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HomeMy Public PortalAbout1994 Agreement.tifRESOLUTION NO. 94-16 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AWARDING CONTRACT TO SOUTH COAST IRRIGATION, INC., MIAMI, FLORIDA, FOR INSTALLATION OF IRRIGATION SYSTEM AT KEY BISCAYNE LIBRARY; WAIVING COMPETITIVE BIDDING PROCEDURES; PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE AS FOLLOWS: 2ection 1. That a contract be awarded to South Coast Irrigation, Inc., Miami, Florida, for the installation of an irrigation system at the Key Biscayne Branch Library, at a cost not to exceed $9,500.00. Section 2. That competitive bidding procedures be waived pursuant to Section 2-85 of the Village Code. 2ection 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 12th day of April , 1994. ATTEST: GUIDO H. INGUANZO, JR., VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: 9IR D J. WEISS, VILLAGE ATTORNEY AGREEMENT THIS AGREEMENT, made and entered into on the 'i day of 1994, by and between the Village of Key Biscayne, Dade County, Florida, party of the first part (hereinafter called "Village"), and South Coast Irrigation, Inc., party of the second part (hereinafter called "Contractor"); WITNESSETH That the parties hereto, for and in consideration of the convenants and agreements hereinafter set forth, mutually agree as follows, to wit: 1. That the Contractor shall furnish all labor, materials, and equipment and perform all work in the manner and form as specifically described in accordance with paragraph 2, scope of services to this Agreement ("Specified Services") covering the Project of the Owner known and identified as: Job Name: Key Biscayne Library Irrigation for the price amount reflected by the Proposal (Exhibit A), said price amount to not exceed $9,500.00 (Nine thousand five hundred dollars). 2. Scope of Services a. The Contractor agrees to install an irrigation system per irrigation plan by South Coast Irrigation, Inc., Sheet #1, no date. This plan was developed on a base plan by metro -Dade Construction Management Division dated June 23, 1982, entitled Key Biscayne Branch Library. b. Irrigation system to provide 100% coverage for all landscaped areas. c. All materials and workmanship shall be under Warranty for a period of one (1) year, commencing the date of final acceptance by the Village. 3. Term The Contractor shall begin the work to be performed under this Agreement on a day to be specified in a written order issued by the Village, and shall fully complete all work hereunder within the time or times stated in the Agreement The term of this Agreement is i{ months unless terminated pursuant to paragraph 8. 1) 4. Fees for Services That the Village shall pay to the Contractor for the faithful performance of this Agreement, in lawful money of the United States, and subject to additions and deductions as provided in the Agreement Documents, the total amount of this bid as set forth above at the times and in a manner stated in the General Covenants and Conditions of the Agreement Documents. The Contractor agrees to charge the Village for the above specified services a price not to exceed $9,500.00. The Village shall pay to the Contractor 90% of the cost upon final acceptance of the work. The 10% retainage shall be paid to the Contractor 120 days after from the date of final acceptance. 5. General Terms and Conditions All originals sketches, tracings, drawings, computations, details, design calculations, work papers and other documents and plans that result from the Contractor providing specified services shall be the property of the Village. Upon terminatoin 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 Contractor. 6. Insurance The Contractor 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. 7. Assignment This Agreement shall not be assignable by the Contractor. 8. Termination This Agreement may be terminated by the Village upon ten days written notice with or without cause and by the Contractor upon 45 days written notice with or without cause. If this Agreement is terminated, the Contractor shall be paid J in accordance with the provision of Exhibit A for all acceptable work performed up to the date of termination. 9. The "Agreement Documents" are hereby defined as the Proposal, the Bid Items, the Contract, the Notice to Proceed, the Waiver of lien, the General Conditions and any Addenda Documents which may be issued. The terms and conditions of said Agreement Documents are incorporated herein by reference and made a part hereof as though fully set forth herein. The Agreement Documents are complimentary, so that a recital in one is tantamount to a recital in all, and the Contractor specifically acknowledges that he has read and understands all of said Contract Documents. 10. The various indemnities of the Contractor contained in the Agreement Documents indemnifying the Village from liability for damages to persons or property caused by acts, omissions, or defaults in the performance of the Agreement Documents shall have a monetary limitation of the larger of the following: $1,000,000.00, or the entire amount of the Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in two counterparts, each of which shall be deemed an original Agreement, all as of the day and year hereinafter ritten in the Owner's part. OWNER'S PART Village of Key Biscayne 85 West McInytre Street Key Biscayne, Florida 33149 Authorized Renfesentative Date Witness , "^ L . , .7_ /� CONTRACTOR'S PART South Coast Irrigation, Inc. 5413 N.W. 74th Avenue Miami, Florida 33166 Au t horized Representa(ive Date fitness / OUTH COAST I R II I G A T I O N I N C. COMMERCIAL • RC81rl[NTIAL • I AWN SPRINKLERS I ir:iNAED mod INSURCD PALM BEACH CCNV 10074 I NUWAIW CCNOO-CLC•5 -x DADE Cc:100001920U _fNAME • 41Y. V U* ul Key hiscayiie Llbl4ry Crandon Blvd bL East DI Ive 32 lihr, 42 UNIT Na) I 1523 EXIIIBIT A DATE 6413 N MIAMI DAD BROWA Mach 22, 1004 W 74th AVFNUE F�ORIDA 33100 • (305) 003 7810 (W) 403-5800 : (305) 803 7071 pt $OAIPTION Rouibud R -S0 n,Ialy pop-up's Rautbird 1800 sl,tay pop-up's and risets Raintlird 2" PE13 24 volt valves. Rtuilbil(l 2" AVii \ wiutiiit be(a%Ci. R thibii(11LLll1 6W1(Ci1 (code). Aitielcx 10" Iuund plastic valve boxes. All mainlines uiul sleeves will be installed with SCli 40 PVC pipe All other pipe will he SI)R 160.200 Al! iotor and spray pop-up head~ will be installed with flex awing joints All riser's with double lnallcx MUM ' 1I4K& (24 volts) will be installed by South Coast irrigation Pcmnt should Iv waived ( City Job ) South C'oatit lnigaetuln will not resod area where trencher has excavated (u" Wide { 1 ICE AMQUNT\ d I{ , it WE TAKE PRIDE IN OUR SEAV10E THANK YOU. 49,500.00