HomeMy Public PortalAboutMarch 1992 Agreement for Architectural Landscape.tifl
VILLAGE OF KEY BISCAYNE
AGREEMENT
FOR
ARCHITECTURAL LANDSCAPE
PROFESSIONAL SERVICES
THIS AGREEMENT, made and entered into this /C)7 day of /hu -k
1992, by and between the VILLAGE OF KEY BISCAYNE (the "VILLAGE")
and O'Leary Design Associates, P.A. 8525 S.W. 92nd Street,
Suite C11, Miami, Florida 33156, a Florida corporation,
(the "CONSULTANT").
RECITALS:
The VILLAGE wants to engage the CONSULTANT to perform certain
professional services as specifically described in accordance with
paragraph 1, scope of services to this Agreement ("Specified
Services"). The CONSULTANT wants to provide such Specified
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 Professional Landscape
Architectural Services in the entire length of Crandon Boulevard
within the Village boundaries upon written request from the Village
Manager as follows:
A) Attend required meetings with the Village Council, Village
staff, and interested citizens to secure input regarding
specific tree selection, through completion of the detailed
plans.
B) Inventory existing trees in right-of-way, determine
viability of existing trees, and plot the approximate
location of these trees on the master planting plan.
C) Complete a detailed street tree planting plan and bid
documents.
D) Consult with local growers to determine availability and
costs, and visit local nurserires, as required.
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E) Complete a cost estimate for Item 'C', above.
F) Attendance at pre -bid conference, answer bidders questions
as they prepare their bids, and assistance in evaluation of
competative bids.
2. FEES FOR SERVICES
The CONSULTANT agrees to charge the VILLAGE for the above
specified services not to exceed $13,700.00.
3. TERM
The term of this Agreement is 1 year unless terminated
pursuant to paragraph 8.
4. GENERAL TERMS AND CONDITIONS
All originals sketches, tracings, 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 ($500,000.00), worker's compensation insurance, public
liability and property damage insurance ($50,000.00), and
automotive public liability ($500,000.00). 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 CONSULTANT.
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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, contigent upon or resulting from
the award or making of this Agreement unless approved by the
Manager of the Village of Key Biscayne.
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 engaging other firms to perform the same of
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
Specified Services.
12. ATTORNEY'S FEES
In connection with any litigation arising out of this
Agreement, The prevailing party shall be entitled to recover
reasonable attorney's fees and costs. This provision shall exclude
all litigation resolved by agreement of the parties.
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13. 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 Jay Weiss, Esq.
Village Attorney
Weiss Serota & Helfman, P.A.
2665 South Bayshore Drive
Suite 204
Miami, Florida 33133
O'Leary Design Associates, P.A.
8525 S.W. 92nd Street,
Suite C11
Miami, Florida 33156
14. GOVERNING LAW
This Agreement shall be construed in accordance with the
laws of the State of Florida.
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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:
O'Leary Design Associates P.A.
8525 S.W. 92nd Street, Suite C11
Miami, Florida 33156
(305) 596-6096
VILLAGE:
VILLAGE OF KEY BISCAYNE
85 West McIntyre Street
Key Biscayne, FL 33149
By:
Attest: �'� (,%�� �� Attest:
Authorized by Board of Trustees
Ra el Conte
Ma or
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Guido H. Inguan
Village Clerk
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