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HomeMy WebLinkAboutDocumentation_Regular_Tab 08_04/08/2010i~R r y 1. VILLAGE COUNCIL MEETING: VILLAGE OF TEQUESTA AGENDA ITEM TRANSMITTAL FORM Meeting Date: April 8, 2010 Meeting Type: Regular Ordinance #: Consent Agenda: Yes Resolution N/A Originating Department: Finance 2. AGENDA ITEM TITLE: (Wording form the SUBJECT line of your staff report) Approve proposal for landscape design at Tequesta bridge from Gentile et.al for $2,800., and exception to purchasing policies requiring three bids. 3. BUDGET /FINANCIAL IMPACT: Account #: 301-315-662.633 Amount of this item: $2,800 Budgeted: No Budget Amount Requested: $2,800 Budget Amendment Required: Yes Appropriate Fund Balance: No 4. EXECUTIVE SUMMARY OF MAJOR ISSUES: (This is a snap shot description of the agenda item) Approve proposal for landscape design at Tequesta bridge from Gentile et.al for $2,800., and exception to purchasing policies requiring three bids. 5. AF'F'KUVALS: ~~ ~~ Dept. Head: Finance Director: ~ v G`"~ Attorney: (for legal sufficiency) Yes ^ No ^ Village Manager: • SUBMIT FOR COUNCIL DISCUSSION: ^ • APPROVE ITEM: ^ • DENY ITEM: ^ MEMORANDUM ~a""!"~rr..r CE DEPARTMENT DATE: APRIL 1, 2010 TO: MICHAEL R. COUZZO, VILLAGE MANAGER FROM: JOANN FORSYTHE, FINANCE DIRECTOR RE: APRIL AGENDA ITEM: APPROVE CONTRACT WITH GENTILE, HOLLOWAY, O'MAHONEY & ASSOCIATES FOR LANDSCAPE DESIGN AT TEQUESTA BRIDGE I am requesting the proposal from Gentile, Holloway, O'Mahoney & Associates for landscape design at Tequesta Bridge be placed before the Village Council for approval. As we discussed, the Village's purchasing policies were approved by the Village Council and requires, "Purchases of J'2.000 but lerr than ,P5.000 shall require at least three verbal quotes, which shall be recorded in a quotation memo." The attached proposal (and purchase requisition) is in the amount of $2,800 and does not include three quotes. As I understand, staff is requesting the Village Council to grant an exception to the quotation requirement based on the vendor having special knowledge and experience with this service as well as an understanding of the desires of the Village residents that this work might impact. As the purchasing policies were approved by the Village Council, as the policies do not allow for an exception to the policies, I am requesting that this request for an exception to the policy be brought before the Village Council for approval. 4/1/1012:14 PM No Text !" ', ~~~ ,. i .;:,;.~ GENTILE George G.GcntNe,FASLA • HOLLOWAY . M. TroyNOuowdy.ASLA O'MAHt7NEY .,_ En,ayolVlai,aney,AStA i . .. ~ ' : {.31:[tSCdi'1C ArGllltef.7 5 ~ - - '. - Plannrr=dndEnvironnu:ncal ~- Lonsult'~nts • LC-OOOGI"T7 March 25, 2010 < _. ; Mr. Michae{ R: Couzzo, Jr. Village of Tequesta , 345 Tequesta Drive - Tequesta, FL'.33469 '. Re: Fgr da enf for Professional Landscape ArchitecturafServices for `the Tequesta Bridge in'Tequesta ,: :., Job # 10-0309 _, .Dear Mr- Couzzo: `~ _ ' : _ ~, -.. , • Thank you forallowing us tn. present this proposal for consulting services for landscepIng of the new Tequesta "° fridge on Tequesta Drive. We understand you would tike GHO to provide ~planiing design fo,r the new bridge including beyond the bridge approximately one {] }`~esidentlal lot on both the east and wesk side of the new bridg. ' - We look forward to :working with you on this endeavor. We make and entered this Agreement as ofithis 25th day of March, 2010 by the Village of Tequesta {the Client} and Gentile Holloway O'Mahoney.8~ Associates, Inc:°(the:Consultani)_ ~• , '.. 1.. Arc reement for Services: ~ ` The Consultant a rees to rovide desi nand tannin services to the Client as more fupy described i the Scope `of Work, and the Client ag ees to ompe sate the Consultant forthose services cinder thn e terms of this;AgreemenL The`ConsultanYs services'shall be performed in a manner consistentwith.that ' degree of skill and, care ordinarily exercised by.'pracbcing,.design protessionats'performing similar services in the-same locality, at the same site-and ur}der the same or`similar-circumstances and y conditions_ Ttle'Consultant makes no other representations or Warranties, wheiherexpressed orimplied, with respect to the services rendered hereunder. ' 2 Scone of Work: ; ' .: ~Fhe Parties agree that the Scope of Work that the Landscape Architect shall do for the Clierl# shall be . ' - defined. as follows: ` _ > . _ ,. ._ ` - ., .. A. CONCEPTUAL DESIGN- The Landscape Architect shall prepare Conceptual Design Plan(s) of - .. the subject property based upon'the Client program, site constraints, cultural conditions and professional de„sign experiise..'S, aid plans shall 'delineate the.exlsting-.plant material,and the ` proposed landscape plant massing and trees to convey, in a;general manner, tFle landscape design concept as envisioned, bythe. LandscapeArchitecL These plans shalt be presented to ;; the Client With.. preliminary~,cost. estimates` at .which time commer!!s and changes .will be incorporated into the ,final landscape and construction:drawings .Orie ..(1 }~sita; one (1) Village , .:. " 'Council meeting and two (2) client meetings (6 hours maximum) are included in this portion of ~ '.- -" the:contract_ _ , ; :. ; B. CONSTRUCTION DOCUMENTATION: '1. FINAL LANDSCAPE PLAN: The`Lahdscape Architect shall prepare a Fjnal Landscape ' ' .Construction Drawing~for said project at a scale to be determined by the Landscape Architect.- ' i ' The document shag delineate an,d locate alb proposed and existing landscape plantings. The_ . _~. ` plan shall be suitable for construction of the proposed landscape,design. Said Landscape ' plans, based upon the approved concept, shall delineate the proposed planting in detail and ~, will.,lnclude type, size,: spacing and Florida grade of all planis at the time of.planting. It will be }J07 Commerce Erne 5~il:q i01 _ Jupr`wr, Flcma_3 3_°r=F58 561-5'T5-557 t 5G1-575-5260 FnX . - :. -vnvav.lvnd5cape=ar6ituts.com , ~ ~ -~ ~ .. _ " '.. y ' k,~ - { .. Village of Tequesta - _ ~ .: Landscaping for Bridge - ~ - Project fVo. 10-0309. - .. . . March 25, 2010 ~ " Page2of5 - submitted to the Client for a final review and comment. - C. ADDITIONAL SERVICES: The Landscape. Architect shall provide additional services upn» written authorizationhy .the Client under this Agreement and shalt include; but not be limited to the following: 1. • Specimen plant location and selection. 2. Landscape maintenance program ~ _ 3. ivteeting time (With Client) beyand the scope of the work. . ' 4: Major changes, fo the design after Client approval of the conceptual stage, that are -not the direct responsibility of the Landscape Architect. ' . 5.. Construction detailing for hardscape elements except as noted. fi. Bidding and Negotiations: - 7, Additional ViBage'Council Meeting. . - 8. Irrigation Design. 9. Constreictlon.Observafion services. .. - - 3. Com ensation: A. Compensation for services rendered by the Landscape Architect, Scope of Work, Items A 8~ B, shall be a-fixed fee .of Two Thousand Eight Hundred Dollars ($2,800.00) plus reimbursable '` ' expenses. - - B. Compensation for services rendered by the Landscape Architect; Scope of Work; items C-shall be - hourlybased upon the fohowing hourly rates plus reimbursable expenses as described fierein. 4 ' ` ~ 1. Sr. Principal #ime at an hourly rate of.One Hundred Eighty-fide Dollars {$185.00) an ' hour. - . - 2. Principal time at an hourly rate of One,Hundred Seventy-l=ive Dollars {$175.00) an _ hour. : _ - 3. Director of PtanninglSr. Assaciate time at an hourly rate of One Hundred Fifty Dollars ' ;{$15D,00) an hour. 4. Sr:,Landscape ArchitectlSr. Associate time at an hourly rate of One Hundred Thirty- _ Five Dallars ($135.00) an hour. ~ _ 5_ Sr. Planner time at an hourly rate of One Hundred Ten Dallars ($110.00) an hour. 8. Sr. Landscape: Architect at an hourly rate of One Hundred Dollars {$100.00) an hour. 7. `.Landscape Architect time at an hourly rate of Ninety-Five Dollars ($95.00) an hour. _ 8: Landscape' Designer2 time at an hourly rate of Eighty=Five Dollars ($85.00} arrhbur. 9. L-andscape Deslgnerl time at an hourly rate of Seventy Dotl.ars ($70.Op) an hour: 10: Planoerl time at an hourly rate of Seventy-Five Dollars ($75.OD) an hour. 11. Technician2. time at an. hourly rate of Fifty Dollars ($50.OD) an hour. - 12. Technician) time at an hauriy rate of Farty-Five Dollars ($45.00) an bout. ~ 3. _ `Administrator time at an hourly rate of Twenty Five Dollars ($25:OOjan hour. 'With thirty day notice hourly rates may be increased to current compensation levels. 4." Reimbursable Ex enses: , . - `Reimbursable expenses include actual expenditures made by the Landscape Architect in the ` .performance of the Scope of W ork for: a) expense of transportation and living expenses concerning out- - of-town travel, authorized by the Client; b) expense of transportation concerning local travel, billed to - Client at the current IRS rate; c} long distance communisations; d) fees paid for securing approval of . `authorities hayingjurisdiction overthe subject.project; e) renderings and models requested bythe Client provided outside Landscape. Architect's office; f) postage and handling of drawings and specifications;.g) printing and reproductions; h) expense of any additional insurance coverage or limits, including professional liability insurance requested by the Client more than That normally carried by the Landscape - Architect; `. U:IGLIENT PROPOSAL51TequestalTequesta Drive BridgelLandscape ContracLdoc . ' - Village of Tequesta . Landscaping far Bridge - . Project No. 10-0309 - . March 25, 2010 - Page 3 of 5 $. Client's Resaonsibilities- .- ; The Client shall be respgrisible for the following: , A• `The Client shall provide fuG information concerning the Scope of Work; shall set forth the Client's objecfives, restraints and criteria. - ' _ 8. The Client shall provide-the Consultant with a certified copy of a survey. The Gonsultant shall _ .rely on the, accuracy of this survey in the performance of his work under.this Agreement. C- The Clien[ shall provide the Consultant with all other engineering studies, environmental assessment reports and architectural drawings as'may be necessaryforsubmission to the local governments having jurisdiction over the development of the property. The Consultant shall _ rely on the accuracy of these hems in the performance of his work. Said studies may include. . but not limited ta: - _ , - ~ L Sail reports. - 2. Architectural floor plans and elevations. - 3. Full set of architectural construction documents incfud_ing ]ocaiion of al! utilities. 4. Traffic impact analysis/shared parking study. 5. .Drainage analysts. 6'. Hazardous waste assessment, if required. "' • 7. Vegetation assessment and tree survey. - D. The Client shall be responsible for the review of all correspondence from all Agencies having jurisdiction overthe subject project andlorproperty_ They shall inform the Consultant ~in writing as to the acceptance of all proposed conditions of approval from said Agencies prior to final - Public Hearings :and . Fresentatians..Failure of the Client to review and respond to the _ - Consultant in writing shall be deemed by the Consultant that they agree with all conditions. ~! They-shall hold harmless the Consultant in furtheractions regarding said conditions of approval .6. Pa ment far Services: ~_ - - ~ The Consultant shall bill the Client for-its services and reimbursable costs due under this Agreement at - such times as !t shall deem proper:, All invoices are due and• payable upon receipt by the Client. _ interest, at agate of 1.8% per month, shall-accrue on invoices outstanding more than 3l} days.- The _ Gonsultant wilt stop all work per this Agreement on invoices past due 3t} days., Work will not commence •' ~ j un#il all past due invoices are paid in full The Consultant assumes no responsibility for damages, either fnancial, physical or other, because of work being stopped. i - 7. • Termination of A reement: - -This Agreement is terminable anytime upon notice of the Clieni'or the Landscape Architect to the other .party. •Termination of this Agreement, however, shall not relieve the Client of any responsibility for payment for any~services,performed,by the Landscape Architect.before~receipt of the notice of . - termination. B. Miscellaneous Provisions - A. .This Agreement is governed by the taw of the Landscape Architect's Principal place Business. - B. This Agreement is-the entire and integrated agreement between the Client and the Landscape ' Architect and supersedes all prior negotiations; statements or agreements, either written o~oral. I ' The parties may amend this agreement only.by a written instrument signed by both. the Client - ~ and the Landscape Architect. ~ ,. • - i ' f. . U,ICLIENT PROPQSALS1TequestalTequesta Drive BridgelLandscape Contract.doc ~ ` Village of Tequesta - . - . .Landscaping for Bridge -" _ ' Project No. 10-0309 . March 25, 2010 ..page 4 of 5 C: In the event that any term or provision of this agreement is found-to be unenforceable or invalid for any reason, the remainder of this agreement shalt continue.in full force and effect, and the -parties agree that any unenforceable or invalid term or provision shall be amended to the - minimum extent required to make such term or provision enforceable and valid. `- _ , t]. Neither the Client nor the Landscape Architect shall.assign this agreement without the written cor}sent of the other. • E. .Irrespective of any other term in this agreement, fhe Landscape Architect shall not be - • responsible for construction means, • methods, techniques, schedules; sequences, or procedures; or for construction safety, or any other related programs; or for another party's `:failure to complete their work or services in accordance.-with the Landscape Architect's documents. - • F. Client agrees to indemnify, defend and hold harmless the Landscape Architect from and against any and all claims; liabilities, suits, demands,.losses,.costs and expenses, including, but not limited to, reasonable attorneys; •fees and all legal expenses and fees.incurred.through appeal, • and alt Interest thereon, accruing or resulting to any and all persons, firms or any other legal ~ ` entities on account of any damages orlosse$ to property or persons, including injury or death, or ` 'economic losses, arising out of the Project and/pr this agreement, except that the Landscape Architect shall not be entitled to be indemnifred to the extent such damages or losses are found . lay a court or forum of competent jurisdiction to be caUSed by the Landscape Architect's errors or omissions. i • i • _ _ G. Should any legal proceeding be commenced between the parties to this agreement seeking to _ ,.enforce any of its provisions, including, but not limited to, fee provisions, the prevailing party in _ -such proceeding shall be entitled, in addjtion to such other relief as may be granted, to a reasonable sum for attorneys' and expert witnesses' fees, which shall be determined by the . ` court or farum in such a proceeding or in a separate action brought for that purpose.. l•i. -The Client and the Landscape Architect waive consequential damages for any claims, disputes I - or other matters in question arising out of or relating to this agreement. The Landscape . Architect's waiver of consequential damages, however, is contingent upon the Client requiring .. .the contractor and its subcontractors to waive all consequential damages against the.Landsgpe . Architect for claims, disputes or other matters in question arising out of or relating to the project. f. ;To the extent that damages are covered by property insurance during construction, the Client grid Landscape Architect waive al! .rights against -.each other and against the contractors, • :consultants, agents, and employees of the other for such damages.' The Client or Landscape Architect, as appropriate, shalt require of the contractors, consultants, agents and employees of any of ahem similar.waivers in favor or.the other parties described in this paragraph.. , . J. The Client acknowledges and agrees that proper Project maintenance'is required after the Project is complete: A lack of improper maintenance for this Project may result in.damage to property and -0r persons. -The Client further acknowledges that, as between. parties to this ` .agreement, the Client is safely responsible for the • results of any .lack .'of or improper - _• maintenance. K. Nothing in this agreement shall create a contractual relationship forthe benefit ofany third party.'. l < - ,_ - . • _ - 9. Extent of Agreement: _ - _ I This Agreement represents the entire Agreement between the Client and the Landscape Architect { • I _ _ . • U:(CLIENT'PROPOSALS1TequeslalTequesta Drive Bridgelt.andscape CoMract_doc ` No Text