HomeMy Public PortalAbout1999-100 Authorizing an agreement with Spillis, Candela an d Partners for the Civil Engineering and Electrical Plans associatedRESOLUTION NO. 99-100
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE
OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE
MANAGER TO ENTER INTO AN AGREEMENT WITH THE
SPILLIS, CANDELA, AND PARTNERS FOR THE CIVIL
ENGINEERING AND ELECTRICAL PLANS ASSOCIATED WITH
THE VILLAGE CIVIC CENTER; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Village Council has authorized the Village Manager to enter into an
Agreement with the Spillis, Candela, and Partners for schematic design plans for the Police and
Administrative Office Building; and
WHEREAS, the aforementioned Agreement provides for a separate Agreement, subject to
authorization by the Village Council, for the preparation of civil engineering plans associated with
the infrastructure that is required to service the Village Civic Center; and
WHEREAS, it is now timely to enter into the civil engineering Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS:
Section 1. The Village Council authorizes the Village Manager to enter into the attached
Agreement.
Section 2. That the Village Manager and the Village Attorney are authorized to take any and
all action necessary to implement the Agreement.
Section 3. That the Agreement, in substantially the form attached hereto, is hereby approved
and the Manager is authorized to execute the Agreement on behalf of the Village.
Section 4. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 7th day of December , 1999.
ATT
a/N°
A H. ALVAREZ, CMC, VILLAGE
APPROVED AS TO FORM AND LEGAL S
MAYOR JOE I. RASCO
PloRip
VILLAGE OF KEY BISCAYNE
AGREEMENT FOR PROFESSIONAL SERVICES a
Tr
000
THIS AGREEMENT, made and entered into this r) day of t�v' , by and
between the Village of Key Biscayne (the "VILLAGE") and Spillis, Candela, Partners, (the
"CONSULTANT").
RECITALS:
The VILLAGE wants to engage the CONSULTANT to perform certain professional
services as specifically described in the State of Florida Department of Management Services
Agreement between Owner, Agent & Architect -Engineer (DMS Agreement) and in the attached
letter from Paul Reinarman to C. Samuel Kissinger. 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 the DMS Agreement. The CONSULTANT, will issue an invoice once
a month for the work which has been completed. Said invoice 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,
compensation as provided in the DMS Agreement.
3. TERM
The term of this Agreement is 2 year(s) unless earlier terminated pursuant to
paragraph eight.
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 accordance with the
DMS Agreement.
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 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 and the DMS Agreement 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
Paul Reinarman
Spillis, Candela & Partners
800 Douglas Entrance
Coral Gables, Fl 33134
This Agreement shall be construed in accordance with the laws of the State of Florida.
15. This Agreement shall prevail over any conflicting provisions of the DMS Agreement.
Notwithstanding Sectioin 16.6 of the DMS Agreement, the Village shall make payments due
under this Agreement in lieu of payments by DMS.
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:
Spillis, Candela, & Partners
800 Douglas Entrance
Miami, FL 34
By:
Paul Reinarman
Attest: ()At -a
VILLAGE:
Village of Key Biscayne
85 West McIntyre Street
Key Biscayne, Florida 33149
uel Kissin err �VIi4Ya e Manager
g g g
Authorized by the Village Council December 7, 1999 (Resolution No: 99-100).
Approved as to Form and Legality:
By:
Spillis Candela & Partners, Inc.
ATTACHMENT # 3
DATE November 30, 1999
PROPOSAL TO Village of Key Biscayne
ATTENTION C. Samuel Kissinger
Village of Key Biscayne
CC Jud Kurlancheek
Village of Key Biscayne
Mr. Reggie Hough
Department of Management Services
Dear Mr. Kissinger,
Spillis Candela & Partners, Inc. (SCP) is pleased to offer the following professional services
related to the new Village Complex to be located in Key Biscayne, Florida. This proposal
includes an outline of Civil and Electrical Engineering services and professional fees.
Civil Engineering Scope of Work:
Relocation of West McIntire Street between Crandon Boulevard and Fernwood Road.
Design of all new interior roadways within the complex. Reconstruction of a portion of
Crandon Boulevard. Existing Utilities relocation along West McIntire Street.
This effort will include Demolition Plans, Geometry Plans, Paving Marking Plans, Grading
and Drainage Plans, and Utility Relocation Plans. Profiles and details will be included.
The following services are not included:
1. Civil Engineering work within the new lots.
2. Landscaping.
3. Signalization and Traffic Engineering.
4. Environmental Services.
5. Phasing within Village Complex including Suntrust (to be planned and
coordinated by OBM).
Proposed fee for this effort: $67,500.00
Spillis Candela & Partners, Inc.
Village of Key Biscayne
Scope of Civil Engineering Services
November 30, 1999
Page 2
Electrical Engineering Scope of Work:
Provide new lighting for all the new interior roadways within the complex and any required
luminaire relocation in Crandon Boulevard.
Proposed fee for this effort: $7,500.00
We appreciate the opportunity to provide professional services to the Village of Key
Biscayne and look forward to working with you in the coming months.
If this proposal is acceptable, we will be pleased to begin work upon receipt of your signed
acknowledgement below
After your authorization to proceed, we will invoice our services on a time basis according
to the attached Standard Billing Rates plus expenses until the Contract is finalized. Payments
are due and payable 10 days from the date of invoice. Invoices unpaid 30 days from
the date of invoice will accrue interest after 30 days from date of invoice and may cause
work to be interrupted. All invoices prior to the signing of the contract form will be credited
toward the contracted fee.
If you have any questions regarding this proposal, please feel free to contact me
(305) 444-4691.
Sincerely,
Na r: Gerardo Alv z, P.E.
Title: Senior Associate
Please sign here to authorize SCP to begin work in accordance with the above terms.
dal
Name: C.Sam Kissinger
Title: Village Manager
Village of Key Biscayne