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HomeMy WebLinkAboutAgreement_General_3/9/2023_Parker & YannettePARKER i YANNETTE design group,inc. February 15, 2023 Mr. Jeremy Allen Village Manager, Village of Tequesta Via email: jallen@tequesta.org RE: AGREEMENT FOR LANDSCAPE ARCHITECTURAL SERVICES Dear Mr. Allen: This proposal is submitted by Parker-Yannette Design Group, Inc. hereinafter referred to as the "Consultant", to Mr. Jeremy Allen, Village Manager, Village of Tequesta, hereinafter referred to as the "Client". THE PROJECT Landscape architectural design services for landscape beautification of the 1 acre parcel of land between Cypress Drive and Old Dixie Highway, Tequesta, Florida. SCOPE OF SERVICES Consultant's services under this agreement will be as follows: PART A — Preliminary Planting Design • Prepare base plans based on original roadway plans and survey. • Site visits to photograph and inventory existing conditions. Draft existing conditions onto base plans. • Review pertinent landscape requirements for Village of Tequesta and Palm Beach County. • Prepare two (2) preliminary landscape plan concepts, one being a cost conscious plan, the other being a higher end, larger budget plan. • Meet with Jeremy Allen and Doug Chambers to review plans. • Prepare cost estimates with input from Doug Chambers. PART B — Graphics and Additional Meetings • Color render plans. • Prepare 2D or 3D graphic renderings of proposed landscape concepts. • Additional client meetings and/or presentations. LANDSCAPE ARCHITECTURE • PLANNING • GRAPHICS 4425 Wiftary Trail, Suite 202, .Jupiter, FL 33458 29 (561) 747-5069 Fax: (561) 747-2041 Old Dixie Highway/Cypress Drive February 15, 2023 Page 2 of 3 Consultant's services do not include preparation or processing of permit applications or environmental review of the site. However, upon written request of the Client any of the preceding services can be provided as Additional Work under the following terms. All services will be performed by Consultant consistent with professional standards for landscape architecture as generally practiced in Palm Beach County, Florida. FEE SCHEDULE Consultant will perform the above services at hourly fee rates of Professional: $140.00 per hour. Part A — Preliminary Planting Design at hourly rates with a not to exceed cap of: $2,000.00 Part B — Graphics and Additional Meetings (Upon Request) hourly at $140.00/hr. Consultant's fees will not exceed the above amounts without authorization from the Client. Major revisions of the work required of Consultant caused by circumstances beyond the control of Consultant are not included and will be billed at the rate listed under "Additional Work". Consultant's fees do not include other consultants' fees or filing fees. Consultant's normal reimbursable expenses will be charged to the Client and itemized on the monthly bill. Reimbursable expenses include printing and reproduction, photo enlargements, courier charges, facsimiles, and any other normal direct expenses incurred by Consultant for the Project. ADDITIONAL WORK At the request of the Client, Consultant will provide additional work not listed under Scope of Services on an hourly basis at the following rates: Professional $140.00/hour. GENERAL TERMS Fees shall be billed as designated in the Fee Schedule. All balances are due upon receipt. A bill is past due thirty (30) days from the billing date whereupon interest at 18 % per annum will be added to the balance due retroactive to the date of billing. At the Consultant's discretion invoices not paid within thirty (30) days of the billing date may result in cessation of work on the Project and withholding of plans. Client's obligation to pay Consultant's Fees is not contingent on development or permit approval by any governmental entity. Consultant's Fees are subject to re -negotiation if Consultant's services are not completed within six (6) months from the date of this agreement due to delays beyond the Consultant's control. At the discretion of the Consultant, the terms of this agreement may be null and void if not accepted within thirty (30) days of the date hereof. This agreement may be terminated by the Consultant if, for reasons beyond the Consultant's control, Consultant is prevented from continuing service for more than one hundred twenty (120) days. If the Client wishes to terminate Consultant's services, the Client must give ten (10) working days written notice to the Consultant and shall pay Consultant full compensation based on the percentage completion of Consultant's services or on a time and materials basis, whichever is Old Dixie Highway/Cypress Drive February 15, 2023 Page 3 of 3 greater, to the date of termination. Consultant may terminate this Agreement upon five (5) days written notice to Client for failure to pay Consultant's fees and costs when and as due in accordance with this agreement. Client agrees Consultant may use Consultant's work on the Project for professional design award competitions. Reproducible copies of Project drawings will be provided at cost upon the Client's request unless Client is in default under the terms of this agreement. However, the Client shall not use any of Consultant's Intellectual Property for any purpose other than completion of landscaping at the Project. All changes or additions to this agreement shall be in writing and executed by all parties hereto. This agreement is the only agreement between the Consultant and the Client regarding Consultant's services for the Client and supersedes and replaces any other oral or written agreement between the Consultant and the Client concerning the subject matter of this agreement. Any legal action to enforce this agreement must be brought in the state courts for Palm Beach County, Florida regardless of where the Client may reside or where the Project may be located. PURSUANT TO SECTION 558.0035 FLORIDA STATUTES, THE CONSULTANT'S CORPORATION IS THE RESPONSIBLE PARTY FOR THE PROFESSIONAL SERVICES IT AGREES TO PROVIDE UNDER THIS AGREEMENT. NO INDIVIDUAL PROFESSIONAL EMPLOYEE, AGENT, DIRECTOR, OFFICER OR PRINCIPAL MAY BE INDIVIDUALLY LIABLE FOR NEGLIGENCE ARISING OUT OF THIS CONTRACT. If the terms of this proposal are acceptable, please have an authorized representative of the Client sign one copy and return it. Sincerely, Parker-Yannette Design Group, Inc. B � U� y: Date: 2/15/23 Paul S. Catania II, PIA Partner Client By: Jeremy Allen Digitally signed by Jeremy Allen Date: 2023.02.15 1324:31 -05'00' Date: Mr. Jeremy Allen, Village Manager, Village of Tequesta PUBLIC RECORDS. In accordance with Sec. 119.0701, Florida Statutes, CONTRACTOR must keep and maintain this Agreement and any other records associated therewith and that are associated with the performance of the work described in the Proposal or Bid. Upon request from the Village's custodian of public records, CONTRACTOR must provide the Village with copies of requested records, or allow such records to be inspected or copied, within a reasonable time in accordance with access and cost requirements of Chapter 119, Florida Statutes. A CONTRACTOR who fails to provide the public records to the Village, or fails to make them available for inspection or copying, within a reasonable time may be subject to attorney's fees and costs pursuant to Sec. 119.0701, Florida Statutes, and other penalties under Sec. 119.10, Florida Statutes. Further, CONTRACTOR shall ensure that any exempt or confidential records associated with this Agreement or associated with the performance of the work described in the Proposal or Bid are not disclosed except as authorized by law for the duration of the Agreement term, and following completion of the Agreement if the CONTRACTOR does not transfer the records to the Village. Finally, upon completion of the Agreement, CONTRACTOR shall transfer, at no cost to the Village, all public records in possession of the CONTRACTOR, or keep and maintain public records required by the Village. If the CONTRACTOR transfers all public records to the Village upon completion of the Agreement, the CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the CONTRACTOR keeps and maintains public records upon completion of the Agreement, the CONTRACTOR shall meet all applicable requirements for retaining public records. Records that are stored electronically must be provided to the VILLAGE, upon request from the Village's custodian of public records, in a format that is compatible with the Village's information technology systems. IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, PLEASE CONTACT THE VILLAGE CLERK, RECORDS CUSTODIAN FOR THE VILLAGE, AT (561) 768-0440, OR AT Imcwilliams@tequesta.org, OR AT 345 TEQUESTA DRIVE, TEQUESTA, FLORIDA 33469. Pursuant to Article XII of the Palm Beach County Charter, the Office of the Inspector General has jurisdiction to investigate municipal matters, review and audit municipal contracts and other transactions, and make reports and recommendations to municipal governing bodies based on such audits, reviews, or investigations. All parties doing business with the Village shall fully cooperate with the inspector general in the exercise of the inspector general's functions, authority, and power. The inspector general has the power to take sworn statements, require the production of records, and to audit, monitor, investigate and inspect the activities of the Village, as well as contractors and lobbyists of the Village in order to detect, deter, prevent, and eradicate fraud, waste, mismanagement, misconduct, and abuses. "The Village of Tequesta strives to be an inclusive environment. As such, it is the Village's policy to comply with the requirements of Title II of the American with Disabilities Act of 1990 ("ADA") by ensuring that the Contractor's [ agreement /bid documents and specifications ] are accessible to individuals with disabilities. To comply with the ADA, the Contractor shall provide a written statement indicating that all [ agreement /bid documents and specifications], from Contractor, including files, images, graphics, text, audio, video, and multimedia, shall be provided in a format that ultimately conforms to the Level AA Success Criteria and Conformance Requirements of the Web Content Accessibility Guidelines 2.0 (Dec. 11, 2008) ("WCAG 2.0 Level AA"), published by the World Wide Web Consortium ("WK"), Web Accessibility Initiative ("WAI"), available at www.w3.org/TR/WCAG/."