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HomeMy Public PortalAbout1998-34 Architectural, engineering services, surveying agreements (list)RESOLUTION NO. 98-34 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE ATTACHED AGREEMENTS WITH CERTAIN FIRMS TO PROVIDE FOR GENERAL PROFESSIONAL ARCHITECTURAL, ENGINEERING SERVICES AND SURVEYING; 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 agreements, on behalf of the Village, for general architectural, engineering and surveying services on a project specific basis with the following firms: 1.) C.A.P. Engineering Consultants, Inc.; 2.) Corzo Castella Carballo Thompson Salman, P.A.; 3.) Craig A Smith & Associates; 4.) Dammes & Moore; 5.) Glatting Jackson Kercher Anglin Lopez Rinehart, Inc.; 6.) Manuel G. Vera and Associates; 7.) Portuondo Perotti Architects; 8.) Post Buckley Schuh and Jernigan, Inc.; 9.) Robert Currie Partnerships; and 10.) Williams Hatfield & Stoner, Inc. 11.) John Little Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 1st day of July , 1998. 'We CONFCHITA H. ALVAREZ, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFI RICHARD :ATTORNEY VILLAGE OF KEY BISCAYNE AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT, made and entered into this lei day of Wes` , 19 98, by and between the Village of Key Biscayne (the "VILLAGE") and C.A.P. Engineering Consultants (the "CONSULTANT"). RECITALS: The VILLAGE wants to engage the CONSULTANT to perform General Professional Architectural and Engineering Services ("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. The Consultant will provide General Professional Architectural and Engineering Services on a project specific basis. A separate proposal for each project with a defined scope will be presented for review and approval prior to the start of each project. 2. FEES FOR SERVICES The CONSULTANT agrees to charge the VILLAGE for Specified Services. Project specific Contracts will be presented for review and approval as requested by the Village Manager. Terms and conditions outlined therein. 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 year(s) unless earlier terminated pursuant to paragraph seven. 4. GENERAL TERMS AND CONDITIONS All work papers and documents that result from the CONSULTANT providing Specified Services shall be the property of the VILLAGE. Upon termination of this Agreement or 1 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. ASSIGNMENT This Agreement shall not be assignable by the CONSULTANT. 6. PROHIBITION AGAINST CONTINGENT FEES The CONSULTANT represents 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. 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 CONSULTANT shall be paid in accordance with the provisions of this Agreement for all acceptable work performed up to the date of termination. 8. 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. 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 CONSULTANT The CONSULTANT hereby 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. The CONSULTANT shall furnish proof that he has Worker's Compensation Insurance as required by Chapter 440, Florida Statutes and, where applicable, coverage for the U.S. 2 Longshoremen's and Harbor Worker's Act and the Jones Act. The CONSULTANT shall also furnish proof that he has Contractual Liability Insurance and Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with this work, in an amount no less than $1,000,000 per Occurrence for Bodily Injury and Property Damage combined. 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: With a copy to: CONSULTANT: 12. 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, Scrota & Helfman, P.A. 2665 South Bayshore Drive Suite 204 Miami, Florida 33133 C.A.P. Engineering Consultants 100 Miracle Mile Suite 300 Coral Gables, FL 33134 (305) 461-5484 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: VILLAGE: C.A.P. Engineering Consultants Village of Key Biscayne 100 Miracle Mile, Suite 300 85 West McIntyre Street Coral Gables, Florida Key Biscayne, Florida 33149 3 Attest: Attest. Author ed\py Village`' - y, 1998 4 VILLAGE OF KEY BISCAYNE AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT, made and entered into this 15th day of July , 19 98, by and between the Village of Key Biscayne (the "VILLAGE") and Corzo Castella Carballo Thompson Salman, P.A. (the "CONSULTANT"). RECITALS: The VILLAGE wants to engage the CONSULTANT to perform General Professional Architectural and Engineering Services ("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. The Consultant will provide General Professional Architectural and Engineering Services on a project specific basis. A separate proposal for each project with a defined scope will be presented for review and approval prior to the start of each project. 2. FEES FOR SERVICES The CONSULTANT agrees to charge the VILLAGE for Specified Services. Project specific Contracts will be presented for review and approval as requested by the Village Manager. Terms and conditions outlined therein. 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 year(s) unless earlier terminated pursuant to paragraph seven. 4. GENERAL TERMS AND CONDITIONS All work papers and documents 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. ASSIGNMENT This Agreement shall not be assignable by the CONSULTANT. 6. PROHIBITION AGAINST CONTINGENT FEES The CONSULTANT represents 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. 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 CONSULTANT shall be paid in accordance with the provisions of the Agreement for all acceptable work performed up to the date of termination. 8. 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. 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 CONSULTANT The CONSULTANT hereby 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: With a copy to: CONSULTANT: 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 204 Miami, Florida 33133 Corzo Castella Carballo Thompson Salman, P.A. 901 Ponce de Leon Blvd., Suite 900 Coral Gables, Florida 33134 12. GOVERNING LAW 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: VILLAGE: Corzo Castella Carballo Thompson Salman, P.A. Village of Key Biscayne 901 Ponce de Leon Boulevard, Suite 900 85 West McIntyre Street Coral Gables, Florida 33134 / A K- : iscayne, Florida 33149 Attest: Corzo Castella Carballo Thompson Salman/P.A. Authorized by Village Council By: Attest: July 1, 1998 VILLAGE OF KEY BISCAYNE AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT, made and entered into this 15th day of July , 19 98, by and between the Village of Key Biscayne (the "VILLAGE") and Craig A. Smith & Associates (the "CONSULTANT"). RECITALS: The VILLAGE wants to engage the CONSULTANT to perform General Professional Architectural and Engineering Services ("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. The Consultant will provide General Professional Architectural and Engineering Services on a project specific basis. A separate proposal for each project with a defined scope will be presented for review and approval prior to the start of the project. 2. FEES FOR SERVICES The CONSULTANT agrees to charge the VILLAGE for Specified Services. Project specific contracts will be presented for review and approval as requested by the Village Manager. Terms and conditions outlined therein. 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 year(s) unless earlier terminated pursuant to paragraph seven. 4. GENERAL TERMS AND CONDITIONS All work papers and documents 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. 1 5. ASSIGNMENT This Agreement shall not be assignable by the CONSULTANT. 6. PROHIBITION AGAINST CONTINGENT FEES The CONSULTANT represents 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. 7. TERMINATION This Agreement may be terminated by the VILLAGE upon 45 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 this Agreement for all acceptable work performed up to the date of termination. 8. 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. 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 CONSULTANT The CONSULTANT hereby 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. The CONSULTANT shall furnish proof that he has Worker's Compensation Insurance as required by Chapter 440, Florida Statutes and, where applicable, coverage for the U.S. Longshoremen's and Harbor Worker's Act and the Jones Act. The CONSULTANT shall also furnish proof that he has Contractual Liability Insurance and Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in 2 connection with this work, in an amount no less than $1,000,000 per Occurrence for Bodily Injury and Property Damage combined. 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: With a copy to: CONSULTANT: 12. 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 & Helfnian, P.A. 2665 South Bayshore Drive Suite 204 Miami, Florida 33133 Craig A. Smith & Associates 1000 West McNab Road Pompano Beach, FL 33069 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: Craig A. Smith & Associates 1000 West McNab Road Pompano Beach, FL 33069 By: -faig A. With & Associates. & i ' ct,Ng.I-1 - Attest Authorized by Village Council tab+r By: 1 DEi.fr. Attest. July 1, 1998 3 VILLAGE: Village of Key Biscayne 85 West McIntyre Street Key C cayne, Florida 33149 VILLAGE OF KEY BISCAYNE AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT, made and entered into this 15th day of July , 19 98, by and between the Village of Key Biscayne (the "VILLAGE") and Glatting Jackson Kercher Anglin Lopez Rinehart (the "CONSULTANT"). RECITALS: The VILLAGE wants to engage the CONSULTANT to perform General Professional Architectural and Engineering Services ("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. The Consultant will provide General Professional Architectural and Engineering Services on a project specific basis. A separate proposal for each project with a defined scope will be presented for review and approval prior to the start of each project. 2. FEES FOR SERVICES The CONSULTANT agrees to charge the VILLAGE for Specified Services. Project specific Contracts will be presented for review and approval as requested by the Village Manager. Terms and conditions outlined therein. 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 year(s) unless earlier terminated pursuant to paragraph seven. 4. GENERAL TERMS AND CONDITIONS All work papers and documents 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. 1 5. ASSIGNMENT This Agreement shall not be assignable by the CONSULTANT. 6. PROHIBITION AGAINST CONTINGENT FEES The CONSULTANT represents 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. 7. TERMINATION This Agreement may be terminated by the VILLAGE upon 45 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 Paragraph 2 for all acceptable work performed up to the date of termination. 8. 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. 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 CONSULTANT The CONSULTANT hereby 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. The CONSULTANT shall furnish proof that he has Worker's Compensation Insurance as required by Chapter 440, Florida Statutes and, where applicable, coverage for the U.S. Longshoremen's and Harbor Worker's Act and the Jones Act. The CONSULTANT shall also furnish proof that he has Contractual Liability Insurance and Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with this work, in an amount no less than $1,000,000 per Occurrence for Bodily 2 Injury and Property Damage combined. 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: With a copy to: CONSULTANT: 12. 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 204 Miami, Florida 33133 Glatting Jackson Kercher Anglin Lopez Rinehart 33 East Pine Street The Ellis Building Orlando, FL 32801 (407) 843-6552 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: Glatting Jackson Kercher Anglin Lopez Rinehart 33 East Pine Street The Ellis Building Orlando, FL 32801 By: 1�►� •,.� �� d By Glatting Jac Anglin Lopez erche 52' art/ Authorized by the Village Council on J VILLAGE: Village of Key Biscayne 85 West McIntyre Street Key Biscayne, Florida 33149 Villa M ATTACHMENT A 1998 HOURLY RATE SCHEDULE Principal $165/hour Senior Planner - $115/hour Associate Planner - $95/hour Project Planner $75/hour Planner $55/hour Senior Transportation Planner - $115/hour Associate Transportation Planner $95/hour Project Transportation Planner - $75/hour Transportation Planner - $55/hour Senior Ecologist $115/hour Associate Ecologist - $95/hour Project Ecologist $75/hour Ecologist - $55/hour Senior Landscape Architect - $115/hour Associate Landscape Architect $95/hour Landscape Architect $75/hour Landscape Architectural Designer - $55/hour Senior GIS Specialist $75/hour GIS Specialist $55/hour Senior Graphic Artist - $75/hour Graphic Artist $55/hour Administrative Assistant $35/hour Direct Expenses - All direct expenses incurred in completing the scope of services shall be billed to the CLIENT at a multiple of 1.15 times cost. These costs are in addition to the fees quoted for each Part of the Scope of Services. Direct expenses include costs for reproduction, printing, and other miscellaneous expenses. Personal automobile mileage shall be billed at a rate of $0.315 per mile. Field vehicle mileage shall be billed at a rate of $0.50 per mile. Application, filing, and permit fees shall be paid by the CLIENT to the appropriate agency at the time of application. Glatting Jackson Kercher Anglin Lopez Rinehart, Inc. Page 1 of 1 VILLAGE OF KEY BISCAYNE AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT, made and entered into this el day of Via/Pe- , 19 9$, by and between the Village of Key Biscayne (the "VILLAGE") and Portuondo Perotti Architects (the "CONSULTANT"). RECITALS: The VILLAGE wants to engage the CONSULTANT to perform General Professional Architectural and Engineering Services ("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. The Consultant will provide General Professional Architectural and Engineering Services on a project specific basis. A separate proposal for each project with a defined scope will be presented for review and approval prior to the start of each project. 2. FEES FOR SERVICES The CONSULTANT agrees to charge the VILLAGE for Specified Services. Project specific Contracts will be presented for review and approval as requested by the Village Manager. Terms and conditions outlined therein. 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 year(s) unless earlier terminated pursuant to paragraph seven. 4. GENERAL TERMS AND CONDITIONS All work papers and documents 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. 1 5. ASSIGNMENT This Agreement shall not be assignable by the CONSULTANT. 6. PROHIBITION AGAINST CONTINGENT FEES The CONSULTANT represents 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. 7. TERMINATION This Agreement may be terminated by the VILLAGE upon 45 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. 8. 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. 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 CONSULTANT The CONSULTANT hereby 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. The CONSULTANT shall furnish proof that he has Worker's Compensation Insurance as required by Chapter 440, Florida Statutes and, where applicable, coverage for the U.S. Longshoremen's and Harbor Worker's Act and the Jones Act. The CONSULTANT shall also furnish proof that he has Contractual Liability Insurance and Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with this work, in an amount no less than $1,000,000 per Occurrence for Bodily Injury and Property Damage combined. 11. NOTICES All notices and communications to the VILLAGE shall be in writing and shall be deemed 2 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, Florida 33149 Richard J. Weiss, Esq. Village Attorney Weiss Serota Helfman Pastoriza & Guedes, P.A. 2665 South Bayshore Drive Suite 204 Miami, Florida 33133 Portuondo Perotti Architects 4102 Laguna Street Coral Gables, FL 33146 (305) 442-1262 12. GOVERNING LAW 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. CONS '_ ANT: VILLAGE: Po Village of Key Biscayne 410► Lagu 3 ' eet West McIntyre Street Co e, Florida 33149 Authorized by Vi11ag council July 1, 1998 3 VILLAGE OF KEY BISCAYNE AGREEMENT FOR PROFESSIONAL SERVICES PORTUONDO PEROTTI ARCHITECTS, INC. HOURLY RATES Principal $ 100.00/hour Architect $ 75.00/hour Draftsman $ 55.00/hour Clerical $ 35.00/hour VILLAGE OF KEY BISCAYNE AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT, made and entered into this 15thday of July , 19 98, by and between the Village of Key Biscayne (the "VILLAGE") and Post Buckley Schuh & Jernigan, Inc., (the "CONSULTANT"). RECITALS: The VILLAGE wants to engage the CONSULTANT to perform General Professional Architectural and Engineering Services 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. The Consultant will provide General Professional Architectural and Engineering Services on a project specific basis. A separate proposal for each project with a defined scope will be presented for review and approval prior to the start of each project. 2. FEES FOR SERVICES The CONSULTANT agrees to charge the VILLAGE for Specified Services. Project specific Contracts will be presented for review and approval as requested by the Village Manager. Terms and conditions outlined therein. 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 year(s) unless earlier terminated pursuant to paragraph seven. 4. GENERAL TERMS AND CONDITIONS All work papers and documents 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. 1 5. ASSIGNMENT This Agreement shall not be assignable by the CONSULTANT. 6. PROHIBITION AGAINST CONTINGENT FEES The CONSULTANT represents 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. 7. TERMINATION This Agreement may be terminated by the VILLAGE upon 45 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 this agreement for all acceptable work performed up to the date of termination. 8. 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. 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 CONSULTANT The CONSULTANT hereby 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. The CONSULTANT shall furnish proof that he has Worker's Compensation Insurance as required by Chapter 440, Florida Statutes and, where applicable, coverage for the U.S. Longshoremen's and Harbor Worker's Act and the Jones Act. 2 The CONSULTANT shall also furnish proof that he has Contractual Liability Insurance and Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with this work, in an amount no less than $1,000,000 per Occurrence for Bodily Injury and Property Damage combined. 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: Witha copy to: CONSULTANT: 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 204 Miami, Florida 33133 Post Buckley Schuh & Jernigan, Inc. 2001 N.W. 107th Avenue Miami, FL 33172 12. HAZARDOUS WASTES, MATERIALS OR SUBSTANCES Unless otherwise specifically provided in this document, the CONSULTANT shall not be responsible for or have control over the discovery, presence handling, removal, transport or disposal of hazardous wastes, materials or substance in any form on the project site. 13. MEDIATION If a dispute arises out of or relates to this contract, or the breach thereof, and is said dispute cannot be settled through direct discussion between the parties, then the parties agree to first endeavor to settle the dispute in an amicable manner by mediation before having recourse to arbitration or a judicial forum. The parties mutually agree that a similar dispute resolution clause will be contained in all other contracts executed by the VILLAGE concerning or related to this contract and all subcontracts executed by the CONSULTANT. 3 14. COST ESTIMATES The VILLAGE hereby acknowledges that the CONSULTANT cannot warrant that any cost estimates provided by the CONSULTANT, or provided to the CONSULTANT by the VILLAGE or their agents, will not vary from actual costs incurred by the VILLAGE. 15. WAIVER Any failure by the CONSULTANT to require strict compliance with any provision of this contract shall not be construed as a waiver of such provision, and the CONSULTANT may subsequently require strict compliance at any time, not withstanding any prior failure to do so. 16. DOCUMENTATION The CONSULTANT is entitled to rely on any and all maps, surveys, drawings and documents provided by the VILLAGE or any of its agents or anyone with whom it has contracted. 17. STAFFING The CONSULTANT reserves the right to substitute similarly qualified personnel for those specified in Exhibit A should said personnel become unavailable. 18. GOVERNING LAW 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: Post Buckley Schuh & Jernigan, Inc. 2001 N.W. 107th Avenue Miami, FL 33172 By: - ��. By: Post Buckley Schuh & iigan, Inc. Attest: Authorized by Council Jul VILLAGE: Village of Key Biscayne 85 West McIntyre Street Ke Bisca e, Florida 33149 4 VILLAGE OF KEY BISCAYNE AGREEMENT FOR SERVICES THIS AGREEMENT, made and entered into on the day of -- 1998 by and )etween the Village of Key Biscayne (the "VILLAGE"), and Robe urrie Partnership (the `CONSULTANT"). RECITALS: The VILLAGE wants to engage the CONSULTANT to perform General Professional Architectural Ind Engineering Services ("Specified Services") The CONSULTANT wants to provide such Specified ervices. In consideration of the mutual covenants in this Agreement, the parties agree as follows: SCOPE OF SERVICES The CONSULTANT agrees to provide Specified Services upon written request from the Village Manager as provided for in this Agreement. The CONSULTANT will provide General Professional Architectural and Engineering Services on a project specific basis. A separate proposal for each Phase with a defined scope will be presented for review and approval prior to the start of each project. The work is described on Exhibit "A" attached hereto. 2. FEES FOR SERVICES The CONSULTANT agrees to charge the VILLAGE for Specified Services. Project specific contracts will be presented for review and approval as requested by the Village Manager. Terms and conditions shall be outlined herein. The CONSULTANT will issue an invoice once per month for the work which has been completed. Said invoices are payable by the VILLAGE within 30 days. The VILLAGE shall pay the CONSULTANT for the faithful performance of this Agreement, in lawful money of the United States of America. Fees shall not exceed the hourly rates set forth on Exhibit "B" attached hereto. 3. TERM This is a continuing contract, unless terminated pursuant to paragraph seven (7). 4. GENERAL TERMS AND CONDITIONS All work papers and documents 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. ASSIGNMENT This Agreement shall not be assignable by the CONSULTANT. 6. PROHIBITION AGAINST CONTINGENT FEES The CONSULTANT represents that it has not employed or retained any company or person, Page 1 of 3 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 bonafide 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. 7. TERMINATION This Agreement may be terminated by the VILLAGE upon 45 days' written notice with or without cause or 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 this Agreement for all acceptable work performed up to the date of termination. 8. 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. 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 CONSULTANT The CONSULTANT hereby 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. The CONSULTANT shall furnish proof that it has Worker's Compensation Insurance as required by Chapter 440 Florida Statutes and, where applicable, coverage for the U.S. Longshoremen's and Harbor Worker's Act and the Jones Act. The CONSULTANT shall furnish proof that it has Professional Liability Insurance in an amount no less than $500,000 per occurrence. The CONSULTANT shall furnish proof that it has Comprehensive General Liability Insurance in an amount no less than $1,000,000 per occurrence and Business Automobile Liability Insurance with a limit of $500,000 per occurrence combined single limit. The Automobile Liability Insurance shall cover all owned, non -owned and hired vehicles used in connection with this work. The VILLAGE shall be included as "Additional Insured" with respect to the General Liability Insurance and Business Automobile Liability Insurance. 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: Page 2 of 3 Village: With a copy to: Consultant: C. Samuel Kissinger Village Manager Village of Key Biscayne 85 West McIntyre Street Key Biscayne, Florida 33149 (305) 365-5514 Richard Jay Weiss, Esq. Village Attorney Weiss Serota Helfman Pastoriza & Guedes, P.A. 2665 South Bayshore Drive. Suite 420 Miami, Florida 33133 (305) 854-0800 Conchita H. Alvarez Village Clerk Village of Key Biscayne 85 West McIntyre Street Key Biscayne, Florida 33149 (305) 365-5506 Robert Currie Partnership 134 N.E. 1st Avenue Delray Beach, Florida 33444 (561) 276-4951 12. GOVERNING LAW 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: Robert Currie Partnership 134 N.E. 1st Avenue Delray Beach, Florida 33444 (561) 27 -4951 By: Attest: rized by Village council VILLAGE: Village of Key Biscayne 85 West McIntyre Street Key Biscayne, Florida 33149 65-5. 14 Page 3 of 3 Exhibit A OUTLINE OF SPECIFIC NATURE OF THE WORK The Specified Services to be provided for each project shall consist of work of a specified nature which is outlined as being for the following purposes: 1) Municipal utilities; 2) Acquisition or improvement of Village lands, buildings and facilities; 3) Roads and transportation facilities; 4) Beach nourishment and improvement; and 5) Environmental permitting. Exhibit B ROBERT G. CURRIE PARTNERSHIP Architects, Planners & Interior Designers AA0002271 STANDARD HOURLY RATES The Robert G. Currie Partnership's standard hourly rates are as follows: Principal Project Manager Technical Level I Technical Level 11 Technical Level 111 Clerical $125.00 per hour $ 95.00 per hour $ 75.00 per hour $ 55.00 per hour $ 45.00 per hour $ 35.00 per hour Robert G. Currie, ALA_ Jess M. Sowards, ALA 134 Northeast 1st Avenue, Delray Beach, Florida 33444 Telephone: (561) 276- 4951 Facsimile: (561) 243-8184 E-mail: rcpse@aol.com VILLAGE OF KEY BISCAYNE AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT, made and entered into on the day of 3—Jel , 1998 by and between the Village of Key Biscayne, Dade County, Florida, party of the fi/st (hereinafter called "Village"), and WILLIAMS HATFIELD & STONER, INC. party of the second part (Hereinafter called "Contractor"); RECITALS The VILLAGE wants to engage the CONTRACTOR to perform General Professional Architectural and Engineering Services ("Specified Services"). The CONTRACTOR wants to provide such Specified Services. In consideration of the mutual covenants 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. The Contractor will provide General Professional Architectural and Engineering Services on a project specific basis. A separate proposal for each project with a defined scope will be presented for review and approval prior to the start of each project. 2. FEES FOR SERVICES The CONTRACTOR agrees to charge the VILLAGE for Specified Services. Project specific Contracts will be presented for review and approval as requested by the Village Manager. Terms and conditions outlined therein. 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 unless terminated pursuant to paragraph 7 or extended pursuant to paragraph 9. 4. GENERAL TERMS AND CONDITIONS The VILLAGE reserves the right to increase or decrease the quantity of items installed with appropriate adjustments to the contract price. 1 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 bonafide employee 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, continent upon or resulting from the award or making of this Agreement unless approved by the Manager of the Village of Key Biscayne. 7. TERMINATION This Agreement may be terminated by the VILLAGE upon ten days' written notice with or without cause 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 Paragraph 2 of this contract for all acceptable work perfoiiued up tp 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 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 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. 2 The CONTRACTOR shall furnish proof that he has Worker's Compensation Insurance as required by Chapter 440, Florida Statutes and, where applicable, coverage for the U.S. Longshoremen's and Harbor Worker's Act and the Jones Act. The CONTRACTOR shall also furnish proof that he has Contractual Liability Insurance and Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with this work, in an amount no less than $1,000,000 per Occurrence for Bodily Injury and Property Damage combined. 11. ATTORNEY'S FEES In connection with any litigation arising out of this Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and costs. This provision shall exclude all litigation resolved by agreement of the parties. 12. NOTICES All notices and communications to the VILLAGE shall be in writing and shall be deemed to have 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: C. Samuel Kissinger Village Manager 85 West McIntyre Street Key Biscayne, Florida 33149 Richard Jay Weiss, Esq. Village Attorney Weiss Serota & Helfman, P.A. 2665 South Bayshore Drive Suite 204 Miami, Florida 33133 Conchita H. Alvarez Village Clerk 85 West McIntyre Street Key Biscayne, Florida 33149 3 Contractor: Williams Hatfield & Stoner, Inc. 4601 Ponce de Leon Blvd. Suite 220 Coral Gables, FL 33146 (305) 663-5777 14. GOVERNING LAW 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 & Stoner, Inc. 4601 Ponce de Leon Blyd., Suite 220 Coral Gables, FL 33 July 1 , 1998. Authorized by the Village Council on 4 VILLAGE: Village of Key Biscayne 85 West McIntyre Street Key Biscayne, Florida 33149 ssinge Manager