HomeMy Public PortalAbout1999 Agreement.tifRESOLUTION 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.
VILLAGE OF KEY BISCAYNE
AGREEMENT
FOR
PROFESSIONAL SERVICES
THIS AGREEMENT, made and entered into this 6t" 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 workers 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.
1 1. 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 I Ielfman 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
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.
Jc-fiiJf'! 1`,fLr'" te
• Jesus Rodriguez .� C.. Samuel Kissi er,
President
Attes p``�
Corporate Secretary ' ' illagc Clerk
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PLA NT LIST
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SYMBOL
BO TA NICAL NAME
COM MO N NAM E
SPECIFICA TIO NS
19
78
36
65
AC
CR
JM
RC
Aca caa chorophylla
Crmum
Jalro pha multirida
Rue llia ca roln ensis
Ctn e card
CrAlu m LAy
Co ral Plant
NAId Petun ia
10.17 height, fie ld gro wn
7 gallon co nt
10 gallon cont. 30' o c
1 gallon contain er, 24' o c
Note s Landscaper to re mov e so d an d provide 3" laye r of shre dded Cypress mu lct an d repay
existing irrigation throughout the 500 sq 11 planted area, also respon sible fo r renova l of
on e Chinese Fa n Palm
A ll plat maten al to be Grade 1 Flo da Fan cy, !endued by the landsca per and
gu aran teed fo r one ye ar from date of plan lrng
Hard featu res Lan dscaper to su pply an d in stall 180 sq ft pave rs per plan (coo rdin ate
with Key Biscayne Pu blic Wo rks Dr ed o for pave r specs), and to install thre e Key
Bisc ayne Park standard benches su pple d by the Village
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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 .
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gned:
PROPOSAL
VILLAGE OF KEY BISCAYNE
BELL SOUTH
DESCRIPTION
1) ACACIA CHORIOPHYLLA
2) CRINUM
3) JATROPHA MULTIFIDA
4) RUELLIA CAROLINENSIS
QUANTITY
19
78
36
85
SPECIFICATION
10'-12' HEIGHT
7 GAL
10 GAL
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 .
Iccept the terms and conditions of this proposal.
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gnature:
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Date
throughout the 500sq. Ft
THE TOTAL PRICE OF