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RESOLUTION NO 2004-1 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE ATTACHED AGREEMENT WITH THE FIRM OF RANDOLPH G WHITE, P A FOR FINANCIAL SERVICES, PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Village of Key Biscayne ( the "Village") desires to employ the services of the firm of Randolph G White, P A (the "Consultant) for the purpose of providing non-exclusive financial and accounting advisory services for the Village during the contract period Services, and WHEREAS, the Consultant desires to assist the Village with such matters NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS Section 1 That the Village Manager is hereby authorized to execute the attached agreement, on behalf of the Village, with Randolph G White, P A for Financial Services Section 2 This resolution shall take effect immediately upon adoption PASSED AND ADOPTED this 13th day of January , 2004 4.4) CtuCtia L_ MAYOR ROBERT OLDAKOWSKI /al CONCHITA H ALVAREZ, CMC, VILLAGE CLERK APPROVED AS TO F • ' AND LEGAL SUFFICIENCY VILLAGE A TO 13 The foregoing terms and conditions constitute the entire Agreement between the parties hereto and any representation not contained herein shall be null and void and of no force and effect Further this Agreement may be amended only in writing upon mutual written consent of the parties hereto 14 No amendments and/or modifications of this Agreement shall be valid unless in writing and signed by each of the parties This Agreement shall be automatically renewable each Fiscal Year of The Village of Key Biscayne, unless otherwise terminated by either party Negotiations shall be held prior to The Village of Key Biscayne's Fiscal Year end The Village of Key Biscayne will consider fee adjustments each twelve (12) month period to compensate for market conditions and the anticipated type and amount of work to be performed during the next twelve (12) month period The Village of Key Biscayne in its adopted Fiscal Year Budget will approve such evidence of fee adjustments 15 CONSULTANT shall provide evidence of possession of liability insurance in an amount not to exceed one million dollars 16 This Agreement shall not be assignable by The Village of Key Biscayne or the CONSULTANT 17 All onginal work papers, reports and other documents that result from the provision of services hereunder shall be the property of The Village of Key Biscayne The CONSULTANT may retain a copy of said documents Upon termination of this Agreement, or upon request of The Village of Key Biscayne during the term of this Agreement any and all such documents shall be delivered to The Village of Key Biscayne by CONSULTANT IN WITNESS WHEREOF, the Village Council of The Village of Key Biscayne has made and executed this Contract on behalf of The Village of Key Biscayne and the CONSULTANT and The Village of Key Biscayne have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written THE VI SE OF KEY BISCAYN , F A Attest U/. age Clerk Approved as to Legal Form and Village Attorney Witness bibir Attliv OpiV' Oaktmloi ager RANDOLPH G WHITE, P A Randol h G White, President of its opinion by certified mail within thirty (30) days of receipt of notification by the CONSULTANT If, in the opinion of The Village of Key Biscayne, the prospective business association, interest or circumstance would not constitute a conflict of interest by the CONSULTANT, The Village of Key Biscayne shall so state in its opinion and the association, interest, or circumstance shall not be deemed in conflict of interest with respect to services provided to The Village of Key Biscayne by the CONSULTANT under the terms of this Contract This Agreement does not prohibit the CONSULTANT from performing services for any other client, public or private, and such assignment shall not constitute a conflict of interest under this Agreement 8 The CONSULTANT warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm other than a bona fide employee working solely for the CONSULTANT any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement 9 The CONSULTANT warrants and represents that all of its employees are treated equally during employment without regard to race, color, physical handicap, religion, gender, sexual orientation, age or national origin 10 The CONSULTANT hereby represents and warrants that it has and will continue to conduct its business activities in a professional manner and that all services shall be performed by skilled and competent personnel to the highest professional standards and that CONSULTANT possesses all necessary certificates, licenses and permits 11 The laws of the State of Florida shall govern this Agreement Any and all legal action necessary to enforce the Agreement will be held in Miami -Dade County Each party expressly waives the right to a trial by jury 12 All notices required in this Agreement shall be sent by certified mail, return receipt requested, and if sent to the CONSULTANT shall be mailed to Randolph G White, P A 371 N W 45th Avenue Deerfield Beach, Florida 33442 (954) 698-0279 If sent to The Village of Key Biscayne shall be mailed to The Village of Key Biscayne 88 West McIntyre Street Key Biscayne, Florida 33149 (305) 365-5500 Attention Jacqueline R Menendez, Village Manager With a copy to Village Attorney, David Wolpin, Esquire 2 The Village of Key Biscayne agrees to compensate the CONSULTANT in accordance with the fee stated The total and cumulative amount of this contract shall not exceed the amount of funds annually budgeted for these services In addition, The Village of Key Biscayne agrees to compensate the CONSULTANT for reimbursable expenses incurred during the course of performance of this contract, including, but not limited to, reasonable out of pocket expenses for travel, express mail, computerized research, word processing charges, long distance telephone, postage, photocopying, and couner and computer services 3 Subject to the provisions for termination as set forth below, the term of this agreement shall begin on January 8, 2004 The agreement may be terminated as follows a Upon notice by The Village of Key Biscayne for "good cause", which shall include misfeasance, malfeasance, nonfeasance or dereliction of duties by CONSULTANT, unless Paragraph "C" of this section applies b By either party immediately upon dissolution or court -declared invalidity of the CONSULTANT or The Village of Key Biscayne, or c By either party, at its discretion, upon 30 days written notice provided, however, should this Agreement be terminated, CONSULTANT will take all reasonable and necessary actions to transfer all the books and records of The Village of Key Biscayne in its possession in an orderly fashion to The Village of Key Biscayne or its designee and The Village of Key Biscayne shall pay CONSULTANT for all services properly rendered prior to termination d By The Village of Key Biscayne upon five days notice if Randolph G White leaves or sells consulting firm 4 The CONSULTANT shall devote such time as is necessary to complete the duties and responsibilities assigned to the CONSULTANT under this Agreement Randolph G White shall supervise the performance of all work under this agreement 5 The signature on this Agreement by the CONSULTANT shall act as the execution of a truth -in - negotiation certificate certifying that the wage rates and costs used to determine the compensation provided for in the Agreement are accurate, complete and current as of the date of this Agreement 6 The CONSULTANT represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder, as provided for in the standard set forth in Section 112 311, Florida Statutes The CONSULTANT further represents that no person having any interest shall be employed for said performance 7 The CONSULTANT shall promptly notify The Village of Key Biscayne in writing by certified mail of all potential conflicts of interest for any prospective business association, interest or other circumstances, which may influence or appear to influence the CONSULTANT'S judgment or quality of services being provided hereunder Such written notification shall identify the prospective business association, interest or circumstance, the nature of work that the CONSULTANT may undertake and request an opinion of The Village of Key Biscayne as to whether the association, interest or circumstance would, in the opinion of The Village of Key Biscayne, constitute a conflict of interest if entered into by the CONSULTANT The Village of Key Biscayne agrees to notify the CONSULTANT AGREEMENT BETWEEN THE VILLAGE OF KEY BISCAYNE, FLORIDA AND THE FIRM OF RANDOLPH G WHITE, P A FOR FINANCIAL SERVICES THIS AGREEMENT, made and entered into on this January 8, 2004, by and between The Village of Key Biscayne, and the firm of Randolph G White, P A hereinafter referred to as "CONSULTANT", whose address is 371 N W 45th Avenue, Deerfield Beach, Florida 33442 WITNESSETH WHEREAS, The Village of Key Biscayne desires to employ the services of the CONSULTANT for the purpose of providing non-exclusive financial advisory services for The Village of Key Biscayne, including but not limited to • The design and implementation of an internal control system that provides for the processing and recording of accounting transactions • The reconciliation of subsidiary accounts and other detail account listing to that of the general ledger • The proper maintenance of the operating budget • The preparation of monthly and annual financial reports for internal and external presentation prepared according to GASB pronouncement #34 • All functions normally associated with the operation and direction of a municipal finance department WHEREAS, the CONSULTANT desires to provide such services to The Village of Key Biscayne NOW, THEREFORE, in consideration of the mutual covenants and agreements expressed herein the parties agree as follows 1 The Village of Key Biscayne hereby engages the CONSULTANT to perform the services described above for the fee of $ 100,000 annually The annual fee shall be payable in equal monthly installments on the 1st of each month The initial annual fee shall be prorated to the amount of $ 73,120 00 for the partial fiscal year of January 8, 2004 to September 30, 2004 The Village of Key Biscayne shall consider fee adjustments each twelve (12) month period to compensate for market conditions and anticipated type of work to be performed during the next twelve (12) month period The Village of Key Biscayne in its adopted or amended Fiscal Year Budget will approve such evidence of fee adjustments RESOLUTION NO 2004-2 A CAPITAL PROJECT AUTHORIZING RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, CONCERNING THE VILLAGE OF KEY BISCAYNE CIVIC CENTER PROJECT, AUTHORIZING CONSTRUCTION EXPENSE ITEMS DESCRIBED HEREIN, AUTHORIZING AMENDMENT NO 14 TO AGREEMENT BETWEEN OWNER AND CONSTRUCTION MANAGER CONCERNING MATTERS DESCRIBED THEREIN, PROVIDING FOR EFFECTIVE DATE WHEREAS, pursuant to Section 3 07(b) of the Village Charter, the Village Council desires to authonze the expenditure of Village funds for additional construction items for the Village's Civic Center Project (the "Project") as descnbed in the Village Manager's Memorandum, marked as Exhibit "A" and attached hereto, and WHEREAS it is necessary to amend the Agreement between the Village and Construction Manager to implement expenditures for the work authonzed herein, and WHEREAS, the Village Council finds that it is in the best interest of the Village to proceed as indicated in this resolution NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS Section 1 Recitals Adopted That each of the recitals stated above is hereby adopted and confirmed Section 2 Work Authorized, Specification Of Funds A That the construction activities for the matters described in Amendment No 14 and in Exhibit "A", attached hereto, are each hereby approved and authorized B That the fund amount and source for the work items are hereby authorized and approved as described in Exhibit "A " Section 3 Amendment To Agreement Approved That Amendment No 14 to the Agreement between Village and Construction Manager, in substantially the form attached hereto, is hereby approved and the Village Manager and Village Clerk are hereby authorized, in their respective capacities, to execute the Amendment to Agreement on behalf of the Village, once approved as to legal form and sufficiency by the Village Attorney Section 4 Implementation That the Village Manager is hereby authorized to take any and all action necessary to implement the purposes of this resolution and the Amendment to Agreement Section 5 Effective Date That this resolution shall become effective upon its adoption PASSED AND ADOPTED this 13th day of January, 2004 -1( la e4 (tq (--- MAYOR ROBERT OLDAKOWSKI CONCHITA H ALVAREZ, CMC, VILLAGE CLERK APPROVED AS TO F 9 RM AND LEGAL SUFFICIENCY VILLAGE A TO :Y F \103001\Resolutions\authonzmi, construction expense item No 14 12 24 03 2 AMENDMENT TO AGREEMENT BETWEEN OWNER AND CONSTRUCTION MANAGER PROJECT NO PROJECT NAME AND LOCATION AMENDMENT NUMBER VKB-98069000 Village Community Center (Recreation Center) Village Fire Station, Police Station, and Administrative Office of the Village of Key Biscayne, Flonda (the "Project") #14 (Revised Civil & Site Work for Site Infrastructure Phases 4 and 6 ) THIS AMENDMENT made this 4th Day of November in the year Two Thousand and Three By and between the Village of Key Biscayne, Flonda, a Florida municipality, (the "Owner") and James A Cummings Inc a Florida Corporation 3575 Northwest 53rd Street Ft Lauderdale FL 33309 Phone (954) 733-4211, Fax (954) 485-9688, Federal Tax I D Number 59-2098732, (the "Construction Manager") WHEREAS, the Owner (as a direct signatory and through its former agent, the Department of Management Services of the State of Florida (the "DMS")) has previously entered into the Agreement between the Owner and Construction Manager, and WHEREAS, the Agreement has previously been revised by Amendment Nos 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12 and 13, WHEREAS, it is now necessary to revise the Agreement to include Civil and Site Work for Site Infrastructure Phases 4 and 6 NOW THEREFORE in recognition of the good and valuable consideration provided by the covenants hereof between the parties, the Owner and the Construction Manager hereby covenant and agree to amend the Agreement to include Civil and Site Work for Site Infrastructure Phases 4 and 6 and to identify its funding source, to identify the drawings, specifications and other documents upon which the GMP is based, and to otherwise revise the Agreement, as follows (1) Guaranteed Maximum Price — the Guaranteed Maximum Price (GMP) for construction of Project VKB-98069000, Village Community Center, Village Fire Station, Village Police Station and Administrative Office of the Village, as defined in Article 7 1 of said Agreement shall be $22,177,298 59 (which includes the $400,092 00 GMP for the Civil and Site Work for Site Infrastructure Phases 4 and 6 as listed below in item 2 a for the Village Fire Rescue Police and Administration and Community Center Buildings ) (2) Drawings and Other Supporting Documents — in addition to the drawings specifications and other supporting documents identified in previous amendments (No 1 2, 3, 4, 5, 6, 7 8 9 10, 11, 12 and 13) to the Agreement, the Guaranteed Maximum Price (GMP) for construction of the Project, is based upon the following drawings and other supporting documents a Proposal #R -16I to the Village of Key Biscayne from James A Cummings, Inc dated October 7, 2003, delineating Civil and Site Work for Site Infrastructure Phases 4 and 6, which are attached hereto as Exhibit "A 1 " b Spillis Candela DMJM revised Civil Drawings, as delineated in sheets C 1 1 03, Cl 1 05, C2 1 02, C2 1 03, C2 1 05, C3 1 02, C3 1 03, C3 1 05, C4 1 02, C4 1 03, C4 1 05 dated March 27, 2003 c Spillis Candela DMJM revised Site Electrical Drawings, as delineated in sheet EE 1 1 04 dated August 14, 2003 d Fuster Design Associates, Inc revised Landscape & Irrigation Drawings, as delineated in sheets L 1 & L2, dated April 7, 2003 and Ii, I2 & I3, dated June 16, 2003 e The revised Project Budget, which is attached hereto as Exhibit "B " (3) Changes in Agreement — various changes are required to the exhibits and articles of the Agreement to reflect the amendments described herein It is agreed that the articles and exhibits of the Agreement shall be deemed to be amended, to provide the following a Establishment of the GMP for Civil and Site Work for Site Infrastructure Phases 4 and 6 in the amount of $400,092 00, and establishment of the GMP for the Project of $22,177,298 59 (4) Effect On Agreement - except as provided above the articles and exhibits of the Agreement which are not affected by the amendments provided for herein shall remain in full force and effect IN WITNESS WHEREOF the parties have executed this Amendment the day and year first written above JAMES A CUMMINGS, INC Attest BY eCt-vv•-t-i c.t__ routo Corporate Secretary Wan: sed By By By /I'N (print nam ) Village Clerk (print name) By tpua Po tivi_._ William R Derrer, Corporate President James A Cummings, Inc VILLAGE OF KEY BISCAYNE Approved as to form and e.al sufficiency Village Attorney 103001 \agreements\amendment to agree ent between owner and construction manager (Corporate Seal) r EXHIBIT B OWNER S CONSTRUCTION BUDGET ITEM DESCRIPTION CONSTRUCTION MANAGER S PRECONSTRUCTION PHASE FEE SUBTOTAL OWNER S TOTAL PRECONSTRUCTION PHASE FEE VILLAGE FIRE RESCUE DEPARTMENT & ADMINISTRATION AND POLICE FACILITY CONSTRUCTION MANAGER S CONSTRUCTION PHASE FEE CONSTRUCTION MANAGER S OVERHEAD & PROFIT CONSTRUCTION BUDGET BALANCE AMENDMENT NO 09 - OWNER REQUESTED CHANGES SUBTOTAL CONSTRUCTION COSTS ANTICIPATED OWNER SALES TAX SAVINGS SUBTOTAL OWNER S CONTINGENCY OWNER S GMP BUDGET FIRE RESCUE & ADMINISTRATION/POLICE OWNER S CONSTRUCTION BUDGET FIRE RESCUE & ADMINISTRATION/POLICE WITH PRECONSTRUCTION FEE $11,306,711 00 VILLAGE CIVIC CENTER SITE & SITE INFRASTRUCTURE WORK ELECTRICAL DUCT BANK AND WATER MAIN CONSTRUCTION MANAGER S CONSTRUCTION PHASE FEE CONSTRUCTION MANAGER S OVERHEAD & PROFIT CONSTRUCTION BUDGET BALANCE OWNER S CONSTRUCTION BUDGET VILLAGE CIVIC CENTER SITE & SITE INFRASTRUCTURE WORK ELECTRICAL DUCT BANK AND WATER MAIN CONSTRUCTION BUDGET $113 190 00 $113 190 00 $527 392 00 $457 223 00 $9 878 355 00 $232 893 00 $11 095 863 00 ($159 266 00) $10 936 597 00 $256 924 00 $11 193 521 00 VILLAGE CIVIC CENTER SITE & SITE INFRASTRUCTURE WORK PHASES 1, 2, 3, 4, 5 & 6 (INCLUDING STATE SCHOOL FF SANITARY SEWER FORCE MAIN) $119 226 00 $34 521 00 $647 913 00 $801,660 00 CONSTRUCTION MANAGER S CONSTRUCTION PHASE FEE $62 630 00 CONSTRUCTION MANAGER S OVERHEAD & PROFIT $84 541 00 CONSTRUCTION BUDGET BALANCE $1 842 045 00 OWNER S CONSTRUCTION BUDGET VILLAGE CIVIC CENTER SITE & SITE INFRASTRUCTURE WORK $1,989,216 00 VILLAGE COMMUNITY CENTER (RECREATION CENTER) CONSTRUCTION MANAGER S CONSTRUCTION PHASE FEE $771 920 00 CONSTRUCTION MANAGFR S OVERHEAD & PROFIT $425 691 00 CONSTRUC PION BUDGET BALANCE $9 141 302 00 OWNER S CONSTRUCTION BUDGET VILLAGE COMMUNITY CENTER (RECREATION CENTER) $10,338,913 00 EXHIBIT B (cont d ) OWNER S CONSTRUCTION BUDGET OWNER CHANGE ORDERS OWNER CHANGE ORDER NO 1 ($1 140 899 62) OWNER CHANGE ORDER NO 2 ($1 118 301 79) SUBTOTAL OWNER S CHANGE ORDERS ($2259,201 41) OWNER S TOTAL CONSTRUCTION BUDGET (ALL PHASES) $22 177 298 59 Cuamm,rnrriurig General Contractors October 7 2.00', SKYLIINE MANAGEMENT GROUP INC 88 West McIntyre Street Key Biscayne, FL 33149 Cl- James A Cummings Inc 3575 Northwest 53rd Street Fort Lauderdale FL 33309 Phone 954 733-4211 Fax 954-485 9688 Website www jamesacummings corn TRANSMITTED VIA HAND DELIVERY ATTN Mr Paul Abbott, Project Director RE KEY BISCAYNE CIVIC CENTER — SITE INFRASTRUCTURE REQUEST FOR CHANGE ORDER PROPOSAL #R -16I SITE INFRASTRUCTURE PHASES 4 & 6 Dear Mr Abbott, James A Cummings Inc is submitting Proposal #R -16I, in the amount of $400 092 00 This proposal incorporates furnishing and installation of Civil Equipment & Materials for Site Infrastructure Phases 4 & 6 dated April 24, 2002 Please see attached summary form and subcontractor quotations for a recapitulation of this Work The Work indicated in this Request for Change Order is limited to Spillis Candela DMJM revised Civil Drawings as delineated in sheets CI 1 03 C 1 1 05 C2 1 02, C2 1 03 C2 1 05, C3 1 02 C3 1 03, C3 1 05, C4 1 02, C4 1 03 C4 1 05 dated March 27 2003, revised Site Electrical Drawings, as delineated in sheet EEl 1 04 dated August 14 2003 and Fuster Design Associates, Inc Revised Landscape & Irrigation Drawings as delineated in sheets L1 & L2 dated April 7, 2003 and I1 I2 & I3 dated June 16 2003 If there are any questions and/or concerns regarding this matter please do not hesitate in contacting this office at (305) 361-9227 for discussion Sincere JA Y A CUMMINGS, INC A der Smith Jr P eject Manager Rev e - ; & Approved E MANAGEMENT GROUP, INC Pau ' £ bbbtt VKB/SMG Project Director Cc Robu,rto Lage SPILLIS CANDELA DMJM via fax 305-447-3558 Tony Schulz SPILLIS CANDELA DMJM pia fax 305-447-3558 Rob Maphis LAC Eric Squilla JAC FILE James A Cummings Inc Proposal Summary Form Village of Key Biscayne Civic Center R -16I Amendment No 3 - Site Infrastructure (Phases 4 & 6) SECTION DESCRIPTION OF WORK LABOR MATERIAL SUBCONTRACT ** Revisions to Site Infrastructure Civil Drawings by Spiihs i Candela DMJM dated March 27 2003 (Only Includes Civil & Site Work for Site Infrastructure Phases 4 & 6 Pricing is broken down per the attached Phasing Plan) 01 JAMES A CUMMINGS INC Demolition $2 000 Field Engineering $3 000 Final Survey $3 000 Permits $2 500J Builders Risk $3 000 Owner Contingency Allowance $5 000 Contractor Contingency Allowance $5 000 02 METRO ENGINEERING INC , __ t $119667 02 STONE CIRCLE UNDERGROUND INC — $47 100 02 LANDSCAPE SERVICE PROFESSIONALS INC $41 915 02 WINDMILL SPRINKLER CO INC $10 450 02 HOLLYWOOD STONE INC $52 000 I , 16 FISK ELECTRIC CO $84 439 T 1 1 SUBTOTAL LABOR BURDEN SALES TAX SUBTOTAL TOTAL OVERHEAD (4 5%) SUBTOTAL PROFIT (Included in Overhead above) SUBTOTAL BOND TOTAL 1 tI $0 $0 $379 072 $0 $0 $o $0 $379 072 $379 072 $17 058 $396 130 $0 $396 130 $3 961 $400 092 A /ite OMN/ w Ilr lian y► 'i.-:(1-',,e/ , METRO ENGINEERING CONTRA C TORS, INC 4i iv 7 2001 0 JAMES A CLN1v1INGS I'4( m 1575 N W 53Rr) STRFET a I t Lauderdale, rL 33309 Attention ALEX PI RE V U 1 AGE OF KEY B1SCAYNL+' ROADWAY IMPROVEMENT Y PROPOSAL DESCRIP HON AMOIIN I PHASE Ia Mobilization L S Demolition ol concrete titdrwalk5, Curtis alld asphalt surface only 15 To excavate grade and pr pare sub -base to concrete paver areas L S ro install litnetock base to concrete paver at -Las 1 S To install paving, inLl Lornpuc.ted subbase, llrnerock base and asphalt surface I S To install c.oncraL Lurhs (,Dior) Valley Cuibs L S 6' Curb (St Gutter L S 6 '1) I ype L S To instill and man 'tam M 0 T L S To lurnish 1 iyuut and as baths I S $ 3 500 00 $ 19, /06 0I) $1117400 $ 33,170 00 $ 9,810 00 $ 4 04(1 00 $ 8,64() 00 S 11 600 00 $ 9,166 00 $ 3,975 00 PHASE Ia TOTAL S 1 15 831 00 PHASE lb Mohihzatton L S $ 3 500 00 Demolition ol wriert,IL sidcw tiks Luibs, and asphalt surtacc, only L S $ ICI 200 00 ro excavate glade end prepare sub-htsc to u»>c,u ete paver area; L S S P ? 315 00 To install limerttck b Ise to LunLrete payer areas L S $ 4 4 771 Q0 To install having Ind # impacted suh huge llrncrock b Isc mnd asphalt surtat,e L S $ 12 800 00 ro install Concrete t urbs (Lolor) Valley art), L S $ 18 160 00 ME 1 I' C FNGINEFRING CONTRACTORS INC 15 A CERTIFIED BLACK MINORITY CORPORATION 6 Curb&Gutle'r 6' D Ty -pc To install and maintain VI 0 I lo furnish layout and as-builts PHASE H Mobilization Demolition of concrete sidewalks, curbs and asphalt surface To excavate grade and prepare sub -base to concrete paver areas To install limerock ba..lr to concrete paver are4.4.is To install paving mc1 compacted sub -base limerot.k base ind asphalt surface To install concrete curbs (color ) 6" Curb & Gutter ro install and maintain M 0 T To furnish layout and as-builts L S L S IS 15 PHASI lb TOTAL 1S L S L S L S L S LS LS IS $ 21 840 00 $ 17 100 00 $ 6 100 00 $ 7 275 00 $160891 00 $ 3,500 00 $ 6,670 00 $ 4,877 00 $ 4 427 00 $ 13 055 00 $ 9,840 00 $ 2 750 00 $ 2 550 00 PHASE R TOTAL $47,669 00 PHASE III Mobtiration L S $ 3,500 00 Demolition of concrete sidewalks curbs and asphalt surface L S $ 2 775 00 ro excavate grade and pi eparc sub -base to concrete paver at ens L S $ 2 680 00 To install l meroc,k base to paver area L S $ 4 177 00 To install concrete curbs (c olor) Valley Curbs L S $ 610 00 6 ' Curb & Gutter L S $ '3,175 00 6 "D Type L S $ 770 00 To install and maintain M 01 L S $ 2 120 00 To turmsh layout & as -bunts L S $ 1 840 00 PHASES III 1-01AL $ 21 647 06 - PH XSE IN ii,„,...... Mobilization 1 S $ 3 500 00 Demolition of concrete sidewalks curbs and asphalt surface I 9 $ 6 317 00 To excavate grads, Ind prepare sub base To install paving, lacl cornpactt d sob -base lunerock base and asphalt surface To install concrete curbs (color) 6" Curb & Gutter to install and maintain M 0 T 1 o furnish layout & as -built* 1. 4N S 210400 IS 5l56000 L S 5 9,94(1 0() LS $ 1,94700 L S $ 764 00 1'11AS1 IV 1 O 1 AL PEASE V Mobilization t S Demolition ol c one rete sidewalks, curbs and asphalt surface L S to excavate grade, and prepare sub -base to concrete paver areas L S to install hmerock base to concrete paves areas L S 'I o install concrete curbs (color) Valley Curbs L S 6 Curb & Ciuttet L S I a install and maintaut M O T L S 1 o furnish layout and as bunts L S $ 3,500 00 $ 2 700 00 $ 2,680 00 $ 3,920 00 $ 93000 $ 1,740 00 $ 1 270 00 S 1 714 00 PHASE V TOTAL $ 18,454 00 1....410, PHASE VI Mobilization L S $ 3,500 00 Demolition of concrete sidewalks curbs and nsphalr surlacu L S S 4,450 00 fo exLlvate, grade, and prepare sub -base to concrete paver areas L S To install lunerock babe to concrete paver areas L S To install concrete curbs (color) Valley Curbs L S $ 9 240 00 6 ' Curb & Gutter L S $ 19 440 00 6' "D" 1 ype L S $ 5,320 00 To install and maintain M 01 L S 5 2 975 DO To furnish layout and as-buiIts L S S 3,1 00 CRANDON BI V 1) Mobilization PHASE VI TO I'AL $ 11 200 00 $ 18,970 00 LS ,350000 To mill existing asphalt arcs t& haul Iwav To demo & remix concrete curbs & walks To install paving me stabilized sub -bast h meroe,k base & 1 %z' asphalt surface To overlay mulled area To install concrete curb (c olor) lypc I." Curb & Gutter 1oinstall M U I To furnish layout & as-builts 1 L S IS L S L S L S L S 10 TAL TOTAL BID QUOTED PRICES DO NOT INCLUDE 1 PERMITS, BONDS, OR FEES 2 DEMOLITION OTHER THAN S1 Al ED ABOVE I DFMUCKING, DEWATERING, OR REPLAC EMENT FIL1 S 10 549 00 $ 1 8/3 00 $ 5 120 00 $20,200 00 S 4,480 00 $ 5,927 00 $ 2,240 00 $53,891 00 5538,05() 00 Pr" STONE- CIRCLE `.00 1 L \DERGRO 1 VD RC water • sewer • dramae construction Proposal for Village of Kay Biscayne Civic Center Offstt4 March 5, 2003 Drainage - Phase IA 12 C MP 43 LF 24 C MP 95 LF 24 PCMp Frenct'Ora i 226 LF 42 Sq Catch Basin #1 1 EA 42' Sq Catch Bas n #3 1 EA 3 5 x 6 Catch Basin #2 1 EA Temporary Plug Catch Basin 1 EA Connect to Catch Basin 2 EA Adjust Existing Catch Basin 1 EA Convert Existing C 6 Top 1 EA Remove Existing Catch Basi r 3 EA Remove Existing 4 Pipe 70 LF Remove Existing 6 Pipe 90 LF Cap Existing 15 Pipe 1 EA Cap Existing 4 Pipe 1 EA Remove Ex►strng Trench Dram 60 LF Surveyor Layout & Asbui(t 1 LS Sub -total = $42,100 00 Water Main - Phase 1B Remove Exist ng Meter w! Box 4 EA Cap Existing Water Service 4 EA 12 x 8 Tapping Sleeve & Valve 1 EA 8 CL-350D►P 185 LF Connect •o Existing P pe 1 EA Sample Point 1 EA Fill & Flush EA SL-v-ycr Layout 3 r.S� ti ui t LS Sub -total = 314 900 00 This Lropc —rr a'1 page 2 3530 S W 30th Avenue Hollywood, Florida 33312 (954) 331 5020 Fax (954) 331 0685 License #91-1257 PIPr. 7-47) age 2 Kee Elsa i Cc's e o :.cc sai Drainage P+'a se 18 12 CMD L 15CMP '4 LF 24' C M , 3- L c 24 PCMP F ere -Lear 29C LF 30 CMP 6 LF 4 Da Storm MH ks 3 tt-' 4 *15 ? EA 6 Dia Storm MH # 6 ' EA Type C Cate Basin (#6 l #81 3 EA 42' Sq Catch Basin (*5 #18) 2 EA P-6 Curb Inlet #17 1 EA Core Existing Catch Basin 1 EA Connect to Existing 24 Pipe 1 EA Convert Existing C B Top to MH 2 EA Remove Existing Catch Basin 2 EA Remove Existing 15 Pipe 40 IF Remove Existing 24 Pipe 10 LF Surveyor Layout & AsbLi9t 1 LS Sub -total a $89,900 00 Water Main - Phase 2 Remove Existing Meter w/ Box 1 EA Cap Existing Water Service 1 EA Sub -total = $500 DO Drainage • Phase 3 Connect to Catch Basin 24'C MP Temporarily Cap 24 C M P mitida. Water Main - Phase 4 Adjust Existing Meter w/ Box 100""" 111110Drainage - Phase 6 12' CMP 24 C M P 24" P C M P French Drain 42 Sq Catch Basin (#9 #10 #12) 3 5 x b Caleb Basin #11 Correct to Catch Basin Remove Extstjrg Catch Bas n Remove Exzss,ng Manhole Remove Existing P Gtng SLrI9 rcr Layout & AsbLl t is proposal cent rt. cn page 3 1 EA 112. LF EA Sub total = $7,400 00 EA Sub -total = $300 00 22 95 355 3 1 1 1 1 LF LF LF EA EA EA EA EA p ale r s c t 3 -\'f3 4 NCTcS All srta restoration by others All M O T within the phase or work by others Wier Included with Structure 414 All excess spoils to be stockpiled onsite and used or removed by others )UALUFICATIONS Density testing is not included .n this proposal This proposal does not include tfie cost of performance/payment bond permit tees permit bond inspection fees rr impact fees which may be requtred from the venous agencies or muntpalities having Sur sdtction Alt underground utilities as hated herein will be installed pnor to final sc rade This proposal makes no provision for the installation or replacement of finished subgrade Ibis proposal makes no provision fcr asphalt or concrete removal or restoration unless it is specified This proposal makes no provision for the removal or replacement of sod or fencing unless rt Is specified If ursuitable material is encountered Stone -Circle Underground Inc will remove and replace as an extra to the contract on a time and material basis This proposal may be withdrawn if not accepted within 30 days ;11 work to be completed in a workmanlike manner accartrg ho standard practices our workers are fully covered by Workman s Compensation Insurance This proposal has beer prepared from plans dated 3/08/C2 1GNATURE 1 .IRCLE UNDfRG 177, "'W°3 DATE TONE -CIRCLE UNDERGROUND, INC IS A DRUG -FREE WORKPLACE Landscaping, Irrigation & Maintenance 3700 NW 124'' Avenue, Ste 139 Coral Springs, F1orjda 33065 'Z Landscape Service Professionals, Inc. To A Company Cl Fax aoS'' oL( 5 -ter? Re c -is 3 Pages including this cover sheet From vatc.4 ciAL, cc Date (p- Z(,- 0_2 RECEIVED JUN 2 7 2003 James A Cummings, Inc Key Biscayne Civic Center Certified MWBE / SDBE Phone (954) 34p-3680 Fax (954 340-5358 fandscapsp@aol Landscape Service Professionals Inc Project Location Key Biscayne -Civic Center Miami Material I NperiDtlen Sand/Soil/Rock/Cloth, Mist Planting Soil' Palm Sand Tree Grate Tree Grate Weed Berner Staking Tre es Palms Palms Bismarck Palm Honda Royal Winln Palm Coconut "Maypan" Coconut Maypan Coconut Maypan Medlool Palm Trees Gree n Buttonwood Maho gany ____ Oa.- Live Oak Accen t Items Crin um Cardboard Plan t Bouga invillea Shrubs Cocoplum Seagrape Croton Wax Jasmine Fakahatchee Grass Passion Flower Vine Ground Cover Ike Y Bid valid for 60 d ays P fa ns dated 615!0 t rev 5/1102 ntP Itm.121ak CY 42 $ 24 00 $ 1 008 00 CY 27 5 28 00 $ 702 00 No specs 5x5 0 S 681 25 3 No specs 4x4 0 $ 552 50 $ P er Roll 13 5 285 00 5 3 705 00 S ods for pla nting pits only Total 114 Turnbuckle 363 3 2 65 S 981 95 2'x4' 321 included 3 Total 7 8 oa 4 $ 476 00 $ 18 GW 35 3 1 890 00 $ 18' 24' oa/multi 31 5 587 00 $ 1gw 7$ 41040 $ 5 9w 9 $ 501 60 3 8 9w 17 $ 880 00 3 12'14'CT 4 $ 406750 3 Total 121 10 oa 4 5210 00 $ 840 0012' 14 as 87 $220 00 $ 19 140 Total 25'oa 52 $ 340o $ 10 gallon 34 $ 59 50 $ 10 gallo n 0 3 95 00 $ Total 3 gallon 91 $ 7 00 $ 3 gallon 180 5 7 25 $ 3 gallo n 0 $ $ 8 50 3 gallon 200 3 7 25 $ 3 gallon 125 $ 700 $ 3 gallon/trellis t3 $ 12 00 $ Keyb+s cayn eKey CIvlcCtr6203 (2) Total j_922 1 of 2 phone (954) 340-3000 fax (94) 340-5350 QuaN6catio ns, V En 'All r oadrock/construction debris to be r emoved by others & brought to grad e +/-1' with suitable soil for landscaping 8 sell spec by other 1 904 00 66 150 00 t1Nmete currently Wobbl e height 17 57700 2 872 80 4 514 40 11 580 00 19 470 00 tnci crane 1 788 00 2 023 00 - Espalier 837 00 1 305 00 IFS-Z,c' t r\ lam\ I 1450 00 875 00 72 00 Espalier t gallon not available 11 RECEIVED JUL 1 G 7/10/2003 James A Curtlrlltr1rl- Inc Key Bis cayne Civic C e nt€ r Landscape Service Professi onal s Inc Project Location Key Biscayne -Civic Center Miami a 1 / Die crl to Spider Lily Dune Sunflower Orange/Yellow Lantana Annuals Impatrents/SaMa/Mangold or eq Annual Mix Mulch Cypress Soddin g St Augustine Roll Sod Removal/Re loc ation/Protectio n tnigatron By Others CY T otal 3 of begs Sq Ft St! Ft Bcd valid for 60 d ays Plans dated 6/5t01rev 5/1/02 I! Quantity lintflost m Total 1 gallon 380 $ 3 00 $ 1 140 00 1 gallon 410 $ 2 85 $ 1 168 50 1 gallon 240 3 2 75 $ Total 6601,12 00 240 $ 1 20 $ 288 00 3 $ 36 00 $ 108 00 An 422 $ 6 00 b r Meal Total — a 5 000 $ 5 000 $ Lump Sum 0 $ �_ 2 sae 00 0 28 $ 004 $ phone (954) 340-3Q80 fax (954) 340-5358 ftc atio 1 V t En, Al *mates 1 300 00 1" soil spec by other 200 00 By other Other Tote! ._,a $ 1600 nn en sell spe c by other Warranty year ran Total > $ MOT not i nclude 1 with pro pe r mainte nance including but not limited fertilization pesticide herbicide�""'e t" not r & fungicide treatments as needed and a properly operating serviced 8 utilized im Excludes Acts of God vandalism and relocated material however workman ship Is guaranteed system Is guaranteed a.)w 1""'"""4/0 Keyt»scayneKe y CivicCirg203 (2) 1 / _ a •dd Ienl , c ---x' 'NI roadroc onstructiion debris to bet removed b . by nought to . de +1 1' with suite so or lay .f . . . Soil ( or planting pits only M ammy 1-4 wileairsimeau, �,.,r - G I?- - 1T i 7/10/2003 fr a e0., file. 1535 West Sunrise Boulevard Ft Lauderdale, FL 33311 (954) 763-3411 Fax (954) 763-9243 Your Convenient Center for Do It yourself Spnnkler System Cert Of Competency #77-CLS 14 / 91 CLS 551X State Well Dulling 1 1120 Estimate (or) Contract To James A. Cummings. Inc_ Job Key Biscayne Civic Center Attn Ryan Date July 23.2003 Installation n II fncludlrtg tax $ 13,500 00 West side of Civic C. ter, Install sleeves under walks Install Irrigation system per design for this area Approx 23 mistheads Including tax $ 1,500 00 East side of Civic Center Connect to existing supply at entrance road and install Irrigation system per design for this area Install approx 95 mistheads and bubblers Install sleeves under walks and drives Including tax $ 8,950 00 Exclusions Irngation permit fees Irrigation meter Electrical hook up of controller and rain sensor Purchaser Seller William J Meredith. Jr. Sign and return upon Acceptance Windmill Sprinkler Co Inc Licensed & Insured CONTRACT Noz��w000 STCt Interlocking Paver & Bul'nose Coping Specialists t;:) Qi;) B LL rO J A Cummings Inc 3575 NW 53 St. Ft Lauderdale, FL 2110 N Owe Hwy Hollywood F._ 33020 (954) 923-6546 FAX (954) 923-9913 JOB ADDRESS I Key Biscayne Civic Center AREA MATERIAL AND JOB DESCF UPT,ON Phases 4,6 14146 ORDER DATE 1 ILLJN DA -E 08/14/03 JCB ESTIMATED FROM ❑ PLANS 7 ACTUAL MEAS CUSTOMER PHONE 0544-9227 UNIT COST I AMOUNT Cost of paver instal late on for phases 4 mid 6 including Materials ----------- 5200 100 41 1.1.11111.1, Amounts not paid by due date bear interest at 189 per annum All cost of collection and attorneys fee are the obligations of the customer Excess pavers are due to incremental order requirements by manufacturer, and are the property of Hollywood Stone GUARANTEE Matensl and workmanship guarantee for a period of one substantial completion fur each type of material rovded that year f'f n the data Iof s given by Purchaser to SELLER within one(1) p written pion of any defect !s of this guarantee substantial completon shall mean the date ofr of t completion oFor work except for any finish or seal coats final painting or repairs This guarantee is limited sole4t to the replacement and/or repair of materials by SELLER No other express warranty or guarantee is given No other affirmation of the Ste• ER by words or actions shall constitute a warrantee HO 'J•OD 8y WHITE Fie Copy SUB TOTAL STATE SALES TAX TOTAL ❑ Deposit 50% Total Due upon Substantial Completion 5200 Q0 Inc) ded S 1 200 00 i (Wel accept the above proposal and Contract for the same subject to all terms and conditions on this and the reverse side and addenda (,ncfudrng detail sheet and diagram) anal hereto YELLOW Cus Or r Cony PINK Control Cooy FIBK 10125 N W 116t Was, Suite 14 Miami FL 33178 305-870-0988 Office 305-870-0154 Fax To JAMES A CUMMINGS, INC Attn ALEX SMITH Ref Fisk C O# CNN#138-158 Date 10/6/03 Please find attached our lump sum cost submission to provide AS PER JAMES A CUMMINGS SITE LIGHTING SHEET EE1 104 DATED 8/14/03 PHASE 6 *** NO SAW CUTTING OR RETORATION ARE IN THIS PROPOSAL This proposal reflects our costs with mark-ups The proposed Amount for the descnbed work is as follows EIGHTY FOUR THOUSAND FOUR HUNDRED THIRTY EIGHT 66/100 (84,438 66) This puce does not include anv amounts for changes in the sequence of work time extensions delays disruptions and rescheduling extended overhead acceleration, and/or impact fees The nght is expressly reserved to make claim for any and all cost pnor to settlement of this contract This proposal is firm for 1.) days After 15 daN,s we reserve the nght to reconfirm modify and/or cancel this submission Please provide formal Change Order Documentation FISK CTRIC C; IPAN1 f// X4'7, al`vin ca els Project M. ger cc Jack Maxwell Pat Clyne Jim Kinser CHANGE NOTICE FISK ELECTRIC COMPANY 10125 NW 116th WAY SUITE 14 MIAMI FL 33178 Tel 305-884-5311 Fax 305-884-2192 Client address JAMES A.CUMMINGS,INC Attn ALEX SMITH 3575 NW 53rd ST FT LAUDERDALE FL 33309 USA Tel 305-361-9227 Fax 305-361-5647 Work Descnption CCN# Date (current) Job name Job number Page number 158 10/07/2003 VILLAGE KEY BISC 60 1061 1 of 2 AS PER REVISED SHEET EE1 1 04 DATED 8/14/03 FOR PHASE 6 OF THE SITE LIGHTING We reserve the right to correct this quote for errors and omissions This quote covers direct costs only and we reserve the nght to claim for impact and consequential costs This price is good for acceptance within 10 days from the date of receipt We request a time extension of 20 days We will supply and install all matenals labor and equipments as per your instructions on CCN #158 158 Item Description 3/4 PVC 1 PVC 3/4 PVC FEM ADAPTER 1 PVC FEM ADAPTER 3/4 PVC COUPLING 1 PVC COUPLING 3/4 PVC 90 ELBOW 1 PVC 90 ELBOW #10 THHN SOLID #8 THHN A -8R86 8x8x6 SCR CVR 3R A -12R126 12x12x6 SCR CVR 3R 3/4 x10 CU CLAD GRD ROD 3/4 GRD ROD CLAMP PRE -CAST POLE BASE POLE BASE AUGER 6 TRENCH (12)(3 DEEP) BROOKS BOX & COVER GARD-N-POST Qty 300 1 500 40 140 30 180 80 150 4 500 1 500 20 6 12 12 12 12 1 800 4 17 Price 48 93 73 03 62 40 86 78 32 18 49 73 103 35 174 85 7106 136 46 35 17 56 25 29 16 126 38 275 00 200 00 1 75 249 00 35 17 U Hrs U Mat $ C 750 C 14679 C 8 70 C 1 095 45 C 20 00 C 24 96 C 22 00 C 121 49 C 000 C 965 C 000 C 8951 C 37 00 C 82 68 C 43 00 C 262 27 M 930 M 31977 M 12 50 M 204 69 E 1 00 E 703 40 E 1 75 E 337 50 E 1 25 E 349 92 C 0 25 E 15 17 E 1 00 E 3 300 00 E 0 00 E 2 400 00 E 0 03 E 3 150 00 E 2 00 E 996 00 E 1 75 E 597 89 Tot Hrs 22 50 130 50 8 00 30 80 0 00 0 00 29 60 64 50 41 85 18 75 20 00 10 50 15 00 3 00 12 00 0 00 54 00 8 00 29 75 FISK ELECTRIC COMPANY 10125 NW 116th WAY SUITE 14 MIAMI FL 33178 CCN# 158 Date 10/07/2003 Job name VILLAGE KEY BISCAYNE Job number 60-1061 Page number 2 of 2 Item Description (cont) Qty Price U Hrs U Mat $ Tot Hrs Totals $14,207 14 498 75 Summary General Materials LIGHT FIXTURES Matenal Tax Material Total ELECTTRICIAN SUPERVISOR c@ 25% Subtotal Overhead Final Amount (@ 7 000 %) (498 75 Hrs © $36 93) (124 69 Hrs @ $44 18) (@ 15 000 %) Total ($) 14 207 14 32 052 00 3 238 14 49,497 28 18 41884 5 508 80 73 424 92 11 013 74 $84,438 66 CONTRACTOR CERTIFICATION Name Date Signature Change Order # I hereby certify that this quotation is complete and accurate based on the information provided CLIENT ACCEPTANCE CCN# 158 Final Pnce $84438 66 Name Date Signature Change Order # I hereby accept this quotation and authorize the contractor to complete the above described work. RESOLUTION NO 2004-3 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, ADOPTING POLICIES FOR PUBLIC, EDUCATIONAL AND GOVERNMENTAL ACCESS TELEVISION, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Village of Key Biscayne, Flonda has secured access to vanous channels on the Village's cable television system for public, educational or governmental use, and WHEREAS, the Village desires to adopt formal policies governing the programming, use and operation of the access channels NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS Section 1 Adoption of Policies The Village Council hereby adopts the Village of Key Biscayne Policies for Public, Educational and Governmental Access Television attached hereto as Exhibit "A" to this resolution Section 2 Effective Date That this Resolution shall be effective upon adoption PASSED AND ADOPTED this 13th day of January , 2004 (//41(bi CONCHITA H ALVAREZ, CMC, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIEN VILLAGE A TO ' .L /11`) (tetiA_ it.,, L____, MAYOR ROBERT OLDAKOWSKI iilY VILLAGE OF KEY BISCAYNE POLICIES FOR PUBLIC, EDUCATIONAL AND GOVERNMENTAL ACCESS TELEVISION 1 BACKGROUND Under the terms of the September 2001 License Agreement between the Village of Key Biscayne, Flonda and Key Biscayne Cablevision d/b/a Adelphia Cable Communications, the Village has secured up to three channels on Adelphia's cable television system for public, educational or governmental use Two of the three channels have been designated on the channel lineup as Channel 16 and Channel 17 and are collectively referred to herein as the "Access Channels " The third channel is not presently available under the terms of the Agreement To date, the Village has elected to use only one of the available Access Channels (Channel 16), which has been used exclusively for governmental use It is the purpose of these policies to reaffirm the use of Channel 16 exclusively for governmental use and to reserve Channel 17 for educational access use only It is further the purpose of these policies to establish that the Access Channels shall not in any manner by used for (1) public access, (2) commercial advertisements, (3) advertising for political candidates, or (4) transmitting obscene or indecent matenal 2 PROGRAMMING FOR INDIVIDUAL CHANNELS 2 1 Channel 16 Channel 16 is hereby designated and allocated for governmental access purposes only Channel 16 shall be used solely for governmental programming as may be established from time to time by the Village Council in its full and absolute discretion The programming permitted on Channel 16 may include, but is not limited to the following 2 1 1 Coverage of meetings of the Village Council and any of its boards and/or committees, 2 1 2 Programming to provide a forum for Village residents to have input on items scheduled for a vote by the Village electors under the Charter Amendments, initiative and/or referendum processes contained in the Village Charter Such programming may be in the format of town hall meetings, interview shows, point -counterpoint discussions, call -in shows, broadcasting of pre-recorded statements or an open forum in which members of the public may ask questions of the Village Manager or members of the Village Council on the issue subject to the vote (included in such programming shall be diverse points of view), 2 1 3 Statements by qualified candidates for the positions of Mayor or Councilperson within the Village of Key Biscayne, as more particularly set forth in Village Council Resolution No 2002-46, 2 1 4 Coverage of election results, 103041 /Resolutions/Policies for Access Channels8 19-03 2 2 1 5 Posting of public announcements and notices, 2 1 6 Programming prepared by or for other governmental agencies, such as Miami -Dade County, the State of Flonda and the Miami -Dade County School Board 2 1 7 Any other programming which the Village Council determines is in the public's interest and/or serves a public purpose 2 2 Channel 17 Channel 17 is not currently in use for any programming It is hereby set aside and reserved for future educational programming only The Village Council in its sole and absolute discretion may provide such programming directly to the residents of Key Biscayne or alternately under an access management agreement or similar arrangement with a not -for-profit community television entity or governmental agency 3 USE OF EQUIPMENT AND FACILITIES The Village has very limited equipment, facilities and resources available for the production and cablecasting of programming The use of the equipment and facilities shall be limited to Village employees and others with authonty from the Village Manager and subject to rules and regulations as they may be established by the Village Manager 103041/Resolutions/Policies for Access Channels8 19-03 3 RESOLUTION NO 2004-4 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, DECLARING AS SURPLUS A CERTAIN PASSENGER BUS OWNED BY THE VILLAGE AND AUTHORIZING THE VILLAGE MANAGER TO PROVIDE FOR THE SALE OR DISPOSITION OF SUCH SURPLUS PROPERTY, PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the 1994 Ford E 350 passenger bus previously used by the Village Recreation Department is obsolete and no longer needed by the Village NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS Section 1 Recital Adopted That the recital stated above is hereby adopted and confirmed Section 2 Surplus Property That the 1994 Ford E 350 passenger bus, bearing VIN Number 1FDKE3OGOPHB75493 (the "Bus"), which is owned by the Village, has become obsolete, has outlived its usefulness, has become inadequate for the public purposes for which it was intended, and is no longer needed for public purposes, and accordingly is hereby declared by the Village Council to be surplus personal property of the Village Section 3 Disposal Authorized That the Village Manager is hereby authonzed to sell or dispose of the Bus by negotiated sale, public advertisement, public auction or by other procedure established by the Village Manager The Bus shall be sold in "as is" condition, with no warranty of fitness or operability The proceeds of the sale shall be credited to the General Fund of the Village Section 4 Implementation That the Village Manager is authonzed to take any and all action necessary to implement this Resolution and the purposes hereof Section 5 Effective Date That this Resolution shall be effective immediately upon adoption PASSED AND ADOPTED this 10th day of February, 2004 Z C ( dAtt ( it MAYOR ROBERT OLDAKOWSKI 14 (41 CHITA H ALVAREZ, CMC, VILLAGE C APPROVED AS TO FORM AND LEGAL SUFFI VILLAG AT EY 103001\resolutions\establishing disposal of surplus s passenger bus 1 23 04 RESOLUTION NO 2004-5 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING USE OF CHANNEL 16 FOR PUBLICIZING OF AND PROVIDING CABLE TELEVISION COVERAGE FOR THE VILLAGE RECREATION DEPARTMENT EVENTS, ACTIVITIES AND PROGRAMS WHICH ARE INCLUDED IN THE MONTHLY CALENDAR OF EVENTS, AS GOVERNMENTAL PROGRAMMING, PURSUANT TO SECTION 2 1 7 OF THE VILLAGE OF KEY BISCAYNE POLICIES FOR PUBLIC, EDUCATIONAL AND GOVERNMENTAL ACCESS TELEVISION AS ADOPTED BY RESOLUTION NO 2004-3, AND PROVIDING FOR EFFECTIVE DATE WHEREAS, pursuant to Resolution No 2004-3, the Village Council has provided that Channel 16 shall be used solely for governmental programming as may be established from time to time by the Village Council, and WHEREAS, Section 2 1 7 of the Village of Key Biscayne Policies for Public, Educational and Governmental Access Television (the "Policies"), as adopted by Resolution No 2004-3, authonzes governmental programming which consists of certain enumerated programming and such other programming which the Village Council determines is in the public's interest and/or serves a public purpose, and WHEREAS, the Village Council hereby finds and determines that the publicizing of and the provision of cable television programming coverage for the events, activities and programs of the Village's Recreation Department, as reflected on the monthly calendar of events for the Recreation Department, are in the public's interest and serve a pubic purpose of promoting recreational, cultural and athletic events and activities which are sponsored or conducted by the Village Recreation Department for the residents and/or visitors of the Village NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS Section 1 Recitals Adopted That each of the above stated recitals is hereby adopted and confirmed Section 2 Authorization That governmental programming consisting of the publicizing of and the provision of cable television coverage for the events, activities and programs of the Village Recreation Department, as described above, is hereby authorized pursuant to Section 2 1 7 of the Policies Section 3 Effective Date That this resolution shall be effective immediately upon adoption hereof PASSED AND ADOPTED this 10th day of February , 2004 MAYOR ROBERT OLDAKOWSKI CONCHITA H ALVAREZ, CMC, VILLAGE CLE APPROVED AS T • FORM AND LEGAL SUFFICI VILLAGE A TO F /103 001/Resolutions/Use of Channel 16 by DMW 1 26 04 2 RESOLUTION NO 2004-6 A CAPITAL PROJECT AUTHORIZING RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, CONCERNING THE VILLAGE OF KEY BISCAYNE CIVIC CENTER PROJECT, AUTHORIZING CONSTRUCTION EXPENSE ITEMS DESCRIBED HEREIN, AUTHORIZING AMENDMENT NO 15 TO AGREEMENT BETWEEN OWNER AND CONSTRUCTION MANAGER CONCERNING MATTERS DESCRIBED THEREIN, PROVIDING FOR EFFECTIVE DATE WHEREAS, pursuant to Section 3 07(b) of the Village Charter, the Village Council desires to authorize the expenditure of Village funds for additional construction items for the Village's Civic Center Project (the "Project") as described in the Village Manager's Memorandum, marked as Exhibit "A" and attached hereto, and WHEREAS, it is necessary to amend the Agreement between the Village and Construction Manager to implement expenditures for the work authorized herein, and WHEREAS, the Village Council finds that it is in the best interest of the Village to proceed as indicated in this resolution NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS Section 1 Recitals Adopted That each of the recitals stated above is hereby adopted and confirmed Section 2 Work Authorized, Specification Of Funds. A That the construction activities for the matters described in Amendment No 15 and in Exhibit "A", attached hereto, are each hereby approved and authorized B That the fund amount and source for the work items are hereby authonzed and approved as descnbed in Exhibit "A " Section 3 Amendment To Agreement Approved. That Amendment No 15 to the Agreement between Village and Construction Manager, in substantially the form attached hereto, is hereby approved and the Village Manager and Village Clerk are hereby authonzed, in their respective capacities, to execute the Amendment to Agreement on behalf of the Village, once approved as to legal form and sufficiency by the Village Attorney Section 4 Implementation That the Village Manager is hereby authonzed to take any and all action necessary to implement the purposes of this resolution and the Amendment to Agreement Section 5 Effective Date That this resolution shall become effective upon its adoption PASSED AND ADOPTED this 10th day of February, 2004 LC Ck:taLLC CONCHITA H ALVAREZ, CMC, VILLAGE CLERK APPROVED AS TO F e ' AND LEGAL SUFFICIEN `,. VILLAGE A TO F \103001\Resolutions\authonzmg construction expense item No 15 1/ 28/04 MAYOR ROBERT OLDAKOWSKI 2 AMENDMENT TO AGREEMENT BETWEEN OWNER AND CONSTRUCTION MANAGER PROJECT NO PROJECT NAME AND LOCATION VKB-98069000 Village Community Center (Recreation Center) Village Fire Station, Police Station, and Administrative Office of the Village of Key Biscayne, Florida (the "Project") AMENDMENT NUMBER #15 (Owner Directed Design Changes at Village Fire Rescue, Police & Admimstration Buildings, and Site & Site Infrastructure Revisions ) THIS AMENDMENT made this 9th Day of December in the year Two Thousand and Three By and between the Village of Key Biscayne, Florida, a Flonda municipality, (the "Owner") and James A Cummings, Inc a Florida Corporation 3575 Northwest 53rd Street Ft Lauderdale, FL 33309 Phone (954) 733-4211, Fax (954) 485-9688, Federal Tax I D Number 59-2098732, (the "Construction Manager") WHEREAS, the Owner (as a direct signatory and through its former agent, the Department of Management Services of the State of Florida (the "DMS")) has previously entered mto the Agreement between the Owner and Construction Manager, and WHEREAS, the Agreement has previously been revised by Amendment Nos 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 and 14, WHEREAS, it is now necessary to revise the Agreement to mclude Work Associated with Owner Directed Design Changes for the Village Fire Rescue Station and Police and Administration Buildings, and Site & Site Infrastructure Revisions NOW, THEREFORE, in recognition of the good and valuable consideration provided by the covenants hereof between the parties, the Owner and the Construction Manager hereby Covenant and agree to amend the Agreement to mclude work for the Owner directed design changes for the Village Fire Rescue Station, Police and Administration Buildings, Site & Site Infrastructure Revisions and to identify its funding source, to identify the drawings, specifications and other documents upon which the GMP is based, and to otherwise revise the Agreement, as follows (1) Guaranteed Maximum Price - the Guaranteed Maximum Price (GMP) for construction of Project VKB-98069000, Village Community Center, Village Fire Station, Village Police Station, and Administrative Office of the Village, as defined m Article 7 1 of said Agreement shall be $22,464,165 59 (which includes the $286,867 00 GMP for the Work Associated with the Owner Directed Design Changes and Site & Site Infrastructure Revisions as listed below in items 2 a through 2 s for the Village Fire Rescue and Police and Administration Buildings ) (2) Drawings and Other Supportmg Documents - m addition to the drawings, specifications and other supporting documents identified in previous amendments (No 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 and 14) to the Agreement, the Guaranteed Maximum Pnce (GMP) for construction of the Project, is based upon the following drawings and other supporting documents a Proposal #R -110F to the Village of Key Biscayne from James A Cummings, Inc , dated July 24, 2003, and m accordance with OBM Miami, Inc RFI #0P0211 dated July 11, 2002, and Guerraro/Gonzalez Engineers correspondence dated March 10, 2003, which are attached hereto as Exhibit "A 1 " b Proposal #R -111F to the Village of Key Biscayne from James A Cummings, Inc , dated July 23, 2003, and m accordance with OBM Miami, Inc Correspondence dated June 11, 2002, which are attached hereto as Exhibit "A 2 " c Proposal #R -112F to the Village of Key Biscayne from James A Cummings, Inc , dated August 11, 2003, and m accordance with HDR/Fitzgerald Consulting Group Drawing EY 102 dated July 10, 2002, which are attached hereto as Exhibit "A 3 " d Proposal #R -113F to the Village of Key Biscayne from James A Cummings, Inc , dated August 22, 2003, and m accordance with OBM Miami, Inc RFI #0P0268 dated August 13, 2002, which are attached hereto as Exhibit "A 4 " e Proposal #R -114F to the Village of Key Biscayne from James A Cummings, Inc , dated August 26, 2003, and m accordance with OBM Miami, Inc RFI #0P0242 dated September 20, 2002, which are attached hereto as Exhibit "A 5 " f Proposal #R -58P to the Village of Key Biscayne from James A Cummings, Inc , dated June 7, 2003, which are attached hereto as Exhibit "A 6 " g Proposal #R -60P to the Village of Key Biscayne from James A Cummings, Inc , dated August 1, 2002, which are attached hereto as Exhibit "A 7 " h Proposal #R -118P to the Village of Key Biscayne from James A Cummings, Inc , dated July 16, 2003, and in accordance with Fuster Design Associates Revised Drawings L1, L2, I1 and I2 dated May 28, 2003, and Drawing 11 dated July 16, 2003, which are attached hereto as Exhibit "A 8 " 1 Proposal #R -119P to the Village of Key Biscayne from James A Cummings, Inc , dated July 18, 2003, and in accordance with Spillis Candela DMJM RFI #PCO207 dated July 18, 2003, which are attached hereto as Exlubit "A 9 " J Proposal #R -120P to the Village of Key Biscayne from James A Cummings, Inc , dated July 20, 2003, and in accordance with ITC No 36 dated April 10, 2003 and Spillis Candela DMJM Revised Drawings C2 1 01, C3 1 01 and C4 1 01 dated March 13, 2003, and Electrical Drawings El 200 and E5 1 02 dated Apnl 10, 2003, which are attached hereto as Exhibit "A 10 " k Proposal #R -121P to the Village of Key Biscayne from James A Cummings, Inc , dated July 20, 2003, which are attached hereto as Exhibit "A 11 " 1 Proposal #R -122P to the Village of Key Biscayne from James A Cummings, Inc , dated August 11, 2003, and in accordance with Spillis Candela DMJM ITC No 16 (Rev 1) dated March 28, 2002, which are attached hereto as Exhibit "A 12 " m Proposal #R -123P to the Village of Key Biscayne from James A Cummings, Inc , dated August 25, 2003, and in accordance with Spillis Candela DMJM RFI #PC0160 dated August 14, 2002, which are attached hereto as Exhibit "A 13 " n Proposal #R -124P to the Village of Key Biscayne from James A Cummings, Inc , dated September 3, 2003, and in accordance with Spills Candela correspondence dated August 13, 2003 and Mechanical and Electrical sketches MSK-5, ESK-37 and ESK-38 dated August 11, 2003, which are attached hereto as Exhibit "A 14 " o Proposal #R -11I to the Village of Key Biscayne from James A Cummings, Inc , dated July 24, 2003, and m accordance with WASA comments on Spillis Candela DMJM Drawings C 1 1 01 & C 1 1 02 dated October 22, 2002 (Rev 3), which are attached hereto as Exhibit "A 15 " p Proposal #R -12I to the Village of Key Biscayne from James A Cummings, Inc , dated July 28, 2003, and m accordance with Fuster Design Associates Drawings L1 & L2 dated April 7, 2003 and Ii, 12 & I3, dated June 16, 2003, which are attached hereto as Exhibit "A 16 " q Proposal #R -13I to the Village of Key Biscayne from James A Cummings, Inc , dated August 1, 2003, and in accordance with Spillis Candela DMJM Revised Civil Drawings C 1 1 03, C 1 1 05 through C6 1 02 and C7 1 00 through C7 1 05 dated March 27, 2003, which are attached hereto as Exhibit "A 17 " r Proposal #R -14I to the Village of Key Biscayne from James A Cummings, Inc , dated August 25, 2003, and in accordance with Spillis Candela DMJM RFI's #1017 (dated 06/09/03) & I017A (dated 07/17/03), and Revised Electrical Civil Drawings EEO 1 01, EE 1 1 02 & EE 1 1 08 dated July 16, 2003, which are attached hereto as Exlubit "A 18 " s Proposal #R -17I to the Village of Key Biscayne from James A Cummings, Inc , dated October 7, 2003, and m accordance with the request provided by the Village of Key Biscayne Public Works, which are attached hereto as Exhibit "A 19 " t The revised Project Budget, which is attached hereto as Exhibit "B " (3) Changes in Agreement — various changes are required to the exhibits and articles of the Agreement to reflect the amendments described herein It is agreed that the articles and exhibits of the Agreement shall be deemed to be amended, to provide the following a Establishment of the GMP for Work Associated with the Owner Directed Design Changes for the Fire Rescue, Police and Administration Buildings, and Site & Site Infrastructure Revisions in the amount of $286,867 00, and establishment of the GMP for the Project of $22,464,165 59 (4) Effect On Agreement - except as provided above, the articles and exhibits of the Agreement which are not affected by the amendments provided for herein shall remain in full force and effect IN WITNESS WHEREOF, the parties have executed this Amendment the day and year first wntten above JAMES A CUMMINGS, INC Attest By PC -Y. -k -P a__ lra..,.o By a0 ) Corporate Secretary v rp tary ��/►i(EL � /�iq G �S William R Derrer, Corporate President James A Cummings, Inc Witnessed By By Approved as to form and leg .. su " ciency By 4/Ale__ ,CAA iJc !&L4 K c (print name) n J IAVn's' Po\1AC.(L (print name) 1 VILLAGE OF KEY BISCAYNE Village Attorney 103001 \agreements\amendment to agree ent . - een owner and construction manager (Corporate Seal) EXHIBIT B OWNER S CONSTRUCTION BUDGET ITEM DESCRIPTION CONSTRUCTION BUDGET CONSTRUCTION MANAGER S PRECONSTRUCTION PHASE FEE $113 190 00 SUBTOTAL OWNER S TOTAL PRECONSTRUCTION PHASE FEE $113 190 00 VILLAGE FIRE RESCU$ DEPARTMENT & ADMINISTRATION AND PQLICE FACILITY CONSTRUCTION MANAGER S CONSTRUCTION PHASE FEE $527,392 00 CONSTRUCTION MANAGER S OVERHEAD & PROFIT $457 223 00 CONSTRUCTION BUDGET BALANCE $9 878,355 00 AMENDMENT NO 09 - OWNER REQUESTED CHANGES $232 893 00 AMENDMENT NO 15 - OWNER DESIGN CHANGES $182 318 00 SUBTOTAL CONSTRUCTION COSTS $11 278 181 00 ANTICIPATED OWNER SALES TAX SAVINGS ($159 266 00) SUBTOTAL $11 118 915 00 OWNER S CONTINGENCY $256 924 00 OWNER S GMP BUDGET FIRE RESCUE & ADMINISTRATION/POLICE $11 375 839 00 OWNER S CONSTRUCTION BUDGET FIRE RESCUE & ADMINISTRATION/POLICE WITH PRECONSTRUCTION FEE $11,489,029 00 VILLAGE CIVIC CENTER SITE &SITE INFRASTRUCTURE WORK ELECTRICAL DUCT BANK AND WATER MAIN CONSTRUCTION MANAGER S CONSTRUCTION PHASE FEE $119 226 00 CONSTRUCTION MANAGER S OVERHEAD & PROFIT $34 521 00 CONSTRUCTION BUDGET BALANCE $647 913 00 OWNER S CONSTRUCTION BUDGET VILLAGE CIVIC CENTER SITE & SITE INFRASTRUCTURE WORK ELECTRICAL DUCT BANK AND WATER MAIN $801,660 00 VILLAGE CIVIC CENTER SITE & SITE INFRASTRUCTURE WORK PHASES 1, 2, 3, 4, 5 & 6 (INCLUDING STATE SCHOOL "FF SANITARY SEWER FORCE MAIN) CONSTRUCTION MANAGER S CONSTRUCTION PHASE FEE $62 63000 CONSTRUCTION MANAGERS OVERHEAD & PROFIT $84 541 00 AMENDMENT NO 15 - OWNER DESIGN CHANGES $104 549 00 CONSTRUCTION BUDGET BALANCE $1 842 045 00 OWNER S CONSTRUCTION BUDGET VILLAGE CIVIC CENTER SI'I & SITE INFRASTRUCTURE WORK $2,093,765 00 VILLAGE COMMUNITY CENTER (RECREATION CENTER) CONSTRUCTION MANAGER S CONSTRUCTION PHASE FEE $771 920 00 CONSTRUCTION MANAGER S OVERHEAD & PROFIT $425 691 00 CONSTRUCTION BUDGET BALANCE $9 141 302 00 EXHIBIT B (cont'd ) OWNER S CONSTRUCTION BUDGET ITEM DESCRIPTION OWNER S CONSTRUCTION BUDGET VILLAGE COMMUNITY CENTER (RECREATION CENTER) OWNER CHANGE ORDERS OWNER CHANGE ORDER NO 1 OWNER CHANGE ORDER NO 2 SUBTOTAL OWNER S CHANGE ORDERS OWNER S TOTAL CONSTRUCTION BUDGET (ALL PHASES) CONSTRUCTION BUDGET $10338,913 00 ($1 140 899 62) ($1 118 301 79) ($2,259,20141) $22 464 165 59 Page 1 * * 42_ 16 Future Amendment SKYLINE MANAGEMENT GROUP Village of Key Biscayne CHIC CENTER PROJECT James A. Cwnmtnas. inc. Desc ripbon 1 Original Contract 2 Amendment 1 3 Amendment 2 4 Amendment 3 S Amendment 4 6 Amendment 5 7 Amendment 6 8 BUDGET RECAP / STATUS Scope Pre -construction Fire and Village Hall Buildings Site / infrastructure (utilities) Site / infrastructure (site roads landscape) Fire / Village Hal Community Room Addition Community Center Building Site / Infrastructure Force Main October 212003 Budget S 113,190 $ 10 715 380 $ 801860 $ 1 433 035 S 189 058 $ 9 818 670 S 156 089 Status Approved Approved Approved Approved Approved Approved Approved Subtotal to Date GMP's $ 23,227,082 Approved 9 Amendment 7 10 Amendment 8 11 Amendment 9 12 Amendment 10 13 Amendment 11 14 Amendment 12 15 Future Amendment Fire / Village Hall Generator Building Fire / Village Hall Parking Lot Fire / Village Hall Value Added Modifications Community Center Misc Modifications Community Center Additional Sheet Piling Community Center Recharge Dewatering System Fire / Village Hap Misc. Modifications S 72,760 40 085 tj 232,893 S 40 043 S 56265 S 81728 S 87 578 17 Future Amendment 18 Future Amendment 19 Future Amendment 20 Future Amendment Site / infrastructure Misc Modifications Community Center Re -design Site / Infrastructure CM Engineering Modifications Site / Infrastructure (Balance of Amendment 3) Fire / Village Hal Addnt. Builders Risk ins 21 22 23 24 25 26 Future Amendment Future Amendment Future Amendment Future Amendment Site I Infrastructure Crandon Blvd Signalization Site / Infrastructure Passive Park (Citgo Site) Community Center G C Delay Cost Community Center Delay Addnl Builders Risk Ins S 126 056 $ 395 483 S 45 759 S 400 092 S 106 384 S 200 000 S 40 000 S 327 744 S 84 793 Approved Approved Pending Council Action Pending Council Action Pending Council Action Pending Submission to Council Pending Final Cost Evaluation Pending Final Cost Evaluation Pending Final Cost Evaluation Pending Final Cost Evaluation Pending Final Cost Evaluation Pending Submission to Council Design / Cost Pending Allowance Pending Design Pending Submission to Council Pending Underwriter Review General Contractor Amendments $ 2,337,663 Approved or Pending Total General Contractor Cost 25,564,745 - 4 14'12- 4.44 92 Oa), 12E)4 43tAXIST 512. l o CP ''YtA ot4b ; Comment Added Value Added Value Added Value Added Value Impact Cost Impact Cost Added Value Added Value Added Value Added Value Added Value Impact Cost Added Value Added Value Impact Cost impact Cost Nc•'Gt)ALd. 104,54c1 toCet,E4- 4> 42-6(P, t3G4144431/2•0/ -#1*) vkb cost report Page 1 RESOLUTION NO 2004-7 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING AND APPROVING PROFESSIONAL SERVICES AGREEMENT BETWEEN SKYLINE MANAGEMENT GROUP, INC ("SKYLINE") AND THE VILLAGE OF KEY BISCAYNE, PROVIDING FOR VILLAGE TO OBTAIN THE SERVICES OF SKYLINE AS THE BUILDING MANAGER FOR VILLAGE'S CIVIC CENTER COMPLEX, AUTHORIZING IMPLEMENTATION OF CONTRACT, PROVIDING FOR EFFECTIVE DATE WHEREAS, the Village solicited proposals for professional services as Building Manager for the Village's Civic Center Complex (the "Complex"), and WHEREAS, the Village Manager has recommended that the firm of Skyline Management Group, Inc , be retained as Building Manager, and WHEREAS, the Village Council having received the recommendation of the Village Manager, hereby finds and determines that retaining the professional services of Skyline, as Building Manager for the Complex, is in the best interest of the Village NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS Section 1 Recitals Adopted That each of the recitals stated above is hereby adopted and confirmed Section 2 Professional Service Contract Authorized That the Professional Services Agreement (the "Agreement") between the Village and Skyline Management Group, Inc, ("Skyline") for Building Manager services, is hereby approved and the Village Manager is hereby authorized, on behalf of the Village, to execute the Agreement, in substantially the form attached hereto, once approved as to form and legal sufficiency by the Village Attorney Section 3 Implementation That the Village Manager is hereby authonzed to take any and all action necessary to implement this Resolution and the Agreement Section 4 Effective Date That this Resolution shall be effective immediately upon adoption hereof PASSED AND ADOPTED this 10th day of February , 2004 'LLldti4(tL MAYOR ROBERT OLDAKOWSKI CONCHITA H ALVAREZ, CMC, VILLAGE C APPROVED AS TO FORM AND LEGAL SUFFI VILLAGE • TTO' F \100\103001\Resolutions \Building Management Contract doc 2 "Exhibit A" Scope of Services The following is an outline of the scope of services to be provided by the Building Manager for the Village of Key Biscayne Civic Center 1 Establish a scheduled program for the complex to include short term and long term preventive maintenance, repair and cleaning for the physical plant including extenor building facade (walls, windows, roofs, fountains, pools and walkways immediately adjacent to buildings), all mechanical systems including heating, air conditioning, and plumbing, all electncal equipment associated with the buildings, [not including office equipment or devices], including penodic servicing of switches, panels, breakers, and the replacement of light bulbs and fixtures as necessary, and elevators Schedule shall identify routine maintenance, cleaning, and upkeep along with penodic service, repair and maintenance of equipment 2 Create yearly budget for all services noted in paragraph 1 above for incorporation into Village Annual Budget 3 Solicit, receive, review and recommend to the Village Manager all short term cleaning service and supply contracts which may be appropnate for the complex 4 Solicit, receive, review and recommend to the Village Manager all long term maintenance agreements required to provide service for heating and air conditioning equipment, roofing, elevators, pools, fountains, fire spnnkler and alarms, secunty systems, and electncal supply equipment 5 Provide 24 hours a day contact to receive all emergency maintenance requests generated by facility agency users 6 Building Manager will provide on site staff personnel necessary to monitor the services of the appropnate vendor, supplier, or maintenance provider in office facilities provided by the Village F \100\103001\E hb t A property manager doc 3 VILLAGE OF KEY BISCAYNE AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT, made and entered into this 11th day of February, 2004, by and between the VILLAGE OF KEY BISCAYNE (the "VILLAGE") and SKYLINE MANAGEMENT GROUP, INC , a Florida corporation (the "CONSULTANT") RECITALS The VILLAGE wants to engage the CONSULTANT to perform certain professional services as Building Manager for the VILLAGE's Civic Center Complex (the "Complex"), as specifically described in the Scope of Services provided in Exhibit "A" to this Agreement ("Specified Services") The CONSULTANT wants to provide such Specified Services In consideration of the mutual covenants set forth in this Agreement, the parties agree as follows 1 SCOPE OF SERVICES A The CONSULTANT agrees to provide the Specified Services upon written request from the Village Manager B The Village Manager may add items to the enumerated Specified Services which she finds are necessary for the full performance of the Building Management function C CONSULTANT shall expend all necessary efforts to competently and professionally complete all tasks of the Buildmg Manager so that the Complex facilities are successfully operated 2 FEES FOR SERVICES, OFFICE SPACE A As full compensation for satisfactory performance of the Specified Services, the CONSULTANT agrees to charge and shall be paid by the Village an amount of Seven Thousand Five Hundred Dollars ($7,500) per month for the period of February 11, 2004 until October, 2004 (or until Community Center is complete) and Eight Thousand Five Hundred ($8,500) per month for each subsequent month of the initial term Fees shall be paid in arrears each month, pursuant to monthly invoice, with proration for the first and last months fees B Additionally, CONSULTANT shall be reimbursed by VILLAGE for reasonable and necessary costs, including travel (outside of Dade, Broward and Palm Beach Counties), photocopying, document reproduction requested by VILLAGE, long distance telephone, federal express, and postage, as approved by the Village Manager C The VILLAGE shall provide, at no cost to the CONSULTANT, office space at the Complex and office supplies, office furniture, telephone, office equipment (excluding computers and accessories) All of the foregoing shall be used exclusively for the provision of services required by this Agreement 3 TERM The duration of the term of this Agreement shall commence upon execution hereof and is for an initial term of one (1) year, commencing on February 11, 2004 and ending on February 10, 2005, unless extended by the Village Manager or earlier terminated pursuant to paragraph 8 4 RECORDS All ongmal sketches, tracings, drawings, computations, details, reports, calculations, work papers and other documents and plans that result from the CONSULTANT providing Specified Services shall be the property of the VILLAGE Upon termination of this Agreement or upon request of the VILLAGE dunng the term of this Agreement, any and all such documents shall be delivered to the VILLAGE by the CONSULTANT 5 INSURANCE A The CONSULTANT shall at all times carry comprehensive general liability and contractual liability insurance, workers' compensation insurance (if applicable), and automotive liability insurance, with minimum policy limits for each coverage in the amount of at least Five Hundred Thousand ($500,000 00) Dollars per occurrence, combined single limit, for property damage and bodily injury, including death, except that the dollar amount of workers compensation coverage (if applicable) shall be as provided by Chapter 440, Fla Stat The VILLAGE shall be named as an additional insured on all of the above insurance policies, to the extent permitted by law Each insurance policy shall state that it is not subject to cancellation or reduction in coverage without written notice to the VILLAGE 30 days pnor to the effective date of cancellation or reduction of coverage B CONSULTANT shall indemnify and hold harmless the VILLAGE, its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness or intentional wrongful conduct of the CONSULTANT and persons employed or utilized by the CONSULTANT in the performance of the Agreement 6 ASSIGNMENT This Agreement shall not be assignable by the CONSULTANT 7 PROHIBITION AGAINST CONTINGENT FEES The CONSULTANT warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this Agreement, and that it has not paid or agreed to pay any person(s), company, corporation, individual or firm, other than a bona fide employee working solely for the CONSULTANT any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Agreement 8 TERMINATION This Agreement may be terminated by the VILLAGE upon forty-five (45) days wntten notice with or without cause and by the CONSULTANT upon ninety (90) days wntten notice with or without cause If this Agreement is terminated, the CONSULTANT shall be paid in accordance with the provisions of paragraph 2 for all acceptable work performed up to the date of termination 9 NONEXCLUSIVE AGREEMENT The services to be provided by the CONSULTANT pursuant to this Agreement shall be nonexclusive and nothing herein shall preclude the VILLAGE from engaging other firms to perform the same or similar services for the benefit of the VILLAGE within the VILLAGE's sole and absolute discretion 10 ENTIRE AGREEMENT The parties hereby agree that this is the entire agreement between the parties This Agreement cannot be amended or modified without the express wntten consent of the parties The Village Manager shall act for VILLAGE hereunder 11 WARRANTIES OF CONSULTANT The CONSULTANT hereby warrants and represents that at all times dunng the term of this Agreement it shall maintain in good standing all required licenses, certifications and permits required under Federal, State and local laws necessary to perform the Specified Services for Village as an independent contractor of the Village 12 NOTICES All notices and communications to the VILLAGE or CONSULTANT shall be in wnting and shall be deemed to have been properly given if transmitted by registered or certified mail or hand delivery All notices and communications shall be effective upon receipt Notices shall be addressed as follows Village With a copy to CONSULTANT Jacqueline R Menendez Village Manager Village of Key Biscayne 88 West McIntyre Street Key Biscayne, FL 33149 Village Attorney c/o Weiss Serota Helfinan Pastonza Guedes Cole & Boniske, P A 2665 South Bayshore Dnve Suite 420 Miami, Flonda 33133 Skyline Management Group, Inc 4040 N E 2nd Avenue, Suite 305 Miami, Flonda 33137 Attention Paul T Abbott 13 GOVERNING LAW, LITIGATION This Agreement shall be construed in accordance with the laws of the State of Flonda Venue for any litigation hereunder shall be in Miami -Dade County, Flonda The parties voluntarily waive the nght to any trial by jury in any litigation hereunder 5 IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement upon the terms and conditions above stated on the day and year first above wntten CONSULTANT SKYLINE MANAGEMENT GROUP, INC 4040 N E 2nd Avenue, Suite 305 Miami, Flon 33137 By 1 Abbott Title ' IG) �. t F \100\103001\Agreements\Buildmg Management Contract doc 6 VILLAGE VILLAGE OF KEY BISCAYNE 88 West McIntyre Street Key Bisc e, FL 33149 llage Clerk ed as to Legal Fo ` and Sufficiency LX X Amp. CERTIFICATE OF LIABILITY INSURANCE PROBUCSIt Insurance t Marketers , Inc 141 Maori. Avenue Coral Gable is 1% 33134 Phone 305-442-9507 Fax 305-447-8527 INSURED ► ABBOTT GEM NT GROUP, Dm vAl4040 NZ 2 /MX SUITE 1 305 14141141 FL 33137 COVERAGES DATE (MMIDDNYYY) s1vrL -1` 02/1 04 THIS CERTIFICATE IS ISSUED AS A MAT TER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NO1 AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLIES BELOW INSURERS AFFORDING COVERAGE NAIC # INSURER A Assurance C of Amexzca I SURER a Florida Retail, Fadaxation Self INSURER C INSURER a INSURER E. The POuc*s OF ieuRANCE LISTED SLOW HAVE BEEN ISSUED TO THE INSURED NAMED ASOVE FOR THE POLICY PERIOD ERECATED NOTINTTHS rANOM3 ANY REQuIREIB I Taw OR COMMON OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CIOMFICATS MAY EE ISSUED OR MAY PERTAIN. TNt INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONIT11ONS 0 SUCH POLICES MORE ATE LIMITS SHOWN MAY WAVE SEEN REDUCED BY PAID CLAIMS rrFE Of INSURANCE MLR! I L AEA✓ Y S CO JMERCIAL GENERAL UARIUTY CLAMS MADE Ei OCCUR GorL IGREGATE LMIT APPLIES PER' 371 Pa tCY El PR_CO_ ( l LOC AUTos I BILE LUABLITY r—� AN AUTO AL OWNED AUTOS SC IEDULED AUTOS H1 SO AUTOS FK *OWNED AUTOS OARAG " LIABILITY At ' AUTO POLICY NUMBER PIMA 42952128 42952128 IfUMBRELLA I LAWN. TY of UJP CLAIMS MADE DUCTa S RS TENTION : C SAPENSATION AND o = IBE3 E uRDiFD7 DIVE tarot deeort t ur or Wtt lf ow 8ION$ below a TBA DeSCRIPTION OAF I IFORATTMNS I LOCATIONS IVEINICLE9 1116 CERTIFICATE FOLDER 01/07/04 01/07/04 EACH cc°ui tRENCE s 1, 000,000 01/07/05 11=1457:11;1-0 $ 100,000 MED EXP (Pry one person) 1110 , 000 $1,000,000 GENERAL Ac IOREQATE s 21000 , 000 01/07/05 PRODUCTS COMP/OP AGG $ 2 , 000 , 000 ammo I I ALE LIMIT ma accident BODtY INJL ICY (Per mien) (Pow occident I s1,000,000 AUTO ONLY EA A CEENT 02/03/04 EXCLUSIONS ADDED BY ENOORSENEHT OTHER THA 4 NINA ACC S AUTO ONLY AGG $ EACH OCCt RRENCE Ri AOGREGAT 02/03/05 S $ $ X TIM Mnrs I"itr— ER EL EACH /.CCIdeNT $100000 EL DLSEP4 E LA EMPLOYEE SPECIAL PROVISIONS CANCELLATION ✓ kilage of Key B2. oayne A I^tn Jacqueline R Menendez o r1lage Manger III) West McIntyre Street Pay Biscayne FL 33149 VILLA K1 s 100000 EL DI8EAI E POLICY LIMIT s 500000 SHOULD ANY OF THE ABOVE DESCRIBED POLICI r.$ RE CANCELLED BEFORE THE EXPIRATION DATE THEREOF THE ISSUING INSURER WILL ENI IEAVOR TO NAIL 10 OATS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED T ! THE LEFT BUT FAILURE TO DO SO SMALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY K ND UPON THE JAMMER. ITS AGENTS OR REPRESENTATIVES TATIVE ACORD 25 (2i D1,08) 0 ACORD CORPORATION 1988 RESOLUTION NO 2004-8 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, SUPPORTING THE MIAMI-DADE COUNTY COMMISSION IN THEIR EFFORTS TO IMPLEMENT A VOTING MECHANISM THAT PROVIDES FOR A PAPER RECORD WHEREAS, the Village Council of the Village of Key Biscayne supports the Miami -Dade County Commission in their efforts to establish a paper back-up system so as to assure the public of the accuracy of the new voting system, and WHEREAS, with a paper back-up system the results of an election will be available for inspection in any dispute over election results in the event that there is any technological failure of the new touch screen system NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE AS FOLLOWS Section 1 The Village Council of the Village of Key Biscayne supports the efforts of the Miami -Dade County Commission to implement a voting mechanism that provides for a paper record Section 2 That the Village Clerk is hereby directed to send a copy of this resolution to Commissioner Jimmy L Morales and to the County Manager Section 3 That this resolution shall take effect immediately upon adoption PASSED AND ADOPTED this 24th day of February , 2004 4,0 uttilml.,: CHITA H ALVAREZ, CMC, VILLAGE CLE APPROVED AS TO ORM AND LEGAL SUFFIC VILLAGE TTORN MAYOR ROBERT OLDAKOWSKI tikErtr Qt: rd»_ ; �it..g � S hYi vin _*i 1 4:v "?- PIO RESOLUTION NO 2004-9 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING AND ADOPTING THE CRANDON BOULEVARD MASTER PLAN AND DIRECTING THE VILLAGE MANAGER TO INITIATE ALL NECESSARY ACTION TO COMMENCE THE IMPLEMENTATION OF SAID PLAN, PROVIDING FOR AN EFFECTIVE DATE WHEREAS, on February 8, 2002, the Village of Key Biscayne and Miami -Dade County entered into an Interlocal Agreement authorizing the creation of a master plan for the development, use and operation of Crandon Boulevard within the Village's boundanes, and WHEREAS, on January 26, 2003, the Village Council established an 18 -member Crandon Boulevard Streetscape Citizen's Advisory Committee to develop the master plan for Crandon Boulevard, and WHEREAS, after lengthy and comprehensive study, including substantial public participation, the Crandon Boulevard Streetscape Advisory Committee, at its meeting of January 29, 2004, unanimously voted to recommend that the Village Council adopt the Crandon Boulevard Master Plan, dated February 2004, which is attached as Exhibit "A" to this resolution, and WHEREAS, the Village Council has considered the Committee's recommendation and acknowledges and is grateful for the Committee's efforts NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS Section 1 Recitals Adopted Each of the recitals stated above is hereby adopted and confirmed Section 2 Master Plan Approved The Village Council hereby adopts and approves the attached Crandon Boulevard Master Plan Section 3 Implementation The Village Manager is hereby directed to take all necessary and appropriate action to commence the implementation of the Crandon Boulevard Master Plan Section 4 Effective Date That this resolution shall take effect immediately upon adoption hereof PASSED AND ADOPTED this 24th day of February, 2004 /4) ato. b la (____ MAYOR ROBERT OLDAKOWSKI AT AA foe CHITA H ALVAREZ, CMC, VILLAGE CLE APPROVED AS TO FORM AND LEGALSUFFICIE " VILLAG TTORNE 4--‘ss-t-34.- F /103 001/Resolution/Approving Master Plan 2 RESOLUTION NO 2004-10 A CAPITAL PROJECT AUTHORIZING RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, CONCERNING THE VILLAGE OF KEY BISCAYNE CIVIC CENTER PROJECT, AUTHORIZING CONSTRUCTION EXPENSE ITEMS DESCRIBED HEREIN, AUTHORIZING AMENDMENT NO 16 TO AGREEMENT BETWEEN OWNER AND CONSTRUCTION MANAGER CONCERNING MATTERS DESCRIBED THEREIN, PROVIDING FOR EFFECTIVE DATE WHEREAS, pursuant to Section 3 07(b) of the Village Charter, the Village Council desires to authonze the expenditure of Village funds for additional construction items for the Village's Civic Center Project (the "Project") as descnbed in the Village Manager's Memorandum, marked as Exhibit "A" and attached hereto, and WHEREAS, it is necessary to amend the Agreement between the Village and Construction Manager to implement expenditures for the work authonzed herein, and WHEREAS, the Village Council finds that it is in the best interest of the Village to proceed as indicated in this resolution NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS Section 1 Recitals Adopted. That each of the recitals stated above is hereby adopted and confirmed Section 2 Work Authorized, Specification Of Funds A That the construction activities for the matters descnbed in Amendment No 16 and in Exhibit "A", attached hereto, are each hereby approved and authonzed B That the fund amount and source for the work items are hereby authonzed and approved as descnbed in Exhibit "A " Section 3 Amendment To Agreement Approved That Amendment No 16 to the Agreement between Village and Construction Manager, in substantially the form attached hereto, is hereby approved and the Village Manager and Village Clerk are hereby authonzed, in their respective capacities, to execute the Amendment to Agreement on behalf of the Village, once approved as to legal form and sufficiency by the Village Attorney Section 4 Implementation That the Village Manager is hereby authonzed to take any and all action necessary to implement the purposes of this resolution and the Amendment to Agreement Section 5 Effective Date That this resolution shall become effective upon its adoption PASSED AND ADOPTED this 9th day of March, 2004 teti,dt L — MAYOR ROBERT OLDAKOWSKI ATT T d4SI-h/Ne HITA H ALVAREZ, CMC, VILLAGE CLE APPROVED AS TO FORM AND LEGALSUFFICIE VILLAGE ATT F \103001\Resolutions\a o ing construction expense item No 16 2 25 04 2 A AMENDMENT TO AGREEMENT BETWEEN OWNER AND CONSTRUCTION MANAGER PROJECT NO PROJECT NAME AND LOCATION AMENDMENT NUMBER VKB-98069000 Village Community Center (Recreation Center) Village Fire Station, Police Station, and Admuustrative Office of the Village of Key Biscayne, Florida (the "Project") #16 (Permit Drawing Changes and Value Engineering Savings for the Village Community Center ) THIS AMENDMENT made this 22nd Day of December in the year Two Thousand and Three By and between the Village of Key Biscayne, Florida, a Florida municipality, (the "Owner") and James A Cummings, Inc a Florida Corporation 3575 Northwest 53rd Street Ft Lauderdale, FL 33309 Phone (954) 733-4211, Fax (954) 485-9688, Federal Tax I D Number 59-2098732, (the "Construction Manager") WHEREAS, the Owner (as a direct signatory and through its former agent, the Department of Management Services of the State of Florida (the "DMS")) has previously entered into the Agreement between the Owner and Construction Manager, and WHEREAS, the Agreement has previously been revised by Amendment Nos 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, and 15, WHEREAS, it is now necessary to revise the Agreement to include Work Associated with Permit Drawing Changes for the Village Community Center, and Value Engineering Changes NOW, THEREFORE, in recognition of the good and valuable consideration provided by the covenants hereof between the parties, the Owner and the Construction Manager hereby covenant and agree to amend the Agreement to include work for the Permit Drawing Changes and Value Engineering Changes for the Village Community Center, and to identify its funding source, to identify the drawings, specifications and other documents upon which the GMP is based, and to otherwise revise the Agreement, as follows (1) Guaranteed Maximum Price — the Guaranteed Maximum Price (GMP) for construction of Project VKB-98069000, Village Community Center, Village Fire Station, Village Police Station, and Administrative Office of the Village, as defined m Article 7 1 of said Agreement shall be $22,788,915 59 (which includes the $355,318 00 GMP for the Work Associated with the Permit Drawing and Value Engineering Changes for the Village Community Center as listed below in items 2 a through 21 for the Village Community Center ) (2) Drawings and Other Supporting Documents - in addition to the drawings, specifications and other supporting documents identified in previous amendments (No 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14 and 15) to the Agreement, the Guaranteed Maximum Price (GMP) for construction of the Project, is based upon the following drawings and other supporting documents a Proposal #R -05C to the Village of Key Biscayne from James A Cummings, Inc , dated June 22, 2003, and in accordance with Robert G Curve Partnership ITC's No 01 (drawings dated 10/22/02), No 02 (drawings dated 01/27/03), No 03 (drawings dated 02/21/03), No 04 (drawings dated 02/27/03), No 05 (drawings dated 03/14/03), No 06 (drawings stamped received on 3/17/03), No 08 (noted as Revision #5, dated 3/31/03), which are attached hereto as Exhibit "A 1 " b Proposal #R -06C to the Village of Key Biscayne from James A Cummings, Inc , dated June 22, 2003, and in accordance with Robert G Cume Partnership ITC's No 01 (drawings dated 10/22/02), No 02 (drawings dated 01/27/03), No 03 (drawings dated 02/21/03), No 04 (drawings dated 02/27/03), No 05 (drawings dated 03/14/03), No 06 (drawings stamped received on 3/17/03), No 08 (noted as Revision #5, dated 3/31/03), which are attached hereto as Exhibit "A 2 " c Proposal #R -07C to the Village of Key Biscayne from James A Cummings, Inc , dated September 17, 2003, and in accordance with Robert G Currie Partnership ITC's No 01 (drawings dated 10/22/02), No 02 (drawings dated 01/27/03), No 03 (drawings dated 02/21/03), No 04 (drawings dated 02/27/03), No 05 (drawings dated 03/14/03), No 06 (drawings stamped received on 3/17/03), No 08 (noted as Revision #5, dated 3/31/03), which are attached hereto as Exhibit "A 3 " d Proposal #R -08C to the Village of Key Biscayne from James A Cummings, Inc , dated June 22, 2003, and in accordance with Robert G Cume Partnership ITC's No 01 (drawings dated 10/22/02), No 02 (drawings dated 01/27/03), No 03 (drawings dated 02/21/03), No 04 (drawings dated 02/27/03), No 05 _ (drawings dated 03/14/03), No 06 (drawings stamped received on 3/17/03), No 08 (noted as Revision #5, dated 3/31/03), which are attached hereto as Exhibit "A 4 " e Proposal #R -09C to the Village of Key Biscayne from James A Cummings, Inc , dated June 22, 2003, and in accordance with Robert G Cume Partnership ITC's No 01 (drawings dated 10/22/02), No 02 (drawings dated 01/27/03), No 03 (drawings dated 02/21/03), No 04 (drawings dated 02/27/03), No 05 (drawings dated 03/14/03), No 06 (drawings stamped received on 3/17/03), No 08 (noted as Revision #5, dated 3/31/03), which are attached hereto as Exhibit "A 5 " f Proposal #R -10C to the Village of Key Biscayne from James A Cummings, Inc , dated September 22, 2003, and in accordance with Robert G Currie Partnership ITC's No 01 (drawings dated 10/22/02), No 02 (drawings dated 01/27/03), No 03 (drawings dated 02/21/03), No 04 (drawings dated 02/27/03), No 05 (drawings dated 03/14/03), No 06 (drawings stamped received on 3/17/03), No 08 (noted as Revision #5, dated 3/31/03), which are attached hereto as Exhibit "A 6 " g Proposal #R -12C to the Village of Key Biscayne from James A Cummings, Inc , dated July 29, 2003, and in accordance with Robert G Cume Partnership ITC's No 01 (drawings dated 10/22/02), No 02 (drawings dated 01/27/03), No 03 (drawings dated 02/21/03), No 04 (drawings dated 02/27/03), No 05 (drawings dated 03/14/03), No 06 (drawings stamped received on 3/17/03), No 08 (noted as Revision #5, dated 3/31/03), which are attached hereto as Exhibit "A 7 " h Proposal #R -18C to the Village of Key Biscayne from James A Cummings, Inc , dated October 7, 2003, and in accordance with Robert G Currie Partnership ITC's No 01 (drawings dated 10/22/02), No 02 (drawings dated 01/27/03), No 03 (drawings dated 02/21/03), No 04 (drawings dated 02/27/03), No 05 (drawings dated 03/14/03), No 06 (drawings stamped received on 3/17/03), No 08 (noted as Revision #5, dated 3/31/03), which are attached hereto as Exhibit "A 8 " Proposal #R -19C to the Village of Key Biscayne from James A Cummings, Inc , dated October 14, 2003, and in accordance with Robert G Currie Partnership ITC's No 01 (drawings dated 10/22/02), No 02 (drawings dated 01/27/03), No 03 (drawings dated 02/21/03), No 04 (drawings dated 02/27/03), No 05 (drawings dated 03/14/03), No 06 (drawings stamped received on 3/17/03), No 08 (noted as Revision #5, dated 3/31/03), which are attached hereto as Exhibit "A 9 " J Proposal #VE-01C to the Village of Key Biscayne from James A Cummings, Inc , dated September 3, 2003, which are attached hereto as Exhibit "A 10 " k Proposal #VE-02C to the Village of Key Biscayne from James A Cummings, Inc , dated October 29, 2003, and in accordance with Robert G Currie Partnership RFI Nos C054 (dated 09/09/03) and C062 (dated 09/22/03), which are attached hereto as Exhibit "A 11 " 1 The revised Project Budget, which is attached hereto as Exhibit "B " Changes in Agreement - various changes are required to the exhibits and articles of the Agreement to reflect the amendments described herein It is agreed that the articles and exhibits of the Agreement shall be deemed to be amended, to provide the following a Establishment of the GMP for Work Associated with the Permit Drawing and Value Engineering Changes for the Village Community Center m the amount of $355,318 00, and establishment of the GMP for the Project of $22,788,915 59 (4) Effect On Agreement - except as provided above, the articles and exhibits of the Agreement which are not affected by the amendments provided for herein shall remain in full force and effect IN WITNESS WHEREOF, the parties have executed this Amendment the day and year first written above JAMES A CUMMINGS, INC Attest By /C�1r ,ta__ I(GuLc,t3 By A Corporate Secretary Pamela Kalis (print name) tale (pnnt name) age Clerk By illiam R Derrer, Corporate President James A Cummings, Inc VILLAGE OF KEY BISCAYNE N, Approved as to form . d 1- gal sufficiency By Village Att 103001\agreements\amendment cement between owner and construction manager (Corporate Seal) Manager EXHIBIT B OWNER S CONSTRUCTION BUDGET ITEM DESCRIPTION CONSTRUCTION BUDGET CONSTRUCTION MANAGERS PRECONSTRUCTION PHASE FEE $113 190 00 SUBTOTAL OWNERS TOTAL PRECONSTRUCTION PHASE FEE $113.190.00 VILLAGE FIRE RESCUE DEPARTMENT & ADMINISTRATION AND POLICE FACILITY CONSTRUCTION MANAGERS CONSTRUCTION PHASE FEE $527 392 00 CONSTRUCTION MANAGER S OVERHEAD & PROFIT $457 223 00 CONSTRUCTION BUDGET BALANCE $9 862 250 00 AMENDMENT NO 09 - OWNER REQUESTED CHANGES $232 893 00 AMENDMENT NO 15 - OWNER DESIGN CHANGES $182 318 00 SUBTOTAL CONSTRUCTION COSTS $11,262,076.00 ANTICIPATED OWNER SALES TAX SAVINGS ($159,266 00) SUBTOTAL $11.102.810.00 OWNERS CONTINGENCY $256 924 00 OWNERS GMP BUDGET FIRE RESCUE & ADMINISTRATION/POLICE 511.359.734.00 OWNERS CONSTRUCTION BUDGET FIRE RESCUE & ADMINISTRATION/POLICE WITH PRECONSTRUCTION FEE $ 11.472.924.00 VILLAGE CIVIC CENTER SITE & SITE INFRASTRUCTURE WORK ELECTRICAL DUCT BANK & WATER MAIN CONSTRUCTION MANAGERS CONSTRUCTION PHASE FEE $119 226 00 CONSTRUCTION MANAGERS OVERHEAD & PROFIT $34 521 00 CONSTRUCTION BUDGET BALANCE $647 913 00 OWNER S CONSTRUCTION BUDGET VILLAGE CIVIC CENTER SITE & SITE INFRASTRUCTURE WORK ELECTRICAL DUCT BANK AND WATER MAIN $801.660.00 VILLAGE CIVIC CENTER SITE & SITE INFRASTRUCTURE WORK PHASES 1, 2, 3.4, 5 & 6 (INCLUDING SCHOOL FF SANITARY FORCE MAIN) CONSTRUCTION MANAGERS CONSTRUCTION PHASE FEE $62 630 00 CONSTRUCTION MANAGER S OVERHEAD & PROFIT $84 541 00 AMENDMENT NO 15 OWNER DESIGN CHANGES $104 549 00 CONSTRUCTION BUDGET BALANCE $1 842 045 00 OWNER S CONSTRUCTION BUDGET VILLAGE CIVIC CENTER SITE INFRASTRUCTURE WORK 12-09...11.651/4 VILLAGE COMMUNITY CENTER (RECREATION CENTER) CONSTRUCTION MANAGERS CONSTRUCTION PHASE FEE $771 920 00 CONSTRUCTION MANAGER S OVERHEAD & PROFIT $428 698 00 EXHIBIT B OWNER S CONSTRUCTION BUDGET AMENDMENT NO 16 PERMIT DRAWING CHANGES CONSTRUCTION BUDGET BALANCE OWNERS CONSTRUCTION BUDGET VILLAGE COMMUNITY CENTER OWNER CHANGE ORDERS OWNER CHANGE ORDER NO 1 OWNER CHANGE ORDER NO 2 OWNER CHANGE ORDER NO 3 TOTAL OWNER CHANGE ORDERS OWNERS TOTAL CONSTRUCTION BUDGET (ALL PHASES) AMENDMENT NO 07 VILLAGE HALL GENERATOR BUILDING (NOT INCLUDED IN GMP) OWNER S TOTAL CONTRACT BUDGET $355 31800 $9 123 832 00 110.679.768.00 ($1 140 899 62) ($1 118 301 79) (S2 259 20L411 $22 788 915 59 $72 760 00 $22,861,675 59' RESOLUTION NO 2004-11 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING INTERLOCAL AGREEMENT BETWEEN MIAMI-DADE COUNTY AND THE VILLAGE OF KEY BISCAYNE CONCERNING CONTINUED PROVISION BY COUNTY OF EXTENDED OPERATING HOURS AT THE KEY BISCAYNE BRANCH LIBRARY, PROVIDING FOR VILLAGE TO FURNISH LANDSCAPING MAINTENANCE SERVICES AT THE KEY BISCAYNE BRANCH LIBRARY TO THE COUNTY IN EXCHANGE FOR THE COUNTY'S CONTINUED PROVISION OF EXTENDED HOURS OF LIBRARY SERVICE, PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the attached Interlocal Agreement between Miami -Dade County (the "County") and the Village of Key Biscayne (the "Village") provides for the County to continue to provide extended hours of operation at the Key Biscayne Branch Library for the benefit of the Village and its residents in exchange for the Village providing landscape maintenance services at the Key Biscayne Branch Library for the benefit of the County NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS Section 1 Recitals Adopted That each of the recitals stated above is hereby adopted and confirmed Section 2 Interlocal Agreement Approved That the Interlocal Agreement, in substantially the form attached hereto, between the County and the Village, is hereby approved and the Village Manager is authonzed to execute the Interlocal Agreement, on behalf of the Village, once approved as to legal form and sufficiency by the Village Attorney Section 3 Effective Date That this resolution shall take effect immediately upon adoption hereof PASSED AND ADOPTED this 9th day of March , 2004 AT Alaw tdA, MAYOR ROBERT OLDAKOWSKI CONCHITA H ALVAREZ, CMC, VILLAGE CLERK APPROVED AS TO FORM AND LEGALSUFFICIEN V AGE A TTO F /103 001/Resolution/Approving Interlocal Agreement Re Key Biscayne Branch Library 2 RESOLUTION NO 2004-12 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, PROVIDING FOR SCHEDULE OF FEES FOR USE OF THE VILLAGE'S COMMUNITY CENTER, PROVIDING FOR RELATED MATTERS, PROVIDING FOR EFFECTIVE DATE WHEREAS, the Village Council has previously adopted Village Code Section 2-71, as an enabling Ordinance which provides a mechanism for the establishment of membership fees and other fees for the use of the Village's Community Center by Village Council Resolution, and WHEREAS, the Village's Community Center Advisory Board has recommended a fee schedule for the Community Center, and WHEREAS, the Village Council desires to provide the fee schedule for use of the Community Center as specified herein NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS Section 1 Recitals Adopted That each of the recitals stated above is hereby adopted and confirmed Section 2 Fee Schedule (a) General Fees for Use of Community Center That the daily, monthly or annual membership fees for use of the Community Center, for each category of user indicated, are as follows Daily Category Resident Guest Monthly Annual Adults $8 00 $12 00 $50 00 $275 00 Youth (18 & Under) $5 00 $8 00 $20 00 $125 00 Senior (65 +) $6 00 $9 00 $30 00 $200 00 & Student (25 & Under) Couple N/A $70 00 $350 00 Sr Couple N/A $50 00 $300 00 Family N/A $100 00 $475 00 (b) Fees for Special Classes Fees for special classes shall be established by the Village Manager depending upon the service provider contract entered into between the Village and the instructor for the class A schedule of fees for classes shall be filed in the Office of the Village Clerk and will be available at the Community Center (c) Waiver of Fees The Village Manager shall be authonzed to waive or defer fees for the use of the Community Center for those residents who are subject to an economic hardship Section 3 Effective Date That this Resolution shall be effective immediately upon adoption hereof PASSED AND ADOPTED this 9th day of March, 2004 7(z tdA44-1 L____ MAYOR ROBERT OLDAKOWSKI AT1 FST ilady CONCHITA H ALVAREZ, CMC, VILLAGE CLE APPROVED AS � FORM AND LEGAL SUFFICIENC \� VILLAGE T EY 103 001/Resolutions/Fee Schedule for Related Matters 3 2 04 2 RESOLUTION NO 2004-13 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPOINTING MEMBERS TO THE CRANDON BOULEVARD MASTER PLAN IMPLEMENTATION COMMITTEE, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Village Council has adopted the Crandon Boulevard Streetscape Master Plan (the "Master Plan"), and WHEREAS, the Master Plan included a recommendation for the creation of a Crandon Boulevard Master Plan Implementation Committee (the "Committee") to serve as an advisory board of the Village and to provide recommendations to the Village Manager and Village Council in order to achieve full implementation of the Master Plan, and WHEREAS, the Village Council has adopted Ordinance No 2004-5, which created the Committee, and WHEREAS, in accordance with the procedures established by Ordinance No 2004-5, it is now necessary for the Village Council to approve the Mayor's appointment of the members of the Committee after consideration of any nominations made by the members of the Village Council NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS Section 1 Recitals Adopted. That each of the recitals stated above is hereby adopted and confirmed Section 2 Appointments Made That the following individuals are hereby appointed to serve on the Committee Dr Henny Groschel-Becker, Karen Llorente, Steve Liedman, Matthias Kammerer, Andrew Lemke, Shayna Lopate, Bill Cole Section 3 Effective Date That this Resolution shall be effective immediately upon adoption hereof PASSED AND ADOPTED this 23rd day of March, 2004 A-(51(-eadi, MAYOR ROBERT OLDAKOWSKI CONCHITA H ALVAREZ, CMC, VILLAGE CLE APPROVED AS TO FORM AND LEGAL SUFFICIE VILLAGl'ATTORNEY 103 001 /Resolutions/Appointing members to the Crandon Blvd Master Plan 3 11 04 2 RESOLUTION NO 2004-14 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE ATTACHED AGREEMENT ON BEHALF OF THE VILLAGE WITH POST BUCKLEY SCHUH & JERNIGAN, INC FOR THE PREPARATION OF AN ENVIRONMENTAL INFORMATION DOCUMENT FOR THE VILLAGE OF KEY BISCAYNE SANITARY SEWER PROJECT, PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Village of Key Biscayne was placed on the Federal Omnibus Bill which allocates $1,000,000 in federal funds for the Village of Key Biscayne Sanitary Sewer Project, and WHEREAS, the Village of Key Biscayne must provide an Environmental Information Document (ED) to the Environmental Protection Agency in order to receive the $1,000,000 allocation NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE AS FOLLOWS Section 1 That the Village Manager is hereby authonzed to execute the attached Agreement, on behalf of the Village, with Post Buckley Schuh & Jernigan, Inc Section 2 Post Buckley Schuh & Jernigan will provide professional services for the preparation of an Environmental Information Document (ED) for the Village of Key Biscayne Sanitary Sewer Project in accordance with the Environmental Protection Agency's (EPA) requirements Section 3 This resolution shall take effect immediately upon adoption PASSED AND ADOPTED this 23rd day of March , 2004 /W(bttt4 ,-.:_ MAYOR ROBERT OLDAKOWSKI AT 401c/i/ie, CONCHITA H ALVAREZ, CMC, VILLAGE CL APPROVED AS TO FORM AND LEGAL SUFFI VILLAGE ATTORNEY MAY 04 2d04 12 52PM HP LASERJET 3200 P.2 VILLAGE OF KEY BISCAYNE AGREEMENT FOR SERVICES THIS AGREEMENT, made and entered into on the 2' day of , 2004 by and between the Village of Key Biscayne, Dade County, Flonda, party of the first (here rafter called "Village"), and Post Buckley Schuh & Jernigan, Inc. , party of the second part (Hereinafter called "Contractor"), RECITALS The VILLAGE wants to engage the CONTRACTOR to perform certain services as described in accordance with paragraph 1, scope of services to this Agreement ("Specified Services") The CONTRACTOR wants to provide such Specified Services in connection with professional services for the preparation of an Environmental Information Document (EID) for the Village's sanitary sewer project m accordance with the Environmental Protection Agency's (EPA) requirements In consideration of the mutual covenants in this Agreement, the parties agree as follows 1 SCOPE OF SERVICES A The CONTRACTOR agrees, as directed by the Village Manager, to perform the following services Post Buckley Schuh & Jernigan will provide the following services for the Village of Key Biscayne as described in "Exhibit A" attached hereto 2 FEES FOR SERVICES The CONTRACTOR agrees to charge the VILLAGE for performance of the Specified Services provided in accordance in "Exhibit A" in an amount not to exceed $14,500 3 TERM The term of this agreement is 1 year unless terminated pursuant to paragraph 7 or extended pursuant to paragraph 9 4 GENERAL TERMS AND CONDITIONS The VILLAGE reserves the right to amend the scope of services with appropriate adjustments to the contract price 1 MAY 04 2004 12:52PM HP LASERJET 3200 p.3 5 ASSI}LAMENT This Agreement shall not be assignable by the CONTRACTOR. 6 PROHIBITION AGAINST CONTINGENT FEES The CONTRACTOR, warrants that it has not employed or retained any company or person, other than a bonafide employee working solely for the CONTRACTOR, to solicit or secure this Agreement, and that it has not paid or agreed to pay any person(s), company, corporation, individual or firm, other than a bona fide employee working solely for the CONTRACTOR any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Agreement 7 TERMINATION This Agreement may be terminated by the VILLAGE upon ten days' written notice with or without cause and maybe wed by the CONTRACTOR upon 45 days' written notice with or without cause If this Agreement is terminated, the CONTRACTOR shall be paid in accordance with the provisions of Paragraph 2 of this contract for all acceptable work performed up to the date of termination. 8 J QNEXCLUSIVE AGREEMENT The services to be provided by the CONTRACTOR pursuant to this Agreement shill be nonexclusive and nothing herein shall preclude the VILLAGE engaging other firms to pitibint the same or similar services for the benefit of the VILLAGE within the VILLAGE'S sole aniabsokite discretion. 9 ENTIR4 AGREEMENT The parties hereby agree that this is the entire Agreement between the parties This Agreement cannot be amended or modified without the express written consent of the pasties. 10 WARRANTIES OF CONTRACTOR The CONTRACTOR hereby warrants and represents that all tunes during the term of this Agreement it shall maintain in good standing all required licenses, certifications and permits required under Federal, State and local laws necessary to perform the Specified Services The CONTRACTOR shall furnish proof that it has Worker's Compensation Insurance as required by Chapter 444, Florida Statutes and liability insurance in the amount of one million dollars, single limit, for bodily injury and property damage, in a form required by the Village's Risk Management office, with the Village named as additional insured on such liability insurance policy 2 ,.MAY Q4 2004 12:52PM HP LASERJET 3200 p.4 11 ATTORNEY'S FEES In connection with any litigation arising out of this Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and costs. This provision shall exclude all litigation resolved by agreement of the parties 12 NOTICES, All notices and communications to the VILLAGE or CONTRACTOR shall be in wntmg and shall be deemed to have properly given if transmitted by registered or certified mail or hand delivery All notices and communications shall be effective upon receipt. Notices shall be addressed as follows Village Jacqueline R. Menendez Village Manager 88 West McIntyre Street Key Biscayne, Florida 33149 With a copy to Village Attorney Weiss Scrota & Helfimin Pastonza & Guedes, P.A. 2665 South Bayshore Drive Suite 420 Miami, Florida 33133 Contractor Conchtta H. Alvarez Village Clerk 88 West McIntyre Street Key Biscayne, Florida 33149 Post Buckley Schuh & Jernigan, Inc 2001 N W 107th Avenue Miami, FL 33172 3 ,MAY 04 2004 12:52PM HP LASERJET 3200 p.5 13 OOVVRNING lAW This Agreement shall be construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement upon the terms and conditions above stated on the day and year first above written. CONTRACTOR Post Buckley Schuh & Jernigan, Inc 2001 N.W 107" Avenue Miami, FL 33172 Attest 4 VILLAGE Village of Key Biscayne 88 West McIntyre Street Key Biscayne, Florida 33149 ueline IL Megadez Manag age Clerk Jr� Exhibit A Scope of Services PBuy An employee -owned company Transmitted Via US Mad/Facstmrle March 12, 2004 Ms Jacqueline Menendez Village Manager Village of Key Biscayne 85 West McIntyre Street, Suite 201 Key Biscayne, FL 33149 RE File Key Biscayne Sanitary Sewer System Environmental Information Document Proposal 01-0640 00 #1 Dear Ms Menendez As per your request we are submitting our scope and fee proposal to provide Professional Services for the preparation of an Environmental Information Document (EID) for the Village's sanitary sewer system project in accordance with the Environmental Protection Agency's (EPA) requirements The EID will in general and as applicable, follow the attached outline It should be noted that some of the information will need to be supplied to PBS&J by the Village Specifically for example, funding status and public participation activities as described in Sections A and G of the attached outline, respectively Deliverables Draft EID Final EID Schedule and Budget Schedule 5 Copies 15 Copies PBS&J is proposing the following schedule for this project 2001 Northwest 107th Avenue Miami Florida 33172 2507 • Telephone (305) 592-7275 • www pbsj corn Ms Jacqueline Menendez Village of Key Biscayne Page 2 March 12 2004 Task Description Approximate Duration- - Draft EID 4 weeks Final Ell) 2 weeks Total (Not including City and Agency Review time) 6 weeks Budget PBS&J is proposing a lump sum fee of $14,500 to complete the work as described herein Exceptions • PBS&J anticipates holding three meetings with the Village and/or permitting agencies through the duration of the project Meetings called by the Village and/or permitting agencies in excess of the number specified above are not included in this proposal • Any application or review fees associated with the EID and/or permits • Public Hearings • Copies of deliverables in excess of the number specified above We appreciate the opportunity to submit this proposal, and look forward to once again working with the Village on this project If you have any questions, please call me at (305) 514-3218 Sincerely, PBS&J 4.-----2< Patricia A Carney, P E Program Manager Water I Wastewater Program PAC/,erg K 1Env\Wm\KEYBISOeidlproposal doc Environmental Information Document Instructions For Wastewater and Drinking Water Projects The Nati.onalEmaronmental Policy Act (NFPA) applies to the special sppropnatinns projects (SPAPs) The NEPA regulations that apply to the SPAPs are the Council of Environmental Quality's implementing regulations at 40 CFR Parts 1500-1508 and EPA's NEPA regulations at 40 CRF Part 6, Subparts A through D In January 1995, EPA issued two memorandums describing how the NEPA requirements and the intergovernmental review regulations at 40 CFR Part 29 apply to special appropnations projects that were authorized in fiscal year (FY) 1995 The requirements found in those memorandums also apply to the SPAPs authorized by the EPA Appropriations Acts for FY 1996 through FY 2002 EPA reviews all SPAPs to assure compliance with NEPA and other environmental laws and regulations, such as the Endangered Species Act For all projects that are not eligible for a Categorical Exclusion (CE), each grantee must complete an Environmental Information Document (EID) A suggested outline with descriptions is provided below An EID describes and evaluates the environmental impacts of the feasible alternatives, including the 'No Action' alternative The scope of the EID should be commensurate with the size and significance of the proposed project Prior to preparation of the EID, the applicant should obtain concurrence for the proposed project from the crosscutters, such as the State's Historical Commission, the US Fish and Wildlife Service, the US Army Corps of Engineers (wetlands, Section 404 permits, dredge and fill, structures placed in navigable waterways) The EPA reviews the EID and makes a determination as to the environmental affects of the proposed project If the project is found to have no significant effect, then EPA documents their findings with the preparation of an Environmental Assessment (EA) and issues a Finding of No Significant Impact (FNSI) for a 30 -day comment period Completion of the 30 -day comment period without significant adverse opposition will complete the environmental review process If the EPA cannot support a FNSI, the applicant will be required to take part in an Environmental Impact Statement Public participation should be included in the project planning process culminating in a public meeting or hearing that presents the proposed project to the public and includes discussion of both environmental and financial impacts A record of the public meeting/heanng and proof of advertising should be included in the EID Revised 10/017/02 1 of 7 EPA Region 4 Environmental Information Document (EID) Outline for Wastewater and Drinking Water Projects A. Proposed Project and Fundmg Status This section should include a description of the project, the need for the project, and the cost of the project The project description should include the project name, owner and operator of the facilities, location of the facilities, and the planning area description List all facilities and actions proposed by the facilities plan/engineering report Functionally separate major components should be listed as separate items For example, a treatment plant is an item, an interceptor line is an item, a new pump station is an item, etc Sewer rehabilitation is an example of an "action " The need for the facility should be briefly stated, such as to solve a water quality or water quantity problem, to solve a public health concern, to correct inadequate systems or system components, to increase treatment due to more stringent effluent limits, or for some other reason If the effluent limits have changed, include the existing effluent limits and the proposed limits More information for the need for the project will be presented in section D Relevant design parameters should include a description of major unit processes, flow diagram, sewer/water pipe lengths, sizes, and locations, and basic design criteria Include maps and figures no larger than 8 5 X 11 inches Include a copy of a United States Geological Survey (USGS) 7 5" topographical map showing the existing and proposed facilities associated with the project and the overall project area The location of major project components should be clearly identified, such as treatment works, sewers, water lines, pump station, storage facilities, etc Project costs should include proposed total project costs and all funding sources for the entire project B Existing Environment This section should describe aspects of the natural environment of the planning area that affected the alternative selection process or could be affected by implementing the plan For example, for surface water discharge, it is not necessary to describe soil conditions in detail, however, any selected alternative using soil for treatment (septic tanks, spray irrigation, overland flow), should include a thorough description of soil conditions A description of surface waters and their quality is needed in every case, along with any Revised 10/017/02 2 of 7 EPA Region 4 public health problems due to water quality The classification of the surface waters should be stated, and a statement made to indicate if the waters are meeting the required water quality standards for that classification Water quality sampling data can be presented, if available There should be a qualitative statement at a minimum.. If the project impacts groundwater quality or quantity, a discussion of the existing groundwater quality should be included For example, if ground water quality is being degraded by existing wastewater disposal methods and the proposed project will reduce or eliminate that impairment, a discussion of that issue should be included The basis of establishing the groundwater impairment should also be discussed, including ground water sampling or other data sources This information may also be given in Section D, Need for Proposed Facilities Describe briefly any special or sensitive environmental areas such as wetlands, air quality non -attainment areas, endangered or threatened species, prime or unique agricultural lands, areas of recognized scenic, recreational, archeological or lustonc value, valuable floral or faunal communities, wild or scenic rivers, drinking water (surface or groundwater) sources, floodplains, recreational or commercial uses of potential receiving streams, and parkland or other public lands Include environmental justice information In preparing the EID, the grantee must identify any minority populations and low-income populations which exist within the overall planning area or which may otherwise be impacted by the project (e g downstream or downwind communities) Native American communities, including their traditional resource areas are included If these areas would be affected by an alternative under consideration, more detail should be provided For those special environments not found in the planning area, make a statement such as "No wetlands, wildlife preserves, prime agricultural lands, or other environments of special interest are located where they could be impacted by implementation of the recommended facilities " C. Existmg Wastewater Facilities/Drinking Water System This section should begin with a general description of the wastewater collection and treatment system for the planning area for both wastewater and drinking water projects Describe existing collection, transport, treatment and sludge facilities The service area(s) of these facilities should be descnbed briefly and shown on an attached figure Mention the condition of the facilities, especially as it affects alternative selection For existing treatment plants, state 1) onginal design capacity and effluent limits, 2) existing permit limits, and 3) actual performance over a recent period For wastewater projects, include wastewater flows (average, peak, and wet weather), influent characteristics, major industrial users, and infiltration and inflow Sewered and unsewered Revised 10/017/02 3 of 7 EPA Region 4 areas should be mentioned and shown on the figure Where septic tanks are prevalent in all or part of the service planning area, their performance should be described Explain any problems It is not sufficient merely to state that malfunctioning septic tanks are causing, aproblem. Some documentatiorof the problem should be cited, and details given about the location and seventy of the problems. For drinking water projects, include a description of the existing treatment and distribution system, water demand (average and peak), surface water sources including intake locations and permitted and actual withdrawal, groundwater sources, location of wells and well fields, water storage, raw water characteristics, residual and backwash disposal and the service area Include existing system performance for all facilities D. Need for Proposed Facilities and Actions This section should provide a summary of the need for wastewater or water facilities or actions, emphasizing existing public health or water quality problems These problems typically include water quality violations or problems, documented public health hazards, National Pollutant Discharge Elimination System (NPDES) permit non-compliance, existing facility overload, insufficient capacity for projected demand, failing on -site systems, insufficient pressure, etc For wastewater projects effluent limits are to be stated, and their derivation explained Describe different limits for different potential receiving streams If sewer rehabilitation is a proposed action, it should be justified by a brief quantitative summary of the inflow/infiltration (I/I) problem Location of the severe I/I areas should be stated and shown on a figure if needed to identify significant project tasks Other special situations may justify proposed facilities Include the planning period for the project The planning period should justify the capacity of the system with its projected population Population projections should be based on U S Census projections or some recognized source of demographic data Existing and projected flows should be presented Include land use projections, and the future environment without the project E Alternative Analysis All alternatives analyzed should be described The development of alternatives should include the no -action alternative (the environment without the project), optimum utilization of existing facilities including flow reduction and water conservation, and new construction alternatives Revised 10/017/02 4 of 7 EPA Region 4 An explanation should be given for rejecting or selecting alternatives The explanation should include present worth or equivalent annual cost comparisons, reliability of the alternatives, complexity of the alternatives,_sigmficant environmental effects, and legal or___ institutional constraints. F. Environmental Consequences; Mitigative Measures Identify which reasonable alternative has been selected, and state the reasons why this alternative has been chosen Describe and document the environmental effects of the selected alternative on each of the different environmental aspects hsted in this section Address the direct, indirect, and cumulative effects for each aspect Direct effects are changes directly related to the project activity Indirect effects are changes that occur later in time or are removed in distance which are reasonable foreseeable, such as community growth, population density, land use, and natural environment Cumulative effects are the total changes to the environment resulting from the effect of the selected alternative when added to the effect of other past, present, or reasonable foreseeable future actions Discuss any mitigation measures necessary to avoid or minimize any adverse impact One important secondary impact of a project could be the development/growth that would be encouraged or enabled by the construction of the project The impact of that growth must be addressed, including potable water demands, wastewater produced, land use changes, impact on natural areas or wildlife, and other such concerns This section should describe anticipated impacts on the environment and measures proposed to mitigate those adverse impacts Discuss recommendations from the crosscutting agencies that implement environmental laws and include agency approval/sign-off letters in an appendix to the EID For each of the laws that is not applicable, provide a comment stating that the law is not applicable Environmental laws that must be considered include Archeological and Historic Preservation Act of 1974, Pub L 86-523, as amended, Coordinate with the State Historic Preservation Officer Clean Air Act, Pub L 84-159, as amended, Address any impacts on air quality If construction activities will generate dust emissions that need to be controlled, indicate what methods will be used to minimum these emissions Address any potential sources of odor emissions that Revised 10/017/02 5 of 7 EPA Region 4 may be generated or eliminated through the implementation of the project Coastal Barrier Resources Act, Pub L 97-348, Determine if the project is located on a coastal barrier island If so, coordinate __ with the State Coastal2one Management. Agency,. -- Coastal Zone Management Act, Pub L 92-583, as amended, Determine whether the project is located in a coastal zone management area If so, obtain comments from the Coastal Zone Management Program Endangered Species Act, Pub L 93-205, as amended, Identify any federally endangered and/or federally protected species within the project area through coordination with the U S Fish and Wildlife Service Environmental Justice, Executive Order 12898, See Environmental Justice information in Section 19 of the SPAPs workbook Floodplam Management, Executive Order (EO) 11988 as amended by EO 12148, Coordinate with Federal Emergency Management Agency (FEMA) if any part of the project is located in a floodplam Protection of Wetlands, Executive Order 11990, Coordinate with United States Army Corps of Engineers if wetlands will be impacted by the project Farmland Protection Pohcy Act, Pub L 97-98, Coordinate with the Natural Resource Conservation Service (NRCS) to protect significant/important agricultural land from irreversible conversion to uses which result in its loss as an environmental or essential food production resource National Historic Preservation Act of 1966, PL 89-665, as amended, Coordinate with the State Historic Preservation Officer Fish and Wildlife Coordination Act, Pub L 85-665, as amended, Coordinate with the US Fish and Wildlife Service Safe Drinking Water Act, Pub L 93-523, as amended, Identify if the project will affect sole source aquifers If so, contact your Region 4 project officer Wild and Scenic Rivers Act, Pub L 90-542, as amended, Determine whether the project will have any effects on any river in the National Wild and Scenic Rivers system, the "Nationwide Rivers Inventory," or an American Heritage River If the project is located within one mile of one of these designated streams, contact the National Park Service and the department Revised 10/017/02 6 of 7 EPA Region 4 of Conservation and National Resources for comments Most environmental impacts to be considered are the features described in Section B, Existing Environment (above) There may also be direct or indirect impacts on land use practices, neighborhood stability, air quality and noise leYels� Any_s_uchimpac s should be described. It is not necessary to discuss special environmental areas (wetlands, etc ) that have been identified in Section B, Existing Environment, as not found in the project area On the other hand, if any special environments are mentioned in Section B and are located in the project area, something must be said in this section about impacts of the project(s) on them All structural and nonstructural mitigative measures should be described If the usual minimizing of erosion during construction is the only expected mitigative measure, this can be mentioned in one short sentence Detailed description is needed only for more unusual mitigative measures that respond to some public or regulatory agency concern over a perceived threat to the environment or public health Include a discussion of necessary permits (NPDES, 404, etc ) issued or needed, as well as necessary inter -municipal agreements executed or pending G. Public -Participation; Sources Consulted Summarize all public participation, including meetings and public hearings, noting any public objections EPA Region 4 has identified minimum requirements for the public participation process in SPAPs grants A description of these requirements can be found in Section 20 of the SPAPs Grant Procedures Workbook For complex or controversial projects, a public hearing may be required In addition, if there has been significant public objection based on an environmental concern, an Environmental Impact Statement may be necessary Include documentation of the necessary public meeting, including the public meeting date, public meeting transcripts, audiotape or video, and proof of publication of the notice of the meeting in the local newspaper Although not required, we recommend presenting to the public the typical residential user charge estimated to result from implementation of the plan List all sources consulted for information and/or concurrence The State Clearinghouse, for those states that have clearinghouses, should always be one of the entities consulted If any comments have been offered opposing any aspect of the plan, explain how those comments have been resolved Revised 10/017/02 7 of 7 EPA Region 4 RESOLUTION NO 2004-15 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING AND APPROVING PROFESSIONAL SERVICES AGREEMENT BETWEEN STAR HUMAN RESOURCES GROUP (THE "CONSULTANT") AND THE VILLAGE OF KEY BISCAYNE TO PROVIDE FOR PROFESSIONAL PERSONNEL CONSULTING SERVICES, PROVIDING FOR IMPLEMENTATION, PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Village Manager has recommended that the Village retain the professional services of Star Human Resources Group (the "Consultant") to provide certain personnel consulting services for the Village, and WHEREAS, the Village Council finds that approval of the Professional Services Agreement between Consultant and the Village is in the best interest of the Village NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS Section 1 Recitals Adopted That each of the recitals stated above is hereby adopted and confirmed Section 2 Agreement Approved. That the Professional Services Agreement, in substantially the form attached hereto, between Star Human Resources Group and the Village is hereby approved and the Village Manager is authonzed to execute the Agreement, once the Agreement has been approved by the Village Attorney as to form and legal sufficiency Section 3. Implementation That the Village Manager is hereby authonzed to take any necessary action to implement this Resolution and the Agreement Section 4. Effective Date. That this Resolution shall be effective immediately upon adoption hereof PASSED AND ADOPTED this 23rd day of March , 2004 4t2t L/1,t4 L- MAYOR ROBERT OLDAKOWSKI CONCHITA H ALVAREZ, CMC, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIEN VILLAGE ATTORNEY 103 001/Resolutions/professional services agreement with Star Human Resources Group 3 16 04 2 RESOLUTION NO 2004-15 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING AND APPROVING PROFESSIONAL SERVICES AGREEMENT BETWEEN STAR HUMAN RESOURCES GROUP (THE "CONSULTANT") AND THE VILLAGE OF KEY BISCAYNE TO PROVIDE FOR PROFESSIONAL PERSONNEL CONSULTING SERVICES, PROVIDING FOR IMPLEMENTATION, PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Village Manager has recommended that the Village retam the professional services of Star Human Resources Group (the "Consultant") to provide certain personnel consulting services for the Village, and WHEREAS, the Village Council finds that approval of the Professional Services Agreement between Consultant and the Village is in the best interest of the Village NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS Section 1 Recitals Adopted That each of the recitals stated above is hereby adopted and confirmed Section 2 Agreement Approved. That the Professional Services Agreement, in substantially the form attached hereto, between Star Human Resources Group and the Village is hereby approved and the Village Manager is authonzed to execute the Agreement, once the Agreement has been approved by the Village Attorney as to form and legal sufficiency Section 3. Implementation That the Village Manager is hereby authonzed to take any necessary action to implement this Resolution and the Agreement Section 4 Effective Date That this Resolution shall be effective immediately upon adoption hereof PASSED AND ADOPTED this 23rd day of March , 2004 4't7e&%i L---% MAYOR ROBERT OLDAKOWSKI AT 0/(V CONCHITA H ALVAREZ, CMC, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIEN T Lit -IA VILLAGE ATTORNEY 103 001/Resolutions/professional services agreement with Star Human Resources Group 3 16 04 2 VILLAGE OF KEY BISCAYNE AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT, made and entered into this 02eYolday of March, 2004, by and between the VILLAGE OF KEY BISCAYNE (the "VILLAGE") and STAR HUMAN RESOURCES GROUP (the "CONSULTANT") RECITALS The VILLAGE wants to engage the CONSULTANT to perform certain professional personnel services as specifically described in the proposal which is provided in Exhibit "A" to this Agreement ("Specified Services") The CONSULTANT wants to provide such Specified Services In consideration of the mutual covenants set forth in this Agreement, the parties agree as follows 1 SCOPE OF SERVICES The CONSULTANT agrees to provide the Specified Services upon written request from the Village Manager 2 FEES FOR SERVICES The CONSULTANT agrees to charge the VILLAGE for the Specified Services which are provided by CONSULTANT, in accordance with the fee schedule set forth in Exhibit "A", for a total fee of Twenty Five Thousand ($25,000 00) Dollars 3 TERM The duration of the term of this Agreement is 120 days unless extended by the Village Manager or earlier terminated pursuant to paragraph 8 4 RECORDS All original details, reports, work papers and other documents and plans that result from the CONSULTANT providing Specified Services shall be the property of the VILLAGE Upon termination of this Agreement or upon request of the VILLAGE during the term of this Agreement, any and all such documents shall be delivered to the VILLAGE by the CONSULTANT 5 INSURANCE Unless revised in writing by the Village Manager, the CONSULTANT shall at all times carry professional liability insurance, worker's compensation insurance (if applicable) and automotive liability insurance, each with minimum policy limits m the amount of Three Hundred Thousand ($300,000 00) Dollars per occurrence, single limit for bodily injury and property damage combined, except that the amount of worker's compensation insurance, if applicable, shall be as provided by law The Village shall be named as an additional insured on all of the above insurance policies to the extent authorized by law Each insurance policy shall state that it is not cancelable without wntten notice to the VILLAGE 30 days prior to the effective date of said cancellation 6 ASSIGNMENT .0111, This Agreement shall not be assignable by the CONSULTANT 7 PROHIBITION AGAINST CONTINGENT FEES The CONSULTANT warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this Agreement, and that it has not paid or agreed to pay any person(s), company, corporation, individual or firm, other than a bona fide employee working solely for the CONSULTANT any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the 2 award or making of this Agreement 8 TERMINATION This Agreement may be terminated by the VILLAGE upon twenty days written notice with or without cause and by the CONSULTANT upon 45 days written notice with or without cause If this Agreement is ternunated, the CONSULTANT shall be paid in accordance with the provisions of Exhibit "A" and Paragraph 2 above, for all acceptable work performed up to the date of termination, and any unearned fees which have been advanced by VILLAGE shall be refunded upon demand by Village 9 NONEXCLUSIVE AGREEMENT The services to be provided by the CONSULTANT pursuant to this Agreement shall be nonexclusive and nothing herein shall preclude the VILLAGE from engaging other firms to perform the same or similar services for the benefit of the VILLAGE within the VILLAGE'S sole and absolute discretion 10 ENTIRE AGREEMENT The parties hereby agree that this is the entire agreement between the parties This A. Agreement cannot be amended or modified without the express written consent of the parties The Village Manager shall act for VILLAGE hereunder 11 WARRANTIES OF CONSULTANT The CONSULTANT hereby warrants and represents that at all times during the term of this Agreement it shall maintain in good standing all required licenses, certifications and permits required under Federal, State and local laws necessary to perform the Specified Services 12 NOTICES All notices and communications to the VILLAGE or CONSULTANT shall be in venting and shall be deemed to have been properly given if transmitted by registered or certified mail or hand delivery All notices and communications shall be effective upon receipt Notices shall be addressed as follows Village Jacqueline Menendez Village Manager Village of Key Biscayne 88 West McIntyre Street Key Biscayne, FL 33149 With a copy to Consultant Village Attorney Weiss Serota Helfman Pastonza Guedes Cole & Bomske, P A 2665 South Bayshore Dnve Suite 420 Miami, Flonda 33133 Star Human Resources Group 900 Wren Avenue Miami Spnngs, Flonda 33166 13 GOVERNING LAW This Agreement shall be construed in accordance with the laws of the State of Flonda IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement upon the terms and conditions above stated on the day and year first above written CONSULTANT STAR HUMAN RESOURCES GROUP 900 Wren Avenue Miami Springs, FL 33166 By ( 27, _-__-_, Susan L Stinson 40 VILLAGE VILLAGE OF KEY BISCAYNE 88 West McIntyre Street Key Biscayne, FL 33149 Vi age A ey Village Clerk proved as to Legal Sufficiency F \100\103001\Agreements\Professional Services With Star Human Resources Group 3 1604 ADDENDUM TO VILLAGE OF KEY BISCAYNE AGREEMENT FOR PROFESSIONAL SERVICES In accordance with Paragraph 5 of the above Agreement for Professional Services by and between the Village of Key Biscayne and Star Human Resources Group, dealing with Insurance provisions, it is hereby agreed as follows In light of the nature of the work involved under this Agreement, the insurance requirement is hereby waived VILLAGE OF KEY BISCAYNE RESOLUTION NO 2004-16 A CAPITAL PROJECT AUTHORIZING RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, CONCERNING THE VILLAGE OF KEY BISCAYNE CIVIC CENTER PROJECT, AUTHORIZING CONSTRUCTION EXPENSE ITEMS DESCRIBED HEREIN, AUTHORIZING AMENDMENT NO 17 TO AGREEMENT BETWEEN OWNER AND CONSTRUCTION MANAGER CONCERNING MATTERS DESCRIBED THEREIN, PROVIDING FOR EFFECTIVE DATE WHEREAS, pursuant to Section 3 07(b) of the Village Charter, the Village Council desires to authorize the expenditure of Village funds for additional construction items for the Village's Civic Center Project (the "Project") as described in the Village Manager's Memorandum, marked as Exhibit "A" and attached hereto, and WHEREAS, it is necessary to amend the Agreement between the Village and Construction Manager to implement expenditures for the work authorized herein, and WHEREAS, the Village Council finds that it is in the best interest of the Village to proceed as indicated in this resolution NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS Section 1 Recitals Adopted That each of the recitals stated above is hereby adopted and confirmed Section 2 Work Authorized, Specification Of Funds A That the construction activities for the matters descnbed in Amendment No 17 and in Exhibit "A", attached hereto, are each hereby approved and authonzed B That the fund amount and source for the work items are hereby authorized and approved as described in Exhibit "A " Section 3 Amendment To Agreement Approved. That Amendment No 17 to the Agreement between Village and Construction Manager, in substantially the form attached hereto, is hereby approved and the Village Manager and Village Clerk are hereby authorized, in their respective capacities, to execute the Amendment to Agreement on behalf of the Village, once approved as to legal form and sufficiency by the Village Attorney Section 4 Implementation That the Village Manager is hereby authonzed to take any and all action necessary to implement the purposes of this resolution and the Amendment to Agreement Section 5 Effective Date That this resolution shall become effective upon its adoption PASSED AND ADOPTED this 13th day of April, 2004 /10 6te-ccti, ( ,L,, MAYOR ROBERT OLDAKOWSKI CONCHITA H AI VAREZ, CMC, VILLAGE APPROVED AS TO ' ORM AND LEGAL SUFFI VILLAGE A TO F \103001 \Resolutions\authon7in, construction expense item No 17 3 31 04 2 AMENDMENT TO AGREEMENT BETWEEN OWNER AND CONSTRUCTION MANAGER PROJECT NO PROJECT NAME AND LOCATION AMENDMENT NUMBER VKB-98069000 Village Community Center (Recreation Center) Village Fire Station, Police Station, and Administrative Office of the Village of Key Biscayne, Florida (the "Project") #17 (Unforeseen Conditions and Owner Modifications at the Village Community Center ) THIS AMENDMENT made this 17th Day of February m the year Two Thousand and Four By and between the Village of Key Biscayne, Florida, a Florida municipality, (the "Owner") and James A Cummings, Inc a Flonda Corporation 3575 Northwest 53rd Street Ft Lauderdale, FL 33309 Phone (954) 733-4211, Fax (954) 485-9688, Federal Tax I D Number 59-2098732, (the "Construction Manager") WHEREAS, the Owner (as a direct signatory and through its former agent, the Department of Management Services of the State of Florida (the "DMS")) has previously entered into the Agreement between the Owner and Construction Manager, and WHEREAS, the Agreement has previously been revised by Amendment Nos 1, 2, 3, 4, 5, 6, 7, 8,9, 10,11, 12, 13, 14, 15 and 16, WHEREAS, it is now necessary to revise the Agreement to include Work Associated with Unforeseen Conditions and Owner Modifications at the Village Community Center, include Owner Change Order No 3 for the Village Fire Station, Police and Administration and Community Center Buildings NOW, THEREFORE, in recognition of the good and valuable consideration provided by the covenants hereof between the parties, the Owner and the Construction Manager hereby covenant and agree to amend the Agreement to include, Work for Unforeseen Conditions and Owner Modifications at the Village Community Center, include Owner Change Order No 3 for the Village Fire Station, Police and Administration and Community Center Buildings, and to identify its funding source, to identify the drawings, specifications and other documents upon which the GMP is based, and to otherwise revise the Agreement, as follows (1) Guaranteed Maximum Price - the Guaranteed Maximum Price (GMP) for construction of Project VKB-98069000, Village Community Center, Village Fire Station, Village Police Station, and Administrative Office of the Village, as defined in Article 7 1 of said Agreement shall be $22,941,342 59 (which includes the $118,064 00 GMP for the Work Associated with Unforeseen Conditions and Owner Modifications at the Village Fire Station, Police and Administration and Community Center Buildings as listed below in items 2 a through 2 e for the Village Community Center ) (2) Drawings and Other Supporting Documents - in addition to the drawings, specifications and other supporting documents identified in previous amendments (No 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15 and 16) to the Agreement, the Guaranteed Maximum Price (GMP) for construction of the Project, is based upon the following drawings and other supporting documents a Proposal #R -11C to the Village of Key Biscayne from James A Cummings, Inc , dated July 17, 2003, in the amount of $11,221 00 and in accordance with Proposal Approval by the Village of Key Biscayne dated July 24, 2003, which are attached hereto as Exhibit "A 1 " b Proposal #R -14C to the Village of Key Biscayne from James A Cummings, Inc , dated October 29, 2003, in the amount of $9,394 00 and in accordance with Robert G Curve Partnership response to RFI #C094 dated October 23, 2003, which are attached hereto as Exhibit "A 2 " c Proposal #R -16C to the Village of Key Biscayne from James A Cummings, Inc , dated October 2, 2003, in the amount of $6,422 00 and in accordance with Proposal Approval by the Village of Key Biscayne, which are attached hereto as Exhibit "A 3 " d Proposal #R -20C to the Village of Key Biscayne from James A Cummings, Inc , dated December 9, 2003, in the amount of $6,234 00 indicating Construction Schedule Impacts and a Revised Final Completion Date of October 12, 2004 for the Community Center (Amendment No 5) portion of the Village of Key Biscayne Civic Center Project, which are attached hereto as Exhibit "A 4 " e James A Cummings, Inc correspondence to the Village of Key Biscayne, dated February 5, 2004, in the amount of $84,793 00 and in accordance with direction to proceed by the Village of Key Biscayne dated February 17, 2004, which are attached hereto as Exhibit "A 5 " f Owner Change Order No 3 from the Department of Management Services dated December 9, 2003, in the amount of $34,363 00 which are attached hereto as Exhibit "A 6" g The revised Project Budget, which is attached hereto as Exhibit "B " (3) Changes m Agreement — various changes are required to the exhibits and articles of the Agreement to reflect the amendments descnbed herein It is agreed that the articles and exhibits of the Agreement shall be deemed to be amended, to provide the following a Establishment of the GMP for Work Associated with Unforeseen Conditions and Owner Modifications at the Village Fire Station, Police and Administration and Community Center Buildings m the amount of $118,064 00, and establishment of the GMP for the Project of $22,941,342 59 (4) Effect On Agreement - except as provided above, the articles and exhibits of the Agreement which are not affected by the amendments provided for herein shall remain in full force and effect IN WITNESS WHEREOF, the parties have executed this Amendment the day and year first written above JAMES A CUMMINGS, INC Attest By Pet.evle.kicL Corporate Secretary Witnessed By By 4S4_ 4,64gi t'i cc/ii0 (print name) rvc (print name) illage Clerk By o, illiam R Derrer, Corporate President James A Cummings, Inc VILLAGE OF KEY BISCAYNE Approved as to form and legal sufficiency By Village Attorney (Corporate Seal) )'"a e � ager 103001\agreements\amendment to agreement between owner and construction manager EXHIBIT B OWNER S CONSTRUCTION BUDGET ITEM DESCRIPTION CONSTRUCTION BUDGET CONSTRUCTION MANAGERS PRECONSTRUCTION PHASE FEE $113 190 00 SUBTOTAL OWNER S TOTAL PRECONSTRUCTION PHASE FEE $113,190.00 VILLAGE FIRE RESCUE DEPARTMENT & ADMINISTRATION AND POLICE FACILITY CONSTRUCTION MANAGERS CONSTRUCTION PHASE FEE $527 392 00 CONSTRUCTION MANAGER S OVERHEAD & PROFIT $457 223 00 CONSTRUCTION BUDGET BALANCE $10 277 461 00 SUBTOTAL CONSTRUCTION COSTS $11 262.076.00 ANTICIPATED OWNER SALES TAX SAVINGS ($159 266 00) SUBTOTAL $11,102.810.00 OWNERS CONTINGENCY $256 924 00 OWNERS GMP BUDGET FIRE RESCUE & ADMINISTRATION/POLICE $11,359.734 00 OWNERS CONSTRUCTION BUDGET FIRE RESCUE & ADMINISTRATION/POLICE WITH PRECONSTRUCTION FEE $11-4/2.924.00 VILLAGE CIVIC CENTER SITE & SITE INFRASTRUCTURE WORK ELECTRICAL DUCT BANK & WATER MAIN CONSTRUCTION MANAGERS CONSTRUCTION PHASE FEE $119 226 00 CONSTRUCTION MANAGERS OVERHEAD & PROFIT $34 521 00 CONSTRUCTION BUDGET BALANCE $647 913 00 OWNER S CONSTRUCTION BUDGET VILLAGE CIVIC CENTER SITE & SITE INFRASTRUCTURE WORK ELECTRICAL DUCT BANK AND WATER MAIN $891. • I I • VILLAGE CIVIC CENTER SITE & SITE INFRASTRUCTURE WORK PHASES 1.2.3, 4, 5 & 6 (INCLUDING SCHOOL FF SANITARY FORCE MAIN) CONSTRUCTION MANAGERS CONSTRUCTION PHASE FEE $62 630 00 CONSTRUCTION MANAGERS OVERHEAD & PROFIT $84 541 00 CONSTRUCTION BUDGET BALANCE $1 946 594 00 OWNER S CONSTRUCTION BUDGET VILLAGE CIVIC CENTER SITE INFRASTRUCTURE WORK $2.093 . l VILLAGE COMMUNITY CENTER (RECREATION CENTER) CONSTRUCTION MANAGER S CONSTRUCTION PHASE FEE $771 920 00 CONSTRUCTION MANAGERS OVERHEAD & PROFIT $428 698 00 AMENDMENT NO 16 PERMIT DRAWING CHANGES $355 318 00 AMENDMENT NO 17 UNFORESEEN CONDITION & OWNER MODIFICATIONS $118 064 00 CONSTRUCTION BUDGET BALANCE $9 123 832 00 EXHIBIT B OWNER S CONSTRUCTION BUDGET OWNER S CONSTRUCTION BUDGET VILLAGE COMMUNITY CENTER OWNER CHANGE ORDERS OWNER CHANGE ORDER NO 1 OWNER CHANGE ORDER NO 2 OWNER CHANGE ORDER NO 3 TOTAL OWNER CHANGE ORDERS OWNER S TOTAL CONSTRUCTION BUDGET (ALL PHASES) AMENDMENT NO 07 - VILLAGE HALL GENERATOR BUILDING (NOT INCLUDED IN GMP) OWNER S TOTAL CONTRACT BUDGET $10.797.832.00 ($1 140 899 62) ($1 118 301 79) $34 363 00 1$2124.838.411 $22 941 342 59 $72 760 00 $23,014,102 59 Cummiriicj5 General Contrcctcr July 17, 2003 SKYLINE MaNAGEMENT GROUP INC 88 W est McIntyre Street Key Biscayne, FL 33149 James A Cummings, In 3575 Northwest 53rd Strei Fort Lauderdale FL 33309 Phone 954 733-4211 Fax 954485 9688 Website wwvviamesacummings corn TRANSMITTED VIA HAND DELIVERY ATTN Mr Paul Abbott RE KEY BISCAYNE CIVIC CENTER — COMMUNITY CENTER REQUEST FOR CHANGE ORDER PROPOSAL EXISTING WELL ABANDONMENT p ---t t C. Dear Mr Abbott, To accomplish work for the Abandonment of the Existing Deep Well located with the excavation of the Community Center, an additive change order in the amount of $11,221 00 is required Please see attached summary form and subcontractor quotations for a recapitulation of this amount The Work associated with this change order request is limited to, the procurement of permits, the re drilling of the well and installation of grout This change will not affect our ability to complete Work associated at the Community Center, specifically the installation of the Mat Foundation James A Cummings, Inc is proceeding with procuring the permit to mitigate additional schedule impacts however final completion of this Work is contingent upon approval by VKB/SMG for this change If there are any questions and/or concerns regarding this matter please do not hesitate in contacting this office at (305) 361-9227 for discussion Sincerely, JAMES A UMMINGS, INC der Smith Jr ect Manager Cc Armando NunLz VKB Rick Derrer JAC Rob Nfaphis J '1C FILF eal?•L4•O3 r James A Cummings Inc Proposal Summary Form Village of Key Biscayne R -05C Abandonment of Existing Well Curnmtncis J-jj SECTION DESCRIPTION OF WORK LABOR MATERIAL ISUBCONTRACT 02 STONE CIRCLE UNDERGROUND INC $9 775 , Procure Permits and Mobilize Equipment for Abandonment of Existing 18" Dannage Well located at the Community Center $225 02 CRAVEN THOMPSON & ASSOCIATES INC Survey to Locate Abandoned Well for Permitting 18 AMERICAN EQUIPMENT $102 Pump to Remove Water to locate Abandoned Well 18 HSS RENTX $88 Additional Pump Needed to Remove Water to locate Abandoned Well 18 CHUCK'S BACKHOE $441 Equipment to Excavate for Location of Well I SUBTOTAL LABOR BURDEN SALES TAX SUBTOTAL TOTAL OVERHEAD (4 5%) SUBTOTAL PROFIT (Included in Overhead above) SUBTOTAL BOND TOTAL $0 $0 $10 631 $0 00 $0 $0 $0 $10 631 Ir $10631 $478 $11 1101 N/A $111101 I $111 $11 2211 08/19/2003 1 STONE -CIRCLE UNDERGROUND, INC CHANGE ORDER REQUEST FOR KEY BISCAYNE RECREATION CENTER JULY 11, 2003 N / water • sewer • drainage construction Descnotion Abandonment of wasting 18" drainage well in accordance with Department of Environmental Protection This includes permits with fees and re -drilling of well to nominal original depth prior to grouting Drainaae, 18' Drainage Well Abandonment keybisreccntr3 Quantity mit Extenclesi 1 EA $9 775 00 $9.775 00 Drainage Total = $9,775 00 Total For This Change Order = $9,775 00 RECEIVED JUL 1 1 2003 James A Cummings, Inc Lei Biscayne Civic Center 3830 5 W 30th Avenue Hollywood, Florida 33312 (954) 331 5020 Fax (954) 331-0685 License #91-1257 fat L 10 2()() 3 V i Hand Deliver, James A C, ummings Inc Attention Mr Alex Smith 3575 NW 53rd Street Fort Lauderdale FL 33309 r _ CRAVEN 1HOMPSON & ASSOCIATES INC Engineers Planners Surveyors 3563 N W 53rd Street Fort Lauderdale FL 33009 6311 (954) 739 6400 Fax (954) 739 6409 West Palm Beach RE KEY BISCAYNE RECREATION CENTER CT&A PROJECT NO 01-0065-C Dear Alex Enclosed please find a copy of the unsubmitted invoice #R06214 This in oice represents miscellaneous surveying services for the month of May 2003 as requested by your firm Please issue a change order in the amount of $225 00 for this %pork Please do not hesitate to call with any questions Sincerer CR&` EN THO I SON & ASSOCIATES, INC DOUGLAS M DAVIE ice President Surveying DMD1 bk F nc. tosurr. RECEIVED JUN 1 1 2e03 James A Cur,r,ln;s Inc Key Biscayne C►'„c Center f I JUN 1 0 2003 ECIEOVE0 JAMES A CUMMINGS INC CORPORATE CRAVEN~HOMPSON & ASSOC TES INC. ENO'tNEERS, PLANNERS, SURVEYORS REMIT PAYMENT TO 3563 N W 53-i St Ft LaLderdate FL 33309 Phone (954) 739 6400 Fax (954) 739 6409 James A. Currntn;s, Inc. Att. Mr. Steve Satth 3575 N.W. 53rd Street Fort Lauderdale, Florida 33309 r aryl. �A�▪ `• �' -TM: 05/31103.f `S 4 v Ya€DaiLLzKG -TM 'r� +J'i. S, ROJECT - -.r:O1 1065'-4 r%-4' C 01 774 J s a r i CLI E or t• iy �..rw� rte. - ri' N /•<, 4 ,.�¢s"�v�` � "F ��iar i! �f2`' �s h �hY..x^E14 Y4.yr wX x a d t -"C �r.Aeit �i Z w ,�=E-44P t atE 6 CLASS- trmrramtvritTE -s LMM A R Y * * .0 SURVEYING SERVICES Survey Fielj Crer arry F. mitchell 05/23/03 LOCATION OF WELL SITE AT CIVIC CENTER (W011377) * * * i0U0S RATE )o 2.50 2.50 f.—, r.. . AMOUNT 90.00 225.00 ** Total Project u1 -0005-C 225.00 225.00 IS THE ABOVE DUE AND PAYABLE WHEN PRESENTED CLIENT COPY PLEASE REMIT CHECK AND COPY OF INVOICE TO P' I ei Inconni c nccir-f Lia pr., 4 - SURVEY WORK ORDER DATE -- rVCRk" ORDER NUMBER 1377 'C �y L / 3 4-11, tie PROJECT AAjL" c, v — a / D O 6Sc PRO✓EC T NUMBt R PARTY CHIEF NAME &2 4 PARTY CHIEF R NUMB d7S E TASK CODEt__,R15.13 R` G HOURS 2-5 OT HOURS -- �_ - -C(f 77 NAME t CLIENT NUMBER ----- PERSON REQUESTING WORK (PR/NTH DATE OF REQUEST -5-4-C"-L17 DATE OF COMPLETION S.-- 0 CONTRACT ITEM ❑ NON -CONTRACT /TEM ❑ ORIGINAL STAKEOUT 0 RESTAKE C?'-OTh'ER COMMENTS STATE IN DETAIL EXACTLY WHAT WORK WAS PERFORMED 0c.o_/o.0 of- /5 '' WC' G /5/ /4r FIELD BOOK / 5'7' PACE 574 AUTHORIZED S Y SIGNATURE (PRINT NAME ANO COMPANY CRAVEN THOMPSON & ASSOCIATES INC. ENGINE:RS PLANNERS SURVEYORS 3563 N W 53R0 STREET FORT LAUDERDALE FLORIDA 33309 (954) 739 6400 FAX (954) 739 6409 OFFICES FORT LAUDERDALE WEST PALM BEACH 111 American Equipment Rental, Inc. 1651 NORTH POWERLINE ROAD • POMPANO BEACH FL 33069 1295 P —Faro a. -;Y' 971 2506 Miami (305) 870 0520 • Miramar (954) 441 5015. Boynton (561) 733 8616 Fax (954) 972 7159 Toll Free (888) 441 3195 • Website amencan equip corn BILL Construction Equipment Rentals, Sales, Service & Hardware J \vt_ ; xt C w:P) 5TFEE, SHIP 1 _ .Le�,_ t_►= r f RISC rNE PECPE 1 PRODUCT 4 L—., 1:7 t T r .-E ST r i f '-i " t'i i- FL .4_1' t r I OICF # Tt It, O: -E (r'i g PHI- T tC HONDA GIIINIENATORMI 5T/HC Lic:Ei L co() 1•= Cr# Ppl irr SITE 4ftZ • q_ ILJMEc :G1 TEL c45,+—i L S--4,_ 1 1 T L,IE IN 30 U, PAGE 1 MB ErtTE'TTbliE OUT STATUS Q'f UNIT PR1CL IAA' A4 PO 1,4 ( ;+IEit MrsY LE 4+=f -t4 P F i ?t r ti0, 036 7 0+M R -D IL Kt 1, 00 1- q0 :800 &LLtD T)"tU f�IE -Ids -E C -r_ i -rtiEr4 WED MAT d3/,003 7 4`1JM 7h, Mhf 30/.:003 7 00API RTD EHTLY fl 0121-00 DAILf vit 6,CE _ f E>liL� ' A ti �+ L ivered By fed Up By equiprnen h — hereby acknuNl icludtng ait e r'less derl r I ditional ental e mrr l 'le out "ot r r 4i 4 6CE;S ZOO 00 Yf 'ITHL I`EPlGD 1 DA/C,' ribi.R r5) nctiTAL �ERI`Dt ' D' Y 3) ,.? 3 KIP S 40 ► i' .8 .0o3 45411 rRI MAY :,tdr20 C 7 (NAM RTD N -+ 4cEP.► 41 IN 94 VO TJT tl-LE Time Time NENTHL GCR'Ltri 1 DAY Sr :LL HtI,R 51 E`4 I RDM€NTHL Ch I CE vtkl TOT SLR'! CES RECEIVED JUN 0 4 2003 James A Cummings Inc Ke BIscarP r4vic ate. Da e Date N, II '21u e t r repair t with deliberate sp ad women( subject to this agreement wt c`l I ha4e ead �r5z 5 IC ma �� harge5 ax end the ental 11 e m be irnd hN c milt. agr ement a )n number is ass gred W0 charre or he Customer acknoN edges safety and operat ng nstr.ic ionh 18 1Mc� 15 e 7` SIM ON . DkDE TAX TrhTAL RHLP JCE DIE 17: • r. • -e I0-, ,,_ la_ a ere( t of ate doc merts and r dpr and all applicaofe THIS S AN AGREEMENT READ BOTH SIDES BEFORE SIGNING X Signature Date Print Name 4, r PS KdE1141r 1.1111111111 HSS REN?3( HSS RentX Billing Office 6000 E Evans Ave #2 400 Denver CO 80222 Equipment Used at 530 GRANDON BLVD JAMES .A CLT MINGS INC 3575 NW 53RD STREET FORT LAUDERDALE, FL 33309 11111111111 1111111 111 Account # JA0001 Purchase Order # REC CENTER Product # Description 48246 TRASH PUMP 3 GAS 18935 CONVENIENCE FUEL CHARGE DEL 8 DELIVERY AND PICKUP DISC DISCOUNT ® 30 00% i 05/24 03 13 VISA JA0001 88 04 Invoice Numeer 200716 Payment Due 06/23/03 Conuact Numoer 883-05297 A16 Purchase Order REC CENTER HSS RENTX INC PO BOX 550306 TAMPA FL 33655-0306 Page 1 Please detach and return top portion with your payment 1111111n11111111MlUal ERMINNIIIrIIIN1111NN1fq11111(tlll(IIAIIIIEM Invoice # Invoice Date For Billing Inquiries, call your Service Representative 200716 05/24/03 Oate!Time Out 05/23/03 05/23/03 1--,1C vim IV 1 ar L\4.. Lam. WENDY J at 1 877 736 8212 Billed Through Qty Unit 05/23/03 05/23/03 RECEIVED JUN C 200 J_Irlc'S A CI �� rlliric . l C hey BISLavilo C iris C? ire - 1 1 DY rat 54 40 1 4 20 1 40 00 1 16 32 »nl! d a_ ni PLEASE PAY FROM THIS INVOICE Month rates are shown as 3x Weekly Rate RENT COMPLETE Damage Waiver SubTotal Total Tax 1 Extended 5440 4 20 4000 16 32 82 28 5 76 unt JA0001 Invarp 2nr1-71 r, r n 1 Total Due 06/23/03 r u nn n n nn n .. 88 04 P 4 'x`31 Z'_ In 5,77 44A0 SS RE: -1,17 Everything It Takes _^i Tf 5 r Loft f v..s �4wjF Delb-n �-�z w2/Z t- l rgr /bw 1 L. a' y l '1 -s r Call 1-iis-si-RENTX for a location near you. FREE CATALOG. ArA imam %al Amax Main Office 6000 E Evans Ave , Suite 2-300, Denver CO 80222 Chuck's BACkhOE SERVICE, INC. 2301 N W 15th Court Pompano Beach FL 33069 (954) 973 6600 (800) 273 6248 • Fax (954) 973 6667 www chucksbackhoe corn . . . Heavy Equipment Rentals With Operator/ S. James A Cummings, Inc 3575 N W 53 Street Ft Lauderdale, FL 33309 Date - Ticket # 5/23 92882 Description Travel Time Backhoe Rental RECEIVED Unit Hour Hour JUN 03 2003 James A Cummings Inc Key Biscayne Civic Center serving DADE • BROWARD • PALM BEACH Since FLORIDA LAW Requires that You Obtain Underground Utility Locations 48 Hours Before You Dig! Please Call Sunshine State One Call Center (800) 432-4770 BACKHOES BOBCATS LOADERS DOZERS EXCAVATORS • ROLLERS Invoice No Invoice Date Due Date Page No 90392 5/23/2003 6/22/2003 1 Job Name & Address Key Biscayne Fire Station 85 W McIntyre St Key Biscayne Purchase Order # Quantity Unit Price 1971 1 00 49 00 8 00 49 00 Amount $49 00 $392 00 ECEOVE f JUN 01 2003 I JAMES A CUMMINGS, INC CORPORATE D Total Amount Due $441 00 a I • Backhoes • Bobcats Loaders • Rollers n • Large Dozers - Graders ' Excavators • Mini Excavators Chuck's BACkhOE SERViCE, INC. 2301 N W 15th Court Pompano Beach FL 33069 (954) 973 6600 • (800) 273 6248 • Fax (954) 973-6667 www chucksbackhoe corn —Heavy Equipment Rentals With Operator SERVING DADE • BROWARD • PALM BEACH SINCE 1971 CUSTOMER NAME & - DCRtaS GATE J08 NAME & LOCATION C"r7 -1' S 73 5 In%/Ycr- /J 6 ° c,'r.,C 4, TYPE OF EQUIP cV� , MACHINE # . ac, DESCRIPTION OF WORK,, t y/GO,-/r ‘ / lei Ii L/Q L-,1 C C/94 IL. 7:-V ffie-? / TIME START 'v P M TRAVEL TIME " �'z HAS <1:1 TIME FINISH 5 o TOTAL HRS WORKED REMARKS OPERATOR HOURS /')e/1-- i va 092882 SIGNATURE PLEASE NOTE It shall be the responsibility of the Customer to locate all underground utilities lines pipes conduits cables etcetera and to clearly mark the location as same prior to the commencement of the use of the Equipment covered under this job ticket The Customer agrees to idemnify and hold Chuck s Backhoe Service Inc harmless for any and all losses damage fines etcetera that may be incurred as a r-. .f Customers failure to comply with its obll.. Ion ndr this paragraph FLORIDA LAW Requires that You Obtain Underground Utility Locations 48hrs Before You Dig! Please Call Sunshine State One -Call Center (800) 432-4770 JOB TICKET OFFICE C m mr i z z a. 4 ti z U I- m 0 W z ef f - _.- ..-)z--t-vir \--c-- A 4 a I umming General Contractors October 29 2003 SKYLINE MANAGEMENT GROUP, INC 88 West McIntyre Street Key Biscayne, FL 33149 James A Cummings, Inc 3575 Northwest 53rd Street Fort Lauderdale FL 33309 Phone 954 733-4211 Fax 954-485 9688 Website wwwjamesacummings corn TRANSMITTED VIA FAX (305) 573-2620 ATTN Mr Paul Abbott, Project Director RE KEY BISCAYNE CIVIC CENTER — COMMUNITY CENTER REQUEST FOR CHANGE ORDER PROPOSAL R -14C BASKETBALL BACKSTOP HEIGHT ADJUSTERS Dear Mr Abbott, To accomplish work requested by the Village of Key Biscayne and noted in Hufcor/Gulfstream proposal dated February 13, 2003 for furnishing & installation of the Six (6) Electric Basketball Backstop Height Adjusters for the Community Center, an additive change order in the amount of $9,394 00 is required Please see attached summary form and subcontractor quotations for a recapitulation of this amount The work of this change order request is limited to the Installation of Six (6) Electric Basketball Backstop Height Adjusters as delineated in response from Robert G Currie Partnership to RFI #C094 dated October 23, 2003 If there are any questions and/or concerns regarding this matter please do not hesitate in contacting this office at (305) 361-9227 for discussion CUMMINGS, INC x der Smith Jr ject Manager Reviewed & Approved VI E OF KEY BISCAYNE it), '''s I , .":, Abbott VKB/SMG Project Director Cc Jose Aguila, Robert G Currie Partnership via fax (561) 243-8184 Todd Hofferberth VKBRDD Eric Squilla JAC FILE James A Cummings Inc Proposal Summary Form Village of Key Biscayne R -14C Electric Basketball Backstop Height Adjusters ummin s !�lf1 SECTION I DESCRIPTION OF WORK _ LABOR MATERIAL SUBCONTRACT 12 HUF-COR/GULFSTREAM Furnish & Install Six (6) Basketball Backstop Height Adjusters at the Community Center $8 900 SUBTOTAL LABOR BURDEN SALES TAX SUBTOTAL TOTAL OVERHEAD (4 5%) SUBTOTAL PROFIT (Included in Overhead' above) SUBTOTAL BOND TOTAL $0 $0 $8 900 $0 00 $0 $0 $0 $8 900 $8 900- $4011 $9 301 N/A $9 301 $93 $9 394 10/29/2003 JAMES A CUMMINGS INC 1 r Request for Information Detailed (without Collaboration) grouped by Number Key Biscayne Civic Center 85 West McIntyre Street Key Biscayne Florida 33149 Project # 99-1 38 James A Cummings, Inc Tel 305 361 9227 Fax 305-361-5647 RF'I # C094 Date Created 10/23/03 To Company Attention Author Company Authored By Robert G Cume Partnership 134 NE 1st Ave Delray Beach FL 33444 Jose Aguila James A Cummings Inc 530 Crandon Blvd Key Biscayne FL 33149 Jorge Fuentes Subject Discipline Electric Height Adjusters for Backboards Electrical Cost Impact Amount Sched Impact Days Dwg Impact 0 0 Cc Company Name Contact Name Copies Notes Village of Key Biscayne JAMES A CUMMINGS Paul Abbott Eric Squilla 1 1 Question Date Required 10/30/03 Per Village of Key Biscayne incorporate electric height adjusters on backboards and key pad for operation in Gymnasium There are no additional electrical requirements Suggestion Answer Company Answered By Co -Respondent Robert G Cume Partnership Jose Aguila Answer Date Answered 10/28/03 We are OK with this item Make sure there are no systems that we need to revise Prolog Manager Printed on 10/29/03 \\claudia server\ \amend #15 rec t.tr pmd Page 1 of 1 HOBERT G CUPR I E PRRTNERSH I P PHONE NO 561 243 8184 Oct 28 2003 04 55PM P8 UCt ci UJ Ld L., rta, tii VaayAd Lentie, JUbd Ab 4 1 Request for Information ?ctalacd (wzthout Cdllaborntr ar r gtcLpcd by Aumber Key Biscayne Crvtc Carter 85 Wit-MWit-M Mcllyrt: StreU Key Biscayne Florida 33149 Projec-t #1 99 138 Tel 305.361 9221 fax 305 -64 (64' Jaroe7 A C1uuusInas 1Ac. II I pair + ,•.I( . 1 i•' __ I To Company Robert 0 Currie Par►nership t34 NE 1st Ave DelrIy Beu.h, iL 33444 Subject Electric HcQhr Adjuctert ror Backboards Cost Impact Cc Company Name Vtllagc or Key Biscayne JAMES A. CUMMLNGS Atteatieo AIM Aglaia Amount Sowed Impact 0 Cantata Name Plitt Abbott Eric Squil a Aatdror Corny Junes A Lurnttltngs. Inc 530 Crandon BIrd Key Biscayne, FL 33 149 Diselpllue Electrical Copts Notes Authored By Jorge Fuentes DAVA Dwg Impact 0 Qreattaa Date Required 101303 Per Village of Key Biscayne incorporate alectnc hctytit adwstcn on backboards and key pad for are-atbr to Gymnasium There are no additional electrical requirement, Sanitation AiRrwer Company Robert 0 Currie Partnership Answer Answered By Jose Agu ds Co -Respondent & Q.;.4 k. tdt-k-v‘ 4-147c, c+ ter . tAeL 1/44. St" -.1 4 Vise..e. & Owe ',,.• 1,u, b s 4 - te.v • v.. (040) Date Aiswetod kECEIVED o C T 2 3 2003 _c; A C ,rrrlaf(+' /root Haisagfr Printed an 01 7 03 I c audta-3-•vcr' 'ancnu 45 rec cC prnd Pa¢c I or'I FE3-13-2003 04 33PM cRCM-hufccr ipIfs ream 5o 7904 30 T-575 P 001/03! F-492 I WHUECOR /Gulfstream Proposal TO, Key Biscayne Roc Center r F -)4f. ATTENTION Todd FAX 305-363-8836 FROM Anthony Medina RE Gymnasium Electric Height Adjusters & Mec Pad ( ig%.3 ) 02/13/03 ---------7 Todd, As per your request here Is the quote HUFCOR/Gulfstream proposes to furnish and install as noted the following equipment ATHLETIC EQUIPMENT Manufacturer JavDro • Model EHA 800 Electric Aluminum Height Adjuster for 800 Series Mast • Quantity (6) total • Features 50% lighter than steel Adjsuts from 8' — 10' Anodized finish Narrow, clean profile • Upgrade required MEC II pad to accommodate additional units > Note Installation included as part of general package TOTAL PRICE $ 8,900.00 Please contact me If I can be of further assistance Sincerely, Anthony Me Sales Representative 160 Bualness Parkway • Suite 6 • West Palm Beach FL 33411 • Phone (561) 780 8882 • Fax (581) 700-4330 A Division of HUFCOA/ Orlando Incorporated Page 1 of 1 MEC PAD / '-` _jUSTEPS I1 )TheIECOq rumbe or c_-,1,1 di/rde our , a.. rights FA ., 1E4 •1 Le °r L 4L 3 S t G - C C ter' t~cller L Gt' m =-12 r..r' Gvcrot cr kevs and an operate ar r invited p re is rciudirg oasketball backstops gym PC I t ..ages and electr c height adjus ers as well a '""` ds otc (^ot irtehdtrt 'or oleaohe ,) T le AMC Psi, ' o. s- no tier vi1Lhe5 :,ecaose it br ncs only 12 volts to floor le el as opLosed u key sv itches that use 110 volts A 'our digit code an be cra%eJ at _ , tirre ore✓ent unsucemsed use Ore MEG PAC ' inoiudes ore touch pad and one relay box that ope ates up to eight (8) gjrrrasium components and two continuous 15 amp auxiliary services for lights PA systems score boards etc Each additional relay box operates an additional eight components and two auxiliary services Can save thousands of dollars on electrical work if specified This product is UL Listed Lose Uu N,. for Paton F- r+ i , The MEC PAM" is both simple and sophisticated No more need for keys Unbeatable Benefits! • No keys to lose Save money on electrical work • State of the art easy to operate • Consolidate your key switches • For new installations or easy to retrofit • Safer than key switches • Four digit code prevents unsupervised use Cleane looking than key switches The narrow profile of the AHA height adjuster maintains a visually clean target area AHA Manual Aluminum Height Adjuster This lightweight state of the ar neight adjuster is virtually irvisible at irst gia^oe' C , 14 a' he ridest point 50 O lighter that ste_l keight a ilc s rs means less strain and wear and tear on the r it oh and cable Lightweight a t minum mates t ea rer to adjust from 8 to 10 A lc,( -4 zed hi i r vi, tit t liKe painted finishes The tighter tole a 1rt S or al rri ium maintain a sturdy backboard even in the is .ered position Mult pia hei31 s -t r , c,l ri m 7 mad and can easily bu seen from t1 c ft( or Limited Lifetime warranty on all backboards when used with Jaypro height adjusters Electric height adjusters are available with MEC Pad operation no more keys' See above for more information HAPW 100 Powervvand The powervand s designed to elrmirlte the need for wir rig Portable rod plutis r a a et ep -foie in the reign aalu5ier nit is oowerad by a - tnrdird al r+r rn► ,ii a EAHA Etect-ic Alurrir urr7 He cif t Adjuster Same as rh m inu electric ope u ! ke vi ' ME.: PAD radio control ui F a d Limit fn ztrc.all j stop the height 'ids a ti -t. 3 1c n igr t heitPub adjust ex t r t loin' mot( r fu I .)Pr INFOP 1 \tin J OR F IF DEALER 1 I I I Ja y�r v James A Cummings, Inc 3575 Northwest 53rd Street Fort Lauderdale FL 33309 Ale Eider Smith l umrmin9 General Contractors October 2, 2003 E-15z.k- 1 SKYLINE MANAGEMENT GROUP, INC 88 West McIntyre Street Key Biscayne, FL 33149 Phone 954 733-4211 Fax 954-485 9688 Webste wwwjamesacurnrnings corn TRANSMITTED VIA FAX (305) 573-2620 ATTN Mr Paul Abbott, Project Director RE KEY BISCAYNE CIVIC CENTER — COMMUNITY CENTER REQUEST FOR CHANGE ORDER PROPOSAL R -16C PERMIT FEE INCREASE Dear Mr Abbott, To accomplish work noted in procuring the Building Permit (issue date of 05/06/2003) for the Community Center, an additive change order in the amount of $6,422 00 is required Please see attached summary form and building department quotation for a recapitulation of this amount The request for this change order is limited to the Building Permit issued on 05/06/2003 The GMP Proposal dated October 17, 2002 provided a permit allowance of $85,000 00 The costs associated with procuring the Building Permit for the Community Center are $91,422 00 If there are any questions and/or concerns regarding this matter please do not hesitate in contacting this office at (305) 361-9227 for discussion Sincerely, Rev d : • R oved JAM CUMMINGS, INC S ! I l Er ' ANAGEMENT GROUP, INC P. •'b Project Manager G Project Director Cc Rob Maphis, JAC Eric Squilla, JAC FILE It James A Cummings Inc Proposal Summary Form Village of Key Biscayne ummm s R -16C Building Permit Fee Increase SECTION DESCRIPTION OF WORK **Credit of GMP Allowance for Permits as indicated in GMP Proposal dated October 17 2002 I LABOR MATERIAL SUBCONTRACT ($85 000) 01 JAMES A CUMMINGS INC Actual Cost of Building Permit No B03-02705 $91 4221 J I 1 SUBTOTAL LABOR BURDEN SALES TAX SUBTOTAL TOTAL OVERHEAD (4 5%) SUBTOTAL PROFIT (Included in Overhead above) SUBTOTAL BOND TOTAL $0 $0 $6 422 $0 00 $0 $0 $0 $6 422 $6 422 r --N/A $6 422 I N/A $6 4221 N/A $6 422 10/02/2003 JAMES A CUMMINGS INC 1 Qualifications and Clarifications Where conflicts may exist between these Qualifications and Clarifications and the listed Contract Drawings, Specifications and ArchiteLt's letters of direction, these Qualifications and Clarifications shall govern 1 The Owner Allowances are sums of money established for a particular item of work which scope and description are not sufficiently defined to allow for pricing by Cummings These Allowances are inclusive of all labor (unless otherwise indicated), payroll taxes and insurance, material, sales and use tax, equipment, services, general requirements, insurance, bond and fee The following items of work are included as Owner Allowances Owner Allowances A Permits B On -Site Landscaping, Irrigation & Sod C Finish Hardware D Visual Aids Boards y E Interior Signage F Exterior Signage G Residential Appliances and Equipment H Miscellaneous Accessories I Window Shades and Treatments J Sand/Oil Separator K Building Security & CCTV Wired raceway System L Telephone & Data Empty Raceway System M Sound System With Wireless Microphone N Clock System 0 Cable TV System P UPS Stand Alone Units - 15 each Q Parking Equipment R Ceiling Fans S Tower Clocks $ 85,000 00 $ 75,000 00 $ 35,000 00 $ 3,500 00 $ 4,000 00 $ 5,000 00 $ 5,000 00 $ 10,000 00 $ 7,500 00 $ 10,000 00 $ 30,000 00 $ 20,000 00 $ 30,000 00 $ 10,000 00 $ 20,000 00 $ 4,500 00 $ 10,000 00 $ 2,500 00 $ 30,000 00 2 The costs included in this proposal are as specifically identified in this proposal and are as specifically shown in the enumerated contract documents 3 This proposal is based on the Technical Specifications dated September 14, 2001 for the Village of Key Biscayne Recreation Center as prepared by Robert Currie Partnership Inc 4 Builder's Risk Insurance is included 2 I` SPEC 1 OR COMMENTS 77* I NOTICE in addition to the requirements of this permit there may be additional restrictions applicable to this property that may be founduln fjtpublic records of this count) and there my be addition! permits required from other govermenta! entities such as water management districts sstateii ennciiees or fetIeral agencies Graffiti it is the responsibility of the general contractor to maintain a clean and safe construction site including the removal of grafiti If an inspector observes graffiti on the site a violation notice with a maximum daily fine of $500 00 will be issued Inspections will not be made until the graffiti is removed Inspections for First Floor Slab, Tie Beam & Pool or Outdoor Deck Elevations& Setbacks 1 I nor to any slab pour %% ohm the main buildins or prior to installation of any outdoor paved surface setbacks must be shown on an as budt,survey Simultaneously an elevan n certificate reptesenune the top of f irni board for the same structures must be provided The first floor top of form board elevation for the main building should be the Base 1 lood Elry anon at a minimum The outdoor pay ed surface elevation should be no higher than the first floor elevation or if encroaching required setbacks no hil,her than the applicable Maximum Lot Llevanon " 2 After slab pour or outdoor paved surfa e installation provide the same elevation and setback information as above 1s always applicable top of tie beam elevations for the main building must be submitted upon completion of each floor to confirm compliance with zoninf, wall hei ht resulations 4 For final inspection provide the setbacks and elevation certificates for all aforementioned structures 4 Village of Key Biscayne Building Zontng and Planning Dept 88 West McIntyre Street Suite 250 BUILDING PERMIT CARD Master permit No 1301 0270 Permit Type BLDGPRMT Date Issued 05/06t2001 M sster kpplication Numbei 1103 0270.1 Folio 2442320010070 Code Year 0 Oss ner s N ime \- ILI \Cil OE, ICE\ BISCA\ NE Phone No Site Address 8i) w MC [Ni 5 RL S I KB ',- Contractor s Name J \\If S A CUNNINGS INC Phone No 954 733 4211 Contr Lic No CGCO2164') Current Prop Use Proposed Prop Use Work Description NEW CONSTRUCTION CONIti1UNI-IY CEN [ER CONTRACTORS SUM I ( 1I I (305) lop 5112 BET\\ FF r TIiF HOURS OF 8 30 A M AND 3 10 P M FOR INSPECTIONS LISTFD ON THIS PERMI F C 1RD 1S I I R SI BC 105 2 THIS C 1RD \1LST BF DISPI 11 ED ON TIiF FRONT OF TIiF JOB IN A CONSI iCLOLS i OC 1TION %F Ai I i I \1F S OR NO INSPEC I ION WII 1 111 M 1DF DO NO is BEGIN ANY WORK 'WITHOUT 11 1‘ INC RF(F IN I I) NOLR \ Al ID 1TF D PE RAII i 1ND PERM! I' C 1RD \1PPLI\ INC FOR 1 PFRMIT DOFS NOT CR kNIT THF RIGHT TO Brc1N CONSTRIJCTit )N 1I i CONS I RIC i ION OR DENI01 1 I ION ARJ 1S \1L ST BE M 1INT AINFD IN 1 Ci F 1N 'NEAT AND SANI F 1R\ CONDITION FRFI FRONT CONS i RI C i ION DEBRIS C ONSTRUCTiON OR DEMOI ITTON PROJECTS N\ ITtt A COS i IN I \CI SS OI SIG 000 ARF RFQUIRP D I () PRO\ IDF SL Fl l(I 1N F ON SI Ft RFCFPT ACi ES STREF FS AND NP ICIIBORiNG PROPFRTIF S SI 1 \ I i BF Iv.FPI FREE FRO\i Dm! 1ND Di BRiS I RO I F( r S\\ 1t F S FROM BFI'G D 1111 1GFD ill EQUIPMENT OR k FIIICI i S 1101 RS OF CONS I RUC I ION it t limited to the following Mond-i) through Friday 7 00 i m to 0 30 p m Saturd Sund vvs and Huhd ►vs \'Votl. cin hcnet illy ocent only if it cuinot be heard in ad. scent buildings or'ipart ment/coudorniuiuni units llolid iti include Nev 1 c ►i s I) iv \i irbi► I tither Kin,, Jr Birthday (the third 11Iondwy in I-inuary) \\ ishnrl,ton s ltitlhd iv (the third llutirl iv in I ehru in) \lens ii i it I) iv iricicl►cncicnc( I) iv I i1iut 1) iv Columbus Day \'etcr'in s D is Ih'inksgiving D9v Ind Christmis I) iv I he use of heavy equipment for earth mov in ind conch icfin , c merit de niolation or pile driving is not permitted on Sund iys timid Itolid iv s Fines I li( ♦ubconti ictur incl th ( in iii C ontr'tctrir v II hntt i .,i r ., 1 RECEIPT RECEIPT NUMBER R98007115 APD # SITE ADDRESS PARCEL B03-02705 89 W MCINTYRE ST VKB 24-42320010070 TYPE Building Permit Master TRANSACTION DATE TRUST TRANS LIST 05/06/2003 TOTAL PAYMENT TOTAL PAID FROM TRUST TOTAL PAID FROM CURRENCY TRANSACTION LIST Type Method Description 91,421 80 00 91,421 80 Amount Payment Check 002080 ACCOUNT ITEM LIST Description TOTAL Account Code 91,421 80 91,421 80 Current Pmts Bldg Permit Fee Metro -Dade County Fee Permit Software Radon Gas Fee Scanning Fee Site Plan Review Fee State DCA Surcharge Zoning Review Fee RECEIPT ISSUED BY AMOLINA ENTERED DATE 05/06/2003 00 322 00 100 00 322 00 100 00 322 00 200 00 322 00 100 00 322 00 100 00 329 00 300 00 322 00 100 00 329 00 300 TOTAL INITIALS AMM TIME 09 39 AM 83,478 00 1,489 80 6 00 191 00 900 00 200 00 191 00 4 966 00 91,421 80 ummin9s C '*-'* General Contractor - December 9 2003 " fim Cr SKYLINE MAN 4GEMENT GROUP, INC 88 West McIntyre Street Key Biscayne, FL 33149 A. 1----i James A Cummings, Inc 3575 Northwest 53rd Stree Fort Lauderdale FL 33309 Phone 954-7334211 Fax 954-485 9688 Website w wv lamesacummings corn TRANSMITTED VIA FAX (305) 573-2620 ATTN Mr Paul Abbott, Project Director RE KEY BISCAYNE CIVIC CENTER — COMMUNITY CENTER REQUEST FOR CHANGE ORDER PROPOSAL R -20C WEATHER IMPACTS Dear Mr Abbott, To accomplish Work necessary in the clean-up and water control of Weather Impacts that occurred on November 6, 2003 (see Cummings letter dated 11/07/03) at the Community Center an additive change order in the amount of $6 234 00 and a Construction Phase Time Extension of Two (2) working days is required Please see attached summary form and vender quotations for a recapitulation of this amount The request for this change order is limited to the costs and time associated with labor, materials and equipment necessary in the clean-up efforts of the Community Center immediately following the weather impact realized on November 6, 2003 If there are any questions and/or concerns regarding this matter please do not hesitate in contacting this office at (305) 361-9227 for discussion Sincerely, JAM P J A UMMINGS, INC der S ith Jr ect Manager Cc Eric Squilla JA( FILF Reviewed & Approved S E AGEMENT GROUP, INC Abbott /SMG Project Director James A Cummings Inc Proposal Summary Form Village of Key Biscayne R -20C Heavy Rains and Flood Costs 1 SECTION 01 I DESCRIPTION OF WORK JAMES A CUMMINGS INC I l LABOR l MATERIAL ,SUBCONTRACT Extend Construction Phase Fee & Construction Schedule Two (2) Working Days ($1 833 per day allowable by Agreement Between the Owner and the Construction Manager) $3 666 West Miami Discount Tool - 134377 $108 American Equipment - 65822 Amencan Equipment - 65823 $170 $164 rnmeume i emporary tarring - LLti41 I I $390 Pnmetime Temporary Staffing - 23092 ! $1 176- 02 Griffin Dewatering South Florida L L C 6" Vacuum Pump - 431659 $500 ! I � I J + 1 I I 1 1 � i I I I 1 1 I -i I SUBTOTAL LABOR BURDEN SALES TAX SUBTOTAL TOTAL OVERHEAD (4 5%) SUBTOTAL PROFIT (Included in Overhead above) SUBTOTAL BOND TOTAL I $0J $9421 $5 2261 $000 $0 $66 $1 008 $5 226 $6 234 N/A $6 234 N/A $6 234 N/A $6 234 12/09/2003 JAMES A CUMMINGS INC 1 JNTRACTORS & INDUSTRIAL quipment Tools Accessories EMINGTON AND RED HEAD fastening system & tools M ILWAUKEE M AKITA HITACHI DSCH PORTER CABLE METABO lectric tools and accessories HITACHI Air Nailers ULTRABOND & SIMPSON Epoxies TARGET BLAZER aw Blades Diamond Core Bits DYNAPAC Compactors IM ER TARGET Tile Saws WYCO vibrators SAFETY SUPPLIES Threaded Rod Powerstrut Beam clamps Spring Nuts r Compressors & Generators abrasive blades drill bits grinding disc & cup wheels drywall scre ws & leve ls extension cords couplers nuts & bolts ..honng and fas ten ing systems • ... • • . , ••• ►•••1 .••.. • ... . St .•. ..r• .• •••• v• • . ►.•. .••• .••• a ..• • • • ••.r . .♦ EST MIA MI DISCOUNT TOOL, INC Fasteners and Building Supplies www westmlamltool corn 1085 S W 67th AVENUE MIA MI FL 33144 Y6ve.S CU, WI nn t' n SOLO\ TO / i DESCRIPTION LEGAL TERMS Fo a a n cons derat on of merchandise described herein the parties agree to 1) that the buyer shall incur and be responsible for the additional payment of an Interest charge at 1 /a% per month or 1$ r nu m on an y outstand ng balance past due 2) the pu rchase 1 rther agrees to pay any an d all cowl costs and reasonable attar ina 20% eys lees seller ncurs n en rig colle lion of amounts due and ow ng Seller reserves the r ghl to charge al his sole d suer on re to k ng n g of g o y et ru ed cha d se THE ABOVE ME ' JNDISE CEIVED PURCHASE ORDER # MIAMI (305) 265-9988 www westmlamltool corn FAX (305) 265-1019 SHIP TO SALESMAN TERMS NET 30 NO DISCOUNT INVOICE13 37 7 QUANTITY QUANTITY BACK ORDERED SHIPPED ORDERED MYNA y, 4 _ fr -o UNIT I RICE UNIT EXTENSION 5,i 00 JJob0. Cult Cam;. , •• Chock for Am gun $ Approved (r BY DATE INVOICE SUB TOTAL �AtES 1 A TOTAL /37 7? / 7 y American Equipment Rental, Inc. 1651 NORTH POWERLINE ROAD • POMPANO BEACH FL 33069 1295 a^oJ9;a, 9- 2506 Miami (305) 870 0520 Miramar k954) 441 0015 Boynton (061) 733 8610 Fax (954) 972 710Q Toll Free (8881441 3195 Website amencan equip cam ET 1 314 r L 111 1 Construction Equipment Rentals Sales, Service & Hardware ,TAf11ES F) rLIMN JNGS INC 7f.J. NW ' RD S1 REE1 F J LAUDEPDALE ►'E`r Ef 5CA`rrIE POLICE 5E0 CRAPNDON- DLVD— IKE`r B I ECA /NE FL PRCE1.,CT # DESCRIPTION ►► -116 DAILY 0{21-P►01 DHILi i1C2-001 i4 LY DATE/TIME OtJT f pit 1" rC E # 111 (Cr r! -I f E CCNTrFr'C 1 -r HONDA. GENERATOR A ST/Ha: ECEOVE NOV 13 2003 JAMES A CUMMINGS INC CORPORATE fir 11/t t c L f U.. PO14 RHr ID I TE r1.U3TL1ME? !1 TEL 454-7:: 4t` 1 I TERMS DI IE IN ir21 ItN1Y S s8 1 L! ED T'F! t 1 STATUS QT1' UNIT PP r_ AMOUNT 2" CENTRIFUGAL. PUMP TE250NA DU NOV 0t'200: L 0601 NOV 10 20e3 7 464M 5TD 3 00, WEEKLY 120 00, 4 WEBS 300 0a SERI 23252 PE' ThiL c o; CP C n4 Y' S' 1' 51 HO(JP S) 2" X 50' HOSE THU NC: 00/2903 12 04'M NON NCJ 10 21 7 40A0 RTD 6 00, WEEKLY' 15 eel 4 WEEKS 30 d0 2" SUCTION HOSE THU NOV Oh/Ale3 1h 00, WEEKLY 18 00, 4 WEEKS 45 00 TOT RENTALS 1.,8 00 i'cCEIVE t` NOV 1 9 ?003 `,PS A Corn mngs �^ r31sca / 1 C' RENjhi PERIOD .. DP/ IS) 17 51 HOUR 'SI 1, 0:1°'.1 PEN NGV 10/20 C 7 OAP 4TO TOT SHLES RENTAL PERIOD 3 DA"=3 17 51 HOUR(S) E'rt/ 1 RC1 MEN T AL CHARSE il0 TOT SERI/ CES 1 75 Vendor iA Job l 1 �;1— Cost Coder)" -4 'cC'r -rv"} r / o __ S CI DLit S Approvcd 0/ 03,3 1 1c'0 Bri 1e0 00 15 00 Z0 00 1400 1800 1 75 SIBTOTNL 1h9 75 DADE T1.X 11 88 TOTAL 181 b3 RPL,+rNC ri c '� c - Bred By Tlr^e Date 'd Up By Time Date It t rc 1k do i r I , v I Pp ice t Po iir t with deb air' sp ed "' ' ledq e it 0 it r -t, bp to hr agraernen w ch as in o li on ur e�P se dP 1 I al a r- r P i l ig 4 P P r r f r r et, 1r e it 1 ti t L v C r 1 i t i., rt n i t 1E 7 i! er-r i c 1 t nh r s is ri t 1 f 11 a eif C of rre cemowled e receipt of sat- y doc !"P 1 nr+ nciers ar ds i 1 ipolicab e safety and cperat ng ns ruc ion THIS IS AN AGREEMENT READ BOTH SIDES BEFORE SIGNING X Sgna e Date Print Narre Pn"Ta t • ,American Equipment Rental, Inc. ' 1651 NORTH POWERLINE ROAD • POMPANO BEACH FL 33069 1295 °54) 9-1123t6 Miami (305) 870 0520 Miramar (954) 441 5013 Boynton (561) 733 8616 Fax (954) 972 7159 Ft I r Toll Free (888) 441 3195 Website american equip corn Construction Equipment Rentals, Sales, Service & Hardware I - 1 i f-1 1F_ h1 ! Cr1ht; t t ;4 I v� NW FT LEII IE �� tt M E ~ Ti) 1 EY P [SC'i `J_ FULTCr ►�4't CRAhJL►rrr Pi ��E'---- I E( B I SCA f rIL t L PRODUCT # DESCRIPTION Irl( tUICE IN,i !CE DATE i►riTPi=ICT # FAIT yC' I DATE/TIME OUT E LED THRL HONDA GENERATORS ST/HL ECIE111/1 NOV 13 2003 I JAMES A CUMMIN3S INC CORPORATE G C 1t, 11 1, I , PO# R r NIL SITE LLISTOMER TEL PERMS P'JE IN T rS FAGE 1110-1ti81 PRESSURE WASHER SUN / HOS: FaI NOV 07/,00: - 540 MCN NO4 10'_ RENTPL PEgIOD _ 4:0-001 EXTRA S8' PRESSURE a.A5niN H0S FCI NOli 07 - 54AM MON NCY 107003 +.'LY 509, WEEKLY 20 00, 14E33 50 00 ' '0-0,1".: PRESSURE MASHER F t NGJ A L'00,) ��ILr 49 00 WEEKLY 191, 0@ 4 WEEKS kl0 00 :ER# ' 040695 STATUS " 4t 4M RTD DIY(S) 22 46 HOUR 5 7 4t'M RTD RZNTH. CEaTuD L*r :) HOUR to 7 54i-14 M,N NO) 10, _003 7 RTD C %T ;L _De5 ;35LNCU 5 ��►V t kC'+''r�ITRL CEAQGE TOT RENTtiLS 162 00 TOT SPLE" 00 TCT =ER)It cS ECEd\;. NOv H 3 2,1" le s A Curni Etscayne C NOR 1 11 QTY L4IT crocr ► 041 AMOUNT ee 1- 00 15 it0 a,al 14700 1 7` aP T L1TaL r"it E TA( C Vendor # Job/ 11-1 C� t Ca 3 C r 1 Pr's/ 11 A-ourt — OI JL t $ Approved 8 Date -IL 1 75 1x3 75 1146 1-521 C. 6.1 ,ered By T me Date ed Up By T rre Date 1 i+ It Lna9K do \ 11 u ee 1. 1 'Pd je r Le ^t ern II tern s 9nd c hc, rr •=rl n&,d 1 31 01 1 100-)S t n1 t b i f C s n3to ivrt \E p 1 c e a t veth ic4ba ate can ni c r r h h I n-1 r' d nb I 11 t L r d hr ttr c. I/, e- 1 j d bha ha ge to tl e C r knr pdge5 recei a It r i I vperttng nstruction 1 r r rinds alt 1pDlrcibie THIS IS AN AGREEMENT READ 80TH SIDES BEFORE SIGNING Sg at e Date Inc used Prnt Name j pa, let t' IN VOICE INVOICE Priflici 1111.C. TEMPCR,IR t Sri-TINC INC P O Box 181 F L..uderda e FL 33302 Ph (954) 58' 2315 Tali ee 1 8Ctt 400 t5r3 Fax i95s C29C JAMES A CUMMINGS 3575 NW 53RD ST FORT LAUDERDALE FL 33309 CA'E /J8/C3 INVOICE 22642 CUST # Job Site 88 WEST MC INTYRE TICKET NO DATE REFERENCE 151 CA -E -1/G3/G3 t,�!`,�C I C 22642 � T CL1S K PLEASE FiEi.,fi T S S ,E, rf a e P 0 BOX 181 FT LAJDERDar E, FL AMOUNT TICKET NO 154784 11/03/03 Invoice 158290 11/05/03 Invoice 158295 11/05/03 Invoice 154617 11/07/03 Invoice 158229 11/07/03 Invoice 158412 11/07/03 Invoice 158381 11/08/03 Invoice 158382 11/08/03 Invoice 158383 11/08/03 Invoice rrent - 30 Days - 60 Days Br 60 Da,rs RECEIVED NOV 14 2003 James A Cummings, Inc Key Biscayne Civic CenLL, ri t ! ^ 1 3 20003 JAMES A CW1MINGS INC r- n cr-3 r` ^ S T r 234 00 2,281 50 00 00 390 00 68 25 68 25 78 00 78 00 312 00 78 OC 78 OC 78 OC 154784 T 158290 158295 154617 158229 158412 158381 158382 158383 AMOUNT DUE 390 00 68 25 68 25 78 00 78 00 312 00 78 00 78 00 78 00 TOTAL DT -7 1 22'8 E UPON RECEIPT This invoice represents wages and taxes airy I -ill G per annum service charge will assessed on all overdue t. DUE UPON RECEIPT buuljV no9J luewwOAOD l a M sauepioole t1t pautwialdp aq AMU WPM ley) OS JoAoKdw3 �tlllou lsnw ioeiluo0 luawwanoh p aapun se nAjOs 6utpinoad eie OilM sluaq awls eta Aq paiinbei se eouemsul uogesuedwo3 S. 19 o e s lnoJd o • u • SEM • . • • • • o M o I I • suodsaJ mno st Site Address/Con taat r t Company Street Address City Emplo yee Name SS it Name SS Name SS it Name SS tl Name SS$ Name SS 1 State Four (4) hour nimum per ma n per day Please DO NO T advance any mo ney to emplo yees Please give billin g co pies to o ur e mployees 4 C it ► ! 1i I r e For Weekly U se Only MON TUES WED THURS FRI TOTAL HOURS WORKED Custo me r agrees to the terms and conditions set forth on the reverse list employee s have satlsfactonly performed services for the hours shown hereof and certifies that the side apove ` AUTHORIZED SIGNATUR E {{ TITLE AND/OR Owes to Employees r"' t DEPARTMENT Employee Owes Ztp Code Hours To Nearest 1/4 H ow Days nee ded aga in Mon Tues Wed Thur Starting Time Pleas e R fate Our Wo rke rs FxPIIgr1No of Mont rn r,r! Fn Sat F Sun DnA f-1. WIC 1 Nile TEMPORARY STAFFING INC 24 Hour Service 100. Date 7-0.) Job Site Address/Contact Company Street Address Start T e 1 �r--- No of Men --L Cry r_ Ci �. VvL Broward Dade Fax (954) 316 8516 (305) 756 6299 (954) 587 0296 P 0 Number Work Ordered By Job Descnptto nJCode k7 City Stale � � � Zi Code Name SS I Name SS N Name SS M Name SS ti Name SS x Employee //A1( 44 -A1 THURS Fo r Weekly Use Only TUES WED FRI SAT SUN Four (4) hour min imum per man per day TOTAL Please DO NOT advance any money to e mployees HOURS Please give billing copies to our e mployees WO RKED Customer agrees to the terms a nd con ditions set forth on the revers a de hereof and certifies that the list employees have satisfactorily perfo rmed services for the hours shown above AUTHORIZED SIGNATU RE _ ZC e TITLE AND/OR Owes to Employees - DEPARTM ENT V �`j�"'` Employee Owes Hours To Nearest 1/e Hour 8)1 y s Days needed again Mon Tues Wed Starting Time Ple ase Rate Our Wo rkers Excellent PrimeTime TEMPORARY STAFFING INC 24 Hour Service Job Site Address/Contact Company Street Address City Na SS Name SSr THURS SS a Name SS , Name SS ititnal State Zip Code Broward Dade Fax (954) 316 8516 (305) 756 6299 (954) 587 0296 t C ti tt 'i1 GOc/C F or W eekly Use Only Hours To Nearest MON TUES FRI SAT SUN Four (4) hour minimum per man per day Please 00 NOT advanc e any money to employees TOH OUURSRS Please give billing copies to our employees WORKED Customer agrees to the terms and condition s set f orth on the rev erse h er eof and c ertifi es that the list employees have satisfactorily performed services for th e hours shown above AUTHORIZED SIGNATURE TITLE A ND/OR Owes to Employees DEPARTMENT Employee Owes 114 hu ul F Thur Fri Sat No of Men Sun Gooa Poot Days needed a gain Mon Tues Wed Starting Time Thu _ F t Sat Si n 1-'1 BAC i lllle TEMPORARY STAFFING INC 24 Hour Service Dave j► (l 8r ow ard (954) 316 8516 Dade (305) 756 6299 Fax (954) 587 0296 P O Number Worts Order ed By Start Timy Job Site Address/Contact Co mpany INo of Men Job Descnption/Coda Stree t Address / City i i t 1 ( f4-�I c-1 f, 1,2'it-1 State 'V ,lti1-1 '31 / 6Z!42 z y f --r PrimeTime TEMPORARY STAFFING INC 24 Hour Service ('Date Start Time Job Site Address/Contact INo of fMen Company I ''�. CLI Street Address Zip Code City r t Name) SS 1 - Name Employe e,.. . For Weekly Use O nly TUES Ho urs To Nearest 1/4 Moto SS M Name S S rt 4 f Name _-�� 4_ - l, d 1 SS w Name /JO Aver y* PA A.) SS Name SS it WED THURS FRI SAT Four (4) hou r minimu m pe r man per day SUN Please DO NOT advance any money to employees Please give billing copies to our employee s Customer agrees to the terms and co nditions set forth on the reverse side hereof and certifies that the list employees have satisfactorily performed services for the hours shown above AUTHORIZED SIGN ATURE Owes to Employees TOTAL HOURS WORKED TITLE AND/OR D EPARTMENT Employee Owes /I) i-1c fa x t r Days needed aga in Mon // _Tues Starting Time Wed Thur Fri Sat Sun PIPaeP Rip O ur WnrkPr¢ FYrrAllrAnt No of Men Cnnrf Pnnr L,. 8roward (954) 316 B S16 Dade (305) 756 6299 F ax (954) 587 0296 P O Number Work Ordered By State J ob Descnptton/Cocie fw/ /j,,1 /i j I I I( /V(_ 9/ e Zip Code Employee Name SS I Name SS Name SS Name SS 11 Name SS I Name SS a Four (4) hour minimum per man per day Plea se DO NOT advance any m oney to employees Please give billing copies to our employ ees Custome r agrees to the terms and conditio ns set forth on th e revers e e side her eof a nd certifies that th e list e mployees have satisfactorily pert d services for the hours sh For We ekly Use Only ON TUES WED THURS FRI SAT SUN TOTAL HOURS WORKED A Hours To Nearest 114 HO f AUTHORIZED SIGNATURE Owes to Employees Days needed again Mon Sta rting Time Ca- ove TITLE AND/ OR C! �' DEPARTMENT 1411Employee Ow es Tues Wed Thu F Sat NO of Men n INVOICE IA VOICE Pr � TAM? F PO eax t f Pi• (954)5457:- F JAMES A CUMMINGS 3575 NW 53RD ST FORT LAUDERDALE FL 33309 Job Site TICKET NO DATE ATE _1/15/03 W0 ICE 23092 151 -:jjf 7 88 WEST MC INTYRE REFERENCE _A - 11/15/03 _ ;- c — } IN °AiMENr P O BOX 181 FT LAUDERDALE, FL 3330 AMOUNT T I CKE 1 NU AMOUNT ,u ti E ,'. 158456 _. 158457 ''158458 2,58443 158444 158445 158523 158526 158527 158609 158610 158611 158665 158666 158667 11/10/03 11/10/03 11/10/03 11/11/03 11/11/03 11/11/03 11/12/03 11/12/03 11/12/03 11/13/03 11/13/03 11/13/03 11/14/03 11/14/03 11/14/03 srrent 1 - 30 Days t - 60 Days rer 60 Days Invoice Invoice Invoice Invoice Invoice Invoice Invoice Invoice Invoice Invoice Invoice Invoice Invoice Invoice Invoice ' -sN� ONE 3" l N ►V 2 2003 I la J ;ti'FS ,1 CUMMLNGS INC 00 3,373 50 00 00 1 1 78 00 78 00 78 00 78 00 78 OC 78 OC 78 OC 78 00 78 OC 78 OC 78 OC 78 OC 78 00 78 00 78 00 158456 158457 158458 158443 158444 158445 158523 158526 158527 158609 158610 158611 158665 158666 158667 78 00 78 00 78 00 78 00 78 00 78 00 78 00 78 00 78 00 78 00 78 00 78 00 78 00 78 00 78 00 .7 `ti T J��' �A } C LUL3 ( TOTAL DUE 1,170 00 'E UPON RECEIP f lhis invoice represent, w13( -grid taxes alread/ paid a per annum set- 1�C ct 1 ss t ) 1 'I o glue balances DUE UPON RECEIPT Name Fou r (4) ho ur minimu m pe r man per day TOTAL Please DO NO T advance any money to employe es HOURS WO RKED Customer agrees to the terms and conditions set fo rth on the reverse side hereof and certifies that the list employees hav e sa tisfactonly parfod services for the hours shown above TITLE AND/OR SCI DEPARTMENT ^ c) Employe e Owes AUTHORIZED SIGNATUR E Owes to Employees Days needed again Mon uns we d Thur — Fn Sta rting Time Sal Sun o of Men Pno a rs, un • Met n GyroIlor s t" 11u1Li1.1111G TEMPORARY STAFFING INC 24 H our S ervice Site Addre ss/Cont Co mpan y Stre et Addre ss City 158454 State Barnard Dade Fax (954) 316 8516 (305) 756.6299 (954) 587-0296 P 0 Number Watt Ordered By s - Cam i (/1- < ( r (Zip Code SS If Name Fo r Weekly Use Only Hours To Nearest 1/4 Hour TUES SS I SS i< dio4uuj> Name yO-A1/7 kAi U Name SSs< Name SS » WED TH URS FRI SUN Please give billing copies to ou r emplo yees DA" 8h5 tPrimeTime 44 7r 4 _ TEMPORARY STAFFING INC 24 H our Service Stan Time Job See Address/C Company Street Address City Empl oyee Name SS r Name SS N N ame SS Name ` 1 SS • Name SS M N° 158457 7 Please give billing copies to our employees Custo mer agrees to the terms and conditio ns set forth on th e reverses a here o and certifie s that the list e mploye es have satisfactonly pe = d ser vic es f or th e hours sh own abov e AUTHORIZED SIGNATURE TITLE AND/ OR Owes to Employees y� DEPARTME NT Ern . oyee Ow es Stale froward Dade Fax P 0 N umber Work Ordered By Job Desc nptton/code For Weekly Use Only TUES WED THURS FRI SAT SUN (954) 316 8516 (305) 756 6299 (954) 587 0296 s Zip Code H ours To Nearest 1/4 rluu Four (4) hou r minimum p er man per day Please DO NOT advance an mon ey TOTAL. Y to employees HOURS WORKED Days needed•'again Mon Tues S tarting Time Thur F No of Men Sat Sun ti ni r-- 1 1111V 1 tsttl.. TEMPORARY STAFFING INC 24 Hour Service Dale 1 it? ( Job Site Address/Contact Company Stre et Address City Na me SS r Name SS ii Name SS N Name SS Name SS a Name SS it Start Time au N2 158458 No of Men b cb State Broward Dade Fax P 0 Number (854) 316-8516 (305) 756-6299 (954) 587-0296 Work Ordered By Job Desc npson Code . (1, /- STN For Weekly Use Only TUES WED THURS FRI SAT SUN 0 Zip Code Hours To Nearest 1/4 Hour Four (4) hour min imum per man per day Please DO NOT advance any mon ey to employe es TOTAL HOURS Ple ase give billing co pie s to o ur emplo yee s WORKED Customer agre es to the terms and c ondition s s et fo rth on the re ver— se e hereof certifies that the list employees have sa tisfacto nly performed se rvices for the ho urs shown abo ve AUTHORIZED SIGNATUVIE Owes to Employees Daysj)eeded again Mo n Starting Time Please Rate Our Wo kers Exc ellent Tu Em v' TITLE AND/OR DEPA RTMENT loyee Owes Wed ' Thur Fn Sat No of M en Sun Good Po or PriineTjffle TEMPORARY STAFFING INC 24 Hour Service Date w Job Site Address/Contact Company Street Address City Narnft SS e Name SS II SS I Name SS a Name SS N Name SSs N2 158443 No °Wen Stale / Employee I For r1 Fo ur (4) hour minimum per man per day TUES Broward Dade Fax P 0 Number Work Ordered By Job Descnpttont ode (954) 316 8516 (305) 756-6299 (954) 587 0296 A. eekty Use Only THURS FRI SAT SUN TOTAL HOURS Plea se billing Customer agrees to the terms and conditions set forth on th e re verse side hereof and c ertifi es that list employe es have satisfactorily perton„ ed services for the hours shown above �1- th e f , Zip Code Hours To Ne arest 1/4 Hour employees Please DO NOT advance any m oney to e give copies to our employees AUTHORIZED SIGNATU,jtE Owes to Employees Days needed again M on Tues TITLE AND/OR DEPARTMENT Employ ee Owes Wed Thur -- No nt RA., ., p, Start ng Time Fri Sat Sun " 1 . 1 1 1 1 T E M P O R A R Y S T A F F I N G I N C 2 4 H o u r S e r v i c e D a t e S t a n T t l a J o b S i t e A d d r e s s / C o n t a c t C o m p a n y N 2 1 5 8 4 4 4 8 r o w a r d D a d e F a x ( 9 5 4 ) 3 1 6 - 8 5 1 6 ( 3 0 5 ) 7 5 6 - 6 2 9 9 ( 9 5 4 ) 5 8 7 - 0 2 9 6 P O N u m b e r W o r k O r d e r e d B y N o o f M e n ) J o b D e s c n p b o r t J C o d e S t r e e t A d d r e s s C i t y t k P m L S t a l e ) ) C I '