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2008-26947 Reso Inc.RESOLUTION NO. 2008-26947 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, APPROVING THE ASSIGNMENT FROM BERKOWITZ DEVELOPMENT GROUP (AS ASSIGNOR) TO THE CITY (AS ASSIGNEE), OF THE FOLLOWING AGREEMENTS BETWEEN BERKOWITZ DEVELOPMENT GROUP, INC., AND 1) THE FIRM OF SCHWEBKE-SHISKIN 8~ ASSOCIATES, INC., FOR CIVIL ENGINEERING SERVICES FOR OFF-SITE IMPROVEMENTS ALONG LENOX AVENUE AND 6TH STREET; 2) C. DAVIS ELECTRIC COL, INC., FOR THE ENGINEERING AND COORDINATION FOR THE ROADWAY LIGHTING ON 6T" STREET AND LENOX AVENUE, IN THE AMOUNT OF $19,200; AND 3) EGS2 CORPORATION, FOR LANDSCAPE ARCHITECTURAL SERVICES RELATED TO OFF-SITE IMPROVEMENTS ON 6T" STREET AND LENOX AVENUE; WITH FUNDING, IN THE AMOUNT OF $113,750, FROM SOUTH POINTE RDA ACCOUNT 379- 2330-061357, PREVIOUSLY APPROPRIATED FOR FLAMINGO NEIGHBORHOOD BID PACK A IN THE CAPITAL BUDGET. WHEREAS, on May 16, 2005, the Mayor and City Commission adopted Resolution No. 2005-25899, approving on second reading a Development Agreement between the City and AR&J Sobe, LLC. (Owner), for the purpose of constructing a 179,000 square foot vertical retail center with 1,100 parking spaces (the "5"' and Alton Project"); and WHEREAS, Berkowitz Development Group, Inc. ("Developer"), is an affiliate of AR&J Sobe, LLC; and WHEREAS, in conjunction with the 5"' and Alton Project, the City had planned to perform certain public improvements adjacent to the Project including, without limitation, drainage improvements, utility upgrades, road, sidewalk, landscaping and street-scape work; and WHEREAS, the City and Owner have mutually determined that the aforestated work should be coordinated with construction of the 5"' and Alton Project; and WHEREAS, accordingly, the City and Developer negotiated a Development Agreement between the City and Berkowitz Development Group, Inc. ("Developer"), for design and construction of the aforestated public improvements by Developer, in conjunction with the 5"' and Alton Project; and WHEREAS, certain civil engineering services were agreed to by the City and Developer; and WHEREAS, as required by the Florida Local Government Development Agreement Act, a duly noticed public hearing to consider the attached Development Agreement, on first reading, took place on September 10, 2008; and WHEREAS, the Mayor and City Commission adopted Resolution No. 2008- 26884, approving the Development Agreement on first reading and also set a public hearing for second reading on October 7, 2008; and WHEREAS, on October 7, 2008, the Mayor and City Commission opened and continued the public hearing for second reading until October 22, 2008; and WHEREAS, the second reading public hearing was held on October 22, 2008, and following said public hearing, the Mayor and City Commission approved a motion rejecting approval of the Development Agreement; and WHEREAS, on October 22, 2008, the Mayor and City Commission approved the award of Invitation To Bid No. 43-07/08, for infrastructure improvements on Lenox Avenue and 6~' Street, to Central Florida Equipment Rentals; and WHEREAS, pursuant to agreements between Developer and the firms of 1) Schwebke-Shiskin; 2) C. Davis Electric; and 3) EGS2 Corporation (collectively, "Engineers"), certain architectural and engineering services have been performed related to the proposed infrastructure improvements; and WHEREAS, since the off-site improvements are being constructed by the City's contractor, and not the Developer, the Administration recommends that the City may assume the contract with the Engineers to continue civil engineering services related to the above ITB, and Developer has agreed to assign said contracts to the City. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission, following hereby approve the assignment from Berkowitz Development Group (as Assignor), to the City. (as Assignee) of the following agreements between Berkowitz Development Group, Inc., and 1) the firm of Schwebke-Shiskin 8 Associates, Inc., for civil engineering services for off-site improvements along Lenox Avenue and Sixth Street, in the amount of $90,850; 2) C.Davis Electric Co., Inc., for engineering and coordination for the roadway lighting in the amount of $19,200; and 3) EGS2 Corporation, for landscape architectural services in the amount of $3,700; with funding, in the amount of $113,750, from South Pointe RDA Account 379-2330-061357, previously appropriated for Flamingo Neighbofiood Bid Pack A in the Capital Budget. PASSED and ADOPTED this 10th day of December, 2008 ATTEST: ~-(~.•(~~ MAYO Matti Herrera Bower CITY CLERK ~. Robert Parcher .'~ ` APPROVED AS TO C:\llocuments and Settingsleconcrok\DesktopWew Briefcase\Crowder\Commission Items\8th and Lenox Assi~nine~k~~o8t LANGUAGE '~, ~ Fo cuT~ow ~~, ~a~~~ .. _... ,,.. itv ear ~ ~(r- COMMISSION ITEM SUMMARY Condensed Title: A resolution approving the assignment to the City of the agreement between Berkowitz Development Group and the firms of Schwebke-Shiskin, C. Davis Electric, and EGS2 Corporation, for engineering services for off-site improvements along Lenox Avenue and Sixth Street in the total amount of $113,750. Key Intended Outcome Supported: Insure weu aesi nea, uan ca itai ro ecis. Supporting Data (Surveys, Environmental Scan, etc.): raffic and parking are two of the most important areas affecting residents' quality of life; 37% of resid nts rated traffic ow as poor. Traffic is ranked No.2 by residents as one of the changes that will make Miami Beach a better place to ive; traffic flow in Miami Beach is a key driver for recommending Miami Beach as a place to live. ith respect to arkin , 77% of residents rated availabili of arkin across Miami Beach as too little or much too ittle. Issue: Shall the Ma or and Ci Commission a rove the assi nment to the Ci of the a reements Item Summa /Recommendation: On May 16, 2005, the Mayor and City Commission approved a Development Agreement with AR&J Sobe, LLC., for the construction of a vertical retail center with an 1,100 space parking garage to be located on the ite bounded by Fifth Street on the south, Sixth Street on the north, Alton Road on the west and Lenox Avenue on th east. The City has approved and is planning to perform drainage improvements, utility upgrades, road improve ents; sidewalk, landscaping and streetscape work in the neighborhood around the project, including work on Sixt Street and on Lenox Avenue adjacent to the project site. The Developer was interested in performing the work ncurrently with the project, so that its development is not adversely impacted by the Flamingo Neighborhood proje when it is built. At a Special City Commission meeting on October 22, 2008, the second reading public hearin was held, and following said public hearing, the Mayor and City Commission approved a motion rejecting pproval of the Development Agreement. At the same meeting, the Mayor and City Commission approved the away of Invitation To Bid 43-07/08, for infrastructure improvements on Lenox Avenue and 6~' Street, to Central Florida Eq ipment Rentals. The City used construction documents prepared by the subject consultants when advertising the roject and will need the services of these firms during construction. However, the agreements were to be be een Berkowitz Development and the subject firms. As the City is now overseeing the work, it is necessary to bring a consultants under the direct control of the City by assigning the agreements over. The City reviewed the three a reements and had the proposed Schwebke Shiskin agreement revised to meet City needs. The Administration recommends a rovin the resolution. Adviso Board Recommendation: Finance and Ci ide Pro'ects Committee; Miami Beach Cit Commission. Financial Information: Source of Amount Account Approved Funds: 1 $113,750 Re-allocate funds from previously appropriated South Pointe RDA Capital Account # 379-2330-061357 for Flamingo Neighborhood Bid Pack A to the South Pointe RDA Capital Account # 379-2625-061357 Flamin o Nei hborhood Bid Back 1A Pro'ect OBPI Total $113,750 Financial Im act Summa Cit Clerk's Office Le islative Trackin Kevin Crowder, Ci Mana er's Office; Rick Saltrick, Ca ital Im rovement Pro'ects Office Sign-Offs: ent Director istant Ci Manager Ci Manager TH JMG T: WGENDl~29~15'AtfevomLwrBfRegula~i2009com'mi351arter.dates~llbftioc m MIAMIBEACH U~ AGENDA ITEM ~ ~~ DATE l a~ I o~ O ~ MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachH.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the City Commission FROM: Jorge M. Gonzalez, City Manager DATE: December 10, 2008 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, APPROVING THE ASSIGNMENT FROM BERKOWITZ DEVELOPMENT GROUP (AS ASSIGNOR) TO THE CITY (AS ASSIGNEE), OF THE FOLLOWING AGREEMENTS BETWEEN BERKOWITZ DEVELOPMENT GROUP, INC., AND 1) THE FIRM OF SCHWEBKE- SHISKIN & ASSOCIATES, INC., FOR CIVIL ENGINEERING SERVICES FOR OFF-SITE IMPROVEMENTS ALONG LENOX AVENUE AND 6TH STREET, IN THE AMOUNT OF $90,850; 2) C. DAVIS ELECTRIC COL, INC., FOR THE ENGINEERING AND COORDINATION FOR THE ROADWAY LIGHTING ON 6T" STREET AND LENOX AVENUE, IN THE AMOUNT OF $19,200; AND 3) EGS2 CORPORATION, FOR LANDSCAPE ARCHITECTURAL SERVICES RELATED TO OFF-SITE IMPROVEMENTS ON 6T" STREET AND LENOX AVENUE, IN THE AMOUNT OF $3,700; WITH FUNDING, IN THE AMOUNT OF $113,750, FROM SOUTH POINTE RDA ACCOUNT 379-2330-061357, PREVIOUSLY APPROPRIATED FOR FLAMINGO NEIGHBORHOOD BID PACK A IN THE CAPITAL BUDGET. ADMINISTRATION RECOMMENDATION Adopt the Resolution. FUNDING Funding for the assignment is available in the amount of $113,750 from previously appropriated South Pointe RDA Capital Account 379-2330-061357. This amount of $113,750 previously appropriated for Flamingo Neighborhood Bid Pack A will be reallocated into Flamingo Neighborhood Bid Pack 1A, Account 379-2625-061357. BACKGROUND On May 16, 2005, the Mayor and City Commission approved a Development Agreement with AR&J Sobe, LLC., for the construction of a vertical retail center with an 1,100 space parking garage to be located on the site bounded by Fifth Street on the south, Sixth Street on the north, Alton Road on the west and Lenox Avenue on the east. Over the last several years and most recently on April 25, 2007, the Development Agreement has been amended. The project, known as "Fifth and Alton", is currently under construction by Berkowitz Development Group, Inc. (Developer), one of the principals of AR&J Sobe, LLC. The Commission Memorandum, December 10, 2008 Engineering Services for 6t`' Street & Lenox Avenue Improvements Page 2 of 3 City's total contribution to this project is $14,397,725, of which 71.4% or $10,291,318 has been paid to the Developer as of November 20, 2008. Included in the negotiations, was an effort to coordinate the construction of the off-site improvements in connection with this Project. The City has approved and is planning to perform drainage improvements, road improvements; sidewalk, landscaping and streetscape work in the neighborhood around the project, including work on Sixth Street and on Lenox Avenue adjacent to the project site. The work for these streets is contained in the Basis of Design Report (BODR) for the Flamingo Neighborhood Right of Way (ROW) Improvements. Since this project is scheduled to commence after the Fifth and Alton Project is complete, the .Developer expressed an interest to the City to construct these improvements during the Fifth and Alton construction. The Developer was interested in performing the work concurrently with the project, so that its development is not adversely impacted by the Flamingo Neighborhood project when it is built. At its October 7, 2008 Meeting, during the public hearing for Second Reading of the Development Agreement, Berkowitz Development again went on record stating that, if it was to perform the improvements, then the proposed Development Agreement must be approved by the end of October. At the October 7"' Meeting, the City Commission, opened and continued Second Reading of the Development Agreement to a Special City Commission Meeting on October 22, 2008. At this Special City Commission meeting, the second reading public hearing was held, and following said public hearing, the Mayor and City Commission approved a motion rejecting approval of the Development Agreement. At the same meeting, the Mayor and City Commission approved the award of Invitation To Bid 43-07/08, for infrastructure improvements on Lenox Avenue and 6"' Street, to Central Florida Equipment Rentals. ANALYSIS The City used construction documents prepared by the subject consultants when advertising the project and will need the services of these firms during construction. However, the agreements were to be between Berkowitz Development and the subject firms. As the City is now overseeing the work, it is necessary to bring the consultants under the direct control of the City by assigning the agreements over. As Berkowitz Development was an intended party to the agreements, these agreements are not the standard City form. Therefore, they were reviewed by the CIP Office to determine if the scopes were sufficient for City requirements. The Schwebke Shiskin contract was revised to require a greater role in the oversight and monitoring of the construction, making the responsibilities of the consultant similar to the responsibilities of the consultants on other right-of-way improvement projects. Further, the hourly rates of the consultant are now similar to the hourly rates of the consultants on other right-of--way improvement projects. The agreement now contains language requiring regular site visits by a construction monitor to verify conformance with the plans and specifications, shop drawing review, attendance at construction progress meetings, and production of electronic record drawings. As a result, the consultant now has the scope in its agreement to meet the needs of the City that are typical of the right-of--way improvements projects. Commission Memorandum, December 10, 2008 Engineering Services for 6u' Street & Lenox Avenue Improvements Page 3 of 3 The total cost of these services is $113,750, of which $53,518.50 has already been performed. However, this amount, although incurred on behalf of the City, has not been paid. This amount was expended for the design and engineering of the Project which is represented by the documents that were placed out for bid. It is appropriate for the City to pay this amount as it is for the City's Right-of Way. The City intends to pay the back due amount upon approval of the assignment. The balance of the funds represent the negotiated amount necessary for the Construction Management effort to support the Project. This consists of a project representative, responses to Requests for Information, change orders, submittals, and other related work effort. The proposed scope of services and schedule of fees (inclusive of those services already provided) are attached in detail, and are summarized below: Schwebke-Shiskin • $35,600 -Site Paving, Grading, Drainage Markings and Geometric Plans and Stormwater Management; • Up to $55,250 -Construction and Post Construction Services. C. Davis Electric • $19,200 -Engineering and coordination for the design of the roadway lighting. EGS2 Corporation • $3,700 -Landscape Architectural Services CONCLUSION The Administration recommends that the Mayor and City Commission approve the attached Resolution, approving the assignment to the City of the agreements between Berkowitz Development Group, Inc., for civil engineering services, roadway lighting, and landscape architecture services, in the total amount of $113,750. JMG/TH/kc T:WGENDA12008Wovember 5~Regulai12009-Commission.dates-MEMO.doc F~i l N S O U T H Q E A C H SENT VIA FACSIMILE 786-394-4222 AND RE,GIJLAR MAIL November 26, 2008 Kevin Crowder Director Economic Development Division & Legislative Affairs City of Miami Beach 1700 Convention Center Drive Miami Beach, FL 33139 RE: CIP 6th Street and Lenox Avenue -Design Professionals Dear Kevin: Please accept this letter as the release and authorization from AR&J SOBE, LLC to assign our rights to the Lenox and 6th Street improvements so as to allow the City of Miami Beach to contract directly with the following design professionals involved in the design of the improvements on 6th Street and Lenox Avenue for the City of Miami Beach Community Improvement Projects (CIP). Schwebke-Shiskin Associates, Ltd. -Civil Engineer C. Davis Electric Co., Inc. -Electrical Engineer EGS2 Corporation -Landscape Architect If you require any Sincerely AR8~J SrO~~, IdLC Jeffrey L r information, please do not hesitate to contact me. Manager G:\Document Root\Fifth & AltonWdministration\Construction\CIP Project\COMB Kevin Crowder Release Design Prof 112608.doc ~.~~ Managed by Berkowitz Development Group www. berkowitzdevelopment. com 2665 South Bayshore Drive, Suite 1200 Coconut Grove, Florida 33133 Te1305/854-2800 Fax 305/859-8300 ~C/2GlTELTi2E - G1F2L1/2~ ~ ~SSrJL'CQEES., ~/12L?. Mark S. Johnson, Ps.M. Land Surveyors -Engineers -Land Planners Ronald A. Fritz, P.S.M. Pierre E. Calvet, Ps.M. 3240 Corporate Way • Miramar, Florida 33025 Mbhael J. Auay, P.s.M. Phone: (954) 435-7010 • Fax: (954) 438-3288 Jose L. Senfiel, P.S.M. December 2, 2008 Mr. Richard W. Saltrick, P.E. Sr. Capital Project Coordinator Capital improvement Projects Office City of Miami Beach. 2665 South Bayshore Drive, Suite 207 Coconut Grove, Florida 33133 (305) 673-7071 Tel {305) 673-7073 Fax richardsaltrick@miamibeachfl.gov Alto~so C. Tello, P.E., P.S.M. Hernando J. Naves, P.E. Luis F. Leon, P.E. Alberto A. Mora, P.E. RE: Capital Improvement Project for Lenox Avenue 8~ 6r" Street in front of 5th ~ Alton Vertical Retail Center. Dear Mr. Saltrick: Please accept this proposal for the Civil Engineering Services for the above referenced project. ' SCOPE OF SERVICES & SCHEDULE OF FEES: I. Site Paving, Grading, Drainage Markings and Geometric Plans, Stormwater Management: Y Our firm will prepare paving, grading and drainage plans for the above referenced site as depicted in the 60% complete plans prepare by the City of Miami Beach C.I.P. Our plans will include all pertinent construction details and specifications on the plans {No book specs will be provided).Our scope of services will include a pavement marking and signage plan. Prepare all drainage calculations required by DERM & F-DOT. Prepare all pertinent drainage applications required by DERM & F-DOT. Our firm will aid the owner in executing all of the drainage related applications. Our firm will process the paving, grading, drainage signage and marking plans, as well as, stormwater calculations through DERM, F-DOT, the City of Miami Beach Public Works Department and Its C.LP. Office. ~ We will coordinate all submittal related to the processing & permitting of the Civil, Irrigations, Hardscape and Lighting Plans, thru the City of Miami Beach. T:~NANDd\PROPOSAL 2008\CIP fifth & atton off-stte.doc Mr. Richard Saltrick, P.E. City of Miami Beach {C.I.P. Office) Page 2 of 4 ~ Qur firm will attend all required coordination meetings with the C.I.P. office and other related departments with in the City of Mrami Beach. v C1ur fees for this portion of the work will be at a lump sump amount of $35,fi00.00 ll. Construction and Post Construction services: ~ Attend pre-construction and or coordination mee#ings with owners representative and contractors ~ Review shop drawings related to the Civil Engineering Discipline - Monitor the construction of the site wark in accordance with the terms of the Developer's Agreement (26 week duration 2-site visits per week ) - Review & approve payment request of the site work in accordance with the tem;s of the Developer's Agreement (7 draw requests) Review RFI's from contractors and or other consultants ~ Review soil density reports, concrete testing and lab results required during the construction of the job Review Inspection reports, As-built Plans, Prepare certifications F-DOT and the City of Miami Beach r Attend bi-weekly (26) meeting on-site with C.I.P. Project Manager, Contractor & Developer ~ Prepare final punch list as well as pertormed final inspection of works ~ Prepare Record Drawings based on contractor's marked up as-built plan - 4ur fees for this portion of the work will be Invoiced at an hourly rate of $140.53 for project .manager and at $94.76 per hour for resident project representative in a not to exceeded amount of $55,250.00 1' ~' T;1NAN041PROPOSAL 2D081CIP fifth 8 afton off-site.doc Mr. Richard Saltrick, P.E. City of Miami Beach (C.I.P. Office) Page 3 of 4 CLOSURE: Lump Sum Fee - All Lump Sum fees are based upon services being performed during regular business hours (Monday thru Friday 8:00 am to 5:00 pm). Any services requested by the client to be performed outside of regular business hours will carry a surcharge of 0.50 times the hourly rate of the employee(s) performing said service, Invoicino and Payment -Work will be invoiced monthly based upon a proration of work completed to date, with payment expected within 30 days of receipt of the invoice by the client. If Schwebke- Shiskin & Associates, Inc., commences legal proceedings to collect. any monies due under this agreement, then the Client agrees to pay any costs or attorneys fees incurred by Schwebke-Shiskin & Associates, Inc., in connection with such legal proceedings, including such as are incurred in any appellate proceedings. Reproduction and Outside Service Fees -Unless otherwise specified, the above service fees~do not include the cost of printing, postage, copies, long distance phone calls, facsimiles or reproductions, nor do they include the cost for outside services by others. These fees are separate charges and will be invoiced to you as direct charges, plus a 10% carrying charge for outside 5eNICeS. Deliveries 8 Special Handling -Federal Express handling and special orders will be invoiced to the Client as direct charges, plus a 10% carrying charge. Hand deliveries requested by the Client and performed by Schwebke-Shiskin 8~ Associates, Inc., will be invoiced at a rate of $25 per hour. Limitation of Consultant's Liability -Consultant shall procure and maintain insurance policies with such coverages and in such amounts and for such period of time, as it deems appropriate, or as required by and set forth in this agreement. Owner hereby agrees that to the fullest extent permitted by law consultant's total liability to owner far any and all injuries, claims, losses,expenses or damages whatsoever arising out of or in any way related to the project or this agreement from any cause or causes including but not limited to consultant's negligence, errors, omissions, strict liability, breach of contractor breach of warranty (hereafter "Owner's Claims") shall not exceed the total sum paid on behalf of or to consultant by consultant's insurers in settlement or satisfaction of owner's claims under the terms and conditions of consultant's insurance policies applicable thereto (excluding fees, costs and expenses of investigation, claims adjustment, defense and appeal). T:WANDOIPROPOSAI 20081CIP fifth & akon off-site.doc Mr. Richard Saltrick, P.E. City of Miami Beach (C.LP. Office) Page 4 of 4 Limitations of Construction Responsibilities of Schwebke-Sbiskia & Associates inc. The OwnedDeveloper and Schwebke-Shiskin & Associates, Inc. agree that: I) Schwebke-Shiskin & Associates, Inc sole responsibilities to the Owner/Developer/Architect are setforth in the SCOPE OFSERVICE section of this agreement and the SCOPE OFSERVICE section may not be modified except hr wrhYng and signed by an authorized representative of Schwebke-Slaiskht & Associates, inc. 2) Schwebke-Shiskin & ,Asociates, Inc. shad not be responsible for the means, methods ar techniques of construction utilized by any general contractor or subcontractors or independent contractors on the Project, since Schwebke Shiskin & Associates, Inc has no right to contra! the genera! contractor, subcontractors or independent contractors hr the performance of their work. Schwebke-Shiskin & Associates, Inc. also shall not be responsible jor establishing or manitorhg safety precautions and procedures for [he Project or the fallure ojthe general contractor, subcontractors or independent contractors to carry out their work in accordance with their contract documents or any applicable building codes or governmental requirements. 3} Sch webke-Shiskin & Associates, Inc /ras no duty to supervise the day to day construction wank of the generai contractor, subcontractors or independent contractors and assume no responsibilky for any negligent acts or omissions of fire general contractor, subcontractors or independent contractors Proiect Termination -Should at any time during the project the Client find it necessary to discontinue the services described above, or i# the parties mutually decide to terminate this agreement, the Client will compensate Schwebke-Shiskin & Associates, inc., on an hourly basis for the percentage of work completed plus reimbursable expenses. I would like to thank you far giving us the opportunity to offer you this proposal. If this proposal is acceptable to you, execute the original and return it to our office, so we can proceed with the work. Respectfully submitted, CJ¢3SO~ES~ ~ITC3~ 1J. Navas, Vice Pres For: City of Miami Beach Capital Improvement Projects Office Accepted By.' fSignaturc) (Print Name) (Date) T;WANDO\PROPOSAt. 2008\CIP fifth & anon off-site.doc W i t0 a Z W J U H (~ '~f N V' N O (p M r N h tD ~ ~7 M tO M ap h O M N F` w r @- 0 (~ ~T N ~T N !` M r ~ N N OD -~t' r td tD CO M ~A tCJ O e GO ~ Oi st 0 r •' ~ r (0 d' 0> N M M N N O O <D r fp M ~ r 0 N tV ~ 69 V! NfA IM! !I' ! b? ~ to !19 V! 69 W W ILI F ~^ en 1t'7 tC tR S h M lf M > t[') M tI M ) to M ~ M to M ~ tD ~ O ~ O e} ~ ' si sT ~ tf st ~ ' ~ } ^ > J r r EIY (/ y r fA r tH r IA r fA r fA r fR e1 r V O> (!~ } ~ ~ C N i/7 O ~ ~ _ r .~ 0 Z Ea-. ~ o x ~ ~ ~ ~ U ~ CD CO (OO ~ N ~ ~ r ~O O N r~ ~ ~ N N r N ~ H C 0 d' O d U N ~ 0 0 a s d z Q z o Q U ~ ~ ~ •~ c 3 o a m ~ a~i (J c p ~C m z ~ o ~ ~ i~o ~ ~ ~ ,tf ~ U ~ c J c ~ y ~ ~ ~ ~ o ° O o ~' w ~ a ~ ~ ~ a ~ ~ a i c m ~ g v c ~ V C ~ ~ ° ~ c ~ y ~ ~ ° Y ' C' '~ ~qq7 N t O d LL y H y y +. ~i W o ~c n c~ ~ ~f - c ¢. ~ m a ~ t /Y~ Q ~ a3i 41 ~ ° ~ m d m m m a~i a~i N a~i a~i ~ ~ ~ m ~ - d ~ ~ ~ ~ ~ ~ ~ dt L a 0 x ~ • - N M ~t [yc D ha p O O ~ N to X W W a2S X O Z W J a a U m 0 0 N v`~ a °~ O 0 z 3 !-- ~.. ,:~~ ^'~'' ~ ~'' C. DAVlS ELECTRIC CO., lNC. ELECTRIC November 12, 2007 Ann O'fIare Berkowitz Development Group 2665 South Bayshora Drive, Suite I200 Coconut Grave, FL 33133 Reference: Fifth and Alton ClP Roadway Lighting Dear Ann, This ie our proposal far providing the engineering and eaardinatioa for the design of the roadway lighting an 6s' Street and Lenox that is adjacent to the Fifth & Alton Vertical center. This project will be part of the City of Miami Beach Capital Improveatents. Coordination shag include attendance at scheduled meetings, review of desi~n toward minimum conatruation oasts and site inspections. We will invoice by the ZS monthly on a percentage complete basis and payanent will be due within thirty days of billing date. Bngineering and Design X16,000.00 Coordination $ 3,200.00 The fatal value far this work is an add $19,200.00 Please leans a purchase order far this work. Shauldyau have questions orwish to discuss these i Sincerely, .~~~~~ DavidR Terry Qperatians Manager $ B.A. Consulting Euglneerg November g, 2007 Mr. pavid Terry G, DavEs QeoMc Company 1701 SW 100°i Terrace ,Miramar, Florida 83026 • Re: Ffti;`!t 8 Alton Roadway Ligfrfing Mlamf, Florida t=ea Propose! Dear Dana; Thank you forthe opportunity to prnvlde you a proposal forprofasslone! engineering servtoes. The following is a confirmation of ourverbal response, PROJECT DESCRIPTION We understand the project to be design of roadway Ilghtlng an B" Street and tsnox thatare adjacent to the Flfth & Alton Vertical Ratap Center. Tha project wlU be part of the Clty of Mtamt 8eaoh Capital Improvements. , This proposal is in accordance with our telephone convetsaUcns and your recent emafis. 9COP>= 4F 9ERVlCF.9 We wtll render bash engineering services to provide design of roadway ltghtlng system, as required for a complete projeotmeetlng afiapplicabte codes and ordinances. The baste engineering services also (nIIlude shop drawing review and responses la RFI's. Attendance at regularly scheduled project meetings, (scheduled by conbaolor) and site visits during aanstruotlon are excluded. Base faa includes oaonilnatlon of roadway Ilghtlng with the clvp engtneerand with the Clty of Miami Beach Pubile Works Department: pesign wilt be in accordance with CUfiamt Beach standards and criteria FFt: We will render basic engineering services to prov(da eleotrlaal, oonstructlon documents for a lump sum fee of sixteen thousand dollars (1616,000.00), The cost of two seb of elecironla plot files or plats fnr coordlnatIan of lighting documents or for Issuance at Construction Doouments and Permit Dcouments is inaiuded in the fee. Ail expenses Incurred for additional prinking, addiiona) CADD plaiting, aourlereervlce, avemightdefiveryend longdlstanca telephnne • callsraqulredfortt>edavelopmenloflheprojectconlraatdocumenlsandConstNctlonAdmlnistratlonandlor Addltlonal 8enrices wfu be reimbursable to t3&A. ieoe Ludovie Lane Deoe~tur, C:eorgIa 80033 (40d) 325-3120 BAK (~oa) szs-2ooe Mr. David Terry November 9, 3007 Page 2 ADDfi7ONAL SERVECES Other serYlces over and shave the scope of work outlined wlll 6e lnVnlcad to you an an hourly bads ar nagoUated lump sum. Our hourly rates ate es follows ResponslbWty Lave) Rate S Principal 200.80 f3enlor Ganstructlon Manager '!75.00 Senior PraJecl Manager 125.dD Designer 100.OD ¢ADn Operator . T0.00 Adminlstradve SeNtces 60.00 Wa vdtl Invnice monihly+ fer saNlces rendered based upon our percentage complete. Wa will p~vide separate Invoices for baelc servlcea and out of pocket reimbursable expenses. Payments will ba dua within ebdy days after iha billing data for basic service lnvatces and wllhin tttlrty days alter the bpling dale foroutofpookatreimbursabte expanses: ~ ' We appreolata the oppottunlly to respond to ynur request and look fonnrard IrJ a favorable dedsicn. Please trldlcata eppraval of this lea by eigning end reluming one copy to ue far our alas. nonsld ~. Sbe'ar3rP.E ExeauBvaVke-President nS:sc AccEPTEo c, nAVis ELLCTRtc coMPAhIY t3Y: DATE: i I i i . .. , ' EGSZ Corpor~ticart May b, 20Ub .Mr,. Ann O'Hare Bcrkowia i~evelt>irment Group 2Cafi5 SauthBayshorc !)rive, Suite 120U Cacoavt grave, ~. X3133 !t a: Ss` & Alton - U, f F she X.rru'coxA>v~r>':ue & dry` 5Rraet Dcar N1's. q'Hurc, This letter is being written is lieu of u uaorc formal aign:r;ment hetw~n Dcrkawitr. DeveXol~ment Group rind my firm, hc:rrinafter cnllt3d ttac Lrandtigrape 1Lcvlaitect. Thifi Prnpcrsal is for sddititannl Scrvic:cs rrt the rahnvc rcferenc:ed projcct relating to oif site irnprovcmcnts. 1. East side J.ennax Avcnuc and l~ittrth ~lidc (i'h Street: a. PluntirJg plan for Periwctcr street,~tcupc eorrespcanding to City Streetscape Mafiter Plan. l'lrip will indicate locutit~u, size anti spec.•iey cf prnpascd landscape rnuterial. h. Aartl~cape plw..indicating rcq~iixed etc>itacnts carre.~Ptmtling to City 5trcetscape Muster Plan, c. lt7igutitrn plran rwd SpecificulicraK. d Altendauce at meetingi as required. c, Ccrti#Icatit7n ui• Lrint'l3cape !n~'trtl lulictn, 2. Servieca not included: a. (:ivil/Site Engineering ar any otlat:r site relrited work. h. Spet~catians oklaer lhrsn Haase iuclud~:t3 within the dt"~winss for consttvctinn. ' r3:\egsZlSth ld: Aln~~~~~tr E~eSU°d.~!~~~ivi~SU~~iS"-Q.S-DS"d~re artd Pk~nltinp u~~~~e # I.A 11A7 5SJ0 9W 70 Sfra~l, boulh Mierut, Flora. 33149. ;I05/8T4-2708. FsX spW27~1-2pa7. www.EG.52•Carp•L.endec~pe.aom 600/ 500'd 'IZSZ~ Z9Y1trr6 IiSJHIS LBBZlLZ 50E ZO~Zt HOOZ'90'fitYr 3. Cnmpensdtign: u. Far servic:as dascriUcd in patngriphs y A-9 D, BerkoK+itz Uevelnpm.~nl Group agrees to pay fire .Landsc;uPe .Arclu •'t the gum ty:f .~3,70p.00 ('1'hxee `J.'liousdnd Sevan Hundred Jaallars anti 00/100 ccn[~) plus rnaet~ngs. Ati i'c~ilt~wti: 1 a. -- Planting Ylarts ...............................................:li 1,100.00 7 h. - yarclw`cape Plant; ................................~ 1,UOU.UU Ie:. - 7rrlgation Plans ................................ ..~ 1,SOQ.O(1 l.d, -Meeting Attendance.... _....... ~ ...............~; 75.00 plhr ] ea. - Landscape Ccrtitication ........................ $ lOtl.OA 4. Any additional work beyond the scene of this contract ~cgreement will h4 billed an an hourly basis as fallowti, a~tcr receiving prior approval: Landscape Architect - Principul .................ifi I00.00/hr. Urai~ing1CAJ~.... _.....:~ 6SAO/lu'. S. In the. event this job is term,intited b~farc caYnplction of the cirliwingS, compensation tv the l,smdscttpe Arclutc:et shall be prtaparlicynal lcs work completed up to that time. ti. In the event sets o~ blueprints are regucstLd, such prim; shall bc~ reimbursable to the Luncivcdpe Architect at :i`1.:~0 Per printctl sheet, if a blueprint c:ampaay is .sot usud. 7. Payment pFist Clue the Lienel.~se:aPe Architect under this agrccluent shall bear intcrast tll Lhe monthly rate of 'lryu comnzenc.'in; 30 days after the date pf Ui7ling, foul all legal feeti incutied by cilher parties, inval vhng puyme3nl5 of ihis agreement, xball not hu bamc by the prevailing party. ~. YZeimhursnhle expanses such u.S; travel, long distance phony cabs, rcderal F~.press, c~acpress nta31, G~UriGr deliYerieti, etc., will be billed parioclicaify ati rehnbut'ssblcs at ] .3 x ncar~i. 9. Then Landscape Arclurcct does not cuty inyurane:e. If Uwnex requires the Ltcndscapc Architect catty insurance, the insurance wi U be purr:hasat[ f-l the C)arner's ea~pbt~se. It is further understood sad rigreed that this: ~tgraxnaat slz<~II he binding upon you, your successors and ;sssigns, :u~d th;tt in the event you use the abvvc described documents, ailhar in whole ar in ~;ubs,lantial part, Ar not use these documents on either the pn>Fscsaeci praparty or :tny athcr site, anti remit the rsbove statEd sums, ~1:1oLxZ1.'fth ~ AlnmlNmpusn[ - lsnaaa AvC !t 6W 8ln~at5-OS•OB.dua 600/ 900'ct ZZSZ# Z81t1iA6 tiSD3I8 L98Z1LZ BOE ZO%Zt SOOZ'90'z1fW that the undersig~neci tihuli preserve and retain all sMtutc,ry lien rights ns prescril,ed by the Sta[ute~ of the State ofI~7oridn. The 1'.anctscttp~; Architect shuU »qt have the right to assi~ lEus cnntracttinless consentis gran[edby the client. C)wnt3rship nF the cirtawiugs, a~ well as lien rlgiat~s, remrsiin the sole passessian a(' the Landscape Architect and under na circumstances ecru any raprctduc[ion of tUc drawings lie t,e7aa7ikteci without kl,e T.:u,dscape A.rcltitect'h con4cnt. Titc tandscr~pc Arc:hitcct arcs that the Qwnar finny clssign this cctn[ntct to aII0t11CC 01' lt5 CgtttlCS far the UaSIc services without prit~r cun;3ant !'rout the l~nnd.SCEq,e Architect, tur u huitding, which tttay be cuustructGd on the ahave- menticuied prc7perry~ Tf this pruparul niect.~ with your approval, ple~L~e tiign both c~nd xeht>~n ~i t:c~py Cc)r our rccards. Wark wiU cpmmence upon receipt of this canirnct. Sincerely, A.CiIt'~;EU AND C:[;EPTT'si~, thiti ~.._ da~ 200 , ~` ~S'F#1Wt 1 . ~ ~~ w~,Ltian, A. rimer, a.~.L.,a-. ~- ~ - PreSidenr I3y; AtITHt)IttZl3 I S A 'IVF {i:1eRn2l5th ~ Altrn-1t'iapaxaf - Lamux Avc !$ 6th StreetSA5-0B.due 600/ L00'd ZZSZ~ Z$tMRB 88fl3Z5 LSBZ$I.Z 58B ZOtZi BOOZ'90'FYAI