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HomeMy Public PortalAbout1998 General Engineering.tifRESOLUTION NO. 98-34 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE ATTACHED AGREEMENTS WITH CERTAIN FIRMS TO PROVIDE FOR GENERAL PROFESSIONAL ARCHITECTURAL, ENGINEERING SERVICES AND SURVEYING; 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 execute the attached agreements, on behalf of the Village, for general architectural, engineering and surveying services on a project specific basis with the following firms: 1.) C.A.P. Engineering Consultants, Inc.; 2.) Corzo Castella Carballo Thompson Salman, P.A.; 3.) Craig A Smith & Associates; 4.) Dammes & Moore; 5.) Glatting Jackson Kercher Anglin Lopez Rinehart, Inc.; 6.) Manuel G. Vera and Associates; 7.) Portuondo Perotti Architects; 8.) Post Buckley Schuh and Jernigan, Inc.; 9.) Robert Currie Partnerships; and 10.) Williams Hatfield & Stoner, Inc. 11.) John Little Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 1st day of July , 1998. F. FESTA ,gle CONCHITA H. ALVAREZ, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFI VILLAGE OF KEY BISCAYNE AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT, made and entered into on the day of 1-"J , 1998 by and between the Village of Key Biscayne, Dade County, Florida, party of the fi/st (hereinafter called "Village"), and WILLIAMS HATFIELD & STONER, INC. party of the second part (Hereinafter called "Contractor"); RECITALS The VILLAGE wants to engage the CONTRACTOR to perform General Professional Architectural and Engineering Services ("Specified Services"). The CONTRACTOR wants to provide such Specified Services. In consideration of the mutual covenants in this Agreement, the parties agree as follows: 1. SCOPE OF SERVICES The CONTRACTOR agrees to provide Specified Services upon written request from the Village Manager as provided for in this Agreement. The Contractor will provide General Professional Architectural and Engineering Services on a project specific basis. A separate proposal for each project with a defined scope will be presented for review and approval prior to the start of each project. 2. FEES FOR SERVICES The CONTRACTOR agrees to charge the VILLAGE for Specified Services. Project specific Contracts will be presented for review and approval as requested by the Village Manager. Terms and conditions outlined therein. The CONTRACTOR will issue an invoice once a month for the work which has been completed. Said invoices is payable by the VILLAGE within 30 days. The VILLAGE shall pay to the CONTRACTOR for the faithful performance of this agreement, in lawful money of the United States of America 3. TERM The term of this agreement is year 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. 1 1 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 is the entire 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. 2 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 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: 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 Conchita H. Alvarez Village Clerk 85 West McIntyre Street Key Biscayne, Florida 33149 3 Contractor: 14. GOVERNING LAW Williams Hatfield & Stoner, Inc. 4601 Ponce de Leon Blvd. Suite 220 Coral Gables, FL 33146 (305) 663-5777 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: Williams Hatfield & Stoner, Inc. 4601 Ponce de Leon Blyd., Suite 220 Coral Gables, FL 33 By: Willian»$1atfield & Stoner, Inc. Attest: ( def6_, Authorized by the Village Council on VILLAGE: Village of Key Biscayne 85 West McIntyre Street Key Biscayne, Florida 33149 jo Yf *ssingeF' Manager caa/fe‘LP' July 1 , 1998. 4 ACUR& CERTIFICATE OF LIABILI TY INSURANCE DATE (MM/DDNY► 12/11/1998 DbUCER SAUNDERS & TAYLOR INSURANCE, INC. 115 SE 13TH STREET, SUITE B FORT LAUDERDALE FL 33316-1856 954-779-2444 URED WILLIAMS, HATFIELD & STONER, INC. AND M.N.S. CONSTRUCTION SERVICES, INC. 2101 N. ANDREWS AVE.,SUITE 300 FORT LAUDERDALE FL 33311 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURER A ST. PAUL FIRE & MARINE INSURANCE COMPANY INSURERS FCCI MUTUAL INSURANCE COMPANY INSURER C CNA INSURER D INSURER E )VERAGES -HE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING 1NY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR AAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH 'OLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS -------------- - -------- -- - - --- ----- ----- - - ----------- 1 TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DDNY) POLICY EXPIRATION DATE (MM/DD/YY) LIMITS GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE FIRE DAMAGE (Any one fire) $ 1,000,000_ $ 1,000,000 CLAIMS MADE X OCCUR MED EXP (Any one person) $ 5,000 RP06630502 09/16/1998 09/16/1999 PERSONAL BADVINJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP/OP AGG $ 2,000,000 POLICY JEC I---1 LOC AUTOMOBILE X LIABILITY ANY AUTO COMBINED SINGLE LIMIT (Ea accident) 1,000,000 X X A ALL OWNED AUTOS RP06630502 09/16/1998 09/16/1999 BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE $ $ (Per accident) GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT OTHER THAN EA ACC $ $ AUTO ONLY AGG $ EXCESS LIABILITY EACH OCCURRENCE $ 5,000,000 X1 OCCUR CLAIMS MADE AGGREGATE $ 5,000,000- RP06630502 09/16/1998 09/16/1999 $ $ DEDUCTIBLE $ X RETENTION $ 10,000 WORKERS COMPENSATION AND X J OR STATU- I TORYLIMITS L OTH- ER $ 100,000 $ 500,000 EMPLOYERS' LIABILITY 001-WC9'M-25425 01/01/1998 01/01/1999 E L EACH ACCIDENT E L DISEASE - EA Efv1PlOYEE E L DISEASE - POLICY LIMIT $ 100,000 OTHER PROFESSIONAL LIABILITY AEE00-821-33-29 09/16/1998 09/16/1999 EACH CLAIM 2,000,000 AGGEGATE 2,000,000 CRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS RTIFICATE HOLDER ADDITIONAL INSURED; INSURER LETTER: _ CANCELLATION VILLAGE OF KEY BISCAYNE 85 WEST MCINTYRE STREET KEY BISAYNE FL 33149 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. ATTN: SAMUEL KISSINGER, VILLAGE MANAGER AUTHORIZEDi, PRESENTATIVE ORD 25-S (7/97) ©ACORD CORPORATION 1988