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HomeMy WebLinkAboutReso 2003-568 RESOLUTION NO. 2003- sic, ~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING A CONSULTANT AGREEMENT BY AND BETWEEN THE CITY OF SUNNY ISLES BEACH AND THE FIRM OF O'LEARY DESIGN ASSOCIATES, P.A., FOR LANDSCAPE ARCHITECTURAL CONSULTING SERVICES FOR THE SUNNY ISLES BOULEV ARD/SR 826 TRAFFIC CALMING PROJECT, IN THE AMOUNT OF FIFTY-SIX THOUSAND THREE HUNDRED FIFTY DOLLARS ($56,350.00), ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THE TERMS OF THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sunny Isles Beach is desirous of obtaining landscape architectural services for the Sunny Isles Boulevard/SR 826 Traffic Calming Project; and WHEREAS, staff has determined that O'Leary Design Associates, P.A., is a qualified landscape architectural consulting service qualified to do the desired services; and WHEREAS, O'Leary Design Associates, P.A., has submitted a proposal for the above referenced services, in the amount of Fifty-Six Thousand, Three Hundred Fifty Dollars ($56,350.00), attached hereto as Exhibit "A". NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Approval of Consultant Agreement. The Consultant Agreement by and between the City of Sunny Isles Beach and 0 'Leary Design Associates, P.A. for landscape architectural services, in the amount of Fifty-Six Thousand Three Hundred Fifty Dollars ($56,350.00), attached hereto as Exhibit "A", be, and/the same, is hereby approved. Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute said Agreement. Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate the terms of this resolution. Section 4. Effective Date. This Resolution is effective upon passage. PASSED AND ADOPTED this 17th day of July 2003. R2003- O'Leary Design Assoc., P.A. 1 , ATTEST:! , , ~/~ A.\iL- "JaI')e A. Hines, Acting City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY Vote: ~.-o Mayor Samson Vice Mayor Ede1cup Commissioner Goodman Commissioner Iglesias Commissioner Kauffman R2003- O'Leary Design Assoc., PA ~es) ~(Yes) ~Yes) ~.!,Y es) ~(Yes) Moved by: CnYn~\ ,Sl otV~ t::lt-Y~ C...oW\W\\ ~ \'()tJ~lo ~LK/~ Seconded by: _(No) _(No) _(No) _(No) _(No) 2 CITY OF SUNNY ISLES BEACH LAN.DSCAPE ARCHITECT CONSULTANT AGREEMENT CONTRACT NO. 03-274-05 THI CONSUL TANT AGREEMENT made and entered into this ~ay of 2003, by and between the CITY OF SUNNY ISLES BEACH, FLORIDA, a munici al corporation of the State of Florida, (hereinafter referred as to "City") and O'LEARY DESIGN ASSOCIATES, P.A., a Florida professional association, authorized to do business in the State of Florida, (hereinafter referred to as "Consultant"), whose Federal I.D.# is (;,5 -f) tlf 40 L/-7 . WHEREAS, O'Leary Design Associates, P.A., is a qualified, consulting firm experienced in landscape architectural services; and WHEREAS, the City wishes to employ Consultant to advise and assist with development of Streetscape Improvement Plans for Sunny Isles Bouleyard, as more specifically described in Exhibit "A," attached hereto and made a part hereof; and, WHEREAS, the Consultant is qualified, willing and able to provide the desired services on the terms and conditions set forth herein; NOW THERFORE, in consideration of the premises and the mutual covenants herein named, the parties hereto agree as set forth below: 1. RECITALS. The Recitals set forth above are hereby incorporated into this Agreement and made a part of hereof for reference. 2. SERVICES TO BE PERFORMED. Consultant shall perform the following services: a. Specialized assistance in development of Streetscape Improvement Plans for Sunny Isles Boulevard, in the City of Sunny Isles Beach, as well as those other services more particularly described in Exhibit "A" attached hereto and made a part hereof. b. Consultant will prepare and present oral/written reports as needed or as requested on a periodic basis while engaged in special projects. Consultant shall provide, on a monthly basis, to the City Manager, a detailed narrative report delineating all services provided by the Consultant in the previous month. The Consultant shall also provide quarterly, written reports, detailing all of the Consultant's activities in the previous quarter and the results of the Consultant's efforts. Each report required herein will be submitted to the attention ofthe City Manager. c. The total price for these services is Fifty-Six Thousand Three Hundred Fifty and No/tOO Dollars ($56,350.00), payable: ip monthly 0 as invoiced. 3. TERM. Subject to the provisions relating to the termination of this forth in Paragraph 10 hereunder, the term of this Agreement shall be from ~ 1 O'Leary Landscape Architect Agreement Attorney/ Agreements/ch City of Sunny Isles Beach 17070 Collins Avenue, Suite 250, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax ~ , and shall begin within ten (10) days after notification to proceed. Any e in fee, terms or conditions shall be accomplished by written amendment to this contract. 4. COMPENSATION. Payment to Consultant for all charges and tasks under this Agreement shall be in accordance with this Agreement and the schedule of charges reflected in Exhibit "A", which fee shall be disbursed on a monthly basis and under the following conditions: a. Disbursements. There are no reimbursable expenses associated with this contract. b. Payment Schedule. Invoices received from the Consultant pursuant to this Agreement will be reviewed by the initiating City Department. If services have been rendered in conformity with the Agreement, the invoice will be sent to the Finance Department for payment. Invoices must reference the contract number assigned hereto. Invoices will be paidirr-accordance-with-theStateof'Florida'--H- Prompt Payment Act. c. Availability of Funds. The City's performance and obligation to pay under this Agreement is contingent upon an annual appropriation for its purpose by the City Commission. d. Final Invoice. In order for both parties herein to close their books and records, the Consultant will clearly state "final invoice" on the Consultant's final/last billing to the City. This certifies that all services have been properly performed and all charges and costs have been invoiced to the City. Since this account will thereupon be closed, any and other additional charges, if not properly included on this final invoice are waived by the Consultant. Consultant shall make no other charges to the City for supplies, labor, taxes, licenses, 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. Consultant shall not pledge the City's credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. The Consultant further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this Agreement. 5. UNDISCLOSED CONDITIONS. In the event that undisclosed conditions are discovered during the performance of this Agreement, the City shall have the right to cancel this Agreement upon thirty (30) days written notice to Consultant. Upon termination, the City may re-bid the project if the Consultant fails to perform under this Agreement due to the undisclosed conditions. 6. INDEPENDENT CONSULTANT RELATIONSHIP. The Consultant is an independent Consultant and shall be treated as such for all purposes. Nothing contained in this 2 O'Leary Landscape Architect Agreement Attorney/ Agreements/ch/D3 City of Sunny Isles Beach 17070 Collins Avenue, Suite 250, Sunny Isles Beach, Florida 33160 (305) 947-'0606 phone (305) 949-3113 Fax 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 Consultant other than those obligations which have been or shall have been undertaken by the City, Consultant shall be responsible for any and all of its own expenses in performing its duties as contemplated under this agreement. The City shall not be responsible for any expense incurred by the Consultant. The City shall have no duty to withhold any Federal income taxes or pay Social Security services and that such obligations shall be that of the Consultant, other than those set forth in this agreement. Consultant shall furnish its own transportation, office and other supplies as it determines necessary in carrying out its duties under this agreement. 7. INSURANCE. Consultant shall, at its sole cost and expense, during the period of any work being performed under this Agreement, procure and maintain the following minimum -'-"'~"'--'-'--- insurance. . coverage 'b).-protect-the-City-and€onsultant against alHoss;-c1aims, damage and liabilities caused by Consultant, its agents, sub-Consultants or employees, as indicated below: \Q Comprehensive General liability insurance -- including broad form contractual liability coverage for all operations, including, but not limited to, contractual, products, and completed operations, personal injury and property damage liability _ ...with.Jimits oL. .One...Million. Dollars.($l ,000,000).....combined .... single-limit occurrence. a Workmen's Compensation, with no less than $100,000 for Employer's Liability. Said coverage shall include a waiver of subrogation in favor of the City, its agents, employees and officials. )i4. Errors and Omission -- Consultant shall carry a minimum of $500,000 coverage for errors and omissions. JI( Business Automobile Liability which shall include coverage for all owned, non- owned and hired vehicles for limits of not less than $500,000 per occurrence, Combined Single Limit or its equivalent. Insurance required of the Consultant shall be primary to, and not contribute with, any insurance or self-insurance maintained by the City. Such insurance shall not diminish Consultant's indemnification and obligations hereunder. The insurance policy(ies) shall be issued by companies authorized to do business under the laws of the State of Florida and acceptable to the City. Before any work under this Agreement is performed, and at any time upon request, Consultant shall furnish to the City certificates of insurance evidencing the minimum required coverage and shall be appropriately endorsed for contractual liability, with the City named as additional insured. All policies shall contain a waiver of subrogation endorsement. All policies and certificates shall be in forms and issued by insurance companies acceptable to the City's Risk Management Department. All insurance policies and certificates of insurance shall provide that the policies may not be canceled or altered without thirty (30) days prior written notice to the City. The City 3 O'Leary Landscape Architect Agreement Attorney/ Agreements/ch/03 City of Sunny Isles Beach 17070 Collins A venue, Suite 250, Sunny Isles Beach, Florida 33160 (305) 947~0606 phone (305) 949-3 I 13 Fax reserves the right from time to time to change the insurance coverage and limits of liability required to be maintained by Consultant hereunder. Consultant shall also require and ensure that each of its sub-consultants providing services hereunder (if any) procures and maintains, until the completion of the services, insurance of the types and to the limits specified herein. ANY EXCEPTIONS TO THE INSURANCE REQUIREMENTS IN THIS SECTION MUST BE APPROVED IN WRITING BY THE CITY. 8. OWNERSHIP OF DOCUMENTS AND EOUIPMENT. 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, shaH-be-approved--in-writing-by-theCity;-----------....------------------.---- ........- Consultant shall deliver to the City for approval and acceptance, and before being eligible for fmal payment or any amounts due, all documents and materials prepared by, and for, the City under this Agreement. _________,_ .. .... _ All oraL and written information not in the public domain or not previously known, and all information and data obtained, developed or supplied by the City, or at its expense, will be kept confidential by the Consultant and will not be disclosed to any other party, directly or indirectly, without the City's prior written consent, unless required by a lawful order. All drawings, maps, sketches, programs, data base, reports and other data developed or purchased under this Agreement for, or at the City's expense, shall be and remain the City's property and may be reproduced and reused at the discretion of the City. The City and Consultant shall comply with the provisions of Chapter 119, Florida Statutes (public Records Law). All covenants, agreements, representations and warranties made herein, or otherwise made in writing by any party pursuant hereto, including, but not limited to, any representations made herein relating to disclosure or ownership of documents, shall survive the execution and delivery of this Agreement and the consummation of the transactions contemplated hereby. 9. INDEMNIFICATION. Consultant agrees to indemnify and hold harmless, the City, its officers, agents, and 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 4 O'Leary Landscape Architect Agreement Attorney/ Agreementslchl03 City of Sunny Isles Beach 17070 Collins Avenue, Suite 250, Sunny Isles Beach, Florida 33160 (305) 947~0606 phone (305) 949-3113 Fax that ten percent (10%) of the total compensation is a specific consideration from the City to the Consultant for this indemnity. 10. 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 therighttotel1lli~llte the services thenreIDainingtonbe _ 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. 1. 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. 11. 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. 111. After receipt of a Termination Notice and except as otherwise directed by the City, the Consultant shall: 1. Stop work on the date and to the extent specified. 2. Terminate and settle all orders and subcontracts relating to the performance of the terminated work. 3. Transfer all work in process, completed work and other materials related to the terminated work to the City. 4. Continue and complete all parts of that work that have not been terminated. b. Termination for Convenience of City. The City may, for its convenience and without cause terminate the services then remaining to be performed in the event the Consultant is placed either in voluntary of involuntary bankruptcy or makes any assignment for the benefit of creditors. 5 O'Leary Landscape Architect Agreement Attorney/ Agreementslch/03 City of Sunny Isles Beach 17070 Collins Avenue, Suite 250, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 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. 11. ASSIGNMENTS. TRANSFERS. SUBCONTRACTING. The Consultant shall not subcontract, assign or transfer any work under this agreement without 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 any person or entity acting under Consultant. 12. 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. 13. AUTHORITY TO PRACTICE. Consultant hereby represents and warrants that it has and will continue to maintain all licenses and approvals required to conduct its business and that it will at all times conduct its business activities in a reputable manner. Proof of such licenses and approvals shall be submitted to the City prior to commencement of work under this Agreement. 14. MODIFICATIONS OF WORK. The City reserves the right to make changes in the work, including alterations, reductions or additions thereto. Upon receipt of the City's notification of a contemplated change, the Consultant shall (1) if requested by the City, provide an estimate for the increase or decrease in cost due to the contemplated change, (2) notify the City of any estimated change in completion date, and (3) advise the City in writing if the contemplated change shall affect the Consultant's ability to meet the completion dates or schedules of this Agreement. 15. COORDINATION OF SERVICES. The City's representative/liaison during the performance of this Agreement shall be Christopher J. Russo, City Manager, telephone number 305/947-0606. Consultant shall not respond to requests for services under this Agreement unless the request is received directly from Christopher J. Russo, City Manager or designated personnel. Any requests received from other City departments/divisions shall be referred to the City Manager's Department representative designated above. Services performed without authorization by Christopher J. Russo, City Manager, shall be considered unauthorized and shall not be compensated/paid by the City. 16. 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. The non-prevailing party shall pay all 6 O'Leary Landscape Architect Agreement Attorney/ Agreementslch/03 City of Sunny Isles Beach 17070 Collins Avenue, Suite 250, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax costs of arbitration and attorneys' fees incurred by the parties 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. 17. CONFIDENTIAL INFORMATION. The Consultant shall not, either during the term of this Agreement or any time for a period ofTen (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. 18. 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 to Christopher J. Russo, City Manager, with a copy to Lynn M. Dannheisser, City Attorney, City of Sunny Isles Beach, 17070 Collins Avenue, Suite 250, Sunny Isles Beach, Florida 33160, and, if intended for Consultant, shall be addressed to William O'Leary, President, O'Leary Design Associates, P.A., 8525 S.W. 92Dd Street, Suite Cll, Miami, Florida 33156. 19. GOVERNING LAW. The validity of this Agreement and the interpretation and performance of all of its terms shall be construed and enforced in accordance with the laws of the State of Florida, without regard to principles of conflict of laws thereof. The location of any action or proceeding commenced under or pursuant to this Agreement shall be in Miami-Dade County, in the State of Florida. 20. 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. 21. 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 ofthe Civil Rights Act of 1968 as amended, Title I 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/family 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 7 O'Leary Landscape Architect Agreement Attorney/ Agreements/ch/03 City of Sunny Isles Beach 17070 Collins Avenue, Suite 250, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 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 V.S.C. 708), which prohibits discrimination against the handicapped in any Federally assisted program. 22. 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 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. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirectly that should conflict in any manner or degree with the performance ofthe services. 23. CONFLICTING PROVISIONS. The terms and conditions in this agreement supersede any other conflicting provisions that are contained in any other document. 24. MISCELLANEOUS. a. The rights granted to Consultant hereunder are nonexclusive, and the City reserves the right to enter into agreements with other persons or firms to perform services including those provided hereunder. b. Consultant and its employees shall promptly observe and comply with applicable provisions of all published federal, state and local laws, rules and regulations which govern or apply to the services rendered by Consultant hereunder, or to the wages paid by Consultant to its employees. c. Consultant shall obtain and keep in force during the term of this Agreement all necessary licenses, registrations, certificates, permits and other authorizations as are required by law in order for Consultant to render the service(s) required hereunder. d. Consultant shall not use the name or official seal of the City in any promotional material without the prior written consent of the City. e. Except as expressly provided for in this Agreement, Consultant is not authorized to act as the City's Agent hereunder and shall have no authority, expressed or implied, to act for or bind the City hereunder, either in Consultant's relations with sub-Consultants, or in any other manner whatsoever. 25. ENTIRE AGREEMENT. This Agreement and Attachment Exhibit "A," which is expressly incorporated herein by reference, shall constitute the entire agreement between the parties with respect to the subject matter hereof, and it shall supersede all previous and contemporaneous oral and written negotiations, commitments, agreements and understanding 8 O'Leary Landscape Architect Agreement Attorney/ Agreementslchl03 City of Sunny Isles Beach 17070 Collins Avenue, Suite 250, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax relating hereto. This Agreement may be executed in multiple identical counterparts, each of which shall be deemed an original for all purposes. 26. AMENDMENT. Any modification of this Agreement shall be effective only if in writing and signed by the parties to this Agreement. No waiver of any provision of this Agreement shall be valid or enforceable unless such waiver is in writing and signed by the parting granting such waiver. IN WITNESS WHEREOF, the parties hereto have executed this Agreement In duplicate on the day and year first written above. O'LEARY DESIGN ASSOCIATES, P.A. WITNESS: By: Print/type Name: ATTEST: c',' ~y,~\)\.'" > '>:, ~ I \ · (i''''''~~ ""J I, i;: ';Jane'1\. Hines, ActingCity Clerk .. ,', .. ." 'l> '.:' \ ' t. i .' ~'.. \ " ~ \ CITY OF S0 ISLES BEAC By: M~ ;; " APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: 9 O'Leary Landscape Architect Agreement Attorney/ Agreements/ch/D3 WORK AUmORIZATION NO. 03-274-S SUNNY ISLES BOULEVARD IMPROVEMENTS FROM THE INTRACOASTAL BRIDGE TO COLLINS A VENUE SUNNY ISLES BEACH, FLORIDA FOR SUNNY ISLES BEACH, FLORIDA SCOPE OF CONSULTING SERVICES BETWEEN mE CITY OF SUNNY ISLES BEACH, FLORIDA AND O'LEARY DESIGN ASSOCIATES, PA MAY 12, 2003 Exhibit nA" WORK AUTHORIZATION NO. 03-274-S SUNNY ISLES BOULEVARD IMPROVEMENTS FROM THE INTRACOASTAL BRIDGE TO COLLINS A VENUE SUNNY ISLES BEACH, FLORIDA SCOPE OF CONSULTING SERVICES (May 12,2003) PREAMBLE The Consultant proposes to provide professional services associated with the development of a Streetscape Improvements Plans for Sunny Isles Boulevard, and will include the following Landscape Architectural Services: A) B) C) Public Involvement 1) Prepare rendering in plan and section views to depict the proposed landscape improvements. 2) Attend meetings with consultants, City staff, and City COWlcil, as needed. Conceptual Design 1) Prepare conceptual plans that depict the proposed landscape and hardscape design. 2) Prepare a Preliminary Statement of Probable Construction Cost. Construction Documents Phase 1) Prepare detailed landscape plans. 2) Prepare detailed irrigation plans. 3) Prepare detailed hardscape plans defining paving patterns, color, and materials to be used in pedestrian areas. 4) Prepare an outdoor lighting schematic defining the location and type of electrical landscape fixtures (electrical engineering by City's Electrical Engineer). 5) Define, on the hardscape plan, the location and type of street benches and trash receptacles. The City's previously approved Street Furniture Master Plan will be followed. 6) Prepare a fmal Statement of Probable Construction Cost. Scope of Professional Services May 12, 2003 Page two Re: Sunny Isles Boulevard Improvements from The Intracoastal Bridge to Collins A yenue Sunny Isles, Florida 7) Prepare landscape, irrigation, and decorative paving technical Specifications. Any professional services not defined above, such as but not limited to the Bidding and Construction Docwnents Phase will be negotiated by separate amendment. O'LEARY DESIGN ASSOCIATES., P.A. Landscape Architects WAGE RATE CERTIFICATION DATE: MAY 12, 2003 PROJECT NO: 03-274-S PROJECT: SUNNY ISLES BOULEVARD IMPROVEMENTS FROM THE INTRACOASTAL BRIDGE TO COLLINS AVENUE SUNNY ISLES, FLORIDA PROJECT MANAGER: WILLIAM A. O'LEARY TASK NAME: LANDSCAPE ARCHITECTURAL SERVICES TASK HOURLY PROPOSAL CLASSIFICATION HOURS RATE DOLLARS PUBLIC INVOLVEMENT PHASE 1. PROJECT MANAGER 34 115 $ 3,910.00 2. LANDSCAPE ARCHITECT 42 95 $ 3,990.00 CONCEPTUALDE~GNPHASE 1. PROJECT MANAGER 94 115 $ 10,810.00 2. LANDSCAPE ARCHITECT 162 95 $ 15,390.00 CONSTRUCTION DOCUMENTS 1. PROJECT MANAGER 78 115 $ 8,970.00 2. LANDSCAPE ARCHITECT 124 95 $ 11,780.00 TOTAL HOURS 534 TOTAL DOLLARS $ 54,850.00 REIMBURSABLE EXPENSES (ESTIMATED COSTS) PRINTS/GRAPHICS/INCIDENTALS (TO BE INVOICED AT COST) $ 1,500.00 A. TOTAL ESTIMATED REIMBURSABLE EXPENSES $ 1,500.00 B. TOTAL DIRECT LABOR $ 54,850.00 TOTAL BUDGET (A&B) $ 56,350.00 PREPARED BY WAO 5/12/03 APPROVED BY WAO 5/12/03 WORK AUmORIZATION NO. 03-274-S SUNNY ISLES BOULEVARD IMPROVEMENTS FROM THE INTRACOASTAL BRIDGE TO COLLINS A VENUE SUNNY ISLES BEACH, FLORIDA FOR SUNNY ISLES BEACH, FLORIDA The City of Sunny Isles Beach has requested Work Authorization No. 03-274-S, from O'Lemy 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: T ota! direct labor expenses Estimated reimbursable expenses $54,850.00 $ 1,500.00 O'LEARY DESIGN ASSOCIATES, P.A. ATIEST: cO. :" CITY OF SUNNY ISLES BEACH THROUGH ITS CITY MANAGER ... ,. ,. ': ' f.~ +.,! ?~~~;-1~i. ~ ~. ..~ '. ~ity (;1erk .';' , \, ~ , .. ' .~ JANB.A.~S BYcd//L. City Manager CBrnUSTOPHERJ.RUSSO ;~ ~ r ,., ....~- ~Dayof -;;r~ , 2003 Irl S0Nmy ts[e Cityof SunnyIsles Beach City b.Mayor David Samson,Mayor 17070 Collins Avenue, Suite 250 Norman S.Edelcup,Vice Mayor = Carry Goodman,Commissioner Sunny Isles Beach,Florida 33160 Danny Iglesias,Commissioner (305) 947-0606 City Hall Lila Kauffman,Commissioner '\ �w (305 949-3113 Fax Christopher J.Russo,Cin;Manager 4r >, r 100' (305) 947-2150 Building Department Lynn M.Dannbeiuer,ay Attorney O r t V N e" °�s (305 947-5107 Fax Jane Hioes,Aning City Clerk MEMORANDUM TO: The Honorable Mayor and City Commission FROM: Christopher J. Russo, City Manager(44- DATE: July 17, 2003 RE: LANDSCAPE ARCHITECTURAL SERVICES FOR THE SUNNY ISLES BOULEVARD/SR826.TRAFFIC CALMING PROJECT RECOMMENDATION It is recommended that the City Commission approve the attached resolution entering into an agreement with O'Leary Design Associates, P.A. ("O'Leary") for landscape architectural services for the Sunny Isles Boulevard/SR 826 Traffic Calming Project. REASONS The City would like to improve vehicular and pedestrian traffic conditions on Sunny Isles Boulevard/SR 826, based on Concept Alternative I of the Florida Department of Transportation Study for that road. This project will entail reducing the number of travel lanes from five (5) to four (4), reducing the width of the lanes to eleven feet (11'), and increasing the sidewalk from five feet (5') to fourteen feet (14'), presenting the need for landscape design services. O'Leary has agreed to undertake the landscape design aspects of this project and has submitted a proposal for services, in an amount of Fifty-Six Thousand Three Hundred Fifty Dollars ($56,350.00), attached hereto as Exhibit "A." ADDITIONAL INFORMATION This project will vastly improve the main entrance to the City, as well as slow down traffic and create a pedestrian friendly area to cross Sunny Isles Boulevard/SR826. Additional features of this project will pave the way for further redevelopment on the north and south sides of Sunny Isles Boulevard. O'Leary has made a major improvement throughout the City, along Collins Avenue. This contract will give Sunny Isles Boulevard a uniform scheme that is carried throughout the entire city. CJR/pw Siblvd-Traffic Calming O'Leary Landscape Arch Memo