HomeMy Public PortalAbout2000 Woodcrest and West McIntyre Sidewalks.tifRESOLUTION NO. 2000-64
A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA; PROVIDING FUNDS FOR THE STUDY OF
CONSTRUCTION OF SIDEWALK ALONG WOODCREST
ROAD AND PORTIONS OF WEST MCINTYRE,
AUTHORIZING AN ENGINEERING FIRM TO PROVIDE
ENGINEERING SERVICES FOR THE SIDEWALK
PROGRAM AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, funds in the amount of $200,000 are included in the Capital Improvement Fund
for the sidewalk construction; and
WHEREAS, the Village Council wants to extend the sidewalk program along the entire
length of Woodcrest Road and portions of West McIntyre Street from Harbor Drive to the Key
Biscayne Elementary School at Ridgewood Road for an estimated project cost of $200,000, Exhibit
"A"; and.
WHEREAS, the firm of Williams Hatfield & Stoner, Inc. is on the list of approved
engineering firms as per Resolution 99-47 adopted August 25, 1999.
NOW THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE AS FOLLOWS:
Section 1. The Village Manager is hereby authorized to execute the agreement, in
substantially the form attached, between Williams Hatfield & Stoner, Inc. and the Village for
professional engineering services for the 2000-2001 sidewalk construction program, as outlined
above, Exhibit B at a cost estimated at $26,400 plus reimbursables;.
Section 2. The Village Manager is authorized to execute each phase separately for the work
contained in the attached agreement.
Section 3. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 5th day of December , 2000.
CONCHITA H. ALVAREZ, CMC, VILLAGE C
APPROVED AS TO FORM AND LEGAL S
RICHARD J. WEISS, VILLAGE ATTORNEY
stY
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PLORIDt*
(_______
4
MAYOR JOE I. RASCO
VILLAGE OF KEY BISCAYNE
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT, made and entered into this x~44, day of 13-'
by and between the VILLAGE OF KEY BISCAYN (the " VILLAG ') an
Stoner a Florida Corporation, (the "CONSULTANT").
RECITALS:
, 2001,
iliam hatfield &
The VILLAGE wants to engage the CONSULTANT to perform certain professional services
in conjunction with Portions of West McIntyre Street and Woodcrest Road Sidewalk
Construction Project (the "NroJect"). i he c.;ON UL 1 AN 1 wants to provide such 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 services in conjunction with the Project more
specifically described in Exhibit "A" attached and made part of this Agreement upon
the written authorization of the Village Manager to do so.
2. Fees for Services
The CONSULTANT agrees to charge the VILLAGE, and the VILLAGE agrees to pay
the CONSULTANT for services as shown in Exhibit "A".
Fees shall be due and payable monthly. The amount due shall be that part of the
assignment performed by the CONSULTANT during the preceding months.
3. Term
The term of this Agreement shall for 0. year(s), unless earlier terminated pursuant
to paragraph eight or extended by written amendment to this Agreement.
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 services shall herein 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 the following insurance at the stated
minimum amounts:
Professional Liability $1,000,000
Workers Compensation 500,000
Public Liability and Property Damage 1,000,000
Automotive Liability and Property Damage 1,000,000
The VILLAGE shall be named as an additional insured on all of the above 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 Assignment 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 bonafide 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 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. Additional Services
Additional services shall be authorized by the VILLAGE in writing in advance and paid
for on a time charge basis at the hourly rates agreed to prior to the work being
'performed.
12. Warranties of CONSULTANT
The CONSULTANT 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. All work to be performed by CONSULTANT under this Agreement
shall be diligently performed in a professional, businesslike manner.
13. Attorneys Fees
In connection with any litigation arising out of this Agreement, the prevailing party
shall be entitled to recover reasonable attorneys' fees and court costs, including such
fees and costs incurred in trial and appellate proceedings. The parties recognize that
other provisions of this Agreement provide consideration for this provision.
14. 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:
C. Samuel Kissinger
Village Manager
Village of Key Biscayne
85 West McIntyre Street
Key Biscayne, FL 33149
Richard J. Weiss, Esquire
Village Attorney
Weiss Serota Helfman
Pastoriza & Guedes, P.A.
2665 South Bayshore Drive, Suite 420
Key Biscayne, FL 33149
William Hatfield & Stoner, Inc.
4601 Ponce de Leon Blvd.
Suite 220
Key Biscayne, FL 33146
14. Governing Law
This Agreement shall be constructed in accordance with the laws of the State of
Florida. Venue for any litigation arising out of this Agreement shall be in the Florida
State Courts in Miami -Dade County, Florida. The parties hereby expressly waive any
right to a trial by jury.
15. Indemnification
The CONSULTANT shall, at all times hereafter, indemnify and hold harmless the
VILLAGE, its agents, servants and employees from and against any claim demand
or cause of action of any kind or nature (including reasonable attorney fees) arising
out of negligent act, error or omission of CONSULTANT, its agents, servants, or
employees in the performance of services under this Agreement.
The VILLAGE shall indemnify and save harmless and defend the CONSULTANT, its
agents, servants, and employees from and against any claim, demand or cause of
action of whatsoever kind or nature arising out of negligent act, error or omission of the
VILLAGE, its agents, servants, or employees in the performance of services under this
Agreement, only to the extent permitted by law.
16. Relationship of Parties
Nothing contained in this Agreement shall be deemed or construed to create the
relationship of principal and agent or of partnership or of joint venture or of any
association whatsoever between CONSULTANT and VILLAGE, it being expressly
understood and agreed that the relationship created by this Agreement is that of an
independent contractor.
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 & Stoner, Inc.
4601 Ponce de Leon Blvd., Suite 220
Coral Gables, FL 33146
B
Attest:
14C:KA 4 I-( Veeesil - F~ w
Authorized by Resolution geico--(4 .
VILLAGE:
Village of Key Biscayne
85 West McIntyre Street
Key Biscayne, FL 33149
EXHIBIT A
PROPOSAL FOR PROFESSIONAL ENGINEERING AND SURVEY ING SERVICES
VILLAGE OF KEY BISCAYNE
FOR SIDEWALK CONSTRUCTION AT WEST NICLNIYRE STREET AND
WOODCREST ROAD
INTRODUCTION:
Williams, Hatfield & Stoner, Inc (WHS) will provide professional engineering design services
and a field survey for sidewalk construction. The limits of the sidewalk construction are as
follows
• West McIntyre Street from Harbor Drive to Ridgewood Road
• Woodcrest Road from Harbor Drive to West Mashta Drive
SCOPE OF SERVICES
A) The field survey will provide the following:
• Elevations on 100' stations at the centerline of pavement, edge of pavement,
15' and 25' from centerline of pavement excluding street intersections
• Elevations at intersecting driveways.
• Trees, landscaping and above -ground improvements located within the area of
15' to 25' from the centerline of the pavement.
The field survey data will be formatted on a 24" x 36" base map at 1" = 40' scale.
The following is the basis for the survey-
• 50' right-of-way for both roadways.
• 5' sidewalk placed with the back of the sidewalk at the right-of-way tine
• Sidewalk on one side of the street
• West McIntyre Street 1,500 ± LF Two 24" x 36" Plan Sheets
• Woodcrest Road 3,300 ± LF Four 24" x 36" Nan Sheets
B) The engineering design services will be as follows
New sidewalk will be added to one side of West McIntyre Street and Woodcrest Road
We will prepare the following construction plans:
• Key Sheet
• Sidewalk Plan Sheets
1 sheet
6 sheets
C r!(age of -Key fitscgvne November 29, 2000 Williams, Hatfield & Stoner, Inc.
Engrneerrng and Surrewng for West _tic:ntvre Streer and rvoodcrest Road Page 1 of
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