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HomeMy Public PortalAbout2005-39 Agreement with Wallace Roberts & Todd, LLCRESOLUTION NO. 2005-39 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN WALLACE ROBERTS & TODD, LLC., (THE "CONSULTANT") AND THE VILLAGE OF KEY BISCAYNE CONCERNING PLANNING SERVICES FOR PREPARATION OF LANDSCAPE MAINTENANCE GUIDELINES FOR VILLAGE PUBLIC SPACES; AUTHORIZING VILLAGE MANAGER TO EXECUTE THE AGREEMENT BETWEEN THE VILLAGE AND CONSULTANT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village Manager has recommended that the planning firm of Wallace Roberts & Todd, LLC., (the "Consultant") be retained to perform additional planning services for the Village including preparation of landscape maintenance guidelines for Village public spaces; and WHEREAS, these professional services are exempt from public bidding pursuant to Village Code Section 2-87(2); and WHEREAS, the Village Council finds that approval of the proposed Professional Services Agreement between the Village and Consultant is in the best interest of the Village. NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. Recitals Adopted. That each of the recitals stated above is hereby adopted and confirmed. Section 2. Services Authorized, Specification of Funds. That the planning services to be provided by Consultant to the Village are hereby authorized, as described in the Professional Services Agreement which is attached hereto, in accordance with the funding source which is identified in the Village Manager's Memorandum which accompanies this Resolution. Section 3. Agreement Approved. That the Professional Services Agreement (the "Agreement") between the Village and Consultant, in substantially the form attached hereto, is hereby approved, and the Village Manager is hereby authorized to execute such Agreement on behalf of the Village, once approved by the Village Attorney as to form and legal sufficiency. Section 4. Implementation. That the Village Manager is hereby authorized to take any and all action necessary to implement the purposes of this Resolution and the Agreement. Section 5. Effective Date. That this Resolution shall be effective immediately upon adoption hereof. PASSED AND ADOPTED this 11th day of October , 2005. 4/0 cttal,t, MAYOR ROBERT OLDAKOWSKI AT %%law CONCHITA H. ALVAREZ, CMC, VILLAGE C APPROVED TO FORM AND LEGAL SUFFI VILLAG AT ' O EY 103.001 /Resolutions/ s epara on of landscape maintenance guideline with Wallace Roberts 9.22.05 2 VILLAGE OF KEY BISCAYNE Village Council Robert oldakowslu Mayor Robert L Vernon Vice Mayor • Enrique Garcia Steve Liedman Jorge E Mendia Thomas Thornton Patricia Weinman Village Manager Jacqueline R Menendez Office of the Village Manager DT October 3 2005 TO H Fable Ma or a •j ;� bers of the Village Council FR� queli`r- Menende , illage Manager R ' Landscape Maintenance Guidelines for Public Spaces RECOMMENDATION It is recommended that the attached resolution be approved The resolution authorizes the execution of a contract with Wallace, Roberts, and Todd to prepare Landscape Maintenance Guidelines for Public Spaces EXPLANATION The Village Council directed my office to upgrade the appearance of all of the publically owned land in the Village including all swales, parks, and medians I am suggesting that the standard that the Village wishes to achieve will match the grounds at The Ritz Hotel The first step in the process is to retain a consultant to prepare a manual that sets forth maintenance specifications for all plantings, groundcover trees, trimming, edging, mowing, pruning, irrigation, application of fertilizer, application of insecticides and herbicides and other pertinent functions With regard to trees, the consultant will work with our arborist The attached resolution retains the services of Wallace, Roberts and Todd to prepare Guidelines Their proposal includes the services of Lisa Hammer, a Horticulturalist who prepared similar guidelines for the Key Biscayne Ritz Hotel The fee to prepare the Guidelines is $42,500 The funding source is the "Reserve for Master Plan Initiatives" 88 West McIntyre Street, Suite 210 • Key Biscayne, Florida 33149 • (305) 365-5500 • Fax (305) 365-8936 MISSION STATEMENT TO PROVIDE A SAFE QUALITY COMMUNITY ENVIRONMENT FOR ALL ISLANDERS THROUGH RESPONSIBLE GOVERNMENT www keybrscayne fl got) VILLAGE OF KEY BISCAYNE AGREEMENT FOR PROFESSIONAL SERVICES //A A itteilev THIS AGREEMENT, made and entered into this -714°4' r' ay of S@ember, 2005, by and between the VILLAGE OF KEY BISCAYNE (the "VILLAGE") and WALLACE ROBERTS & TODD, LLC., a Florida Limited Liability Company (the "CONSULTANT"). RECITALS: The VILLAGE wants to engage the CONSULTANT to perform for the VILLAGE certain professional landscape maintenance guideline preparation services which are within CONSULTANT's planning expertise, as specifically described in the Scope of Services provided in Exhibit "A" to this Agreement (the "Specified Services"). The CONSULTANT wants to provide such Specified Services. In consideration of the mutual covenants set forth in this Agreement, the parties agree as follows: 1. SCOPE OF SERVICES A. The CONSULTANT agrees to perform the Specified Services upon written request from the Village Manager. B. CONSULTANT shall expend all necessary efforts to competently and professionally complete all tasks in accordance with a schedule to be approved by the Village Manager. C. CONSULTANT shall perform additional services beyond the Specified Services, but within its expertise, if requested by the Village Manager, at compensation which is first mutually agreed to in writing. 2. FEES FOR SERVICES A. As full compensation for satisfactory performance of the Specified Services, the CONSULTANT agrees to charge and shall be paid by the Village in accordance with the fee schedule set forth in Exhibit "B," for a total fee not to exceed Forty Two Thousand Five Hundred ($42,500.00) Dollars. Fees shall be paid in arrears each month, pursuant to monthly invoice, based upon the percentage of work completed for each task invoiced. Invoices shall be promptly processed for payment pursuant to the Florida Prompt Payment Act. B. VILLAGE shall reimburse CONSULTANT for its direct and reasonable expenses for document production and reproduction, postage, long distance telephone charges, photographic services, and other cost items which are first approved by the Village Manager, all in a total amount not to exceed $3,000.00. 3. TERM The duration of the term of this Agreement shall commence upon execution hereof and shall expire upon completion of the performance of the Specified Services, unless extended by the Village Manager or earlier terminated pursuant to paragraph 8. 4. RECORDS All original sketches, tracings, drawings, computations, details, guidelines, reports, calculations, work papers and other documents and plans that result from the CONSULTANT providing Specified Services or any additional services hereunder shall be the property of the VILLAGE. Upon termination of this Agreement or upon request of the VILLAGE during the term of this Agreement, any and all such documents shall be delivered to the VILLAGE by the CONSULTANT. All work products shall be provided to VILLAGE in paper and digital. 5. INSURANCE A. The CONSULTANT shall at all times carry comprehensive general liability and contractual liability insurance, workers' compensation insurance (if applicable), and automotive liability insurance, with minimum policy limits for each coverage in the amount of at least Five Hundred Thousand ($500,000.00) Dollars per occurrence, combined single limit, for property damage and bodily injury, including death, except that the dollar amount of workers compensation coverage (if applicable) shall be as provided by Chapter 440, Fla. Stat. The VILLAGE shall be named as an additional insured on all of the above insurance policies, to the extent permitted by law. Each insurance policy shall state that it is not subject to cancellation or reduction in coverage without written notice to the VILLAGE 30 days prior to the effective date of cancellation or reduction of coverage. B. CONSULTANT shall indemnify and hold harmless the VILLAGE, its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness or intentional wrongful conduct of the CONSULTANT and persons employed or utilized by the CONSULTANT in the performance of the Agreement, except that neither the CONSULTANT nor persons employed or utilized by the CONSULTANT will be liable under this paragraph for liabilities, damages, losses, or costs resulting from negligent acts, errors, or omissions by the VILLAGE or any of their officers, agents, or employees during the performance of this Agreement. 6. ASSIGNMENT This Agreement shall not be assignable by the CONSULTANT. CONSULTANT is authorized to utilize its subconsultants, as identified in Exhibit "B". 7. PROHIBITION AGAINST CONTINGENT FEES The CONSULTANT warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this Agreement, and that it has not paid or agreed to pay any person(s), company, corporation, individual or firm, other than a bona fide employee working solely for the CONSULTANT any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Agreement. 8. TERMINATION This Agreement may be terminated by the VILLAGE upon thirty (30) days advance written notice with or without cause and by the CONSULTANT upon sixty (60) days advance written notice with or without cause. If this Agreement is terminated, the CONSULTANT shall be paid in accordance with the provisions of paragraph 2 for all acceptable work performed up to the date of termination. 9. NONEXCLUSIVE AGREEMENT The services to be provided by the CONSULTANT pursuant to this Agreement shall be nonexclusive and nothing herein shall preclude the VILLAGE from engaging other firms to perform the same or similar services for the benefit of the VILLAGE within the VILLAGE's sole and absolute discretion. 10. ENTIRE AGREEMENT The parties hereby agree that this is the entire agreement between the parties. This Agreement cannot be amended or modified without the express written consent of the parties. The Village Manager shall act for VILLAGE hereunder. 11. WARRANTIES OF CONSULTANT The CONSULTANT hereby warrants and represents that at all times during the term of this Agreement it shall maintain in good standing all required licenses, certifications and permits required under Federal, State and local laws necessary to perform the Specified Services for Village as an independent contractor of the Village. 12. NOTICES All notices and communications to the VILLAGE or CONSULTANT shall be in writing and shall be deemed to have been properly given if transmitted by registered or certified mail or hand delivery. All notices and communications shall be effective upon receipt. Notices shall be addressed as follows: VILLAGE: Jacqueline R. Menendez Village Manager Village of Key Biscayne 88 West McIntyre Street Key Biscayne, FL 33149 With a copy to: CONSULTANT: Village Attorney c/o Weiss Serota Helfman Pastoriza Cole & Boniske, P.A. 2665 South Bayshore Drive, Suite 420 Miami, Florida 33133 Wallace Roberts & Todd, LLC. 191 Giralda Avenue, Penthouse Coral Gables, Florida 33134 13. GOVERNING LAW; LITIGATION This Agreement shall be construed in accordance with the laws of the State of Florida. Venue for any litigation hereunder shall be in Miami -Dade County, Florida. The parties voluntarily waive the right to any trial by jury in any litigation hereunder. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement upon the terms and conditions above stated on the day and year first above written. CONSULTANT: WALLACE ROBERTS & TODD, LLC. 191 Giralda Avenue, Penthouse Coral Gables, FL 33134 By: Title: VILLAGE: VILLAGE OF KEY BISCAYNE 88 West McIntyre Street Key Biscayne, FL 33149 By: Jac Me R. Me - n ge Manager A -sM 4A id/A? Village Clerk • Approved as to Village A • mey orm and Legal Sufficiency: Approved pursuant to Cou ci1 Resolution No. A95;47 EXHIBIT "A" SCOPE OF SERVICES I. In General A. CONSULTANT shall develop and prepare a proposed comprehensive Landscape Maintenance Guideline (the "Guidelines") for use by the VILLAGE in maintaining VILLAGE landscaping, including: • All street tree plantings located within VILLAGE swales; • All street medians; • Crandon Boulevard — from the VILLAGE entrance to Bill Baggs State Park; • The VILLAGE Green; • The VILLAGE Municipal Civic Center Complex (including Village Hall, Police Station, Fire Station and Community Center); • All VILLAGE traffic circles; • VILLAGE Beach Park and VILLAGE Lake Park. B. The Guidelines shall be written in a clear and detailed manner for convenient use by VILLAGE's contractors in performing landscaping maintenance services for the VILLAGE and for VILLAGE's monitoring of the performance of such services. C. The Guidelines shall establish a first class level for landscape maintenance, including scheduling and maintenance specifications for all plantings, including trees, turf, shrubs — c ground covers and for irrigation. The Guidelines shall include procedures and directions for trimming, edging, mowing, pruning, irrigation, application of fertilizer, application of insecticides and herbicides, and other pertinent functions. 7 D. The Guidelines shall be subject to the review of the Village Manager and the approval of the Village Council. II. Tasks Task I: Identify Project Parameters A. Kick -Off Meeting to Identify Project Parameters Representatives from: Village of Key Biscayne Wallace Roberts & Todd, LLC Project Director Landscape Consultant — Lisa Hammer Irrigation Consultant — Irrigation Design Services (a Sweeney & Associates, Inc. company) Tasks II -IV will require the use of data and information provided by the Village of Key Biscayne, and shall be completed by CONSULTANT within ninety (90) days from the date of execution of this Agreement. Task II: Data Gathering A. The Village of Key Biscayne will provide landscape plans and data (all planting and irrigation) in digital file format of existing and proposed conditions for the following: • Crandon Boulevard — Village entrance to Bill Baggs State Park • All Village -street swale plantings • The Village Green • The Village Civic Center • All Village traffic circles • Any other Village areas to be included in the Landscape Maintenance Guidelines (the "LMG") B. Data Review and Field Reconnaissance C. Field reconnaissance Task III: Development of LMG Scope of Work A. Identification and Documentation of areas to be included in the LMG B. Landscape Maintenance Schedule and Specification Document • Schedule identifies landscape typologies and the level/occurrence of maintenance tasks by typology • Mowing, Edging & Trimming, Shrub Pruning, Mulching, Weeding, Tree Pruning, Fertilization, Pest Scouting and Treatment, Irrigation system Checks & Repairs, Trash Pick-up & Hardscape cleaning, Invasive/Exotic Removal • Specifications describe in detail the identified maintenance tasks. • Preparation of a methods to monitor the maintenance of landscaping C. Client (Village) Review D. Incorporation of comments and recommendations E. Attendance at Village Council meetings: 4 Task IV: Landscape Maintenance Guidelines Document A. Submittal of Draft LMG Document B. Client (Village) Review and Comments C. Revisions to Draft Document D. Submittal of Final LMG Document Task V: Request for Proposals A. Preparation of a Request for Proposals B. Evaluation and Recommendation of landscape maintenance company The Village of Key Biscayne will prepare all forms associated with the above described Request for Proposals Document. EXHIBIT "B" FEES As provided in Section 2 above, total fees shall not exceed Forty Two Thousand Five Hundred ($42,500.00) Dollars. The basis upon which these fees were calculated is as follows: Wallace Roberts & Todd, LLC and its team of specialists, will provide the above Professional Services for a total Lump Sum Fee of $42,500.00. The following is a breakdown of the proposed fee by Task and CONSULTANT specialist. Fee Breakdown by Task: Task I: Identify Project Parameters $ 1,500.00 Task II: Data Gathering $10,500.00 Task III: Development of LMG Scope of Work $13,000.00 Task IV: Landscape Maintenance Guidelines Document $14,500.00 Task V. Request for Proposal $ 3,000.00 Fee Breakdown by Firm: Wallace Roberts & Todd, LLC $17,500.00 Horticultural subconsultant — Lisa Hammer $15,000.00 Irrigation Design Services $10,000.00 F:\103001\Agreements\New Agreement for Professional Services 9.16.05 -10-