HomeMy Public PortalAbout1998 Traffic Calming East Heather Drive.tifRESOLUTION NO. 98-59
A RESOLUTION OF THE VILLAGE OF KEY
BISCAYNE, FLORIDA; AUTHORIZING THE
VILLAGE MANAGER TO EXECUTE THE
ATTACHED AGREEMENT FOR PROFESSIONAL
ENGINEERING SERVICES FOR EAST HEATHER
DRIVE TRAFFIC CALMING WITH WILLIAMS,
HATFIELD & STONER, INC.; 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 agreement,
on behalf of the Village, with Williams Hatfield & Stoner, Inc., for professional engineering services
for East Heather Drive Traffic Calming.
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 8th day of December , 1998.
CONCHITA H. ALVAREZ, CMC
VILLAGE CLERK
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
RICHARD J. ' ISS, AG ORNEY
MAYOR JOE I. RASCO
VILLAGE OF KEY BISCAYNE
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT, made and entered into this Z - day of , 19 99, by and
between the Village of Key Biscayne (the "VILLAGE") and illiams Hat ie1d Stonei Tnc. , (the
"CONTRACTOR").
RECITALS:
The VILLAGE wants to engage the CONTRACTOR to perform certain professional services
as specifically described in Exhibit A to this Agreement ("Specified Services"). The
CONTRACTOR wants to provide such Specified Services in connection with the East Heather Drive
Traffic Calming.
In consideration of the mutual covenants set forth 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.
2. FEES FOR SERVICES
The CONTRACTOR agrees to charge the VILLAGE for Specified Services provided in
accordance with Exhibit A not to exceed $5,000.00. 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(s) unless earlier terminated pursuant to paragraph
seven.
4. GENERAL TERMS AND CONDITIONS
All work papers and documents that result from the CONTRACTOR 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 CONTRACTOR.
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 bona fide employee working 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,
contingent upon or resulting from the award or making of this Agreement.
7. TERMINATION
This Agreement may be terminated by the VILLAGE upon 45 days' written notice with or
without cause and 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 Exhibit A for all acceptable work performed up to 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 from 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 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.
11. 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:
C. Samuel Kissinger
Village Manager
Village of Key Biscayne
85 West McIntyre Street
Key Biscayne, Florida 33149
With a copy to:
CONTRACTOR:
12. GOVERNING LAW
Richard J. Weiss, Esq.
Village Attorney
Weiss, Serota & Helfman, P.A.
2665 South Bayshore Drive
Suite 204
Miami, Florida 33133
Williams Hatfield & Stoner, Inc.
4601 Ponce de Leon Blvd.
Suite 220
Coral Gables, FL 33146
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 & St
4601 Ponce de Leon B
Coral Gables, FL 33
By:
Attest:
, Inc.
Suite 220
nc.
By:
VILLAGE:
Village of Key Biscayne
85 West McIntyre Street
Key Bi cayne, Florida 33149
amue 1 ; anger, i age
anager
0,-f(A' f 1Attest: 1 1`,t( `. ' l,0.,,
Authorized by the Village Council December 8 , 1998.
PROPOSAL FOR PROFESSIONAL ENGINEERING SERVICES
VILLAGE OF KEY BISCAYNE
EAST HEATHER DRIVE — TRAFFIC CALMING
INTRODUCTION:
Williams, Hatfield & Stoner, Inc. (WHS) will provide professional engineering services
for the above referenced project. The project consists of developing a topographic survey
and construction documents to install two elevated speed tables as depicted in
Attachment 1 and 2. The scope of work included in this proposal is as follows:
SCOPE OF SERVICES:
1.) Topographic Survey
WHS will obtain topographic data for each area where a proposed traffic device
will be located.
2.) Construction Documents
WHS will prepare construction plans and details to provide to Horizon
Contractors as a change order to their original Contract for "East Enid Drive
Improvements". Our plans will include
• Traffic Device Layout (2 sheets)
• Details (1 sheet)
• Signing and Marking (1 sheet)
Total 4 sheets
PROPOSED SCHEDULE:
WHS will complete the topographic survey and construction documents within 45 days from
issuance of NTP from the Village.
PROPOSED FEE:
Our proposed fee is $5,000.00 and the breakdown of our fee is as follows:
1.) Survey $1,000
2.) Construction Documents $4,000
Williams, Hatfield & Stoner, Inc.
Village of Key Biscayne
East Heather Drive — Traffic Calming Page 1
We will administer the construction of this project under our Contract with the Village for
"Construction Administration for the East Enid Drive Improvement Project".
If this proposal is acceptable to you, please sign below and return one copy to me so that we may
proceed. Thank you for the opportunity to serve you.
ACCEPTED AND AGREED
VILLAGE OF KEY BISCAYNE
C. Samuel Kissinger
Village Manager
Date:
Williams, Hatfield & Stoner, Inc.
Village of Key Biscayne
East Heather Drive — Traffic Calming
Page 2
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