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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