Resolution No. 2019-35 Authorizing Execution of Agreement for General Professional Engineering Services with Kimley-Horn and Associates, Inc. - July 9, 2019 RESOLUTION NO. 2019-35
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED AGREEMENT FOR GENERAL
PROFESSIONAL ENGINEERING SERVICES, INCLUSIVE OF THE
SCOPE OF SERVICES AND FEE SCHEDULE AS OUTLINED IN EXHIBIT
"A," BETWEEN THE CITY OF AVENTURA AND KIMLEY-HORN AND
ASSOCIATES, INC.; 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 laws and the
Code of the City of Aventura, properly requested proposals from firms for services relative
to Engineering & Utility Locate Services; and
WHEREAS, the City Commission adopted Resolution No. 2019-30, which
selected the firm of Kimley-Horn and Associates, Inc. to perform general engineering
consulting and utility locate services pursuant to RFQ No. 19-03-22-2 and authorized the
City Manager to negotiate a contract for said services; and
WHEREAS, the City Manager has negotiated the attached Agreement for General
Professional Engineering Services, inclusive of the scope of services and fee schedule
as outlined in Exhibit "A," between the City and Kimley-Horn and Associates, Inc.; and
WHEREAS, the City Commission, upon the recommendation of the City Manager,
is therefore desirous of approving said agreement, including the scope of services and
fee schedule as contained in Exhibit "A;"
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
City of Aventura Resolution No. 2019-35
Section 1. The City Manager is authorized to execute and otherwise enter into
that certain Agreement attached hereto, inclusive of the scope of services and fee
schedule as outlined in Exhibit "A," between the City of Aventura and Kimley-Horn and
Associates, Inc. for General Professional Engineering Services.
.Section 2. The City Manager is authorized to do all things necessary 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 Commissioner Weinberg, who moved its
adoption. The motion was seconded by Commissioner Shelley and, upon being put to a
vote, the vote was as follows:
Commissioner Dr. Linda Marks Yes
Commissioner Gladys Mezrahi Yes
Commissioner Marc Narotsky Yes
Commissioner Robert Shelley Yes
Commissioner Howard Weinberg Yes
Vice Mayor Denise Landman Yes
Mayor Enid Weisman Yes
PASSED AND ADOPTED this 9th day of July, 2019.
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City of Aventura Resolution No. 2019-35
ENID WEISMAN, MAYOR
ov-
FrC' of cxcy
ATTEST:
ELLISA L. HORVATH,42_
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
//4 " 1
CITY ATTORNEY
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AGREEMENT BETWEEN THE CITY OF AVENTURA AND KIMLEY-HORN &
ASSOCIATES, INC. FOR GENERAL PROFESSIONAL ENGINEERING SERVICES
THIS AGREEMENT is entered into this q day of I , 2019 between: CITY
OF AVENTURA, a political subdivision of the State of Florida, 4.uccessors and assigns,
hereinafter referred to as "CITY",
AND
Kimley-Horn & 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 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 & 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.
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1.6 PROJECT: The nature of the PROJECT includes general professional civil
engineering services, site planning, traffic studies, surveys, predesign, 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.
1.7 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.
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.
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.
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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".
1.9 ENGINEERING ASSISTANCE: Whenever the term ENGINEERING
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 Twenty Thousand Dollars
($20,000.00). Typical tasks include attendance at meetings, telephone calls, and
providing day-to-day assistance as required.
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 as the BILLING RATE
payable for each CONSULTANT'S employee category show on Exhibit
"A".
1.10 WORK AUTHORIZATION: Whenever the term WORK AUTHORIZATION is used
herein, it is intended to mean engineering services related to specific projects
identified by CITY for which the estimated CONSULTANT cost exceeds Twenty
Thousand Dollars ($20,000.00).
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.
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.
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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 intensions 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.
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
identified under one of the following procedures.
PROFESSIONAL ENGINEERING ASSISTANCE for specific "day-today" 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
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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.
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 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.
4.3 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
approved ENGINEERING 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
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subcontractor fees pursuant to paragraph 5.6 for approved ENGINEERING
ASSISTANCE service. The BILLING RATES payable by CITY for each
CONSULTANT'S employee categories is shown on Exhibit "A". Total
compensation for a specific work task under ENGINEERING ASSISTANCE shall
not exceed Twenty Thousand Dollars ($20,000.00).
5.2 CITY agrees to pay CONSULTANT as compensation for performance of all
services as related to 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 "A".
5.3 CONSULTANT shall submit billings, which are identified by the specific Task,
authorized under ENGINEERING 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 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.
5.4 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 require 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
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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.
5.5 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.
5.6 CONSULTANT shall bill identifiable subcontractor fees at the actual fees paid by
CONSULTANT.
5.7 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.
5.8 Payment will be made to CONSULTANT at:
KIMLEY-HORN & ASSOCIATES, INC.
600 North Pine Island Road
Suite 450
Plantation, FL 33324
ARTICLE 6
ADDITIONAL SERVICES AND CHANGES IN SCOPE OF SERVICES
6.1 Services related to an ENGINEERING ASSITANCE 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.
6.2 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
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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 RESPONSIBILITIES
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.
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
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.
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8.3 RECORDS: CONSULTANT shall keep such records and accounts and require
any and all consultants and 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.
8.6 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.
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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:
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.
b. CONSULTANT further agrees to indemnify and save harmless CITY, its
agents, servants and employees from and against any claim, demand or cause of
action of whatever kind or nature arising out of any conduct or misconduct of
CONSULTANT not included in the above paragraph.
c. Nothing in this Agreement shall be deemed or treated as a waiver by the
City of any immunity to which it is entitled by law, including but not limited to the
City's sovereign immunity as set forth in Section 768.28, Florida Statutes.
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 Automotive Liability Insurance and
Professional Liability Insurance.
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).
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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 Liability Insurance with the 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 REPRESENTIVE OF CITY AND CONSULTANT: It is recognized that questions
in the day-to-day conduct of a PROJECT will arise. The CONTRACT
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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 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 in 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:
Ronald J. Wasson Gary R. Ratay, P.E.
City Manager Kimley-Horn &Associates, Inc.
City of Aventura 600 North Pine Island Road
19200 West Country Club Drive Suite 450
Aventura, FL 33180 Plantation, FL 33324
305-466-8910 954-535-5112
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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 additional 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 PUBLIC RECORDS: The CONSULTANT shall comply with The Florida Public
Records Act as follows:
a. Keep and maintain public records in the CONSULTANT's possession or
control in connection with the CONSULTANT's performance under this
Agreement that ordinarily and necessarily would be required by the City in
order to perform the service.
b. Upon request by the City's records custodian, provide the City with a copy
of requested records or allow the records to be inspected or copied within
a reasonable time at a cost that does not exceed the cost provided in
Chapter 119, Florida Statutes, or as otherwise provided by law.
c. Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as
authorized by law for the duration of this Agreement, and following
completion of this Agreement until the records are transferred to the City.
13
d. Upon completion of this Agreement or in the event of termination of this
Agreement by either party, any and all public records relating to this
Agreement in the possession of the CONSULTANT shall be delivered by
the CONSULTANT to the City, at no cost to the City, within seven (7) days.
All records stored electronically by the CONSULTANT shall be delivered to
the City in a format that is compatible with the City's information technology
systems. Once the public records have been delivered to City upon
completion or termination of this Agreement, the CONSULTANT shall
destroy any and all duplicate public records that are exempt or confidential
and exempt from public record disclosure requirements.
e. The CONSULTANT's failure or refusal to comply with the provisions of this
Section shall result in the immediate termination of this Agreement by the
City.
IF THE CONSULTANT HAS QUESTIONS REGARDING
THE APPLICATION OF CHAPTER 119, FLORIDA
STATUTES, TO THE CONSULTANT'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS
AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS AT 305-466-8901,
ehorvath@citvofaventura.com OR BY MAIL: City Of
Aventura — City Clerk's Office, 19200 West Country
Club Drive, Aventura, FL 33180.
f. Ownership of Documents: Unless otherwise provided by law, any and all
reports, surveys, and other data and documents provided or created in
connection with this Agreement are and shall remain the property of the
City. Any compensation due to the CONSULTANT shall be withheld until
all documents are received as provided herein.
8.18 SCRUTINIZED COMPANIES.
a. CONSULTANT certifies that it and its subcontractors are not on the Scrutinized
Companies that Boycott Israel List. Pursuant to Section 287.135, F.S., the City
may immediately terminate this Agreement at its sole option if the
CONSULTANT or its subcontractors are found to have submitted a false
certification; or if the CONSULTANT, or its subcontractors are placed on the
Scrutinized Companies that Boycott Israel List or is engaged in the boycott of
Israel during the term of the Agreement.
b. If this Agreement is for more than one million dollars, the CONSULTANT certifies
that it and its subcontractors are also not on the Scrutinized Companies with
Activities in Sudan, Scrutinized Companies with Activities in the Iran Petroleum
14
Energy Sector List, or engaged with business operations in Cuba or Syria as
identified in Section 287.135, F.S. Pursuant to Section 287.135, F.S., the City
may immediately terminate this Agreement at its sole option if the
CONSULTANT , its affiliates, or its subcontractors are found to have submitted
a false certification; or if the CONSULTANT, its affiliates, or its subcontractors
are placed on the Scrutinized Companies with Activities in Sudan List, or
Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List,
or engaged with business operations in Cuba or Syria during the term of the
Agreement.
c. The CONSULTANT agrees to observe the above requirements for applicable
subcontracts entered into for the performance of work under this Agreement.
d. As provided in Subsection 287.135(8), F.S., if federal law ceases to authorize
the above-stated contracting prohibitions then they shall become inoperative.
8.19 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].
15
IN WITNESS THEREOF, the parties hereto have made and executed this Agreement on
the respective date first written above.
CITY OF ENTURA, FL RIDA
Off' `
=' -_` g0
BY. ��
* '- a ' Ron. . Wasson
J9a"" �'� City .na er
E kap 1 g
ATTEST
i' Fume
BY: A i�
Ellisa L. Horvath, M, C
City Clerk
APPROVED AS TO FORM
BY: frkr/ itc /[_
City Attorney
Weiss Serota Helfman Cole & Bierman, P.A.
CONSULTANT
BY: i2
ry R. Ratay
Senior Associate
6/1-2 Y Q /,-TA`T
(Print or Type)
ATTEST:
i \-4-,--- 91(----9
16
EXHIBIT "A"
Civil Engineering Services
Principal Engineer $250.00
Senior Supervising Engineer $207.00
Senior Engineer $207.00
Project Engineer $150.00
Engineer (EIN) $130.00
Land Surveying & Mapping Services
Principal Surveyor $175.00
Professional Land Surveyor $150.00
Project Surveyor $125.00
Survey CADD /GIS Tech $100.00
Survey Field Crew (2-Man Crew) $130.00
Survey Field Crew (3-Man Crew) $150.00
Survey Crew with Laser Scan (3-Man Crew) $250.00
Landscape Architecture and Planning Services
Principal Landscape Architect/ Principal Planner $175.00
Senior Supervising Landscape Architect $160.00
Senior Landscape Architect $160.00
Landscape Architect $120.00
Project Landscape Designer $100.00
Project Planner $170.00
Construction Administration Services
Director of Construction Management $130.00
Field Representative $ 95.00
Weekend Inspector $142.50
Miscellaneous
Clerical $ 75.00