HomeMy WebLinkAboutReso 2020-3028 •
RESOLUTION NO. 2020 - -1 02.8
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY
ISLES BEACH, FLORIDA, APPROVING A FOURTH AMENDMENT TO
THE AGREEMENT WITH O'LEARY RICHARDS DESIGN ASSOCIATES,
INC. FOR LANDSCAPE ARCHITECT SERVICES, IN A TOTAL AMOUNT
NOT TO EXCEED SIXTY-FIVE THOUSAND DOLLARS ($65,000.00),
ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE MAYOR
TO EXECUTE SAID AMENDMENT; AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS
RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on September 15, 2016 via Resolution No. 2016-2590, the City
Commission authorized the City Manager to negotiate an agreement with the top ranked firm of
O'Leary Richards Design Associates, Inc. and then with the next ranked firms, should
negotiations with O'Leary Richards Design Associates be unsuccessful; and
WHEREAS, on December 15, 2016 via Resolution No. 2016-2644, the City Commission
approved an agreement with O'Leary Richards Design Associates, Inc. in an amount not to
exceed $65,000.00 to provide landscape architect services for a period of one (1) year with four
(4) additional one (1) year renewal options; and
WHEREAS, on October 19th, 2017 via Resolution No. 2017-2749, the City Commission
approved a First Amendment to the Agreement with O'Leary Richards Design Associates, Inc.
for additional professional landscape architect services, in a total amount not to exceed
$63,443.72, bringing the total contract amount not to exceed $128,443.72; and
WHEREAS, on January 18th, 2018 via Resolution No. 2018-2778, the City Commission
exercised its first option to renew the Agreement and approved a Second Amendment to the _
Agreement with O'Leary Richards Design Associates, Inc. in an amount not to exceed
$84,400.00, bringing the total contract amount not to exceed $212,843.72; and
WHEREAS, on January 17th, 2019 via Resolution No. 2019-2900, the City Commission
exercised its second option to renew the Agreement and approved a Third Amendment to the
Agreement with O'Leary Richards Design Associates, Inc. in an amount not to exceed
$120,000.00, bringing the total contract amount not to exceed $332,843.72
WHEREAS, the City being satisfied with the services performed by O'Leary Richards
Design Associates, Inc. desires to exercise its third of four (4) renewal options; and
WHEREAS, the City Commission now wishes to approve a Fourth Amendment to the
Agreement with O'Leary Richards Design Associates, Inc., exercising the third of four (4)
renewal options, in a total amount not to exceed Sixty-Five Thousand Dollars ($65,000.00),
attached hereto as Exhibit "A", bringing the total contract amount not to exceed Three Hundred
Ninety-Seven Thousand Eight Hundred Forty-Three Dollars and Seventy-Two Cents
($397,843.72).
R2020 Fourth Amend To Oleary Richards Agmt Page I of 2
NOW,THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Approval of Fourth Amendment. The City Commission hereby approves the
Fourth Amendment to the Agreement with O'Leary Richards Design Associates, Inc., exercising
the third of four (4) renewal options, in a total amount not to exceed Sixty-Five Thousand Dollars
($65,000.00), attached hereto as Exhibit "A", bringing the total contract amount not to exceed
Three Hundred Ninety-Seven Thousand Eight Hundred Forty-Three Dollars and Seventy-Two
Cents ($397,843.72).
Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute said
Amendment to the Agreement.
Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all
things necessary to effectuate this Resolution.
Section 4. Effective Date. This Resolution will become effective upon adoption.
PASSED AND ADOPTED this 16th day of Ja .ary 2020.
AP
George H. choll, Mayor
ATT ' :
..11111
Mauric • B-tanc r, CMC, City Clerk
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
4),Aica, 46.11,1A.
Edward A. Dion, City Attorney
Moved by: COMA1I 'S1Ot¼ 2 60 143044
4
Second by: 00W 411C. o,I VIS Ptit
VOTE:
Mayor Scholl ✓ (Yes) (No)
Vice Mayor Svechin /(Yes) (No)
Commissioner Goldman /-(Yes) (No)
Commissioner Lama ---"27_(Yes) (No)
Commissioner Viscarra " (Yes) (No)
R2020 Fourth Amend To Oleary Richards Agmt Page 2 of 2
SJNNY Iss'F`
FOURTH AMENDMENT TO THE AGREEMENT BETWEEN
THE CITY OF SUNNY ISLES BEACH AND O'LEARY RICHARDS
� DESIGN ASSOCIATES, INC.
'NO
Of SUH
CONTRACT NO. 2902-016
This Third Amendment to the Agreement between the CITY OF SUNNY ISLES BEACH
("City',') and O'LEARY RICHARDS DESIGN ASSOCIATES, INC. ("Consultant") executed this
17/1 day of eyr&ti r ,2020, is made a part of the original Agreement("Agreement") dated
February 6, 20(7, between t& City and Consultant, a copy of which attached hereto as Attachment "A",
whose Federal Identification# is 03-0493187. The City and Consultant hereby agree as follows:
1. OPTION TO RENEW. The City hereby wishes to exercise its third option to renew the
Agreement for one (1) year in accordance with Section 3 of the original Agreement, incorporated herein
by reference. The original Agreement was entered into on February 6, 2017. The City shall have the
option to extend this agreement for one(1)additional one (1)year renewal term.
2. ADDITIONAL COMPENSATION. The City wishes to amend Section 5 of the Agreement
("Compensation"); to provide additional compensation for this one (1) year renewal term in the amount
not to exceed Sixty-Five Thousand Dollars ($65,000.00). This additional compensation shall be invoiced
in accordance with the hourly rate schedule attached hereto as Attachment "B." This amount will bring
the total contract amount not to exceed Three Hundred Ninety-Seven Thousand Eight Hundred Forty
Three Dollars and Seventy Two Cents($397,843.72).
3. PROHIBITION AGAINST CONTRACTING WITH SCRUTINIZED COMPANIES.
Pursuant to Florida Statutes Section 217.4725, contracting with any entity that is listed on the Scrutinized
Companies that Boycott Israel List or that is engaged in the boycott of Israel is prohibited. Contractors
must certify that the company is not participating in a boycott of Israel. Any contract for goods or services
of One Million Dollars ($1,000,000) or more shall be terminated at the City's option if it is discovered
that the entity submitted false documents of certification, is listed on the Scrutinized Companies with
Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector
List,or has been engaged in business operations in Cuba or Syria after July 1, 2018.
Any contract entered into or renewed after July 1, 2018 shall be terminated at the City's option if the
company is listed on the Scrutinized Companies that Boycott Israel List or engaged in the boycott of
Israel. Contractors must submit the certification that is attached to this agreement as Attachment "C".
Submitting a false certification shall be deemed a material breach of contract. The City shall provide
notice, in writing, to the Contractor of the City's determination concerning the false certification. The
Contractor shall have ninety (90) days following receipt of the notice to respond in writing and
demonstrate that the determination was in error. If the Contractor does not demonstrate that the City's
determination of false certification was made in error, then the City shall havethe right to terminate the
contract and seek civil remedies pursuant to Florida Statute Section 215.4725.
4. OTHER PROVISIONS REMAIN IN EFFECT. Except as specifically modified herein, all
terms and conditions of the original Agreement between the parties, dated February 6, 2017, and attached
hereto as Attachment"A", shall remain in full force and effect.
5. CONFLICTING PROVISIONS. The terms, statements, requirements, or provisions contained
in this Fourth Amendment shall prevail and be given superior effect and priority over any conflicting or
inconsistent terms, statements, requirements or provisions contained in any other document or attachment,
including but not limited to Attachments "A,""B"and"C."
IN WITNESS WHEREOF, the parties hereto have executed this document as of the date
mentioned above.
7 .
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WITNESS: O'LEARY RICHARDS DESIGN.
ASSOCIATES,,INC:•.- •
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Kat.,_ - .O' Bary Richards, 'residen_t
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ATTES i$► ;CITY:O' i:ISLES.BEACH NO7 I—
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BY ��� - �BY..
Ma 'io Betaig- ,CMC,City'Glerk, George Scholl,Mayor
APPROVED.AS TO`FORM
•AND LEGAL SUFFICIENCY
BY 4,2, 1 8
Edwaid A.:'Dion,t City:. 'ttorriey
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---c-- igles :Beach
U , 1 • i, ,2e.,.4. :•1:-,751...;,,I4-‘ "-T; :16070 C ollini Avenue'
J Sunny Isles Beach, Florida33160 . ' ''' .:- ' ' : • •
(305)9474606 City Hall 1
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cf4 o,sW4 1'1° (305)949-3113 Fax
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MEMORANDUM
TO
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. _ .. .. . . • • . .s. . _
TO: The Honorable Mayor and City Commission
VIA: Christopher J. Russ , 6ii",Manager- . . _. .
FROM:. • Susan Simpson,Assistant City Manager
_ .
DATE: . 1/16/2020 _
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RE Fourth Amendment to Agreement with O'Leary Richards
._Design Associates, Inc axerpisingour Option to Renew
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1, . '
0 I : ; RECOMMENDATION
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1 i Tnis itemis presented for your consideration. I
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. i REASONS:
1 i I ;. 1
017. inchFaerdbsruaDryes6ig, 2n0A1s7stohceiaCteitys,eInntce.,re(doRinbtoATfAorgriLeaenmdesngtlwipethAOr.c' eiteacryt
Services: 'These services include landscape 'plan review forl the
Building Department and the Zoning Department as well as monthly
inspections for the Cultural and Community Services Department and
the Public Works Department regarding Landscape Maintenance.
Other projects may include small design work such as new landscaping
. :
around a new entrance at a park. • ' ---
The City remains pleased with the work product provided by ORDA
and wishes to exercise their option to renew this'agreement for one
year. This will leave a one year renewal option from the original
agreement.
--_----. ..:.-_.: ...- .... The, additional compensation respested is not to exceed $65,000.00- - - - -
— . for this renewal for a total contract'amount not to exceed-$397,843.72, - --. -
. - s An estimated 1/.3.of.the expenses for this contract are cost recovery
' through permit fees.
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166
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ADDITIONAL INFORMATION:
; • •
ORDA has maintained the same rates as the original bid in 2016. Thi 0 ; Q
,
renewal includes increased hourly rates as per the,updated rate sheet
included as Attachment"B".
FUNDING SOURCE:
Funding for this item is budgeted for and available in various accounts
in the general fund based on department.
ATTACHMENTS:
Description
Resolution
Agreement
Item Number: 10.D.
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1 • I •
167
O’Leary Richards Design Associates, Inc.
Landscape Architecture & Planning
Oak Plaza Professional Center
8525 SW 92nd Street, Suite C-11
Miami, Florida 33156
Phone: 305.596.6628
Fax: 305.596.9160
LC #26000195
Member of the
American Society of Landscape Architects
January 2, 2020
Ms. Susan Simpson
Assistant City Manager
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, FL 33160
Dear Ms. Simpson:
We have maintained our hourly rates for over three years and will be increasing
our rates in order to keep up with increasing inflation and overhead costs. In
addition, this increase will make our rates commensurate with that of neighboring
cities. Our hourly rate effective January 1, 2020 will be as follows:
Principal Landscape Architect/Quality Control $193.00/hr.
Sr. Landscape Architect/Project Manager/Plans Reviewer $170.00/hr.
Landscape Architect $155.00/hr.
Construction Manager $140.00/hr.
Cadd Technician $ 95.00/hr.
Thanking you for the opportunity to work for the City of Sunny Isles Beach, I am
Very truly yours,
O’Leary Richards Design Associates, Inc.
Kathryn O’Leary Richards, PLA, ASLA, LEED GA
CONTRACTOR ANTI-BOYCOTT CERTIFICATION
[PURSUANT TO FLORIDA STATUTE § 215.4725]
I, ___________________, on behalf of _________________________,
Print Name Company Name
certifies that___________________________ does not:
Company Name
1. Participate in a boycott of Israel; and
2. Is not on the Scrutinized Companies that Boycott Israel list; and
3. Is not on the Scrutinized Companies with Activities in Sudan List; and
4. Is not on the Scrutinized Companies with Activities in the Iran Petroleum
Energy Sector List; and
5. Has not engaged in business operations in Cuba or Syria.
________________________________
Signature
________________________________
Title
________________________________
Date