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Home My Public Portal About1999-32 Landscape materials purchase, installation contract with U.S. LawnsRESOLUTION NO. 99-32 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO ENTER INTO CONTRACT WITH U.S. LAWNS FOR THE PURCHASE AND INSTALLATION OF LANDSCAPE MATERIALS IN CONNECTION WITH TRAFFIC CALMING DEVICES LOCATED ON WEST MASHTA DRIVE AND HARBOR DRIVE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the installation of landscaping in the traffic circles and median dividers on W. Mashta and Harbor Drive will complement construction of said devices; and WHEREAS, the installation of landscaping will aid in calming traffic and add aesthetically to the surrounding environment; and WHEREAS, the selected plant list was a collaborative effort between staff and the Village Beautification Foundation; and WHEREAS, the Village requested competitive bids, and U.S. Lawns was the lowest bidder. NOW 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 U.S. Lawns, for the purchase and installation of landscape materials in conjunction with traffic calming devices located on West Mashta Drive and Harbor Drive. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 20th day of April 1999. AYOR JOE I. RASCO . CHITA H. ALVAREZ, CMC VILLAGE CLERK 17. PiOI.t'� -'' APPROVED AS TO FORM AND LEGAL SUFFICIENCY: RICHARD J. WEISS, VILLAGE ATTORNEY VILLAGE OF KEY BISCAYNE AGREEMENT FOR SERVICES THIS AGREEMENT, made and entered into on the‘ -t1\ day of -April, 999 by and between the Village of Key Biscayne, Dade County, Florida, party of the first (hereinafter called "Village"), and U.S. Lawns, party of the second part (Hereinafter called "Contractor"); RECITALS The VILLAGE wants to engage the CONTRACTOR to perform certain services as described in accordance with paragraph 1, scope of services to this Agreement ("Specified Services"). The CONTRACTOR wants to provide such Specified Services in connection with purchasing and installing landscape materials for traffic calming devices located on W. Mashta Drive and Harbor Drive. In consideration of the mutual covenants in this Agreement, the parties agree as follows: 1. SCOPE OF SERVICES A. The CONTRACTOR agrees, as directed by the Village Manager, to perform the following services: - Provide the Village of Key Biscayne with the purchase and installation of landscape materials in conjunction with traffic calming devices located on West Mashta Drive and Harbor Drive. (Attached as Exhibit A) 2. FEES FOR SERVICES The CONTRACTOR agrees to charge the VILLAGE for Specified Services provided in accordance in Exhibit A in an amount not to exceed TWENTY-EIGHT THOUSAND, FIVE HUNDRED AND TEN dollars ($28,510.00). The Village shall pay CONTRACTOR in full when project is 100% complete. In addition, said CONTRACTOR shall guarantee workmanship for one year. 3. TERM The term of this agreement is 12 months 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. 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 performed 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 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. 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 2 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: Contractor: 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 U.S. Lawns 1405 S.W. 107th Avenue, Suite 301-B Miami, Florida 33174 (305) 225-4492 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: U.S. Lawns 1405 S.W. 107th Avenue, Suite 301 Miami, Florida 33174 By: 3,,,L;,,._ U.S. Lawns �"� r Print Name: Y � � ,e g_' O ,,,,, .e\ Attest: Print Name: VILLAGE: Village of Key Biscayne 85 West McIntyre Street Key Biscayne, Florida 33149 By: anager Attest: Authorized by the Village Council on April 20, 1999. 3 EXHIBIT "A" Quantity Type Price Total 7 Sable Palms -12 ft $145.00 $1,015.00 7 Sable Palms -16 ft $145.00 $1,015.00 7 Sable Palms -20 ft $145.00 $1,015.00 18 Buccaneer Palms - 10 ft $615.00 $11,070.00 60 Zamia Integrifolia $18.00 $1,080.00 150 Bougainvillea (75 white, 75 Magenta) $13.80 $2,070.00 3 Lignum - Vitea $840.00 $2,520.00 6 Pithecellobium Guadelupense (Black Bead) $450.00 $2,700.00 Scope of Work Contractor is responsible for providing full landscaping services including site preparation, purchase and installation of materials listed above and establishment care as described below, to ensure healthy, attractive landscaping. Contractor is responsible for complete and proper site preparation, including, but not limited to removing existing landscaping (sod, tree stumps, Alexander Palms, and Lantana) and construction debris if present; ensuring proper drainage; proper size planting hole; and introduction of soil if required. All landscaping material selected must be free of any pest or disease. Contractor is responsible for watering landscaping for at least 3 months after installation. Contractor is also responsible for fertilizing as required to ensure healthy„ attractive landscaping. Contractor is responsible for guaranteeing all landscaping for (1) year.