractor will be with ENCON with Reese, Macon and Associates, Inc. administrating the contract as denoted herein. These services are required for the Engineer to observe the construction, administer the contract and certify completion of the project. The services will be performed for the water distribution, drainage system, street light conduit and gravity sewer improvements. It is the intent and desire of the Village and the Engineer to work cooperatively with ENCON while ensuring that the Village interests are protected and preserved with respect to the construction contract and to the extent they may differ from the interests of ENCON or other parties. The following specific tasks will be performed by the Engineer: (Water Distribution/Drainage System/Street Light Conduit/Gravity Sewer) 1. Provide Engineering services during construction and construction observation services for • the planned improvements outlined above to include the following: a-_=~EXNIBIT 6415 Lake Worth Road Suite 307 Lake Worth, FL 33463-2907 ~ i Telephone (SC 1) 433-3226 Fxcsicnilc SCl 433-81111 ~ ~ ~ ,, _ ( ) c-mxiL• rcemac~~;xte.net Michael R Couzzo, Jr., Village Manager Tequesta Country Club -Phase II Sanitary Sewer/Water Distribution/Drainage System/Street Light Conduit Improvements Page 2 - Coordination with ENCON - Preconstructionmeeting attendance - Shop drawing review - Attendance at progress meetings - Pay request review and recommendation - Construction observation - Record drawing preparation - Project certification to the regulatory agencies - Contract administration - Preparation of monthly residential project update flyers - Coordination with resident liaisons - Project closeout The above scope is predicted on the assumption that the Client shall furnish, at no cost to the Engineer, all available pertinent information including previous reports, plans, specifications, permits and other data relevant to the performance of the above services for the project. It is further understood by the Engineer that ENCON will secure approval from the design engineer for the sanitary sewer improvements for the Engineer to utilize the designer's plans to show modifications, if any, and record information. An Auto Cadd 2000 electronic file of the design drawings will be provided to the Engineer. TIlVIE OF PERFORMANCE The Engineer acknowledges that the time frame for this project is critical. Item 1 of the Scope of Services will be completed commensurate with the construction contract (final completion within twelve (12) months of the Notice to Proceed). FEES For Scope Item 1 under "Part A" the Engineer shall be paid a lump sum fee of Two Hundred and Ten Thousand Dollars ($210,000.00). Note that the fees stipulated above, assume "normal" construction problems and progress. It further assumes that substantial (11 months) and final (12 months) completion of the project is within the contract construction time lines as stated. For the performance of work outside of the scope or beyond the project contact times, the Engineer • shall be paid according to the following schedule on the basis of actual time spent, plus any applicable sales tax and reimbursement for non-salary expenses including, but not limited to, automobile travel . ~'- . Michael R Couzzo, Jr., Village Manager Tequesta Country Club -Phase II Sanitary Sewer/Water Distribution/Drainage System/Street Light Conduit Improvements Page 3 at $0.30/mile, reproduction and long distance telephone. Prior to any of this additional work being performed, the Engineer will provide an estimate of cost. Principal $95.00/HR Project Manager $80.00/HR Senior Engineer $70.00/HR Engineer/Sr. Technician $60.00/I-IR Designer $55.00/HIZ Technician/Draftsman $45.00/IiR Secretary $30.00/HR If services are required in the performance of the above scope, beyond those normally provided by the Engineer, which must be sublet, the Engineer shall order the work after obtaining the written authorization of the Client. The subcontractor shall bill the work directly to the Client. If the Engineer is requested to subcontract the work directly, a 10% handling charge will be added to the subcontractors invoice. Invoices for services rendered are issued on a monthly basis and are due within thirty (30) days of the invoice date. Interest at a compound rate of one and one-half percent • per month shall be charged to any past due statements. Interest shall be computed on past due statements from the date of invoice. TERMINATION This agreement may be terminated by either party by giving thirty (30) days written notice. The Engineer shall be paid for all services rendered prior to the termination date. ACCEPTANCE Acceptance of this proposal may be indicated by executing this document in the space provided below. This contract shall be considered void if not executed within thirty (30) days from the above date. Upon execution of this agreement the Client shall return one copy to the Engineer. Very truly yours, ~~ ~ William D. Reese, P.E., President Accepted By: B ' • Michael R. DATE: tcj00167/00.129