Item O04
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: December 19, 2001
Division:
County Attorney
Bulk Item: Yes 0 No 0
AGENDA ITEM WORDING:
Approval of Reimbursement Contract with KW Resort Utilities Corporation for the preparation of
engineering plans needed for the expansion of the Utility's wastewater collection infrastructure
Into south Stock Island..
ITEM BACKGROUND:
PREVIOUS RELEVANT BOCC ACTION:
CONTRACT I AGREEMENT CHANGES:
STAFF RECOMMENDAnONS:
TOTAL COST:
COST TO COUNTY:
BUDGETED: Yes 0 No 0
APPROVED BY:
County Attorney. OMB/Purchasing 0 RIsk Management 0
DIVISION DIRECTOR APPROVAL: ~.~
T. H DR! K
DOCUMENTAnON: Included 0 To Follow 0 Not Required 0
AGENDA ITEM #
1- {)L/
REIMBURSEMENT CONTRACT
KW Resort Utilities Corporation
THIS CONTRACf is entered into by and between Monroe County, a political
subdivision of the State of Florida, whose address is 1100 Simonton Street, Key
West, FL 33040, hereafter County, and KW Resort Utilities'. Corp., a Florida
corporation, whose address is 6450 College Road, Key West, FL 33040, hereafter
UTILITY, for the reimbursement by the County to the UTILITY for the preparation of
engineering plans needed for the expansion of the UTILITY's wastewater collection
infrastructure into south Stock Island.
WHEREAS, the UTILITY desires to expand its wastewater collection
infrastructure into south Stpck Island (the "Project"), an area presently served by
septic tanks and cess pits, a known source of near shore water pollution;
WHEREAS, the County declares such an expansion of the UTILITY's
infrastructure to south Stock Island is a public purpose;
WHEREAS, the County desires to assist the UTILITY in expanding its
wastewater collection infrastructure by reimbursing to the UTILITY its cost in
preparing the engineering design and permitting work needed by the expansion;
now, therefore,
IN CONSIDERATION of the mutual promises and benefits set forth below, the
parties agree as follows:
1. The UTIUTY 'agrees to employ the Weiler Engineering Corporation
(Weiler), or a similarly professionally qualified PE firm, to perform the engineering
services for the expansion of the UTILITY's wastewater collection infrastructure into
south Stock Island. A description of the necessary engineering services is set forth
in a seven page October 22, 2001 proposal to Mr. William Smith and the UTIUTY
from Weiler. A copy of that proposal is attached to this contract as Exhibit A and
made a part of the contract.
2. The UTIUTY must enter into a binding contract with Weiler, or a
similarly professionally qualified PE firm, by , 2001, for the
engineering services described in Exhibit A. The County will reimburse the UTILITY
for cost of the engineering services in the following manner:
a) All requests for reimbursement must be in a form satisfactory to the
County Clerk, must describe the engineering service for which reimbursement is
sought, state that the engineering service has been satisfactorily performed, furnish
evidence that the engineering service has been paid for by the UTILITY, and state
the reimbursement amount. Requests for reimbursement must be submitted to the
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Clerk in the first week of each month for work paid for in the prior month. When
the Clerk determines the request is satisfactory, the Clerk shall pay the
reimbursement to the UTILITY. For reimbursement requests that are satisfactory,
payment shall be made within 20 days of receipt. If the Clerk determines that the
documentation submitted in the request is insufficient or in some way deficient, he
shall return the request to the UTILITY for correction with an explanation of the
insufficiency/deficiency .
b) The County will reimburse the UTILITY in the followin~ amounts for the
following engineering services: .
1)
2)
3)
4)
5)
survey
design and permitting
bidding
construction
administration & certification
reimburs.able expenses including
prints aRd application fees
$35,000
$94,750
$16,750
$46,800
$ 6,000
As to each of the above services, no payment shall be due until the corresponding
product has been delivered, i.e.,
(1) a sealed survey sufficient for design and permitting of any
phase of the Project has been delivered;
(2) all required permits for any phase of the designed Project
have been issued;
(3) a construction contract for any phase of the Project has
been bid;
(4) construction of the Project is substantially complete; and
(5) tbe reimbursable product has been delivered.
In no case is the County's obligation to reimburse the UTILITY under this contract
to exceed $199,300. Travel expenses may only be reimbursed in the amounts set
forth in Sec. 112.061, FS.
3. The parties agree that this contract is for their mutual benefit only and
is not intended to create any beneficial interests or rights in third parties. The
UTILITY agrees that Weiler (or whomever is employed by the UTILITY for the
Exhibit A engineering services) may not seek payment for the engineering services
from the County, that the County is under no obligation to pay Weiler (or
whomever is employed), and that Weiler (or whomever is employed) may only look
to the UTILITY for payment. A sentence similar to the foregoing must appear in the
UTILITY'S contract with Weiler or with whomever the UTILITY employs for the
engineering services.
4. The Exhibit A engineering services are ultimately being paid for with
public funds. Therefore, the UTILITY agrees that all plans, documents, and other
work product, however formatted, that are created pursuant to the UTILIlY's
2
contract with Weiler (or whomever employed) are public records under Chap. 119,
F.S., and must be made available to members of the public upon request during
normal business hours (M-F, holidays excepted, 9 AM - 5 PM). A failure to make
such documents available to the public upon request is a material breach of this
contract and entitles the County to terminate the contract without liability to the
UTILITY and will further obligate the UTILITY to repay to the County any and all
reimbursement amounts previously paid.
5. The UTILITY agrees to not add, or attempt to add, the engineering
costs reimbursed by the County to its cost basis utilized by t.fie Public Service
Commission to calculate a reasonable return on invested capital. The UTILITY
further agrees not to use the engineering costs reimbursed by...the County in
calculating any impact fees, connection charges, or other like charges imposed on
UTILITY's customers.
6. This. contract commences on the signature date of the last party to
sign it and continues until the engineering services described in Exhibit A are
complete to the satisfaction-'of the UTILITY or until , 200_, whichever
occurs first. After , 200_, the County will be under no further
obligation, duty or liability to reimburse the UTILITY for any engineering services
performed after that date even though the services are described in Exhibit A,
unless the parties mutually agree in writing to extend the termination date beyond _
,200_. If the completion date for the Exhibit A engineering services
extends beyond one year from the effective date of this contract, then the County's
obligation to reimburse the UTILITY for those services performed after the initial
year is contingent on an annual appropriation from the County's Board of County
Commissioners.
7. All communications between the parties required by this contract
should be in writing and addressed to:
Monroe County Administrator
1100 Simonton Street
Key West, FL 33040
KW Resort Utilities Corp.
6450 College Road
Key West, FL 33040
Reimbursement requests to:
Danny L. Kolhage
Clerk of the Circuit Court
P.O. Box 1980
Key West, FL 33041
8. This contract is governed by the laws of the State of Florida. Venue
for any litigation arising under this contract must be in a court of competent
jurisdiction in Monroe County, Florida.
9. The UTILITY agrees to have its president (or CEO however
denominated in the charter or by-laws) execute the County ethics form attached to
this contract as Exhibit B. Exhibit B is made a part of the contract.
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10. Both parties have carefully read this contract and have had the
opportunity to obtain legal advice. Therefore, this contract is not to be construed
against, or in favor of, either party on the basis of authorship.
11. This written document is the contract that represents the parties' final
mutual understanding. This written contract may only be modified by a written
amendment signed by both parties.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals on
the date(s) written below. :
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COM~ISSIONERS
OF MONROE COUNTY, FLORIDA
By
By
Deputy Clerk
Mayor/Chairperson
Date:
ATTEST:
KW RESORT UTILITY CORPORATION
By
By
Secreta ry
President
Date:
jdconKWRUtility
4
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j-WWW P.004/0JO F-5T5
October 22, 2001
"::."':, ~'!il'n(t.. Tn EngjIlCCriT1~"
20020 YeuraJU Blvd.. Suire 7-9
Pon ClurloRlC. FL 33954
(941) 764-6447 ph
(~l) 764-8915 fu
THE WEILER ENGINEERING
CORPORATION
Mr. W1lliazn Smith, p .A.
" }(eyWm.ResonUtilities
1 1 East Adams Sneer., Suite 1400
Chicago, m 60603
.
.
Rc: Proposal for ~ Services - Key West Resort - Collection System
Rxpansion
Dear Mr. Smith:
Pursuant to your request, the following is a proposal by The Weiler Enginc:ering
CoIpOration to pmYidc professiOnal engineering services to expand the Key West Reson
Utilities - Collection System. to serve Stock Island.
Our general understanding of this projea includes preparation of plans and
documentation necessary tQ permit and OOnstruCt a vacuum collection S}'StCm on South
Stoclc Island based on the M8ster Plan prepared in 1998 by WEe (copYinc1uded)~
,
Pursuant to your request this ProPosal includes:
· A PI'climinary estitn.qted COst of consttUCtion to complete the expansion.
· An estimRted schedule and fee to complete plans, repons, and docun}~tatioD
D~ for rcguJatory approval and COnstnJclioD to C!JtpcJd the collection system
utili2:ing a vacuum S)'Stem to sen-icc Stock bland.
P~'fmfD~ry CoDStnlcdoD COlt Eltimate
We have spoken with representatives from AirVac and they are confident that the 1999
estimate should be relatively accunue today but I feel that the Dumbc:s should be adjUSted
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EXHIBIT A
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T-999 P.005/010 F-57~
by approximately 15% for budgetary purposes. It is hard to ldl where we might be able to
reduce COsts right now but I am confident that it will be pos.~Dle to lKljust COsts once the
design is funher along and we have bad a chance to consider altcrnatM:s. This estimate
does not include costs to install semces or to modify existing systemS DOl CUlTeQtJy
controlled by KWRU Or for property acquisitions.
Based on the information we have at this time. foUowing is a ~iyqinJUY constrI1Ction
cost estimate complered in 1999 and adjusted by 15% to 2001 prices to expand the
sewage coUection system. The estimate is divided into three phases as foUows:
Prelitniaary Estimated OpJnion of Cost
Phase I - $2,481,208 .
Phase n - Sl,lS1,q'73
Phase ill . $767;269
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MASTER WASTEWATl;RluN '
FOR
KEY WEST RESORT
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SCOPE OF ENGINEERING SERVICES
The design and pennitting for a phase can be staned once the $JtVey is complete for a
panicu1ar phase. We cstimtuc that the survey for the first phaSe can be completed in
approximately 30 days after the date of euqJtion and the second and thin! phases in
approximately 4S days for a total of75 days.
Each phase will take approximl1r"ly 30 to 45 days to complete the design aDd
approximately 60 days for the Florida Depamnent ofEnviImWlemal Protection to issue a
permit and 30 days should be allowed for County review. Once the design fui'the first
phASe is complete and in for pelmining the second phase can begin.
Design and Pern.itrl"2 - CoIIecIion System
The scope for each phase (t1ased on the pr~imin~lY design) of the collection systems
expansion may vary slightly but win genaa11y include:
· CooJdination and meetings with client, opaaror, the County, the Florida Departmenr
of Enviromncntal Protection and othtt associaIed regulatory agencies.
ePre-application meetings with the associated regulatory agencies.
· Prepare a topographic swvey of area in which work is to be completed.
e Preparation of existing conditions Plan and overall proposed Sewer Utility Plan
· Sewer Plan and Profiles and
· Details of items not necessarily apparent on the larger scale dmwings and
lift station plans and details if Df".t'P.<Iczary
· Preparation of repom"1U1d applications necessary for submittal to the Florida
Dcpanmcnt ofEn~eatal Protection and Monroe County.
e Responding to reguhuory concam during pennit review.
Bidding
Bidding should begin once the peonit is complete and willlikdy requite 60 days for the
tirsl phase and might be reduced for phases two and three. During the Bidding ~
WEC will:
Assist clieut to prepare bidding documents, to collect bids from qualified cOntracUmr,
respond to questions finm Contractors during bidding, pJep3lc bid tabulations and
make rc:comml'J1tJation to client.
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Construction AdlDinistration and Certification
Construction should begin within thiny days of completing the bidding phase and will
likely take 12 months to complete the entire project if aU phases proceed wilholU
imc:rruption.
During the Construction Phase services wiD iucIudc:
· Attend p-e..comuuaion meetings.
· Review shop drawings and other documppm1on sulmUued by Contraetor..
· Review Change Orders and make~OD$ to Owner. '..
· Review pay requests and make rcctJ.. II I lendations to Owner..
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In order 10 assUre compliance and cenifY tlu: S)G1em complete in QCCOTt:/ance with
c/uzp1Br 62. F-cC. it will be necsuary 10 p7'Dvids on-nre obsenwion Jw.;"g COPUfnlCIio1l.
testing and al Slanup. WEe will]J1'OVkk an esrim4led fee /br observation aJrer a
con1rQctor u c},o.ren and a'i:01U~ scAedu1e determined. AddItionally. WECWil/
coordintue i1l.rpeC11onlobserval/on effOm wilh Client and Operator In orcler 10 reduce
COS13 for IRis task.
Upon completion of construction. WEe wiD:
· Make l'CCOJ4wendatioD for Final Payment
· Prepare RCCOrd Drawings ba3c:d on information supplied by Contractor) COIUrl!ctorts
SUIVeyor and WEe inspecror.
· Prepare Certificates of Completion to Regulatory ag01cies.
Based on the information aya!lable to WI at this time and the ~ plan inchxJed
with this ~ an estimate of me tofal prof~al fees for.u lbrcc phase is as
follows:
Survey
$35,000.00
S94, 750.00
$16,750.00
$46,800.00
$6,000.00
Design aDd PennJttfng
Bidding
CoDStnldioJl ~tion and Certification
RdmhlUSable Expen.es iudlldiug
PrinCl &: AppIkatfcm rees
Total FeesrorDeslgu, Permitting It Cettiacation $199,300.00
Not iDdadiag collSCnlctioll oIJsenadou
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Additional work, ifrequired or requested. will be billed according to the
following schedule of fees.
Professional Engineer
Project Engineer CE.I.T.)
Senior Designer
CoDSttUction Inspector
,Design TecbDician
Cadd TechDician
Manual Draftsman
Clerical
$105.00 per bout
$85.00 per hour
$75.00 per hour
$55.00 per hour
$65.00 per hour
$55.00 per hour
$35.00 per hour
$2.5.00 per hour
.
.
Misn>J1aneous RehnblirsabJe Expmsa
Blueprints
Reproducible Mylar
Ovemigbr mail
Transponadon to Key west
OvemigbrLodging
$ 2.00 per sheet
m.oo per sheet
cost + 'lSIi
$2SO.00 per person per trip
S2S0.00 per ptI'SOD per night
Outside services, if teqUired. will be billed at invoice plus 15% ru.nclling and are QOt
included in lump sum fees or estima~. In atJdirioD, UDless otherwise indi~ 1f1js
proposaIlcoDUaCl does not i~ude permit applicalion filing fees. reproduction costs.
consrruction supervisIon or consuuctioD surveying, aerial photography services. costs
incuned as a result of manipulatioD or eocroatohuJent of easements. alleys or riglu-of-
ways, off-site improvemenrs other than indicated, environlT1P.l1tal impacts. COS[$
associaled with traffic etJgjrlN'ring or smdies Or COSts incuned as a result of non-
compliance DO[ caused by WEC.
INVOICES: Progress invoices will be suNnintd to [be client monthly and a fiDal bill
will be submitted upon completion of me services. Each invoice is due on PfPMWauoa.
and is past due thiny (30) days from Utv9ice dare. CJJenr agrees to pay canying cbarge
of one llIld one-ha1fpercem (1112~) per mouth on past due accounts. In ad~ition.
Client agrees to pay any aud aU fees Or COStS (mcJudiDg but DOt limited to COUlt costs
and reasonable attoniey fee's) required should collection proceedings be ~wy.
LIMlTATION OF LIABILITY: The liability of rhe Design Professional and any of the
Design Professional's COnq,J~ ro the a.iem. for any ~, damages, claUm,
~~nrJs. j~, losses. costs, and expenses arising om of Or Iesubing from the
Design ProfessioPaJ's or Us CODSullamst uegUgem actS, emus, or omissions is liwiled
10 the amount of lbe professional liability insurance tmintained by the Design
Professiona1 and available at the thne of ~ of liability. CouQJ1tam
CUrreutly mafnr~ins $1,000,000 professionalliabiIity insuraDce and agrees to ~jl1!aio
like amDUlU throughout the renn of the project. The diem agrees not to peISOna11y
charge any employee of WEe with any liability arising 0lU of the performance of this
Agreemem.
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CONTRACT ASSIGNMENT: This PropQsauComracr is for the exclusive use of the
cliem and is not a~lIfgDable to or assumable by any third pany wirhout prior Wrinen
COnsent of this firm.
TERMINATION: Either pany upon 30 days written QOrfce may W1nina~
this agrcf:1lkou1 allUJy bmc. CUem agrees ro pay WEe aU IDODeys due al
time of renni~1ion aDd to complcre any work dw may be 11fI(:tsSiU}' to .
satisfy tenniDation. . .
TERM: This prDposa1 is va1fd for lbiny (30) days from the dare frvJj"ired..
above. WEe resenes me rigJu to renegotiate rile fees set tDrth above if this
Proposal is uorapproved within thirty days and. if after execwing Uie
CODttact the project is PIll OD hold or delaYed (DOt caused by WEC) f9r
DJOre than sixtY (60) days.
The Weiler ~eeriDg eorponuioq Or in o1ticers reserve the right 10 SU$pCZJd or
terminate wort UDder this agreemem upon failure of the cliem ro pay invoices as due.
Please sign and date below and retUrn a copy with the required mainer to us as our
authorization to proceed.
APPROVED:
CLIENT
DATE:
T1acW"~. [.Wc~
R. Jetr WeiJeT; P.E., Presidaat
DATE:
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I,
of the city
of
according to law on my oath, and under
penalty of perjury, depose and say that;
1) I am
Proposal for the project described as follows:
. the bidder making the
2) The prices In this bid have been arrlve~ at Independently without collusion,
consultation, communication or agreement for the .purpose of restricting competition, as
to any matter relating to suC;h prices with any other bidder or with any competitor;
3) Unless otherwise required by law, the prices which have been quoted In this bid
have not been knowingly disclosed by the bidder and will not knowingly be disclosed by
the bidder prior to bid opening, dlrectiy or Indirectly, to any other bidder or to any
competitor; and
4) No attempt has been made or will be made by the bidder to Induce any other
person, partnership or Corporation to submit, or not to submit, a bid for the purpose of
restricting competition;
5) The statements contained in this affidavit are true and correct, and made with
full knowledge that Monroe County relies upon the truth of the statements contained In
this affidavit In awarding contracts for said project.
STATE OF
(Slghature of Bidder)
COUNTY OF
DATE
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
who, after first being sworn by me, (name of
Individual signing) affixed hlslher signature In the space provided above on this
day of
.19
NOTARY PUBLIC
My commission expires:
OMB - MCP FORM #1
EXHIBIT B