12/19/2001 Agreement tipOUNTyc,3►
OMCUiQ•GOG
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CLERK OF THE CIRCUIT COURT
MONROE COUNTY BRANCH OFFICE
BRANCH OFFICE PLANTATION KEY
MARATHON SUB COURTHOUSE MONROE COUNTY COURTHOUSE GOVERNMENT CENTER
3117 OVERSEAS HIGHWAY • 500 WHITEHEAD STREET 88820 OVERSEAS HIGHWAY
MARATHON,FLORIDA 33050 KEY WEST,FLORIDA 33040 PLANTATION KEY,FLORIDA 33070
TEL.(305)289-6027. TEL.(305)292-3550 TEL.(305)852-7145
FAX(305)289-1745 FAX(305)295-3663 FAX(305)852-7146
MEMORANDUM
TO: James T. Hendrick,
County Attorney
ATTN: Jan Hotalen
FROM: Isabel C. DeSantis,
Deputy Clerk • /t)-'
DATE: Wednesday, January 09, 2002
At the BOCC meeting on December 19, 2001,the Board granted approval and authorized
. execution of a Reimbursement Contract between Monroe County and KW Resort Utilities Corp.
for the preparation of engineering plans needed for the expansion of the Utility's wastewater
collection infrastructure into south Stock Island.
Attached hereto is a fully-executed duplicate original of the subject document for your
handling; Should you have any questions concerning this matter, please feel free to
contact this office:
Copies:
Finance
County Attorney
File
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~EIM~URSEM~NTCOBTRACT
KW Resort Utilities Corporation
THIS CONTRACT is entered Into by and between Monroe County, a political
subdivision of the State of Florida, whose address Is 1100 Simqnton 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
UTIUTY, for the reimbursement by the County to the UTIurv for t~ preparation of
engineering plans needed for the expansion of the UTIUTY's wastewater collection
Infrastructure Into south Stock Island.
WHEREAS, the UTILIlY 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 UTtUTY 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 Weller 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 UTlLIlY
from Weller. A copy of that proposal is attached to this contract as Exhibit A and
made a part of the contract.
2. The UTIUlY must enter Into a binding contract with Weiler, or a
similarly professionally qualified PE firm, by December 31 , 2001, for the
engineering services described in Exhibit A. The County will reimburse the UTlU1Y
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 UTIUTY. 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 Ideflclency.
b) The County will reimburse the UTILllY In the followln9 amounts for the
following engineering services: ·
1) survey
2) design and permitting
3) bidding
4) .' construction
administration Pi certification
5) reimburs.able expenses Including
prints aAd application fees
$35,00.0 ":
$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&."
(1)
(2)
(3)
(4)
(5)
a sealed survey sufficient for design and permitting of any
phase of the Project has been delivered;
all required permits for any phase of the designed Project
have been Issued;
a construction contract for any phase of the Project has
been bid;
construction of the Project Is substantially complete; and
the 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 beneftclal Interests or r1ghts In third parties. The
UTIUTY agrees that Weller (or whomever Is employed by the UTIUlY 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 Weller (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
UTIUlY'S contract with Weller or with whomever the UTlUlY 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, dQcuments, and otherework product, however formatted, that are created pursuant to the UTIUlY'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
UTIUTY and will further obligate the UTIUTY 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 ~e Publ1c Service
Commission to calculate a reasonable return on Invested capital. The UTIUTY
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 December 31 , 200L, whichever
occurs first. After December 11 , 200...l.., 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 _
December 31 , 2001-. 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 UTIUTY 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 e. Exhibit B Is made a part of the contract.
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3
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.
~~ :'~~EOF. the parties hereto have set their h~nds and seals on
/~i.}? r~i'.:;~;;;',> ~~ BOARD Of COUNlY COMf!lISSIONERS
il~~~\Q:~Nr\.~:~OLHAGE, CLERK OF MONROE COUNTY ORIDA
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ATTEST:
KW RESORT UTIUlY CORPORATION
By
BVitt~
, President
Date:
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JAN-08-02 11,55 FROM,MONROE COUNTY ATTY OFFICE
ID,3052823516
PAGE
2/2
I, 0,1111} t,-t/f. L
e k \ c- CL1}-l)) -:t:.L
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of the city
of
accc>rdlng to law on my oath, and under
penalty of perjury, depose and say thatj
1) I am~eSl J~6 f? ~ 1;0 ~ ~ L~ /, hB f C;:/:;Idder making the
Proposal for the project described as fonows:
R ~i c,Vt bU~:J'~"n~"J- CcVrh~tld-
S~uil5~ci Z;~w1
2) The prices in this bid have been arrlveJi at Independently without collusion,
consultatIon, communication or agreement for the -purpose of restricting competition, as
to any matter relating to such prices with any other bidder or with any competitor;
3) Unless otherwise required by law, the prices which .have been quoted In thisj:)td
have not been knowingly disclosed by the bidder and will not knowingly be disclosed by,. ._'
the bidder prior to bid opening, directly or indirectly, to any other biader 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 affida vit arB true and correct, and made with
full knowledge that Monroe County relies upon thl9 truth of the statements contained In
this affidavit in awarding contracts for said project. .
COUNlY OF
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(Signature of Bidder) .
1- ~- OZ-.
DATE
STATE OF
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PERSONALLY APPEARED BEFORE ME, the undersigned authority,
ttVllilRt11 i'~ ~N!7H, 112. who, afterfJrst being swom by me, (name of
Indl'lldual signing) affixed his/her signature In the space pro'ltded above on this
B111 day of 1l:JNUIf;ey .ji.' o~
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NOTA~Y PUBLIC
My commission expires:
OMS - MCP FORM #1
EXHIBIT B
-offICIAL SEAL.
ClAIA A. CHOW
~ _rot. __ otIl7tIN
THE WEilER ENGINEERING
CORPORATION
"Excellence In Engineering"
20020 Veterans Blvd., Suite 7-9
Porr Charlotte, FL 33954
(941) 764-6447 ph
(941) 764-8915 fax
October 22, 2001
Mr. William Smith, P .A.
Key West Resort Utilities
11 East Adams Street, Suite 1400
Chicago, III 60603
Re: Proposal for Engineering Services - Key West Resort - Collection System
Expansion
Dear Mr. Smith:
Pursuant to your request, the following is a proposal by The Weiler Engineering
Corporation to provide professional engineering services to expand the Key West Resort
Utilities - Collection System to serve Stock Island.
Our general understanding of this project includes preparation of plans and
documentation necessary to permit and construct a vacuum collection system on South
Stock Island based on the Master Plan prepared in 1998 by WEC (copy included)..
Pursuant to your request this Proposal includes:
. A preliminary estimated cost of construction to complete the expansion.
. An estimated schedule and fee to complete plans, reports, and documentation
necessary for regulatory approval and construction to expand the collection system
utilizing a vacuum system to service Stock Island.
, Preliminary Construction Cost Estimate
We have spoken with representatives from AirVac and they are confident that the 1999
estimate should be relatively accurate today but I feel that the numbers should be adjusted
EXHIBIT A
coll<Ction el<p8IlSion - stock island 200 1
1
by approximately 15% for budgetary purposes. It is hard to tell where we might be able to
reduce costs right now but I am confident that it will be possible to adjust costs once the
design is further along and we have had a chance to consider alternatives. This estimate
does not include costs to install services or to modify existing systems not currently
controlled by KWRU or for property acquisitions.
Based on the information we have at this time, following is a preliminary construction
cost estimate completed in 1999 and adjusted by 15% to 2001 prices to expand the
sewage collection system. The estimate is divided into three phases as follows:
Preliminary Estimated Opinion of Cost
Phase I - $2,481,208
Phase II - $1,151,073
Phase III - $767,269
collection expamion - Slock island 200 I
2
SCOPE OF ENGINEERING SERVICES
The design and permitting for a phase can be started once the survey is complete for a
particular phase. We estimate that the survey for the first phase can be completed in
approximately 30 days after the date of execution and the second and third phases in
approximately 45 days for a total of75 days.
Each phase will take approximately 30 to 45 days to complete the design and
approximately 60 days for the Florida Department of Environmental Protection to issue a
permit and 30 days should be allowed for County review. Once the design for the first
phase is complete and in for permitting the second phase can begin.
Design and Permitting - Collection System
The scope for each phase (based on the preliminary design) of the collection systems
expansion may vary slightly but will generally include:
. Coordination and meetings with client, operator, the County, the Florida Department
of Environmental Protection and other associated regulatory agencies.
. Pre-application meetings with the associated regulatory agencies.
. Prepare a topographic survey of area in which work is to be completed.
. 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 drawings and
lift station plans and ~etails if necessary
. Preparation of reports and applications necessary for submittal to the Florida
Department of Environmental Protection and Monroe County.
. Responding to regulatory concerns during permit review.
Bidding
Bidding should begin once the permit is complete and wi11likely require 60 days for the
first phase and might be reduced for phases two and three. During the Bidding phase
WEC will:
Assist client to prepare bidding documents, to collect bids from qualified contractors,
respond to questions from Contractors during bidding, prepare bid tabulations and
make recommendation to client.
collection ..pansion . stock island 200 1
4
Construction Administration and Certification
Construction should begin within thirty days of completing the bidding phase and will
likely take 12 months to complete the entire project if all phases proceed without
interruption.
During the Construction Phase services will include:
. Attend pre-construction meetings.
. Review shop drawings and other documentation submitted by Contractor.
. Review Change Orders and make recommendations to Owner.
. Review pay requests and make recommendations to Owner.
In order to assure compliance and certify the system complete in accordance with
chapter 62, FA C, it will be necessary to provide on-site observation during construction,
testing and at startup. WEe will provide an estimated fee for observation after a
contractor is chosen and a construction schedule determined. Additionally, WEC will
coordinate inspection/observation efforts with Client and Operator in order to reduce
costs for this task.
Upon completion of construction, WEC will:
. Make recommendation for Final Payment
. Prepare Record Drawings based on information supplied by Contractor, Contractor's
surveyor and WEC inspector.
. Prepare Certificates of Completion to Regulatory agencies.
Based on the information available to us at this time and the preliminary plan included
with this proposal, an estimate of the total professional fees for all three phase is as
follows:
Survey
$35,000.00
Design and Permitting
Bidding
Construction Administration and Certification
Reimbursable Expenses including
Prints & Application fees
$94,750.00
$16,750.00
$46,800.00
$6,000.00
Total Fees for Design, Permitting & Certification
Not including construction observation
$199,300.00
collection expansion - stock island 200 1
5
Additional work, if required or requested, will be billed according to the
following schedule of fees.
Professional Engineer
Project Engineer (E.LT.)
Senior Designer
Construction Inspector
_ Design Technician
Cadd Technician
Manual Draftsman
Clerical
$105.00 per hour
$85.00 per hour
$75.00 per hour
$55.00 per hour
$65.00 per hour
$55.00 per hour
$35.00 per hour
$25.00 per hour
Miscellaneous Reimbursable Expenses
Blueprints
Reproducible Mylar
Overnight mail
Transportation to Key West
Overnight Lodging
$ 2.00 per sheet
$25.00 per sheet
cost + 15%
$250.00 per person per trip
$250.00 per person per night
Outside services, if required, will be billed at invoice plus 15 % handling and are not
included in lump sum fees or estimates. In addition, unless otherwise indicated this
proposal/contract does not include permit application fIling fees, reproduction costs,
construction supervision or construction surveying, aerial photography services, costs
incurred as a result of manipulation or encroachment of easements, alleys or right-of-
ways, off-site improvements other than indicated, environmental impacts, costs
associated with traffic engineering or studies or costs incurred as a result of non-
compliance not caused by WECo
INVOICES: Progress invoices will be submitted to the client monthly and a fInal bill
will be submitted upon completion of the services. Each invoice is due on presentation
and is past due thirty (30) days from invoice date. Client agrees to pay carrying charge
of one and one-half percent (1 1/2 %) per month on past due accounts. In addition,
Client agrees to pay any and all fees or costs (including but not limited to court costs
and reasonable attorney' fee's) required should collection proceedings be necessary.
LIMITATION OF LIABILITY: The liability of the Design Professional and any of the
Design Professional's consultants to the Client, for any actions, damages, claims,
demands, judgments, losses, costs, and expenses arising out of or resulting from the
Design Professional's or its consultants' negligent acts, errors, or omissions is limited
to the amount of the professional liability insurance maintained by the Design
Professional and available at the time of determination of liability. Consultant
currently maintains $1,000,000 professiona1liability insurance and agrees to maintain
like amount throughout the term of the project. The client agrees not to personally
charge any employee of WEC with any liability arising out of the performance of this
Agreement.
collection "'ponsion - stock island 200 I
6
CONTRACT ASSIGNMENT: This Proposal/Contract is for the exclusive use of the
client and is not assignable to or assumable by any third party without prior written
consent of this firm.
TERMINATION: Either party upon 30 days written notice may terminate
this agreement at any time. Client agrees to pay WEC all moneys due at
time of termination and to complete any work that may be necessary to
satisfy termination.
TERM: This proposal is valid for thirty (30) days from the date indicated
above. WEe reserves the right to renegotiate the fees set forth above if this
proposal is not approved within thirty days and, ifafter executing the
contract the project is put on hold or delayed (not caused by WEC) for
more than sixty (60) days.
The Weiler Engineering Corporation or its officers reserve the right to suspend or
terminate work under this agreement upon failure of the client to pay invoices as due.
Please sign and date below and return a copy with the required retainer to us as our
authorization to proceed.
APPROVED:
CLIENT
DATE:
DATE:
The Weiler Engineering Corporation
R. Jeff Weiler, P.E., President
Weiler Engineering agrees that while
for these expenses by Monroe County,
reimbursement or payment from Monroe
Utility for payment.
Utility Company is being reimbursed
Florida. Weiler shall not seek
County. but shall only look to
collection ...pansion - stock island 200 1
7
JAN-08-Z00Z 11:38 FROW-
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at e ~\ c..~) -::..L ~In& to .. on my oatft, l1li" "..d.
penalty of perJurr, de.... and tNIJ thati
( ,,"~p,
fl thlbJdW_klnu the
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2) The P*- in tbb bkf haw been arriwllatlndependanllv....out coIluafort.
COfI$UIAtIon, CGIIIIIhmfcatio or agreement forthe-puipo$p Qf I'e$bkMng CGnIpIIition,lS
10 "flY mattet ,....." to -- ..... wiUa ..., OIftcr bIIIctar or wIUI MJ CGIIIpIItftor.
, 3) Un.... otMrwbie fllqufnlcl by Iiw, the prk:es which ~ been quoted 1ft iii.. bid
have not been 1cnowI..." dlllGlosad ..,. the bidder atld wltl nQt Icnowingty be d~ by
the bidder prior to bid opqtns. dlrectfy at Indirectly, to any oUw bi4dttr or Iq any
competitor. and '
41 No llltanplhali -...n mad- or WID ... mida by thtt bidder to Induce any OCher
penion. JIi1rtnerahlp or t:OI'pOIation to 5uJamlt. or not 10 sJlbtnft. iI bid fCH'the pqtpDse of
restrfcting campatiUal1;
5) The atatemonts CQftt;ainecf in this aIIicfIlfit ani true and corntt;t, and mackt wfttI
full knowIedse thll Monra Coa~ qliea IIpDn thl9ln1th Of lIIe RUemcnCS. contiIIned In
thfa affidavit in a_rdina conlraAs far AId proJact. '
STATE OF
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DAlE
COUNTY OF
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PERSONALL.Y APPEAReD BEFORE Me. th4t gnclaralgnad authority,
'AlllLlfl M. [~ ~ Ai( T f/ I 112. . who. after find being -.. by me, (na.... tit
IndMcluif ala......) dfxecI Naltler algn-.,.In tho 4fWlC:O pftWicloct Uova on Ibla
_..f51'H ckyof. -;JANUAjQ.Y .if- o'L .
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NOTARY PUBLIC
My e:ommJ5&Ion uphs:
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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 arrive~ at independently without collusion,
consultation, communication or agreement for the .purpose of restricting competition, as
to any matter relating to such prices with any other bidder or with any competitorj
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, directly or indirectly, to any other bidder or to any
competitorj 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
(Signature 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
.ci~
day of .r.
NOTARY PUBLIC
My commission expires:
OMB - MCP FORM #1
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