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.
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MAYOR ROBERT OLDAKOWSKI
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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
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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
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VILLAGE OF KEY BISCAYNE
AGREEMENT FOR PROFESSIONAL SERVICES
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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.
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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
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