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HomeMy WebLinkAboutMinutes_Regular_04/23/1979u MINUTES OF THE MEETING OF THE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA April 23 , 1979 A Meeting of Florida, was held Village Hall, 357 members present w~ Also present were Village Clerk and the Council of the Village of Tequesta, at 7~3C P.M., Monday, April 23, 1979 in the Tequesta Drive, Tequesta, Florida. Council- ~re Brown, Cook, Mapes, Ryan and Yoder. Robert Harp, Village Manager, Cyrese Colbert, John C. Randolph, Village Attorney. The opening Prayer and Pledge of Allegiance to the Flag was given by Mayor Brown. There were no announcements, Brown asked that, Gonsolidation of Palm Beach County Fire Control Districts, be first under "Time for Visitors" and that, • Financing of the Drainage and Street Resurfacing Program be added to 2d. Both amendments were approved by Council, The Minutes of the March 27, 1979 Council Meeting were received with two (2) corrections made by Council. The Minutes of the April 3, 1979 Council Meeting were received by Council with no corrections. Mayor Brown commended the Village Clerk on the job well done on the April 3, 1979 Minutes. Under the Village Manager's Report for April 1, 1979 to April 21, 1979 Brown asked under item ~ 95, if the Village would get credit from the Jupiter Water System for the 1,901,000 gallons of water that Tequesta was asked to pump from the Village's wells for seven days during the first twenty-two days of April, 1979. The Village Manager told Council he would check into it. Mapes asked the Village Manager about item ~Z~'. Item ~2F~ stated that a letter had been sent to the Village Attorney about annexation of the JIB Club because the owner of the JIB Club had advised that the County had approved their request of rezoning classifi- cation to that of County RH, which. is Multiple Family District. P~iapes asked if this was an indication that JIB Club would like to be anne~ead into the Village. The Village Manager answered yes. Under item X49 Mapes asked the Village Manager if the Village has received a reply from Palm Beach. County on the possible financial participation in the cost of the drainage canal and culvert improvements at Riverside Drive. The Village Manager replied that he had not received any word from the County as of yet. Mapes also asked if the Village would receive a Site Plan 04-23-7Q -02 on the proposed revisions to Burger Chef, The Village Manager's Report was received. Under the Financial Statement for R4arch, 1979 Mapes asked if the budget figure could be added to the Excise_Tax Revenue Fund Statement. The Village Manager said it would be done in the future, The Village's Financial and Water Department Financial Statements were received, Mr. Arthur C. Barr, Fire Control District No. 1 Commissioner, was present to discuss the proposed consolidation of County Fire Control Districts. Mr. Barr told Council that Tequesta, Jupiter Inlet Colony and Jupiter supply ~0;~ of the revenue collected by the Fire District. There are three (3) people selected as the Commissioners for each fire district. They are selected by the Governor and they receive no pay. Two (2) mills is the maximum allowable tax. This District's millage rate is 1.76. It is one of the lowest in the area and we receive no other financing. There are some 33 people employed by the fire district; Mr. Barr pointed out. Ne said there were some fire districts who were trying to bring the paramedics their operations but this area is fortunate to have the North County Ambulance Squad, Pair, Barr said that Palm Beach County Commissioner Gregory is trying to unify the Fire Districts into one County Fire District, such as the Sheriff's Department. 1~'s, Barr does not like this idea and other Fire District's do no like it either, Mr. Barr said he felt that this will increase cost • and that people in the area should have a voice in the matter. He feels that the Village of Tequesta, Jupiter Inlet Colony and Jupiter should send a letter to the Palm Beach County Commission stating that they like the district ,just the waY it is. hfayor Brown told Council that he would like to take Council1s stand on this matter back to C.O.G. for their next meeting. Mapes moved, "that the Council strongly recommend that we continue as we are now with the Fire Districts.in the kind of operation in Fire District ~1 and that the Mayor express that feeling in the best manner he sees fit and that the same feeling be expressed at the COG meetingt1. Cook seconded and vote on the motion was: Brown -f o r Cook -for Mapes -for Rya n -f o r Yoder -for and therefore the motion was passed and adopted. Mr. John Giba, Planning Consultant, told Council that the Village had received a letter from R.G. Whittle, Jr, State Planning Director, dated March 12, 1979, stating they had reviewed the Village's Comprehensive Plan and it appears • adequate to satisfy the statutory requirements. The Division of State Planning had no comments or objections to the plan. The Department of Natural Resources felt the plan was adequate to meet requirements of Section 163.3161-3211, Florida Statutes, 04-23-79 -C3 but their staff suggested, 'T(1)that the Recreation and Open Space Element could be improved by including some general information ~' to explain the element". NIr. Giba said that in a letter dated March 14, 1979, from the Treasure Coast Regional Planning Council, they gave us their approval without taking any issue on our goals or objectives. Mr, Giba said if it pleases the Council to accept the revisions then it would be appropriate for the Council to approve the changes. Mapes moved, "that the Council approve the 1, Revised Table of Contents (i) 2, Revised Section 6.0 Recreation/ Open Space (pages 6.1 - 6.6) 3. Revised Section 9.0 Water System (pages 9,1 - 9.6) ~., Revised Section 14.0 Economic/Fiscal (pages 14.1 - 14.9) and 5. Revised Appendix Ill (i) (Comprehensive Development Plan)", Ryan seconded and vote nn the motion was: Brown -for Cook -for Mapes -for Rya n -f o r Yoder -for and therefore the motion was passed and adopted. Councilmembers Yoder and Cook and Mayor Brown discussed with Giba the annexation by Jupiter of 151 ocean-front acres owned by the Juno-Radner Corporation. Palm Beach County Commission and some staff members opposed the annexation by Jupiter because Jupiter's maximum density is eight units per • acre which the County feels is excessive. The County feels this would burden the entire area because of the excessive density. Yoder expressed his belief that whomever causes impact in a certain area should bear the cost of the impact. Brown said that he had asked Giba to appear at the COG meeting to speak against the annexation of the Juno-Radner area. Brown said that he has talked to COG for two (2) years about a "Growth Committee", but nothing has ever developed from it. Giba told Council that two days after the letter was sent to Martin County on the Martin County Connector road a meeting was called. Giba and Mr. Moore were in attendance. Giba said that only legal steps can now be taken to get the connector road. Martin Countyfs legal staff are working on some of the ideas given them by Mr. Moore and Giba. Mr. John McKune, Gee & Jenson, told Council that the water distribution pipe across Tequesta Drive bridge is made of asbestos-cement that has a leak and it has to be fixed, There is no water running through the pipe at this time, Gee 8c Jenson has plans to submit to a contractor for the job, E.N. Murray, Inc. cost for replacing the pipe is $21,739.00 and Mr. McKune feels it is a good price. He said that this will be the only additional work for E.N. Murray, Inc. to do. Since E.N. Murray is currently doing work for the Village Water Supply and Distribution • System Improvements a Change Order No. 4 was cut. Mr, McKune said that the time to complete the contract was extended to 115 calendar days from the date of execution of the Change Order. (1) letter dated 3 /9/79 attached to the Dept. of Admin, letter dated 3/12/79, 01~-23-79 -04 Ryan moved, "that we accept this Change Order No. ~.". Mapes seconded and vote on the motion was: Brown -for Cook -for Mapes -for Rya n -f o r Yoder -for and therefore the motion was passed and adopted. Mr. McKune told Council that Mr. Wise could not be present because he had urgent business at home. Mr. McKune told Council that he had two sets of plans that he could leave and he gave out a copy of the basic Bid Documents.to the Councilmembers. Brown said he has received many letters and telephone calls in reference to the drainage program. He gave a summary of what the Village has been doing in the drainage and resurfacing program. He explained that first the TJillage contacted Robert E. Owens to give us an idea of the amount of cost the Village would be dealing with. Robert E. Owens said it would cost in the neighborhood of $150,000, to do the work. At that time the Village went out for bids to get an Engineering firm to do` the engineering job. Unexpectedly on November 11, 1Q7~ the Village was hit with a rain storm, then exactly one month later another rain storm hit on December 11, 197?. These storms pointed out the • weakness in our system. All of a sudden Gee & Jenson realized that it was no longer a` drainage-prabiem--bat°~it~°had-turned i~rte~-a-reatzr~aerng,-prngram~. In the Dover Circle area there was heavy flooding in some of the homes. The Country Club area did not escape its hand of fate, for it also received heavy flooding and the only relief for the Country Club area was the Country Club golf course ponds. These ponds were used to pump waters from flooded areas into the ponds, therefore using them as retention ponds. Gee & Jenson met with the people from the Country Club and they have consented to modi- fications of the ponds. The Country Club has stated that the work must be done by June, July or August on the Country Club golf course because the winter members of the Club would start arriving after August. Mr. NTcKune told Council that por:d ~5 will receive water from Country Club Drive and Fairway North, this pond is scheduled for enlargement. The enlargement has to be done for the retention. Certain swales will have to be regraded to empty into pond ~6. The priority list is now 1. Country_ Club Drive (because ENCON is presently working in that area) 2. Dover Road and 3. Country Club Golf Course improvements. Brown asked Mr. McKune what Gee 8c Jenson plans where for Golf view Drive and River Drive. Mr. McKune said that new pipes were to be laid underground. He also said that D.E.R. and the Army Corps of Engineersare the two departments that the Village will have to go through to get approval to empty the rain fall-off into . ~_., z. ~ ~-. {, o~.-z3-79 -n5 the river. Yoder asked Nir. McKune if Gee & Jenson were proceeding with obtaining the permits for the water drainage into the river. Mr.McKune replied they were. Mr. McKune reviewed the proposed schedule for bidding, review, award and construction for Country Club Drive resurfacing and drainage improvements. The completion date is scheduled for July 14, 1979. Mr. John Giba, speaking as a resident, said that he has listened to these reports, but at each. meeting he sees a new face each time. He said that he doesn~t think there is a scheduled plan yet. He feels the Village is taking one step forward and two steps back. Giba told Council that the Village is not going to get what it wants. Giba also felt that the roads would be dug up and in disrepair at the height of the seasor_. Mapes pointed out that this program revolves around t'ne need for money. Mr. Larry Zielinski, resident, expressed his concern that the blockage still exist in the drainage canal and that Gee Rc Jenson is aware of the problem but nothing has been done. Dick Hutchison, resident, told the Council that the Village needs an expediter to crack the whip to get the drainage and street resurfacing work done. • The Village Manager told Council of the memorandum that was sent to them on April z0, 1979, advising of various methods of financing offered to the Village for the drainage and: street resurfacing program. The first item was "Special Assessments", which the Village Attorney was to speak to and Joe B. Wise, William R. Hough & Company will speak to "Revenue Bonds". The Village NTanager said the General Obligation Bonds are payment whose full faith and credit of the municipality are pledged. The Farmers Home Administration Loan are guaranteed, insured loans that can be used for drainage or irrigation for rural residents or farmers. The cash "Pay As You Go't basis would provide for letting of contracts with cost to be paid from additional ad valorem taxes. The current milla~e rate would probably have to be doubled. The Village Manager explained that the money from present and future excess Water Department Revenues could be used. The Village Attorney told Council that under Florida State Statutes 170 the Village could use special assessment since the Village would be providing for construction and repairing of drains and streets in certain areas that would benefit from the improvement. The Attorney told Council he was not advocating "Special Assessment", as a way of financing, he was dust letting them know how and what had to be done, He also pointed out that a Equalizing Board to hear complaints and to adjust assessments would have to be set up. c~.-z3- rQ -c6 Yoder told Council that the Village requires now that all new developments in the Village must bear the cost of impact on the Village such as drainage, sewer, water, etc. and that he feels it is unfair that those people in those areas are expected to bear the burden of drainage and street improvements in other areas of the Village, where the developers were not rrjandated to bear the construction and installation cost. In Gee & Jenson's Report it stated that in the Country Club area, work and improvements would have to be completed in those areas that were never completed in the beginning. Yoder also wanted to know who would pay for the water drainage from Bermuda Terrace and Turtle Creek. Ryan disagreed and felt that everyone would benefit from the improvements so everyone should bear the burden, Mapes said he agreed in principal with Yoder, but believes "Special Assessments" would take years to pay the debt off. Brown believes the entire Village benefits from these improvements because the Village is a small town and when this type of improvement is made, it benefits everyone. Joe B. Wise, William R. Hough 8c Company, was present to discuss with Council financing by Revenue Bonds. l~~r. Wise told Council that the bond issue could be secured by the Guaranteed Entitlement Portion of State Revenue Sharing; Funds, alone, or • from a pledge of these funds, franchise taxes, utilities taxes or a combination of same. Tf the Village secured the bonds from Ad Valorem Taxes it would require a referendum and tax millage to support the issue. This would probably be the quickest method of five (5) ways to finance the improvement program. Mr. Wise said that the main questions were,~how much does the Village want to finance, maybe $1 million, $12 million or $2 million? The next question would be, for how long? Mr. Wise asked if the Village would like to finance for 15, 20 or 25 years? Brown asked if the Village could go out for bids without having the money. Mr. McKune told Brown that we could go out for bids and then sit on them once we have received them. P~~Ir. Wise told Council that Special Assessmentsare normally for improvements that were not there before. Mr. Wise also stated that even if the Village doesnft use all the money that it finances then the Village could use it when and as they need it. Brown asked Mr, McKune what the Village should finance and Mr. McKune answered that he believed the Village should finance $1.3 million. Ryan moved, "that the Village Attorney and William R. Hough & Company be authorized thru the Bond Co~znsel of Freeman, Richardson, Watson, Slade, Kelly, etc. to prepare a Resolution for the issuance of $1.3 million in Capital Improvement Bonds for drainage improvements within the Village to be payable from certain revenues of the Village". Yoder seconded and vote on the motion was: ' C4-23-79 -C'7 Brown -for Cook Mapes -for -for Ryan -for Yoder -for and therefore the motion was passed and adopted. Yoder asked the Village Attorney to set up a time schedule for the Special Assessment. Council agreed that funds from the "Street 8c Roads" budget should be used to resurface the streets, Yoder asked Harp to get the millage figure that would be needed next year for the taxes for $1 million and he wanted McKune to get the cost needed for the roads. Brown told McKune that he would like Mr. John Wise, Gee & Jenson to be at the next meeting. Manes moved "to authorize Gee 8c Jenson to go out to bid on that project ~Countz°y Club Drive resurfacing and drainage improvements) pursuant to the schedule that was presented (see attached)". Ryan seconded and vote on the motion was: Brown -for Cook -for • Mapes -for Ryan -f o r Yoder -for and therefore the motion was passed and adopted, Council asked P~Ir. McKune for an up-to-date cost for the drainage and for resurfacing and a time table for the work to be done on the Country Club golf course. The next item on the agenda was the "Site Plan Review P~ecommendation for Wendy's Restaurant". Mapes asked for an u;~-to-date report on the improvements to Lighthouse Plaza. Pflr. Giba told Council that there are trees still missing, some trees are dead, the curbs have been painted but not repaired and the stripping has been done. The Village Attorney advised the Council that the applicant (ti~~endy's) has not been notified of the meeting and he recommended that this be postponed until such time as the applicant has had a chance to respond. But the Village Attorney wanted the record to show that Council was ready to review the Site Plan. Mapes moved, "that this be postponed until our next scheduled Council T~~ieetingt1. Ryan seconded and vote on the motion was: Brown -for Cook -for Mapes -for Ryan -f o r Yoder _for 0~.-23-79 -0$ Giba felt that the Village of Tequesta should send • Mr. Harte a complete list of things not completed in Lighthouse Plaza. Council requested the Village Manager to prepare ~~, list of deficiencies in Lighthouse Plaza for their review. Gary Preston, Recreation Director, told Council that a memorandum was sent to them on April 20, 1979 explaining the funding program and the capital improvements for the Parks and Recreation Department. Mapes asked Preston about item ~2 in a letter from Mr. John Dance, Director of Parks and Recreation for Palm Beach County. Under item ~2 Mr. Dance said that maintenance or routine upgrading will not be approved. Mapes asked how the item well, pump and water heads and pipes for sprinkler system could be listed. Preston pointed out to Mapes that the sentence before that says that the project must provide new recreational facilities or improvements to existing facilities which will allow greater use of facilities, which the sprinklers will do. Cook moved, "to adopt a Resolution of the Village of Tequesta, Florida approving the Capital Improvements projects for the Recreation and Parks Department for fiscal year 1979/19$0; making matching funds available and authorizing the Village Manager to make application to Palm Beach County for 43,$50. in matching funds''. Ryan seconded and. vote on the motion was: Brown -for Cook -for • T~-7a pe s -f o r Ryan -for Yoder -for and therefore the motion was passed and adopted ar~d Resolution No. $-7$/79 came into effect this date. The Village Manager told Council he would be gone from P~'1ay 6 - May 9, 1979 for a Convention in Orlando. Council gave its approval. The meeting was adjourned at 11:20 P.M. ~ F~ G~yr~e Co bert Approved .J / ,'~.r Howa F , r n T. eslie A. Cook ~~ W.. Harvey hTa~es v ~~ r ages H_ . Ryan ,~ ~ ~. .. . _ ®~ GEE & JENSON erx;~nF:MHS-nHCtinecrs-ei,nnneRS,inc. I i VILLAGE' OF TEQUESTA Proposed schedule for bidding, review, award and construe tion for Dover Road storm drain improvements, including restoration of drainage ditch between Seabrook Road and Riverside Drive. 1. Drawings and specifications to Village Council for review. 5/04/79 2. Place first advertisement. 5/09/79 3. Place second advertisement. 5/16/79 4. Receive and open bids.' 5/25/79 5. Recommend award of contract. 5/29/79 6. Execute Agreement. 6/05/79 7. Notice to Proceed. 6/11/79 8. Complete construction. g/,~/79 ~~ ~~ GEE ~ JENS ONENGINEERS-ARCHITECTS-PLANNERS,INC. VILLAGE OF TE~UESTA Proposed schedule for bidding, review, award and construe- tion for Country Club Drive resurfacing and drainage improvements. 1. Drawings and specifications to village Council for review. 4/23/79 2. Place first advertisement, 5/02/79 3. Place second advertisement, 5/09/79 4. Receive and open bids. 5/16/79 5. Recommend award of contract. 5/22/79 b. Execute Agreement. 5/29,/79- 7. Notice to Proceed. 6/04/79 8. Complete construction. 7/14/79 • .. r ~, ~ ®~~ ~~Li (QC J1~i N~~11 ENGIN F.f:RS-A RCHITECI~S-PLANNF,RS,I NC. INVITAT-ION TO BID COUNTRY CLUB DRIVE RESURFACING AND DRAINAGE IMPROVEMENTS for the VILLAGE OF TEQUESTA, FLORIDA Sealed proposals will be received by the undersigned at the office of the Village Manager, Village Hall, 357 Tequesta Drive, Tequesta, Florida 33458, until 2 P,M, on May 16, 1979 at which time and place they will be publicly opened and read aloud, The work for which these proposals are to be submitted con- sists of approximately: - 500- S.Y. Swale grading - 5435 S.Y., 1 Inch Type II Asphaltic Concrete surface - 350 Ton Type II Asphaltic Concrete leveling course -,410 Feet,. 15 Inch Dia, bituminous coated cor- regated steel pipe culvert - 200 Feet, 18 Inch Dia, bituminous coated cor- regated steel pipe culvert - 170 Feet, 21 Inch Dia, bituminous coated cor- regated steel pipe culvert - 56 Feet, 30 Inch Dia. Reinforced Concrete Pipe - Five Type "C" Inlets - All Miscellaneous Items as shown on the plans The above will include all appurtenances necessary for a complete and functional system. C, All work performed shall be in accordance with the drawings,. specifications and contract documents pertaining thex'eto, which may be examined at the office of Gee & Jenson Engineers- Architects-Planners, Inc., 2019 Okeechobee Boulevard, Gdest Palm Beach, Florida, or at the office of the Village Manager, Village of Tequesta, Tequesta, Florida. One copy of the documents, including blank bid forms, may be obtained at the office of Gee & Jenson-Engineers-Architects~- Planners, Inc., upon payment of $19,00, plus $0.76 sales tax, a total of $19,76, which amount will not be refunded, INV-1 ' ~ ~ ®~© GEE & JEN~ON. f:Nf:INEeRS-AUCHITEC'TS-PI.ANNENS,INC. A certified or cashier's check on a national ox state bank or a bid bond in a sum not less than five. percent (50) of the amount of the .bid, made payable to the Village, of Tequesta, Florida, shall accompany each. bid as a guarantee that the bidder will not withdraw from the competition after the opening. of -bids and, in the event that the con- tract is awarded to the bidder, he will enter into the con- tract and furnish the required performance and payment bonds, failing which the bid deposit may be retained by the Owner for liquidated damages. Proposals shall be prepared, addressed and submitted in com- pliance with detailed instructions as set forth in the con - tract documents. The performance and payment bonds shall be written by a surety company, acceptable to the Owner, licensed to do business in the State of Florida. The Owner reserves the-right to reject any or all bids, with or without cause, to waive technical errors and informalities, or to accept the bid which in his judgment best serves the Owner. VILLAGE OF TEQUESTA By Robert Harp, Village Manager Date Job No. 78-211 Date: .April 23, 1979 Publish: May 2, 1979 May 9, 1979 • INV-2 DRAFT OF PROPOSED AGREEMENT This document has important legal consequences; consultation with an attorney is encouraged with respect to its completion or modification. STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE . SPECIFICATIpNs 1 •. •~ o z SANG ENC s .~,~ p ^' o yOJ~sm Jam. v ~, ,~y\/~o 1 c~U N C~~' Jointly Issued by PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE A practice division of the • NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS and by AMERICAN CONSULTING ENGINEERS COUNCIL and by CONSTRUCTION SPECIFICATIONS INSTITUTE © 197H, NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS 2029 K STREET, N.W., WASHINGTON, D.C. 20006 AMERICAN CONSULTING ENGINEERS COUNCIL 11SS 15TH STREET, N.W., WASHINGTON, D.C. 20005 CONSTRUCTION SPECIFICATIONS INSTITUTE 1ISO 17TH STREET, N.W., WASHINGTON, D.C. WASHINGTON, D.C. 20036 This Standard Form of Agreement has been prepared for use with the Standard Form of Instructions to Bidders (NSPE-ACEC Document 1910-12, CSI 56466, 1978 edition) and with the Standard General Condi- tions of the Construction Contract (NSPE-ACEC Document 1910-8, CSI 56465, 1978 edition). Their provisions are interrelated and a change in one may necessitate a change in the others. Comments concerning their usage are contained in the Commentary to the Documents, NSPE-ACEC 1910-9, 1978 edition. NSPE-ACEC 1910-8-A-1 CSI 56467 (1978 Edi[ion) THIS AGREEMENT is dated as of the ..............................day of..............................in the year 19.......... by and between THE VILLAGE OF TEQUESTA, FLORIDA (hereinafter called OWNER) and (hereinafter called CONTRACTOR) OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Country Club Drive resurfacing and drainage- improvements and includes the following approximate items of work: (Also See Attachment A-2) -500 S.Y. Swale grading -5435 S.Y., 1 Ihch Type II Asphaltic Concrete -350 Ton Type II Asphaltic Concrete leveling course -410 Feet, 15 Inch Dia. bituminous coated corregated steel pipe culvert -200 Feet, 18 Inch Dia. bituminous coated corregated steel pipe culvert -1~Oicle ~e ErNCINEERnch Dia. bituminous coated corregated steel pipe culvert The Project has been designed by Gee & Jenson- Engineers-Architects-Planners, Inc. 2019.Okeechobee Boulevard, West Palm. Beach, Florida 33409 who is hereinafter called ENGINEER and who will assume all duties and responsibilities and will have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. r~ LJ ~ Article 3. CONTRACT TIME. 3.1. The Work will be substantially completed on or before ...................................... 19... ,and '~ completed and ready for final payment in accordance with paragraph 14.13 of the General Conditions on or before ~ ....................................... 19... . c ... ,~ ~ ¢, 3.1. The Work will be substantially completed within .......... days after the date when the Contract Time commences ° ~ to run as provided in paragraph 2.3 of the General Conditions, and completed and ready for final payment in accordance with x ~ paragraph 14.13 of the General Conditions within .......... days after the date- when the Contract Time commences to run. v~ o. 3.2. Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not substantially complete within the time specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by OWNER if the Work is not substantially complete on time. Accordingly, instead of requiring any such proof, OWNER and CONTRAC- TOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER ...... lane..H.L1riC~a;~.G~ .................... dollars ($.~~.0.•.~.Q..........) for each day that expires after the time specified in paragraph 3.1 for substantial completion until the Work is substantially complete. Article 4. CONTRACT PRICE.. 4.1. OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents in current funds as follows: (SEE EXHIBIT "A") (here insert a lump sum, unit prices or both, attaching exhibits if necessary) (CONTRACTOR'S Bid may be attached as exhibit to avoid lengthy retyping of unit price schedules, formulae for escalation of prices, information as to alternatives, etc.) Article 5. PAYMENT PROCEDURES. • Contractor shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. Page 1 of ...3...... pages 5.1. Progress Payments. OWNER shall make progress payments on account of the Contract Price on the basis of CON- TRACTOR'S Applications for Payment as recommended by ENGINEER, on or about the..........-.5:kkl....day of each month during construction as provided below. All progress payments will be on the basis of the progress of the Work measured by the schedule of values provided for in paragraph 14.1 of the General Conditions. 5.1.1. Prior to Substantial Completion progress payments will be in an amount equal to: ...... 9.0........ % of the Work completed, and ...... g.~........ % of materials and equipment not incorporated in the Work but delivered and suitably stored, less in each case the aggregate of payments previously made. 5.1.2. Upon Substantial Completion, OWNER shall pay an amount sufficient to increase total payments to CON- TRACTOR to ...... ~.$ ..... 010 of the Contract Price, less such amounts as ENGINEER shall determine in accordance with paragraph 14.7 of the General Conditions. 5.2. Final Payment. Upon final completion and acceptance of the Work in accordance with paragraph 14.13 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.13. x~~~~~tdaa~~3E4~a~»ea[~t~C@4~u~>~a~4~~1~a~~~~~~>~-~~~X Article 7. CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: 7.1. CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, locality, and with all local conditions and federal, state and local laws, ordinances, rules and regulations that in any manner may affect cost, progress or performance of the Work. • 7.2. CONTRACTOR has studied carefully all reports of investigations and tests of subsurface and latent physical condi- tions at the site or otherwise affecting cost, progress or performance of the Work which were relied upon by ENGINEER in the preparation of the Drawings and Specifications and which have been identified in the Supplementary Conditions. 7.3. CONTRACTOR has made or caused to be made examinations, investigations and tests and studies of such reports and related data in addition to those referred to in paragraph 7.2 as he deems necessary for the performance of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents; and no additional examinations, investigations, tests, reports or similar data are or will be required by CONTRACTOR for such purposes. 7.4. CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents. 7.5. CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. 7.6. Article 8. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR are attached to this Agreement, made a part hereof and consists of the following: 8.1. This Agreement (pages 1 to .. 3 , inclusive). A~1 and A ?~ 8.2. Exhibits to this Agreement (pages ...X1:4 , ... , inclusive . 8.3. Performance and other Bonds, identified as exhibits .... ~d4JCS...1.-.4, . aXd~~Si~~2CXXX. 8.4. Notice of Award. 8.5. General Conditions (pages . 1. to .2.'~, inclusive). 8.6. Supplementary Conditions (pages XXX6~XXX,Xi~Il~iX~X SC-1 thru SC-S, inCluSiVe) Page 2 of ... 3 ..... pages 8.7. Specifications bearing the title Country Club Resurfacing & Drainage Improvements and consisting of . 3.. divisions and 3 ~. pages, as listed in table of contents thereof. 8.8. Drawings, consisting of a cover sheet and sheets numbered . 1. through .3.. inclusive with each sheet bearing the • following general title: Sheet No. 1 Key Map and Typical Section Sheet No. 2 Miscellane us Details Sheet No. 3 Plan & Pro~ile, Sheet No. 4 Plan and Profile. 8.9. Addenda numbers .... to .... , inclusive. 8.10. CONTRACTOR'S Bid (pages .... to .... ,inclusive) marked exhibit ..... (Attach Bid Form only in special circum- stances). Instruction To Bidders (Pages IB-1 to IB-4, inclusive) 8.11. n~;,x~~,~l~i~~~~~~~i~i~~~~xxx~xxxc~t~t~~x 8.12. Any Modification, including Change Orders, duly delivered after execution of Agreement. 8.13. There are no Contract Documents other than those listed above in this Article 8. The Contract Documents may only be altered, amended or repealed by a Modification (as defined in Section 1 of the General Conditions). Article 9. MISCELLANEOUS. 9.1. Terms used in this Agreement which are defined in Article 1 of the General Conditions shall have the meanings indicated in the General Conditions. 9.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.3. OWNER and CONTRACTOR each binds himself, his partners, successors, assigns and legal representatives to the • other party hereto, his partners, successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. Article 10. OTHER PROVISIONS. IN WITNESS WHEREOF, the parties hereto have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR and ENGINEER. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or by ENGINEER on their behalf. This Agreement will be effective on ............................................... 19........... OWNER.. VILLAGE OF TEQUESTA, FLORIDA .............................. CONTRACTOR.................................... By .................................:-.............. By................................................ [CORPORATE SEAL] [CORPORATE SEAL] Attest ............................................. Attest.............................................. Address for giving notices Address for giving notices .................................................. ................................................... (If OWNER is a public body attach evidence of License No .......................:................. . authority to sign and resolution or other document authorizing execution of Agreement.) Agent for service of process :......................... . Page 3 of ...3...... pages • EXHIBIT "A'~1" SCHEDULE OF BID ITEPdS Item Estirated Unit Estimated No. Description Quantity Unit Price Amount 1. Grading (10 foot width swale) 5,000 S.Y. $ $ 2. Type II-Asph. Conc. Surf, (1 Inch Min. Thickness) 5,435 S.Y, $ $ 3. Type II Asph. Conc. Surf.- Leveling Course. (Var. thickness) 350 Ton- $ $ 4. Driveway Adjustments: A. Type II Asph. Conc. Surf.(var. thickness). 20 Ton $ $ B, 6 Inch Cone Pavement 300 S,F, $ $ 5. Pipe Culvert: A. 15 Inch Dia., Bit. • Coated Corr., Steel 410 L.F. $ $ B. 18 Inch Dia,, Bit. Coated Corr. Steel 200 L.F. $ $ C. 21 Inch Dia. Bit. Coated Corr.-Steel 170 L.F. $ $ D. 30 Inch Dia. RCP 56 L,F. $ $ 6. Inlets: A. Type "C" 5 Ea. $ $ B. Connections to Existing- Inlets 2 Ea. $ $ 7. Swale and Property Restora- tion (solid sod) 5,000 S,Y. $ $ 8. Conc. Header Curb 80 L.F. $ 9. Landscape Sprinkler Replace- ment (allowance) 100 $ $ 10. Skip Traffic Stripe GM $ $ • EXHIBIT "A-2" Continuation of Page 1 of 3 pages Article 1. WORK -56 Feet, 30 Inch Dia. Reinforced Concrete Pipe -Five Type "C" Inlets -All Pdiscellaneous Items as shown on-the plans