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2003-25206 ResoRESOLUTION NO. 2003-25206 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AMENDMENT NO. 3 TO THE AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND GLATTING JACKSON KERCHER ANGLIN LOPEZ RINEHART FOR THE DESIGN OF WEST AVENUE/BAY ROAD NEIGHBORHOOD IMPROVEMENTS INCREASING THE NOT TO EXCEED FEE BY AN AMOUNT OF $64,480 TO PROVIDE FOR CONSTRUCTION ADMINISTRATION SERVICES FOR BAY ROAD STORMWATER IMPROVEMENTS NECESSARY TO SUPPORT RELATED STREETSCAPE IMPROVEMENTS AND FURTHER AUTHORIZING THE APPROPRIATION OF SAID AMOUNT FROM THE SERIES 2000 STORMWATER REVENUE BOND FUND. WHEREAS, on May 16, 2001, the Mayor and City Commission adopted Resolution No. 2001-24388 authorizing the execution of a Professional Services agreement with the firm of Glatting Jackson Kercher Anglin Lopez Rinehart, Inc., for Professional Landscape Architectural and Engineering Services for the design of the West Avenue/Bay Road Neighborhood Right of Way Improvement Project in the amount of $231,444; and WHEREAS, in the original contract with Glatting Jackson, neighborhood stormwater improvements were confined to West Avenue because stormwater funding was limited and the West Avenue corridor demonstrated the greatest need for improvements; and WHEREAS, after initial neighborhood planning efforts were undertaken, it became apparent that additional stormwater funding would be required for Bay Road and other areas; and WHEREAS, additional stormwater funding was identified for Bay Road, but because this component was not included in the original contract, related planning, construction design, and construction administration services needed to be obtained from Glatting Jackson; and WHEREAS, on April 10, 2002, the Mayor and City Commission adopted Resolution No. 2002-24821 authorizing the execution of Amendment Number One to the agreement to provide for additional planning services associated with Bay Road drainage improvements; and WHERAS, the City had a need to complete the design of the improvements to Bay Road between 14th and 16th Street ahead of the design of West Avenue Neighborhood project as this component is required to be built by the developer of the adjacent Grand Flamingo project prior to its completion; and WHEREAS, after the approval of Amendment Number One to the agreement with Glatting Jackson, staff and consultants proceeded with the development of conceptual improvement plans based on the streetscape concept plan which was originally referenced in the DRB approval order for the Grand Flamingo project and which received general community support when presented at a November 8, 2001 Community Design Workshop; and WHERAS, preliminary drawings were developed and City staff held three community meetings with property owners and residents before arriving at the final concept design; and WHEREAS, since the original agreement did not cover drainage improvements on Bay Road due to budget limitations, and Amendment Number One to the agreement was limited to the provision of planning services in regard to the drainage improvements, there was a need to provide for the construction design of these improvements; and WHEREAS, on September 25~, 2002, the Mayor and City Commission adopted Resolution No. 2002-24980 authorizing the execution of Amendment Number Two to the City's agreement with Glatting Jackson to provide for additional professional services in the amount of $19,980 associated with the construction design of Bay Road drainage improvements; and WHEREAS, Bay Road construction documents have been completed and the developer has already constructed small portions of the design as will be addressed in an amendment to the developer's agreement covering the details of 14th to 16th Street Bay Road project expected for the City Commission meeting of June 11,2003; and WHEREAS, although the Developer was required to build a streetscape project based on a design provided by the City, the developer's commitment to the streetscape was capped by the development order; and WHEREAS, additionally, the City is requesting that the Developer construct certain stormwater improvements that are beyond the developer's responsibility; and WHEREAS, these two issues will require a financial commitment from the City of approximately $650,000, while the total value of the improvements is about $1.2 million if the City built the whole project without the developer's assistance, resulting in the City receiving approximately $1.2 million in improvements for a $650,000 contribution; and WHEREAS, since the Developer has started a portion of the construction that is integral to his property, the City now needs to ensure that required construction administration services for Bay Road stormwater improvements are available; and WHEREAS, the City retained the services of Engineering Management Consultants Pappas and Associates to negotiate the fees for the required additional services; and WHEREAS, Pappas and Associates negotiated with Glatting Jackson and their stormwater sub-consultant Behar and Associates and agreed on a fee of $64,480 which they recommend as reasonable in the attached memo; and WHERAS, funding for this amount is available from Series 2000 Stormwater Revenue Bonds; NOW, THEREFORE BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that Amendment no. 3 to the Agreement between the City of Miami Beach and Glatting Jackson KercherAnglin Lopez Rhinehart for the design of West Avenue/Bay Road Neighborhood improvements increasing the not to exceed fee by an amount of $64,480 to provide for construction administration services for Bay Road stormwater improvements necessary to support related streetscape improvements and further authorizing the appropriation of said amount from the Series 2000 Stormwater Revenue Bond fund is hereby approved and authorized. PASSED and ADOPTED this ATTEST: CITY CLERK 2zst day of~ ,2003. T:V~,GENDA~2003~ay2103~gular~BayRdreamendreso.doc N:~:'ROVED A,.~ TO FORM & LANGUAGE & ~ EXECUTION - Ci~ At~me~ Dat. CITY OF MIAMI BEACH ~1~ COMMISSION ITEM SUMMARY Condensed Title: A Resolution authorizing Amendment Number Three to the City's agreement with Glatting Jackson Kercher Anglin Lopez Rinehart, Inc. for the design of West Avenue Neighborhood right of way improvements increasing the not to exceed fee by an amount of $64,480 to provide for construction administration services for Bay Road stormwater improvements necessary to support related streetscape improvements and further authorizing the appropriation of said amount. Issue: Should the City amend its agreement with Glatting Jackson Kercher Anglin Lopez Rinehart, Inc. for the des g n of West Avenue Neighborhood Right Of Way Improvements by increasing the not to exceed fee by an amount of $64,480 to provide for construction administration services needed to implement proposed Bay Road stormwater improvements, and, further, appropriate Series 2000 Stormwater Revenue bond funding in that amount? Item Summary/Recommendation: On May 16~n, 2001, the City entered into an agreement with Glatting Jackson Kercher Anglin Lopez Rinehart for the design of West Avenue Neighborhood Improvements. The planning effort for that neighborhood was delayed pending the identification of additional project funding. The City had a need to expedite a portion of the overall neighborhood plan to design improvements to Bay Road between 14~ and 16th Street as this component is required to be completed by the developer of the adjacent Grand Flamingo development prior to the opening of the project. In designing Bay Road improvements, it became apparent that Stormwater improvements would be required on Bay Road. Due to limited Stormwater funding, the original neighborhood design contract with Glatting Jackson only contemplated Stormwater improvements on West Avenue; funding for Stormwater design and construction administration on Bay Road were not included. On September 25, 2002, the City approved Amendment 2 to Glatting Jackson's contract increasing the not to exceed fee by an amount of $19,980 to provide for additional design services for Bay Road stormwater improvements. Project construction documents have been completed and construction is scheduled to begin in Spring 2003. The City needs to ensure that required construction administration services are available for the project. The City retained the services of Engineering Management Consultants Pappas and Associates to negotiate the fees for the required additional services. Pappas and Associates negotiated with Glatting Jackson and their stormwater sub-consultant Behar and Associates and agreed on a fee of $64,480 which they recommend as reasonable in the attached memo. Funding for this amount is available from Series 2000 Stormwater Revenue Bonds. The Administration recommends the approval of the Amendment and the appropriation of $64,480 of Series 2000 Stormwater Revenue Bond funds for this purpose. Advisory Board Recommendation: I N/A · 'inancial Information: Source of Amount Account Approved Funds: 1 $64,480 Series 2000 Stormwater Bond 2 3 Finance Dept. TOtal $64,480 City Clerk's Office Legislative Tracking: I Donald P. Shockey Slain-Offs: I Department Director ASsis~ Manager ,,/c'Ity~nage DATE To: From: Subject: COMMISSION MEMORANDUM Mayor David Dermer and Date: May 21, 2003 Members of the City Commission City Manager ...~--7-~.---~-~-~-r-~-~ ~ - A RESOLUTION OF THE MAYOR AND' CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AMENDMENT NO. 3 TO THE AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND GLATTING JACKSON KERCHER ANGLIN LOPEZ RINEHART FOR THE DESIGN OF WEST AVENUE/BAY ROAD NEIGHBORHOOD IMPROVEMENTS INCREASING THE NOT TO EXCEED FEE BY AN AMOUNT OF $64,480 TO PROVIDE FOR CONSTRUCTION ADMINISTRATION SERVICES FOR BAY ROAD STORMWATER IMPROVEMENTS NECESSARY TO SUPPORT RELATED STREETSCAPE IMPROVEMENTS AND FURTHER AUTHORIZING THE APPROPRIATION OF SAID AMOUNT FROM THE SERIES 2000 STORMWATER REVENUE BOND FUND. ADMINISTRATION RECOMMENDATION: Adopt the Resolution. FUNDING: Funds for this project are available as follows: $92M G.O. Bond $57.7 M - S/W Bond Neighborhood Series 2000 Series 2000 West Avenue/Bay Road $64,480 ANALYSIS: On May 16, 2001, the Mayor and City Commission adopted Resolution No. 2001-24388 authorizing the execution of a Professional Services agreement with the firm of Glatting Jackson Kercher Anglin Lopez Rinehart, Inc., for Professional Landscape Architectural and Engineering Services for the design of the West Avenue/Bay Road Neighborhood Right of Way Improvement Project in the amount of $231,444. Glatting Jackson West Ave./Bay Rd. AlE Agreement Amendment No. 3 May 2'1, 2003 Page 2 In the original contract with Glatting Jackson, neighborhood stormwater improvements were confined to West Avenue because stormwater funding was limited and the West Avenue corridor demonstrated the greatest need for improvements. After initial neighborhood planning efforts were undertaken, it became apparent that additional stormwater funding would be required for Bay Road and other areas. Additional stormwater funding was identified for Bay Road, but because this component was not included in the orginal contract, related planning, construction design, and construction administration services needed to be obtained from Glatting Jackson. On April 10, 2002, the Mayor and City Commission adopted Resolution No. 2002-24821 authorizing the execution of Amendment Number One to the agreement to provide for additional planning services associated with Bay Road drainage improvements. This Amendment also covered planning services for streetscape and street end improvements to 10th, 14th, and 16th streets, and a community design meeting for a fee not to exceed $86,959. The City had a need to complete the design of the improvements to Bay Road between 14th and 16th Street ahead of the design of West Avenue Neighborhood project as this component is required to be built by the developer of the adjacent Grand Flamingo project prior to its opening for business. After the approval of Amendment Number One to the agreement with Glatting Jackson, staff and consultants proceeded with the development of conceptual improvement plans based on the streetscape concept plan which was originally referenced in the DRB approval order for the Grand Flamingo project and which received general community support when presented at a November 8, 2001 Community Design Workshop. Preliminary drawings were developed and City staff held three community meetings with property owners and residents before arriving at the final concept design. Since the original agreement did not cover drainage improvements on Bay Road due to budget limitations, and Amendment Number One to the agreement was limited to the provision of planning services in regard to the drainage improvements, there was a need to provide for the construction design of these improvements. On September 25th, 2002, the Mayor and City Commission adopted Resolution No. 2002-24980 authorizing the execution of Amendment Number Two to the City's agreement with Glatting Jackson to provide for additional professional services in the amount of $19,980 associated with the construction design of Bay Road drainage improvements. Bay Road construction documents have been completed and the developer has already constructed small portions of the design. An amendment to the developer's agreement covering the details of 14th to 16th Street Bay Road project is expected for the City Commission meeting of June 11, 2003. Although the Developer was required to build a streetscape project based on a design provided by the City, the developer's commitment to the streetscape was capped by the development order. Additionally, the City is requesting that the Developer construct certain stormwater improvements that are beyond the developer's responsibility. These two issues will require a financial commitment from the Glatting Jackson West Ave./Bay Rd. AlE Agreement Amendment No. 3 May 21, 2003 Page 3 City of approximately $650,000. The total value of the improvements is about $1.2 million if the City built the whole project without the developer's assistance. In short, the City will receive approximately $1.2 million in improvements for a $650,000 contribution. However, since the Developer has started a portion of the construction that is integral to his property, the City now needs to ensure that required construction administration services for Bay Road stormwater improvements are available. The City retained the services of Engineering Management Consultants Pappas and Associates to negotiate the fees for the required additional services. Pappas and Associates negotiated with Glatting Jackson and their stormwater sub-consultant Behar and Associates and agreed on a fee of $64,480 which they recommend as reasonable in the attached memo. Funding for this amount is available from Series 2000 Stormwater Revenue Bonds. The Administration recommends the approval of the Amendment and the appropriation of $64,480 of/~eries 2000 Stormwater Revenue Bond funds for this purpose J~H:DPS T:~,GEN DA~2003'~nay2103\regu~ar\BayRdarnendmerno.doc 03/03/2003 17:32 ~07-69~-21S4 PAPPAS PAGE Bi J~m~o M. hplmS, P. B. Preddont March ~2, 2003 Sent via FAX and U.~. Marls Mr. Tim Hemstreet CIP Program Director City of Min~ni Beach 1700 Convention Center Drive Miami Beach, FL 33159 Re: Neighborhood No. 11 West Avenue/Bay Ro~d Addendum Number 3 for Task 4 and Task 6 Dear Mr. Hemstreet: The negotiations for subject addendum (Construction Administration, Task 4 and Reimbursables, Task 6) have concluded satisfactorily, it is the professional recommendation of Puplm8 ~nd A~oo~tee that the City of Miami Beach approve this addendum including an increased A/E fee of $51.g80. The fcc is slil~tly hi~her than originally proposed by the A/IS consultant, (Jl~ttb~ Ja~zk~s~, as a result of them obtaining a much clearer understanding of the scope of services the City expects the consult__~_r~t to provide. The construction will take place in an area that will require extensive coordination with other utilities. The fee is reasonable, fair, and proper and indicates the level of effort necessm-y to accomplish the additional tasks requested by the City of Miami [Beach. ~. Pap~iates JAMES M. Papp~s, P.E. Encl: A/E Spreadsheet CC: A/]~ Consultant Pro,tarn Manager (Hazes and Sawyer) K. McKew, Miami Beach CIP MANAGER 83/83/2883 17:32 407-GB9-2154 PAPPAS PAGE 82 CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 www, ci.miami-beach.fl.us AMENDMENT No. 3 AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN CITY OF MIAMI BEACH, FLORIDA AND GLATTING JACKSON KERCHER ANGLIN LOPEZ RINEHART, INC., FOR PROFESSIONAL LANDSCAPE ARCHITECTURAL AND ENGINEERING SERVICES FOR THE RIGHT-OF-WAY INFRASTRUCTURE IMPROVEMENTS PROGRAM NEIGHBORHOOD NO. 11 - WEST AVENUE AND BAY ROAD. This Amendment No. 3 dated as of /~,~/~ ~-! ,2003, to that certain Agreement, dated May 16, 2001 captioned: Agreement Between the City of Miami Beach and Glatting Jackson Kercher Anglin Lopez Rinehart, Inc., for Professional Landscape Architectural and Engineering Services for the Right-of-Way Infrastructure Improvements Program Neighborhood No. 11 - West Avenue and Bay Road, by and between the City of Miami Beach, Florida (CITY) and Glatting Jackson Kemher Anglin Lopez Rinehart, Inc., (CONSULTANT) for Professional Services Associated with the construction administration services for the Bid Package 4011A - Bay Road Streetscape Improvement Project, for a not-to-exceed cost of $64,480. RECITALS WHEREAS, the Agreement provides for the planning, design, permitting and construction administration of certain improvements located along West Avenue, Bay Road and those street th th th ends from Bay Road to Biscayne Bay along 10 , 14 and 16 Streets (Project); and WHEREAS, the planning effort for the West Avenue / Bay Road neighborhood has been initiated; and prioritization of the proposed improvements along Bay Road from 14th to 16th Streets was determined to be in the best interest of the City so that planned developer improvements did not interfere with the streetscape improvements, and WHEREAS, professional Landscape Architectural and Engineering services for the construction administration of the Bid Package 401 lA - Bay Road Streetscape Improvement Project from 14th to 16th Street are required to complement the professional services effort previously agreed to. 1. ABOVE RECITALS The above recitals are true and correct and are incorporated as a part of this Third Amendment. 2. MODIFICATIONS a. Schedule A entitled Scope of Services, is amended as follows: DELETE Task 4 - CONSTRUCTION ADMINISTRATION SERVICES in its entirety and REPLACE it with the following: "TASK 4 -CONSTRUCTION ADMINISTRATION SERVICES The CONSULTANT shall perform the following tasks associated with office administration activities related to the construction of the Projects. These tasks shall MB:4011C003 A- 1 be performed during the duration of all construction Projects. The Projects are defined herein to include the following: · Bid Package 4011A- Bay Road Streetscape Improvement Project · Bid Package 4011B - West Avenue / Bay Road Improvement Project Due to the extensive amount of detailed procedures required to propedy manage construction projects, PROGRAM MANAGER has developed a Construction Management Manual (CMM) for the construction phase of the Infrastructure Improvement Program. This manual will augment the general program guidelines established in the Project Work Plan, as provided to CONSULTANT by PROGRAM MANAGER, at the commencement of the Project, and provides uniform procedures and guidelines for managing the interface between CITY, Contractors, PROGRAM MANAGER's field observation staff and CONSULTANT. CONSULTANT'S level of effort is based upon a construction period of 130 working days and 261 working days for Bid Packages 401 lA and 4011 B, respectively. Task 4.1 - Pre-Construction Conferences: CONSULTANT shall attend a pre-construction conference(s) for each Project. PROGRAM MANAGER shall prepare and distribute meeting minutes to all attendees and other appropriate parties. PROGRAM MANAGER shall issue a Limited Notice to Proceed at the Pre-Construction Conference. A final Notice to Proceed shall be issued upon receipt of a final schedule and procurement of all applicable construction permits from the Contractor. Deliverables: Attend and participate in two (2) pre-construction conferences for Bid Package 4011A and one (1) pre-construction conference for Bid Package 4011B. Schedule: - As scheduled by Program Manager after receipt of Task 4 Construction Administration Services Notice to Proceed. Task 4.2 - Weekly Construction Meetings: CONSULTANT shall attend weekly meetings with the Contractor, PROGRAM MANAGER and applicable CITY representatives on each Project. The purpose of these meetings shall be to review the status of construction progress, shop drawing submittals and contract document clarifications and interpretations. In addition, the Contractor shall furnish a two-week look ahead work schedule to allow for proper coordination of necessary work efforts. These meetings shall also serve as a forum for discussion of construction issues, potential changes / conflicts and any other applicable matters. PROGRAM MANAGER shall prepare and distribute meeting minutes to all attendees and other appropriate parties. Deliverables: Attend and participate in weekly construction meetings. Schedule: - Weekly throughout the project duration, MB:4011COO3.doc A - 2 Task 4.3 - Requests for Information / Contract Document Clarification (RFIs / CDCs): PROGRAM MANAGER will receive, log and process all RFIs / CDCs. Whenever an RFI involves the interpretation of design issues or design intent, PROGRAM MANAGER shall forward the RFI to CONSULTANT. CONSULTANT shall prepare a response in a timely matter and return it to PROGRAM MANAGER. CONSULTANT may be requested by PROGRAM MANAGER to prepare and forward CDCs should certain items within the contract documents require clarification. Deliverables: Respond to those RFI's that involve design interpretations and return to PROGRAM MANAGER's office. Issue CDCs as required. Schedule: Ongoing throughout project construction duration. Task 4.4 - Requests for Changes to Construction Cost and/or Schedule: PROGRAM MANAGER will receive, log and forward to CONSULTANT, all requests for project cost and/or schedule changes from the Contractor. Changes may be the result of unforeseen conditions or interferences identified by the Contractor during the routine progress of work, inadvedent omissions (betterment) issues in the contract documents, or additional improvements requested by the CITY or CONSULTANT after the project bid date. Regardless of the soume, CONSULTANT shall evaluate the impact of the change request in terms of project cost and schedule. CONSULTANT shall prepare an analysis of the change request indicating reasons for acceptance, references to applicable sections of the contract documents that validate or disclaim the change request, and if accepted, a statement noting that the requested cost/schedule impacts are fair and reasonable. PROGRAM MANAGER will perform an independent review of the change request as to relative merit. PROGRAM MANAGER will review CONSULTANT's analysis and upon acceptance, forward it to the CITY and Contractor, for processing. Deliverables: Perform independent review of request for cost increase and/or time extension. Coordinate and participate in meetings, as required, with PROGRAM MANAGER, CITY and Contractor to resolve and/or negotiate the equitable resolution of request. Prepare change order documentation. Schedule: Ongoing throughout project construction duration. Task 4.5 - Processing of Shop Drawings: PROGRAM MANAGER will receive, log and distribute shop drawings to CONSULTANT for its review. CONSULTANT shall have 14 calendar days from the time of receipt in its office, to review and return shop drawings to PROGRAM MANAGER's office. MB:4011COO3.doc A - 3 Deliverables: Review Shop Drawings and return them to PROGRAM MANAGER's office. Schedule: Ongoing throughout project construction duration. Task 4.6 - Field Observation Services: PROGRAM MANAGER will provide field staff to observe the construction of the work. CONSULTANT shall provide specialty site visits by various design disciplines (civil, mechanical, landscaping) on an as requested basis. For the purposes of this scope of services, it is assumed that a total of six (6) specialty site visits for Bid Package 401 lA and twelve (12) specialty site visits for Bid Package 401 lB are included. Deliverables: Provide up to six (6) specialty site visits for Bid Package 4011A and twelve (12) specialty site visits for Bid Package 4011B. Schedule: Ongoing throughout project construction duration. Task 4.7 - Project Closeout: Upon receiving notice from the PROGRAM MANAGER advising the CONSULTANT that the Project is substantially complete, CONSULTANT, in conjunction with appropriate CITY and PROGRAM MANAGER staff, shall conduct an overview of the Project. The overview shall include development of a "punch list" of items needing completion or correction prior to consideration of final acceptance. PROGRAM MANAGER shall develop the list with assistance from CITY and CONSULTANT. The list shall be forwarded to the Contractor. For the purposes of this provision, substantial completion shall be deemed to be the stage in construction of the Project where the Project can be utilized for the purposes for which it was intended, and where minor items not be fully completed, but all items that affect the operational integrity and function of the Project are capable of continuous use. Upon notification from PROGRAM MANAGER that all remaining "punch list" items have been resolved, the CONSULTANT, in conjunction with appropriate CITY and PROGRAM MANAGER staff, shall perform a final review of the finished Project. Based on successful completion of all outstanding work items by the Contractor, CONSULTANT shall assist in closing out the construction contract. The contract documents shall be structured to require the Contractor to prepare the record drawings. CONSULTANT shall furnish the electronic drawing files to the CITY for the Contractor's use. PROGRAM MANAGER shall certify the record drawings to the various affected permitting authorities. Deliverables: - Attend field meetings to review substantial completion and develop "punch lists". Certify project completion to appropriate agencies. MB:4011COO3.doc A - 4 Schedule: At the Substantial completion of project" b. Schedule A entitled Scope of Services, is amended as follows: Task 6.5 - Underground Utility Verification, third sentence, DELETE the third sentence in its entirety and REPLACE it with the following: "Cost shall be limited to a $15,000 not-to-exceed amount and is associated with the subconsultant's underground utility verification effort." c. Schedule B entitled Consultant's Compensation Fee Schedule, is amended as follows: ADD Schedule B-I. OTHER PROVISIONS All other provisions of the Agreement, as amended, are unchanged, and shall remain in force and effect. RATIFICATION The CITY and CONSULTANT ratify the terms of the Agreement, as amended, as modified by this Amendment No. 3. MB:40'I 1CO03.doc A - 5 IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 3 to be executed in their names by their duly authorized officials as of the date first set forth above. ATTEST C I'I'~' CLERK CITY OF MIAMI BEACH, FLORIDA WITNESS GLATTING JACKSON KERCHER ANGLIN LOPEZ RINEHART, INC. Signature Print Name Print Name and Title APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION Date MB:4011COO3.doc A - 6 z ~ z~ ~0 0~ o~