HomeMy Public PortalAbout2000 Agreement For Professional Surveying Services.tifr
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VILLAGE OF KEY BISCAYNE
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT, made and entered into this Day of , 2000,
by and between the VILLAGE OF KEY BISCAYNE (the `VILE t") and Ford,
Armenteros & Manucy, Inc. , a Florida Corporation, (the "CONSULTANT").
RECITALS:
The VILLAGE wants to engage the CONSULTANT to perform certain professional services
in conjunction with the Village Civic Center, Tasks #2, #3, #4 ("Project"). The
CONSULTANT wants to provide such 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 services in conjunction with the Project more
specifically described in Exhibit "A" attached and made part of this Agreement upon
the written authorization of the Village Manager to do so.
2. Fees for Services
The CONSULTANT agrees to charge the VILLAGE, and the VILLAGE agrees to
pay the CONSULTANT for services as shown in Exhibit "A".
Fees shall be due and payable monthly. The amount due shall be that part of the
assignment performed by the CONSULTANT during the preceding months.
3. Term
The term of this Agreement shall be one year unless earlier terminated pursuant to
paragraph eight or extended by written amendment to this Agreement.
4. General Terms and Conditions
All original sketches, tracings, drawings, computations, details, design calculations,
work papers and other documents and plans that result from the CONSULTANT
providing services shall herein 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 the following insurance at the stated
minimum amounts:
Professional Liability $1,000,000
Workers Compensation 500,000
Public Liability and Property Damage 1,000,000
Automotive Liability and Property Damage 1,000,000
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 Assignment 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 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 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
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. Additional Services
Additional services shall be authorized by the VILLAGE in writing in advance e and
paid for on a time charge basis at the hourly rates set forth in Exhibit "B" attached
and made a part of this Agreement.
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12. Warranties of CONSULTANT
The CONSULTANT 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. All work to be performed by CONSULTANT under
this Agreement shall be diligently performed in a professional, businesslike manner.
13. Attorneys Fees
In connection with any litigation arising out of this Agreement, the prevailing party
shall be entitled to recover reasonable attorneys fees and costs.
14. 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, FL 33149
Richard J. Weiss, Esquire
Village Attorney
Weiss Serota Helfman
Pastoriza & Guedes, P.A.
2665 South Bayshore Drive, Suite 420
Key Biscayne, FL 33149
Ford, Armenteros & Manucy, Inc.
1950 N.W. 94th Avenue
Second Floor
Miami, FL 33172
14. Governing Law
This Agreement shall be constructed in accordance with the laws of the State of
Florida.
15. Indemnification
The CONSULTANT shall, at all times hereafter, indemnify and hold harmless the
VILLAGE, its agents, servants and employees from and against any claim demand
or cause of action of any kind or nature (including reasonable attorney fees) arising
out of negligent act, error or omission of CONSULTANT, its agents, servants, or
employees in the performance of services under this Agreement.
The VILLAGE shall indemnify and save harmless and defend the CONSULTANT,
its agents, servants, and employees from and against any claim, demand or cause
of action of whatsoever kind or nature arising out of negligent act, error or omission
of the VILLAGE, its agents, servants, or employees in the performance of services
under this Agreement, only to the extent permitted by law.
16. Relationship of Parties
Nothing contained in this Agreement shall be deemed or construed to create the
relationship of principal and agent or of partnership or of joint venture or of any
association whatsoever between CONSULTANT and VILLAGE, it being expressly
understood and agreed that the relationship created by this Agreement is that of an
independent contractor.
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:
Ford, Armenteros & Manucy, Inc.
1950 N.W. 94th Avenue, Second Floor
Miami, Florida 33172
VILLAGE:
Village of Key Biscayne
85 West McIntyre Street
Key Biscayne, Florida 33149
amue r i •r roger
Village Man. er
Attest: Attest: l .k11 V � ,i, 1 q ,-
Authorized by Resolution t3/A .
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AGREEMENT FOR PROFESSIONAL SURVEYING SERVICES
Between
FORD, ARMENTEROS & MANUCY, INC.
And
VILLAGE OF KEY BISCAYNE
Project: N/A
VILLAGE - CIVIC CENTER
13ased on our understanding of your requirements, Ford, Ainientcros & Manucy, Inc., (FAM) is
prepared to provide you witli the following 5c.upe of services:
TASK # 1 - TOPOGRAPHIC SURVEY (363)
Under this task, FAM shall prepare a Topographic Survey in reference to subject property. In
which selected natural and artificial features part of the earth's surface, will be used to determine
horizontal and vertical spatril relations. The survey will be prepared meeting the Mimmum
Technical al Standard Requirements as reflected in chapter 61G17-6.
PROFESSIONAL FEES
TASK # I... ... ... ... ... ... ... $ 9,500.00 fixed (plus expenses)
* As per instructions by Spillis Candela memo dated February 8, 2000.
TASK # 2 - TITLE REVIEW (if required) (S6561
Under this task, FAM shall perform a Title Review for the purpose of preparing a
Surveyor Report.
PROFESSIONAL FEES
TASK # 2...2... ...... ...... ... ... ............... ... $ 2,500.00 fixed (plus expenses)
* NOTE: Village of Key Biscayne shall provide surveyor with Title policy
depicting all recorded easements.
TASK # 3 - TENTATIVE PLAT (0551)
Under this task, we will undertake the necessary surveying fieldwork to prepare a Tentative Plat
drawing pursuant to the requirements of Chapter 28 of the Code of Metropolitan Dade County and
Chapter 472 of the Florida Statutes Upon completion of said fieldwork, we will prepare the
Tentative Plat drawing for submittal and approval by the appropnate agencies_ This task will
include preparation of Tentative Plat applications and the filing of said applications, fees and plans
with the Department of Planning, and Zoning,
PROFESSIONAL FEES
TASK # 3... ...... ... ...... •.• ... ... ... ... ... $ 2,000.00 fixed (plus expenses)
County fees are not included. These are to be provided by property owner
TASK # 4 - DEFERRAL COMMENTS - PROCESSING (C454)(if required)
If required, under this task we will meet with the Miami -Dade County Department of Planning and
Zoning staff and attend meetings and conferences with Plat Committee' member agencies and others, as
may be required, to address issues required for approval of the Revised Tentative Plat
PROFESSIONAL FEES
TASK # 4... ... ... ._. ... $ 1,500.00 fixed (plus expenses)
* Survey requirements to be met as per memo dated February 8, 2000.
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