HomeMy Public PortalAbout1993 Crandon Boulevard Lighting.tifGUIDO H. INGUANZO, JR., VILLAGE CLERK
RESOLUTION NO. 94-25
A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO
EXECUTE AN AGREEMENT WITH DAVID VOLKERT &
ASSOCIATES, INC., MIAMI, FLORIDA, FOR
ENGINEERING SERVICES FOR THE VILLAGE PORTION OF
THE COST OF THE CRANDON BOULEVARD ROADWAY
LIGHTING IMPROVEMENT PROJECT; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Metropolitan Dade County and the Florida Department
of Transportation are planning to improve the roadway lighting
system along the entire length of Crandon Boulevard with the
installation of new polls and the replacement of underground
electrical wires; and
WHEREAS, On June 28, 1994, the Village Council approved the
Village Manager' s recommendation for the enhancement of the proposed
lighting within the Village limits;
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY
BISCAYNE AS FOLLOWS:
Section 1. That the Village Manager is hereby authorized to
execute the attached agreement on behalf of the Village with David
Volkert & Associates, Inc., Miami, Florida, for engineering services
for the Village portion of the cost of the Crandon Boulevard Roadway
Lighting Improvement project.
Section 2. This resolution shall take effect immediately
upon adoption.
PASSED AND ADOPTED this 12th day of
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
4I .444
R HARD J. WEISS, VILLAGE ATTORNEY
VICE OR JOE I. RASCO
Contract No. 400203.40
nv�
VOLKEnI�
t�.assocInTFs, ►r
Engineers • Architects • Planners
July 5, 1994
Village of Key Biscayne
85 West McIntyre Street
Key Biscayne, FL 33149
Attn: Mr. Sam Kissinger
Re: Village of Key Biscayne
Roadway Lighting
Dear Mr. Kissinger:
We propose to complete the design work associated with the referenced
project for a lump sum fee of $18,800.00.
Per our conversation on July 5, 1994, we understand that contractual
relationship between Volkert and the Village of Key Biscayne will be
identical to the one between Metro -Dade County and Volkert. A contract
copy has been attached for your reference. We understand the scope of
work to be as per the attached June 6, 1994 conference summary. Also per
your request, we have included insurance certificates.
If the foregoing is acceptable please sign below and return a copy for
our records.
Thank you.
Very truly yours,
DAVID VOLKERT & ASSOCIATES, INC.
44{4
ALFONSO FERNANDEZ-FRAGA, P.E.
Vice President
h:\corr\letters\kissinge.400
Enclosure
cc: Margaret Hancken
Margaret Swindle
Jennie Deliaglia
Accepted by:
4960 SW 72nd Avenue • Suite 201 • Miami, FL 33155 • (305) 667-2224 • Fax (305) 666-4658
Birmingham, AL Gulf Shores, AL Mobile, AL Ft. Walton Beach, FL Tampa, FL New Orleans, LA Metropolitan Washing)
VILLAGE OF KEY BISCAYNE
AGREEMENT
FOR
PROFESSIONAL SERVICES
THIS AGREEMENT, made and entered into on the .25-11n day of `Iii''
1993, by and between the Village of Key Biscayne, Dade County, Floridal, party of the
first part (hereinafter called "Village"), and David Volkert and Associates, Inc., Miami,
Florida, 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 provide engineering services for the Village
portion of the Crandon Boulevard Roadway Lighting Improvement project.
b. The CONSULTANT agrees to design and prepare plans as needed for the
Village portion of the Crandon Boulevard Roadway Lighting Improvement project.
c. The CONSULTANT agrees to maintain an adequate staff of qualified
personnel on the work at all times to ensure its completion.
d. The CONSULTANT agrees to comply with any federal, state and local laws
or ordinances applicable to the work.
e. The CONSULTANT agrees to cooperate fully with the County in the
scheduling and coordination of all phases of the work.
f. The CONSULTANT agrees to provide the Village with bi-weekly reports for
the duration of the contract.
The scope of these professional services are as described above and also include the
preliminary documents attached as "Exhibit A".
2. FEES FOR SERVICES
The CONSULTANT agrees to charge the Village for the above specified
services a total lump sum of $18,800.
The VILLAGE shall pay to the Consultant for the faithful performance of this
Contract, in lawful money of the United States within 30 days.
3. TERM
The term of this Agreement is 6 months unless terminated pursuant to
paragraph 8.
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 liability
($500,000), products completed operations aggregate ($500,000), personal and
advertising injury ($500,000), each occurrence ($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). The Village shall be named as an
additional insured on all of the above insurance policies. Each insurance policy shall
not be canceled without written notice to the VILLAGE 30 days prior to the effective
date of said cancellation.
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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 45 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.
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.
3
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:
14. GOVERNING LAW
This Agreement shall be construed in accordance with the laws of the State of
Florida.
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 & Helfman, P.A.
2665 South Bayshore Drive
Suite 204
Miami, Florida 33133
David Volkert & Associates, Inc.
4960 S.W. 72 Avenue
Suite 201
Miami, Florida 33155
4
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:
David Volkert & Associates, Inc.
4960 S.W. 72 Avenue
Suite 201
Miami, Florida 33155
Frecerick E. Swindle, P.E.
Attest: ‘1, J WCi 4Ufl
nso Fernanee -Frac
a, P.E.
VILLAGE:
VILLAGE OF KEY BISCAYNE
85 West McIntyre Street
Key Biscayne, FL 33149
By: C
C. Samuel Kissin
Village Manager
Attest: -✓
Guido H. ...uanzo, Jr.
Village Clerk
Authorized by Village Council Resolution No. 94-25 adopted on July 12, 1994.
5
EXHIBIT A
Contract No. 205805.40
VO
&:kSSOCIATES, INC.
DAVID
iginuers • .\rchitaas • l'lanncn
June 6, 1994
Metropolitan Dade County
Traffic Signals and Signs Division
Public Works Department
7100 N.W. 36th Street
Miami, Florida 33166
Attn: Mr. Garfield Perry
Re: Crandon Blvd. Roadway Lighting
CONFERENCE SUMMARY
DATE: June 2, 1994
LOCATION: David Volker: & Associates Offices
ATTENDEES: Mr. Garfield Perry, Public Works Dept.
Mt. Carlos Mazorra
(part-time on telephone), FDOT
Mr. John Plebaniak Volkert
. Alfonso Fernandez-Fraga, Volkert (writer)
1) The Village of Key Biscayne has requested that pull boxes be
installed in order to provide'.future electrical access for
landscape median islands. A 2" conduit in the right-of-way
will also be provided.
2) The attached correspondence from the Village of Key Biscayne
dated April 26, 1994 and the Metro -Dade Public Works response
dated May 13, 1994, summarize the lighting changes required.
3) Volker: will complete construction cost estimates associated
with the "old" design and the Village's proposed design. In
order to comply with the FDOT, May 20, 1994 correspondence.
4) Volkert will also compile costs associated with the conduit
and pullboxes described in Item 1, above.
5) Volker: will submit a proposal to add the Village's
requirements to the project.
6) The FDOT comments forwarded to Garfield Perry on March 17,
1994 will be addressed as follows:
Mr. Garfield Perry
June 6, 1994
Page 2
a. Volkert will comply with Items 1, 2, and 4.
b. It will not be necessary to show the right-of-way lines,
baselines, stations and pole stations.
c. Existing conditions will noc permit complete conformance
with FDOT standard clear zone requirements, but we will
strive to design to the standards as closely as possible.
7) Volkert will indicate all utilities on the drawings.
8) All conduit will be trenched not "jacked and bored".
9) The maintenance of traffic will be controlled using "lane
closure" notes. No MOT plans will be generated.
10) All sheets must be redrawn or somehow transferred to FDOT
sheets.
11) The project must be 50% complete by June 15, 1994. The final
plan target dace is August 12, 1994. Garfield Perry wants to
deliver drawings by lace July.
12) All pay items will be transferred to FDOT pay items.
13) All cost estimates and proposals will be submitted to Garfield
Perry by June 3, 1994.
If any of the foregoing is not representative of actual
discussions, please contact the writer.',
AFF/ap\confsum\crandon.03
Enclosure
cc: All attendees
John Plebaniak
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