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.
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> ATTEST:
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'. .~Ichard Brown~Morilla, City Clerk
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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.
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Bermello-Ajamil&Partners, Inc.,
By:
Willy J. Bermello, President
APPROVAL BY CITY ATTORNEY AS TO FORM:
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, 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
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$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
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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.
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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.
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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