2005-034
RESOLUTION NO. 2005- 34
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, APPOINTING THE FIRM
OF O'LEARY RICHARDS DESIGN ASSOCIATES, INC. TO
PERFORM PROFESSIONAL LANDSCAPE ARCHITECT
SERVICES; AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED AGREEMENT FOR
PROFESSIONAL SERVICES; AGREEING TO THE
NEGOTIATED SCOPE OF SERVICES AND FEES
CONTAINED IN SAID AGREEMENT; AND PROVIDING
FOR AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The firm of O'Leary Richards Design Associates, Inc. is hereby
appointed to perform Professional Landscape Architectural Services on behalf of the
City of Aventura.
Section 2. The City Manager is hereby authorized to execute the attached
agreement for professional services by and between the City and O'Leary Richards
Design Associates, Inc. and whereby the City agrees to the negotiated scope of
services and fees as contained in Exhibit "A".
Section 3.
adoption.
This Resolution shall become effective immediately upon its
The foregoing resolution was offered by Commissioner Joel, who moved its
adoption. The motion was seconded by Commissioner Diamond. and upon being put
to a vote, the vote was as follows:
Commissioner Bob Diamond
Commissioner Harry Holzberg
Commissioner Billy Joel
Commissioner Michael Stern
Commissioner Luz Urbaez Weinberg
Vice Mayor Zev Auerbach
Mayor Susan Gottlieb
yes
yes
yes
yes
yes
yes
yes
Resolution No. 2005-34
Page 2
PASSED AND ADOPTED this 6th day of July, 2005.
APPROVED AS TO LEGAL SUFFICIENCY:
CITY A.!:!.~ ~
AGREEMENT BETWEEN THE CITY OF AVENTURA and
O'LEARY RICHARDS DESIGN ASSOCIATES, INC. for
PROFESSIONAL LANDSCAPE ARCHITECTURAL
SERVICES
THIS AGREEMENT is entered into this 6th day of July, 2005 between: CITY OF
AVE NTU RA, a municipal corporation of the State of Florida, its successors and
assigns, hereinafter referred to as "CITY",
AND
O'Leary Richards Design Associates, Inc. a Florida Corporation, its successors and
assigns, hereinafter referred to as "CONSULTANT".
WITNESSETH, in consideration of the mutual terms and conditions, promises,
covenants and payments hereinafter set forth, CITY and CONSULTANT agree as
follows:
ARTICLE 1
DEFINITIONS AND IDENTIFICATIONS
For the purposes of this Agreement and the various covenants, conditions, terms and
provisions which follow, the definitions and identifications set forth below are assumed
to be true and correct and are therefore agreed upon by the parties.
1.1
1.2
1.3
1.4
CONTRACT ADMINISTRATOR: Whenever the term "CONTRACT
ADMINISTRATOR" is used herein, it is intended to mean the City Manager or
designee. In the administration of this Agreement, all parties may rely upon
instructions or determinations made by the CONTRACT ADMINISTRATOR.
CONSTRUCTION CONTRACTOR: The person(s), firm(s), corporation(s) or
other entity who enters into an agreement with CITY to perform the
construction work desired by CITY relating to PROJECT.
CONSULTANT: O'Leary Richards Design Associates, Inc., which is the
professional organization with whom CITY has contracted for the performance
of professional landscape architecture services pursuant to this Agreement.
CITY: City of Aventura, Florida, a body corporate and politic and a municipal
corporation of the State of Florida.
1.5
1.6
1.7
NOTICE TO PROCEED: A written statement issued by the CONTRACT
ADMINISTRATOR directing CONSULTANT to begin work.
PROJECT: The nature of the PROJECT includes landscape architecture, site
planning, studies, surveys, pre-design, design, permitting, bid/award, cost
estimating, program/project management, construction observation and
supervision, environmental studies, grant management assistance and other
professional services as required, GIS database development and assistance
programming, and other projects as assigned. This includes, but is not limited
to, work performed for CITY buildings, lands, park facilities, utilities, right-of-
way, beautification purposes, and regulatory matters. The term "lands"
includes land or property proposed to be acquired or sold.
REIMBURSABLES: Whenever the term REIMBURSABLES is used herein, it
is intended to mean actual expenses directly related to the performance of the
services as set forth in this Agreement. REIMBURSABLES are limited to:
a.
Identifiable expenses of transportation in connection with the PROJECT
subject to the provisions and limitations for public agencies established
in Chapter 112, Florida Statutes. Automobile travel inside Broward,
Miami-Dade and Palm Beach Counties is not reimbursable. Surface
travel outside Florida and all air travel will be reimbursed only when prior
written approval for such expense has been given by CONTRACT
ADMINISTRATOR. Rental cars shall be mid-sized or smaller.
b.
Identifiable per diem, meals and lodgings, taxi fares and miscellaneous
travel-connected expenses for CONSULTANTs personnel subject to the
limitations of Chapter 112, Florida Statutes.
c.
Identifiable communication expenses for express mail charges.
d.
Identifiable cost of printing reproduction and aerial photography.
e.
Identifiable testing costs.
f.
Permit application fees. All fees paid to regulatory agencies for
approvals directly attributable to the PROJECT. These permit fees do
not include those permits required for the CONSTRUCTION
CONTRACTOR.
Reimbursable subcontractor expenses are limited to the items described above
when the subcontractor incurs authorized reimbursable expenses.
Notwithstanding anything to the contrary in the Agreement, all
REIMBURSEMENTS which exceed Five Hundred Dollars ($500.00) shall be
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1.8
1.9
approved, in writing, by the CONTRACT ADMINISTRATOR prior to incurring
the expenditure. Failure to comply with this provision shall result in the waiver
of the REIMBURSABLES.
BilLING RATE: Whenever the term BilLING RATE is used herein, it is
intended to mean average base salaries and wages paid to personnel by
employee category engaged directly on the PROJECT, including all fringe
benefits, overhead and profit. BilLING RATE by employee category are
shown on EXHIBIT "An.
LANDSCAPE ARCHITECT ASSISTANCE: Whenever the term LANDSCAPE
ARCHITECT ASSISTANCE is used herein, it is intended to mean those
professional services provided to CITY on a day-to-day basis for specific tasks
provided the estimated CONSULTANT cost for specific task does not exceed
Fifteen Thousand Dollars ($15,000.00). Typical tasks include response to field
or landscape problems, attendance at meetings, telephone calls, review of bids
and providing day-to-day assistance as required to respond to landscaping
issues, utility operations or field problems.
a.
CITY shall describe the Task to be undertaken by CONSULTANT.
b.
CONSULTANT shall agree upon a level of effort and employee category
to be assigned to the specific Task, and provide CITY with a proposal for
the work.
c.
CITY shall authorize CONSULTANT, in writing, to provide professional
services requested for the specific Task.
d.
CONSULTANT shall be reimbursed by CITY at the BILLING RATE
payable for each CONSULTANT's employee category shown on Exhibit
"An.
1.10 WORK AUTHORIZATION: Whenever the term WORK AUTHORIZATION is
used herein, it is intended to mean professional services related to specific
projects identified by CITY for which the estimated CONSULTANT cost
exceeds Fifteen Thousand Dollars ($15,000.00).
The authorization issued by CITY shall contain the following information and
requirements:
a.
A description of the work to be undertaken and method of compensation
with reference to the appropriate paragraphs of this Agreement.
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b.
A budget establishing the amount of compensation to be paid, which
amount shall constitute a guaranteed maximum, or a lump sum at the
CONTRACT ADMINISTRATOR's sole discretion, and shall not be
exceeded unless prior written approval of CITY is obtained. The
information contained in the budget shall be in sufficient detail so as to
identify the various elements of costs, and the adequacy of such budget
information shall be subject to the approval of CITY.
c.
A time established for completion of the work or services undertaken by
CONSULTANT or for the submission to CITY of documents, reports and
other information pursuant to this Agreement. The time established for
performance shall be subject to the approval of CITY; however, the time
may, in the sole discretion of CITY, be extended upon justification of
CONSULTANT that additional time is necessary for performance.
Failure on the part of CONSULTANT to comply with the time established
for performance may result in the termination of this Agreement.
d.
WORK AUTHORIZATIONS shall be dated and serially numbered.
ARTICLE 2
PREAMBLE
In order to establish the background, context and frame of reference for this
Agreement and to generally express the objectives and intentions of the respective
parties herein, the following statements, representations and explanations shall be
accepted as predicates for the undertakings and commitments included within the
provisions which follow and may be relied upon by the parties as essential elements
of the mutual considerations upon which this Agreement is based.
2.1
2.2
CITY has met the requirements of the Consultants' Competitive Negotiation
Act, as set forth in Section 287.055, Florida Statutes, and has selected
CONSULTANT to perform the work of the specified nature as outlined in this
Agreement. Accordingly, this Agreement qualifies as a "continuing contract"
under section 287.055 (2) (g), F.S.
Negotiations pertaining to the services to be performed by CONSULTANT were
undertaken between CONSULTANT and CITY, and this Agreement
incorporates the results of such negotiations.
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3.1
3.2
4.1
ARTICLE 3
SCOPE OF SERVICES
The Scope of Services required to be performed by CONSULTANT shall be
identified under one of the following procedures:
LANDSCAPE ARCHITECT ASSISTANCE for specific "day-to-day" work Tasks
as requested by CITY and agreed to by CONSULTANT.
Professional Services for a PROJECT as set forth in a WORK
AUTHORIZATION. CONSULTANT shall provide all services as set forth in the
WORK AUTHORIZATION including, without limitations, all necessary,
incidental and related activities and services required.
CONSULTANT and CITY acknowledge that a WORK AUTHORIZATION does
not delineate every detail and minor work Task required to be performed by
CONSULTANT to complete a 'PROJECT. If, during the course of the
performance of a WORK AUTHORIZATION, CONSULTANT determines that it
should perform work to complete a PROJECT which is outside the level of
effort originally anticipated, CONSULTANT will notify CONTRACT
ADMINISTRATOR in writing in a timely manner before proceeding with the
work. If CONSULTANT proceeds with said work without notifying CONTRACT
ADMINISTRATOR as provided in Article 6, said work shall be deemed to be
within the original level of effort, whether or not specifically addressed in the
WORK AUTHORIZATION. Notice to CONTRACT ADMINISTRATOR does not
constitute authorization or approval by CITY. Performance of work by
CONSULTANT outside the originally anticipated level of effort without prior
written CITY approval is at CONSULTANTs sole risk.
ARTICLE 4
TIME OF PERFORMANCE
In the event CONSULTANT is unable to complete performance of services
because of delays resulting from untimely review and approval by
governmental authorities having jurisdiction over a PROJECT, or by
CONSTRUCTION CONTRACTOR and such delays are not the fault of
CONSULTANT, CITY shall grant a reasonable extension of time for completing
the work. It shall be the responsibility of CONSULTANT to notify the
CONTRACT ADMINISTRATOR promptly in writing whenever a delay is
anticipated or experienced, and to inform the CONTRACT ADMINISTRATOR
of all facts and details related to the delay.
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4.2
4.3
5.1
The CONSULTANT shall make every reasonable effort to respond within two
(2) hours to requests, but under no circumstances, shall response time exceed
four (4) hours, unless otherwise approved by the CONTRACT
ADMINISTRATOR.
CONSULTANT shall provide CITY with a current up-to-date phone contact list
of personnel at all times.
ARTICLE 5
COMPENSATION AND PAYMENT
CITY agrees to pay CONSULTANT as compensation for performance of all
approved LANDSCAPE ARCHITECT ASSISTANCE services required under
the terms of this Agreement at those BILLING RATES described in Article 1.8
and to reimburse CONSULTANT for REIMBURSABLES as described in Article
1.7, plus subcontractor fees pursuant to paragraph 5.6 for approved
LANDSCAPE ARCHITECT ASSISTANCE service. The BILLING RATES
payable by CITY for each CONSULTANT's employee categories is shown on
Exhibit 'An. Total compensation for a specific work task under LANDSCAPE
ARCHITECT ASSISTANCE shall not exceed Fifteen Thousand Dollars
($15.000.00).
5.2
CITY agrees to pay CONSULTANT as compensation for performance of all
services as related to a WORK AUTHORIZATION required under the terms of
this Agreement at those BILLING RATES described in Article 1.8 plus
subcontractor fees pursuant to paragraph 5.6, up to the guaranteed maximum
payment to be negotiated and stated in the WORK AUTHORIZATION and to
reimburse CONSULTANT for REIMBURSABLES as described in Article 1.7 up
to the guaranteed maximum payments to be negotiated in the WORK
AUTHORIZATION, for a total guaranteed maximum stated in the WORK
AUTHORIZATION. It is understood that the method of compensation is that of
'guaranteed maximum" which means that CONSULTANT shall perform all
services set forth for total compensation in the amount of or less than that
stated in the WORK AUTHORIZATION. The BILLING RATES payable by
CITY for each Consultant's employee categories is shown on Exhibit "An.
5.3
CONSULTANT shall submit billings, which are identified by the specific Task,
authorized under LANDSCAPE ARCHITECT ASSISTANCE on a monthly basis
in a timely manner for all LABOR and REIMBURSABLES attributable to the
Task. These billings shall identify the nature of the work performed, the total
hours of work performed and the employee category of the individuals
performing same. Billings shall itemize REIMBURSABLES by category and
identify same as to the work personnel incurring the expense and the nature of
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5.4
5.5
5.6
5.7
the work with which such expense was associated. Where prior written
approval by CONTRACT ADMINISTRATOR is required for REIMBURSABLES,
a copy of said approval shall accompany the billing for such
REIMBURSABLES. External REIMBURSABLES and subcontractor fees must
be documented by copies of invoices or receipts, which describe the nature of
the expenses and contain a project number or other identifier, which clearly
indicates the expense, is identifiable to a Task.
CONSULTANT shall submit billings that are identified by the specific
PROJECT and WORK AUTHORIZATION number on a monthly basis in a
timely manner for all LABOR and REIMBURSABLES attributable to a
PROJECT. These billings shall identify the nature of the work performed, the
total hours of work performed and the employee category of the individuals
performing same. Billings shall itemize REIMBURSABLES by category and
identify same as to the work personnel incurring the expense and the nature of
the work with which such expense was associated. Where prior written
approval by CONTRACT ADMINISTRATOR is required for REIMBURSABLES,
a copy of said approval shall accompany the billing for such
REIMBURSABLES. The statement shall show a summary of LABOR COSTS
and REIMBURSABLES with accrual of the total and credits for portions paid
previously. Copies of invoices must document external REIMBURSABLES and
subcontractor fees or receipts that describe the nature of the expenses and
contain a project number or other identifier that clearly indicates the expense is
identifiable to a PROJECT. Internal expenses must be documented by
appropriate CONSULTANT's cost accounting forms with a summary of charges
by category. When requested, CONSULTANT shall provide backup for past
and current invoices that records hours and hourly rates by employee
categories, REIMBURSABLES by category and subcontractor fees on a Task
basis, so that total hours and cost by Task may be determined.
Notwithstanding anything in paragraphs 5.1, 5.2, 5.3 and 5.4, at the
CONTRACT ADMINISTRATOR's option, the contract method of payment may
be a lump sum amount for a specific, detailed scope of services. For lump sum
contracts, CONSULTANT shall invoice based upon percentage of work
complete. Supporting information shall be provided to document the estimate
of completion percentage.
CONSULTANT shall bill identifiable subcontractor fees at the actual fees paid
by CONSULTANT.
CITY agrees that it will use its best efforts to pay CONSULTANT within thirty
(30) calendar days of receipt of CONSULTANT's proper statement as provided
above. The parties shall comply with section 218.70, F.S., et seq. the Prompt
Payment Act.
7
5.8
6.1
6.2
7.1
Payment will be made to CONSULTANT at:
O'LEARY RICHARDS DESIGN ASSOCIATES, INC.
11400 S.w. 107 AVENUE
MIAMI, FL 33176
ARTICLE 6
ADDITIONAL SERVICES AND CHANGES IN SCOPE OF SERVICES
Services related to an LANDSCAPE ARCHITECT ASSISTANCE Task which
would increase, decrease or which are outside the level of effort agreed upon
by CITY and CONSULTANT shall be services for which CONSULTANT must
obtain prior written approval of CITY before compensation can be paid.
Services related to a WORK AUTHORIZATION which would increase,
decrease or which are otherwise outside the Scope of Services or level of effort
contemplated by a WORK AUTHORIZATION shall be services for which
CONSULTANT must obtain the prior written approval from CITY before
compensation can be paid. All terms for the performance of such services
must be agreed upon in writing in a document of equal dignity herewith prior to
any deviation from the terms of a WORK AUTHORIZATION, and when properly
executed shall become an Amendment to the WORK AUTHORIZATION.
ARTICLE 7
CITY'S RESPONSIBILITES
CITY shall assist CONSULTANT by placing at CONSULTANT's disposal all
information it has available pertinent to the PROJECT including previous
reports and any other data relative to a PROJECT. It shall be CONSULTANT's
sole responsibility to physically retrieve said information.
7.2
CITY shall arrange for access to make all provisions for CONSULTANT to
enter upon public and private property as reasonably required for
CONSULTANT to perform its services under this Agreement.
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8.1
8.2
8.3
ARTICLE 8
MISCELLANEOUS
OWNERSHIP OF DOCUMENTS: All sketches, tracings, drawings,
specifications, designs, design calculations, details, models, photographs,
reports, surveys and other documents, plans and data that result from
CONSULTANT's services under this Agreement or that is provided in
connection with this Agreement shall become and shall remain the property of
CITY. Copies of all AutoCAD and other similar software files shall be provided
to CITY. CONSULTANT shall be entitled to keep a copy of such items for
record purposes. However, no changes or revisions to the documents or data
furnished by CONSULTANT shall be made by CITY unless CONSULTANT'S
name and professional seal are removed from such changed or revised
materials.
TERMINATION: This Agreement may be terminated by CONSULTANT for
cause, or by CITY for any reason with or without cause, upon thirty (30) days
written notice from the terminating party to the other party. In the event of such
termination, CONSULTANT shall be paid its compensation for services
performed to termination date, including all REIMBURSABLES then due or
incurred to termination date. In the event that CONSULTANT abandons this
Agreement or causes it to be terminated by CITY, CONSULTANT shall be
liable to CITY for any loss pertaining to this termination. All finished or
unfinished sketches, tracings, drawings, specifications, design, design
calculations, details models, photographs, reports, surveys and other
documents, plans and data that result from CONSULTANT's services under
this Agreement shall become and shall remain the property of CITY and shall
be delivered by CONSULTANT to CITY.
RECORDS: CONSULTANT shall keep such records and accounts and require
any and all consultants and subcontractors to keep records and accounts as
may be necessary in order to record complete and correct entries as to
personnel hours charged to the PROJECT and any expenses for which
CONSULTANT expects to be reimbursed. Such books and records will be
available at all reasonable times for examination and audit by CITY and shall
be kept for a period of three (3) years after the completion of all work to be
performed pursuant to this agreement. Incomplete or incorrect entries in such
books and records will be grounds for CITY's disallowance of any fees or
expenses based upon such entries.
8.4
EQUAL OPPORTUNITY: CONSULTANT agrees that it will not discriminate
against any employee or applicant for employment for work under this
Agreement because of race, color, religion, sex, age, national origin or
disability and will take affirmative steps to ensure that applicants are employed
9
8.5
8.6
8.7
8.8
and employees are treated during employment without regard to race, color,
religion, sex, age, disability or national origin. This provision shall include, but
not be limited to, the following: employment, upgrading, demotion or transfer;
recruitment advertising; layoff or termination; rates of payor other forms of
compensation; and selection for training, including apprenticeship.
CONSULTANT agrees to furnish CITY with a copy of its Affirmative Action
Policy, if requested.
NO CONTINGENT FEES: CONSULTANT warrants that it has not employed or
retained any company or person, other than a bona fide employee working
solely for CONSULTANT, to solicit or secure this Agreement and that it has not
paid or agreed to pay any person, company, corporation, individual or firm,
other than a bona fide employee working solely for CONSULTANT, any fee,
commission, percentage, gift, or other consideration contingent upon or
resulting from the award or making of this Agreement. For the breach or
violation of this provision, CITY shall have the right to terminate the Agreement
without liability, and, at its discretion, to deduct from the contract price, or
otherwise recover, the full amount of such fee, commission, percentage, gift or
consideration.
SUBCONTRACTORS: In the event CONSULTANT, during the term of this
Agreement, requires the services of any subcontractors, or other professional
associates in connection with services covered by this Agreement,
CONSULTANT must secure the prior written approval of the CONTRACT
ADMINISTRATOR. As part of the approval process, CITY shall require
subcontractor to comply with the terms of this Agreement, specifically but
without limitations, the requirements of this Article 8. CONSULTANT shall be
responsible for obtaining releases from subcontractors at the time the
subcontractors are paid.
ASSIGNMENT: This Agreement, or any interest herein, shall not be assigned,
transferred or otherwise encumbered by CONSULTANT, under any
circumstances, without the prior written consent of CITY. Said consent shall be
at CITY's sole discretion and may be unreasonably withheld.
INDEMNIFICATION OF CITY:
a.
CONSULTANT shall indemnify and hold harmless the CITY, 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.
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8.9
INSURANCE: CONSULTANT shall provide, pay for and maintain in force at all
times during the services to be performed, such insurance, including Workers'
Compensation Insurance, Employer's Liability Insurance, Comprehensive
General Liability Insurance, Business Automobile Liability Insurance and
Professional Liability Insurance, as set forth herein.
United States Treasury approved companies authorized to do business in the
State of Florida, and having agents upon whom service of process may be
made in the State of Florida shall issue such policy or policies. CONSULTANT
shall specifically protect CITY by naming CITY and CITY's officers, agents and
employees as additional insured under the Comprehensive General Liability
Insurance Policy, and Business Automobile Liability Insurance Policy,
hereinafter described. The Professional Liability Policy or certificate shall
reference this Project.
All policies shall provide for a Notice of Cancellation and/or Restriction: The
policy(ies) must be endorsed to provide CITY with thirty (30) days advance
notice of cancellation and/or restriction.
a. Professional Liability Insurance: The limits of liability provided by such
policy shall be no less than Five Hundred Thousand Dollars ($500,000.00).
b. Worker's Compensation Insurance to apply to all employees in compliance
with the Worker's Compensation Law of the State of Florida and all
applicable federal laws.
c.
Comprehensive General Liabilitv Insurance with minimum limits of Five
Hundred Thousand Dollars ($500,000.00) per occurrence combined
single limit for Bodily Injury Liability and Property Damage Liability.
Coverage must be afforded on a form no more restrictive than the latest
edition of the Comprehensive General Liability Policy, without restrictive
endorsements, as filed by the Insurance Services Office, and must
include:
Premises and/or Operations.
Independent Contractors.
Personal Injury Coverage with Employee and Contractual Exclusions
removed with minimum limits of coverage equal to those required for
Bodily Injury Liability and Property Damage Liability.
CITY and CITY's officers, agents and employees are to be named as
additional insureds with respect to liability arising out of operations
performed for CITY by or on behalf of CONSULTANT in connection with
such operation.
11
d.
Business Automobile Liabilitv Insurance with minimum limits of Five
Hundred Thousand Dollars ($500,000.00) per occurrence combined
single limit for Bodily Injury Liability and Property Damage Liability.
Coverage must be afforded on a form no more restrictive than the latest
edition of the Business Automobile Liability Policy, without restrictive
endorsements, as filed by the Insurance Services Office and must include:
Owned vehicles.
Hired and non-owned vehicles.
CITY and CITY's officers, agents and employees are to be named as
additional insureds with respect to liability arising out of operations
performed for CITY by or on behalf of CONSULTANT in connection with
such operation.
e.
CONSULTANT shall provide CITY a Certificate of Insurance or a copy of
all insurance policies required by Section 8.9 including any subsection
thereunder. CITY reserves the right to require a certified copy of such
policies upon request. All endorsements and certificates shall state that
CITY shall be given thirty (30) days notice prior to expiration, cancellation
or restriction of the policy.
8.10 REPRESENTATIVE OF CITY AND CONSULTANT: It is recognized that
questions in the day-to-day conduct of a PROJECT will arise. The
CONTRACT ADMINISTRATOR, upon request by CONSULTANT shall
designate in writing and shall advise CONSULTANT in writing of one or more
CITY employees to whom all communications pertaining to the day-to-day
conduct of PROJECT shall be addressed.
CONSULTANT shall inform CONTRACT ADMINISTRATOR in writing of the
representative of CONSULTANT to whom matters involving the conduct of
PROJECT shall be addressed. CONSULTANT shall, at all times during this
Agreement, have available for consultation or otherwise, an employee who
shall be familiar with all work contemplated under this Agreement.
8.11 WAIVER OF JURY TRIAL: The parties knowingly and expressly waive any right
to a trial by jury in any litigation between the parties in any way arises under this
Agreement.
8.12 ALL PRIOR AGREEMENTS SUPERSEDED: This document incorporates and
includes all prior negotiations, correspondence, conversations, agreements, or
understandings applicable to the matters contained herein and the parties agree
that there are no commitments, agreements, or understandings concerning the
12
subject matter of this Agreement that are not contained in this document.
Accordingly, it is agreed that no deviation from the terms hereof shall be
predicated upon any prior representations or agreements whether oral or
written. It is further agreed that no modification, amendment or alteration in the
terms or conditions contained herein shall be effective unless contained in a
written document executed with the same formality and of equal dignity
herewith.
8.13 NOTICES: Whenever either party desires to give notice unto the other, it must
be given by written notice, sent by United States mail, with return receipt
requested, addressed to the party for whom it is intended, at the place last
specified, and the place for giving notice in compliance with the provisions of
this paragraph. For the present, the parties designate the following as the
respective places for giving notice, to wit:
FOR CITY:
FOR CONSULTANT:
Eric M. Soroka, ICMA-CM
City Manager
City of Aventura
Kathryn O'Leary Richards
President
O'Leary Richards Design Assoc., Inc.
19200 W. Country Club Drive
Aventura, Florida 33180
305-466-8910
11400 S.w. 107th Avenue
Miami, Florida 33176
305-790-7641
8.14 TRUTH-iN-NEGOTIATION CERTIFICATE: Signature on this Agreement by
CONSULTANT shall act as the execution of a truth-in-negotiation certificate
stating that wage rates and other factual unit costs supporting the
compensation of this Agreement are accurate, complete, and current at the
time of contracting. The original contract price and any additions thereto shall
be adjusted to exclude any significant sums by which CITY determines the
contract price was increased due to inaccurate, incomplete, or non-current
wage rates and other factual unit costs. All such contract adjustments shall be
made within one year following the end of this Agreement.
8.15 NON-EXCLUSIVE AGREEMENT: The services to be provided by
CONSULTANT pursuant to this Agreement shall be non-exclusive and nothing
herein shall preclude CITY from engaging other firms to perform the same or
similar services for the benefit of CITY within CITY's sole and absolute
discretion.
8.16 WARRANTIES OF CONSULTANT: CONSULTANT hereby warrants and
represents as follows:
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a. At all times during the term of this Agreement, CONSULTANT shall maintain
in good standing all required licenses, certifications and permits required
under federal, state and local laws necessary for the performance under
this Agreement.
b. At all times during this Agreement, CONSULTANT shall perform its
obligations in a prompt, professional and businesslike manner.
8.17 GOVERNING LAW: This Agreement shall be construed in accordance with the
laws of the State of Florida. Venue for any action shall be in Miami-Dade
County, Florida.
[The balance of this page has been intentionally left blank].
14
IN WITNESS THEREOF, the parties hereto have made and executed this Agreement
on the respective dates under each signature.
CITY OF AVENTURA, FLORIDA
BY:
Eric M. Soroka, ICMA-CM
City Manager
ATTEST
BY:
City Clerk
Teresa M. Soroka, MMC
APPROVED AS TO FORM
BY:
City Attorney
Weiss Serota Helfman Pastoriza Guedes Cole & Boniske. P.A.
CONSULTANT
BY;
President
Kathrvn O'Learv Richards
(Print or Type)
ATTEST:
(Seal) Corporate Secretary
O'Leary
Richards
Design
Associates,
Inc.
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11400 South.." 1071h Awn.,.
MI",,;.F1crid.33176
Phen..305.790.7641
F~, 305.235.2886
"""""""'"
"","",""""",,It.._^""-
June 15,2005
Mr. Robert M. Sherman
Director of Community Services
City of Aventura
19200 W. Country Club drive
Aventura, FL 33180
Re:
City of Aventura
Landscape An:hirectnral Services
Dear Mr. Sherman:
EXHIBIT ON
Per our recent discussion, the foLloMng are our hourly rates for the upcoming year.
$125.00/hr.
PrincipaVSr. Landscape An:hitect
Kathryn O'Leary Richards, ASLA
William A. O'Leary, FASLA
Landscape An:hitect
$110.oolhr.
These hourly rates will be in effuct beginning July 1,2005. Please let me know ¡fyou
require any additional information.
Very truly yours,
15
ACORD. CERTIFICAT~ OF LIABILITY INSURANCE OPID2~ DATE (MMIDDIYYYY)
OLEAR-2 06/20/05
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
WEINSTEIN, JONES & ASSOCIATES HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
1570 MADRUGA AVENUE #300 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
AL GABLES FL 33146
_ne:305-665-2622 Fax:305-665-3236 INSURERS AFFORDING COVERAGE NAIC#
INSURED INSURER A, CNA INSURANCE
INSURER B'
O'LEARY RICHARDS DESIGN ASSOCI INSURER C:
11400 SW 107th Avenue INSURER 0,
Miami, FL 33176 INSURER E,
COVERAGES
'THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING
ANY REOUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONOITIONS OF SUCH
POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
'LT" "š'R TYPE DF INSURANCE POLICY NUMBER "D'!,';!'E ¡';~;-D'ci',;.!¡,- DATE MMlb"6'~~N LIMITS
~ERALLIABILITY EACH OCCURRENCE .
COMMERCIAL GENERAL lIAEllITY PREMISES IE. ocro""œ $
- :j' CLAIMS MADE 0 OCCUR
- MEOEXP("",o"',""""1 $
PERSONAL' ADV INJURY .
GENERAL AGGREGATE $
~'LAGG~nE~LlMIT APñSlPER' PRODUCTS - COMPIOP AGG $
POLICY ~r8T LaC
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
- $
ANY AUTO IE""""'I
-
- ALL OWNED AUTOS BODILY INJURY
SCHEDULED AUTOS (P""'ß"I '
-
- HIRED AUTOS BODILY INJURY
NON.OWNED AUTOS (P"'"dd,"11 '
-
PROPERTY DAMAGE ,
(P""dd"'1
=iGE LIABILITY AUTO ONLY. EAACCIDENT ,
ANY AUTO OTHER THAN EAACC '
AUTO ONLY, AGG ,
:JESSIUMBRELLA LIABILITY EACH OCCURRENCE ,
OCCUR 0 CLAIMS MADE AGGREGATE ,
,
R ~EDUCTIBLE ,
RETENTION , ,
WORKERS COMPENSATION AND IT~¡\W,~:~š I IUJ~-
EMPLOYERS'liABlLm
ANY PROPRIETOR/PARTNER/EXECUTIVE E.L EACH ACCIDENT ,
OFFICER/MEMBER EXCLUDED? E,LDISEASE-EAEMPLOYEE $
~~~M~'~~~v~~1¿~s '"low E,L DISEASE - POLICY LIMIT $
OTHER
A PROFESSIONAL LIAB 25-4110213 06/01/05 06/01/06 AGGREGATE 500,000
PER CLAIM 500,000
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES! EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
$5,000 DEDUCTIBLE.
CERTIFICATE HOLDER
CANCELLATION
FORPROO
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF. THE ISSUING INSURER WILL ENDEAvOR TO MAJL ~ DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAJLURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILm OF ANY KIND UPON THE IN5URER.ITSAGENTS OR
FOR PROOF OF INSURANCE ONLY
REPRESENTATIVES.
HO I ~EP'j::::--
ACORD 25 (2001/08)
@ACORD CORPORATION 1988