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Home My Public Portal About2001-78 Authorizing Contract with Architectural Landscape Lighting and South Florida Coastal Electric, IncRESOLUTION NO. 2001-78 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE CONTRACTS WITH ARCHITECTURAL LANDSCAPE LIGHTING AND SOUTH FLORIDA COASTAL ELECTRIC, INC. FOR THE PURCHASE OF LUMINARIES AND LAMPS AND FOR THEIR INSTALLATION ALONG EAST DRIVE AND EAST HEATHER DRIVE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, sealed bids, were received and opened at 2:00 p.m. on June 12, 2000 to purchase a total of 400 (SL -33) H.I.D. underground luminaries and lamps over the next two years; and WHEREAS, sealed bids, were received and opened on July 10, 2000 at 2:00 p.m.) to install the underground landscape lighting luminaries manufactured by Architectural Landscape Lighting; and WHEREAS, Resolution 2000-45 adopted August 29, 2000 awarded contracts to Architectural Landscape Lighting to provide underground landscape lighting fixtures; and WHEREAS, based on the bid submitted and the contract awarded to South Florida Coastal Electric, Inc. the Village amends the contract to include East Drive and East Heather Drive. NOW THEREFORE BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, AS FOLLOWS: Section 1. Awards the contracts for purchase of luminaries and lamps based on the June 12, 2000 bid, and installation to Architectural Landscape Lighting and South Florida Coastal Electric, Inc., respectfully, in amounts not to exceed $98,000 for East Heather Drive and East Drive. Section 2. The Village Manager and Village Attorney are authorized to execute the contracts and any additional documents in order to implement the beautification and safety project with Architectural Landscape Lighting and South Florida Coastal Electric, Inc. for East Heather Drive and East Drive. 1 Section 3. Funds to implement the aforementioned projects are included in the Capital Improvement Fund in an amount not to exceed $98,000. Section 4. This Resolution shall take effect immediately. PASSED AND ADOPTED this 13th day of November , 2001. MAYOR JOE I. RASCO Ar S C • ! A H. ALVAREZ, CMC, VILLAGE C APPROVED AS TO FORM AND LEGAL SUFF Ph\ r RICHARD JAY WEISS, VILLAGE ATTORNEY 2 VILLAGE OF KEY BISCAYNE AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT, made and entered into this c,j g� day of , 2001, by and between the VILLAGE OF KEY BISCAYNE (the "VILLAGE") and South Florida Coastal Electric, a Florida Corporation, (the "Contractor"). RECITALS: The VILLAGE wants to engage the Contractor to perform certain professional services in conjunction with lighting on East Heather Drive and East Drive (the "Project"). The Contractor wants to provide such services. In consideration of the mutual covenants set forth in this Agreement, the parties agree as follows: 1. Scope of Services The Contractor agrees to provide professional electrical installation services for the Village (the"Services"), consisting of the following: furnish all necessary labor, equipment and materials for the two (2) lighting jobs described in the proposals attached hereto dated October 20, 2001. 2. Fees for Services For satisfactory completion of services, the Contractor shall be paid in a lump sum basis in accordance with the following Fee Schedule: Project 1. East Heather Drive $21,300.00 2. East Drive $17,300.00 $38,600.00 3. Term The term of this Agreement shall be two (2) years, unless earlier terminated pursuant to paragraph eight or extended by written amendment to this Agreement. 4. General Terms and Conditions All original sketches, tracings, drawings, computations, details, design calculations, work papers and other documents and plans that result from the Contractor providing services shall herein be the property of the VILLAGE. Upon termination of this Agreement, or upon request of the VILLAGE during the term of this Agreement, any and all such documents shall be delivered to the VILLAGE by the Contractor. 5. Insurance The Contractor shall at all times carry the following insurance at the stated minimum amounts: Professional Liability $1,000,000 Workers Compensation 500,000 Public Liability and Property Damage 1,000,000 Automotive Liability and Property Damage 1,000,000 The VILLAGE shall be named as an additional insured on all of the above insurance policies. Each insurance policy shall state that it is not cancelable without written notice to the VILLAGE 30 days prior to the effective date of said cancellation. 6. Assignment This Assignment shall not be assignable by the Contractor. 7. Prohibition Against Contingent Fees The Contractor warrants that it has not employed or retained any company or person, other than a bonafide employee working solely for the Contractor, to solicit or secure this Agreement, and that it has not paid or agreed to pay any person(s), company, corporation, individual or firm, other than a bona fide employee working solely for the Contractor any fee, commission, percentage, gift or any other consideration, contingent upon or resulting from the award or making of this Agreement. 8. Termination This Agreement may be terminated by the VILLAGE upon ten days written notice with or without cause and by the Contractor upon 45 days written notice with or without cause. If this Agreement is terminated, the Contractor shall be paid for all acceptable work performed up to the date of termination. 9. Nonexclusive Agreement The services to be provided by the Contractor pursuant to this Agreement shall be nonexclusive and nothing herein shall preclude the VILLAGE from engaging other firms to perform the same or similar services for the benefit of the VILLAGE within the VILLAGE's sole and absolute discretion. 10. Entire Agreement The parties hereby agree that this is the entire Agreement between the parties. This Agreement cannot be amended or modified without the express written consent of the parties. 11. Additional Services Additional services shall be authorized by the VILLAGE in writing in advance and paid for on a time charge basis at the hourly rates agreed to prior to the work being performed. 12. Warranties of Contractor The Contractor hereby warrants and represents that all times during the term of this Agreement it shall maintain in good standing all required licenses, certifications and permits required under federal, state and local laws necessary to perform the specified services. All work to be performed by Contractor under this Agreement shall be diligently performed in a professional, businesslike manner. 13. Attorneys Fees In connection with any litigation arising out of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and court costs, including such fees and costs incurred in trial and appellate proceedings. The parties recognize that other provisions of this Agreement provide consideration for this provision. 14. Notices All notices and communications to the VILLAGE shall be in writing and shall be deemed to have been properly given if transmitted by registered or certified mail or hand delivery. All notices and communications shall be effective upon receipt. Notices shall be addressed as follows: VILLAGE: With a copy to: Contractor: C. Samuel Kissinger Village Manager Village of Key Biscayne 85 West McIntyre Street Key Biscayne, FL 33149 Richard J. Weiss, Esquire Village Attorney Weiss Serota Helfman Pastoriza & Guedes, P.A. 2665 South Bayshore Drive, Suite 420 Key Biscayne, FL 33149 South Florida Coastal Electric 12500 S.W. 195th Terrace Miami, FL 33177 14. Governing Law This Agreement shall be constructed in accordance with the laws of the State of Florida. Venue for any litigation arising out of this Agreement shall be in the Florida State Courts in Miami -Dade County, Florida. The parties hereby expressly waive any right to a trial by jury. 15. Indemnification The Contractor shall, at all times hereafter, indemnify and hold harmless the VILLAGE, its agents, servants and employees from and against any claim demand or cause of action of any kind or nature (including reasonable attorney fees) arising out of negligent act, error or omission of Contractor, its agents, servants, or employees in the performance of services under this Agreement. The VILLAGE shall indemnify and save harmless and defend the Contractor, its agents, servants, and employees from and against any claim, demand or cause of action of whatsoever kind or nature arising out of negligent act, error or omission of the VILLAGE, its agents, servants, or employees in the performance of services under this Agreement, only to the extent permitted by law. 16. Relationship of Parties Nothing contained in this Agreement shall be deemed or construed to create the relationship of principal and agent or of partnership' or of joint venture or of any association whatsoever between Contractor and VILLAGE, it being expressly understood and agreed that the relationship created by this Agreement is that of an independent contractor. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement upon the terms and conditions above stated on the day and year first above written. Contractor: South Florida Coastal Electric 12500 S.W. 195th Terrace Miami, FL 33177 VILLAGE: Village of Key Biscayne 85 West McIntyre Street Key Biscayne, FL 33149 By: /il��i�/ �/ � By: th Flori • a ' oastal Electric C. Samuel Kissinger Villa • = Manager Attest: Ap Authorized by Resolution 2001-78 , November 13, 2001. 0,Li