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Home My Public Portal About1999-84 Authorizing to execute an agreement with Gorgeous Lawns, IncRESOLUTION NO. 99-84 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE ATTACHED AGREEMENT WITH GORGEOUS LAWNS, INC., MIAMI, FLORIDA, FOR THE INSTALLATION OF LANDSCAPING, PAVERS, AND BENCHES WITHIN THE EASEMENT ADJACENT TO THE FERNWOOD ROAD PERIMETER OF THE BELLSOUTH PROPERTY, 89 WEST WOOD DRIVE, ; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the residents of the Village have expressed a strong desire for improving the aesthetic quality of the community streets to accompany the high quality of the residential neighborhoods; and WHEREAS, the right-of-way adjacent to the BellSouth property represents an aesthetically harsh condition in need of softening and screening from the adjacent residences to the west; and WHEREAS, the vicinity of the BellSouth easement is a heavily traveled pedestrian area lacking any sort of pedestrian amenity; and WHEREAS, the BellSouth easement area is of a depth to afford the opportunity for a seating areas along the route of pedestrian travel; and WHEREAS, the residents and Village Staff agree that landscaping and seating areas along the BellSouth property would accomplish the goals of softening and screening the commercial areas from adjacent residences and provide pedestrian amenities; and WHEREAS, the Village Beautification Foundation has approved the attached plan for the BellSouth easement; and WHEREAS, the Village, in order to provide said landscaping and seating, requires the services of a professional landscape contractor. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS: Section 1. The Village Manager is authorized to execute the attached agreement with Gorgeous Lawns, Inc., Miami, Florida, for the installation of landscaping, pavers, and benches within the easement adjacent to the Fernwood Road perimeter of the BellSouth property, 89 West Wood Drive. Section 2. The Village Manager is authorized to execute the agreement in phases as he deems necessary. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 12th day of October , 1999. • • ‘diteZ NCHITA H. ALVAREZ, CMC, VILLAGE C APPROVED AS TO FORM AND LEGAL SUFFICIEN fr RD JAY WEISS, VILLAGE ATTORNEY MAYOR JOE I. RASCO VILLAGE OF KEY BISCAYNE AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT, made and entered into this 6th day of October, 1999, by and between the VILLAGE OF KEY BISCAYNE (the "VILLAGE") and Arazoza Brothers Corporation, a Florida corporation, (the "CONSULTANT"). RECITALS: The VILLAGE wants to engage the CONSULTANT to perform certain professional services as specifically described in Exhibit A to this Agreement ("Specified Services"). The CONSULTANT wants to provide such Specified Services. In the event of any conflict between this Agreement and any Exhibit, this Agreement shall control. 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. 2. FEES FOR SERVICES The CONSULTANT agrees to charge the VILLAGE for Specified Services provided in accordance with the fee schedule attached as Exhibit B. 3. TERM The term of this Agreement is six (6) months unless earlier terminated pursuant to paragraph 8. 4. GENERAL TERMS AND CONDITIONS All original sketches, tracing, 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 professional liability insurance, worker's compensation insurance, comprehensive general liability insurance, and automotive liability insurance, with minimum policy limits in the amount of Three Hundred Thousand ($300,000.00), Dollars per occurrence, combined single limit for bodily injury and property damage, except that the amount of worker's compensation insurance shall be as provided by Chapter 440, F.S. The VILLAGE shall be named as an additional insured on all of the above insurance policies. Each insurance policy shall state that it is not cancelable without written notice to the VILLAGE 30 days prior to the effective date of said cancellation. 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 in accordance with the provisions of Exhibit B 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 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 Specific Services. CONSULTANT shall obtain all permits. 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 or CONSULTANT 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 Jay Weiss, Esq. Village Attorney Weiss Serota Helfman Pastoriza & Guedes, P.A. 2665 South Bayshore Drive, Suite 420 Miami, Florida 33133 Jesus Rodriguez President Gorgeous Lawns, Inc. 19495 S.W. 210`'' Street Miami, Florida 33187 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. CONSULTANT: GORGEOUS LAWNS, INC. 19495 S.W. 210th Street Miami, Florida 33187 VILLAGE: VILLAGE OF KEY BISCAYNE 85 West McIntyre Street Key Biscayne, Florida 33149 By: Attes Jesus Rodriguez President Corporate Secretary By: f99� LLORi%t' C:\My Documents\CONTRACTS\bellsouth&fernwoodesmt.contract.wpd illage Clerk r, ia/fe PLANT LIST 78 T 44 fi4-1 �.t,Nt To $E tasmovgD QTY. SYMBOL BOTANICAL NAME COMMON NAME SPECIFICATIONS 19 AC Acacia choriophylta Cinnecord 10'•12 height. field grown 78 38 85 CR JM RC Crinum Jatropha mulufda Ruellia carolnensis Cdnum Lily 7 gallon cont. Coral Plant 10 gallon cont.. 90' o.c. WSW Petunia 1 gallon container, 24' o.c. Notes Landscaper to remove sod and provide T layer of slvedded Cypress mulct and repair existing ungauon throughout the 500 sq. R planted area; also responsrbte for removal of one Chinese Fan Palm Alt plan) matenal to be Grade 1 Ftonda Fancy, fertilized by the landscaper and guaranteed for one year from date of ptantug Hard features Landscaper to supply and instal 180 sq. 11. pavers per plan (coordinate with Key Biscayne Public Works Director for paver specs), and 10 Install three Key Biscayne Park standard benches supplied by the Wage. NWoOD IzQ,4P t 719M XI4f 1ILleoN ittAt.t7 N io to '0 fgoi �5M�rr LAND��t" �. Di Gj 121,, 4INii&7° I+,1lit ' G H S 4( 'Av$ 5 OW 1461mNtiONuL 1x11-2 4 Exhibit B The CONSULTANT agrees to charge the VILLAGE for Specified Services. The CONSULTANT will issue invoices upon completion of two stages as follows: 50% of the total price upon completion of permits, bedding preparation, planting of trees, and installation of benches and pavers. 50% of the total price upon completion of the planting and mulching. Said invoice is payable by the VILLAGE within 30 days of receipt. The VILLAGE shall pay to the CONSULTANT for the faithful performance of this agreement, in lawful money of the United States of America. The total compensation is $15,944.00 . C:\My Documents\CONTRACTS\bellsouthesmt.exhibitB.wpd 19,495 SW 210 STREET /1AIAAAI, FL.C7RIC>A 33187 PJ-1c NJE: (305) 251-7319 PROPOSAL VILLAGE OF KEY BISCAYNE BELL SOUTH DESCRIPTION 1) ACACIA CHORIOPHYLLA 19 10'-12' HEIGHT 2) CRINUM 3) JATROPHA MULTIFIDA 4) RUELLIA CAROLINENSIS Signed: 1 accept the terms Name: Signature: QUANTITY SPECIFICATION 78 7 GAL 36 10 GAL 85 1 GAL Remove sod and provide 3" layer of Cypress mulch, repair exiting irrigation the removal of one Chinese Fan Palm supply and install 180 sq. ft. paver ALL OF THE SERVICES MENTIONED ABOVE WILL BE RENDERED FOR $ 15,944.00 DOLLARS . and conditions of this proposal. C? h L SS'i)1/4dCeiL Date: Print na e // 'd'' throughout the 500sq. Ft. THE TOTAL PRICE OF 1o11slff