HomeMy WebLinkAboutAgreement_Interlocal_11/12/2015 AGREEMENT REAPPORTIONING BID COSTS
THIS AGREEMENT (hereinafter "Agreement ") is made as of
2015 by and among the Town of Jupiter Inlet Colony
(hereinafter "Town "), the Loxahatchee River Environmental Control District (hereinafter
"District ") and the Village of Tequesta (hereinafter "Village ")
WHEREAS, the Town, District and Village entered into an Amended and Restated
Interlocal Agreement for Joint Participation and Project Funding of the Jupiter Inlet Colony
Neighborhood Rehabilitation dated June 11, 2015, (hereinafter referred to as "Interlocal
Agreement "); and
WHEREAS, in general, the Interlocal Agreement provides for the installation of a
new sanitary sewer system by District, the replacement of pipes, and related appurtenances,
comprising a potable water system by Village and certain stormwater drainage and other
improvements by Town (hereinafter the "Project "); and
WHEREAS, the Interlocal Agreement provides that one contractor will be retained
to construct the entire Project with each party to be financially responsible for its respective
portion or share of the Project; and
WHEREAS, in accordance with the Interlocal Agreement, District has produced
bid documents, solicited bids, and received bids for the Project; and.
WHEREAS, the low bid for the Project was submitted by Giannetti Contracting
Corporation (hereinafter "Giannetti "); and
WHEREAS, the Giannetti bid proposal apportioned the costs of the Project to the
parties to the Interlocal Agreement; and
WHEREAS, the Giannetti bid does not match the proportional breakdown of costs
as projected by the project engineer, i.e., Roadway bid item (a District Project cost) is
proportionally less of the total bid amount while the Potable Water bid item (a Village
Project cost) is proportionally more of the total bid amount than the engineer's estimate,
thereby skewing the parties financial responsibilities; and
WHEREAS, it is the intent of the parties to this Agreement to reapportion certain
costs out of the Potable Water bid item and into the Roadway bid item in order to more
accurately allocate Project costs to the appropriate party.
NOW, THEREFORE, in consideration of the mutual covenants, promises, and
representations contained herein, the parties agree as follows:
Section 1. Recitals.
The above recitals are true and correct and are incorporated herein.
Section 2. Reapportionment of Bid Costs.
The parties agree to reapportion $317,525.00 from the Potable Water bid to the
Roadway bid item. Notwithstanding the allocation set forth in the Giannetti bid, the parties
agree that with respect to the Interlocal Agreement the bid amount for Potable Water shall
be $1,421,328.00 and the bid amount for Roadway shall be $1,272,010.00. The parties
shall remain responsible for their respective contract payments in accordance with the
terms and conditions of the Interlocal Agreement and based upon the Reapportioned
Giannetti Bid amounts shown in the attached Exhibit A.
IN WITNESS WHEREOF, the undersigned parties have executed this Agreement
on the day and year first above written.
TOWN OF JUPITER INLET COLONY LOXAHATCHEE RIVER DISTRICT
BY TS TOWN WMMISSION BY ITS GOVERNING BOARD
Dr. Daniel J. ltomerford.,A Stephen B. Rockoff
MAYOR CHAIRMAN
ATTEST: ATTEST:
TWN CLERK D. Albrey Arrington, PhD
DISTRICT CLERK
APPROVED AS TO FORM APPROVED AS TO FORM
AN GA , ENICY AND LEGAL SUFFICIENCY
William P. Doney, Esq. Curtis Shenkman, Esq.
TOWN ATTORNEY DISTRICT ATTORNEY
TOWN Date: AY / p E ! , 2015 DISTRICT Date: 1 2015
VILLAGE OF TEQUESTA APPROVED XkTO FORM
-BY IT* VILLAGE COPTNCIL AND L UMQIENCY,
Abby B nnan erth W. Davis, Esq.
MAY R VILLAGE ATTORNEY
ATTEST: .,.`,..f
T�;•_(s� VILLAGE Date: K) db. I �. , 2015
VILLAGE CLERK = :' 6 LA L
Lon WWiCCilnS INCORPORATED
OF F'a..�. "`
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EXHIBIT A
Engineer's Engineer's Giannetti Giannetti Reapportioned Reapportioned
Estimate Estimate Bid Bid Giannetti Bid Giannetti Bid
Work Category ($) (%) ($) ( %) ($) (%)
General $ 576,535 7.6% $ 898,000 9.6% $898,000 9.6%
Potable Water $ 1,299,217 17.1% $ 1,738,853 18.6% $1,421,328 15.2%
Waste Water $ 2,652,078 34.9% $ 3,472,594 37.1% $3,472,594 37.1%
Storm Water $ 1,240,285 16.3% $ 2,053,720 22.0% $2,053,720 22.0%
Roadway $ 1,659,177 21.8% $ 954,485 10.2% $1,272,010 13.6%
Entrance $ 177,187 2.3% $ 233,673 2.5% $233,673 2.5%
Total $ 7,604,479 100.0% $ 9,351,325 100.0% $ 9,351,325 100.0%-