HomeMy WebLinkAboutDocumentation_Special Meeting_Tab 03_03/27/2009~~
~ VILLAGE OF TEQUESTA
`'~~
'~ AGENDA ITEM TRANSMITTAL FORM
1. VILLAGE COUNCIL MEETING:
Meeting Date:
3/27/2009 Meeting Type: Special Ordinance #: ~:~lick here tc~ enfer text.
Consent Agenda: No Resolution #: 10-09
Originating Department: Utilities
2. AGENDA ITEM TITLE: (Wording form the SUBJECT line of your staff report)
Approve proposal from Utility Services Authority LLC for the Tequesta Drive Bridge Utility Relocation.
3. BUDGET /FINANCIAL IMPACT:
Account #: 301-337-662.641, 401-000-
115.000 AND 401-414-662.641 Amount of this item: $745,398.35
Current Budgeted Amount Available: Amount Remaining after item:
301-337-662.641 $0.00 301-337-662.641 ($150,116.65)
401-000-115.000 N/A (ACCNTS REC PRTN) 401-000-115.000 N/A (ACCOUNTS RECEIVABLE PORTION)
401-414-662.641 $125,000.00 401-414-662.641 ($159,488.45)
Budget Transfer Required: Yes Appropriate Fund Balance: Yes
4. EXECUTIVE SUMMARY OF MAJOR ISSUES: (This is a snap shot description of fhe agenda item)
Approve proposal from Utility Services Authority LLC for the Tequesta Drive Bridge Utility Relocation.
5. APPROVALS:
Dept. Head:
Finance Director: ` ~'2-~
r
Attorney: (for legal sufficiency)
Village Manager:
• SUBMIT FOR COUNCIL DISCUSSION:
~:
• APPROVE ITEM:
Yes ^ No ^
• DENY ITEM: ^
TEQUESTA UTILITIES
MEMORANDUM
TO: MICHAEL R. COUZZO, VILLAGE MANAGER
FROM: RUSSELL K. WHITE, PUBLIC SERVICES MANAGER
SUBJECT: TEQUESTA BRIDGE UTILITY RELOCATION
DATE: MARCH 12, 2009
Attached, please find an agenda item for the above subject. This is a very important part
of the new Tequesta Bridge. It also is a complex project since it will require directional
boring under the North Fork of the Loxahatchee River.
We held a bid opening for this project on February 24, 2009. Unfortunately we received
one (1) bid for $745,398.35.This is not that unusual due to the complexity of the bores
and the requirements of all the permitting agencies, and Village standards.
This is a joint project between the Village of Tequesta and the Loxahatchee River
District. The Village portion amounts to $434,605.10 and the River Districts amount is
$310,793.25. We have budgeted $125,000.00 for the relocation and should it be
approved, we will have to appropriate the balance.
I believe the Village Council is aware of the issues involved with this project and I will
be available at the Council meeting to discuss any concerns and questions they may have
relative to the project.
I have also attached a cost breakdown for additions and deletions available for the
Council to review in making their decision on how they may want to proceed.
I recommend approval of this contract. Please place on the agenda.
Below are the individual costs associated with the utilities that are currently on the FPL poles crossing at
Tequesta Bridge. AT&T and Comcast have agreed to one 3 inch pipe each, with the Village paying for the
bore and their companies absorbing all cost associated with installing the new cables and making all
connections. FPL has taken a stance that any work they do, whether it is relocating the poles or going
through the bore will be a reimbursable expense to the Village. If they go with the bore the cost is
approximately $44,000.00 if they relocate the poles it is approximately $50,000.00. They have also
stated that if they have to relocate the poles they would need a separate permit from the Army Corp of
Engineers which would be time consuming.
I have also listed some restoration items that may be removed from the contract due to the bridge
construction coming in right after the pipelines are completed.
BORE COST BREAKDOWN
FPL bores (2 six inch pipes): $80,997.35
ATT&T and Comcast (4 three inch pipes): $68,153.30
TOTAL: $149,150.65
If the Council decides toinstall 1 six inch pipe for FPL and 1 each of the 3 inch for AT&T and Comcast, the
cost would be reduced. I do not think that with the 3 inch pipes we would realize much of a savings due
to the fact that the bore size stays the same. The pipe cost is a minimal reduction, possibly 5-10
thousand dollars.
With the Council eliminating the FPL bore completely we would save that cost, if we decide to do the
FPL bore, and can reduce it to one 6 inch pipe we may realize more savings.
RESTORATION COST BREAKDOWN
Concrete sidewalk: $34,500.00
Bahia Sod: $6,831.00
Royal Palm remove/reinstall: $17,250.00
TOTAL: $58,581.00
These costs could be greatly reduced by eliminating the sidewalk and sod portion of the restoration, due
to the fact that the bridge construction would start within a couple of weeks of the pipeline completion.
I have received a quote for the Royal Palms to be relocated temporarily then reinstalled at the
completion of the new bridge. This is a savings of $13,443.60.
There have been some additions to the contract price. They are as follows:
ADDITIONAL COSTS
Maintenance of traffic (MOT): $5,400.00
Health Dept. requirement: $6,250.00
TOTAL:
$11,650.00
For the MOT that was not in the contract, ie: us maintaining the flow of traffic in the one lane that will
be open, we looked at two different ideas to save costs, first we priced a temporary traffic light system
($11,000.00), second Chief McCollum priced having his officers do it ($14,000.00). The contract price
was bid with us using one of these methods. We requested the contractor to update his cost to
maintain the entire roadway and it turned out to be lower ($5,400.00).
The health department requirement amounted to installing a vault and two (2) valves enabling us to test
the water main for leaks.
With all of these items the cost savings amounts to: $54,774.60
RESOLUTION NO 10-09
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, PALM BEACH COUNTY, FLORIDA, APPROVING A
PROPOSAL FROM UTILITY SERVICES AUTHORITY, LLC, OF
BELLEVILLE, MICHIGAN, FOR THE TEQUESTA DRIVE BRIDGE
UTILITY RELOCATION IN THE AMOUNT OF $745,398.35 ALLOCATED
AS FOLLOWS:
VILLAGE OF TEQUESTA'S PORTION
CAPITAL IMPROVEMENT FUND #301 $150,117.00
WATER UTILITY FUND #401 $284.489.00
$434,606.00
LOXAHATCHEE RIVER DISTRICT'S PORTION
WATER UTILITY FUND #401, A/R $310,793.00
TOTAL CONTRACT: $745,399.00
AND APPROPRIATING ADDITIONAL FUND BALANCE AS FOLLOWS:
CAPITAL IMPROVEMENT FUND #301 $150,117.00
WATER UTILITY FUND #401 $159,489.00
$309,606.00
AND AUTHORIZING THE VILLAGE MANAGER TO EXECUTE ON
BEHALF OF THE VILLAGE.
WHEREAS, The Village of Tequesta's portion is $434,606 with $150,117.00 of
funding coming from Fund # 301, Capital Improvements and $284,489.00 coming
from Fund # 401, Water Utility.
WHEREAS, The Village Council has budgeted $0.00 for this project in the Fiscal
Year 2008/2009 Fund #301-Capital Improvements budget and needs to
appropriate additional Fund Balance in the amount of $150,117.00.
WHEREAS, The Village Council has budgeted $125,000.00 for this project in the
Fiscal Year 2008/2009 Fund #401-Water Utility budget and needs to appropriate
additional Fund Balance in the amount of $159,489.00.
WHEREAS, The balance of $310,793.00 is being funded by the Loxahatchee
River District.
WHEREAS, The Tequesta Bridge is being rebuilt and all pipelines have to be
removed from the bridge prior to construction.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:
Section 1 Proposal for this project attached exhibit "A"
Section 2 Interlocal Agreement for this project attached exhibit "B"
Section 3 Resolution No. is hereby approved
Section 4 This Resolution shall become effective immediately upon passage.
The foregoing Resolution was offered by ,who
moved its adoption. The motion was seconded by ,
and upon being put to a vote, the vote was as follows:
For Adoption Against Adoption
MAYOR PATRICIA WATKINS
VICE-MAYOR CALVIN TURNQUEST
COUNCILMEMBER VINCE ARENA
COUNCILMEMBER JIM HUMPAGE
COUNCILMEMBER THOMAS PATERNO
The Mayor thereupon declared the Resolution duly passed and adopted this
27TH day of MARCH .2009.
MAYOR OF TEQUESTA
Pat Watkins
ATTEST:
Lori McWilliams, CMC
Village Clerk
2
FISCAL YEAR 2009
BA #
Increase:
Village of Tequesta
Budget Amendment Request JE #
Department: Tequesta Bridge Project Account: Construction-Pipeline Account #: 301-337-662.641
Original Budget Appropriated to Date Appropriation Request New Appropriation to Date
$ 0.00 $ 0.00 $ 150,117.00 $ 150,117.00
Justification /Comments: Funding for relocation of AT&T Comcast and FP&L lines from the Tequesta Drive Brid a to under
the Loxahatchee River via directional boring.
Department: Capital Expansion Proj's Account: Contruction-Pipeline Account #: 401-414-662.641
Original Budget Appropriated to Date Appropriation Request New Appropriation to Date
$ 125,000.00 $ 84,450.00 $ 159,489.00 $ 243,939.00
Justification /Comments: Funding for relocation of water main and force main lines from the Tequesta Drive Brid a to under
the Loxahatchee River via directional borin .
Department: Account: Account #:
Original Budget Appropriated to Date Appropriation Request New Appropriation to Date
$ 0.00 $ 0.00 $ 0.00 $ 0.00
Justification /Comments:
Department: Account: Account #:
Original Budget Appropriated to Date Appropriation Request New Appropriation to Date
$ 0.00 $ 0.00 $ 0.00 $ 0.00
Justification /Comments:
Increase:
Department: Other/Reserves/Contingency Account: Appropriate Fund Balance Account #: 301-990-399.999
Original Budget Appropriated to Date Appropriation Request New Appropriation to Date
$ 0.00 $ 253,571.00 $ 150,117.00 $ 403,688.00
Justification /Comments: Funding for relocation of AT&T, Comcast and FP&L lines from the Tequesta Drive Bridge to under
the Loxahatchee River via directional boring.
Department: Other/Reserves/Contingency Account: Appropriate Fund Balance Account #: 401-990-399.999
Original Budget Appropriated to Date Appropriation Request New Appropriation to Date
$ 0.00 $ 186,272.00 $ 159,489.00 $ 345,761.00
Justification /Comments: Funding for relocation of water main and force main lines from the Tequesta D rive Brid a to under
the Loxahatchee River via directional borin .
Department: Account: Account #:
Original Budget Appropriated to Date Appropriation Request New Appropriation to Date
$ 0.00 $ 0.00 $ 0.00 $ 0.00
Justification /Comments:
Department: Account: Account #:
Original Budget Appropriated to Date Appropriation Request New Appropriation to Date
$ 0.00 $ 0.00 $ 0.00 $ 0.00
Justification /Comments:
Approvals:
Department Head: Date:
Finance Approval: Date:
Village Manager Approval: Date:
Village Council Approval: Resolution Number Date:
PROPOSAL
TO: VILLAGE OF TEQUESTA
P.O. BOX 3273
357 TEQUESTA DRIVE
_ TEQUESTA, FLORIDA 33469
_ FROM:
JT~ y ~~ ~E~Vj CAS 1'yv2~ T~ PLC..
~t?t~ ! _Sc~t7N~ p2f vF
(Hereinafter referred to as
Gentlemen:
The undersigned, as Bidder, proposes to fumish all labor, materials, equipment, services, and
incidentals necessary to perform all work in accordance with the Contract Documents entitled: Village
of Tequesta, Tequesta Drive Bridge Utility Relocates.
~ ri. G Gt r~ ~.cr-ZLo ...
Bidder has also received addenda numbers ,L through Z ,and has included their provisions in this
proposal. Bidder now submits the following and hereby agrees:
1. The only person(s) interested in this bid, or Agreement, as prindpal are named herein; that the
bid is made without connection with any other person, company, or parties making a bid; and
that it is in all respects fair and in good faith without collusion or fraud, or other illegal practices.
2. To hold Bid open until an Agreement has been executed between the Village and the
accepted Bidder, or until ninety (80) calendar days after the bid opening date, whichever
is shorter.
3. To enter into and execute an Agreement on the basis of this Proposal, within twenty (20)
calendar days after the notice of award of the Contract is issued. To fumish the 100°k
Performance Bond and 100% Payment Bond in accordance with the Contract Documents.
Failure to execute the Contract and fumish said Bonds within twenty (20) days shall cause bid
security to be forfeited, not as penalty, but as fixed and liquidated damages for costs and
expenses incurred, payable into the funds of the Vllage.
4. To start work within ten (10) calendar days of the Date of Commencement as established in the
Notice to Proceed. Work shall be completed within the number of calendar days spedfied in
Article 3 of the Construction Agreement.
5. In the event of multiplication, addition, or clerical errors on the Proposal Forms, the Village may
correct these errors to clarify the Bids. The information which results in the lowest cost utilized
to the ~Ilage will be considered correct, and therefore
P-1 WF143000
VILLAGE OF TEQUESTA
TEQUESTA DRIVE BRIDGE
UTILITY RELOCATION
I INIT DI?tf'`C aln cnu~n. u ~
---- .+ vv.~LYVLG
Item Na.
Descri n Estimated
Qua Unit Unit
Price Estimated
Amount
WATER MAI N RELOCATION
1
12-inch DR 9 HDPE Directional
2 ~re
Four (4) 3-inch DR 9 HDPE 7so LF L1. y3 t3t 4L4
Conduits (Pulled with 12-inch DR
3 9 HDPE 790 LF . 21 . ~,
Two (2) 6-inch FPL Conduits
Dir~ecxional Bore 595 LF 13~ $0 1
3S
4 . .
1Q-inch DI Pi 420 LF G.'b 3Zv
'°
5 &inch DI Pi 80 LF .
•-
6 10-inch RSGV 1 EA Z ~ .b ,.,
7
8 8-inch RSGV 1 EA o 1 '~ 41 Z. `'
DI Fittin 2350 LBS (
0 1 ~.
9 o,
8-inch Tie-in 1 EA °~
10 10-inch Tie-in 2 EA Z ,• •r,
11 Sam le Points 4 EA 616
y "'
2
12 . w
13 Water Maln ARV 3 EA p to.• tZ a •-
As alt Cut Re it 110 SY 43 S So
14 Concrete Sidewalk 600 LF S 1. So on •r
15 2" HDPE Water Service 1 EA go ZS S
?
16 Bahia Sod 1980 SY qS .
1
"'
17 Ro Palms RelocateJRelnstall 5 EA sp,~ ,
t o
Maintenance of Traffic Water
18 Main 1 LS •~
19 FPL Direct Bury 60 LF (,~ (,~, qu
WATER MAIN RELOCATION SUB-TOTAL
FORCE MAIN RELOCATION 'fA 6aS. o
1 18-INCH DR 9 HDPE Directional
2 Bore 875 LF Z z (,~
16-inch DI PI 60 LF . '~• S •w
3 DI Fittin 1675 LBS to "n ~ ~
4 Tapping Sleeve and 16-Inch Plug
Valve 2 EA (, 54.3
5 Disconnect Existin Force Main 2 EA Z oD.+ p~j w.
6
7 Force Main ARV 2 EA t Z ` Z- ti
Concrete Sidewalk 175 LF '1.so 0U 2. Sa
8 Bahfa Sod 800 SY ~ --
9 Ro al Palms Rekicate/Reinstall 3 EA o
'" • 'r
Maintenance of Traffic Force . a
10 Main 1 LS S Zo •• 3 zo ~•
FORCE MAIN RELOCATION S UB-TOTAL
io "143. Z
WATER MAIN AND FORCE MAIN RELOCATION TOTAL
-14s 9$
P-2 WF143000
VILLAGE OF TEQUESTA
TEQUESTA DRIVE BRIDGE
UTILITY RELOCATION
UNIT PRICE BID SCHEDULE
ALTERNATE BID ITEMS
Item No. '
Descri ion Estimated
Quanti
Unit Unit
Price Estimated
Amount
WATER MAIN RELOCATION
1 12-inch DR11 HDPE
Directional Bore
790
LF
6 5 23
0 0
FORCE MAIN RELOCATION
1 1&inch DR11 HDPE
Directional Bore
875
LF
37
Zo
P-3 WF143000
The following is a complete list of the subcontractors to be used if the undersigned is awarded
the Contract for this project. The subcontractors performing more than $25000 work (equipment and
labor) on this project must be listed below. Subcontractors named below may not be changed by the
Contractor. The Owner may request a change under the terms of applicable sections of the General
Conditions.
Type of Work Name and Address of Subcontractor
MRQ.~v~E o~oy~s-S- E Vc,~. ~ohs.,IT~~ts
'ZnQ~ ~ Sf , 6 GEA.~. ~-~D STg. Z
ST~~~- Fl. ~~qab
Dated this ~_ day of 2~
( onth) (ear) '
Contractor. V T.~ ~l'4 S fcewc ~ c A„rt~e~-j~
CORPORATE Address: r ~ S~ s~ ~~3 P.~ Ste. ~.,~~~~
SEAL f ~ ~~ ~
~,..
By: ~ qtr ~..~ F,a--
Title:
P-4 WF143000
TRENCH SAFETY ACT
(90-96, Laws of Florida)
Bidder adcnowleges that included in the appropriate bid items of the proposal and in the Total
Bid Price are costs for complying with the Florida Trench Safety Act (90-96, Laws of Florida)
effective October 1, 1990. The bidder further identifies the costs of such compliance to be
summarized below:
Trench Safety Unit of
Measure Measure Unit Unit Extended
~Descriotion) LF/SF uanti Cost Cost
A• 'C-¢E~~.kl Giox ~*-+~R- DEp~ ovE~ 5' rte,
B. H-A~~
(}Ats Fug ~-~E 41 ~N- Pw~p AGF~nw~ '~6N~IF
C. ~E~wl1AT~,Q~w•J AS NE~DEp ~r-
~~~ 65 W f 41 ~-T~ ~ ~~. T{f~ w
D.
TOTAL ~ SOoo . °~
If applicable, the Contractor certifies that all trench excavation done within his control in excess
of five feet in depth shall be in accordance with the Florida Department of Transportation's
Special Provisions Article 125-1 and Sub-article 125-4.1 (TRENCH EXCAVATION SAFETY
SYSTEM AND SHORING, SPECIAL-TRENCH EXCAVATION).
Failure to complete the above may result in the bid being declared non-responsive.
Contractor agrees that the above safety compliances and costs are included in his bid package.
.~..
Signature of Bidding Contractor
TSA-1 WF143000
~I~7=~~1i1!~
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
HARTFORD, CONNECTICUT 06183
KNOW ALL MEN BY THESE PRESENTS,
That we, Utility Services Authority LLC, 6001 Schooner ,Belleville , M148112
as Principal hereinafter called the Principal and TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, of
Hartford, Connecticut, a corporation duly organized under the laws of the State of Connecticut, as Surety, hereinafter
called the Surety, are held and firmly bound unto Village of Tequesta, 136 Bridge Road, Tequesta, FL 33469
as Obligee, hereinafter called the Obligee, in the sum of Five Percent of Accompanying Bid ------------
($ 5% )for the payment of which sum well and truly to be made, the said Principal and the said Surety,
bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally firmly by these
presents.
WHEREAS, the Principal has submitted a bid for Tequesta Drive Bridge Utility Relocation
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with
the Obligee, in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or
Contract Documents with good and sufficient surety for the faithful performance of such contract and for the prompt
payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter
such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the
penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith
contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to
remain in full force and effect.
Signed and sealed this 23rd day of February, 2009
fitness} tility Se ices Auth ity LLC (Principal) (Seal)
.--
(Title)
TRAVELERS SUALTY TY COMPANY OF AMERICA
G
By
Ste en K. Brandon, =ifi-tr=act
Printed in cooperation with the American Institute of Architects (AtA) by Travelers Casualty and Surety Company of America. The
language in this document conforms exactly to the language used in AIA Document A310, February 1970 edition.
S-1869-G (07-97)
WARNING: THIS POWER OF AI tUHNtY i~ uVVAUU wi i ttuu i i nt rrtu ewnucn
.A POWER OF ATTORNEY
rRAIOELERS ~ Farmington Casualty Company St. Paul Guardian Insurance Company
Fidelity and Guaranty Insurance Company St. Paul Mercury Insurance Company
Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company
Seaboard Surety Company Travelers Casualty and Surety Company of America
St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company
Attorney-lin Fact No. 215736
Certificate No. O U L~ '+ 6~ O J
KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, that St. Paul
Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws
of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and'IYavelers Casualty and Surety Company of America are
corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the
laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and
Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that
the Companies do hereby make, constitute and appoint
John L. Budde, Steven K. Brattdon, Susan L. Belloli, T. J. Griffin, Terence J. Griffin, Terri L. Young, and William A. PitTet
of the City of Farmington Hilic ,State of Michigan ,their true and lawful Attorney(s)-in-Fact,
each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and
other writings obligatory in the nature thereof on behalf of the Companies in their business of.,guaranteeing the fidelity of persons, guaranteeing the performance of
contracts and executing or guaranteeing bonds and undertakings required or p~er~'t>in aq~ons o ~ceedings allowed by law.
IN WTI'NESS WI~REOF, the Companies have caused tbis ins ~ to`be si,~ne8~nd thtfi~'c~ rate seals to be hereto affixed, this 9th
day of October , 2007 Y ~ vk `~
Farmington Casualty n F..-~~sf .,~~;'.~ ~
Fidelity and Guaranty :. `(ipmpa
Fidelity and Guaranty nderw~ers, Inc.
Seaboard Surety Company
St. Paul Firere and Marine Insurance Company
St. Paul Guardian Insurance Company
St. Paul Mercury Insurance Company
ltavelers Casualty and Surety Company
TY~avelers Casualty and Surety Company of America
United States Fidelity and Guaranty Company
G1.6U.~~ err yf\ .4 ~ ~*M ~NSG p., INE4q 'LS7 Aryo ~p~ ~~
db O Z ~l~ S+ 927 t 1D~ ! 1~ ~ i WIii1POHG'~` ~~ t~6
'~y` .~'' bC 1951 ~ ,~ ~yz ~ '`.L~d ° vSBEL a ~OFb'
State of Connecticut
City of Hartford ss.
By:
Georg Thompson, 'or tce President
On this the 9t11 day of October 2007 ,before me personally appeared George W. Thompson, who acknowledged himself
to be the Senior vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc.,
Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers
Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being
authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
G.TET
In Witness Whereof" T hereunto su my hand and official seal. ~ TAR
My Commission expires the 30th day of June, 2011. ~ p~~,p #
Marie C. Tetreault, Notary Public
58440-5-07 Printed in U.S.A.
Dean, Kristopher
From: Jim Niemchak [jiemchak@usallc.net]
Sent: Monday, March 09, 200910:47 AM
To: Dean, Kristopher
Cc: Chris Lamb
Subject: FW: Village of Tequesta Tequesta Drive Bridge Utility Relocation
Attachments: image001.jpg; image002.png; isolation vlv mh.pdf
Kris
Regarding request for quote.
1. Are you looking for additional cost if the Village will not supply the portable traffic device? Please clarify.
2. Cost for Man Hole with gate valve as referenced in attached drawing is $6,525.00 Each.
Thanks Jim Niemchak
~~
.....M.....~....~.
Utility Services Authority
332 1~(W MEBCAlITILE ILL
SUITE II3
pOBT ST. LUCIE, FL. 34986
772-344-9339 e~ce
772-344-8340 fax
313.5e5-481 i erll
fniemchak@ usollc. net
FL.Lic.-Q847558-CGC1511133-CUC1224212
AL. Lic. 5-43119
AR. Lic. 0196630409
MS. Lic.16896
From: Chris Lamb
Sent: Thursday, March 05, 2009 4:02 PM
To: Jim Niemchak
Subject: FW: Village of Tequesta Tequesta Drive Bridge Utility Relocation
Thanks Chris Lamb
.~.~
Utility Services Authority
33Z NW MEBCANTILE I'L
Dean, Kristopher
From: Jim Niemchak [jiemchak@usalic.net]
Sent: Wednesday, March 11, 2009 4:01 PM
To: Dean, Kristopher
Cc: Chris Lamb
Subject: RE: Village of Tequesta Tequesta Drive Bridge Utility Relocation
Attachments: image001.png; image002.jpg; image003.png
Kris
RE: MOT Allocation
We will be allocating $5,400.00 for the water main, and 6" FPL lines (North Side) and $5,400.00 for the force main (South
Side) If you have any other questions please call.
Thanks Jim Niemchak
Utility Services Authority
532 1lfW MEBCAI~TILE pL
BVITE II3
pOBT 5T. LVCIE, FL. 34956
7T1-344-9338 ®iGee
772.344-8340 laa
313-SBS-4816 cell
jniemchak@ usollc. net
FL.Lic.-Q847558-CGL2511133-CUC1224212
AL.Ltc. 5-43119
AR. Lic. 0196630409
Ms. Lic.16896
From: Tim Niemchak
Sent: Monday, March 09, 2009 3:08 PM
To: 'Dean, Kristopher'
Cc: Chris Lamb
Subject: RE: Village of Tequesta Tequesta Drive Bridge Utility Relocation
Kris
Referencing temporary traffic signals Utility Service Authority will have a cost increase of $10.800.00 for using other
approved forms of MOT other than temporary signals. If you have any other questions give us a call.
Thanks Jim Niemchak
~J~
Page 1 of 2
Chris Lamb
From: Chris Lamb
Sent: Friday, February 27, 2009 1:19 PM
To: 'Walker, Diana'; 'kdean@arcadis-us.com'
Cc: rwhite@tequesta.org; Paul@loxahatcheeriver.org
Subject: RE:
Attachments: 7035 Completed Large Drill Projects.xls; 7035-0310 Tequesta Qual Info 2-26-09.doc;
SCAN 1878_OOO.pdf
Kris,
Attached is the information you requested ,I will forward you a hard copy today
If you have any more questions feel free to email, fax, or call me
Utility Services Authority
532 NW MERCANTILE I'L
SVITE II3
PORT ST. LUCIE, FL. 34986
772-344-9339 office
772-344-9340 fax
313-350-1053 cell
~fan~~i_u~~l_Ic. riot
FL. Q64755 -GC 1511133-CUC 1224212
AL 5-43119
AR. 0196630409
MS. 16896
From: Walker, Diana [mailto:Diana.Walker@arcadis-us.com]
Sent: Wednesday, February 25, 2009 1:33 PM
To: Chris Lamb
Cc: rwhite@tequesta.org; Paul@loxahatcheeriver.org
Subject:
Please find attached document from Kris Dean. A hard copy will follow via US Mail.
Thank you.
ARCADIS
Diana Walker
Project Assistant
2081 Vista Parkway
2/27/2009
Page 2 of 2
West Palm Beach, FL 33411
Tel 561.697.7000
Direct 561.697.7064
Fax 561.697.7751
diana.walker@arcadis-us.com
v__v~~~v: ~r__c_~~~s-u~<er3t~t
ARCADIS, Imagine the result
NOTICE: This a-mail and any files transmitted with it are the property of ARCADIS U.S., Inc.
and its affiliates. All rights, including without limitation copyright, are reserved. The proprietary
information contained in this a-mail message, and any files transmitted with it, is intended for
the use of the recipient(s) named above. If the reader of this a-mail is not the intended
recipient, you are hereby notified that you have received this a-mail in error and that any
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If you have received this a-mail in error, please notify the sender immediately and delete the
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transmitted with it is prohibited and disclaimed by ARCADIS U.S., Inc. and its affiliates.
2/27/2009
February 26, 2009
Arcadis RMA, Inc
Attn: Kris Dean
2081 Vista Parkway
West Palm Beach, FL 33411
RE: Village of Tequesta - Tequesta Drive Utility Relocate
USA Project No. 7035-0310
Kris Dean,
Thank you for considering Utility Services Authority, LLC "USA" for the project mentioned
above. Please review the following information requested in your letter dated February 25, 2009.
1. List of qualifying projects
a. Please see attached list of projects
2. Directional bore guidance system
a. Please see attached specifications for TruTracker /Tensor Probe Guidance System
3. USA confirms that it will perform a separate bore for the FPL conduits, and that bore will
stay with a minimum three feet of separation. This is obtainable due to our vast experience
and accurate guidance system.
4. USA has reviewed the plans and feels design is constructible as drawn with the tight ROW
and clearances.
a. USA would recommend changing elevations of the FPL conduit to approximately
-28, the current elevation of the water main, and moving the elevation of the water
main to -35. This would lesson potential conflict at wing wall and ROW area due
to the tight window. This would allow a situation where the water main and FPL
conduit would never cross creating less risk The bore lengths and cost would
remain the same.
5. USA has made numerous bores such as the bores drawn on the plans. Compound radius
drill shots are very common. We feel confident the plans are constructable.
If you have any questions or concerns you can reach me in the office at (313) 350-1053
Thank you ~
~%~'~
Chris
Project Manager
6001 SCHOONER DR. • PO BOX 910 • BELLEVILLE, MI 48112
PHONE: (734) 481-0872 • FAX: (734) 482-1505
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Sharewell's TruTracker'' System
provides an accurate determination
of the location of the drill bit during
drilling operations, even in areas of
magnetic interference.
This precise location of the .drill
bit is independent of the driller's
survey calculations. Information
provided is not affected by limited
amounts of outside magnetic
interference.
TruTracker is designed for
application in pipeline river-crossing
drillings, utility drillings and
environmental drillings. It is used
in conjunction with Sharewell's
downhole Magnetic Guidance
System. TruTracker is a surface
monitoring and signal-inducing
system which communicates with
the downhole probe to determine
its position.
The TruTracker System allows
the driller to operate with known
positions and remain on course in
areas which previously had to be
drilled "blindly"
Boring with critical exits can now
be performed with confidence when
using the TruTracker System.
" ~~I~CCg~tIF`~t~t ~I ~~I~I~tY
EQUEPMENT REQUIRED:
•Magnetic Guidance Probe (MGS) and Interface, Computer, Printer and Software
•Current Control Box
•Sufficient Wire to Construct Coils (AWG #6 or #8 depending on depth and
length of coils), tape measure and stakes
•Two-way Radio
•Means to Determine Elevazon (Can be read off section plot, if accurate)
•D.C. Power Source (DC we'der is suitable)
ACCURACY:
•TruTracker is accurate ±2~%a of the vertical depth of the borehole
DEPTH CAPABILRY:
•TruTracker can opera#e at depths in excess of 100 ft. with the above equipment
VERSATILITY:
•TruTracker is extremely versatile and will allow tracking of the entire bore path or
any section of the bore path deemed critical. It is able to perform effectively in
the proximity of ferrous materials.
OPERATION OF THE SYSTEM:
•TruTracker operation is fas# and simple having previously entered the surface coil
information into the operating program. Results are printed so immediate drilling
decisions can be made and copy re#ained for customer records.
O
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Share~re//
- _ _ _ Directional Drilling Systems
10543 Fisher Raad • Houston, Texas 77041 • Phone: 713-983-9818 • Fax: 713-983-9820 • Toll Free: 800-637-6461
Sharewell Europe • Zuiderkad 25a • 1948 NG Beverwijk • The Netherlands • Phone: ++31-251-271790 • Fax: ++31-251-271064
TENSOR PROBE .
USA uses a downhole deviation recorder manufactured by Tensor
Corporation. This probe has been used for the last 40 years drilling deviated
holes in the oil fields around the world. It has been used exclusively in the HDD
business since its inception and still is the dominant design in directional drilling.
The probe consists of a beryl tube containing 4 magnetometers and 4
accelerometers located behind the drill head. The magnetometers read the
earth's latitudinal and longitudinal vectors, horizontal deviation from the azimuth,
while the accelerometers read the force of gravity on the probe or depth.
Together these readings allow the computer to track the drill head by
means of a power/communication wire run from the probe back to the drill rig
and record it's position of x, y and z coordinates. Once known where the drill
head is located, the driller can make adjustments by reorienting the downhole
assembly to correct the path.
USA, Inc. uses a patented process to check the accuracy of the probe and
override any magnetic anomalies encountered while drilling. This process is
known as TRUTRACKER and is in itself a tracking device. Thus when possible
redundant tracking processes will be used.
TRUTRACKER
TruTracker is a steering tool locator technique, which is proprietary to and
patented by Tensor, Inc. It is used as a redundant means of locating the steering
probe because magnetic interference and residual instrument errors will cause
calculated closures of the steering tool to be inaccurate. A magnetic field with
known intensity is created from current flowing through a properly surveyed and
placed wire coil. With geometry modeled to work in conjunction with the probe
beneath it. The probe is positioned at the given away co-ordinate and the
modeled values match the measured values resulting in the right, left and
elevation closures of the probe.
COIL LAYOUT
The coil should be laid out using sufficient gage wire to allow a radial
intensity of 2000 to 5000 gamma units. The higher the intensity, the more
accurate the closure. If a coil uses 1000 to 2000 feet of wire, AWG 4 wire is
recommended. If it uses 1000 feet or less, AWG 6 wire is recommended. AWG 8
wire is adequate if the coil is 500 feet or less in length or the vertical depth is
shallow, less than 40 ft. Multiple strands of wire can be used if more current is
needed- Congested areas and areas with existing electrical currents require
maximum radial intensity for accuracy. Corners should be established at any
change in direction of the wire, horizontally or vertically. A bore can have
numerous coils but is limited to 256 corners. Keeping the number of corners to
practical minimum increases coil accuracy thus TruTracker accuracy.
The coil should be at least as wide as the depth to the probe as it is
advanced along the drill path. The width search area of the coil is three times the
width of the coil. The accuracy of TruTrack is +/- 2% of the depth and distance
of the probe from the coil. As the probe depth decreases the coil is narrowed,
increasing the accuracy.
Coil corners are entered by imputing the "right" coordinate, the "away"
coordinate and the "elevation" coordinate. Corners are perpendicular to the base
line and use the connected away distance points as the base line. Corners left of
the established line are designated by a negative number. The first corner is
numbered #1 with the remainder of the corners moving clockwise around the
coil. In a curved crossing, corners are perpendicular to the path at each corners'
specific away co-ordinate.
TAKING A SURVEY
With the probe stationary a DC current source applies forward current
(positive polarity) to the coil. When the current reading stabilizes on a multi-
meter the current value is entered in the computer as a positive value. When
prompted by the software to reverse the current, a reverse current (negative
polarity) is induced and a negative value is entered in the computer. Once the
software has accepted the data and searches for closure the power source is
removed from the coil. If more than one survey is accepted they will be
averaged by the software. Repeats will result in more accurate closures. At least
one repeat is recommended on every TruTrack survey.
Problems or fallacies with a TruTrack survey can be caused by the probe
being outside the coil, the wrong coil being designated as active, the coil
improperly surveyed, improper recorded corners, inaccurately measured current,
a fluctuating DC source or the current measurement unit improperly connected.
OVERVIEW
TruTrack is an excellent locating system used as a secondary means to of
locating and tracking the probe. The system is only as accurate as the land
survey and data input. Users should be familiar with TruTrack parameters and
criteria, topographic surveying techniques and have the ability and experience to
troubleshoot TruTrack problems. No one should use TruTrack without a current
license agreement with Tensor.
BID BOND
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
HARTFORD, CONNECTICUT 06183
KNOW ALL MEN SY THESE PRESENTS,
That we, Utility Services Authority LLC, 6001 Schooner ,Belleville , MI 48112
as Principal hereinafter called the Principal and TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, of
Hartford, Connecticut, a corporation duly organized under the laws of the State of Connecticut, as Surety, hereinafter
called the Surety, are held and firmly bound unto Village of Tequesta, 136 Bridge Road, Tequesta, FL 33469
as Obligee, hereinafter called the Obligee, in the sum of Five Percent of Accompanying Bid ---------------
(~ 5% )for the payment of which sum well and truly to be made, the said Principal and the said Surety,
bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally firmly by these
presents.
WHEREAS, the Principal has submitted a bid for Tequesta Drive Bridge Utility Relocation
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with
the Obligee, in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or
Contract Documents with good and sufficient surety for the faithful performance of such contract and for the prompt
payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter
such Contract and give such bond or bands, if the Principal shall pay to the Obligee the difference not to exceed the
penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith
contract with another party to perform the Work covered by said bid, then this obligation shalt be null and void, otherwise to
remain in full force and effect.
Signed and sealed this 23rd day of February, 2009
1 fitness) tility Se Auth rity LLC (Principal) (Seal)
(Title)
TRAVELERS St1ALTY TY COMPANY OF;,MERIC:A
B ~ __
Y
Ste en K. Brandon, , =ih-pact
Printed in cooperation with the American Institute of Architects {AIA} by Travelers Casualty and Surety Company of America. The
language in this document conforms exactly to the language used in AIA Document A310, February 1970 edition.
S-1869-G {07-97)
THIS POWER OF
TRAVELERS
POWER OF ATTORNEY
Farmington Casualty Company
Fidelity and Guaranty Insurance Company
Fidelity and Guaranty Insurance Underwriters, Inc.
Seaboard Surety Company
St. Paul Fire and Marine Insurance Company
Attorney-In Fact No. 215736
St. Paul Guardian Insurance Company
St. Paul Mercury Insurance Company
Travelers Casualty and Surety Company
Travelers Casualty and Surety Company of America
United States Fidelity and Guaranty Company
Certificate No. 0 0 2 7 4 6 9 8
KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, that St. Paul
Fire and Marine Insurance Company, St. Paul Guazdian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws
of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are
corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaanty Company is a corporation duly organized under the
laws of the State of Maryland, that Fidelity and Guazanty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and
Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that
the Companies do hereby make, constitute and appoint
John L. Budde, Steven K. Brandon, Susan L. Belloli, T. J. Griffin, Terence J. Griffin, Tern L. Young, and William A. Pirret
of the City of Fa~rminQtnn Hillc ,State of Michigan ,their true and lawful Attorney(s)-in-Fact,
each in their sepazate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and
other writings obligatory in the nature thereof on behalf of the Companies in their .business of guazanteeing the fidelity of persons, guazanteeing the performance of
contracts and executing or guaranteeing bonds and undertakings required or permittedin any actions or proceedings allowed by law.
IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this
day of October 2007
Farmington Casualty Cq~ipauy
Fidelity and Guaranty')Insurance Company
Fidelity and Guaranty Insu~ice Underwriters, Inc.
Seaboard Surety Company
St. Paul Fire and Marine Insurance Company
9th
St. Paul Guardian Insurance Company
St. Paul Mercury Insurance Company
Travelers Casualty and Surety Company
Travelers Casualty and Surety Company of America
United States Fidelity and Guaranty Company
O?GP.Uq~'` ^~j ~yy~,~ S^1~TY 'yF\RE6y'' 'OpONYOR S`q7 4JPY•INSUgq~C 4p•J,,~1Y AIy00`9 113 -'~9 „pp-+••~
:C 6 0
~ D ~ ~a/ / Q ".'^"TMNitO LZ7 z ~!- ~ q)t?~1 1 .i~pRP~RAT~:::1~ ,e ~ ~`l
~ t 9 8 2 o I8k' m s t ~ s~ w1RfFONO~ ~MRIPOIp.~ <~
195 m ~{.SEAT. o ~' SSbLri ;, ~• ~' ot~+. t T t~
6 a q~, ,t ~ ~a• e , ~ ~~F yO
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y • ~ ~fk't~ xnuco 1S . AN'~ 1S•..m...*`~ `i ~ nHy A111
State of Connecticut By:
City of Hartford ss. Georg Thompson, enior ice President
On this the 9th day of October 2007 ,before me personally appeared George W. Thompson, who acknowledged himself
to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc.,
Seaboazd Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guazdian Insurance Company, St. Paul Mercury Insurance Company, Travelers
Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being
authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
~p,TET
In Witness Whereof, I hereunto set my hand and official seal. * A
My Commission expires the 30th day of June, 2011. * pIIBL~~+
`('(~ c~n~- C . ~
Marie C. Tetreault, Notary Public
58440-5-07 Printed in U.S.A.
INTERI.OCAL AGREEIVIENT
BETWEEN THE VILLAGE OF TEQUESTA
AND
THE LCIXAHA"I'CH:EE R~V.ER ENVIRONI~IENTAL CONTROL DISTRICT
FOR THE JUIItitT PRI3JECT PARTIC.;IPATION IN CONSTRUCTION
{}F TIIE TEQUESTA DRIVE BRIDGE FORCE MArN REPL~iCEMENT
THIS AGREEMENT, here..inaf~er referred to as the AGREEMEN'T', made and entered
into this ~ _~_ day of ~ ~ , ~~ ~ by and between. the
VILLAGE OF' TEC,~CJESTA, apolitical subdivision in the State of.':Florida, hereinafter referred
to as the "VILLAGE" and. the LOXAHATCHEE RIVER ENVIRONMENTAL CONTROL
DISTRICT, hereinafter referred to as "LRD",
WTTN.F.,SSETH;
WHEREAS, the VILLAGE and 'LRD are authorized to enter into this TNTERLOCAL
AGREEMENT (the "AI,n-eement"} pursuant to Section 1.63.01, .Fd~rida Statutes, as amended,
which permits local gavern.mental units to rrxalce the mast efficient use of their powers by
enabling them to cooperate with other localities on a basis of mutual advantage; and
WHEREAS,. the VILLAGE has caused. to he prepared rand. and bridge construction plans
and specifications for the replacement of the Tequesta Drive bridge, hereinafter referred. to as
VILLAGE WOR.K.; and
WI-TEREAS, I~RD desires tlsat a sanitary sewer force main replacement be installed at the
same time as tl.~e VILLAGE WORK, under plans prepared by ~ &~ dated ~~~, hereinafter
referred to as LRD'S WORK; and
WT-TEREAS, the VILLAGE and I,RD declare That it is in the public's interest. to construct
LRD'S WORK with the VILLAGE'S WORK. under one contract,. hereinafter referred to as the
PROJECT;
NOW, THEREFORE, far and in consideration,af the mutual covenants contained herein,
the receipt a17d sufficiency ofwhch is hereby acknowledged, the VILLAGE and. LRT7 do hereby
agree as fc~llaws;
1. The recitals set Earth above are hereby adapted and. incorporated herein by this
reference.
2. The VILLAGE agrees to:
A. Select and. enter into a contract. for the PROJECT with the lowest
responsive, responsible bidder according to the VILLAGE'S procurement
procedures. However, prior to the award of the Contract, the VILLAGE
shall advise LRD in writing, via certified mail, of the proposed award far
its consideration. anal approval of LRD'S V+,7ORK. If LRD approval is
withhold, LRD must notify the VILLAGE within 10 days after receipt of
the notifications of theproposed. award.
B. Obtain written concurrence from LR.D far payment of all Change Orders
and Contractor pay applications, related to the construction of LRD'S
WORK; which response shall be provided within ten (IO) days after
notification by the Village.
3. LRD agrees to reimburse the V~L~~GE for the construction of LRD'S WORK,
inn t11e bid amount of ~ ~'~ ~~ E nn Attachment "A" of this document. LRD
shall have 3f} days after receipt of the VILLAGE'S invoice to submit payment to
the VILLAGE.
4. All provisions of this AGREEMENT calling for the expenditure of ad valorem tax
money by either the VILIaAGF., or I.>RD are subject to annual budgetary handing
and should either party izavoluntarily fail to fund any of their respective obligation
pursuant to the AGREEMENT, the AGREEMENT maybe terminated.. However,
once the. construction contract. has comrtaenced, it shall be prosecuted to
completion. and this AGREEMENT shall be binding upon. the parties and neither
party snail have the right to terminate the subject AG.R.EEMENT for the reason
that sufficient funds are not available for the construction. contract.
5. The VILLAGE shall notify LRD, in writing, of any change orders which niter the
cost attributable to the construction of LRD'S WORK to an amount greater than
the contract amount as stated in Paragraph 3 of dais AGREEMENT. LRD shall
have l0 days to provide the VILLAGE with. written notice of its approval or
disapproval of the change order. LRD approval is not to be unduly withheld.
Any delay cost associated with LRD'S failure to xes-pond in writing, within the
proscribed number of days set forth above, shall be the responsibility of LRD.
6. In the eveaat that additional work and funding are required, the additional cost
attributable to said. construction. of LRD'S WORK of this PROJECT, as outlined
in the specifications far the project, is the responsibility of LRD, unless such
additional work is caused by the VILLAGE, in which case such. additional cost
shall be borne by the VILLAGE.. In the evezat of an under run attributable to said
construction of LRD'S portion. of the work, as outlined in the specifications, LRD
will be credited the excess amount,
7. Casts shall be adjusted upon actual. contract costs at cornpletiotn of the project
using contract unit prices and actual constructed quantities, said quantities being
measured by the Village Engineering Department and LRD, LRD shall provide
payment o~r anyr additional funds within 3~ days of receipt of official notice from
the VILLAGE.
2
8. LRD shall indemnify, defend, and hold harmless the VILLAGE against any
actions, claims, or damages arising out of LRD'S negligence in connection with
this AGREEMENT to the extent permitted by law. The foregoing
indemnification shall not constitute a waiver of sovereign immunity beyond the
limits set forth in Section 768.28, Florida Statutes, nor shall the same be construed
to constitute agreement to indemnify the VILLAGE for the VILLAGE'S
negligent acts or omissions.
9. The VILLAGE shall indemnify, defend, and hold harmless LRD against any
actions, claims, or damages arising out of VILLAGE'S negligence in connection
with this AGREEMENT to the extent permitted by law. The foregoing
indemnification shall not constitute a waiver of sovereign immunity beyond the
limits set forth in Section 768.28, Florida Statutes, nor shall the same be construed
to constitute agreement to indemnify LRD for LRD' S negligent acts or omissions.
10. MISCELLANEOUS PROVISIONS:
Notices. All notices, requests, consents and other communications required or
permitted under this AGREEMENT shall be in writing and shall be hand
delivered by prepaid express overnight courier or messenger service, or mailed by
registered or certified mail to the following addresses:
AS TO LRD: AS TO THE VILLAGE:
Loxahatchee River Environmental Control District Village of Tequesta
2500 Jupiter Park Drive 345 Tequesta Drive
Jupiter, Florida 33458-8964 Tequesta, Florida 33469
ATTN: Clinton R. Yerkes ATTN: Michael Couzzo
If either party changes its mailing address or designated recipient for notices, such change shall
be communicated in writing to the other party within thirty (30) days of the change.
11. This AGREEMENT shall be construed by and governed by the laws of the State
of Florida. Venue for any and all legal actions necessary to enforce the
AGREEMENT shall be held in Paim Beach County, Florida.
12. No remedy herein conferred upon any party is intended to be exclusive of any
other remedy given hereunder and now or hereafter existing at law or in equity or
by statute or otherwise. No single or partial exercise by any party of any right,
power, or remedy hereunder shall preclude any other or further exercise thereof.
13. This AGREEMENT constitutes the entire contract between the parties hereto and
supersedes all prior understandings if any. There are no other oral or written
promises, conditions, representations, understanding or terms of any kind as
conditions of inducement to the execution hereof and none have been relied upon
by either party. Any subsequent conditions, representations, warranties or
agreement shall not be valid and binding upon the parties unless they aze in
writing and signed by both parties and executed in the same, manner as this
AGREEMENT.
l ~. In the event any terms or provisions of this AGREEMENT shall. be held invalid,
such invalid terms or provisions shall not affect the validity of any other term or
provision hereof and all such other terms and provisions hereof shall be
enforceable to the fullest extent permitted by law as if such invalid teens or
provisions had never been a part of this A.GR.EEM.E~1T.
15. This AGREEMENT shall become effective upon its execution bytlie V1LI.,AGE
and LRD; and upon being fled with the Clerk of the Circuit Court in accordance
with Section 1.63.01..(11), :Florida Stutut~s.
1 Ci, This. AGREEMENT may be terminated, in writing, by either party if construction
is not commenced within twelve (12) months of execution of this AGREEMENT
by the respective parries.
IN WITNESS WHEREOF, the Village of Tequesta, has caused this AG:R.EEIvIENT to
be signed by the Mayor and the seal of said Village to be affixed hereto and attested by the Clerk
of t11is Village, pursuant to authority granted. by said Village, and the :Loxahatchee River
Envroi~snental Control District has caused. this AGREEMENT to be signed in its name by its
AC~lIdG EXECUTIVE DLR.ECTOR and its seal to be affixed hereto, attested by i.ts r~~xEC'rUx.
A~2d:IN1STRATI~~ SERVICES the date and year first above written.
LOXAHATC.HE.E RIVER .ENVIRONMENTAL
CONTROL DISTRICT
N
~~
- ~'
Clinte~ ~, Yprk~es; Acting Executive Director
ATTEST: _
r,f t
Anna 3~C. Williams, Director Administrative
'~ Servicex
VILLAGE OF TEQUESTA
Pat Watkins, Mayor '``~Nµittt,~„,t
o,~~~ C3F .Ti
ATTEST: ~:`~'~`-f;Apd+9'
. ~~ ,,,/NCORPOflATEp ;~
Lori ~Mc Williams, Village
APPROVED AS TO FORiv1 AND
LEGAL Sl1FF1ClENCY:
~.~ ~
LRD ATTORNEY
Y:'•.~cslTeyues;nl.~grrementsilnterbcu) Agreement -T'eq & GRb- 2tY(18-clcun vcrsinn:dnc
APPROVED AS TO FORM AND
LEGAL SUFF3CIENCY:
"~ a
,~
,.~ ~ ~..=
Tre1a J. White, Village Attorney
4
y~ ~ ~*
PRaPas,~
TU: tlllil.AGE C1F TEQUESTA
P.U. BOX 3273
357 TEQUESTA DRIVE
TEQUESTA,. Fl.tJRlDA 33469
x
FROM:
VT~I tit ~~`~ ~~2t.~i c~S ~~1 T`j'. ~--t.-C..
{Herernafter referred tct as Bidder}
Gentlerrten:
The undersigned, as Bidder, proposes #o furnish all labor, materials, equipment, services, and
incidentals necessary to perform all work in accordance with the Contract Docurnen#s entitled: Village
of Tequesta, Tequesta Drive Bridge Utility Relocates.
Bidder has also received addenda numbers ~ ~ ~ ~~i ~~#~°
~ through Z ,and has included their provisions in this
proposal. Bidder now submits the following and hereby agrees:
The only person{s} interested in this bid, or Agreement, as principal are named herein, that the
bid is made without cc-nnection with any other person,. company. or parties making a bid: and
that it is in all respects fair and in good faint without collusion or fraud, or other illegal practices.
2. To hold Bid open until an Agreement has been executed between the Village and bite
accepted Bidder, or until ninety {90} calendar days after the biid opening date, whichever
is shorter.
3. To enter into and execute an Agreement on the basis of this Proposal, within twenty {20)
calendar days after the notice of award of the Contract is issued.. To furnish the 100°l0
Performance Bond and ~ 04°ta~ Payment Bond in accordance with the Contract Documents.
Failure to execute the Contract and famish said Bonds within twenty {ZO} days shall cause bid
security to be forfeited,. not as .penalty, but as fixed and liquidated damages for costs and
expenses incurred, payable into'the funds of the Village.
4. To start work within ten {10} calendar days of the Date of Commencement as established in the
Notice to Proceed. Vllork shall. be completed. within the number of calendar days specified in
Article 3 of the Construction Agreement.
5. !n the event of multiplication, addition, or clerical errors on the Proposal Forms, the Village may
correct these errors to clarify the Bids. The information which results in the lowest cost utilized
#o the Village will be considered correct, and therefore
~-~ WF143t700