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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. 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 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 T1_1\'iTl \'(m is rD'r Q. \ cnrr rite rr-r'