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HomeMy Public PortalAbout1994 Street Tree Plan.tifRESOLUTION NO. 94-8 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO DIRECT THE UNIVERSITY OF MIAMI SCHOOL OF ARCHITECTURE, CENTER FOR URBAN AND COMMUNITY DESIGN, TO UNDERTAKE A SIX WEEK STUDY RELATED TO RIGHT-OF-WAY IMPROVEMENTS; ALL FINDINGS AND CONCEPTS SHALL BE PRESENTED TO THE VILLAGE COUNCIL; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: SECTION 1. That the Village Manager is hereby authorized to direct the University of Miami, School of Architecture, Center for Urban and Community Design, to undertake a six week study that will examine conditions and propose preliminary concept alternatives for street-scape and related right-of-way improvements necessary to accommodate both pedestrians and bicyclists for Harbor Drive, Fernwood Road, West Wood Drive, and West Mashta Drive as described in the attached revised proposal dated February 8, 1994. SECTION 2. That the University of Miami School of Architecture, Center for Urban and Community Design, is further directed to present all findings and concepts to the Village Council. SECTION 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 8th day of March , 1994. ATTES ;74/7k VILLAGE ERK J- J -,,, - R JOHN F. FESTA APPROVED AS TO FORM AND LEGAL SUFFICIENCY: 44 VI AGE ATTORNEY VILLAGE OF KEY BISCAYNE AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT, made and entered into on the I k day of 1 1994, by and between the Village of Key Biscayne, Dade County, Fl rida, party of the first part (hereinafter called "Village"), and University of Miami, School of Architecture - Center for Urban and Community Design, party of the second part (hereinafter called "Consultant"); RECITALS: The VILLAGE wants to engage the CONSULTANT to perform certain professional services as specifically described in accordance with paragraph 1, scope of services to this Agreement ("Specified Services"). The CONSULTANT wants to provide such Specified Services. In consideration of the mutual covenants set forth in this Agreement, the parties agree as follows: 1. SCOPE OF SERVICES a. The CONSULTANT agrees to undertake a six week study that will examine the conditions and propose preliminary concept alternatives for streetscape and related right-of-way improvements necessary to accommodate both pedestrians and bicyclists for Harbor Drive, Fernwood Road, West Wood Drive, and West Mashta Drive. The Study will be coordinated with the Village staff. Findings and concepts will be presented as directed by the Village of Key Biscayne. b. The CONSULTANT agrees to follow the work program as described in Exhibit "A". The scope of these professional services is based on the preliminary documents attached as "Exhibit A". c. The CONSULTANT agrees to prepare and compose a layout for a mailer that can be sent to the general public which inclused a summary of the work completed and presented to the VILLAGE. " " 2. FEES FOR SERVICES The CONSULTANT agrees to charge the V ge for the above specified services a total of $4,800. 0317 'Y The VILLAGE shall pay to the Consultant for the faithful performance of this Contract, in lawful money of the United States. Funding is to be provided in two equal installments - at the commencement of the project and at its conclusion. 3. TERM The term of this Agreement is -t2r weeks un ess terminated pursuant to paragraph 8. The project effort will be conducted over a ten week period, commencing with the notification of award. 4. GENERAL TERMS AND CONDITIONS All originals sketches, tracings, drawings, computations, details, design calculations, work papers and other documents and plans that result from the CONSULTANT providing specified services shall 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 CONSULTANT. 5. INSURANCE The CONSULTANT shall at all times carry commercial general liabiliy ($500,000), products completed operations aggregate ($500,000), personal and advertising injury ($500,000), each occurance ($500,000), fire damage (any one fire) ($50,000), medical expense ($5,000) and automotive liability ($100,000/$300,000 bodily injury, $50,000 property damage liability). Each insurance policy shall not be canceled without written notice to the VILLAGE 30 days prior to the effective date of said cancellation. 2 " " 6. ASSIGNMENT This Agreement shall not be assignable by the CONSULTANT. 7. PROHIBITION AGAINST CONTINGENT FEES The CONSULTANT warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, 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 CONSULTANT 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. 8. TERMINATION This Agreement may be terminated by the VILLAGE upon ten days' written notice with or without cause and by the CONSULTANT upon 15 days' written notice with or without cause. If this Agreement is terminated, the CONSULTANT shall be paid in accordance with the provisions of Paragraph 2 of this contract for all acceptable work performed up to the date of termination. 9. NONEXCLUSIVE AGREEMENT The services to be provided by the CONSULTANT 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. 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. 3 " " 11. WARRANTIES OF CONSULTANT The CONSULTANT hereby warrants and represents that at 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. 12. 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. 13. 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: Consultant: C. Samuel Kissinger Village Manager Village Of Key Biscayne 85 West McIntyre Street Key Biscayne, FL 33149 Richard Jay Weiss, Esq. Village Attorney Weiss Serota & Heitman, P.A. 2665 South Bayshore Drive Suite 204 Miami, Florida 33133 Roger L. Schuntz, Dean School of Architecture Center for Urban and Community Design University of Miami P.O. Box 249178 Coral Gables, FL 33124-5010 4 " " 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. CONSULTANT: University of Miami School of Architecture Center for Urban and Comunity Design (305) 284-3438 By: J. FISH ASSISTANTS VICE PRESIDENT BUSIN S SERVICES VILLAGE: VILLAGE OF KEY BISCAYNE 85 West McIntyre Street Key Biscayne, FL 33149 (305) 365-5514 C. Samuel Kiss ger Village Manager Attest: Guido H. In Village Cler Authorized by Village Council Resolution 94-8 - March 8, 1994. 5 " " EXHIBIT A UNIVERSITY OF MIAMI SCHOOL OF ARCHITECTURE CENTER FOR URBAN AND COMMUNITY DESIGN PROPOSAL VILLAGE OF KEY BISCAYNE - Harbor Drive and Fanwood Road, West Wood Drive, and West Mashta Drive Streetscape Alternatives SCOPE OF STUDY The Center for Urban and Community Design of the School of Architecture will undertake a six week study that will examine conditions and propose preliminary concept alternatives for streetscape and related right -of way improvements necessary to accommodate both pedestrians and bicyclists for Harbor Drive, Fernwood Road, West Wood Drive, and West Mashta Drive. The study will be coordinated with the Village staff. Findings and concepts will be presented as directed by the Village of Key Biscayne. WORK PROGRAM: PHASE I PHASE II Documentation and Needs Assessment of Existing Conditions. Preliminary Design/Options A. Intersection of Crandon and Harbor Drive: Clearly delineate public and private realms in a manner that will enhance public safety, parking nerds, and aesthetic concerns. B. Harbor Drive; Crandon to Femwood Road (Commercial Zone): Develop alternatives that address pedestrian, vehicular, and aesthetic needs and concerns. C. Harbor Drive; Fernwood Road to W. Mashta Drive (Residential Zone): Develop options that will address the possibilities of a center median, realignment of the street with respect to the centerline of the public right-of-way, pedestrian and bicycle needs and options, and major landscape elements/opportunities. D. Fernwood Road; Harbor Drive to W. McIntyre Street Present options that will provide for screening of commercial service areas, are consistent with residential frontages on the west side, and recognize future options for the "tree farm" property. The design studies will attempt to constructively address the following issues and concerns: 1. Lack of a strong visual character/image. 2. Private encroachments in the public right-of-way. 3. Frequent excessive speeding an Harbor Drive. " " E. Pedestrian and Bicycle Accommodations; Harbor Drive, Fernwood Road, West Wood Drive, and West Mashta Drive: Present alternative concepts for a multi -modal circulation plan that will also include Metrobus service. COST/FEE As descnbed above, the study will be performed on the basis of funding to the UM School of Architecture in the amount of $4,800. Funding is to be provided in two equal installments  at the commencement of the project and at its conclusion. SCHEDULE The work described will be completed within six weeks of notification to proceed. DESIGN TEAM (Principals) Roger L. Schluntz and Erick Valle, Co -Directors " " UNIVERSITY OF MIAMI SCHOOL OF ARCHITECTURE CENTER FOR URBAN AND COMMUNITY DESIGN VILLAGE OF KEY BISCAYNE - Harbor Drive and Fernwood Road, West Wood Drive, and West Mashta Drive Streetscape Alternatives Tentative Schedule Week of March 21 � Apnl 1 � April 26 Information session with Village stab, to be scheduled by Village Manager Preliminary presentation to Village Manager and staff Final presentation to Village Council and public. Mayor Rafael Conte Vzce Mayor Clifford Brody Councxlmembers Mortimer Fned Michael Hill Joel Rasco Betty Sure Raymond P Sullivan Mr. Juan Carlos Vila President Vila & Son Landscaping Corp. 8275 W. 12 Avenue, Suite C Hialeah, Florida 33014 RE: TREE CONTRACT Dear Mr. Vila: Office of the Village Manager August 5, 1993 Enclosed please find one (1) executed copy of a contract between your firm and the Village to implement the Master Tree Planting Plan. The contract was approved by the Village Council at the June 22, 1993 Council meeting. Thank you. ruly,'your�//, 1 Samuel Kissi Village Manag CSK/yg cc: Guido Inguanzo, Village Clerk 85 West McIntyre Street • Key Biscayne, Florida 33149 • (305) 365-5514 • Fax (305) 365-5556 MISSION STATEMENT "TO PROVIDE A S NFE ALAI ITN COMMUNITY ENVIRONMENT FOR ALL ISLANDERS THROUGH RESPONSIBLE GOVERNMENT" SECTION E AGREEMENT THIS AGREEMENT, made and entered into on this 16th day of July, 1993, by and between Vila and Son Landscaping Corp, Party of the First Part, and the Village of Key Biscayne, Party of the Second Part: WITNESSETH: That, the First Party, for the consideration hereinafter fully set out, hereby agrees with the Second Party as follows: 1. That the First Party shall furnish all the materials, and perform all of the work in manner and form as provided by the following enumerated Drawings, Specifications, and Documents, which are attached hereto and made a part hereof, as if fully contained here: (A) Invitation to Bid (B) Instructions to Bidders (C) Bid (D) Bid Bond (E) Agreement (F) Payment Bond (G) Performance Bond (H) Notice of Award (I) Notice to Proceed (J) Change Order (K) Sworn Statement on Public Entity Crimes (L) O'Leary Design Associates Drawings - Village of Key Biscayne, Street Tree Planting - Project KB 93-1. 2. That the First Party shall commence the work to be performed under this Agreement on a date to be specified in a written order of the Second Party and shall complete all work hereunder within the length of time stipulated in the BID. 3. That the Second Party hereby agrees to pay to the First Party for the faithful performance of this Agreement, subject to additions and deductions as provided in the Specifications of Proposal, in lawful money of the United States, the amount of Three Hundred Eighty Four Thousand Eight Hundred Thirty Dollars ($384,830) which is subject to change, based on the estimated quantities and Unit of Lump Sum Prices contained herein. 4. That the Second Party shall make monthly partial payments to the First Party on the basis of a duly certified and approved estimate of work performed during each calendar month by the First Party, LESS the retainage provided in the General Conditions, which is to be withheld by the Second Party until work within a particular part has been performed strictly in accordance with this Agreement and until such work has been accepted by the Second Party. 5. That upon submission by the First Party of evidence satisfactory to the Second Party that all payrolls, material bills, and other costs incurred by the First Party in connection with the construction of the work have been paid in full, final payment on account of this Agreement shall be made within 60 days after the completion by the First Party of all work covered by this Agreement and the acceptance of such work by the Second Party. 6. In the event that the Contractor shall fail to complete the work within the time limit of the extended time limit agreed upon, as more particularly set forth in the Contract Documents, liquidated damages shall be paid at the rate of Five - Hundred and 00/100 Dollars ($500.00) per day, plus any monies paid by the Village to the Engineer for additional engineering and inspection services associated with such delay. 7. It is further mutually agreed between the parties hereto that if, at any time after the execution of this Agreement and the Surety Bond hereto attached for its faithful performance and payment, the Second Party shall deem the Surety of Sureties upon such bond to be unsatisfactory, or if, for any reason such bond ceases to be adequate to cover the performance of the work, the First Party shall, at its expense within 5 days after the receipt of notice from the Second Party so to do, furnish an additional bond or bonds in such form and amount and with such Surety or Sureties as shall be satisfactory to the Second Party. In such event, no further payment to the First Party shall be deemed to be due under this Agreement until such new or additional security for the faithful performance of the work shall be furnished in manner and form satisfactory to the Second Party. 8. No additional work or extras shall be done unless the same shall be duly authorized by appropriate action by the Party of the Second Part. IN WT —NESS WHEREOF, the parties hereto have executed this Agreement on the day ai., date first above written, in five (5) counterparts, each of which shall, without proof or accounting for the other counterpart be deemed an original Contract. WITNESSES: i AUTHENTICATION: BY: NAME: Guido H. Inguanzo, Jr. TITLE: Village Clerk CONTRACTOR: V i I , a � (Am dS(a e 14) Co( P . BY: NAME: ) O Q ✓L Ca( I n 5 U t l C4 . TITLE: "Pre S ((1_p„ , APPROVED AS TO FORM: BY: NAME: Richard Jay Weiss, Esq. TITLE: Village Attorney OWNER: Village of Key Biscayne BY: NAME: C. Samuel Kissinger TITLE: Village Manager VILA AND SON LANDSCAPING CORP 20451 SW 216 STREET MIAMI, FLORIDA 33187 PROJECT: STREET TREE PLANTING VILLAGE OF KEY BISCAYNE PAY APPLICATION NO.: 6 FINAL (REVISED) FROM: 12-03-93 TO: 2-5-94 T1 NC DESCRIPTION UNIT MIT PRICE QUANTITIES AMOUNTS PREV. CURPENTITO DATE CURRENT . TO DATE __ 1 EXISTING LANDSCAPE REMOVAL LS $10.000.00 0.95 0.05 1 $500.00 $10,000.00 2 GUMBO LIMBO EA. $135.00 ' SO 0 50 $0.00 $6,750.00 3 SATN LEAF EA. $165.00 23 -1 22 ($165.00) $3,630.00 4 WHITE GEIGER TREE EA. $195.00 0 0 0 $0.00 $0.00 5 PIGEON PLUM EA. $185.00 238 -1 237 (* 185.00) $43,845.00 6 GREEN BUTTONW000 EA. $165.00 62 0 62 $0.00 $10.230.00 7 SILVER BUTTONWOOD EA. $165.00 36 0 36 $0.00 $5,940.00 8 GREEN MELAYAH COCONUT EA. $235.00 593 19 612 $4,465.00 $143,820.00 9 ORANGE GEIGER TREE EA. $145.00 30 0 30 $0.00 $4,350.00, 10 WILD TAMARIND EA. $160.00 180 5 185 *800.00 $29,600.00 11 YELLOW POINCIANA EA. $160.00 38 -4 34 ($640.00) $5.440.00 13 LIVE OAK EA. $145.00 446 -59 387 ($8,555.00) $56.115.00 14 SABAL PALM EA. $120.00 0 0 0 *0.00 $0.00 15 MAHOGANY EA. $175.00 193 0 193 $0.00 $33,775.00 16 YELLOW TADEEBU►A EA. $150.00 41 0 41 *0,00 $6.150.00 17 PINK TABEOU1A EA. $165.00 38 0 38 $0.00 $6,270.00 18 WATERING 1ST 30 DAYS LS $6.000.00 0 0 0 $0.00 $0.00 19 WATERING 2ND 30 DAYS LS $4.000.00 0 0 0 $0.00 $0.00 20 REMOVAL EXIST. TREES EA. *500.00 0 0 0 $0.00 $0.00 21 REMOVAL STUMP & SOD EA. $250.00 0 0 0 $0.00 $0.00 22 LAY DOWN AND REPLANT TREES EA. $50.00 0 0 0 $0.00 $0.00 TOTALS PETAINAGE LESS PREV. APP. (;3.780.00) *365.915.00 (*378.00) $36.591.50 $332.725.50 'AMOUNT NT DUE ($3,402.00) ($3,402.00 AMOUNT DUE PLUS RETAINAGE $33,189.SC