HomeMy Public PortalAbout2002-30 Authorizing a Joint Agreement with Miami-Dade County Public Schools; Approving change order #6 to agreement with James A. CummingsRESOLUTION 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.
/
,
/
MAYOR JOE I. RASCO
ST:
,die -Y
CHITA H. ALVAREZ, CMC, VILLAGE CLE
APPROVED AS TO FORM AND LEGAL SUFFICIEN
j..7 -?7,.._:::\
(
RICHARD JAY WEISS, VILLAGE ATTORNEY
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 #6 (State School "FF" Sanitary Sewer Force Main)
THIS AMENDMENT made this 1 lth 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,
(the "Construction Manager").
Federal Tax I.D. Number: 59-2098732,
WHEREAS, the Owner (as a direct signatory and through its former agent, the Department of
Management Services of the State of 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 Elec l
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:
a. 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 C1.1.02 entitled "Sanitary Sewer Force Main Plan and
Profile" dated 04-10-02 [Revision 2] as prepared by Spillis Candela DMJM.
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 DMS for the Force Main component of the Project;
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.
(5)
Effect On Agreement - except as provided above, the articles and exhibits of the
Agreement which are not affected by the amendments provided for herein shall remain in
full force and effect.
IN WITNESS WHEREOF, the parties have executed this Amendment the day and year first
written above.
JAMES A. CUMMINGS, INC.
Attest:
BY: & Jo— (Ccu
Corporate Secretary
Witnessed:
By:
I -%S c 4-R3,C3, Ti cliff) d
(print name) 4
By:
A/c / L�I.G L ' f' E
(print name
Attest:
By:
Village Clerk
William R. Derrer, Corporate President
James A. Cummings, Inc.
VILLAGE OF KEY BISCAYNE
Az.f..„)
Approved as to form and legal sufficiency:
By:
Village Attorney
By:
103001 \agreements\amendmentto agreement between owner and construction manager
(Corporate Seal)
MAYRA F. GOMEZ
MY COMMISSION # DD 002789
EXPIRES: Feb 20, 20(w^
1 -800 -3 -NOTARY FL Notary Service & Bonding, Inc
%—nt1t.Ut 1 I-\
James A. Cummings, Inc.
3575 Northwest 53rd Street
Fort Lauderdale, FL 33309
I 1
ummin9s
General Controctors
June 20, 2002
VILLAGE OF KEY BISCAYNE
Department of Building, Zoning and Planning
85 West McIntyre Street
Key I3iscayne, FL 33149
Phone: 954-733-4211
Fax: 954-465-96r—
Website:
www.jamesacummings.com
TRANSMITTED VIA FAX & USPS
ATTN: Mr. Jud Kurlancheek, Director
RE: KEY BISCAYNE FIRE STATION, POLICE STATION & ADMIN. BUILDINGS
REQUEST FOR CHANGE ORDER
STATE SCHOOL "FF" SANITARY SEWER FORCE MAIN
Dear Mr. Kurlancheek:
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 June 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 Fernwood East $48,635
Includes force main from Fernwood Road 8" cap east to existing 12" force main at
Crandon Boulevard. Proposal includes dewatering.
(2) Force Main Fernwood West $72,129
Includes force main from Fernwood Road 8" cap west to lift station (by others) at School
"FF". Proposal includes dewatering.
(3) Repave Intersection at Crandon Boulevard and McIntyre Road S35,325
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 C1.1.01 and
C1.1.02 [Revision 1, dated 09-25-02]. 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. • de• in
previous proposals.
" 1 6 / l U / U L i D : J U I ' A A
L J I L
M r . J u d K u r l a n c h e e k
S T A T E S C H O O L " F F " F O R C E M A I N
J u n e 2 0 , 2 0 0 2
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e x t e n s i o n w h i c h m a y r e s u l t f r o m t h i s c h a n g e . T h e s e c o s t s m a y i n c l u d e , b u t a r e n o t l i m i t e d t o ,
c o m p e n s a t i o n f o r a t i m e e x t e n s i o n i n c l u d i n g j o b s i t e a n d h o m e o f f i c e o v e r h e a d a n d r e l a t e d c o s t s ,
l o s s o f l a b o r e f f i c i e n c y , e s c a l a t i o n c o s t s a n d s u b c o n t r a c t o r c l a i m s . T h e s e c o s t s a n d r e q u i r e d
e x t e n s i o n t o t h e p r o j e c t s c h e d u l e a r e n o t d i s c e r n a b l e a t t h i s t i m e ; o n c e t h e s e i m p a c t s b e c o m e
a p p a r e n t , w e w i l l a d v i s e y o u a c c o r d i n g l y .
"
P l e a s e t e l e p h o n e m e a t ( 9 5 4 ) 7 3 3 - 4 2 1 1 i f t h e r e a r e a n y q u e s t i o n s o r c o m m e n t s r e g a r d i n g t h i s
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D E S C R I P T I O N O F W O R K 1
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I
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.
F o r c e M a i n F e m w o o d E a s t
0 1
D u m p s t e r P u l l s / W a s t e R e m o v a l ( 1 ( a ) $ 3 0 0 e a c h )
0
1 3 0 0
0 i
0 1
L a y o u t / s u p p o r t
1 , 0 0 0 1 5 0
0 I
0 2
S a n i t a r y S e w e r F o r c e M a i n : M e g a t r a n
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P r e s s u r e T e s t i n g : M e g a t r a n 1
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R e s t o r a t i o n o f A s p h a l t a t T r e n c h e d A r e a : A L L O W A N C E
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0
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C o m p l e t e R e s t o r a t i o n o f C r a n d o n / M c I n t y r e : N O T I N C L U D E D i
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.
i
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'
I
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1 . 0 0 0
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6 8 5
1 . 6 8 5 4 7 9 4 5 . 7 6 7
T O T A L
O V E R H E A D ( 4 . 5 % o f p o r t i o n o r e a t e r t h a n $ 4 2 , 9 9 0 D e r A m e n d m e n t 3 . 8 . 1 . 2 ( 1 ) ( c ) )
S U B T O T A L
P R O F I T ( i n c l u d e d i n O v e r h e a d )
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--M11 Pt 1 fk.
6/28/2002 3:37 PM =ROM: Fax TO: =-954-48!-9688 PAGE: 302 OF CO2
11 GA TRAN
EXHIBIT "A"
UNIT PRICE SCHEDULE
James A. Cummings
Key Biscanyne
Community School
West of Feemwood
No.
Description
1
Qty
1 Unit
I Price
t Amount
i
I !
i
; ;
A.
Sewer System
.:
I e
1
8" DIP Epoxy coated -------
i
404; LF --; $33.26
$13,440.00
2
8" Plug
•
21 LF $275.34
$550.00,
3.
45 Degree Bends
12 z EA�} $32277
$3,870.00
4.
_
8" Plug Valve
11 EA $1,358.07
$1,360.00
5 •
8"x8" T
I
11 EA $520.32
$520.00
B.
Accessories
i
L�S
11 $552.40
$550.00
7.
_
_
Trench Asphalt Patching. Final restoration is not included. Full
Intersection restoration of Crandom Blvd Is not included.
'
1 LS 1 $4:963.14
- — ---f-
$4,960.00
8_
FA Hauling _—^
{
27 CY $11.70
$320.00
9.
MOT (does not included police officer)
1 ! LS $982.80
$980.00
10.
11.
Den g
Survey (Layout) & As -built
T
11 LS F $►9:873.00
11 LS I $3,369.60
$9,870.00
$3,370.00
12.
Sidewalk or Landscaping restoration is not Included
i
TOTAL:
f
$39,790.00
."'
l
1
'Contract
Summary
i
II
DRAINA WATER & SEWER
i
A.
sewer system
I
$39,790.00
B.
Crandon Blvd - Mcyntiire Inersetction
; !
TOTAL:
i $39,780.00_
_..�
Performance Bond:L
� a $4T7.48
Grand Total:;
$40,267.48
Page A-1 of 1 6/18/2002 3:35 PM
14/ 1V/ V L. 1Y. VV L'L 111
. 1\k-tUUt( k ..
James A. Cummings, Inc.
PROPOSAL SUMMARY FORM
Village of Key Biscayne
STATE SCHOOL "FP SANITARY SEWER FORCE MAIN FERNWOOD WEST
Revised 06/20/02
SECTION
DESCRIPTION OF WORK
LABOR
MATERIAL
SUBCONTRACT
I
1
Force Main Femwood West
'
i
01
Dumpster Pulls/ Waste Removal (10 $300 each)
01 300
; 0 ;
01
Layout/Support
2,500
3001
0'
02
Sanitary Sewer Force Main: Megatran
1
0
01
57,988
02
Pressure Testing: Megatran
=
0 01
500
02
Restoration of Asphalt at Trenched Area: ALLOWANCE
0
0
5,000
SUBTOTAL
LABOR BURDEN
SALES TAX
l
SUBTOTAL
2.500
6001 63.488
'1,712
4.212 639 : 63.488
TOTAL
OVERHEAD: 4.5% (accumalative increases exceed $42.990 -per Amendment 3, 8.1.2 (1) (c))
SUBTOTAL
PROFIT included in Overhead
SUBTOTAL
BOND
TOTAL
68,339
l
3.075
71.415
0
1L/ IV/ UL 10 : JU rtid
6/19/202 3:.1 PXqi-tii317"A"
X: T x TO: --954-48.-9698 PAGE: 302 or CO2
MEaATRAN
EXHIBIT "A"
UNIT PRICE SCHEDULE
James A. Cummings
Key Biscenyne
Community School
No
Description I
City ]
Unit
Price
J Amount
l
'
I
'
:A1_4_____Sewer
1.
Sstetn
550 - LF
'
..__-
8" DIP Epoxy coated
$33.26
$18, 290.00
2.
8" Plug
2_ LF _____
j___
$275.34
$550.00
3.
45 Degree Bends
8; EA
:
$322.77
$2, 580.00
4.
8" Plug Valve i
11 EA
$1,358.07
$1,360.00
5.
8'x8" T I
11 EA
$520.32
$520.00
6.
12'xB" Tapping Sleeve, Valve & Valve Box i
1 i EA
;
$5.082.14
$5,080.00
8.
g,
Accessories
Trench Asphalt Patching. Final restoration is not included. Full
P
intersection restoration of Crandom Blvd is not included.
1' LS
11 LS
?
;
$552.40
$11,7'19.89
$550.00
0
$11,72 .00
10.
Fill Hauling
37 Cy
$11.70
$430.00
11.
12.
_
'MOT (does not included police officer)
Dewatering ,
1 i LS
1! LS
$982.80
$11, 496.60
$980.00
$11, 500.00
13.
Survey (Layout) & As -built '
11 LS
x3:744.00
$3,740.00
14.
Sidewalk or Landscaping restoration is not include d L
�_
- -
H.
TOTAL::
I'
Si 300.00
. ndo = • - �, - ion !
1.
C • • = Hung '' Ova ', type S -I I
.
L
2.
rn '� _ i
Sig 'on Loop r L
'
'
.
4.
i ;.,: ,. tern • - - th 'c poi,
+ •T (nig , , off duty .► ' officer • + dud • I
I
I
.
'
I
�.
.
r
r
,
i
II T
Contract Summary
'
-+
RAINAGE WATER & SEWER
A.
Sewer Svstern
$57,300.00
B.
Crandon Blvd - Mcvrntire Inersetction i
!
TOTAL:I
._~..
557,300.00
$687.60
.... Performance Bond: j
j
-
Grand Total:;
;
$67,987.60
Page A-1 of 1 6/18/2002 3:07 PM
1G/ 1V/ YL 1LI. UV
1' ILA
James A. Cummings, Inc.
PROPOSAL SUMMARY FORM
Village of Key Biscayne
STATE SCHOOL "FF" SANITARY SEWER FORCE MAIN
COMPLETE PAVING OF CRANDON BOULEVARD/MCINTYRE
SECTION
= DESCRIPTION OF WORK
LABOR
( MATERIAL SUBCONTRACT
Pave Crandon Boulevard/Mclntyre Intersection
1
01
Dumpster Pulls/ Waste Removal (1 a $300 each)
0
300
01
01
Layout/Support
' 2,000
0
0 !
02
Paving: Megatran
0
0 I 29,780
I.
1
i
I
'
I
,
'
I
.
.
_i
1
I
.
•
•
SUBTOTAL
LABOR BURDEN
SALES TAX
SUBTOTAL
29.780
2,000( 300
3,370 ' 320 29,780
1,370
TOTAL
OVERHEAD: 4.5% (accumalative increases exceed $42,990 -per Amendment 3, 8.1.2 (1) (c)) •
SUBTOTAL
PROFIT (included in Overhead)
33,469
1.506
34,975
0
SUBTOTAL
1
34.975
BOND
TOTAL
350
35.325
1Z/lU/UZ lb:3U
PILL 14\1111A j t1
6/18/2032 3:.1 PM !RO: Fix To: _-554-48!-9688 EhG£: 302 OI CO2
�{•J 10
I
Ic1EG.4TRAN
EXHIBIT "A -
UNIT PRICE SCHEDULE
James A. Cummings
Key Biscanyne
Community School
No_ ] Description I
Qty
I Unit I
Price
I Amount
...
,........ ••- �--
•
1.
`' DIP %.� coa• • R 550; LF S33.26 $18,290.
2.
8" P1
s _^
LF $275.34 _ $550
-$2,5
,45 _ . ree 13- .,
EA $3227 .00
4.
,8" g Valve s 11 EA 51:358. 7 $1,3 0.00
5. j8 'T i 1i EA I S52 .32 $ 0.00
6.
2-x" Ta. 'n' SI- - -, Valve at Box i ; F.A
$5.0 14 $5 80.00
'
_-
' �11 L
!,Trench , halt - = rig. F al restaati is not includ . Full
'int_ - �; on rat, • on of C dom Blvd nat includ ! 1; S
S 2.40 550.00
$11 19.89 1,720.00
10.
Fill lin • 371 CY
$11.70 $430.
11. IMO
12
(does n included cx officer) 1= LS
9 11 LS
$982.80 $9 0
11;4955.60 S11,5 .00
13.
- rvelf - , & Ilt i 1: LS i $3,744.00 $3,7 .00
14.. -1dev alk or - ds restorati is not includ i
00:00'
B.
1Crandon Blvd - Mcvntire Inersetction .
1. 'Complete
milling 8► {I 1" Overlay mix type S -Ill
2.
Signatzation Loop r ir
3.
4.
Stripping as ebsting with temporary and thermoplastic paint ! i
MOT (night time, off duty police officer not included) ! i
TOTAL: i i
S29,730.00
.
Contra - um
'DR
• AG R
A. - = Svst= ,300.00
B. randon = - M ire mars- 'an ! , /,
T : , • 000
Perfo
P -_/!t
T !: 0!
::i° "1 -4-/-
Page A-1 of 1 5/' 3/20,22 3:07 PM
.
EXHIBIT B
OWNER'S CONSTRUCTION BUDGET
ITEM DESCRIPTION CONSTRUCTION BUDGET
CONSTRUCTION MANAGER'S PRECONSTRUCTION PHASE FEE S113,190.00
SUBTOTAL OWNER'S TOTAL PRECONSTRUCTION PHASE FEE. S113,190.00
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 $10,806,780.00
ANTICIPATED OWNER SALES TAX SAVLNGS ($159,266.00)
SUBTOTAL $ 10,647,514.00
OWNER'S CONTINGENCY $256,924.00
OWNER'S GMP BUDGET -FIRE RESCUE & ADMINISTRATION/POLICE $10,904,438.00
OWNER'S CONSTRUCTION BUDGET -FIRE RESCUE & ADMINISTRATION/POLICE
WITH PRECONSTRUCTION FEE Sl 1.017.628.00
VILLAGE CIVIC CENTER SITE & SITE INFRASTRUCTURE WORK ELECTRICAL DUCT BANK AND WATER MAIN
CONSTRUCTION MANAGER'S CONSTRUCTION PHASE FEE Si 19,226.00
CONSTRUCTION MANAGER'S OVERHEAD & PROFIT $34,521.00
CONSTRUCTION BUDGET BALANCE S647,913.00
OWNER'S CONSTRUCTION BUDGET - VILLAGE CIVIC CENTER SI1'h & SITE
INFRASTRUCTURE WORK ELECTRICAL DUCT BANK AND WATER MAIN 5801.660.00
VILLAGE CIVIC CENTER SITE & SITE, INFRASTRUCTURE WORK PHASES 1, 2, 3 & 5
(INCLUDING STATE SCHOOL "FF" SANITARY SEWER FORCE MAIN)
CONSTRUCTION MANAGER'S CONSTRUCTION PHASE FEE $62,630.00
CONSTRUCTION MANAGER'S OVERHEAD & PROFIT $67,483.00
CONSTRUCTION BUDGET BALANCE S1,459,011.00
OWNER'S CONSTRUCTION BUDGET - VILLAGE CIVIC CENTER SITE & SITE
INFRASTRUCTURE WORK S1.589.124.00
VILLAGE COMMUNITY CENTER (RECREATION CENTER)
CONSTRUCTION MANAGER'S CONSTRUCTION PHASE FEE 5564,455.00
CONSTRUCTION MANAGER'S OVERHEAD & PROFIT S422.814.00
CONSTRUCTION BUDGET BALANCE S8,831,401.00
OWNER'S CONSTRUCTION BUDGET - VILLAGE COMMUNITY CENTER
(RECREATION CENTER) S9.818.670.00
OWNER'S TOTAL CONSTRUCTION BUDGET (ALL PHASES) $23,227,082.00
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
-4-
THIS AGREEMENT, is made and entered into this i
day of
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 ADO a - .v , 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 2 of 9
located at McIntyre 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 all 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
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.
9. 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 5of9
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, does hereby 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
8_,t2Q-c (it ila-t)4)
kiLeY- iA,
STATE OF FLORIDA)
COUNTY OF DADE )
The foregoing instrument was acknowledged before me this M�� day of
Augu5-}- , 2002, by Merrett 11 5+ierhei m , Superintendent of Schools
who is personally known to me or who have produced as
identification and who did take an oath.
day of qua, 2002.
THE S HOOL BOARD OF
MI' i, p ' i COUNTY, FLORIDA
y:
Merrett R. Stierheim,
Superintendent of Schools
f: r t e Scho• : • and
ade County, ' to ida
NOTARY PUBLIC
Sign a. biz
Print Lisa H I-bro s
State of Florida at Large (Seal)
My commission expires:
LISA H. HARRIS
Prim ; . MGtary Pablit, Sate qt Flailda
PI? ctr�+,. Ezplies July 05, 2C05
Ho. DD &39509
600,01i thru Arthur J. Gallagher & Co.
Page 8 of 9
Signed, witnessed, executed and acknowledged this
Witnesses:
Sign aPa kqa„ka01
Print f\fl r' de
Sign
Print
FLOMM
STATE OF FLORIDA)
)
COUNTY OF DADE )
The forgoing in
2002,
me or who have produced
take an oath.
NOTARY PUBLIC
I
SignL---"Airl/k. -
Print i-1M-- (O/1EZ
ackn
3
day of 6-1:, 2002.
Village of Key Biscayne
t
efebi
Village Clerk
Approved as to Legal Suffjciency:
I
Village Attorney
o before me this /6/ day of
�"ikryti are personally known to
as identification and who did
State of Florida at Large (Seal)
My commission expires:
103001\agreements\ioint participation agreement with miami-dade county
MAYRA F. GOMEZ
(� MY COMMISSION # DD 002789
EXPIRES: Feb 20, 2005
1 -800 -3 -NOTARY FL Notary Service & Bonding, Inc
Page 9 of 9