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HomeMy WebLinkAboutReso 2000-256 RESOLUTION NO. 2000-2..5" A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AUTHORIZING ADDENDUM #1 TO THE PROFESSIONAL SERVICES AGREEMENT WITH BERMELLO, AJAMIL PARTNERS, INC., FOR SURVEYING OF COLLINS AVENUE PHASE I STREETS CAPE MASTER PLAN PREPARATION; APPROVING THE ADDENDUM TO THE CONTRACT WITH BERMELLO, AJAMIL PARTNERS, INC. AND THE SCOPE OF SERVICES INCLUDED AS ATTACHEMENT "A"; AUTHORIZING THE CITY MANAGER TO EXECUTE AND EFFECTUATE SAID CONTRACT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on February 24,2000, by Resolution No. 2000-201, the City Commission authorized the engagement of and and execution of a professional services agreement with Bermello, Ajamil and Partners, Inc. for Phase I Streetscape Master Plan preparation including schematic plans for Collins A venue utilizing their professional engineering, landscaping and architectural services; and WHEREAS, an addendum to said agreement is necessary in order to implement improvements for Collins A venue, the first step of which is to prepare a survey to Florida Department of Transportation standard for this roadway; and WHEREAS, it is necessary to fast-track the process for Collins Avenue as FDOT is anxious to initiate improvements for safety purposes along said state road; and WHEREAS, a scope of services for the survey related work has been prepared as part of to Addendum #1 which has been accepted by the consultant, attached hereto as Exhibit "A" for the City's approval and the City wishes to enter into this contract; NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: 1. Approval of Addendum. The addendum with Bermello, Ajamil & Partners, Inc. for surveying of Collins Avenue is attached as Exhibit "A", be and the same is hereby approved. 2. City Manager Authorized to Execute. The acting City Manager is hereby authorized to execute the contract authorizing the study in accordance with the proposed terms and conditions contained in Exhibit "A". 3. Effective Date. This Resolution is effective upon passage. PASSED AND ADOPTED this 20th day of July, 2000. r ; ~~~ J : '>' .. ') " (. l.. . ~, . . ~. I', , ,. (' '..) '9,"::' ~ .~, ..,,~., / > ATTEST: . 4 \ I' ". ~ : ~;: I" J ., ': ":~~~~~ '. .~Ichard Brown~Morilla, City Clerk . :-t ~.,,' . I APPROVED AS TO FORM AND LEGAL SUFFICIENCY Vote: 4-0-\ Moved by: COl'Y\r'r\ \ <;;.S: \ ONln. ~AUFFmA;N Seconded bY:~ rf\o~V<ouJ Mayor Samson Vice Mayor Morrow Commissioner Iglesias Commissioner Kauffman Commissioner Turetsky -L(Y es) ~es) ~(Yes) --'1L:(Y es) l\\?5er"\1- V _(Yes) _(No) _(No) _(No) _(No) _(No) Bennello Ajamil Addendum # I .. ADDENDUM # 1 CONSULTING AGREEMENT THIS Consulting Agreement (hereinafter referred to as "Addendum # 1 >t) is made in duplicate, this 20th day of July, 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 III 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 Addendum #1 with the City (the "City") in accordance with Resolution No. 2000- . NOW THEREFORE, in considera~ion 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 Addendum # 1 and made a part hereof for reference. 2. CONSUL TINO 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 Addendum #1 as set forth in Paragraph 8 hereunder, the term of this Addendum #1 shall be for a period beginning on the 20th day of July, 2000 and extending until and through the 20th day of November, 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 Addendum # 1, in whatever capacity rendered, the City shall pay to the Consultant the sum of $65,650.00. 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 Addendum # 1 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 Addendum # 1. 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 taxes and that such obligations .' shall be that of the Consultant, other than those set forth in this Addendum #1. Consultant shall furnish its own transportation, office and other supplies as it determines necessary in carrying out its duties under this Addendum # 1. 6. OWNERSHIP OF DOCUMENTS AND EOUIPMENT. All documents prepared by the Consultant pursuant to this Addendum # 1 and related services to this Addendum # 1 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 Addendum # 1 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 Addendum # 1, 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 Addendum #1 and grant Consultant ten (10) days to cure such default. If the default remains uncured after ten (10) days the City may terminate this Addendum #1 (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. (ii.) 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 Addendum # 1 by Consultant and the City may reasonably withhold payments 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. TERMINATION 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 Addendum # 1 with the prior written consent of the City. Should the Consultant subcontract any services under this Addendum # 1, 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 Addendum # 1. 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 REOUIREMENTS. Consultant shall maintain workmen's compensation insurance as required by Florida law 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 Addendum #1 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. 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 Addendum # 1 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 Addendum # I, any information 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 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, 10th Floor, Miami, Florida 33133. 16. GOVERNING LAW. This Addendum #1 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 Addendum #1 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 ensure 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. 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 Addendum # 1 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 Addendum #1, 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 Addendum # 1 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 Addendum #1 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 in writing only signed by the party against whom any such amendment, waiver, change, modification, extension and/or , res~ission is sought. IN WITNESS HEREOF, the parties hereunto set their hands and seals as of the date first above Written. , , ~;. ~~~ ~\AfA. Bermello-Ajamil&Partners, Inc., By: Willy J. Bermello, President APPROVAL BY CITY ATTORNEY AS TO FORM: ~~ , A TT ACHMENT"A" t t ~ ..,,,.,,,.., . .."......, . H""" . .....". .."" . ......... ..""...... lEft MEua-uulll , PllRTKERS-lIe July 13, 2000 Ms. Marla Sherman Dumas community Planning and Development Director City of Sunny Isles Beach 17010 Collins Avenue Suite 250 Sunny Isles, Florida 33160 " RE: surveying and Mapping Comns Avenue/AlA Dear Marla: As per your request we are prlllliding you with a proposal for additional serviceS to our Streetscape Master Plan contract for the sUMlying and mapping of CoUlns AvenuelA1A from the southern boundary to the northern boUndary of the City of Sunny Isles Beach. We haVe obtained a proposal from Weidener surveying and Mapping, PA dated July 10. 2000 for this task. A COJ1t of the Weidener proposal with the specifiCS of the SUlVey Is Included as AllachmenlA to this proposal from Bermello, Ajamil & Partners, Inc. (B&A). We are proposing the following leeS for this additional services order: Surveying and Mapping of Collins AvenueJA1A Prepared by We\dener, Surveying and Mapping. P.". B&A Liability Fee 10% 8&A Contract Management B&A Engineering RevieW $55,864.00 5,586.00 2.100.00 2.100.00 " - $65,650.00 Total Fee Please let me knOW if you have any questions regarding this proposal. We look forward to working with the City of sunny Isles Beach on this additional task. ~ Elizabet Director wland Landscape Architecture "" "urH ........ 'R'" . "'" H'" . ...... H ",,, · '" ." ,... · fA' ... "' "" EN/cm Enclosure M IFS2\EnZ8b9lh\Sunny 151e~\WCII1<Ofd8r011300 "'pel ..,,'""'u.. C.MM'Il~ 10 July 2000 Reply to: Miami Marla Sherman Dumas, Director Community Planning & Development City of Sunny Isles Beach 17070 Collins Avenue, Suite 250 Sunny Isles Beach, Florida 33160 Re: Collins Avenue (SR-AIA) City of Sunny Isles Beach Miami-Dade County WSM No: M-272 Greetings: Weidener Surveying & Mapping, P .A. (WSM) is pleased to provide this proposal for professional surveying and mapping services for SR-AIA (Collins Avenue) from Haulover Beach Park to Golden Beach _ about 2.5 miles. We understand that the City of Sunny Isles Beach is planning a "streetscape" project. As Collins Avenue is a state road, FDOT standards for the surveying will apply. WSM is already involved in this project under a subcontract to Bermello, Ajamil & Partners. You may remember that we previously established ground control and provided raster image mapping of the city. Please also note that WSM has extensive experience with FDOT statewide, having completed scores of projects directly for FDOT or for engineers working for FDOT. Currently, WSM has two open end surveying and mapping contracts with FDOT, District 6, whose headquarters is located 2 miles from our office. Weare completely familiar with all FDOT standards. Miami 10418 N.W. 31 Terr. Miami, Fl33112 Tel: (305) 599-6381 Fax: (305) 599-2791 Jacksonville 4540 Southside Blvd., Ste. 102 Jacksonville, Fl32216 Tel: (904) 998-0111 Fax: (904) 998-0333 Tampa 5019 W. laurel Street Tampa, FL 33601 Tel: (813) 282-8291 Fax: (813) 282-8296 Orlando 2992 EcJgewater Dr. Orlando, FL 32804 Tel: (401) 426-8339 Fax: (401) 426-8349 Pensacola 144 E. Burgess Rd., Ste. (-102 Pensacola, FL 32504 Tel: (850) 484-5511 Fax: (850) 471-8422 Finally, WSM is a surveying and mapping firm exclusively. We employ over 60 surveyors. The Miami office staff numbers 20, including 3 professionals and 4 field survey parties - a size that should inspire confidence that we can pI'9vide the necessary services within a reasonable schedule. WSM is proposing to provide a design survey. This survey will delimit the right of way of Collins Avenue to mapping accuracy only. We are not proposing a boundary survey. Ifthis is not sufficient to your intentions ( if the city is anticipating the purchase of right of way, for example) please advise so we may consult with you further. The scope of services for the design survey is proposed as follows: 1 ) Primary Control- Establish horizontal and vertical control. Horizontal datum will be the Florida State Plane Coordinate System, East Zone, NAD 83/90 (we already have this datum established for the previous mapping) and vertical datum will be the National Geodetic Vertical Datum of 1929. Control stations will be set at approximately 660 feet interval in locations chosen for safety. About 21 stations will be necessary. The stations will be referenced for future recovery. This survey will include both conventional and GPS techniques. 2) Establishment of Baseline - Utilizing the best available evidence, depict the FDOT survey baseline and right of way lines from record documents. The actual survey baseline will not be staked in the field but will be referenced to the primary control by coordinate values. 3) Topography - Utilizing electronic total stations and Electronic Field Book (EFB) data collectors, map all surface features. The mapping will be provided in plan and in the form of a Digital Terrain Model (DTM), both delivered electronically. 4) Utilities - All surface (visable) evidence of utilities will be located. WSM will request a "mark out" but this is not always provided. If marked, we will locate the marks and connect same. Regardless, WSM is not responsible for utilities we can not see. All utilities may not be shown. We strongly suggest that the engineer take responsibility for this phase of the work and satisfy themselves as to all utility matters. Additionally, OSHA prohibits our entry into "confined spaces" such as manholes and inlets, thus our measurements at these locations must be made from the outside and may not be to normal surveying tolerances. WSM has attached a full estimate of surveying services for the project proposed above. The total fee of $55,864.00 represents a lump sum. We are willing to discuss alternate forms of contracting. Weidener Surveying & Mapping P.A. Regarding schedule, the project will require 90-120 calendar days to complete. F or budgetary reasons, you may wish to set aside some additional funding to address specific concerns that will not become evident until design is underway. Such services are invaluable to the engineer and are normally compensated hourly, upon request. It is our desire to meet your exact need. To the extent that we have not done so we would be pleased to provide a revision to this proposal. Feel free to call should you have any questions or comments. We are looking forward to being of continuing service to the City of Sunny Isles Beach. Very truly yours, WEIDENER SURVEYING & MAPPING, P.A. "'-";j I ,--'", , /- / \'\ - __:-c, _ ~~/ ------- -'~ James P. Weidener, PLS Vice President miami 1 O:M-272_ ShennanDumas.pro Weidener Surveying & Mapping P.A. Weidener Surveying & Mapping, P.A. 10418 NW 31 Terrace Miami, Florida 33172 305/599-6381 305/599-2797 fax Collins Avenue (SR-AIA) City of Sunny Isles Beach Survey Estimate Estimate MH Rate Title $ 98.00 $ 87.50 $ 68.00 $ 56.00 $ 49.50 $112.00 $134.00 Sub Total Direct Expenses GPS Prints/Media Grand Total Professional Land Surveyor (Manager) Professional Land Surveyor Technician (Senior) Technician CADD Operator 3 Person Field Party 4 Person Field Party 10 Hrs. 20 Hrs. 32 Hrs. 60 Hrs. 100 Hrs. 56 Hrs. 264 Hrs. r. (,t .. r ~ ~. !l' I> It ~ f. ~. , Amount $ 980.00 $ 1,750.00 $ 2,176.00 $ 3,360.00 $ 4,950.00 $ 6,272.00 ~35.376.00 $54,864.00 $ 750.00 ~ 250.00 $55,864.00 miami 1 O:M-272_ CityofSunnylsles.Est