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PSA WITH UNIDAD OF MIAMI BEACH, INC. 0 6//- -27S PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND UNIDAD OF MIAMI BEACH, INC. FOR PROJECT MANAGEMENT SERVICES RELATIVE TO THE DESIGN, DEVELOPMENT AND CONSTRUCTION OF CERTAIN IMPROVEMENTS AT BANDSHELL PARK TO INCLUDING A TERRACE, TREE RELOCATION, AND UTILITIES, ADJACENT TO THE NORTH BEACH OCEANFRONT CENTER, LOCATED AT 7251 COLLINS AVENUE, MIAMI BEACH, FLORIDA This Profe Services Agreement (Agreement) is entered into this day of , 2011, between the CITY OF MIAMI BEACH, FLORIDA, a municipal corporation organized and existing under the laws of the State of Florida, having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida, 33139 (City or Owner), and UNIDAD OF MIAMI BEACH, INC., a Florida Not for Profit Corporation, whose address is 1701 Normandy Drive, Miami Beach, FL, 33139 -1821 (Consultant). SECTION 1 1.1 DEFINITIONS Agreement: This Agreement between the City and Consultant, including any exhibits and amendments thereto. City Manager: The chief administrative officer of the City. Consultant: For the purposes of this Agreement, Consultant shall be deemed to be an independent contractor, and not an agent or employee of the City. Services: All services, work and actions by the Consultant performed or undertaken, or caused to be performed or undertaken pursuant to the Agreement. Risk Manager: The Risk Manager of the City, with offices at 1700 Convention Center Drive, Third Floor, Miami Beach, Florida 33139: telephone number (305) 673 -7000, Ext. 6435: and fax number (305) 673 -7023. 1.2 ADDITIONAL DEFINITIONS Architect: Shall mean Consultant's architect for the Improvements (as well as for the North Beach Oceanfront Center Project), Rene Gonzalez Architect, 670 NE 50 Terrace, Miami, Florida, 33137 Change: Any proposed or approved material addition, deletion, or revision in the Work (including, without limitation, material changes in the approved Final Plans and Specifications), or an adjustment in the Final Improvements Budget, or the completion date or other construction timetable. 1 Change Order: A document which is signed by Consultant, Contractor, Owner, and also, if required by Owner, the Architect, and authorizes a Change. Construction Contract (or Contract): That certain Contract for Construction between the Consultant and KM /Plaza for construction of the North Beach Oceanfront Center Project, which Contract also provides (or shall provide) for construction of the Improvements. Contractor: Shall mean Consultant's General Contractor for the Improvements (as well as for the North Beach Oceanfront Center Project), KM / Plaza, a joint venture comprised of Katz Meltzer Construction Co. and Plaza Contracting Company, LLC, 120 N.E. 27 Street, Suite 600, Miami, Florida, 33137. Final Completion: The date when all Work has been fully completed in accordance with this Agreement and the Final Improvements Design, and a final Certificate for Payment has been issued by the Architect and approved by the Owner. Final Improvements Budget: Final budget, as mutually agreed to by the Parties, attached as Exhibit "7" hereto, and representing the final not -to- exceed hard and soft costs approved in connection with the design, development and construction of the Improvements, and including the Improvement Design Costs and the Not -to- Exceed Improvements Costs. Final Improvements Design: Final approved design of the Improvements prepared by the Architect, in consultation with the Consultant and the City, pursuant to Building Permit No. B0901709, and the drawings attached in Exhibits "1A ", "2A ", "3A ", "4A" and "5A" hereof. Improvements: Those certain improvements to be designed, developed and constructed by Consultant (through Consultant's Architect and Contractor) in Bandshell Park, located between 72 and 73 Streets, east of Collins Avenue, in conjunction with Consultant's design, development, and construction of the North Beach Oceanfront Center Project. The Improvements will include the design, development, permitting and construction of a terrace and associated walkways /ramps and lighting; a new domestic service line, including tap, at 73 Street; design and construction necessary to elevate two (2) existing sanitary sewer manholes to meet grade elevation temporary hand watering of transplanted trees in conflict with the footprint of the terrace and ramps; and water and electrical sub - metering of public restrooms. Improvements Design Costs: Shall include, but not be limited to, all costs, fees and expenses associated with the preparation, design, engineering, and any and all other work by Consultant, and all of its agents, employees, contractors, 2 consultants and professionals, including, but not limited to, the Architect, with respect to the overall design, management, and construction administration of the Improvements. Not -to- Exceed Improvements Costs: Shall include, but not be limited to, all costs, fees and expenses incurred in connection with the design, development and construction of the Improvements, as agreed to by the Parties in the Final Improvements Budget. As of the date hereof, the parties acknowledge and agree that the City has budgeted an amount not to exceed $407,291.76 for the Improvements. Notwithstanding the preceding sentence, in the event that the Improvements are designed, developed and constructed for less than the not to exceed $407,291.76 amount, then any unused funds will belong to the City. Substantial Completion: Means the date when the Work, or designated portion thereof, is sufficiently complete, in accordance with the applicable portions of this Agreement, the Construction Contract, and the Final Improvements Design, so that the Improvements can be utilized for their intended use, and subject further to Consultant's compliance with the provisions of 13.3 hereof. Unavoidable Delays: Means delays due to strikes, slowdowns, lockouts, acts of God, inability to obtain labor or materials reasonably within the originally contracted for price range, war, enemy action, civil commotion, fire, casualty, severe weather conditions, eminent domain, a court order which actually causes a delay (unless resulting from disputes between or among the Parties alleging an Unavoidable Delay, present or former employees, officers, members, partners or shareholders of such alleging Party or affiliates, or present or former employees, officers, partners, members or shareholders of such affiliates of such alleging Party), or another cause beyond such Party's control, or which, if susceptible to control by such Party, shall be beyond the reasonable control of such Party. Such Party shall use reasonable good faith efforts to notify the other Party not later than twenty (20) Calendar Days after such Party knows of the occurrence of an Unavoidable Delay. Failure to provide timely notice, as set forth herein, shall not be deemed a waiver by the Party alleging an Unavoidable Delay. In no event shall (i) any Party's financial condition other than due to a material increase in the costs of labor or materials, or inability to fund or obtain funding or financing, constitute an "Unavoidable Delay" with respect to such Party, (ii) nor shall any delay arising from a Party's default under this Agreement or the Construction Contract, constitute an "Unavoidable Delay" with respect to such Party's obligations herunder. The times for performance set forth in this Agreement (other than for monetary obligation of a Party) shall be extended to the extent performance is delayed by Unavoidable Delay. Work: Means the construction and services required by this Agreement and the applicable portion(s) of the Construction Contract, for the 3 Improvements, and includes all labor, materials, equipment and services provided or to be provided by, or on behalf of, the Consultant to fulfill its obligations herunder. SECTION 2 SCOPE OF SERVICES (SERVICES) 2.1 Consultant shall provide, or cause to be provided, the work and services described in Schedule "A" hereto (collectively the Services). 2.2 Intentionally Omitted SECTION 3 TERM The term of this Agreement (Term) shall commence upon execution of this Agreement by all parties hereto. The Services shall be completed (i.e. Consultant shall have achieved Final Completion of the Improvements, as required pursuant to Section 13.3 hereof) on or before (and in any event no later than) the Final Completion and acceptance by the City of the North Beach Oceanfront Center Project. SECTION 4 COMPENSATION 4.1 In consideration of the Services to be provided, Consultant shall only be reimbursed for all direct costs and expenses related to the Services, on a not -to- exceed basis, in accordance with the Final Improvements Budget. Consultant acknowledges and agrees that in the interest of having the Services prosecuted, and the Improvements completed, on or before the completion of the North Beach Oceanfront Center Project, Consultant shall not charge (and hereby voluntarily waives any and all claim(s) to) any fee and /or other compensation associated with its program management services pursuant to this Agreement. 4.2 Intentionally omitted. 4.3 Intentionally omitted. 4.2 INVOICING Upon receipt of an acceptable invoice, approved by the City, payment(s) shall be made within thirty (30) days for that portion (or those portions) of the Services satisfactorily rendered (and referenced in the particular invoice). Invoices shall be submitted to the City in accordance with the requirements of Section 13.2 (for Partial Payments), and Section 13.3 (for Final Payment) hereof, and shall be submitted to the City at the following address: City of Miami Beach Capital Improvement Projects Office (CIP) 1700 Convention Center Drive Miami Beach, FL, 33139 4 Attention: Thais Vieira, Capital Projects Coordinator SECTION 5 EVENTS OF DEFAULT; TERMINATION 5.1 TERMINATION FOR CAUSE If the Consultant shall fail to fulfill in a timely manner, or otherwise violates, any of the covenants, agreements, or stipulations material to this Agreement, the City, through its City Manager, shall thereupon have the right to terminate this Agreement for cause. Prior to exercising its option to terminate for cause, the City shall notify the Consultant of its violation of the particular term(s) of this Agreement, and shall grant Consultant thirty (30) days to cure such default. If such default remains uncured after thirty (30) days, the City may terminate this Agreement without further notice to Consultant. Upon termination, the City shall be fully discharged from any and all liabilities, duties, and terms arising out of, or by virtue of, this Agreement. Notwithstanding the above, the Consultant shall not be relieved of liability to the City for damages sustained by the City by any breach of the Agreement by the Consultant. The City, at its sole option and discretion, shall be entitled to bring any and all legal /equitable actions that it deems to be in its best interest in order to enforce the City's right and remedies against Consultant. The City shall be entitled to recover all costs of such actions, including reasonable attorneys' fees. 5.2 TERMINATION FOR CONVENIENCE OF THE CITY THE CITY MAY ALSO, THROUGH ITS CITY MANAGER, AND FOR ITS CONVENIENCE AND WITHOUT CAUSE, TERMINATE THE AGREEMENT AT ANY TIME DURING THE TERM BY GIVING WRITTEN NOTICE TO CONSULTANT OF SUCH TERMINATION; WHICH SHALL BECOME EFFECTIVE WITHIN THIRTY (30) DAYS FOLLOWING RECEIPT BY THE CONSULTANT OF SUCH NOTICE. IF THE AGREEMENT IS TERMINATED FOR CONVENIENCE BY THE CITY, CONSULTANT SHALL BE PAID FOR ANY SERVICES SATISFACTORILY PERFORMED UP TO THE DATE OF TERMINATION; FOLLOWING WHICH THE CITY SHALL BE DISCHARGED FROM ANY AND ALL LIABILITIES, DUTIES, AND TERMS ARISING OUT OF, OR BY VIRTUE OF, THIS AGREEMENT. 5.3 TERMINATION FOR INSOLVENCY The City also reserves the right to terminate the Agreement in the event the Consultant is placed either in voluntary or involuntary bankruptcy or makes an assignment for the benefit of creditors. In such event, the right and obligations for the parties shall be the same as provided for in Section 5.2. SECTION 6 INDEMNIFICATION AND INSURANCE REQUIREMENTS 6.1 INDEMNIFICATION Consultant agrees to indemnify and hold harmless the City of Miami Beach and its officers, employees, agents, and contractors, from and against any and all actions (whether at law or 5 in equity), claims, liabilities, losses, and expenses including, but not limited to, attorneys' fees and costs, for personal, economic or bodily injury, wrongful death, loss of or damage to property, which may arise or be alleged to have arisen from the negligent acts, errors, omissions or other wrongful conduct of the Consultant, its officers, employees, agents, contractors including, without limitation, its Contractor and Architect, or any other person or entity acting under Consultant's control or supervision, in connection with, related to, or as a result of the Consultant's performance of the Services pursuant to this Agreement. To that extent, the Consultant shall pay all such claims and losses and shall pay all such costs and judgments which may issue from any lawsuit arising from such claims and losses, and shall pay all costs and attorneys' fees expended by the City in the defense of such claims and losses, including appeals. The provisions of this Section 6.1 and of this indemnification shall survive termination or expiration of this Agreement. 6.2 INSURANCE REQUIREMENTS The Consultant shall maintain and carry in full force during the Term, the following insurance: 1. Consultant General Liability, in the amount of $1,000,000; 2. Consultant Professional Liability, in the amount of $1,000,000; and 3. Workers Compensation & Employers Liability, as required pursuant to Florida Statutes. 4. Insurance required of Consultant's Contractor, as set forth and attached in Exhibit "8" hereof. The insurance must be furnished by insurance companies authorized to do business in the State of Florida. All insurance policies must be issued by companies rated no less than "B +" as to management and not less than "Class VI" as to strength by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All certificates shall contain endorsements providing that written notice shall be given to the City at least thirty (30) days prior to termination, cancellation or reduction in coverage in the policy. Original certificates of insurance must be submitted to the City's Risk Manager for approval (prior to any work and /or services commencing) and will be kept on file in the Office of the Risk Manager. The City shall have the right to obtain from the Consultant specimen copies of the insurance policies in the event that submitted certificates of insurance are inadequate to ascertain compliance with required coverage. The Consultant is also solely responsible for obtaining and submitting all insurance certificates for any sub - consultants, including, without limitation, Consultant's Architect and Consultant's Contractor. Compliance with the foregoing requirements shall not relieve the Consultant of the liabilities and obligations under this Section or under any other portion of this Agreement. The Consultant shall not commence any work and other services pursuant to this Agreement until all insurance required under this Section has been obtained and such insurance has been approved by the City's Risk Manager. 6 SECTION 7 LITIGATION JURISDICTIONNENUE /JURY TRIAL WAIVER This Agreement shall be construed in accordance with the laws of the State of Florida. This Agreement shall be enforceable in Miami -Dade County, Florida, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for the enforcement of same shall lie in Miami -Dade County, Florida. By entering into this Agreement, Consultant and the City expressly waive any rights either party may have to a trial by of any civil litigation related to or arising out Y 9 P Y Y YJu rY Y 9 9 of this Agreement. SECTION 8 LIMITATION OF CITY'S LIABILITY The City desires to enter into this Agreement only if in so doing the City can place a limit on the City's liability for any cause of action, for money damages due to an alleged breach by the City of this Agreement, so that its liability for any such breach never exceeds the sum of $10,000. Consultant hereby expresses its willingness to enter into this Agreement with Consultant's recovery from the City for any damage action for breach of contract to be limited to a maximum amount of $10,000. Accordingly, and notwithstanding any other term or condition of this Agreement, Consultant hereby agrees that the City shall not be liable to the Consultant for damages in an amount in excess of $10,000 for any action or claim for breach of contract arising out of the performance or non - performance of any obligations imposed upon the City by this Agreement. Nothing contained in this section or elsewhere in this Agreement is in any way intended to be a waiver of the limitation placed upon the City's liability, as set forth in Section 768.28, Florida Statutes. SECTION 9 [INTENTIONALLY DELETED] SECTION 10 GENERAL PROVISIONS 10.1 AUDIT AND INSPECTIONS Upon reasonable verbal or written notice to Consultant, and at any time during normal business hours (i.e. 9AM — 5PM, Monday through Fridays, excluding nationally recognized holidays), and as often as the City Manger may, in his /her reasonable discretion and judgment, deem necessary, there shall be made available to the City Manager, and /or such representatives as the City Manager may deem to act on the City's behalf, to audit, examine, and/ or inspect, any and all other documents and /or records relating to all matters covered by this Agreement. Consultant shall maintain any and all such records at its place of business at the address set forth in the "Notices" section of this Agreement. 7 10.2 [INTENTIONALLY DELETETD] 10.3 ASSIGNMENT, TRANSFER OR SUBCONSULTING Consultant shall not subcontract, assign, or transfer all or any portion of any work and /or service under this Agreement without the prior written consent of the City Manager, which consent, if given at all, shall be in the Manager's sole judgment and discretion. Neither this Agreement, nor any term or provision hereof, or right hereunder, shall be assignable unless as approved pursuant to this Section, and any attempt to make such assignment (unless approved) shall be void. 10.4 PUBLIC ENTITY CRIMES Prior to commencement of the Services, the Consultant shall file a State of Florida Form PUR 7068, Sworn Statement under Section 287.133(3)(a) Florida Statute on Public Entity Crimes with the City's Procurement Division. 10.5 EQUAL EMPLOYMENT OPPORTUNITY In connection with the performance of the Services, the Consultant shall not discriminate against any employee or applicant for employment because of race, color, national origin, religion, sex, gender identity, sexual orientation, disability, marital and familial status, or age. 10.6 CONFLICT OF INTEREST The Consultant herein agrees to adhere to and be governed by all applicable Miami -Dade County Conflict of Interest Ordinances and Ethics provisions, as set forth in the Miami -Dade County Code, and as may be amended from time to time; and by the City of Miami Beach Charter and Code (as some may be amended from time to time); both of which are incorporated by reference herein as if fully set forth herein. The Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirectly, which could conflict in any manner or degree with the performance of the Services. The Consultant further covenants that in the performance of this Agreement, no person having any such interest shall knowingly be employed by the Consultant. No member of or delegate to the Congress of the United States shall be admitted to any share or part of this Agreement or to any benefits arising there from. SECTION 11 NOTICES All notices and communications in writing required or permitted hereunder, shall be delivered personally to the representatives of the Consultant and the City listed below or may be mailed by U.S. Certified Mail, return receipt requested, postage prepaid, or by a nationally recognized overnight delivery service. Until changed by notice in writing, all such notices and communications shall be addressed as follows: 8 TO CONSULTANT: UNIDAD of Miami Beach, Inc. 1701 Normandy Drive Miami Beach, FL, 33141 ATTN: Margarita Cepeda, Executive Director WITH COPIES TO: VM Diaz & Partners, LLC 119 Washington Avenue, Suite 402 Miami Beach, FL, 33139 ATTN: Victor M. Diaz, Esq. TO CITY: City of Miami Beach 1700 Convention Center Drive Miami Beach, FL, 33139 ATTN: Thais Vieira, Capital Projects Coordinator Notice may also be provided to any other address designated by the party to receive notice if such alternate address is provided via U.S. certified mail, return receipt requested, hand delivered, or by overnight delivery. In the event an alternate notice address is properly provided, notice shall be sent to such alternate address in addition to any other address which notice would otherwise be sent, unless other delivery instruction as specifically provided for by the party entitled to notice. Notice shall be deemed given on the day on which personally served, or the day of receipt by either U.S. certified mail or overnight delivery. SECTION 12 MISCELLANEOUS PROVISIONS 12.1 CHANGES AND ADDITIONS This Agreement cannot be modified or amended without the express written consent of the parties. No modification, amendment, or alteration of 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. 12.2 SEVERABILITY If any term or provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall not be affected and every other term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law. 12.3 ENTIRETY OF AGREEMENT The City and Consultant agree that this is the entire Agreement between the parties. This Agreement supersedes all prior negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein, and there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not 9 contained in this document. Title and paragraph headings are for convenient reference and are not intended to confer any rights or obligations upon the parties to this Agreement. SECTION 13 ADDITIONAL TERMS AND CONDITIONS 13.1 PERMIT FEES The City agrees to waive any and all City permit fees required to be obtained from the City. 13.2 FUNDING Owner's funding of the costs of the Improvements, shall be in accordance with the terms of this Agreement, and the Not -to- Exceed Improvements Cost and Final Improvements Budget, and shall be made as follows: (a) Consultant shall be paid by the Owner periodic progress payments ( "partial payments "), not more frequently than once per month, for portions of the Services completed and acceptable to the Owner: (i) For soft costs associated with the design, development and construction of the Improvements including, but not limited to, the Improvements Design Costs; and (ii) For hard costs associated with the design, development and construction of the Improvements. (iii) Partial payments shall be in an amount equal to the amounts paid by Consultant for such portion(s) of the Services. (iv) No partial payment approved nor made shall constitute an acceptance by the City of any Work completed not in accordance with the Final Improvements Design and /or in excess of the Final Improvements Budget. (v) The Consultant may make applications for periodic progress payments during construction by submitting to the Owner, on or before the fifth (5th) day of each month (but not more often than once a month), an itemized application for payment ( "Requisition ") for those items properly payable hereunder. Each Requisition shall be submitted in a form acceptable to both Parties, and shall be accompanied by evidence of proper application of all prior payments including, without limitation, as to hard costs, an unconditional partial waiver of lien, from the Contractor and each subcontractor, in form and substance satisfactory to the Owner, covering the full amount of all past payments for direct construction costs through the date of such waiver of lien, and an unconditional final waiver of lien in form and substance satisfactory to the Owner, from each subcontractor who, as of the most recent payment, had completed the work covered by its subcontract, covering the full amount due each subcontractor, and a consent of surety. Consultant shall also furnish such other supporting evidence as Owner may reasonably require to establish 10 the or of Improvements, t ost o aloe o the or portions thereof, for which each hard costs payment is to be and has been made. (vi) Each Requisition for hard costs shall be based upon the most recent schedule of values submitted by the Contractor. The schedule of values shall allocate the entire hard costs, as set forth in the Final Improvements Budget, among the various portions of the Work. The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy, as the Owner may reasonably require. This schedule, unless objected to by the Owner, shall be used as a basis for reviewing the Consultant's Requisitions. Requisitions shall show the percentage completion of each portion of the Work as of the end of the period covered by the Requisition. (b) The Owner, within thirty (30) Calendar Days after receipt of the Requisition, will pay an approved Requisition to the Consultant for such amount as the Owner determines to be properly due and, if it objects to and withholds funding for any item or amount, shall state in writing the reasons for such action. The Consultant, after receipt of an objection to funding, shall disprove or cure such objection or the Parties shall otherwise work in good faith to resolve such objection. Each claim, question, difficulty or dispute which cannot be resolved by mutual agreement of the Owner and Consultant shall be resolved in accordance with the procedure set forth in Section 13.5 herof. 13.3 SUBSTANTIAL COMPLETION; FINAL COMPLETION (a) Substantial Completion: When the Architect determines that there has been achieved Substantial Completion of Work, the Consultant shall submit to Owner, for Owner's acceptance and approval: (i) A Temporary Certificate of Occupancy (TCO) or Temporary Certificate of Completion (TCC), as applicable, for the Work, duly issued by the governmental authority having jurisdiction thereof; (ii) The Architect's Certificate of Substantial Completion stating that, on the basis of observations and inspections, the referenced Work has been substantially completed in accordance with this Agreement, the applicable contract documents (including the Construction Contract), and the Final Improvements Design in all material respects. The failure to include any items of corrective work on such list shall not alter the responsibility of Consultant to complete all of the Work in accordance with the Final Improvements Design, this Agreement, and any other applicable contract documents including, without limitation, the Construction Contract; and (iii) A Requisition for payment for such Work. Upon receipt of the foregoing, and Owner's approval of the Certificate of Substantial Completion, Owner shall pay the Requisition in accordance with the provisions of this Agreement. (b) Final Completion: When the Consultant has received from the Contractor a Final Contractor's Affidavit and Final Lien Waivers, in accordance with Chapter 713, Florida Statutes; a written notice that the Work is ready for final inspection and acceptance; and a final application for payment, Consultant and Architect will promptly make 11 such inspection, and when Consultant determines that Final Completion of the Work has been achieved, the Consultant shall submit to Owner, for Owner's acceptance and approval: (i) A Final Certificate of Occupancy (CO) or Final Certificate of Completion (CC), as applicable, for the Work, duly issued by the governmental authority having jurisdiction thereof; (ii) The Architect's Certificate of Final Completion, stating that on the basis of observations and inspections, the referenced Work has been fully performed and all such Work has been completed in accordance with the Agreement, the applicable contract documents (including, without limitation, the Construction Contract), and the Final Improvements Design in all material respects, and that the entire balance found to be due the Contractor and noted in the Final Certificate is due and payable; (iii) A final Requisition for payment; (iv) Copies of all agreements, permits, and licenses, and all insurance policies or certificates, if any, pertaining to the completed Work; (v) All manufacturers', suppliers', and subcontractors' warranties duly assigned to the Owner (the "Warranties), and all maintenance and operating instructions if any, pertaining to the completed Work. (c) Upon receipt of the foregoing, and Owner's approval of the Certificate of Final Completion, Owner shall pay the Final Requisition in accordance with the provisions of this Agreement. Consultant's acceptance of final payment from Owner shall constitute a waiver of all claims by Consultant against the City, except those previously made in strict accordance with the applicable provisions of this Agreement and identified by Consultant as unsettled at the time of acceptance of final payment. (d) Following Substantial Completion, Owner's entry into and possession of any portion of the Improvements, as evidenced by the use thereof by Owner (the date such use first occurs being the "Possession Date" as to the portion occupied), will constitute acknowledgment by Owner that the occupied portion is in the condition in which Consultant was required to deliver it under the terms of the Agreement, and that Consultant has performed all of its obligations relating to the design, development and construction thereof; provided, however that Owner's entry into possession of any of the aforestated components shall not be deemed a waiver of any rights Owner may have against Architect, Contractor, subcontractors and suppliers, and /or the Warranties pursuant to Section 13.3 (e) below. (e) Notwithstanding anything contained in the Agreement, the making of final payment shall not constitute a waiver of claims by Owner for: (a) faulty or defective Work appearing after Owner's approval of Architect's Certificate of Final Completion; (b) failure of the Work to be in strict accordance with the requirements of the Final Improvements Design, discovered after completion of the Work; and (c) terms of all Warranties required by the applicable contract documents. Notwithstanding the preceding sentence, however, Owner agrees that in the event of discovering any defective Work in construction from the Final Improvements Design, including latent defects, Consultant shall have no liability for any defective Work, and Owner acknowledges and agrees that it will look solely to the Architect, Contractor, subcontractors and suppliers, and /or the Warranties for relief in connection with any claim arising from any defects. Accordingly, Consultant hereby acknowledges and agrees that Owner is intended to be a third party beneficiary to 12 Consultant's agreement(s) with Contractor, Architect, and other aforestated parties and shall, accordingly, comply with the provisions of Section 13.5 hereof. (f) All Warranties shall commence on the date of Substantial Completion of the Work or designated portion thereof, unless otherwise provided in the CO or CC. 13.4 CHANGES TO WORK; CHANGE ORDERS; OWNER CONSENT The Parties understand that, during the construction phase, situations may arise that would require changes to be made to the Work, including, without limitation, the Final Improvements Design, the completion date or other construction timetable, the Final Improvements Budget, or other similar matters ( "Changes "). Changes shall be dealt with as follows: a) Change Orders. As material site issues and /or Unavoidable Delays arise, the Consultant shall coordinate the processing of Change Orders and will negotiate, for final approval and execution by Owner, all Change Orders with Contractor. Consultant shall submit a proposed Change Order to Owner within a reasonable period of time prior to commencement of Work relating to any proposed Change. Requests for any Change Order shall be submitted on a change order form acceptable to Owner, signed by Consultant, the Contractor, and also, if required by Owner, by the Architect, and shall include a written description of the proposed Change, the justification therefore, and supporting documentation. At its option, Owner may require Consultant to provide additional evidence, satisfactory to Owner, of the cost and time necessary to complete the proposed Change. The appropriate budget and /or project schedule, as applicable, will be revised, as necessary, to reflect approved Change Orders. (i) In the event, by reason of Unavoidable Delays or otherwise, the Owner requests a change to the scope of work or systems, kinds or quality of materials, finishes or equipment; or the Owner orders an acceleration or resequencing of Work; or the Owner requires scope changes to be made to the Improvements, all costs pertaining to or associated with making such scope changes shall be the sole responsibility of Owner. Owner's obligation to fund such costs in accordance with this Section 13.4 shall be in addition to and not part of its obligation to fund the scheduled amounts for the Improvements contained in the Final Improvements Budget. (ii) Change Orders submitted to Owner in accordance with this Section 13.4 shall be reviewed and approved by Owner in a timely and reasonable manner. Consultant shall at all times maintain, for inspection by Owner, a full set of working drawings of the Improvements. (iii) No Damages for Delay. No claim for damages or any claim, other than for an extension of time, shall be made or asserted against Owner by reason of any delay including, without limitation, Unavoidable Delays and /or any delays in the design, development and construction of the Improvements and /or the North Beach Oceanfront Center Project. Consultant (including, without limitation, its Contractor and Architect) and all of their respective agents, employees, contractors, consultants and professionals), shall not be entitled to claim, nor shall Owner have any obligation to fund, a Change Order, and /or other claims(s) or request(s) for an 13 increase to the Final Improvements Budgets, or other payment or compensation of any kind from Owner, for direct, indirect, consequential, impact or other costs, expenses or damages, arising because of delay, disruption, interference or hindrance from any cause whatsoever including, but not limited to, Unavoidable Delays and /or any delays in the design, development and construction of the Improvements and /or the North Beach Oceanfront Center Project; provided, however, that this subsection shall not preclude recovery of damages by Consultant for actual delays due solely to fraud, bad faith or active interference on the part of Owner. Otherwise, Consultant shall be entitled only to extensions of time for performance as the sole and exclusive remedy for delay(s), in accordance with and to the extent specifically provided above. 13.5 THIRD PARTY BENEFICIARY CONSULTANT AND OWNER AGREE AND ACKNOWLEDGE THAT WITH RESPECT TO THE DESIGN, DEVELOPMENT AND CONSTRUCTION OF THE IMPROVEMENTS, AS WELL AS THE NORTH BEACH OCEANFRONT CENTER PROJECT, OWNER IS AN INTENDED THIRD PARTY BENEFICIARY IN ANY CONTRACT ENTERED INTO BETWEEN 1) CONSULTANT AND ARCHITECT; 2) CONSULTANT AND CONTRACTOR, INCLUDING, WITHOUT LIMITATION, THE CONSTRUCTION CONTRACT; AND /OR 3) ANY CONTRACTS ENTERED INTO WITH ANY RESPECTIVE SUBCONTRACTORS AND /OR SUBCONSULTANTS OF ARCHITECT AND CONTRACTOR. ACCORDINGLY, CONSULTANT HEREIN REPRESENTS TO OWNER THAT ITS AGREEMENT(S) WITH 1) ARCHITECT; 2) CONTRACTOR; AND 3) ANY CONTRACTS ENTERED INTO WITH ANY RESPECTIVE SUBCONTRACTORS AND /OR SUBCONSULTANTS OF ARCHITECT AND CONTRACTOR, SHALL INCORPORATE THE TERMS AND CONDITIONS OF THIS AGREEMENT, AND CONSULTANT SHALL ASSUME SOLE AND ABSOLUTE RESPONSIBILITY FOR BINDING ARCHITECT, CONTRACTOR, AND THEIR APPLICABLE RESPECTIVE SUBCONSULTANTS AND SUBCONTRACTORS, TO SAME AS IF OWNER WERE A PARTY TO THOSE AGREEMENTS. 13.6 DEVELOPMENT DISPUTE RESOLUTION PROCEDURES 1) To prevent all disputes and litigation with respect to the Improvements, it is agreed by the parties hereto that the Architect shall decide all questions, claims, difficulties and disputes of whatever nature which may arise relative to the technical interpretation of the approved Final Plans and Specifications and fulfillment of the applicable portions of this Agreement and of the Construction Contract, as to the character, quality, amount and value of any Work done and materials furnished, or proposed to be done or furnished under or, by reason of, this Agreement and /or the Construction Contract, and Architect's estimates and decisions upon all claims, questions, difficulties and disputes shall be final and binding to the extent provided in paragraph (2) below. Any claim, question, difficulty or dispute which cannot be resolved by mutual agreement of Owner and Consultant shall be submitted to Architect in writing within twenty -one (21) Calendar Days. Unless a different period of time is set forth herein, Architect shall notify Owner and Consultant in writing of Architect's decision within twenty - one (21) Calendar Days from the date of the submission of the claim, question, difficulty or dispute, unless Architect requires additional time to gather information or allow the parties to provide additional information. All non - technical administrative disputes shall be determined mutually by representatives of the Owner and Consultant pursuant to the time periods provided herein. During the pendency of any dispute and after a determination thereof, 14 Owner, Consultant, and Architect shall act in good faith to mitigate any potential damages including utilization of construction schedule changes and alternate means of construction. 2) In the event the determination of a dispute under this section is unacceptable to either Party hereto, the Party objecting to the determination must notify the other Party in writing within ten (10) Calendar Days of receipt of the written determination. The notice must state the basis of the objection and must be accompanied by a statement that any contract price adjustment claimed is the entire adjustment to which the objecting Party has reason to believe it is entitled to as a result of the determination. Within sixty (60) Calendar Days after Final Completion of the Work, the Parties shall participate in mediation to address all objections to any determinations hereunder and to attempt to prevent litigation. The mediator shall be mutually agreed upon by the Parties. Should any objection not be resolved in mediation, the parties retain all their legal rights and remedies provided under State law. A Party objecting to a determination specifically waives all of its rights provided hereunder, including its rights and remedies under State law, if said Party fails to comply in strict accordance with the requirements of this Section. (REMAINDER OF THIS PAGE LEFT BLANK) 15 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first entered above. FOR CITY: CITY OF MIAMI BEACH ATTEST: By: rflAJA, Pa/t City Clerk Ma r FOR CONSULTANT: UNIDAD of Miami Beach, Inc. ATTEST: 41 By �- Secretary -.411 111111111111111. P sident Pri ' Name Print Name / Title APPROVED AS TO FORM & LANGUAGE & R EXEC, ON 3 --a5 —rc rney4) Date 16 LIST OF EXHIBITS EXHIBIT "1A" Terrace layout EXHIBIT "1 B" Terrace not -to- exceed cost breakdown EXHIBIT "2A" Terrace expansion layout EXHIBIT "2B" Terrace expansion not -to- exceed cost breakdown EXHIBIT "3A" Civil site plan, depicting replacement of galvanized water main, tap on 73 Street and location of fire department connection (FDC). EXHIBIT "3B" Replacement of galvanized water main, tap on 73 Street and location of fire department connection (FDC) not -to- exceed cost breakdown EXHIBIT "4A" Manholes modification approved detail EXHIBIT "4B" Manholes modification not -to- exceed cost breakdown EXHIBIT "5A" Tree relocation plan EXHIBIT "5B" Temporary watering for transplanted trees not -to- exceed cost breakdown EXHIBIT "6" Water and electrical sub - metering of public restrooms EXHIBIT "7" Final Improvements Budget • EXHIBIT "8" Insurance required of Consultant's Contractor 17 SCHEDULE "A" — Scope of Services BACKGROUND: UNIDAD of Miami Beach, inc. (UNIDAD) is currently overseeing the design, development and construction of the North Beach Oceanfront Center, located at 7251 Collins Avenue, Miami Beach, Florida (the Project). On November 2, 2007, UNIDAD entered into an A/E Agreement with Rene Gonzalez Architect (Architect) for the planning, design and construction administration of the Project. On September 29, 2010, a Notice to Proceed was issued to KM Plaza (Contractor) for the construction of the Project. The scope of work for the Project includes the demolition of an existing structure on the site. The new two (2) story building will be approximately 8,000 sq. ft. with additional terraces, as specified in the permitted set of plans approved on September 29, 2010; permit number B0901709. The proposed building, which includes public restrooms, will be iconic in nature, and the North Beach Community Center will be operated therein, when completed, by UNIDAD. The existing structure and land is owned by the City of Miami Beach, which is a party to a long term Management Agreement with UNIDAD, executed on September 06, 2006. The new two (2) story building will also be owned by the City of Miami Beach and operated by UNIDAD pursuant to a Management Agreement with the City. In order to ensure quality control and to ensure implementation in time for the Project's completion, UNIDAD is also designing, developing and constructing a portion of park improvements adjacent to the new building, which include utilities, a new terrace and tree relocations (the Improvements). Tasks 1 through 6 describe the Improvements UNIDAD will be undertaking on behalf of the City, utilizing the above referenced A/E Agreement with Architect, and Construction Contract with Contractor. TASK 1 - Terrace Construction of a 6,300 SF elevated platform where park visitors will be able to watch the activities at the sand bowl area, lighting, landscape, and associated site improvements. The design of the terrace has been previously approved via City Building Permit No. B0903661. The proposed layout is attached as Exhibit 1A. The cost previously identified in the Construction Contract for this Work is $335,289.24. The cost breakdown is presented in Exhibit 1 B. TASK 2 — Terrace Expansion During the development of the Bandshell Park Master Plan, which was approved by the City Commission on February 9, 2011, City staff requested the expansion of the previously approved terrace to improve pedestrian circulation through the Park. The revised layout for the terrace, which has been approved via City Building Permit Revision No. BMS1100266, is included as Exhibit 2A. The Not -to- Exceed cost associated with this Work is $43,985.74. The cost breakdown is presented in Exhibit 2B. TASK 3 — Replacement of galvanized water main, tap on 73 Street, relocation of Fire Department connection (FDC). During the demolition of the existing building structure, the City requested the replacement of the existing galvanized water main with a new PVC line, to improve water quality, pressure, and ensure durability of the line. This will require a new tap at 73 Street. Furthermore, the proposed location of the Fire Department connection (FDC), as originally depicted in permit drawings, had to be modified for consistency with the Bandshell Park Master Plan. The civil site plan, which has been approved via City Building Permit Revision no. BMS1100438, is presented in Exhibit 3A. The Not -to- Exceed cost associated with the design, permitting and construction necessary to replace existing galvanized water line with 1 1/2" PVC, tap on 73 Street, and relocation of FDC is $8,927.34. The cost breakdown is included as Exhibit 3B. TASK 4 — Manhole Modifications Design and construction necessary to raise two (2) sanitary sewer manholes to meet grade elevation, encountered buried between 2 -4ft below grade. The proposed construction detail approved by the City's Public Works Department (PWD) on February 09, 2011 is presented as Exhibit 4A. The Not -to- Exceed cost associated with this work is $9,065.93. The cost breakdown is presented in Exhibit 4B. TASK 5 — Hand watering of transplanted trees Temporary daily hand watering of transplanted trees, in conflict with the construction of the terrace and ramps, for a period of 33 days, until installation of a temporary irrigation system is completed by the City. The tree relocation plan, approved via DERM Permit No. 001220 -2009, is included as Exhibit 5A. The Not -to- Exceed cost associated with this Work is $5,609.54. The cost breakdown is included in Exhibit 5B. TASK 6 — Water and electrical sub - metering of public restrooms Construction necessary to allow for separate billing of the electrical and water for the public restrooms. This scope of work will include an additional cold water sub - metered line with associated fittings and supports, and additional electrical conduits, wire, fittings and electrical sub - meter. The Not -to- Exceed cost associated with this Work is $4,413.97. The cost breakdown is included in Exhibit 6. 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E Ili 1 EXHIBIT "1B" - TERRACE NOT -TO- EXCEED COST BREAKDOWN SOFT COSTS (including plans for tree relocations) Architecture / Engineering $ - Permit Expeditor $ - Total Soft Costs $ - HARD COSTS General Conditions $ 28,223.00 Testing / Surveying $ 2,850.00 Earthwork incl. in concrete Augercast piles $ 65,880.00 8" concrete slab $ 63,000.00 Foundation (incl. excavation, grade beams, pile caps) $ 21,000.00 Site / walkway restoration $ 3,000.00 Concrete restoration / walkways $ 2,000.00 Terrazzo $ 94,500.00 Electrical $ 30,000.00 Sub -total $ 310,453.00 O &P (5 %) $ 15,522.65 Insurance (1.75%) $ 5,432.93 Bond (1.25 %) $ 3,880.66 Total Hard Costs $ 335,289.24 TOTAL NOT -TO- EXCEED COST $ 335,289.24 nhlill KM • PLAZA cowSr4wcTloo SERVICES 80111 NORTH BEACH OCEANFRONT CENTER - Terrace Breakout Qty Unit Cost Total General Labor hrs $ - $ - Testing and Laboratories 1 Is $ 1,400.00 $ 1,400 Survey 1 LS $ 1,450.00 $ 1,450 Demolition N/A Earthwork Included in Conc. Augercast Piles 122 ea $ 540.00 $ 65,880 Concrete Slab 6300 sf $ 10.00 $ 63,000 Concrete Foundations (Excavation, Grade Beams, Pile Caps, etc.) 120 cy $ 175.00 $ 21,000 Site Restoration (backfilling, and repairs to existing) 1 Is $ 3,000.00 $ 3,000 Concrete Restoration - Connection to Existing Concrete Walkways 1 Is $ 2,000.00 $ 2,000 Stucco N/A Terrazzo 6300 sf $ 15.00 $ 94,500 Painting N/A Electrical Floor Mounted Fixtures 12 ea $ 400.00 $ 4,800 Electrical Type E Rope Light Fixtures 400 If $ 33.00 $ 13,200 Electrical Installation (includes all labor (Davis Bacon Wages) to Run the E Rope Lights, all the required Transformers for the Ropes lights, all underground, all conduit, wiring, circuits, and tying to Electrical Panels) 1 Is $ 12,000.00 $ 12,000 General Conditions 10% $ 28,223 Subtotal $ 310,453 Overhead & Fee 5% $ 15,523 Insurance 1.75% $ 5,433 Bond 1.25% $ 3,881 Total * $ 335,289.24 Qualification: This Rough Order of Magnitude Budget is subject to email provided with this Rough Order of Magnitude Budget dated 10/15/10 * The ROM Budget Cost per square foot is solely based on an approximation and is in no way to be asssumed to be accurate or utilized for comparison for future costs. EXHIBIT 2A TERRACE EXPANSION LAYOUT I II I i - -: a r m `e v ! F .. v _+ - • W . W L LL • O O O �. i (A N • ,;fr .t „ to Ce 1 # { . � F U . ' '' 'a 4 az� ar z3 Q • Y I <C)11j O 4 f—a w D '' Z ti Z = I W o co ml < k fit 4 � ' O ' x.. e . 5 v Ill (c Y k o y i""" 6 I:j 4e '4.'''e , ti ' h. r • tl t 1 1 1 ^x*w'J . •. - - ,,,...., -,., . : - , _ , ,0 : .;..H.: ,-....,-..,,,,,, ‘.....'s, . , -„, 'LL.' Lf;:' ' - - . . . . - - '' L. --mil � 1 xa v * t =. 14 i t �� fir {^• F 'p �, =f riP..' _:d.. 1 ,t ` i4 4i� 'S a, yi t 5•°, t K- ,. j iT _ t ^sv 9 e Le ►�►►'s a 3 3 1 1. 7 Nf R t Y � t itLIN �- p i"Yh 3 � ; . J ,-. �e. .i i tiM k fi 4 t?''` ,,-...74„,,i4-), a. iE�A i 6 J i v :` t. t } s '* ads : i� ' k a ak ; @0 s � e, • 4J ( 14k 111111.1Y .1. I: i -vI . r la° 3.1261 ammo I — I Q Q Q Q Q Q Q Q i I 1 i i 1 i i 1 " + " a i° 1 — 1 — i — f 1 1 + t t i ! €�99 1 I 1 4.4,..., i 1 1 ii --- I 1 .1 I I I !l t' ©M 1� o ' , 1 � . � 1 t t 1 upm .. ti t i 0i , ulmui) `--� a - -- t . I Mil o- t 7! , 6"1'° .. -- - - ; ' k Ai i -- '�_ --0 ir : - C_ at 1111 11 a� - -- - -Meld ai I � 1 - - - - - - - - ! . mo o !St 1 1 1 �. . 1 r I 1 1 talf, 1 1 1 1 1 1 1 1 �1 b-b _ ,c)-(5 - b - b - b - b p ip 1 EXHIBIT "2B" - TERRACE EXPANSION NOT -TO- EXCEED COST BREAKDOWN SOFT COSTS (including plans for tree relocations) Architecture / Engineering $ 5,642.50 Permit Expeditor $ 1,505.00 Total Soft Costs $ 7,147.50 HARD COSTS Concrete $ 18,001.52 Terrazzo $ 18,836.72 Total Hard Costs $ 36,838.24 TOTAL NOT -TO- EXCEED COST $ 43,985.74 Grp m{Mi vDN` 4` -mit-Adis k 1 ► Y arch,tect INVOICE: Invoice # 38 DATE: December 1, 2010 PROJECT: UNIDAD Senior Center Miami Beach, Florida TO: 0/0 Margarita Cepeda Leonardo and Donna MacDonald M.H.Sc. Program Development Officer UNIDAD of Miami Beach, Inc. In accordance with the Agreement dated November 2, 2007 there is due at this time for professional architectural services (ADDITIONAL TERRACES AND TREE RELOCATION — November 2010) and reimbursable expenses on the above project a total sum of: Principal 1.00 @ $300.00 per hour = $ 300.00 (general supervision and coordination) Associate 1.00 @ $175.00 per hour = $ 175.00 Project Director- 5.00 @ $ 95.00 per hour = $ 475.00 Draftperson 0.00 (a? $ 55.00 per hour = $ 0.00 SERVICES SUB -TOTAL = $ 950.00 Reimbursable (Communications, copies /prints, FedEX, etc...) $0.00x1.15 =$ 0.00 REIMBURSABLE SUB -TOTAL = $ 0.00 TOTAL DUE _ $ 950.00 Payment is due upon receipt, please make check payable and send to: Rene Gonzalez Architect 670 NE 50 Terrace MIAMI, fl 33137 ;.S • t 1 r s architect NAME Rene Gonzalez PERIOD November 2010 PROJECT # Unidad - Additional terraces and tree relocation 5 -Nov AD -SERV MEETING CONTRACTOR Site visit - relocation of palms on north east side of property 1 I I TOTAL HOURS 1.0 : architect NAME Monica Vazquez PERIOD November 2010 PROJECT # UNIDAD senior center - additional terraces and tree reloc� Date Phase Task Description Detail Hours 11/1 - 11/30 General coordination 1 1.00 ■ I . 1 architect NAME PINA DEL CONTE PERIOD NOVEMBER 2010 PROJECT # UNIDAD- ADDITIONAL SERVICES -- TERRACES aus AND TREE RELOCATION �{ r '' ', ;�3T. :: fs1_� dj1. � �.A�__. '� ,.,,- ....., _. _.... �.- �'Si. 4 -Nov AD -SERV COMM. / COORD. Tree relocation plan 1 I C 5-Nov AD -SERV COMM. / COORD. Palm relocation plan. 1 19 -Nov AD -SERV COMM. / COORD. Communicated and coordinated w/ CIP, 1 w/ GC (Carl), Civil and Structural re: DEP permit revision 22 -Nov AD -SERV COMM. / COORD. Communicated and coordinated DEP 1 terrace submittal w/ civil and structural engineers 23 -Nov AD -SERV COMM. / COORD. Communicated w/ civil eng. Re: terrace 0.5 revision submittal to DEP, coordinated w/ processor 24 -Nov AD -SERV COMM. / COORD. Looked into DEP terrace revision 0.5 TOTAL HOURS 5.0 I I ICI I : ii 'architect INVOICE: Invoice # 44 DATE: January 5, 2011 PROJECT: UNIDAD Senior Center Miami Beach, Florida TO: 0/0 Margarita Cepeda Leonardo and Donna MacDonald M.H.Sc. Program Development Officer UNIDAD of Miami Beach, Inc. In accordance with the Agreement dated November 2, 2007 there is due at this time for professional architectural services (ADDITIONAL TERRACES AND TREE RELOCATION — December 2010) and reimbursable expenses on the above project a total sum of: Principal 0.00 @ $300.00 per hour = $ 0.00 (general supervision and coordination) Associate 0.00 @ $175.00 per hour = $ 0.00 Project Director- 5.50 @ $ 95.00 per hour = $ 522.50 Draftperson 0.00 Ca? $ 55.00 per hour = $ 0.00 SERVICES SUB -TOTAL = $ 522.50 Reimbursable (Communications, copies /prints, FedEX, etc...) $0.00x1.15 =$ 0.00 REIMBURSABLE SUB -TOTAL = $ 0.00 TOTAL DUE _ $ 522.50 Payment is due upon receipt, please make check payable and send to: Rene Gonzalez Architect 670 NE 50 Terrace MIAMI, fl 33137 Tti- R-f't--0 1 architect INVOICE: Invoice # 31 DATE: November 4, 2010 PROJECT: UNIDAD Senior Center Miami Beach, Florida TO: 0/0 Margarita Cepeda Leonardo and Donna MacDonald M.H.Sc. Program Development Officer UNIDAD of Miami Beach, Inc. In accordance with the Agreement dated November 2, 2007 there is due at this time for professional architectural services (Additional Services — Terrace and tree removal - October 2010) and reimbursable expenses on the above project a total sum of: Principal 1.00 @ $300.00 per hour = $ 300.00 (general supervision and coordination) Associate 2.50 @ $175.00 per hour = $ 437.50 Project Director- 1.00 @ $ 95.00 per hour = $ 95.00 Draftperson 0.00 as $ 55.00 per hour = $ 0.00 SERVICES SUB -TOTAL = $ 832.50 Reimbursable (Communications, copies /prints, FedEX, etc...) $0.00x1.15 =$ 0.00 REIMBURSABLE SUB -TOTAL = $ 0.00 TOTAL DUE _ $ 832.50 Payment is due upon receipt, please make check payable and send to: Rene Gonzalez Architect 670 NE 50 Terrace MIAMI, fl 33137 Invoice # 32 -rort e. . „,....„ OATE... October 11 2010 Noemt 4, 2010 Rostibmttti-ei DUE PROJECT: North Beach Oceanfront Center Unidad Miami Beach, Florida TO: Cfo Mamerita Cepeda-Leonardo Donna fvlacOoneld MP!, Se Program Developer Officer Unidixt of Miami Beach, Inc In accordance with the Ageenutni dated November 2.2007 and Addendum #2 dated 09 01.2010 there is due at this time for professional interior architectral services (ADOTIONAL, TERRACES AND TREE RELOCATION- September 2010) and reimbursable eerises on the above protect a total sum or Principal 550 c# $300 00 pet. hour -z. $ 1800 Associate �O ig) $175 00 per hour == $ 000 Propol Director 250 0 $ 95 00 per hour = $ 237 50 Draftsperson 000 40 $ 55 00 per hour =$ 000 SERVICES SUB-TOTAL = $ 1.437.50 Reimbursable (Consnunications‘ copies/prints, FectEX etc_ ) $0,00x 1.15 = • 9,99 REN1SURSABLE SUBTOTAL * $ 000 TOTAL ME * $ 1,837.50 Payment ts due upon ramp& please make check payable and send to Rene Gonzalez Architect 670 NE 50 Tenace MINvil, fl 33137 1 INVOICE: Invoice # 34 DATE: November 10 2010 PROJECT: UNIDAD Senior Center Miami Beach, Florida TO: 0/0 Margarita Cepeda Leonardo and Donna MacDonald M.H.Sc. Program Development Officer UNIDAD of Miami Beach, Inc. In accordance with the Agreement dated November 2, 2007 there is due at this time for professional architectural services (Additional Services — Additional Terraces requested by City — October 2010) and reimbursable expenses on the above project a total sum of: Structural Engineer (U.S. structures) = $ 1,000.00 TOTAL DUE = $ 1,000.00 Payment is due upon receipt, please make check payable and send to: Rene Gonzalez Architect 670 NE 50 Terrace MIAMI, fl 33137 U SS 1 Date Invoice SS 1 113 2010 00.3295 SRI To Rene Gonzalez. Architect 6,0 NE 50 Terrace Miami Florida .33127 • via fax () 305.762.5896 Account # Project RGA 03.006 06- Unidad Senior C... Item Through Description % Complete Prior Amt Amount Street. frig. 06 1 Additioaei sxrtrctural engineering services for the 1.000.00 UNTDAD SENIOR CENTER consisting of revised taracc layout and expansion. Thank you for this opportunity to be of service. Please make check payable to 1.S. STRUCTURES. INC. Total si.000.Od Balance Due si.000.00 Us. STRUC TJRES, INC. 4444 SW 7; Avemac Suite 103 �Tiarrri, rlorida 33 L55 TEL: 305.665.4555 FAX 305.665.5522 u turesinc.com t' d 90S0 999'S0C 3 "d `°Pelol "b eSOr e t S LO O t A0N car ' F architect INVOICE: Invoice # 41 DATE: December 1, 2010 PROJECT: UNIDAD Senior Center Miami Beach, Florida TO: C/O Margarita Cepeda Leonardo and Donna MacDonald M.H.Sc. Program Development Officer UNIDAD of Miami Beach, Inc. In accordance with the Agreement dated November 2, 2007 there is due at this time for professional architectural services (Additional Services — ADDITIONAL TERRACES AND TREE RELOCATION November 2010) and reimbursable expenses on the above project a total sum of: Civil Engineer (Biscayne Engineering) = $ 500.00 TOTAL DUE = $ 500.00 Payment is due upon receipt, please make check payable and send to: Rene Gonzalez Architect 670 NE 50 Terrace MIAMI, fl 33137 BISCAYNE ENGINEERING COMPANY INC. P.O. BOX 011164 MIAMI, FL 33101 Federal ID No.: 59- 0165220 INVOICE Invoice No.: 32366 November 30, 2010 Rene Gonzalez Architect 670 N.E. 50 Terrace Miami, FL. 33137 Scope of Services: Revision of DEP Drawings Due to Additional Terraces. Attention: Monica Vazquez Client ID: RENE Project # 03- 78370.1 Project Manager: Al Dettbarn Professional Services from November 12, 2010 Through November 30, 2010 Charge Professional Services Fee $500.00 TOTAL DUE THIS INVOICE $500.00 Dade: (305) 324 -7671 C:`Documents and SettIngslg ynnistDesktop1INVOICES2 !Rene Gonzaiez102- 78370.1Rene Gonzalez -Nov 10 EXHIBIT 3A CIVIL SITE PLAN I I LOT 14, BLOCK 10 I r--1- I I I HARDING TOWNSITE I / \ I I / // ' //// ING ; .; ( P.B. 34, Pe G. 4) I jj �� a e .a r BUILDING — — I I \ �j �/� % / Z — — — — — — — — BASELJI A'1 J LC 6 —*k _� — q " r— - - - - -- 73rd GREET Palm ., 4 1 a ' < , I I 1.50'- 0' -15' x l _ r €;''1. k .50' - +o' -ts a - 73-, 1 —�� so' - - a� 1 `Y } x x k9 a x $ O -) 1 q - } e _ x k , - a - 6 k• a k. k k ,.' k _ _ k' —y k -- - �'1 O 4J a •��,.. �'� f-?— 10 a 0 k x L. r'p" y k' � ,„`.4' �► x - k�a Coconut Pnln I k 1 } 1 1 aq ' , Ammon y . y. ky ' ;. a „. ' . 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' 6 : 0, 1. x 21: .•0 \ - L._ . .4 i, .\ ............... ,k j - --•-, ; i Z s • 0-37.' I 1 110 is- i ,g,i Coconut Palm olly 1'-20'-15' < i 1 Cl- • Cl2 .. 0 m 7 (2) 0,S • • ' .,.!• - xIb-- C * ". . „.., 0 , g& .5. PER r ,,,, ,,,,,, i EL - RI acs(P 0 1+70.6 ...„,, Ac.. P. , 2+00 =_•,,- x Z . 41" .. , ,IP x19 _ 2.-- .. R; • +25.11 cn 0 II SAND CD ,, t-L-I 1.) 25 Z c __ •_ mg. .- 1 .. . Z Li LLI q ,-.--I OP. r X 1I """. ' • ... J / ri„.. 1 ...,. ! ( • ...... REDUCER a . . - .:._ ---, ....., — — . . 0c;-‘ .`" u.i Z . :2 - 2 j - a ›- Z 4 1 , ; FOR tO 14...". .. ' L • , t: 2 l il .„. ..... I - c) 0 g (./) (..) PROP. BUILDING 11 • ob9 . ,, , b • ''...: - j CO 1 t , I I V.2 \ 1 . Ti 39 st 1 .a. , •-• 1 ..` . . I. '''' SEE MOP PLANS SAND I FOR CONT. \ 1 6 I 0 ... ' . A ' 4e, fa its_ I. S r, ____. — — — ____ _ ---,,,,,, „ li •, 1 5 ° , ,• ,b• 1 1 9, 1 Li] g „...-.1.....,..z., i , q.• (9 xA9 x`P 1 E -0.,„ /o .,, . t. CALL 48 HOURS 8/1 fr • , vor... BEFORE YOU DIG ,,I1 , ." - .. -• ,• ... '; c).• Or 1 (..) , 6 1 i Irs THE LAW1 ..,1 SAN. LINE TO ';', A ' 4 F.% A • DIAL 811 orersetslmarr. i ll -, , v, ..•,•' EXIST SE : # ..‘&17-RAL 77;1 x ,`.1. - P "; as ha. 1 0 •N / .‘.!, x '1 2 i g SUNIIOEIMLTE ME Cat CV ROZA INC* l'-25-15' n t Pal 1 _l_i 0 Coco %. 111. - x 1 ': x ‘ SONS 4' ' •,. `1. ,i (i) Ls Y x d C' c x'') 2 ci IX - t n PI' 4 5 ' 4:4111) Z-25'- '‘,, ;,'■ 1a ' - ',....„. ,,, , • ''' 0 OF , : AF LOCATION , - - i i RXIST. SAN. SEWER 'N MH. ADJUST FRAME c, cs I - Z • . & GRATE TO GRADE al& !,,i ..,1, x X _ , ., t _d L... P ., ROX > E 1 - ,,, SI \ .,") ,,,, SAND ALBERT R. DTTBA RN ,, 1 p ..1. W ' I 11 Coc 1'-11‘..-15' .., ,,, 5 A x ‘ c. AS' , N. A• xtp a . t 4 , ..._____ .‘, A ., 1 - 11L,mit- Coconut P :In , E PROFESSIONAL ENGINEER No. 18966 4 oRDER N. . 02-78642 STATE OF FLORIDA 1 SREE4 No 1'..30'-15' 1 of 3 4 EXHIBIT "3B" - SITE UTILITIES (WATER AND FDC) NOT -TO- EXCEED COST BREAKDOWN SOFT COSTS Architecture / Engineering $ 1,862.50 Permit Expeditor $ 1,800.93 Total Soft Costs $ 3,663.43 HARD COSTS New galvanized water line $ 2,660.00 FDC relocation $ 1,985.00 Contractor's General Conditions $ 464.50 Contractor's Insurance & Bond $ 154.41 Total Hard Costs $ 5,263.91 TOTAL NOT -TO- EXCEED COST $ 8,927.34 } k architect INVOICE: Invoice # 39 DATE: December 1, 2010 PROJECT: UNIDAD Senior Center Miami Beach, Florida TO: 0/0 Margarita Cepeda Leonardo and Donna MacDonald M.H.Sc. Program Development Officer UNIDAD of Miami Beach, Inc. In accordance with the Agreement dated November 2, 2007 there is due at this time for professional architectural services (ADDITIONAL SERVICES — UTILITIES November 2010) and reimbursable expenses on the above project a total sum of: Principal 0.00 @ $300.00 per hour = $ 0.00 (general supervision and coordination) Associate 1.00 @ $175.00 per hour = $ 175.00 Project Director- 9.50 @ $ 95.00 per hour = $ 902.50 Draftgerson 0.00 (a_ $ 55.00 per hour = $ 0.00 SERVICES SUB -TOTAL = $ 1,077.50 Reimbursable (Communications, copies /prints, FedEX, etc...) $0.00x1.15 =$ 0.00 REIMBURSABLE SUB -TOTAL = $ 0.00 TOTAL DUE = $ 1,077.50 Payment is due upon receipt, please make check payable and send to: Rene Gonzalez Architect 670 NE 50 Terrace MIAMI, fl 33137 I , architect NAME Monica Vazquez PERIOD November 2010 PROJECT # UNIDAD senior center - utilities Date Phase Task Description Detail <`` Hours 11/1 -11/30 General coordination - office, with KMP and 1 BE 1.00 1 ■ ; , + , : architect NAME PINA DEL CONTE PERIOD NOVEMBER 2010 PROJECT # UNIDAD- ADDITIONAL SERVICES -- UTILITIES Date Phase Task Description Detail Hours 11 -Nov AD -SERV COMM. / COORD. Communicated w/ civil re: utility drawing 0.5 revision. 12 -Nov AD -SERV COMM. / COORD. Communicated w/ civil engineer. 0.5 15 -Nov AD -SERV COMM. / COORD. Coordinated w/ civil 0.5 16 -Nov AD -SERV COMM. / COORD. Coordinated w/ civil 0.5 17 -Nov AD -SERV COMM. / COORD. Coordinated w/ MEP and civil engineers 2 re: site utilities. 18 -Nov AD -SERV COMM. / COORD. Coordinated water main w/ civil 1.5 18 -Nov AD -SERV COMM. / COORD. Document Management. Coordinated 1 w/ processor 19 -Nov AD -SERV COMM. / COORD. Finalized package submittal. 0.5 Coordinated w/ processor 19 -Nov AD -SERV COMM. / COORD. Sent drawing of site utilities pdfs to GC. 0.5 22 -Nov AD -SERV COMM. / COORD. Met w/ processor re: site utilities 1 comment. Communicated w/ Robert Newmans and client 24 -Nov AD -SERV COMM. / COORD. Worked on site utilities and FDC 1 TOTAL HOURS 9.5 ►•' 1 ► : architect INVOICE: Invoice # 45 DATE: January 5, 2011 PROJECT: UNIDAD Senior Center Miami Beach, Florida TO: C/O Margarita Cepeda Leonardo and Donna MacDonald M.H.Sc. Program Development Officer UNIDAD of Miami Beach, Inc. In accordance with the Agreement dated November 2, 2007 there is due at this time for professional architectural services (ADDITIONAL SERVICES — UTILITIES December 2010) and reimbursable expenses on the above project a total sum of: Principal 0.00 @ $300.00 per hour = $ 0.00 (general supervision and coordination) Associate 0.00 @ $175.00 per hour = $ 0.00 Project Director- 3.00 @ $ 95.00 per hour = $ 285.00 Draftperson 0.00 $ 55.00 per hour = $ 0.00 SERVICES SUB -TOTAL = $ 285.00 Reimbursable (Communications, copies /prints, FedEX, etc...) $0.00x1.15 =$ 0.00 REIMBURSABLE SUB -TOTAL = $ 0.00 TOTAL DUE _ $ 285.00 Payment is due upon receipt, please make check payable and send to: Rene Gonzalez Architect 670 NE 50 Terrace MIAMI, fl 33137 fl P, - architect INVOICE: Invoice # 48 DATE: February 16, 2011 PROJECT: UNIDAD Senior Center Miami Beach, Florida TO: 0/0 Margarita Cepeda Leonardo and Donna MacDonald M.H.Sc. Program Development Officer UNIDAD of Miami Beach, Inc. In accordance with the Agreement dated November 2, 2007 there is due at this time for professional architectural services (ADDITIONAL SERVICES — UTILITIES December 2010) and reimbursable expenses on the above project a total sum of: Civil engineer (Biscayne engineering) = $ 500.00 TOTAL DUE _ $ 500.00 Payment is due upon receipt, please make check payable and send to: Rene Gonzalez Architect 670 NE 50 Terrace MIAMI, fl 33137 BISCAYNE ENGINEERING COMPANY, INC. P.O. BOX 011164 MIAMI, FL 33101 Federal ID No.: 59- 0165220 INVOICE Invoice No.: 32367 November 30, 2010 Rene Gonzalez Architect 670 N.E. 50 Terrace Miami, FL. 33137 Scope of Services: Revision to Utilities Attention: Monica Vazquez Client ID: RENE Project # 03- 78642.1 Project Manager: Al Dettbarn Professional Services from November 12, 2010 Through November 30, 2010 Charge Professional Services Fee $500.00 TOTAL DUE THIS INVOICE $500.00 Dade: (305) 324 -7671 C:lDocuments and Setongslgtynnla +DeaKIoplJNVOICES21Rene Gonzalez102- 78842.1 -Rene Gonzalez -Nov 10 111 KM PAGE 1 OF 1 ye x 'S «Fb' x�' E' 6° €.. t � ii , ''l, �., :•A� g {7�q :3 s ;f �y � h�� r� � t P� .� @�' 1 P � 6 9 y • _..I ,''- r h� ci x ,50 j�t s B' rd.2•1 {v+x a"� t t 7 , d n { . RFA #: 19 DESCRIPTION: BUDGET COST TO RELOCATE WATER LINE BASED ON SKE PCC JOB# : 1 5053 CLIENT: UNIDAD of MIAMI BEACH, INC. PROJECT: NORTH BEACH OCEANFRONT CENTER INITIATED BY: MARCEL FERNANDEZ LOCATION: 7251 COLLINS AVENUE. BANDSHELL PA SIGNATURE FLOOR(S): 1sT DATE: OCTOBER 25, 2010 ORDER OF MAGNITUDE: $ 5.263.91 RFA STATUS: SUBMITTED SCOPE OF WORK : ITEM TRADE DESCRIPTION SUBCONTRACTOR ALLOCATION AMOUNT 25 02 - 200 EARTHWORK - CoSTTo FOR 001988 SOLUTION CONSTRUCTION, CHANGE ORDER 1,985.00 REVISED FDC LINE AS PER SKECTH INC. PROVIDE 26 15 PLUMBING - BUDGET COST TO 000160 AURORA MECHANICAL CHANGE ORDER 2,660.00 RELOCATE WATER LINE BASED ON CONTRACTORS SKETCH SUBTOTAL: 4,645.00 GENERAL CONDITIONS 464.50 INSURANCE 89.42 BOND 64.99 TOTAL COST : 5.263.91 KM -PLAZA CONSTRUCTION SERVICES IS PROCEEDING WITH THE SCOPE OF WORK AS OUTLINED ABOVE AND AS DIRECTED BY THE UNDERSIGNED. THE UNDERSIGNED ACKNOWLEDGES THAT THIS WORK MAY INCREASE THE COST OF THE WORK OR INCREASE THE SCHEDULE DURATION. CL /ENT ACCEPTANCE. AGREED DATES.' NAME START.' COMPANY' UNIDAD OF MIAMI BEACH. INC. DATE. COMPLETE. Aurora Plumbing, Corp. October 25, 2010 KM Plaza Constructors. Mr. Marcel Fernandez 120 NE 27 Street Suite: 600 Miami, FL 33137 Phone: 786-693-8707 Fax: 786- 693 -8748 Regarding: North Beach Senior Center. RCO no. 1 Plans by: Provide sketch by KM Plaza. Dated: N/A Pages: N /A. Ref4 North Beach Senior Center RCO no. 1 Provide RCO No. 1 Scope: Provide new water service as per directive. Approximately 150' of 1 %" PVC pipe with associated fittings. Materials $ 450.00 Labor: 25 hours plumber @ $ 23.00 $ 575.00 25 hours pipe layer @ $ 14.93 .. $ 373.25 7 hours supervision @ $ 23.00 $ 161.00 Equipment: 25 hours backhoe @ $ 65.00 $ 1.625.00 Subtotal $ 3,184.25 Overhead and profit 10% 318.43 Total amount of RCO No. 1 $ 3 x.68 t a, (aCeo 00 35 NW 49th. Street. Miami, Florida 33142 Phone: (3 Fax: (305)633.2458 11- •L r 1 C SOLUTION Construction, Inc. L1c. 11 CGC1505866 Cctcber 20, 2010 PROPOSAL KM - Plaza Marcel Fernandez 120 NE 27th Street, Suite 600 Miami, FL 33137 OFFICE: (786) 695.8708 FAX: (786) 693.8760 Project: North Beach Ocean Front Sr. Center Fire Line Revision SCOPE OF WORK UNIT oTY, UNIT f $ TOTAL i � I 4" Fire Line (25 If.) Is 1 $ 2,360.00 $ 2,350.00 4" 45 Digree Bend above Restoration Work I above 1 i I l I GRAND TOTAL $ 2,3 .00 (Cwner Acceptance) (Dale) 7955 NW 12 Street • Suite 425 • Doral, Florida 33126 • Tel.: 786- 621 -8550 • Fax: 786 - 524 -0775 EXHIBIT 4A XHIBI MANHOLES ADJUSTMENT DETAIL � _ O F- \ _ ± k ; Q Z 2 < W Z \ \ j 2 § |I \ . $ \ c am& - 0- { < ° \ . ° O k k = 3 2 Ct _ M . : �. ; , 2= �$ d ) \ w <ƒjƒ / k I \a/ _IE4 ■ \ G e0 _ » w \ < w \ \ \ 3 \ \ \ _ §/ 0 g xo$ I . =o- X02 = ww § 22/ S� \ \ / \7& ■ < _ § § e= r o =o _ x� \ \ © %kk / \/k ! ƒ LLI n <> I«u 0 , / 2 . / , ' . _ © \ \ � 1 \ • \ , . § / f / -% \ } ! Q / I AIi ' A . ,-- , - E ` ! i 0 LU Ct > ; I. E I . % ; I— = ~` x _ � i . O 2 t < k 3 \ \ \\ �` \ � \ ~ \ ! Q : m Li | > ■ EXHIBIT "4B" - SAN. SEWER MANHOLES MODIFICATION NOT -TO- EXCEED COST BREAKDOWN SOFT COSTS (included in "3B ") Architecture / Engineering $ - Permit Expeditor $ - Total Soft Costs $ - HARD COSTS Raise height of manholes (2) $ 8,000.00 Contractor's General Conditions $ 800.00 Contractor's Bond & Insurance $ 265.93 Total Hard Costs $ 9,065.93 TOTAL NOT -TO- EXCEED COST $ 9,065.93 KM•PLIZA PAGE 1 OF 1 1111 RFA #: 34 DESCRIPTION: REVISIONS TO EXISTING MANHOLE PER SKETCH PROV PCC JOB# : 15053 CLIENT: UNIDAD OF MIAMI BEACH, INC. PROJECT: NORTH BEACH OCEANFRONT CENT INITIATED BY: MARCEL FERNANDEZ LOCATION: 7251 COLLINS AVENUE. BANDSHELL SIGNATURE FLOOR(S): 1ST DATE: DECEMBER 07, 2010 ORDER OF MAGNITUDE: $ 9,065.93 RFA STATUS: SueMrrTED SCOPE OF WORK : AN EXISTING MANHOLE WAS DISCOVERED BY KMP AND FOLLOWING A REQUEST BY KMP rr WAS CONFIRMED BY THE CITY OF MIAMI BEACH VIA AS -BUILT DRAWINGS. KMP PROCEEDED TO EXPOSE THE MANHOLE FOR COORDINATION AND CONFIRMATION OF TIE -IN REQUIREMENTS BY THE CIVIL ENGINEER. FOLLOWING THE REVIEW, BISCAYNE ENGINEERING ISSUED A SKETCH ON 12/1/10 VIA EMAIL FORWARDED TO KMP BY RGA (PINA). THIS COST IS INCLUSIVE OR RAISING ONE MANHOLE COVER 2' -0" AND THE OTHER 4' -0", ADDITIONALLY THIS ASSUMES THAT THE MANHOLE COVERS WILL BE REPLACED WITH NEW COVERS. THAT COST 15 ALSO INCLUDED. ITEM TRADE DESCRIPTION SUBCONTRACTOR ALLOCATION AMOUNT 45 15-400 PLUMBING - REVISIONS To 000237 AURORA PLUMBING CORP. CHANGE ORDER 8,000.00 EXISTING MANHOLE PER SKETCH PROVIDED GENERAL CONDITIONS 800.00 INSURANCE 154.00 BOND 111.93 TOTAL COST : 9,065.93 KM -PLAZA CONSTRUCTION SERVICES IS PROCEEDING WITH THE SCOPE OF WORK AS OUTLINED ABOVE AND AS DIRECTED BY THE UNDERSIGNED. THE UNDERSIGNED ACKNOWLEDGES THAT THIS WORK MAY INCREASE THE COST OF THE WORK OR INCREASE THE SCHEDULE DURATION. CLIENT ACCEPTANCE. AGREED DATES.' NAME: START.' COMPANY: UNIDAD OF MIAMI BEACH, INC. DATE: COMPLETE' EXHIBIT 5A TREE RELOCATION PLAN ' _ UeiNP+e I 1 i1311 O OIN3SHOV39HJ ON I 11 R / ' UU * c 1 .. 4 1 : L Y ' O -t: ' ' 3 1 I. *g ~' ' Fl 4 o ce 110 cq K , dr e \\ 1 ..4 411 Alr 411111Mrik 11 1! ' ' a . c)- o ' / dieltrik I - ,s c. kilt V t 21 ,2f) Illktintii 11 1 `, — 1. 4 x .;` 0 f % * i (it Q 333333033, °� q� d o aauaaaaaw 4 // w ww $ Ifpimath. ap lit !I! !!!!!!!!!! gl a 1 loro liff lie tt p, . iiii g.., oh _ ______ i Ill, — I e I, Irf ffffff f 111 id r o NI 4 !! Ji ***At** *, * _ _ _ . b r - , my ***.3.** Irtlf fiso * * EXHIBIT "5B" - TEMPORARY HAND WATERING OF TRANSPLANTED TREES NOT -TO- EXCEED COST BREAKDOWN SOFT COSTS (included with 2B - Terrace expansion) Architecture / Engineering $ - Permit Expeditor $ - Total Soft Costs $ - HARD COSTS Hand watering of transplanted trees $ 4,950.00 Contractor's General Conditions $ 495.00 Contractor's Insurance & Bond $ 164.54 Total Hard Costs $ 5,609.54 TOTAL NOT -TO- EXCEED COST $ 5,609.54 Page: 1 I I KM .PLAZA CORNRUC TIOR $ RYIC!! 1111111 Date: February 02, 2011 Client: UNIDAD of Miami Beach, Inc. Attn: Margarita Cepeda 1701 Normandy Dr. Re: PCC Job # 15053 Miami Beach FL, 33141 NORTH BEACH OCEANFRONT CENTER 7251 COLLINS AVENUE, BANDSHELL PARK RFA #: 00045 Irrigation Reconciliation of Tree Watering of Relocated Trees MIAMI BEACH FL, 33141 Scope: CHANGE ORDER # 007 We herewith submit our proposal to furnish all labor, materials and equipment necessary as per: `Provide continuous watering of Relocated Trees pending tumover of irrigation to the City of Miami Beach. Trade Description Sub - Contractor Sub Ref no Trade Amount 02 -900 Landscaping 002014 Sean Jacobus Co. Inc. 4,950.00 Total Trade Cost: 4,950.00 GC 495.00 INS 95.29 BOND 6,9.25 Total CIO Budget: 609.54 The impact of the above work on the project schedule cannot be determined at this time Sincerely, SIGN -OFFS KM / PLAZA Architect: Date: MARCEL FERNANDEZ Engineer Date: Authorized KM /PLAZA Signature: Client Rep. Date. Date: Client: Date: EXHIBIT "6" - ELECTRICAL AND WATER SUB - METERING OF PUBLIC RESTROOMS NOT -TO- EXCEED COST BREAKDOWN SOFT COSTS (included with 2B - Terrace expansion) Architecture / Engineering $ - Permit Expeditor $ - Total Soft Costs $ - HARD COSTS Water $ 2,800.00 Electrical $ 1,095.00 General Conditions $ 389.50 Contractor's Insurance & Bond $ 129.47 Total Hard Costs $ 4,413.97 TOTAL NOT -TO- EXCEED COST $ 4,413.97 KM•PIAZA a PAGE CAF KM- PLAZA CONSTRUCTION SERV10ES CHANVGE ORDER REQUEST"AUTf RizA1Toiti4' RFA#: 53 DESCRIPTION: SUBMETERING OF PUBLIC RESTROOMS PCC JOB# : 15053 CLIENT: U NIDAD OF MIAMI BEACH. INC. PROJECT: NORTH BEACH OCEANFRONT CENT INITIATED BY: MARCEL FERNANDEZ LOCATION: 7251 COLLINS AVENUE. BANDSHELL SIGNATURE FLOOR(S): 1sT DATE: MARCH 14. 2011 ORDER OF MAGNITUDE: $ 4.4 13.97 RFA STATUS: SUBMITTED SCOPEOF WORK: THE OWNER AND CITY OF MIAMI BEACH HAVE REQUESTED THAT THE PUBLIC BATHROOMS BE METERED SEPARATELY FROM THE REST OF THE BUILDING. THE SUBMETERING IS IN ORDER TO ALLOW SEPARATE BILLING OF THE ELECTRICAL AND WI ER FOR THE CITY OF MIAMI BEACH TO PAY FOR THE PUBLIC RESTROOM COSTS. ITEM TRADE DESCRIPTION SUBCONTRACTOR ALLOCATION AMOUNT 72 15-400 PLUMBING SUBMETERING OF 000237 AURORA PLUMBING CORP. CHANGE ORDER 2.800.00 PUBLIC RESTROOMS 71 15-010 ELECTRIC - SusMETERtt c O0085O t tl<TEGK ELEt, t WC. tNC. CHANGE ORDER 1.095.00 PUBLIC RFSTROO MS SUBTOTAL 3,895.00 GENERAL CONDITIONS 389.50 INSURANCE 74.98 BOND 54.49 TOTAL COST : 4.41 3.97 KM -PLAZA CONSTRUCTION SERVICES IS PROCEEDING WJ TH THE SCOPE OF WORK AS OUTLINED ABOVE AND AS DIRECTED BY THE UNDERSIGNED. THE UNDERSIGNED ACKNOWLEDGES THAT THIS WORK MAY INCREASE THE COST OF THE WORK OR INCREASE THE SCHEDULE DURATION. CL /ENTACCEPTANCE: AGREED DATES NAME.' START. COMPANY: UNIDAD OF MIAMI BEACH, INC. DATE: COMPLETE: Aurora Plumbing, Corp. March 9, 2011 KM Plaza Construction Services. Mr. Marcel Fernandez. 120 NE 27 Street Suite 600 Miami, FL. 33137 Phone: 786 -693 4715 Fax: 786 -693 -8729 E -mail: marceit?c km- ptaza.com Regarding: Plumbing bid for- "North Beach Senior Center RCO No. 5." Plans by: Rene Gonzalez Architects Ref# North Beach Senior Center RCO No. 5 Scope: Added cold water sub - metered line Budgetary pricing. Supply and install 150' of 2" cold water service line with associated fittings and supports. Total amount of RCO No. 5... S 2,11110.08 3527 NW 49th Street. Miami, Florida 33142 Phone: (305)633.9578 Fax: (305)633.2458 , BID SUMMARY REPORT Name: North Beach Senior Center Co # 5 Estimator: Adman Job X: 224 Job Name: North Beach Senor Center Co X5 Contractor: ItitTECPi E. 1 1 Estimator: Adman Nob's'' IIIVSTALL PRIVATE DEMAND METER FOR PUBLIC BATHROOMS Ineluded Seto n'n► Iteeeriptlen Extended % AdjuStedleetterrar ExfentIed % Aerated Labor Bid Base ❑ w --- $542.51 100.00 $542.51 7.37 100.00 7.37 Top Meet Raw Cost $917.30 Sales Per Month $0.00 Tax $35.26 Return Per Month Raw Cost With Tax 3952.56 Price Per Sq Foot $. Overhead $91.73 Hours Per Sq Fool 0.00 Profit $50.45 Square Feet 0.00 Total Return $ $142.18 Job Months 0.00 Total Retum % 12.98 Hours per Week 40.00 I Price $1,094.74 Workers Per Day 0.00 Bond $0.00 Total Hours 7 Sell Price $1,094.74 Mark Up Sales Tax? No Sell Adjusted By: *0.00 Use Bond Table? No A Self Return 0 $0.00 Labor Percent Hours Hourly Burden Chas escrrptiion of Total Distributed Rate Rate Percent Labor Cost direct labor 85.00% 6.27 $35.00 $13.74 39.25% $305.47 supervision 15.00% 1.11 $45.00 $17.66 39.25% $69.31 Totals: 100.00% 7.37 $36.50 $14.33 39.25% $374,78 MARK U _ -__- -__ __. L__ _MEAD 11 _____ PROFIT Total % Amount % Amount Materials $542.51 + 10.00% $596.77 + 5.00% $626.60 Labor $374.78 + 10.00% $412.26 + 5.00% $432.87 Supplier Quotes $0.00 + 10.00 %, o o $0.00 + 5.00% $0.00 SubContractors $0.00 + 10.00% $0.00 + 5.00% $0.00 I Direct Job Expense $0.00 + 10.00% *0.00 + 5.00% $0.00 Equipment Rental $0.00 + 10.00% o $0.00 + 5.00% $0.00 Totals: $917.30 + 10.0O% $1,009.03 + 5.00% $1,055.48 TAX Report Taxed Amount Tax Rate % Tax Amount Materials $542.51 6.50% $35.26 Labor $374.78 0.00% $0.00 Supplier Quotes $0.00 8.50% $0.00 SubContractors $0.00 0.00% $0.00 Direct Job Expense $0.00 0.00% $0.00 Equipment Rental $0.00 0.00% $0.00 I Total Tax: $35,26 3/14/2011 2:86:17 PM McCormick Systems Inc. Page: 1 of 2 items , Item # Item Name Quantity Price 2 u Ext Price 2 CO Lbr 1 u CO Lbr 1 Ext CCode , 41 12 THHN CU STRANDED 60.00 $400.00 M 824.00 5.00 M .30 wb 838 1/2 EMT 10.00 $52.68 C $5.27 2.49 C .25 cb 871 1/2 EMT CONN D/S 1.00 $47.23 C $.47 5.02 C .05 cb 967 f/2 EMT COUP D/S 1.00 851.82 C $.52 3.77 C .04 cb 1,110 1/2 EMT 1 HOLE STP /STL 1.25 $23.62 C $.30 3.77 C .05 cs 3,192 1/4 -20 X 3/4 RH MACH SCRE 1.25 83.95 C 8.05 6.28 C .08 ch 3.558 114 FLAT STL WASHER 1,25 514.09 C 8.19 .00 X .00 ch 3,627 3/8" X 21/4 STUD ANCHOR 4.00 843.08 C $1.72 11.30 C .45 ch 3,632 1/4 MACHINE BOLT ANCH 1.25 845.54 C $.57 18.75 C .23 ch 3,720 HEX LAG BIT 3/8X3 4.00 818.70 C $.75 17.50 C .70 ch 3,735 3/8" WASHER 4.00 819.62 C $.78 .00 X .00 ch 3,799 1 1/2 KINDORF -8905 4.00 81,069.06 C 842.76 6.28 C .25 ch 8,146 100A CT CAN 1.00 8.00 Q 8428.00 4.14 E 4.14 ss 9,440 Q00-120 120/240V CB 2.00 818.57 E 337.14 .41 E .83 sp Totals 8542.51 T.37 McCormick Systems Inc. 3/14/2011 2:56:11 PM Page 2 of 2 EXHIBIT 7 FINAL IMPROVEMENTS NOT -TO- EXCEED BUDGET $407,291.76 Terrace: $335,289.24 Terrace Expansion: $43,985.74 Replacement of galvanized water main, tap on 73 Street, relocation of Fire Department connection (FDC): $8,927.34 Manhole Modifications: $9,065.93 Hand watering of transplanted trees: .$5,609.54 Sub - metering of public restrooms $4,413.97 TOTAL: $407,291.76 EXHIBIT 8 INSURANCE REQUIRED OF CONSULTANT'S CONTRACTOR (Also applies to Subcontractors) The Provider shall not commence any work and /or services pursuant to this Agreement until all insurance required under this Section has been obtained and the City's Risk Manager has approved such insurance. In the event evidence of such insurance is not forwarded to the City's Risk Manager within thirty (30) days after commencement date of the Term, this Agreement shall automatically terminate and become null and void, and the City shall have no obligation under the terms and conditions hereof. The Provider shall maintain and carry in full force during the Term of this Agreement, and /or throughout the duration of the Program contemplated herein, whichever is longer, the following insurance: a. General Liability Policy with coverage for Bodily Injury and Property Damage, in the amount of $1,000,000 single limit, subject to adjustment for inflation. The policy must include coverage for contractual liability to cover the above indemnification. b. Worker's Compensation and Employers Liability, as required pursuant to Florida Statutes. c. Automobile and vehicle coverage shall be required when the use of automobiles and other vehicles are involved in any way in the performance of the Agreement. Limits for such coverage shall be in the amount of $500,000, subject to adjustment for inflation. The City of Miami Beach shall be named as an additional insured under all such insurance contracts. Thirty (30) day written notice of cancellation or substantial modification of the insurance coverage must be given to the City's Risk Manager by the Provider and its insurance company. The insurance must be furnished by insurance companies authorized to do business in the State of Florida, and approved by the City's Risk Manager. The companies must be rated no less than "B +" as to management, and not less than "Class VI" as to strength by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent, subject to the approval of the City's Risk Manager. Original Certificates of Insurance for the above coverage must be submitted to the City's Risk Manager for approval prior to any work commencing. These certificates will be kept on file in the Office of the Risk Manager, Third Floor City Hall. The City shall have the right to obtain from the Provider specimen copies of the insurance policies, in the event that submitted Certificates of Insurance are inadequate to ascertain compliance with required coverage. Compliance with the foregoing requirements shall not relieve the Provider of its obligation to indemnify and hold the City harmless, as required in this Section. INSURANCE REQUIREMENTS The term "Contractor", as used in this document, refers to the entity providing construction type services. The terms "owner" and "sub- recipient" are used interchangeably. I. Based on the type of project, the Contractor shall acquire the following insurance and submit necessary certificate(s) and original policies described hereunder. A. Construction and Major Rehabilitation projects including new structures, additions to existing structures, and comprehensive modernization /renovation. The contractor shall obtain the insurance specified in Section II. B. Emergency Shelter, Housing and Minor Rehab, Acquisition of Land and Commercial Revitalization projects including renovation or roofing only of existing structures. The contractor shall obtain the insurance specified in Section II. II. Types of Insurance REQUIRED CERTIFICATE(S) OF PROJECT TYPE INSURANCE A. Construction and Major Worker's Compensation Insurance- for all Rehabilitation employees of the Contractor as required by B. Emergency Shelter, Housing and Florida Statute 440. Minor Rehab, Acquisition of Land & Commercial Revitalization Public Liability Insurance- on a comprehensive basis in an amount not less A. Construction and Major than $500,000 combined single limit per Rehabilitation occurrence for bodily injury and property B. Emergency Shelter, Housing and damage. City of Miami Beach must be Minor Rehab, Acquisition of Land & shown as an additional insured with Commercial Revitalization respect to this coverage. Automobile Liability Insurance- covering all A. Construction and Major owned, non -owned and hired vehicles used Rehabilitation in connection with the work, in an amount not B. Emergency Shelter, Housing and less than $500,000 combined single limit per Minor Rehab, Acquisition of Land & occurrence for bodily injury and property Commercial Revitalization damage. III. All insurance policies required above all shall be issued by companies authorized to do business under the laws of the State of Florida, with the following qualifications: The company must be rated no less than "B" as to management, and no Tess than "Class V" as to financial strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent, subject to the approval of the City's Risk Management Division. or The company must hold a valid Florida Certificate of Authority as shown in the latest "List of All Insurance Companies Authorized or Approved to Do Business in Florida" issued by the State of Florida Department of Insurance and are members of the Florida Guaranty Fund. IV. All insurance required by the contract must stay in force until final acceptance. The Contractor shall also keep all insurance required by contract, except in force when performing any work during the guarantee period(s). The Contractor shall furnish certificates of insurance and insurance policies to the owner prior to commencing any operation under this contract, which certificates shall clearly indicate that the Contractor has obtained insurance, in the type, amount, and classifications, as required for strict compliance with the contract. NOTE: Certificates will indicate no modification or change in insurance shall be made without thirty (30) days in advance notice to the certificate holder. V. Compliance with the foregoing requirements as to the carrying of insurance shall not relieve the Contractor from his liability under any other portion of this contract. VI. Cancellation of any insurance or bonds, or non - payment by the contractor of any premium for any insurance policies or bonds required by this contract shall constitute a breach of this contract. In addition to any other legal remedies, the owner at its sole option may terminate this contract or pay such premiums, and deduct the costs thereof from any amount, which are or may be due to the Contractor. 91.