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HomeMy Public PortalAbout2003 AllRESOLUTION NO 2003 43 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING RESOLUTION 2003-28 WHICH HAD REVISED THE EXEMPTION FROM NOISE REGULATIONS FOR THE VILLAGE'S CIVIC CENTER PROJECT PURSUANT TO SECTION 17-5(B)(2) OF CHAPTER 17 "NOISE" OF THE VILLAGE CODE, SO AS TO MODIFY THE CONDITIONS OF SUCH EXEMPTION FOR THE CONSTRUCTION OF THE FIRST AND SECOND LEVELS OF THE CONCRETE SUPERSTRUCTURE OF THE COMMUNITY CENTER, PROVIDING FOR EFFECTIVE DATE WHEREAS the Village Council desires to revise the provisions of Resolution No 2003 28 which had previously revised the limited exemption from noise regulations for the Village s Civic Center Project as authorized by Section 17 5(b)(2) of the Village Code as provided herein and WHEREAS the Village Council has held a public hearing pnor to the adoption of this Resolution. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS Section 1 That Section 1 ofResolution No 2003 28 is hereby amended to read as follows' A Exemption That pursuant to Section 17 5(b)(2) of the Village Code the regulations of Chapter 17 Noise of the Village Code shall not be applicable to or enforced agamst the Village Civic Center Project (the Project') from the date of issuance of the notice to proceed for any component of the Project until the completion and final acceptance of the entire Project, subject to compliance with each of the following conditions 1 Construction activities are not permitted on Sundays or Holidays 2 The creation of loud or excessive noise for the Project is permitted on Saturdays between 9 00 a m. and 7 00 p m and Monday through Friday between the hours of 7 00 a m to 7 00 p m Loud or excessive noise during hours not fisted in this subsection is prohibited Underlined text indicates addition to provisions of Section 1 of Resolution No 2003 28 3 Construction activities for the Pmject are conducted in a manner which mitigates any adverse impact of noise upon properties adjacent to the area of construction in compliance with any noise mitigation measures required by the Village's building official 4 The construction of the Project complies with building permit conditions The conditions provided above in paragraphs 1 4 inclusive shall not be applicable to the pouring and installation of the concrete for the basement level or to the construction of the concrete superstructure for the first and second levels of the Community Center component of the Project B Revocation of Exemption The exemption shall be revoked by the Village Manager after five days notice and an opportunity to be heard is provided to the contractor for the Project if 1 The Project contractor fails to comply with the conditions set forth in (A) above or promptly fads to abate any incident of non-compliance as directed by the Village Manager or 2 The Village Manager finds that the construction activities may tend to create a nuisance by unreasonably disturbing the occupants of other premises if the exemption is continued C Violation Any violation of the conditions of this Resolution shall cause a waiver of ti m exemption provided by this Resolution and shall constitute a violation of Chapter 17 of the Village Co& J Section 2, Effective Date That this Resolution shall be effective immediately from and after adoption hereof and shall serve to amend Resolution No 2003 28 as indicated heremabove PASSED AND ADOPTED this 10th day of December 2003 CONC TA H ALVAREZ CMC, VILLAGE CLE APPROVED AS T•\, ORM AND LEGAL SUFFICIE VILLAGE A 103001\resoluno s\n w ve on ced ngno se solution n 2003 28 2 MAYOR ROBERT OLDAKOWSKI RESOLUTION NO 2003-42 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING A STUDY OF THE ZONING ALONG THE CRANDON BOULEVARD CORRIDOR, AS DEPICTED IN EXHIBIT A ATTACHED HERETO, PROVIDING FOR THE MANAGER TO IMPLEMENT THIS RESOLUTION, AND PROVIDING FOR EFFECTIVE DATE WHEREAS t he Village Council the Village of Key Biscayne ( Village Council ) has determined that a study should be conducted of lands that are zoned for office commercial and hotel uses along the Crandon Boulevard Corridor as depicted in Exhibit A attached hereto (the Corridor ) and WHEREAS the Village Council desires to authonze and descnbe the scope of the study of zonmg of properties along Crandon Boulevard and WHEREAS the Village Council finds that it is m the best interest of the Village to proceed as indicated m 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 Study Author ed That the Village shall conduct a study of the zoning for commercial office and hotel uses along the Crandon Boulevard Corridor for the purpose of determining the infrastructure impacts of existing and future development allowable under the existmg commercial office and hotel zoning along the Condor The study specifically shall review the cumulative impacts of allowable development along the Comdor on its transportation and other infrastructure capacity I t shall r eview t he existing Levels o f S ervice (LOS) on the C omdor including the LOS at each intersection along the Corridor and the respective LOS that will occur if properties along the Comdor are developed to their maximum potential under current zoning regulations The study shall provide recommendations to the Village Council for any necessary or appropriate zomng changes to the lands along the Corridor The study should be completed within sixty (60) days of the effective date of this Resolution Section 3 Implementation That the Village Manager is hereby authorized to take any and all action necessary to implement the purposes of this Resolution. Section 4 Effective Date That this resolution shall become effective upon its adoption PASSED AND ADOPTED this 2nd day of December 2003 %O&(, L�.- MAYOR ROBERT OLDAKOWSKI 17,/ -as, HITA H ALVAREZ CMC VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIEN 0 SIIlan Parka EXHIBIT "A" CRANDON BOULEVARD CORRIDOR Properties within the 0 are affected by this ordinance By Bay Pant th us map is not to scale 119: 31'12M 1 Map prepared by th Key Biscayne Building, Zoning, & Planning Department z12011 12`Q E -UM UM AI III AM ED RE 3 ■i1■ as. 12 SSE `EM-IIL ' <M h III EE■ ■ :911 o ' I jf orpaJEE 111111 Qum _]n BIIBaggsC p Fiend State Reclean Area d0ana Ocean RESOLUTION NO 2003 41 A CAPITAL PROJECT AUTHORIZING RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, CONCERNING THE COMMUNITY CENTER COMPONENT OF THE VILLAGE OF KEY BISCAYNE CIVIC CENTER PROJECT, AUTHORIZING CONSTRUCTION EXPENSE ITEMS DESCRIBED HEREIN, AUTHORIZING AMENDMENT N 0 13 T 0 A GREEMENT 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 construction items for the Community Center component of 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 authonzed herein and WHEREAS the Village Council finds that it is in the best interest of the Village to proceed as indicated m 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 m Amendment No 13 and m 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 descnbed m Exhibit A Section 3 Amendment To Agreement Approved T hat A mendment N o 13 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 m 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 2nd day of December , 2003 /0 ((talk Cwt CHITA H ALVAREZ CMC VILLAG APPROVED AS TO FORM AND LEGAL SUFFI VILLAGE ATTO F\103001utesolut o \auth,'T': nstruc0onexpe se items 11 503 2 MAYOR ROBERT OLDAKOWSKI 0 0 0 AMENDMENT TO AGREEMENT BETWEEN OWNER AND CONSTRUCTION MANAGER PROJECT NO VKB 98069000 PROJECT NAME AND LOCATION Village Community Center (Recreation Center) Village Fire Station Police Station and Administrative Office of the Village of Key Biscayne Florida (the Project' ) AMENDMENT NUMBER #13 (Work and Tune Associated with Construction Schedule Impacts for the Village Community Center ) THIS AMENDMENT made this 30th Day of October 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 (the ' Construction Manager') Federal Tax I D Number 59-2098732 WHEREAS the Owner (as a direct signatory and through its former agent, the Department of Management Services of the State of Flonda (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 8,91011and 12 WHEREAS it is now necessary to revise the Agreement to include Work and Time Associated with Construction Schedule Impacts for the Village Community Center 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 and Time Associated with the Construction Schedule Impacts 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 Maxnnum Price (GMP) for construction of Project VKB 98069000 Village Community Center, Village Fire Station Village LI Police Station, and Administrative Office of the Village as defined m Article 7 1 of sand Agreement shall be $21,777 206 59 (which includes the $327,744 00 GMP for the Work and Time Associated with Construction Schedule Impacts for the Village Community Center as fisted below in item 2 a for the Village Fire Rescue Pohce and Administration and Community Center Buildings ) (2) Drawings and Other Supporting 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 and 12) to the Agreement, the Guaranteed Maximum Price (GMP) for construction of the Project is based upon the following drawings and other supporting documents (3) a. Proposal #R -15C to the Village of Key Biscayne from James A Cummings Inc dated October 27 2003 mdicatmg Construction Schedule Impacts and a Revised Final Completion Date of October 9 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 1 ' b The revised Project Budget which is attached hereto as Exhibit' 13 ' 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 and Tune Associated with Construction Schedule Impacts for the Village Community Center in the amount of $327,744 00 and establishment of the GMP for the Project of $21,777,206 59 This Amendment constitutes an accord satisfaction and final settlement of all Work and Time Associated with Construction Schedule Impacts for the Village Community Center as to any matter cost or expense arising or occurring pnor to issuance of Field Change Order No 3 on September 8 2003 (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 0 0 0 IN WITNESS WHEREOF the parties have executed this Amendment the day and year first written above JAMES A CUMMINGS, INC Attest By ii."w•-&-t a_ %<Gt-(-c.; Corporate Secretary Witnessed By (pnnt name) By Ade— NliN�,3 LA Ke (print name Byt\1 IL Will Derrer Corporate PrVAesident James A. Cummings Inc VILLAGE OF KEY BISCAYNE Approved as to form and legal sufficiency By Village Attorney 1030011agreements\amendment to agreement between owner and construction manager (Corporate Seal) i EXHIBIT 3 SKYLINE MANAGEMENT GROUP EQEM Description 6 Amendment 12 Amendmentl0 18 Amendment 11 14 Amendment12 17 Future Amendment 23 Future Amendment 24 Future Amendment 31 Professbnal Fees 32 Professional Fees 33 P.uL..mA..wA Fees 34 Co nstmclon Program Manager 35 Consbuction Program Manager 36 Environmental Consultant 37 Testing /Threshold Inspection 38 F&Wres Fund:are, Equipment VILLAGE of KEY BISCAYNE ROMs CMC CENTER PROJECT 1Project CostSummary Community Center Scene Cod CammunlyCenterBuildng Community Center Misc. Modifications Community Cente Additional Sheet Piling Community Center Recharge vewaterng System Camnurdly Center Redesign CommuhtiyCenterG.0 Delay Cost Community Center Delay Addnt Builders Frisk Ina Community Center Odfl S Design Community Center Redesign Community denterBrno Extension Cammunfy Center Representation Community Center Additional SnvelTime Extension CommunityCenter Gmund WaterContamnallon Community Confer Community Center S 9.818670 S 40,043 S 56.266 i 81728 S 396,483 S 027144 $ 84 793 i 499,500 S 233,655 S .es600 E 200,000 $ 120000 S 27%000 $ 166,000 i 650000 'TOTAL COMMUNITY CENTER COST 13,033881 Status Approved Pending October 21.t003 Commends AddedValue Pending Impact Cost Pending Impact Cost Pending Added Velue Pending ilsdiast Pending nears Cod Actual Cost Actual Cost Estimated 6xpense' knead Cost Mud Cost Estimated Expense Impact Cost Estmalad Expense.. Tint act Cost Estimatd Expense Estimated Expense Added Value 0 0 0 r r^� EXHIBIT B OWNER'S CONSTRUCTION BUDGET ITEM DESCRIPTION CONSTRUCTION BUDGET CONSTRUCTION MANAGER S PRECONSTRUCTION PHASE FEE 5113 190 00 SUBTOTAL OWNER S TOTAL ?RECONSTRUCTION PHASE FEE $113 190 00 VILLAGE FIRE RESCUE DEPAR & ADMINISTRATION AND POLICE FACILITY CONSTRUCTION MANAGER S CONSTRUCTION PHASE FEE $527 392 00 CONSTRUCTION MANAGERS OVERHEAD & PROFIT 5457 223 00 CONSTRUCTION BUDGET BALANCE S9 878 355 00 AMENDMENT NO 09 - OWNER REQUESTED CHANGES 5232 893 00 SUBTOTAL CONSTRUCTION COSTS 511 095 863 00 ANTICIPA 1 bD OWNER SALES TAX SAVINGS (5159 266 00) SUBTOTAL 510 936 597 00 OWNER S CONTINGENCY 52'6 924 00 OWNER S GMP BUDGET FIRE RESCUE & ADMINISTRATION/POLICE 51L193,521 00 OWNER 5 CONSTRUCTION BUDGET FIRE RESCUE & ADMINISTRATION/POLICE WITH PRECONSTRUCTION FEE _ 511306,71L00 VILLAGE CIVIC CENTER SITE & SITE INFRASTRUCTURE WORK ELECTRICAL DUCT BANK AND WATER MAIN CONSTRUCTION MANAGER S CONSTRUCTION PHASE FEE 5119226 00 CONSTRUCTION MANAGER S OVERHEAD & PROFIT 534 521 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 S11 E & SITE INFRASTRUCTURE WORK PHASES 1. 2. 3 & 5 (INCLUDING STATE SCHOOL Fr SANITARY SEWER FORCE MAIN) CONSTRUCTION MANAGERS CONSTRUCTION PHASE FEE 562 630 00 CONSTRUCTION MANAGERS OVERHEAD & PROFIT 567 483 00 CONSTRUCTION BUDGET BALANCE 31 459 01 1 00 OWNER S CONSTRUCTION BUDGET VI LACE CIVIC CENTER SITE & SITE INFRASTRUCTURE WORK 51.589.124 00 VILLAGE COMMUNITY CENTER (RECREATION CENTER) CONSTRUCTION MANAGER S CONSTRUCTION PHASE FEE $771 920 00 CONSTRUCTION MANAGER 5 OVERHEAD & PROFIT $425 69100 CONSTRUCTION BUDGET BALANCE _ 59 141302 00 OWNER S CONSTRUCTION BUDGET VA.1 AGE COMMUNITY CENTER (RECREATION CENTER) 510,338,913 00 EXHIBIT B (cont'd ) OWNER S CONSTRUCTION BUDGET OWNER CHANGE ORDERS OWNER CHANGE ORDER NO 1 (S1 140 899 62) OWNERCHANGE ORDER NO 2 (SI 118 301 79) SUBTOTAL OWNER S CHANGE ORDERS (52.239.201 41) OWNER S TOTAL CONSTRUCTION BUDGET (ALL PHASES) $21 777,20639 0 0 0 wizufz003 1! 30 31973/3LbZU F.Y1-114t.MGMI bNUUF Oct 30 03 02 00p gey Biscayne Cxvic Center 3053615647 PAGE B1 P fir1-1 1. c dconnoc s Webote 1 1 1 1) 1 1 1 wowismesacumrr ngs core Jemas A. Cummings in( 3575 Northwest 53rd Stree Fort Lauderdale FL 33309 Prone 954-733-4211 Far 954465-9698 r+ October 27 2003 SKYLINE MANAGEMENT GROUP INC 88 West McIntyre Street Key Biscayne, FL 33149 ATTN Mr Paul Abbott, Project Director RE KEY BISCAYNE CIVIC CENTER— COMMUNITY CENTER REQUEST FOR CHANGE ORDER REVISED PROPOSAL R ISC COMMUNITY CENTER IMPACTS TRANSMITTED VIA FAX (305) 573 2620 Dear Mr Abbott, Due to impacts beyond the control of James A Cummings, Inc regarding the construction of the vdlageof Key Biscayne Community Center an additive change order rn the amount of 5327 744 and a. tune extension of 194 Calendar days is required Please see attached summary form and subcontractor quotations for a recapitulation of this amount At the request of the Village of Key Biscayne Builders Risk Insurance (584,793) is not included in this change order request The current Builders Risk Insurance Policy for the Community Center (Amendnem No 5) portion ofthe Village of Key Biscayne Civic Center Project expires in May 2004 The unpacts of the Work preceding tors change order request are limited to the Community Center as delineated in James A Cummings, Inc correspondence dated December 3 2002 January 28, 2003 May 5 2003 June 6, 2003 and Village of Key Biscayne correspondence dated February 27 2003 W. Pursuant to Articles 10 and 16 of the Agreement Between the Owner and the Construction Manager this dwr request for time extension of 194 Calendar Days establishes a revised Final Completion Date of October 9adlemen 2004 ferrite Community Center (Amendment No 5) portion of the Village of Key Biscayne Civic Center Project 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 Review & Approved MMINGS, INC S NAGEMENT GROUP, INC. Io•W o3 Abbott VKB/SMO Project Director Rick Dever JAC !Ern Squtlla JAC G4 erlstsL►SF442.4. Aitte ssnott) asteurJ S ghre sit- AIL 7h, t case i S I LI*rtsets { „r "via wain gliVic3" Cow. M tni rev1 i Jaynes A Cummings Inc Proposal Summary Form Village of Key Biscayne R 15C Community Center Schedule Impacts (Revised) I SECTION DESCRIPTION OF WORK LABOR MATER AL SUBCONTRACT 01 JAMES A CUMMINGS INC Construction Phase Extension -(139 Working Days) 1 $207465 This Extension in Construction Phase Includes a Time Extension of 194 Calendar Days and Establishes a Revised Final Completion Date for the Community Center of October 9 2003 Builders Risk Extension ($84793 -Not Included at the Request of the Village of Key Biscayne) 02 HJ FOUNDATION Rental of Sheet Piling Additional (137 Calander Days) ($192 15/Per Day) $26 3251 03 FORMWORKS INC 1 General Conditions & Matenals Increase ($31 594) $15 797J Direct Costs Venders/Suppliers ($37 299) $18 6501 Griffin Dewatenng Equip Rental (137 Calendar Days) ($369/Per Day) $50 5531 16 FISK ELECTRIC CO i GeneratConditions ($17 907) $8 954; SUBTOTAL LABOR BURDEN SALES TAX SUBTOTAL TOTAL OVERHEAD (4 5%) SUBTOTAL PROFIT (Included in Overhead above) SUBTOTAL BOND TOTAL 10/30/2003 JAMES A CUMMINGS INC $0 $o $327 744 $0 00 $0 $o $0 $327 744 4327 744 N/A 1 $327 7441 N/A $327 744 1 N/A $327 7441 0 ti"_ 0 FOUNDATION Octobl r 15 2003 James A. Cummings Inc 3575 A W 53`i Street Ft Lat derdale, FL 33309 Attentt m Subject Gentler len Mr Alexander Smith, Jr Key Biscayne Tennis Center Steel Sheet Piling Rental r Ja - t 1r Key , U3 e - The ste _I sheet piling for the above -referenced project was rented for 137 calendar days 4 % mo rubs beyond the contract rental penod We request a change order at the subcontract unit rate of $5,850 per month a total of $26,325 for this additional rental Thank I ou for your attention to this matter Very to ly yours HJ FOL NDATION,, C Edwin `7 Hickey President EWH/rg 7,EaieuteaPrtnatlaAN1Kay B ayn Am. Cc ¢110150JUr.da Form Works, Inc Key Biscayne Community Center Summary of Damages for Contaminated Soils Delay REV I Project Mgr / Engr 12 Days Supenntenderit 4 Days SUBTOTAL Taxes & Insurance - field GC Labor $1 920 T&I Mains Office Trailer Storage trailer Safety Equipment & Expendables Trucks / Vehicles (2) Travel-MMse-J Tells MO MO MO Day., Rental Rate Difference *Mall Panels 2 MO from FWI owned to Outside Rental (See attached BreakdpWn) Decking Materials Increase 1 LS Including Plywood and Lumber (See attached Breakdown) SUBTOTAL �FWI 15° Overhead & Profit 1 enci Promium 6ff - 3420 00 $480 00 41 68% 3116 09 $18318 $250.00 eeea M 326 00 0 $5 040 00 $1 920 00' $6 960 00 $800 26 $52? 18 3824 31 3125 00 34.16 00 31 070 92 32 141 84 316 100 00 $16 100 00 0 27,'t $4 232 22 it i 2 $227 13 0 Page 1 of 2 = lk I Si - c L7-9 Direct Cost - Delays 94 Days/137 Calendar Days 4124103 - 5/1103 _ KA Lumber Reinforcing Pnce Increase Original $ 77 000 versus $ 98 216 (See Attached Quotes tax excluded) Suncoast Post Tension Cable Original $ 25 100 versus $ 32 900 Bar Supports Original $ 5 900 versus $ 6 600 (See Attached Quotes tax included) Griffin Dewatenng Standby (137 days are calendar days for 94 working days) 21.2 7 800 00 $700 00 137 DAYS $369 00► $50 553 00 Subtotal $80 269 00 FWI 15% Overhead & Profi 57,582 95 Total Direct Costs - 4124103 - 51*103 517,351.995 TOTAL REA rt cz w:1;715 l <1- itorS0 —a Page 2of2 C..," ref/. 1%t' J f LA 344.41.Q rm rl UK1rF IN DE- +TEF G bJF_ Fa ti0 S49E05..�� Or 0' 20c: 07, 2' 0 FORMWORKS 4951 S W 34rr:PLACE FT LAUDERDALE FLORIDA 33314 ATTENTION STEVE BINFORD SUBJECT EQUIPMENT STANDBYRENTAL RATE KEYBiSCA\NE RECREATIONAL CENTER Dear Steve GRIFFIN Gnt 0 water+g3 Ib Fc d L 1321 V N 130Avq Pompa c Bea -r Fiona 330 Phalle (9,098988 4 Fax ilia 9699 7 10 7-03 The monthly rental rate established to our mine agreement for usage of the dewatenng system after the first.60 days of on line usage is $500 + tax The standby rate for dewatermg system during its downtune at the Key Biscayne Project is 5369 50+ tax (or 74% of its cost during usagepertods) Dates for this charge are 4 28 03 through 9 9 03 and the dewatenng system was re activated for its normal usage on 9 10-03 Please all us should you have questions Very Truly Yours ,/,/,‘,/,7 David Handy / 0 FISK 1012) N 6Y 116'h %%as Suitt 14 Oat,. 9 08 03 Mtamt FL 3.> 178 305 870 0988 Office 305 870 01)4 Fax JAMES A CUMMINGS, INC 3575 NW 53rd ST FT LAUDERDALE FL 33309 ATTEN ALEX SMITH PROJECT KEY BISCAYNE REC CENTER SUBJECT COSTS FOR JOB DELAY DEAR SIR Per your request we hereby submit to you the following request for equitable adjustment to our contract for the time extension incurred on this contract As you know, the job has been delayed five and a half months in startup, due to this Fisk Electric Co has incurred significant additional expenses Which it would not have incurred these extra costs if the Project had not been delayed Therefore Fisk Electric believes it is entitled to an equitable adjustment to its contract The amount that Fisk Electric requests for equitable adjustment is (Eighteen Thousand Three Hundred and Ten Dollars) Based on the 5 5 months overrun of the original completion date It comprises of the following General conditions as per contract of ---39,950 00 Original job rime frame of 12 months equals =3 32917 per month Job over run of 5.5 months -- —41,3--3•10-00-in extra expenses Yours Tp6ly Sri 7 41 Stewart Matheson Project Manager cc Jack Maxwell reTh Pat Cline esik C Documents Ind S ttinas\Stengrt Desktop KEY BJSCAYNIE\dcla% ch irge doe 1 EXTENDED DIRECT JOE EXPENSE Five & half(5 5) months Exteimon to the completion date of ties project, as compared to the ongmal project schedule means that Fisk Elect= has to continue to mar Direct Project Job Expense on the Project That extended duect job expenses were neva Included m P3sk Electnc s estimate and bid fortlns Project Fisk Electric is entitled to compensanan for the enOre amount of its extended Direct Job Expense, and those expenses are calculated as follows Category Average per Month Field Telephone /Fax /DSL $ 165 00 Nextel S 44 50 Portman per mth S 97000 Project Manager pa mth S 630 00 Storage Trailer (1) S 75 00 OfficeTrailer (1) S 45.00 Cee, Tells Dnauaeoe (Trucks) Ihtectlab Site Expense Rental Value of Fmk Electnc Tools Total Average Monthly Direct Job Expense Time Extension (Months) Extended Direct Job FIrprnsr 15% Overhead & Profit Total S 41 00 S 1000 $ 8700 $ 1090 50 443�r S 1I 49775 01 S 1 724 &; 1 0 0 0 2 EXTENDEDPROJECT SUPERVISION Due to the delays an the project, Fisk Electric is forced to keep our Project Supervision (Labor Supenmendeat & Senior Project Manager) employed on the Project throughout the c4wded penod of hme without additional compenaahoa This expense while necessctatedby the extendedperformance required on the project, was not considered nor included m our contract price Therefore we feti we should be reimbursed for such cost Robert A Brown (Slits/month) $ 44 18/hr X 5 5 Months $ 1943 92 Eddy Penult (8 hrshnonth) 356 40/lir X 5 5 Mouths $ 2,48I 6O Sub Taal 3 4 425 52 15% Overhead & Profit S 663 83 TOTAL 3 5 089 35 EXTENDED DIRECT JOB E'XPEN'SE 313,22231 11 (e TOTAL CLAN $18,31166 111 4 t- cSt- 1 _'j al° Z c -tt(tC _ �Ci \SIr{ 00 James A Cummings Inc 3575 Northwest 53rd Street Fort Lauderdale FL 33303 CErm g m s General Contractors Phone 954733.4211 Fax 954.485-9668 VVebste �r www�amesacummi c December 3 2002 Village of Key Biscayne Department of Building Zoning and Planning 88 West McIntyre Street Key Biscayne FL 33149 TRANSMITTED VIA HAND DFLIVERY ATTN Mr Jud Kurlancheek, Director RE KEY BISCAYNE CIVIC CENTER REVISED DEMOLITION SCHEDULE Dear Mr Kurlancheek James A Cummings Inc is providing a'revised schedule of activities up to completion of the demolition of the existing village offices This schedule is revised from that indicated in Amend #5 GMP schedule due to the following (1) The desire of the Village of Key Biscayne to not start demolition until after December 20 2002 (2) FPL s inability to reroute services at the McIntyre Duct bank until January 20 2002 It is our understanding that the Village of Key Biscayne is coordinating directly with FPL for the rerouting and de energizing requirements Concerns over the easement/dedication issues between the Village of Key Biscayne and FPL for the Duct bank crossing of McIntyre must be addressed by The Village of Key Biscayne It is critical that these issues are coordinated with FPL as soon as possible so that a firm" date can be determined for FPL commencing their installation 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 JMMINGS, INC Alexahcjs�r Smith Prole Manager Cc Jere Lahey DEPARTMENT OF MANAGEMENT SERVICES via fax (904 359 6281) Rob Maphis, JAC Rand Eachus JAC Armando Nunez VKBPWD FILE C� 0 James 4 Cummings fr 3575 Northwest 53rd Strei Fort Lauderdale FL 33305 liummsn9s Graf Contractors January 28 2003 Village of Key Biscayne Department of Building Zoning and Planning 88 West McIntyre Street Key Biscayne FL 33149 TRANSMI I1 F,D VIA HAND DELIVERY ATTN Mr Armando Nunez Public Works Director RE KEY BISCAYNE CIVIC CENTER SCHEDULE IMPACTS DUE TO FPL WORK Plane 954 7334211 Fax 954-485 9688 Webste wr w lamesacummmgs coin Dear Mr Nunez As you are aware the start of construction for the new Community Center is currently on hold due to work that is to be performed by FPL for the Owner This Work consists of installing a new pole and power feeders and de energizing the existing overhead lines all of which is required for the safe and proper demolition of existing structures FPL (AI Solis) has advised that there are several issues preventing them from proceeding with this Work 1 The Village of Key Biscayne has not provided FPL documents required for proper planning and pncmg of the Work 2 The Village of Key Biscayne has not paid FPL for other work that has already been finished The progress schedule has been significantly impacted by the inability to start demolition of the existing buildings In fact, the Community Center work has been impacted by at least eighteen (18) workdays Work for the new Administrative and Police parking area south of the new building has also been affected by FPL work We once again request the Village work with FPL to resolve all outstanding issues to enable their work to proceed If there is any support that James A Cununings Inc can provide to resolve any issues please notify our on -site personnel immediately Please note that James A Cummings Inc is stnving to mitigate further schedule impacts or resulting increases in construction costs However we must reserve the nght to request compensation for costs and a tune extension which may result from continued postponement of this work These costs may include but are not limited to compensation for a time extension including jobsite and home office overhead and related costs loss of labor efficiency escalation costs and subcontractor claims These costs and required extension to the project schedule are not discernable at this tune once these impacts become apparent we will advise you F'"'\ accordingly 0 If there are any questions and/or concerns regarding this matter please do not hesitate m contacting this office at (305) 361 9227 for discussion Sincerely JAMES MMINGS, INC Alex der Smith Jr Project Manager Cc Jud Kurlancheek VKBBZD Jacqueline Menendez VKBVM Rick Derrer JAC Rob Maphis JAC Rand Eachus JAC Lantz Holtzhower JAC FILE 0 0 James A Cummings h 3575 Northwest 53rd Seri Fort Lauderdale FL 33301 Phone 954 733-4211 Fax 954485 9688 Websrte nnvwi nesecummingscorn May 5 2003 Village of Key Biscayne Department of Building Zoning and Planning 88 West McIntyre Street Key Biscayne FL 33149 ATTN Mr Paul Abbott, Project Director TRANSMITTED VIA HAND DELIVERY RE KEY BISCAYNE CIVIC CENTER COMMUNITY CENTER SCHEDULE & FINANCIAL IMPACTS Dear Mr Abbott, James A Cummings Inc is in receipt of a letter addressed to the Department of Environmental Resources (DERM) authored by Village of Key Biscayne community members filing a written request for a Public Hearing before the board of Miami Dade Board of County Commissioners The date of the filing with DERM is Apnl 24 2003 This written request for a public hearing will impact the substantial completion date of construction for the community center The unpacts imposed on the construction schedule and the financial responsibilities of James A Cummings Inc and its subcontractors cannot be realized until the dewatenng/community issues are resolved James A Cummings Inc has moved forward with Work as directed by the Village of Key Biscayne in order to reduce the schedule impact provided by Village Council Resolution 2002 9 and the those impacts realized by Florida Power & Light not completing their work as scheduled Additionally there has been an inquiry by a community member into the application for permit for installation of the three (3) Class V Wells The permit has yet to be issued by the Department of Environment Protection (DEP) As per conversation with Mr Pyara Wilkhu DEP representative once the permit is issued, a fourteen (14) day appeal penod commences for the individual(s) filing the inquiry The unpacts (if any) imposed on the construction schedule and the financial responsibilities of James A Cummings Inc and its subcontractors cannot be realized until the issues concerning the Class V Wells are resolved James A Cummings Inc reserves it right to request compensation for costs and a time extension which may result from this schedule impact These costs may include but are not limited to compensation for a time extension includingjobsite and home office overhead and related costs loss of labor efficiency escalation costs and subcontractor claims These costs and required extension to the project schedule are not discernable at this time once these impacts become apparent we will advise you accordingly 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 1 t7 Sincerely JAMESA,'LMMINGS INC Aler•er Smith Jr Pro ect Manager Cc Jacqueline Menendez, VKB Rick Derrer JAC Rob Maphts JAC Armando Nunez, VKB FLEE o James A Cummings Ir 3575 Nor hwest 53rd Stre Fors Lauderdale FL 33300 Cunmrnrncis rat Contractors V June 6 2003 SKYLINE MANAGEMENT GROUP INC 88 West McIntyre Street Key Biscayne FL 33149 Phone 954733.4211 Fax 954465 9688 Website vswwamesacummings corn TRANSMITTED VIA FAX (305) 573-2620 & USPS ATTN Mr Paul Abbott, Project Director RE KEY BISCAYNE CIVIC CENTER CHANGE IN THE PROJECT FIELD CHANGE ORDER NO 002 Dear Mr Abbott We are in receipt of your June 4 2003 Field Change Order No 002 directing the stoppage of dewatenng system work pending additional tests and recommendations from the Owner s testing/engineering agent Langan Engineering Pursuant to the June 6 2003 meeting between Langan Engtneenng, Skyline Management Group the Village of Key Biscayne and James A Cummings Mc it is our understanding that test results and subsequent authonzation to resume work will not be provided until July 1 2003 This directive forces us to halt further progress of the Community Center dewatering and foundation work ia` Changes directed by this written order will have a significant impact an the schedule for construction, thereby increasing the cost and time for this Project The extent of time required is not presently discernable Once the impact is determined James A Cummings Inc will submit a request for time extension and additional compensation according to the provisions of our Agreement If there are any questions or concerns regarding this matter please do not hesitate in contacting this office at (305) 361 9227 i I Sincerely JAMES Ale r?fer Smith Jr Manager GS, INC Cc Jacqueline Menedez VILLAGE OF KEY BISCAYNE via fax (305-365-8936) Jud Kurlancheek VILLAGE OF KEY BISCAYNE via fax (305 365-55)6) Armando Nunez, VILI AGE OF KEY BISCAYNE via fax (30) 365 5556) David Wolpin Vv EISS SEROTA HELFMAN et al P A via fax (305 854-2323) Jose Aguila ROBERT G CURRIE PARTNERSHIP via fax (561 243 8184) Roger Archibald, LANGAN ENGINEERING via fax (305 362 5212) Rick Derrer JAC Rob Maphts JAC FILE V rlag ca itt! Robert Oldakowskt Mayo Jorge &Mendrs Va e Mayer Martha Filer Leon Broucek Carol Duz-Castro Mortimer Fried James L Peters Robert L Vernon Thrector Jud Kurfancheek MCP Department of Budding Zoning and Planning DT February 27 2003 TO James A Cum S Inc FR Jud Kurtanche AICP Director Building Zoning and Planning Department RE Old Village Hall Demolition As set forth in Village Council Resolution No 2002-9 the demolition of the Old Village Hall Building and the parking spaces cannot proceed until the Council addresses the parking shortfall that was caused when the 31 on street spaces were removed from Femwood Rd and McIntyre Street The Council will consider this item on March 18 2003 This timing is consistent with the removal of the power lines and published progress reports in The Islander News All other construction should continue to proceed It is suggested that the demoltion of the budding be set for March 19 2003 Resolution 2002-9 was the result of meetings with citizenswho were concerned about the impact of parking spaces on Femwood Rd and the lack of green space on McIntyre Street. This Resolution provided funding for the infrastructure The lack of citizen opposition for the funding of the infrastructure was based on the aforementioned provision dealing with parking Cc Jacqueline R Menendez Village Manager Eugenio Santiago P E Chief Budding Official Armando Nunez Public Works Director 88 Vest NIcIntyre Street Key Biscayne Florida 33149 (305) 365 5512 Fax (305) 365 5556 v 0 \T RESOLUTION NO 2003-40 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING I'HE VILLAGE MANAGER TO EXECUTE THE ATTACHED AGREEMENT ON BEHALF OF THE VILLAGE WITH THE METROPOLITAN CENTER AT FLORIDA INTERNATIONAL UNIVERSITY FOR VISION 2004 SURVEY AND CONFERENCE, PROVIDING FOR AN EFFECTIVE DATE 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 authonzed to execute the attached Agreement on behalf of the Village with The Metropolitan Center at Honda International University Section 2 The Metropolitan Center will conduct a survey the results of which will be utilized to develop the agenda for the Vision 2004 Goals and Objections Section 3 Effective Date This resolution shall be effective immediately upon adoption PASSED AND ADOPTED this 2nd day of December 2003 T 04.611 CHITA H ALVAREZ CMC VILLAGE APPROVED AS TO :.t„' AND LEGAL S VILLAG MAYOR ROBERT OLDAKOWSKI VILLAGE OF KEY BISCAYNE AGREEMENT FOR SERVICES THIS AGREEMENT made and entered into on the day of December , 2003 by and between the Village of Key Biscayne Dade County Florida, party of the first (hereinafter called Village ) and The Metropolitan Center at Flonda International University 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 m connection with developing and conducting a visioning conference 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 The Metropolitan Center at Flonda International University will provide the followmg services for the Village of Key Biscayne as descnbed m Exhibit A attached hereto 2 FEES FOR SERVICES The CONTRACTOR agrees to charge the VILLAGE for performance of the Specified Services provided m accordance in Exhibit A in an amount not to exceed $15 000 3 TERM The term of this agreement is 3 months 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 appropn ate adjustments to the contract price 5 ASSIGNMENT This Agreement shall not be assignable by the CONTRACTOR 1 IF 6 PROHIBITION AGAINST CONTINGENT FEES The CONTRACTOR warrants that it has not employed or retained any company or person other than a bonafide employee workmg 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 workmg 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 termmated by the VILLAGE upon ten days written notice with or without cause and may be terminated by the CONTRACTOR upon 45 days written notice with or without cause If this Agreement is terminated the CONTRACTOR shall be paid m accordance with the provisions of Paragraph 2 of this contract for all acceptable work performed up to the date of termination 8 NONEXCLUSIVE AGREEMENT The services to be provided by the CONTRACTOR pursuant to this Agreement shall be nonexclusive and nothing herein shall preclude the VILLAGE engaging other firms to perform the same or similar services for the benefit of the VILLAGE within the VILLAGE S sole and absolute discretion. 9 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 10 WARRANTIES OF CONTRACTOR The CONTRACTOR hereby warrants and represents that all times dunng the term of this Agreement it shall mamtam 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 furmsh proof that it has Worker s Compensation Insurance as required by Chapter 440 Flonda Statutes 11 ATTORNEY S FEES In connection with any htigation 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 2 0 0 0 12 NOTICES All notices and communications to the VILLAGE or CONTRACTOR shall be m writing 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 With a copy to Contractor 13 GOVERNING LAW Jacqueline R Menendez Village Manager 88 West McIntyre Street Key Biscayne Flonda 33149 Village Attorney Weiss Serota & Helfinan Pastonza & Guedes P A 2665 South Bayshore Dnve Suite 420 Miami Florida 33133 Conchita H Alvarez Village Clerk 88 West McIntyre Street Key Biscayne Florida 33149 Metropohtan Center Flonda International University 150 SE 2nd Avenue Suite 1201 Miami FL 33131 This Agreement shall be construed m 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 3 CONTRACTOR Metropolitan Center at F I U 150 SE 2nd Avenue Suite 1201 Miami FL 33131 JUST() TOMES Assistant Director Attest 4 VILLAGE Village of Key Biscayne 88 West McIntyre Street Key Biscayne Florida 33149 0 0 EXHIBIT A Scope of Services Metropolitan Center Florida International University The Metropolitan Center at Flonda International University will assist the Village of Key Biscayne ni developing and conductmg a visioning conference for its residents The conference will provide a guideline for village leaders in setting the goals and objectives of Key Biscayne The purpose of the conference will be to provide a forum for residents to envision the future of Key Biscayne The Metropolitan Center at Flonda International University will provide the following services for the Village of Key Biscayne • Develop a survey instrument for the residents of Key Biscayne • Conduct a scientifically vand telephone survey of 400 Key Biscayne residents • Provide a Public Report of the results and analysis of the survey • Provide professional facilitators for the visioning conference • Assist the Village of Key Biscayne with the planning for the conference • Assist the Village of Key Biscayne will the logistics for the conference Timeline Cost December 8 12 Conducting Survey December 17 Draft Report on Survey Results and Analysis December 29 Final Report Late January Conference Survey $10 000 Conference $05 000 Total Cost $15,000 FLORIDA INTERNATIONAL UNIVERSITY Miami s public research university Office of the Director VIA FEDEX January 13 2004 Jacqueirne R Menendez Village Manager Village of Key Biscayne 88 West McIntyre Street Key Biscayne Flonda 33149 Re Agreement Village of Key Biscayne and The Metropolitan Center at Flonda Internatwnal University Dear Ms Menendez Enclosed please find an ongrna1ly signed copy of the above referenced Agreement This Agreement has been fully executed on behalf of Flonda International University Thank you for supporting reseapci conducted at Honda International University Should you have any questions or comments please do not hesitate to contact us at (305) 348-2494 or by email at medmar u©fiu.edu Sincerely a Grants Assistant Enclosures Division of Sponsored Research & Training University Park 11200 SW 8th Street MARC 430 Miami FL 33199 Tel 305 348 2494 Fax 305 348 4117 0 rTh Q From uomlUmmy an Equal Cppanwry Amu Pwydop Halm no DD 65 00955- 'Al .03 RESOLUTION NO 2003-39 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, EXTENDING THE SUNSET PROVISION OF THE CRANDON BOULEVARD STREETSCAPE MASTER PLAN COMMITTEE FROM NOVEMBER 2003 TO FEBRUARY 2004, PROVIDING FOR AN EFFECTIVE DATE WHEREAS the Council established a sunset date for the Crandon Boulevard Streetscape Master Plan Committee of November 2003 and WHEREAS the Committee has met from 2 3 times a month and is now in the final stages of completing the Master Plan with all of the elements that were directed by the Village Council and WHEREAS in order to complete the Crandon Boulevard Streetscape Master Plan it is necessary to extend the sunset provision from November 2003 to February 2004 NOW, THEREFORE BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS Section 1 That the sunset provision for the Crandon Boulevard Streetscape Master Plan Committee be extended from November 2003 to February 2004 Section 2 That the Village Manager and Village Attorney are hereby directed to implement this Resolution Section 3 This resolution shall take effect immediately upon adoption PASSED AND ADOPTED this 10th day of November 2003 4 //AA 4,0 L MAYOR ROBERT OLDAKOWSKI TA II ALVAREZ CMC VILLAGE CLERK APPROVED AS TO • AND LEGAL SUFFICIEN VILLAGE AT ORNE RESOLUTION NO 2003-38 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING THE SELECTION CRITERIA FOR ARTWORK THAT WILL BE PURCHASED BY OR LOANED TO THE VILLAGE, APPROVING POTENTIAL SITES FOR ARTWORK THAT WILL BE PURCHASED AS PART OF THE COMMUNITY CENTER, A PPROVING T HE " CALL T 0 A RTISTS" F OR ARTWORK FOR THE COMMUNITY CENTER, PROVIDING FOR AN EFFECTIVE DATE WHEREAS Ordinance No 2001 14 which created the Art in Public Places Board requires that the Council approve gwdelmes for the selection of artwork that will be purchased or loaned to the Village and WHEREAS the Art in Public Places Board has recommended that artwork that will be purchased by the Village for the Community Center project be located at the oval median between Village Green Way and Crandon Boulevard and/or the traffic circle and area between the Village Green Park and the traffic Circle NOW, THEREFORE BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS Section 1 That the Village Council approves the following attached documents 1 Uniform Guidelines for the Art Acquisition and Loan Program 2 Site Artist, and Loan Program Selection Cntena 3 Ca11 to Artists for proposals for art work associated with the Community Center project 4 Identification of sites for art work that will be acquired by the Village as part of the Community Center project Section 2 That the Village Manager and Village Attorney are hereby directed to implement this Resolution Section 3 This resolution Shall take effect immediately upon adoption PASSED AND ADOPTED this loth day of November 2003 7169 tetAh MAYOR ROBERT OLDAKOWSKI aliamv° RITA H ALVAREZ CMC VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENC 0 Q UNIFORM GUIDELINES FOR THE ART ACQUISITION AND LOAN PROGRAM SITE, ARTIST AND LOAN PROGRAM SELECTION CRITERIA Site Selection Cntena 1 Import of site(s) in terms of expected uses historical sources and future development of area 2 Location of site(s) in relation to patterns of community traffic and daily ecology of immediate surroundings 3 Possibility of site s high visibility for residents and visitors 4 Expected role of site in community wide seasonal events 5 Potential of site for an artwork that could become a community symbol 6 Potential of site for a design approach that addresses site making strategies and a functional application For the purposes of the CALL TO ARTISTS the site(s) will be defined through physical boundaries as presented in plans and rendenngs with supporting narrative ARTIST SELECTION CRITERIA Submission Requirements 1 Artists will be identified through an open CALL TO ARTISTS and by invitation The Board will review all applicants submitting the specified materials a 8 slides or hi res jpgs of work b One page biography including education and training exhibition history and current status c One actual catalog and copies of other 3 pages of texts in catalogs about work or exhibitions d An optional one -page statement articulating artist s vision for the site including sketches It e No developed proposals will be accepted Artist Selection Criteria 1 Selected artists demonstrate professional practice and accomplishment through their work and if applicable to public art (These will be evaluated as documented by materials submitted by artists ) 2 Excellence in artists vision and working practice —as determined by the material submitted— embodies enduring artistic qualities 3 Artists have experience in comparable projects or have demonstrated professional competence to undertake a site installation that involves collaboration with various professionals 4 Artists are skillful in traditional mechanical or digital/electronic media as demonstrated by the slides 5 Artists have a fit with community and planned uses for site The artist has an understanding of the community and planned uses of the site 6 In considering potential artworks the Board must take into account. Artworks must reflect the cultural and ethnic diversity of the Village without deviation from a standard of excellence 7 Artworks must be appropnate for site 8 Construction permanence and maintenance of artwork must be addressed with appropriate Village staff and/or consultants if needed 9 Likelihood that artist will complete work within the available budget in a timely manner 10 Once the program begins future artworks and artists will be considered in the context of already acquired/commissioned artworks Loan Program Guidelines Administration of the Program 1 The Board will develop an inventory of potential sites for art placement Site selection must consider display conditions safety of art and uses of area where artwork will be sited 2 Supporting maintenance and insurance must be provided for ail loaned works 3 Term of loan shall be determined based on the site and where the work will be r displayed 4 Lenders shall execute a contract governing the length of the loan the location of artwork and appropriate clauses for extending or terminating loan as needed 5 Information about artwork shall be developed and posted for public information and education 6 All loans shall be accepted without compensation and no promise of future acquisition Artworks must not be placed on market while on display in public sites 7 Artwork shall not be sold or have prices The name of the prece and artist may be displayed in a discrete manner adjacent to the artwork 8 Selected works must be displayed in highly visible areas 9 Information about artwork shall be developed and posted for public information and education 10 All loans shall be accepted without compensation and no promise of future acquisition Artworks must not be placed on market while on display in public sites 11 Works for the loan program shall be identified by Board members or by suggestions presented in response to periodic Call for Artworks Selection Criteria 1 Artworks will be considered with artistic excellence as the primary cntenon 2 Artworks will be selected from professionals non professionals and students i VILLAGE OF KEY BISCAYNE, FLORIDA CIVIC CENTER PUBLIC ART CALL FOR ARTISTS The Board of the Art in Public Places Program is seeking artists for the Village Civic Center which includes various buildings and green spaces http //www keybiscayne fl goy Artwork opportunities Two sites have been identified for artwork the oval -shaped plaza at the entrance to the Civic Center campus and the circular plaza and transition space to the Village Green Both sites anchor the new Community Center along the major circulation and pedestrian axis of the Civic Center grounds The CIVIC Center includes the Village Hall/Police Fire Rescue Station Community Center a park and new roads and infrastructure (INSERT IMAGE B&W schematic plan of Civic Center with buildings and streets identified) Artists are being sought to develop these plazas as special places that integrate interesting surfaces volumes and landscaping Artists with expenence in outdoor urban site -specific projects are being sought by the Art in Public Places Board Artists who work with functional sculptures in materials like ceramic wood metal water and others should apply Artists should be sensitive to the history of the Village its environment and to tie expected uses and landscaping of the plazas Selected artists will be invited to develop detailed proposals This is a fast -track project with a total budget of $4x20 000 00 for the two sites Artists' Submission Requirements 1 Eight 35 mm slides or hi res jpgs on a disc illustrating executed work all fully labeled and accompanied by a list of images with factual information about each image 2 One page biography including education and training exhibition and project history and current status 3 One actual catalog and copies of other 3 pages of texts in catalogs about work projects or exhibitions 4 An optional one page statement articulating artist s vision for site(s) including sketches if appropriate No developed proposals will be accepted Incomplete submissions will not be reviewed Artists must submit a self-addressed stamped envelope if they would like to have their 0 fl materials returned after review For an update on the selection process applicants should visit http //www keybiscayne fl gov No updates or results will be given in person or over the telephone All professional artists are invited to submit regardless of race place of residence or disability Selection Panel A Panel of members of the Art in Public Places Board will review materials rank applicants and make recommendations to the Village Council The Board and/or the Village Council reserve the right to reject any or all of the artists proposals The Council will make final determination about art projects to be developed and built Background i The Art in Public Places Board is appointed to two year terms by the Village Council It is composed of Village residents with knowledge of contemporary art and experience with Irving artists This project is being directed by the Board with the administrative support of the Budding Zoning and Planning Department staff The Village of Key Biscayne reserves the right to announce and publish all aspects of project as it evolves Review Criteria Please visit the Village web site to review artist selection cntena Submission Deadline Requested materials must only be submitted by mail Deadline is 2 00 p m January 12 2004 Materials should be submitted in an envelope postmarked by the deadline to Village of Key Biscayne Art in Public Places Board Office of the Village Clerk 88 West McIntyre Street Key Biscayne FL 33149 1 I fl Additional Information (Additional information including images of site information on Village community rselection criteria and other background are available at the VKB site http //keybiscayne fl gov Artists should only submit requested materials in specified format No original art should be submitted Artists should not contact Board members or Village staff about this project All official information is posted at the above site 0 0 RESOLUTION NO 2003-37 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, RECONCILING CONTINGENCY ITEMS AND CONSTRUCTION BUDGET ITEMS OF THE PROJECT, AUTHORIZING CONSTRUCTION WORK ITEMS AND EQUIPMENT PURCHASE ITEMS DESCRIBED HEREIN, AUTHORIZING AMENDMENTS NO 9, 10, 11 AND 12 TO AGREEMENT BETWEEN OWNER AND CONSTRUCTION MANAGER CONCERNING ITEMS DESCRIBED HEREIN, PROVIDING FOR SPECIFICATION OF FUNDS AND AUTHORIZING EXPENDITURES FOR ITEMS DESCRIBED HEREIN, 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 construction work items and equipment purchase 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 the Village Council desires to reconcile contingency and Project construction budget items for equipment purchases and for construction activities of the Project 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 r Section 2 Work Authorized, Specification Of Funds A That the construction activities and purchase of equipment for the items described m Exhibit A' attached hereto are each hereby approved and authonzed The general fund shall reimburse the Project budget for any funds which were previously expended for items indicated as general fund items pursuant to Exhibit A' B That the fund amount and source for each of the work items are hereby authorized and approved as described m Exhibit A Section 3 Amendments Ta Agreement Approved That Amendments No 9 10 11 and 12 to the Agreement between Village and Construction Manager in substantially the form attached hereto are hereby approved and the Village Manager and Village Clerk are hereby authonzed in their respective capacities to execute the Amendments 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 Amendments to Agreement Section 5 Effective Date That this resolution shall become effective upon its adoption PASSED AND ADOPTED this 28th day of October 2003 ./(fee, CONC1-IITA H ALVAREZ CMC VILLAGE APPROVED AS TO FORM AND LEGAL SUFF fv� VILLAGE ATTORNEY 4o (etw(v L - OR ROBERT OLDAKOWSKI F \103001\Resolunons\a thonz g wo lc items and eq ipment purchases 2 0 0 Vrllage C untst Robert Oldakowskb Mayor Jorge E Mendia, Vwe Mayor Martha Fdez Leon Broucek Carol Diaz -Castro Mortimer Fned James L. Peters Robert L Vernon n V Ilage Manag r Jacqueline R. Menendez EXHIBIT A Office of the Village Manager DT August 19 2003 TO Ho r ble Ma or Members of the Village Council FR cue Menend Village Manager RE Amendments 912 to Our Agreement with James A Cummings RECOMMENDATION It is recommended that the Council approve the attached Resolution which amends our Agreement v.ith James A Cummings Inc The resolution includes four (4) amendments to our Agreement which provides additional funding for the Civic Center Project EXPLANATION Amendment 9 Amendment 10 This amendment requests an increase in funding ($232 893) for construction work that occurred in the Fire Rescue Station Council Chamber Chamber of Commerce and the Village Hall and Police Station This work is considered as adding value to the project The work was not part of our Agreement with James A Cummings but was determined to be necessary by the design and construction team As indicated in the attached June 23 2003 letter the work was a pproved b y t he P roject M anager t he F londa D epartment of Management Services Subsequent review by Skyline Management Group also confirms this recommendation The work was also approved by each of the architects The attached spreadsheet provides an explanation of the work in summary form Additional attachments provide a detailed explanation of the work This amendment requests an increase in funding ($40 043) for proposed changes to the construction documents and specification and is recommended for approval by Skyline Management Group R 01C ($31,297) - proposal to provide additional materials and equipment for the installation of a 4 protective mudslab below the mat foundation This will assure an improved moisture protection for the parking level slab 88 West McIntyre Street • Key Biscayne Honda 33149 (305) 365 5514 Fax (305) 365-89'46 MISSION STATEMENT "TO PROVIDE A SAFE, QUALITY COMMUNITY ENVIRONMENT FOR ALL ISLANDERS THROUGH RESPONSIBLE GOVERNMENT Amendment 11 Amendment 12 R -02C ($1,229) proposal to provide a severe atmospheric condition package" to the wheel chair lift located on the exterior of the building at the pool area deck The use of this package will increase the hfe of the equipment R -03C ($7,592) - proposal to provide additional matenals and design modifications to increase the gymnasium ceiling height from 24 to 25 This ceding height will meet athletio guidlines This amendment requests an increase in funding ($56 265) for additional site work and i s recommended for approval b y Skyhne Management Group R -04C ($56,265), - additional work for rednving the existing sheet pilings located on the North South East and= West penmeter of the site excavation an additional 42" into the ground_ This was done in accordance with the environmental consultant s recommendation for the site de watenng program This amendment requests an increase in funding ($85000) for proposed changes to the site recharge system and is recommended for approval by Skyline Management Group R -05C (not to exceed allowance $85,000) - proposal to provide additional matenals and equipment to complete the revised recharge system as recommended by the environmental consultant 2 0 ffiIBIT A tAMENDMENT 1h EXPLANATION OF VALUE ADDED WORK COST OF WORK BY LOCATION GMP SCOPE CHANGESc. ' •umber Bullring Descnpbon riteWork and Why k Was Required Amount jLocabon case F1 -03F Fire i dedor Additional eatenor WMfixtwas wore added for safety masons. Council Chamber 20177 R 11F Ceunal Chamber Additional elechiS outlet floor for presentation 2,423 Mayor and Elected Officials Offices/Chamber of Commerce 46143 R t3F Fre Edens Re -beats air handler eq pmad from attic into intoner due 22 413 Village Hall Mrnmistrehv Offices h _ 12,29i to Gunge n roof design gre.Unm,L Change M GMP plans from permit set by archdect. R 20F Council Chamber Add 10 Inch wood platform n Co kV Chamber This results M better dewing of the Council dale by improve 6,530k V Stage Haft Police Department 15934 R 22F Council Chamber Change hue wail and soffits. 916 r' tillage Hall Ederer Budding 30 830 R -27F Fre Exdenor Add architectural lookouts to Teases Nchked directed for consistency In design 4,560 Fire Rescue Staben Interior 74901 R -30P Fire lmenor Increase m allowance for epplicances The GMP referred 10 residential appficanees and commercial grade is 5,500 Fire Rescue Salton Edens Beg 32 611 R41F Foe Interior lestallabon of canmerstd Mohan hood per code. The GMP preovded tor restdenhal hoods. 19 435 Total $ 232,893 R -32F Fro Interior Add chair ra 1 and oonbnuaus wall covering bread( resistant surfaces (Vinyl wag ed continuous wall barbers) 2,482 R43F Fire Interior Add waWOWets to pemhd the room to finicnon as EE 1 571 R -64F Council Clamber Add mullions t Council Chamberwaidows Original plans did not provide for mullions which is not consistent with ell the other maim in the Fee Sieben, Village MaPofce SGaon or Community Caner 4202 R66F Fre Ed nor Add condu6{whe tow rue comm mcaaon with antennas on Iowa 4750 R 79F Council Cramber The plans Provided brl0 seals (7 Council Village Manager Village Clem and Village Attorney) will a gap In the dais The gap provided a measly act the des When constructed, the des cold only 819 at The gap prodded for an teden57en Sae dais far one additional seat, This mgbred steps to be constructed near the Village Managers seat to eat the dais as the gap was filled by an wdensb te the dais. 4,535. R 108F Fire !Manor Dmmkay furniture was purchased through the contingency account when d should have been funded separably 97,E " R -10P vibe HaNPol ce Bldg Litenor h47Ft Wares appeared on archdoGmal plans but not on electncel drawings and wee not Included n the GMP bld for number offutures. 3 647 R 14P Polite Added cabinets in the Polite break room 839 ft16P Village Hag Arimn 4 Wodstdlon Permit Counter (&P Dept) was purchased through the contingency aocaait when it should trove teen funded separately There was no budget for dusk/the GMP This was origlraky planned as a furniture pa n: asse but iit was less tartly to build as opposed to burn/gas furniture At the tuna we did not have afummue budget When the Council approved one, the /workstation was built and toadied 12297 R40P VTtitge Hall/Poke Add 8 fight Mures on roof parapet for safely 4885 9,318 R -30P Wage He4WPdwe Enclose roof am8rgs d Puvenl detention rooms for sewmy pwposes. Thu work was not on the original plans R44P Vilage HalVPofice Add impact resistant glass m prsoner processing area and Poke Officer Woriatabon Room. This work was not on 1 800 R -45P Village MaWPWre Buddng Original planes caged (consecrate sang in gont of the balding ever tlebmssewaf with etoctncal 6dees Met was constructed the fight Endures could not be installed. As such a smooth stucco drop ceiling had to be constructed 22 298 R 100P Pima Add bullet proofglass to ededorwindows facing courtyard In to Dispatch room This work was not Included In the anginal plans 1 952 R 1011s Poke Add bullet proof incidents m counter top to udenor m the Dispatch Desk This work was not included n the original plans. 837 u� R 117P Pewee Add beet proofvmdow until eke drawer et the Dispatch Desk This work was not included In th nasal plans 7188 ' RCO Fre the Change asphalt surface to concrete In padmg lot Original plans caned for asphalt $tab was concerned the weight d emergency vehicles would damage to surface 10064 , f "0 _. Counci Office and Chamber of Commerce located Chamber of Commerce onginaluy located on 2nd floor There were no plans fora Mayor or Council Offices. Council d'reds that the Chamber of Commerce be located on the first floor and the Mayor and CouciOMces be in the Conti Chamber space on the second floor Construction work ofthe origami spaces was nearly complete 48,143 TOTAL TOTAL $ 232,893 RESOLUTION NO 2003-36 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO BEGIN NEGOTIATIONS FOR AN ACCESS CENTER MANAGEMENT AGREEMENT WITH KEY BISCAYNE COMMUNITY TELEVISION, INC , FOR THE PURPOSE OF PROVIDING PROGRAMMING AND MANAGEMENT SERVICES FOR THE VILLAGE'S EDUCATIONAL ACCESS ON CHANNEL 17, PROVIDING FOR SEVERABILITY, PROVIDING FOR REPEALER, PROVIDING FOR AN EFFECTIVE DATE WHEREAS the Village of Key Biscayne has granted franchises for the operation of cable television systems in the Village and WHEREAS the terms of these franchises provide for an educational access channel for the Village s use and WHEREAS the Village desires better to utilize its educational access channel and WHEREAS Key Biscayne Community Television, Inc has mdicated its interest m providing educational access channel programming and management services and WHEREAS the Village of Key Biscayne desires to begin negotiatmg an agreement with Key Biscayne Community Television Inc to provide educational access channel programing and management 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 authonzed to begin negotiations for an access center management agreement with Key Biscayne Community Television, Inc Section 2 Effective Date This resolution shall be effective immediately upon adoption. PASSED AND ADOPTED this 14th day of October 2003 71/0t 4, L. --- MAYOR ROBERT OLDAKOWSKI CONCHITA H ALVAREZ CMC VII AGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY 0 0 0 RESOLUTION NO 2003-35 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING EXPENDITURE OF AN AMOUNT NOT TO EXCEED THIRTY-TWO THOUSAND DOLLARS ($32,000) FROM THE LAW ENFORCEMENT TRUST FUND - STATE, FOR TWO VEHICLES FOR THE POLICE DEPARTMENT, PROVIDING FOR AN EFFECTIVE DATE WHEREAS the Village of Key Biscayne Police Department has the need for a Crime Scene vehicle and a Community Service Officer vehicle and WHEREAS such costs are estimated to amount to thirty two thousand dollars ($32 000) and c WHEREAS funds for these expenditures are not included m the police Department s operatmg budget and WHEREAS the Director of Pubhc Safety has recommended adoption of this Resolution and determined that the proposed expenditure comphes with Section 932 7055 Flonda Statutes the Flonda Contraband Forfeiture Act NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS Section 1 That the Village Council of the Village of Key Biscayne Flonda authonzes the expenditure of an amount not to exceed thirty-two thousand ($32 000) from the Law Enforcement Trust Fund State for the purchase of two vehicles associated with the operation of the Key Biscayne Police Department Section 2 Effective Date This resolution shall be effective immediately upon adoption PASSED AND ADOPTED this 14th day of October 2003 MAYOR ROBERT OLDAKOWSKI CONCHITA 11 ALVAREZ CMC VILLAGE CITRIC APPROVED AS TO FORM AND LEGAL SUFFICIENCY 0 0 0 RESOLUTION NO 2003-34 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE ATTACHED AGREEMENT ON BEHALF OF THE VILLAGE WITH UNIVERSAL BEACH SERVICES CORP FOR BEACH CLEANING SERVICES, PROVIDING FOR AN EFFECTIVE DATE 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 authonzed to execute the attached Agreement on behalf of the Village with Universal Beach Service Corp Section 2 Universal Beach Services Corp will provide Beach Cleaning Services to the Village of Key Biscayne Section 3 Effective Date This resolution shall be effective immediately upon adoption PASSED AND ADOPTED this 14th day of October , 2003 C-1u,GcL CONCHITA H ALVAREZ CMC VILLAGE CLERK APPROVED AS TO FO AND LEGAL SUFFICIENCY VILLAGE A TO MAYOR ROBERT OLDAKOWSKI VILLAGE OF KEY BISCAYNE AGREEMENT FOR SERVICES THIS AGREEMENT made and entered into on the 14 day of October 2003 by and between the Village of Key Biscayne Miami Dade C ounty F londa p arty o f t he first p art (hereinafter `VILLAGE) and Universal Beach Services Corp party of the second part (hereinafter CONTRACTOR) RECITALS CONTRACTOR is engaged in the business of beach maintenance cleaning and debns removal The VILLAGE has jurisdiction over 6 440 feet of beach property located within Key Biscayne Florida, adlommg and extending north south along the Atlantic Ocean VILLAGE is desirous of engaging the services of CONTRACTOR for the purposes set forth herein The VILLAGE wants to engage the CONTRACTOR to perform certam services as described in accordance with paragraph 1 scope of services to this Agreement ( Specified Services') The CONTRACTOR wants to provide such Specified Services for public beach service purposes In consideration of the mutual covenants m this Agreement the parties agree as follows 1 SCOPE OF SERVICES The CONTRACTOR agrees to perform the Specified Services described as follows A The general scope of services to be performed by CONTRACTOR shall be to clean and mamtam m a reasonable manner the entire length of the VILLAGE s beach during the term of this Agreement CONTRACTOR shall provide these services on the basis of five (5) tunes per week weather and environmental conditions allowing More specifically CONTRACTOR agrees to provide the following services to the VILLAGE with respect to the subject contract (i) 0 Debns and htter removal CONTRACTOR agrees to remove all debns and htter including wood plastic glass paper tar and metal objects deposited on the beach by the ocean or by bather usage CONTRACTOR shall remove and dispose of all such trash and debris as collected from the beach by transporting the same to the County landfill site (m) Seagrass CONTRACTOR shall rake up the seagrass and either incorporate it in to the beach at the mean high water line or in the fore dune vegetation Any seagrass selected for dune reconstruction shall be suitably clean devoid of debris, litter tar etc (ni) Erosion control and Beach Repair CONTRACTOR possesses equipment capable ofprovidmg certam beach repairs and erosion control measures The beach is from time to time m need ofcertain measures for erosion control and repair and, accordingly CONTRACTOR agrees to provide the followmg services to the extent of the reasonable capability of CONTRACTOR s equipment (1) Backfillmg of washouts particularly at the foot of eroded stairs and/or entrance ways (2) Grading of escarpments to a more easily navigated slope (3) Adding sand to and grading around beach structures (4) Placement of clean seagrass at the base of the fore dune vegetation CONTRACTOR s services as to erosion control and beach repair as provided herein are intended to promote vitality to the dune vegetation to sustain the contour of the beach better against further wave action and to maximize the usable sandy portion of the beach for recreational enjoyment and coastal preservation in general These measures are taken by CONTRACTOR in an attempt to effectively control limit or eliminate sand erosion problems on a day to day basis to provide stabilization and fertilization for beach and dune preservation, as well as protection to upland properties and structures in storm conditions 2 FEES FOR SERVICES The CONTRACTOR agrees to charge the VILLAGE for performance of the Specified Services provided hereunder in an amount not to exceed $107.110 per year This compensation is computed at the rate of $16 63 per lineal foot of ocean frontage per annum for a total base compensation for each year of $107 110 00 (i e $138 60 per 100 feet per month) The annual compensation shall be broken down for payment by the VILLAGE to CONTRACTOR on an equal monthly installment basis and be paid within ten (10) days followmg the end of each month during the term of this Agreement In the event of hurricanes tropical storms or heavy oil accumulations an additional charge may be imposed by CON 1 RACTOR with prior consent ofthe VILLAGE at a reasonable price agreed upon by both parties depending upon the condition ofthe beach and the time 0 2 and equipment necessary to complete the cleanmg 3 TERM The duration of the term of this agreement is (5) years commencing on October 15 2003 and expiring on October 14 2008 unless terminated pursuant to paragraph 7 or extended pursuant to paragraph 9 4 GENERAL TERMS AND CONDITIONS The VILLAGE reserves the nght to increase or decrease the quantity of beach area serviced with appropriate adjustments to the contract pnce 5 ASSIGNMENT This Agreement shall not be assignable by the CONTRACTOR 6 PROHIBITION AGAINST CONTINGENT FEES The CONTRACTOR wan -ants 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, mdhvidual or firm other than a bona fide employee working solely for the CONTRACTOR any fee commission percentage gift or any other consideration continent upon or resulting from the award or making of this Agreement 7 TERMINATION This Agreement may be terminated by the VILLAGE upon 30 days advance wntten notice with or without cause and by the CONTRACTOR upon 45 days advance 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 Agreement for all acceptable work performed up to the date oftermrnatron only 8 NONEXCLUSIVE AGREEMENT The services to be provided by the CONTRACTOR pursuant to this Agreement shall be nonexclusive and nothmg herein shall preclude the VILLAGE from engaging other firms to perform the same or similar services for the benefit of the VILLAGE wrthm the VII LAGE S sole and absolute discretion 3 9 ENTIRE AGREEMENT The parties hereby agree that this is the entire Agreement between the parties and supercedes the prior service agreement between the parties This Agreement cannot be amended or modified without the express written consent of the parties 10 WARRANTIES OF CONTRACTOR, INSURANCE A The CONTRACTOR hereby warrants and i epresents that 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 and shall perform the Specified Services in accordance with applicable laws B The CONTRACTOR shall furnish proofthat it has Worker s Compensation Insurance as required by Chapter 440 Florida Statutes C The CONTRACTOR shall also furnish proof that it has Comprehensive General Liabihty Insurance for all operations hereunder and automobile liability insurance covering all owned non owned and hired vehicles used in connection with this work in an amount no less than $1 000 000 per occurrence for Bodily hnlury and Property Damage combined VILLAGE shall be named as an additional insured for work undertaken or to be performed by CONTRACTOR hereunder 11 INDEMNIFICATION CONTRACTOR shall mdemmfy 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 misconduct of the CONTRACTOR and persons employed or utilized by the CON 1RACTORm the performance of this Agreement 12 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 13 NOTICES All notices and communications to the VILLAGE or CONTRACTOR shall be m wntmg 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 4 0 0 0 r as follows Village Jacquehne R Menendez Village Manager 88 West McIntyre Street Key Biscayne Florida 33149 With a copy to Village Attorney Weiss Serota & Helfman Pastonza Guedes Cole & Boniske P A 2665 South Bayshore Drive Suite 420 Miami Flonda33133 Concbita H Alvarez Village Clerk 88 West McIntyre Street Key Biscayne Florida 33149 Contractor Universal Beach Services Corp 14 MISCELLANEOUS A Access The VILLAGE agrees to provide CONTRACTOR with access to the beach property which is the subject of this Agreement B Independent Contractor CONTRACTOR is providing all Specified Services solely as an mdependent contractor of VILLAGE and not as an officer or employee of VILLAGE 15 GOVERNING 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 5 0 CONTRACTOR UNIVERSAL BEACH SERVICE CORP Attest VILLAGE Village of Key Biscayne 88 West McIntyre Street Key Biscayne Florida 33149 By By F /103 001/Agreements/UmveraslBeachSernceswithKeyBiscayne 1022 03 6 e R Menen anager 9 illage Clerk VED AS TO LEGAL SUFFICIENCY Village At 0 RESOLUTION NO 2003 33 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE ATTACHED AGREEMENT ON BEHALF OF THE VILLAGE WITH GOMEZ BARKER ASSOCIATES, INC FOR INTERGOVERNMENTAL REPRESENTATIVE SERVICES, PROVIDING FOR AN EFFECTIVE DATE WHEREAS the firm of Gomez Barker Associates Inc will represent the Village on legislative and regulatory issues affecting the Village of Key Biscayne work with appropnate agency officials legislative committees leadership and individual members to facilitate the Village s Tallahassee agenda as it relates to water and infrastructure fundmg environmental concerns and any legislative issues pertinent to the Village of Key Biscayne 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 authonzed to execute the attached Agreement on behalf' of the Village with Gomez Barker Associates Inc Section 2 Gomez Barker Associates Inc willprovide Intergovernmental Representative Services to the Village of Key Biscayne Section 3. This resolution shall take effect immediately upon adoption PASSED AND ADOPTED this 14th day of, October , 2003 MAYOR ROBERT OLDAKOWSKI nthliclagAle TA H ALVAREZ CMC VILLAGE CLERK APPROVED AS TO ORM AND LEGAL SUFFICIENCY VILLAGE OF KEY BISCAYNE AGREEMENT FOR SERVICES THIS AGREEMENT made and entered into on the 14th day of October 2003 by and between the Village of Key Biscayne Miami Dade County Florida party of the first (hereinafter VILLAGE ) and Gomez Barker Associates Inc party of the second part (hereinafter CONSULTANT) RECITALS The VILLAGE wants to engage the CONSULTANT to perform certain services as descnbed m accordance with paragraph 1 scope of services to this Agreement ( Specified Services ) The CONSULTANT wants to provide such Specified Services In consideration of the mutual covenants in this Agreement the parties agree as follows I SCOPE OF SERVICES The CONSULTANT agrees to perform the following services as authonzed by the Village Council and administered via the Village Manager The work is descnbed as follows The CONSULTANT shall represent the Village on legislative and regulatory issues affectmg the Village of Key Biscayne work with appropriate agency officials legislative committees leadership and individual members to facilitate the Village s Tallahassee agenda as it relates to water and infrastructure funding environmental concerns and any legislative issues pertinent to the Village of Key Biscayne 2 FEES FOR SERVICES The VILLAGE shall pay the CONSULTANT a $3,500 retainer per month for the duration of this Agreement as compensation for performance of the Specified Services The CONSULTANT will issue an invoice once per month for said retamer Said invoices are payable by the VILLAGE within 30 days The Village Manager may authonze and approve reasonable and necessary expenses not to exceed $4,000 annually 3 TERM The term of this Agreement commences on October 15 2003 and is for a duration of one (1) year expinng on October 14 2004 unless terminated pursuant to paragraph 7 or extended pursuant to paragraph 9 1 4 GENERAL TERMS AND CONDITIONS All work papers and documents 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 ASSIGNMENT This Agreement shall not be assignable by the CONSULTANT 6 PROHIBITION AGAINST CONTINGENT FEES The CONSULTANT warrants that it has not employed or retained any company or person, other than a bonafide 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 continent upon or resulting from the award or making of this Agreement. 7 TERMINATION This Agreement may be terminated by the VILLAGE upon ten days wntten notice with or without cause or by the CONSULTANT upon 45 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 of this contract for all acceptable work performed up to the date of termination 8 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 9 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 10 WARRANTIES OF CONSULTANT The CONSULTANT hereby warrants and represents that all times dunng the term of this 2 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 CONSULTANT shall furnish proof that it has Professional Liability Insurance in an amount no less than $500 000 per occurrence 11 ATTORNEY'S FEES In connection with any litigation ansmg out of tlus 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 CONSULTANT shall be in wasting and shall be deemed to have been properly given if transmitted by registered or certified mail or hand dehvery 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 Flonda 33149 With a copy to Village Attorney Weiss Serota & Helfinan Pastonza Guedes Cole & Bomske P A 2665 South Bayshore Drive Suite 420 Miami Flonda 33133 Conchita H Alvarez Village Clerk 88 West McIntyre Street Key Biscayne Florida 33149 CONSULTANT Fausto B Gomez Gomez Barker Associates Inc 2350 Coral Way Suite 301 Miami Flonda 33145 3 0 13 GOVERNING LAW This Agreement shall be construed in accordance with the laws of the State of Honda 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 Gomez Barker Associates Inc 2350 Coral Way Smte 301 Miami Flonda 33145 By ` Fausto B Gomez Gomez Barker Associates Inc Attest 4 VILLAGE Village of Key Biscayne 88 West McIntyre Street Key Biscayne Flonda 33149 By By lerk OVED AS TOLE Village Attome AL SUFFICIENCY 0 RESOLUTION NO 2003 32 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, ADOPTING THE FINAL MILLAGE RATE OF THE VILLAGE OF KEY BISCAYNE FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2003 THROUGH SEPTEMBER 30, 2004 PURSUANT TO FLORIDA STATUTE 200 065 (TRIM BILL), PROVIDING FOR AN EFFECTIVE DATE WHEREAS pursuant to Section 200 065 of the Flonda Statutes the Property Appraiser has made tax assessments for all real property within the junsdiction of the Village of Key Biscayne and WHEREAS on July 1 2003 the Village Council adopted Resolution No 2003 23 determining the Proposed Millage Rate for the fiscal year commencing October 1 2003 and further scheduled the public hearings required by Section 200 065 of the Flonda Statutes to be held on September 9 and 23 2003 at 7 00 p m and l �r WHEREAS the public hearmgs as required by Section 200 065(2) (c) and (d) were held by the Village Council on September 9 and 23 2003 commencing at 7 00 p m as previously noticed and the public and all interested parties having had the opportunity to address their comments to the Village Council and the Village Council having considered the comments of the public regardmg the final millage rate and having complied with the ' TRIM requirements of the Florida Statutes NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE, FLORIDA AS FOLLOWS Section 1 That the final millage rate for the Village of Key Biscayne for the fiscal year commencing October 1 2003 through September 30 2004 be and is hereby fixed at the rate of 3 606 nulls which is $3 606 dollars per thousand dollars of assessed property value within the Village of Key Biscayne Section 2 That the rolled -back rate is 3 392 mills and the final millage rate is 3 606 rills which is 6 309 % percent over the rolled back rate Section 3 This resolution shall be effective immediately upon its adoption by the Village Council PASSED AND ADOPTED this 23rd day of September 2003 z i/CcewGv L_=. MAYOR ROBERT OLDAKOWSKI dame HTTA H ALVAREZ CMC VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIEN VILLAGE ATTORNEY 0 RESOLUTION NO 2003 31 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, ADOPTING THE PROPOSED MILLAGE RATE OF THE VILLAGE OF KEY BISCAYNE FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2003 THROUGH SEPTEMBER 30, 2004 PURSUANT TO FLORIDA STATUTE 200 065 (TRIM BILL), SETTING A DATE FOR A FINAL PUBLIC HEARING TO ADOPT THE MILLAGE RATE, PROVIDING FOR AN EFFECTIVE DATE WHEREAS on July 1 2003 the Village Council adopted Resolution No 2003 23 determining the Proposed Millage Rate for the fiscal year commencing October 1 2003 and further scheduled the public hearing required by Section 200 065 of the Flonda Statutes to be held on September 9 2003 at 7 00 p m and WHEREAS, the Property Appraiser has properly noticed the pubhc hearing scheduled for September 9 2003 at 7 00 p m at 560 Crandon Boulevard Key Biscayne Florida, as required by Chapter 200 of the Flonda Statutes and WHEREAS said public heanng as required by Section 200 065(2)(c) was held by the Village Council on September 9 2003 commencing at 7 00 p m as previously noticed and the public and all interested parties having had the opportunity to address their comments to the Village Council and the Village Council having considered the comments of the pubhc regarding the proposed millage rate and having comphed with the ' TRIM requirements of the Florida Statutes NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE, FLORIDA AS FOLLOWS F it I Section 1 That the proposed millage rate for the Village of Key Biscayne for the fiscal year commencing October 1 2003 through September 30 2004 be and is hereby fixed at the rate 3 606 mills which is $3 606 dollars per $1 000 00 of assessed property value within the Village of Key Biscayne Section 2 That the rolled back rate is 3 392 mills and the proposed millage rate is 3 606 mills which is 6 309 % over the rolled back rate Section 3 That a final public hearing to adopt a millage rate and budget for the fiscal year commencing October 1 2003 through September 30 2004 be and is hereby set at the Council Chamber 560 Crandon Boulevard Key Biscayne Florida on Tuesday September 23 2003 at 7 00 pm Section 4 That the Village Clerk be and is hereby directed to advertise said public hearing as required by law Section 5 That this resolution shall be effective immediately uponadoption PASSED AND ADOPTED this 9th day of September 2003 C • CHITA H ALVAREZ CMC VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENC VILLAGE ATTORNEY 2 4at v{ L2 MAYOR ROBERT OLDAKOWSKI 0 RESOLUTION NO 2003 30 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, RECOMMENDING THAT THE MIAMI DADE BOARD OF COUNTY COMMISSIONERS RECONSIDER AND RESCIND THE JULY 22, 2003 SECOND AMENDMENT TO THE AMENDED AND RESTATED LEASE BETWEEN MIAMI- DADE COUNTY AND MARINE EXHIBITION CORPORATION D/B/A THE MIAMI SEAQUARIUM, PROVIDING FOR AN EFFECTIVE DATE WHEREAS on July 22 2003 the Miami Dade County Board of County Commissioners approved the Second Amendment to the Amended and Restated Lease between Miami Dade County and Manne Exhibition Corporation and WHEREAS the Key Biscayne Village Council believes that the lease is not m the best interest of the residents of the Village of Key Biscayne NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS Section 1 The Village Council of the Village of Key Biscayne urges the Miami Dade County Board of County Commissioners to reconsider and rescind the July 22 2003 Second Amendment to the Amended And Restated Lease between Miami Dade County and the Miami Seaquanum Section 2 This resolution shall become effective immediately upon its adoption PASSED AND ADOPTED this 26th day of August 2003 rh L -__ MAYOR ROBERT OLDAKOWSKI CONCHITA H ALVAREZ CMC VILLAGE CLE APPROVED AS TO FORM AND LEGAL SUFFICIE r VILLAGE ATTORNEY RESOLUTION NO 2003 29 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, ADOPTING GOVERNOR JEB BUSH'S COMMUNITIES FOR A LIFETIME INITIATIVE IN ORDER PROVIDE THE IDEAL CLIMATE IN WHICH RESIDENT SENIORS REMAIN INDEPENDENT IN THEIR OWN COMMUNITIES, PROVIDING FOR AN EFFECTIVE DATE WHEREAS Florida residents age 60 or older make up 23 percent of the current population of the state comprising the highest percentage of elders hvmg in any state of the nation and WHEREAS the Communities for a Lifetime nutiative was established in an effort to create a safer more friendly environment for the seniors of our state and WHEREAS to date some 64 cities and counties have adopted the Communities for a Lifetime initiative in an effort to better enable our older residents to live with security and independence and WHEREAS Miami Dade CountyhasJoined this list of conmiumties committed to preparmg for the Future tl T, NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE AS FOLLOWS Section 1 That the Village of Key Biscayne will participate in the Communities for a Lifetime initiative m order to provide our seniors with the opportunity to age in place with dignity security purpose and in an elder friendly environment Section 2 This resolution shall take effect immediately upon adoption PASSED AND ADOPTED this 26th day of August , 2003 `Psls6e V , 4/42A, P MAYOR ROBERT OLDAKOWSKI CONCHTTA ALVAREZ CMC VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIE VILLAGE ATTORNEY RESOLUTION NO 2003-28 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING RESOLUTION 200110 WHICH IMPLEMENTED THE EXEMPTION FROM NOISE REGULATIONS FOR THE VILLAGE'S CIVIC CENTER PROJECT PURSUANT TO SECTION 17 5(B)(2) OF CHAPTER 17 "NOISE" OF THE VILLAGE CODE, SO AS TO MODIFY THE CONDITIONS OF SUCH EXEMPTION FOR THE COMMUNITY CENTER BASEMENT LEVEL CONSTRUCTION, PROVIDING FOR EFFECTIVE DATE WHEREAS the Village Council desires to revise the provisions of Resolution No 2001 10 which implemented a limited exemption from noise regulations for the Village s Civic Center Project (Resolution No 200110 described the Project as including the Community Center Administration/Police Station Fire Station Council Chamber/Commu ity Theatre Parking Garage and associated infrastructure) as authorized by Section 17 5(17)(2) of the Village Code as provided herein and WHEREAS the Village Council has held a public hearing prior to the adoption of this Resolution NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS Section 1 That Section 1 of Resolution No 2001 10 is hereby amended to read as follows' A Exemption That pursuant to Section 17 5(b)(2) of the Village Code the regulations of Chapter 17 Noise' of the Village Code shall not be applicable to or enforced against the Village Civic Center Project (the Project) from the date of issuance of the notice to proceed for any component of the Project until the completion and final acceptance of the entire Project subject to comphance with each of the following conditions 1 / Underlmed text mdicates addition to provisions of Section 1 of Resolution No 2001 10 1 Construction activities are not permitted on Sundays or Holidays 2 The creation of loud or excessive noise for the Project is permitted on Saturdays between 9 00 a m. and -7 00 p m and Monday through Friday between the hours of 7 00 am to 7 00 pm Loud or excessive noise during hours not listed in this subsection is prolnbrted 3 Construction activities for the Project are conducted in a manner which mitigates any adverse impact of noise upon propel lies adjacent to the area of construction m comphance with any noise mitigation measures requiredby the Village's building official 4 The construction of the Project complies with building permit conditions The conditions provided above in paragraphs 1 44 inclusive, shall not be applicable to the pouring and installation of the concrete for the basement level of the Commumty Center component of the Project B Revocation of Exemption The exemption shall be revoked by the Village Manager after five days notice and an opportunity to be heard is provided to the contractor for the Project if 1 The Project contractor fails to comply with the conditions set forth in (A) above or promptly fails to abate any incident of non-compliance as directed by the Village Manager or 2 The Village Manager finds that the construction activities may tend to create a nuisance by unreasonably disturbing the occupants of other premises if the exemption is continued 0 C Violation Any violation of the conditions of this Resolution shall cause a waiver of' the exemption provided by this Resolution and shall constitute a violation of Chapter 17 of the Village Code Section 2 Effective Date That this Resolution shall be effective immediately from and after adoption hereof and shall serve to amend Resolution No 2001 10 as indicated heremabove PASSED AND ADOPTED this 26th day of August 2003 /Loct/etc MAYOR ROBERT OLDAKOWSKI 2 0 boy I s 1/Gacid HITA H ALVAREZ CMC VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIEN 1111 VILLAGE ATTORNEY 103001\res 1 eons\ pereeth g no sere 1 no 2001 10 3 1 RESOLUTION NO 2003 27 A CAPITAL PROJECT AUTHORIZING RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING ACQUISITION OF NEW FIREARMS FOR POLICE OFFICERS OF THE VILLAGE'S PUBLIC SAFETY DEPARTMENT, DECLARING USED FIREARMS OWNED BY THE VILLAGE TO BE SURPLUS AND AUTHORIZING THE VILLAGE MANAGER TO PROVIDE FOR THE DISPOSITION OF SUCH SURPLUS PROPERTY, PROVIDING FOR EFFECTIVE DATE WHEREAS the Village Council desires to authonze the Village Manager to acquire equipment for the Public Safety Department consisting of new firearms for Village police officers and r WHEREAS the Village Council desires to declare used firearms owned by the Village which are being replaced by the new firearms authorized herein to be disposed of as surplus property in accordance with procedures of the Village Manager including authonzation for the sale of said surplus firearms to police officers 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 recitals stated above is hereby adopted and confirmed Section 2 Acquisition of Equipment Authorized That the Village Manager is hereby authorized to acquire new firearms for the use of police officers of the Village's Public Safety Department, at a cost not to exceed the cost set forth in the Village Manager's memorandum which accompanies this resolution Funding shall be as indicated m such memorandum Section 3 Surplus Property That each of the firearms owned by the Village which are fisted on Exhibit A' attached hereto and incorporated herein have become obsolete have outlived their usefulness have become inadequate for the public purposes for which they were intended or are no longer needed for public purposes as having been replaced by the acquisition of new firearms and accordingly are hereby declared by the Village Council to be surplus personal property of the Village Section 4 Disposal Authorized That pursuant to Section 3 above the Village Manager is hereby authonzed to sell or dispose of each of the used firearms by sale to pohee officers of the Village or by trade in credit for the new firearms purchased by the Village pursuant to Section 2 hereof or by other procedures estabhshed by the Village Manager Any sales of firearms to Village pohce officers shall be subject to the restrictions established by the Public Safety Department Section 5 Implementation That the Village Manager is authorized to take any and all action necessary to implement this resolution and the purposes hereof Section 6 Effective Date. That this resolution shall become effective immediately upon adoption hereof PASSED AND ADOPTED this 26th day of August 2003 / o C isles CONCHITA H ALVAREZ CMC VILLAGE CLERK APPROVEDVEAS TO FORM AND LEGAL SUFFICIENC R U`� G1 1 1A4- `"1 VILLAGE ATTORNEY 103001/r solutions/authonzt g a qurs n of w fi ann fo poi cc fRc rs 2 MAYOR ROBERT OLDAKOWSKI 0 Section 3 Surplus Property That each of the firearms owned by the Village which are hsted on Exhibit 'A attached hereto and incorporated herein have become obsolete have outhved their usefulness have become inadequate for the public purposes for which they were intended or are no longer needed forpubhc purposes as having been replaced by the acquisition of new firearms and accordingly are hereby declared by the Village Council to be surplus personal property of the Village Section 4 Disposal Authorized That pursuant to Section 3 above the Village Manager is hereby authorized to sell or dispose of each of the used firearms by sale to police officers of the Village or by trade in credit for the new firearms purchased by the Village pursuant to Section 2 hereof or by other procedures estabhshed by the Village Manager Any sales of firearms to Village police officers shall be subject to the restrictions established by the Public Safety Department Section 5 Implementation That the Village Manager is authonzed to take any and all action necessary to implement this resolution and the purposes hereof Section 6 Effective Date That this resolution shall become effective immediately upon adoption hereof PASSED AND ADOPTED this _ day of August 2003 ATTEST CONCHITA H ALVAREZ CMC VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY VILLAGE ATTORNEY 103001/resoluhons/autonzmg acquisMon of new firearms for pol e officers MAYOR ROBERT OLDAKOWSKI 2 EXHIBIT "A KEY BISCAYNE POLICE DEPARTMENT WEAPONS LIST MAKE NUMBER SERIAL NUMBER Sig Sauer 9mm 1 U488834 2 U490048 3 U490049 4 U490050 5 11490051 6 U490052 7 U490053 8 U490054 9 13390055 10 U490056 11 ;7490057 12 U490058 Smith & Wesson 1 t TZH2448 Beretta 9mm 1 BER266338Z 2 BEB266281Z 3 BER266284Z 4 BER266286Z 5 BEE266289Z 6 BER266290Z 7 BER266300Z 8 BER266351Z 9 BER2663241Z 10 BER266327Z 11 BER266315Z 12 s'139Z 13 E91540Z 14 E915412 15 E915S2Z 16 E91573Z 17 E91582Z 18 7 E94991Z 19 E95008Z 20 BER346930Z 231 BER346931Z 22 BER346932Z 23 BER346933Z 24 BER346934Z 25 BER346935Z 26 BER346936Z 27 BER346937Z Cougar 28 00627MC 29 009831MC 30 016367MC Cheetah 31 G12095Y 32 G121014 33 G12096Y 34 G12097Y 35 G12098Y RESOLUTION NO 2003 26 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO APPROVE THE ATTACHED AGREEMENT ON BEHALF OF THE VILLAGE WITH FIRST SOUTHWEST COMPANY FOR FINANCIAL SERVICES, PROVIDING FOR AN EFFECTIVE DATE WHEREAS the Village wishes to conduct ongomg analytical reviews of its financial reports and will have under consideration from time to time the authorization and issuance of mdebtedness m amounts and forms which cannot presently be determined and m connection with the ongomg analytic reviews and the authorization sale issuance and delivery of such indebtedness Village desires to retam an independent financial advisor and WHEREAS the Village desires to obtain the professional services of First Southwest Company to perform ongoing analytical reviews of the Village s financial reports and to advise the Village regardmg the issuance and sale of certain evidences of indebtedness or debt obligations that may be authonzed and issued or otherwise created or assumed by the Village (hereinafter referred to collectively as the Debt Instruments ) from time to time during the period in which this Agreement shall be effective and NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE AS FOLLOWS Section 1 That the Village Manager is hereby authorized to execute the attached agreement with First Southwest Company Section 2 The Consultant shall perform ongoing analytical reviews of the Village s financial reports and advise the Village regarding the issuance and sale of certain evidences of indebtedness or debt obligations that may be authorized and issued or otherwise created or assumed by the Village The analytical reviews and advisements will be accomplished m a manner to strengthen the Village s financial and long term planning capabilities Section 3 This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this Ist day of July 2003 MAYOR ROBERT OLDAKOWSKI AT iaew HITA H ALVAREZ CHIC VILLAGE CLERK APPROVED AS TO FO VILLAGE ATT LEGAL SUFFICIENCY FINANCIAL ADVISORY AGREEMENT This Financial Advisory Agreement (the Agreement ) is made and entered into by and between the Village of Key Biscayne Florida ( Village ) and First Southwest Company ( FSC ) effective as of the date executed by the Village as set forth on the signature page hereof WITNESSETII WHEREAS the Village wishes to conduct ongoing analytical reviews of its financial reports and will have under consideration from time to tune the authorization and issuance of indebtedness in amounts and forms which cannot presently be determined and m connection with the ongoing analytic reviews and the authorization sale issuance and dehvery of such indebtedness Village desires to retain an independent financial advisor and WHEREAS the Village desires to obtain the professional services of FSC to perform ongoing analytical reviews of the Village s financial reports and to advise the Village regardmg the issuance and sale of certain evidences of indebtedness or debt obligations that may be authorized and issued or otherwise created or assumed by the Village (hereinafter referred to collectively as the Debt Instruments ) from time to tune during the penod in which this Agreement shall be effective and WHEREAS FSC is willing to provide its professional services and its facilities as financial advisor m connection with the ongoing analytical review of the Village s financial reports and all programs of financing as may be considered and authorized by Village during the penod m which this Agreement shall be effective NOW THEREFORE the Village and FSC in consideration of the mutual covenants and agreements herem contained and other good and valuable consideration do hereby agree as follows SECTION I Scope of Services Fr` FSC agrees to perform the financial advisory services stated m the following provisions of this Section I and for having rendered such services the Village agrees to pay to FSC the compensation as provided in Section V hereof 1 Services Related to Ongoing Analytical Review On a monthly basis FSC will perform a top side review of the Village s financial reports and other financial mformation to advise the Village Manager on areas of opportunity or concern, These analytical reviews and advisements will be accomplished m a manner to strengthen the Village s financial and Iong-term planning capabihties 2 Services Related to Debt Issuances A) Fmancial Planning At the direction of Village FSC shall 1 Survey and Analysis Conduct a survey of the financial resources of the Village to determine the extent of its capacity to authorize issue and service any Debt Instruments contemplated This survey will mdude an analysis of any existmg debt structure as compared with the existing and projected sources of revenues which may be pledged to secure payment of debt service and where appropriate will mcIude a study of the trend of the assessed valuation taxing power and present and future taxing requirements of the Village In the event revenues of existing or projected facilities operafed by the Village are to be pledged to repayment of the Debt Instruments then under consideration the survey will take into account any outstanding indebtedness payable from the revenues thereof additional revenues to be available from any proposed rate increases and additional revenues as projected by consulting engineers employed by the Village resulting from nnpro'ven1enfs to be financed by the Debt Instruments under consideration 2 Future Financings Consider and analyze future financing needs as projected by the Village's staff and consulting engineers or other experts if any employed by the Village 3 Recommendations for Debt Instruments On the basis of the information developed by the survey described above and other information and experience available submit to the Village recommendations regardmg the Debt Instruments under consideration including such elements as the date of issue interest payment dates schedule of principal matunties options of pnor payment security provisions and such other provisions as may be appropnate m order to make the issue attractive to investors while achieving the objectives of the Village All 2 recommendations will be consistent with the goal of designing the Debt Instruments to be sold on terms which are advantageous to the Village mcludmg the lowest interest cost consistent with all other considerations 4 Market Information Advise the Village of our mterpretation of current bond market conditions other related forthcoming bond issues and general information with econonuc data which might normally be expected to mfluence mterest rates or biddmg conditions so that the date of sale of the Debt Instruments may be set at a favorable time 5 Elections In the event it is necessary to hold an election to authorize the Debt Instruments then under consideration FSC will assist m coordinating the assembly of such data as may be required for the preparation of necessary petitions orders resolutions ordinances notices and certificates m connection with the election mcludmg assistance m the transmission of such data to a firm of municipal bond attorneys ( Bond Counsel ) retained by the Village B) Debt Management and Financial Implementation At the direction of the Village FSC shalt Method of Sale Evaluate the particular financing bemg contemplated givmg consideration to the complexity market acceptance rating size and structure in order to make a recommendation as to an appropriate method of sale and. 1 If the Debt Instruments are to be sold by an advertised competitive sale FSC will (a) Supervise the sale of the Debt Instruments reserving the right alone or in conjunction with others to submit a bid for any Debt Instruments issued under this Agreement which the Village advertises for competitive bids however m keeping with the provisions of Rule G-23 of the Municipal Securities Rulemakmg Board FSC will request and obtain wntten consent to bid prior to submitting a bid m any instance wherein FSC elects to bid for any installment of such Debt Instruments 3 II o (b) Disseminate mformation to prospective bidders organize such informational meetmgs as may be necessary and facihtate prospective bidders efforts m making timely submission of proper bids (c) Assist the staff of the Village m coordinating the receipt of bids the safekeeping of good faith checks and the tabulation and comparison of submitted bids and (d) Advise the Village regarding the best bid and provide advice regarding acceptance or rejection of the bids 2 If the Debt Instruments are to be sold by negotiated sale FSC will (a) Recommend for the Village s fmal approval and acceptance one or more investment banking firms as managers of an underwriting syndicate for the purpose of negotiating the purchase of the Debt Instruments (b) Cooperate with and assist any selected managmg underwnter and their counsel m connection with their efforts to prepare any Official Statement or Offering Memorandum FSC will cooperate with and assist the underwriters in the preparation of a bond purchase contract an underwriters agreement and other related documents The costs incurred m such efforts mcludmg the prmting of the documents will be paid m accordance with the terms of the Village s agreement with the underwriters but shall not be or become an obhgation of FSC except to the extent specifically provided otherwise m this Agreement or assumed in wasting by FSC. (c) Assist the staff of the Village m the safekeeping of any good faith checks to the extent there are any such and provide a cost comparison for both expenses and interest which are suggested by the underwriters to the then current market (d) Advise the Village as to the fairness of the price offered by the underwriters 4 0 0 C Offering Documents Coordinate the preparation of the notice of sale and bidding instructions official statement official bid form and such other documents as may be required and submit all such documents to the Village for exanunation approval and certification After such examination approval and certification FSC shall provide the Village with a supply of all such documents sufficient to its needs and distribute by mail or where appropriate by electronic delivery sets of the same to prospective purchasers of the Debt Instruments Also FSC shall provide copies of the final Official Statement to the purchaser of the Debt Instruments m accordance with the Notice of Sale and Bidding Instructions D Credit Ratings Make recommendations to the Village as to the advisability of obtammg a credit rating or ratings for the Debt Instruments and when directed by the Village coordinate the preparation of such information as may be appropnate for submission to the rating agency or agencies In those cases where the advisability of personal presentation of information to the rating agency or agencies may be mdncated FSC will arrange for such personal presentations utilizing such composition of representatives from the Village as may be finally approved or directed by the Village E Trustee, Paying Agent, Registrar Upon request counsel with the Village in the selection of a Trustee and/or Paying Agent/Registrar for the Debt Instruments and assist m the negotiation of agreements pertinent to these services and the fees mcidentthereto F Financial Publications When appropriate advise financial publications of the forthcoming sale of the Debt Instruments and provide them with all pertinent information. G Consultants After consulting with and recewmg directions from the Village arrange for such reports and opuuons of recognized mdependent consultants as may be appropriate for the successful marketmg of the Debt Instruments 14 Auditors In the event formal verification by an independent auditor of any calculations mcident to the Debt Instruments is required make arrangements for such services I Village Meetmgs Atterid meetings of the governmg body of the Village its staff representatives or committees as requested at all times when FSC may be of assistance or service and the subject of financing is to be discussed j Printing To the extent authorized by the Village coordmate all work mcident to printing of the offering documents and the Debt Instruments K Bond Counsel Maintain Raison with Bond Counsel in the preparation of all legal documents pertaining to the authonzation sale and issuance of the Debt Instruments L Changes in Laws Provide to the Village copies of proposed or enacted changes m federal and state laws rules and regulations havmg, or expected to have a significant effect on the mumcipal bond market of which FSC becomes aware m the ordinary course of its busmess it being understood that FSC does not and may not act as an attorney for or provide legal advice or services to the Village' M Delivery of Debt Instruments As soon as a bid for the Debt Instruments is accepted by the Village coordinate the efforts of all concerned to the end that the Debt Instruments may be dehvered and paid for as expeditiously as possible and assist the Village m the preparation or verification of final closing figures incident to the delivery of the Debt Instruments N Debt Service Schedule, Authonzmg Resoluhon After the closing of the sale and delivery of the Debt Instruments deliver to the Village a schedule of annual debt service requirements for the Debt Instruments and m coordination with Bond Counsel assure that the paying Trustee and/or Paying Agent/Registrar has been provided with a copy of the authonzmg ordinance order or resolution SECTION H OTHER AVAILABLE SERVICES In addition to the services set forth and described m Section I herein above FSC agrees to make available to Village the following services when so requested by the Village and subject to the agreement by Village and FSC regarding the compensation if any to be paid for such 0 0 0 6 services it being understood and agreed that the services set forth m this Section II shall require further agreement as to the compensation to be received by FSC for such services 1 Investment of Funds From time to time as an mcident to the other services provided hereunder as financial advisor FSC may purchase such investments as may be directed and authonzed by the Village to be purchased it being understood that FSC will be compensated in the normal and customary mariner for each such transactions In any mstance wherein FSC may become entitled to receive fees or other compensation m any form from a third party with respect to these investment activities on behalf of the Village we will disclose to the Village the nature and to the extent such is known the amount of any such compensation so that the Village may consider the mformatron m making its investment decision It is understood and agreed that FSC is a duly hcensed broker/dealer and is affihated with First Southwest Asset Management Inc (FSAMI) a duly registered investment advisor The Village may from time to time utihze the broker/dealer services of FSC and/or the investment advisory services of FSAMI with respect to matters which do not mvolve or affect the financial advisory services referenced m this Agreement The terms and conditions of the engagement of FSC and/or FSAMI to provide such services shall be determined by mutual agreement at the time such services are requested 2 Interest Rate Swap or Synthetic Fmancmg Structures Provide advice and assistance with regard to mterest rate swaps or synthetic fmancmg structures 3 Arbitrage Rebate Calculation Services Provide advice and assistance through FSAMI regarding arbitrage rebate calculations Provide advice and assistance regardmg arbitrage rebate calculations The terms and conditions of engagement for these services will require execution of a separate agreement with the Arbitrage Rebate division of FSAMI 4 Contmumg Disclosure Services Provide assistance in complying with continuing disclosure undertakings The terms and conditions of engagement for these services will require execution of a separate agreement with the Disclosure Services division of FSC 5 Investment Advisory Services Provide investment management and other investment advisory services through FSAMI The terms and conditions of engagement for these services will require execution of a separate agreement with FSAMI 7 1 6 Exercising Calls and Refunding Provide advice and assistance with regard to exercising any call and/ or refundmg of any outstanding Debt Instruments 7 Capital Improvements Programs Provide advice and assistance m the development of any capital improvements programs of the Village 8 Long -Range Planning Provide advice and assistance m the development of other long- range financmg plans of the Village 9 Post Sale Services Subsequent to the sale and delivery of Debt Instruments review the transaction and transaction documentation with legal counsel for the Village Bond Counsel auditors and other experts and consultants retained by the Village and assist in developing appropriate responses to legal processes audit procedures mquines mtemal reviews and similar matters SECTION III TERM OF AGREEMENT This Agreement shall become effective as of the date executed by the Village as set forth on the signature page hereof and unless terminated by either party pursuant to Section IV of this Agreement shall remain m effect thereafter for a penod of one (1) year from such date Unless FSC or the Village shall notify the other party in writing at least thirty (30) days m advance of the expiration date that this Agreement will not be renewed this Agreement will be automatically renewed on the first anniversary of the effective date hereof for an additional one (1) year period and thereafter may be further renewed upon mutual written agreement SECTION IV TERMINATION This Agreement may be terminated with or without cause by the Village or FSC upon the giving of at least thirty (30) days' prior written notice to the other party of its intention to terminate specifying m such notice the effective date of such termination. In the event of such termination it is understood and agreed that only the amounts due FSC for services provided and expenses mcurred to the date of termination will be due and payable No penalty will be assessed for termination of this Agreement 8 0 7 SECTION V COMPENSATION AND EXPENSE REIMBURSEMENT 1 In connection to the services rendered by FSC m providing ongoing analytical reviews of the Village s fmancial reports as descnbed m Section I of this Agreement FSC will be paid compensation of $2 000 00 per month except for the first month of such services whereby FSC will be paid $10 000 00 to allow for preparation work The fees for the month shall be due at the end of each month and payable within 30 days after receipt of an invoice therefor submitted by FSC FSC shall be reimbursed for reasonable and necessary expenses for postage copying, long distance telephone calls and travel authonzed by Village subject to the approval of the Village Manager 2 The fees due to FSC for the services set forth and described in Section I of this Agreement with respect to each issuance of Debt Instruments durmg the term of this Agreement shall be calculated in accordance with the schedule set forth on Appendix A attached hereto SECTION VI MISCELLANEOUS 1 Choice of Law This Agreement shall be construed and given effect m accordance with the laws of the State of Florida. 2 Bmdmg Effect, Assignment This Agreement shall be binding upon and inure to the benefit of the Village and FSC their respective successors and assigns provided however neither party hereto may assign or transfer any of its nghts or obhgahons hereunder without the prior wntten consent of the other party 3 Entire Agreement This mstrument contains the entire agreement between the parties relating to the nghts herein granted and obhgahons herein assumed Any oral or written representations or modifications concerning this Agreement shall be of no force or effect except for a subsequent modification m wasting signed by all parties hereto 9 ILI I FIRST SOUTHWEST COMPANY By 21" r f �`G Hill A Femberg Chairman and Chief xecutrve Off' By Edward Marquez esident VILLAGE OF KEY BISCAYNE FLORIDA !lX�l/'��jP Date ��� 10 0 APPENDIX A FEE SCHEDULE Compensation related to the issuance of Debt Instruments The fees due to FSC for the services set forth and described m this Agreement with respect to each issuance of Debt Instruments during the term of this Agreement shall be calculated in accordance with the schedule set forth below Fee(1) Size of Debt Instrument $1 25 per $1 000 For $0 - $20 000 000 of debt instruments issued $1 00 per $1 000 For $20 - $40 000 000 of debt instruments issued $0 75 per $1 000 Over $40 000 000 0) Muumum $17 000 per transaction f In addition FSC will act as sole bidding agent for the structuring and mvestment of certain Debt Instrument proceeds FSC agrees to structure and conduct all bids for any of the funds authonzed by the Debt Instrument documents and to comply with Treasury Regulation 1 148 5 that applies to computing the yield and value of such investments and determine required documentation The successful investment provider shall pay FSC a fee equal to 0 05 percent of the weighted average dollar amount reasonably expected to be invested each year of the investment agreement The fee paid by the wmiung provider will be the only compensation received by FSC m connection with its engagement of a bidding agent The payment of fees for financial advisory services related to Debt Instruments shall be contingent upon the delivery of the debt instruments and shall be due at the tune the Debt Instruments are delivered The payment of fees for other services shall be due and payable in accordance with the mutual agreement therefor between FSC and Village The Village shall be responsible for the following ancillary expenses if and when applicable whether they are charged to the Village directly as expenses or charged to the Village by FSC as reimbursable expenses Bond counsel Disclosure counsel Bond prmtmg Bond ratings Computer structurmg Credit enhancement CPA fees for refunding Official statement preparation and prmtmg Paying agent/registrar/trustee 11 11 I Travel expenses Underwriter and underwriters counsel Miscellaneous including copy delivery and phone charges The charges for ancillary expenses including computer structurmg and official statement prmtmg shall be levied only for those services which are reasonably necessary in completing the transaction and which are reasonable m amount unless such charges were md'ilrred at the specific direction of the Village The payment of reimbursable expenses that FSC has assumed on behalf of the Village shall NOT be contingent upon the delivery of bonds and shall be due at the tune that services ate tendered and payable within 30 days after receipt of an invoice therefor submitted by FSC. If Ifie Village obtains financing from the Honda Municipal Loan Council'(FMLC) Pool Program FSC will provide the Village with a credit on the above refefenced fees related to the issuance of Debt Instruments The amount of the credit will be determmed by talcmg the Village's percentage of the overall bond issue and multiplying it by the fmancial advisory fee obtamed by FSC m conjunction with the total FMLC bond issue Other''Av` ailable Services In addition to the services described in Section I hereof FSC agrees td -make available'to the Village the following services when so requested and pursuant to separate compensation agreements. i 1� Int'erest Rate Swap or Synthetic Financing Structures The Financial Product Provider would be notified prior to any transaction execution of the obhgation to pay FSC a structurmg and negotiating fee as the Village s agent equal to the net present value of 5 basis pomts ( 05%) on the notional principal face of the transaction to be paid within three business days of the dosmg date of the transaction ➢ FSC will quantify anticipated fee with the Village prior to any transaction execution and ➢ Fmancial Products Provider(s) will be required to certify in wntmg the structuring agent fee paid to the Village. 2) Arbitrage Rebate Calculation Services For each year of calculations the Village will be charged $2 000 per bond issue This service requires a separate contractual arrangement with the Arbitrage Rebate division of FSC s affiliate FSAMI 3) Continuing Disclosure Services to 12 Full contmumg disclosure services are billed at $2 500 per year per pledged revenue stream 4) Investment Advisory Services This service entails the ongoing review of mveslment policies development of cash flows for the Village placement and management of Agency investments and monthly reports on investment activity The charge for this service is 10 basis points (0 10 /) per investment transaction apphed against the yield of the investment being purchased. This service requires a separate contractual arrangement with FSC s registered investment advisor affiliate FSAMI 5) Other Miscellaneous Work For other non bond related services beyond those provided for in Section I (1) and compensated for m Section V (1) compensation will be paid on an hourly basis plus reimbursement of expenses FSC s hourly fee schedule is as follows Position Rate per Hour Senor Vice President and above $195 00 Vice President: $170 00 Assistant Vice President $150 00 Analyst $100 00 Adnvrustratrve Staff $ 40 00 Due to the nature of fmannal advisory services and our business FSC bills in half hour increments Fees for non bond related services will be payable within 30 days of receipt of an invoice therefor by FSC F"` 13 RESOLUTION NO 2003-25 A CAPITAL PROJECT AUTHORIZING RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO EXECUTE AN AGREEMENT WITH MEF CONSTRUCTION, INC FOR TRAFFIC CALMING AND IMPROVEMENTS ON GRAPETREE D RIVE, P ROVIDING F OR A N E FFECTIVE DATE WHEREAS pubhc bids were received for the construction of traffic calmmg and improvements on Grapetree Dnve NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE, FLORIDA, AS FOLLOWS Section 1 The Council of the Village of Key Biscayne authorizes the Village Manager to execute the attached agreement with MEF Construction Inc for traffic calming and improvements on Grapetree Drive Section 2 The cost of the traffic calming project will be $149,378 Section 3 That the Agreement is hereby approved and the Village Manager and the Village Attorney are authonzed to execute the Agreement on behalf of the Village and are authorized to take any and all action necessary to implement this Agreement Section 4 This resolution shall take effect immediately upon adoption PASSED AND ADOPTED this 1st day of July 2003 (��`% (1t'l l_ - MAYOR ROBERT OLDAKOWSKI alter A H ALVAREZ CMC VILLAGE CLERK APPROVED AS TO FORM Ai D LEGAL SUFFICIENCY -.-- VII, GE A ORNEY 1 V Rage Council Robert Oldakowska, Mayor Jorge E Mend,a lice May Martha Fdez Leon Broucek Carol Diaz -Castro Mort,mer Fried James L Peters Robert L Vernon V Rage Manager Jacqueline R Menendez Office of the Village Manager DT June 26 2003 TO H. or:ble embers of the Village Council FR "r/ a /Menen Village Manager R Traffic Calming on Grapetree Dnve RECOMMENDATION It is recommended that the Village Council approve the accompanying resolution authorizing the Village Manager to execute the attached agreement between the Village of Key Biscayne and MEF Construction Inc for a traffic calming project on Grapetree Dnve BACKGROUND During the 2002 Budget Workshops Council approved $250 000 under capital improvement to be used for traffic calming and improvements on Grapetree Drive The Village issued a Request for Proposal for this project on May 27 2003 The solicitation yielded three responses that were evaluated by the Public Works Department and Tetra Tech WHS based on the selection criteria established in the RFP MEF Construction Inc submitted the lowest bid and has considerable experience with traffic calming in Key Biscayne The cost of the traffic calming project will be $149 378 88 West McIntyre Street Key Biscayne Honda 33149 (305) 365 5514 • Fax (305) 365 8936 MISSION STATEMENT 'TO PROVIDE A SAFE, QUALITY COMMUNITY ENVIRONMENT FOR ALL ISLANDERS THROUGH RESPONSIBLE GOVERNMENT VILLAGE OF KEY BISCAYNE AGREEMENT FOR SERVICES THIS AGREEMENT made and entered into on the 2-(o day of JLLIN Q_ 2003 by and between the Village of Key Biscayne Dade County Flonda party of the first (heremafter called Village D, and MEF Construction Inc party of the secondpart (Hereinafter called Contractor ) RECITALS The VILLAGE wants to engage the CONTRACTOR to perform certain services as descnbed m accordance with paragraph 1 scope of services to this Agreement ( Specified Services ) The CONTRACTOR wants to provide such Specified Services in connection with the installation of traffic calmmg devices on Grapetree Dnve In consideration of the mutual covenants m 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 Installation of traffic calming devices on Grapetree Dnve See attached Exhibit A 2 FEES _FOR SERVICES The CONTRACTOR agrees to charge the VILLAGE for Specified Services provided in accordance in Exhibit in an amount not to exceed ONE HUNDRED FORTY NINE THOUSAND THREE HUNDRED ANDSEVENTY EIGHT dollars ($149 378 00) 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 increase or decrease the quantity of items installed with appropriate adjustments to the contract price 5 ASSIGNMENT This Agreement shall not be assignable by the CONTRACTOR 1 0 0 0 6 PROHIBITION AGAINST CONTINGENT FEES The CONTRACTOR warrants that it has not employed or retained any company or person other than a bonafide employee 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 continent upon or resulting from the award or making of this Agreement unless approved by the Manager of the Village of Key Biscayne 7 TERMINATION This Agreement may be terminated by the VILLAGE upon ten days written notice with or without cause 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 NONEXCLUSIVE AGREEMENT 0 The services to be provided by the CONTRACTOR pursuant to this Agreement shall be nonexclusive and nothing herein shall preclude the VILLAGE engaging other firms to perform the same or similar services for the benefit of the VILLAGE within the VILLAGE S sole and absolute discretion 9 ENTIRE AGREEMENT The parties hereby agree that this Agreement between the parties This Agreement cannot be amended or modified without the express written consent of the parties 10 WARRANTIES OF CONTRACTOR The CONTRACTOR hereby warrants and represents that all times during the term of this Agreement it shall maintain m 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 he has Worker s Compensation Insurance as required by Chapter 440 Florida Statutes and where applicable coverage for the US Longshoremen s and Harbor Worker s Act and the Jones Act The CONTRACTOR shall also furnish proof that he has Contractual Liability Insurance and Automobile Liability Insurance covenng all owned, non owned and hired vehicles used in connection with this work, in an amount no less than $1 000 000 per Occurrence for Bodily Injury and Property Damage combmed 2 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 shall be in writing and shall be deemed to have properly given if transmitted by registered or certified mail or hand dehvery All notices and communications shall be effective upon receipt. Notices shall be addressed as follows Village With a copy to Contractor Jacqueline R Menendez Village Manager 85 West McIntyre Street Key Biscayne Florida 33149 Village Attorney Weiss Serota & Heitman Pastonza & Guedes P A 2665 South Bayshore Drive Suite 204 Miami Flonda 33133 Concluta H Alvarez Village Clerk 85 West McIntyre Street Key Biscayne Flonda 33149 MEF Construction Inc 782 N W LeJeune Road #640 Miami FL 33126 3 0 0 14 GOVERNING LAW This Agreement shall be construed m accordance with the laws of the State of Flonda IN WITNESS WHEREOF the parties hereto have accepted made and executed this Agreement upon the terns and conditions above stated on the day and year first above wntten CONTRACTOR MEF Construction Inc 782 N W LeJeune Road #640 Miami Flonda 33126 By Attest Vm r cre 4 VILLAGE Village of Key Biscayne 88 West McIntyre Street Key Biscayne Flonda 33149 June 17 2003 Page 1 of 2 Armando Nunez From John Neff IJNeff@whs-inc tom] Sent Wednesday June 25 2003 6 39 AM To VKBPUBWORK@BELLSOUTH.NET Subject key biscayne bid grapetree June 17 2003 Mr Armando Nunez Director Public Works Village of Key Biscayne 88 West McIntyre Street Key Biscayne, FL 33149 Dear Armando VILLAGE OF KEY BISCAYNE — GRAPETREE DRIVE BID REVIEW AND RECOMMENDATION Tetra Tech WHS has reviewed the bids from the three Contractors for the Traffic Calming work on Grapetree Dnve I have attached a spreadsheet that compares the separate bid items The Engmeer's estimate was based on the last 2 projects that involved traffic calming devices on the key An analysis of the bid amounts showed a lot of vanation under individual items For example, the Mobilization line vaned from $2,500 to $36,900 Asphalt removal ranged from $2,528 to $32 000 These vanances make detailed analysis unrehable Overall the average of the three bids was $190 655 40 The average of the 2 lower bids with the engmeer's estimate is $155,380 40 MEF s low bid of $149,378 00, along with his considerable expenence with Traffic Cahmmg at Key Biscayne is the most accurate representation His bid though 20% higher than the estimate may be reflected in increased costs m the past 3 years since the comparison projects were bid Tetra Tech WHS recommends that the project be awarded to MEF 1f you have any questions or comments please let me know Very truly yours, John F Neff 06/25/2003 INVITATION TO BID GRAPETREE DRIVE TRAFFIC CALIVIING DEVICES Invitation to Bidders for the construction of Traffic Calmmg devices on Grapetree Dnve Sealed bids for the construction of traffic calmmg devices on Grapetree Dnve will be received by the Village Clerk Village of Key Biscayne 88 West McIntyre Street Key Biscayne Flonda 33149 until 12 00pm June 13 2003based on plans and specs prepared by TeTraTech WHS at which tune all proposals will be opened and publicly read The work consists of two elevated speed tables buck paver plaza curbing landscapmg and sidewalk repairs Copies of the plans and specs will be available m the Manager s Office at 88 West McIntyre Street Key Biscayne Florida 33149 after May 27 2003 at a charge of $50 00 per set payable by the check or cash to TeTraTech WHS Copies of Bid Documents are non returnable and non refundable A surety performance signed payment bond in an amount equal to one hundred percent (100%) of the contract amount must be submitted within ten (10) calendar days after notification of award A pre bid conference for interested parties will be held at Village Hall in the Building Zoning and Planning Department Conference Room second floor 88 West McIntyre Street Key Biscayne Flonda 33149 at 10 00 am on Monday June 2 2003 Attendance at this conference is mandatory in order to submit a bid for this project All bids shall be submitted in accordance with the invitation to bidders and the plans and specifications The Village of Key Biscayne reserves the right to waive any informahty on any bid, and the Village Manager may reject any and all bids and re advertise the Project Bid Bond KNOW ALL MEN BY THESE PRESENTS that we MEF Construction, Inc 782 N W LeJeune Rd #640, Miami, FL 33126 as Principal hereinafter called the Principal Great American Insurance Company and 2701 Maitland Center Parkway, #125, Maitland, FL 32751 a corporation duly organized under the laws of the State of Ohio as Surety hereinafter called the Surety are held and firmly bound unto Village of Key Biscayne, 88 West McIntyre Street, Village of Key Biscayne as Obhgee heremafter call the Obligee in the sum of Five Percent of Amount Bid (5%) for the payment of which sum well and truly to be made the said Principal and the said Surety bind ourselves our heirs, executors admmistrators successors and assigns jointly and severally firmly by these presents WHEREAS the said Pnmcipal has submitted a bid for Grapetree Drive Traffic Calming, Engineer's Project #8081 00 NOW THEREFORE, ifithe Obligee shall accept the bid of the pnncipal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in the biddmg or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished m the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds if the Principal shall pay to the Obligee the drffereuce not to exceed the penalty hereof between the amount specifiedEin said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said Ind then this obligation shaU be nW1 and void otherwise to remain in full cone and effect Signed and sealed June 13, 2003 Witnesses Great American Insurance Company &ea MEF Construction, Inc By` Michael onet Attorney In Fact and Florida Resident Agent ad; (Seal) 0 0 GREAT AMERICAN INSURANCE COMPANY® Administrative Office 580 WALNUT STREET • CINCINNATI OHIO 45202 • 513 369 5000 • FAX 513 723 2740 The number of persons authorized by this power of attorney is not more than THREE No 017672 POWER OF ATTORNEY %NO\V ALL MItN BY THESE PRESENT'S That the GREAT AMERICAN INSURANCE COMPANY a corporation organized and existing under and by cirri e of the laws of the State of Ohio does hereby nominate constitute and appoint the person or persons named below as true and lawful attorney in fact for it and m its name place and stead to execute m behalf of the said Company as surery any and all bonds imdenalangs and contracts of suretyship or other written obligations m the nature thereof provided that the liability of the said Company on any such bond undenakng or contract of suretyship executed under this authonty shall not exceed the limit stated below Tame MICHAEL A HOLMES GERALD J ARCH MICHAEL BONET Address Limit of Power ALL OF Al 1 FT LAUDERDALE FLORIDA UNLIMITED This Power of Attorney rev okes all previous powers issued m behalf of the anorney(s) m fact named above IN WITNESS WHEREOF the GREAT 4MERIC 4.N INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 31ST day of JANUARY 2003 Attest GREAT AMERICAN INSURANCE COMPANY STATE OF OHIO COUNTY OF HAMILTON ss. DOUGLAS R BOW EN (513-369-3811) On this 31ST day of JANUARY 2003 before me personally appeared DOUGLAS R BOWEN to me known being dui} sworn, deposes and says that he resides m Cincinnati Ohio that he is the Divisional Senior \ace President of the Bond Division of Great American Insurance Company the Company descnbed m and which executed the above instrument that he knows the seal of the said Company that the seal affixed to the said instrument is such corporate seal that it was so affixed by authority of has office under the By Law s of said Company and that he signed his name thereto by like authority 5 ? v This Poa er of Attomev is granted by authority of the following resolutions adopted by the Board of Dnectors of Great Amencan Insurance Company by uaianunous wntten consent dated March 1 1993 RESOLVED Thar the Division President the several Drvu,on Vice Presid tit and Assistant 14c Presidents or any one of th m, be and hereby u authorized from time to nine to appoint one or mo e ATomevs in Fact to execute on bena¢ of the Compai y as surety, any and all bonds undertakings and ontractt of sz reety sh p o other wntten obligations in the nano the eof to ptrscnb the, respect: e aunes ana the r specttve tun is 0 their authority ana to image any such appointment at any time. RESOLVED FURTHER Thar the Companv seal and the signature of any of the aforesaid officers and any S c tart' or 4sarstant Secretary of the Company may be affixed by facsim le to any purser of a tome) or certificate c either rven foz the execution o any bond undertaking contract o su etyshzp or others n#en obl,ganon m the nature themof i eh signature and seal when so used being hereby adopted by the Company as the ong nal sr naure of such affzc r and the anginal seal of the Company to be valid and binding upon the Company with the same fore and effect as though manually affixed. CERTIFICATION I RONALD C HAYES Assistant Secretary of Great Amencan Insurance Conrpa y do hereby certify that the foregoing P w of Attorney and the Resolutions of the Board of Directors of March 1 1993 have not been revoked and an. ow in full force and effect Signed and sealed thi 13th day of June 2003 S 1029T(11 01) TERRORISM COVERAGE RIDER NOTICE -DISCLOSURE OF TERRORISM COVERAGE AND PREMIUM The Terrorism Risk Insurance Act of 2002 establishes a program within the Department of the Treasury under which the federal government shares with the insurance mdustry the risk of loss from future terronst attacks The Act applies when the Secretary of the Treasury certifies that an event meets the definition of an Act of Terrorism. The Act provides that to be certified, an Act of Terrorism must cause losses of at least five million dollars and must have been committed by an individual or individuals acting on behalf of any foreign person or foreign interest to coerce the government or population of the United States To be attached to and form part of Bond No N/A (Bid) ,effective 6/13/03 In accordance with the Terronsm Risk Insurance Act of 2002 we are providing this disclosure notice for bonds on which Great Amencan Insurance Company its affiliates (mcludmg but not hmited to Great Amencan Alhance Insurance Company Great American Insurance Company of New York and Great Amencan Assurance Insurance Company) is the surety The United States Government Department of the Treasury will pay a share of terrorism losses insured under the terms of the Act The federal share equals 90% of that portion of the amount of such insured losses that exceeds the applicable insurer retention. This Coverage Part/Pohcy covers certain losses caused by terronsm. In accordance with the Federal Terrorism Risk Insurance Act of 2002 we are required to provide you with a notice disclosing the portion of your premium if any attributable to the coverage arising from losses for Terrorist Acts Certified under that Act The portion of your annual premium that is attributable to coverage for Terrorist Acts Certified under the Act is $ 00 1 )(A' Li 4 PROPOSAL QUESTIONNAIRE The following shall be completely filled m by each Bidder The undersigned guarantees the truth and accuracy of all statements and answers herem contamed 1 How many years has your organization been in busmess as a general contractor? 2 List any pubhc works contracts you have performed with any governmental agency havmg a value m excess of $200 /«2 0 0 000 within hL the last ten years ,pja AMts R Ctto � -4PoSanoA,t,— Q-cv- Ck%3L S ANnzeotz 'T{ep,i-Fit CLytt0%-Kt"-( C61.5e,6rrN e. F-t;e0 b., OOP 14 fR:o Veiste rs - 1tei ? assn-yxJ6 Aribio o Stpeu &L-4 —Cent or tPrM/ $59loco s= 4 kO'b 000II 4c,z&t oo or- 4-Gsyboo ao 3 Were all contracts hsted in No 2 above completed within the time period without extensions? \StE.s 4 Were hquidated damages mcurred by the contractor for non timely completion and, the extent to which additional time extensions were granted on all contracts that were not so timely completed. P5 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 5 Was the Surety on any Public Works bond ever notified that the Bidder was in default m the performance of such contracts and if such default notice was so given please mdicate m detail how much claun default was resolved — No 6 Indicate the number of times m which arbitration or litigation ensued from any Public Works contract within the last ten years as well as the result of such arbitration of litigation (Le whether the same was settled or resolved by trial and who prevailed between the Bidder and the governmental agency involved) — NOOg 7 Please provide a history of similar projects you have completed, other than those listed in No 2 above, including project name owner value of work performed percentage completed \4tst VtAsi-tt' } `C -RAMC - jtnscayisoG 446 .134:0170 k0 k3co,$ loo' T L*►As 2 irtnfac CAuM w - \ 't uayi i L-AIiaMPc /)u 4znotooe i4 < Ulm 4\ticiverz `1-W+c-fg_ uou-A so -vet s at - ,tea% NN.u4.--e. 4 212,01 e l00% ra tc)nN M) h kcPc itQ3° o 4E— CORN- C' MSIe9—^Igri SiNtiliStak gS°, OOp n(obt ecN What is the last project of this nature that you have completed? SAN 1haa.i4o-0 Srt*ra -P € sl`2ti t lb`l lGtcxir 9 Have you ever failed to complete work awarded to your If so where and why2 $J P6 Q 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I 10 The following are named as three corporations or mdividuals for which you have performed work and to which you refer ILt.A.E3'E. cf Cl6 Tc-_,ISGCyIJ6. err/ o; Ceicau ApLES Crr-c I' A -m. 11 Will you sublet any part of this work9 I so give subcontractor s name and which portion of work to be sublet. t'J m - 12 What equipment do you own that is available for the work9 j5itoecarr fl3, " \C OE CA -se slot.) 9ur9'i - Aso Bq"tz.acV_ J PtMt Cctt'Q,n-c`iti1Z l blew SAW 13 What equipment will you purchase for the proposed works 14 What equipment will you rent for the proposed works LL.ETS `V\ron- ro 2y) P7 1 1 1 1 1 1 1 1 15 The following is given as a summary ofthe financial statement of the undersigned (list assets and liabilities and use insert sheet if necessary) $' E 1Wrprca c1Nx ucem. ST ereitgi,S1- 16 State the true exact, correct and complete name of the partnership corporation or trade name under which you do busmess and the address of the place of busmess (If a corporation state the name of the president and secretary If a partnership state the names of all partners Ifa trade name state the names of the mdividuals who do busmess under the trade name) It is absolutely necessary that this information be furnished i4E.F Coos ucnoN (Correct Name of Bidder) (a) The business is a QORTh (LATl pN (k The address of the principal place of busmess is x BZ NW 42 AVE Sv ftt Ccq-O Kirkti) L 334.2G (c) The names of corporate officers or partners or individuals domg busmess under a trade name are as follows %�/4CL114 E OCA) Pc PRtSto€nfT T 7+Su1ttYt c -A -14A - \ ice Pf sW — Stratke P8 (Bidder) 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 SCHEDULE OF BID ITEMS Item No Description Umt Estimated Quantity Umt Cost Total Grapetree Dnve Traffic Calming 101 1 Mobilization LS 1 2,5'004° #2,S00 °S - 101 2 Indenmtfication LS $25 00 $25 00 101 3 Performance and Payment Guaranty & Insurance LS 1 3,bob 3,000 102 1 Maintenance of Traffic LS 3ifloo 3,0oo 110 1 Cleanng and Gnibbmg LS 1 3 oozy" t 4 3,000 os 110-4 Remove Existing Asphalt Street SY 1600 413 so 160-4 12 Stabilized Subgrade SY 200 43,3co0 sa 200 1 210-1 210 IA Limerock Base Rework Limerock Base Circle Rework Limerock Base — Speed Tables SY SY SY 140 400 133 . 9, 4;(200 210 1B Rework Limerock Base Intersection Extra Limerock Base Material SY 125 4 9, 325 °- 210 2 TON 80 +2o= A i c000 )-P- 331 1 Type 3 Asphaltic Concrete 1 '''A SY 200 3i2Dos 390 1 Bnck Pavers SY 700 4 5y-cs 43;12A) °s 520 IA 520 1B Type E Curb &Gutter Key Coral Type E Curb & Gutter Key Coral, Modified LF LF 140 65 2$ 4.2z s Lk A -Mat 19 520 1C 520 ID 520 IF Type 'D Curb Key Coral 12 Concrete Band, Key Coral 24 Concrete Band Key Coral LF LF LF 275 350 128 Azo'. *z45° t LES s' *5,SDor SAS °s S,3 3,9-80 522 1 522 2 700 1 711 1 Remove & Replace 4 Sidewalk Remove & Replace 6 Sidewalk Traffic Signs Thermoplastic Stnpmg SY SY EA SF 84 17 10 500 $Tho Ltso k 5°= 1, 54.0 a Grapetree proposalspc doc052303 P-3 i I 1 1 1 1 1 1 1 1 1 SCHEDULE OF BID ITEMS Item No Descnption Umt Estimated Quanhty Umt Cost Total 7112 Reflective Pavement Marker t EA 48 4, 20 ta- 4 CV= 0 's 800 1 J anilscapmg Allowance LS 1 $16,400 00 $16 000 00 801 1 Relocate Light Pole EA 1 - 4 Sr OOO = 4 `5i 000 2a• 948-1A 4^PVC Sleeves LE 70 .-IZ.-9—* 4 sties TOTAL BID 414 -1 3 ) b, - o 4 r T6T LBIDINWORDS FY4e6 V ' 1UsvO eD 't T^ )/L kIt•fE t-toUs4A1b tM , ,uuoR Sary EIJT-f C141 -(T .fbj-0 Wino . Grapetree-proposalspc doc052303 P4 RESOLUTION NO 2003-24 A CAPITAL IMPROVEMENT PROJECT AUTHORIZING RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING RESOLUTION NO 2003-22 RELATING TO THE FUNDING SOURCE TO CONSTRUCT THE BUS SHELTER ON CRANDON BOULEVARD NORTH OF OCEAN LANE DRIVE, PROVIDING FOR AN EFFECTIVE DATE WHEREAS the bus shelter is presently funded through the Village's Capital Improvement Fund and WHEREAS the regulations which govern the expenditure of funds from the Miami Dade County Peoples Transportation Plan (one Halfpenny sales tax) prevent the fundmg of projects which are already funded NOW, THEREFORE BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS r Section 1 That Section 4 of Resolution No 2003 22 is hereby amended by changing the funding source for the construction of the bus shelter on Crandon Boulevard north of Ocean Lane Dnve from the Miami Dade County Peoples Transportation Plan (one Half penny sales tax) to the Village's Capital Improvement Fund Section 2 This resolution shall take effect immediately upon adoption PASSED AND ADOPTED this 1st day of July 2003 CONCHITA H ALVAREZ CMC VILLAGE CLERK APPROVED AS TO FGIW AND SUFFICIENCY VILLAGE ATTORNE /t0tee-EA(A L2 — MAYOR ROBERT OLDAKOWSKI RESOLUTION NO 2003 23 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, DETERMINING THE PROPOSED MILLAGE RATE, THE CURRENT YEAR ROLLED BACK RATE, AND THE DATE, TIME AND PLACE FOR THE FIRST AND SECOND PUBLIC BUDGET HEARINGS AS REQUIRED BY LAW, DIRECTING THE CLERK AND MANAGER TO FILE SAID RESOLUTION WITH THE PROPERTY APPRAISER OF MIAMI DADE COUNTY PURSUANT TO THE REQUIREMENTS OF FLORIDA STATUTES AND THE RULES AND REGULATIONS OF THE DEPARTMENT OF REVENUE OF THE STATE OF FLORIDA, PROVIDING FOR AN EFFECTIVE DATE WHEREAS on July 1 2003 the Honorable Joel Robbins Property Appraiser of Miami Dade County Florida served upon the Village of Key Biscayne A Certification of Taxable Value" certifying to the Village of Key Biscayne its 2003 taxable value and WHEREAS the provisions of Flonda Statutes Section 200 065 require that within thirty five (35) days of service of the Certification of Taxable Value upon a mumcipahty said municipality shall be required to furnish to the Property Appraiser of Miami Dade County the proposed millage rate the current year rolled back rate and the date time and place at which a first pubhc hearing will be held to consider the proposed millage and the tentative budget and WHEREAS the Village Council desires to announce the dates of the first and second pubhc heanngs to the Property Appraiser ofMiami Dade County and WHEREAS the Village Council has reviewed the figures supplied by the Property Appraiser of Miami Dade County and conferred at a pubhc meeting with the Village Attomey and that being otherwise fully advised in the premises NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE, FLORIDA AS FOLLOWS Section 1 That the proposed millage for the first public hearing is hereby declared to be 3 606 mills which is $3 606 per $1 000 00 of assessed property within the Village of Key Biscayne Section 2 That the current year rolled back rate computed pursuant to Section 200 065 F S is 3 3177 per $1 000 00 Section 3 That the date time andplace ofthe first and second public hearings is hereby set by the Village Council as follows Date Time Place September 9 2003 7 00 p m Tuesday o September 23 2003 7 00 p m Tuesday Key Biscayne Fire Station Connell Chamber (Second Floor) 560 Crandon Boulevard key Honda 33149 Key'Biscayne Fire Station Council Chamber (Second Floor) 560 Crandon Boulevard Key Biscayne Flonda 33149 Section 4 That the Village Clerk and Village Manager are directed to attach the onginal Certification of Taxable Value to a certified copy of this resolution and serve the same upon the Honorable Joel Robbins, Property Appraiser of Miami -Dade County on or before August 5 2003 Section 5 This resolution shall be effective immediately upon its adoption PASSED AND ADOPTED this 1st day of July 2003 ztoctili t� MAYOR ROBERT OLDAKOWSKI CONCHITA H ALVAREZ CMC VILLAGE CLERK APPROVED AS TO GAL SUFFICIENCY VILLAGE ATTO 0 RESOLUTION NO 2003 22 A CAPITAL PROJECT AUTHORIZING RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING A BID TO CONSTRUCT A BUS SHELTER NEAR THE CURRENT STOP AT CRANDON BOULEVARD NORTH OF OCEAN DRIVE, PROVIDING FOR AN EFFECTIVE DATE WHEREAS the Council authorized the Village Manager to solicit bids to construct a bus shelter near the current bus stop on Crandon Boulevard and Ocean Lane Dnve based on plans prepared by the architect Eduardo Muhma and WHEREAS the project was advertised and three (3) construction companies attended a pre bid meeting and WHEREAS Island Construction Group Inc submitted a bid to construct the project NOW, THEREFORE BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VII LAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS Section 1 That the Village Council approves the attached Proposal subnutted by Island Construction Group Inc and dated Apnl 30 2003 Section 2 That the Village Manager is directed to enter mto an Agreement with Island Construction Group Inc to construct the bus shelter S ction 3 That the Village Manager and Village Attorney are hereby directed to implement this Resolution Section 4 Funding for the project will be the Miami Dade County Peoples Transportation Plan (one half (%) penny sales tax) Section 5 This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 24th day of June , 2003 MAYOR ROBERT OLDAKOWSKI AT s, - AG 9 ' 7* ire A II ALVAREZ CMC, VILLAGE CLERK APPROVED AS T e FORM AND LEGAL SUFFICIENCY VILLAGE A PROPOSAL FOR THE VILLAGE OF KEY BISCAYNE BUS SHELTER AT NORTHERLY LIMITS OF THE VILLAGE CRANDON BOULEVARD RIGHT OF WAY PRESENTED BY 1il'wyJ £o-r?4vc'/tj art rove (hereinafter called 'BIDDER') organized and existing under the Laws of the State of Flonda doing business as ' ( Comr/4vc4-t any it (corporation Partnership or Individual as applicable) submitted on this 76 day of dipt, L , 2003 to the VILLAGE OF KEY BISCAYNE (hereinafter called the OWNER ) The undersigned as Bidder (herein used in the masculine singular irrespective of actual gender and number) hereby declares that he is the only person interested in this Proposal and that it is in every respect fair and it submitted in good faith and without collusion or fraud The bidder further declares that he has satisfied himself fully relative to all matters and conditions with respect to the work to which this Proposal pertains The selected contractor shall submit all permit applications within 10 calendar days after receipt of the Notice to Proceed Construction work shall commence within 10 days of the issuance of all permits All work shall be substantially completed within 90 days from the receipt of the Notice to Proceed The Bidder proposed and agrees if this Proposal should be accepted to execute all appropnate Contract Documents (including a contract in a form approved by the Village Attorney) for the purpose of establishing a formal contractual relationship between him and the Village of Key Biscayne Flonda The Bidder in compliance with Instructions to Bidders for the Crandon Boulevard Bus Shelter project and having examined the drawings and specifications with related documents and the site of the proposed work and being familiar with all of the conditions surrounding the construction of the proposed project including the availability of materials and labor hereby proposes to furnish all labor matenals and supplies and to construct the project in accordance with the Contract Documents within the time set forth herein and at the pnces stated below These pnces are to cover all expenses including permit fees incurred in performing the work required under the contract documents of which this proposal is a part Permit fee information has been provided by the Project Architect. 1 The Contractor shall commence the work to be performed as described herein on the date to be specified in a written Notice to Proceed and shall fully complete all Work hereunder within 90 calendar days from receipt of the Notice to Proceed For and after each day in excess thereof until final completion, liquidated damages may be assessed against Contractor at a rate of $200 00 per day In the event that the progress of the Work is not maintained on schedule by the. Contractor in accordance with the Schedule of Work provided by Owner or in the event the work is not completed within the time above specified, the Owner may take actions and enforce the nghts granted to it by the General Conditions Supplementary Conditions and Contract Contractor shall apply for and accept progress payments in accordance with the Contract for Construction and General Conditions If this Proposal is accepted the Contractor agrees to supply Certificates of Workmen's Compensation and Liability Insurance at the time the Contract is signed, V 1 This Proposal Will remain in effecl'and will not be withdrawnt 1 the Contractor for a penod of sixty (60) days from the scheduled closing time of receipt of bids The Bidder agrees that, Owner shall haFe the right to retain this bid for a period of sndy (60) days from the date of repejvirig -bids, and guarantees the amount or amounts set forth herein to be firm for the sar rpsi (60)' dby penal -I 41 The Bidder acknowledges that pnce alone is not the sole consideration for the Village's award of the pontrect , ,, , By submissiortend execution-tof thrstd Fomi the Bidder agrees to indemnify and hold harmless thee Owner Architect, Architect's Consultants Agents and employees of any of therm from and against claups, damages losses, and expenses, incud`ing but not limped to a#c�rpeys l nsip out; at th'esardd¢Ystsubrrgssfon'of hislher did or Mirages apron on sucr)bid� rdder clot tile Architer;f sh fre"e to advts�e the , = on ihe�[ � um eir t nner'arid holds dtwner arictArchriect harmless former rI a isttk out r f rty s c actvvvvice. The BFddertckno4 ledges that thetwner, Rant and employees of any of them shall ha n % g � � and that lip Owner is pot obligated in any wayr too T r ed9es� er is fide to *lectany or no d +. ' e� bi er s e the lir eiarci i .. nt th 2 PRESENTED BY �, /� Bidder l f�,�,� I/ a.INd tirr(ry aoe lvc Address 3eF err/I-44\417-n) 4'vtj #20,3- /1"," &rc4 yAtC TZ ?J'/V Telephone Number ar 7f ; Are fi Fax Number ✓ Or ✓ 6/ 77e7 Cell Number Jar ?7J p C/ 7 E Mail Address S� 30 © 3 Signature of s ate Authonzed Rep THE SUM TOTAL OF THE BID gir3, TARc 7*e,.,,4 &$/7'M'm nIrr rl' jea Dollars and Cents ($_� A '-2i ere c -0 PIM MU MAIM IEam CRAN PON 6 Ol1LE VARP MUM, 1001 .44 vrOWL Val . -- M'9aM—/ 1 MEWL MVHfM—% �IIIIIIIIIIIIIIIIIIW! FRONT ELEVATION SECOND OPTION MUJECCINNONKIta • us w morn A-1.0 LEFTS ... a. w ,v pane . d n.WMda� m.{W+^ i &N. 4 ___ sea.d opinedC.09”. .4k irem...M bt a�k�a°`uwaaa✓, mien 99"9".Wwuu N.iwd Mew My .R� . M6 W�dN.. wi.f �t.6. aa.. ay— --W — M--o-+s 6uM v.Hq tluwe4e.+aWen W MWf.. W G%P%aNMk ."0.xiX+�V d1.Nwyha.W .nu NSW M f PASSED AND ADOPTED this 24th day of June 2003 /1�IC�LuGiL=- MAYOR ROBERT OLDAKOWSKI Acio/ Net CO ITA H ALVAREZ CMC VILLAGE CLERK APPROVED AS T FORM AND T ,FGAL SUFFICIENCY VILLAGE AT 0 0 0 RESOLUTION NO 2003-20 A CAPITAL PROJECT AUTHORIZING RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO PURCHASE A NEW VEHICLE FOR THE RECREATION DEPARTMENT, PROVIDING FOR AN EFFECTIVE DATE 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 purchase a new recreation department vehicle in the amount of $ 72 912 as descnbed m the accompanying memorandum Section 2, That the Village Manager is hereby authorized to sell the replaced Village vehicle as described in said memorandum Section 3, That this resolution shall take effect immediately upon adoption PASSED AND ADOPTED this 24th day of June 2003 /LticrGiAC.�(_. MAYOR ROBERT OLDAKOWSKI A H ALVAREZ CMC VILLAGE CLERK APPROVED AS TU I1FORM AND LEGAL SUFFICIEN VILLAGE ATT V flag Coun s! Robert oldakowsla May Jorge E Mendia Tice Mayor Martha Fdez Leon Broucek Carol Diaz -Castro Mortimer Fned James L Peters Robert L Vernon V /lag Manager Jacqueline R Menendez Office of the Village Manager DT June 24 2003 TO Honorable Mayor and Council Members FR Jacqueline R Menendez Village Manageredo RE New Recreation Department Vehicle RECOMMENDATION It is recommended that the Village Council approve this Resolution supporting the purchase of a new passenger bus for the Parks & Recreation Department The new Vehicle can transport between twenty four and twenty eight passengers depending the number wheelchair occupancy BACKGROUND The Village of Key Biscayne purchased the original bus in 1994 This Vehicle served the Village for almost a decade The bus was removed from service when it was deemed unsafe to transport residents The research conducted to replace the vehicle with a bus that would improve the Village s ability to serve public resulted in the selection of the Universal 550 Series bus The new bus is equipped with a hft and two wheel chairs locations and increased seating capacity (Please refer to the attached vehicle specifications for more information) The new bus is being purchase from Atlantic Bus Sales off the Honda Department of Transportation Contract # FVPP-02-CA 3 The vehicle meets all federal and state requirements Atlantic Bus Sales has been a Flonda Department of Transportation vendor since 1994 Atlantic Bus Sales has provided buses for the Mass Transit Authority in Sarasota, Broward Monroe Palm Beach and Dade County Atlantic Bus Sales has municipal clients such as Coral Springs Pompano Beach, Ft Lauderdale as well as servmg both the Ft Lauderdale and Miami International Airport The estimated arrival date of this vehicle is ten (10) weeks after the resolution is passed The Vehicle is bemg purchased from the fiscal year 2003 capital outlay funds of' $100 000 earmarked for the Village Bus Replacement 88 West McIntyre Street Key Biscayne Florida 33149 (305) 365 5514 Fax (305) 365 8936 MISS ON STATEMENT 'TO PROVIDE 4 SAFE QUALTIY COMMUNITY ENVIRONMENT FOR ALL ISLANDERS THROUGH RESPONSIBLE GOVERNMENT RESOLUTION NO 2003-19 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE ATTACHED AGREEMENT ON BEHALF OF THE VILLAGE WITH BMB TRANSPORTATION TO EXTEND THE TRANSPORTATION PROGRAM FOR SENIOR RESIDENTS OF KEY BISCAYNE, PROVIDING FOR AN EFFECTIVE DATE WHEREAS on March 18 2003 the Village Council made a motion to accept the Village Manager s recommendation to extend the Senior Transportation Program for an additional six (6) months 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 BMB Transportation Section 2 That BMB Transportation will continue to provide transportation services to senior residents of Key Biscayne Section 3 Funding for the program will be the Miami Dade County People s Transportation Plan (%1 penny sales tax) Section 4 This resolution shall be effective immediately upon adoption PASSED AND ADOPTED this 24 day of June 2003 /DC Gr1 L -- all' H ALVAREZ CMC VILLAGE CLERK APPROVED AS TC' ORM AND LEGAL SUFFICIENC RICHARD JAY L VILLAGE ATTORNEY MAYOR ROBERT OLDAKOWSKI 4 VILLAGE OF KEY BISCAYNE AGREEMENT FOR TRANSPORTATION SERVICES THIS AGREEMENT made and entered into this day o 2003 by and between the VILLAGE OF KEY BISCAYNE (the VILLAGE and BMB Luxury Transportation Service Honda Corporation (BMB) RECITALS The VILLAGE wants to engage BMB in a six (6) month extension of the transportation program for the senior residents of Key Biscayne BMB wants to provide such services In consideration of the mutual covenants set forth in this Agreement the parties agree as follows f"' L 1 Scope of Services BMB agrees to provide transportation services (operating a sedan with bilingual chauffeurs) to pre registered senior residents of Key Biscayne with a free local island transportation restricted to within the Village limits with the exception of the following areas that could be used as destinations by the seniors A) Bill Baggs State Park restaurants & B) Crandon Park Golf Course and Nature Center Service Structure a) Door to door seance BMB will provide transportation beginning at the senior s door or entrance of the residents building to the door or designated drop of location at the destination sites The service will provide assistance with packages to the front door or to the elevator at the grade level of the Resident's or visiting location building Vehicle operators will go no further than the lobby of building for pick up or drop off In order to maximize efficient response time all passengers must be dressed ready and waiting for pick-up The driver will wait five (5) minutes When different users have a common destination shared rides will be implemented to ensure efficient operation and less waiting time These conditions will be coordinated through the office of the Recreation Department b) Reservations Senior wilt schedule the time for pick-up by contacting the Office of Senior Services 24 hours in advance A list of reservation for the following day will be faxed to BMB by 17 00 PM of the previous day Two-way communication will be maintained between the BMB driver and the Office of Senior Services through the use of a radio which will be provided by BMB at no cost to the Village c) Drop-off and Pick up sites !n order to avoid confusion and disorientation specific drop-off and pick-up points will be designated at The Gatlena The Square Winn Dixie and other retail center The senior will also be picked up from other locations from their initial trip 2 Fees for Services Cost of transportation based on eighteen (18) weekly hours will be Seven Hundred Twenty Dollars ($720 00) per week Payment should be made bi- weekly On 14th & 28th of each month BMB will present an Invoice itemizing services rendered the prior two (2) weeks of the date of the Invoice Tips are not encouraged or required Deposit Village of Key Biscayne has paid a Two Thousand dollars ($2 000 00) deposit which will be applicable to the last month of the contract in the event that this contract is not renewed 3 Term The term of this Agreement shall be six (6) months starting April 1st 2003 and the service will run three (3) days a week (Tuesday Wednesday and Thursday) for six (6) hours a day (09 00 AM to 15 00 PM) 4 insurance The Village of Key Biscayne has been included in BMB's Insurance Policy (Liability Insurance) as additional insured with respect to operations of named insured only (Automobile Liability combined single limit —per accident- $1 000 000 00) insurance policy states that it is not cancelable without wntten notice to the VILLAGE 30 days prior to the effective date of said cancellation 5 Assignment This agreement shall not be assignable by BMB 6 Prohibition Against Contingent Fees BMB warrants that it has not employed or retained any company or person other than a bonafide employee working solely for BMB 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 BMB any fee, commission percentage gift or any other consideration contingent upon or resulting from the award or making of this Agreement 0 V fKB B4BContr t4 01 0 d 2/5 Ali 7 Termination This Agreement may be terminated by the VILLAGE upon thirty (30) days written notice with or without cause and by BMB upon thirty (30) days written notice with or without cause If this Agreement is terminated the Village will pay for all transportation services up to the date of termination 8 Nonexclusive Agreement The services to be provided by BMB 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 9 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 written consent of the parties 10 Additional Services Additional services shall be authorized by the VILLAGE in writing in advance and paid for on a time charge basis at the hourly rates agreed to prior to the work being performed 11 Warranties of Contractor BMB hereby warrants and represents that 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 All work to be performed by BMB under this Agreement shall be diligently performed to a professional businesslike manner 12 Attorneys Fees In connection with any litigation arising out of this Agreement the prevailing party shall be entitled to recover reasonable attorneys fees and court costs including such fees and costs incurred in trial and appellate proceedings The parties recognize that other provisions of this Agreement provide consideration for this provision 13 Notices All notices and communications to the VILLAGE shall be in writing 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 V fKB BMBCo tract4 01 03 d 15 ari VILLAGE Jacqueline R Menendez Village Manager 1 Village of Key Biscayne 85 West McIntyre Street let Key Biscayne FL 33149 7, With a copy to BMB Richard J Weiss Esquire Village Attorney Weiss Scrota Hellman Pastorria & Guedes P A 2665 South Bayshore Drive Suite 420 Key Biscayne FL 33149 t3 Rafael A McCausland BMB Luxury Transportation Services Corp 1110 Bnckell Avenue Suite # 430 Miami FL 33131 14 Governing Law This Agreement shall be construed in accordance with the laws of the State of Florida Venue for any litigation ansing out of this Agreement shall be in the Florida State Courts in Miami -Dade County Florida 15 Indemnification BMB shall at all times hereafter indemnify and hold harmless the VILLAGE its agents servants and employees from and against any claim demand or cause of action of any kind or nature (including reasonable attorney fees) arising out of negligent act error or omission of BMB its agents servants or employees in the performance of services under this Agreement 16 Relationship of Parties Nothing contained in this Agreement shall be deemed or construed to create the relationship of principal and agent or of partnership or of joint venture or of any association whatsoever between BMB and VILLAGE it being expressly understood and agreed that the relationship created by this Agreement is that of an independent contractor V fKB BMBContra t4 01 03 d 4/5 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 written BMB BMB Luxury Transportation Service Corp 1110 Bricks!! Avenue Suite #430 Miami FL 33131 By Rafael A McCausland BMB Director Authorized by Resolution Approved as to Legal sufficiency V £KBBMBC tract4 01 03 VILLAGE Village of Key Biscayne 85 West McIntyre Street Key Biscayne FL 33149 By/.. cqu ine R Menendez Village Ma Village Clerk 55 ACORD CERTIFICATE OF LIABILITY wn INSURANCE 1 03/27/2003 PRODUCER (800)333-7754 FAX (321)757 6182 Rodes-Roper-Love Insurance Agency 158 N Harbor City Blvd Mel bourne FL 32935 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW INSURERS AFFORDING COVERAGE INSURED BMB LUXURY TRANSPORTATION SERVICE CORP 1110 BRICKELL AVENUE a I #430 MIAMI FL 33131 I 11 IN&'0RkrdA) NOR 'HLAND INSURANCE CO INSURERD INSURER C INSURER INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY 12)<QUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TOALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAIDCLAIMS ) 3 INSRLI TYPE OF INSURANCE FOY_ICY NUMBER DAAITEE (MMIDDIWI PDATE(MM/DDD/YYN LIMITS A GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY TP221913 12/11/2002 12/11/2003 EACH OCCURRENCE $ 1,000 000' X FIRE DAMAGE (Any a f e) $ 100 000* CLAIMS MADE X OCCUR MED EXP(Any n p rson) $ 5 000 PERSONAL 8 ADV INJURY $ 1 000 000` GENERAL AGGREGAT_ $ 2 000 000 GEN LAGGREGATE LIMIT APPLIES PER POLICY Fl JECOT ' (j + LOC PRODUCTS COMP/OP AGG $ —J A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS TP221913 12/1.1/2002] 12/11/2003 COMBINED SINGLE LIMIT (E aide t) $ 1 000 000 BODILY INJURY (P rperm ) '$ X BODILY INJURY (P -(Ment) $ PROPERTY DAMAGE (Peraoadent) $ d GARAGE LIABILITY ANYAUTO AUTO ONLY EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY AGG $ EXCESS LIABILITY EACH OCCURRENCE $ OCCUR , ' CLAIMS MADE AGGREGATE $ DEDUCTIBLE RETENTION $ $ $ $ WORKERS COMPENSATION AND EMPLOYERS LIABILITY TORY LIMITS Eft E L EACH ACCIDENT $ EL DISEASE EA EMPLOYEE $ EL DISEASE POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS CERTIFICATE HOLDER IS INCLUDED AS ADDITIONAL INSURED WITH RESPECT TO OPERATIONS OF NAMED INSURED ONLY 2000 FORD E350 VAN 1FBSS31L2YHA40918 2000 MERCEDES BENZ SEDAN Sedan WDB)F6536Y8154587 CERTIFICATE HOLDER 1 ADDmONAL INSURED INSURERLETTER CANCELLATION VILLAGE OF KEY BISCAYNE ATTN ROXY L0HUI5 88 WEST MCINTYRE KEY BISCAYNE FL 33149 ACORD 25-S (7/97) FAX (305)379-6442 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LWBILITt OF ANY KIND UPON THE COMPANY ITS AGENTS OR REPRESENTATIVES AUTHORIZED REPRESENTATIVE Kimberlee Orwig/MMH ©ACORD CORPORATION RESOLUTION NO 2003-18 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE ATTACHED INTERLOCAL AGREEMENT BETWEEN THE VILLAGE OF KEY BISCAYNE AND MIAMI-DADE COUNTY FOR DISTRIBUTION OF CHARTER COUNTY TRANSIT SYSTEM SURTAX PROCEEDS, PROVIDING FOR AN EFFECTIVE DATE NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS Section 1 The Village Manager is hereby authonzed to execute the attached mterlocal agreement on behalf of the Village with Miami Dade County for di button of Charter County Transit System surtax proceeds levied by Miami Dade County Section 2 Effective Date This resolution shall take effect immediately upon adoption PASSED AND ADOPTED this 24th day of June 2003 MAYOR ROBERT OLDAKOWSKI AT d/are CONCHITA H ALVAREZ, CMC VILLAGE CLERK APPROVED S 0 FORM AND LEGAL SUFFICIENC VILLAGE INTERLOCAL AGREEMENT FOR DISTRIBUTION OF CHARIER COUNTY TRANSIT SYSTEM SURTAX PROCEEDS LEVIED BY MIAMI-DADE COUNTY This Interlocal Agreement ( Agreement ) entered into this day of JUNE 2003 by and between Miami Dade County, a political subdivision of the State of Florida ( County) and THE VILLAGE OF KEY BISCAYNE a municipal corporation located within the geographic boundaries of Miami Dade County Flonda ( City ) WHEREAS County adopted Ordinance No 02-116 levying and imposing a one half of one percent Charter County Transit System Surtax ( Surtax ) pursuant to the authority of Sec 212 0550) Fla Stats (2002) and WHERERAS Ordinance No 02 116 provides that a portion of' Surtax proceeds will be distributed annually to certain cities who meet specified conditions and WHEREAS County and City wish to provide for distnbutton of Surtax proceeds to City on the terms and conditions provided below NOW THEREFORE in consideration of the mutual covenants expressed herein and other good and valuable consideration, the sufficiency of which the parties hereby acknowledge County and City agree as follows 1 Net Proceeds shall mean the portion of Surtax proceeds collected by the Flonda Department of Revenue ( 'DOR ) that is actually distributed to County by DOR 2 County shall distribute twenty percent of Net Proceeds ( Municipal Share ) to those cities existing as of November 5 2002 that continue to meet the conditions specified in Sec 29 124(0(1) and (n) of the Code of Miami Dade County Honda ( Eligible Cities ) 3 The Municipal Share shall be distributed among the Eligible Cities on a pro rata basis based upon the ratio each Eligible City s population bears to the total population in all Eligible Cities as adjusted annually m accordance with the Estimates of Population prepared by the Bureau of Economic and Business Research of the University of Honda For purposes of the foregoing whenever an annexation occurs in any Eligible City the number of persons residing in such annexed area at the time it is annexed shall be excluded from all calculations Increases m population m areas annexed over and above the population in such area at the time of annexation which occur after annexation shall be included m subsequent years calculations 4 City shall apply all of the portion of the Municipal Share that City receives to supplement, not replace City s general fund support for transportation City shall only expend the portion of the Municipal Share that City receives for the transportation and transit purposes specified in Sec 212 055(1)(d)1 3 Fla Stats (2002) as same may be amended from tune to time 5 City shall on an annual basis apply 20% of the portion of the Municipal Share that it receives to transit uses in the nature of circulator buses bus shelters bus pullout bays or other transit related infrastructure If City cannot apply 20% of the portion of the Municipal Share it receives as provided in the preceding sentence City may contract with County for County to apply such portion on a County project that enhances traffic mobility within the City and immediately adjacent areas If City cannot expend the 20% of the portion of the Municipal Share it receives in accordance with either of the two preceding sentences, then such portion shall carry over and be added to the Municipal Share to be distributed amongst the Eligible Cities in the ensuing year and 2 such carried over portion shall be utilized by the Eligible Cities solely for the transit uses enumerated in this paragraph 6 Net Proceeds distributed to cities incorporated after November 5 2002 shall not reduce or affect the Municipal Share as defined herein for Eligible Cities 7 By June 15` of each year City shall m order to be eligible to receive a portion of the Municipal Share for the ensumg year certify to County that r) for the current fiscal year it is providing at least the same level of general fund support for transportation that City provided in City s FY 2001-2002 budget and u) rt is using the current year s portion of the Municipal Share received in accordance with this Agreement Such certification shall include a certified copy of City s budget for the current fiscal year together with a list of the projects (including ongoing or completed projects that a city is paying debt service on borrowed funds) on which the current year s portion of the Mumcipal Share received is being expended If City fails to meet the certification requirements after being given a reasonable opportunity to correct any deficiencies, the amount equal to the pro rata portion of the Municipal Share City is to receive in the ensuing year shall not be distributed to City and shall be distributed among the remanwig Eligible Cities 8 City agrees that the Citizens Independent Transportation Trust ( CITT") shall have the power to monitor oversee review audit and Investigate the City s implementation of any project funded m whole or m part with the portion of the Municipal Share received by City City shall not have to obtain prior approval of the C11"1 to select the transportation and transit projects on which City will expend City s portion of the Municipal Share that is distributed to City nor to award contracts therefor 3 11 I City further agrees that County may at County s discretion, audit the funds received under this Agreement to assure such funds are utilized m accordance with State Law Ordinance No 02 116 and this Agreement. The nghts of the CITT and County under this paragraph shall survive any termination of this Agreement 9 This Agreement shall remain in effect from year to year for so long as County receives Net Proceeds. 10 Notices to City under this Agreement shall be in writing sent by U S Mail addressed to County Manager Stephen P Clark Center 111 NW 15` Street 29th Floor Miami Flonda 33128 IN WITNESS WHEREOF the parties have caused this Interlocal Agreement to executed oi l of the date first stated above ATTES ey Ruvin Clerk Village of Key Biscayne Executed under authonty� M apc ' a/ 7f' '-/ r"" Village Resolution No OOce� 'jQ✓��_",`4 cuer-rtteny MIAMI-DADE COUNTY a political subdivision of the State of Florida By ATT iilage Clerk VILLAGE OF KEY BISCAYNE a municipal corporation of the e of Flonda (Date) 4 RESOLUTION NO 2003-17 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, ENDORSING THE CALL FOR IMMEDIATE AND COMPREHENSIVE FORENSIC AUDIT OF THE MIAMI DADE COUNTY PUBLIC SCHOOL CAPITAL CONSTRUCTION PROGRAM WHEREAS the ongoing failure of the Miami Dade County public school system to build new schools and properly mamtam existing schools is a matter of major concern to the community and WHEREAS the public has invested billions of dollars in the capital construction program of Miami Dade County Public Schools and there has been an obvious absence of accountability that continues at this time and WHEREAS the record of the school construction program has been devoid of accountability and productivity and the present status of the program reflects a continuation of inefficiency and strong resistance to meaningful positive change and WHEREAS the State of Florida Oversight and Advisory Board established by the Flonda Legislature to review operations of the school system, has found significant reasons for concern over the use or misuse of capital construction funds and a forensic audit of the capital program has been formally recommended for immediate initiation by the Legislature and other authorities and WHEREAS the continued failure of the school construction program despite the billions of dollars m fundmg and severe needs for new school buildings across the County constitutes a matter of critical importance to all taxpayers children parents educators and the entire community and therefore warrants a comprehensive independent forensic audit in order to facilitate accountability productivity and credibility NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS Section 1 The Village of Key Biscayne acting by and through its elected representatives hereby supports and endorses the call for an immediate and comprehensive forensic audit of the Miami Dade County Pubhc Schools Capital Construction Program Section 2 That the forensic audit should be commissioned to review issues of funding use of funds possible diversion of funds from capital to non capital areas covered by the Advisory and Oversight Board s audit recommendation memorandum of May 14 2003 and its formal recommendation of May 15 2003 Section 3 That this resolution shall be funushed by the Village Clerk to the Governor the Flonda Department of Education the Oversight and Advisory Board, the Office of the Auditor General of Flonda the Speakerof the Florida House ofRepresentatives, the President of the Florida Senate and local members of the Flonda Legislature PASSED AND ADOPTED tliis 10th day of June 2003 44,0 1 MAYOR RODERT OLDAKOWSKI CHITAH ALVAREZ CMC VILLAGE CLERK APPROVED AS TOIFORM AND LEGAL SUFFICIENC VILLAGE ATTO 0 Office of the Village Clerk V Ilag C uxczl Robert Oldakowsla Mayor Jorge E Mende, Vue Mayor Martha Fdez Leon Broucek Carol DiazCastro Mortimer Fned James L. Peters Robert L Vernon V llage Clerk Conchmta 1-1 Alvarez CMC June 25 2003 Senator Gwen Margolis HSBC Bank Buildmg 301 41st Street 3rd Floor Miami Beach Flonda 33140 Dear Senator Margolis Attached please find Resolution No 2003 17 from the Village of Key Biscayne supporting and endorsing the call for an immediate and comprehensive forensic audit of the Miami Dade County Public Schools Capital Construction Program The Village of Key Biscayne would appreciate any assistance you can provide with respect to this matter y chita H Alvarez CMC Village Clerk \cha1333e let 88 West McIntyre Street • Key Biscayne Florida 33149 • (305) 365 5506 Fax (305) 365-8914 MISSION STATEMENT TO PROVIDE A SAFE QUALITY COMMUNITY ENVIRONMENT FOR ALL ISLANDERS THROUGH RESPONSIBLE GOVERNMENT VILLAGE OF KEY BISCAYNE Office of the Village Clerk V ilag C until Robert Oldakowskr Mayor Jorge E Mendla V ce Mayor Martha Fdez Leon Broucek Carol Diaz -Castro Mortmter Fried James L Peters Robert L Vernon VTlage Clerk Concluta n Alvarez CMC June 25 2003 Flonda Department of Education Office of the Commissioner Turlmgton Building Suite 1514 325 West Games Street Tallahassee Flonda 32399 Gentlemen, Attached please find Resolution No 2003 17 from the Village of Key Biscayne supporting and endorsing the call for an immediate and comprehensive forensic audit of the Miami Dade County Pubhc Schools Capital Construction Program The Village of Key Biscayne would appreciate any assistance you can provide with respect to this matter cluta H. Alvarez CMC Village Clerk \cha1333c let 88 West McIntyre Street • Key Biscayne Flonda 33149 • (305) 365 5506 Fax (305) 365 8914 MISSION STATEMENT TO PROVIDE A SAFE QUALITY COMMUNITY ENVIRONMENT FOR AIL ISLANDERS THROUGH RESPONSIBLE GOVERNMENT 11 Office of the Village Clerk V llag C unc l Robert Oldakowski Mayor Jorge E Mendta. V Mayor Martha Fdez Leon Broucek Carol Diaz -Castro Mortimer Fned James L Peters Robert LVernon V llag Clerk Conchita 11 Alvarez, CMC June 25 2003 Florida Auditor General Claude Denson Pepper Bldg 111 West Madison Street Tallahassee Florida 32399 1450 Gentlemen Attached please find Resolution No 2003 17 from the Village of Key Biscayne supporting and endorsing the call for an immediate and comprehensive forensic audit of the Miami Dade County Public Schools Capital Construction Program The Village of Key Biscayne would appreciate any assistance you can provide with respect to this matter iate H Alvarez CMC Village Clerk \chal333e let 88 West McIntyre Street • Key Biscayne Florida 33149 • (305) 365-5506 Fax (305) 365-8914 MISSION STATEMENT 'TO PROVIDE A SAFE QUALITY COMMUNITY ENVIRONMENT FOR ALL ISLANDERS THROUGH RESPONSIBLE GOVERNMENT M VILLAGE OF KEY BISCAYNE Office of the Village Clerk V flag can / Robert Oldakowski Mayor Jorge E Mendla Vu May Martha Ritz-Leen Broucek Carol Dma-Castro Mortimer Pried James L Peters Robert L. Vernon Vrllag Clerk Conclnta H Alvarez CMC June 25 2003 Honorable James E Jim King Jr President of the Florida Senate The Capitol 404 South Monroe Street #409 Tallahassee Florida 32399 1100 Dear President King Attached please find Resolution No 2003-17 from the Village of Key Biscayne supporting and endorsing the call for an immediate and comprehensive forensic audit of the Miami Dade County Public Schools Capital Construction Program The Village of Key Biscayne would appreciate any assistance you can provide with respect to this matter S Concluta H Alvarez CMC Village Clerk \chai333c let 88 West McIntyre Street • Key Biscayne Florida 33149 • (305) 365 5506 Fax (305) 365 8914 0 fl MISSION STATEMENT TO PROVIDE A SAFE QUALITY COMMUNITY ENVIRONMENT TOR ALL ISLANDERS THROUGH RESPONSIBLE GOVERNMENT Office of the Village Clerk V flag Cum I Robert Makowski Mayor Jorge E Mendm V Mayor Martha Fdez Leon Broucek Carol Diaz -Castro Mortimer Fned James L Peters Robert L Vernon V page Clerk Conch= LI Alvarez, CMC June 25 2003 Honorable Johnnie Byrd Speaker of the Florida House of Representatives 404 South Monroe Street #420 Tallahassee Florida 32399 1300 Dear Speaker Byrd Attached please find Resolution No 2003 17 from the Village of Key Biscayne supporting and endorsing the call for an immediate and comprehensive forensic audit of the Miami Dade County Public Schools Capital Construction Program The Village of Key Biscayne would appreciate any assistance you can provide with respect to this matter /14/Avo to It Alvarez CMC Village Clerk \cha1333c let 88 West McIntyre Street • Key Biscayne Florida 33149 (305) 365 5506 Fax (305) 365 8914 MISSION STATEMENT "TO PROVIDE A SAFE QUALITY COMMUNITY ENVIRONMENT FOR ALL LSLANDERS THROUGH RESPONSIBLE GOVERNMENT ll Office of the Village Clerk V Rage C uncxl Robert Oldakowski Mayor Jorge E Mendla V ce Mayor Martha Edez Leon Broucek Carol Diaz -Castro Mortimer Fned James L. Peters RobertL Vernon V Rag Clerk Conch= H Alvarez CMC June 25 2003 Honorable Jeb Bush The Capitol Tallahassee Flonda 32399 Dear Governor Bush Attached please fmd Resolution No 2003 17 from the Village of Key Biscayne supporting and endorsing the call for an immediate and comprehensive foie isic audit of the Miami Dade County Pubhc Schools Capital Construction Program The Village of Key Biscayne would appreciate any assistance you can provide with respect to this matter ly et H Alvarez CMC Village Clerk \cha1333c.1et 88 West McIntyre Street • Key Biscayne Florida 33149 • (305) 365 5506 • Fax (305) 365 8914 MISSION STATEMENT TO PROVIDE A SAFE QUALITY COMMUNITY ENVIRONMENT FOR ALL ISLANDERS THROUGH RESPONSIBLE GOVERNMENT RESOLUTION NO 2003 16 A CAPITAL PROJECT AUTHORIZING RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, CONCERNING THE VILLAGE OF KEYBISCAYNE CIVIC CENTER PROJECT, AUTHORIZING PAYMENT FOR WORK OF DEMOLITION OF CONCRETE SLAB AND RELATED REMEDIATION OF SITE CONDITIONS IN THE VICINITY OF THE PARKING LOT COMPONENT OF VILLAGE HALL/POLICE STATION, AUTHORIZING AMENDMENT NO 8 TO AGREEMENT BETWEEN OWNER AND CONSTRUCTION MANAGER CONCERNING ITEM DESCRIBED ABOVE, PROVIDING FOR SPECIFICATION OF FUNDS FOR ITEM DESCRIBED ABOVE, PROVIDING FOR EFFECTIVE DATE 0 Y WHEREAS demolition actinties in the vicimty ef the parkrng lot for the village Hall Pohce Station had disclosed the presence of a large 4 5 foot thick concrete slab which was part of' the structure that previously supported a water tower at the site and the necessity for demolition and einoval of these materials has caused an unforeseen structureremoval cost as designated herem and WHEREAS it is necessary to amend the Agreement between the Village and Construction Manager to implement payment 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 Authonzed That the demolition of the concrete slab described above and related remediation work at a cost not to exceed $40 085 00 is hereby approved. The cost of thus work shall be paid from the construction budget of the Project. Section 3 Amendment To Agreement Approved That Amendment No 8 to the Agreement between Village and Construction Manager m substantially the form attached hereto is hereby approved and the Village Manager and Village Clerk' are hereby authonzed m 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 herebyauthonzed to take any and all action necessary to implement the purposesofthis resolution and theAmendment to Agreement Section 5 Effective Date That tins resolution shall become effective upon its adoption. PASSED AND ADOPTED this 10th day of June, 2003 MAYOR ROBERT OLDAKOWSKI HITA H ALVAREZ CMC VILLAGE CLERK APPROVED AS T • FORM AND LEGAL SUFFICIENC VILLAGE A 0 F\ 103001\ResoluuonsAdemol Lon of ncrete slab rcc vrecenterproject 2 AMENDMENT TO AGREEMENT BETWEEN OWNER AND CONSTRUCTION MANAGER PROJECT NO VKB 98069000 PROJECT NAME AND LOCATION Village Community Center (Recreation Center) Village Fire Station Pohce Station, and Admuustrative Office of the Village of Key Biscayne Florida (the Project' ) AMENDMENT NUMBER #8 (Demolition of Concealed Conditions located at Pohce & Administration Building Parking Lot) THIS AMENDMENT made this 6`h Day of May 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 Flonda Corporation 3575 Northwest 53rd Street Ft Lauderdale FL 33309 Phone (954) 733-4211 Fax (954)485 9688 (the ' Construction Manager") Federal Tax 113 Number 59 2098732 WHEREAS the Owner (as a direct signatory and through its former agent the Department of Management Services of the State of Honda (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 and 7 and WHEREAS it is now necessary to revise the Agreement to include additional work resulting from the discovery of concealed conditions below the surface of the new Pohce & Administration Building Parking Lot and to delete references to DMS as agent for the Owner as to the Parking Lot component of the Project 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 Unforeseen Conditions located in the Police and Administration Bwldmg Parking Lot 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 f (1) Guaranteed Maximum Price — the Guaranteed Maximum Pnce (GMP) for construction of Project VKB 98069000 Village Community Center Village Fire Station Village Pohce Station and Administrative Office of the Village as defined in Article 7 1 of said Agreement shall be $23,267,167 00 (which includes the $40,085 00 GMP for the remediation of concealed conditions at the Pohce & Admnustration Building Parking Lot) (2) Drawings and Other Supporting Documents — m addition to the drawings specifications and other supporting documents identified in previous amendments (No I 2 3, 4 5 6 and 7) to the Agreement the Guaranteed Maximum Price (GMP) for construction of the Project, is based upon_ the followmg drawings and other supporting documents a Proposal #R -109P to the Village of Key Biscayne from James A Cummings Inc dated May 5 2003 and as directed by Spills Candela DMJM in response to RFI #I003 dated February 26 2003 which are attached hereto as Exhibit ' A ' b The revised Project Budget which is attached hereto as Exhibit B ' (3) Elimination of Agent — the DMS is hereby elimmated as the agent of the Owner concerning the construction of the Police & Administration Parking Lot component of the Project Owner may subsequently appoint a new construction program representative (4) 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 (5) a Deletion of the services of the DMS for the Pohce & Administration Buildmg Parking Lot component of the Project b Establishment of the GMP for the remediation of concealed conditions located at the Police & Administration Building Parking Lot m the amount of $40,085 00, and establishment of the GMP for the Project of $23,267,167 00 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 m full force and effect a 0 IN WITNESS WHEREOF the parties have executed this Amendment the day and year first wntten above JAMES A CUMMINGS, INC Attest By l uia _ Ka_124 By Id \C. Corporate Secretary William IL Derrer Corporate President James A Cummings Inc Witnessed By gia-k N4wcy/,LAKE (print name) A Galt 4414-6i. P.tindlti, (print name) VILLAGE OF KEY BISCAYNE Approved as to form and legal ufficiency 103001\agreementslamendment to a. - • ent tween owner and construction manager (Corporate Seal) EXHIBIT 8 OWNER CONSTRUCTION BUDGET POEM DESCRIPTION CONSTRUCTION BUDGET CONSTRUCTION MANAGER S PRECONS IRUCTION PHASE FEE _ 3113 190 00 SUBTOTAL OWNER S TOTAL PRECONSTRUCTION PHASE FEE 3113 190 00 FIRE RESCUE DEPARTMENT & ADMINISTRATION AND POLICE FACILITY CONSTRUCTION MANAGER'S CONSTRUCTION PHASE hEE 3527 39200 CONSTRUCTION MANAGERS OVERHEAD & PROFIT_ 5457,22300 CONSTRUCTION BUDGET BALANCE _ .,, _ 59,862,250 00 SUBTOTAL CONSTRUC ETON COSTS - ! 310 846 865 00 ANTICIPATED OWNER SALES TAX SAVINGS _ __ _ _ _ (S159 266 00) SUBTOTAL .. 310 687 599 00 OWNER 5 CONTINGENCY $256924 00 OWNER S GMP BUDGET FIRE RESCUE & ADMINISTRATION/POLICE _ 310 944 523 00 OWNER'S CONSTRUCTION BUDGET FIRE RESCUE & ADMINISTRATION/POLICE WITH PRECONSTRUCTION FEE _ _ 311,057713 6b VI.IAGE CIVIC CENTER SITE & SFIE INFRASTRUCTURE WORK ELECTRICAL DUCT BANK AND WATER MAIN CONSTRUCTION MANAGER'S CONSTRUCTION PHASE FEE 5119,226 00 CONSTRUCTION MANAGER 3 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 Si l T: & SITE INFRASTRUCTURE WORK PHASES L 2.3 & 5 (INCLUDING STATE SCHOOL 'FE 5 ARY SEWER FORCE MAW) CONSTRUCTION MANAGER S CONSTRUCTION PHASE FEE _ _ 562 63000 CONS (RUCTION MANAGERS OVERHEAD & PROFIT 367 483 00 CONSTRUCTION BUDGET BALANCE SI 459 011 00 OWNERS CONSTRUCTION BUDGET VILLAGE CIVIC CENTER SITE & SITE INFRASTRUCTURE WORK 31.589,124 00 VILLAGE COMMUNITY CENTER (RECREATION CENTER) CONSTRUCTION MANAGER S CONSTRUCTION PHASE FEE 3564 455 00 CONSTRUCTION MANAGER 5 OVERHEAD & PROFIT $422 814 00 CONSTRUCTION BUDGET BALANCE _ $8 831 401 00 OWNERS CONSTRUCTION BUDGET VILLAGE COMMUNITY CENTER (RECREATION CENTER) 39,818,670 00 OWNER S TOTAL CONSTRUCTION BUDGET (ALL PHASES) $23 267 167 00 0 r,mr.ii.,cis C d Contractors Mav 5 200i Village of Key Biscayne Police Department 85 West McIntyre Street Key Biscayne FL 33149 James 4 Cummings Inc 3575 Northwest 53rd S ree Fort Lauderdale FL 33309 Phore 954 733 42 Fax 954-4859688 '.Nebste iN AL ,amesacuT)mings con TRANMITTED VIA FAX ATTN Mr Jud Kurlancheek RE KEY BISCAYNE CIVIC CENTER REVISED CHANGE ORDER REQUEST R -109P FOUNDATION DEMOLITION @ EXISTING POLICE & FIRE STATIONS Dear Mr Kurlancheek, James A Cummings Inc is submitting Revised Change Order Request R 109P which incorporates the removal of unforeseen conditions (foundation system, see letter dated March 7 2003) and the installation of additional fill material needed to bring the site to working grade elevations an additive change order in the amount of $40 085 00 is required Please see attached backup and summary form and subcontractor quotations for a recapitulation of this amount. 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,ACUMMINGS, INC Al !c Ider Smith Jr P t Manager Cc Rick Derrer JAC Rob Maphis JAC Jere Lahey DIM Eugene Santiago VKB Armando Nunez V KB FILE eYANk4 tT A James A Cummings Inc Proposal Summary Form Village of Key Biscayne R 109P Foundation Demolition Unforseen Conditions ISECTION DESCRIPT1ON OF WORK LABOR MATERIAL SUBCONTRACT 02__ =Mlam>_tttlreckrng Inc. - _ - i , - Removal of 982 Cubic Yards of Additional Materials t t $34 370 , 02 Megatran Inc it I Removal of Pilings (8) for Exfiltration Trench Installation `, 1 f $558 Removal of Pilings (26) farEhiltration Trench Installation I ; I ;} i $12601 01 Constnrctlon Phase Extension ($2 080/Per Day Allowed By Article 8121 B) AmourreReduced By Cummings $3 500 I r 11- f 1 � I1 I i i SUBTOTAL LABOR BURDEN SALES TAX SUBTOTAL TOTAL OVERHEAD (4 5%) SUBTOTAL PROFIT (Included in Overhead above) SUBTOTAL BOND TOTAL $off $01 539 6881 0 50 $o $o $39 688 539 688 NONE $39 688 NONE 539 686 5397 $40 085 MMMI WRECKING CO t ka-r A `i_-ca 17 200 James 4 Cummings Inc_ Kay Biscayne Civic Center Job Site Phone (305) 361-9227 Jab Site Fix (305) 361 5647 ATTN Alex Smith RE Key Biscayne Civic Center Foundations of Existing Pobce and Fire Station Dear %Ir Smith Miami Wrecking Co has performed the removal ofunknownkoncrete slabs and fotAndattons The Elevations determined by James A Cummings and tnicktttcket documentation provided by Miaau Wrecking Co t Ta date the agreed quantities come to 982 cu yds which at the contract puce of 535 00 per cu yd comes to the sum of 334 370 00 Because of the harsh abuse our equipment endured due to the unusually large concrete removal 1 can not offer a discount from the pncmg above Also Miami Wrecking Co requested a change order that wulapproved on 3/30/2002 by Frank Sedmak which we bave not received (Enclosed) r Sincerely Miami Wrecking Co Kenneth Chaiken RECEIVED r1 Ar2 1 5 2UO3 /3331 !N S INC Qr-1Q33 W .w_X.43 RD 17/1"7 / POMPANO leg FL 31069 954-972 6055 Fa 954 975-5449 e Lensed L t 's, grid EietrmlCc con Ce-sc---cn.cn \ta-ta cr^crt FIELD CHA\CE ORDER REQLEST r1/4E\. RISC t% Na- CIVIC CF NTFR & POLICE DEPARTMENT FIELD CRAtiGEORDER i OWL n4chio3 DATE t%- 0/ — 0- PREPARED BYQ//r/Hyl4// 4/046154e MAN HOURS REQUIRED 3 614410,0 ADDITIONAL %ORRDESCRIPTION &Hilfrft6 orr/) lie e. Ales�gs 4 x 3 Elt = /2 #4a AG- sr o _cow Felt ACCEPTANCE OF CHANGE ORDER REQUEST The above spec ification r and conditions are lice eby accepted and a coi responding change order will he prepared ' ea are anthorraed to do the work as specified Accepted '• Signature .,aria, A. Cummings Da e ♦ Van Fro da 33 " • 305'4— -0^ • FAX lKu 124_ n Ap-I22 2CC Sta-e Ltlin and Electrc2l Connuors &qr., on Manag -nert Transmitted via Tax to 30 i 361 Jar tilt Ann Project‘toha&e' — — Tames rA Cummings Inc 3575 NW 53rd St -_t Fort Laude dale Florida 33309 RE Village of Kev Biscayne Police Department Change Order Request Dear Mr Smith As per James A Cummings Inc s request, please find below the additional cost for the removal of the concrete pile removed by Megatran s crew dunng the installation of the drainage system in the police park rig lot • neno clean and haul away (26) concrete' piles removed by Megatran Total = $ 1,11ff 00 +10% Overhead = S 10100 +10% Profit = 5 105 00 Total of tics Change Order Request = $ 1,160 00 We would resoectrully request the preparation ofa Change Order to our subcontract in the amount of SI 260 00 for the cost of this out of scope Stncerel Michael B Acos a, PE Piestdent RECEIVED APR 2 2 2003 Janes ? Ct,mr ings Inc Key Bisca1re Civic Center s Yiarn Faria 3)S 2 • 0-,1 47- -0- • FAX(10) .724239 lL vir t Etvrtiscr 'N Cummin s 1 Request for Information )erailed (without Collaboration) _r upcd b 'Numb r Key Biscayne Civic Center 88 Wiest McIntyre, Street Kev Biscayne Honda ) 149 Project # 99 138 T I 303 361 9_21 Fax )0 361 3647 James A Cummings Inc RFI # 1003 Date Created 2/16/03 To Company Attention Author Company Authored By — Spillis Candela DMJM Roberto Lage James A Ctuntttmgs Inc Lantz Holtzhower — — — 530 Crandon Blvd Key Biscayne FL 33 149 Subject Grading and Drainage Police Station Ctv l Discipline Cost Impact Amount Sched Impact Days Dwg Impact n a Cc Company Name Contact Name Copses Notes Village of Key Biscayne Eugenio Santiago 1 Question Date Required 3/5/03 Please refer to Sheet C3 1 01 and the attached sheet indicatmg the area m question ( ""`'During demolition and removal of the foundation at the old Fire and Police Stations A ".,,. ,:Pdmg Foundation System was discovered at 6' o c The location of C B No 4 may be m conflict with the existing piling foundation along with the 47 L F of Exfiltration Trench (see attached) If this scenario exists can troth CB No 3 & C B No 4 be relocated (approx 4 0 ±1) East or West to accomodate the Ex -filtration Trench install Please review and revise drawings if necessary Suggestion Answer Company Spilhs Candela DMJM Roberto Lage Answered By Co -Respondent Answer Date Answered 5/2 03 Yes catch basins can be relocated as necessary to avoid pilings Rim etevanons to remain as per plan Prolog Ilaaager Printed on ) 0 \Ulaud,a-sen r prolo manag proje ts.kbam mlra pmd Pave 1 of 1 00 64 Ls1 ]AltIC r CIN1 J S IM t Th RESOLUTION NO 2003-15 A CAPITAL PROJECT AUTHORIZING RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO PURCHASE THREE NEW VEHICLES FOR THE POLICE DEPARTMENT, PROVIDING FOR AN EFFECTIVE DATE 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 authonzed to purchase three new police vehicles in the amount of $74 172 as descnbed in the accompanying memorandum Section 2 That the Village Manager is hereby authorized to sell the three replaced Village vehicles as descnbed in said memorandum Section 3 That this resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 13th day of. May , 2003 iare NCHITA H ALVAREZ CMC VILLAGE CLERK APPROVED AS TO tRM AND LEGAL SUFFICIENCY VILLAGE A TO MAYOR ROBERT OLDAKOWSKI Vzllag C anal Robert Oldakowski Mayor Jorge E Mendia, Vu Mayor Martha Fdez Leon Broucek Carol Diaz -Castro Mortimer Fr ed DT May 6 2003 James am Petersete TO ' o t orable Robert L Cb f fP 1 FR/ acqu R enen4 Michael) Flaherty RECOMMENDATION embers of the Village Council Ponce Department Vehicle Replacement 1t is recommended that the Village support this resolution that would allow the Police Department to purchase three new Pohce Vehicles for a total cost of $74 172 dollars These new cars will replace three Ponce cars that are currently being sold as part of the Vehicle Replacement Program BACKGROUND In an effort to replace aging and high mileage vehicles in the Police Department s inventory the department sells older vehicles that have accumulated the most mileage on a yearly basis After the liquidation of these vehicles new vehicles are purchased through the Florida Shenffs Association & Florida Association of Counties Bid Award Announcement The three Police Vehicles to be purchased are all full sized four door sedans with extended warranties The department will benefit from a significant savings by purchasing these cars from the large Honda Sheriffs Association & Florida Association of Counties Bid Award Announcement for 2003 Once the vehicles are received there will be additional costs to outfit them with associated police and emergency equipment The Police Department will be selling the two oldest vehicles m their mventory two 1997 Ford Crown Victonas In addition to the selling of these two vehicles a third 1999 Crown Victoria will also be sold This vehicle was involved in an accident, was repaired and painted and will also be replaced All three of the above vehicles to be sold have also accumulated the highest inileage m the department s current inventory 88 West McIntyre Street Key Biscayne Florida 33149 (305) 365 5555 • Fax (305) 365-8937 MISSION STATEMENT TO WORK IN PARTNERSHIP Wrrf THE COMMUNITY WE SERVE TO SOLVE PROBLEMS AND RESOLVE CONFLICTS THIS WILL BE ACCOMPLISHED BY PROVIDING COURTEOUS COMPETENT AND EFFECTIVE DELIVERY OF LAW ENFORCEMENT SERVICES IN A FAIR AND IMPARTIAL MANNER RESOLUTION NO 2003-14 A CAPITAL PROJECT AUTHORIZING RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, CONCERNING THE VILLAGE OF KEY BISCAYNE CIVIC CENTERPROJECT, AUTHORIZING CONSTRUCTION OF A FULLY ENCLOSED STRUCTURE TO PROTECT AN EMERGENCY GENERATOR AT VILLAGE HALL/POLICE STATION, AUTHORIZING AMENDMENT TO AGREEMENT BETWEEN OWNER AND CONSTRUCTION MANAGER CONCERNING THE POLICE/ADMINISTRATION EMERGENCY GENERATOR BUILDING, PROVIDING FOR USE OF FDLE GRANT FUNDS, 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 from a grant source to provide for the construction of a building to protect an emergency generator at the Village Hall/Police Station of the Civic Center project (the ' Project) and WHEREAS the Village has received a $72 760 00 grant from the Flonda Department of Law Enforcement (the FDLE Grant ) to pay for the cost of the construction of the emergency generator building and WHEREAS it is necessary to amend the Agreement between the Village and Construction Manager to implement 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 Adonted That each of the recitals stated above is hereby adopted and confirmed Section 2 Work Authorized That the construction of the emergency generator building at a cost of not to exceed $72 760 00 is hereby approved The work shall be funded through the above referenced FDLE Grant Section 3 Amendment To Agreement Approved That Amendment No 7 to the Agreement between Village and Construction Managet in substantially the form attached hereto 1 is hereby approved and the Village Manager and Village Clerk are hereby authonzed, in their respective capacities to exbctite tire Amendment to Agreement on behalf of the Village once approved as to legal form and suffioiencc 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 22nd day of April, 2003 cdc c. a MAYOR ROBERT OLDAKOWSKI HITA H ALVAREZ CMC VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENC VILLAGE ATTORNEY 0 RECEIVED AMENDMENT TO AGREEMENT APR 14 2003 BETWEEN OWNER AND CONSTRUCTION MANAGER James A Cummings Inc Key Biscayne Civic Center PROJECT NO VKB 98069000 PROJECT NAME AND LOCATION Village Community Center (Recreation Center) Village Fire Station Pohce Station and Administrative Office of the Village of Key Biscayne, Flonda (the Project ) AMENDMENT NUMBER #7 (Police & Administration Generator Building) THIS AMENDMENT made this 11th Day of February 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 Honda Corporation 3575 Northwest 53rd Street Ft Lauderdale FL 33309 Phone (954)733 4211 Fax (954)485 9688 (the Construction Manager ) Federal Tax ID Number 59-2098732 WHEREAS the Owner (as a direct signatory and through rts 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 and 6 and WHEREAS it is now necessary to revise the Agreement to commence construction of' the Police & Administration Generator Building and to delete references to DMS as agent for the Owner as to the Generator Building component of the Project 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 Police and Administration Generator Building 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 $23,227,082 00 (which excludes the $72,760 00 GMP for the Police & Administration Generator Building) Costs for changes to the Police and Administration Generator Building are not included in this Amendment Payment for this work in the amount of $72,760 shall be made directly to Cummings by the Village of Key Biscayne via a FDLE grant In the event that Cummings does not receive payment for this work, the GMP shall be increased by $72.760 and payments shall be issued by the Village of Key Biscayne (2) Drawings and Other Supportiiiig, Documents — in addition to the drawings specifications -Land other supporting documents identified in previous amendments (No 1 2, 3 4 5' and &)\ to the Agreemdrrt„ the, Guaranteed Maximum Price (GMP) for construction of the 1Project ra based upon the following drawings and other supporting documents a Proposal #R 90P to the Village of Key Biscayne Police Department from James A Cummings, Inc dated January 14 2003 which is attached hereto as Exhibit A b Drawing sketches S/SK 14 S/SK-16 S/SK-17 A/SK 57 and A/SK 58 entitled ITC No 35 Generator Support Structure dated 12-05-02 as prepared by Spillts Candela ➢MJM c The revised Project Budget, which is attached hereto as Exhibit 'B (3) Elimination of Agent — the DMS is hereby eliminated as the agent of the Owner concerning the construction of the Police & Administration Generator Building Owner may subsequently appoint a new construction program representative t (4) Changes in Agreement — vanous changes are required to the exhrbns 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 Deletion of the services of the DMS for the Police & Administration Generator Building component of the Project, b Establishment of the GMP for the Police & Administration Generator Budding in the amount of $72,760 00 and establishment of the GMP for the Project (excluding the Generator Building) of $23,227,082 00 c The Police & Adnumstration Generator Building shall be funded by the Village of Key Biscayne via a FDT.F grant in the amount of $72,760 00 (5) 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 wvntten above JAMES A CUIVIN1INGS, INC Attest BY '1'EvwJ. a Il rJW_ By Corporate Secretary William R Derrer Corporate President James A Cummings Inc Witnessed By (pnnt name) BY _?Fs ak. mala—, (print name) st VILLAGE OF KEY BISCAYNE lage Clerk Approved as to form and legal sufficiency By ?If kr'b--\ Village Attorney I03001\agreements \ amendment to agreement between owner and construction manager (Corporate Seal) EXHIBIT B OWNERS CONSTRUCTION BUDGET ITEM DESCRJPTION CONSTRUCTION BUDGET CONSTRUCTION MANAGER S PRECONSTRUCTION PHASE FEE $113 190 00 SUBTOTAL OWNERS TOTAL PRECONSTRUCTION PHASE FEE $113 190 00 FIRE RESCUE DEPARTMENT & ADMINISTRATION AND POLICE FACILITY CONSTRUCTION MANAGER S CONSTRUCTION PHASE FEE 5523 89200 CONS I1lUC I ION MANAGERS OVERHEAD & PROFIT _ $457 223 00 CONSTRUCTION BUDGE[ BALANCE $9 825 665 00 SUBTOTAL CONSTRUCTION COSTS_ $10 806'78000 ANTICIPATED OWNER SALES -TAX SAVINGS ($159 266 00) SUBTOTAL _ _ $10 647 514 00 OWNER S CONTINGENCY $256 924 00 OWNER S GMP BUDGET FIRE RESCUE & ADMINISTRATION/POLICE 510904 43800 OWNER S CONSTRUCTION BUDGET FIRE RESCUE & ADMINISTRATION/POLICE WITHPRECONSTRUCTION FEE _ $1101762&00 VILLAGE CIVIC CENTER SITE & SITE INFRASTRUCTURE WORK ELECTRICAL DUCT BANK AND WATER MAIN CONSTRUCTION MANAGER 8 CONSTRUCTION PHASE FEE 5119,226 00 CONSTRUCTION MANAGER S OVERHEAD & PROFIT .. $34 321 00 CONSTRUCTION BUDGET BALANCE _ 5647 913 00 OWNER 8 CONSTRUCTION BUDGET VILLAGE CIVIC CENTER S11 E & SITE INFRASTRUCTURE WORK ELECTRICAL DUCT BANK AND WATER MAIN _. 5801,660 00 VILLAGE CIVIC CENTER SITE & SITE INFRASTRUCTURE WORK PHASES L 2, 3 & 5 (INCLUDING STATE SCHOOL FF SANITARY SEWER FORCE MAIN) CONS 'RUCTION MANAGER S CONSTRUCTION PHASE FEE $62 630 00 CONSTRUCTION MANAGER S OVERHEAD & PROFIT $67 483 00 CONSTRUCTION BUDGET BALANCE $1 459 011 00 OWNER S CONSTRUCTION BUDGET VILLAGE CIVIC CENTER SITE & SITE INFRASTRUCTURE WORK _ 51,589,12400 VILLAGE COMMUNITY CENTER (RECREATION CENTER) CONSTRUCTION MANAGER S CONSTRUCTION PHASE FEE $ 64 455 00 CONSTRUCTION MANAGER 5 OVERHEAD & PROFIT $422,814 00 CONSTRUCTION BUDGET RAT ANCE $8 831 401 00 OWNER S CONSTRUCTION BUDGET VILLAGE COMMUNITY CENTER (RECREATION CENTER) _ $9 818,670 00 OWNER S TOTAL CONSTRUCTION BUDGET (ALL PHASES) $23,227 082 00 0 D 0 James A Cummings rf) 3575 Northwest 53rd St Fo^4- La.,ae dJe El 333 Phone 954-733-421 Far 954-485 9688 umrrunc%s General Contractors January 14 2003 Website wwwjanesacurrminos c Village of Key Biscayne Police Department 85 West McIntyre Street Key Biscayne FL 33149 ATTN Mr Mike Flaherty Police Chief RE KEY BISCAYNE CIVIC CENTER PROPOSAL #R 90P GENERATOR ENCLOSURE Cal POLICE & ADMINISTRATION BUILDING Dear Mr Flaherty James A Cammmgs Inc is submitting Proposal fR 90P This proposal incorporates the installation of materials to provide revised Generator Building for the Police and Administration Building per ITC 435 Please see attached backup and summan for the work in the amount of $72 760.00 James A Cummings Inc reserves it right to request compensation for costs and a time extension which ira\ result from this change These costs may include but are not limited to compensation fora time extension includmg jobsite and home office overhead and related costs loss of labor efficienev escalation costs and subcontractor claims These costs and required extensio-i to the project schedule. are not a seernable at this time once these impacts become apparent, -we viIT advise you accorningh If there are an) questions and/or conce-ns regarding this matte- please do not hesitate in con acting this office at (305) 361 9227 for discussion Sincerely JAI IIE,S I CUMMLNGS INC APpr I ander Smith J- rnip-t Mann oer Cc RickDe-re-JAC Rob Mapms T AC Je-e Lahes DVS !Lid kurlancneek VILB >vira Gladstone Spilhs Canaela DIVrtvf FILE !! , i Mike Flahe't 20 ire hi>c Z t}t ace of k pc R, c^aynn A-pprani -astquel me *Menendez etpna ger Village of rey Ba_scas-ne 1 1 James A Cummings Inc Proposal Summary Form Village of Key Biscayne ITC NO 35 POLICE BUILDING GENERATOR ENCLOSURE SECTION DESCRIPTION OF WORK LABOR MATERIAL $300 SUBCONTRACT, 01 -IClean-up & Support $1 500 Q1 $uryeyin9ILeyout $1 QQQt 02 IDewatenng $3 500 02 ITrQpiaFence ' I ' nisi -Fir Vinyl Coated Fencing & Gates F ! $17834 03 Areda Construction. Concrete/Masonry Work (Credit forSOG i ($3 304)3 IConcrete Foofing [ $4 946y Concrete BOG 1 $3 948+1 Concrete Elevated Slab I $8 628F, INeW'NtasbnryWall w/Filled-Cells ( $8 4771 05 ifUufab Handrails 07 Conran Cpupang i Joint Sealants 09 B & B 1ntenors< Stucco Allowance 09 LR$o- 'atnttnQ Pa P 15 {ATP in¢atice Mise'PIIutnbing 16 Il'rstc Elecfric Electncati Powder Blue 53 850 $500! $6 000 , $8004 522 39 include LrgfuSng acid Power Q Generator Building Additjonal LrgMrtng and Power for Fountain i(Lrghtnu;gsPrb1ec rrNotStrown Not Included) L113 7-i i 4 �t r included not included I SUBTOTAL wl Vinyl Fencing & Alum Handrails LABOR BURDEN SALES TAX SUBTOTAL TOTAL OVERHEAD (4 5%) SUBTOTAL PROFIT (Included in Overhead above) SUBTOTAL s-zocoi 517501 S., 600 560 C2a SoE °36 -- — c C2.7 572 0-.0 Sn BOND s -Z TOTAL 572 0 Spills Candela DMJM 800 Douai 5 entrance Co a Gables Ronda 3_,1d4 )119 308 444 —691 INSTRUCTIONS TO CONTRACTOR RECEIVED Date ITC No 035 12502 To Alex Smith James A Cummings Construction Co Re Key Biscayne Civic Center PROJECT NO GEL 0 3 JAMES CUM,M NGS 1,4C JOBSITE Titus not an authonza on tor work which will involve a chinge in Contract amount or time it in sour opinion a change is involved notify the issuing represen ative prior to pen -Urn -ling the work B such notice is no rece',ed on or before ten i10) days it shall be deer -red tha you have twat ed claim for change in Contrac an punt o time II I is agreed that a change is involved a Change Proposal Request will be issued This ITC reflects a change to the generator support structure S/SK 14 S/SK-16 S/SK 17 A/SK 57 A/SK 58 END OF ITC Lintel Details FoJnaation Plan Isolation Joint Upper Level Plan Section Uppe Level Plan Lo\Ner Level Plan fscued k \ ne Gladstone CC puce k., to icneek \ iilave or Ne% B scab -e 75/ 8 l 2 X4 TOP CONC Fc 4000 PSI KU OARS SEE SCHEDULE OFLOW _J C I P CONCRETE LINTEL CLEAR OPENING 5/SK 1 1 I Ie p N C)476 U l3 10—Oi 02 O i nlby PA (lec,ked Iy Roy s pals to Sheet No ITC 0 213 1 I SEE r SCIIEOULE 8 0 MASONRY CAST INTEGRAL ® TIE COLUMNS L_ XLY BISCA(NE AOMIN do POLICE BLDG J 3 CONCRETE TYPES MAXIMUM TYPE MINIMUM STRENGTH WATER/CEMENI 28 DAYS RATIO 3000 P51 0 40 II 4000 P51 0 45 4 CONCRETE 1YPES ELEMENT FOOTINGS ALL OTHER dONCRETE TYPE LINTEL DETAILS FdR C M U WALLS GENERATOR Ms Candela A Met Rt MUM int PI n Ind rn4 rl n W.{!J Ulll Bqd Ir CC Cab `+Yb DGi) N4 UQ r (,ip4) i V ) 20 1 S/SK — 16 3 6 16 7 WE 25 WI -26 Oj 4 CONC SLAB W/ WW 6x6 -W1 dxWl 4 GENERATOR FOUNDATION PLAN SCALE 1/q .1 0 ` Oa 1 I b1 N) t 1 1/1 1) 1 11 0 -02 Q3y PA (1 rked I SC 12 wcl Is 11 513 1 tlr ILL 1__ II III tO ISOLATION JOINT (J-2) SCALE 3/4 - 1 0 SEALANT 1/2 PREMOLDED FILLER MATERIAL VERTICAL ELEMENT KEY BISCAYNE ADMIN & POLICE BLDG Spill O wlets, TAW kW( G (1 rl f P1 )( I l Iry 000 0 q (I C roI C bl florid 03134 N P Im(0) 1 (3 ) 1 „ 20-1 3 6 16-7 - TD -I 8W5 t N4 0 17 o/r 1 X dto in I 09 IYP PERIMETER v, `�"-I P-3 t #5 0 12 o/c 8W5-32 1 TB -I 1D -I II x17 W/ 7 #5 CONT EACH VERTICAL fACf. AND X3 /IFS 0 6 O/C GENERATOR LEVLL UPPER 0 -I 11 -0' SCAt F1 1/e > I -0 C. %^ + P I t Ino (19/C We 1 Je 11 Oa 07 / 3f\— 7 DIRev sM cni71u Sheol N( Check d by SC IR 0 1, El +II 0 TQSW3 l +5 8 GRADE N ep TO ITC KEY AOMIN & POUCEN SLOG 0 TO I 1 SLOPED SEE ARCH CLR COVER S QNC it LAfl 0 HIGH POINT LR COVER 2 /5 COW AROUND PERIMETER 0W5 32 CONST JOINT (J=2) TYP PERIMETER 4 CONC 51AB WF-26 (3 (5 CONT $ %5 0 .36 o/c SHORT BNiS) Spite Candela DM.1 a hit* la g (lb •ring PIO i Inkti o 0 mM N i•tl(into$dY JJa ilg5m (7o) 44 4 �df (]9.51f JJ •• -14 GUARDRAIL 42 3 -6 m to —r GENERA R /` EL +10 -0 1>T O SLAB �P- Li 039 rn IL-4EL t6 —0 v FIN FL UP 1' 11-0451 m GATE 6 -8 12 ( (9) 5 -8 STAIR 1111 n POLICE SALLYPORT EL +6 -0 v, 1 —NN I ntnl FIN FL UP FRS T FLOOR - UPPER STAIR A/SK-57 Project No G1975 Dole 11-25-02 Drown by N f 0 Checked by Revisions to Sheet No A2 2 11 KEY BISCAYNE ADMIN Rb Pni ler 171 Ili Spits candela MUM Architecture Engineering Planning interiors SCREEN GRILL SCREEN DOORS f IRS1 FLOOR I rolr<l 110 ( 19/6 Dale 11-26 0) Di own by 111 G Clleyked by R( viyons 10 Shect Ho A? 2 II E3ISCAYNF ADMIN At POI Irr f31 nr S ig Q; ela DMJM Architecture Engineering Nanning Interiors .nn n 1011FIA Alf g34%9"812_1 TropicFence, Inc. The only fence company you If ner need l SF4 \ W 2 Strec Pompano Beath FL. 33000 F\X (9* 960'4,2 DOTE ar um ) Ct'03 CONTRACTOR JAN1E3 \ CL\5 1L\GSINC Aid 3t) a \l\ ' sT t.T cu.t_Zir LAL OCR➢\L: 0) Job N,me EE\ BISCAI\L CL\TC CE\fER Su- et C ry S.`ie Z,-+ nyn 1 s e I Tax, 1 Pc 161 5414' ATT\ ALEX S UTH MtTERIAL LIST Run_ FENCE PROs OS CS "01 LRNISrI & INTALL a r,TX;2 YHGT LHNI\ L1ti FENCE 3 LT X 48 HIGH 01111N LINE. i ETCF X, A4 ,1'NCtLESWING GATT X3 X48 , 1\GTEVOTING GA"ES J H01 C, CORE DR LLEI) A) GALV 13) VINYL TOTAL 5 3 176 00 TOTAL 5 3 727 00 NOTE ABOVE TOTAL COST' ARE PIVEDTC \T"o ON i*.tORM CON :LP? QD Ii} ¶ANTES A CL\t\irt.0 S NC PRICES ARE -LBJ:CT 10 CI IAN GEY. SUTLINSP-CT'Q\ TION t 'AYES & 'MC, -,I raj' 10OR \ X 4 \'^Alt UOATED,T\GLC5 INCC \TES 3 L,T X 48 TITGH TM L CTIA1\ t ihtC FENCE H3LCS t.(JRE 0 U1 ..LD TOTAL S 1783 00 SPECIFIC \TIO\s SAN to teace i abric t (et Cause Sc1 aQc. Top Rail u d Snaccd Cora outs o d_ Dnv G9R. Posts t) d Gate Enures Siretc u Sutng>53 184 C:scttl ^t Satng Ce»crcu. Coottnbs Lin Po -a Tersntnat Porn Lac Pt.Sts Total I1gt Fir, LcT pc h & t4 1 %pc Ltne asts Ei Po b \Aealk Cate t'csts tram Ca ring Dottote o a Cc^t ^s waded Rill ad c� )a NOTE I (MAL CONT I 'LEDIC \ TEL) QN F"\CE INS A_L.Tr?\ I R..CR zO LANDSCAPE. & Si ASYKL£It. PAECEIV ED JAN U y TAMES 7 CUMM NGS JOBSITE \OTT 1 p-onasi. him n alt trot) tr .k_ en urec gtt.pate1I anc tns,,:ance te.csary to n call the .bo de cnbed math, as p— du -td. ptixt" - th r farm Ned to he ton t.n ..n Lr1 sa Mir e 3 -e hay n %LL Fr\CF LI\E, 10 BL CLEARED FINISH GRADED ANT) S I AXED B\ t STUNNER YLtUOR 10 CRAW? 4L OF INc-PAa %TIC (-REV, \\DEQUIPMENT 3 CL STO\IhR \SSE NIES i'l LL RESPONS'BILIIl FOR LNl i\D ALI D L%I lGE TO L'\DLRGROC\D LIN s3 F'P_% , VIE E E- TH4f lRLNOl CLEARU\ \LtRKED 0 1 1 .°Y pip r month u L be clars^d o^ 4u.3 nL P AST D CE TOTAL COST INSTALLED SEE ABOVE -r PERMITS PROCESSING COSTS If appllt.able NULLS GOOD FOR 90 D41 $ i)h LI\FKo 3 41\LEkt ARQK tFI..R FER\t 1 1"P.05 AL TFR\Ia NLI ON BILL INC PRICFS ABJECT 10 CH %.NCL N ITiO CT NOTICE TRO9 C rE.NCL IS wbE & DQT \ITN^ C'T\ CER'IFILD r -Pc -, -t z1 rttS IL the nrne aftne CI' r TM,C 0.n 1 Jntt pa%-ler n ft -u 1t) r -c u11U' .tat -o r e e tt er orb-, me co t c ill dt.rrLad Fa aaemc ^r b‘ oft 9t oz a. et t S Ltj ca It c ..r acnot a re ysra THIS IS.ARET4EN I iTLr CO\IRAC1 I.OPIC FENCE LNC Bt \]LICE \IQN-FE rX 10'1 TITLE EST I'LATOR Jarman 9, 3003 r V ACCEPTED BY TITLE 1•"- I L- r el t0^ la _ t -- St 3 D-TE Dec I3 02 04 12p tirade Construction Inc 305 926 5577 P X 1 Areda Construction, Inc 5735 1R 151, STREET MIAMI LAKES FLORID 4, 33014 Phone 345 826-5676 Fat 305 826-5677 FACSIMILE COVER SHEET FROM Armando Alonso DATE 12/12/02 ATTN Mr Rob Maphus, III Vice President of Operations COMPANY James A. Cummings, Inc. PHO (305) 361-9227 FAX (305) 361-5647 PAGES IXCLUDE COVER COMMENTS ` Police and Administration Bulldmg Dear Rob, Attached please find Revtsed Change Order Proposal =19 for the mentioned Project for your reFision ana appros.al Any questtors please co not hesitate to contact me at 3 our ea-' convenience Thanks rta a G Dec 13 02 04 12F Rreda Construction Irc 305 825 55^^ P 2 tREDA CONSTRUCTION INC CHANGE ORDER PROPOSAL TO Rob Maphis Ill Vice Presdert Operations CHANGE ORDER NO 10 (Rev sad) James A Cummings Inc DATE 12/10/2002 35T5 NW 53 Street PROJECT Village of Key Biscayne For` Lauderdale FL 33309 We hereby proposed to make the following changes at Administration & Police Bu Idrng dhe to fTC-035 by RISK 57158 Date 11 26-02, S/SK 14 Date 10 03 02 & S SK 16117 Date 11-05-02 1 Credit for ong%nal Generator Pad for Admnrstrafton & Police BuSdsng la Credit for Concrete slap on grade TOS +5 8 1 4 thick w/ #& 10 !=W T&Bfsgft] 172 2 New Generator forAdnlmtstratlon & Police Building 2a New concrete footing WF 26 TOF +3 8 12 x26 w'3#5Contmuo #5@36 transversal orc Pt] 84 2b New masonry wall (8W5-32) 8 thick [q] 520 2c Cast In Place Concrete lintels 7 518 thick x 8 wide rrt2#4 top & bottom {If] 18 2d Filled cells #5@32 o/c & go each side of openings jq) 28 and TB -1 TOB 4-10 0 wf2#o top & bottom ,:3tes@6 o/c [111 60 2e New concr_to slab en grade TOS -r5 8 4 thick w' W W F 6x6 N,1 4xW1 4[sgrtJ 304 2` New concrete eteva'ed s ab TOS +1 t 0 12 -thick wr 5@12 each way botlorr & 14@12 perimeter tap [se% 304 TOTAL ADDITION THIS CHANGE ORDER PROPOSAL Note Upon approval this Change Order Proposal becomes part of and rn conformance wah the existing contract WE AGREE to modify the cinema] contract by the following CHANGE ORDER amount Avrhonzed a'gnatu= Arranoo L Alorso P esident Ared_ Construction In ADD $ 24 o55 D3 ACCEPTED the above prices and specifications of this Chancre Order are satrs`actory and a e hereby accepted All work to b- perrormed uncer sane terns and conditions as specmed m ongmal tont act unles otPenr/se stipued Cfie-, kahonzaton Date Rob frlaohrs Ili Vice President Opera Ions Jcr'esP �ummingc int Pleas sg a d rest o e py to 3 c 1 11 IL Dec 13 02 04 12p Breda donstrticta.on Inc 305 B2G 5677 P 3 1 CHANGE ORDER #19 REVISED DETAILED BREAKDOWN to Orel for Concrete slab en grade. TOS+5 er L BREA1CD0wN OF LABOR Carp e1. Labor u ptr n. DrectC st tabor a d 11 BREAKDOWN OF MATERIALS C act te,.30CA pa Reba. rep fan 9 Pone, 'natenals, posy 3. inn as s. Sabbutttf tenets If{ BREAKOOWNOF EQUIPMENTS Ta"ta HJdmuli P rp (mminuncis rg 1 Stebtatai Egtnpm at 4 thick wl#5 +@1U" ENV T85]sgftj 172 -24 ^s S 38 310 ,11r 5 143 001 2 5 1 DC .i, $ 289 00) 2 rn `' S 25 CO iP S 0000a} 9 y3 -825 lb etd n) AT% 5 (2 019 60) $ 6 00 y3 S t$ 6.00) $ 0.30 4bs $ 147 501 $ tzon a) 5 11'023 50) $ 6603 rtit 5 4250`0 (260.00) 2a New concre a fhobng WF-25 TOF +3 8 129026 w13A5Contlnuo a5©35'transversai otc, (!f( 1 BREAKDOWN OF LABOR. C yen er Labor Splsc..r> Dtr al Cos Labor Burr' n 11 BREAKDOWN Oc MATERIALS Con f9G; 2000 ps R `tea ref 1 rang can gmate Is posy&n calla 0 S bioatal 1 n S 111 -BREAKDOWN OF EQUIPMENTS ra }Ada ItPor4(n m mc'+ c S btat tEqu,pne t 2b New masonrywafl (8W 32) 8 (hick, [q]..23 1 BRENCDOWN O' LAB0P ftasaa L bar 5 gar an 0yec C t Lobo Burn 11 BREAKDOWN OF MATERIALS P'RegcarC -rale El >rs Styx= dApp.=ter Sa C .$rare U"e Su total Mat nals III BR..AKOOWN OF EQUIPMENTS 11 Stay BS car 4 9 $ bt tat Fquipm 11 3c 111 S 18'+D •N $ 049,00 9b'm S 12.00 b. $ 432`00 36'ryt^ S 25.F0fi l - 90000 $ 198000 50 S 3‘02542 B5 y3 5 84AD 33 5 5'4.p0 L8 rbs 5 0S0 4bs S 7�9f,40 $ 4adC6 $ r 123.40 b 1- $ 5980 3o S _S0I6a 5 260 0 24 t 1dAQ 1 S 432.00 24 t 5 12.0C t 5 5800 24 /3 5 2500 1t 6^Y00 5 2c00 53't. S 201960 as M 5 . do $ 250 3 5 2..00 $ CO $ 250 00 2 Cast in -Pace Concrete lintels ' 518 t. Ick x 8 w,de w244 top & bottom ITf 18 I BREAKDOWNS OF 1 AMOR ge12 at S 50 Sr 5 .4✓ L q 3 P 5 20 11 9 S p n a t 3 ➢3 h 200' 0 ➢ ea Co 44000 L Sor d n 53'4 S 11 BREArCDOWN OF 0..ATERIALS Cana te. ^ m mum rnar R.b mf c g, mu 1 ,u. 5 rmscel S biota Ma anal 81 BREAKDOWN OF EQLIPW_N'S ✓ dra I P r m n tr btatal Cqu pm 'S 5 *00 -/- -5 $ CS 5 5 0 0 00 5 v-.0 M *000 2 00 0 0 Dec 13 02 04 12p Freda Construct Lon /nu 305 826 5677 p 4 CHANGE ORDER #19 REVISED, DETAILED BREAKDOWN 2d F fled cells #X5@32 ors & #o acT s oe of open gs [4128 and TB 1 TSB +10 0 w,i2 bottom #3 les o ofc 1$ 60 1 BREAKDOWN OF LABOR. rennier 43 1r $ 3 00 M 5 85- 00 ab 49 .h 5 1 00 5t S 576 00 Sperv °^' 24 m 5 L 00 b S 600 00 D eat cost Lebo eurde S 25.000 J I IL BREAKDOWN Or MATERIALS i Co crate 40.,0 py at mm nerg j 4 Y3 $ S00 y2 $ 2 00 1 R Bartel f r. g 372 tbs $ 030 h 5 1 60 + F nru g rurttal poxy 8 rbscananes S 250 00 S bt tel Mat Is S 633 0 -- 53 5 3 2 -0 111 BREAKDOWN OF EQUIPMENTS r Hvloulic P mp (mrnmum cbarg Sub IEq pm nt 4 h S 6>ro m S 26000 Ze. New concrete slab on grade TOS +5 r 4 'thick, wf W W F 6x6 -WI 4xW1 4rsgf1304 I BREAKDOWN OF LABOR. Camrnee. 2 T 5 1800 the L be 24 11 5 200 nv F ish 4 h $ ? 00 !M So M 25 n $ 2500 0 0000 t Lab a it) n d BREAKDOWN OF MATERIALS C a t 4Mpsllm en ncharg t Rab rnnforcng Fort -34n 1-erame. expars t 5 btatalMat la) rns&rn 00 Dec s. S 260 00 S $ 1 $ S 1 7'11 00 53 5 2 631 60 43200 268. 0 0000 600 CA 4 3 5 eate n 5 2'200 0 $ 030 1n 5 s ,a a P1 BREAKDOWN OF EQUIPMENTS T H Oral.. Pump (-sr mum d argal n $ 8{ C0 t S 2600 Subtotal q rpnent 2f Naw concrete elevated Mao TOS 611 0 12-thiat wt#5@12 ea:J)v,ay botton 8 #4© r penm=fer top (son.' 304 L BREAKDOWN OF LAB09 C tpcnlr 6 rh $ 1640 RI $ 144000 L boy BO fire 2 00 t 5 950 ^C 32 Dr, $ 9.0- $ 000 00 S neM or 32 /h. 5 .a cO h $ 800 CO D o Cost 5 400000 abor a •.n n 4 BREAKDOWN 0 MATERL4 S C Zeta .000 p m nn n yr r- ) R ba atom g r rntng na.enal she g S m .eknaous 5 btnt lax Is in BREAKDOWN OF EQUIPME1 TS Sc in Rump n- mum wept b bloat Eq pment IOTA.. COST OVERHEAD {a0aal KObr [ "OT F._ COS- .*ri5 BON3 NO REQ1yREM:NTS INCLUDED NO'S Al othe tnrrn the or a rontr t rem un-ha gel i 2200 S 260.0 an. 5 S 200 12 V3 S 6800 81500 543 $ lb $ 28 90 $ 25..00 re S Oa .0 ....nn 00 $ 346.20 S 52 0 5 13 ... S OT 1 5 24 50n 0 91/03 2E33 1- 12 "084-,5,333 - .,B rrE'4FI 3"YE e.,GE 01 CUSTOMER. ADDRESS PHONE. CELLI FAX 4T•TN PROTECT ALUFAB J C 000 N W 3g AVENUE, OPA L FL TEL 305-681-4702 /FAX 305-68 -4644 www aiufsbhnurncane.com PROPOSAL/CONTRAq T Tames A Cummings, Inc 35'5 NW .33" Street Ft T sntderdale FL 33309 30' 361-9227 951924-1695 30'S 361-5647 Max Re? Biscayne Adnuntstratton and Fire ReseuelBwlding REcrinTED 0 JAN D 9 'turnery 9 2003 A CUMMINGS WEL JOBSITE Order R li s opocc to thrum :tall las fottokstcp n te,m aaas6aaedby 4LI2PAB /NC for ttp above bnaa piyeq o.ar..yn. by ft ths tarrosicondttsxes of tin e.3nti ppco2o..0 "finch upon a¢ swans= of dma.vpealh tick," d oven �"E T atlas psoposat basso below .hell lk c a contract ba c4 CUSTMER and ALUFASINC. ALUFAB PROPOSES TO FURNISH AND INSTALL USING OPEN SHOP LABOR THE Far TOWING DE Wt I DED ALUMINUM RAILINGS IN STRICT ACCORDANCE WITH ALUFAB STAND SAND ALUFAB S APPROVED SFIOPDRAwj»GS AND IN GENERA, ACCORDANCE THE QUANTITIES MW INFORMATION AS PER DAP WING DATED 11 26-02 d2" A1o'ndi a Picket Rariiik2 Generator Room 3"x 1 '/ tog cap on I k,"x sr charnel 2 sq post 1" sq packets, spaced tcueject.r" Sphere 2"x 2" bottom channek 2"K 4 bottom till= • .t6"x 42" Pedestrian Date Design to match ratltn abme Self-Closrn3 Self I con g Auuroz 60 lf S 3 5LOp One fIl 0 0'!P'° 2 i I_ 12 dr �5 033 .-,LI c..P -U too-_., 1 c AL'EiRNATEI C AL INCLVD. MATERIAL1 2 DELIVERY 3 ALUFAB'm .. 4 SHOP DRAWIN 5 LOADING 6 AS PER STAND 7 COMPLETELY 8 SHIPrn. o 9 FOR CORE U•i 10 COREDRILLIN. 11 STANDARD AL 12- SALES/USE T I3 MUST HAVE t 'a iowl2ER co4r ALUFAB EXCLITD 1 KYNAR 500 2 COST OF 1OBSl 3 ENGINEER 4 COST OF BOND 5 STAGING 6 REMOVAL OF 7 BLOCKING OFF 8 UNION OR PRE 9 WO t'tCTION 0 10 ANY REPAIR O' 11 WA1tit_'o• 12. LISTING ADD 13 ON -Si it. TES 1+ ANY MATERL 15 MISCELLANES ge Railing and Gate To 518"x 1/1/2' Tap Cap c 1" Bottom Channel sq. Posts " sq Pickets spaced to reject a 4" sphere Dejact From Base Bid 51100 00 THE MEASURE FOR APPROVAE. BUILDING CODE 1997 EDITION WELDED FABRICATION LNSTALLATION AB LEWIS ON &MRTIFICATE OF ENSURA1»CE ON MATERIALS OR ACCESS TO BALCONIES TO FIELD MEASURE & INSTALL WISH STANDARD COLORS TEES FOLLOWING; t PERMITS OR INSPECTIONS TIONS OR SEALED DRAWINGS i REQUIRED) STING OR TEMPORARY RA/LS CCESS TO OR TEMPORARY RALT_.ING AT EICS-F ING BALCONY AREAS i t G WAGE LABOR 1 RAILING AF i tk INSTALLATION CONCRETE DECK OR SFRDC URr G SEALB4G OF POST ACRES �NALINSURED NOT SPECIFICALLY NOTED AS 1NCuUED S OR ORNAMENTAL METALS 01/P9/2603 1' 12 a890E3 LLrF-,8 -'r PFi 2„1\ 1 k { { NOTE PRICE 7 i UDES FOR ALL ITEMS BEING SUPPLIED BY ALUFAB INC TERMS TBD TAt81 Sum of r : THOUSAND Efai HUNDREDANDTIFTYI Dollars (S) 38 CUSTOMER SRiVA '+ QUOTATION L'B1�SI S TrFD B' (Quct)hon an cia=5 T'TLE ' PATE COKIRACTACCEPTIth BY ALUFABINCORPORATSIr T CI'LE DATE PRIS'FS ARE.TIItbf FOR 30 DAYS 0 0 0 1 11 1 il IL J FIRM i ELEF r )1VE BID 'El Dis(4-100_ PC L icc c-'ENIE:-Itg. 84_ Dc rt Tj Er(t MA - V 114_4 A- 13 1%L_ A:CR SS CLASS OF WORK t AuoitL /LiYhi' Yom-)1""oo WORK INCLUDED PEal 4Ei . � �K Ni-- se & (\AucK (JkLC 1.1 �1 PHONE ( a MOUNT CF q 1� t I I t 1 I h _0-A_ 5tC EXCL..SCN5 AND OJA-IF1CA'IONS - I -XCLnDtD int. JDED ,/ 1 A C- YE: 8' Pc;-- ut S #CKCQ5$ 41 INTERIOR SYSTEMS INC 0 3625 WEST BROWARD BLVD FORT LAUDERDALE FLORIDA 33312 p54),581 0713 FAX 581 0788 Cost Proposal Date October 31 2002 From Scott Vidal To Tames A. Cummings Inc_ 3575 Northrrest53`d Street Fort Lauderdale Florida 33309 Attn Alec Smith Regarding ITC .432 Job Name k.dmuustratron & Police Budding Contract # B & B Job #- 010541, Proposal$ 034 1 The total pnce for this res rsron Is ¶Iatenal / Equipment S 4 400 Labor S 11 946 Profit Sr 2 451Totaltal b Please note the foflowuig qualifications Stucco on the near generator burldmo Stucco is figured on the outside and the mside of the generator room uhA-e the a ails are exposed to k eather Q PI _ c call with am comments METAL FRAMING DRYWALL ACOUSTICAL CEILINGS EX—ERJORFIN/SNS"STE4 1 02 03 08P G C Prods G C BUILDL\G PRODLCTS GREG COCPEP Ma-rufae-urers Rep 3251 S W 134th T„ race Ft Lauderdale FL 33330 Nrovem `0r r _TAN? J frrlr , q l Llfrtflfin,..l, IP(L Attu Bill Hilton Itc Farina Sc. Pi dice Rrrnun 'Pruitt! bor the account of tndustnai Louvers, Toe. Ike propose to furnish only the touter rtqurr Ltncut` lin tic. ubovc LLiLlutcxl tlrujet.r U rirrluw, (954) 370-f par) 370.62i Mod-- 653xPDC = 6" deep Drawable Blade extruded a/ammurn channel frames and rrlacks. %Ii wckied construction. Clip rurgk, fvr mstailextrl f 3 x 1-, nie - 2flurharun tihrt.1 scrttra Class I Gear AntitIved liarllr u2l S -R 11 t (inn at S 4 S 4^ with false vertical mullion 1 I 1t } CI'r n FOB Factors Freight Allowed to Jobtlte_ _ — _ S I ROD 00 No Cafes lax ma Merl Pncing ys thr louver model and quantities as mnrcated revt,ro't .ill t 11uu-. pfiCtalt 11iodel 5_53YPDC has been Dade County tWed and approved per PA -201 PA-202.PA-203 IYOA #OI-02I5 03 It Florida PE Seals and Calcs are rte./tarn/ ADD — 5 1 GOO 00 Add for 15 tax} quick slip — 25% 1 trras are Net 30 days to approved credit Any order derzved from the quotation stop r� mark out to Frrduttnat 1 furert. TnL and fvnfo/sue° to tlx z ovr irltcd uchlress rrr ct air s tlrictE 12 rs;v . rc.x and rrvLsxnr r t.vurrd (til claw tnrrn thr. date 0 c utmcj- Mr Industrial Louvers Inc RECEIVED NCv' ' 1 ryJ .LAMES A CUM NCS INC JO?5 _ { Nov 14 02 08 2Oa F sX EIce.=trtc 305 884 2192 { 3 r 10/21102 F I S K electric James A. Ctmimt as 3575 NW 53"' St Ft Lauderdale, Flondt ,3309 Atm Frank Sailhack Cc Robert Map). is II Project key Bus avne Civic Center Subject Fisk Pr>oosal 601061-49 REVISED Other Ref Pt )LICE BLDG- NEW GENERATOR BLOB/FOUNTAIN PINT ECT Dear Sir - We hereby props se to saecse our contract in the amount of 5 22.396.58 furnishing and installing all matenaL and labor as rqu for the above ref rented work In amen to substantiate our proposal we are enclosing one set of ourpncutg and-ecapnulabon sh as well as. our d scrrption of scopr Ihts proposal i. based solely on .he usual cost elements such as labor material mind normal maa-t.ps and noes not included ant amount for adds onai chances m the sequence ofwork. delays. disruptions rescheduling_ extended overhead assocntted watt the nn foreseen delah s or ahsrunuons, overtime, acceleration and/or impa-t costs The right is eaprssh reseal ed to make ,.Salim for an and all of the rob n e Items onor to final settlement of oursubcontraa agreement Thu proposal m 1st be a pted within 10 days after which time it will be subjected to esralauou W= are currenth teqursuog a extenson/consu oration 6 di) s conjunction with tlus change proposal It accented X- We will E troccac with th._, n ork it directed and upon receipt tour change orde, m the ahoy e amoun — \t e are I i w.,t.d.ug with th_ wo k as uirect cL s = need you -hange orde- m Via abos e amount -- Since th two F. to alr-ace bean completed. we ...rem need of c our crane„ order in tihe.aootz, amen — Respttfuf a S -mined Fisk Electric Ccnrr`2nv _ j l,t uI 7 �totc Manage Cc JattN.a'ttell Sr \ ice Pie id=r Jane- D l,m .. Cons. Lg. i'r mar Wa =1.. f' —i C ..rtae 05 .. LC -Nov 14 02 08 20a Chant address JAMES A CUMMINS Atm FRANK SEDMAF 3575 NW 53RD ST FT LAUDERDALE FL 33309 USA F sk Ela:tr 305 98•- 2 92 CHANGE NOTICE CCN# Date (current) Job name Job number Page number 49 REVISED 10 21/2002 Key Biscay re C v c Ceder x01061 1 of 3 Work Description A) Locate cut and e'tend existing feeder conduit to new Gerator Pad location B) Increase in f edei length due to new pad location C) Crane cost to relocate generator at location convenient to assemble enclosure ( Genera or was ordered by Cummins to he delivered to the )cb site wihtout encrosure to accomodate the owner and set at the current location by Curnm ns superintendent) D) TAW technician to come on sl a to ass -able enclosure eve generator .m++ already on site C) Crane & truck co t to se' genera or it place D) Power to Fourta n pump w/ time clorx as required New hunts at Gererato Bido -) New receptacles a Generator Btdh G) New breakers n P nnats as indicated Tr s proposal repia ed previously subrr t-ed CC#5Q10ei t $5 323 2u) & CC'..r:3010e1-45 ( 52 743 0n We eserve the nght to co-reC this cuote fc errors and omissions Th s ouo e cowers dire ct coss only and we reserve the rigor to claw nor tripe- and consequence cost Tnis once is good or eceotanee w hir says -rem the date or eceipt We aquas a time exensnn of 2 cays e win suop]y and in tall al ma enals lacer and eel.. pnen a per par ins _ctions on CON a<c..^> ,t;,_N 2c e Rece -.a Dere 3a-tDae Due Date CO Dare 2 GRC kCALV) 3'z GRC, (Gr. V) 1 2 GRC tGAL i2 SRC(GALV) 2 GRC COU'_ Nc 4 GRO COUD_IVC 2 30003J2_t C. 12 GRD COUR_JP O < CPC 4 ELBO 30 410 10 10 2 a 5 U C) Nov 14 02 0f1 21a Fisk Electric 305 894 2192 P 3 4 GRC 90 ELBOW 2 1 r2' GRC AO ELGO' 3 t12' GRC (16 ELBOW 1/2 STEELLOCKNUt 3/4 STEEL LOCKNUT 1 2" PLASTIC BUSHING 3/'- PLASTICBUSHING 2 1/2 STL GND BUS -LING 3 1/2 STL GND BUS -TING 212 PVC 3112 PVC 2 1,12 RVCtFEM ADAPTER fl2r'PVC FEMADA'TER 2 ve PVC COUPLING 31/2 PVC. COUPLIN3 2 1/2 PVC go ELBOIV 311,2 PVC 90ELBO\I #12 THHM HHN =aO�THHN 4'Sila 112DCOMBO - SC11G L RING 3.4 =S "'GANG 13OX #RCI-FIGFR WP GET CO'/ER 20A,120 2r1 S/P Si V 1SG) 20A 12,5V GEI REC (SG} �1GP STl SWRCH PLATE 36 FAR SIDE BOX UPP _ACK1- EfbPERATLR ..AY OPT C44NE COST (4HRc MIN) FLA7ABEP RIENTAL f4HR$ MIN) !ABIDE* RS >;-IANDLING' CUT "t sfl1G CON JUTS INSTALLED FAN©' O G TYPEf4E -YPE G2 TY°E 13 .S 30A N3P DISC a � 20A G� 13PEAKE 20A BREAKER 7 DAY Tlivlc CLOCK :SSE BLE GENER TOR ENC_OSJRE CRANE -RECEIVE E VCLJSURE MODE GENERATOR TO ASS Ef 13LE UNr Total Cen=ral Nlatenals a e ial Tex 61atenal To al IDJRNE' MAN =J -Er lA Subtotal 13 eneaa 5ina' Amoun (@8500/i CCN# Date Jab name Job number Page number 49 REVISED 10 21 2002 Ke} Biscay n- C v 531061 20 3 3 405 57 G 1 2 977 33 G 1 o788853 0 2 36 1336 0 000 24 20 71 0 0 OG la 1246 0 00 666 12 227t 0 ate 1 775 811 0 0 BGb 1 1 12307 C 109- 20 23797 C 2.8'G3 20i 363 37 0 320 1 399 12 C 0.50 1 7'9328 C 0 at 1 272.3a G C 031( 1 487 C 000 1 1 133 0p 0 0331 2 744 00 C 1 03 2 06S- 99 4.2 Y 15M 132 103©.81 L4 234 132 6 93224 M B 2 18457 0 070 2 15033 0 043 2 1184 E 150 2 1099 E 000 2 125130 C 9662 2 1 91) 00 C �.Q 87 2 36 00' C is i25 2 2250 C 8 55:30 E 3 00. 1 300 E 200' 734001E 000 4 0500 E 000 000 E 800 1 000 E 200 1 0 00 E 4 00 285 00 E 5 00 4 o37 00 E 8 00 2 310 00 E - 00 1 100 00 E 3 0`3 1 110 00 E 1 00 2 �5 00 E 2 00 2 90 00 E 6 06 lo 15000 E 3200 -) QC E F 00 (188 r Hrs(� $.:G - (s7 s7 -irs Q $43 55) ( 10 flop ) 1668" iO3A:6"' 075 52 1 068 19 va co. 82 to 4-* 29 2 c2 2a 522 3) Nov 14 02 C8 21a Fisk E2ectr c 305 884 2182 P CONTRACTOR CERTIFICATION Name Date Signature Change Order # CLIENT ACCEPTANCE CCN# 49 REVISED Final Puce $22396 58 Name Date Signature Change Order* CCN# Date Job name Job number Page number 49 REVISED 10,21/2002 Key Biscayne Civic Center 601061 3 of 3 r c 1 L t 2 1 he say arta-teat tam Qoohlb Is canpletx a twat Wad the f tdennab pnvlU a [hanky =apt his yuota{on and L$tbonw The contractor to amp atb b re escnned won 1 11 1 1 EXHIBIT B OWNER S CONSTRUCTION BUDGET ITEM DESCRIPTION CONSTRUCTION MANAGER S PRECONSTRUCTION PHASE FEE - SUBTOTAL OWNER S TOTALPR@CONSTRUCTION PHASE FEE.—___ FIRE RESCUE DEPARTMENT& ADMINISTRATION AND POLICE FACILITY CONSTRC110NMANAGERS CONSTRUCTION PHASE FEE ,. CONSTRUCTION 1t1ANAGFAQVPRHFAB & PROFIT CONSTRUCTION BUDGETBALANCE _ SUBTOTAL cONSTRIICLIONCUSIS _ ANDOSPAY'PR-OWNER'S'AREi5TAX AWNGs_ —__-- SUBTOTAL 4 OWNERIS CONTINGENCY _ OWNERS OMP BUDGET FIRE RESCUE & ADMINI$TRATION/POUCF OWNER 5 CONSTRUCTION BUDGET FIRE RESCUE & ADMINISTRATION/POLICE \" ITH PRECONSTRJCTION FEE CONSTRUCTION BUDGET 5I 13 190 00 5113 190 00 S'23 892 00 $437,223-00 59,825 665 00 $10896 MOW (Sl 5902655_00) $111624,1'0•14 oq $206°92°4 00 $10 9 04 438 00 Sl ,0 7 580'} V711 AGE CIVIC CENTER SITE & STTE INFRASTRUCTURE WORK F7 PCTRICAl DUCT BANK AND18, ATER MAIN CONSTRUCTION MANAGER S CONSTRUCTION PHASE FEE CONSTRUCTION MANAGER'S OVERHEAD&PROFIT __ _ __ CONSTRUCTION BUDGET BALANCE OWNERS CONSTRUCTION BUDGET VILLAGE civic CENTER 511E & SITE INFRASTRUCTURE WORK ELECTRICAL DUCT BANK AND WATER MAIN VILLAGE CIVIC CENTER SITE & SITE WFRASTRUCTURE WORN PHASES 1 2 3 & (INCLUDING STATE SCHOOL 'FP SANITARY SEWER FORCE MAN) CONSTRUCTION MANAGER S CONSTRUCTION PHASE tEE CONSTRUCTION MA'AGER'SOVERH€AD & PROFIT_.— _ CONSTRUCTION BUDGET BALANCE OWNERS CONSTRUCTION BUDGET VILLAGI CIVIC CENTER SITE & SI"E INFRASTRUCTURE WORK VILLAGE COMMUNITY CENTER (RECREATION CENTER) CONSTRUCTION MANAGERS CONSTRUCTION PHASC FEE CONSTRUCTION MANAGER S OVERHEAD & PROFIT CONSTRUCTION BUDGET BALANCE O\ \EPS CONSTRUCTION BUDGET VILLAGE COMMUNITY CENTER (RECREATION CENTER r OWNER S TOT,L. CONSTRUCTION BUDGET (A,.L PH-,SES) $119,-26 00 $ 4,i21 04 $64- 91., 00 550' 660 0C 026_ o3O 00 So 45 00 5I- 90 100 b— 0 5-_n SS a tA0 0 co 2 t ' S l_ _J' n RESOLUTION NO 2003 13 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING VILLAGE OF KEY BISCAYNE EMPLOYMENT AGREEMENT WITH VILLAGE MANAGER, JACQUELINE R MENENDEZ, PROVIDING FOR AN EFFECTIVE DATE WHEREAS the Village Council finds that the approval of the attached Village of Key Biscayne Employment Agreement with the Village Manager Jacqueline R Menendez (the Agreement ) is m the best Interest of the Village NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS Section 1 That the Agreement m substantially the form attached hereto is hereby approved and the Mayor is authorized to execute such Agreement on behalf of the Village Section 2 Effective Date This resolution shall take effect immediately upon adoption PASSED AND ADOPTED this 22nd day of Apnl 2003 AT letz' CONCHITA H ALVAREZ CMC VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENC VILLAGE ATTORNEY MAYOR ROBERT OLDAKOWSKI EMPLOYMENT AGREEMENT THIS AGREEMENT (the Agreement ) is made and entered into this 22nd day of April, 2003 between the Village of Key Biscayne (the Village ) and Jacqueline R Menendez (the Employee ) pursuant to the following teens and conditions BACKGROUND The Village wants to contmue to employ the services of Jacquelme R Menendez as Village Manager and the Employee wishes to accept continued employment as the Village Manager under the tenth and conditions set forth m this Agreement The Village and Employee desire to provide for certam procedures and requirements regarding the employment of Employee by the Village NOW THEREFORE in consideration of the mutual promises and covenants contamed herem the Village and Employee agree to the following SECTION 1 DUTIES Village agrees to employ Jacqueline R Menendez as Village Manager to perform the duties and exercise the powers as prescribed by state law the Village Charter and the Village Code and to perform such other legally permissible and proper duties and functions as assigned by the Village Council from time to tune SECTION 2 1 ERM 2 1 This Agreement shall have a teen of three (3) years commencing on April 22 2003 and ending on April 21 2006 unless earlier terminated as provided in this Agreement 2 2 Nothing in this Agreement shall prevent limit or otherwise interfere with the right of the Village Council to terminate the services of Employee at any time subject only to the provisions set forth m Section 3 of this Agreement SECTION 3 TERMINATION BY VILLAGE AND SEVERANCE PAY 3 1 In the event Employee is terminated by the Village Council during such time that Employee is willing and able to perform her duties under this Agreement the Village agrees to pay Employee a lump sum cash payment equal to twelve (12) months aggregate salary ( Severance Pay ) In such event, the Employee shall also receive payment for any and all accrued vacation and floatmg holiday time in accordance with the Village s policies govermng other non police or fire employees of the Village ( Administrative Employees ) Severance Pay shall be paid within 15 working days of termination The Village shall continue to provide medical coverage for Employee for three months following the date of termination in the same manner and in the same amount as Employee is receiving at the time of termination After the payment described above is made the Village shall have no further finanrral obligation to Employee 3 2 In the event Employee is terminated because of conduct unbecoming a public official including but not limited to cnmmal conduct the Village shall have no obligation to pay the Severance Pay designated in paragraph 3 1 above If Employee s employment is terminated pursuant to this subsection then the Village shall pay to Employee only accrued vacation and floating holiday tune rine to the Employee as of the date of termination ,After the payment described m the unmediately preceding sentence dive Village siiiU have no further financial obligation to Emp1oylee pin split to this 4greolnent SECTION 4 TERMINATION BY EMPLOYEE In the event that Employee voluntarily resigns her position during the term of this Agreement Employee shall give the Village at least sixty (60) days written notice prior to the effective date of such resignation Employee shall not be entitled to receive any benefits or payments pursuant to Section 3 however Employee shall be entitled to accrued vacation and floating hohday time as of the date of resignation SECTION 5 COMPENSATION 5 1 The initial annual salary of Employee shall be One Hundred Thirty -Six Thousand One Hundred Forty Seven and 28/100 Dollars ($136 147 28) which shall be payable m installments at the same time as other employees of the Village are paid 5 2 The Employee shall be entitled to receive a 5% salary increase for the second year of the term and another 5% salary increase for the final year of the term 5 3 In addition to salary increases granted pursuant to Section 5 2 the Village Council agrees to evaluate the performance of the Employee to determine any adjustment in annual salary and/or benefits at least once annually pursuant to the terms of Section 6 of this Agreement Any additional adjustment in said annual salary and/or benefits shall be based upon the result of the performance evaluation SECTION 6 PERFORMANCE EVALUATION 6 1 The Village Council shall review and evaluate the performance of the Employee at least once annually in advance of the adoption of the annual operating budget Said review and evaluation shall be in accordance with specific criteria developed jointly by the Village and Employee Said criteria may be added to or deleted from as the Village Council may from time 2 C 0 0 to tune determine in consultation with the Employee 6 2 Pnor to the begmnmg of each fiscal year the Village Council and Employee shall define such goals and performance objectives which they determine necessary for the proper operation of the Village and m attainment of the Village Council s pohcy objectives and shall further establish a relative priority among those vanous goals and objectives said goals and objectives to be reduced to wntmg They shall generally be attamable within the tune lumtations as specified and the annual operating and capital budgets and appropriations provided SECTION 7 HOURS OF WORK Employee agrees to remain m the exclusive employ of the Village of Key Biscayne and shall not accept any other employment during the term of this Agreement Employee further agrees to devote that amount of time and energy which is reasonably necessary for Employee to faithfully perform her duties under this Agreement SECTION 8 AUTOMOBILE The Village shall pay Employee a monthly transportation allowance m the amount of Four Hundred Dollars ($400 00) as a benefit of employment and for use of her personal automobile for Village purposes SECTION 9 RETIREMENT The Village shall contribute into a retirement plan chosen by the Employee (the ICMA 401K Plan) by making a Village contribution as employer of 15% of Employee s annual salary SECTION 10 TUITION The Village shall provide tuition benefits to Employee in the form of one hundred percent (100%) tuition reimbursement not to exceed an annual amount of Two Thousand Dollars ($2 000 00) SECTION 11 INSURANCE The Village shall provide insurance benefits mcludtng group health disability and life insurance in the same manner as provided other Administrative Employees of the Village SECTION 12 VACATION, SICK LEAVE AND HOLIDAYS Employee shall be entitled to sick leave and holidays at the same rate and in the same manner as other Administrative Employees of the Village Employee shall be entitled to three 3- (3) weeks annual vacation leave SECTION 13 PROFESSIONAL DEVELOPMENT 13 1 Subject to,Village policy and state law the Village agrees to pay the reasonable professional dues and subscriptions of 'Employee necessary for her continuation and participation as a member in national regional state and local professional `associations and 'organizations necessary and desirable for her continued professional participation growth and advancement and for the good of the Village Employee shall not hold office in any local state regional or national professional association or organization without pno iapproval of the Village Council 13 2 Subject to Village policy and state law the Village agrees to pay the travel and subsistence expenses of Employee for travel to either One national' or one state association annual conference per year ° SECTION 14 NOTICE Notices pursuant to this Agreement shall be given by certified marl through United States Postal Service delivery addressed as follows Village Employee Village Attorney Mayor and Members of the Village Council Village of Key Biscayne 88 West McIntyre Street Key Biscayne Florida 33149 Jacqueline Menendez 141 Crandon Blvd #435 Key Biscayne Florida 33149 Weiss Serota Heitman Pastoriza & Guedes P A 2665 South Bayshore Drive Suite 420 Miami Florida 33133 SECTION 15 OTHER TERMS AND CONDITIONS 15 1 If any provision or any portion thereof contained m this Agreement is held to be unconstitutional illegal invalid or unenforceable the remainder of this Agreement or portion thereof shall not be affected and shall remain in full force and effect 15 2 The waiver by either party of a breach of any provision of' this Agreement by the other shall not operate or be construed as a waiver of any subsequent breach by that party 15 3 The rights and obhgations herein granted are personal in nature and cannot be 4- transferred by the Employee 15 4 This Agreement contains the entire agreement of the parties It may not be changed orally but only by an amendment m wntmg signed by the parties hereto 15 5 This Agreement shall be governed by Florida law and any litigation which may arise from this Agreement shall be filed and litigated in Miami Dade County Florida 15 6 This Agreement supersedes and replaces the prior Employment Agreement between the parties IN WITNESS WHEREOF the parties hereto have caused this Agreement to be signed and executed in duplicate on the day and year first written above Village of Key Biscayne A if&'?"" Clerk Approved as to Fo Village A By Mayor Ccezt c �1 Pursuant to Village Council Approval of April 22 2003 5 RESOLUTION NO 2003 12 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 OWNER'S REPRESENTATIVE FOR VILLAGE'S COMMUNITY CENTER PROJECT, AUTHORIZING IMPLEMENTATION OF CONTRACT, PROVIDING FOR EFFECTIVE DATE WHEREAS, the Village solicited proposals for professional services as Owner s Representative for the Village s Community Center Project (the Project') and WHEREAS, eight separate proposals were received from persons or firms interested m serving as the Owner s Representative for the Project and WHEREAS, onMarch 6 2003 the Village s screening committee composedofthreehighly qualified residents of the Village convened at a pubhc meeting and carefully considered each of the proposals submitted and the presentation of each proposer and WHEREAS, the screening committee found that the top three firms most qualified to provide the requested professional services are 1) Skyline Management Group Inc 2) 3D International and 3) Nova Consulting Inc and further determined that it is the recommendation of the screening committee that the Village Council retain the services of the highest ranked firm to wit Skyline Management Group Inc as the Owner s Representative at a fee not to exceed a total compensation of $200 000 for the anticipated fourteen month duration of the services of the Owner s Representative and WHEREAS, the Village Council having received the recommendation of the screening committee and the advise of the Village s professional staff hereby finds and deteimmes that retaining the professional services of Skyline as Owner s Representative for the Project is in 4 the best interest of the Village and WHEREAS Skyline shall be compensated from Village funds which are allocated to the Project budget NOW, THEREFORE, IT IS HEREBY RESOLVE]} BY THE VILLAGE COUNCIL l 5 OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS Section 1 Rent Is 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 Owner s Representative services is hereby approved and the Village Manager is hereby authonzed on behalf of the Village to execute the Agreement m 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 authorized 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 2 PASSED AND ADOPTED this 8th day of Apnl 2003 Z1/06, -/A - MAYOR ROBERT OLDAKOWSKI ITA H ALVAREZ CMC VILLAGE CLERK APPROVED AS TO FO AND LEGAL SUFFICIENCY AGE A ORNE F \100\ 103001\ Resolutions\ Skyline Management doc 3 VILLAGE OF KEY BISCAYNE AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT made and entered into this 14 day of Apnl 2003 by and between the VILLAGE OF KEY BISCAYNE (the VILLAGE ) and SKYLINE MANAGEMENT GROUP INC a Flonda corporation (the CONSULTANT') RECITALS The VILLAGE wants to engage the CONSULTANT to perform certain professional services as Owner's Representative for the VILLAGE s Community Center Project (the Project') specifically descnbed m 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 fiom the Village Manager The Specified Services shall also include i maintaining the Village s web site to provide information to Village residents concerning the Project, n, utilizing best efforts towards achievmg $200 000 00 m Project savings for the Village by accomplishing value engmeenng changes Village shall give reasonable consideration to such value engmeenng changes. m meeting with any concerned residents of the Village concerning construction activities at the Project site and attendmg and participating at all meetings and workshops held by the Village concerning the Project each as may be requested by the Village Manager B The Village Manager may delete any items from the Specified Services which she finds are not necessary C At least Fifty percent (50%) of the time expended by CONSULTANT on the performance of the Specified Services shall be expended directly by the work of Paul Abbott on behalf of CONSULTANT D CONSULTANT shall expend all necessary efforts to competently and professionally complete all tasks of the Owner's Representative so that the Project is successfully completed 2 FEES FOR SERVICES, OFFICE SPACE A As frill compensation for satisfactory performance of the Specified Services, the CONSULTANT agrees to charge and shall be paid by VILLAGE m accordance with the following fee schedule The total amount of all fees payable to CONSULTANT by VILLAGE for the performance of the Specified Services shall not exceed the sum of Two Hundred Thousand ($200 000 00) Dollars Fees shall be paid in arrears pursuant to monthly invoice based upon the percentage of completion of the tasks of the Specified Services performed by CONSULTANT for the applicable month, subject to supporting documentation required by the Village Manager The hourly rates set forth in the formal proposal of CONSULTANT dated March 3, 2003 may be referenced for this purpose subject to the mandatory total fee hnut of $200 000 00 specified herein B Additionally CONSULTANT s hall b e r eimbursed b y V ILLAGE for r easonable and necessary costs including travel (outside of Dade Broward and Palm Beach Counties) photocopying plan reproduction requested by VILLAGE long distance telephone federal express and postage as approved by the Village Manager C VILLAGE shall reimburse CONSULTANT for fifty percent (50%) of the prenuum paid by CONSULTANT for CONSULTANT S professional habihty insurance coverage required by IFF paragraph 5 hereof in an amount not to exceed Five Thousand ($5 000 00) Dollars -2- 0 0 D The VII LAGE shall provide at no cost to the CONSULTANT office space and supphes office furniture telephone office equipment excludmg computers and accessones All of the foregomg 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 a teen of fourteen (14) months unless extended by the Village Manager or earlier terminated pursuant to paragraph 8 or by early completion of the construction of the Project 4 RECORDS All onginal sketches tracings drawmgs computations details reports design 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 during the term of this Agreement any and all such documents shall be dehvered to the VILLAGE by the CONSULTANT 5 INSURANCE A The CONSULTANT shall at all tittles carry professional liability insurance workers compensation insurance (if applicable) comprehensive general liability insurance and automotive liability insurance with minimum policy lunits for each coverage m the amount of at least Five Hundred Thousand ($500 000 00) Dollars per occurrence combmed 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 msurance policy shall state that it is not subject to cancellation or reduction in coverage without written notice to the VILLAGE 30 days prior to the effective date -3- of cancellation or reduction of coverage B CONSULTANT shall mdemmfy 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 m 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 sohcit or secure this Agreement and that it has not paid or agreed to pay any person(s) company corporation, mdividual 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 resultmg from the award or making of this Agreement 8 TERMINATION This Agreement may be ternnated by the VILLAGE upon forty-five (45) days wntten notice with or without cause and by the CONSULTANT upon ninety (90) days written notice with or without cause If this Agre.anent 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 13 In the event that a referendum or initiative measure is adopted at an election by the majority of the electors of the VILLAGE votmg on such measure which repeals the VILLAGE s October 22 2002 Community Center Capital Project Authonzing Ordinance (Ordinance No 2002 -4- 0 0 10) or otherwise operates to prohibit the construction of the Community Center in accordance with the previously approved site plan the Village Council shall have the authority within thirty (30) days after any such event to terminate the Agreement by providing no less than five (5) days wntten notice of termination to the CONSULTANT In the event of such termmatton the VILLAGE shall not be liable to CONSULTANT for payment of any compensation, penalties damages loss of profits or other fee as a result of such temnnation and the CONSULTANT shall only be paid by VILLAGE in accordance with the Agreement for the portion of the work of the Specified Services for the Community Center which has been performed by CONSULTANT up to the time of notice of termination of the Agreement Further VILLAGE may suspend CONSULTANT s performance of Specified Services during the pendency of any such referendum or initiative proceeding if construction of the Project is suspended 9 NONEXCLUSIVE AGREEMENT The services to be provided by the CONSULTANT pursuant to this Agreement shall be nonexclusive and nothing herem shall preclude the VILLAGE from engaging other firms to perform the same or similar services for the benefit of the VILLAGE witlnn 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 except for any amendment of the total fee limitation provided by paragraph 2 11 WARRANTIES OF CONSULTANT The CONSULTANT hereby warrants and represents that at all times during the term of this -5- Agreement It shall maintain in good standmg all required hcenses certifications and permits requrred 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 writing 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 7acgnelme R Menendez Village Manager Village of Key Biscayne 88 West McIntyre Street Key Biscayne FL 33149 With a copy to CONSULTANT Village Attorney c/o Weiss Semta Ilelfinan Pastonza & Guedes P A 2665 South Bayshore Drive Swte 420 Miami Florida 33133 Skyline Management Group Inc 4040 N E 2nd Avenue Suite 305 Miami Flonda 33137 Attention Paul T Abbott 13 GOVERNING LAW, LITIGATION A This Agreement shall be construed in accordance with the laws of the State of Florida. Venue for any litigation hereunder shall be m Miami Dade County Flonda The parties voluntarily waive the nght to any trial by jury m any litigation hereunder B In the event that as a result of CONSULTANT S status as Owner s Representative for the VILLAGE CONSULTANT is named as a party defendant in any action filed by any third party m which the Project or this Agreement is attempted to be invalidated or enjomed the VILLAGE shall defend and save harmless CONSULTANT in any such litigation -6- 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 SKYLINE MANAGEMENT GROUP INC 4040 N E 2nd Avenue Suite 305 Miami Flondz 33137 By T Abbott Title e+l4 ZCs , e 104 CI PO‘L. VET J AGE VILLAGE OF KEY BISCAYNE 88 West McIntyre Street Key Biscayne FL 33149 eline R M=,�j'y'dez Village Manager ( Jae Village Clerk Approved as to Legal ,onn and Sufficiency Village Attorney F \100\103001 Wgreements\Professional Services With Skyline Management Group doe _7_ RESOLUCION No 2003-11 RESOLUCION DEL CONSEJO MUNICIPAL DEL MUNICIPIO DE KEY BISCAYNE, FLORIDA, EN QUE SE CONVOCA A UNA ELECCION EXTRAORDINARIA PARA LA PROPUESTA REVOCACION DE LA ORDENANZA NUMERO 200210, QUE SIRVE DE ORDENANZA DE AUTORIZACION PARA EL PROYECTO DE CAPITAL PARA LA CONSTRUCCION Y EQUIPAMIENTO DEL CENTRO COMUNITARIO DEL MUNICIPIO, CONFORME A LA PETICION DE REFERENDO DEL ELECTORADO CUYA FINALIDAD ES REVOCAR LA ORDENANZA 2002 10, QUE DISPONE EL PROCEDIMIENTO ELECTORAL Y MEDIANTE BOLETA, Y DISPONE LA FECHA DE VIGENCIA POR CUANTO confonne a la seccion 5 02(a)(n)(A) de la Carta Constitucional del Mumcipio el electorado del Mumcipio de Key Biscayne ha somehdo una petition de referendo (la Peticion de Referendo ) para proponer la revocacion de la Ordenanza 2002 10 concennente al proyecto del Centro Comumtano del Mumcipio y POR CUANTO los procedimientos relativos a la Peticion de Referendo comenzaron el 3 de marzo del 2003 todas las pehciones fueron sometidas a la oficma de la Secretana Municipal el 18 de marzo del 2003 la suficiencia legal (la Certification ) de la Peticion de Referendo fue certificada por la Secretana Municipal el 21 de marzo del 2003 y la Certification fue sometida al Consejo Mumcipal durante la reumon del Consejo del 8 de abnl del 2003 AHORA, POR LO TANTO, RESUELVESE POR EL CONSEJO MUNICIPAL DEL MUNICIPIO DE KEY BISCAYNE, FLORIDA, LO SIGUIENTE Seccibn 1 Relaciones aprobadas Que se aprueba y confirma cada una de las relations antenores Section 2 Election convocada Que se convoca por la presente a una eleccion extraordmana para el martes 20 de mayo del 2003 con el fin de someter al electorado del Muntcipio de Key Biscayne (el Mumcipio ) la propuesta para la boleta dispuesta en la Section 4 de esta Resolution conforme a la Petition de Referendo Seccion 3 Votacton Que la votacion mediante boletas se celebrara durante el horano comprendido entre las 7 am y las 7 pm en los centros de votacion ordmanos para las elecciones del Mumcrpio Se autonza la votacion anticrpada en, confonmdad con la ley Todo elector cuahficado clue resrda en el Mumcipro y que se haya unscnto oportunamente tendia el derecho de votar Seccion 4 Aviso Que el aviso de dicha eleccion sera ptrblteado en conformidad con la Seccion, 1.00 342 de los Estatutos de la Ronda, en un penodico de tcuada general en el Mumctk p al menos¢lrernta (30) dins antes de dicha'eleccron con la pnmera 11 1 4 q t 1 1 pubhcacion la qurntasiemanaiantes dekla eleccron y la segundapublrcacion la tercera semana antes dela e'Teccron qu'esusiancialmertte sera de la forma srVuente AVISO DE ELECCION EXTRAORDINARIA POR LA PRESENTE SE AVWSA QUE CONFORME A LA PETICION DE REFERENDO DEL ELECTORADO Y LA REQUERIDA RESOLUCION DE AUTORIZACION DEBIDAMENTE APROBADA POR EL CONSEJO MUNICIPAL DEL ¥UNICIPIO DE KEY BISCAYNE FLORIDA (EL MUNICIPAO') SE HA CONVOCADO A TJ1t1A ELECCION EXTRAORDINARIA Y ORDENADO QUE SE CELFRRE EN EL MUNICIPIO EL MARTES 20 DE MAYO DEL 2003 ENTRE LAS 7 A.M Y LAS 7 P M. HOI ARTO DURAMTE EL CUAL SE SOMETERA LA PROPUBSTA SIGUIE VTE A LOS ELECTORES, CUALIFIGIADOS DEL MIJNICIPIO Revocation de la.Ordenanza 2002 10, Ordenanza de Autonzacion del Proyecto de Capital para el Proyecto del Centro Comunttano del Munic►pio La Ordenanza 2002 10 del Mumcrpro de Key Biscayne autonza 1a construccron y equipamiento del Centro Comumtano del Munrcrpro para proveer mstalaciones recreatwas programas, servrcios y acfvtdades Un numero de eIectbres del Mumctpio ha sometido actualmente una pet►cman para la revocaeion de la Ordenanza 2002 10 6Debera revocarse la Ordenanza 2002 10 descnta antenormente9 [ ] Sr 0 0 [ ] No Information sobre centros de votacion la Petition de Referendo la Ordenanza propuesta para ser revocada por referendo y la resolution de automation para esta election estan dispombles para su mspeccion en la Oficma de la Secretana Municipal locahzada en el 88 West McIntyre Street Key Biscayne Flonda 33149 Section 5 Ordenanza refenda Que la Ordenanza 2002 10 que se propone sea revocada por la Petition de Referendo se adjunta aqui como Prueba Documental A Section 6 Comas Que copias de esta Resolution la Ordenanza refenda y la Petition de Referendo estan arcluvadas en la Oficma de la Secretana Municipal locahzada en el 88 West McIntyre Street Key Biscayne Flonda 33149 y estan dispombles para su inspection pubhca durante el horano habil ordmano En los centros de votacion habra copias de la Ordenanza refenda (Ordenanza 2002 10) Section 7 Resultados de la election Que si la mayona del electorado cualificado que vote en relation con la ordenanza refenda confonne a lo desento en la Section 4 antenor lo hace a favor de la revocation de la ordenanza se le considerara revocada tras la certification de los resultados de la eleccion. Section 8 Feeha de vigencia Que esta resolution entrara en vigor mmediatamente despues de su aprobacion. APROBADA Y ADOPTADA este dra 8 de abnl del 2003 ALCALDE ROBERT OLDAKOWSI I TESTIGO CONCHTTA II ALVAREZ CMC SECRETARIA MUNICIPAL APROBADA EN CUANTO A SU FORMA Y SUFICIENCIA LEGAL PROCURADOR MUNICIPAL 0 0 RESOLUTION NO 2003-11 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, CALLING A SPECIAL ELECTION FOR IHE PROPOSED REPEAL OF ORDINANCE NUMBER 2002-10, WHICH ORDINANCE SERVES AS THE CAPITAL PROJECT AUTHORIZING ORDINANCE FOR THE CONSTRUCTION AND EQUIPPING OF THE VILLAGE'S COMMUNITY CENTER, PURSUANT TO REFERENDUM PETITION OF ELECTORS SEEKING THE REPEAL OF ORDINANCE 2002-10, PROVIDING FOR BALLOT AND ELECTION PROCEDURE, PROVIDING FOR EFFECTIVE DATE WHEREAS pursuant to Village Charter section 5 02(a)(n)(A) a referendum petition (the Referendum Petition") has been filed by electors of the Village of Key Biscayne proposing the repeal of Ordmance 2002 10 concerning the Village s Community Center project and WHEREAS the Referendum Petition proceedings were commenced on March 3 2003 all petitions were filed m the office of the Village Clerk on March 18 2003 the Referendum Pennon was certified as legally sufficient (the Certification ) by the Village Clerk on March 21 2003 and the Certification was presented to the Village Council at the Council meeting of April 8 2003 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 recitals is adopted and confirmed Section 2 Election Called That a special election is hereby called for Tuesday the 20th day of May 2003 to present to the electors of the Village of Key Biscayne (the Village ) the ballot question provided m Section 4 of this Resolution pursuant to the Referendum Petition Section 3 Voting That ballotmg shall be conducted between the hours of 7 00 AM and 7 00 PM at the regular polling places for Village elections Earlier votmg is authonzed m accordance with the law All qualified electors residmg within the Village who are timely registered shall be entitled to vote Section 4 Notice. That notice of said election shall belmitshed in accordance with Section 100 342 Florida Statutes ma newspaper of generalcirculation within the Village al least thirty (30) 4 days prior to said election the first publication to be m the fifth week prior torthe election and the second publication to be m the third week prior to the election, and shall be m substantially the following form NOTICE OF SPECIAL ELECTION PUBLIC NOTICE IS HEREBY GIVEN THAT PURSUANT TO THE REFERENDUM PETITION OF ELECTORS AND THE REQUIRED ENABLING RESOLUTION DULY ADOPTED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE FLORIDA (THE 'VILLAGE) A SPECIAL ELECTION RAS BEEN CALLED AND ORDERED TO BE HELD WITHIN THE VILLAGE ON TUESDAY THE 20TH DAY OF MAY 2003 BETWEEN THE HOURS OF 700 AM AND 7 00 PM AT WHICH TIME THE FOLLOWING PROPOSITION SHALL BE SUBMITTED TO THE QUALIFIED ELECTORS OF THE VILLAGE Repeal of Ordinance 2002-10, the Capital Project Authorizing Ordinance for the Village's Community Center Project Village of Key Biscayne Ordinance 2002-10 authorizes the construction and equippmg of the Village s Community Center to provide recreational facilities programs services and activities A number of Village electors have now petitioned for the repeal of Ordinance 2002-10 Shall the above described Ordinance 2002 10 be repealed9 [ ] Yes [ ] No 2 Polling place information the Referendum Petition the Ordinance proposed to be repealed by referendum and the enabling resolution for this election are available for Inspection at the Office of the Village Clerk located at 88 West McIntyre Street Key Biscayne Florida 33149 Section 5 Referred Ordinance That Ordinance 2002-10 as sought to be repealed by the Referendum Petition is attached hereto as Exhibit A' Section 6 Copies That copies of this Resolution the referred Ordinance and the Referendum Petition are on file in the Office of the Village Clerk located at 88 West McIntyre Street Key Biscayne Florida 33149 and are available for pubhe inspection during regular business hours Copies of the referred Ordinance (Ordinance 2002 10) shall be made available at the polls Section 7 Result of Election That if a majority of the qualified electors votmg on the referred ordinance as described in Section 4 above vote m favor of the repeal of the ordinance it shall be considered repealed upon certification of the election results Section 8 Effective Date That this resolution shall become effective immediately upon its adoption PASSED AND ADOPTED this 8th day of Apnl, 2003 ',sod Ian ROBERT OLDAKOWSKI CONITA H ALVAREZ CMC VILLAGE CL APPROVED AS TO FORM AND LEGAL SUFFICIE 3 Exhzbtt A ORDINANCE NO 200 -10 A CAPITAL PROJECT AUTHORIZING ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA (THE "VILLAGE"), CONCERNING THE VILLAGE COMMUNITY CENTER, AUTHORIZING AND PROVIDING FOR THE VILLAGE TO CONSTRUCT AND EQUIP A COMMUNITY CENTER FOR THE VILLAGE, AUTHORIZING EXPENDITURE OF FUNDS, PROVIDING FOR NOTICE OF ORDINANCE ADOPTION, PROVIDING FOR SEVERABILITY„ PROVIDING FOR AN EFFECTIVE DATE` WHEREAS the Village Council of the Village of Key Biscayne (the "Village') desires to authonze and provide for the construction and equipping of a connnumty center for the Village NOW, THEREFORE, IT IS HEREBY ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OEKEY BISCAYNE, FLORIDA, AS FOI;LOWS Section 1 Recital Adopted. That the recital stated above is hereby adopted and confirmed Section 2 Capital Project Anthonzmg Ordinance. That pursuant to Village Charter Sec 3 07(b) this Ordinance shall constitute a Capital Project Authorizing Ordinance The Capital Project consists of the construction and egmpprng of the Village of Key Biscayne Community Center (the "Community Center ) at a projected cost of approximately ($ 9. 87.551 ) Dollars Section 3 Community Center Authorized. A. That a Community Center of approximately 38 000 square feet of floor area, and addrtroually including a parkmg garage and swimming pool, is hereby authonzed to be constructed and egwpped by the Village as part of the Village Civic Center complex at the Village property (the "Property ) located at 85 W McIntyre Street, which Property is further described on Exhibit 'A,' a copy of which is attached hereto and incorporated herein The Community Center shall provide recreational facilities programs services and activities 0 B That the Community Center shall be constructed in substantial conformity to the Community Center Site Plan which was approved pursuant to Council Resolution No R 2002-31 and any amendments thereto C That the Village Council shall by Resolution, enter into contracts for the construction and equippmg of the Community Center for a guaranteed maximum pnce which is consistent with this Ordinance D That the Village Manager is authonzed to take all action necessary to implement this Ordinance and is authorized to expend Village funds for the construction and equipping of the Community Center pursuant to Village budget appropriations Section 4 Notice of Ordinance Adopti n That pursuant to Village Charter Sec 4 03(9) following the passage of this Ordinance on first reading, the Village Clerk shall provide notice of the date and time of the second rrwling ("Second Reading Notice) The Second Reading Notice shall include a bnef description of the Community Center project and its cost and shall be pubhshed m addition to and contemporaneously with notices regularly published for second readings of ordinances The pubhshed notice shall be m substantially the form attached hereto as Exhibit "B ' Further the Village Clerk shall provide for each Village elector to be sent a Second Reading Notice by postcard The postcard notice shall be m substantially the form attached hereto as Exhibit ' C " Any action taken by the Council on this Ordinance shall not be voided by the failure of an individual Village elector to receive a Second Reading Notice postcard Sectio 5 Severability That the provisions of this Ordinance are declared to be severable and if any section, sentence clause or phrase of tins Ordinance shall for any reason be held to be mvand or unconstitutional such decision shall not affect the validity of the remaimng sections 2 sentences clauses, and phrasesoftlusOrdmancebutthey shall remain ineffect itbemg the legislative mtent that this Ordinance shall stand notwithstanding the invalidity of any part Section 6 Effective Date. That this Ordinance shall be effective upon adoption on second reading PASSED AND ADOPTED on first reading this 8th day of October 2002 PASSED AND ADOPTED on second reading this 22nd day of October, 2002 A I3 ALVAREZ CMC VILLAGE CL APPROVED AS T ' FORM AND LEGAL SUFFI • E ATTORNEY 1010011onhnances\au0mnnng conswcton ofcouonutury center 3 MAYOR JOE I RASCO RESOLUTION NO 2003-10 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING AND APPROVING PROFESSIONAL SERVICES AGREEMENT BETWEEN CARLOS GIMENEZ AND ASSOCIATES, PA (THE "CONSULTANT" AND THE VILLAGE OF KEY BISCAYNE TO PROVIDE FOR PROFESSIONAL CONSULTING SERVICES FOR THE FIRE RESCUE DEPARTMENT, PROVIDING FOR IMPLEMENTATION, PROVIDING FOR AN EFFECTIVE DATE WHEREAS the Village Manager and Fire Chief have recommended that the Village retain the professional services of Carlos Gnnenez and Associates P A (the Consultant) to provide certain consultmg services for the Village s Fire Rescue Department and WHEREAS the Village Council finds that approval ofthe Professional Services Agreement between Consultant and the Village is m the best interest 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 recitals stated above is hereby adopted and confirmed Section 2 Agreement Approved That the Professional Services Agreement m substantially the form attached hereto between Carlos thmenez and Associates P A and the Village is hereby approved and the Village Manager is authorized 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 authorized to take any necessary action to implement tlus Resolution and the Agreement Section 4 Effective Date That this resolution shall be effective nnmediately upon adoption hereof 1 PASSED AND ADOPTED this 18th day of March . 2003 4,167as CONCHITA H ALVAREZ CMC 'VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIE 2 L 449C44,G-Cr.. MAYOR ROBERT OLDAKOWSKI VILLAGE OF KEY BISCAYNE AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT made and entered utto this � day of March, 2003 by and between the VILLAGE OF KEY BISCAYNE (the "VILLAGE") and CARLOS GIMENEZ and ASSOCIATES PA (the CONSULTANT") RECITALS The VILLAGE wants to engage the CONSULTANT to perform certain professional services as specifically described m the proposal winch is provided m Exhibit A" to this Agreement ( Specified Services) The CONSULTANT wants to provide such Specified Services In consideration of the mutual covenants set forth m this Agreement, the parties agree as follows 1 SCOPE OF SFRVICRS 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 Thirty Thousand ($30 000 00) Dollars phis reasonable and necessary costs approved by the Village Manager 3 TERM The duration of the term of this Agreement is sixty days unless extended by the Village Manager or earlier terimnated pursuant to paragraph 8 4 RECORDS All onginal sketches, tracings drawings, computations, 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 temnnation 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 INSU 111 ANCF Unless revised in wntmg by the Village Manager the CONSULTANT shall at all times carry professional liability insurance worker's compensation msurance (if apphcable) and automotive habihty insurance each with minimum policy limits in 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 Farh insurance pokey shall state that it is not cancelable without written notice to the VILLAGE 30 days prior to the effective date of said cancellation 6 ASSTC}NMENT This Agreement Shat' 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 workmg 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 workmg solely for the CONSULTANT any fee —2- 0 commission, percentage gift, or any other consideration, contingent upon or resulting from the award or making of this Agreement. 8 TRRMTNATTON This Agreement may be terminated by the VILLAGE upon twenty days wntten notice with or without cause and by the CONSULTANT upon 30 days written notice with or without cause If this Agreement is terminated 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. 9 NONFXCT.IISTVE AGREEMENT The services to be provided by the CONSULTANT pursuant to this Agreement shall be nonexclusive and nothing herem shall preclude the VILLAGE fiuiu engagng other firms to perform the same or similar services for the benefit of the VILLAGE within the VILLAGES sole and absolute discretion. 10 ENTER AGrRF.E.MENT 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 parties The Village Manager shall act for Village hereunder 11 WARR ANTIFS OF CONSI TT.TANT The CONSULTANT hereby warrants and represents that at all times durmg the term of this Agreement it shall maintain m good standing all iecluued licenses certifications and permits required under Federal, State and local laws necessary to perform the Specified Services —3— 12 NOT1CFS All notices and communications to the VILLAGE or CONSULTANT shall be in writing and shall be deemed to have been properly given if transmitted by registered or certified mail or band 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 13 G,DVRRNNG LA W Richard Jay Weiss Esq Village Attorney Weiss Serota Hellman Pastonza & Guedes, PA 2665 South Bayshore Drive Suite 420 Miami Flonda 33133 Carlos Comenea and Associates P A. 200 S Biscayne Boulevard, Suite 4000 Miami. Flonda 33133 This Agreement shall be construed in accordance with the laws of the State of Flonda. —4- 0 1N 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. L CONSULTANT CARLOS GIMENEZ and ASSOCIATES PA 200 S Biscayne Blvd. Suite 4000 Miami Florida 33133 E \100\ 1030011Ageements\Professional Semces2 doc _b_ VILLAGE VILLAGE OF KEY BISCAYNE 88 West McIntyre Street Key Biscayne FL 33149 Carlos Gimenez and Associates, P.A. 200 South Biscayne Blvd Suite 4000 .Miami, Honda 33131 (305)577-4769 t The firm of Carlos Ginenez and Associates appreciates the opportunity to submit to the Village of Key Biscayne ("Village) a proposed scope of services for an evaluation of the services provided by it s Fire Rescue Department ( Department") The scope of services to be Iprovided by Carlos Gnnenez and Associates to the Village may generally be 'described as accessing the Department to determine if the system is delivering quality and cost effective service to the citizens of the Village and to report to the Village Council and Village Manager our Iindingnnd =airmen tons Specifically Carlos Gimenez and Associates will 1 • Review assess and evaluate the bppartment s service capabilities including rt s support services and programs The renew will evaluate the performance of the Department relating to the safety and effectiilertess of the service to the citizens of the Village and Department personnehoThe,Dephrtment s performance and practices will be checked against nationally recognized stanhards This review will also take into consideration the financial realities of the Village • Review of thptpurreiitaancillary services contract between the Village and the City of Miami This review will include a financial analysis of the cost effectiveness of the currant structure and an operational analysis of the quality of services rendered. The quality analysis 4ll take into account feedback from elected officials administrative staff and selected citizens of the tiillage. In addition, and most importantly alternative solutions will be *srarched and a report will be submitted to the Village Council and Village Manager • Review and access Department s efforts in complying with the Strategic and Specific Recommendations of the Accreditation Report dated July 30, 1998 A comprehensive Final Working Report shall be submitted to the Village Manager no later than forty-five (45) days after the execution an agreement between the Village and Carlos Grmenez and Associates provided there are no unusual delays in acquiring pertment data For the services to be performed, the Village of Key Biscayne shall pay Carlos Gimenez and Associates the sum of $30 000 00 plus reasonable and ordinary out of -pocket expenses incurred m the performance of services including travel expense for travel exceeding a 100 mile radius per trip express mail duplication and long distance telephone expense Travel exceedmg the 100 mile radius will be done only after receiving written authorization from the Village 0 I have attached my resume for your review As you can see my background as a former Fire Chief and more recently as City Manager make me uniquely qualified to perform these services for the Village In addition, our association with Steel Hector and Davis LLP assures access to a highly competent group of professionals to assist m the development of all project deliverables We look forward to workmg with the Village on this important project Sincerely Carlos A. Gunenez President Carlos Gnnenez and Associates RESOLUTION NO 2003-9 A. RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, PROVIDING PARKING PLAN FOR CIVIC CENTER SITE AS REQUIRED BY SECTION 2(3) OF RESOLUTION NO 2002 9, PRIOR TO DEMOLITION OF OLD VILLAGE HALL, APPROVING PLACEMENT OF 11 PARKING SPACES ON MCINTYRE STREET FROM CRANDON BOULEVARD TO FERNWOOD ROAD, APPROVING CIVIC CENTER STREET CONFIGURATION, AUTHORIZING DEMOLITION OF OLD VILLAGE HALL, PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Civic Center Project includes the Admimstration/Pohce Building Fire Station Community Center and related improvements to the infrastructure and WHEREAS, Section 2(3) ofResolution No 2002-9 requires the Village Council to develop a plan prior to the demolition of the old Village Hall that addresses the 32 space on street parting space reduction which resulted when the Council authonzed the removal of on street parking spaces on McIntyre Street (17 parking spaces were authorized for removal — 3 parlang spaces of the 17 were actually retained as mandatory pubhc safety and disabled parking) and on Femwood Road (15 parking spaces were authorized for removal) and WHEREAS, a further parking space reduction has resulted from the reduction of the size of the Community Center which building reduction caused a corresponding reduction m the size of the parking garage and the subsequent elimination of 25 parking spaces within the garage constituting in the aggregate a total reduction of 54 parking spaces (29 on street and 25 off-street) and WHEREAS, the purpose of the above descnbed reduction in the number of parking spaces was to enable the Village to provide for additional landscaping and additional open space at the Civic Center and WHEREAS, subsequent to the adoption of Resolution 2002 9 the Village has achieved that purpose by significantly increasing the amount of land that willbe used as open space and that will be landscaped by a The purchase of a 14325 sq ft parcel of land al560 Crandon boulevard, which will be combined with an,8 414 sq ft parcel owned by the Village for a 22 799 sq ft 1 open space area, 4 , b Increasing the setback along Fernwood Road from 10 feet to 21 feet resulting m the homes on Femwood Road being 96 feet from the proposed Community Center building and WHEREAS, the Village s parking consultant the Corradmo Group viareport dated March 7 2003 presentlypfojects an overall potential need for additionalparking spaces at the Civic Center ranging from 53 parking spaces to 92 parkmg spaces depending on the time of day and corresponding potential use levels and WHEREAS, the Miami -Dade County Public Works Department has approved the streets configuration m the vicinity of the Civic Center as presented m Exhibit "A' attached hereto 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 Parking Plan Approved. That as requiredbySection 2(3) ofResolution No 2002 9 there is hereby adopted and approved a parking plan in order to address the parking space 2 0 reduction referenced above as follows a Approximately 11 on street parking spaces shall be placed on McIntyre Street b That a parking study shall be completed within one year of the opemng date of the Community Center to determine if additional parking spaces are required Section 3 Demolition Authonzed That the demolition of the old Village Hall building and site (including the parking spaces located thereon) is hereby authonzed to proceed and the Village Manager and Village Attorney are hereby directed to implement this Resolution Section 4 Street Configuration That the streets configuration as presented in Exhibit "A is hereby approved Section 5 Effective Date That this Resolution shall be effective immediately upon adoption hereof PASSED AND ADOPTED this 18th day of March , 2003 4/0(4_4 L MAYOR ROBERT OLDAKOWSK] i/a/ezie HITA H ALVAREZ CMC VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY VILLAGE A ORNE 103 001/Resolutions/parking p .? '.r civic center 3 MAR 10-2003 17 00 FROM T 720 P OO2/O02 EXHIBIT "A" CIVIC CENTER STREET CONFIGURATION 0 0 r RESOLUTION NO 2003-8 A CAPITAL PROJECT AUTHORIZING RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO PROVIDE FOR THE RENOVATION OF A PUBLIC FACILITY, TO WIT THE VILLAGE GREEN SPRAY POOL, AS DESCRIBED IN THE ATTACHED MEMORANDUM AND PROPOSAL, AUTHORIZING THE WAIVER OF COMPETITIVE BIDDING PROCEDURES FOR THIS TRANSACTION AS AUTHORIZED BY VILLAGE CODE SECTION 2 85, PROVIDING FOR AN EFFECTIVE DATE WHEREAS pursuant to Section 3 07(b) ofthe Village Charter the Village Council desires to authonze the expenditure of Village funds to provide for the renovation of a public facihty of the Village to wit the Village Green Spray Pool (the "Project") as descnbed in the attached Memorandum of the Village Manager and the proposal accompanying this Resolution and WHFREAS the Village Council finds that Contract Connection, Inc has submitted a proposal for the construction of the Project and WHEREAS the Village Council finds that Contract Connection Inc is an approved vendor of Miami -Dade County Flonda and of the Miami Dade County School Board and has recently completed the new playground at Key Biscayne Community School and WHEREAS, the Village has received a Fifty Thousand ($50 000 00) Dollar Flonda Recreation Development Assistance Program grant to complete this Project and WHEREAS, the Village Council finds that it is necessary to expeditiously proceed with the Project and that it is impractical to solicit and obtain formal bids for such purpose and WHEREAS, the Village Council finds that rt is in the best interest of the Village to waive competitive biddmg for this transaction CONCHITA H ALVAREZ CMC VIT 1 AGE CLERK APPROVED AS TO FORM VILLAGE ATTORN V LEGAL*, SI3FFkCIENCY f , 103 001/Resolutions/Capitai Resolution Authonzation 2 19 03 3 0 0 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 Competitive Bidding Waived In accordance with Section 2 85 of the Village Code the Council hereby waives competitive bidding procedures for this transaction upon the basis that utihzation of the competitive bidding process is unpractical Section 3 Project Authorized That the renovation of the Village Green Spray Pool apubhc facility of the Village of Key Biscayne at a cost not to exceed Fifty Thousand ($50 000 00) Dollars is hereby approved Section 4 Implementation That the Village Manager is hereby authonzed to acrept the proposal and to enter into a contract with Contract Connection Inc m a form approved by the Village Attorney and to take any and all action necessary to implement the purposes of this Resolution Section 5 Effective Date That this Resolution shall be effective immediately upon adoption hereof PASSED AND ADOPTED this 25th day of February , 2003 ROBERT OLDAKOWSKI MAYOR 2 Village count 1 Robert Oldakowsk,, Mayor Jorge E Mendta, VI Mayo Martha FdeaLeon Bioucek Carol Duail:as[ Moraine[ Fried Jamest Peters Robert 4Yem6n VILLAGE OF KEY BISCAYNE DT February 18 2003 TO ..,no . ble , : ouncil Members nen my Pool Proposal lage Manager RECOMMENDATION It is recommended that the Village Council approve the Resolution to renovate the Village Green spray pool BACKGROUND The Village Green spray pool Sea Horse was removed due to unsafe conditions The Village has reviewed possible replacement equipment This project will be funded by a Honda Recreation Development Assistance Grant The replacement will mclude four water features on the concrete surface required by Health Department regulations Contract Connections is an approved vendor for Miami Dade County and Miami -Dade School Board Contract Connections recently completed the new playground at Key Biscayne Commumty School It is recommended that this Resolution be approved so the best quahty spray pool can be installed m the timeliest manner 88West McIntyre Street Key Biscayne Florida 33149 (305) 365 5506 Fax (305) 365-8914 MISSION STATEMENT TO PROVIDE A SAFE QUALITY COMMUNITY ENVIRONMENT FOR ALL ISLANDERS THROUGH RESPONSIBLE GOVERNMENT ,QUOTATION Quote No Version No Quote Date Today s Date Salesperson Entered By Ship Via Factory 200003337 2 02/19/2003 02/19/2003 Scott Krohn Scott Best Way Water Play Contract Connection Inc PO Box 848254 Pembroke Pines, Florida 33084-0254 Voice 954 925 2800 Fax 954 925 0800 504 South 2nd Street Jacksonville Beach Flonda 32250 Voice 904 249 5353 Fax 904 249 8177 QUOTE TO JOB NAME Village of Key Biscayne 85 West McIntyre Key Biscayne FL 33149 Attn Todd Hofferberth Phone 305 365 8901 Fax 305 365 8936 Waterplay Area Village of Key Biscayne Key Biscayne FL 33149 Attn Todd Hofferberth Phone Vendor Catalog Descnption WaterPlay CO2 023 w Daisy Mae wavy WaterPlay CO2 124 WaterPlay LA6M \ Play Custom WaterPlay CO2 012 WaterPlay CO2 090 SS Alum Leaves Hank Jr SS Control Panel area design piping installation surface permits per schedule A Ground Spray SS {each) Cat Tail S5 See attached schedule A for scope of work listing and exclusions Office S11 Tax Exempt Yes Payment Terms Net 30 Days Credit Report Required No Quantity 1 1 1 1 Unit Pnce $6 066 17 $341889 $3 447 23 $30 120 12 Amount $6 066 17 $3 418 89 53 447 23 $30 120 12 2 $400 00 $800 00 1 $4 461 18 $4 461 18 Material Subtotal Tax Installation Chrgs Freight Other $48 313 59 $0 00 $0 00 $0 00 $0 00 Total=$48,313 59 Please Remit All Payments to Pembroke Pines Office On the first day of each month Invoices over 31 days old are subject to a -service charge of 1 112°/ per month Signing and accepting the Quotation above also acknowledg es acceptance of this interest g `/'s A Approval and acceptance of this proposal may be executed by signin below and faxing back to the office checked above (Issuing Officer) mpany Date i,uthonzed Purchaser Title Offices In Jacksonville Beach Ft Lauderdale Tampa Orlando Pensacola Naples Atlanta Melbome and West Palm Beach Sent By CONTRACT CONENCTION, 9549250800 Feb 19 03 4 24PM, Page 2/2 Schedule of Values - Key Biscayne General conditidn 5,435 00 Demolition Engineering & permits Mobilization yt aterplav features - plumbing Pumps &controllers - tnstalled Pbtable water plumbing & draining 1,500 00 3,500 00 3,200 00 3,620 00 4,000 00 lwterplay feature anchoring Concrete deck Startup & system utilization comMissioning Electrical !TOTAL 1,450 00 1,550 00 2,425 pa 1,000 00 1,000 00 1,250 00 $30,130 00 RESOLUTION NO 2003-7 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, SUPPORTING THE DESIGNATION OF NATIONAL PARK FOR THE VIRGINIA KEY BEACH PARK. WHEREAS Virginia Key Beach Park has a rich and culturally significant history dating from its August 1 1945 designation as a county park "for the exclusive use of Negroes after which the island became a favored place for African Amencans gathering for religious ceremonies romantic evemngs celebnty visits and family events and WHEREAS the Virgima Key has historic significance as the site of an 1838 battle m the Seminole Wars where three Seminoles were killed in battle and WHEREAS the natural beach and hammock area stretching north from the Virgima Key Beach Park and other unspoiled mangrove areas on Virgnua Key represent rare examples of the ecology vegetation and landscape once common throughout the Florida Keys and bamer islands of South Florida and WHEREAS Virginia Key Beach park is fisted as a National Histonc site m the National Register of Histonc Places and WHEREAS National Parks tell the story of America s nch tapestry of histoncal, cultural and national history of this great country and WHEREAS the former landfill site on Virginia Key adjacent to the access road north of Virginia Key Beach Park is a pnme candidate site for recreational playmg fields that could serve the Village of Key Biscayne and such recreation would constitute uses that are consistent with a nearby National Park Unit and WHEREAS designation as a National Park Unit allows the National Parks Service to manage the area in order to conserve the scenery and the natural historical objects and wildlife therein and to provide for the enjoyment of the same m such a manner and by such means as will leave them unimpaired for future generations and WHEREAS designation as aNational Park Umt will make the area eligible for federal funds to allow the Park Service to carry out this management responsibility NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE AS FOLLOWS Section 1 The Village of Key Biscayne supports the National Park service s special resource study slated for the Virginia Key Beach Park and recommends an evaluation of the undeveloped and unspoiled beach hammock and mangrove areas to be included m the study Section 2 This resolution shall take effect immediately upon adoption PASSED AND ADOPTED this 25th day of February ,2003 t 71-C9CcQed.c-i ST 1�( ahle MAYOR ROBERT OLDAKOWSKI Cs CHITA H ALVAREZ CMC VILLAGE CLERK APPROVED AS TO FORM AND LOCAL SUFFICIENCY RESOLUTION NO 2003-6 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE ATTACHED INTERLOCAL AGREEMENT BETWEEN THE VILLAGE OF KEY BISCAYNE AND MIAMI DADE COUNTY PUBLIC SCHOOLS FOR EDUCATIONAL FACILITIES PLANNING, SITE SELECTION AND ACQUISITION, AND CONSTRUCTION, PROVIDING FOR AN EFFECTIVE DATE NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS Section 1 The Village Manager is hereby authorized to execute the attached interlocal agreement on behalf of the Village with Miami Dade County Public Schools for Educational Facilities Planning Site Selection and Acquisition and Construction Section 2 Effective Date This resolution shall take effect immediately upon adoption PASSED AND ADOPTED this 25th day of February 2003 AfJCQ.stAL.__`. MAYOR ROBERT OLDAKOWSKI Adaved, A 1-1 ALVAREZ CMC VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIEN f4fitv VILLAGE ATTORNEY CONTRACT NEVER PROVIDED TO THE CLERK S OFFICE 5/14/04 I %ic/a/s, CHITA H ALVAREZ CMC VILLAGE CLERK fr RESOLUTION NO 2003- 5 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, ADOPTING THE 2003 GOALS AND OBJECTIVES, ATTACHED AS EXHIBIT "A", PROVIDING FOR AN EFFECTIVE DATE WHEREAS the Village Council of the Village of Key Biscayne held a Goals and Objectives Workshop on January 21 2003 NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS Section 1 The Village Council of the Village of Key Biscayne adopts the 2003 Goals and Objectives as shown in. Exhibit A which is attached hereto based upon consensus of the Council at the Goals and Objectives Workshop held on January 21 2003 Section 2 This resolution shall take effect immediately upon adoption PASSED AND ADOPTED this 11th day of February , 2003 MAYOR ROBERT OLDAKOWSKI CONCHI'fA H ALVAREZ CMC VILLAGE CLERK APPROVED AS ' FORM AND LEGAL SUFFICIENC VILLAGE A ' 0 EXHIBIT "A" 2003 VILLAGE OF KEX BISCAYNE VILLAGE COUNCIL GOALS AND OBJECTIVES Introduction Since mcorporahon of the Village the Council of the Village of Key Biscayne has adopted Goals and Objectives on (I1) separate occasions These Goals and Objectives are one of the pnmary factors utilized for the development of the Annual Operating Budget and the Five (5) Year Capital Improvement Program (CIP) The CIP is updatedannually On January 21, 20Q3 tbe,,Village Council held itsannual Goats and Objective session. After extensive discussion and by consensus the Council recommended the following goals and objectives Goals are divided into the following pnorrties Top, High and Low Priorities I Top Priority A Quality Infrastructure and Village Buildmgs Better Services for Citizens • Completion of Community Center • Redesign of Crandon Boulevard • Redesign of Harbor Dnve • Crandon Boulevard Beautification • Sewers/Water Pipes • Synchronization of Crandon Boulevard traffic hghts • Testing.Piogram for Water • West Mashta Drive Sidewalks (North side) • Beach 11;eriounshment Safe Community4or Residents Residents Feehng Safe and Secure f1$ • Sbho& TrafficliStnppmg of Street • More'Poiice Presence • Village 911 System • Fire Department Performance Evaluation • Control of Jet Skis • Pedestrian Crossing light at Enid and Crandon • Westwood Traffic Calming Q 2 { C Financially Sound Village Government Providing Citizen Oriented Services • Mamtain or Reduce Millage Rate • Pursue All Possible Grants • Maintam Level of Service • Maintain High Quality of Village Employees • Adequacy of Reserves Including Working Capital Reserves • Adequacy of Emergency Reserves • Bed Tax ▪ Budget Control • Adoptmg Standards to momtor finances D Beautiful Attractive Community • Crandon Boulevard Beautification • Bus Service/Shuttle Service • Pedestnan/Golf Cart Access to Fernwood Road • Zoning Aesthetics Standards for Commercial Property • Revisit Zoning Code E Leisure Opportunities for all Residents • Playing Fields • Land Acquisition • Lighting of the Village Green • Look at Adjacent Properties (Crandon Park) • Interlocal Agreement with City of Miami • Swimming Program • Progranmmmg on Village Green • Sailing Program • PEG Channel (Channel 17) F Strong Sense of Community Valuing Our Diversity Brmging People Together • Quarterly Newsletter II High Priority A Quality Infrastructure and Village Buildings Better Services for Citizens Street Lighting 3 B Beautiful Attractive Community • Creating New Independent Code from Miami -Dade County C Leisure Opportunities for all Residents • Passive Green Space D Strong Sense of Community ValumgOur Diversity, Brmgmg People Together • Use of Village Wide Surveys III Low Priority A Quahty Infrastructure and Village Buildings Better Services for Citizens • Storage Facility/Yard for Public Works • Underground Utilities • Septic Tank Utilities 01 3 RESOLUTION NO 2003 4 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, ESTABLISHING A CRANDON BOULEVARD STREETSCAPE ADVISORY COMMITTEE, SUPERCEDING RESOLUTION 2002-50 WHEREAS the 2002 03 Village Council s Goals and Objectives fists the preparation of a Crandon Boulevard Streetscape Plan and WHEREAS the Village has petitioned and the County has set aside funding in an amount not to exceed $ 50 000 for a Crandon Boulevard Streetscape Master Plan and WHEREAS the Village has entered into an Agreement with the County and the consulting firm of Corzo Castella Carballo Thompson, Salman P A for purposes of preparing the Plan and WHEREAS it is necessary to establish a citizen s advisory committee to assist the Staff and the Council in the preparation of the plan NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS Section 1 The Crandon Boulevard Advisory Committee is established with the following membership categories 1 One (1) representative from the commercial area along Harbor Dnve and Crandon Blvd 8 One (1) representative from the Ritz Hotel 2 One (1) representative from the Square Shopping Center 9 One (1) representative from the Ocean Club 3 One (1) representative from the Gallena Shopping Center 10 One (1) representative from the Towers of Key Biscayne 4 One (1) representative from the Wynn Dixie Shoppmg Center 11 One (1) representative from the Grapetree Drive and Seaview Drive area 5 One (1) representative from the condominiums on Ocean Dnve Galen Dnve Sunrise Drive and E Emd Dnve 12 14 Three (3) representatives from the residential area west of Crandon Blvd 6 One (1) representative from Key Colony 15 One Representative from the Bill Baggs Cape Florida State Park 7 One (1) representative from the Sonesta Hotel 16 One Representative from the Grand Bay Residences (condominium) 17 One Representative from Ocean Lane Dnve Section 2 This Committe shall sunset nine (9) months from the date of their first meeting Section 3 This resolution shall take effect immediately upon adoption PASSED AND ADOYIED this 28th day of January 2003 MAYOR ROBERT OLDAKOWSKI CNNCHITA H ALVAREZ VILLAGE CLERK, CMC APPROVED AS TO F' n ' ' AND LEGAL SUFFICIENC AGE ATT V page Cou al Robert Otdakowsky Mayor Jorge E Mendta roe May Martha Fdez Leon Broucek Carol Thaz-Castm Mortnner Fned James L Peters Robert L Vernon MEMORANDUM January 24 2003 TO Honorable Members of the VII age Council FROM ayor Robert Oldakowskl z' RE RE Crandon Beautification Committee I hereby appoint subject to the approval of Council the following people to serve on the Crandon Beautification Committee NOMINEE CATEGORY KAREN LLORENTE ONE REP FROM THE COMMERCIAL AREA ALONG HARBOR DR AND CRANDON BOULEVARD DR ROBERT MAGGS ONE REP FROM THE SQUARE SHOPPING DR SUSANA LEAL KHOURI ONE REP FROM GALLERIA SHOPPING SHAYNA LOPATE ONE REP FROM WINN DIXIE SHOPPING LARRY GARFIELD ONE REP FROM CONDOS ON OCEAN DRIVE GALEN DRIVE SUNRISE DRIVE AND E ENID DRIVE RON OPRZADEK ONE REP FROM KEY COLONY MATHIAS KAMMERON ONE REP FROM SONESTA HOTEL MICHAEL CARSCH ONE REP FROM THE RITZ CARLTON JEFF MILLER ONE REP FROM OCEAN CLUB BASHA HICKS ONE REP FROM THE TOWERS MICHELE PADOVAN ONE REP FROM GRAPETREE/SEAVIEW DR HENNY GROSCHEL BECKER CARLOS COTO BILL COLE THREE REPS FROM WEST RESIDENTIAL SHAWN ALLEN ONE REP FROM BILL BAGGS STATE PARK BARBARA SCHWARTZ ONE REP FROM GRAND BAY ANDREW LEMKE ONE REP FROM OCEAN LANE DRIVE \cha1307c.mem 88 West McIntyre Street Key Biscayne Honda 33149 (305) 365 5506 Fax (305) 365-8914 MISSION STATEMENT "TO PROVIDE A SAFE QUALITY COMMUNITY ENVIRONMENT FOR ALL ISLANDERS THROUGH RESPONSIBLE GOVERNMENT RESOLUTION NO 2003-3 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING A RECOMMENDATION FROM A CITIZENS COMMITTEE R RELATING TO THE SELECTION OF A CONSTRUCTION PROGRAM MANAGER (OWNER'S REPRESENTATIVE) TO ASSIST THE VILLAGE IN THE CONSTRUCTION OF THE COMMUNITY CENTER, DIRECTING THE VILLAGE MANAGER TO NEGOTIATE AN AGREEMENT WITH SKYLINE MANAGEMENT GROUP, INC , PROVIDING FOR AN EFFECTIVE DATE WHEREAS the Village pubhshed a Request for Qualifications from consultants who are interested in providing Construction Program Manager (Owner s Representative) services related to the construction of the Community Center and WHEREAS the Village Council appointed Edward Easton Barry Goldmeier and Raul Llorente to a citizen s committee to evaluate responses to the Request for Qualifications and provide the Village Council with a recommendation as to the most qualified firm and WHEREAS A Square Group Inc and Skyhne Management Group Inc submitted their qualifications for consideration by the Village and WHEREAS the citizen s committee met on January 9 2003 for purposes of mterviewmg each of the aforementioned firms and to provide a recommendation to the Village Council NOW, THEREFORE BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS Section 1 That the Village Council selects Skyline Management Group Inc as the Construction Program Manager (Owner's Representative) for the Commumty Center Section 2 That the Village Manager is directed to negotiate an Agreement with Skyline Management Group Inc for consideration by the Village Council Section 3 That the Village Manager and Village Attorney are hereby directed to implement this Resolution Section 4 This resolution shall take effect immediately upon adoption PASSED AND ADOPTED this 28th day of January 2003 1 atavb.-2- MAYOR ROBERT OLDAKOWSKI glakte TA H ALVAREZ CMC, \ILLAGE C E AND SUFFICIENCY k 0 2 RESOLUTION NO 2003-2 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE ATTACHED SERVICE AGREEMENT ON BEHALF OF THE VILLAGE, WITH COASTAL BUILDING MAINTENANCE, PROVIDING FOR AN EFFECTIVE DATE 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 a Service Agreement on behalf of the Village with Coastal Building Maintenance for custodial services for Village Hall Section 2 That the Agreement, m substantially the form attached is hereby approved and the Village Manager Village Clerk and the Village Attorney in their respective capacities are authorized and directed to execute the Agreement on behalf of the Village and are authonzed to take any and all action necessary to immediately implement all of the purposes and intent of this Resolution are authonzed to make revisions to such agreement as are deemed necessary and proper for the best interests of the Village of Key Biscayne Section 3 This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 14th day of January , 2003 t Lj MAYOR ROBERT OLDAKOWSKI dONCHITA H ALVAREZ CMC VILLAGE CLERK APPROVED AS TO F 1 • AND LEGAL SUFFICIENCY RICHARD J TO VILLAGE OF KEY BISCAYNE AGREEMENT FOR JANITORIAL SERVICES THIS AGREEMENT made and entered mto this day of January 2003 by and between the VII LAGE OF KEY BISCAYNE (the " VILLAGE") and COASTAL BUILDING MAINTENANCE INC a Florida corporation (the " CONTRACTOR") RECITALS The VILLAGE wants to engage the CONTRACTOR to perform certain Iamtonal and cleaning services (the Specified Services ) all as specifically described m the bid specifications of VILLAGE for this Agreement The CONTRACTOR wants to provide such Specified Services hi consideration of the mutual covenants set forth in this Agreement the parties agree as follows 1 SCOPE OF SERVICES The CONTRACTOR agrees to perform the Specified Services at the VILLAGE s new Government Center complex consistmg of the Police Station Fire Station Village Administrative Office m accordance with the terms and conditions of this Agreement 2 FEES FOR SERVICES 1 As full compensation for performance of the Specified Services CONTRACTOR shall be paid a fee of $1 150 00 per month pursuant to monthly invoices Invoices shall be paid by VILLAGE within fifteen (15) days of receipt 3 TERM Unless earlier termmated pursuant to paragraph 7 this Agreement shall be effective for a term of one (1) year subject to annual renewal upon mutual written agreement of the parties 4 INSURANCE, INDEMNIFCATION 4 1 Insurance The CONTRACTOR shall at all tunes carry comprehensive general liability insurance public liability and property damage insurance with mim mum policy lunits m the amount of THREE HUNDRED THOUSAND AND 00/100 1 DOLLARS ($300 000 00) per occurrence The Village shall be named as an additional msured on all of the above insurance policies CONTRACTOR shall also carry worker s compensation insurance pursuant to Chapter 440 Florida Statutes, unless exempted thereunder Each insurance pohcy shall state that it is not cancelable without written notice to the VILLAGE 30 days prior to the effective date of said cancellation CONTRACTOR shall also carry the special insurance provided through the BSCAI as described in Exhibit A attached hereto Upon execution of this Agreement CONTRACTOR shall provide VILLAGE with evidence of compliance with the foregoing insurance requirements 4 2 Indemnification CONTRACTOR shall defend indemnify and hold harmless VILLAGE from any claim, demand suit loss cost expense or damage which may be asserted claimed or recovered against or from VILLAGE by reason of any property damage or bodily injury mcludmg death, sustained by any person whomsoever which said claim demand, suit, loss cost, expense or damage arises out of or is related to or in any way connected with this Agreement or the performance of the Specified, Services The above covenant to defend indemmfy and hold harmless VILLAGE shall mclude the VILLAGE, its officers agents and employees This clause shall survive the termination of this Agreement 5 ASSIGNMENT This Agreement shall not be assignable by either party 6 PROIBITION AGAINST CONTINGENT FEES The CONTRACTOR warrants that it has not employed or retained any company or person other than a bona fide 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 termmated at any time by either party at either party s sole discretion upon thirty (30) days advance written nonce 8 NONEXCLUSIVE AGREEMENT The services to be provided by the CONTRACTOR pursuant to this Agreement shall be -2 0 91 nonexclusive and nothing herem shall preclude the VILLAGE from engagmg other firms to perform the same or similar services for the benefit of the VILLAGE within the VILLAGE s sole and absolute discretion 9 PROTEUI'ION CLAUSE VILLAGE shall not hire any employee of CONTRACTOR to perform jamtonal work directly as an employee or contractor of VILLAGE during the term of this Agreement and for two (2) years after the termination of this Agreement 10 ENTIRE AGREEMENT The parties hereby agree that this Agreement is the entire agreement between the parties with respect to the subject matter hereof This 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 CONTRACTOR The CONTRACTOR hereby warrants and represents that at all times during the term of this Agreement it shall maintain m good standing all required licenses certifications and permits required under Federal State and local laws necessary to perform the Specified Services 12 ATTORNEYS FEES In connection with any litigation arismg out of this Agreement the prevailmg party shall be entitled to recover its actual reasonable attorneys fees and costs at both the trial and appellate levels 13 NOTICES All notices and communications to the parties shall be m writmg 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 R Menendez Village Manager Village of Key Biscayne 88 West McIntyre Street Key Biscayne FL 33149 With a copy to CONTRACTOR 14 GOVERNING LAW, VENUE Richard Jay Weiss Esq Village Attorney Weiss Serota Helfman Pastonza & Guedes, P A 2665 South Bayshore Drive Suite 420 Miami Honda 33133 Coastal Building Mamtenance 15405 Northwest 7th Avenue Miami. Honda 33169 This Agreement shall be construed m accordance with the laws of the State of Florida Venue for any litigation arising out of this Agreement shall be m the state courts of Miami Dade County Florida The parties hereby waive any right to trial by jury 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 COASTAL BUILDING MAINTENANCE INC 15405 Northwest 7th Avenue Miami Florida 33169 BY //fnt:CC Name /kw `77 -� us ✓fl Title Attest VILLAGE VILLAGE OF KEY BISCAYNE 88 West McIntyre Street Key Biscayne FL 33149 By e'te R Men-•.ez Village Manager Attest Village Clerk Approved As To Legal Sufficiency Village Attorney 103001\agreements\professional services agreement for Coastal Bldg Maintenance 1 8 03 -4 0 0 EXHIBIT A INSURANCE Our Certificate of Insurance reflects the types and limits of coverage we carry to protect ourselves and our customers from potential loss There are several specialized coverage that are minded for our mutual protection that deserve special mention 1 Care Custody & Control Coverage This important form of protection is excluded from most standard General Liability policies 2 Extended Property Damage This coverage redefines property damage to include theft and mysterious disappearance for which we are legally liable i e we throw out important papers 01 neglect to lock the premises after we completed our dayhught work, etc 3 Thurd Party Fidelity Bonding this protects m the event that one of our employees steals from you There must be conclusive proof but, once that is estabhshed the bond will respond to our legal responsibility We were able to obtain this unique coverage by purchasing our insurance under a plan sponsored by and specifically designed for members of the Building Service Contractors Association International This program has been m existence for over fifteen years and is considered the ultimate in how an insurance product should be tailored to meet an industries need Its effectiveness is reflected in the fact that over mnety percent of the members of BSCAI are currently taking advantage of this program RESOLUTION NO 2003-1 A CAPITAL PROJECT AUTHORIZING RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING VILLAGE MANAGER TO PURCHASE EQUIPMENT, TO -WIT ONE BOBCAT VERSAHANDLER, AS DESCRIBED IN THE MEMORANDUM OF THE VILLAGE MANAGER ATTACHED HERETO, PROVIDING FOR AN 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 purchase of one Bobcat Versahandler (the `Bobcat) as described in the attached memorandum of the Village Manager and WHEREAS the Village Council finds that the purchase of the Bobcat is in the best interest of the Village of Key Biscayne NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS Section 1 Recitals Adopted That the recitals stated above are hereby adopted and confirmed. Section 2 Purchase Authorized That the purchase of one Bobcat Versahandler to be utilized by the Public Works Department for street maintenance storm clean up tree removal tree replacement and code comphance at a cost of $ 67 770 is hereby approved Section 3 Implementation. That the Village Manager is hereby authonzed to take any and all action necessary to implement the purposes of this Resolution Section 4 Effective Date. That this Resolution shall be effective immediately upon adoption hereof PASSED AND ADOPTED this 14th day of January , 2003 tzektt, MAYOR ROBERT OLDAKOWSKI gait/ CO 'I TA H ALVAREZ, CMC VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY VILLAGE A' 0 103001\resolun ns\cap tal project authon mg resolution 1 Village connnl Joe I Rasco Mayor Robert Oldakowski Vs Mayor Scott Bass Martha Fdez-Leon Broucek Alan H Fein Mortimer Fned James L Peters Tillage Manager Jacquehne R. Menendez Office of the Village Manager DT January 6 2003 TO relate =a tubers of the Village Council FR /e R end Village Manager Bobcat Versahandler Purchase RECOMMENDATION It is recommended that the Village Council approve the purchase of a Bobcat Versahandler BACKGROUND The Bobcat Versahandler will be used by the Public Works Department for street maintenance storm clean up tree removal tree replacement and code compliance It will also enable Village staff to clear the public right of way when obstructed at construction sites The cost of the Bobcat Versahandler is $67 770 The source of funds for this equipment purchase will be covered by the Public Works Maintenance Contracts line item and the Contractual Services line item 85 West McIntyre Street Key Biscayne Florida 33149 (305) 365 5514 (305) 365-8936 MISSION STATEMENT TO PROVIDE A SAFE QUALITY COMMUNITY ENVIRONMENT FOR ALL ISLANDERS THROUGH RESPONSIBLE GOVERNMENT JamesA Cummings fr 3575'vcr miles 53rd e r Lcuaer'ale FL3CCCE Commsilt=s Gtt'erci ContracroN Mark 7 n00 Village of Ke, BisLa,ne Department of Building Zorung and Planning _ SS West McIntyre Street— - Key Biscayne FL 33149 ;Thore Ss4 733-421 t Eat 45485 9688 Webs e 4 11 te"CSCC r'nuLL n TRANSMITTED VIA HAND DELIVERY ATTN Mr Jud Kurlancheek Director RE KEY BISCAYNE CIVIC CENTER FOUNDATION OF EXISTING POLICE & FIRE STATIONS Dear Mr Kurlancheek James A Cummings Inc and it subcontractor Miami Wrecking is progressing with Demolition of the existing Police and Fire Stations located at 85 West Enid Drive Unforeseen Circumstances have arisen concerning the foundation system The concrete slabs and foundation systems under the existing Police and Fire Stations are ranging from 12 to 66 +/ m depth see attached sketch This foundation system was not accounted for in the GMP proposal or indicated on the drawings James A Cummings Inc is tracking the quantities of the matenals being excavated in two ways (1) Truck Loads counts are being tracked and (2) the establishment of elevations post and pnor to demolition to indicate volume of materials excavated To date three (3) of the four (4) existing Pohce/Fire Station and Trailer slabs have been removed, totaling approx 813 cubic yards of matenals James A Cummings Inc is responsible for the removal approx 263 cubic yards The demolition Work of the Apparatus Bay slab remains Once the Apparatus Bay quantities are determined they will be forwarded to the Village of Key Biscayne James A Cummings Inc reserves it right to request compensation for costs and a time extension which may result from this schedule impact These costs may include but are not limited to compensation for a time extension including Jobsite and home office overhead and related costs loss of labor efficiency escalation costs and subcontractor claims These costs and required extension to the project schedule are not discernable at this time once these impacts become apparent we will advise you accordingly If there are any questions and/or concerns regarding this matter please do not hesitate in contacting this office at (3flo b 361 9227 ford tscu„ion Sincerely JAM S CL'INUNGS INC der Smith Jr ect Manager Cc Jacqueline i,lenendtz b KB Eucene Santia.,o \ KB A utando Nunez \ KB Kenn, Charken \I 1mi W et kin, Rob '4laphts J U. Rand Eachu JAC Lantz Hoitzhower J kC FILE 0 Il l