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HomeMy Public PortalAbout2000 Agreement For Professional Surveying Services.tifr so 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. i 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 . r • 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. i , lllil��