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Home My WebLink AboutResolution_21-16_08/11/2016 RESOLUTION NO. 21-16 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, INCREASING THE 2015/2016 WATER UTILITY #401 BUDGET BY APPROPRIATING FUND BALANCE IN THE AMOUNT OF $495,000.00 TO FUND THE CONSTRUCTION OF THE JUPITER INLET COLONY NEIGHBORHOOD REHABILITATION PROJECT, SPECIFICALLY THE WATER LINE REPLACEMENT; AND AUTHORIZING THE VILLAGE MANAGER TO PROCEED ON BEHALF OF THE VILLAGE PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES; WHEREAS, the Village of Tequesta, the Town of Jupiter Inlet Colony, and the Loxahatchee River District 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; and WHEREAS, 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; and WHEREAS, the amount was not fully budgeted in the 2015-2016 Water Utility Fund #401 and funds need to be appropriated to cover the reapportioning of certain bid items of the proj ect; NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1 Resolution No. 21-16 is hereby approved increasing the 2015/2016 Water Utility #401 budget by appropriating Fund Balance in the amount of $495,000.00 to fund the construction cost for the Jupiter Inlet Colony Neighborhood Rehabilitation Project, specifically the water line replacement in the Jupiter Inlet Colony and authorizing the Village Manager to proceed on behalf of the Village providing for severability; providing an effective date; and for other purposes. Section 2 This Resolution shall become effective immediately upon passage. AGREEMENT Ri;AYPORTIONING BTD COSTS THIS �1GREEMENT (hereinafter "Agreeme�it") is made as of � �� '� �� ',' , , 2015 by and among the T'own 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 Inter(ocal Agreement for Joint Participation and Pi Funding of the Jupiter Inlet Colony Neighborhood Rehabilitation dated June 11, 2015, (hereinafter referred ta as "Interlocal Agreement"); and WHEREAS, in general, the Interloca( Agreement provides for the installation of a new sanitary sewer system by District, the reptacement of pipes, and re(ated appurtenances, comprising a potable water system by Villa�e �nd certain storm�vater drainage and ather improvements by Town (hereinafter the '`�'roject"j; and WHEF�AS, the Cnterlocai �a�re;L�r�ent �rovides that E�ne eantractor �*✓ill be cetained to construct the entire Project with each �,arty to be tinancially responsible for its respective �ortion 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, ttte low bid for the Project was submitted by Giannetti Contracting C;or��oration (hereinafter "Giannetti"); and WHEREAS, the Giannetti bid proposaf apportioned the costs of the Project to the �arties 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 iterr� (a District Project cost) is proportionally less of the total bid amount while the Potab(e Water bid item {a Vi(lage Project cost} is proportionally more of the tota( 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 Potabie Water bid item and into the Roadway bid item in arder to more accurately allocate Project costs to the appropriate party. NOW, THEREFORE, in coixsideration of the rnutual cevenants, promises, and representations contained IZerein, the parties agree as folio�vs: Section l. Recita(s. �I abov�e recitals are true a:�cl co�rect arrc� are ineorporated herein. � I i �:cc�.teor�i '�`. I:eapp�riionment of Bid C'osts. i i l�e parties agree to reapportion $317,525.00 from khe Potable Water bid to the I:oac��ay bid item. Notwithstariding the allocation set f�rth in the Giannetti bid, the parties ' agree that with respect to the Interlocal Agreement the bid amount for Potable Water shali ue $1,421,328.00 and the bid amount for Road��ay shall be $1,272,010.00. The parties j sha(l remain responsib(e for their respective contract payments in accordance with the terms and conditions of the Interlocal Agreement and based upon the Reapportioned � �ia�z�e�ti ��3id amu��t�ts shown in the attached Extlibit A. I � i?�` WIZTdESS WHEREOF, the �indersigned parties have executed this �lgreement ' e�z� �hc day and year first above written. � � TOWN OF JUPITER NLET COLON�' LOXAHATCHF,E RIVER DISTRICT BY � S TOWN ��MIv1I ION BY I'I"S GOVERNING BOARD , , � ` i _�' ' f � , � ,) � �'� • � F ��;�.;-, �) � �:�, I i�i-. Daniel J. omerfo ,,, I �Xq�yqty�3«�Cp�'� ordon M. soggie I �IAYOR vICE CHAIRMAN �1�ON t^.TTEST: ATTEST: �� 1 ,� � � � ( � � �,. ' e '""' . .. � � '� �� t� i r I� S �. . �, i j .. � �� '� . i'OL�IN CLERK —_-- Albr Ai • n n, PhD � ' � DISTRICT C��RK � � �,, ; A�'PI�C)VEI7 AS 'I'O Fi)R�1 �PPROVED AS TO FORM �� A�D jI,ECsA�. SUF'FICZENCY AND LEGAL SUFFICIENCY p , s � `� � � F /�� " ✓ ��..., _ i � �}�- _ _ ti�illiam P. Doney, Esq. Curtis Shenkman, Esq. "I"OWN ATTORNEY � DISTRiCT ATTORNEY "T'OVl' ��' ��ate: _ �_ � , 2U 15 DISTRICT Date: ' � , 201 S '�'1�,LAC��: C)�' ��:Qt_.1ESTA APPROVEq AS�'�'C1 FORM E3Y IT VII�LAGE UNCLI, AND,�E.�',�rAL SUF�NC°� � . . , ' I�>�:= � � � �� . - � ,` :%'' ? ..—,!--�—: �`"=:,�—,._ '; . A. y rennan Keit(� W. Davis, Esq. i��1fiY,bR VILLf1GE ATTORNEY .�1"[ TEST: � - .. �, F � .,. f t � r-� n ,�} f�A. ��(,(�+`.p.C,��` ��:.�.��ILLAGE Date: U i�. 1� , 2015 l'II,I�AGE CLFRK ��. ��.= �� S:� � ., .�, � ;.� �: . —r,� :._ . . , � s •. ...- , � i �� —:, : _` ,�a, � :,f:., r. I � , EXHIBIT A Engineer's Engineer's Giannetti Giannetti Reapportioned Reapportioned Estimate Estimate Bid Bid Giannetti Bid Giannetti Bid Wark Category ($) (%) ($) (% ($) (%) GeneraI $ 576,535 7.6% $ 898,000 9.b% $898,OOQ 9.6% Pota.bie 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,�94 37.1% Stotm Water $ 1,240,285 I6.3% $ 2,053,720 22.0% $2,453,720 22.0% Roadway $ 1,659,177 21.8% $ 954,485 I0.2% $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% - SECOND AMENDEn ANC3 RESTATED INTERLQCAi AGREEMENT BETMfEEN THE TOWN OF 1UPiTER lNilE7 CClLONY, FtORlDA, AND TNE LOXAHATCHEE itlVER ENVtRONMENTAL CONTitOt O{STRiC7; AND THE VtlLAGE OF TEQUESTA, Fl4RiDA FOR JOIN7 PARTICiPATtON ANO PR0IECT FUNDtNG OF THE TOWN QF JUPITER INLET COLC?NY NEIGNBORHDOD REHABILITATION PROJECT' Th#!S SECONU AMENDED ANO RESTATED tnteriocal Agreemsnt (here+nafter "Agreement"}, is mad� as of the `� t, day ofi November, 2015, by and amang the Town of lupiter inlet CaCony, a municipa! torparatian of the 5tate af Fiorida (hereinafter "TOWN"j, the Loxahatchee River Enviranmental Cvntro( District, a special district independent gavernmenta! entity existing under the laws of the State of Florida (hereinafter "QfSTR1CT"j, and the Vifiage of Tequesta, a municipal corpeara#ian of the 5tate of Fiorida (hereinafter "V(LLAGE"), each constituting a pubfic agency as defined in part i af Chapter 163, FCor+da Statutes. This Agreement amends and modifies the Amended and Restated interlocal Agreement between the Parties for jc�int part'scipation and funding of the Jupiter I�let Colony Neighborhoad Rehabilitation Praject, which is dated lune 11, 2015. Notation in this Agreernent that a particular pravision "Sha11 remain in full force and effect as previnusly agreed" shali refer to the language contained in the .lune 11, 2015 Amended and Restated lnterlocal Agreement. WFlER£AS, the Loxahatchee River is a federally designated wild and scenic river protected by Federal faw, State law and local f�w; and WHEREAS, the Town a# Jupiter iniet Colony is a municipa( corporation existing under the laws of the State of Flo�ida; and WHEREAS, the Laxahatchee River Enuiranmental Confirol Qistrict is a multicounty, independent special district of the State af Florida created by Chapter 71-822, [aws af Ftarfda, with a genera! objective af preserving and protecting environmental fiealth and public health throughout the Loxahatthee River Watershed; and WHEREAS, the Village of Tequesta is a municipat corpora#ion existing under the (aws of the State of Fiorida, which provides potabEe water to the Town of lupiter Inlet Calnny; and WHEREAS, neight�orhood sewering is an important component o# the camprehen$i�e approach needed to address river water quaiity, ground water quaiity, and the health of the carnmunity and naturai resources in the Loxahatchee River Watershed. NOW TttEREFORE, in consideration of the mutual eovenants, promises and representations contained herein, the parties agree as follows: Section 1. Recitals [5hall remain in full force and effect as previously agreed] Sectian 2. Proiect and Work to be completed by the DISTRICT: D15TRICT shall provide design, permitting, constructian and administrative services to the lupiter Infet Colany t�eighbarhood Rehabilitation Project ("PRt31ECT"), which will include (a} construction of a gravity sewer sys#em inciuding one ar�-site Eift station, (b} repfacement of the existing potable water system, (c} rehabilitation of and impravements to the existing stormwater system, (d} raad restoration, and (e) recon#iguration of the entry raad. The PROlECT is rnore specifically described tn the set of 8id Documents which has been produced pursuant to Section �. B. of this Agreement, and which is attached hereto and intorporated herein as Exhibit A. Nothing contained in the description of the Work ta be campleted by the DISTRICT shafl be canstrued as prevenfiing flr proh+biting the VILLAGE or the TOWN from auditing and approving or rejecting proposed consiruct+on change orders ta their respeetive infrastructure as contemplated by Section 4. H. of this Agreement. Section 3. Proieet Seope: (Sha11 remain in full force and effect as previausly agreed] Sect+on 4. Responsib+lities and puties. A. DiSTRiCT has executed shail execute a single Engineering Seruices Contract with ARCADlS U.S., tnc. The scape af this contract has been rnufivaEly agreed agreeable to by the DISTR(CT, the TOWN, and the VILLAGE, and encompasses the fuii Project scope. The Engineering Services Contract inciudes shalf include Plans and Contract Documents for the Praject construction andJor rehabilitation of gravity sewer, potable water, stormwater, and road work, and specifies shal! specify casts far the DISTRICT, the TOWN and the VII�AGE. B. DI57RlCT has produced Bid C�ocuments based upon the Plans and Contract Dacuments from #he Engineering Services Contract which sha�# encompass the fuli Project scope. The Bid Ugcuments have been reviewed and approved by the TOWiU and the VlLLAGE, and are attached as Exhibit A. C. [Shall remain in full force and effect as previously agreed� D. DiSTRICT shall administer, construct, and inspect the Praject in accordance with the Bid aoeuments. Nathing contained in the description of the Responsil�ilit�es and Duties of the DISTRICT shali be construed as preventing or prohibiting ihe V1LlAGE or the TOWN from auditing and appravin� or rejecting proposed constructian change orders to thetr respective infrastrutture as contemplated by 5ection 4. H. of this Agreement. E. Costs sha11 be baseci upon actual contract costs using contract unit prices, actua! constructed quantities, andjor equitable pro rata distribution of such costs (e.g., far generai canditions, mobilizatian, maintenance of traffic, etc). Equitable prv rata distribution shal# mean 50% District; 3S�o Village; 15°lo Town uniess otherwise agreed ta in writing. Quantities wiil be measured by the DiSTR1CT with concurrence by the TOWN and/or the VILl.AGE. The Rev+sed Agreement Reapportioning Bid Costs between the DISTRICT� ths TOWN and the VILIAGE furthef defines and clarifies the actual doliar amaunts #or which the DISTRICT, th� TOWN and the VILIAGE are to be responsible, noiwithstanding change orders per Section 4H. In the event of any cQn#lic# between the Reuised R�apportionment Agreement and any other docurrtented figures or expenses contained in this Agreement the Bid t?ocuments, the lowesi responsive, responsible bid, the Canstrucfiion Contract, or any ather documentation that is assaciated with the Project, the Revised Agreement Reapportioning Bid Costs shall govern. The Revised Agreemen# Reappartioning Bid Costs is attached hereta and incorporated herein as Exhibit C. �. TQWN �ha(I reimbur�e the DISTR(CT any casts attributable to the starmwater system improvemen#s in accardance with Sections 4E and 6. T�WN shall reimburse the DISTRICT any Casts attribufiabie to reconfiguration af the entry way. VILLAGE shali reimburse the DISTRICT any costs attributabie tp potabie water rehabilitation in accgrdance with Sectians 4E and 6_ G. [Shall remain in full force and effect as previous4y agreed] H. DiSTRICT shafl obtain advance written approval from the TOW(� far change order costs that are attributed to the stormwater system improvements as more #u(ly described in Section 3C of this Agreernent that increase the cost attributab4e to said Wark to an amour�t greater than specified in the Revised Agreement Reapportianing Bid Costs. 7he VILLAGE shall not be responsib(e for any such change arders. �ikewise, the DISTRiCT shafl obtain advance written approva! from and/or the VI�LAGE, thraugh and by the Village Manager or his de�ignee, for change order costs that are attributed to the replacement of the existing potable water infr�st� as more fuliy described in Sectian 36 of this Agreement that increase the cost attributabfe to the VILLAGE's Wark to an amount greater than sp�ecified in the con#racied amount. The T�3WN and the DiSTRICT shafl not be respon�ibie for any such change orders. Approval by either the TOWN or the VlLLAGE shafl not be unreasonably withheld. The T�W(U and/or the VILi..AGE shall be responsible only for their respective change order costs as described above, including any costs associated with the 70WN'S and/or the VlLLAGE`S respective failure to approve change orders in a timeiy enanner. Notwithstanding anything contained in this Agreement to the conirary, The ViLLAGE shall only be responsible far change arder costs that are attributed ta the VfLLAGE's Wark to replace the existing patable water infrastructure, as more fuily described in Sectian 38. Additionaily, and notwithstanding anything contained in this Agreernent ta the contrary, tne TOWN and the VIL�AGE shail have the right to review and audit any change order requests that increase the cost attributable to their own respective Wark as contemplated by this Agreement, and ta revise such change arder requests in order to reduce or eliminate such cQSt increases, based on the documented professional opinion of the TOWN's or the ViC.LAGE's respective engineers, as applicable, that establishes a tost savings alternative to the proposed change order thai daes not eompramise the quality of the Pro)ect as contemplated by the Construction Cantrac#. Any such documented revision shatl not be +deemed to be an unreasonabie withholding af approval. I. [Shall remain in ful! force and effect as previously agreed] J. (Shall remain in full force and effect as previously agreed] K. [Shall remain in #ull farce and effect as previously agreed] Section 5. Plannin� and ►mplementation: A. Through and including M. (Shall remain 'rn ful! force and effect as previous{y agreed� N. DISTRlCT wilf make all reasonabie efforts to begin constructian in Apri#, 2416. P. through and (neluding Q, (Shal1 remain in full force and effect as previausly agreed] Seetipn 6. Payrnents/Invaicin� and Reimbursement: The DiSTRICT wi(I invaice the TQWN and/or the VILLAGE tin a periodic basis during construction of the Project. The TJW�t and the VIL�AGE agree tc� provide to the DISTRICT reimbursement funding far documented costs for the Project pursuant to cost respansibilities estabiished in Sections 3 and 4. Upon the DISTRICT'S submission of acceptable documents needed ta substantiate their costs fiar the Project, the TOWN and/or the VlLLAGE wilf use their best e#forts to prouide said funds t4 the DISTRkCT on a reimbursement basis withir� thirty t30) days ofi receipt of all required dacuments. The DISTRIC7 shait s�bmit ali inVaices to the TC}WN and/ar the VlI.LAGE identifying the wark cornpleted, including the D15TRICT'S totai expenditure for the Project, and identifying the arnQUnt attributable to ihe wark completed based up�n the executed Constructian CanTract. The DISTRKT sha19 supply any fu�ther dr�cumentatian such as copies of paid receipts, canceled checks, invoic�s and other dacuments d2emed necessary by the TC?WN andfflr the VILLAGE within faurteen {14� calendar days of requesfi by the TOWN and/or the VILLAGE. (nvoices received fram the �1STR(CT will be reuiewed and �pproved by the TOWN and/or the Vi1.LAGE to insure that expenditures have been made in conformity with this Agreement. invo+ces wi{1 narmally fae paid within thirty (3U) days foilowing approval. The Project will be administered by tF�e DiSTRICT. Casts relating to the Project are eligible for reimbur5ement by the TOWN and/or the VILIAGE pursuant to the terms and conditions hereof, Additionally, any ccrst savings attributable to unit pricing overestimates or any ather reasan, relative to construct+on ofi the stormwater system shaP1 be the sole benefit of the T�WN. 1.ikewise, any cost savings attributable to unit pricing overestimates or any other reason, relative to construetion of the potable water system s1�a11 be the sale benefit of the VILLA�E. 1n the event the D15TRICT ceases or suspends the Project for any reason, the Tt?WN and/or the VILIAGE wi44 reimburse the D(STRICT for the work corr�pieted for the Project; prnvided, the RiS7RICT sha#1 eease or suspend the Projeet only in #he event of an act of God or some other unforeseen or eatastrophic event, Section 7. Sewer Assessment [Shall remain in full force and effect as preuious4y agreed] Section 8. Credits (arants and Fees: (Shall remain in fu!! fcsrce and effect as previously agreed] Section 9. Connection to Sewer [Shail remain in fuil force and effect as previously agreed] Sectifln 30. Definitions [Shali remain in fu11 force and effect as previausfy agreed] Sectian 11, Access and Audits {Shal! remain in full ft�rce and effect as previausly agreed] Section 12. inde�endent Contractar: [Shall remain in full force and effect as previousiy agreed� Section 13. Personnel [Shall remain in fuli force and effeet as previously agreedj Section 14. �urther Litigation and ke�al Challeng,es: (Shali remain in fuil force and effect as previousiy agreedj Sectian 15. �ndemnification [Shal1 remain in full farce and effect as previously agreedJ Section 16. Annua! A ro riatian: [Shali remain in full farce and effect as previausly agreed) Section 17. Breach and Upportunity ta Cure: (Sha{1 remain in full force and effect as previously agreed) Section 18. Enfarcement Costs [Sha!! remain in full force and effect as previously agreed] Settion T9. Notice [Shaii remain `sn fuil force and effect as previously agreed] Section 2�. Madification and Amendment [Sha{1 remain in full force and effect as previous{y agreed] Section 21. R�medies �Shail remain in fu(E farce and effect as previousfy agreed] Section 22. Na Waiuer (Shal[ remain sn fuil force and effect as previously agreed] Section 23. loint Preparation: �Sha11 remain in fu{I force and effect as previously agreed} Sectian 24. Eaual �pportunitv: [Shal! remain in fu(1 force and effect as previously agreedj Section 25. Execution [Shail remain in full force and effect as previausly agreedj Section 26. Recordin�: [Shail remain in fufl foree and effect as previously agreed] Section 27. Termination [Shall remain in fuil forc� and effeet as previousfy agreed) Section 28. Pubiic Ent+ties Crime Certification [Shall remain in full force and effect as previously agreed] Sectiqn 29. Seuerabilitv: [Shail remain in fuN force and effect as previausly agreed� Section 3�. Entiretv of A�reement: [Shall remain in full force and effect as previously agreed� Seetion 31. Surviva� [Shail remain in fuii force and effect as previousfy agreed] Section 32. Term [Shall remain in fuli force and effect as previously agreed} IN WiTNESS WHEREOF, the undersigned parties have executed this Second Amended and Restated Interlocal Agreement on the date first written above. ;N WITNE55 WHEREOF, the undersigned parties have executed this Agreement on the day and year first above written. TOWN OF 1UPITER INLET COLONY LOXAHATCHEE RIVER DISTRICT BY 5 TOWN C MISSION BY ITS GOVERNING BOARD � a�l � �--�%-y��. �� h. v� Dr. Daniel J. omerfo , III �,t��f�/�'./Fj(qrc.�c¢ff/ Gordon M. Boggie MAYOR VICE CHAIRMAN �v�AON� ATTEST: ATTEST: ,�r M , �� \ ` �"; _i r � i � � t � ' � TOWN CLERK . Albrey rrin ton, PhD x � DISTRICT CLERK �� p . yy` �� APPROVED AS TO FORM APPftOVED AS TO FORM �� 1971 y� AND �EGAL�SIyF�KtE1VCY AND LEGAL SUFFICIENCY � ��P1,.,��' i °`� '°� ' ^- s, / � „ / �_� �"�- � i �� — .. Wiiliam P. Doney, Esq� £ Curtis Shenkman, Esq. TOWN ATTORNEY '� � DIS7RICT ATTORNEY TOWN Date: ��. � , 2015 DISTRIC7 Date: � � �'��"� � � , 2015 VILLAGE OF TEqUESTA APPROVED 5 T RM BY ITS VILLAGE COUN�IL AND LE FFICI ; � f 1 S � � � , �� ' .:ti .� =t-.:,,, Abby Brennan � � eith W. Davis, Esq. - MAYOR VILLAGE ATTORNEY ATT E ST: J1 �-' '!�(�}�.L�(.(�/Y�-- VILLAGE Date: VV�lJ• �� , 2015 VI�LAGE CLERK �.�s ( i ll�''� � l.v i l 1 i Gt,m � Exhibit A. Praject Bid Dcacuments are incorporated herein by reference. Exhibit B: [ShaE{ remain irt fu{# force and effect as previousiy agreed] Exhibit C: The Revised Agreement Reapportroning Bid Costs is incorporated herein by reference. RESOLUTION 21-16 MOTION SECOND Vice-Mayor Vince Arena Council Member Frank D'Ambra VOTE FOR AGAINST ABSENT ADOPTION ADOPTION Mayor Abby Brennan � � � Vice-Mayor Vince Arena � � Council Member Steve Okun � � � Council Member Tom Paterno � � � Council Member Frank D'Ambra � � � The Mayor thereupon declared the Resolution duly passed and adopted on 11-Aug-2016 MAYOR OF TEQUESTA , • ATTEST: c` ��,,,,, ,„,,,,, � - `, Ca....... T�,�,, (31.c. �E,(,c,� �c,C�; �� G�� pG"= Lori McWilliams, MMC = ' ��N� Village Clerk ` :�N�OR��- �D= - ° ATFp : - �Nj; `� ; -,;9 .F4 1g�:�'� .,'''` ,,,�� . ��QP,. F FLO "'��,,,,, �� ,,,,,,,,,,