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Home My Public Portal About1998 Agreement to perform General Professional Architectural and Engineering ServicesVILLAGE OF KEY BISCAYNE AGREEMENT FOR SERVICES THIS AGREEMENT, made and entered into on theZ6 day of . � cz ' -;.1998 by and between the Village of Key Biscayne (the "VILLAGE"), and Coastal Sste ns International, Inc. (the "CONSULTANT"). RECITALS: The VILLAGE wants to engage the CONSULTANT to perform General Professional Architectural and Engineering Services ("Specified Services"). The CONSULTANT wants to provide such Specified Services. In consideration of the mutual covenants 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 as provided for in this Agreement. The CONSULTANT will provide General Professional and Architectual and Engineering Services on a project specific basis. A separate proposal for each project with a defined scope will be presented for review and approval prior to the start of each project. The work is outlined on Exhibit "A" attached hereto. 2. FEES FOR SERVICES The CONSULTANT agrees to charge the VILLAGE for Specified Services. Project specific contract will be presented for review and approval as requested by the Village Manager. Terms and conditions shall be outlined herein. The CONSULTANT will issue an invoice once per month for the work which has been completed. Said invoices are payable by the VILLAGE within 30 days. The VILLAGE shall pay the CONSULTANT for the faithful performance of this Agreement, in lawful money of the United States of America. Fees shall not exceed the hourly rates set forth on Exhibit "B" attached hereto. 3. TERM This is a continuing contract, unless terminated pursuant to paragraph seven (7). 4. GENERAL TERMS AND CONDITIONS All work papers and documents 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. ASSIGNMENT This Agreement shall not be assignable by the CONSULTANT. Page 1 of 3 6. PROHIBITION AGAINST CONTINGENT FEES The CONSULTANT represents 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 bonafide 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. 7. TERMINATION This Agreement may be terminated by the VILLAGE upon 45 days' written notice with or without cause or 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 this Agreement for all acceptable work performed up to the date of termination. 8. 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. 9. 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. 10. WARRANTIES OF CONSULTANT The CONSULTANT hereby 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. The CONSULTANT shall furnish proof that it has Worker's Compensation Insurance as required by Chapter 440 Florida Statutes and, where applicable, coverage for the U.S. Longshoremen's and Harbor Worker's Act and the Jones Act. The CONSULTANT shall furnish proof that it has Professional Liability Insurance in an amount no less than $500,000 per occurrence. The CONSULTANT shall furnish proof that it has Comprehensive General Liability Insurance in an amount no less than $1,000,000 per occurrence and Business Automobile Liability Insurance with a limit of $500,000 per occurrence combined single limit. The Automobile Liability Insurance shall cover all owned, non -owned and hired vehicles used in connection with this work. The VILLAGE shall be included as "Additional Insured" with respect to the General Liability Insurance. 11. NOTICES All notices and communications to the VILLAGE shall be in writing and shall be deemed to have properly given if transmitted by registered or certified mail or hand delivery. All notices Page 2 of 3 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 (305)365-5514 Richard Jay Weiss, Esq. Village Attorney Weiss Serota Helfman Pastoriza & Guedes, P.A. 2665 South Bayshore Drive, Suite 204 Miami, Florida 33133 (305)854-0800 Conchita H. Alvarez Village Clerk Village of Key Biscayne 85 West McIntyre Street Key Biscayne, Florida 33149 (305) 365-5506 R. Harvey Sasso, P.E. President Coastal Systems International, Inc. 464 South Dixie Highway Coral Gables, Florida 33146 (305) 661-3655 12. GOVERNING LAW This Agreement shall be constructed 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: Coastal Systems International, Inc. 464 South Dixie Highway Coral es Florida 331 (305).61 x.5 By: sidertt. VILLAGE: Village of Key Biscayne 85 West McIntyre Street Key Biscayne, Florida 33149 (305) 3655--' By: 514 0 S . uel Kissi Attest .. �� Attest. • r, Villa Derr Page 3 of 3 Exhibit A OUTLINE OF SPECIFIC NATURE OF THE WORK The Specified Services to be provided for each project shall consist of work of a specified nature which is outlined as being for the following purposes: 1) Municipal utilities; 2) Acquisition or improvement of Village lands, buildings and facilities; 3) Roads and transportation facilities; 4) Beach nourishment and improvement; and 5) Environmental permitting. Exhibit B COASTAL SYSTEMS INTERNATIONAL, INC. HOURLY RATE SCHEDULE Effective June 1, 1997 TITLE HOURLY RATE Principal $ 135.00 Expert Witness $ 150.00 Senior Engineer $ 120.00 Project Manager $ 110.00 Project Engineer/Senior Biologist $ 95.00 Design Engineer $ 85.00 Permit Specialist/Marine Biologist $ 75.00 Designer $ 65.00 CADD/Engineering Technician $ 60.00 Technical/Administrative Assistant $ 50.00 Clerical $ 42.00 REIMBURSABLE EXPENSES Plotting/Blueprints Cost x 1.1 Xerox Copies - Cost Per Sheet $.20 Fax Transmissions - Cost Per Page $.50 Mileage - Cost Per Mile $.30 Other out-of-pocket expenses (i.e., travel expenses, Cost x 1.1 rentals, purchase of maps, etc.) EQUIPMENT (if required) See attached schedule SUBCONTRACTED EXPENSES Cost X 1.1 INVOICING AND SERVICE CHARGES: Invoices will be submitted monthly and are due within 30 days. A service charge of 11/2% per month will be added to invoices remaining unpaid after 30 days. Invoices unpaid after 60 days may cause work on the project to stop. COASTAL SYSTEMS INTERNATIONAL, INC. - Coastal, Environmental, Civil Engineering and Management