HomeMy Public PortalAbout2000-14 Authorizing the manager to execute contracts for installation of landscaping and hard features in nine (9) Vista Parks/
RESOLUTION NO. 2000-14
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING
THE VILLAGE MANAGER TO EXECUTE CONTRACTS
FOR INSTALLATION OF LANDSCAPING AND HARD
FEATURES IN NINE (9) VISTA PARKS; 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, there exist five currently under-utilized and unsightly right-of-way areas
adjacent to desirable water view corridors which offer desirable sites for emphasis of those views
in vista parks along existing walkways at Canal Hacienda and Harbor Drive, Crandon Boulevard and
Pines Canal, Cape Florida Drive South and Pines Canal, Knollwood Drive and Pines Canal, and
Mariner Drive and Pines Canal; and
WHEREAS, there exists thinning plant materials at a key visual node within the cul-de-sac
at the east end of Ocean Lane Drive which could be improved with minor landscape infill; and
WHEREAS, there exist two key visual nodes where landscaping has become sparse within
cul-de-sacs at Seaview Drive and Cape Florida Drive which could be improved and accentuated with
landscaping and lighting; and
WHEREAS, the area adjacent to the Mashta Island Bridge and traffic circle is in dire need
of upgrading to accompany the new bridge and upcoming fountain to complete the feeling of an
entry to the island as well as an attractive streetscape; and
WHEREAS, the residents, Beautification Committee and Village Staff agree that
landscaping, seating and lighting of these focal visual points throughout Key Biscayne would
accomplish the goal of improving the streetscape while offering desirable amenities of seating and
pleasant views; and
WHEREAS, the Village, in order to provide said vista park and streetscape improvements,
requires the services of professional contractors.
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 a contract to Four Seasons
Landscaping, Inc. to provide landscaping within the north side right of way along Harbor Drive
adjacent to the Canal Hacienda, within the cul-de-sac at the east end of Ocean Lane Drive, and
within the cul-de-sac at the east end of Seaview Drive.
Section 2. The Village Manager is authorized to execute a contract to Bert Newcomb
Landscaping, Inc. to provide landscaping within the west side right of way along Crandon Boulevard
adjacent to the Pines Canal, within the cul-de-sac at the east end of Cape Florida Drive, and within
the south side right of way along Cape Florida Drive adjacent to Pines Canal.
Section 3. The Village Manager is authorized to execute a contract to U.S. Lawns, Inc.
to provide landscaping within the north and south side rights of way along Knollwood Drive adjacent
to the Pines Canal, within the north and south side rights of way along Mariner Drive adjacent to the
Pines Canal, and within the east and west rights of way along Mashta Drive and Harbor Drive in the
vicinity of the Mashta Island bridge and traffic circle, subject to approval of the Mashta Island
Association.
Section 4. The Village Manager is authorized to execute a contract to Gorgeous Lawns
as general contractor to supply irrigation, water meter and backflow preventers within the Canal
Hacienda, Seaview Drive, Crandon Boulevard, Cape Florida Drive East, Cape Florida Drive South,
and Mashta Bridge Vista Park areas and to install pavers and Village Standard benches within the
Canal Hacienda and Crandon Boulevard Vista Park areas.
Section 5. The Village Manager is authorized to execute a contract to Interior Electric
as electric contractor to supply electric meters, panels, and uplights within the Seaview Drive,
Crandon Boulevard, Cape Florida Drive East, and Cape Florida Drive South Vista Park areas.
Section 6. The Village Manager is authorized to execute a contract to MEF Construction
as paving contractor for sidewalks, curb and gutter, and roadway pavers within the Mashta Bridge
Vista Park.
Section 7. The Village Manager is authorized to execute the agreement in phases as he
deems necessary.
Section 8. Funding of the project shall be obtained from the Capital Improvement
Program account in an amount not to exceed $150,000.
Section 9. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 11th day of April , 2000.
ATTEST:
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NCHITA H. ALVAREZ, CMC, VILLAGE CLE
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
RICHARD JAY WEISS, VILLAGE ATTORNEY
MAYOR JOE I. RASCO
VILLAGE OF KEY BISCAYNE
AGREEMENT
FOR
PROFESSIONAL SERVICES
THIS AGREEMENT, made and entered into this 4`h day of May, 2000, by and between the
VILLAGE OF KEY BISCAYNE (the "VILLAGE") and Gorgeous Lawns, Inc., a Florida
corporation, (the "CONTRACTOR").
RECITALS:
The VILLAGE wants to engage the CONTRACTOR to perform certain professional services
as specifically described in Exhibit A to this Agreement ("Specified Services"). The
CONTRACTOR 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 CONTRACTOR agrees to provide Specified Services upon written request from the
Village Manager.
2. FEES FOR SERVICES
The CONTRACTOR agrees to charge the VILLAGE for Specified Services the total lump
sum of Twelve Thousand One Hundred Sixty ($12,160.00) Dollars. This price shall be full
compensation for all costs, including overhead and profit, associated with completion of all the Work
in full conformity with the requirements as stated or shown, or both, in Exhibit A.
3. TERM
The term of this Agreement is six (6) months unless earlier terminated pursuant to paragraph
10.
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 CONTRACTOR 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 CONTRACTOR.
5. INSURANCE
The CONTRACTOR 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 cancellable 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 CONTRACTOR.
7 PROHIBITION AGAINST CONTINGENT FEES
The CONTRACTOR warrants that it has not employed or retained any company or person,
other than a bona fide employee working 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, contingent upon or resulting from the
award or making of this Agreement.
8. TIME FOR COMPLETION
Time is of this essence throughout this Agreement. The Work shall commence within 15
calendar days from the date specified in the Notice to Proceed, and shall be completed and ready for
payment within 15 calendar days thereafter. Final payment shall be made to the CONTRACTOR
within thirty (30) calendar days from the date certified by the VILLAGE as the date of Completion.
9. LIQUIDATED DAMAGES
Upon failure of the CONTRACTOR to commence performance of the Agreement within the
specified period of time, The CONTRACTOR shall pay to the VILLAGE the sum of 1% of the full
Agreement price for each calendar day after the time specified in paragraph 8 above for
Commencement. After commencement of work, should the CONTRACTOR fail to complete the
remaining Work within the time specified in paragraph 8 above for completion and readiness for
final payment, the CONTRACTOR shall pay to the VILLAGE the sum of 1% of the full contract
price for each calendar day after the time specified in paragraph 8 for completion and readiness for
final payment. These amounts are not penalties but are liquidated damages to the VILLAGE for its
inability to obtain full beneficial occupancy and use of the Project. Liquidated damages are hereby
fixed and agreed upon between the parties, recognizing the impossibility of precisely ascertaining
the amount of damages that will be sustained by the VILLAGE as a consequence of such delay, and
both parties desiring to obviate any question or dispute concerning the amount of said damages and
the cost and effect of the failure of the CONTRACTOR to commence or complete the Agreement
on time. The above -stated liquidated damages shall apply separately to each phase of the Project for
which a time for completion is given. The VILLAGE is authorized to deduct the liquidated damages
from monies due to the CONTRACTOR for the Work under this Agreement.
10. TERMINATION
This Agreement may be terminated by the Village upon ten days' written notice with or
without cause and by the CONTRACTOR upon 15 days' written notice with cause. If this
Agreement is terminated, the CONTRACTOR shall be paid in accordance with the provisions of
Section 2 of this Contract for all acceptable work performed up to the date of termination.
11. NONEXCLUSIVE AGREEMENT
The services to be provided by the CONTRACTOR 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.
12. 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.
13. WARRANTIES OF CONTRACTOR
The CONTRACTOR 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. CONTRACTOR
shall obtain all permits.
14. ATTORNEYS FEES
In connection with any litigation arising out of this Agreement, the VILLAGE shall be
entitled to recover reasonable attorneys fees and costs.
15. NOTICES
All notices and communications to the VILLAGE or CONTRACTOR 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:
Contractor:
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. 210th Street
Miami, Florida 33187
16. 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:
GORGEOUS LAWNS, INC.
19495 S.W. 210th Street
Miami, Florida 33187
By:
Attest:
Jesus Rodrigue
President
%I
orporate Secretary
Approved for legal sufficient'.
1
Village Attorney
VILLAGE:
VILLAGE OF KEY BISCAYNE
85 West McIntyre Street
Key Bisca , e, Florjda 33149
nger,
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Village Clerk
EXHIBIT A - Specified Services
KEY BISCAYNE VISTA PARKS IRRIGATION, PAVERS, & BENCH INSTALLATION
(Building, Zoning, & Planning Department, 4/24/00)
I Canal Hacienda
400 sq. ft. pavers and installation (coordinate with Public Works Director)
Water meter & backflow preventer (coordinate with Public Works Director)
Irrigation - 400 linear feet (small pop-up heads)
Installation of 2 village standard benches
IV Crandon Boulevard
1 bench and installation
Water meter & backflow preventer (coordinate with Public Works Director)
Irrigation - 100 linear feet (small pop-up heads)
IX Mashta Bridge Vista Park
2 - 1.5" water meters and backflow preventers (coordinate with Public Works
Director)
Irrigation - 1,250 linear feet (small pop-up heads)
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IRRIGATION SPECIFICATION
KEY BISCAYNE VISTA PARKS AND
STREETSCAP E 1 M P RO VEM ENTS
VILLAGE OF KEY BISCAYNE
AGREEMENT
FOR
PROFESSIONAL SERVICES
THIS AGREEMENT, made and entered into this 4th day of May, 2000, by and between the
VILLAGE OF KEY BISCAYNE (the "VILLAGE") and E.S.P. of South Florida, Inc., a Florida
corporation, (the "CONTRACTOR").
RECITALS:
The VILLAGE wants to engage the CONTRACTOR to perform certain professional services
as specifically described in Exhibit A to this Agreement ("Specified Services"). The
CONTRACTOR 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 CONTRACTOR agrees to provide Specified Services upon written request from the
Village Manager.
2. FEES FOR SERVICES
The CONTRACTOR agrees to charge the VILLAGE for Specified Services the total lump
sum of Eighteen Thousand ($18,000.00) Dollars. This price shall be full compensation for all costs,
including overhead and profit, associated with completion of all the Work in full conformity with
the requirements as stated or shown, or both, in Exhibit A.
3 TERM
The term of this Agreement is six (6) months unless earlier terminated pursuant to paragraph
10.
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 CONTRACTOR 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 CONTRACTOR.
5. INSURANCE
The CONTRACTOR 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 cancellable 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 CONTRACTOR.
7 PROHIBITION AGAINST CONTINGENT FEES
The CONTRACTOR warrants that it has not employed or retained any company or person,
other than a bona fide employee working 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, contingent upon or resulting from the
award or making of this Agreement.
8. TIME FOR COMPLETION
Time is of this essence throughout this Agreement. The Work shall commence within 15
calendar days from the date specified in the Notice to Proceed, and shall be completed and ready for
payment within 15 calendar days thereafter. Final payment shall be made to the CONTRACTOR
within thirty (30) calendar days from the date certified by the VILLAGE as the date of Completion.
9. LIQUIDATED DAMAGES
Upon failure of the CONTRACTOR to commence performance of the Agreement within the
specified period of time, The CONTRACTOR shall pay to the VILLAGE the sum of 1% of the full
Agreement price for each calendar day after the time specified in paragraph 8 above for
Commencement. After commencement of work, should the CONTRACTOR fail to complete the
remaining Work within the time specified in paragraph 8 above for completion and readiness for
final payment, the CONTRACTOR shall pay to the VILLAGE the sum of 1% of the full contract
price for each calendar day after the time specified in paragraph 8 for completion and readiness for
final payment. These amounts are not penalties but are liquidated damages to the VILLAGE for its
inability to obtain full beneficial occupancy and use of the Project. Liquidated damages are hereby
fixed and agreed upon between the parties, recognizing the impossibility of precisely ascertaining
the amount of damages that will be sustained by the VILLAGE as a consequence of such delay, and
both parties desiring to obviate any question or dispute concerning the amount of said damages and
the cost and effect of the failure of the CONTRACTOR to commence or complete the Agreement
on time. The above -stated liquidated damages shall apply separately to each phase of the Project for
which a time for completion is given. The VILLAGE is authorized to deduct the liquidated damages
from monies due to the CONTRACTOR for the Work under this Agreement.
10. TERMINATION
This Agreement may be terminated by the Village upon ten days' written notice with or
without cause and by the CONTRACTOR upon 15 days' written notice with cause. If this
Agreement is terminated, the CONTRACTOR shall be paid in accordance with the provisions of
Section 2 of this Contract for all acceptable work performed up to the date of termination.
11. NONEXCLUSIVE AGREEMENT
The services to be provided by the CONTRACTOR 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.
12. 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.
13. WARRANTIES OF CONTRACTOR
The CONTRACTOR 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. CONTRACTOR
shall obtain all permits.
14. ATTORNEYS FEES
In connection with any litigation arising out of this Agreement, the VILLAGE shall be
entitled to recover reasonable attorneys fees and costs.
15. NOTICES
All notices and communications to the VILLAGE or CONTRACTOR 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:
Contractor:
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
Don Jhonson
President
E.S.P. of South Florida, Inc.
324 N.W. 170th Street
North Miami Beach, Florida 33169
16. 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.
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324 N.W. 170`" Street
North Miami Beach, Florida 3316
By:
Attest:
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Approved for legal sufficiency.
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Village Attorney
VILLAGE:
VILLAGE OF KEY BISCAYNE
85 West McIntyre Street
Key Biscayne, Flo ;da 33149
By:
issinger,
anager
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llage Clerk
EXHIBIT A - Specified Services
KEY BISCAYNE VISTA PARKS ELECTRIC METERS, PANELS AND UPLIGHTS
(Building, Zoning, & Planning Department, 4/24/00)
III Seaview Drive
Electric meter & panel
3 uplights
IV Crandon Boulevard
Electric panel & meter
3 uplights
V Cape Florida Drive East
Electric meter & panel
3 uplights
VI Cape Florida Drive South
Electric meter & panel (buried service)
2 uplights
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VILLAGE OF KEY BISCAYNE
AGREEMENT
FOR
PROFESSIONAL SERVICES
THIS AGREEMENT, made and entered into this 4``' day of May, 2000, by and between the
VILLAGE OF KEY BISCAYNE (the "VILLAGE") and Bert Newcomb Tree & Landscaping
Service, Inc., a Florida corporation, (the "CONTRACTOR").
RECITALS:
The VILLAGE wants to engage the CONTRACTOR to perform certain professional services
as specifically described in Exhibit A to this Agreement ("Specified Services"). The
CONTRACTOR 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 CONTRACTOR agrees to provide Specified Services upon written request from the
Village Manager.
2. FEES FOR SERVICES
The CONTRACTOR agrees to charge the VILLAGE for Specified Services the total lump
sum of Five Thousand One Hundred Twenty ($5,120.00) Dollars. This price shall be full
compensation for all costs, including overhead and profit, associated with completion of all the Work
in full conformity with the requirements as stated or shown, or both, in Exhibit A.
3. TERM
The term of this Agreement is six (6) months unless earlier terminated pursuant to paragraph
10.
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 CONTRACTOR 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 CONTRACTOR.
5. INSURANCE
The CONTRACTOR 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 ofthe above insurance policies.
Each insurance policy shall state that it is not cancellable 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 CONTRACTOR.
7 PROHIBITION AGAINST CONTINGENT FEES
The CONTRACTOR warrants that it has not employed or retained any company or person,
other than a bona fide employee working 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, contingent upon or resulting from the
award or making of this Agreement.
8. TIME FOR COMPLETION
Time is of this essence throughout this Agreement. The Work shall commence within 15
calendar days from the date specified in the Notice to Proceed, and shall be completed and ready for
payment within 15 calendar days thereafter. Final payment shall be made to the CONTRACTOR
within thirty (30) calendar days from the date certified by the VILLAGE as the date of Completion.
9. LIQUIDATED DAMAGES
Upon failure of the CONTRACTOR to commence performance of the Agreement within the
specified period of time, The CONTRACTOR shall pay to the VILLAGE the sum of 1% of the full
Agreement price for each calendar day after the time specified in paragraph 8 above for
Commencement. After commencement of work, should the CONTRACTOR fail to complete the
remaining Work within the time specified in paragraph 8 above for completion and readiness for
final payment, the CONTRACTOR shall pay to the VILLAGE the sum of 1% of the full contract
price for each calendar day after the time specified in paragraph 8 for completion and readiness for
final payment. These amounts are not penalties but are liquidated damages to the VILLAGE for its
inability to obtain full beneficial occupancy and use of the Project. Liquidated damages are hereby
fixed and agreed upon between the parties, recognizing the impossibility of precisely ascertaining
the amount of damages that will be sustained by the VILLAGE as a consequence of such delay, and
both parties desiring to obviate any question or dispute concerning the amount of said damages and
the cost and effect of the failure of the CONTRACTOR to commence or complete the Agreement
on time. The above -stated liquidated damages shall apply separately to each phase of the Project for
which a time for completion is given. The VILLAGE is authorized to deduct the liquidated damages
from monies due to the CONTRACTOR for the Work under this Agreement.
10. TERMINATION
This Agreement may be terminated by the Village upon ten days' written notice with or
without cause and by the CONTRACTOR upon 15 days' written notice with cause. If this
Agreement is terminated, the CONTRACTOR shall be paid in accordance with the provisions of
Section 2 of this Contract for all acceptable work performed up to the date of termination.
11. NONEXCLUSIVE AGREEMENT
The services to be provided by the CONTRACTOR 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.
12. 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.
13. WARRANTIES OF CONTRACTOR
The CONTRACTOR 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. CONTRACTOR
shall obtain all permits.
14. ATTORNEYS FEES
In connection with any litigation arising out of this Agreement, the VILLAGE shall be
entitled to recover reasonable attorneys fees and costs.
15. NOTICES
All notices and communications to the VILLAGE or CONTRACTOR 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:
Contractor:
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
Leigh Livesay
President
Bert Newcomb Tree & Landscaping Service, Inc.
8855 N.W. 95th Street
Miami, Florida 33178
16. 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:
BERT NEWCOMB TREE &
LANDSCAPING SERVICE, INC.
8855 N.W. 95th Street
Miami, Fl rida 33 8
VILLAGE:
VILLAGE OF KEY BISCAYNE
85 West McIntyre Street
Key Biscayne, Florida 33149
Village Clerk
Approved fo legal sufficiency.
1/1^0
Village Attorney
Sew' aoo01-1our4 Ta'
(A 'PART OF -r-vii s AA ielam leN-0
EXHIBIT A - Specified Services
KEY BISCAYNE VISTA PARKS - CRANDON BOULEVARD, CAPE FLORIDA DRIVE
EAST, & CAPE FLORIDA DRIVE SOUTH LANDSCAPING
(Building, Zoning, & Planning Department, 2/17/00)
IV Crandon Boulevard
Excavate 800 sq. ft sod, add topsoil
2 EF Eugenia foetida - Spanish Stopper (10'-12' ht., tree form, field grown)
6 JA Jatropha - Jatropha (3 gallon container)
12 CM Carissa macrocarpa - Dwarf Carissa (3 gallon container)
72 LM Lantana montevidensis - Purple Trailing Lantana
(1 gallon container, 18" on center)
V Cape Florida Drive East
Excavate 1,000 sq. ft. sod, add topsoil
4 MP Murraya paniculata - Orange Jasmine (3 gallon full, shrub form)
13 PTV Pittosporum tobira Variegate' -
Variegated Pittosporum (3 gallon container)
Remove any remaining lilies & Thryallis
3 large rocks (2'x4' min.)
VI Cape Florida Drive South
Excavate 1,400 sq. ft. sod and weeds, add topsoil
2 CN Cocos nucifera - Coconut Trees (10'-12' height)
6 CA Callicarpa americana - Beauty Bush (3 gallon container)
19 CI Chrysobalanus icao - Red -tip Cocoplum (3 gallon container)
37 HJ Bougainvellia 'Helen Johnson' - Helen Johnson Dwarf Bougainvellia
(3 gallon container)
168 LD Lantana depressa - Yellow Pineland Lantana
(1 gallon container, 18" on center)
*Notes: A 3" layer of shredded Cypress mulch to be applied to all planted
areas.
All plant materials to be Grade 1 Florida Fancy, fertilized by the
contractor and guaranteed for one year from date of planting.
Contractor to supply and install all pavers where specified and install
benches supplied by the Village. (See Key Biscayne Public Works
Director for paver and bench specs).
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BERT NEWCOMB
TREE AND LANDSCAPING SERVICE, INC.
8855 N.W. 95th St. / Miami, Fl 33178 / Tel.: (305) 883-8887 / Fax: (305) 883-0963
June 16, 2000
ADDENDUM #1
This addendum #1 is a part of that agreement made and enter into on the 4t' day of
May, 2000, by and between the VILLAGE OF KEY BISCAYNE (the "VILLAGE") and Bert
Newcomb Tree & Landscaping Service, Inc., a Florida corporation, (the
"CONTRACTOR"). Where as,
IV Crandon Boulevard: 120 Sq. ft. pavers supplied and install by others
V Cape Florida Drive East: Add 9 PTV Pittosporum Tobira (Variegata)
3 large rocks by others
VI Cape Florida Drive South: LD Lantana Depressa to be reduced by 10 as shown on
plan to be install.
Original Contract was
Addendum #1
New Contract amount is
CONTRACTOR:
BERT NEWCOMB TREE &
LANDSCAPING SERVICE, INC.
8855 N.W. 95TH Street
Miami, Florida 33178
By:
Attest:
Leigh hvesa
President
Corporate Manager
440
$5,120.00 Dollars
$ 125.00 Dollars
$5,245.00 Dollars
VILLAGE:
VILLAGE OF KEY BISCAYNE
85 West McIntyre Street
Key Biscayne, Florida 33149
IdAe
lage Clerk
COMPLETE LANDSCAPING SERVICE
Trees Trimmed • Removed • Transplanted • Sprayed • Fertilized • Root Feeding Infections