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Home My Public Portal AboutMarch 1993 Agreement for Architectural Landscape.tifRESOLUTION NO. 93-10 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO DIRECT O'LEARY DESIGN AND ASSOCIATES TO PREPARE PLANS, SPECIFICATIONS, AND CONDUCT ANY AND ALL ENGINEERING SERVICES TO IMPLEMENT THE REIMBURSEMENT GRANT FOR CRANDON BOULEVARD; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: SECTION 1. The Village Manager is hereby authorized to direct O'Leary Design Associates to prepare plans, specifications, and provide any and all engineering services to refurbish the landscaping along the median and road -side of Crandon Boulevard within the Village limits which were destroyed by Hurricane Andrew; SECTION 2. O'Leary Design Associates are further directed to prepare plans, specifications, and provide any and all necessary engineering services in connection with the project to implement the Crandon Boulevard landscaping plan orginally approved by the Village Council at their meeting held February 9, 1993, with funds being charged to the 1992-1993 Annual Operating Budget, Acount 470- 321 (Professional Services - Landscape Architect) and the Federal grant, identified as ER -92-11421, shall reimburse the Village for this expenditure. SECTION 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED BY A UNANIMOUS VOTE OF THE VILLAGE COUNCIL THIS 9th DAY OF March, 1993. MAYO RAFAEL CONTE ATTEST: `4' 7,pn, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENC I VI ►+Y_ E ATTORNEY I VILLAGE OF KEY BISCAYNE AGREEMENT FOR ARCHITECTURAL LANDSCAPE PROFESSIONAL SERVICES THIS AGREEMENT, made and entered into this 10th day of March, 1993, 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 Exhibit A 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) Complete revisions to the previously completed landscape plans for Crandon Boulevard to allow for the existing trees that are no longer there. B) Complete a detailed planting plan for Crandon Boulevard to include the median and both rights of way with specifications suitable for bidding. C) Complete a detailed irrigation plan with specifications suitable for bidding. D) Complete a cost estimate for Items 'A' through 'D', above. E) Complete the selection and tagging of specimen plant material. F) Assist in the bidding and bid evaluation process. 2. FEES FOR SERVICES The CONSULTANT agrees to charge the VILLAGE for the above a lump sum fee of twenty-three thousand and six hundred dollars ($19,000.00), to including all required incidental expenses including reproductions, blueprinting, and long distance transmissions. This fee assumes the work to be executed in one phase. 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. 2 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. 3 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: C. Samuel Kissinger Village Manager Village Of Key Biscayne 85 West McIntyre Street Key Biscayne, FL 33149 With a copy to: Richard Jay Weiss, Esq. Village Attorney Weiss Serota & Helfman, P.A. 2665 South Bayshore Drive Suite 204 Miami, Florida 33133 Consultant: 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. 4 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 By: Attest: VILLAGE: VILLAGE OF KEY BISCAYNE 85 West McIntyre Street Key Biscayne, FL 33149 By: Ra a: el Conte Ma I• r w ij l ,% ' iCL Attest: �' /` Guido ' . Ingu n`zo,; r.v Village Clerk N.Ai- Authorized by Board of Trustees March 9, 1993 5 O'LEARY DESIGN ASSOCIATES P.A. LANDSCAPE ARCHITECTURE LANG PLANNING URBAN DESIGN GRAPHIC DESIGN E%HIIBIT A - 1 September 11, 1992 Mr. C. Samuel Kissinger Village Manager Village of Key Biscayne 85 W. McIntyre Street Key Biscayne, Florida 33149 Dear Mr. Kissinger: Pursuant to your request, the following is an outline of professional landscape architectural services, for the entire length of Crandon Boulevard. A) Complete revisions to the previously completed landscape plans for Crandon Boulevard to allow for the existing trees that are no longer there. B) Complete a detailed planting plan for Crandon Boulevard to include the median and both rights of way with specifi- cations suitable for bidding. C) Complete a detailed irrigation plan with specifications suitable for bidding. D) Complete a cost estimate for Items 'A' through 'D', above. E) Complete the selection and tagging of specimen plant material. OAK PLAZA PROFESSIONAL CENTER 8525 5 ,,V 92ND STREET, SUITE C11 MIAMI, FLORIDA 33156 (305) 596-6096 MEMBERS OF THE 4MERic AN SOCIETY OF LANDSCAPE ARCH:FELTS Mr. C. Samuel Kissinger September 11, 1992 Page two F) Assist in the bidding and bid evaluation process. G) Complete the required periodic observation of construction including approval of con- tractor progress payments. Our fee for these professional services will be a lump sum fee of Twenty Three Thousand Six Hundred Dollars ($23,600.00), to includ- ing all required incidental expenses,, including reproductions, blueprinting, and long distance transmissions. This fee assumes the work to be executed in one phase. Please advise if this proposal is acceptable to you and the Village Council. Very truly yours, O'LEARY DESIGN ASSOCIATES, PA (M. WILLIAM A. O'LEARY FASLA WAO/cas r EXHIBIT 2A PROFESSIONAL FEES Item 'A', Revisions to Completed Plans $ 1,500.00 Item 'B', Detailed Planting Plan $11,775.00 Item 'C', Irrigation Plan $ 2,800.00 Item 'D', Cost Estaimate $ 680.00 Item 'E', Tagging of Specimen material $ 1,190.00 Item 'F', Bidding Process $ 595.00 Incidental Expenses $ 300.00 Total $19,000.00