96-029 RESOLUTION NO. 96-29
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AVENTURA, FLORIDA, APPOINTING THE FIRM OF O'LEARY DESIGN
ASSOCIATES, P.A. TO PERFORM GENERAL 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 AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
AVENTURA, FLORIDA, THAT:
Section 1. The firm of O'Leary Design Associates, P.A. be and the same is
hereby appointed to perform General Professional Landscape Architect 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 Design
Associates, P.A. and whereby the City agrees to the negotiated scope of services and
fees.
Section 3. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Vice Mayor Rogers-Libert, who moved
its adoption. The motion was seconded by Councilmember Cohen, and upon being put
to a vote, the vote was as follows:
Councilmember Arthur Berger yes
Councilmember Jay Beskin yes
Councilmember Ken Cohen yes
Councilmember Harry Holzberg yes
Councilmember Jeffrey Perlow yes
Vice Mayor Patricia Rogers-Libert yes
Mayor Arthur I. Snyder yes
Resolution No. 96-29
Page 2
PASSED AND ADOPTED this 20th day of Au~/¢96. ,
AR~THUR I. SNYDI~R, ~AYOR
ATTEST:
TERESA M. SMITH, CMC ~
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
Agreement
Between
THE CITY OF AVENTURA, FLORIDA
and
O'LEARY DESIGN ASSOCIATES, P.A.
Fo?'
GENERAL PROFESSIONAL
LANDSCAPE ARCHITECT
AUGUST 1996
AGREEMENT
Between
THE CITY OF AVENTURA
and
O'LEARY DESIGN ASSOCIATES, P.A.
fo/'
GENERAL PROFESSIONAL LANDSCAPE ARCHITECT
This agreement is an Agreement between: CITY OF AVENTURA, a political subdivision of
the State of Florida, its successors and assigns, hereinafter referred to as "CITY",
AND
O'Leary Design Associates, P.A., 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: O'Leary Design Associates, P.A., which is the
professional organization with whom CITY has contracted for the performance of
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 planning, studies,
surveys, predesign, design, permitting, bid/award, program management,
construction observations and professional landscaping services, GIS Database
Development and Applications 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, 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 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.
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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 provides for 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.
! .9 LANDSCAPING ASSISTANCE: Whenever the term LANDSCAPING
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 landscaping problems,
attendance at meetings, 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 A.
1.10 WORK AUTHORIZATION: Whenever the term WORK AUTHORIZATION
is used herein, it is intended to mean landscaping 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.
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 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.
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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:
LANDSCAPING 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.
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, 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.
4.2 In the event CITY declares an emergency, the CONSULTANT shall make every
reasonable effort to respond within two (2) hours, but under no circumstances, shall
response time exceed four (4) hours.
4.3 CONSULTANT shall provide CITY with a current up-to-date list of emergency
personnel at all times.
ARTICLE 5
COMPENSATION AND PAYMENT
5.1 CITY agrees to pay CONSULTANT as compensation for performance of all
approved LANDSCAPING 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 LANDSCAPING
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 LANDSCAPING 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 "A".
5.3 CONSULTANT shall submit billings which are identified by the specific Task
authorized under LANDSCAPING 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 which 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.
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
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.
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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:
O'LEARY DESIGN ASSOCIATES, P.A.
Oak Plaza Professional Center
8525 S.W. 92nd Street
Suite Cll
Miami, Florida 33156
ARTICLE 6
ADDITIONAL SERVICES AND CHANGES IN SCOPE OF SERVICES
6.1 Services related to an LANDSCAPING 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.
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 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.
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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
I EL E
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. 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.
8.2 TERMINATIQN: 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.
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 EOUAL 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.
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 save harmless CITY, its agents, servants
and employees from and against any suits, expenses, damages, costs, claims,
demands and/or causes of action of whatever kind or nature arising out of error,
omission or negligent act of CONSULTANT, its agents, servants or employees
in the performance of services under this Agreement.
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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.
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.
Such policy or policies shall be issued by 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. 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.
Alt 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 Liability Insurance with minimum limits of Three
Hundred Thousand Dollars ($300,000.00) 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 Two Hundred
Thousand Dollars ($200,000.00) 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 ATT~: 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.
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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 registered 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 William A. O'Leary, FASLA
City Manager President
City of Aventura O'Leary Design Associates, P.A.
2999 N.E. 191s~ Street Oak Plaza Professional Center
Suite 500 8525 S.W. 92nd Street
Aventura, Florida 33180 Suite C 11
Miami, Florida 33156
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-EXCLUSIVEAGREEMENT: 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.
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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 Dade County,
Florida.
[The balance of this page has been intentionally left blank].
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IN WITNESS THEREOF, the parties hereto have made and executed this Agreement on the
respective dates under each signature.
ATTEST CITY OF AVENTURA, FLORIDA
~k~&~ through its City Manager
BY ~ j.~o.o[l .
~ty Clerk BY C~r ~/
Teresa M. Smith i er
E ic M. Soroka
$ day of ~4~4 , 19 ?~
City Attorney
Wei~ Serota& Helfman,
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EXHIBIT "A"
LAND$~A))£ ARCHITECTURE LAND PLANNING
URBAN DI]SIGN GRAPHIC D~51GN
JUly 25, 1996
Mr. Robert M. Sherman
Director
CommUnity Services Department
2999 N. E. 191st Street
suft #500
AVentura, Florida 33180
Dear Mr. Sherman:
Pursuant to our discussion, the following are hourly rates charged
by o~r firm for professional Landscape Architectural services:
Project Manager (William A. O'Leary) ....... $90.00/hour
I~ndscape Architect ........................ $75.00/hour
Clerical ................................... $35.00/hour
Inci~ental expenses such as computer plots, reproductions, blue-
Prin. ting, lOng distance communication and photographs will be
additional and will be invoiced for at our cost.
Looking forward to working with you on this project, I am
Very truly yours,
O'LEARY DESIGN ASSOCIATES, PA
WAC/cas
OAK pLAZA PROFES$1ONAL CENTER 8525S.W. 92NDSTREET, SUITECll MIAMI, FLORIDA 33156 (305) 596-60~96 i
CRAIG A. SMITH & ASSOCIATES
CONSULTING ENGINEERS · PLANNER:~ . SURVEYOHS
July 24, 1996
Bill O'Leary
O'Leary Des gn Associates
8525 S W, 92nd Street, Suite Cll
~Mlami, Florida 33156
RE: CITY OF AVENTURA ENGINEERING SERVICES
PROPOSAL NO, P81D
Dear Mr; O'Leary:
As per your request the following are our hourly rates which are the same rates
Which we are ourrent~y charging Bal Harbour Village.
PRINCIPAL $100.00/HR.
SENIOR SUPERVISING ENGINEER $ 85,00/HR.
SENIOR PLANNER $ 80.00/HR.
SUPERVISING ENGINEER $ 80.00/HR,
PROJECT ENGINEER $ 70.00/HR.
ENGINEER TECHNICIAN $ 60,00/HR.
FIELD REPRESENTATIVE $ 50.00/HR.
DRAFTER (CADD) $ $0.00/HR.
CLERICAL $ 35,00/HR.
THREE-MAN SURVEY CREW $ 80.00/HR.
SURVEY TECHNtCtAN $ 50.00/HR.
~00b West M~Nab Roe.d, Pompano Beaoh, Florida 33069, (954) 782.82~2, FAX: (954) 786-8927
P.~lm F~nr.h: 14t~71 736-3188 De, de: (30.~) 940-4661
Mr, Bill O'Leary
July 24, lgg6
Page 2 of 2
We 10ok forward to working with you on this project. If you have any questions
please contact me direotly.
S~ncerely,
CRAIG A. SMITH & ASSOCIATES
Will!am H.
Proj$ot Manager
m :',,mu n[c~propo~ a~Sl d
Hourly ~tes
Aven~ ~odda
~ch~ pl~ ~ ~r ~ly tat~ for the indMduals who may provide s~s to ~e City u~er
~ti~pat~ ~n~cts. PI~e note that ~e ~e t~e ~me r~tes quot~ to the ~e of Bal
H~ut for the ~ntly ~mpleted Co,ins Argue P~se H Beautifi~ion proj~.
S~d you req~ add~onal information please ~11.
2t01 N, ANDFIEW~ AVENUE, ~;UITI; 100, FORT iAUDERDALE, FLORIDA 3:3311
PERSONNEL
HOURLY RATES
I. Senior l~lectdca] Enslneer $8$/Hour
II. E[octric~l Engineer $70/Hour
IH, Designer $50/Hour
IV, Administrative $40/Hour
CERTmlmP PU~t~C Acco~N~xn's & CONSULTANTS
A Partnership Including Prof~onal A~,xiafions
July 22, 1996
William O'Leary
15740 S. W. 76th Avenue
Miami, Florida 33156
Dear Bill:
Per our telephone conversation, please find below the followin9
information compiled fromO'LearyDesignAss°ciates' P- A. tax return
records and your personal tax return records.
1. 0'Leary Design Associates, Inc. - the company has an approximate
net worth in excess of $250,000. The company has paid you in excess
of $80,000 per year in compensation for the past several years.
2. William and christina 0'Leafy - based on your tax return record's
you and your wife have a personal net worth in excess of $500~000.
Both you and the company have been a client of Rachlln and Cohen since
~969. During that time you have been very consistent and ethical in
yo~ b~siness practices and buildin~ you~ personal net worth.
Since~~.~
Michael M, Novak, CPA
Avenue, Ten~ Fl. oor Miami Florid~ ~15i. Dade (305) 377-¢.28. Fax (305) 377-8331
OneSouthe~stTh~ .......... , ~,--;a~a~'~16 .Broweadf9541525-1040 .Fax(954)525-2004
70~ Southea¢ Thkd Avenue, ,umct ~oor, .,u2,uc, ema~e, r~,.,.u,:, ,,,-,., ', ,
' ~~_.~E_fl![FICATE DOES NOT AMEND EXTEND
,.955 FOtCCE DE LEO~ .BLVD ~A'i~,~O~5[~ ~ ~O[(C~ ~LO~
,OR~ GABLES, FL 33146 ~ CONTINENT~ CASU~?Y COHPAN~ .......
~o ........... A
c~P~ ILSI'NOIS xNsURANCE ~XCHANCS ....
O'LEARY DESIGNS ASSOCIATES
~5~5 S,~ 92ND STREET C-llA ~.,~ ...... ~
FLORIDA 33156 C..
~NT~C~ OR OTHER O
~E IN~U~CE ~D BY ~E P~ES DE$CflrSED HER~ ~S ~ ALL T~
. . _~ ....... SHOWN ~V ~v~ aE~ RSOU~ ~
..,~ ~m~~[ 201102 01-26-96 01-26-9~ ,~-~,~a~: s .
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LAC004313418 07-18-95 07-18-97 500,000 LIMIT
LIABILITY ,
"CLA~M~ MADE POBICY"