HomeMy WebLinkAboutAgreement_General_04/08/2010 GENTILE Gunge G. ec ntlle. PhSLA
HOLLOWAY . t,M. Tr Holloway A51.A
O'MAHONEY Emily OMahoney, ASLA
. `. 'Landscapchr,.hitrcis ', ,: r
Plannrrei and Envrnnmrnsal
Conaulents • LC- 0000177 .
March 25, 2010
Mr. Michael R Couzzo, Jr..
Village of Tequesta
345 Tequesta Drive
Tequesta, FL'.334ti9,
Re:. Agreement, for Professional Landscape ArchitecturalServlces for the Tequesta Bridge in`Tequesta"
Florida.
:. J
ob # 10 0309
Dear Mr. Couzzo
Thank you for allowing_us to present this proposal for consulting services for landscaping of the new 7equesfa
Bridge.on Tequesta Drive rWe_ understand you would like GHO to, provide planting design fo.rthe view bridge
ncluding
i beyond the Bridge epproxlmafely one (1 } resldential !ot on both the east and west dlde of the rew bridg
2 . .
We look forward to working with you on this endeavor.
f y .
We make and entered this Agreement as of this 25th day of March 2010 by the Village of Tequesta (the Client) .
and Gentile I lolloway O Mahoney 8, Associates, Ine7(the Consultant).
1 Agreement for Services
The Consultant agrees to provide design and planning services to the .Ghent as more fully described in
the_Scope'of Work, and the Client agree
,s to compensate the Consultant . forrthi% a servlces:underthe
emis of this;Agreement The`ConsultanYs services shall be performed in a manner. consistent with-that
degree of skill and. care ordinarily exercised. by p. cbcing, design prof s performing similar
essional 4`
services in .the locaUty; at the:`same site.and u�der:the same or `similar- e!r "cumstances and
- conditions The :Consultant makes no otherrep esentatlons or Warranties, whether expressed or implied,
with respect to the services rendered .hereunder
2 Scope of Work.
The Parties agree that the Scope of Worts that the Landscape Architect shat) do for the Client shall be
:defined as follows.
14 CONCEPTUAL DESIGN The Landscape Architect shall prepare Conceptual Design Plan(s) of
the subject property kased.ugon •the Client program, site constraints, cultural conditions and
professional design ezpertlse: Said plans shall 'delineate th.e.existing..plant material and the
proposed landscape plant_Aassing and trees to .generai'man
convey, In a her, - the landscape
design concept as envisioned e,Landscape ArchitecL These plans st all be presented to
the Client With ,preliminary :cost estimates `,at which time comments and changes will be
incorporated into the frnal landscape and con struction:dravA gs. One'(1)Jsite; one (1) Village
Council meeting and avvo (2 client meetings (6 hours maximum) are included in this portion of
the .contract .`
B... :CONSTRUCT! ON'DOCU MENTATION
9. FINAL LANDSCAPE `Pt.AN: The Landscape Architect shall prepare a Final Landscape
oo
Construction Drawing-#o(said project at a scale to be determined by the Landscape Architect.
The document shall delineate and Locate alf_proposed and existing landscape plantings. The .
plan shalt be sultable.;for:construcfion of the proposed Iandscape.,deslgn. Said Landscape E
plans, based upon the.approved :concept hall delineate the proposed planting in detail and
1-6 �_ _..will.,inciude type size spacing and Florida grade of all plants at the . time of planting. It will be
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vrvw.iandsaln archtutc- -.cam
Village of Tequesta -
Landscaping for Bridge
Project No. 10 -0309
March 25., 2010
Page 2 of 5
submitted to the Client for a final review and comment. .'
C. ADDITIONAL SERVICES: The Landscape. Architect shall provide additional services upon
written authorization.by the Client under this.Agreement and shall include but not be limited to
the following: ,
1. • - Specimen plant location and selection.
2. Landscape maintenance program
3. Meeting time (With Client) beyond the scope of the work.
4: Major changes, to the design after Client approval of the conceptual stage, that are
not the direct responsibility of the Landscape Architect-
5. . Construction detailing -for hardscape elements except as noted_
6. Bidding and Negotiations:
7, Additional Village'Council Meeting_
.8. Irrigation Design.
9. .Construction.Observafion services.
3. Compensation:
A. Compensation for services rendered by the Landscape Architect, Scope of Work, Items A & 8,
shall be a fixed fee .of Two Thousand Eight Hundred Dollars ($2,800.00) plus reimbursable
expenses. .
B. Compensation for services rendered by the Landscape Architect; Scope of Work, Items C-shall be
hourly based upon the following hourly rates plus reimbursable expenses as described herein.
1. Sr. Principal time at an hourly rate of. One Hundred Eighty -five Dollars ($185.00) an -
hour.
2. Principal time at an hourly rate of One. Hundred Seventy -Five Dollars ($175.00) an
hour.
3 Director of Planning\Sr_ Associate time at an hourly rate.of One Hundred Fifty Dollars
($150.00) an hour.
14. Sr,,Landscape Architect \Sr. Associate time at an hourly rate of One HundredThirty-
Five Dollars ($135.00) an hour.
5_ Sr_ Planner time at an hourly rate of One Hundred Ten Dollars ($110.00) an hour.
6. Sr. Landscape.Architect at an hourly rate of One Hundred Dollars ($100.00) an hour.
7. Landscape Architect time at an hourly rate of Ninety -Five Dollars ($95.00) an hour.
8. Landscape Designer2 time at an hourly rate of Eighty =Five Dollars ($85.00) an'hour.
9. L-andscaPe Designerl time at an hourly rate of Seventy Dollars ($70.00) an hour.
.10. Plannerl time at an hourly rate of Seventy -Five Dollars ($75.00) an hour.
11. Technician2 time at an hourly rate of Fifty Dollars ($50.00) an hour.
12. Technicianl time at an hourly rate of Forty -Five Dollars ($45.00) an hour.
13. Administrator time at an hourly rate of Twenty Five Dollars ($25:00) an hour.
'With thirty day notice hourly rates may be increased to current compensation levels.
Reimbursable Expenses
Reimbursable expenses include actual expenditures made by the Landscape Architect in.. the
performance of the Scope of Work for a) expense of transportation and living expenses concerning out-
of -town travel, authorized by the Client; b) expense of transportation concerning local travel, billed to
Client at the current IRS rate; c) long distance communications; d) fees paid for securing approval of
authorities having jurisdiction over the subject. project; e) renderings and models requested by the Client
provided outside Land scape.Architect's. office; f) postage and handling of drawings and specifications;_g)
printing and reproductions; h) expense of any additional insurance coverage or limits, including
professional liability insurance requested by the Client more than that normally carried by the Landscape
Architect;
u: \CLIENT PROPOSALS\Tequesta\Tequesia Drive Bridge\Landscape Contract.doc
Village of Tequesta .
Landscaping for Bridge
Project No. 10 -0309
March 25, 2010
Page 3 of 5
•
5. Client's Responsibilities"
The Client shall be responsible for the following:
A. The Client s
hall provide full information concerning the Scope of Work, shall set forth the
Client's objectives, restraints and criteria.
B. The Client shall provide -the Consultant with a certified copy of a survey. The Consultant shall
_ . rely on the, accuracy of'this survey in the performance of his work underthis Agreement.
C The Client shall provide the Consultant with all other engineering studies, environmental
assessment reports and architectural drawings as may be necessary forsubmission to the local
governments having jurisdiction over the development of the property. The Consultant shall
rely on the accuracy of these items in the performance of his work. Said studies may include
but not limited to:
1. Soil reports.
2. Architectural floor plans, and elevations:
3. Full set of architectural construction documents including location of all utilities.
4. Traffic impact analysis /shared parking study.
5. . Drainage analysis.
6. Hazardous waste assessment, if required.
7. Vegetation assessment and tree survey.
D. The Client shall be responsible for the review of all correspondence from all Agencies having -
Jurisdiction overthe subject project and /or property. They shall inform the Consultant'in writing
as to the acceptance of all proposed conditions of approval from said Agencies prior to final
Public Bearings and. Presentations. Failure of the Client to review and respond to the -
Consultant in writing shall be deemed by the Consultant that they agree with alt. conditions.
They shall hold harmless. the Consultant in further actions regarding said conditions of approval
6. Payment for Services
i
The Consultant shall bill the Client for -its services and reimbursable costs due under this Agreement at i
such times as it shall deem proper: All invoices are due and- payable upon receipt by the Client.
=interest, at a rate of 1.8% per month, shall - accrue on invoices outstanding more than 30 days. The I
Consultant will stop all work per this Agreement on invoices past due 30 days.. Work will not commence
until all past due invoices - are paid in full. The Consultant assumes no responsibility for damages, either
financial, physical or other, because of work being stopped__
7. Termination of Agreement
This Agreement is terminable anytime upon notice of the Client or the Landscape Architect to the other
party_ -Termination of this Agreement, however, shall not relieve the Client of any responsibility for i
payment for any - services. performed, by the Landscape Architect.before'receipt of the notice of .
termination. .:
B. Miscellaneous Provisions
A. . This Agreement is governed by the law of the Landscape Architect's Principal place business.
B. • This Agreement is the entire and integrated agreement between the Client and the Landscape
Architect and supersedes all prior negotiations, statements or agreements, either written or oral.
The parties,may amend this agreement only by a written instrument signed by bath the Client
and the Landscape Architect.
u.1CLIENT PROPOSALSITequesialTequesta Drive aridgelLandscape Contraci.doc
Village of Tequesta
Landscaping for Bridge
Project No. 10 -0309
March 25, 2010
Page 4 of 5
C. In the event that any term or provision of this agreement is found -to be unenforceable or invalid
for any reason, the remainder . of this agreement shall continue.in full force and effect, and the
- parties agree that any unenforceable or invalid term or provision shall be amended to the
minimum extent required to make such term or provision enforceable and valid.
0. Neither the Client nor the Landscape Architect shall assign this agreement without the written
consent of the other.
E. Irrespective of any other term in this agreement, the Landscape Architect shall not be
responsible for construction means, • methods, techniques, schedules; sequences, or
`procedures; or for construction - safety, or any other related programs; or for another party's
`failure to complete their work or services in accordance with the Landscape Architect's
documents.
F. : Client agrees to indemnify, defend and hold harmless the Landscape Architect from and against
any and all claims, liabilities, suits, demands„ losses, costs and expenses, including, but not +
limited to, reasonable attorneys; fees and all legal expenses and fees. incurred- through appeal,
and all interest thereon, accruing or resulting to any and all persons, firms or any other legal
entities on account of any damages or losses; to property or persons, including injury or death, or
economic losses, arising out of the Project and /or this agreement, except that the Landscape
Architect shall not be entitled to be indemnified to the extent such damages or losses are found ...
by a court or forum of competent jurisdiction to be caused by the Landscape Architect's errors or
omissions.
G. Should any legal proceeding be commenced between the parties to this agreement seeking to
-enforce any of its provisions, including, but not limited to, fee provisions, the prevailing party in
_ such proceeding shall be entitled, in addition to such other relief as may be. granted a
reasonable sum for attorneys' and expert witnesses' fees, which shall be determined by the
court or forum in such a proceeding or in a separate action brought for that purpose. ,
H. The Client and the Landscape Architectwaive consequential damages for any claims, disputes
or other matters in question arising out of or relating to this agreement. The Landscape
Architect's waiver of consequential damages, however, is contingent upon the Client requiring _
the contractor and its subcontractors to waive all consequential damages against the Landscape
Architect for claims disputes or other matters in question arising out of or relating to the project. i
t. To the extent that damages are covered by property insurance during construction, the Client
and Landscape Architect waive all .rights against .each other and against the contractors,
:consultants, agents, and employees of the other for such damages. The Client or Landscape !
Architect, as appropriate, shalt require of the contractors, consultants, agents and employees of
any of them similar waivers in favor or the other parties described in this paragraph. I
J. The Client acknowledges 'and agrees that proper Project maintenance'is required after the
Project is complete. A of improper maintenance for this Project may result in.damage to
property and -or persons. The Client further acknowledges. that, as between parties to this
.agreement, the Client is solely responsible for: the • results of any lack 'of or improper .'
maintenance.
IC_ Nothing in this agreement shall create a contractual relationship for the benefit of any third party.'
9. Extent of Agreement
This Agreement represents.the entire Agreement between the Client and the Landscape Architect
i
U:I CLIENT 'PROPOSALSITequeslalTequesta Drive Bridgell-andscape Coniracl.doc
Village of Tequesta _
Landscaping for Bridge
Project No. 10 -0309.
March 25, 2010 -
Page 5 of 5
concerning the Scope of Work and maybe amended only by written instrument signed by the Client and
the Lands cape' Architect. In all respects, the laws of the state shall govern this Agreement of Florida,and
venue concerning any. dispute that may.arise under it shall be in Palm Beach County, Florida.
10.. :Limits of Liability
The Landscape Architect or his' consultants, agents, representatives or employees shall'not be liable to
the Client for indirect, special, reliance, incidental, consequential or'exemplary damages (other then.
personal injury damages) arising out of or concerning the performance of the services for this Agreement
beyond the amount of fees paid for such services.
The •Landscape.' Architect shall not be responsible for monitoring site plan approval status beyond the .
date of approval by the local jurisdiction having authori ty over the project_ (Most site plan approvals
expire 18 -24 months after final - approval-) _
The Landscape Architect does not warrantor guarantee,the decisions made by governmental employees
and /or appointed and elected officials. The Landscape Architect shall be compensated for all services 1
performed under this agreement without consideration of approval status by the above fisted reviewing i
entities.
.'This Agreement was entered the day and year,flrst above written
Gentile Holloway O'Mahongy & Associates, Inc.(LC177)
2sgi; C oto
George G. Gentile, FgSLA, President Date
Village of Tequesta .
Mr. Michael R_ uzz
Date
_ WCUENT PROPOSALSlTequeslalTequesla Drive BridgeSLandscape Contract.doc
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