HomeMy WebLinkAboutReso 2000-201
RESOLUTION NO. 2000-2Ql
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, BASED ON RESOLUTION
NO. 2000-194, APPROVING A CONTRACT, ATTACHED
HERETO AS EXHIBIT "A", BY AND BETWEEN THE CITY OF
SUNNY ISLES BEACH AND BERMELLO, AJAMIL &
PARTNERS, INC., FOR PHASE ONE STREETSCAPE MASTER
PLAN PREPARATION; AUTHORIZING THE CITY MANAGER
TO EXECUTE SAID CONTRACT AND DO ALL THINGS
NECESSARY TO EFFECTUATE THE AGREEMENT;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on February 10, 2000, the City Commission by Resolution No. 2000-194,
authorized the selection of Bermello, Ajamil & Partners, Inc., for Phase I Streetscape Master Plan
preparation, utilizing their professional engineering, landscaping and architectural services and
authorizing City staff to negotiate a contract for Commission approval; and
WHEREAS, such contract was so negotiated and is attached to this Resolution as Exhibit
"A";
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
1. Approval of Contract. The contract by and between the City of Sunny Isles Beach and
Bermello, Ajamil & Partners, Inc., attached hereto as Exhibit "A," be, and the same, is hereby
approved.
2. Authorization of City Manager. The City Manager is hereby authorized to execute said
contract and do all things necessary to effectuate the agreement to commence Streetscape
Master Plan.
3. Effective Date. This Resolution shall be come effective upon passage.
PASSED AND ADOPTED this 24'" day of Feb7 ~ ~
David Samson, Mayor"'
ATTEST:
~~~~
Richard Brown- Morilla, City Clerk
Approval of Contract - Bermello, Ajamil & Partners, Inc. 1
LMD:ch
2117100 8:59 AM
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
VOTE:
5-0
Mayor Samson
Vice Mayor Morrow
Commissioner Iglesias
Commissioner Kauffman
Commissioner Turetsky
v
V
V
~/
(Yes)
(Yes)
(Yes)
(Yes)
(Yes)
Approval of Contract - Bermello, Ajamil & Partners, Inc. 2
LMD:ch
2/17/00 8:59 AM
Moved by: ~~~\~ ~
Seconded by: ~~ ,,~
(No)
(No)
(No)
(No)
(No)
CONSULTING AGREEMENT
THIS Consulting Agreement (hereinafter referred to as the "Agreement") is made in
duplicate, this 24th day of February, 2000, by and between the City of Sunny Isles Beach,
Florida, (hereinafter referred to as the "City"), and Bermello-Ajamil & Partners, Inc., a
Florida corporation (hereinafter referred to as the "Consultant").
RECITALS
WHEREAS, Bermello-Ajamil & Partners, Inc., (the "Consultant") is primarily in the
business of architectural and engineering services; and
WHEREAS, the Consultant has represented it has substantial experience in preparation
of Streetscape Master Plans; and
WHEREAS, Consultant desires to enter into an agreement with the City (the "City") in
accordance with Resolution No. 2000-194;
NOW THEREFORE, in consideration of the foregoing and for the mutual covenants,
representations and warranties and other good and valuable consideration, the receipt and
adequacy of which is hereby acknowledged, the parties agree as follows:
1. RECITALS. The Recitals set forth above are hereby incorporated into this agreement and
made a part hereof for reference.
2. CONSULTING SERVICES. Consultant shall provide to the City, consulting services and
advice in connection with the preparation of a Streetscape Master Plan for Sunny Isles Beach
as more particularly described in Attachment "A" attached hereto and made a part hereof.
3. TERM. Subject to the provisions relating to the termination of this Agreement as set forth in
Paragraph 8 hereunder, the term of this Agreement shall be for a period beginning on the
10th day of February, 2000 and extending until and through the 18th day of May, 2000 and
as may be extended, as agreed, in writing by the parties hereto, in order to complete.
4. COMPENSATION. As the entire compensation to the Consultant for its services to the City
under and during the term of this Agreement, in whatever capacity rendered, the City shall
pay to the Consultant the sum of $86,224.00. Payment of said compensation shall be made
pursuant to the "Fee for Services" as set forth on "Attachment A" which is attached hereto
and incorporated herein by reference.
5. INDEPENDENT CONTRACTOR RELATIONSHIP 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
Bcrmello-Ajamil Consulting Agreement
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.
6 OWNERSHIP OF DOCUMENTS AND EQUIPMENT. 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.
7. INDEMNIFICATION. Consultant agrees to indemnify and hold harmless, the City, its
officers, agents, employees from, and against any and all claims, actions, liabilities, losses and
expenses including, but not limited to, attorney's fees for personal, economic or bodily injury,
wrongful death, loss of or damage to property, at law or in equity, which may arise or may be
alleged to have risen from the negligent acts, errors, omissions or other wrongful conduct of the
Consultant, agents or other personal entity acting under Consultant's control in connection with
the Consultant's performance of services pursuant to that agreement and to that extent the
Consultant shall pay such claims and losses and shall pay all such costs and judgments which
may issue from any lawsuit arising from such claims and losses and shall pay all costs and
attorneys' fees expended by the City in defense of such claims and losses including appeals. The
parties agree that ten percent (10%) of the total compensation is a specific consideration from the
City to the Consultant for this indemnity.
8. TERMINATION.
A. If, through any cause within the 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 remains uncured after ten (10) days the City may
terminate this agreement
(i.) In the event of termination, all finished and unfinished documents, data and
other work product prepared by Consultant (and sub consultant(s)) shall be
delivered to the City and the City shall compensate the Consultant for all
services satisfactorily performed prior to the date of termination, as
provided in Paragraph 4 herein.
(iL) Notwithstanding the foregoing, the Consultant shall not be relieved of
liability to the City for damages sustained by it by virtue of a breach of the
agreement by Consultant and the City may reasonably withhold payments
2
Bcnnello-Ajamil Consulting Agreement
to Consultant for the purposes of set-off until such time as the exact
amount of damages due the City from the Consultant is determined.
B. TERMINA nON FOR CONVENIENCE OF CITY. The City may, for its convenience
and without cause terminate the services then remaining to be performed at any time by given
written notice which shall become effective seven (7) days following receipt by Consultant. The
terms of Paragraphs A(i) and (ii) shall be applicable hereunder.
C. 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
involuntary bankruptcy or makes any assignment for the benefit of creditors.
9. ASSIGNMENTS. TRANSFERS. SUBCONTRACTING. The Consultant shall not
subcontract, assign or transfer any work under this agreement with the prior written consent of
the City. Should the Consultant subcontract any services under this agreement, it shall be done
with continued liability for the Consultant. The Consultant shall remain responsible for services,
responsibilities and liabilities of the subcontractor or any person or entity acting under
Consultant.
10. TIME OF COMPLETION. The services to be rendered by the Consultant shall be
commenced upon execution of this contract and shall be completed within the time specified in
this agreement. A reasonable extension of time shall be granted in the event the work of the
Consultant is delayed or prevented by the City or by circumstances beyond the reasonable
control of the Consultant including weather conditions of acts of God which render the
performance of the Consultant's duty impracticable.
11. INSURANCE REQUIREMENTS. Consultant shall maintain workmen's compensation
insurance as required by Florida low and shall furnish a copy of insurance certificate to the City.
Additionally, the Consultant shall also maintain general liability insurance in the amount of ONE
MILLION ($1,000,000.00) DOLLARS and ONE MILLION ($1,000,000.00) DOLLARS per.
incident. A certified copy of the Consultant's (or any sub-consultant's) insurance, naming the
City as an also insured, must be filed with the City Manager prior to commencement. The
insurance must be furnished by insurance companies authorized to do business in the State of
Florida and approved by the City Manager.
12. WAIVER OF RIGHT TO JURY TRIAL. Each of the parties hereto hereby knowingly,
voluntarily and intentionally, waive the right which any may have to a jury trial in respect of any
action, proceeding, litigation or counterclaim based hereon or arising out of, under, on or in
connection with this agreement or any course of conduct, course of dealing, statements (whether
verbal or written) or actions of either of party.
13. ARBITRATION. It is the intention of the parties that whenever possible, if a dispute or
controversy arises hereunder, then, such dispute or controversy shall be settled by arbitration in
accordance with the procedures, rules and regulations of the American Arbitration Association.
The decision rendered by the Arbitrator shall be final and binding upon the parties and judgment
upon the award rendered by the arbitrator may be entered in any court having jurisdiction.
3
Bcnncllo-Ajamil Consulting Agreement
Arbitration shall be held in Miami-Dade County, Florida. All costs of arbitration and attorneys'
fees incurred by the parties shall be paid by the non-prevailing party or, if neither party prevails
on the whole, each party shall be responsible for a portion of the costs of arbitration. And their
respective attorneys' fees as may be determined by the court on confirmation.
14. CONFIDENTIAL INFORMATION. The Consultant shall not, either during the term of
this Agreement or any time for a period of TEN (10) years subsequent to that date upon which
the Consultant shall leave the employment of the City for any reason whatsoever, disclose to any
person or entity, other than in the discharge of the duties of the Consultant under this Agreement,
any information which the City designates in writing as "confidentia1." 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 Consultant in a court of equity for
violating such provisions.
15. NOTICES. All notices and communications hereunder shall be in writing and shall be
deemed given when sent postage prepaid by registered or certified mail, return receipt requested
and, if intended for City, shall be addressed to it, to the attention of the Director of Community
Planning and Development for the City of Sunny Isles Beach, at 17070 Collins Avenue, Suite
250, Sunny Isles Beach, Florida, 33160 and if intended for the Consultant, shall be addressed to
it at 2601 South Bayshore Drive, loth Floor, Miami, Florida 33133.
16. GOVERNING LAW. This Agreement shall be governed by and construed in accordance
with the laws of the State of Florida.
17. AUDIT. The Consultant shall make available to the City or its representative all required
financial records associated with this Agreement for a period of THREE (3) years.
18. NON-DISCRIMINATION. The Consultant agrees to comply with all local and state civil
rights ordinances and with Title VI of the Civil Rights Act of 1984 as amended, Title VIII 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, the Americans with
Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, 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,
marital/familial status, or status with regard to public assistance. The Consultant will take
affirmative action to insure that all employment practices are free from such discrimination.
Such employment practices include but are not limited to the following: hiring, upgrading,
demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of payor
other 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.
4
Bermello-Ajamil Consulting Agreement
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
discrimination against the handicapped in any Federally assisted program.
19. CONFLICT OF INTEREST. The Consultant agrees to adhere to and be governed by the
Miami-Dade 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,
direct or indirectly which 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. No member of, or
delegate to the Congress of the United States shall be admitted to any share or part of this
Agreement or to any benefits arising therefrom.
20. MISCELLANEOUS. The Consultant shall provide the City with a copy of all of its
finished work-product(s), including the finished report, on an IBM-compatible operating system
computer disk(s).
21. ENTIRE AGREEMENT. This Agreement and Attachment "A", which is expressly
incorporated herein by reference, contain the entire agreement of the parties, and may be
amended, waived, changed, modified, extended or rescinded only by a writing signed by the
party against whom any such amendment, waiver, change, modification, extension and/or
rescission is sought.
IN WITNESS HEREOF, the parties hereunto set their hands and seals as of the date
first above written.
Witnesses:
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City of Sunny Isles Beach, Florida
By:
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Bermello-Ajamil & Partners, Inc.,
5
Bermello-Ajamil Consulting Agreement
EXHIBIT "A"
CITY OF SUNNY ISLES BEACH
STREETSCAPEIMPROVEMENTS
SCOPE OF WORK
The City of Sunny Isles Beach wishQS to proceed with an overall Streetsoape Improvement
Plan for the City. The City has also identified as its first area of implementation the
reconfiguratlon of Collins Avenue With additional landscaping and streetscape improvements.
STREETSCAPE MASTER PLAN (14 weeks)
Task I. Data Collection and Inventory (4 weeks)
In this phase we will obtain and review all base survey information data, utilitY information,
traffic analysis reports, existing codes, historic and social context of the City. We will perform
a series of site visits to document all existing conditions with regard to streets, sidewalks,
lighting, vegetation. site furniture. problem areas, and special features for all streets within the.
City. In this phase we will participate in the initial town hall meeting to obtain input from
citizens as well as the Planning Advisory Board (PAS), and City staff.
We will also hold meetings with FDOT and other Qffected agencies and utility companies
regarding the anticipated improvements to Collins Avenue. The purpose of these meetings is
to establish an early relationship with the agencies and .receiva their input and comments, in
relation to the design parameters and the plan review pr~cess.
Deliverables will be a general base map of the City with photographs and notes depicting the
existing conditions and site data information obtained in this phasB. This plan will be used 8S
a reference through out the project end as e display to initiate input during the initial public
involvement meeting.
Task 2. Site Analysis. (3 weeks)
We will provide an overall analysis plan that indicates all constraints and opportunities that will
shape the development of the streetscape master plan. This analysis information will include
information on existing vegetation, pedestrian and vehicular circulation, land U:!las, iJrchitecture,
drainage, utilitie5, site furniture, lighting, signagel and the urban design structure regarding
nodes, intersections, and street typologies. We will meet with City staff to start identifying
funding sources and to establish a preliminary budget for the identified areas of improvement.
Oeliverables in the analysis phase will be a general plan that combines the major aspects of
the specific analyses and the effect they will have on the final streetscape master plan for the
City.
-1-
Deliverables in the analysis phase will be a general plan that combines the major aspects of
the specific analyses and the effect they will have on the final streetscape master plan for the
City.
Task 3. Master Plan, Streetscape Guidelines, and Schematic Plan for Collins Avenue
(7 weeks)
In this phase a preliminary master plan will be developed for presentation to the City and the
public that will incorporate solutions to the analysis observations and community wide goals.
In this phase we will also provide 8-10 typical sections for major streets within the City. The
master plan will include location of entrance portals, main vehicular and pedestrian nodes,
utility improvements. public spaces and plazas, development of view corridors, parking issues,
pedestrian sidewalk widths, green strip widths, roadway, widths, median widths, and
crosswalk locations. The typical sections will include sidewalk widths, green strips, roadway
widths, median widths, general location of vegetation, lighting and street furniture. This
preliminary master plan and the analysis information will be presented in meeting with the
Planning Advisory Board and City staff so that the final configurations can be determined.
Based on the comments provided by the PAS and the City, the master plan will be finalized.
This phase will also include the preparation of the streetscape guidelines. The streetscape
guidelines will include existing site images and 8-' 0 eXisting and proposed site sections.
Paving, street furniture, lighting, plant material selections for 8-10 typical street conditions
within the City will accompany the sections. Both the master plan and streetscape guidelines
will serve as the basis to move into detailed design development and construction drawings
for each street based on the priority established by the City. Since the City has already
identified the improvements to Collins Avenue as one of .their top priorities, emphasis will be
placed on providing a schematic plan for Collins Avenue. It is anticipated that a traffic study
will be required by the reviewing agencies to insure that the proposed modifications do not
cause a traffic congestion problem in the City. The final master plan and streetscape
guidelines will be presented to the Planning Advisory Board and City staff in a public meeting
as well as in a final town hall meeting.
Deliverables in this phase will be a preliminary master plan and 8-10 typical sections that will
be presented in the first public meeting in this phase. Based on that approved plan the mastsr
plan will be finalized. The strestscape guidelines will be presented in 11 x 17 booklet format
with black and white images, an order of magnitude cost estimate and phasing plan. The final
master plan, and streetscape guidelines will be presented in the last public meeting, together
with the schematic design for Collins Avenue.
Community Involvement
Community support will be vital to the success of the master plan and the eventual
implementation of the projects. We will work closely with the City staff and with the PAB as
the lead community group through the duration of the preparation of the master plan. This
group as per the information provided by the City is a broad based including residents as well
as business owners and representatives from the development sector. We envision that there
should be three meetings planned with the PA8 which will include the following:
-2-
Task 1/Meeting:
Typically this is a kick off meeting for the project. At this point the scope
of the work that the City is undertaking is presented in order to clarify
and inform the community about the goals, the scope and the specific
tasks that the master plan will include. It is necessary to indicate at this
time what the final product expected will be.
Task 2/Meetlng:
At this meeting the findings of problems and opportunities will be
presented in the analysis plan. The solution in the form of the
preliminary master plan will be presented for comments and input.
Task 3/Meeting:
At this meeting the final master plan, streetscape guidelines and
schematic plan for Collins Avenue will be reviewed for final approval
prior to last town hall meeting.
It is recommended that at the start of the project and in the final presentation that a town hall
meeting take place in order to address the community in general. It is envisioned that the City
will provide the advertisement for these meetings and we will assist in the preparation of all
exhibits, presentations and agendas for all meetings. We understand that the PAS meetings
are regularly scheduled meetings and for those that will include presentations on the master
plan, the general community and any interested party will be invited.
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Fernando Alonso
Bermelfo. Ajamil & Partners
2601 South Bayshore Drive, 10th Floor
Miami, Florida 33133
7 February 2000
Reply to: Miami
Greetings:
Re: City of Sunny Isles Beach
Miami-Dade County
WSM: M-256
Weidener Surveying & Mapping, P.A. (WSM) is pleased to provide this project overview
and budget for the "Streetscape" project referenced above. We understand that the immediate need
is planning. This letter is not a proposal.
WSM believes that overall mapping of the City of Sunny Isles Beach is the fIISt priority. We
suggest that aerial photography is the most economical Way to accomplish this need. We recommend
that a new flight be Wldertaken and the photography be rectified and delivered in 1 "=1 00' scale raster
images so you can process same in your computer. This will require minimal ground control.
Please note that you may need software to utilize the raster images. The project will allow
for planning only - future surveys of more detail will be .r~quired for the actual design and
construction of improvements. .
We believe that a budget of $8,000 - $10,000 will be needed to provide the raster imaging.
The final product may have other uses to city officials.:
Please feel free to contact me should you have any questions. We are looking forward to
working with you on this project.
Very truly yours)
\VEIDENER SURVEYING & MAPPING, P.A.
(\
0\~~
James P. Weidener, PLS
Vice President
Tampa
5019 W. L4un:1 Street
Tampa, Fl 33607
Tel: (813) 282-8291
FaJe; (813) 282-8296
/l\Iami
10418 N.W. 31 Terr.
Miami, Ft. 331 72
Tel: (305) 599-6381
Fax: (305) 599-2797
Orlando
2992 EdSewater Dr. :
Orlando, Ft. 32804 :
Tel: (407) 426-8339 .
Fax: (407) 426-83-49 ;
Jacksonville:
-45.ro Southside Blvd., Ste. 702
JadcsonYi/le, Fl32216
Tel: C9Q.4) 998-0111 mlami06:M-256B.t.A.lct
Fa;(: C9<J.4.) 998-0333
pcnsKoI.
744 Eo Bursess Rd., see. (-102
Pensaco/a, Fl 32504
Tel: (850) 484-5511
Fax: (850) 477-8422