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Resolution No. 2016-04 Agreement with Kimley-Horne and Associates, Inc. for Traffic Engineering Services - January 5, 2016 RESOLUTION NO. 2016-04 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER ON BEHALF OF THE CITY TO EXECUTE AND OTHERWISE ENTER INTO THE ATTACHED AGREEMENT BETWEEN THE CITY OF AVENTURA AND KIMLEY-HORNE AND ASSOCIATES, INC. TO PERFORM PROFESSIONAL TRAFFIC ENGINEERING SERVICES; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Aventura, in accordance with applicable State law, has solicited and reviewed proposals from firms to provide professional traffic engineering services; and WHEREAS, Resolution No. 2015-63 established the selection of three (3) firms to perform professional traffic engineering services relative to RFP 16-10-05-2 and authorized negotiations with those three selected firms; and WHEREAS, City Staff has negotiated fees and scope of services with Kimley- Horne and Associates, Inc., one of the firms selected, and recommends approval of the Agreement to Perform Professional Traffic Engineering Services. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City Manager is hereby authorized on behalf of the City of Aventura to execute and otherwise enter that certain Agreement to Perform Professional Traffic Engineering Services between the City of Aventura and Kimley- Horne and Associates, Inc. Section 2. The City Manager is hereby authorized to do all things necessary and expedient in order to effectuate the execution of the attached Agreement described in Section 1 above, and to carry out the aims of this Resolution. Section 3. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Vice Mayor Shelley, who moved its adoption. The motion was seconded by Commissioner Holzberg, and upon being put to a vote, the vote was as follows: Commissioner Enbar Cohen Yes Commissioner Teri Holzberg Yes Commissioner Denise Landman Yes Commissioner Marc Narotsky Yes Commissioner Howard Weinberg Yes Vice Mayor Robert Shelley Yes Mayor Enid Weisman Yes City of Aventura Resolution No. 2016-04 PASSED AND ADOPTED this 5th day of January, 2016. i iI i , c'eY oa 5 L E • I rEISMAN, MAYOR ATTEST: ELLISA L. HORVAT ler, CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY:' (/ //( IA';#\ I\AV\ CITY ATTORNEY Page 2 of 2 AGREEMENT BETWEEN THE CITY OF AVENTURA and KIMLEY-HORN AND ASSOCIATES, INC. for TRAFFIC ENGINEERING SERVICES THIS AGREEMENT is entered into this S day of jar). , 2iWr between: CITY OF AVENTURA, a political subdivision of the State of Florida, its successors and assigns, hereinafter referred to as "CITY", AND Kimley-Horn and 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 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. 1.2 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. 1.3 CONSULTANT: Kimley-Horn and Associates Inc., which is the professional organization with whom CITY has contracted for the performance of professional engineering services pursuant to this Agreement. 1.4 CITY: City of Aventura, Florida, a body corporate and politic and a political subdivision of the State of Florida. 1.5 NOTICE TO PROCEED: A written statement issued by the CONTRACT ADMINISTRATOR directing CONSULTANT to begin work. 1.6 PROJECT: The nature of the PROJECT includes transportation planning and traffic engineering, traffic impact studies, safety studies, parking studies, 1 neighborhood traffic management, multi-modal traffic planning and design, roadways/transportation planning and design, bicycle and pedestrian paths design and integrated mobility options, traffic calming, collection of traffic counts and reports, signal timing analyses, signal warrant studies, signing and pavement marking design and other miscellaneous professional services as requested. 1.7 REIMBURSABLES: Whenever the term REIMBURSABLES is used herein, it is intended to mean actual reasonable 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, Dade and Palm Beach Counties is not reimbursable. b. Identifiable per diem, meals and lodgings, taxi fares and miscellaneous travel-connected expenses for CONSULTANT's 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. g. Other expenses as specified in Exhibit A. 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 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. 1.8 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 "A". 2 1.9 WORK AUTHORIZATION: Whenever the term WORK AUTHORIZATION is used herein, it is intended to mean engineering services related to specific projects identified by CITY. 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. b. A budget establishing the amount of compensation to be paid, which amount shall constitute a guaranteed hourly amount 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 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. 3 2.2 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. ARTICLE 3 SCOPE OF SERVICES 3.1 The Scope of Services required to be performed by CONSULTANT shall be 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. 3.2 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 CONSULTANT's sole risk. 3.3 CONSTRUCTION PHASE SERVICES; MEANS AND METHODS: The CONSULTANT shall have no responsibility for any CONSTRUCTION CONTRACTOR's means, methods, techniques, equipment choice and usage, sequence, schedule, safety programs, or safety practices, nor shall CONSULTANT have any authority or responsibility to stop or direct the work of any CONSTRUCTIION CONTRACTOR. The CONSULTANT's visits will be for the purpose of endeavoring to provide the CITY a greater degree of confidence that the completed work of its contractors will generally conform to the construction documents prepared by the Consultant. Consultant neither guarantees the performance of contractors, nor assumes responsibility for any CONSTRUCTION CONTRACTOR's failure to perform its work in accordance with the contract documents. The CONSULTANT is not responsible for any duties assigned to the design professional in the construction contract that are not expressly provided for in this Agreement or Work Authorization. The CITY 4 agrees that each contract with any CONSTRUCTION CONTRACTOR shall state that the contractor shall be solely responsible for job site safety and for its means and methods; that the CONSTRUCTION CONTRACTOR shall indemnify the CITY and the CONSULTANT for all claims and liability arising out of job site accidents to the extent allowed by Sec 725.06 (2), F.S.; and that the CITY and the CONSULTANT shall be made additional insureds under the contractor's general liability insurance policy. ARTICLE 4 TIME OF PERFORMANCE 4.1 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, 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. 4.2 CONSULTANT shall provide CITY with a current up-to-date phone contact list of personnel at all times. ARTICLE 5 COMPENSATION AND PAYMENT 5.1 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 5.3, 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 "A". 5 5.2 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 on an hourly Work Authorizations, 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. 5.3 Notwithstanding anything in paragraphs 5.1 and 5.2, 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 consistent with Exhibit A. 5.4 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. Payment will be made to CONSULTANT at: KIMLEY-HORN AND ASSOCIATES, INC. 600 North Pine Island Road Suite 450 Plantation, FL 33324 6 ARTICLE 6 ADDITIONAL SERVICES AND CHANGES IN SCOPE OF SERVICES 6.1 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 7.1 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. ARTICLE 8 MISCELLANEOUS 8.1 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. Any modifications made by the city to any of the CONSULTANT's documents, or any use, partial use, or re-use of the documents without written authorization or adaptation by the CONSULTANT will be at the CITY's sole risk and without liability to the CONSULTANT. 8.2 TERMINATION: This Agreement may be terminated by CONSULTANT for cause, or by CITY for any reason with or without cause, upon thirty (30) days 7 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 indemnify CITY against 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. 8.3 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 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 pay or 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. 8.5 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. 8 8.6 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. 8.7 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. 8.8 INDEMNIFICATION OF CITY: 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. 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 provided below. 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 Two Million Dollars ($2,000,000.00). 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. 9 c. Comprehensive General Liability Insurance with minimum limits of one Million Dollars ($1,000,000.00) 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. d. Business Automobile Liability Insurance with minimum limits of one Million Dollars ($1,000,000.00) 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 10 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 ATTORNEY'S FEES: If CITY institutes any legal action to enforce any provision of this Agreement, then CITY shall be entitled to reimbursement from CONSULTANT for all costs and expenses, including reasonable attorney's fees incurred by CITY, provided that CITY is the prevailing party in such legal action, and provided further that CITY shall make application to the court or other tribunal, for an award of such costs and expenses. Other covenants of this Agreement constitute consideration for this provision. 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 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, as 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 John J. McWilliams City Manager Vice President City of Aventura Kimley-Horn and Associates, Inc. 19200 W. Country Club Drive 600 N Pine Island Road Aventura, Florida 33180 Suite 450 305-466-8910 Plantation, Florida 33324 11 954-535-5100 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: 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. 8.18 Public Records Law: The provisions of Section 119.0701, F.S., are hereby incorporated herein by reference as if fully set forth herein and shall be complied with by CONSULTANT. [The balance of this page has been intentionally left blank]. 12 IN WITNESS THEREOF, the parties hereto have made and executed this Agreement on the respective dates under each signature. • CITY OF AVENTURA, FLORID �' '�=�IJ Eric M. Sorok. off; �� �, f 1 6, City Manage c- •6 5% ATTEST BYE d c' City Clerk Ellisa L. Horvath, APPROVED AS TO FORM BY: --41 )-Y7 iL4 .11G City Attorney Weiss Serota Helfman Cole & Bierman, P.L.I CONSULTANT BY: Senior Vic Pr dent C,c` o S . K� Ie (Print or1ype ATTEST: ..... /2 *$5 ro, ASSOC/q eal) Corporate Secretary �Q0R�4i, F�+ iN $ �� n SV'L 4C~•tip N "EXHIBIT A" HOURLY FEE SCHEDULE Principal $265/Hour Senior Professional $210/Hour Professional $155/Hour Analyst/Junior Professional $105/Hour Support Staff $95/Hour *NOTE: Hourly rates may be increased based on mutual agreement of both parties on January 1 of each year, commencing on January 1, 2017. SCHEDULE OF EXPENSES AND OTHER CHARGES Expenses will be estimated for each work order and submitted for reimbursement with the appropriate supporting documentation to reflect that the expense was incurred in support of the work order. A percentage of the total billable labor fee (5.85%) shall be added to the monthly billing to compensate the CONSULTANT in full for all internal direct expenses for the project which includes, but are not limited to, for example, in-house duplicating, facsimile, long distance telephone, check prints, postage, computer, normal legal/accounting expense, minor travel/subsistence, etc. The intent is to cover all direct non-salary costs that are not identified as extensive or extra-ordinary in the negotiated work order estimate. In addition, the following expenses shall be reimbursed at the following rates: Mileage (greater than 100 miles) $.575 per mile Recording and Permit Fees At Cost Services of Outside Consultants 5% Above Cost All other expenses and charges by consultants or its sub-consultants not specifically contained in this Agreement shall be subject to the approval of the City Manager at his sole discretion prior to any billing or invoices.