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Home My Public Portal About1999 West Wood and West Heather Sidewalk.tifVILLAGE OF KEY BISCAYNE Village Council Joe I. Rasco, Mayor Gregory C. Han, Vice Mayor Scott Bass Martha Fdez-Leon Broucek Alan H. Fein Mortimer Fried Robert Oldakowski Village Manager C. Samuel Kissinger Mr. Anthony A. Nolan, P.E. President Williams, Hatfield & Stoner, Inc. 2101 N. Andrews Avenue, Suite 300 Ft. Lauderdale, FL 33311 Dear Mr. Nolan: Office of the Village Manager December 13, 1999 Enclosed please find the executed contract between your firm and the Village dated December 7, 1999 for improvements to West Wood Drive in the amount of $8,000. Please proceed immediately with this project. Thank you for your time and attention to this issue. enclosure CSKJjcj cc: Conchita Alvarez Village Clerk Very truly yours, C. Samuel Kissinger Village Manager 85 West McIntyre Street • Key Biscayne, Florida 33149 - (305) 365-5511 • Fax (305) 365-8936 MISSION STAfFMI N I 'TO PROVIDE A SAI I , QUAL 11 Y COMMUNI I Y 1 NVIRONME N 1 1 011 Al I 1Sl ANDS RS I IIROU<;H RFSI'ONSIISI 1 GOVI RNMEN f" VILLAGE OF KEY BISCAYNE AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT, made and entered into this 7 day of December , 19 99 , by and between the Village of Key Biscayne (the "VILLAGE") and -Williams, Hatfield & Stoner, rnc. , (the "CONSULTANT"). RECITALS: The VILLAGE wants to engage the CONSULTANT to perform certain professional services as specifically described in Exhibit A 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 The CONSULTANT agrees to provide Specified Services upon written request from the Village Manager as provided for in this Agreement. 2. FEES FOR SERVICES The CONSULTANT agrees to charge the VILLAGE for Specified Services provided in accordance with Exhibit A not to exceed $ 8,000.00 . The CONSULTANT 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 CONSULTANT for the faithful performance of this agreement, in lawful money of the United States of America. 3. TERM The term of this Agreement is 45 day(s) unless earlier terminated pursuant to paragraph seven. 4. GENERAL TERMS AND CONDITIONS All original 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 liability insurance in the minimum amount of $1,000,000. The Village shall be named as an additional insured on all the liability insurance policies. Each insurance policy shall state that it is not cancelable without written notice to the VILLAGE 30 days prior to the effective date of said cancellation. 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, contingent upon or resulting from the award or making of this Agreement. 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 Exhibit A 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 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. 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. 12. ATTORNEYS FEES In connection with any litigation arising out of this Agreement, the VILLAGE shall be entitled to recover reasonable attorneys fees and costs. 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 C. Samuel Kissinger Village Manager Village of Key Biscayne 85 West McIntyre Street Key Biscayne, Florida 33149 Richard J. Weiss, Esq. Village Attorney Weiss, Serota & Helfman, P.A. 2665 South Bayshore Drive Suite 420 Miami, Florida 33133 Anthony A. Nolan, P.E. President Williams, Hatfield & Stoner, Inc. 2101 North Andrews Avenue, Suite 300 Fort Lauderdale, Florida 33311 Phone: (954) 566-8341 Fax: (954) 565-5421 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: Williams, Hatfield 2101 North Andr Fort Lauderdale By: Attest: Authorized Stoner, Inc. s Avenue, Suite 300 lorida 33311 the Village Council By: Attes VILLAGE: Village of Key Biscayne 85 West McIntyre Street Key Biscayne, Florida 33149 4 , 1999. a Exhibit A PROPOSAL FOR PROFESSIONAL ENGINEERING SERVICES to VILLAGE OF KEY BISCAYNE for "IMPROVEMENTS TO WEST WOOD DRIVE" INTRODUCTION: This project consists of drainage, pavement and sidewalk modifications on West Wood Drive between Crandon Blvd. and Fernwood Road. SCOPE OF SERVICES: Williams, Hatfield & Stoner, Inc. (WHS) will prepare plans and specifications for drainage, pavement and sidewalk modifications on West Wood Drive between Crandon Blvd. and Fernwood Road. These improvements will provide connectivity between similar improvements existing at the two referenced intersections. The assignment will also involve coordination with FPL with respect to undergrounding some of their facilities at the southwest corner of the Crandon Blvd. to facilitate sidewalk construction. There are believed to be other right-of-way encroachments that will require consideration to accommodate sidewalk continuity. SCHEDULE: WHS will complete the necessary topographic survey work and construction documents within forty five (45) days from the date we receive a notice -to -proceed with the work from the Village. Village of Key Biscayne Williams, Hatfield & Stoner, Inc. u \aan\key biscayne\5245pro 5245.00 Page 1 FEE: Our fee for the above described work, including permitting through Miami -Dade County and negotiations with FPL, through the evaluation of bids will be $8,000.00. It may be possible coordinated the construction of this project with other projects at the time of construction. Therefore, construction contract administration and/or inspection services will be discussed at the time of construction. If this proposal is acceptable, please sign below and return one copy to us with your notice -to - proceed for our files. Thank you for this opportunity to serve the Village. ACCEPTED AND AGREED VILLAGE OF KEY BISCAYNE 1 C. amuel Kissing:V Village Manager Date: /.2 l) 31 %7 Village of Key Biscayne Williams, Hatfield & Stoner, Inc. u Haan\key biscayne\5245pro 5245.00 Page 2 RESOLUTION NO. 98-3 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE ATTACHED AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES 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 new sidewalks on West Wood Drive and West Heather Drive. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 13th day of January , 1998. CONCHITA H. ALVAREZ, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: RICHARD J. WEISS, VILLAGE ATTORNEY PROPOSAL FOR PROFESSIONAL ENGINEERING SERVICES VILLAGE OF KEY BISCAYNE WEST WOOD DRIVE AND WEST HEATHER DRIVE - NEW SIDEWALKS INTRODUCTION: Williams, Hatfield & Stoner, Inc. (WHS) will provide professional engineering services for new sidewalks on West Wood Drive and West Heather Drive in the Village of Key Biscayne. SCOPE OF SERVICES: New sidewalks will be added to West Wood Drive and West Heather Drive. The Village of Key Biscayne has not yet determined if these new sidewalks will be on both sides of the street or one side only. We will prepare the following construction plans: • Key Sheet 1 sheet • Sidewalk Plan Sheets 6 sheets • Detail Sheet 1 sheet Total Sheets 8 sheets This proposal includes preparing construction plans and specifications. The proposal also includes preparing construction cost estimates for this project. The base bid documents will be provided to WHS by the Village. WHS will complete the bid documents with the inclusion of the specifications. The advertisement, evaluation of bids and contract execution will be accomplished by the Village with support by WHS. The existing data from the stormwater improvement plans will be utilized for the preparation of the plans and will be implemented by updated field survey data. SERVICES NOT INCLUDED: • Base Bid Documents • Advertisement of Bids and Contract Execution • Construction Services Village o, f Key Biscayne Williams, Hatfield & Stoner, Inc. West Wood Drive and West Heather Drive - New Sidewalks Page 1 SCHEDULE: Plans, specifications and bid documents for the "West Wood Drive and West Heather Drive - New Sidewalks" Project will be completed within six weeks of the notice to proceed. Proposal includes two meetings with the Village during the design process. Advertisement, bidding and execution of the contracts is estimated at eight weeks. PROPOSED FEE: We propose to accomplish the work for lump sum fees as follows: SIDEWALKS 2 Sides - One Side -One Street One Side - Both Streets Two Sides -Other Street Both Streets Construction Plans & $ 17,410 $ 15,185 $ 13,110 Contract Documents Reimbursables $ 500 $ 500 $ 500 Bidding & Award $ 2,000 $ 2,000 $ 2,000 Total Lump Sump Fee $ 19,910 $ 17,685 $ 15,610 Note: Construction services to be by the Village of Key Biscayne. Any assistance to the Village of Key Biscayne during construction will be on an hourly -rate basis. If this proposal is acceptable to you, please sign below and return one copy to me so that we may proceed with design. Thank you for the opportunity to serve you. ACCEPTED AND AGREED VILLAGE OF KEY BISCAYN C. Samuel Kissinger Village Manager Date 1 60 I g 6 Village of Key Biscayne Williams, Hatfield & Stoner, Inc. West Wood Drive and West Heather Drive - New Sidewalks Page 2