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TO: Mayor/Council
FROM: Michael R. Couzzo, Jr., Village Manager
DATE: September 10, 2002 �77,- __ ~-�``-'
SUBJECT: Tequesta Country Club Phase II Final Balancing Change Order
I am attaching back-up information regarding the referenced subject
matter for your review and consideration.
The Village Council previously approved an interfund transfer that
would allocate funds for this change order.
If I can provide further assistance, please feel free to call.
MRC/rr
Attachment
Word/E/TEQ CN CLUB
Resolution No. ,,.
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, PALM BEACH COUNTY,
FLORIDA, APPROVING THE FINAL BALANCING CHANGE
ORDER FOR THE TEQUESTA COUNTRY CLUB — PHASE 2
IMPROVEMENTS AND AUTHORIZING A FINAL PAYMENT
IN THE AMOUNT OF $172,000.00, AUTHORIZING THE
VILLAGE MANAGER TO EXECUTE THE PAYMENT.
NOW,THEREFORE,BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA,PALM BEACH COUNTY,FLORIDA,AS FOLLOWS:
Section 1. Consideration of a final balancing change order and approval of final payment
in the amount of $172,000.00, summarized and attached hereto as Exhibit "A" and 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
, who moved its adoption. The motion was seconded by
Councilmember , and upon being put to vote,the vote was as follows:
FOR ADOPTION AGAINST ADOPTION
The Mayor thereupon declared the Resolution duly passed and adopted the 12th day of
September,A.D., 2002.
Geraldine A. Genco, Mayor
ATTEST:
Mary Wolcott,Village Clerk
Word/E/RESOLUTION CTY CLUB CHANGE ORDER
Sep-09-02 02:31.P P_O1
RMA
Reese, Macon and Associates,Inc.
rowMEMORANDUM
Date: September 9,2002
To: Michael Couzzo
From: Toni Jensen
Re: Tequesta Country Club-Phase 2
Infrastructure Improvements
As we discussed,the Mayor has requested some additional back up information as it relates to the
over run quantities within the above referenced project,specifically the driveway and sod quantities.
Thu attached summarizes the contract estimated quantities for the driveway and sod items restored
under the water main replacement and drainage system improvements.
Note that the original project had a total of 222 driveways. In estimating the contract quantities,we
used 6.5 feet as the mean length of driveway to be restored under the water main quantities and 20 ft
under the drainage system quantities. It did not include, (1)The additional 1500 sy of restoration for
replacement of driveway material along the street edge that some residences had, which was not
planned to be replaced,(2)Additional 1391 LF of swale that was installed that impacted twenty-one
extra driveways,that is equivalent to 770 sy of additional driveway restoration,(3) Demands by the
residents that wanted some of their driveways restored up to the next existing expansion joint,
pushing the replaced length to 15-20 ft in some cases(this was especially true in the special
treatment driveways where residents did not want another joint line in their driveway). We also had
instances where the driveway approach flares at the road edges cracked as a result of the sanitation
trucks driving across them too soon. Our remedy for this was to sawcut the corners off square, like
we did in Phase 1. We had several residents that objected to this,which resulted in us either re-
constructing the flare, or re-pouring a whole new driveway. The most significant increase was
attributable to item 3 above,where by the resident dictated the extent of the restoration.
As for the sod quantity,we used a mean width of 8 ft on the water main areas and 20 ft on the
drainage component. The most significant impact on the sod quantity was similar to item 3 above on
the driveways. The residents were very vocal on the limits of restoration.
Note that in any case that we determined that the driveway restoration was required to be increased
or that additional sod was required,as a result of Contractor negligence,we did not authorize
payment for it
We trust that the above assists in seeing how these items were over run. Should you have questions
or wish to discuss this further,please call.
tcj02 191/02-106
6415 Lake Worth Road • Suite 307 • Lake Worth,FL 33463-2907
Telephone(561)433-3226 ! Facsimile(561)433-8011
N
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a
VILLAGE OF TEQUESTA
TEQUESTA COUNTRY CLUB-PHASE II
DRIVEWAY/SOD QUANTITY SUMMARY
CONTRACT COST DIFFERENCE
DESCRIPTION/UNIT COST ESTIMATED INSTALLED TOTAL COST ESTIMATED TO
QUANTITY QUANTITY INSTALLED
I. Water Main Replacement
1. Driveway Replacement
a. Concrete(S42/sy) 450 sy 1081.78 sy S45 434.76 S26,534.76
b. Asphalt(S27/sy) • 850 sy 2676 sy _ S72,252.00 S49,302.00
c. Special Treatment($46/sy) 1250 sy 2915.11 sy S134,095.06 S76,595.06
2. Sod(S4.50/sy) 6000 sy 11804 sy $53,118.00 S26,118.00
II. Manage System Improvements
1. Driveway Resoration
a. Concrete(S42/sy) 850 sy 993.5 sy $41,727.00 S6,027.00
b. Asphalt(S27/sy) 1600 sy 2151 sy $58,077.00 S14,877.00
c. Special Treatment(S46/sy) 850 sy 1538.33 sy $71,768.18 S31,663.00
2. Sod 11500 sy 8632.33 sy $38,845.48 -S12,904.52
D.
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tcj02 191/02-106
` RMA
Reese,Macon and Associates, Inc. _
MEMORANDUM
Date: September 5, 2002
To: Skip Randolph
From: Tom 414(A ,
Re: Tequesta Country Club-Phase II
In a discussion with the Mayor concerning the above project, I was asked send to you, for
review, the maintenance bond that the Contractor has posted for the above project. Note that Mr.
Couzzo concurred with this request and authorized me to forward this bond to you.
Per the ENCON contract, the Contractor is to post a maintenance bond for 50%of the contract
amount. The final contract amount was $4,059,852.40 and the maintenance bond is in the
amount of$2,029,926.20. The maintenance bond from the Contractor, Asphalt Consultants, is
attached. Note that ENCON has reviewed the bond and concurs with its language/format.
Please advise if this bond meets with your approval. If possible,we would like your comments
prior to the September 12th Council meeting.
Should you have questions or wish to discuss this further,please call.
enclosures
cc: Michael Couzzo
tcj02 189/00-129.4
6415 Lake Worth Road • Suite 307 • Lake Worth,FL 33463-2907
Telephone(561)433-3226 • Facsimile(561)433-8011
erfigit
aymentG pplication To;.r'16
TeQuesta Peninsula - Phase 2.
1. Original Contract Amount $1,766,265.96
2. Value of Approved Change Orders $2,293,586.44
3. Adjusted Contract Amount $4,059,852.40
4. Original Contract Work Performed to Date $1,766,265.96
5. Approved Change Orders Performed to Date $2,293,586.44
6. Total-Value of Work Performed to Date. ` = $4,059,852 40 < ''
7. Less Amount Retained{)—o • $0.00
8. Net Amount Earned on Contract to Date $4,059,852.40
9. Add: Materials Stored at Close of Period $0.00
(Less 10% Retainage)
10. Subtotal $4,059,852.40
11. Less Amount of Previous Payments $3,845,118.45
12. Balance Due this Payment 2t4, 995
Certification by Contractor
I certify that all items and amounts shown on this monthly application are
correct, that all work has been performed, and/or material supplied is in
full accordance with the terms of the Contract between the Loxahatchee
River Environmental Control District and Asphalt Consult s, Inc.
. ,2002 Signature:
By: Christopher Baczewski, President
For: Asphalt Consultants, Inc.
Certification by Engineer
I certify that this account is correct and just, and that the
terms of work specified herein have been performed.
,2002 Signature:
By: s C. Jet.%s I , f'•E•
For: Reese Macon&Associates, Inc.
Approval. by Owner
,2002 Signature:
By: elCtfA 7 c• Deal
For: Loxahatchee River Control District
mot•;
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INSTRUCTIONS TO BIDDERS
I SECTION 1
1. Sealed bids will be received by the Loxahatchee River District, hereinafter referred to as the
.1
District and/or Owner, for performance work as set forth in the Plans and Specifications attached
hereto, until 3:00 p.m. local time, on November 1, 2000 in the office of the Loxahatchee River
District at 2500 Jupiter Park Drive, Jupiter, Florida, 33458, at which time said bids will be publidy
•1 opened and read aloud. Any unsealed bids or bid received after the designated time will be
returned to the bidder. The bidder shall hold their bid good for acceptance by the Owner for a
period not less than one hundred ten(110)calendar days following the date of the bid opening.
_I
2. The work to be performed consists of furnishing all labor, tools, materials and equipment
necessary for a complete installation as shown on Drawings and specified herein:
..1
TEQUESTA PENINSULA
SANITARY SEWER COLLECTION SYSTEM-PHASE II
„I
3.All bids shall be made on the blank form of proposal attached hereto.
J4.This project is a unit price bid.The Bid Proposal shall include all work for Phase lI as indicated on
the contract drawing and as specified in the Contract Documents.
J 5. Each proposal must be accompanied by a certified check or Bidder's bond payable to the District
for 10% of the total amount of the bid.As soon as the bid prices have been computed, the District
will return the check or bond of all except the three lowest responsible Bidders. When the Contract
1 is awarded, the checks or bonds of the two remaining unsuccessful Bidders will be returned. The
check or bond of the successful Bidder will not be returned until the Contract and performance
bond have been executed and approved,after which it will be returned.
-.S
6. A Public Construction Bond in the amount of 100% of the Contract price with a corporate surety
approved by the District and Engineer,will be required for the faithful performance of the Contrail,
- , and the Bidder shall state in the proposal the name and address of the surety or sureties who will
sign this bond in case the Contract is awarded to them.A Maintenance Bond in the amount of 50%
of the Contract Price guaranteeing the repair of all damage due to improper contractor-furnished
- ' --materials or workmanship for a period of one year after the acceptance of the work by the District, ::_;
will also be required.Al bonds must remain valid for one year beyond the date of acceptance of the "
• completed.project '`1
'fir
7.The party to whom the Contract is awarded will be required forthwith to execute the Contract and F,
a Public Construction Bond within ten (10)Calendar days from the date when the written notices of{, , -
_ the award of the Contract are mailed to the bidder. In case of failure to do so,the District may,at KV-... ' J4 .
option, consider that the bidder has abandoned the Contract, in which case the certified check o[':,.;.,,`,„..„
- bidder's bond accompanying the proposal shall become the property of the District r s. ..4-4,
- t
8.The District reserves the right to reject any and all bids and to waive any irregularities therein oro -.:..,,,'..,-. 4,'
accept any bid. The District further reserves the right to award any combination of bids. Before the ,_ ...., .f
award of the Contract, any bidder may be required to furnish evidence satisfactory to the Distract
- and to the Engineer of the necessary facilities, ability, and pecuniary resources to fulfill the, ,' ``'
conditions of the said Contract. f r`' ''`r'3
- :f:r.s -:A IL,
Sf,.
PAGE 4 zj4%'.Ai„:.: ,.
— INSTRUCTIONS TO BIDDERS
g Q.iONTRA "ya' ,f
SECTION 4
THIS CONTRACT, made and entered into this 1 day of 1)2.cemait. ,
2000, by and between ASPHALT CONSULTANTS. INC.
jointly and severally hereinafter called the Contractor, and the LOXAHATCHEE RIVER
DISTRICT, hereinafter called the Owner.
WITNESSETH: That whereas the Owner has awarded to the Contractor the work of
performing certain construction:
ARTICLE 1. Scope of Work: The Contractor shall furnish all of the labor, including
engineering design, materials (except Owner-furnished materials, tools, equipment, and
everything necessary to perform; and shall perform in accordance with the Contract
Documents and the terms of this Contract, the Project known and identified as SANITARY
SEWER COLLECTION SYSTEM - TEQUESTA PENINSULA - PHASE II and shall do
everything required by this Contract, the. General Conditions, Specifications and the
Drawings, which are attached hereto and made a part of this Contract as though bodily
incorporated herein. Applicable reference drawings are 40 (#of sheets) entitled SANITARY
SEWER COLLECTION SYSTEM - TEQUESTA PENINSULA - PHASE II, prepared by
Shalloway, Foy, Rayman & Newell, Inc., and dated August, 2000. In addition there are two I
(2) landscape drawings(L-1 and L-2), prepared by Gentile Holloway&Mahoney.
ARTICLE 2. Time of Completion:.Construction work must begin within ten (10)
calendar days from the date of receipt of official notice to proceed and shall be carried at a
rate to insure its full completion within.one hilt ei it(t80)scalendardays.The rate of
progress and the time of completion being essential conditions on this Contract. •
Deduction for Not Completing on Time: If the Contract work is not fully completed
according to the terms of the Contract within the time limits herein stipulated the Contractor
shall pay the Owner, not as a penalty but as agreed upon liquidated damages, the sum of
OrI*HilildreitrDbItafel$1'00:00neffdarpluwengineerinwexpentOS for each and every
calendar day elapsing between expiration of such time limit and the date of full completion,
provided, however, that the time limits herein stated are subject to extension without
payment of damages, as provided in the Special Conditions.
Where any deductions from or forfeitures of payment in connection with the work of
this Contract are duly and properly imposed against the Contractor, in accordance with the
terms of this Contract, Federal Laws, State Laws, or governing ordinances or regulations,
the total amount thereof may be withheld from any monies due or to become due the
Contractor under the Contract; and when deducted, shall be deemed and taken as payment
in such amount. - -
ARTICLE 3. General: The Contractor hereby certifies that he has read each and
every clause of the Contract Documents and that they have made such examination of the
location of the proposed work as is necessary to understand fully the nature of the
obligation herein made; and will complete the same in the time limits specified herein, in
accordance with the Contract Documents.
CONTRACT-Section 4 4-1
•
I .
9
All work under this Contract shall be done to the satisfaction of the Engineer, who -
shall, in all cases, determine the amount, quality, fitness and acceptability of the several
kinds of work and materials which may arise as to the fulfillment of the Contract on the part
of the Contractor; and their decision thereon shall be final and conclusive; and such
determination and decision, in case any questions shall arise, shall be a condition
precedent to the right of the Contractor to receive any money hereunder.
Any clause or section of this Contract or Contract Documents which may, for any
reason, be declared invalid, may be eliminated therefrom; and the intent of this Contract or
the Contract Documents and the remaining portion thereof will remain in full force and- -
effect as completely as though such invalid clause or section has not been incorporated
therein.
ARTICLE 4. Contract Price: The Owner shall pay the Contractor as just
Compensation for the performance of this Contract, subject to any additions or deductions
as provided in the Contract Documents, the following cost is based upon a price bid of
( One Million Seven Hundred Sixty Six Thousand Tiw Hundred Sixty( , kriaMge
$ 1 , 7 6 6 ,2 6 5 . 9 6 , based upon unit prices proposed.
ARTICLE 5. Progress Payments: " ar i Y'(lOth Ada} ofi.eves
except as provided for in the Special Conditions, the Contractor shall prepare and
submit on a form approved by the Engineer a detailed estimate and invoice to the Engineer
covering thapercentage.of the,.total amouni.o#the,Contrac whictiti i 'R'r' ipieted:frw
itheestarLotAbe„,job>:up,ta.and.in hiding-the-last daroft the,precedinglnonth, together with
such supporting evidence as may be required by the Owner and/or Engineer.
A Progress Payment Affidavit shall be submitted by the Contractor to the Engineer
with every monthly progress payment request indicating that all lienors under the
Contractor's direct contract have been paid in full.
On or about the twentieth (20th) day after receipt of invoice, the Owner shall pay to
the Contractor the value based on the Contractor's estimate and invoice as approved by
the Engineer, less the percentage retained in accordance with the Special Conditions, less
the aggregate of previous payment.
•
ARTICLE 6. Acceptance and Final Payment: When the work provided for under
this Contract has been fully completed, in accordance with the terms thereof, a final
estimate showing the amount of such work shall be prepared by the Engineer and filed with
the Owner and with the Contractor within thirty(30) days after the date of completion.
The final estimate shall be accompanied by the required maintenance bond and by
a certificate of acceptance issued by the Engineer, and stating that the work has been fully
completed to their satisfaction, in substantial compliance with the Contract
From the final payment shall be retained all monies expended.by the Owner,
according to the terms of the Contract and thereunder chargeable to the Contractor, all
monies payable to the Owner as liquidated damages, and all deductions provided by the
Contract, Federal Laws, State laws, or governing regulations.
CONTRACT-Section 4 4-2
•
Within thirty(30) days after receipt of the Engineer's final acceptance by the Owner,
, the Owner shall make payment to the Contractor in the 'full amount of the Engineer's final -
estimate. Payment of the final estimate and acceptance of such payment by the Contractor
shall release the Owner from all claims of liability to the Contractor in connection with this
Contract. Contractor shall upon acceptance of such payment execute and deliver to Owner
the Final Release of Lien in a form identical to Section 8 of the Bid Documents.
ARTICLE 7. The Contract Documents; The term "Contract Documents" shall
mean the Notice to Contractors, Instruction to Bidders, Proposals, Bid Security, Contract,
Public Construction Bond, Progress Payment Affidavit, Opinion of District's Attorney, Final
Release of Lien, Special Conditions, General Conditions, Technical Specifications, and
Plans, including all modifications and addenda thereto incorporated in any of the
documents before execution of the Contract, and shall form the entire agreement between
the Owner and Contractor.
IN WITNESS WHEREOF, the parties hereto 'have executed this Agreement this
day of D c�nnhrl2_ ,2000.
ATTEST: OWNER: LOXAHATCHEE RIVER
DISTRICT
4:411- ;i/44:4;a1-...)
Witness/ d 4 4/,f/,�vc,t i
£ 4 -
WI7AO.Gt/ t) dC.cc ess LORING "SNAG" HOLMES, CHAIRN,AN
CONTRACTOR: ASPHALT CONSULTANTS,
• INC.
W �
feS
Witness
•
(Affix Corporate Seal)
• i
CONTRACT-Section 4
4-3
•
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NOW THEREFORE. Obligee shall give notice.when posaibb. tp Principal of defects in
avorkmansrrp and r or matenafa inat are in need of replacement; Principal shell be given
aopropri opportunity to make repairs.however. IT eoptacement is not made Obligee may make
demand won Surety for such amount(s)as is required to replace d.teCa. •
Asphalt Consult nts Inc.
Prncer. i- - . i. `.
O'
Chris Baczewski/President
Surety, F;
XL peci it In "urance Company.
•
A4mwi►n4-0 & Resident Agent . -
Chr Ackerman 9 - -
M.etr Suety 9rt.r.rer d Mania a 1.6.6I11o. •
-
Po.wer d Atbw^r c.
•
for*"'vr ricbrut.gyros
MI
XL CAPITAL LTD
CONSOLIDATED BALANCE SHEETS AS AT DECEMBER 31,2001 AND 2000
t'J.S.doclars.n thousands,accept share amoung)
ASSETS
2001 2000
Investments.
Fixed maturities at fair value(amortized cost:2001, S10,945,568:2000 58,714,196). $10,831,927 i 8,605,081
Equity securities,at fair value(cost 2001, S575,090. 2000, 3515,440) 547,505 557.460
Short-term investments,at fair value(amortized cost:2001, 51,050,015;
2C00, S347,147) 1,050,113 339,007
Total investments available for sale 12,429,845 9,301,548 —
Investments in affiliates 1,037,344 792,723
Other investments 273,528 177,651
Total investments 13,740,717 10,471,922 '
Cash and cash equivalents 1,863,861 930,469 '
Accrued investment income 180,305 143,23S
Deferred acquisition costs 394,258 309,268
Prepaid reinsurance premiums •
;
84b,081 391,789
Premiums receivable 2,182,348 1,119,723
Reinsurance balances receivable 1,246,106 196,002
Unpaid losses and loss expenses recoverable 5,033,952 1,339,767
Intangible assets(accumulated amortization:2001,S194,045;2000, 5135,4761 1,616,943 1,591,108
• Deferred tax asset,net 419,222 752,168
:—]
Other assets 439,282 296,501
Total assets $27,963,075 $16,941,952
LIABILITIES AND SHAREHOLDERS' EQUITY
Liabilities:
Unpaid losses and loss expenses $11,825,680 $ 5,672,062
Deposit liabilities and policy benefit reserves 2,374,164 1,209,926 —j
Unearned premiums 2,682,089 1,741,393
Notes payable and debt 1,604,877 450,032
Reinsurance balances payable 1,672,122 441,900
Net payable for investments purchased 1,247,027 1,372,476 H
Other liabilities 1,071,402 439,433 ri
Minority interest 48,530 41,062 j
Total liabilities . 522,525,891 $11,368,284 r
--1
Commitments and Contingencies
Shareholders'Equity:
Authorized 999,990,000 Class A ordinary shares,par value$0.01
Issued and outstanding:(2001,134,734.491:2000, 125.020,6761 $ 1,347 $ 1.250 I
Contributed surplus 3,378,549 2,497,416
Accumulated other comprehensive loss (213,013) (104,712) i
Deferred compensation (27,177) (17,727) .�
Retained earnings 2,297,478 3,197,441 —
Total shareholders'equity S 5,437,184 S 5,573,668 —
Total liabilities and shareholders'equity $27.963,075 516,941,952 "'
See accompanying Notes to Consolidated Financial Statements
• >X46SLJRETY •
LIMITED POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:That the XL SPECIALTY INSURANCE COMPANY,a corporation organized and existing by virtue of the laws of the
State of Illinois("Company or"Corporation"),does hereby nominate,constitute and appoint,Chris Ackerman as an employee ofAckerman&
Associates,Inc., its true and lawful Attomey(s)-in-fact to make,execute,attest,seal and deliver for and on its behalf,as surety,and as its act and deed,where
required,any and all bonds,undertakings,recognizances and written obligations in the nature thereof,the penal sum of no one of which is in any event to exceed
$5,000,000.00.
Such bonds and undertakings,when duly executed by the aforesaid Attomey(s)-in-fact shall be binding upon the said Company as fully and to the same extent as if
such bonds and undertakings were signed by the President and Secretary of the Company and sealed with its corporate seal.
This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company
on the 5th day of December,1988:
"RESOLVED,That the President,or any Vice President of the Company or any person designated by any one of them is hereby authorized to execute Powers of
Attorney qualifying the attorney named in the given Power of Attorney to execute in behalf of the Company,bonds,undertakings and all contracts of suretyship,
and that any Secretary or any Assistant Secretary of the Company be,and that each or any of them hereby is authorized to attest the execution of any such Power
of Attorney,and to attach thereto the Seal of the Company.
FURTHER RESOLVED,That the signature of such officers and the Seal of the Company may be affixed to any such Power of Attorney or to any certificate
relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be thereafter valid and
binding upon the Company with respect to any bond,undertaking or contract of suretyship to which it is attached."
Bonds executed under this Power of Attorney may be executed under facsimile signature and seal pursuant to the following Resolution adopted by the Board of
Directors of the Company on August 6,2001.
"RESOLVED,That the signature of the President of this Company,and the seal of this Company may be affixed or printed on any and all bonds,undertakings, •
recognizances,or other written obligations thereof;on any revocation of any Power of Attorney,or on any certificate relating thereto,by facsinnle,and any Power
of Attorney,any revocation of any Power of Attorney,bonds,undertakings,recognizances,certificate or other written obligation,baring such facsimile signature
or facsimile seal shall be valid and binding upon the Corporation."
iN WITNESS WHEREOF,the XL SPECIALTY INSURANCE COMPANY has caused its corporate seal to be hereunto affixed,and these presents to be signed by its
duly authorized officers this 6th day of August,2001. XL SPECIALTY INSURANCE COMPANY • •
eedi.. .141.
•
BY:
•
�.,... PRESIDENT•
_s
f s
tits SEA / Attest:
•
SECRETARY
STATE OF ILLINOIS
•
•
COUNTY OF COOK ss.
On this 6th day of August,2001,before me personally came Nicholas M.Brown,Jr.tome known,who,being duly sworn,did depose and say that he is President of
the Company described in and which executed the above instrument;that he knows the seal of said Company;that the seal affixed to the aforesaid instrument is such
corporate seal and was affixed thereto by order and authority of the Board of Directors of said Company;and that he executed the said instrument by like order and
authority:
OFFICIAL SEAL
NANCY I STANG6. "4
11
NOTARY ire STAIN Of I LINOIS
MV COMMISSION FxrrtrSmaCAroa
NOTARY PUBLIC
STATE OF iLLINOIS
COUNTY OF COOK ss.
1,Ben M.Llaneta,Secretary of the XL SPECIALTY INSURANCE COMPANY a corporation of the State of Illinois,do hereby certify that the above and foregoing is a
full,true and correct copy of Power of Attorney issued by said Company,and that I have compared same with the original and that it is a correct transcript therefrom
and of the whole of the original and that the said Power of Attorney is still in full force and effect and has not been revoked.
iN WITNESS WHEREOF,I have hereunto set my hand and affixed the seal of said Company,at the City of Schaumburg,this 2 8 th day of
•
August ,20 02 . •
t _ t t
of SEALI, !
ry• ti. Ii '�' , �r
Sep-04-02 10- 59A P_02
IRM1 1
Reese, Macon and Associates,Inc.
MEMORANDUM
Date: August 6,2002
To: Michael Couzzo
From: Tom Jense .14,"
Re: Tequesta Count ' lub Phase II
As you know,the District has been in negotiations with Asphalt Consultants for the closure of
the above referenced project., The negotiations relate to several aspects of the project,such as;
liquidated damages from the February 19"'completion date, Engineering fees (overtime&
charges from February 10),additional time associated with quantity overruns,miscellaneous
delays and monies related to additional bond/insurance costs due to the quantity overruns. The
latest final balancing change order(No. 8), attached,was rejected by Asphalt Consultants.
In a meeting, this date, the District and Asphalt Consultants agreed to the following terms;
1. No liquidated damages will be charged to the Contractor.
2. The Contractor will be paid$6,000 by the District fur additional bonds/insurance costs
incurred.
3. The Contractor will pay for half of the outstanding Engineering fees that RMA has
incurred since February 19t°,which will include the overtime charges incurred during the
project,this equates to$19,843.37_ Note that the remaining Engineering balance will he
paid per the intcrlocal agreement, 51.75%by the District ($10,268.94)and 48.25% by the
Village($9,574.43).
A change order will be prepared with the above conditions and presented to the District board at
their August 15'h meeting. Please review and advise if you should require any additional
information.
tcj02 164/00-129.4
6415 Lake Worth Road • Suite 307 • Lake Worth,FL 33463-2907
Telephone(361)433-3226 • Facsimile(561)433-0011
Sop-04-02 10: 59A P.03
RMA
Reese,Macon and Associates,Inc.
MEMORANDUM
Date: August 9,2002
To: Clint Yerkes r -
From: Tom Jensen%
Re: Tequesta Country Clu -Phase II
Final Balancing Change Order
As we discussed this date,the Contractor,Asphalt Consultants, will be responsible for half of the
Engineering fees incurred,since the completion date of February 19,2002. To date,these
Engineering expenses equate to$39,686.74. Half of this amount equals$19,843.37. The
following is a breakdown of the Engineering fees that the Contractor would be responsible for:
• Overtime Related Expenses of Engineer $ 4,815.50
• Engineering Fees
a. From Feb. 19 thru Feb. 28 $ 2,648.85
b. From March 1 thru March 31 $10,404.79
c. From April 1 thru April 8 $ 1.974.23
TOTAL $19,843.37
Based upon the above,this would extend the completion date out to April 8,2002, an extra 48
days. Please advise if you should need anything else.
cc: Paul Brienza
Michael Couzzo
•
lcj02 I63/00-129 4
6415 Lake Worth Road - Suite 307 • Lake Worth,FL 33463-2907
Telephone(561)433-3226 • Facsimile(561)43.3-8011
Sep-O4-O2 1O: 59A ,P-O4
DISTRICT/TEQUESTA
INFRASTRUCTURE IMPROVEMENTS PHASE II
TEQUESTA COUNTRY CLUB
Final Balancing Change Order
I. OUANTITY OVER RUNS
A. DISTRICT (Base Contract)
- ITEM OVERAGE I UNIT PRICE $OVER
QUANTITY
20. 6" SDR 26 LAT-DBL wICO(1) 1 ea. 380.71 380.71
24. 12"Compacted Subgrade (2) 1122 sy 4.38 4,914.36
25. 8.5 Base (3) 1122 sy 7.71 8,650.62
26.A. 1st Lift Asphalt(3/4") 5849 sy 2.82 16,494.18
26.B. 2nd Lift Asphalt(3/4") 9944.70 sy 2.42 24,066.18
27. D/W Removal/Restoration 717.44 sy 11.41 8,185.99
28. Sodding 930.14 sy 4.57 4,250.74
- Subtotal(District) t$66,942.78
B. BAY HARBOR(C.O.No. 1)
ITEM I OVERAGE UNIT PRICE $OVER
QUANTITY
8. 12"Compacted Subgrade (4) 395.2 sy 4.38 1.730.98
9. 8.5"Base (5) 395.2 sy 7.71 3.046.99
10. 1st Lift Asphalt(3!4") 395.2 sy 2.82 1.114.46
11. 2nd Lift Asphalt(3/4") 692.2 sy 2.42 1,676.12
Subtotal(Bay Harbor) +$7,567.55
C. TEQUESTA(C.O.No.2)
ITEM I OVERAGE�� UNIT PRICE I $OVER 1
I QUANTITY I 1
I. WATER MAIN
1.b. 6"PVC (6) 18 LF 33.00 594.00
5. D.I. Fittings (7) 1350 lbs. 2.84 3,834.00
10. Road Restoration (8) 98 sy 30.00 2,940.00
11. D/W Restoration
a. Concrete 631.78 sy 42.00 26,534_76
b. Asphalt 1826.00 sy, 27.00 49,302.00
c. Special 1665.11 sy 46.00 76,595.06
13. Sod 5804 sy , 4.50 26,118.00
Sop-04-O2 11 :OOA P.05
ITEM OVERAGE UNIT PRICE $OVER
QUANTITY
14.a 8 x 1 Saddle (9) 1 ea. 190.00 190.00
14.b. 6 x 1 Saddle (10) - 2 ea. 177.00 354.00
14.d_ 1"Corp Stop (11) 3 ea. 82.00 246.00
14.e. 1"Curb Stop (12) 3 ea. 82.00 246.00
14.g. 1"Poly (13) 160 LF 5.00 800.00
II. DRAINAGE
4. Swale Construction , 1391 LF 5.00 6,955.00
5. D/WI Restoration
a. Concrete 143.55 sy 42.00 6,029.10
b. Asphalt 551.00 sy 27.00 14,877.00
G. Special 688.33 sy 46.00 31,663.18
7.b. Drainage Demo(Pipe) (14) 70 LF 8.00 560.00
Ill. STREET LIGHTS i e
1. 2"Conduit 2544 LF 5.00 12,720.00
3. Sod 900 sy 4.50 4,050.00
5. Hyd. Push
b. Under 01W 37 ea. 326.00 12.062-00
Subtotal(Tequesta) +276,670.10
TOTAL, ITEM I (Quantity Over runs) +351,180.43
, :c . r
2
Sep-04-02 11 :00A R_06
NOTES
(!) Total project overage equated to 147 laterals. This CO. amount plus 146 from C.O.No. 7.
(2) Total project overage equated to 6,409.50 sy. This C.O. amount plus 5,287.50 sy from C.O.
No. 7_
(3) Total project overage equates to 6,504.I0 sy. This C.O. amount plus 5,382.10 sy from C.O.
No. 7.
(4) Total project overage equated to 732.20 sy. This C.O. amount plus 337 sy from C.O.No. 7.
(5) Total project overage equated to 762.20 sy. This C.O.amount plus 367 sy from C.O.No. 7.
(6) C.O. No. 7 reduced bid quantity from 3,400 to 2,712 LF. Final quantity equates to 2,730
LF,or 18 L.F over C.O. No. 7 amount.
(7) C.O.No. 7 reduced bid quantity from 10,000 lbs to 9,701 lbs. Final quantity equates to
11,051 lbs, 1,051 lbs over.
(8) Total project overage equated to 178 sy. {This C.O. amount plus 80 sy from C.O.No. 7.
(9) Total project overage equated to 13 saddles. This C.O. amount plus 12 from C.O.No. 7.
(!n) C.O. No. 7 reduced bid quantity from 38 to 29 saddles. Final quantity equates to 31,2 over
C.O. No. 7 amount.
(//) C.O. No. 7 reduced bid quantity from 195 to 194 corps. Final quantity equates to 197, 3
over C.O.No. 7 amount.
(12) C.O.No. 7 reduced bid quantity from 225 to 173 curbs_ Final quantity equates to 176, 3
over C.U. No. 7 amount:
(13) 'Total project overage equated to 830 LF. This C.O. amount plus 670 LF from C.O.No. 7.
(14) C.O. No. 7 reduced bid quantity from 2,500.to 2,403 1.F. Final quantity equates to 2,473
LF, or 70 over C.O.No..7 amount:
3
Sep-O4-O2 11 :00A P.07
11. OUAN7'1'1'Y_UNDER RUNS
A. DISTRICT (Base Contract)
[-.. ITEM REMAINING ) UNIT PRICE !1 $UNDER i
QUANTITY I
Subtotal(District) (0)
B. BAY HARBOR(C.O. No. 1)
ITEM REMAINING UNIT PRICE $UNDER
QUANTITY
12. DNV Removal/Restoration 36 sy 11.41 410.76
13. Sod 1281sy 4.57 1 5,854.17
Subtotal(Bay Harbor) ($6,264.93)
C. TEQUESTA(C.O. No.2)
I
QU
- ITEM REMAINING f-- UNIT PRICE $UNDER
QUANTITY ,
L WATER MAIN
9. Existing Main Abandonment 14,300 LF 4.30 61,490.00
'11. WWI Restoration
a. Shell :. 15 sy-• 10.00 150.00
12. ARV ' : 4 ea. 3,632.00 14,528.00
14.g. Meter Connections 47 ea 25.00 1175.00
H. DRAINAGE
La. 14 x 23 RCP 47 LF 53.00 r 2,491.00
5. D/W Restoration
a. Shell 45 sy 10.00 . 450.00
6. Road Restoration 53.70 sy 30.00 1,611.00
10. Sod 2867.67 4.50 12,904.51
iii. STREET LIGHTS
2. Pulboxes 1 ea. 196.00 196.00
3. D/WI Restoration
a. Asphalt 170.50'sy
4. Hyd. Push -
a. Under Road 16 ea. 491.00 7,856.00
Subtotal(Tequesta) ($107,455.01)
TOTAL,ITEM II (Quantity Under runs) ($113,719.94)
TCJO2 130100-129.4 4
Sep-04-02 11 :00A P.08
liI. ADDITIONAL ITEMS
A. DISTRICT
ITEMS $
1. Curbing 2,280.00
(misc.D/W&Roadways)
2. Road Leveling 2,850.00
(Phase 1/2 Interface)
3. Irrigation Main Replacement 1,973.32
(Country Club Drive)
4. MH Rim Adjustments 750,00
(pt.Circle!River Drive)
5. Additional landscape 3,730.00
(Anch. Pt. LS)
6. Water Services Adjustment 1,000.00
(5-Locations)
7. Sod/Topsoil 125.00
8, MH Adjustment Credit 7 @ 100 ea (700.00)
Subtotal (Add'l District Items) $12,008.32
B. TEQUESTA
ITEMS $
1. Curbing 1,500.00
(Misc. D/W&Roadways)
2. Silt Screen 2,082.34
(SFWMD Requirement)
3. Topsail 2,432.00
(237 Gottview)
4. Swale Modification 300.00
(340 River Drive)
5. Adds!Road Restoration 2,940.00
(Club Place)
6. Conflict Structure Sleeves 3,240.00
7. Yard Restoration 1,450.00
(199 River Drive)
8_ Elliptical RCP 250.00
(Restock Fee)
Subtotal (Add'I Tequesta Items)` $14,194.34
•
TOTAL,ITEM I11(Add'i Items) $26,202.66
•
•
TCJ02 130/00-129.4 15
Sep-04-02 11 :00A P.09
•
SUMMARY
1. QUANTITY OVER RUNS $351,180.43
I1. QUANTITY UNDER RUNS ($113,719.94)
III. ADDITIONAL.ITEMS $26.202.66
TOTAL(1, II, III) $263,663.15
DISTRICT OBLIGATIONS $80,253.72
TEQUESTA OBLIGATIONS $183,409.43
TCJO2 130A00-129.4 6
Sap-04-02 11 :01A P. 10
•
DISTRICT!TEQUESTA
INFRASTRUCTURE IMPROVEMENTS PHASE II
TEQUESTA COUNTRY CLUB
Project Cost Summary
(Interim/Final Change Order)
DISTRICT
A. Items Under Contract Amounts
1. Interim Balancing Change Order No. 7
a. Country Club Area ($80,299.13)
b. Bay Harbor(CO. No. 1) ($ 3.504.40)
Subtotal ($83,803.53)
2. Final Balancing Change Order No. 8
a. Country Club Area ($ .00)
b. Bay Harbor(CO No. 1) ($ k264.93)
Subtotal (5 6,264.93)
TOTAL ($90,068.46)
(Items Under Contract Amounts)
B. Items Over Contract Amounts
1. Interim Balancing Change Order No.7
a. Country Club Area +$287,620.58
b. Bay Harbor(CO No. 1) + _7,042.45
Subtotal +$294,663.03
2. Final Balancing Change Order No. 8
a. Country Club Area +$ 66,942.78
b. Bay Harbor(CO No. 1) +$ 7,567.55
c. Additional Items +$ 12,008.32
Subtotal +$ 86.518 65
TOTAL +$381,181.68
(Items Over Contract Amounts)
COST UNDER CONTRACT AMOUNT ($ 90,068.46)
COST OVER CONTRACT AMOUNT +$381.181.68
DISTRICT TOTAL OVERAGE AMOUNT +$291,I 13.22
TCJO2 130/00-129.4 7
Sop-O4-O2 11 :01A P_ 11
TEOUESTA
A. items Under Contract Amounts
l. Interim Balancing Change Order No. 7
a. Country Club Area(C.O. No_ 2) ($186,038.16)
Subtotal ($186,038.16)
2. Final Balancing Change Order No. 8
a. Country Club Area(C.O_No. 2) ($107.455.01)
Subtotal ($107,455.01)
TOTAL ($293,493.17)
(Items Under Contract Amounts)
B. Items Over Contract Amounts
1. Interim Balancing Change Order No. 7
a. Country Club Area(CO No. 2) +$149,274.00
' 'Subtotal +$149,27400
2. Final Balancing Change Order No. 8
a. Country Club Arca +$276,670.10
b. Additional Items + $ 14.194.34
Subtotal +$290,864.44
TOTAL +$440,138.44
COST UNDER CONTRACT AMOUNT' ($293,493.17)
COST gym CONTRACT AMOUNT +$440,138.44
TEOUESTA TOTAL OVERAGE AMOUNT +$146,645.27
TCJ02 130/00-129.4 • 8