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HomeMy WebLinkAbout25068AGREEMENT INFORMATION AGREEMENT NUMBER 25068 NAME/TYPE OF AGREEMENT ADLER DEVELOPMENT MANAGER, LLC & CAPITO AIRSPACE GROUP, LLC/ DESCRIPTION ACKNOWLEDGMENT OF CONSENT/FREEDOM PARK ADMINISTRATION BUILDING & PARKING GARAGE/MATTER ID: 24-1555 EFFECTIVE DATE July 8, 2024 ATTESTED BY TODD B. HANNON ATTESTED DATE 7/8/2024 DATE RECEIVED FROM ISSUING DEPT. 7/8/2024 NOTE DOCUSIGN AGREEMENT BY EMAIL CITY OF MIAMI DOCUMENT ROUTING FORM ORIGINATING DEPARTMENT: Real Estate and Asset Management DEPT. CONTACT PERSON: Hannah Manzo EXT. 1471 NAME OF OTHER CONTRACTUAL PARTY/ENTITY: Agreements for Subconsultants of Adler for New City Administrative Building -Capitol Airspace Group IS THIS AGREEMENT A RESULT OF A COMPETITIVE PROCUREMENT PROCESS? ❑ YES ® NO TOTAL CONTRACT AMOUNT: N/A FUNDING INVOLVED? ® YES ❑ NO TYPE OF AGREEMENT: ❑ MANAGEMENT AGREEMENT ❑ PROFESSIONAL SERVICES AGREEMENT ❑ GRANT AGREEMENT ❑ EXPERT CONSULTANT AGREEMENT ❑ LICENSE AGREEMENT OTHER: Professional Services Agreement ❑ PUBLIC WORKS AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ INTER -LOCAL AGREEMENT ❑ LEASE AGREEMENT ❑ PURCHASE OR SALE AGREEMENT PURPOSE OF ITEM (BRIEF SUMMARY): Approval of the Agreement between Adler and Capitol Airspace Group per the DCMA with Adler COMMISSION APPROVAL DATE: 12/14/23 FILE ID: 15141 ENACTMENT NO.: R-23-0547 IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN: ROUTING INFORMATION Date PLEASE PRINT AND SIGN APPROVAL BY DEPARTMENTAL DIRECTOR (DREAM) June 27, 2024 IP 09: 50 36 REW W. FREY SIGNATURE: A^ „, _ SUBMITTED TO RISK MANAGEMENT June 27, 2024 RiNT NN 1P 10:31A27 DT RIE SHARPE SIGNATURE: rou,k GowUy SUBMITTED TO ASSITANT CITY ATTORNEY Matter ID#24-1555 June 27, 2024 IPF ? oI II0-IBRAKO INTIAL: r� l'5 SUBMITTED TO CITY ATTORNEY June 27, 2024 PRINT: GEORGE K. WYSONG III I 17:27:46 EDT SIGNATURE: C rt 1,!so'^2 u< APPROVAL BY ASSISTANT CITY MANAGER / CFO July 5, 2024 PRINT: LARRY SPRING 13:21:26 EDT SIGNATURE: (n2SP"4 RECEIVED BY CITY MANAGER July 7, 2024 I PRINT: ARTHUR NORIEGA V. 12:33:34 EDT SIGNATURE: a Nohry, ATTESTED BY CITY CLERK July 8, 2024 P14RII�T�.00pIANNON —sn: SIGNATURE: ---- PLEASE ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THAT REQUIRE EXECUTION BY THE CITY MANAGER ACKNOWLEDGMENT AND CONSENT The undersigned, CITY OF MIAMI, a municipal corporation of the State of Florida (the "City"), hereby acknowledges receipt of a copy of the executed version of that certain FAA Technical Consulting Services Agreement ("City Project Agreement"), to be entered into by and between Adler Development Manager LLC, a Florida limited liability company ("Adler"), and Capitol Airspace Group, LLC a copy of the City Project Agreement is attached to this Acknowledgement and Consent as Exhibit "A". The City hereby agrees and confirms that the City has reviewed, acknowledged and hereby consents to Adler's entering into such City Project Agreement for the benefit of the City in connection with the design, development and construction of the City's new administration building. This Acknowledgment and Consent has been executed as of the day of July 8 ,2024 CITY: CITY OF MIAMI, a municipal corporation of the State of Florida By: DocuSigned by: gritur Novi 850CF6C372DD42A... Arthur Noriega V City Manager ATTEST: DocuSigned by: By: E$681756IICJDF17.59... Todd B Hannon, City Clerk ACTIVE 683271317v2 �— DocuSigned by: APPROVED AS TO LEGAL FORM AND CORRECTNESS: By: oocuSign. by: Gur f, Misowd 111 George K. Wysong III City Attorney l J� ACTIVE 683271317v2 7tAnfatc‘Ot �"i Capitol Airspace Group 6350 Walker Lane, Suite 450 703-256-2485 Alexandria, VA 22310 capitolairspace.com Consulting Agreement for Freedom Park Administration Building and Parking Garage The following agreement is delivered by Capitol Airspace Group to provide technical consulting services to Adler Development Manager, LLC. The name for this project, for the purpose of this agreement, is Freedom Park Administration Building and Parking Garage. This project is located in Miami, Florida. The address for Adler Development Manager, LLC is: 3800 NE 1st Avenue, Suite 300, Miami, FL 33137. The primary points of contact for this project are as follows: For Capitol Airspace Group: Donald Clemons 6350 Walker Lane Suite 450 Alexandria, VA 22310 (703) 256-2485 don.clemons@capitolairspace.com Terms and Conditions For Adler Development Manager, LLC: Tim Sterling 3800 NE 1st Avenue Suite 300 Miami, FL 33137 (305) 392-4018 tsterlinq@adlerdevelopment.net Capitol Airspace Group shall provide technical consulting services as described in the statement of work below to Adler Development Manager, LLC beginning on June 12, 2024. This agreement expires on June 11, 2025 and is subject to cancellation. Capitol Airspace Group will immediately discontinue all work upon the verbal request of Adler Development Manager, LLC and will not incur additional fees or expenses as a result of such a request. Itemized statements of time, expenses and fixed fee amounts will be provided. Copies of receipts for all expenses in excess of $25 will be provided. Invoices for expenses may be submitted prior to the end of the billing cycle if they exceed $500. Invoices will be delivered via e-mail to the point of contact listed above. Payments for monthly invoices are expected to be received in full within 30 days of the invoice date. Best Efforts and Indemnification Adler Development Manager, LLC recognizes that although Capitol Airspace Group will use its best efforts to provide technical consulting services under this Consulting Agreement, Capitol Airspace Group makes no representations that any data, information, or other technical consulting advice provided to Adler Development Manager, LLC will be approved by the Federal Aviation Administration (FAA). Page 1 of 4 'r1"7tAnftt tc‘OCA Capitol Airspace Group 6350 Walker Lane, Suite 450 703-256-2485 Alexandria, VA 22310 capitolairspace.com Further, Adler Development Manager, LLC recognizes Capitol Airspace Group's best efforts and hereby indemnifies and holds harmless Capitol Airspace Group, or any of its employees, owners, investors, or heirs and assigns from any claim, damage, lawsuit, action, complaint, or other costs arising out of the technical consulting services provided by Capitol Airspace Group as contemplated in this Consulting Agreement, except for fraud, gross negligence, or an intentional material breach of this Consulting Agreement. Solicitation for Employment The parties agree that neither party and their associated entities or their employees will employ or approach for employment, the employees, or ex -employees of the other party, during the term and for a minimum period of one year following the termination of this agreement. Suspension & Termination Capitol Airspace Group shall have the right to suspend, terminate or discontinue work, at its own discretion, in the event of non-payment of undisputed invoices, 60 days overdue, provided that Adler Development Manager, LLC has been given written notice of said default and given fourteen (14) days to cure said default, prior to suspension or termination of services. Statement of Work Capitol Airspace Group will provide the following work under this contract. Each task will only be initiated upon approval from Adler Development Manager, LLC. Coordination and Advocacy, As Needed 1) Based on project boundary, conduct preliminary screening to determine proximity to known Federal Aviation Administration (FAA) and Department of Defense (DoD) assets and airspace. This screening does not replace the due diligence completed in an obstruction evaluation and airspace analysis. For example, this does not consider the potential to have an adverse effect on planned airports, or air traffic operations, visual flight rules (VFR) en route operations, or minimum vectoring altitudes (MVA). 2) Coordinate with Adler Development Manager, LLC the data and information necessary to submit and track National Telecommunication and Information Administration (NTIA) review, as necessary. 3) Coordinate with Adler Development Manager, LLC the data and information required for submitting cases (using FAA Form 7460-1) to request a FAA aeronautical study of each planned structure. Submit and track FAA filings for each planned structure. Deliver record copies of each FAA Form 7460-1 to Adler Development Manager, LLC. 4) Coordinate project status with Adler Development Manager, LLC. 5) Develop strategies and provide documentation, written briefings, and white papers, to support efforts to obtain favorable determinations of no hazard from the FAA. This may include physical and electromagnetic impact mitigation studies. Page 2 of 4 7tAnfatc‘Ot �"i Capitol Airspace Group 6350 Walker Lane, Suite 450 703-256-2485 Alexandria, VA 22310 capitolairspace.com 6) Meet with Federal, State, and local authorities to address resolution of identified airspace constraints on the project. 7) Deliver FAA determination letters to Adler Development Manager, LLC. Cost The fee for the above Statement of Work shall be billed on an hourly, time and materials basis at the rates described below, unless a flat, fixed fee is provided to Adler Development Manager, LLC. Capitol Airspace Group will not exceed $5,000 per month in hourly time and materials billing without written authorization from Adler Development Manager, LLC. Capitol Airspace Group will request written approval before incurring expenses other than those expected in the normal course of business (e.g., local mileage and parking resulting from meeting with the FAA). Adler Development Manager, LLC shall pay Capitol Airspace Group a deposit of $5,000 prior to commencement of any services. Adler Development Manager, LLC shall pay all monthly invoices throughout the duration of the project. This deposit will be held until the mutually agreed completion of the project and applied against the amount of the final invoice(s). Refund of any remaining deposit amounts will be made within 30 days of the final payment. Hourly time and materials rates will increase 5% annually, effective January 1st of each calendar year. Hourly Rates for key personnel, effective as of January lst, 2024, are as follows: Managing Consultant External Consultant Supervising Consultant Senior Consultant Consultant Specialist $470 Assistant Consultant $440 Supervising Analyst $390 Senior Analyst/Product Lead $360 Analyst 1 $330 Analyst 2 $280 Writer/Editor $200 $390 $360 $310 $330 $250 Page 3 of 4 7tAnftt tc‘OCA N11 �"i Capitol Airspace Group Please provide payment for invoices to: Capitol Airspace Group Attn: Karen Nakamura 6350 Walker Lane, Suite 450 Alexandria, VA 22310 6350 Walker Lane, Suite 450 703-256-2485 Alexandria, VA 22310 capitolairspace.com Thank you for the opportunity to provide these services to Adler Development Manager, LLC. Digitally signed by Benjamin M. Doyle DN: cn=Benjamin M. Doyle, o=Capitol Airspace Group, LLC., ou, email=ben.doyle@capit olairspace.com, c=US Date: 2024.06.12 16:10:23 -04'00' Benjamin M. Doyle President Capitol Airspace Group Date Timothy W. Sterling President of Construction Adler Development Manager, LLC Date Page 4 of 4 CAPIAIR-01 RMCDEVITT , ,d►coRO CERTIFICATE OF LIABILITY INSURANCE �� DATD/YYYY) 5/30/230/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Reese Yeatman Insurance 4704 Highland Avenue Bethesda, MD 20814 CONTACT NAME: PHONE FAX (A/c, No, Ext): (301) 657-9490 (A/C, No):(301) 657-1909 a DD RIEss: rmcdevitt@reeseyeatman.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: TRAVELERS CAS INS CO OF AMER 19046 INSURED Capitol Airspace Group, LLC 6350 Walker Lane, Suite 450 Alexandria, VA 22310 INSURERB:TRAVELERS PROP CAS CO OF AMER 25674 INSURERC:TRAVELERS IND CO OF CT 25682 INSURERD: HISCOX INS CO INC 10200 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTRINSD TYPE OF INSURANCE ADDL SUBR W VD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY X 6804T291687 6/7/2024 6/7/2025 EACH OCCURRENCE $ 2,000,000 CLAIMS -MADE X OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) 300 000 $ MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 2,000,000 GEN'L AGGREGATE POLICY OTHER: X LIMIT APPLIES PED PER: LOC GENERAL AGGREGATE $ 4,000,000 PRODUCTS-COMP/OPAGG $ 4,000,000 $ A AUTOMOBILE X LIABILITY ANY AUTO OWNED X SCHEDULED AUTOS AUUTOS ONLY 6804T291687 6/7/2024 6/7/2025 COMBINED SINGLE LIMIT (Ea accident) 2,000,000 $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ Y)AMAGE (Per accidentP) $ $ B X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE CUP4T292094 6/7/2024 6/7/2025 EACH OCCURRENCE $ 2,000,000 AGGREGATE $ DED X RETENTION $ 5,000 $ 2,000,000 C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y/N N N / A UB1J088835 6/7/2024 6/7/2025 X PER STATUTE OTH- ER E.L. EACH ACCIDENT 500,000 $ E.L. DISEASE - EA EMPLOYEE $ 500,000 E.L. DISEASE - POLICY LIMIT 500,000 $ D Errors and Omissions MPL1332543.23 6/7/2024 6/7/2025 Occ/ Agg 2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Certificate Holder, its employees, officials, instruments and Adler Development are included as Additional Insured ATIMA with respect to General Liability on a primary and noncontributory basis. The above policies shall provide the City of Miami with written notice of cancellation or material change from the insurer in accordance to policy provisions. CERTIFICATE HOLDER CANCELLATION Cityof Miami l 'raak aaavy SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ,r, c -11. � ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS: 1. WHO IS AN INSURED (SECTION II) is amended to include as an insured any person or organiza- tion (called hereafter "additional insured") whom you have agreed in a written contract, executed prior to loss, to name as additional insured, but only with respect to liability arising out of "your work" or your ongoing operations for that addi- tional insured performed by you or for you. 2. With respect to the insurance afforded to Addi- tional Insureds the following conditions apply: a. Limits of Insurance — The following limits of liability apply: 1. The limits which you agreed to provide; or 2. The limits shown on the declarations, whichever is less. b. This insurance is excess over any valid and collectible insurance unless you have agreed CG D1 05 04 94 in a written contract for this insurance to apply on a primary or contributory basis. 3. This insurance does not apply: a. on any basis to any person or organization for whom you have purchased an Owners and Contractors Protective policy. b. to "bodily injury," "property damage," "per- sonal injury," or "advertising injury" arising out of the rendering of or the failure to render any professional services by or for you, in- cluding: 1. The preparing, approving or failing to prepare or approve maps, drawings, opinions, reports, surveys, change or- ders, designs or specifications; and 2. Supervisory, inspection or engineering services. Copyright, The Travelers Indemnity Company, 1994. Page 1 of 1 Includes Copyrighted Material from Insurance Services Office, Inc. Olivera, Rosemary From: Manzo Macias, Hannah Sent: Monday, July 8, 2024 3:00 PM To: Olivera, Rosemary Cc: Hannon, Todd; Pivovarov, David; Cerrato, Julia Subject: Fully Executed CAG Acknowledgement and Consent Attachments: CAG Combine Acknowledgement and Consent.pdf Good afternoon Rosemary, I hope that all is well. Please find the fully executed CAG Acknowledgement and Consent attached. Sincerely, Hannah M. Manzo Business Systems Administrator Building City of Miami 444 SW 2 Avenue, 3 Floor, Miami, FL 33130 (305) 416-1471