HomeMy Public PortalAbout1999-59 Approving second amendment to VKB agreement for architectural services for fire station projectRESOLUTION NO. 99-59
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA; APPROVING
SECOND AMENDMENT TO VILLAGE OF KEY BISCAYNE
AGREEMENT FOR PROFESSIONAL ARCHITECTURAL
SERVICES FOR FIRE STATION PROJECT; PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the Village Council finds that the approval of the attached Second Amendment
to Village of Key Biscayne Agreement for Professional Architectural Services for Fire Station
Project (the "Second Amendment to Agreement") is in the best interest of the Village.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS:
Section 1. That the Second Amendment to Agreement, in substantially the form attached
hereto, is hereby approved and the Village Manager is authorized to execute such Second
Amendment to Agreement on behalf of the Village.
Section 2. Effective Date. This resolution shall take effect immediately upon adoption
PASSED AND ADOPTED this 22nd day of June , 1999.
OR JOE I. RASC
CONCHITA H. ALVAREZ, CMC
VILLAGE CLERK
APPROVED AS TO FOR
A AL SUFFICIENCY:
RICHARD JAY ISS, V AGE NEY
SECOND AMENDMENT
TO VILLAGE OF KEY BISCAYNE
AGREEMENT FOR
PROFESSIONAL ARCHITECTURAL SERVICES
FOR FIRE STATION PROJECT
THIS SECOND AMENDMENT TO AGREEMENT IS MADE THIS 23 RA. DAY
OF JUNE, 1999.
WHEREAS, on the 13th of October, 1998, the Village entered into an Agreement for
Professional Architectural Services for Fire Station Project (the "Agreement") with O.B.M.
Miami, Inc. ("O.B.M. "); and
WHEREAS, the Agreement was amended on April 2.1l+', 1999; and
WHEREAS, the Council desires to amend the Agreement to provide for OBM's
responsibility to coordinate with the State Department of Management Services.
IN CONSIDERATION OF THE MUTUAL COVENANTS SET FORTH IN THIS
AMENDMENT TO AGREEMENT, THE PARTIES AGREE AS FOLLOWS:
1. That Section XV "Coordination" is hereby created to read as follows:
XV. COORDINATION
A. OBM shall provide its services in coordination with the
service of the State Department of Management Services, and in
compliance with Village's Agreement of June , 1999 with
the Building Construction ("BC") section of the State Department
of Management Services (the "Village/State Agreement) .
B. OBM agrees that the inability of the Village to approve
the award of an acceptable construction contract because the BC
is unable to successfully negotiate with the most qualified
contractor for a guaranteed maximum price which is not greater
than the available budgeted funds shall be cause for OBM to be
required, at no additional charge to Village, to revise the project
design at OBM's own cost and expense in accordance with the
requirements of the Village/State Agreement until a contract can
be awarded within the Project amount budgeted.
2. That except as amended above, and as previously amended, the Agreement shall
remain in full force and effect in accordance with its terms.
IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this
Second Amendment to Agreement upon the terms and conditions above stated on the day and year
first above written.
OBM:
O.B.M. Miami, Inc.
2600 Douglas Road
Suite 510
Coral Gables, FL 33134
B
VILLAGE:
C. Samuel Kissinger, Village Manager
Village of Key Biscayne
85 West McIntyre Street
Key Biscayne, FL 33149
By:
C. Samuel singer
Village Manager
Pursuant to Village Council action
on the ZtL1 day of June, 1999.
illage Clerk
Village Attorney
103001\ agreements\second amendment to professional architectural services for fire station