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Home My Public Portal About1999-45 Authorizing agreement with E.S.P. of South Florida, IncRESOLUTION NO. 99-45 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO ENTER INTO CONTRACT WITH E.S.P. OF SOUTH FLORIDA, INC. FOR THE INSTALLATION OF LIGHTING FIXTURES IN CONNECTION WITH TRAFFIC CALMING DEVICES LOCATED ON WEST MASHTA DRIVE AND HARBOR DRIVE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the installation of accent landscaping lighting fixtures will compliment the recently constructed traffic calming devices located on West Mashta Drive and Harbor Drive; and WHEREAS, the installation of accent landscape lighting fixtures will compliment the recently approved landscape plan; and WHEREAS, the installation of accent landscape lighting fixtures will aid in calming traffic and improve safety. NOW, BE IT RESOLVED BY THE VILLAGE COUNCIL 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 E.S.P. of South Florida, Inc., for the installation of lighting fixtures in conjunction with traffic calming devices located on West Mashta Drive and Harbor Drive. Section 2. Funding for the entire project, installation of landscape materials, and accent lighting fixtures, is available in the Capital Improvement Fund: Interest Income, Harbor Drive, and Traffic Calming line items. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 1 lth day of May 1999. CONCHITA H. ALVAREZ, CMC, VILLAGE C APPROVED AS TO FORM AND LEGAL SUFFI RICHARD J. WEISS, VILLAGE ATTORNEY MAYOR JOE I. RASCO VILLAGE OF KEY BISCAYNE AGREEMENT FOR SERVICES zvl y THIS AGREEMENT, made and entered into on the t day of.14afay 1999 by and between the Village of Key Biscayne, Dade County, Florida, party of the first (hereinafter called "Village"), and E.S.P. of South Florida, Inc. , party of the second part (Hereinafter called "Contractor"); RECITALS The VILLAGE wants to engage the CONTRACTOR to perform certain services as described in accordance with paragraph 1, scope of services to this Agreement ("Specified Services"). The CONTRACTOR wants to provide such Specified Services in connection with the installation of lighting equipment for traffic calming devices located on West Mashta Drive and Harbor Drive. In consideration of the mutual covenants in this Agreement, the parties agree as follows: 1 SCOPE OF SERVICES A. The CONTRACTOR agrees, as directed by the Village Manager, to perform the following services: - Provide the Village of Key Biscayne with the installation of lighting materials in conjunction with the traffic calming devices located on West Mashta Drive and Harbor Drive. (Attached as Exhibit A) 2. FEES FOR SERVICES The CONTRACTOR agrees to charge the VILLAGE for Specified Services provided in accordance in Exhibit A in an amount not to exceed THIRTY-NINE THOUSAND, NINE - HUNDRED AND NINETY-SIX dollars ($29,000.00). The Village shall pay CONTRACTOR in full when project is 100% complete. In addition, said CONTRACTOR shall guarantee workmanship for one year. 3 TERM The term of this agreement is 12 months unless terminated pursuant to paragraph 7 or extended pursuant to paragraph 9. 4. GENERAL TERMS AND CONDITIONS The VILLAGE reserves the right to increase or decrease the quantity of items installed with appropriate adjustments to the contract price. 5. ASSIGNMENT This Agreement shall not be assignable by the CONTRACTOR. 6. PROHIBITION AGAINST CONTINGENT FEES The CONTRACTOR, warrants that it has not employed or retained any company or person, other than a bonafide employee 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, continent upon or resulting from the award or making of this Agreement unless approved by the Manager of the Village of Key Biscayne. 7 TERMINATION This Agreement may be terminated by the VILLAGE upon ten days' written notice with or without cause by the CONTRACTOR upon 45 days' written notice with or without cause. If this agreement is terminated, the CONTRACTOR shall be paid in accordance with the provisions of Paragraph 2 of this contract for all acceptable work performed up tp the date of termination. 8. NONEXCLUSIVE AGREEMENT The services to be provided by the CONTRACTOR pursuant to this Agreement shall be nonexclusive and nothing herein shall preclude the VILLAGE engaging other firms to perform the same or similar services for the benefit of the VILLAGE within the VILLAGE'S sole and absolute discretion. 9. ENTIRE AGREEMENT The parties hereby agree that this Agreement between the parties. This Agreement cannot be amended or modified without the express written consent of the parties. 10. 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. The CONTRACTOR shall furnish proof that he has Worker's Compensation Insurance as required by Chapter 440, Florida Statutes and, where applicable, coverage for the U.S. Longshoremen's and Harbor Worker's Act and the Jones Act. The CONTRACTOR shall also furnish proof that he has Contractual Liability Insurance and Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with this work, in an amount no less than $1,000,000 per Occurrence for Bodily Injury and Property Damage combined. 11. ATTORNEY'S FEES In connection with any litigation arising out of this Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and costs. This provision shall exclude all litigation resolved by agreement of the parties. 12. NOTICES All notices and communications to the VILLAGE shall be in writing and shall be deemed 2 to have 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 85 West McIntyre Street Key Biscayne, Florida 33149 Richard Jay Weiss, Esq. Village Attorney Weiss Serota & Helfman, P.A. 2665 South Bayshore Drive Suite 204 Miami, Florida 33133 E.S.P. of South Florida, Inc. 324 N.W. 170 Street North Miami Beach, Florida 33169 (305) 653-5120 14. GOVERNING LAW This Agreement shall be construed in accordance with the laws of the State of Florida. 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: VILLAGE: E.S.P. of South Florida, Inc. Village of Key Biscayne 324 N.W. 170 Street 85 West McIntyre Street North Miami Beach, Florida 3 x'69 Key Biscayne, Florida 33149 By: on . a, nc. Print Name:fi •, .� (/..f (T7 ,-( t c Attest: Village Manager / Attest: -, Print Name: v J:\'. a/,161\.‘4.) Ilex Authorized by the Village Council on May 11, 1999. 3 EXHIBIT "A" Installation of Landscape Lighting Fixtures in Connection with Traffic Calming Devices Located on West Mashta Drive and Harbor Drive Scope of Work 1. To furnish and install an underground system to provide power to accent landscape lights on five (5) traffic calming circles and/or median dividers on Harbor Drive from Crandon Blvd. to West Mashta Drive, and on five (5) traffic circles and/or median dividers along West Mashta Drive from Crandon Blvd to Harbor Drive. 2. To furnish and install ten (10) new feeders. 3. Furnish and install (2) two in -ground J -boxes at one within 5 ft of FP & L pole and another one on the circle next to sleeve location. A ground rod shall remain at the J - box next to the FP & L pole. Furnish and install in line weatherproof service fuse in J- box next to FP & L pole. Fuse -fuse holder combination shall oe ated for disconnect in -use. 4. Install three (3), five (5), or six (6) accent landscape lights on each of the ten devices. 5. All permit expenses are included. 6. Furnish and install weatherproof toggle switch/ photo cell combination at each lighting cluster location. 7. Furnish and install underground conduit and wiring (including ground wire) to FP & L pole and accent landscape lighting. 8. Furnish and install wiring (including ground) and guard channel going up 15 ft on the FP & L pole. Leave 5 ft slack at the top end for FP & L connection. 9. Delete (10) new service points including: the main disconnect, load center, contractors, time clocks, photo -controls, meter can and weather -head. 10. To furnish and install all material and services required to fulfill the intent of the plans and specifications. 11. Installation subject to electrical inspectors code approval.