HomeMy Public PortalAbout2004-25 Authorizing Agreement with Post Buckley Schuh and Jernigan, Inc. re: Playing Fields at St. Agnes Catholic ChurchRESOLUTION NO. 2004-25
A CAPITAL PROJECT AUTHORIZING RESOLUTION OF
THE VILLAGE COUNCIL OF THE VILLAGE OF KEY
BISCAYNE, FLORIDA, CONCERNING IMPROVEMENT OF
PLAYING FIELD WHICH IS UTILIZED BY THE VILLAGE
AT THE ST. AGNES CATHOLIC CHURCH; AUTHORIZING
DESIGN AND CONSTRUCTION OF PLAYING FIELD
IMPROVEMENTS; AUTHORIZING CONTRACT BETWEEN
THE VILLAGE AND POST BUCKLEY SCHUH AND
JERNIGAN, INC., FOR DESIGN WORK AND AUTHORIZING
CONTRACT WITH PROTURF, INC. FOR CONSTRUCTION
WORK ON PLAYING FIELD IMPROVEMENTS;
RECOGNIZING DESIGN SERVICES AS EXEMPT FROM
COMPETITIVE BIDDING PURSUANT TO SECTION 2-87(2)
OF THE VILLAGE CODE; WAIVING COMPETITIVE
BIDDING FOR CONSTRUCTION OF IMPROVEMENTS
PURSUANT TO SECTION 2-85 OF THE VILLAGE CODE;
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 the design and for the construction of playing field
improvements (the "Project"), upon lands utilized by the Village pursuant to Agreement with the
Archdiocese of Miami, Inc., a Florida, not for profit corporation, at St. Agnes Catholic Church, as
described in the Village Manager's Memorandum, marked as Exhibit "A" and attached hereto; and
WHEREAS, it is necessary to expeditiously proceed with the design and construction of the
Project; and
WHEREAS, the Village Council finds, upon advice from the Village Attorney, that the
design of the Project, at a cost not to exceed $25,000.00, is exempt from competitive bidding, as a
professional service, pursuant to Section 2-87(2) of the Village Code, and is likewise exempt from
Section 287.055, Florida Statutes, as being under the $25,000.00 threshold of said statute; and
WHEREAS, the Village Council finds, upon advice from the Village Attorney, that
competitive bidding procedures for the construction work may be waived by the Council pursuant
to Village Code Section 2-85 upon the Council finding that it is impractical to apply such
competitive bidding procedures in light of the need to expeditiously complete the playing field
improvements, and that public bidding is not mandated by state law, for this construction project of
a construction cost of not more than $200,000.00; 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, 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. Work Authorized, Specification of Funds. That the design and
construction activities for the playing field improvements (the "Improvements") as described herein
and in Exhibit "A", attached hereto, are hereby approved and authorized, subject to each of the
following conditions:
a. That the fee for professional services for the design of the Improvements
shall not be more than $25,000.00;
b. That the construction costs of the Improvements shall not be more than
$200,000.00;
c. That the fund amount and source for the work items are hereby authorized
and approved as described in Exhibit "A".
d. That the Village obtain an appropriate easement or use agreement for
the playing fields with a term of at least five (5) years.
2
Section 3. Agreement Approved. That the Village Manager is hereby authorized
to enter into agreements with Post Buckley Schuh and Jernigan, Inc., for the design work and with
Proturf, Inc., for the construction work (the "Agreements"), in a form and substance approved by the
Village Attorney, which is consistent with the requirements of this Resolution, and such Agreements
are hereby approved, subject to approval of the Village Attorney as to legal form and sufficiency.
Section 4. Competitive Bidding Waived. That pursuant to Village Code Section 2-85,
competitive bidding procedures of the Village Code are hereby waived for the above -described
construction activities.
Section 5. Implementation. That the Village Manager is hereby authorized to take any
and all action necessary to implement the purposes of this Resolution and the Agreement._
Section 6. Effective Date. That this Resolution shall be effective immediately upon
adoption hereof.
PASSED AND ADOPTED this 1st day of June, 2004.
4A9 (46(4- L----.
MAYOR ROBERT OLDAKOWSKI
CONCHITA H. ALVAREZ, CMC, VILLAG
APPROVED AS TO ORM AND LEGAL S
VILLAGE A 0
103.001/Resolutions/Alternate :!u! . - ements of playing field leased from St. Agnes Church 5.27.04
3
Exthiblt A
General Sitewor k
Clear and grub field to remove existing sod
Soccer Fisk
Rolf and compact grade
Import fill material to raise
Grade field to final grade to receive new top soil sand mix
Bermuda 419 Sod shall be planted on the entire areas of the field (Sod
maintenance and cutting for a 30 -day period is included )
The field will be fully rmgated
Water service for imgaton will be a 2 brie tapped into the City Mains and fitted
with a 2 backflow preventer and water meter
Drainage shall be Catch Basins and French Drains
Rev. 10/00
Public Client
PROFESSIONAL SERVICE AGREEMENT
THIS AGREEMENT, made and entered into June 15, 2004 , by and between Post, Buckley, Schuh & Jernigan, Inc.
(PBS&J) and the Client identified herein, provides for the Professional Services described under Item 2 of this
Agreement.
CLIENT:
PHONE NUMBER: (305) 365-8901
Village of Key Biscayne FAX NUMBER: (305) 365-8991
ADDRESS: 88 West McIntyre Street
Key Biscayne. FL 33149
PROJECT NUMBER: 01-1530.00
SHORT TITLE: St. Agnes Soccer Field
CONTACT PERSON: Todd Hofferberth
1. DESCRIPTION OF PROJECT SITE:
WesI250 feet, Tract 'C', 4th Addition to Tropical Isles Homes Subdivision, PB 53, Pg 39 Miami -Dade County Records
2. SCOPE OF SERVICES TO BE PROVIDED BY PBS&J
(If additional pages are necessary, they are identified as Attachment A):
See Attached proposal dated June 8, 2004.
3. THE COMPENSATION TO BE PAID PBS&J for providing the requested services shall be
(If additional pages are necessary, they are identified as Attachment B):
o
I
Direct personnel expense plus a surcharge of %, plus reimbursable costs.*
A Lump -Sum charge of $ 9,700 , plus out-of-pocket expenses.*
Unit CostlTime Charges identified in Attachment B, plus reimbursable costs.*
❑ Other - See Attachment B.
* See explanation under Item 5 below.
4. IF PBS&J's SERVICES UNDER THIS AGREEMENT ARE DELAYED for reasons beyond
PBS&J's control, the time of performance shall be adjusted appropriately. Except where the
services provided are under a continuous service contract for more than one year, if the services
under this Agreement are delayed for a period of more than one (1) year from the beginning date
(as above provided), the fees shall be subject to renegotiation; any change in such fees shall
apply only to the unfinished services as of the effective date of such change.
IN WITNESS WHEREOF, this Agreement is accepted on the date written above and subject to the terms and conditions set
forth above. (SIGN WITH BALL POINT PEN)
CLIENT: POST, B
SIGNED: - � � SIGNED:
TYP . ► ME. TYPED NAME: Roberto. S. Ortiz, P.E.
T_
DATE: DATE: 6 -/-4-.0 I
TITLE: Vice President
Distribution: Copy 1 - PBS&J; Copy 2 - Client; Copy 3 - PBS&J Accounting
Public Client Rev. 10/00
5. COMPENSATION: Direct personnel expense shall be defined as: the cost of salaries and fringe benefit costs related to vacation, holiday, and sick leave pay; contributions
for Social Security, Workers' Compensation Insurance, retirement benefits, and medical and insurance benefits; unemployment and payroll taxes; and other allowed benefi*�
of those employees directly engaged in the performance of the requested service.
Reimbursable costs indude: fees of Professional Associates (whose expertise is required to complete the project) and out-of-pocket expenses, the cost of which shall be
charged at actual costs plus an administrative charge of 18% and shall be itemized and included in the invoice.
Typical out-of-pocket expenses shall indude, but not be limited to, travel expenses (lodging, meals, etc.), job -related mileage at the prevailing Company rate, long distance
telephone calls, courier, printing and reproduction costs, and survey supplies and materials. In the event the requested service involves the use of electronic measuring
equipment, computers, plotters, and other special equipment such as boats, swamp buggies, etc., an additional direct charge shall be made for the use of this equipment.
It is understood and agreed that PBS&J's services under this Agreement are limited to those described in Item 2 hereof (and Attachment A, if applicable) and do not indude
participation in or control over the operation of any aspect of the project. Compensation under this Agreement does not include any amount for participating in or controlling
any such operation.
6. INVOICE PROCEDURES AND PAYMENT: PBS&J shall submit invoices to the Client for work accomplished during each calendar month. For services provided on a Lump
Sum basis, the amount of each monthly invoice shall be determined on the "percentage of completion method" whereby PBS&J will estimate the percentage of the total work
(provided on a Lump Sum basis) accomplished during the invoicing period. Monthly invoices shall indude, separately listed, any charges for services for which time charges
and/or unit costs shall apply. Such invoices shall also indude, separately listed, any charges for Professional Associates and reimbursable costs. Such invoices shall be
submitted by PBS&J as soon as possible after the end of the month in which the work was accomplished and shall be due and payable by the client upon receipt.
The Client, as owner or authorized agent for the owner, hereby agrees that payment as provided herein will be made for said work within 30 days from the date the invoice
for same is mailed to the Client at the address set out herein or is otherwise delivered, and, in default of such payment, hereby agrees to pay all costs of collection, induding
reasonable attorney's fees, regardless of whether legal action is initiated. The Client hereby acknowledges that unpaid invoices shall accrue interest at the maximum retailed
by law after they have been outstanding for over 30 days. PBS&J reserves the right to suspend all services on the Client's project without notice if an invoice remains unpaid
45 days after date of invoice. This suspension shall remain in effect until all unpaid invoices are paid in full.
It is understood and agreed that PBS&J's services under this Agreement do not include participation, whatsoever, in any litigation. Should such services be required, a
supplemental Agreement may be negotiated between the Client and PBS&J describing the services desired and providing a basis for compensation to PBS&J.
7. COST ESTIMATES: Client hereby acknowledges that PBS&J cannot warrant that any cost estimates provided by PBS&J will not vary from actual costs incurred by the
Client.
8. LIMIT OF LIABILITY: The limit of liability of PBS&J to the Client for any cause or combination of causes shall be, in total amount, limited to the fees paid under this
Agreement.
9. CONSTRUCTION SERVICES: If, under this Agreement, professional services are provided during the construction phase of the project, PBS&J shall not be responsible
for or have control over means, methods, techniques, sequences, or procedures, or for safety precautions and programs in connection with the Work; nor shall PBS&J be
responsible for the Contractor's failure to carry out the Work in accordance with the Contract Documents or for the Contractor's failure to comply with applicable laws,
ordinances, rules or regulations.
10. INSURANCE: PBS&J shall at all times carry Workers' Compensation insurance as required by statute; commercial general liability insurance including bodily injury and
property damage; automobile liability coverage; and professional liability coverage. Insurance certificates will be provided to the Client upon request. Client agrees to red?
that PBS&J be named as an additional insured on insurance coverages provided by contractors on the project.
11. ASSIGNMENT: Neither the Client nor PBS&J will assign or transfer its interest in this Agreement without the written consent of the other.
12. SUSPENSION, TERMINATION, CANCELLATION OR ABANDONMENT: In the event the project described in Attachment A, or the services of PBS&J called for under this
Agreement, is/are suspended, cancelled, terminated or abandoned by the Client, PBS&J shall be given seven (7) days prior written notice of such action and shall be
compensated for the professional services provided up to the date of suspension, termination, cancellation or abandonment in accordance with the provisions of this
Agreement for all work performed up to the date of suspension, termination, cancellation or abandonment, including reimbursable expenses.
13. ENTIRETY OF AGREEMENT: This writing, including attachments and addenda, if any, embodies the entire agreement and understanding between the parties hereto, and
there are no other agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. No
alteration, change or modification of the terms of this Agreement shall be valid unless made in writing signed by both parties hereto.
14. DOCUMENTS: Any reuse by the client or others of documents and plans that result from PBS&J's services under this agreement shall be at the Client's or others' sole risk
without liability to PBS&J.
15. WAIVER: Any failure by PBS&J to require strict compliance with any provision of this contract shall not be construed as a waiver of such provision, and PBS&J may
subsequently require strict compliance at any time, notwithstanding any prior failure to do so.
16. DISPUTE RESOLUTION: If a dispute arises out of or relates to this Agreement or the breach thereof, the parties will attempt to settle the matter between themselves. If no
agreement can be reached the parties agree to use mediation with a mutually agreed upon mediator before resorting to a judicial forum. The cost of a third party mediator will
be shared equally by the parties.' In the event of litigation, the prevailing party will be entitled to reimbursement of all reasonable costs and attorneys' fees. The parties
mutually agree that a similar dispute resolution clause will be contained in all other contracts executed by Client concerning or related to this contract and all subcontracts
executed by PBS&J.
17. HAZARDOUS WASTE, MATERIALS OR SUBSTANCES: Unless otherwise specifically provided in this Agreement, PBS&J shall not be responsible for or have control over
the discovery, presence, handling, removal, transport or disposal of hazardous waste, materials or substances in any form on the project site.
18. GOVERNING LAW: This Agreement shall be governed by and construed according to the laws of the State where the situs of the work is located.
19. LIMITED COPYRIGHT LICENSE: PBS&J grants Client a paid -up, non -transferable, non-exclusive license to make or have made copies of any copyrightable
materials delivered under this Agreement and specifically marked by PBS&J as "Reproduction Authorized".
20. INTELLECTUAL PROPERTY: With the sole exception of specifically marked reproducible materials subject to the Limited Copyright License herein, all worldwide right, title
and interest in and to any and all Intellectual Property conceived, invented, authored or otherwise made by or on this Agreement shall remain the sole and exclusive property
of PBS&J, its successors and assigns unless licensed or assigned by PBS&J pursuant to a separate written instrument. The term "Intellectual Property shall be construed
broadly to indude all forms of intellectual property including without limitation all inventions, discoveries, designs, plans, improvements, trademarks, service marks and
copyrights in drawings, computer programs, architectural works and in all other original works of authorship.
ATTACHMENT- Scope of Services
ATTACHMENT B -Compensation
ADDENDA A (if required)
NEI
An employee -owned company
Transmitted Via: U.S. Mail/Facsimile
June 8, 2004
Mr. Todd Hofferberth
Director, Department of Parks and Recreation
Village of Key Biscayne
88 West McIntyre Street
Key Biscayne, FL 33149
RE: St. Agnes Soccer Field Proposal
File: 886ES01.00 #1
Dear Mr. Hofferberth:
As per your request we are submitting our scope and fee proposal to provide Professional Services
for the preparation of plans and permitting associated with the re -grading, sodding and irrigation of
the soccer field at St. Agnes School.
Based on the information you have provided, we understand that the project will include:
• Clearing, grubbing and compaction of field
• Fill material to raise grade a maximum of 11 -inches
• New top soil 40/60 sand mix and Bermuda 419 sod
• Installation of irrigation system and connection to County water main
• Drainage system
PBS&J will review the site and existing conditions such as existing irrigation systems, vegetation,
drainage patterns, access and current use patterns.
The proposed turf and irrigation systems will be coordinated with maintenance staff such that
installed systems meet Village requirements.
PBS&J will prepare grading, drainage and irrigation plans for the project. It is anticipated that 3
sheets will be required. Required specifications will be provided on the plans in the form of notes.
PBS&J will coordinate fire hydrant flow test to be conducted by the fire department. The Village will
pay the required fee for the flow test. PBS&J, through a geotechnical subconsultant, will conduct
2001 Northwest 107th Avenue, Miami, Florida 33172-2507 • Telephone (305) 592-7275 • www.pbsj.com
Mr. Todd Hofferberth
Village of Key Biscayne
Page 2
June 8, 2004
percolation test at the site necessary for the design of the proposed drainage system.
PBS&J will prepare permit application on behalf or the Village and submit the permit package to the
Miami -Dade Department of Environmental Resources Management (DERM) for review and
approval of the proposed drainage system. PBS&J will also prepare necessary permit applications
for the tie-in to the existing water main. It is anticipated that this will include review by the
Department of Health, DERM and the Miami -Dade Water and Sewer Department.
It is assumed that an electronic site survey showing existing legal boundaries, easements, utilities,
structures and trees will be provided by the Village. It is also assumed that no trees will be removed
as part of this project.
Deliverables
Plans 5 Copies
Permits 1 Copy
Schedule and Budget
Schedule
PBS&J will provide plans for permitting within 3 weeks of receiving Notice to Proceed assuming
that the Fire Department will conduct fire hydrant test within 1 week of request. Every effort will be
made to expedite the permitting process, but the time required for the permitting process is
dependent on the permitting agencies review time. PBS&J estimates that construction will take
approximately 5 weeks. Since the sod needs to rest for 30 days after construction, PBS&J feels that
the mid -August target completion date for a usable field is not realistic.
Budget
PBS&J is proposing a lump sum fee of $9,700 to complete the work as described herein. This fee
includes one coordination meeting with Village staff.
Exceptions
• Any application or review fees associated with permits required for the work
• Construction Cost Estimate
K\Env\Wm\KEYBISC1st agnes\st apes proposal.doc
Mr. Todd Hofferberth
Village of Key Biscayne
Page 3
June 8, 2004
• Any services beyond permitting phase
We appreciate the opportunity to submit this proposal, and look forward to working with the
Village on this project. If you have any questions, please call me at (305) 514-3218.
Sincerely,
PBS&J
(A.,
0 Patricia A. Carney, P.E.
Program Manager
Water I Wastewater Program
PAC/jrg
K0Env\WmmKEYB1SOst agncs\st agues proposal.doc