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HomeMy WebLinkAboutReso 2012-1856RESOLUTION NO. 2012-JfL~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA RETAINING THE SERVICES OF CONSUL T ANTS JOHN HAGAN ASSOCIATES, INC, THE CHAPPELL GROUP AND ECOPLAN, INC. TO PROVIDE CONSULTING SERVICES TO THE CITY FOR THE ACQUISITION OF SUBMERGED LAND IN AN AMOUNT NOT TO EXCEED THIRTY-FIVE THOUSAND DOLLARS ($35,000.00), ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE CITY ATTORNEY TO DO ALL THINGS NECESSARY TO EFFECTUATE THE TERMS OF THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City's Comprehensive Plan, adopted in 2000, requires the City to construct an Emergency Bridge between 172nd Street and 174th Street; and WHEREAS, the submerged land owned by Cavalry Corp. is necessary for the construction of the Emergency Bridge; and WHEREAS, the acquisition of the fee simple interest in the submerged land is further necessitated by the City's obligation to comply with State law and the City's; and WHEREAS, the City will need the assistance of consultants to provide written and testimony reports to substantiate the value and purpose of the acquisition of the submerged land for the construction of the emergency bridge; and WHEREAS, consultants John Hagen Associates, Inc., The Chappell Group and EcoPlan, Inc. are capable of providing such services. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Approval of the Agreements. The City Commission hereby approves the agreements retaining the services of John Hagan Associates, Inc., The Chappell Group, and EcoPlan, Inc. in an amount not to exceed Thirty-Five Thousand Dollars ($35,000) attached hereto as Exhibit "A". Section 2. Authorization of the City Attorney. The City Attorney is hereby authorized to do all things necessary to effectuate this agreement. Section 3. Effective Date. This Resolution shall become effective upon adoption. PASSED AND ADOPTED this 16th day of February 2012 Retaining the services of Hagan/Chapelle & EcoPlan. ATTEST: ~tA~ Jane A. Hines, CMC, City Clerk Vote: 5~ Mayor Ede1cup Vice Mayor Thaler Commissioner Aelion Commissioner Gatto Commissioner Scholl l1~ Sc.\\D\..L ,No. M<rvT~i~ Moved by: Seconded by: v (Yes) V(Y es) V (Yes) V(Y es) ---.0Y es) Retaining the services of Hagan/Chapelle & EcoPlan. _(No) _(No) _(No) _(No) _(No) J 0 H N HAG A N ASS 0 C I ATE S, INC. REAL ESTAT!' APPRAISERS - CONSULTANTS 151 N. NOn HILL ROAD, NO. 275 - PL.ANT/\TION, FLORIDA 33324 P.O. Box i 99'2. Mt. Dor~l, Florida ~27)(; (954) 583-4801 - FAX: (954) :rn-9883 jthreaCa;bellsouth net January 19,2012 Hans Ottinot City Attorney Office of the City Attorney City of Sunny Isles Beach 18070 Coli ins Avenue Sunny Isles Beach, FL 33160 Re: Fee proposal for North Bav Road Bridge Appraisal: Tax Folio 31-2211-004-0203 Cavalry Corp (submerged land) Page 1 of 2 Dear Mr. Ottinot: John Hagan Associates will prepare a written appraisal report estimating compensation for the partial acquisition of property for the above project. As a pre requisite to the appraisal, the City must furnish the appraiser with a written Planning Report(s) that identifies and quantifies any development rights of the whole ownership interest, and the impact, if any, on the ownership interest caused by the project. These rights may include on-site development or sale of development rights (TORs). To the extent development rights require time, permitting and cost, these must be quantified in the Planning Report. The appraiser will rely on the Planning Report for highest & Best Use and valuation analysis. As this assignment has the potential for use in an eminent domain action, the Planning Report must be completed by qualified experts in the area of land use, zoning, and all regulatory permitting which may pertinent to the property. The City will provide the appraiser with legal descriptions of the ownership interests required for acquisition, and available descriptions of the proposed project improvements. The fee for the preliminary appraisal work is $9,500, with an additional fee cap of $5,000 due for report completion after the City has provided the legal descriptions of the property to be acquired. An update appraisal of the same property and project within one year is $7,000. The appraisal can be submitted within 30 days from the City's written notice to proceed and receipt of the completed Planning Report and legal descriptions. Hans Ottinon January 13, 2012 Page 2 Any time, including transportation time, for depositions and deposition preparation, pretrial meetings, review of other experts' work, preparation of exhibits, exhibit materials, and trial preparation will be billed at the rate of $175 per hour for John Hagan, and $135 per hour for Hugh Isley, A.S.A., separate and in addition to the fees for the appraisals. The limiting conditions in the appraisal will contain a statement that there will be no investigation by the appraiser for environmental contamination within the ownership area. Very Truly Yours, ~.. 1J4-~~ ri' + ~ . . cll" T. Hagan, MA I cc: Sidney Calloway .ChapQ~U; January 18, 2012 Mr. Hans Ottinot, Esq. City Attorney City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 RE: NORTH BAY ROAD BRIDGE Due Diligence & Expert Witness Testimony TeG Proposal No. 2012.005rev1 Dear Mr. Ottinot: The Chappell Group, Inc. (TCG) is pleased to provide you with the following proposal for professional Environmental Services pertaining to the above referenced project site specifically described as Broward County Parcel Folio No. 31-2211-004-0203 currently owned by Calvary Corporation. The following scope of work provided is to assist the City of Sunny Isles Beach with an analysis of the subject parcels to determine possible environmental impacts and mitigation requirements from regulatory agencies, and to assist the City with the voluntary acquisition or eminent domain proceedings necessary to acquire the property for the construction of an emergency bridge: I. ENVIRONMENTAL SERVICES 1.1 Phase I ESA (Task NO.1 005) Conduct a Phase I Environmental Site Assessment of the subject property as defined in the scope below: OBJECTIVES The Phase I ESA objective is to identify recognized environmental conditions associated with the property. According to ASTM E1527-05, Section 3.3.28, "Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process": "Recognized environmental conditions means the presence or likely presence of any hazardous substances or petroleum products on a property under conditions that indicate an existing release, a past release, or a material threat of a release of any hazardous substances or petroleum products into structures on the property or into the ground, groundwater, or surface water of the property." The proposed Phase I ESA scope of work is described in the following sections. 714 East McNab Road . Pompano Beach, Pi. 33060 lei. 954.782.1908 fax. 954.7R2.11 OR www.thechappellgroup.com EllVirolllncntal Consultants I Marina & Wctland Pemlilling I Phase I ESAs I Mitigation Design & Monitoring I T&E Species Surveys .", ~.~ IIChapQq~}J? PROPERTY DESCRIPTION The subject property consists of an existing 2.68 acre submerged parcel located between 174th Street and 172nd Street in the City of Sunny Isles Beach, in Miami-Dade County, Florida. PHASE I ESA SCOPE OF WORK The proposed Phase I ESA scope of work is described in the following sections. Historical Records and Environmental Database Review TCG will review readily available data from standard sources for information on the historical development and use of the property. The following items will be reviewed: . Boundary survey; · Topographic maps; . Sanborn fire insurance maps; · Title and deed book information (chain of title), if provided by Client; . Building Department records; . Aerial photographs; . City directories; and · Previous environmental studies provided by Client. · Environmental Lien and AUL's searches Through the services of a database search company, TCG will review a comprehensive listing of environmental databases of federal, state, and local environmental regulatory agencies for information on sites of environmental concern, compliance enforcement actions, investigations involving hazardous material or wastes, and of underground storage tanks (USTs). The radial distances searched will be in accordance with ASTM Standard Practice E 1527 -05. Site Reconnaissance In conducting the site reconnaissance, TCG will attempt to observe the following at the property: · The property itself, to assess past or current use, and the potential for impact to sail, groundwater, and surface water based on identified uses; · Evidence of stressed vegetation, disturbed topography, soil/asphalt staining, surface water or groundwater sheen, or odors; · The exterior and the interior of existing structures; · Evidence of use or dumping of solid waste, hazardous materials, and construction debris; · Topographic features indicating extensive use of non-native fill on the property; · Evidence of the use of petroleum products or other chemicals (e.g., USTs or aboveground storage tanks, drums, etc.), and other obvious environmental indicators (e.g., monitoring wells); and, · Evidence of potable wells, irrigation wells, septic tanks, or other underground structures. · Neighboring sites to assess the potential impact of their operations on the property; 2 714 EasllvlcNub Road . Pompano Beach. FL 3.10{\O lei. 954.7H2.190R flu. 954.782.1108 www.lhcchappcllgroup.com Environmental Consultants I Marina & Wetland Permitting I Phase J ESAs I Mitigation Design & Monitoring I T&E Species Surveys q'l> t=~ IIChap~~JU~ Interviews and File Review TCG will attempt to interview the property owner(s), on-site management and maintenance personnel, and other knowledgeable personnel (identified by Client) regarding past or present site activities relating to environmental concerns. In addition, TCG may contact federal, state and local agencies on a confidential basis to obtain information regarding environmental concerns, which the site reconnaissance and environmental database search identify as having the potential to impact the property. Data Interpretation and Reportinq TCG will evaluate the data to assess the potential for soil, groundwater, and surface water contamination in connection with the property. If recognized environmental conditions are identified, you will be notified immediately. The results of the Phase I ESA will be presented in a formal report. The following items will be included in the report: · A description of the property and surrounding area; . A discussion of environmental concerns; and · Findings, opinions, and conclusions and, where applicable, identification of data gaps that should be addressed. The scope of services for this Phase I ESA does not include: asbestos, radon, lead-based paint, lead in drinking water, wetlands, regulatory compliance, cultural and historical resources, industrial hygiene, health and safety, ecological resources, endangered species, indoor air quality, mold or high voltage power lines. The scope of services does not include letters of recommendations, soil and groundwater testing, reliance letters, chain of title search, or other correspondence. Limitations TCG services will be provided according to generally accepted environmental science, geoscience, and engineering practices at the time the work is performed. Even the most comprehensive scope of services may fail to detect environmental liabilities. Therefore, TeG cannot act as insurer and cannot certify that a property is free of contamination. TCG's services and recommendations cannot be construed as endorsement of the proposed land use. No expressed or implied representation or warranty is included or intended in our reports, except that our services were performed, within the limits prescribed by the Client and with customary thoroughness and competence of our profession. Lump Sum................ ................................. ...................... ......................... $2,500.00 1.2 Benthic Survey (Task NO.1 030) Conduct benthic survey of the submerged bottom within the 2.83 acre subject property to determine the extent, if any, of benthic resources within the proposed project footprint and property. The survey shall be conducted within the riparian rights area for the subject property. Surveys conducted outside of the acknowledged seagrass growing season may be subject to agency review and 3 714 Ea~t McNab Road. Pompano Beach. FL 33060 rd. 954.7R2.1908 ft/.\". 954.782.1108 www.lhechappellgroup.com Environmental Cnn'ullanls I !\'larina & Wctland Pcmlilting I Phase 1 ESAs I Mitigation Design & Monitoring I T&E Species Surveys ~b ,~~ IIChapQ~JJi verification at the start of the next growing season. Prepare summary report of findings. Lump Sum.............................. ......... ...... ......... ....... ................................ ...$2, 500.00 1.3 Due Diligence (Task No.1 015) Research existing sovereign submerged lands leases for adjacent parcels and historical permits issued for adjacent properties and existing property, if any, for the construction of marinas and/or dredge and fill authorizations. Prepare summary of necessary regulatory agency approvals, potential permit conditions and review constraints, and timeline for approval for the construction of the emergency bridge over the subject parcel. Lump Sum.............................................. ..... ........... ......... ......... ............. ...$4,750.00 1.4 Expert Witness Testimonv (Task No. 1190) Provide expert witness testimony regarding the ability to process environmental resource permit applications with the necessary agencies to construct a bridge over the submerged parcel to connect North Bay Road between 172nd Street and 174th Street. Attend necessary depositions, provide testimony, and assist counsel with the requested information regarding the regulatory approval process. Hourly. .......................... ............................................. ......Per Hourly Fee Schedule Scope of Services The scope of services is limited by the specific terms of this proposal. Except as stated specifically herein, no other service will be provided except as "extra work", subject to the fees hereinafter set forth. The terms hereof shall be construed in favor of the firm and all inferences and implications shall be deemed to be for the benefit of the firm. In reviewing this proposal for professional services, it should be understood that the above proposal items and their corresponding fees do not necessarily represent the full scope of services required for the project. Rather, it represents our best effort to set forth those services which we believe to be those requested by you, the Client, and/or those we can determine to be needed to accomplish a particular objective. However, we recognize and we ask that the Client recognize that as a project progresses the scope of service as originally defined may change in content to include work not initially identified. Several factors will cause this to happen: 1. Better understanding of the project and the Client's goals as progress on the project is made. 2. Additional requirements identified by the Client. 3. New laws or governmental agency requirements. As these influences occur and are identified, we will advise you of same and seek your direction as to how you wish to proceed. Work required as a result of the above will be "extra work" outside of the original scope of services. Upon your direction, we will perform the work under the "Hourly Fee Schedule" section of this proposal or we can provide you with a separate proposal should the scope so indicate. 4 714 Enst McNab Road . Pompano Beach. FL 33060 rei. 95~.7S2.19()S fax. 954. 7H2. 11 OH www.thechappellgroup.col1l EUl'irunmenlal ('onsllllanl' I Marina & Wetlaod Permilling I Phase I ESAs I Mitigation Design & Monitoring I T &E Species Surveys ..", t$1J IIChap~~U! Hourlv Fee Schedule Principal.... ................. ............ ...... ....... ....... ..................... .......... ........ .... ................. ............ .... ........,.. $140/Hour Senior Project Biologist... .......... .......... ...... ........... ............ ....... .... ....... ......... ........... ..... ............ .......... $125/Hour Project Biologist ......... ..... ........ ..... ...... ......... ...... ........... .... ......................... ..... ....... .................... ... ....... $95/Hour GIS Technician......................................................................................................................... .......... $80/Hour CAD Technician........ .............................................................................................,............................ $75/Hour Clerical. ..... .......................................... ........ ......... ............. ............. .... ...... ............ ....... ...... ...... ....... ..... $50/Hour Expert Witness................. .......................................................................,.....................................,... $250/Hour Court Appearances..... ............ ............ ......... ........ ........... ............ ......................... ....... ...................... $250/Hour Hourly work will be billed at our current prevailing rates; however, these are subject to change due to increasing labor and material costs. No notice of change in prevailing rates shall be required. Lump Sum Fees The Lump Sum Fees set forth above are applicable for a period of six (6) months from the date of this proposal. If the work on any item to which a lump sum fee shall apply is not commenced within said period, the firm reserves the right to terminate this Agreement as it relates to said item. No prior notice of such adjustment shall be required. Cost Estimates In that our firm does not have control over the cost of labor and materials, or over competitive bidding and marketing conditions, the estimates of construction costs provided by our firm will be made on the basis of our experience and qualifications, but our firm does not guarantee the accuracy of the estimates of probable cost as compared to the contractor's bids. The firm recommends that you consult with the other professionals which you have employed in connection with the project. Ownership of Documents All documents including, but not limited to, drawings and specifications prepared in connection with the project constitute the work product of the firm and a portion of the instruments of service with respect to the project. Such documents and/or specifications constitute a portion of the integral services provided by the firm and, as such, are not intended or represented to be suitable for reuse by you or others or for extensions of the project or in connection with any other project. The firm specifically disclaims any responsibility and/or liability for or in connection with the reuse of such documents and/or specifications or any use thereof beyond the scope of the Project as set forth herein. By your execution of this proposal, you agree to indemnify and hold the firm harmless from all claims, damages, losses and expenses including, but not limited to, attorney's fees arising out of or resulting from the reuse or extended use of such documents or specifications. Permits and Approvals The permits and agency approvals mentioned above are those known to us to be required for projects of this kind, and we will apply for them as indicated. However, our experience has shown us that agencies and regulatory authorities do not always communicate new regulations and legislation properly and that the enforcement of policies can vary. The Client is therefore cautioned that additional permits or approvals other than those presently identified may be required. Should this arise, we will notify you and respond promptly to the requirement. Construction Requirements At the time that the Firm is authorized by you to perform professional environmental services involving design plans and permits requiring approval by governmental agencies, the engineer of record will be required to provide certificates of compliance to those agencies with regard to the performance of certain aspects of the work, which performance will be rendered by others. It will be necessary, therefore, for the firm to perform full-time observation regarding some items and to make periodic site visits for other items to determine whether or not the improvements are in "substantial compliance" with the relevant contract documents. 5 714 East McNab Road . Pompano Beach. FL J30(\O tel. <j54.n2.190~ fll.\. 954.7~2.11 OK www.thechappellgroup.colll EnvlH>nmcntaJ Consullunls I Marina & Weiland Permining i Phase I ESAs I Mitig,llion Design & MonilOring I T&E Species Surveys 4'" t,,~ .ChapQq~J,I~: It shall be your responsibility to notify the firm of the commencement of any work so that the firm may perform the necessary inspections and observations. The amount of time required for such inspections and observations and for the completion of the applicable certifications will be dictated by the performance of the contractor. Moreover, and in addition to the required site visits, the firm must also review the as-built drawings during and at the end of the construction period. All of the services described in this paragraph constitute "extra work", unless otherwise specifically set forth in the "Scope of Services". The cost of providing these services is not included in the Lump Sum fee, unless specifically indicated. The firm shall not be responsible for the quality or quantity of the work, the execution thereof, the techniques or sequences of construction. the safety and security of the project or the maintenance thereof. The firm is not a guarantor or insurer of the work of others and assumes no duty in connection therewith. In performing the services required of it, the firm will use that degree of care and skill ordinarily exercised, under similar circumstances, by reputable members of its profession practicing in the same or similar locality. No other warranty, expressed or implied, is made or intended by the firm by virtue of the undertakings or of its performance of the service hereunder. Absent bad faith in the performance of the work hereunder, the firm shall not be liable for any damages resulting from misfeasance in the performance of any work with regard to the project. No person other than you shall have the right to rely on the expertise of the firm or the performance of the matters set forth herein. The firm reserves the right to record a memorandum hereof in the public records of the County. The above stated services are the minimum level of services that the firm is obligated to perform. The firm currently proVides a complete range of construction-related services which it will be happy to discuss with you at the time that your project is ready for construction. Permit Fees; Application Fees; Outside Consultant Fees The service fees set forth herein do not include the payment of governmental agency submittal fees, review fees or permit fees, or any other charges assessed by said agencies. Further, the service fees do not include the cost of services provided by others. These fees shall be paid for by the Client. Should our firm find it absolutely necessary to advance fees for the Client, said fees shall be reimbursed along with a service and handling fee upon receipt of the invoice for same. Direct Charqes Unless otherwise specified, the above service fees do not include the following direct charges: 1. Blue prints, mylars, Xeroxing, Postage, Federal Express, photographic services for enlargements, reductions, etc.: At Cost plus 10% handling charge. AssiQnment It should be expressly understood that this proposal is for the use of the executing Client and is not assignable or assumable by any third party. Invoicinq and Payment Work will be invoiced at the end of each month based on a proration of work completed to date, with payment expected upon receipt of the invoice by the Client. Client shall notify firm within ten (10) days of receipt of invoice should invoice be found to be unacceptable. Any invoice for which firm is not so notified shall be deemed to be acceptable for purposes of payment by Client. If payment is not received within 30 days of the invoice date, Consultant may terminate this agreement or suspend work under the agreement without further notice, and a late charge of one and one-half percent (1-1/2%) per month on outstanding balance shall accrue until delinquent balance is paid. Client agrees to pay all costs of collection, including reasonable Attorney fees, should such action be required. 6 714 East McNab Road . Pompano Beach. FL 33060 lei. 954.782.1908 fax. 954.782. II 08 www.thechappellgroup.com EnvironmclHal C"",ullalHs I Marina & Weiland Pcnnilting I Phase 1 ESAs I Mitigation Design & Monituring I T&E Species Surveys .... ~q: IIChap~~JJ~' Client's Responsibilities 1. The Client shall provide full information regarding requirements for the project including a program, which shall set forth the design objectives, constraints and expendability, special equipment and systems and site requirements. 2. The Client shall furnish upon request by the firm the services of soil engineers or other consultants when such services are deemed necessary. Such services shall include, but are not limited to, Phase I Environmental Site Assessments, test borings, test pits, soil bearing values, percolation tests, air and water pollution tests, ground corrosion and resistivity tests. including necessary operations for determining subsoil, air and water conditions, with reports and appropriate professional recommendations. 3. The Client shall furnish upon request of the firm structural, mechanical, chemical and other laboratory tests, inspections and reports as required by law or the Contract Documents. 4. The Client shall furnish a Legal Description of the property and the appropriate Title Information. 5. The Client shall execute all permit applications. As "Permittee". or "applicant" or "holder", Owner shall be responsible for complying with the conditions of all permits issued. In particular, Client shall be responsible for the safely of the General Public during construction. 7 714 East rvlcNab Road . Pompano Beach. FL 33060 lei. 954.782.1908 1<1.\". 954.782.1108 www.lhechappclIgwup.col11 Environmental Consultanh I Marina & Wetland Pcnnitting I Phase' ESAs I Mitigation Design &. Monitoring I T&E Species Surveys D" t41J IIChapg,~Jl:; Acceptance This proposal and fee schedules are based on acceptance within 30 days of the date of preparation. If not accepted by you within that time period, we reserve the right to re-evaluate the terms and conditions contained herein. If the proposed work and fees contained herein are agreeable with you, please sign the enclosed copy of this letter and return same to our office. Should you have any questions regarding the above, please do not hesitate to call. Sincerely, THE CHAPPELL GR ;-- P, INC. .~~ ~~ yler Chappell Vice President cc: Mr. Sidney C. Calloway, Esq., Shutts & Bowen, LLP ACCEPTANCE OF PROPOSAL: The above fees, terms, conditions, and specifications are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined and the individual accepting this proposal will be personally liable for payment of services described in this proposal. ~~IS PROPOSAL ACCEPTED BY: ~5 ()-\4:Y\Qi G~~~f\e~ Name,& Title (Printed) ) C;.0~ iJ S\JQ"\"'tJJ:sk.~~ flJUt" g ature ~ /1-<; I (2- DaCe / / Please provide Account Payables Contact Information below: ~~kJo\~ '-b G -!:3 ~i( Name: Address: Email: 8 714 East McNab Road. Pompano Beach. FL 33060 lei. 954.782.]<}{JX fin. 954.782.1 lOX www.thechappcllgroup.com En\'if()nl1lemal Consultants I Marina & Wetland Pennitting I Phase I ESAs I Mitigation Design & Monitoring I T&E Species Surveys 4" '"~ ---1 i IJPLAN ECOLOGICAL/ENVIRONMENTAL LAND PLANNING, LANDSCAPE ARCHITECTURE' LAND USE ANALYSIS LC 0000309 Revised: January 20,2012 Mr. Hans Ottinot, Esquire City Attorney, City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 33160 Re: Development Studies for 2.68 Ac. Calvary Corp. Property Litigation Support and Expert Witness Testimony Dear Mr. Ottinot, We were recently contacted by Mr. Sidney Calloway of Shutts and Bowen regarding your potential eminent domain proceedings on a 2.68 Acre property described as a "submerged property" owned by the former Calvary Corporation (Broward County Parcel Folio No. 31-221-004-0203). We understand that the City of Sunny Isles Beach would like to erect a bridge across the propeliy to connect N. Bay Rd and 172nd Street to the south of the property. We also understand that your due diligence process must include an analysis of potential development scenarios to establish a market value for the property. Our scope of work as Land Planners will serve to assist you, your appraiser and consultant team in this process by preparing a number of potential development scenarios and making ourselves available to provide expert witness testimony as it relates to potentialland use alternatives on the property. Our proposed scope of work is as shown below: A. PRELIMINARY CONSULTATIONS Task One - Site Inventorv Prior to undergoing our efforts, we will require that the City furnish EcoP1an with a map / survey of the property which should include adjacent properties, structures, utilities, easements, setbacks, elevations, etc., as well as the locations of nearby roads and easements that may be used to access the property. Once we have this infonnation in hand, EcoP1an will visit the property and record an inventory of opportunities and constraints that may have an impact on any eventual development scenarios. Additionally, prior to EcoP1an preparing the land use development concept plans, we will require that Ybur environmental consultant provid~\.1~:~ith the following: . Legalities and environmental constraints related to a potential in water / marine based development. 1515 SE 4TH AVENUE .FT. LAUDERDALE, FLORIDA 33316 PHONE (954) 524 3722 FAX (954) 524 1529 WEB www.ecoplan-inc.com E-MAIL info@ecoplan-inc.com Development Studies for 2.68 Ac. CalvalY Corp. Propel1y Litigation Support and Expel1 Witness Testimony EcoPlan - Revised January 20, 2012 Page 2 . Legalities and environmental constraints related to a potential land based development (assuming the possibility of filling the property). We realize that the potential of being permitted to fill the property may be remote. However, since this scenario may offer the highest potential market value for the property, we feel it is necessary for your environmental consultant to determine the legalities and environmental constraints associated with this scenario. Meetings/Site Visit - EcoPlan is including time for 1 site visit and one "kick off' / coordination meeting during this design task. EcoPlan wills end 1-2 persons to participate in these meetings. Task Two - Conceptual Land Use Plans Using the information gathered in Task One, EcoPlan will prepare 3-4 Conceptual Land Use Plan alternatives that may include both water based and land based development scenarios. Water based alternatives may include a marina, house boat village or other marine type use to be determined or as permitted by zoning regulations. Land based alternatives may include high density residential, hotel, mixed use, retail or other uses to be detennined or as permitted by zoning regulations. These land use plans will be drawn to scale and presented to you and your team to facilitate the discussion about the potential development scenarios and the potential market value of each concept. The Conceptual Land Use Plan alternatives are preliminary in nature and are not suitable for public presentation or official land use applications. However, the alternatives will incorporate applicable development regulations and codes as outlined in the City of Sunny Isles Beach Code of Ordinances and Miami Dade County Code of Ordinances. Please note that EcoPlan does not provide opinions, research or data related to market feasibility and we assume that any quantitative discussions relative to market analysis and values will be provided by your appraiser, real estate / market advisory consultant or marina feasibility consultant. Meetings - EcoPlan anticipates 1-2 coordination meetings or presentations during this design task. For these meetings, EcoPlan will send 1-2 persons to participate in these meetings. B. POST LAWSUIT CONSULTATIONS Task Three - Refined Land Use Plan Based on the discussions and alternatives presented in Task Two, EcoPlan will prepare a Refilled Land Use Plan. This Refilled Land Use Plan will represent the highest market value use of the land as determined by your market and real estate advisory.consultants, appraiser and consultant team. We will incorporate all applicable recommendations into the Refilled Land Use Plan. Development Studies for 2.68 Ac. Calvary Corp. Property Litigation Support and Expert Witness Testimony EcoPlan - Revised JanualY 20, 2012 Page 3 This Refined Land Use Plan will be drawn to scale, in color, and presented to you and the consultant team. Based on any discussions and recommendations made during this presentation, we would then make up to (1) revision of the plan. The plan and all supporting document will be bound into a project booklet and provided to you and your team in both digital and hard copy format, for your use. Meetings - EcoPlan anticipates 1-2 coordination meetings or presentations during this design task. For these meetings, EcoPlan will send 1-2 persons to participate in these meetings. Task Four - Expert 'Witness Testimonv Based on the Land Use Plan process completed in tasks 1-3, EcoPlan will be available to provide litigation support and Expert Witness Testimony as it relates to our scope of work. Please note that EcoPlan's expertise is limited to planning and land use issues and does not include expertise in areas of environmental assessment, market assessment, real estate advisory and marina feasibility. All litigation support and expert witness testimony would be provided on an hourly basis (see attached hourly rates). Task Five - Additional Exhibits, Plans and Documents EcoPlan is available to provide any additional exhibits, plans and/or documents that may be required for your eminent domain proceedings. Any additional exhibits beyond those mentioned in tasks 1-3 would be completed as an additional service on an hourly basis. However, if any efforts to produce additional exhibits are extensive, we are able to provide a lump sum fee once the additional scope is further defined. Compensation For the Scope of Services described above, EcoPlan proposes the following lump sum design fees: PRELIMINARY CONSULTATIONS Task 1 - Site Inventory and Analysis Task 2 - Conceptual Land Use Plans Included $10,000 POST LAWSUIT CONSULTATIONS Task 3 - Refined Land Use Plan Task 4 - Expert Witness Testimony Task 5 - Additional Exhibits, Plans and Documents Hourly Rate Hourly Rate Hourly Rate All invoices will be submitted at the beginning of each month for the previous month's work. Invoices are due and payable upon receipt. In the event that invoices are not paid within 30 days, work will be suspended until the account is brought cunent. Reimbursable expenses related to transportation, meals, reproduction, postage, etc. are additional and will be billed at cost. Development Studies for 2.68 Ac. Calvary Corp. Propelty Litigation SUppOlt and Expelt Witness Testimony EcoPlan - Revised January 20, 2012 Page 4 Please note that EcoPlan will not engage in any additional services nor will we charge for any additional services without fIrst receiving your approval in writing. It is important to note that the Owner shall maintain full ownership and be granted complete access to any and all exhibits, illustrations, graphics, and the written word, in all forms, including, but not limited to, fax, print, photo and digital, for any and all uses and presentations. If the above proposal and attached General Tenus and Conditions meet with your understanding ~ and approval, you may authorize us to proceed by signing one copy of this letter and returning it to our offIce, " . ieh-will be applied to youfii.nal r::lymeut. Mr. Ottinot, we truly appreciate the opportunity to submit this proposal and we look forward to the prospect of working with you and the rest of your team on this project. If you feel any modifIcations to this proposal would better suit your needs, please do not hesitate to contact me. Sincerely, ~ John Harrigan Principal Attachments: General Terms and Conditions & Hourly Rate Schedule Cc: Sidney C. Calloway, Shutts and Bowen Tyler Chappell, The Chappell Group Phillip Bogdal, EcoPlan Joel Jones, EcoPlan Brian Euell, EcoPlan Ib Authorization to Proceed For. [[[I] PLAN ECOLOGICAUENVIRONMENTAL LAND PLANNING LANDSCAPE ARCHITECTURE LAND USE ANALYSIS EcoPlan - General Terms and Conditions 1. The General Terms and Conditions outlined below are part of the attached letter agreement and are hereby incorporated by reference. 2. The Owner/Client shall provide EcoPlan with program information regarding the requirements and objectives for the Project. Additionally, EcoPlan shall be entitled to rely upon the accuracy of any services, information, surveys and repOlis supplied by the Owner, Client or by others. 3. Unless otherwise mentioned in the proposal, all fees will be invoiced monthly and shall be payable in net U.S. Dollars and drawn upon a U.S. bank. The Owner/Client understands and acknowledges that these fees are net of any non-U.S. taxes and/or tariffs. 4. In the event the Owner/Client should elect to forward funds via wire transfer, the Owner/Client shall wire the funds in U.S. Dollars, net of any transaction fees, to EcoPlan's local bank as follows: Bank Name: Address: ABA: Swift: Account #: Beneficiary Name : BankUnited 17100 Collins Ave Ste 117, Sunny Isles Beach, FI 33160 267090594 BUFBUS3M 0459005529 Ecoplan, Inc. 5. All invoices are payable upon receipt. In the event payment is not received within thirty (30) days of invoice date, work on the project may be suspended. Stoppage of work by EcoPlan will not be deemed as a default under the terms of this letter agreement. In some cases, an additional fee will be required to re-start work due to non-payment. Should non-payment extend beyond 60 days past due, interest shall accrue at a rate of (1 %) monthly until the account is brought current. 6. The Owner / Client shall notify EcoPlan within (10) days of receipt of an invoice if the invoice is found to be unacceptable. If notice has not been given within (10) days, it is assumed that the invoice has been accepted by the Owner/Client as it relates to the payment conditions above. 7. The Owner/Client agrees that this letter agreement shall be interpreted according to the laws of the State of Florida, and agrees to reimburse EcoPlan for reasonable attorney fees that it may expend in enforcing this letter agreement. 8. Payment of the advance deposit, signature of the proposal, and/or signature of these tenns .. will signify the Owner/Client's acceptance of all the Tenus and Conditions outlined herein. Accordingly, the Owner warrants that the necessary funds are available to pay EcoPlan for services and expenses outlined in the letter agreement and that these funds are not encumbered or contingent upon subsequent approvals permits or financing commitment. 8. The Owner/Client agrees not to change the title of any drawings based on the designated phase under which they were prepared. For example, drawings done at the conceptual level of design and labeled "Conceptual Plan" may not be changed to any other title such as "Preliminary Master Plan" or "Master Plan," or published as documents with any other title. 9. Any changes to previously approved designs shall be considered additional work and billed in addition to the fees set in the agreement. 10. This letter agreement and attached proposal will be valid for 90 days from the date of its issuance. After that tenn, fees and conditions will be subject to change. 11. Any out-of-pocket expenses such as travel and its associated costs, long distance communication, postage, freight, reproduction, photography, etc., will be billed monthly at cost unless otherwise stated in the proposal. Acceptance of General Terms and Conditio Date~~ .. ,. IIOJPLAN ECOLOGICAUENVIRONMENTAL LAND PLANNING LANDSCAPE ARCHITECTURE LAND USE ANALYSIS ECOPLAN RATE SCHEDULE Hourly Rate Daily Rate (Travel) President $200.00/hour $2000 per day Principal $ 160.00/hour $1600 per day Senior Associate $ 120.00/hour $1200 per day Associate $100.00/hour $1000 per day Design Staff $80.00/hour N/A Drafting $70.00/hour N/A Intern / Clerical $50.00/hour N/A Expert Witness $250.00/hour N/A Acceptance of Rate Schedule: Date: - I Preview Page 1 of I City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax MEMORANDUM TO: The Honorable Mayor and City Commission FROM: Hans Ottinot, City Attorney DATE: 2/16/2012 RE: Approving the Agreements to Retain the Services of Consultants for Acquisition of the Submerged Land RECOMMENDATION: The Resolution is presented for your consideration. REASONS: The City is required under the law to prepare certain due diligence reports before acquiring the submerged land. As such,the City will need qualified experts to prepare such reports. The consultants will provide analysis of the submerged land to determine possible environmental impacts and mitigation requirements from regulatory agencies. The consultants will provide written and testimonial reports to substantiate the value and purpose of the acquisition of the submerged land for the construction of the emergency bridge. ATTACHMENTS: . Resolution http://sibagenda.sibfl.net/agenda/Preview.aspx?ItemID=713&MeetingID=0&MeetingDate=... 2/9/2012