HomeMy WebLinkAboutDocumentation_Workshop_Tab 01_9/3/2024 Agenda Item #1.
Workshop
STAFF MEMO
Meeting: Workshop - Sep 03 2024
Staff Contact: Doug Chambers, Director of Public Department: Public Works
Works
Tequesta Drive Grade Crossing Quiet Zone Construction Requirements
. -
Summary of Train Horn Rules and Quiet Zones
Train Horn Requirements: Under federal law (49 CFR Part 222), train engineers are required to sound horns
15-20 seconds before reaching any public grade crossing.
Quiet Zones: Local authorities can establish quiet zones where train horns are not routinely used, provided they
meet specific safety requirements set by the Federal Railroad Administration (FRA). These zones must
demonstrate that the absence of a train horn does not significantly increase the risk of accidents, or that any
increased risk is mitigated by other safety measures. However, train horns may still be used in emergencies or at
the engineer's discretion.
Federal Railroad Administration (FRA): The FRA sets the standards for establishing quiet zones, including
the use of an online risk calculator to assess the safety of crossings. In 2024, an FRA review of the Tequesta
Drive crossing found that it did not meet the criteria for a quiet zone due to insufficient infrastructure.
Grade Crossing Deficiencies: One commercial driveway at 304 Tequesta Drive is preventing the
implementation of a quiet zone because it is within 100 feet of the crossing arm. The property owner has agreed
to let the Village relocate the driveway at the Village's expense. Additional requirements include installing a fire
hydrant, modifying the parking area to meet fire code, and several associated infrastructure changes.
The project involves agreements with the property owner, utilities staff, landscaping services, construction for
driveway relocation, and site planning.
1. Agreement with the commercial property owner at 304 Tequesta Drive to relocate their driveway.
(Attached, no cost)
2. Installation of a fire hydrant in front of 304 Tequesta Drive (Utilities Staff).
3. Removal and installation of landscaping and irrigation (Terracon Landscaping).
4. Construction to relocate the driveway and add additional pavement (Wynn and Sons).
5. Site survey, Site Plan modification and plans (Holtz Consulting).
Page 3 of 36
Agenda Item #1.
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Estimated Costs
Task Estimated Cost
Relocate Driveway and Pavement Extension $54,191.00
Fire Hydrant $14,000.00
Survey/Engineering/Plans $3,950.00
Landscapi nq $6,155.00
Quiet Zone/Safety Siqnaqe $4,000.00
Contingency 10% $8,229.60
Total Estimated Costs $90,525.60
Budtet:
Approval of this project will necessitate a budget amendment in March 2025. The funds for this project would
be allocated from the General Fund Reserves, specifically from Account 001-990-399-999.
This document and any attachments may be reproduced upon request in an alternative format by
completing our Accessibility Feedback Form, sending an e-mail to the Village Clerk or calling 561-
768-0443.
BUDGET • - •
BUDGET AMOUNT $0 AMOUNT AVAILABLE EXPENDITURE AMOUNT:
$5,000,000.00 $90,525.60
Page 4 of 36
Agenda Item #1.
FUNDING SOURCES: 001-990-399.999 IS THIS A PIGGYBACK:
❑ Yes ❑x N/A
DID YOU OBTAIN 3 QUOTES?
❑ Yes ❑x N/A
COMMENTS/EXPLANATION ON SELECTIONThe contractors engaged in this project have existing
contracts with the Village that were secured through a competitive bidding process.
304 Teguesta Dr GIS Aerial
Indemnification Agreement - Drivway Relocation Project 304 Teguesta Drive
304 Teguesta Drive Exhibit A
Estimate 9556 from WYNN SONS ENVIRONMENTAL CONSTRUCTION CO LLC
Landscaping Modifications
WA 13 -Site Plan Modifications for Quiet Zone
Page 5 of 36
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Agenda Item #1.
INDEMNIFICATION AGREEMENT-DRIVEWAY RELOCATION PROJECT
VILLAGE OF TEQUESTA
RELEASE, WAIVER OF LIABILITY AND INDEMNITY AGREEMENT
RELATED TO DRIVEWAY APRON RELOCATION PROJECT
THIS AGREEMENT FOR INDEMNIFICATION RELATED TO DRIVEWAY
APRON RELOCATION OF AND CONTINUED MAINTENANCE, hereinafter
"Agreement", is entered into and effective this 7 day of %e^4e2t2024,by and between
the VILLAGE OF TEQUESTA, a Florida municipal corporation with offices located at 345
Tequesta Drive, Tequesta, Florida 33469-0273, hereinafter "the Village"; and AC Realty LLC,
owners of the property located at 304, Tequesta, Florida 33469, hereinafter "the Owner" and
collectively with the Village, "the Parties".
WITNESSETH
The Village and the Owner, in consideration of the mutual covenants contained herein and for
other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged by both Parties, hereby agree as follows:
1. VILLAGE RESPONSIBILITIES:
A. The Village will remove and relocate the existing driveway apron for the property located
at 304 Tequesta Drive approximately 40' to the west of its present location to facilitate a
request to create a quiet zone at the nearby railway intersection. The location of the existing
driveway apron and the new proposed location are more particularly described and
depicted in the document attached hereto as Exhibit "A".
B. The Village will extend the existing parking area pavement on the east side of the property
for an area approximately 195' X 10' as more particularly described and depicted in the
attached document as Exhibit "A" into the Village's existing easement area. The Village
shall be responsible for all costs and expenses associated with the extension. The Village
will maintain ownership over this area. Following completion of the project maintenance
over this easement area shall be the duty of the Village. Village shall allow Owner to access
this easement area for vehicular mobility and waste management access only. The facility's
dumpster may be placed within the southeast corner of the easement area. The owner shal
not be entitled to any parking, storage, or to physically modify the easement pavement area
in anyway.
Page I of 5
Page 7 of 36
Agenda Item #1.
INDEMNIFICATION AGREEMENT-DRIVEWAY RELOCATION PROJECT
C. The Village will remove and re-install driveway striping as necessary within the project
area.
D. The Village will re-install any removed hedges as necessary within the project area.
E. The Village shall provide engineering plans for the project through its consulting engineers
as needed. The Village will prepare, apply for, and obtain documents as needed for
administrative site plan modification for the site. Owners agree to accept the Village's
engineering and grading plans and concur with the planning, methodology, and execution
of the improvements on their property and to sign off on any application forms as needed.
2. OWNER RESPONSIBILITIES
A. Owner shall grant the Village necessary access to the site location as needed for the
project's duration.
B. Following completion of the project title for the new driveway apron shall pass to the
Owners.
C. Following completion of the project Owner shall be responsible for the continued
maintenance of all project areas aside from the Village's extended pavement easement
area.
3. COSTS AND EXPENSES: The Village shall be fully responsible for all costs and
expenses associated with the project. The Village is in no way responsible for providing
any compensation of any sort to the Owners, or any other entity, for ancillary items such
as sod placement, parking striping, irrigation or other maintenance associated with the
project. The Property Owner or Entity that causes any egregious or incidental damage to
the pavement extension with the exception of normal wear and tear shall be liable for
repairs.
4. OWNERS ASSUMPTION OF THE RISK: Accordingly, Owner, including their
successor and assigns, hereby agree to assume sole and full responsibility for, and risk of
the creation of any hazardous condition on, property damage to, or ineffective mitigation
attempts at their property at 304 Tequesta Drive,Tequesta, Florida 33469. Further, Owners
hereby agree that they, including their successor and assigns, shall not seek recourse from
the Village for any such hazardous condition on, property damage to, or ineffective
mitigation attempts at their property at 304 Tequesta Drive, Tequesta, Florida 33469 as a
result of undertaking the activities contemplated by this Agreement. This assumption of
Page 2 of 5
Page 8 of 36
Agenda Item #1.
INDEMNIFICATION AGREEMENT- DRIVEWAY RELOCATION PROJECT
risk further extends to personal injuty (up to and including death) suffered by any person,
or property damage realized or suffered by any person, directly or indirectly as a result of
the Owner's & Village having undertaken the activities contemplated by this Agreement.
5. RELEASE, WAIVER OF LIABILITY AND DISCHARGE OF CLAIMS• Owner, for
themselves and their successors and assigns, hereby release, waive, and discharge any and
all claims that they may now or in the future have for damages against the Village and its
employees,officers,or agents including all claims,demands,causes of action,suits,actions,
losses, liabilities, costs and/or expenses, and attorney's fees, which are occasioned by or
are otherwise attributable to, matters for which the Owners have assumed the risk in
accordance with Section 5 hereof and for which the Owners are responsible in accordance
with Section 1 & 2 hereof. Pursuant to such release, waiver, and discharge, and in
consideration of being allowed to undertake the activities contemplated by this Agreement,
Owners, including their successors and assigns, promise not to sue or demand any money
or anything of value fi-om the Village beyond the financial consideration contemplated by
this Agreement.
6. INDEMNIFICATION. Owners agree to indemnify and hold harmless the Village from and
against any and all third-party claims, demands, causes of action, suits, actions, losses,
liabilities, costs and/or expenses, including attorney's fees, which are occasioned by, or
otherwise attributable to, matters for which the Owners have assumed the risk in accordance
with Section 2 hereof and for which the Owners are responsible in accordance with Section 1
hereof.
7. TERMINATION;
A. If either party determines that the other is not performing its responsibilities satisfactorily
written notice of the deficiency with a requirement that the deficiency be corrected within
a specified time not less than 30 days shall be provided to the defaulting party and the
parties shall attempt to rectify the deficiencies. If the deficiencies identified are not
corrected within the specified time, either party may pursue enforcement under the laws
and court system of the State of Florida.
B. This project is contingent upon the Village receiving authority from the Federal Railroad
Administration to create a quiet zone at the Tequesta Drive railroad crossing. In the event
Page 3 of 5
Page 9 of 36
Agenda Item #1.
INDEMNIFICATION AGREEMENT-DRIVEWAY RELOCATION PROJECT
Village is unable to receive such authority Village shall notify Owner, project shall not
proceed and this agreement shall terminate.
8. NOTICE;
A. Notice under this agreement shall be considered sufficient when sent by certified mail or
hand-delivered to the Parties during regular business hours at the following addresses:
As to THE VILLAGE As to THE OWNER
Village of Tequesta AC REALTY LLC
345 Tequesta Drive 23 VIA LUCINDIA DR N
Tequesta, Florida 33469 STUART FL 34996 6409
Attn: Public Worlcs Director
B. ATTORNEY'S FEES: In the event a dispute arises concerning this Agreement, the
prevailing party shall be awarded reasonable attorney's fees, including fees on appeal.
C. CHOICE OF LAW; VENUE; WAIVER OF JURY TRIAL• This Agreement shall
be governed and construed in accordance with the laws of the State of Florida, and venue
shall be in Palm Beach County should any dispute arise with regard to this Agreement. The
Parties hereby waive any rights either of them may have to a jury trial in any litigation
arising out of or related to this Agreement and agree that they shall not elect a trial by jury.
The Parties hereto have separately, knowingly and voluntarily given this waiver of right to
trial by jury with the benefit of competent legal counsel.
D. AMENDMENTS & ASSIGNMENTS: This Agreement,all Exhibits attached hereto,and
required insurance certificates constitute the entire agreement and understanding between
both Parties; no modifications shall be made to this Agreement unless in writing, agreed to
by both Parties, and attached hereto as an addendum to this Agreement. The Owners shall
not transfer or assign the services and provision of goods called for in this Agreement
without prior written consent of the Village.
E. BUDGETARY CONDITIONS. All provisions of this Agreement calling for the
expenditure of money by either Village prior to the time actual construction of the Project
begins,are subject to annual budgetary funding. The Village's performance and obligation
to pay under this Agreement is contingent upon an annual appropriation by the Board of
Village Commissioners.
Page 4 of 5
Page 10 of 36
Agenda Item #1.
INDEMNIFICATION AGREEMENT-DRIVEWAY RELOCATION PROJECT
F. ENTIRE UNDERSTANDING. This Agreement represents the entire understanding of
the Parties and supersedes all other negotiations, representations or agreements, written or
oral, relating to this Agreement.
G. RECORDS. The Village and Owner shall maintain books, records, and documents to
justify all charges, expenses and costs incurred or paid by them under this Agreement in
performance of the term of this Agreement, in accordance with Generally Accepted
Accounting Principles (GAAP), as promulgated by the Government Finance Officers
Association from time to time. The Village and Owner shall have access to all books,
records, and documents as required in this Agreement, and for at least five(5) years after
completion of the Project. Both parties shall comply with the requirements of Chapter 119,
Florida Statutes, as it may be amended from time to time.
IF OWNER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER
119, FLORIDA STATUTES, TO US SUGAR's DUTY TO PROVIDE PUBLIC
RECORDS RELATING TO THIS AGREEMENT, PLEASE CONTACT THE
CUSTODIAN OF PUBLIC RECORDS AT THE VILLAGE OF TEQUESTA TOWN
HALL, 345 TEQUESTA DRIVE, TEQUESTA FL 33469 BY E-MAIL AT
lmc: vil➢iains(it,tequesta.org OR BY TELEPHONE AT 561-768-0443
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written.
WITNESSES: AC REALTY LLC
By:
ATTEST: VILLAGE OF TEQUESTA
Lori McWilliams, MMC Jeremy Allen, Village Manager
Village Clerk
(Seal)
Page 5 of 5
Page 11 of 36
Agenda Item #1.
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Page 12 of 36
Agenda Item #1.
WYNN &SONS ENVIRONMENTAL CONSTRUCTION CO. LLC
7268 BELVEDERE ROAD
WEST PALM BEACH, FL 33411 US
+1 5616866077
rick.wynnandsons@yahoo.com
Estimate
ADDRESS SHIP TO ESTIMATE 9556
VILLAGE OF TEQUESTA Mr. Doug Chambers DATE 05/06/2024
357 Tequesta Drive 304 Tequesta Drive
Tequesta, FL 33469 Asphalt&Concrete R&R
pbc annual contract 2020-055 Move Ingress/Egress
ACTIVITY DESCRIPTION QTY RATE AMOUNT
63-005 REMOVE EXISTINGASPHALT(FULL DEPTH)PER SY 80 2.00 160.00
63-007 SHALLOW EXCAVATION (DEPTH <4 FT) PER CY 45 10.00 450.00
63-010 FINISH GRADING PER SY 240 3.50 840.00
63-013 8"BASE INCL PRIME COAT PER SY 260 20.00 5,200.00
63-022 MISC.ASPHALT(0-50 TONS)(INCL TACK)PER TN 30 200.00 6,000.00
63-107 CONCRETE F CURB 37 20.00 740.00
63-108 CONCRETE F CURB REMOVAL PER LF 37 13.50 499.50
63-109 CONCRETE VALLEY GUTTER PER LF 37 22.00 814.00
63-110 CONCRETE VALLEY GUTTER REMOVAL PER LF 37 12.50 462.50
63-124 CONCRETE SIDEWALK(6"THICK")(DRIVEWAY)(8 SY TO 25 200.00 5,000.00
<35 SY)PER SY
63-132 6"CONCRETE REMOVAL PER SY 25 12.50 312.50
63-156 TREE REMOVAL(<12"CALIPER)PER EACH-Hedge 5 1,500.00 7,500.00
63-159 ROOT PRUNING(0"-36"DEEP)PER LF 35 20.00 700.00
63-168 3 CY LOADER TIME PER DAY 5 2,000.00 10,000.00
63-169 1 1/2 CY BACKHOE PER DAY 5 2,000.00 10,000.00
63-179 THERMOPLASTIC PAVEMENT MARKING PER SF Minimum 265 8.50 2,252.50
Charge Thermoplastic
63-181 REMOVE&RE-INSTALL WHEEL STOPS PER EACH 3 45.00 135.00
63-194 SANDBLASTING-FULL DAY- Minimum Charge Sand 1.25 2,500.00 3,125.00
Blasting
DOES NOT INCLUDE MOVING SHRUBS/HEDGE-THIS IS
REMOVAL&DISPOSAL
NOADDITIONAL STRIPING HAS BEEN ADDED SINCE THE
INITIAL ESTIMATE
$54,191.00
Page 13 of 36
Agenda Item #1.
Acc ,d By
Accepted Date
Page 14 of 36
Agenda Item #1.
Proposal
TERRACON 5/31/2024 # 14086
EI 'ICE , INC. 182.41 131st"frail North
(561) 743 -1129 Jupiter, FL 33478
Tillage of Tequesta-Public Works Job Name
345 Tequesta Drive Village of Tequesta- Public WorksTequest
1'equesta, F1, 33469 Tcquesta Dr Train'1'rack 'S(iund Barrier
Our Description Size [Unit Price Totai
Hcdge on castsidc of biding along train tracks(Sound
Barrier)
Option 1
78 Red Tip Cocoplum #7. 1.5 -2.5'oa, 35.00 2.,730M
2,5'oc
24 Labor itr prep and Install Mil )5,00 840,00
Option
03 Red Tip Cocoplum #15, 2..5-3.5'oa, Yoc +65.00 4,225.00
24 Labor to prep and install MH 35M 840.00
Fill in w/sod&cocoplum along Tequesta.Dr. median
infront of old Qn1rance (northeast end of property)
500 Palle St. Augustine Sod s.£ 0.50 250.00
6 Labor to prep and install MH 35.00 210.00
4 Red Tip Cocoplunn 47, 2.5'oe 35.00 490,00
4 i.abor to prcp and install NM 35.00 140.00
Option 1 total $4660.00
Option 2 total=$6155M
Dote: Removal, grading or clean up NOT included in
this proposal
PRICE GOOD FOR 90 DAYS - PROPOSAL TOTAL
.All material and labor are included. In acceptance of this contract,please sign below and return with a deposit equaling 5t}%,of the
proposal a inourit.
Customer Signature.- Date
18241 131st Trail Borth • Jupiter, FL 33478 - 561-743-1129
Page 15 of 36
Agenda Item #1.
VILLAGE OF TEQUESTA
CONSULTING SERVICES WORK AUTHORIZATION
DATE : 6/18/24 VILLAGE RFQ. NO. : UTIL 06-20
WORK AUTHORIZATION NO.13 FOR CONSULTING SERVICES
PROJECT No. G/L CODE:
HOLTZ CONSULTING PROJECT NO.:
PROJECT TITLE: 304 Tequesta Drive Site Plan Modifications
This Work Authorization, when executed, shall be incorporated in and shall become an integral
part of the Agreement for Professional Services dated September 10, 2020 between the Village of
Tequesta ("VILLAGE"), and Holtz Consulting ("CONSULTANT") hereafter referred to as the
Agreement.
I. PROJECT DESCRIPTION
The VILLAGE wishes to have the railroad crossing at Tequesta Drive designated as a Quite Zone. In
order to achieve this designation,improvements must be made to the property located at 304 Tequesta
Drive which include the relocation of the parking lot entrance on Tequesta Drive and a new fire
hydrant on the north property line.
This scope of services provides professional engineering assistance to prepare and submit a revised
site plan for 304 Tequesta Drive depicting the required improvements.
II. SCOPE OF SERVICES
The following is a description of the services to be provided under this Work Authorization.
TASK 1 —SITE INVESTIGATION
Under this Task the CONSULTANT will visit the project site and review existing site plans.
CONSULTANT will make one (1) site visit to the area to review the project with VILLAGE staff,to
confirm the locations of existing water mains and the location of the proposed water fire hydrant, as
well as the location of the existing and proposed driveway entrance.
WORK AUTHORIZATION NO. 13 1 of 3
Page 16 of 36
Agenda Item #1.
TASK 2—DESIGN SERVICES
CONSULTANT shall prepare the amended site plan indicating the proposed improvements. The
existing site plan will be utilized to depict the improvements and no surveying is included in this work
authorization. Construction/bidding documents will not be provided as the VILLAGE will construct
the improvements utilizing VILLAGE staff and/or the VILLAGE'S continuing construction
contractor and any permitting required shall be performed by VILLAGE staff. This task includes all
meetings, site visits, and project management required.
I11. DELIVERABLES
Task 1 -Deliverables:
1. Electronic copy of the site visit meeting minutes.
Task 2 -Deliverables
1. One(1)PDF and one(1)hard copy of the draft site plan.
2. One (1) signed and sealed PDF copy and one (1) signed and sealed hard copy of the final
site plan addressing all VILLAGE comments on the draft site plan.
IV. SCHEDULE
Upon receipt of Notice-To-Proceed the CONSULTANT will complete the services identified in this
Work Authorization within the schedule outlined in Table 1.
Table 1
Schedule
Cumulative
Time to Complete Time to
(Calendar Days) Complete
Ace (Calendar Days)
1. Site Investigation 5 days from NTP 5 days
2. Design Services
Draft Submittal 7 days from site visit 12
Final Submittal 5 days from receipt of comments 22
on the Draft submittal
V. COMPENSATION AND PAYMENT
The CONSULTANT will perform the tasks as outlined in the scope of services for Lump Sum Fee
of $3,950 in accordance with our approved billing rates. Monthly progress payments will be
authorized based on percent complete as determined by CONSULTANT and approved by
VILLAGE.
WORK AUTHORIZATION NO. 13 2 of")
Page 17 of 36
Agenda Item #1.
VI. ASSUMPTIONS
1. All permitting will be performed by the VILLAGE.
2. Construction of the water service will be performed by the VILLAGE.
3. Construction services including permit close-out are not included.
VII. AGREEMENT REFERENCE
The work authorized under this Work Authorization shall be performed under the terms and
conditions described within the Professional Services Agreement dated September 10,2020,by and
between the Village of Tequesta ("VILLAGE") and Holtz Consulting ("CONSULTANT").
Compensation shall not exceed the hourly rates currently in effect under this Agreement.
HOLTZ CONSULTING VILLAGE OF TEQUESTA
By: By:
Print Name:
Title: Date:
WORK AUTHORIZATION NO. 13 3 of")
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