HomeMy WebLinkAboutReso 2001-354
RESOLUTION NO. 2001- 354
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, APPROVING AGREEMENTS
BETWEEN THE CITY OF SUNNY ISLES BEACH AND O'LEARY
DESIGN ASSOCIATES, P.A., FOR LANDSCAPE ARCHITECTURAL
DESIGN AND GRANT APPLICATION SERVICES FOR THREE
RETENTION AREAS ON SUNNY ISLES BOULEVARD; AND
MAINTENANCE BID SPECIFICATIONS SERVICES FOR MEDIANS
AND RIGHTS-OF-WAY, IN AN AMOUNT NOT TO EXCEED $30,870.00,
PLUS REIMBURSABLE EXPENSES, ATTACHED HERETO AS
EXHIBIT "A" WITH ATTACHMENTS "A" AND "B"; PROVIDING THE
CITY MANAGER THE AUTHORITY TO DO ALL THINGS
NECESSARY TO EFFECTUATE THE AGREEMENT; PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City of Sunny Isles Beach is in need of landscape architectural services
for various landscape projects; and
WHEREAS, the City noticed Request for Qualifications No. 01-05-01 for qualified
Landscape Architectural Firm(s), which were opened on May 31, 2001, three firms responded
and presented their proposals to a Selection Committee on June 11,2001; and
WHEREAS, the Selection Committee heard the presentations, reviewed materials
submitted and then, ranked the three respondents as follows: 1) O'Leary Design Associates, P.A.;
2) Miller Legg & Associates, Inc.; and 3) Bermello, Ajamil & Partners, Inc., and the City
Commission approved the ranking on June 21,2001; and
WHEREAS, the City wishes to enter into agreements, attached hereto as Exhibit "A"
with Attachments "A" and "B", with O'Leary Design Associates, P.A., in a total amount not to
exceed $30,870.00, plus reimbursable expenses, to perform landscape architectural design and
grant application services for three retention areas on Sunny Isles Boulevard; and to develop
maintenance bid specifications for medians and rights-of-way.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Approval of Agreements. The agreements, attached hereto as Exhibit "A" with
Attachments "A" and "B", between the City of Sunny Isles Beach and O'Leary Design
Associates, P.A., is hereby approved.
Section 2. Authorization of City Manager. The City Manager is hereby authorized to enter
into agreements with O'Leary Design Associates, P.A. for the provision of landscape
architectural design and grant application services for three retention areas on Sunny Isles
Boulevard; and to develop maintenance bid specifications for medians and rights-of-way, in an
amount not to exceed $30,870.00, plus reimbursable expenses, attached hereto as Exhibit "A"
with Attachments "A" and "B", and do all things necessary to effectuate the agreement.
R2001- Agmts with O'Leary Design Assoc. P.A.
1
Section 3.
Effective Date. This Resolution will become effective upon adoption.
PASSED AND ADOPTED this 31 st day of July, 2001.
ATTEST:
~~~~U~
Richard Brown-Morilla, City Clerk
Approved As to Form and
Legal Su lciency:
Vote: 4- -0-1
Mayor Samson
Vice Mayor Kauffman
Commissioner Iglesias
Commissioner Morrow
Commissioner Turetsky
Moved by:
Cbnm7ssCOv\er bJ~A)
Seconded by: (1AJYY\m.{~<;.rlJ'(\e,.r- -4-lesra.o
-.L(Yes)
_(Yes)
~(Yes)
~(Yes)
V (Yes)
R2001- Agmts with O'Leary Design Assoc. P.A.
_(No)
_(No)
_(NO)
_(NO)
_(No)
Absent
2
EXHIBIT "A"
r.---....
CITY OF SUNNY ISLES BEACH
LANDSCAPE ARCHITECTURAL SERVICES
CONSULTANT AGREEMENT
THIS AGREEMENT, entered into this f day of -A \/c:; (/S;j 2001, by and
between the CITY OF SUNNY ISLES BEACH (heremafter referred as to the "CIty") and
O'LEARY DESIGN ASSOCIATES, P.A. (hereinafter referred to as the "Consultant").
RECIT ALS
WHEREAS, the City is in need of certain consultant services; and
WHEREAS, the Consultant represents that it has expertise in various landscape
architectural services including, but not limited to, grant writing and preparation of maintenance
bid specifications;
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
advice in connection with the services as more particularly described in Attachments "A" and
"B" 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 begin upon the execution of this
agreement and shall end upon the completion of services described in Attachments "A" and "B", ','-"
and may be extended as necessary, in ~~;g bf:~ ~:i~A;;(p;, pEftt ~ ~ ( /J ii' A
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 g .1"(),
pay to the Consultant the sum of THIRTY THOUSAND EIGHT HUNDRED SEVENTY
DOLLARS ($30,870.00). Payment to Consultant for all charges under this Agreement shall be
in accordance with this Agreement and a schedule of charges reflected in Exhibit "A".
Consultant shall submit invoices on a monthly basis within ten (10) days following the end of
each calendar month. The Consultant shall make no other charges to the City for supplies, labor,
taxes, licenses, permits, overhead or any other expenses or costs unless any such expense or cost
is incurred by Consultant with the prior written approval of the City. If the City disputes any
charges on the invoices, it may make payment of the uncontested amounts and withhold payment
on the contested amounts until they are resolved by agreement with Consultant.
./
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Landscape $vcs - O'leary Design
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 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 including wrongful termination
or allegations of discrimination or harassment, 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.
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Landscape Svcs - 01eary Design
(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 agreement 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 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. WANER 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.
12. 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.
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Landscape Svcs - O'leary Design
13. 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 "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.
14. 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 one to Christopher J. Russo, City Manager and one to Lynn M.
Dannheisser, City Attorney, at City of Sunny Isles Beach, 17070 Collins Avenue, Suite 250,
Sunny Isles Beach, Florida 33160, and if intended for the Consultant, shall be addressed to
William O'Leary, O'Leary Design Associates, P.A., 8525 S. w: 9J:'d Street, Suite Cll, Miami,
Florida 33156, (305) 596-6096 phone and (305) 270-0965 fax.
15. GOVERNING LAW. This Agreement shall be governed by and construed in accordance
with the laws of the State of Florida.
16. 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.
17. NON-DISCRlMINA nON. 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 vm 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.
The Consultant agrees to comply with any Federal regulations issued pursuant to compliance
with Section 504 of the Rehabilitation Act of 1973 (29 D.S.C. 708), which prohibits
discrimination against the handicapped in any Federally assisted program.
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Landscape Svcs . O'leary Design
18. 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.
19. CONFLICTING PROVISIONS. The terms and conditions in this agreement supercede
any other conflicting provisions that are contained in any other document.
20. ENTIRE AGREEMENT. This Agreement and Attachments "A" and "B", 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 WHEREOF, the parties
duplicate on the day and year first written above.
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hereto have executed this Agreement In
O'LEARY fiSIGNA~ES:
BY:tJJ~{~l CN
William A. O'Le, FASLA
A\te~{ ,
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I
CITY?F JU'NY IS~~SJEACH
By(/'d"V/'/4,c1
Christopher J. Russo, City Manager
FORM AND
City of Sunny Isles Beach
17070 Collins Avenue, Suite 250
Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
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Landscape Svcs - O'leary Design
A TT ACHMENT "A"
WORK AUTHORIZATION NO. 01-249-S
FLORIDA HIGHWAY BEAUTIFICATION GRANT APPLICATION
FOUR RETENTION AREAS ON SUNNY ISLES CAUSEWAY
FOR
SUNNY ISLES BEACH, FLORIDA
SCOPE OF CONSULTING SERVICES
BETIVEEN
THE CITY OF SUNNY ISLES BEACH, FLORIDA
AND
O'LEARY DESIGN ASSOCIATES, PA
JULY 17,2001
.....JI
WORK AUmORIZATION NO. 01-249-S
FLORIDA HIGHWAY BEAUTIFICATION GRANT APPLICATION
FOUR RETENTION AREAS ON SUNNY ISLES CAUSEWAY
FOR
SUNNY ISLES BEACH, FLORIDA
SCOPE OF CONSULTING SERVICES
PREAMBLE
The Consultant proposes to provide professional services associated with the development of
a Florida Highway Beautification Grant Application booklet, to include the following:
I) Landscape Architectural Services
I) The Consultant shall meet with the FDOT and the City of Sunny Isles
Beach to coordinate the Grant Application.
II) Prepare the application booklet to include the following:
· Location Map
· Project Description
· Application Forms
· Cost Estimate
· Renderings
· Photographs
· Landscape Plans/Specifications
· Irrigation Plans
ll) Responsibility of City of Sunny Isles Beach, Florida
.
Provide the Consultant with a base plan survey in electronic
format, of the four (4) areas in question.
,-. ,
O'LEARY DESIGN ASSOCIATES., P.A,
Landscape Architects
WAGE RATE CERTIFICATION
DATE: JULY 17, 2001
PROJECT: NO.:01-249-S
PROJECT: FLORIDA HIGHWAY BEAUTIFICATION GRANT APPLICATION
FOUR RETENTION AREAS ON SUNNY ISLES CAUSEWAY
SUNNY ISLES BEACH, FLORIDA
PROJECT MANAGER: WILLIAM A. O'LEARY
TASK NAME: LANDSCAPE ARCHITECTURAL SERVICES
TASK HOURLY PROPOSAL I
CLASSIFICATION HOURS RATE DOLLARS
1, PROJECT MANAGER 104 105 $ 10.920.00
2, LANDSCAPE ARCHITECT 86 90 $ 7.740.00
TOTAL HOURS
TOTAL DOLLARS $ 18.660.00
REIMBURSABLE EXPENSES
(ESTIMATED COSTS)
PRINTS/GRAPHICSIINCIDENTALS $ 700.00
(TO BE INVOICED AT COST)
A. TOTAL ESTIMATED
REIMBURSABLE EXPENSES
$
700.00
B. TOTAL DIRECT LABOR $ 18.660.00
TOTAL BUDGET S 19,360.00
(A & B)
PREPARED BY WAO 7/17/01
APPROVED BY WAO 7/17/01
.
WORK AUTHORIZATION NO. 01-249-S
FOR
SUNNY ISLES BEACH, FLORIDA
The City of Sunny Isles Beach has requested Work Authorization No. 001-249-5, from
O'Leary Design Associates, P.A, to provide professional services to the City of Sunny
isles Beach.
Our fee for these professional services will be as follows:
Total direct labor expenses
Estimated reimbursable expenses
$18,660.00
$ 700.00
O'LEARY DESIGN ASSOCIATES. P.A.
By: IJ ,4-' (f);}01
WILLIAM A O'LEARY, FASL1
CITY: SUNNY ISLES BEACH
ATTEST:
CITY OF SUNNY ISLES BEACH
THROUGH ITS CITY MANAGER
By:
City Clerk
RICHARD BROWN-MORILLA
By:
City Manager
CHRISTOPHER J RUSSO
Day of
, 2001
r....
A TT AOHMENT "B"
WORK AUTHORIZATION NO. 01-250-S
MAINTENANCE BID SPECIFICATIONS
MEDIANSIRIGHTS-OF-W A Y
FOR
SUNNY ISLES BEACH, FLORIDA
SCOPE OF CONSULTING SERVICES
PREAMBLE
The Consultant proposes to provide professional services associated with the
development of Landscape Maintenance Bid Specifications, to include the following:
A) Inspection of existing conditions, to include evaluation of existing
vegetation.
B) Preparation of site specific Maintenance Bid Documents, to include
General Conditions and Teclmical Specifications, for the following:
1) Landscape
2) Inigation
3) Horticultural Applications
C) Attend pre-bid conference, respond to bidders inquiries, and evaluate
competitive bids,
D) Submit written l'epOlt to City recommending selected maintenance
contractor.
,....,.
O'LEARY DESIGN ASSOCIATES., PA
Landscape Architects
WAGE RATE CERTIFICATION
DATE: JULY 23.2001
PROJECT: NO,: 01-250-5
PROJECT: MEDIANS/RIGHTS-OF-WA Y
MAINTENANCE BID SPECIFICATIONS
SUNNY ISLES BEACH. FLORIDA
PROJECT MANAGER: WILLIAM A, O'LEARY
TASK NAME: LANDSCAPE ARCHITECTURAL SERVICES
TASK HOURLY PROPOSAL
CLASSIFICATION HOURS RATE DOLLARS
1. PROJECT MANAGER 88 105 $ 9,240.00
2. LANDSCAPE ARCHITECT 33 90 $ 2,970.00
TOTAL HOURS
TOTAL DOLLARS $ 12,210.00
REIMBURSABLE EXPENSES
(ESTIMATED COSTS)
PRINTS/GRAPHICS/INCIDENTALS $ 500.00
(TO BE INVOICED AT COST)
A. TOTAL ESTIMATED
REIMBURSABLE EXPENSES
$ 500,00
B. TOTAL DIRECT LABOR
$ 12,210.00
TOTAL BUDGET
(A & B)
$ 12,710.00
PREPARED BY WAO
7/23/01
, APPROVED BY WAO
7/23/01
,.......
WORK AUTHORlZA TION NO. 01-250-8
FOR
SUNNY ISLES BEACH, FLORIDA
The City of Sunny Isles Beach has requested Work Authorization No. 001-250-S, from
O'Leary Design Associates, P,A. to provide professional services to the City of Sunny
Isles Beach.
Our fee for these professional selvices will be as follows:
Total direct labor expenses
Estimated reimbursable expenses
$12,210.00
$ 500.00
O'LEARY DESIGN ASSOCIATES, P.A.
By:
WILLIAM A. O'LEARY, FASLA
CITY: SLTNNY ISLES BEACH
ATTEST:
CITY OF SUNNY ISLES BEACH
THROUGH ITS CITY MANAGER
By:
City Clerk
RICHARD BROWN-MORILLA
By:
City Manager
CHRISTOPHER J. RUSSO
Day of
, 2001