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HomeMy WebLinkAboutReso 2020-3087RESOLUTION NO. 2020 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING A FIFTH AMENDMENT TO THE AGREEMENT WITH O'LEARY RICHARDS DESIGN ASSOCIATES, INC. FOR ADDITIONAL LANDSCAPE DESIGN SERVICES RELATING TO THE MEDITATION GARDEN, IN A TOTAL AMOUNT NOT TO EXCEED NINETY-NINE THOUSAND SEVEN HUNDRED SEVENTY-SIX DOLLARS ($99,776.00), 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, on January 16th, 2020 via Resolution No. 2020-3028, the City Commission exercised its third option to renew the Agreement and approved a Fourth Amendment to the Agreement with O'Leary Richards Design Associates, Inc. in an amount not to exceed $65,000.00, bringing the total contract amount not to exceed $397,843.72; and WHEREAS, the City Commission now wishes to approve a Fifth Amendment to the Agreement with O'Leary Richards Design Associates, Inc., for additional landscape design services related to the "Meditation Garden", in a total amount not to exceed Ninety -Nine Thousand Seven Hundred Seventy -Six Dollars ($99,776.00), attached hereto as Exhibit "A", bringing the total contract amount not to exceed Four Hundred Ninety -Seven Thousand Six Hundred Nineteen Dollars and Seventy -Two Cents ($497,619.72). 82020 Fifth Amend To Oleary Richards Agmt Pagel 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 Fifth Amendment. The City Commission hereby approves the Fifth Amendment to the Agreement with O'Leary Richards Design Associates, Inc., for additional landscape design services related to the "Meditation Garden", in a total amount not to exceed Ninety -Nine Thousand Seven Hundred Seventy -Six Dollars ($99,776.00), attached hereto as Exhibit "A", bringing the total contract amount not to exceed Four Hundred Ninety -Seven Thousand Six Hundred Nineteen Dollars and Seventy -Two Cents ($497,619.72). Section 2. Authorization of Maw 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 161h ay�f July 2020. i + orge H. Scholl, Mayor 1 ATTEST:. e � Maurice Beta cur, MC, City Clerk APPROVED AS TO FORM AND G S FICIENCY: ` l" Edward A. Dion, City Attorney Moved by:C X{'� � 01�7(_ t ECL second by: �CC �� �S}I��'�tl? A Vote: Mayor Scholl Vice Mayor Svechin Commissioner Goldman Commissioner Lama Commissioner Viscarra (Yes) (No) (Yes) (No) (Yes) (No) 71— (Yes) (No) t_ (Yes) (No) R2020 Fifth Amend To Oleary Richards Agmt Page 2 of 2 NNr t FIFTH AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH AND O'LEARY RICHARDS DESIGN ASSOCIATES, INC. CONTRACT NO. 2902-016 This Fifth Amendment to the Agreement between the CITY OF SUNNY ISLES BEACH ("City') and O'LSARn RICHARDS DESIGN ASSOCIATES, INC. ("Consultant") executed this day of 3L 2020, is made a pari of the original Agreement ("Agreement") dated February 6, 2017, betwe n the City and Consultant, a copy of which attached hereto as Attachment "A", as amended, whose Federal Identification # is 03-0493187. The City and Consultant hereby agree as follows: I. ADDITIONAL SERVICES: The parties hereby wish to amend Section 2 of the original Agreement ("Services") to provide that Contractor shall also provide those services more fully described in Contractor's proposal attached hereto as Attachment "B" and incorporated herein by reference ("Additional Services"). 2. ADDITIONAL COi4IPENSATION. The City wishes to amend Section 5 of the Agreement ("Compensation") to provide additional compensation for the Additional Services in an amount not to exceed Ninety -Nine Thousand Seven Hundred and Seventy -Six Dollars ($99,776.00). This amount will bring the total contract amount not to exceed Four Hundred Ninety -Seven Thousand Six Hundred Nineteen Dollars and 72/100 ($497,619.72). 3. PROHIBITION AGAINST CONTRACTING WITH SCRUTINIZED COMPANIES. Pursuant to Florida Statutes Section 287.135, 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 atter 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 certifeation 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 have the right to terminate the contract and seek civil remedies pursuant to Florida Statute Section 287.135. 4. OTHER PROVISIONS REMAIN IN EFFECT. Except as specifically modified herein, all terms.and-conditions_of_the ac inalAgreement between the )arries, dated February , 2017, and attached hereto as Attachment "A", shall remain in full force and effect. S. 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 terns, 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. [SIGNATURE PAGE TO FOLLOW] WITNESS: Signature I -f•V t k) 'Pt C tI A Print Nana ATTEST., BY: a. aur cio `etanci r, CMC, City Clerk 4'LEARY RICHARDS DESIGN ASSOCIATES, INC. BY: _ K thiyu O Lc Rehva f TAresident CITY OF S N ISLES BEACH BY George H. Scholl, Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY Q BY: _ Edward A. Dion, City Attorney Attachment "A" Original Agreement h , AGREEMENT BETWEEN THE CITY OF SUNNY 9LES BEACH- AND a'LEARY RiCHARDS DESIGN A880CIATIS, INC. '0,CON�,,RACT NQ. x;2902-1617`013 Ott 0, ✓ T?£3IS CONTRACTI L AGREEM N x (hereinafter referred to as the "Agreement') is made in duplicate, thls P day of - ' t e -, 201 'y and between the CITY OE+ SUNM ISLUS DEAC Florida, (hereinafter heferred to as City"), and OUARX RicilARDS RESIGN ASSOCIATES, INC,, a corporation authorized to do business in the Stato of Florida (hereinafter referred to as "Consultant") whose Federal I.D. # is -- RE CITAM, WIJEREAS, the M/ issued Request for Qualifications C RFQ') No. 1646-02 for landscape architect services ("Services"); and WHEREAS, the Consultant represents to the City that it possesses the requisite qualifications, expertise and licenses to perform all necessary work in conneotion with Services; and WIMi REAS, Consultant has expressed the ability and desire to provide these services subject to the terms and conditions contained herein and RFQ No. 16.06-02, which is incorporated herain by reference; and WIJERMAS, the City desires to contract with Consultant to provide the Services, as more fully described in Attachment 'W'which is attached hereto; and REAS, the City desires to eztter into an Agreement with Consultant to provide the Services in: a total amount not to exceed Sixty Five Thousand Dollars ($65,000.04). N()W THEREFORE, in consideration of the promises and the mutual covenants herein name, the parties agree as follows'. 1. auITL The Recitals set forth above are hereby incorporated into this Agreement and made apart hereof for reference, 2. SFRVICICS, Consultant agrees to furnlsh all labor and materials in a good workmanlike and professional manner and to perform the Services. The Services shall be performed by Consultant to the full satisfaction of the City. Consultant age os to have a qualified representative to audit and inspeot the Servioes provided on a regularbasis to ensure all Services are being performed in accordance with the City's needs and pursuant to the terms of this Agreement, and shall report to the City accordingly. Consultant agrees to immediately inform the City via telephone and is writing of any problems that could cause damage to the City's nrnriPt'tV. i mnrnvernents and Persons- Consultant will require its employees to perform their work in a manner be6tiingth®type and scope at wartc to ee perrormea, in me event mar mc,,onsunam falls to complete the Services pursuant to the terms of this contract and City must undertake the completion of performance of Services, Consultant agrees to indemnify the City for all costs incurred with respect to the oorripletioa of those Services and any damages the City may suffer as f the Consultant's failure to perform the Services, a -14. o C29%.1611 Ut9-O`Leary RielrardsbestanAsSwiaic+e,Cnc. NO - ATTACHMENT "A" QY of Sunny Isles Burch 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947.0606 phone (305) 949-3113 Fox 3. FERNY. Subject to the provisions relating to the termination of this Agreement as set forth in Section 9 hereunder, the term of this Agreement shall commence upon the execution of this Agreement by both parties and shall terminate no later than one (1) year thereafter. Consultant acknowledges that compliance with the conunencement and completion schedule is the essence of this Agreement. The terms of Sections 16 and 17 entitled "lndernndfication and Waiver of Liability" and "Compliance with Law" respectively, shall survive tennination of this Agreement. 4.jM RM -MAL. The patties shall have the option to extend this Agreement for four (4) addifionai one (I) year renewal terms, based upon the City's exercise of these renewal periods. S. GOMPINSAT10N. As the entire compensation during the initial one (1) year term; as well as during -any subsequent renewal term(s), In whatever capacity rendered, the City shall pay Consultant an amount not to exceed Sixty Five Thousand Dollars ($65,000.00). Payment to Consultant for all charges and tasks under this Agreement shall be in accordance with this Agreement and the schedule of charges reflected in Attachment "A", which fee shall be disbursed on a monthly basis and under the following conditions, Payment Schedule. Invoices received from the Consultant pursuant to this Agreement will be reviewed by the initiating City Department: If Services have been rendered in confarrnity with the Agreement, the invoice will be sent to the Finance Department for payment. Invoices must reference the contract number assigned hereto. Invoices will be paid in accordance with the State of Florida Prompt Payment Act, The City will pay properly submitted Contractor invoices within 30 (thirty) days of receipt, for completed and accepted deliveries or specified services sndlor goods, unless the City notifies the Contractor in writing of the dispute, before the payment is due. Availability of Funds; The City's performance end obligation to pay under this Agreement during the initial or any subsequent renewal term is contingent upon an annual appropriation for Its purpose by the City Commission, Final:Invoiee. In order for both parties herein to close their books and records, the Consultant will clearly state "fins Ice" on the Con'sultant's finabIlast billing to the City. This certifies that -all services have been properly pelforcned and all charges and costs have been invoiced to the City. Since this account will thereupon: be closed, any other additional charges; if not properly included on this final invoice, are waived by the Consultant, consultant shall make no other charges to the City ;for supplies, labor, taxes, licenses, overhead or any other expenses or costs unless airy such expense or cost is incurred by taut with the prior written approval of the City. If the City disputes any charges on the os, it niav make payment of the uncontested amounts and withhold payment on the Consultant shall not pledge the City's credit or make it a guarantor of payment or. surety for aay contract., debt, obligation, judgment, lien, or any form of indebtedness. The Consultant 0902.1fit7-0t0.0,LmgRtchstdsDesign Assootales, Inc. City of Sunny Isles Bench 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this Agreement. 6. INDEP NDENT CONTi UQR M:1Jkx'XOYSNIP. The Consultant is an independent contractor and shall be treated as such for all purposes. Nothing contained in this Agreement or any action of the parties shall be construed to constitute or to render the Consultant an employee, partner, agent, shareholder, officer or in any other capacity other than as an independent contractor other than those obligations which have been or shall have been undertaken by the City. Consultant shall be responsible for any and all of its own expenses in performing its duties as contemplated under this Agreement. The City shall not be responsible for any expense Incurred by the Consultant. The City shall have no duty to withhold any Federal income taxes or pay Social Security services and that such obligations shall be that of the 'Consultant, other than those set forth in this Agreement. Consultant shall furnish its own transportation, office and other supplies as it determines necessary in carrying out its duties under this Agreement. 7. OMNFRSHIP OF DOC=NTS AND EMPPMEt - . All documents prepared by the Consultant pursuant to this Agreement and related Services to this Agreement are intended and represented for the ownership of the City only. Any other use by Consultant'or other parties shall be approved in writing by the City. If requested, Consultantshalt deliver the documents to the City within fifteen (15) calendar days. 81 IDMURANCE. Consultant shall, at its sole cost and expense, during the period of any work being performed lunder this Agreement, procure and maintain the following minimum insurance coverage to protect the City and Consultant against all loss, claims, damage and liabilities caused by Consultant, its agents or employees, as indicated below: Comprehensive General liability insurance, Including broad forth contractual liability coverage for all operations, including, but not limited to, contractual, products, and completed operations, personal injury and property damage liability with minimum limits of One Million Dollars ($1,000,000) per occurrence. Umbrella Liability Insurance shall be required to purohase, maintain, and keep in U[ force,.' effect, and good standing, above the primary commercial general liability, automobile liability, and employers' liability policies required herein. The limit shall not be less than One Million Dollars ($1,000,000.00) per occurrence and annual aggregate per ocourrenoe during the loltial and any renewal term. a Worker's Compensation and employer's liability coverage, as required pursuant to Florida law. Insurance required of the Consultant shall be primary to, and not contribute with, any insurance: or self-insurance maintained by the City. Such insurance shall not diminish Consultant's indemnification and obligations hereunder. yhe insurance policy shall be issued by companies authorized to do business under the laws of n Associates, Inc. S I C2902.1b17•e14-OtearyRiclords t7esig City ©f Bunny Isles Bench 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947.0606 phone (305) 949-3113 Fax the State of Florida and acceptable to the City with a minimum AK But rating of A -Excellent, Before any work under this Agreement is performed, and at any time upon request, Consultant shalt furnish to the City certificates of insurance evidencing the minimum required covarage and shall be appropriately endorsed for contractual liability, with the City named as additional insured. All policies shall contain a waiver of subrogation endorsement. All policies and certificates shall be in forms and issued by insurance companies acceptable to the City Manager or his designee. All insurance policies and certificates of insurance shaft provide that the policies may not be canceled or altered without thirty (30) days prior written notice to the City. Consultant shall also require and ensure that each of its subcontractors providing services hereunder (if any) procures and maintains, until the completion of the services, insurance of the types and'to the limits specified herein. ANY EXCEPTIONS TO TIME INSURANCB MULUMBNTS IN THIS SECTION MUST BE APPROVED IN WRITING BY THE CITY. 9. TERMINATION AND REMEDIES LOR BREACH. A. If, through any cause within reasonable control, the Consultant shall fail to. fulfill in a timely manner or otherwise violate any of the covenants, agreements or stipulations material to this Agreement, the City shall have the right to terminate the Services then remaining to be performed. Prior to the exercise of Its option to terminate for cause, the City shall notify the Consultant of its violation of the particular terms of the Agreement and grant Consultant ten (10) days to cure such default. if the default romalus uncured after ten (10) days the City may terminate this Agreement, and the City shall receive a refund from the Consultant in an amount equal to the actual cost of a third. party to cure ouch failure. If Consultant falls, refuses or is unable to perform any term of this Agreement, City shall pay for services rendered as of the date of termination. (i.) In the event of termination, all finished and unfra fished documents, data and other work product prepaftd by Consultant shall be delivered to the City and the City shall compensate the Consultant for all Services satisfactorily performed prior to the data of termination, as provided in paragraph 5 herein, (ii.) Notwithstanding the foregoing, the Consultant shall not be relieved of liability to the City for damages sustained by it by virtue of breach of the Agreement by Consultant and the City inay reasonably' -withhold paymeat to Consultant for the purposes of set-off until. such time as the exact amount of datnages due the City from the Consultant is determined. 'R Termination for Convenience of_ it , The City may, for its convenience and without cause terminate the Services then remaining to be performed at any time by giving Consultant ten (10) days written notice. The terms of Paragraph 9A(i) and A(ii) above shall be applicable hereunder. SIB C29024611-00 - 0'i my Richards beslp Assooiatos, inn Clay of Sunity Isles Beach I $070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947.0606 phone (305) 949,3113 Fax Termination for insolvency. The City also reserves the right to terminate the remaining Services to be performed in the event the Consultant. is placed either in. voluntary or invoinntary bankruptcy or makes any assignment for the benefit of creditors. 10. RAC3{G O_UN„D CHECKS, A criminal background gheck will be required for any employee of the Consultant performing Services under this Agreement. The Consultant. shall be required to perform the criminal background check at their own sole cost and expense through the City, The Consultant shall ensure that only their properly designated employees listed with the City Manager be permitted to perform Services. In the event the designated employees are removed by the Consultant, the Consultant shall immediately notify the City Manager or his designee. Additionally, identification cards will be provided by the City at the Consultant's sole cost and expense. -Consultant shall ensure that all designated employees wear the City's provided identification cards while performing Services. 11. GO'VirHNlNg LAE AND ATT EYS FETES. It is agreed that this Agreementshall be governed by, construed and enforced in accordance with the laws of the State of Florida. Venue for any legal proceeding shall be in Miami -Dade County, Florida. In the eventit becomes necessary for the City to file a lawsuit to enforce any term or provision under this Agreement and the City is the prevailing party then the City shall be entitled to its costs and attorney's fees at the prehial, trial and appellate levels. 12. CLloDENTIAL IMOR MATION. The Consultant shall not, either during the term of this Agreement or any time for a period of ten (1 U).years subsequent to that date upon which the Consultant shall leave the employment of the City for any reason whatsoever, disclose to arty person or entity, oth—or thaa in the discharge of the duties of the Consultant under this Agreement, any inforynation which the City designates in writing as "confidential." As a violation by the Consultant of the provisions of this Section could cause irreparable injury to the City and there is no adequate remedy at law for such violation, the City shall have'the right, in addition to any, other remedies available to it at law or in equity, to enjoin the Comultaut from violating such provisions. 13,=ICES. All notices and other communications required or permitted to be given under this Agreement by either party to the other shall be in writing and shall be sent (except as otherwise provided herein) (1) by certified or registered mail, first plass postage. prepaid, return receipt zegnested, (ii) by guaranteed overnight delivery baBationallyreeognixed courier service, or ilii) by facsimile with.confirmation xeceipt (with a copy simuttaneousty sod by certified or xr ( tered mail, first class postage prepaid, return receipt requested or by overnight delivery'by traditionally recognized courier service?, addressed to such party as £chows: C290Z•1619•e14.O'Leary Richards Design Ass 010016 (ne. City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida (305) 947-0606 phone (305) 949-3113 Fax Ilio the City: Christopher J. Russo With a copy to: City Manager Hans Ottinot, City Attorney City of Sunny Isles Beach City of Sunny Isles Beach 18070 Collins Avenue, 41" Floor 18070 Collins Avenue, 4th Floor Sunray Isles Beach, Florida 33160 Sunny Isles Beach, Florida 33160 Tel: (305) 792-1701 Tel: (305) 792-1702 Kathryn O'Leary Richards, ASLX IP to the 8525 SW 92nd Street, Suite C -t 1 Consultant: Miami, Fi_, 33156 Tel: (305) 5966.6628 Fax: (305) 596.9160 _ ---- _ - -- - 14. PUBLIC RECORDS. The Consultant shall be requited to comply with the following requirements under Florida's Public Records Law: (i.) Consultant shall keep and maintain public records required by the City to perform the service. (ii) Upon request from the City, Consultant shall provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a oast that does riot exceed the cost provided by Chapter 119, Florida Statutes, or as otherwise provided by law, (iii.) Consultant shall ensure that public records that are exempt or confidential and exemptkom public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term. and following completion of the contract if the Consultant does not transfer the records to the City. (iv) Consultant shall, upon completion of the contract, transfer, at no cost, to the City all public Tecords ld possession of the Consultant or keep and maintain public'records required by the City to perform the service. If the Consultant transfers all public records to the City upon completion of the contract, the Consultant shall destroy any duplicate public records that are exetnpt or confidential and exempt from public records disclosure requirements. If the Consultant keeps and maintains public records upon completion of the contract, the Consultant shall meet all applicable requirements for retaining public records. All records stored electronically must be provided by Consultant to the City, upon request from the City, in a format that is compatible with the information technology systems of the City. IF THE CONSULTANT HAS QUESTIONS, REGARDING TI4E APPLICATION OF CHAPTER 119, FALORWA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC R I CORDS RAMATING TO TMS CONTRACT, CONTACT THE CITY'S CUSTODIAN OF PUBLIC RECORDS AT , i er .ne , 18070 Co rins xWenue, 4th Floor, Sunray Isles Beach, Florida 83164. SIB C2902 -1617-d19. Mary Riobrds Design Associates, Inc. Cily ofSanity Isles Bench 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (3 05) 947-0606 phone (305) 949.3113 Fax 15, AUDIT. The Consultant shall make available to the City or its representative all required financial records associated with the Agreement for a period of Three (3) years. 16, NON-DISCRIMINATION, The Consultant agrees to comply with all local and state civil rights orxlinances and with Title VI of the Civil Rights Act of 1984 as amended, Title V111 of the Civil Rights Act of 1968 as amended, Title 1 of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, tiro Anger leans with Disabilities Act of 1990, tae Age Discrimination Act of 1975, Executive Order if 063, and with Executive Order 11248 as amended by Executive Orders 11375 and 12086. The Consultant will not discriminate against any employee or applicant for employment because of race, color, creed, religion; ancestry, national origin, sex, disability or other handicap, age, maritai/faniillal status, or status with regard to public assistance. The Consultant will take affirmative action to insure that all employmentpractices axe free from such disoximination. Such employment practices include but are not limited to the following,: hiring, upgrading, demotion, transfer, reoruitment or recrultmont advertising, layoff, termination, rates of pay oro#her forms of compensation, and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City setting forth the provisions of this non-discrimination clause. The Consultant agrees to comply with any Federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 708), which prohibits discrixuination against the handicapped in any Federally assisted program. 17. CONFLICT' OF I-NIE ZEST. The Consultant agrees to adhere to and be governed by the Miami -?wade County Conflict of Interest Ordinance Section 2-11.1, as amended; and by the City of Sunny Isles Beach Ordinance No. 99-82, which are incorporated by reference herein as if fully set forth herein, in connection with the,Agreement conditions hereunder, The Consultant covenants that it presently has no interest and shall not acquire any interest, directly or indirectly whioh should conflict in any manner or degree with the performance of the Services. The Consultant further covenants that in the performance of this Agreement, no person having any such interest shall knowingly be employed by the Consultant, The Consultant guarantees that he/she has not offered or given to any member of, delegate to the Congress of the United States, any or part of this contract or to any benefit arising therefrom, i 8, MEMINCAIION AMA1� IVER OF LaAMLI—U The Consultant agrees, to the fullest extent permitted by law, to defend, indemnify and hold harmless the City, its agents, representatives, ofeers,•directors, officials and employees from and against all claims, damages, losses and expenses (including but not linrlted to attorney's fees, arbitration costs, and costs of appellate proceedings) relating to, arising out of or resulting from the ConsultatWs negligent acts, errors, mistakes or omissions relating to professional services in the performance of this Agrceracnt. The Consultant's duty to defend, hold harmless and indemnify the City, its agents, claim, damage, loss or expense that is attributable to bodily injury; sickness; disease; death; or injury to impairment, or destruction of tangible property including loss of use resulting therefiom, caused by any negligent acts, errors, mistakes or omissions related to professional services in the performance of this Agreement including any person for whose acts, errors, mistakes or omissions 7 C24e2•tb19-o19 -O'Leary Richards Resign Assoetntas, [ne, City of Sunny Isles Bench 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947.0606 phone (305) 949.3113 Fax Mi1COMq - - OwIfRM4i8iikYlaAllfmMxRM� the Consultant may be legally liable. The parties agree that One Hundred Dollars {$100.00) represents specific consideration to the Consultant for the Indemnification set forth hi this ; Agreement. 19, COMMANCI; WITH LAW. Consultant shall comply with all laws, regulations and ordinances of any federal, state, or local governmental authority having jurisdiction'with respect to this Agreement ("Applicable haws") and shall obtain and maintainany and all materlahpermits, licenses, approvals and 'consents :nepessary for the lawful conduct of the activities contemplated under this Agreement. 20, CUNF,ICTING PRQVMONS, If there is a conflict or inconsistency between any term, statement, requirement, or provision of any exhibit attached hereto, any document or events referred to herein, or any document incorporated into this Agreement, the term, statement, requirement, or provision contained in this Agreement shall prevail and be given superior effect and priority over any conflicting or inconsistent term, statement, requirement or provision contained In any other document or attachment, Including but not limited to Attachment "A" 21. M SCEIIMEOUS. A. In the event any provision of this Agreement is found to be void and unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall -nevertheless be binding upon the parties with the same effect as though the void or unenforceable provisions had been severed and deleted. B. This Agreement may be executed in multiple Identical counterparts, each of which ahall be deemed an original for all purposes. C. This :Agreement shall constitute the entire agreement between the parties with respect to the subject matter hereof;and it shall supersede all previous and contemporaneous oral and written negotiations, commitments, agreements and understandings relating hereto. A. Any mod ifioation of th is Agreement shall be effecti ve only 1 f in wilting and signed by itie parties to this Agreement. E. No waiver of any provision of 61s Agreement shall be valid or enforceable unless such waiver is in writing and signed by the party granting such waiver. 8 IB 09M.1611-019 -O'l,00ty MOWS DOW Assoble(es, Ino. city of'synny Ma Beach 18070 Collins Avenue, Suimylihs Beseh, Florida 33160 (305) 90-0606 phone (305) 999.8113 Fax IN WITNESS Wkll REW, the partlea hereto have examwi this Ag cement 1n triplicate on the stay and you Mat written above, WITNE,M (A'1t.EARYlRiCHARDs DESIGN A,SSOCXAUSI M. ;3;gnasare ,� By".. *Ihwryoej Ria *Pros J Prlat Name l , CITY OS+ _ CiNNY X T,BB BRA.CFX t BY; C#eaa , �91►u11: �Yot - AP1+A4?M AS TO YOM AMP LEGAL SIjjBRWENCY BY � q ftlnptGitj�A4tprna� B C39o2•ifit7�0i9* t5'Leary Rtuhatds OesiB6 Assaatates;tea. Attachment `B" Additional Services O'Leary Richards Design Associates, Inc. T �n Lxal ArcltiactumS pinning Oak Plaza Professional Center 8525 SW 92Rd street, Suite C-11 Miami, Florida 33156 Phone: 305.596.6628 Fax: 305.596.916o LC #26000T 95 t,AVWAW,nr1d1M1%x= July 10, 2020 Ms. Susan Simpson Assistant City Manager City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FI.33160 Re: Proposal for Professional Landscape Architectural & Engineering Services Meditation Garden at Town Center Park 17200 Collins Avenue Sunny Isles Beach, Florida 33160 Dear Ms. Simpson: We are pleased to submit our proposal to the City of Sunny Isles Beach (City) for providing landscape architectural, civil and electrical design services for the above referenced project. The Construction Documents will be based on the Conceptual Plans dated August 6, 2019 as presented to and approved by the PAAC Committee on August 6, 2019 and accurate survey including underground utility information to be provided by City. Deliverables Basic services to be provided by O'Leary Richards Design Associates, Inc. will include Landscape Architectural design and project management as follows: Design Development A. Prepare Design Development Plans that include paving layout and specifications, proposed landscape lighting and decorative fixture locations and type, site furnishings, entryway feature and metal vine trellis surrounding pavilion poles. B. Prepare landscape plan that defines the location and variety of proposed vegetation. C. Coordinate with artists (commissioned fountain). D. Prepare preliminary grading plan. E. Attend working meeting with the City representatives, as required. F. Upon approval from City, proceed to Construction Documentation phase. II, Construction Documentation A. Prepare an Existing Tree Inventory and Disposition Plan that determines species, size, condition and disposition of existing vegetation. This existing tree inventory will be used in completing the requirements for the tree removal/relocation as set forth by the City of Sunny Isles Beach and Miami -Dade County DERM. B. Prepare detailed Landscape Plan that defines the location, variety, size, quality, and quantity of all proposed vegetation. C. Prepare Site Furnishings Pian that depicts locations and specifications of proposed benches, trash receptacles and drinking fountain. D. Prepare gateway feature and metal vine trellis details and specifications. E. Prepare dimensioned Layout Plan. F. Prepare Paving Plan of paving fields for pedestrian sidewalk areas with specifications including paver type, pattern and color. G. Prepare Enlarged Paving plan of "yoga" circle. H. Prepare a detailed Irrigation Plan. I. Final coordination with commissioned artists for fountain base, shade cloth for eastern pavilion and sculpture base). J. Prepare a Schematic Landscape Lighting Plan indicating location and type of fixtures with details and cut sheets. The Landscape Lighting Plan will be prepared in order to accentuate commissioned artwork and landscape improvements. K. Prepare technical specifications suitable for bidding. General Conditions to be provided by City. L. Prepare Probable Statement of Construction Costs. M. Coordination with permitting agencies. N. Attend working meetings with the City representatives, as required. III. Permitting A. Coordination with permitting agencies. B. Assist City by incorporating permitting agency's review comments and re -issuing drawings as revisions for final sign-off's by the agencies and departments having jurisdiction. It is understood that the City shall be solely handling the effort associated with the permitting process through the required permitting agencies. IV. Bidding A. Attendance at pre-bid conference. B. Respond to bidder inquires in response to RFI's raised during the bidding phase. V. Construction Observation A. Review change order requests. B. Review contractor RFI's and issue necessary clarifications and interpretations of the construction documents. C. Assistance in reviewing Requests for Payment from Contractor throughout project duration. D. Prepare necessary revisions to the plans. E. Perform a maximum of (6) observations to determine if the work is being performed in accordance with the contract documents. F. Final project close out: Conduct a final walk-through and provide --punch-list-of incomplete -items. G. Provide a follow-up walk-through for verification and review pertinent close-out documents required by the contract documents. VI. Project Management A. Coordinate the services of sub -consultant and manage overall project. Subconsultant Subconsultant included for civil and electrical design services is as follows: A. Civil & Electrical Engineering: Ross Engineering, Inc. (See Attachment 1 for respective scope of work) Scope of Services The scope of services for O'Leary Richards Design Associates, Inc (ORDA) will include the landscape architectural and project management components of the project, Scope of Services for civil engineering and electrical engineering services are defined in the document prepared by Ross Engineering, Inc. dated March 23, 2020 (see Attachment 1). The scope of services is limited by the specific terms of this proposal. Except as stated specifically herein, no other service will be provided except as "extra work", subject to the fees hereinafter set forth. The terms hereof shall be construed in favor of the firm and all inferences and implications shall be deemed to be for the benefit of the firm. In reviewing this proposal for professional services, it should be understood that the above proposal items and their corresponding fees do not necessarily represent the full scope of services required for the project. Rather, it represents our best effort to set forth those services which we believe to be those requested by you, City, and/or those we can determine to be needed to accomplish a particular objective. However, we recognize and we ask that the City recognize that as a project progresses the scope of service as originally defined may change in content to include work not initially identified. As these influences occur and are identified, we will advise you of same and seek your direction as to how you wish to proceed. The following services are not included: 1. Surveying or any other site related work. 2. Structural or Mechanical engineering or evaluation of any kind. 3. Special testing or engineering studies. 4. Wildlife surveys and inventory. S. Presentation drawings, renderings or animations. 6. Certified arborist services. 7. Fountain design. 8. Construction Documents for building fagade. 9. Canopy replacement design for existing pavilion. 10. Plans processing or permitting. 11. Changes to permit plans as a result of site plan modifications after the plans have been submitted and approved by governing agencies. 12. Selection of plant material at nursery of origin. 13. Engineering or architectural services for existing pavilion structures. 14. Appearances before any regulatory Boards or Commissions. +Nor -k -required -as -a -result -of -the -a bo-ve-wilt_be"extra-vorkLou.tsi.de-o.f-the-original scope of services. Upon your direction, we will provide you with a separate proposal should the scope so indicate. Lump Sum Fees The lump Sum Fees set forth above are applicable for a period of three (3) months from the date of this proposal. If the work on any item to which a lump sum fee shall apply is not commenced within said period, the firm reserves the right to terminate this Agreement as it relates to said item. No prior notice of such adjustment shall be required. opinion of Probable Construction Costs In that our firm does not have control over the cost of labor and materials, or over competitive bidding and marketing conditions, the opinion of probable construction costs provided by our firm will be made on the basis of our experience and qualifications, but our firm does not guarantee the accuracy of the opinion of probable cost as compared to the contractor's bids. The firm recommends that you consult with the other professionals which you have employed in connection with the project. Construction Requirements It shall be your responsibility to notify the firm of the commencement of any work so that the firm may perform the necessary observations. The firm shall not be responsible for the quality or quantity of the work, the execution thereof, the techniques or sequences of construction, the safety and security of the project or the maintenance thereof. The firm is not a guarantor or insurer of the work of others and assumes no duty in connection therewith. In performing the services required of it, the firm will use that degree of care and skill ordinarily exercised, under similar circumstances, by reputable members of its profession practicing in the same or similar locality. No other warranty, expressed or implied, is made or intended by the firm by virtue of the undertakings or of its performance of the service hereunder. Absent bad faith in the performance of the work hereunder, the firm shall not be liable for any damages resulting from misfeasance in the performance of any work with regard to the project. No person other than you shall have the right to rely on the expertise of the firm or the performance of the matters set forth herein. Permit Fees; Application Fees; outside Consultant Fees The service fees set forth herein do not include the payment of governmental agency submittal fees, review fees or permit fees, or any other charges assessed by said agencies. Further, the service fees do not include the cost of services provided by others. These fees shall be paid for by City. Should our firm find it absolutely necessary to advance fees for City, said fees shall be reimbursed along with a service and handling fee upon receipt of the invoice for same. Fee Proposal Our proposed fee is for basic landscape architectural and engineering services is Ninety-nine Thousand Seven -Hundred and Seventy -Six Dollars and 00/100 as described below and payable monthly in proportion to the services performed. A. Landscape Architecture & Project Management (O'Leary Richards Design Associates, Inc.) 12esign_Qevelopm.ent 73.,UQ 00 Construction Documentation $ 27,647.00 Permitting & Bidding $ 3,600.00 Construction Administration $ 10,430.00 Project Management 3,979.00 $ 69,276.00 B. Civil & Electrical Engineering $ 30,500.00 (Ross Engineering, Inc.) Total Fee $ 99,776.00 4 Direct Charges Unless otherwise specified, the above service fees do not include direct charges such as, but not limited to, reproductions, color Xerox, Postage, Federal Express, photographic services, etc. These charges shall be invoiced at our cost plus 20% handling fee. ORDA requires each Sub-Consultant to carry their own professional liability and does not include liability coverage for those Sub-Consultants under O'Leary Richards Design, Inc. A list of these consultants with fee proposals has been included as Attachment 1. Other reimbursable expenses related to this project, such as but not limited to renderings, animations, special engineering studies, reports, or special testing require City approval prior to incurring expense. These expenses will be invoiced at the actual invoice cost. This proposal is based on several assumptions regarding project size, budget, schedule and the requested scope of work. Should the scope of work or schedule change we will provide additional services as agreed to in writing by both parties. Invoicing and Payment Work will be invoiced at the end of each month based on a proration of work completed to date, with payment expected upon receipt of the invoice by the City. City shall notify firm within ten (10) days of receipt of invoice should invoice be found to be unacceptable. Any invoice for which firm is not so notified shall be deemed to be acceptable for purposes of payment by City. We appreciate the opportunity to continue to provide professional services to the City of Sunny Isles Beach and look forward to working with you on this project. If you have any questions regarding the above, please feel free to contact me. Sincerely, Kathryn O'Leary Richards, PLA, ASLA President Attachment "C" Scrutinized Companies Affidavit SUNNY fSCF CONTRACTOR ANTI -BOYCOTT CERTIFICATION [PURSUANT TO FLORIDA STATUTE § 287.1351 I, �.� nWea of 1� P&rinVtName Com ny Name t certifies that(_ C"LJ)�' does not: ompany Nan`te 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 S. Has not engaged in business operations in Cuba or Syria. M Date