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HomeMy WebLinkAboutReso 2007-1074 RESOLUTION NO. 2007- /01 'i A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING AN AMENDMENT TO A CONSULTING AGREEMENT WITH O'LEARY RICHARDS DESIGN ASSOCIATES, INC, FOR LANDSCAPE ARCHITECTURAL SERVICES FOR THE MEDIANS ON COLLINS AVENUE AND GRANT APPLICATION SERVICES, IN AN AMOUNT NOT TO EXCEED THIRTY THREE THOUSAND NINE HUNDRED FORTY DOLLARS ($33,940.00), ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT; AUTHORIZING TI-IE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THE TERMS OF THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Resolution No. 2007-1052, adopted on February 15,2007, the City Commission approved continuing consulting agreements with three (3) landscape architectural firms to perform landscape architectural services ("Services") for the City, including O'Leary Richards Design Associates, Inc. ("O'Leary Consultant); and WHEREAS, O'Leary Consultant has submitted a response to a Request for Quotations from the list established by Request for Qualification No. 06-03-01, dated January 31, 2007, incorporating its proposal for the requested Services for a total fee not to exceed Thi11y-Three Thousand Nine Hundred Forty Dollars ($33,940.00), as more fully described in Attachment "A"; and WHEREAS, the City Administration wishes to amend the landscaping and architectural services agreement with O'Leary Richards Design Associates, Inc. (O'Leary Agreement), for landscape architectural design of the medians on Collins A venue and for grant application services for a State of Florida Highway Beautification Grant on behalf of the City, in an amount not to exceed Thirty-Three Thousand Nine Hundred Forty Dollars ($33,940.00), a copy of the agreement is attached hereto and made a part hereof as Attachment "B". NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Approval of Amendment to Agreement. The Amendmcnt to Agreement with O'Leary Richards Design Associates, Inc., for landscape architectural design of the medians on Collins A venue and for grant application services for a State of Florida Highway Beautification Grant on beha!fofthe City, in the amount not to exceed Thirty-Three Thousand Nine Hundred Forty Dollars ($33,940.00), 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 the Agreement. R20D?- Agmt with O'Leary Richards Design Assoc. Inc. Collins Medians/Grant Section 4. Effective Date. This Resolution will become effective upon adoption. PASSED AND ADOPTED this 19th day of Apri12007. ATTEST: ~ I\-L Jane A. Hines, CMC, City Clerk APPROVED AS TO FORM AND L . SUFFICIENCY: Vote: ~ -0-( Mayor Edelcup Vice Mayor Thaler Commissioner Brezin Commissioner Goodman ~ ~~ Commissioner Iglesias Moved by: CO)'h~ ..:::c&L't.~11k' Seconded by: Y\ ;.. J 'IY\ fJN Cry!. L1l..M- 'tJ<.. ---.l.dY es) ~Yes) _/.d'yes) _(Yes) ---J,LC Y es) _(No) (No) _(No) (No) _(No) R2007- Agmt with O'Leary Richards Design Assoc. Inc. Collins Medians/Grant 2 CITY OF SUNNY ISLES BEACH FIRST AMENDMENT TO O'LEARY RICHARDS DESIGN ASSOCIATES, INC. CONSULTANT AGREEMENT DATED FEBRUARY 15,2007 CONTRACT NO.: C0607-027A THIS AMENDMENT is made and entered into this I '\~day of ~II 2007, by and between the CITY OF SUNNY ISLES BEACH, FLORIDA, a municipal corporation of the State of Florida, (hereinafter referred to as "City") and O'LEARY RICHARDS DESIGN ASSOCIATES, INC., a Florida corporation locatcd at 11400 Southwest 10th Avenue, Miami, Florida 33176, (hereinafter referred to as "Consultant"). WHEREAS, pursuant to Resolution No. 2007-1052, adoptcd on February 15,2007, the City Commission approved continuing consulting agreements with three (3) landscapc architcctural finns to perform landscape architectural services for the City, including O'Leary Richards Design Associates, Inc.; and WHEREAS, the Consultant has submitted a response to a Rcquest for Quotations from the list established by Request for Qualification No. 06-03-01, dated January 31, 2007, incorporating its proposal to providc the requested landscape architcctural design and grant support services for a total fee not to exceed Thirty- Threc Thousand Nine Hundrcd Forty Dollars ($33,940.00), as more fully described in Attachmcnt "A"; and WHEREAS, the City Administration wishcs to amcnd the landscaping and architectural services agrecment with O'Leary Richards Design Associates, Inc. (O'Leary Agreement), for landscapc architectural design of the medians on Collins A venuc and for grant application services for a State of Florida Highway Bcautification Grant on behalf of the City, in an amount not to excecd Thirty-Three Thousand Nine Hundred Forty Dollars ($33,940.00), a copy of the agreement is attached hereto and made a part hcrcof as Attachment "8". NOW THEREFORE, in consideration of the premiscs and the mutual covenants herein stated, the parties hereto agree as set forth below: I. AMENDMENT TO SCOPE OF SERVICES. Section 4 of the O'Leary Agreemcnt is amended as follows: 4. COMPENSATION. Payment to Consultant for all charges under this Agrecment shall be in accordance with this Agrcement and a schedule of charges reflected in Attachment "A" for an amount not to exceed Thirty-Three Thousand Nine Hundred Forty Dollars, ($33,940.00). 2. REMAINING TERMS. All othcr terms and provisions of the O'Leary Agreement dated Fcbruary 15, 2007 shall remain in full forcc and effcct. Any modification of this Agreement shall be cffective 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 sllch waiver is in writing and signed by the party granting such waiver. In the event of any conflict betwcen the terms of this Agreement and any othcr agrccment, this Agreement shall prcvail. C0607~027A first Amendment to Consulting Agreement 0fl') \) U City of SIIIIIlY Isles Beach 18070 Collins Avenue. Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax IN WITNESS WHEREOF, the parties hereto have executcd this Agreement in triplicate on thc day and year first written above. WITNESS: O'LEARY RICHARDS DESIGN ASS IATES,INC. By: Print Name: Print Name; ATTEST: By:~wJ-J.A~/ Janc A. Hincs, CMC, City Clcrk By. OF SUNN1IJLES JEACH )/!1W'/?/ xi add~/ Mayor Norman S. Edelcup C0607-027 ^ First Amendment to Consulting Agreement 2 U:\Contract Administration\2006.2007\C0607-27 1st Amendment to O'Leary Richards Agmt\First Amendment to Consulting ^grecment.doc \ ,~ (' '. I b ,. O'Leary Richards Design Associates, Inc. Landocap" Azclut<dIJ.. 8< PI"""" 11400 Southwest 107lh Avenue MIoml. Aorlda 33176 Phone; 305.790.7641 Fax; 305.235.2886 _010- AaMrbn SocWIJ of ~ AtcNf4Ids Mr. Doug Haag Assistant City Manager City of Sunny Isles Beach 18070 Collins A venue Sunny Isles BelICh, FL 33160 Re: Landscape Architectural Finns RFQ No. 06-03-01 _-'pear Mr. Haag: January 31, 2007 Thank you for the opportunity to provide you with a fee schedule for our finn. Our hourly rates are as follows: Landscape Plan Review Senjor Landscape Architect General Landscape Consulting Senior Landscape Architect Landscape Architect $130.00/hr. $130.00/hr. $IIO.OOIbr. Please let me know if you require any additional infonnation. Looking fonvard to working with you again, I am Very truly yours, ~ Kathryn , ;-:',.~ \ \~::.: Attachment A S\\3 CITY OF SUNN\T-rSLES-BEACH CONSULT ANT AGREEMENT WITH O'LEARY RICHARDS DESIGN ASSOCIATES, INC. CONTRACT NO: C0607-027 THIS CONTRACTUAL AGREEMENT (hercinafter referred to as the "Agrccment") is made in triplicate, this /5""~day of y;,JJ/2UII1'1.!/ ,200.2. by and between the CITY OF SUNNY ISLES BEACH, Florida, (hercinafter rcferred to as "City"), and O'LEARY RICHARDS DESIGN ASSOCIATES, INC., (hereinafter referred to as "Consultant"). RECIT ALS WHEREAS, the City is in need of more than one consultant to perform landscape and architectural services for the City for various municipal projects that may arise throughout the 200612007 fiscal year as more fully described in Resolution No. 2007- /05":1.., (Attachment "A"); and WHEREAS, Contractor has expressed the ability and desire to provide theses Services, subject to the terms and conditions contained herein, and has suhmitted a proposal to the City as more fully described in Attachment "B", which is attached hercto and made a part hereof; and WHEREAS, the City's Code provides that any purchase in excess of $25,000.00 requires City Commission approval and compliance with the City's procurement code, which mandates that such purchases must bc awarded by competitive bidding, with certain limited exccptions; and WHEREAS, in response ta the City's Request for Qualifications No. 06-03-01 and Resolution No. 2007- //;5":1.. ,the City has qualified and ranked O'Leary Richards Design Associates, Inc. as the first of the three continuing consultant positions with the City. NOW THEREFORE. in consideration of the forcgoing and for thc mutual covenants, representations - and warranties and other good and valuable considcration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows: I. 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, continuing consulting Services in connection with performing landscape architectural services, as more particularly described in Attachment "B" attached hereto and made a part hereof. 3. TERM. Subject to the provisions rcIating to the termination of this Agreement as set forth in Paragraph 8 hereunder, the term of this Agreement shall begin upan the execution of this I C0607-027 O'Leary Richards Design Assoc., Inc. Consultant Agreement Attachment B r~ ,." n S\u City of Sunny h'les Beue" 18070 Collins Avcnue, Sunny Islcs Beach, Florida 33160 (305) 947-0606 phone (-305) -949-3 I-I3-Fax Agreemcnt and shall end upon the completion of Serviccs dcscribed in Attachmcnt "B", and may be extended as necessary, in writing by the parties hereto. 4. COMPENSATION. Payment to Consultant for all charges under this Agreement shall be in accordance with this Agreement and a schedule of charges reflccted in Attachment "B" for an aggrcgate amount among the three (3) ranked City consultants not to excccd Two Hundred Fifty Thousand Dollars ($250,000.00). Consultant acknowledges and agrces that the $250,000.00 amount shall be sharcd between Consultant and the other two qualified consultants as Services are performed and invoiced to the City. Consultant shall submit invoices on a monthly basis within ten (10) days following the end of each calendar month. City shall pay Consultant only for Services actually performed. The Consultant shall makc 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 disputcs 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. 5. A V AILABIUTY 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. 6. INDEPENDENT CONTRACTOR RELATIONSHIP. The Consultant is an independent contractor and shall be treatcd as such for all purposes. Nothing contained in this Agreement or any action of the parties shall be construcd'to constitute or to rcnder the Consultant an employee, partner, agent, shareholder, officer or in any other capacity other than as an indcpendent contractor other than those obligations which have been or shall have been undertaken by the City, Consultant shall be rcsponsible for any and all of its own expenses in performing its duties as contemplated under this Agreement. The City shall nat be responsible for any expense incurrcd 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 bc that of the Consultant, other than those set forth in this Agreement. Consultant shall furnish its own transportation, office and ather supplies as it determines necessary in carrying out its duties under this Agreement. 7. OWNERSHIP OF DOCUMENTS AND EQUIPMENT. All documents prepared by the Consultant pursuant to this Agrccment and related Services to this Agreement are intendcd and represented for the ownership of the City only. Any other use by Consultant ar other parties shall be approved in writing by the City. If requested, Consultant shall delivcr the documents to the City within fifteen (15) calcndar days. 8. INDEMNIFICATION. Consultant agrecs to indcmnify and hold harmless, the City, its officers, agents, and employees from, and against, any and all claims, actions, liabilities, 2 C0607-027 O'Leary Richards Design Associates, Inc.Consultant Agreement ,'.: ~. p . I ~ ~). . " S \ ,) City of SunllY Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3 113-Fax losses and expenses including, but not limitcd 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 ar may be allegcd 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 conncction with the Consultant's perfannance of Scrvices 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 harassmcnt, 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. Consultant shall, at its awn sole cost and expense, during the period of any work being performed under this Agreement, procure and maintain the following minimum insurance coverage to protect the City and Cansultant against all loss, claims, damage and liabilities caused by Consultant, its agents, Consultant's or employees, as more particularly set farth below: General liability insurance, including broad form contractual liability coverage f~or Bodily injury and property damage liability with limits o~Million Dollars (~combined single limit occurrence. One- "'--.... a-I....-., 1- " aDo, 000 Such insurance shall not diminish Consultant's indemnification obligations hercunder. The insurance policy shall be issued by such company, in such forms and with such limits of liability and deductib1es as are acceptable to the City and shall be endorsed to be primary over any insurance, which the City may maintain. Prior to the execution of this Agreement, and at any time upon request, Consultant shall furnish to the City certificates of insurance evidencing the minimum required coverage and appropriately endorsed for contractual liability with the City namcd as an 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 insurancc shall provide that the policies may not be canceled or altered without thirty (30) calendar days prior to written notice to the City's Risk Management Department. The City reservcs the right from time to time to change the insurance coverage and limits of liability required to be maintained by Consultant hereunder. 9. TERMINATION. A. If, through any cause within 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 3 C0607-027 O'Lcary Richards Design Associates, Inc.Consultant Agreement ~ I..; ',:~I II \..... S\B City of Sunny Isles Beach 18070 Collins Avenue, Sunny Islcs Beach, Florida 33160 (305)-947-0606-phone (305)-949,3 I 13. Fax default. If the dcfau1t rcmains uncured after ten (10) days the City may tcrminate this Agreement. (i.) In thc event of termination, all finished and unfinishcd documents, data and other work product prepared by Consultant (and sub consultant(s)) shall be dclivercd to thc City and the City shall compensatc thc Consultant for all Serviccs satisfactorily performed prior to the date of termination, as provided in Paragraph 4 hercin. (iL) Nothwithstanding the foregoing, the Consultant shall not be relieved of liability to the City for damagcs sustained by it by virtue of a breach of the Agreement by Consultant and the City may reasonably withhold payment to Consultant for the purposes of set-off until such time as thc exact amount of damages due the City from the Consultant is determined. B. Termination for Convenience of City. The City may, for its conveniencc and without cause terminate the Scrvices then remaining to be performed at any time by giving Consultant ten (10) days written noticc. The terms of Paragraphs A(i) and A(ii) shall be applicable hereunder. C. Termination for Insol vcncy. The City also reserves the right to terminate the remaining Services to be performcd in the cvent the Consultant is placed either in voluntary or involuntary bankruptcy or makes any assignment for the benefit of creditors. 10. ARBITRATION. It is the intention of the partics that whenever possible, if a (\isputc or controversy arises hereundcr then such dispute or controversy shall be scttled by arbitration in accordance with the procedures, rules and regulations of thc American Arbitration Association. The decision rendcred by the Arbitrator shall be final and binding upon the partics and judgment upon the award rcndered 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 thc non- prevailing party or, if neither party prevails on thc whole, each party shall be responsible for a pOl1ion of the costs of arbitration and their respective attorncys' fees as may be detelmined by the court on confirmation. II. CONFIDENTIAL INFORMATION. The Consultant shall not, either during the term of this Agreement or any time for a period of TEN (10) years subsequcnt to that datc upon which the Consultant shall leave the employment of the City for any rcason whatsocver, disclose 10 any person or entity, other than in the dischargc of the dutics 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 4 C0607-027 O'Leary Richards DesignAssociatcs, Inc.Consultant Agreement \:.~~ \.~~~ ';! ;.-,~ (' \ n d D City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (-305)-947-0606 phone (305)-949-3113.Fax havc the right, in addition to any other rcmedies availablc to it at law or in equity, to enjoin thc Consultant in a court of cquity for violating such provisions. 12. NOTICES. All notices and communications hcreunder shall be in writing and shall be deemcd given when scnt postagc prepaid by rcgistered or certified mail, return rcceipt requested and. if intended for City to A. John Szerlag, City Manager with a copy to Hans Ottinot, City Attorney, at City of Sunny Isles Beach, 18070 Collins Avenue, Sunny Isles Beach, Florida' 33160, and if intended for the Consultant, shall be addressed to Kathryn O'Leary Richards, ASIA, O'Leary Richards Design Associates, Inc., 11400 Southwest loth Avenue, Miami, Florida 33176, Telephone (305) 790-7641. Facsimile number (305) 235-2886. 13. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Venuc shall be in Miami-Dadc County, Florida. 14. AUDIT. The Consultant shall makc available to the City or its representative all rcquired financial rccords associated with the Agrecment for a period of THREE (3) ycars. 15. 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 I of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Amcricans with Disabilities Act of 1990, thc Age Discrimination Act of 1975. Executivc Order 11063, and with Executive Ordcr 11248 as amended by Executive Orders 11375 and 12086. Thc Consultant will not discriminate against any employee or applicant far employmcnt becausc of race, color, creed, rcligion, ancestry, national origin, sex. disability or other handicap, age, maritallfamilial status, or status with regard to public assistance. Thc Consultant will take affirmative action to insure that all employment practices are frcc from such discrimination. Such employment practices includc but are not limited to thc following: hiring, upgrading, demotion. transfer, recruitment or recruitment advcrtising, layoff, termination, rates of payor other forms of compcnsation, and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places. available to employees and applicants for employment, notices to bc provided by thc City setting forth the provisions of this non-discrimination clause. Thc Consultant agrces to comply with any Fcderal regulations issucd pursuant to compliance with Section 504 of the Rchabilitation Act of 1973 (29 D.S.C. 708), which prohibits discrimination against the handicapped in any Federally assisted program. 16. CONFLICT OF INTEREST. The Consultant agrecs to adhcre to and be govemed by the Miami-Dadc County Conflict of Interest Ordinance Section 2-11.1, as amendcd; and by the 5 C0607-027 O'Leary Richards Design Associates, Inc.Consultant Agreement ,'. l \]J- ',) ~ L (' I n .) 0 City of Sunny Isles Beach 18070 Collins A vcnuc, Sunny Isles Beach, Florida 33 160 (305) 947 -0606 phone (3'05).949-3 I13_Fax City of Sunny Isles Beach Ordinance No. 99-82, which arc incorporatcd by rcference herein as if fully set forth herein, in conncction with the Agreement conditions hereunder. 'l11e 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 furthcr covenants that in the performance of this Agrcement, 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 ar to any benefits arising therefrom. 17. CONFLICTING PROVISIONS. The terms and conditions in this Agreemcnt supersedc any other conflicting provisions that are contained in any other document. 18. ENTIRE AGREEMENT. This Agreement and Attachment "B", which is expressly incorporated herein by reference, contain the entire agreement of the parties, and may be amended, waived, changed, modified, extended or rcscinded only by a writing signed by the party against whom any such amendment, waiver, change, modification, extcnsian and/or rescission is sought. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in triplicate on the day and year first written above. WITNESSES: O'LEARY RICHARDS DESIGN ASSOCIATES, INC. ATTEST: BY:~lUl A:~w Jane A. Hines, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: -~1~~~ Hans tl not, rly Attorney 6 C0607-027 O'Leary Richards Design Associates, Inc.Consultant Agreement '. ;". 0\0 ,) U Cify Commission Norman S. Edelcup Mayor Lewis J. Thaler Vice Mayor Roslyn Brezin Commissioner Gerry Goodman Commissioner Danny Iglesias CommIssioner A. John Szerlag City Manager Hans Ottinot City Attorney Jane A. Hines City Clerk 18070 Collins Avenue, Sunny Isles Beach, FL 33160 305.947.0606 www.sibfl.net April 24, 2007 Kathryn O'Leary Richards, ASLA O'Leary Richards Design Associates, Inc. 11400 S.W. 10th Avenue Miami, Florida 33176 Re: Amendment to Landscape Consultant Agreement with O'Leary Richards Design Associates, Inc. Dear Ms. O'Leary Richards: At its regular meeting of April 19, 2007, the Sunny Isles Beach City Commission adopted Resolution No. 2007-1074, which approved an amendment to the O'Leary Richards Design Landscape Agreement to include landscape architectural services for the medians on Collins A venue and grant application services. Enclosed are an original, executed agreement and a copy of the approving resolution for your files. Thank you. Very truly yours, ~...Q.&LU~ Priscilla Walker, CMC Deputy City Clerk Enclosures cc: Rick Connor, Public Works Director Anice Paul, Administrative Assistant to Finance Director Shaun S. Gelvez, Contracts Coordinator (~;i 1~~~;y'WJh~~Js- _f2illHh's XVe ~&~mhs& ((rHlllt;Xgmhll~fr City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 Ciry Commission Norman S. Ede1cup, hfayor Lewis J. Thaler, Vice hfay~ Roslyn Brezin, Comminioner Gerry Goodman, Commissioner Danny Iglesias, Commirsioner (305) 947-0606 City Hall (305) 949-3113 Fax (305) 947-2150 Building Department (305) 947-5107 Fax A. John Szerlag, City Manager Hans Ottinot, City Attorney Jane A. Hines, City Ckrk MEMORANDUM TO: The Honorable City Commission Via: A. John Szerlag, City Manager FROM: Doug Haag, Assistant City Manager/Finance Rick Conner, City Engineer/Public Works Director DATE: April 19, 2007 RE: Selection of a Landscape Architect for the Landscaping of Collins Avenue as Required for Submitting an Application to the Florida Department of Transportation for a Highway Beautification Grant RECOMMENDATION: Approve the attached resolution authorizing the approval of an Amendment to Agreement with O'Leary Richards Design Associates, Inc. in an amount not to exceed $33,940.00 for landscape design and grant support services for the above project. BACKGROUND: Staff received three responses to the request for a Landscape Architect to landscape Collins A venue and to make application for an FDOT Beautification Grant. They are: O'Leary Richards Design Associates, Inc. Calvin Giordano & Associates, Inc. EDAW, Inc. $33,940.00 $14,500.00 $39,700.00 Staff reviewed these proposals and were unanimous in the selection of O'Leary Richards Design Association, Inc., on an hourly basis with a not-to-exceed cap of $33,940.00. Though they did not offer the lowest priced proposal, it was felt that they offered the best value, based on their previous experience with similar projects. In fact, they were the only respondent to provide a list of similar projects completed and their respective contacts, as required in the RFP. Their proposal also reflects what staff feels is a more accurate understanding of the project. O'Leary Richards Design Associates, Inc has also had preliminary discussions with FDOT to determine the requirements for a successful grant Agenda Item , 0 G- ~-Iq-Of Date application. Without the $300,000 FDOT grant, the' scope of the project will be greatly diminished. Finally, the low bidder - Calvin Giordano & Associates, Inc. - did not attend the Pre-Proposal Meeting, and therefore we feel that they do not have an accurate grasp of the overall scope of the project. In terms of the project scope for the grant, it is staff recommendation that the work begin on the Lehman Causeway intersection (to include landscaping and lighting) and then proceed south from there using the balance of available funds. Funds for the landscape architect and city match ($300,000 total) are available in account 20- 600-5621.