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HomeMy Public PortalAbout2002 AllRESOLUTION NO. 2002-52 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, ESTABLISHING PROCEDURE FOR DECLARING AS SURPLUS CERTAIN PERSONAL PROPERTY OF THE VILLAGE OF KEY BISCAYNE, ARISING FROM THE RELOCATION OF THE VILLAGE GOVERNMENTAL OFFICES; DECLARING CERTAIN PERSONAL PROPERTY OWNED BY THE VILLAGE TO BE SURPLUS AND AUTHORIZING THE VILLAGE MANAGER TO PROVIDE FOR THE SALE OR DISPOSITION OF SUCH SURPLUS PROPERTY; PROVIDING FOR EFFECTIVE DATE. WHEREAS, the relocation of the Village governmental offices and the purchase of new facilities and equipment has resulted in the necessity to dispose of surplus personal property as provided herein. NOW, THEREFORE, IT IS HEREBY RESOLVED BY TITE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. confirmed. Section 2. Surplus Property. That each of the items of personal property owned by the Village which a re 1 isted o n E xhibit "A " attached h ereto and i ncorporated h erein, h as b ecome obsolete, has outlived its usefulness, has become inadequate for the public purposes for which it was intended, or is no longer needed for public purposes, and accordingly is hereby declared by the Village Council to be surplus personal property of the Village. Section 3. Disposal Authorized. That the Village Manager is hereby authorized to sell or dispose of each of the items of surplus property as described in Section 2 above by public auction Recital Adopted_ That the recital stated above is hereby adopted and 1 or bulk sale for scrap items or by other procedure. established by the Village Manager. Any surplus property items acquired by the Village pursuant to governmental grant programs shall only be disposed of in accordance with procedures and criteria applicable to such grant programs. Section 4. _ Implementation. That the Village Manager is authorized to take any and all action necessary to Section 5. adoption hereof. PASSED AND ADOPTED this 10th day of December 2002. implement this Resolution and the purposes, hereof. Effective Date. That this Resolution shall be effective immediately upon /OaLEGig(._ MAYOR ROBERT OLDAKOWSKI CONCIIITA H. ALVAREZ, CMC, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: 103001Vesotutionslestablishing di • al• surplus personal property RESOLUTION NO. 2002-51 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, ESTABLISHING POLICY THAT ANY FUTURE PROCEEDS FROM THE SALE OF SURPLUS FIRE APPARATUS AND FIRE DEPARTMENT SUPPORT VEHICLES BE PLACED INTO THE CAPITAL IMPROVEMENT F UND B UDGET L INE I TEM F OR F IRE RESCUE VEHICLE REPLACEMENT; PROVIDING FOR EFFECTIVE DATE. WHEREAS, during the formulation of the Village Fire Rescue Department, a capital improvement line item entitled "Reserve Fund For Fire Rescue Equipment" was established within the Village budget to finance the replacement of fire rescue equipment and vehicles; and WHEREAS, in fiscal year 1998-1999, the funds in this capital improvement line item were depleted in order to purchase rescue transport vehicles (2) and support vehicles (3) for the Fire Rescue Department; and WHEREAS, b etween fiscal years 1998-1999 and 2 001-2002, n o d edicated funds w ere identified and used to replenish the previously depleted capital improvement line item within the budget; and WHEREAS, in fiscal year 2001-2002, the proceeds from the sale of the 1993 Village Quint (fire vehicle) in the amount of $200,000.00 was placed into the capital improvement line item; and WHEREAS, in November of fiscal 2002-2003, the Village Council provided conceptual approval for a program replacing the fleet of fire apparatus utilizing the existing capital improvement fund amount as a down payment for a lease -purchase agreement for two fire bucks; and WHEREAS, no other funding source has been identified for the above referenced capital improvement line item; and II WHEREAS, it is desirable to identify a funding source for the purchase of fire rescue equipment and vehicles. 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. Policy Adopted. That it shall be the policy of the Village Council to provide that all future proceeds from the sale of surplus fire apparatus and fire department support vehicles be placed into the Capital Improvement Fund line item of the budget for the Fire; Rescue. Vehicle Replacement. 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 be effective immediately upon adoption hereof. PASSED AND ADOPTED this 0th day of December 2002. MAYOR ROBERT OLDAICOVVSKI dael HITA H. ALVAREZ, CIVIC, VILLAGE CLE APPROVED AS TO FO AND LEGAL SUFFICIEN VILLAGE A 103001Wsolutions\surplus fire apparatus proceeds RESOLUTION NO. 2002-50 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; ESTABLISHING A CRANDON BOULEVARD STREETSCAPE ADVISORY COMMITTEE FOR PURPOSES OF ASSISTING STAFF IN THE PREPARATION OF A NEW ZONING ORDINANCE FOR THE ENTIRE VILLAGE. WHEREAS, the 2002-03 Village Council's Goals and Objectives lists 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 Drive and Crandon Blvd. 7 One (1) representative from the Sonesta Hotel 2. One (1) representative from the Square Shopping Center 8. One (1) representative from the Ritz Hotel 3. One (1) representative from the Galleria Shopping Center 9. One (1) representative from the Ocean Club 4. One (1) representative from the Wynn Dixie Shopping Center 10. One (1) representative from the Towers of Key Biscayne 5. One (1) representative from the condominium s on Ocean Drive; Galen Drive, Sunrise Drive, and E. Enid Drive 11. One (1) representative from the Grapetree Drive and Seaview Drive area. 6. One (1) representative from Key Colony 12-14. Three (3) representatives from the residential area west of Crandon Blvd. 15. One Representative from the Bill Baggs Cape Florida State Park 16. One Representative from the Grand Bay Residences (condominium) Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 10th day of December , 2002. MPYORROBERT OLDAKOWSKI dyer CHITAH. ALVAREZ, VILLAGE CLERK, CMC APPROVED AS TO FO AND LEGAL SUFFICIENCY LAGS A ORNE RICHARD JAY WEISS, Y: RESOLUTION NO. 200249 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; ESTABLISHING A POLICY FOR AN ANNUAL EMPLOYEE COST OF LIVING ADJUSTMENT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the U.S. Department of Labor, Bureau of Labor Statistics is the nationally recognized benchmark for providing cost of living data; and WHEREAS, timely and regional cost of living data is necessary to properly plan for budgetary purposes. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS: Section 1. That the Village Manager will use the U.S. Department of Labor, Bureau of Labor Statistics data for the Miami - Ft. Lauderdale area in determining the proposed annual cost of living adjustment for all Village employees. ems"'„' Section 2. That in making calculations for deteiuiining the appropriate percentage adjustment, the yearly May figures will be used to allow for proper budget preparation time requirements. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 26th day of November , 2002. HITA H. ALVAREZ, CMC, VILLAGE CLE APPROVED AS TO FORM AND LEGAL SUFFIC RICHARD JAY WEISS, VILLAGE ATTORNEY /1-0cg4,1,1t4 MAYOR ROBERT OLDAKOWSKI RESOLUTION NO. ° 2002-48 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE ISSUANCE OF CAPITAL IMPROVEMENT REVENUE BONDS, SERIES 2002, OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, IN THE AGGREGATE PRINCIPAL AMOUNT OF $9,987,551 FOR THE PURPOSE OF FINANCING A PORTION OF THE COSTS OF CONSTRUCTION AND , EQUIPPING OF A COMMUNITY CENTER, INCLUDING A PARKING GARAGE AND SWIMMING POOL, FINANCING ARCHITECTURAL, ENGINEERING, ENVIRONMENTAL, LEGAL AND OTHER PLANNING COSTS RELATED THERETO, AND PAYING COSTS OF' ISSUANCE OF THE BONDS; AWARDING: THE SALE OF THE BONDS TO SUNTRUST BANK; PROVIDING FOR SECURITY FOR THE BONDS; PROVIDING OTHER PROVISIONS RELATING TO THE BONDS; MAKING CERTAIN COVENANTS AND AGREEMENTS IN CONNECTION THEREWITH AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on October 22, 2002, the Village Council (the "Council") of the Village of Key Biscayne, Florida (the "Village") adopted Ordinance No. 2002-11 (the "Ordinance") authorizing the issuance of not exceeding $9,987,551 Village of Key Biscayne, Florida Capital Improvement Revenue Bonds, Series 2002 (the "Bonds"), for the purpose of financing a portion of the costs of construction and equipping of a community center, including a parking garage and swimming pool, financing architectural, engineering; environmental; legal and other planning costs related thereto, and paying costs of issuance of the Bonds (the "Project"); and WHEREAS, pursuant to the Ordinance, the Village has solicited proposals for the financing of the Project; and WHEREAS, the Council hereby determines to accept a commitment (the "Commitment") from SunTrust Bank (the "Bank") to purchase the Bonds; and WHEREAS, the Council desires to set forth- the details of the Bonds in this Bond Resolution; NOW,' THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA: SECTION 1. AUTHORIZATION OF BONDS. Pursuant to the provisions of the Bond Resolution and the Ordinance, capital improvement revenue bonds of the Village to be designated "Village of Key Biscayne, Florida Capital Improvement Revenue Bonds, Series 2002" (the M1070212_2 1 t `Bonds"), are hereby authorized to be issued in anaggregate principal amount of $9,987,551 for the purpose of financing a portion of the costs of construction and equipping of a community center, including a parking garage and swimming pool, financing architectural, engineering, environmental, legal and other planning costs` related; thereto, and paying costs of issuance of the Bonds. SECTION 2. TERMS OF THE BONDS (a) General Provisions. The Bonds shall be issued; in fully registered foun without coupons. The principal' of and interest; on` the Bonds shall be payable when due in lawful money of the United States of America by wire transfer or by certifiedcheck delivered on or prior to the date due to theregisiered:Ownersofte Bonds ("Ownrers") or their legal ,representatives at the addresses of the (wirers "is. they apps on the registration hooks of the \'ill a e. Payments shall be made in imniediately available, funds.byno;later than 2:00 p.rn. oit the,date.due, tee and clear of any 3efenses, setto`ffs, dounterclaims, or withholdings or deductipns,for• taxes. , The Bon"ds`shall"be dat'ed.the date oftheir issuanee and ery;and shall; be initially issued as one Bond in the ilenottli tian. Of 59;957,»S„ 1 The Bonds shat mature on November 1, 2022. THE BONDS S AEL`NOT`BE DEEMED TO'GONSTITHTE AN'I DEBTEDNESS OF THE VILLAGE OR A PLEDGE OF THE FAITH 1ND CREDIT OF TUE° VILLAGE, BUT SHALL BE PAYABLE EXCLUSIVELY FROM LEGALLY AVAILABLE NON -AD VALOREM "''REVENLES OF THE; VILLAGE; AS DE7 ®. fN TEIISS RESOLUTION. THE ISSUANCE OF THE BONDS,S 1A L NorpiREcTLy OR, INDIREC'T`LY °RICO GENTLY OBLIGATE THE VILLAGE TO LEtVY=-OR TO P1 FDGEi ANY±FORM �OF T ION WHATEVER ,THEREFOR "NOR !,SHALL .,THE BONDS CONSTITUTE A C , GE, LIEN, OR -ENCUMBRANCE LtEGA1 ORSEQ iTABLE 'UPON PROPERTY F THE VILLAGE, 'i`AND' THE HUJLDERSOFTHE.BONDSiSl THE POWER OF TAXATION. (b) Interest Rate. Subject to adjustment as provided below, the Bonds shall bear interest on the outstanding principal balance from their date ofissuance payable quarterly on the first day of each February, May, August and November (the "Interest Payment Dates"), commencing February 1, 2003, at an interest rate equal to 3.59% per annum to but not including November 1, 2012 (the "Initial Interest Rate Period"). Commencing on November 1, 2012 through the maturity date of the Bands (the "Second Interest Rate Period"), the interest rate shall be adjusted to a rate equal to (A)'the ten-year Federal Reserve interest rate.swap rate (the "Index Rate"), plus 110 basis points, divided by (B) 1.5054 (such divisor, however, being subject to adjustment if any of the events specified in this Section (2)(b) (1) through (iv) occurs, so as to provide the Owners of the Bonds the same after-tax yield they would otherwise have had in the absence, of such occurrence) (the "New Interest Rate"). The "Index Rate" is currently published at the website: http: //federalreserve. gov/releases/h 15/update. M1070212_2 2 Interest on the Bonds shall be computed on the basis of a 360 -day year based on twelve 30 - day months. (1) Adjustment of Interest Rate For Full Taxability. In the event a Determination of Taxability shall have occurred, the rate of interest on the Bonds shall be increased to a rate per annum equal to 5.5286%, and in the event a Determination of Taxability shall have occurred during the Second Interest Rate Period, the rate of interest on the Bonds shall be increased to a rate per annum equal to the New Interest Rate times 1.54 (the "Taxable Rate"), effective retroactively to the date on which the interest payable on the Bonds is includable for federal income tax purposes in the gross income of the Owners thereof. In addition, the Owners of the Bonds or any former Owners of the Bonds, as appropriate, shall be paid an amount equal to any additions to tax, interest and penalties, and any arrears in interest that are required to be paid to the United States by the Owners or former Owners of the Bonds as a result of such Determination of Taxability. All such additional interest, additions to tax, penalties and interest shall be paid by the Village on the next succeeding Interest Payment Date following the Determination of Taxability. A -"Determination of Taxability" shall mean (I) the issuance by the Internal Revenue Service of a statutory notice of deficiency or other written notification which holds in effect that the interest payable on the Bonds is includable for federal income tax purposes in the gross income of the Owners thereof, which notice or notification is not contested with the Internal Revenue Service by either the Village or any Owners of the Bonds, or (ii) a determination by a court of competent jurisdiction that the interest payable on the Bonds is includable for federal income tax purposes in the gross income of the Owners thereof, which determination either is final and non - appealable or is not appealed within the requisite time period for appeal, or (iii) the admission in writing by the Village to the effect that interest on Bonds is includable for federal income tax purposes in the gross income of the Owners thereof, or (iv) receipt by the Village of an opinion of bond counsel to the Village to the effect that interest on the Bonds is includable for federal income tax purpose in the gross income of the Owners thereof. (ii) Adjustment of Interest Rate for Partial Taxability. In the event that interest on the Bonds during any period becomes partially taxable as a result of a Determination of Taxability applicable to less than all of the Bonds, then the interest rate on the Bonds shall be increased during such period by an amount equal to: (A -B) x C where:' (a) (b) A equals the Taxable Rate (expressed as a percentage); B equals the interest rate on the Bonds (expressed as a percentage); and M1070212_2 3 0 0 (e) C equals the portion of the Bonds the interest on which has become taxable as the result of such tax change (expressed as adecimal), addition, the Owners ofthe Bonds or any former Owners of the Bonds, as appropriate, shall be paid an amount equal to anyadditions to tax, interest and penalties, and any arrears in interest that are required to be paid to the United States bythe Owners or former Owners ofthe Bonds as a result of such Determination of ':Taxability. All such additional interest, additions to fax, penalties and interest shall e paid by% the Vilage on the neat succeeding interest Payment; Date following the Determination ofTaxability. Adjustment of interest Rate for Change in Maximum Corporate 'Fax event that' the Maximum ' effective federal, corporate tax rate (the orporate Tax Rate") during any period' with respect to which interest ng on the Bonds on a tax-exempt basis, shall be other than thirty-five );` the interest rate on the Bonds that are bearing interest on a tax-exempt beyadj"listed to the product 'obtained by multiplying the interest rate then iin'effectontie Bonds by a`fractionequal to (1-A divided by l -B), where A equals r +Corporate Tax Rate in effect as :of the date of adjustment and B equals gate Tax Rate in effect immediately prior to the date of (i') Adjustment of Interest Rate for Other Changes Affecting After -Tax eld. So long as any portion of the principal amount of the Bonds or interest rereonireivains unpaiddVia) Warty rule, regulation or executive order is enacted r 1p -tailgated by any public body or governmental agency which changes the basis of taxation of interest on the Bonds or causes a reduction in yield, on the Bonds (other than by reason ofa change described above)', to the Owners or any former Owners of the Bonds, including without limitation the imposition of any excise tax or surcharge thereon, or (b) if, as a result of action by any pubic body or governmental agency, any payment is required to be made by, or any federal, state or local income tax deduction is denied to, -the Owners or any former Owners of the Bonds (other than by reason of a change described above or by reason of any action or failure to act on the part of any Owner or any former Owner of the Bonds) by reason of the ownership of the Bonds;: the Vintage shalt reimburse any such Owner within five (5) days after receipt by the Village of written demand for such payment, and the Village agrees to indemnify each such Owner against any loss, cost, charge or expense with respect to any such: change. The determination of the after-tax yield calculation shall be verified by a fitiu of certified public accountants regularly employed by the Bank (or the current Owner of the Bonds) and acceptable to the Village, and such calculation, in the absence of manifest error, shall be binding on the Village and the Owners. Prepayment Provisions. (I) Mandatory Prepayment. The principal of the Bonds shall be subject to mandatory prepayment in quarterly annual installments on each Interest Payment Date, commencing' August 1, 2004 (each a "Scheduled Due Date"). The schedule of principal and interest payments due on each Scheduled Due Date shall be determined on May 1, 2004, after the last Advance (as defined in Section 10(e) hereof) has been made in accordance with Section 10(a) hereof. The schedule shall be determined based upon an eighteen and one-half (18.5) year amortization schedule of substantially level payments of principal and interest, with payments of principal and interest sufficient to fully amortize so much of the pnncipal amount of the Bonds as has been Advanced hereunder, with the final payment due and payable on November 1, 2022. In the event that there is more than one Owner of the Bonds, (A) the Village shall determine the amount of each Bond to be redeemed, and (B) the Village shall give notice to each Owner of the Bonds at least three (3) days prior to the date of mandatory redemption of the amount of each Bond to be redeemed. (ii) Optional Prepayment. The Bonds are subject to optional prepayment, upon thirty (30) days written notice to the Bank, in whole or in part at any time at par, plus accrued interest to the date of prepayment. SECTION 3. EXECUTION OF BONDS. The Bonds shall be signed in the name of the Village by the Mayor or Vice Mayor (or, in their absence, any other member of the Village Council) and the Village Clerk, and its seal shall be affixed thereto or imprinted or reproduced thereon. The signatures of the Mayor or Vice Mayor (or, in their absence, any other member of the Village Council) and Village Clerk on the Bonds may be manual or facsimile signatures, provided that the sign] ture of one of such officers shall be a manual signature. In case any one or more of the officers who shall have signed or sealed any of the Bonds shall cease to be such officer of the Village before 'the Bonds so signed and sealed shall have been actually sold and delivered, such Bonds may nevertheless be sold and delivered as herein provided and maybe issued as if the person who signed and sealed such Bonds had not ceased to hold such office. Any Bonds may be signed and; sealed on behalf of the Village by such person as at the actual time of the execution of such Bonds shall hold the proper office, although at the date of such Bonds such person may not have held such office or may not have been so authorized. SECTION 4. NEGOTIABILITY, REGISTRATION AND. CANCELLATION. The Village shall serve as Registrar and as such shall keep books for the registration of Bonds and for the registration of transfers of Bonds. Bonds' may be transferred or exchanged upon the registration books kept by the Village, upon delivery to the Village, together with written instructions as to the details' of the transfer or exchange, of such Bonds in form satisfactory to the Village and with M1070212_2 5 guaranty of signatures satisfactory to the Village, along with the social security number or federal employer identification number of any transferee and, if the transferee is a trust, the name and social security or federal tax identification numbers of the settlor and beneficiaries of the trust, the date of 't:Abe trust and the name, of the trustee. Bonds may be exchanged for oneor more Bonds of the same aggregate principal amount and maturityLanx,n denominations in integral multiples of $250,000 ept that an odd; lot is permitted to complete the outstanding principal balance). No transfer or xchange of any Bond shall be effective until, entered on the registration books maintained by the r, ;Village. , The Village may deem and treat the person in whose name any Bond shall be registered upon rthe books . kept bky the Wiilago as, the absolute ,Owne-r of such Bond, whether such Bond shall be rdue et,aut, for the,puipose of,receiving payment o,L or.on account ,of, the principal of and rest on a15ch %Bond asthey become due anchor all other purposes. 4.l1such payments so made to any such Owner or upon his order shall be valid and effectual to satisfy and discharge the liability upon such Bond to the extent of the sum or sums so paid. In all cases *winch transferred or exchanged in accordance with this Section, the Village shall execute and deliver Bondsin accordance with the provisions of this Resolution. All Bonds surrendered iany ,suph exchanges or transfers shall forthwith be cancelled by the Village. There shall be no charge for any such exchange or transfer of Bonds, but the Village may require the payment of a stun sufficient to pay any tax, feeor other,govermnentai charge required to be paid with respect to such exehange,or transfer. The Village shall not be required to transfer or exchange Bonds for a period of 15 days next preceding. an Interest Payment Date on such Bonds. All Bonds, the principal and interest of which has been fully paid, either at or prior to maturity, shall be delivered to the Village when such payment is made, and shall thereupon be cancelled. In case a portion but not all of an outstanding Bond shall be prepaid, such Bond shall not be urrendered inexchange for a new Bond, but the Village shall make a notation indicating the remaining outstanding principal of the Bonds upon the registration books. The Bond so redesignated shall have; the remaining principal as provided on such registration books and shall, be deemed to have been issued in the denomination of the outstanding principal balance, which shall be an (authorized denomination. SECTION 5. BONDS MUTILATED DESTROYED, STOLEN OR LOST. In case any Bond shall become mutilated or be destroyed, stolen or lost, the Village may in its discretion issue ` and deliver a new Bond of like tenor as the Bond so mutilated, destroyed, stolen or lost, in the case of a mutilated Bond, in exchange and substitution for such mutilated Bond upon surrender of such mutilated Bond or in the rase of a destroyed, stolen or lost Bond in lieu of and substitution for the Bond destroyed, stolen or lost, upon the Owner furnishing the Village proof of his ownership thereof, satisfactory proof of Joss or destruction thereof,and satisfactory, indemnity, complying with such other reasonable regulations and conditions as the Village may prescribe and paying such expenses M10'70212_2 6 0 as the Village may incur. The Village shall cancel all mutilated Bonds that are surrendered. If any mutilated, destroyed, lost or stolen Bond shall have matured or be about to mature, instead of issuing a substitute Bond, the Village may pay the principal of and interest on such Bond upon the Owner complying with the requirements of this paragraph. Any such duplicate Bonds issued pursuant to this section shall constitute original, additional contractual obligations of the Village whether or not the lost, stolen or destroyed Bonds be at any time found by anyone, and such duplicate Bonds shall be entitled to equal and proportionate benefits and rights as to lien on and source and security for payment from the funds, as hereinafter pledged, to the extent as all other Bonds issued hereunder. SECTION 6. FORM OF BONDS. The text of the Bonds shall be of substantially the tenor set forth in Exhibit"A" hereto, with such omissions, insertions and variations as may be necessary and desirable and authorized or permitted by this Resolution. SECTION 7. COVENANT TO BUDGET AND APPROPRIATE. The Village hereby covenants and agrees to appropriate in its annual budget, by amendment, if necessary, from Non -Ad Valorem Revenues (as defined in this Section) lawfully available in each fiscal year, amounts sufficient to pay the principal and interest due on the Bonds in accordance with their terms during such fiscal year. "Non -Ad Valorem Revenues" means all revenues of the Village derived from any source other than ad valorem taxation on real or personal property and which are legally available to make the payments required under this Resolution, other than (I) Public Service Taxes authorized by Part III, Chapter 166, Florida Statutes, and received by the Village pursuant to Section 25-50 et seq. of the Village Code and (ii) Stormwater Utility Fees as defined by Section 403.0893(3), Florida Statutes, and imposed pursuant to Ordinance No. 9341 adopted by the Village Council on June 22, 1993 (as amended by Ordinance No. 93-11-A); but only after provision has been made by the Village for the payment of all essential or legally mandated services not otherwise provided for by ad valorem taxes. Such covenant and agreement on the part of the Village to budget and appropriate such amounts of Non -Ad Valorem' Revenues shall be cumulative to the extent not paid, and shall continue until such Non -Ad Valorem Revenues or other legally available funds in amounts sufficient to make all such required payments shall have been budgeted, appropriated and actually paid. Notwithstanding the foregoing covenant of the Village, the Village does not covenant to maintain any services or programs, now provided or maintained by the Village, which generate Non -Ad Valorem Revenues. Such covenant to budget and appropriate doesnot create any lien upon .or pledge of such Non -Ad Valorem Revenues, nor does it preclude the Village from pledging in the future its Non -Ad Valorem R evenues, n or d oes i t r equire t he V illage t o t evy and c ollect any p articular N on -Ad Valorem Revenues, nor does it give the Bondholders a prior claim on the Non -Ad Valorem Revenues as opposed to claims of general creditors of the Village. Such covenant to appropriate Non -Ad Valorem Revenues is subject in all respects to the payment of obligations secured by a pledge of such Non -Ad Valorem Revenues heretofore or hereinafter entered into (including the payment of debt service on bonds and other debt instruments). However, the covenant to budget and M1070212_2 "appropriate in its general annual budget for the purposes and in the manner stated herein shall have i,-'the effect of making available in the manner described herein Non -Ad Valorem Revenues and ='placing' on the Village' a positive duty to appropriate and budget, by amendment, if necessary, amounts sufficient to meet its obligations under this Resolution, subject, however, in all respects to e tears of this Resolution and the restrictions of Section 166.241(3), Florida Statutes, which "'provides. in part, that the governing body of each municipality make appropriations for each fiscal iPlyear which, in any one year, shall not exceed the amount, to be received from taxation, or other `l* revenue sources;' and"s abject;fmther, to t p ayment o f services a nd programs.w hich are. for "essential public purposes affecting the,health, welfare and safety of the inhabitants of the Village or whichare legally mandated by applicable law. SECTION 8. BOND FUND. There is hereby createda fund entitled "Village of Key 'Biscayne, F loads Capital Improvement Revenue B ands, S cries 2002 B F und" (the "Bond and"). There shall be deposited, into= the Bond Fund on each Interest Payment" Date sufficient amounts of Non -Ad Valorem Revenues as specified in Section 7 hereof which, together with the tiounts already on deposit therein, will enable the village to pay the principal of and interest on the Bonds on each Interest Payment Date. Moneys in the Bond Fund shall be applied on each Interest >, Payment' Date to the payment of principal of and interest on the, Bonds comingdue on each such date. Bond Fund may be invested in the following investments, maturing at pr before the time such funds may be needed to payprincipal of orinterest on Bonds, to the extent such; investments are legal for investment of municipal funds (`Authorized Investments"); The Local Government Surplus Funds Trust Fund; (b) Negotiable direct obligations of, or obligations, the principal of and interest on which are unconditionally guaranteed by, the United States Government at the then prevailing market price for such securities; SECTION 9. INVESTMENT OF BOND FUND-. Subject to Section 12 hereo f funds in the (c) Interest -bearing time deposits or savings accounts in banks organized under the laws of the State of Florida (the "State"), in a national banks organized under the laws of the United States and doing business and situated in the State, in savings and loan associations which are under State supervision, or in federal savings and loan associations located in the State' and organized under federal law and federal supervision, provided that any such deposits are secured by collateral as may be prescribed by law; (d) Obligations- of the., federal farm credit banks; the Federal Home Loan =Mortgage Corporation, including Federal Home Loan Mortgage Corporation participation certificates; or the Federal Home Loan Bank or its district banks or obligations guaranteed by the Government National Mortgage Association; M1070212_2 8 0 (e) Obligations of the Federal National Mortgage Association; including Federal National Mortgage Association participation certificates and mortgage pass -through certificates guaranteed by the Federal National Mortgage Association; (f) Securities of, or other interests in, any open-end or closed -end management type investment company or investment trust registered under the investment Company Act of 1940, 15 U.S.C: ss. 80a-1 etrseq.; as amended from time to time, provided the portfolio of such investment company or investment trust is limited to United States Government obligations and to repurchase agreements fully collateralized by such United States Government obligations and provided such investment company or investment trust takes delivery of such collateral either directly or through an authorized custodian; or (g) Any otherinvestments that at the time are legal investments for municipal funds, are permitted by the duly approved investment policy of the Village and as to which the Bank has not objected in writing: SECTION 10. ADVANCES AND APPLICATION OF BOND PROCEEDS. (a) The proceeds of the Bonds shall be disbursed by the Bank by making Advances (as defined below) from time to time in an aggregate principal amount not exceeding $9,987,551, provided that no Advance shall be made after May 1, 2004. (b) The Village may request an Advance by delivering to the Bank at least one Business Day (as defined below) prior to the date on which the Advance is requested to be funded a written request signed by either the Mayor, the Village Manager or the Finance Director of the Village (each such request, a "Notice of Advance") (I) specifying the Business Day on which the funding of the Advance is requested; (ii) specifying the amount of the Advance requested; (iii) stating that to the best of the signer's knowledge, no event of default under the Resolution has occurred and is continuing (which has not been cured or waived) and no event which, with the giving of notice or the passage of time or both would constitute an event of default, has occurred and is continuing. (c) Uponreceipt of a Notice of Advance, the Bank shall fund the Advance requested prior to 11:00 a.m. on the later of the succeeding Business Day or the date such Advance is requested to be funded: On the date the Advance is to be funded, the Bank shall make available the amount of the Advance requested in immediately available funds.,, (d) A Notice of Advance may be revoked by the Village upon delivery of a written notice delivered to the Bank not later than 9:00 a.m. on the date the proposed Advance is to be funded. (e) For purposes of this Section. 10, "Advance" shall mean an advance of the Bond proceeds by the Bank to the Village, and "Business Day" shall mean any date other M1070212_2 9 day, Sunday or other"flay ifwhicb the Bank is lawfully closed. (f) Sufficient proceeds received from the first Advance on the, date of issuance of the Bonds shall be applied to pay costs of issuance of the Bonds. All other proceeds received fioinrthe first Advance, as well as proceeds received from all subsequent Advances, shall/be depossited'in'the "Village of Ivey Biscayne Capital ,Improvement Revenue Bonds, t'Series 2002 Project Fund" (the ."Project: Fund"), hereby created, and,used only reconnection with the Project. (g) Pending their ,use, the. ;proceeds 'ha the :Project Fund may be invested in A xthori ed Invesf enta; maturing.notilater thanthe date.or dates on which such proceeds will be needed for the purposes of this Bond Resolution. Subject to Section 12 hereof, any me2received upon such investinent:shall be deposited in the,Projeet Fund and applied to ft&to,Projee'or at the option oftheVi11age, deposited m *he Bond Fimd and used to pay interest on the Bonds until completion oft e Project. Subject, to 12.,hereof, , after the completion of the Project, any remaining balance of proceeds of the Bonds shall be deposite n4� the BondFun4 and used solely to pay pnncipal ofthe Bond& (h) The Project Fund shall be kept separate and apart from all other funds of the Village and the moneys on deposit, therein shall be withdrawn, used. and applied by the Village solely forthe purposes set forth herein.' Pending such application, the Project Fund shall be subject to the lien ofthe Owners of the Bonds for the payment ofthe principal of and ntereston the. Bonds:, (I) The registered Owners shall have no responsibility for the use of the proceeds ofthe Bonds, andktheuse of such Bond proceeds by the Village, shall in no way affect the rights of such registered Owners. ThetVillage shall be obligated to apply the proceeds of the Bonds solely for financing costs of the Project However, the, Village shall be irrevocably 'obligated to continue to pay the,principal of and;interest on the; Bonds notwithstanding any failure of the Village to use and apply such Bond proceeds in the manner provided herein. SECTION 11. FUNDS. Each of the funds and accounts herein established and created shall constitute trust funds for the purposes provided; herein for such, funds and accounts respectively. The `money in such funds and abcoiints shall be.corrtinuouslysecured in the same manner as deposits of ,Village funds areauthonzPd-to be secured by the laws of the State of Florida. Except as otherwise provided herein, earnings; on any investments in anyamounts, on any of the funds, and accounts herein established and created shall be credited to such respective fund or account. The designation and establishment of the funds and accounts in and. by this Bond Resolution shall not be construed to require the establishment of any completely independent, self -balancing funds, as such term is commonly defined and used in governmental accounting, but rather is intended solely to constitute an'earmarking of certain revenues and assets of the Village for the purposes herein provided and to establish certain priorities for application of suck revenues and assets. 10 SECTION 12. INVESTMENTS AND USE OF PROCEEDS TO COMPLY WITH INTERNAL REVENUE CODE OF 1986. The Village covenants to the Owners of the Bonds that it will take all actions and do all, things necessary and desirable in order to maintain the exclusion from gross income for federal income tax purposes of interest on the Bonds, and shall refrain from taking any actions that would cause interest on the Bonds to be included in gross income for federal income tax purposes. In particular, the Village will not make or direct the making of any investment or other use of the proceeds of the Bonds which would cause such Bonds to be "private activity bonds" as that term is defined in Section 141 (or any successor provision thereto) of the Code or "arbitrage bonds" as that teuai is defined in Section 148 (oranysuccessor provision thereto) of the Code, and all applicable regulations promulgated under the Code, and that it will comply with the applicable requirements of Sections 141 and 148 of the Code and the aforementioned regulations throughout the term of the Bonds. SECTION 13. DESIGNATION UNDER SECTION 265(b)(3) OF THE CODE. The Village hereby designates the Bonds as qualified tax-exempt obligations under Section 265(b)(3)(B) of the Code, and shall make all necessary filings in order to effectuate such election. The Village represents that neither the Village nor any subordinate entities or entities issuing tax-exempt obligations on behalf of the Village within the meaning of Section 265(b)(3) of the Code have issued tax-exempt obligations during calendar year 2002 and neither the Village nor any such entities expect to issue tax-exempt obligations during calendar year 2002, other than the Bonds. SECTION 14. ARBITRAGE REBATE COVENANTS. There is hereby created and established a fund to be held by the Village, designated the "Village. of Key Biscayne Capital Improvement Revenue Bonds, Series 2002 Rebate Fund" (the "Rebate Fund"). The Rebate Fund shall be held by the Village separate and apart from all other funds and accounts held by the Village under this Resolution and from all other moneys of the Village. Notwithstanding anything in this Resolution to the contrary, the Village shall transfer to the Rebate Fund the amounts required to be transferred in order to comply with the Rebate Covenants, if any, attached as an Exhibit to the Arbitrage Certificate to be delivered by the Village on the date of delivery of the Bonds (the "Rebate Covenants"), when such amounts, are so required to be transferred. The Village Manager shall make or cause to be made payments from the Rebate Fund of amounts required to be deposited therein to the United States of America in the amounts and at the times required by the Rebate Covenants. The Village covenants for the benefit of the Owners of the Bonds that it will comply with the Rebate Covenants. The Rebate Fund, together with all moneys and securities from time to time held therein and all investment eamings derived therefrom, shall be excluded from the pledge and lien of this Resolution. The Village shall not be required to comply with the requirements of this Section 14 in the event that the Village obtains an opinion of nationally recognized bond counsel that (I) such compliance is not required in order to maintain the federal income tax exemption of interest on the Bonds and/or (ii) compliance with some other requirement is necessary to maintain the federal income tax exemption of interest on the Bonds. M1070212_2 11 SECTION 15. SPECIAL COVENANTS. (a) The Village shall, within one hundred eighty (180) days: of the end of each fiscal year of the Village, deliver to the Bondholders a copy of the annual audited financial ents of the Village. Within thirty (30) days of its final` -.adoption, the Village shall to the Bondholders °a copy of the operating budget for each upcoming fiscal year of the Village: (5) (I) The Village hereby covenants that, so , long as the Bondsare outstanding, it shall maintain a Debt Service Coverage Ratio (hereinafter defined) equal to 1.25 to (ii) The Village shall be permitted to issue additional Debt secured in the same manner as the Bonds (as specified in Section.7 hereof), so long as on the date of issuance of such additional Debt the Debt Service Coverage Ratio for the current fiscal year of the Village is at least 1.25 to 1. (iii) ' "Debt Service Coverage Ratio"' shall mean the ratio of (a) all Non -Ad Valorem!Revenues (as defined in Section 7 hereof) of the Village in the current fiscal year of the Village plus any available cash balance in the General Fund, to (b) the Debt Service corning due on the Bonds and all other Debt of the Village secured in the same manner as the Bonds. (as specified in Section 7 hereof), plus, for purposes of the calculation in (n) above only, the additional Debt. (c) The total Debt of the Village, including amounts authorized but still not drawn down under existing loan agreements and other contractual arrangements with banks and other financial institutions, underwriters, brokers and/or intermediaries, shall not exceed the greater of: '(I) one percent (1%) of the total assessed value of all property within the Village as certified by the Miami -Dade County Property Appraiser for thecurrent fiscal year; or (ii) that amount which would rause annual Debt Service to equal fifteen percent (I5%) of General Fund expenditures for the previous fiscal year. (d) As used i n t his S ection 1: 5, the following terms s hall h ave the m eaning ascribed to them in this subsections (I) "Debt" shallmean any obligation of the Village, to repay borrowed money however evidenced since the date of its incorporation regardless of tenor or term for which it was originally contracted or subsequently converted through M1070212_2 12 refinancing or novation, except (A) any obligation required to be repaid in less than a year and which was incurred solely for emergency relief of natural disasters, or (B) that portion of any obligations for operations which are financed and operated in an independent; self-liquidating <manner and recovered entirely through currently collected user fees and charges. (ii) . - "Debt Service" shall include, without limitation thereto, scheduled interest payments, repayments of principal and all financial fees arising from Debt or from the underlying contractual obligations, whether as originally incurred or subsequently defened or otherwise renegotiated. (iii) "General Fund" shall mean any and all revenues of the Village, from whatever source derived, except those revenues derived from special assessments, user fees and charges and designated as a separate fund to, finance goods and services to the public_ SECTION 16, COVENANTS BINDING ON VILLAGE AND SUCCESSOR. All covenants, stipulations, obligations and agreements of the Village contained in this Resolution constitute a contract between the Village and the Owners of the Bonds and shall be deemed to be covenants, "'s stipulations, obligations and agreements of the Village to the full extent authorized or permitted by law, and all such covenants, stipulations, obligations and agreements shall be binding upon the successor or successors thereof from . time to time and upon the officer, board, body or commission • to whom or to which any power or duty affecting such covenants, stipulations, obligations and agreements shall be transferred by or in accordance with law. Except as, otherwise provided in this Resolution, all rights, powers and privileges conferred ,and duties and liabilities imposed upon the Village or upon the Village Council by the provisions of this Resolution shall be exercised or performed by the Village Council or by such officers, board, body or commission as may be required by law to exercise such powers or to perform such duties. No covenant, stipulation, obligation or agreement herein contained shall be deemed to be a covenant, stipulation, obligation or agreement of any present or future member of the Village Council or officer, agent or employee of the Village in his or her individual capacity, and neither the members of the Village Council nor any officer, agent or employee of the Village executing the Bonds shall be liable personally on the Bonds: or be subject to any personal liability or accountability by reason of the issuance thereof. SECTION 17. EVENTS OF DEFAULT. Each of the following events is hereby declared an "event of default": (a) payment of the principal of or amortization installments of any of the Bonds shall not be made when the same shall become due and payable; or M1070212_2 13 (b) payment of any installment of interest on any of the Bonds shall not be made when the same shall become due and payable; or (c) -the Village shall default in the due and punctual performance of any covenant, condition, agreement or provision contained in the Bonds or in this Resolution (except for a default described in subsection (a) or (b) of this Section) on the part of the Village to be performed; and such default,shall continue for sixty (60) days after written notice specifying such default and requiring same to be remedied shall have been givento the Village by any Owner of any Bond; pr'ovid'ed -that it shall not constitute an event of default if the default is not one that can be cured within:=.such sixty (60) days, as, agreed by the Bondholders and the Village, and the Village commences within such sixty (60) days and ; in the sole judgment of file Bondholders, is proceeding diligently with action to correct such default; or "(d) any proceedingshail beinstituted with or.without the consent of the Village under federal bankruptcy laws or other federal or state laws affecting creditors' rights or any proceeding shall otherwise be instituted fpr the purpose of effecting a composition between the Village; and, its creditors or for the purpose ofadjustirg the claims of such creditors pursuant toany federal or state statute now or heieaftcr enacted andsany such proceeding shall not have been dismissed with`prej udice,within thirty'(3;0}days after the institution of the' same. 'k Q SECTION 1$. REMEDIES: RIGHTS OF BONDHOLDER& kjponthe .occurrence and continuance of any event of default specified in Section 17 hereof, the Owners of the Bonds may CI pursue any available remedy by suit, at law or w equity to enforce the payment:of the principal of and interest on the Bonds then outstanding. No delay or omission to exercise anyright or power accruing upon: any default or event of default shall impair any such right or Power orshall be construed to be waiver of any such default or event of default or acquiescence therein;• and every such right and power may be exercised from time to time and as often as may be deemed expedient No waiver of any event of default hereunder shall extend to or shall affectany subsequent'eventofdefaultor shall impair anyrights or remedies consequent thereon The Village agrees, to the extent permitted by law, to indemnify the Bank and its directors, officers, employees and agents from and against any losses, claims, damages, liabilities and expenses (including, without limitation, counsel fees and expenses) which may be incurred in connection with enforcement of the provisions of this. Resolution and the Bonds. SECTION 19. DEFEASANCE. (a) The covenants, liens and pledges entered into, created or imposed pursuant to this Resolution maybe fully discharged and satisfied with respect to the Bonds in any one or more of the following ways. M1070222_2 14 (I) by paying the principal of, prepayment premium, if any, and interest on the Bonds when the same shall become due and payable; or (ii) by depositing with an escrow agent certain moneys irrevocably pledged to the payment of the Bonds, which together with other moneys lawfully available therefor, if any, shall be sufficient at the time of such deposit with the escrow agent to pay when due the principal, prepayment premium, if any, and interest due and to become due on said Bonds on or prior to the prepayment date or maturity date thereof; or (iii) by depositing with an escrow agent moneys irrevocably pledged to the payment of the Bonds, which together with other moneys lawfully available therefor, when invested by the escrow agent in direct obligations of the United States of America which shall not be subject to redemption prior to their maturity other than at the option of the holder thereof, will provide moneys which shall be sufficient (as evidenced by a verification report of an independent certified public accountant or firm of accountants) to pay when due the principal, prepayment premium, if any, and interest due and to become due on said Bonds on or prior to the prepayment date or maturity date thereof. Upon such payment or deposit with an escrow agent in the amount and manner provided in this Section 19, the Bonds shall be deemed to be paid and shall no longer be deemed to be Outstanding for the purposes of this Resolution and the covenants of the Village hereunder and all -liability of the Village with respect to said Bonds shall cease, terminate and be completely discharged and extinguished and the holders thereof shall be entitled to payment solely out of the moneys or securities so deposited with the escrow agent; provided, however, that (I) if any Bonds are to be redeemed prior to the maturity thereof, notice of the redemption thereof shall have been duly given in accordance with the provisions of Section 2 hereof and (ii) in the event that any Bonds are not by their terms subject to redemption with the next succeeding sixty (60) days following a deposit of moneys with the escrow agent in accordance with this Section, the Village shall have given the escrow agent in form satisfactory to it irrevocable instructions to mail to the Owners of such Bonds at their addresses as they appear on the registration books of the Village, a notice stating that a deposit in accordance with this Section has been made with the escrow agent and that the Bonds are deemed to have been paid in accordance with this Section and stating such maturity or redemption date upon which moneys are to be available for the payment of the principal of, premium, if any, and interest on said Bonds. (b) Notwithstanding the foregoing, all references to the discharge and satisfaction of Bonds shall include' the discharge and satisfaction of any portion of the Bonds. (c) If any portion of the moneys deposited with an escrow agent for the payment of the principal of, redemption premium, if any, and interest on any portion of the Bonds is not required for such purpose, the escrow agent shall transfer to the Village the amount of such excess and the Village may use the amount of such excess free and clear of any trust, lien, security interest, pledge or assignment securing said Bonds or otherwise existing under this Resolution. M1070212_2 15 (d) Notwithstanding any of the foregoing, the requirements of Section 12 and 14 hereof relating to use and investment of proceeds and rebate, amounts due to the United States pursuant to the Rebate Covenants shall survive the payment of principal and interest with respect to the Bonds or any portion thereof SECTION20. SALE OF BONDS. Based upon the uncertainty of the interest rate environment if sale of the Bonds is delayed, the Village hereby determines the necessity for a negotiated sale of the Bonds.The Village has been provided all applicable disclosure information required by Section 218385, Florida Statutes. The negotiated sale of the Bonds is hereby approved to the Bank at a purchase price of par. SECTION 21, AUTHORITY OF OFFICERS_ The Mayor, the Vice Mayor, any member of the Council, the Village, Manager, the Village Clerk, the Finance Director and any other proper official of- the Village, are and each of them is hereby authorized and directed to execute and deliver any and all documents and ;instruments, and to do and cause to be done any and.all acts and things necessarytor proper for carrying out the transaction contemplated by this,Resolution and the other documents identified herein.' SECTION22. SEVERABILITY. In case any one or more of the provisions of this Resolution or of any Bonds issued hereunder shall for any reason be held to be illegal or invalid, such illegality or invalidity shall not affect any other provision of this Resolution or of the Bonds, but this Resolution and the Bonds shall be construed and enforced as if such illegal or invalid provision had not been contained therein. The Bonds are issued and this Resolution is adopted with the intent that the laws of the State shall govern their construction., SECTION 23. PAYMENTS DUE ON SATURDAYS. SUNDAYS AND HOLIDAYS. In any case where the date of maturity of interest on or principal,of the Bonds shall be a Saturday, Sunday or a day on which the banks in the State are required, or authorized or not prohibited, by Iaw (including` executive orders) to close and are closed, then payment of such interest or principal need not be made by the Village on such date but may be made on the next succeeding:business day on which the banks in the State are open for business. SECTION 24. OPEN MEETING FINDINGS. It is hereby found and determined that all official acts of the Village Council concerning and relating to the adoption of this Resolution and all prior resolutions affecting the Village Council's ability to issue the Bonds were taken in an open meeting oft he Village Council and that all deliberations of the Village Council or any of its committees that resulted in such official actswere in meetings open to the public, in compliance with all legal requirements, including Section 286.011, Florida Statutes. SECTION 25. REPEALING CLAUSE. All resolutions or orders and parts thereof in conflict herewith, to the extent of such conflicts, are hereby superseded and repealed. /LDS (�-- MAYOR ROBERT OLDAKOWSKI SECTION 26. EFFECTIVE DATE. This Resolution shall take effect immediately upon its passage and adoption. PASSED AND ADOPTED this 26th day of November, 2002. ITA H. ALVAREZ, CMC, VILLAGE CL APPROVED AS TO LEGAL FORM AND SUFFICIE hih RICHARD JAY WEISS, VILLAGE ATTORNEY M1070212 2 17 No. R - Registered Owner: EXHIBIT "A" UNITED STATES OF AMERICA STATE OF FLORIDA VILLAGE OF KEY BISCAYNE CAPITAL IMPROVEMENT REVENUE BONDS SERIES 2002 Principal Amount: The lesser of (I) $9,987,551 or (ii) the Advances made under the Resolution (as hereinafter defined) KNOW ALL MEN BY THESE PRESENTS, that the Village of Key Biscayne, Florida (the "Village"), for value received, hereby promises to pay to the Registered Owner shown above, or registered assigns (the "Bank"), from the sources hereinafter mentioned, the Principal Amount specified above or so much thereof as has been advanced and is outstanding Subject to the rights of prior prepayment and redemption described in the Bond, the Bond shall mature on November 1, 2022. Payments due hereunder shall be made no later than 2:00 pa on the date due, freeand clear of any defenses, set -offs, counterclaims or withholding or deductions for taxes. This Bond is issued under authority of and in full compliance with the Constitution and laws of the State of Florida, including particularly Part 11 of Chapter 166, Florida Statutes, as amended, the Charter of the Village, Ordinance No. 2002-11 duly adopted by the Village Council of the Village on October 22, 2002 (the "Ordinance") and Resolution No. 2002- adopted on November 26, 2002 (the "Resolution", and collectively with the Ordinance, the "Bond Ordinance"), and is subject to the terms of said Bond Ordinance. This Bond is issued for the, purpose of financing a portion of the costs of construction and equipping of a community center, including a parking garage and swimming pool, financing architectural, engineering, environmental, legal and other planning costs related thereto, and paying costs of issuance of the Bonds. This Bond shall be payable only from the sources identified herein. Subject to adjustment as provided below, this Bond shall bear interest on the outstanding principal balance from its date of issuance payable quarterly on the first day of each February, May, August and November (the "Interest Payment Dates"), commencing February 1, 2003, at an interest rate equal to 3.59% per annum to but not including November 1, 2012. Commencing on November M1070212_2 1 1, 2012 through the maturity date of the Bonds (the "Second Interest Rate Period"), the interest rate shall be adjusted to a rate equal to (A) the ten-year Federal Reserve interest rate swap rate (the "Index Rate"), plus 110 basis points, divided by (B) 1.5054 (such divisor, however, being subject to adjustment if any oftheevents specified below, providing for adjustments to interest rates, occurs, so as to provide the Owners of the Bonds the same after-tax yield they would otherwise have had in the absence of such occurrence) (the "New Interest Rate"). The "Index Rate" is currently published at the website: http://federalreserve.gov/releases/h15/update. Interest on this Bond shall be computed on the basis of a 360 -day year based on twelve 30 - day months. Adjustment of Interest Rate For Full Taxability. In the event a Determination of Taxability shall have occurred during the Initial Interest Rate Period, the rate of interest on the Bonds shall be increased to orate per annum equal to 5.5286%, and in the event a Determination of Taxability shall have occurred duringthe Second Interest Rate Period, the rate of interest on the Bonds shall be increased to a rate per annum equal to the New Interest Rate times 1.54 (the "Taxable Rate"), effective retroactively to the date on which the interest payable on the Bonds is includable for federal income tax purposes in the gross income of the Owners thereof. In addition, the Owners of the Bonds or any former Owners of the Bonds, as appropriate, shall be paid an amount equal to any additions to tax, interest and penalties, and any arrears in interest that are required to be paid to the United States by the Owners or former Owners of the Bonds as a result of such Determination of Taxability. All such additional interest, additions to tax, penalties and interest shall be paid by the Village on the next succeeding Interest Payment Date following the Determination of Taxability. A "Deteiuiination of Taxability" shall mean (I) the issuance by the Internal Revenue Service of a statutory notice of deficiency or other written notification which holds in effect that the interest payable on the Bonds is includable for federal income tax purposes in the gross income of the " Owners thereof, which notice or notification is not contested with the Internal Revenue Service by either the Village or any Owners of the Bonds, or (ii) a determination by a court of competent jurisdiction that the interest payable on the Bonds is includablefor federal income tax purposes in the gross income of the Owners thereof, which determination either is final and non -appealable or is not appealed within the requisite time period for appeal, or (iii) the admission in writing by the Village to the effect that interest on Bonds is includable for federal income tax purposes in the gross income of the Owners thereof, or (iv) receipt by the Village of an opinion of bond counsel to the Village to the effect that interest on the Bonds is includable for federal income tax purpose in the ross income of the Owners thereof. Adjustment 'ofInterest Rate for Partial Taxability. In the event that interest on the Bonds during any period becomes partially taxable as a result of a Determination of Taxability applicable to less than all of the Bonds, then the interest rate on the Bonds shall be increased during such period by an amount equal to: (A -B) x C where: (a) A equals the Taxable Rate (expressed as a percentage); M1070212_2 B equals the interest rate on. the Bonds (expressed as a percentage); and C equals the portion of the Bonds the interest on which has become taxable as the: result of such tax change (expressedas a decimal). In addition, the Owners of the; Bonds or any former Owners of the Bonds, as appropriate, shall be paid an amount equal to any additions to:tax, interest and penalties, and any arrears in interest that are required to be paid to the United States by the Owners or former Owners of the Bonds as a result ofsuch" Determination of Taxability. All such additional rnterest, addations to tax, penalties and interest shall be paid by the Village on the next succeeding Interest „Payment Date following the Detenntnation of Taxability. Adjustment of Interest Rate for Change in Maximum Corporate Tax Rate. In the event that the maximum of eotive federal corporate tax rate (the "Maximum Corporate Tax Rate") during any period with respect to which interest shall be accruing on. the Bonds on a tax-exempt basis, shall be other than thirty-five percent (35°4), the interest rate on the Bonds that are bearing interest on a tax- exempt-4Dasis shall be adjusted. to the product obtained by multiplying the,interest rate then in effect on the Bonds by a fraction equal -to (1-A,divided by 1-B), where A equals the Maximum Corporate Tax Rate in effect asof the date of adjustment and B equals the Maximum Corporate Tax Rate in effect immediately pnor to the date of adjustment Adjustment of Interest Rate for Other Changes Affecting After -Tax Yield. So long as any portion of the principal amount of the Bonds or interest thereon remains unpaid. (a) if any law, rule, regulation or executiveorder, is enacted or promulgated by any public body or.governmental agency which changes the basis of taxation of interest on the Bonds or causes areduction in; yield on the Bonds (other than by reason of a change described above) to the Owners, or any former Owners of the Bonds, including without limitation imposition of any excise tax or surcharge thereon, or (b) if, as a result of action by any pubic body or governmental agency,; anypaynient is required to be made by, or any federal, State, or local income tax deduction is decried to„the Owners or, any former Owners of the Bonds (other than by reason, of a change described above for by reason of any action or failure to act on` the part of any Owner or any former Owner (of the Bonds) by reason of the ownership of the Bonds, the Village shall reimburse any suchOwner within five (5) days after receipt by the Village of written demand for such payment, and the yillageagrees .to indemnify each such Owner against any loss, cost, charge or expense with respect tp any such change: The determination of the after-tax yield calculation shall be verifed,by a firm of,certified,public accountants regularly employed by the Bank (or the current Owner of the Bonds) and acceptable to the Village, and such calculation, in the absence of manifest error, shallbebinding on the Village and the., Owners: The principal of this Bond shall be subject to mandatory prepayment in quarterly installments on each Interest Payment Date, commencing August 1, 2004 (each a "Scheduled Due Date"). The schedule of principal and interest payments due on each Schedalpd Due Date shall be determined on May 1, 2004, after the last Advance (as defined in Section 10(e).ofthe Resolution) has been made M1070212_2 3 0 0 in accordance with Section' 10(a) of the Resolution. The schedule shall be detennined based on an eighteen and one-half (18.5) year amortization schedule of substantially level payment of principal and interest, with payments of principal and interest sufficient to fully amortize so much of the principal amount of the Bonds as has been Advanced hereunder, with the final payment due and payable on November 1, 2022. In the event that there is more than one Owner of the Bonds, (I) the Village shall determine the amount of each Bond to be redeemed, and (ii). the Village shall give notice to each Owner of the Bonds at least three (3) days prior to the date of mandatory redemption of the amountof each Bond to be redeemed. The principal- of and interest on this Bond are payable in lawful' money of the United States of America by wire transfer or by certified check delivered on or prior to the date due to the registered Owner o r h is 1 egal representative a t the address oft he 0 wner as it appears on the registration books of the Village. This Bond is subject to optional prepayment, upon thirty (30) days written notice to the Owners of the Bonds, in whole or in part at any time at par, plus accrued interest to the date of prepayment. The Village has covenanted and agreed in the Bond Ordinance to appropriate in its annual budget, by amendment, if necessary, from Non -Ad Valorem Revenues (as defined below) lawfully available in each, fiscal year, amounts sufficient to pay the principal and interest due on the Bonds in accordance with their terms during such fiscal year. "Non -Ad Valorem Revenues" means all revenues of the Village derived from any source other than ad valorem taxation on real or personal property which are legally available to make the payments required under the Bond Ordinance, other than (1) Public Service Taxes authorized by Part Ill, Chapter 166, Florida Statutes, and received by the Village pursuant to Section 25-50 et seq. of the Village Code and (u) Stormwater Utility Fees as defined by Section 403.0893(3), Florida Statutes, and imposed pursuant to Ordinance No. 93-11 adopted by the Village Council on June 22, 1993 (as amended by Ordinance No. 93-11-A); but only after provision has been made by the Village for the payment of all essential or legally mandated services not otherwise provided for by ad valorem taxes. Such covenant and agreement on the part of the Village to budget and appropriate such amounts of Non -Ad Valorem Revenues shall be cumulative to the extent not paid, and shall continue until such Non -Ad Valorem Revenues or other legally` available funds in amounts sufficient to make all such, required payments shall have been budgeted, appropriated and actually paid Notwithstanding the foregoing covenant of the Village, the Village does not covenant to maintain any services or programs, now provided or maintained by the Village, which generate Non -Ad Valorem Revenues. Such covenant to budget and appropriate does not create any lien upon or pledge of such Non -Ad Valorem Revenues, nor does it preclude the Village from pledging in the future its Non -Ad Valorem Revenues, nor does it require the Village to levy and collect any particular Non -Ad Valorem Revenues, nor does it give the Bondholders a prior claim on the Non -Ad Valorem Revenues as opposed to claims of general creditors of the Village. Such covenant to appropriate Non -Ad Valorem: Revenues is subject in all respects to the M1070212_2 4 payment of obligations secured by a pledge of such Non -Ad Valorem Revenues heretofore or hereinafter entered into (including the payment of debt service on bonds and other debt instrurnents). However, the covenant to budget and appropriate in its general annual budget for the purposes and in the manner stated rn the Bond'Ordinanee shall have the effect of making available in the manner described herein Non -Ad Valorem Revenues and placing on the Village appositive duty, to appropriate.and budget, by amendment; if necessary, amounts sufficient to meet its obligations under the BendOrdinance, subjdbt,.however, in ail -respects to the terms of the Bond.Ordinanee and the restrictions of Section 166.241(3), Florida Statutes, which provides;, in part, ,that the governing body of eachginunicipality make ;appropriations- for.eaeh fiscal year which, in; any, one year, shall not exceed the amount. to be received from taxation or other revenue sources, and subject further.,, to the payment of services and programs which are for essential publicpurposes affecting the health, wel#areand ttetybfithe inhabbitants »f the Pillage or which arelegally tnandated,,by applicable law. THIS BOND SHALL NOT ;BB DEEMED TO CONSTITUTE AN INDEB1 EDNESS.OF THE VILLAGE OR API .FDGE OF THE FATTI AND CREDIT OF THE VILLAGE, ,BIJT SHALL BE PAYABLE EXCLUSIVELY FROM LEGALLY AVAILABLE NON -AD VALOREM REVENJJES OF THE'VILI AGE.;THE ISSUANCE OF THIS BONDaSRIALLNOT DIRECTLY OR INDI12EUI EY [OR CONTINGEN;1;LY OBLIGATE THE VILLAGE ?,O LEVY OR TO PJ .FDGE ANY FORM OF TAXATION WHATEVER THEREFOR NOR SI ALL.THIS BOND CONSTITUTE A CHARGE, LIEN, OR ENCUMBRANCE, LEGAL OR EQUITABLE, UPON ANY PROPERTY OI'''TIIE VILLAGE AND THE HOLDER OF "l HHIS BONDASHALTi.,HAVE NO RECOURSE TO THE POWER OF -TAXATION: o The' originali`registered Owner, and eachsuccessive registered Owner of this Bond shall be conclusi ly deemedto have, agreed and consented to the following terms and. conditions: 1. to The, Village shall keep books for the registration of Bonds and for the registration of transfers of Bonds as provided in the Resolution. Bonds may be transferred or.exchanged upon the registration books kept by the Village, upon delivery to the Village, together with: writtemiiistructions as to the details of the transfer or exchange, of such Bonds inform satsfactoryto the Village and witltguaranty of signatures satisfactory to the Village, along -With Me social security number or federal, employer identification number of any transferee, and; if, the transferee is a trust, the name and social securiity or federal tax identification numbers of the settlor and beneficiaries of the;trust, the date of the trust and the name of, the trustee. The Bonds may be exchangerfor Bonds of the same principal amount and niaturityand denominations in integral multiples of $250,000,Iexeept that an odd lot is peinritted to complete the outstanding principal balance), No transfer or excchange of any Bond shall"be effective until entered >on,the registration books maintained by the Village. 2: The Village may deem and treat the personin;whose name any Bond shall be registered uponthe books of the Village as the absolute, Owner of such Bond, whether such Bond shall be overdue or not, for the purpose of receiving payment of, or on account of, the principal of andinterest on such Bond as they become due, and for all other purposes. All M1070212_2 5 0 such payments so made to any such Owner or upon his order shall be valid and effectual to satisfy and discharge the liability upon such Bond to the extent of the sum or sums so paid. 3. In all cases in which the privilege of exchanging Bonds or transferring Bonds is exercised, the Village shall execute and deliver Bonds in accordance with the provisions of the Resolution. There shall be no charge for any such exchange or transfer of Bonds, but the Village may require payment of a sum sufficient to pay any tax, fee or other governmental charge required to be paid with respect to, such exchange or transfer. The Village shall not be required to transfer or exchange Bonds for a period of fifteen (15) days next preceding an interest paymentdate on such Bonds. 4. All Bonds, the principal and interest of which has been paid, either at or prior to maturity, shall be delivered to the Village when such payment is made, and shall thereupon be cancelled. In case part, but not all of an outstanding Bond shall be prepaid, such Bond shall not be surrendered in exchange for a new Bond. It is hereby certified and recited that all acts, conditions and things required to happen, to exist and to be performed precedent to and for the issuance of this Bond have happened, do exist and have been performed in due time, form and manner as required by the Constitution and the laws of the State of Florida applicable thereto. IN WITNESS. WHEREOF, the Village of Key Biscayne, Florida has caused this Bond to be executed by the manual or facsimile signature of its Mayor and of its Village Clerk, and the Seal of the Village of Key Biscayne, Florida or a facsimile thereof to be affixed hereto or imprinted or reproduced hereon, all as of the day of , 2002. VILLAGE OF KEY BISCAYNE, FLORIDA Mayor Village Clerk (SEAL) M1070212_2 6 ASSIGNMENT FOR VALUE RECEIVED, the undersigned (the "Transferor"); hereby sells, assigns and transfers unto (Please insert name and Social Security or Federal Employer identification number of assignee) the within Bond and ' all "rights thereunder, and hereby irrevocably constitutes and appoints (the "Transferee') ') as attorney to register the transfer of the within Bond on the books., kept for registration thereof, with full power of substitution in the premises. Date Signature Guaranteed: NOTICE: Signature(s) must be guaranteed by a member firm of the New York Stock Exchange or a commercial bank or a trust company Social Security Number ofAssignee NOTICE: No transfer will b e registered a nd n o new B and w ill b e issued in t he n ame o f t he Transferee, unless the signature(s) tothis assignment corresponds with the name as it appears upon the face of the within Bond in every particular, without alteration or enlargementor any change whatever and the Social Security or Federal Employer Identification Number of the Transferee is supplied. The following abbreviations, when used in the inscription on the face of the within Bond, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM.- as tenants in common UNIT GIF MIN ACT - (Cust.) TEN ENT - as tenants by the entirety ST TEN - as joint tenants with right of survivorship and not as tenants in common Custodian for (Minor) under Uniform Gifts to Minors Act of (State) Additional abbreviations may also be used though not in the list above. M1.070212_2 7 0 RESOLUTION NO: 2002-47a A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; APPROVING OPTION "2" AS INDICATED IN THE ATTACHED PLANS SHOWING THE LOCATION OF A BUS SHELTER; DIRECTING THAT ARCHITECTURAL AND ENGINEERING PLANS BE COMPLETED AND THAT THE PROJECT BE PUT OUT TO BID; PROVIDING, FOR AN EFFECTIVE DATE. WHEREAS, the Village Council has directed that plans showing the location of a bus shelter be prepared near the vicinity of the northern limits of the Village; and WHEREAS, Edward Muhina, architect for the project, has infouued staff that locating the bus shelter outside of the Village limits is not practical due to the location of mature trees, utilities, and the extended walking distance; and WHEREAS, two options ("I" and "2") for sitiing a bus shelter have been prepared showing the location of a bus shelter at the approximate location of the current bus stop along with a typical elevation. 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 directed to cause the preparation of architectural and engineering plans for a bus shelter as sited and designed in the attached plans prepared by Eduardo H. Muhna and labeled as Option "2". Section 2. The Village Manager is directed to obtain bids for the construction of a bus shelter as set forth in paragraph (1) above. Section 3. The Village Council shall review the bids and consider the award of a construction contract. Section 4. That the Village Manager and Village Attorney are hereby directed to implement this Resolution. Section 5> This resolution shall take effect immediately upon adoption. PASSED AN17 ADOPTED this 22nd day of October , 2002. < CHITA H. ALVAREZ, CMC, VILLAGE APPROVED AS TO FORM AND LEGAL SUF 1 VILLAGE ATTORNEY MAYOR:JOE1. RASCO RESOLUTION NO. 2002-47 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, CONCERNING CIVIC CENTER PROJECT (THE "PROJECT"); APPROVING AMENDMENT TO AGREEMENT BETWEEN OWNER AND CONSTRUCTION MANAGER (THE ""AMENDMENT TO AGREEMENT") BETWEEN THE VILLAGE OF KEY BISCAYNE (THE "VILLAGE") AND JAMES A. CUMMINGS, INC. (THE "CONSTRUCTION MANAGER") TO PROVIDE FOR THE CONSTRUCTION OF THE VILLAGE OF KEY BISCAYNE COMMUNITY CENTER (THE "COMMUNITY CENTER"); APPROVING ARCHITECT'S CONSTRUCTION PLANS FOR COMMUNITY CENTER; APPROVING GUARANTEED MAXIMUM PRICE (THE "GMP") FOR COMMUNITY CENTER; AUTHORIZING ADDITIONAL WORK ITEMS FOR COMMUNITY CENTER, INCLUDING TELEPHONE SYSTEM AND TELEPHONES, FPL, DATA CABLING AND SYSTEMS; ` PROVIDING FOR ENHANCEMENT OF LANDSCAPING AT CIVIC CENTER SITE; AUTHORIZING EXECUTION OF AMENDMENT TO AGREEMENT; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR EFFECTIVE DATE. WHEREAS, the Village of Key Biscayne (the "Village") has previously entered into an Agreement Between Owner and Construction Manager (the "Agreement") with James A. Cummings, Inc. (the "Construction Manager"), concerning construction of the Village Community Center, Village Fire Station, Police Station and Administrative Office of the Village; and WHEREAS, the Construction Manager has completed or is presently engaged in completing construction of the Village Fire Station, Police Station, and Administrative Office of the Village; and WHEREAS, in order to provide for the installation of mature landscaping for the overall Civic Center Site, as part of the previously approved Site and Site Infrastructure Work, it is necessary to increase the landscaping budget by $106,017.00 of additional authorized expenditures; WHEREAS; the Village Council now desires to proceed with the construction of the Community Center; an WHEREAS, the Construction Manager has provided a guaranteed maximum price (the "GMP") for the Community Center, which is based upon the construction plans (the "Plans") prepared by Robert G. Currie Partnership, Inc. (the "Architect"); as referred to in the GMP; and WHEREAS, the Village Council, pursuant to Resolution No. 2002-31, has previously approved the siteplan for the Community Center; and WHEREAS, on October 22; 2002, the Village Council has enacted Ordinance No. 2002-10, as the CapitalProjeot Authorizing Ordinance for the Community Center; and. WHEREAS, the Village Council finds that the GMP is acceptable, and that approval of the Amendment to Agreement is in the best interest of the Village; and, WHEREAS, the Village Council desires to authorize necessary additional work items to be accomplished by the Village directly, through other contractors and providers, rather than through the Construction Manager, consisting of telephone systems and telephones, FPL, data cabling and systems. 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. Amendment To Agreement Approved. That the Amendment to Agreement between Village and Construction Manager, in substantially the form attached hereto, is hereby approved, and the Village Manager and Village Clerk are hereby authorized, in their respective Section 3. capacities, to execute the Amendment to Agreement on behalf of the Village, once approved as to legal form and sufficiency by the Village Attorney. Community Center Plans Approved. That the Plans prepared by the Architect, a copy of which are on file in the Office of the Village Clerk, are hereby approved. Section 4. Community Center GMP Approved. That the GMP, in the amount of $9,818,670.00 as provided by the report of the Construction Manager, dated October 17, 2002, a copy of which is on file in the Office of the Village Clerk, is hereby accepted and approved. Section 5. Additional Work Items for Community Center. That the Village shall directly arrange, through other contractors and providers, for the installation of telephone systems and telephones, FPL, data cabling and systems, as necessary for the Community Center facility, in the total amount of $154,241.00. Section 6. Enhancement of Landscaping. That the landscaping budget for the previously authorized Site and Site Infrastructure Work for the Civic Center Site is hereby increased by $106,017.00. Section 7. Implementation. That the Village Manager is hereby authorized to take all action necessary to implement the Amendment to Agreement and this Resolution, and is directed to proceed with all necessary actions to construct the Community Center. Section 8. Effective Date. That this Resolution shall be effective immediately upon adoption hereof. PASSED AND ADOPTED this 22nd day of October, 2002. MAYOR JOE L RASCO CONCUIITA H. ALVAREZ, CMC,,VILLAGE CLE APPROVED AS TO FORM AND LEGAL SUFFIC VILLAGE A. 1030011 resolutions \constructio of,..mmunity center AMENDMENT TO AGREEMENT BETWEEN OWNER AND CONSTRUCTION MANAGER PROJECT NO.: PROJECT NAME AND LOCATION: VKB-98069000 Village Community Center (Recreation Center) Village Fire Station, Police Station, and Administrative Office of the Village of Key Biscayne, Florida (the "Project") AMENDMENT NUMBER #5 (Community Center GIMP of$9,818;670:00)' THIS AMENDMENT made this 22nd day of October in the year Two Thousand and Two By and between the Village of Key Biscayne, Florida, a Florida municipality, (the "Owner") and James A. Cummings, Inc. a Florida Corporation 3575 Northwest 53rd Street Ft. Lauderdale, FL 33309 Phone: (954)733-4211, Fax (954)485-9688, Federal Tax ID. Number: 59-2098732, (the "Construction Manager"). WHEREAS, the Owner (as ,a direct signatory and through its former agent, the Department of Management Services of the State of Florida (the 'DMS")) has previously entered into the Agreement between the Owner and Construction Manager; and WHEREAS, the Agreement has previously been revised by Amendment nos. 1, 2, 3 and 4; and WHEREAS, it is now necessary to revise the Agreement to: commence the construction of the Community Center, and to provide the guaranteed maximum price (the "GMP") for the Community Center; to provide for enhanced landscaping for the Village Civic Center Site and Site Infrastructure Work (Phase 1, 2, 3 and 5) which was previously approved; and to delete references to DMS as agent for the Owner, as to the Community Center 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 o. proceed with the construction of the Community Center; revise the GMP for the Project by including the Community: Center; 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 revised Guaranteed Maximum Price (GMP), including the GMP for construction of the Community Center, and 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 $23,070,993.00 (which includes the $9,818.670:00 GMP for the Community Center) (2) Drawings and Other Supporting Documents — in addition to the drawings, specifications and other supporting documents tentified in previous amendments (No. 1, 2, 3 and 4) to the Agreement, the Guaranteed Maximum Price (GMP) for construction of the Project, is- based upon the following,drawings and other supporting documents, a. GMP proposal, dated October 17,2002, from James A. Cummings, Ine, which is attached hereto as Exhibit "A." b Drawings entitled "Village of Key Biscayne Recreation Center' prepared by Robert -G: Currie Partnership, Inc:, as listed inExhibit "A." c. The revised Project Budget which is attached hereto as Exhibit "B." Elimination of Agent — the DMS is hereby eliminated as the agent of the Owner concerning the construction of the Community Center. Owner may subsequently appoint a new construction program representative. Electoral Measures Concerning Community Center - That in the event that: a A referendum measure is adopted at an election by the majority of electors of the Village voting on such measure, which operates to repeal the Village's October 22, 2002, borrowing ordnance (Ordinance No.. 2002-11) which provides funding for the construction and equipping of the Community Center; or b. A referendum or initiative measure is adopted, at an election by the majority of the electors of the Village voting on such measure, which repeals. the Village's October 22, 2002, Community Center Capital Project Authorizing Ordinance (Ordinance No. 2002-10) or otherwise operates toprohibit the construction of the Community Center in accordance with the previously approved site plan; the Village Council shall have the authority, within 30 days after any such event, to terminate the Agreement, as such Agreement pertains to the Community Center, by providing written notice of termination to the. Construction Manager. In the event of such termination, the Village shall not be liable to Construction Manager for payment of any supplemental compensation, penalties, damages, loss of profits, termination fee or demobilization fee, as a result of such termination, and the Construction Manager shall only be paid by Village in accordance with the Agreement, for the portion of the work for 2 0 0 0 (5) the Community Center which has been performed up to the time of termination of the Agreement Nothing in this paragraph shall relieve Construction Manager of the responsibility to complete all work remaining to be done pursuant to the Agreement for work which is not part of the Community Center component of the Civic Center Project, nor shall it relieve the Village from the responsibility to pay for such remaining work in accordance with the Agreement. 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 Deletion of the services of the DMS for the Community Center component of the Proj ect; b_ Establishment of the GMP for the Community Center in the amount of $9,818,670.00; and establishment of the revised GMP for the Project (including the Community Center) of $23,070.993.00. c. Amend Sec. 8.1.2 of the Agreement by including the following: 8.1.2 Construction Phase Fee (Community Center) -prior to conunencement of the Construction Phase, the Owner will direct the Construction Manager in writing to proceed into the Construction Phase. The Construction Manager's compensation for work or services performed during the Construction Phase shall be a fee of $564,455.00 (However, the Owner retains the right to review the need and effectiveness of any employee or employees assigned by the Construction Manager, should the Project Director question the need for the employee or employees). The Construction Phase Fee shall be invoiced and paid in 13 monthly payments of $40,300.00 each and 1 final monthly payment of $40,555:00. The first monthly payment shall become due thirty days following the issuance of the first Construction Authorization by the Project Director and the final monthly' payment shall be paid only when construction of the Community Center portion of the project is finally completed and occupancy is accepted by the Owner. If construction is authorized only for a part of the Community' Center, the fee paid" shall be proportionate to the amount of work authorized by the Owner. (1)(a) Adjustments in Fee (Community Center) — for changes in the Community Center portion of the project as provided in Article 10, the construction phase fee shall be adjusted as follows: (i) The Construction Manger shall be paid an additional fee subject to negotiation if the Construction Manager is placed in charge of reconstruction of an insured or uninsured loss excluding any condition that may have been caused from negligent acts by the Construction Manager. 3 (ii) Should the duration of' the construction stipulated herein for Final Completion extend beyond 14 months after the Notice -To -Proceed, receipt of final drawings, and specifications, or receipt of all necessary permits, whichever is later, due.; to no fault of the Construction Manager, the Construction Manager's Additional ConstructionPhase Fee will be $1,833.00 per working day, for each day or portion, thereof. The Construction Manager's staff during such time extensions shall be that shown in Exhibit H. (iii)The Construction Manager=will not be due any additional Overhead and Profit on increases in the Guaranteed Maximum Price (GMP) that do not exceed, $285,000.00 Should 3theGI%W be increased by;. more than $285.000.00 under the terms of Article 10 hereinafter due to no fault of' the Construction Manager, the Construction Manager's additional Overhead and ,,Profit for the Construction Phase will he 4.5% of that portion, of the,accuinulaiive increases in the GMT' that exceed the GMP by more than $285 000.00. Construction Manager's Exclusive Remedy:: In ,the event the construction Substantial or Final Completion date is extended, regardless of whether delay is caused byany actor neglect of the. Owner, or the. Architect -Engineer; or is attributable, to the Owner er. the ArchitectEngineer, the Construction Manager's; sole and exclusive remedy is an extension of the construction completion, date and payment of additional Construction Phase fees and Overhead , -and Profit for Construction Phase asaprovldedi above. d. Enhancement of the landscaping component of the Site and •Site Infrastructure Work (Phase 1, 2, 3 and 5) in,the amount ef an additional,$106;017.0O. (6) Effect 0» Agreement - ,except as provided above, the articles and exhibits of the Agreement which.are not affected by the amendments provided for herein shall remain in full force and effect.: IN WITNESS WHEREOF,; the parties have executed this Amendment the day and year first written above. Attest: By: Valk.; Corporate Secretary JAMES A. CUMM.INGS, INC. William R. Derrer, Corporate President James A. Cummings, Inc. 4 0 By: Village Attorney By �✓1 /054 TT�Jj ce`ii a (print name) VILLAGE OF KEY BISCAYNE Village Clerk Approved as to form and legal sufficiency: / -1/7.-4 o agre 10300flagreements\amend between owner and construction manager October 17, 2002 James A. Cummings, Inc. 3575 Northwest 53rd Street Fort Lauderdale, FL 33309 Phone: 954-733-4211 Fax: 954-485-96B8 Website: www.jamesecu mmings.cam Village of Key Biscayne 85 West Mclntyre Street Key Biscayne, Florida 33149 Attn: Ms. Jackie Menendez, Village Manager Re: Village Of Key Biscayne Recreation Center Guaranteed Maximum Price Proposal Dear Ms. Menendez, Our Guaranteed Maximum Price Proposal for the Village Of Key Biscayne Recreation Center is $9,818,670.00 Enclosed herewith please find the Guaranteed Maximum Price Proposal, including the General Conditions. and'the Construction Manager's Fee; the Qualifications and Clarifications; the List of Documents upon which this Fstimate is based and the proposed Schedule. Very truly yours, JAMES A. CUMMINGS, INC- JiC�iaelF. Lanciault Senior Vice President CC: Jud Kurlancheek James A. Cummings William R. Derrer Scott Pate Rob Maphis Robert Currie Jose Avila 1 VILLAGL )KEY BISCAYNE FZECREATION CENTER INCLUDING SWIMMING POOL & GARAGE" 1110 VILLAGE OF KEY BISCAYNE RECREATION CENTER ARC' 17EC'I: RODERT C. CURRIE PARTNERSHIP, INC, GMP PROPOSAL DATES OCTOBER 17, 2002 1 GENERAL CONDITIONS" SEE WINDOW 00320 SOIL INVESTIGATION DATA REPORT BY WINGERTER LAB. 0040 01050 FIELD ENGINEERING 1.1.13.2 FINAL PROPERTYSURVEY 01210 OWNER ALLOWANCES 1; VISUAL AID BOARDS (CHALK, MARKER, TACK, ETC.) 2, INTERIOR_SIGNAGE 3.RESIDENTIAL APPLIANCES & EQUIPMENT 4. WINDOW SHADES & TREATMENTS 5. ROCK CLIMBING WALL - DELETED NOT IN CONTRACT 7, MISCELLANEOUS ACCESSORIES 8. ON.SITE LANDSCAPING/SOD/IRRIGATION 9. EXTERIOR-SIGNAGE 10. BUILDING`SECURITY & CCTV WIRED RACEWAY SYSTEM 11. TELEPHONE AND DATA EMPTY RACEWAY SYSTEM 12, SOUND SYSTEM W/ WIRELESS MICROPHONE 13, CLOCK SYSTEM 14,CABLEIITV TELEVISION SYSTEM 15. UPS STAND ALONE UNITS -15 EACH 18, PARKING EQUIPMENT 17,CEILING FANS - . 18: TOWER CLOCKS= 3'EACH NO SYNC CONSTRUCTION PHOTOGRAPHS 01400 QUALITY CONTROL BY OWNER 2 NO SPEC' DEMOLITION, REMOVALS AND RELOCATION SURFACE DEMOLITION ONLY COORDINATION DRAWINGS 3 02220 SITE PREP, EXCAV, & EARTHWORK FOR FOUNDATIONS 1.1.F PROTECT EXISTING WORK TO REMAIN .1 PROTECT TREES & DISPOSE OF ALL REMOVED TREES DRWGS, TREE RELOCATION ,4 ":TRENCH SAFTY - /200210:56 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0. 0 0 0 o 0 0 0 0 0 0 0 0 0 0 0 0 NIC 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0. 6 0 0 0 358,011 0 0 0 2,500 0 0 0 0 3,500 4,000 5,000 7,500 NIC 10,000 75,600 5,000 30,000 20,000 30,000 10,000 20,000 4,500 10,000 2,500 30,000 0 0 0 0 0 0 0 0 19,713 0 0 0 0 JAMES A. CUMMINGS, INC. 0 358,011 0 0 0 2,600 0 0 0 0 3,500 4,000 5,000 7,500 0 10,000 75,000 5,000 30,000 20,000 30,000 10,000 20,000 4,500 10,000 2,500 30,000 0 0 0 0 0 0 0 0 19,713 0 0 0 0 BY OWNER INCLUDED IN GENERAL CONDITIONS INCLUDED IN GENERAL CONDITIONS OWNERS ALLOWANCE OWNERS ALLOWANCE OWNERS ALLOWANCE OWNERS ALLOWANCE DELETED BY OWNER OWNERS ALLOWANCE OWNERS ALLOWANCE OWNERS ALLOWANCE OWNERS ALLOWANCE OWNERS ALLOWANCE OWNERS ALLOWANCE OWNERS ALLOWANCE OWNERS ALLOWANCE OWNERS ALLOWANCE OWNERS ALLOWANCE OWNER$ ALLOWANCE . OWNERS ALLOWANCE INCLUDED IN GENERAL CONDITIONS .NIC- BY OWNER INCLUDED 111 SITE CLEARING INCLUDED IN SITE CLEARING MARKS BROTHERIBONDED INCL /NCI. NIC- BY OWNER INCL TOTAL AREA 75,483 SF 0 350,511 0 0 0 2,500 0 0 0 0 3,500 4,000 5,000 7,500 0 10,000 75,000 5,000 30,000 20,000 30,000 10,000 20,000 4,500 10,000 2,500 30,000 0 0 0 0 0 0 0 0 10,713 0 0 0 0 0,00 0,00 0.00 0,00 0.05 0.07 0.10 0.00 0.13 0.99 0.07 0,40 'f 0,27 0.40 0.13 0.27 0.06- 0;13 0,03 0.40 0.00 0:00 0.00 0,00 0.00 0.00 0,00 0,00 0,28' 0,00 0.00 0.00 0.00 VILLAGE OF KEY BISCAYNE RECREATION CENTER ARCHITECT; ROBERT O. COME PARTNERSHIP, INC. GMP PROPOSAL DATE: OCTOBER 17, 2002 .7 EROSION CONTROL REMOVEAND DISPOSE. OF SURFACE LITTER AND DEBRIS DRWGS, STRIP EXISTING 2' ONLY UNDER NEW BUILDINGS 1.2A FILL MATERIALS 1.3.A.1 IDENTIFY R FLAG EXISTING UTILITIES CLEARING &GRUBBING DRWGS REMOVE EXISTING ASPIIALT & CONCRETE SURFACES .4 PROOFROLL SUBGRADE1N ACCORDANCE WITH SOILS REPORT 1.3.8 SITE FILLING AND COMPACTION. 1.3.0 EXCAVATION AND COMPACTION EXCAVATION FOR STRUCTURES 1.3.0 DEWATERING GROUNDWATER -MAINTAINED 241' BELOW FOUNDATIONS SHEET PILING 1:3.E BACKFILL UNDER 0. AROUND BUILDING AREA DISPOSE 0,B EXCESS. MATERIALS OFF SITE - - 1.3.F SITE GRADING 1:9.6 TESTING BY OWNER + NIC ' 1.3.H.2 HAND OPERATED COMPACTORS. WITHIN 6' OF WALLS SEE EARTHWORK WINDOW 4 NO SPEC ASPHALTIC CONCRETE PAVING SUBGRADE STABILIZATION BASE COURSE LIMEROCK 6 PRIME & TACK COATS ASPHALTIC CONCRETE 1 112" TYPE 3-111 TESTING BY OWNER LAYOUT AND AS-BUILTS PATCH: STREET AT NEW WATER 8. SEWER NO SPEC PORTLAND CEMENT CONCRETE PAVING BASE COURSE 12" STABILIZED' SUB -GRADE CONCRETE- 650 PSI FLEX JOINT SEALER . PREMOLDED EXPANSION JOINT FILLER MAXIMUM DEVIATION or 114" IN 10' SAWCUT CONTRACTION JOINTS TESTING BY OWNER NO SPEC CONC. SIDEWALKS, CURBS & WHEEL STOPS PRECAST CONC. WHEEL STOPS TESTING BY OWNER.' EY BISCAYNE ' ECFEEATION CENTER INCLUDING SWIMMING POOL S GARAGE 11 0 0 0 0 0 0 0 0 0 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 a 0 0 0 0 0 0 0 0. 0 0 0 0 9 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0" 0 0 0 0 0 0 0. 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 405,445 0 0 57,083 0 0 0 0 0 0 0 0 0 0 0 0 o 0 o 0. 0 0 0 0 0. 0 0 0 0 0. 0 0 0 0 O 0 0 0 C:0 - -. -0. O 0 0 0 0 0 0 0 0 - 0 0 0 0 0 0 O/t71200210:56 AM JAMES A. CUMMINGS, INC. 0 0 405,445 0 0 157,003 0 0 0 0 0. 0 0 0 TOTAL AREA.. 75,483 SF INCL 0 INCL 0 INCL 0 INCL 0 'INCL 0 INCL 0 INCL -.. 0 ".INCL INCL MARKS BROTHER/BONDED INCL HJ FOUNDATIONS/ BONDED INCL INCL "INCLUDED IN SITECLEARING -, 'NIC•B6.OWNER' INCLUDED IN SITE -CLEARING INCLUDED IN CONCRETE NONE SHOWN( NONE _INCLUDED` NONE SHOWN( NONEINCLUDED NONE SHOWN! NONE INCLUDED' NONE SHOWN/ NONE INCLUDED NONE SHOWNI NONE INCLUDED NONE SHOWN(NoNE EllowN/ NONE INCLUDED SONE SNOWNt NONE INCLUDED NONE SHOWN/ NONE INCLUDED INCLUDED IN SITE UTILITIES INCLUDED IN CONCRETE' INCLUDED IN SITE CLEARING INCLUDED IN CONCRETE INCLUDED IN CONCRETE INCLUDED IN CONCRETE INCLUQED IN CONCRETE INCLUDED INCONCRETE NIC- BY OWNER INCLUDED IN CONCRETE NONE SHOWN/ NONE INCLUDED NIC- BY OWNER 0U 0:66 d66 0.00( 0.00'' 0.06 0 0,00;.. 0 6.00= ':0.' 6:0b°i 405,446 6,37=' 0 0.00' o 0,00; 157,083 2,00:: 0 '0:00-'.. o o:0a ra a,0a; 0 6.00/, 0- 0.00-'- 0 0.004 0: 0,004:: 0 0.09«: 0 0.00:= 0- 0.00 0 Oi00 0 0.00; 0 o:ao- 0; 0.00 .. 0 o:0t7- 0 0.60` 0 0.00` 0:00' 0 0.00 -. 0 0.00 0 0.00 - `0 0 0 0, . .', 0,0000 0.00 0 0,00 0 0.00 2 VICLAOE of KEY BISCAYNE RECREATION CENTER F'ARCHITECT: ROBERT G. CURRIE PARTNERSHIP, INC, GMP PROPOSAL DAT Et OCTOBER 11, 2002. ORWGS,12" CONCRETE BANOS --; DRWGS, CURS & GUTTER - DRWGS. COLORED GONG, AT CURBS, GUTTERS? SIDEWALKS & BANDS SEE SITE CONCRETE WINDOW:::. NO SPEC PAVEMENT MARKING PREPARATION OF. SURFACES: TO BE PAINTED PROTECTION OF PAINTED MARKINGS samREPAINT NO SPEC TRAFFIC PAINT MARKINGS INSIDE GARAGE WATER PRESSURE CLEAN SLABS AND DECKS DRWGS. CONCRETE WHEELSTOPS WI 45 RODS FOR ANCHORS 5 NO SPEC EXCAVATION, SACKFILLING& COMPACTING FOR UTIL. PROTECT EXISTING WORK TO REMAIN EXCAVATION DEWATERING, TRENCH SHEETING AND SHORING REMOVE UNSATISFACTORY SOIL FROM TRENCH BOTTOM PROTECTION OR REMOVAL OF UTILITY LINES BACKPILLING & COMPACTION TESTING. BY OWNER - NIC LAYOUT AND AS -QUILTS NO: SPEC- WATER DISTRIBUTION . DUCTILE IRON PIPE. DRWGS, GALVANIZED STEEL PIPE POLYETHYLENEENCASEMENT CAST IRON VALVE BOXES FIRE. HYDRANTS DISINFECTION COPPERPIPINGFOR WATER SERVICES 3" OR SMALLER DIP FOR WATER DISTRIBUTION LINES 4" OR LARGER BACKELOW PREVENTORS DOUBLE DETECTOR CHECK VALVE THRUST BLOCKS HYDROSTATIC TESTING DISINFECTION TESTING BY CONTRACTOR CONNECTION TO EXIST, WATER MAINS LAYOUT AND AS:B UILTS WATERMETER PEC STORM DRAINAGE SYSTEM 10/17/2002 10:56 AM . 0 VILLAGE 11 tY BISCAYNE RECREATION CENTER INCLUDING SWIMMING POOL & GARAGE 1,5 0 0 0 TOTAL. AREA 75,463 SF 0 - 0 INCLUDED IN OFF SITE INFRASTRUCTURE GMP -- 0 0 INCLUDED IN OFF SITE INFRASTRUCTURE GMP.` o o INCLUDED IN OFF SITE INFRASTRUCTURE GMP" 0 0 - INCLUDED IN CONCRETE`;. 0 0 INCLUDED IN OPP SITE INFRASTRUCTURE GMP:- o 0 INCLUDED IN OFF SITE INFRASTRUCTURE GMP O 0 INCLUDED IN OFF SITE INFRASTRUCTURE GMP 0, - 0 INCLUDED IN OFF SITE INFRASTRUCTURE GMP. 3,712 0 0 0 279,074 0 0 0 0 0 0 0 0 0, 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0, 0 0 0 JAMES A. CUMMINGS, INC. 3,712 1,800 ,. 0 0 279,074 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ROBERTS TRAFFIC INCLUDED AS EPDXY STONECIRCLEI BONDED INCL INCL INCL INCL INCL INCL NIC- BY OWNER INCL- INCL INCL_ INCL' NONE SHOWN/ NONE INCLUDED INCL:. INCL INCL INCL INCLUDED IN FIRE PROTECTION INCL INCL INCL INCL INCL NIC- BY OWNER INCL 0 0 0 " 0 0 0 3,712 3,211 0 279,074 0 0 0 0 0 0. 0 0 0 0 0.00 0.00 , 0.00 0.00':' 0.00 0.00 0.00 0.05.: 0.04 0.00 3.70 0.00 0.00 0.00 0.00 ` 0.00 0.00 0.00 0.00 0.00. 0.00 0.D0; 0.00`. 0.00 0.00 0.00 0.00 0.00 0.00 `- 0.00 0.00 0.00 0.00 0.00 0.00 0.00 3 VILLAGE OF KEY BISCAYNE RECREATION CENTER ARCHITECT; ROjRT O, CURRIE PARTNERSHIP, INC. OMP PROPOSAL DATE: QCTOEEI 17:2002. omen OF DISPOSAL WELLS BY CONTRACTOR CORRUGATED ALUMINUM PIPE CORRUGATED STEEL PIPE; PULL? BITUMINOUS COATED DRAINAGE WELLS & DETENTION TANK - 3 EACH DRAINAGE STRUCTURES BALLAST ROCK PLASTIC FILTER FABRIC AREA DRAINS EXFILTRATION TRENCH TESTING BY CONTRACTOR LAYOUT AND AS•SUILTS DRWGS. REMOVE EXISTING CATCH BASIN AND ASSOCIATED PIPE NO SPEC SANITARY SEWER SYSTEM PVC,SEWER PIPE ANDFITTINGS MANHOLES CLEANOUTS TESTING &INSPECTION BYCONTRACTOR - LAYOUT AND AS•SUILTS DRWGS. REMOVE EXISTING MANHOLE 8, ASSOCIATED PIPE 6 02202 TERMITE CONTROL 1.1.G PROVIDE 5 YEAR WARRANTY 1.3.8.2 APPLY TO S01L WITHIN 10' OF 8109. PERIMETER FOR A DEPTH 7 02371 AUOERCAST PILES • 1401 IN CONTRACT 8 02517 - SOLID INTERLOCKING CONCRETE PAVERS 1.2.8 31(8"THICK KEY SHAPE & RECTANGULAR AT EDGES .6 , COMPRESSIVE STRENGTH • 8000 PSI .0 EDGE RESTRAINTS .0 SAND LAYING COURSE I SAND FOR JOINTS 1.3.6.2 PROOF ROLL PREPARED GRADE SURFACE 1,3.0.2 .CUT. PAVERS WITH. MOTOR DRIVEN MASONRY SAW .4 TOLERANCE,+ 1/32" OFFSET & 118" IN 10' FROM LEVEL .8 EXPANSION & CONTROL JOINTS -SEALANT FILLED 1.3.0.2 TREAT LEVELING8AS8 WITH SOIL STERILIZER .4 VIBRATE CONCRETE PAVERS INTO LEVELING COURSE .5 SPREAD DRY SANDa FILL JOINTS 1.3.E REPAIR, CLEANING AND PROTECTION 0/17/200210:56AM- 0 RECREATION CENTER INCLUDING YAWING POOL & GARAGE TOTALAREA 75,483 5F' -�'0 R00 '. 0 0,90 0 9bo o 000 o o,00 X10 o.00 o o'.oO 0 . 0;00::.... 0 0:00 0 9.00 0 0:00< 0 1 0,00 o 0:00 0,00 . .. o 0 900. o ,..000 0 0:00 0 9Ao• 0 p.00 0 _ Oi90: 0 .9100 0 <0,00: 0 0100 15,750 - 0,21 0 0,00 O -0,00 0 0:00 0 -9.00 0 0,00 0 0.00 0 000 0 0,00 O 0.00 o o,bo 0 0,00 0 0,00 0 0,00 -0 0 -0 0 0 "0 0 :0. 0 '.0 0 > 0 o ; 0 "0 -`-0 0 0 0 0 -0 --0 0 0 0 0 0 0 0 ,0 0 0 ;.0 0 -: 0 0 r0 0 .0 -.0 ;0 70 O ;.0 .0 0 ,0 _.0 ,.0 .0 O 0 0 - 0 O 0 0 i 0' ^ 0 0 ,0 ,.:0 0 0 0 0 O 0 0 0 0 -.0 0 0 O 0 0 0 O 0 - -0 0 0 0 0 0 O 0 0 0 NIC 1IO WIC , 0 o 0 0 0 0 16,750 15,750'.. 0 .0 0 o ,0 .o 0 0 0 0 -. 0 0 0 0 :0 0 0 0 0 0 -0 0 0 o 0 0 0 0 0 0 0 b o 0 0 o 0 o 0. 0 0 0 0 0 O 0 0 JAMES A. CUMMINGS, INC. 0 NIC• ST DINNER. INCLUDED AS HDPE & PVC .=INCLUDED AS HDPE &`PVC INCL INCL INCL' INCL 0 INCL. 0 INCLUDED 114 OPF SITE,INFRASTRUCTURE o NIC-. SY OWNER ,,.INCL INCLUDED IN SITE CLEARING INCL INCLUDED AS DIP INCL INCL INCL - INCLUDED IN SITE CLEARING INCLUDED IN CONCRETE -, INCLUDED IN. CONCRETE INCLUDED IN CONCRETE NONE REQUIRED/ NONE INCLUDED HOLLVWQQD STONEIBONDED Corr,' a.*'',; INCL 0 -. r' 1NCL ' INCL , INCL =`INCL INCL NOT INCLUDED INCL. INCL INCL INCL VILLAGE or KEY :B ISCAYNE RECREATION CENTER ARCHITECT: ROBERT G. CURRIE PARTNERSHIP, INC. :IMP PROPOSAL DATE: OCTOBER 17, 2002 EGREATION CENTER 1NdLUUDING SVV t4I1JV ING POOL & GARAGE 1 TorALAREA •r,. 75,453 SF , EPOICY GROUT '.. 0 0 0 0 INCL 0 X0.00 . COMPRESSIVE JOINT MATERIAL - - 0 0 ' 0 " ,0 - INCL 0 ,000 0 0 0 0 INCL 0 0.00. ' .INCL - 0 0.00.. 4.3.0 FORM MATERIALS 0 - 0 0 0 INCL 0 0,00: DRWGS. TEMPORARY BRACING OF BASEMENT WALLS. 0 0 '* 0 0 SEE CONCRETE FORMWORK WINDOW 0 ' 0 0 0 INCL 0 000; .1.b FORMS DESf3NED BY P, E. REGISTERED IN STATE OP FLA, 0 0 0 0 INCL 0 0.00.. ,2.b FORM EXPOSED SURFACES WITH HD OVERLAY PLYPoRM 0 - 0 0 0 INCL 0 0M0 0 0 0 0 INCL 0 000'. 1.3.E S T FINIS FOR 80 . 0 INCL 0 000 19:E SMOOTH FORM FINISH FOR GONG CONCRETE 0 0 'SMOOTHRUBBEo FINISH FOR GONG. EXPOSED To PUBLIC VIEW 0 0 , ^ 0 s -^ 0 INCLUDED AS SMOOTH FORM AS CAST FI NIC --0;00. 1.00 1.3.1' CURING .SPROTECTION 0 0 0 -0 _ 9 0 0 0 0 0.00, .1. MO15T CURE SURFACES TO RECEIVE FLOOR FINISHES 0 9 0 ,. 0 0 0.00. 1.3.G.2.aDOVETAIL ANCHOR SLOTS 0 0.00. , PLASTIC 0 0 "0. 0 0 - 0 0.00 . SLEEVES - 0 000 . ANCHORBOLTS - 1 0 - 0. 0 - 0 - 0 0 0 -0 0 000 CAST IRON FRAMES & GRATES ,. ,,,� ' 0:00 ., WATERS70P9 0 0 0 0 .. 0 0;00 VOLCLAY WATERSTOPS-RX AT ALL HORIZ & VERT COLO JOINTS :. 0 0 0 , 0 - 00 0;00 till VAPOR BARRIER - 6 MIL POLYETHYLENE FILM OR MOISTOP 0 0 0 0 ,,, N 0 0.00 13.1 GROUTING OP SASE PLATES 0 0 0- 0 NIC BY OWNER 0 0,00 1,3.J TESTING BY CONTRACTOR • NIC 0 0 _ 0 0.00 1.3.x.2 REPAIR CRACKS IN CONC. FOR A PERIOD OF 1 YEAR AFTER PIA 0 00 0 0 0 0.90 DRWGS. EQUIPMENT BASES 0 '0 0,00 DRWGS. CONCRETE PILL FOR STEEL PAN STAIRS 0 0 0 0 0 0,00 _ DEWATERING 0 ;0 0 0 INDLUDED IN EX - 0 000 03470 TILT 01' PRECAST CONCRETE 0 0 0 0 ' SEETILT-UP CONCRETE WINDOW 0 0 0 0 1: 1.0 SIGNED AND SEALED PANEL DRAWINGS 0 "0 - 0 0 ENGINEERING FOR LIFTING AND BRACING 0 0 0 0 1,1. DI MIN. 2 YEARS EXPERIENCE ERECTING. PANELS- 0 0 0 0 .3 JOB MOCK-UP - - .. 0 0 0 0 0 0 0 0 1.2.A.4 BOND BREAKER - .. 0 0 0 0 .5 ANCHORS & INSERTS .,0 .6 FLASHING REGLETS 0 0 0 .8 FORM LINER 0 0 0 -0 1.2.9, CONCRETE a 4000, PSI.. 0 0 0 0 1.2.0 FABRICATION TOLERANCES AS SPECIFIED 0 0 0 0 1.3.A MOIST CURE CASTING BLABS 0 0 0 0 10/17/2002 10:56 AM JAMES A. CUMMINGS, INC. INCL +'w^; I;INCL INCL INCL INCL - • INCL INCL 1N0L INCL INCL • INCL INCL INCL CAVATION Pon STRUCTURES INCL INCL INCL INCL INCL INCL INCL INCL INCL ".INCL INCL INCL INCL 0 0,00 0 0.00 0 0;00' 0.00 0.00 0 0.00 0 0.00 0 0.00 0 0.00 0 0.00 0 0.00 0 0.00 6 0 " VILLAGE OF KEY BISCAYNE RECREATION CENTER ARCHITECT: ROBERT G.:CURRIE-PARTNERSIIIP, INC CMPPROPOSAL BATE: OCTOBER 17, 2002 PATCH LIPTING & BRACING INSERTS 2 REPAIRDEFECTIVE OR DAMAGED SURFACES 12 03300.1.2. REINFORCING MATERIALS EPDXY AND GALV, REBAR IS NOT INCLUDED 1.2.E.2.b SMOOTH DOWELS ,e W ELORD-WIRE MESH MATERIAL - PLAIN INFLAT SHEETS REBAR USED AS SUPPORTS NO LIGHTER THEN $6 BAR .g PLASTIC OR STAINLESS STEEL ACCESSORIES AT EXP. CONC. WELDED WIRE MESH MATERIAL REBAR: MATERIAL WELDED'WIRE MESH LABOR - REBAR LABOR -. . 1.2 E.3 FIBROUS REINFORCING SUPPORTS ON GRAbE 13 03240. roar TENSIONED CONCRETE 1.1E,4 DRAWINGS & CALCS SIGNED & SEALED BY SPECIALTY ENG. 1.2.A TENDONS B ANCHORS .0 SHEATHING .d FULLY ENCAPSULATED SYSTEM -.,,D COUPLINGS -" .E COATING FOR UNBONDEO PRESTRESSING STEEL 1.3.8.12. COAT STRESSING HARDWARE WI CORROSION PREVENTATIVE DRYPACK EXPOSED BLOCKOUTSWI EPDXY PATCHING MIX POST TENSION MATERIAL _. " POST. TENSION LABOR SUPPORT STEEL FOR POST TENSION CABLE 14 03520 LIGHTWEIGHT CONCRETE ROOF INSULATION 1.1.E.3 FIRE-RESISTANCERATINGS AS RECURRED FM LIMO ^` 1.2.A CELLULAR-LIGHTWEIOHT CONC. BY ELASTIZELL CORP, .B.4 JOINT FILLER .5 MOLDED.POLYSTYRENE BOARD ,g0" LB(CU, FT. MIN. DENSITY 1.3.A.1 CONTROL JOINTS W( JOINT FILLER 1:3.13.3.e MINIMUM DEPTH = 2 INCHES , MINIMUM SLOPETODRAIN =1/4 INCH PER FOOT AVERAGE RNALUE = R-20 OR BETTER 10/17/200210;36 AM VILLAG `... AB? BISCAYNE ECREATION CENTER INCLUDING O 0 0 0 a 0 0 0 o o 0 0 0 0 0 0 o 0 0 0 o 0 o 0 O n:0 -0 - 0 o fi0 0 0 0 0 0 0 0 0 -0 0 a o 0 0 o 0 0 0 0 0 0 0 0 0. 0 0 0 0 0 0 0 0 0 0 .0 0 0 0 0 0 O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o o 0 O 0 0 0 a 0 0 0 0 a o 0 O 0 0 0 0 0 0 0 0 o 0 0 0 0 0 o 0 0 o 0 0 0 ,. 0 0 , 0 - 0,. O 0 0 o a o 0 0 0 JAMES A. CUMMINGS, INC. .:. ;. .. . 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 INCL. 0 INCL INCL INCL ., INCL INCL INCL INCL INCL INCL INCL INCL INCL NOT INCLUDED INCL INCL INCL INCL , INCL INCL ,INCL INCL INCL INCL INCL INCL INCL INCL , , INCL INCLUDED IN ROOFING/LATITE/BONOED INCLUDED IN ROOFING/LATITEIBONDED INCLUDED IN ROOFING/LATITEIBONDED.. INCLUDED IN ROOFINGILATITEIBONDED INCLUDED IN ROOFING/LATITE(BONDED INCLUDED IN ROOFING/LAME/BONDED INCLUDED IN ROOFING/LATITWBONDEO INCLUDED IN ROOFING/LATITEIBONDED INCLUDED IN ROOFING/LATITEIBONDED INCLUDED IN ROOFINGILATITE(BONDEO TOTAL AREA 75,463 SF 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0:00 &00 0.00 0.00 0.00'. 0.00 000:> 0.00' 0.00 0.00 0.00 0:00, 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0,00 0.00 0.00 0.00 d.00 0.00 0.00 0.0a 0,00 7 v1LLAOE OF KEY BISCAYNE RECREATION CENTER ARCHITECT: ROBERT G, CURRIE PARTNERSHIP, INC, GMP PROPOSAL DATE; OCTOBER 17, 2002 15 04200 UNIT MASONRY 1A SA COMPRESSIVE STRENGTH P'M a 1500 PSI ON NET AREA 1 1.C,1,b REINFORCING STEEL SHOP DRAWINGS 1.1.0,44 TESTING BY CONTRACTOR -NIC 1,1.F PROTECTION OF MASONRY DURING ERECTION 1.2,B.2 FIRE RESISTANCE RATINGS AS SPECIFIED .5 TYPE II, NON -MOISTURE 'CONTROLLED UNITS •8 MANUFACTURERS STANDARD COLOR & TEXTURE - .7 HOLLOW LOAD -BEARING EMU PER ASTM C90, GRADE N .8 NORMAL: WEIGHT MASONRY UNITS - 1 2,C. MORTAR AND GROUT MATERIALS 1,2.DJ REINFORCEMENT-. ANCHORS, TIES&ACCESSORIES 1.2.K MASONRY CLEANERS 1.2,LA GROUT PER ASTM 0476 1.3.0 CONSTRUCTION TOLERANCES AS SPECIFIED 1.3.H CONTROL 8, EXPANSION JOINTS 1.3,0.8 F1LL HOLOW METAL DOOR FRAMES SOLID WITH MORTAR 1,3.1.1 INSTALL STEEL LINTELS .2 PRECAST LINTELS. 1,3,K REPAIRING, POINTING & CLEANING TOOLED CONCAVE JOINTS AT BLOCK EXPOSED TO VIEW JOINTS STRUCK FLUSH AT CONCEALED BLOCK INSPECTION AND CLEANOUT HOLES DRWGS, INSPECTION BY CONTRACTOR .NIG DRWGS, MASONRY BOND BEAM AT TOP OF ALL WALLS MOWS. PRECAST CONCRETE CAP 18 05120 STRUCTURAL STEEL 1,2.A19 GROUT•7,000 PSI ' 1;2.0 SHOP PAINTING 1,3,A,33 BASE ANb BEARING PLATES .12 TOUCH-UP PAINTING 1,3.B: TESTING BY OWNER • NIC URWGS, SUPPORTS Foil BASKETBALL BACKSTOPS DAMS - CROSS SUPPORTS FOR GYM RINGS DRWGS. SUPPORTS FOR WIND ABATEMENT SYSTEM DRWGS, SUPPORTS FOR FOLDING PARTITIONS 05210 STEEL JOISTS 1.131,2 SIGNED & SEALED SHOP DRAWINGS AND CALCULATIONS KEY BISCAYNE kECREATION CRNTER INCLUDING SWIMMING , & GARAGE - 0 0 0 0 0 0 0 0 0 0 0 0 0 0. 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0, 0 0 0 0 0 113,88 422,20 10)17/200210:56AM JAMES A. CUMMINGS, INC. 0 113,880 0 0 0 0 0 0 0' 0 0 0 0 422,280 0 0 0 0 0 0'" 0 0 0 0 0 75,483 SF 0 D.0Q ENT1JA1sBROWARD CONSTRUCTION 113,883 1,5 INDL 0 0.00 INCL 0 . 0.00 NIC- BYOWNER 0 0.06: INCL 0 0,00 INGL 0 DSO. M. 0 (S INC': 0 0.00 INCL 0 0.00`'.. INCL- 0'. 0.00x:. INCL 0: 0,0' INCL 0 0.00 INCL 0- 0.00 INCL 0- 0.09 INGL 0 0.00' INCL. 0 0.001 INCL 0 0,00'. NONESHOWNI NONE INCLUDED. 0`" 0.00'.. INCL 0, 0,00 INCL.: 0- 0.00';... INCL 0 0.00',. INCL 0 0.00" INCL 0 o,00:.' Ntc•BYoWNER 0 0.00, INCL: 0 0,00't INCL 0 0.00 0 0.q0" `.. GEORGE'S WELDING/BONDED 422,280 5.98? NOT REQUIRED 0 0,00 INCL - - 0 0.0°2,, INCL 0 0.00"'5 INGL 0 0,00 NIG, BY OWNER , 0 0,00 ' INCL 0 INCL 0 0.00 INCL. 0 0.00 r, - .INCL 0 0,00 INCL 0 0.00 INCL 0 0,00' 0 VILLAGE OF KEY BISCAYNE RECREATION CENTER ARCHITECT: ROBERT O. CURRIE PARTNERSHIP, INC. OMP PROPOSAL DATE: OCTOBER 17, 2002 9 0263E 1.2.A 1.2.0 - ORNAMENTAL METAL FENCING SYSTEM COMMERCIAL GRADE, HEAVY DUTY,ALUMINUM EXTRUSION COMMERCIAL GRADE POWDER COAT FINISH (WHITE) SHOP DRAWINGS SAMPLES POR VERIFICATION 10 NO SPEC LANDSCAPING_. PLANT MATERIAL FLA NO.1 OR BETTER . ..Ir1ULCHs.,,- WEED CONTROL FABRIC TREE RELOCATION MAINTENANCE UNTIL FINAL ACCEPTANCE GUARANTEE a 1 YEAR FROM ACCEPTANCE WARRANTY,. 90 DAYS COMMERCIAL. FERTILIZER 87. AUGUSTINEFLORATAM 2" TOPSOIL WATERING'. TOP DRESSING OF SO0 MAINT. 30 DAYS UNTIL FINAL ACCEPTANCE NO SPEC, IRRIGATION 11 03300 CAST -EN -PLACE CONCRETE 11.0.1 ALL WORK IN ACCORDANCE WITH ACI 301 T.2.A CONCRETE MATERIALS SEE CONCREI MATERIAL WINDOW 1.2.0.3 SPECIFIED FINISH TOLERANCES 1.2:0.4 DRY SHAKE ABRASIVE AGGREGATE FINISH SEE CONCRETE FINISHES WINDOW 1:3.0.1 CONSTRUCTION JOINTS .2 EXPANSION JOINTS .3 DOWELED SLIP JOINTS ORWGS GALVANIZED RODSAT EXPANSION JOINT 1,3,8.4.9 NON -BITUMINOUS TYPE, RESIN IMPREGNATED FIBERBOARD ASPHALT IMPREGNATED MATERIALS ARE UNACCEPTABLE POLYETHYLENE FILM - 6 MIL . HORIZONTAL AND VERTICAL JOINT SEALER EPDXY JOINT SEALER .l EPDXY BONDING. AGENT VILLAGE , EY BISCAYNE RECREATION CENTER INCLUDING SWIMMING POOL & GARAGE 8,784 8,784 0 ` 0' 0 0 0 0 0 0 0 a 0 0 0 0. 0 0 0 0 0 0 0 0 0 2,025,510 2,025,51 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 TOTAL AREA 75,463 SF TROPIC FENCE/BONDED INCL INCL INCL. INCL INCLUDED IN OWNERS ALLOWANCE INCLUDED IN OWNERS ALLOWANCE INCLUDED IN OWNERS ALLOWANCE INCLUDED IN OWNERS ALLOWANCE INCLUDED IN OWNERS ALLOWANCE INCLUDED IN OWNERS' ALLOWANCE INCLUDED IN OWNERS ALLOWANCE INCLUDED IN OWNERS ALLOWANCE INCLUDED IN OWNERS ALLOWANCE'S INCLUDED IN OWNERS ALLOWANCE INCLUDED IN OWNERS ALLOWANCE INCLUDED IN OWNERS. ALLOWANCE INCLUDED IN OWNERS ALLOWANCE INCLUDED IN OWNERS ALLOWANCE INCLUDED IN OWNERS ALLOWANCE INCLUDED IN OWNERS ALLOWANCE 8,76 0.12 ` . . . 0.00 0.00 0.00 0.00 0.00 TILT-CRETE/BONDED 2,025,51 INCL INCL , INCL. INCL INCL INCL INCL INCL INCL INCL INCL INCL INCL INCLUDED IN SEALANTS AND CAULKING INCLUDED IN SEALANTS AND CAULKING INCL 0.00 0.00 0.00 c o.00 o.00 =a o.00 0.00 o.do 0.00 - 0.00 0.00 0.00 0.00 0.00 r' 0.00 26.84 0.00 0.00 0.00 0.00 0.00 0.00 0.00. 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 10/17/2002 10:56 AM JAMES A. CUMMINGS, INC. 5 0 VILLAGE OF HET BI ICAYNE RECREATION CENTER ARCHITEGTI ROBERT G. CURRIE PARTNERSHIP, INC. MP PROPOSAL DATE; OCTOBER 1T; 2002 1,'4.8,4+ BRIDOINGAND BRIDGING ANCHORS - .0 SHOP PAINTING 1.3:A.2 ANCHOR BOLTS AND BEARING PLATES`'' .5 TEMPORARY BRIDGING, CONNECTIONS AND ANCHORS VILLAS KEY BISCAYNE RECREATION CENTER INCLUDING SWIMMING POOL &GARAGE TOTAL. AREA /5,463 SF O 0 0 0 INCL 0 0.00 0 0 0 0 INCL 0 0.00. O 0 0 0 INCL 0 0.00 O 0 0 0 INCL 0 0.00 .8 BOTTOM CHORD BRIDGING 0 0 0 '0 INCL 0 0.00 ,0 TEMPORARY BRACING 0 0 0 0 INCL 0 A00 .12 TOUCH-UP PAINTING Q 0 0 0 INCL 0 0.00 05310 STEEL DECK. :' 0 0 0 0 INCL .0 0.00 1:1:0.3 FACTORY MUTUAL APPROVED 0 0 0 ..INCL 0 0.00 1.2,A 1 ROOF DECK R 1#112" DEEP, 22 GAUGE, GALVANIZED FINISH 0 0 0 - ` INCL 0 0.00 1.3,8.14 REINFORCEMENT AT OPENINGS 0 0 0 INCL 0 0.00 .15 ROOFSUMP PANS. 0 0 0 ' ', INCL - 0 0.00 .16 CLOSURE STRIPS 0 0 0 INCL 0 0.00. .17 TOUCH UP PAINTING 0 0 0 INCL 0 0.00 .18 TOUCH UP OF GALVANIZED SURFACES 0 0 0 INCL 0 0.00 05500 METAL FABRICATIONS 0 .0 0 INCL ' 0 0.00.. 1.2,0.1 SHOP PRIMER FOR FERROUS METAL 0 0 0 INCL 0 0.00, :2 GALVANIZING. REPAIR PAINT q 0 0 0 ' ' INCL 0 0.00. ,3 BITUMINOUS PAINT 0 0 0 ' INCL 0 0.00; 1.2.0 STAINLESS STEEL FASTENERS AND ANCHORS 0 0 0 1NCL 0 0.00. .. .0 NON$HRINK, NONMETALLIC GROUT. 0 0 0 - INCL 0 _.. 0.00.: .F CONCRETE FILL - " 0 0 0 - ' INCLUDED IN CONCRETE 0 ;H STEEL VERTICAL LADDERS 0 0 0 11401. 0 0.00', LOOSE BEARING AND LEVELING PLATES 0. 0 0 >' INCL 0 0.00. ..1 LOOSE STEEL LINTELS - 0 0 0 INCL 0 0:00. .K MISC. FRAMING & SUPPORTS 0 0 0 INCL 0 0:00 MISC. STEEL. TRIM 0 0 0 -q ' INCL. 0 0:00' CAST NO8INGS FOR`CONC. & METAL PAN STAIRS 0 0 3,300 3,30 GC BUILDING PRODUCTS` 3,300 0.04 ,N PIPE BOLLARDS - 0 0 0 0 NONE SHOWN( NONE INCLUDED - 0 0.00. .0 STEEL SUPPORTS FOR VANITIES 0 0 0 0 INCL- - 0 0.00 .P ELEV. PIT SUMP' GRATING AND FRAME 9 0 0 0 - INCL 0 0.00 RFI#000 CORNER GUARDS: EMBEOED 3" x 3" x 36" LONG 0 0 0 0 INCLUDED As SURFACE MOUNTED 0 0.00 .8 GALVANIZED on SHOP PRIMED FINISH - 0 0 0 0 '` ' INCL 0 0.00 1.3.A.0 CORROSION PROTECTION • ` - 0 0 0 0 INCL 0 0.00 1.3.E CONCRETE FILL OF PIPE BOLLARDS 0 0 0 >.. 0 NONE SHOWN/ NONE INCLUDED ` 0 0.00 1.3.0 TOUCHUP PAINTING & GALVANIZING - 0 0 - 0 0 INCL 0 0.00 ORW05,. METAL GRATES AT VENT SHAFTS - 0 - 0 0 0 ` ""` INCL 0 0,00 ORWGS. METAL SCREEN FOR EXHAUST FAN 0 0 0 0 - INCLUDED IN HVAC 0 0.00 DRWO$. EMBEDS FOR TILT -UP 0 0 0 - 0 - INCL 0 0.00 NO SPEC METAL STAIRS - 0 0 0 0 INCL 0 - 0.00 10/17120'0210;56AM' VILLAGE OF KEY DISCAYNE RECREATION CENTER ARCHITECT ROBERT G. CURRIE PARTNERSHIP, INC. OMP PROPOSAL DATE: OCTOBER 17, 2002.. SIGNED AND SEALED STRUCTURAL DESIGN CALCULATIONS DRY SHAKE ABRASIVE FINISH ONTREADS AND LANDINGS METAL PAN STAIRS & LANbINGS SS. FASTENERS FIELD TOUCH4IP CONCRETE FILL 05520 HANDRAILS AND RAILINGS 1.2,A FASTENINGS AND ANCHORS 1.2.0.1 ALUMINUM TUBE RAILING .2 STANDARD CLEAR MILL FINISH, FIELD PAINTED DRWOS. STAINLESS STEEL WIRE PICKETT8 05810 EXPANSION JOINT COVER ASSEMBLIES 1,1.0 FIRE RATINGS NOT LESS THEN THAT OF ADJACENT CONST. 1.3,8: METAL JOINT COVER ASSEMBLIES .0 JOINT COVER ASSEMBLY -WI PREFORMED SEAL ;D. JOINT COVER ASSEMBLY WI ELASTOMERIC SEALANT 1.6.G FIRE BARRIERS 05410 PRE-ENGINEERED STRUCTURAL STUD TRUSSES NOT IN CONTRA 00450. LIGHT GAUGE METAL -,FRAMING VILLA G` jKEY BISCAYNE RECREATION CENTER IN 17 06100 ROUGN'CARPENTRY. BEE ROUGH CARPENTRY WINDOW DIMENSION LUMBER 1.2.8 .0 POSTS, BEAMS AND TIMBERS .D CONCEALED BOARDS :F CONSTRUCTION PANELS ,G GYPSUM SHEATHING .H FASTENERS AND ANCHORAGES .1 BUILDING PAPER .J AIR INFILTRATION BARRIER .K SILLSEALER GASKET .L PRESSURE TREATED WOOD AND PLYWOOD .M FIRE RETARDANT TREATED WOOD DRWGS. WINDOW BUCKS - DRW0S.D0ORBUCKS ORWG9. PLYWOOD ROOF SHEATHING 06192 PREFABRICATED WOOD TRUSSES 1.1.8 SIGNED AND SEALED SHOP DRAWINGS ENGINEERED DESIGN 2.0 FASTENERS AND ANCHORS LUDING SWIMMING POOL &GARAGE 0 0 0 -' 0 -0 - 0 0 O 0 0 0 .0 0 o 0 0 O 0 -0 o 0 0 0 0 0 0 .0 0 0 0 0 0 4,830 8,440 0 0 0 0 0 0 O 0 0 0 0 0 0 0 0 NIC NIC NIC 0 0 0 0 0 0 0 0 0 14,332 13,498 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O - 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1. 0 0 0 0 0 - 7,200 13,760 26,149 O 0 0 O 0 0 O 0 0 0 0 0 0 0 0 0 0 0 0 11,270 0 0 0 0 0 0 0 0 0 27,830 0 0 0 0 0 0 0 0 0 0 0 0 0 47,099 0 0 0 INCL INCL INCL INCLUDED IN CONCRETE INCL - INCL INCLUDED AS ANODIZED FINISH JAC/OC`BUILDINOPRODUCTS. ' INCL INCL INCL INCL INCL NONE SHOWN/NONE INCLUDED INCLUDED IN, DRYWALL • 143 TOTAL AREA 75,463 SF INCL ` `0 0.00 UDED IN CONCRETE 0 0.00 0.00' 0.00 OAT) k&60 '6.00 0.00 0.00 0.90 0.00 0,20 ;0.00 0.00 0.00 o.0o; "0,00 0,00: 040 0.00,. 0.00 0:30 0.00 0.00' 0.00 0.00 0,00 . 0.00' 0 0 0 0 0 0 0 0 15,057 0 0 0 0 0 0 0 0 0 ' JA0 39,344 tNNtL 0 INCLUDED INEXTARCH WOOD WORK - 9 INCL 0 ` • • `L`•ci•' INCL - 0 NONESHOWN/ NONE INCLUDED 0 INCL 0 INCL 0 0.04 INCL 0 0.00; INCL 0 0.06':: INCL. 0 0;00%. NOT INCLUDED 0 0.00 INCL. - 0 0.00 INCL '0 0,00 0 0.00 CUSTOM DESIGN TRUSS/ JAC 50,347 0.77 INCL 0 0,00 INCL 0 0.00 INCL 0 0.00. 10 :12 10:56 AM JAMES A. CUMMINGS, INC. 10 0 VILLAQE of KEY BISCAYNE RECREATION CENTER ARCHITECT+ ROBERTO. CURRIE PARTNERSHIP,-INC:. OMp-PROPOSAL DAYEI OCTOBER 17, 2002 VILIAGE'Lr'kEY BISCAYNE 11ECREATION CENTER INCLUDING SWIMMING POOL & GARAGE --:A FIRE RETARDANT TREATMENT NOT ALLOWED 0 0 0 - 0 INCL. 0 0.00 DRWGS, SIGNED AND SEALED ERECTION PLAN 0 0 0. 0 INCL 0 0;00 ORWBS. SIGNEDANDSEALED TEMPORARY ERECTION BRACING PLAN 0 0' 0" 0 INCL 0 0.00 DIMS. CONNECTION HARDWARE AS MANUFACTURED BY SIMPSON 0 0 0 0 INCL - 0 000 0 0- 0 0- 0 0;00 18 00401 EXTERTOR ARCHITECTURAL WOOD WORK 0 0 263,453 263,451 STRUCTURAL ROOF SYSTEMS/ BONDED 263,453 3;40 1.2.A LUMBER SPECIES FOR OPAQUE FINISH; PINE 0 0 0 0 INCL 0 0,00 1.2.B= WATER-REPELLENT PRESERVATIVE 0 0 0 0 INCL 0 0.00 :C EXT, STANDING & RUNNING TRIM. FOR OPAQUE FINISH 0 0 0 0 - ' INCL 0 0:00- ,D EXTERIOR MISO, ORNAMENTAL ITEMS FOR OPAQUE FINISH 0 0 0. 0 INCL 0 0.00 STAINLESS STEEL NAILS AND SCREWS 0 0. 0 0 INCL. 0 000. 06410 CABINETRY £ - 0 0 102,301 102,301 - CAYMAN/BONDED 102,301 1.36 1.2:F PLYWOOD CORES FOR CABINETS ANO SHELVING 0 0 0 0 INCL 0 0,00.. .O HIGH. PRESSURE LAMINATE 0 0 0. 0 INCL 0 - 0.00 .3. COUNTER TOP SURFACES 0 0 0 0 INCL 0 0.00:. .4 EXPOSED & SEMI -EXPOSED INTERIORS OE CABINETS 0 0 " 0 - 0 INCL 0 0.00 :K CABINET HARDWARE & ACCESS. MATERIALS 0 0 0 0 INCL 0 0.00. DRWGS, PLASTIC LAMINATE CUBBIES WI WOOD BENCHES 0 - 0 0 0 INCL 0 0.00.. DRWGS: PLASTIC LAMINATE LOCKERS WI WOOD BENCHES 0 0 0. 0 INCLUDED IN DIVISION 10 0 000 =. DRWGS. WALL HANGING DISPLAY CASE 0 - 0 0 0 INCLUDED IN DIVISION 10 0 000 DRWGS, GRANITE COUNTER TOP 0 0 0 0 INCL 0 0.00. ORWOS. CABINET LOCK? 0 0 0 0 INCL 0 0.00 DRWGS, OAK CHAIR RAIL - 0 0 0 0 INCL 0 0.00" 0 0 0.. 0 0 0.00 10 NO SPEC FLUID APPLIED WATERPROOFING 0 0 133,620" 133,620 GENERAL CAULKING/BONDED 133,620 137 WARRANTY n 6 YEARS' - - 0. 0, 0 0 INCL 0 ODD PROTECT ADJACENT SURFACES 0 0 0 0 INCL ' 0 0,00 PATIO'S AND 2ND FL. BALCONY 0 0 - 0 0' INCL 0 0.00` NO SPEC CEMENTITOUS WATERPROOFING' OF GARAGE WALLS ABOVE GR 0 0 " 0 0 INCL 0 0.00 ACCESSORY MATERIALS 0 0 ' 0 - 0 - INCL 0 0.00 0 0 0 0 NIC. BY OWNER 0 0,00 O 0 0 0 INCL 9 0.00 0 0 0 0 INCL 0 0.00 O 0 D 0 INCL 0 - 0.00 0 0 0 0 INCL ` 0 0.00 0- - .. .0 0 0 : INCL 0 0.00 0 0 0 0 INCL 0 000 O 0 0 0 INCL 0 0.00 0 0 0 0 INCL 0 0.00 O a 0 0 - INCL 0 0.00 TOTAL AREA 07170 GEOTEXTILE WATERPROOFING 1.1.F,1 MANUF. APPROVED APPLICATOR WI MIN. 3 YEARS EXPERIENCE .2+ SINGLE SOURCE MANUF. W/ MIN' 30 YEARS EXPERIENCE .5 INSPECTIONS GY MANUFACTURER'S REP. .6 WATER SAMPLE TEST 1.1J MAT. & LABOR MANUF. SYSTEM WARRANTY = 5 YEARS .1.6 YOLCIAY WATERSTOPS-RXAT ALL HORIZ & VERT COLD CONC C 1.2.0 VOLTEX•CR BENTONITE. GEOTEXTILE WATERPROOFING WATERPROOFING ACCESSORIES JAMES A. CUMMINGS, INC. 11 VILLAGE OFREY"BISCAYNE RECREATION CENTER ARCHITECT: ROBERT G. CURRIE'PARTNEDDNIP, INC. GMP PROPOSAL DATE:. OCTOBER 17, 2002 .E PREFABRICATED DRAINAGE COMPOSITE "AOUAORAIN" 1,3.11A METAL TL'RMINATION BARS BENEATH MAT FOUNDATION'S ELEV. PITS BELOW GRADE FOUNDATION WALLS BELOW GRADE 07190 VAPOR RETARDER . ._� . 1.2 VAPOR RETARDER:6 MIL -POLYETHYLENE- 07920 SEALANTS AND CAULKING 1.1.A.2 GUARANTY P,2 VEARS. 1:2.8 SEALANT FOR GLASS, GLAZING & ALUMINUM SYSTEMS :G SEALANTS AT BUILDINGS .D CAULKING .E JOINT FILLERS .F BOND BREAKER TAPE 20 07210 . BUILDING INSULATION AND FIRE STOPPING 1.2.A FIRESTOPPING MATERIALS t 0 BATT INSULATION 1111.: FOR WALLS, 1119 FOR CEILINGS .0 111010 WALL INSULATION BOARD R5 NO SPEC SPRAY ON INSULATION AT PARKING GARAGE CEILING - NIC 21 07411 MANUFACTURED ROOF PANELS 1.1.0.2 SIGNED ADD SEAL€D_ STRUCTURAL ANALYSIS DATA -,G WARRANTIES . FINISH 20 YEARS, WEATHERTIGHT 5 YEARS 1.2:8 MET. COATED STEEL SHEET PREPAINT. WICOILCOAT 20 GA. ALUM, FINISH FLUOROPOLYMER 2 COAT .0 STANDING SEAM 1100F PANELS 16" WIDE .D UNDERLAYMENTSELPADHERE, POLYMER -MOD, BITUMINOUS .E.2 -GYPSUM SHEATHING: DENS -DECK FIREGUARD .3 STAINLESS STEEL FASTENERS .4 ACCESSORIES.: --:.5 BITUMINOUS COATING 46 PRIMER- .7 VAPOR BARRIER ' - - 1.3,D CLEANING & PROTECTION DWOS 111010 INSULATION AT GYMNASIUM ROOF 01511 BUILT-UP ASPHALT ROOFING 1.1.0 WARRANTY00 YEAR .2.8 BUILT UP ASPHALT ROOFING SYSTEM .4 SINGLE PLY CAP SHEET .0 ROOFING SYSTEM EDGE/PENETRATION MATERIALS 2 10:56 AM VILLA G _ KEY BISCAYNE RECREATION CENTER INCLUDING SWIMMING POOL & GARAGE 0 0 0 0 0 0 0 0 O 0 0 - 0 O ,. 0 0- 0 0 0 - 0 0 O 0 0 0 0 .,0 .0 0 0 .0 ..0 0 ,0 0 0 0 O 0 0 0 O 0 0 0 0 .0 0 0 0 0 0 0 O 0 0 0 0 0 3,000 3,000 0 0 0 0 0 0 0 0 NIC NIC , N1C 0 `0 0 0 0 0 0 239,600 239,600 0 0 0 0 0 0 0 0 0 0 0 0 0 -0 0 0 0 .0 0 0 0 0 0 0 O 0 0 0 0 0 0 0 O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 -0 0 -=0 0 :A "�0 r0 O - 0 - 0 0 0 0 0 0 0 0 0 0 O 0 0 0 JAMES A. CUMMINGS, INC. o IN0L :INCL INCL INCLUDED IN CONCRETE INCLUDED IN CONCRETE INCL INCL INCLUDED IN GLAZING" INCL INCL INCL INCL INCLUDED IN DRYWALL JAC INCLUDED 1N DRYWALL INCLUDED IN DRYWALL NOT REQUIRED)N�T INCLUDED LATITE ROOFING( BONDED INCL INCLUDED AS. 24 GA. INCLUDED- A$ CLEAR ACRYLIC FINISH INCL INCL INCL INCL INCL INCL INCL INCL INCL INC!. INCL INCL INCL 1E01. INCL TOTAL AREA 75,463 SF INCL 0 0 : '0.00 0 0,00r 0 0.00 -0 'O.QO'. 0 .; 0:00 0 0,00 0 0.00 0 0.00 0 0.90 0 0.00 0 0,00 0 0 0,06 O 4,00= 3,000 0,04x: 0 0.00< 0 0.00 0 040' - 0 0.00:. 239,600 3,10. 0 0.0(1 0 0A0: - 0 0.00 0 0.00 0 0.00 0 00 0 0.00..:. 0 0ro1I 0 0*:... 0 000 o- O.b4; 0 0.00, o 0.00? 0 0.00 o 0.06 0 0.00' 0 0.00 0 0.00: 0 0,00 12 VILLAGE OP KE? BISCAYNE ' . . • RECREATION CENTER ARCHITEC7aryROBERT6, CURRIE PARTNERSHIP, INC. OMP PROPOSAL DATE: OCTOBER 17, 2002 .D SHEET -METAL &'ADL`rEliSORIES-ALUMINUM CLEAR ANODIZED .E WALKWAY PROTECTION BOARDS. 1,3.F' CXA' STRWEI TAPERED EDGE STRIPS 4 t WOOD BLOCKING `^ 07520 METAL PLASHINO ANO TRIM 1:1:C GUARANTEE• 10 YEARS ' 1.2.A ALUMMINUM FLASHING WI CLEAR ANODIZED FINISH 1.313 PITCH PANS i0 VENT STACK & ROOF DRAIN FLASHING -..D SCUPPERS - DRWGS.OVERFLOW SCUPPER PIPING ^ 07721- ;PREFABRICATED ROOF GURBS 07722 ROOF WATCHES 1.2.A ROOF HATCHES FOR VERTICAL LADDERS ' • .8.3 - CURB. .4 HARDWARE .S. . MILL FINISH ALUMINUM 22 NO SPEC SPRAY ON FIRE PROOFING VILLAGE Ur' KEY BISCAYNE RECREATION CENTER INCLUDING SWIMMING POOL &'GARAGE 23 08110 - METAL DOORS AND FRAMES -1.2.8 -HOLLOW METAL FRAMES ZINC COATED SHEET STEEL .t.a 18 GAUGE INTERIOR HOLLOW METAL FRAMES .b 14 -GAUGE EXTERIOR HOLLOW METAL FRAMES .4 MULLIONS & TRANSOM BARS .5 GLAZING STOPS .8 GLAZED TRANSOMS, SIDE LIGHTS & BORROWED LIGHT FRAMES .7-0 JAMB ANCHORS, SPLICES, FLOOR ANCHORS .12 GROUT FILL FOR FRAMES 1,2.0 IIOLLOWMETAL DOORS MC SHEET STEEL ..3.a 18 GAUGE INTERIOR -DOORS' .b 18 GAUGE EXTER10R DOORS .D DOOR LOUVERS .8 ASTRAGALS .F LIGHTS .6 RAT SCREENS .Hr-- FIRE RATED DOORS & FRAMES .1. FULL LOUVER DOORS .J FACTORY PRIME FOR FIELD PAINTED FINISH .08210 FLUSH WOOD DOORS N1C 0- 0 0 0, 0' 0 0. 0 0 0 o_ 0. O 0 0' 0 0 o 0 o 0 0 0 o o O a 0 0 O 0 0. 0 0. 0 N{C NIC 0 0 8,030 36,000 0 0 0 0 0 0 0 0 0 0 0 0. 0 0, 0 0 0 0. 0 0 0 0 0 O 0 0 0 0 0 0 0 O 0 0 0 O 0 JAMES A. CUMMINGS, INC. 0 0 0 0 0 0 0: 0 0 0 0 0. 0 0 0 0. 0- 0 0 0 44,030 0 0 0 0 0 0 0- 0 0 0 I. 0 0 0 75,483 SF INCL INOL INCL NONE SHOWN/ NONE INCLUDED' INCL INCL INCL INCL ' INCL INCL. INCLUDED IN PLUMBING INCLUDED IN HVAC INCL INCL INCL INCL INCL 0 0.00 0 0:00 O 0.00 0 0,00 0 0.00 0 0.00 O 0.00 O 0.00" O 0,00 a o:o0. O o.00 0 0.00 0 0.00 0 0.00. 0 0.00` 0 . 0.00 0 0.00 0 0.00 NONE REQUIRED/ NONE INCLUDED 0 0.00 +'^ 0 0.00 FIREDOORJLOTSPEICH " 50,326 0.87 INCL.. 0 0.00 INCL 0 - 0.00" °'INCL. 0 0.00 INCL 0 0.00 INCL 0 0.00 INCL 0 0.00' ING1. 0 too INCLUDED 1N CONCRETE 0 0.00 "' INCL 0 0.00 ''INCL 0 0.00: MCI.. - 0 0.00 '' ` INCL 0 0.00 "• INCL 0 0.00 INCL 0 0.00 0 INCL 0 0.00 0 INCL 0 0.00 0 - - INCL 0 0.00 0 INCL 0 0.00 0 FIREDOOR/LOTSPEICH - 0 0.00 3, 1 VILLAGE. OF KEY BISCAYNE RECREATION CENTER ARCHITECT:: ROBERT 0, CURRIE PARTNERSHIP, INC. GMP PROPOSAL DATE: OCTOBER 17, 2002 VILLAS KSY BISCAYNE EE CREATION CENTER IN6LUUING SWIINMING;POOL GARAGE TOTAL AREA. 1.1,D GUARANTY = 5 YEARS 1.2;8.1 SOLID CORE FLUSH WOOD DOORS ,C WHITE BIRCH FACE VENEER .D LIGHT OPENINGS .E FIRE RATED LABELED: DOORS 13,8 FINISH DOORS PER SECTION 00900, PAINTING 08710 ' DOOIFHARDWARE 1.2,8 BRUSHED STAINLESS STEEL FINISH ,D.3 CYLINDERS WITH TEMPORARY CONSTRUCTION CORES ,E KEY CONTROL SYSTEM .F,4 WARRANTY ON-LOCKSETS-= 3: YEAR .0.4 WARRANTY ON FIRE EXIT DEVICES= 5 YEAR :H.4 WARRANTY ON DOOR CLOSURES a 25 YEAR .I ODOR TRIM & ACCESSORIES 1:3:6 CONTINUED SERVICE&WARRANTY (AT 6 MONTHS) NO SPEC CARD KEY ACCESS SYSTEM 24 08305 ACCESS DOORS 1.2.0.1 'PLUSH WALL ACCESS DOORS FOR MASONRY ,2 RECESSED ACCESS': DOORS FOR GYP BOARD CEILINGS & WALL .3 RECESSED DOOR FOR PLASTER CEILINGS & WALLS ,D.3 LOCKING DEVICES .4 FIRE: RATED DOOR ASSEMBLIES 08331 OVERHEAD COILING DOORS (1 DOOR 8, 3 GRILLES) 1.2.F FACTORY PRIMED FOR FIELD FINISH .G ELECTRIC DOOR OPERATORS ,8 OBSTRUCTION DETECTION bEVICE DRWGS. ROLL DOWN SHUTTERS AT SNACK BAR & WARMING KITCHEN 08350 ACCORDION PARTITIONS 1,1;F GUARANTY=2YEARS 1,2.8,1 SERIES 2000 AS MANUFACTURED BY HUFCOR .2. CLEAR ARCHITECTURAL EXTRUDED ALUMINUM TRACK .3 FACTORY APPLIED VINYL FABRIC. FINISH 08351 ACCORDION FOL01NO CLOSET DOORS 1,1.0 CLASS 1 FIRE RETARDANT DOOR PANEL CORE 1,2,8.1 WOODFOLD SERIES 240 DOOR .3' VINYL LAMINATED 25 08410 ALUMINUM ASSEMBLIES 1.1,B WIND LOAD & DEFLECTION CALCS SIGNED & SEALED BY FLA RE 002 10:50 AM 0 0 0 0 0 0 O 0 0 0 0 -0 0 0 0 O 0 0 O 2,000 31,432 0 0 0 0 0 0 0 0 .0 0 0 0 0 _0 0 0 .0 . •._.0 0 0 0 Q 0 0 0 0 0 0 0 0 b 0 _ 0 500 0 0 0 0 0 0 0 0 0 0 0 0 A 0 p 0 9,818 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 .0 0 0 0 0 0 0 0 0 1,300 0 0 0 0 0 0 0 0 0 0 0 - 0 0 0 213,712 0 0 0 JAMES A. CUMMINGS, INC. 0 0 0 Q 33,432 0 0 0 ' 0 0 0 0 0 500 0 0 0 0 9,816 0 0 0 0 0 0 0 0 -71300 0 0 0 213,712 0 INCL INCLUDED AS FACTORY FINISH FIREDOOWLOTSI;EiCH INCL INCL INCL INCL - .. INCL "INCL "INCL INCL '510T INCLUDED m.r . JAC INCL INCL OWL INCL - INCL D0011 SYSTEMS INC, INCL 1N41 INCL INCL INCLUDED IN PARTITIONS INOLUpgp INOPERABLE PARTITIONS. INCLUDED IN OPERABLE PARTITIONS INCLUDED IN OPERABLE PARTITIONS INCLUDED INOPERABLE' PARTITIONS OWNER ALLOWANCE. INCL INCL INCL VIGILANTEASSOCJBONDED INGL 75,463 SF INCL "0 0,00 INCL 0 " 0,00 INCL 0 {A00.. INCL. 9 0,00 9 0:00,:., 0 0:00' 35,000 0:46 .0 0.006 0 0.00 e0 "0,0d :.0. SAO,r. 0 = tl.00. 0 0:00:.. 0 0;00, o =`tl.aa 500:000 00 O.Of:-- 0 0,'Ob` -0 =0;00 0 000. - 0 000 .. 0 6.00.. 8;818 . 0:'3 '0 0100' 0 00 o QepO 0 u.00 0 0,00 p 0.00 p o,00 0 0,00 Q 0.00 7,300 0;10 0 0.00 0 0.00 0 0,00 0 0.00 213,712 2.83 0 0.00 14 tav VILLAGE OF KEY B13CAYNE RECREATION CENTER ARCHITECT;. RODERT 0. CURRIE PARTNERSIIIP, INC. GMT, PRQP SAL DATEI OCTOBER 1);.2002,; VILLAGE `Li kEYBISCAYNE ECREATION CENTER INCLUDING SW .E WARRANTY a 5 YEARS 0 0 1.2.13 ENTRYDOORS 8. HARDWARE 0 0 . 0 0 .0 ALUMINUM FRAMES & ENTRANCE ASSEMBLIES 0 0' 0 0 .6 DOOR STOPS 8, WEATHER STRIPPING 0- 0 0 0 SHEET AI,I/MINUMFLASHING a-. 0 0- 0' 0- . 0 ALUMINUM TRIM & EXPOSED FLASHING . 0 - 0 0 0 lE CLEAR ANODIZED FINISH ON ALL EXPOSED ALUMINUM 0 0 0'- 0 ,F STAINLESS STEEL FASTENINGS 0 0 0' 0 ,G CONCRETE EXPANSION ANCHORS - 0 0 0 0 1.3,A,4 SEALANTS 0 0 0 0 ,0 PROTECTION 8, CLEANING - 0 0 0 0 ORWOS. ALUMINUM SILL PANS 0 0 0-. 0 08800 GLAZING 0 0 0 1.1,C.8 FIRE RATED WINDOWA5SEMBLIES 0 0 0 .6 WARRANTY a 5 YEARS 0 0 0 1.2.A HURRICANE RESISTANT LAMINATED TINTED@ ALL EXT. OPEN, 0 0 0 .1.o- COLOR= PPG SOLEX GREEN 0 0 0 ,B HURRICANE RESIST: SPANDREL/CERAMIC COATED @ EXT. 0 - 0 0 .0 WIREDGLASS FOR FIRE RATED INTERIOR PARTITIONS 9 0 0 .D TEMPERED CLEAR FLOAT GLASS AT INTERIOR 0 0 0 ELASTOMERIC GLAZING SEALANTS - 0 0.. 0 1,3.P BUTT GLAZED INTERIOR PARTITIONS 0 0 0 ,0 v PROTECTION & CLEANING 0 0 0 08830 ` MIRRORt 0 0 0 1;2C.3` FLAT FOL1SIED MIRROR EDGES 0 0 0 1.3.B PROTECTION & CLEANING - 0 0 0 0 0 0 26 .05450 LIGHT GAUGE METAL FRAMING 0 - 0 382,81 362,616 1,1.A,3S C" SHAPED STEEL STUDS 0. 0 0 - . METALFURRING - - 0 0- 0 1.1.0.3, FIRE RATED ASSEMBLIES x.... 0 0 0 1.2.4.1 SYSTEM COMPONENTS , 0 0 0 .3 GALVANIZED FINISH 0 0 - 0 1,3.A.2 TOUCH UP SHOP APPLIEO COATINGS 0 0 0 GALVANIZED REPAIR PAINT FOR GALVANIZED SURFACES 0 0 0 ORWGS, PLYWOOD SHEETING 0 0 - 0 09205 c FURRING AND LATHING 0 0 0 1.3.A EXTERIOR SOFFITTS AND CEILINGS 0 0 0 00220 STUCCO AND CEMENT PLASTER 0 0 0 1.2.4,6 WATERPROOFING ADMIXTURE 0 0 0 TOTAL AREA I 75,463 SF INCL INCC INCL' INCL INCL INCL: INCL NCL NCI.'. 0' NCL 0 NCL 0 NCL 0 NCL. 0:.: NCL 0 NCL 0 NCL 0 NCL 0 NCL 0 ,. NCL. 0' NCL 0 NONE SHOWN/ NONE INCLUDED 0 NCL` 0 NCL 0 NCL 0 NC! 0 0 .38S CONTRACTORS INCJBONDED 382,616 INCL 0 INCL 0 INCL 0- INCL - 0 INCL 0 INCL 0 INCL 0 INCL 0 INCL 0 INCL 0 INCL 0 INCL 0 0.00 0.00 0.00 0,00 0.00 0.00 0.00 0.00" 0.00 Lou 0,00 0.00 0.00 0.00 0.00 0,00 0.00 0.00 0.00 0.00 0,00 0,00 0.00 0.00 0.00 0;00 0.00 5.07 0.00 0.00' 0.00 0.00 0.00 0,00 0.00 0.00 0.00 0.00 0.00 0.00 Opt 10:58 AM JAMES A. CUMMINGS, INC. 15 VILLAGE OP KEY BISCAYNE RECREATION CENTER ARCIIITECT: ROBERT G. CURRIE PARTNERSIIIP, INC. OMP PROPOSAL DATE: OCTOBER 11,:2002 ECREATION CENTER INCLUDING SWIMMING POOL & GARAGE .7 BONDING AGENT 0 0 0 0 INCL. lac INTERIOR CEMENT' PLASTER APPLICATION "'0 0 "0 -:0 INCL .1 2 COAT WORK FOR INT. CONCRETE & MASONRY - 0 0 ` 0 0 `INCL .2 3 COAT WORK NOT REQUIRED 0 0 ''0 -0 INDL .b SMOOTH. SAND FINISH 0 '0 0 0 - INCL 1.3.D EXTERIOR STUCCO APPLICATION 0 0 - 0 0 INCL .1 2 COAT WORK FOR.EXT. CONCRETE & MASONRY -.0 . 0 0 0 INCL ,2 3 COAT WORK ON METAL LATH -0 0 =0 :.0 INCL -. 1.3.E DAMP CURE EACH COAT - 0 0 0 0 ,; MEDIUM TEXTURED STUCCO 0 0 0 0 ,, 0 INCL .F.1 SMOOTH SAND FINISH CEMENT PLASTER 0 0 -:,0 -. INCL FLOAT FINISH STUCCO'�AT.INT.. WALLS, SOFFITTS & CEILINGS 0 00 0 _ 0 .IINCL 'DRWGS. FOAM BANDS WITH EIFS rINISH COAT 0 .-0 0 0 `INCL 09260 GYPSUM WALLBOARD ASSEMBLIES 0 - 0 - 0 0 ` INDL 1.2:8 STEEL FLAMING MEMBERS - INCL .2 25 GAGE STUDS NOT PERMITTED 0 0 0 - 0 : (NCL .0 COMPONENTS FOR SUSPENDED CEILINGS 0 0 0 -: 0 -`INCL „ '0 0 0 0 W LL O RD ACCESSORIES 0 0 `-INCL ;b GYPSUM A Q A. - - .p .:0 INCL ",E 'GYPSUM WALLBOARD - .1 . FIRE RATED WALLBOARD 0 0 0 0 - .INCL . WATER RESISTANT GYPSUM WALLBOARD 0 0 0 0 INCL .F FASTENERS.. 0 -0 0 i0 INCL .0 JOINT TREATMENT MATERIALS 0 0 -0 0 .N SOUND p 0 0 0 INCL ATTENUATfON�LANKETS - OWL BUTYL -ACOUSTICAL SEALER TAPE 0 0 0 =0 INCL J ACOUSTICAL SEALANT 0 0 0 0 _ INCL ,K FOAM TAPE. ,. o 0 0 0 ' INCL 1.3.0.8 18 GAUGE STUDS AT DOOR JAMBS & PARTITIONS SUPPORTING 0 0 - "0 0 jNO.L .EA SEAL CUT OR EXPOSED EDGES OF WATER RESISTANT WALLS() 0 0 0 0 .7 SOUND RATED CONSTRUCTION - 0 0 0 0 INCL INCL .6 FIRE RATED CONSTRUCTION- 0 0 0 0 INCL .9 CONTROL JOINTS 0 0 0 0 - INCL- ,1 ORbuTING.Or HOLLQW METAL FRAMES WI GYPSUM PLASTER 0 0 0 0 .J SOUND RETARDANT PARTITIONS 0 0 0 0 INCE0 DRWGS. IMPACT RESISTANT DRYWALL INCL DRWGS 2x WOOD BARE PLATES 0 0 0 - INCL.., 0 -� 0 '0 0 . 0 0 0 0 INCL DRWGS.2x4 WOOD STUD UNDER LOCKERS & CUBBIES 0 0 0 0 INCL 0 0 0 0 DRWGS. W000 BLOCKING FOR OTHER TRADES 0 0 0 0 INCL DRWGS PLYWOOD SHEETING JNGL TOTAL AREA 72002 10:56 AM JAMES A. CUMMINGS, INC. 75,483 SF O 1.0,b0 'o 0.0o 0 0.00 0 0,00 •0 6.64 0 6h0¢`. O 6:06' 0 '0:110 o ,d.60r o 0.`0:60_ =.0 '.3:00 o �Ofou. 0 0.00 0 .O:0G 0 0.00 ono -0 40,00' 0 i0,0* 0 -;0100 :o ..0.00..: 0 `-000 0 0'00 .0 -0:00 0 6:0 o 0.00 .0 ' 0.'00.. '0 0.00 o “0-00 0 0:00 0 0.0 0 0.60 0 0:60 o 0.09 • 0 0.00 p 0.00 0 0.00 0 0,00 o 0.00 o 0,00 16 0 VILLAGE OF KEY BISCAYNE RECREATION CENTER ARCIIITE07t ROBERT G. CUnuuE PARTNERSHIP, INC. GMPPROP09AL DATE:ODTOI3GR 17,,2002 27 09310 CERAMIC TILE 1`4a TILE INSTALLER MEMBER OP TILE COUNCIL OF AMERICA 1.2.A CERAMIC & QUARRY TILE .0 TRIM d' SPECIAL SHAPES .0 SETTING MATERIALS :E.1 EPDXY GROUT .F TILE JOINT SEALERS .O MARBLE THRESHOLDS SLOPE FLUOR TILE TO FLOOR DRAINS BRINGS. MARBLE. WINDOW SILLS DAMS. GRANITE COUNTER TOP 09330 QUARRY TILE - DELETED EY ARCHITECT RFIN0014 PORCELAIN TILE AT ALL COVERED PATIOS ©f8/SF 26 09511 ACOUSTICALPANELCEILINGS 1,4,F EXTRASTOCK 1.2.A ARMSRONG ULTIMA CEILING TILE .2 BEVELED TEGULAR EDGES SOUND ADSORPTION.(NRC) 0.70 .B SUSPENSION SYSTEM .4 SHADOW OR STEP MOLDINGS .5 HOLD DOWN CLIPS .8 HOT DIPPED GALVANIZED FINISH, ALUM CAPS WHERE EXPOSED DRWGS. 2' x 0, PLASTIC TILE CEILINGS 2' x 2' VINYL COATED CEILING TILE 00840 ACOUSTICAL WALL PANELS 1.2.A 2"111101( MINERAL WOOL CORE, FABRIC WRAPPED ,E MANUFACTURERS STANDARD PARRIC .P CONCEALED MULTIPLE-PERPQRATION FASTENING DEVICES (EZ SUSPENDED ACOUSTICAL PANELS. 09820 RIFBBER ATHLETIC FLOORING 1.1,1 EXTRA MATERIAL 1,2.9 RUBBER RECREATIONAL & ATHLETIC FLOORING HID-N-LOC STY 1.3.81 PREPORATION OF SUBSTRATE :D PROTECTION. 29 09042 1.3.F .O WOOD GYMNASIUM. FLOORING HUMIDITY CONTROL WARRANTY '4'1 YEAR ON MATERIALS 2002 90:56 AM VILLAGE br • ECREATION CENTER INCLUDING SWIMMING POOL & GARAGE 0 0 90,621 0 0 0 0 0 0 o 0 0 o 0 0 o 0 0 O 0 0 0 0 0 O o 0 0 0 0 -0 o 0 NIC NIC NIC 0 0 0 o 0 0 O 0 75,742 O 0 0 0 0 0 O 0 0 O 0 0 O 0 0 O 0 0 O 0 0 D 0 0 O 0 0 9 0 0 0 0 0 O 0 0 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 O 0 0 O 0 0 O 0 0 O 0 0 O 0: 0 . . O 0 73,520 O 0 0 O 0 0 JAMES A. CUMMINGS, INC. 90,821 0 0 0 0 0 0 o 0 0 0 0 0 75,742 ARMSTRONG INTERIOR CONSTRUCTION/BOND 0 INCL 0 INCL 0 INCL 0 - INCL 0 INCL 0 - INCL -. 0 11401. 0 INCL 0 INCL - 0 INCL 0 INCL 0 INCL 0 INCL 0 INCL 0 INCL 0 0 INCLUDED IN RESILIENT FLOORING 0 . INCLUDED IN RESILIENT FLOORING 0 INCLUDED IN RESILIENT FLOORING' 0 INCLUDED IN RESILIENT FLOORING 0 INCLUDED IN RESILIENT PLOORING TOTAL AREA 73,528 0 0 MCDERMOTT/ BONDED INCL INCL INCL INCL INCL INCL. INCL INCL -INCL INCLUDED IN CABINETRY NOT REQUIRED PER ARCHITECT' :..5-g;` 44.1 INCL TRIDENT/ BONDED INCL 1NCL 75803 Sr 90,621 0 0 0 0 0 0 0 . 0 0 0 0 0 0 75,142 0 0 0 0 0 0 0 0 0 , 0 0 0 0 0 0 0 0 0 0 0 0 0 73,528 0 0 1.20 osoo 0.00 0.00 0.00 0,00 0,00 0,00 0.00 0.00 0.00 0.00 0.00 0.00 1.00 0,00 0.00 0.00 0.00 0,00 0.00 0.00 0,00 0.00 0.00 0.00 0.00 0.00 0:00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0,97 0.00 0.00 17 VILLAGE OF KEY BISCAYNE RECREATION CENTER ARCHITECT:. ROBERT G. CURRIE PARTNERSHIP, INC. GMP PROPOSAL DATE: OCTOBER 17, 2002 VILLAGE (RECREA'T'ION CENTER INCLUDING SWIMMING PQOL-8 GARAGE 1.2.A.1 6 MIL POLYETHYLENE VAPOR BARRIER - - - 0- 0 0 0 INCL .2 RESILIENT PADS 0 0 0 0 INCL .42 LAYERS 15132" PLYW000 $UBPLOOR 0 0 0 0 - INCL .& FLOORING (CONNOR LAYTITE MAPLE) SECOND OR BETTER GRA 0 0 0 ' 0 INCL ,6 FASTENS S _ INCL- 4 0.00 0 0 0 0 , POLYURETHANE SEAL INOL 0 0.00 I! 0 0. 0 0 INCL. 0 0A0 8 MOLDED, PAINT INOL 0 000 ,8 MOLDED, AGE VENTED JOVE BASE 0 0 0: 0 ORWOS METAL ANGLE BASE - - 0 0 0 0 INCLUDED AS MOLDED VENTED COPE BASE .0 0.00 DRWGS.GYMNASIUM 0 0 0 0 INCL % 0 0,00 DRWGS, AEROBICS/DANCE ROOM 0 0 0 0 INCL 0 0,00. 0, 0 0 0: 0 0.09, 30 09650 RESILIENT FLOORING 0 0 88;176 88,170 WILLIAMS CARPET SYSTEMSIBONDED. 08,176 1,1t INCL 0 0.00 1.1.A;3 EXTRA STOCK 0� 0 0 0 � INCL - 0 O.O�j. 0 PREPORATION OF SUBSTRATE 0 0 0 0 INCL 0 O.QO 09653 RESILIENT WALL BASE AND ACCESSORIES 0 0 0 0 INCL 0 0,00 1.1.F EXTRA STOCK 0 0 0 0 n 1.2.0 118" THICKx 4" HIGH RESILIENT WALL BASE 0 0. 0 0 INCL 0 oil s1 TROWELASLE LEVELING 8. PATCHING COMPOUNDS 0 0 0 0 INCL 0 INCL 0 0.00; .2 ADHESIVES 0 0 0 '9r INCL 0 6.04 1.3,8 PREPARE SUBSTRATES- 0. 0- 0 0 0.00 .5 CLEANING & PROTECTION - 0 INCL 0 . 0 0 0 08880 CARPET 0 0 0 0 INCL 0 0A0:- INCL: 0 O.Op 1,1.D.5 MOCKUPS - 0 0 0 .0 INCL 0 GAO= .F WARRANTY .= IO YEARS 0 0 0 0 ;G EXTRA STOCK 0 0 0 0 INCL- 0 000/. 1.3.E MAJOR FLOOR PATCH 3,773 3,773 0 7,548' JAC.- 10,750 0,161:: .D+E CLEANING & PROTECTION 0 0 0 0 - INCL. 0 0.00:. 0 0 0 0 0 0.00P 31 NO SPEC WALL COVERINGS- NOT IN CONTRACT NIC NIC NIC 0 NONE SHOWN/ NONE INCLUDED 134,500 170== 00000 PAINTING. 0 0 134,500 134,500 INCL 0 1.00:. 1.1.0.3 MOCKUP 0 0 0 0 INCL.. -0 0.00". ,D EXTRA STOCK 0 0 0 0 -' 0.00 . 1.3.E SURK'ACE PREPARATION � � 0 0 0 0 INCL 0 INCL., 0 0.00 1 3.0.1.1, PAINT BEHIND MOVABLE FIXTURES & FURNITURE 0 0 0 0 0 0.00 . PAINT BEHIND PERMANENTLY FIXED EQUIP, WITH PRIMER 0 0 e0 0-' - INCL . PAINT INTERIOR OF DUCTS WHERE VISIBLETHROUGH GRILLS 0 0 0 0 - - - INOL - -0 0.00- . PAINT BACK SIDE OF ACCESS PANELS & HINGED COVERS 0 0 0 0 INCL 0 000 . FINISH EXT. DOORS ON TOPS, BOTTOMS & SIDE EDGES 0 0 0 0 INCL 0 0.00` .5 PAINT. MECH AND ELEC WORK EXPOSED 1N EQUIP ROOMS & OC 0 0 0 0 INCL 0 0.00 OTAL AREA' 2002 10:50 AM 75;453 SP 0 0.00' 0 0.00 O 0.00 0. 0.00 ,. JAMES A. CUMMINGS, INC. 18 0 44. All concealed panel clips are included as galvanized steel in lieu of stainless steel. 45. One hundred (100) linear feet of walkway protection boards are included. DIVISION 8 DOORS AND WINDOWS 46. All wood doors are included as transparent factory finished doors. 47. Finish Hardware is included as an Owner Allowance in the amount of $35,000.00. 48. An electronic door operator is included for the overhead coiling grill at the garage entrance only. The balance of the overhead doors shall be manually operated. 49. All exterior aluminum windows are included as non -operable impact resistant storefront assemblies with a clear anodized finish and 9/16" laminated PPG Solex green tinted glass. The window marks are included as the following sizes: A. 4'-0" x 6'-0" B 10'-0" x 10'-6" H 4'-0" x 6'-0" J 4'-0" x 4'-0" K 2'-8" x 2'-8" L 4'-0" x 41_0 E 4'-0" x 4'-0" (Horizontal Slider) I 4'-0" x 6'-0" 50. All exterior aluminum entrances are included as impact resistant with a clear anodized finish and 9/16" laminated PPG Solex green tinted glass with surface mounted closers and manufacturer's standard hardware as tested. The following door marks are included: C -1/A; 101A, 101B, IOIC, 104B; 201A, 20113, 203B, 203C, 203D and 203E 51. All interior aluminum windows are included as non -impact resistant storefront assemblies with a clear anodized finish and 1/4" clear tempered glass. The window marks are included as the following sizes: 6'_4"'x'4'_O" G 6'4" x 4' -On D 4'-0"x 4'-0" C 4'-0" x 4'-0" 6 DIVISION 6 - WOODS AND -PLASTIC 30. Pressure treated lumber for wood trusses is not required and is not included.; 31. All exterior architectural woodwork, including wood fascia, canopy beams, canopy rafters, decorative brackets and 2" x 6" T&G decking, is included as solid Southern Yellow Pine. Cedar exterior architectural woodwork is not included. All exterior architectural woodwork is included as CCA pressure treated in lieu of preservative treatment by non -pressure method. Plastic laminated plywood shelving isineluded in all rooms per °theinterior elevations, with the exception of rooms 1214 and 1043, which are included as metal per, the response,to RFI #0011.. 34. All wall cubbies are include3 per the quantities shown on the interior elevations not per the floor plans. 35. Wood base is not required and is not included. DIVISION 7 -THERMAL AND MOISTURE PROTECTION Fluid applied waterproofing is included on the structural slab at the covered patios located above the parking garage. 37. Cementitious waterproofing similar or equal to Thoroseal is included at all above grade exterior walls up to elevation 0`-0 38. Deck coating similar or equal to Sonoguard is included at the second floor exterior balcony. 39. Caulking of both The interior and exterior ofthe tilt -up wall panel joints is included. 40. Sprayed -on fireproofing is not included per the Architect's response to RFI #0003. 41. Sprayed -on thermal insulation is not included per the Architect's response to RFI #0003. 42. The standing seam metal roof system is included as 24 -gage 16" wide panels with all required galvanized steel trim and flashings. All components are included with an Acrylume clear acrylic finish in lieu of the 20 -gage metal roof panels or Kynar finished metal roofing components. 43. Gutters and downspouts are not included. 5 18. Architectural concrete, colored concrete, exposed aggregate finish, sandblast fmish, form liners, etc are not included. 19. Concrete finish of the parking garage walls are included as a rough form finish. All surface defects and snap tie holes will be patched and raised fins will be removed. 20. Waterstop for all concrete construction joints below grade are included as bentonite similar or equal to RX 101 by Volclay. Expansion joints in the mat foundation below the water table are not included. 21. Studrails at the heads of the cast -in -place columns in the parking garage are not required and are not included. 22. All concrete slabs shall be cured with a chemical, curing compound. DIVISION 4 - MASONRY 23. All block is included as standard concrete masonry units per ASTM C-90 Type II. All block is included as normal weight, strength, color and finish. High strength concrete masonry units are not included. 24. Masonry wall assemblies shall meet fire resistance requirements as indicated on the drawings. UL rating of individual block are not available and are not included. 25. All decorative raised bands are included as foam with an EIFS finish coat. DIVISION 5 - METALS 26. One hundred sixty four (164) each 3" x 3" x 36" surface mounted galvanized steel corner guards are included in the parking garage. 27. Steel pan stairs with field painted, shop primed steel handrails and picket railings are included at Stair S1, 82 and S3. 28. All exterior handrails and railings are included as aluminum with a powder coated finish and horizontal stainless steel wire pickets Field painted is not required and not included. 29. Specification Section 05410 - Pre -Engineered Structural Stud Trusses are not required and are not included. 4 5. Permit fees are included as an Owner Allowance in the amount of $85,000.00. 6. The cost of environmental permits and fees required for dewatering. systems shall be paid from the Owner's Allowance Account for penults. 7. Sheet piling are included for deep excavation for the garage and the installation shall be made using egiiipment"and procedures that are standard n the industry. DIVISION 2 - SITEWORK 8. This estimate is based on the Geotechnical Report dated August 21, 2001 as prepared by Wingerter Laboratories, Inc. All costs required to remedy and modify existing unknown subsurface conditions, inuludinginsuitable and/or contaminated soils are not included. 9. Landscaping, Irrigation and Sod are included as. an Owner Allowance in the amount of $75,000:00. 10. All existing trees which will not requirerelocation and are in conflict with new construction shall be demolished and removecl from the site by Cummings:' 11. Topsoil is included under the sod as two inches (2") thick. 12. Augercast piles are not required and are not included 13. All pavement markings in the parking garage are included . as traffic. grade paint. Thermoplastic traffic markings are not included 14. Three (3) each drainage system disposal wells are included with a maximum well capacity of 750 gpm/foot of head. 15. Concrete pavers are included as earth tone color pavers 4" x 8" x 2 3/8" in a herringbone pattern using standard grey cement. DIVISION 3:- CONCRETE 16. All concrete is included as standard mix concrete. All special requirements including but not lirrmited to cement contents, rust inhibitors ,integral waterproofing, superplasticizers, admixtures, etc. are not included. 17. Cast -in -place wails at the parking garage are included as bearing directly on the mat foundation without the use of continuous wall footings. 3 Qualifications and Clarifications Where conflicts may exist between these Qualifications and Clarifications and the listed Contract Drawings, Specifications and Architect's letters of direction, these Qualifications and Clarifications shall govern. 1. The Owner Allowances are sums of money established for a particular item of work which scope and description are not sufficiently defined to allow for pricing by Cummings. These Allowances are inclusive of all labor (unless otherwise indicated), payroll taxes and insurance, material, sales and use tax, equipment, services, general requirements, insurance, bond and fee. The following items of work are included as Owner Allowances: Owner Allowances A. Permits B. On -Site Landscaping, Irrigation & Sod C. Finish Hardware D. Visual Aids Boards E. Interior Signage F. Exterior Signage G. Residential Appliances and Equipment H. Miscellaneous Accessories I. Window Shades and Treatments 3. Sand/Oil Separator K. Building Security & CCTV Wired raceway System L. Telephone & Data Empty Raceway System M. Sound System With Wireless Microphone N. Clock System 0. Cable TV System P. UPS Stand AloneUnits -15 each Q. Parking Equipment R. Ceiling Fans S. Tower Clocks $ 85,000.00 $ 75,000.00 $ 35,000.00 $ 3,500.00 $ 4,000.00 $, 5,000.00 $ 5,000.00 $: 10,000.00 $ 7,500.00 $ 10,000.00 $ 30,000.00 $ 20,000.00 $ 30,000.00 $ 10,000.00 $ 20,000.00 $ 4,500.00 10,000.00 2,500.00 $ 30,000.00 The costs included in this proposal are as specifically identified in this proposal and are as specifically shown in the enumerated contract documents. This proposal is based on the Technical Specifications dated September 14 2001 for the Village of Key Biscayne. Recreation Center as prepared by Robert Currie Partnership, Inc. Builder's Risk Insurance is included. GENERAL CONDITIONS VILLAGE OF KEY BISCAYNE RECREATION CENTER GMP PROPOSAL DATE: OCTOBER 17, 2002 DESCRIPTION QUANTITY UNITS U.P. . MATERIAL 1f3 a UYP. _ _ .LABOR 41.P..'_ SUB,- PRTSI TOTAL .> _CQN STRU TION< EHASE FNFe (ALL OMER 'E13 tibtt4n JMSA.0 __G Q1I MlMT$ TO - E $l1$JPE - EO A3 COST REIMBURSIBLES.. DESCRIPTION QUANTITY UNITS U.P. MATERIAL U.P. LABOR SUB PRTBJ OPERATIONS MANAGER 10 WKS 0 0 3,000 30,000 PROJECT MANAGER 61 WKS 0 0 1,500 91,500 PROJECT ENGINEER 61 WKS 0 0 900 54,900 GENERAL SUPER 61 WKS 0 0 1,500 91,500 SECREtARYs JOBSITE 61 WKS 0 0 500 30,500 VP ESTIMATING 5 WKS 0 0 3,000 15,000 CHIEF ESTIMATOR 5 WKS 0 0 1,250 6,250 SENIOR ESTIMATOR 5 WKS. 0 0 1,100 5,500 SECRETARY- MAIN OFFICE 5 WKS 0 0 550 2,750 CHIEFFINANCIAL OFFICER -MAIN OFFICE : 5 WKS 0 0 1,500 7,500 ACCOUNTANT- MAIN OFFICE 5 WKS 0 0 550 ` , 2,750 PAYROLL- MAIN OFFICE 5 wKs 0 . 0 550 : ; 2,750 TELEPHONE CHARGES 14 MOS 600 600 '. 8,400 8 400 0 0 0 0 TRANSPORTATION & FUEL 14 MOS - OFFICE SUPPLIES 14 MOS 700 9,800 0 0 PICKUP TRUCKS 14 MOS S00 ''' 11,200 0 0 AUTOMOBILE EXPENSE 14 mos 800 :. 11,200 0 "' 0 SUBTOTAL 49,000 340,900 CHECK TOTAL SALES TAX TOTAL 10/17/2002 10:56 AM JAMES A. CUMMINGS, INC. o TOTAL 0 15,081. . 45,081, 0 45,997. 137,497 82,498 0 27,598' 0 45;997 - 137,497 0 15,332 ', 45,832 22,541 0 7,541 0 3,142 9,392 0 2,785 8,265 0 1,382 4,132 0 3,770 11,270 0 1,382 4,132 0 1,382 4,132 0 ,' 0 8,400 0 0 8,400 0 ` 0 ' 9,800 0 r 0 : 11,200 0 0 11,200 0 171,370 501,270 GENERAL CONDITIONS VILLAGE OF KEY BISCAYNE RECREATION CENTER GMP PROPOSAL DATE: OCTOBER 17, 2002 DESCRIPTION CHECK TOTAL SALES .TAX TOTAL 0/17/2002 10:17 AM VILLAGE Or't Y BISCAYNE QUANTITY UNITS U.P. MATERIAL U.P. LABOR U.P. SUB PRT&I TOTAL.. SUM TOTAL 351,787 6,215 358,011 JAMES A. CUMMINGS, INC. GENERAL"CONDITIONS' VILLAGE OF KEY BISCAYNE RECREATION CENTER GMP PROPOSAL DATE: OCTOBER 17, 2002 DESCRIPTION QUANTITY UNITS U.P. MATERIAL U.P. LABOR U.P. SUB PRT&I TOTAL SUM TOTAL OPERATORS 0 0 0 0 0 0 0 0 0 PROTECT ELEV. CABS 1 LS 500 500 500 500 0 392 1,392 1,425 TRUCK CRANE •RENT 40 HRS 0 - 0 0 0 100 4,000 0 4,000 4,000. TRUCK CRANE • OPER 0 0 0 0 0 0 0 0 0 TRUCK CRANE • FUEL 0 0 0 0 0 0 0 0 0 TOWER CRANE •RENT 0 0 0 0 0 0 0 -0 0 TOWER CRANE•ERECT 0 0 0 0 0 0 0 0 0 TOWER CRANE-DISMNTL 0 0 0 0 0 0 0 0 0 TOWER CRANE-OPER 0 0 0 0 0 0 0 0 0 FOUNDATION PAD 0 0 0 0 0 0 0 0 ENGINEER•STRUCT 0 0 0 0 0 0 0 0 JUMP" CRANE 0 0 0 0 - 0 0 0 0 O 0 0 0 0. 0 0 0 O 0 0 0 0 0 0 0 - 0 SEE FRWK. 0 0 0 0 0 0 0 SEECONC. 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 LS 1500 1,500 0 0 0 0 1,500 O 0 -- 0 0 0 0 0 0 1 LS 10000 10,000 0 0 0 0 10,000 0 0 0 0 0 0 0 0 0 0 0 0 0 -0 - 0 SEE C.P.FEE 0 - 0 0 ,0 0 SEE C.P.FEE 0 0 0 0 0 1 LS 3000 3,000 0 0 0 95,610 .48,300 - 170;019 POWER & CABLE EXP SHORING & RESHORE SPECIAL CRANES CONCRETE PUMP PERSONNEL HOISTS COMPRESSORS GENERATORS DEWALT SAWS VIBRATORS CEMENT FIN. MACH. TRANSITS SKILL SAW & DRILL MISC. SMALL TOOLS EQUIPMENT REPAIRS DUMP TRUCKS PICKUP TRUCKS AUTOMOBILE EXPENSE RADIOS SUBTOTAL 02 10:17 AM JAMES A. CUMMINGS, INC. 0 0 0 0 0 0 1,598 0 10,650 0 0 37,867 0 3,000 351,797 0 3,195 358,011 GENERAL CONDITIONS VILLAGE OF KEY BISCAYNE RECREATION CENTER GMP PROPOSAL DATE: OCTOBER 17, 2002 DESCRIPTION TRASH REM.- DUMPST. TRASH CHUTES: FIRE PROTECTION TEMP. WATER PROT. HURRICANE PROTECT TEMP. HEAT COOL WATCHMAN SERVICES BUILDERS RISK INS GENERAL LIABILITY INSURANCE BREAKAGE • WINDOW DAMAGE -MATERIALS STOLEN MATERIALS O.S.ILA. FINES ENVIRON, CONTROLS PROJECT MANAGER ASST ENGINEER GENERAL SUPER ASS'T SUPERINT. FIELD ENGINEER COST ACCOUNTANT TIMEKEEPER SECRETARY MESSENGERS MATERIAL HOISTS: RENTAL ERECT & DISMANTLE FREIGHT FUEL &OIL PLATFORM & GATES HOIST OPERATORS..:- PERMANENT ELEVATORS: TEMP MAINT. COSTS. 2002 1017'AM VILLAGE EY BISCAYNE QUANTITY, UNITS U,P. MATERIAL U.P. LABOR U.P. SUB PRT&I TOTAL. SUM TOTAL 150 LOADS 0 0 0 0 300 45,000 0 45,000 45,000 NOTREQ. MOS 750 0 325 0 0 "0 0 0 1 LS 500 500 0 0 0 0 500 533 0 0 0 0 0 0 0 0 0 O -0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ,0 NOT REQ. WKS 0 0 0 0 1,230 0 0 IN MAIN LS 0 0 0 0 0 0 0 0 0- 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O 0 D 0 6 0. 0 0 0 O 0 0 0 0 0 - 0.- "0 0 0 0 0 0: 0 0 0. _.0 O ,. 0 0 0 .0 0 0 0 SEE C.P.FEE 0 0` 0 0 0 0 0 0 0 0 0 0 0 0 0 0 SEE C.P.FEE' '0 0_ 0 0 0 0 0. 0 SEE C.P.FEE 0 0 0 0 0 0 0 SEEC.P.FEE' 0 0 0 0 0 0 0 0 SEE C.P.FEE 0 0 0 0 0 0 0 0 SEE C.P.FEE 0 0 0 0 0' 0 0 0 SEE C.P.FEE 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O 0- 0 0 0 - 0 0 0 0 0 :MOS. 0 0 0 0 0 0 0, 0 0 LS 0 0 0 0 0 0 0 0 0 LS 0 0 0 0 0 0 - 0 0 0 WKS 0 0 - 0 0 0 0 0 0 0 LS 0 0 0 0 0 0 0 0 0 WKS 0 0 0 0 0 0 0 0 0 M05. - 0 0 0 0 400 0 0 0 0 0 0 0 0 0 0 0 0 0 JAMES A. CUMMINGS, INC. 2 QUANTITY UNITS U,P. MATERIAL U.P. LABOR, U.P. SUB ` PRT& TOTAL SUM TOTAL. 24 WKS 50 1,200 700 16,800 0 13-,111 31,171 31,249 1 ,..-L3 - 0 0 0 0 25,700 - `�0 25,700 25,700 14 MOS 800 11,200 0 500 3,000 392 15,092 15,820 NOT REQ. MOS 400 - 0 0 0 0 0 0 0 1 LS 0 0 0 - 7,000 0 7,000 7,000 0 00 .:0 0 0 0 .0 0 0 -0 - 0 -0- O 0 0 0 0 0 0; 0 -0 .0 - 0 '0 0 ° 0-: .. 0 0 0 0 0 0 O 0 0 0 0 0 6,300 0 0 0 0 6,300 6,710 0 0 0 3,000 6,000 �0 6,000- 6,000 0 0 00 ,0 0 ,0... .. . 40,000 0 0 0 •0 40,000. 42,602: 0 0 0 0 0 0 0 5,460 0 0 3,000 0 8,460 8,816: 6,100 '0 0 0 0 6,100 6,497 0 0 0 0 0 0 A 1,000 0 0 0 0 1,000 1,065. 500 0 0 0 0 500 633. 2,500 0 0 0 0 2,500 2,663 0 0 0 -- 0 0 0 :0,: 2,800 0 0 0 0 2,800 2,981" 0 0 0 0 0 0 0 0 0 0 5,000 0 5,000 5,000' O 0 0 50,000 0 50,000 50,000 0 0 0 10;000 0 10,000 . 10,000::. 0 0 0 0.15 11,319 0 11,319 11,319 3,050 500 30,500 0 23,912 57,462 57,660 GENERAL CONDITIONS VILLAGE OF KEY BISCAYNE RECREATION CENTER GMP PROPOSAL DATE: OCTOBER 17, 2002 DESCRIPTION LAYOUT SURVEYS TEMP; BUILDING ARCH TEMP OFFICE TEMP FENCING TEMP. COVERED WALKWAYS - NOT REQ. LF 0 0 TEMP ROADS IN SITE . LS 0 HOUSING RENTAL 0 0 MOVING' EXPENSES 0 0 PER DIEM'EXPENSES - 0 0 TELEPHONE CHARGES SEE C.P.FEE 0 POWER CO CHARGES 14 MOS 450 I. 2 LS 0 NATURAL GAS CHARGES 0 0 UTIL COSTS - TEST 4 MOS 10000 TEMP ELECTRICAL 0 MOS 0 TEMP PLUMBING 84 EACH 65 DRINK WATER&ICE 61 WKS 100 TRANSPORT &FUEL SEE.O.P.FEE 0 BARRICADES • SLABS 1 LS 1000 BARRICADES -MISC. 1 LS 500 BARR-STREET &PEU 1 LS 2500 TEMP. LADD' &"STAIR 0 "0 PROGRESS PHOTOS €14 MOS 200 OFFICE SUPPLIES SEE C.P.FES - 0 ASBUILT"DRAWINGS 1 :LS- " 0 EXTRA DRAWINGS "` 1 LS 0 COMPUTERS,. PRINTER & SOFTWARE 1 LS 0 FINAL CLEANING BUILDING 75,463 SF 0 DAILY CLEAN-UP 61 WKS 50 JAMES A. CUMMINGS, INC. Vlo1AGFT or itel WISCAYNB RECREATION CENTER ARCM TLECT: ROBERT I'6Utpaft93NOl NC. OW 'PROPOSAL )ATE: OCYCSEA 17. 'AWE GE\ ,<'EY6ESCAVNt=. ECREAT[O&N CENTER INCLUL^BL'G MIMING POOL & GARAGE TOTAL AREA 15,4a9 SP ITEM 1 SECTION DESCRI PTIC1t MATERIAL LABOR SUB TOTAL ornat OWNER EXPENSES 1 .TELEPHONE SYSTEMS ANC TELEPIIONES 2..PP&L WORK A DATA CABLING AND SYSTEMS TOTAL OWNER EXPENSES 02 11:40 AM JAMES A. CUMMINGS, INC. 0 71,200 49,500 P.M 154,241 SUSCOCNRACTORS vameJmE0.1AL kS GCV 0 TOTAL VILLAGE OF KEY BISCAYNE RECREATION CENTER ARCHITECT: ROBERT G. CURRIE PARTNERSHIP, INC. GMP PROPOSAL DATE; OCTOBER 17, 2002 VILLAGE L6CREATION CENTER INCLUDING SWIMMING POOL & GARAGE 0 0 0 0 SUBTOTAL 26,305 55,531 7,797,002 7,878,638 CHECK SUBTOTAL: 7,878,838 SALES TAX SS% 1,710 LABOR BURDEN - 43,538 SUBTOTAL 7,924,085 OWNER'S PROTECTIVE LIABILITY INSURANCE 0 BUILDER'S RISK INSURANCE 238,888 PERMITS 85,000 PERFORMANCE BOND , 98,430 DESIGN PHASE FEE CONSTRUCTION PHASE PEE ART IN PUBLIC PLACES CONSTRUCTION CONTINGENCY OWNERS CONTINGENCY OVERHEAD -8 PROFIT SUBTOTAL 8,348,401 NOT INCL. 564,455 SUBTOTAL 8,910,656 135,004 SUBTOTAL 9,045,856 200,000 SUBTOTAL 9,245,856 150,000 SUBTOTAL 9,395,858 422,814 TOTAL 9,818;670 TOTAL AREA 75,463 SF Jly 0.00, 7,924,085 100.43 0.00' 0,00 0.00 0,00 0.00" 0:00 7,924,085 100.43 0.00 0 0:00' OWNER ALLOWANCE 239,886 3.03 OWNER ALLOWANCE - 85,000 1.08 98,430 1,23 0.00. 8,348,401 105.78 0.00' NOT INCL. - 0.00 564,465 7.15- 0,00 8,910,858 112.93 - 0.00` OWNERS ALLOWANCE 135,000 1.71' 0.00 9,045,856 114.64.. 0.00 200,000 2.53 0.00= 9,245,856 117,18 0.00 150,000 1,90` 000 9,395,856 119.08 0.00 5.36 0.00 9,818,070 124.44 422,814 '02 10.56 AM - JAMES A, CUMMINGS, INC. - 27 saLtkOE or KEY BISCAYNE -RECREATIONS CENTER ARCHITECT: ROBERT. O. CURRIE'PARTNERSHIP, INC. GMP PROPOSAL GATE: OCTOBER 17, 2002 Y BISCAYNE LECREATION CENTER INCLUDING SWIMMING POOL & GARAGE 16130 RACEWAY ANO BOXES DRWOB. DUCT BANK CONCRETE 16140 WIRING DEVICES DRW OS. LW' OUTLETS AT POOL ORWGS, CARD. READERS 16220 MOTORSTARTERS 16225 MOTORS'AND MOTORS CONTROLS 2:02 STARTERS 16400 SERVICE DISTRIBUTION 10410 CIRCUIT BREAKERS 10413 SAFETY SWITCHES 16415 , TRANSIENT VOLTAGE SURGE SUPPRESSORS 1.07 WARRANTY ,4 5 YEARS 2.01 SURGE SUPRESSION MAIN ELECTRICAL SERVICE ENTRANCE .::2.02 SURGE SUPRESSION ON DISTRIBUTION AND BRANCH CIRCUIT P SURGE-SUPRESSION FOR FIRE ALARM, BMS ANO SECURITY 16440 PANELBOAROS 16460 DRY TYPE TRANSFORMERS 16490 FUSES 16510 INTERIOR LUMINAIRES 2,02.A ADDITIONAL SPARSLAMPS ' 2:14.A MOTION DETECTOR IN EACH TEACHING SPACE 46520 EXTERIOR LUMINAIRES , 2,11 CONCRETE BASES DRWOS. Mi 4 3 FOOT CANDLES OF ILLUMINATION AT POOL 10720 FIRE ALARM SYSTEM 1A. GUARANTEE -1 YEAR INCLUDING MAINTENANCE ORWGS.SMOKE_DETECTORS - DRWGS.DUCT DETECTORS ORGV13S. FIRE CAULK AT PENETRATIONS THROUGH FIRE BARRIERS 10726 TELEPHONE AND DATA EMPTY RACEWAY SYSTEM 2.05 WIRING DEVICES FOR COMPUTER OUTLETS 2.06 STATIC UNINTERRUPTIBLE POWER SUPPLY FOR FILE SERVERS 2,05.A DEDICATED SURGE SUPPRESSION GROUND DUPLEX RECEPTAC 1.00,A UPS SYSTEM IN COMMUNICATION EQUIP ROOM .0 UPS SYSTEM IN THE DATA PROCESSING ROOM .0 UPS SYSTEM IN COMMUNICATION CLOSETS .0 UPS SYSTEM IN MEDIA CENTER ,E UPS SYSTEM IN THE ADMINISTRATION SUITE NO SPEC LIGHTNING PROTECTION SYSTEM 0 0 0 0 0 0 o 0 0 o " 0 0 o o 0 o o 0 0 o 0 0 0 0 0 0 0 o 0 0 0 0 0 0 0 O 0 0 0 O 0 0 0 o a 0 0 O 0 0 0 O 0 0 0 0 0 0 0 o 0 0 0 0 0 0 0 o 0 0 0 O 0 - 0 0 O 0 0 0 O 0 a 0 o 0 0 0 o 0 0 0 0 0 0 0 0 0 0 - 0 0 0 0 0 o 0 0 0 0 0 0 0 0 0 0 0 O 0 0 0 O 0 0 0 0 0 0 0 o 0 0 0 N10 N10 NIC NIC N1C. :NIC NIC NICE NIC NIC NIC NIC NIC NIC NIC O 0 0 O INCL 0 INCL O INCL O - INCL 0 INCLUDED IN OWNERS SECURITY ALLOWANCE INCL INCL. INCL INCL INCL INCL INCL INCL INCL INCL INCL INCL INCL INCL INCL INCL- 1110L INCL INCL INCL INCL INCL INCL INCL, INCLUDED AS OWNERS ALLOWANCE INCL NOT INCLUDED NOT INCLUDED O NOT INCL. (STAND ALONE UPS ALLOW. INCL.) 0 NOT INCL (STAND ALONE UPS ALLOW. INCL.) 0 NOT INCL. (STANDALONE UPS ALLOW. INCL.). 0 NOT INCL, (STAND ALONE UPS ALLOW, INCL.) 0 NOT INCL. (STAND ALONE UPS ALLOW. INCL.) O INCL 75,463 SF 0 000 0 0.00 0 0.00 0 0.00 0 0.00 O 0.00 O 0.00 tl 0100. 0 0.00 0 0.00 0 0.00 0 0.00 p 0.00 0 0.00 0 0.00 p 0.00 0 o.00 0 0.00 0 0.00 0 0.0a 0 0.00 O 0.00 0 0:00 0 0.00 0 0.00 O 0.00 0 0,00 6 0.00 0 0.00 0 0.00 O 0,00 0 0.00, 0 0.00 a 0.00 0 - 0.00 O 0.00 0 0.00 O - 0.00 0 0,00 0 0.00 /2002 10:56 AM JAMES A. CUMMINGS, INC. 26 A VILLAGE OP KEY BISCAYNE RECREATION CENTER ARCHITECT: ROBERT G. CURRIE PARTNERSHIP, INC. OMP PROPOSAL DATE: OCTOOER 17, 2002 VILLAGE c _;3Y BISCAYNE SGREATION" CENTER`1NELUDING 15850 AIR OUTLETS AND INLETS 15900. BUILDING AUTOMATIC TEMPERATURE CONTROLS 1:09 WARRANTY - 1 YEAR '' 202 TRANS. TRACER SUMMIT SYSTEM 2,03.0 HARDWARE: PC, MODEM PRINTER, SACNET AT -EACH WORK ST .D SYSTEM SOFTWARE 2.08.0 COMM PORT, REPEATERS HUBS, ROUTERS FOR INTER•NETWOR J,03. CONTROL AND INTERLOCK WIRING 15030 AII(TERMINAL UNITS 15990 TESTING, ADJUSTING AND BALANCING 15905. START UP AND CERTIFICATION NO SPEC FIRE. PROTECTION.. FIRE SUPPRESSION PIPING SITE FIRE ODCV TO BUILDING DRWGS,FIRE DEPARTMENT CONNECTION DRWGS. CONTROL VALVES DRWGS. FIRE SPRINKLER INSIDE MANSARD 38 DIV.10 ELECTRICAL. 16010 GENERAL PROVISIONS 1.01.8.1. TEMPORARY ELECTRIC COMPLETE DLOCK AND PROGRAM SYSTEM COMPLETE ITV TELEVISION SYSTEM COMPLETE SOUND SYSTEM EMPTY RACEWAYS FOR SECURITY SYSTEM 1:04 CONNECTION or EQUIPMENT FURNISHED BY OTHERS 1,07 FIELD PAINTING OF EXPOSED CONDUITS AND HANGERS 1.08 COORDINATION DRAWINGS 2.3- - SUPPORTING DEVICES`' 2,6 CONCRETE BASES DRWGS. PIRE RATED PENETRATIONS 16020. COMPLETION OF'WORK 3.03'. GUARANTEEmt YEAR 16050, - BASIC MATERIALS AND METHODS 16080 GROUNOING ' - 18070 EQUIPMENT BASES AND SUPPORTS 18088 ACCEPTANCE AND PERFORMANCE 1.01.A TESTING BY CONTRACTOR • NIC 10120 WIRE AND CABLE DRWGS. CONDUIT ANO WIRE FOR GATE CONTROLS 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0' 0' 0' 0 0 0 0 0 0 0. 0 0 0 0 0- 0 0 0 0 0 0 0 0 0 0 0 0 .0, 0 0 0 YIIIMMING iiOL &`-GARAGE TOTAL AREA 75,463 SF. 9 0 - INCL: 0' O 0 INCL 0 0 - 0 - „...i.:.a INCL. 0. o - 0 LUOED AS CARRIER OR TRANS 0 0 0 INCL 0 O 0 INCL -9- O 0 NIC- BY OWNER 0 O 0 - . INCL 0 0 0 INCL 0 0 0 -INCL 0 O 0 INCL 0' 0 0 "INCL" - 0 0 0 INCL 0' 0 0 INCL 0 0 0 "INCL- 0 O 0 INCL' - 0- O 0 INCL AS OWNER ALLOWANCE OF $7,000. • 0 0- 0 0 541,063 541,983 DEISONDED' 541,983 9' 0 INCL 0' 0 INCL' 0 0 INCLUDED AS OWNERS ALLOWANCE 0 0 INCLUDED AS OWNERS ALLOWANCE ` , 0 0 INCLUDED AS OWNERS ALLOWANCE 0 0 INCLUDED AS OWNERS ALLOWANCE'' 0 0 .. INCL:. O 0 INCL 0 0 INCL 0 0 _ - " -INCL 0 0 INCLUDED IN CONCRETE 0 0 INCL 0 0 0 ,- INCL' 0 0 0 INCL ' 0 0 0 INCL 0 0 0 INCL 0 0 INCL: O -.0 INCL O 0 NIC. BY OWNER 0 0 INCL 0 0 INCL JAMES A, CUMMINGS, INC. 0.00' o.66 OA ' oaa 0000 0.00' 0*" 0.00 0.00' 0.0`0': 0.0iP 0.0 000` 006' 7.1k - 0.0a' 0.00 0 006, 0 oo 0 0.00 1 0' 0 0 0 0 0 0 0.001$. 0.00 -qt 0.00, 0.00` 0.005. 0.00 0.00 0.00 0.00 0.00 0.00 VILLAGE OP KEY BISCAYNE •RECREATION CENTER ARCHITECT; RORER G. CURRIE PARTNERSHIP, INC. GMP PROPOSAL OAi n OCTOBER 17, 2002 3,03 -DISINFECTION OF DOMESTIC WATER PIPING SYSTEM 15184 REFRIGERATION PIPING AND SPECIALTIES 15410 -'-PLUMBING FIXTURES 1:07 WARRANTY w 5 YEARS DRWGS. ELECTRIO WATER COOLERS 15430 PLUMBING SPECIALTIES DRWGS, DUPLEX PUMP SYSTEM AT EXHAUST VENTS DRWGS. SUMP: PUMPS - DRWGS. SANDIOIL BEI+ERATOR DRWGS TRENCH DRAIN DRWGS, NOSE. BIERS AT SWIMMING POOL DRWGS. RINSE -SHOWERS AT POOL ' WATER' METERS: FURNISHED BY UTILITY COMPANY - NIC 15480 -_ WATER HEATERS 2.02.H WARRANTY 6 YEARS 157-20 AIR HANDLERS 1,00 PROVIDE EXTRA SET OF AIR FILTERS 3.01.F FILTRATION DURING CONSTRUCTION 3.02 TEST AND ADJUST DRWGS.CONDENSATE PIPING ' DRWGS. OVERFLOW SCUPPER PIPING 15780 PACKAGED ROOFTOP AIR CONDITIONING UNIT -1.07 WARRANTY 11 YEAR FOR ALL AIC UNIT COMPONENTS EXTEND WARRANTY 4 YEARS ON COMPRESSOR & MOTOR 2:06. -MOTORS & DRIVES 210 ROOF CURBS 2.13 CONTR043 AND CONTROL WIRING 3.04 TEST AND ADJUST 15184. AIR COOLED. CONDENSING UNITS 1.3.A - WARRANTY • 5YEAR .15010 . DUCTS 2,08-. ACCESS PANELS 2.10 LOWERS 3.01,P MOTOR OPERATED DAMPERS ON OUTSIDE AIR MAKEUP DUCTS 3;02. ADJUSTING AND CLEANING DEMOS. FIRE DAMPERS DRWGS. AIR DUCT SMOKE DETECTORS 16830 FANS _ _DRWGS.. GARAGE EXHAUST FANS DRWGS. KILN HOOD 2002 10:56 AM ECREATION CENTER INCLUDING SWIMMING POOL & GARAGE 0 o INCL O 0 INCL 0 0 .INCL 0 0 :INCL 0 0 - INCL 0 0 .INCL 0 0 INCL O - 0 INCL 10,000 10,000 OWNER ALLOWANCE 0 . 0 - INCL 0 0 - INCL o 0 INCL O 0 NIC- BY OWNER 0 0 INCL O 0 INCL O O 0 0 0 0 O 0 O 0 0 0 0 0 0 -0 0 0 0 0 0 0 0 0 0 - 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o O 0 0 0 o 0 JAMES A. CUMMINGS, INC. INGL INCL INCL INCL INCL INCL INCL INCL INCL INCL INCL INCL INCL INCL INCL INCL INCL INCL INCL INCL INCL INCL INCL INCL INCL TOTAL AREA 75,483 SF 0 0,00 0 0.00 0 0.00 0 - 0.00 0 0,00 O 0.00 0.00 0 0.00 40,000 0,13 0 0.00 0 0.00 0 0.00 o o.00 0 0.00 O 0,00 0 0.00 0 0.00 0 0.00 0 0,00 0 0.00 O 0.00 0 0.00 O - 0.90. 0 0.00 0 0.00 0 0.00 0 0.00 0 0.00 0 0,00 0 0.00 0 0.00 0 0.00 0 0.00 0 0.00 0 0.00 0 0.00 0 0.00 0 0.00 0 0.00 b 0.00 24 VILLAGE OP KEY BISCAYNE RECREATION CENTER ARCHITECT: ROBERT G. CURRIE PARTNERSHIP, INC. OMP PROPOSAL GATE: OCTOBER 17, 1002 hECREATION.CENTER INCLUDING SWIMMING POOL &' GAM GE PASSENGER 2500 LBS; 150 FPM WHEELCHAIR LIFT AT POOL 37 DIV..15 MECHANICAL-.- 14VAC> PLUMBING FIRE PROTECTION 15010 GENERAL REQUIREMENTS 1,7. GUARANTEE a 1.YEAR 1.8 90 DAYS OF FULL SERVICE AND MAINTENANCE 2.1C ACCESS, PANELS:. - - .1 EQUIPMENT SUPPORT MATERIALS ,K HANGERS AND INSERTS :M SLEEVES .0 VIBRATION ISOLATORS 3.1.0 MECHANICAL EQUIPMENT PAINTING COORDINATION DRAWINGS «ROUTING OF EQUIPMENT BASES 15050 BASIC MATERIALS AND METHODS 2.A ELECTRIC MOTORS 15055 MOTORS CONTROL WIRING 15060 HANGERS AND SUPPORTS 2.04 EQUIPMENT CURBS 2.05 SLEEVES 3.03.A CONCRETE HOUSEKEEPING PADS 3.04 PLASHING 15070 • MECHANICAL SOUND AND VIBRATION CONTROL 2:03 VIBRATION ISOLATORS 2.04 DUCT SILENCERS 15075 MECHANICAL IDENTIFICATION 15078 FIELD PAINTING 15083 DUCT INSULATION 15080 PIPE INSULATION 2.03.B UV INHIBITED VINYLIATEXFINISH ON PIPE EXPOSED TO WEATH 15105 PLUMBING PIPING 2.01 CAST. IRON, COPPER OR PVC PIPE FOR SANITARY SEWER PIPING 2.02 COPPER PIPE FOR DOMESTIC WATER PIPING 203 CASTIRON PIPE FOR STORM WATER PIPING 3.01.7 SECONDARY EMERGENCY ROOF DRAIN SYSTEM 1/2002 10,56 AM TOTAL AREA 75,453 SF o 0 0 INCL d 0.dk .'- o 11,412 11,412 ACCESSABILITY LIPT$IBONQEP 11,412 0.15 o 0 0 0 0,00:;.: 0 p. 0 0 d.o0:. 0 344,713 344,713 COLTECI$ONQEQ 144,71$, 4.57.''+� 0 187,451 187,451 MANNY&LOUIBONQED 187,451 241 0 120,206 120,208"FRANCIS' ENGINEERINGICARRIBBEANIBONDEO 120,208 1.80;;. 0 0 0 INCL 0 0.00>. o 0 INGL. 0. 0.00<. 0 0. 0 INCL. 0 0.002;. p. 0 0 INCL 0 0,00 0 0 0 - INCL 0 090, 0 0: 0 INGL 0 OAS'. 0- 0 0 INCL - 0 0.00.; O 0 0 INCL; 0 D,0¢;. o 0. 0. INCL 0 000,E p. p 06 " INCL 0 O.OQ; p., 0 p. "INCL:. D 0.00 0. 0 0. INGL 0 0.01};.. O 0 0 INCL 0 0.00r p 0 0 - INCL 0 0.94 a.. 0 0. 0. .. INCL. 0 OQU°.,' 0 0 0 INCL. _ 0 4a6T•_ 0. 0 0 - INCL. 0 0.00`. p 0 0. INCL 0 0;99s`.•::. 0 0 0 INCLUDED IN CONCRETE.- 0 0.6b_`; 0 0 0 ' INCL - 0 0.07-u 0 0 0 INCL 0 0.00 ` o 0 0 - INCL' 0 0.00`-=}.. p 0 0 INGL o O.0Ou o : 0 0 11401. 0 0,0P' 0 - 0 0 INCL 0 0.00 is 0 0 0 IN01. 0 000` 0 ` 0 0 INCL "'0 0.000 • 0 0 0 INCL 0 0.00 p 0 0 - _ INCL.' 4, - 0 0,00 _.. 0.. ._ .p, 0 .., _ - `INGL'' o o.00 0 0 0 - INCL 0 0.00- 0 0 0 mi. 000'. 0 0 0 .INCL 0 0,00 JAMES A. CUMMINGS, INC. VILLAGE or KEY BISCAYNE REDRBXTION CENTER ARCHITECTI ROBERT 0. CURRIE PARTNERSHIP, INC, OMP PROPOSAL DATE: -OCTOBER -17, 2002 KEY BISCAYNE RECREATION CENTER INCLUDING SWIMMING POOL &:GARAGE -1.1.E - WARRANTY. 1 YEAR 1.2.13 "TILT 8, ROLL BLEACHERS CLEAR"ANODIZED -FINISH ON SEAT PLANKS : MILI:FINISH ON TREAD PLANKS NO SPEC SWIMMING POOL EXCAVATION, 'AGM -ILL AND COMPACT DEWATERINO HAUL EXCESS PILL MATERIAL OFF SITE ORWOS. ALL POOL PIPING IS T09E PVC SCHEDULE 40 ORWGS. LIFE GUARD CHAIR DRWGS. POOL LADDERS. '. DRWOS.LANE DIVIDERS bRWOS: GUY WIRE STANCHIONS DRWGS. STARTINGPIATFORMS DRWGS. STAINLESS STEEL FOOT & SHOWER TOWER DRWGS. POOL SIGNAGE - DRWGS, POOL MARKINGS MING$. POOL EQUIPMENT DRWGS. DIAMOND BRITE INTERIOR SURFACE DRWGS. CERAMIC TILE DRWGS. COPING ORWOS. UNDERWATER POOL LIGHTING DRWGS, IMPERVIOUS SLIP RESISTANT SPRAY DECK SURFACE AT. POOL D DRWGS. FILTRATION SYSTEM ORWGS.POOL'COLLECTOR TANK DRWGS, DRYWELL -" ORWGS.RECIRCULATION PUMP DRWGS. ELECTRIC WIRING & HOOK UP OF ALL POOL EQUIPMENT ORWOS.COMPETITIVE POOL HOLD DOWN PILES AT POOL DEWATERINO SYSTEM AT. POOL 38 14240 HYDRAULIC ELEVATORS 1A.F MAINT, SERVICE * 12 MONTHS 1.2.8.5 CAR ENCLOSURE SATIN FINISHED STAINLESS STEEL .1. BATTERY OPERATED LOWERING IN DURING POWER OUTAGE 8 PADS$HOOKS .K CAR STALL PROTECTION ,0 "HANDSOFP"TELEPHONE 0 0 0 0 0 0 0 0 0- 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O 0 0 0 288,831 288,831 0 0 O " 0 O 0 O 0 O 0 O -o 0 0 0 0 O 0 O 0 0 0 0 0 0 0 O 0 0 0 0 0 O 0 0 0 0 0 0 0 0 0 0 0 O 0 0 0 40,290 40,290 0 0 0 0 45,478 45,478 0 -0 0 0 0 0 O 0 0 0 0 0 /17/2002 10:56 AM : - JAMES A. CUMMINGS, INC. TOTAL AREA 75,483 SF J _. 0 0,00 0 0,00 0 0.00 0 0,00 0 0,00 EDWIN GREEN/BONDED 288,831 :, 3.50 INCL 0 0.00 INCL 0 ' 0,00 INCL 0 -- 0.00 INCL 0 0.00 INCL - 0 0.00 11401 0 0.00 INCL 0 0.00 *401 0 0.00 INCL "0 0.00 INCLUDED IN PLUMBING - 0 0.00 INCL - 0 0.00 'INCL 0 0.00 INCL 0 0.00 INCL 0 0100 INCL 0 0.00 INCL 0 0.00 INCL 0 0.00 INCL 0 0.00 INCL 0 0,00 INCL 0 .0:00 INCL 0 0.00 INCL 0 0.00 INCL 0 0.00 INCL 0 0.00 HJ FOUNDATIONS/BONDED 40,290 - 0.53 INCL IN. POOL - 0 0.00 iJAC 0 0.00 OTIS/BONDED -45,478 0.80 INCL 0 0.00 _ INCL 0 0.00 INCL ' 0 0.00 INCL 0 0.00 INCL 0 0,00 INCL 0 0.00 INCLUDED WITH ATHLETIC EQUIPMENT INCLUDED WITH ATHLETIC EQUIPMENT INCLUDED WITH ATHLETIC EQUIPMENT INCLUDED WITH ATHLETIC EQUIPMENT 22 VILLAGE OF KEY BISCAYNE RECREATION CENTER ARCHITECT: ROBERT G. CURRIE PARTNERSHIP, INC. OMP PROPOSAL DATE: OCTODER 17, 2002' 11132 PROJECTION SCREENS 1.2.A FRONT -PROJECTION SCREENS - ELECTRIC ,1. 70". X 70. VIEWING SURFACE 11450 RESIDENTIAL EQUIPMENT DRWGS. MICROWAVE OVEN 1EACH DRWGS. PIZZA OVEN -1 EACH DRWGS. DISHWASHER • 2 EACH DRWGS,REFRIGERATOI*IFREEZER• 4 EACH DRWOS.ICEMACHINE • 2 EACH DOJOS. WARMING DRAWS DRWGS. GARBAGE DISPOSAL' DRWGS, STAINLESS STEEL COUNTERTOP & BACK SLASH VENDING MACHINES. MC 11480- ATHLETIC. EQUIPMENT 1.2.0 CEILING SUSPENDED FORWARD FOLD BACKSTOPS • 8 EACH cD ' RECTANGULAR GLASS BACKSTOPS - 6 EACH .5 BASKETBALL: GOALS -6EACH .F ELECTRIC WINCH - 6 EACH ,O MASTER. EQUIPMENT CONTROL .H BACKSTOP AUTO LOCK; SAFETY STRAP ,1 GYMNASIUM DIVIDER CURTAIN J VOLLEYBALL FLOOR PLATESISLEEVES • 2 PAIR ,K VOLLEYBALL STANDARDS • 2 PAIR J. STANDARD PROTECTIVE PADS - 2 PAIR :M VOLLEYBALL NET .2 EACH .N NET ANTANNA .O PROTECTIVE WALL PADDING .P SCOREBOARD- 4EACH DRWGS. BADMINTEN NET - 2 EACH DRWGS BALLET BAR DRWGS.PLAY STATION NO SPEC PARKING EQUIPMENT PARKING BARRIER GATES PUNCH CARD SYSTEMEOR GARAGE CONTROL 34 NO SPEC WINDOW SHADES &TREATMENTS 35 QIV.13 SPECIAL CONSTRUCTION 13125 ALUMINUM BLEACHERS 2002 10:58 AM VILLAGE C BEY BISCAYNE KECREATION CENTER INCLUDING SWIMMING POOL & GARAGE 0 0 0 0 2,400 0 0 -0 70,76 0 0 0 0 0 0 0 0 0 0 0 0 .. 0 0 0 0 0 O_ 0 0 0 JAMES A. CUMMINGS, INC. 0 0 0' 0 70,781 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ' 0 0 0 0 0 0 0 0 INCLUDED WITH ATHLETIC EQUIPMENT 2,40 2,400 FLA. CHALKBOARD 0 INCI, o INCL INCLUDED AS OWNERS ALLOWANCE:,-. 0 INCLUDED AS OWNERS ALLOWANCE _. O INCLUDED AS OWNERS ALLOWANCE 0 INCLUDED A5 OWNERS ALLOWANCE... 0. INCLUDED AS OWNERS ALLOWANCE O INCLUDED AS OWNERS ALLOWANCE INCLUDED AS OWNERS ALLOWANCE INCLUDED AS OWNERS ALLOWANCE INCLUDED AS OWNERS. ALLOWANCE" met BY OWNER_. HUFCORIBONDEO TOTAL AREA 75,463 SF " INCL INCL' INCL INCL INCL- INCL. INCL INCL INCL,., INCL INCL. INCL INCL INCL INCLUDED IN CABLNETRYe INCLUDED AS OWNERS ALLOWANCE UDEO AS OWNERS ALLOWANCE INCLUDED AS OWNERS ALLOWANCE INCLUDED AS OWNERS ALLOWANCE 1,F C om�?. x, LUDED AS, OWNERS -ALLOWANCE. 0 0 6 0.00,...: ._ 0 0.0 70,761 0.04, ,: 0 0.00,, 0. 0.00,.::. 0 0 O,O,Qe 0 0.00,x, 0 0.00`. '. 0 0.00:y 0 0,03- 0.00 • 0.00 0.00 0.06 0.00 0.00= D,qa 0,000; 0.001.,,. 0.00: : 0.05 y, O 0.00' 0- 0.00 '?. D 0.00'.;- - 0 - 0:00v* 0 0.00i0,., O 0.00='3�. 0 0,001:'u? 0 0.00 0 0.00 o 0;00 0 0,00- O 0.00 0 0.00 0 0.00 21 VILLAGe OF KEY. RISCAYNE RECREATION. CENTER ARCHITECT; ROBERT G. CURRIE PARTNERSHIP, INC. GMP PROPOSAL DATE: OCTOBER 17, 2002 VILLAGE C ECREATION CENTER INCLUDING SWIMMING POOL & GARAGE' 10850 OPERABLE PARTITIONS 1.1.F WARRANTY a 2 YEARS 1.2.13,1 HUMOR MODEL 5060-R OMNI-DIRECTIONAL PANELS .3 CLEAR ANODIwwb ARCH GRADE ALUM SUSPENSION SYSTEM A. FACTORY APPLIED VINYLS FABRIC IN THE MULTI PURPOSE ROO FACTORY APPLIED RIBBED CARPET IN THE MEETING ROOMS .0.1 MANUALLY OPERATES; :0 S7C NOT LESS THAN 50 TESTING BY CONTRACTOR -1410 10670° STORAGE SHELVING 1.2.A STEEL STORAGE SHELVING .8,2 5,8" PARTICLE BOARD DECKING .3 FACTORY FINISHED 1.3,8 ADJUSTING 8, CLEANING: 10715 FLEXIBLE WIND ABATEMENT SYSTEMS 1.1.E- DAOE COUNTY PRODUCT APPROVAL 1.4.13.1 WARRANTY n 5 YEAR MANUFACTURERS .2 WARRANT)/ + 1 YEAR INSTALLATION 1.2.A.2 WOVENMONOFILAMENT GEOTEXTILE FABRIC SCREEN BARRIER ,3 NON FERROUS METAL OR 1407 DIPPED GALVANIZED ANCHORS .8 POLYPROPYLENE STORAGE SAGS DRWGS. STAINLESS STEEL BOLT COVERS 10801 TOILET AND SHOWER ACCESSORIES 1.1.F WARRANTY MIRRORS' 15 YEARS 1.3.8 ADJUSTING & CLEANING DRWGS WALL MOUNTED ELECTRIC HAND/HAIR DRYERS NO SPEC TELEPHONE SPECIALTIES. STAINLESS STEEL WI ACOUSTICAL PANELS WALL-MOUNTEb-SHELF TYPE NO SPEC VISUAL DISPLAY BOARDS DRWGS. MARKER BOARDS DRWGS. TACK 130ARD$ NOSPEC MISC, SPECIALTIES DRWGS. TOWER WALL CLOCKS • 3 EACH DRWGS, VIBnACKETS.7EACH DRWGS. WALL HANGING' DISPLAY CASE 140 SPEC ART KILNS - 2 EACH (ELECTRIC) NO SPEC BIKE RACK DIV,11' - EQUIPMENT 2 10:56 AM 1, 0 0 0 0 0 0 0 0 0' 0 0- 0 0 0 0 0 0 0 0 0 0 0 0., 0 0 0 0- 0 0' 0 0 0 0 0 00,373 60,373 HUFCOR 0 0 0 INCL 0 0 0 INCL 0 0 0 11404 0 0 0 INCL 0 0 0 _ - MCI. 0 0 0 ..INCL 0 0 0 INCL O 0 � NIC• BY OWNER 0 9,109 9,109 STORAGECRAFTIBONOED O 0 0 INCL 0 0 0 INCL 0 0 0 INCL 0 0 0 INCL O 22,820 22,520 ARMOR SCREEN CORP. 0 INCL 0 INCL 0. 0 INCL 0 0 INCL 0 . .: 0 INCL O 0 INCL 0 d INCL 9,646 9,646 MULTILINEIBONDEb 0 0 INCL 0 0 INCL 0' 0 INCL ELECHS INCL INCL INCLUDED AS OWNERS ALLOWANCE INCLUDED AS OWNERS ALLOWANCE INCLUDED AS OWNERS ALLOWANCE' 0 0 0_ 0 0 0 0 0 0 0' 0 0 0 0 0- 0 0 0 0 0 0' 360 2,700 0 0 0 0 0 0 0 1,347 0 2,100 0 500 3,500 1,000 500 _ 0 0 0 0 0 0 0 JAMES A. CUMMINGS, INC. 3 2,700 0 0 0 0 0 0 0 1,697 2,100 4,000 1,500 0 0 INCLUDED AS OWNERS ALLOWANCE ALL SPECIALTIES/JAC FLA, CHALKBOARD JAC JAC/WAG TOTAL AREA 78,483 SF 60,373 0.80 0 0.00 O 0.00 O 0.00 0 0.00 0. 0.00 0 0.00 0 0.00 b 0.00 9,109 0.12 0- 0.00 p 0.00 b 0.00 0 ^ 0.00 22,526 0.30 0. 0.00 0: 0.00 0' 0.00 0 0.00 0 0,00 O 0.00 0 0.00 9,640 0.13 0.00 0.00 0.00 2,700 0.04 0 0:00 0 0.00' 0 0.00 0 0.00 0 0.00.:. 0 0.00 0 0.00. 1,971. 0.03 2,100 0.03. 4,392 0.06 1,957 9.03 0 0.00 0 0.09 0 0 0 20 -VIL1AOE OF KEY BISCAYNE RECREATION CENTER ARCHITECT: ROBERT 0, CURRIE PARTNERSHIP, INC. OMP PROPOSAL DATE: OCTOBER 17, 2002 VILLAGE'_, \(EY BISCAYNE 2ECREATION CENTER INCLUDING SWIMMING POOL & GARAGE `- ' " rOraLAREA 75,403 SF .8, BLOCK FILLER - 0 0 0 . 0 INCL "0 0.00 '.9- PRIME COATS 0 0 0 . 0 -. ; . INCL 0 '0.00. tD�E CLEANING &PROTECTION - 0 0 0 0 -' INCL 0 0:00 ,H PRI1vhERCOAT ANDTWO FINISH COATS ONALL SURFACES 0 0 0 0 <. "1 INCL -0 0;'00" DRWGS. PAINT ARKIN(3LEVELWALLS 0 '0 0 0 1'11;01 UOED - 0 S.D6 ORWGS.7EXTURED PAINTED CONCRETE DECKS 0 0 0 0 - -:INCL - = 0 0.00 RFI80b0 PAINT EXTERIOR WOOOWORIC 0 0 0 0 INCL '0 D.00 09060 COATING FOR CONCRETE $MASONRY 0 D 0 ' 0 TNGL '0 0:00 1.1,C.3 MOCKUP 0 0 0 0 •,INCL '0 0,00;-: 1{2:B.1 7EX-COTE PRIMER' '0 0 ;0 0 INCL 0 0.00 .2 TEX-COTE COLOR -COTE 0 0 0 0 INCL 0 D.do 1,34,2 SURFACE PREPARATION 0 0 0 0 - INCL 0 0,00 0 0 0 0 INCL 0 0:00 32 DIV, 10 MISC, SPECIALTIES - 0 0 0 0 -0 0.00" 10155 TOILET` COMPARTMENTS 0 0 18,434 16,434 MULTILINEIBONDED 10,434 0.23- 1:2.6,2 PLASTIC LAMINATE - 0 0 0 0 INCLUDED AS SOLID PLASTIC 0 0:00': ,C,3 FLOOR MOUNTED, OVERHEAD BRACED '0 0 0 0 INCL 0 00 1.3.8 ADJUSTING & CLEANING ' 0 0 0 0 .INCL 0 0,00' DRWGS.50110 PLASTIC TOILET PARTITIONS & URINAL SCREENS 0 -0 - 0 0 :: INCL 10200 STATIONARY METAL WALL LOUVERS 0 8,500 10,118 16,818 rR(CORIJAC 21,71A 0.29 1:24.1 BIRD'SCREENS' 0 0 0 0 11401.. 0 OA$. .6 ALUM: FINISH FLVOROPOLYMER 2 COAT :0 0 0 0 INCL 0 0.00 1:34.2 SEALANTS 0 0 9 0 INCLUDED 114 CAULKING & SEALING" 0 0,00 DRWGS, STORMPROOF - 0 0 - 0 0 - - INCL 0 0 00 10440 INTERIOR SIGNAGE 0 0 0 0 INCLUDED AS OWNERS ALLOWANCE 0 0:00 NO SPEC EXTERIOR SIGNAGE. 0 0 0 0 INCLUDED AS OWNERS ALLOWANCE 0 0.00' 10500 METAL LOCKERS 1410 N1C 1410 0 NONE SHOWN/ NONE INCLUDED 0 0.04:' ORWGS. PLASTIC LAMINATE CUBBIES/ WOOD BENCHES 0 0 .0 0 INCLUDED IN CABINETRY 0 0.69, DRWGS, PLASTIC LAMINATE LOCKERS( WOOD BENCHES 0 0 0 0 NCLUDED IN HIGH DENSITY PLASTIC LOCKERS - 0 0.00.. 10510 li1Oli DENSITY ELASTIC LOCKERS 0 0 13,027 13,621 ELECHS/BONDED 13,621 0,1$ 1.084 WARRANTY R 10 YEARS 0 0 0 0 INCL 0 0.00'. 2103.6 'NUMBER PLATES 0 0 0 0 11401 0 0,00. .E SEPERATORS 0 0 0 0 - INCL "_0 OAS' FILLER PANELS 0 0 0 0 INCL- - 0 0.00 3:03 ADJUST & CLEANING 0 ' 0 0 0 INCL 0 0,00 2.04 LOCKER ROOM BENCHES - 0 0 0- ii; 0 - INCLa:,. 0 0.00 10522 FIRE EXTINGUISHERS AND CABINETS 0. 0 1,687 1,687 TRIANGLE FIRE 1,887 0,02` 1.2-A LARSEN MP -10 FIRE EXTINGUISHERS, 10 LB CAPACITY 0 0 0 0 INCL 0 -0.00 .6 BRACKETS 0 0 0 0 INCL 0 0,0D. - ,C SEMI -RECESSED CABINETS. 0 0 0 0 - INCL - 0 9,00: 2 tQ:56 AM 0 JAMES A. CUMMINGS, INC. 1'9. 52. All interior aluminum entrances are included as narrow stile, non -impact resistant with a clear anodized finish and 1/4" clear tempered glass with butt hinges, surfacemounted closers, push/pull handles and interior thumbturns with cylinder locks. The following door marks are included: 104A, 116A, 116B, 117A, 118A, i19A, 119B, 120A, 20SA, 209A, 210A, 213A, 203A,.. 211A, 213A, 212A, 214A and 215A DIVISION 9 53. Stucco control joints, expansion joints and reveals shall be accomplished using cut and/or raked joints and reveals in the stucco itself Embedded or attached metal or plastic devices and/or reveals m the exterior stucco of any kind are not included. 54. Stucco products are included as manufactured by local suppliers. Stucco is included as job mixed portland cement, sand and water. The stucco base coat includes integrally mixed "Acryl 60" or equal acrylic bonding agent, and no surface applied bonding agent is included. Other special stucco additives are not included 55. All room finishes are included as indicated below: Room # Room Name ' 'Floor - Base :. Walls Ceiling .. 101 :.-Lobby CT _ CT - GWB/PT AC 02 Batmen area .. : CPT -- CPTB -:GWB/PT AC i.Snarx Bar : C7 -CT' GWBICT/ PT AC 104 ;". : We lkress Center CPT! RB CPTB -. GWB/PT AC 104A. Office CPT CPTB - GINS /PT ; AC ;. 1048: .Storage VCT ' RBB GWB/PT AC 1040'. `::Storage VCT .. RBB- GWB/PT - .. AC 105 `. Merh rmm SC none : , none 105 Women's CT - CT - GWB / CT/ PT :'VAC 10 - 1: Men's CT .: CT :GWB./CT/PT VAC 103A '... Janitors Closet VCT RBB ,:. : . . . GWBJ PT : AC Maclt room SC - none GVBJ PT none. 110 Dunuster enclosure SC none _none ,retie Sit-: . VeMam Area CT none .. SOITC : SO/PT. 112>. ` lEnumment S . ': 5C none ; -. none '.0008 113( ' Famfiv :' CT CT ..:,GNIBI CT/PT tt< ` Women's Ci CT. :- ,GAS] CT/ PT VAC 115 <:Men's CT _' CT GWB/CT/PT;, VAC ttsA Dan..&Aerobics VJD , MVCB GWBI PT AC 1156 : Dance&Aerabrcs WD :.MVCB' _ GWB/PT PC .. 1150 Storage : > VCT :' .RBB GWBf PT 117 Toddler CPT CPTB .. GWB/PT PC 117A ,'Stnraoe VCT RBB . GWB/P7 net; 1178 ' Toilet CT CT GWB/CT/ PT VAC.'. 117C Storaoe VCT RBB GWBI PT rove; 118 , -Game room - CPT CPTB GWB I PT AC` 110 : Teen CPT CRIB GYVE / PT PC 120 P¢y Station Re RBB GWB / PT AC 7 121 .,.Gym WD, MVCB' GWB/PT EAP/PT 121A ,,. '.:Storage VGT RBB GWB/PT AC. 121B Storage VCT '...RBB GWB 1 PT 122 Offee VLT' RBB GWB/PT PC 124 Tefeolvre VCT' .. RBB GWB/PT AC .. 12S Storage : VCT j RBB GWB/PT AC C-1 Com Eor :. . .. CT '. ' .. . CT GWB:/PT AC: C-2 Corridor CTS " . CT GWB/ PT .' AC C-3 Corridor CT• GT GWB/PT • AC. Pre -Function CPi ;. ': CPTB ' . '; GWB.1PT AC 82 Warning Kitchen CT 7, CT GWB/CT/ PT VAC .203 _ Meeltrm mom ;(ARCS A). CPT : :CPIS GWBf PT AC 2W B Storasie • rVCTt 't <� e . •'thee 1GWB1PTr ' AC, ..204 '5tnm Li, , VCI" .1l RBB GWBIPT 1 AC 2115. Men''s ,• Il n' CT l �•� �. . CT - GWB/CT/PT . VAC 206 ,Mfanen''s . CT`. '`.+\ •; CT COB/CT/PT' "VAC "+. t.- Sst1 RBB GVJB/PT AC 208 •. ."(Hide' .. , .. . } GWBj:PT ±. ' t s. AC, , CPiH ., .5 i�tB '; '` 7' fMm r 3X-.' . r4}." ;" +CPTH �4TS1:3 ' 2 tft. CPiH GWB/Pis AC1 1y. 21D dN.S�'i .'¢.NSecetary4rtJr' -:, -+. CPTA,144/•.. .w£.CPTB GWB/PT c, AC" 211 �' f31Kc9 " CPT`. .CRIB 11 ` c ; '' GWB/PTA' '. +>'‘'‘AS-' i'. ,212 ;Vda1c room CPT` y. 'CPTB " y t =t GWB/PT,±I '1 `i --ny+AC1. ': `< 713 i .Senor Lounge, CPI CPTB GWBIPT AC 213A y ,. „F .,' . .., :1Moe V �'. r CPT' ,.'. 4 s . • ' dPTB •'• -' 1 ' ,GWBCPT, ' AC Computer robin sit. -`11. CET ,• r. I"CPTB ' C i•"r,'GW$/'PT"^ V ti4..•i � kG 219: )., Cpnsmom - lPf v r Ve-t.,n ' E" 1`,, 0,•,•4'RBB'', . 91y 1' P...swain% irt`_AG x ;21-9,7,-k- i a Stotege(a ', `f . u, vct11,.1 tRsetlel' iS'4W CAWS/PT. . s . sc•. 2156 I ,_ i' E1GNt ' 'x; t< VCT't"" kk A CBE 1F•"+X X,..GY/Bi'PT, 21`0.1 . Y g,,,£TeiB/iraTr n,. • r' '1" a «iRBB'l.e•e r et..A'GWBI'AT,-s , i4c. 94 AC 211 It y an lli7S t ri' .'h vc-r 4$:'4111 .d"$iiRBB-+rta,.•e£` L.. u,GV13/PT;dh"/':t/iri rAC, Cc,,' . Ill tiritlfx%",' s . X .F CPT' "t'"go' JCPTB, 1+-1.a1 :Jr.-, eGWB/,PT „,:,..4llee AC 4i, ,,5S����H• • 1• : ; t ftf t �"1 : p>,yI 't .+L,.tw- t,a ,¢y•. . , . `7 ' A_ rii N'-,6 a .' •Yi�3te"fired Paeal s,1', OF ?^' .m ;CT,s,'•n#�' ! i9, ''k ' :R'417'4 .,, ..,•... IC. t Y 1: ' PT !u t%a+.erRe�4 ft.. i w, 1 . r 'rn N.'�e`�:FCi % �i =TlC'°�XCT�+ '�k,s TC, iii),,,/. PT c�c�' pt( 16�erlP.�4mi4, rc 'E�"?`Ci4- .,.11 v.'- (.1CT4 r!M 1 ` TC Tii.._1 PT Jti. It G ?3. _ ' I IX 'oreredpaia l � F; j'a 4 14(1CT l 11 ,dT ' • s - TC l♦' t ... PT °_6 _i, a"""h iri , /R 'J'. N'�1 A'6PP1tF� rt .. . i � 1. i.`"d,r. P B1 s '1 -ii uig5imry ' 1 °¢ c •/ . lS'c°1L , i i iitt14m � o 1, „6„ „ a...1. ,1111-,„!:, '‘',,'',11, L<p F, c,,,k.`�$tilt PjB M` ruoy '1 r.,err.,,.fh.a.;.'A' 11 i8 ° rY `� f p Y'1 15rr'it l'1q i+�11 �, !£ 1t 'S'.v. i1� °liy 't d� in , a!IM'uli, v, ° .4: 6 Sit 8tf. S-2( ' f ..1rrir�tiiii�R3p'�Y1.'avf,Ceetie4rb: t 1 .+++ t . i C'11,`• � � w...... t *kit , I i `:i $tor *,v(NoMtty1ddyf it rut,,p ,'y'thy'.t'SE'�, is, 4 Mcc iiSC' "�11R�'-li non r '��y ir1n, :113/1.. W., t `} IrM lit' ' '(u Ali ty',}t.'4E ik�e J -'I APc:", . ,�)1 l�R ail i h . e. o -,L w Y'i:� �. . 44' :1 x 5rklbgLefg'' 'ii, C- 'sl wi�i'1 ' "•'l' 4 F4 3'!h.11li't4%o ' , '4.4 ° .. ,. # It: P2' ': . 9i sPno4 1'a 1# I -0. ..'•"i 1diMrii ees.s=. ,441 _ 1., .. ...,.._ - "! 11Lfe . .stCmicrefe ,y R!ood C`k i 4 21rBS-Cer milOiBase ' CSI$, fd a it. �[edt�CEave Base B kubGr '4Fd^m^ '. " �vatls car =it P't P int �F ` e134i' 'board, •�.CFA t`. DOSe{ C 2 cal Ceiling x Z =vFl AcoQvu,al Tile 56. All tile is grouted with standard commercial portrand cement grout in lieu of chemical resistant epoxy grout. 57. Per the Architect's directions, tile at toilet room floors is included as a unit price allowance of $6.00 per square foot, installed. 58. Per the Architect's directions, 90% of the tile at toilet room walls is included as a unit price allowance of $4.00 per square foot, installed and the remaining 10% of the toilet room wall tile is included as an allowance of $6.00 per square foot, installed, for accents. 59. Per the Architect's directions, tile at the Covered Walk Areas, Lobby and Corridor floorsis included as a unit price allowance of $6.00 per square foot, installed. 60. The Wellness Center walls are included as painted. Sound absorption panels are not included 61. Parking garage is included as painted exposed concrete. 62. Gymnasium ceiling is included with a painted exposed structure. 63. All ceiling tile shall be similar or equal to Armstrong Ultima #1912 with a 9/16" aluminum capped exposed tee grid except in the toilet rooms which is included as Armstrong Vinyl Rock tile with a 15/16" aluminum capped exposed tee grid. 64. Thirty Eight (38) each 4'x 8'x 2", seventeen (17) each 4'x 4'x 2", eleven (11) each 4'-6"x 8'x 2" and ten (10) each 2'-8"x 5'-4"x 2" acoustical wall panels are included in the Gymnasium. Wall panels shall be covered in standard Guilford FR -701, Style 2100 fabric or equal. 65. All carpet is included as Prince Street Carpet as manufactured by Bentley or equal. 66. One third of the flooring in the Wellness Center is included as 2' x2' x 3/8" thick Hid-N-Lok II, style HI.150 interlocking rubber floor. The remaining two thirds of the flooring is carpet. 67. AlI stairs are concrete and/or metal pan concrete filled with abrasive metal treads without vinyl composition stair treads and landings. DIVISION 10 - SPECIALTIES 68. A total of thirty seven (37) each 12" x 18" x 72" three tier plastic laminate lockers are included in the locker rooms. Lockers are included as similar 01 equal to those manufactured by Treeforme. 9 69. Toiletpartitions are included as'Solid Plastic as similar or egt'al to those manufactured by Comte°. 0 70. One (1) 70'x 70" Ceiling mounted; electricprojection screen is included in the gym. One (1) 50" X 50" wall mounted, manually operated projection screen is included in Room 213 (Senior Center). 71. Seven (7) each wall.mounted TV ,brackets are included_ 72. Metal storage shelving is included as the following: Room 121A, 7 shelves high by 36" deep; Room 116A, 5 shelves,tugh by 12".deep;. Room 10413 7 shelves high by 30" deep; Room 215A 7 shelves high by 12" deep; Room.207 5 shelves high by 12" .deep; andRoom,202B 5 shelves high by 12" deep. All maid shelving is included as similar or equal to Republic. 73. Fire extinguishers are included as the following; 21 each Larsen's Model MP --10 l Olb. ABC fire extinguisher, 19 such Larsen's Model 2409-$2 steel fully recessed fire extinguisher cabinet with white baked enamel,lnish and full glass panel door. 74. Two (2) each electric kilns are included: 75. Two (2) each wall mounted, interior shelf type telephone enclosures are included as similar or equal to Philips & Brooks, Gladwin, Inca 76. Visual display boards are included as an Owner Allowance in the amount of $3,500.00. 77. One (1) display case 48" x 72"w x 16"d are included as rnanufacturedby Polyvision, model STB16-Cl or equal. 78. One. (1) each movable glass partition 30' long x 10' high is included in the Aerobics/Dance Room. Movable glass partition is included as similar or equal to Hufcor Model G600. 79. Interior signage is included as an Owner Allowance in the amount of $4,000.00. 80. Exterior signage is included as an Owner Allowance in the amount of $5,000.00. 81. Miscellaneous accessories are included as an Owner Allowance in the amount of $10,000.00. 82. Parking equipment is included as an Owner Allowance in the amount of $10;000.00. DIVISION 11- EQUIPMENT 83. Twenty four (24) linear feet of protective wall padding is included only in the Gym behind each of the two basketball backstops at the main court. 10 84. The scoreboards are included as similar or equal to Fairplay Model BB1500-4. They are included per the size listed in the specifications, not as shown on the interior elevations. 85. Indoor soccer goals or suspended rings are not included. 86. Four (4) each 21'-0" wide and one (1) each 15'-0" wide tip and roll bleachers are included. 87. Residential appliances and equipment are included as an Owner Allowance in the amount of$5,000.00. 88. Tower clocks are included as an Owner Allowance in the amount of $30,000.00. DIVISION 12 - FURNISHINGS 89. Window shades and treatments are included as an Owner Allowance in the amount of $7,500.00. DIVISION 13 -SPECIAL CONSTRUCTION DIVISION 14 - ELEVATORS 90. One (I) each elevator 2500 lb. at 150 fpm similar or equal to that manufactured by Otis Elevator Co. is included 91. Hoistway size is required to be 7'-0" wide x 5'-1"deep. 92. Elevator doors are included as single speed. 93. Twelve months maintenance and service is included. 94. One (1) each wheelchair lift for the swimming pool is included. 11 0 0 DIVISION 15 - MECHANICAL 95. FIRE PROTECTION Fire sprinkler heads are installed symmetrically but not necessarily to center of ceiling tiles. Pumps for fire protection system are not included. Interior piping is included as Allied- XL for 2" . and smaller with screwed fittings and Schedule 10 with grooved fittings for 2 'A" and larger. Fire protection system is included per NFPA'13, NFPA 24 and the South Florida Building Code. 96. PLUMBING - Plumbing lines or fixtures not labeled or specified are included to the minimum sizes and standards allowable by code. Infra -red flush valves are not included. An oil/sand separator is included as an Owner Allowance in the amount of $10,000.00. 97. HVAC Smoke evacuation system is not shown arid is not included. DIVISION 16 - ELECTRICAL 98. Telephone and data empty raceway systems are included as an Owner Allowance in the amount of $20,000.00. 99. Building security and CCTV wired raceway systems are included as an Owner Allowance in the amount of $30,000.00. 100. Sound system with wireless microphone is included as-an.Owner Allowance in the amount of $30;000.00. 101. Clock system is included as an Owner Allowance in the amount of $10,000.00. 102. Cable TV system is included as an Owner Allowance in the amount of $20,000.00. 103. Ceiling fans are included as an Owner Allowance in the amount of $2,500.00. 12 ' a 104. UPS systems are not shown and are not t&luded.IY d viSuai stand alone UPS units are are included as an Owner Allowance in the amount of $4,500.00. 105. Interior Light fixtures are included as flourescent surface mountedfixtures at exposed ceilings, 2x4 parabolic fixtures at grid ceilings and HID fixtures at the Gym. 106. Walker Ductis not indicated and is not included 107. An emergency generator is not required and is not included. WORK TO BE INCLUDED IN SITE INFRASTRUCTURE GMP 108. All required offsite work beyond the inside face of the perimeter sidewalks of the facility is not included The lateral connections to water and sewer mains only are included. Therefore, all perimeter road work at McIntyre, Fanwood and Village Green Way; all new sanitary sewer mains and manholes; all street parking, all landscaping, irrigation, pavers, street lighting, etc. outside the perimeter inside face of the perimeter sidewalk of the Recreation Center is included in the separate Site Infrastructure work. 109. Traffic and/or pedestrian signalization. 110. Demolition of existing structures. 111. FP&L and Southern Bell services and modifications to existing. WORK PROVIDED BY OWNER 112. Furniture, Fixtures and Equipment (FF&E). 113. Threshold inspector and special inspector services. 114. County, city and other governing municipalities and agencies fees and charges and all impact fees, utility connection and usage fees. (Permit fees are included in the GMP as an allowance.) 115. Quality control testing. 116. Removal and/or relocation of existing trailers and other portable type facilities. 117. Relocation of existing trees to remain. 118. Asbestos other hazardous materials testing, abatement and removal in existing facilities. 1.) 119. Remo dl,'replacenient andlorrestoration of existing unknown utilities: 120. The cost of the water meters. 121. The cost of watertd fill the swimming pool. 122. Card key access system,magnetic keying system and all associated electronic hardware. (See security system Owner Allowance.) 123. Telecommunications and data systems. 124. Emergency call system. 125. FP&L service and connection fees and transfo 14 Village of Key Biscayne Community Center Guaranteed Maximum Price Proposal List of Drawings October 17, 2002 CIVIL DRAWINGS C1.01 Demolition Plan 09/18/01 C2.01 Site Plan 09/18/01 C3.01 Grading and Drainage Plan :09/18/01 C4.01 Site Utilities Plan 09/18/01 C4.02 Notes 09/18/01 C4.03 Sanitary Sewer Plan and Profile 09/18/01 ARCHITECTURAL DRAWINGS A1.01 Overall City Complex Site Plan 09/30/02 A1.02 Site Plan 09/30/02 A2.01 Overall Floor Plans 09/30/02 A2.02 Overall 2"d Floor Plan & Roof Plan 09130/02 A2.03 Sub -Floor South End 09/30/02 A2.04 Sub -Floor North End 09/30/02 A2.05 1st Floor Plan (notation) South -End 09/30/02 A2 06 1 Floor Plan (dimensioned) South End 09/30/02 A2.07 1st Floor Plan (notation) South End 09/30/02 A2.08 1s' Floor Plan (dimensioned) North End 09/30/02 A2.09 2nd Floor Plan (notation) South End 09/30/02 A2.10 2nd Floor Plan (dimensioned) North End 09/30/02 A2.11 2"d Floor Plan (notation) North End 09/30/02 A2.12 2"d Floor Plan(dimensioned) North End 09/30/02 A2.13 Roof Plan North End 09/30/02 A2.14 Partial Roof Plan North End 09/30/02 A2.15 Pool Deck .09/30/02 A3.01 Elevations 09/30/02 A3.02 Building Sections 09/30/02 A3.03 Building Sections 09/30/02 A3.04 Building Sections 09/30/02 A3.05 Building Sections 09/30/02 A3.06 Building Sections 09/30/02 A3.07: Building Sections 09/30/02 A4.01 Enlarged Plans 09/30/02 Page 1 of 9 A4.02 A4.03 A4.04 A4.05 A4.06 A4.07 A4.08 A5.01 A5.02 A5.03 A5.04 A5.05 A5.06 A5.07 A5.08 A5.10 A5.11 A5.12 A5.13 A6.01 A6.02• A6.03 .. Arm A6.04 A6.05 A6.06 A7.01 A7.02 A7.03 A7.04 A7.05 A7.06 A7.08 A7.09 A7.11 A8.03• A8.04' A8.05 A8.06 A8.07 A8.08 A8.09' A8.10 A8.11 A8.12'. ARCHITECTURAL DRAWINGS (continued} Large Scale. Stair Plans Bath House Floor & Roof Plans Exterior Elevations & Building Sections Interior Elevations & Enlarged Plan Details '&Sections Po"ol'House' Court Layouts Overall Plan Floor Rece Interior Elevations Interior Elevations Interior Elevations Interior Elevations Interior Elevations Interior Elevations Interior Elevations Interior Elevations Interior Elevations Interior Elevations Interior Elevations Interior Elevation Sub -Floor Reflected Ceiling Plan South End Sub -Floor Reflected Ceiling Plan North End 1s` Floor Reflected Ceiling Plan South End 1s` Floor Reflected Ceiling Plan South End 2nd Reflected Ceiling Plan South End god Floor Reflected Ceiling Plan North End Wall Sections Wall Sections Wall Sections Wall Sections Wall Sections Wall Sections Wall Sections Wall Sections Wall Sections Overall Tilt -up Panel Tilt -up Panel Tilt -up Panel Tilt -up Panel Tilt -up Panel Tilt -up Panel Tilt -up Panel Tilt -up Panel Tilt -up Panel Tilt -up Panel Page 2 of 9 09/30/02 09/30/02 09/30/02 09/30/02 09/30/02 09/30/02 09/30/02 09/30/02 09/30/02 09/30/02 09/30/02 09/30/02, 09/30/02 09/30/02 09130/02. 09130/02 09/30/02 09/30/02 09/30/02 09130102. 09/30/02 09/30/02 09/30/02 09/30/02 09130/02 09/30/02 09/30/02, 09/30/02 09130/02 09/30/02 09/30/02 09/30/02 09130/02,. 09/30/02 09/30/02 09/30/02 09/30/02 09/30/02 09/30/02 09/30/02 09/30/02 09/30/02 09/30/02, 09/30/02 ARCHITECTURAL DRAWINGS (continued) Tilt -up Panel STRUCTURAL DRAWINGS S0.1 General Notes 09/30/02 S02 General Notes 09/30/02 S1.1 Parking Level Foundation Plan 09/30/02 S1.2 Parking Level Foundation Plan 09/30/02 S2.1 1st Floor Framing Plan 09/30/02 S2.2 1st Floor Framing Plan 09/30/02 S3.1 1s` Floor/Roof Framing Plan 09/30/02 S3.2 2nd Floor Framing Plan 09/30/02 54.1 Roof Framing Plan 09/30/02 S4.2 Roof Framing Plan 09/30/02 S5.1 Foundation Details 09/30/02 S5.2 Details 09/30/02 S5.3 Sections and Details 09/30/02 S6.0 Post Tension DetailsandSections 09/30/02 S6.1 Framing Details 09/30/02 S6.2 Framing Details 09/30/02 36.3 Framing Details 09/30/02 MECHANICAL DRAWINGS M-0.1 Mechanical Notes/Legends/Schedules 09/30/02 M-1.1 Partial South Parking Level Mechanical Floor Pian 09/30/02 M-1.2 Partial North Parking Level Mechanical Floor Plan 09/30/02 M-1.3 Partial South 1s` Floor Mechanical Plan 09/30/02 M-1.4 Partial North 1st Floor Mechanical Plan 09/30/02 M-1.5 Partial 2nd Floor Mechanical Plan 09/30/02 M-1. 6 Partial North 2"d Floor Mechanical Plan 09/30102 M-1.7 Partial Nroth Roof Mechanical Plan 09/30/02 M-2.1 Mechanical Details 09/30/02 M-2.2 Mechanical Details 09/30/02 M-2.3 Mechanical Controls 09/30/02` P-0.1 P-1.1 P-2.1 P-2.2 P=2.3 P-2.4 P -Z5 P-2.6 PLUMBING DRAWINGS Plumbing Notes/Legends/Schedules Plumbing Site Plan Partial South Parking Level Plumbing Floor Plan Partial North Parking Level Plumbing Floor Pian Partial South 1s' Floor Plumbing Plan Partial North 1st Floor Plumbing Plan Partial South 2nd Floor Plumbing Plan PartialNorth 2nd Floor Plumbing Plan Page 3 of 9 09/30/02 09/30/02 09/30/02 09/30/02 09/30/02 09/30/02 09/30102 09/30/02' 0 PLUMBING DRAWINGS (continued) Partial North Roof Plumbing Plan Partial South Roof Plumbing Plan Partial North Enlarged. Plumbing. Plan Partial Enlarged Plumbing Plan FIRE PROTECTION DRAWINGS F-01 Fire Alarm Notes, Symbols & Calculations F-2.1 ;.; Fire Alarm Riser Diagram F-3.1 Fire Alarm Details FP -1 Fire Sprinkler Site Plant FP -2 „ Garage Fire Sprinkler Plan FP -a ; 15f Floor Fire Sprinkler Plan FP -4, 2"d'Floor Fire Spr`inkterPlan ELECTRICAL DRAWINGS E-0.1 Electrical Notes, Symbols and Luminaries 09/30/02 E-1.1_. . Electrical Site Plan 09/30/02 E-1.2 Parking Level & Pool Area Photometric Plan 09/30/02 E-2.1 Partial South Parking Level Electrical Floor Plan 09/30/02 E-2.2 Partial North Parking Level Electrical Floor Plan 09/30/02 E-2.3 Partial South 1n Floor Electrical Plan 09/30/02 E-2.4 Partial North ls` Floor Electrical Plan 09/30/02 E-2.5 Partial South 2nd Floor Electrical Plan. 09/30/02 E-2.6 Partial 2"d Floor Electricai;Plan 09/30/02 E-2.7 Partial North Roof Electrical Plan 09/30/02 E-3.1 Partial South 1s` Floor Lighting Plan, 09/30/02 E-3.2 Partial North 1s` Floor Lighting Plan 09/30/02 E-3.3 Partial South 2"d Floor Lighting Plan 09/30/02 E-3.4 Partial North 2"d Floor Lighting -Plan 09/30/02 E-4.1 Electrical Riser Diagram 09/30/02 E-5.1 Electrical Panel Schedules 09/30/02 E-6.1; Electrical Details 09/30/02 E-6.2 Electrical Details 09/30/02 E-7.1 Lightning Protection Roof Plan & Details 09/34(02 SWIMMING POOL DRAWINGS SP -1.01 Pool Location Plan 09/30/02 SP -1.02 Pool Area Plan 09/30/02 SP -1.03 Swimming Pool Layout. Plan 09/30/02 SP -1.04 Competitive Pool Details 09/30/02 SP -1.05 Swimming Pool Piping Plan 09/30/02 SP -1.06 Competitive Pool Sections- 09/30/02 SP -1.07 Competitive Pool Details ,.; - 09/30/02 09/30/02 09/30/02 09/30/02 09/30/02 09/30/02 09/30/02 09/30/02 09/04/02 09/04/02 09/04/02 09/04/02 - Page 4 of 9 DIVISION 2 02220 02262 02517 02835 DIVISION'3 03300 03340 03470 03520 DIVISION 4 04200 DIVISION 5 05120 05210 05310. .. 05450 05500 05520 05810 DIVISION G 06100 061.92 06401 06410 DIVISION 7' 07170 07190 07210 07411 07511 07620 07721 07722 SWIMMING POOL DWAWIN( Filter Details Pool Equipment Plan PROJECT SPECIFICATIONS - SITE CONSTRUCTION Site Preparation and Earthwork Termite Control Solid Interlocking Concrete Pavers Ornamental Metal Fencing System - CONCRETE Cast -in -Place Concrete Post Tensioned Concrete Panels Tilt -up Precast Panels Lightweight Insulating Concrete - MASONRY Unit Masonry - METALS Structural Steel Steel Joists Steel Deck Light Gauge Metal Framing Metal Fabrications Handrails and Railings Expansion Joint Cover Assemblies WOOD AND PLASTICS Rough Carpentry Wood Trusses Exterior Architectural Woodwork Cabinetry THERMAL AND MOISTURE PROTECTION Geotextile Waterproofing Vapor Retarder Building Insulation and Firestopping Manufactured Roof Panels Built-up Asphalt Roofing Metal Flashing and Trim Prefabricated Roof Curbs Roof Hatches Page 5 of .9 09/30/02' 09/30/02 09/14/01 09/14/01 09/14/01 09/14/01 09/14/01 09/14/01 09/14/01 09/14/01 09/14/01 09/14/01 09/14/01 09/14/01 09/14/01 09/14/01 09/14/01 09/14/01 09/14/01 09/14/01 09/14/01 09/14/01 09/14/01 09/14/01 09/14/01 09/14/01 09/14/01 09/14/01 09/14/01 09/14/01 0 0 DIVISION 7 07920 - THERMAL AND MOISTURE PROTECTION Sealants and Cauikings DIVISION 8 - 0a110 08210 08305 08331, 08350, 08351, 08410 00710 08820 , maw, DIVISION 9 09205 09220 09260: 09310 09511 09622;, 09642' 09650 09653 09680 09640 . . 09900 09980 DIVISION 10 10155 10290 10440_ 10522 10650 10670 10718 10801 DIVISION 11 11132 11450 11480 DOORS AND WINDOWS Metal Doors andYFrames Flush Wood Doors Access Doors Overhead Coiling Doors Accordion Partitions Accordion Closet Doors Aluminum Assemblies Door Hardware Glazing Mirrors FINISHES Furring and Lathing, Stucco and Cement Plaster Gypsum Wallboard Assemblies Ceramic Tile Acoustical Ceilings Rubber Athletic Flooring Wood Gym Flooring Resilient Flooring Resilient Wall Base and Accessories Carpet Acoustical Wall Panels Painting Coatings for Concrete and Masonry - SPECIALTIES Toilet Compartments Stationary Metal Wail Louvers Interior Signage - Allowance Fire Extinguisher and Cabinets Operable Partitions Storage Shelving Flexible Wind Abatement Systems Toilet and Shower Accessories EQUIPMENT Projection Screens Residential Equipment - Allowance Athletic Equipment Page.6 of 9. 09/14/01 09/14/01 09/14/01 09/14/01' 09/14/01- 09/14/01 09/14/01 09/14/01 09/14%01 09114/01 09/14/01 09/14/01 09/14101': 09114/01, 09/14/01 09/1410'1` 09/14/01 09/14/01 09/14/0' 09/1410f 09/14/0$"1 09/14/0115' 09/14/01 f 09114/01, 09/14/01: 09114/01= 09/14/01'" 09/14/01 09/14/01 09/14/01 09/14/01 09/14/01 09/14/01 09/14/01 09/14/01 14240 DIVISION 13125 DIVISION DIVISION 15010 15050 15055 15060 15070 15075 15078 15083 15089 15105 15184 15410 15430 15480 15720 15780 15784 15810 15830 15850 15930 15900 15990 15995 DIVISION 16010 16020 16050 16060 16070 16088 16120 16130 16140 16220 16225 13 - SPECIAL CONSTRUCTION Aluminum Bleachers 14 - CONVEYING SYSTEMS Hydraulic Elevator 15'- MECHANICAL Basic Mechanical Requirements Basic Materials and Methods Motors Hangers and Supports Mechanical Sound and Vibration Control Mechanical Identification Field Painting Duct Insulation Pipe Insulation Plumbing Piping Refrigeration Piping and Specialties Plumbing Fixtures Plumbing Specialties Water Heaters Air Handlers Roof Top Packaged Air Conditioning Units Air Cooled Condensing Units Ducts Fans Air Outlets and Inlets Air Terminal Units Building Automatic Temperature Controls Test and Balance Start Up and Certification 6 -'ELECTRICAL` General Provisions Completion of Work Basic Materials and Methods Grounding Equipment Bases and Supports Acceptance Tests and Performance Wire and Cable Raceways and Boxes Circuit Breakers Motor Starters Motors and Motor Control Page 7 of 9 09/14/01 09/14/01 09/14/01 09/14/01 09/14/01 09/14/01 09/14/01 09/14/01 09/14/01 09/14/01 09/14/01 09/14/01 09/14/01 09/14/01 09/14/01 09/14/01 09/14/01 09/14/01 09/14/01 09/14/01 09/14/01 09/14/01 09/14/01 09/14/01 09/14/01 09/14/01 09/14/01 09/14/01 09/14/01 09/14/01' 09/14/01 09/14/01 09/14/01 09/14101 09114/01 09/14/01 09/14/01 0 DIVISION 16400- 116410 16413 16415 16440 16460 16490 16510 16520 16726 16720 6 - ELECTRICAL (continued) Service Distribution Circuit Breakers Transient Voltage Surge Suppressors Transient Voltage Surge Suppressors Pane!boards Dry Type Transformers Fuses Interior Luminaires Exterior Luminaires Telephone and Data Raceway Systems Fire Alarm System OTHER DOCUM to Request for Information 40001 from Response to Request for Information #0002 from Response to' Request for Information #0003 from Response to Request for Information #0004,from Response to Request for Information #0005 from Response toRequest for Information #0006 from Response to: Request for Information #0007 from Response to Request for Information #0009 from Response to. Request for Information #0010 from Response:tozRequest for Information #O01"1 from Response to�Request for Information #0012 from Response toRequest for Information #0013 from Response to. Request for Information #0015 from Respon�sse to Request for Information #0016 from Response to Request for Information #001w7 from Response to Request for Information #0018 from Response to Request for Information #0019 from Response to Request for Information #0021 from Response to Request for Information #0022 from Response to Request for Information #0023 from Response to Request for Information #0024 from Response to Request for Information #0025 from Response to, Request for information #0026 from Response to Request for Information #0027 from Response to Request for Information #0028 from Response to Request for Information from Response to Request for Information #0001 Response to. Request for Information #0005 Response to Request for Information #0006 OTHER DOCUMENTS (continued) Page 8 of 9 MENTS 11-19-01 Estimate 11/07/0;1, 11-19-01 Estimate 11/07/01 11-19-01 Estimate 11/07/01. 11-19-01 Estimate 11/07/01 11-19-01 Estimate 11/07/01' 11-19-01 ,Estimate 11/12/01 11-19-01 Estimate . 11/12/01 11-19-01 Estimate 11/13/01, 11719-01 Estimate 11/13/01 11,19-01 Estimate. 11/13/01 11-19-01 Estimate 11/13/01, 11-19-01 Estimate 11/13/01 11-19-01 Extirpate 11/14/01,, 11-19-01 Estimate 11/14/01 11-19.0oEstimate 11/15!01^ 11-19-01 Estimate 11/14/01: 11-19.01 Estimate; 11/14/01 11-19-01 Estimate 11/15/01 11-19-01 Estimate 11/15/01 11-19-01 Estimate 11/15/01 11-19-01 Estimate 11/15/01 11,-19-01 Estimate 11/15/01 11-19-01 Estimate 11/15/01 11-19-01 Estimate, 11/15/01 11-19-01 rEstimate 11/19/01 11-19-01 Estimate 11/19/01 10/07/02 10/09/02 10/09/02 09/14/01 09/14/01 09/14/01 09/14/01 09/14/01 0911,4/01 09/14/01 09/1410t -, 09/14/01 09/1410'i= 09114/01t Response to Response to Response to Response to Response to Response to Response to Response to Response to Response to Request for information #0007 Request for Information #0008 Request for Information #0009 Request for Information #0010 Request forinformation #0011 Request for Information #0014 Request for Information #0015 Request for Information #0017 Request for Information #0018 Request for Information #0019 Page 9 of 9 10/09/02 10/09/02 10/09/02 10/09/02' 10/09/02 10/10/02 10/11/02 10/14/02 10/14/02 10/11/02 ASBESTOS ABATEMENT & 2105 TESTING BY OWNER DEMOLITION OF EXISTING 2106 BUILDINGS SITE, UTILITIES, STREETS & 2104 SIDEWALKS SITE LANDSCAPING, 2108 IRRIGATION & LIGHTING 3055 3075 3076 3100 3110 3120 P,nJo;ISi ° r,ot <1I lnl nnv;n Rini 100% CONST. DOC, GMP ESTIMATE WASA & COUNTY PERMITTING VILLAGE PERMITTING CONSTRUCTION OFREC. CENTER SUBSTANTIAL COMPLETION PUNCH LIST FINAL COMPLETION 1 30 110 88 18NOV02* 19NOV02 22SEP03 270CT03 20SEPO2A 280.CTO2* 18NOV02* 20JANO3 20FEB04 26FEB04 29MAR04 30DECO2 25FEB04 17OCT02 17JAN03' 17JAN03 19FEB04 20FEB04 26MAR04 29MAR04 2002'- 2003 OINID J F M A MjJIJjA]Slo[N)D T 11 1 111.11 d 1 1 1, 1 I I 1 1 1 1 1 01 11 I IIIY S EMAN; MOLTI tN OF IEX sir oC M JVAS & COUNTY'PE1M ILAGE P R ITTING S'AN e.,ny on, KOCG ArtonroOMMIIIIPOMIIIr111IPn1+11* AP. L.. _ Cn11. 111 . IA Ily JAMES A. CUMMINGS, INC. VILLAGE OF KEY BISCAYNE REC. CENTER SCHEDULE SITE, UT LITIES, S SI'E LANDSCAPII CONSTRUCTION i EXHIBIT B OWNER'S CONSTRUCTION BUDGET ITEM DESCRIPTION CONSTRUCTION BUDGET CONSTRUCTION MANAGER'S PRECONSTRUCTION PHASE FEE $113,190.00 5113,190.00 SUBTOTAL OWNER'S TOTAL PRECONSTRUCTION PHASE FEE FIRE RESCUE DEPARTMENT & ADMINISTRATION AND POLICE FACILITY CONSTRUCTION MANAGER'S CONSTRUCTION PHASE FEE $523,892.00 CONSTRUCTION) MANAGER'S OVERHEAD &.PROFIT $457,223.00 CONSTRUCTION BUDGET BALANCE .. $9,825,665.00 SUBTOTAL CONSTRUCTION COSTS $10,806,730.00 ANTICIPATED OWNER SALES TAX SAVIN ._ ($159,266.00) SUBTOTAL $10,647,514.00 OWNER'S CONTINGENCY $256,924.00 OWNERS GMP BUDGET -FIRE RESCUE & ADMINISTRATION/POLICE $10,904,438.00 OWNER'S CONSTRUCTION BUDGET -FIRE RESCUE & ADMINISTRATION/POLICE WITH PRECONSTRUCTION FEE , $11,017,628.00 VILLAGE CIVIC CENTER SITE & SITE INFRASTRUCTURE WORK ELECTRICAL DUCT BANK AND WATER MAIN. CONSTRUCTION MANAGER'S CONSTRUCTION PHASE FEE $119,226.00 CONSTRUCTION MANAGER'S OVERHEAD&PROFIT $34,521.00 CONSTRUCTION BUDGET BAT.ANCE $647;913.00 OWNER'S CONSTRUCTION BUDGET - VILLAGE. CIVIC CENTER 511E & SITE INFRASTRUCTURE WORK ELECTRICAL DUCT BANK AND WATER MALN $80L660.00 VILLAGE CIVIC. CENTER SITE &.SITE INFRASTRUCTURE WORK PHASES 1,.2.3 & 5 CONSTRUCTION MANAGER'S CONSTRUCTION PHASE FEE $62,630.00 CONSTRUCTION MANAGER'S OVERHEAD & PROFIT $62,680.00 CONSTRUCTION BUDGET BALANCE - $1,307,725.00 OWNER'S CONSTRUCTION BUDGET -. VILLAGE CIVIC CENTER SITE SITE INFRASTRUCTURE WORK $1,433,035.00 VILLAGE COMMUNTTY CENTER (RECREATION CENTER' CONSTRUCTION MANAGER'S CONSTRUCTION PHASE FEE $564,455.00 CONS 1RUCTION MANAGER'S OVERHEAD & PROFIT $422,814.00 CONSTRUCTION BUDGET BALANCE $8,831,401..00 OWNER'S CONSTRUCTION BUDGET - VILLAGE .COMMUNITY CENTER (RECREATION CENTER 59,818,670.00. OWNER'S TOTAL CONSTRUCTION BUDGET (ALL PHASES) S23,070,993_00 RESOLUTION NO. 2002-46 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, ADOPTING THE VILLAGEOF KEY BISCAYNE RULES FOR USE OF THE, GOVERNMENT ACCESS CHANNEL IN CONNECTION WITH VILLAGE ELECTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Village of Key Biscayne (the "Village") maintains, on the cable television system serving the Village, a Government Access Channel cablecast on Channel 16 and owns production facilities and employs personnel to produce programming for cablecastingon the Government Access Channel; and WHEREAS, from time to time the Village conducts elections for Village Council and Mayor; and WHEREAS, the Village Council finds that it would be in the public interest to allow all legally qualified candidates for Village Council and Mayor to utilize the Village's production facilities, production personnel and Government Access Channel to allow residents to learn more about the election; and WHEREAS, the Village Council finds that it would be in the public interest to allow the Village's staff to utilize the Village's production facilities, production personnel and Government Access Channel to allow residents to learn more about the elections; and WHEREAS, that the Village Council has considered appropriate rules to afford all legally qualified candidates the same opportunities to use the Village's facilities, production personnel and Government Access Channel and to best inform residents about the election. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. Rules Adopted. That the Rules For Use Of The Government Access Channel For Election Programming, attached as. Exhibit "A", are hereby approved and adopted. Section 2. Authority. That the Village Manager is authorized; to take any and all action necessary to implement the Resolution Section 3. That the provisions of this Resolution are declared to be severable and if any section, sentence, clause or phrase of this Resolution shall, for any reason, be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses; and phrases of this Resolution, but they shall remain in effect, it being the legislativeintent that this Resolution shall stand notwithstanding the invalidity of any part. Section 4. Effective Date. That this Resolution shall be effective upon adoption. PASSED AND ADOPTED this 8th day of October, 2002. 0 isas CHITA H. ALVAREZ, CMC, VILLAGE C APPROVED AS TO FORM AND LEGAL SUFFIC RICHARD JAY WEISS, VILLAGE ATTORNEY VILLAGE OF KEY BISCAYNE RULES FOR USE'' OF THE GOVERNMENT ACCESS CHANNEL FOR ELECTION PROGRAMMING The rules and regulations set forth herein shall govern the availability and use of the Government Access Channel, Channel "16", for the presentation of programming in connection with elections for Village Council and Village Mayor. Use of Government Channel and Village Production Facilities By Legally Qualified Candidates 1) Legally Qualified Candidates for Village Council or Mayor are eligible to use Channel 16, the Village's Government Access Channel, for the purpose of cablecasting a Candidate's Statement on an equal opportunity, non-discriminatory basis. A person is considered a "Legally Qualified Candidate" from the time of qualifying to run until the elections have been held. 2) Each Legally Qualified Candidate shall be permitted to utilize the Village's production facilities and personnel for one (1) hour total time per Candidate for rehearsal and taping of a Candidate's Statement. The taped Candidate's Statement shall be limited to three (3) minutes maximum duration per Legally Qualified Candidate. Upon a Candidate's request, the Village production personnel shall provide the Candidate with one (1) VHS copy of the Candidate's taped Statement without charge.' 3) This restriction that Legally Qualified Candidates have equal opportunity for use of the Access Channel does not apply to persons who receive incidental air time as part of Village Council meetings being cablecaston the Channel, nor to officials acting as part of their regular duties when such activities do not involve campaigning for Council or Mayor election. 4) The Candidate's Statement may contain a statement by the Candidate as to his or her background and his or her reasons for seeking election to the Village Council or Mayor. 5) The Village's production personnel shall contact each Legally Qualified Candidate to schedule a time to tape the Candidate's Statement. All Candidate Statements shall be taped at the Village's production facilities and with the same background and set as determined by the Village personnel. It is the Candidate's responsibility to arrive on schedule for the taping. Candidates may have one (1) person accompany them to the taping location to handle pre -produced cue cards. The Village shall not provide any make-up, hair, wardrobe or other services nor supply any paper, markers, easels or other materials." 3 6) The Village shall not allow programming produced by Legally Qualified Candidates on their own to be cablecast or replayed on the Village's Government Access Channel. Other than as provided in these Rules, no other person shall be permitted to use the Village's production facilities or Channel 16 for the purpose of communications regarding the Village's elections. 7) All disputes as to taping Candidate's Statement and use of the Government Access Channel shall be referred to the Village Manager to resolve in the Manager's discretion. 8) The order of play back of Candidates' Statements shall be by list position on the ballot. The order of play back shall be rotated by one (first goes last, second goes first, third goes second, etc.) at each new play back time. The Village personnel shall make good faith efforts to play back Candidate Statements on multiple occasions on a schedule established by the Village Manager in the Manager's sole discretion. Use of Government Channel and Production Facilities By Village Personnel. 1) The Village Manager, Village Clerk, or their designees, may use the Village's production facilities and personnel and the Village's Government Access Channel to provide information to residents concerning the Village's elections and the addresses and hours of operation of locations for voting. 2) The„ Village: Manager, or designee, may use the Village's production facilities and personnel and the Government Access Channel to cablecast, either live or taped, a forum for all Legally Qualified Candidates. The Village Manager, or designee, may playback the Candidates' Forum on the Government Access Channel in her discretion. C: Responsibility for Candidates' Statements and Communications. 1) The .Village shall not be responsible for the content of any Candidate's Statement made or for any communication made by any Legally Qualified Candidate or other election programming cablecast on the Village's Government Access Channel 2) Legally Qualified Candidates who use the Village's productionfacilities, personnel and. Government Access Channel shall assume all responsibility as producer and/or originator of any Candidate's Statement or other communication by them cablecast on the Village's Government Access Channel. 3) Legally Qualified Candidates who use the Village's production facilities, personnel and Government Access Channel shall execute the attached Release and Hold Harmless Agreement, thereby agreeing to release, hold harmless and make no claim against the Village, its officials, employees or agents, for any claims based on programming produced or cablecast by the Village on its Government Access Channel in accordance with these Rules. This includes any claims the 4 0 Candidate may seek to assert under federal, state or local laws, rules or regulations. 4) The Village shall have no liability for failure for any reason to cablecast a Legally Qualified Candidate's Candidate Statement or other communications made in election programming. The sole remedy available to a Legally Qualified Candidate whose Candidate's Statement is not cablecast for any reason at a particular time shall be to have the Village personnel use their best efforts to cablecast the Candidate's Statement at another time in the Village personnel's sole discretion. 5) Legally Qualified Candidates shall be responsible for complying with all political advertising requirements in Chapter 106, Florida Statutes. VILLAGE- OF KEY BISCAYNE AGREEMENT TO COMPLY WITH RULES FOR USE OF GOVERNMENT ACCESS CHANNEL AND RELEASE AND HOLD HARMLESS AGREEMENT Name of Candidate: Address: Telephone #: (home) (work) I have read the Village of Key Biscayne's RULES FOR USE OF THE GOVERNMENT ACCESS CHANNEL FOR ELECTION PROGRAMMING and agree to comply with said rules and any decisions of the Village Manager pursuant thereto. I agree to release, hold harmless and make no claim against the Village of Key Biscayne, its officials, employees and agents, in connection with any programming produced by the Village or cablecast by the Village on its Government Access Channel, as described in Section (c)(3) of the Rules. Further, in the event that my Candidate's Statement is found by a Court of Competent Jurisdiction to constitute libel or slander, I shall defend and indemnify the Village and Village's Officials, employees and agents from all c laims, loss,1 iability, e xpenses, d amages, o r costs, including attorneys' fees. Candidate's Signature Date 103041\resolutions\Resolution Adopting Rules for Election Programming -425-02 6 RESOLUTION NO. 2002-45 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AMENDING THE BUILDING, ZONING, A ND P LANNING F EE S CHEDULE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the building permit fees were last reviewed and amended in January 2000; and WHEREAS, there has been step increases for Building Department staff and cost of living adjustments without commensurate increases in fees to operate the Department; and WHEREAS, it is necessary to establish fees that reflect the actual costs associated with service of providing permits for construction, alteration, maintenance, and repair of properties, buildings, and structures; and WHEREAS, a comparison of fees charged by other municipalities in South Florida indicate that some of the Department's fees are less than those being charged by those municipalities; and WHEREAS, the Building, Zoning, and Planning Fee Schedule does not provide sufficient revenue to fund the cost of operating the building component of the Building, Zoning, and Planning Department; and WHEREAS, the Village Council has held a public hearing on September 10, 2002 for purposes of soliciting testimony on the attached fees. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS: Section 1. That the building permit fee schedule is hereby increased as shown in Exhibit "A" attached hereto and incorporated herein. Section 2. This resolution shall take effect upon adoption. PASSED AND ADOPTED this 24th day of September , 2002. CONCRITA H. ALVAREZ, CMC, VILLAGE CLERK APPROVED AS TO FORM AND AND LEGAL SUFFICIE y RICHARD JAY WEISS, VILLAGE ATTORNEY MAYOR JOE L RASCO Village Council Joe I. Rasco, Mayor Robert Oldakowski, Vice Mayer Scott Bass Martha Fdez-Leon Broucek Man H. Fein Mortimer Fried James L. Peters Village Manager Jacqueline R. Menendez VILLAGE OF KEY BISCAYNE Office of the Village Manager DT: September 16, 2002 TO: Honorable Mayor and Members of the Village Council FR; Jacqueline R. Menendez, Village Manager gN 3/1/4A RE; Amendment of Building, Zoning, and Planning Fees RECOMMENDATION The Department is composed of three (3) divisions: Building, Planning, and Zoning. At the September 10, 2002 meeting, the Council requested that the expenditures and revenues for the Department be separately listed for the Building Division and for the Planning and Zoning Divisions. It was acknowledged the Building Division provides services to only those citizens who are involved in construction and those property owners within close proximity of construction sites. As such, the cost of operating the Building Division should be based on revenues, the amount of permits and inspections, and staffing required to provide a high level of service to our customers and citizens including those who live close to construction sites. Conversely, the Planning and Zoning Divisions (Code Enforcement) provide services to all citizens and therefore should be funded by the General Fund. This understanding is consistent with Florida Statutes and Attorney General Opinions. Based on this approach, 75% of the department's resources are assigned to the Building Division and 25% to the Planning and Zoning Divisions. It is recommended that the Council approve theaccompanying resolution authorizing an increase in fees charged by the Building, Zoning, and Planning Department. Fee increases are only proposed for new construction and substantial renovation work. There is no increase in the base permit fee ($100.00) for electrical, plumbing, or mechanical or the $50.00 fee for minor work. Building Fees: Pursuant to State Statute, building departments are permitted to charge fees commensurate with the cost of business. In nearly all municipalities, fees generally fall behind revenues as they .are not increasedon a yearly basis as compared to annual increases in expenditures. Building fees in the Village have not been increased since January 2000 even though there have been step and cost of living increases for staff. The projected revenue for FY03 anticipates that the Council will increase building permit fees. FY03 Revenue and Expenditure Projections: The FY03 budget includes the elimination of four (4) part time positions and one (1) full time position from the Building Division. These reductions will result in a savings of $104,927. The Grand Bay project was 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." Projected Expenditures, completed in the Spring of 2002 and the Ocean Club in the Fall 2002. New owners in the Grand Bay Residences and. Ocean Club are expected to continue the practice of renovating their units; however, the number of total building permits and inspections is projected to decline_ The below table provides projected expenditure and revenues for the Building Division. The projections indicate that the Building Division revenue is 7.5% less than expenditures. This is consistent with state law that the building permit fees not exceed expenditures, { BUI DING 0 T#Sib iPRO C rEi3 s p: 611 R ( y ' IOTA . Projected Expenditures 939,526 Building Division Projected Revenue (Building Permit Fees, Certificate of Ornipartdy Fees, Building Code Fines, Inspection Overtime Fees) 871,385 Net Percentage that Revenue is Less than expenditures (68,141) (6,9%) Thetelow table provides projected expenditures and revenues for the Planning and Zoning Divisions. '[VISION IREVEN 316,897 Manning and Zoning Division Projected Revenue (Occupational License Fees, Zoning Plan Reviews, Zoning tods Fees) Net, Percentage that Revenue is iess than Expenditures (205,397). (64.8%) $275,000 Set aside for the Department: Prior to FY00, the Village set aside $275,000 for purposes of providing a source of funding to offset costs associated with inspections in a fiscal year when the revenue was collected in a previous fiscal year. It was expected these funds would be used in FY03 primarily for the Ocean Club and Grand Bay. The Grand Bay project was completed in the Spring of 2002. The Ocean Club will be comloleted`in the Fall of 2002. As such, The Department projects that $68,750 of the $275,000' should be set aside for this purpose. The balance of $200,250 can be used by the Village for other purposes including the funding of thePlanning and Zoning Divisions: 2 Village Council Joe I. Basco, Mayor Robert Oldakowski,Vice Mayor_ Scorn Bass Martha Fdez-Leon Broucek Alan H. Fein Mortimer Fried James L. Peters Director Jud Kurlancheek, AICP Department of Building, Zoning and Planning DT: August 29, 2002 TO: Jacqueline R. Menendez, Village Manager FR: Jud Kurlanche tCP, Director Building, Zoning, and Planning Department RE: FY03 Budget Assuming No Increase in Fees The building, zoning, and planning fees were last updated in January 2000. Since that time, there have been step (salary) increases and cost of living adjustments; however, there has not been commensurate increases in fees to operate the Department The FY03 budget includes the elimination of four (4) part time positions, one (1) full time position, and a reduction in the operating budget. These reductions will result in a savings of $104,927. if the Council does not increase fees to match our expenditures, the following options apply_ Option.1: The General Fund allocates $204,788 to the BZP Department. Prior to FY00, the General Fund subsidized the Department by approximately one third of expenditures. This subsidy is 16% of expenditures. The Director will closely monitor the number of permits and inspections. Adjustments in staffing will be recommended to the Village Manager only if the quality of service is not reduced. Impact on Service: None. Option 2. Five (5) full time inspectors and three permit clerks become part time positions. This represents a $181,131 or a 14% reduction from the Departments proposed $1,256,423 budget Staffing: Very high probability that 3 clerks and 5 inspectors (all part time) will terminate employment. This will cause interruptions in service, and difficulty in hiring inspectors and clerks due to lack of available qualified and licensed personnel. The Village of Pinecrest was not able to find qualified personnel for part time positions. As such, they had to engage the services of a private firm rsulting in additional costs to the Pinecreast Building Department 1 85 West McIntyre Street • Key Biscayne, Florida 33149 • (305) 365-5511 • Fax (305) 365-5556 MISSION sTA E nwn -1 O PROVIDE A SAFE. QUALITY COMMUNITY ENVIRONMENT FOR ALI. ISLANDERS 'iHROEGH RESPONSIBLE GOVERNMEN'1 Post hurricane recovery and permission for homeowners to retum to their homes will be significantly extended as part time employees will be obligated to attend to other municipalities where they are full time employees. Impact on Service: Significant reduction in the quality of service. 1. inspector availability to answer questions e, Nevi 7.30-9.3o a.m. 42. Walk through plans and same day permitting 2. Same day plan review and permitting 2. 2-3 day delay Building. Code Violations " 4_ Paperwork Day 5. Occupational Licenses 3. Complaints investigated within 1 hour of complaint One day per week Same day service if paperwork; complete 3. 2-3 days Two days per week Two day service if paperwork complete 0 2 ZONING AND PLANNING FEE SCHEDULE A. GENERAL INFORMATION ON SPECIAL FEES, REFUNDS, EXTENSIONS AND CANCELLATIONS DOUBLE FEES: When work for which a permit is required is commenced prior to the obtaining of a permit, the permit applicant shall be required to pay one hundred dollars ($100.00) one hundred twenty five dollars ($125.00) plus a double permit fee. In no event shall the applicant pay less than one hundred and seventy dollars ($170.00). The payment of the required fee shall not relieve any person, firm of corporation from fully complying with all of the requirements of alt applicable regulations and codes, nor shall it relieve them from being subject to any of the penalties therein. The double fee requirements shall be applicable to all divisions of the Building, Zoning and Planning Department. For second offense of doing work without a permit, the permit applicant shall be required to pay twice the double permit fee plus two hundred dollars ($200.00) two hundred fifty dollars ($250.00). For each offense thereafter, the permit applicant shall be required to pay twice the double permit fee plus five hundred dollars ($500.00). 2, REINSPECTION FEES: When extra inspection trips are necessary due to (1) wrong address being given on call for inspection, (2) prior rejection of work due to faulty construction, (3) work not being ready for inspection at time specified, (4) failure to call for final or other inspections, (5) required corrections not being made or completed at time specified, a fee of fifty dollars ($50.00) seventy five dollars ($75.00) for each reinspection shall be charged to the permit holder in the trade concerned. If it is determined by the field inspector concerned, that the job has the same problem after the reinspection fee is assessed and paid, then a second reinspection fee of one hundred dollars ($100.00) one hundred and fifty dollars ($150.00) shall be charged. The reinspection fee requirement shall be applicable to all divisions of the Building, Zoning and Planning Department The payment of reinspection fees shall be required prior to requesting final inspections. The reinspection fee for inspection of existing buildings by all trades to determine compliance with the South Florida Building Code, but not annual inspections as required by 305.1(d) shall be seventy five dollars ($75.00) per inspection per trade. 3, LOST AND REVISED PLANS FEE a. Lost Plans: When plans for new buildings and additions are lost by the owner or contractor, a recertification fee will be required to review, stamp 1 b. and approve a new set of plans as a field copy. Such fee shall be based on thirty percent (30%) of the original building permit fee, with a minimum fee for Group 1 (single family residence) fi ellar-s-$50.98 seventy five dollars ($75.00), and a minimum fee for all others ofninety-deft:8-490,00) one hundred twenty five ($125.00)_ Revised Processing Fees: Major plan revision after permit is issued shall be subject to a fee of fifty percent (50%) twenty five dollars ($25.00) per nage of the +original permit fee. Each time plans are revised for any reason during the proces-ing period -they shall be subject to"a fee increase of fifty percent (50%) of the` original permit fcc. Minor plan revision shall be subject to a fee at the rate of one-dellar ($1 00) per minute of time twelve dollars and fiftv`cents ($12 50) per pace for each review thattakes longer than `five (5) minutes. 4. A minimum fee of $75700- one hundreddollars($100!00) shall be charged for failure to make required corrections that were provided under a previous review bit not less than 50% of the original application feeler each'buildine trade including, zoning! c Lost Building Permit Fee, A replacement fee of thirty dollars ($30.00) shall be charged for the lass bf a Biinding`Permit document,aftera-permit has been issued' ` , "' d Retrieval of Records Fee: A fee of $1+.00 per inspection pago i,, exceee of five pages^shah be charged for cooies!of inspection results, 4. REFUNDS, TIME LIMITATION, and CANCELLATIONS: The fees charged pursuant to this scl edule,iprovided the seine are'for a permit required by Section 301.1 of the South 'Florida Building Code, may be refunded, by the Director of the Building, Zoning and Planning Department, subject to the .fdllowing i., is No refunds shall be made on requests involving permit fees of one hundred, dollars ($100.00) or, less; or 2. permits revoked by the Building Official under authority granted by he South Florida Building Code, or permits canceled by court order; or conditional permits; or permits which have expired; or 4. permits under which work has commenced as evidenced by any recorded inspection having been made by the Department; or the original permit holder when there is a change of contractor. A full refund less one hundred dollars ($100.00) or fifty percent (50%) of the permit fee, whichever is greater, rounded to the nearest dollar; shall be granted to a permit holder who requests a refund provided that: the Department receives a written request from the permit holder prior to the permit expiration date; and 2. the permit holder submits with the written request the applicant?s validated copy of said permit; and no work has commenced under such permitas evidenced by any recorded inspection. Where there is a change of contractor or qualifier involving a permit, the second permit holder shall pay a fee of one hundred dollars ($100.00) to cover the cost of transferring the data from the original permit to the second permit except when the original permit has expired or the original permit fee is under one hundred dollars ($100.00); in which case the original permit feel shalt be paid. A fee of sixty dollars ($60.00) shall be paid by the permit holder who submits a written request for a permit extension as authorized under Section 3043(b) of the South Florida Building Code. Where a permit has become null and void pursuant to paragraph 304.3(a) of the South Florida Building Code, a credit of fifty percent (50%) of the original permit fee shall be applied to any reapplication fee for a permit covering the same project and involving the same plans, provided that the complete reapplication is made within six (6) months of the expiration date of the original permit, and provided that no refund had been made as provided in this section. If reapplication is made after six (6) months of the expiration date or if this is not the first reapplication made on the project, the full permit fee shall be charged on the renewal application. The permit reapplication must be submitted with the plans and the applicant?s validated copy of the original permit. The amount of this fee shall be at least equal to or higher than the minimum fee for the trade. concerned. 5. SPECIAL PROJECTS A fee equal to actual staff time and related costs shall be assessed for special projects requiring research by the department in order to answer questions proposed by developers, attorneys, realtors, or municipalities, etc., in connection with the use, re -subdivision, and development of properties& or to determine if any existing violations are on the property through a review of departmental records. Such special fee only, will be levied for- requests outside the, scope of normal Department work. A minimum fee of fifty-five dollars ($55.00) shall be charged. Agee equal to two;dollars, ($2 00);per;page shall be assessed for pre-programmed computer reports on department- records. The minimum. fee shall be fifty five dollars ($5900 $55.00). A Y 6, GENERAL INFORMATION. a. A $0.01 per square foot fee will be added to building permits for the State of Florida to study building code requirementsfor radon gas. For concurrencyreview, a fee of six percent (6%) of the total permit fee, Certificate of Use and Occupancy or Zoning application fee, will be added to original fees where a concurrency review was performed_ Impact fees are assessed on certain building permits, including reapplication on expired permits. 7. INSPECTIONS REQUIRING OVERTIME: Charges for construction inspections, which are requested in advance and where the permit applicant has requested an employee to work overtime, shall be 1.5times the employees hourly rate. The fee shall be paid to the Village within 48 hours of the inspection. 8. FEES BASED ON ESTIMATED COST -DOCUMENTATION REQUIRED; The Department may require the permit applicant to submit appropriate documentation as proof of estimated cost of construction used to compute permit fees. 9. BUILDING PERMIT PROCESSING FEE: A fee of of thirty°,dollars ($30.001 shall be charged for processing each permit application. 10. CONTRACTOR REGISTRATION FEE: An annual fee ofbent-y-dollars ($20.00) twenty five dollars ($25.00) shall be charged for registering general contractors. 11. ZONING PLAN REVIEW FEE: Twenty five dollars ($25:00) $20:80 minimum and $-2-08.80-max-i um--based-on a -formula -of $.0025 x sq. ft.. thirteen cents {$.13 per sq. ft. of floor area) shall be applied to any building permit application that requires review for compliance with the Zoning and Land Development Regulations. ' 12. SITE PLAN REVIEW FEE: Two hundred dollars ($200.00) shall be charged for the review of asite plan for new construction of any single family or duplex, for an. apartment building, of commercial building or any addition, renovation or repair that exceeds 50% of the floor area of the present structure, BUILDING PERMIT FEES Fees listed in section B include only building permit fees and do not include plumbing, electrical or mechanical fees, certificate of occupancy fees, zoning, planning or contractor/tradesmen fees which are listed in the following sections: 1, UP -FRONT PROCESSING FEE: Whenthe building permit application is received, the applicant shall pay an up -front Processing fee equal to nine dollars ($0 00) for each 100 sq -+re fee+ r.r fractional part4hn cef fi. e doll. ($5 n0) 100% of the estimated cost of the building permit fee including 100% of the Zoning Plan and Site Plan Review Fees. This processing fee is not refundable; but shall be credited toward the final building permit fee. 2. MINIMUM BUILDING PERMIT FEE: Minimum Fee for a Building Permit This minimum does not apply to add on building permits issued as supplementary to current outstanding permits for the same job_ $100.00 3. NEW BUILDINGS OR ADDITIONS: a --Single Family, Apartments, and Duplex (Group 1): 0100 -q. ft $30,08 101 to 300 sq. ft 301 to 500 °q. ft. --8d-:00 $42$4. 0 54}1--te-1800-sq t $-2-2x.00 5 1001- to ,1500,-sq--ft, $ 325-00 for each=500-sq`-ft-or-fraction thereof above-1500-sq.- t- ,New -construction. including additions $ 10000 0.70 per sq. ft Alterations or repairs of existing floor $-010 $0.07 per $ 1_00 of estimated space, value of work. Minimum fee of $ 100.00 maximum -fee -of$-. x,`00-00 b. All Other Construction: -Repairs clue toifrre damage $ 0,05 per $`too of estimated value of •wotfl, N4 n,mum fee of $.22500° Stdrageand industrial use of Group E and,F occupancies $ 925 per 100 sq ft or, fraction thereof: IMiniitum«,fee o $ 225,00 . Shade houses $ 0,35 per 100;.sy ft. or frpcptork thereof Slabs $ 70.00 New construction other than as specified herein. (water. towers, pylons, bulk., storage -tank found on, unusual limited -use buildings, marquees, and similar construction) $-9-1-8-$;12.25 for each $.1,000 of estimated cost of fraction thereof. Subsoil preparation for. each $1,000 of esidlated costs 1$5. 5 All other construction, alterations, and repairs $ 18,00 100 ft fraction thereof. per cq or Minimum fee of $ 225.00 $250;00-ef $4245174 $18.00 per $1000.00 of estimated cost or fraction thereof„ whiGh,;ever is app8cable.... 4. ROOFING AND RE -ROOFING FOR ANY BUILDING*: Roofing shingle $ 0.10 ' $0.13 per sq. ft. minimum fee $ 100.00 Roofing tile ' $0:10 .,$,100 00,, $0.13 per sq. ft minimum fee , - Other types of roofing material $-0,08 $ 100.00 $0.13 per sq. ft. minimum fee Fees for buildings multiple -roofs shall be based on the square footage cost of each type. 6 5. FENCES AND/OR WALL, PERIMETER: For each 100 linear ft or fractional part thereof $-1.60 $1.92 ;Minimum fee $ 100.00 6. ORNAMENTAL IRON: Per sq. ft._of coverage $035 $0,66 SWIMMING POOLS, SPAS, AND HOT TUBS Installation o&repair $ 120.00 $144.00 8. TEMPORARY PLATFORMS AND TEMPORARY BLEACHERS TO BE USED FOR PUBLIC ASSEMBLY For each 100 square feet or fractional part of platform area $56 $6.30 For each 100 lineal ft. or fraction part of seats $--0.50 $5.40 9. DEMOLITION OF BUILDINGS For och 100 cq. ft or fractional part of floor area For each sq. ft. of floor area 8 11.25 Minimum fec of $100.00 $0.15 per sq ft: minimum S100.00 10. DEMOLITION OF SIGNS, FENCES, AND/OR WALL STRUCTURES OTHER THAN BUILDINGS Fee $ 100.00 11. SHOP DRAWING REVIEW a Trusses First 600 sq. ft. or> fractional -part For each 100 sq. ft or fractional part there of $ 13:65 $16.38 7 u -I b. Precast/prestress Roof, floor, walls, and similar structures - each 1,900 sq ft_ or fractional part $ 7.00 $8.40 Overhead doors, each $ 700 $8'40 d -Skylights;-each..: $-7,0 ' $8.40 e. Handrails and stair rails per linear ft. $-1-00 $120 €. Storefront/fixed glazing - (Under 8 ft high x 4 ft. wide) 100 sq. ft. or part i, $ 7.75 $9_30 g Walk En coolers, each $-642-4 $77.04 12. INSTALLATION OR REPLACEMENT OF WINDOWS OR DOORS: Replacement of,vnndows: and exterior doors in all -buildings or installation of windows or doors in building exceeding two stories in heiight, or storefronts and fixed glass 8 ft in height or 4 ft in vertical muijipn, spacing, or curtain walls including windows and doors therein. 1 For each 109 sq ft. or fractional part $5 •$8610 Minimum fee $ 100.00 13. SCREEN ENCLOSURES, CANOPIES, AND AWNINGS a. Screen enclosures each 100 sq ft or fraction thereof $-945 $11,22 b. Free standing canopies per $ 1000.00 of estimated cost $ 9.35 $11.22 c Awnings and canopies attached to structures ` horizontal projection per sq. ft_ of area covered $ 0,10 $0.20 d Storm shutters: per sq. ft of area covered $ 0.00, $0.20 e Minimum fee $ 100.00-. 14. TRAILER TIE DOWN Tie down inspection fee: including tie down, plug in of plumbing and electrical service connections per trailer (This does not include installation of meter mounts and service equipment Separate mechanical plumbing and related electrical permits are required. 8 $-80:00 $96.00 15. SIGN PERMIT FEES a. Minimum fee $ 100.00 b. ' Signs: non -illuminated {per sq. ft.) (Illuminated signs under electrical permit $ 1.35 $1.62 c. Annual renewal of Class C signs on or before October lst of each year (per sign) $ 32.00 $38.40 16. SATELLITE DISH, ANTENNA, OR DEVICE USED TO RECEIVE OR TRANSMIT A SIGNAL THROUGH AIR OR SPACE Serving a single family home, duplex, or a dwelling unit for any device that is more than 36 inches in diameter One fee total for all trades $-37-50 $45.00 Serving more than two dwelling units. Per dish, antenna. even if, mounted on one pole. $x60:00 $192.00 17_ TIE DOWN RE -INSPECTION Minimum fee $ 100.00 C. PLUMBING PERMIT FEES 1. MINIMUM PLUMBING PERMIT FEE Except as otherwise specified. This minimum does not apply to add on plumbing permits issued as supplementary to current outstanding permits for the same job. $:100.00 2. RESIDENTIAL PLUMBING ( GROUP 1) New single family residence or duplex per sq. ft. $ 0.10 $0.13 Addition or remodeling of existing floor area to single family 'residence or duplex per sq. ft $-040 $0.13 Minimum- fee $ 100.00 9 3. ALL. GROUPS EXCEPT GROUP SINGLE FAMILY AND DUPLEX GROUP Roughing -in Plugged Outlets for Bathtubs; closets, doctors, dentists, and hospital sterilizers, autoclaves, autopsy tables and other fixtures, appurtenances or other appliances having water supply or waste outlet, or both, drinking fountains, fixtures discharging into traps or safe waste pipes, floor drains, laundry ttibs, lavatories, showers, sinks, stop sinks, urinals, water heaters: For each roughirig or plugged outlet ...WO $7.68 Each roughing -in or plugged outlet replacedon old roughing $-640' $11.22 in: each fixture Pool 'heaters installed' r"epiaced, or repaired ;00.00 SEPTIC TANKS, SETTLING TANKS, GAS. AND OII. INTERCEPTORS, GREASE TRAPS Including tank abandonment, draintile and relay for same ,$-31-g9 $38.04 5. SEWWER. Each building storm sewer and each building sewer where connection is made to a septic tank, to a collector line or to an existing sewer or to a city sewer or soakage pit or to a bonding drain outside a building. $38.52 Sewer capping/demolition k 6. CONDENSATE DRAIN (AIR CONDITIONING) $-32:4-0 $11.22 Per outlet 4.21i $5.14 $ Except, single not manifolded NC not exceeding 5 HP No charge WATER PIPING Water service connection to a municipal or private water supply system (for each meter on each lot) $8:50 $10.20 Water connection or outlets for appliance or installations not covered by fixture set above $-&6O $10.20 10 irrigation system, and underground sprinklersystem for each zone $-48700 $21.84 Solar water -heater installation, equipment replacement or repair $ 96.30 $115.56 Swimming pool maintenance, water heater piping, hot including well (new installation of replacement including service connection $ 107.00 $128.40 Residential $407:00 $128.40 All groups excluding residential $ 107.00 $128.40 Sump pump $ 8.55 $10.26 2 inch or less water service backflow assembles $--3745 $44.94 2 1/2 inch or less water service backflow assembles $-5885 $70.62 Repairs to water piping: for each $1,000 estimated cost or fractional part $ 6.15 $7.38 . WELLS All wells $ 56'20 $67.44 9. NATURAL GAS OR LIQUEFIED PETROLEUM Group 1: For each outlet (includes meters and regulators $ 6.42 $8.64 Group 1: For each appliance (does not include warm air heating units, but does include invented space heaters and vented wall heaters -No duct work) (See Fee section E (3) for heating) $ 6.42 $8.64 All other Groups: For each outlet (includes meters and regulators S 10.70 $10.92 All other Groups: For each appliance (does not include warm air heating units, but does include invented space heaters and vented wall heaters -No duct work) (See Fee section E (3) for heating) $ 10.70 $10.92, For each meter (new or replacement) $ 1.30 $5.16 For major repairs to gas pipe where no fixture or appliance installation' in involved $ 407-.00 $128.40 Underground L.P. Gas Tanks $-107.00 $128.40 11 11 Above ground L.P. Gas. Tanks $407=80 $128.40 Change of company. (no additional appliances or outlets $ 17.00 $128.40 WATER TREATMENT PLANTS, PUMPING TREATMENT PLANT AND LIFT STATIONS STATIONS, SEWAGE Water treatment -plant (interior plant piping) $�-22470 $269.64 Sewage treatment plant (intenorplant piping). $-16&50 $192.60 t3ft,station (interior station piping) : $-25.6=80 $308.16 Sewage ejector $7558 WATER AND GAS MAINS Minimum fee 100.00 $120.00 Each 50 ft or part thereof (On private property and other than utility easement) :7$44. o $9.00 12 STORM AND SANITARY UTILITY AND/OR COLLECT FOR LINES AND BUILDING DRAIN FIELDS Minimum fee 100.00 Each 50 ft. or part thereof '$--7,S0 $9.00 Each manhole or cat tbasin $ 10_70 $12.84 3, TEMPORARY TOILETS k WATERBORNE OR CHEMICAL First temporary toilet $',1B 15 $57.78 For each additional $10.62 Renewal of'temporary toilet Sane fee as original fee 12 14. DENTAL VACUUM LINES Each system $ 107.00 $128:40 15. CONSTRUCTION TRAILER OR MANUFACTURED HOME CONNECTIONS Each unit $407-00 $128.40 D. ELECTRICAL PERMIT FEES 1. MINIMUM ELECTRICAL PERMIT FEE INCLUDING REPAIR WORK FOR PERMIT Except as otherwise specified. This minimum does not apply to add on electrical permits issued assupplementary to current outstanding permits for the same job. $.100.00 2. PERMANENT SERVICE TO BUILDINGS NEW WORK ONLY The following fee shall be charged for total amperage of service: for -each 100 -amp. -or -fraction Thereof $ 4.80 $6.48 Each feeder (Includes feeders to panels, M.C.C.; switch- <: $42,86 $15.42, boards, generators; automatic transfer switches, elevators, eta) 4. AGRICULTURAL SERVICE Per Service $ 53.50 5. TEMPORARY SERVICE FOR CONSTRUCTION Per service $ 53.50 S. TRAILER SERVICE (RESIDENTIAL) 13 Per service $-53:50 $64.20 TRAILER SERVICE (ALL OTHER GROUPS) Per amp (per service) $`8-85 $70.62 TEMPORARY SERVICE FOR TEST a. Equipment and service (30 day limit) per meter 9630 $,115.56 b: Elevator (180 day limit) per elevator 1.30 $115.56 RESIDENTIAL WIRING: New construction of Group I and living units of Group H.) Applies Ulan electrical installations except commonareas, parking lot area and%r buildings and house service of Group H. For 'new construction, additions, . rehabititation,of existingfloor area or new Wiring for each aq. ft. of rftoor-area.:. ;:.._ ' $'-9.88 ,. $0.13 Minimum fee $ 100.00, Alteratiohs`o'r rep'aws per $ 1.{.10 - estimate boost or fractional. Part Minimum fee $ 100.00 $0.06 Common areas of Group H, includes: corridors, public lounges, elevators, pumps, A/C (public area), lights, outlets house and emergency service, etc. These areas shall be subject to the fees below: 10. ALL OTHER WIRING a. Includes boxes, receptacles, switches, sign, fractional motor, fans, low voltage'outtets, empty outlets for telephone, CTV, each outlet, 110 volt smoke detectors -each -outlet, box $ 1.70 $2.04 b. Special outletup to 60 amps $-750 $9.00 a Special outlet over 60 amps $-4390 $16.68 d_ Commercial equipment, VA rated) X-ray outlets, commercial cooking equipment, presses, generators, transformers, permanently connected. For each 10 KW or fractional part $-7,10 $9.00 14 0 e. Motors (Fractional already covered on general outle Each motor $ 9.65 $11.58 Air conditioning and refrigeration system (new work). Applies to commercial and residential, agricultural and industrial. Covers related work, except wall or window units which are covered under special outlets, 1. Per ton or fraction part thereof 2. Air conditioning and refrigeration system strip heating, space heating. For each 10 KW of fractional part a Replacement or relocation of existing A/C and refrigeration units (same size) a. Per ton b. Per KW 5-6.40 $7.68 $-7-:00 $8.40 $ 2:15 $2.58 $ 1.07 g. Electrical equipment - replacement (existing facilities) Fee based on cumulative cost of the following components: 1. Switchboards, M.C.C_, panels, control boards. For each board 2. Motor replacement for same size a. From 1 HP to 5 HP for each motor b. From 5 HP to 100 HP for each motor c. Over 100 HP for each motor $ 1515 $18.90 $6.00 $ 4.30 $5.16 $ 1515 $18.12 11. LIGHT NG FIXTURES: Fee based on cumulative cost of the following components: Includes floodlights, spotlights, parking lights, tennis court lights, fluorescent and incandescent fixtures, eta a. Per fixture $ 1.60 $1.90 b. Plugmold, light track, neon strips. Each 5 feet or fractional part $-3:30 $3.96 c. Per lighting pole (standards) (Fixture to be charged separately) $40,70 Group 1 pole $12.84 $46:08 Commercial pole $19.20 12. SIGNS AND ARCHITECTURAL FEATURES (INDOORINEONS) Per outlet $ 13.10 $16.08 Per-sq. ft. of sign (non -neon signs only) $ 1.35 $1.62 Repairs and re -connection each $410,26 196.30 15 111 Neon strips each 5 ft. or fractional, part $278 $3.20 Minimum fee $ 100:00 13. TEMPORARY WORK ON CIRCUSES, CARNIVALS, FAIRS, CHRISTMAS TREE LOTS, FIREWORKS, TENTS, ETC.: Per ride or structure $-53:58 $64.20 Minimum fee 200.00 14. FIRE DETECTION SYSTEM:. Includes fire alarm systems, Halon, eta Does not include single 110 volt residential detectors(needs category 04 processing). a. Master control, New and upgrades $43446 $161.70 b. Each device 1.31`. $4.80 Repairs and additions to existing systems $-400.00 $120,00 15. MASTER TELEVISION ANTENNA AND CABLE; ;anct telephone, empty conduit syseer 0 SYSTEM: Does not include Does include free wiring of same a. Master Control' 424:40 $25.68 b. Each device $4,80 $1.56 16. BURGLAR ALARM SYSTEM a Installation wiring $-4845 $5978 b. Master control Installation devices -fee pe device $-48;,#5 1.20 $57.78 $1.44 per $ device c. Complete system $ 96.30 $115.56 d; Repair per system , $-484-6 $57.78 17. INTERCOM SYSTEM: includes residential, nurse call, paging. etc. 16 a. Each new system all groups $-96730 $115.56 b. .Each device $ 1.30 $1.56 c. Repair each system, all groups accept Group 1 $497L00 $128.40 18. ENERGY MANAGEMENT a Per floor $4-1-2736 $135.00 b. Each device $a30 $1.56 c. Repair per floor $-107-:00 $128.40 19. SWIMMING POOL, ELECTRICAL: Fee based on cumulative cost of the following components" a. Residential pool & spa (Group I) (includes motor and pool fights $-4800 $128.40 b. Residential combination pool/ spa (Includes motor and pool lights $ 107:00 $128.40 c. Pool deck fights outlets per fixture or outlet $x-68 $1.92 d Pool/spa heater per unit (residential/commercial $ 96.30 $115.56 e. Commercial and multi -family dwelling poot and spa $450,08 $180.00 f: Commercial and multi -family dwelling combination pool and spa, $-283-00 $243.60 20. FREE STANDING SERVICE: New meter and service (requires processing). Fee based on cumulative cost of the following components: Includes lift stations, sprinkler systems, street lighting, parking lots, etc. that require new service with separate meter. a. Service -per pump $&780 $0.96 b. Outlet per outlet SA -60 $1.92 17 a Lighting fixture, per fixture $ 1.60 $1.92 d. Motor 105 HP, per motor $-6}40 $7.68 e. Over 5 HP to. 100 HP, per motor $ 8,80 . $10.56 f. Over 100 HP, per motor X49 $2'5:58 g Per lighting pole (standards) $ 7.50 $9.00 C*ANICAL PERMITS... MINIMUM MECHANICAL PERMIT FEE zExce'pt: as otherwise. specified. This minimum does not apply to add on mechanical permits issued as supplementary to current outstanding permits for the same job. *2. f esetved $100.00 43. MECHANICAL SINGLE FAMILY RESIDENCES AND DUPLEXES GROUP I (INCLUDES CATEGORIES 03, 10, AND 41) a New construction per sq. ft. 4-7,60 $9.00 b Additions to single family residences and duplexes per sq. ft $ 7.50 $9.00 c Minimum fee $ 100.00 AIR CONDITIONING AND REFRIGERATION, INCLUDING THE RELOCATION OF EQUIPMENT: separate permits are required for electrical, water and gas connections a. For each ton capacity or fractional part thereof $-4&00 $19.20 b. Room A/C unit 18 $ 37.46 $44.94 0 c. Minimum fee $ 100.00 5. FURNACES AND HEATING EQUIPMENT, INCLUDING COMMERCIAL DRYERS, OVENS AND OTHER FIRED OBJECTS NOT ELSEWHERE CLASSIFIED: (Includes all component parts of the system except field and electrical lines). For vented and unvented waif heaters, see paragraph C. a. For each KW or fraction thereof $ 3.20 $3.84 b. Minimum fee $ 100.00 FIRE SPRINKLER SYSTEM a. Per standpipe $ 21.40 $25.68 b. Per sprinkler head $ 1.07 $1.28 c. Per hose rack or hose bib $ 10.70 $12.89 d. Per connection to community supply $ 53.50 $64.20 e. Each 50 ft of underground piping or part thereof $-2-140 $25.68 Fire pump and/or siamese connection, each $-89.25 $96.30 g. Minimum fee $ 100.00' . STORAGE TANKS FOR FLAMMABLE LIQUIDS Per tank $ 160.00 8. INTERNAL COMBUSTION ENGINES Stationary, each $ 80.25 $96.30 COMMERCIAL KITCHEN HOODS Each hood $ 133.75 $160.50 19 t .10: -OTHER FEES..:. a Fire chemical halon and spray booths $ 112.35 $134.82 lnsutation, Pneumatic Tube, Conveyor Systems, Pressure and Process Piping, Sheets,' or Fiberglass Air Conditioning Duct, Cooling Towers, Mechanical Ventilation Ductwork or Ductless Ventilation 1. For each $ 1,000.00 or fractional of part. of ' ' estimated cost 2. Minimum fee $ 11.25 $13.50 $ 14090 F. ELEVATORS, ESCALATORS, AND OTHER LIFTING APPARATUS Permits and, inspections are provided by Miami -Dade County. If the Village provides these services, then the fees established by the County shall be used by the Village. 1. AMUSEMENT RIDES AND DEVICES a. For each portable, ride, or tempera of30day unit (maximum. 101 65, $121.98 b. For each permanent unit installed or altered $ 337.00 $404.40 c. Annual inspection for each ride or device at arty location (permanent installation only) $-3347 $3980 G. BOILERS AND PRESSURE VESSELS: Installation permit fees: 'Including in'tial inspections and certificate. Does not include: installation or connection of field and water lines. BOILERS: the following fees apply to each boiler to be installed: a. Boilers less than 837 MBTU each $ 107.00 $128.40 oilers 837 MBTU to 6,696 MBTSU each, $407:00 $128.40 20 c. Boilers 6,695 MBTSU and up each $ 133.75 d. Steam drivers prime movers, each $107.00 $128.40 e. Steam activated machinery,each $ 107:00 $128 40 f. - Unfired pressure vessels (operating at pressures in excess of 60 psi and having volume of more than 5 cubic feet) each pressure vessel $-487-80 $128.40 FEES FOR PERIODIC RE -INSPECTION a: Steam boilers (annual) each x-13375- $160.50 b. Hot water bolters (annual) each $ 55.65 $66.78 c.` Unfired pressure vessels (annual) each $ 5000 $60.00 d Miniature boilers (annual) each $ 50:00 $6000 e. Certificate of inspection (where inspected by insurance company) each $ 80.25 $96.30 f. Shop inspection of boiler or pressure vessels per completed vessel $40724 $96,30 g. Minimum fee $ 165.00 per half day, regardless of number of vessels inspected $ 358.50 $430.20 CERTIFICATE OF USE AND OCCUPANCY AND CERTIFICATE OF COMPLETION: The following original fees shall be paid for ail uses. The indicated renewal fee applies to those uses which are required to be renewed annually by Code or by Resolution_ Nonrenewable uses are issued permanent use and occupancy certificates which shall remain valid for an unlimited time, unless revoked for cause or abandoned and providing there is no change of use, ownership, or name, or that there is no enlargement, alteration or addition in the use or structure. RESIDENTIAL (C.O.) 21 22 Duplexes, per ` unit Townhousesper unit $-3246 $75.00 Nene Bungalow court $ 18.15 $75.00 Nene .Apartment unit or hotel, unit freoardlessof the type of - ownership) A partmentn hotele mo%r hotcf -and all -multiple -family 3 users per building 40 50 units $100.00 None 51 100 units in a .building 101 200 units in a building $-78:00 Nene Nene -re. .. sPrivate hoof, -day nursery, convalescent and nursing fine hospital uACFL and Developmentally Disabled O car .1 ESS, WHOLESALE AND RETAIL Nene $-34,00 xt,businasa_area ,. $--0:83 $0.05 $ Q6:, 0 $100,00 $ 00 UA1 USES, SPECIAL PERMITS, BUSINESS, AND INDUSTRIAL USES Alt r*Reseal uses, except the $---24800 $252.00 $-150.90 $192.00 l � e$r None None, abaref, giglitclub, liquor, or 1 pac`kage, store $-260,00 $312.00 $-265440 $318.00 Carnival, circus, or amusement rides $ 125.'0 $150.00 $ 105.00 $126.00 4. TRAILER USE CERTIFICATES: Covers administrative and initial field inspection cost for all; pes of construction site trailers. Fee also covers cost of site plan •review. b. Trailer approved for ommerciai purposes or $- 9388 $ 375.00 and temporary sales trailers $--375..00 s a. Construction field offices" $-1-35.00 $162.00 None d. Cash cccrow protecting fee $-107.04 e. Traitor tag deposit. $-27..00 None Cash escrow prose- ing (balloon}" $-53,5 g. Cash escrow prose sing (demo). $ 214.00 Nona 117 b. Demolition C. 0. $32-1-00 $385.20 None 6 5. CHANGE OF USE OR NAME When there is a change of use or name, the fee shall be the original fee listed for the use proposed. 7, 6. - REFUNDS No refunds shall be made of fees paid for use and occupancy permits. In case of error, adjustment may be made by the Director of the Building, Zoning and Planning Department S 7 OCCUPANCY WITHOUT A CERTIFICATE OF OCCUPANCY Original Fee Annual $-460.00 $192.00 plus double of the C.O. None fee as set forth in this schedule. 8: 8. FAILURE TO RENEW A CERTIFICATE OF OCCUPANCY C.O.s not renewed on or before the renewal date will be assessed a $150.00 violation fee plus a double C.O. fee. '23 0 -CER`ilFICATE-OF COMPLETION° C.C4- x. X .L. FAA II nn,�* f Fee a. Single family residence, townhouse unit. $ 26.75 $50.00 None b. All others $-3339 , $65.00 Nerve, 41, 10. TEMPORARY C.O. "UP -FRONT" FEE. Wen the. temporary G.O. (T,G.O.).application is received* the applicant shall pay a fee equal to, the cost of Certificate of Occupancy an "up front" proce,sing fce equal to twenty five dollars ($26.75) This pro ing fee s not refundable. This fce shall be deducted from the total cost of the, TOO..; This, TCO fee shall not applied to the cost of the Certificate of Occupancy_ C.O. WAND T e n INSPECTION FEE When an inspection isnecessary prior to the is„uance of a C.O. or TCO, an inspection fee inspection. Temporary C:O.s will be charged at a fee equal to the final C.O. cost in addition to the inspection fee. This fee will be needed, up to ninety (90) days. 13. C.O.. RE INSPECTION FEE to provide acce's to the property or use, a fee of fifty dollars $53:50) for each inspector paymentefa a hunded decors$ 1070 )fee 14. LETTER OF OMISSIONS FEE A fee of twenty five dollars $ 26.75) will be charged for each trade in which an item has shall be charged. 46: 11. SHUTTER CERTIFICATION A fee of fifteen dollars ($15.00) twenty five dollars ($25.00) will be charged to certify per unit. 24 1. PLANNING AND ZONING APPLICATION FEES` 1. Planning and Zoning Fee Schedule: At the time of filing an application, the appropriate fee must be paid. The amount of the fee is based on the below schedule (calculation of the fee is cumulative for each line item): a. Base application fee for any type of application (double base fee if the application is the result of a violation). Supervisory Variance (any type of use) Single family and duplex (Administrative and Regulatory Variance) Multiple Family (Administrative and Regulatory Variance) Commercial and Hotel (Administrative and Regulatory Variance) Site Plan Review Administrative Village Council Appeal of an Administrative Decision Amendment to the Zoning and Land Development Regulations Change of Zoning District Comprehensive Plan, Amendment Comprehensive Plan, Change' of Land Use $ 315.00 b. Advertising fee if notice in a newspaper 1. published in the Village 2. published in a newspaper that meets the requirements of Chapter 163 of Florida Statutes $ 500.00 $-1&9:80 $200.00 $-329=08 $50000 $ 1,000.00 $ 1,000.00 $ 1,000.00 $ 2,500:00 $ 2,500.00 $ 300.00 $ 4,500.00 c. Mailing fee: $ .50 per mailing address. d. Size of property $ 100.00 per 10 acres or any fraction thereof 25 e. Number of hotel or apartment units n :$.55.00 per 15 :units 'or <,any . . fraction thereof Size of buildings non residential only $ 55.00 per 5,000 sq. ft or any fraction thereof APPEALS OF VILLAGE COUNCIL DECISIONS For every application for an appeal of a decision by the village Council, there shall be paid to the Building, Zoning and Planning Department, for the processing for each and every application, a fee of three hundred and fifteen dollars ($315.00), to be paid at the time of application. Site plan modification, where permitted, to appeal requests will be processed at an additional cost of three hundred and fifteen dollars ($315.00) 3, PREPARATION OF CERTIFIED RECORD FOR COURT,. For the purpose of court appeals, herein the Director for the Building, Zoning and Planning Department is requested to make available the record upon which the decision of the Council is based, there shall be paid to the Building and Zoning Department, for the preparation of a•certtfied copy for the record, a fee of two hundred and SAY five dollars ($265.00) to be paid at the time of request J. COST OF PUBLICATIONS AND RECORDS 1. SOUTH FLORIDA BUILDING CODE, OTHER CODE BOOKS, SUPPLEMENTS, AND DEPARTMENTAL PUBLICATION FEES: The charge for each copy of the South Florida Building Code, other code books or supplements thereto or other Departmental Publications shall be assessed by the Budding and Zoning Department in the amount equal to the low bid printing cost plus the demonstrable cost to the department selling and distributing such code books, code supplements or departmental publications. The charge for publications of Construction Lien Law information are limited to five dollars ($5.00) per copy of publication as permitted under Chapter 713 of the Florida Statute. 2. COPIES 'OF DEPARTMENTAL RECORDS Plan Reproductions from microfilm or CD disc: Plan Reproduction from microfilm or disc -per sheet Reproduced Records - per page 26 5:00 .15 40 -YEAR RECERTIFICATION FEES For every application for 40 -year recertification under Section 104.9 of the South Florida Building Code there shall be paid to the Building, Zoning and Planning Department, for the processing of each application, a fee of two hundred and fifty dollars ($250.00). For every application for subsequent recertification at 10 year intervals thereafter, there shall be paid to the Building, Zoning and Planning Department, for the processing of each application, a fee of two hundred and fifty dollars ($250.00). Recording Fees: Established by the Clerk of the Court). M. STRUCTURAL GLAZING SYSTEMS - RECERTIFICATION FEES For the initial application for structural glazing recertification and each subsequent application under Sections 104.9 and 3515 of the South Florida Building Code there shall be paid to the Building, Zoning and Planning Department, for the processing of each application, a fee of two hundred and fifty dollars ($250.00). N. PERMIT SYSTEM FEES For every building permit (building, electrical, public works, plumbing, mechanical, signs and zoning) a fee of six dollars ($6.00) shall be assessed. These fees shall be used to purchase and maintain the building permit system including software and upgrades. O. FIRE INSPECTION FEE SCHEDULE 1. Any inspection related to the issuance of a building permit excluding the trade permits ($100.00 electrical, mechanical, plumbing, and building) and minor permits ($50.00) 2 Annual Fire Life Safety inspection: a. Multiple Family - Restaurant and places of assembly $0.30 per allowed occupant b, Hotel 1. Restaurant and places of assembly $0.50 per allowed occupant 2. Retail and Office- see schedule in subparagraph (c) below c. Retail and Office Less than $5,000 sq. ft. $ 20.00 28 Z 5,001-10,000 sq. ft. 3. 10,001-15,000 sq. ft. 4. 15,001-20.000 sq. ft. 5. More than 20.000 sq. Private Clubs Dav care: centers $ 40:00 $ 80.00 $,80:00 $100.00 RESOLUTION NO. 2002-44 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, PROVIDING FOR TRANSFER OF APPROPRIATIONS CONCERNING 2001-2002 FISCAL YEAR BUDGET, ACCOMPLISHING TRANSFER OF UNENCUMBERED APPROPRIATION BALANCE OR A PORTION THEREOF FROM ONE OFFICE, DEPARTMENT OR FUND TO ANOTHER OFFICE, DEPARTMENT OR FUND; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, it is necessary for the Village Council to approve the transfer of unencumbered appropriation balances or portions thereof between classifications of expenditures from one office, department or fund to another office, department or fund in the 2001-2002 Annual Budget of the Village; and WHEREAS, the Village Council finds that the transfer of unencumbered appropriations, as authorized herein, is in the best interest of the Village. NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS:. Section 1. Recitals Adopted. That the recitals stated above are hereby adopted and confirmed.; Section 2. Transfer of Unencumbered Appropriations Authorized. That the transfer of unencumbered appropriation balances or portions thereof from offices, departments or funds to another office, department or fund, as set forth in Exhibit "A," which is attached hereto and incorporated herein, is hereby authorized, approved and ratified. Section 3. Implementation. That the Village Manager is authorized to take all action necessary to implement this resolution. 1 RICHARD JAY WEISS, VILLAGE ATTORNEY Section 4. Effective Dace. 'T1iat'this Resolution shall be effective immediately upon adoption hereof. PASSED AND ADOPTED this 24th day .of September, 2002. MAYOR TOE I. RASCO APPROVED AS TO FORM AND LEGAL SUFFICI /T 103001 lresolutionsitransfer of appropriations EXHIBIT "A" TRANSFER OF APPROPRIATIONS IN FISCAL YEAR 2001-2002 BUDGET OF THE VILLAGE OF KEY BISCAYNE In accordance with the Resolution set forth above, a transfer from the following offices, departments or funds to the below identified offices, departments or funds is hereby made. FROM Administration Administration Administration Non -Departmental Debt Service BZP BZP AMOUNT $ 51,013 $ 31,143 $ 25,153 $139,142 $ 59,657 $ 74,603 $ 9,382 TO AMOUNT Village Council $ 51,013 Village Clerk $ 31,143 Village Attorney $ 25,153 Village Attorney $139,142 Village Attorney $ 59,657 Village Attorney $ 74,603 Recreation $ 9,382 RESOLUTION NO. 2002-43 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, 2002 THROUGH SEPTEMBER 30, 2003 PURSUANT TO FLORIDA STATUTE 200.065 (TRIM BILL); PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Section200:065 of the Florida Statutes, the Property Appraiser has made tax assessments for all real property within the jurisdiction of the Village of Key Biscayne; and WHEREAS, on July 23, 2002, the Village Council adopted Resolution No. 2002-29 determining the "Proposed Millage Rate" for the fiscal year commencing October 1, 2002 and further scheduled the public hearings required by Section 200.065 of the Florida Statutes to be held on September 10 and 24, 2002 at 7:00 p.m.; and WHEREAS, the public hearings, as required by Section 200.065(2) (c) and (d), were held by the Village Council on September 10 and 24, 2002, 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 regarding 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, 2002 through September 30, 2003 be and is hereby fixed at the rate of 3.606 mills 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 3.2429 mills and the final millage rate is 3.606 mills which is 10.06 % 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 24th day of September ; 2002: AYOR JOE I. RASCO foe HITA H. ALVAREZ, CMC, VILLAGE CL APPROVED AS TO FORM AND LEGAL SUFFICIENCY: RICHARD J. WEISS, VILLAGE ATTORNEY 0 RESOLUTION NO. 2002-42 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING AMENDMENT TO LEASE BETWEEN MIAMI-DADE COUNTY AND THE VILLAGE OF KEY BISCAYNE; AUTHORIZING VILLAGE MANAGER TO EXECUTE THE AMENDMENT TO LEASE ON BEHALF OF THE VILLAGE; AUTHORIZING VILLAGE MANAGER TO TAKE ALL ACTION NECESSARY TO IMPLEMENT THE AMENDMENT TO LEASE; AUTHORIZING VILLAGE MANAGER AND VILLAGE ATTORNEY TO TAKE ALL ACTION NECESSARY TO ENTER INTO THE AMENDMENT TO LEASE; PROVIDING FOR EFFECTIVE DATE. WHEREAS, the Village' of Key Biscayne (the "Village") desires to amend that certain Retroactive Lease A greement e ntered i nto b etween M iami-Dade C ounty ("Landlord") a nd t he Village on September 7, 1993 (the "Original Lease") with respect to that certain real property located at 85 West Enid Drive, Key Biscayne; and WHEREAS, the Village Council finds that the approval of the Amendment to the Lease amending the Original Lease is in 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 Amendment to Lease (the "Lease Amendment"), in substantially the form attached hereto, between the Village and Landlord is hereby approved and the Village Manager and Village Clerk are authorized to execute such Lease Amendment, in their respective capacities, on behalf of the Village, once approved by the Village Attorney as to form and legal sufficiency. Section 2. That the Village Manager is authorized to take all action necessary to implement the Lease Amendment. Section 3. That the Village IVlanager and Village Attorney are hereby authorized to execute all documents necessary to enter into the Lease Amendment. Section 4. That this resolution shall become effective upon its adoption. PASSED AND ADOPTED this 10th dayof September, 2002. See CHITA H. ALVAREZ CMC, VILLAG APPROVED AS TO FORM AND LEGAL SiJ RICHARD JAY WEISS, VILLAGE ATTORNEY F:\I0\1 03001 \Resolution Approving Amendment to Lease..doc II RESOLUTION NO. 2002-41 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, 2002 THROUGH SEPTEMBER 30, 2003 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 23, 2002, the Village Council adopted Resolution No. 2002-29 determining the "Proposed Millage Rate" for the fiscal year commencing October 1, 2002 and further scheduled the public hearing required by Section 200.065 of the Florida Statutes to be held on September 10, 2002 at 7:00 p.m.; and WHEREAS, the Property Appraiser has properly noticed the public hearing scheduled for September 10, 2002 at 7:00 p.m., at 85 West McIntyre Street, Second Floor, Key Biscayne, Florida, as required by Chapter 200 of the Florida Statutes; and WHEREAS, said public hearing, as required by Section 200.065(2)(c), was held by the Village Council on September 10, 2002, 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 regarding the proposed 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 proposed millage rate for the Village of Key Biscayne for the fiscal year commencing October 1, 2002 through September 30, 2003, 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 3.2429 mills and the proposed millage rate is 3.606 mills which is 10.06 % 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, 2002 through September 30, 2003 be and is hereby set at the Council Chamber, 85 West McIntyre Street,"Second Floor, Key Biscayne, Florida, on Tuesday, September 24, 2002, at 7:00 p.m. 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 upon adoption. PASSED AND ADOPTED this 10th day of September, 2002. ITA H. ALVAREZ, CMC, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: RICHARD J. WEISS VILLAGE ATTORNEY RESOLUTION NO. 2002-40 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; DIRECTING THE VILLAGE MANAGER TO ISSUE A REQUEST FOR PROPOSALS FOR CONSTRUCTION PROGRAM MANAGEMENT SERVICES RELATING TO THE COMMUNITY CENTER AND INFRASTRUCTURE FOR THE CIVIC CENTER; CREATING A COMMITTEE FOR PURPOSES OF PROVIDING THE VILLAGE COUNCIL WITH A RECOMMENDATION RELATING TO THE SELECTION OF A CONSTRUCTION PROGRAM MANAGER FOR THE COMMUNITY CENTER AND INFRASTRUCTURE FOR THE CIVIC CENTER; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Civic Center project includes the Administration/Police Building, Fire Station, Community Center, and related improvements to the infrastructure; and WHEREAS, the Village's agreement with Florida Department of Management Services does not provide for Construction Program Management Services for the Community Center; and WHEREAS, staff o f t he F lorida D epartment o f M anagement S ervices h as advised the Building, Zoning, and Planning Director that said Department is not interested in providing construction management services to the Village for the Community Center and the remaining infrastructure; and WHEREAS, it is advantageous to encourage citizen involvement in the selection of the Construction Program Manager. 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 directed to prepare a Request for Proposal and to solicit individuals and/or fines for a Construction Program Manager. Section 2. That a three (3) member Committee be appointed to assist in evaluating and ranking the responses to the Request for Proposals. No member shall be a candidate for office in the Village of Key Biscayne in 2002. Membership on the Committee is limited to persons possessing at least one of the following qualifications: 1. Direct supervisory responsibility in the development, construction, or management of real estate projects in excess of $5,000,000. An attorney who is primarily involved in the development of real estate projects in excess of $5,000,000. A general contractor, architect, or engineer with experience in directing the construction of real estate projects in excess of $5,000,000. 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. 3rd day of September , 2002. T: hart CONCHITA H. ALVAREZ, CMC, VILLAGE CL APPROVED AS TO=FS,' AND LEGAL SUFFICI RICHARD TA WEISS ` ILL E TTORNEY 0 RESOLUTION NO. 2002-39 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; ADOPTING THE 2002 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 July 16, 2002. 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 2002 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 July 16, 2002. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 3rd day of September , 2002. MAYOR JOE I. RASCO T. NCHITA H. ALVAREZ, CMC, VILLAGE CL APPROVED AS TO FORM AND LEGAL SUFFIC RICHARD J Y WEI VIL— ATTORNEY EXHIBIT "A" 02 WAGE OF KEY BISCAYNE ILLAGE COUNCIL`GOALS AND OBJECTIVES' Introduction: Since incorporation of the Village, the Council of the Village of Key Biscayne has adopted Goals and Objectives on (10) separate occasions. These Goals and. Objectives are one of the primary factors utilized for the development of the Anmual Operating Budget and the Five (5) Year Capital Improvement Program (CIP). The CIP is updated annually: On July 16, 2002, the Village Council held its annual Goals and Objective session. After extensive if *discussion and by consensus, the Council recommended the following goals and objectives. Goals are divided into the following priorities: Top and High Priorities and Long Tenn Objectives. Top Priority (0-12 Months) A. Beautifying and Maintaining All Areas Under Village Control • Continue high level of beautification and maintenance of areas under Village control B. Civic Center • Community Center • Lobbying efforts to secure outside funds for these projects C. Community Information Strategy and Action Plan • Continue improving the use of Channel 16 • Adding two PEG channels for the Village • Village Computer System Improvement Program • Emphasis on improving web site • Consideration of quarterly newsletter or other means of communication • Press/Media Relations D. Senior Program • Transportation Service • Long Tenn Policies 2 Crandon Boulevard Beautification and Improvements • Develop Plan Street Tree Planting Sidewalks Re-examine Curbing Bus Shelters • Sidewalks to State Park • Crosswalks (including Button. Operated Lights) Signalization Lights, and Landscaping Develop Crandon Boulevard Master Plan • Study Seaview/Crandon Boulevard intersection crosswalk F. New Manager • Review Performance • Bi-Annual Performance/Review of Departments Park Security • Monitor and Make Recommendations Pedestrian Comprehensive Strategy • Re-examine sidewalk plan for West Mashta • Grapetree Street traffic calming • Pedestrian/bicycle safety on roads Playing Fields • Continue efforts to maintain existing fields on Crandon Park • Review development of Calusa Park • Pursue inter -local agreement with School Board to develop fields at MAST Academy • Development of playing field at 530 Crandon Boulevard • Lighting Study - Village Green • Continue to develop potential fields on Virginia Key • Continue to review potential use of Miami Rowing Club Residential Street Signs • Investigate Replacing Village Street Signs o Sanitary Sewer ConstructionProgram Continue to pursue Grants and Secure Federal. Funding L. Pathway between Calnsa Park and Crandon Park Tennis, Center M. Parking • Comprehensive parking plan study • Resident -only parking areas Study of Land Acquisition • Easement to Mashta flats • Waterfront property • Mini Parks • Real Estate Exchange 0. Develop High Quality Key Biscayne Elementary School K-8 • Increased Parking/Feasibility of diagonal parking • New Middle School Building • Partner with Key Biscayne Community School/PTA/ Miami -Dade County Public Schools P. Grants and Other Funds • Aggressively pursue grants • .Secure Causeway funds • Lobbying efforts at the County, State and Federal levels Customer Service • Commitment to excellence improving customer service Review of Noise Ordinance Develop Short and Long Term Plan for Fire Rescue Department • Address staffing needs • Plan now to handle City of Miami contract • Equipment Review • Study Charge for Rescue Calls 4 . Review of Sufficiency of Emergency Fund U. Creation of Key Biscayne Youth Council High Priority (12-24 Months) A. Harbor Drive Beautification and Improvements Restructure from Crandon Boulevard to Fernwood Road B. Ocean Lane Drive Street Beautification and Improvements • Reclaim Swales Sidewalks C. Begin Implementation of Crandon Boulevard Beautification HI. Long Term Objectives (24 Months or More) A. Residential Street Lighting Study (TBD) • Village -Wide Lighting Design Study • Replacing Existing Lights with Village Character Lights B. Underground Utilities:. Study ($1O M est.) • Explore Financing Options • Holiday Colony • Crandon Boulevard • Complete at the Same Time as Street Lighting (Item A) C. Sanitary Sewer Program • Construction • Water Pipe Replacement • Funding D. Complete Implementation of Crandon Boulevard Beautification 5 RESOLUTION NO. 2002-38 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; INCORPORATING RECITALS; EXPRESSING SUPPORT FOR, THE CONTINUING EXISTENCE OF THE HUMAN RIGHTS ORDINANCE THAT PROHIBITS DISCRIMINATION BASED ON SEXUAL ORIENTATION, AS ADOPTED BY MIAMI-DADE COUNTY COMMISSIONERS IN 1998; OPPOSING THE SEPTEMBER 10, 2002 BALLOT QUESTION THAT WOULD REPEAL THE MIAMI-DADE COUNTY HUMAN RIGHTS ORDINANCE NO. 98-170; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Miami -Dade County's success as a thriving international business and banking center and its success as an international tourist destination is a result of accepting the diversity of both our local residents and the global clientele we serve; and WHEREAS, the Village Council of the Village of Key Biscayne agrees with the business principle than individual's ability should not be measured with regard to their race, color, religion, ancestry, national origin, sex, pregnancy, age, disability, marital status, familial status, or sexual orientation; and WHEREAS, the Village of Key Biscayne is committed to the concept and practice of equal employment opportunity; and WHEREAS, it is the policy of the Village of Key Biscayne to recruit, hire, train and promote into all job leveIs employees and applicants for employment without regard to race, color, age, sex, national origin, religion, marital status, sexual orientation, or disability; and WHEREAS, the Miami -Dade County Commission has scheduled a countywide Special Election to be held on Tuesday, September 10, 2002, for the purpose of submitting to the voters of Miami -Dade County the question of whether Miami -Dade County Ordinance No. 98-170, relating to prohibiting discrimination based on sexual orientation in housing, credit and finance, public accommodations, and employment shill be repealed; and WHEREAS, t he V illage o f K ey B iscayne i s c ommitted t o t he t raditional p rinciples o f equality and fairness for all citizens of Miami -Dade County embodied within the Miami -Dade County Human Rights Ordinance and opposes the practices of intolerance and discrimination; and WHEREAS, the Village Council of the Village of Key Biscayne shares a concem that a repeal of the Miami -Dade Human Rights Ordinance would project a very negative and divisive image to the world that could aversely impact the economy of Miami -Dade County. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS: Section 1. Incorporation of Recitals. That the recitals set forth above are incorporated herein by reference. Section x Expression of Support. That the Village Council of the Village of Key Biscayne hereby supports efforts to ensure that the Miami -Dade County Human Rights Ordinance, which prohibits discrimination in employment, family leave, public accommodations, credit and financing practices, and housing based on race, color, religion, ancestry, national origin, sex, pregnancy, disability, marital status, familial status or sexual orientation, remains intact. Section 3. Oppose Efforts to Repeal the Human Rights Ordinance. That the Village Council of the Village of Key Biscayne specifically opposes any effort to repeal that portion of Miami Dade County Human Rights Ordinance 98-170 that prohibits discrimination based on sexual orientation, and encourages all voters to vote on September 10, 2002, and to vote: "No - against repeal." Section 4. Authorization to Village Clerk. That the Village Clerk is hereby directed to provide a copy of this Resolution to each of the Miami -Dade County municipalities, to the Miami - Dade County Board of Commissioners, and to Miami -Dade County Mayor Alex Penelas. Section 5. Effective Date. This resolution shall be effective immediately upon adoption. PASSED AND ADOPIED this 3rd day of September 2002. YO1 7OE7; RASCO HITA H. ALVAREZ, CMC, VILLAGE CLE APPROVED AS i °:ORM AND LEGAL SUFFICIENCY: RICHARD i Y W4 IS , VILLAGE ATTORNEY 0 0 RESOLUTION NO. 2002-37 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING SPECIFIED PERSONS TO EXECUTE CHECKS FOR THE VILLAGE OF KEY BISCAYNE; SUPERCEDING RESOLUTION 99-22 AND 99-23 ON THE SAME SUBJECT TO THE EXTENT OF ANY CONFLICT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village Council desires to enable the Village Manager to co -execute certain checks of the Village in those limited circumstances in which the Village Clerk is not available for such purpose; and WHEREAS, the Village Council desires to authorize the Village Clerk to utilize the Village Clerk's signature stamp for certain checks in lieu of a manual signature. 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 recitalsstated above are hereby adopted and confirmed. Section 2. Authorization; Checks Up To 510,000.00. That the Village Clerk is hereby authorized to execute checks on behalf of the Village in an amount not to exceed $10,000.00 per check. In lieu of a manual signature, the Village Clerk is hereby authorized to utilize a facsimile stamp of the Village Clerk's signature for checks executed pursuant to this Section. Section 3. Authorization; Checks of Any Amount. That the Village Clerk (or the Village Manager in the absence of the Village Clerk), together with the Mayor or the Vice Mayor or any other Council member, are hereby authorized to execute checks on behalf of the Village _lU 103001kesolutions\authorizing specified persons to execute checks without limitation on the amount of said check. Section 4. Conformance With State Law. That any checks issued by the Village shall comply with the requirement of Sec, lib6.241{3}, Fla. Stat., that such check be supported by a budget appropriation. Section 5. Conflict. That this Resolution shall supercede Resolution 99-22 and Resolution 99-23 to the extent of any conflict. Section 6. Effective Date. That this Resolution shall be effective immediately upon adoption. PASSED AND ADOPTED this 3rd day ofSeptember, 2002. MAYOR JOE I. RASCO g L CHITA H. ALVAREZ, CMC, VILLAGE CL APPROVED AS tri'q FORM AND LEGAL SUFFICI SS,, VILLAGE ATTORNEY 0 RESOLUTION NO. 2002-36A A RESOLUTION OF THE VILLAGE, COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AMENDING THE AGREEMENT WITH ROBERT G. CURRIE, PARTNERSHIP INC. FOR ADDITIONAL DESIGN SERVICES FOR THE COMMUNITY CENTER; PROVIDING FORANEFFECTIVE DATE. WHEREAS, the Village and Robert G. Currie Partnership, Inc. have entered into an Agreement related to the provision of architectural services for the design of a Community Center; and WHEREAS, the Robert G.' Currie Partnership, Inc. has completed plans for a building permit WHEREAS, the Community Center Committee recommended that alternative plans be considered with the objective of reducing the size of the building and the site; and WHEREAS, the Village Council held several workshops and public meetings regarding design of the Community Center; and e WHEREAS, as the Village Council reviewed eight (8) options relating to the design and siting of the Community Center; and WHEREAS, the Village Council, following a public hearing on July 23, 2002, approved a site plan that is substantially different from the plans that were submitted for a building permit; and WHEREAS, in order to proceed with new plans it is necessary to amend the Agreement with the Robert G. Currie Partnership, Inc. NOW, THEREFORE BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS: Section 1. That the attached Amendment to the Agreement with the Robert G. Currie, Partnership, Inc. in 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 authorized to take any and all actions necessary to immediately implement all of the purposes and intent of this Resolution and attached Agreement. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED taus 27th day of August , 2002.' MAYOR OE;I. RASCO • �CHITAH. ALVAREZ, CMC, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY 2 ROBERT G. CURRIE PARTNERSHIP Architects; Planners & Interior Designers AA0002271 . ROBERT G. CURRIE PARTNERSHIP, INC'. CONSULTING SERVICE AUTHORIZATION DATE: August 27,.2002 SERVICE AUTHORIZATION NO. One (1) FOR CONSULTING SERVICES TITLE: Village of Key Biscayne. Recreation Center RGCP # 990713. Robert G. Currie, AIA Jess M. Sowards, AIA Jose N. Aguila,AIA This Service Authorization, when executed, shall be incorporated in and shall become an integral parr of the Agreement dated May 21, 2001, as amended, between the Village of Key Biscayne and The Robert G. Currie Partnership, Inc. PROJECT DESCRIPTION The Architect will prepare permit and construction documents based on the site plan approval of July 23, 2002, and the attached site plan, floor plans and elevations, dated July 31, 2002, attached as exhibit "B". The project generally consists of a two story recreation facility of approximately forty thousand square feet plus a subterranean parking garage with approximately 80, parking spaces. Included in the work will be architectural, structural, mechanical, electrical, plumbing,. and pool design services. Civil engineering, landscape and irrigation design are not included In our scope of work. SCOPE OF SERVICES The Architect will prepare bidding, permit and construction documents for the constructionof the above described project. Included in the work will be architectural, structural. Mechanical. Electrical, mechanical, and pool design services. Civil engineering, landscape and irrigation design are not included in our scope of work: Included services are as follows: Phase Phase 11 Phase 111 Phase IV ` Phase V Schematic Design (completed) Design Development (050%) Construction Documents Bidding and Permitting Construction Administration (included in base Agreement) Services associated with Schematic Design have been completed, and Construction. Administration will be provided as part of the base Agreement at the previously established fee. Additional services not described above, and requested in writing from the Village, includingmodifications to the July 31; 2002 drawings will be billed at the hourly fees listed in attached exhibit "A" 134 Northeast 1st Avenue, Delray Beach, Florida 33444 Telephone: (561) 276-4951 Fax: (561) 243-8184 E-mail: rgcp@curriearc.com, AIA Florida Firm of the Year 2000 111 3UDGET Additional fees associated wit the above'described scope of work is as follows: Phase f Schematic Design $ 0.0O (see note 1) Phase 11 Design Development 0 50% $ 44,500.00 (See note 2) Phase 111 Construction Documents r $145,000.00 (See note -3) `, Phaae'lV Bidding and.Permitting $ ' 41;155400 Phase V Construction Administration$ 0.00 (see" note 4) Total added fee= $233,655.00,` Notes:1, No additionalfees are being requested ae We-ar ' calling the wort leading.,to site plan approval schematic Design. The valet of this task is $00,711.00, 2. As a benefit to -the Village, since we have yerf©r ed arpi for of this task in the preVioue pe+rMit s %`v e `have creditedthe Yiitagc thie''taslc ThetrralveotthOhredrtr`a$44500.00f. 3;" Ae work prbgressee on thin'taek,,theArchitecl -ma reuse portiorr'of"the previous'documerrts. lri the-tVentthat any portion of tfie"Cr nstructioh • Dociamenta can be rethsed" a'p4rtiaf credit - as "re onably"caicuia'ted by the Architect ='will be prov+ded tb the V page: - 4, :The urfused portion° of the base Agreernent will -be applied; to thistask, therefore no additional fees are being requested: Pb Reimbursable expenses are in addition to the above stated fees "per base Agreement." t of the value of he terms of th W COMPLETION DATE` Construction Documents will be -completed and ready -For permit review within six (6) weeks of receipt of a written notice to proceed from the Village of Key Biscayne. Any modifications to the base plan(s)' may result in additional time required for implementation of the changee into the construction'documents, and may affect the delivery schedule:, 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 Robert G. Currie Partnership, Inc. 134 N. E. First Avenue Delray P> By: 1 Jose. Princip FL 33'144 VILLAGE:.. Pillage of Key Biscayne 85 West McIntyre Street Key 13* ca ne, FL 3 By: c ucline . Menendez age Manager Pursuant , Villag .n ..• day of HOURLY RATES. For alt services that rectuire:hourly rates, the firm's hourly rates and multipliers are afollows: Hourly x Multiplier Principal-, =` $4-9.00 2.53 $123.974' Project Manager h $39:00 2.53 $ 98:67, ; Project Architect $`'2.OQ, 2.53 $ 80.96 GADD Technician $2700 2.53 $ 68.31 GlericaMla' $15,00 2:53'- $ 37.95 RESOLUTION NO. 2002-36 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING THE AGREEMENT FOR BILL OF SALE FOR SALE OF VILLAGE FIRE TRUCK AND RELATED PERSONAL PROPERTY BETWEEN THE VILLAGE OF KEY BISCAYNE AND THE CITY OF CLAY CENTER, KANSAS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Village Council finds that the approval of the attached Agreement for Bill of Sale for sale of a Village Fire Truck and related personal property between the Village of Key Biscayne and the City of Clay Center, Kansas (the "Agreement") is in the best interest of the Village. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. Agreement Approved. That the Agreement, in substantially the form attached hereto, is hereby approved and the Village Manager is authorized to execute such Agreement on behalf of the Village, as well as the Bill of Sale and Certificate of Title transfer to the Fire Truck upon receipt of payment. Section 2. Effective Date. That this Resolution shall be effective upon adoption. PASSED AND ADOPTED this 27th day of August , 2002. MAYOR JOE I. RASCO age CONCHITA IL ALVAREZ, CMC, VILLAGE CL APPROVED AS "I9fORMAND LEGAL SUFFICIENCY: RICHARD S, VILLAGE ATTORNEY AGREEMENT FOR BILL OF SALE For the purchase price of' Two -Hundred Thousand Dollars ($200,000) and other good and valuable consideration, the VILLAGE OF KEY BISCAYNE, a Florida municipal corporation (the "Seller"), does hereby agree to hereafter grant, bargain, sell, transfer, and deliver to CITY OF CLAY CENTER, a political subdivision of the State of Kansas (the "Buyer"), and Buyer agrees to purchase and accept all of SeIler's right, title and interest, in and to that certain personal property located in Miami -Dade County, Florida, and more particularly described as follows: A 1994 Saulsbury Quint with the Vehicle Identification Number 4S7AT9C06RC012157 Florida Certificate of Title No. 65321463, and all accessory property listed in the following table: (collectively the "Personal Property") Quantity Description 1 24' Extension Ladder 1 24' Straight ladder equipped with roof hooks 1 10' Attic ladder 1 15' section of soft Suction hose 1 Combination spray nozzle, 200 gpm min 2 Combination spray nozzle, 95 gpm 1 Playpipe w/shutoff and 1", 1-1/8", 1-1/4" tips 1 Flathead axe 1 Pickhead axe 1 6' Puce pole 1 8' Pike pole 2 Portable hand lights 1 Dry Chemical Extinguisher S0-D.G. 1- 2-1/2 gal Water Can 1 Gated swivel intake connection 2 Spanner wrenches; 2-1/2" and stortz 2 Hydrant wrenches 2 Double females 2 Double males 1 Rubber mallet 1 Salvage cover 2 Wheel chocks 4 Ladder belts 2 K12 Saws with Blades 1 Extrication equipment with hydraulic generator 1 Built in apparatus generator The Personal Property shall not include a portable generator. THE PERSONAL PROPERTY IS TO BE CONVEYED "AS IS," "WHERE IS," AND "WITH ALL FAULTS" AS OF THE DATE OF THE EXECUTION OF THE BILL OF SALE, WITHOUT ANY REPRESENTATION OR WARRANTY WHATSOEVER AS TO ITS CONDITION, M ANESS FOR ANY PARTICULAR PURPOSE, MERCHANTABILITY OR ANY OTHER WARRANTY, EXPRESS OR IMPLIED. BUYER IS ACQUIRING THE PERSONAL PROPERTY BASED SOLELY UPON BUYER'S OWN INDEPENDENT INVESTIGATIONS AND INSPECTIONS OF THAT PROPERTY AND NOT IN RELIANCE ON ANY INFORMATION PROVIDED BY SELLER OR SELLER'S AGENTS OR CONTRACTORS. General Terms I. The Buyer shall pay a deposit of Ten Thousand Dollars ($10,000) (the "Deposit") within ten (10) days of the date of the execution of this Agreement by Buyer as a deposit toward the full purchase price. Upon receipt of the. Deposit the Seller agrees to hold the Personal Property until the Buyer makes payment in full of the balance of the purchase price and takes possession of the Personal Property, no later than October 1, 2002. II. The Buyer must take possession and accept delivery of the Personal Property at the Village of Key Biscayne Fire Department. Prior to taking possession, the Buyer shall inspect the Personal Property. The Deposit is refundable only prior to Buyer taking possession and solely if the Personal Property is reasonably found at such inspection by Buyer to be damaged, not in good mechanical condition, or is not in substantially the same condition it was in at the time of Buyer's earlier inspection in February, 2002, normal wear and tear excepted. Prior to the inspection, Seller 'agrees to provide a current pump test and aerial ladder certification from the City of Miami Fire Department, that are current (within last 30 days) as of the date Buyer makes such inspection prior to Buyer taking possession of the Personal Property. III. If the Personal Property passes Buyer's inspection as determined under this Agreement, the deposit becomes non-refundable and the Buyer shall immediately tender to the Village the balance of One -Hundred Ninety Thousand Dollars ($190,000) in U.S. funds via cashier's or certified check or a completed wire transfer of the funds. The purchase price is non- refundable. W. Upon acceptance of possession of the Personal Property: (1) Buyer shall pay all applicable sales tax, title transfer fees and other charges required by law; (2) Seller shall execute and provide a Bill of Sale, in a form approved by the Village Attorney, and shall execute the Florida Certificate of Title transfer into Buyer's name. V. Time is of the essence in this transaction. 2 iIN (VPHE' ' 1 , S- 1 r has caused this Agreement for Bill of Sale to be executed this c/ nday of ��11, 2002. VILLAGE OF KEY BISCAYNE, a Flori... 1 .'cipal co By: age Manager Pursuant to Resolution No. o/�/<<*"o -46 Approved as to form . 'd correctness: avid ` .lpin, i llage Attorney STATE OF FLORID ) SS: COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this 4-7 day of al -1-2-c2002, by fa (Z�2. yf as Village Manager of the Village of Key Biscayne, a Florida m ciui a corporation, on behalf of sat oration, who (check one) [ ] is personally known to me or [ 3 has produced as identification. 3 (4)`s_.,, MAYRA F. GOMEZ MY COMMISSION # DO 00 EXPIRES: Feb 20, 2008 'NO7A5Y F a75enlcaB Bowing, lnc IN WITNESS WHEREOF, Buyer has caused this Agreement for Bill of Sale to be executed this / 2,-/-5-day of EA t , 2002. CITY OF CLAY CENTER, a Kansas municipality Attest: By: City Clerk By: nA k ald D. Peed ,Mayor (MUNICIPAL SEAL) The f regoing instrum was acknowledged before me this 129 -day of t , 2002, by ) oro cL f), s j , as Mayor of the City of Clay Center, a Karts unicipality on behalf of said municipality, who (check one) [4 personally known to me or [ ] has produced a as identification. My Commission Expires: //-off-c'/ Notary.Public %-/ilda 17). Sfia A'i'l Print Name 4 RESOLUTION NO. 2002-35 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, PROVIDING FUNDING ASSISTANCE FOR VILLAGE OF KEY BISCAYNE POLICE OFFICERS AND FIREFIGHTERS RETIREMENT PLAN FOR DISABILITY BENEFIT AS REPLACEMENT FOR PROVIDING FUNDING FOR DISABILITY INSURANCE; PROVIDING FOR EFFECTIVE DATE. WHEREAS, the Retirement Plan (the "Plan") for the Village's police officers and firefighters has provisions providing for comprehensive benefits in case of disability of police officers or firefighters; and WHEREAS, at a cost of approximately Thirty Nine Thousand Four Hundred Seventy Five Dollars ($39,475) annually, the Village of Key Biscayne (the "Village") previously provided a limited form' of disability insurance for police and firefighters; and WHEREAS, representatives of the members of the Plan have requested that the Village ovide assistance to the Plan for purposes of increasing the disability benefit of the Plan from the present 42% of average final pay to 70% of average final pay ("AFP") for Line of Duty ("LOD") Disability and from the present 25% AFP to 50% AFP for non LOD Disability (with a reduction in qualifying years of service) for police officers and firefighters, and has further requested additional funds of approximately Thirty One Thousand Eight Hundred Fifty Seven Dollars ($31,857) so as to fully cover the annual cost of the Plan's increased disability benefit at a total cost of approximately Seventy One Thousand Three Hundred Thirty Two Dollars ($71,332); and WHEREAS, the Village Council finds that, as an enhanced replacement for disability insurance, it desires to provide funding for the disability benefit of the Plan commencing October 1 I, 2002. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. Recitals Adopted. Each of the above recitals are hereby adopted, confirmed and incorporated herein. Section 2. Funding Provided. The Village Council hereby approves the allocation of approximately Thirty One Thousand Eight Hundred Fifty Seven Dollars ($31,857) for purposes of _funding the increased disability benefit provided by the Plan, commencing on October 1,.2002.' Section 3. Implementation. The Village Manager is authorized to take allnecessary action to implement this Resolution. Section 4. Effective Date. This Resolution shall be effective immediately from and after adoption hereof. PASSED AND ADOPTED this 27th -day of August , 2002. 1 MAYOR JOE I. RASCO CONCHITA H. ALVAREZ, CMC, VILLAGE CL APPROVED AS TO AND LEGAL SUFFICIENC YRI4 RICHARD JA WEIS VILLAGE ATTORNEY 103001\resolutions\funding ass is for disability insurance RESOLUTION NO. 2002-34 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; PETITIONING THE BOARD OF COUNTY COMMISSIONERS OF MIAMI- DADE COUNTY TO DELEGATE TO THE VILLAGE OF KEY BISCAYNE CERTAIN SPECIFIC RESPONSIBILITIES FOR THE CONTROL OF' TRAFFIC ON MUNICIPAL STREETS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village of Key Biscayne and Miami -Dade County have a mutual interest in serving the needs of our citizens and developing a safe and efficient roadway traffic control program; and WHEREAS, the delegation of certain traffic control responsibilities for the County to the Village is logical, appropriate and best serves the needs of the citizens. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS: Section 1. The Village Council hereby petitions the Board of County Commissioners of Miami -Dade County to delegate to the - Village of Key Biscayne the following specific responsibilities for traffic control on municipal streets: Non -Signalized Intersection Control at the Intersections of Municipal Roads. This would include non -signalized control devices, such as stop signs and yield signs, at local road intersections. It specifically does not include intersections with County, State or Federal roads. 2. Traffic Calming Devices on Municipal Roads. This would include traffic calming devices, such as traffic circles, on municipal roads. It specifically does not include any such devices on or at the intersections of County, State or Federal roads. Speed Limits on Municipal Roads. This would include the lowering, not raising, of speed limits. State law allows this, provided speed limit signs are properly posted. Section 2. This resolution shall be effective immediately upon adoption. PASSED AND ADOPTED this 27th day of August , 2002. CIITA H. ALVAREZ, CMC, VILLAGE CLERK APPROVED AS T! FIRM AND LEGAL SUFFICIENCY: RESOLUTION NO. 2002-33 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; SUPPORTING THE PROPOSED SALES TAX INCREASE, OF WHICH MUNICIPALITIES WILL RECEIVE A 20% SHARE EXCLUSIVELY DEDICATED TO THE TRANSPORTATION NEEDS OF' MIAMI-DADE COUNTY AND THE MUNICIPALITIES OF MIAMI-DADE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Mayor and Board of County Commissioners of Miami -Dade County have proposed a Sales Tax increase, which revenue is to be solely dedicated to transportation needs; and WHEREAS, the Village Council has been advised that the Dade League of Cities supports the proposed Sales Tax increase; and WHEREAS, a Citizens Independent Transportation Trust Fund has been proposed to give oversight to the expenditure and utilization of these funds; and WHEREAS, a 20% direct distribution of the gross sales tax revenues, based upon individual municipal population (adjusted annually), will be directly distributed to all municipalities solely to enhance ti.uisportation needs. 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 joins the Dade County League of Cities in supporting an increase in the sales tax that will be dedicated to the transportation needs of Miami -Dade County and the surrounding municipalities. Section 2. That 20% of the gross sales tax revenue will be utilized by the municipalities for transportation needs solely within municipal boundaries. Section 3. This resolution shall be effective immediately upon adoption. PASSED AND ADOPTED this 27th day of August , 2002. aft,/ CONCHITA H. ALVAREZ, CMC, VILLAGE CL APPROVED AS TO FORM AND LEGAL SUFHCIE RICHARD J Y WE . S, VILLAGE ATTORNEY RESOLUTION NO. 2002-32r A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; DIRECTING THE VILLAGE MANAGER TO IMMEDIATELY COMMENCE NEGOTIATIONS WITH JAMES A. CUMMINGS, INC. FOR A GUARANTEED MAXIMUM PRICE CONTRACT FOR THE CONSTRUCTION OF THE ' VILLAGE COMMUNITY RECREATIONAL CENTER AND DIRECTING THE VILLAGE MANAGER TO IMMEDIATELY COMMENCE NEGOTIATIONS WITH ROBERT A. CURRIE PARTNERSHIP, INC. FOR AN AGREEMENT FOR THE PREPARATION OF CONSTRUCTION/PERMIT PLANS FOR THE COMMUNITY RECREATIONAL CENTER; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on July 23, 2002, the Village Council approved a site plan of development for the Village Community Recreational Center to be constructed at 85 West McIntyre Street; and WHEREAS, the Village Council wishes to proceed with the design and construction of the Community Recreational Center. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS: Section 1. Recitals Adopted. T hat the recitals stated above are hereby adopted and confirmed. Section 2. Construction Agreement. The Village Manager is hereby directed to immediately commence negotiations with James A. Cummings, Inc. on a guaranteed maximum price contract for the construction of the Community Recreational Center and to present the proposed contract to the Village Council for its approval. Section 3. Construction/Permit Plans Agreement. The Village Manager is hereby directed to immediately commence negotiations with Robert A. Curie Partnership, Inc. for an agreement for the preparation of construction/permit plans for the Village Recreational Center and to submit that agreement to the Village Council for its approval. Section 4. Effective Date. This resolution shall be effective immediately upon adoption. PASSED AND ADOPTED this 23rd day of July 2002. YOR JOE I, RASCO T: VAREZ, CIVIC, VILLAGE CLERK APPROVED AS TO FORM AND;LE,GAL SUFFICIENT RICHARD JAY WEISS, VILLAGE ATTORNEY 0 RESOLUTION NO. 2002-31 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; APPROVING A SITE PLAN OF DEVELOPMENT FOR A VILLAGE COMMUNITY CENTER AT 85 WEST MCINTYRE STREET, KEY BISCAYNE, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village of Key Biscayne (the "Village") is the owner of an approximately 2.2 acre tract of land within the Village boundaries at 85 W. McIntyre Street; and WHEREAS, the Village acquired the property for the specific purpose of designing, developing and operating a recreation center; and WHEREAS, the Village Council has conducted multiple hearings and workshops for the purpose of obtaining public input into all aspects of the proposed community recreational center, and WHEREAS, the Village Council has considered the following materials and reports: 1. The Community Center Final Survey Findings (May 2002) as prepared by Leisure Vision 2. The Key Biscayne Recreation Center Program (June 16, 2002) as recommended by Ballard*King and Associates 3. Report of the Community Center Committee dated April 14, 2002; and WHEREAS, on July 2, 2002, the Village Council conducted a special workshop meeting of the purpose of evaluating multiple development options for a community recreational center; and WHEREAS, on July 23, 2002, the Village Council held a public hearing for purposes of considering and approving a specific site plan of development for the Village property in accordance with Sections 30-102 and 108 of the Village Zoning and Land Development Regulations, which public hearing was noticed by newspaper publication, posting of the property, and direct mailed notice to immediately surrounding property owners. 1 NOW, THEREFORE BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS: Section 1. Recitals Adopted. That the recitals stated above is hereby adopted and confirmed. Section 2, Plan Approved. That the Village Council hereby approves the plan entitled, "Key Biscayne Recreation. Center" dated July 23, 2002, as prepared Robert Currie Partnership Inc. containing 6 pages. A copy of that plan is attached as Exhibit "A" to this, resolution. Section 3. Effective Date. This resolution shallhe effective nnnjediately upon adoption. PASSED AND ADOPTED this 23rd day of July 2002, CONCIIITA H. ALVAREZ, CMC, VILLAGE CL APPROVED AS TO FORM AND LEGAL SUFFIC RICHARD JAY WEISS, VILLAGE ATTORNEY 2 K Y S I SC A INT R E c R I=. A '17 I O N 4 E N T R GYM BELOW a OP+ = EL• II I TORA CRAFT RM. Wx40' 109 S.F. COMPUTER Ilm Nf U r TERRACE STOR. W. M. STOR SENIOR RESOURCE 3flW Nt SF. N FFICE OFFICE RECEP" TERRA 0 TICE ROBERT CURRIE PARTNERSHIP, INC. Architects, Planners & Interior Designers r L SECOND FLOOR PLAN SCALE: 1." 30 DATE: 23 JULY 2002 K f- Y B I SC A Y N H R. H C R E ATI O N L- E N T E R STORAGE tit RAMP TO GARAGE I]° C r 1 4-1 1 1 I \t i 1�\ - GYM yL\ /�^\ I\ 1 *mai. I\ -1 I\ 11 ' '4_ 4/ �.L/ T1 I I I 1 I I L 1 J DANC STOR- Mar PLAY awa+. SIIai. mam 1.047 la ROBERT CURRIE PARTNERSHIP, INC. Architects, Planners & Interior Designers STOR. .av MEN EN EOUW. DUM VENDING a 0 FITNESS n3A]H]Af. 1 V 1 I Eft SNACK BAR n++r t nn I PM FIRST FLOOR PLAN B I SC A Y N H R E C Ft E A T Y 0 N ROBERT CURRIE PARTNERSHIP, INC. Architects, Planners & Interior Designers N T F R EAST ELEVATION SCALE: 1f N' -1'Y SOUTH ELEVATION SCALE: VM .ft EAST & SOUTH ELEVATIONS SCAT. P 1"=30 DATE: 23 JULY 2002 K L., Y 13 I SC A Y N }- I H C I A V O N R Lirco .- TISANE WALLS W MT PMH1RD HMO Hlih IIDE041 PAWH aylexIRIIJ ED PEW . fRV'Tnn MAC QC t:70154At!) _-r RH u M Ia rT n! . rT' rwaOM Ls't fl M1R ROBERT CURRIE PARTNERSHIP, INC. Architects, Planners & Interior Designers .*Moar.ul runs, R[ONR Wax) swan 114114•20 EWE, M!-4#!9 RAW O.F1 rAMILD lw.1 WEST, ELEVATION 1He. 14 lY1RH1 • PEAK w -r WE 1CVEIt. RRNOO 321.-Ir ter NORTH ELEVATION SCALE: wr. VC WO LA iPlkn�11*� M' -I 4 4 WEST & NORTH ELEVATIONS r\ K E Y 13 I .S C A Y N 1-- R FF ; C R E A T I O N Sinn I 111 11 1 II' 1 11 min t ninn 4- nein Sin lonno nanal Snail San San nap nain 4- 6 G 6 t 11 C3 El] ROBERT CURRIE PARTNERSHIP, INC. Architects, Planners & Interior Designers 1 11111 E3-3--rJJ 1==T 11 ==L, A L L J JJ GARAGE LEVEL PLAN CA! F- 1..=30 (80 SPACES) DATE: 23 JULY $502 HI SC A, YN E Ft IE t 3y_ /j. V\ /A 4 SITE DATA SITE: SITE ARE4 IW/0 SURPLUS LAND *2 645405?, SITE .SRE/A (W- SURPLUS LAND) 32 FLOc.Yc/ AREA RATIO (w10 SURPLUS L 24ND-, .1S 1' - ELOOR/AREA. RAT10 (U1/ SURPLUS L4-NDI 00. 0 LCT COvERAGE /WC SURPLUS LAND; 033= riK. LOT +COvERLGE /W/ SURPLUS LAND, 0:0 BI.U,LDING- 4RE4S: 1sT FL,LR :1204 S. PCOL EQUIPMENT 500 5F. FCCL B T-l11 9E36 S.F- 2ND FLOOR 9E00 SE. TOTAL .tRE4 3E5:00 5F. BU€LDING NEIGH -IT LL ELEvA••ONS E SW TCWERiTCWER*I% s BEARING 33'-C 5W TOWER s PE -`.K .36 0 NE TOWER (TOWER *2, e SEARING -4C' -C' NE TCWER s PEA<C GiMINASIUM s BEARING GYMNLSIUM 5' PEAK 2ND FLOOR EEARNG .5 -C' 60 SPACES UNDERGROUND *SU*2PLU5 LAND 15 BEIMNG 630 CRANGCN ECU;E'/ARC TO riLLA&E GREEN Ivor] 11 G 4 / 7:61- 7,72 pjl ROBERT CURRIE PARTNERSHIP, INC. Architects, Planners & Interior Designers -- 4 - -- FERNWOOD ROA- D muslin ...wk N sovews 4gPERN G►TGO GAS SS 0 1014 C' H. N T E R 16' _ _. _ VILLAGE GREE_N_WAY _ EXHIBIT "A," SITE PLAN SfAI r: 1 "=50 DATE: 23 JULY 2002 N RESOLUTION NO. 2002-30 A RESOLUTION OF THE VILLAGE COUNCIL OF THE 'VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO ENTER INTO A JOINT PARTICIPATION AGREEMENT WITH THE MIAMI-DADE COUNTY PUBLIC S CHOOLS (SCHOOL D ISTRICT) F OR THE INSTALLATION OF AN EIGHT (8) INCH SANITARY SEWER FORCE MAIN IN CONJUNCTION WITH THE PROPOSED ADDITION AT THE KEY BISCAYNE COMMUNITY SCHOOL; APPROVING CHANGE ORDER TO THE SCOPE OF WORK WITH JAMES A. CUMMINGS, INC. TO CONSTRUCT THE FORCE MAIN; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Miami -Dade County Public Schools (School District) is constructing an addition to the Key Biscayne Community School; and WHEREAS, the Miami -Dade Water and Sewer Department is requiring the construction of an eight (8) inch sanitary sewer force main on McIntyre Street from the existing school to Crandon Boulevard; and WHEREAS, the Miami -Dade County Public Schools (School District) has approved a Joint Participation Agreement with the Village wherein the school district will reimburse the Village for all expenses associated with the construction of the force main. NOW, THEREFORE BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS: Section 1. That the attached Joint Participation Agreement is approved. Section 2. That the attached June 20, 2002 Request for a Change Order to the Agreement with James A. Cummings, Inc. is approved. Section 3. The attached plans prepared by Spillis, Candela, and Partners, Inc. are approved. Section 4. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 23rd day of _ July 2002. ST: sip CHITA H. ALVAREZ, CMC, VILLAGE CLE APPROVED AS TOOFFORMM AND LEGAL SUFFICIE& • RICHARD JAY WEISS, VILLAGE ATTORNEY 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 #6 (State School "FF" Sanitary Sewer Force Main) THIS AMENDMENT made this 11th Day of December in the year Two Thousand and Two By and between the Village of Key Biscayne, Florida, a Florida municipality, (the "Owner") and James A. Cummings, Inc. a Florida Corporation 3575 Northwest 53rd Street Ft. Lauderdale, FL 33309 Phone: (954)733-4211, Fax (954)485-9688, Federal Tax ID. Number: 59-2098732, (the "Construction Manager") WHEREAS, the Owner (as a direct signatory and through its former agent, the Department of Management Services of the State of Florida (the "DMS")) has previously entered into the Agreement between the Owner and Construction Manager; and WHEREAS, the Agreement has previously been revised by Amendment nos. 1, 2, 3, 4 and 5; and WHEREAS, it is now necessary to revise the Agreement to: commence construction of the State School "FF" Sanitary Sewer Force Main (hereafter referred to as "Force Main"); and to delete references to DMS as agent for the Owner as to the Force Main 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 revise the GMP for the Project by including the Force Main; 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 revised Guaranteed Maximum Price (GMP), including the GMP for construction of the Force Main, and for construction of Project VKB-98069000, Village Community Center, Village Fire Station, Village Police Station and Administrative Office of the Village, Site and Site Infrastructure Work EIe . ' Y 1 alpica Duct Bank and Water. Main, Site and Site Infrastructure Work Phases 1, 2, 3 and 5, and changes to the First Floor of the Police Station, as defined in Article 7.1 of said Agreement shall be: $23,227,082 (which includes the 156.089 GMP for the Force Main) (2) Drawings and Other. Supporting Documents — in addition to the drawings, specifications and other supporting documents identified in previous amendments (No, 1, 2, 3, 4 and 5) to the Agreement, the Guaranteed Maximum Price (GMP) for construction of the Project, is based upon the following drawings and other supporting documents: Request for Change Order Letter to the Village of Key Biscayne from James A. Cummings, Inc_, dated June 20, 2002, which is attached hereto as Exhibit "A. b. Drawing sheets C1.1.01 and 01.1.02 entitled "Sanitary Sewer Force Main Plan and Profile" dated 04-10-02 Revision 2jtas prepared by Spillis CandelaDMJM. 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 Force Main. 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: a Deletion of the services of the I)MS for the Force Main component of the Project; (5) b. Establishment of the GMP for the Force Main in the amount of ,$156,089; and establishment of the. revised GMP for the Project (including the Force Main) of $23,227,082.00. Effect On Agreement except asprovided' 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 Attest: IiN WITNESS WHEREOF, the parties have executed this Amendment the day and year first written above. JAMES A. CUMMINGS, INC. By: Pa,Inn,..,ta— ka-Lt s Corporate Secretary Witnessed: By: Lisa /9-46/l s ccN.) d (print name) By: (print name By. c f 77 Village Clerk Approved as to form and legal sufficiency: William R. Derrer, Corporate President James A. Cummings, Inc. age ger' 103001'agreements amendmentto agreement between owner and construction manager (Corporate Seal) [(♦� MAYHA F. GOMEZ tl) MY COMMISSION #.DI) 002759 EXPIRES: Pet) 20, 20n7 -A�6.4NOTAAY F1f y Service 85ond'n3, inc. l —M I Pt l Fr tnmnnn9s General Contactors June 20, 2002 VILLAGE OF KEY BISCAYNE Department of Building, Zoning and Planning 85 West McIntyre Street Key Biscayne, FL 33149 James A. Cummings, h 3575 Northwest 53rd Stre Fort Lauderdale, FL 33303! Phone: 954-7334211 Fax: 954-185-9 fit±` Website: wvaw jamesacumrnings.con TRANSMITTED VIA FAX USPS ATTN: Mr. Ind Kurlancheek, Director RE: KEY BISCAYNE FIRE STATION, POLICE STATION & ADMIN. BUILDINGS REQUEST FOR CHANGE ORDER STATE SCHOOL "FP SANITARY SEWER FORCE MAIN Dear Mr. ICur1ancheek: This is issued following our May 28, 2002 letter to your office regarding additional work for the State School "FF" sanitary sewer force main.Per your request, we have modified the proposal for this work in, accordance with our rune 13, 2002 meeting with Miami Dade County Public Schools. We hereby offer three (3) separate proposals for this work, as outlined below: (1) Force Main Femwood East $48,63 5 Includes force main from Fernwood Road 8" cap east to existing 12" force maim at CrandorrSouievard. Proposal includes dewatering. (2) Force Main Fernwood West Includes force main from Femwood Road 8" cap west to lift station (by "FP.,Proposal includes dewatering (3) Repave Intersection At Crandon Boulevard and McIntyre Road Includes repaving of intersection, including signalization loop repair. To accomplish all three portions of this work, an additive change order in the amount of $156,089 is required. Please see attached summary form and quotations for a recapitulation of this amount. Be advised that this proposal is limited to the force main work depicted on drawings C1.I.01 and C1.1.02 [Revision 1, dated 09-25-02j, The proposed amount for "Fernwood East" is contingent upon being provided the ability to install the force main concurrent with other site infrastructure work at McIntyre Road. Per request from MCDPS, the proposal for work west of Fernwood- Road includes consideration for performing this work during summer 2002. Note that the subcontractor quotations include provisions for dewatering, costs for which were n previous proposals. $72,129 others) at School $35,325 D ,1L/1U/UL 2U:dU rah. Mr. Jud"Kurlaucheek STATE SCHOOL "FF" FORCE MAIN J une 20, 2002 James A. Cummings, Inc. reserves its right to request compensation for costs and a time extension which may result from this change. These costs may include,, but are not limited to, compensation for a tune 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. Please telephone me at (954) 733-4211 if there are any questions or comments regarding this pending change. Sincerely, J4 4ES A, CT1M IINGS, INC offe?(L: M apLis, III Vice President of Operations Cc Octavio Suarez, MIA/vII-DADE COUNTY PT3BLIC SCHOOLS via fax (305-995-4599) Ralph Martinez, DMS via fax (813-233-3326) Roberto Loge, SPILLIS CANDELA DMIM via fax (305-444-3580) Rick Derrer Mike Lanciautt Alan Rosenblum Frank Sedmak Rand Each us FILE &J14 1G/1U/UG to:av PAA James A, Cummings, inc. PROPOSAL SUMMARY FORM Village of Key Biscayne `STATE'SCHOOL'FF` SANITARY SEWER FORCE MAIN FERNW0OD EAST Revised 06/20/02 'SEC7nON;;:. DESCRIPTION OF WORIC., LABOR, MATERIAL SUBCONTRACT Force Main Femwood East DumpsterPutsS Waste Removal (1at $300 each) Lavout/Support Sanitary Sewer Farce Main: Meoatran Pressure Testing/ Megatran Restoration ofAsphatt at Trenched Area: ALLOWANCE Comp4eteRestoration ofCrandon/Mclntyre:NOT INCLUDED i Nia 01 01 02 02 02 300, 1,000 150.. 0 0i- 0 0 46,2671 tI 500:. 0 ' t'arr000' NIC NIC'' SUBTOTAL LABORHURDEN SALES TAX SUBTOTAL 1,000 450.1 45.767 685 1,685 479 45,767 TOTAL OVERHEAD (4.5%.ofportion greater than 542,990 oer Amendment 3. 8.1.2 (11 (c1.1 SUBTOTAL PROFIT (included in Overhead) SUBTOTAL BOND TOTAL 47,931 222 6/28/2032 3:37 1 t7l) t� 310M: !Ax TO _-954-48E-4688 Fh0E: 302 Ot CO2 IVIEGATRAN UNIT PRICE SCHEDULE James A. Cummings Key Biscanyne Community School West of Feemwood No. ( Oesaipdon 1 l Unit Price 1 Amount 1 t ! A 1Seimar ; I t 1. i8" DIP Epoxy coated 404• LF i $33.26 513,440.00 2. j8" Plug f ' 2! LF t 5275.34 5550.00 34.4...4 !45 Degree Bends 121 EA -1- 532277 $3,870.00 8" Plug Vale:. 1 11 EA ; :6$1,358;07 - 51,350.00 5. ',18'x8" T t 11 EA 1 $520.32 5520.00 6. .!Accessories i 11 LS i $552.40 5550.00 Trench Asphalt Patching.; Final restoration is not inducted. Full - 7. '1 !lhtetsectfon rest»ratial or Crandom Blvd Is not included.. $4,963.14 $4,960.00 8. Fil Hauling 27: Ct 1 $11.70 $320.00 9. !MOT (does not rioluded ponce officer) 11 LB ! $982.80 5980.00 10. itlewatering ? 11. !Survey (Layout) & As -built, ! 1 11 LS LS ! $9.873.00 $3,369.60. 59,870.00 $3;370.00 12: !Sidewalk or Landscaping restoration Is not Included ! TOTAL:j_ ' 539,790.00 1 '. 'Cortfract Sumrrr II JDRAINAGE WATER & SEWER t ! A :Sewer System ! ! ! 539,790.60 B (Crandon Blvd - Mcyntire hers/Action TOTAL:; t f 535,790.00 j Performance Bondy -- 1 j 5477.48 { Grand Total ,` $40,267.48 Page A-1 `9r 1 6/18/2002 3:35 PM t-/\U1t ui ;as" James A. Cummings, Inc. PROPOSAL SUMMARY fQRM Village of Key Biscayne STATE SCHOOL "FF" SANITARY, SEWER FORCE MAIN FERNWOOD WEST Revised 05/20/02 1. t SECTION,, .,: DESCRIPTI LABOR MATERIAL'.', t,511BCONTRACI 01 1 'Force. Main Fanwood West Dempster Pulls/ Waste Removal (1 a $300 each) Layout/Support rotary Sewer Force Maim epalran b: { ' 02 + .1PrtssureTesting: gees/Tan' 02 ::', iRest6ratienofAspMMMUattAinched eea:ALLOWMICE 0 2,500 0 3001 01 o!' srssar" Vd{e. 1 wt SUBTOTAL LABOR BURDEN SALES TAX SUBTOTAL 2.500 6001 63.488 1,712 4.212 639: 63,486 TOTAL 68,339 OVERHEAD: 4.5% (accumalative increases exceed 542.990 -per Amendment 3. 8.1.2 (1) (c)) 3.075 SUBTOTAL ( 71.415 PROFIT (included in Overhead) SUBTOTAL BOND TOTAL 1Z/1V/UL 10:00 AA 6/16/2032 3:_1 Z'X _�R"Oif txc 70::454 -49E —n688 .MEGATRAN EXHIBIT A" UNIT PRICE SCHEDULE PAGE: 302 07 CO2 James A Curnntings Key Biseanyne' Community School No: Description 1 ' Qty 1 Unit Price ) Amount A. Sewersystertt ____, 1. 8" DIP Epoxy coated 550 LF $33:26. 518, 290.00 2. ;8" Plug i 2; LF $275.34 $550.00 3. 45 Degree Bends I 8? 24 5322.77 $2,580.00 4. '18" Plug Valve 1 11 EA 51;358.07 , $1,360.00 5. ,856" T 1 1! EA $520.32 552000 8. liner Tapping Sleeve, %1S & Valve Box 1 1; EA $5:082.14 $5,080;00 8. "Accessories ' 'Trench Asphalt Patching. Fm restoration is not indtded FUR ' 9. ' 'intersection restoration of Grandam BMI is not included. 1' 1! LS LS $552.40 5550.00 $11,719.89 $11,720;00 10; iFill Hauling + 37' CY $11.70 $430;00 11. [MOT (does not included ponce officer) 12. Inewatering ! 11 11 LS LS 5982.80 5980.00 511,496.60 511,500.00 13: ;Survey (Layout) & As -built i 11 LS 53744.00 53,740:00 1 SideHalk or Landscaping restoration is not inched 1 TOTAL:i — + 557 300.00 a',,'r.ndona -��: ._ ion 1.1 ..,pi_," i ng +1 ' Ove <. type S -If .. 2aS1g -�.. Loop 4• . .l ..L $ 1 . temp ( !Contract Summary 1) ; 1DRAINAGg. WATER & SEINER ( 1 A. S ! 557,300.00 B. !Crandon Blvd - Mcvniire Inersetction ? ? ? ` r TDTAL:i ` 1 557.300.00'' Performance Bond:; 5687.&0 1 Grand Total:; i-T-- $67,987.60 Page A-1 of 1 6/182002 3:07 PM , 16/1V/VG lV.YV James A. Cummings, Inc. PROPOSAL SUMMARY FORM tilage of Key Biscayne STATE SCHOOL "FP SANITARY SEWER EORCE MAIN COMPLtItPAVING OFDRA IDONBOULEVARD/MC1NWYRE SECTION' DESCRIPTION OF WORK LABOR MATERIAL SUBCONTRACT:., Pavetrandon BnulevardJMcintyre intersec6en Naivete -Puns/ Waste Removal (4 64300 each). 3 2.000 0 avirig :Megatran• Y• Ti I, lit yn ti, wcn-: SUBTOTAL tASOR BURDEN SALES TAX SUBTOTAL TOTAL OVERHEAD:4.S% (accumalatve increases exceed SUBTOTAL PROFIT (included in Overhead) SUBTOTAL BOND TOTAL 2.000 1,370 3001 29.780 3;370 ` ` 320 29.780. 33.469 42,990 -per Amendment 3. 8.1.2 (1) (c)) • 1.506 34,975;. 0 34.975 350 35.325 izrtu/oz - lci:sw PAS tT uO 6/18r2D]2 3:C1 Y!f ROt H. tux ?O:: _ X59-48.`.-3698 fFiG£: 302 OF CO2 MEGATRAN EXHIBIT "A' UNIT PRICE SCHEDULE - James A. Cummings Key Biscany'te Community School Not Description 1 Qty { Unit { Price Amount 1 ! r ; 550; LF 533.26 $18,290 " 1. ri yJ coa i 2. 8" P) . LF 5275.34 5550 •_..rte& •_ EA 53227 S2,5:',.00 ' gValve . ? ii EA S1358.'7 Si,3n.00 T ! 11 EA $52 32 ' 0.00 2511"Tayyi •'i-5-Valve= eheBox i' EA $5:0:+14 S5'80.00 8, 1 11 ? 1 1 , L' 5 •2-40 $11 19.89 550.00 1,720,00 rAccessori- french - •halt ' . i ' .. F al restored • is not in Full lint- -"on re, 'on DEC .i darn Blvd'- not includ • 10. 'F111 fin•' 37i 511.70 5430. 11. IMO (does • • included , . • officer) 1 1Z.=; 11 LS LS $982: BD 11:496:60 $9 0 5115 .0a 13. ! nsy .. &`'- • iR i 1i L8 53,744:00 $3,7 .00 14 i-itiemraik'or -nd-•-•rtgrestorer inot Inc i,•- i i B. ?Crandon Blvd - Movntire %neisetctiaa 1. }Complete mans & +t1" Overlay mortype 5-111 2.'iS lzation Loop repair 3,1Siripping as existing with temporary and ihemtopiaslic paint 4 'MOT (night time, off duty police officer not included) i TOTAL:; 1 529,780.00 , It I • AP A .; 3 TOT •; i 557,300. 0 Perfo ante Bo dri i S9B7 Grand T • r L• t S57. SD Page. -1 of sr ; 3/2002 3:37 PM ITEM:DESCRIPTIOiQ . . . » CONSTRUCTION BUDGET EXHIBIT B OWNER'S CONSTRUCTION BUDGET CONSTRUCTION MANAGER'S PRECONSTR UCTION PHASE FEE $1 13,190.00 SUBTOTAL O WNER''S,TGTAI,PRECONSTRUCTION PHASE FEE FIRE RESCUE DEPARTMENT & ADMINISTRATION AND POLICE FACILITY-- CONSTRUCTION MANAGER'S CONSTRUCTION PHASE FEE.. CONSTRPCTIONMAF'A YER'S>O'VERHEAD-& PRON T .? ,;..._:..::. CONS*HCTIO BUDGETBAT ONCE _...... .;.. ........_ ... ..... SU3i1UAA'f. CO1STRUCTION COSTS ANTICIPATED O1 ER:SALESFAX SAVINGS_ .............: $113,190.00; .. $523,89200 $45.7,223,00 ., $9,825,665.00 $30;806;780,00 266.00) S10 64.2,$'%4.00 OWNEItSC17NTIlxGENCY Ol7Tia.Et1',5:, ',BUDGET`-FIR.E,I€ESCUE & ADMINISTRATION/POLICE__ ..._...._ ....... :. ..... Sly, OWNER'SCONSFRUCTION BUDGET --FIRE RESCUE & ADMINISTRATION/POLICE WITH P4RECONSTRIJCTION FEE .... SM.�; VILLAGE CIVIC CENT ER SITE & SITE INFRASTRUCTURE.WORK ELECTRIC CONSTRUCTION MANAGER'S CONS (RUCTION PHASE FEE CONSTT2I:ICftaSAc ER'S OVERHEAD &PROFIT OWNER'S CONSTRUCTIONBUDGET - VILLAGE CIVIC CENTER SITE & SITE L\FRASTRUCTU[LE WORK EI:E TRICALDUCT BANK AND WATER MAIN. - .... :-:..._-...:.:... VILLAGE CIVIC CENTERSITE B:.SITEINFR4STRUCTURE WORK PHASES I.2.3 & 5 [INCLUDING STATE SCHOOL "FF' SANITARY SEWER FORCE MAIN)... CONSTRUCTION MANAGER'S CONSTRUCTIONPI3 ASE FEE UCT BANK AND CONSTRUCTION MANAGER'S OVERHEAD-&SROFIT_.., .;:.. ... ...:...:.. CONSTRUCTION BUDGET BALANCE OWNER'S CONSTRUCTION BUDGET- VILLAGE CIVIC CE\ LER SITE & S1I b. .. LNFRASTRUCTURE WORK 9"422&® 452IM3 5423630:00: $67 483.00 .. S1439,0/1.09. VILLAGE COMMUNITY CENTER (RECREATION CENTER CONSTRUCTION MANAGER'S CONSTRUCTION PHASE FEE 5564.455.00 CONSTRUCTION MANAGER'S OVERHEAD & PROFIT 5422.814.00. CONSTRUCTION BUDGET BALANCE 58,831,401.00 OWNER'S CONSTRUCTION BUDGET - VILLAGE COMMUNITY CENTER (RECREATION CENTER) 59.818.670.00 OWNER'S TOTAL CONSmtICTION BUDGET (ALL PHASES) $23227;082.00 JOINT PARTICIPATION AGREEMENT BETWEEN THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA AND THE VILLAGE OF KEY BISCAYNE FOR THE INSTALLATION OF AN EIGHT (8) INCH SANITARY SEWER FORCE MAIN IN CONNECTION WITH THE PROPOSED ADDITION AT KEY BISCAYNE ELEMENTARY SCHOOL THIS AGREEMENT, is made and entered into this ) day of Ott, 2002 by the VILLAGE OF KEY BISCAYNE, a political .subdivision of the State of Florida, whose address is 85 W, McIntyre Street, Key Biscayne, Florida 33149, hereinafter referred to as "VILLAGE", and THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA, a body corporate and politic, incorporated and existing under the laws of the State of Florida, whose address is 1450 N.E. 2 Avenue, Room 525, Miami, Florida 33132, hereinafter referred to as the "SCHOOL BOARD". WITNESSETH WHEREAS, the SCHOOL BOARD owns the property known as Key Biscayne Elementary School located at 150 West McIntyre Street; and, WHEREAS, the SCHOOL BOARD desires Water and Sewer services to be rendered to said property owned by the SCHOOL BOARD, including any additions thereto; and WHEREAS, the SCHOOL BOARD, Pursuant to §235.193 Florida Statute, is required to provide to the VILLAGE site plans for proposed educational facilities for review by the VILLAGE; and, WHEREAS, the determination by Miami -Dade County Water and Sewer Department hereinafter referred to as "WASD" pursuant to the plan review process Page 1 of 9 requires the installation of an eight (8) inch sanitary sewer force main to serve Key Biscayne Elementary School; and WHEREAS, both the SCHOOL BOARD and the VILLAGE concur .that the VILLAGE has the means, through the VILLAGE'S. contractors, to provide assistance to the SCHOOL BOARD for the permitting (by the Village), installation and conveyance to WASD of the eight (8) inch sanitary sewer force main on McIntyre Street from the Key Biscayne Elementary School Property line to .Crandon Boulevard with a temporary cap at the school property line and a wet tap to the existing twelve (12) inch sanitary sewer force main on Crandon Boulevard (the "Project") (see attached Exhibit "A"); and, WHEREAS, both the SCHOOL BOARD and the VILLAGE desire to have the construction of this Project installed through the utilization of the VILLAGE'S Civic Center contractors; and, WHEREAS, the VILLAGE has authorized the execution of this Agreement by the adoption of Resolution oOO a- 0 , at its meeting of July 23, 2002; and, WHEREAS, the SCHOOL BOARD has authorized the execution of this Agreement in accordance with Board Item No. E-4 at its meeting of July 10, 2002. NOW THEREFORE, in consideration of the promises and the covenants contained herein, the VILLAGE and the SCHOOL BOARD agree: 1. That an eight inch sanitary sewer force main is required to be provided by the SCHOOL BOARD pursuant to the plan review process of WASD to serve Key Biscayne Elementary School. 2 That the VILLAGE is in the process of constructing roadway improvements and underground utilities for the Key Biscayne Civic Center Page 2of9 located at Mclntyre Street between Fernwood Road and Crandon Boulevard and has determined that it would be economically beneficial to the SCHOOL BOARD for the VILLAGE to have VILLAGE's contractors install the eight (8) inch sanitary sewer force main required to service the SCHOOL BOARD's Key Biscayne Elementary School. The VILLAGE has agreed to submit to the SCHOOL BOARD a written proposal for such project through one of its available VILLAGE Civic Center contractors. 3. The SCHOOL BOARD will determine whether the contractor's proposal submitted by the VILLAGE is acceptable. Upon acceptance, the SCHOOL BOARD will authorize the VILLAGE to direct the VILLAGE's contractor to proceed with the work. The Superintendent of Schools or his designee shall provide the index budget code guaranteeing the funding source and authorization in writing to the VILLAGE to proceed with the work. The VILLAGE shall not authorize its contractor to undertake any work prior to receiving said authorization. Once the SCHOOL BOARD accepts the proposal, or authorizes the work to proceed, SCHOOL BOARD shall be solely responsible for all costs of the Project and shall be liable to VILLAGE for all of VILLAGE's costs for the Project. All costs incurred as a result of this Agreement shall not exceed the amount set forth under paragraph 13 herein. 4. Upon receipt of written authorization from the SCHOOL BOARD, the VILLAGE shall authorize its contractor to undertake the work and to complete the Project. Page 3 of 9 5. Prior to commencement of the work, the VILLAGE will furnish the SCHOOL BOARD with a construction schedule from VILLAGE's contractor. 6. Upon completion of the Project or as specified in Exhibit A to this agreement herein incorporated by reference, the VILLAGE will bill the SCHOOL BOARD for aft direct costs incurred, by the VILLAGE with the overall work for the Project and the SCHOOL BOARD shall promptly reimburse the VILLAGE for all such costs. Such bill shall not exceed the amount for work identified in the proposal that was accepted by the SCHOOL BOARD's Department of Capital Improvement Projects in accordance with paragraph 3 above, absent written authorization from the SCHOOL BOARD. Further, VILLAGE may invoice SCHOOL BOARD for progress payments, based on the percentage of completion, if VILLAGE is required to pay its contractor prior to completion. The SCHOOL BOARD shall reimburse VILLAGE within sixty (60) days of receipt of VILLAGE's bill. 7. Upon completion of construction of the referenced work and the issuance of a Final Certificate of Completion by the VILLAGE, the SCHOOL BOARD shall reimburse the VILLAGE for the remaining balance of the actual payment made by the VILLAGE to the VILLAGE's contractor, as a result of the Project. 8. The VILLAGE agrees to keep complete records and accounts, in order to record all costs, expenditures, and other items incidental to the provision Page 4 of 9 a of services. Such records shall be made available to the SCHOOL BOARD upon request for audit purposes, or for any other purpose deemed appropriate by the SCHOOL BOARD. Subsequent to the SCHOOL BOARD providing authorization to proceed, any request for additional work that will increase the cost of the proposal shall be approved in writing by the SCHOOL BOARD prior to execution by the VILLAGE's contractor. Upon completion of all original and additional work, final costs will be documented and certified by the VILLAGE, and upon approval, the SCHOOL BOARD's financial participation and disbursement of funds will be adjusted accordingly. 10. The VILLAGE shall cause all contractors performing the construction pursuant to this Agreement to coordinate the work with the designated SCHOOL BOARD representative in such a manner as to minimize interference with ingress and egress or any other construction activity at Key Biscayne Elementary School and shall cause any contractor performing any work pursuant to this Agreement to be responsible for all safety precautions and programs required in connection with the work. 11. The VILLAGE and its contractors shall not discriminate on the basis of race, age, color, national origin, sex, or sexual orientation in the award and performance of contracts and the selection of applicants for employment in connection with the carrying out any contracts hereunder. 12. The term of the Agreement shall be in effect upon execution of this Agreement by both parties and will terminate upon acceptance of the work Page 5 of 9 ii by the District and WASD, which term shall not exceed one (1) year from the effective date of this Agreement, unless otherwise stipulated by the parties in writing. 13. The total amount of work that is authorized shall not exceed the amount of $171,697.90 for the term of this Agreement. 14. The VILLAGE, doeshereby agree, to the extent and within the limitations of Section 768.28, Florida Statues, to hold harmless, indemnify and defend the SCHOOL BOARD against any and all claims, liabilities, losses and causes of action which may arise as a. result of the sole negligent performance or failure of performance of the VILLAGE or it's contractors, agents or employees. However, nothing herein shall be deemed to indemnify the SCHOOL BOARD as to any liability or claim arising out of the negligent performance or failure of performance of the SCHOOL BOARD or any unrelated third party. The DISTRICT does hereby agree to the extent and within the limitation of Section 768,28, Florida Statutes, to hold harmless, indemnify and defend the VILLAGE against any and all claims, liabilities, losses and causes of action which may arise as the result of the sole negligent performance or failure of performance or failure of performance of the DISTRICT or its engineer. However, nothing herein shall be deemed to indemnify the VILLAGE as to any liability or claim arising out of the negligent performance or failure of performance of the VILLAGE or any unrelated third party. Page 6 of 9 15. This Agreement is made and entered in the State of Florida and shall in all respects be interpreted, enforced and governed in and under the laws of Florida. The language and all parts of this Agreement shall in all cases be. construed as a whole according to its fair meaning and not strictly for or against any parties. if any provision of this Agreement is determined by a Court of competent jurisdiction to be invalid or unenforceable, the remaining provisions will continue in full force and effect notwithstanding. 16. In the event of any dispute between the parties as to this Agreement, each party shall bear its own costs and expenditures including but not limited to attorney's fees, incurred in any action to enforce this Agreement. 17. This is the entire agreement between the parties. No other promises or agreements have been made other than those in the agreement. The failure of either party to insist in any one or more instances upon the strict performance of any one or more of the provisions of this agreement, shall not be construed as a waiver or relinquishment for the failure of any such term or provision, and the same shall continue in full force and effect. No waiver or relinquishment shall be deemed to have been made by either party unless in writing and signed by the parties. Page 7 of 9 Signed, witnessed, executed and acknowledged this Witnesses: Sign Print 14 CALL 'F . > 7 STATE OF FLORIDA) COUNTY OF DADE ) day of THE S(;,HOOL BOARD OF MI y: 2002. COUNTY, FLORIDA Merrett R. Stierheim, Superintendent of Schools The foregoing instrument was acknowledged before AuuM- , 2002, by Merrett H Stierheim , who is personally known to me or who have produced identification and who did take an oath. NOTARY PUBLIC Sign +Dci. } - Way Print Lisa H. Itcrris State of Florida at Large (Seal) My commission expires LISA H. HARRIS Way N0lic, State qt Ftcrida Expos July 05, 2095 No. DO 019909 Cocyo0 thru Arthur J. Gallagher & Co. Page 8of9 frrt a Scho ade>County, and o ida me this „ d day of Superintendent of Schools as s Signed, witnessed, executed and acknowledged this. 1 day ofO d, 2002. Witnesses: Village of Key Biscayne Ir Sign 03th 6\1 �"" V "4 , Print Pm de tan an Sign Print STATE OF FLORIDA) COUNTY OF DADE ) he forgoing in /0676, 2002, me or who have produced take an oath. NOTARY PUBLIC ent wa'ackno Village Clerk Approvedaso Legal Sufffciency: Village Attorney bgfore me this % day of 5.fi, o are personally known to as identification and who did Sign (flie � /� 2 - Print 14-Vir4-a • Qo 2- State of Florida at Large (Seal) My commission expires: 103001\agreernentsyoiint participation agreement with rriami-dade county MAYRA F. GOMEZ MY COMMISSION # DO 002789 EXPIRES: Feb 20, 2005 1 -800 -3 -NOTARY F1 Notary Service & Banding, Inc Page 9 of 9 RESOLUTION NO. 2002-29 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, 2002 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 2002 taxable value; and WHEREAS, the provisions of Florida Statutes Section 200.065 require that within thirty-five (35) days of service of the Certification of Taxable Value upon a municipality, 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 public 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 public hearings to the Property Appraiser of Miami -Dade County; and WHEREAS, the Village Council has reviewed the figures supplied by the Property Appraiser of Miami -Dade -County and conferred at a public meeting with the Village Attorney and that being otherwise fully advised in the premises. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE, FLORIDAAS 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 and place of the first and second public hearings is hereby set by the Village Council as follows: Date Time September 10, 2002 7:00 p.m. Tuesday September 24, 2002 Tuesday 7:00 p.m. Place Key Biscayne Fire Station Council Chamber (Second Floor) 560 Crandon Boulevard Key Biscayne, Florida 33149 Key Biscayne Fire Station Council. Chamber (Second Floor) 560 Crandon Boulevard Key Biscayne, Florida 33149 Section 4. That the Village Clerk and Village Manager are directed to attach the original 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, 2002. Section 5. This resolution shall be effective immediately upon its adoption. PASSED AND ADOPTED this 23rd day of July 2002. MAYOR JOE L HITA H. ALVAREZ, CMC, VILLAGE CL APPROVED AS TO LEGAL SUFFICIENCY: RICHARD JAY WEISS, VILLAGE ATTORNEY 0 MIAMI-DADE COUNTY, FLORIDA MIAMFDADE Aires Orr Sal aw3 STEPHEN P. CLARK CENTER Village of Key Biscayne Ms. Jacqueline Menendez Village Manager 85 W. McIntyre Street Key Biscayne, FL 33149 Dear Ms. Menendez: June 28, 2002 DEPARTMENT OF PROPERTY APPRAISAL ADMINISTRATIVE DIVISION SUITE 710 111 NW 1ST STREET MIAMI FLORIDA 33128-1984 (305) 375-4004 FAX (305) 375-3024 Subject: Certification of Taxable Value (DR -420) www.00.miami-dade.fl.us/pa The 2002 Certification of Taxable Value (DR -420) forms were certified to all Miami -Dade County taxing authorities on July 1, 2002. The completed form must be returned to my office by the close of business (4:30 P.M.) Monday, August 5, 2002. Please insure that the form is completed and signed (refer to the instructions on the back of the DR -420). The following schedule is in order under the existing Florida Statutes. To insure TRIM compliance, please adhere to this information. July 1, 2002 'gust 5, 2002 (4:30 P.M.) August 23, 2002 (Projected) October.11, 2002 (4:30 P.M.) Certification of Taxable Value to the Taxing Authorities. Deadline for returning Proposed Millages to the Property Appraiser and Tax Collector. Your effort to return your DR -420 prior to this date would be appreciated. Mailing of Notices of Proposed Property Taxes. Deadline for returning Final Millages to the Property Appraiser and Tax Collector. The resolution or ordinance approving a final millage shall be forwarded to the Property Appraiser and Tax Collector within three days after the adoption of such resolution or ordinance. See Section 200.065(4), Florida Statutes. The Notice of Proposed Property Taxes will be completed based on the information you submit to my office on the DR - 420. Please list, on the DR -420, the telephone number that property owners can call for public inquiries concerning villagesor budgetary matters. Your cooperation is appreciated. If further assistance is required, please call my assistant, Herbert C. Parlato, at 375- 4004. Sincerely, w • Robbins Pro. - ti, Appraiser RESOLUTION NO. 2002-28 if A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING THE SETTLEMENT OF THE LITIGATION STYLED THE GARDENS OF KEY BISCAYNE/ALHAMBRA ASSOCIATION, INC. V. KEY BISCAYNE OCEAN CLUB LIMITED PARTNERSHIP AND THE VILLAGE OF KEY BISCAYNE, CIRCUIT COURT CASE NO: 99-28280 CA 06; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE A SETTLEMENT AGREEMENT AND TO TAKE ALL STEPS NECESSARY TO IMPLEMENT THE SETTLEMENT AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village of Key Biscayne (the "Village") is a defendant in the litigation styled The Gardens of Key Biscayne/Alhambra Association, Inc. v. Key Biscayne Ocean Club Limited Partnership and The Village of Key Biscayne, Circuit Court Case No: 99-28280 CA 06; and WHEREAS, the plaintiffs have offered to settle the litigation on the terms set forth in the July 1, 2002 memorandum from the Village Attorney attached to this Resolution as Exhibit "A"; and WHEREAS, the Village Council has considered the terms of the settlement as described in the attached Memorandum. NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. Approval of Settlement Terms. The Village Council hereby agrees to the terms of the settlement as reflected in the attached memorandum. Section 2. Execution of Settlement Agreement. The Village Council hereby authorizes the Village Manager to enter into a written settlement agreement which incorporates each of the terms set forth in the attached memorandum, including the recommendations of the Village Attorney described in the memorandum. The Village Council further authorizes the Village Manager to take all steps necessary to implement the terms of a settlement agreement. Section 3. Effective Date. This Resolution shall be effective immediately upon adoption. PASSED AND. ADOPTED this 2nd day of July, 2002. Ge CHITA H. ALVAREZ, CMC, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENC RICHARD GE ATTORNEY 2 MAYOR JOE L RASCO JUL-25-2002 THU 0950 AM P. 02 FAX NO, EXHIBIT "A" Weiss Serota Heifinan' Pastoriza & Guedes, P.A. Memo To: The Honorable Mayo, and Members of the Village Council From: Stephen J. Helium Date: July 1, 2002 Re: Gardens of Key Biscayne v. Key Biscayne Ocean Club, Ltdand the Village of Key Biscayne As some of you may know, a formal mediation was held on June 26, 2002, in an attempt to settle the above -referenced litigation. The mediator was Gerald Wetherington, a former Miami -Dade County Circuit Court judge. The parties in attendance were John Hinson on behalf of the Ocean Club, Jeffrey Jacobs and Linda Marlcs on behalf of the Gardens of Key Biscayne Condominium, Mayor Rasco, Jacqueline Menendez and Armando Nunez attended on behalf of the Village of Key Biscayne. The mediation was quite successful. At the end of several hours of mediation, the Gardens of Key Biscayne agreed to dismiss the lawsuit with prejudice. In consideration for the dismissal, they requested the following from the Ocean Club and the Village: 1. A $5,000.00 payment by the Ocean Club to the Gardens of Key Biscayne Condominium, which Mr. Hinson agreed to; and 2. An agreement by the Village to set the operating hours of the park from 6 a.m. to 11 p.m. daily, which was acceptable to the Mayor, Village Manager, and Mr. Nunez, but JUL-25-2002 THU 09:50 AM FAX N0, P 03 requires the Council's approval. Under the terms which we negotiated, the Village Council would initially set the hours as requested, but would have the right at any time to change these hours of operation in order to protect the "health, safety, and welfare" of the Village residents. Any change in operating hours would have to be approved by the Village Council at a public meeting with prior notice to the Gardens of Key Biscayne Condominium Association. In addition to the payment and operating hours, the parties agreed that each would be responsible for their own attorney fees and the Ocean Club agreed to dismiss counterclaims it had asserted against the Gardens. While we believe the suit against the Village lacked any merit and the Village would likely prevail in the event of further court proceedings, I would recommend that the Council approve the terms set forth above (including the right to modify the hours of operation) and authorize the Manager to execute a settlement agreement which includes the terms described in this memorandum and to further authorize the Manager to take all steps necessary to implement the settlement. SJH/mas 103.039 Attachment 2 RESOLUTION NO. 2002 -27 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; DIRECTING THAT A PUBLIC HEARING BE SCHEDULED FOR PURPOSES OF APPROVING A SITE PLAN FOR THE COMMUNITY CENTER; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on June 11,-2002, the Village Council held a workshop to review the preliminary results of the Community Center survey, the Community Center Committee's recommendations, financial and debt analysis, alternative site plans for the Community Center Building, estimated construction costs, and an analysis of parking spaces for the Civic Center; and WHEREAS, on June 11, 2002, the Village Council directed that Ballard*King and Associates prepare a report on the sizes of spaces and uses in the Community Center based on the results of the Community Center Survey; and, WHEREAS, on June 11, 2002, the Village Council directed the Village Manager to prepare an analysis of the proposed options for placing the Community Center Building at the site based upon the results of the survey and the updated report prepared by Ballard*King and Associates. WHEREAS, the Village Council has considered "The Community Center Final Survey Findings Report (May 2002)" as prepared by Leisure Vision, "The Key Biscayne Recreation Center Program (June 16, 2002)" as recommended by Ballard*King and Associates, and the Community Center Committee's recommendations. WHEREAS, the attached report is submitted to the Council in compliance thereof. NOW, THEREFORE BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS: Section 1. That the Village Council directs the Village Manager to schedule a public hearing for purposes of considering a site plan that implements the Council's selection of Option 3 relating to the siting of the Community Center. 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 2nd day of July 2002. CHITA IL ALVAREZ, CMC, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENC RICHARD JM VfEISS, VILLAGE ATTORNEY MAYOR: JOB I. RASCO wL FERNWOOD ROAD _ mv x G�4 pr ❑ 0 o il I a ' C p4110a 0 a04a/ 3 0IU 0M @VnD AREAS 1ST FL GROSS 29,648 SF 2ND FL GROSS 10,122 SF TOTAL 39,670 SF RO BER T CU RRIE PARTNERSHIP, INC . ----;-----: - - .rte` -�.� �_J `ff� Archit ects, Pl anners & Interi or D esign ers vY C \ �g `rsat- \l j RECREATION BLDG.,. //if! R OQ S RESOLUTION NO. 2002-26 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING PURCHASE AND SALE AGREEMENT BETWEEN UNITED CAPITAL MARKETS, INC., A FLORIDA CORPORATION, AND THE VILLAGEOF KEY BISCAYNE; PROVIDING FOR PURCHASE OF CERTAIN LANDS AND IMPROVEMENTS BY THE VILLAGE; AUTHORIZING VILLAGE MANAGER TO EXECUTE THE CONTRACT ON BEHALF OF THE VILLAGE; AUTHORIZING VILLAGE MANAGER TO TAKE ALL ACTION NECESSARY TO IMPLEMENT THE CONTRACT; AUTHORIZING VILLAGE MANAGER AND VILLAGE ATTORNEY TO TAKE ALL ACTION NECESSARY TO CLOSE THE PURCHASE AND SALE TRANSACTION; PROVIDING FOR EFFECTIVE DATE. WHEREAS, the Village desires to purchase certain lands and improvements from United Capital Markets, Inc. ("UCM"); and WHEREAS, the Village Council finds that the approval of the Purchase and Sale Agreement is in 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 Purchase and Sale Agreement (the "Purchase and Sale Agreement"), in substantially the form attached hereto, between the Village and UCM is hereby approved and the Village Manager and Village Clerk are authorized to execute such Purchase and Sale Agreement, in their respective capacities, on behalf of the Village, once approved by the Village Attorney as to form and legal sufficiency. Section 2. That the Village Manager is authorized to finalize all exhibits to the Purchase and Sale Agreement and to take all action necessary to implement the Purchase and Sale Agreement, including the expenditure of appropriated funds in accordance with the requirements of the Purchase and Sale Agreement. Section 3. That the Village Manager and Village Attorney are hereby authorized to execute all documents necessary to complete the closing of the purchase and sale transaction in accordance with the Purchase and Sale Agreement, and the Village Manager is authorized to execute all closing statements, and other instruments necessary to close the transaction. Section 4, That this resolution shall become effective upon its adoption. PASSED AND ADOPTED this 1st day ofJuly, 2002. MAYOR JOE I. RASCO CHITA H. ALVAREZ, CIVIC, VILLAG APPROVED AS 0 FORM AND LEGAL SUE l , TTO F:\103045\ Resolution Approving Contract For Parchase. and Sale of Real Property.doc 0 PURCHASE AND SALE AGREEMENT THIS PURCHASE AND SALE AGREEMENT (this "Agreement") is made and entered into as of the 1st day of July, 2002 between United Capital Markets, inc., a Florida corporation, (hereinafter referred to as "Seller"), and the Village Of Key Biscayne, a Florida municipal corporation (hereinafter referred to as "Purchaser"). WHEREAS, Seller is the owner of certain improved real property located at 530 Crandon Boulevard, Key Biscayne, Miami -Dade County, Florida, and more specifically described on Exhibit "A" attached hereto and made a part hereof; WHEREAS, Purchaser desires to purchase and Seller desires to sell the Property (hereinafter defined), upon the terms and conditions hereinafter set forth; and WHEREAS, Seller is selling Purchaser the Property under threat of condemnation. NOW, THEREFORE, for and in consideration of the mutual covenants and promises contained herein and of other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Purchaser and Seller agree as follows: SECTION 1: DEFINITIONS For purposes of this Agreement, each of the following terms, when used herein with an initial capital letter, shall have the following meaning: 1.1 Affiliate. A Person that directly or indirectly, through one or more inte,.iuMrliaries, controls, is, controlled by, or is under connnon control with the Person in question. For purposes of this definition, the term "control" means the ownership of 50% or more of the beneficial interest or the voting power of the controlled Person. 1.2 Business Day. Monday through Friday excluding bank holidays on which national banking associations are authorized to be closed. 1.3 Clean-up Costs: The costs incurred by Seller for the Environmental Clean-up (hereinafter defined) and Storage Tank Removal (hereinafter defined) pursuant to the Environmental Clean-up Contracts. 1.4 Closing. The Closing and consummation of the purchase and sale of the Property as contemplated by this Agreement. 1.5 Closing Date (or Date of Closing). The date upon which Closing occurs. 1.6 Condemnation Proceeding. Any proceeding or threatened proceeding in condemnation, eminent domain or -written request in lieu thereof 1.7 Deed. The statutory from Seller to Purchaser. arranty deed of conveyance of the Land and Improvements 1.7(a) Demolition Costs. The costs incurred by Seller in demolishing the building and other improvements located at the Real Property pursuant to the Demolition Contract (hereinafter defined): 1.8 Dne Diligence Period. The period of time commencing on the Effective.. Date and tenninating on the Termination Date. 1.9 Earnest Money. The funds to be paid by Purchaser to Escrow Agent pursuant to Section 3 hereof, plus any interest earned thereon. 1.10 Effective Date.. The date when the last one of Seller or Purchaser has signed and initialed all changes to this Agreement. 1.11 Environmental Requirement. All laws, statutes, ordinances, rules, regulations, orders, codes, licenses, permits, decrees, judgments, directives or the equivalent of or by any federal, state or local governmental authority and relating to or addressing the protection of the environment or human health. 1.12 Escrow Agent. Weiss Scrota Hellman Pastoriza & Guedes, P.A 1.13. Evidence of Authority. Evidence of authority for theexecution and performance of this Agreement by Seller including, without limitation, necessary corporate resolutions, certificate of good standing of Seller issued by the Florida Secretary of State, certificate of incumbency, authorizations and consents. 1.14 Governmental Authority. Any federal, state, county, municipal or other entity, authority, commission, board, bureau, court, agency or any instrumentality of any of them. 1.15 Hazardous Substances. Any material or substance that, whether by its nature or use, is now or hereafter defined as hazardous waste, hazardous substance, pollutant or contaminant under any Environmental Requirement, or which is toxic, explosive, corrosive, flammable, infectious, radioactive, carcinogenic, mutagenic or otherwise hazardous and which is regulated under any Environmental Requirement, or which is or contains petroleum, gasoline, diesel fuel or another petroleum hydrocarbon product. 1.16 Intentionally left blank. 1.17 Intentionally left blank. 1.18 Intangible Property. All intangible property owned by Seller and used in connection with or relating to the ownership, use, development, operation, management, occupancy or maintenance of the Land including, but not limited to the Permits and all public and private contract rights and development or usage rights of Seller with respect to the Land. 1.19 Land. The parcel of land being more particularly described on Exhibit "A" attached hereto and incorporated herein by reference and appurtenant easements thereto, together with all of Seller's right, title and interest in and to all easements, rights of way, strips and gores of land, tenements, hereditaments and appurtenances, reversions, remainders, privileges, licenses and other rights and benefits belonging to, running with or in any way relating thereto; together with all right, title and interest of Seller (if any) in and to any land lying in the bed of any street, road or highway, open or proposed, in front of abutting or adjoining the Land. 1.20 Intentionally Left blank. 1.21 Legal Requirement. All laws, statutes, codes, acts, ordinances, orders, judgments, decrees, injunctions, rules, regulations, permits, licenses, authorizations, directions and requirements of all Governmental Authorities and quasi -governmental authorities, officials, agencies, and officers, ordinary or extraordinary, which now may be applicable to the Property or any use, operation or condition thereof. 1.22 Monetary Lien. Any mortgage, deed of trust, security deed, lien, monetary judgment, security interest, past due tax or assessment or other similar encumbrance of a monetary nature against the Property or any portion of the Property. 1.23 Operating Agreements. All management, service, equipment, supply, security, maintenance, pest control, equipment leases and other such agreements (and any amendments, modifications or supplements thereto) with respect to or affecting the Property or any portion thereof (excluding the Permitted Exceptions). 1.24 Owner's Title Policy. An Owner's marketability policy of title insurance on the most current ALTA Form for the Property in the amount of the Purchase Price, subject only to the Permitted Exceptions, and containing such additional endorsements permitted under Florida title insurance regulations as reasonably requested by Purchaser. 1.25 Permits. All consents, notices of completion, environmental and utility permits and approvals authorizations, variances, waivers, licenses, permits, certificates and approvals from any Governmental Authority or quasi -governmental authority issued or granted with respect to the Property now or prior to Closing. 3 1.26 Permitted Exceptions. Those matters identified or referred to in Section 5.4 and such other title exceptions as may hereafter be approved in writing (or deemed to have been approved by Purchaser) subject to and in accordance with the terms and provisions of' Section 5 herein. 1.27 Person. Any individual; sole proprietorship, partnership, joint venture, trust, unincorporated organization, association, corporation, institution, entity, party or government (whether national, federal, state, county, city, municipal or otherwise, including, without limitation„, anyi strumentality, division, agency, body or deparunentthereof). 1.28 Infentionally left blank. 1.29 Intentionally left blank. 1.30 Property. The following property: 1.30.1 The Land; 1.30.2 The Intangible Property; 1.30.3 The interest of Seller under the Warranties and the Permits. 1.31 Purchaser's Attorney. Weiss Scrota Hellman Pastoriza & Guedes, P.A., Attention: Elaine M Cohen, Esq. Purchaser's Attorney's mailing address is 2665 South Bayshore Drive, Suite 420, Miami, Florida 33133. Telephone: (305) 854-0800, Telecopier: (305) 854- 2323. 1.32 Real Property. The T and 1.33 Intentionally left blank. 1.34 Seller's Attorney. William.G. Earle, Esq. Seller's Attorney's mailing address is 280 Harbor Drive, Key Biscayne, Florida 33149. 1.35 Submission Documents. The diligence items to be delivered to Purchaser pursuant to Section 9 hereof. 136 Survey. A survey or surveys of the Property satisfactory in all respects to Purchaser prepared by a licensed surveyor in the State of Florida, certified as meeting the minimum standards for survey in Florida. The Survey shall (i) show the square footage and acreage of the Land, (ii) show the locationof all the improvements, utility and other lines and easements, either visible or recorded, and the recording references of all the recorded easements 0 shown on the Title Commitment, (iii) show the elevation and flood zone information, and (iv) contain such other items as maybe reasonably required by Purchaser. 1.37 Intentionally left blank. 1.38 Termination Date. The date which is fifteen (15) days after the Effective Date. 1.39 Title Commitment. The commitment for title insurance to be obtained by Purchaser pursuant to Sections below. 1.40 Title Company. Chicago Title Insurance Company, Lawyers Title Insurance Corporation or such other nationally recognized title insurance company licensed to write title insurance in the State of Florida which is approved by Purchaser. 1.41 Intentionally left blank. 1.42 Warranties. All guarantees, warranties and indemnities existing now or prior to Closing relating to the Property. SECTION 2: PURCHASE AND SALE Purchaser shall purchase the Property from Seiler, and Seller shall sell, convey, transfer and assign the Property to Purchaser, subject to and in accordance with the terms and conditions of this Agreement. SECTION 3: EARNEST MONEY Within five Business Days after the Effective Date, Purchaser shall deposit in escrow with the Escrow Agent $1,000.00 as Earnest Money, to be delivered to Seller at Closing and applied as a credit against the Purchase Price (as defined below) at Closing. Escrow Agent shall hold and disburse the Earnest Money in accordance with the terms of this Agreement. Purchaser and Seller agree to sign all forms and reports reasonably required in connection with the holding and investing by Escrow Agent of the Earnest Money. SECTION 4: PURCHASE PRICE The purchase price for the Property shall be One Million Six Hundred Fifteen Thousand and No/100 Dollars ($1,615,000.00). (herein referred to as the "Purchase Price"). In addition, Purchaser shall reimburse Seller for the Demolition Costs and Clean-up Costs incurred by Seller after the date hereof. The entire Purch se Price, less the amount of the Earnest Money and subject to adjustments and proratiions as herein provided, shall be due and payable by cashier's check or in immediately available funds, bywiretransfer, at Closing. SECTION 5: TITLE/SURVEY Title to the Property shall be good and marketable and insurable fee, simple title in an amount of the Purchase Price at no more than the Title Company's ordinary or promulgated rates for the Owner's Title Policy. Seller shall deliver such affidavits and agreements as may be reasonably required by the Title Company in order to issue the Owner's Title Policy in accordance with this Agreement: 5.1 Exarination'of Title. Within two (2) Business Days of the Effective Date, Seller shall deliver to Purchaser's attorney Seller's existing owner's title `'policies covering the Property. Purchaser may obtain, at, Purchaser's expense, an ALTA marketability title insurance commitment (the, "Title Commitment") issued by the Title Company covering the Land pursuant to which the Title Company agrees to issue the Owner's Title Policy to Purchaser: The cost of the Title Commitment and the Owner'sTitle Policy shall be paid by Purchaser.x 5.2 Survey. Within two (2) days of the Effective Date. Seller shall provide Purchaser with a copy of any existing survey of the Property in Seller's possession. At Purchaser's option, Purchaser may obtain the Survey at Purchaser's expense 53 Intentionally left blank. 5.4 Permitted Exceptions.' The sale of the Property shall be subject to the following: 5.4.1. The lien of all ad valorem real estate taxes for the fiscal year in which Closing occurs, subject to proration as herein provided; and 5.4.2. Any items, shown on the Title Conunituient and approved by Purchaser in accordance with Section 53 below. The above items described in this Section 5:4 are herein collectively referred to. as the "Permitted Exceptions". 5.5 Objections to Title/Survey. Purchaser shall be entitled to object, in its reasonable discretion, to any exceptions to title disclosed m the Title Commitment and/or matters shown on the Survey until the end of the Due Diligence Period, by written notice to Seller of any objections to the Title Coninutment and the Survey: In the event that Purchaser shall so object to the Title Commitment and/or the Survey, Seller shall have five (5) Business Days after receipt of such notice to cure Purchaser's objections to Purchaser's satisfaction or to obtain affirmative title insurance protection acceptable to Purchaserfor such objections. In the event Seller is unwilling or unable to so cure such objections or to obtain affinnative title insurance protection acceptable to Purchaser for such objections within such period, Purchaser may (i) waive such objections, (ii) give Seller additional time in writing to cure such objections (in which event, the Closing shall be delayed for an equivalent period of time) or (iii) terminate this Agreement by written notice to Seller, in which event the 'Earnest Money shall be immediately returned to Purchaser and neither Purchaser nor Seller shall have any further obligations hereunder, except obligations that expressly survive the termination of this Agreement. 5.6 Cure of Monetary Liens. Notwithstanding Section 5.5 above, if the Title Commitment reveals the existence of a Monetary Lien, then Seller shall pay any amount due in satisfaction of each such Monetary Lien as to the Property only (or, subject to Purchaser's reasonable approval, otherwise cause the same to be removed as an exception in the Title Commitment) which amount, at the option of Seller, may be paid from the proceeds of the Purchase Price at Closing. If one or more Monetary Liens have not been satisfied before the Closing Date, then Purchaser and Escrow Agent are hereby authorized to satisfy such Monetary Liens from the proceeds of the Purchase Price at Closing. 5.7 Purchaser's Right to Terminate. If any title matter other than a matter disclosed in the Title Commitment or the Survey arises or becomes known to Purchaser subsequent to the date of the Title Commitment (a "New Title Matter") and such New Title Matter (a) is a Monetary Lien or (b) was created or consented to by Seller, then Seller shall cure the New Title Matter, at Seller's expense, on or before Closing. If the New Title Matter is not a Monetary Lien or was notcreated or consented to by Seller, then Seller shall have until the earlier of (i) five (5) Business Days of Seller's receipt of written notice thereof or (ii) the Closing Date, within which to cure the same or to obtain affirmative title insurance protection acceptable to Purchaser for such matter, and if such New Title Matter is not cured within such period, then Purchaser may, at its sole option, exercised by written notice to Seller within five (5) Business Days following the expiration of the five (5) Business Day cure period, either (i) terminate this Agreement and receive a refund of the Earnest Money or (ii) elect toclose subject to such New Title Matter. In the event of termination, neither party hereto shall have any further rights, obligations or liabilities hereunder except to the extent that any right, obligation orliability set forth herein expressly survives termination of this Agreement. SECTION 6: SELLER'S REPRESENTATIONS AND WARRANTIES Seller represents and warrants to Purchaser and covenants and agrees with Purchaser, on and as of the date hereof, to be certified to Purchaser on or as of the Closing, as follows: 6:1 Title. Seller is the fee simple owner of the Land free and clear of all encumbrances except for the Permitted Exceptions (without modification arising with regard to Purchaser's rejection or disapproval of any of the items pursuant to this Agreement)... 6.2 Organization., Power and Authority. Seller is a Florida corporation, duly rented, validly existing and in good standing under the laws of the state of its formation. ` Seller is, to the extent required by law, duly qualified to do business in the State in which the Property is located and has all necessary power to execute and deliver this Agreement and perform all its obligations hereunder. The execution, delivery and performance of this Agreement by Seller (i) has been duly and validly authorized by all necessary action on the part of Seller, (ii) does not conflict with or result in a violation of its organizational documents, or any judgment, order of decree of any court or arbiter in any proceeding to which Seller is a party, and (iii) does not conflict with or constitute a breach of, or constitute a default under, any contract, agreement or other instrument by which Seller or the Property is bound or to which Seller is a party. 6.3 No Conflict. with Laws. The execution and deliveryof this Agreement by Seller and the perfoiuiai cce by Seller of its :obligations hereunder will not conflict with or result in a breach of any order, judgment, writ, injunction or decree of any court or governmental instrumentality 6.4 No Bankruptcy. Seller is not aparty to any voluntary or involuntary proceedings under any applicable laws relating to the insolvency, bankruptcy, moidtorium or other laws affecting creditors rights to the extent that such laws may be applicable to Seller or the Property: 6.5 No Litigation. Seller is not a party to or affected by any litigation, administrative action, investigation or other governmental or quasi -governmental proceeding which would or could have an adverse effect upon the Property or upon the ability of Seller to fulfill its obligations under this Agreement There are au lawsuits, administrative actions, governmental investigations or similar proceedings; pending; or threatened against or adversely affecting the Property or any portion thereof or any interest,therein. 6.6 Intentionally left blank. 6.7 No Notices of Deficiency. Seller has not received any notice nor does Seller have any actual knowledge that the holder of any mortgage or deed of trust -encumbering any of the Property, or any portion thereof or interest therein, or any insurance company which has issued a policy with respect to any of the Property or any board of fire underwriters (or other body exercising similar functions) claims, or intends to claim, any defect or deficiency in the Property, (that has not been corrected) or requires, or intends to require, the performance of repairs, alterations, or other work to the Property as a condition to forego any premium; rate increase, cancellation or other potential policy change; and, Seller, subject to the right to contest any such claim or requirement, agrees to comply with any such notice at Seller's cost if any such notice is issued prior to the Closing Date. 6.8 Intentionally left blank. 6.9 Legal Requirements. The constriction, operation and use of the Real Property is in compliance with the zoning, subdivision or building codes and all other Legal Requirements. 6.10 Compliance. None of the Property isinviolation of any Legal Requirements or Insurance Requirements: 6.11 No. Violations. There are no presently outstanding and uncured notices of any violations of any Legal Requirements, or Insurance Requirements, and to Seller's actual 8 knowledge, no Person capable of issuing such notice of violation has threatened to issue a notice of violations. 6.12 Intentionally left blank. 6.13 Tax Parcels. Each of the parcels constituting the Land is assessed as a separate tax lot or tax parcel, independent of any other parcels or assets not being conveyed hereunder, each of the parcels constituting the Land has been validly, finally and unappealably subdivided from all other property for conveyance purposes. There are no pending contests or appeals with respect to (i) the assessed value of the Property for ad valorem taxation purposes or (ii) the amount of any ad valorem taxes levied against or paid with respect to the Property. 6.14 Utilities. All public utilities (including, without limitation, sanitary sewer, storm sewer, electricity, gas, water and telephone) required for the operation of the Property, or any part thereof, are installed and operating and have been accepted by such utility company or governmental authority. All installation and connection fees, "tie-in" charges, impact fees, tap - on, permit and other fees with respect to the utilities or facilities now serving the Property, including, but not limited, to water, sewer, electric, telephone and [gas], have been folly paid, except for monthly utility service bills which will be paid prior to delinquency. Seller has not received any complaint or claim with respect to storm water flow from any owner of adjacent property or otherwise. 6.15 Assessments. Seller has no actual knowledge and Seller has not received written notice of any assessments by a public body, whether municipal, county or state imposed, contemplated or confirmed and ratified against any of the Property for public or private improvements which are now or hereafter payable. 6.16 Contractors. All contractors, subcontractors, architects, materialmen, laborers, suppliers and other parties who have performed or furnished work, labor, materials, equipment or supplies or have labored on the Property to make improvements thereon or otherwise to improve the Property are paid in full, and there are no unpaid claims related to work that has been completed or is in progress. 6.17 Intentionally left blank. 6.18 No Rights to Purchase. Except for this Agreement, Seller has not entered into, and has no actual knowledge of any agreement, commitment, option, right of first refusal or any other agreement, whether oral or written, with respect to the purchase, assignment or transfer of all or any portion of the Property which is currently in effect. 6.19 Operating Agreements. There will be no Operating Agreements in effect at Closing. 6.20 Intentionally left blank. 6.21 Intentionally left blank. 6.22 Parties in Possession. At Closing, there will be no parties in possession of any portion of the Land as lessees, tenants at sufferance or trespassers. 6.23. Entrances and Exits: All current, curb cuts, entrin.ces and exits to the Real Property are lawful and permitted. 6.24 Access. There is permanent vehicular, and pedestrian egress from and egress to the Land over public roads that about the Land. 6.25 No Commitments to Dedicate Property. No comn3iL<uents or agreements have been or will be made to any governmental authority, utility company, school board, church or other religious body, any homeowners or homeowners' association, or any other organization, group or individual, relating to the Land which would impose an obligation upon Purchaser to make any contributions or dedications ofinoney or land to construct, install or maintain_ any improvements of a public of private nature'en or off .the Land, or otherwise impose liability on Purchaser. 6.26: Adverse Conditions. Seller has no actual knowledge of any adverse fact relating to the physical condition of the Land which has not been specifically disclosed M. writing to Purchaser, including, without limitation, adverse soil conditions. 6.27. Unrecorded Agreements Restricting Use of the Property. Seller has not, nor to Seller's actual knowledge has any predecessor in title, executed or caused to be executed any document with or for the benefit of any Governmental Authority restricting the development, use or occupancy of the Property that is not recorded in the land records of the county in which the Land is located or has not been specifically disclosed in writing to Purchaser. 6.28 Submission Documents. All Submission Documents delivered or made available, or to be delivered or made available to Purchaser pursuant to this Agreement, are or upon submission will be complete, accurate, true and correct in all material respects. 6.29 Wrongful Act. Seller has not undertaken any knowingly wrongful action and shall indemnify, defend and hold harmless Purchaser from and against any action or claim of third parties arising out of Seller's actions 6.30 Disclosure. No statement, warranty or representations by the Seller contains an untrue statement of material fact or omits to state a material fact necessary in order to make the statements made infight of the circumstances under which such statements are made not misleading 0 6.31 Survival. The foregoing representations, warranties, covenants and agreements of Seller in this Section 6 shall survive the Closing or termination of this Agreement. 6.32 Actual Knowledge. As used in this Agreement or in any Schedule attached hereto, any reference to actual knowledge shall with respect to Seller mean the actual knowledge of Seller and its officers and employees who have any association with the ownership or management of the Property. SECTION 7: PURCHASER'S REPRESENTATIONS AND WARRANTIES Purchaser represents and warrants to Seller that the following facts and conditions exist and are true as of the date hereof and shall exist and be true as of the date of the Closing. 7.1 Purchaser is validly formed municipal corporation in good standing organized and existing under the laws of the State of Florida and has all requisite power and authority to purchase the Land and to enter into and perform its obligations hereunder. SECTION 8: SELLER'S COVENANTS From and after the date hereof through and including the Closing Date, Seller agrees as follows (each of which covenants is a condition. to Purchaser's obligations to close under this Agreement -and must be satisfied by Seller or waived by Purchaser in writing prior to Closing): 8.1 Inspection of Property. Seller will allow Purchaser and; its agents and contractors to enter upon the Property for any purpose in connection with Purchaser's proposed purchase, use and operation of the Property. 8.2 Affidavit. Simultaneously with the execution and delivery of this Agreement, Seller shall cause to be delivered to Purchaser the Affidavit of John D. Devaney in a form attached hereto as Exhibit "B". 8.3 Notices. Seller shall, promptly upon Seller's obtaining knowledge thereof, provide Purchaser with a written notice of any event which has an adverse effect on the operation or physical condition of the Property 8.4 Notices of Violation. Promptly after Seller obtains actual knowledge or upon receipt of written notice thereof, Seller has provided or shall provide Purchaser with written notice of any violation of any Legal Requirements, or Insurance Requirements, affecting the Property, any service of process relating to the Property or which affects Seller's ability to perform its obligations under this Agreement or any other correspondence or notice received by Seller which has or has the potential to have an adverse effect on the Property. Intentionally left blank. 8.6 Notification of Change of. Circumstances. Seller shall provide Purchaser with written notice of any transaction • or occurrence prior to Closing which could make any of the warranties, representations, covenants and agreemect of Seller under this Agreement not true with the same force and effect, as if made on or as of the date hereof 8.7 Seller's Cooperation. If requested by Purchaser, Seller will promptly execute all petitions, applications, easements, plats, site plans, waivers of plats, and other documents which Purchaser may request and otherwise reasonably cooperate with Purchaser in connection with Purchaser obtaining -or grantifg any permit, plat, waiver of plat, site plan approval, easement, right -of --way, dedication, rezoning, right -of -way' - deed, valiance or other administrative authorization recquir'ed for Purchaser's proposed development of the Real Property. 8.8 Demolition of Building. Prior to Closing, Seller shall demolish the building and other improvements located at the Real Property in accordance with all Legal Requirements. Seller shall enter into a contract for such demolition at commercially reasonable costs (the "Demolition Contract"). 8.9 Environmental Clean-up and Removal of Underground Storage Tanks. Prior to closing, Seller shall cause (i) the Property to be cleaned up in accordance with all Enviroiuuental Requirements (the "Environmental Clean-up"), including, clean-up of all the environmental contamination identified in the Linhted Contamination Report for the Real Property dated June 24, 2002 prepared by Properties Environmental Assessments & Remediation, Inc., P.EA.R: Project #05701024 and (ii) all underground storage tanks located at the Real Property to be removed in accordance with all Environmental Requirements (the "Storage Tank Removal'). Seller shall enter into contract for the Environmental Clean-up and the Storage Tank Removal at commercially reasonable costs (the "Environmental Clean-up Contracts"). 8.10 Survival: Any. claim for breach of the covenants contained in this Section 8 shall survive the Closing. ,SECTION 9: PURCHASER'S DUE DILIGENCE AND INSPECTION OF PROPERTY 9.1 Documents to be Delivered by Seller. Commencing five (5) days after the Effective Date, Seller shall provide to Purchaser copies of all documents, records, reports, studies, data and information relating to the Property m Seller's control or possession, including, without limitation, any existing tests, surveys, title policies, licenses, permits, engineering and/or environmental analyses, soil test borings, Warranties, Permits and tax bills (the "Submission Documents"). 9.2 Inspection of Property. Purchaser or its appointed agents or independent contractors shall have, at all reasonable times prior to the Closing, the privilege of going upon the Land and in the Improvements, at Purchaser's sole cost and expense, to inspect, examine, test, investigate, appraise and survey the Property, including, without limitation, soils . and 0 0 environmental tests .and inspections. In exercising the privileges granted pursuant to this subsection 9.2, Purchaser shall substantially restore the Property to the condition existing prior to such activities on the Property. In consideration of Purchaser's right to inspect the Property as described in this subsection 9.2, subject to the provisions and monetary limitations of Section 768.28, Florida Statutes, Purchaser agrees to indemnify, defend and hold Seller harmless from any actions, suits, liens, claims, damages, expenses, losses and liability for damage to personal property or personal injury arising from or attributable to any acts performed by Purchaser or its appointed agents or independent contractors in exercising Purchaser's rights under this subsection 9.2 (including, without limitation, any rights or claims of materialmen or mechanics to hens on the Property, but excluding any matter to the extent arising out of the negligence or misconduct of Seller). This agreement to indemnify Seller shall survive the Closing and any termination of this Agreement. 9.3 Conditions Precedent/Termination Right. In addition to any other termination right or other remedy specified herein and notwithstanding any provision of this Agreement which may be interpreted to the contrary, if Purchaser is dissatisfied, for any reason and in Purchaser's exclusive judgment, with the results of Purchaser's investigation and study of the Property, then Purchaser may terminate this Agreement by notifying Seller or Seller's Attorney of such termination on or before the 5:00 p.m. on the Termination Date, whereupon the Earnest Money shall be refunded to Purchaser by the Escrow Agent and thereafter neither party hereto shall have any further rights, obligations, or liabilities hereunder except to the extent that any right, obligation or liability set forth herein expressly survives termination of this Agreement SECTION 10: INTENTIONALLY LEFT BLANK. SECTION 11: INTENTIONALLY LEFT BLANK. SECTION 12: CLOSING Subject to satisfaction of all conditions to Closing, the Closing shall be held during regular business hours on August 15, 2002. The Closing shall be held at the offices of Purchaser's Attorney, at a time mutually acceptable to both parties. If no such selection is timely made, the Closing shall be held at 10`:30 a.m. local time on the Closing Date or at such other time or such other place as maybe mutually agreed in writing by the parties hereto. 12.1 Delivery: Possession. At Closing, Seller shall deliver to Purchaser the items required of Seller under this Agreement, and Purchaser shall deliver to Seller the balance of the Purchase Price, plus the Demolition Costs and Clean-up Costs incurred by Seller after the date hereof (after crediting the Earnest Money) and the other items required of Purchaser under this Agreement. Seller shall deliver possession of the Property to Purchaser, subject only to the Permitted Exceptions at the time of Closing. Risk of loss shall remain with Seller until Closing. 13 " 12.2 Closing Costs. 12/.1 Seller's Costs. Seller shall pay (i) the fees and expenses of Seller's attorneys and (i) the cost of recording any corrective instruments. 12.2.2, Purchaser's Costs. Purchaser shall pay () any costs incurred by Purchaser in, preparing, and perfformang its due diligence investigations, (ii) tie`cost 'of- the:T'itle Conlmiitmei t (iii) the prcmiuin fat the Qavnj r"s Title Policy, (iv).the. cost of -the. Siu'vey, (v) the cost of recording file Deed; (vi)' the documentary stamps`` and surtaxes due" on the Deed, (vii}. therDemolition Costs' and Cleanup Costs, and (viii) the fees and expenses of Putcliaser s attorneys;, 12.2.3 Survival. The provisions df this subsection 122, shall survive the Closing and the ,delivery of the Deed,s.. 12.3 Purchaser's Conditions to losing. Purchaser's obligation to purchase, the Property or otherwise to perform any oblia Lion provided m this Agreement is expressly conditioned upon the fnlfillnieut or sat sfaction of each, of the following conditions precedent on or before the Closing Date (any of which may be waived only in writing by Purchaser in its discretion): 12.3.1 Seller shall have fully performed, each undertaking and covenant and agreement to be performed by Seller under this Agreement including, but not limited to, delivery of all items and documents required under Section 14 below; 12.3.2 Each representation and warranty made in this Agreement by Seller shall be complete, trueand accurate; 12.33 The Owner's Title. Policy_ shall be issued, or in lieu of issuance of the foregoing at Closing, the Title Company shall have delivered a "marked up" Title Commitment, subjert only to the Permitted Exceptions, with gap' coverage, deletingall requirements and deleting the standard exceptions; 12.3.4. Intentionally left blank. 12.3.5 Without additional cost or charge to Purchaser, all. Permits, Warranties and -;,other Intangible Property shall be assigned to Purchaser, to the extent the same are assignaable, 14 12.3.6 Except as cured by Seller or otherwise approved or waived in writing by Purchaser, no event shall have occurred which may have an adverse effect on the operation or physical condition of the Property; 12.3.7 No amendments, restatement, adoption or repeal of any laws, statutes, codes, acts, ordinances, orders, judgments, decrees, injunctions, rules, regulations, permits, licenses, authorizations, directions and requirements of all governmental authorities, officials, agencies and officers, ordinary or extraordinary, shall have occurred which is applicable to the Property and has or could have an adverse effect upon the value, use, operation, zoning, development or condition thereof. 12.3.8 Intentionally left blank. 12.3.9 The Land shall have been subdivided from all other property in accordance with all applicable governmental requirements and shall be assessed as a separate tax lot or tax parcel, independent of all other parcels of land not being conveyed hereunder. If any of the foregoing conditions are not satisfied at or before Closing, then in addition to any remedy available to Purchaser under this Agreement, Purchaser may terminate this Agreement by written notice to Seller, in which event the Earnest Money shall be returned to Purchaser and the parties shall be released from all obligations and liabilities under this Agreement except those that expressly survive termination of this Agreement. SECTION 13: PRORATIONS AND CREDITS AT CLOSING All prorations provided to be made "as of the Closing Date" shall each be made as of 11:59 p.m. local time on the date immediately preceding the Closing Date. In each proration set forth below, the portion thereof allocable to periods beginning with the Closing Date shall be credited to Purchaser, or charged to Purchaser, as applicable, at Closing or, in the case of allocations made after Closing, upon receipt of such payments or invoice as of the Closing Date. Except as may otherwise be specified herein, the following items shall, as applicable, be prorated between Purchaser and Seller or credited to Purchaser or Seller: 13.1 Property Taxes and Assessments. 13.1.1 Taxes. Seller acknowledges and agrees that the Property is being purchased by an exempt governmental entity and that the Seller must comply with. Section 196.295, Florida. Statutes, regarding real estate taxes; provided, however, Purchaser shall be responsible to 15 tt2reatr yl pay the amount of real estate taxes to the county tax collector due on the Property prior to Closing for the calendar year 2002. 13.1.2 Special Assessments. Certified, confiLiued and ratified special assessment liens as of Date of Closing (and not as of the date of this Agreement) shall be paid by Seller or Purchaser shall receive a credit therefor., Pending liens as of Date of Closing shall be assumed by purchaser; provided, however, that where the improvement for which the special assessment was levied, had been substantially ,completed as of the -date of this Agreement, such pending liens shall be`considered as certified; confirmed or ratified and Seller shall, at Closing, be' charged an amount equal to the estimated assessment for -de'improvement. 13.2 Utility Expenses and Payments. Seller shall have sole responsibility for all utility charges accrued as of the Closing Date. Purchaser shall be responsible for malting any necessary arrangements for the continuation of all utility services to the Property following Closing. Seller shall cooperate with Purchaser and execute all necessary documents as reasonably required by Purchaser to accomplish the foregoing:. 13.3 Intentionally left blank. 13.4 Other Matters. Seller and Purchaser shall make such other adjustments and apportionments as are expressly set forth in this Agreement. 13.5 Survival. The provisions of this Section 13 shall survive the Closing and the delivery of the Deed, In the event final figures have not been reached on any of the adjustments, prorations or costs which are to be adjusted at or prior to Closing pursuant to this Section 13, the parties shall close using adjustments and prorations reasonably estimated by Seller and Purchaser, subject to later readjustment when such final figures have been obtained. The parties hereof agree that they shall seek to determine the amounts of all prorations and adjustments required hereunder on or before the Closing Date, if possible, and to the extent not then obtainable within one (1) year of Closing, SECTION 14: CONVEYANCES AND DELIVERIES AT CLOSING 14.1 Warranty Deed. At Closing, Seller shall convey the Land and Improvements to Purchaser by a duly executed and recordable statutory warranty deed in substantially the form attached hereto as Exhibit "D" (herein referred to as "Deed"), subject only to the Permitted - Exceptions. 14.2 Intentionally left blank_ Q 16 14.3 Intentionally left blank. 14.4 Intentionally left blank. 14.5 Section 1445 Certificate. At Closing, Seller shall execute and deliver to Purchaser and the Title Company a certificate substantially in the form as Exhibit "F" attached hereto stating that Seller is not a "foreign person" as defined in Section 1445 of the Internal Revenue Code and the regulations thereunder. 14.6 Form 1099. At Closing, Seller shall execute and deliver to Purchaser and the Title Company such federal income tax reports respecting the sale of the Property as required by the Internal Revenue Code and such other infonnation required by the Title Company to complete IRS Form 1099 with respect to this transaction. 14.7 Intentionally left blank. 14.8 Affidavit of Title. At Closing, Seller shall execute and deliver to Purchaser and to the Title Company a no -lien, possession and gap title affidavit in the form required by the Title Company, together with such resolutions, affidavits, documents and certificates as the Title Company may reasonably require to issue the Owner's Title Policy in accordance with the terms of this Agreement. 14.9 Closing Statement. At Closing, Seller and Purchaser shall execute and deliver a Closing Statement which shall, among other items, set forth the Purchase Price, all credits against the Purchase Price, the amounts of all prorations and other adjustments to the Purchase Price and all disbursements made at Closing on behalf of Purchaser and Seller in accordance with the terms of this Agreement. 14.10 Evidence of Authority. At Closing, Seller shall update Evidence of Authority dated not more that five days before the Closing Date. 14.11 Intentionally left blank. 14.12 General Assignment. At Closing, Seller will deliver to Purchaser a general assignment, to the extent assignable, of the Warranties, Permits, the Intangible Property and all other property and rights included in the transaction contemplated by this Agreement; which assignment shall be substantially in the form attached hereto as Exhibit "G". 14.13 Transfer Tax Returns. At Closing, Seller will execute and deliver Florida Department of Revenue Form DR -219. 17 14.14 Disclosure Affidavit. At least ten (10) days prior to Closing, Seller shall execute and deliver to Purchaser an affidavit in recordable form as required by the provisions of Section 286.23, Florida Statutes. 14.15 Conveyance of Awards. At Closing, Seller shall, if and to the extent applicable, deliver to Purchaser all proper instruments for the conveyance of any condemnation, insurance or other awards or proceeds described in and subject to and in accordance with Section 16 hereof, all duly executed by Seller. 14.16 Physical Possession. At Closing, Seller shall deliver to Purchaser possession of the Property.' 14.17 Seller's Certificate. At Closing, Seller shall deliver to Purchaser a certificate of Seller dated as of the Closing Date certifying (i) that all representations and warrantees of Seller under this Agreement are true and correct, in all respects as of the Closing Date (except as the same may have been changed as permitted in accordance with the terms of this' Agreement and disclosed to Purchaser prior to Closing) and (ii) to Seller's actual knowledge, that there has occurred no default or breach, nor any event which with notice or with the passage of time, or both, would constitute such a default or breach by Seller under this Agreement. 14.18 Seller's Affidavit. At Closing, Seller shall deliver to Purchaser an Affidavit, in form reasonably satisfactory to Purchaser, confirming that Seller is duly formed, validly existing and in good standing under the laws of the State of Florida; that Seller and the person executing- the closing documents on behalf of Seller has the power and authority to execute and deliver this Agreement and perform its obligations hereunder; and that the execution, delivery . and performance of this Agreement and of all instruments to be executed and delivered by Seller hereunder have been duly authorized by all necessary action on the part of Seller' and will not conflict with or result in a breach of or any order, judgment, writ, injunction or decree of any court or governrnenntal instrumentality, or of the trust agreement of Seller or any agreement or instrument to which Seller is a party or by which it is bound, or to which the Property is subject. 14.19 Intentionally left blank. 14.20 Other Documents. At Closing, Seller and Purchaser shall deliver to each other any other documents expressly required to be delivered or furnished pursuant to any other provisions of this Agreement or reasonably required to carry out the purpose and intent of this Agreement. SECTION 15: NOTICES All notices, consent, approvals and other communications which may be or are required to be given by either Seller or Purchaser under this Agreement shall be properly given only if made in writing and sent by (a) hand delivery, (b) electronic facsimile or other transfer device 0 0 18 with telephone or other confirmation of receipt, provided that a hard copy of such notice is mailed by US first class mail, postage prepaid, on or before the next Business Day following such telecopy delivery or (c) a nationally recognized overnight delivery service (such as Federal Express, UPS Next Day Air, Purolator Courier or Airborne Express), with all delivery charges paid by the sender and addressed to the Purchaser or Seller, as applicable, as follows, or at such other address as each may request in writing. Such notices shall be deemed received, (1) if delivered by hand or overnight delivery service on the date of delivery and (2) if sent by electronic transfer on the date transmission is confirmed by telephone or return electronic transfer from, the receiving party, providedi that a hard copy of such notice is mailed by US first class mail, postage prepaid, on or before the next Business Day following such telecopy delivery. The refusal to accept delivery shall constitute acceptance and, in such event, the date of delivery shall be the date on which delivery was refused. Said addresses for notices are to be as follows: IF TO SELLER: United Capital Markets, Inc. 772 Ridgewood Road Key Biscayne, Florida 33149 Attn.: John D. Devaney, President TelecopyNo.: (305) 361-5150 with a copy to: William G. Earle, Esq. 280 Harbor Drive Key Biscayne, Florida 33149 IF TO PURCHASER: .. with a copy to: Village of Key Biscayne 85 West McIntyre Street Key Biscayne, Florida 33149 Attention: Jacqueline Menendez, Village Manager TelecopyNo.: (305)365-8936 Weiss Serota Helfrnan Pastoriza & Guedes, PA. 2665 South Bayshore Drive Suite 420 Miami, Florida 33133 Attention: Elaine M. Cohen, Esq. Telecopy No.: (305) 854-2323 SECTION 16: CASUALTY AND CONDEMNATION 16.1 Casualty. Prior to the Closing Date, and notwithstanding the pendency of this Agreement, the entire risk of loss or damage by fire or other casualty shall be borne and assumed by Seller. 16.2 Condemnation. At Closing, Seller shall assign to Purchaser all of Seller's right, title and interest in and to the beds of streets; roads, alleys, avenues and highways abutting the Property and: all of Seller's right, title and interest in and to all awards in condemnation, or dathages or any kind, to which Seller rs entitled at the time of Closing, by reason of any exercise of power of eminent domain with respectthereto or for thetaking of the Property or any. part thereof or by reason ofany,other event affecting the Property which gives rise to a damage -claim against a third Party after theadate hereof. 'Prior to the Closing Date, if all or any portion of the Property is taken, or if access thereto is reduced or restricted by eminent domain or otherwise(or if such taking, reduction or restriction is pending, threatened or contemplated) (hereinafter a "Condemnation Proceeding"), Seller shall immediately notify Pureltas& of such fact. In the event that such notice related to the taking of all or any portion of the Property, Purchaser shall have the option, in its sole and absolute discretion, to terminate' this Agreement upon written notice to Seller given not later than thirty (30) days' after receipt of Seller's notice; whereupon the Earnest Money shall be refunded to Purchaser and thereafter neither Party shall have any rights, obligations or liabilities hereunder except with. respect to those rights, obligations or liabilities which expressly survive the tcrrnination of this Agreement. If Purchaser does not elect to terminate this Agreement as hereiniprovided. Seller shall pay to Purchaser any award received by Seller prior to Closing and Purchaser shall have the right to participate with Seller in any Condemnation Proceeding affecting the Property; provided,' that in doing so Purchaser shall cooperate with Seller in good faith. SECTION 17: BROKERS Each party represents to the other that such party has not incurred any obligation to any broker, finder or real estate agent with respect to, the purchase or sale of the Property. Each of Seller and Purchaser warrants and represents to the other that such party has employed (expressly or impliedly) no broker, agent or other such Person as'to which a commission or other such fee is. or would become due or owing as a result of the purchase and sale contemplated hereby and has made no agreement (express or implied) to pay any broker's commission or other such fees in connection with the purchase and sale contemplated by this Agreement. Each of Seller. and Purchaser agrees to indemnify and defend the other against, and to hold the other harmless of and from all claims, demands and liabilities (including reasonable attorney's fees and expenses incurred in defense thereof) for any commission or fees payable to, or claimed by, any broker, agent or other such Person arising out of the employment or engagement of such Person employed (expressly or impliedly) by Seller of Purchaser, as applicable, or with whom Seller or Purchaser, as applicable, has or is claimed to have, made an agreement (express or implied) to pay a commission or other such fee; provided, however, Purchaser's indemnification obligations under this Section 17 are subject to the provisions and monetary limitations of Section 768.28, 20 0 0 Florida Statutes. The representation, warranties, undertakings and indemnities of this Section 17 shall survive the Closing hereunder and any termination of this Agreement. SECTION 18: INTENTIONALLY LEFT BLANK SECTION 19: DEFAULT/REMEDIES 19.1 Seller's Default/Purchaser's Remedies. Notwithstanding any other remedy provided for herein, if Seller defaults in the observance or performance of its covenants and obligations hereunder, Purchaser may, at its option, terminate this Agreement and receive a refund of the Earnest Money or seek specific performance of this Agreement, without in either case waiving any action for damages resulting from Seller's breach. 19.2 Purchaser's Default/Seller's Remedies. If Purchaser defaults in the observance or performance of its covenants and obligations hereunder, then Seller, as its sole and exclusive remedy, shall (as an election of remedies) receive the Earnest Money from Escrow Agent as liquidated damages. Purchaser and Seller acknowledge the difficulty of ascertaining the actual damages in the event of such default, that it is impossible to more precisely estimate the damages to be suffered by Seller upon such default, that the retention of the Earnest Money by Seller is intended not as a penalty but as full liquidated damages and that such amount constitutes a good faith estimate of the potential damages arising therefrom. Seller's right to so terminate this Agreement and to receive liquidated damages as aforesaid is Seller's sole and exclusive remedy. Seller hereby waives, relinquishesand releases any and all other rights and remedies, including but not limited to: (1) any right to sue Purchaser for damages or to prove that Seller's actual damages exceed the amount which is hereby provided Seller as fully liquidated damages or (2) any other right or remedy which Seller may otherwise have against Purchaser, either at law, or equity or otherwise. SECTION 20: ASSIGNMENT Purchaser may assign its rights under this Agreement. SECTION 21: ESCROW AGENT 21.1 Performance of Duties. Escrow Agent undertakes to perform only such duties as are expressly set forth in this Agreement. Escrow Agent shall not be deemed to have any implied duties or obligations under or related to this Agreement. 21.2 Reliance. Escrow Agent may (i) act in reliance upon any writing or instrument or signature which it, in good faith, believes to be genuine; (u) assume the validity and accuracy of any statement or assertion contained in such a writing or instrument; and (iii) assume that any person purporting to give any writing, notice, advice or instruction's in connection with the provisions of this Agreement has been duly authorized to do so. Escrow Agent shall not be liable 21 in any manner for the sufficiency or corrections as to form, manner of execution, or validity of any instrument deposited in escrow, nor as to the identity, authority, or right of any person executing any instrument; Escrow Agent's dunes under this Agreement are and shall be limited to those duties specifically provided an this Agreement 21.3 Right to Interplead. If the parties (including Escrow Agent) shall be in disagreement about the interpretation of this Agreement, or about their respective rights and obligations, or about the propriety of any action contemplated by Escrow Agent, Escrow Agent may, but shall not be -required to, file an action m into, pleader to resolve the disagreement, upon filing such action, Escrow Agent shall be released from all obligations under this Agreement. 21.4 Attorney's Fees and Costs. inany suit between Purchaser and Seller wherein Escrow Agent is made a party because of acting as Escrow Agent hereunder, or in any suit. wherein Escrow Agent interpleads the subject matter of the Escrow, Escrow Agent shall recover reasonable "attorneys fees and costs •incurred nab the fees and costs to be paid from and out of the escrowed funds or equivalent and charged and awarded' ascourt costs in favor of the prevailing; party. The parties hereby agree,that Escrow'Agent shall` not be liable to any party or person for misdelivery to Purchaser or Seiler, of items subject to this escrow, unless such misdelivery is due to willful breach of this. Agreement or gross negligence of Escrow Agent_ 21.5 Escrow Agent as Counsel for Purchaser.. It is acknowledged that Escrow Agent is counsel for purchaser. It is agreed that Escrow, Agent shalt not be disabled or disqualified from representing Purchaser, its parents, officers, directors or „agents in connection with any dispute or; litigation which, may arise out of or in cortnec k oit-with this -transaction or this Agreement as a result of Escrow Agent acting as the escrow agent under this; Agreement and the Seller, wares any claim or right to assert a conflict arising, out, biller in connection with the foregoing. SECTION 22: GENERAL PROVISIONS 22.1 Entire Agreement. This Agreement, and all the Exhibits referenced herein and annexed hereto, contain the final, complete, entire and sole agreement of the parties hereto with respect to the matters contained herein, and no prior agreement or understanding pertaining to any of the matters connected with this transaction shall be effective for any purpose_ Except as may be otherwise expressly provided herein, the agreements embodied herein may not be amended except by an agreement in writing signed by the parties hereto_ 22.2 Governing Law. This Agreement shall be governed by and construed under the laws of the State of Florida, 22.3 Further Assurances. Seller and Purchaser each agrees to execute and deliver to the other such further documents or instruments as may be reasonable and necessary in furtherance of the performance of the terms, covenants and conditions of this Agreement. This covenant shall survive the Closing. 0 0 22.4 Interpretation. The titles, captions and paragraph headings are inserted for convenience only and are in no way intended to interpret, define, limit to expand the scope or content of this Agreement or any provision hereto. If any party to this Agreement is made up of more than one Person, then all such Persons shall be included jointly and. severally, even though the defined term for such party is used in the singular in this Agreement. This Agreement shall be construed without regard to any presumption or other rule requiring construction against the party causing this Agreement to be drafted. If any words or phrases in this Agreement shall have been stricken out or otherwise eliminated, whether or not any other words of phrases have been added, this Agreement shall be construed as if the words or phrases so stricken out or otherwise eliminated were never included in this Agreement and no implication or inference shall be drawn from the fact that said words or phrases were so stricken out or otherwise eliminated. 22.5 Counterparts. This Agreement may be executed in separate counterparts. It shall be fully executed when each party whose signature is required has signed at least one counterpart even though no one counterpart contains the signatures of all of the parties of this Agreement. Facsimile copies shall be deemed originals. 22.6 Non -waiver. No waiver by Seller or Purchaser of any provision hereof shall be deemed to have been made unless expressed in writing and signed by such party. No delay or omission in the exercise of any right or remedy accruing to Seller or Purchaser upon any breach under this Agreement shall impair such right to remedy or be construed as a waiver of any such breach theretofore or thereafter occurring. The waiver by Seller or Purchaser of any breach of any term, covenant or condition herein stated shall not be deemed to be a waiver of any other breach, or of a subsequent breach of the same or any other tens, covenant or condition herein contained. 22.7 Severability. This Agreement is intended to be performed in accordance with and only to the extent permitted by applicable law. If any provisions of this Agreement or the application thereof to any Person or circumstance shall, for any reason and to any extent, be invalid or unenforceable, but the extent of the invalidity or unenforceability does not destroy the basis of the bargain between the parties as contained herein, the remainder of this Agreement and ' the application of such provision to other Persons or circumstances shall not be affected thereby, but rather shall be enforced to the greatest extent permitted by law. 22.8 Exhibits: The Exhibits referredin and attached to this Agreement are incorporated herein in full by this reference. 22.9 Attorneys' Fees. In the event of any controversy, claim or dispute between the parties arising from or relating to this Agreement (including, but not limited to, the enforcement of any indemnity provisions), the prevailing party shall be entitled to recover reasonable costs, expenses and attorneys' fees incfiding, but not limited to, court costs and other expenses through all appellate levels. 23 22.10 Business Days. If any date provided for in this Agreement shall fall on a day which is not a Business Day, the date provided for shall be deemed to refer to the next Business Day. 22.11. Time is of the Essence. Time is of the essence i. 2212 No Personal Liability of Council Members, Administrative Officials or Representatives of Purchaser. Seller aclaiowledges that this Agreement is entered into by a municipal corporation as Purchaser and Seller agrees no individual council member, administrative official or representative of Purchaser shall have any personal liability under this Agreement or any document executed in connection With the transactions contemplated by this Agreement. 22.13 Effective Date. If this Agreement is not executed by and delivered to all, parties to it on or before July 2, 2002 at 5:00 p.m, this Agreement shall, after that time, be null and void and of no further force and effect and neither party shall have any obligations hereunder. For purposes of' calculation of all time periods within which Seller or Purchaser must act or respond as herein described, all phrases such as "the date of this Agreement", "the date of execution of this Agreement" or any other like phrase refexsring to the date of the Agreement; shall mean and refer to the "Effective Date" of this Agreement:` 22.14 Radon Disclosure. Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient chuantities may present health risks to poisons who are exposed to it over time: Levels of radon that exceed federal; and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your countypublic health unit Pursuant to §404.056(8), Florida Statutes. 2215 Waiver of Trial by Jury. SELLER AND PURCHASER HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE ANY AND ALL RIGHTS TO TRIAL BY JURY IN ANY .AC/ION, SUIT OR COUNTERCLAIM ARISING IN CONNECTION WITH, OUT OF OR OTHERWISE RELATING TO TITS AGREEMENT .AND. ANY OTHER DOCUMENT OR INSTRUMENT NOW OR HEREAFTER EXECUTED AND DELIVERED IN CONNECTION THEREWITH. 22.16 No Negotiation With Other Persons. Seller agrees not to contract to sell or enter into negotiations for the sale of the Property to any person or entity other than Purchaser for so long as this Agreement is in effect. ' 24 IN WITNESS WHEREOF, Seller and Purchaser have caused this Agreement to be executed, as of the day and year first above written. Village Attorney age Clerk Approved as to legal form and sufficiency By: V. F\1030551Purchase and Sale Agreement 6-28-02.doc SELLER: UNITED CAP AL TS, INC., a Florida . o By: Devaney, Presiders Date: June )z? , 2002 PURCHASER: VILLAGE OF KEY BISCAYNE, a Florida mnni t corporat eline Menen tle: Village Manager e: July 1 2002 ESCROW AGENT: Weiss Serota Helfinan Pastoriza & Guedes, P.A. BYfeat:\k, Name: Etct ..e 1.1 -Cc's. Title: ac rtifo Date: -3-0\_vJ\ , -es:011 LIST OF EXHIBITS EXHIBIT "A" - LEGAL DESCRIPTION EXHIBIT "B" - AFFIDAVIT EXHIBIT "C" - INTENTIONALLY LEFT BLANK EXHIBIT "D". -DEED FORM EXHIBIT "E" - INTENTIONALLY LEFT BLANK EXHIBIT "F" - SECTION 1445 CERTIFICATE EXHIBIT "G" - GENERAL ASSIGNMENT EXHIBIT "A" LEGAL DESCRIPTION The following described property, situate, lying and being in Miami -Dade County, State of Florida to wit: A portion of Tract 4 of MATHESON ESTATE, Plat Book 34, Page 34, of the Public Records of Miami -Dade County, Florida, more particularly described as following, to wit: Begin at the Southeast corner of Tract 9 of a Subdivision of a Portion of Matheson Estate, according to the Plat thereof, recorded in Plat Book 46, at Page 86,of the Public Records of Miami -Dade County, Florida; thence run due East along the South boundary line of Tract 7 of aforesaid Plat of Matheson Estate for a distance of 269.45 feet to the point of beginning of the tract of land herein described; thence continue due East along the South line of Tract 7 of the said plat of Matheson Estate for a distance of 145.00 feet to the West right-of-way line of Crandon Boulevard as shown on the Plat of Tropical Isle Homes Subdivision, as recorded in Plat Book 50, at Page 64, of the Public Records of Miami -Dade County, Florida- thence Southwesterly along the West right-of-way line of Crandon Boulevard and along a curve having a radius of 1,266.37 feet through a central angle of 4 degrees 01 minute 43 seconds for an arc distance of 89.04 feet to a point of reverse curve; thence Southwesterly along a circular curve having a radius of 25 feet though a central angle of 76 degrees 34 minutes 00 seconds for an arc distance of 33.41 feet to a point of tangency; thence due West along the North right -of --way line of W. McIntire Street as shown on said Plat of Tropical Isle Homes Subdivision for a distance of 96.97 feet to a point; thence due North for a distance of 105 feet to the point of beginning. EXHIBIT "B" AFFIDAVIT STATE OF FLORIDA ) SS: COUNTY OF MIAMI-DADE BEFORE ME, the undersigned authority, personally appeared the undersigned John D. Devaney (the "Affiant"), who being first duly sworn upon oath, deposes and says: 1. That the Affiant is the President of UNITED CAPITAL MARKETS, INC., a Florida corporation (the "Corporation"). 2. That on June 7, 2002 the Corporation purchased the property legally described in Exhibit "A" attached hereto (the "Property"). from Key Biscayne Island Standard, Inc., a Florida corporation ("Seller"). 3. That the Affiant has personal knowledge of the negotiations which culminated in the Corporation's purchase of -the Property. 4. That the Affiant is the officer of the Corporation with the most knowledge of the negotiations and purchase of the Property. 5. That the Corporation purchased the Property from Seller for the price of $1,565,000 (the "Purchase Price") pursuant to the terms of that certain Commercial Contract entered into between Seller and the Corporation on March 30, 2002, as amended by Amendment to Commercial contract dated April 27, 2002, as fiuther amended by Second Amendment to Commercial Contract dated May 14, 2002, as further amended by Third Amendment to Commercial Contract dated May 2002 (collectively the "Purchase Contract"). 6. That a true and correct copy of the Purchase Contract is attached hereto as Exhibit 7. That Seller and the Corporation are um -elated parties and the purchase of the Property by the Corporation from Seller pursuant to the Purchase Contract was an arms length transaction. 8. That the Purchase Contract represents the final, complete, entire and sole agreement between Seller and the Corporation with respect to the purchase of the Property by the Corporation. FURTHER AFFIANI' SAYETH NAUGHT. JOHN D. DEVANEY SWORN TO AND SUBSCRIBED before me this day of , 2002 by JOHN D. DEVANEY. He (check one) [ ] is, personally known to me or [ ] has produced , as identification. Notary Public, Print Name: My commission expires. [NOTARY SEAL] F:110305549ffidavit- Sale to Devaney 6-28-02 EXHIBIT "A" LEGAL DESCRIPTION The following described property, situate, lying and being in Miami -Dade County, State of Florida to wit: A portion of Tract 4 of MATHESON ESTATE, Plat Book 34, Page 34, of the Public Records of Miami -Dade County,, Florida, more particularly described as following, to wit: Begin at the Southeast comer of Tract 9 of a Subdivision of a Portion of Matheson Estate, according to the Plat thereof, recorded in Plat Book 46, at Page 86,of the Public Records of Miami -Dade County, Florida; thence run due East along the South boundary line of Tract 7 of aforesaid Plat of Matheson Estate for a distance of 269.45 feet to the point of beginning of the tract of land herein described; thence continue due East along the South line of Tract 7 of the said plat of Matheson Estate for a distance of 145.00 feet to the West right-of-way line of Crandon Boulevard as shown on the Plat of Tropical Isle Homes Subdivision, as recorded in Plat Book 50, at Page 64, of the Public Records of Miami -Dade County, Florida; thence Southwesterly along the West right-of-way line of Crandon Boulevard and along a curve having a radius of 1,266.37 feet through a central angle of 4 degrees 01 minute 43 seconds for an arc distance of 89.04 feet to a point of reverse curve; thence Southwesterly along a circular curve having a radius of 25 feet though a central angle of 76 degrees 34 minutes 00 seconds for an arc distance of 33.41 feet to a point of tangency; thence due West along the North right-of-way line of W. McIntire Street as shown on said Plat of Tropical Isle Homes Subdivision for a distance of 96.97 feet to a point; thence due North for a distance of 105 feet to the point of beginning. EXHIBIT "B" PURCHASE CONTRACT a w t w a a Z O H z W EXHIBIT "D" Return to: Elaine M. Cohen, Esq. Weiss Serota Heifman Pastoriza & Guedes, P.A. 2665 South Bayshore Drive, Suite 420 Miami, Florida 33133 This Instrument Prepared by: Elaine M. Cohen, Esq. Weiss Serota Helfman Pastoriza & Guedes, PA. 2665 South Bayshore Drive, . Suite 420 Miami, Florida 33133 Property Appraisers Parcel Identification (Folio) Number(s): 24-4232-001-0050 Grantee(s) S.S. #(s): 65-0236174 WARRANTY DEED STATUTORY F.S. 689.02 (Wherever used herein the terms "first party" and "second party' shall include singular and plural, heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporations, wherever the context so admits or requires,) THIS INDENTURE, Made this day of , 2002, Between UNITED CAPITAL MARKETS, INC., a Florida corporation of the County of Miami -Dade, in the State of Florida, party of the first part, and the Village of Key Biscayne, a Florida municipal corporation, of the County of Miami -Dade, in the State of Florida, whose post office address is 85 West McIntyre Street, Key Biscayne, Florida 33149, party of the second part. Witnesseth, That the said party of the first part, for and in consideration of the sum of Ten (810.00) Dollars, to it in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, have granted, bargained, and sold to the said party of the secondpart, it successors and assigns forever, the following described land, situate, and being in the County of Miami -Dade, State of Florida, to -wit: See Exhibit "A" attached hereto and made a part hereof. Subject to those matters set forth on Exhibit "B" attached hereto. And the. said parties of the first part do hereby fully wan -ant the title to said land, and will defend the same against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, The said party of the first part has executed this instrument the day and year first above written. Signed, sealed and delivered in the presence of t Witness Signature Printed Name Witness Signature Printed Name'. STATE, OF FLORIDA COUNTY OF MIAMI-DADE SS: UNIT1:I) AL TS, INC:, a Florida co .?r.I'oe. By: John evaney, Presi. ent [Corporate Seal] The foregoing instrument was acknowledged before me this day of , 2002 by John D. Devaney, President of United. Capital Markets, Inc_, a Florida corporation, on behalf of the corporation. He is personally known to me or has produced as identification. (signature of person taking acknowledgment) (Name of ackrtowledgertyped, printed or stamped (Title or rank) Serial number, if any EXHIBIT "E" INTENTIONALLY LEFT BLANK EXEIIBIT "F" CERTIFICATION OF NON -FOREIGN STATUS ENTITY TRANSFEROR Section 1445 of the Internal Revenue Code provides that a transferee of a U.S. real property interest must withhold tax if the transferor is a foreign person. To inform the transferee that withholding of tax is not required upon the disposition of a U.S. real property interest by UNITED CAPITAL MARKETS, INC., a Florida corporation ("Transferor"), the undersigned hereby certify the following on behalf of the Transferor named below: 1. The Transferor is not a foreign corporation, foreign partnership, foreign trust, or foreign estate (as those terms are defined in the Internal Revenue Code and Income Tax Regulations); 2. The Transferor's U.S. employer identification number is 3. The Transferor's address is: 772 Ridgewood Road Key Biscayne, Florida 33149 The Transferor understands that this certification may be disclosed to the Internal Revenue Service by transferee and that any false statement contained herein could be punished by fine, imprisouuient, or both. Under penalties of perjury I declare that I have examined this certification and to the best of my knowledge and belief, it is true, correct, and complete, and I further declare that I have authority to sign this document on behalf of the Transferor. TRANSFEROR: John D. Devaney, President Date: EXHIBIT "G" GENERAL ASSIGNMENT THIS GENERAL ASSIGNMENT ("Assignment") is made as of the day of 2002, by UNITED CAPITAL MARKETS, INC., a Florida corporation, whose address is 772 Ridgewood Road, Key Biscayne, Florida 33149 ("Assignor"), in favor of the VILLAGE OF KEY BISCAYNE, a Florida municipal corporation, whose address is 85 West McIntyre Street, Key Biscayne, Florida 33149 ("Assignee"). RECITALS: A. Assignor has this date conveyed to Assignee the real property described on Exhibit "A" located in Miami -Dade County, Florida attached hereto (the "Property"). B. In connection with the conveyance of the Property, Assignor and Assignee intend that, to the extent assignable, all of Assignor's right, title, interest, powers and privileges in and under all intangible personal property, guaranties, warranties, permits, licenses, approvals, certificates and other matters stated herein pertaining to the Property be assigned and transferred to Assignee. NOW THEREFORE, in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Assignor, to the extent assignable, hereby assigns, conveys, transfers and sets over to Assignee the following: 1. All of Assignor's right, title, interest, powers, and privileges in, to and under all of the intangible personal property used in connection with or relating to the ownership, use, development, operation, management, occupancy or maintenance of the Property. 2. All of Assignor's right, title, interest, powers and privileges in and to all consents, notices of completion, environmental and utility permits and approvals authorizations, variances, waivers, licenses, permits, certificates and approvals from any governmental authority or quasi -governmental authority issued or granted with respect to the Property. 3. All of Assignor's right, title, interest, powers and privileges in, to and under all of those existing guaranties, warranties and indemnities from any person, party or entity relating to the Property. 4. All of Assignor's right, title, interest, powers and privileges in and to all public and private contract rights and development or usage rights of Assignor with respect to the Property. To the extent such interests and items are assignable, Assignor has good right, title and authority to assign, convey, transfer and set over to Assignee the interests and items set forth above. IN WITNESS WHEREOF, Assignor has executed this General Assignment as of the date set forth above. Signed, sealed and delivered in the presence of Witness Signature UNITF.f CAPITAL MARKETS, INC a Florida corporation Printed Name Witness Signature` Printed Name STATE OF FLORIDA SS: COUNTY OF MIAMI-DADE By: John D. Devaney, President [Corporate Seal] The foregoing instrument was acknowledged before me this day of , 2002 by John D. Devaney, President of United Capital Markets, Inc., a Florida corporation, on behalf of the corporation. He is personally Down to me or has produced as identification. (signature of person taking acknowledgment) (Name of acknowledger typed, printed or stamped (Title orrank Serial number, if any EXEUNT "A" LEGAL DESCRIPTION AFFIDAVIT STATE OF FLORIDA COUNTY OF MIAMI-DADE ) SS: BEFORE ME, the undersigned authority, personally appeared the undersigned John D. Devaney (the "Affiant"), who being first duly sworn upon oath, deposes and says: 1. That the Affiant is the President ofUJNkl'ED CAPITAL MARKETS, INC., a Florida corporation (the "Corporation"). 2. That on June 7, 2002 the Corporation purchased the property legally described in Exhibit "A" attached hereto (the "Property") from Key Biscayne Island Standard, Inc., a Florida corporation ("Seller"). 3. That the Affiant has personal knowledge of the negotiations which culminated in the Corporation's purchase of the Property. 4. That the Affiant is the officer of the Corporation with the most knowledge of the negotiations and purchase of the Property. 5. That the Corporation purchased the Property from Seller for the price of $1,565,000 (the "Purchase Price") pursuant to the terms of that certain Commercial Contract entered into between Seller and the Corporation on March 30, 2002, as amended by Amendment to Commercial contract dated April 27, 2002, as further amended by Second Amendment to Commercial Contract dated May 14, 2002, as further amended by Third Amendment to Commercial Contract dated May , 2002 (collectively the "Purchase Contract"). 6. That a true and correct copy of the Purchase Contract is attached hereto as Exhibit 7. That Seller and the Corporation are unrelated parties and the purchase of the Property by the Corporation from Seller pursuant to the Purchase Contract was an arms length transaction. 8. That the Purchase Contract represents the final, complete, entire and sole agreement between Seller and the Corporation with respect to the purchase of the Property by the Corporation. FURTHER AFFIANT SAYETH NAUGHT. OHN D. DEVANEY SWORN TO AND SUBSCRIBED before me this S%% day of /C_ 2002 by JOHN D. DEVANEY. He (check one) is personally known to me or [ ] has produced as identification. OFFICIAL NOTARY SEAL CONCHITA II ALVAREZ NOTARY PUBLIC STATE OF FLORIDA COMMISSION NO. CC975183 MY COMMISSION EXP. NOV. 142004 [NOTARY SEAL] F:\I03055\Affidavit- Sale to Devaney.6-28-02 My commission expires: EXHIBIT "A" LEGAL DESCRIPTION The following described property, situate, lying and being in Miami -Dade County, State ofFlorida to wit: A portion of Tract 4 of MATFIESON ESTATE, Plat Book 34, Page 34; of the Public Records of Miami -Dade County, Florida, more particularly described as following, to wit: Begin at the Southeast corner of Tract 9 ofa Subdivision ofaPortion ofMatheson Estate, according to the Plat thereof, recorded in Plat Book 46, at Page 86,of the Public Records of Miami -Dade County, Florida; thence run due East along the South boundary line of Tract 7 of aforesaid Plat of Matheson Estate for a distance of 269.45 feet to the point of beginning of the. tract of land herein described; thence continue due East along the South line of Tract 7 of the said plat of Matheson Estate for a distance of 145.00 feet to the West right-of-way line of Crandon Boulevard as shown on the Plat of Tropical Isle Homes Subdivision, as recorded in Plat Book 50, at Page 64, of the Public Records of Miami Dade County, Florida; thence Southwesterly along the West right-of-way line of Crandon Boulevard and along a curve having a radius of 1,26637 feet through a central angle of 4 degrees 01 mimtte 43 secohds for an arc distance of 89.04 feet to a point of reverse curve; thence Southwesterly along a circular curve having a radius of 25 feet though a central angle of 76 degrees 34 minutes 00 seconds for an arc distance of 33.41 feet to apoint of tangency; thence dneWest along the North right-of-way line of W. McIntire Street as shown on said Plat of Tropical Isle Homes Subdivision for a distance of 96.97 feet to apoint thence due North for a distance of 105 feet to the point of beginning. EXIJBIT "B" PURCHASE CONTRACT Commercial Contract !LOJNMIll internal bnd Realty FLORIDA ASSOCIATION OF REALTORS® j !2a 'i1 /24, t Ct1*14 Vit7t.-47C f G. flip -as$,.4i 1` !. PURCHASE AND SALE: / /C 2* agrees to buy and te7 & t a? e.t - =s to 55-✓! / ...4-7....,__ ("Seller) 3* agrees to sell the property described as: Street Address: -r30 Ctra.`%o � Set/ a 1/4,4.'01 4* /Lty lirsca7ne ,, FL 33/'f9 5" Legal Description: 5 / _( "{L /'t..}2yea ES-ita-lc P8 31 TO fort" eie T/L y Dilt ggg se zb9,IfrFri elf JS nit T2. 3- Pe 4i" -fl 711 Eilifr S' -'+-Y 4c4 v RH, ay ,.v0 4rsc 03sr n s "' tn.4rfilsr $ /f r and the following Personal Property: 8" 9 (all collectively referred to as the"Property") onthe terms and conditions set forth below: The "Effective Date" of this Contract is 10 the date on which the lastof the Parties signs the iatestoffer. Time's of the essence in this Contract. Time periods of 5 11 days or less will be computed without including Saturday, Sunday, or national legal holidays and any time period ending on a 12 Saturday, Sunday or national legal holiday will be extended until 5:00 p.m. of the next business day_ 13` 2. PURCHASE PRICE �,t C $ C/ S6?ODO,r: 14* (a) Deposit held in escrow by �f -1 /er-Sit i S'` r'L.� $ /S MO . DD / 15* (b) Additional deposit to be made within i days from Effective Date $ ( Sete©. AO 16* {c) Total mortgages (as referenced in Paragraph 3) 3 17" (d) Other: $ 18' (e) Balance to close, subject to adjustments and proration, to be made with cash, locally drawn S ekef 4 19 certified or cashier's check or wire transfer_ 20" 3. THRD PARTY FINANCING Within 3. --days from Effective Date {"Application Period"), Buyer will, at Buyer's expense, apply for Da 21` third party financing in the amount of $ or s %ofthepurchasepriestobeamortizedovera period of lr 22* years and due in no lessthanle %r years andwith a fixed interest rate not to exceed 0 % per year or variable interest rate not 23* to exceed 0 o % at origination with a lifetime cap not to exceed IL % from initial rate, with additional terms as follows: 24* 25 Buyer will pay for the mortgagee title insurance policy and for all loan expenses. Buyer will timely provide any and all credit, 26 employment, financial and other information reasonably required by any lender. Buyerwill notify Selleritrwriediately upon obtaining 27" financing or being rejected by a lender. if Buyer, after diligent effort, fails to obtain a written commitment within 21 days from 28 Effective Date )"Financing Period'), Buyer may cancelthe Contract by giving prompt notice to Seller and Buyer's deposit(s) will be 29 returned 3 Buyer jq accordance with Paragraph9. 30' Buyer and Seller ( I( ) acknowledge receipt of a copy of this page, which is page 1 of 5 Pages. CG2. ©1997 Florida Association of REALTORSS - Alt Rights Reserved 32", Li tether , nec 01 UC1IJ, CdJC111C111.J WSJ G?but ltan alnico an -141NV an ,.,,vv, ,v 33 but aubject to property taxes for the year of closing; covenants, restrictions and public utility easements of record; and (list any 34* other matters to which title will be subject) 35` X36' provided there exists at close no viotatiopof thg foregoing and nova of them prevents Buyer's intended use of the Property as 3r i .e �,si , runef...wtr-e.:. / l+s 38* (a) Evidence ofTitte:Sellerwill, at (check one) E4eller's ❑ Buyer's expense and within days from Effective Date 39' ❑ prior to Closing Date 0 from date Buyer meets or waives financing contingency in Paragraph 3, deliver to Buyer (check one) 40* 0 a title insurance commitment by a Florida licensed title insurer and, upon Buyer recording the deed, an owner's policy in 41 the amount of the purchase price for fee simple title subject only to exceptions stated above_ 42' R -all abstract of title, prepared or brought current by an existing abstract firm or certified as correct by an existing firm_ 43 However,if such an abstract is not available to Seller,then a prior owner's title policy acceptable to the proposed insurer as 44 a base for reissuance of coverage. The prior policy will include copies of all policy exceptions and an update in a format 45 acceptabietoBuyerfrornthe policy effective date and certified to Buyer or Buyer's closing agent together with copies of all 46 documents recited in the prior policy and in the update. 47 (b) Title Examination: Buyer will, within 15 days from receipt of the evidence of title deriver written notice to Seller of title 48 defects_ Title will be deemed acceptable to Buyer ifi1)Buyerfails to deliver proper notice of defects or (2)Buyer delivers proper 49* written notice andSellercures the defects within 50 days from receipt of the notice ('Curative Period'). tithe defects are 50 cured within the Curative Periods closing will occur within 10 days from receipt by Buyer of notice of such curing. Seiler may 51 elect not to cure defects if Seller reasonably believes any defect cannot be cured within the Curative Period tithe defects are 52 not cured within the Curative Period, Buyer will have 10 days from receipt of notice of Seller's inability to cure the defects to 53 elect whether toterminatethisContract oraccepttitlesubject to existing defects and close the transaction without reduction in 54 purchase price. The party who pays for the evidence of title will also pay related title service fees including title and abstract 55 charges and title examination. • 56 (c) Survey: (check applicable provisions below) - 57* (? Seller wii, within _days from Effective Date, deliver to Buyer copies of prior surveys, plans, specifications, and 58' engineering documents, if any, and the follovwhng documents relevant to this transaction: , prepared for Seller or in Seder's 9-2/30 possession, which show all currently existing structures. 61' Guyer will, at 0 Seller's Q'guyers expense and within the time perlod allowed to deliver and examine title evidence, 62 obtain a current certified survey of the Property from a registered surveyor. if the survey reveals encroachments an the 63* Property or that the improvements encroach on the lands of another, 0 Buyer win accept the Property with existing S4* encroachments l such encroachments wilt constitute a title defect to be cured within the Curative Period. 65 (d) Ingress and Egress: Seiler warrants that the Property presently has ingress and egress. 66 (e) Possession: Seller will deliver possession and keys for alt locks and alarms to Buyer at closing. 67* 5. CLOSING DATE AND PROCEDURE: This transaction will be closed in 1D4A County, Florida on ;68* or before the or within TD days from Effective Date ("Closing Date"), unless otherwise extended 69* herein. 0 Seiler 2'f�uyer will designate thectosingagent. Buyer andSelierwiil, Within C days fromEffectiveDate, deliverto 70 EscrowAgent signed instructions which prwidefor closing procedure. If an institutional lender is providing purchase funds, lender 71 requirements as to place, time of day, and closing procedures will control over any contrary provisions in this Contract. i 72 (a) Costs: BuyervMl paytaxes and recordingfees on notes, mortgages and financing statements and recording fees for the deed. x73 Sellerwdl pay taxes onthe deed and recording fees for documents needed to cure titledefects_If Seller is obligated to discharge 74 any encumbrance at or prior to closing and fails to do so, Buyer may use purchase proceeds to satisfy the encumbrances. 75 (b) Documents: Seller we provide the deed, bid of sale, mechanic's lien affidavit, assignments of leasea updated rent roul, 116 tenant and lender estoppel letters, assignments of permits and licenses, corrective instruments and letters notifying tenants of ' ,77 the change in ownership/rental agent 11 any tenant refuses to execute an estoppel letter, Seller wll certify that information 78 regarding the tenants lease is correct. If Seller is a corporation, Seller wit deliver a resolution of its Board of Directors ,79 aut orizingthesaleanddeliveryofthedeedandcertificationbythecorporateSerxetarycertifyingtheresolutionandsettingforth 80 facts slowing the conveyance conforms with the requirements of localtaww Sellerwiiltransfersecuritydepositsto Buyer Buyer 81 will prwiJhecirgjjrg statement, mortgages and notes, security agreements and financing statements.' Buyer'(,) ( ) and Seller ( 1( ) acknowledge receipt of a copy of this page, which is page 2 of 5 Pages. . Cat =Stec taxes, wtry anti Caacabrr MKaa payuictraa aaa unrw -uy curer, :ice, cat, 85" rents, association dues, insurance premiums acceptable to Buyer, operational expenses and 86 if the amount of taxes and assessments forthe current year cannot be ascertained, rates forthe previous yearwili bemused with due 87 allowance being made for Improvements and exemptions. Seller is aware of the following assessments affecting or poterily 88" affecting the Property: 89 Buyer will be responsible for all assessments of any kind which become due and owing on or after Effective Date, unless the 90 ' improvement issubsta'ntiially completed as of Closing Date, in Mitch case Seiler will be obligated to pay the entire assessment. 91 (d)IFIRPTA Tarr. Withholding: The Foreigninvestment in Real Property Act CI-IRPI oA") require; Buyer to withhold 'at closing a 92 portion of the purchase proceeds for remission, to the internal Revenue ServicerifS.")itSelteris a "foreign person" as defined 93 by the InternatRevenue Code. The; parties agree to comply with the provisions of FiRPTA and to provide, atCr prior to closing, 94 appropriatedocumentatlon to. establish. any applicable, exemption from the withholding requirement. If withholding is required 95 and Buyer does, not have ,cash,sufficient at closing, to meet the withhokling.reguirement, Seller wib provide the necessary funds 96 and Buyer will provide,proof to; Seller that suchfunds, Were,property`remitted.t'a"the 97" 6. ESCROW: Buyer and Seller aithorjze ,4CLyrr f i++� s a 98" Telephone: 3er 'i8' 3100 Facsimile Mldresst, 99` to act as "Escrow Agent" 100"to receive funds and other 'terns and, subject to clearance, disburse them in accordance with the terms of this Contract_ Escrow 101"Agent will deposit all funds received in B anon -interest bearing escrow account E1 an interest bearing escrow account with 1a2"in terest accruing to with interest disbursed (check one) CI at, closing ff 103'L7 at intervals. If Escrow Agent receives conf lcting demand or has a good faith doubtas to Escrow t04 Agent's duties'ar liabilities under this Contract, hee may (a) hold the subjectmatter of the escrow until the parties mutually 105 agree'to its disbursement or until issuance of a court order or decision of arbitrator determining the parties' rights regarding the 106 eserowor(b)depositthesubject matter oftheescrow with the clerk of the circuit court having jurisdiction over the dispute_ Upon 107 notifying the parties of such action; Escrow Agent will be released from all liability except for the duty to account for items 108 previouslydelluered out of escrow.If a licensed real estate broker, Escrow Agent will compty with applicable provisions of,Chapter 109 475, Florida Statutes. In any suit or arbitration in which Escrow Agent is made a party because of acting as agent hereunder or 110 intetpleads the subject matter of the escrow, Escrow Agent wid recover reasonable attorneys' fees and costs at aft- Iet;els; with 111 such fees and costs to' be paid from the escrowed funds or equivalentand charged and awarded es court or other costs, in favor 112 of theprevailingparty_?he parries agree that Escrow Agent will pot be liable to any person for misdelivery to Buyer or Seiler of 113 escrowed items, unless the misdeltvery is due to.Escrow Agent. willful breach of this Contract or gross negligence. 114 7. PROPERTY CONDITION: Seller will _deliver the Property to Buyer at the time,agreed In its present "as is" condition, ry 115 .w ear and tear excepted, and will maintain the landscaping and grounds' in a comparable condition. Seller makes no warranties 116 other than marketability of title. BY accepting the Property as is," Buyer waives all claims againstSeller fir any defects in the 117 property_ (Check (a) or (b)) 118"0 (a) As Is: Buyer has inspected the Property .or waives any right to inspect and accepts the Pt uwt ty in its as is" condition. 119"C3 -(b) Due Diligence Period: Buyerw ill, at Buyer's expense and within 3'O days from Effective Date ("Due Diligence Period"), 120 determine whether the Property is suitable, in Buyer's sole and absolute discretion, for Buyer's intended useand development of 121 the property as specified in Paragraph 4. During the Due Diligence Period, Buyer may conduct any tests, analyses, surveys and 122 investigations (Inspections" wttrich Buyer deems necessary to determine to Buyer'a Satisfaction the Property's engineering, 123 arrchitectural, environmental properties; zoning and zoning restrirctiions;,flood zone designation and restrictions; subdivision 124 ,regulations: so landgrade;availability of access topubiic roads,waterra and other utilities; consistencywiEh iota} 'state and regional 125., grow'himanagementandcomprehensivelanduseplans; avaitabilityofpermits,governmentapprovals and licensee comptiance with 126 Aznencanw4th Disabilities Act; atsenceofasbestos,soilandground `waterco star fir aticie and other inspectlons�'thatBuyer deeiris 127 apprroprlatetodeterminethesuitabildyofthePropertyforBayer'sinterjdeduseand development. Buyer 'shall defies written notice 128 to Seiler priorto the expiration ofthe Due Diligence Period of Buyer's determination ofwM>ath i or not 'the Property is acc�aE + 129 Buyer's failuretocomplywith this, notice requirement shall constitute acceptance of the Property in its present "as is" condtion. 130 Seller grants toBuyer, itsagents, contractors and assigns; th .. a to enter Vie Property'' at any tithe durxg ttte.DuerDilgence 131 Period for the purpose of conducting inspectionsprovided,' however, that Ba its''egents contractors and`assigns tenter the 132 Property and conduct lnspectionsattheirownrisk. Buyer shall indemnityand rhod'S`elterliai"miess from IOSSeel dames„costs, 133 ciairns andexpenses,oianynature,lnciudingattorneys'feesataltl , ,andfrom iebiiitytoanyperson, arising from the conduct of '134 any and all inspections oranyw orkauttiorized by Buyer.,Buyerwill not, eirq je in any acttvfty that could result in a 4iechanic's lien 135 being filed against the Property wihoutSeller's prior written pontrenOTfh there f #tits transaction does notcue (1) Beyer stall 136 repairelfgarnageStothePropedyresultingfromthektspectionsandz the Propel* tothecordttionitwasinprbtto Conduct,01 137 the Inspections, and (2) Buyershall, atBuyers expense, release% filer a r"cps rand'other work'generatetf las' aresult of e 138 inspections_ Should,Buyer deliver timely notice that the ,Property I lac'cep'faille 'Selferi'agre'es that Bayer's`d sf shall be 139 imrtiediat eturrned to Buyer and the;Corrtrxf'termrnafeu. i( ): and. Seller ( ) ( ) acknowledge receipt of a copy of this page, which is page; 3 of5 Pages. 1-tc Wwuta a 1/1141 waOl-.11104.14111 Ir1bpaillUti ui 1110 rrupellr iV uetez 11u11C uulrip.rdrlce wlul anti paraglapn arx] to ensure inai an 143 Property is on the premises. 144 (d) Disclosures: 145 1, Ration Gas: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient 146 quantities, may present health riskstopersons who are exposed to It over time. Levels of radon that exceed federal and state 147 guidelines have been found in buildings in Florida Additional information regarding radon and radon testing may be obtained 148 from your county public health unit' 149 2. Energy Efficiency: Buyer may have determined the energy efficiency rating of the building, if any is located on the Real 150 Property. 151 8, OPERATION OF PROPERTY DURING CONTRACT PERIOD: Seller will continue to operate the Property and any business 152 conducted on the Property in the manner operated prior to Contract and wit take no action that would adversely impact the e_153 Property, tenants, ;enders or business, if any. Any changes, such as renting vacant space, that materially affect the Property or 154`Buyer's intended use of the Property will be permitted LE7ony with Buyer's consent S,••l r..'ee .r .*4t nef le t' t4J6n4i/ G/.r 155 9, RETURN OF DEPOSIT: Unless othef +.( wise specified in the Contract in the event any condition of this Contract is not met and 156 Buyer has timely given any required notice regarding the condition having not been met, Buyer's deposit will be returned in 157 accordance with applicable Florida laws and regulations. 158 10. DEFAULT: 159 (a) In the event the sale is not closed due to any default or failure on the part of Seller other than failure to make the title 160 marketable after diligent effort, Buyer may either (1) receive a refund of Buyers deposit(s) or (2) seek specific performance. If 161 Buyer elects a deposit refund, Seller will be liable to Broker for the full amount of the brokerage fee. 162 (b) Intheeventthesaleis not closed due to any default or failure on the part of Buyer, Seller may either (1) retain all deposit(s) 163 paid or agreed to be paid by Buyer as agreed upon liquidateddamages, consideration for the executionofthis Contract and in 164 full settlement of any claims, upon which this Contract will terminate or (2) seek specific performance. If Seller retains the 165 deposit, Sellerwilpaythe Listing and Cooperating Brokers named in Paragraph 12 fifty percent of alt forfeited deposits retained 166 by Seiler (to be split equally among the Brokers) up to the full amount of the brokerage fee. 167 11. ATTORNEY'S FEES AND COSTS: In any claim or controversy arising out of or relating to this Contract, the prevailing party, 168 which for purposes of this provision will include Buyer, SellerandBroker, will be awarded reasonable attorneys fees, costs and 169 expenses_ 170 12. BROKERS: Neither Buyer nor Seller has utilized the services of, or for any other reason owes compensation to, a licensed 171 real estate Broker other than: r 172* (a) Listing Broker: otT' 4 �. �cwl10 is i 173' who is 0 an agent of g4 transaction broker 0 a nonrepresentative 174* and who will be compensated by atelier 0 Buyer 0 both parties pursuant to Dilisting agreement 0 other (specify) 1175" t 176` t1T 178 (b) Cooperating Broker 179` who is an agent of ❑ a transaction broker ❑ a nonrepresentative 180* andwhowil becompensated by 0 Buyer 0 Seiler 0 both parties pursuant to n an MLS or other offer of compensation to a 181' cooperating broker 0 other (specify) 182" 183` 184* 185 (collectively referred to as "Broker") in connection with any act relating to the Property, including but not limited to inquiries, 1 186 introductions, consultations and negotiations resulting in this transaction. Seiler and Buyer agree to indemnify and hold Broker 187 harmless from and against losses, damages, costs and expenses of any kind, including reasonable attorneys' fees at all levels, and 188 from lability to any person, arising from (1)compensationclaimed which is ine,onsistentwiththe representation in this Paragraph, (2) 189 enforcethent actionto collect a brokerage fee pursuantto Paragraph 10, (3)any duty accepted by Broker at the request of Buyer or 190 Seller which duty is beyond the scope of services regulated by Chapter 475, FS., as amended, or (4) recommendations of or services 191 provided and expenses incurredby anythird partywhom Broker refers, recommends or retains for or on behalf of Buyer orSeller. 192.13. GNABILITY; PERSONS BOUND: This Contract may be assigned to a related entity, and otherwise 0 is not assignable 193' is assignable. The terms "Buyer," "Setter' and "Broker" may besingular orpluraL This Contract is binding upon Buyer, Seller 194 and their heirrt, personal representatives, successors and assigns (if assignment is permitted). ( )and Seller ( ) ( ) acknowledge receipt of a copy of this page, which Is page 4 of 5 Pages. ,Jl 'J rU M,UGUJ„ ,ay 198' Section 1031 Exchange Li Coastal Construction Control' ine' .0 Other 999' 0 Property inspection and Repair 0 Hood Area Hazard Zone 0 Other 200" 0 Seller Representations 0 Seller Financing O Other 201 15- MISCELLANEOUS: The terms of this Contract constitute the entire agreement between Buyer and Seller- Moditicatii 202 this Contract will not be binding unless in writing, signed and delivered by the party to be bound. Signatures, initials, docu 203 referenced In this Contract, counterparts and written modifications communicated electronically a on paper will be acceptable for 204 all purposes,' including delivery, and will be binding- Handwritienortypewritten terms inserted in or attached to this Contract prevail 205 over preprinted 'terms. Warty provision of this Contract is or beComes Invalidor unenforceable, allremainidgprovisions will continue 206 to befullyeffective. This ContractvAll be construed under Florida lawand vidli not be recorded in any public- records. Delivery of any 207 written notice to any party's agent will be deemed delivery to that party - 208 THIS IS INTENDED. TO; BE A LEGALLY BI NDING,CONTRACT. IF NOT FULLY UNDERSTOOD, SEEK THE ADVICE OF AN ATTORNEY 209 PRIOR TO SIGNING. BROKER ADVISES BUYER AND, SELLER TO VERIFY ALL FACTS AND REPRESENTATIONS THAT ARE 210 IMPORTANT. TO THEM AND TO CONSULT AN APPROPRIATE, PROFESSIONAL FOR LEGAL ADVICE ,(FOR EXAMPLE, 211 INTERPRET( CONTRACTS DETERRIMNG THE EFFECT OF 'LAWS, ON THE PROPERTY AND 'TRANSACTION, STATUS OF 212 1TTLE, FOREIGN iNVESTOR REPORi1NG $EQUiREMENTS, ETC.) AND FOR TAX PROPERTY CONDITION ENVIRONMENTAL AND 213 OTHER SPECIAL 17 D ADvIca BUYER THAT BRDKER:DOES NOT OCCUPY THE PROPERTY. AND THAT ALL 214 REPRESENTATIONS (ORAL, WRITTEN OR OTHERWISE) BY BROKER ARE BASED ON SELLERREPRESF_NTATIONS ORPUBt1C 215 RECORDS UNLESS, BR:OIO R:INDICA1ES. PERSipNAG VERIFICAlIoN.,OF TILE-.REPRESENT'ATION. BUYER AGREES TO: RELY 2/8 SOLELY ON SELLER, PROFESSIONAL JNSPECiORS.AND GOVERNMENTAL AGENCIES FOR VERIFICATION OF' THE PROPERTY 217 CONDITION, SQUARE FOOTAGE Ai D FACTS TFIAT MATERIALLY AFFECT PROPERTY VALUE.' ' 21r DEPT lT' T: Deposit of! { f O0 c . oo b3 D' chew., ❑ other received on 299' C 17& 't prk 220 ' k" Signature ottscrowAgent 221 OFFER: Buyer offers to purchasethe Property on the above terms and conditions- Unless acceptance 222•signed copy derntered to Buyer or Buyer's agent no later than t LIAO 0 a.m. 0 p.m on 223 Buyer may revoke this offer and receivel a refund, oo�f alt�r1ddeposits-1 • � 224'Date: a•c;• BUY (2-i- 'e i P-4...% £s7Tr+{ Vrxfar7s J „y�.c . 2t 225' Tdle:P1esi%,hi` Telephone: 3Or3d.T 21Lt Facsimi 226" Address: -71'2 11-44 f.e.,.1aii 2.t leek 8+9r.r.e • Ft. 33IY'j ?27fDate: A BUYER Tax ID No - 228` Title - 229* Address:. Telephone: Facsimile: 230'ACCEPTANCE Seileraccepts Buyer's offer and agrees to sell the Property on the above terms and cond subject to the 231 apav3 d counter offerk y � p 3:11k.4 {tLL 232`bile: : 7 'SELLER F 7 &s car L. s lk- 4 �f" lrft ask* it -14447 F. 6rem 233' Title: 234• Address rip Cr-..ts., g}.it. K+-? #;s(•7 .e J .FL 331`f9 235`Date: SELLER Tax ID No: Telephone: Facsimile: 236`. tin Title: Telephone: Facsimile: 237" 11171 / Address: 23a. Buyer r ( } and Seiler( ) ( ) acknowledge receipt of a, copy of (has page, whk:h is page 5 et 5 Pages' TheFloc Association of REALTORS makes no representation as to the legal validity or adequacy of any provision of this form in any specific transact• This standardizedform shouldnot be used in complex transactions or with extensive ridersor additions- This form is available for use by the entire real estate Industry and is not intended to, identify the user as a REALTOR. REALTOR is a registered collective membership mark which ,may be used only by real estate licensees who are members of the NATIONAL ASSOCIATION OF REALTORS and who subscribe to its Code of Ethics. The copyright laws of the United States (17 U.S. Code) forbid the unauthorized reproduction of this form by anymeans including facsimile or computerized forms: CC -2 01927 Florida Association of REALTORS® All Rights Reserved This form is Incensed for use with t. .raedbtor' Fonns Software 800334.1027 0 }4D_2i9 902 Sa26/2 B8:83 30544S3 i ' 614 Amendment 10 f.t- \ f,=.i..L. 5 mIS AMENDMENT is made a part of that certain commercial - contract roads by and KEY eYSCAYN ISLAND STANDARD, IRC . a Florida 70 UNITED po�AT£ r ItUC,, a Florida corporation (hereinafter car ration thereinafter referrer) to as the "seller"), an VENTUR.S, referred to as the "Buyer"}- w I T b E 5 5 E T H 47HENEAs, seller and Buyer have executed a certain Commercial contract with an Effective Date of March 30, 2002(hereinefter referred to as the "contract") with respect to certain property located in Miami -Dade County, Florida (hereinafter referred to as the "Property"); and. eased WBEFEF:5, seller and Buyer desire to further supplement. and modify certain terms end conditions of the Contra. the mutual seined herein, the parties hereto ,E�V}RE, for and ii consideration of prordse5 and covenants con mutually agree as follows: The foregoing recitals are true and correct and 1" incorporated poputed herein by this reference, All meaning aaic lizd tterms not defined herein shall have. the same them in the contract. 2. �` The parties do hereby agree to the following extensions under the Gontsaot: extended an additional X. Financing period is hereby siataen (16) days, such that the same will expire at the end of the day on May 14. 2002' extended art additionalfif . (15) days such that the Sans will expire at the g_ the Due Diligence Period is hereby end of on May 14, 2002. The o£ the day extended an additional twenty C. The G22)da Date 21,her2002. tmo {2z)�ys to May r veral u2tlt n . This Amendment may be signed in ;e and 3• ^" each of which shall be deemed an axigr alt of which, ether, shall be deemed to COnstituce a all of which, taken together, agreement. p . in the event that any of the tee and Bondition.7. of ia Amendment shall conflict with or in any way contradict ® Contract, it is agreed 4e provisions as contained in the tout Page iof 2 lelIdt/O 631IN1 ..nn/ _QJ.I. t TRS) 8ZLZSSEGOC ,Fl twe3ca2J5 eta h5Lb9 Z08ZILZ/CO,";z 04,24,Z02a2 00'93 *JS4469286 a 3a576506i4 ►a_219 ®3 between the panics that the terms at this Amendment shall supersede and control es between the provLSIons of the Contact, end this Amendment. fl_t2f/cATZON, Other than as specifically amended and modified herein, the terms of the. Contract shall remain in full force and effect. T21 WITNESS 1411E4E01. the parties hereto have executed this At ndRent 'or ,the a^ day of April,. 2002 as to 9uyer and on the Z}'• ; day :of7arli, 2002 as, to teller. BUYAA: UNTitO. tSThTE VENTURES,. ZNCs at rids corporation SELLER- NC-, F4� fri US a co D S floc Page 2 of 2 • to Mvd n WiIdva e3iIMi 1:IIDL-8LL f'MS) Rutted eLeaeSESea 000./0 341 06.69. ZeeZlLLJo9 'so rsa zo ea -+a& Play `14 O2 07:41a Sandy and Bill Earle 3053610799 p_2 Hey 14 112 (Inaba sandy and aria eerie 05,13,200) " 10.% 36544692% 4(30536506-179 SECOND 111Q.t1iT TO CONSERCZAI. CWtmRACT ouaJOI V+vO. p.c NO. 468 002 THIS SECOND AMENDMENT is made a part of that certain Commercial Contract made by and REY BISCAYNE ISLAND -STANDARD, INC.. a Florida corporation (hereinafter referred to as the "Seller"), and UNITED REAL ESTATE VENTURES, INC_, a Florida coiputation (hereinafter referred to as the "Boyer'). WITNESSETII WHEREAS, Seller and Boyar have executed a certain Commercial Contract with an Effective Date of March 30, 2002 aS amended by Amendment thereto date April 27, 2002{hereinafter collectively referred to as the "Contract"-) with respect to certain property Ideated in Miami -Dade County, Florida 'hereinafter referred to as the "Property"): and WHEREAS,. Seller and Buyer desire to further supplement, amend and modify Certain terms and conditions of the Contract. Now.-: THEREFORE, for and in consideration of the mutual. promises and. covenants contained herein. the parties hereto mutually agree as follows: a. BBETTAL5 The foregoing recitals are true and correct and incorporated herein by this reference. All capitalized terms not defined herein shall have the same meaning ascribed to them it the Contract. 2- trrwsT0NS. The parties do hereby agree to the following extensions under the Contract; A. The rinancing Period is hereby extended an additional seven {7) days, such that the same will expire at the end of the day on May 21, 2002. R. The Due Diligence Period is hereby extended an additional seven(?) days such that the same will expire at the end of the day on May 21, 2002_ C. The Closing Date is hereby extended an additional seven (7)days to May 2e. 2002. 3_ COUNTERPARTS. This Amendment nay be signed in several - counterparts, each of which shall be deemed an original and all of which, taken together, shall be deemed to constitute a single agreement. 4. CONFLICT. In the event that any of the terms and conditions of this Amendment shall conflict withorin any way contradict psge1of2 Fixme3 ooaag ay1 etE:00 20 bI ReW May 14 02 07.44a. Sand and Rill Earle P.3 9513/ B2 I0:56 3$4469206 f0S,r•••14... Y�J 'O. 46B L93 the provisions as contained in the Contract, it i3 agreed between the parties that the terns at this Amendment shall supersede and control as between the provisions of the • Contract, and this Amendment_ 5_ RATIFICATION. Other than as.. specifically amended and modified herein, the terms of she Contract shall remain in full force and effect. LN W1fNESS the parties hereto have executed this Amendment an the I57 day. of May, 2002 as to Buyer and on the I' day of Miry, 2002 as to seller.,.. .. r\bstx W.+wgR.0 *00L-9Lt(19S) BUYER UNITED REAL ESTATE, VENTURES, INC_ jp jerida corporation SELLER` KEY BI•SCAYNE ISLAND; STANDARD, INC_, a Florida c on' /yr d Page 2 of 2 Rirwea ooa49 e.41 eRE:80 20 RI ReW " 0521ia&2 08;56 3854469206 3 3053652743 N6.562 P02 9 THIRD AMENDMENT TO COMMERCIAL CONTRACT THIS THIRD AMENDMENT is made a part of that certain Commercial Contract made by and KEY BISCAYNE ISLAND STANDARD, INC., a Florida corporation (hereinafter referred to as the "Seller"), and UNITED REAL ESTATE VENTURES, INC., a Florida corporation (hereinafter referred to as the "Buyer"). WITNESSETH WHEREAS, Seller and Buyer have executed a certain Commercial Contract with an Effective Date of March 30, 2002, as amended by Amendment thereto date April 27, 2002, and Second Amendment dated May 14, 2002{hereinafter collectively referred to as the "Contract") with respect to certain property located in Miami -Dade County, Florida {hereinafter referred to as the "Property"); and WHEREAS, Seller and Buyerdesire to further supplement, amend and modify certain terms and conditions of the Contract. NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein, the parties hereto mutually agree as follows: 1. RECITALS. The foregoing" recitals are true and correct and incorporated herein by this reference. All capitalized terms not defined herein shall have the same meaning ascribed to them in the Contract. 2. EXTENSIONS. The parties do hereby agree to the following extensions under the Contract: A. The Financing Period is hereby .extended an additional seven (7) days, such that the same will expire at the end of the day on May 28, 2002. B. The Closing Date is hereby extended an additional seven (7)days to June 4, 2002. 3. COUNTERPARTS. This Amendment may be signed in several counterparts, each of which shall be deemed an original and all of which, taken together, shall be deemed to constitute a single agreement. 4. CONFLICT. In the event that any of the terms and conditions of this Amendment shall conflict with or -in any way contradict the provisions as contained in the Contract, it is agreed between the parties that the terms of this Amendment shall supersede and control as -between the provisions of .the Page ,l of 2 05. /2092 08:56 3054469206.3.3053652728-_:.. NU.562 003.. Contract, and this Amendment. 5. RATIFICATION. Other than as specifically amended and modified herein, the terms of the Contract shall remain in full force and effect: IN WITNESS, WHEREOF, the, parties hereto have executed this Amendment an the day,pf May, 2002 as to Buyer, and on the day of May, 2002 as4 toSeller. LweerctrwnplWvCWPW37&fTam ndn m3.wpd UNITED REAL ESTATE VENTURES, INCt, a Florida corporation By ItS:._r.. SELLER: KEY BISCAYNE ISLAND STANDARD, INC., a Florida corporation By: Its: Page 2 of 2 RESOLUTION NO. 2002-25 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, PROVIDING NOTICE OF THE VILLAGE'S INTENT TO ACQUIRE A 12,705 SQUARE FOOT PARCEL BY VOLUNTARY CONVEYANCE OR EMINENT DOMAIN; FINDING THAT THE PARCEL IS WITHIN A CENTRALLY LOCATED AREA THAT WILL FEATURE THE VILLAGE CIVIC CENTER; FINDING THAT THE PARCEL IS AN ESSENTIAL COMPONENT OF THE VILLAGE'S CIVIC CENTER PLAN; AUTHORIZING THE VILLAGE MANAGER AND VILLAGE ATTORNEY TO RETAIN A REAL ESTATE APPRAISER; DIRECTING THE VILLAGE MANAGER AND VILLAGE ATTORNEY TO COMMENCE NEGOTIATIONS WITH THE CURRENT OWNER PURSUANT TO SECTION 73.015, FLORIDA STATUTES; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, a 12,705 square foot parcel of private property located at 530 Crandon Boulevard is immediately adjacent to other Village owned property upon which the Village Civic Center will be constructed; and WHEREAS, the parcel described herein is part of an area centrally located within the Village that will feature the Village Civic Center in a pedestrian -friendly environment with tree lined streets, sidewalk systems, and open green spaces; and WHEREAS, the parcel described herein is an essential component of the Village's Civic Center plan; and WHEREAS, the Council of the Village of Key Biscayne intends to negotiate in good faith with the current owner and comply with the provisions in Section 73.015, Florida Statues, in order to acquire the parcel described herein. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. All recitals above are true and correct and incorporated herein. Section 2. The Village Manager and Village Attorney shall notify the current owner of the Council's intent to acquire the parcel described herein by voluntary conveyance or eminent domain. Section 3. The Village Manager and Village Attorney shall retain an appraiser to prepare a new appraisal of the parcel described herein in order to negotiate in good faith with the current owner. Section 4. The Village Manager and: Village Attorney shall comply with the provisions of Section 73.015, Florida Statutes, and take such further action as is reasonably required to fully accomplish the purposesrdirected herein Section 5. This Resolution shall become effective immediately PASSED AND ADOPTED this 17th day of J une 2002. A H. ALVAREZ, CMC, VILLAGE C APPROVED AS TO FORM AND SUFFICIENCY: RICH JAY WEISS, VILLAGE ATTORNEY on its adoption. MAYOR JOE I. RASCO 0 0 RESOLUTION NO. 2002 - 24 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AMENDING RESOLUTION NO. 2002-02 TO INCLUDE THE EXPENDITURE OF FUNDS FOR PHASE 1 AND SITE INFRASTRUCTURE WORK FOR THE CIVIC CENTER TO INCLUDE TELECOMMUNICATIONS, CABLING, AND RELATED WORK WITHOUT INCREASING THE BUDGET FOR SAID PHASE 1 WORK; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Resolution No 2002-02 provides for $400,000 for infrastructure work that will be performed by the Village; and WHEREAS, the authorized work in Resolution No. 2002-02 refers to infrastructure work below grade with no reference to telecommunications, cabling, and related work inside the Adminishation/Police Building and Fire Station all of which is necessary to make these buildings operable; and WHEREAS, the staff report, which was appended to Resolution No. 2002-02, included telecommunications as part of the infrastructure work; and WHEREAS, there is sufficient funds in the approved budget for Phase 1 Site and Site Infrastructure Work for telecommunications, cabling, and related work for the Administration/Police Building and the Fire Station; and WHEREAS, the Village, through James A. Cummings, Inc. has received bids for telecommunications, cabling, and related work for the Administration/Police Building and the Fire Station. NOW, THEREFORE BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS: Section 1. That Resolution No. 2002-02 is hereby amended to include telecommunications, cabling, and related work inside the Administration/Police Building and Fire Station that is necessary to make these buildings operable. Section 2. That the work referred to in Section 1 will be paid from funds authorized by Resolution No. 2002-02 with no increase in the funding required to complete said work. Section 3. That the Village Manager and Village Attorney are hereby directed to implement this Resolution. 1 Section 4. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED. this 28th day of May , 2002. RICHARD JAY WEISS, VILLAGE ATTORNEY OR JOE I. RAS 0 CONCHITA H. ALVAREZ, CMC, VILLAGE CLE APPROVED AS TO FORM AND SUFFICIENCY: 2 RESOLUTION NO. 2002-23 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; RECOGNIZING MAY 13 THROUGH MAY 17, 2002 AS NATIONAL POLICE WEEK; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the week of May 13 through May 17, 2002 has been established as National Police Week as a time for the nation to honor those police officers and their families who have paid for our safety with their own lives; and WHEREAS, the members of the law enforcement agency of Key Biscayne Police Department play an essential role in safeguarding the rights and freedoms of Key Biscayne; and WHEREAS, it is important that all citizens know and understand the duties, responsibilities, hazards, and sacrifices of their law enforcement agency, and that members of our law enforcement agency recognize their duty to serve the people by safeguarding life and property, by protecting them against violence and disorder, and by protecting the innocent against deception and the weak against oppression; and WHEREAS, the men and women of the law enforcement agency of Key Biscayne Police Department unceasingly provide a vital public service. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE, FLORIDA AS FOLLOWS: Section 1. That in recognition of the sacrifice of police officers who have given their lives to protect the public and the impact of this sacrifice on their families, the Village Council hereby recognizes May 13 through May 17, 2002 as National Police Week and pays tribute to the courageous deeds and valor of law enforcement officers. Section 2. I further call upon all citizens of Key Biscayne to observe Wednesday, May 15th, as Peace Officers' Memorial Day in honor of those law enforcement officers who, through their courageous dells, have made the ultimate sacrifice in service and pay respect to the survivors of our fallen heroes. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 14th day of May 2002. atte IITTA H. ALVAREZ, CMC, VILLAGE CIERT APPROVED AS, TO FORM, AND LEGAL SUFFICE RICHARD 7. WEISS•, VILLAGE ATTORNEY RESOLUTION NO. 2002-22 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; APPROVING SPECIFIC RECOMMENDATIONS MADE BY THE COMMUNITY CENTER COMMITTEE; DIRECTING THE VILLAGE MANAGER TO PREPARE AND IMPLEMENT A STRATEGY THAT RESULTS IN THE COMMENCEMENT OF CONSTRUCTION OF THE COMMUNITY CENTER BY OCTOBER 1, 2002 IF THE SURVEY SUPPORTS THE CONSTRUCTION OF SAID CENTER; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on April 9, 2002, the Village Council approved a motion accepting the recommendations of the Community Center Committee; and WHEREAS, the Village Council requested that the Village Manager provide a report that analyses the Community Center Committee's Recommendations within 30 days of the date the Council accepted said recommendations; and WHEREAS, the attached report is submitted to the Council in compliance thereof. NOW, THEREFORE BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS: Section 1. That the Village Manager provide the Council with a recommendation regarding the timing, financing, building design, and siting of the Community Center within 10 days of the date the Council approves the survey report and findings. Section 2. That the Village Manager Attorney provide a legal opinion regarding the financing methodology within 10 days of the date the Council approves the survey report and findings and the recommendation that is addressed in Section 1 above. Section 3. Should the survey find there is support for a Community Center, then the Village Manager is directed to prepare and implement a strategy that results in the commencement of construction by October 1, 2002. The implementation strategy shall be provided to the Council pursuant to Section 2 above. Section 4. That the Village Manager and Village Attorney are hereby directed to implement this Resolution. Section 5. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 14th day of May , 2002. MAYOR JOE I. RASC CONCHITA IL ALVAREZ 14IC, VILLAGE' CLERK AS APPROVED AS TO FORM AND LEGAL SUFFI? RICHARD JAY WEISS, VILLAGE ATTORNEY RESOLUTION NO. 2002-21 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, CALLING A SPECIAL ELECTION ON THE PROPOSED AMENDMENTS TO THE VILLAGE CHARTER TO BE HELD ON TUESDAY, JULY 9, 2002, BY MAIL BALLOT PROCEDURE; PROVIDING FOR SUBMISSION TO THE ELECTORS FOR APPROVAL OR DISAPPROVAL THE CHARTER AMENDMENTS RECOMMENDED BY THEKEYBISCAYNE CHARTER REVISION COMMISSION PURSUANT TO FINAL REPORT OF APRIL 2002; PROVIDING FOR REQUISITE BALLOT LANGUAGE; PROVIDING FOR PROCEDURE FOR MAIL BALLOTING; PROVIDING FOR NOTICE; REPEALING AND SUPERCEDING RESOLUTION NO. 2002- 17 ON THE SAME SUBJECT MATTER TO REVISE ELECTION DATE; PROVIDING FOR AN Eli FECTIVE DATE. WHEREAS, pursuant to Miami -Dade County Charter Section 5.03 and Village Charter Section 7.06, the Key Biscayne Charter Revision Commission issued its Final Report of April 2002 (the "Report"), concerning necessary revisions to the Village Charter and has drafted the appropriate amendments to the Village Charter for submission to the electors; and WHEREAS, in accordance with Section 7.06 of the Village Charter, the Village Council is required to submit the proposed amendments to the electors of the Village. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. That a special election is hereby railed for Tuesday, the 9th day of Tuly, 2002 to present to the electors of the Village of Key Biscayne (the "Village") each of the ballot questions provided in Section 4 of this Resolution. Section 2. That mail ballots, as prescribed by Sections 101.6101-101.6107, Florida Statutes, shall be used in this special election. All qualified electors residing within the Village who are timely registered shall be entitled to vote. Section 3. That notice of said election shall be published in accordance with Section 100.342, Florida Statutes, in a newspaper of general circulation within the Village at least 30 days prior to' said` election, the first publication to be in the fifth week prior to the election, and the second 1 publication to be in the third week prior to the election; and shall be in substantially the following form: "NOTICE OF SPECIAL ELECTION PUBLIC NOTICE IS HEREBYGIVEN TI-LAT PURSUANT TO THE APRIL -2002FINALREPORTOFTHEW EYBISCAYNE CHARTER ''REVISION COMMISSION AND AM ENABLING RESOLUTION DULY ADOPTED BY THE. VILLAGE. COUNCIL OF TITS VILLAGE OF 'KEY BISCA NE, FLORIDA, (THE "VILLAGE" `? AN» ELECTION' HAS. BEEN "CAEBEI AND ORDERED', TO BE YHELD ", IT I ' THE N9LUINGE, ON TUESDAY, JULY19' 2004 BY' MAIi Bt LT OT, AT WHICHTIME THE FOLLOWING CFI`ARTEIt.A E3 D IENT,PROPOSITIONS ,SETALLBE;S`C7B3ttiTT I IO I IEQi TIFTED EIECZ F THE^ LLAGE: `I` "Fk Those certain 23 proposed amendments to the Village Charter as described in the April 2002 Final Report of the KeyBiseaynecharteer Revision Commission, which proposals, are eommonly referred to by.the fellow-41gballottitles; 1. Technical And Stylistic Amendments. 2. Reduction Of Size Of Village Council 3. Role of Village Council In' Connection With Certain Duties Of the Mayor And Manager 4. Procedure For Appointment Of Members Of Village Boards 5 Reduction Of Council Member Tenn Of Office 6. L6ngth Of Sei-vice As Mayor ", 7, Pmviding For Election Of Council By Seats 8. Candidates Must Be Registered Voter Of Village For At Least One year Prior To Qualifying 9. Reimbursement For Expenses 10. Election Communications 11. Definition: And Procedures Applicable To Capital Projects Of The Village 12, Time Limit On Initiative And Referendum Proceedings Concerning Capital Projects 13. VillagesCode, Ordinances And Resolutions 14. Procedure For Election Of Mayor And Village Council Members 15. Number Of Electors Required For Petitioners' Committee In Initiative, Referendum And Charter Amendment Process 16. Percentage Of Electors Signatures Required For Initiative And Referendum Petitions 17. Plain, Language Summary Required For Initiative, Referendum, And Charter Amendment Petitions 2 18. Creating Pre -Clearance Requirement For Legal Sufficiency Of Initiative, Referendum And Charter Amendment Petitions 19. Time For Submission Of Initiative Or Referendum Petition Measures To The Electors 20. Reduction Of Time For Submittal Of Charter Amendments To Voters 21. Grants And Charitable Contributions 22. Charter Revision Conunission 23. Revision To Timetable For Election On Recommendations Of Charter Revision Commission The full text of the proposed Village Charter amendments, and the enabling Resolution for this election are available at the Office of the Village Clerk, located at 85 West McIntyre Street, Key Biscayne, FL 33149. It Village Clerk Section 4. That the form of ballot for each of the proposed Charter amendments shall be as follows: 1. TECHNICAL AND STYLISTIC AMENDMENTS It has been proposed that the Charter of the Village of Key Biscayne be amended to reflect non -substantive stylistic and technical changes made for clarity, including the insertion of defined words and the consistent usage of terms, along with any amendments needed for conformity and consistency of Charter amendments. Shall the above described amendment be adopted? Yes [ No [ ] 2. REDUCTION OF SIZE OF VILLAGE COUNCIL The Village Charter currently provides for the Council to consist of seven persons, and establishes Council voting requirements, based on that number. It has been proposed that the Charter be amended to reduce the Council to five persons. Shall the above described amendment be adopted? Yes [] No {] 3 3. ROLE OF VILLAGE COUNCIL IN CONNECTION WITH CERTAIN DUTIES OF THE MAYOR AND MANAGER It has been proposed that the Charter be amended to: (1) require Council consent for the Mayor t o r epresent t he V illage in d ealings w ith o ther governmental entities; (2) provide that the Mayor shall presean an annuai budget message after approval of the budget by the Village Council; (3) provide for the Manager to first obtain input from the Council before preparing, the proposed annual budget and capital program: Shall the above described amendment be adopted? Yes L.] No [] 4. PROCEDURE FOR APPOINTMENT OF MEMBERS OF VILLAGE BOARDS The Village Charter currently provides for the Mayor to appoint members of Village boards with Council approval, but does not provide a procedure for appointments. It has been proposed that the Charter be amended to provide a specific procedure for the Mayor to appoint members of Village boards, subject to ratification by the Council, including the solicitation of recommendations for appointments from Council Members. Shall the above described amendment be adopted? Yes [] No [] 5. REDUCTION OF COUNCIL MEMBER TERM OF OFFICE The Village Charter currently provides for Council Members, other than the Mayor, to be elected for four-year terms. It has been proposed that the Charter be amended to provide for Council Members to be elected for two-year terms. The total number of consecutive years a Council Member may serve remains eight years. Shall the above described amendment be adopted? Yes [ ] No [ ] 6. LENGTH OF SERVICE AS MAYOR The Village Charter currently provides that no person shall serve as Mayor for more than two consecutive two-year terms totaling four consecutive years. It has been proposed that the Charter be amended to enable a person to serve as Mayor for up to four consecutive two-year terms totaling eight consecutive years. Shall the above described amendment be adopted? Yes [] No [ ] 7. PROVIDING FOR ELECTION OF COIJNCIL BY SEATS The Village Charter currently provides for Council candidates to run at -large without the designation of a specific. seat. It has been proposed that the Charter be amended to provide for: (1) the election of each Council Member to an at - large designated seat; and (2) an extended qualifying period if no candidates qualify for a particular seat. The proposed seats do not represent any specific geographic area. Shall the above described amendment be adopted? Yes [ } No [] 8. CANDIDATES MUST BE REGISTERED VOTER OF VILLAGE FOR AT LEAST ONE YEAR PRIOR TO QUALIFYING The Village Charter currently requires that electors of the Village reside in the Village for o.ne year prior to filing to run for Village Council. It has been proposed that the Charter be amended to also require that candidates for Village Council be a registered voter of the Village for at least one year prior to filing to run for Village Council Shall the above described amendment be adopted? Yes [] No [] 5 9. REIMBURSEMENT FOR EXPENSES The Village Charter currently provides for the Mayor and Council Members to receive reimbursement for authorized<travel and per diem expenses. It is proposed that the Village Charter be amended to provide for the Mayor and Council Members to receive'reimbursement for anyautltirized expenses incurred in the performance of their official duties. Shall the above described amendment be adopted? Yes [] No [ ] 10 ELECTION COMMUNICATIONS The Village Charter currently does not contain any provision addressing expenditures for advocating the Village's position in elections concerning initiative, referendum or Charter amendments. It has been proposed that the Charter be amended to include provisions and procedures concerning election communication expenditures, by which the Council would provide for the public to be fairly informed of both Council majority and minority positions. Shall the above described amendment be adopted? Yes [ ] [] 11. DEFINITION AND PROCEDURES APPLICABLE TO CAPITAL PROJECTS OF THE VILLAGE The Village Charter currently does not contain a definition and detailed procedures concerning capital projects. It has been proposed that the Charter be amended to provide: (1) a definition of capital projects; and (2) require capital projects in excess of$500,000. to be approved by ordinance, with notice to the public prior to second reading. Shall the above described amendment be adopted? Yes [ ] No [] 12. TIME LIMIT ON INITIATIVE AND REFERENDUM PROCEEDINGS CONCERNING CAPITAL PROJECTS The Village Charter currently does not contain a time limit on initiative and referendum proceedings relating to Capital Projects. It has been proposed that the Charter be amended to require that initiative and referendum proceedings relating to Capital Projects be commenced within 30 days of adoption of Capital Project legislation. Shall the above described amendment be adopted? Yes [ ] No [ ] 13. VILLAGE CODE, ORDINANCES AND RESOLUTIONS The current Village Charter provides that ordinances, codes and resolutions of the Village or Miami -Dade County, in effect as of April 1, 1997, remain in effect, except as modified by the Village. It has been proposed that the Charter be amended to provide that such ordinances, resolutions and codes in effect as of May 1, 2002, shall remain effective, except as modified by the Village. Shall the above described amendment be adopted? Yes [ ] No [] 14. PROCEDURE FOR ELECTION OF MAYOR AND VILLAGE. COUNCIL MEMBERS The current Village Charter generally provides for an election system, which includes primary, regular and run-off elections. It is proposed that the Charter be amended to eliminate the primary election and provide for a regular election, with a two -person run-off election being held only if no candidate receives greater than 50% of the ballots cast for a seat or for the Office of Mayor. Shall the above described amendment be adopted? Yes [ ] No [ ] 7 15. NUMBER OF ELECTORS REQUIRED FOR PETITIONERS' COMMITTEE IN INITIATIVE. REFERENDUM AND CHARTER AMENDMENT PROCESS The :current Village Charter provides that a minimum of ten, electors may commence initiative, referendum or , Charter amendment. proceedings as a Petitioners' Committee. It has been proposed that the Charterbe amended to provide; that a minimum of forty elector& of the Village shall be necessary in order to commence initiative, referendum or Charter amendment proceedings. Shall the above described; amendment be adopted? Yes [ ] No [ ] 16. PERCENTAGE OF ELECTORS SIGNATURES REQUIRED FOR INITIATIVE AND REFERENDUM PETITIONS The current Charter provides that initiative and referendum petitions must be signed by at least 10% of registered Village electors. It has been proposed that the Charter be amended to provide that initiative and referendum petitions must be signed by at least 15% of registered Village electors. This revision shall not apply to Charter amendments,the requirement for which shall remain at 10% as required by County Charter. Shall the above described amendment be adopted? Yes [] No [ ] 17. 'LAIN LANGUAGE SUMMARY REOUIRED FOR INITIATIVE. REFERENDUM AND CHARTER AMENDMENT PEI ITIONS The current Village Charier provides that initiative, referendum, and Charter amendment petitions provide the full text of the ordinance proposed or sought to be reconsidered, but does not specify that a brief description summarizing such ordinance be provided. It has been proposed that the Charter be amended to provide that such petitions shall also include a brief description summarizing such ordinance in plain language. Shall the above described amendment be adopted? Yes [ ] No [ ] 8 0 18. CREATING PRE -CLEARANCE REQUIREMENT FOR LEGAL SUFFICIENCY OF INITIATIVE. REFERENDUM AND CHARTER AMENDMENT PETITIONS The current V illage Charter r equires t hat i nitiative, referendum and C harter amendment petitions be legally sufficient, but does not provide a mandatory legal review process. It has been proposed that the Charter be amended to provide for mandatory pre -circulation review by the Village Attorney at Village expense for the legal sufficiency of initiative, referendum and Charter amendment petitions, and extends the petition filing deadline. Shall the above described amendment be adopted? Yes [] No [ ] 19. TIME FOR SUBMISSION OF INITIATIVE OR REFERENDUM PETITION MEASURES TO THE ELECTORS The current Charter provides that an election on a measure proposed by initiative or referendum petition s hall be h eld b etween thirty and s ixty.d ays after the Council acts on a petition. It been proposed that the Charter be amended to provide for such time period to be not less than thirty days and not more than 120 days, to facilitate compliance with notification requirements of State law. Shall the above described amendment be adopted? Yes 20. REDUCTION OF TIME FOR SUBMITTAL OF CHARTER AMENDMENTS TO VOTERS ;. The current Village Charter provides that if a special election is held for submittal of Charter amendments to the electors, it shall be held not more than 120 days from certification of the petition. It has been proposed that the Charter be amended to provide that the special election shall be held no more than ninety days from the date the petition was certified sufficient. Shall the above described amendment be adopted? Yes [ ] No [ ] 9 21. GRANTS AND CHARITABLE CONTRIBUTIONS The current Village Charter provides that the Village shall not make any grant or charitable contribution unless approved unanimously by all elected officials. It has been proposedthat the Charter be revised to providethat grants or charitable contributions may be by the Village if approved by the affirmative vote of a majority plus one of the entireCouncil. Shall the above described amendment be adopted? Yes [ ] No [ ] 22. CHARTER REVISION COMMISSION The current Charter requires that one member of the Charter Revision Commission shall be a Council Member serving a second consecutive Council term. It has been proposed that the Charter be revised to allow any Council Member to serve and to provide that an additional Village elector shall be appointed if a Council Member is unable or unwilling to serve on the Commission. Shall the above described amendment be adopted? Yes [ ] No [] 23. REVISION TO TIMETABLE FOR ELECTION ON RECOMMENDATIONS OF CHARTER REVISION COMMISSION The current Village Charter provides for an election on the Charter Revision Commission's proposed Charter amendments not less than thirty days or more than sixty days after submission of proposed amendments by the Charter Revision Commission. It has been proposed that the Charter be amended to expand this time period to not less than sixty days and no more than ninety days, for conformity with the County Charter. Shall the above described amendment be adopted? Yes [] No [ 10 Section 5. That the full text of the proposed Charter amendments, as set forth in the Report; is to amend the Village Charter by adding the new matter underlined and deleting the matter struck through, as follows: 8 Copyrighted. Municipal Code Corp., affiliated Municipality. 1999. PART I CHARTER* *Editor's note —Printed herein is the Municipal Charter of the Village of Key Biscayne, as adopted by the voters on June 18, 1991. Amendments to the Charter are indicated by parenthetical history notes following amended provisions. The absence of a' history note indicates that the provision remains unchanged from the original Charter. Obvious misspellings have been corrected without notation. For stylistic purposes, a uniform system of headings, catchlines and citations to state statutes has been used. Additions made for clarity are indicated by brackets. Notes from 1-99-7 Charter Revision Commission. The following are notes which are included in the Charter as directed by the 1997 Charter Revision Co,ini,:sak,,t Commissions of 1997 and 2002. 1. For historical purposes, the Cemittee Committee wishes to note the following. The members of the original Charter Committee were as follows: Luis Lauredo, Chair Betty Sime, Vice Chair Roberto Cambo, Member Michael Hill, Member Ed Sawyer, Member The Reporter was Hugh O'Reilly and the attorney was Stuart Ames. 2. The Charter Revision Commission of 1996-97 was appointed by the Village Council on December 10, 1996 and met during the early months of 1997 to review the Village Charter. The members of the Charter Revision Commission were as follows: Betty Sime, Chair Michael Kahn, Vice Chair Paul Auchter, Member Martha Broucek, Member 11 Ron Drucker, Member The Clerk was Conchita H. Alvarez, the Manager was C. Samuel Kissinger and the attorneys were Richard Jay Weiss, Stephen J. Helfinan and Nina L. Boniske. As a result of those meetings, 25 amendments were proposed to the electorate. Of the 25 amendments proposed, 23 were approved by the electorate on June 10, 1997. The Village Council proposed 3 additional amendments, only one of which was approved by the electors on June 10, 1997. The Charter' below reflects amendments to Sections 4.10 and 5.02 approved at a general election on`3lecember 4, 2001. 3. The Charter Revision Commission of2001=02 was appointed by the Village Council on November 13.2001 (as ratified on January 15. 20021 and met during the early months of 2002 to review the Village Charter: The members of the Charter Revision Commission were as follows: Martha, F. Broucek. Chair Michael A. Kahn. Vice Chair Stuart D. Ames. Member Dr. Michael E. Kelly. Member Luis Lauredo. Member The Clerk was Conchita H. Alvarez. the Manager was C. Samuel Kissinger and the attorneys were Richard Jay Weiss and Tony L. Recio. As a result of those meetings. 23 amendments were proposed to the electorate. Of the 23 amendments proposed. were approved by the electorate on 12 Article I. Corporate Existence, Form of Government, Boundary and Powers Sec. 1.01. Corporate existence. Sec. 1.02. Form of government. Sec. 1.03. Corporate boundary/MAP. Sec. 1.04. Powers. Sec. 1.05. Construction. Sec. 1.06. Capitalization. Article II. Village Council; Mayor Sec. 2.01. Village Council. Sec. 2.02. Mayor and ViccMayo.. Sec. 2.03. Vice Mayor. Sec. 2.04. Election and term of office: Seats. Sec. 2764 2_05. Qualifications. Sec. 2.05 2.06. Vacancies; forfeiture of office; filling of vacancies. Sec. 2:06 2.07. Recall. Sec. 2.07 2.08. No compensation; reimbursement for expenses. Article III. Administrative Sec. 3.01. Village Manager. Sec. 3.02. Appointment; removal; compensation. Sec. 3.03. Powers and duties of the Village Manager. Sec. 3.04. Village Clerk. Sec. 3.05. Village Attorney. Sec. 3.06. Village code of administrative regulations. Sec. 3.07. Expenditure of Village funds. 13 Sec. 3.08. Competitive bid requirement. Sec. 3.09. Removal of Council Appointees. Article IV. Legislative Sec. 4.01. Council meeting procedure. Sec. 4.02. Prohibitions. Sec. 4.03. Action requiring an ordinance. Sec. 4.04. Emergency ordinances. Sec. 4.05. Annual budget adoption. Sec. 4.06. Fiscal year. Sec. 4.07. Appropriation amendments during the fiscal year. Sec. 4.08. Authentication, recording and disposition of ordinances; resolutions and charter amendments. Sec. 4.09. Tax levy. Sec. 4.10. Borrowing. Sec. 4.11. Revenue Sharing. Sec. 4.12. Village bogrds0nd-agencies Boards. Sec. 4.13. Village Code, O.daia..cca a..d Resulutlona ordinances and resolutions. Sec. 4.14. Special Assessments. Article V. Elections Sec. 5.01. Elections. Sec. 5.02. Initiative and referendum. Sec. 5.03. Form of ballots. Article VI. Charter Amendments Sec. 6.01. Charter Amendments. 14 Sec. 6.02. Procedure to amend. Sec. 6.03. Form of ballot. Article VII. General Provisions Sec. 7.01. No casino gambling. Sec. 7.02. Severability. Sec. 7.03. Conflicts of interest; ethical standards. Sec. 7.04. Village personnel system; merit principle. Sec. 7.05. Grants and charitable contributions. Sec. 7.06. Charter revision. Sec. 7.07. Variation of pronouns; singular/plural. Article VIII. Transition Provisions Sec. 8.01. Temporary nature of Article. Sec. 8.04. Taxes and fees. Sec. 87077-Irtitial-eleetiorrvf-eouneil-and-Mayor: 8.08. Transition provisions to facilitate change to two-year terms: five -member Council; Seats. 15 ARTICLE I. CORPORATE EXISTENCE, FORM OF GOVERNMENT, BOUNDARY AND POWERS Section 1.01. Corporate existence. A municipal corporation known as Village of Key Biscayne (the "Village") is hereby created pursuant to the Constitution of the State of Florida (the "State") and the Home Rule Charter of Metropolitan Dade County (the "County"). The corporate existence of the Village shall commence upon the adoption of this Charter (the or this "Charter"). (Res. No. 97-15, 4-1-97/6-10-97) Section 1.02. Form of government. The Village shall have a"Council-Manager" form of government. (Res. No. 97-15, 4-1-97/6-10-97) Section 1.03. Corporate boundary/MAP. The corporate boundary of the Village shall be as follows: BEGIN at the point of intersection of the West line of Crandon Boulevard with the South line of Crandon Park, said point of intersection also being the Northeast corner of Tract 1 of SUBDIVISIONOF A PORTION OF MATHESON ESTATE, KEY BISCAYNE, DADE COUNTY, FLORIDA, according to the plat thereof recorded in Plat Book 46 at Page 86 of the Public Records of Dade County, Florida; thence nm Westerly along said South line of Crandon Park, also being the North line of said Tract 1 and its Westerly extension to a point in the waters of Biscayne Bay, said point being 1,200 feet Westerly of the most Northwesterly comer of Tract B of FOURTH ADDITION TO TROPICAL ISLE HOMES SUBDIVISION, according to the plat thereof recorded in Plat Book 53 at Page 39 of the Public Records of Dade County, Florida; thence run Southwesterly, to a point in the waters of Biscayne Bay, said point being the point of intersection with the Southwesterly extension of the Southeasterly line of Lot 7 in Block 1 ofMASHTA POINT SUBDIVISION, according to the plat thereof recorded in Plat Book 131 at Page 37 of the Public Records of Dade County, Florida, s aid point o f i ntersection b eing 1,000 feet Southwesterly o f the m ost Southeasterly corner of said Lot 7, as measured along the Southwesterly extension of the Southeasterly line of said Lot 7; thence run Southeasterly to a point in the waters of Biscayne Bay, said point being the point of intersection of the Southwesterly extension of the Southeasterly line of Lot 17 of SMUGGLERS COVE, according to the plat thereof recorded in Plat Book 78 at Page 83 of the Public Records of Dade County, Florida, with the Westerly extension of the South line of the Waterway shown on the plat of CANOGA PROPERTIES—KEYBISCAYNE, FLORIDA, according to theplat thereofrecorded in Plat Book 65 at Page 88 of the Public Records of Dade County, Florida; thence run Pasterly, along the South line of said Waterway and its Westerly and Easterly extensions to a point in 16 AND the Atlantic Ocean, 500 feet Easterly of the ErosionControl Line as`said'Erosion 'Control Line is shown on the plat thereof recorded in Plat Book 74 at Page 26 of the Public Records of Dade County, Florida; thence run Northerly along a line 500 feet Easterly of and parallel to the said Erosion Control Line to the point of intersection with the Easterly extension of the said South line of Crandon Park; thence run Westerly along the said South line of Crandon Park and its Easterly extension to the Point of Beginning; BEGIN at the point of intersection of said South line of Crandon Park with the centerline of Crandon Boulevard, said centerline of Crandon Boulevard being the centerline of Tract 10 of said plat of SUBDIVISION OF A PORTION OF, MATHESON ESTATE, KEY BISCAYNE, DADE COUNTY, FLORIDA, and its Northeasterly extension; thence run Westerly along the South Line of Crandon Park for a distance of 400 feet; thence run Northerly at right angles to the South line of Crandon Park for a distance of 700 feet; thence run Easterly parallel with the South Line of Crandon Park for a distance of 750 feet more or less to said centerline of Crandon Boulevard; thence run Southwesterly along said centerline of Crandon. Boulevard fora distanceof783 feet more or less to the South boundary of Crandon Park and to the POINT OF BEGINNING. [INSERT MAPJ .'. (Res. No. 97-15, 4-1-97/6-10-97) Section 1.04. Powers. The Village shall have all available governmental, corporate and proprietary powers. Through the adoption of this Charter, it is the intent of the electors of the village that the municipal government established herein have the broadest exercise of home rule powers permitted under the Constitution and laws of the State. (Res. No. 97-15, 4-1-97/6-10-97) Section 1.05: Construction. The powers of the Village shall be construed liberally in favor of the Village. (Res. No. 97-15, 4-1-97/6-10-97) Section 1.06. Capitalization. When a defined word is enclosed in quotes and in parentheses after the definition, that word ` shall be treated as a defined term in the remainder of this Charter, when capitalized. (Res. No. 97-15, 4-1-97/6-10-97) 17 ARTICLE IL VILLAGE COUNCIL; MAYOR* *Editor's note —Pursuant to Ord. No. 92-18,' 1, adopted on August 11, 1992, and approved by the voters on November 3, 1992, the title of article 11 of the Charter has been changed from "Village Board of Trustees; or",to "Village Council; Mayor;" (Res. No. 97-15, 4-1-97/6-10-97) Code reference —Village Council,' 2-21 et seq. Section^2':o1.Willage:Council: There shall be a Village Council (the "Council"), vested with all legislative powers of the Village ndot1.11 thlaV111, 1.1,1.,iat;uE, of six (6) i11cn.Lcrb (. consisting of four (4) members (individually. a "Council Member"; and, collectively, "Council Members") and the Mayor. References in this Charter to Courted MLiLLcis shall iltdud.. this Mayo' 1ullcaa t11c wuti.xt 41t111.1 w:b.. l gall "Elected Officials" Officials" shall include the four Council Members and the Mayor. Individually each is an "Elected Official". (Ord. No. 92-18,' 1, 8-11-92/11-3-92; Res. No. 97-15, 4-1-97/6-10-97) Section 2.02. Mayor and V...c May.,l. (a) ,Liayu, Generally. The Mayor shall preside at meetings of the Council; and be a voting member of the Council, t.aim, ,..notnittves of tlt. Coum i1 mid -appoint mcnibero of tla, Village-boardrancl—agencies-with-the-approvai-of-the-C-ouncil. The Mayor shall be recognized as head of Village government for all ceremonial purposes and for purposes of military law, for service of process, execution of duly authorized contracts, deedsand other documents, and, with the advice and consent of the Council, as the Village official designated to represent the Village in all dealings with othergovernmental entities. The Mayor shall annually present, a state of the Village message and. after approval of the budget by the Council, an annual budget message., (b) Appointment of Village Boards. The Mayor shall appoint all members of Village boards. agencies and committees ("Village Boards"). subject to and effective upon ratification by the Council. (jj Appointment Procedura Prior to making appointments to. any Village Board, the Mayor. during a Council meeting. shall solicit recommendations from each Council Member for appointees. (iii Rat(fication. The names of the Mayor' agenda for the next Council meeting at which time ratification shall be considered. 18 Waiver. The procedure for appointment • described in paragraphs (0 and (ill may be waived by the Council in part or in its entirety in connection with a particular Village Board. (iv) Failure to Appoint. Where the Mayor fails to appoint members of a Village Board, the Council shall appoint the members. (Ord. No. `92-18:' 1. 8-11-92/11-3-92: Res. No. 97-15.4-1-97/6-10-971 Section 2.03. Vice Mayor. Vicc,Mayo1. During the absence or incapacity of the Mayor, the Vice Mayor shall have all the powers, authority, duties and responsibilities of the Mayor. At the first Council meeting after each regular Village election, or in any calendar year in which there is no regular Village election, at the first Council meeting in the month of November of such year, the Council shall elect one (1) of its members as Vice Mayor. ect.on 2.03 Section 2.04. Election and term of office; Seats.: Eaelt-C—ouneil-Memberand-the-Mayarfal Election and term of office. Each Elected Official shall be elected at -large for -.a two (2). year term by the electors of the Village in the manner provided in Article V of this Charter. The Mayo shall b� ylat tut. Nv pa iruu al,all Sa.i no as Mayor fvr niOfG tti&] tVvo (2) CAiiS� GutiV'. ckctcd ttars,.and .io pcasun nay &.rvc on th,, Council No person may serve as Council Member. as Mayor, or as any combination of Mayor and Council Member, for more than eight (8) consecutive years. at ,Seats. Council Members shall serve in seats numbered 14 (individually. a "Seat": collectively. "Seats"). One Council Member shall be elected to each Seat. (Ord. No 92-18,' 1, 8-11-92/11-3-92; Res. No. 97-15, 4-1-97/6-10-97) Section 37042.05. Qualifications. Candidates for Council Member or Mayor shall qualify for election by the filing of a written notice of candidacy with the Clerk r iiiage.sspecifv a which Seat or office they see at such time and in such manner as may be prescribed by ordinance and payment to the Villas,. Clerk of the snm of one hundred dollars ($100.00) as a qualifying fee. A candidate for Mayor may not be a candidate for Council Member in the same election. Only electors of the Village who have resided continuouslyand have been a registered voter in the Village for at least one (1) year preceding the date of such filing shall be eligible to hold the office of Council Member or Mayor. If at the conclusion of the qualifying period no elector has filed or qualified for a particular Seat. then 19 the qualifying period for that Seat shall be reopened for a period of five business da}s. (Ord. No. 92-18,' 1, 8-11-92/11-3-92; Res. No, 97-15, 4-1-97/6-10-97) Section 2705 2.06. Vacancies; forfeiture of office; filling of vacancies. (a) Vacancies. The office of a Council M..n,Lc, o, IVIayui an Elected Official, shall become vacant upon his/her death, resignation, ieuioval from office in any manner authorized by law, or forfeiture of his/her office. Forfeiture of office. (b) (i). Forfeiture by disqualification. 2, Council M.,,ab..i An Elected Official shall forfeit his/her office if at any time during his/her term s/he ceases to maintain his/her permanent residence in the Village or otherwise ceases, without good cause, to be a qualified elector of the Village. i) Forfeiture by absence. A Council Mc,i,Lc, An Elected Official shall be subject to forfeiture of his/her office, in the discretion of the remaining Council Mcn,Lc,s, if s/he is absent without good cause from any three (3) regular monthly meetings ofthe Council ("Regular Meetings") during any calendar year, or if s/he is absent without good cause from any three (3), consecutive Regular Meetings of Etc Coa.,.,il, whether or not during the same calendar year. (iii) Procedures. The Council shall be the sole judge of the qualifications of its members and shall hear all questions relating to forfeiture of a Co.n,cilM. ,,iL..L' a an Elected Official's office, including whether or not good cause for absence has been or may be established The burden` of establishing good cause shall be on the Council M. .., Elected Official in question; provided, however, that anyCouncil MC,nL.., Elected Official may at any time during any duly held meeting move to establish good cause for thelabsence of him/herself or any other Council Metal,' Elected Official, from any past, present or future meeting(s), which motion, if carried, shall, be conclusive. A Council M.,,nbc. An Elected Official whose qralifications are in, question or who is otherwise subject to forfeiture of his/her office shall not vote on any such matters. The Cotuicil Mc ntei Elected Official in question shall be entitled to a public hearing(s) before the Council on request. If a public hearing is requested, notice thereof shall be published in one (1) or more newspapers of general circulation in the Village at least one (1) week in^ advance of the hearing. Any final deteimination'by rhe'Council that a Ctiuiic,l'M.,, ,Lc, il E`teeted O ffieial has forfeited his/her office shall�''be made by'resolution. All votes, and other acts of the Cet.. cil M.,,.1., elected Official in'giiestion"prior to the.effeetive date of such resolution shall bo valid regardless of ttie grounds of forfeiture.` t iLt'.s c� (c) Filling .of vacancies. A vacancy on, the Council'b:';,,`il,..,ff:. , f May.,, shall be filled as it follows: ' 20 (i) If thcsa. aa. y'&. u.a n 11 M m tr's office becomes vacant and less than six (6) months remain in the unexpired term, the vacancy shall be filled by the Council. If the vacancy occurs in the office of Mayor and less than six (6) months remain in the unexpired term, the vacancy shall be filled by vote of the Council from among its members. (ii) If one (1) year or more remains in the unexpired term, the vacancy shall be filled by a special election to be held not sooner than thirty (30) days or more than ninety (90) days following the occurrence of the vacancy. (iii) If six (6) months or more but less than one (1) year remain, the vacancy shall be filled by the Council as provided for in paragraph (i) of this subsection (c) unless there is a Village, County, State or a national election scheduled to take place on any date(s) within such period, in which case the vacancy shall be filled by special election on the first such election date. (iv) If there is no qualified candidate for any vacancy in any election, the Council shall appoint a person qualified under this Article for the vacancy. (v) Notwithstanding any quorum requirements established herein, if at any time the full membership of the Council is reduced to less than a quorum, the remaining members may, by majority vote, appoint additional membcis to the extent otherwise permitted or required under this subsection (c). In the event that all the members of the Council are removed by death, disability, recall; forfeiture of office and/or resignation, the Governor shall appoint an interim Council M.nnbcis NNW which shall call a special election within not .less than thirty (30) days or more than sixty (60) days after such appointment and such election shall be held in the same manner as the first elections under this .0 harter; provided, however, that if there are less than six (6) months remaining in the unexpired terms, the interim Council appointed by the Governor shall serve out the unexpired terms. Appointees must meet all requirements for candidates provided for in the second to last sentence of Section 2704 2.05. (Ord. No. 92-18,' 1, 8-11-92/11-3-92; Res. No. 97-15, 4-1-9716-10-97) Section 2706 2.07: Recall. The electors of the Village shall have the power to recall and to remove any Elected Official from office any cl.,ct..d off,,:al . f th, Villas., to the extent permitted by the Constitution and laws of the State. The minimum number of electors of the Village which shall be required to initiate a recall petition shall be ten percent (10%) of the total number of electors of the Village as of the precedi g Village election. (Res: No. 97-15, 4-1`-97/6-10-97) 21 Section 2.08. No compensation; reimbursement for expenses. Coaaric.l Ma aLLAs (asladu,s the Mayo,) Elected Officials shall serve without compensation but shall receive reimbursement for authorized expenses incurred in the performance of their official duties 3n accordance with applicable law, or as.maybe otherwise provided by ordinance, fvt aaithuiYe.Gd. tiav Gl ,atul yci Clicui cnyciLw ua.uiicd ill tlac p.afuiuiaua.c a1 ia.0 official. duties. (Ord. No, 92-18,' 1, 8-11%-92111-3-92, Res: No: 97-15, 4-1-97/6-10-97) ARTICLE III. ADMINISTRATIVE* erence—Administration, ch. 2. Section 3.01. Village Manager. There shall be a Village Manager (the "Manager") who shall be the chief administrative officer of the Village. The Manager shall be responsible to the Council for the administration of all Village affairs. (Ord. No. 92-18,'1, 8-11-92/11-3-92; Res. No. 97-15, 4-1-97/6-10-97) Section 3.02. Appointment; removal; compensation. The Council shall appoint the Manager for an indefinite term. The Council may remove the Manager as provided in Seetion 309 this Article. The compensation of the Manager shall be fixed by the Council (Ord: No. 92-18.' 1: 8-11-92/11-3-92: Res. No. 97-15.4-1-9716-10-97) Section 3.03. Powers and duties of the 'Village Manager. The Manager shall: (1) Be responsible for the appointment, supervision and removal of all Village employees; (2) Direct and supervise the administration of all departments and offices but not Village boardsror envies Boards, unless so directed by the Council from time to time; (3) Attend all Council meetings except when excused by the Council .and, shall participate in discussion but not have the right to vote; (4) See that all laws, provisions of this Charter and acts of the Council, subject to enforcement and/or administration by him/her or by officers employees subject to his/her direction and supervision ("Employees") are faithfully executed; 0 (5) Prepare and'aubanu t to the Coa.,c;l a the Council's proposed annual budget and capital program, with due input from the Council; (6) Submit to the Council and make available to the public an annual report on the finances and administrative activities of the Village as of the end of each fiscal year; (7) Prepare such other reports as the Council may require concerning the operations of Village Boards., departments; and officesr ; (8) Keep the Council fully advised as to the financial condition and future needs of the Village and make such recommendations to the Council concerning the affairs of the Village as s/he deems to be in the best interests of the Village; Execute contracts, deeds and other documents on behalf of the Village as authorized by the Council; and (10) Perform such other duties as are specified in this Charter or as may required by the Council. Ord. No. 92-18,' 1,-8-11-92/11-3-92; Res. No. 97-15, 4-1-97/6-10-97) Section 3.04. Village Clerk. The'Council<shall appoint a Village Clerk (the "Cask" "Villas, -"Clerk") for an indefinite ,term. The compensation of the Clerk shall be fixed by the Council. The Clerk shall give notice of Council meetings to its members and the public, shall keep minutes of its proceedings which shall be a public record and shall perform such other duties as the Council may prescribe from time to time. The Clerk shall report to the Council and may be removed by the Council as provided in Seetion3.09 this Article. (Ord. No. 92=18,' 1, 8-11-92/11-3-92; Res. No. 97-15, 4-1-97/6-10-97) The Council may from time to time appoint an individual attorney or a law firm to act as the Village Attorney (the "Village Attorney") under such terms and conditions as are consistent with this Charter and as may be established by the Council. The Village Attorney shall report to the Council .; and may be removed by the Council at any time. (Ord. No. 92-18,' 1, 8-11-92/11-3-92; Res. No. 97-15, 4-1-97/6-10-97) 23 Section 3.06. Village code of administrative regulations. The tna,.as.,i Manager shall maintain.a Village code of administrative regulations. The t,uancil Council shall, by ordinance, establish appropriate procedures for reasonable notice and public comment on proposed adtninistratiVe regulations prior to taking final action on the same. (Ord. No. 92-18,' 1, 8-11-92/11-3-92; Res. No. 97-15, 4-1-97/6-10-97) Section 3.07. Expenditure of Village funds. (a1 Generally. No funds of the Village shall be expended except pursuant to duly approved appropriations. Communications Expenditures. Where a resolutionor ordinancehas been adopted pursuant to Sections 5:02. or 6.02 setting an election. and the Council approves an expenditure of funds ("Communication Expenditure") to inform the public of its position with respect to a particular ballot question ("Majority Position") via mailings, advertising. web pages or the like (each, a "Communication"). that Communication shall also inform the public of any minority position(s) of the Council ("Minority Position"). The Elected Officials voting for Minority Position(s) may form a committee for each Minority Position, comprised solely of those Elected Officials who hold that Minority Position ("Minority Position Committee"). The content of the Communication relating to each Minority Position ("Minority- Position Communication"), if any, shall be determined by the Minority Position Committee representing that Minority Position. The resolution authorizing the Communication Expenditure shall specify""the type of Communicationand the date the Minority Position Communication +shall be completed, and submitted -to the Manager for inclusion in the Conn funication. All Communications: shall present the Majority Position and Minority Position(s) in substantially the same fashion in terms of size, color, type. length and other physical characteristics. except that. in the event that one or more Minority Position Committee(s) elects not to .include ai Minority Position Communication. the Communication shall contain the Majority Position. other Minority Position Communication(s). if any, and a statement that one or more Minority Position Committees) did : not elect to include - a?, Minority , Position in the Communication. Tile Minority Position Cbmmittee(s):created by of this S5ection shallsunsetvu n e tte the Communication is effected1 u Capital Projects:, The Council' may authorize' expenditures for:, (i) the acquisition, construction. renovation. or improvement ofpublic buildings or facilities: (h) purchase of land:' or (iii) the purchase of equipment. Each. of the categories i, ii and iii, irrespective of cost, is a "Capital Project ,A resolution or ordinance. as required, Opproving a Capital Project shall contain at a minimum a description and the projected cost of the Capital Project and be,specificallylabeled "Capital Project Authorizing Jtesolution or Ordinance" ("Capital Project Legisfation'h. (Res. No. 97-15, 4-1-9716-10-97) 0 24 Section 3.08.-Compeitive bid requirement. Except as otherwise provided by law or ordinance, contracts for public improvements and purchases of supplies, materials or; services shall be awarded or made on the basis of specifications and competitive bids, except in cases where the Council determines that it is impracticable to do so. (Ord. No. 92-18,' 1, 8-11-92/11-3-92; Res. No. 97-15, 4-1-97/6-10-97) Section 3.09. Removal of Council Appointees. The ag., Manager and the Villas Clerk (each, is a "Council Appointee") may be suspended with pay pending removal by a resolution which shall set forth the reasons for suspension and proposed removal. A copy of such resolution shall be served immediately upon the affected Council Appointee. The affected Council, Appointee shall have fifteen (15) days in which to reply thereto in writing, and upon request, shall be afforded a public hearing before the Council, which shall occur not earlier than ten (10) days nor later than 15 days after such hearing is requested, and after full consideration, the Villag., Council may adopt a final resolution of removal. The affected Council Appointee shall continue to receive full compensation until the effective date of a final resolution of removal. (Res. No. 97-15, 4-1-97/6-10-97) ARTICLE IV. LEGISLATIVE Section 4.01. Council meeting procedure. (a) Meetings. The Council shall hold at least eleven (11) ads ula ,.1.1.th1 iu.. twsa Regular Meetings in each calendar year, at such times and places as the Council may prescribe by ruin("Rcst.larMc.,tngs"). Special meetings may be held on the call of the Mayor or by four (4) mcn,Lcis-of ti.., three (3) Council Members and upon no less than twenty-four (24) hours'. notice to La:,h 111.4111N1 Elected Official and the public, or such shorter time as a majority of the Council shall deem necessary in case of an emergency affecting life, health, property or the public peace. (b) Rules and minutes. The Council shall determine its own rules of procedure and order of business and shall keep minutes open for public inspection. (c) Quorum and voting. Any fi,La (4) .1.c..iicrs of ti.c Council three (3) Elected Officials shall constitute a quorum but a smaller number may adjourn from time to time and may compel the attendance of absent i..y..,L...a Elected Officials in a manner, and subject to the penalties prescribed by the rules of the Council. Voting on ordinances and resolutions shall be by roll call on final action and shall be recorded in the minutes. Except as otherwise specially provided in this Charter, no action of the Council shall be valid or binding unless adopted by the affirmative votes of at least flu. (4) Cou<.i.il M.,,..Lc,s three (3) Elected Officials. In the event that four (4) three (31 or more i......,Lcis of tb., Council )elected Officials are ineligible to vote on a particular matter due to required abstention pursuant to Florida law, 25 then the remaining 111c111Lc1s of the Coa 1ci1 Elected Officials may vote and approve such matter by unanimous vote. (d) Meeting time limits. No meeting of the Council, shall extend later than 11:00 p.m. except upon the affirmative vote of fl v 4 (5) Coa1.::1 M..,1L.,a� four (41 Elected Officials or if less than fin. (5) Cvuu..il Mc.11L.,10 four (41 Elected Officials are present, upon the unanimous vote of all Cow1cil 1\11.4111A -tat Elected Officials present at the meeting.; (Ord. No. 92-17,' 1, 8-11-92/11-3-92; Ord. No. 92-18;'.1, 8-11-92/11-3-92; Res. No. 97-15, 4-1- 97/6-10-97) Section 4.02. Prohibitions. (a) Appoait,aelat[df Employment and 7 Clituvula removal. Neither the Council nor any of -its 111.a11L.ab Elected Officials shall in any manner dictate the appointment or removal of any Villag. a1 tii stlative off wla ., .111F Iuy.. b Employees whom the Manager or any of his/her subordinates is empowered to appoint employ but the Council sand each Elected Official may express its views and fully and freelydiscuss with the Manager anything pertaining to apyviutul'.,tt employment and removal of such uff.ka and -employees Employees. (b) Interference with administration. Except for the purpose of inquiries and investigations made in good faith, the Council u1 ita r.a11L...a and each Elected Official shall deal with Village uffn a. a111 ulp1uyw5 Employees who are subject to the direction and supervision of the Manager solely through the Manager, and neither the Council nor its 111.111L 10 any Elected Official shall give orders to any such uff u1 .111pI.,y. Employee, either publicly or privately. It is the express intent of this Charter that recommendations fox improvement in Village government operations by Elected Officials be made solely to and through the Manager. No individual Council M..n1bc1 Elected Official shall give orders to the Manager._ (c) Holding other offiballotleeteeiillagetrifithal Elected Official shall' hold any. appointive Village office or employment' while in office. No former Ll: t..d Village "official Elected Official shall hold any compensated appointive Villageoffice or employment until one (1) year after the expiration of his/her term. (Ord No. 92-18,' 1, 8-11-92/11-3-92; Res. No 97--15; 4-1-97/6-10=97) Section "4.03. Action requiring an ordinance. In addition to other acts required bylaw or by specific provision of this Charter to be effected or authorized by ordinance, those acts of the Villas.. Council shall be by ordinance which: (1) Adopt or amend an administrative regulation or establish, alter or abolish any Village offset; Board, `department, o..rd o1 as.,...,y or office; (2) Establish a rule or regulation the violation ofwhich carries a penalty;; 0 0 26 Levy taxes or appropriate funds; Grant, renew or extend a franchise; Set service or user charges for municipal services or grant administrative authority to set such charges; (6) Authorize the borrowing of money; (7) Convey or lease or authorize by administrative action the conveyance or lease of any lands of owned by the Village; or (8) Amend or repeal any ordinance previously adopted, except as otherwise provided in this Charter; or Approve a Capital Project in excess of $500.000. When an ordinance authorizing a Capital Project in excess of $500.000 has been approved upon first reading. notice of the date and time of the second reading shall be provided ("Second Reading Notice"). The Second Reading Notice shall include a brief description of the Capital Project and its cost and shall be published in addition to and contemporaneously with notices regularly published for second readings. Each Village elector shall be sent a Second Reading Notice by postcard. Action taken by the Council on a Capital Project shall not be voided by the failure of an individual Village elector to receive a Second Reading Notice postcard.; Ord. No. 92'48, ' 1, 8-11-92/11-3-92; Res. No. 97-15, 4-1-97/6-10-97) Section 4.04. Emergency ordinances. (a) Authorization; form. To meet a public emergency affecting life, health, property or the public peace, the Council may adopt, in the manner provided in this Section, one or more emergency ordinances, but such ordinances may not levy taxes; grant, renew or extend any municipal franchise; set service or user charges for any municipal services; or authorize the borrowing of money except as provided under the emergency appropriations provisions of this Charter if applicable. An emergency ordinance shall be introduced in the form and manner prescribed for ordinances generally, except that it shall be plainly designated in a preamble as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing it in clear and specific terms. Procedure. An emergency ordinance may be adopted with or without amendment or rejected at the meeting at which it is introduced. After its adoption, the ordinance shall be published and printed as prescribed for other ordinances. (c) Effective date. Emergency ordinances shall become effective upon adoption or at such other date as may be specified in the ordinance. 27 (d) Repeal. Every emergency ordinance except emergency appropriation ordinances shall automatically be repealed as of the sixty-first (61st) day following its effective date, but this shall not prevent re-enactment of the ordinance under regular procedures, or if the emergency still exists, in the manner specified in this Section. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this Section for adoption of emergency ordinances. Emergency appropriations. The Council may make emergency appropriations in the manner provided in this Section. To the extent that there are no available unappropriated revenues to meet such appropriations, the; Council may by such emergency ordinance (without regard to Section 4.10) authorize the issuance of emergency notes, which maybe renewed from time to time, but the emergency notes, including renewals thereof, shall be payable not later than the, fastday o.fthe.fiscal year n;extsucceeding the fiscal year in which the emergency appropriation ordinance was originally adopted. (e) (Ord. No. 92-18,' 1,r8-11-92/11-3-92;.Res. No. 97-15, 4-1-97/6-10-97) Section 4:05. Annual budget adoption. (a) Balanced budget. Eachannual budget adopted by the Council shall be a balanced budget. (b) Budget adoption. The Council shall by ordinance adopt the annual budget on or before the last day of September of each year. If it fails to adopt the annual budget by this date, the Council may by resolution direct that the amounts, appropriated for current operations for the then ending fiscal year be deemed appropriate for the ensuing fiscal year for a period of fifteen (15) days and maybe renewed by resolution each fifteen (15) days, with all items in •it prorated accordingly, until such time as. the Council adopts an annual budget for the ensuing fiscal year. An ordinance adopting an annual budget shall constitute appropriations of, the amounts specified therein. (c) Specifzcappropriation. The budget shall be specific as to the nature of each category of appropriations therein. Reasonable appropriations may be made for contingencies, but only within defined spending categories. The. Vi11a,.. Manager may at any time, transfer any unencumbered appropriation balance or portion thereof between classifications of expenditur es within, an office or,;department. (d) Defi3rred compensation;. pensions. Contributions to pension and other deferred compensation plans or arrangements for Villase c.npluy,,�,s Employees may be made under such terms and conditions as the Council may establish from time to time in accordance with sound actuarial principles. (Ord. No. 92-18,' 1, s -11-92/11-3-92j Res. No. 97-15, 4-1-97/6-10-97) 28 0 (b) Section 4.06. Fiscal year. The fiscal year of the Village government shall begin on the first (1st) day of October and shall end on the last day of September of the following calendar year. Such fiscal year shall also constitute the annual budget and accounting year. (Res. No. 97-15, 4-1-97/6-10-97) Section 4.07. Appropriation amendments during the fiscal year. (a) Supplemental appropriations. If, during any fiscal year, revenues in excess of those estimated in the annual budget are available for appropriation, the Council may by ordinance make supplemental appropriations for the fiscal year up to the amount of such excess. Reduction of appropriations. lf, at any time during the fiscal year, it appears probable to the Manager that the revenues available will be insufficient to meet the amounts appropriated, s/he shall report to the Council without delay, indicating the estimated amount of the deficit, and his/her recommendations as to the remedial action to be taken. The Council shall then take such action as it deems appropriate to prevent any deficit spending not covered by adequate reserves. (Ord No. 92-18,' 1, 8-11-92/11-3-92; Res. No. 97-15, 4-1-97/6-10-97) Section 4.08. Authentication, recording and disposition of ordinances; resolutions and charter amendments. (a) Authentication. The Mayor or the Clerk shall authenticate by his/her signature all ordinances and resolutions adopted by the Council. In addition, when t hai t.,. Charter amendments have been approved by the electors, the Mayor and the Clerk shall authenticate by their signatures the charter amendment, such authentication to reflect the approval- of the Charter amendment by the electorate. (b) Recording. The Clerk shall keep properly indexed books in which shall be recorded, in full, all ordinances and resolutions passed by the Council Ordinances shall, at the direction of the Council, be periodically codified. The Clerk shall also maintain the Village Charter in current form and shall enter all cl.aa... Charter amendments. (c) Printing. The Council shall, by ordinance, establish procedures for making all resolutions, ordinances, technical codes adopted by reference, and this Charter available to ti.. t ..,Yk of thc' Villasc for public inspection and available for purchase at a reasonable price. (Ord. No. 92-18,' 1, 8-11-92/11-3-92; Res. No. 97-15, 4-1-97/6-10-97) 29 Section 4.09. Tax levy. 0 The Village shall have the right to levy, assess and collect all such taxes as are permitted by law, including without limitation ad valorem, excise, franchise or privilege taxes and taxes on services and utilities. (Res. No. 97-15, 4-1-97/6-10-97) Section 4.10. Borrowing. (a) Debt Approval. The Village shall incur no Debt unless the incurrence of such Debt is approved by at least {iv (5) Cuuntil M.,111L.tfour (4) Elected Officials. (b) Limits. The total Debt of the Village, including amounts authorized but still not drawn down under existing loan agreements and other contractual arrangements with banks and other financial institutions, underwriters, brokers and/or intermediaries, shall, not exceed the greater of i one percent (1%) of the total assessed value of all property within the Village, as certified by the Miami -Dade County Property Appraiser for the current fiscal year; or .C, ii that amount which would cause annual Debt Service to equal fifteen percent (15%) of General Fund expenditures for the previous fiscal year. (c) Definitions. A s u sed i n t his S ection 4 .10 the following t erms s hall h ave t he meanings ascribed to them in this subsection. iii}. "Debt" means any obligation of the Villageto repay borrowed money however evidenced since the date of its incorporation regardless of tenor or term for which it was originally contracted or subsequently converted through refinancing or novation, except (A) any obligation required to be repaid in less than a year and which was incurred solely foremergency relief of natural disasters, or (B) that portion of any obligation for operations which are financed and .operated in an independent, self-liquidating manner and recovered entirely through currently collected user fees and charges. ". it "Debt Service" shall include, without limitation thereto, scheduled interest payments, repayments of principal and all financial fees arising from Debt or from the underlying contractual obligations, whether as originally incurred or subsequently deferred or otherwise renegotiated. in "General Fund" shall mean any and all revenues of the Village, from whatever source derived, except those: revenues derived from special assessments, user fees and charges and designated as a separate fund to finance goods and services to the public. 30 (Ord. No. 92-18,' 1, 8-11-92/11-3-92; Res. No. 97-15, 4-1-97/6-10-97) [Note: Ord./Res. Nos. need to be added] Section 4.11. Revenue Sharing. No funds of the Village shall be paid to the County or other governmental entity pursuant to a revenue distribution or "revenue sharing" program. (Res. No. 97-15, 4-1-97/6-10-97) Section 4.12. Village 116.1 a a11 d agcrn ic, Boards. The Council shall establish or terminate such boa do a..1 as un.n c. Village Boards as it may deem advisable from time to time. Thy boanh a1.d as1/4,...::w Village Boards shall report to the Council. (Ord. No. 92-18,' 1, 8-11-92/11-3-92; Res. No. 97-15, 4-1-97/6-10-97) Section 4.13. Village Code, Oi divancca aad Rcsvluttuna ordinances and resolutions. Except as otherwise modified or replaced by this Charter or by the Villag' Council, all codes, ordinances and resolutions of the Village and ofMetropolitan Miami -Dade County, as applicable to the Village, which County and Village Codes, ordinances and resolutions are m effect as of April 1''May 1, 1997 2002, shall remain in force and effect as municipal codes, ordinances and resolutions of the Village. (Ord. No. '92-18,' 1, 8-11-92/11-3-92 Res. No. 97-15, 4- Section 4.14. Special Assessments: Properties may be specially assessed according to law; however, no properties shall be specially assessed by the Village, unless: (a) A` majority of the owners of the properties to be specially assessed petition the Village for a special assessment, or (b) An election of the property owners to be specially assessed is held to approve the special assessment and a majority of the property owners voting, one (1) vote per property, en -a vote in favor of the proposed special assessment ann. es. No. '2000-11,''4, 3-14-00/5-16-00)` 31 ARTICLE V. ELECTIONS Section 5.01. Elections. (a) Electors. Any person who is a resident of the Village, has qualified as an elector of the State and registers to vote in the manner prescribed by law shall bean elector of the Village. Nonpartisan elections. All elections for the offices of Co 1 cih1 .n11L..1 Council Member and Mayor shall be conducted on a nonpartisan basis. Election utea. At„ unary eletl,un Skull be lielal cn eui,le even-nu,nbe, ell yew, Ott t/ e alcry of tJ a Se.ond Stale primary de -Client, o, if tione is in any suck yeu,, On llie fiI Sl Tue.du9 fo1oowins tkc f,at Meinlluy uf'Octub ,., A Jugular date.,, An election shall be held in November of eacheven-numbered year, on the same day US. congressional elections are held, or if none are held in any year, on the first Tuesday following the first Monday,of sand 1 .11th ail November of that year. (d) I3;nary e1ed ut Election. The ballot for the primary election shall contain the names of all qualified candidates. for Mayor and for the th1e., (3) Cotn cil position., wLi..i1 to LL-frEled as a resalt of tlnc. (3) CounciLtlen bcls' t.,nl,s cXif • each of the four (4) Seats, and shall instruct electors to easttone (1) vote for Mayor and ncrrrtore-thatrtbree-(3)-votes-foreomtcil; w all a Llla iii u111 ,f Vuti (1) v. k. ;yV1 . a 1lidaL. one (1) vote for each Seat. If any candidate for Mayor receives a LL u,1L..i uf 4utta greater than fifty percent (50%) of the to numm.a of ballots cast for. Mayor, such candidate shall be i �Lg11a1 t,l....t1V111V1 Mayut alacll L,, n..tui ..1. If ally .,a111idat.,(a) fv1 C0uuci1 1....eivc(S) a 1iu11iLc1 of votes duly elected Mayor. If any candidate for a Seat receives greater than fifty percent (50%) of the total LLd.uLVa Vrballots cast for that Seat, such candidate(s) shall be duly elected to that Seat. If no candidate receives greater than fifty percent (50%) of the ballots cast for Mayor, tit A. air and tlla fl of pOSlt101 s co11t. Stcd Zia tL. L..&ula1 iwtlVu SLail Lc.d..cscaS gly. the two (2) candidates for Mayor who received the ia1ubt vuL i,l t11V Yli,llary i. VtiV11. TI.. llaii„t fill tILV fll.d iii til lLL111La1y tion, t11c 1wn1Lc1 of Cotua„ it caadidat. s o11 ills Lall.,t 511411 L. a 111u11LV1 Vyua1 t., tiles.1. 11a1111S;Lf0.1111LV1 of;Ce.111.,i1 pub.'. a t.,. b., f ll.,d,i111.,a w., (2). L11V. (1) vVtG p..a Vallt dtV. i1.. Wau dat.� f 11V ayui iVVVlviii J. wool Vu Lc ohall bV H1V July .1wtVd Mayui. Oa. fo1 Council Ltairing c Lnost vut.., 1caS,e. ti%C.1 , 51.411 Lc Clay clot d to tlLC rclnai.l:ilg positio.ls to b. fill. d on tii. Co..aci . greatest number of ballots east shall be included:in a runoff election. If no candidate for a Seat receives greater than fifty percent iteSeAl of the ballots cast for that Seat, the two (2) candidates who received the greatest number of ballots cast for that Seat shall be included in a runoff election for that Seat. 0 0 32 tele Special elections. Special elections, when required, shall be scheduled by the Council at such times and in such manner as shall be consistent with this Charter. {-0111 Runoff election. If tl1c limitary ckction rl,sllltsill twL, (2) vl 111V11l, vaudida&o t .4a V1116' µt11. W Vlllll k.Al..lAA1 L1n. 111111LaL1V11J 111 J11UJLA" L1V11 I.1.), 411 l.aitu1uaLto L.L.41'11113 LL1C. L1(, VU( J11a11 Ule apply a runoff election is necessary, it shall be held two (21 weeks after the election held pursuant to subsection (c) of this Section. The candidate receiving_the greatest number of ballots cast in the runoff election for Mayor shall be duly elected Mayor. The candidate receiving the greatest number of ballots cast for each Seat shall be duly elected to that Seat. If a tie vote occurs in the tcsalal runoff election between two (2) or more candidates for either the office of Mayor or Coa 1c11 ML 1nb .i _ Seat, the tie shall be decided by lot under the direction of the Vi11agL, CAA. Clerk. (Wig) Single candidates. In the event drat the ,tu„ tte, of pt,sons who qualify us L a,tllillulw fut flit, i ow.c.l po. a o„s to be f filled ul a,t eleclio4 is equal to ,r less that 1 Letts', tun a lu be f .11etl u1 ul.lt elel.t.u,. thoae po a.tnts aItull ,,ut be holed Ore llee pi way En, gu Village eleiaio,t ballot. Single candidates. No election for Mayor or for any Seat shall be required in any election if there is only one duly qualified candidate for Mayor or for that Seat. The duly qualified candidate shall be deemed elected: Vii-) Absentee votes. Absentee voting will be permitted as provided by the laws of the State and under such conditions as may be prescribed by ordinance from time to time; provided, however, that no ordinance shall limit the right to vote by absentee ballot available under State law. Commencement of terms. The term of office of any elected official will commence seven (7) days following the day of the regular. runoff or special election at which s/he is elected. (Ord. No. 9248,' 1, 8-11-92/11-3-92; Res. No. 97-15, 4-1-97/6-10-97) Section 5.02. Initiative and referendum. Power to initiate and reconsider ordinances. (i) Initiative. The electors of the Village shall have power to propose ordinances to the Council and, if the Council fails to adopt an ordinance so proposed without any change in substance, to adopt or reject it at a Village election, provided that such power shall not extend to the annual budget or any ordinance appropriating money, levying taxes or setting salaries of ViIlagg, offlccls of .au,loyccJ. Council Appointees or Employees. The initiative power shall not be available to propose an ordinance which delays. prevents. changes the nature of. or otherwise affects the execution of a Capital Project unless proceedings with respect to the initiative are commenced within thirty (30) days after the date of adoption of the. 33 Capital Project Legislation. (ii) Referendum. (b) (A) The electors of the Village shall have power to require reconsideration by the Council of any, adopted ordinance and, if the Council fails to repeal an ordinance so reconsidered, to approve or reject it at a Village election, 'provided that such power shallnot extend to the annual budget or any ordinance appropriating money, levying taxes or setting salaries of Villask., vff1C 1a ,.11uilvy..uy Council Appointees or Employees. The referendum power described in t isisparagraph (;)(A) oft 1is-subsectiull (a%j shall not be available to regpire reconsideration of an ordinance authorizing a Capital Project or x the issuance of,debt unless proceedings': with respect to the referendum are commenced thirty(30) days after, the date of adoption of the ordinance. Notwithstanding anythingin paragraph (ii)(A) of this. subsection (a) to the contrary, the referendum power ,shall extend to any ordinance levying ad valorem taxes, pravicled that (1);the ,ordinance increases the Village rate above, five ,(5) mills, (2) proceedings with respect to the referendum are commenced within twenty (20) days after the date of adoption of the ordinance, anc1.(3) 'all petitions with respect to the referendum are filed within thirty (30,) days after the date of adoption of the ordinance. (B) Commencement of proceedings. A minimum of h.0 (10) forty (40) electors may commence initiative or referendum proceedings by jZ filing with the Clerk or other official designated by the Council an affidavit stating they will constitute the petitioners' committee and be responsible for circulating the petition and filing it in proper form, ("Petitioners' Committee"). (ii) stating their names andaddresses and specifying the address to which all notices to the can tmttec Petitioners' Committee are to be sent, and iii setting out in full the proposed initiative ordinance or citing the ordinance sought to be reconsidered. In addition. the Petitioners' Committee • shall submit the petition form to be used. which shall contain a brief description summarizing the proposed initiative ordinance or the ordinance sought to be reconsidered in plain language. and an unexecuted affidavit of circulator, prepared pursuant to paragraph (iii) of subsection (c). Promptly after the affidavit of the I,„ tit:on i, is Petitioners' Committee. the form of petition. and the unexecuted affidavit of circulator (collectively "Documentation") are filed, the Clerk or other, official designated by the Council. ;illay at.t11. .vw1,111tc s u.quwt suLu1lt t11. p.,tltTh a plok,os. d oldinaln c £. r revi. v: shall submit the Documentation to the Village Attorney for reviews at the Villages expense, as to legal sufficiency,by and legality of subject matter. If the Documentation is determined to be legally sufficient and of lawful subject matter,,the VillageAttomeya,l.Hos jial1, within ten business days of the Village Attorney's 'receipt of the Documentation so advise the Clerk ("Legal Sufficiency Notice") who shall issue the appropriate petition blanks to the petitioners` tnnl at tIL, wluuuttw5 .,eyf.,ua.r Petitioners} Committee. 34 Determination of legal insufficiency. If the Documentation is determined to be legally insufficient. the Village Attorney shall. within ten business days of the Village Attorney's receipt of the Documentation. propose revisions that respect the spirit and intent of the proposed initiative or referendum ("Proposed Revisions"). which the Clerk shall transmit to the Petitioners' Committee. If the Petitioners' Committee accepts the Proposed Revisions within ten business days of its receipt of the Proposed Revisions. the Proposed Revisions shall be incorporated into the Documentation. and the Documentation thus amended shall replace the initially proposed Documentation. The Clerk shall then issue the appropriate petition blanks to the Petitioners' Committee. If the Petitioners' Committee does not accept the corrections within ten business days., the Petitioners' Committee may redraft the Documentation, re -commence the proceedings. and file all Documentation with the Clerk in accordance with subsection (b) of this Section. al Determination of unlawful subject matter. In the event the subject matter of the petition is determined to be unlawful. the Village Attorney shall. within ten business days of receipt of the Documentation, issue an opinion addressed to the Petitioners' Committee setting forth the reasons for such determination and advising that the petition will not be processed further and that the petition blanks will not be issued. (i) Number of signatures. Initiative and referendum petitions must be signed by electors of the Village equal in number to at least ten fifteen percent (-1-0%)032/Q) of the total number of electors registered to vote at the last regular Village election. (ii) Form and content. All papers of a petition shall be assembled as one instrument of for filing. Fact signature shall be executed hi ink and shall be followed by the printed name and address of the person signing. Petitions shall contain or have attached thereto throughout their circulation the full text of the ordinance proposed or sought to be reconsidered. Thy pctitiou shall b., legally sufficient.. as well as a brief description summarizing such ordinance in plain language. (iii) Affidavit of circulator. Each papc. of a pct t.uu sl.ail l.avt .,i tacl..1 to it Upon filing of the petition. each page of the petition that contains one or more signatures shall have an affidavit executed by the circulator thereof attached to it. The affidavit shall state the name of the circulator, that s/he personally circulated the paper gut the number of signatures thereon on the page, that all the signatures were affixed in his/her presence, that s/he believes them to be the genuine signatures of the persons whose names they purport to be, and that each signer had an opportunity before signing to read the full text of the ordinance ,proposed or sought to be reconsidered. 35 (iv) Filing deadline, Except as otherwise provided in paragraph (ii)(B) of subsection (a) of this Section, all initiative and referendum) petitions musty be filed within sixty (60) days of the date t11 w11i..h iJ1 V... LL111�J wit111 Jill, t tV 6uvtr ilIifiativ1. V1 1, feiroirdttiir at c colnlncllccd. the Clerk issues the appropriate petition blanks to the Petitioners' Committee. (d) Procedure for filing. (i) Certificate of Clerk, amendment Within twenty (20) days after an initiative petition is filed or within five (5) days after a referendum petition is filed, the Clerk or other official designated. by the Council_ shall complete a Ccrtifica& ,as to its Egal certificate of ,suffciency,f'"Certificate") .specifying, if it, is insufficient, the particulars wherein• it iddefectivve and shall promptly senda copy of the Certificate to the pUitiulier,'..onanntec Petitioners.' Committee by certified=mail, return receipt requested(the-"CertiflcaL"). Grounds for insufficiency are only those specified in subsection (c) ofthis.Section. Apetitian,certified, insufftcient,for lack of the required numbers of valid Signatures may e intended once if the pctitio.1.13 �Vlllluitt.. Petitioners' Committee files amoticeofi itention.to amend,it with the Clerk or other officialOfficial,designatett by the Council within two (4,,busiiiesi day;r, after receiving the copy tthe Certificate and,filesra suppiemncntaiy eta n upon, additional papers within ten (10) days'afterrecei the cop ' of thichiCprtificate., Such supplementary petition/shall comply with the requirements of paragraphs (i) arid, (ii). and (iii) of subsection (c) of this Section, and within five (5) days after it is xis the clerk or other official designated by the Council shall complete aCertificate as to the legal sufficiency of the;petition,as amended,and promptly send a copy ofsuchkeertificate totheyetiti.;11..10wuiiiuttcc Petitioners' Committee by certified mali, retum receipt requested, as in the case of antorigins petition. If a(petition. or amended petition is certified sufficient, or if a petition or amended petition is certified'insufficient and the l Gti.,1i.1 .,l.ullitt.,., Petitioners' Cominittee does not elect to amend or request Council, review under paragraphd,(w) of this. subsectionw(d) within.tile time required, the Clerk or other official desigaa teii by it! Council,shafl prom al y presenthis/her Certificate to the Council and such Certificate shah l,then,be a 6a:determination as to the sufficiency of the petitionn.,.i. e (ii) Council review. If a petition has been certified in`suffit;ient ,4d ti.c pctlttollcls` cbiluiritt.... by the. Village pursuant to paragraph (0 of this subsection (dl. and the Petitioners' Committee.does;not,file notice of intention to amend it or if an amended petition has been, uert)fied nigiffidientrthetForamttee pursuant to parag rauh fit ofthis subsection the Petitioners' Committee may, within two (2) business days after receiving the py of such Certificate, flea request that it be reviewed by the Council. The rp shall review the Certificate at its next meeting follov ingthe filing of such regUe t and approve, ordiaapprove it, and the Council's determination shall then be a final enninat on as to the `hufiicietty of the petition. 36 (i) Action by Council. When an initiative or referendum petition has been finally determined sufficient, the Council shall promptly consider the proposed initiative ordinance or reconsider the referred ordinance by voting its repeal, all in the manner provided in Article IV. The repeal of an ordinance relating to the levy of ad valorem taxes shall be by resolution. If the Council fails to adopt a proposed initiative ordinance without any change in substance within forty-five (45) days or fails to repeal the referred ordinance within thirty (30) days (or, in the case of a referendum authorized pursuant to paragraph (ii)(B) of subsection (a) of this Section, within five (5) days after the date on which the petition is determined to be sufficient), it shall submit the p roposed o r referred o rdinance t o t he e lectors o f t he V illage. I f t he Council fails to act on a proposed initiative ordinance or a referred ordinance within the time period contained in this paragraph (i) of bubb.,,tiu.I (L) of this Sk.;tivit, the Council shall be deemed to have failed to adopt the proposed initiative ordinance or failed to repeal the referred ordinance on the last day that the Council was authorized to act on such matter. Submission to electors. The vote of the Village on a proposed or referred ordinance shall be held not less than thirty (30) or more than siAly (60) one hundred twenty (120) days from the date the Council acted or was deemed to have acted pursuant to paragraph (i) o f subsection (e) o f t his S ection tlrat t lac p etitio i oi 4s d ct‘rmincdk sufficientrif . If no election is to be held within the period described in this paragraph, the Council shall provide for a special election, except that the Council may, in its discretion, provide for a special election at an earlier date within the described period. Copies of the proposed or referred ordinance shall be made available at the polls. (iii) Withdrawal of petitions. An initiative or referendum petition may be withdrawn at any time prior to the fifteenth (15th) day preceding the day scheduled for a vote of the Village by filing with the Clerk or other official designated by the Council a request for withdrawal signed by at least eight -tenths (8/10) of the members of the Petitioners' Committee. Upon the filing of such request, the petition shall have no further force or effect and all proceedings thereon shall be terminated. Results of election. Initiative. If a majority of the qualified electors voting on a proposed initiative ordinance vote in its favor, it shall be considered adopted upon certification of the election results. If conflicting ordinances are approved at the same election, the one receiving the greatest number of affirmative votes shall prevail to the extent of such conflict.' (ii) Referendum. If a majority of the qualified electors voting on a referred ordinance vote against it, it shall be considered repealed upon certification of the election results. 37 (Ord. No. 92-18,' 1, 8-11-92/11-3-92; Ord. No. 97-11, ' 1, 4-8-97/6-10-97; Res. No. 97-15, 4-1-97/6- 10-97) [Note: Ord./Res. Nos. need to be added] Section 5.03. Form of ballots.. A Charter amendment, ordinance or other ballot issue to be voted on by the electors shall be presented for voting by ballot title. The ballot title ofa measure may differ from its legal title and shall be a clear, concise statement describing the substance of the measure without argument or prejudice. Below the ballot title shall appear the following question: "Shall the above described [amendment/ordinance/proposalj be adopted?" immediately below such question shall appear, in the following order, the word "YES" and also,the word "Na" (R's. No. 97-15, 4-1-9716-10-97) ARTICLE ;VI. • CHARTER AMENDMENTS Section 6.01. Charter Amendments, This Charter may be amended in accordance with the provisions of this Article. (Res. No. 97-15, 4-1-97/6-10-97) Section 6.02. Procedure to amend. (a) Initiation.. This Charter may be amended in two (2) ways: (b) (i) By ordinance. The Council may, by ordinance, propose amendments to this Charter and upon passage of the initiating ordinance shall submit the proposed amendment to a vote of the electors at the next general election held within the Village or at a special election called for, such purpose. (ii) By petition. The electors of the Village may propose amendments to this Charter by petition. Each petition proposing amendments to this Charter shall be commenced, in the form, filed, certified as to its sufficiency and/or withdrawn in the same manner as an ordinance proposed by initiative pursuant to Section 5.02. except that the Petitioners' Committee need only collect signatures from ten percent(10%) of the total number of electors registered to vote at the last regular Village election. Submission to electors. Upon certification of the sufficiency ofa petition, the Council shall submit theproposed amendment to a vote of the electors at the next general election if such election is scheduled to be held not less than sixty (60) days or more than one hundred twenty (120) days from the date on which the petition was certified or at a special election called for such purpose. A special election, ,if necessary, shall be held not less than sixty (60) days or more than ninety (90) days from the date on which the petition was certified sufficient. 38 0 Results of election. If a majority of the qualified electors voting on a proposed amendment vote for its adoption, it shall be considered adopted upon certification of the election results. If conflicting amendments are adopted at the same election, the one receiving the greatest number of affirmative votes shall prevail to the extent of such conflict. (Ord. No. 92-18,' 1, 8-11-92/11-3-92; Res. No 97-15, 4-1-97/6-10-97) Section 6.03. Form of ballot Any charter amendment ballot issue to be voted on by the electors shall be presented on the ballot in the form required by Section 5.03. (Res. No. 97-15, 4-1-97/6-10-97) ARTICLE VII. GENERAL PROVISIONS* *Code reference —General provisions, ch. 1. Section 7.01. No casino gambling. There shall be no casino gambling within the Village; provided, however, that nothing herein shall prevent religious, educational or charitable organizations from holding occasional events which feature games of chance which are not otherwise prohibited by State or County law. es. No. 97-15, 4-1-97/6-10-97) Section 7.02. Severability. If any section or part of section of this Charter shall be held invalid by a court of competent jurisdiction, such holding shall not affect the remainder of this Charter or the context in which such section or part of section so held invalid may appear, except to the extent that an entire section or part of section maybe inseparably connected in meaning and effect with the section or part of section -to which such holding shall directly apply. (Res. No. 97-15, 4-1-97/6-10-97) Code reference-Severability of Code,' 1-13. Section 7.03. Conflicts of interest; ethical standards. All Comical lV hbc�s, u1Lcial a,.1 cnip uy..,.c Elected Officials. Council Appointees, and Ednployees'of the Village shall be subject to the standards of conduct for public officers and employees set by law. In addition, the Council may, by ordinance, establish a code of ethics for Council 1vi,....bcia, off...iala and cnsployc..0 of the Village. its ` Elected Officials. Council Appointees! and Employees. 39 Without in any way limiting. the generality, of the foregoing, no lu. uiLc. of ll.. Elected Official have a financial interest, direct or indirect, or by reason of ownership of stock or other equity ownership hi any corporation or entity, in any contract or in the sale to the Village or to a contractor supplying the Village of any land or rights or interests in any land, material, supplies, or services unless, after MI disclosure to the Council of the nature and extent of such interest, the same is authorized by"the -Council' before the event or accepted and ratified by the Council after the event. No...a..bc. ofth., Council Elected Official who possesses such a financial interest shall vote on, or participate in the Council deliberations concerning, any such contract or sale if such interest is more than a de mimnus interest. Any violation of this Section with the knowledge. oftheperson orentitycontracti g-withtheVillageshallrenderthecontractvoidablebytheCouncil. (Ord. No. 92-18,' 1, 8-11-92/11-3-92; Res. No. 97-15, 4-1,97f6-10-97) Code reference —Village Council, ' 2-21 et seq. Section 7.04. Village personnel system; merit principle. All new employments, appointments and promotions of Villasc officw.s and c.nplor.o Employees shall be made pursuant to personnel procedures to be established by the Manager from time to time. Such personnel procedures shall be based on principles of merit and fitness. (Res. No. 97-15 4.1-97/6-10-97) Section 7.05. Grants and charitable contributions:_ The Village shall not make any grants or charitable contribution to any person or entity, except such grants or contributions as have been approved by the affirmative vote of a majority plus one of the entire Council. '(Ord. No. 92-18,' 1 8-11-92/11-3-92; Res. No. 97-15, 4-1-97/6-10-97) Section 7.06. Charter revision. At its first regular meeting in December of every fifth (5th) year after the adoption of this Charter, commencing with December 1996, the Council shall appoint a Charter revision commission (the "Charter Revision Commission") consisting of five (5) persons, one: (1) of whom shall be a member ofthe-eouneil-serting-a-seeend-consecutive-terrrras Council Member and four (4) of whom shall be electors of the Village. In the eventthat the appointed Council Member is unable or unwilling to serve on the Charter Revision Commission, theCouncil shall appoint tu t1. -.. viuvu wuu.uaciuu uui. (1) Cuuuvii M. ,nLc. An elector of the Village in his/her place. The Mayor shall not be eligible for appointment to. the Charter. Revision Commission;; The Charter Revision Commission shall commence its proceedings within forty-five (45) days after appointment by the Council. If the Charter Revision Commission determines that a revision is needed, it shall draft such amendments to this Charter as it deems appropriate and submit the same to the Council not later than April 1 of the year following appointment. The report of the Charter Revision Commission may grant to the Council the option of placing the proposed amendments on the ballot for the next sche • flied election. Otherwise, the 40 Council shall, not less than thirty(30) sixty (601 days or more than biAt j (60) ninety (901 days after submission of the proposed amendments to the Council, submit them to the electors of the Village in accordance with the provisions of Section 6.02, except that the provisions of subsections (a) and (b) of such Section shall not apply. (Ord. No. 92-18,' 1, 8-11-92/11-3-92; Res. No. 97-15, 4-1-97/6-10-97) Section 7.07. Variation of pronouns: singular/plural: All pronouns and any variation thereof used in this Charter shall be deemed to refer to masculine, feminine, neutral, singular or plural as the identity of the person or persons shall require and are not intended to describe, interpret, define or limit the scope, extent or intent of this Charter. When a term is defined. the singular includes the plural, and the plural includes the singular, as the context requires. (Res. No. 97-15, 4-1-97/6-10-97) ARTICLE VIII. TRANSITION PROVISIONS* *Editor's note —The former sections of the Charter printed in this note, with their history, have become ineffective and no longer a part of the Charter, pursuant to section 8.01 of the Charter, since the implementation of each such section has been accomplished. Set out herein are former sections 8.02, 8.05, 8.06, and bubb...,t;u..b (..)O(;ii) and (6) of b.,.,tiou 8.07: Section 8.02. Interim governing body. After adoption of this Charter but prior to the election and acceptance of office of the first elected Village Council, the governing body for the Village shall be the Dade County Board of County Commissioners. In acting as the governing body for the Village during this interim period, the Dade County Board of County Commissioners shall not make decisions which could reasonably be postponed until the election of the Village board of trustees or which would materially alter or ""affectthe status quo within the Village boundaries. (Ord. No: 92-18,' 1, 8-11-92/11-3-92) Section 8.05. Fiscal year and first budget. The first fiscal year of the Village shall commence on the effective date of this Charter and shall end on September 30, 1992. The first budget shall be adopted on or before October 30, 1991. Section 8.06. Transitional ordinances and resolutions. The Council shall adopt ordinances and resolutions required to effectthe transition. Ordinances adopted within sixty (60) days after the first Council meeting may be passed as emergency ordinances. These transitional ordinances shall be effective for no longer than ninety (90) 41 days after adoption, and thereafter may be readopted, renewed or otherwise continued .only in the manner normally prescribed for ordinances. (Ord. No. 92-18,' 1, 8-11-92/11-3-92) Section 8.07. Initial election of ,Council and Mayor. (a) Transition. This Section shall apply to all. primary and regularelections for Council and Mayor held on or before December 31, 1996[,) and any conflicting provisions of Section 5.01 shall notapplyto such elections. (b) Election dates: The first Village primary, election shall be held. on September 3, 1991. Primary elections shall also be held in 1.993 and 1994 on the day of the second State primary election, or if none are held in any such year, on the first Tuesday following the first Monday of October: The first Village regular election shall be held on September 17, 1991. Regular elections shall also be held in November of 1993 and 1994 on the same day U.S. congressional elections are held, or if none are held in any year, on the first Tuesday following the first Monday of said month and year. (c) 1991 elections. The primary and regular elections in 1991 shall be held pursuant to the procedures set forth in Section 2.03 and Section 5.01(d) and (e), except as follows: (i) only those candidates will qualify for election who have filed written notice of candidacy for Council Member or Mayor (but not both) with the Dade County Elections Department, which notice is received before 5:00 p.m., August 5, 19911,1 and which notice shall:. (A) indicate whether the candidate seeks the office of Council Member or Mayor, (B) contain the candidate's certification that he is a qualified elector of the State of Florida, is registered to vote in the Village and has resided continuously within the Village since August 5, 1990; (C) contain or be accompanied by such other information or statement, if any, as may be required by the Dade County Elections Department; (D) be signed by the candidate and duly notarized; and (E) be accompanied by a check payable to the Dade County Elections Department in the amount of $100.00; 6i) there will be six (6), rather than three (3), Council positions to be filled; (iii) the number of candidates on the regular election ballot will be twelve (12), rather than six (6); or a lesser number equal to two (2) times the number of Council positions to be filled, if any candidates were duly elected to the Council in the primary; 42 0 (iv) the Mayor will be elected to a two (2) year term expiring in 1993; (v) the three (3) duly elected Council Members receiving the most votes, respectively, will be elected to three (3) year terms expiring in 1994; for purposes of this provision, any Council Member duly elected in the primary will be considered to have received more votes than any Council Member elected in the regular election; and (vi) the three (3) remaining duly elected Council Members will be elected to two (2) year terms expiring in 1993. (d) 1993 elections. The primary and regular elections in 1993 shall be held pursuant to the procedures set forth in Section[s] 2.03, 2.04 and Section 5.01(d) and (e), except as follows: (i) the Mayor will be elected to a three (3) year term expiring in 1996; and (ii) the three (3) duly elected Council Members will be elected to a three (3) year term expiring in 1996. (e)1994 elections. The primary and regular elections in 1994 shall be held pursuant to the procedures set forth in Section 2.03 and Section 5.01(d) and (e). In Maximum terms. Notwithstanding Section 2.03. any Council Member (including the Mayor) elected in the 1991 election may serve for a maximum of nine (9) consecutive years on the Council, and the Mayor elected in 1991 or 1993 may serve for a maximum of five (5) a consecutive years as Mayor. (g) induction into office. Those candidates who are elected at the first regular election shall take office at the initial Council meeting, which shall be held at 7 p.m. on September 23, 1991[,] at the Key Biscayne Elementary School. (Ord. No. 92-18,' 1, 8-11-92/11-3-92; Res. No. 97-15, 4-1-97/6-10-97) Section 8.01. Temporary nature of Article. The following sections of this Article are inserted solely for the purpose of effecting the incorporation of the Village and, the transition to a new municipal government. and the transition to a five -member Council. two-year terms and Seats for Council Members. Each section of this Article shall automatically, and without fiuther vote or act of the electors of the Village, become ineffective and no longer a part of this Charter at such time as the implementation of such section has been'aw,complished. (Res. No. 97-15, 4-1-97/6-10-97) 43 Section 8.04. Taxes and fees. Until otherwise modified by the Vi11agg, Council, allmunicipal taxes and fees imposed within the Village boundaries by the County as the municipal government for unincorporated Dade County, which taxes and fees are in effect on the date of adoption of this Charter, shall continue at the same rate and on the same conditions as if those taxes and feeshad been adopted and assessed by the Village. (Ord. No. 92-18,' 1, 8-11-92/11-3-92; Res. No. 97-15; 4-1-97/6-10-97) Section 8.07. Initial thctie.. „ f Cmum; aml-Mayei ycaia as yua. , , - , - 8.08. Transition provisions to facilitate change to two-year terms; five -member Council. Seats. L! L Transition. This Section shall apply to all elections for Council Members held in 2002. Any conflicting provisions of Sections 2.04 and 5.01 shall not apply to such elections. Seats. Upon approval of the Charter amendments by the electors of the Village, the title of the various Council positions shall be changed to reflect the following. u The Council position currently held by Council Member Martha Fernandez -Leon Broucek shall be deemed to be Seat 1. ii The Council position currently held by Council Member Mortimer Fried shall be deemed tote Seat 2. tiff) The Council position currently held by Council Member James L. Peters shall be deemed to be Seat 3. (iv) Seat 4 shall be deemed open and shall not be filled until the conclusion of the 2002 election. 0 Let 2002 Elections. Elections shall be held in 2002 in the manner described in Section 5.01. except that only Seat 4 shall be filled. The Council Member elected shall serve a two (2) year term in Seat 4. Thereafter all elections shall be held pursuant to the procedures set forth in Section 2.04 and Section 5.01. Section 6. The County registration books shall remain open at the Office of the Miami -Dade County Supervisor of Elections until June 10, 2002, at which date the registration books shall close in accordance with the provisions of the general election laws. Section 7. The Miami -Dade County Supervisor of Elections is hereby authorized to take all appropriate actions necessary to carry into effect and accomplish the provisions of this Resolution. Section 8. This special election shall be canvassed by the County Canvassing Board in accordance with the provisions of the general election laws: Section 9. That copies of this Resolution and the Report proposing the Charter amendments are on file in the office of the Village Clerk located at 85 West McIntyre Street, Key Biscayne, Florida, 33149, and are available for public inspection during regular business hours. Section 10. T hat if a m ajority o f t he qualified e lectors v oting 011 a proposed Charter amendment vote for its adoption, it shall be considered adopted and effective upon certification of the election results. If conflicting amendments are adopted at the same election, the one receiving the greatest number of affirmative votes shall prevail to the extent of such conflict. Section 11. That in the event that some, but not all, of the Charter amendments are approved by the electors, conforming amendments shall be deemed to be adopted and the Village Attorney is authorized to revise the Charter, including the provision of transitional provisions, to the extent necessary to assure that all amendments adopted conform to one another. Section 12. Thateach of the Charter amendments which are approved by the electors shall be applied prospectively only. Further, those Charter amendments proposed in items "2," "5," and "7" of Section 4 of this Resolution shall be effective in accordance with the transition provisions related thereto and shall not operate to affect the existing term of office of any Council Member. Section 13. If amendment item "14" in Section 4 is approved, but amendment item "7" in Section 4 is not approved, the Charter text applicable to amendinent "14" shali be revised to. implement the election system reform envisioned by amendment "14," including the elinunation of the primary election, but shall not include provisions concerning seats. 45 Section 14. Resolution No. 2002-17, on the same subject matter, is hereby repealed and superceded by this Resolution, in order to revise the election date. Section 15. That this Resolution shall become effective upon its adoption. PASSED AND ADOPTED this 30th day of April, 2002. CONCHTPA H. ALVAREZ, CMC, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: RICHARD JAY WEISS, VILLAGE ATTORNEY 103001\resolutians\repealing mail ballot reso. no. 2002-17 to revise election date, MAYOR TOE aL RASCO 46 RESOLUTION NO. 2002-21 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, CALLING A SPECIAL ELECTION ON THE PROPOSED AMENDMENTS TO THE VILLAGE CHARTER TO BE HELD ON TUESDAY, JULY 9, 2002, BY MAIL BALLOT PROCEDURE; PROVIDING FOR SUBMISSION TO THE ELECTORS FOR APPROVAL OR DISAPPROVAL THE CHARTER AMENDMENTS RECOMMENDED BY THE KEY BISCAYNE CHARTER REVISION COMMISSION PURSUANT TO FINAL REPORT OF APRIL 2002; PROVIDING FOR REQUISITE BALLOT LANGUAGE; PROVIDING FOR PROCEDURE FOR MAIL BALLOTING; PROVIDING FOR NOTICE; REPEALING AND SUPERCEDING RESOLUTION NO. 2002- 17 ON THE SAME SUBJECT MATTER TO REVISE ELECTION DATE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Miami -Dade County. Charter Section 5.03 and Village Charter Section 7.06, the Key Biscayne Charter Revision Commission issued its Final Report of April 2002 (the "Report"), concerning necessary revisions to the Village Charter and has drafted the appropriate amendments to the Village Charter for submission to the electors; and WHEREAS, in accordance with Section 7.06 of the Village Charter, the Village Council is required to submit the proposed amendments to the electors of the Village. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. That a special election is hereby called for Tuesday, the 9th day of July, 2002 to present to the electors of the. Village of Key Biscayne (the "Village") each of the ballot questions provided in Section 4 of this Resolution. Section 2. That mail ballots, as prescribed by Sections 101.6101-101.6107, Florida Statutes, shall be used in this special election. All qualified electors residing within the Village who are timely registered shall be entitled to vote. Section 3. That notice of said election shall be published in accordance with Section 100342, Florida Statutes, in a newspaper of general circulation within the Village at least 30 days prior to said election, the first publication to be in the fifth week prior to the election; and the second 1 publication to be in the third week prior to the election, and shall be in substantially the following form: "NOTICE OF SPECIAL ELECTION PUBLIC NOTICE IS HEREBY GIVEN THAT PURSUANT TO THE :APIrIL 2002 F IN L R EPORT 0 F' THE KEY B ISCAYNE CHAR1bR REVISION COMMISSION AND AN' ENABLING RESOLUTION DULY ADOPTED BY TIIE VILLAGE COUNCIL OF AjjE VITJLAGE OF KEY BI CAVNE, FLO A. (TBE 'iVILLXek °AN• ELEL°I JOI HAS BEEN CALLPi7` AMID ORDERED, TO BE °HEJ - SHINY THE . VTt I AGES' ON TIUESDAY, `7I7 ;Y 9, 2002, BY MAIL B?iI LAT,'AT IICH TIME THEFOLLOWINGCI ARTER1AMENDMENT`PROP0Sf•TIdNS SUB i TED TO THE QUALIHEU ELECTORS=OF THEFrII L Ar1F. Those certain 23 proposed amendments to the Village Charter as described in the April 2002 Final Report of the Key Biscayne Charter Revision -Commission, which proposal&are-commonly referred to by the following ballot titles: 1. Technical; And Stylistic Amendments 2. Reduction Of Size Of Village -Council.. 3. Role of Village Council In Connection With Certain Duties Of the Mayor And Manager 4. Procedure For Appointment Of Members Of Village Boards 5. Reduction Of Council Member Tenn Of Office 6. Length Of Service As Mayor 7. Providing For Election Of Council By Seats 8. Candidates Must Be Registered Voter Of Village For At Least One year Prior To Quabf ig 9. Reimbursement For Expenses 10. Election Communications 11. Definition And Procedures Applicable To Capital Projects Of The Village 12. Tinre,Liinit On Initiative And Referendum Proceedings Concerning Capital Projects` 13. Village Code, Ordinances And Resolutions 14. Procedure For Election Of Mayor And Village Council Members 15. Number " Of Electors Required For Petitioners' Committee In Initiative, Referendum And Charter Amendment Process 16. Percei.tage,Of Electors Signatures Required For Initiative And Referendum. Petitions 17. Plain Language Summary Required For Initiative, Referendum, And Charter Amendment Petitions 2 0 0 18 Creating Pre -Clearance Requirement For Legal Sufficiency Of Initiative, Referendum And Charter Amendment Petitions 19. Time For Submission Of Initiative Or Referendum Petition Measures To The Electors 20. Reduction Of Time For Submittal Of Charter Amendments To Voters 21. Grants And Charitable Contributions 22. Charter Revision Commission 23. Revision To Timetable For Election On Recommendations Of Charter Revision Commission The full text of the proposed Village Charter amendments, and the enabling Resolution for this election are available at the Office of the Village Clerk, located at 85 West McIntyre Street, Key Biscayne, FL 33149. Village Clerk Section 4. That the form of ballot for each of the proposed Charter amendments shall be as llows 1. TECHNICAL AND STYLISTIC AMENDMENTS It has been proposed that the Charter of the Village of Key Biscayne be amended to reflect non -substantive stylistic and technical changes made for clarity, including the insertion of defined words and the consistent usage of terms, along with any amendments needed for conformity and consistency of Charter amendments. Shall the above described amendment be adopted? Yes [ ] No [] 2. REDUCTION OF SIZE OF VILLAGE COUNCIL The Village Charter currently provides for the Council to consist of seven persons, and establishes Council voting requirements based on that number. It has been proposed that the Charter be amended to reduce the Council to five persons. Shall the above described amendment be adopted? Yes [ ] No [ ] 3 3. ROLE OF VILLAGE COUNCIL IN CONNECTION WITH CERTAIN DUTIES OF THE MAYOR AND MANAGER It has been proposed that the Charter be amended to: (1) require Council consent for the Mayor to represent the Village in dealings with other govermnental entities; (2) provide that the Mayor shall present an annual budget message after approval of the budget by the Village Council; (3) provide for the Manager to fast obtain input from the Council before preparing the proposed annual budget and capital program. Shall the above described amendment be adopted? Yes [] 4. PROCEDURE FOR APPOINTMENT OF MEMBERS OF VILLAGE BOARDS The Village Charter currently provides for the Mayor to appoint members of Village boards with Council approval, but does not provide a procedure for appointments. It has been proposed that the Charter be amended to provide a specific procedure for the Mayor to appoint members of Village boards, subject to ratification by the Council; including the solicitation of recommendations for appointments from Council Members. Shall the above described amendment be adopted? Yes [] No [ 5. REDUCTION OF COUNCIL MEMBER 1'ERM OF OFFICE The Village Charter currently provides for Council Members, other than the Mayor, to be elected for four-year terms. It has been proposed that the Charter be amended to provide for Council Members to be elected for two-year terms. The total number of consecutive years a Council Member may serve remains eight years. Shall the above described amendment be adopted? Yes [ ] No [] 4 6 LENGTH OF SERVICE AS MAYOR The Village Charter currently provides that no person shall serve as Mayor for more than two consecutive two-year terms totaling four consecutive years. It has been proposed that the Charter be amended to enable a person to serve as Mayor for up to four consecutive two-year terms totaling eight consecutive years. Shall the above described amendment be adopted? Yes [] No [ ] 7. PROVIDING FOR ELECTION OF COUNCIL BY SEATS The Village Charter currently provides for Council candidates to run at -large without the designation of a specific seat. It has been proposed that the Charter be amended to provide for: (1) the election of each Council Member to an at - large designated seat; and (2) an extended qualifying period if no candidates qualify for a particular seat. The proposed seats do not represent any specific geographic area. Shall the above described amendment be adopted? Yes [ No [] 8. CANDIDATES MUST BE REGISTERED VOTER OF VILLAGE FOR AT LEAST ONE YEAR PRIOR TO OIJALIFYING The Village Charter currently requires that electors of the Village reside in the Village for o ne year prior to filing to run for Village Council. It has been proposed that the Charter be amended to also require that candidates for Village Council be a registered voter of the Village for at least one year prior to filing to run for Village Council. Shall the above described amendment be adopted? Yes [ ] No [ ] 5 9.. REIMBURSEMENT FOR EXPENSES The Village Charter currently provides for the Mayor and Council Members to receive reimbursement for authorized travel and per diem expenses. It is proposed that the Village Charter be amended to provide for the Mayor and Council Members to receive reimbursement for any authorized expenses incurred in the performance of their official duties. Shall the above described amendment be adopted? Yes [ ] No [ ] 10. ELECTION COMMUNICATIONS The Village Charter currently does not contain any provision addressing expenditures for advocating the Village's position in elections concerning initiative, referendum or Charter amendments. It has been proposed that the Charter be amended to include provisions and procedures concerning election communication expenditures, by which the Council would provide for the public to be fairly informed of both Council majority and minority positions. Shall the above described amendment be adopted? Yes [ ] No [ ] 11. DEFINITION AND PROCEDURES APPLICABLE TO CAPITAL PROJECTS OF THE VILLAGE The Village Charter currently does not contain a definition and detailed procedures concerning capital projects. It has been proposed that the Charter be amended to provide: (1) a definition of capital projects; and (2) require capital projects in excess of $500,000. to be approved by ordinance, with notice to the public prior to second reading. Shall the above described amendment be adopted? Yes [ ] No [ ] 0 0 12. TIME LIMIT ON INITIATIVE AND REFERENDUM PROCEEDINGS CONCERNING CAPITAL PROJECTS The Village Charter currently does not contain a time limit on initiative and referendum proceedingsrelating to Capital Projects. It has been proposed that the Charter be amended to require that initiative and referendum proceedings relating to Capital Projects be commenced within 30 days of adoption of Capital Project legislation. Shall the above described amendment be adopted? Yes [ ] No [ ] 13. VILLAGE CODE, ORDINANCES AND RESOLUTIONS The current Village Charter provides that ordinances, codes and resolutions of the Village or Miami -Dade County, in effect as of April 1, 1997, remain in effect, except as modified by the Village: It has been proposed that the Charter be amended to provide that such ordinances, resolutions and codes in effect as of May 1, 2002, shall remain effective, except as modified by the Village. Shall the above described amendment be adopted? Yes [ ] No [ ] 14. PROCEDURE FOR ELECT ION OF MAYOR AND VILLAGE COUNCIL MEMBERS The current Village Charter generally provides for an election system, which includes primary, regular and run-off elections. It is proposed that the Charter be amended to eliminate the primary election and provide for a regular election, with a two -person run-off election being held only if no candidate receives greater than 50% of the ballots cast for a seat or for the Office of Mayor. Shall the above described amendment be adopted? Yes [ ] No [ ] 15. NUMBER OF ELECTORS REQUIRED FOR PETITIONERS' COMMITTEE IN INITIATIVE. REFERENDUM AND CHARTER AMENDMENT PROCESS The current Village Charter provides that a minimum of ten electors may commence initiative, referendum : or Charter: amendment- proceedings as a Petitioner's" Committee. It has been proposed that the Charter be amended to provide that a minimum of forty electorsof the Village shall be necessary in order to continence initiative, referendum or Charter amendment proceedings. Shall the above described amendment be adopted? Yes [ ] No [ ] 16. PERCENTAGE OF ELECTORS SIGNATURES REQUIRED FOR INITIATIVE AND REFERENDUM PETITIONS The current Charter provides that initiative and referendum petitions must be signed by at least 10% of registered Village electors. It has been proposed that the Charter be amended to provide that initiative and referendum petitions must be signed by at least 15% of registered Village elector& This revision shall not apply to Charter amendments, the requirement for which shall remain at 10% as required by County Charter: Shall the above described amendment be adopted? Yes [ ] No [] 17. PLAIN LANGUAGE SUMMARY REQUIRED FOR INITIATIVE. REFERENDUM AND CHARTER AMENDMENT PETITIONS The current Village Charter provides that initiative, referendum, and Charter amendment petitions provide the full text of the ordinance proposed or sought to be reconsidered, but does not specify that a brief description summarizing such ordinance be provided. It has been proposed that the Charter be amended to provide that such petitions shall also include a brief description summarizing such ordinance in plain language. Shall the above described amendment be adopted? Yes [ ] No [ ] 8 18. CREATING PRE -CLEARANCE REQUIREMENT FOR LEGAL SUFFICIENCY OF INITIATIVE. REFERENDUM AND CHARTER AMENDMENT PETITIONS The current V illage C harter r equires t hat i nitiative, r eferendum and Charter amendment petitions be legally sufficient, but does not provide a mandatory legal review process. It has been proposed that the Charter be amended to provide for mandatory pre -circulation review by the Village Attorney at Village expense for the legal sufficiency of initiative, referendum and Charter amendment petitions, and extends the petition filing deadline. Shall the above described amendment be adopted? Yes [ ] No [ ] 19. TIME FOR SUBMISSION OF INITIATIVE OR REFERENDUM PETITION MEASURES TO THE ELECTORS The current Charter provides that an election on a measure proposed by initiative or referendum p etition s hall b e held between thirty and sixty days after the Council acts on a petition. It has been proposed that the Charter be amended to provide for such time period to be not less than thirty days and not more. than 120 days, to facilitate compliance with notification requirements of State law. Shall the above described amendment be adopted? Yes [] No [ ] 20. REDUCTION OF TIME FOR SUBMITTAL OF CHARTER AMENDMENTS TO VOTERS The current Village Charter provides that if a special election is held for submittal of Charter amendments to the electors, it shall be held not more than 120 days from certification of the petition. It has been proposed that the Charter be amended to provide that the special election shall be held no more than ninety days from the date the petition was certified sufficient. Shall the above described amendment be adopted? Yes [ ] No [ ] 9 21. GRANTS AND CHARITABLE CONTRIBUTIONS The current Village Charter provides that the Village shall not make any grant or charitable contribution unless approved unanimously by all elected officials. It has been propose that the Charter be revised to provide that grants or charitable contributions may be remade by the Village if approved by the affirmative vote of a majority plus one of the entire Council Shall the above described amendment be adopted? Yes [ j No [] 22. CHARTER REVISION COMMISSION The current Charter requires that one member of the Charter Revision Commission shall be a Council Member serving a second consecutive Council term. It has been proposed that the Charter be revised to allow any Council Member to serve and to provide that an additional Village elector shall be appointed if a Council Member is unable or unwilling to serve on the Commission, Shall the above described amendment be adopted? Yes No [] t] 23. REVISION TO TIMETABLE FOR ELECTION ON RECOMMENDATIONS OF CHAR ER REVISION COMMISSION The current Village Charter provides for an election on the Charter Revision Commission's proposed Charter amendments not less than thirty days or more than sixty days after submission of proposed amendments by the Charter Revision Commission. It has been proposed that, the Charter be amended to expand this time period to not less than sixty days and no more than ninety days, for conformity with the County Charter. Shall the above described amendment be adopted? Yes [ ] No j ] 10 Section 5. That the full text of the proposed Charter amendments, as set forth in the Report, is to amend the Village Charter by adding the new matter underlined and deleting the matter struck through, as follows: 8 Copyrighted. Municipal Code Corp., affiliated Municipality. 1999. PART I CHARTER* *Editor's note —Printed herein is the Municipal Charter of the Village of Key Biscayne, as adopted by the voters on June 18, 1991. Amendments to the Charter are indicated by parenthetical history notes following amended provisions. The absence of a history note indicates that the provision remains unchanged from the original Charter. Obvious misspellings have been corrected without notation. For stylistic purposes, a uniform system of headings, catchlines and citations to state statutes has been used. Additions made for clarity are indicated by brackets_ Notes from 1997 Charter Revision Commission. The following are notes which are included in the Charter as directed by the -199-7 Charter Revision Commissions of 1997 and 2002. 1. For historical purposes, the Con,:th, Committee wishes to note the following. The members of the original Charter Committee were as follows: Luis Lauredo, Chair Betty Sime, Vice Chair Roberto Cambo, Member Michael Hill, Member Ed Sawyer, Member The Reporter was Hugh O'Reilly and the attorney was Stuart Ames. 2. The Charter Revision Commission of 1996--97 was appointed by the Village Council on December 10, 1996 and met during the early months of 1997 to review the Village Charter. The members of the Charter Revision Commission were as follows: Betty Sime, Chair Michael Kahn, Vice Chair Paul Auchter, Member Martha Broucek, Member 11 Ron Drucker, Member The Clerk was Conchita H. Alvarez, the Manager was C. Samuel Kissinger and the attorneys were Richard Jay Weiss, Stephen J. Helfinan and Nina L. Boniske. As a result of' those meetings, 25 amendments were proposed to the electorate. Of the 25 amendments proposed, 23 were approved by the electorate on June 10, 1997. The Village Council proposed 3 additional amendments, only one of which was approved by the electors on June 10, 1997. The Charter below reflects election on December 4, 2001., endments to Sections 4.10 and 5.02 approved at a general 3. The Charter Revision Commission of 2001-02 was appointed by the Village Council on November 13, 2001 (as ratified on January 15, 2002) and met during the early months of 2002 to review the Village Charter. The members of the Charter Revision Commission were as follows: Martha F. Broucek, Chair Michael A. Kahn, Vice Chair Stuart D. Ames, Member Dr. Michael E. Kelly. Member Luis Lauredo. Member The Clerk was Conchita H. Alvarez, the Manager was C. Samuel Kissinger and the attorneys were Richard Jay Weiss and Tony L. Recio. As a result of those meetings. 23 amendments were proposed to the electorate. Of the 23 amendments proposed. were approved by the electorate on f 12 Article L Corporate Existence, Form of Government, Boundary and Powers Sec. 1.01. Corporate existence. Sec. 1.02. Form of govemment. Sec. 1.03. Corporate boundary/MAP. Sec. 1.04. Powers. Sec. 1.05. Construction. Sec. 1.06. Capitalization. Article II. Village Council; Mayor Sec. 2.01. Village Council. Sec. 2.02. Mayor and-Viceisolayar. Sec. 2.03. Vice Mayor. Sec. 2.04. Election and term of office; Seats. Sec. 2.84 2.05. Qualifications. Sec. 2.05 2.06. Vacancies; forfeiture of office; filling of vacancies. Sec. 2.0& 2.07. Recall. Sec. 2.07 2.08. No compensation; reimbursement for expenses. Article III. Administrative Sec. 3.01. Village Manager. Sec. 3.02. Appointment; removal; compensation. Sec. 3.03. Powers and duties of the Village Manager. Sec. 3.04. Village Clerk. Sec. 3.05. Village Attorney. Sec. 3.06. Village code of administrative regulations. Sec. 3.07. Expenditure of Village funds. 13 Sec. 3.08. Competitive bid requirement. Sec. 3.09. Removal of Council Appointees. Article IV. Legislative Sec. 4.01. Council meeting procedure. Sec. 4.02. Prohibitions. Sec. 4.03. Action requiring an ordinance. Sec. 4.04. Emergency ordinances. Sec. 4.05. Annual budget adoption. Sec. 4.06. Fiscal year. Sec. 4.07. Appropriation amendments during the fiscal year. Sec. 4.08. Authentication, recording and disposition of ordinances; resolutions and charter amendments. Sec. 4.09. Tax levy. Sec. 4.10. Borrowing. Sec. 4.11. Revenue Sharing. Sec. 4.12. Village Boards. Sec. 4.13. Village Code, O,d;nanecs anthResolutions ordinances and resolutions. Sec. 4.14. Special Assessments. Article V. Elections Sec. 5.01. Elections. Sec. 5.02. Initiative and referendum. Sec. 5.03. Form of ballots. Article VI. Charter Amendments Sec. 6.01. Charter Amendments. 14 Sec. 6.02. Procedure to amend. Sec. 6.03. Form of ballot. Article VII. General Provisions Sec. 7.01. No casino gambling. Sec. 7.02. Severability. Sec. 7.03. Conflicts of interest; ethical standards. Sec. 7.04. Village personnel system; merit principle. Sec. 7.05. Grants and Cl m itablu charitable contributions. Sec. 7.06. Charter revision. Sec. 7.07. Variation of pronouns: singular/plural. Article VIII. Transition Provisions Sec. 8.01. Temporary nature of Article. Sea 8.04. Taxes and fees. Sec. S.07. Lhtial tLction of Coum...l a.,d Iblaye,. 8.08. Transition provisions to facilitate change to two-year terms: five -member Council; Seats. 15 ARTICLE I. CORPORATE EXISTENCE, FORM OF GOVERNMENT, BOUNDARY AND POWERS Section 1.01. Corporate existence. A municipal corporation known as Village of Key Biscayne (the "Village") is hereby created pursuant to the Constitution of the State of Florida (the "State") and the Home Rule Charter of Metropolitan Dade County (the "County"). The corporate existence of the Village shall commence upon the adoption of this Chatter (the or this "Charter"). (Res. No. 97-15, 4-1-97/6-10-97) Section 1.02. Form of government. The Village shall have a "Council -Manager" form of government. (Res. No. 97-15, 4-1-97/6-10-97) Section 1.03. Corporate boundary/MAP. The corporate boundary of the Village shall be as follows: BEGIN, at the point of intersection of the West line of Crandon Boulevard with the South line of Crandon Park, said point of intersection also being the Northeast corner of Tract 1 of SUBDIVISION OF. A PORTION OF MATHESON ESTATE, KEY BISCAYNE, DADE COUNTY, FLORIDA, according to the plat thereof recorded in Plat Book 46 at Page 86 of the Public Records of Dade County, Florida; thence am Westerly along said South line of Crandon Park, also being the North line of said Tract 1 and its Westerly extension to a point in the waters of Biscayne Bay, said point being 1,200 feet Westerly of the most Northwesterly corner of Tract B of FOURTH ADDITION TO TROPICAL ISLE HOMES SUBDIVISION, according to the plat thereof recorded in Plat Book 53 at Page 39 of the Public Records of Dade County, Florida; thence run Southwesterly, to a point in the waters of Biscayne Bay, said point being the point of intersection with the Southwesterly extension of the Southeasterly line of Lot 7 in Block 1 ofMASHTA POINT SUBDIVISION, according to the plat thereof recorded in Plat Book 131 at Page 37 of the Public Records of Dade County, Florida, s aid p oint o f i ntersection b eing 1,000 feet 5 outhwesterly o f t he m ost Southeasterly corner of said Lot 7, as measured along the Southwesterly extension of the Southeasterly line of said Lot 7; thence run Southeasterly to a point in the waters of Biscayne Bay, said point being the point of intersection of the Southwesterly extension of the Southeasterly line of Lot 17 of SMUGGLERS COVE, according to the plat thereof recorded in Plat Book 78 at Page 83 of the Public Records of Dade County, Florida, with the Westerly extension of the South line of the Waterway shown on the plat of CANOGA PROPER 1IES-KEY BISCAYNE, FLORIDA, according to the plat thereof recorded in Plat Book 65 at Page 88 of the Public Records of Dade. County, Florida; thence run Easterly, along the South line of said Waterway and its Westerly and Easterly extensions to a point in 16 0 AND the Atlantic Ocean, 500 feet Easterly of the ErosionControl Line as said Erosion Control Line is shown on the plat thereof recorded in Plat Book 74 at Page 26 of the Public Records of Dade County, Florida; thence run Northerly along a line 500 feet Easterly of and parallel to the said Erosion Control Line to the point of intersection with the Easterly extension of the said South line of Crandon Park; thence run Westerly along the said South line of Crandon Park and its Easterly extension to the Point of Beginning; BEGIN at the point of intersection of said South line of Crandon Park with the centerline of Crandon Boulevard, said centerline of Crandon Boulevard being the centerline of Tract 10 of said plat of SUBDIVISION OF A PORTION OF MATHESON ESTATE, KEY BISCAYNE, DADE COUNTY, FLORIDA, and its Northeasterly extension; thence run Westerly along the South Line of Crandon Park for a distance of 400 feet; thence run Northerly at right angles to the South line of Crandon Park for a distance of 700 feet; thence run Easterly parallel with the South Line of Crandon Park for a distance of 750 feet more or less to said centerline of Crandon Boulevard; thence run Southwesterly along said centerline of Crandon Boulevard for a distance of 783 feet more or less to the South boundary of Crandon Park and to the POINT OF BEGINNING. JINSERT MAP] (Res. No. 97-15, 4-1-97/6-10-97) Section 1.04. Powers. The Village shall have all available governmental, corporate and proprietary powers. Through the adoption of this Charter, it is the intent of the electors of the Village that the municipal government established herein have the broadest exercise of hone rule powers permitted under the Constitution and laws of the State. (Res. No. 97-15, 4-1-97/6-10-97) Section 1.05. Construction. The powers of the Village shall be construed liberally in favor of the Village. '(Res. No. 97-15, 4-1-9716-10-97) Section 1.06. Capitalization. When a defined word is enclosed in quotes and in parentheses after the definition, that word shall be treated as a defined term in the remainder of this Charter, when capitalized. (Res. No. 97-15, 4-1-97/6-10-97) t7 ARTICLE II. VILLAGE COUNCIL; MAYOR* *Editor's note -Pursuant to Ord. No. 92-18, ' 1, adopted on August 11, 1992, and approved by the voters on November 3, 1992, the title of article 11 of the Charter has been changed from "Village Board of Trustees; Mayor" to "Village Council; Mayor." (Res. No. 97-15, 4-1-97/6-10-97) Code reference —Village Council, ' 2-21 et seq. Sectiotii :01. Village Council, Where shall be a Village Council (the "Council"). vested with all legislative powers of the Village v.;s&d t1he,c:.r, co.,siatiug of six (6) .n.,inLe.s (, consisting of four (4) members (individually. a "Council Member"; and collectively, "Council Members") and the Mayor. References m this Charter to Council M., 1s bLall .uelud. tl e Mayor .aril sa th., evut..nt utl.... requiresYElected Officials" shall include the four Council Members and the Mayor. Individually each is an "Elected Official". (Ord. No. 92-18,' 1, 8-11-92/11-3-92; Res. No. 97-15, 4-1-97/6-10-97) Section 2.02. Mayor and V:.t Mayo.. (a) Mayo. Generally. The Mayor shall preside at meetings of the Council; and be a voting member of the Council, :l coal appui,.t�.,en.Le,s Villag Loa.da and agencies with the appiovai of th., Council. The Mayor shall be recognized as head of Village government for all ceremonial purposes and for purposes of military law, for service of process, execution of duly authorized contracts, deeds and other documents, and. with the advice and consent of the Council, as the Village official designated to represent the Village in all dealings with other governmental entities. The Mayor shall annually present a state of the Village message and. after approval of the budget by the Council, an annual -budget message. (b) Appointment of Village Boards. The Mayor shall appoint all members of Village boards. agencies and committees ("Village Boards"). subject to and effective upon ratification by the Council. al Appointment Procedure:, Prior to making appointments to any Village Board, the Mayor. during a Council meeting. shall solicit recommendations from each Council Member for appointees. ail Ratification. The names of the Mayor's appointments shall be included in the agenda for the next Council meeting at which time ratification shall be considered. 18 Waiver.The procedure for appointment described in paragraphs (i) and may be waived by the Council in part or in its entirety in connection with a particular Village Board. Failure to Appoint. Where the Mayor fails to appoint members of a Village Board. the Council shall appoint the members. (Ord. No. 92-18, .1.8-11-92/11-3-92: Res. No. 97-15. 4-1-97/6-10-97) Section 2.03. Vice Mayor. Vic. Maya.. During the absence or incapacity of the Mayor, the Vice Mayor shall have all the powers, authority, duties and responsibilities of the Mayor. At the first Council meeting after each regular Village election, or in any calendar year in which there is no regular Village election, at the first Council meeting in the month of November of such year, the Council shall elect one (1) of its members as Vice Mayor. (0.1 No. 92-18, 1, 8-11-92/11-3-92, R.. No. 97-I5, Se. tioa`2.03 Section 2.04. Election and term of office; Seats.: h Cohncil M.,albLGr acid th.. May.40 Election and term of office. Each Elected Official shall be elected at -large for a two (2) year term by the electors of the Village in the manner provided in Article V of this Charter. Tla May.,r shall ...A,t d f.. a tw (2) yeas t. aan. l a.d. COhnc:l M. naLea shall Lc el. eta d f. t a four (4) yea t naa. No p. aseaa Stall �Y nc &� Mayoi faa mat t1,a.l tW o (2) GOa S. Ghti4 G Gl Gt. d t..uua, anal uu !naval clay SW VC Oil tha. Council No person may serve. as Council Member. as Mayor, or as any combination of Mayor and Council Member, for more than eight (8) consecutive years: Seats. ' Council Members shall serve in seats numbered 1-4 (individually. a "Seat": collectively. "Seats"). One Council Member shall be elected to each Seat. (Ord. Na 92-18,' 1, 8-11-92/11-3-92; Res. No. 97-15, 4-1-97/6-10-97) Section 2:05. Qualifications. Candidates for Council Member or Mayor shall qualify for election by the filing of a written notice of candidacy with the Clerk sec' 'n which Seat or office they seek, at such time and in such manner as may be prescribed by ordinance and payment to the Villas.. Clerk of the sum of one hundred dollars ($100.00) as a qualifying fee. A candidate for. Mayor may not be a candidate for Council Member in the same election. Only electors of the Village who have resided continuously and have been a registered voter in the Village for at least one (1) year preceding the date of such filing shall be eligible to hold the office of Council Member or Mayor. If at the conclusion of the qualifying period no elector has filed or qualified for a particular Seat, then 19 the qualifying period for that Seat shall be reopened for a period of five business days. (Ord. No. 92-18,' 1, 8-11-92/11-3-92; Res. No, 97-15, 41-97/6-10-97) Section 205 2.06. Vacancies; forfeiture of office; filling of vacancies. (a) Vacancies. The office of a Gouucll M ...L . r May , an Elected Official shall become vacant upon his/her death, resignation, removal from,. office in any manner authorized by law, or forfeiture of his/her office. Forfeiture of office. (b) Forfeiture by disqualification. A Council Maul"... An Elected Official shall forfeit his/her office if at any time during his/her term s/he ceases to maintain his/her permanent residence in the Village or otherwise ceases, without good cause, to be a qualified elector of the Village. (ii) Forfeiture by absence. A Council Mcnil.A.4 An Elected Official shall be subject to forfeiture of his/her office, in the discretion of the remaining Council M„ inbc1s, if s/he is absent without good cause from any three (3) regular monthly meetings of the Council ("Regular Meetings") during any calendar year, or if s/he is absent without good cause from any three (3), consecutive Regular Meetings of the Council, whether or not during the same calendar year. (iii) Procedures. The Council shall be the sole judge of the qualifications of its members and shall hear all questions relating to forfeiture ofa Cou.,,il MGu.L,..S an Elected Official's office, including whether or not good cause for absence has been or may be established. The burden of establishing good cause shall be on the Cotuicil M. nu L a Elected Official in question; provided, however, that any Council Member Elected Official may at any time during any duly held meeting move to establish good cause for the absence of him/herself or any other Council M,,.t.L,.. Elected Official, from any past, present or future meeting(s), which motion, if carried, shall be conclusive. An Elected Official whose qualifications are in question or who is otherwise subject to forfeiture of his/her office shall not vote on any such matter& The Council Mu..bc. Elected Official in question, shall be entitled to a public hearing(s) before the Council on request. If a public hearing is requested, notice thereof shall be published intone (1) or more newspapers of general circulation in the Village at least one (1) week in advance of the. hearing. Any final determination by the Council that a Cut,, .al M,,u,L.a. an E lected 0 fficial has forfeited;his/11er office shall be made by resolution. All 'votes and;other acts of the coancc °r ivicnmcr Elected Official in question prior to the effective date of such resolution'shallbe valdregardless of the grounds, of forfeiture; (c) Filling of vacancies. A vacancy on the Council ayer shall be filled as follows: 20 (i) Iftl,c vacancy &curs o m the Cou..cil a Council Member's office becomes vacant and less than six (6) months remain in the unexpired term, the vacancy shall be filled by the Council. If the vacancy occurs in the office of Mayor and less than six (6) months remain in the unexpired term, the vacancy shall be filled by vote of the Council from among its members. (ii) If one (1) year or more remains in the unexpired term, the vacancy shall be filled by a special election to be held not sooner than thirty (30) days or more than ninety (90) days following the occurrence of the vacancy. (iii) If six (6) months or more but less than one (1) year remain, the vacancy shall be filled by the Council as provided for in paragraph (i) of this subsection (c) unless there is a Village, County, State or a national election scheduled to take place on any date(s) within such period, in which case the vacancy shall be filled by special election on the first such election date. (iv) If there is no qualified candidate for any vacancy in any election, the Council shall appoint a person qualified under this Article for the vacancy. (v) Notwithstanding any quorum requirements established herein, if at any time the full membership of the Council is reduced to less than a quorum, the remaining members may, by majority vote, appoint additional members to the extent otherwise permitted or required under this subsection (c). (vi) In the event that all the members of the Council are removed by death, disability, recall, forfeiture of office and/or resignation, the Governor shall appoint an interim Council Mc,abcas MA, which shall call a special election within not less than thirty (30) days or more than sixty (60) days after such appointment and such election shall be held in t he s ame m miner a s t he first e lections u nder t his C harter; p rovided, however, that if there are less than six (6) months remaining in the unexpired terms, the interim Council appointed by the Governor shall serve out the unexpired teens. Appointees must meet all requirements for candidates provided for in the second to last sentence of Section 2.04 2.05. (Ord No. 92-18,' 1, 8-11-92/11-3-92; Res. No. 97-15, 4-1-97/6-10-97) Section 2706 2.07. Recall. The electors of the Village shall have the power to recall and to remove any Elected Official from office to the extent permitted by the Constitution and laws of the State. The minimum number of electors of the Village which shall be required to initiate a recall petition shall be ten percent (10%) of the total number of electors of the Village as of the preceding Village election. (Res. No. 97-15, 4-1-9716-10-97) 21 Section 2.07 2.08. No compensation; reimbursement for expenses. .Elected Officials shall serve without compensation but shall receive reimbursement for authorized expenses incurred in the performance of their official duties in accordance with applicable law, or as maybe otherwise provided by ordinance; -for dtat oaizell trawl &ad p tau.uaa Gl ua tlu. pci fe&inancc of tlaGu Offlc1al dutica (Ord. No. 92-18„' 1, 8-11-92/11-3-92; Res, No, 97-15, 4-1-97/6-10-97), ARTICLE III. ADMINIS I'RATIVE*. „*Code reference -Administration, ch. 2. Section 3.01. Village Manager. There shall be a Village Manager (the "Manager") who shall be the chief administrative officer of the Village. The Manager shall be responsible to the Council for the administration of all Village affairs. (Ord. No. 92-18,' 1,'8-11-92/11-3-92; Res. No. 97-15, 4-1-97/6-10-97) Section 3.02. Appointment; removal; compensation. The Council shall appoint the Manager for an indefinite term. The Council may remove the Manager as provided. in Section 3.09 this Article. The compensation of the Manager shall be fixed by the Council, (Ord. Na 92-18,' 1, 8-11-92/11-3-92:,Res. No. 97-15.4-1-97/6-10-97) Section 3.03. Powers and duties of the Vill..g.. Manager. The Manager shall: (1) Be responsible for the appointment, supervision and removal of all Village employees; (2) Direct and supervise the administration of all departments and offices but not Village boards-oragenciesBoards, unless so directed by the Council from time to time; Attend all Council meetings except when excused by the Council and shall participate in discussion but not have the right to vote; (4) See that all laws, provisions of this Charter and acts of the Council, subject to enforcement and/or administration by him/her or by officers employeessubject to his/her direction and supervision ("Employees"), are faithfully executed; (3) 22 (5) Prepare an sub1i.lt capital program, with due input from the Council; the Cou,nal a the Council's proposed annual budget and (6) Submit to the Council and make available to the public an annual report on the finances and administrative activities of the Village as of the end of each fiscal year; (7) Prepare such other reports as the Council may require concerning the operations of Village Boardsdepartments and offices, , (8) Keep the Council fully advised as to the financial condition and future needs of the Village and make such recommendations to the Council concerning the affairs of the Village as s/he deems to be in the best interests of the Village; Execute contracts, deeds and other documents on behalf of the Village as authorized by the Council; and Perform such other duties as are specified in this Charter or as may be required by the Council-. (Ord. No. 92-18, ' 1 841-92/11-3-92; Res. No. 97-15, 4-1-97/6-10-97) The Council shall appoint a Village Clerk (the "Clerk" o. "Vil1 g.."Clerk") for an indefinite term.' The compensation of the Clerk shall be fixed by the Council. The Clerk shall give notice of Council meetings to its members and the public, shall keep minutes of its proceedings which shall be a public record and shall perform such other duties as the Council may prescribe from time to time. The Clerk shall report to the Council and may be removed by the Council as provided in Section -3.09 this Article. (Ord. No. 92=18,' 1,S-11-92/11-3-92; Res. No. 97-15, 4-1-97/6-10-97) Section 3.05. Village Attorney. The Council may from time to time appoint an individual attorney or a law firm to act as the Village Attomey (the "Village Attorney") under such terms and conditions as are consistent with this Charter and as may be established by the Council: The Village Attorney shall report to the Council and maybe removed by the Council at any time. (Ord. No. 92-18, ' 1,'8 -Ii -92/11-3-92; Res. No. 97-15, 4-1-97/6-10-97) 23 Section 3.06. Village code of administrative regulations. The luaua6c. Manager shall maintain a Village code of administrative regulations. The u,ancil Council shall, by ordinance, establish appropriate procedures for reasonable notice and public continent on proposed administrative regulations prior to taking fmal action on the same. (Ord. No. 92-18,' 1, 8-11-92/11-3-92; Res. No. 97-15, 4-147/6-10-97) Section 3.07. Expenditure of Village : funds. (al Generally. No funds of the Village shall be expended except pursuant to duly approved klappropriations-, fib) Communications Expenditures. Where a resolution or ordinance has been adopted pursuant to Sections 5.02 or 6.02 setting an election and the Council approves an expenditure of funds ("Communication Expenditure") to inform the public of its position with respect to a particular ballot question ("Majority Position") via mailings, advertising. web pages or the like (each. a "Communication"), that Communication shall also inform the public of any minority position(s) of the Council ("Minority Position"). The Elected Officials voting for Minority Position(s) may form a committee for each Minority Position, comprised solely of those Elected Officials who hold that Minority Position ("Minority Position Committee"). The content of the Communication relating to each Minority Position ("Minority Position Communication"). if any. shall be determined by the Minority Position Committee representing that Minority Position. The resolution authorizing the Communication Expenditure shall specify the type of Communication and the date the Minority Position Communication shall be completed and submitted to the Manager for inclusion in the Communication. All Communications shallpresent the Majority Position and Minority Position(s) in substantially the same fashion in terms of size, color. type. length and other physical characteristics, except that. in the event that one or more Minority Position Committee(s) elects not to include a Minority Position Communication. the Communication shall contain the Majority Position. other Minority Position Communication(s), if any, and a statement that one or more Minority Position Committee(s) did not elect to include a - Minority: Position in the Communication. The Minority Position Committees) created by operation of this Section shall sunset upon the date the Communication is. effected. isj Capital Projects. The Council may authorize expenditures for: (1) the acquisition, construction. renovation. or improvement of public buildings or facilities; (ill purchase of land:, or (silk the purchase of equipment. Each of the categories i, ii and iii, irrespective of cost. s a "CapitaliProject". A:resolution,or ordinance. asrequired, approving a Capital Project shall contain at a minimum a description and the projected cost of the Capital Project and be specifically labeled "Capital Project Authorizing Resolution or Ordinance" ("Capital Project Legislatiiinni. (Res. No. 97-15, 4-1-97/6-10-97) 24 Section 3.08. Coinpetitive bid requirement. Except as otherwise provided by law or ordinance, contracts for public improvements and purchases of supplies, materials or services shall be awarded or made on the basis of specifications and competitive bids, except in cases where the Council determines that it is impracticable to do so. (Ord. No. 92-18,' 1, 8-11-92/11-3-92; Res. No. 97-15, 4-1-97/6-10-97) Section 3.09. Removal of Council Appointees. The Villas.; Manager and the VillugL, Clerk (each, is a "Council Appointee") may be suspended with pay pending removal by a resolution which shall set forth the reasons for suspension and proposed removal. A copy of such resolution shall be served immediately upon the affected Council Appointee. The affected Council Appointee shall have fifteen (15) days in which to reply thereto in writing, and upon request, shall be afforded a public hearing before the Council, which shall occur not earlier than ten (10) days nor later than 15 days after such hearing is requested, and after full consideration, the Vi11ag. Council may adopt a final resolution of removal. The affected Council Appointee shall continue to receive full compensation until the effective date of a final resolution of removal. (Res. No. 97-15 4-1-97/6-10-97) ARTICLE W. LEGISLATIVE Section 4.01: Council meeting procedure. (a) Meetings. The Council shall hold at least eleven (1 1) Regular Meetings in each calendar year, at such rimes and places as the Council may prescribe by ruh.("Regular M..Ltings"). Special meetings may be held on the call of the Mayor or by four (4) ni.,e.bclb of ti., three (3) Council Members and upon no less than twenty-four (24) hours' notice to Las,L..,.,.:.L... Elected Official and the public, or such shorter time as a majority of the Council shall deem necessary in case of an emergency affecting life, health, property or the public peace. (b) Rules and minutes. The Council shall determine its own rules of procedure and order of business and shall keep minutes open for public inspection. (c) Quorum and voting. Any three (3) Elected Officials shall constitute a quorum but a smaller number may adjourn from time to time and may compel the attendance of absent .i..a..L.,.a Elected Officials in a manner and subject to the penalties prescribed by the rules of the Council. Voting on ordinances and resolutions shall be by roll call on final action and shall be recorded in the minutes. Except as otherwise specially provided in this Charter, no action of the Council shall be valid or binding unless adopted by the affirmative votes of at least i three (3) Elected Officials. In the event that Fula (4) three (3) or more .neutL..a of th., Cou.icrl Elected Officials are ineligible to vote on_a particular matter due to required abstention pursuant to Florida law, 25 then the remaining %, 1/4, s of th.. matter by unanimous vote. �1 Elected. Officials may vote and approve such (d) Meeting time limits. No meeting of the Council shallextend later than 11:00 p.m. except upon the affirmative vote offal (5) Canna. M.,.11L.4 four (4) Elected Officials,or if less than five (5) Cou<icil M..cnLci four (4) Elected Officials are present, upon the unanimous vote of all Council M1/4,Lubcis Elected Officials present at the meeting. (Ord. No. 92-17,' 1, 8-11-92/11-3-92; Ord. No. 92-18,' 1, 8-11-92/11-3-92; Res. No. 97-15, 4-1- 97/6-10-97) Section 4.02. Prohibitions. (a) Appowoivie,•t[s) Employment and ,emovuh removal Neither the Council nor any of -its tuab...o Elected Officials shall in any manner dictate the appointment or removal of any Vi11as 14oy. sEmployees whom the Manager orany ofhis/her subordinates is empowered to appuiut employ, but the Council and each Elected Official may express' its views and fully and freely discuss with the Manager, anything pertainingto apjoii,hneut employment and removal of such uff cci a td..,inyluy....Employees. Interference with administration. Except for the purpose of inquiries and investigations made in good faith, the Council ui 1b irieinL.aa and each Elected Official shall deal with Villag.. .,y Employees who are subject to the direction and supervision of the Manager solely through the Manager, and neither the Council nor its ,,,...,.Lc, b any Elected Official shall give orders to any such uff.,.4 ui .anpluy.;� Employee either publicly or privately. It is the express intent of this Charter that recommendations for improvement in Vf'tiage goveiuMent operations by Elected Officials be made solely to and through the Manager. No individual Cou,icil"Melaka Elected Official shall give.. orders to the Manager. (c) Holding other office. No u1tot Y.,d Villaa.o off. isl Elected Official shall hold any appointive ',Village office or employment while in office. No forrher ta,ct.sd Viliasc official Elected `Official shall hold any compensated appointive Village office or employment until one (1) year after the expiration of his/her term. (Ord. No. 92-18, ' 1, 8-11-92/11-3-92; Res. No. 97-15, 4-1-97/6-10-97) Section 4.03. Action requiring an ordinance. In addition to other acts required by law or by specific provision of this Charter to be effected or authorized by ordinance, those acts of the Vi11ag. Council shall be by ordinance which: (1) Adopt or amend an administrative regulation or establish, alter or abolish any Village uffi' c, Board, department, or office; (2) Establish a'rule or regulation the violation of which carries a penalty; (b) 0 0 0 26 (3) taxes or appropriate funds; (4) Grant, renew or extend a franchise; (5) i� 0 Set service or user charges for municipal services or grant administrative authority to set such charges; Authorize the borrowing of money; Convey or lease or authorize by administrative action the conveyance or lease of any lands of owned by the Village; or Amend or repeal any ordinance previously adopted, except as otherwise provided in this Charter; or Approve a Capital Project in excess of $500,000. When an ordinance authorizing a Capital Project in excess of $500,000 has been approved upon first reading. notice of the date and time of the second reading shall be provided ("Second Reading Notice"). The Second Reading Notice shall include a brief description of the Capital Project and its cost and shall be published in addition to and contemporaneously with notices regularly published for second readings. Each Village elector shall be sent a Second Reading Notice by postcard. Action taken by the Council on a Capital Project shall not be voided by the failure of an individual Village elector to receive a Second Reading Notice postcard.: 92-18,' 1, 8-11-92/11-3-92; Res. No. 97-15, 4-1-97/6-10-97) Section 4.04. Emergency ordinances. (a) Authorization; form. To meet a public emergency affecting life, health, property or the public peace, the Council may adopt, in the manner provided in this Section, one or more emergency ordinances, but such ordinances may not: levy taxes; grant, renew or extend any municipal franchise; set service or user charges for any municipal services; or authorize the borrowing of money except as provided under the emergency appropriations provisions of this Charter if applicable. An emergency ordinance shall be introduced in the form and manner prescribed for ordinances generally, except that it shall be plainly designated in a preamble as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing it in clear and specific terms. Procedure. An emergency ordinance may be adopted with or without amendment or rejected at the meeting at which it is introduced. After its adoption, the ordinance shall be published and printed as prescribed for other ordinances. Effective date. Emergency ordinances shall become effective upon adoption or at such other date as may be specified in the ordinance. (b) 27 (d) Repeal. Every emergency ordinance except emergency appropriation ordinances shall automatically be repealed as of the sixty-first (61st) clay following its effective date, but this shall not prevent re-enactment of the ordinance under regular procedures, or if the emergency still exists, in the manner specified in this Section. An emergency ordinance may also be repealed by adoption of a repealing ordinance in,the same manner specified in this Section for adoption of emergency ordinances. (e) Emergency appropriations. The Council may make emergency appropriations in the manner provided in this Section. To the extent that there are no available unappropriated revenues to meet such appropriations, the Council may by such emergency ordinance (without regard to Section 4.10) authorize the issuance of emergency notes, which may be renewed from time to time, but the emergency notes, including renewals thereof, shall be payable not later than the last day of the fiscal year next succeeding the fiscal year in,whichthe emergency appropriation ordinance was originally adopted (Ord. No. 92=18,' 1, 8-11-92/11-3-92; Res. No. 97-15, 4-1-97/6-10-97) Section 4.05. Annual budget adoption: (a) Balanced budget. Each annual budget adopted by the Council shall be a balanced budget. (b) Budget adoption. The Council shabby ordinance adopt the annual budget on or before the last day of September of each year. If it fails to adopt the annual budget by this date, the Council may by resolution direct that the amounts appropriated for current operations for the then ending fiscal year be deemed appropriate for the ensuing fiscal' year for a period of fifteen (15) days and may be renewed by resolution each fifteen (15) days, with all items in it prorated accordingly, until such time as the Council adopts an annual budget for the ensuing fiscal year. An ordinance adopting an annual budget shall constitute appropriations of the amounts specified therein. (c) Specific appropriation. The budget shall be specific as to the nature of each category of appropriations therein. Reasonable appropriations may be made for contingencies, but only within defined spending categories. The Villag., Manager may at any time, transfer any unencumbered, appropriation! balance, or portion thereof between classifications of expenditures within an office.or department. (d) Deferred compensation,: pensions. Contributions to pension and other deferred compensation plans or arrangements,for .,..ipluy..,,s Employees may be made under such teens and conditions as. the Council may establish from time to time in accordance with sound actuarial principles,. (Ord. No. 92-18,' 1, 8-11-92/11-3-92, Res. No. 97-15, 4-1.97/6-10-97) 28 Section4.06. Fiscal year. The fiscal year of the Village government shall begin on the first (1st) day of October and shall end on the last day of September of the following calendar year. Such fiscal year shall also constitute the annual budget and accounting year. (Res. No. 97-15, 4-1-97/6-10-97) Section 4.07. Appropriation amendments during the fiscal year. (a) (b) Supplemental appropriations. If, during any fiscal year, revenues in excess of those estimated in the annual budget are available for appropriation, the Council may by ordinance make supplemental appropriations for the fiscal year up to the amount of such excess. Reduction of appropriations. If, at any during the fiscal year, it appears probable to the Manager that the revenues available wilI be insufficient to meet the amounts appropriated, s/he shall report to the Council without delay, indicating the estimated amount of the deficit, and his/her recommendations as to the remedial action to be taken. The Council shall then take such action as it deems appropriate to prevent any deficit spending not covered by adequate reserves. (Ord. No. 92-18,' 1, 8-11-92/11-3-92; Res. No. 97-15, 4-1-97/6-10-97) Section 4.08. Authentication, recording and disposition of ordinances; resolutions and charter amendments. (a) Authentication. The Mayor or the Clerk shall authenticate by his/her signature all ordinances and resolutions adopted by the Council. hi addition, when atilt t , Charter amendments have been approved by the electors, the Mayor and the Clerk shall authenticate by their signatures the charter amendment, such authentication to reflect the approval of the a/41kt Charter amendment by the electorate. (b) (c) Recording. The Clerk shall keep properly indexed books in which shall be recorded, in full, all ordinances and resolutions passed by the Council. Ordinances shall, at the direction of the Council, be periodically codified. The Clerk shall also maintain the Village Charter in current form and shall enter all tlia ta.. Charter amendments. Printing. The Council shall, by ordinance, establish procedures for making all resolutions, ordinances, technical codes adopted by reference, and this Charter available to tlac pcoplc of ilk, Villas,- for public inspection and available for purchase at a reasonable price. (Ord. No. 92-18, ' 1, 8-11-92/11-3-92; Res. No. 97-15, 4-1-97/6-10-97) 29 Section 4.09. Tax levy. The Village shall have the right to levy, assess and collect all such taxes as are permitted by law, including without limitation ad valorem, excise, franchise or privilege taxes and taxes on services and utilities. (Res. No. 97-15, 4-1-97/6-10-97) Section 4.10. Borrowing. (a) Debt Approval. The Village shall incur no Debt unless the incurrence of such. Debt is approved by at least f vc (5) Council Nhilli ,Ib four (4) Elected Officials. (b) Limits. The total Debt of the Village, including amounts authorized but still not drawn down under existing loan agreements:andotlier contractual arrangements with banks and other financial institutions, underwriters, brokers and/or intermediaries, shall not exceed the, greater ofc i:ji), one percent (10/0 of the total assessed value of all property within the Village, as certified by the Miami -Dade County Property Appraiser for the current fiscal year, or ihal that amount which would cause annual Debt Service to equal fifteen percent (15%) of General Fund expenditures for the previous fiscal year. (c) It Definitions. A s used in this S ection 4.10 the following terms shall have the meanings ascribed to them in this subsection. i "Debt" means any obligation of the Village to repay. borrowed money however evidenced since the date of its incorporation regardless of tenor or term for which it was originally contracted or subsequently converted through refinancing or novation, except (A) any obligation required to be repaid in less than a year and which was incurred solely for emergency relief of natural disasters, or (B) that portion of any obligation for operations which are financed and operated in an independent, self liquidating manner and recovered entirely through currently collected user fees and charges. ii "Debt Service" shall include, without limitation thereto, scheduled interest payments, repayments of principal and all financial fees arising from Debt or from the underlying contractual obligations, whether as originally incurred or subsequently deferred or otherwise renegotiated. "General Fund" shall mean any and all revenues of the Village, from whatever source derived, except t hose r evenues derived from s pecial assessments, u ser fees and charges and designated as a separate fund to finance goods and services to the public. 30 (Ord. No. 92-18,''1, 8-11-92/11=3-92; Res. No. 97-15, 4-1-97/6-10-97) [Note: Ord./Res. Nos. need to be added] Section 4.11. Revenue Sharing. No funds of the Village shall be paid to the County or other governmental entity pursuant to a revenue distribution or "revenue sharing" program. (Res. No. 97-15, 4-1-97/6-10-97) Section 4.12. Village foal In and agcuciA Boards. The Council shall establish or terminate such b and as .ici. s Village Boards as it may deem advisable from time to time. Village Boards shall report to the Council. (Ord. No. 92-18,' 1, 8-11-92/11-3-92; Res. No. 97-15, 4-1-97/6-10-97) Section 4.13. Village Code, Oi daanc.a and REau uGvua ordinances and resolutions. Except as otherwise modified or replaced by this Charter or by the Villag. Council, all codes, ordinances and resolutions of the Village and of Metropolitaiz Miami -Dade County, as applicable to the Village, which County and Village Codes, ordinances and resolutions are in effect as of April May 1, 1997 2002, shall remain in force and effect as municipal codes, ordinances and resolutions of the Village. (Ord. No. 92-18,' 1, 8-11-92/11-3-92; Res. No. 97-15, 4-1-97/6-10-97) Section 4.14. Special Assessments. Properties may be specially assessed according to law; however, no properties shall be specially assessed by the Village, unless: A majority of the owners of the properties to be specially assessed petition the Village for a special assessment, or (b) An election of the property owners to be specially assessed is held to approve the special assessment and a majority of the property owners voting, one (1) vote per property, on -a vote in favor of the proposed special assessment votc i - tb favor. es. No. '2000-11,' 4, 3-14-00/5-16-00) 31 ARTICLE V. ELECTIONS Section 5.01. Elections. (a) Electors. Any person who is a resident of the Village, has qualified as an elector of the State and registers to votein the manner prescribed by law shall be an elector of the Village. (b) Nonpartisan elections. All elections for the offices ofCoua ,ilmen L.,1 Council Member and Mayor shalt be conducted on a nonpartisan basis. (c) .. Election ilaleA. y t.]i a ve,t-1Zu,flber ell yQA, On t]te duyl Uf ,.lbe sa.aa&] State ytuizaty electtOn, a, tfnone Z� ]eeltl at ally sut,]t yca7, o'i t]te ftat Tueatlay LLf.Iluwinx the f<t.,t 114untlay ufOutubut_ A.tegulat date: An election shall be held in November of each even -numbered year, on the same day U.S. congressional elections are held, or if none are held in any year, on the first Tuesday following the first Monday ofsaid mouth a11d November of that year. (d) I3 imaty elzt,tt n Election. The ballot for the primary election shall contain the names of all qualifiedl candidates for Mayorandforth., thle., (3) Council positions which ar., to b., filkd aJ a 1..Jt4t Vf t1u ,c (3) CuuI ihiR.111Lt.1J tc1111s kw/4)11111g each of the four (4) Seats, and shall instruct electors to cast one (1)Note for Mayor and no hale tlra i tlrc., (3) votcfo1 Cou11.,i1 with a 111ah::,111wu t.1 f V11. (1) a.,ty t) 1 wn4itlaly one (1) vote for each Seat. If any candidate for Mayor receives a aurae' f vu(ti, greater than fifty percent (50%) of the total Math bel of ballots cast for Mayor, such,candidate shall be the duly c1,cttd Mayor, an no icgular 1..a,tiuu f01 May hall L.,14:a Cd. If any candidat..(s) forCointul re.,cive(s) a.itullLta kJ duly elected Mayor. If any candidate for a Seat receives greater than fifty percent (50%) of the tutai tumuli,' of ballots cast for that Seat, such candidatec-s) shall be duly elected to that Seat. If no candidate receives greater than fifty percent (50%) of the ballots cast for Mayor, the-eouncik-ami-the-rrumber of-positions-contested-fi l lwtion shall be dccrcascd-accurdillgIy., the two �(T2) candidates for Mayor who received the litvat vot.,s ill file pri na y clet,tion. Tl1e Lalit t fv1 ill\. rC ei4cd f11c n105t 4Ulw u1 Ll1c, pauualy t.lwtivil, p1oV•ld.,d float •1f &1y utult.11 positions .4 Gil. the-primary-clectiondbe-number-of-C-ouncii-candidates-otribt-hafird-shall-bra tutu cti .dual tv tll.. ll,la1uuts!Rua b.A of Couu..11ywtt10uS t0 b.. filla,d, hhnca two (2). Th. ill.. (1) CVt4.i1..r ..ail dat\..n T1N. ..alldl.]at... fol 1V1ayu1 l..l.l.l Yllls thV.. greatest number of ballots cast shall be included in a runoff election. If no candidate for a Seat receives greater than, fifty percent (50%1 ofthe ballots cast for that Seat the two (2) candidates who,, received:the greatest number of ballots cast for that Seat shall be included in a runoff erection for that Seat 0 32 fete Special elections. Special elections, when required, shall be scheduled by the Council at such times and in such manner as shall be consistent with this Charter. f° Runoff election. If �wil tln, liMitalivua u, ALL bnwhWit (..), all Dui of slla apply a runoff election is necessary. it shall be held two (2) weeks after the election held pursuant to subsection (c) of this Section. The candidate receiving the greatest number of ballots cast in the runoff election for Mayor shall be duly elected Mayor. The candidate receiving the greatest number of ballots cast for each Seat shall be duly elected to that Seat. If a tie vote occurs in the i�gulai runoff election between two (2) or more candidates for either the office of Mayor or Cotuic l M‘ii.btr a Seat, the tie shall be decided by lot under the direction of the Village CIu1.. Clerk. fhj(g) Single &a,Ldidales. ht the cVeiLt that the ',Wilber of et Sons wJ,o qualify as candidate., fur tht, CoutiCtl jOsitiou5 t0 l e f lied at as electtotl w equal to of le,,S than ll,e IttsntlieI of pu3iltvn3 Village election bailut. Single candidates. No election for Mayor or for any Seat shall be required in any election if there is only one duly qualified candidate for Mayor or for that Seat. The duly qualified candidate shall be deemed elected. lhl� (i) Absentee votes. Absentee voting will be permitted as provided by the laws of the State and under such conditions as may be prescribed by ordinance from time to time; provided, however, that no ordinance shall limit the right to vote by absentee ballot available under State law. en Commencement of terms. The term of office of any elected official will commence seven (7) days following the day of the regular, runoff,, or special election at which s/he is elected. (Ord. No. '92-18,' 1, 8-11-92/11-3-92; Res. No. 97-15, 4-1-97/6-10-97) Section 5.02. Initiative and referendum. ) Power to initiate and reconsider ordinances. (i) Initiative. The electors of the Village shall have power to propose ordinances to the Council and, if the Council fails to adopt an ordinance so proposed without any change in substance; to adopt or reject it at Village election, provided that such power shall not extend to the annual budget or any ordinance appropriating money, levying taxes or setting salaries of Village offcc.s e, cn yh,y,;a. Council Appointees or Einployees. The initiative power shall not be available to propose an ordinance which delays, prevents. changes the nature of. or otherwise affects the execution of a Capital Project unless proceedings with, respect to the initiative are commenced within thirty (30) days after the date of adoption of the 33 Capital Project Legislation. (ii) Referendum. (A) The electors of the Village shall have power to require reconsideration by the Council of any adopted. ordinance and, if the Council fails to repeal an ordinance so reconsidered, to approve or reject it at a Village election, provided that such power shall not extend to the annual budget or any ordinance appropriating money, levying taxes or setting salaries of Villag.; uffice.sV1 1/4,,,,#,loy.,.,z Council Appointees or Employees. The referendum power deseribed in this paragraph (r)(A) of is subsei1tiuu (4(A shall not be available to require reconsideration of an ordinance authorizing a Capital Project orthe issuanceof debt unless proceedings with respect to the referendum =team/tweedwithin thirty (30`) days after the date of adoption of the ordinance._ (B) Notwithstanding anything in paragraph (ii)(A) of this subsection (a) to the contrary, the referendum power shall extend to any ordinance levying ad valorem taxes, provided that (1) the ordinance increases the millage rate above five (0) Mills, (2) proceedings with respect to the referendum are commenced,within twenty (20) days after the date of adoption of the ordinance, and?(3) all petitions with icspeet to the referendum are filed within thirty (30) days after the date of adoption of the ordinance. (b) Commencement of proceedings. A minimum oft.... (10) forty (40) electors may commence initiative or referendum proceedings by jj filing with the Clerk or other official designated by the Council an affidavit stating they will constitute the petitioners` committee and be responsible for circulating the petition and filing it in proper form ("Petitioners' Committee"). (ill stating their names and addresses and specifying the address to which all notices to the LvuuautUi s Petitioners' Committee are to be sent, and (iii) setting out in full the proposed initiative ordinance or citing the ordinance sought to be reconsidered. In addition, the Petitioners' Committee shall submit the petition form to be used. which shall contain a brief description summarizing the proposed initiative ordinance or the ordinance sought to be reconsidered in plain language, and an unexecuted affidavit of circulator, prepared pursuant to paragraph (iii) of subsection (c). Promptly after the affidavit of the Petitioners'Committee. the form of petition, and the unexecuted affidavit of circulator (collectively "Documentation") are filed, the Clerk or other official designated by the Council rnay, at the , s�.buiit t1. hall submit the Documentation to the Village Attorney for review.at the Village'sexpense, as to legal sufficiency by and legality of subject matter:, 11 the Documentation is determined to be legally sufficient and of lawful subject matter, the Yillage Attorney au l/yr shall, withhi tenbusiness days of the Village Attorneys receij t of athe Documentation. so advise the Clerk ("Legal Sufficiency Ni tice")t€whonshal `issue the appropriate petition blanks to the petitioners` , «^ . LonulutYG.,, both at th�_k.,wL�.4Y,t�.�, �ar..,w.. Petitioners' Committee. 34 (i) Q Daternzina'tion of legal insufficiency. > If the Documentation is determined to be legally insufficient. the Village Attorney shall. within ten business days of the Village Attorney's receipt of the Documentation. propose revisions that respect the spirit and intent of the proposed initiative or referendum ("Proposed Revisions"), which the Clerk shall transmit to the Petitioners' Committee. If the Petitioners' Committee accepts the Proposed Revisions within ten business days of its receipt of the Proposed Revisions, the Proposed Revisions shall be incorporated into the Documentation, and the Documentation thus amended shall replace the initially proposed Documentation. The Clerk shall then issue the appropriate petition blanks to the Petitioners' Committee. If the Petitioners' Committee does not accept the corrections within ten business days, the Petitioners' Committee may redraft the Documentation. re -commence the proceedings. and file all Documentation with the Clerk in accordance with subsection (b) of this Section. Determination of unlawful subject matter. In the event the subject matter of the petition is determined to be unlawful, the Village Attorney shall. within ten business days of receipt of the Documentation, issue an opinion addressed to the Petitioners' Committee setting forth the reasons for such determination and advising that the petition will not be processed further and that the petition blanks will not be issued. e) Petitions. Number of signatures. Initiative and referendum petitions must be signed by electors of the Village equal in number to at least ten fifteen percent (19%)(15%) of the total number of electors registered to vote at the last regular Village election. (ii) Form and content. All papers of a petition shall be assembled as one instrument of for filing. Each signature shall be executed in ink and shall be followed by the printed` name and address of the person signing. Petitions shall contain or have attached thereto throughout their circulation the full text of the ordinance proposed or sought to be reconsidered. Thu petition shall be Lgally sufficient.. as well as a brief description summarizing such ordinance in plain language. (iii) Affidavit of circulator. l;a.,h paper of a pct,tron shall have attached to It wl.ca trtca Upon filing of the petition. each page of the petition that contains one or more signatures shall have an affidavit executed by the circulator tl.c1cof statilk, attached to it. The affidavit shall state the name of the circulator, that s/he personally circulated the paper page, the number of signatures thereon on the page that all the signatures were affixed in his/her presence, that s/he believes them to be the genuine signatures ofthe persons whose names they purport to be, and that each signer had an opportunity before signing to read the -full text of the ordinance proposed or sought to be reconsidered. 35 (iv) Filing deadline. Except as otherwise provided in paragraph (ii)(B) of subsection (a) of this Section, all initiative and referendum petitions must be filed within sixty (60) days of the date o r which proc.,cdi rgs avid. respect to such initiaG C o� r fLiLul.uEr a.c cuin.nc.lcLd.. the Clerk issues the appropriate petition blanks to the Petitioners' Committee. (d) Procedureforfiling. (i) Cerfifrcate of Clerk; amendment. Within twenty (20) days after an initiative petition is filed or within five (5) days after a referendum petition. is filed, the Clerk or other official designated by the Council, shall couiplete a Cc.tif atx a, tt its l..gal certificate of, sufficiency, ("Certificate's} specifying, if it: is, insufficient, the particulars wherein it, is defective and shall promptly send acopy of the Certificate to the pLtrtiuuLib' .. ui.uiiitk Petitioners' Committee by certified mail, return receipt requested(tiie-"Eei "tcate"-). Grounds for insufficiency are only those, specified in subsectron'(c),ofthis Section. A D ae .oncertiied insufficient for lack of the required number of, valid., signatures may be amended once if the, Petitioners' f ommittee f lesanotice of intention to amend it with the Clerk or other official designated,by the Council Niithintwo (2).business days after receiving the MYcif the Certiicate and, files.,a s plententary petition upon1additional papers within ten (10) days after receiving the copy,af,such Certifacate. Stich supplementary petition shall comply with the req iremerr s ofparagraphs (i)and (ii), and till) of subsection (c) of this Section, and within five (5) days after it is, flled•ithetClerk.or other officiat designated by the Council shall complete a Certificate as to the.kgal sufficiency of the petition astamended anti promptly send a copy of such Certificate td•th petittiull,,'k.wii.U.,:fee:Petitioners" ' u tuitteebycertified thail, return receipt regr t as,intthe' case*pf On?o ig L r ion Ifa etition or lied:, petition is m certifiedsufficient,orzfapetitionoil scndetf etitioniscertified, dent and the pLtitiosWij"e. 4ill Petitioner& ect Corrrrr►itt ee does t e tq amend or request "d )re s par s(u) of sa lr ec n (d) ; e a k..the time required, re Clerf ar odaei o er si, aledda etttncil B • BP E' y present his/her letenuination as (ii) Council review; if a peon has been certified insufficient a(d tl.,, p,.LLuIELio' counuitL b'ythe'Village pursuant to. paragraph ti) of this subsection (d). and the Petitioners' Comm tree. dpes not file notice of intention to amend it or if an amentie4 pcfitroii been certified insu#ficient,rtirc-coaittuttee pursuant to paragr 1 11 ' xif hi' su eetion (di. the Petitioners' ornmittee may, within two (�2) 4 r rna the copy of such Certificate,, file a request that it be the l a ® u l G E M 1 t ri 1.,,.. viewed . "tike. omsoif � cif review theCert sate at its neat meeting follow l mg , t e4giestiandapprove,or disapprove d, and the Council's deten irrra op� Cite lqq l,determi ration as to the sufi ericy of the petition. it+� 36 i✓ `Action on petitions.' (i) Action by Council. When an initiative or referendum petition has been finally determined sufficient, the Council shall promptly consider the proposed initiative ordinance or reconsider the referred ordinance by voting its repeal, all in the manner provided in Article IV. The repeal of an ordinance relating to the levy of ad valorem. taxes shall be by resolution. If the Council fails to adopt a proposed initiative ordinance without any change in substance within forty-five (45) days or fails to repeal the referred ordinance within thirty (30) days (or, in the case of a referendum authorized pursuant to paragraph (ii)(B) of subsection (a) of this Section, within five (5) days after the date on which the petition is determined to be sufficient), it shall submit the proposed o r referred ordinance to the e lectors o f the Village. I f the Council fails to act on a proposed initiative ordinance or a referred ordinance within the time period contained in this paragraph (i) O of th;o Sectivit, the Council shall be deemed to have failed to adopt the proposed initiative ordinance or failed to repeal the referred ordinance on the last day that the Council was authorized to act on such matter. (ii) Submission to electors. The vote of the Village on a proposed or referred ordinance shall be held not less than thirty (30) or more than sixty (GO) one hundred twenty (1201 days from the date the Council acted or was deemed to have acted pursuant to paragraph (i) o f s ubsection (e) o f t his S ection that t p ctition was d ct� .n:iicd saff �i ut. If nu i1,yulat. If no election is to be held within the period described in this paragraph, the Council shall provide for a special election, except that the Council may, in its discretion, provide for a special election at an earlier date within the described period. Copies of the proposed or referred ordinance shall be made available at the polls. (iii) Withdrawal of petitions. An initiative or referendum petition maybe withdrawn at any time prior to the fifteenth (15th) day preceding the day scheduled for a vote of the Village by filing with the Clerk or other official designated by the Council a request for withdrawal signed by at least eight -tenths (8/10) of the members of the l et;tiGnc.s w,Lunit tw Petitioners' Committee. Upon the filing of such request, the petition shall have no further force or effect and all proceedings thereon shall be terminated. (f) Results of election. Initiative. If a majority of the qualified electors voting on a proposed initiative ordinance vote in its favor, it shall be considered adopted upon certification of the election results. If conflicting ordinances are approved at the same election, the one receiving the greatest number of affirmative votes shall prevail to the extent of such conflict. (ii) Referendum. If a majority of the qualified electors voting on a referred ordinance vote against it, it shall be considered repealed upon certification of the election results. 37 (Ord. No. 92-18,' 1, 8-11-92/11-3-92; Ord. No. 97-11,' 1, 4-8-97/6-10-97; Res. No. 97-15, 4-1-97/6- 10-97) [Note: Ord./Res. Nos. need to be added] Section 5.03. Form of ballots. A that Li Charter amendment, ordinance or other ballot issue to be voted on by the electors shall be presented for voting by ballot title. The ballot title of a measure may differ from its legal title and shall be a clear, concise statement describing the substance of the measure without argument or prejudice. Below the ballot title shall appear the following, question: "Shall the above described [amendment'ordi nance/proposal],be adopted?" Immediatelybelow suchquestion shall appear, in the following order, the word "YES" and also the wordy"NO." (Res. No_ 97-15, 4-1-97/6-10-9+7) ARTICLE VL CHARTER AMENDMENTS, Section 6.01. Charter Amendments This Charter may be amended in accordance with the provisions of this Article. (Res. No. 97-15, 4-1-97/6-10-97) Section 6.02. Procedure to amend (a) Initiation. This Charter maybe amended in two (2) ways: (b) (i) By ordinance. The Council may, by ordinance, propose amendments to this Charter and upon passage of the initiating ordinance shall submit the proposed amendment to a vote of the electors at the next general election held within the Village or at a special election called for such purpose. By petition. The electors of the Villagemay propose amendments to this Charter by petition. Each petition proposing amendments to this Charter shall be commenced, in the form, filed, certified as to its sufficiency and/or withdrawn in the same manner as an ordinance proposed by initiative pursuant to Section 5.02. except that the Petitioners' Committee need only collect signatures from ten percent (10%) of the total number of electors registered to vote at the last regular Village election. Submission to electors. Upon certification of the sufficiency of a petition, the Council shall submit the proposed amendment to a vote of the electors at the next general election if such election is scheduled to beheld not less than sixty (60) days or more than one hundred twenty (120) days from the date on which the petition was certified or at a special election called for such purpose;; A special election, if necessary, shall be held not less than sixty (60) days or more than tint li1.nchcd t n aty(120) ninety (90) days from the date on which the petition was certified' sufficient. 38 0 (c) Results: of election. If amajority of the qualified electors voting on a proposed amendment vote for its adoption, it shall be considered adopted upon certification of the election results. If conflicting amendments are adopted at the same election, the one receiving the greatest number of affirmative votes shall prevail to the extent of such conflict. (Ord. No. 92-18,' 1, 8-11-92/11-3-92; Res. No. 97-15, 4-1-97/6-10-97) Section6.03. Form of ballot. Any charter amendment ballot issue to be voted on by the electors shall be presented on the ballot in the form required by Section 5.03. (Res. No. 97-15, 4-1-97/6-10-97) ARTICLE VII. GENERAL PROVISIONS* *Code reference —General provisions, ch. 1. Section 7.01. No casino gambling. There shall be no casino gambling within the Village; provided, however, that nothing herein shall prevent religious, educational or charitable organizations from holding occasional events which. feature games of chance which are not otherwise prohibited by State or County law. (Res. No. 97-15, 4-1-97/6-10-97) Section 7.02. Severability. If any section or part of section of this Charter shall be held invalid by a'court of competent jurisdiction, such holding shall not affect the remainder of this Charter or the context in which such section or part of section so held invalid may appear, except to the extent that an entire section or part of section may be inseparably connected in meaning and effect with the section or part of section to which such holding shall directly applyc (Res. No. 97-15, 4-1-97/6-10-97) Code reference--Severability of Code, ' 1-13. Section 7.03. Conflicts of interest; ethical standards. All C.aici11VIcinbcto, ' off a;a1s aird einpluytcs Elected Officials. Council Appointees. and Employees of the Village shall be subject to the standards of conduct for public officers and {employees set bylaw. In addition, the Council may, by ordinance, establish a code of ethics for Co ntcil M. nbc,s, uf&cials and c.npl�yees of ti c Village.. its Elected Officials. Council Appointees' and Employees. 39 Without in any way limiting the generality of the foregoing, no u,.,i.ib. r of the Coa,ic:l Elected Official shall have a financial interest, direct or indirect, or by reason of ownership of stock or, other equity ownership in any corporation or entity, in any contract or in the sale to the Village or to a contractor supplying the Village of any land or rights or interests in any land, material, supplies, or services unless, after full disclosure to the Council of the nature and extent of such interest, the same is authorized bythe Council before the event oraccepted < and ratified by the Council after the event. No Luc...Le of the Council Elected Official who possesses such a financial interest shall vote on, or participate in the Council deliberations conceming,;any such contract or sale if such interest is more than a de minimis interest. Any violation of this Section with the knowledge ofthep'erson or entiitycontracting withthe Vtllageshall.render thecontract voidable by the Council. (Ord. No. 92-18, ' 1, 8-11-92//11-3-92; Res. No, 97-15, 4+9746-10-97) •q' Code reference —Village Council, ' 2-21 et seq. Section 7.04. Village personnel system; merit principle. All new employments, appointments and promotions of Employees shall be made pursuant to personnel procedures to be established by the Manager from time to time. Such personnel procedures shall be based on principles of merit ,and .fitness. (Res. No. 97-15, 4-1.97/6-10-97) Section 7.05. Grants and charitable contributions. The Village shall not make any grants or charitable contribution to any person or entity, except such grants or contributions as have been approved by L. L. the affirmative vote of a majority plus one of the entire Council. (Ord. No. 92-18, 1, 8-11-92/11-3-92; Res. No. 97-15, 4-1-97/6-10-97) Section 7.06. Charter revision. At its first regular meeting in December of every fifth (5th) year after the adoption of this Charter, commencing with December 1996, the Council shall appoint a Charter revision commission (the "Charter Revision Commission") consisting of five (5) persons, one (1) of whom shall be a Council Member and four (4) of whom shall be electors of the Village. Ifthere a no Com,cil Mari bu b s. r ing a s. c i,dz e.i�ccutk v ' t�i,ii In the event that the appointed Council Member is unable or unwilling to serve on the Charter Revision Commission, the Council shall, appoint to the revision, cein.,hssie i ens (1) Cuu.wil M. mbc. an elector of the Village in his/her place. The Mayor shall not be eligible for appointment to the Charter Revision Commission.: The Charter Revision Commission shall, commence its proceedings within forty-five (45) days after appointment by the Council. If the Charter Revision Commission determines that a revision is needed, it shall draft such amendments to this Charter as it deems appropriate and submit the same to the Council not later than April 1' of the year following appointment. The report of the Charter Revision Commission may grant to the Council the option of placing the proposed amendments on the ballot for the next scheduled election. Otherwise, the 40 Council shall, not less than thirty (30) sixty (601 days or more than bL.ty'(60) ninety (90) days after submission of the proposed amendments to the Council, submit them to the electors of the Village in accordance with the provisions of Section 6.02, except that the provisions of subsections (a) and (b) of such Section shall not apply. (Ord. No. 92-18,' 1, 8-11-92/11-3-92; Res. No. 97-15, 4-1-97/6-10-97) Section 7.07. Variation of pronouns; singular/plural. All pronouns and any variation thereof used in this Charter shall be deemed to refer to masculine, feminine, neutral, singular or plural as the identity of the person or persons shall require and are not intended to describe, interpret, define or limit the scope, extent or intent of this Charter. When a term is defined the singular includes the plural, and the plural includes the singular, as the context requires. (Res. No. 97-15, 4-1-97/6-10-97) ARTICLE VIII. TRANSITION PROVISIONS* *Editor's note —The former sections of the Charter printed in this note, with their history, have become ineffective and no longer a part of the Charter, pursuant to section 8.01 of the Charter, since the implementation of each such section has been accomplished: Set out herein are former sections 8.02, 8.05, 8.06, and 8.07: Section 8.02. Interim governing body. After adoption of this Charter but prior to the election and acceptance of office of the first elected Village Council, the governing body for the Village shall be the Dade County Board of County Commissioners. In acting as the governing body for the Village during this interim period, the Dade County Board of County Commissioners shall not make decisions which. could reasonably be postponed until the election of the Village board of trustees or which would materially alter or affect the status quo` within the Village boundaries. (Ord. No. 92-18,' 1, 8-11-92/11-3-92) Section 8.05. Fiscal year and first budget. The first fiscal year of the Village shall commence on the effective date of this Charter and shall end on September 30, 1992. The first budget shall be adopted on or before October 30, 1991. Section 8.06. Transitional ordinances and resolutions. The Council shall adopt ordinances and resolutions required to effect the transition. Ordinances adopted within sixty (60) days after the first Council meeting may be passed as emergency ordinances. These transitional ordinances shall be effective for no longer than ninety (90) 41 days after adoption, and thereafter may be readopted, renewed or otherwise continued only in the manner normally prescribed for ordinances. (Ord. No. 92-18,' 1, 8-11-92/11-3-92) Section 8.07. Initial election of Council and Mayor. (a) Transition. This Section shall apply to all primary and regular elections for Council and Mayor held on or before December 31, 1996[,] and any conflicting provisions of Section 5.01 shall not apply to such elections. (b) Election;. dates. The first Village primary election shall be held on September 3, 1991. Primary elections shall also be held in 1993 and 1994 on the day of the second State primary election, or if none are held in any such year, on the first Tuesday following the first Monday of October. The first Village regular election shall be held on September 17, 1991. Regular elections shall also be held in November of 1993 and 1994 on the same day U.S. congressional elections are held, or ifnone are held in any year, on the first Tuesday fallowing the first Monday of said month and year. (c) 1991 elections. The primary and regular elections in 1991 shall be held pursuant to the procedures set forth in Section 2.03 and Section 5.01(d) and (e), except as follows: (i) only those candidates will qualify for election who have filed written notice of candidacy for Council Member or Mayor (but not both) with the Dade County Elections Department, which notice is received before 5:00 p.m., August 5, 1991 [,] and which notice shall: (A) indicate whether the candidate seeks the office of Council Member or Mayor; (B) contain the candidate's certification that he is a qualified elector of the State of Florida, is registered to vote in the Village and has resided continuously within the Village since August 5, 1990; ,v, (C) contain or be accompanied by such other information or statement, if any, as may be required by the Dade County Elections Department; (D) be signed by the candidate and duly notarized; and (E) be accompanied by a check payable to the Dade County Elections Department in the amount of$100.00; (ii) there will be six (6), rather than three (3), Council positions to be filled; (iii) the number of candidates on the regular election ballot will be twelve (12), rather than six (6); or a lesser number equal to two (2) times the number of Council positions to be filled, if any candidates were duly elected to the Council in the primary; 42 (iv) the Mayor will be elected to a two (2) year term expiring in 1993; (v) the three (3) duly elected Council Members receiving the most votes, respectively, will be elected to three (3) year terms expiring in 1994; for purposes of this provision, any Council Member duly elected in the primary will be considered to have received more votes than any Council Member elected in the regular election; and (vi) the three (3) remaining duly elected Council Members will be elected to two (2) year terms expiring in 1993. (d) 1993 elections. The primary and regular elections in 1993 shall be held pursuant to the procedures set forth in Section[s] 2.03, 2.04 and Section 5.01(d) and (e), except as follows: (i) the Mayor will be elected to a three (3) year term expiring in 1996; and (ii) the three (3) duly elected Council Members will be elected to a three (3) year term expiring in 1996. (e) 1994 elections. The primary and regular elections in 1994 shall be held pursuant to the procedures set forth in Section 2.03 and Section 5.01(d) and (e). {0 Maximum terms. Notwithstanding Section 2.03. any Council Member (including the Mayor) elected in the 1991 election may serve for a maximum of nine (9) consecutiveyears on the Council. and the Mayor elected in 1991 or 1993 may serve for a maximum of five (5) consecutive years as Mayor.* + s (g) Induction into office. Those candidates who are elected at the first regular election shall take office at the initial Council meeting, which shall be held at 7 p.m. on September 23, 1991[,] at the Key Biscayne Elementary School. (Ord. No. 92-18,' 1, 8-11-92/11-3-92; Res. No. 97-15, 4-1-97/6-10-97) Section 8.01. Temporary nature of Article. The following sections of this Article are inserted solely for the purpose of effecting the incorporation of the Village and, the transition to a new municipal government. and the transition to a five -member Council, two-year terms and Seats for Council Members. Each section of this Article shall automatically, and without further vote or act of the electors of the Village, become ineffective and: no longer a part of this Charter at such time as the implementation of such section has been accomplished. (Res. No. 97-15, 4-1-97/6-10-97) 43 Section 8.04. Taxes and fees. Until otherwisemodified by the Villag.. Council, all municipal taxes and fees imposed within the Villageboundaries by the County as the municipal government for unincorporated Dade County, which taxes and fees are in effect on the date of adoption of this Charter, shall continue at the same rate and on the same conditions as if those taxes and fees had been adopted, and assessed by the Village. r (Ord. No. 92-18,' 1, 8-11-92/11-3-92; Res. No. 97-15, 4-1-97/6-10-97) Section titt,a m the IiJ1 U ,.lauu uiay uiaAmauua uI uiva. (7) COu3s.t.uti%t,. ytai a vu • ahQ the IVldy'ul Oleo. • vcuts Je ycais as IVlaPh. L L 1 92-18, ,-Resr Nor 9-7=-1-574-1-977%-f&97)-8.08. Transition provisions to facilitate change to two-year terms;. five -member Council; Seats. Transition. This Section shall apply to all elections for Council Members held in 2002. Any conflicting provisions of Sections 2.04 and 5.01 shall not apply to such elections. (1 Seats. Upon approval of the Charter amendments by the electors of the Village, the title of the various Council positions shall be changed to reflect the following: (fl The Council position currently held by Council Member Martha Fernandez -Leon Broucek shall be deemed to be Seat 1. ii The Council position currently held by Council Member Mortimer Fried shall be deemed to be Seat 2. (iii) The Council position currently held by Council Member James L. Peters shall be deemed to be Seat 3. (iv) Seat 4 shall be deemed open and shall not be filled until the conclusion of the 2002 election. 44 Let 2002 Elections. Elections shall be held in 2002 in the manner described in Section 5.01. except that only Seat 4 shall be filled. The Council Member elected shall serve a two (2) year term in Seat 4. Thereafter all elections shall be held pursuant to the procedures set forth in Section 2.04 and Section 5.01. Section 6. The County registration books shall remain open at the Office of the Miami -Dade County Supervisor of Elections until June 10, 2002, at which date the registration books shall close in accordance with the provisions of the general election laws. Section 7. The Miami -Dade County Supervisor of Elections is hereby authorized to take all appropriate actions necessary to carry into effect and accomplish the provisions of this Resolution. Section 8. This special election shall be, canvassed by the County Canvassing Board in accordance with the provisions of the general election laws. Section 9. That copies of this Resolution and the Report proposing the Charter amendments are on file in the office of the Village Clerk located at 85 West McIntyre Street, Key Biscayne, Florida, 33149, and are available for public inspection during regular business hours. Section 10. T hat if a majority o f t he qualified e lectors v oting on a proposed C harter amendment vote for its adoption, it shall be considered adopted and effective upon certification of the election results. If conflicting amendments are adopted at the same election, the one receiving the greatest number of affirmative votes shall prevail to the extent of such conflict. Section 11. That in the event that some, but not all, of the Charter amendments are approved by the electors, conforming amendments shall be deemed to be adopted and the Village Attorney is authorized to revise the Charter, including the provision of transitional provisions, to the extent necessary to assure that all amendments adopted conform to one another. Section 12. That each of the Charter amendments which are approved by the electors shall be applied prospectively only. Further, those Charter amendments proposed in items "2," "5," and "T' of Section 4 of this Resolution shall be effective in accordance with the transition provisions related thereto and shall not operate to affect the existing term of office of any Council Member. Section 13. If amendment item "14" in Section 4 is approved, but amendment item "7" in Section 4 1 s not approved, the C harter text applicable t o amendment "14" s hall b e revised t o implement the election system reform envisioned by amendment "14," including the elimination of the primary election, but shall not include provisions concerning seats. 45 Section 14: ResolutionNo. 2002-17, on the same; subject matter, is hereby repealed and superceded by this Resolution, m order to revise the election date. Section 15.,That this4Resoiutionshall become effective upon, its adoption. PASSED AND ADOPTED this 301h day of April, 2002. ST: CONCHITA H.'ALVAREZ,, CMC VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: RICHARDJ AY WEISS, VILLAGE ATTORNEY 103001\resolutions\repea ling mail ballot reso. no. 2002-17 to reviseelection date. MAYOR. JOE I. RASCO 0 46 RESOLUCION"NO2002 21 RESOLUCION DEL CONSEJO MUNICIPAL DEL' MUNICIPIO DE KEY BISCAYNE, FLORIDA,; EN QUE CONVOCA A UNA ELECCION ESPECIAL SOBRE LAS ENMIENDAS PROPUESTAS PARA LA CARTA CONSTITUCIONAL DEL MUNICIPIO QUE SE CELEBRARA EL MARTES 9 DE JULIO DEL 2002, MEDIANTE EL PROCESO DE BOLETAS ENVIADAS POR CORREO. SE DISPONE SOMETER AL ELECTORADO PARA SU APROBACION 0 DESAPROBACION LAS ENMIENDAS A LA CARTA CONSTITUCIONAL RECOMENDADAS POR EL COMITE DE REVISION DE LA CARTA CONSTITUCIONAL DE KEY BISCAYNE CONFORME AL INFORME FINAL DE ABRIL DEL 2002; SE DISPONE EL TEXTO REQUERIDO PARA LA BOLETA; SE DISPONE EL PROCEDIMIENTO PARA EL E NVIO P OR C ORREO D E L AS B OLETAS; S E DISPONE EL AVISO; SE REVOCA Y SUPLANTA LA RESOLUCION Nth 2002-17 SOBRE EL MISMOTEMA PARA MODIFICAR LA FECHA DE LA ELECCION; SE DISPONE LA FECHA DE VIGENCIA. POR CUANTO, conforme a la Section 5.03 de la Carta Constitucional del Condado de Miami -Dade y a la Section 7.06 de la Carta Constitucional del Municipio, el Comite de Revision de la Carta Constitutional de Key Biscayne emitio su infonne final en abril del 2002 (el "Informe") en relation con las modificaciones necesarias a la Carta Constitutional del Municipio y ha redactado las enmiendas apropiadas a la Carta Constitucional del Municipio Para someterlas al electorado y POR CUANTO, en conformidad con la Section 7.06 de la Carta Constitutional del Municipio, el Consejo Municipal tiene la obligation de someter las enmiendas propuestas al electorado del Municipio. AHORA, POR LO TANTO, RESUELVESE POR EL CONSEJO MUNICIPAL DEL MUNICIPIO DE KEY BISCAYNE, FLORIDA, LO SIGUIENTE; Seccion 1. Que por la presente se convoca a una election extraordinaria que se'celebrara. el martes 9 de julio del 2002 para someter al electorado del Municipio de Key Biscayne (el "Municipio") cada una de las propuestas dispuestas en la Seccion 4 de esta Resolution que apareceran en la boleta. Section 2. Que las boletas enviadas por correo, segtin lo prescrito en las Sections 101.6101 a 101.6107 de los Estatutos de la Florida, se usaran en esta election extraordinaria. Tendran derecho a votar lodes los electores cualificados que residan, en el Municipi y que se inseriban oportunarnente. Section 3 .El aviso de la susodicha election se publicara eonforme a la Section 100.342 de los Estatutos de la Florida en un periodico de tirada general en el Munieipio al menos 30 dias antes de dicha election, la primera publication en el cual el aviso debera aparecer en la quinta semana anterior a la election y el segundo debera aparecer en la tercera semana anterior a la election y, sustancialmente, debera rezar de, la mauer'a s%guiente. ALSO DE ELECCIQIV EXTRAORDINARIA POR LA'PRESENTE,^SE AVISA POBLICAMENTE QUE CONFORME AL INFORME FINALDE SDEL 2002 DEL COM1TE DE REVISION DE LA CARTA CONSTITUCIONAL.DIEKEY BISCA YN E Y DE LA RESOLUCION DE AUTORit.AACION ;I3'EBIDAMENTE APR ADA POR EL CONSEJO MUNICIPAL, ' DEL +IUNICIPIO DE KEY, BISCAYNE; FLORIDA, (EL "MUNICIPAO") SE HA-ORDENADO Y osvpi;CADOeA UNA ELECCION QUE C SE ELEBRAR ,E.N B ETH UNICIPIO E E. M ARTESr9 D E JU LIO DEL 2 002 MEDIANTE BOLETAS ENVIADAS 'FOR Co O; FECHA EN LA QUE LAS SIGUIENTES EN NDAS PROPUESTAS PARA LA CARTA CONSTITtJCIONAL SE SOMETERAN AL ELECTORADO CUALIFICADODEL MJNICIPI;O Esas diversas,23 enmiendaapropuestas para la Carta Constitutional del Municipio, segtin estan deseritas por eI Comite de Revision de la Carta Constitutional de Key Biscayne en el Irtforme Final de Abril del 2002, propuestas a las que comunmente se alude por los sigdiente titulos,que apar;eceran'enalaa boletas 1. Ennriendas teenieas y estihsticas 2. Reduction del tamaiio del Consejo Municipal a, ° Pape/ del Consejo Municipal en conexion con ciertos deberes del Alcalde y del Adminisfraddr ^! , 4. Procedimiento para la designation de los miembros de las Juntas Municipales 5 Reduction del plazodel cargo de los miembros del Consejo 6: Plazq del seryieip del ,i lcalde 7_ Disposition de is election del Consejo por eseanos 8. Los candidates deben ser electores inseritos del Municipi por lo menos un alio antes de su cualifieacion 9. Reembolso de los gastos 10. Comunicaciones electorales 11. Definition y procedimientos aplicables a los proyectos de capital del Municipio 12. Tiempo limite para los procedimientos de iniciativa o referendo relacionados con proyectos de capital 13. Codigo, ordenanzas y resoluciones del Municipio 14. Procedimiento de la election del Alcalde y de los miembros del Consejo Municipal 15. Numero de electores necesarios para el Comite de Peticionarios en el proceso de iniciativa, referendo y enmienda de la Carta Constitucional 16. Porcentaje de firmas de electores necesario para las peticiones de iniciativa o referendo 17 Resumen en lenguaje sencillo necesario para las peticiones de iniciativa, referendo o enmienda de la Carta Constitutional 18. Creation del requisito de preautorizacion en cuanto a la suficiencia legal de las peticiones de iniciativa, referendo o enmienda a la Carta Constitucional 19. Periodo para someter al electorado las medidas de petition de iniciativa o referendo 20. Reduction del tiempo para someter al electorado las ennuendas a la Carta Constitucional 21. Subvenciones y contributions caritativas 22. Comite de Revision de la Carta Constitutional 23. Revision del cronograma para la election sobre las recomendaciones del Comite de Revision de la Carta Constitucional El texto complete de las enmiendas propuestas para la Carta Constitucional del Municipio'y la resolution de autorizacion para esta eleccioa estan disponibles en la Oficina del la Secretaria Municipal, localizada en el 85 West McIntyre Street, Key Biscayne, FL 33149. Secretaria Municipal Section 4. Que la forma de la boleta para cada una de las enmiendas propuestas a la Carta Constitucional sera la siguiente: 1. ENMIENDAS TECNICAS Y ESTILISTICAS Ha sido propuesto que se enmiende la Carta Constitutional del Municipio de Key Biscayne de modo que refleje los cambios estilisticos y teenier* no sustanciales hechos por motivo de claridad, que incluyen la insertion de palabras definidas yel empleo congruente de terminos, juntaniente con las enmiendas:que s necesario incluir por motivo de la conformidad y 3 congruencia de las ennuendas a la Carta Constitucional. j,Se debera aprobar la enmienda descrita, arriba? Si [ ] No [] 2. REDUCCION DEL TAMAIVODEL CONSEJO MUNICIPAL Aetuaimente, la Carta Constitutional del Municipio dispone que el Consejo consiste en siete personas, y establece que las dispositions de votacion del Consejo estan, basadas en esa cantidad. Ha sido propuesto que se reduzca a Gino el numero de miembros-del Consejo. 4Se debera aprobar la enmienda descrita. arriba?, . _ Si [] No 3. PAPEL QUE DESEMPENAEL CONSEJO MUNICIPAL EN RELACION CON CIERTOS DEBERES DEL ALCALDE Y DEL ADMINISTRADOR Se ha propuesto que se emniende la Carta Constitutional de modo que: (1) se requiera el consentimiento del Consejo para que el Alcalde represente al Municipio en las negotiations con otras entidades:gubenamentales; (2) se disponga que el Alcalde sometera un mensaje presupnestario anualmente tras la aprobacion del presupuesto por el Consejo Municipal; (3) se disponga que el Administrador debera obtener el parecer del Consejo para preparar tanto el presupuesto anual propuesto Como el programa de obras de capital. ;zSe debera aprobar la ennrienda descrita arriba? Si No 4. PROCEDIMIENTO DE DESIGNACION DE LOS MIEMBROS DE LAS JUNTAS MUNICIPALES Actuaimente, la Carta Constitutional del Municipio dispone que el Alcalde es quien designa a los miembros de las juntas municipales con la aprobacidn del Consejo, aunque no dispone un procedimiento pars dichas designaciones. Ha sido propuesto que se enmiende la Carta Constitucional de modo que se disponga un procediniiento especifico para que el Alcalde design a los miembros de las juntas municipales y el Consejo las ratifique, incluida la solicitacion de recomendaciones de los miembros del Consejo para las designaciones. LSe debera aprobar la enmienda descrita arriba? Si No 5. REDUCCION DEL PLAZO DEL CARGO DE LOS MIEMBROS DEL CONSEJO Actualmente, la Carta Constitutional del Municipio dispone que, except() el Alcalde, los miembros del Consejo sean elegidos para plazos de cuatro afios. Ha sido propuesto que se enmiende la Carta Constitucional de modo que se disponga que se eiegira para plazos de dos afios a los miembros del Consejo. El numero total de alias consecutivos que un miembm del Consejo puede prestar servicios sigue siendo de ocho afios. t,Se debera aprobar la enmienda descrita arriba? Si [1 No [1 '=b. DURACION DEL PLAZO DE SERVICIO DEL ALCALDE Actualmente, la Carta Constitutional del Municipio dispone que nadie prestara servicios en calidad de alcalde por mas de dos plazos consecutivos de dos afios por un total de cuatro afios consecutivos. Ha sido pmpuesto que se enmiende la Carta Constitucional de modo que se permita que una persona preste servicios en calidad de alcalde por no mas de cuatro plazos consecutivos de dos ands por un total de ocho anos consecutivos. ySe debera aprobar la enmienda descrita arriba? Si [] [1 5 7. DISPOSICION DE LA ELECCION DEL CONSEJO POR ESCAROS AetnaInterne, la Carta Constitucional del Municipio dispone que los candidatos al Consejo se postulen para representar a la totaIidad del municipio sin designation a un escaiio especifico. Ha sido propuesto que se enmiende la Carta Constitutional de modo que se disponga: (1) la election de cada miembro del Consejo para un .escaito'designado en representation de la totalidad del municipio y (2) se prorrogue el periodo de presentacion y comprobacion de las conditions necesarias para acceder al cargo si ningun candidate reune las condiciones necesarias para un escaliio en particular. Los escanos propuestos no representan a ninguna zona geografica en especifico. tSadebera aprobar la enmienda descrita arriba? 8 LOS CANDIDATOS TIENEN QUE HABER SIDO ELECTORES INSCRITOS DEL MUNICIPIO POR LO IVIENOS UN ANO ANTES DEL PERIODO DE PRESENTACION DE LAS CONDICIONES NECESARIAS PARA EL CARGO Actualmente, la Carta Constitucional del Municipio dispone que los electores del Municipio residan en el Municipio por lo menos un alio antes de postularse oficialmente para el Consejo MunicipaL Ha sido propuesto que se enmiende la Carta Constitucional de mode que tambien se disponga que los candidatos al Consejo Municipal sean electores inscritos del Municipio al menos por un ano antes de postularse oficialmente para un escafio en el Consejo Municipal. 2,Se debersaprobar la enmienda descrita arriba? Si.' No [] 9. EL REEMBOLSO DE LOS GASTOS Actualmente, la Carta Constitucional del Municipio dispone que tanto el Alcalde como los miembros del Consejo reciban reembolsos por los viajes autorizados que hagan y por los gastos diaros en que incurran. Ha sido propuesto que se enmiende la Carta Constitucional del Municipio de mod° que se disponga que se reembolse al Alcalde y a los miembros del Consejo los gastos autorizados en que incurran durante el desempeno de sus fimciones oficiales. 6 0 Se debera aprobar1a enmienda desaita arriba? Si No [] [1 10. LAS COMUNICACIONES RELATIVAS A LAS ELECCIONES Actualmente, la Carta Constitucional del Municipio no contiene ninguna dissposicion relativa a los gastos en defensa de la position del Municipio en cuanto a elecciones relacionadas con iniciativas, referendos o enmiendas a la Carta Constitutional. Ha sido propuesto que se enmiende la Carta Constitutional de modo que incluya dispositions y procedimientos relativos a los gastos de comunicaciones electorales, mediante los cuales el Consejo pueda disponer para que se informe debidamente al publico tanto acerca de las positions mayoritarias como de las minoritarias del Consejo. LSe debera aprobar la enmienda descrita arriba? Si [1 [1 11 DEFINICION Y PROCEDIMIENTOS APLICABLES A LOS PROYECTOS DE OBRAS DE CAPITAL DEL MUNICIPIO Actualmente, la Carta Constitucional del Municipio no contiene ni una definition ni los pmcedimientos pormenorizados de los proyectos de las obras de capital. Ha sido propuesto que se enmiende la Carta Constitutional de modo que: (1) se disponga una definition de los proyectos de capital y (2) se requiera una ordenanza, mas un aviso al publico antes de su segunda lectura, para que se apruebe un proyecto de capital de mas de $500,000. Se debera aprobar la enmienda descrita arriba? [] No [] 12. LIMITE D E T IEMPO D E LOS P ROCEDIMIENTOS D E LAS INICIATIVAS Y LOS REFERENDOS RELATIVOS A LOS PROYECTOS DE OBRAS DE CAPITAL Actualmente, la Carta Constitucional del Municipio no contiene ningun limite de tiempo para los procedimientos de las iniciativas y los referendos relativos a proyectos de capital. Ha sido propuesto que se enmiende la Carta Constitucional del Municipio de modo que se disponga que, en los 30 dias posteriores a la promulgation de la legislacion relativa a proyectos de capital se de eomienzo a los procedimientos de iniciativas y reThrendos relativos a dichos proyectos de capital. t,Se debera aprobar la enmienda descrita arriba? Si Ia No 13. EL CODIGO, LAS ORDENANZAS Y LAS RESOLUCIONES DEL MUNICIPIO Actualmente, la Carta Constitutional del Municipio dispone que, excepto los modificados pot el Municipio, se mantengan en vigor los codigos, las ordenanzas y las resoluciones del Municipio o del Condado de Miami -Dade que estaban en vigor el lro de abril deI 1997. Ha sido propuesto que se enmiende la Carta Constitutional de modo que se mantengan en vigor los codigos, ordenanzas y resoluciones que estaban en vigor 4 iro de mayofdel 2002, excepto los que modifique el Municipio. �Se debera aprobar la enmienda descrita arriba? Si No 14 EL PROCEDIMIENTO DE ELECCION DEL ALCALDE Y LOS MIEMBROS DEL CONSEJO MUNICIPAL Actualmente, la Carta Constitucional del Municipio dispone en terminos generates un sistema electoral, que incluye tante elecciones primarias y ordinarias Como de segunda vuelta. Ha sido propuesto que se enmiende la Carta Constitucional de mode que se elimine la election primaria y se disponga una election ordinaria, con la celebration de tma election de segunda vuelta con dos candidatos unicamente si ningim candidato recibe mas del 50% de las boletas votadas Para un escano o pars el cargo de alcalde. Se debera aprobar la enmienda descrita arriba? Si [1 8 15. NLJMERO DE ELECTORES NECESARIOS PARA EL COMITE DE PETICIONARIOS EN UN PROCESO DE`INICIAT1VA, REFERENDO 0 ENMIENDA DE LA CARTA CONSTITUCIONAL Actualmente, la Carta Constitucional dispone que un comite de peticionarios, integrado por no menos de diez electores, puede dar inicio a los procedimientos de iniciativa, referendo o enmienda de la Carta Constitutional. Ha sido propuesto que se enmiende la Carta Constitucional de modo que sea necesario un minimo de cuarenta electores del Municipio para dar inicio a los procedimientos de iniciativa, referendo o enmienda de la Carta Constitucional. i,Se deberaaprobar la enmienda descrita arriba? Si No [1 [1 16. PORCENTAJE DE FTRMAS DE ELECTORES NECESARIO PARA LAS PETICIONES DE 1NICIATIVA 0 REFERENDO Actualmente, la Carta Constitucional del Municipio dispone que las peticiones de iniciativa y referendo sean firmadas al menos por el 10% de los electores inscritos del Municipio. Ha sido propuesto que se emniende la Carta Constitucional de modo que se disponga que las peticiones de iniciativa y referendo sean firm das al menos por el 15% de los electores inscritos del Municipio. Esta modificacion no se aplicara a las enmiendas a la Carta Constitucional, ya que el requisito para estas seguira siendo del 10% conforme a lo dispuesto en la Carta Constitucional del Municipio. ySe debera aprobar la enmienda descrita arriba? Si 17. NECESARIO REDACTAR CON VOCABULARIO SENCILLO UN RESUMEN DE TODA EETICION DE INICIATIVA. REFERENDO 0 ENMIENDA DE LA CARTA CONSTITUCIONAL Actualmente, la Carta Constitucional del Municipio dispone que las peticiones de iniciativa, referendo o enmienda de la Carta Constitucional suministren la totalidad del texto de la ordenanza propuesta o que se desea que se reconsidere, aunque no especifica que debe suministialbe una description breve que resuma dicha ordenanza. Ha sido propuesto que se enmiende. la Carta Constitutional de modo que dichas peticiones incluyan tambien una description breve redactada eon vocabulario sencillo en la que se resuma dicha ordenanza. �Se debera aprobar la enmienda descrita arriba? Si [] No [ 18.CREACION DE REQUISITO DE AUTORIZACION PREVIA EN CUANTO A LA SUFICIENCIA LEGAL DE LAS PETICIONES DE. INICIATIVA, REFERENDO Y ENMIENDAS DE LA CARTA CONSTITUCIONAL Actualmente, la Carta Constitutional del Municipio dispone que las peticiones de iniciativa, referendo y enmienda de la Carta Constitutional tengan suficiencia legal aunque no dispone ningan proceso de revision legal obligatorio. Ha sido propuesto que se enmiende la Carta Constitucional de modo que se disponga la revision obligatoria por el Procurador del Municipio a expensas del Municipio de la suficiencia legal de toda petition de iniciativa, referendo y enmienda a la Carta Constitucional antes de su circulation y la prorroga de la fecha linute en}que se debe someter oficialmente la;peticion. Se debera aprobar la enmienda descrita arriba? Si! No 19. PERIODO PARA SOMETER AL ELECTORADO MEDIDAS DE PETICION DE INICIATIVA Actualmente, la Carta Constitutional dispone que toda election en relation ton una medida propuesta porpeticion de iniciativa o referendo se celebre entre treinta y sesenta dias despues de que el Consejo ejecute la petition. Para facilitar el cumplimiento de las dispositions de notificacion de la leyestatal, ha sido propuesto que se enmiende la Carta Constitucional para que sedisponga que dicho period() de tiempo sea de no menos de treinta y de no mas de 120 dias. LSe debera aprobar la. enmienda descrita arriba? 10 20. REDUCCION DEL PERIODO DE TIEMPO PARA SOMETER AL ELECTORADO ENMIENDAS A LA CARTA CONSTITUCIONAL Actuabnente, si se celebra una election extraordinaria para someter al electorado enmiendas a la Carta Constitutional, la Carta Constitutional del Municipio dispone que no se celebre mas de 120 dias despues de la fecha de certification de la petition . Ha sido propuesto que se enmiende la Carta Constitutional Para que disponga que se celebre la election extraordinaria en no mas de noventa dias despues de la fecha en que se certifique la suficiencia de la petition. i,Se debera aprobar la enmienda descrita arriba? [1 [1 21. LAS SUBVENCIONES Y LAS CONTRIBUCIONES CARITATIVAS Actualmente, la Carta Constitutional del Municipio dispone que el Municipio no haga ninguna contribution en forma de subvention o de donation caritativa a no ser que sea aprobada por todos los funcionarios electos. Ha sido propuesto que se modifique la Carta Constitutional para que se disponga que el Municipio haga subventions y contribueiones caritativas solo si se aprueban mediante la votacion favorable de la mayoria mas uno de todos los miembros del Consejo. 1,Se deberaaprobar la emnienda descrita arriba? Si No [] [1 22. COMITE'DE REVISION DE LA CARTA CONSTITUCIONAL Actuahnente, la Carta Constitutional dispone que uno de los miembros del Consejo que este prestando servicios por segunda vez consecutiva como nuembro del Consejo sea uno de los miembros del Comite de Revision de la Carta Constitutional. Ha sido propuesto que se 11 modifique la Carta Constitutional de modo que se disponga que cualquier miembro del Consejo puede prestar servicios en el Comite y que se designara a un elector adicional del Municipio si ningun miembro del Consejo puede o quiere prestar servicios en el Comite. GSe debera aprobar la enmienda descrita arriba? Si No 23. REVISION DEL CRONOGRAMA DE LA ELECCION SOBRE LAS RECOMENDACIONES DEL COMITE DE REVISION DE LA CARTA CONSTITUCIONAL' Actualmente, la Carta Constitutional del Municipio dispone la celebration de una election sobre las enmiendas a la Carta Constitutional propuestas por el Comite de Revision de la Carta Constitutional en no menos de trenta ni mas de sesenta dias despues de que scan sometidas las enmiendas propuestas por el Comite de Revision de la Carta Constitutional. Ha sido propuesto que se enmiende Ia Carta Constitutional de modo que se amplie ese periodo de tiempo a no menos de sesenta ni mas de noventa dias, para que este en eonformidad con la Carta Constitutional del Condado. �Se debera aprobar la enmienda descrita arriba? Section 5. Que la totalidad del texto de las enmiendas propuestas para la Carta Constitutional, confonne a lo dispuesto en el Infonne, es para afiailir los nuevos asuntos subrayados y eliminar los tachados de la manera siguiente: 8 Copyrighted. Municipal Code Corp., affiliated Municipality, 1999. PARTE I CARTA CONSTITUCIONAL* *Nota del editor - Ixnpresa aqui estala Carta Constitutional Municipal del Municipio de Key Biscayne, conforme a lo aprobado por el eiectorado el 18 de junio del 1991. I as enmiendas a la. Carta Constitutional estan indicadas mediante observaciones historicas parenteticas a continuation de las dispositions enmendadas. La falta de una observation historica indica'que la disposition se mantiene inalterada en cuanto a la Carta Constitutional original. Las faltas de 12 r ortografia obvias Tian sido corregidas sin anotaciones. Para fines estilisticos, se ha empleado un sistema uniforme de encabezamientos, titulos, fragmentos y citas de los estatutos estataies, As adiciones hechas por motivos de claridad aparecen indicadas entre parentesis angulares. Observaciones del Comite de Revision de la Carta Constitucional "dcl- 997. A continuation, se presentan observaciones incluidas en la Carta Constitucional conforme a lo dispuesto por Ll l l licit los Comites de Revision del 1997 y 2002 de la Carta Constitutional. 1. Para fines historicos, el celnit. Comite desea hacer la observation siguiente. Los integrantes del Comite original fueron las personas siguientes: Luis Lauredo, presidente Betty Sime, vicepresidenta Roberto Cambo, miembro Michael Hill, miembro Ed Sawyer, miembro Hugh O'Reilly fue el taquigrafo y Stuart Ames el abogado. 2. El Comite de Revision del 1996-97 de la Carta Constitutional, que fue designado por el Consejo Municipal el 10 de diciembre del 1996, se reunio durante los primeros meses del 1997 para revisar la Carta Constitucional del Municipio. Los integrantes del Comite de Revision de la Carta Constitucional fueron los siguientes: Betty Sime, presidenta Michael Kahn, vicepresidente Paul Auchter, miembro Martha Broucek, miembro Ron Drucker, miembro La secretaria fue Conchita H. Alvarez; el Administrador, C. Samuel Kissinger, y los abogados, Richard Jay Weiss, Stephen J. Heffinan y Nina L. Boniske. Como resultado de esas reuniones, se propusieron 25 enmiendas al electorado. Veintitres de las 25 emniendas propuestas fueron aprobadas por el electorado el 19 de junio del 1997. 13 El Consejo Municipal propuso tres enmiendas mas, pero solo una de ellas fue aprobada por el electorado el 10 de junio del 1997. La Carta Constitucional refleja las enmiendas a las Sections 4.10 y 5.02 aprobadas en la elecciongeneral,ceiebrada el 4 de diciembre de1200I, 3. El Comite de Revision del 2001-02 de la Carta Constitucionai,que fue designado por el Consejo Municipal el 13 de noviembre del 2001 y ratificado el 15 de enero del 2002, se rennio durance los primeros-meses del. 2002 para revisar la Carta Constitucional del Municipia Los integrantes del Comite de Revision de la Carta Constitutional fueron las personas siguientes: Martha F. Broucek. presidenta Michael A. Kahn, vicepresidente Stuart D. Ames. miembro Dr. Michael E. Kelly. miembro Luis Lauredo, miembro La secretaria fue Conchita H. Alvarez: el Administrador, C. Samuel Kissinger. y los abogados, Richard. Jay Weiss y Tony L. Recio. Como resultado de esas reuniones. se propusieron 23 enmiendas al electorado. de las 25 enmiendas propuestas fueron aprobadas por el electorado el 14 C� 0 Articulo I. La existencia social, la forma de gobierno, Ios limites y los poderes Seccion 1.01. La existencia social. Seccion 1.02. La forma de gobierno. Seccion 1.03. Los limites sociales/plano. Seccion 1.04. Los poderes. Seccion 1.05. La interpretacion. Seccion 1.06. El use de mayusculas: Articulo II. El Consejo Municipal; el Alcalde Seccion 2.01. El Consejo Municipal. Section 2.02. El Alcalde y cl Vic Seccion 2.03. El Vicealcalde Seccion 2.04. Las elecciones y el pla7o de los cargos; los escafios. Sccc on 2.04. Seccion 2.05.1 as cualificaciones. Scc ion 2.05 Seccion 2.06. Las vacantes; la perdida del cargo; la ocupacion de las vacantes. Se coo i 2.06. Seccion 2.07. Las revocations. Sccc:on 2.07. Seccion 2.08. Ninguna remuneration; el rembolso de los gastos. Articuto III. Lo administrativo Seccion 3.01. El Administrador Municipal. Seccion 3.02. La designation; la destitucion; la remuneration. Seccion 3.03. Los poderes y deberes del Administrador Municipal. Seccion 3.04. El Secretario Municipal. 15 1.2566 Section 3.05. El Procurador Municipal. Section 3.06. El codigo municipal del reglamento administrative. Seccion 3.07. El gasto de los fondos del Municipio. Seccion 3.08. La disposition de las ofertas en competencia. Section 3.09. La destitution de los designados por el Consejo. Articulo W. Lo Iegislativo Seccion 4.01. El procedimiento de las reunions del Consejo. Seccion 4.02. Las prohibitions. Section 4.03. Las medidas que requieren ordenanzas. Seccion 4.04. Las ordenanzas de emergencia. Seccion 4.05. La aprobacion del presupuesto anual. Seccion 4.06. El afio fiscal. Seccion 4.07. Las enmiendas de consignation de fondos durante el afio fiscal. Seccion 4:08. La autenticacion, inscription y disposition de las ordenanzas; las resoluciones y las enmiendas de la Carta constitucional. Seccion 4.09. El gravamen de los impuestos. Seccion 4.10. Los emprestitos. Seccion 4.11. La participation en los ingresos. Section 4.12. Las Juntas j 1111 y ag.n i1a�. Seccion 4.13. El Codigo del Municipio, las O, resolutions. Seccion 4.14. Las tasaciones especiales. 16 )I1 las ordenanzas y las 0 Articnlo V. Las elecciones" Seccion 5.01. Las elecciones. Seccion 5.02. Las iniciativas y los referendos. Seccion 5.03. La forma de las boletas. Articulo VI. Las enmiendas de la Carta Constitutional Seccion 6.01. Las enmiendas de la Carta Constitutional. Seccion 6.02. El procedimiento de las enmiendas. Seccion 6.03. La forma de las boletas. Articulo VII. Las disposiciones generales Seccion 7.01. La prohibition de los casinos de juego. Seccion 7.02. La divisibilidad. Seccion 7.03. Los conflictos de intereses; las normas eticas. Section 7.04. El sistema de personal del Municipio; el principio, de meritos. Seccion 7.05. Las subvenciones y las contributions C&itati vas caritativas. Section 7.06. La revision de la Carta Constitutional. Seccion 7.07. La variation de los pronoinbres; el singular y el plural. Articulo VIII. Las disposiciones provisionales Seccion 8.01. La naturaleza provisional del Articulo. Seccion 8.04. Los impuestos y las cuotas. Seccion 8.08. Las disposiciones provisionales para facilitar el cambio a plazos de dos anos; el Consejo de cinco miembros; los escanos. 17 ARTICULO I. LA EXISTENCIA SOCIAL, LA FORMA DE GOBIERNO, LOS LIMITES Y LOSPODERES Section 1.01. La existencia social. Por la presente, se crea la corporation municipal denominada Municipio de Key Biscayne (el "Municipio") conforme a la Constitution del Estado de la Florida (el "Estado") y la Carta Constitutional Autonomica del Condado Metropolitano de Dade (el "Condado"). La existencia social del Municipio comenzara tras la aprobacion de esta Carta Constitutional (la o esta "Carta ConstitucionaP'1. (Resolution numero 97-15, 4-1-97/6-10-97) Section 1.02. La forma de gobierno. La forma de gobiemo del Municipio sera de "Consejo y Administrador". (Resoiueion numero 97-15, 4-1-97/6-10-97) Section 1.03. Los limites sociales/plano Los limites sociales del Municipio seran los siguientes: COMENZANDO en el punto de intersection de la linea Oeste de Crandon Boulevard con la linea Sur de Crandon Park, dicho punto de intersection tambien esla esquina Nordeste del Tracto 1 de la SUBDIVISION DE UNA PARTE DE MATHESON ESTATE, KEY BISCAYNE, CONDADO DE DADE, FLORIDA, de acuerdo con el piano inscrito de este en la Pagina 86 del Libro de Pianos No. 46 de los Registros Pubiicos del Condado de Dade, Florida; de ahi, corre en direction Oeste a 10 largo de dicha Linea Sur de Crandon Park, que tambien es la linea Norte de dicho Tracto 1 y su prolongation Oeste hasta un punto en las aguas de la bahia de Biscayne, dicho punto esta a 1,200 pies al Oeste de la esquina maa al Noroeste del Tracto B de la CUARTA AMPLIACION DE LA SUBDIVISION' DE TROPICAL ISLE HOMES, de acuerdo con el piano inserito de este en la Pagina 39 del Libro de Pianos No. 53 de los Registros Pubhcos del Condado de Dade, Florida; de ahi, corre en direction Suroeste hasta un punto en las aguas de la bahia de Biscayne, dicho punto es el punto de intersection con la prolongacion Suroeste de la linea Sureste'del Lote 7 del Bloque 1 de la SUBDIVISION DE MASHTA POINT, de acuerdo con el plano inserito de este en la Pagina 37 del Libro de Planos No. 131 de los Registros Pt blicos del Condado de Dade, Florida, dicho punto de la intersection esta a 1,000 pies al Suroeste de la esquina mas al Sureste de dicho Lote 7, conforme a lo medido a lo largo de la prolongation Suroeste de la linea Sureste de dicho Lote 7; de ahi, corre en direccion Sureste hasta un punto en las aguas 18 0 de la bahia de Biscayne, dicho punto es el punto de intersection de la prolongacion Suroeste de la linea Sureste del Lote 17 de SMUGGLERS COVE, de acuerdo con el plano inscrito de este en la Pagina 83 del Libro de Planos No. 78 de los Registros Pablicos del Condado de Dade, Florida, con la prolongacion Oeste de la linea Sur de la Via Acuatica mostrada en el plano de CANOGA PROPERTIES --KEY BISCAYNE, FLORIDA, de acuerdo con el piano inscrito de este en la Pagina 88 del Libro de Planos No. 65 de los Registros Pablicos del Condado de Dade, Florida; de ahi, corre en direction Este, a to largo de la linea Sur de dicha Via Acuatica y sus prolongations hacia el Oeste y Este hasta un punto en el Oceano Atlantico, 500 pies al Este de la Linea de Control de la Erosion conforme a como dicha Linea de Control de la Erosion se muestra en el plano de esta en la Pagina 26 del Libro de Planos No. 74 de los Registros Pablicos del Condado de Dade, Florida; de ahi, cone en direccion Norte a lo largo de una linea a 500 pies al Este y paralela a la susodicha Linea de Control de la Erosion hasta el punto de intersection con la prolongacion Este de dicha linea Sur de Crandon Park; de ahi, corre en direccion Oeste a lo largo de dicha lines Sur de Crandon Park y su prolongacion Este hasta el Punto de Comienzo; Y COMENZANDO en el punto de intersection de dicha linea Sur de Crandon Park con la linea central de Crandon Boulevard, dicha linea central de Crandon Boulevard es la linea central del Tracto 10 del susodicho piano de la SUBDIVISION DE UNA PARTE DE MATHESON ESTATE, KEY BISCAYNE, CONDADO DE DADE, FLORIDA, y su prolongacion Nordeste; de ahi, corre en direccion Oeste a lo largo de la linea Sur de Crandon Park por un tramo de 400 pies; de ahi, corre en direccion Norte en angulo recto a la linea Sur de Crandon Park por un tramo de 700 pies; de ahi, cone paralelo en direccion Este con la linea Sur de Crandon Park por un tramo de 750 pies mss o menos hasta la susodicha linea central de Crandon Boulevard, de ahi, corre en direccion Suroeste a to largo de dicha lines central de Crandon Boulevard por un tramo de 783 pies mss o menos hasta el limite Sur de Crandon Park y hasta el PANTO DE COMIENZO. JINSERTAR PLANOJ (Resolution nuinero 97-15,4-1-97/6-10-97) Section 1.04. Los poderes. El Municipio tends todos los poderes gubernamentales, sociales y propietarios disponibles. Mediante la aprobacion de esta Carta Constitucional, la intention del electorado del Municipio es que se establezca aqui un gobiemo municipal que disfrute dermas amplio,ejercicio de los poderes autonomicos permitidos por la Constitution y las leyes del Estado. (Resolution flamer() 97-15, 4-1-97/6-10-97) 19 Section 1.05. La interpretation. Los poderes del Municipio se interpretaran liberalmente a favor del Municipao. (Resolution nuniero 97-15, 4-1-97/6-10-97), Section 1.06. El use de mayusculass. Cuando unapalabra definida esteen comillas y parentesis despues de la definition, se tratara a dichapalabra como temm�o.definido en el resto de esta Carta Constitucional, cuando este en n yms.911a- Indent nurnero 9.,7-15, 44-97/640-97) AiZTICULb II. EL CONSEJO MUNICIPAL; EL ALCALDE* * Nota del editor—Conforme a la Ordenanza.No. 92-18, ` 1 adoptada el 11 de agosto del 1992 y aprobada por el eIectorado el 3 de noviembre del 1992, se ha cambiado el titulo del articuio II de e sta C arta C onstitucional p ara q ue e n Lugar d e"La Junta d e F iduciarios d el Municipao; eI Alcalde" rece "El Consejo Municipal; el Alcalde". (Resolucion numero 97-15, 4-1-97/6-10-97) Referencia al Codigo—E) Consejo Municipal, ` 2-21 y los siguientes Section 2.01. El Consejo Municipal. `'Habra an Consejo Municipal (el "Consejo"), que tendra todos los poderes legislativos del Municipio ', , c onsistente e n c uatro (4) miembros (individualmente, un "miembro del Consejo"; y colectivamente, "miembros del Consejo") y el Alcalde. Las referencias en esta Carta Constitutional a los il1A 11ib1VO del C...,acjv ;,.clu:al al Al�ald., a . "funcionarios electos" incluiran a los cuatro miembros del Consejo y al Alcalde, cada uno de los cuales individualmente es un "funcionario electo". (Ordenanza numero 92-18, ` 1, 8-11-92/11-3-92; Resolution numero 97-15, 4-1-97/6-10-97) Section 2.02. El Alcalde y d V:. a aL ald.. 20 (a) El Akalde Generalmente. El Alcalde presidira las reunions del Consejo; y sera un miembro del Consejo con derecho a voto, no uLzaia eonmitta paia clCous..jo y &siguma Al Alcalde se le reconocera como jefe del gobierno del Municipio para todos los fines ceremoniales y para fines relativos a leyes militares, servicios de procesos, celebration de contratos, escrituras y otros documentos debidamente autorizados y. con la orientation y consejo del Consejo, como funcionario municipal designado para representar al Municipio en todas las negotiations con otras entidades gubernamentales. Anualmente, el Alcalde presentara un mensaje sobre el estado del Municipio y, tras la aprobacion del presupuesto por el Consejo, un mensaje presupuestario anual. (b) La designacion'de las Juntas del Municipio. El Alcalde designara a todos los miembros de las juntas: agencias y comites del `.Municipio- (las "Juntas del Municipio"). supeditado todo y en vigencia tras la ratificacion'por el Consejo. (1) El procedimiento de las designaciones. Antes de designarse a ningmn miembro de una Junta del Municipio, el Alcalde. durante una reunion del Consejo. pedira su recomendacion a cada miembro del Consejo para los designados, (ill La ratification. Los nombres de las designaciones del Alcalde se incluiran en el temario de la siguiente reunion del Consejo. fecha en que se estudiara su ratification. (iii) La exception. El procedimiento de designacion descrito en los parrafos (il y (ii) puede ser exceptuado por el Consejo en parte o en su totalidad en'conexion con una Junta especifica del Municipio. (iv) La falta de designation. En el caso que el Alcalde no designara miembros a una Junta del Municipio. el Consejo designara a los miembros. (Ordenanza nmimero 92-18. 1.8-11-92/11-3-92: Resolucienuumero 97-15.4-1-97/6-10-97) Section 2.03. El Vicealcalde. El Durante la ausencia o incapacidad del Alcalde, el Vicealcalde tendra todos los poderes, la autoridad, los deberes y las responsabilidades del Alcalde. En is primera reunion del Consejo despues de cada election ordinaria del Municipio, o en cualquier aiio natural en que no hayauna election ordinaria en el Municipio, en la primera reunion del Consejo durante el mes 21 N1 de noviembre de dicho afio, el Consejo elegira a un (1) de sus miembros como Vicealcalde. (O■.aovanza name,. ` 1, 8-11-92/11-3-92, Rvs„ laciea nu..mr097-15, 4-1-97/G-10-97) S�cci n. 2.03 Secei&n 2.04. Las elecciones y el plazo de los cargos; los escafos:. rt Gala ttuc i�L e d. l C: us j., y ..l Al.,a fa) Las elecciones y el plaza de los cargos. Cada funcionario elect° sera elegido sin distrito especifico nor un plazo de dos (2) altos por c1 electorado del Musmxcipio de la;manera dispuestaen eI Articulo V de esta Carta Constii uucional. s i,°s co el Cox.scjo Nadieiprestara.servieios como miembro del Consejo, coma cald'�e„o . al de Aica1 ey nuembre act Consejo, por Los escafios..Los miembros, del Consejo prestaran servicios en escafios numerados del al at: 4 findividusimente. un "Escano'"; colectivamente, "Eseaflos'r). Se de un miembro del Consejo para cada Escaiio. (Ordenanza numero 92-18, ' 1, 8-11-92/11-3-92; Resolucion Homer° 97-15, 4-1-97/6-10-97) Section, 2:04 2:05: Las eualificaciones. Los candidatos, para miembros del Consejo o Alcalde cualificaran para cada election inedianteelsometim ento de un aviso de candidatura a la Secretarial.,) Mtmicipio, especificando qui Escafio o cargo le interesa, en el moment°y forma que puedan prescribi se por ordenanza con page a la Secretaria 1.d Munk:kph! de la sums de Bien dolares ($100.00) en calidad de cuota de cualificacion. Ningun candidato para Alcalde puede*ser candidate para miembro del Consejo en la misma tleecion. Solo los electores del Municipio que hayan residida eontinuamente y hayan sido electores nscritos en el Munieipio durante al menos un (1).afro ,antes de la fecha de dicho sometimiento sera eiegibles para desempefiar el cargo demiembro:del Consejo o Alcalde:. Si al terminar el period° de cualificacion ningbn elector ha sometido o cualificado para un Escafio especifico entonees el period° de eaalfficaeion para niche Escafiase:reabrira por un period° de cinco (5) dias habiles. (Ordenanza numero 92-18, ` 1, 8-11-92/11-3-92; Resolucion numero 97-15, 4-1-97/6-10-97) Section 2-05 2.06. Las vacantes; la purdida del cargo; la ocupacion de las vacantes. (a) _ . Las meanies. El cargo de ,,,a..j. d. i Al. a11. un funcionario electo 0 Q l quedara vacante tras su fallecimiento, renuncia, destitution del cargo en la forma autorizada por la ley, o perdida del cargo. (b) La perdida del cargo. (i) La perdida por descalificacion. Un n .en.Lro dd Co,rsejv Todo func'onario electo perdera su cargo si en algun momento durante su plazo cesa de ser residente permanente del Municipio o de algtin otro modo cesa sin causa justa de ser elector cualifieado del Municipio. (ii) La perdida por ausencia. lJ,r ,n,e,,,Lro del Consejo Todo funcionario electo estara sujeto a perder su cargo, a discreci6n del resto del Consejo, si se ausenta sin causa justa de tres (3) reunions mensuales ordinarias del Consejo ("Reunions Ordinarias") durante un (1) aim natural, o si se ausenta sin causa justa de tres (3) Reunions Ordinarias consecutivas del Co„s�je, tratese del mismo ano natural o no. (iii) Los procedimientos. El Consejo sera el unto juez de las cualificaciones de sus miembros y escuchara todas las cuestiones relacionartas con la perdida del cargo de un i,,;e,nL,o d�1 Co„,eja un funcionario electo incluido el hecho de si ha establecido o pudiera establecerse o no una causa justa para la ausencia. La carga de establecer la can a justa quedara en manos del .,,;c,,,L,o 1.1 C�„sejv funcionario electo en cuestion; no obstante, sin embargo, cualquier inicn,Lm del Co„scjv funcionario electo durante cualquier reunion celebrada debidamente puede mocionar para establecer causa justa para la ausencia suya o de algun otro iu:c,,,L,� d. l Co„scje funcionario electo, de cualquier reunion pasada, presente o futura, mocion que, si se aprueba, sera conciuyente. Todo funcionario electo cuyas cuali$caciones ester en duda o que por algun otro motivo este sujeto a perdida de su cargo no votary en relation con dichos asuntos. Conbc. funcionario electo en cuestion tendra derecho a una o varias audiencias publicas ante el Consejo apeticion suya. Si se solicita una audiencia publica, debera publicarse aviso de esta en un (1) periodico o mas de uno de tirada general en el Municipio al menos una (1) semana antes de la audiencia. Toda determination final por parte del Consejo de que 11111 11 d d Coa ,cju un funcionario electoha peidido su cargo se hara por resolution. Todos los votos y otros actos del 1.1 Consyofuncionario electo en cuestion antes de la fecha de vigencia de dicha resolucion seranvalidos no iniporta los motivos de la perdida. (c) La ocupacion de las vacantes. Toda vacante en el Consejo o-errei . ,.s.,1. Al. a11. se ocupara de la manera siguiente: 23 (iv) (i) Si la 4al,aa'. 04.4.1 el cargo de un- miembro del Consejo queda vacante y quedan menos de seis (6) meses en el plazo sin veneer, la vacante la hard ocupar ei Consejo. Si la vacante ocurre en el cargo de Alcalde y quedan menos de seis (6) meses en el plazo sin venter, la vacante se, ocupara por votacion deI Consejo de entre sus miembros. (ii) Si queda un (1) ano o mas en el plazo sin venter, la vacante se ocupara mediante election extraordinaria que se celebrara ni antes de treinta (30) dias ni despues de noventa (90) Bias despues de que ocurra la vacante. i) Si quedaran seis (6) meses o mas pero menos de un (1).ano, la vacante la hard ocupar el-Consejo conforme a lo dispuesto en el pane° (i) de este inciso (c) a no ser que haya una election municipal, del .eondado,'estatalanacional prevista para celebrarse en alguna fecha durance dicho periodo, en cuyo caso la vacante se ocupara mediante eleetion extraordinaraipelebrada en la fecha de la primes eleccion susodicha..,. Si no hubiera ning(ur candidato cualif cado para una vacante en alguna election, el Consejo.designara a una persona em lifrcada con arreglo a este Articulo para la vacante. (v) Pese a las dispositions relativas al quorum establecidas aqui, si en algum momenta ; la totalidad de los miembros del Consejose reduce a una cantidad ukunor. a -la necesaria para el quorum, los miembros restantes, por voto mayoritario; podran designar a, miembros adicionales hasta el grado per nitido o de of a r ranera dispuesto eon aarreglo a este inciso (e),,` (vi) En caso de, que todos los miembros del Consejo fallecieran, quedaran discapacitados, fueran destituidos, fuesen destituidos del cargo o rentmciaran, el Gobemador designara a un ,, i.,rnbia Consejo interim que convocara a una eleeeeidn extraordinaria en no menos de treinta (30) ni, mas de sesenta (60) dfas despues de dicha designation y la susedicha election se ceiebrara en la misma forma. que las ;primeras elecciones con arregIta a esta Carta Constitucional; no obstapte; si hubiera menos de seis (6) ;meses restartes'en los plazos sin veneer, el,Conse�jo,interino,designado'Per et,Pobeniador prestara servicios hasta que venzan ,ios plazos, sin vencer Los dessignados tendran que satisfacer todos los recrApito4a, referentes a candidates drspuestos en la penultima oration de la Seamen (Ordenanza numero 9218, `.1, 8-11-92/11-3-92; Resolution niunero 97-15, 4-1-97/6-10-97) 24 Section 4:06 2.07. Las revocaciones. El electorado del Municipio estara facultado para revocar y destituir a cualquier funcionario electo d el c argo a c ualquici f un.cionado e Lao d .,1 M wllaapiv h asta e 1 g rado p ermitido p or 1 a Constitucion ylas leyes del Estado. El numero minimo de electores del Municipio que haran falta para iniciar una peticion de revocacion sera del diez por ciento (10%) del numero total del electorado del Municipio para la fecha de la eleccion precedente del Municipio. (Resolucion uumero 97-15, 4-1-97/6-10-97) Seccion 2.07 2.08. Ninguna remuneracion; el reembolso de los gastos. Losmn n�Lre� dpi Co. ego (uieluidu el AI a11�j Los funcionarios electos prestaran servicios sin remuneracion aunque recibiran reembolso por los gastos autorizados en que incurran durante el desempeiio de sus deberes oficiales en conformidad con las leyes pertinentes, o de la forma que pudiera disponerse de otra manera por ordenanza p viajwautwiz ay gait s i& os ineas.idas (Ordenanza numero 92-18, ` 1, 8-11-92/11-3-92; Resolution numero 97-15, 4-1-97/6-10-97) ARTICULO 1II. LO ADMINISTRATIVO* * Referencia al codigo - - Administracion. Capitulo 2. Seccion 3.01. El Administrador Municipal. Habra un Administrador Municipal (el "Administrador") que sera el jefe de los funcionarios administrativos del Municipio. El Administrador sera responsable ante el Consejo por la administracion de todos los asuntos del Municipio. (Ordenanza numero 92-18, ` 1, 8-11-92/11-3-92; Resolucion numero 97-15, 4-1-97/6-10-97) Seccion 3.02. La designation; la destitution; la remuneracion. El Consejo designara al Administrador por un plaza indefinido. El Consejo puede destituir al Administrador conforme a to dispuesto en este Articulo. La remuneracion del Administrador sera fijada por el Consejo. (Ordenanzanomero 92-18. ` 1.8-11-92/11-3-92. Resolutionnumero 97-15. 4-1-97/6-10-97) 25 Section 3.03. Los poderes y deberes del Administrador Manic;pal. El Administration (1) sera responsable por Ia designation, supervision y. destitution de los empleados del l„vlunicipio;; (2) dirigira y supervisara la administration de todos los departamentos y oficinas del Municipio pero no "sap juittcw y a.u,tia., Juntas, a no ser que se to ordene de tal manera otasionalmente el Consejo; (3) asistira a todas las reuniones del Consejo except) cnendo lo excuse el Consejo y participara en las diseusiones peronotends derecho al yoto; c(4) se encargara de que se ejecuten fief nente todas las leyes, dispositions de esta Carta Constitucional y las actas del Consejo, sujetas a la puesta en vigor y/o administration por el/ellao por los ftu cionai es empleados sujetos a su direcciony supervision (los "Empleados")`, (5) preparara yu u.t el presupuesto anual propuesto del Consejo y el programa de obras de capital, con la debida participation -del Consejo; (6) sometera al Consejo y ponds a la disposition del publico un informe anual sobre las finalizes y actividades adnunistrativas del Municipio para fines de cada alto fiscal; (7) prepared los demas informes que el Consejo pueda pedirle en reiacion con las operaciones de las Juntas, los departamentos y las ofic' , del Municipio; (8) mantendra completamente iaformado al Consejo acerca de Ia situation financiera y las necesidades futuras del Municipio y Kara les recomendariones al Consejo relatives a los asuntos del Municipio que considere necesanas para el beneficio del Municipio; (9) celebrath contiatos, escrituras y otros documentos a nombre del Municipio segun to autorice el Municipio y (10) desempefiara,los otros deberes que se especifiquen en esta Carta Constitutional o que le pueda requerir el Consejo. (Ordenanza numero 92-18, ` 1, 8-11-92/11-3-92; Resolution numero 97-15, 4-1-97/6-10-97) Via, 26 Seccion 3.04. El Secretario Municipal. El Consejo designara a un Secretario Municipal (el "SecrUario" a el "Secretario" "Municipal") por un plazo indefinido. La remuneration del Secretario sera fijada por el Consejo. El Secretario avisara a los miembros del Consejo y al publico acerca de 3as reunions del Consejo, se encargara de llevar las actas de las reunions que reran" documentos publicos y desempenara los demas deberes que el Consejo pueda prescribirle ocasionalmente. El Secretario rendira cuentas al Consejo y podia ser destituido por e1 Consejo segun la dispuesto en la Se.,c;o,i 3.09 este Articulo. (Ordenanza numero 92-18, ` 1, 8-11-92/11-3-92; Resolucion numero 97-15, 4-1-97/6-10-97) Seccion 3.05. El Procurador'Municipal. Ocasionalmente, el Consejo podra designar a un abogado individual o a un bufete de abogados p ara que d esempefie e 1 c argo d e P rocurador M unicipal -(el "Procurador Municipal") conforme a los plazos y condiciones congruentes con esta Carta Constitutional y con los que pueda establecer el Consejo. El Procurador Municipal rendira cuentas al Consejo y podra ser destituido por el Consejo en cualquier momento (Ordenanza numero 92-18, ' 1, 8-11-92/11-3-92; Resolucion numero 97-15, 4-1-97/6-10-97) Seccion 3.06. El codigo municipal del reglamento adnunistrativo. EI ad i11111sti adur Admin strador mantendra un codigo de las reglas administrativas del Municipio. El t,otsyv`Consejo, por odenanza establecera procedimientos apropiados para el aviso "razonable y los comentarios publicos sobre las reglas administrativas que se propongan antes de tomar la medida final acerca de ellast (Ordenanza numero 92-18, ` 1, 8-11-92/11-3-92; Resolucion numero 97-15, 4-1-97/6-10-97) Seccion 3.07. El gasto de los fondos del Municipio. Generalmente. El Municipio no gastara ningun fondo excepto con arreglo a las consignaciones aprobadas debidamente. Los gastos de comunicaciones. En donde una resolution u ordenanza haya sido aprobada conforme a Ias Sections 5.02 o 6.02 para el establecimiento de una election, y el Consejo apruebe un gasto de fondos (el"Gasto de Comunicaciones'9 para informar al pablico acerca de su position respecto de una propuesta especifica de la boleta electoral (la "Position de la Mayoria") via envios por correo. publicidad. paginas ciberneticas o por medios similares (cada una. una "Comunicaci6nl€ dicha 27 Comunicacion tambien informara al publico acerca de toda position minoritaria del Consejo (la "Posicion Minoritaria"). Los Funcionarios Elegidos que voten a favor de Posiciones Minoritarias podran formar un comite para cads Posicion Minoritaria (el "Comite de la Posicion Minoritaria"). El contenido de la Comunicacion en relation con cada Posicion Minoritaria(la"Comunicacion, de la Posicion Minoritaria") si las bubiere, sera determinado por el Comite de la Posicion Minoritaria que represente dicha Posicion Minoritaria. La resolution de antorizacion del Gasto de Comunicacion especiiicara el,tipo.de. Comunicacion y la fecha de. la Comunicacion de la Posicion Minoritaria serail completados y sometidos al Administrador pars su inclusion en is Comunicacion. Todas-las,Comunicaciones presentaran.tanto la Posicion Mayoritaria co no las Posiciones Minot ilarias sustancialmente en la misma forma en, to que a tamauo, color. tipo. largo y otras caracteristicas serefiere. excepto que. en cast) de que uno, o varies Con ites de Posicion Minoritaria etigen no incluir una Comunication:de Position,i.Minoritaria. Ia Comunicacion `contendra Ia,.Posicion Mayoritaria, ut i as Comunicaciones de Posicion Minoritaria. si las hubiere, y una declaracionwde.gne nno o varios,Comittes,de Posicion .Miaoritariano'eligieron i ixelu r una PosicionMiinoritariaen Ia.Comunicacion..: Los.Comites de Position Minoritaria ereados por la implementacien de esta.Section cadueara en la fecha en que se erectile Ia Comunicacion. u Proyecfos .fie capital. = EI Consejo puede autorizar gastos para: (i) la adquisicion, construction. renovation o mejora de edifieios e instalaeiones publicas: (ii) la compra detterren os y (iii) la compra de equipos. Cada una de las eategorias i, ii y iii. no importa suotttbStoittestkinit.,t"Proyecto ,de. Capital". Una resolucion u ordenanza, segan sea requer oa di alirobacion de. un, Provecto de Capital contendr coma m nimo una costa .proyectado del Proyectos de Capital sera denominado 'royecto de Capital de Autorizacion de Resolution u Ordenanza" ( ilia de Proyecto de Capital"). (Resolu 1-9716-10-97) Secciont3`108. La disposition de las ofertas en competencia. l ccepto lo d spucsto de otra manera por ley u ordenan7a, los contratos para otras piublicas, compra de sumimstros o materiales y adquisicion de servicios se otorgaran o harm en base a especificaciones ywofertas encomnpetencia, excepto en los casos en que el Consejo determine que hacerlo esIimpracti°` •1i4 . (Ordenan±anumero 2 i8, `,1 8=11-92/11-3-92 Resolution numero 97-15, 4-1-97/6-10-97) Section 3;119. Lat e los designados por el Consejo. 28 (c) El Administrador Municipal y el Secretario Municipal (cada uno, es un "Designado por el Consejo') puede ser suspendido con paga pendiente de su destitution por resolucion que estipulara los motivos de la suspension y de la destitution-propuesta. Se entregara copia de dicha resolucion inmediatamente al Designado por el Consejo afectado. E1 Designado por el Consejo afectado tendra quince (15) dias en que contestar por escrito a dicha resolucion y,: a petition suya, se le podra celebrar una audiencia publica ante el Consejo, que ocurrith ni antes de diez (10) dias ni despues de 15 dias'despues de que se solicite dieha audiencia y, tras su plena consideration, el Consejo MuAit iyal podra aprobar una resolucion final de destitution. El Designado por el Consejo afectado seguira recibiendo su remuneration plena hasta la fecha en que entre en vigor la resolucion final de destitution. (Resolution niunero 97-15, 4-1-97/6-10-97) ARTICULO IV. LO LEGISLATIVO Section 4.01. El procedimiento de las reuniones del Consejo. (a) Las reuniones. El Consejo ceiebrara al menos once (11) tcani ancs m a' uala� v..Liuu.aa Reuniones Ordinarias en cada afio natural, en la fecha y lugar que el Consejo prescriba por regla (las "Rcanio..cs Oidiaa.;as").'J as reuniones extraordinarias pueden celebrarse si las convoca el Alcalde o,.,uatiu (4) I1,:,,,,.L.ub d..l tres (3) Miembros del Consejo ytras al menos veinte y cuatro (24) horas de aviso a cada ,1u..ub1v Funcionario Electo y al publico, o en menos tempo si la mayoria del Consejo lo tree necesario por motivo de una emergencia que afecte la villa, seguridad, propiedad o paz publicas.; Las reglas y las actas. El Consejo detenninara sus propias-regias de procedimiento y el orden del dia y mantendra las actas'abiertas para su inspection publica El quorum y la votacion. Cualesquiera \dual.. (4) Liman It/5 &1 Cu„scd tres (3) Funcionarios Electos constituithn quorum aunque tm numero menor puede sesionar ocasionalmente y obligar a que asistan los iu:c...L.va Funcionarios Electos ausentes de la manera y sujetos a las penalidades prescritas por el reglamento de Este Consejo. La votacion sabre las ordenanzas y resolutions se hard por pase delista,acerca de lamedida :final la que se inscribira en las actas. Excepto por to dispuesto especialmente en esta Carta Constitutional, ninguna medida del Consejo tendravalidez ni obligatoriedad a no ser que sea aprobada por el voto afirmativo de al menos caatio' (4) MicmLrvs d.,l Co..s.,jotres (31 Funcionarios Electos. Si vuatro (4) tres (31 o mas uui.,rnbiva C.,,,b.,jor Funcionarios Jtlectos no fueran elegibles para votar acerca de un asunto particular a causa de una abstencionrequerida confomie a las leyes de la•Florida, entonces los restantes u,: >:ibiva d..l Conscje Funcionarios Electos podran votar y aprobar dicho asunto por votacion =Mime. 29 (d) El limite de tiempo de las reuniones. Ninguna reunion del. Consejo se extenders mss a11a de (-N.; las once de la noche, except() tras el voto afirmativo de Citify (5) fj.r . cuatro (4) Funcionarios Electos, o si estuvieran presentes menos de los t.;llco (5) Mi..aubiva X1.,1 Co1lzc u cuatro (41 Funcionarios Electos, tras el voto unanime de todos los M1cuJ ua 11.1 Curtsee Funcionarios Electos presentes en dacha reunion. (Ordenanza numero 92-18, ' .1, 8-11-92/11-3-92 Ordenanza numero 92-18, ` 1, 8-11-92/11-3-92, Resolution numero 97=15,•4-1; 97f6 -1G-9.7) Section 4.02. Las prohibieiones. (a) is„ El empleo ylas 1eatit,t,,:u,.ta la destitution. Ni el Consejo ni ninguno de 5ua-11uca1Lluo de sus Funcionarios Electos dictate. de manera alguna la designation o destitution de ningun Empleado a quiet' el Adntinastrador o alguno de sus subordinados este facultado para tkobiSI141 emplear, aunque el Consejo y cada Funcionario Electo puede expresar su parecer y discutir total y libremente con el AcLmnistrador cualquier asunto relacionado con is dcbignacio.l el empleo y la -destitution de;dicho fWn. vuatau y ..utpitsadu Empleado., (b) La. interferencia eon' la administration. •Excepto- para, averiguaciones e investigations hechas de buena fe, el Consejo o sus 1n1c111L1ua y cada Funcionario Electo lidiara con los fa.icionarios y clnpkadus d.d M1.11•t,tYiu los Empleados que esten sujetos a la direction y supervision del Admin strador unieamente por mediation del Adnvnistrador, y ni el Consejo m'SuS 1i11.411L1va ning(m Funcionario Electo dara ordenes a ninguno de dichos fm...tu11dtsos o fanyl..adva Empleados, ni en publico ni en privado. Es la intention expresa de esta Carta Constitucional quelas recomendaciones paralas mejoras en lasoperaciones gubernamentales del Munmipio pot ratite de Mi.;111Lrus individuaka d.,l C.,.laLj.r Funcionarios Electos se pagan unicamente alAdministrador y por mediation de este. Ningim ` Funcionario Eletcta4ara ardenes al Administrador. (c) E lase/10110 dear& cargos. Ningan faunally f. M.111\dipiu Funcionario Electo 4.desempefiara:cargo por designation o empleo en el-Municipio mientras este desempefiando ':" su'-cargo. N ngtin ex, Funcionario Electo desempefiara ningun cargo o eoremuneradopor designation en el Municipio hasta un(1) afio despues de que vedza sp'plazo,. , 1-J92/11-3-92; Resolutionnumerp 97-15„4-1-97/6-10-97) Section4.03. Las medid jaae regaieren ordenanzas. Por afiadidura a los otros actos dispuestos por las leyes o por dispositions especificas de esta 0 30 Carta Constitucional que deban efectuarse o autorizarse por ordenanza, las medidas del Consejo Mmi:cipal que requieren ordenanza serail aquellas cuya finalidad es: (1) adoptar o enmendar una regla administrativa o establecer, alterar o abolir algen(a) L ,rgo, Junta, departamento, pinta o ag. n.,;a o cargo municipal, (2) establecer una norma o regla cuya violation eonlleve una penalidad; (3) gravar impuestos o consignar fondos; (4) conceder, renovar o prorrogar una concesion comercial; (5) fijar cargos por servicios o a usuarios por concepto de servicios municipales u otorgar la facuitad administrativa para fijar dichos cargos; (6) autorizar emprestitos; (7) traspasar o arrendar o autorizar por medida administrativa la transferencia o arrendamiento de terrenos del que sean propiedad del Municipio; o (8) enmendar o revocar cualquier ordenanza adoptada previamente, excepto conforme a lo dispuesto de otra manera en esta Carta Constitutional o (9) aprobar todo Proyecto de Capital de mas de $15.000. Cuando una ordenanza de autorizacion de un Proyecto de Capital por mas'de 815.000 haya sido aprobada tras su primera lectura se dispondra por aviso Ia fecha y el horario de su segunda lectura ("Aviso de la Segunda Lectura"1. E1 Aviso de la Seomda Lectura incluir$ una descripcion breve del Proyecto de Capital y de su costo que se publicara por afadidura y contemporaneamente con los avisos publicados ordinariamente para segundas lecturas. A cada elector del Municipio se le enviara una tarjeta postal sobre el Aviso de la Segunda Lectura. No se anulara ninguna medida tomada por el Consejo sobre un Proyecto de Capital porque algon elector individual del Municipio no reciba la tarjeta postal del Aviso de, is Segunda Lectura. (Ordenanza mimero 92-18, ` 1, 8-11-92/11-3-92; Resolucion mimero 97-15, 4-1-97/6-10-97) Seccion 4.04. Las ordenanzas de emergencia. (a) La autorizacion y la forma. Con el fin de hater. frente a una emergenciapiiblica que afecte la vida, salud, propiedad o paz publicas, el Consejo puede aprobar, de la manera dispuesta 31 en esta Section, una o varias ordenanzas de emergencia, siempre que dichas ordenanzas no: graven impuestos; coneedan, renueven o prorroguen alguna concesion comercial municipal; fijen cargos por servicios o a usuarios por concepto de servicios municipales cualesquera o autoricen ernprestrrtos.excepto por lo dispuesto con,arreglo a las dispositions de consignations de fondos. de• emergencia de esta CartaConstitucional si fuera pertinente. Se sometera una ordenanza de emergencia en 1a forma y de 1 a m anera p rescritas p ara 1 as ordenanzas<generaimente, excepto que se designara ciaramente en un preambula que se trata de una ordenanza de emergencia y que contendra, tras la clausulaa de autorizacion, una declaration en la que se indique que existe una emergencia y se,describa esta eon terminos clrros y espeeificos. (b) El procedimiento. Se podra adoptar con o sin enmienda o recbazar una ordenanza de ,:;emergencia en la reunion en la que se someta. Tras, su aprobacion,; se pubiicara e imprimira ,la ordenanza conforme a lo presento para otras ordenanzas. , (c) La fecha de vigencia. T as ordenanzas de emergencia entraran en vigor tras su aprobacion o en la fecha en que se pueda especificar en la ordenanza. (d) La revocation. Excepto las ordenanzasde consignation de fondos de emergencia, se revocara automaticamente toda ordenanza de emergencia al sexagesimo primer (61er) dia despues de la fecha de su entrada en vigor, aunqueesto no impedira la reautorizacion de la ordenanza con arreglo a procedimientos ordinarios, a si la emergencia contnuara, de la manera especificada en esta Section. Toda ordenanza de emergencia tambien puede revocarse por aprobacrgn de una ordenanza de revocation de la misma manera especificada en esta Seccion para la.aprobacion de ordenanzas de emergencia, (e) Las consignacianes de fondos de emergencia. El Consejo podra hacer consignations de fondos de emergencia de la mantra dispuesta en esta Section. Rasta el grado que no hayan ingresos no consignados dispombles para hater frente a dichas consignaciones de fondos, el Consejo mediante ordenanza deemergencia padre. autorizar (sin importar la Seeeion 4.10) la envision de notas de emergencia, que pueden renovarse ocasonahnente, aunque las notas dg emergencia, incluida Ia renovation de estas, se ragman a mas tardar el ultimo dia del ario fiscal proximo siguiente al arm fiscal en que haya silo aprobada la ordenanza de apropiacion de fondos de emergencia originalmente: (Ordenanzanumero 92-18, `,1; 8-11-92/11-3-92; Resolution names 97-15, 4-1-97/6-10-97) Section 4.05. La aprobacien del presupuesto anual. (a) El presupuesto balanceado. Todo presupuesto anual aprobado por el Consejo sera un presupuesto balanceado. 32 0 (b) (c) La aprobacion del presupuesto. Por ordenanza, el Consejo aprobara el presupuesto anual al menos el ultimo dia de septiembre de cada afio. Si no aprobara el presupuesto anual para esa fecha, el Consejo, por resolution, podra ordenar que las'cantidades consignadas para las operations actuates para el afio fiscal que entonces tennine se consideren consignadas para el afio fiscal siguiente por un periodo de quince (15) dias y se renueven por resolution cada quince (15) dias, con todos los asuntos en el prorrateados proporcionalmente, hasta tanto el Consejo apruebe un presupuesto anual para el afio fiscal siguiente. Toda ordenanza de aprobacion de un presupuesto anual constituira las cantidades de las consignations de los fondos especificadas en ella. Las consignaciones de fondos'especifzcos. El presupuesto sera especifico en cuanto.a la naturaleza de cada categoria de consignaciones en el. Se podran hacer consignaciones razonables para contingencias, pero solamente dentro de categorias de gastos definidas. El Admimstrador Municipal podra transferir en cualquier momento el saldo de una consignation no asignada o la paste entre clasificaciones de gastos de una oficina o departamento. (d) La remuneracion diferida y las pensions. Las contributions a pensiones y a otros planes y arreglos de remuneracion diferida de los t,uipkiaduo del Mu..icipiu Empleados podran hacerse con arreglo a los plazos y terminos que el Consejo pueda establecer ocasionalmente en conformidad con buenos principios contables. (Ordenanza numero 92-18, ` 1, 8-11-92/11-3-92; Resolution numero 97-15, 4-1-97/6-10-97) Section 4.06. El 21110 fiscal. El afio fiscal del gobierno del Municipio comenzara el primer (1 er) dia de octubre y terminara el ultimo dia de septiembre del siguiente afio natural. Dicho afio fiscal tanibien constituira tanto el afio presupuestario anual Como el afio contable. (Resolution numero 97-15, 4-1-97/6-10-97) Section 4.07. Las enmiendas de consignation de fondos durante el afio fiscal. (a) Las consignations complementarias. Si durante algae afio fiscal, los ingresos por encima de los calculados en el presupuesto anual estan disponibles para su consignation, el Consejo, por ordenanza, podra hacer consignaciones adicionales para el afio fiscal hasta el monto de dicha cantidad adicional. (b) La reduction de las consignaciones de fondos. Si en algun momento durante el afio fiscal, 33 le parece probable al Administrador que los ingresos disponibles seran insuficientes para satisfacer las sumas eonsignadas, deberahacerselo saber al Consejo sin demora indicando la cantidad calculada del deficit asi como sus recomendaciones en cuanto a las medidas que deben tomarse para remediarlo..El Consejo entonces tomara las medidas necesarias para impedir gastos, deficitarios.no.cubiertos por reservas adecuadas. (Ordenanza numero 92-18, ` 1, 8-11-92/11-3-92; Resalucionnumero 97-15,`4-1-97/6-10-97) Section 4.08. La autenticacion, inscripeien, y disposition de las ordenanzas; las resoluciones y las enmendas de It Carta constitucionai (a) La autenticacion. El Alcalde o el. Secretario autenticaran con su firma todas las ordenanzas y.resoluciones aprobadas por el Consejo. Por anadidura, cuando el electorado haya aprobado renmiendas a la Carta Constitucional, el Alcalde y el' Secretario autenticaran con s u firma la e nmienda c onstitucional y d icha autentieacion reflejara la aprobacion por el electorado de la enmienda a la Lath ...nmtitua.uuual Carta Constitutional. La inscription. El Secretario mantendra libros con indite debidamente en los que se inserArira en su totalidad las ordenanzas y resoluciones promulgadas;por el Consejo. A direecion del Consejo, las ordenan7as se codificaran periodicamente. El Secretario tambien mantendra la Carta Constitucional Municipal en forma actualizada y dara asiento a todas las emniendas de la Lana constitutional Carta Constitutional. (b) (c) La irnpresion. Por ordenanza, el Consejo podra establecer.pmcedimientos para la toma de todas las resoluciones, ordenanzas, codigos tecncos aprobados por referencia y esta Carta Constitucional disponibles al Yu..l,l., d.,1 Mtut;c:pie para su inspection publica y disponibilidad para su compra por un precio razonable. (Ordenanza numero 92-18, ` 1, 8-11-92/11-3-92 Resolution numero 97-15, 4-1-97/6-10-97) Secciop 4.09. El gravamen de los impuestos. as? El Municipio tendra el derecho de gravar, imponer y recaudar todos los impuestos que le permitan las leyes, incluidos sin limitation los impuestos ad valo&enu, suntuosos, de concesiones comerciales o de privilegios asi come los impuestos sobre servicios y de servicios municipales publicos.: (Resolution numero 97-15, 4-1-97/6-10.97) Section 4.10.. Los emprestitos. 34 0 (e) La aprobacion de las deudas. El Municipio no incunira en deuda alguna a no ser que se incurs en dicha deuda por aprobacion de al menos cuatro (41 Funcionario Electos. Los limites. La deuda total del Municipio, incluidas las cantidades autorizadas aunque no extraidas atin con arreglo a acuerdos de emprestito en vigor y otros.arreglos contractuales con bancos y otras instituciones financieras, aseguradores, corredores y/o intermediarios, no podran exceder la parte mayor: fib?) del uno por ciento (1%) del valor imponible total de todas las propiedades en el Municipio, conforme a lo certificado por el Tasador de hmmuebles del Condado de Miami -Dade para el afio fiscal en vigor o au la cantidad que haria que el Servicio de la Deuda anual fuera-igual al quince por ciento (15%) de los gastos del Fondo General para el afio fiscal anterior. "Las definiciones. De la manera en que se usan en esta Seccion 4.10, los ter minds siguientes tendran los significados asignados a ellos en este incise. fi u Por "Deuda" se entiende toda obligation del Municipio de pagar dinems tomados en prestamo no importa la forma de dicha solicitud de prestamo desde la fecha de su constitucion en Municipio sin importar su contenido o plazo por los cuales fue contraido originalmente o convertido posteriormente mediante re&nanciacion o novacion, excepto (A) toda obligation que se requiere que se pague en menos de un afio y en la que se incurrio solamente para prestar ayuda de emergencia por motivo de desastres naturales o (B) la parte de toda obligation para las operations que sea financiada y operada de manera independiente y de rapida autoliquidacion y recuperada enteramente mediante cuotas y cargos a usuarios cobrados actualmente. ii Por "Servicio de la Deuda" se entiende toda limitation a esta, los pagos de intereses previstos, los pagos de principal y todas las cuotas financieras que se originen de la Deuda o' de obligaciones contractuales subyacentes, hayan sido incumdas originalmente, diferidas postenormente o renegociadas de otra forma Por "Fondo General" se entiende todo ingreso del Municipio de cualquier origen excepto los ingresos derivados de tasaciones especiales, cuotas y cargos a usuarios designados como fondo separado para financiar bienes y servcios al publico. (Ordenanza numero 92-18, `' 1, 8-11-92/11-3-92; Resolution Munro 97-15, 4-1-97/6-10-97) [Observation: No es necesario aftadir los numeros de las ordenanzas y resolutions] 35 Seccion 4.11. La participation en los ingresos. No se abonara ningun fondo del Municipio al Condado ni a ninguna otra entidad gubemamental con-arreglo a ninguna distribucionde ingresos ni a ningun programa de "partieipacion en los ingresos" (Resolution nurnero 97-15, 4-1-97/6-10-97) Seccion 4.12. Las juutaa y ageu.,aas Juntas del Municipio. El Consejo establecera o dara por terminadas las j.uita, y a6 sa iaa .Juntas Municipales que puedan ser aconsejabies ocasionalmente. Las Juntas Munieipales rendiran cuentas al Consejo. (Ordenanza numero 92-18, ` 1, 8-11-92/11-3-92; Resolucion numero 97-15, 4-1-97/6-10-97) Seccion 4.11 El Codigo del Municipio, 4s y las Rlaulu. iuu.;S las ordenanzas y resoluciones: Excepto lo modificado o reemplazado de otra forma por esta Carta Constitutional o por el Consejo Municipal, se mantendran en vigor todos los codigos, ordenanzas y resoluciones del Municipio y del Condado Muiopolitano de Miami -Dade, conforme a lo pertinente para el Municipio, cuyos Codigos, ordenanzas y resoluciones Condales y Municipales ester en vigor el primero de abril mayo del 1997 2002, Como codigos niunicipales, ordenanzas y resoluciones del Municipio. (Ordenanza numero 92-18, 1, 8-11-92/11-3-92; Resolution numero 97-15, 4-1-97/6-10-97) Seccion 4.14. Las tasaciones especiales. Segun las leyes, a las propiedades se les pueden imponer tasaciones especiales; no obstante, el Municipio no impondra ninguna tasacion especial a ninguna propiedad a no ser que: .., . (a) la mayoria de los dueios de las propiedades a las que se les impondra la taaarion especial sometan al Municipio una petition de tasacionespecial o (1) se celebre una election entre los dueiios de propiedades "a los que se habra de imponer la tasacion especial para aprobar dicha tasacion especial y la mayoria de los dueiios de propiedades que voten, con un (1) voto por propiedad, tuba. una voten a favor de la tasacion especial propuesta vut.,.i a Su favor. 36 r (Resolution nomero 2000-11,` 4,3-14-00/5-16-00) ARTICULO V. LAS ELECCIONES Section 5.01. Las elecciones. (a) El electorado. Se considera que toda persona que resida en el Municipio, haya cualificado como elector del Estado y se inscriba para votar de la manera prescrita por la ley, es un elector del Municipio. Ins elecciones no partidistas. Todas las elections para los cargos de Couccjal Miembro del Consejo y Alcalde se celebraran sin base partidista LQa fet.Juts ale Zeta Elections. Se ceirinuta uua elet.t,.O,, pi ;ma, is en todo u, o par el dnu dt, to ceicul at.cou ue la segtQtdu eleCuvrt [rr uuar ut cStulul y as u0 ae celel�rwu ruusurau erl tslsu,i unu, el yrurtcr iuurlee tleay . La fecha vidi 'a En noviembre de cada alto par, el mismo dia de las elections del Congreso de los EstadosUnidos se celebrara una election o, si no se celebrara ninguna en algun alto, el primer marten despues del primer tunes de dicllo-mesy noviembre de dicho afio. La elet tort pr uuu is Eleccion. La boleta de la election primaria contendra el nombre de todos los candidatos cualificados pima Alcalde y para cada uno de los cuatro (4) Escafios, e instruira al electorado a emitir un'(1) voto por el Alcalde y lao ut' tats (3) pm cl Cvnscjv, Cvu tut alla.tutto do tut (1) veto poi caudidato un (1) voto por cada Escano. Si aiglin eandidato para Alcalde recibe Z ll iimia .tu tlt, v vtva mas del cincuenta por ciento (50%) &1 ntrunc.o total de las boletas emitidac oara el Alcalde, dicho candidato sera Llt,.ga lv Alt,allt., y uv aa,ia ut,t,taatty IA, lt lua' iiingt is G1ci Ga0a1 o duaeLaa Para Ala,dldt,. $a algua c&1&d$o pata ci Caim jU r&1b., as ..a . tat s d. V taus debidamente elegido Alcalde. Si algtin candidato para un Escafio recite mils del cincuenta por ciento (50%) dcl aauau nv total de las boletas emitidas para dicho Escatio dicho(s) candidato(s) sera elegido debidamente'a dicho Escano. Si ningiin eandidato recibeniasz$ehcincuentapor ciento (50%) de las boletas emitidas para el Alcalde, y'cl uwivat) do cargos oai la unottticuda dt„ Ia cle.,cavu uxdmaiia at, d;Lau liunua pavpo1cm a1 ncalt... 1.a tk.c,.aOi. Oalluldlttl. La bvli,L & la elt.Ccaou vialuiaaaa GOuta,utlaa.,1 ilvual,ic. da, los dos (2) candidatos para Alcalde que reciban el ui aaaiiti m dt VOLVS Gal la t 1. CLiGali ana. La 11L1t to pate la t,lwt un al,ac do lOa to (6i) vaudidatva al )ubCju qlu, r&ibaii cl uaayva utuucav tYc vt,tw cu la cicwaivu liimuuia, S1.any.t.. gut, al at UtI tgo dt l Consc o SC ocupaad�il Iallanial as HIQ,Gavu, Cl iiuiin iv d. c,auajadatva al Cvaaavju dt sc a la stitit. ;0 igual al nark cn, i.;0 car, quc laml d. OGupaISG, 37 1.aultaplscado pOa .ivS (2). La bvl..ta lflatlnald. d. ivs C Altai& y que cunitan un niu cab d., %otvs poi cl Consejo quc no s..a nu.yoa qu. of nuuaau Ll�g aiv. Lva wuadidcdvo al Cvua..Jv alaui. awaircuri.l il.ayoa alulaea0 d Jvtoa, awk. a tiVatltCnte, scritrelegidordebidamenk a Os taigas testant..sque lean & ll..aais.. ce Cl Couayu. mayor numero de boletas emitidas seren incluidos ,en> una eleccion de segunda. vuelta. Si ningun candidato para un Escailo recihe mas del cincuenta por ciento (50%) de las boletas emitidas por dicho Escana.. los dos (2) candidatos que reciban mas del cincaenta nor ciente (SOQ/o) de las tholetas emitidas para dicho Eseauo. serail incluidos en una election de' segundavuelta paradicho Escaiio.; ff)(1.;, Las elections extraordinarias. Cuando sean necesarias, las elecciones'extraord narias seran programadas por el'Consejo en lastechas y de la manes que sear congruentes con, esta Carta Constituelonal. ( M Ea electron -de segunda vuelta. Sl lataa i,I%..n.avu p,uuatan a..Sulta.a Gli-qu.. aiva (2) u ticuiu a adidatvs'Cils IaaLaa i1.Uu vote Giupata.iv do sane aT y a0.3., aplia,ast put, lo talatu k.s limitacio,aes d..l i ic;so (c) fuera necesaria una elecciolrildei;segunda: vuelta, se, celebrara dos ''(2) semanas despuesde la election celebrada eonforme; al incise (e), de esta Seceion. VI candidate que reciba el mayor niilnero de boletas emitidas &ale eccion de segunda vuelta paraAlcalde sera el Alcalde.debidamente elegido. El' c ndidato que melba el mayor numero de boletas w das=para cada.Escalttosera debidamente elegido para dicho Escant). Si ocurriera an ipatado enuna demon de se lnda vuelta entre dos (2) o inns candidatos o de Alcalde o lam un Eseana xaecidird por suertes el direecion,del . Secretario. ,t s ,yue sus fninsero alto ygrov+sgSYj`t.e ckl P- r{ :i q4a{e e}lf{a[/ftof u de a.aa/sSla ..t 4,aal{ dd vCu Ise eta .cba ele&k n, dicho. 04fKa/a tit/ .:,. ALL,hZ O e.{ lea bold . 'GI uiv, id {usu/sa i. en la cal, 1111Luba 'del llfsatss..:yto. LOS candfdatos individuates. No sera necesaria nmguna election pare Meade ni pare ningun Est rdn lsiihi biera..solo un can d date'*debidamente,cualifcada,para Alcalde o para dicho Escabo.Se4onsiderare elegido a candidatoadebidamentetua"l ca o. ra electores ausentes La vo acionper boletapara eleetdresausentes se permitira D 38 confornie a lo dispuesto por las Ieyes del Estado y en las condiciones prescritas por ordenanza ocasionalmente; excepto que ninguna ordenanza limitara el derecho al voto por boleta para elector ausente disponible de acuerdo con las leyes estatales. 6iL1 El comienzo de los plazos. El plazo del cargo de un funcionario electo cualquiera comenzara siete (7) dias despues del dia de la election ordinaries de segunda vuelta o extraordinaria en que resulte elegido. (Ordenanza numero 92-18, ` 1, 8-11-92/11-3-92; Resolution numero 97-15, 4-1-97/6-10-97) Section 5:02. Las iniciativas y los referendos. (a) El poder para iniciar y reconsiderar ordenanzas. (i) La iniciativa. El electorado del Municipio estara facultado para proponer ordenanzas al Consejo y, si el Consejo no adoptara una ordenanza propuesta de esta manera sin cambios sustanciales, adoptarlas o rechazarlas en una election del Municipio, excepto que dicho poder no incluira a ninguna ordenanza para la consignaeion de fondos, el gravamen de impuestos o la fijacion de sueldos lob f.n,ciouarias y L1111) ‘..a s .1�1 Mmu.,ipiv: de los Designados por el Consejo y los Empleados. El poder de iniciativa no estara`disponible para proponer una ordenanza que demore. impida. cambie o de otra manera afecte la naturaleza o celebration de Proyectos de Capital. a no ser que se comiencen procedimientos respecto de la iniciativa en los treinta (30) digs posteriores a la fecha de aprobacion de la Legis adorn del Proyecto de Capital. El referenda. (A) ' El electorado d el M unicipio e stars facultado p ara a xigir q ne e 1 C onsejo reconsiders cualquier ordenanza aprobada y, si el Consejo no revocara una ordenanza reconsiderada de tal modo, aprobarla o rechazarla en una election del Municipio, excepto que dicho poder no incluira.el presupuesto anual ni ninguna ordenanza de consignarion de fondos, gravamen deimpuestos o fijacien de sueldos 1., l.,s f.u,cio„arius yti.nnlisad.,s d.;i M..niLipiv de los Designados por el Consejo y los Empleados. El poder de referendo deserito en este parrafo (i;)(A) d., esie ncise-(a) !^A2 no estara disponible pars exigir la reconsideration de una ordenanzade autorizacion de un Proyecto de Capital o de la envision de una deuda a no ser que los procedimientos respecto del referendo se comiencen en los'treinta (30) dias posteriores a la fecha de la aprobacion de la ordenanza. 39 (B) No obstante lo estipulado de manera contraria en elparrafo (ii)(A) de este inciso (a), el poder de referenda incluira a toda ordenanza de gravamen de impuestos ad valorem, siempre que (1) la ordenanza aumente la tasa del amillaramiento por encina de las cinco (5) miles' inns de dolar, (2) los proeedinuentosreiativos al referenda se comiencen en los veinte (20) dias posteriores, a la fecha de la aprobacionde la ordenanza y (3) todas'as peticiones"relativas al referenda se sometan en los treinta (30) dias posteriores a la fecha de la,aprobacion de laordenanza. (b) El comienzo de los proeedimientos. Un minima de ilicz (10) cuarenta (40) electores pueden comenzar los procedimientos de inkiativa;o re erettdo sr( someten al Secretaria o a otro t funcionario designado por ei Gousejo °una declaraci 6n ,turada en la que ind quen que constitairan el comite de pettcionartos,} que seranresponsables dehacex circular lapetie(on y de someter a en la forma ap ap ada, jeF"comite de los'Peticiona"rigs"). (11)'indicandrrsu �nombre,y.direccion y especi tdr�< ifin,a la cual, se ban de enviar 1 avisos al wIuit Cornice de Peticionan yam declararido en su totalidad t. i la e*' euanza e in%lativa pcopuesta o citando la ordenanza= que des au que se onsideire Pbr auadidura, elvComite de los,Peticionarios,sometern,,el formnlario de Ia petici6n que Ida cle usarse, eI cual contends una.descripcion breve.,en. que se resume en lenguaje sencillo la ordenanza de,tniciativa.propuesta a la.ordenanza it ie seder que se reco`nsidere, as1 eoruo uua declaracionEjurada no legalizada del circulante.preparada conformer al perrafa(iii);del ►neiso (c) ,iProutamenten desp s{cl c e s ieta, l'a°decl a o 'trade del` ©gfiti d., IA,t;.u,uuatiob Comic de. Peticiona"rcosw� Mario de Ia- face it . y la *dal.' aiIa no Iegaluzada del elrcn antekfdr�o�aaciile v nente i `ltocumeatacinn"1, el Secretario u otro fipncionari .�. , ar�y, x kk"i� P3, �. ,usiu. la ex.1�" A�f>O uca n. a., us pct f�.QuHy{k15. "�a a s is, Loa. esonensas" del. teteth Ia. Documentation al 4i'rocuradktr del, it itieiplo. revisiXn. � Municipio en cuanto-a su su determiajue la Documenta de`temasItcdo,el. - deolat Docu nentae ecretario (•el "Avis Ali aE k `• 117- 'ieitlanosi , ,-, Iat )egaliilad Rle1'tema del a 0_ Sfse se ii IiaCi�es pi "eYFr: � , Y.F �y�w• :.� , reeiir0 anal de de a deternunacio,t% l r dl�S ' e ' ` r� S� sed`eternnna que la Docurnentactbn es"insulicientelegalmente;-el Procurador Municipal's en los diez dias habile%tras einrecihoade. Ia£I)ocumentaiian OF el Procurador Municipal. propondra s tritti iia inteiiciliin I initiative f ndo ronuestas")' que elrt Secretario transmitira al omite de`Peticiouarios acepta las Revisiones 40 0 Propuestas en los diez dias habiles del recibo de las Revisiones Propuestas, las Revisiones Propuestas se incorporaran a la Documetacion y la Documentacion enmendada asi reemplazara a la. Documentation propuesta inicialmente. Entonces. el Secretario emitira los formularios en blanco de petition apropiados al Conine de Peticionarios. Si el Comite de Peticionarios no acepta las correcciones en diez dias habiles, el Comite de Peticionarios pods volver a redactar la Documentation. recomenzar los procedimientosy someter toda la Documentacion al Secretario en conformidad con e1 inciso (b) de esta Seccion. fill La'determinaeion de un tema Maim. Si se determina que el tema de una petition es ilicito, el Procurador-Municipal en los diez dias habiles del recibo de la Documentacion, emitira una opinion dirigida al Comite de Peticionarios estipulando los motives +detdicba determination e informando que la petition no se'procesara mas y que los formularios en blanco'no se emitiran. Las peticiones''- El numerode has firmas. Jas.peticiones de iniciativa o referendo tienen que ser finnadas por' el electorado del Municipio en un rnifllerOE igual a al menos el diez (10) (151 quince por ciento del numero total de electores inscritos para votar en la ultima election'ordinaria del Municipio. La forma y el contenido. Todos los papeles de una petition se reuniran como un solo instrumento de para someterlos. Cada firma sera hecha con tinta y estara seguida por el nombre, apellido y direction escritos en letra de imprenta de la persona que finny Las peticiones eontendran o tendran anexo durante su circulation el texto completo de Ia ordenanza propuesta o que se desea que se reconsidire. La ycticien sc,a asf ciciit. .gahlic,.t.., asi coma. una breve description resnmiendo dicha ordenanza en lenguaje sencillo. (iii) La it eclaracidn jurada del circulante. £ada payCl. d. tma Yctaaoil %,uamlu ac ,u;iieta Al someter la petition. cada vagina de la misma que contenga una o mas firmas tendra una declaration jurada-ejecutada por el circulante de -la i :nn,a 1e . a.aud., anexa a ella. La declaration jurada estipulara el nombre y apellido del circulante, que ha circulado personahnente vl papel la pagina, el numero de firmas en-esta en la pagina, que todas las firmas fueron hechas en su presencia, que el o ella cree que las firmas de dichas personas cuyos nombres dicen ser son plums y que cada firmante tuvo la oportunidad antes de firmar de leer el texto de la ordenanza propuesta o de la que se pide que se reconsidere en su totalidad (iv) La f ••echo limite para someter las peticiones.:Excepto lo dispuesto de otra manera en 41 (d) ado °a1 certificado, con sollp tti insuficiencia son somE de nmr - Peticiththnos' - fimcionerio desi la eopa del C compl`ent o`'a+off a it pane Peticiana similar al La ret uW1311tV . �V.#i in isow, d enmenda el parrafo (ii)(B) del inciso (a) de esta Seccion, todas las petitions de iniciativa o referendo tienen que someterse en los sesenta (60) dias posteriores a la fecha L11 q,.,, sc conucnccn lus pruc indcatWs rdathob a dacha iniciativa a r..krcudo. en que. el Secretaries emits los formnlarios en blancade peticton apropiados al Comite de Peticionarios. El procedintiento Para someter less peticiones. 1 certificado del Secretario y Iris enmiendas. En los veinte (20) dias e,sotnetadnapet�ciontde iniclattvao,e losctnco;(5),diasposteriores a la posteriores fecha a gue se'some'ta, una, pex%to de referendo, elg Seeretar o u otro funcionario f n i o eJo rt. cadtre�i Caadfo a su certificado de e( e al feb t3erfifi3e to' � Izw ca do,' si fpera; insuficiente, Jos una copies del contpletaraun t~c td, de `Petielondrios por correo "Ca ti fica lo"). Lps motivos de la el inciso (c) de esta Seecion. Se tca icad , t sufciente por fella iax tin S ta.. gnat Comite de C ,a1 Secretario u otro r ba es ster'iores a recibir plenaen . npapelesailicionales er eado Dacha petition os� ' ii del incise �� al ecretario ca(io en cuanto ' ' ek);ilendada y enviara 1 ` ' Gomitie de a ®te - � a ea • nn s� b s" a"�' ®teat' • r manera opeUc10n S®a`0.1% 9Y "1 da�yel yaa itk � 3 ., a c id en ui solliiycitt�ar el tienmo ntara t ento ces sera la d. 0 insuficiente y -c1 rrafo til de este ale su intention de a es msufieiente—ei D conforme al parrafo (0 de este inciso (d). el Comte de Peticionarios, en los dos (2) dias habiles posteriores a recibir copia de dicho Certificado pods someter una solicitud al Consejo para que lo revise. A continuation, el Consejo revissara el Certificado en su siguiente reunion a continuation de que se le someta dicha solicitud y 10 aprobara o desaprobara, y la determination del Consejo entonces sera la determination final en cuanto a la suficiencia de la petition. (e) Las medidas ocasionadaspor las peticiones. (i) Las medidas por parte del Consejo. Cuando se haya determinado finalmente que una petition de iniciativa o referendo es suficiente, el Consejo prontamente considerara la ordenanza de iniciativa propuesta o reconsiderara la ordenanza referida mediante la votacion-de su revocation, todo de la:manera dispuesta en el Articulo IV. La revocation de una ordenanza relacionada con el gravamendeimpuestos ad valorem se hard por resolution; Si el Consejo no aprueba una ordenanza de iniciativa propuesta sin cambios sustanciales en cuarenta y cinco (45) dias ni revoca la ordenanza referida en treinta (30) dias (o, en el caso de un referendo autorizado con arreglo al parrafo (ii)(B) del inciso (a) de esta Section, en cinco (5) dias despues de la fecha en que se determine suficiente la petition), se sometera la ordenanza propuesta o referida al electorado del Municipio. Si el Consejo no toma medida alguna en relation con una ordenanza de iniciativa propuesta o una ordenanza referida en el periodo de tiempo contenido en este parrafo (i) i�lci�o (c) d. ester Sa e:o,t, se considerara que el Consejo no ha aprobado laordenanzade iniciativa propuesta o no ha revocado la ordenanza referida el ultimo dia en que el Consejo estuvo autorizado para tomar medidas acerca de este asunto. El sometimiento a l electorado. E1 v oto d el Municipio a cerca d e una o rdenanza propuesta o referida se celebrara ni en menos de treinta (30) ni en mas de sca,uta (60) ciento veinte (120) dias despues de la fecha en que el - Consejo haya tornado medidas o se supone que haya tornado medidas con arreglo a este parrafo (i) del inciso (e) de esta Section gut la pctivion dacdnune suficiciit,..-.Si iuligdlia ck ccivil odiva der Si ninguna election se celebrara en el periodo descrito en este parrafo, el Consejo dispondra la celebration de una election extraordinaria,.:aunque el Consejo, a su discretion, puede disponer la celebration de una election extraordinaria en una fecha anterior del periodo descrit°. Copias de la ordenanza propuesta o referida estaran disponibles en los centros de votacion. ('iii) El retiro de las petitions. Se puede retirar una petition de iniciativa o referendo en cualquier momento antes del decimoquinto (15to) dia antes de la fecha prevista para la votacion del Municipio si se somete al Secretario o a otro funcionario designado por el Consejo una solicitud de retiro finnada al`rnenos por las echo decimas (8/10) 43 partes de los miernbrosdel .crn.I.t. d. y. tlt#;u.,aIus Comitk de Peticionarios. Tras someterse dicha solicitud, la petition quedara sin vigor ni efecto y todos los procedimientos relacionados se darau por,temmnados. Los resultados de las elecciones. (z) La iniciativa. Si la mayoria de los electores cualificados que voten en relation con una ordenanza de iniciativa propuesta lo hams a su favor, seconsiderara aprobada tras la certification de los resultados de la election. Si se aprobaran ordenanzas en con£licto en una;misu,aeleeci n„ prevalecera-hasta-el-grades de..dicho conflicto la que reeiba-el mayor n& ero de Motor mativos . Los referendas, Si».iaaaayoria de los electores,cualificados que voten en relation con una ordenanza'refs-Wade maen en contra de dsta, se considerara revocada tras la cetafi., eat* dolor ar,�esutadosdelaeleeei (Ordenanza mimed 92 - Resolution ninnera 97=158 ordenanzas y resoltteione ii31- t12s`Ordei -97) ['0bsetwacib Seccion 5.03. La forma de 1as.baletas. eaq 97-11, 1, 44-97/6-10-97; esariib afiadir los niuneros de las Se prescntara por el titulo de la boleta para su votacion toda enmienda a la Carta Carta Constitutional, Constitutional, ordenanza u otro asunto para la boleta sobre el cual deba votar el electorado. El titulo para la boleta de una medida puede diferir de su titulo legal y sera una declaration tiara y concisa en que se describe la sustancia de la medida sin argumento ni prejuicio. Debajo del Altaic Ode la, boleta : aparecera la pregunta s guiente: "{ Debera aprobarse la enmiendafordenan atpropuesta]'. descrita arriba?". Inmediatamente debajo de dicha pregunta aparecera en. elorden siguiente,1a,palabra "Sir y la palabra ` D". ARTICULO Vit LAS ENMLENDAS DE LA CARTA CONSITTUCIONAL SI :iamb 01. Las enutiendas de la Carta Constitutional. Esta Carta Constitutional puede enmendarse conforme, a las disposiciones de este Articulo. (Resolution numero 97-15, 4-1-97/6-10-97) Section 6.02.. Et procedimiento de las enmiendas. (a) La .initiation. Esta Carta Constitutional se puede enmendar de dos (2) maneras: (z) Por ordenanza. El Consejo, por ordenanza, podra:proponer enmiendas a esta Carta Constitutional y tras la promulgation de la ordenanza de initiation sometera la enmienda propuesta a la votacion del electorado en la siguiente eleccion general del Municipio o en una eleccion extraordinaria convocada para dicha finalidad. (b) (c) (it) Por petition. El electorado del Municipio puede proponer enmiendas a esta Carta Constitutional por petition. Toda petition que proponga enmiendas a esta Carta Constitutional comenzara, tendra la forma, se sometera y se certificara en cuanto a su suficiencia y/o se retirara de la misma manera que una ordenanza propuesta por iniciativa conforme a la Section 5.02, excepto que el Comite de Peticionarios no tiene que recoger mss que el diez por ciento (10%) de las firmas del nbmero total de electores inscritos para votar en la ultima eleccion ordinaria del Municipio. El sometimiento al electorado. Tras la certification de la:suficiencia de una petition, el Consejo sometera la enmienda propuesta a la votacion del electorado en la siguiente eleccion general si una eleccion tal estuviera prevista para celebrarse en menos de sesenta (60) dias ni mss de ciento veinte (120) dias despot's de la fecha en que la petition se certifique o en una eleccion extraordinaria convocada para dicha finalidad. Si fuera necesaria una eleccion extraordinaria, se celebraria en no menos de sesenta (60) dias ni en mks de Jcnto v Liuto (120) noventa (90) dias a partir de la fecha en que se haya certificado suficiente la petition. Los resultados de las elections. Si la mayoria de los electores cualificados que voten en una votacion de enmienda propuesta lo hacen para su aprobacion, se considerara aprobada tras la certification de los resultados de la eleccion. Si se adoptaran enmiendas en conflicto en una misma eleccion, prevaiecera hasta el grado de dicho conflicto la que reciba el mayor numero de votos afirmativos. (Ordenanza numero 92-18, ` 1, 8-11-92/11-3-92; Resolution numero 97-15, 4-1-97/6-10-97) Section 6.03. La forma de las boletas. Todo asunto para la boleta sobre una enmienda carta constitutional sobre el cual deba votar el electorado se presentara en la boleta en la fonna dispuesta en la Section 5.03. (Resolucion'ninnero97-15, 4-1-97/6-10-97) ARTICULO VII. LAS DISPOSICIONES GENERALES * Referencia al codigo — Las disposiciones generales, capitulo 1. 45 Section 7.01. La prohibition de los casinos de juego. No habra juegos en casinos en el Municipio; excepto que, nada aqui impide que las organizations religiosas; educativas o caritativas celebren actos ocasionales en que se celebren juegos de azar que no ester de otra forma prohibidos por las leyes del Estado ni por las del Condado. (Resolution numer° 97-15, 4-1-97/6-10-97) Section 7.02. La=divisibilidad.: Si un tribunal de mien competente encontrara invaiida alguna seccign o parte de una section de -testa Carta C onstitucional, dicha determinacion no afectara ai rest° de esta Carta Constituetonal m al contexto en que Melia section o parte de seccien considerada invalida aparezca, excepto pasta el grado en que una section enter<t.o una parte de una secci5n;pueda ester conectada inseparablemenite.e cuantoal significadoyefecto con la secciono laparte deseccian ala quedicha determinacian seap`liquedirtectamente. (Resoluc pn mincer° 97-15,t4-1-97/6-10-97.) Referencia al codigo -- La divisibilidad del Cedigo, ` 1, 13. Section 7.03. Los conflictos de intereses, las normas eticas. Todos ios s, fanc.oi.a<,ob y .,...pkadu 3�1 Cut a ju los Funcionarios Electos, los Designados por el Consejo y los Empleados del Municipio estaran supeditados a las normas de eondueta' para func onarios y empleados publicos estipuladas por ley. Por<anadidura, el Consejo podra establecer por ordenanza un.codigo de etica pars 1. s Mie tab,os funcionar os y.,.tiplcadus d. l sus Funcionarios Electos. Designados por el Consejo y Empleados. Sin que de manera alguna se limite.la generalidad de lo siguiente, ningun uu..,,L,,, d.l Con,.;iu.Funcionario Electo tendra interes financiem direct° o indirect° alguno o;por motivo de pmpiedad de acciones o de otra pmpiedad de plusvalia en alguna compaitta o entidad, ni en ningun contact° o yenta al Municipio o a ur contratista que surta al Municipio de terrenos o derechos o intereses en ningunterreno; material, suministros c servieios a no ser que, tras la revelacioncompieta al Consejo de la naturaleza y alcance de dicho interes, este sea =tornado por el Consejo antes del suceso o sea aceptado y ratificado por el Consejo despues del suceso. Ningun ukiwi,L,., Funcionario Electo que posea un interes financiero tal votara m participara en las deliberations del Consejo en relacion con dicho contrato o yenta si el susodicho interes es mayor que un interes minim°. Toda violacion de esta Section con el conocimiento de la persona o entidad que celebre el contrato con el Municipio tiara anulahle el contrato por parte'del Consejo. 46 0 (Ordenanza numero 92-18, ` 1, 8-11-92/11-3-92; Resolution numero 97-15, 4-1-97/6-10-97) Referencia al codigo — EI Consejo Municipal, ` 2-21 y los siguientes. Section 7.04. El sistema de personal del Municipio; el principio de meritos. Toda nueva contratacion, designation ypromocion de lus funciouaiios y cn,paduJ del Mi .iic;Yw los Empleados se hard segun los procedimientos de personal que establezca el Administrador ocasionalmente. Dichos procedimientos laborales se basaran en principios de meritos e idoneidad. (Resolution numero 97-15;4-1-97/6-10-97) Seccion 7.05. Las subvenciones y las contribuciones caritativas. El Municipio no hard ninguna subvention ni contribution caritativa a persona o entidad alguna, a no ser las subvenciones y contribuciones que sean aprobadas por lus siet� (7) M:. rnbiva del Consejo el voto afirmativo de to mayoria mas uno de todo el Consejo. (Ordenanza numero 92-18, ` 1, 8-11-92/11-3-92; Resolution numero 97-15, 4-1-97/6-10-97) Seccion 7.06. La revision de la Carta Constitucional. En su primera reunion ordinaria del mes de diciembre de cada quinto (5to) ano tras la aprobacion de esta Carta Constitucional, de diciembre del 1996 en adelante, el Consejo designara t' un comite de revision de la Carta Constitucional (el "Comite de Revision de la Carta Constitucional") compuesto por cinco (5) personas, una (1) de las cuales sera un u ;c lib:o dd Consejo quc estC piebtande s 'ieiOJ eii Ju &gaudo plazo consecutive come Miembro del Consejo y cuatro (4) de los cuales seranelectores del Municipio. Si mlnu dil CV ;V wtu4i�.ia consecutive, En el caso de que el Miembro del Consejo designado sea incapaz ono este~dispuesto a prestar servicios en "el Comite de Revision de la Carta Constitutional, el Consejo designara al ..uti d. 1l Y1J1V11 un (1) Mnaubw d�:l CuAlayv un elector del Municipio en su lugar. El Alcalde no podia-ser designado>al Comite de Revision de la Carta Constitutional. El Comite de Revision de la Carta Constitutional comenzara sus procedimientos en los cuarenta y cinco (45) Bias posteriores a su designation por el Consejo. Si el Comte de Revision de la Carta Constitucional detemiinaque se necesita una revision, redactara las enmiendas a esta Carta Constitucional que crea apropiadas y las sometera al Consejo a mas tardar para el primero de abriI del ano'siguiente a su designacion. El informe del Comite de Revision de la Carta Constitucional podra conceder al Consejo la opcion de colocarlas enmiendas propuestas en la boleta pars la siguiente election prevista. De otra forma, el Consejo, en no menos de tre ata (30) sesenta (60) ni en mas de acscuta (60) noventa (90) dias posteriores a someter las enmiendas 47 propuestas al Consejo, las sometera al electorado del Municipio en conformidad con las dispositions de la Section 6.02, excepto que las disposiciones de los incises (a) y (b) de dicha Section no se aplicaran (Ordenanza numero 92-18, ` 1, 8-11-92/11-3-92; Resolution numero 97-15, 4-1-97J6-10-97). Section 7.07. La variation de los pronombres; el singular y el plural, Todos los pronombres y toda variation de estos usados en esta Carta Constitutional se consideraran que se refieren al masculine, femenino, neutro, singular o plural Como la identidad de la persona o personas requiera y no sera su intention el describir ni interpretar, definir o limitar el, alcance, extension o intention de esta Carta Constitutional, Cnando se define un ternuna,,el singular neluye el plural v el plural incluye el singular.'conforme requiera el toutexto. (Resolution numero 97-15, 4-1-97/6-10-97) ARTICULO VIII:- LAS DISPOSICIONES PROVISIONALES* * Observation del editor — I2s secciones anteriores de la Carta Constitutional impresas en esta rota, con su historial, han perdido su efecto y ya no forman parte de la Carta Constitutional, conforme a la Section 8.01 de la Carta Constitutional, desde que se ha logrado la implementation de cada seecion tal.Estipuladas aqui se encuentran las antiguas, sections 8.02, 8.05, 8.06 y (las in lay (c)(i)(Iu) y (y,) dt. la Sc. clou 8:07: Section 8.021E1 organlsmo gobernante interipo. Tras la aprobacion de esta Carta Constitutional pero antes de la election y la aceptacion del cargo del primer Consejo Municipal elegido, el organismo gobernante del Municipie sera la Junta de Comisionados del Condado de Dade. Al fungir de organismo gobernante para el Municipio paraeste periodo interino, la Junta de Conusionados del Condado de Dade no tomara decisions que pudieranaplazarse xazonablemente hasta la election de la juntade,fiduciarios del Municipio o que pudieuinnakerar o ateetar xnaterialmente el state quo dentro de los limites del Municipio. (Ordenanza mimetic 92r1,8, ;1, 841-92111-3-92) Section 8.05. El ail° fiscal y el primer presupuestn. El primer afro fiscal del Municipio .comenzara en la fecha de vigencia de esta Carta Constitutionally terminara el 30 de septiembre del 1992. El primer presupuesto se aprobara para el 30 de octubre del 1991 48 0 Section 8.06. Las ordenanzas y resolutions provisionales. El Consejo aprobara Ias ordenanzas y resolutions requeridas para efectuar la transition. Las ordenanzas aprobadas en los sesenta (60) dias posteriores a la primera reunion del Consejo pueden aprobarse Como ordenanzas de emergencia. Esas ordenanzasprovisionales estaran en vigor por no mas de noventa (90) dias despues de su aprobacion, y en lo adelante podran volver a aprobarse, renovarse o continuarse de otro modo solo de la manera normalmente prescrita para las ordenanzas. (Ordenanzanumero 92-18, ` 1, 8-11-92/11-3-92) Section 8.07. La election initial del Consejo y del Alcalde. (a) La transition. Esta secciortse aplicara a todas las elecciones;primarias y ordinarias del Consejo y del Alcalde celebradas e131 de diciembredel 1996 o antes[,]y ninguna disposition en conflicto de la Section 5.01 se aplicara a dichas elections. (b) Las feclias de las elections. La primera election primaria del Municipio se celebrara el 3 de septiembre del 1991. Las elections primarias tambien se celebraren en el 1993 y en el 1994 en el dia err que se celebre la segunda election primaria estatal, o si ninguna se celebrara en dicho `'> afro, el primer martes despues del primer lunes del mes de octubre. La primera election ordinaria del Municipio se celebrara el 17 de septiembre del 1991_ Jas elecciones ordinarias tambien se celebraran en el mes de noviembre del 1993 y del 1994 en la misma fecha en que se celebren las elecciones para el Congreso de los Estados Unidos o, si no se celebrara ninguna en ningun alo, el primer martes despues del primer lunes de dicho mes y afro. (c) Inc elecciones del 1991. Las elecciones prirnarias yordinarias del 1991 se celebraran con arreglo a los procedimientos estipulados en la Section 2.03 y en laSeccion 5.01(d)y(e),excepta por lo siguiente: (i) solo cnalificaran para la eleccion.los candidatos, que hayan sometido por escrito aviso de su candidatura para Miembro del Consejo o Alcalde (pero no para<ambos) al Departamento de Elecciones del Condado de Dade, aviso que tiene que recibirse para las 5 pan. del 5 de agosto del 1991[,] aviso que: (A) indicara si el candidato esta postulado para el cargo de Miembro del Consejo o para el de Alealde; (B) contends la certification del candidato de que es un elector cualificado del Estado de la Florida, que esta inscrito para votar en el Municipio y que ha residido continuamente en el Municipio desde el 5 de agosto del 1990; 49 (C) contends o estara acompanadopor la otra,informacion o .deelaracion, si fuera necesario, que pudiera requerir el Departamento de Elections del Condado de Dade; (D) estara liimiado por el candidato y debidamente notiado y (E) estara acompanado p or un cheque p agadero al D epartamento d e E lecciones d, el Condadode Dade por el ingporte de $100; habra seis (6), en lugar de tres (3) positions en el Consejo que han de ocuparse; (iii) el numero de candidatos en la boleta pares la eleeeMn oniinaria,sera de dote (12) en lugar de seis (6); o un numero menor igual!. dos (2) veces el numero.deeargos en et Consejo,que han d ocuparse, si se eligieran debidamente candidatos para el Consejo en la pt. 'aria; el Alcalde sera elegido por un plaza de dos (2) altos que vencera,enel 1,993; (v) los tres (3) miembros del Consejo debidamente elegidos que reciban el mayor numero de votos, tespectivarnente, seran elegidos para plazas de tres (3)4aiios que venceran en el 1994; para fines de esta disposieion, se considerara que cualquier Miembro del Consejo debidamente elegido eit la. primaria ha recibido ma's ivotop que ningun Miembro del Consejo elegido en la election ordinaria y (vi) los tres (3) Miembros del Consejo restantes- debidamente elegidos seran elegidos para azos de dos (2) arias que venceran en el 1993. (d) Las elecciones del 1993. Las elecciones primarias y ordinarias del 1993 se celebraran conforme a los pratedimientos estipulados en las Sections 2.03, 2.04 y en la Section 5.01(d) y (e), exeepto por lo siguiente:. (i) el Alcalde sera elegido para un plazo de tres (3) altos que vences en el 1996 y (ii) los ties (3) Miembros del Consejo debidamente elegidos seran elegidos para un plazo de tres;(3) arias que vencera en el 1996. (e) Las elecciones del 1994. Las elecciones primarias y ordinarias del 1994 se ceiebrasn conforme a los procedintientos estipulados en la Seccion2.03 yen la Section 5.01(d) y (e). to Los plazas maximos. No obstante la Seccion 2.03. cualquier Miembro del Consejo jincluido el Alcaldel elegido en la election del 1991 pods prestar servicios por un maximo de nueve (9) altos consecutivos en el Consejo. y el Alcalde elegido en el 1991 o en el 1993.podr*a prestar servicios por un m*aximo de eineo faaiios consecutivos como Alcalde.*"s 50 0 (g) Induction al cargo. Los candidatos que sean elegidos en la primera election ordinaria tomaran posesion del cargo en la primera reunion del Consejo, que se eelebrara a las 7 p.m. el 23 de septiembre del 1991[,] en la escueia primaria de Key Biscayne. (Ordenanza tumero92-18, 1, 8-11-92/11-3-92; Resolucionnumero 97-15, 4-1-97/6-10-97) Section 8.01. La naturaleza provisional del Articulo. Las sections siguientes de este Articulo se insertan solamente con el, fin de efectuar la constitution del Municipio y, la transition a un nuevo gobierno municipal. y la transition a un Consejo de cinco miembros. plazos de dos aims'y Escafios para Miembros del Consejo.Cada section de este Articulo quedara automaticamente sin efecto y sin necesidad de medida o votacion alguna por el electorado del Municipio y dej ara de formar parte de esta Carta Constitutional en el momento-en que se haya logrado la implementation de dicha section: (Resolution numero 97-15, 4-1-97/6-10-97) Section 8.04. Los impuestos y las cuotas. Hasta tanto los modifique el Consejo Manic4Yalcontinuarancon la misma tasa y conditions como si dichos impuestos y cuotas hubieran sido apmbados ygravados por el Municipio todos los impuestos y cuotas municipales impuestas dentro de los limites del Municipio por el Condado en calidad de gobiemo municipal de la zona no constituida en Municipio del Condado de Dade, puestos y cuotas que estuvieron en efecto en la fecha de la aprobacion de esta Carta Constitutional. (Ordenanza numero92-18, 1, 8-11-92/11-3-92; Resolution numero 97-15, 4-1-97/6-10-97) ath.al&) cicgado cu la ch c. aou d.,11991 podia pi entat _ s..rvicioa por nn n.az,;mo dv nuee't (9) anon COu36..4ti%0n Cn CI C:vun410, Sauu cu Sc. va.,iu3 yui lilt nlas.nw do ..;hCu (5) aElva a.vunca.ut.% On. '.3 truuaa Y (O.d..nanna Mastro 92-18, ` 1, 8-11-92/11-3-92, R..svluciOn a,:n.cro 97-15, 4 1 97/6 10-07) 8.08. 51 Las dispositions de transition para faci&tar el cambio a plazas de los aios: el Consejo de cinco miembrosz los Escafios. la) La transition. Esta SecciOn se aplicara a todas las elections Data Miembros del Consejo eelebradas en el 2002. Ninguna stisposicion en conflicto de las Secciones 2.04 y 5.01 se.aplicara a dichas elecciones. (b) Los estates. Tras la aprobaci&n de las enmiendas a la Carta. Constitutional por el electorado del Municipio, el titulo de los diversos cargos del Consejo se caadbiare Para reflej:ar to signientse. El cargo en et Consejo desempefiado actualmenteporla miembro del Consejo Martha Fernandez -Leon Broucek se considerara el Escano 1. (ii) El cargo en el:Consejo desempenado actualmente por el miembro del Consejo Mortimer Fried se considerara el Escafio.2. El cargo en el Consejo desempenado actualmente por el miembro del Consejo James L. Peters se considerara el Escasio 3. (iv) El Escano 4 se considerara abierto y nose ocupara-basta la conclusion dela.eleccien del 2002. (c) Las elecciones del 2002. Las elections se celebraran en. el 2002 de la manera descrita.en la Seccien 5.01. excepto que solo se ocupara el Escafio 4. El miembro del Consejo que se elija prestara servicios por unplazo de dos (2) afios en el Escano 4. En lo adelante. todas las elecciones se celebraran conforme a los procedimientos estipulados en 1a Section 2.04 y en la Secci6n 5.01. Secci6n 6. Los libros de inscription del Condado se mantendran abiertos en la Oficina del Supervisor de Elections del Condado de Miami -Dade hasta el diez de junto del 2002, fecha en que los lib'ir s -de inscription se cerraran.en conformidad con las dispositions de las leyes electorates generales. _ eccion 7. Por la presente, se autoriza al Supervisor de Elections del Condado de Miami - Dade para que tome todas las medidas necesarias y apropiadas pars Ilevar-a cabo y porter en vigor las dispositions de esta Resolution. Secci6n 8, El escrutinio de esta election extraordinaria se llevara a cabo por la Junta de 52 Escrutinio del Condado en conformidad con las dispositions de las leyes electorates generates. Section 9. Que hay ejemplares de esta Resolucion y del Infonne en que se proponen enmiendas a la Carta Constitutional en las oficinas del Secretario Municipal localizadas en el 85 West McIntyre Street, Key Biscayne, FL 33149 y que estan disponibles para su inspeccion publica durante el horario habil ordinario. Section 10. Que si la mayoria del electorado cualificado que vote en una votacion sobre enmiendas propuestas a la Carta Constitutional lo hate para su aprobacion, se consideraran apmbadas y en vigor tras la certificacion de los resultados de la election. Si se adoptaran enmiendas en conflicto en una misma eleccion, la que reciba el mayor numero de votos afirmativos prevalecera hasta el grado de dicho conflicto. Section 11. Que en caso de que algunas, aunque no todas, las enmiendas a la Carta Constitucional fueran aprobadas por el electorado, las enmiendas confonnadas se consideraran aprobadas y el Procurador Municipal esta autorizado para modificar la Carta Constitutional, incluida la disposicion de disposiciones provisionales, hasta el grado necesario para garantizar que todas la enmiendas aprobadas conformen unas con otras. Section 12. Que cada una de las enmiendas a la Carta Constitutional que span aprobadas por el electorado se aplicaranprospectivamente solamente. Por ailadidura, las enmiendas a la Carta Constitutional propuestas en los items 2, 5 y 7 de la Section 4 de esta Resolution entraran en vigor en conformidad con las disposiciones provisionales reiacionadas aqui y no operaran para afectar el plazo actual del cargo de ningun.Miembro del Consejo. Section 13. Si el item 14 en la Section 4 de enmienda se aprueba pero el item 7; de enmienda de la Section 4 no se aprueba; el texto:de la Carta Constitutional aplitable a,la enmienda 14 se modificara.para implementar la reforma al sistema electoral previsto en la enmienda 14, incluida la eliminacion de la election primaria, aunque no incluidas las disposiciones concennentes a los escafios. Section 14. La Resolution numero 2002-17, sobre el mismo tema, se revoca por la presente y se sobresee por esta Resolution, de modo que se modifique la fecha de la election. Section 15. Que esta Resolution entrara en vigor tras su aprobacion. 53 PROMULGADA Y APROBADA este dia 22 de abrii del 02.__ RESOLUTION NO. 2002-20 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, CALLING A SPECIAL ELECTION ON PROPOSED AMENDMENTS TO THE VILLAGE CHARTER TO BE HELD ON TUESDAY, JULY 9, 2002 BY MAIL BALLOT PROCEDURE; PROVIDING FOR, CHARTER AMENDMENTS PROPOSED BY THE VILLAGE COUNCIL CONCERNING AMENDING SECTION 2.07 "NO COMPENSATION; REIMBURSEMENT FOR EXPENSES" TO READ SECTION 2.07 "COMPENSATION; REIMBURSEMENT FOR EXPENSES," TO PROVIDE FOR PAYMENT OF ANNUAL SALARY FOR MAYOR AND COUNCIL MEMBERS; PROVIDING FOR REQUISITE BALLOT LANGUAGE; PROVIDING FOR PROCEDURE FOR MAIL BALLOTING; PROVIDING FOR NOTICE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Miami -Dade County Charter Section 5.03 and Village Charter Section 6.02(a)(I), the Village Council has adopted an ordinance proposing revisions to the Village Charter and has caused to be drafted the appropriate amendment to the Village Charter for submission to the electors;and WHEREAS, in accordance with Section 6.02 of the Village Charter and Section 5.03 of the Miami -Dade County Charter, the Village Council desires to submit the proposed Charter amendment to the electors of the Village for approval or disapproval. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. That a special election is hereby called for Tuesday, the 9th day of July, 2002 to present to the electors of the Village of Key Biscayne (the "Village") the ballot question provided in Section 3 of this Resolution. Section 2. That mail ballots, as prescribed by Sections 101.6101-101.6107; Florida Statutes, shall be used in this special election. All qualified electors residing within the Village who are timely registered shall be entitled to vote. Section 3. That notice of said election shall be published in accordance with Section 100.342, Florida Statutes, in a newspaper of general circulation within the Village at least 30 days prior to said election, the first publication to be in the fifth week prior to the election, and the second publication to be in the third week prior to the election, and shall be in substantially the following form: COMPENSATION FOR MAYOR AND COUNCIL MEMBERS "NOTICE`OF SPECIAL ELECTION PUBLIC NOTICE 15 PiEREEYGIVEtk THAT PURSUANT TO AN ENABLING ORDINANCE AN RESOLUI ON DULY ADsOPTED TITI ILLAGE OF KEY TION SAS �t tnE The current Village Charter requires the Mayor and Council Members to serve without compensation. The Village Council proposes amending the Charter to enable the Mayor and Council Members''to '''receive annualcompensation established by the Charter, of $12,000. for the Mayor, and $7,200. for Council Members, subject to annual adjustments for cost of living increases on the same basis that'sueh adjustments are provided to Village adniit istrative employees. Shall the above described amendment be adopted? Yes[], No [ The above described proposition is in addition to the Charter amendments proposed by the Charter Revision Commission. The full text of the proposed Charter amendment and the enabling ordinance and resolution are available at the Office of the Village Clerk, located at 85 West McIntyre Street, Key Biscayne, FL' 33149. Village Clerk" Section 4. That the full text of the proposed Charter amendment, as submitted to the electors, is to amend the Village Charter by adding the new matter underlined and deleting the matter struck through in subsection "A, " as follows: A. That Section 2.07 "No Compensation; reimbursement for expenses" of the Village Charter, is amended by revising this Section to read as follows: Section 2.07. No eCompensation; reimbursement for expenses. Count( MLAILcis (Inc ladnig tl,e Maytn) sliall 3Ci Jt, o%iili0ut CouipCiiSatien liut Members of the Council shall be compensated with an annual salary, payable in monthly increments, which shall be as follows: i. for the Mayor: $12.000.; ii. for Council Members: $7.200. The salaries set forth above shall be subject to annual automatic adjustment to include any cost of living increases which are provided to administrative employees of the Village. Further, Council Members (including the. Mayor) shall receive reimbursement in accordance with applicable law, or as may be otherwise provided by ordinance, for authorized travel and per diem expenses incurred in the performance of their official duties. Section 5. The County registration books shall remain open at the Office of the Miami -Dade County Supervisor of Elections until June 10, 2002, at which date the registration books shall close in accordance with the provisions of the general election laws. Section 6. The Miami -Dade County Supervisor of Elections is hereby authorized to take all appropriate actions necessary to carry into effect and accomplish the provisions of this Resolution. Section 7. This special election shall be canvassed by the County Canvassing Board in accordance with the provisions of the general election laws. Section 8. That copies of this Resolution and the Ordinance proposing the Charter amendment are on file in the office of the Village Clerk located at 85 West McIntyre Street, Key Biscayne, Florida, 33149, and will be available for public inspection during regular business hours. Section 9. That if a majority of the qualified electors voting on a proposed Charter amendment vote for its adoption, it shall be considered adopted and effective upon certification of the election results. If conflicting amendments are adopted at the same election, the one receiving the greatest number of affirmative votes shall prevail to the extent of such conflict. the greatest number of affirmative votes shall prevail to the extent of such conflict. Section 10. That this Resolution shall become effective upon its adoption. PASSED AND ADOPTED this 30th day of April, 2002, MAYOR JOE L RASCO CONCHITAIi. ALVAREZ, CIVIC, VILLAGE:. APPROVED AS TO FORM AND LEGAL STIFF RICHARD JAY WEISS, VILLAGE ATTORNEY 1030011resolubbns\ballot re mayor and councilmembersannual salary RESOLUTION NO. 2002 -19 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; RELATING TO THE LOCATION, DESIGN, AND CONSTRUCTION OF A CONCRETE BLOCK AND STUCCO BUS SHELTER WITH A METAL SEAM ROOF IN THE CRANDON BOULEVARD PUBLIC RIGHT OF WAY AT THE CURRENT LOCATION. OF ABUSS TOP A T T HE N ORTHERN L IMITS O F T HE VILLAGE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the goals and objectives for the Village include a Crandon Boulevard Beautification and Improvements that specifically includes bus shelters along Crandon Boulevard; and WHEREAS, the Council has determined that a bus shelter should be placed in the vicinity of the current location of a bus stop at the northern limits of the Village; and WHEREAS, the Ocean Village Condominium Association has forwarded a February 23, 2002 letter to the Village wherein they support the location of a bus shelter in the public right of way at the location of the current bus stop at the northern limits of the Village; and WHEREAS, the Village has advertised for Requests for Proposals and three (3) architectural firms have submitted their qualifications and proposed fees. NOW, THEREFORE BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS: Section 1. That the Village Council authorizes the Village Manager to direct the preparation of architectural and engineering plans by Eduardo H. Muhina, 6317 S.W. 10th Street, Miami, for a bus shelter similar to the drawing that is attached to this resolution. Section 2. That the Village Council approves the location of a bus shelter in the vicinity of the present bus stop in the public right of way at the northern limits of the Village. Section 3. That upon the completion of the architectural and engineering plans, the Village Manager is authorized to submit applications for all permits from all regulatory agencies and place the project out to bid. Section 4. This resolution: shall take effect inmediately.upon'adoption. PASSED AND•ADOPTED this 23rd day of April , 2002. alte MAYOR JOE I. RASCO ITA II. ALVAREZ, CMC, VILLAGE C APPROVED AS TO FORM AND LEGAL SUFFIC RIr EISS, VILLAGE ATTORNEY 2 a RESOLUCION NO. 2002-20 RESOLUCION DEL CONSEJO MUNICIPAL DEL MUNICIPIO DE KEY BISCAYNE FLORIDA, EN QUE SE CONVOCA A UNA ELECCION EXTRAORDINARIA EN RELACION' CON ENMIENDAS` PROPUESTAS PARA LA CARTA CONSTITUCIONAL DEL MUNICIPIO QUE SE CELEBRARA EL MARTES 9 DE JULIO DEL 2002 MEDIANTE EL PROCEDIMIENTO DE BOLETAS ENVIADAS POR CORREO EN LAS QUE SE DISPONEN LAS ENMIENDAS A LA CARTA CONSTITUCIONAL PROPUESTAS POR EL CONSEJO MUNICIPAL RELATIVAS A LA ENMIENDA DE LA SECCION 2.07 "NINGUNA REMUNERACION;'REEMBOLSO DE GASTOS" DE MODO QUE RECE SECCION 2.07 "REMUNERACION REEMBOLSO DE GASTOS", SE DISPONGA UN SUELDO ANUAL PARA EL ALCALDE Y LOS MIEMBROS DEL CONSEJO; SE DISPONGA EL TEXTO REQUERIDO PARA LA BOLETA; SE DISPONGA EL PROCEDIMIENTO PARA LAS BOLETAS ENVIADAS POR CORREO; SE DISPONGA UN AVISO; SE DISPONGA UNA FECHA DE`VIGENCIA. POR CUANTO, conforme a la Seccion 5.03 de la Carta Constitutional del Condado de Miami -Dade y la Semion 6.02(a)(1) de la Carta Constitutional del Municipio, el Consejo Municipal ha aptubado una ordenanza en la que se proponen modifications a la Carta Constitucional del Municipio y ordenado la redaction de la enmienda apropiada a la Carta Constitucional para someterla al electorado y POR CUANTO, conforme a la Seccion 6.02 de la Carta Constitucional del Municipio y a la Section 5.03 de la Carta Constitutional del Condado de Miami -Dade, el Consejo Municipal desea someter is enmienda propuesta a la Carta Constitutional al electorado del Municipio para su aprobacion o desaprobacion. AHORA, RESUELVASE POR EL CONSEJO MUNICIPAL DEL MUNICIPIO DE KEY BISCAYNE, FLORIDA, LO SIGUIENTE: Seeci&n 1. Que por la presente se convoca a una election extraordinaria para el martes 9 de julio del 2002 para someter al electorado del Municipio de Key Biscayne (el "Municipio") la propuesta en la boleta dispuesta en la Section 3 de esta Resolution. Section 2. Que en esta election extraordinaria se usaran boletas enviadas por correo, segun lo prescrito en las Secciones 101.6101 a 101.6107 de los Estatutos de la Florida. Tends derecho a votar en esta election todo elector cualificado que resida en el Municipio yse haya inscrito oportunamente. 0 Section 3. Que el aviso de dicha election se publicara conforme a la. Section 100.342 de los Estatutos de la Florida en un periodico de tirada general dentro del Municipio al menos 30 dias antes de dicha election; la Intern publication debera ser la;quinta semana antes de la election y la segunda pubiieacion, la tercera semana antes de la election, y sustancialmente debera-rezar de la manera siguiente:- `r POR LA PRESENTE: SE Air ORDENANZA.DE'AUTO DE DA141EITI1 POR EL CO C IE QU)1.($11siFORME A UNA RESOLUCION. APROBADAS ?t1I DELlvfUNICIPIO DE KEY SE ORDENADO Y LEB Ei , T MUN1CIPIO 4�}i�v14 ASE AS POR r}� SW'1EE OPUESI.A r�IETE ECTORADO DEL CONSEJO Actualmente, IazCarta Constitutional del Municipio dispone que, el Alcalde y los miembros 'del Consejo presten servieios sift ieuiuneracidn. El Consejo del Municipio propene enmendar-la Carta Constitutional de modo tque, sieinpre cluese hagan los ajustes anuales reiativ psalltosto delor intsetuentos de la vida en la misma base que dichos tcles son dispuestos,pata los empleados admimstrativos del Municipio, se pennitaperc biral Alcalde y a los rinienib ps del Consejo la remuneracion anual de $12;000.para el Alcalde y de,$7 0.CY pars los miembros del Consejo establecida por la -Carta ? Constitucdor►ai iSe debera: aprobar la entnienda deserita atriba2 No [1 Si [;1 La propuesta descrita arriba es por afiadidura a las enmiendas propuestas para la Carta Constitutional por el Comite de Revision de la Carta Constitutional. Tanto la totalidad del texto de la enmienda propuesta para la Carta Constitutional como la ordenanza y resolution de autorizacion estan disponibles en la ,Oficina de la Secretaria Municipal, localizada en el 85 West McIntyre Street, Key Biscayne, FL 33149: Secretaria Municipal" Seccion 4. Que la totalidad del texto de la enmienda propuesta para la Carta Constitutional, conforme ha sido sometida al electorado para que se afiadan los nuevos asuntos subrayados y se eliminen los tachados del inciso A, tiene por objetivo enmendar la Carta Constitutional del Municipio de la manera siguiente: A. Que la Section 2.07 "Ninguna remuneration; reembolso de gastos" de la Carta Constitutional del Municipio, se enmienda mediante la modification de esta Section para que rete de la manera siguiente: Section 107. Nittgnaa rRemuneracion; reembolso de gastos. Se remunerara a los miembros del Consejo con un sueldo anual abonable en incrementos mensuales de la manera siguiente: i. al Alcalde: $12.000 II. a los miembros del Consejo $ 7,200 Los sueldos estipulados arriba estaran supeditados a un ajuste automatico anual que ineluira los incrementos para el costo de la vide que se den a los empleados administrativos del Municipio. Asimismo, los miembros del Consejo, incluido el.Alcalde, recibiran reembolsos confonne a la ley pertinente o de la manera que pueda disponerse por ordenanza de otro modo. por concepto de los viajes autorizados y los gastos diarios en que incurran durante el desempefio de sus deberes oficiales. Seccion 5. Los libros de inscription estaran abiertos en Ia Oficina del Supervisor de Elecciones del Condado de Miami -Dade hasta el 10 de junio del 2002, fecha en que se cerraran dichos libros conforme a las dispositions de las leyes electorales generales. Seccion 6. Porla presente se autoriza al Supervisor de Elections del Condado de Miami - Dade para que t ome t odas 1 as m edidas apropiadas que s ean n ecesarias p ara p oner en v igor e implementer las dispositions de esta Resolution. Seccion 7. Esta election extraordinaria sera escrutada por la Junta de Escrutinio del Condado conforme a las dispositions de las leyes electorales generales. Section 8. Copies de esta Resolution y de la Ordenanza en que se propone la enmienda a la Carta Constitutional estan archivadas en la oficina de la Secretaria Municipal localizada en el 85 West McIntyre Street, Key Biscayne, Florida 33149, y estaran disponibles pars su inspection publica durante el horario habil ordinario. Seccion 9. Que si la mayoria de los electores cnalificados que voten en relation con una enmienda propuesta para la Carta Constitutional lo hacen a favor de su aprobacion, se considered aprobada y vigente tras la certification de los resultados de la election. Si en Ia misma election se aprueban enmiendas incompatibles, la que reciba el mayor numero de votos afirmativos sera la que prevalezca en cuanto a la incompatibilidad. Seccion 10. Que esta Resolution entrara en vigor tras su aprobacion. PROMULGADA Y APROBADA este 20_ de abril del *40 0410 sou « 5.2 14219 44,11=140C 1 aeckto tNG y o, y Il Wl' ' • PROPOSED BUS SHELTER At the Intersection of Crandon Boulevard and Ocean Lan e Drive 11 11 0 0 RESOLUTION NO. 2002-18 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; CONCERNING VILLAGE SANITARY SEWER IMPROVEMENT PROJECT (THE "PROJECT"); PROVIDING FOR REPEAL OF RESOLUTION 99-92 AND RESOLUTION 2001-35 BOTH RELATING TO SPECIAL ASSESSMENTS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village Council had adopted Resolution 99-92, relating to a Sanitary Sewer Improvement Project (the "Project"); and WHEREAS, the Village Council had adopted Resolution 2001-35, which confirmed the special assessments for the project; and WHEREAS, the Village Council desires to repeal these resolutions. -- NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS: Section 1. Recitals adopted. Each of the above recitals are hereby adopted and confirmed. Section 2. Repeal. Village Council Resolutions 99-92 and 2001-35, as attached hereto on Exhibit A, are hereby repealed. Section 3. This resolution shall be effective immediately upon adoption. PASSED AND ADOPTED this 23rd day of April, 2002. MAYOR JOE I. RASCO CONCHITA H. ALVAREZ, CMC, VILLAGE APPROVED AS TO FORM AND LEGAL SUFF RICHARD JAY WEISS, VILLAGE ATTORNEY RESOLUTION NO. '99=92- A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE ,OF KEY BISCAYNE, FLORIDA, DECLARING THE NECESSITY TO MAKECERTAIN SANITARY, SEWER IN PROVEMENTS AUTHORIZED BY CHAPTER; 29.1 OF THE VILEAGE CODE; ,DECLARING, THE COUNCIL'S SENT TO IMPOSE SPECIAL ASSESSTVIENTS'TO COVER TIDE COST OF THE IMPROVEMENTS INDICATING THE NATURE, LOCATION, P �ESTIM4TE OS! OFT IMPROVEMENTS; PROVIDING THAT A CERTAIN PORTION OF THE EXPENSE 10F TIE -,v COSTS OF XIIE IMPROVEMENTS SHALL BE PAID By SPECIAL AssEssmBNTs; PROVIDING THE MANNER IN, wiirea TITS 'SPECIAL' ASSF.SSMENT,s SHALL BE ; PROVIDING WHEN THE SPECIAL ASSESSMENTS SHA BE PAID; DESIGNATING THE PARCELS OF LAND' WHICH THE SPECIAL ASSESSMENTS SILALL BE LI -PROVIDING FOR AN ASSESSMENT PLAT; AUTHOI 'THE PREPARATION OF A PRELIMINARY A E ` ROLL FOR THE AREA TO' B SER IMPROVEMENTS PROVIDING FOR PUBLICAT THIS RESOLUTION; PROVIDING FOR SEVEN PROVIDING EFFECTIVE DATE. WHEREAS, the Village Council of the Village of Key Biscayne, Florida (the "Village") has determined to make certain sanitary sewer improvements (the "Improvements") in accordance with Chapter 29.1 of the Village Code, by constructing sanitary sewers in an area of the Village which presently does not have sanitary sewer service (the "Area"); and WHEREAS, the Area to be served by such Improvements consists of approximately 706 parcels located generally West of Crandon Boulevard between Heather Drive and Ivlashta Drive and East of Crandon Boulevard between East Drive and Heather Drive, as further and more fully described on Exhibit "A" attached hereto and incorporated herein; and WHEREAS, the Village Council has determined that the Improvements are necessary and that a portion of the costs of the Improvements shalt be paid by special assessments upon those specr iy benefiting from the Improvements; and Section 4. j,ocation. The general location of the Improvements h shown in the plans and specifications and the assessment plat on file with the Village Clerk, as well as on Exhibit "A" (map), all of which shall be open to inspection by the public. Section 5. Cost Estimate. The estimated costs of the Improvements is $7,790,600.00 (the "Estimated Cost") the details of which are on file with the Village Clerk. Section 6. Scope of Special Assessments. The special assessments will defray 50% of the cost of the Improvements and the levy of same includes a portion of the Estimated Cost, financing cost, capitalized interest, debt service reserves, contingencies and administrative expenses and all other expenses allowed by law, but shall not exceed 50% of the amount of Estimated Cost described in Section 5 above. Section 7. Levy of Special Assessment. The special assessments shall be levied and imposed against all lots and lands adjoining and contiguous or bounding and abutting upon such improvements or specially benefited therefrom and as further designated by the assessment plat, upon a uniform per parcel or per dwelling unit basis. Section 8. Preliminary Assessment Roll. A preliminary assessment roll shall be promptly prepared by the Village Manager or his designee in accordance with the method of assessment provided in Section 7 above, and said assessment mll shall show the lots and lands assessed and the amount of the benefit to and the assessment against each lot or parcel of land, and the number of annual installments in which the assessment is divided shall also be shown. Section 9. Payment Schedule. The special assessments shall be payable within 20 years, t 3 SI 103001+[Gml*tiaastsxaibry sewerimmoruoents authorized by chapter 29.1 .. e. e. 0.41 is , 5 ' ection 13, effective Da�e. Th>s Reso9utian shall be effectiveti�in�tedately pion adoption. PASSED AND ADOPTED ihis.2th day of November , 1999. R HITA H. ALVAREZ, CMC, VILLAGE APPROVED AS TO FORM AND LEGAL S { Pin RICHARD JAY WEISS, VILLAGE A3TORNEY bite Matra 3Xerntb www.heiald.com www.elharald.com PUBLISHED DAILY MIAMI-DADE-FLORIDA STATE OF FLORIDA COUNTY OF DADE Before the undersigned authority personally appeared: JANEY ANDERSON who on oath says that he/she is CUSTODIAN OF RECORDS It of The Miami Herald, a daily newspaper published at Miami in Dade County, Florida; that the attached copy of advertisement was published in said newspaper in the issues of: Neighbors Zone 3 pg.9 11/18/99 Affront further says that the said The Miami Herald is a newspaper published at Miami, in the said Dade County, Florida and that the said newspaper has heretofore been continuously published in said Dade County, Florida each day and has been entered as second class mail matter at the post office in Miami, in said Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, conuniission or refund for the purpose of securing this advertisement for publication in the said newspapers(s)• fore me this 93r:..,: OF November ,1999 My Corntnission Expires October 17.2001 RESOLUTIONkNO. 2001-35 A RESOLUTION OF THE WiLI%AGE C lei THE VILLAGE OF KEY BISCAYNE, FLORIDA, A ORIZiNG SANITARY SEWER IMPROVEMENT PROJECT (T HE "PROJECT"); ADJUSTING, APPROVING AND CONFIRMING IMPOSITION OF SPECIAL ASSESSMENTS•, ON PROPERTY SPECIALLY BENEFITED BY THE PROJECT TO PAY A PORTION OF THE COST THEREOF; PROVIDING FOR THE PAYMENT AND THE COLLECTtoN OF SPECIAL ASSESSMENTS; PROVIDING FOR EFFECTIVE DATE. WHEREAS, the Village Council of the Village of Key Biscayne, Florida (the "Village") has pursuant to Resolution No. 99-92, determined to make certain sanitary sewer improvements (the "Improvements") in accordance with Chapter 29.1 of the Village Code, by constructing the Improvements in an area of the Village which presently does not have sanitary sewer service (the "Area"); and WHEREAS, the Area to be served by such Improvements consists of approximately 706 parcels located generally West of Crandon Boulevard between Heather Drive and Mashta Drive and East of Crandon Boulevard between Fast Drive and Heather Drive, asfurther and more fully described on the Area map designated as Exhibit "A," attached hereto' and incorporated herein; and WHEREAS, the Village Council has determined that the Improvements are necessary and that a portion (to -wit: 50%) of the costs of the Improvements shall be paid by special assessments upon those parcels specially benefiting from the Improvements; and WHEREAS, pursuant to Resolution No. 2001-12, the Village Council has determined that Village Charter Section 4.14 does not apply to the Improvements; and WHEREAS, the Village is authorized to make the Improvements and to impose the special assessments pursuant to Chapter 29.1 of the Village Code and the enabling authorities cited therein; WHEREAS, at such public hearing, the Council also' met as an equalization board, and heard and considered all complaints as to the matters described above, and based thereon, has made any modifications in the preliminary assessment roll as it deems desirable in the making of the final assessment roll; and WHEREAS, having considered the costs of the Project, revised estimates of financing costs and all complaints, comments and evidence presented at such public hearing, the Village Council finds and determines: 1. ' That the revised estimated cost of the Project is as specified in Exhibit "B," attached hereto and the amount of such costs is reasonable and proper, 2. That it is reasonable, proper, just and right to assess 50% of the cost of the Project against the properties specially benefited from the Project, using the methods determined by Section 7of Resolution No. 99-92 and Section 5 of this Resolution, which results in the special assessment set forth on the final assessment roll identified as Exhibit "C" to this Resolution and as so marked and filed with the Village Clerk of the Village of' Key Biscayne; 3. That it is hereby declared that the Project will constitute a special benefit to all parcels of real property listed on said final assessment roll and that the special benefit, in the case of each such parcel, will be equal to or in excess of the special assessment thereon; 4. That it is desirable that the special assessments be paid and collected as herein provided. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. Recitals Adopted. Each of the above recitals are hereby adopted, confirmed and incorporated herein. «3 `eeett645:' jmposition of Special Assessment. : ''' 'l The special assessments:' are hereby madeand imposed against all lots and tai adjoining and contiguous or bounding and abutting upon such Improvements or specially benefied therefrom and as further designated by the assessment plat of the Area, and by the assessment roll, upon a uniform per parcel or per dwelling unit basis, as described in the final assessment roll approved herein. B. Those several parcels which are not intended for development for residential use, as described on Exhibit "D" attached hereto, shall be assessed by, equivalent residential units based upon the standard schedule of daily rated gallonage for occupancies as published by the Miami -Dade County Department of Environmental Resources Management, as indicated, on the assessment eon, which assessment, is hereby found to be a reasonable and fair method of assessment and apportionment Section6. Adjustment. Approval. Confirmation of Imposition of Special Assessments. A. The special assessments for the Project on the parcels, specially benefited by the Project, all as specified in the final assessment roll, marked as Exhibit "C" to this Resolution, are hereby adjusted, approved, made and confirmed as imposed. B. Promptly following the adoption of this Resolution, those special assessments shall be recorded by the Village Clerk in a special book, to be known as the "Improvement Lien Book," as required by Village Code Section 29.1-8. C. The special assessments against each respective parcel shown on such final assessment roll, shall be and shall remain legal, valid and binding first liens on such parcel until 5 Environmental Quality Control Board, Board OtderNo. 9'7-49, if deferral is requested in writing by the property owner at least 60 days before the Commencement Date described in paragraph I above, upon a request form prepared by the Village Attorney. Interest shall accrue at an annual rate of 2.56%, plus a compounding factor, upon deferred assessments, so that the Village fully recovers all interest advanced by or through Village for such deferred assessment payments. 7. Any installment which is not timely paid within 30 days of the due date for the installment as provided by the above described payment schedule, shall be subject to an additional interest charge at the rate of 1 percent (1%) per month until paid. In the event of a delinquency in payment, the Village may accelerate the due date of the full balance. The Village Manager or his designee shall collect the special assessments, unless provided otherwise by subsequent resolution. Section 9. Authorization. The Village Manager, Village Clerk, Village Attorney, and consulting Engineer are authorized to take all action necessary to implement the purposes of this Resolution, and all actions previously taken are hereby approved, ratified and confirmed. Section 10. Conflicts. Any portion of any Resolution of the Village Council which is in conflict herewith shall be deemed to be superseded accordingly. Section 11. Severability. The provisions of this Resolution am declared to be severable and if any section sentence, clause or phrase of this Resolution shall for any mason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Resolution but they shall remain in effect, it being the legislative intent that this Resolution shall stand notwithstanding the invalidity of any part. Section 12. Effective Date. That this Resolution shall be effective immediately from and after adoption hereof. 02121. 1 tiltti I:4K, ' 'a.X.aal/ �L.I"�.7 qp n „ u i' ;ems. � ... " ?S.�AlJ i�,i,�[I.. , �y_,, z ,.u, s� a� . �.�M1l.�: dl.{�AA55t�n Z hl. /4.1.1 lA u tI , �,+.1a.'A J �,?_ $5,62500 j 2442320020221 450 W MATHESON DR DONALD A GIANQUITTO &W CAROL & 1 x$361.00 2442320020222 460 W MATHESON DR DSENNETT DUTTENHOFER 1 $5,625.00 ' $361:00 2442320020223 480W MATHESON DR KARD CORP OF MIAMI INC 1 $5,625.00 L $361.00 2442320020223 470 W MATHESON DR KARD CORP OF MIAMI INC 1 $5,625 00 ! $361.00-, 2442320020230 4 HARBOR POINT CARLOS M & ROSA R DE LA CRUZ 1 $5,625.00 ! $361.00 2442320020240 3 HARBOR POINT NICOLAS ESTRELLA 1 $5,625.00 j $361.00 2442320020250 5 HARBOR POINT CARLOS M DE LA CRUZ j 1 — $5,625.00 j $361.00 2442320020260 14 HARBOR POINT DR ANDRES A GARCIA &W MARIVI L 1 $5,625.00 $361.00 2442320020261 11 HARBOR POINT DR LOUISE OBRIEN 1 $5,625.00-1 $361.00 2442320020263 10 HARBOR POINT ANDREW J GARCIA JR &W ANDREA 1 $5,625.00 ! $361.00 2442320020264 18 HARBOR POINT EDWARD W EASTON &W AMY 1 $5,625.00 , $361.00 2442320020270 6 HARBOR POINT ALBERTO & OLGA MARIA BEECK TRS 1 $5,625.00 $361.00 2442320020281 7 HARBOR POINT F A S MOLT &W MARTHA 1 $5,625.00 1 $361.00 2442320020282 9 HARBOR POINT DR SARA VILLAMIL 1 $5,625.00 $361.00 2442320030010 300 CARIBBEAN RD VIVIAN E CAMACHO (TRUST) 4 $5,625,00 , $361.00 2442320030020 324 CARIBBEAN RD MARCELA VANINI LOAYZA 4 $5,625.00 1 $361.00 2442320030030 330 CARIBBEAN RD EDWARD WAEGELEIN &W BARBARA i 4 $5,625.00_ $361.00 2442320030040 340 CARIBBEAN RD JACKIE O'NEIL - 4 $5,625.00 $361.00 2442320030050 360 CARIBBEAN RD LINDA ROSE 4 $5,625,00 j $361.00 2442320030060 378 CARIBBEAN RD CARLOS M BARANANO 4 $5,625,00. $361,00 2442320030070 390 CARIBBEAN RD ALVIN ROSE &W JACQUELINE 4 $5,625.00 $361.00 2442320030080 301 CARIBBEAN RD MICHAEL J MORA &W ROSA M 4 $5,625.00 ! $361.00 2442320030090 300 GULF RD MARCO CARMELINO &W SILVANA 4 $5,625,00 $361.00 2442320030100 318 GULF RD ',.. JOSE A GANDULLIA &W SILVIA 4 $5,625.00 $361.00 2442320030110 323 CARIBBEAN RD CELIA M ECU TR L 4 $5,625.00 1 $361;00 2442320030120 335 CARIBBEAN RD MICHAEL J MORA &W ROSA M 4t $5,625.00 i $361.00 2442320030130 330 GULF RD " FEDERICO JARQUE &W MARIA TERESA L $5,625.00 $361.00 2442320030140 346 GULF RD NORMAN C & MARIA C SMITH 4 $5,625,00 $361.00 2442320030150 345 CARIBBEAN RD 1249050 ONTARIO INC 4 $5,625.00 I $361.00 2442320030160 365 CARIBBEAN RD ROBERTO PORCARI &W MERCEDES t $5,625,00 $361.00 2442320030170 364GULF RD LUZ DE ALVAREZ ry 4 $5,625.00 1 $361.00 2442320030180 378 GULF RD FLONTARIO INVESTMENTS LMT 4; $5,625.00 , $361.00 2442320030190 379 CARIBBEAN RD JUAN F CASAS &W ELSA 1 4 $5,625.00 I $361.00 The complete assessment roll is available in the Office of the Village Clerk and the Key Biscayne Library Williams,c4Hatfield & Stoner Inc: • Planners •Surveyas • Environmental Scientists taco T "D" 4101 North Andrews Avenue, Suite 300 Forttauderdale,,Fkmdi 33311: i xx (9-54}566"-8341 • ww vths rincc onl _ TECHNICAL MEMORANDUM. FROM: Mayor and+Village Council Members Anthony Nolan, RE. Williams, Hatfield & Stoner, Inc. Wilk; Sam Kissinger, City Manager DATE: June 26, 2000 SUBJECT: Final Sewer Assessment Roll Resolution 99-92, which became effective on November 9, 1999, established the area without sanity sewer infrastmaure in the Village as that area generally west of Crandon Boulevard between Heath Drive and Mashta Drive and ea st of Crandon Boulevard between East Drive and Heather Drive. adcordancewith Ordinance99-92 and Chapter 29.1 oftheVillageCode,sanitary sewer infrastructu t' wdl be constructed in this area. The cost of these improvements will be divided evenly (50/5(-" between general fund revenues and special assessments to the benefitting properties in the affect area. Equivalent Residential Unit (ERU) Methodology For assessment purposes, the single family home may be considered to. be one billing unit "whir called an Equivalent Residential Unit or ERU_ The typical single family home is expected to gene e . 350 gallons per day (gpd) of wastewater' which is the wastewater generation associated with, k ERU: Nonresidential properties within the assessment area include the proposed' -new Civic Center an once building with 6 units at 50 W. Mashta Drive. These properties were converted -10 ER11s diividingtheir projected wastewater generation by 350 gpd to determine the number ofERUs or b ' units associated with those properties.,; The projected wastewater' generation for office building calculated based on the size of the buildings and a wastewater generation rate of 10 gpd per square feed. 0 0 RESOLUTION NO. 2002-17 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, CALLING A SPECIAL ELECTION ON THE PROPOSED AMENDMENTS TO THE VILLAGE CHARTER TO BE HELD ON THURSDAY, JUNE 27, 2002, BY MAIL BALLOT PROCEDURE; PROVIDING FOR SUBMISSION TO THE ELECTORS FOR APPROVAL OR DISAPPROVAL THE CHARTER AMENDMENTS RECOMMENDED BY THE KEY BISCAYNE CHARTER REVISION COMMISSION PURSUANT TO FINAL REPORT OF APRIL 2002; PROVIDING FOR REQUISITE BALLOT LANGUAGE; PROVIDING FOR PROCEDURE FOR MAIL BALLOTING; PROVIDING FOR NOTICE; PROVIDING ` FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Miami -Dade County Charter Section 5.03 and Village Charter Section 7.06, the Key Biscayne Charter Revision Commission issued its Final Report of April 2002 (the "Report"), concerning necessary revisions to the Village Charter and has drafted the appropriate amendments to the Village Charter for submission to the electors; and WHEREAS, in accordance with Section 7.06 of the Village Charter, the Village Council desires to submit the proposed amendments to the electors of the Village. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. That a special election is hereby called for Thursday, the 27th day of June, 2002 to present to the electors of the Village of Key Biscayne (the "Village") each of the ballot questions provided in Section 4 of this Resolution. Section 2. That mail ballots, as prescribed by Sections 101.6101-101.6107, Florida Statutes, shall be used in this special election. All qualified electors residing within the Village who are timely registered shall be entitled to vote: Section 3. That notice of said election shall be published in accordance with Section 100.342, Florida Statutes, in a newspaper of general circulation within the Village at least 30 days prior to said election, the first publication to be in the fifth week prior to the election, and the second publication to be in the third week prior to the election, and shall be in substantially the following 1 form: "NOTICE OF SPECIAL ELECTION PUBLIC NOTICE IS HEREBY,GWEN THAT PIfiRSIIANT` O THE APRIL 2 002'F INAL REPORT OF T HE KEY B ISCAYNE CHARTER REVISION COMMISSION AND AN ENABLING RESOLUTION T1ULY ADOI'Tl D BY THE VILLAGE COUNc1L OF,` • THE V11.LAGF OF KEYb BISCA NE, FLORIDA,' (THE AGO), BE�`HELD LA E O . t lI TED Those certain 23 proposed amendments to the Village Charter as described in the April 2002 Final Report of the Key Biscayne Charter Revision Commission, which proposals are commonly referred to by the following ballot titles: 1. Technica1And Stylistic Amendments 2. Reduction Of Size Of Village Connell 3. Role of Village Couneil In Connection With Certain Duties, Of the Mayor And Manager, 4. Procedure For Appointment Of Members Of Village Boards 5. Reduction °Women' Member Term Of Office 6. Length Of Service, As Mayor 7. Providing For Election Of Council By Seats 8. Candidates Must Be Registered Voter Of Village For At Least One year Prior To Qualifying 9. Reimbursement For Expenses 10. Election Cormnunitations 11. Definition And Procedures Applicable To Capital Projects Of The Village 12. Time Limit On Initiative And Referendum Proceedings Concerning Capital Projects 13. Village Code, Ordinances And Resolutions 14. Procedure For Election Of Mayor And Village Council Members 15. Number Of Electors Required For Petitioners' Committee In Initiative, Rekrendum And Charter Amendment Process 16. Percentage Of Electors Signatures'' Required For Initiative, And Referendum Petitions 17. Plain Language Summary Required For Initiative, Referendum, And Charter Amendinent Petitions 2 18. Creating Pre -Clearance Requirement For Legal Sufficiency Of Initiative, Referendum And Charter Amendment Petitions 19. Time For Submission Of Initiative Or Referendum Petition Measures To The Electors 20. Reduction Of Time For Submittal Of Charter Amendments To Voters 21. Grants And Charitable Contributions 22. Charter Revision Commission 23. Revision To Timetable For Election On Recommendations Of Charter Revision Commission The full text of the proposed Village Charter amendments, and the enabling Resolution for this election are available at the Office of the Village Clerk, located at 85 West McIntyre Street, Key Biscayne, FL 33149. It Village Clerk Section 4. That the form of ballot for each of the proposed Charter amendments shall be as follows: 1. TECHNICAL AND STYLISTIC AMENDMENTS It has been proposed that the Charter of the Village of Key Biscayne be amended to reflect non -substantive stylistic and technical changes made for clarity, including the insertion of defined words and the consistent usage of terms, along with any amendments needed for conformity and consistency of Charter amendments. Shall the above described amendment be adopted? Yes [ ] No [ ]_ 2. REDUCTION OF SIZE OF VILLAGE COUNCIL The Village Charter currently provides for the Council to consist of seven persons, and establishes Council voting requirements based on that number. It has been proposed that the Charter be amended to reduce the Council to five persons. Shall the above described amendment be adopted? Yes [ ] No [ ] 3 3. ROLE OF VIII AGE COUNCIL IN CONNECTION WITH CERTAIN DUTIES .OF THE MAYOR AND MANAGER It has been proposed that the Charter be amended to: (1) require Council consent for the Mayor to represent the Village in dealings with other governmental entities; (2) provide that the Mayor shall present an annual budget message after; approval of the budget by the Village Council; (3) provide for the Manager to first obtain input from the. Council„before preparing the proposed annual budget andcapitalprogram. • €he abovetdeseribed amendment be adopted? Yes [ ] No [] f 4. PROCEDURE FOR APPOINTMENT OF MEMBERS OF VILLAGE BOARDS The Village Charter currently provides for the Mayor to appoint members of Village boards with Council approval, but does not provide a procedure for appointments. It has been proposed that the Charter be amended to provide a specific procedure for the Mayor to appoint members of Village boards, subject to ratification by the Council, including the solicitation of recommendations for appointments from Council Members. Shall the above described amendment be adopted? Yes [ ] No [] 5. REDUCTION OF COUNCIL MEMBER TERM OF OFFICE The Village Charter currently provides for Council Members, other than the Mayor, to be elected for four year terms. It has been proposed that the Charter be amended to provide for Council Members to be elected for two year terms: Shall the above described amendment be adopted? Yes [ ] No [ ] 4 6. LENGTH OF SERVICE AS MAYOR The Village Charter currently provides that no person shall serve as Mayor for more than two consecutive two-year terms totaling four consecutive years. It has been proposed that the Charter be amended to enable a person to serve as Mayor for up to four consecutive two-year terms totaling eight consecutive years. Shall the above described amendment be adopted? Yes [ ] No [ ] 7. PROVIDING FOR ELECTION OF COUNCIL BY SEATS The Village Charter currently provides for Council candidates to run at -large without the designation of a specific seat. It has been proposed that the Charter be amended to provide for. (1) the election of each Council Member to an at -large designated seat; and (2) an extended qualifying period if no candidates qualify for a particular seat The proposed seats do not represent any specific geographic area. Shall the above described amendment be adopted? Yes [ ] No [ ] 8. CANDIDATES MUST BE REGISTERED VOTER OF VILLAGE FOR AT LEAST ONE YEAR PRIOR TO OUALIFYING The Village Charter currently requires that electors of the Village reside in the Village for one year prior to filing to run for Village Council. It has been proposed that the Charter be amended to also require that candidates for Village Council be a registered voter of the Village for at least one year prior to filing to run for Village Council Shall the above described amendment be adopted? Yes [ ] No [ ] 5 9. REIMBURSEMENT FOR EXPENSES The Village Charter currently provides for the Mayor and Council Members to receive reimbursement for authorized travel and per diem expenses. It is proposedlhatthe Village Charter- be amended to provide for the Mayor and Council; Members to receive reimbursernent for any authorized `expenses incurred in the performance of their official ditties. Shall the above described amendment be adopted? [1 [1 10. ELECTION COMMUNICATIONS The Village Charter currently does not contain any provision addressing expenditures for advocating the Village's position in elections concerning initiative, referendum or Charter amendments. It has been proposed that the Charter be amended to include provisions and procedures concerning election communication expenditures, by which the Council would provide for the public to be fairly informed of both Council majority and minority positions. Shall the above described amendment be adopted? [1 [1 1. DEFINITION AND PROCEDURES APPLICABLE T IT PROJECTS OF THE VILLAGE, The V illage Charter currently does not contain a definition and detailed procedures concerning capital projects. It has been proposed that the Charter be amended to provide: (1) a definition of capital projects; and (2) require capital projects in excess of $500,000.00 to be approved by ordinance, with notice to the public prior to second reading. Shall the above described amendment be adopted? Yes [ ] No [] 6 12. TIME LIMIT ON INITIATIVE AND REFERENDUM PROCEEDINGS CONCERNING CAPITAL PROJECTS The Village Charter currently does not contain a time limit on initiative and referendum proceedings relating to Capital Projects; It has been proposed that the Charter be amended to require that initiative and referendum proceedings relating to Capital Projects be commenced within 30 days of adoption of Capital Project legislation. Shall the above described amendment be adopted? Yes [] No [ ] 13. VILLAGE CODE. ORDINANCES AND RESOLUTIONS The current Village Charter provides that ordinances, codes and resolutions of the Village or Miami -Dade County, in effect as of April 1, 1997, remain in effect, except as modified by the Village. It has been proposed that the Charter be amended to provide that such ordinances, resolutions and codes in effect as of May 1, 2002, shall remain effective, except as modified by the Village. Shall the above described amendment be adopted? Yes [ ] No [ ] 14. PROCEDURE FOR ELECTION OF MAYOR AND VILLAGE COUNCIL MEMBERS The current Village Charter generally provides for an election system, which includes primary, regular and run-off elections. It is proposed that the Charter be amended to eliminate the primary election and provide for a regular election, with a two -person run-off election being held only if no candidate receives greater than 50%0 of the ballots cast for a seat or for the Office of Mayor, Shall the above described amendment be adopted? Yes [] No [ ] 7 15. NUMBER OF ELECTORS REQUIRED FOR PETITIONERS' COMMITTEE IN INITIATIVE. REFERENDUM AND CHARTER AMENDMENT PROCESS The current Village Charter provides that a minimum of ten electors may commence initiative,=referendum or charter amendment proceedings as a Petitioners' Committee. ItFhas been proposed!that the. Charter be amended to provide that aminimumtofforty electors of the Village shall be necessary in order to commence initiatvereferendunnorCharter amendment proceedings. Shall the above describedcamendment be adopted,? Yes [ ] No [ ] 16. PERCENTAGE OF ELECTORS SIGNATURES REQUIRED FOR INITIATIVE AND REFERENDUM PETITIONS The current Charter provides that initiative and referendum petitions must be signed by at least 10% of registered Village electors. It has been proposed that the Charter be amended to provide that initiative and referendum petitions must be signed by at least 15% of registered Village electors. This revision shall not apply to Charter amendments, the requirement for which shall remain at 10% as required by County Charter. Shall the above described amendment be adopted? Yes [ ] No [ 17. PLAIN LANGUAGE SUMMARY REQUIRED FOR INITIATIVE REFERENDUM. AND CHARTER AMENDMENT PETITIONS The current Village Charter provides that initiative, referendum, and Charter amendment petitions provide the full text of the ordinance proposed or sought to be reconsidered, but, does not specify that a brief description summarizing such ordinance be provided. It has been proposed that the Charter be amended to provide that such petitions shall also include a brief description sununarizing such ordinance in plain, language. Shall the above described amendment be adopted? Yes [ ] No [ ] 18. CREATING PRE -CLEARANCE REQUIREMENT FOR LEGAL SUFFICIENCY OF INITIATIVE. REFERENDUM AND CHARTER AMENDMENT PETITIONS The current Village Charter requires that initiative, referendum and Charter amendment petitions be legally sufficient, but does not provide a mandatory legal review process. It has been proposed that the Charter be amended to provide for m andatory p re -circulation r eview b y the V illage Attorney at Village expense for the legal sufficiency of initiative, referendum and Charter amendment petitions, and extends the petition filing deadline. Shall the above described amendment be adopted? Yes [ ] No [ ] 19. TIME FOR SUBMISSION. OF INITIATIVE OR REFERENDUM PETITION MEASURES TO THE ELECTORS The current Charter provides that an election on a measure proposed by initiative or referendum petition shall be held between thirty and sixty days after the Council acts on a petition. It has been proposed that the Charter be amended to provide for such time period to be not less than thirty days and not more than 120 days, to facilitate compliance with notification requirements of State law. Shall the above described amendment be adopted? Yes [ ] No [ ] 20. REDUCTION OF TIME FOR SUBMITTAL OF CHARTER AMENDMENTS TO VOTERS The current Village Charter provides that if a special election is held for submittal of Charter amendments to the electors, it shall be held not more than 120 days from certification of the petition. it has been proposed that the Charter be amended to provide that the special election chall be held no more than ninety days from the date the petition was certified sufficient. Shall the above described amendment be adopted? Yes [ ] No [ ] 9 21. GRANTS AND CHARITABLE CONTRIBI JTIONS The current Village Charter provides that the Village shall not make any grant or charitable contribution unless approved unanimously by all elected officials. It has been proposed that the Charter be revised to provide that grants or charitable contributions may be made by the Village if approved by, the affrmative:vote of a majority plus one of the entire_Council..:. Shall the above described amendment be adopted? Yes [] No [ ] 22. CHARTER REVISION COMMISSION The current Charter requires that one member of the Charter Revision Commission shall be a Council Member serving a second consecutive Council term. It has been proposed that the Charter be revised to allow any Council Member to serve and to provide that an additional Village elector shall be appointed if a Council Member is unable or unwilling to serve on the Commission: Shall the above described amendment be adopted? Yes [ ] No [ ] 23. REVISION TO TIMETABLE FOR ELECTION ON RECOMMENDATIONS OF CHARTER REVISION COMMISSION The current Village Charter provides for an election on the Charter Revision Commission's proposed Charter amendments not less than thirty days or more than sixty days after submission of proposed amendments by the Charter Revision Commission. It has been proposed that the Charter be amended to expand this time period to not less than sixty days and no more than ninety days, for conformity with, the County Charter. Shall the above described amendment be adopted? Yes [ ] No [ ] 10 Section 5., That the full text of the proposed Charter amendments, as set forth in the Report, is to amend the Village Charter by adding the new matter underlined and deleting the matter struck through, as follows: 8 Copyrighted. Municipal Code Corp., affiliated Municipality. 1999. PART I CHARTER* *Editor's note —Printed herein is the Municipal Charter of the Village of Key Biscayne, as adopted by the voters on June 18, 1991. Amendments to the Charter are indicated by parenthetical history notes following amended provisions. The absence of a history note indicates that the provision remains unchanged from the original Charter. Obvious misspellings have been corrected without notation. For stylistic purposes, a uniform system of headings, catchlines and citations to state statutes has been used. Additions made for clarity are indicated by brackets. Notes from 1997 Charter Revision Commission. The following are notes which are included in the Charter as directed by the 1997 Charter Revision Ca.mnissiuu Commissions of 1997 and 2002. 1. For historical purposes, the Coniittc , Committee wishes to note the following. The members of the original Charter Committee were as follows: Luis Lauredo, Chair Betty Sime, Vice Chair Roberto Cambo, Member Michael Hill, Member Ed Sawyer, Member The Reporter was Hugh O'Reilly and the attorney was Stuart Ames. 2. The Charter Revision Commission of 1996--97 was appointed by the Village Council on December 10, 1996 and met during the early months of 1997 to review the Village Charter. The members of the Charter Revision Commission were as follows: Betty Sime, Chair Michael Kahn, Vice Chair 11 Paul Auchter, Member. Martha.Broucek, Member Ron Drucker, Member The Clerk was Conchita H. Alvarez, the Manager was C. Samuel Kissinger and the attorneys were Richard Jay Weiss, Stephen J. Helfman and Nina L. Boniske. As a result of those meetings, 25 amendments were proposed to the electorate. Of the 25: amendments proposed, 23 were approved by the electorate on June 10, 1997. The Village Council proposed 3 additional amendments, only one of which was approved by the electors on June 10, 1997,. The Charter below reflects amendments to Se election on December 4, 2001. ons 4.10 and 5.02 approved at a general 3. The Charter Revision Commission of 2001-02 was appointed by the Village Council on November 13, 2001 (as ratified on January 15. 2002) and met during the early months of 2002 to review the Village Charter. The members of the Charter Revision Commission were as follows: Martha F. Broucek, Chair Michael A. Kahn. Vice Chair Stuart D. Ames, Member Dr. Michael E. Kelly. Member Luis Lauredo, Member The Clerk was Conchita H. Alvarez, the Manager was C. Samuel Kissinger and the attorneys were Richard Jay Weiss and Tony L. Recio. As a result of those meetings, amendments were proposed to the electorate. Of the _ amendments proposed, _ were approved by the electorate on Article L Corporate Existence, Form of Government, Boundary and Powers Sec. 1.01. Corporate existence. Sec. 1.02. Form of government. Sec. 1.03. Corporate boundary/MAP. 12 Sec. 1.04. Powers. Sec. 1.05. Construction. Sec. 1.06. Capitalization. Article H. Village Council; Mayor Sec. 2.01. Village Council. Sec. 2.02. Mayor and Vi v1ayvi. Sec. 2.03. Vice Mavor. Sec. 2.04. Election and term of offices Seats. Sec. 2:04 2.05. Qualifications. Sec. 2.05 2.06. Vacancies; forfeiture of office; filling of vacancies. Sec. 2.06 2.07. Recall. Sec. 2.07 2.08. No compensation; reimbursement for expenses. Article III. Administrative Sec. 3.01. Village Manager. Sec. 3.02. Appointment; removal; compensation. Sec. 3.03. Powers and duties of the Village Manager. Sec. 3.04. Village Clerk. Sec. 3.05. Village Attorney. Sec. 3.06. Village code of administrative regulations. Sec. 3.07. Expenditure of Village funds. Sec. 3.08. Competitive bid requirement. Sec. 3.09. Removal of Council Appointees. 13 Article IV. Legislative Sec. 4.01. Council meeting procedure. Sec. 4.02. Prohibitions. Sec. 4.03. Action requiring an ordinance. Sec. 4.04. Emergency ordinances. Sec. 4.05. Annual budget adoption. Sec. 4.06. Fiscal year. Sec. 4.07. Appropriation amendments during the fiscal; year. Sec. 4.08. Authentication, recording and disposition of ordinances; resolutions and charter amendments. Sec. 4.09. Tax levy. Sec. 4.10. Borrowing. Sec. 4.11. Revenue Sharing. Sec. 4.12. Village boards -and -agencies Boards. Sec. 4.13. Village Code, 01111 Sec. 4.14. Special Assessments. Article V. Elections Sec. 5.01. Elections. Sec. 5.02. Initiative and referendum. Sec. 5.03. Formof ballots. Article VI. Charter Amendments Sec. 6.01. Charter Amendments. Sec. 6.02. Procedure to amend. t���lulcu.,b ordinances and resolutions. 14 Sec. 6.03. Form of ballot. Article VII. General Provisions Sec. 7.01. No casino gambling. Sec. 7.02. Severability. Sec. 7.03. Conflicts of interest; ethical standards. Sec. 7.04. Village personnel system; merit principle. Sec. 7.05. Grants and Charitabl charitable contributions. Sec. 7.06. Charter revision. Sec. 7.07. Variation of pronouns: singular/plural. Article VIII. Transition Provisions Sec. 8.01. Temporary nature of Article. Sec. 8.04. Taxes and fees. Sec 8.08. Transition provisions to facilitate change to two-year terms: five -member Council; Seats. 15 ARTICLE I. CORPORATE EXISTENCE, FORM OF GOVERNMENT, BOUNDARY AND POWERS Section 1.01. Corporate existence. A municipal corporation known as Village of Key Biscayne (the "Village") is hereby created pursuant to the Constitution of the State of Florida (the "State") and the Home Rule Charter of Metropolitan Dade County (the "County"). The corporate existence of the Village shall commence upon the adoption of this Charter (the or this "Charter"). (Res. No. 97-15, 4-1-97/6-10-97) Section 1.02. Form of government The Village shall have a "Council -Manager" form of government. (Res. No. 97-15, 4-1-97/6-10-97) Section 1.03. Corporate boundary/MAP. The corporate boundary of the Village shall be as follows: BEGIN at the point of intersection of the West line of Crandon Boulevard with the South line of Crandon Park, said point of intersection also being the Northeast corner of Tract 1 of SUBDIVISION OF A PORTION OF MATHESON ESTATE, KEY BISCAYNE, DADE COUNTY, FLORIDA, according to the plat thereof recorded in Plat Book 46 at Page 86 of the Public Records of Dade County, Florida; thence run Westerly along said South line of Crandon Park, also being the North line of said Tract 1 and its Westerly extension to a point in the waters of Biscayne Bay, said point being 1,200 feet Westerly of the most Northwesterly corner of Tract B of FOURTH ADDITION TO TROPICAL ISLE HOMES SUBDIVISION, according to the plat thereof recorded in Plat Book 53 at Page 39 of the Public Records of Dade County, Florida; thence run Southwesterly, to a point in the waters of Biscayne Bay, said point being the point of intersection with the Southwesterly extension of the Southeasterly line of Lot 7 in Block 1 ofMASHTA POINT SUBDIVISION, according to the plat thereof recorded in Plat Book 131 at Page 37 of the Public Records of Dade County, Florida, said p oint o f i ntersection b eing 1,000 feet S outhwesterly o f t he m ost Southeasterly comer of said Lot 7, as measured along the Southwesterly extension of the Southeasterly line of said Lot 7; thence run Southeasterly to a point in the waters of Biscayne Bay, said point being the point of intersection of the Southwesterly extension of the Southeasterly line of Lot 17 of SMUGGLERS COVE, according to the plat thereof recorded in Plat Book 78 at Page 83 of the Public Records of Dade County, Florida, with the Westerly extension of the South, line of the Waterway shown on the plat of CANOGA PROPERTIES --KEY BISCAYNE, FLORIDA, according to the plat thereof recorded in Plat 16 Book 65 at Page 88 of the Public Records of Dade County, Florida; thence run Easterly, along the South line of said Waterway and its Westerly and Easterly extensions to a point in the Atlantic Ocean, 500 feet Easterly of the Erosion Control Line as said Erosion Control Line is shown on the plat thereof recorded in Plat Book 74 at Page 26 of the Public Records of Dade County, Florida; thence run Northerly along a line 500 feet Easterly of and parallel to the said Erosion Control Line to the point of intersection with the Easterly extension of the said South line of Crandon Park; thence run Westerly along the said South line of Crandon Park and its Easterly extension to the Point of Beginning; AND BEGIN at the point of intersection of said South line of Crandon Park with the centerline of Crandon Boulevard, said centerline of Crandon Boulevard being the centerline of Tract 10 of said plat of SUBDIVISION OF A PORTION OF MATHESON ESTATE, KEY BISCAYNE, DADE COUNTY, FLORIDA, and its Northeasterly extension; thence run Westerly along the South Line of Crandon Park for a distance of 400 feet; thence run Northerly at right angles to the South line of Crandon Park for a distance of 700 feet; thence run Easterly parallel with the South Line of Crandon Park for a distance of 750 feet more or less to said centerline of Crandon Boulevard; thence run Southwesterly along said centerline of Crandon Boulevard for a distance of 783 feet more or less to the South boundary of Crandon Park and to the POINT OF BEGINNING. [INSERT MAP] (Res. No. 97-15, 4-1-97/6-10-97) Section 1.04. Powers. The Village shall have all available governmental, corporate and proprietary powers. Through the adoption of this Charter, it is the intent of the electors of the Village that the -municipal government established herein have the broadest exercise of home rule powers permitted under the Constitution and laws of the State. (Res. No. 97-15, 4-1-97/6-10-97) Section 1.05. Construction. The powers of the Village shall be construed liberally in favor of the Village. (Res. No. 97-15, 4-1-97/6-10-97) Section 1.06. Capitalization. When a defined word is enclosed in quotes and in parentheses after the definition, that word shall be treated as a defined term in the remainder of this Charter, when capitalized. 17 (Res. No. 97-15, 4-1-97/6-10-97) ARTICLE II. VILLAGE COUNCIL; MAYOR* *Editor's note -Pursuant to Ord. No. 92-18, ' 1, adopted on August 11, 1992, and approved by the voters on November 3, 1992, the title of article It of the Charter has been changed from "Village Board of Trustees; Mayor" to "Village Council; Mayor." (Res. 1* 9745, 4-1-97/6-,10-97) Code reference—VillageCouncil Section 2.01. Village Council. There shall be a Village Council (the "Council"). vested with all legislative powers of the Village v �t.a tL ��i,,, wubibtu.s of-siA (6) me..ibcr., (, consisting of four (4l members (individually, a "Council Member": and collectively; "Council Members") and the Mayor. References in this Charter to Counci yo. unl s� tl. . .t �totl.. W 1J1 i.,quires."Elected Officials" shall include the four Council Members and. the Mayor. Individually each is an "Elected Official". (Ord. No. 92-18,' 1, 8-11-92/11-3-92; Res. No. 97-15, 4-1-97/6-10-97) Section 2.02. Mayor and Visa. Mayo.. (a) lefayar Generally. The Mayor shall preside at meetings of the Council; and be a voting member of the Council, .iaahc con.mittLcb of th.. Council and appoint . The Mayor shall be recognized as head of Village government for all ceremonial purposes and for purposes of military law, for service of process, execution of duly authorized contracts, deeds and other documents, and. with the advice and consent of the Councilas the Village official designated to represent the Village in all dealings with other governmentalentities. The Mayor shall annually present a state of the Village message and. after approval of the budget by the Council, an annual budget message. (b) Appointment of Village Boards. The Mayor shall appoint all members of Village boards, agencies and committees ("Village Boards"), subject to and effective upon ratification by the Council. 18 f Appointment Procedure. Prior to making appointments to any Village Board, the Mayor, during a Council meeting, shall solicit recommendations from each Council Member for appointees. ii Ratification. The names of the Mayor's appointments shall be included in the agenda for the next Council meeting at which time ratification shall be considered. (iii) Waiver. The procedure for appointment described in paragraphs (i) and (ii) may be waived by the Council in part or in its entirety in connection with a particular Village Board. (iv) Failure to Appoint. Where the Mayor fails to appoint members of a Village Board. the Council shall appoint the members. (Ord. No. 92-18.' 1, 8-11-92/11-3-92: Res. No. 97-15.4-1-97/6-10-97) Section 2.03. Vice Mayor. Mayor. During the absence or incapacity of the Mayor, the Vice Mayor shall have all the powers, authority, duties and responsibilities of the Mayor. At the first Council meeting after each regular Village election, or in any calendar year in which there is no regular Village election, at the first Council meeting in the month of November of such year, the Council shall elect one (1) of its members as Vice Mayor. Section -2 8'3 Section 2.04. Election and term of office; Seats.; cL Council M..i,Lc, an the Mayur{al Election and term of office. Each Elected Official shall be elected at -large for a. two (2) year term by the electors of the Village in the manner provided in Article V of this Charter. TT.c May.n shall L., Llwl fvi a 1w v (2) yvax Lim. Ecu,L COw1Gil M. ilib. r shall Lc cl ctLd f g a foot (4) yeas t..iul. No pCituii Shall Sc[YG 3.i Mayor fur z lvr tbau tv10 (2) copse 4tsvc CLct.,d hauls, and u0 pula°.-nay scr'd.. Oil th.. COMMA No person may serve as Council Member. as Mayor or as any combination of Mayor and Council Member, for more than eight (8) consecutive years. ,Seats. Council' Members shall serve in seats numbered 1-4 (individually. a "Seat": collectively. "Seats"). One Council Member shall be elected to each Seat. (Ord: No. 92-18,'.1,8-11-92/11-3-92;,Res. No. 97-15, 4-1-97/6-10-97) 19 Section 2701 2.05. Qualifications. Candidates for Council Member or Mayor shall qualify for election by the filing of a written notice of candidacy with the Clerk uftl., Villas.,. specifying which Seat or office they seek, at such time and in such manner as maybe prescribed by ordinance: and• payment to the Vi11ag. Clerk of the sum' of one:hundr"ed dollars" ($1001-00), as a qualifying fee. A candidate for Mayor may not be a candidate for Council Member in the same election. Only electors of Village who have resided continuously and have been a registered voter in the Village for at least one (1) year preceding the date of such filing 'shall be eligible to hold the office of Council 1Ylember or Mayor. If at the conelas�on o�fshe�qualifying penod Rio elector has fcTed ursqualit"red fora particular Seat then the qualffy ngneriod for that Seat shall' be reopen ed fora period of five business days. (Ord. No. 924S, ' 1 8-11-92/11-3-92; Res. No. 97-15, 4-1-97/6„ f 0-97) Section 3-:05 2.06. Vacancies; forfeiture of office; filling of vacancies. (a) Vacancies. The office of a Cau��c�l M ,i{Lei o. Mayor an Elected Official shall become vacant upon his/her death, resignation, removal from office in any manner authorized by law, (b or forfeiture of his/her office. Forfeiture of office. (i) Forfeiture by disqualification. A Coauc`.LM.,n bc. An Elected Official shall forfeit his/her office if at any time during his/her term s/he ceases to maintain his/her permanent residence in the Village or otherwise ceases, without good cause, to be a qualified elector of the Village. (ii) Forfeiture by absence. An. Elected Official shall be subject to forfeiture of his/her office, in the discretion of the remaining Council M.,1iLc1s, if s/he is absent without good cause from any three (3) regular monthly meetings of the Council ("Regular Meetings"), during any calendar Year, or if s/he is absent without good cause from any three concerutive Regular Meetings ufth., Cuu....il, whether or not during the same calendar year. (in) Procedures.The.Council shall be the sole judge of the qualifications of its members and shall hear all questions relating to forfeiture of a Cuu...,11 M..uiLuiS an Elected Official's office, including whether or not good cause for absence has been or may be established. The burden of establishing good cause shall be on the Coiu.cil M. to Elected Official' in question; provided, however, that any Couuc11 Elected Official may at, any time,,; during any duly held meeting move to establish good cause for the absence of him/herself or any other Council M.,,nL.a Elected Official, from any past, present or futuremeeting(s), which motion, if carried, shall be conclusive. A Coi.u., l -M.. ber AniElected Official whose qualifications are in question or who is otherwise subject to forfeiture of his/her office shall not vote on 20 any such matters. The Cowic.l Mc aLlot Elected Official in question shall be entitled to a public hearing(s) before the Council on request. If a public hearing is requested, notice thereof shall be published in one (1) or more newspapers of general circulation in the Village, at least one (1) week in advance of the hearing. Any final determination by the Council that a Council Mc.nLc, an E lected 0 fficial has forfeited his/her office shall be made by resolution. All votes and other acts of the Council M.d,1L.,r Elected Official in question prior to the effective date of such resolution shall be valid regardless of the grounds of forfeiture. (c) Filling of vacancies. A vacancy on the Council shall be filled as follows: (i) If tic %a, aucy oc, ms on tl.e Co .neil a Council Member's office becomes vacant and less than six (6) months remain in the unexpired term, the vacancy shall be filled by the Council. If the vacancy occurs in the office of Mayor and less than six (6) months remain in the unexpired term, the vacancy shall be filled by vote of the Council from among its members. (ii) If one (1) year or more remains in the unexpired term, the vacancy shall be filled by a special election to be held not sooner than thirty (30) days or more than ninety (90) days following the occurrence of the vacancy. (iii) If six (6) months or more but less than one (1) year ieurain, the vacancy shall be filled by the Council as provided for in paragraph (i) of this subsection (c) unless there is a Village, County, State or a national election scheduled to take place on any date(s) within such period, in which case the vacancy shall be filled by special election on the first such election date. (iv) If there is no qualified candidate for any vacancy in any election, the Council shall appoint a person qualified under this Article for the vacancy. (v) Notwithstanding any quorum requirements established herein, if at any time the full membership of the Council is reduced to less than a quorum, the remaining members may, by majority vote, appoint additional members to the extent otherwise permitted or required under this subsection (e). (vi) In the event that all the members of the Council are removed by death, disability, recall, forfeiture of office and/or resignation, the Governor shall appoint �n interim Council Mc nLcrs who which chail'call a special election within not less than thirty (30) days or more than sixty (60) days after such appointment and such election shall be held in the same manner a s the first elections under t his Charter, provided, however, that if there are less than six (6) months remaining in the unexpired terms, the interim Council appointed by the Governor shall serve out the unexpired terms. 21 Appointees ntust meet all requirements for candidates provided for in the second to last sentence of Section 2-04 2.05. (Ord. No. 92-18,' 1, 8-11-92/11-3-92; Res. No. 97-15, 4-1-97/6-10-97) Section 2.06 2.07. Recall. The electors ofthe Village shall have the power to recall and to remove any Elected Official from office a.dy cl.;ct.,d official ofth., Village to the extent permitted by the Constitution and laws of the State.`Theminim'um number of electors of the Village which shall be required to initiate a recall petition shall be ten percent (10%) of the total number of electors of the Village, as of the preceding Village election. No.>97-15, 4-1-97/6-10-97) Section 2.08. No compensation; reimbursement for expenses. Co ncil M.mbcls (in 1udins tl.c May.,) Elected Officials shall serve without compensation but shall receive reimbursement for authorized expenses incurred in the performance of their official duties in accordance with applicable law, or as maybe otherwise provided by ordinance for attlllol iz dd tl a.' I atilt p i d;lint VIapV11JVJ 111Vu11V<1 di its ilrl fVii11a11V4:o1 a.11 a.fr u . (Ord. No. 92-18,' 1, 8 -11 -92/11 -3 -92; -Res. No. 97-15, 4-1-97/6-10-97) ARTICLE M. ADMINISTRATIVE* *Code reference —Administration, ch. 2. Section 3.01. Village Manager. There shall be a Village Manager (the "Manager") who shall be the chief administrative officer ofthe Village. The Manager shall be responsible to the Council for the administration of all Village affairs. (Ord. No: 92-18,' 1, 8-11-92/11-3-92; Res. No. 97-15, 4-1-97/6-10-97) Section 3.02. Appointment; removal; compensation. The Council, shall appoint the Manager for an indefinite term. The Council may remove the Manager as provided in Section -37E19 this Article. The compensation of the Manager shall be fixed by the Council. 22 (Ord. No. 92-18.' 1. 8-11-92/11-3-92: Res. No. 97-15.4-1-97/6-10-97) Section 3.03. Powers and duties of the Village Manager. The Manager shall: (1) Be responsible for the appointment, supervision and removal of all Village employees; (2) Direct and supervise the administration of all departments and offices but not Village beanl Boards, unless so directed by the Council from time to time; (3) Attend all Council meetings except when excused by the Council and shall participate in discussion but not have the right to vote; (4) See that all laws, provisions of this Charter and acts of the Council, subject to enforcement and/or administration by him/her or by officers employees subject to his/her direction and supervision ("Employees"), are faithfully executed; (5) Prepare the Council's proposed annual budget and capital program, with due input from the Council; (6) Submit to the Council and make available to the public an annual report on the finances and administrative activities of the Village as of the end of each fiscal year, (7) Prepare such other reports as the Council may require concerning the operations of Village Boards, departments and offices, Loam audag.ia,i'.s, (8) Keep the Council fully advised as to the financial condition and future needs of the Village and make suchrecommendations to the Council concerning the affairs of the Village as s/he deems to be in the best interests of the Village; Execute contracts, deeds and other documents on behalf of the Village as authorized by the Cotmcil; and Perform such other duties as are specified in this Charter or as may be required by the Council: (Ord. No: 92-18, 1, 8-11-92/11-3-92; Res, No. 97-15, 4-1-97/6-10-97) Section 3.04. Village Clerk. The Council shall appoint a Village Clerk (the "ark" of "Villas.,"Clerk") for an indefinite term. The compensation of the Clerk shall be fixed by the Council'. The Clerk shall give notice of Council meetings to its members and the public, shall keep minutes of its proceedings which shall be a public record and shall perform such other duties as the Council may prescribe from time to time. The Clerk shall report to the Council and may be remaved by the Council as provided in Section -3:09 this Article. (Ord. No. 9248,' 1, 8-11-92/11-3-92; Res. No. 97-15, 4-1-97/6-10-97) Section 3.05. Village Attorney. The Council may from time to time appoint an individual attorney or a law firm to act as the Village Attorney (the "Village Attorney") under such terms and conditions as are consistent with this Charter and as may be established by the Council. The Village Attorney shall report to the Council and May be removed by •the Council at any time. (Ord. No. 92-18,' 1, 8-11-92/11-3-92; Res. No. 97-15, 4-1-97/6-10-97) Section 3.06. Village code of administrative regulations. The liminis., Manager shall maintain a Village code of administrative regulations. The counc;l Council shall, by ordinance, establish appropriate procedures for reasonable notice and public comment on proposedadministrative regulations prior to taking final action on the same. (Ord. No. 92-18,' 1, 8-11-92/11-3-92; Res. No. 97-15, 4-1-97/6-10-97) Section 3.07. Expenditure of Village funds. Lai Generally. No funds of the Village shall be expended except pursuant to duly approved appropriations. Communications,Expenditures. Where a resolution or ordinance has been adopted pursuant to Sections 5.02 or 6.02 setting an election, and the Council approves an expenditure of funds ("Communication Expenditure") to inform the public of its position with respect to a particular ballot question ("Majority Position") via mailings, advertising, web pages or the like (each, a "Communication"), that Communication shall aIso inform the public of any minority position(s) of the Council ("Minority Position"). The Elected Officials voting for Minority Position® may form a committee for each Minority Position, comprised solely of those Elected Officials who hold that Minority Position ("Minority Position Committee"). The content of the Communication relating to each Minority Position ("Minority ' Position Communication"), if any, shall be determined by the Minority Position Committee representing that Minority Position. The resolution authorizing the Communication Expenditure shall specify the type of Communication and the date the Minority Position Communication shall be completed and submitted to the Manager for inclusion in the Communication. All Communications shall present the Majority 24 0 Position and Minority Position(s) in substantially the same fashion in terms of size, color, type, length and other physical characteristics, except that, in the event that one or more Minority Position Committee(s) elects not to include a Minority Position Communication, the Communication shall contain the Majority Position, other Minority Position Communication(s), if any, and a statement that one or more Minority Position Committee(s) ; did not elect to include a Minority Position in the Communication. The Minority Position Committee(s) created by operation of this Section shall sunset upon the date the Communication is effected, Capital Projects. The Council may authorize expenditures for: (i) the acquisition, construction, renovation. or improvement of public buildings or facilities: (01 purchase of land: or (iii) the purchase of equipment. Each of the categories 1. ii and iii, irrespective of cost, is a "Capital Project". A resolution or ordinance, as required, approving a Capital Project shall contain at a minimum a description and the projected cost of the Capital Project and be specifically labeled "Capital Project Authorizing Resolution or Ordinance" ("Capital Project Legislation"). (Res. No. 97-15, 4-1-97/6-10-97) r Section 3.08. Competitive bid requirement. Except as otherwise provided by law or ordinance, contracts for public improvements and purchases of supplies, materials or services shall be awarded or made on the basis of specifications and competitive bids, except in cases where the Council determines that it is impracticable to do so. (Ord. No. 92-18,' 1, 8-11-92/11-3-92; Res. No. 97-15, 4-1-97/6-10-97) Section 3.09. Removal of Council Appointees. The Villaz,„ Manager and the Va1as. Clerk (each, is a "Council Appointee") may be suspended with paypending removal by a resolution which shall set forth the reasons for suspension and proposed removal. A copy of such resolution shall be served immediately upon, the affected Council Appointee. The affected Council Appointee shall have fifteen (15) days in which to reply thereto in writing, and upon request, shall be afforded a public hearing before the Council which shall occur not earlier than ten (10) days nor later than 15 days after such hearing is requested, and after full consideration, the Villag.. Council may adopt a final resolution of removal. The affected Council Appointee shall continue to receive full compensation until the effective date of a final resolution of removal. (Res. No. 97-15, 4-1-97/6-10-97) 25 ARTICLE IV. LEGISLATIVE Section 4.01. Council meeting procedure. (a) Meetings. The Council shall hold at least eleven (11) t..E ...tlithly Lisa Regular Meetings in each calendar year, at such times and places as the Council may prescribe by rhlagular McU:..g "). Special meetings maybe held on the call of the Mayor or by four (4)-nt brrs-ofthe three (3) Council Members upon no less than twenty -:four (24) hours' notice to cach uaciiib..r Elected Official and the public, or such shorter time as a majority ofthee Council shall deem necessary in ea tof an erhergenoy affecting life, health, (b) Rules miS itiinutes. The Council shall •determine its own rules of procedure and order of business unit shall keep minutes open for public, nspection. (c) (d) Quorum and voting &Anyfi,.i. (4) in‘aiitc:m of Cuwn, l three (3) Elected Officials shall constitute a quorum but a smaller number may adjourn from time to time and may compel the attendance of absent u.eniL..a Elected Officials in a maunerand subject to the penalties prescribed by the rules of the Council. Voting on ordinances and resolutions shall be by roll call on final action and shall be recorded in their inutes:{Except?as-otherwise specially provided in this Charter, no action of4he Council shall be valid or binding unless adopted by the affirmative votes of at least £t& (4) Coa..,,1 M,,...L.,.Jtthtee (3) Elected Officials. In the event tbat four (4) three (3) or more u.cunbtis of tl%; Coaandl Elected Officials are ineligible to vote on a particular matter due to required abstention pursuant to Florida law, then, the remaining uicutbc.s of th., CouncilLlected Officials may vote and approve such matter by unanimous vote. Meeting time limits. No meeting of the Council shall extend later than 11:00 p.m. except upon the affirmative vote of (5);Cou.:.;il 1VIwnIAaJ four (4) Elected Officials, or if less than five (5) Co a c l IVIL,nibcts four (4) Elected Officials are present, upon the unanimous vote of all Council Melnik -.J Elected Officials present at the meeting. (Ord. No. 92-17,' 1„8-11-92/11-3-92;Ord. No. 92-18,' 1, 8-11-92/11-3-92; Res. No. 97-15, 4-1- 97/6-10-97) Section 4.02. Prohibitions. (a) Appo.,de,e,d[s] Employment and rt,,.Lvub removal. Neither the Council nor any of -its members Elected Officials shall in any manner dictate the appointment or removal of any village athn nhLativc .ilrvcia v..su.pl%/yees Employees whom the Manager or any ofhis/her subordinates is empowered to appoint employ, but the Council and each Elected Official may express its views and fully and freely discuss with the Manager anything pertaining to appoiutuu...h employment and removal of such Employees. 26 1 27 (b) Interference with administration. Except for the purpose of inquiries and investigations made in good faith, the Council u . its ....:...b...s and each Elected Official shall deal with Villag„ officers and .,iupluy.,... Employees who are subject to the direction and supervision of the Manager solely through the Manager, and neither the Council nor ik any Elected Official shall give orders to any such<offret1 ci..ployee`Employee either publicly or privately: It is the express intent of this Charter that recommendations for improvement in Village government operations by individual Cs.nvil Elected Officials be made solely to and through the Manager. No individual Council M.,n.Le.`Elected Official shall give orders to the Manager. (c) Holding other office. No Elected Official shall hold any appointive Village office or employment while in office. No former Valase official Elected Official shall hold any compensated appointive Village office or employment until one (1) year after the expiration of his/her term. (Ord. No. 92-18,' 1, 8-11-92/11-3-92; Res. No. 97-15, 4-1-97/6-10-97) Section 4.03. Action requiring an ordinance. In addition to other acts required by law or by specific provision of this Charter to be effected or authorized by ordinance, those acts of the Villag., Council shall be by ordinance which: (1) Adopt or amend an administrative regulation or establish, alter or abolish any Village office Board, department, beard o. agc..cy or office; (2) Establish a rule or regulation the violation of which carries ,a penalty; (3) Levy taxes or appropriate funds; (4) Grant, renew or extend a franchise; (5) Set service or user charges for municipal services or grant administrative authority to set such charges; (6) Authorize the borrowing of money; (7) Convey or lease or authorize by adnunisl.ative action the conveyance or lease of any lands of owned by the Village; or (8) Amend or repeal any ordinance previously adopted, except as otherwise provided in this Charter;sr ill Approve a Capital Project in excess of 5500,000, When an ordinance authorizing a Capital Project in excess of 5500.000 has been approved upon first reading. notice of the date and time of the second reading shalhbe provided ('Second Reading Notice"). The Second Reading Noise shall include a brief description of the CapitatProjeet:and its cost and shall be published in addition. to and contemporaneousLy with notices regularly published for second readings. Each Village elector shall be sent a Second Reading Notice by postcard. Action taken by the Council on -a Capital Project shall not be voided by the failure of an individual Village elector to receive a Second Reading Notice postcard.: (Ord. No. 92-18,''1, 8-1.1-9,2/11-39211 es. No. 9'x,15, 44-97/6-10-97) Section 4,04. Emergency ordinances. (a) Authorization; form. To meet a public emergency affecting life, health, property or the public peace, the Council may adopt, in the manner provided in this Section, one or more emergency ordinances, but such ordinances may not levy taxes; grant, renew or extend any municipal franchise; set service or user charges for any municipal services; or -authorize the borrowing of money except as provided under the emergency appropriations provisions of this Charter if applicable. An emergency ordinance shall .beintroduced in they form and manner prescribed for ordinances generally, except that it shall be plainly designated in a preamble as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing it in clear and specific terms. (b) Procedure. An emergency ordinance may be adopted with or without amendment or rejected at the meeting at which it is introduced. After its adoption, the ordinance shall be published and printed as prescribed for other ordinances. (c) Effective date. Emergency ordinances shall become effective upon adoption or at such other date as may be specified in the ordinance. (d) Repeal. Every emergency ordinance except emergency appropriation ordinances shall automatically be repealed as of the sixty-first (61st) day following its effective date, but this shall not prevent re-enactment of the ordinance under regular procedures, or if the emergency still exists, in the manner specified in this Section. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this Section for adoption of emergency ordinances. (e) Emergency appropriations. The Council may make emergency appropriations in the manner provided in this Section. To the extent that there are, no available unappropriated revenues to meet such appropriations, the Council may by such emergency ordinance (without regard to Section 4.10) authorize the issuance of emergency notes, which maybe renewed from time to time, but the emergency notes, including renewals thereof, shall be payable not later than the last dayofthefiscalyearnextsucceedingthefiscalyearinwhichtheemergency 28 0 appropriation ordinance was originally adopted. (Ord. No. 92-18, 1, 8-11-92/11-3-92; Res. No. 97-15, 4-1-97/6-10-97) Section 4.05. Annual budget adoption. (a) Balanced budget. Each annual budget adopted by the Council shall be a balanced budget. (b) Budget adoption. The Council shall by ordinance adopt the annual budget on or before the last day of September of each year. If it fails to adopt the annual budget by this date, the Council may by resolution direct that the amounts appropriated for current operations for the then ending fiscal year be deemed appropriate for the ensuing fiscal year for a period of fifteen (15) days and may be renewed by resolution each fifteen (15) days, with all items in it prorated accordingly, until such time as the Council adopts an annual budget for the ensuing fiscal' year. An ordinance adopting an annual budget shall constitute appropriations of the amounts specified therein. (c) Specific appropriation. The budget shall be specific as to the nature of each category of appropriations therein. Reasonable appropriations may be made for contingencies, but only within defined, spending categories. The Villag., Manager may at any time, transfer any unencumbered appropriation balance or portion thereof between classifications of expenditures within an office or department. (d) Deferred compensation; pensions. Contributions to pension and other deferred compensation plans or arrangements for Vi11asc .,...Yl.,ywa Employees may be made under such terms and conditions as the Council may establish from time to time in accordance with sound actuarial principles. (Ord. No. 92-18,' 1, 8-11-92/11-3-92; Res. No. 97-15, 4-1-97/6-10-97) Section 4.06. Fiscal year. The fiscal year of the Village government shall begin on the first (1st) day of October and shall end on the last day of September of the following calendar year. Such fiscal year shall also constitute the annual budget and accounting year. (Res. No. 97-15, 4-1-97/6-10-97) Section 4.07. Appropriation amendments during the fiscal year. (a) Supplemental appropriations. It; during any fiscal year, revenues in excess of those estimated in the annual budget are available for appropriation, the Council may by ordinance make supplemental appropriations for the fiscal year up to the amount of such excess. (b) Reduction of appropriations. If, at any time during the floral year, it appears probable to the Manager that the revenues available will be insufficient to meet the amounts appropriated, s/he shall report to the Council without delay, indicating the estimatedamount of the deficit, and his/her recommendations as to the remedial action to be taken. The Council shall then take such action as it deems appropriate to prevent any deficit spending not covered by adequate reserves.. (Ord. No. 92-18,' 1, 8-11-92/11-3-92; Res. No. 97-15, 4-1-97/6-10-97) Section 4,08. Authentication, recording and dis`positibn of ordinances; resolutions and charter (a) Authentication. The Mayor of the Clerk shall authenticate by his/her signature all ordinances and resolutions adopted by the Council. In addition, when.,l.aLt.,. Chatter amendments have been approved by the electors, the Ma3'or a td`the Clerk shall authenticateTbytheirsignatures the charter amendment, such authentication to reflect 'theapprovxal°ofthe Ll.mt:t Charter amendment by the electorate. (b) Recording.The Clerk shall keep properly indexed books in which shall be recorded, in full, allordinances and resolutions passed by the Council. Ordinances shall, at the direction of the Council, be periodically codified. The Clerk shall also maintain the Vllwg.. Charter in current form and shall enter all Lhasa.,. Charter amendments. Printing. The Council shall, by ordinance, establish procedures for making all resolutions, ordinances, technical codes adopted by reference, and this Charter available to tl.c pwyl. uf the-Village`for public inspection and available for purchase at a reasonable price. (Ord. No. 92-18,' 1, 8-11-92/11-3-92; Res. No. 97-15, 41-97/6-10-97) (c) Section 4.09. Tax levy, The Village shall have the right to levy, assess and collect all such taxes as are permitted by law, including without limitation ad valorem, excise, franchise or privilege taxes and taxes on services and utilities. (Res. No. 97-15, 4-1-97/6-10-97) Section 4.10. Borrowing. (a) Debt Approval. The Village shall incur no Debt unless the incurrence of such Debt is approved by at least (5) Cua.,..:1 four (41 Elected Officials. Limits. The total Debt of the Village, including amounts authorized but still not drawn down under existing loan agreements and other contractual arrangements with (b) 30 D 0 banks and other financial institutions, underwriters, brokers and/or intermediaries, shall not exceed the greater of: WI one percent (1 % ) of the total assessed value of all property within the Village, as certified by the Miami -Dade County Property Appraiser for the current fiscal year; or ii that amount which would cause annual Debt Service to equal fifteen percent (15%) of General Fund expenditures for the previous fiscal year. (c) u Definitions. A s u sed i n t his S ection 4.10 the following t erms s hall h ave the meanings ascribed to them in this subsection. i7fl), "Debt" meansany obligation of the Village to repay borrowed money however evidenced since the date of its incorporation regardless of tenor or term for which it was originally contracted or subsequently converted through refinancing or novation, except (A) any obligation required to be repaid in less than a year and which was incurred solely for emergency relief of natural disasters, or (B) that portion of any obligation for operations which are financed and operated in an independent, self-liquidating manner and recovered entirely through currently collected user fees and charges. iEffai "Debt Service" shall include, without limitation thereto, scheduled interest payments, repayments of principal and all financial: fees arising from Debt or from the underlying contractual obligations, whether as originally incurred or subsequently deferred or otherwise renegotiated. n- iii "General Fund" shall mean any and all revenues of the Village, from whatever source derived, except those r evenues d erived from s pecial a ssessments, u ser fees and charges and designated as a separate find to finance goods and services to the public. (Ord. No. 92-18,' 1, 8-11-92/11-3-92; Res. No. 97-15, 4-1-97/6-10-97) [Note: Ord./Res. Nos. need to be added] Section 4.11. Revenue Sharing. No funds of the Village shall be paid to the County or other governmental entity pursuant to a revenue distribution or "revenue sharing" program. (Res. No.. 97-15, 4-1-97/6-10-97) 31 1,21 Section4.12. Village boards -and -agencies Boards. The Council shall establish or terminate such boa.db and ag Village Boards as it may deem advisable from time to time. Ttc'boat& and agc.a.i..J Village Boards shall report to the (Ord. No. 92-18,' 1, 8-11-92/11-3-92; Res. No. 97-15, 4-1-97/6-10-97) Section 4.13. Village Code,'O. d:aa*ces and R.,3olutious ordinances and resolutions. Except as otherwise modified or replaced by this Charter or by the Vi11agg, Council, all codes, ordinances and resolutions of the Village and ofM.xropulitaa Miami -Dade County, as applicable to the Village, which County and Village Codes, ordinances. and resolutions are in effect as of April May 1, -1997 2002, shall remain in force and effect as municipal codes, ordinances and resolutions ofthe Village. (Ord. No: 22-18, "1, 8-11-92111-3-92; Res. No. 97-15, 4-1-97/6-10-97) Section 4.14. Special Assessments. Properties may be specially assessed according to law; however, na properties shall be specially assessed by the Village, unless: (a) A majority of the owners of the properties to be specially assessed petition the Village for a special assessment, or (b) An election of the property owners to be specially assessed is held to approve the special assessment and a majority of the property owners voting, one (1) vote per property, on -a vote in favor of the proposed special assessment vot.; i.. i ay.,.. (Res. No. 2000-11,' 4, 3-14-00/5-16-00) ARTICLE V. ELECTIONS Section 5.01. Elections. (a) Electors.Any person who is a resident of the Village, has qualified as an elector of the State and registers to vote in the manner prescribed by law shall be an elector of the Village. Nonpartisan elections. All elections for the offices ofCotrc ln.c.nbc. Council Member and Mayor shall be conducted on a nonpartisan basis. (b) 32 (c) Election date. Aprlmury7tlef too,. shall be l.etd to eat,l. evert-nurubei ed'yea., oi, tl t aluy of ll.d cc, It astute primal elet- I a, O, ,f nurse 13 J,e%C11,1 any such yea,, O,1 the f,st Tueaday ft/1lt,rrir.x tl.e at Mu,aluy uf CA tube,. A .esutur date. An election shall be held in November of each even -numbered year, on the same day U.S. congressional elections are held, or if none are held in any year, on the first Tuesday following the first Monday of said I.,u,.tl. alltl November of that year. (d) I' anal y elecGun Election. The ballot for the primary election shall contain the names of all qualified candidatesfor Mayor and forJ as a ia.0ult-0f tlucc (3) CVluivf11111.111L.,.d tN1n1a ..Api1111g each of the four (4) Seats, and shall instruct electors to cast one (1) vote for Mayor and 11u 111V1e tlrall t1 rec (3) n t s fo1 Coa,.c11, one (1) vote for each Seat. If any candidate for Mayor receives a in n t,‘, uf V ut.a greater than fifty percent (50%) of the total 13Un1Llel Vf ballots cast for Mayor, such candidate shall be the-dulretected-Mayorr mid -no -regular Llwtivu fv1 Mayvi allall Lv n.yuunnl. If ealy ..andidatv(s) fo1 CO 1 1ei1 r eci4G(S} a fltuuLGt of votes duly elected Mayor. If any candidate for a Seat receives greater than fifty percent (50%) of the total .iwitbt., of ballots cast for that Seat, such candidates) shall be duly elected to that Seat. If no candidate receives greater than fifty percent (50%) of the ballots cast for Mayor. the Council, and Oh. aaanb.,r of t,osi . the two (2) candidates for Mayor who received the rnost-vot narrelectiorr.--The-balint-far- the 1 Ggtllaf t.lwttvll Shall alau ..V11tain tL., 11a1n 1,f t11L WA. (() Leal/ d1datw fVI Culniltl w110 t11G primary G1..ct'on, iron; if any C°tine11 pooltivua wvv. told to cca t-onv-(1--)-COtS"&n Mayor and to cast a uumbe VOtes-for • UIlG (1) 401.. jna ca11t11daty. 111., ..athhdaLc lvf May01 Il.Gc1Vu1 n1G tIIODt vuLt. 4 his duly .,1eLtad to tin, 1..n i11i11g positions to be filkd on tht, Council. greatest number of ballots: cast shall be included in a runoff election. If no candidate for a Seat receives greater than fifty percent (50%) of the ballots cast for that Seat. the two (2) candidates who received the greatest number of ballots cast for that Seat shall be included in a runoff election for that Seat OW Special elections. Special elections, when required, shall be scheduled by the Council at such times and in such manner as shall be consistent with this Charter. Runoff election. If tin, pint/a/4 ck, tivn ztsulb ill two (2yet-more-cat' e • vtc aucL LLa1 Ltac uulaaba,l of .,cuatildatw to Lc j1laa.a.d vuiltc b3nuL Skit Lltc scgutartIvcttult Would GAcccd the lulutahOnS ul Subacts tIvy (G), all Can dldatva twclvuts tlh. ttr, vvtc allot' Lt. 33 apply a runoff election is necessary. it shall be held two (2) weeks after the election held pursuant to subsection fc) of this Section. The candidate receivine the greatest number of ballots cast in the runoff election for Mayor shall be duly elected Mayor. The candidate receiving the greatest number of ballots cast for each Seat shall be duly elected to that Seat. If a tie vote occurs in the 1..sulat runoff electiombetween two (2) or more candidates for either the office of Mayor or Colima M,,n,L.,. a Seat, the tie shall be decided by lot under the direction of the'Villag.. Cli,rk. Clerk. firXg1.Scd%gTh odik4tu�eS jt i�tr eve,J taut t%ie lautu�idl vf'pi t,onS iulio-qualafj) OS cand,d tea fox the to .be fl/td ..l Sui,`it ete,.tivn, ytVJG pu3ct:uiw ShuCfviul be ttste.t Or the pi tautly: Ot iegutui Village ecii it Lalk t. Single candidates. E6 election far Mayor or for any Seat shall be r aired in`at y election ifthere is only one duly gtualifred'candidate for Mayoras for that ulytju'alifieddra�ndidate^shallbe demed elected. Absentee votes. Absentee voting will be permitted- as provided by the laws of the State and under such conditions as may be prescribed by ordinance from time to time; provided, however, that no ordinance shall limit the right to vote by absentee ballot available under State law. ' tam Commencement' of termer The tetni of office ofany elected official will commence seven (7) days following the day of the regular' runoff. or special election at which s/he is elected. (Ord. No. 92-18,' 1 8-11-92/11-3-92; Res. No. 97-15, 4-1-97/6-10-97) Section 5.02. Initiative and referendum. (a) Power to initiate and reconsider ordinances. (i). Initiative. The electors of the Village shall have power to propose ordinances to the Council and, if the Council fails to adopt an ordinance so proposed without any change in substance, to adopt or reject it at a Village election, provided that such power shall not extend to the annual budget or any ordinance appropriating money, levying taxes or setting salaries of Villagc officcis at cn,Yloy.,ca. Council Appointees' orEmployees. Thenitiative power shall not be available to propose an ordinance which delays. prevents. changes the nature of. or otherwise affects the execution of a Capital Project unless proceedings with respect to the initiative are commenced within thirty (30)days after the date of adoption of the Capital Project Legislation. 34 J (ii) Referendum. (A) The electors of the Village shall have power to require reconsideration by the Council of' any adopted ordinance and, if the Council fails to repeal an ordinance so reconsidered, to approve or reject it at a Village election, provided that such power shall not extend to the annual budget or any ordinance appropriating money, levying taxes or setting salaries of Village i'iplu y....a Council Appointees or Employees.The referendum power described in this paragraph shall not be available to require reconsideration of an ordinance authorizing a Capital Project or the issuance of debt unless proceedings with respect to the referendum are commenced within thirty (30) days after the date of adoption of the ordinance. (B) Notwithstanding anything in paragraph (ii)(A) of this subsection (a) to the contrary, the referendum power shall extend to any ordinance levying ad valorem taxes, provided that (1) the ordinance increases the millage rate above five (5) mills, (2) proceedings with respect to the referendum are commenced within twenty (20) days after the date of adoption of the ordinance, and (3) all petitions with respect to the referendum are filed within thirty(30) days after the date of adoption of the ordinance. (b) Commencement of proceedings. A minimum of h.,, (10) forty (40) electors may commence initiative or referendum proceedings by lil filing with the Clerk or other official designated by the Council an affidavit stating they will constitute the petitioners' committee and be responsible for circulating the petition and filing it in proper form; ("Petitioners' Committee"). (ii) stating their names and addresses and specifying the address to which all notices to the contuiitt.,e Petitioners' Committee are to be sent, and fill) setting out in full the proposed initiative ordinance or citing the ordinancesought to be reconsidered. In addition. the Petitioners' Committee shall submit the petition form to be used. which shall contain a brief description summarizing the proposed initiative ordinance or the ordinance sought to be reconsidered in plain language. and an unexecuted affidavit of circulator. prepared pursuant to paragraph liiil of subsection (c) Promptly after the affidavit ofthe petitioneisLcommittecis Petitioners' Committee. the form of petition, and the unexecuted affidavit of circulator (collectively "Documentation")'are filed, the Clerk or other official designated by the Council i.ray, at tl.. ce,i,.,,:tt. s _,AA], Ins shall submit the Documentation to the Village Attorney for review. at the Village's expense, as to legal sufficiency by and legality of subject matter. If the Documentation is determined to be legally sufficient and of lawful subject matter, the Village Attorney andior shall. within ten business days of the Villase Attorney's receipt of the Documentation. so' advise the CJerk_"_Ls¢al Sufficiency Notice") who shall issue the appropriate petition blanks to the petitioners' LO.flnult.,G, butla at tL,.. trummi l...: . AYC.L'., Petitioners' Committee..: 35 u Determination of legal insufficiency. If the Documentation is determined to be legally insufficient. the Village Attorney shall. within ten business days of the Village Attorney's receipt of the Documentation, propose revisions that respect the spirit and intent of the proposed initiative or referendum ("Proposed Ftevisionsil. which the Clerk shall transnntto the Petitioners' Committee. If the Petitioners' Committee accepts the Proposed Revisions within ten business days of its receipt of the Proposed Revisions. the Proposed Revisions shall be incorporated into the Documentation. and',thewDbcumentation thus amended shall replace the initially proposed Documentation. The Clerk shall then issue the appropriate petition blanks' to the Petitioners' Committee. If the. Petitioners' Committee dos not teptthertorrethons within ten business days. the Petitiniten''Committee'may redraft the Documentation. re -commence the proceedings. and file all Documentation with the Clerk in accordance with subsection (b) of this, Section. Lit Determination'aj'unlawful subject matter. In the eventthe subject matter of the petitian'is determined tit be 'Unlawful. the Village Attorney shall. within ten business days of''r`eceipt ofthe Documentation. issue an opinion addressed to the Petitioners‘ Committee' setting forth the reasons for such determination and advi'sing thhtalietititie will net `be processed further and that the petition blanks will not be issued # (i) Nzember ofsignatures. Initiative and referendum petitions must be signed by electors ofthe Village equal in number to at least ten fifteen percent t+9%3L15,° 21 of the total number of electors'registered to vote at the last regular Village election. (ii) Form and content. All papers of a petition Shall be assembled as one instrument of for filing" Each signatureshall be executed in ink and shall be, followed by the printed name and address of the person signing. Petitions shall contain or have hod theret� throughout their circulation the full text of the ordinance proposed or sought io*e reconsidered. Tl1c pct tioaslt 11 b. Lolly -sufficient. as well as a brief descriptionsumniarizing'such ordinance in plain language. (iii) Affidavit of circulator. £zeh paper ofap�til u., oliall ltav, attav1ic.l tu .t-w1.La( f,I...1 Upon fihing of the4petition. each page=ofthe petition that contains one or more gignaturessh all 'have an'affiidavitexecuted. ythecirculatortl �,:efslatia attached The affidavit shall statecthe name of the circulator, that s/he personally circulated th`e paper nage, the number of signatures therecxt on the page, that all the signatures were affixed inl is/her p esenre„that s/he, believes+ them to be.the genuine signatures dfhe persons whose names 4they. pu port to be, and,that each signer had an oppoi`tunity:before,signing"to°readtthe,full,text of the ordinance proposed or 36 sought to be reconsidered (iv) Filing deadline. Except as otherwise provided in paragraph (ii)(B) of subsection (a) of this Section, all initiative and referendum petitions must be filed within sixty (60) days of the date un which p1occedi..gs with ,cspc t to Judi luitiali vi 0. 1cf r H luau a. c �.na�.iced the Clerk issues the appropriate petition blanks to the Petitioners' Committee. (d) Procedure for filing. (i) Certificate of Clerk; amendment. Within -twenty (20) days after an initiative petition is filed or within five (5) clays after a referendum petition is filed, the Clerk or other official designated by the Council shall complete a Ccitifua as t., its 1�gal certificate of sufficiency ("Certificate"), specifying, if it is insufficient, the particulars wherein it is defective and shall promptly send a copy of the Certificate to the p.;titio..cis' aiu uith Petitioners' Committee by certified mail, return receipt requested(th "Certificatl."). Grounds for insufficiency are only those specified in subsection (c) of this Section. A petition certified insufficient for lack of the required number of valid signatures may be amended onceifthe pctti.,.icrs co1.,...itt� Petitioners' Committee files a notice of intention to amend it with the Clerk or other official designated by the Council within two (2) business days after receiving the copy of the Certificate and files a supplementary petition upon additional papers within ten (10) days after receiving the copy of such Certificate; Such supplementary petition shall comply with the requirements of paragraphs (i) and, (ii). and (iii1 of subsection (c) of this Section, and within five (5) days after it is filed the Clerk or other official designated by the Council shall complete a Certificate as to the kga1 sufficiency of the petition as amended and promptly send a copy of such Certificate to the petitionersLcornmittee Petitioners' Committee by certified mail, return receipt requested, as in the case of an original petition. If a petition or amended petition is certified sufficient, or if a petition or amended petition is certified insufficient and the pct;t'on crs' .,o.n..iitt.,., Petitioners' Committee does not elect to amend or request Council review under paragraph (ii) of this subsection (d) within the time required, the Clerk or other official designated by the Council shall promptly present his/her Certificate to the Council and such Certificate shall then be a final determination as to the sufficiency of the petition. (ii)' Council review. If a petition has been certified insufficient ,a..1 thV IA, titau.,c1St i by the Village pursuant to paragraph (i) of this subsection (d), and the Petitioners' Committee does not file notice ofintentionto amend it or if an amended petition has been certified insufficient, tiic co,n.nittcc pursuant to paragraph (1) of this subsection (d). the Petitioners' Committee may, within two (2) business days after receiving the -copy of such Certificate, file a request that it be reviewed by the Council. The Council shall review the Certificate at its next meeting 37 following the filing of such request and approve or disapprove it, and the Council's determination shall then be a final determination as to the sufficiency of the petition. Action on petitions. (i) Action'by CouncilWhen an initiative or referendum petition has been finally determined sufficient, the Council shall promptly consider the'proposed initiative ordinance or reconsider the referred ordinance by voting its repeal, all in the manner provided in Article P1. The repeal of an ordinance relating to the levy of ad valorem taxesshall be by resolution. If the Council fails to adopt a proposed initiative ordinance without any change in substance within forty-five (45) days or fails to repeal tlie referred ordirianee within thirty (30) days (or, inthe case of a referendum authorized pur"s ant to paragraph (ii)(B) of -subsection (a).of this Section, within five (5) days after the date on which" the faetition petition is determined, to be sufficient), it shall su&nit the proposed`or referred ordinancet0,the.electors o'fthe V illage. I f the Czirincil ails to act pith p oposedf mutative ordinance ora,referred,ordinance within the Mlle period coi%talned':in this paragraph (Dui aaba tiuu (a.). of tluo .SaAtiun, the Council shall bgdeemed to have failed tg adopt the= proposed initiative ordinance or failed td,,repeat thiereferred ordinance on the last day thatat the Council was authorized to act on'such natter: ' Submission to electors. The vote of the Village on a proposed or referred ordinance shall be held not less than thirty (30) or more than aiitr (60) one hundred twenty (1211) days from the date the Council acted or was deemed to have acted pursuant to paragraph (i) o f subsection (e) o this Section that..th,: petition s as d ct.,rn.;ncd au;. i:,.,t. if;,., `, gulai' if no election is to be held within the period described in this paragraph, the Council shall ;provide for a' special election, except that the Council May; in its .discretion, provide for a special` election at an earlier date, within the described period. Copies of the proposed or, referred ordinance shall be made available at the polls.' (iii); Withdrawal of An initiative or referendum petition may be withdrawn at any'ti ne prior to the fifteenth (15th) day preceding the day scheduled for a vote of the Village by filing with the Clerk or other official designated by the Council a request for withdrawal signed by at least eight -tenths (8/10) of the members of the petitionersztonunittee Petitioners' Committee. Upon the filing of such request, the petition shall have no further force or effect and all proceedings thereon shall be terminated. ` Results ofelection. (i) Initiative. If a majority of the qualified electors voting on a proposed initiative ordinance vote in its favor, it shall be considered adopted upon certification of the election results. If conflicting ordinances are approved at the same election, the one 38 0 receiving the greatest number of affirmative votes shall prevail to the extent of such conflict. (ii) Referendum. If a majority of the qualified electors voting on a referred ordinance vote against it, it shall be considered repealed upon certification of the election results. (Ord. No. 92-18,' 1, 8-11-92/11-3-92; Ord. No. 97-11,' 1, 4-8-97/6-10-97; Res. No. 97-15, 4-1-97/6- 10-97) [Note: Ord./Res. Nos. need to be added] Section 5.03. Form of ballots. A dla. L1 Charter amendment, ordinance or other ballot issue to be voted on by the electors shall be presented for voting by ballot title. The ballot title of a measure may differ from its legal title and shall be a clear, concise statement describing the substance of the measure without argument or prejudice. Below the ballot title shall appear the following question: "Shall the above described [amendment/ordinance/proposal] be adopted?" Immediately below such question shall appear, in the following order, the word "YES" and also the word "NO." (Res. No. 97-15, 4-1-97/6-10-97) ARTICLE VI. CHARTER AMENDMENTS Section 6.01. Charter Amendments. This Charter may be amended in accordance with the provisions of this Article. (Res. No. 97-15, 4-1-97/6-10-97) Section 6.02. Procedure to amend. (a) Initiation. This Charter may be amended in two (2) ways: (i) By ordinance. The Council may, by ordinance, propose amendments to this Charter and upon passage of the initiating ordinance shall submit the proposed amendment to a vote of theelectors at the next general election held within the Village or at a special election called for such purpose. (ii) By petition. The electors of the Village may propose amendments to this Charter by petition. Each petition proposing amendments to this. Charter shall be commenced, in the form, filed, certified as to its sufficiency and/or withdrawn in the same manner as an ordinance proposed by initiative pursuant to Section 5.02. except that the Petitioners' Committee need only collect signatures from ten percent (10%) of the total number of electors registered to vote at the last rggalar Village election. 39 (b) (c) Submission to electors. Upon certification of the sufficiency of a petition, the Council shall submit the proposed amendment to a vote of the electors at the next general election if such election is scheduled to be held not less than sixty (60) days or more than one hundred twenty (120) days from the date on'which the petition was certified or at a special election called for suchpurpose. A special election; ifnecessary, shall be held not less than sixty (60) days or more than o.,c htuidicd t>me ty (120) ninety (901 days from the date on which the petition was certified sufficient. Results of election. If a majority of the qualified electorsvoting on a proposed amendment vote for its adoption, it shall be considered adopted upon certification of the election results. If conflicting amendments are adopted at the same election, the one receiving the greatest number of affirmative votes shall prevail fo the extent of,streh conflct.„ (Ord. No. 92-18,'1, R--11-92/113-92; Res. No. 97-15, 4 1-97/6-10.97) Section 6.03. Form of ballot Any charter amendment ballot issue to be voted on by the electors shall be presented on the ballot in the form required by Section 5.03. (Res. No. 97-15, 4-1-97/6-10-97) ARTICLE VII. GENERAL PROVISIONS* *Code reference --General provisions, ch. 1. Section 7.01. No casino gambling. There shall be no casino gambling within the Village; provided, however, that nothing herein shall prevent religious, educational or charitable organizations from holding occasional events which feature games of chance which are not otherwise prohibited by State or County law. (Res. Na 97-15, 4-1-97/6-10-97) Section 7.02. Severabiiity. If any section or part of section of this Charter shall be held invalid by acourt of competent jurisdiction, such holding shall not affect the remainder of this Charter or the context in which such section or part of section so held invalid may appear, except to the extent that an entire section or part of section may inseparably connected in meaning and effect with the section or part of section to which such holding shall directly apply. 40 n (Res. No. 97-15, 4-1-97/6-10-97) Code reference--Severability of Code,' 1-13. Section 7.03. Conflicts of interest; ethical standards. All C ncii-3afembv”, vfL.,, a<11 Laity ywa Elected Officials, Council Appointees, and Employees of the Village shall be subject to the standards of conduct for public officers and employees set bylaw. In addition, the Council may, by ordinance, establish a code of ethics for Council Meh1Lr , uff c: its Elected Officials. Council Appointees and Employees. Without in any ways limiting the generality of the foregoing, no melnbei of th. Council Elected Official shall have a financial interest, direct or indirect, or by reason of ownership of stock or other equity ownership in any corporation or entity, in any contract or in the sale to the Village or to a contractor supplying the Village of any land or rights or interests in any, land, material, supplies, or services unless, after full disclosure to the Council of the nature and extent of such interest, the same is authorized by the Council before the event or accepted and ratified by the Council after the event. No incafbei of the Cou1icil Elected Official who possesses such a financial interest shall vote on, or participate in the Council deliberations concenung, any such contract or sale if such interest is more than a de minimis interest. Any violation of this Section with the knowledge of the person or entity contracting with the Village shall render the contract voidable by the Council. (Ord. No. 92-18,' 1, 8-11-92/11-3-92; Res. No. 97-15, 4-1-97/6-10-97) Code reference —Village Council,' 2-21 et seq. Section 7.04. Village personnel system; merit principle. All new employments, appointments and promotions of Village off ma and -employees Employees shall be made pursuant to personnel procedures to be established by the Manager from time to time. Such personnel procedures shall be based on principles of merit and fitness. (Res. No. 97-15, 4-1-97/6-10-97) Section 7.05. Grants and charitable contributions. The Village shall not make any grants or charitable contribution to any person or entity, except such grants or contributions as have been approved by all s.,o a (7) C uwS 1/4. the affirmative vote of a majority plus one of the entire Council. (Ord. No. 92-18,' 1, 8-11-92/11-3-92; Res. No. 97-15, 4-1-97/6-10-97) 41 Section 7.06. Charter revision. At its first regular meeting in December of every fifth (5th) year after theadoption of this Charter, commencing with December 1996, the Council shall appoint a Charter revision commission (the "Charter Revision Commission") consisting -of five (5) persons, one (1) of whom shall -be a ,..0.4uL a of tL. C.,uj...; :..e a c,. ,: Council Member and four (4) of whom shall be electors of the Village. -`Ifthu, aac asoCoun i1 Aofcrribcto. In the event that the appointed Council' Member is unable or rinwilling to serve on the Charter Revision Commission, the Council shall appoint cr=an elector ofthe Village iii his/he'r place The mayor Abaft not be eligible for appointment to the Charter Revision Commission, The Charter Revision Cornlriission. shall cornmthce its proceedings within forty-five (45) days after appointment by the Council„ If the Chary Revision ' m 4 issi & +.� fi k. f s sI + • s ft, inch amendments to this<Charter as G'omnnssiolt deteri�es #bat=a re onrs-needed; flsh:�'II it deerns'appropriaie acid subinif' lr%same= CflAmilatorthUn4April 1 ofthe yea)-,foliowing report ofth&Charter ket"rsirpd<Co ssion grantto.the Co 1' ,theLoption ed aiiiei7ctine r th'e lra to ar the r 'sched rled, tforn ;Oth wise, the Cvtuici `shall `r (6 da sioi inor'e si .(G irrety (90) days after oftpe.Village (a) and (Ord. NO iropo"s dot fess than thiity (3b) h'proposed-awe-name tith th` r'rovisiohs' oil sl all not ap 1-92/11-j=9i Section 7.07. Variation of pronouns: singular/plural. All pronouns and any variation thereof used in this Charter shall be deemed to refer to masculine, feminine, neutral, singular or plhtral detheidentity ofthe person or persons shall require and are not intended to describe, interpret, define or limit the scope, extent or intent of this Charter. When a term is defined, the singular inetalleithe Plural and the plural includes the singular as the context requires. (Res. No. 97-15, 4-1-97/6-10-97) ARTICLE VIII. TRANSITION PROVISIONS* *Editor's note -The former sections of the Charter printed in this note, with their history, have become ineffective and no longer a part of the Charter, pursuant to section 8.01 of the, Charter, since the implementation of each such section has been accomplished. Set out herein are former sections 8.02, 8,05, 8.06, and („ Xi)(;i;) and (g) of 8.07: 42 Section 8.02. Interim governing body. After adoption of this Charter but prior to the election and acceptance of office of the first elected Village Council, the governing body for the Village shall be the Dade County Board of County. Commissioners. In acting as the governing body for the Village during this interim period, the Dade County Board of County Commissioners shall not make decisions which could reasonably be postponed until the election of the Village board of trustees or which would materially alter or affect the status quo within the Village boundaries. (Ord. No. 92-18,' 1, 8-11-92/11-3-92) Section 8.05. Fiscal year and first budget. The first fiscal year of the Village shall commence on the effective date of this Charter and shall end on September 30, 1992. The first budget shall be adopted on or before October 30, 1991. Section 8.06. Transitional ordinances and resolutions. The Council shall adopt ordinances and resolutions required to effect the transition. Ordinances adopted within sixty (60) days after the first Council meeting may be passed as emergency ordinances. These transitional ordinances shall be effective for no longer than ninety (90) days after adoption, and thereafter may be readopted, renewed or otherwise continued only in the manner normally prescribed for ordinances. (Ord. No. 92-18,' 1, 8-11-92/11-3-92) Section 8.07. Initial election of Council and Mayor. (a) Transition. This Section shall apply to all primary and regular elections for Council and Mayor held on or before December 31, 1996[,1 and any conflicting provisions of Section 5.01 shall not apply to such elections. (b) Election dates. The first Village primary election shall be held on September 3, 1991. Primary elections shall also be held in 1993 and 1994 on the day of the second State primary election, or if none are held in any such year, on the first Tuesday following the first Monday of October. The first Village regular election shall be held on September 17, 1991. Regular elections shall also be held in, November of 1993 and 1994 on the same day U.S. congressional elections 'are held, or if none are held in any year, on the first Tuesday following the first Monday of said month and year. (c) 1991 elections. The primary and regular elections in 1991 shall be held pursuant to the procedures set forth in Section 2.03 and Section 5.01(d) and (e), except as follows: 43 (i) only those candidates will qualify for election who have filed written notice of candidacy for Council Member or Mayor (but not both) with the Dade County Elections Department, which notice is received before 5:00 p.m., August 5, 19911,j and which notice shall:: (A) indicate whether the candidate seeks the office.of Council Member or Mayor; (B) contain the candidate's certification that he is a qualified elector of the State of Florida, is registered to vote in the Village and has resided continuously within the Village since August 5, 1990; (C) contain or be accompanied by such other inforrnation or statement, if any, as may be required by the Dade County Elections Department; .. " (D) be signed by the candidate and duly notarized; and (E) be accompanied by a;check payable to the Dade County Elections Department in the amount of $100.00; (ii) there will be six (6), rather than three (3), Council positions to be filled; (iii) the number of candidates on the regular election ballot will be twelve (12), rather than six (6); or a lesser number equal to two (2) times the number of Council positions to be filled, if any candidates were duly elected to the Council in the primary; (iv) the Mayor will be elected to a two (2) year term expiring in 1993; (v) the three (3) duly elected Council Members receiving the most votes, respectively, will be elected to three (3) year terms expiring in 1994; for purposes of this provision, any Council Member duly elected in the primary will be considered to have received more votes than any Council Member elected in the regular election; and (vi) the three (3) remaining duly elected Council Members will be elected to two (2) year terms expiring in 1993. (d) 1993 elections. The primary and regular elections in 1993 shall be held pursuant to the procedures set forth in Section[s] 2.03, 2.04 and Section 5:01(d) and (e), except as follows: (i) the Mayor will be elected to a three. (3) year term expiring in 1996; and (ii) the three (3) duly elected Council Members will be elected to a three (3) year teen expiring in 1996, (e) 1994 elections. The primary and regular elections in 1994 shall be held pursuant to the procedures set forth in Section 2.03 and Section 5.01(d) and (e). 44 G o LO Maximum terms. Notwithstanding Section 2293. any Council Member (including the Mayor) elected in the 1991 election may serve for alnaximum of nine (9) consecutive years on the Council, and the Mayor elected in 1991 or 1993 may serve for a maximum of five (5) consecutive years as Mayor. * (g) Induction into office. Those candidates who are elected at the first regular election shall take office at the initial Council meeting, which shall be held at 7 p.m. on September 23, 1991[,] at the Key Biscayne Elementary School. (Ord. No. 92-18,' 1, 8-11-92/11-3-92; Res. No. 97-15, 4-1-97/6-10-97) Section 8.01. Temporary nature of Article. The following sections of this Article are inserted solely for the purpose of effecting the incorporation of the Village and, the transition to a new municipal government, and the transition to a five -member Council. two-year terms and Seats for Council Members. Each section of this Article shall automatically, and without further vote or act of the electors of the Village, become ineffective and no longer a part of this Charter at such time as the implementation of such section has been accomplished. (Res. No. 97-15, 4-1-97/6-10-97) Section 8.04. Taxes and fees. Until otherwise modified by the Vrllag, Council, all municipal taxes and fees imposed within the Village boundaries by the County as the municipal government for unincorporated Dade County, which taxes and fees are in effect on the date of adoption of this Charter, shall continue at the same rate and on the same conditions as if those taxes and fees had been adopted and assessed by the Village. (Ord. No. 92-18,' 1, 8-11-92/11-3-92; Res. No. 97-15, 4-1-97/6-10-97) (f) Maxinaam toms. Nuth atdat,mdutg Sep tlon 2.03, dray Council MGuba,a (ilaa.lu�liu� lL� May au LIIV till a,Iwlavu quay aa.a tc lua a waaanaulu of uaue \,l a.le 4., l.vuatah and Ute lrlayw cabs tuna. livc y van a as May ua..: 3c 45 8.08. Transition provisions tofacilitatechange to two-year terms; five -member Council: Seats. L.! Transition. This Section shall apply to all elections for Council Members held in 2002. Any conflicting provisions of Sections 2.04 and 5.01 shall not apply to such elections. Seats. Upon approval of the Charter amendments by the electors of the Village. the title of the various Council positions shall be changed to reflect the following: fij The Council position currently held by Council Member Martha Fernandez -Leon Broucek shall be deemed, to be Seat 1.. The Council positioncurrently held by Council Member Mortimer Fried shall be deemed to be Seat 2. (iii) The Council position currently held by Council Member James L. Peters shall be deemed to be Seat 3: (iv) Seat 4 shall be deemed open and shall not be filled until the conclusion of the 2002 election. id 2002 Elections. Elections shall be held in 2002 in the manner described in Section 5.01. except that only Seat 4 shall be filled. The Council Member elected shall serve a two (21 year term in Seat 4. Thereafter all elections shall be held pursuant to the procedures set forth in Section 2.04 and Section 5.01. Section 6. The County registration books shall remain open at the Office of the Miami -Dade County Supervisor of Elections until June 10, 2002, at which date the registration books shall close in accordance with the provisions of the general election laws. Section 7. The Miami -Dade County Supervisor of Elections is hereby authorized to take all appropriate actions necessary to carry into effectt and accomplish the provisions of this Resolution. Section 8. This special election shall be canvassed by the County Canvassing Board in accordance with the provisions of the general election laws. Section 9. That copies of this Resolution and the Report proposing the Charter amendments are on file in the office of the Village Clerk located at 85 West Mclntyre Street, Key Biscayne, Florida, 33149, and are available for public inspection during regular business hours. 46 1 Section 10. T hat if a majority o f t he qualified electors voting on a proposed Charter amendment vote for its adoption, it shall be considered adopted and effective upon certification of the election results. If conflicting amendments are adopted at the same election, the one receiving the greatest number of affirmative votes shall prevail to the extent of such conflict. Section 11. That in the event that some, but not all, of the Charter amendments are approved by the electors, conforming amendments shall be deemed to be adopted and the Village Attorney is authorized to revise the Charter, including the provision of transitional provisions, to the extent necessary to assure that all amendments adopted conform to one another. Section 12. That each of the Charter amendments which are approved by the electors shall be applied prospectively only. Further, those Charter amendments proposed in items "2," "5," and "7" of Section 4 of this Resolution shall be effective in accordance with the transition provisions related thereto and shall not operate to affect the existing term of office of any Council Member. Section 13. If amendment item "14" in Section 4 is approved, but amendment item "7" in Section 4 i s n of approved, the Charter t ext applicable to amendment "1 4" s hall b e revised to implement the election system reform envisioned by amendment "14," including the elimination of the primary election, but shall not include provisions concerning seats. Section 14. That this Resolution shall become effective upon its adoption. PASSED AND ADOPTED this 16th day of April, 2002. CONCHITA H. ALVAREZ, CMC, VILLAGE APPROVED AS TO FORM AND LEGAL SUFFICIENCY: RICHARD JAY WEISS, VILLAGE. ATTORNEY 103001kesolutionssanail ballot of June 27, 2002 re proposed charter amendments 47 MAYOR JOE I. RASCO RESOLUTION NO. 2002 -16 A RESOLUTION OF 1'HE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AMENDING VILLAGE/STATE DEPARTMENT OF MANAGEMENT SERVICES AGREEMENT; APPROVING THE GUARANTEED MAXIMUM PRICE (GMP) AND AUTHORIZING THE CONSTRUCTION OF MODIFICATIONS TO THE FIRST FLOOR OF THE ADMINISTRATION/POLICE STATION AS PROVIDED FOR IN PLANS PREPARED BY SPILLIS, CANDELA DMJM; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Agreement between the State of Florida Department of Management Services, the Village and James A. Cummings Inc. provides for the establishment of a Guaranteed Maximum Price (GMP) for the Administration/Police Building and Fire Station; and WHEREAS, the Building Review Committee recommended modifications to the first floor in the Administration/Police Building subject to a cap of $200,000 for new construction costs; and WHEREAS, the Village Council approved the Building Review Committee's recommendation through the adoption of Resolution No. 2002-10; and WHEREAS, Spillis Candela DMJM prepared the attached architectural and engineering plans and James A. Cummings bid the cost of the work; and WHEREAS, James A. Cummings, Inc. has submitted a Guaranteed Maximum Price (GMP) based on the plans prepared by Spillis, Candela DMJM NOW, THEREFORE BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS: Section 1. Recitals. Each of the above recitals is adopted and confirmed. Section 2. GMP. That the Guaranteed Maximum Price (GMP), as set forth in the attached April 2, 2002 report from James A. Cummings, Inc. of $ 189,058 for work associated with modifications in the first floor of the Administration/Police Building is hereby approved. Section 3. GMP Plans. That the Guaranteed Maximum Price (GMP) for the work referenced in Section 2 above is based on the attached plans (the "Plans") prepared by Spillis Candela DMJM, which Plans are hereby approved. Section 4. Construction Authorized. That the Village Manager is hereby directed to proceed with the construction work as described in Sections 2 and 3 above. 1 Section 5: DMS Authority; Agreement Amended. That the spending authority as set forth in the Village's Agreement with the State of Florida Department of Management Services is hereby amended to correspond with the Guaranteed Maximum Price (GMP) for the above described work in accordance with the contract, amendments attached; thereto. Section 6: Authority. That the Village Manager and the Village Attorney are authorized to take any and all action necessary to implement this Resolution. Section 7: adoption. Effective Date. That this resolution shall take effect immediately upon PASSED AND ADOPTED this: .9th day of April. AYOR JOE L RASCO ansICHTIA H. ALVAREZ, CMC, VILLAGE CLE APPROVED AS TO FORM AND LEGAL SUFFICE RICH JAY WEISS, VILLAGE ATTORNEY Amendment No.: 2 AMENDMENT TO AGREEMENT BETWEEN CLIENT AND AGENT State Project No.: VICB-98069000 State Project Name and Location: Proposed Village Community Center, Village Fire Station, Police Station, and Administrative Office of the Village Village of' Key Biscayne, Florida THIS AMENDMENT made this 9th day of April in the year Two Thousand And Two By and Between Building Construction (BC), Department of Management Services, State of Florida, hereinafter called the Agent or BC, and Village of Key Biscayne 85 West McIntyre Street Key Biscayne, Florida 33149 Phone: (305) 365-5500 Fax (305) 365-8936 hereinafter called the Client or Owner. WITNESSETH, that whereas the Agent and Client entered into Agreement on August 10, 1999. for implementing the above described project; that whereas on May 7th 2001, Amendment Number 1 was created to accept the Guaranteed Maximum Price for the Fire and Police Station, and the Agent and Client amended this Agreement to establish that Project Budget; that whereas the Agent and Client now wish to further amend this Agreement to include funding in the amount of $189,058 for Modifications to the First Floor of the Administration/Police Building and that whereas this is the purpose of this Amendment and the work as approved by the Village Council and as set forth below. NOW THEREFORE, the Agent and Client, for the considerations hereinafter set forth, agree to amend the following Articles and Exhibits of the Agreement to read as follows: The Project Budget is amended to Modifications to the First Floor of the Administration/Police Building in the amount of $189,058. The above work is further described and priced as set forth in the Guaranteed Maximum Priced prepared by James A. Cummings and dated April 2, 2002 for Modifications to the First Floor of the Administration/Police Building CLIENTVILLAGE OF KEY BISCAYNE, FLORIDA Attest: By By Village Clerk;; Village Manager Reviewed and Approved for Legal Form and Sufficiency: By Village Attorney AGENT DEPARTMENT OF MANAGEMENT SERVICES As Witnessed: APPROVED: By By Garrett Blanton, Chief of Staff Approved As To Form And Legality: By Office of General Counsel, Department of Management Services The above work is further described and priced as set forth in the Guaranteed Maximum Priced prepared by James A. Cummings and dated XXXXXX for Modifications to the First Floor of the Administration/Police Building CLIENT VILLAGE OF KEY BISCAYNE, FLORIDA Attest: By By Village Clerk Village Manager Reviewed and Approved for Legal Form and Sufficiency: By By Village Attorney AGENT DEPARTMENT OF MANAGEMENT SERVICES As Witnessed: APPROVED: By By Garrett Blanton, Chief of Staff Approved As To Form And Legality: By Office of General Counsel Department of Management Services RESOLUTION NO: 2002-15 A RESOLUTION OF THE VILLAGE COUNCIL. OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO EXECUTE AN AGREEMENT WITH THE ARCHDIOCESE, OF MIAMI, INC. (SAINT AGNES CATHOLIC CHURCH) FOR RECREATIONAL PURPOSE FIELDS; 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 the attached Agreement, on behalf of the Village, with Archdiocese of Miami, Inc. (St. Agnes Catholic Church) for use of the field for recreational purposes. Section 2. That the Addendum to the Lease Agreement, in 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 authorized to take any all action necessary to immediately implement all of the purposes and intent of this Resolution and attached Agreement and are authorized to make revisions to such agreement as are deemed necessary and proper for the best interests of the Village. Section 3. Effective Date. That this Resolution shall be effective immediately from and after adoption hereof. PASSED AND ADOPTED this 19th day of March , 2002. MAYORJOELRASCO CONCBITA H. ALVAREZ, CMC, VILLAGE C APPROVED AS TO FORM AND LEGAL SUFFIC titAA RICHARD JAY WEISS, VILLAGE ATTORNEY NONEXCLUSIVE SPACE USAGE AGREEMENT AND LICENSE This License Agreement (hereinafter the "Agreement") is made this _ day of , 2002, between Archdiocese of Miami, " Ine., a 'Florida ' not for profit corporation, (hereinafter the "Licensor") and the Village of Key' Biscayne, a Florida municipal corporation,(hereinafter the "Licensee "). Licensor hereby licenses to licensee, on a non-exclusive basis, the use of the athletic fields at St. Agnes Catholic Church (hereinafter the "Premises") located in the Village of Key Biscayne, County of Miami -Dade, State of Florida, located at the "followg+adrdres 100 Harbor Drive Key" Biscayne, Florida 33049 1. TERM. Licensor licenses the use of the Premises to Licensee for the following dates and times: commencing upon March " 2002 until one (1) year from such date (the "Term"), with annual renewals as described below, except as this Agreement may otherwise be terminated in accordance with its terms. This Agreement shall automatically renew for one (1)tyear Terms` thereafter until such time as this Agreement is terminated in accordance with its terms: During the Term, Licensee shall be permitted to use the Premises on weekdays after 3:30 p.m. and all day on weekend days, as well ai such other times as Mutually agreed to in writing by the partiessubject to availability. The definition of "Term", shall include all annual renewal terms. 2. USAGE FEES. Licensee shall owe Licensor an annual license fee of $ for use of the Premises. Licensee's use of the Premises shall not constitute a tenancy of any kind, and this Agreement is not a lease. 3 USE OF PREMISES. a. Licensor covenants that it is the owner of the Premises located in Miami -Dade County, Florida, and that said Premises are in good repair and suitable for Licensee's purposes described herein.' Except as may be otherwise provided in this Agreement, during the Term Licensor shall maintain the Premises in good repair and suitable for Licensee's purposes as described herein. b During the Term of this Agreement; the Licensee shall have the non- exclusive use of the Premises, for the following purpose(s): To use the athletic fields for recreational purposes, such as softball games. Notwithstanding the foregoing, while the parties acknowledge and agree that the license granted hereunder is non -exclusive -in nature, during the times designated for use by the Licensee hereunder, Licensee shall have sole and uninterrupted use of the emises. c. Licensee agrees to restrict its use to such purposes, and not to use, or permit the use, of the Premises for any other purpose without first obtaining the consent of the Licensor. Licensor and Licensee acknowledge and agree that Licensee's use of the Premises shall include use of the Premises by members of the general public participating in recreational programs and events administered or sponsored` by Licensee. d. The Licensee covenants and agrees: (i) To Maintain Premises. After each use of the Premises, Licensee will clean up any garbage left on the Premises by Licensee and its agents, servants, invitees, and employees. (ii) Conditions of Premises. To quit and surrender said Premises and all equipment therein to Licensor at the end of said term m'the same condition as the date of the commencement of this agreement, ordinary use and wear thereof only excepted. (iii) Rules and Regulations. To abide by and conform to reasonable rules and regulations from time to time adopted or prescribed by the Licensor, for the governance and management of Premises. (iv) Liability., To save the Licensor harmless from and to indemnify it against any claim or liability for any use arising in connection with the use of the Premises by Licensee, its agents, servants, invitees, and employees. Licensee further agrees to hold Licensor harmless for any injury, loss, or damage to any person or property on the Premises or by virtue of any act, error, or omission of Licensor, whether the same is caused by or results from the carelessness, negligence, or improper conduct of Licensor, its agents or employees. The obligations of Licensor under this paragraph are subject to the provisions and monetary limitations of Section 768.28, Florida Statutes, as amended or superseded. (v) Amounts Due. To pay Licensor on demand any sum which may be due to Licensor for additional service, accommodations, or materials furnished or loaned by Licensor at the actual cost thereof. (vi) Alcoholic beverages. To not cause or allow alcoholic beverages of any kind to be sold, given away, or used upon the Premises except after obtaining the express written consent of Licensor. In such event, Licensee shall possess the necessary liquor license and permit. (vii) Improvements. To make only those' alternations, ,additions, or improvements, in, to, or about the Premises which have been approved in ,advance and in writing by Licensor. (viii) Damage to Premises. (a) To assume full responsibility for the character, acts, and conduct of persons admitted to Premises including damage to any portion of the Premises of any equipment therein; (b) to not injure,' nor mar, nor in any manner deface said Premises or any equipment contained therein, and to not cause or permit anything to be done whereby the said Premises or equipment contained therein, shall be in any manner injured, marred or defaced; and to not drive or permit to be driven nails, hooks, tacks orserews into any part of said building or equipment contained therein and to not make nor allow to be made any alterationsof any kind to said building or equipment contained thereinank to not make nor allow to be made any alternations' of any kind to said building or equipment contained herein; (e)`'that if said Premises or any portion of said building or any equipment contained the°reihdihring`the term of this Agreement shall be damaged by the act, default or negligence of Licensee, or of the )licensee's agents, emoiloiees, pandits', .guests or of'any person admitted to said Premises„' Licensee shall cause the Premises and/or equ tieiit't be retuned to their condition as existed iihmedt'ately prior 'to siiclr*"dautage. The Licensee hefeby assumes full responsibility for the character, acts and conduct of all persons'admitted ''to saittlpremiseslor to any, portion of said building by the consent of the said Licensee or by or with the conseiit of any person acting for or n'behalf of said Licensee.) The obligations of "Licensor under' this paragraph` are subject tome provisions and moi' limitations of Section 768.28, Wraith Statutes, as amended or°superseded. 4. ORDINANCES AND STATUTES. Licensee shall comply with all applicable statutes, ordinances and requirements of all municipal, state and federal authorities now in force, or which may hereinafter be m ' force, pertaining to the Premises, occasioned by of affecting the use thereof by Licensee. - 5. ASSIGNMENT AND SUBLICENSING. `Licensee shall not assign this cement or sublicense any poftdon of the Premises. 6. ENTRY AND INSPECTION. Licensee's use of the Premises is non- exclusive, and Licensor mayenter at any time and for any purpose while Licensee is utilizing the Premises or at any ether time. 7. NUISANCE. Licensee shall not use the Premises for any unlawful purpose or in anyway which will constitute a nuisance or unreasonably interfere with Licensor's use of the Premises. 8. LIABILITY/INDEMNIFICATION OF LICENSOR. Except to the extent caused by the negligent; or willful acts or omissions of Licensor, it is expressly understood aiicbagreed by and between the parties hereto that in no case shall the said Licensor beliable to saki Licensee, or any other person or persons,for any injury, loss and/or damage to any person or property on the Premises or by virtue of any act, error, or omission of Licensee, whether the same is caused by or results from ' the carelessness, negligence, or improper conduct of the Licensee, its agents or employees or otherwise, the said Licensee hereby taking all risk. 9. INDEPENDENCE OF LICENSEE. It isexpressly understood and agreed by and between the parties hereto that Licensee is not owned, operated, sponsored, affiliated, or otherwise under the direction or control of Licensor. Licensor has no authority or control over any aspect of Licensee's operations, except as provided in this , Agreement. Licensee is an entity entirely independent of Licensor related only by the independent contractual terms of this Agreement. 10. WARRANTIES BY THE LICENSOR. It is further expressly understood and agreed by and between the parties hereto that this Agreement does not contain or embody, and shall not be construed to contain or embody and implied covenant, warranty or agreement on the part of the Licensor, and there are no verbal agreements whatever between the Licensor and Licensee, and no agreements nor covenants exist between them except those representations, warranties and agreements expressed in writing in this instrument. 11. INSURANCE. The Licensee, at its cost, shall provide liability coverage ;in the amount of One Million and No Cents ($1,000,000.00) Dollars per occurrence, and Three Million and No Cents ($3,000,000.00) Dollars in the aggregate. All insurance shall be placed with companies admitted to do business in the State of Florida or which shall have an AM Best rating of at least an "A". The =Licensor must be a certificate holder on any policy or insurance purchased by the Licensee in compliance with this Agreement, and it is entitled to receive a copy of any policies of insurance within thirty (30) days of the effective date of the policy. The Licensee shall obtain the insurer's agreement to give not less than thirty (30) days advance notice to the - Licensor before cancellation, expiration or alteration of any policy of insurance. The Licensee agrees to maintain such policies of insurance during the, term of this Agreement, and any failure to do so will constitute a breach of the terms, of the Agreement. Licensor shall be named as an additional insured and said policy will be primary over any other collectible insurance for any liability arising out,. of claims in connection with this Agreement. 12. DEFAULT. If Licensee or Licensor fails to abide by and perform all covenants, stipulations and conditions of this Agreement, the non -defaulting party may, at its option, following ;written notice to the defaulting party specifying the alleged default and failure of the defaulting party to cure the alleged default within thirty days of such notice, terminate and end this Agreement and the license hereby granted, an all rights and interest of the Licensee thereunder forthwith. The forgoing shall be in addition to, and not preclude either party from availing itself of, all rights and, remedies available at law or in equity. 4 13. EXPIRATION. At the expiration or termination of this Agreement, as herein provided, the Licensee will within 24 hours, remove any of Licensee's property located at the Premises. Additionally, Licensee shall surrender Premises in the same condition as when it toolOpossession, ordinary -wear and tear ex fed. I4. ' NOTICES. Any notice which either party may,orais required to give, shall begiven in writing and shall be given by mailing the same, certified mail, return receipt revelled; postage prepaid,'' or by hand delivery, or by overnight courier service, to Licensee -at 'the address, shown below or Licensor at the address shown below, or at such other places as may bedesignated by the parties from time to, time. Notices'^may `aiso' be delivered by facsintllel "declisuelicieticeliiidsb sent by one of thetmethods'm'tli°e preceding sentence/ • t Village;.of Key Biscayne Attn Village Manager ` 85 West.Mclnttyie`Street " Key Biscayne, Florida 33149 Archdiocese of Miami, Inc. clo Very Reverend Jose Luis Hernando, V.F. St. Agnes44Church 100 Harbor Drive Ivey Biscayne, Florida 33149 15. GOVERNING LAW AND VENUE. Agreement shall be governed by the laws of the State of Florida and venue for the enforcement of this -Agreement shall be in Miami -Dade County, Florida. 16.4' SEVERABILITY ` AND ENFORCEABILITY. The terms " of this Agreement are severable, and in the event that any specific term herein is determined to be unenforceable the remainder of the Agreement shall remain in full force and effect.' 17. ENTIRE AGREEMENT: The foregoing constitutes the entire Agreement between the parties and may be modified only by in writing signed by both parties. 'THE REST OF THIS PAGE WAS INTENTIONALLY LEFT BLANK] IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day and year first above written. WITNESSES: Licensor: Archdiocese of Miami, Inc. Print Name: By: Very Reverend Jose Luis Hernando, V.F. Print Name: Licensee: Village of Key Biscayne, a Florida municipal corporation By: Attest: Village Manager By: Village Clerk Approved as to legal form and sufficiency: By: Village Attorney 103001\agreements\non-exclusive space usage agreement and license 3-19-02 6 RESOLUTIONNO." '2002=14 A :RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE AN AGREEMENT ON BEHALF OF THE VILLAGE, WITH LEISURE VISION, INC., A MARKET RESEARCH FIRM; 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 an Agreement, on behalf of the Village, with Leisure Vision, Inc., a market research firm. Section 2. The firm shall conduct a survey with a sample of 400 residents and conduct two focus groups for $20,000 plus expenses. Section 3. Funding of the survey shall be obtained from the Capital Improvement Fund in an amount not to exceed $ 25,000.00, Section 4. That the Agreement, in 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 authorized to take any and all action necessary to immediately implement all of the purposes and intent of this Resolution are authorized to make revisions to such agreement as are deemed necessary and proper for the best interests of the Village of Key Biscayne. Section 5. That Leisure Vision, Inc. shall complete the statistically valid survey of 400 residents and the two focus groups within 60 days of the execution of the contract. Section 6. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 19th day of March , 2002. MAYOR JOEL RASCO ' GONDIIITA'`. Z,EiAGE CT1 APPROVED AS TO FORMAN 1EGAL SUP RIC ARD J. WEISS, VILLAGE ATTORNEY. Contract for Services Between ETC Institute and the Village of Key Biscayne, Florida ARTICLE 1 SCOPE OF SERVICES Overview of Services to Be Performed: ETC Institute will design and administer a community survey to a random sample of 400 residents and conduct two focus groups for the Village of Key Biscayne, Florida II. Maximum fixed fee. The total fee for this contract will not exceed $20,000 plus travel expenses (airfare, car rental, hotel, and meals) not to exceed $5.000. ETC Institute agrees to follow the attached procedures regarding the reimbursement of travel expenses. ETC Institute's responsibilities. The tasks that will be performed by ETC Institute are listed below. The percentage of the contract that will be billed upon completion of each task is provided in parenthesis. 1. conducting two focus groups with residents and stakeholders in the community to help identify the core issues to be included in the survey (20%). 2. finalizing the methodology for administering the survey based on input from the Village of Key Biscayne (5%). 3. designing the survey instrument that is up 15 minutes in length (5%). 4. selecting a random sample of households to be surveyed and setting up the database (5%). 5. testing the survey instrument (5%). 6. completing 400 surveys by phone and/or by a combination of phone and mail if needed (35%). 7. conducting data entry and quality control review for all completed surveys along with complete printouts of the data (5%). providing a preliminary report of the survey results within 60 days of the date of the contract (10%) Page 1•of3 9. completing a summary report with an executive summary, description of the methodology, charts, and tables, analysis and reconunendations within 90 days of the date of the contract (10%). IV. Responsibilities for Village of Key Biscayne, Florida will included the following: approve the survey instrument providing meeting space for the focus groups c. identifying stakeholders in the community who should be included in the focus groups d'. identify requests for subanalysis of the data as appropriate ARTICLE 2 PAYMENT FOR SERVICES 1. Invoices will be submitted upon completion of tasks outlined in Article 1, section Ii1, for amounts not to exceed the Maximum Fixed Fee listed in Article 1, section II. ARTICLE 3 MISCELLANEOUS PROVISIONS 1. Change in Scope. The Scope of Services for this contract shall be subject to modification or supplement upon the written agreement of the contracting parties. Any such modification in the Scope of Services shall be incorporated in this Agreement by supplemental agreement executed by the parties. 2. Termination of Contract This agreement may be terminated by either party upon 14 days written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. 3. Rights to Use the Data ETC Institute has the right to use the data as a component of DirectionFinder benchmarks, but ETC Institute will not release specific results for Village of Key Biscayne, Florida without approval from the Village. Page 2 of 3 IN WITNESS WHEREOF, the parties hereto have caused this agreement to be signed by their duly authorized officers. James P. Ward, Acting Village Manager, Village of Key Biscayne Christopher Tatham, ETC Institute The 2001 Florida Statutes Title X Chapter 112 View, Entire Public Officers, Public Officers And Employees: Chanter Employees, And Records General Provisions, 112.061 Per diem and travel expenses of public officers, employees, and authorized persons.— (1) LEGISLATIVE INTENT. --There are inequities, conflicts, inconsistencies, and lapses in the numerous tars regulating or attempting to regulate travel expenses of publicofficers, employees, and authorized persons in the state. It is the intent of the Legislature: (a) To remedy same and to establish uniform maximum rates, and limitations, with certain justifiable exceptions, applicable to all public officers, employees, and authorized persons whose travel expenses are paid by a public agency. (b) To preserve the standardization and uniformity established by this law: 1. The provisions of this section shall prevail over any conflicting provisions in a general law, present or future, to the extent of the conflict; but if any such general law contains a specific exemption from this section, including a specific reference to this section, such general law shall prevail, but only to the extent of the exemption. 2. The provisions of any special or local law, present or future, shall prevail over any conflicting provisions in this section, but only to the extent of the conflict. (2) DEFINITIONS. —For the purposes of this section, the following words shall have the meanings indicated: (a) Agency or public agency --Any office, department, agency, division, subdivision, political subdivision, board, bureau, commission, authority, district, public body, body politic, county, city, town, village, municipality, or any other separate unit of government created pursuant to law. (b) Agency head or head of the agency --The highest policymaking authority of a public agency, as herein defined. (c) Officer or public officer --An individual who in the performance of his or her official duties is vested by law with sovereign powers of government and who is either elected by the people, or commissioned by the Governor and has jurisdiction extending throughout the state, or any person lawfully serving instead of either of the foregoing two classes of individuals as initial designee or successor. (d) Employee or public employee --An individual, whether commissioned or not, other than an officer or authorized person as defined herein, who is filling a regular or full-time authorized position and is responsible to an agency head. (e) Authorized person -- 1. A person other than a public officer or employee as defined herein, whether elected or commissioned or not, who is authorized by an agency head to incur travel expenses in the performance of official duties. 2. A person who is called upon by an agency to contribute time and services as consultant or adviser. 3. A person who is a candidate for an executive or professional position. (f) Traveler--A,public officer, public employee, or authorized person, when performing authorized travel. (g) Travel expense, traveling expenses, necessary expenses while traveling, actual expenses while traveling, or words of similar nature --The usual ordinary and incidental expenditures necessarily' incurred by a traveler. (h) Common carrier --Train, bus, commercial airline operating scheduled flights, or rental cars of an established rental car firm. (1) Travel day --A period of 24 hours consisting of four quarters of 6' hours each. G) Travel period -A period of time between the time of departure and time of return. (k) Class A travel —Continuous travel of 24 hours or more away from official headquarters. (1) Class B travel --Continuous travel of less than 24 hours which involves overnight absence from official headquarters. (m) Class C travel --Travel for short or day trips wherethe traveler is not away from his or her official headquarters overnight. (n) Foreign travel -Travel outside the United States. (3) AUTHORITY TO INCUR TRAVEL EXPENSES.-- (a) All travel must be authorized and approved by the head of the agency, or his or her designated representative, from whose funds the traveler is paid. The head of the agency shall not authorize or approve such a request unless it is accompanied by a signed statement by the traveler's supervisor stating that such travel is on the official business of the state and also stating the purpose ofsuch travel. (b) Travel expenses of travelers shall be limited to those expenses necessarily incurred by them in the performance of a public purpose authorizedby law to be performed by the agency and must be within the limitations prescribed, by this section. (c) Travel by public officers or employees serving temporarily in behalf'of another agencyor partly in, behalf of more than one agency at the same time, or authorized persons who are tailed upon -to contribute time and 't services as consultants or advisers, may be' authorized by the agency head. Complete exp,lanati on and just ication must be shown on the travel expense voucher or attached thereto; qn. . (d) Trevei expenses of public'eniployees for the sole purpose of taking merit system or other job placement examinations, written or oral, shall not be allowed ,under any circumstances, except that upon prior written approvakolgthek agency orihn or'her designee, candidatesfor executive. Prafes ional,.positions'��may be allowed travel' expenses pursuant to`thls section. (e) The agency head, or a designated representative, may pay by advancement or reimbursement, or a combination thereof, the costs of per diem of travelers and authorized persons for foreign travel at the current rates as specified irk the federal publication "Standardized Regulations (Government Ci iilians Foreign Areas)" and incidental expensesvas provided in this section. (f) A traveler who becomes sick or injured while away from his or her, official headquarters and is therefore unable to perform the official business of the agency may continue to receive subsistence as provided in subsection (6) during this period of illness or injury until such time as he or she is able to perform the official business of the agency. or returns to his or her official headquarters, whichever is earlier. Such subsistence may be paid when -approved iy the agency head or his or her designee. (g) The secretary of the Department of Health or a designee may authorize travel expenses incidental to the rendering of medical services for and on behalf of clients of the Department of Health. The Department of Health may establish rates lower than the maximum provided in this section for these travel expenses.. (4) OFFICIAL HEADQUARTERS. --The official headquarters of an officer or employee assigned to an office shall be the city or town in which the office ij is located except that (a) The official headquarters of a person located in the field shall be the city or town nearest to the area where the majority of the person's work is performed, or such other city, town, or area as may designated by the agency head provided that in all cases such designation must be in the best interests of the agency and not for the convenience of the person. (b) When any state employee is stationed in any city or town for a period of over 30 continuous workdays, such city or town shall be deemed tobe the employee's official headquarters, and he or she shall not be allowed per diem or subsistence, as provided in this section, after the said period of 30 continuous workdays has elapsed, unless this period of time is extended by the express approval of the agency head or his or her designee. (c) A traveler may leave his or her assigned post to return home overnight, over a weekend, or during a holiday, but any time lost from regular duties shall be taken as annual leave' and authorized in the usual manner. The traveler shall not be reimbursed for travel expenses in excess of the established rate for per diem allowable had he or she remained at his or her assigned post. However, when a traveler has been temporarily assigned away from his or her official headquarters for an approved period extending beyond 30 days, he or she shall be entitled to reimbursement for travel expenses at the established rate of one round trip for each 30 -day period actually taken to his or her home in addition to pay and allowances otherwise provided. 1(5) COMPUTATION OF TRAVEL TIME FOR REIMBURSEMENT. --For purposes of reimbursement and methods of calculating fractional days of travel, the following principles are prescribed: (a) The travel day for Class A travel shall be a calendar day (midnight to midnight). The travel day for Class 13 travel shall begin at the same time as the travel period. For Class A and Class 8 travel, the traveler shall be reimbursed one-fourth of the authorized rate of per diem for each quarter, or fraction thereof, of the travel day included within the travel period. Class A and Class B travel shall include any assignment on official business outside of regular office hours and away from regular places of employment when it is considered reasonable and necessary to stay overnight and for which travel expenses are approved. (b) A traveler shall not be reimbursed on a per diem basis for Class C travel, but shall receive subsistence as provided in this section, which allowance for meals shall be based on the following schedule: 1. Breakfast --When travel begins before 6 a.m. and extends beyond 8 a.m. 2. Lunch —When travel begins before 12 noon and extends beyond 2 p.m. 3. Dinner --When travel begins before 6 p.m. and extends beyond 8 p.m., or when travel occurs during nighttime hours due to special assignment. No allowance shall be made for meals, when travel is confined to the city or town of the official headquarters or immediate vicinity; except assignments of officiaibusiness,outside the traveler's regular place of employment if travel expenses are approved. The Comptroller shall establish a schedule for processing Class C travel subsistence payments at least on a monthly basis. (c) For the 2001-2002 fiscal year only and notwithstanding the other provisi'onssof this subsection, for Class C travel, a state traveler shall not be reimbursed on a per diem basis nor shall a traveler receive subsistence allowance. This: a ra h; i ]ul 1 2002. 1?ar 9 � exQ reSra y- r 4e 1(6) RATES OF PER DIEM AND SUBSISTENCE ALLOWANCE. --For purposes of reimbursement rates and methods of calculation, per diem and subsistence allowancesare divided intothe following,, groups and rates: (a) Alt travelers shall be allowed for subsistence when traveling to a convention oriconferenceor when traveling within or outside the state in order to conduct bonafide state business,, whichconvention, conference, or hustnessservesa direct and lawfulpublic purpose.with relation to the; public agency?served� by' the.-; person attending suchemeetting or conducting such business<..sae`ither of the'foilowing for each day of such travel"at the option of the traveler:' 1. Fifty dollars per diem; or, 2. If actual expenses exceed $50, the amounts permitted in paragraph (b) for meals, plus actual expenses for lodging at a single -occupancy rate to be substantiated therefor. When lodging or$meals;are provided at a state institution, the traveler shall be reimbursed only for the actual expenses of such lodging or meals, not to exceedk e'nax m'provided for in this subsection. (b) Alf travelers shall' be allowed the following amounts for subsistence while dry Class f travel on official business asprovided in paragraph (5)(b): 1. Breakfast. $3 2. Lunch ...:.. $6 3. Dinner $12 (c) No one, whether traveling out of state or in state, shall be reimbursed for any meal or lodging included in a convention or conference registration fee paid by the state. (d) For the 2001-2002 fiscal year only and notwithstanding the other provisions of this subsection, for Class C travel, a state traveler shall not be reimbursed on a per diem basis nor shall a traveler receive subsistence allowance. This paragraph expires July 1, 2002. (7) TRANSPORTATION. -- (a) All travel must be by a usually traveled route. In case a person travels by an indirect; route for his or her own convenience, any extra costs shall be borne by the traveler, and reimbursement for expenses shall be based only on such charges as would have been incurred by a usually traveled route. The agency head or his or her designee shall designate the most economical method of travel for each trip, keeping in mind the following conditions: 1. The nature of the business. 2. The most efficient and economical means of travel (considering time of the traveler, impact on the productivity of the traveler, cost of transportation, and per diem or subsistence required). When it is more efficient and economical to either the traveler or the agency head, jet service offered by any airline, whether on state contract or not, may be used when the cost is within an approved threshold determined by the agency head or his or her designee. 3. The number of persons making the trip and the amount of equipment or material to be transported. (b) The Department of Banking and Finance may provide any form it deems necessary to cover travel requests for traveling on official business and when paid by the state. (c) Transportation by common carrier when traveling on official business and paid for personally' by the traveler, shall be substantiated by a receipt therefor. Federal tax shall not be reimbursable to the traveler unless the state and other public agencies are also required by federal law to pay such tax. In the event transportation other than the most economical class as approved by the agency head is provided by a common carrier on a flight' check or credit card, the charges in excess of the most economical class shall be refunded by the traveler to the agency charged with the transportation provided in this manner. (d)1. The use of privately owned vehicles for official travel in lieu of publicly owned vehicles or common carriers may be authorized by the agency head or his or her designee. Whenever travel is by privately owned vehicle, the traveler shall be entitled to a mileage allowance at a fixed rate of 25 cents per mile for state fiscal year 1994-1995 and 29 cents per mile thereafter or the common carrier fare for such travel, as determined by the agency head. Reimbursement for expenditures related to the operation, maintenance, and ownership of a vehicle shah not be allowed when privately owned vehicles are used on public business and reimbursement is made pursuant to this paragraph, except as provided in subsection (8). 2. All mileage shall be shown from point of origin to point of destination and, when possible, shall be computed on the basis of the current map of the Department of Transportation. Vicinity mileage necessary for the conduct of official business is allowable but must be shown as a separate item on the expense voucher. (e) Transportation by chartered vehicles whentraveling,on official business may be authorized by the agency head when necessary -or where it is to the advantage of the agency, provided the cost of such transportation does not' exceed the cost of transportation by privately owned vehicle pursuantto paragraph (d). (f) The agency head or his or her designee may grant monthly allowances in fixed amounts for use of privately owned automobiles on official business in lieu of the mileage rate provided in paragraph (d). Allowances granted pursuant to thisparagraph shall be reasonable, taking into account the customary use of the automobile, the roads customarily traveled, and ' whether. any of the expenses incident to the operation, maintenance, and, ownershp=ofthe automobile arepaid from funds of the agency or other public funds. Such allowance maybe changed at any time, and'shaii be made on, the basis of a signedstatement of the traveler, fled before the al ante is granted or changed, and at least annually thereafter. The statement shall show the places`and distances for an average typical month's travel on official business, and theamount that would be allowed under the approved rate per mile for the travel shown in the statement, if payment had been made pursuant to paragraph (d). 1 (g) No contract may be entered into between a public officer, or employee, or anykotherperson, and a public agency, in which a depreciation allowance is used lii computing the amount due'by the°agency to the individual for the use oft privately' owned vehicle on officialbusiness; provided, any such existing contract shall not,be Impaired; (h) No traveler shall be allowed either mileage or transportation expense when.,tgratuitously transported by another person or when transported by another traveler Who is entitled to mileage or transportation expense. However, a traveler on a private aircraft shall be reimbursed the actual amount charged and paid for the fare for such transportations up to the cost of a commercial airline ticket for the same flight, even though the owner or pilto} th aircraft is alsosentitled id transportation expenses Mr the same ot of , d 4 Nw. 1, 4, { .` a E . I flight! t rtcler thts"subsection (a) The following incidental travel expenses of the traveler may be reimbursed: 1.,Taxi fare. 2. Ferry fares; and bridge, road, and tunnel tolls. 3. Storage or parking fees. 4. Communication expense. 5. Convention registration fee while attending a convention or conference which will serve a direct public purpose with relation to the public agency served by the person attending such meetings. A traveler may be reimbursed the actual and necessary fees for attending events which are not included in a basic registration fee that directly enhance the public purpose of the participation of the agency in the conference. Such expenses may include, but not be limited to, banquets and other meal functions. It shall be the responsibility of the traveler to substantiate that the charges were proper and necessary. However, any meals or lodging included in the registration fee will be deducted in accordance with the allowances provided in subsection <(6). (b) Other expenses which are not specifically authorized by this section may be approved by the Department of Banking and Finance` pursuant to rules adopted by it. Expenses approved pursuant to this paragraph shall be reported by the Department of Banking and Finance to the Auditor General annually. (9) RULES AND REGULATIONS. -- (a) The Departrnent of Banking and Finance shall promulgate such rules and regulations, including, but not limited to, the general criteria to be used by a state agency to predetermine justification for attendance by state officers and employees and authorized persons at conventions and conferences, and prescribe such forms as may be necessary to effectuate the purposes of this section. The department may also adopt rules prescribing the proper disposition and use of promotional items and rebates offered by common carriers and other entities in connection with travel at public expense; however, before adopting such rules, the department shall consult with the appropriation committees of the Legislature. (b) Each state agency shall promulgate such additional specific rules and regulations and specific criteria to be used by it to predetermine justification for attendance by state officers and employees and authorized persons at conventions and conferences, not in conflict with the rules and regulations of the Department of Banking and Finance or with the general criteria to be used by a state agency to predetermine justification for attendance by state officers and employees and authorized persons at conventions, as may be necessary to effectuate the purposes of this section. (10) FRAUDULENT CLAIMS. --Claims submitted pursuant to this section shall not be required to be sworn to before a notary public or other officer authorized to administer oaths, but any claim authorized or required to be made under any provision of this section shall contain a statement that the expenses were actually incurred by, the traveler as necessary travel expenses in the performance of official! duties and shall verified by a written declaration that it is true and correctas to every material matter; and any person who willfully makes and subscribes any such claim which herhdoes.not believe to be,true and correct as to every material Matter/al eoes. dillfully aids or assists" rn, or'pr©curesfebunsels or advises the preparatio i or presentation undei provisions of thissection of a claim which is fraudulent or is faire a to any material matter,• whether or riot su i f`a r or fraud'is ith the knowledge=or consent of>the person thorized or"equired :tc prese t such clam, is guilty of a misdemeanor of or e Bond required to present such claim, is guilty of a misdemeanor of :he second degree, punishes e s provided s 775.082 or.s..: 083. shall receive "an allowance orreimbursement by means of a false Bali be civilly liable in tlre' amo t of the �rrrerpayment for the Public;ei d (11) TRAVEL AUTHORIZATION AND VOUCHER FO (a) Authorization forms -The Department of`Banking }and Finance shall furnish a uniform travel authorization'regtiest form which shall be used by all state¢'offrcers-and employees°and" authorized$persons when requesting approval for the performance of travel to¢¢a'convention or conference. The: form shall include, but not be limited to, provision for the name of each traveler, purpose of travel, period of travel, estimated cost to the state, and a statement of benefits accruing to the state`bby virtue ofeiich"travel.'A copy of tbe;program or agenda of the convention or conference, itemizing regi3Gat on fees and`an y meals or• lodgi`iTg included in theregistration fee, shall be attached to, and filed with; the copy of the travel authorization request form on file with theeagency . The form shall° be signed by the traveler and by the traveler's sepervisbr Stating that the travel is �to;;be incurred'in connectiion'With of iciai busines5of the state; The=head of the agency or his or her designated tepresen'tative shall not-atithorizeor approve such request in the absenceafthe approptiate sign • . A copy of the travel authorization form shall be'attached to, and,;be c , to part of, the'su'pport of the agency'scat* of4he ttravel vouch,: r 4 (b) Voucher farms. -- 1. The Dep'artmen't of Banking and"Finance shall furnish a uniformktravel voucher form which shall be"used by all state officers and employees and authorized persons when` submitting travel expense statements for approval and'payment. "No travel expense statement shall be approved for payment' by the'Comptro der unless made^on'the form prescribed and furnished by the department.lhetravel voucher form shaliprovidefor, among other things, the purpose of the official travel and a certification or affirmation, to be signed by the traveler, indicating the truth and correctness of the claim in every material matter, that the travel expenses were actually incurredby the traveler as necessary in the performance of official duties, that per diem claimed has been appropriately reduced for any meals or lodging included in the convention or conference registration fees claimed by the traveler, and that the voucher conforms in every respect with the requirements of this section. The original copy of the executed uniform travel authorization request form shall be attached to the uniform travel voucher on file with the respective agency. 2. Statements for travel expenses incidental to the rendering of medical services for and on behalf of clients of the Department of Health shall be on forms approved by the Department of Banking and Finance. (12) ADVANCEMENTS. --Notwithstanding any of the foregoing restrictions and limitations, an agency head or his or her designee may make, or authorize the making of, advances to cover anticipated costs of travel to travelers. Such advancements may include the costs of subsistence and travel of any person transported in the care or custody of the traveler in the performance of his or her duties. (13) DIRECT PAYMENT OF EXPENSES BY AGENCY. --Whenever an agency requires an employee to incur either Class A or Class B travel on emergency notice to the traveler, such traveler may request the agency to pay his or her expenses for meals and lodging directly to the vendor, and the agency may pay the vendor the actual expenses for meals and lodging during the travel period, limited to an amount not to exceed that authorized pursuant to this section. In emergency situations, the agency head or his or her designee may authorize an increase in the amount paid for a specific meal, provided that the total daily cost of meals does not exceed the total amount authorized for meals each day. The agency head or his or her designee may also grant prior approval for a state agency to make direct payments of travel expenses in other situations that result in cost savings to the state, and such cost savings shall be documented in the voucher submitted to the Comptroller for the direct payment of travel expenses. The provisions of this subsection shall not be deemed to apply to any legislator or to any employee of the Legislature. History.--ss. 1, 3, ch. 22830, 1945; ss. 1, 2, 3, ch. 23892, 1947; ss. 1, 3, ch. 25040, 1949; ss. 1, 3, ch. 26910, 1951; s. 1, ch. 28303, 1953; s. 1, ch. 29628, 1955; s. 1, ch. 57-230; s. 1, ch. 61-183; 5. 1, ch. 61-43; s. 1, ch. 63- 5; s. 1, ch. 63-192; s. 1, ch. 63-122; s. 1, ch. 63-400; ss. 2, 3, ch. 67-371; ss. 1, 2, ch. 67-2206; s. 1, ch. 69-193; s. 1, ch. 69-381; ss. 12, 23, 31, 35, ch. 69-106; s. 65, ch. 71-136; s. 1, ch. 72-213; s. 1, ch. 72-217; s. 1, ch. 72- 324; s. 26, ch. °72-404; s. 1, ch. 73-169; s. 1, ch. 74-15;- s. 1, ch. 74-246; s. 1, ch. 74-365; ss. 1, 2, ch. 75-33; s. 1, ch. 76-166; s. 2, ch. 76-208; ss. 1, 2, ch. 76-250; s. 1, ch. 77-174; s. 1, ch. 77-231; ss. 1, 2, ch. 77-437; s. 2, ch. 78-95; s. 51, ch. 79-190; s. 1, ch. 79-205; s. 1, ch. 79-303; s. 1, ch. 79-412; ss. 1, 2, ch. 81-207; ss. 1, 2, ch. 83-307; s. 1, ch 85-140; s. 1, ch. 87-407; s. 4, ch. 88-235; s. 12, ch. 89-291; s. 18, ch. 91-45; s. 1, ch. 94-139; s. 1403, ch. 95-147; s. 26, ch. 95-312; s. 5, ch. 96-310; s. 43, ch. 96-399; s. 23, ch. 98-136; s. 9, ch. 99-8; s. 7, ch. 99-155; s. 16, ch. 99-399; ss. 48, 53, ch. 2001-254. 1Note.--; A. Section 48, ch. 2001-254, amended subsections (5), and (6) "[lib order to implement sections 2-7 of the 2001-2002 General Appropriations Act. Some appropriations within this range were vetoed. See ch. 2001-253, the 2001-2002 General Appropriations Act. B. Section 53, ch. X20001-254, provides that"[a] section of this act that implements a specific appropriation or specifically identified proviso language in the 2001-2002 General Appropriations Act is void if the spec appropriation or specifically ,ictentiled proviso language is vetoed. A section of this act that' implements, more than one specific appropriation or more than oneportion..of specifically;identified proviso language in the 2001.- 2002 Gen alcAppropriationsAct is voil if all the specific appropriations or portions of specifically identified proviso language' are vetoed." Not all specific appropriations or portions of specifically identified proviso language relating to the amendment of s. 112.061(5) and (6) were vetoed. 1.�e`aisle tors "4 z ormat�'ion•Center • ►bbvist~lnformation RESOLUTION NO. 2002-13 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE SECOND ADDENDUM TO THE LEASE AGREEMENT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village Council and the owner of property at 200 Crandon Boulevard have entered, in accordance with Resolution 2001-56 adopted by the Village Council on August 20, 2001, into a lease that permits the construction of playing fields and a parking lot on the subject property. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. Recitals Adopted. The recitals stated above are hereby confirmed and adopted. Section 2. That the Second Addendum to the Lease Agreement, in 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 authorized to take any all action necessary to immediately implement all of the purposes and intent of this Resolution and attached Lease Agreement and are authorized to make revisions to such agreement as are deemed necessary and proper for the best interests of the Village. Section 4. Commencement Date. The provisions of the Addendum to Lease Agreement relating to Section 1.2 of the Lease are hereby deleted in their entirety and replaced by the following: "It is understood by both parties that the time is of the essence regarding the "Commencement Date"/ "Commencement Date" is defined as the date of substantial completion of the improvements (as defined) but not to exceed beyond May 1, 2002. After that date, this Lease shall be considered null and void in its entirety". Section 4. Effective Date. That this Resolution shall be effective immediately from and after adoption hereof PASSED AND ADOPTED this 5th day of March , 2002. T: Ct CHITA H. ALVAREZ, CIVIC, VILLAG MAY(R DE -RAS APPROVED AS TO FORM AND LEGAL SUF RICH JAY WEISS, VILLAGE ATTORNEY 2 SECONDADDENDUMTO LEASE AGREEMENT THIS SECOND ADDENDUM TO LEASE AGREEMENT (this "Second Addendum") is made and entered into as of the day of7A,Gur.,k4 2002 by and between 1r.SAURUS HOLDINGS, INC., a Florida corporation, whose mailing address is 240 Crandon Boulevard, Suite. 212, Key Biscayne, Florida 33149 ("Landlord") and the VILLAGE OF KEY BISCAYNE, a Florida municipal corporation, whose mailing address is 85 West McIntyre Street, Key Biscayne, Florida 33149 ("Tenant"). RECITALS 1. Landlord and Tenant entered into that certain Lease Agreement dated August 17, 2001, as amended by that certain Addendum to Lease Agreement dated October 5, 2001 (the Lease Agreement and the Addendum to Lease Agreement are hereinafter referred to as the "Lease"). 2. Landlord and Tenant desire to amend the Lease as set forth in this Second Amendment. NOW, THEREFORE, in consideration of the rents and agreements set forth herein, and intending to be legally bound hereby, Landlord and Tenant agree as follows: 1. Second Addendum Controls. In the event of any conflict between this Second Addendum and the Lease, it is agreed that this Second Addendum shall control. 2. This Lease. All references herein to "this Lease" shall include this Second Amendment. 3. Commencement Date, The. provisions of the Addendum to Lease Agrceancnt relating to Section 1.2 of the Lease are hereby deleted in their entirety and replaced by the following: "It is understood by both parties that time is of the essence regarding the "Commencement Date." "Commencement Date" is defined as the date of Substantial Completion of the Improvements (as defined) but not to exceed beyond May 1, 2002. After that date, this Lease shall be considered null and void in its entirety." 4. Ratification. Except as modified by this Second Addendum, the Lease remains in full force and effect between the parties. Reference is made to that certain letter from Ellen Blasi to San Kissinger dated February 15, 2002, and that certain letter from Steven W. Zelkowitz to Ellen Blasi dated February 19, 2002 (collectively, the 'Correspondence"). The parties hereby revoke, rescind and cancel the Correspondence and any purported termination of the Lease associated therewith. 711 M 'ON XHd WV 99:60 189 ZO0E-10-NVW RESOLUTION NO. ' 2002-12 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF' KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO SPEND FEDERAL ASSET SHARING REVENUE FROM THE U.S. GOVERNMENT TO PURCHASE CERTAIN POLICE EQUIPMENT AND FURNISHINGS AS OUTLINED BELOW; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Police Department just received in excess of $730,000 from the "Asset Sharing" fiom the U.S. Treasury Department, the U.S. Justice Department and the State of Florida; and WHEREAS, these monies are the result of the seized assets from joint investigations between our Key Biscayne Police Department and Federal Investigative Agencies and not from tax revenue; and WHEREAS, these expenditures are from said federally forfeited properties; these police department needs can be satisfied at no cost to our residents; and WHEREAS, there is a need for the listed furnishings and equipment for the Police Department. 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 items herein listed for a total expenditure of $670,000. Section 2. That these expenses shall be charged to the asset sharing fund. Section 3. This resolution shall be effective immediately upon adoption. PASSED AND ADOPTED this 5th day of March , 2002. HITA H. ALVAREZ, CMC, VILLA APPROVED AS TO FORM AND LEGAL SUFF RIC JAY WEISS, VILLAGE ATTORNEY MAYOR JOE I. RASCO Memo Village of Key Biscayne Police Department To: C. Samuel Kissinger, Village Manager From: Michael J. Flaherty, Chief of Police Date: 02/27/02 Re: "Sharing Monies Should not be Retained Unnecessarily — Suggested Spending of Certain Funds" A Guide to Equitable Sharing of Federally Forfeited Property for State and Local Law Enforcement Agencies, from the United States Department of Justice provides regulations and specifies how these funds may be spent, as well as how they may not be spent by local government. Currently we have over $590,000 in federal assets and over $130,000 in the Florida State Law Enforcement Trust Fund for a total in excess of $720,000 on hand from seizures involving joint law enforcement investigations. Two Key Biscayne police detectives work with federal law enforcement agencies and continue to provide the Law Enforcement Seized Assets Funds with an ongoing revenue stream. During February 2002, we received $57,497.18 from joint seizures, These funds belong to the Village of Key Biscayne government and not to the police department. However, the federal guidelines are very restrictive in how these monies can be spent. The monies can only be spent for law enforcement uses and not general government. "Permissible Uses" include activities like: • Support of Jnvestigations, primarily where additional seizures can be made • Law Enforcement Training • Law Enforcement Equipment and Operations •Pagel 3. Mobile data terminals for police cars (also involves a $7,211 grant) $16,521.00 4. Protective body armor for police officers (also involves a $4,400 grant) $6,200.00; 5. Drug Abuse Resistance Educational Program Police Van (involves required state expenditure and insurance funding) $19,342.00 6. Computer equipment for new dispatch area and officer work stations $23,547.00 B. Law Enforcement Facilities and Equipment 1. File cabinets, copying equipment and fax machine "for police records storage and retrieval system $8,221.00 2. Furniture for police portion of new facility $49,160.00 3. Furniture and equipment for police emergency operations center — training and community room $19,737.00 4. Lockers for police officers $18,243.00 5. Police radio antennas and wiring for police radio base station $5,800.00 Sub -Total of Expenditures $203,230.40 The Police Department has worked very hard to generate and save money over the pact five years in order to off -set the overall cost of a police facility. We were allowed to "bank" these monies rather than spending them as required during a general two year window, in order to have the money for new and replacement equipment, furniture and to save the tax payers a sizeable amount in the actual cost of the construction of the new police station. Therefore, I would recommend that we leave $25,000 in each of the federal and state funds and direct the balance of approximately $466,769.00 to off -set the cost of the new police station. • Page 3 MEMO O F F I C E To: C. Samuel Kissinger'� From: Chief Flaherty ' Subject: Bio-Chemical / Pro ective Garments Date: February 27, 2002 Lt. Capone has researched and attended training in the area of weapons of mass destruction, and first responder responsibilities regarding a possible bio-chemical scenario. After consulting with our fire department, he has recommended the following personal protection gear for all police officers. Tyvek Saranex coveralls with hood, elastic wrists,booties, Solvex Nitrile gloves and Promask gas mat with bio-chemical breathing canisters. The total expenditure for this officer safety equipment is $4,915.65. We are recommending that the funds for this personal safety equipment come out of the federally seized asset fund: MEMO (I) 0 FF t C E To: C. Samuel Kissinger Village Manager From: Michael 7. Flaherty Chief of Police Subject: Mobil Data Terminals Date: February 27, 2002. In an effort to bring greater technology to the detectives we currently have assigned to various drug and money laundering task forces, as well as officers assigned to our patrol division we propose to purchase a total of eight (8) Mobile Data Terminals. Mobile Data Terminals consist of computer equipment designed to be used in the officer's vehicle. The MDT utilizes a wireless aircard to send messages to a main location (in this case a partnership with the Aventura Police Department) so that crime information networks may be entered by the officer in his vehicle. In this manner all sorts of criminal and traffic information may be obtained without going through conventional police channels we must now use. A larger variety of information will be at the officer's disposal while he is in the field: This will eliminate the frequent trips made into the police station and the long waits there while the information is accessed. Many County and Municipal police agencies, including Miami -Dade Police Department, Hialeah Police Department and Miami Shores Police Department are already using this technology. We know that having the technology necessary to obtain immediate information from various networks, such as FCIC 2000 and NGIC, as well as tag and drivers' license checks in the field will increase the effectiveness and the safety of the patrol officers. We have found that this information is not always accessible by more conventional police means such as police radios and teletype information. The Police Department has been approved for a federal grant in the amount of $7,211 from the Local Law Enforcement Block Grant Program in order to purchase this equipment. The cost of 8 terminals (complete with one year oftelephone service and a one time installation fee) is $23,732. We propose to take the remaining purchase price of $16, 521 from the Federally Seized Asset Fund. This amount will represent our cash match for the federal grant. 0 MEMO O F F I C E To: C. Samuel Kissinger Village Manager From: Michael J. Flaherty Chief of Police Subject: Purchase of a D.A.R.E. Vehicle Date: February 27, 2002 Florida State Statutes 932.7055 states, in part, that every fiscal year a law enforcement agency is required to spend no less than 15% of the proceeds of state forfeiture funds to support drug prevention, crime prevention, safe neighborhood or school resource officer programs. The statute provides that these funds may not be used to meet normal operating expenses of the law enforcement agency. Therefore, in order to comply with the statute, we are proposing the purchase of a 2002 Dodge Caravan to be outfitted and specially painted for the DARE. Program. As you know, the D.AR.E. (Drug Abuse Resistance Education) Program is taught to all students within all the schools in the Village. In additional, the DARE./School Resource Officer also runs an after school D.AR.E. Club for 5th Graders. The Officer also presents our crime prevention programs. The total cost for this vehicle is $30,636. We will receive a total of $11, 294 as the insurance payment for the patrol vehicle totaled in a crash in early January. We are required to spend $12,553 which represents 15% of the proceeds of our State forfeiture fund. We would recommend that the remainder of the cost for the new D.ARE. Van, $6,789 also be taken from the State forfeiture fund for a total of $19,342. MEMO O F F I C E To: C. Samuel Kissinger Village Manager From: Michael 7. Flaherty Chief of Police Subject: Police Records Storage Date: February 27, 2002 Police records are currently stored in multiple filing cabinets and cardboard boxes tucked into every square inch possible. We have determined that in order to store these records correctly, we will need to purchase additional filing cabinets of various dimensions. Nine (9) filing cabinets may be purchased for a total of $5,861. Werecommend that funding for these cabinets come from the federally seized asset fund. 0 Memo To: From: Date: Re: Village of Key Biscayne Police Department C. Samuel Kissinger, Village Manager Michael J. Flaherty, Chief of Pol 02/27/02 Furniture for Emergency Operations Center, Police Training and Community Room The following is a list of the furniture needed for the Emergency Operations Center, Police Training and Community Room. • 40 stacker chairs • 12 folding tables • 1 self-contained podium with public address system • 4 ceiling mounted speakers and installation • 1 ceiling mounted audio/visual projector, LCD system, DVD & two TVs • 2 white board presentation enclosures • 1 slide projection unit • 1 portable table on coasters with AC power • 2 door lockers for video equipment • 9 ceiling fans fimd. $3,683.00 $3,000.00 $1,600.00 $725.00 $6,674.00 $800.00 $225.00 $175.00 $1,055.00 $1,800.00 TOTAL $19,737.00 We recommend that the funds for these items be taken from the federally seized asset MEMO (z) O F F I C E To: C. Samuel Kissinger Village Manager From: Michael J. Flaherty Chief of Police Subject: Police Radio Antennas and Wiring Date: February 27, 2002 Mr. Michael Cruse has received estimates on the purchase and installation of two radio antennas for our dual radio systems at the new police station. The cost of wiring, installation and the two antennas is approximately $5,800. This installation needs to be completed prior to moving into the new station. We can then unplug the current radio system in the old building and plug them in at the new station and be out of service for just over one hour. We recommend that this expenditure be taken out of the federally seized asset fund. 0 RESOLUTION NO. 2002-11 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; COMMENDING THE MEMBERS OF THE BUILDING REVIEW COMMITTEE FOR THEIR COMMITMENT AND EXPRESSING APPRECIATION FOR THEIR DEDICATION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Building Review Committee was established by the Village Council on January 15, 2002; and WHEREAS, the committee was charged with the task of reviewing the current space allocations in the Police/Administration Building and the Fire Station and make recommendations for changes, if any, to the Village Council; and WHEREAS, on February 12, 2002, the committee submitted to the Village Council a final written report unanimously adopted. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS: Section 1. That the Village Council commends the members of the Building Review Committee for their commitment and expresses appreciation for their dedication to the Village and its residents. Section 2. A copy of this resolution shall be presented to each member of the committee as listed on Exhibit A. Section 3. This resolution shall be effective immediately upon adoption. PASSED AND ADOPTED this 5th day of March , 2002. ST: MAYOR JOE I. ' CO CONCHITA H. ALVAREZ, CMC, VILLA APPROVED AS TO FORM AND LEGAL SUF AA JAY WEISS, VILLAGE ATTORNEY ':I EXHIBIT A MEMBERS OF THE BUILDING REVIEW COMMIU FEE Carol Diaz -Castro Chair Ed Easton Vice -Chair Peter Harrison Secretary Deborah de Leon Henry Groschel-Becker RESOLUTION NO. 2002-10 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AMENDING THE AGREEMENT WITH SPILLIS, CANDELA, AND PARTNERS INC. FOR ADDITIONAL DESIGN SERVICES RELATING TO CHANGES IN THE FLOOR PLANS IN THE ADMINISTRATION/POLICE BUILDING AS RECOMMENDED BY THE BUILDING REVIEW COMMITTEE AND : APPROVED BY THE VILLAGE COUNCIL; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Building Review Committee recommended and the Council approved changes to the floor plans in the Administration/Police Building subject to a cost not to exceed $200,000; and. WHEREAS, in order to determine the cost of the proposed work, it is necessary to prepare architectural and engineering plans; and WHEREAS, Spillis, Candela, and Partners Inc. has provided a fee schedule and maximum price of $24,475 to prepare the architectural and engineering plans; and WHEREAS, the State of Florida Department of Management Services has reviewed the fee schedule and recommends approval subject to a maximum fee of $24,475 based on the hourly rate schedule provided by Spillis, Candela, and Partners, Inc. NOW, THEREFORE BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS: Section 1. That the attached Amendment to the Agreement with Spillis, Candela, and Partners, Inc., in 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 authorized to take any and all actions necessary to immediately implement all of the purposes and intent of this Resolution and attached Agreement. Section 2. That the total fee shall not exceed a maximum of $24,475 based on the hourly rates as provided in the attached schedule. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED thig 3day of , , 2002. MAYOR JOE I. RASCO T A'If,'AfvAREZ APPROVED AS TO FORM AND LEG Ott.`k ".F.7, 404 JAY WEISS, VILLAGE: ATTORNEY 11 RESOLUTION NO. 2002-9 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; APPROVING THE GUARANTEED MAXIMUM PRICE (GMP) .. AND AUTHORIZING THE CONSTRUCTION OF PHASE 2 SITE AND SITE INFRASTRUCTURE WORK FOR THE CIVIC CENTER; PROVIDING THAT THE SPENDING AUTHORITY AS SET FORTH IN THE VILLAGE'S AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF MANAGEMENT SERVICES IS AMENDED TO CORRESPOND WITH THE GUARANTEED MAXIMUM PRICE OF THE SITE AND SITE AND SITE INFRASTRUCTURE WORK; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Agreement between the Village and James A. Cummings Inc. provides for the establishment of a Guaranteed Maximum Price (GMP) for the Civic Center buildings and related infrastructure; and WHEREAS, on January 29, 2002 the Village Council approved Resolution No. 2002-2 which authorized the expenditure of funds and commencement of construction for work that is below grade; and WHEREAS, it now necessary to complete work that is above grade and approve the attached Guaranteed Maximum Price (GMP) for Phase 2 of the Site and Site Infrastructure work in order to provide for pedestrian and vehicular access to the Administration/Police Building and Fire Station that is required for the Cc tificate of Occupancy; and WHEREAS it is now necessary to approve Phase 2 of the Site and Site Infrastructure work that is associated for the lighting, irrigation, streets, and related work as set forth in the attached Guaranteed Maximum Price (GMP), which it is necessary to provide ; and WHEREAS, it is the opinion ofthe Village Attorney that, Village Green Way from McIntyre Street north to the traffic circle and Village Green Way from the traffic circle must be connected to that portion of Village Green Way which was built by SunTrust Bank and is required to be constructed pursuant to the terms and conditions that were set forth in the Declaration of Easements, Covenants, and Restrictions that are part of the purchase and sale agreement between the Village and SunTrust Bank; and WHEREAS, James A. Cummings Inc. has submitted the attached Guaranteed Maximum Price (GMP) which completes the infrastructure for Phase 2 of the Site and Site Infrastructure Work for the Civic Center. 1 NOW, THEREFORE BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS: Section 1. Recitals. Each of the above recitals is adopted and confirmed Section 2. GMP. That Guaranteed Maximum Price (GMP), as set forth in the attached February 8, 2002 report from fames A. Cummings, Inc. for the Phase 2"Site>and Site Infrastructure Work (the"Work) is hereby approved`for Iocations shown in the attached illustration and at prices indicated'below,' t' ' Areas 1, 2,;3, and 5 at a'price of S1,433,035: Construction shall not begin on that portion of Area 1 on McIntyre Street from Fernwood Road to Crandon Boulevard and along the Crandon. Boulevard right ofway untilthe Vane dbtams permits for the work in the Miami -Dade County right of way along'Ck"aadd'Boulev°ard 2. " Areas 4 and 6 at a price of $365,138. This work will commence at the time the Village Council authorizes the construction of the Recreation Center. 3. The 32 parking spaces along Fernwood Road (15 spaces) and McIntyre Street (17 spaces, including 3 handicap) will be removed from the plans and replaced with landscaping. However, the design of this landscaped area shall accomnnodate the construction of parking spaces parking spaces should the Council wish to proceed in this manner. It is acknowledged that the removal of 32 parking spaces will have a negative impact on traffic, circulation and be an inconvenience to citizens. Further, that there will be insufficient parking spaces to meet the Civic Center parking requirements if they are not ieilaced in or within close proximity of the Civic venter. Prior -to thedemolition of present Village Hall and the parking spaces on that site, the Village Council shall develop a plan that will address the 32 parking space deficit. 1. Section 3. GMP Plans. That the Guaranteed Maximum Price (GMP) for the work referenced in Section 2 above is based on the attached plans (the "Plans) prepared by Spillis Candela DMJM for the Phase 2 Site and Site Infrastructure Work, which is hereby approved. Section 4. Construction Authorized. That the Village Manager is hereby directed to proceed with the construction work as described in Section 2 and 3 above; however, the construction of work that is above grade in the McIntyre Street and Crandon Boulevard right of way shall not commence until such time as Miami -Dade County has approved the permits for such work. Section 5 DMS Authority; Agreement Amended. That the spending authority as set forth in the Village's Agreement with the State of Florida Department of Management Services is hereby amended to correspond with the Guaranteed Maximum Price (GMP) for the above described Work in accordance with the contract amendments attached thereto. 2 Section 6. Authority. That the Village Manager and the Village Attorney are authorized to take any and all action necessary to implement this Resolution. Section 7. That this resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 12th day of February , 200p„ --- A H. ALVAREZ, CMC, VILLAGE CLE APPROVED AS TO FORM AND LEGAL SUFFICIEN RIC JAY WEISS, VILLAGE ATTORNEY 3 MAYOR JOE I. RASCO VILLAGE OF KEY BISCAYNE VILLAGE CIVIC CENTER SITE & SITE INFRASTRUCTURE WORK GUARANTEED MAXIMUM PRICE FEBRUARY 8, 2002 Cummi Ge Contractors James A. Cummings, Inc. 3575 Northwest 53rd Street Fort Lauderdale, FL 33309 Phone: 954-733-4211 Fax: 954185-9688 Website: www jamesacummings.co m V February 8, 2002 Village of Key Biscayne 85 West McIntyre Street Key Biscayne, Florida 33149 Attn: Mr. Sam Kissinger, Village Manager Re: Village Civic Center, Site & Site Infrastructure Work (Without FP&T Costs) Guaranteed Maximum Price Proposal - 100% Construction Documents Dear Mr. Kissinger, Our Guaranteed Maximum Price Proposal based on the 100% Construction Documents for the Village Civic Center, Phases 1,2,3 and 5 Site & Site Infrastructure Work is $1,433,035.00 and our Guaranteed Maximum Price Proposal for Phases 4 and 6 is $365,138.00. Enclosed herewith please find the GMP Cost Summary, the List of Documents upon which this Estimate is based. the proposed Schedule and the Description of Work including the Qualifications and Clarifications which apply to the combined places GMP as well as the separate pbpse estimates. Very truly yours, JAMES A CUMMINGS, IN Alan J. Rosenblum Chief Estimator cc: Jud Kurlancheek Ralph Martinez James A. Cummings William R. Derrer Michael F. Lanciault Rob Maphis Scott Pate Raul Lastra Nina Gladstone Roberto Lage Robert Currie VILLAGE OP' , SCAw4 VILLAOBCP ICEY BISDAYNB SITER SRN INPRA8TRUOTURE.:. ARCHITECT: SPILL'S CANDELA DMJM OMP PROPOSAL DATNI PENRUARY 8, 2002 PHASES 1,2A 6 8 WITHOUT PPSL AND SOUTHERN BELL . ITEM 1- SECTION DES CRIPTION CORM RALOONDITIOMS SRI WINDOW BKTEND PROJECT T WO ANb A HALF MONTHS FOR INFRASTRUCTURE WOI NOTE WORK FROM ORANOON 11113/0 154' WE81' AL ONG NORTH VILLAGE GREEN W AY I8 NOT INOLUDND AND SHALL SE PROVIDED BY OTHER8 003201SPIL) SOIL INVBSTIOATlON DATA REPORT BY KU NO SPIN COORDINATION DRAWINOS 110 On FIELD NNOINBERINO FINALSURVEY - - NO 8P00 OW NER ALLOWANCES • PURNISHIINSTALL COMPLETE 1.ON•81TE LANDSCAPING/80DIIRRJOATIO N 2. FOUNTAIN AT WESTMOINTYRE STREET 0,SATURN COLUMNS .OEACH 4, TRAPPIC 0111010 ARCHITECTURAL RUM EN? S, PARK GAZEBO 8, TRELLIS T.ARCHITECTURAL PRECAST 0. MMD. SPECIALTIES 0, OOMMUNICATION DUCT BANKS BETW EEN 111. 005 10. POLICE SEOURITY CONDUIT 11, PIKE SEOURITY OONDUIT 12, FLORIDA POWER SLIGHT AND SOUIHSRN BELL NO SPEC CONSTRUCTIONPHOTOORAPHB 140 RIO. QUALITY CONTROL NY OWNNR 110 RIO MAINTENANCN OP TRAFFIC DRWOS. TEMPORARY PM NON ORWGS, BARRICADES - DRWOS. PLASTID DRUMS MRS . MINOR DRWON. W ARNING LIGHTS 8 PLASM! bRWOS, ALL MORASS & NARRICADNS PER PDOT 8PBO MAINTNNANON OP SIONAON 8 BARRICADES 020ib 11PIL) ON0101111011, REMOVALS AND RELOCATION 1.5 1 COORDINATION 1AJ( PROTNOT MIMIC TO REMAIN .B- BNVIORNMENTAL PROTECTION 1. 8 TRAFFIC MAINTENANCE 3A 191. 1. HOLM AND HAZARDOUS OPENINGS 3.8 REMOVE MATERIA LS AND DEBRIS FROM BITE MATrRIA N10 1110 1410 N10 NIO 1110 1110 1410 LABOR SUB N10 1110 1410 1410 NIO NIC NIC NIC 40,5 7,40 8,14 166,000 NIO NIO NIC NIO NIC 1110 NI C NIO 111 00'8 72,30 TOTAL 45,58 7,40 8,14 108,00 N10 1410 N10 N10 NIO N10 NIO 1410 72,3 TOTAL ARIA 102 000 SP DRANO TOTAL SUBOONTRAOTDRS NA ME J AO 3L IN BEPERATE OMP FOR DUCT BANK & WATER MAIN JAO JAO/BALANCE IN SITE WORK JAO/WAG NOT IN0LJ8EE BELOW NOT INOLJSEE BELOW NOT 'HOUSES BELO W NOT MOUSES BELO W NOT INCLJ8EE BELOW NOT INOLJ81! BELOW NOT MOUSER BELOW 0 CL IN SEPERATE OMP POR DUCT BANK & WATER MAIN 031 .114 OPERATE OMP F OR 0001' BANN & WATER MAIN 0 31 IN BEPERATE 0MP FOR DUCT BANK & WATER MAIN NOT INCL./SOB BELOW INCLUDEDIN MORAL CONDITIONS NIC. BY OWNER NOLUDED IN EARTH WORK NCLUDED IN EARTH WORK NCLUDED IN EARTHWORK NCLUDED IN EARTH WORK NCLUDED IN EARTHWORK N CLUDED 114 EARTHWORK NCLUDED IN EARTHWORK NCLUDED IN EARTHWORK 0 45,580 0 0 7.40 5,14 186,00 WILDCAT BONDED 72,30 NOLUDED NCLUDED NCLUDED 1401 .0000 N010D00 11010000 tsar OAS 0.00 0.00 0.00 0.00, 0.00 0.00: 0.00" 0.07;; 0.08; 0.00 0.00 1,01 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 o.ob 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.71 0 .00 0.00 0.00 0 .00 0.00 0.00 021081200203:29 PM JAMES A. CUMMINGS, INC. 1 VILLAGE OF KEYEISOAYNE - ' 31111SRE INPRASTRU CTURE ARCHITECT: SPILLIS CANDELA DMJM OMP PROPOSAL DATE: 1.11RUARY S, 2002 - - n1M I MOTION 3,0 DRW3S, ORWOS. DRWOS. DRWOS, DRWOS. ORWOL DRWOS. DRWOS, DRWOS. ORW OS. DESCRIPTION SALV ABLE MATERIALS . REMOVE EXISTINO BANKIBUILDINO DEPARTMENT BUILDING REMOVE B%I0TIN0 BLDG, 20 SOUTH SIDE OF SITE REMOVE SITE WALLS A FOOTINGS REMOVE SIDEWALKS REMOVE PPAL I.10HT POLES REMOVE PPAL POWER POLES S PULL BOXES RBLOOATE 'P&L POWER POLES S PULL BOXES SURPASS DEMOLITION SAWOUTTING EXISTING ASPHALT REMOVE ASPHALT SURFACE A BASE 4 02220 ISPIL) EARTHWORK 1.3.0 .1 PROTEST EXISTING STRUCTURES & PROPERTY .2 P*OTEDT EXIOTINO STREETS & SIDEWALKS 3,2 " __LAYOUT 1 MOULTS 3.3 *LEAKING AORUSSIN* DWG*. REMOVE EXISTING TREES DRWOS. RELOCATE EXISTING TREES 1.4.A REMOVE 1 DISPOSE OP SURFACE LITTER A DEBRIS .E STRIP A STOCKPILE TOPSOIL .0 REMOVE TOP 2$OP SOIL WITHIN *DESTRUCTION AREA DNIPOSAI. OP UNSUITABLE MATERIAL , .. 3.1 SITS PILLING * COMPACTION ♦ PROOF ROLL CUT SURFACE S4 EXCAVATION FON STRUCTURES 3:T MOORS AND OOMPAOTIMG DISPOSE 0P4XCESS MATENIALS 3 .1 DEW ATERINGINO COWL PLACED IN W ATER) 3.14 TESTING SY oWNER 3.11 PREPARATIONPOR TOPSOIL 1 02011 (SPIL) ASPHALTIC DONOKETEPAVING 21 SUEORADESTABILIZATION 12" 22 BASE COURSE LIMBROOKP 2,1 PRIME A TACK 00411 . . 2A ASPHALTI0COMETS 1113"TYPE S 3,2 TESTING BY OW NER PAVEMENT RESTORATION PRWDS.. NEW MEDIAN CUT AT ORANOON BLVD, DRWOS, M ODIFY EXISTING MEDIAN OUT AT MOODS SLED. NO SPEC PORTLAND CEMENT 00 110RETE PAVING 02614 IWPILI 00110, SIDEWALKS, CURSE, CURSE & GUTTERS A WHEEL STOPS i.1. OONOR6TE SIDEWALKS 3.2 'CURES 3.3 CURBS IGUTTERS 02!0812 VILLAGE OF KEY BISCAYNE PHASES 1,2,3 & 6 WITHOUT PPAL AND SOUTHERN BELL 21ATER WL-1' LA8011 -I 010 .•I TOT. 0 0 0 NIC MID NIC NIO MID N10 MID NW 0 0 N10 NIC NIC 304,40 MIS JAMES P[ JY11NCS,INC. NIO NIS NIO 304,4 MI D 4 SUBCONTRAC'T'ORS NAME GRAND TOTAL) NSP NONE SHO WN/ NONE INCLUDE0 NOT INCLUDED: INCLUDED. - - 'INCLUDED /10111040 NOT INCLISEI BELOW EDT INOLJSBE BELOW 1401. MCLA NE BELO W INCLUDED IN EARTHWOR K INCLUDED IN EARTH WORK INCLUDED IN EARTH WORK METRO ENGINEERING 11101.11040 1NCLUDED INCLUDED INCLUDED NRI •EY OWNER INOLU0ED INCLUDED INCLUDED NET INOLUbE0 1NOLUOED INCLUDED NOT INOLJBEE 16LOW INCLUDED INCLUDED INOLUDE0 MID • BY OWNER INOLU04D INCLUDED IN EARTHWORK WOODED IN EARTHWORK INOLU000111 EARTH WORK INCL1040(1.EARTHWORK I DED IN EARTH WORK i�15 - NI G. BY OWNER OL IN SEPIRATE OMPFQN DPOT BANKS WATER MAIN INCLU640:114 EARTHWORK INCLUDED IN EARTHWORK NONE SHOWN) NONE INCLUDED IN CLCDEDIN EARTH WORK A SITE oONORETE INCLU0E01N SITE CONCRETE INCLUD6bJN.EARTHWORK INOLUDE0IN. EARTH WORK TOTAL AREA, 402,000 SP` 334,40 0,00 0.30 040 0.00 0.00 0,00 0,00 D,OD 0,00 0,00 0,00, 0,00 1.00 0,0 400r 0.00 040 0.001 0.00 040 040 SAO` 0,00 0.00' 0,00. 0.00 0.00 0.00 040 0,00 0.00 0,00 0,00 0.00 SAO' 040 040 0.00 0.00 0.00 0,00 0.00 0.00 0.00 040 0.00 VILl110f OFKRYBISOAYNE' ,817E A:SITE INFRASTRUCTURE AITOHJTE0T: SPILLIa CANDELA DMJM 01HP PROPOSAL DATE: PfERUARY 0, 2002 VILLAGE OF : a1$CAYNE PHASES 1,2,3 & tl WITHOUT PPOL AND SOUTHERN BELL TOTAL AREA. 102,000 EP ITEM 1 SECTION. OA. 710TIN0 BY OWNER PRWOS t" CONCRETE EASE POR PAVERS AT PIR86TATION CURB OU7 DIMS 4" CONCRETE SIDEWALKS DRWES 12"11,20 WIDE 00NONETB MINOS DRWOS MONO COO, AT OMB, NUTTERS, SIDEWALKS A BANDS MOM -CURES AT TREE Sue- SEf SITE CONCRETE WINDOW 0200 ISPII4 PAVEMENT MARKING 1.0 PER P007 SPBOIPIOAtION6 6.S- SPARE PAINT. NO SPEC: SITE OIONAGH NO SPED, TRAPPIO SIONALIZAtION S 022E2 MAIM EXCAVATION, EAOKPILLINO AND 00MPA071N0 FOR UTILITIES 1,6,5+0 PROTECT 1X1871140 UTILITIES, SIDEWALKS & 0TREETB HAND EXCAVATION 2.1d' - DEWATIRING .0 REMOVE UNfAtISPAOTORV SOIL OA TESTING EY OWNER 02000 WATER DISTRIBUTION 1,1.4.1 WATER METERS .2 TAP TO THE EXIStINO LINES ,0 METER DEPOSITS a SERVICE OONNEOTION IMPROVE BY OWNER 1:1.A DUCTILE IRON WI CEMENT MORTAR LINING 2.2 JOINTS 2,0 FITTINGS & SPECIAL ITEM& 2A VALVES 2.11 OAST IRON VALVE BOXES Si... _ PINE HYDRANTS. 2,T.A ONIWPE0tI0N 1.2 COPPER PIPING PON WATER SERVICE LINES 0" OR LESS 3.3 - DUCTILE IRON PIPING PON WATER BERVIOE LINES 4" 011 LARGER 8,10 - MOST BLOCKS 3.41+11 TESTING SY 00NTRACTOR 0.12++15- DISINFECTION & CONNECTION TO EXIST. WATER MAINE SAOKPLOW PREVENTONS 1 COWS DUOS ADJUST 01071NG WATER METER VAULT DRWOS REMOVE EXISTING WATER METER VAULTS DRWOS 0AP EXISTING WATER LINES PROVIDE WATER SERVICE TO FOUNTAIN PROVIDE WATER SERVICE TO IRRIGATION 02720 - STORM CMINAGE SYSTEM 2,1A CORRUOATEDALUMINUM PIPE .5 - OORRUOATEDSTEEL PIPE WI BITUMINOUS COATING 2:2 DRAINAGE STRUCTURES 21+4 VILLAS? ROCKS PLASTID FILTER MEMO DESCRIPTION MATERIAL 28,00 LABOR 27,02 N0010 - 140 SID 1410 1410 SUB 0,66 NO SID 120,06 NIC TOTAL 66,01 120,05 SUBCONTRACTORS NAME. GRAND TOTAL NIC• BY OWNER INCLUDED IN ant CONCRETE INCLUDED IN BITH CONCRETE INCLUDED IN SITE OONORETE INOLUDED 114 EARTHWORK S 317E 00110RETE INCLUDED IN SITE CONCRETE JAG Bt,3 INCLUDED IN EARTHWORK INCLUDED IN EARTHWORK INCLUDED 114 EARTHWORK INCLUDED IN EARTHWORK NOT INCLUDED BY OWNER 1L IN SEPARATE OL IN OVERATE 01L IN SEPARATE 0 WE SBPERATE 0 OLIN SBPARATB 011.1N SEP0NA7E O 21.1N SEPERATE 011. IN SEP!RA7E O SL INS PERMS 0 M. BEPERATE O SL IN SEPARATE 011. IN SPERM 0 0L IN SEPARATE 01L IN BAPERATE 0 03!. IN.SEPERATE O SL IN SEPARATE 01L IN SEPARATE 0 1410 0 0 0 0 0 MEOATRAN/ BONDED 126,06 INCLUDE) INOLUOEO INCLUDED NOT INCLUDED /Co • EY OWNER OMP PON DU07 BANK a WATER MAIN NIO.87 OWNER OMP FOR DUCT BANK ♦ WATER MAW 1410 • EY OWNEN OMP POR DUCT SANK a WATER MAIN OMp POR 01107 BANK a WATER MAIN OMP FOR DUCT BANN a WATER MAIN 0Mp FOR DUOt BANK & WATER MAIN OAP FOR NOT BANK & WATER MAIN OMP FOR DUCT SANK a WATER MAW 0100 FOR DUCT BANK & WATER MAIN OMF POR DUCT BANK a WATER MAIN OMP FOR DUCT SANK & WATER MAIN 0AP FOR DUCT BANK a WATER MAIN OMP FOR DUCT BANK & WATER MAIN OAP POR DU07 BANK & WATER MAIN NONE SHOWN/NONE INCLUDED GNP FOR DUCT BANK & WATER MAIN OMP FOR DUCT SANK a WATER MAW OMP POR DUCT BANK 8 WATER MAW NOT REQUIRED/ NOT INCLUDED N07 INCLJSBB BELOW INCLUDED INOLUDOD INCLUDED INCLUDED INCLUDED tar 0.00 sl 0.00 0.00 0,00': 0.00 0.00 ' 0.5S 0,00 0.00 0.00'> 0,00` 0,00` 0,00 1,20 0,00" 0,00` 0,00 0.00 too 0,00' 0.00 o.00 0.00' 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 100 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0,00 0,00 02/0812002 03:29 PM JAMES A. CUMMINGS, INC. 3 VILLAGE OF KEY BISCAYNE VILLAGEOY$tE 0160AYNC:> '&TI&817E1NPRA0TRUOTURE AROHITINT: SPILLI6 CANDELA-OMJM OMP PROPOSAL DATE: FD*NUARY 8.2002 PHASES 1,2,3 & 6 WITHOUT FM!. AND SOUTHERN BELL TOTAL AREA' T102,0008P ITEM ( POTION.. DESCRIPTION 3.0 : EXPI44RTION TRENCH - - 2,0 TEOTINO 0Y00NTNAOTOR ORION. ADJUST 1112184100 CATCH BASINS TO REMAIN DRWOS. OAP EXISTING 4TORM SEWER -"- DRW00, REMOVE EXISTING CATCH BASINS AND A66001ATED PIPING DRWGO, .REMOVE EXISTING TRENCH DRAIN DRWO*. REMOVE OXISTINO FRAME & 0MTE AND PROVIDE NEW DRWOS. IXP18TMTION:TN*N0H T016 'BLOW OXIDT'S GROUND ELEV. 140 IPSO SANITARY MBWEN BMW PIPS, PITTIN08 S MANHOLES TOOTING & INSPOOTION NY CONTRACTOR SANITARY SEWER PON FOUNTAIN 02611 10110INTERLOOKIN000110, PAVERS 2,2 0100" THICK KEY SHAPE'S REOTANO, AT EDOE6 ONO MOTMINTS. 2.4 SAND LATINO COURSE 1" .A - SAND POR JOINTS 3.0A OUT PAWNS WITH MASONRY SAW .0 T04BRANOIS 1122" OFFSET IL 110" IN 10• PROM LIVOL .11 WON* 1" 00NTROL JOINTS • 6SALANT PILLED Ma 008 STI ILDCtlR .0 VIBRATE.00N0, MOMS INTO LEVELING 00E11150 .- SAND PILLAT JOINTS 31 REPAIR, MANN. & PROTECTION ORWOI. - CONORITW MV'R ROADWAYS ORWOS.-'OONOROTB PAVER PARKING AREAS DRWOS, OON0RB7E PAVER SIDEWALKS DNWG6, 0010RE0 PAVBRI POR TROPIC MARKINGS ORW00. 12' OTAIILISED OUB•ORMDI -DRWOS, 0" OR LSH[R00K Mee ON 617*-0ONORE7E PAVERS AT FIRE AND POLICE NO 0110 I A0000APING DRIERS, PLANT MATERIAL MA 110,10R BITTER DRWG*. MULCH DONS. WOOD 00071148 PABRIO DRWGS. TRES R1LO0A710N DRWOS, MAINTINANO* UNTO, FINAL A00BPTANOB DRWGS, GUARANTEE■ 1 TWIN FROM ACCEPTANCE NO BIM 80021010 D*RTIr1E0 TURPOR0547. AUOU8TINE OR KENTUOKY BLUE PLANK) ED01N0 DRWOS, 1" PLANTING 8011. UNDER ALL 80D DRWOS. 00ARANTEE - 0 MONTH8 PROM COMPLETION NO 8110 IRRI0A11011 MATERIAL 1110 0 LABOR 1410 SUB TOTAL " tljJOLUPNDU100PORATE 0MPFOR ADMIN/PQLIC* BLDG 6I L1'OBDINOERBRATNOMI"PONAOMINU0LI0BBLEW O Jii DEDIN 4EPORAT*4MP. PORADMIN!10L10B *100 NIO NIO F ` NOT !NOLJANE *BLOW 0 GRAND TOTAL INCLUDED:.. 1NOLUOEO iOLUDEb INCLUDES: INOLUbEO :INCLUDED 163,00 103,000 HOLLYWOOD *701*! 00NDEO '0.- -- - W0I4JP*D AG S•318" RNOTANOULAR -0 INCL INCL OWL !NCI INC). NOT REQUIREDI NOT INCLUDED VIOL INCL 0401. INCL INN INN 11101. 11101, INCLUDE/1N EARTHWORK <-; INcLUDEIDW EARTHWORK INOLUDED INOLUD*O IN OWNER* ALLOWANCE INO3V0Op IN OWNERS ALLOWANCE INOLU060 IN OWNN„RSAI LOWANOE .INULUR*DJNMWN RSALLOWANON 'NIC=EY OWNER INOLUGIO IN OWNENG ALLOWANCE INCLU0E01N OWNER8 ALLOWANCE INCLUDED IN OWNERS ALLOWANCE IN04VDED IN QWNERSALLOWANCE IN*LU$b 15 OWNERS ALLOWANCE l$OLGO8b 111 OWNERS ALLOWANCE INCLUDED IN OWNERS ALLOWANCE INCLUDED IN OWNERS ALLOWANCE 183,80 ter 0.00 0,00 0.00 0.00 0.00 0.00 0.00 0,00 0;00 0.00 0,00 0.00 806 1.01 0,00 0.00 0.00 0.00 0,00 0,00 9.00 0.00 040 0,00 0.00 0A0 0,00 0.00 0.00 0.00 0.00 5.00 0.00 COO 0.00 0.00 0.00 0.00 o.bo 0,00 0.00 0.00 0.00 0.20 0.00 0.00 02/06/200 P JAMES74 VIINGS, INC. 4 VILMSEOF KEY BISOAYNE BITE & SITE INFRASTRUCTURE ARCHITECT: (WILLIS CANDELA OMJM OMP PROPOSAL DAT*: FB{NWRY 8, 2002 PHA4E81,2,S & 8 WITHOUT PP&L AND SOUTHERN BELL' ITEM L novas I DESCRIPTION DRWOS. EAOKPLOW PREVINTER DRWOE, WATER MITN DRWGb, HOSE 0165 PON MANUAL. WATERING CONTROLWIRINO 0 NO *PEG CONCRETE BEINPOROOMENT, NON•BTRUOTURAL WELDED WIRE P488N MATERIAL WELDED WIRE ME814 LABOR 140 SPEC AROHITEOTURAI PRECAST CONCRETE CRINGE. CONCRETE NOLWRDS 10 NO SPED METAL PABRIOATION0 DRWGR. TREE ORATES DRW08. PRt BOLLARDS 11 DW.10 P4100,IPSOIALTISS DRW00, FNIOPOLBR 12 11114 MEONANIOAL. 018001414107 PLUMBING & MAKE SAFE FOR DEMOLITION - REMOVE PROON & M468 SAPS FOR DEMOLITION 15 DIV. 10 ELECTRICAL DRWOS. ELECTRICAL DUCT RANK D11W08, DOMMUNIOATION 01107 SANK 0111/00. TBL6PHON0& 04616 TV DUOTSANK DRWOS, PP&L MANHOLES • FURNISHED SY PP&L 108746100 SY CONTRACTOR DARNER PAIL CONDUIT • PURNISNID SY PP&L INSTALLSD SY OONTRAOTOR ORW06 RILLSOUTH MANHOLES• PURN. & INSTALL BY CONTRACTOR DRWOS, 00MMUNICATION NUINHO1OO• PURN. & INSTALL BY 0014711407011 COWOS, WATERMROOPIN00P MANHOLE& DRWOO. FINAL POWER POL60+ NIO DRW06 TIMPORARV PP&L POWER POLES • NIO 01011011, VPAL CONDUCTORS & 0401.18.110 ORIN St;.' PAO MOUNTED TIIANBPORMIRS• NIO DRINC1 p tTRIRT LIGHTING DRWOt PLANTER LIGHTENS DRWO&. - PR00A6T LIOHTFOLI 114005 TO MINT WINO 6040110 1100. DRWOS, : 0014011670000IPMINT PADS owls, nitre REINP0R060 PLASM ENCLOSURES 0111E00. *61004761X007'0 M10NT 001.65 & LIGHT POLO PULL 00408 • NIO DRWO*. RBMOVI6XISTINO PPSM., 1,10147 001.110 & PULL BOX68.1110 :---DRWOB. ,AEMOVO EXISTING PP&L 0V6RH640 POLE & POWER 1.11465 • NIC DRWOE. CONNECTION TO FOUNTAIN PUMP & CONTROLLER DRWOS. ILLUMINATION 7E571110 SIGNED &SEAMED BY PE MATERIAL 1410 NIC 00,049 1,200 0 1410 LABOR 110 NIC 51.111 NIO 1410 7OTAL MO NIC 8,000 0 39,44 1,800 1,070 4,07 0 0 NIO NIC NIO NIG NIO 1410 2 00 104,2 NIO NIO 0 02/08/2002 03:29 PM JAMES A. CUMMINGS, INC. 28 80 104,2E 110 SUBOONTRAOTORB NAME INCLUDED IN OWNERS' ALLOWANCE NIO • BY OWNER WOLUDED IN OWNERS ALLOWANCE INCLUDED IN OWNERS ALLOWANCE INOLUb8D IN 817E CONCRETE IN0LUD80114811E 00NORRTR INCLUDED IN 817E CONCRETE NOT INCLJSIE BELOW NOT INOLJBEE BELOW IRONSMITHIJAO DIXIE METALSIJAC NOT INOL.ISEE BELOW NOT IN01.186* BELOW 4401WA0 JAW WAG P181U BONDED 811N SEPERATE OMP ROR 0007 BANK 8 WATER MAIN DL IN OVERATE OMP FOR DUCT BANK & WATER MAIN 3L IN SEPERATE OMP Pole DUST BANK & WATER MAIN 31. IN SEPERATE OMP POR DUCT BANK & WATER MAIN DL IN SEPERATE OMP TOR DUCT BANK & WATER 1114114 OLIN SEPERATE OMP FOR DUST BANK & WATER MAIN DL IN EMIRATE 0MP POR DUCT BANK & WATER MAIN D41N SEPERATE OMP FOR DUCT BANK & WATER 14114 NIO • BY OWNER NIO • EY OWNER 1410. BY OWNER NIC • BY OWNER INCLUDED INCLUDED INCLUDED INCLUDED 114 8170 CONCRETE INCLUDED NIC • BY OWNER NIO • BY OWNER NIC • 8Y OWNER NOT INCLJSEE BELOW INCLUDED 48,07 0.08 25 50 104,26 TOTAL AREA.: 02 000 SP. -C.. 0.00 0.00 0.00 0.00'," 0.00. 0,00 ape' 0.00 0.00 0,00 0.00 0,00 0,43 0,08 0.00 0,00 0.00 0,00 0.00 0.00 0.00 0.66 141 0.00 0.00 0.00 • 0.00 0,00 0.00 0.00 0,00 0,00' 0.00 0.00 0.00 0,00 0.00 0.00 0.00 0.00 0,00 0.00 0.00 0.00 5 VILLAGE OF KEY BISCAYNE VILLAOBOF KEY BI80AVNE SRO & 8)1* INPRASTRUOTURE AR_ONRBOT: CANDELA DMJM OMP PROPOSAL DATE: FEBRUARY 1 2002 PHASES 1,2,6 & 6 WITHOUT PPM. AND SOUTHERN SELL TOTAL AREA• .102,000 SF GRAND TOTAL o o INOLUOE, 0 0 ;IjIOLUDEIO- 0 0 , INOLUDBD (30,000) (30,000)18017 TO OWNER ALLOWANCE IN UNDEROROUND OMP 0 o 0 0 ITEM EMOTION DESCRIPTION MATERIAL OONNEOTION TO IRRIGATION 'OONTROLLER 0' TEMPORARY ELECTRIC OISODNNBCT EXISTING 1 MAKI SAPS POR DEMOLITION 0 MODIFY Wooer op RESTORATION BY ADDING SURPAOB WORK TO UNDBRO 0 0 - 0 SUBTOTAL ONBOK SUBTOTAL SALIN TAK 0.6'4 LASOR BORDEN OWNER'S PROTBOTIVE LIABILITY INSURANOE BUILOBR'ORISK INSURANOB PERMITS PERFORMANCE BONO SUBTOTAL SUBTOTAL DESIGN PHASE PEE 00N6TRUGTION PHASE FBI MXTEND:PROJEOT TWO. AND A HALF MONTHS POR INPRASTRUOTURE WORK OONBTRUOTION OONTINOSNOY OVERHEAD 6 PROFIT OWNER 00NTINOEN0Y OWNER'S SALES TAR SAVINGS PROGRAM SUBTOTAL SUBTOTAL SUBTOTAL SUBTOTAL -- TOTAL LASOR 80,661 31,82 SUB TOTAL SUBCONTRACTORS NAME 4IBP 0.00 0 0.00 0 0.00 (30,000). (0.26), 0 0.00 0 0.00 1,146,238 1,213,016 "" 1,200,738 12.46 0.00 0,00 0.00. 0.00 0,00 0,00 0.00 1,206,738 - 1.266;738 12.46 0.00 0 0.00 OWNER ALLOWANCE 8,400 0.00 OWNER ALLOWANCE 7,400 0.07 14,710 0.14 0.00 1,300,248 1,300.245 12.70 0.00 NOT INCL. NOT INOL. 0.00 42,000 02,030 0.61 08L:IN BEPERATE OMP -POR-DUCT BANK & WATER MAIN 0 OA0 0,00 1,362,678 - . 1,002,678 13.38 0,00 16,000 16,000 0.16 0,00 1,377,878 - - 1,077,878 13.61 0.00 16,000 16,090 0,16 0.00 1,312,878 - -- 1,062,676 18.88 0.00 82,680 - - :02,060 0:81 0.00 1,466,668 1,416,468 -. 14,27 0.00 (22,623) (22,623) (0,22) 0,00 1433,086 1,433,035 14.06 JAMES AT jIAINGS, INC. 1,249,915 4,220 21,788 0 8,400 7,400 14,710 8 02/05/2002 03:28 PM VILLAGE OP KBY CHICAVNE SITES SITE INFRASTRUCTURE ARCHITECT: SPILLS) CANDELA OMJM:. OMP PROPOSALOA?EI PEERUARY 0, 2002 nit -7 SECTION- - DESCRIPTION THR PbLLOWING ITEMS OP WORK ARE SEPARATE OWNER ALLOWANCES WWI AM NOT INCLUDED IN THIS PROPOSAL AND WHICH 00 NOT INCLUDE ANY OONSTRUOTION MANAGER'S MARK-UPS FOR PERMITS, TAXES, INSURANCE, BONDS, OONTINOENCINS AND OVERHEAD AND PDUNTAIN AT WEST MCINTYRE STREET FEATURE COLUMNS 41 EACH TROPIC CIRCLE ARONITECTUKAL ELEMENT PARK GAZEBO TRELLIS ARCHITECTURAL PRECAST MISC. SPECIALTIES - ?LORIDA POWER & LIGHT AND SOUTHERN BELL WORK PROVIDED BY TOTAL VILLAGE OF��E Li$CAYNE' PHASES 1,2,S & S WITHOUT PPM. AND $0UTHERN BELL TOTAL 00,000 40,000 120,000 26,000 16,000 4,000 0,000 S0000NTRAOTORSN OWNER ALLOWANCE NI0 OWNER ALLOWANCE 1410 OWNER ALLOWANOE NIO OWNER ALLOWANCE NIO OWNER ALLOWANCE NIO OWNER ALLOWANCE 1410 OWNER ALLOWANCE 1410 • WORN BY OWNER • WORK BY OWNER • WORK BY OWNER • WORK BY OWNER • WORK BY OWNER • WORK BY OWNER • WORK BY OWNER 0 SEE ELECTRIO DUCT SANK & WATER MAIN GMP 210,000 RANI) TOT TOTAL AR 102,000 SP JAMES A. CUMMINGS, INC. 7 VILLAGE OF KEY BISCAYNE VILLAGE OP KEY BISOAYNE SITE A ERE INFRASTRUCTURE ARCHITECT: SPILLIS CANDELA DMJM 0MP PROPOSAL DATE: PNERUARY e, 2002 THIS PROPOSAL RI CONTINGENT UPON CUMMINGS ODNBTRUCTINO THE KEY BISCAYNE CHIC RECREATION CENTER. IN THE EVENT CUMMINOSDONS NOT CONSTRUCT THE KEY BISCAYNE CIVIC RECREATION CENTER THIS PROPOSAL. SHALL BE NULL S VOlb PHASES 4 A 0 WITHOUT PPSL AND SOUTHERN BELL TOTAL AREA 102,00018F 1 ITEM SOLSTICE DESCRIPTION MATERIAL MINERAL OONDITIONB BEE WINDOW EXTEND PROJBOT TWO AND A HALF MONTHS PDR INFRASTRUCTURE WOR NOTE:: WORK FROM ORANOON BLVD 166' WEST ALONG NORTH VILLAGE GROIN WAY 16 NOT INCLUDED AND SHALL EN PROVIDED BY OTHERS 00720 HIM) SOIL INVESTIGATION DATA REPORT EY KSB NG SPEC - 000100110171011 DRAWINGS NO SPEC FIELD ENGINEERING FINAL SURVEY NO SPED OWNER ALLOWANCES.. PURNIBHIINSTALL OOMPLETE 1, 011 -SITE LANDSOAPINOISODIIRRIOATION 2. FOUNTAIN AT WEST MCINTYRE STREET 3. FEATUREOOLUMN. •80A0H 4.110010 01ROAt ARCHITECTURAL ELEMENT B, PARK SAYS: 0. TRELLIS T.AROHITEOTURAL PRECAST 8, M180. SPECIALTIES O.COMMUNICATION.DUO NARKS IETWEEN BLOCS 40. email 8t0URJTY CONDUIT 11. PINE *40UR1IY 0000017 11. P40R10A POWER 8)1.10117 AND SOUTHERN BELL NO SPED 00NOTRUOTIONPN0T00RAPN8 NO 8Pt0 QUALITY CONTROL SY OWNER 2 110 SPIN MAINTBNANOE-OFTRAM DRW08. TEMPORARY PtNOS DRWO$. EARR10A0u DRW00, PLAOTIO DRUMS ORW08, OIONAOI WARNING LIONTOS FLASHERS ALL NONAGE & UNMANS PER PDOT SPEC MAINTNNANOE OF 810NA0N 8, BARRICADES DR. WOE. DRWOS, 6 0,1680(0 114 DEMOLITION, REMOVALS AND RELOCATION 1.0 COORDINATION NIO NIC P110 1110 P110 NIO NIO N10 LABOR 0 0 0 0 0 0 0 o 0 0 0 0 N1C P110 NIC NI0 NIO NIC N10 NIO SUB 0 0 0 0 0 0 0 0 0 . 2,000 2,000 0 0 30,000 P110 P110 NIC NIC N10 NIO P110 N10 N 00'0 1,63 TOTAL ,J SUBOONTRAOTORS NAME GRAND TOTAL 0 0 INCLUDE IN REC. CENTER 0 ICL INSEPERATE OMP FOR NOT BANK A WATER MAIN 0 0 0 0 0 0 2,000 2,300 0 0 00,000 N10 - N10 NIO P110 N10. N19 NI0 JA0 JAC/BALANCE IN SITEWORK' JAOIWAO NOT INOL.ISEE BELOW NOT INCL./GEE BBLOW - - $Pt INQLJSEE 1104010 NOT IN04JSEE BELOW NOT INOLJSEI BELOW NOT INOLASEI BELOW NOT1E0L.I0E0 BELOW .10L(N 5PERATE OMP 801t 0(001 'MANE A WATER MAIN "OIOL IN SEPORXfI'0# PORzbuoT EANK & WATER MAIN O,ICL IN SEP2 AYE OMPYOS 01107 SANK SWATER MAIN 1410 " ' .NOT IMOLJSEO BELOW 1,80 INCLUDED IN GENERAL GONDITIONB P10. BY OWNER INCLUDED IN EARTHWORK INOLUPED IN BARTHWORK. 10010080IiNARTHWORK 111014100.0 IN EARTHWORK IN0LUDtD IN EARTHWORK INCLUDED IN EARTHWORK INCLUDED IN EARTHWORK INOLUDE0 IN EARTHWORK WILDCAT 00N0E0 INCLUDED 0 0 S,6 2,01 00,00 1,63 MP 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.03 0.03 0.00 0.00 0.26 0.00 0.00 0.00 0.00 0,00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0,00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.02 0.00 02ro8Mt00zh_ PM JAMES A MNGS, INC, vILAGt 64 VILLAGE OP KEY IISOAYNE en &ark rsuRAstwuotu*s ARCHITECT: SPILLIS CANDELA DMJM OMP PROPOOALDATE; PEBRUARY 8, 200 THIS PROPOSAL N CONTINOONT UPON OUMMINOS CONBTRUCTINO THE KEY I16OAYN3CIVIC RECREATION °ENTER. IN THE EVENT CUMMINGS. DOES NOT DONSTIIUCT THE KEY BIBOAYNE CIVIC RECREATION CENTER THIS PROPo$AL SHALL BE NULL & VOID InM SIOTION DESCRIPTION 4.44 - PROTECT EXISTING TO ROMAIN •0 ENVIORNMENTAC PROTOOTION 11 TRAPPID MAINTENANCE GA FILL NOLIS AN0 HAEANDOUS 0PININOS 4S RRMOV*MATERUALS AND OONNIO PROM SITS OA SALVAEL* MATIEIALO CRINGE, REMOVI SXISTWO IANKMUILOINO DSPANTMENt BUILDING DIMON,: MAIM SXIOTIND 3100.4) SOUTH 0103 OP SITS ORW00, R*MOVS SITS WALLS A POOTINGB CAMS. ROMOVY SIDEWALK* ORWOS, NIMOVOPP&L want POLES ORWOS. ROMOVS PPSL POWS* P0125 & PULL 80X3S DRWOS, RNLODATI PP&L POWER P0125 & PULL SONOO DRWOS, SURPASS( 03MOLITION:' DRWOS. SAWOUTTING *XIOTINO ASPHALT ORWOS. RIMOVEASPHALT SURPASS&EASE 4 02220(0►NJ 3ARtHWORK 11.1,1 PROTECT EXISTING STRUCTURES 1 PROPERTY .2 PROTECT EXISTING STREETS & SIDEWALKS 0R LAYOUT & ASAUETS 40.. . . CLEARING AORU11IN0 ORW00.-REMOHR SAWING TRW DUOS. KOLOOATI SMITING TREES 0.44 _ N*MOV* & DIS►OS1 OP 6URPAOS LITTER & DEMOS is SCRIP 4 STOOKPILS TOPSOIL' .0 MOVIE TOP 2' OP *OIL WITHIN CONSTRUCTION ARRA DISPOSAL OP UNOUITAILS MATERIAL 0.3 SITS PILLING & OOMPAOtION ' -• - A PROOF ROLL OUT SURPAOt SA SXOAVATION FOR OTRUOTURIS S.? SAOHPILLAND OOMPACTINO :SA . DISPOSI OPSXCE*!4MATSRIINA O2WAtfRINO(NO OONO. PLAQ30114 WATERI ^' .0,10 TESTING ST OWNER 0:N PREPARATION POR TOPSOIL 0 02311 (0PK) ASPHALTIC CONCRETE PAVIND 2.1. SUIORAOE BTABILOATION 12" 2.2 - - ME COURSE LIMEEOOKr 21 - PRIME I TACK COATS ADPHALTIO CONCRETE 1 112" TYPE 8 02(081.002 03:26 PM PHASES 440 WITHOUT PP&L AND SOUTHERN BELL 1410 NIO 1410 1410 1410 1410 NEC 1410 1410 1110 NIO 1410 1410 NIO 123,80 423,30 1410 1410 0.00;':, 0.00 0.00„ 0.00 I 914011)010 INCLUDED' INCLUDED IN0LUDED INCLUDED NONE SHOWNI NONE INCLUDED NOT 9101.1)030 INCLUDED IN PHASE 1 INCLUDED INCLUDED NOT 1NCLIBBE BELOW NOT 1101.1382 BELOW NOT INOL.18E2 BELOW IN0LU020 IN EARTHWORK INCLUDED IN EARTHWORK 1NCLUDED 114 EARTHWORK METRO ENGINEERING 123,80 INCLUDED INCLUDED 1NCLUD3D INCLUDED IN0LUDED NIO- BY OWNER 11401.11020 1NCLUDEO INCLUDED NOT INCLUDED INCLUDED INCLUDED NO?INCL,131E BLOW IN011)000 INCLUDED INCLUDED 1410 . BY OWNER INCLUDED W01.1)080114 EARTHWORK INCLUDED IN EARTHWORK INCLUD80 IN EARTHWORK INCLUDED IN EARTHWORK INCLUDED IN EARTHWORK TOTAL AREA 102,000 SP:..: 0.00, 0.00 0.00 0.00.. 0.00. 0,00. 0.00 0.00 0,00 0,00 0.00. 0.00 1.21 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 JAMES A. CUMMINGS, INC. 2 VILLAGE OF KEY BISCAYNE SILVER OP KEY OISOAYNa *mot SITE INPRASTRUOTURR ARCHITECT: (WILLIS CANDELA greb00 0MR PROPOSAL DATE: PORUARY 8, 2002 THIS PROy0NA619 OONTINOONT UPON OUMMINGS CONSTRUCTINO THE KEY BISCAYNE 01V10 RECREATION CENTER, IN 7HR IVENT CUMMINGS 00E0 NOT CONSTRUCT THE KEY BISOAYNE Cry10 RECREATION CENTER THIS PROPOSAL SHALL BR NULL & VOID PHASES 4 & O WITHOUT PP&L AND SOUTHERN BELL TOTAL AREA. 102,000 SP IM 1. soOTIO 1 DISORIPtION. &2 Tarn ply OWNER PAVEMENT RESTORATION DRWOE, 119W OMAN OUT AT CRANDON 4WD, DOJOS. MODIFY COSTING MEDIAN Out At CRANDON BLVD. NO SPIO PORTLAND O0MENT 00NORITE PAVING 02014 (OIL) 00110, *IDIWALKO,:OURS.,:DURSO A GUTTERS & WHEEL STOPS SA ' 0000RITO SIDEWALK* - 3,2 CUMIN. 0.8 4 OURS* & GUTTERS NA , ..7N.TINo NY OWNER - bRWO$ 1"C0NORNTI NAZI PON PAVERS 17 PIREOTATION CURS CUT .DRWCI 4"00NOREt**IDEWALKI DRAWS 12" 1.24" WIDN 00N0RE7I NANDI DRWO$ 00L0R*D 0040. AT OURS., OUTTERB, SIDEWALK* & NAND* DAWNS DURSO AT TREEGRATIN *0I NITS 00NORI7E WINDOW 028*0 (OIL) PAVEMENT MARKING 1.0 PER P007 *PECIPIOAtION8 9,I OPARS PAINT NO alma. errs ammo N0 SPEC. TRAFFIC *I0BALIZATION I 02223 (SPIL) EKOAYATIDN,NAOKPILLINO AND COMPACTING POR UTILITSS 14.040 PROTO0T EXISTING UTILITIES, *IDSWALKB A ITREETS NAND EXCAVATION' 3,1A 00WAtflIN0 .0 RSMOVEUN.ATIBPAOTORYtoll :04 TASTING NY OWNER 02110 - WATER DISTRIBUTION 1411,1 WATER MEMO .2 TAP TO THE SXI5TIN0 L1NE0 .0 MITER DEP001T&A OERVI00 OONNEOTION OHAR000 BY OWNER 211A NOM* IRON Wl CEMENT MORTAR LININO -2.1 MNTIies&SPECIAL 17IMs 2,4 - . VALV*S. 2.0 MIT IRONYALV000XE. -:: 24 PIRO.HYDRANTS 2,1A DIBINPBOTION COPPER PIPINO POR WATRR 9ERVIDE LINES 0" OR LESS Q,0_ DUCTILE IRON PIPING POR WATER S**VICE LINES 4' OR LARGER 0.10 THRUST 'LOCKs MATERIAL 7,80 NO BID LABOR 1 SUB 1 TOTAL 1 - SUBCONTRACTORS NAME ' "IBRANDTOTALI 0 0: NIO•SYOWNEF 0 0<LOIN -OPERATE OMP P0&DUOT BANK &WATER MAIN 0 INOLUDEO IN EARTHWORK o INCLUDED INEARTHWORK 0 NONE .SHOWN/ NONE INOLUDEO 0 INOLUOID IN EARTHWORK & MTN 0000RRTE 0 I$C.UDN01N 617*CONORBTO 0 J1ICLUOED IN EARTHWORK 0 -'INOLUDEO IN EARTHWORK 0 - NIO. BY OWNER - -- 0 - - - !NOW OED IN:SITE CONCRNtE- - - 0 - INCLUDED IN SITN.00NOR*TI 0 INQLUDa01N SITU 00NORSTE 0 INCLU0E0 IN EARTHWORK & SITN OONORa7E 0 IWIOLUDED IN 01'rn OONORITE 8,00 2,00 18309 JAO 20,00 0 INCLUD601N EARTHWORK 0 1NOLUD00 IN EARTHWORK 0 IN0LU0E01N'BARtNWORK 0 11101110001N EARTHWORK NO BID NO BID 0 NOT INCLUDED 107 OWNER 42,1 0 42,100 MEOATRANI LIONISED 42,1 0 INOLUDED 0 IN0LU000 0 INOLUDED 0 NOT'INOLUD6D 0 NIC . BY OWNER 01DL !REOPERATE OMP FOR DUCT BANK & WATER MAIN - - NIO•67 OWNER 0101.111 SEPERATE`0Ml*-0/ DUQTRANK & WATER MAIN- 0 1110 • Sy OWNER notly,bN Nitm00 OMP PON DUCT BANK &WATER MAIN 0la INIIEPENATE OMP FOR DUCT BANK &WATER MAIN A IOL 111 SEPERATE OMP P019 DUCT BANK &WATER MAIN O'1301.EN9*PYIRATBOMP P011 DUST BANK &WATRR MAIN 0 );y4 AOPERATNO V POR DUCT BANK & WATER MAIN -,'0101,111 SEPPERATO OMP P011 DUCT SANK& WATER MAIN !VIOL IN SEPBRAYTE OMP FOR DOOT BANK & WATER MAIN 0 SIN SOWNQMP PORDUOT SANK & WATER MAIN 0iCL DI fLIMP PORDUCT SANK A WATER MAIN *101.14 DPPERATE OMP P01401107 BANK & WATER MAIN MP 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.09 0.00 0.,00 0.00 0,00 0.;0 0.00 0.00 0.00 0.00 0.00 0.00 041 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 02/0 JAMES. A1' .}MINGS, INC. VILLAGE OF VILLA08OP KWBIBOAWNO INTO ► SIT2 INFRASTRUCTURE ARCH**OTI M ILLIS CANDELA DMJM OMP PROPOSAL DAT6: PNBRUARY 8, 2002 THIS PROPOSAL 16 CONTINGENT UPON CUMMINGS CONSTRUCTING THE K8Y BISCAYNE ONTO RIORMTION CONTAIN. IN THE WONT CUMMINGS DONS NOT CONSTRUCT TH8 NBY BISCAYNE CIVIO RBORBATION C8NT8R THIS PROPOSAL SHALL 02 NULL & VOID SHAMS 4 & 0 WITHOUT PP&L AND SOUTHERN BELL TOTAL ARM` 102,000 $F'. 3. GRAND TOTAL SOME TINTING MY CONTRACTOR - 101. M &OPERATE OMP PON DUET BANK A WATER MAIN 6,12M* DISINPICTION A CONNECTION TO MST, WATER MAIN& 1011N SEPERATE OMP POR DUOT BANK A WATER MAIN MOKPLOW PRIVINTOR$ ► 000V'S N0N8 SHOWNINONE INCLUDED ORW06 ADJUST 6XISTINO WATER METER VAULT 101 IN SEPERATE OMP FON DUCT BANK A WATER MAIN ORWOS MOW EXISTING WATER MOTOR VAULTS 101.1N SOPERATO *MP F0rt NOT BANK A WATER MAN ORW06 OAP EXISTING WATER LINOS ICL IN SEPENATE OMP POR DUET BANK & WATER MAIN PROVIDE WATER OMVIOA TO FOUNTAIN NOT REQUIRED/ NOT WOLU010 PROVIDE WATER SMVI00 TO IRRIGATION INCLUDED IN PHASE 1 04720 STORM MINNOW SYGTOM - NOLUD80 AAA 00RKUOATSb ALUMINUM PIPE NOLUOED 00RRU0ATO0 STOOL Net W/ IITUMINOU6 COATIS* 80LU020 2.2 ORAINAOB $TRUOTUROS MUM 2,6+4 MALLA6T ROCK ► PLASTIC PILTM PATIO NOLUbND. 9A MPILTRATION TRENCH NCLUDED SA TINTWOBY CONTRACTOR - NOLUD8D DRWOS. ADJUST EXISTING CATCH BASINS TO REMAIN - NOLUDED bRWOG, OAP 81(167110 STORM SOWER NO 080 DRWQB, ROMEO OXJSTINO CATON M61N8 AND ASSOCIATED PIPING - X0W10080 DRWOI, ROMOVOEXISTING 7RINCH DRAIN MOOD ORWOS. RIMOVE IXISTINO PRAMI A ORATE AND PROVIDE NOW NOLUDOD MOM, OXPILT11ATION TRENCH TO NI' BELOW 8XWT0 GROUND OLEV. - NOLLIDBD NO 6R80 SANITARY &EWER.W6TIM: NCLUDBO IN SEPERATO *MP POR ADMINIPOLIOE BLDG PRO, PI7TINOS &MANHOLE* NCLUDED 01 SEPENATE OMP POR ADMINIPOLIOB BLDG TE6TIN* ILIN*POOTION OY00NTRACTOR _ N0LU08D 111 SEPERATOOMP POR AOMIN/POLIOE OLDO SANITARY MAYOR POR POUNTAIN. NONE SHOWN/ NOME INOLUD8D T 02611 SOLID INT*RL00KIN0 0050. PAVING 48,88 48,88 ..2.2 01ts"THICK KOY SHAPE ► REOTANO. AT OD080 , 18 000E ROBTRAINtS 2A SAND LAYING COMM 1" - ,A SAND POR JOINTS 3.3.4 OUT PAVERS WITH MASONRY MW - .0 - tOLORAN08c4102" OPPGB,T & lir IN 10' PROM L0781 ' .0 --..BXPANIION & CONTROL JOINTS .SLANT PILLED - - SAM SOIL STERILIZER - - - ,p) 1. VIBRATO *ONO. PAVERS INTO LE 11150 000868 ,0-0. SAND PILL AT JOINTS. ROAM, *LOANING & M10TEOtl 1M own. - 001101871PAVNH ROADWAYS DRW01, 00X0807* MAYOR PARKING ARMS ORW0*, 00NOR811 PAVER IIDBWALKB DRWGB, 00LORO0 PAVER& FOR TRAFFIC MARKINGS I WIM 1 ;NOTION 1 DEOORIPTION MAMMAL I LABOR 1 OUB 1 TOTAL SUBCONTRACTORS NAM& HOLLVWO0b STONE! 808080 48,8 INCLUD80A82.3/8" REOTANOULAR 1501. 11401. INOL INOL INOL NOT REQUIRED/ NOT INCLUDED INOL INCL INOL INOL 11101. INOL 1801 INOL 8100 0.00 0.00" 040' 0.00 0.00'" 0.00 0.00 0,00 0.00 0.00" 0.00 0.00 0.00 0.00- 0.00: 0,00 0.00 0.00 0.0 0.00 0,00 0,00 0.00 0.00 0.00 0.00 0.400 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0,00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 02/08/200203:28 PM JAMES A. CUMMINGS, INC. 4 VILLAGE OF KEY EIS AVM VILLAOI:DP KEY:BISCAYNE SITE & SITS INPRASTRUOTURB ARCHITECT: WILLIS CANDELA DMJM - OMP PROPOSAL DATE: PESRUARY 9, 2002 THIS PROPOSAL IS OONT1DEIENT UPON 04MMIN48 CONSTRUCTING THE KEY BISCAYNE ONIC RNOREATION MINTER, IN THE WENT OUMMINOS DOES NOT CONSTRUCT THE KEY BIBOAYSE OHIO REOREATICN CENTER THIS PROPOSAL SHALL BI NULL & VOID PHASES 4 & 0 WITHOUT PP&L AND SOUTHERN BELL ,,TOTAL AREA 102,00081 GRAND TOTAL INCLUDED IN EARTHWORK INCLUDED IN EARTHWORK .. r =.INCLUDED IN PHASE 1 ITEM `I SECTION DIWOS. DRWGG, 1 NO PP DRWOS. OKWOS. DKWOS, ORWOS, ORWOE, N0 SPEC DRWOS, MINOS. 810 SPEC ORWOS. ORWOS. DRWO;, DBOORIPTION 12" STASILI2ED 0USHORADB. 0" OR 0" LIMIR00K EASE ON 517E 00N0RETE PAVERS AT PIRE AND POLICE LANDSCAPING PLANT MATERIAL FLA P10,1 OR BETTER MULCH WEED CONTROL PAERIC. TREE. RELOCATION MAINTENANOI UNTIL 'PAL ACCEPTANCE GUARANTEE O I YEAR PROM ACCEPTANCE E00DINE _:, OERTIPIEP TURPORAS0.67. AMMETERS OR KBNTUOKY BLUE PIAOTIO POIN0.. 1" PLANTING 0011 UNDER ALL 000 GUARANTEE • 9 MONTHS PROM OOMPLBTION IRRIGATION - BAOKPLOW PRESENTER WATER METER HOME 510*P0R MANUAL WATERING OONTROL WIRING 0 NO IPSO CONCRETE REINFORCEMENT, NON-STRUCTURAL WELDED WIREMEOH MATERIAL WIL040 WIRE MESH LANOR ARCHITECTURAL PRIMP(' OONORITB OONORBTE PRAMS (4 MOM NO SPEO DRWOS. 10 NO SPEC METAL PAERIOATIONS ORWOE. -TREE ORATE; DROPS. PIPE BOLLARD; 11 OfV, 10 M160. SPECIALTIES. DIMS. FLAGPOLES 12 DIV 14 MECHANICAL 01500NNEOT PLUMBING & MAXI SAFE POI. DEMOLITION REMOVE PREON & MAKE GAPE PM! DEMOLITION 11 DIVAS ELECTRICAL DRWOS. ELECTRICAL DUCT BANK MATERIAL J. LABOR SUB 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 NIO NIO N10 NIC NIO N10 0 0- 0 0 0 0 18,612 1,000 0 000 000 886 0 0 0 8110 N10 NIC 1110 NIC N1C 04,19 TOTAL N10 0 0. -De, 0 10,112 2,028 0 NIO NI0 34,60 SUBCONTRACTORS NAME INOLUDOOIN OWNERSALLOWANQE ^--INOLIJDO01N OWNERSALLOWANCE INCLUDED: 114 OWNERS ALLOWANCE 7NOLU0EO:IN OWNERS ALLOWANCE 1410»EYOWNER ,INOLUOEP IN OWNERS ALLOWANCE W0LUOE0IN OWNERS ALLOWANCE 010LU0E01N OWNERS ALLOWANCE INOLUDE07N OWNERBALLOWANCE INCLUDED IN OWNERS ALLOWANCE !HOUR E) IN OWNERS ALLOWANCE WOLUDSDIN OWNERS ALLOWANCE INOLUDIDIN OWNERS ALLOWANCE INCLUDED IN OWNERS ALLOWANCE 1110 •EY OWNER INCJ.U0001N OWNERS.ALLOWANOE INMLUDGD IN OWNERS ALLOWANCE INCLUDED IN SITE 00NCRETE INOGUOOD IN SITE QPNORETE INCLUDED IN SITE CON0RE71 NOTINOLJ8EE BELOW NOTJNOLJSEE BELOW IRONSMITHMAO DIXIEMETALSNAO NOT INCL./SEE BELOW NOT INCLJSIE BELOW ROOER8 BROTHERS/ BONDED 0oLTBO/ BONDED Pip/BONDED ILL INSEPERATE OMP FOR DUCT BANK & WATER MAIN 0 20,28 2,08 04,68 018P 0.00 0.00 o.ob 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.08 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 040 040 0.00 0.20 0.02 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.34 040 02/0E4002 =JPM JAMES A( _) 4INGS, INC. VILLAGE OP KEY EIOOAYNE SITE & SITE INFRASTRUCTURE ARONITEOT: SPILL'S CANDELA DMJM OMP PROPOSAL DATE: FEBRUARYS, 2002 TWO PROPOSAL 10 OONTINOENT UPON CUMMINS$ CONSTRUCTING TH01(0YBI80AYN6 CIVRJ RECREATION CENTER: 114TNEAVEN1 CUMMIN00 DORSNOFCONSTRUCT THE KEY BISOAYNE CNIC RECREATION CENTER 11416 PROPOSAL SHALL BE NULL & VOID PHASES 4 & 0 WITHOUT FM AND SOUTHER BELL:' TOTAL AREA 102,000 SP GRAND TOTAL FOR DUCT BANK 4 WATER MAIN PON DUCT BANK & WATER MAIN PON DUCT BANK & WATER MAIN FOR DUCT BANK & WATER MAIN FOR NOT BANK & WATER MAIN PON 0001 BANK & WATBR MAIN FOR DUCT BANK & WATER MAIN 1410 • NY OWNER NIO • BY OWNER NW • BY OWNER NIO • BY OWNER I1401UDE0 INCLUDED INCLUDED INCLUDED IN 8110 OON0RET6 INCL006D NM • Eel OWNER NIC • BY OWNER NW • BY OWNER NOT REQUIRED/ NOT INCLUDED INCLUDED INOLODED IN PHASE 1 INCLUDE) INCLUDED NOT REQUIRED! NOT INCLUDED 'MOTION DROSS, MIMIC ORWGS, DRWOS, IRWO& PROWS, DIWOO, DAWOS. ORWOO, 0RWOO. 611w0& ORWOS, DRO00: MOM, DRWO& owes. DRAMS, bRW06. DRWOS. DRWOO, DRW0S, 0160111 TION;: MATERIAL LABOR SUB TOTAL SUBCONTRACTORS AM$ NSF OOMMUNMATION 0007 SANK" . . . TuLIMHONLI & OAELE TV NOT BANK PP&L MANHOLES • PURN1316D BY PP&L INSTALLED 1111 CONTRACTOR FPSL CONDUIT • FURNISHED BY FPALINSTALLED 0Y OONTRACTOR 60LL00UTH MANHOLES• PURN. & INSTALL BY CONTRACTOR 00MMUNIOATION MANHOLES. FURN. & INSTALL SY CONTRACTOR WATERFROOPINO OF MANHOLES PPM. POWER P0110. NIO TEMPORARY FP&L POWER POLES • 1410 PP&L 00N0001'OR0 & *ARLES • NIO PAD MOUNTBD TRANSFORM1R0 • NM 6T1EBT LIGHTING PLANTER 110X11140 PRBOA0T LIGHTPOLE BASES TO MEET WIND LOA01N0 REQ. COWAN'. EQUIPMENT PADS FINER REINFORCED PLASTID ENoLOSUREs RELOCATE E111ST'0 LIGHT POLIO A LIGHT POLE PULL BOXES • NIC REMOVE EMOTING PP&11.10147 POLED & FULL BOOB - WO $EMOVE EXISTING FP&L OVERHEAD POLE & POWER 1W58.1410 OONNEOTION TO FOUNTAIN PUMP & CONTROLLER ILLUMINATION THRONG SIGNED & SlAL8D BY PE C0NN00TION TO IRRIGATION OONTROLLER TEMPORARY 01.0071410 DISOONN00T EXISTING & MAKE SAFE FOR 06010111(014 MODIFY EXTENT OP. RESTORATION BY ADDING SURFACE WORK TO UNDEROI IOL IN $EPERATE OMP 401. IN SEPERA76 01414 IOL IN SEPERATE OMP MIN SEPERATE OMP 101. IN SERENA'S 01414 101114 OPERATE OMP IOL IN 6EPERATE OMP SUBTOTAL.` OHEOK SUBTOTAL SALES TA%0.1% LABOR 6URD6N, SUBTOTAL OWNER'S MIDTOWNS LIABILITY INSURANCE 60100011% RISK INSURANCE --._: PERMITS PERPORMANOE 0010 02/00/2002 03:28 PM 25,040 11,10 230,60 JAMES A. CUMMINGS, INC, 320,80 320,800 1,028 7,047 338,081 0 2,300 2,900 4,000 OWNER ALLOWANCE OWNER ALLOWANCE 330,05 0 2,300 2,800 4,000 0.00 0.00 0.00 0.00 0.00 0,00 0.00 0.00' 0.00 0.00 0.00 0.00 0.00 0.00 040 0A0 0100 0.00 0.00 0.00 0,00 0.00 0.00 0.00 1.20 0.00 0.00 0.00 0.00 0.00 0.00 0.00 8.20 0.00 0.00 042 0.08 0.04 0,00 6 VILLAGE OF KEYBISCAYNE VILLANO OF NY BISCAYNE 811E & SITE INPRA8TRUOTURB ARQHR'EOT: OPILLIS CANDELA DMJM OMP PROPOSAL DATE: PEERUARY 8, 2002 THIS PROPOSAL If 00NTjN ENT GPM OUMM:Nos OONSTRUDTING THE KEY 818oAYNE CIVIC RECREATION °VOTER. IN tHE EVENT OUMMINOS DOES CONSTRUCT THE KEY BIsoAYNE CIVIC REOREATIDN-OENTER THIS PROPOSAL SHALL BB NULL O VOID PHASES 4 O 0 WITHOUT PPSL AN0 SOUTHERN BELL TOTAL AREA 102,0008P - bRANDTOTAL DEBOKIPTION SOEtotAL MATERIAL 0fli0W NA$5PNR OONSTRUOTION MASS PEE E%TRNb PROJEOT.TWOANO A HALF MONTHS FOR INFRASTRUCTURE WORK DONSTRWOTION 00NTIN0180Y OWNER OONTINOENCY OVERHEAD ► PROFIT. OWNER'BCALIN 'VAX SAVIN08 PROGRAM SUBTOTAL SUBTOTAL SUBTOTAL SUBTOTAL TOTAL 7HE POLLOWINO ITEMS OP WORK ARE BEPARATR OWNER ALLOWANCES WHICH AN NOT INCLUDED IN 78)0 PROPOOAL AND WNICN D0 NOt mNoLUDE. ANY CONSTRUCTION MANAOBR'0 MARKUPS P011 PBRMITO, TARES, INSURAN0E, *0808, CONTINOONOIES AND OVERKBAD AND PROFIT. POUNtAINAT WEST MOINT7RB 0111681 FEATURE COLUMNS .11 BACH TNAPPIO OIROLKARONITEGTURAL KLEMONT PARK OAZR00 TRELLIS AKOHITEOTURAL PRBCA0T M100, SPECIALTIES FLORIDA POWER & LIGHT AND SOUTHERN DELL WORK PROVIDED 8? OWNER LABOR SUB 0tAL 844,881 6U8W0NTRACTORB NAME NOTINOL. 0 INCLUOEJN REQ.°RNTOR 0`101.8 OPERATE GMP FOB OUUDT BANK 8 WATER MAIN 644,081 6,000 048,081 6,000 684,881 11,074 670,016 (6,817) 688,100" 80,000 40,000 128,000 21,000 48,000 4,000 0,000 OWNER ALLOWANDE 810 OWNER ALLOWANCE Nis 041/1ER'ALL CWANQB NIC OWNER ALLOWANCE NIO QWNNO�RR ALLOWANCE 810 OWNERVALLOWANOE NIC QWNER ALLOWANCE NIC WWRK BY OWNER • WORK BY OWNER • WORK BY OWNER •WORK 8Y. OWNER •WONK 8Y OWNER • WORK BY OWNER • WORK BY OWNER 0 SEE ELECTRIC 000T BANK & WATER MAIN OMP TOTAL 276,000 644,881 NOT INCL. 0 0 644,081 8,000 640,081 0,000 614,881 15,074 370,065 (1,817) 666,166 S/P 8.0 0.00 0.00 0.00 0.00 0.00 8,68' 0.00 0.06 0.00' 3M 0,00 0:00 0,00 3.48 0.00 0.18 0,00 3,04 0,00 (0,00) 0.00 818 02108/2002 4PM JAMES Zt ✓fMGS, INC. 0 7 VILLAOE:OP KBV SITE► SITEINP$ASTRUOTURE �•3' . AROIIME0t' d ILA. flMIGBLA DMJM = OMP PROPOSAL DATE: PEORUAPW 8.2002 GENERAL 001101710X%: S99 WINDOW INTEND PROJ00T TWO AND A HALF MONTHS FOR INFRASTRUCTURE WOO NOTEf WORK PROM CRANDON BLVD 10' WEST ALONG NORTH VILLAGE GREEN WAY IS NOT .INOLUDBDANO SHALL BSPROVIDED BY OTHSRS 006201$PIL1 SOIL INVEStMATION DATA RflOR7 ET ESE NO 1010 000RDINATION-DRAWING$ NO SPED MOLD SNGINEERINO ' FINAL -SURVEY OWNER ALLOWANCE* • PURNISHANS7ALL COMPLETE 1.064170 LANDSOAPINOISODIIRRIGATION 2. FOUNTAIN AT WEST MOINIYRE *TRIVET 8, FEATURE COLUMNS • 8 EACH 4. TRAFFIC CIRCLEAROHITEOTURAL ELEMENT 6, PARK GAZEBO , O, TRELLIS 7,AR0HITICTURAL PRECAST 8.72180. SPECIALTIES 3. COMMUNICATION OUOT BANKS BETWEEN 61008 10. POLME SECURITY CONDUIT. 11, PIKE SECURITY CONDUIT 12. PLOKIDA POWER 8 LICHT AND SOUTHERN SELL CONSTRUCTION PHOTOGRAPHS NOBPEO NO SPINS NO SPEC octant CONTROL BY OWNER 2 NO SPRO MAINTENANCE OP TRAPPIC CRINOS, TEMPORARY FENCE' DRWOS, BARRICADES. DRWGS, PIASTIO DRUMS -0RWOS. SIONAOE MOS. WARNING LIGHTS & PLASNERS DIMS, ALL SNINAGE& BARRICADES PER PDOT RIO MAINTENANCE OP OIGNAOB & $ARRIOADBO 2 02060 WPM) DEMOLITION,, REMOVALS AND REL00ATION 1.3 000ROINATION 1.4A PR07007 OUSTING TO REMAIN ,0 ` INVIORNMENTAL PROTECTION 1.S TRAM/10 MAINTENANCE 3.4 PILL HOLES AND HAZARDOUS OPBNIN08 02108/2002 03:23 PM VILLAGE OFt ISCAYNE PHA8B 1 WITHOUT PP&4 AND SOUTHERN BELL 0 0 0 38,32 38,320 0 I0L IN SEPERATE OMP FOR DUCT BANK A WAT 6,7 0,2 166,0 NIO 1110 NIO NIO N10 RIO 1110 NIC 6110 NIO N10 NIO NIO NIO 1210 NIO NIO N10 NIO 6110 1110 1110 NIO 1110 IN GC'S 72,30 JAMES A. CUMMINGS; INC. 8,70 4,27 106,00 NIO X10 NIO NIO N10 NIO N10 0 JAC R MAW JAO JAO/OALANCE IN SITEWORK' JA0IWAO OWNER ALLOWANCE NOT INOLJSEE BELOW N071NCLJ800 BELOW NOT INOLISEE BELOW NOT INCLJSOE BELOW NOT INOLJSEE BELOW NOT MUM BELOW.. 1107 111CL.180E BELOW 01CI. IN BEPERATE 0MP FOR DUCT BANK R WATER MAIN 0 ICL IN BEPERATE 0MP FOR DUET BANK & WATER MAIN 0101. IN SEPERATO 0MP FOR DUCT BANK& WATER MAIN NIC NOT MCL.1860 BELOW 72,300 INCLUDED IN OENERAL OONDI710N8 NIC-117 OWNER INCLUDED IN EARTHWORK INCLUDED IN EARTHWORK INCLUDED IN EARTHWORK INCLUDED IN EARTHWORK INCLUDED IN EARTHWORK INCLUDED IN EARTHWORK INCLUDED 161 EARTHWORK INOLUDOD W EARTHWORK 0.00 0.38 0.00 38,32 6,70 8,27 10,00 0 WILbCAT BONDED 72,30 INCLUDED INCLUDED INCLUDED INCLUDED INCLUDED 0.o0 0.00 0.00 0.00 coo` 0.00 0;04 0.00 0.00 0,00' 1.62' 0.00 0.00' 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 moo too 0.00 0.00 0,00 0.00 0.00 0,00 0.00 0.00 0.00 0.00 0,00 0,00 0,71 0.00 0.00 0.00 0,00 0.00 1 VILLAGE. OF KEY BISCAYNE WLLAOR OF KEY BISOAYNE SITE & 81TI INPRASTRUOTURB- ARCHITECT: (WILLIS CANDELA DMJM OM►PROPOSAL DATE: PEERUARY 0, 2002 SA REMOVE MATERIALS AND DEBRIS FROM SITE 3.6 SALVABLE MATERIALS DRW00. REMOVE IX@71NO BANKIBUILDINO DEPARTMENT BUILDING Moos, REMOVE EXISTING BLDG, SOUTH 0108 OF SITE DRWo6. REMOVE SITE WALLS & POOTIN011 0RWOS. REMOVE SIDEWALKS DEMOS. REMOVE PPE 1.10147 POLES DRWOS. REMOVE PP&L POWER POLES A PULL BOXES bIIWOS. RELDOATE PP&L POWER POLES & PULL BOXES DRWOS, SURPAOB'DEMOLITION DRW08. SAWOUTTING EXISTING ASPHALT ORWGB. _REMOVE ASPHALT SURFACE SEASE 4 02520 (SPIN EARTHWORK LSAA PROTEOT:EXISTING STRUCTURES&PROPERTY .2 PROTECT EXISTING STREETS & SIDEWALKS 12 LAYOUT &A0•EN1L7* $A CLEARING & GRUBBING DRW08. REMOVE EXISTING TREES DRW00, "R*LOOATB EXIOTINO TRIMS &4.A REMOVE & DISPOSE OP SURFACE LITTER S. DEBRIS .0 87R1P A STOCKPILE TOPSOIL S REMOVE TOP 101, SOIL WITHIN CONSTRUCTION AREA DISPOSAL OP UNSUITABLE MATERIAL 3.11 SITE -PILLING &OOMPAOTION A PROOF ROLL OUT SURPASS! SA EXCAVATION FOR STRUCTURES $1 BAOKPILL AND OOMPAOTWO 3.0 DISPOSE OP EXOEES MATERIALS SA DEWATERINO(NO 00E0. PLACED IN WATER) 6.10 TESTIN0 EY OWNER 0.11 PREPARATION FOR TOPSOIL 0 02611 (RIM ASPHALTIC CONCRETE PAVING E.4 SUBORAD! STABILIZATION 12" 54 EASE 00111183 MOOCH 8" 28 PRIME & TASK COATS 2A ASPHALTIC CONCRETE 1112" TYPE 8 3.2 71671140 BY OWNER PAVEMENT RESTORATION DRWOS. NEW MEDIAN OUT AT ORANDON BLVD, ORWOS. MODIFY EXISTING MEDIAN OUT AT CRANDON BLVD. NO a PORTLAND CEMENT CONCRETE PAVING 02414 (OIL) 00E0. SIDEWALKS, OURB8, CURBS & GUTTERS & WHEEL &TOPS 3.1 00NORETE SIDEWALKS PHASE 1 WITHOUT PP&L AND SOUTH 0 0 G 0 0 0 0 0 a 0 0 0 NIO N10 1110 1410 NIO 1410 1410 N10 1410 N10 NIC 280,02 NI0 RN BELL NIO 1110 NIO 280,42 NIO INCLUDED NONE SHOWN/ NONE INCLUDE0 INCLUDED INCLUDED INCLUDED INCLUDED NOT INOLJSEE BELOW NOT IN0L/BEE BELOW NOTINCLJEEB BELOW dNOLU080 IN EARTHWORK , INQ1•UDEDIN EARTHWORK ,. :• ;INCLUDES IN EARTHWORK , METRO EN01113ERIN0 INCLUDED INOLUD$D INCLUDED INCLUDED INCLUDED NI0. BY OWNER INOLU080 INOLU030 INCLUDED NOT INCLUDED INCLUDED INOLU08D NOT.INOLJ88E BELOW INCLUDED INCLUDED INOLUDBD NIC • BY OWNER lN0111DED 1NO1.UDED IN EARTHWORK INCLUDED INEARTHWORK INOLU08D IN EARTHWORK INCLUDED IN EARTHWORK INCLUDED IN EARTHWORK MC • BY OWNER 141.. IN SEPBOATE OMPPOR DUCT BANK B WATER MAIN INCLUDED IN EARTHWORK INCLUDED IN EARTNWORK NONE SHOWN/NONE INOLUDED INCLUDED W EARTHWORK & SITE CONCRETE INCLUDED IN 31TE 00NCRETE 200,02 0.00 COO 0.00 0,00 0.00 0.00 0.00 0,00 0.00 0,00 0,00 0,00 0.00 2.81 0.00 0,00 0.00 &210 MOO 0,00 0,00 0.00 0,00 0.00 0.00 0,00 0.00 0.00 0.00 0.00 0.00 0.00 0,00 0.00 0.00 0.00 0.00 0,00 0,00 0.00 0.00 0.00 0,00 0.00 0,00 02/OB/2002 }P JAMES P(, J`Ii11NGs, INc. VI(.LAOOAP KAY 81M6AYNIF ECM ✓1171 INPRASTRUOTURE ARCHITECT: SPU.LISCANDELA DMJM OMP PROPOSAL DATE: PRBRUARV 8, 2002 9.3 OURn *2 0URB$&GUTTERS 0A - TBSTINO EY OWNER bRWOS r DONORET& BASE FOR PAVERS AT PIRESTATION CURB OUT CRWOS" C CONCRETE SIDEWALKS DRWOS 12" & IV WIDE 00NORNTE BANDS DRWMS. 00107180 00N0. AT OURB9, GUTTERS, SIDEWALKS & BANDS DRWOS CURBS AT YR0E DIMES SDI SITE CONCRETE WINDOW 02150 (S►IL) PAVEMENT MARKING 1.9 PER PDOT $PE0MICATMNS 11.11 SPAR&PAINT NO IPSO, CITE S10NA00 NO SPED. TRAFFIC MIONALIEATION 6 02222 (SPIL) EXCAVATION, BAOKPILLING AND COMPACTING FOR (1111.1188 1A,N+0 - PROTE01 IXISTINO UTILITIES, 011)0WALKS & STREETS HAND BXOAVATION 1.1A OOWAYBRING .0 REMOVE UNSATISFACTORY 0011. OA TOOTING BY OWNER 02910. WATER DISTRIBUTION . 1,1A.1 WATER WINTERS 1 A TAP TO THE EXISTING LINO ,0 - MITER DEPOSITS & MERVIC& CONNECTION CHARGES BY OWNER GI DUCTILE IRON WI 08MNN7 MORTAR LINING 3a JOINTS 3A 1I1TINOb & SPECIAL 17ENX1 2A VALVNI O.b CAST IRON VALVE BOXES 2.5 PIRR HYDRANTS 3.1A nre1NPROTION - 5.2 00PPNR MIPIMO POR WATER 1111111/101111.114118 9" 011 LIMB 0.2 OUOTIL& IR0N PIPIN0 FOR WATER SERVICE 1.0420 4" OR LARGER 940 THRUM' 111.00101 1.11+11 TESTING BY CONTRACTOR 0,12+15 OIOINFE07I0N & CONNECTION TO 02187: WATER MAINS BAOKPLOW PRININTORS 8, WIMPS DRWOS_ *0,NSUXISTING WATER MATER VAULT 01001041 REMOVE EXISTING WATER METER VAULTS ,. DRWO3 OAP BXISTINO WATER LINO PROVIDEWATEN SERVICE TOFOUNTAIN PROVI02 WATER SERVICE T01RR10AT10N 02720: - STORM DRAINAGE SYSTEM 2.1A OORRUOATEDALUMINUMPIPE PHASE 1 WITHOUT PP&LAND SOUTH RN BELL VILLAGE DF' ,iISCAYNO' >: 32,02 140 BID NIO 18,8 1,42 NO BID NO BID NIO 113,62 NIC 48,3 INCLUDED IN EARTHWORK INCLUDEb IN EARTHWORK` NIO • BV OWNER INCLUDED IN 817E 001DRB1E INCLUDED 114 SITE 00N0RETE INCLUDED IN SITE CONCRETE INCLUDED IN EARTHWORK & SITE CONCRETE INOLUDBD IN 817E CONCRETE JAC 94,33 INCLUDED 114 EARTHWORK INCLUDED IN EARTHWORK /NOLU0ED 112 EARTHWORK INCLUDED IN EARTHWORK NOT INCLU080 BY OWNER 113,82 MEOATRANI 80NOBD INOLUDMD INCLUDED. INCLUDED 0 NOT INCLUDED 0 NIC•EY OWNER O ICL IN88PERATE OMP POR DUCT BANK & WATER MAIN 0 NIO •BY OWNER O !OLIN SEPERATE OMP POR DUST BANK & WATER MAIN 0 110 • BY OWNER O ICL IN SEPERATE OMP POR DUCT BANK & WATER MAIN 0101.1N OPERATE OMP FOR DUCT SANK & WATER MAIN 0101.114 IBP*RATE OMP POR DUCT BANK & WATER MAIN O ICI. IN SEPERATE OMP POR DUCT BANK &WATER MAIN 0 031. IN 80PERA70 OMP FOR DUCT BANK & WATER MAIN 0101.141 SEPERATE OMP POR bUOT BANK & WATER MAIN O ICL IN SEPERATE OMP POR DUCT BANK & WATER MAIN 0101. IN SEPERATE OMP FOR DUCT BANK & WATER MAIN O ICI. IN SEPERATE OMP POR DUCT BANK & WATER MAIN 0 OEP0RATE OMP FOR DUST BANK & WATER MAIN 010E IN SEPERATE OMP FOR DUCT BANK & WATER MAIN o ICL IN &EMIRATE OMP FOR DUCT BANK & WATER MAIN 0 NONE BNOWNINONE INCLUDED 0 !OLIN BEFONATE OMP FOR DUCT BANK & WATER MAIN O ICI IN 8BPORATE COMP FOR 010T BANE & WATER MAIN O ICL IN SEPERATE OMP POR DUCT BANK & WATER MAIN NI0 NOT 11401../SEE BELOW O ICL IN SEPERATE OMP POR DUCT BANK & WATER MAIN 0 INCLUDED 0 INCLUOBD 113,62 0.00` 0.00" 0.00 0.00` 0.00' 0,00" 0,00' 000 0.11 0.00` 0.00' 0.00' 0.00 0,00 Coo 0.00 0.00 0,00 0.00 0.00 0,00 5,11 0.00 0.00 0.00 0,00 010 0.00 0.00 0,00 0,00 0.00 0.00 080 0.00 0.00 0,00 0.00 0,00 0.00 0.00 0.00 0,00 0.00 02/08120020323 PM JAMES A. CUMMINOS, INC. 3 VILLAGE OPKEY BISCAYNE VILLAS@ OF KIT BISCAYNE ANTI &SITEINPRASTRUOTURE AROHITBOT, 6PILLIS CANDELA DMJM OMP PROPOSAL OATS: PORUARY 0, 2002 .0 OORRUOATIOSTIE. PIPE W/ BITUMINOUS COATING 2,2 DRAINAGE BTKUDTURSS SAO BALLAST ROOK & PLASTID PILT@R PAM=C 1,S IMPETRATION TRINOH S,0 11tl11N0 OY OONTRAOTOR DRWOS, ADJUST EXISTING CATCH BASINS TO REMAIN ONWOI, GAP !AMINO STORM SEWER DRW08. REMOVI OXIOTINOOATON RASING AND ASSOCIATED PIPING DRW00, RIMOVB EXISTING TRIM DRAIN ORWO1, NIMOVE /%HYING PRAMS S ORATE' AND PROVID@NSW DIMS, IXPILTRATION TRINCH TO 10' BELOW EXIST'0 GROUND ELEV. NO SFEO SANITARY SEWER SYSTEM Pink PITTINOB & MANHOLES TESTING A INSPEOTIDN SY 00NTRAOTOR SANITARY SEWER POR FOUNTAIN 7 02117 4011D INTIRLOOKINO 0000, PAVERS Sg II VS" TK1D11 ROYSHAPE & REOTANO.AT EDGES 2.S 0005 RIOTRAINTS - 2R SAND IATIN004URtlE 1" J1 SAND Foil S'.OJI OUT PAWN' WITH MASONRY SAW TOLYRANONs 1182"OPPSIT & 110" IN 10' FROM LEVEL .0 EXPANSION &CONTROL JOINT*. SEALANT PILLED ILO SOILOTERILI2ER VIIMATI 0000. PAYERS INTO LEVELING COURSE .S-0 SAND PILL ATJOINTS SI NSPAIK, OLIANINO & P110TI0TION DRAMS. OONORITE PAVER ROADWAYS ORWOS. 00NORETE PAVER PARKING ARIAS DRAMS, - 00004011 PAWN SIDEWALKS ORWOO, 00LORSD PAVIRS FOR TRAFFIC MARKINGS ORWGO. ' 12" STAIILIZID SUB.ORADE DRWGS, 0" OR 0" LIMIR00K BA00 ON BITE OONORITI PAVIRS AT PIRI AND FOLIC@ 0 NO IPSO LANDSCAPING ORW08, PLANT MATIRIAL PLA 110,1 OR BETTOR CRWOS, MULCH ORWOS. W000 CONTROL FAIRS) DR@ro1. TRIO RELOCATION DRW00. MAINTENANCE UNTIL FINAL.AOQEPTANOE DRWGI, QUARANTINE H YEAR FROM ACCEPTANCE N1i8►80 -80001X0 OERTIP10b TURPORASS.ST. AUGUSTINE OR KENTUCKY BLUE PHASE 1 WITHOUT PPALAND SOUTHERN. BELL 0 0 0 0 0 1110 NIO NIC 128,17 NIO 128,17 INCLUDED INCLUDED .INCLUDED : _INCLUDED ..-140,14000'INOLUDDD ,:-INCLUDED INOLUDEb INCLUDED INCLUDED INCLUDED 04 0,,,RO IjI.g,RPERATBGMO 70R ASMIN/R0L100 BL00 D C USED IN SEPEIATE OMP POR ADMIN/POLIOI BLDG 0141,0110 IN S@PEMATEOMP P0R AOMIN/POLICE BLDG NOT INQLJS0O BELOW HOLLYWOOD STONE/ ION00Q INOLUD00 AS 2a/8" RECTANGULAR INOL INOL 0101. 4401. INOL II NOTINOLUDED INOL 11101. INOL 11101. 1NOL INOL INOL VIOL -INCLUDED IN EARTHWORK 3INOLU000IN SARTHWORK INOWDND INO1UDBD IN OWNERBALLOWANOB ]NOLUOBO 114 OWNERS ALLOWANCE INOLIMMb 1N OWNERS ALLOWANOI 110140ED IN OWNERS ALLOWANCE 010. BY OWNER IN4LUDEb IN OWNSKS ALLOWANCE INCLUDED IN OWNERS ALLOWANCE IHCLUDEb IN OWNERS ALLOWANCE INCLUDED IN OWNERS ALLOWANCE 120,17 0,00 0.00 GAO' 0.00 0;00 0.00 0.00 0.00 000 0.00 0,00 0.00 0,00 0.00 0.00 0.00 1.20 0.00 0.00 0.00 0,00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0,00 040 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0,00 0,00 0,00 0.00 0,00 0.00 02108)2002\4 JP JAMES A( '1jlINGS, INC. 4 VEUOE OF KEY N80AYNE SITE SITE INFRASTRUCTURE. ARCHITECT: !WILLIS CANDELA DMJM OMP PROPOSAL DATE: FEBRUARY 8, 2002 PLASTID /WINO ORWOE, 1" PLANYING 2011. UNDER ALL 800 DRWOS.. OUARANTEE • 8 MONTHS PROM COMPLETION N0811101 IRRIGATION ORWOO. BAONPLOW PREVENTS*' ORWOS• WATER MITER ORW08, 14028 EMS P0R MANUAL WATERING 001471101 WIRING 8 NO SPEC 0011011111 REINPOROEMENT, NONSTRUCTURAL WELDED WIRE MESH MATERIAL WBLD80 WIRE MESH LABOR NO SPBO ARCHITECTURAL PRECAST 00N0118T0 DRWOS. OO110RETE BOLLARDS 10 NO SPEC ANITAL FAER10AT10N8 DRWOS, TREE GRAM DRWOS, PIPE BOLLARDS 11 OW.10 MO. SPEDIALtIS8 DRWON. PLAOPOLBS 12 DIV1S MBONANNIAL OM00NNEOT PLUMBING & MAKE SAFE PON DEMOLITION REMOVE FREON & MAKE SAFE P0R DEMOLITION 12 DIV. 1S -EL1OTRNUL ORWOS: ELBOTRIOAL DUOTEANK OROS COMMUNICATION OUOT BAN WK DORIS. TELEPHONE A CABLE TV NOT BANK MRWOS, PP&L MANHOLES. FURNISHED BY PM INSTALLED BY OON7RA0TOR DEWS, PPAL OONDWT.FURNISHED BY PPSL INSTALLED BY CONTRACTOR bRWOS, BELLSOUTH MANHOLES. PURN. & INSTALL BY CONTRACTOR DRWOS, OOMMUNIOATION MANHOLES.. ?URN. B, INSTALL EY CONTRACTOR ORWOE4 WATERPR00PIN0 OF MANHOLES ORWOO. PEAL POWER ►0100. N10 0146600, TEMPORARY PP&L POWER POLES • NM DRW00. PP&L CONDUCTORS & 0A84E0.11(0 DRWOS, PAO MOUNTED TRANSFORMERS • 1110 own, rSTREET LIMITING bRWO$. PLANTER LIONTINO ;- MOS. . .. PRECAST LIOHTPOLB BASER TO MEET WIND LOADING REQ. DRWOE, 001401ETE SOUIPMBNT PADS DRW00, PEAR RBINPOROED pLASTIO ENCL08URE8 VILLAGE OF\ ,PIIt;CA`/Ng_,. PHASE 7 WITHOUT PP&L AND SOUTH 0 NIC NIO 1110 NIQ N10 NIO 0 0 0 0 24,680 1,880 1,200 1,800 0 0 N10 1410 NIO NIO 1,070 0 N10 NIQ 0 0 260 600 0 118,447 RN BELL INCLUDED IN MINERS ALLOWANCE INCLUDED IN OWNERS ALLOWANCE INCLUDED IN OWNERS ALLOWANCE INCLUDED IN OWNERS ALLOWANCE INCLUDED IN OWNERS ALLOWANCE NI0.8Y OWNER INCLUDED IN OWNERS ALLOWANCE INCLUDED IN OWNERS ALLOWANCE N10 NIO 0 0 22,420 4,078 0 1410 NIO 0 0 260 JACI WAO 600 JAOI WAO 0 118,444 PIBK, BONDED 0101.114 88PERATE 0MP FOR DUCT BANK & WATER MAIN 0101. IN SEPARATE 00/24 POR DUCT BANK & WATER MAIN 0 IN 88PERATE OMP POR DUCT BANK & WATER MAIN 0101. IN SEPERATE OMP FOR DUCT BANK & WATER MAIN 01CL IN BEPERATE OMP FOR DUST BANK & WATER MAIN 0 16l IN BEPERATE OMP FOR DUST SANK & WATER MAIN ICL IN BEPERATE AMP FOR 01507 SANK4. WATER MAIN 101 tN OVERATE OMP FOR DUbt BANK & WATER MAIN NIC . BY OWNER NIO • BY OWNER NI0 • NY OWNER NIO NV OWNER IN01.UDED INCLUDED INCLUDED INCLUDED IN SITE CONCRETE INCLUDED INCLUDED IN BITE OONORET8 INCLUDED IN 8178 CONCRETE INOLUDEOIN BITS CONCRETE NOT IN0L.18EE BELOW NOT INCLfMEB BELOW IRONSMITHIJAO DIXIE METALSfJAC NOT INCLJ8EE BELOW NOT INOLJ8E8 BELOW 28,28 8,88 0 5.00 0 0.00 0.00 0.00'' SAO' 0,00 coo' SAO" o,ob 0.00 0.00` 0.00 0.00 0.00 000 0.00 0.00 0.20 0.01 0.00 0.00 0.00 0.00 0,00 26 0.00 60 0.00 o,00 148,44 1,18 0.00 0.00 0.00 0,00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 i i 02/08/2002 03:23 PM JAMES A. CUMMINSS, INC. 5 VILLAGE OF KEY BISCAYNE VILLAGE OP KEY BISCAYNE BITS S SITE.IN FRABTRUOTURE ARONREOtI WILLIS CANDELA DMJM OMP PROPOSAL DATE: FEBRUARY 8, 2002 DRW00, RELOCATE EXIST'S LIMO POLES & LWHT POLE PULL BOXES• NIO. DRW00, REMOVE EXISTING P&L LIGHT POLES & PULL BOXES • NIO DNWOS, REMOVE EXISTING FPAL OVERHEAD POLE & POWER LINES • NI0 DRWOG, CONNECTION TO FOUNTAIN PUMP A CONTROLLER DRWGS, ILLUMINATION TE5TIN0$IGNED & SEALED BY PE CONNECTION TO IRRIGATION CONTROLLER TEMPORARY ELE0TRI0 DISCONNECT SX14TIN0 S MAKE GAPE PO* DEMOLITION M001PY EXTENT OP RESTORATION BY A00IN0 SCRAMS WORK TO UNDEROR SUBTOTAL 0HS0K SUBTOTAL SALMI TAX 4A'4 LABOR EURDEN OWNER* PR0TSotivf LIABILITY INSURANCE BIDf'S RISK INOURANOR PERMITS PERPORMANOS EON) SUBTOTAL SUBTOTAL PHASE 1 WITHOUT PPALAND SOUTHERN BILL 0- 0 - 0 s ":.. r-. too. :@YOWNBR. 0 0.00 0. 0 8 - WO/ BY OWNER 0 0,00 0, 0 0' ^" . -. -..N10nSYOWNER 0 0.00 NIO NIO NIO NI NOT BIOL./SRN SELCW- 0 0,00 0 0"` - . - INCLUDED. 0 0.00 0 b �"- <. INCLUDED 0 0.00 0 INCLUDED. 0 0.00 0 0 tIYOLUpMD 0 0.00 (00,000) (00,000)REDIT TO OWNER ALLOWANOE IN UNDERGROUND: OMP (30,000) (0.20( 0 0 0 0,00 0 0 0 0.00 D1010N PHASE PIE CONSTRUCTION PHASE P1E EXTEND PROJECT TWO AND A HALP MONTHS POE INFRASTRUCTURE WORK CONSTRUCTION CONTINGENCY OWNER00N?INGENCY OVERHEAD & PROFIT SUBTOTAL SUSTOTAL SUBTOTAL SUBTOTAL 47,80 20,60. 002,812 874,820 - 884,120 0.71 0.00 0.00 0.00 0,00 2,107 - 0.00 18,080 0100 0,00 084,120 -884,124 0.78 0.00 0 0 0,00 0,000 CANNER ALLOWANCE 0,000 0.00 8,700 OWNER;ALLOWANGB 0,700 0,00 11,400 - 11,400 0,11 0,00 1,017,880 1,017,880 8,88 0.00 NOT INCL. NOT INCL. 0.00 10,262 - 60,242 OA 01CI. IN SEPERATE OMP FOR DUCT BANK A WATER MAIN 0 0,00 0,00 1,008,140 _ 1,008,140 10E7 .-. . 0,00 12,000 _ 12,000 0.12 0.00 1,080,140 1,080,140 10,10 0,00 12,000 12,000 0.12 0,00 1,082,140 1,082,140 10.71 0.00 40,140 48,140 0:48 0,00 1,141,280 1,141,280 11.18 INGS, INC. 074,120 V ILLAGR 0? KEN EMDAYNE, SITE & SITE INFRASTRUCTURE ARCHITECT: *pima OANDEIA DMJM 3MP PROPOSAL OMB: FEBRUARY S, 2002 OWNER'S BALES TAR SAVINGS PROGRAM TOTAL TEE FOLLOWING ITEMS OF WORK MIS SEPARATE OWNER ALLOWANCES WHICH Mt NOT INCLUDED 114 THIS PROPOSAL AND WHICH DO NOT INCLUDE ANY CONSTRUCTION MANAGER'S MARK-UPS MR PERMITS, TARES, INSURANCE, 1104041, CDNTINOENOIES AND OVERHEAD ANb PROFIT. FOUNTAIN AT WEST MOINTYRE STREET MATURE COLUMNS S BASH -- TRAPNO CIRCLE AROHI760TURAL ELEMENT PARK OAIt60 TRELLIS ARCHITECTURAL PRECAST MISS, SPECIALTIES FLORIDA POWER & LICHT MW SOUTHERN BELL WORK PROVIDED BY OWNER TOTAL PHASE 1 WITHOUT PP&L AM) SOUTHERN HELL (17,1181 1,124,187 00,000 OWNER ALLOWANCE NIC • WORK BY OWNER 40,000 OWNER ALLOWANCE NIC • WORK BY OWNER 125,000 OWNER ALLOWANOE NIC • WORK BY OWNER 25,000 OWNER ALLOWANCE NIO • WORK BY OWNER 16,000 OWNER ALLOWANOB 1110 • WORK BY OWNER 4,000 OWNER ALLOWANCE NM 'WORK BY OWNER 0,000 OWNER ALLOWANCE MC • WORK BY OWNER 0 SEE ELECTRIC DUCT BANK & WATER MAIN OMP 276,000 (17,115) @ery 0.00, 1,124,157 11.02.,.. 02IOBI2002 03:23 PM JAMES`A. CUMMINGS, INC. 7 NO SPEC NO SPEC 2 NO OPOO DRWOS, 01411011, DRWOS, DRWOS, DRW06. ORwo&. VILLAGE OF KEY BISCAYNE VILLAOBOF KEY BISOAYNE OIT1 & ORB INFRASTRUCTURE AROHUBOTI SPILL'S CANDELA DMJM OMP PROPOSAL DAM FEBRUARY 0, 2002 PHA012WITHOUT IP&L AND SOUTHERN SELL PORNWOODROAD FROM WEST ENID DRLVi TC WEST MCINTYRE STREET rim 10TION DESCRIPTION MATERIAL LABOR SUB TOTAL SUBOONTRAOTORS NAME TOTAL AREA 102,000 OF GRAND TOTAL !MP GENERAL 00NOITION6 6BE WINDOW EXTEND PROJECT TWO AND A HALF MONTHS FOR INFRASTRUCTURE WOR NOTE: WORK FROMCRANDON BLVD 186' WEOT ALONG NORTH VILLAIN ORION WAY. 16 NOT INOLUDOD AND SHALL ON PROVIDED BY OTHERS 6002010PILI 0011. INVESTIGATION DATA REPORT OY K6O NO OPOO COORDINATION DRAWINGS NO SPEC MILD BNOINEBRINO FINALOURVOY - NO W M OWNER ALLOWANOBB, FURNISH/INSTALL COMPLETE 1, ON41TE LANDSCAPING/SOD/IRRIGATION 3. FOUNTAIN AT WONT MOINTYRB&TREOT i, FBATURO 004UMN0.0: EACH 4, TRAPPI 011101,11140H TECTURAL ELEMENT 0, DANK GAUB00 0, TRELLIS T. AROHITEOTUMLPRBOAST 1.MI00.SPECIALTIES OOMMUNIOATION DIM BANKS BOTWBBN SLOGS 10. P01101000UNITY CONDUIT 11, FRB S10URITY 00N0U1T 12, FLORIDA POWER 4 LIGHT AND SOUTHERN BELL CONSTRUCTION PHOTOGRAPHS QUALITY OONTROL BY OWNER MAINTENANOBOF MAPPIO TEMPORARY PBNOE MRRIOAD06 PLASTIC DRUMS SIGNA01 WARNING 1,10NTS & FLAMNBR0 ALL 010NA0E & BARRIO/WO PBR FOOT SPEC MAINTENANOE OF 310NA0E & BARRICADES 6 - 02080 (61611.1 OEMOUITION, REMOVALS AND 161,00471DN 1.3 OCORDINATION 02/08/200 P 0 0 3,004 3,084 JAC 0 O 101 IN SEPERATE OMR FOR OUST BANK & WATER MAIN 0 O 0 6 14,0 NIO N10 N10 NIC 1410 NIC NIC NIC NIC NIC NIC 1410 NEC N10 NIO NIC 6110 NIO NIQ NEC NIO 1410 NEC 1410 IN CO'6 JAMES ` ]MINGs, INC. 0 a 0 0 0 200 000 0 0 14,000 NIO 1410 1410 1410 NIP NIC 1410 0104 IN,SEPORATE 0601 FORDUCT BANK& WATER MAIN ba01jNt PECATE OMP rim Duct BMX WATER MAIN OLIN 6EP011ATE OMP FOR DUCT BANK & WATER MAIN 1410 NOT INOLJSOE BELOW JAC JAC/BALANCE. 114 SITEWORK' JA0MIA0 OWNER -ALLOWANCE NOT INCL./BOO BELOW NOT INOL.1056 OELOW 6107 INbLJSEE BELOW NOT I1401J865 BELOW NOT INCCJANN BELOW NOTINC1.10HB BELOW NOT INCL./00N BELOW INCLUDED IN GENERAL 0ONDITI0NS 1110' 01,9 OWNER INQLUOBD IN EARTHWORK INOLUDEO IN EARTHWORK 11404U000 IN EARTHWORK INOLU000 IN. EARTHWORK INODUDODIN EARTHWORK INCLUDED IN EARTHWORK INCLUDED IN EARTHWORK INCLUDED 114 EARTH WORK NOT REOUINED/ NOT INCLUDED NOT REQUIRE0/ 107 INOLUbE0 0 3,044 0 0 00 00 14,00 0.00 0.04 0.00 0.00 0,00 0.00 0.00 0,00 0.00 0,01 0.01 0.00 0.00 0.14 0.00 0.00 040 0.00 0,00 0.00 0.00 0.00 0;00 0,00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0,00 0.00 0.00 0.00 0.00 0,00 6.00 0.00 1 VILLAGE OF •, j1'SCAYNE mums or KEYBISCAYNE SITE 4 SITE INPRABTRUOTURB AROHITBOT: 'WILLIE OANDELA DMJM OMP PROPOSAL DATE: FEBRUARY 0, 2002 PHASE 2WITHQUT PPBL AND SOUTHERN BELL PERNWOOD ROAD PROM WEST ENID DRIVE TO WEST MCINTYRE STREET TOTAL AREA 102,000 30 ITEM SECTION 1AA- PROTON EXISTING TO REMAIN .6 .. BNVIORNMENTAL PROTECTION 1.1 T11APPIDMAINTENANQE 0.4. PILL HOLES AND HAZARDOUS OPBNINOS 0.6 -. REMOVE MATERIALS ANO DORM PROM 6176 0. SALVABLE MATERIALS ORWO6. REMOVE SKINNING BANNIEUILDING DEPARTMENT BUILDING ORW0& REMOVE BXNTINO OLDS.. SOUTH 610E 0P SITE WINGS, REMOVE SITE WALLS SPOONING. ORWOE' REMOVE SIDEWALKS ORWO$, REMOVE PP&L LIGHT POLES DINGS, REMOVE PPS'. POWER POLES & PULL' BOXES ORWOE, RELOCATE PPBL POWER POLE6 &PULL 80X60 DRWGS. &URPADE DEMOLITION DRWOS. SAWOUTTING EXISTING ASPHALT DRWOE. REMOVE ASPHALT OURPAOE & EASE DESCRIPTION 4 02220(SPIL) EARTHWORK 1,1.1.1 PROTECT EXISTING STRUCTURES & PROPERTY .2 PROTECT EXISTING STREETS * $IDEWALKS 3.2 LAYOUT& ASININE S.,2 CLEARING A GROOM MWGS. REMOVE EXISTING WINS ORWGS, RELOCATE EXISTING TREES OA REMOVE & DISPOSE OP SURFACE LITTER &DEBRIS ,E.:. STRIP A STOOKPLLN T005011, 4 REMOVE TOP 2' OP FOIL WITHIN OONSTRUbTION AREA DISPOSAL OP UNSUITABLE MATERIAL 2.0 SITE PILLING A COMPACTION A PROOF ROLL OUT SURFACE 0.0 EXCAVATION FOR 6TRUOTUREE 0.7 EAOKPILL AND COMPACTING 9.t DISPOSE OP 1X0166 MATERIALS SA DEWATERINO(NO 00110. PLACID IN WATER) &10 TWINE EY OWNER 2.11 PREPARATION PDX TOPSOIL 1 02111(SPIL) ASPHALTIC 001011E11 PAVING 2,4. - EUEORANE STABILIZATION 12" 2.2 EASE COURSE NAM= 8^ 2.0 PRIME 6 TACK COATS 02/0812002 03:32 PM MATERIAL N1C 1110 1110 ...NIC, LAEOR N10 NIO NIP SUB TOTAL 1 08,77 NIO NIO N10 N10 88,77 NIO SUROONTRAOTORS NAME GRAND TOTAL NOT REQUIRED/ NOT INCLUDED NOT REQUIRED/ NOT INCLUDED NOT REQUIRED/ NOT WCLUDEO NOT REQUIRED/ NOT INCLUDED NOT REQUIRED/ NOT INOLUDEO NOT REQUIRED/ NOT WO N 020 NOT REQUIRED/ NOT INCLUDED NOT REQUIREQI NOT INOLU08D NOT REQUIRED/ NOT INCLUDED NOT REQUIRED/ NOT INCLUDED NOT INCLJSEE OELOW NOT IN0LJ321 BELOW NOT INOLJSUE BELOW NOT REQUIRED/ NOT INCLUDED NOT REQUIRE'! NOT INCLUDED NOT REQUIRED/ NOT INCLUDED METRO ENGINEERING 88,77 INCLUDED INCLUD8D INCLUDED INCLUDED INCLUDED NIC • BY OWNER 1110LU0E0 INCLUDED INCLUDED NOT INCLUDED INOLUDED INCLUDED NOT INOL AE8 BELOW INCLUDED INCLUDED INOLUD6D NIO • BY OWNER INCLUDED INOLUDEb IN EARTHWORK INCLUD601N EARTHWORK INCLUDED IN EARTHWORK INOLUDEb IN EARTHWORK 113 0,00 0.60 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.0! 9.00 0.00 0.00 0.00 0.00 0,00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0,00 0.00 0.00 0.00 0.00 0.00 JAMES A. CUMMINGS, INC. 2 VILLAGE OF KEY BISCAYNE VILLAGE OF KBY BIM:AYER 51TE5, SITE INFRASTRUCTURE AROHITBOT; BPILLIS CANDELA DMJM OMP PROP00AL DATE, FEBRUARY 8, 2002 PSA0E2 WITHOUT PPM. AND SOUTHERN BELL FERNW00b ROAD ARCM WEST ENIO DRIVE TO WE8T MOINTYRE STREET TOTAL AREA 402,000 8P ITEM'- /B0TI0N - DESCRIPTION 24 AOPNALTIO 00140RET01 M2" TYPE 8 0.2 TESTING BY OWNER PAVEMENT RESTORATION DRWGS, NEW MRMAN OUT AT CRANDON MVO. DRWGO, MODIFY EXISTING MEDIAN OUT AT ORANDON BLVD. NOOP80 PORTLAND CEMENT CONCRETE PAVING 02414 OWL) 00140, SIDEWALKS, CURES, CURED 6 °UTTERS & WHEEL STOPS 0.1 -CONCRETE SIDEWALKS 2.2 CURIO "OA OURb0SGUTTERS 24 -TESTING by OWNER DRWOS 0"CONCRETE EASEPON PAVERS AT PIR00TATION OURS OUT DRWGS 4" OONORBTO SIDEWALKS ` DRWOS Mt 24" WIDE CONCRETE BANCO DRWOS-COLORED 00E0, AT OUR88, GUTTERS, 810EWAUKB & BANDS DRWOS . CURES AT TREE ORATES SEE 817E OQNOREtE WINDOW 02100I8P114 PAVEMENT MARKING 14 PER P007JPEOIPIQATIONO LS SPARE PAINT NO SPEC. SITE MORASS 140 MM. TRAFFIC SIONALMATION 00422 (MIL) I IOAVATION, EAOKPILLINO AND OOMPACYINO FOR UTIL1TE8 1,0.510 PR0TB0T EXISTING UTILITIES,: SIDEWALKS & STREETS .: HAND EXCAVATION. &IA -. _. DEWATERINO .0 REMOVE UNSATISPAOTORY BOIL O.B. TINTING SY OWNER 02b6 WATER DISTRIBUTION 14.A.1 WATER MIRE .2 TAP TO THE EXISTINO LINES A METER DEPOSITS & SERVICE OONNEDTKIN CHARGES EY OWNER 4.1A DUOtii.E IRON W/ CEMENT MORTAR LINING JOINTS 9.3 PITTIN08 & SPECIAL ITEMS 24 VALVES 24 OAST IRON VALVE BOXER 24 FIREHYDRANTS 9.74 D18114PE0710N 7.2 COPPER PIPING FOR WATER SERVICE LINES 3" 0R LESS MATERIAL- LABOR SUB "I TOTAL ,1 SUBCONTRACTORS NAME. IORANO TOTAL! */0P - ''3 0 INOLUD80:IN EARTHWORK 0.00 14(6.-EYOWNER 0 0.00 4,14 NO BID 0 4450 1,83 NO 81D NO BID eq NOS, INC. IOL IN SEPE&ATE OMP PAR DUCT DANK & WATER MAIN INOLUDES IN EARTHWORK INCLUDED IN EARTHWORK NONE MOWN/ NONE INCLUDED INCLUDED IN EARTHWORK SSITE OONORETE INCLUDED IN SITE OONOI1ETE -! INCLUDED IN EARTHWORK .INO1UDE0 IN EARTHWORK NI0 'BY OWNS& -• .INCLUDED IN SITE 00NORETE -INCLUOE0 IN SITE CONCRETE .INCLUDED Ci 0170 00NORETE INOLUDEb114 EARTHWORK A SITE OONOhETE INCLUDSD,IN OITODONORETE 243 - JAC >=.;i INCLUDED 114 EARTHWORK INOLUDE01N:EARTHWORK ,,, INCLUDED IN -EARTHWORK -' INOLUDEO.IN EARTHWORK NOT INOLUOEO 8Y OWNER 0,460 MEOATBANI/NC00NQED NCLUDLUDEDU0 INCLUDED NOT INOLUDED NIG-. EY OWNER IOL IN OEPJ=HATE OMP FOR DUOT DANK & WATER MAIN NM. OY OWNER 101. IN SEPERATE OMP P011 DUCT BANKS WATER MAW NIG -EY OWNER 14)9014 SEP8RATB OM? MR: DUCT SANK & WATER MAW Gvk. INi40.1tArs.nom P10110UD7 SANE & WATER MAW 0 IIN $EPERATE QMP PON PU07 SANK & WATER MAIN 0 OLIN SEPpRATS OMP rat' DUCT SANK & WATER MAIN 0 04114 SEPEIIATE QMP POO.DUOT SANK & WATER MAIN 0 0L,,IN,O,gPSRATE OMP FOR DU0T DANK & WATER MAIN 010E 114 SEPERATE OMP POR DUCT BANK A WATER MAIN 0 ICL 114 SEP MATE OMP POK DUCT BANK& WATER MAIN 0 0.00 0 0.00 0 0,00 0 0.00 0,00 0 0,00 D 0.00 D 0.00 do* 0:00 0.00 0,00 0.00 0.00 15,88 0,14 0,00 0.00 0.00 0,00 0,00 0.04 840 0.08 0.00 0,00 0,00 0,00 0,00 0,00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 DAD 0.00 0 _ VILLAGE OFKEY BISOAYNE - SITE & SITE INPRASTRUOTURB ARCHITECT: SPILL'S CANDELA.DMJM OMP PROPOSAL DATE: PEBRUARY 0, 2002 ITEM 1 SECTION 1 DESCRIPTION 34 DUCTILE IRON PIPING POR WATER SERVICE LINES 4" OR LARGER 310 THRUST BLOOMS. 3.11416 T18TIN0 SY CONTRACTOR 3.12410 OI/INPROTION & CONNECTION TO EXIST. WATER MAINS BAOKPLOW ►NEVBNTORS & DEWS DRWOS ADJUST EXISTING WATER METER VAULT ORW3* REMOVE 8)11071X0 WATER METER VAULT* ORW00.. OAP EXISTING WATER LINES PROVIDE WATER SERVICE TO MOUNTAIN ►ROWOB WATER SERVIDE TO IRRIGATION 02720 STORM DRAINAGE SYSTEM 2.1A _ CORRUGATED ALUMINUM PIPE .B CORRUGATED STEEL PIPS W/ BITUMINOUS COATING 12 DRAINAGE STRUOTURBS 31+4 BALLAST ROOK & PLASTID FILTER FABRIC 3.3 IMPETRATION TRENCH 3,0 TESTING EY CONTRACTOR SWIGS. ADJUST 100117150 CATCH BASINS TO REMAIN IMMO&, CAP EXISTINO STORM SEWER ORWOS, REMOVE EXI*TINO CATCH DAMNS AND ASSOCIATED PIPING ORWOS, REMOVE EXISTING TRSNOH DRAIN DIME, REMOVE EXISTING FRAME & GRATE AND PROVIDE NEW ORWO& IMPETRATION TRENCH T010' SLOW EXI870 GROUND ELEV. NO OPEC SANITARY SEWER SYSTEM PIPI, P1771808 & 141X1401.88 TESTING A IN8PI0TION SY CONTRACTOR SANITARY SEWER FOR PCUNTAIN 7 02117 SOLID INTERLOCKING DOW. PAVERS 12 6116" THICK KEY SHAPE A REOTANO. AT EDGES 14 EDON RESTRAINTS 2.4 SAND LAYING COURSE 1" J1 SAND FOR JOINTS &3A OUT PAVERS WITH MASONRY MW .0:,. TOLERANCE+ 1A11"OFPSET&1/6" IN 10' PKOMLEVEL .8 EXPANSION & OON7ROL JOINTS • SEALANT FILLED .,.SA.E.-_.;. SOILSTERO•12ER. ,D VISRATS OONC. PAVERS INTO LEVELING COURSE .S4 SA$0PILL AT JOINTS S.6 REPAIR, CLEANING & PROTECTION DRWOS, CONCRETE PAVER ROADWAYS 02/08/2002 03:32 PM VILLAGE OIL )ISCAYNE PHASE 2 WITHOUT PP&L AND SOUTHERN BELL PBRNWOOD: ROAD PROM WEST ENID DRIVE TO WEST MOINTYRE STREET TOTAL AREA 102,000 SP DRANO TOTAL ATERAL LABOR 1 SUB L. TOTAL SUSOONTRACTORS NAME.. 101, IN SEPERATE OMP PDR DUCT BANK & WATER MAIN JCL IN SEPERATE OMP FOR DUOT BANK & WATER MAIN ML IN SEPERATE OMP FOR DUCT BANK & WATER MAIN 101 IN SEPERATE 0111110 FOR DUCT BANK & WATER MAIN NONE SHOWN/NONE INOLUDED ICL IN SEPERATE OMP P0R DUCT BANK &WATER MAIN ICL IN SEPERATE OMP POR DUCT BANK & WATER MAIN ICL IN OPERATE OMP FOR DUCT BANK & WATER MAIN NOT REQUIRED/ NOT INCLUDED INCLUDED IN PHASE 1 NCLUDED NCWD8D NCLUDED NOLUDED NCLUDED NCLUDED NCLUDED NOLUDED NCLUDED NOLUDED NCLUDED NCLUDED 0 NOLUDED 0 NOLUDED IN SEPERATE OMP FOR ADMIN/POLIOR BLDG 0 NCLUDED IN SEPERATE OMP ADMIN/POLIOE BLDG 0 NCLUDED 114 SEPERATE OMP FOR ADMIN/POLIOE BLDG 0 NOT REQUIRED/ NOT INCLUDED 3,41 JAMES A. CUMMINGS; IPk. 3,41 HOLLYWOOD STONE/ BONDED INCLUDED AB 2-0180 RECTANGULAR 1401 NCL NCL NCL NCL NOT REQUIRRb/ NOT INCLUDED NOL NOL SCE SQL NCL 3,41 13F 0.00 0.00 0.00 0.00 0.00 0,00 0,00 0.00 0.00 0.00 0.00 0.00 000 0.00 &00 0.00' 000 0.00' 100 000 0:00 0:00 0.00 0.00 0.00 0.00 0.00 000' 0,03. 0.00 0.00 0.00 0.00 0,00 0.00 0.00 0.00 0.00 0.00 0,00 0.00 4 VILLAGE OE' KEY BISCAYNE VILLAGE OP KEY BISCAYNE 0111 8, 8RE INPRASTRUOTURE AROHITEOTR SPILL'S CANDELA DMJM. OMP PROPOSAL DATED PPBRUARY 8, 2002 PEASE 2 WITHOUT PPM. AND SOUTHERN BELL FIREWOOD ROAD PROM WEST ENID DRIVE TO WEST MCINTYRE STREET I REM rSEDTION DESCRIPTION ! MATERIAL J LABOR 1 SUB tlRWOE, OONORET1 /AVER PARKING AREAS 0 0 DRIVES. 00NORETE PAYEE SIDBWALK0 - 0 DRWOS, COLORED PAVERS PON TRAPPIO MARKINGS 0 DRWOE• 12" BTAIILEEDSUEERADE ` - 0 DRIVES, 0" OR 8" LIMER00I EASE 0 ON SITE 00110RETE PAVERS AT FIRE AND POLICE 0 0 0 0 0 8 NO OPEC LANDSOAPINO EWES. PLANT MATERIAL PLA 101 OR SETTER DRIVER, MULCH DRIVES. WEED CONTROL PABR10 BRw08, 7REE RIL00AT10N DRW06 MAINTENANCE UNTIL PINAL AOOSPTANON . DRWEB. GUARANTEE • 1 YEAR PROM A00EPTANOE 110 SPEC - 00001110 GERTIPIEO,TURP0RA8e4T. AUGUSTINE OR KENTUCKY BLUE PLARTIO BOOING DRIVES, 1• PLANTING SON, UNDER ALL SOO DRWOS, I1UARANTNN "18 MONTHS PROM OOMPLETION NO SPEC IRNIOA71011 - DRWOS, BA0KPL0W PRNENTER ORWEB, WATER METER • DRWOB, ..HOSE EIRE PON MANUAL WATERINO 00E71101. WIRINO. 8 NO Sp80 CONCRETE REINPOROEMENT, NDN.STRUCTUML WELDED WIRE MIMI MATERIAL WELDED WIRILMEBR LABOR NO SPEC AROHITIOTURAL PRECAST CONCRETE ERNES. CONCRETE BOLLARDS 10 NO 111110 ORWOS, DNwie, METAL PAOR10AT10N8 TREE ORATES PIPE POLLARDS 41 ,. DIV,10 . MISS, SPECIALTIES ORWOS, PLAOPOI.EI 12. DN 18 MECHANICAL DISOONNEOT PLUMBING S MAKE SAFE FOE DEMOLITION 021081200 PM 1110 NIC 0 8,070 0 0 1110 1110 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 - 0 0 NIO 1010 NI0 0 0 660 0 0 1110 N10 NI0 1110 0 0 0 WIGS, INC. 0 a 0 0 0 0 0 0 0- 0 - 0 0 0 0 a 0 0 0 0 0 0 0 0 0 0 0 0 TOTAL 0 0 a 0 TOTAL AREA 102,000 SP GRAND TOTAL INOL 11101. INCI. 1NCLUDEOIN EARTHWORK INCLUDED IN EARTHWORK INCLUDED IN PHASE 1 INCLUDED IN OWNERS ALLOWANCE 0 IN0LUOED is OWNERS ALLEMANDE 0 04140,04 OWNERS ALLOWANCE 0 IN0LUDEO"IN OWNERS ALLOWANCE 0 510 , EY OWNEI 0 INOLUbE011 OWNEENS ALLOWANCE 0 INCLUbED IN OWNERS ALLOWANCE 0 INCLUDED IN OWNERS ALLOWANCE -,'0 1NOLUOBD IN OWNERS ALLOWANCE 0 IN0LUD*D 111 OWNERS ALLOWANCE 0 IN0LUbEO IN OWNERSALLOWANON o INCLUDED IN OWNERS,ALLOWANOB INCLUDED is onion ALLOWAN0E 0 NJOLUDED IN OWNBRSALLOWANCE ,1110 - BY OWNER i10LU080 IN WNNERS ALLOWANCE IN04UDED.111 OWt1NRS ALLOWANCE r1NOLUDEb;RN 5178 CONCRETE INO ,- LUbE0111 e1XE 00NOR17B 0 INC).UOED 111 8178 CONCRETE SUBCONTNACTONS NAME D 0 NI0 NIC' 0 0 0 0 0 0,228 0 0 a o N10 1110 0 0 0 0 0 0 NOT INCLISEE BELOW NOTJN0LJ0fl BELOW 1R0NOMITNIJAC NOT REOUIREDRNOT INCLUDED NOT INOLJSEB BELGIC NOT IND418E8 BELOW N01' RECUINEIN NOT INGLUDED NOT RECEIVED/NOT INCLUDED *,S7 0 8b1 0.00 0,00 0,00 0.00 0.00 0.00 0,00 0,00 0.00 DSO 0.00 0,00 0,00 0;00 0.00 0.00 0,00 0,00 0,00 0,00 0.00 0,00 0.00 0.00 0.00 0.00 0,00 0,00 0,00 0,00 0,00 0.00 0.00 0,07 0.00 0,00 0.00 0,00 0.00 0,00 0.00 5 VILLAGE 0 ASCAYNE VILUGE OF KEY 0180AYNE aITE & BITE INPRASTRUCTURE ARCHITECT: OPILLIO OANDOU OMJM OMP PROPOSAL DATE: PEERUARY B, 2002 PUBS 2 WITHOUT PP&LAND SOUTHERN BELL PSRNWOOD ROAD PROM W887 ENID DOME TO WEST MCINTYRE STREET REM OEOTION. DEsoRIPTION. REMOVE PREON & MAK8 8AP8 FORt�EMOLITIDN 11 ON.10 DRUM. CRUUS, DEMOS, MUGS, DRUM. DRUM. DRWOS, MUGS, DRWOS. DRUUS. MUGS. ORWOS. MEMOS, DMus. DRWOS, MEMOS, DRWOS, DRAM, DRWO&. DRWGS, DREAM, DRWOS. TOTAL AREA 402,000 0P GRAND TOTAL 0 NOT REQUIRED/ NOT INCLUDED 0 0 NOT REQUIRE01 NOT INCLUDED 0 IOL IN BEPERATE OMP port DUCT BANK & WATER MAIN 010E IN BEPERATE OMP POR DUOt BANK & WATER MAIN 0 IOL IN GENERATE OMP FOR DUot BANK & WATER MAIN 0 101. IN BEPERATE OAP FOR Not BANK & WATER MAIN 0 IOL IN BEPERATE OMP POR DUCT BANK & WATER MAIN 010E IN 88p8MATE amp POR DUOt BANK & WATBR MAIN 0 (OLIN BEPERATE OMP PON DUCT BANK & WATER MAIN 101.1N SEpERATE amp FOR DUCT BANK & WATBR MAIN NIO • BY OWNER NIO • BY OWNER NIO • BY OWNER NIO • BY OWNER NOT REDOIREDI NO7 IN0LUDEb NOT numb/ N0T INCLUDED NOT REQUIRED/ NOT INCLUDED NOT RSOUIRED/ NOT INCLUDED NO7 REQUIRED/ NOT INCLUDED NIO • BY OWNER NIO • BY OWNER N10 - BY OWNER NOT REQUIRED/ NOT INCLUDED NOT REQUIRED/ NOT INCLUDED NOT REQUIRED/ NOT INOLUDEP NOT REQUIRED/ NOT INCLUDED NOT REQUIRED/ NOT INCLUDED NOYREQUIRED/ NOT INCLUDED ELIOTRIOAL ELEOTRICAI DUCT BANK OOMMUNIOATION BUOY BANK TELEPHONE & OASIS 1V DUCT BANK PP&L MANHOLES • PURNISHBD BY PP&L INSTALLED By DONTRADTOR PP&L CONDUIT • FURNISHED BY PPM. INSTALLED 8V QONTRAOTOR BELLSOUTH MANHOLES.PURE. & INSTALL EY OONTRAOTOR OOMMUNIOATION MANHOLES. PURN. & INSTALL BY CONTRACTOR WATERPROOFING OP MANHOLES PPSL POWER POLE a NIO TEMPORARY Pp&L POWER POLE. NE1 PPM, 00NDU0t0R8 & GABLE • NIO PAD MOUNTED TRANSFORMERS • NIO STREET LIGHTING PUNTER LNIHtIN0. PREOAET LIOHTPOLE EASES TO MEET WIND LOADING KEG, CONCRETE EQUIPMENT PADS PUN !INFORMED PUSTIO ENCLOSURES RELOCATE EX167 0 LIGHT POLES & LIGHT POLE PULL BOXES • N10 REMOVE EXISTING PP&L LIGHT POLE & PULL NOXES • NIO REMOVI EXISTING PP&L OVERHEAD POLO & POWER LINES • N10 00NNEOTION 70 MOUNTAIN PUMP &CONTROLLER ILLUMINATION TESTING CONED & SEALED BY PE OoNNEOTION TO I11N10ATION CONTROLLER t$MPOMARY ELECTRI0 DI000NNEDT EXISTING 8 MAKE SAPS FOR DEMOLITION MOM EXTENT DP RESTORATION BY ADDING SURNAME WORN TO UNDEROR SUBCONTRACTORS NAME SUBTOTAL 01120K SUBTOTAL 02/08/2002 03:32 PM *ALES TAX 8.6E LABOR NORDEN SUBTOTAL 11,82 6,00 81,408 108,22 108,22 768 8,424 112,418 112,4 112,418 LOP 0,00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0,00 0.00 0.00 0,00 0.00 0.00 0.00 0.00' 000 0.00 0:00 MOO 0.00 0.00 0.00 000 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1.10 0.00 0,00 0.00 0,00 0.00 0.00 0.00 1.10 0.00 JAMES A. CUMMINGS, INC. 6 yl VILLAGE OF KEY BISCAYNE VILLAGE OP KEY BISCAYNE SITE & SITE INFRASTRUCTURE ARCHITECT: SPILL'S CANDELA OMUM OMP PROPOSAL DATE; FEBRUARY 8, 2002 PHASE 2 WITHOUT PP&L AND SOUTHERN BELL PERNWOODROAD PROM WEST ENID DRIVE TO WEST,MCINTYRE STREET .:. TOTALAREA 102,000 OP:.. GRAND TOTAL: ITEM SECTION 02108/200' P DESCRIPTION OWNER'S PROTECTIVE ',mobs( MILDER" RISK INSURANCE PERMITS PERPORMANOE:OOND SUBTOTAL MATERIAL, 4E4!9N PHASE PEN CONSTRUCTION PHASE ME EXTEND PANED? TWO AND A HAP MONTHS FOR INFRASTRUCTURE WORK CONSTRUCTION CONTINGENCY OWNER CONTINOBNOY DVNRNEA0 & PROFIT OWNER'S SALES TAR BAVINOS PROGRAM SUBTOTAL SUBTOTAL SUBTOTAL SUBTOTAL TOTAL THE FOLLOWING ITEMS OF WORK ARE SEPARATE OWNER ALLOWANCES WHI014 ARE NOT WOWED IN THIS PROPOSAL AN0 WNION DO NOT INCLUDE ANY CONSTRUCTION MANAGER'S MARKUPS FOR PERMITS, TAXIS, INSURANCE, SONDE, CONTINGENCIES AND OVERHEAD AND PROFIT. POUNTAIN OMIT MCINTYRI STREET FEATURE COLUMNS .8 IKON TRAPPIO OIROLE ARCHITECTURAL ELEMENT PARK 0p2110 TRELLIS ARCHITECTURAL PRECAST LABOR . SUB INGS, INC. TOTAL 0 800 400 1260 118,188 NOT INOL. 0,807 0101.1 SEPENATE OMR PQR-DU0T BANK & WATER MAIN 110,100 1,000 120,148 SU000NT T OWNER ALLOWANCE OWNER ALLOWANCE 1,000 121,148 6462' • 120,111- (1,8881 124,118 40,000 0 ,ERALLOWANCE N10' WORK EY OWNER 40,000 Q EITALLOWANCE HID• WORK BY OWNER 126,000 OWNE'RALLOWANCE NI0•WORIC BYOWNER 26,000 OWNER ALLOWANCE INC.WORK BY OWNER 16,000 DWNER A1,.LOWANOE NM . WORK BY OWNER 4,000 OWNER ALLOWANCE NIC • WORN EY OWNER 0 800 000 1,000 118,108 NOT INOL. O,SST 0 110,100 1,000 120,143 1,000 121,146 0462 124,417 (1,9001 ::.124,710 8/211, 0.00 0.01 0,01 0.01 0.00 1.111 0.00 0.00 0.04 0.00 0.00 4.17 COO 0,01 0,00 1.18 0.00 3.01 0.00 1.10 0.00 0:01 0.00 1.24 0.00 (0.02( 9:00 1.22 7 {/ALUM/ OF KEY VLTE ►6ITB IN1'RAWTRUCTURE AROHITEOT: SPILLIWCANDELA DMJM DMP PROPOSAL OATS: PRBRUARY 6, 2002 VILLAG CS , 8CAYNE PHASE 2 WITHOUT PP&L AND SOUTHERN SELL PERNW00D ROAD PROM WEST ENID DRIVE TO WEST MCINTYRE STREET TOTAL AREA 402,000 SP GRAND TOTAL 0,000 OWNER ALLOWANCE N10- WORK BY OWNER ` D SEE ELECTRIC DUCT BANK & WATER MAIN OMP ITBM SECTION DESCRIPTION MATERIAL LABOR SUB TOTAL MI$0,IPEOIALTIE9'. DINNERA PQWQR A LIOH7ARP BWTNERN BELL WORN PROVIDED BY OWNER SUBCONTRACTORS NAME TOTAL 276,000 6161' 021081200203:32 PM JAMES A. CUMMINGS, INC. 8 VILLAGE CF KEY BISCAYNE WLLAOE OP KEY BISCAYNE 3171 & SITE INFRASTRUCTURE ARONT1 071 SPILLS! OANOELA DMJM OMP PROPOSAL DATE: FEBRUARY S, 2002 PHASES WITHOUT PPSL ANOSOUTHERN BELL VILLAGE 01161614 WAY PROM WEST MCINTYRE STREETUP TO THE NORTH81bE.OF THE FIRE STATION DRIVEWAY TOTAL AREA 102,000 OF ITEM 1 560TION DESCRIPTION GENERAL CONDITIONS BEE WINDOW EXTEND PROJECT TWO AND A HALF MONTHS POR INFRASTRUCTURE WOR NOM WORK FROM CRANDON BLVD 106' WEST ALONG NORTH VILLAGE ORERN WAY 13 NOT. INCLUDED AND SHALL SE PKOVID0O BY OTHNRO 00820 (OIL) SOIL INVESTIGATION OATH REPORT BY KO NO IncE NO SPEC NO 8E10 COORDINATION ORAWINDS FIELb 6NOINEBRING FINAL SURVEY OWNER ALLOWANCES • FURNIBHRNSTALL COMPLETE 1, 0N41711 LANDSOAPINO/SODIIRKI0ATWN - 2, MOUNTAIN AT WEST MOINTYRE STREET 3, MATURE COLUMNS • S MON 4, TRAFFIC OIROLB ARCHITECTURAL ELEMENT 6. PARK GAZEBO 0, TRELLIS T. AROHITEOTUML PROUST 6, 311130. SPECIALT168 E. COMMUNICATION OM RANKS MOWN 61008 10. POLICE 8BOURITY CONDUIT 11. MRS SECURITY CONDUIT 19. FLORIDA POWER& LIGHTAND SOUTNBRN SELL NO 111910 CONSTRUCTION PHOTOGNAPHO NO SPED QUALITY CONTROL re OWNER 9 NO SPEC MAINTENANOI 011TRAFF10 DRWOS, TEMPORARY P61406 ORWOS. 640010ADB& DRWGS. PLASTID DRUMS DRW06. I10NA0E DRWOS, WARNING 1.101478 &PLA*HER8 DRWOS, ALL S(ONAOE & BARRI0ADB8 PER. MOOT SPEC MAINTENANCE OP 810NA06 & BARRICADES 3 09060 (6PK1 DEMOLITION, REMOVALS AND RELOCATION 1A` COORDINATION 02/0812002`_ 3 P MATERIAL 0 LABOR NIC P410 NI0 NIO NIO NID 0410 NIO NIO NIO N10 N10 1110 NIO 0 0 0 P410 N10 0 0 0 0 0 D SUE 0 2,867 0 40 44 0,0 1110 NI0 1410 P410 1410 N10 P410 NIC IN Get NGS, INC, TOTAL 2,80 40 44 8UE00NTRAOTORSNAME JAO ICI. IN-8EPERATE : OMPPOR DUCT SANK S WATER MAIN JAC JAO/BALANCE IN SITEWORK' JACMIAG GRAND TOTAL 2,86 40 44 6,00 OWNER ALLOWANCE 6,00 NIO N0711401.4566 BELOW P410 NOT INOLJSEE BELOW NIO NOT INCLJSEEBELOW NIO NOT INCL./SSE BELOW 1110 NOT INCLJBNE BELOW NIO NOT INCL./SEE BELOW P410 1407 INOLJSEE BELOW 0 IOL IN SRPERATB OM,P FOR.DU07 BANK &WATER MAIN --°re 0 I0L IN SEPERATR OMP FOR OUST BANK & WATER MAIN 101 IN SEPERATE 0MP FOR DUCT SANK & WATER MAIN P410 '• NOT 1NOLJ866!ELOW 1119LUDED IN GENERAL CONDITIONS NIC• BY OWNER INCLUDEb IN: EARTHWORK INCLUDEOINEARTHWORK INCLUDED IN EARTHWORK INCLUDED IN EARTHWORK INCLNDEO IN: EARTHWORK INOkUDEOIN EARTHWORK INCLUDED 114 EARTHWORK INCLUDED IN EARTHWORK NOT REQUIRED/ NOT INCLUDED NOT REQUIRED/ NOT INCLUDED SNIP 0.00 0.03 0.00 0.00 0.00 0.00 0.00 0,00 0.00 0:00 0,00 0.00 0.00 0,06 0.00 0.00 0.00 0,00 0.00 0,00 0,00 COO 0.00 0.00 0.00 0,00 0.00 0.00 0.00 0.00 0.00 0.00 0,00 0.00 0,00 0.00 0.00 0,00 0,00 0.00 0.00 1 VILLAGE OP ACAYNE VILLAGE SWEET BISCAYNE 81T8 & MDIR INFRASTRUCTURE ARCHITECT: SPILL'S CANDELA DMA OMP PROPOSAL DATE: PBERUARY 8, 2002 PHASE 3 WITHOUT PP8U. AND SOUTHERN SELL - VILLAGE GREEN WAY PROM WEST MCINTYRE STREET UP TO THE NORTH SIDE OP THE FIRE STATION DRIVEWAY TOTAL AREA 102,000 8P' GRAND TOTAL ITEM ABOTION DESCRIPTION IAA .S i.8 3A 3A 0,0 ORWES. OnwMB, DRIVES. DRWO.. ORWO., DREAM. ORWOE, MRWO.. DAWES, ORWOS. PROt80t EXISTING 70 REMAIN BNVIORNMBN7AL PROtMOTION. TRAPPIO MAINTENANOE 811.1.1401.111 AND HAZARDOUS OPENINGS REMOVE MATERIALS AND DESAIB PROM SITE SALVABLE MATERIAL.. REMOVE EXISTING BANKIBUILOINO DEPARTMENT BUILDING REMOVE EXISTING SLOG. 41 SOUTH BIOS TIP SITE REMOVE 8178 WALL. B FOOTINGS REMOVE SIDEWALKS REMOVE PPBL LIGHT POLES REMOVE 8831. POWER POLES 8 PULL EOXES RELOCATE FINAL POWER POLES & PULL BOXER SURFACE DBMOLMRON.: OAWOUTTINO EXISTINOASPHALT REMOVE ASPHALT SCREAMS & BABE 4 02220 SOIL) EARTHWORK_ _ 14E4 PROTECT EXISTING STRUCTURES £PROPERTY 4 - PROTECT IMMUNE STREETS £ SIDEWALKS 3.2 '- - LAYOUT 840.511170 4.3 OLSARINO A GRIMING ORWMO. REMOVE EXISTING TREWS DRW08, RELOCATE 'MISTING TREES (1AA REMOVE A DISPOSE OF SURPAOII LITTER 8 DEBRIS ,E STRIP&STOCKPILE TOPSOIL .0 REMOVE 70P 2' OF SOIL WITHIN 00NtTRU0TION AREA 01080841. OP UNSUITAELE MATERIAL 3.8 SITE MINE & COMPACTION .A PROOF ROLLOUT SURFACE 3.0 EXCAVATION POEStRUOTUREB 3.1 8AOKPBL AND OOMPACTIHO 3.0 DISPOSE OP EXCESS MATERIALS 3.0 DEWATERINOINO CONS. PLACED IN WATER) -3,10 TESTING BYOWNBE 4.11 PREPARATION POE TOPSOIL 0 0261113PR.) ASPHALTIC 0080/1878 PAVING 2,1 SUBORADE STABILIZATION 12" 2,2' SUB COURSE LIMEROCK O" 2.3 PRIME £ TACK COATS 02/08/2002 03:35 PM MATERIAL 1410 NIC NIC NIC. NIC NIC 1110 P10 NIC NIC NIC 32,32 NIO TOTAL NIO 1410 NIC 32,32 NIC` SUBCONTRACTORS NAME NOT REQUIRED/ NOT INCLUDED NOT REQUIRED/ NOT INCLUDED NOT REQUIRED/ NOT INCLUDED NOT REQUIRED/ NOT INCLUDED NOT REQUIREOI NCT INCLUDED NOT REOUIREOI NOT INCLUDED NOT REQUIR80! NOT INCLUDED NOT REWIRES NOT INCLUDED NOT REQUIR801 1407 INCLUDED NOT REQUIRED/ NOT INCLUDES NOT INOLJBEE BELOW NOT INCISES BELOW NOT INCL./SEEOELOW NOT REQUIRED/ NOT INCLUDED NOT REQUIRED/ NOT INCLUDED NOt R800111E0( NOT INCLUDED METRO ENGINEERING INCLUDED INCLUDED INCLUDED INCLUDED 11401.11080 NIC • BY OWNER 1NCLUD8D INOLUDBD INCLUD8D NOTINOLUDED INCLUDED INCLUDED NOT INCLJ3EE BELOW INOLUDEO INCLUDED INCLUDED NIC . EY OWNER INCLUDED INCLUDED IN EARTHWORK 1N0100E0 11 EARTHWORK INCLUDED IN EARTHWORK INCLUDED IN EARTHWORK 32,32 BIBP 0.00 0.00 0.00 0.00 040 0.00 0,00 0.00 0.00 0.00 0.00 0.00 0.00 0,00 0.00 0,00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0,00 0.00 0.00 0.00 0,00 0.00 0.00 0.00 0,00 0.00 0.00 0.00 0.00 0.00 0,00 0.00 JAMES A. CUMMINGS, INC. 2 VILLAGE OF KEY BIBCAYNC VILLA0E OP KEY 01D0AYNI SITE & SITE INFRASTRUCTURE AICHIt/OT: OPILLIB OANDBLA OMJM OMP PROPOSAL DATE: WISIWAMY 8, MU P WIT.NQUT„ 81,AND SOUTHERN BELL VILLA N*WIEN WAY -PROM WEST M011NTYkE.STREET UP TO THE NORTH'21060F THE FIRES',IATION DRIVEWAY TOTAL AREA -: 402,00001' SECTION 2A:' ASPHALTIC CONCRETE 14M' TYPE It {:2' 't/OTINOIY OWNER PAVEMENT ROOTORATION ORWOS. NEW M/DIAN OUT AT CRANDON BLVD, ORWOS, MODIFY /KIeTINO MEDIAN CUT AT CRANDON BLVD, NO OPIO PORTLAND CEMENT 00NOR/TO PAVINO 021140P11.2 OONO. SIDEWALKS, CUR/S, 0URSS A SUTTON& A WHEEL STOPS 0,1 "00N0REtt-IIDIIWALKS Os WOWS EA OUWS&OUTTERO EA TESTING/Y OWNEII ORWO4 4' 00NON/TR SASE PON PAVOR& AT PIROSTAtION OURS OUT O RWOS 4' 00NORSTI NORWALK* , 011W0S 12" & 24', WIWI CONOR/TO SANDS O RWO& 00LOR8000N0, AT 0URS4, OUTTERB;SIDEWALKS&WINDS ORW08-.DuREe AT TINE 0NAt*e - ISE 817/ OONORETOWIEDOW MOOD (OPIL) CAV/MI$t MARKING .4A - MIR Poet*PE01fl0ATtON$ • S6 Mkt PAINT. 16SPOO, IITE410N*GE N0 OPEo. TRAMOOIONALOATION 8 02222 (IPIL) *XOAVAtl0N, /AOKPILLINO AND OOMPAOTINO PON UTILITIES 1,6,/40 PROTEST IKISTINO UYILooIOO, SIDEWALKS & STREET& NAND EKOAVAtION- d.1J1 OOWATSRINO A REMOV/ UNSATIOPAOTORY SOIL 1.3 TESTING eY OWNER 02010 WATER DISTRIBUTION 1.O.A.1 WATER MOTERO .2 YAP TO THE EKISTINO;LINOS ,0 MOTER 0/POSITS & OERVIOE OCNNIOTION ONAR08B Sy OWNER 2.1,1 DUCTILE IRON WI 08M8NtMORTAR LININO 2,2' - ' JOINTS 2.d DRYINGS O SPIOUIL ITEMS 24 VALVE$:.: 2.6 OAST IRON VALVE BOXES 2.0 Pat/ HYDRANts 2.7.A DIe1NPEOTION 3.2 COPPER PIPING FOR WATER SERVICE LIN83 0' OR LESS DESCRIPTION- MATERIAL:. 0 0 0 0 N0 BID LA80R 2,18 NO EEO D 0 8U8 0 0 0 0 0 38 NO RID TOTAL - SIIBCONTRAetoRS 0 INCLUDED IN: EARTHWORK, 0 O'IOLIN' 0 0 0 0 0 0 0 0 0 0 0 0 2,886 0 0 0 0 0 0 NIO - SY OWNEN BOPENATO OMP FOR DUCT BANK & WATER MAIN IN010060IN EARTHWORK W0100101N'EARTHWORK ONE SHOWN/ONEINOLU0ED INCLUDE0 N IMRTHWORK & CONCRETE INULUOOD IN SITE ODN0R*TE IN04U0E0 IN EARTHWORK INCLUQEO{N HART NINON* '-NIO. NY OWNER -NOLUDEO N SITE CONCRETE 1N04U0101N.SITE 00NORITN s{l1CLPOEV1341Tft OONCRETO' INOLU0601N"NARTHWORK &SITIDDNOROTO (1141.003?=IN 017E 00NORETO JAO INCLUDED!! EARTHWORK INCLUDED IN':OARTHWCRK 160100ED DI EARTHWORK INOLUDE0)IkW1RTHWORK NOT IHOLU030 ay OWNEA INCLIMED IN PHASE 0 INOLUWOO IN Mites 1 0 t6OLUg80IN PHASE 4 0 INOLU06D IN PHAeE 4 0 )j91INDLUeeO 0 NID BY OWNER -O ICON OPERATE. 0MP FOR over SANK & WATER MAIN ' ` � �^a,P •.. .': f ... NIO, SYOWNOR. 0JOLIN BEP@RATE OMP FOR IDIOT SANK & WATER MAIN Wow BYCWNER 0)01,IN SEP.IRATE 0MP PON Wier BANK WATER MAIN 0 ALIN OEPI„KATI OMP FOR ROOT BANK& WATER MAIN OMP FON DuCT SANK & WATER MAIN 0101. N.SBPIRIN RATSS OMP Peg DUCT BANK & WATER MAIN O IOLlSEFERATOOMP P0110001' BANK & WATER MAIN JOL11S ON PIRATE OMP FOR OUDT DANK .& WATER MAIN 9 10L1 &OPERATE 0MP TOR poor BANK & WATER MAIN 0101.440E ATE OMP FAR DUCT BANK & WATER MAIN *RAND TOTAL 4,12 0 0 0451' 0.00 0,00 0.00 0.00 0,00 0.00 0.00 0.00 0.00 0.00 0,00 0.00 0.00 0.00 0,00 0.00 0,04 0,00 0,00 0.00 0,00 0.00 0.00 0.00 0.00 0,00 0,00 0:00 0,00 0,00 0,00 0,00 0,00 0,00 0.00 0.00 0,00 0,00 0400 0,00 0,00 02I08I2002-_ t PM JAMESAI )vIINGS, INC. 3 VILLAGE OF L ,SCAYNE VILLAOr OP KEY BISCAYNIE SITE & SITE INFRASTRUCTURE ARDHN'SCT: SPILL'S CANDELA DMJM OMP PROPOSAL DATE: FEBRUARY 8, 2002 PHASE 4 WITHOUT PP&L AND SOUTHERN BELL VILLAGE GREEN WAY FROM WEST MCINTYRE STREET UP TO THE NORTH BIDE OP THE FIRE STATION DRIVEWAY TOTAL AREA 102,000 BF DRANO TOTAL SECTION 1 . , DEBORIPTION 2.2 OUOT1LB IRON PIPING FOR WATER 81210/1012 LINER 4" OR LARGER 2.10 THRUST KOOKS 4.11+15 TESTING SY CONTRACTOR 0.12+15 ONIEFEOTION & CONNECTION TO EXIST, WATER MAINS BAOKPLOW PRECENTORS B D00V'5 DRWOS ADJUST EXISTING WATER MITER VAULT DRWGS REMOVE EXISTING WATER METER VAULTS DRWOS OAP EXISTING WATER LINES PROVIDE WATER SERVIOS TO MOUNTAIN PROVIDE WATER SERVICE TO IRRIGATION 02120 - - STORM DRAINAGE SYSTEM 2.1A CORRUGATED ALUMINUM PIPE .E 00RRV0ATIID STEEL PINE W/ EITUMINOUS COATING 0.2' DRAINAGE STRUCTURES 2.2+4 MALLAST ROOK a PLASTID FILTER FABR10 2,0 - EXPILTRATION TRENCH 3.8 TESTING reO0NtRA0TOR MMES. . ADJUST EXISTING CATCH EA81NS TO REMAIN DRWOS, -OAP EXISTING STORMSEWER DRWOS. REMOVE EXISTING CATCH BASINS AND A88001ATED PIPINO DRWOS, REMOVE EXIBTINO TRENCH DRAIN DIIWOS. REMOVE EXISTING PRAISE & ORATE AND PROVIDE. NEW ORWOS, EXPILTRATIONTRENCH TO 1r SBLOW EXIOT'O OROUND EON. NO SP1EO SANITARY SEWER SYSTEM PIPE,PITtIN00 S MANHOLES TESTNIO a MAMMON BY CONTRACTOR SANITARY SEWER FOR FOUNTAIN 02817 *01.10 INTERLOOKINO 00110. PAVERS. 2.2 2110" THICK KEY SHAPE & RIOTANO. AT OGEE 2.2 EDGE RESTRAINTS 2.4 SPNb LATINO OOURSII A SANOFORJCINT5 O.2A OUT PAVERS WITH MASONRY SAW ,D - TOLERAN01» 1A2" OFFSET A fit" IN 10' PROM LEVEL .8- EXPANSION 8 CONTROL JOINTS • SEALANT FILLED 0.0.0 SOIL MAILMEN .D VIBRATE CONC. PAVERS 11470 LEVELING 001183E .&0:: ' SAND FILL AT JOINTS 5.4 REPAIR, CLEANING & PROTECTION DIMS. 00810RET8 PAVER ROADWAYS MATERIAL I. LABOR BUS J' TOTAL 7,24 7,24 SUBOONTRACTORS NAME ICL IN 8EPERATE OMP FOR DUCT BANK A WATER MAIN 101 IN 8EPERATE 0810 FOR DUCT BANK B WATER MAIN 101 IN 8EPERATE OMP FOR DUCT BANK S WATER MAIN 101.111 8EPERATE 0MP. FOR DUCT BANK & WATER MAIN NONE SHOWN/NCNB INCLUDED 101. IN 8808RATE 0810 FOR DUO! BANK & WATER MAIN WI. IN 2808RATE OMP F01 DUCT BANK & WATER MAIN ICL IN (=ERATO 0810 FOR 0007 BANK & WATER MAIN NOT REQUIRED/ NOT INCLUDED INCLUDED IN MIAMI IN0LUD8D IN PHASE INOLUD80 IN PHASE 1 INCLUDED IN PHASE 1 INCLUDED IN PHASE 1 INCLUDED IN PHASE 1 INCLUDED IN PHASE 1 INOW020 IN PHASE 1 INCLUDED IN PHASE 1 I81011D8D IN PHASE 1 INCLUDED IN PHASE 1 INCLUDED IN PHASE 1 INOLUD8D IN PHASE 1 1NOLUOBD IN PHASE 1 1101.11010 181 08PERATE OMP FOR ADMINIPOLICB BLDG MIA= IN OPERATE 0MP FOR ADMIN/POLICE BLDG NCLUDED IN 8EPERATE OMP 008 ADMINIPOLIOI 8LD0 NOT REQUIRED) NOT INCLUDED HOLLYWOOD STONE/ BONDED INCLUDED AS 2818' REOTANOULAR NOL NM. NOL NM. NOL NOT REQUIRED/ NOT INCLUDED 8101 NCL NM. NM. NOL 7,24 2100 040 0.00 0.00 0,00 0,00 0.00 0.00 0,00 0.00 0.00 0.00 0.00 0,00 0.00 0.00 0,00, 0.00 0.00 0.00 0.00 0.00 0,00 0.00 0.00 0.00 0,00 0,00 0.00 0,07 0.00 0.00 0.00 0.00 0,00 0.00 0.00 0.00 0.00 0.00 0,00 0.00 .0210812002 03:35 PM JAMES A. CUMMINGS, INC. 4 VILLAGE OF KEY BISCAYNE VILI.AOE OP KEY 81$CAYNE SITE S SITE INFRASTRUCTURE ARCHITECT: SPILLIS CANDELA CMJM OMP PROPOSAL DATE FEBRUARY E, 200; PHASE 0 WITHOUT FM AND SOUTHERN BELL VILLAS$ OREENWAY FROM WEST MCINTYRE STREET UP To THE NORTH SIDE OP THE FIRE STATION DRIVEWAY R*M 1 SECTION DAWOE, ORWOS, DREGS. DAWES. DREGS. DESCRIPTION CONORETI PAVER PARKING AREAS CONCRETE PAVER SIDEWALKS COLORED PAYERS POR TRAFFIC MARKINGS 12" STABILIZED SU$-0RADE , 11" OR 8" LIMIROOK BASE. ON SITE 00NORETE PAVERS AT FIRE AND POLE:// S NO SP*0 LANDSCAPING DRWOS, PLANT MATERIALFLA 110.1 OR SETTER DRIVES, MULCH DRIB, Web OONTROL FABRIC DRESS. TREE RELOCATION, DREGS, MAINTENANCE UNTIL FINAL A00EPTANCE DRIES*, '- GUARANTEE • L YEAR PROM AOOKPTANO$ kb SPEC *0001X0 OBRtIFI*D TURP0RAS6,ST. AUGUSTINEOR KENTUCKY BLUE PLASM *001X0 DRWO*. r 4" PLANTING SOIL UNDERALL SOD DRWO$. - GUARANTEE • I MONTHS PROM COMPLETION NO *PEG IRRIGATION DRWQ*. *AOKPLbWPRSVRNtfl DRWOS. WATER METER DRAWS, HOSE 118* FOR MANUAL WATERING CONTROL WIRING f NO SPED CONCRETE REINFORCEMENT, NON-STRUCTURAL WELDED WIRE MESH MATERIAL WELDED WINE MESH LABOR NO SPEC ARCHITECTURAL PRECAST CONCRETE DREGS, CONCRETE BOLLARD* 10 - NO 014E0 METAL M*RIOATIONS DRWOS. TREE ORATES DRW00. PIPE BOLLARDS 11 01,10 MI00. SPECIALTIES DEM. FLAGPOLES 12 01 18 MECHANICAL DISCONNECT PLUMBING & MAKE SAFE FOR DEMOLITION 02/08/200:1 PM LABOR'. SUB 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 NIO NIC X10 ,N10 0 0 0 0 0,192 000 e o 0 0 1410 NIO 1110 NIO NIG 1110 0 0 0 0 0 0 10 JAMES l �MINOS, INC. 0 0 0 0 0 0 0 0 0 1410 NIC 0 0 0,792 0 0 1110 1110 0 0 0 1NOL INCL. IN01. -INOLUOERIN: EARTHWORK INCLUDED IN EARTHWORK INCLUDED IN PHASE 1 INCLUDED IN OWNERS ALLOWANCE 41401.13020 IN OWNERS' ALLOWANCE INCLUDED IN OBINERS ALLOWANDO 001.13000114 OWNERS ALLOWANCE Nip+SY OWNER INCLUDED IN OWNERS ALLOWANCE INCLUDED IN OWNERS ALLOWANCE INCLUDED IN OWNE.RSALLOWANOE INOLUDND IN OWNERS ALLOWANCE INOLUDND IN OWNEROALLOWANCE 1NOLU000 (NANA*. ALLOWANCE INOL13000 IN OWNERSALLOWANOB : INCLUDED IN OWNERBALLOWANCE 14900E0 IN OWNERBALLOWANOE .110- BY OWNER 1140113000 IN 0W11SRS ALLOWANCE INOLU0EO IN OWNERS ALLOWANCE << INCLU0E0 IN SITE OONORETE INOLU000JN SIT; OONONETE -II1OLUDE01N SITE CONCRETE NOT INCLJBEE BELOW NOT INCL:18EE BELOW IRONSMITHMAC NOT REQUIRED! Not 11401,0000 N0T 11101./81111111110W NOT INC110EE 00LOW ROT REOUIRBO/ NOT INCLUDED NOT REQUIRED/ NOT INCLUDED TOTAL AREA 102,000 SF AND IOTA. *I8F 0 0.00 0 060 0 0.00 0 0,00 0 040 0 0.00 0 0.00 0 0.00 0 0.00 0 0.00 0 0.00 Q 0,00 0 0.00 0 0,00 0 0.00 0 0.00 0 0.00 0 -..0.00 0 0,00 0 0.00 0 0,00 0 0,00 0 0400 0 0.00 0 0.00 e 0.00 0 040 6 0.00 0 0.00 0.00 0 - _. 0.00 0,00 0.00 7,00 0,0T 040 0.00 0.00 0.00 0.00 0.00 0.00 5 X10 VILLAGE OP )SCAYNE VILLAIN! 011 KEY BISCAYNB BITS A MTN INPRASTRUOTURS AR6HR'E07: OPILLItOANDELA DMJM OMP PROPOSAL DATM PRORUARY 0, 2002 PHASE 6 WITHOUT PPAL AND SOUTHERN SELL VILLAGE GREEN WAY PROM We$T MOINTYRE STREET UP TO THE NORTH 510E or THE FIRE STATION DRIVEWAY TOTAL AREA 102,000 BF ITEM elOTION 10 N. 11 ORWOe. ORWOS, ORWOB. DRWO$, ORWO$, ORWOS, ORWOS, DRWOA, DRWOS, ORWOS, DRWOS, DRWOS, DRWO., ORW0/. DRWM, 01005, ORWMS. 0$WOS, ORwOS, OMENS, ORWOS. NNWOS. DSBORIPTION RIMOVIPRION &MAIM SAPS FOR DEMOLITION NLEOTRIOAL NLIOTRIOAL DUCT SANK 00MMUNIOATION DUCT NANK TILNPHONI A CADIA TV DUCT SANK PPAL MANNOLSS • FURNISHED OY PPM. INSTALLED SY OONTRACTOII PPAL CONDUIT • PURN10110 SY PPM. INBTALL80 BY CONTRAOTOR /1LL80U7H MANH01S/. PURN, A INSTALL11Y CONTRAOTOR OOMMUNIOATION MANH0LI8. PURN, A INSTALL SY OONTRAOTOR WATIRPROOPINO OF MANHOLIS PPBLPODIUM PO4Ne•NIC TEMPORARY ANAL POWER Palle. N10 PPAL OO11000TORO d CAMS • $10 PAD MOUNTIE!) TRANSPORMIRS • NIO MINIM. ;,.:.. PIANYIR LIOHTINO. PRIMACY LI081POLS NAOMI70 MBIT WIND LOADING ROM, 00N0RIlte IMUtPAttNY PADS 1588 NIINPOR010 PLASTID INOLOSURES ROL00ATI IXIBT'O LIOH7 POLES A LIGHT POLS PULL OOXOO • NI0 REMuVI OUSTING FM1L 110,17 POLIO & PULL BOXMM • NIO NIMOVS MISTING PEAL OVIIIHIAD POLO & POWER 111108 • NIO CONNIOTION TO FOUNTAIN PUMP A CONTROLLER ILLUMINATION MISTING 110NED A SIALID 57 PS 001111107101170 IRRI0ATION CONTROLLER TEMPORARY IIL407111* 015001111/07 IXIetINO A MAKS SAPS FOR OEMOLITION MODIFY IXTONT OP RESTORATION BY ADDING 8U8PAaE WORK 7011110211011 MAMMAL LABOR sub rOTAL 11,80 11,8 SUBCONTRACTORS NAME GRAND TOTAL NOT ReOUIREW NOT INCLUDED PIBK/ BONDED IOL IN SEPERATE OMP P08 01107 BANN & WATERMAIN 101 IN BEPERATE 0MP POI DUCT BANK & WATER MAIN 101 IN BEPERATE GRIP PIM DU07 BANK A WATER MAIN 101. IN BEPERATE OMP FOR DU07 BANK & WATER MAIN 1011N SEPERATE 0MP FOR DUCT BANK & WATER MAW IOL IN SEPERATEOMP FOR DOT SANK A WATBR MAIN IC/ IN SEPERATE 0MP}OR 01107 BANK & WATBR MAIN 10111 SEPERATE OMP P08 M107 BANK & WATER MAIN NIC • BY OWNER NIO • BY OWNER NIO • BY OWNER NIC • BY OWNER INOLU000 INCLUD00 INOLU00D NOT RIOUIR80/ NOT 11101.0000 NOT R8OUIREO/ NOT 111010000 1110 • BY OWNER N10•BY OWNER NM • BY OWNER N0T 1180UIR80/ 1107 IN0111080 11101.11000 INOLUDEO IN PHASE 1 11101.11000 NOT REQUIRED/ 1107 INCLUDED NOT REQUIRED/ NOT INCLUDED 11,80 SUBTOTAL OHIOK SUBTOTAL SALI0 TAX 01% LABOR 1UR00N 811070741 0,6 2,78 60,87 60,8 68,8 424 1,880 72,172 72,17 72.172 $/5P 0.00 0,00 0.12 0,00 0.00 0.00 0.00 0,00 0.00 0.00 0.00 0.00 0.00 0,00 0.00 0.00 0.00 0,00 0.00 0.00 0.00 0.00 0.00 0.00 0,00 0.00 0,00 0.00 0.00 0.00 0.71 0.00 0.00 0.00 0.00 0.00 0,00 0.00 0,71 0.00 02/08/2002 03:35 PM JAMES A, CUMMINGS, INC. 6 VILLAGE OF KEY BISCAYNE VILLAIN OF KEY BISCAYNE SITE & SITE INFRASTRUCTURE AROHREOTI SPILL'S OANDELA.OMJM OMP PROPOSAL DAMS: PESRUARY 8, 2002 PHASE 6 WITHOUTPP&L ANO SOUTHERN BELL- IALLAOE GREEN WAY PROM WEST MOINTYRE STREET UP TO TH RTH IOEOP TS P116 STATION DRIVEWAY ITEM r110710N DESCRIPTION I MATERIAL.1 LABOR OUR TOTAL OWNER'S PR 1601W6 L� MBILIIY INSURANCE SUILOER'S RISK INSURANCE PERMITS PSRPORMANOSSOND SUBTOTAL DBDION PHASE PEE CONp7RU0TI0N PHASE FEE SXTENDPROJEOT TWO AND A HALF MONTHS FOR INFRASTRUCTURE WORK CONSTRUCTION OONTINGSNCY OVERHEAD & PROFIT OWNER'S -SALES TAX SAVINGS PRODRAM SUBTOTAL SUBTOTAL SUBTOTAL SUBTOTAL TOTAL THE FOLLOWING ITEMS OF WORK ARE SEPARATE OWNER ALLOWANCES WHICH ARE NOT INCLUDED IN THIS PROPOSAL AND WHIOH 00 NOT INCLUDE ANY. CONSTRUCTION MANAOSR'S MARKUPS FOR PERMITS, TAXER, INSURANCE, BONDS, OONTINOENOISB ANDOVERHEAD AND PROFIT, POUNTAIN AT WEST MOINTYRI STREET FCATURYCOLUMNS • 6 EACH TRAFFIC 01101.12 ARCHITECTURAL ELEMENT PARK CA2800 TRELLIS ARCHITECTURAL PRECAST 0 600 400 076 71,847 UBDONTItACTDRB_NAMR OWNERALLOWANOE OWNER ALLOWANCE NOT INOL, 2,627 - 0101, IN SEPARATE OMP POR DUCT BANK & WATER MAIN 79,474 600 70,974 600 77,474 80,068" (1,2141 78,748 40,000 -()WREN ALLOWANCE NIC . WORK BY OWNER 40,000 OWNEII ALLOWANCE NIP •WORK BY OWNER 126,000 OWNER ALLOWANCE NIo . WORK SY OWNER 26,000 0WBOt AN,00AN0B_NI0, WORK BY OWNER 10,000 0 N R ALLOWANCE NMC.WORK BY OWNER 4,000 OWNERALLOWANCE NIC . WORK BY OWNER TOTAL AREA 102,900 81, GRAND TOTAL 109 0 0,00 800 0.00 400 0.00 070 0.01 0,00 70,047 0.12 0.00 NOT INCL, 0.00 2,627 0.02 0 0.00 0.00 0.76 0.00 0,00 0,00 0.76 0;00 6;06 0.00 0,70 0.00 0.00 0.00 0.70 0.00 0,01) 6,00 0,70 76,474 600 70,674 600 77,414 6.486 60,000 (1,214) 70,746 021082002\ P JAMES A( ,011NCS, INC. VILLAEE OF KEY BISCAYNE SITE SfflRiPRASTRUOtURE -ARONITEOTI SPILLIS-CANDELA DMJM OMP PROPOSAL DATBI FEBRUARY 8 2002 DESCRIPTION SIISO.SPECIALTIES FLORIDA POWER & LIBNT AND SOUTHERN BELL WORK PROVIDED BY OWNER VILLAGE 0 )ASCAYNE PHASES WITHOUT PP&L AND SOUTHERN BELL VILLAGE GREEN WAY PROM WEST MCINTYRE STREET UP TO THE NORTH SIDE OF THE FIRE STATION DRIVEWAY 0,000 OWNER ALLOWANCE NIC ',WORK EY OWNER 0 SEE ELECTRIC DUCT BANK & WATER MAIN OMP TOTAL 275,000 SUBCONTRACTORS NAME TOTAL AREA 102,000 SF 02/0812002 03:35 PM JAMES A, CUMMINGB, INC. 8 VILLAGE OF KEY•BISCAYNE WILLA0801' KEY BISCAYNE SITE & SITS INFRASTRUCTURE ARCHITECT: WPELLIS CANDELA DMJM OMP PROPOSAL DATE: PIERUARY 5, 2002 THIS PROPOSAL IB OOETWOENT UPON COMMINOS CONSTRUCTING THE KEY BISOAYNS OW10 RECREATION CENTER. IN THE EVENT CUMMINOSDOES NOT CONSTRUCT THE KEY BISCAYNE CIVIC RECREATION CENTER THIS PROPOSAL SHALL 88 NULL & VOID PHASE 4 WITHOUT PP&L AND SOUTHERN BELL FERNWCOD ROAD PROM WEST MCINTYRBSTREET NORTH-TOTHE PROJECT LIA11T8 TOTAL AREA 104,000 BP LIME 11 ION DESCRIPTION GENERAL CONDITIONS SEE WINDOW EXTEND PROJECT TWO AND A HALP MONTHS POR INFRASTRUCTURE WOR NOTE: WORK FROM CRANDON BLVD 1»' WEST ALONE NORTH VILLAGE OREBN WAY IS NOT INCLUDED AND SHALL Be PROVIDED BY OTHERS 00020(OPIL) SOIL INVESTIGATION DATA REPORT RY K&B NO SPEC NO SPEC NO SPEC COORDINATOR DRAWINGS PIED*NOINEERINO PINAL suRVEY. OWNER ALLOWANCES PURNISNIINSTALL COMPLETE 1, ONGITE LANOSOAPINOISODNRRIOATION 2. FOUNTAIN AT WEST MCINTYRE STREET S. FEATURE COLUMNS • S EON 4: TMPPIO OIRCLN ARONITEOTUNAL ELEMENT O. PARK 0,02880 6 TRELLIS 7. ARCHITECTURAL PRECAST S. MI50. SPECIALTIES O.COMMUNIOATION DUCT BANKS BETWEEN ELDOS 10. POLICE SWOURITY CONDUIT 11. PIRO SECURITY CONDUIT `1W FLORIDA POWERS LIGHT AND SOUTHERN BELL NO SPEC OONSTRUOTION PHOTOOMPH$ NO SPED QUALITY CONTROL WY OWNER 2 NO RIO MAINTENANCE OP TRAPPIC DRWOS. TEMPORARY PENCE DRWOS, BARRICADES- ORWOB, PLAOTIO DRUMS DRIVEL SURGE DAWES. WARNING LIMITS& PLASHERS DRWOS, ALL SIGNIOR A BARRICADES PER P00T SPEC MAINTENANCE OFSIONA08 & BARRICADES 02Q00 (SPA) OBMOLITICN,REMOVALB AND RELOCATION 14 COORDINATION MATERIAL LABOR 318 B0 88 18,00 NIO NIC NIC N10 N10 NIO NIC N10 NIC NIC 2110 N10 NIO N10 NO N10 N10 NI0 N10 NIO 1110 0 NIC NIC 1110 IN CC`S TOTAL SUBCONTRACTORS NAME GRAND TOTAL 0 0 INCLUDE IN RED. CENTER 0:101. IN. *OPERATE 0MP FOR DUCT SANK A WATER MAIN 0 80 8 JAC - --JACIBALANOB. IN-SITEWORK' JAONJAO 18,00 OWNER ALLOWANCE NIC NOTINOL.ISEE ENLOW 1410 NOT INOLJ818 BELOW NIC NOT INOLI808 BELOW NIC _ NOTINOLMER ENLOW NIC NOT INOLJSES 'SLOW NIO NOT. INOLASEE BELOW NIO NOT INCLJSE8 88LOW -O IOL IN 08P8RATE GNP NOR 01101 SANK & WATER MAIN O IOL IN SEPERAt* GAP FOR DU01 BANK & WATER MAIN 0JCL INEVER ATEOMP PEA DUCT BANK& WATER MAIN NIO _ .. NOT INOLJB'8 DELOW LUDN0:1IN 08NBMLOONPITIONS NN:- BY OWNER ' INCLUDED INEARTHWORK INCLUDED W EARTHWORK INCLUDED IN EARTHWORK INCLUDED IN EARTHWORK INCLUDED W. EARTHWORK. INCLUDED W EARTHWORK 1N0LUDEDIN EARTHWORK INCLUDED IN EARTHWORK NOTRECUIREOI NOT INCLUDED NOT REOUIREDwNOT INCLUDED 0 8 8 18,000 ESP 0,00 0.00 0.00 0.00 0,00 0.00 0.00 0.00 0.00 0.01 0,01 0.00 0.00 0.10 0.00 0,00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0,00 0,00 0.00 0.00 0,00 0.00 0,00 0.00 0.00 0,00 0.00 0.00 0.00 0.00 JAMES Af )RINGS, INC. 0 VILLAGE OFt )ISCAYME VNMOR OF KEY-B100AYNB SITE & SIT*INFRASTRUCTURE ARCHITECT: SPILLIS CAMOELA DMJM IMP PROPOSAL DATE: PEIRUARY S, 2002 THIS PROPOSAL 1000$VVNONNT UPON CUMMINGS CONSTRUCTING THE KEY BIODAYNS CHID R*ORMTION MINTER. 1117142:NVINT CUMMINGS DOB, NOT 00N0TRUCT THE KEY BNOAYNO CIVIC R0ORSATION CENTER THIS PROPOSAL SHALL Et NULL & VOID PHASE 4 WITHOUT 'P&L AND SOUTHERN BELL PERNWOOD ROAD Mom WEST MCINTYRE STREET NORTH TO THE PROJECT LI00T% TOTAL AREA 102,000 Sr ROM 0207100 DESORPTION MATIRAL LABOR BUS TOTAL BUSCONTRAOTORS NAME. GRAND TOTAL *10P NOT REQUIRED/ NOT INOLUDEO Not REQUIRED/ NOT INOLUDBD" Nor RIINNRBn/ Nor INCLUDED NOT ROOMED( NOT INCLUDED NOT REQUIRED/ Nor INCLUDED NOT REQUIREDI NOT INCLUDED NOT REQUIRED/ NOT.INOLUOED NOT REQUIRED/ NOT INCLUDED NOTREQUIREDI NOT INCLUDED NOT REQUIRED/ NOT INCLUDED NOT INCLJsea BELOW NOT INOLJSEB BELOW NOT INCL./SEE BELOW NOT REQUIRED/ NO7 INCLUDED NOT REQUIRED/ NOT INoLUDE0. Nor 1150UIR8D1 NO7 INOLUOBD PROTECT MINTING 70 REMAIN ENVK7RNMNNTAL PROTECTION *MAMBO MNINTEHM10R PILL !MISS AND HAZARDOUS OPONINGS RENOWN MATIMUILS AND DOINGS PROM OITN NALVAOLIMATORIAL0 DIIWOS. RIMOVM *11101100 SANK/BUILDING DEPARTMENT BUILDING DRW00. REMOVO IXNTINO BLDG. 02 SOUTH NMI OP SITE DKWOS. REMOVE INTO WALLS/11007100/ DRWOS, RIMOVN SIDEWALKS ..:DINGS.. . EMAOVI PPM, LIGHT POLES DRW00,. RDMOVI',P&LPoWIRPOLIES IPULL BONN N NI N.. REL0(7AT* PP*L POMP POLES 1 PULL SOUS ORWOI.. SURPAOI 0/00117100 WOW/11.- MWDUTTNORENTING ASPHALT . ORWOO, IIIMOVS ASPHALT UNPACK 1 IASI 4 62220 (SPIL( EARTHWORK 11.0.1 PR01001 MINTING STRUOTURES & PROPERTY .2 P110TM0T EXISTING STRUTS 1SIDEWALKS -. . O1' LAYOUT IA6-WILTS 412 OLOARINO A CRUISING DRWOS. REMOVE MINTING TRIMS ORWOS, RILOM7M BXIBTINO TRIMS IAA R11MOVE A DISPONI OP SUMMON LITTER 1 MORN .0 STMPA ST00KNLKTOPOOIL Al MOW TOP T OP 601l WITHIN. CONSTRUCTION AREA DISPOSAL OP UNSUITAOLM MANG M . EA *1TE PILLING & COMPACTION A PR00P ROLLOUT 6URPAOO 1.4 EXCAVATION FOR 0111107111156 4.T DAOKPILL AND COMPACTING SI DISPOSE OP 00100 MAMMALS DMWATSRINWNO MONO, PLAMMHOOTER) 1.10 TOTING SY OWNER 2.11 - - PREPARATION P011 TOPING 02414 ($P11) AOPNALTID 00NOR0TE PAVING 2d ►000RADR STAEILIZAIION 12" 2.2 - SAO* COURSE LIMEROOK 0" -2A PRIMED TACK COATS 02/00/200203:41 PM NEC NEC NEC NEC N10 NIO NEC N10 NEC NM NEC NIO 010 02,76 NEC NIC 02,76 NIC METRO SNOINOORINO 42,76 INCLODN) IROLU050 IN0LUD5D INWLUOOD INOLUDOD NIO - EY OWNER INCLUDED INCLUDED 0101,11080 NOT INDLUDBD INOLUDID INOLUOED NOT INOLJSEB BELOW INOLUOED Haunt) INCLUDED NIC • 8Y OWNER INCLUDED INCLUDED IN EARTHWORK INCLUDED W EARTHWORK INOL11DED W EARTHWORK INCLUDED W EARTHWORK 0.00 0.00 0.00 0.00 0,00 0,00 0,00 0.00 0.00 0.00 0.00 010 0.00 0,00 0.00 0.00 0.00 0.02 0,00 0,00 0.00 0.00 010 0.00 0.00 0.00 0.00 0,00 0.00 040 0,00 0,00 0.00 0.00 0.00 0.00 0,00 0.00 0.00 0.00 0.00 JAMES A. CUMMINGS; INC. 2 VILLAGE OP KEY BISCAYNE YILLAOE OF KEY BISCAYNE 8171 B BITE INFRASTRUCTURE ARCHITECT! BPILLIS CANDELA DMJM OMP PROPOSAL DAtm PEERUARY 0, 3002 THIN PROPOSAL 1E OONTINOBNT UPON: OUMMINGO QONWTRUOTINO THE. KEY BISCAYNE CIVIC RECREATION WINTER. IN THE WENT CUMMINGS DOES NOT.CONBTRUCT THE KEY BISCAYNE. OIVIO:RECREATION CENTER THIN PROPOSAL SHALL 1E NULL N VOID PHA814 WITHOUT PPBL AND SOUTHERN SELL PERNWOOD ROAD' FROM WESt1401NTYRESTREET NORTH TO TH PROJECT LIMITS TOTAL AREA 102,000 0 0RAN0 TOTAL INCLUDED IN' EARTHWORK RIO .• SY OWNER FOR DUCT BANK A WATER MAIN INCLUDED IN EARTHWORK INCLUDED IN EARTHWORK NONBSHOWNI NONE INOLUD06 EARTHWORK A M1TN CQNORI71 INCLUDED IN 817E 00NCK6TE INCLUDED IN EARTHWORK INCLUDED IN EARTHWORK RIO'• YY OWNER INCLUDED IN 817E 0DNCRBTB 'INQL OK•D INOITECONORITE INCL�DOD IN SITE OONORBTR EARTHWORK B SITE CONCRETE INCLUDED IN SITE CONCRETE JA0 .19,4 INCLUDED IN EARTHWORK lNCLUbEb IN EARTHWORK INCLUbED iN EARTHWORK INOLUDEP IN NAR7HWORK NOT INCLUDED BY OWNER N HOWI NE LUOND $NO01418I1HOWNNI NONEINO NINOOLUbEb RQNE.SHOW'S NONNIN0LUDED NONE-SHOWN/NONE INCLUDED NOT INOLUbl0 1410•BY OWNER - FOR DUCT BANK & WATER MAIN NM • BY OWNER Ph$ DUCT BANK & WATER MAIN. RIO • BY OWNER FOR 01)01 SANK a WATER MAIN FOR DUCT BANK & WATER MAIN F P011 DUCT YANK a MAIN MP FCRPUCT BANK A WATER MAIN FOR DUCT BANK B WATER MAIN F011 DUCT BANK & WATER MAIN _P F M1JCT BANK & WATER MAIN. PR DUCT BANK & WATER MAIN ITEM INEOTION - DISORIPTION -. . . 2A" AOPHALTI000NCRETE 11720 Pit 6 52 110TIN0 EY OWNER . .. PAVEMENT RESTORATION - BRWOS, NEW MEDIAN CUT AT CRANDON BLVD. ORWOB, MODIFY 1XIBTINN MEDIAN CUT AT ORANDON BLVD. NO SPED PORTLAND CEMENTOONORITE PAVING 02114 (SPIL) 00110. EIDIWALKB, CURSE, CURES & CHITTIES & WHEEL STOPS 00110ROT6 SIDEWALKS A.2▪ ` 0URB0 SA CURBS *UTTERS -OA '-- - TOTING EY OWNER DRWOB 1` CONCRETE BASE FOR PAVERS AT PIRISTATION OURS CUT 01.11011 4' CONCRETE SIDEWALKS 01 WOS 12" A 24" WIDE CONORET¢ BANDS DRW08 00LOR8000E0, AT CURBS, NUTTERS, SIDEWALKS 8 BANDS MOVES CURE* AT TREE ORATES, B11 SITE CONCRETE WINDOW 02100 (OIL). PAVEMENT MARKING 1.1 'PER. PDQT-OPBOIPIOATION6 0.0 .SPARIPAINT NONP10, OITIOIWNA01 . NO SPED, TOWNSSIGNALIZATION 0 02222 ISM) EXCAVATION, IACKPILLING AND COMPACTING FOR UTILFFI6 1,6440 PROTE0T.1X1OTIN0 UYILR110, SIDEWALKS B STREETS HANGIXOAVATION 0,1A OEWATIRING .0 noon UNSATISPAOTORY SOIL SA TESTING BY OWNER 02490 WATER DISTRIBUTION 1E4.1 WATER METERS 2 TAP TO 7141 EXISTING LINES .0. . NUR DEPOSITS:a SIRW0E 00NN10TION.OHAK018 SY OWNER $.1A DUCTILE IRON W/ CEMENT MORTAR LINING 22 "70RiYC 24 PW?INOS & SPECIAL ITEMS 2A VALVES 2A OAST IRON VALVE BOXES 2.1 PMEHYDRANTB 2,7A DISINFECTION 3,2 COPPER PIPING FOR WATER SERVICE LINES 8" OR L886 MATERIAL" 7,40 NO 1210 LABOR sac NO BID SI M 2,2 110 BID JAMES Af �Y11NGS, INC. 0 TOTAL 10,31 SUBCONTRACTORS oL INSEPIRA7E OMP 111011)060111 INCLUDED IN IOL IN OEPERATI OMP T 0 410L114 SEPARATE 0040 0 016E IN 01P6RA7100 7 WON3EE`1RAN0MF 0101 W OPERATE OM Olgl INEEPERA7E G 01011114 SEPARATE 0541' R (OLIN SEPARATE OMP SIN REPRIEVE WM 0 104 INSEPERATE OMP I S/6F 0.00 0.00 0.00 0.00 0,00 0.00 0.00 0,00 0.00 0,00 0.00 0.00 0.00 0,00 0.00 0.00 0.4I 0.00 0.00 0.00 0.00 0.00 0.00 0,00 0.00 0.00 0.00 0.00 0.00 0.00 0,00 0.00 0.00 0.00 0.00 0,00 0.00 0.00 0.00 0.00 0.00 3 VILLAGE 6 ISCAYNE VILLACHIOM Kay 01*OAY118 s *RB & ant aintaertuetuaa AROHITIOT: SPILLIS DANDBLADMJM OMP PROPOSAL ONTO: FEBRUARY 0, 2002 THIS PROPOSAL IS CONTINGENT UPON CUMMINGS CONSTRUCTING TH8 KEY BISOAYNE CIVIC RECRDATION CENTER, W TNB.EVINT CUMMINGSOOEE NOT O0NETNUOT TH8 KEY BISCAYNE MVO RECREATION CENTER THIS PROPOSAL SHALL BE NULL A VOID PHASE 4 WITHOUT PP&I. AND SOUTHERN BELL FBRNWOOD ROAD PROM WEST MOINTYRE STREET NORTH TO THE PROJECT LIMITS TOTAL AREA 102,000 AP GRAND TOTAL ITEM I SECTION *40 4.11+10 0.12+10 DRWOS DRWG$ °RINGS 02720 2.1.E .0 2X 2.114 0A O.S ORWO*, DRWOe. DRWO$, DRUMS. ORRIS. DRUGS, N0 SPIO DESCRIPTION DUCTIS*IRON PIPES) POR WATER SERVICE LINES 4* OR LARGER THRUST0400KS TeetoNO SY OONTRA0T0R DI*INPEOTIO$ &OONNNOTION TO EXIST. WATER MAW$ EAOKPLOWPRNENTOR$ & DDOV1 ADJUST EOIETINO WATER METER VAULT REMOVN EXISTING WAVIER METIER VAULTS CAP SXISTINO WATER LINO PROVIDE WATER SERVICE TO MOUNTAIN PROVIDS WATER $ERVIOE TO IRRIGATION STORM DRAINAGE *YSTBM CORRUOAIID ALUMINUM PIPS. 00RRU0ATOD OTEBL ripe WI $ITIIMINOUS COATING ORAINAOE $TRUOTURNS SALMI/ ROOK A PLASTIC FILTER FABRIC EKPILTRATlON TRENON. TESTING BY CONTRACTOR. ADJUST EXISTING CATON SNOWS TO REMAIN OAP BKIOTIN* STORM *EWER IIIMNE MISTING CATON BASINS AND ASSOCIATE& PIPING *EMOVI SK1*TINS TRENCH DRAIN: NEMOVI EXISTING FRAME & 08.17E AND PROVIDE NEW IKPILTRATION TRBNOH TOIL BELOW BKI*T'0 GROUND NUN. SANITARY *2*88 SYSTEM PIPE, P1110100 & MANHOLES UNITING INSP$OTION $T CONTRACTOR SANITARY SEWER P08 MOUNTAIN - - 7 - 02017 SOLID INT8RL00KIN0 00110. PAVERS 2.2 0111" THICK KEY SHAPE & NEOTANO. AT EDENS O.0 NOON R88TRAIN7* 2A _ . . *AND 141010 GOURDS I" SAND FOR JOINTS --- .O11 OUT PAVERS WITH KA0:NRYSAW .0 TOL1MN0B0 1112" OPPeET 4 111" IN 10' FROM LEVEL .8 IEXPANSI0N & CONTROL JOINTS • SEALANT PILLED 4.4.5. . COIL ST$RILIZ*R. .0 VIBRATO CONC. PAVERS INTO LEVELING COUREN .04.. SAND FILL AT JOINTS OA REPAIR, CLEANING & PROTECTION DRWO$. 00NORET$ FAVOR ROADWAYS 02/08/2002 03:41 PM LABOR 8,80 0 0 0 0 TOTAL 0,80 SUBCONTRACTORS NAME I0L IN 88PBRATE OMP FOR DUOT BANK & WATER MAIN 101. IN 88PBRA7E OMP FOR DUCT BANK & WATER MAIN !01:111 88P8RATE 0111' FOR DUCT BANK & WATCER MAIN 104 IN SBPERATE OMP POR DUCT BANK & WATER MAIN NON8 SHOWN/NONE INCLUDED 101. IN SEPSRATB OMP POR OUST BANK & WATER MAIN 101.11188PERATE OMP POR DUCT BANK & WATBR MAIN 101. IN OPERATE OMP POR DUOT BANK & WATER MAIN NOT REQUIRED/ NOT INCLUDED INOLUDBO IN PHAS81 NONE SHOWN/ NONE INCLUDED N0N88HOWN/ NONE INCLUDED NONE SHOWN/ NONE INCLUDED NONESHOWNINONE INCLUDED NOUN SHOWN( NONE INCLUDED NONE MOW NONE INOLUOED NONE SHOWN/ NONE INCLUDED .110118 SHOWN/ NONE INCLUDED NONE SHOWN/NONE INCLUDED NONE SHOWN/ NONCE INOLUDBD NONE SHOWN/NONE INCLUDED NONE SHOWN/ NONE INCLUDED NONE5HOWN/ WINN0401U080 NOLUDBD IN 88PBRATE 0111' POR AOMIN/POLIOE OLDS NOLUDEO 11188PBRATE OMP FOR AOMINMOL/OB 01.00 NCLUDEO IN SEPERATB 0111' POR AOMIN/POLIOB OLDS NONE SHOWN/ NONE INCLUDED HOLLYWOOD 4T0N8/ BONDED 11101.UDCE0 A8 2.010" RECTANGULAR INOL INOL WM. INOL !SOL NOT REDUIRBD/ NOT INCLUDED INOL 11104 14101. 11101. VIOL 8,80 O/81' 0.00 0.00 0.00 0.00 0,00 0.00 COO 0.00 0.00 0.00 0.00 0.00 0,00 0.00 0:00 0.00 0.00 0.00 y; OAO 0.00 0.00 0.00 0.00 0,00 0.00 0.00 0.00 0,00 0.07 0.00 0.06 0,00 0.00 0.00 0.00 0,00 0.00 0,00 0.00 0.00 0.00 'JAMES A. CUMMINGS, INC. 4 VILLAGE OF KEY BISCAYNE VILLAGE OF KEY BISCAYNE SITE & SITE INFRASTRUCTURE ARCHITECT: SPILL'S OANDEIA DMJM OMP PROPOSAL; DAYS: PRR.RUARY 5,2002 THIS PROPOSAL 10 001110 0011 UPON OUMMINOS CONSTRUCTING THE KEY BISCAYNE CIVIC RECREATION CENTER. M THE WENT OUMMINOSDOIS NOT 60NSTRU6T THE KEY BISCAYNE OMDRECREATIONCENTER THIS PROPOSAL SHALL BE NULL & VOID PHASE 4 WITHOUT PPS. AND SOUTHERN. BELL PIRNWOODNOAOPROMWEST MCINTYRE STREET 1OR11: TO THE PROJECT LIMIT TOTAL AREA 102,000 SP 1 ITEM 1 SOOTION DRWOS. OONORETE PAVER PARKING AREAS DRWOS, OONORITI PAVER SIDEWALKS ORWOO, COLORED PAVERS 11011 TRAPPIO MARKINGS DRLVOS. It STABILISED 8U14$ADE ORWOE, 0' Olt O' LIMIROCK BASE ON 011E 00NORETI PAVERS AT FIRI AND POLICE DESCRIPTION S NO SPIO LANDSCAPING - DRWOS, PUNT MATERIAL PLA 140,10R SETTER PRWOS, MULCH DRWOS. WIND CONTROL PAIRS) NEWS. TWIN RIL00AT10N DRW0I. MAINTENANCE UNTIL PINAL AOOEPTANOI ORWOI, OUARANTII It 1 YEAR MOM AOCIPTANCI NO IPIG SODDINO OERTIPIID TURPORASO4IT. AUGUSTINE OK KENTUCKY ILUI PLASTIC 1001110 ERWOO. 4' PLANTING SOIL UNDER ALL 110D CRWOS. OUARANTI I a MONTHS PROM DOMPLITION NO SPED IRNIGATION DRWOO, SAOKPLOW PREVBNTIR DRW00. WATER MITER ORW011. HSSI LIES POR MANUAL WATENINO CONTROL WIRINO 0 NO SPEC OOKORNY, ROINPORONMINT, KON-STRUOTURAL WELDED WIRE MESH MATERIAL WELDED WIRE MISHUBOR MATERIAL LABOR J• SUB 0 TOTAL NO SPED AR(1HIT00TURAL PRIOAST CONCRETE NIO NIO N10 NIO DRW00. CONCRETE SOLLARDI "1410 "' NI00 - " 1110 :-=1110 -. 0 . ... 0 0.,_ NO SPEC METAL PASRIOATIONO - - O 0 0 _. -0RW00, TOW GRATER* . . . - 1,740 TM 0 ORW00. PIPE 'POLLARDS 000 000 S08 D 0 0 11 ON.10 MISC.SPBOIALTIIS NIO NIG NIO 1410 DIMES. PLAOPOLI* WC NI0 1410 MD 0 0 0 0 12 OW 16 MIOHANIOAL O 0 0 0 DISCONNECT PLUMBING & MAKE SAFE FOR DEMOLITION 0 0 0 0 0 0 8,450 2,038 0 SUBOONTRACTORs NAME i1GRAND TOTAL' OISP 1 INCL 0 0.00 1N0L 0 0.00 INOL 0.00 INCLUDED IN EARTHWORK 0.00' INCLUDED W NARTHWORK 0.00' INCLUDED IN PHASE 1 0.00 0.00 INCLUDED )14 OWNERS „ALLOWANCE 0,00 INCLUDEDIN OWNERS. ALLOWANCE 0.00 INOLUDIDIN OWNER&ALLOWANOO 0,00 INGLUDEDIIN OWNBRSALLOWANOR 0.00 NIC a BY OWNER 0.00 04014/011) IN OWNEROALLOWANOS 0 0.00 INSLUINM IN OWNERS ALLOWANON 0.00 11404U0121) IN OWNERS ALLOWANCE 0.00 INOLUDID IN OWNERS ALLOWANCE 0.00 INCLUJONOIN OWNERS ALLOWANCE 0.00 INCLUDED IN OWNERS ALLOWANOI 0.00 11401,01)013 IN OWNERS ALLOWANCE 0,00 JACLUDNO'W OWNERS ALLOWANCE 0.00 INC.VDEOIN OWNERS ALLOWANCE 0.00 NJ0• SYQWNUN 0.00 INCI.IIDEPJN OWNERS ALLOWANCE 0.00 INOLUDEO:IN OWNERS.AILOWANOE 000 0.00 INCLUDED 1140171 DONORETE - MOO INCLUDED IN SITE OONCRBTE 0.00 „ I.LLUDED IN SITE:OONCRBT1 - 0.00 0.00 0.00 0.00 0.00 0.00 0,00 0.00 2,00 0,03 . NOT INOL,ISEI MOW NOT INOLJSEE 88LMS IR0NSMITHIJAO DIXIEMETALS/JAO NOT INCLJSEE BELOW NOT INOLJSEB BELOW INCLUDED IN PHASE INCLUDED IN PHASE 0.00 0.00 0.00 0,00 0.00 0.00 02/08t200A1 VILLAGE OP, BOAYNE' VILLAOB OP KEY BISCAYNE alT! m 4RE INPRASTRUDTURE ARCHITECT, SPNLIs CANDELA DMJM OMP PROPOSAL DATE: PERRI/ANY 02002 THIS PROPOSAL Is OONTIFI,OENT UPON OUMMINOS CONOTRUCTINO THE KEY BISCAYNE OMIC RECREATION CENTER, W THE EVENT CUMMINGS DOES NOT OONSTRUCT THE 1(3V BISCAYNE-CNIO RECREATION CENTER THIS SHALL SE NULL & VOID 10 DIVA* DRWGS, ORWGs. ORWOe, DRWOE, DEMOS, ORWOS, 0RW08. DRWSE, DRWOE, ORWG8, DRWGS, ORWOS, ORW00,- ORWOs, ORWO3, ORWGO. ORWO$, ORWOS, 0RW0s. DRWOs. ORWOS. DRWIS, P144034 WITHOUT PPAL AND SOUTHERN BELL PERNWOOD ROAD FROM WEST MCINTYRE STREET NORTH 70 THE PROJECT LIMITS DESORPTION REMOVE PRISM A MAKE CAPE FOR DEMOLITION ELECTRICAL ELECTRICAL DUCT BANK ODMMUNIOATJON DUO/ BANK TELEPHONE & MILE TV DUCT RANK FM MANHOLES • PURNISHED EY FOAL INSTALLED SY CONTRACTOR PPS, CONDUIT. PURNtONBO BY PPAL WOTALLED BY 00NTRACTOR EELL000TH MANHOLES. PURE. & INSTALL EYOONTRAOTOR COMMUNICATION MANHOLEO•PURN, O INSTALL BY CONTRACTOR WATERPROOFING OP MANHOLES PPSL POWER POLES • NIO TEMPORARY. PP&L POWER POLED • NW PP&I. CONDUCTORS E CABLES. NIO PAD MOUNTED TRANSFORMERS • NIO Ono mew INO _. P130431 LNIHTPOLE IMMO TO MEET WIND LOADING RED, 00110101111 EQUIPMENT PADS FNIER REINFORCED PLAOTIO 01101.00URBO RELOCATE MXIST'0 LIGHT P0.E0 B LIGHT POLE PULL SOX'S • NIO REMOVE EXISTING P$&6, LIGHT POLES & PULL 00%00.1110 REMOVE EXISWING PM OVERHEAD POLE A POWER LINES. N10 CONNECTION TO FOUNTAIN PUMP A CONTROLLER W.UMINATION TESTING SIGNED & SLED PE COMMOTION TO IRRIGATION CONTROLLER TEMPORARY ELECTRIC DI800NNEOT EXISTING 4 MAKE OAP! POR DEMOLITION MODIFY EXTENT OF RESTORATION OW ADDING SURPACO WORK TOUNDBROR MONICA LABOR 0 OTAL 0 0 NOT REQUIRED/ NOT INCLUDED 070. IN OVERATE OMP FOR DUCT BANK A WATER MAIN O 101. INSEPERATE OMP POR DU OT BANK S WATER MAIN 0101. IN SEPERATE OMP P01IDUOT BANK S WATER MAIN 0 101 111 SEPERATE 01017 FOR DUST BANK & WATER MAIN 0 ICI. 1N SEPERATE OMP POR DUCT BANK & WATER MAIN 0 /OLIN SEPERATE 0MP FOR DUCT BANK B WATER MAIN ICI. IN SEPERATE OMP FOR DUCT BANK B WATER MAIN ICI. IN SEPERATE OMP FOR DUCT BANK & WATER MAIN 100 • BY OWNER NIO • SY OWNER 1410 • BY OWNER MO • SY OWNER NOT REQUIRED/ NOT INCLUDED NOT REQUIRED/ NOT INOLUOED NOT REQUIRED/ NOT W010060 NOT REQUIRED) NOT INCLUDED NOT REQUIRED/ NOT INCLUDED 1410.OY OWNER NIO • EY OWNER Nl0 . EY OWNER NOT 1160UIR60/ NOT INCLUDED NOT REQUIRED/ NOT INCLUDED NOT REQUIRED/ NOT 11031.0030 N07 REQUIRED/ NOT INCLUDED NOT REQUIREDI NOT INCLUDED NOT REQUIRED/ NOT INCLUDED SUBTOTAL _ mows OUB707A, SALES TAX 5,604 LABOR BURDEN SUBTOTAL 02/08/2002 03:41 PM 16,80 7,286 80,02 JAMES A. CUMMING8 INC. 112,06 112,08 1,027 4,866 110,070 118,07 118,076 TOTAL AREA 102,000 SP SUBCONTRACTORS NAME UMW' -Vein IN0LU060 IN PHASE 6 0.00. 000 0,00 0.00 0.00 0.00 0.00 0,00 0.00 0.00 0.00 0.00 0.00 0,00 0.00 0.00 0.00 0.00 0.00 0,00 0,00 0.00 0.00 0.00 0.00 000 0.00 0.00 0.00 0.00 0.00 1.10 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1.10 0.00 6 VILLAGE OF KEY BISCAYNE VILLAGE OP KEY BIBOAVNE M TN 0 SITE INFRASTRUCTURE ARCHITECT: SPILLIS CANDELA DMJM OMP PROPOSAL DATEt FEBRUARY 4, 2002 THIS PROPOSALIB CONTINGENT UPON CUMMINGSCONSTRUCTING THE KEY BISCAYNE CIVIC RECREATION CENTER. 00111 _ __ _ M THE:BV'iNT OUMMINGE GOES NOT O0N8YNU0T THE KEY BISCAYNE CIVIC RECREATION CENTER THIS PROPOSAL SHALL BE NULL S VOID PHASE 4 WITHOUT PPS. AND SOUTHERN BOLL PENNW00D ROAD MOM WEST MCINTYRE STREET NORTH TO THE PROJECT LIMITS TOTAL AREA 102,00013P ITEM SECTION DESCRIPTION OWNNR'S PROTEOTNE LIABILITY INSURANCE BUILDER'S RISK INSURANCE PERMITS PERFORMANCE BOND _ SUBTOTAL MATERIAL DESIGN PHASE PEE CONSTRUCTION PHASE PEE EXTEND PROJECT TWO AND A HALF MONTHS POE INFRASTRUCTURE WORK SUBTOTAL CONSTRUOTIDNCONTINGENCY OVERHEAD A FROFIT. OWNER'RSALES TAX SAVINGS PROGRAM SUBTOTAL SUBTOTAL SUBTOTAL TOTAL THE FOLLOWING .ITEMS OP WORK ARE SEPARATE OWNER ALLOWANCES WHIN(ARV NOT INOLODED IN TH10:►ROPOSAL ANOWHICH 00 NOT:INOLUDE MIT OONSTRUOTION MANAOBR'SMARK•UPS FOR PERMITS, TAXER INSURANCE, BONDS, OONTINQSN01E8 AND OVERHEAD AND PROFIT. FOUNTAIN AT WEST MOINTYRE STREET FEATURE COLUMNS •*IMO TRAFFIC CIRCLE ARCHITECTURAL ELEMENT MANE GAZEBO TRELLIS ARCHITECTURAL PRECAST 0210E/2002 PM JAMES LABOR 0136 INGS, INC. TOTAL ' 0 1,300 800 3,300 12241* NOT INCL. 0= INCLUDE I REQ. CENTER - O IOL IN SEPERATE OMP•POR 03CT BASIC & WATER MAIN SUBOONTRi R OWNER ALLOWANCE OWNER ALIAWANOE 122,41* 2,000 124,49 2,000 120,47* 152,I0&' (1,063) 130,186 00,000 40,000 126,000 26,000 16;000 4,000 Orr AIiyOWANQE N10 Ow$6R ALLOWANOB No Oy1INEN'A.LOWAN00 N10 OWJNA'11 ALLOWANCE N10 PWNNN ALLOWANCE NIC QWJJK,R„ALLoWANC6 toe WORK *7 OWNER • WORK BY OWNER - WORK or OWNER WORK BY OWNER • WORK BY OWNER • WORK BY OWNER GRAND TOTAL 0 1,300 800 2,300 122,41* NOT INCL. 0 0 122,47* 2,000 124,47* 2,000 120,47* 6,001 1$2,146 (1,083) 130,106 0.D0 0.01 0.01 0.o2 0,00 1.20 0,00 0.00 0.00 0.00 0.00 1.20 0.00 0.02 0.00 1,22 0.00 0.02 0,00 1.24 0,00 0.04 0,00 1.00 0,00 (0.02) 0.00 1.2* 7 VILLAGE OFD )SCAYNE Vowing or KEYBISOAYNB` BITE & BRB INPRASTRUOTURE AAONITE0T SPILl3 CANDELA DRUM - - - OMP PROPOSAL DAM FEBRUARY 8, 2002 TH1O PROPOIML IS CONTINGENT UPON CUMMINGS CONSTRUCTING THE KEY BISCAYNE ONIC RECREATION CENTER. IN THE WBNTOUMMINGE DOES NOT CONSTRUCT THE KEY BIBOAYNE CNIO RECREATION CENTER THIS PROPOSAL SHALL BE NULL & VOID PHASE 4 WITHOUT PP&L AND SOUTHERN SELL PERNWOOD ROAb PROM WEST MCINTYRE STREET NORTH TO THE PROJECT LIMIT& TOTAL AREA 102,000 IF SECTION DESCRIPTION MISO. SPECIALTIES- FLORIDA POWER a LIONTAND SDUTNERN BELL WORK PROVIDED NY OWNER TOTAL 02!08/200203:41 PM MATERIAL LABOR SUB TOTAL SUBCONTRACTORS NAME GRAND TOTAL 6,000 OWNER ALLOWANCE NIC • WORK SY OWNER 0 SEE ELECTRIC DUCT BANK & WATER MAIN OMP 275,000 SISP JAMES A. CUMMINGS, INC. 8 VILLAGE OR KEY BISCAYNE VILLAGE OP KEY BISCAYNE 81T1► SITE INFRASTRUCTURE ARCHITECT: SPELLS CANDELA DMJM OMP PROPOSAL DATE FEBRUARY 0, 2002 PHASE 6 WITHOUT PP&L AND SOUTHERN BELL _ . . . . . TMPFIOCIRCLE ► BALANCE OP NORTH VILLAGE GREEN WAY TOTAL AREA 102,000 BF ITIM I. SECTION' DESCRIPTION GENERAL CONDITIONS SEE WINDOW EXTEND PROJECT TWO AND A HALF MONTHS FOR INFRASTRUCTURE WON NOM WORK PROM CRANDON BLVD 106' WEST ALONG Non VILLAGE GREEN WAY IS NOT INCLUDED AND SHALL BE PROVIDED BY OTHERS 00420 (11P114 SOIL INVESTIGATION DATA IMPORT BY K►E NO SPEC - COORDINATION DRAWINGS NO OPMO -PIMLD ENGINEERING FINAL SURVEY NO OPEC OWNER ALLOWANCES. PURNISHIINBTALL COMPLETE 1.0&S170 LANDSCAPINOIOOONRRIOAtION 2. FOUNTAIN AT WEST MCINTYRE&TRENT O, FEATURE COLUMNS. 011ACH 4, TRAPPIO CIRCLEARCNITEDTURAL ELEMENT S:PAKK. 0A2BE0 0.711161.1.14 T. ANONITE0TUM4 PRECAST S.M100, SPECMLTIIS 6. COMMUNICATION DUCT BANES BETWEEN BLOCS 10. POLICE SECURITY 00NDUIT 11. EIRE SECURITY OONDUH' 12. FLORIDA POWER& LIGHT AND SOUTHERN SELL NORIO OONSTRUOTION PHOTOOMPHS No RIC DUALITY CONTROL SY OWNER 2 NO RIO MAINTENANCE OP TROPIC DRWOB. TEMPORARY FENCE :coot-- IARRWADIS ... - . DEWOS. PLASTICDRUMS DRW00. 010NA0E DAWOS, WARNING LIGHTS ►FLASHERS ORWOB. ALL SKINAOE► BARRICADES PER FOOT SPEC MAINTENANCE OF 810NA0E & EARRICADEB 02010 (OPILI DEMOLITION, REMOVALS AND RELOCATION 1.2 COORDINATION MATERIAL 0 LABOR ,f 800 NIO N10 1110 P110 NIO 1110 NIC 1110 NI0 1410 N10 NIC N10 NIO P110 NIC 'TOTAL J. SUBCONtRAOTORS.NAME 0 0 6,064 8,034 JAC 0 0 101 IN OEPERATE OMP F011 DUCT BANK & WATER MAIN 6 0 0 0 o 0 0 0 0 0 O 0 400 700 770 770 o 0 0 0 21,000 21,000 N10 6110 NIC NIC NIO NIO the NIC N10 NIO NIC N10 NIC N10 NiC NIC 0 0 0 .IN 00'8 JAC JAOIBALANOE 8ITEWoRK' JACMIAo OWNER ALLOWANCE NOTIlOLJ5EE BELOW NOT INOLJSUE: BELOW NOT INOLJSI1EELOW NOT INOLJBEIBELOW NOT INOLJ8BE «LOW NOT INOLJSIB EELOW NOT INOLJOEE BELOW' O mu* 0SP MTV O1IP FOR DUCT BANK ►WATER MAIN 0 (OLIN IMASEATE SNIP PORDUO SANK ► WATER MAIN 01CL IN *EMIRATE FOR DUCT RANK & WATER. MAIN 0 Nor INOLJSIEEELOW 0 e " ` Itt¢l.UOED IN OINERAL CONDITIONS 0 0 NIC. SY OWNER 0 0 0 0 0 0 0 0 0 0 0 INCLUDED IN EARTHWORK LNOLUDEO IN EARTHWORK INoLU0B0:IN EARTHWORK INCLUDED IN EARTHWORK WOLUDEDIN EARTHWORK INCLUDED IN EARTHWORK INCLUDED. IN EARTHWORK INCLUDED IN EARTHWORK NOT REQUIRES( NOT INCLUDED NOTREOUIREOI NOT INCLUDED GRAND TOTAL 0 0,009 0 0 0 0 0 0 0 700 770 0 0 21,000 610E 0.00 0.06 0.00 0.00 0.00 0,00 0.00 0.00 0.00 0.01 0.01 0,00 0,00 0.21 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 040 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 040 0.00 0.00 0.00 02/0812002 _ INGS, INC. o VILLAOIOP KEY SWOONS 0111/ 6171 INIRASTRUOTURN 4N0K11 BST: SPILISCANDSLA DMJM OMP PROPOSAL DATE: PISRUARY 6, 2002 mom [ 010710N DE80RIPTNNi 9AA PIOTE07 IXIS71N0 TO REMAIN A 6NVIORNM$NTAI PRDTEDtION 1.6 IRAPPIO MAINTENANON 1.4 PILL HOLES AND HAZARDOUS OPENINQS S6 RIMOVI MATERIALS AND 01161111 FROM SITE 0A . SALVA14I MATERIALS ORWOS. RIMOVI EXISTING IANIUIUILDINO DEPARTMENT BUILDING DRWOS. - R2MOV1 EXISTING BLDG. SOUTH 41010P 6111 MOWN, RIMOVI SITE WALLS & POOTINDS ORW08. RIMOVO SIDIWALKS pRWG1+ R6MOVI PPSL LIGHT P0165 ORW00. RIMOVI PPE emirs POL18 d PULL BOXES ORWO*.. R1LODATI PPSL POWER POM O S PULL $0X65 DRWOB, SURPAQI DEMOLITIONDRWOS, SAWOUTTINO EXISTING ASPHALT DRWOS, AMMOVI ASPHALT 6URPADS & 0,063 4 02'420 )SPIL) EARTHWORK .. 1.5.1,1. P11010010%1071E0 STRU0tURBS & PROPERTY .2 PR0760? I/USTINO 67RE17S A IIDIWALKS 12 LAYOUT&AS4UILTS A5. CLIARINO S GRUBBING DIMS. RIMOVI EXISTING DINGS. RELOOA1I EXISTING TANIS 0.44 REMOVI S DISPOSE OP SURFACE LITTER S DEBRIS _ STRIP ► 6TOOKPILI TOPSOIL .0 ABMOVI TOP 2' 00 4014 WITHIN CONSTRUCTION AREA DISPOSAL OP UNSUITA6LI MATERIAL 6.6 *172 PILLING & COMPACTION ,A PhOOP ROLL OUT SURFACE 10 2X0AVATION FOR BTIIUOTURIS 0.7 BAOKPILL AND 00M►ADTINO S! DISPOSE OF EXCESS MATERIAL* Oa DIWATIRINOINQ 00110. PIA060111 WATER) 110 , .. 766410 BY OWNER 6.11 PREPARATION POR TOPSOIL 4 02611 (SPIL) ASPHALTIC CONCRETE PAWNS 2.4 SUSORA01 STABILIZATION 12" 2.2 SASHOOURSI LIMBROQKe" 22 PRIMES TAOKOOATS 02/0812002 03:42 PM VILLAGE 6F A SCONE PHAON 6 WITHOUT PPM. ANA SOUTHERN BELL TRAFFIC, OIROL66 EALANOE OP NORTH VILLAGE GREEN WAY MATERIAL NIO 1110 NIO Bea LABOR N/C NIC NIO SUB 1110 1410 1110 48,04 TOTAL 1110 NIO NIO 48,04 NIC NIC TOTAL AREA 102,000 8? SUBCONTRACTORS NAME IORAND TOTAL 0)6P. NOT REQUIRED/ NOT INCLUDED 0.00 O.60 0,00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 647 0,00 040 0:00 0.00 0.00 0.00 0.00 040 0.00 0,00 040 0.00 0.00 040 0,00 0.00 0.00 0.00 0.00 0,00 0.00 0.00 040 NOT REQUIRED/ NOT INCLUDED NOT REQUIRED/ NOT INCLUDED NOT REQUIRED/ NOT INCLUDED NOT REQUIRED? NOT INCLUDED NOT REQUIEED! NOT INCLUDED NOT REQUIRED/ NOT INOLU06D NOT REQUIRED/ NOT INCLUDED NOT REQUIRED? NOT INCLUDED NOT REQUIRED/ NOT INCLUDED NOT INOLJ606 BELOW NOT INCLJBEE BELOW NOT INCLJ88E BELOW NOT RIOUIRED/ NOT MUM NOT REQUIRED?NOT INCLUDED NoT 1160UIR601 NOT INCLUDED METRO ENOINEERINO 45,04 INQLUDBD INCLUDED INCLUD00 INCLUDED INCLUDED NID • BY OWNER INOLUDED INCLUDED INCLUD60 . . . NOT 1NOLUD6D INCLUDED INCLUDED NOT INCL./SEE BELOW INCLUDED INCLUDED INCLUDED NIO • BY OWNER INOLUDED INCLUDED IN EARTHWORK INCLUDED IN EARTHWORK INCLUDED IN EARTHWORK INCLUDED IN EARTHWORK JAMES A. CUMMINGS, INC. 2 VILLAGE OF KEV BISCAYNE VI IAOS OP KEY BISCAYNE SITE & 3REINFRASTRUCTURE AROHRSOT: ;WILLIS CANDELA DMJM OMP PROPOSAL DATE: PSBRUARY 4,2002 PHASE 6 WITHOUT PPBL AND SOUTHERN BELL TRAPPIO OIROLE & BALANCE OP NORTH VILLAGE GREEN WAY TOTAL AREA -102,0008P IT r NOTION OEOORIPTION- 2.4 ' ASPHALTIC CDNORETE1112" TYPE 8 &2 TEBTINO SY OWNER PAVEMENT RESTORATION 0RW0/. NEW MEDIAN OUT AT CRANDON BLVD, ORW00. MODIFY EXISTING MEDIAN OUT AT CRANDON BLVD, NOOPS° PORTLAND CEMENT OONORBTS PAVING 02114 RPM OONO, SIDITWALKO DUNES, CURBS 4 OUTTERS & WHEEL STOPS 1,1 DONORSTB NDEWALKS 6,2 won 3,3 3,0 CURBS &OUTTBRO - SA TEOMO BY OWNER 0RW01 N OONORStl MIN FOR PAVSRSAT MRESTATION CURB OUT DRWOM 4' CONCRETE SIDEWALKS 0RW0S 12" 4 84" WIDE COMMON BANOS bRW01 001.011E0 00/10. AT °URNS, 0U1T4M, SIOBWALKS 4: BANDS 0RW0/ (ERNS AT TREK 0RAT00 0413174 OONORSTS WINDOW 02110 (OPIL) PAVEMENT MARKING to PBR P00T SPECIPI0ATIDN0 4/ SPARE PAINT NO RIO. 01TN SWAMI NORIO, TRAPPIO OIONALIZATION - 3 02222 (BP1L)_BXOAVATION, BAOKPILLINO AND OOMPAOTINO POR UTILITEB 1.3.11.0 PROMO/ 1XI1TIN0 UTILITIES, SIDEWALKS & STREETS HANDIXOAVATION 3.1A DOWATBRINO .0 REMOVE UNSATISFACTORY 6011 2A STOW EY OWNER . 02110 WATER DISTRIBUTION 1.6A.1 WATER METERS .2 TAP TO THE UNITING LINED .0 METER DEPOa!704 SERVO; CO00107100°MANORS SY OWNER 2,1A bUOTILB IRON W! 0BMONT MONTAN LINIX° 2.2 JOINTS 2,2 PRTIN00 & SPECIAL 17103 2A VALVES.. 2,6 OAST IRON VALVE BOZO° . - ,0 -P1KE HYDRANTS 2.7A DISINPEDTION 0,2 COPPER PIPING P00 WATER SERVICE LINES S" OR LESS 0210&200IC 3F 1 MATERIAL L*NOR SUE TOTAL - SUBOONTRACTORS NAME ; GRAN070TAL W811C. 0' INOIUOBD NI BARTMWORN' 0" 0A6 3 NO BID e0 NO BID 16 NO 010 0,07 NGS, INC. NIC"BY OWNER 'IOC IN SEPERATE OMP ran DUCT BANK &WATER MAIN INCLUDED IN EARTHWORK INCLUDED IN EARTHWORK NONE SHOWN/ NONE INOLUDND INCLUDED IN EARTHWORK & SITE DDNORETE INCLUDED IN SITE CONCRETE IN0L00ND 11 EARTHWORK - - -' INCLUDED IN EART RK "'1410.1? OHWOWNER - IAOLUOED INOITA CONCRETE INCLUOBD IN 81TEOONORETE INCLUDED IN SIT* CONCRB74 INCLUDED IN EARTHWORK O OITE`0010RE71 0 INCLUDED 1N ME CONCRETE 1,3 JAO INCLUDED IN EARTHWORK INOLUDBOINEARTHWORK INCLUDED IN EARTHWORK INCLUOEO 111 EARTHWORK , NOT INCLUDE DAY OWNER 1,01 MEOATRAN(10NDED INOLUDOD INCLUDED INCLUDED . NOT INCLUDED. 410• BY OWNER ICI, IN SEPERATE OMP POR.DUCT SANK & WATER MAIN NIC. SY OWNER 0 IOL111 PIRATE OMP TOR DUCT BANK 4 WATER MAIN 0 - .N10-07OWNffR 0IOLJN SSPENATE 3MP FOR DUOT SANK & WATER MAIN 0ICt INSEPERATEDMP FOR DUCT BANK &WATER MAIN 0IOLINSEPEIIATE 3MP POR DUOT BANK & WATER MAIN 'Q IOL IN SEPERATE. mirrors own DANK & WATER MAIN 0 )CL IN SEPERATE OMP FOR DUCT SANK & WATER MAIN 0101. IN SEPERATE OMP PIMDUCT BANK & WATER MAIN OklaI11 ,E TE OMP P011DUOT BANK &WATER MAIN 0101 IN SEP RATE 3MP P00 DUCT BANK & WATER MAIN 0 0.00 0 0.00 0 0.00 0 0.00 0 GAO' 0 - 0.00 0 0,,00 0 0.00 0 0.00 0 0.00 0 0,00 0 0.00 0 0.00 0 0.00 0 0,00 1,711 0.02 0 0,00 O 0.00 0 0.00 0 0.00 0 0.60 0 6.00 6,072 0.01 0 0.00 0 0.00 0 0.00 0 0.00 0 0.00 O 0.00 0.00 0,00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 3 0 VILLAON OP KIWDISCAYMI SITE A WTI INFRASTRUCTURE ARONIT80Tt SP14U8 CANDNLA OMJM OMP PROPOSAL DAM PIORUARY 8, 2002 ITEM iFOTWR PHASE 8 WITHOUT PM AND SOUTHERN BELL TRAPPIO0IR0LE 8. BALANCE OP NORTH VILLAGE GREEN WAY TOTAL AREA 102 000 SF GRAND TOTAL 0E80RIPTION 2.2 DU071LO IRON PIPING POR WATERBERVICELINES 4" OR LARGER 1,70 THRUST BLOCKS 111+10 - TIERING SY CONTRACTOR ►12410 D101NPIOtION & CONNECTION TO NEWT. WA78R MAIMS OAOKPLOW PREVENTORN A 000V'$ 0RW08 ADJUST IXISTING WAVER MITER VAULT ORWOS KIMONO OUSTING WATER METER VAULTS DRWO* OAP EXISTING WATIR LINOS PROVEN WATIR SIRVICI TO POUNTAIN PROVIDE WATER SIRVIDI 70 WRIGATION 02720 STORM DRAINAOI *YStNM 41A OORRUOAtID ALUMINUM PIPE .0 00RRUGATIO *TRW. PIPE Wl IITUMINOUS 00A71N0 12 DRAIN*G* STRUCTURES . 2,404 IALLAIt ROCK A PLASTIC PILTOR MIMIC 3,3 IkPILTRATION TRENCH OA ?,4871110 BY 00NTRA070R 01111/416. Amway 11111117010 CATON BASINS TO RNMAIN ORWOS, OAP IKIWTING STORM SEWEN ORW08, REMOVE IIXMTINNO EATON BASINS ANDASSOONME0 PIPING OIW0C. AOMOURIKISTIN0 ?NINON DMIN DRW00, RIMOVI Ik10TINO PRAMR & GRATA AND PHONON NEW 0RW0*, IKFILTRATION TRENCH TO 1P EELOW 1(X101'0. GROUND ELEV. NO SAN SANITARY *SWANSYSTIM PIP!, PITTINOS 8. MANHOLES TASTING ►INOgOTION.BY CONTEAOTON SANITARY *IW*R FOR POUNTAIN 7 01817 801.10 INtIRLOOKINO 00810. PAVERS 3.2 2118" 71110K KIVBHAPI 8. RIOTANO. AT 00088 11 0001 RESTRAINT* 14 SAND LAYING COURSE 1" A SANDPORJOINTB IAA - OUT FAVORS WITH MASONRY SAW -.0= TOL*RAN0A' 113$" OPPSIT & 118" IN 101 FROM LEVEL .R OK►ANSIONC 00NTROL JOINTS• *BAIANT PILLED 04.8 001LSTIRILIZER .0 VIORATI CONC. PAVERS INTO LEVBLWO COURSR .*4. SAND PILL, AT JOINTS 2.0 ROPAIR, OLNANINO ► PROTECTION DRWO*. 00N0R8T8 PAVER ROADWAYS SUB 10,4 TOTAL 18,47 3UBOONTRACtORS NAME _.. IOL IN SEPERATE OMP FOR 01107 BANK & WATER MAIN IOL IN SEPERATE OMP POR DUCT BANK & WATER MAIN (OLIN SEPERATE OMP POR DUCT BANK ► WATER MAIN 101.181 SEPERATE OMP POR DUCT RANK & WATER MAIN NONE SHOWN/NONE INCLUDED MIL IN SEPERATEOMP FOR DUCT BANKS WATER MAIN IOL IN SEPERATE OMP POR DUCT RANK A WATER MAIN ICI. IN SEPERATE OMP POR DUST BANK & WATER MAIN NOT REOUIREDI NOT INOLUDOD 110LU080 IN PHASE 1 IOU/DO INCLUDED INCLUDED INCLUDED INCLU080 INOLU000 INCLUDED 114010000 INOLUDEO INOLUDBD 1NCLUDED INCLUDED INCLUDED SLUM IN SEPERATE OMP POR ADMINIPOLIOR OLDS NOLUDED IN eEPERATE OMP PON ADMIN/POLICE 81.00 N0LU080IN SEPERATE *MP POR ADMIN/POLICE 01.00 NONE SHOWN/ NONE INCLUDED HOLLYWOOD =NW B0ND*0 78,47 INOLUDED As 2.3/8" RECTANOULAR ESL NOL NCL N0L NCI. NOT REOUIRE01 HOT INCLUDED Wm. N0L NCL NCL N0L 818E 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0,00 0.00 0.00 0.00 000 0,00 0E0 0.00 0.00 0.00 0:00' OA0` 6.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.18 6.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 02/08/200203:42PM JAMES A, CUMMINGS, INC. 4 " VILLAGE OF KEY BISCAYNE VILLAGE OF KEY BISCAYNE SITEBSITE INFRASTRUCTURE ARCHITECT:SPILLIS (*WWI OKRA OMP PROPOSAL DAtt PEERUARY0,2002 PHASE A WITHOUT PP&L AND SOUTHERN BELL TRAFFIC ORIOLE A EALANOE or NORt l VILLAGE OREEN WAY /TIM. I. SBOTpN ORW00, ORWOS, DRWOS. MWO$, DRW00, 0 NO OPEC DRWOS, DRWOS, CMGS, DRWOS, DRWOS, ORWOS, NO SPED ORWSS, DEWGO. NO OPEC DRWOe, ORWO*, DRWOS, 0 770 *FEE N0 SPEC DIMS, 10 _ NO SPEC ORWME. DRIVES, 11 DIV.49 DRW0$. 72- DIV 10 OESORIPTION OONORETE PAVER PARKING AREAS CONCRETE PAVER OIORWA�%KB COLORED PAVERS FOR TRAFFIC MARKINGS 42 *74111.1250 eUEMADE VON V ',IMOROOK WE ONSITEOONORETE PAVERS AT FIRE AND POLIOB LA'NDSDAPINO PLANT MATERIAL FLA 110,1 ORRE1TER PMA.011 - WNODOONtROL PAORIO TREE RELOCATION - 1' *INTENANOE UNTIL FINAL AOOSPTANOE GUARANTEE 21 YEAR PROM ACCEPTANCE SODDING CERTIFIED tURPORAeS" ST, AUOUS!INE OR KENTUCKY BLUE PLA',.1T10 EDGING 4" PLANTING *01L UNDER ALL SOD GUARANTEE " 0 MONTHS FROM COMPLETION IRRIGATION. EA0KPLOWPREVENYER WATER MITER HOES 01E0 PON MANUAL WATERINO CONTROL WIRING CONCRETE REINPOROEMENT, NON" DTRUOTURAL WELDED WIRE MESH MATERIAL WELDED WIRE MESH LABOR AROHITEOYURAL PRECAST CORONETS 00N0RET110LLA100 METAL FABRICATIONS TRH ORATES PIPE BOLLARDS MIRO, SPECIALTIES FLAGPOLES MECHANICAL DISCONNECT PLUMBING A MAKE SAFE FOR DEMOLITION MATERIAL NIO N10 NIC 1410 LABOR 0 0 NIO NIO SUB j TOTAL 0 0 ..{". tax: 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 NKr NIC NIG 1410' 0 0 0 0 0 P110 P110 NIC NIC 0 0 0 0 0 0 P110 NIC 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 TOTAL AREA 102,000 GP""- SUEOONTRA0TORtNAME GRAND TDTAu IsP INCL. WOL INCL. INCLUDED IN, EARTHWORK INCLUDED INEABTHWORK INCLUDED IN PHASE 1 INCLUDED IN OWNERSALLOWANOE 1eOLU000, IN OWNERS AL40WANOa INb'E`U1 6714 OyYNERS ALLOWANCE INCEUb0D at OWNERS ALLOWANO,E NIO - BY. OWNER INCLUDED IN OWNERBALLOWANOE INCLUDES IN OWNERS ALLOWANOE INCLUDED IN OWNERS ALLOWANCE. INCLVDEOIN OWNERS ALLOWANCE 1NCLU000INOWNERS ALLOWANCE INCLUDED IN OWNERS ALLOWANCE. INOLUDRO IN OWNERSAI,LOWANCE iKCI,II0001N OWNERS ALESWANOE 0 - - IN0LUDDED,IN OWNEReALLOWANOE . Mo. EYOWNER 0 INCLUDED IN OWNERS ALLOWANCE INCLUDED IN OWIIERB;ALLOWANCE -0- INCLUDED IN SITE CONCRETE "4 .: INCLUDED WRITE CONCRETE 0 " . , ',.r INCLUDED- IN SITE CONCRETE 0 ' ,... NOT INCL./AIM BELOW NOT INOLJSEE BELOW 0 0 0 0 0 0 0 0 NOT REQUIRED/ NOT INCLUDED NOT REQUIREDINOT IP10LUD00 NOT IN0LJSEE BELOW NOT INOLJSEE BELOW NOT REQUIRED/ N07 INCLUDED NOT REQUIRED/ NOT INCLUDED 0,00 0.00 0.00 0,00 0A0 0.00 0A0 0,00 0,00 D,OO 0.00 0.00 0.00 0:00 0,00 0,00 0.00 0:00 0,00 6.00 0.00 0,00 0A0 0.00 0,00 0.00 0.00 0.00 0,00 0.00 0.00 0.00 0,00 0,00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 JAMES Af )AINCS, INC. 5 VILLACE 0? KEY MODAYNE: SITE 8 CITE INFRAOTRUOTURE ARCHITECT: SPILL'S CANDELA OKUM OMP PROPOSAL DATE: FEBRUARY I, 2002 VILLAGE OPi: SCAYNE PHASE!. WITHOUT PPSL AND SOUTHERN BELL TRAPPIO DIROLB & BALANCE OP NORTH VILLAGE GREEN WAY TOTAL AREA 102,000 8P GRAND TOTAL 0 NOT REQUIRED/ NOT INCLUDED ITIM 8807 13 DN.4I DRWES, DAWES, ORWGS, ORWME, DRW0$, DRwos, DRWGsi DRWO$. DRS DRAMS, DRW00, ORWOS, ORWOS,' ORWOt, ORW00, DRWDS, DEW'S, ORWOS, OIWOE, DRWOS, DRWOS, DESCRIPTION REMOVE FREON A MAKE SAFE FOR DEMOLITION ELECTRICAL ELECTRICAL DUCT BANK OOMMUMIDATION DUO, SANK TELEPHONE & OASIS TV DUCT SANK PP&L MARROWS • FURNISHED BY PPM. INSTALLED BY 0ONTRACTOR PPM CONDUIT • FURNISHED BY P081. INSTALLED 137 CONTRACTOR BOLLSOU111 MANHOLES. PURE. & INSTALL 07 CONTRACTOR ODMMUNIOATION MANHOLES. PURN, & INSTALL BY CONTRACTOR WATERPROOFING OP MANHOLES PP84 POWER POLESNIO TEMPORARY P081 POWER POLO • NIG PPM. CONDUCTORS & CAMS. NM PAC MOUNTED TMAN0P0MMOM0 • NIO STREET 11014T1$3 PLANTER LIGHTING PR00*17 LIOHTPOLM 1,0000?O MEET WIND LOADING RIO, 00110110TB EQUIPMENT PADS WEER REINFORCED PLASTIC ENCLOSURES RELOCATE 0XIST O LIGHT POLES 1L10HT POLE PULL BOXES • NIC REMOVE EXISTING PPM. LIGHT POLES 1 PULL SORES • MO MBMOVO ERISTINO PPM. OVERHEAD POLE A POWER LINES • MO 00NNEOTICN TO POUNTAIIVUMP & CONTROLLER ILLUMINATION TgWINO SIGNED & SEALED BY 0E 0011100710110 MIUSATIDN CONTROLLER TEMPORARY BLE0111(0 010001111 0T 0X1811110 A WINO CAPE FOR DEMOLITION IMODIPY EXTENT OP RESTORATION EY ADDING SURFACE WORK TO UNDB1011 MAUNA LABOR 8LIB 33,8 OTA SUBCONTRACTORS NAME 0 33,373 0101(/ BONDED O 101.131 SEPERATE OMP 001 DUCT BANK & WATER MAIN 0 IOL IN SBPERATB OMP P0R DUCT RANK A WATER MAIN O JCL IN SPERM'S OMP P0R DUCT BANK S WATER MAIN O IOL INhEPERAYS 01101 POR DUCT BANK 8 WATER MAIN 0101 IN senora OMP POR DUCT BANK & WATER MAIN 0 IOL IN OVERATE 0MP FOR DUCT BANK B WATER MAIN 0101 IN OPERATE 0MP PO* DUCT BANK & WATER MAIN 101 IN OEPORATE OMP FOR DUCT BANK & WATER MAIN N10 • 137 OWNER 1110 • BY OWNER NIO • BY OWNER NI0 • BY OWNER IN04UDED INCLUDED INCLUDED INCLUDED IN 8(180ONORETE INCLU0E0 NIO • BY OWNER NI0 • BY OWNER 110• EY OWNER NOT REQUIRED/ NOT INCLUDED INOL0000 INCLUDED IN PHASE 1 IN011)000 NOT REQUIRED/ NOT 1E0100E0 N0T REQUIRED, 1101 INCLUDED 33,07 SUBTOTAL OHM 200701,01 SALMI TAX CM LOOK IURbEN 00010741. 02/0812002 03:42. PM 38 802 132,4 JAMES A. CUMMINGS, INC, 133,38 133,38 20 586 133,803 103,50 133,803 $HIP 0.00 0.00 0.00 0.00 0.00 0.00 040 0.00 040 040 0.00 0.00 0.00 0.00 0.00 0.00 0.00 OAO MAO 0:00 0.00. 0.00 040 0.00 0.00 0.00 0.00 040 0.00 0.00 0.00 141 0.00 0.00 0.00 0,00 0.00 040 0.00 1.51 0.00 VILLAGE OF KEY BISCAYNE VILLAGE OP KEY RISCAYNE M TN & SITE INFRASTRUCTURE AROHITIOT: !WILLIS CANDELA OMJM 0MP PROPOSAL DATE: FEBRUARY 8, 2002 WNER'SPROTECTIVE . LIABILITY INSURANCE BUILDER'S RISK INSURANCE PERMITS PERPORMANOE BOND SUBTOTAL PHASE 0 WITHOMT PP&L AND SOUTHERN BELL TRAFFIC CIRCLE & BALANCE OF NORTH VILLAGE GREEN WAY DEMON PHASE FEE CONSTRUCTION. PHASE PEE EXTEND PROJECT TWO AND A HALF MONTHS FOR INFRASTRUCTURE WORK CONSTRUCTION CONTINGENCY OWNER CONTINGENCY OVERHEAD & PROFIT OWNER'S SALMI TAX SAVINGS PROGRAM SUBTOTAL SUBTOTAL SUBTOTAL SUSTOTAL TOTAL THE FOLLOWING ITEMS OP WORK ARRSEPARATE OWNER ALLOWANCES WHICH ARE NOT INCLUDED IN 71416 PROPOSAL AND WHICH 00 NOT INOLUOE ANY CONSTRUCTION MANAGER'S MARKUPS FOR PERMITS, TAXI'', INSURANCE, 1011D*, OONTIN0EN0116 AND OVERHEAD AND PROPIT, POUSTAIN AT WEST MCINTYRE STREET FEATURE COLUMNS .8 MOH TRAPPIoC RCLEARCHITECTURAL ELEMENT PARK 0AZ8E0 !RELLIS ARCHITECTURAL PRECAST 0 1,000 700 1,720 137,223 ,OWNER AJ.LOWANOE 011i11k`R ALLOWAMOE NOT INCL. 6,803 IOL INOEPERATB OMP FOR DUCT DANK & WATER MAIN 140,070 1,600 144,670 1,600 146,074. 40244X (2,200) 160,000 60,000 CI_WR NRA4L0 4PE NIG-WORK SY OWNER 40,000 0)8100-1114001M11017 NIB- WORK BY OWNER 126,000 OWNERAIXLOWANOE NIB. WORK BY OWNER 26,000 OWN,PIRALLOWAN00 NIO-WORK BY OWNER 16,000 QNINRRAL40WXN0E NM..WORK SY OWNER 4,000 OWNER ALLOWANCE NIC •WORK BY. OWNER 0 0.00 1,000 0.01 700 0,01 1,720 0,00 0,00 137,223 100 0,00 OTINCL. 0,00 6.862 11,00 0 0.00 0,00 143,070 : 1.40 0.00 1,600 0.01 000 144,670 1.42 0.00 1,600 0.01 0.00 140,070 1.43 0.00 0,673 0.00 040 162,000 -1.80 0.00 (2,260) (0.02) 0,00 160,300 - 1.7 • JAMES INGS,INC. 7 VILLAGE 0► KEY BISCAYRE an 6011E 1NPRAOTRUOTURE ARCHITECT; 'WILLIS CANDELA GMJM OMP PROPOBAL DATE: PORUARY 8, 2002 VILLAGE $514 ISCAYNE PHASE 0 WITHOUT PP&L AND SOUTHERN BELL TRAPPIO (MOLE & BALANOS OP NORTH VILLAGE GREEN WAY TOTAL AREA 102,000 SP SECTION DESCRIPTION MISC. SPECIALTIES:, PLORIOAPOWER & LIDHY AND SOUTHERN SELL WORK PROVIDED BY OWNER 02/08/2002 03:42 PM MATERIAL I:, LABOR SUB TOTAL I SUBCONTRACTORS NAME ,GRAND TOTAIJ LEP 0,000 OWNER ALLOWANCE NIC • WORK BY OWNER 0 SEE ELECTRIC DUCT BANK & WATER MAIN OMP TOTAL 276,000 JAMES. A. CUMMINGS, INC. 8 VILLAGE OP KEY BISCAYNE 1RI.LAOt 0P KEY BI40AYNt SITE & BITE INFRASTRUOTUR* ARCHITIOTI SPILL'S OANDBLA DMJM IMP PROPOOAL DAVE F*BRVARY 8, 2002 THIS PROP00AL IB OONTINOBNT UPON OUMMINOB OONBTRUCTINO THB KEY BIBCAYNE ONTO RICRUATION CENTER. IN TXEIIVIINT CUMMINS! DOSS NOT CONSTRUCT TM NBY BIBCAYNE ONIC RECREATION CENTER 71118 PROPOSAL SHALL BE NULL S VOID PHASE 0 WITHOUT PPP AND SOUTHERN BOLL VILLAGE *RPM WAY FROM MOINTYRN STREET TO THE TRAFFIC GIRDLE TOTAL AREA 102,000 BP L ITEM DICTION DESCRIPTION O8NIR%1L oONDrrioNO - SIN WINDOW INTEND PROJECT TWO AND A HALF MONTHS FOR INPRABTRUCTURE WOR NOTE: WORK FROM CRANDON BLVD 108' WEST AWN* NOKTH VILLAOM GRIM WAY 18 NOT INOLUOE0 AND SHALL NM PROVIDED BY OTHERS 00820 (BPIL) SOIL INVESTIGATION DATA RSPORT NY 118,11 NO SPEC 108P80 COORDINATION DRAWINGS 1/1110BNOIN{tRING FINAL SURVEY 110 OP[0 OWNER ALLOWANCES • PURNIOHEN$TALL COMPLETE 1.011417* LAN000APINOISODARRIGATION 2. POUNTAIN AT *681 MCINTYRE PROW 0. PI ATURO COLUMNS • 8 NAP 4. TRAFFIC CIRCLE ARCHITECTURAL ELEMENT 1. PARK 0/1211110 9. P11118 T.AROHITIOTURAL P*!OAST 8. MISC. SPEOIALTI1S 8, COMMUNICATION 01107 BANKS *S1W!EN UPS 10, PO110E S14URDY 00NDUrr 11. 1,000 8IWRITY OONOUIT 12, FLORIDA POWER & LIGHT ANO OUTWORN BELL K08P10 CONSTRUCTION PHOTOGRAPHS NO SPEC QUALITY 00NtROLBY OWNER 2 NOSPBO MAINTBNANOE OF TRAFFIC DRIPS. TEMPORARY FPO DIPOLE BARRIOA018 DRWO8, PLASTIC DRUMS DRWOB. 81011401 DRW00. WARNING LIGHTS B PLASHIRS CRWOS, ALL SIONAONS BARIIICADIO PON FOOT OPEC MAINT*NANO* OF SIONA018. BARRICADES 02010 (PI) DEMOLITION, REMOVALS AND RELOCATION 14 COORDINATION MAtBRwL LABOR [ SUB NIO NIC NIQ N10 1110 N10 1110 NIC NIO NI0 NIO N10 NIC N10 NIO N10 0 0 0 0 TOTAL 0 0 0 0 0 1,800 1,6 1,580 1,9 0 0 18,000 16,0 1410 NIO NIO NIC NIO NIC NIC 1110 NIC NIO 1410 NIO NIO NIO 1110 4N Get 1,63 NIC 1,68 INCLUOE IN RIC.CENTER 101.1N. SEPERATN OMP POR:000T BANK A WATER MAIN JAO .JAC(BALANCEIN WTI/WORK' JAO/WAG OWNER ALLOWANCE NOT INOL:IBEN BELOW NOT INOLJSEE NILO* NOT INOLJSNE BELOW NOT IN01.181* SIRLOIN NOT INCL./ONE BELOW Not1N04JSEN *BLOW NOT INOLJBNE 0BL0W 101.111 SEPERATE OMP FOR DOLT BANK &WATER MAIN 1QL,W WIIMATN OMP POA OUST BANK :& WATER MAIN 1OL IN OPERATE OMP FOR DUCT BANKS WATER MAIN s NOT INOLJSNB BELOW INDLUDNp:IN GENERAL.CONDIT:0Na 1110- EY OWNER INOLUDID IN EARTHWORK INOLUD*D IN EARTHWORK INCLUDIDIN EARTHWORK 0101.14)30 IN EARTHWORK INCLUDED. IN EARTHWORK INCLUDED IN EARTHWORK INCLUDED. IN EARTHWORK 114011060 IN EARTHWORK WILDCAT BONDED INCLUDED SUBCONTRACTORS NAME .RAND TOTAL! ABP 1 0.00 0.00 0.00 0.00 1,80 1,98 16,00 1.63 0.00 0,00 0.00 0.00 0.00 0.02 0.02 0.00 0.00 0.16 0.00 0.00 0.00 0.04 0.00 0.00 0.00 0,00 0.00 0.00 0.00 0,00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0,06 0.00 0,02 0.00 0 "" JAMES 0 1 - VILLAGE: Cirt SCAYNE VILLAO0OP KEY BISOAYNE - -- ET! :► SITI INP RASTRUOTURE ARONIT*0h SPILLIS CANOSLA DMJM OMP PROPOSAL DATE POMMY 0, 2002 THIS PROPOSAL IS CONTINGENT UPON CUMMINGS CONSTRUCTING THE KEY BISCAYNE (WIC RECREATION CENTER. 10 THE SNOT CUMMINGS "DOE :NOT OONOTRUCTTHB KEY B180AYNECIVIO RECREATION IEEE THIS PROPOSAL SHALL 00 NULL ► VOID PHA*S *WITHOUT PP►LAND BCUTHERN BELL VRLAOE GREEN WAY PROM MCINTYRE STREET TO THE TRAPPIC CIRCLE TOTAL AREA 102,000 8P GRAND TOTAL ITEM SEOTION 1.4A PROTRIE BXIOTIN° TO MAIN .0 ENVtORNMENTAL PKOTKOTION 1.6 TRAP`PIOMAINTRINANO! SA PAL HOLES MO HAZARDOUS OPENINGS S.S REMOVE MATERIALS AND MERE PROM SITE SA GAMER MAMMALS EWE. RENEE EXISTING SANKIWILDING DEPARTMENT BUILDING ORES, REMOVE SEEING 111.00, SOUTH SIME OP SITS DEWOS, EDAM SITIWALLS► POOTINO* DREGS. REMOVE SIDEWALK!' ORW0I, EEMOVE PPM LIMY POISE DRIES. " REMOVE PPM POWER POLES 4 PULL BONE EWE, RILOGATE PP►L POWER ran ►PULL SOX0S EWE. SURPAO*D*MOLITION -. . ORWOS, aAWOUTTINO EXISTING ASPHALT ENKE. REMOVE ASPHALT OURPACS A SASS 4 0E20 (0114) SARTHWOKK 1E0.1 PR0TS0T SNOWING STRUCTURES as PROPERTY 2 PROTECT EXISTING 411041* & SIO*WALKS 5.2 LAYOUT IL AS•SELTO - SA OLEASINO A GREENS DRWOS. RE MOVE EXISTING TRESS EWE, RSL00AT* SMITING TRESS 4.44 REMOVE & DISP000 0P SURFACE LITTER & DSSRIS .0 ' STEP ►STOMPER TOPSOIL .0 REMOVE TOP 2' OP *014 WITHIN CONSTRUCTION AREA DISPOSAL OP UNSUITASLS MATORLAL 4.0 SITS PILLING S COMPACTION A PROOF ROLL CUT SURFACE 4.0 SXOANATION. MR STRUCTURES 0.7 SEEM AN0 COMPACTING * * :DISPOSE OF 4*004* MATERIALS-- S.S DSWATBKINO(N0 00N0, PLACED IN WATER) MO TWINE EY OWEEN 031:. PKSPARATION P0R TOPSOIL 02011(SPIL) AOPHA4TIoECNCRE7! PAVING Rf SUBORAOE STABILIZATION 12^ 2.2 SASE COURSE LIMNROCK e^ Za mom ► TACK COa7S DESONIPTION MATERIAL LABOR SUB CTAL NIO NIC 1110 NM NM NI0 NEC WO NEC N10 - 100 NEC 71,20 71,2 .X10 NIC X10 N10 SU800NTRAOTORB NAME INCLUDED INCLUDED INCLUDED INCLUDED INCLUDED N0NE 8HOWNI NONE INOLUDED INOL0000 IN PHASE 1 INOL0000 IN PHASE 1 INCLUDED INOLUDEo NOT INCLJSEE BELOW NOT EWER BELOW NOT INCL.IBEE BELOW INCLUDED IN EARTHWORK INOLUOED IN EARTHWORK INCLUDED IN. EARTHWORK METRO ENGINEERING 71,2* INCLUDED WOWED INCLUDED INOLUDB0 INCLUDED NIO • BY WEER INCLUDED INOLUCOD INCLUDED NOT INCLUDED INCLUDED INCLUDED NOT INCL.IBEE EELOW 114040000 INCLUDED INCLUDED NIC • BY OWNER INOL000D INCLUDED 112 EARTHWORK INCLUDED IN EARTHWORK INCLUDED IN EARTHWORK INCLUDED IN EARTHWORK OIEP 0.00 0.00 0.00 0.00 0,00 0.00 0.00 0.00 0,00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 O.To o;oo 0.00 0.00 0.00 0.00 0.00 0.00 0.00' 0,00 moo 0.00 moo o.00 0.00 too 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 02/00/2002 03:44 PM JAMES A. CUMMINGS, INC, 2 VILLAGE OFKEY BISCAYNE VILLAGE OPKEY i10011YNII SITE SITE INP RABTRUCTU RE AROHITEOTt!WILLIS CANDELA DMJM OMP PROPOSAL DATE;. PURUARY 8, 2002 TH10 PROPOSAL III CONTINGENT UPON CUMMINGS OONBTRUOTINO THE KEY BISCAYNE OMC RECREATION CENTER. DI THE EVENT OUMMIN00 0080 NOT OONOtiUOT THE KEY BISCAYNEEIVIO RECREATION CENTER THIS PROPOSAL SHALL BB NULL & VOID PHASE 8 WITHOUT PP&L AND SOUTHERN BELL VILLAGE GREEN WAY PROM MCINTYRE 8TREET TO THE:TRAFPIO CIRCLE TOTAL AREA 102,000 8P GRAND TOTAL INCLUDED IN EARTHWORK Nl0•BY OWNER IOL INBEP8RATE OMP FOR OCT SANK& WATER MAIN INCLUDED 11 EARTHWORK IN0LU0801N EARTHWORK NONE SHOWN/ NONE INCLUDED INCLUDED IN EARTHWORK & SITE CONCRETE !NOLUDEO IN 817E CONCRETE :INCLUDED IN EARTHWORK - - INCLUDED IN EARTHWORK RIO 'BY OWNER INCLUDED IN SITEDONCRETE INCLUDED IN SITE CONCRETE IN04UDED IN SITE CONCRETE INOLUD8D IN EARTHWORK & SITE CONCRETE INCLUDED IN BITE CONCRETE 8,88 JAC INCLUDED IN EARTHWORK 4101.010 IN EARTHWORK INCLUDED IN EARTHWORK INCLUDED;1N EARTHWORK Not INDLUbN) BY OWNER 42,10 MBOATRAN/ BONDED 1E01 0E0 INCLUDED INCLUOEP NOT INCLUDED NIOSY OWNER 101. IN OPERATEOMPPER. DUCT BANK & WATER MAIN NIO•BY OWNER .101 W OPERATE OMP 0011 DUCT BANK & WATER MAIN N10- BY OWNER 101 INSEPERATE GVIP P011 DUCT BANK & WATER MAIN IIILJ$ OPERATE OMP OR DUCT BANK &WATER MAIN ICS IN OPERATE OMP POE DUCT BANK& WATER MAIN NIL InEPERATE OMP POR DUCT BANK& WATER MAIN LOL INSM4,MRMEOMP NM 01201 BANK & WATER MAIN OWN OPERATE 9MP FORIWOT BANK & WATER MAIN ISIIJ4BEPBRATE (MP FOR-DUOT BANK& WATER MAIN IOL IN OPERATE 0MP POR DUCT BANK&WATER MAIN ITEM L 889TIDN DESORIPtION 2.4 ASPHALT") OON0RE1E 1 1M TYPE 0 OR 'TESTING "TOWNER PAVEMENT RElTOKATION EWES. NEW MEDIAN OUT AT (MANSION BLVD. _EROS. MODUY EXISTING MEDIAN OUT ATORANOON BLVD. NO SPEC PORTLAND CEMENT CONCRETE PAVING 0014 (SPIN DONE. SIDEWALKS, CURBS, OURES& GUTTERS & WHEEL STOPS 0,1 00NOEETE SIDEWALKS SS ()URNS " 11 CURBS & CUTTERS OA T88TIN( BY CWNelt BRWOO 0" )ONONEtI EASE POE PAVERS AT PIRBBTATION CURB OUT ORWES -: 4" OONORBti SIDEWALK* OWES 1E124" WIDE00NOKETB BANDS DRWOS COLORED 0010. AT CURES, GUTTERS, SIDEWALKS & SANDS 01WO$ CURBS AT TIME ORATES. -GEE BYPE 0ON011*TE WINDOW 02100 (SP114 PAVEMENT MAKKINO 14 PEK POT SPEOIPIDATIDNS 0.0 OPAREPAINT NO SPBO. SITE SIMIAN" NO SP80, TRAPP10 OIONALIZATION 0 00202(011J IXOAVATION, EAOKPILLINO AND COMPACTING POR UTILITES 14.840 PROTEOT EXI8TIN0 UTILITIES, SIDEWALKS & STREETS HAND EXCAVATION 0.4.4 - DENIATERINO - .0 REMOVE UNBATISPAOTORY 8011 0.6 TOTING BY OWNER 02100 WATER DISTRIBUTION 1.0A•1 WATER METERS ,2 TAP TO THE EXISTING LINES :0 ' h111'fF, l� DBP00tti S111V 8 101 (H 0011 011ON ARG O BY OWNER — 0 Oo'fii �TdbMINYMORTAR-LINWo -- 1.2 J01NT0 l,0 PITTINOSASPROIAL ITEMS *.4 VALVE) 2.0 OAST IRON VALVE BOXES 2,8 PRE HYDRANTS 2,TA CIBINPECTION $9 COPPER PIPING POR WATER SERVIOE LINES S" ON LESS 02/08/200 P MATERIAL 47 NO BID LABOR 2,00 NO BID SUB 08 NO BID 42,18 JAMES P INGS, INC. TOTAL SUGCONTRAOTORBNAMR- 0 0 0 0 0 0 0 0 0 0 0 0 0 `0 0 0 1021 0 0 0 -0 0 0 42,100 0 0 0 0 0 0 0 0/80 0.00 0.00 0.00 0,00 0.00 0,00 0.00 0.00 0.00 0.00 0,00 0.00 0.00 0:00 0:00 0,00 0,00 0,00 0.00 040 0,00 0.00 0.41 0.00 0.00 0.00 0.00 0,00 0,00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 VILLAGE OP SGAYNE VILLAGE OP KEYOISCAYNN• SITE A1171 MFRASTRUCTURO ARCHITECT: WILLIS CANDELA DAM 0(11' PROPOSAL DATA: PESRUARY 1, 2002 THIS PROPOSAL (0 CONTINGENT UPON CUNMINOS CONSTRUCTING THE KEY BISCAYNE ORRO RECREATION ['ENTER. IN THE VENT CUUIMWOODOES NOT:CONST6UOT THE KEY BISOAYNE CIVIC RECREATION CENTER TH13 PROPOSAL SHALL BE NULLS VOID ITEM tlDTION - - DESCRIPTION 0A 000711.3 IRON PIPING POE MAYOR SMRVIOI LINA* 4* OR LARGE 140 THRUST LOOKS 1,11+10 T13TINOSY DON73AOTOR 3.12411 010131'607101 'CONNECTION TO 3X187. MAMMIES "AOKFLOW PROVSNTORS A 000V'S DRWOS ADJUST 11111171110 WATER MAYOR VAULT DRWOS ROSTOV* AXIOTING WATER MIME VAULTS DRWOA OAP EXISTING WATER LINOS PROMO" WATER S"RVI0E TO MOUNTAIN PROVIDE WATER 0"RV10I TO IRRIGATION 02780 STORM DRAMA'S SYSTEM 2.1A OORRUOATSD ALUMINUM PAPA ,N 0011RU0A7RD 6TE1L PIPE WI OITUMINOUS COATING 2.2 011AINA06 STRUCTURES 2JH4. EALLA*T MOOR & PLASTID P111011 FABRIC - f.S EXPIIT*ATION TRANOH 3.0 TElTIN0 BY 00N7RA070R DAWES. ADJUST 0X107150 CATCH BASINS TO REMAIN -ORWOi. - -OAP EXISTING HOMO ANWAR ORWGS. MINDEN 3XIITW0 CATON MEWS AND ASSOCIATED PIPING *RWOS, RIMOVI OXISTING 7RENON DRAIN ORWOS. RAMOVA EXISTING PRAM" &GRATA AND PROVNNI NNW MMES. EXPILTRAMION TRBNOH'TO 43' BILOW 0X(67'0 *ROUND RLOV. NO SPA* SANITARY SMEAR SYS73M - PIP", Ptt71N0S &MANHOLES TOOTING S INIP56T10N BY CONTRACTOR SANITARY 63WER FOR FOUNTAIN T 02117 "OLIO INTERLOCKING 0050. PAVORS 1.2 f 1h' TH10K ROY SNAPS & RE07AN0. AT 000E3 2.3 3606 RESTRAINTS 24 "AND LAYING 00011014" cr raANOPORJtNNT2`.'r -acid,11 OUT PAVANS WITH MASONRY SAW. ".D 70L111AN06.1102"OPPOST L11140110' FROM LEVEL .0 ' - 6XPANIION a CONTROL JOINTS • SEALANT FILLED SAS COIL STORIL2ER .0 VISRAT6 00NO, P4711101310 LEVELING OOURSO .14 "AND PILL A7 JOINTS SA ' REPAIE, CLONING 8, PIOTEOTION DRLYCS. OON0110TS PAVER ROADWAYS 02/08/2002 03:44 PM PIMA 0 WITHOUT PPM. AND SCUTHANN SILL VILLAGE GREEN WAY PROM MOINTYR3 STREET TO THE TRAFFIC CIROLE 43,004 43,0 TOTALAREA 402,00001' GRAND TOTAL SUBCONTRACTORS NAME 101.1N SEPARATE OMP POR 0007 BANK &WATER MAIN 101. IN SEPARATE 0MP FOR 0007 SANK & WATER MAIN 101.'0 SEPARATE OOP FOR DUCT BANK & WATER MAIN 101.13 SEPARATE ONO POR DUCT BANK & WATER MAIN NONE SHOWN/NONO INOLODE0 104. 1N SEPERATI OMP FOR DUCT BANK & WATER MAIN 101, IN SEPONATE OMP FOR DUCT SANK & WATER MAIN tCL M SEPARATE OMP POR DUCT BANK &WATRR MAIN NOT NM:WIRED; NOT INCLUDED INCLUDED IN PHASE 1 INCLUD10 15010010 INDLU0E0 INOLUD1D INCLUDED 1401.0060 INCLUDED INOLUD10 0101.0000 M0LU00D 114010060 ammo 1NCLUDED NOLUDED IN SEPARATE 02419 POR ADMINIPOLIOI BLDG NCLUDED IN SOPERATB OMP POR ADMINIPOLIOO BLDG NOLUD0011 SEPERATE 0MP PER ADMIN/POLIOB ALDO NONA SHOWN/ NCNB INCLUDED HOLLYWOOD 417001318014000 43,0 INCLUDED A824/8' RECTANGULAR WM. 11401. 1501. INCL IN0L NOT REQUIRED! NOT INOLUD00 INCL 1001. WM. 1NCL 11401. IMF 0,00 0.00 0.00 0.00 0,00 0.00 0,00 0,00 0.00 0.00 0.00 0.00 0.00 0,00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 041 0.00 0.00 0.00 0,00 0,00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 JAMES A. CUMMINGS, INC. 4 VILLAGE OF KEY BISCAYNE PILL/ WI0FKEY BISCAYNE 0111 A SITE INVRASTRU07UR8 ARCHITBOt: WILLIS CANDELA OMJM 0MP PROPOSAL BATE: !IBRUARY 0, ROOK THIO PROPOSAL 10 CONTINGENT UPON OUMWN00 CONSTRUCTING THE KEY BISOAVNE CNIO RECREATION CENTER, IN THE.IVINT 'CUMMINGS DOS NOT CONSTRUCT THE KEW BISCAYNE ONTO RECREATION CENTER 71118 PROPOSAL SHALL BE NULL A VOID PHASE 0 WITHOUT PPSL AND SOUTHERN BELL VILLAGE 0RBNN WAY PROM.MOINTYRI STREET TO THE TRAFFIC CIRCLE TOTAL, AREA 102,000 SP ITEM- 0i0TIoN - ? DESCRIPTION ORWOO, CONCRETE HAVER PARKING AREAS .-.- ORWOS. OONORETI PAVER$ID5WALK0 ORWOS, COLORED PAVERS FOR TRAFFIC MARKINGS ORW06,. 1? STABILIZED BU6411AD6 ,. OIIWOS, O" 0R 8" LIMBROCK BASE ON SITE CONDRBTE PAVERS AT PIRA AN POLICE E N08PE0 LANDSCAPING ORWGS, M ANI MATERIAL FLA 110,1 OR BETTER -ORWOS, MULCH - M INGO WOOD CONTROL FORM DRWOS. TREE RBL00ATION ORWOO, MAINT*NANOI UNTIL FINAL ACCEPTANCE ORWOO, - GUARANTEE • 1 YEAR P110MA001PTANOE NO SPEC GOODING ONRTIFIBO TURPORASO.ST. AUGUSTINE Olt . KENTUCKY ELUE PLASTIC BOOING DIMS. 1' PLANTING 000. UNDER ALL 000 ORW00, DUARANTOE • 1 MONTHSFIOM COMPLETION NO SPEC IRRIGATION DRWOO, EAOKILOW PRBVINTOR DRWOS, WATER METER. DRWOO. NON SINS FOR MANUAL WATERING CONTROL WIRING 0 NO OPEC - 00NCR1T*R1INPORDBMINT, NON-STRUCTURAL WOLDOD WIRE MESH MATERIAL WELDED WIRE MESH LABOR NO SPEC AROHITIOTURAL PRSOAO7 0011011670 DREAM. QON0RR7NEOLLAR00 ,14-..ND_OPIO METAL PASRI0ATICNS 6IW06---IRON DAMNS_---- DRWOS. PIPE SOWARDS 11 DW.10 MISC. SPIOIALTIES DRWSO.-FLAGPOLES 12 OW 18 MECHANICAL - - - DISCONNECT PLUMBING &MAKE SAFE POR DEMOLITION [ MATERIAL LABOR NIO NIO - 1110 N10 NIO O 0 O 0 8,772 880 0 0 0 0 1110 N10 N10 1110 1110 Ni0 0 0 o 0 0 0 TOTAL 0 0, 9 0 0 0 0 0 0 0 0 0 0 0 0 .,p U B> TRACTORONAME'u" 0 0 GRAND TOTAL INOL INCL IN0L INCLUDED IN EARTHWORK INCLUDED IN EARTHWORK INCLUDED IN PHASE 1 INCLUDED IN OWNERS ALLOWANCE INCLUDED IN OWNERSALLOWANOE INCLUDd&P 111 OWNERS ALLOWANCE INCLUDED IN OWNERS ALLOWANCE HID • BY OWNER INOLUOEO IN OWNERS ALLOWANCE INCLUDED IN OWNERS ALLOWANCE INCLUDED IN OWNERS ALLOWANCE INCLUDED IN OWNERS ALLOWANCE INOLUO10 IN OWNERS ALLOWANCE INCLUDED 114 OWNEMALLOWANCE INOLUD*p:IN OWNERS ALLOWANCE INCLUDED; IN OWNERS ALLOWANOB INL9D11DIN OWNERS ALLOWANCE 0 IN0LUFOBOIN OWNERBALLOWANCE 0 INCLUDED IN OWNERSS ALLOWAM70 INCLUDED IN SITEOONCRET0 INDLUOSD IN SITE CONCRETE b I10[;UDID IN NITA0011001117* 0 NIO NIO NIC 0 0 0,422 0 0 1410 NIO 0 0 0 NOT INOL.100* *BLOW NOT INCLJS1E BELOW IRONOMITNWAO NOT.REQUIREDI N071N0LUDED NOT INoLISEE BELOW NOTiNOLJSEE BELOW NOT INCLUDED NSF 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0 0,00 0 0,00 0 0.00 0 0.00 0 0,00 0 - 0.00 0 0,00 0 0.00 -0 0.00 0.00 0 0.00 0 0.00 0 0.00 0 -0.00 0 0.00 0 0.00 O 0.00 0 0.00 O 0.00 O 0.00 0 0.00 0 0.00 10,774 0,11 O 0.00 0 0.00 0 0.00 O 0.00 0 0.00 0 0.00 0 0.00 02108/2002. _IPM - JAMES RINGS, INC. CIVIL DRAWINGS 01.1.00 Location Plan 01.1.01 Demolition Plan 01.1.02 Demolition Plan 01.1.03 Demolition Plan - CIA .04, Demolition Plan - C1.1.05 Demolition Plan - 0L1;06 Demolition Plan - Department of Management Services Village of Key Biscayne Recreation Center Site & Infrastructure List of Drawings February 8r 2002 - Village Green Way - Village Green Way Village Green Way Femwood Road Femwood Road West McIntyre Street 0211.00 LocationPian 02.1.01 GeonttetryPlan - Village Green Way 02.1.02 GeonXeny:Plan - Village Green Way 02.1.03 Geometry Plan - Village Green Way C2.1:04 GeometryPlan - &Inwood Road 02.1.05 Geometry Plan - Femwood Road C2.1.06 Geometry Plan - West McIntyre Street 03.1:00 Location Plan 0.1.01 Graft & ➢rainage. Plan - Village Green Way 03,1.02 Grading & Drainage Plan- Village Green Way 0.1.03 Grading & Drainage Plan - Village Green Way 03.1.04 Grading & Drainage Plan - Femwood Road 03.1:05 Grading & Drainage Plan -Femwood Road 03.1,06 Grading & Drainage Plan - West McIntyre Street 03.1.07 Grading & Drainage Plan - West McIntyre Street 04.1.00 Location Plan 04.1.01 Underground Utilities Plan - Village Green Way 04.1.02 Underground Utilities Plan - Village Green Way C4.1.03 Underground Utilities Plan - Village Green Way 04.1.04 Underground Utilities Plan - Femwood Road 04.1.05 Underground Utilities Plan - Fernwood Road 04.1.06 Underground Utilities Plan - West McIntyre Street 05.1.00. Location Plan 05.1.01 Electrical, Telephone & Communications Plan - Village Green Way C5.1.02 Electrical, Telephone & Communications Plan - Village Green Way 051.03 Electrical, Telephone & Communications Plan - Femwood Road 08/03/01 08/03/01 08/03/01 06/29/01 06/29/01 06/29/01 09/25/01 08/03/01 08/21/01 08/21/01 08/21/01 09/25/01 08/21/01 09/25/01 08/03/01 09/25/01 08/21/01 08/21/01 09/25/01 08/21/01 09/25/01 06/29/01 08/03/01 09/25/01 09/25/01 08/21/01 09/25/01 09/25/01 CIVIL DRAWINGS (coned) 05.1.04 Electrical, Telephone & Communications Plan - Fernwood Road 05.1.05 Electrical, Telephone & Communications Plan - West M Intyre Street 06.1.01 Details C6.1.02 Details 06.1.03 Waterman' Profile C6.1.04 Notes ^ ' 07.100 LocationPlan 07.101 Traffic Marking Plan - Village Green Way 07:1.02 Traffic Marking Plan - Village Green Way C7.1.03 Traffic Marking Plan - Village Green Way 071 A4 Traffic Marking Plan - Femwood Road C7.1.05 Traffic Markijtg Plan - West McIntyre Street C8.1.01 Traffic Maireenance Plan 08.1 A2 Traffic Maittenance Plan C8.I.03 "Phase 1" Plan C8.1.04 "Phase 2" Plan C8.1.05 "Phase 3" Plhn ELECTRICAL DRAWINGS EE0.1.01 Fixture Schedule, Calculation Schedule & Details EE0.1 A2 Electrical Site Utilities - Details & Specifications EE1.1 A 1 Demolition Electrical Site Plan EE1.1,02 Site. Lighting Plan 'Area A' EE1.1.03 Site Lighting Plan `Area B' EE1.1.04 Site Lighting Plan `Area C'; . EE1.1.05 Photometric, Plan `Area A' EE11.06 Photometric Plan `Area B' EE 1.1.07 Photometrie.Plan 'Area C' EE 1.1.08 Electrical Site Utility Plan IRRIGATION DRAWINGS II R.O.W. irrigation Plan - Zone 1 12 Irrigation Plan - Zone 2, 3, & 4 13 Irrigation Notes and Details 09/25/01 LANDSCAPING DRAWINGS 08/03/01 LI R.O.W. Planting Plan -Zone 1 L2 R.O.W. Planting Plan - Zone 2,'3, & 4 06/05/01 0 09/25/01 09/25/01 06/29/01 08/03/01 09/25/01 08/21/01 08/03/01 08/21101 08/21101 08/21101 09/25%01 09/25!01 11/02101 11/02101 11/02%01 11/02101 11/02/01 08/22/01 08/22/01 08/10/01 08/10/01 08/10/01 08/22/01 08/10/01 08/10/01 08/10/01 09/25/01 09/19/01 09/19/01 09/19/01 09/25/01 09/25/01 09/25/01 PROJECT SPECIFICATIONS DIVISION 2 - SIIEWQRK 02050 Demolition, Removals and Relocation 02220 Earthwork 06/05/01 JAC Date 0-9/01 JAC Date f 01 TJIVISION 2 - SI'1'EWORK (coned) 1.2222 Excavating, Backfilling and Compacting for Utilities 02511 Asphaltic Concrete Paving 02514 Concrete Sidewalks, Curbs, Curbs and Gutters, and Wheel Stops 02517 Solid Interlocking Concrete Pavers 02580 Pavement Marking 02660 Water Distribution 02720 Storm Drainage System JAC Date 08/17/01 JAC Date 08/17/01 JAC Date 08/17/01 JAC Date 08/17/01 JAC Date 08/17/01 JAC Date 08/17/01 JAC Date 08/17/01 OTHER DOCUMENTS Response to Request for Information #PC002 10/31/01 Revised Phase 2 Site and Site Infrastructure Improvements (Phasing Plan) Rec'd via fax 1/31/02 VILLAGE OE\ JISCAYNE WLLAGE Of KEY SM0AYNE SITE ILSITE INFRASTRUCTURE ARONITEOT: SPILLISOAND0IA DMJM OMP PROPOSAL DATE: PESRUAItY 0.2002 TNIO PROPOSAL (0 CONTINGENT UPON CUMMINa$00N8TRU0TIN0 THE KEY BISCAYNE CIVIC RECREATION CENTER, W THE EVENT CUMMINGS DOES NOT 00N07RU0T THE KEY BISCAYNE.01110 RECREATION CENTER THIS PROPOSAL SHALL BE NULL 8.1010 PHASE 0 WITHOUT P&L AND SOUTHERN SELL VILLAGE GREEN WAY PROM MCINTYRE STREET TO THE TRAPPIO CIRCLE TOTAL AREA 102.000 BP GRAND TOTAL NOT INCLUDED REM 1107101 1S ON. 21 0RWOS, CREAM %RW00, comas. DRWOS. moms, ORW00. DRWOS, ORWOE. MWO$, DRW00, CRWOS. bRWOS. ORWOS, DRWOS, ORWOS, DNWOS, DRWOS, IRW00. DRWOS DRWOS DESCRIPTION REMOVE FREON & MAKS SAFI FOR DEMOLITION ELECTRICAL ELECTRICAL NOT SANK OOM OUNMATION DUCT BANK TELEPHONE & OASIS TV DUCT BANK FPI%MANHOLES. PURNISHID 01 PPM. INSTALLED SY CONTRACTOR PPSL CONDUIT • PURNIOHID BY !P&L INSTALLED BY CONTRACTOR EELL000TH MANHOLES. FUME. & INSTALL BY QONTRAOTOR COMMUNICATION MANHOLES. PURE. & INSTALL RY CONTRACTOR WATERPROOFING OM MANHOLES PPSL POWER POLES • NI0 TEMPORARY PPSL POWER POLES. 1110 FPI% CONDUCTOR. &CAEL88 • NIO PAD MOUNTED TRANSPORMORS • MO UMW' 110HTIN0 PLANTER LI01111110 PRECAST LIOHTPOLE BASES TO MIST WIND LOADING ROO. 0ONORITE EQUIPMENT PADS PR08t MINPORO00 PLASTIC ENCLOSURES RELOCATE IXIST•O 410HT POLED 1 LIONT POLE PULL BOXES • NIC_:. REMOVE EXISTING ?PAL LIMO POLES //PULL 10X10 • 1110 REMOVE EXISTING PPSL OVERHEAD POLE & POWER LINES. NIO CONNECTION TO MOUNTAIN PUMP & 0ONTROLLER ILLUMINATION TE0TIN0 MONO & SEALED EY PE CONNECTION TO IRRIUATION CONTROLLER TEMPORARY ELECTRIC , .. DISCONNECT 8X1011110 S MAKE SAFE FOR DEMOLITION MODIPYEXTENT OP RESTORATION NY ADDING SURFACE WORK TO UNDEROR MATERIAL LAOOR SUB 37,04 TOTAL 0 SUBCONTRACTORS NAME 0 07,042 01CL IN SEPERATO OMP 010E IN SEPERATE OMP 010E IN SEPORATEOMP O IOL IN EEPERATE OMP OIOL IN BEPERATE OMP 0101.1N SOPBRATE OMP 101111 SEPERATE OMP JCL IN SPERM OMP PIBKI 8011000 FOR DUCT BANK & WATER MAIN FOR DUCT RANK 6 WATER MAIN FOR DUCT BANKS WATER MAIN FOR DUCT DANK A WATER MAIN POR 000T BANK & WATER MAIN FOR bUOT SANK S WATER MAIN FOR DUCT SANK S WATER MAIN FOR DU0T BANK B WATER MAIN NIO • BY OWNER NIC-SY OWNER 1110 • BY OWNER NIO • EY OWNER INOL0000 INCLUDED INCLUDED NOT REQUIRED%NOT INOLU000 NOT RE0UIREO/ NOT INCLUDED NM • BY OWNER NI0 • BY OWNER WIC. SYOWNER NOT RBOUIR8b1 NOT INOLUOND INCLUDED INCLUDED IN PKA881 IN0LU080 NOT INCLUDED NOT REOUIRE01 NOT INCLU050 07,04 SUBTOTAL Sal SUBTOTAL' SALES TAX 0,6E LOOK NURDEN SUBTOTAL 02/08/2002 03:44 PM 6,24 2,91 214,8 JAMBS A. CUMMINGS, INC. 227,8 227,8 801 2,876 251,285 251,20 221,285 NSF 0.00 0,00 047 0,00 0,00 0,00 0,00 0.00 0,00 0.00 000 0.00 o.00 0.00 0.00 0,00 0.00 0,00 0,00 0.00 0.00 0,00 0.00 0,00 0.00 0.00 0.00 0.00 0.00 0.00 0,00 2.27 0.00 0,00 0,00 0,00 0.00 0,00 0.00 2.27 0,00 6 VILLAGE OF KEY BISCAYNE VILLAGE 01' KEY BISCAYNE 0ITE A SITE INPRAOTRUOTURE ARCHITECT: (WILLIS CANDELA DMJM 0MP PROPOSAL DATE: FEBRUARY 3, 2002 TNISPJUSPOML 1G CONTIAOENTCPA OUNNIIMINGS CONSTRUCTING THE KEY BISCAYNE ONIO RECREATION CENTER. IN THE EVENT CUMMINGS 0088 NOT CONSTRUCT THE KEY BISCAYNE ODIC:: RECREATION CENTER THIS PROPOSAL. SHALL BE NULL & VOID PHASE 0 WITHOUT PPALAND SOUTHERN BELL VILLAGE GREEN WAY FROM MCINTYRE STREET TO THE TRAFFIC CIRCLE TOTAL AREA 102,000 BF ITEM 1E0TI0N DESCRIPTION DINNER PROTECTIVE LIABILITY INSURANCE BUILDER'S RISK INSURANCE PERMITS !tFORMANOE ROND - - SUBTOTAL MATERIAL DESIGN PNASE PEB - CONSTRUCTION PHASEPOE BXTONO PROJECT TWO AND A HALF MONTHS POR INFRASTRUCTURE WORK CONSTRUCTION CONTINGENCY- OWNER CONTINGENCY OVERHEAD APRQPIT OWNER'S SALES TAX. CAVING. PROGRAM SUBTOTAL SUBTOTAL SUBTOTAL SUBTOTAL TOTAL THE FOLLOWING ITMMBOP WORK ARO SEPARATE OWNER ALLOWANOES WHICH ARE NOT INOLUDED 1517X18 PROPOSAL AND WHICH DO NOT INCLUDE ANY CONSTRUCTION-MANAGER'SMARK4D8 FOR PERMITS,taxes, JNODJIANOE, EOM, CONTINGENCIES AND OVERHEAD AND PROFIT. FOUNTAIN AT WESTMOINTY115 STREET FUTURE COLUMNS • 6 EACH TRAIT* OIROLE ARCHITECTURAL ELEMENT PARK GAZEBO TRELLIS ARCHITECTURAL PRECAST LABOR SUS TOTAL I' 0 2,080 1,800 3,818 238,034 SUBCONTRACTORS NAME.. OWNER ALLOWANCE OWNER ALLOWANCE NOT INCL. 0 :INCLUDE IN RIO, CENTER :0I0LiN SEPERATE OM P POR DUCT BANK & WATER MAIN 238,034 3,000 241,034 3,000 244,034 11,000 266,042 (3,836) 281,808 00,000 OWNER' ALLOWANCE NIO • WORK BY OWNER 40,000 OWNER ALLOWANOE N10 - WORN BY OWNER 126,000 41114005(411010:41NIC +WORK or OWNER 28,000 OWNERALLOWANCE NIO+WORK BY OWNER 18,000 OWNER ALLOWANCE Hie • WORKBYOWNER 4,000 OWNER ALLOINANOE 1110 • WORK . BY OWNER GRAND TOTAL 11811 -= 0 0.00 0.02 0.02 0.02 0,00 218,034 2.34 0.00 NOT INCL. 0.00 0 0.00 0 0.00 0,00 218,034 2;34 0.00 3,000 0.03 0.00 241,034 2,31 0.00 3,000 0,03 0,00 244,034 -2.0 0,00 11,008 0.11 0.00 266,042 211 3:33 (3,838) (0.04) 0,00 244,003 •2.47 2,080 1,800 3,818 02/08/200 , PM JAMES P MINOS,INC. 7 VILLAGE OP KEY BISCAYNE BITE A SRN INFRASTRUCTURE AROHITBOT: SPRLIS CANDELA DMJM GMP PROPOSAL BATE: PEBRUARY 0, 2002 TNIB PROPOSAL IS CONTINGENT UPON CUMMINGS CONSTRUCTING THE KEY BISOAYNE CNIO RECRBATION @ENTER. IN THE MET CUMMINGS DOSS NOT CONSTRUCT THE. KEY BISCAYNE CMC RECREATION CENTER THIS PROPOSAL SHALL BE NULL AVOID PHASE 0 WITHOUT PPSL AN@ SOUTHERN BELL VILLAOE *KEEN WAY PROM MGINTYRE C7REET TO THE TRAFFIC CIRCLE TOTAL AREA 102,000 SP ITEM SECTION DESCRIPTION MISO. SPECIALTIES PLOKIPA POWER a LIONT ANO SOUTHERN BELL WORN PROMS@@ BY OWNER TOTAL MATERIAL LABOR SUB TOTAL SUBCONTRACTORS NAME GRAND TOTAL $,000 OWNER ALLOWANCE NIO • WORK BY OWNER 0 SEE ELECTRIC DUCT BANK & WATER MAIN OMP 276,000 61SP 02/08/2002 03:44 PM JAMES A. CUMMINGS, INC. 8 Act ID 1100 Activity Description Orgl Early Early Dur Start Finish CONSTRUCTION OF NEW FIRE STATION "" JOB `13FEBD2 18JUN02 1110 SUBSTANTIAL COMPLETION 1120 PUNCH LIST 1 31JUL02 31JUL02 22 31JUL02 29AUG02 2100 CONSTRUCTION.OF NEW ADMIN. & POLICE STATION 2900 RELOCATE&DEMO:EXIST.POLICE/ FIRE&INSTALL SPARK. 2119 SUBSTANTIAL COMPLETION 2120 PUNCHLIST 90 13FEB02 18JUNO2 33 19JUN02 02AUGO2 1 29AUG0229AUG02 22 30A0002 30SEPO2 2106 PERMITTING 2107 OWNER APPROVAL OF GMP & AMENDMENT TO CONTRACT 2108 COMPLETE SITE,UTILITIES&ROADS WORK@FIRE & ADMIN. 2109 UNDERGROUND ELECT. & WATER WORK 2110 MCINTYRE & VILL.GRN. ROADS & WALKS WORK 2114 VILLAGE GRN CIRCLE & EAST TO EXIST.ROAD & WALKS rnlnnl Sluff repel Finish nDnle vniOnto 0PIlmnvern Syslsmn, l Arme***1AFIn* Enrly Bnr pyl9 Nai rn's em V * Cnl of Acuity Kira 15 06MAR02 26MAR02 90 27MAR02 30JUL02 64 27MAR02 24JUN02 64 17APRO2 15JUL02 44 22MAY02 22JUL02 2002 'MIAMIJIJ ASIOINID J F 2003 M[AIMIJ CONSTRUCTION OF NEW FIRE STATION *SUBSTANTIAL COMPLETION :PUNCHLIST; J A s� CONSTRUCTION OF NEW ADMIN. & POLICE STATION i RELOCATE&DEMO.EXIST.POLICE/ FIRE&INSTAL 30 13FEB02* 26MAR02 SW PERMITTING , 'OWNER APPROVAL OF.GMP & AMENDMENT TO CONTRACT ..:, COMPLETE SITE,UTILITIES&ROADS WORK@FIR UNDERGROUND ELECT. & WATER WORK *SUBSTANTIAL COMPLETION PUNCHLIST JAMES A. CUMMINGS, INC. VILLAGE OF If ISCAYNE CIVIC CENTER CIVIC CENTS -c MPLETION SCHEDULE �MCINTYRE & VILL.GRN. ROADS ;& WALKS WORK' VILLAGE GRN CIRCLE & EAST TO EXIST.ROAD & Sheol l of 3 Act ID Activity Description 2111 EXTEND VILLAGE GREEN ROADS & WALKS TO W. ENID 2115 PHASE I LANDSCAPING, IRRIGATION & BRICK PAVERS 2112 WEST ENID ROAD &WALKS WORK 'Org! Early Early uri Start Finish 44 19JUNO2 19AUGO2 52 19JUNO2 29AUG02 44 28JUNO2. 28AUG02 2113 FERNWOOD ROADWALKS SOUTH OF 4 MCINTYRE k' 9999. FINAL COMPLETION riiv Aar net Slat( mind rininb- tiDM° *nsonyt 'e1PRI1tI,V11111lPIRL. P,nh/PR Silt nrrnn> Alp 1 — . 4' CtilitAl Animm 0111 1110? 4 28JUN02 28AUG02 1 01OCTO2 01OCTO2 2002 A,M J A JAMES A; CUMMINGS, INC. VILLAGE OF KEY BISCAYNE CIVIC CENTER CIVIC CENTER COMPLETION SCHEDULE S O N 2003 D JIFIMIA M�J J IAI$II_: T EXEND VILLAGE GREEN ROADS & WALKS T ii Ei i I PHASE I LANDSCAPING, IRRIGATION & RIG WEST ENID ROAD & WALKS WORK I I FERNWOOD ROAD & WALKS SOUTH OFMCIN FINAL COMPLETION Shoo 2 el 3 C 111minys 1A PtIItnvntn SYslnnit qn:. _ tnlnet Stn, ro(nd Florae -. Ta enly 1r halo 1(514 Act ID Activity Description 57075 WASH-& COUNTY PERMITTING 5076 VILLAGE PERMITTING ,Orgl Early j Early ,Due Start r Finish 2002 2003 F110 111 !J`IJIAIS b N D JIFIM..A MR JIAISC� 8 '13FEB02 31MAY02 ASA & eouNfl PERMI ( TTING 78 13FEB02 31MAY02 VILLAGEIPERMITTING 5065 RELOCATE OFFICES &DEMO. EXIST. 22 19JUNO2 18JUL02 VILLAGE HALL&BANK 5100 CONSTRUCTION OF REC. CENTER 289 19JUL02 27AUG03'" 5110 SUBSTANTIAL COMPLETION 1 28AUGO3 28AUGO3 5120 PUNCH LIST 20 29AUG03 25SEP03 • 4106 PERMITTING 4108 SITE, UTILITIES & STREETS WORK @ REC. CENTER 4109 FERNWOOD UNDRGRND.,ROADS&WALKS 4110 VILLAGE GRN. UNDRGRND.,ROADS, MCINTYRE TO CIRCLE 1 • • •P Y 11999 FINAL COMPLETION 13rEe02 Q) rrinlnvern Syttalna, 1110, ffie • e P.m(' Bat Pmryrnnre:n— (C III .n0 A.:IlvIty PUNCH LIST RELOCATE OFFICES',&DEMO. EXIST. VILLAGE HA 66 13FEBB02* 15MAY02 PERMITTING 88 , 29APR03 28AUGO3 44 29APR03 27JUNO3 44 30JUNO3 28AUGO3 1 26SEP03 26SEP03 JAMES. CUMMINGS INC, VILLAGE OF )SCAYNE CIVIC CENTER CIVIC CENTS -c MPL.ETION SCHEDULE N SUBSTANTIAL COMPLETION' lemsamigistLi-E 11 , FERNW00' VILL FINAL COMPLETION Qualifications and Clarifications Where conflicts may exist between these Qualifications and Clarifications and the listed Contract Drawings, Specifications and Architect's letters of direction, these Qualifications and Clarifications shall govern. 1. The Owner Allowances are sums of money established for a particular item of work which scope and description are not sufficiently defined to allow for pricing by Cummings. These Allowances are inclusive of all labor (unless otherwise indicated), payroll taxes and insurance, material, sales and use tax, equipment, services, general requirements, insurance, bond and fee. The following items of work are included as Owner Allowances: Owner Allowances A. Permits B. Builders Risk Insurance C. Landscaping, Irrigation & Sod $ 10,000.00 $ 10,700.00 $ 225,000.00 2. The costs included in this proposal are as specifically identified in this proposal and are as specifically shown in the enumerated contract documents and do not include any unknowns, incomplete design and/or conflicts which may result from the completion of the contract design documents. 3. This proposal is based upon the assumption that construction of the Recreation Center will begin at final completion of the Fire Station and the Administration/ Police Building. Any additional work required as a result of a delayed start in the construction of the Recreation Center is not included. In the event Cummings does not construct the Recreation Center, the GMP proposal for Phases 4 and 6 of the Site and Site Infrastructure will no longer be applicable and shall be rendered null and void. This work would be performed simultaneously with the Recreation Center by whoever is the contractor. 5 Phasing has been included in accordance with the enclosed phasing plan. 6. All proposals are based upon the work taking place during the time frames established in the enclosed schedule. 7. Permit fees are included as an Owner Allowance of $10,000.00. 8. Builder's Risk Insurance is included as an Owner Allowance of $10,700.00. 9. Construction of the traffic circle and North Village Green Way to within 195 feet west of Crandon Blvd is not included. All work from Crandon Boulevard 195 feet west along North Village Green Way shall be provided by others. 10. Art In Public Places -including all required infrastructure shall be provided by others, DIVISION 2 - SITEWORK 11. In that a geotechnical report was not prepared specifically for the Civil & Site Infrastructure, this estimate isbased strictlyon the Subsurface Soil Exploration as prepared by K&B Consultants;Inc for the Administration and Police Building.. Site preparation does include the removal of the existing top two feet (2') of existing soil within the area of construction. All costs required to remedy and modify existing unknown subsurface conditions, including unsuitable and/or contaminated soils are not included. 12. r * lexisting trees which are in conflict with new construction shall be demolished and removed from the site by Cummings. Demolition of the existing Village Hall and bank is included. All FP&L and Southern Bell costs including but not. limited to the removal and/or relocation of FP&L light poles, power poles and pull boxes are not included. 15. The sanitary sewer servicing the Administration and Police Building as shown on sheets 04.1.01 and C4.1.06 was previously included in the GMP proposal for the Administration and Police Building and is therefore not included in this proposal 6. Solid interlocking concrete pavers similaror equal to those manufactured by either Paver Module or Tremron are included. 17. All pavers for the sidewalks are included as 4" x 8" concrete pavers. All pavers for the roadways are included as both 4" x 4" and 4" x 8" concrete pavers. All concrete pavers for the sidewalks and the roadways are included as 2-3/8" thick. 18. With the exception of the handicapped parking spaces, all pavement markings in areas to receive concrete pavers, are included as colored concrete pavers. All pavement markings for handicapped parking spaces located in areas to receive concrete pavers are included as painted. 19. All pavement markings on asphalt paving are included as painted. 20. Landscaping, Irrigation and Sod are included as an Owner Allowance in the amount of $225,000.00. 21 Topsoil is included, under the sod as two inches (2") thick. 22. All required reinforcing steel and welded wire mesh are included as regular plain steel and bright welded wire mesh. 23. Concrete sidewalks where indicated as colored are included as key coral colored concrete with a medium broom finish. 24. By adding the surface work to the electrical duct bank and water main GMP, the extent of restoration has been modified therefore a credit of$25,000.00 has been included towards the Owner Allowance for restoration previously included in the Electrical Duct BankAnd Water Main GMP DIVISION 5 - METALS 25. Tree grates are included as cast iron with a black enamel finish similar or equal to those manufactured by Ironsmith Architectural Products Model M4836 and M6058. DIVISION 16 - ELECTRICAL 26. The furnishing of manholes and conduit for FP&L duct banks is not included. WORK PROVIDED BY OWNER 27. Threshold inspector and special inspector services. 28. County, city and other governing municipalities and agencies fees and charges and all impact fees, utility connection and usage fees. (Permit fees are included in the GMP as an allowance.) 29. Quality control testing. 30. Tree relocation. 31. Removal and/or relocation of existing trailers and other portable type facilities. (Demolition of the existing facilities is included.) 32. Asbestos abatement and removal of other hazardous materials in existing facilities. 33. Furniture, Fixtures and Equipment'(FF&E). 34. Removal, replacement and/or restoration of existing unknown utilities. 35. Detention tanks and disposal wells. 36. The cost of the water meters. 37. Traffic and/or pedestrian signalization. 38: All required Florida Power & Light and Southern Bell work including connection fees. 39. Art In Public Places including all required infrastructure WORK NOT INCLUDED 40. The following items of work are separate Owner Allowances which are not included in this ,proposal and which do not included any construction manager's mark-up for permits, taxes, Insurance, bonds, contingencies, overhead and profit C. D. E. F. G. H. Fountain at West McIntyre Street Feature Columns Traffic Circle Architectural Element Park Gazebo Trellis Architectural Precast Concrete Miscellaneous Specialties Florida Power & Light and Southern Bell $ 60,000.00 $ 40,060.00 $125,000.00 $ 25,000.00 $ 15,000.00 $ 4,000.00 $ 6,000.00 See Duct Bank GMP WORK PROVIDED IN ELECTRICAL DUCT BANK & WATER MAIN GMP 41. FP&L duct banks, Bell South duct banks, and communication duct banks. 42. Water main under Village Green Way. 5 JON 3f 2CO2 10:0SB M HP LASERJET 3200 [Y TO MS Slott 0 GY S UM SLO OP [04 r at OE 241 tea t 1 Of auSt.1 [U Wct 3fFt z WEST £NIDD RIVE L '4 4 4 j. <Kfti 9ttV 1 __ l Activity Description Org Early Early Dur Sta rt Finish FIRE STATION 1100 CONSTRUCTION OF NEW FIRE STATION 90 13FEB02 1.8JUN02,. 1110 SUBSTA NTIAL. COMPLETION 1120 PUNCH LIST 1 31JUL02 31JUL02 2002 20' F A_MiJIJIAIS Q1N1D J F .MCA M .1J111" 1 IL 1I LJ J,1J.1l rI 1[JIl LlLLLJI .I.J41 J_LLL 1LL III I11 22 31JUL02 29AUG02: 2100 CONSTRUCTION OF NEW ADMIN. & PO LICE STATION 2900 RELOCATE&DEMO, EXIST.POLICE/ FIRE&INS'T'ALL &PARK: 2119 SUBSTANTIAAL COMPLETION 2120 PUNCHLIST 90 13FEB02 18JUNO21 33 19JUN02 02AUG02' 1 29AUG02 29AUG02 22 30AUGO2 30SEP02. 2106 PERMITTING 2107 OWNER APPROVAL OF GMP & AMENDMENT TO C ONTRACT 2108 COIIJPLETE SITE,UTILITIES&ROADS WORK@aPIlt" ADMIN. 2109 UNDERGROUND ELECT. & WATER WORK 2110 MCINTYRE.& VILL.GRN. ROADS & WA LKS WORK 2114 VILLAGE GRN C IRCLE & EAST TO EXIST. RO AD & WALKS 30 13FEB02* 26MAR02 15 06MA R02 26MAR0 90-"27MAR02 30JUL02 64 27MAR02" 24JUN02 64 17APRO2 15JUL02 44 22MAY02 22JUL02 O&STRUCTIQN QF MEIN F I I BSTANTII&L PUNCH LIST LQCATE& DEMO, �ArITIAL C NCHLIST OW,NER-APPROV AL; OF GI4MP• & A C MPLETE SIT ,UT ,UNDE GROUND EL CT. & CI TIRE & VII -1- I I 'VILLAGE GRI CIRCLE ON PL RE ST ETION ,PERMITTING' EADMIN. & POLI E TA ICE/ F RE IN • TAL OI PLFTION ENRM ILITIE WA NT TO CONT SR ADS y110 Project Start Project Finish Data Date Run Date IOFEN2:ininTraWASSKS Early Bar SSEPOO kaggragma geweltrources ltloM I 5 3FEE02ritical Mt 00FE502 S)Ptlmavera Systems, Inc. KST4 JA MES A. CU MMINGS, INC. VILLAGE OF KEY BISCAYNE CIVIC CENTER civip CENTER COMPI!ETION SCHEDULE Sheet 10 C umm1n95 ID A ctivity Description 2111 EXTEND VILLAGE GREEN ROADS & WALKS TO W. ENID 2115 PHASE I LANDSCAPING, IRRIGATION & BRICK PAVERS 2112 WEST ENID ROAD & WALKS WO RK Org Early Early Dur Start ! Finish 44 19JUN02 19AUG02 52 19JUN02 29AUGO2 44 28JUNO2 28A0002 2113 FERNWOOD R OA D & WALKS SOUTH OF 44 28JUN02 28A UGO2 MCINTYRE FINAL COMPLETION FIRE & POLICE/ADMIN. 9999 FINAL COMPLETION Pro ject Stan Projec t finish Data B ate Bun Date @ Prim avera Syate 1 01OCTO2 010CT02 ' 13FEB02 T Early Bar 26SEPOS Progress Bat' •!EPu2 lieweir Critical Activit 1E002 KST4 20 F,M�AIM Jf J L02 AI_S JAMES A: CUMMING$, INC. VILLA GE OF'jj91SCAYNE CIVIC CENTER CIVIC CENV,JOMPLETION SCHEDULE EX' 2003 M1AI M JC- END V LLAG GI EEN ROADS.& ASE I (L ANDS STEMO RO FERN AI ING, IPRI Sheet 2 of OW -114 OF MC n N 5110 SUBSTANTIAL COMPLETION 5120 PUNCH LIST 4 Act ID Activity' Des cription A., Org; Early Early r0ur, Sta rt f Finish RECREATIO N CENTER 22 FiM A_IM1J J00TA],SI.OINI-Q, I I 31MAY02 WASA & COUNTY PERMITTING 31MA Y02_VILLAGE PER MITTING I J.I ELOCATE OFFICES 200' JsFLM1AIM_1J.L 5075 WASA & COUNTY PERMITTING 5076 VILLAGE PERM ITTING 78 13FEB02 78 13FEB02 5065 RELOCATE OFFICES &DEMO. EXIST. 22 19JUNO2 18JUL02 VILLAGE HALL&BANK 5100 CONSTRUCTION OF REC. CENTER 289 19JUL02 27AUG03 1 28AUG03 28AUG03: 20 29AUG03 25SEP03 4106 PERMITTING 4108 SITE, UTILITIES & STREETS WORK @ REC. CENTER 4109 FERNWOOD U N DR GR N D.,ROAD S &WALKS 4110 VILLAGE GRN. UNDRGRND.,ROADS, MCIN-TYRE"TO CIRCLE 88 29APR03 28A UG03 44 29APR03- 27JUN03 44 30JUNO3 28AUG03 66 13FEB02* 15MAY02alirf ifirEOITITIT � � I I , FINAL COM PLETION RECREATION CENTER 11999 FINAL COMPLETION 1 26SEP03 26SEP03 Project Start Project Finish Data Dale Ru n Date 13FES02 early, Bar 26SEPOS "Arne Oar 13FEBR2 Critloel ActiviFy OOPERO2 ¢' Primavera System s, Ina. KST Sheet 3 of 'JAM ES -A, CUMMINGS, INC.: VILLAGE -OF -KEY BISCAYNE CIVIC CENTER CIVIC CENTER COMPLETION SCHEDULE EM SIJBSTANTI, EXIST . VIL L COMPLETI CuI'mIi II'lnq DRAWING CI.l.ol I m fihi DRAWINGL._ CI.I.06 I I 1111 . - -. J 'AGENDA ITEM LOCATION PLAN 0 10 00 110 DRAWING 1.02 DRAWING RI.1.03 VILLAGE OF KEY BISCAYNE CIVIC CENTER Key &Ieeyn,. IM;0e 0pllf Caneele DION ney aw *SP. Ve.i tee CI.1.00 Wow 8Le&0 AVII" 03180 309111A NV1d N011110V130 001 Ir{yl Nl Olm ib3ttt M �' *wyt0 .. Mtlry 0'1 19 33S NOLLVONI1NOS AOJ 06,10 'VIS 1111 NOON ?NMJ'r✓/Ofnd ltl !l31N30 5hIO 31403 9EA3)1 30 .30V111n 0 linGn STAIN of -0N3931 BIM OTIS O1134.03 e 3'1mMn ax, iLtl a vvD9m bi t m±fva a elyl ojll eet Iv en, to a Ter 51444 46114.41. 'ii i4 1° ¢ I Si ION MAO YIWuv) 5111.45 09 o�wr' 1�+b1d AVM N3380 Minn Ntlld NOI1110W30 00{!.(.11500 ,PS" PS m 10113 OPP4I Vu1°,48 Arl 831N33 31A13 3NAW3SI9 A3M 0 30V -PIA W 011110 (MUM. 5111).11. Ifs„'rt', SMani°x„:111 ,w , 1331 5.00a IiIgno JO 11111t11,130 110. Mil 0131110 tIDIIVS011,1110 *Anil 1E00.0100, OOHS 1013 53311S,111$10 I m vl urn SALON bol1J33S NOIlvf1N11903 801 00.1'ti1S • 30011 1071a0 .N )41541 0003031 NOTES_ coi w' LEGEND ant( e.auee, CORCIEM 511:10.“ anrCecit au 1 I sm +ae•.re, oo.,y(e,eo• WOO s. COOROP IE opt pr 1MI. DEpAFTNENT 1 ?OM 40910 WI 1 WOOD, �' .Nhu o m6 •w, ��� OLD AtiniaenlifVuOMONS DEMOLITION PLAN V¢LAGE QRLEN WAY II 0 20 10 00 VILLAGE or KEY 91SCAYNE. CIVIC CEMER Xev B)iM'. flml3h 001111s ton@L 00)0 pl. •.Cn C1.1,Q. 10 01 NE St 1.6-6 EOA CONTONUATION SEE C 0 RTC LEGEND IIIISIPor Pima nnxn ut.>an.T mumstplitilti 114 tulip at rumr \ \\ ... 0 FERNWODD ROAD i� r..-1--.r__i, _.t_1_.i. _r_r r l 1--1 NOTES °++0:° &MITB DEMOLITION PLAN FERNWOOD ROAD 0 0 20 40 60 VILLAGE OF KEY BISCAYNE CIVIC CENTER key O'scoone nor* 0001 &n&i. 04)10 M1:Ai 01.1.04 asrx. Orprisrett Wnpr N. >M Tarr. •Rqr-- TV W.1 "' LEGEND 1.. ..� .....�.yyf...J.i • rU� rf ram EERN � 11 8 . ' NOTES .41.40v 0.11,40 00 SOW, 40101AND n,w0 AL WO AM If 0s,,,4 ,ion N, C00110Dalt ,4110.1, MA, •IORICS Otir0.nit0.1.6s COrytIFILICIIMI AREA 11(.1.10VE !nit 101.0 AWN. MITILS MO MR .0 nItin.10 1•v166Alv�PILL, OEMOLITIDN PLAN FENNW000 ROAD 0 20 0 .VILLAGE-I$F KEY ilIEGAYNE eme'ENDER toostoremoot 41111, ti**1. DMA 0-09-01 0- M 00 I Tit ite" ',Erg atIA STA i4 ON S€ER`rr s1 NAICH UNE • $IA17E 00 . CONTINUATION SEE C1.1.04 LEGEND LIN 01101111.00.101. C0,01.1t 10, WO WO Oita WitCR Ow Pt MAFCN EOp LINE CONIINVA7 ATCH LINE • S IA. 9.00 FOR CONTINUATION SEE CI 1.01 NOTES e'`w„ed, rtS$I °i: °I EDORIIINME R04.nIe.tn� w•.° 0 u .�° w, °•a ., REMOVE Cuni 5311(6 O DEMOLITION PLAN YIES1 MC INTYRE STREET 11 0 20 40 60 GALEN DRIVE VILLAGE OF KEY BISCAYNE CIVIC CENTER Key B3tnyne, Rw10° selll'n tanede 0060 166.ms 222 Pk n.' II H �W 2. r...11i DRAWING C2.1 QI !,DRAWING' 1C2.1.06 LOCATIONL.... PLAN 00 120 DRAWING 02.1:05_ 41)RAWING 02.1.02. IDC7RAWING.I ,L0$ VILLAGE or KEY BISCAYNE CIVIC CENTER Est ..Florida enkd ON 4 timx W No. PAVING MATERIALS NOTES ISMS 141111011 • Olt. is I Is SPOOL SPAIR . 11.1110 as ▪ •sAMOIR s(1 COSA Iiistimst • CAI Olt OMR 11 Oasist PINIIOSIest ILO UMW PAYER SOICSSIE <a.a<m <o.CUPS .l. LEGEND (SUNG ta 1101,11 MATCH INE TA. 11.00 FOR CONTINUA! ON SEC C?,1:0.4 i tog NOTES ill I1 u GEOMETRY PLAN PLAN VILLAGE GREEN WAY 8 0 20 40 60 VILLAGE OF KEY BISCAYNE CIVIC CENTER xc 6',46444M4644 Splllry Candela Wig NOTES mw..rz.,i,or wo..wi. ,:.bow ert0�r 00000.0•0.0. 0•i. [ni�N O.Pa•5 Mew( r,a.i0i ce W'I114 LEGEND tPlusa go 01000 I E� =`:`3 ` s Mint PnEthn / ._..—iii �" o saes °{e0 it p < r tau ITNkg lbi y` kn4 g eG<iDv3e"�d`, 1I I n k p az"fig: rrER "ei I ._.: M AIOA ONE LE 2 �'- ✓'' � 11 FOR —CQNTINOAl10N SEE O21.Ob SORCERY PLAN VILLAGE GREEN WAY Yi 20 90 LG VILLAGE GE KEY INISCAYNE CIVIC CENTER M y lA ,ynb tygp spins gma.G.'oNsu .. s=uw. wip wwap c2 1,02 0 MASON LI NE • STA. 9.40 FOR CONTINUATION E. C2 .1.02 LCI 10 iM 000 e4o "'IAA CH NE • 5 A. 0 FOR CON11 UAIION SEE -C .4,01 - 0 NOTES 6111 W01161106 6111104111 11101 Ar .p@.'4u[In4b5 ua uuuh ixa,ou[o LEGEND u4 mm4xi VIP :AY iiI4 ar�u e Yo &7J y 4 ax 4 [nom foa @q"Il rrvaP� rY1 6611° 4161" GEOMETRY.. PLAN FERNW000 ROAD N 0 20 0 60 VILLAGE OF KEY BISCAYNE CIVICCENTER xe111166rM 1116. 501.firs a d1 Qe:..4 �. .a en° 2000 02.1.04 032 _ KO. f4nTCH LINE' • S A. 1.C2 00 60NIINNAt10N SrE 02.1.04 nn..ee nwn em.m Winn el Web I I I Y 4.1 �.. IS r I inn WO MATCH LINE StA. 9.00 DR CONTINUATION SEE C2.1.0 ,,hew„t .nnet.t C,$14101 tetten Cannel( WO Henn 01 e went ,.en fray. tenant Wenn One COM ant i:9i:'{€£CLerz ' ;Ot�i�, m: J BEDREDSCI KREESKIBMI Icral VicE,CRR.RintRc""^ %IVES Tete ,p,.wyMtat to Y4 GEOMETRY PLAN WEST MC INTYRE STREET. yI 0 60 40 60 ilI un; &AI,EN DRIVE VILLAGE OF KEY BISCAYNE CIVIC CENTER Kfl annen, rbxd- SOU. WAD. 010111 6.666— 60666. Pad. Taman. An In *Peen en I` till l I Tfl1I,1.T 1I IDRAWINCI 03.1.01 LOCATION PLAN 00AWIIIG C3.1.05 00 AW ING C3.1.02_ ORAWINGI C3103 1 VILLAGE OF KEY BISCAYNE CIVIC CENTER Key Viscaynt.F14464 spill6 Caaaele Oulu ter Ezawut neixat Wei ua x.:001 6510 03.1.00 ONin COM NOTES r taad Craa Fla P uY3d i.@ ipkVig ,. NM= Iw'r,Fti. nu¢ea+ pce!' a p gwow� 001 LACt CREEN'-WAY MATH EOACONINUANON SE 4 C31.03 GRADING .MID DRAINAGE PLAN V1480! 80! GREENWAY O 10 0 D ° I6 V 5.0 VLLAGE OF KEY'BIS,CAYNE CIVIC CENTER Roy 0 jn,F4Mo 200t rink 03.1.02 LOCATION PLAN ID 80 �0 DRAWING 3.105 DRAWING 0.1.02 (DRAWING 03.1.03 VILLAGE OF KEY BISCAYNE CIVIC CENTER Rey eluer^e,fblN Spi018 C•adek DNA wg NW JOU tOxeri 404 ..ormmm col y,.o cr E. VILLAGE GREtW WAY 4E4 10 DRAPING AND DRAINAGE PLAN VILLACEGREEN WAY NOTES IOW .a 2(00,0: 4m.aa, c.o.e.nn 0144 4 200P LEGEND IR IN/4 SIMS rnwtr7z1 20 40 60 VILLAGE OF KEY BISCAYNE CRC CENTER ((y &scoot Mloo soils L4d a DGh. e.M 22.e. ...Vs ..a.ai 414-4 4.k lwa41 ITI (((2O02W6 (p C FOR COW INOAT ON SEE 03.1.01 4 1 n 10 io NWOOO RO AO PROFILE • PERNWOOD ROAD NOTES 16.1000. xxau IXttEM MAi4 t. LEGEND toAAN 4444. 404444 AA FRNMEORTIESEI === D -t- GRADING ANO DRAINAGE PLAN FERNW000 ROAD ErCLINNWrI N 0 20 40 60 VILLAGE OF KEY BISCAYNE CIVIC CENTER N<Y 011//404. Fbntb Spina Candela Oulu w.« utonNsa ON IN 01.0.. 03.1.04 NOTES of iopecios Woxxxxex �P Vuio°,u'ye 1 and,* n OI VILLAGE O€ KEY BISCAYNE CIVIC. CENTER NeY p.atal riotw LEGEND z off[ RD n°..° o n u$� : Yy' 3 a, RNWO00 -£ 42141 ae,. DOD ., J I Dolutm xi , .. �— , a. �Ai 11 ro .�.- N 9�C�p. dill \ n • ...t... m L_ 1 hµ 10 Mei ino N4 T __ • l . 141 � 4 �., , , ..ne ro .,a no ,vu° uau, -- 0.J_ my - r: II' 12 ,.°° 'C3,1.05—• PROFILE - EEANW04D ROAD ... -. .. .. - ... — FERNE AND QRAINAGE PLAN - ,- ....e.. e.a .. w....yr,iw,.,.ssx 'CN LINE . STA (W 0 ON IINUATION SEE C3.I.04 41101 MX11 IM.Md eeMml nrz+ adaddd dekartl..ode. nnude.nodidaldtdadldfdt Orville rr.0 tnr r unfurl N.1 CM .0 ew.a 040(0 mm, vei lidemcd Wen. YY 9gr.N LEGEND !MU. IC llno, 1 —Al EIRCO2=031 Nrem3>a 3 BBNANEKINO EMESOMN yparmv MATCH LINE OR. 9.00 FOR. CONTINUATION SEE 03.1.01 NOTES 1. SII IN1orwl,oe aµ0.0d. mw��r e.. r ORD. J..10110 D 00040 Opt:Pitt° 0 nalag4wu b IN Wood 5014110 - NIP Ve4 OM. NI I.Gv u. 5F -MC 0005RE SIRE 0 GALENee1DRIVE. GRADING AND DRAINAGE PLAN WEST MC INTYRE STREET N 9 ENd a 40 0'0 VILLAGE OF KEY BISCAYNE CIVIC CENTER Xe1 Olvoy0. llw'de saWl. Candela 01114 03.1.06 dm: Radom r<. liCene a) 415 _ L eororto in n 0i/tip nbE u e SI 1 PROE ILE WEST ENID DRIVE___ RROI'ILE WEST aR' INTYRE STREET p�7EST-K.KIACt tYRE ST3E r tEPIAN nor, ,. .. VIV:ABE :BC KEY BISC"AYNE CIVIC: CERTER Key.60001M fkddo spJlhe'EroEgi..601R. wt rRAWING I' C 4.1,01 4.00Al10N PLAN 14 0 00 110 DRAWING C4.1.05 DRAWING C4.1 02 DRAWING C4.1.03 VILLAGE OF KEY NISCAYNE CIVIC CENTER Key Bhenlne, rKKkle Sp11111 Code. NM M+^ 111110 cum...km gee fry Of title! 4440 la NOES pv �4µxlt[ss u0 9M[i+[. vlllf *8 Dr • Ott M+w++s tl•rt tV M IWO., [ W la rtli. LEGEND nenu tW U OKr.U•, �ut� eMgll ewCnn.flt WO.[ <Dom.( E„ rematam MATCH LINE • STA 11+00 FOA,_CONiINUA104 SCE C.1,2 04 16,1 1 1 J�pxc v+en�nLs� , 0 O a10 T" } O_ i�Jro U DE R UND NUTIILLII IES PLAN VILLAGE GL KEY BISCAYNE CIVIC CENTER Key. OAidpW, FgIa SP)1111 Dandfle 1M114 l+`.N109.01 C4.1,01 NOTES MATCH LINE SIA. 4.40 FOR CON 'NUM ION SEE C4.1.03 VILLAGE OF KEY BISCAYNE CIVIC CENTER Key OC[Lyz, ria spina Lnndeh 01111 101 W4044 md�W *WWI' nafWxbpfrv+,+'ueimxixmr[� mu, m ew mzz Neien 4w,"tm Wl , re�—�Our� Thrum. ixere m f4 our xt n�E� utQ LEGEND MI( MONO 10.M000, wnw C'= CaKlittt 044001 UM lit .m n pa !o. Mt c az..Mit Zit 0.1 tkid IIMNENATIZI UNDERGROUND U iIL ME 5 PLAN VILLAGE GREEN WAY Enocorel 0 30 40 60 LEGEND 2— EZVEZZEM fue NOIES SIR Y 111 RPS.uoelxx.ER tt MC os11011 OPT.. MO% tn ink ulna IL C111.0 fig IN gg6ERER9LIND UTILILIEi PLAN VJL"LA REEN WAY 20 40 60 VILLAGE Of KEY BISCAYNE CIVIC CENTER ' Nty Bsiayntfkodo eN111ltx. gma ideb 04w1N ew+ Cwt"+uY:o MA CH NE • SIA.IF00 FOR CONIINUAIION SEE 04.1.01 r-i I 1c 9 --CERNWOOD ROADL`a0 Cl NOTES • 4..4 or wu Nom..Ayxrr..od LEGEND orna:,n E._ MUUNICATL011 MI MOM( tyCl 01. PIAIMMING UNDERGROUND UTILITIES PLAN FERNW000 ROAD E f 0 20 40 60 T VILLAGE OF KEY BISCAYNE CIVIC CENTER xer BOAane,eama BpB(n Ginn. Minx NOTES 000.510nm "000 urn *AL OWPA 30 piri auijn 1po'e Wye LEGEND Oise, 4aey UNOEI3GROUNO UTILITIES PLAN FEIEWY000 ROAD Irtsinsami 20 90 50 VILLAGE RE KEY OISCAYNE CIVIC CENTER Key Oseoyne,fluiJa SpllpN {Ankh 011111 C4.1.05 TUN NUATI• i 64 •tl 'C -41 -Go GFTIf1IlAi10q SEE CJ LOa LEGEND .v. {MINI le.mn: plugs we41(11n POI LIMA {Oa Wm FEsigysk RJI 1: ..0. FOR CONTINUATION SCE9 C41. 01 NOTES 1:1( imonv iti, 'motto Itot Su?xlr er Ixlleot uo x[. ua oplW?oe o Ott MM MU Olt ogOrIVAlrt MT !1 N(a3l.wdfl3i x("OII(1 NOW. ANN N 3393(131/'100 MOWN.>Ilnlu: I 1N 1' tw,l u u:00 Mul.nry M II, q d IMA M 300 N'MVO Ir I.:m0t: MOT Ile 031 /At o&N touNO0Ne 13( 31166 POMO Or ':[(0:3010 (01: I. 41111WITOP6 01 1/l wily JO 1e p1 eu00Iu.mo.i 9aa Is po UNDERGROUND UTIL1T ES PLAN EST MG INTYRE STREET 20 40 610 /Ij 1 GALEN/ 03160E VILLAGE OE KEY BISCAYNE CIVIC CENTER Xt0 030(30?, Norio Sp0'VICandela c ,0 111 swift Palm,* 640301. Room .11S5 NOTES tYt a a s..m,°..66. .a, gst Node gfla4Mnv.•• 0..m rwlwlx' ocodar owns Mp an'Atldn, IL- u LEGEND om:.o,e "nsm 0.1(vkr II mn smi,r.. : u 3iab3x37�''d —1 TA Nth Ntigrt eMr ems NO u - .-ELECTRICAL. TELEPHONE. AND: ORMUNICATIONS PLAN VILLAGE GREEN WAY o 20 40 60 VILLAGE OF KEY 8!SCAYNE CIVIC CENTER Key 06toy4.6100616 spina ceeiel. DON u e—c.y DRAWING c5 I DZ JON"PLAN ao . �{ '��� l0 VILLAGE OF KEY BISCAY[ E{ CIVIC CENTER:„ 6w[o rw urr. NOTES o m diNry *MC ,: �1 :f1 .00C1` ttAl comannom n0 .Kla o,., " , '. t.el ttOle. or 'Wet ow., a mnum 1 id m„e. ului, *suiemv4e. w... eriziregirclaeihrtO LEGEND G-_ -:7 tAVIWNII (MOR:{ PANE* CPS atC1110, Ins mi.text 001 I., A./ Az/Arsra Esmasma -- MATCH 1NE • STA 11.00 FOR. GON11NDAI ON SE CS,j.O ,.,its— — a.::: -- ELECTRICAL, TELEPHONE AND COMMUNICATIONS PLAN VILLAGE GREEN WAY l VILLAGE OF KEY BISCAYNE CIVIC CENTER Key Emma,* Spuu,Cue9. MUM Ant rik I lc PeleSare Gfm. 4mrr:u.:)sfr twn+w.wr INYwI:;: MALCH NC 5 A. 11 0 FOR CONTI UAtIDN SE 05.1.01 NOTES lilt 111100.111.0. 01100E0 19014 sorer at roma 00000.013 ANO 110001 111e.113111 /011113 %MO. ua s.w.iw ,n+a"u MP' M 0 4 ate:; " unarm a<`1e1K taclicy0Euture. .1.0, w/001/0 0, m00.0, tar itaauctoas tax. • RI WW1. 10/0110 lif.PlUrvw ULM, 0E1101 LEGEND .10 minor 10,.11 n0 ELECTRICAL, TELEPHONE. AND COMMUNICATIONS PLAN FERNY! 000 ROAD L,imit.ei It 0 0 20 40 SO VILLAGE OF KEY BISCAYN, CIVIC CENTEF Ner Maynerarde 3riUI: Candela 01100 AC title ,utnea ,100 no, . ;" a;; R n lIN( )5 `bNTINUAppp SFE—Dr'i01� Li VILLAGE Of KEY BISCAYNE CIVIC CENTER Key Bu [eyrie. rMlaa t LEGEND MPTERMELLIMIT It= IAECH LINE • TA 9.00 CONTINUATION SEE C5.1.01 !TYRE STREET NOTES aIwa11m• a I EC0R1CAL. TELEPHONE. NO' COMMUNICATION$' PLAN WEST 00 INTYRE STREET rsEL"R•R-r1 o 40 Sp11GS Candela YNIII wmv UM mks ..e. aa,aoe: atM..u'1 FOR `36Yfl1° nmam..x Enq JAM 14 °m WE7i_MG JN1YRE STREET! Q RANOON BOULEVARD 10 VILLAGE GREEN WAYI }rws ACGMih" ilEge ZAMO" Al LiAEAOU Big 1- one WE% Si WEST MG IN Vf RL STREET l VILLAGE, GREEN WAY TO Ef.RN14000 ROAD) on un dY'Yk— A,. le NORM I iii „+n,, an ,..IxIAO,..n:� VW .aC I.a VILLAGE CRCEN WAY (WEST MC 1NTYRF'S-REE1 TO CIRCLET It I to I dAM L ow, os ` rCAM VILLAGE GREEN WAY (WEST ENIO DRIVE TO NEQT MC INTYRE STREET). g" CURB CONCRETE PAYEME NT JOINT eetsts1 PAVER SECTION Pun esihs NANOICAP PARKIN° SIGN WES .I. All Oki r n, AT10N 7R 2. vnitEy` IEF `EO[ N cot AND GUTT VILLAGE OF , KEY BISCAYNE CIVIC CENTER Me[ BlsiajM now soiil�.* hh°:Ip 1111111 DETAILS. -. kw R IF. „4, !'a w 0 YRE STREEF Elpipm •119 1. ,n. "Wit-46. WATER MAIN PLAN SCALE Mr 20' NOTES er:�J.nwli°yur��oaro r J6o-s ammn wa SAS mao Op IN rte X' ' i Vwu:p,KNntetAteO.memo Infer 'aY[ :o aWRVry lu 0R11"(01 a KJw tote 'teeth .::[ v141d riJ#perv:A ati :w dNAtLL.w: m l Atria JMJ. Arrli ✓Nn Nse .NiM:tl:OWIY gForAit ix(purr:uN S. Wry. a. 101 eatilar "° _.nt.7 fig, 6 y.. Y/ 3 Ynrin4 aA,.,2-- WATER MAIN PROFILE 0116e- lenem met VILLAGE OF KEY BISCAYNE CIVIC CENTER Ir3r Oismrrc,ikdEO $pR11+Gnmla GN:N C6-1.03 STANDARD R[OUI R E MIE NT5 YLAJER AND SEWER CONSTRUCTION (05 0.51 nrtlut,MIxq *0004 I xit IAL[[lwull[> 11441 ,( 0wl[nrx 1 ;N MOm4[v[x11 Or AR yunaa[rnl(A in 041,14441 u0� fxu,1[oxl0ev 611810u0.01,e tO[Wrtl,wrt ,544„111 Ov m 4104411,(0x000507,1015 v,t(005. a. +.71 Nil a., 011x1, 0. (674* uU uld 0045 Wilt l[!"60'4,x, „AU 010 INK 001111x011 l[ M1utl4 COMPUTE mix 1' 44,04 fine uoO x01. S mot 100006'45w0nit w.l 744in 550040 rrt<ru r[t 5x01, B[u5rn1[O e0v0,(1 r. ALL „Mrau(WI Stint( ryft r 044410411 A, m 06 u x44[ , 5. anin5;510 Itlut Oe[(O05utnite ,[[a0p 10010144 Ouu a[xl finnan 1 0nM [ 041. 00141 et et n1.11.(0 et in s „lip in 001[60 Oten4vbi S .rvt1 1. nit 001447 KOUTENEN15 Oluipaut tektiONFru4141 an 405( nt.1106€1 et, Of fisel„.0 41,14.0401 t [ +451[40 nwuP 45rl[tp0 wuiw l0 Y„,„ 0141 , l0(tt07[u 10,704,10 ,7,57 rgamOtrm.msl4i On an witch 0„11,51 1 11, 0440470(4? 44 0 5 01.11 nt 014414441 074 Thus Dimiwtep, 041 Inn 7w0i.wIIw ix 0 ]0 4e44R,r[( „Tx 1101 1001 nerohn infra 1,11 1 tv5IN et lin Of rainivi „1., ut(40(!0(0 o 01011.x1 !xe 00„4,1 x0 i1 r[w140u5wR Ois, 14,14411*it,111 41[011 eft Or . 1 (w 401411 ! 0+44.0. [44x111 .,t 5 i0 el 4141or 6, ii0011 1.11(4 Ron MN ['W110 A1 LOOlto O0inSnto tao el 010 nt CO !x4,0(00 Rt44 utlw�l4404SunOS 00415] 1'10 00101.! (OA 04n0R 010500101100005 lei **swum of King moue Jo 014 COM„1.0111 COW 10 Nrurwa 404x1 7 140 [[ u4111pr04%t'O�nnrt [ ots 10140 0014,4;0 Moil, Al 11r10lvatO,OapO(S Inr 1014 iiiiatzo IA, runt. 0114/4440 00 1. 00 PWuu 4471tot, (44 LI „MS 440074640. sit 1051! [105 01010 vt4 Or towel�trr 41141/110 o.0�wt., 5`601 int tl( rt41w*t07s,0 o0( condign If b•10tiplul4m 4144100 1ldr foI01(001 14ptn094n. WATER "AS^BUILT" RE UIR EMTNTS 1 $) 1 014 e0vP1 [n0xa0r ,xr rt rxl x60444, D. kW 11511 1 It 5[1114 rPuit 05 4rOur�[texert lr 01[x4. rtx l 41.4. ati 44'014114 44;x0 on, WP'0IUPt¢ R6. MIMEO 0(11 WITH O. tT (oi • x14411 100 r 01r4lrxw5M1,0l SII14 Pe0r t 'r r4 14�1.� 1. 21Alin ni4 51.11,410 „}e 01„.„1 PiCrantt nun HI An 10 po To En OF AT ct of pi„ ID P I 1 WOW. ' 1. PPPPP nl Pl W 0(70(uuix r 0 St 5inj n rL giro 47044x10 AA .x in 44 or smite ur 44x1te Wit, in o um or Pr Oe 0101114,1 0 x 5 III a[ l0. eu 4* r1 1rr4xno ee r 41100114 rrmr TO MPwuw pl0unu0t L71 t 011401(000 01.11A:104 ply or voi DADE COUNTY HEALTH DEPARTMENT NOTES Won A 0141 0! uyo 0604,605;4 LEGEND r 1 E' P 61.6 WiWWWWWODS d'r l Si VILLAGE OF KEY BISCAYNE CIVIC CENTER NeY 51470ynryjbri00 Spills Candela Bind NOTES A 045{70(!0(7 06.. .04 , DRAWING ct.i.05.: LOCATION PLAN DRAWING DRAWING C7 1.03 VILLAGE OF KEY BISCAYNE CIVIC CENTER nsr82mrne. flw. so�nrc c.ndI Dula MAT H LINE 1 STA 100 FOR,,DDEINDAT ON. SEE C,T,04 id la Pie e%e( Ialu[i 1101 MD COMM 11 1[u M11,6 MEMEMEgi Staffla LEGEND NOTES Ho nnnc o.nam Go 1,[1e[1 beta .11. TRAFFIC MARKING PLAN VILLAGE GREEN WAY ® S I 11 0 10 GO GO VILLAGE OF KEY BISCAYNE CIVIC CENTER Rey Blscoo...Rama 001ll5 fanbele INN 0310 10 AGYOuSt01M C7.1.01 AraT11 1.1.111.1 1relons. o. 4Fva11w 1315 1lMne nn0F 1%Su NOTES fin Opu.,asi 011,0 Dew Li[r 'LEGEND V' POW' 11 -.r4—t1. ran H LIN ON INUATI0 14 .10 EE C1.1.03 TR.A€ELG MARKING PLAN VILLAGEGREEN WAY EnErl VILLAGE OF KEY BISCAYNE CIVIC CENTER Key 9Pmme. FIOka Spirt tenuela OYIM C7,1.0i VILLAGE OF KEY BISCAYNE CIVIC CENTER Key &ueymlprdo NOIES 14101.1.0x 00141mte fit. 'AYH er LEGEND X1411110 le It oe.n) L taRBIEIMEN Ce* Pigit w1.!)' MUM= CONYM 114 I. — 000¢i a oa.°. nt TRAFFIC MARKING PLAN VILLAGE GREEN WAY x o E-t61d ' 0 40 slo Spnis 0,0*1± MN MI 004113. LANYISI wenr rr.ewi C7.1.03 tat ems:<. Mt 3615iq�"`... w..• mivn.eu .f. O O y (0 ' ¢ a ., Vii . d -ESL i x •S 9A'I'L3 33S NOILYOm1Np� kOJ 00.51 V AS • 3NI1 • l io OR MAICCHCONTINLINE . STkflPq I3 00 6ATI0u SEE 07 OA NOTES I Mt 000144104 on. . Bonn ,n ,m e, 1140414101444 w.,„.<.,.e. Baia MATCH LINE r IA 900 FOR CONTINUATION SEE C701. 01 .,U1P COMET, SIOCitor k cannOc okra Fog. Agin Mattlt 144041M to LEGEND IMIDETEBSAEMB nn n RAFE IC MARKING PLAN WEST NE INTYRE STREET lir N 0 20 40 GO GALEN DRIVE VILLAGE OF KEY BISCAYNE CIVIC CENTER Key elseryne, Florida swine Linde!. MN ueo foe <.e. 4ono? tut: 07.1.05 104 Rt 0Atm Pi bintir 1.4044 114:11591 144044 004tv 101:,,).:110 VILLAGE OF KEY BISCAYNE CIVIC CENTER Ney BiyoynefMGo SpOle<.eddi ONLY II II I I I a'x rr�er'5/1:a i n°k'e� afe k 'ta.t16 ..:C&s)1101 k.epf ;aifn. e OETAIL "A" 08.1,01 TRAFFIC{AIAII¢TCNANCE PLAN N 0 BYd 240 VILLAGE OF KEY BISCAYNE CIVIC CENTER FIY R ;0y0E FIwide SprIlii Candela ONLY CB.1.02 TRAFFIC MAIM ENANCE PLAN 00 0 n nn 120 VILLAGE OF KEY OISCAYNE CIVIC CENTER x<v WeCOYM. rwwe spoUc Geyie PRIM exam ao,:,M rhat 2311. him 0,41,14 n... `...:ap11.1 ZIA eaw C8.1.03 uwxm.n* 1a.nnm VILLAGE Of KEY BISCAYNE CIVIC CENTER Key Bnmme. RonM Splllls Candela Ulllll "PHASE 2" PLAN Prs-1 1 • ] 50'x U 14•14,0 v nn m.p'. wah^+ Mrn041w +i41iNSN D9141.wkri;0 Aix b31N34 31A13 3N&V SI 8. A3N. 04 32YilIA NVId .£ 3SVHd.: RESOLUTION NO. 2002-8 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; RECOGNIZING THE HEART DISEASE AND HYPERTENSION PRESUMPTION FOR SWORN LAW ENFORCEMENT OFFICERS; PROVIDING FOR AN EI''N'LCTIVE DATE. WHEREAS, this Council wishes to provide the Village of Key Biscayne sworn law enforcement officers with the protection of workers' compensation benefits which could arise from a presumption that heart disease and hypertension are accidental and suffered in the line of duty. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, THAT: Section 1. This Council hereby recognized and adopts the presumption as provided for firefighters in Florida Statute 112.18 that heart disease or hypertension shall be presumed to be accidental and suffered in the line of duty and directs that said presumption shall be applied to the evaluation and determination of workers' compensation claims of sworn law enforcement officers employed by the Village of Key Biscayne as to all accidents arising on or after (DATE). This presumption shall be subject to the conditions and limitations provided in Section 112.18, Florida Statutes. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 12th day of February 2002. C • CHITA H. ALVAREZ, CMC, VILLAGE C APPROVED AS TO FORM AND LEGAL SUFFI RICHARD JAY WEISS, VILLAGE ATTORNEY MAYOR JOE I. RASCO T\ RESOLUTION NO. 2002-7 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO PURCHASE TWO 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 authorized to purchase two new police vehicles in the amount of $65,770.00. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 12th day of February 2002. /a, A H. ALVAREZ, CMC, VILLAGE CI .F APPROVED AS TO FORM AND LEGAL SUFFICIEN RIC JAY WEI SS, VILLAGE ATTORNEY rTh MAYOR JOE I. RASCO RESOLUTION NO. 2002-6 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO APPROVE THE ATTACHED AGREEMENT ON BEHALF OF THE VILLAGE WITH RACHLIN, COHEN & HOLTZ, LLP FOR AUDITING SERVICES; PROVIDING FOR AN EIi'FECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE AS FOLLOWS: Section 1. Rachlin, Cohen & Holtz, LI.P will audit the general purpose financial statements of the Village as of and for the fiscal years ended September 20, 2002. Section 2. That the objective is to provide management with reasonable, but not absolute, assurance that assets are safeguarded against loss from unauthorized use of disposition, that transactions are executed in accordance with management's authorization and recorded properly to permit the preparation of general purpose financial statements in accordance with generally accepted accounting principles. Section 3. That the Village Manager is hereby authorized to execute the attached Agreement, on behalf of the Village, with Rachlin Cohen & Holtz, If P, Certified Public Accountants & Consultants in a letter dated Section 4. That the Agreement, in 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 on the Village and are authorized to take any and all action necessary to immediately implement all of the purposes and intent of this Resolution and attached Agreement and are authorized to make revisions to such agreement as are deemed necessary and proper for the best interests of the Village. Section 5. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this I2th dayof February , 2002. CO CHITA H. ALVAREZ, CMC, VILLAGE APPROVED AS TO FORM AND I.FGAL S RICHARD JAY WEISS, VILLAGE ATTORNEY MAYOR JOE L RASCO . 02/07/2002 10:57 3053776331 RACHLIN COHEN HOLTZ PAGE 02 Rachlin Cohen & Holtz LLr Certified Public Accountants & Consultants February 5, 2002 Mr. Sam Kissinger, Village Manager Village of Key Biscayne 85 West McIntyre Street Key Biscayne, Florida 33149 Dear Sam: We are pre -d to confirm our understanding of the services we are to provide to the Village of Key Biscayne, Florifa (the Village) for the year ended September 30, 2002. We will audit the financial statements of the Village as of and for the year ended September 30, 2002. We understand that the financial statements will be presented in accordance with the financial reporting model in effect prior to that described in GASB Statement No. 34. Also, the document we submit to you will include the following additional information that will be subjected to the auditing procedures applied in our audit of the general purpose financial statements: 1. Schedule of expenditures of state financial assistance. Audit Objectives The objective of our audit is the expression of an opinion as to whether your financial statements are fairly presented, in all material respects, in conformity with accounting principles generally accepted in the United States and to report on the fairness of the additional information referred to in the first paragraph when considered in relation to the financial statements taken as a whole. The objective also includes repotting on - • Internal control related to the financial statements and compliance with laws, regulations, and the provisions of contracts or grant agreements, noncompliance with which could have a material effect on the financial statements in accordance with Government Auditing Standards. • Internal control related to major programs and an opinion (or disclaimer of opinion) on compliance with laws, regulations, and the provisions of contracts or grant agreements that could have a directand material effect on each major program in accordance with the Florida Single Audit Aetand Chapter 10.550, Rules of the Auditor General. The reports on internal control and compliance will each include a statement that the report is intended for the information and use of the Village Council, management, specific legislative or regulatory bodies, state awarding agencies, and if applicable, pass -through entities. Our audit will be conducted in accordance with auditing standards generally accepted in the United States, the standards for financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States; the Florida Single Audit Act and Chapter 10.550, Rules of the Auditor General, and will include tests of accounting records, a determination of major program(s) in accordance with the Florida Single Audit Act, and other procedures we consider necessary to enable us to One Southeast Third Avenue, Tenth Floor, Miami, Florida 33131 • Tel 305-377-4228 • Fax 305-377-8331 Offices in: Miami • Ft. Lauderdale • Boca Raton • West Palm Beach • Stuart . • wwwschcpazom -• -- ..... Member or Suntan International Ao(iscs. Inc. 4th Aires lit pemnp4�<itksehrougfniut the world Member 01 IhrAmerican Instiluk Pi C:aliIkd Public Attnunlm6 and member alike rindd. Iwmtirvlr of Certified Public Accountants " Ozt 7121162 It 7 3053778331- RACHLIN COHEN HOLTZ PAGE 03 Rachlin Cohen gr Foltz ttr Certified Public Atcouatantstk Consultants Mr. Sant Kissinger, Village Manager Village of Key Biscayne February 5, 2002 Page 2 express such an opinion and to render the required reports. If our opinion on the financial statements or the Single Audit compliance opinion is other than unqualified, we will fully discuss the reasons with you in advance. If, for any reason, we are unable to complete the audit or are unable to form or have not formed an opinion, we may decline to express an opinion or to issue a report as a result of this engagement Management $caponalbp(ties. Management is responsible for establishing and maintainiog,internal control and for compliance with the provisions of contracts, agreements, and grants. In fulfilling this responsibility, estimates and judgments by management are required to assess the expected benefits and related costs of the controls. The objectives of internal control are to provide, management with:reasonable, but not absolute, assurance that assets are safeguarded against foss from unauthorized use or disposition, that transactions are executed in accordance with management's authorizations and recorded properly to permit the preparation of financial statements in accordance with generally accepted accounting principles, and that federal award programs are managed in compliance with applicable laws and, regulations and the provisions of contracts and grant agreements. Management is responsible for making all financial records" and related information; available to us. We understand'tttat you will provide us with Such information' required for nur audit and that you are responsible for the accuracy and completeness of that information. We will advise you about appropriate accounting prmoi ples and their' application and will assist m fin e preparation afiyoar ancial statements, including the achedule=ofexpendiitrires efState financial assist sce, butthe responsibility forthe "financial statements rmains" with you. That respoinsibility`includes the tstabltshtnent and'r iritenancetof adequate records and -effective tnt'etnai,''een d'Vel financial .repo ting and 'compliance; the. Selection and application of accounting ;principle!, and the safeguarding, of assets. Management is responsible for adjustingtdhd"ltiancial statements, to correct material nnissta'teinentst'ai4 for conirmingrta us in the representationdetterthat the effects of any��a ncotrectedtr'isslffiserrientsl atedi rby us during the current engagent t and 'pertainingto`+theIatestiperiod presented are imtnate both indti tbpa'Iy $14d rn the aggregate, to the financial statementsntalcen as a ales AddittottaINS, reqUired Illy,the:FloridaSingle Audit Act, it is management's responsibility to follow' up act take corrective action on reported audit fnadir�gs anilt oprepare a,sumri!erysched�leofprtbrAW14.findingsandtaicgrreetn+a Wien ,plan. AuditTrocedttres -General An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements; therefore, our audit will involve judgment about the number of transactions to be examined and the areas to be tested. We will plan and; perform the audit to obtain reasonable rather than absolute' assurance about Whether the financial statements are-' free of material misstatement, whether caused 'by error or fraud. :As-required.by'`the Floridai Single Audit Act,; our audit will include test of One Soatheas$ThirdAvenut,Tenth Floor, Miair,florida33131 " Tei305-37-4228," fax 305.377" 331 Offices ms Miami " Ft Lauderdale " . Boca Raton " West Palm Beath " Stuart wwut htpasom _ Mtmaee ofSvmmil btermlimatUsaaatne bsr-snt /AminpaupalCNlp thmupbyul/hcwoW ... Memba ofei*Americardraitut oCertified MlkAwn/minis and membero4Mencllda th5tIM of Cab'l, droblic Accotmunn, 0 02/07/2002 10:57 3053778331 RACHLIN COHEN HOLTZ PAGE, 04 Mr. Sam Kissinger, Village Manager Village of Key Biscayne February 5, 2002 Page 3 transactions related to major state financial assistance programs for compliance with applicable laws and regulations and the provisions of contracts and grant agreements. Because an audit is designed to provide reasonable, but not absolute assurance and because we will not perform a detailed examination of all transactions, there is a risk that material misstatements (whether caused by errors or fraud), illegal acts, or noncompliance may exist and not be detected by us. In addition, an audit is not designed to detect immaterial misstatements, immaterial illegal acts, or illegal acts that do not have a direct effect on the financial statements or major programs. However, we will inform, you of any material errors that come to our attention and any fraud that comes to our attention. We will also inform you of any illegal acts that come to our attention, unless clearly inconsequential. We will include such matters in the reports required for a Single Audit. Our responsibility as auditors is limited to the period covered by our audit and does not extend to matters that might arise during any later periods for which we are not engaged as auditors. Our procedures will include tests of documentary evidence supporting the transactions recorded in the accounts, and may include tests of the physical existence of inventories, and direct confirmation of receivables and certain other assets and liabilities by correspondence with selected individuals, creditors, and financial institutions. We will request written representations from your attorneys as part of the engagement, and they may bill you for responding to this inquiry. At the conclusion of our audit, we will also require certain written representations from you about the financial statements and related matters. Audit Procedures -internal Controls In planning and performing our audit, we will consider the internal control sufficient to plan the audit in order to determine the nature, timing, and extent of our auditing procedures for the purpose of expressing our opinions on the Village of Key Biscayne's financial statements and on its compliance with requirements applicable to major programs. We will obtain an understanding of the design of the relevant controls and whether they have been placed in operation, and we will assess control risk: Tests of controls may be performed to test the effectiveness of certain controls that we consider relevant to preventing and detecting errors and fraud that are material to the financial statements and to preventing and detecting misstatements resulting from illegal acts and other noncompliance matters that have a direct and material effect on the financial statements. Tests of controls relative to the financial statements are required only if control risk is assessed below the maximum level. Our tests, if performed, will be less in scope than would be necessary to render an opinion on internal control and, accordingly, no opinion will be expressed in our report on internal control issued pursuant to Government Auditing Standards. As required by the Florida Single Audit Act, we will perform tests of controls to evaluate the effectiveness of the design and operation of controls that we consider relevant to preventing or detecting material noncompliance with compliance requirements applicable to each major federal award program. However, our tests will be less in scope than would be necessary to render an opinion' on those controls 02t07/2H02 10:57 305377B331t t RACHLIN COHEN HOLTZ PAGE 05 prat? IS I Mr. Sam Kissinger, Village Manager Village of Key Biscayne February 5, 2002 Page 4 and, accordingly, no opinion will be expressed in our report on internal +; control issued pursuant to the Florida Single Audit Act. An audit is not designed to provide, assurance on internal control or to identify; reportable conditions. However, we will inform the Village Council and management of any matters involving internal control and its operation, that we consider to be reportable conditions under standards established by the American Institute of Certified Public Accountants. Reportable conditions involve matters coming to our attention relating to significant deficiencies in the design or operation of the internal control that, in our judgment, could adversely affect the entity's ability to record, process, summarize, and report financial data 'consistent with theassertions of management in the financial statements. We will also inform, you of anynonreportahle conditions or other matters involving internal control, if any, as required by the Florida Single Audit Act and Chapter 10.550, Rules of the Auditor General: Audit Procedures -Compliance.; Our audit will be conducted in accordance with the standards referred to in the - section titled Audit Objectives. As part of obtaining reasonable assurance about whether the financial statements are free of material misstatement, we will performtests of, the Village's compliance with applicable laws .and regulations and the provisions of contracts and agreements, including grant agreements. However,the objective of those, procedures will not be to provide an opinion on overall contpliance•and we will not express such an opinion in our report on compliance issued pursuant to Government Auditing Standards. The Florida Single Audit Act and Chapter 10.550, Rules of the Auditor General requires that we also plan and perform the audit to obtain reasonable assurance about whether: the auditee has complied with applicable laws and regulations and the provisions of contracts and grant agreements applicable to major programs. Our procedures will consist ofthe applicable procedures described in the Florida Single Audit Act Compliance Supplement for the types, of.contpliance requirements that could have,agdirect and material effect each of the Village's, major pr,ogmams. The, purpose of those procedures will be to express art opinion,on.the Village's compliance wiithrequirements applicable to major programs in our report on compliance jssued pursuant; to the Florida„Single Audit Act and Chapter 10.550, Rules of the Auditor General. Audit Adm nreti?$ion We understatdit�at your employees will prepare all cash, accounts receivable, or other confirmations we request and• will' skate any invoices selected by us for testing. It is management respontibility to submit the reporting package including financial statements, schedule of expenditures of state financial assistance, summary schedule of prior audit findings, auditors' reports, and a corrective „action plan to the appropriate state agencies and to the Auditor General of the State of 02/0'7/2002 10:57 3053778331 RACHLIN COHEN HOLTZ PAGE 06 Mr. Sam Kissinger, Village Manager Village of Key Biscayne February 5, 2002 Page 5 Florida. The reporting package must be submitted within the earlier of 45 days after receipt of the auditors' reports or twelve months after the end of the audit period. The workpapers for this engagement are the property of Raoblin Cohen & Holtz LLP and constitute confidential ,information. However, we may be requested to make certain workpapers available to certain regulatory or grantor agencies pursuant to authority given to it by law or regulation. If requested, access to such workpapers will be provided under the supervision of Racblin Cohen & Holtz LLP personnel. Furthermore, upon request, we may provide photocopies of selected workpapers to certain regulatory or grantor agencies. The regulatory or grantor agencies may intend, or decide, to distribute the photocopies or information contained therein to others, including other governmental agencies. Our fee for these services will be at our standard hourly rates plus out-of-pocket costs if any. Our fees for these services will be $42,500 ($37,500 for the audit of the general purpose financial statements and $5,000 for the Florida Single Audit Act). This fee is the same as the prior year. Our standard hourly rates vary according to the degree of responsibility involved and the experience level of the personnel assigned to your audit. Our invoices for these fees will be rendered as work progresses and are payable on presentation. In accordance with our firm policies, work may be suspended if your account becomes 30 days or more overdue and may not be resumed until your account is paid in full_ if we elect to terminate our services for nonpayment, our engagement will be deemed to have been completed even if we have not completed our report. You will be obligated to compensate us for all time expended and to reimburse us for all out-of-pocket costs through the date of termination. The above feeds based on anticipated cooperation from your personnel and the assumption that unexpected circumstances will not be encountered during the audit. If significant additional time is necessary, wewill discuss it with you and arrive at a new fee estimate before we incur the additional costs. Government Auditing Standards require that we provide you with a copy of our most recent quality control review report. Our 2001 peer review report accompanies this letter. This agreement may be extended at the option of the Village of Key Biscayne, Florida. The Village will be required to implement Governmental Accounting Standards Board Statement No. 34, Basic Financier! Statements — and Management's Discussion and Analysis — For State and Local Governments, for the fiscal year ending September 30, 2003. Your auditors need to be involved' in the implementation process. As a result, there will be consultation and communication between the Village and Rachlin Cohen & Holtz regarding implementation efforts. We estimate that fees for these services will range from $2,000 to $3,000 depending on the degree and nature of the consultation requested by the Village. Our fees for this engagement will be based on the number of hours at our standard billing rates required to perform these services. 84f> 71*992 T8:57 395377833 RACHLIN COHEN HOLTZ PAGE 07 Kill Mr. Sam Kissinger, Village Manager Village of Key Biscayne February 5, 2002 Page 6 We appreciate the opportunity to be of continued setviceyto the Village oP Key Biscayne, Florida and believe this letter accurately summarizes the signiti'cant terms of'out '`engagement. If you have any questions, please let us know, if you agree with the terms of our engagement as described in this letter, please sip :the enclosed copy and return it to us. Sincerely, . Jerry Chiocca, CPA Director Miami RESPONSE This letter Correctly sets forth the understanding of the Village of Key Biscayne, Florida. By: Title: Date: RESOLUTION 2002-5 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING A DONATION TO THE UNITED STATES DRUG ENFORCEMENT ADMINISTRATION SURVIVING FAMILIES; PROVIDING FOR AN EN'N'ECTIVE DATE. WHEREAS, our working relationship with the United States Drug Enforcement Administration has been very advantageous to the Village; and WHEREAS, we have seized substantial dollars in joint investigations and they have insured that our department receive our share or more of these seized assets. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, AS FOLLOWS: Section 1. That a donation of $1,000 be made to the United States Drug Enforcement Administration for surviving family members. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 12th day of February 2002. ST:z A H. ALVAREZ, CMC, VILLAG APPROVED AS TO FORM AND LEGAL S RICHARD JAY WEISS, VIII AGE ATTORNEY MAYOR JOE I. RASCO RESOLUTION NO. 2002-4 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; RELATING TO ETHICS; URGING LOCAL BUSINESSES AND THE KEY BISCAYNE CHAMBER OF COMMERCE THAT ALL OF ITS MEMBERS ADOPT THE MODEL CODE OF BUSINESS ETHICS AND REQUIRING ALL PERSONS TO ADOPT 1HE CODE OF ETHICS PRIOR TO OR AT THE TIME OF ENTERING INTO CONTRACTS WITH THE VILLAGE OF KEY BISCAYNE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Greater Miami Chamber of Commerce ("GMCC") has adopted a Model Code of Business Ethics; and WHEREAS, the Model Code, which is annexed to this resolution, is a statement of principles to guide decisions and actions based on respect for the importance of ethical business standards in the community; and WHEREAS, the GMCC encourages its members to adopt the principles and practices outlined in the Model Code; and WHEREAS, the Village Council of the Village of Key Biscayne believe that each person who does business with the Village should be required to adopt and to adhere to a Code of Business Ethics. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS: Section 1. Each person or entity that seeks to do business with the Village of Key Biscayne shall adopt a Code of Business Ethics ("Code") substantially similar in form and content as the GMCC model Code of Business Ethics, and submit the Code to the Village Manager prior to, or at the time of, execution of any contract between the contractor and the Village. Section 2. This resolution shall be effective immediately upon adoption. PASSED AND ADOPTED this 12th day of February 2002. MAYOR JOE i. RASCO A H. ALVAREZ, CMC, VILLAGE APPROVED AS TO FORM AND LEGAL SUFFI C��[ARD JAY WEISS, RI VILLAGE ATTORNEY RESOLUTION NO. 2002-3 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, ACCEPTING CONSTRUCTION OF PLAYING FIELDS AT 200 CRANDON BOULEVARD; RATIFYING ACCOMPLISHMENT OF CONSTRUCTION BY THE VILLAGE OF KEY BISCAYNE; AUTHORIZING WAIVER OF COMPETITIVE BIDDING; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village Council and the owner of property at 200 Crandon Boulevard have entered, in accordance with Resolution 2001-56 adopted by the Village Council on August 20, 2001, into a lease that permits the construction of playing fields and a parking lot on the subject property; and WHEREAS, on November 27, 2001, the Village Council authorized the waiver of bids for an amount of up to $30,000.00 for land clearing and site preparation work; and WHEREAS, the Village Manager and Public Works Supervisor have been able to utilize contractors to complete the site preparation work within the monetary limitations established by the Village Council, and additionally have been able to utilize the services of contractors for plumbing, electrical, field construction and installation, and paving, all at a cost to the Village which is less than those previously bid; and WHEREAS, the Village Manager and Public Works Supervisor have provided for the expeditious completion of the playing field and parking lot project (the "Project"), in accordance with Village Council priorities for the establishment of playing fields within the Village; and WHEREAS, extension of the waiver of competitive bidding from the initial site preparation work to the entire Project is in the best interest of the Village in accordance with Village Code Section 2-85. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. Recitals Adopted. The recitals stated above are hereby confirmed and adopted. Section 2. Competitive Bidding Waived. Pursuant to Section 2-85 of the Village Code, competitive bidding is hereby found to be impractical and is waived for parts of the Project, if E needed, described above. Section 3. Project Accepted. The Project is hereby accepted as completed and the actions of the Village Manager and Public Works Supervisor are hereby ratified and approved in the accomplishment of. the Project at a total price cost not to exceed $130,000 including the $30,000 previously authorized on November 27, 2001. The original bid was $178,000 Section 4. Authorization. That the Resolution is hereby approved and the Village Manager, the Village Clerk and the Village Attomey, in their respective capacitids are authorized and directed to carry out terms and conditions of this Resolution on behalf of the Village and are authorized to take any and all action necessary to immediately implement all of the purposes and intent of this Resolution. Section 5. Effective Date. That this Resolution shall be effective immediately from and after adoption hereof. PASSED AND ADOPTED this 29th day of January , 2002. CONCHITA H. ALVARF7, CMC VILLAGE C APPROVED AS TO FORM AND LEGAL SUFFI 103001kesolutionsvwepting construction of playing fields RICHARD JAY WEISS, VILLAGE ATTORNEY MAYOR; JOE I. RASCO RESOLUTION NO. 20024 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; APPROVING THE GUARANTEED MAXIMUM PRICE (GMP) AND AUTHORIZING THE. CONSTRUCTION OF PHASE 1 SITE AND SITE INFRASTRUCTURE WORK FOR THE CIVIC CENTER; PROVIDING THAT THE SPENDING AUTHORITY AS SET FORTH IN THE VILLAGE'S AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF MANAGEMENT SERVICES IS AMENDED TO CORRESPOND WITH THE GUARANTEED MAXIMUM PRICE OF THE SITE AND SITE INFRASTRUCTURE WORK; PROVIDING FOR AN EliFECTIVE DATE. WHEREAS, the Agreement between the Village and James A. Cummings Inc. provides for the establishment of a Guaranteed Maximum Price (GMP) for the Civic Center buildings and related infrastructure; and WHEREAS, James A. Cummings Inc. has submitted the GMP for Phase 1 of the Site and Site Infrastructure Work for the Civic Center. NOW, THEREFORE BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS: Section 1. Recitals. Each of the above recitals is adopted and confirmed Section 2. GMP. That the Guaranteed Maximum Price (GMP), as set forth in the attached January 24, 2002 report from James A. Cummings, Inc. of $801,660 for the Phase 1 Site and Site Infrastructure Work (the "Work") and $400,000 for Work that will be performed by the Village through Florida Power and Light is hereby approved. Section 3. GMP Plans. That the Guaranteed Maximum Price (GMP) for the Work referenced in Section 2 above is based on the attached plans (the "Plans") prepared by Spillis Candela DMJM for the Phase 1 Site and Site Infrastructure Work, which is hereby approved. Section 4. Construction Authorized. That the Village Manager is hereby directed to proceed with the Work as described in Section 2 and 3 above. Section 5. DMS Authority; Agreement Amended. That the spending authority asset forth in the Village's Agreement with the State of Florida Department of Management Services is hereby amended to correspond with the Guaranteed Maximum Price (GMP) for the above described Work in accordance with the contract amendments attached thereto. Section 6. Authority. That the Village Manager and the Village Attorney are authorized to take any and all action necessary to implement this Resolution. is Section 7. That this resolution shall take effect immediately upon adoption. PASSED AND ADOPTED, this 29th, day of January 2002. M1 1 F OR JOE L RASCO RICHARD JAY WEISS, VIT J AGE ATTORNEY APPROVED AS TO FORM AND LEGAL SUFFICIE Amendment No.: 2 AMENDMENT TO AGREEMENT BETWEEN CLIENT AND AGENT State Project No.: VKB-98069000 State Project Name and Location: TI-LES AMENDMENT Proposed Village Community Center, Village Fire Station, Police Station, and Administrative Office of the Village Village of Key Biscayne, Florida_ made this 29th clay of January in the year Two Thousand And Two By and Between Building Construction (BC), Department of Management Services, State of Florida, hereinafter called the Agent or BC, and Village of Key Biscayne 85 West McIntyre Street Key Biscayne, Florida 33149 Phone: (305) 365-5500 Fax (305) 365-8936 hereinafter called the Client or Owner. WTTNESSETH, that whereas the Agent and Client entered into Agreement on August 10, 1999 for implementing the above described project; that whereas on May 7th 2001, Amendment Number 1 was created to accept the Guaranteed Maximum Price for the Fire and Police Station, and the Agent and Client amended this Agreement to establish that Project Budget;. thatwhereas the Agent and Client now wish to further amend this Agreement to include funding in the amount of eight hundred one thousand and six hundred and sixty dollars ($801,660) for Phase 1 Site and Site. Infrastructure Work and that whereas this is the purpose of this Amendment and the work as approved by the Village Council and as set forth in Article 2 below. NOW THEREFORE, the Agent and Client, for the considerations hereinafter set forth, agree to amend the following Articles and Exhibits of the Agreement to read as follows: Article 2. The Project Budget is amended to include Phase 1 Site and Site Infrastructure Work in the amount of $801,660. The above work is further described and priced as set forth in the Guaranteed Maximum Price prepared by James A. Cummings and dated January 24, 2002 for the Phase 1 Site and Site Infrastructure Work. At CLIENT VILLAGE OF KEY'BISCAYNE, FLORIDA Village Attorney Village Clerk KTsY Village Manager Reviewed and Approved for Legal Form and Sufficiency; By AGENT DEPARTMENT OF MANAGEMENT SERVICES As Witnessed By By APPROVED: Garrett Blanton, Chief of Staff Approved As To Form And Legality:; By Office of General Counsel ' Department of Management Services Cummings General Contractors January 24, 2002 Village of Key Biscayne 85 West McIntyre Street Key Biscayne, Florida 33149 Attn: Mr. Sam Kissinger, Village Manager James A. Cummings: 3575 Northwest 53rd Si Fort Lauderdale, FL 33:: Phone: 954-733-421 Fax: 954-485-9686 Website: www.jamesacummmgs.. Re: Village Civic Center, Phase I Site & Site Infrastructure Work (Without FP&L Costs) Guaranteed Maximum Price Proposal - 100% Construction Documents Dear Mr. Kissinger, Our Guaranteed Maximum Price Proposal based on the 100% Construction Documents for the Village Civic Center, Phase I Site & Site Infrastructure Work is $1,743,479.00. Enclosed herewith please find the GMP Cost Summary, the List of Documents upon which this Estimate is based; the proposed Schedule and the Description of Work including the Qualifications and Clarifications. Very truly yours, JAMES A. COMM GS INC. I 7 Alan osti lum Chief Estimator cc: Jud Kurlancheek Ralph Martinez James A. Cummings William R. Derrer Michael F. Lanciault Rob Maphis Scott Pate Raul Lastra Nina Gladstone Roberto Lage Robert Currie 1 1 1 1 1 1 1 1 DIVISION 2 - SITEWORK (coned)` 02222 Excavating, Backliitling and Compacting for Utilities Asphaltic Concrete Paving 02514 Concrete Sidewalks, Curbs,. Curbs and Gutters, and Wheel Stops 02517 ` Solid Interlocking Concrete Pavers 02580 Pavement Marking 02660 Water Distribution 02720 Storm Drainage System OTHER DOCUMENTS Response to. Request for Information #PC002 JAC Date 08/17/01 JAC Date 08/I7/01 JAC Date 08/17/01 JAC Date 08/17/01 JAC Date 08/17/01 JAC Date 08/17/01 JAC Date 08/17/01 10/31/01 VILLAGE OF KEY BISCAYNE SITE & SITE INFRASTRUCTURE PHASE 1 ARCHITECT: SPILL'S CANDELA DMJM GMP PROPOSAL DATE: JANUARY 24, 2002 ADDED SITE & S1TE INFRASTRUCTURE WORK IN JANUARY REQUIRES A TIME EXTENSION TO THE PROJECT OF TWO AND A HALP MONTHS ITEM I SECTION PHASE 1 WITHOUT FP&L AND SOUTHERN BELL TOTAL AREA 102,000 SP DESCRIPTION LMATERIALJ LABOR 1 SUB J TOTAL SUBCONTRACTORS NAME 1 GRAND TOTAL, 1 6/SF GENERAL CONDITIONS 0 0 -' 0 - '0 - 0 0.00. SEE WINDOW 0 0 84,629 64,629 JAC 64,629 0.63 EXTEND PROJECT TWO AND A HALF MONTHS FOR INFRASTRUCTURE WOR 0 0 32,936 32,936 JAC 32,936 0.32 0 0 0 0 0 o.00 NOTE: WORK PROM CRANDON BLVD 195' WEST ALONG NORTH VILLAGE GREEN WAY IS NOT INCLUDED AND SHALL BE PROVIDED BY OTHERS 00320 (SPIL) SOIL INVESTIGATION DATA REPORT BY KLB 110 SPEC NO SPEC NO SPEC COORDINATION DRAWINGS FIELD ENGINEERING FINAL SURVEY OWNER ALLOWANCES • FURNISH/INSTALL COMPLETE 1. 011 -SITE LANDSCAPING/SOD/IRRIGATION 2. FOUNTAIN AT WEST MCINTYRE STREET 3, FEATURE COLUMNS -8. EACH 4; TRAFFIC CIRCLE ARCHITECTURAL ELEMENT 5. PARK GAZEBO 6, TREWS 7. ARCHITECTURAL PRECAST 8. MISC. SPECIALTIES 9, COMMUNICATION DUCT BANK$ BETWEEN ELDGS 10. POLICE SECURITY CONDUIT 11, FIRE SECURITY CONDUIT 12. FLORIDA POWER & LIGHT AND SOUTHERN BELL -NIC NO SPEC CONSTRUCTION PHOTOGRAPHS NO SPEC QUALITY CONTROL BY OWNER 2 NO SPEC MAINTENANCE OF TRAFFIC DRWGS. TEMPORARY FENCE DRWGS, BARRICADES DRWGS. PLASTIC DRUMS DRWGS. SIGNAGE DRWGS. WARNING LIGHTS & FLASHERS DRWGS. ALL SIGNAGE & BARRICADES PER P1301- SPEC MAINTENANCE OF SIGNAGE & BARRICADES 3 02050 (SPIL) DEMOLITION, REMOVALS AND RELOCATION 1.3 COORDINATION 1.4.A PROTECT EXISTING TO REMAIN B. ENVIORNMENTAL PROTECTION TRAFFIC MAINTENANCE FILL HOLES AND HAZARDOUS OPENINGS NIC NIC NIC - NIC NIC NIC NIC NIC NIC NIC NIC NIC NIC -NIC NIC NIC O 0 0 0 0 0 O 0 0 0 0 0 0 0 0 O 6,720 6,720 0 21,000 21,000 0 0 0 O 0 0 O 162,800 162,500 NIC NIC NIC NIC NIC NIC NIC NIC NIC NIC NIC NIC NIC +11C 34,61 34,61 19,46 19,46 67,20 67,20 NIC NIC IN GCS JAC/BALANCE INSITEWORK JAC/WAO. OWNERS ALLOWANCE NOT INCL./SEE BELOW NOT INCL./SEE. BELOW NOT INCL./SEE BELOW. NOT INGL/$EE"BELOW NOTINCLVSEE BELOW NOT INCL./SEE BELOW NOT INCL./SEE BELOW OWNERS ALLOWANCE OWNERS ALLOWANCE OWNERS ALLOWANCE NOT INCL./SEE BELOW INCLUDED INGENERAL CONDITIONS IBC. : BY OWNER INCLUDED IN EARTHWORK INCLUDED IN EARTHWORK INCLUDED 04 EARTHWORK INCLUDED IN EARTHWORK INCLupED INEARTHWORK INCLUDED IN EARTHWORK INCLUDED IN INCLUDED IN EARTHWO-[IJ( INCLUDED IN PHASE 25.3 INCLUDED 11.1 PHASE.2 * 3 INCLUDED IN PHASE 2 a 3 INCLUDED IN. PHASE, 2 & 3 INCLUDED IN PHASfl & 3 INCLUDED IN POSE 2 at 6,72 21,00 162,50 34,81 19,46 67,20 0.00 0.00 0.00 0,00 0.00 0.07 0.21 0.00 0100 1.69 0.00 O.00 0,00 0.00 0,00 0.00 0.00 0.34 0.19 0.65 0,00 0.00 0.00 0,00 0.00 0.00 0.00 9.00 0.o0 0d0 0A0, 0.0'0 0.00 0.00 0.00_.i'. 0.00' 0.00 0.00 0.00 0.00'_ VILLAGE OF KEY BISCAYNE SITE & SITE INFRASTRUCTURE PHASE 1 ARCHITECT: SPILL'S CANDELA DMJM GMP PROPOSAL DATE JANUARY 24 2002 ADDED SITE & SITE INFRASTRUCTURE WORK IN JANUARY REQUIRES A TIME EXTENSION TO THE PRO JECT OF TWO AND A HALF MONTHS ITEM PHASE 1 WITHOUT FP&L AND SOUTHERN BELL TOTAL AREA .402,000 SF, SECTION 3.5 3. 8 DRWGS. DRWOS, DRWGS. DRWGS. DRWGS, DRWOS. DRWGS. DRWGS, DRWGS, DRWGS. DESCRIPTION REMOVE MATERIALS AND DEBRIS FROM SITE SA LVABLE MATERIALS REMOVE EXISTING BANK/BUILDING DEPARTMENT BUILDING REMOVE EXISTING BLDG. @ SOUTH SIDE OF SITE REMOVE SITE WALLS & FOOTINGS REMOVE SIDEWALKS REMOVE FP&L LIGHT. POLES - NIC REMOVE FP&L POWER POLES & PULL BOXES - NIC RELOCATE FM POWER POLES & PULL BO XES • NIC SURFACE DEMOLITION SAWCUTTING EXISTING ASPHALT REMOVE ASPHALT SURFACE & BASE' 4 02220 (SPIL) EARTHWORK. 1,8. 8.1 PROTECT EXISTING STRUCTURES & PROPERTY .2 PROTECT EXISTING STREETS & SIDEWA LKS 3.2 LAYOUT AS - BOLTS 3,3 CLEARING 8, GRUBBING DRWGS. REMOVE EXISTING TREES DRW GS. RELOCATE EXISTING TREES 3,4,A REMOVE R DISPOSE OP SUR FACE UTTER & DEBRIS .5 STRIP & STOCKPILE TOPSOIL .0 REMOVE TOP 2' OF SOIL WITHIN CONSTRUCTION AREA DISPOSAL OP UNSUITABLE M ATERIAL 3.5 SITE FILLING & COMPA CTION .A PROOF R OLL CUT SURFACE 3.8 EXCAVATION FOR STRUCTURES 3.7 BACKFILL AND COMPACTING 3.8 DISPOSE OF EXCESS MATERIALS 3.9 DEWATERING(NO CONC. PLACED IN WATER) 3.10. TESTING BY OWNER 3,11 PREPARATION FOR TOPSO IL 5 02511 (SPIL) ASPHALTIC CONCR ETE PAVING 2.1 SUBGRADE STABILIZATION 12" 2.2 BASE COURSE LIM EROCK 8" 2.3 PRIM E & TACK COATS 2.4 ASPHALTIC CO NCRETE 1 1/2" TYPE S 3.2 TESTING BY OWNER PAVEMENT RESTORATION DRW GS. NEW MEDIAN CUT ATCRANDON BLVD. DRWGS. MO DIFY EXISTING MEDIAN CUT AT CRANDON BLVD. NO SPEC PORTLAND CEMENT CONCRETE PAVING 02514 (SPIL) CONC. SIDEWA LKS, CURBS, CURBS & G UTTERS & WHEEL STOPS 3.1 CONCRETE:91bEWALI(S 3.2 CURBS; .` .. MATERIAL 1 LABOR 1 SUB ] TOT AL I SUBCONT RACTORS NAME 340,96 340,98 INCLUDED IN PHASE 2 8 3 NONE SHOWN/ NONE INCLUDED INCLUDED IN PHASE 2 INCLUDED 114 PHASE 3 INCLUDED IN PHASE 2 INCLUDED IN PHASE 2 NI C..SY OWNER NIC- BY OWNER NIC- BY OWNER INCLUDED IN EARTHWORK INCLUDED IN EARTHWORK INCLUDED IN EARTHWORK MEGATRAN OR METRO/STONECIRCLE/ BONDED INCL INCL INCL INCL INCL NIC- BY OWNER INCL INCL INCL N OT INCLUDED INCL INCL INCLUDED IN OWNERS ALLOWANCE INCL INCL INCL NIC• BY OWNER INCL GRAND TOTAL . INCLUDED IN EARTHWORK INCLUDE D IN EARTHWORK INCLUDED IN EARTHWORK INCLUDED IN EARTHWORK INCLUDED IN EARTHWORK NIC•BYO WNER --.• .. INCLUDED IN ELECTRIC AL INCLUDED IN EARTHWORK INCLUDED IN EARTHWORK NONE SHOWN/ NONE INCLUDED INCLUDED IN EARTHWORK INCLUDED IN EARTH WORK INCLUDED IN EARTH WORK 340,98 318P; 0.00 0.00 0.00 0,00 0 .00 0.00 0,00 0.00 0,00 0,00 0.00 0.00 0.00 3 .34 0,00 0 .00 0.00 0 ,00 0 .00 0.00 0,00 0.00 0 .00 0 .00 0.00 D .00 0,00 0.00 0.00 0,00 0.00 0.00 0 ,00 0.00 0.00 0 .00 0 .00 0.00 0.00 0 .00 0.00 0.00 000 0.00 0 .00 0.00 SITE & SITE INFRA STRUCTURE PHASE "1 ARCHITECT: SPILLIS CANDELA. OMJM OMP PROPOSAL BATE: JANUARY 24, 2002 ADDED SITE & S14E INFRASTRUCii)RE'W`Rkk SECTION ) &OY,. 3.7 CURBS&GUTTERS'' 3. 4. .. TESTING BY OWNER DRW GS 6" CONCRETE BASE FOR PAVERS AT FIRESTA TION CURD C UT DRWGS 4" CONCRETE SIDEWALKS DRWGS 12" & 24" WIDE CONCRETE BANDS DRWGS CO LORED GOND, AT CURBS, GU TTERS, SIDEWA LKS & SANDS CU RB S AT TREE, GRATES SEE BITE CONCRETE WINDOW 02580 (SPIL) PAVEMENT MARKING 14 PER FOOT SPECIFICATIONS 3.5. SPARE PAINT NO SPEC SITE SIGNAGE NO SPEC. TRAFFIC SIGNALIZATIONr ITEM 6 02222 (SPIL) EXCAVATION, BACKFILLING AND COMPACTING FOR IITILITES 1.5.R+C PROTECT EXISTING UTILITIES, SIDEWALKS &' STR€ETS HAND EXCAVATION 3.1.A DEWATERING ,C REM OVEYINSATISFACTOR Y-SOIL 3. 5 TESTING BY OWNER 'i 02660: WATER DISTRIBUTION . '' 1;6,4.1- WATER METERS .2 TAP TO THE EXISTING LINES .0 M ETER DEPOSITS, & SERVICE CONNECTION CHARGES BY O WNER 2.1.A DUCTILE IRON WI CEMENT MORTAIII1MNG' 2. 2 JOINTS 2.3 FITTINGS & SPECIAL ITEM S 2.4 VALVES ,, 2.5 CAST IRON VALVE BOXES 2.6 FIRE HYDRANTS 2.7.A DISINFECTIQN 3. 2 COPPER PIPING FOR WATER SEhV ELiNtS 3'011 LESS 3.3 DUCTILE IRON PIPING FO R WATER §MRVTOE CINP5 4" QR LARGER 3,10 THRUST .BLOCKS 3. 11+15 TESTING BY CONTRACTOR #;. " 0.12+16 DISINFECTION'CONNECTTION TO �$IST.,V+A 3TEE MAINS BACKFLOW PREVENTORS & DDCV'S' DRWGS ADJUST EXISTING WATER METER VAULT DRW GS REM OVE E XISTIN G WA TER Mr.1r.R VAULTS DRWGS CAP EXISTINGW ATER LINES PROVI DE tATIRSERVICETOW66114Aiir, - PROVIDE .WATKR SERVICE TO IRRIGATION 02720 STORM bRAINAGE SYSTEM 2,1. A CORRUGATEDALUMINUM PIPE .B CORRUOATEQSTEEL PIPE W/ BITUMINOUS CO ATING 2.2 DRAINAGESTRUCTURES III 'eh a- s i g in as an VILLAGE OF - BISCAYNE RESUIRES A TIME EXTENSION TO THE PROJECT OF TWO AND A H ALE M ONTHS PHASE 1 WITHOUT FP&L AND SOUTHERN BELL )RIPTIDE. J MATERIAL1 _LABOR J ._ SUB J ILLTOTAL _L 0 0 0 16,94 NO BID 16,41 NO BID 5,33 NO BID 0 38,70 US r wr TOTAL AREA 102,000 SF SUBCONTRACTORS NAME GRAND TOTAL NCLUDED IN EARTHWOR K. 0 NIC. BY OWNER 0 NCLUDED IN EARTHWORK 0 NCLUOEDINEARTHWORK 0 NCLUDED IN EARTHWORK 0 , NCLUDED IN EARTH WO RK NCLUDED IN EARTH WORK. JAC 51,04 NCLUDED IN EARTHWORK NCLUDED IN EARTHWORK . NCLUDED IN EARTH WORK NCLUDEDINEARTHWORK NOT INCLUDED. BY OWNER NCLUDED IN E ARTH WORK NCLUDED IN EARTHWORK NCLUDED IN EARTH WORK NCLUDED IN EARTHWO RK.. NCLUDED IN E ARTHWORK NOT INCLUDED.: NIC- BY OWNER NCLUDED IN EARTHWORK' NIC . BY OWNER NCLUDED IN EARTHWOR K. N M, BY OWNER NCLUDED IN EARTHWORK . NCLUDED IN EARTHWORK NCLUDED IN EARTHWORK NCLUDED IN EARTHWORK NCLUDED IN EARTHWORK NCLUDED IN EARTHWORK NCLUDED IN EARTHWORK NCLUDED. IN EARTHW ORK NCLUDED IN EARTH WORK NCLUDED IN EARTHWORK NCLUDEDINEARTHWORK NCLUDEDIN EARTHWOR K NONE SHOWN/ N ONE INCLUDE D INCLUDED IN EARTHWORK INCLUDED IN EARTHWORK INCLUDED IN EARTHWORK INCLUDED IN OWNERS ALLOWANCE INCLUDED IN OWNERS ALLO WANCE INCLUDED IN EARTHWORK INCLUDED IN EARTHWORK INCLUDED INEA RTHWORK INCLUDED IN EARTHWORK 0.00 0.00 0.00 0.00 0.00 0,00 0.00 0.50 0.00 0.00 0.00 0 .00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0 .00 0.00 0.00 0,00 0 .00 0.00 0 .00 0.00 0.00 0 .00 0.00 0.00 0.00 0,00 0.00 0.00 040 0.00 0.00 0 .00 0 .00 0.00 0 .00 01/24/2002 01:03 PM JAM ES A. CUMMINGS, INC. 3 VILLAGE OF KEY BISCAYNE fl 917E & SITE INFRASTRUCTURE PHA SE 1 ARC HITECT: SPILLIS CANDELA DMJM GMP PROPOSAL DA TE: JA NUARY 24, 2002 ADDED SITE & SITE INFR ASTRUCTURE WORK IN JANUARY REQUIRES A TIME EXTENSION TO THE PROJECT OF TWO AND A HALF MONTHS r ITEM 1 SECTSO-H DESCRIPTION 2.3+4 BALLAST ROCK &PLASTIC FILTER FABRIC 3.3 EXFILTRATIO N TRENCH 3.5 TESTING BY CONTRACTO R DRWGS. ADJUST EXISTING CATCH BASINS TO REMAIN DRWGS. CAP EXISTING STO RM SEWER DRWGS, REMOVE EXISTING CATCH BASINS AND ASSOCIATED PIPING DRWGS. REMOVE EXISTING TRENCH DRAIN ORWGS. REMOVE EXISTING FRAME & GRATE AND PROVIDE NEW DRW GS. EXFILTRATION TRENCH TO 15' BELOW EXIST'G GROUND ELEV. NO SPEC SANITARY SEW ER SYSTEM PIPE, FITTINGS 8. MANHOLES TESTING S INSPECTION BY. CONTRACTOR SANITARY SEWER FOR FOUNTAIN 02517 2.2 2.3 2. 4 A 3.3.A .D .E 3.4.0 .D .8-0 3.5 DRWGS. DRWG S. DRWGS. DRWGS. DRWGS. ORWGS. 8 NO SPEC DRWGS. DRWGS. ORWGS. DRWGS. DR WGS. DRWGS. NO SPEC DRWG S, DRWGS. 01/24/200211' SOLID INTERLOCKING CONC. PAVERS - 76,000 SF 3118" THICK KEY SHAPE & RECTANG. AT EDG ES EDGE RESTRAINTS SAND LAYING COURSE 1" SAND FO R JOINTS CUT PAVERS WITH MASONRY SAW TOLERANCE" 1/32" OFFSET 81/0" IN 10' FRO M LEVEL EXPANSION & CO NTROL JO INTS • SEALANT FILLED SO IL STERILIZER VIBRATE CONC. PAVERS. INTO LEVELING CO URSE SAND FILL AT JOINTS REPAIR, CLEANING 8, PRO TECTION CONCRETE PAVER ROADWAYS CONCRETE PAVER PARKING AREA S CONCRETE PAVER SIDEWALKS COLORED PAVERS FOR TRA FFIC MARKINGS 12" STABILIZED SUB -GRADE 6" OR r LIMEROCK BASE ON SITE CONCRETE PAVERS AT FIRE AND POLICE LANDSCA PING PLANT MA TERIAL FLA NO.1 OR BETTER MULCH WEED CONTROL FABRIC TREE RELOCATION MAINTENANCE UNTIL FINAL ACCEPTANCE GUARANTEE e 1 YEAR FROM ACCEPTANCE SODDING CERTIFIED TURFGRASS. ST. AUGUSTINE OR KENTUCKY BLUE PLASTIC EDGING 1" PLANTING SOIL UNDER ALL SOD GUARANTEE = 6 MONTHS FRO M COMPLETIO N PHASE 1 WITHOUT FP&L AND S OUTHERN BELL MATERIAC r_LADOR, :SUB I -TOTAL 1 121,78 JAMES /AMINOS, INC. 121,78 TOTAL AREA 102.000 SF r SUBC ONTR ACTORS NAME ' +BRAND TOTAL 5/SF NCLUDED IN EARTHWORK 0 NCLUDE D IN EARTHWORK NCLUDE D IN EARTHWORK NCLUDED INEARTHWORK NCLUDED IN EARTHWO RK NCLUDED IN EARTHWO RK NCLUDED IN EARTH WORK NCLUDED IN . EARTHWORK NCLUDED IN EARTHWORK. NOT INCLUDED NOT INCLUDED NOT INCLUDED INCLUDED IN OWNERS ALLOWANCE HOLLYWOOD STONE/ BONDED INCLUDED AS 2-3/8" RECTANGULAR INCL INCL INCL INCL INCL NOT RE QUIRED/ NOT INCLUDED INCL INCL INCL NCI. INCL INCL INCL INCL INCLUDED IN EARTH WORK INCLUDED IN EARTHWORK . INCLUDED IN PHASE 1 INCLUDED IN OWNERS ALLOWANCE INCLUDED IN OWNERS ALLOWANCE INCLUDED IN OWNERS ALLOWANCE INCLUDED IN O WNERS ALLOWANCE NIC•BY OWNER INCLUDED IN OWNERS ALLOWANCE- INCLUDED IN OWNERS ALLOWANCE INCLUDED IN OWNERS ALLOWAN CE - INCLUDED IN O WNERS. ALLOWANCE INCLUDED IN O WNER S. ALLOWANCE' INCLUDED IN OWNERS ALLOWANCE INCLUDED 1N . OW NERS ALLO WANCE'., 121,78 0.00 0.00 0 .00 0.00 0,00 0 .00 0.00 0 .00 0.00 0.00 0.00 0.00 0.00 0.00 1,19 0.00 0.00 0,00 0 .00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0,00 0.00 0 .00 0.00 0 .00 0.00 0,00 0.00 0 .00 0.00 0 .00 0.00 0 .00 4 IN III MI MI IS CM IS XI MI MI MI a Ai aa MG VILLAGE OF KEY BISCAYNE SITE & SITE INFRASTRUCTURE PHASE 1 ARCHITECT: SPILLIS CANDELA DMJM GMP PROPOSAL DATE: JANUARY 24, 2002 ADDED SITE & SITE INFRASTRUCTURE WORK IN JANUARY REQUIRES A TIME EXTENSION TO THE PROJECT OF TWO AND A HALF MONTHS PHASE 1 WITHOUT FP&L AND. SOUTHERN DELL fMATERIAL L._LABOR T- SUB .1 TOTAL -„Ei _ITEM J SECTION J. DESCRIPTION NO SPEC IRRIGATION DRWGS. BACKFLOW PREVENtER DRWOS. WATER METER DRWGS. HOSE BIBS FOR MANUAL WATERING CONTROL WIRING 0 NO SPEC CONCRETE REINFORCEMENT, NON-STRUCTURAL WELDED WIRE MESH MATERIAL WELDED WIRE MESH LABOR NO SPEC DRWOS. 10 NO SPEC DRWGS. DRWGS. 11 DIV. 10 DRWGS. 12 DIV 15 13 DIVAS DRWGS, DRWGS, DRWGS. DRWGS. DRWOS. DRWGS. DRWGS. DRWGS. DRWGS, DRWGS. DRWGS, DRWGS, DRWGS. ORWGS. DRWOS. DRWGS. DRWGS. ORWGS. DRWGS. DRWGS. DRWGS. ARCHITECTURAL PRECAST CONCRETE CONCRETE BOLLARDS METAL FABRICATIONS TREE GRATES PIPEBOLLARDS MISC. SPECIALTIES FLAGPOLES MECHANICAL DISCONNECT PLUMBING & MAKE SAFE FOR DEMOLITION REMOVE FREON & MAKE SAFE FOR DEMOLITION ELECTRICAL ELECTRICAL DUCT BANK COMMUNICATION DUCT BANK TELEPHONE & CABLE TV DUCT BANK FP&L MANHOLES • FURNISHED BY FP&L INSTALLED BY CONTRACTOR FP&L CONDUIT -FURNISHED BY FP&L INSTALLED BY CONTRACTOR BELLSOUTH MANHOLES- FURN. & INSTALL BY CONTRACTOR COMMUNICATION MANHOLES- FURN. & INSTALL BY CONTRACTOR WATERPROOFING OF MANHOLES FP&L POWER POLES - NIC TEMPORARY FP&L POWER POLES-NIC PPM. CONDUCTORS & CABLES • NIC PAO. MOUNTED. TRANSFORMERS • NIC STREET LIGIITING. PLANTER LIGHTING PRECAST'LIGHTPOLE BASES TO MEET WIND LOADING REQ. CONCRETE EQUIPMENT PADS FIBER REINFORCEDPLASTICENCLOSURES RELOCATE EXIST'G LIGHT POLES & LIGHT POLE PULL BOXES - NIC REMOVE EXISTING FP&L LIGHT POLES & PULL BOXES - NIC REMOVE EXISTING FP&L OVERHEAD POLE & POWER LINES -NIC CONNECTION TO FOUNTAIN PUMP CONTROLLER 27,62 1,20 2,20 1,80 1,07 409,47 2,00 01/24/200201k03 PM JAMES A:'CIMMINGS, INC. 29,82 4,07 409,47 2,00 1,111 A1,7'D. ,NA INCNtkLUDE INRSSWNERSAftOWANCI -, ,INCLUDED 04 @WNERS�ALLOWANOE HID. BY OWN II01290 111 .LowAnitt LhibEo IN'bWNERS ALL6WARcE iMO S14EDJN SIITEDONORETE 3tt(OLUOE5 IN SITE CONCRETE' INCLUDE01N SITE CONCRETE ?PIN OWNERS:ALCOWANCE INCLUITE IN -OWNERS ALI,OWANCE IRONSMITH/JAC OIAIE.METAL$JJAC' DEOINcvm R9_'ALoWANCE 1E0owMit ALLOWANCE INCLUDED IN PHASE2 IOICI,UUEO Iii PHASE 2 FISK/ BONDED INCL NCI, INOL INCL INCL INCL JAC N19..By'OWNER NIC • eV OWNER NIC.- BY OWNER NIC'• BY OWNER INCL NCI, INCL INCLUDED IN EARTHWORK INCL NI,G-BY OWNER. NAG -.- BY OWNER NIC BYOWNER INCL TOTAL -AREA 102,000 SP GRAND TOTAL 33,12 6,38 400,47 2,00 sisa f] 0,00 0.00 0,00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0,00 0.00 0:00 0;00 0,32 0:05 000 0,00 0.00 0,00 0.00 0.00 0.00 0,00 4:01 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0,02 0,00 0,00 0.00 0,00 0.00 0,00 0.00 0.00 0.00 0.00 0.00 0.00 0,00 5 111111[111 111 ff1 111 13 71 111 111 111, 111 1L ii ipls s VILLAGE OF KEY BISCAYNE SITE 8 SITE INFRASTRUCTURE PRASE ARCHITECT: SPILL'S CANDELA OMJM OMP PROPOSAL DATE: JANUARY 24, 2002 ADDED SITE 8 SITE INFRASTRUCTURE WORK IN JANUARY REQUIRES A TIME EXTENSION TO THE PROJECT OF TWO AND A HALF MONTHS - - PHASE 1 WITHOUT PPM. AND SOUTHERN BELL ITEM SECTION DESCRIPTION M r -" � I � liTERIAL - LABOR SUB TOTAL -IT SUBCONTRACTORS NAME iITE'FOLLOWING'ITEMSOF WORK ARE SEPARATE OWNER ALLOWANCES WHICH ARE NOT INCLUDED IN THIS PROPOSAL AND WHICH DO NOT INCLUDE ANY CONSTRUCTION MANAGER'S MARK-UPS FOR PERMITS, TAXES, INSURANCE, BONDS, CONTINGENCIES AND OVERHEAD AND PROFIT, FOUNTAIN AT WEST MCINTYRE STREET FEATURE COLUMNS • S EACH TRAFFIC CIRCLE ARCHITECTURAL ELEMENT PARK GAZEBO TRELLIS ARCHITECTURAL PRECAST MISC. SPECIALTIES FLORIDA POWER B LIGHT AND SOUTHERN DELL WORK PROVIDED BY OWNER TOTAL 60,000 40,000 125,000 25,000 15,000 4,000 8,000 OWNER ALLOWANCE NIC • OWNER ALLOWANCE NIC • OWNER ALLOWANCE NIC OWNER ALLOWANCE NIC • OWNER ALLOWANCE NIC - OWNER ALLOWANCE NIC • OWNER ALLOWANCE NIC - WORK BY OWNER WORK BY OWNER WORK BY OWNER WORK By OWNER WORK BY OWNER WORK BY OWNER WORK BY OWNER 400,000 OWNER ALLOWANCE NIC - WORK BY OWNER 675,000 TOTAL AREA 102,000 SF GRAND TOTAL $/SF 01/24/200201:03 PM JAMES A. CUMMINGS, INC. 7 Departme nt of Man ageme nt Services V illage of Key Biscayne R ecreation Center Site & Infra structure List of D rawings January 24, 2002 C IV IL DRAWINGS 01. 1. 00 Location Plan C1.1.01 D emolition Plan - V illage Green Way C1.1.02 Demo lition Plan - Village G reen Way C1.1.03 Demo lition Plan - V illage Green Way CL1, 04 D emolitio n Plan - Fernwoo d Road CLAMS De molition • Plan - Feniwood Road CI. L06 De molition Plan - West McIn tyre Street C2. 100 Location Plan C 2.1.01 Ge ometry Plan - Villa ge Green Way C2. L02 Geometry Plan - \Tillage Green Way C2.1.03 Geometry Plan- Village G reen Way C2 L04 Geome try Plan - Fanwood Roa d C2.L05 Geometry Plan Fern wood R oad C2 L06 Geome try. Plan; - West McIntyre Street 0.1.00 LocationPlan 0. 1.01 Grading & Drainage Plan - Village Green Way C3,I.02 G ra ding & Drainage Plan - Village Green Way C3.1.03 Gra ding & Drainage Pla n - Villag e Green Way C3.1.04 Grading & Drainage Plan - Fernwood Road 0.1.05 Gr ading & Drainage Pla n - F emwood Road C3.1. 06 Grading & Drainage Pla n - West M cIntyre Stree t C3.1.07 Grading & Drai nage Plan - West McIntyre Sweet C4.1.00 Location Plan C4.1. 01 Underground Utilities Plan - Villag e Green Way C4.1.02 U ndergrou nd Utilities Pla n - Vill ag e Gr een Way C IVIL, DRA WIN GS (coned) 08/03/01 05.1.04Electrical, Telephone & Commu nicatio ns 08/03/01 Plan - Femwood Road 09/2` 08/03/01 05.1.05 Electrical, Telephone & Comm unicatio ns 06/29/01 Plan - West McIntyre Street 09/2_ 06/29/01 06.1 Ql i Details 06/25 06129/01 0 6. 2 , Details 08 /O.' 09125901 03 , .. Wat ermain Profile 09/26 Not es ` + 08/21 L ocatio n Plan 08/02 08/21/01 C7. 01 Traffic Marki ng Plan - Village Green W ay 08/21 08/21/01 0.1.02 Traffic Marking Pla n - Vill age Green W ay 08/21 09/25/01 C7 ,.03 Ti ac Marking Pl an - Village Green Way 08/21 08/21/OI C7-1'.04 Traffic Marking Pla n - Femwo od R oad 09/25. O9/25.01 C7.1-05 Traffic M arking Plan - West McInty re Stre et 09/2° 08/03/01 C8 .1 .01 Traffic Mainten an ce Pl an 11/02 C8.1.02 Traffic Maintenan ce Plan 1.1/02 09/25/01 CS. L03 "Phase 1" Pla n . ' 11/02 C&1.04 "Phase2' Pl an 11/02 08/21/01 08.1 .05 "Phase 3" Plan , 11/02 08/21/01 ELECT RICAL DRAWINGS 09/25/01 EE0.1 .01 Fixture Schedule, Calculation Schedule & 08/21/01 Details EE0.1.02 Ele ctrical Site Utilities - Details & 09/25/01 Specificati ons h hi.1 Al 06/29/01 EE1.1.02 08/03/01 EE1 .1.03 08/0Sl01,. . o8/2I10E a 09/25/01 09/25/01 C4.1.03 Underground Utilities Pla n - Village Green Way 08/21/01 C4.1.04 Undergr ound Utilities Plan - Femwood Road 09/25/01 04 .1 .05 Und ergro und Utilities Plan - Femw ood Road 09/25/01 C4 .1.06 U ndergr ou nd Utilities Pla n - West Mclntryre Str eet C5.1.00 L ocati on Pla n C5 .1 .01 Ele ctrical , Telephone & C ommu nicatio ns Pl an - Vill age Green Way 09/25/01 05 .1.02 Electrical, Telephone & Communicati ons Pl an - Village Green Way 09/25/01 C5.1.03 Electric al, Telephone & Communicati ons Plan - Fem wo od R oad 09/25/01 EE1.1.04 EE1.1.05 EEI.1.06 EF1.1.07 EE1.1.08 Demolition Electrical Site Pla n Site Lighti ng Plan 'Ar ea A' Sit e Lighti ng Pl an `Area B' Site Lighting Plan 'Are a C' Photometric Pl an `Area A' Photometric Pl an 'Ar ea B' Photometric. Pla n Area C' Electrical' Site Utility Pla n I RRIG ATI ON DRAWINGS II R.O.W. Irrigation Pla n - Z one 1 I2 Irrigati on Plan - Zone 2, 3, & 4 I3 Irrig ation N otes and Details 09/25/0 LANDS CAPING DRAWINGS 08/03/01 L1 R.O.W. Planting Plan - Zon e 1 L2 R. O.W. Planting Plan - Zone 2., 3, & 4 PROJEC T SPECIFICATIONS DIVISI ON 2'- STTEWORK 02050 Demoliti on, Rem ovals and. R elocation 02220 Earthwork •,.08/22 08/22 08/1C 08/1C 08/1C 08/22 08/1C 08/1C 08/1( 0.9/25 09/14 09/1S 09/15 06/0` 06/05 J AC 8/1Z J AC 17S/17, 12 1100 CONSTRUGTI'• NO "N U P STATION 1110 SUBSTANTIAL COMPLETION 1120 -- PUNCH LIST Org Early Early Dur Start Finish 2002 JF MAMJ J'.ASOND J FMAMJJ;ArS_ 103 25JAN02 18JUN02 CONSTRUCTION OF NEW FIRE STATION 1 19JUNO2 19JUNO2 $SUBSTANTIAL COMPLETION 22 19JUNO2 18JUL02 is PUNCH LIST ADMINISTRATION & POLICE 2100 CONSTRUCT ON OF NEW ADMIN. & POLICE STATION 2900 RELOCATE&DEMO.EXISTPOLICE/ FIRE&INSTALL SPARK. 2110 SUBSTANTIAL COMPLETION 2120 PUNCHLIST 2107 OWNER APPROVAL OF GMP & AMENDMENT TO CONTRACT 2108 SITE, UTILITIES & STREETS WORK "@ FIRE & ADMIN. 9999 FINAL COMPLETII I 3108 SITE, UTILITIES & STREETS WORK @ FERNW000 Pr£IeC1 Stan Prglact Finish Data Pare Run Date 21JAN02.Ap OIRISS �x..� .,�s Early Bar. 25SRPf PrRan dABar MANOR 25JAN02 T ag P .M, M¢.., ST 103 25JAN02 :18JUN02 40 19JUNO2 13AUG02 1 19JUNO2 19JUNO2 22 19JUNO2 18JUL02 32 28JA N02* 12MA R02 15 20FEB02 12MAR02 70 13MAR02 18JUNO2 105 28MAR03 21AUG03 CONSTRUCTION OF NEW ADMIN. & POLICE STATION irS/NRELOCATE&DEMO .EXIST.POLICE/ FIRE&INSTF $SUBSTANTIAL COMPLETION ,SPUNCHLIST PERMITTING. OWNER APPROVAL OF GMP & AMENDMENT TO CONTRACT ila raSITE, UTILITIES & STREETS WORK @ FIRE & ADMIN. FINAL COMPLETION PERMITTING SIE, UTILITIES & STREETS WORK @ FERNVVOO Disasigisr JAMES A. CUMMINGS, INC . VILLAGE OF KEY BISCAYNE CIVIC CENTER CIVIC CENTER COMPLETION SCHEDULE 6Nea f 1 a( Cumrnin9s Act ID Activity Description Org, Early Dur Start Early Finish RECREATION CENTER 5076 VILLAGE PERMITTING 5075 WASA & COUNTY PERMITTING 5065 RELOCATE OFFICES &DEMO. EXIST. VILLAGE HALL&BANK 5100 CONSTRUCTION OF REC. CENTER 5110 SUBSTANTIAL COMPLETION 5120 PUNCH LIST 20 14SEP01A27MAR02 60 19NOV01 18APR02 22 19JUNO2 18JUL02 289 19JUL02 27AUG03 1 28AUG03 28AUG03 SUBSTANTIAL COMPLETION 20 28AUGO3 24SEP03 PUNCH LIST PERMITTING 2002 2003, J';F'M,A M J J;A,S ONDJF M A;M;,J,JIA1S, VILLAGE PERMITTING WASA & COUNTY PERMITTING kr/RELOCATE OFFICES &DEMO. EXIST. VILLAGE HAL CON SITE, UTILITIES & STREETS -PHASE III (REC.CENTER) 4106 PERMITTING 4108 SITE, UTILITIES & STREETS WORK @ REC. CENTER 66 28JAN02* 29APR02 109 28MAR03 27AUG03 SITE, UTILITIES & STREETS WORK @ REC. CENTER inene FINAL COMPLETION RECREATION CENTER 11999 FINAL COMPLETION 1 25SEP03 25SEP03, FINAL COMPLETIONi Project Starr Project Finish oat. Date Pun Date 21JAN02 2SSEPO3 25JANQ2 25JAN02 Eary gar Imo# Proems. gar 7 crlaezl Activity KST2 JAMES A. CUMMINGS, INC, VILLAGE OF KEY BISCAYNE CIVIC CENTER rnnr CPKITPP CnMPI FTION SCHFDIIIF Sheet 2 of C 11 us Oualifications and Clarifications Where conflicts may exist between these Qualifications and Clarfication`s and the listed Contract Drawings, Specifications and Architect's letters of direction, these Qualifications and Clarifications shall govern: 1. The Owner Allowances are sums of money established for n particular item of work which scope and description are not sufficiently defined to ollow,for pricing by Cummings. These Allowances are inclusive of all labor (unjess otherwise indicated), payroll taxes and insurance, material, sales and use tax, equipment, services, general requirements, insurance, bond and fee. The following items: of work are included as Owner Allowances: Owner Allowances A. Pellnits B. Builders Risk Insurance C. Landscaping, Irrigation & Sod D. Communication Duct Banks Between Buildings E. Police Security Conduit F. Fire Security Conduit' G. Restoration S .20,000.00 S 9,800.00 S 162,500.00' $ 34,611.00 $ .':19,461.00 $ :67,202.00 S ;25,000.00 2. The costs included in this proposal areas specifically identified in this proposal and are as specifically shown in the enumerated contract documents and do not include any unknowns, incomplete design and/or conflicts which may result from the completion of the contract design documents. 3. This proposal is based upon the assumption that FP&L work will be complete no later then March 1, 2002. If the FP&L work is not completed by this date through no fault of Cummings, Cummings shall look to the Owner for all additional time txtensions and costs resulting from this delay. 4. Permit fees are included as an Owner Allowance of $20,000.00. 5. Builder's Risk Insurance is included as an Owner Allowance of $9,800.00. 6. All work required for Phases 2 and 3 is not included. 7. Construction of the traffic circle and North Village Green Way to within 195 feet west of Crandon Blvd is not included. 8. All work from Crandon Boulevard 195 (feet west along North Village Green Way shall be provided by others. 6ti 9. Art In Public Places including all required infrastructure shall be provided by others. 10. Restoration of areas disturbed as a result of the Work is included as an Owner Allowance in the amount of $25,000.00. DIVISION 2 - SITEWORK 1 1 1 1 1 1 4 11. In that a geotechnical report was not prepared specifically for the Civil & Site Infrastructure, this estimate is based strictly on the Subsurface Soil Exploration as prepared by K&B Consultants Inc. for the Administration and Police Building. Site preparation does include the removal of the existing top two feet (2') of existing soli within the area of construction. All costs required to remedy and modify existing unknown subsurface conditions, including unsuitable and/or contaminated soils are not included. 12. All existing trees which are in conflict with new construction shall be demolished and removed from the site by Cummings. 13, Demolition of the existing Village Hall and bank and the building adjacent to the existing fire and police facility is not included. 14. All FP&L and Southern Bell costs including but not limited to the removal and/or relocation of FP&L light poles, power poles and pull boxes are not included. 15. The sanitary sewer servicing the Administration and Police Building as shown on sheets C4.1.01 and C4.1.06 was previously included in the GMP proposal for the Administration and Police Building and is therefore not included in this proposal. 16. Solid interlocking concrete pavers similar or equal to those manufactured by either Paver Module or Tremron are included. 17. All pavers for the sidewalks are included as 4" x 8" concrete pavers. All pavers for the roadways are included as both 4" x 4" and 4" x 8" concrete pavers. All concrete pavers for the sidewalks and the roadways are included as 2-3/8" thick. 18. With the exception of the handicapped parking spaces, all pavement markings in areas to receive concrete pavers are included as colored concrete pavers. All pavement markings for handicapped parking spaces located in areas to receive concrete pavers are included as painted. 19. All pavement markings on asphalt paving are included as painted. 20. Landscaping, Irrigation and Sod are included as an Owner Allowance in the amount of $162,500.00. 21. Topsoil is included under the sod as two inches (2") thick. 22. All required reinforcing steel and welded wire mesh are included as regular plain steel and bright welded wire mesh 23. All sidewalks are included as key coral colored concrete with a medium broom finish. DIVISION 5 - METALS 24. Tree grates are included as cast iron with a black enamel finish similar or equal to those manufactured by Ironsmith Architectural Products Model M4836 and M6058_ DIVISION 16 - ELECTRICAL 25. The furnishing of manholes and conduit for FP&L duct banks is not included. WORK PROVIDED BY OWNER 25. Threshold inspector and special inspector services. 26. County, city and other governing municipalities and agencies fees and charges and all impact fees, utility connection and usage fees: (Permit fees are included in the GMP as an allowance.) 1 1 1 1 1 27. Quality control testing. 28. Tree relocation 29. Work from Crandon Boulevard 195 feet west along North Village Green Way. 30. Removal and/or relocation of existing trailers and other portable type facilities. (Demolition of the existing facilities is included.) 31. Asbestos abatement and removal of other hazardous materials in existing facilities. 32. Furniture, Fixtures and Equipment (FF&E). 33. Removal, replacement and/or restoration of existing unknown utilities. 34. Detention tanks and disposal wells. 35. The cost of the water meters. 36. Traffic and/or pedestrian signalization. 4 1 1 1 1 1 1 1 1 1 1 1 1 1 37. All required Florida Power & Light and Southem Bell work including but not limited to connection fees. 38. Art In Public Places including all required infrastructure WORK NOT INCLUDED 39. The following items of work are separate Owner Allowances which are not included in this proposal and which do not included any construction manager's mark-up for permits, taxes, insurance, bonds, contingencies, overhead and profit. A. Fountain at West McIntyre Street S 60,000.00 B. Feature Columns S 40,000.00 C. Traffic Circle Architectural Element 5 125,000.00 D. Park Gazebo $ 25,000.00 E. Trellis 5 15,000.00 F. Architectural Precast Concrete 5 4,000.00 G. Miscellaneous Specialties 5 6,000.00 H. Florida Power & Light and Southern Bell 5 400,000.00 'MEE EXTENSION 40. In that the permitting process has not yet started and allowing for six (6) weeks permitting time commencing on Monday, January 28, 2002, we will require a time extension of two and a half (2-112) months to the overall project duration (for the Fire Station, the Administration and Police Building and Phase I of the Civil and Site Infrastructure work) in accordance with the attached schedule. 5 1 RESOLUTION NO. 2002-1 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, RATIFYING THE APPOINTMENT OF THE MEMBERS OF THE CHARTER REVISION COMMISSION OF THE VILLAGE OF KEY BISCAYNE; PROVIDING FOR EFFECTIVE DATE. WHEREAS, on November 13, 2001, the Village Council appointed the members of the Charter Revision Commission pursuant to Section 7.06 of the Village Charter, in light of the circumstance that a regular meeting of the Village Council was not then scheduled for the month of December 2001; and WHEREAS, the Village Council desires to ratify the appointment of the members of the Charter Revision Commission, as provided herein. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. Recitals Adopted. The recitals stated above are hereby confirmed and adopted. Section 2. Ratification of Appointments. The November 13, 2001, motion adopted by the Village Council appointing the below described members to the Charter Revision Commission is hereby ratified and confirmed and the following persons are hereby appointed as the members of the Charter Revision Commission: The Honorable Martha F. Broucek, Chairman Mr. Michael Kahn, Vice Chairman Mr. Stuart D. Ames Dr. Michael Kelly Mr. Luis Lauredo Section 3. Duties. The Charter Revision Commission shall perform its duties and responsibilities as required by Section 7.06 of the Village Charter. Section 4. Effective Date. That this Resolution shall be effective immediately from and after adoption hereof and shall serve to ratify the appointment of the members. of the Charter Revision Commission,as made on November 1,3, 2001. PASSED AND ,ADOPTED:this 15th day ofdanuary, 2002. zeVe CONCIHTTA H. ALVAREZ, CMC, VILLAGE C APPROVED AS TO FORM AND LEGAL SUFFI RIC AY WEISS, VILLAGE ATTORNEY MAYOR JOE I: RASCO 103001\ resolutionskatifying appointment of members of charter revision commission.