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HomeMy WebLinkAbout24556AGREEMENT INFORMATION AGREEMENT NUMBER 24556 NAME/TYPE OF AGREEMENT R.J. HEISENBOTTLE ARCHITECTS, P.A. DESCRIPTION AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT/OLYMPIA THEATER 40-YEAR RECERTIFICATION REPAIRS/MATTER ID: 23-2033 EFFECTIVE DATE August 10, 2023 ATTESTED BY TODD B. HANNON ATTESTED DATE 8/10/2023 DATE RECEIVED FROM ISSUING DEPT. 8/10/2023 NOTE DOCUSIGN AGREEMENT BY EMAIL _-64 t CITY OF MIAMI DOCUMENT ROUTING FORM ORIGINATING DEPARTMENT: Department of Procurement DEPT. CONTACT PERSON: Anthony Hansen/Aimee Gandarilla EXT. 1902 NAME OF OTHER CONTRACTUAL PARTY/ENTITY: R.J. Heisenbottle Architects, P.A. IS THIS AGREEMENT AS A RESULT OF A COMPETITIVE PROCUREMENT PROCESS? ❑ YES ■❑ NO TOTAL CONTRACT AMOUNT: $2,430,400.12 FUNDING INVOLVED? ❑■ YES ❑ NO TYPE OF AGREEMENT: ❑ MANAGEMENT AGREEMENT ❑ PUBLIC WORKS AGREEMENT ❑■ PROFESSIONAL SERVICES AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GRANT AGREEMENT ❑ INTER -LOCAL AGREEMENT ❑ EXPERT CONSULTANT AGREEMENT ❑ LEASE AGREEMENT ❑ LICENSE AGREEMENT ❑ PURCHASE OR SALE AGREEMENT OTHER: (PLEASE SPECIFY) PURPOSE OF ITEM (BRIEF SUMMARY) Amendment No. 2 to the Professional Services Agreement between the of Miami. Florida and R.J. Heisenbottle Architects. P.A. for the Olvmpia Theater 40- vear Recertification Repairs COMMISSION APPROVAL DATE: N/A FILE ID: N/A ENACTMENT NO.: N/A IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN: Procurement through Emergency Declaration on Olympia Theater, dated 7/2/2023, pursuant to Section 18-90 of the Procurement Code, and Sections 255.20 (1)(c)(1)(a) and 287.055 of Florida Statutes. ROUTING INFORMATION Date Signature/Print APPROVAL BY DEPARTMENTAL DIRECTOR August 3, 2023AEtt .';AH3 EDT °s Reviewed by FVP. OK to proceed. + _ A E_ Ann -Marie Sharpe SUBMITTED TO RISK MANAGEMENT August 3, 202 J_ 1.2.:10:16 EDT fig, c h SUBMITTED TO CITY ATTORNEY August 7, 202 Victoria Mendez Ip18:31:15 EDT Matter ID No. 23-2033� Marie Gouin APPROVAL BY BUDGET OFFICE August 8, 2023 uqn!„ 8:46 EDT APPROVAL BY ASSISTANT CITY MANAGER August 8, 2023 Larry Spring �?,G 3 1 EDT -rear„a Nzeribe Ihekwaba APPROVAL BY DEPUTY CITY MANAGER August 8, 202 I 09:46:17 EDT Arthur Noriega V RECEIVED BY CITY MANAGER August 9, 202 '° 0° &:01:03 EDT �8>OGe.iiifPdT.. SUBMITTED TO AND ATTESTED BY CITY August 10, 20 Todd Hannon 3 10 09:39:51 EDT CLERK 1) ONE ORIGINAL TO CITY CLERK 2) ONE COPY TO CITY ATTORNEY'S OFFICE 3) REMAINING ORIGINAL(S) TO ORIGINATING DEPARTMENT PLEASE ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THAT REQUIRE EXECUTION BY THE CITY MANAGER PR 23-2033 AMENDMENT OVERVIEW PSA TITLE: Amendment No. 2 to the Professional Services Agreement between the City of Miami, Florida and R.J. Heisenbottle Architects, P.A. for the Olympia Theater 40- year Recertification Repairs. 1. AWARD DELEGATED AUTHORITY: ❑ Chief Procurement Officer - Authority level of ® City Manager - Authority level per Emergency Declaration 7/2/2023 ❑ City Commission - RESOLUTION No. 2. PROCUREMENT METHOD: ❑ RFP/Q ❑ ITB ❑ SOLE SOURCE ❑ PIGGY -BACK ❑ PROFESSIONAL SERVICES UNDER $25,000 ® OTHER (Please explain): Procurement through Emergency Declaration on Olympia Theater, dated 7/2/2023, pursuant to Section 18-90 of the Procurement Code, and Sections 255.20 (1)(c)(1)(a) and 287.055 of Florida Statutes. 3. IF THIS IS AN AMENDMENT, WHAT IS THE NUMBER OF THE AMENDMENT AND WHAT DOES THIS AMENDMENT DO (INCREASE CAPACITY, CHANGE IN TERMS, ETC) BE SPECIFIC. Amendment No. 2 to increase capacity of the agreement by $45,169.52 for a total not -to -exceed contract value of $2,430,400.12. 4. WAS THE AMENDMENT APPROVED BY THE CITY COMMISSION? ❑ YES ❑ No ❑X N/A IF YES, WHAT IS THE RESOLUTION NUMBER? 5. WHAT IS THE SCOPE OF SERVICES? The Consultant shall provide monthly visual facade inspections to the Olympia Apartments and Theater Building for 12 months. 6. IF CITYWIDE, WHAT ARE THE MOST FREQUENT USER DEPARTMENTS? Office of Capital Improvements and DREAM 7. IS THE AWARDEE THE INCUMBENT? N/A 8. IS THE PRICING HIGHER, LOWER OR THE SAME AS THE CURRENT CONTRACT? N/A 9. WHEN DOES THE CURRENT CONTRACT EXPIRE? One (1) year from contract execution date of May 31, 2022 with two (2) one (1) year options to renew 10. WHAT WAS THE PREVIOUS SPEND ON THE CURRENT CONTRACT? $2,385,230.60 11.WHAT IS THE METHOD OF AWARD (Group, Item by Item etc.)? Emergency Declaration on Olympia Theater, dated 7/2/2023. 12.SUNBIZ: Is the Firm(s) a Florida Registered Corporation or a Foreign Corporation (not from Florida)? R.J. Heisenbottle Architects, P.A. — Florida Profit Corporation CITY OF MIAMI DEPARTMENT OF REAL ESTATE AND ASSET MANAGEMENT AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES AGREEMENT WITH R.J. HEISENBOTTLE ARCHITECTS, P.A. FOR OLYMPIA THEATER 40-YEAR RECERTIFICATION REPAIRS This Amendment No. 2 to the Professional Services Agreement dated May 31, 2022 (the "Agreement") between the City of Miami, a municipal corporation of the State of Florida ("City"), and R.J. Heisenbottle Architects, P.A. ("Consultant"), a Florida Corporation, for the provision of the Olympia Theater 40-Year Recertification Repairs ("Services") for the Department of Real Estate and Asset Management ("DREAM") is entered into this lotday of august , 2023. RECITALS WHEREAS, pursuant to the City of Miami ("City") Procurement Code Section 18-72, 18- 73, and 18-116, the City Manager executed a Professional Services Agreement with Consultant for an amount not -to -exceed $795,195.54; and WHEREAS, pursuant to Amendment No. 1 dated April 19, 2023, the Agreement was increased to an amount not -to -exceed $2,385,230.60; and WHEREAS, the current Compensation Limit is insufficient to address the costs associated with required monthly visual fagade inspections to the Olympia Apartment and Theater Building for twelve (12) months; and WHEREAS, it is in the best interest of the City to increase the existing capacity of the Agreement to protect the safety of its citizens and users; and WHEREAS, this Amendment No. 2 to the Agreement increases the existing capacity of the Agreement by $45,169.52, from $2,385,230.60 to an amount not -to -exceed $2,430,400.12. NOW THEREFORE, in consideration of the foregoing, the parties hereby amend the Agreement as follows: Section 3. Remuneration, Audit and Inspection. A. The Consultant shall receive Two Million Four Hundred Thirty Thousand Four Hundred Dollars and Twelve Cents ($2,430,400.12) for the Services specified herein Exhibit "B." The City, as it may deem in its best interest, reserves the right to request additional related services to be provided by the Consultant. Any additional Services in excess, shall be negotiated and pre -approved in writing by the City Manager, or designee, prior to the Services being rendered. The Consultant will invoice the City monthly. The amount of each invoice will be based upon the Consultants estimated percentage of completion for each task, as enumerated in Exhibit "B." All other terms and conditions of the Agreement are in operative force and effect and remain unchanged. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Amendment No. 2 to the Professional Services Agreement with R.J. Heisenbottle Architects, P.A. for Olympia Theater 40-Year Recertification Repairs IN WITNESS WHEREOF, the parties have executed this Amendment as of the day and year first above written. WITNESS/ATTEST: R.J. Heisenbottle Architects, P.A., a Florida Corporation Signature 0_6gn=:1tLure Ricardo Lopez, Principal Print Name, Title sultant Secre a - D. Lave (Affirm Consultant Seal, if available) ATTEST: Richard 1. Heisenbottle FAIR President Print Name, Title of Authorized Officer or Manager (Corporate Seal) CITY OF MIAMI, a municipal corporation of the State of Florida DocuSigned by: Todd B. Hannon, City Clerk Arthur Noriega V, City Manager APPROVED AS TO INSURANCE REQUIREMENTS: APPROVED AS TO LEGAL FORM AND CORRECTNESS: aey Ann Marie -Sharpe, Director Victoria Mendez, City Attorney (Matter 23-2033) Risk Management Department Amendment No. 2 to the Professional Services Agreement with R.J. Heisenbottle Architects, P.A. for Olympia Theater 40-Year Recertification Repairs CERTIFICATE OF AUTHORITY (IF CORPORATION OR LLC) I HEREBY CERTIFY that at a meeting of the Board of Directors of R.I- Heisenbottle Architects. P.A. , a corporation organized and existing under the laws of the State of Florida , held on the lath day of March , 19 87 a resolution was duly passed and adopted authorizing (Name)Richard Heisenbottle (Title) President of the corporation to execute agreements on behalf of the corporation and providing that their execution thereof, attested by the secretary of the corporation, shall be the official act and deed of the corporation. I further certify that said resolution remains in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this 2nd day of August 20_. Secreta Print: Eddie D. Law CERTIFICATE OF AUTHORITY (IF PARTNERSHIP) I HEREBY CERTIFY that at a meeting of the Board of Directors of , a partnership organized and existing under the laws of the State of held on the day of , 20_, a resolution was duly passed and adopted authorizing (Name) as (Title) of the partnership to execute agreements on behalf of the partnership and provides that their execution thereof, attested by a partner, shall be the official act and deed of the partnership. l further certify that said partnership agreement remains in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this , day of 20 Partner: Print: Names and addresses of partners. Name Street Address city State Zip Amendment No. 2 to the Professional Services Agreement with R.J. Heisenbottle Architects, P.A. for Olympia Theater 40-'Year Recertification Repairs CERTIFICATE OF AUTHORITY (IF JOINT VENTURE) Joint ventures must submit a joint venture agreement indicating that the person signing this Agreement is authorized to sign documents on behalf of the joint venture. If there is no joint venture agreement, each member of the joint venture must sign this Agreement and submit the appropriate Certificate of Authority (corporate, partnership, or individual). CERTIFICATE OF AUTHORITY (IF INDIVIDUAL) I HEREBY CERTIFY that, I (Name) individually and doing business as (dlbla) (If Applicable) have executed and am bound by the terms of the Agreement to which this attestation is attached. IN WITNESS WHEREOF, I have hereunto set my hand this day of 20 Signed: Print: STATE OF Florida NOTARIZATION ) SS: COUNTY OF Miami -Dade ) The foregoing instrument was acknowledged before me this 2nd day of August 20_23, by Eddie D. Law who i ersonally known to me or who has produced as identification and who did did not) ta#ce an oath. -7�Z- - - J,- Z:�4?� S�OATURE OF N A PUBLIC STATE OF FLORI Ricardo Lopez PRINTED, STAMPED OR TYPED NAME OF NOTARY PUBLIC RICARDO LOPEZ r° • �': Notary Public - State of Florida � K Commission A HH 363641 . 'arsti My Comm. Expires Feb 18, 2027 3onded through National Notary Assn. DocuSign Envelope ID: 52D87473-0066-4A27-A3FE-600F5E6058F7 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM Arthur Noriega V DATE: June 26, 2023 City Manager D S'g d by_ Andrew FreCAA� w. FRr SUBJECT: Olympia Theater Supplement Director 9AB676E0CF1B4C6 No. 2 to Emergency Memo Department of Real Estate and Asset Management ("DREAM") D Sg dby Hector Badia ENCLOSURES: Emergency Memo and Interim Direct 1IIACABI162511B___ Supplement No. 1 to Office of Capital Improvements ("OCI") Emergency Memo BACKGROUND The Olympia Theater and the Olympia Apartments are co -located in a building at the southwest corner of NE 2nd Avenue and East Flagler Street. It is a building on the National Register of Historic Places and has been owned by the City of Miami since 1975. The vintage 1920s high-rise building is steel framed and clad in brick masonry and terra cotta. The Olympia Apartments building is ten (10) stories in height, while the Theatre is an equivalent four (4) stories in height attached to the north elevation of the Olympia Apartments. The building is recognized for needing major capital needs and urgent structural and electrical repairs identified during its 40/50-year recertification process, including the major issues with the exterior brick fagade. These repairs include, but are not limited to: 1. A/E design/solicitation/inspection needed for building recertification and stabilization, to include but not be limited to: • Monthly Fagade Inspections by Structural Engineer; and • Monthly shoring inspections by Contractor and Shoring Engineer; and • Quarterly shoring adjustment onsite work; and • Biannual structural and electrical inspections for recertification status by Structural Engineer; and • Structural drawings for impact windows; and • Exploratory work for exterior and interior design. 2. A/E design/solicitation/inspection needed for building health, human safety items, to include but not be limited to: DocuSign Envelope ID: 52D87473-0066-4A27-A3FE-600F5E6058F7 Perimeter Scaffolding for pedestrian protection (purchase or monthly rental) and maintenance. 3. A/E design/solicitation/inspection needed to maintain the ongoing operations and maintenance of equipment and systems to prevent loss of use, to include but not be limited to: Required maintenance or rentals to keep the interior environment adequate for a historic structure. 4. Any other procurements needed to obtain building permits, contractors, vendor agreements for construction, repairs, equipment replacement, and upgrades, to include but not be limited to: • Cooling tower tank repairs. Pursuant to the City Manager' s emergency finding, which finds that a valid public emergency to the Olympia Theater and Olympia Apartment building, it is most advantageous for the City to waive the competitive sealed bidding procedures pursuant to F.S. 255.20(1)(c)(1), constitute a danger to the public health or safety. In addition, it is not feasible for the City to proceed with the procurement process outlined in F.S. 287.055. The process will delay the vital repairs to the facility and potential loss of revenue and funding at the Olympia. F.S. 287.055, CCNA, does however permit exemptions to these requirements in emergency situations, as stated in Section 3(a)1 entitled "Public Announcement and Qualifications Procedures". The City Manager as "Agency Head" may declare an emergency. Accordingly, DREAM and OCI respectfully request your approval to waive the competitive sealed bidding process for the provision of design and construction services, and any other purchases needed to repair the facility and get the recertification completed. A bi-monthly report will be submitted to the City Commission describing the projects/inspections/purchases made under this emergency until the 40/50 recertification process has been completed. CITY MANAGER: agyiL, o Arthur Noriega V DIRECTOR/CHIEF PROCUEMENT OFFICER DEPARTMENT OF PROCUREMENT: � Annie Perez, CPPO ® APPROVED ❑ DISAPPROVED DATE: July 2, 2023 1 19:01:46 EDT ® APPROVED ❑ DISAPPROVED DATE: Tune 27, 2023 1 12:41:50 EDT DocuSign Envelope ID: 52D87473-0066-4A27-A3FE-600F5E6058F7 Additional certification required for emergency purchases greater than $25,000 DIRECTOR, OFFICE OF BUDGET AND M 1 certify that the funds to cover this MANAGEMENT: emergency purchase are available. LDATE: June 30, 2023 1 09:41:57 EDT 5Rf63TT.P..P993 Marie ("Maggie") Gouin c: Nzeribe Ihekwaba, PhD, PE, Deputy City Manager Larry Spring, CPA, Assistant City Manager/Chief Financial Officer Pablo R. Velez, Sr. Assistant City Attorney, Office of the City Attorney Fernando V. Ponassi, MA Arch., MA PPA, LEED AP, Assistant Director, Procurement June 2, 2023 Mr. Hector Badia, Assistant Director City of Miami Capital Improvements & Transportation Program 444. S.W. 2nd Avenue, 8th Floor Miami, FL 33130 2199 PONCE Re: Revised Additional Services Fee Proposal for Visual Facade Inspections DELEON to the Olympia Apartments and Theater Building BOULEVARD 174 Flagler Street, Miami, FL SUITE 400 CORAL GABLES FLORIDA Dear Mr. Badia, 33134 305-446-7799 R.J. Heisenbottle Architects, P.A. (RJHA) (Consultant) is pleased to submit this revised 305-446-9275 FAX additional service fee proposal to provide Monthly Visual Fagade Inspections to the HEi5EN601TLE Olympia Apartments and Theater Building. The City of Miami has previously engaged RJRJHA through its Professional Services Agreement Project B-70100 Olympia Theater A R C H I T E C T 5 Restoration and the terms and conditions of this additional service shall be those as set forth therein. It is our understanding that per City of Miami Building Department requirements the City of Miami now wishes our structural engineering consultant, Wiss, Janney, Elstner, Associates (WJE) to conduct monthly visual inspections of the condition of the fagade and temporary stabilization measures recently completed by MARK1 per WJE instruction. RJHA will again engage WJE as specialty structural engineering consultant to provide these monthly visual inspections of the masonry fagade. Description of the Project The historic Olympia Apartments and Olympia Theatre (formerly the Gusman Center for Performing Arts) was constructed in 1925 and opened in 1926. The vintage 1920s high- rise building is steel framed and clad in brick masonry and terra cotta. The Olympia Apartment building is ten stories in height, while the Theatre is an equivalent four stories in height attached to the south elevation of the Olympia Apartments. The ten -story Olympia Apartment building is currently used as a residential apartment building while the theatre remains in operation today. The aforementioned temporary stabilization measures by MARK1 and WJE were implemented to allow short term removal of the existing protective sidewalk canopy along Flagler Street during the ongoing streetscape renovation project only. WJE issued a report dated July 19, 2022 which summarized their assessment findings, it included recommendations to reinstall the sidewalk canopy along Flagler Street as soon as www.rjha.ne[ A Professional Association possible, maintaining the sidewalk canopy along SE 2nd Avenue, and replacing the AAC001513 sidewalk canopy in front of the Theater facade with a heavy-duty protective canopy with side walls (similar to the canopies along the Apartments facade. The recommendations to reinstall, as soon as possible, the sidewalk canopies for reasons of public safety remain. It should also be noted that RJHA and ME are currently developing long-term restoration drawings and specifications for the Olympia anticipated to begin construction in 2023/2024. Scope of Additional Services Monthly Visual Facade Inspections — Estimated Duration 12 Months 1. Attend a virtual project kick-off meeting/pre-assessment meeting. 2. Review available construction documents (e.g., original drawings and specifications) related to the existing enclosure construction. This includes review of past ME temporary stabilization documents and condition assessment reports. 3. Update elevation drawings of the building which will be used in locating previously identified facade distress conditions during inspections. 4. ME will perform an initial visual inspection to review the condition of the masonry facade and previously implemented temporary stabilization measures. The intent of this inspection is to determine if conditions have worsened to the level where temporary stabilization measures are no longer intact and identifying distress conditions that have worsened or developed outside of the wall areas that are currently temporarily stabilized. A two-day effort is anticipated for this task, including travel time. The initial site visit will include staff from RJHA and Northbrook office ME individuals that were involved with the 2022 assessment as well as ME local office staff in South Florida so that future inspections can be performed locally. 5. ME will perform visual facade inspections each month for the next year (eleven inspections total). These inspections will be performed by local RJHA and ME staff. This task includes time for internal coordination during and after the inspections. 6. ME will prepare letters following each visual inspection to include a summary of general findings during the inspections. 7. RJHA and ME will attend necessary virtual meetings to coordinate project team site access and assessment. LIMITATIONS OF THE VISUAL FACADE INSPECTION Because of the variability in physical properties of materials used for exterior walls and the limitations on detecting concealed internal distress, a visual facade inspection may not identify all deteriorated or distressed conditions or unsafe and imminently hazardous conditions in the walls that are not visible from the exterior. Furthermore, a limited portion of the exterior facade can be observed via visual and binocular inspection from grade level. Therefore, the visual facade inspection and the submittal of a report are not a representation that all deteriorated and distress conditions have been identified. ADDITIONAL SERVICE FEE BREAKDOWN Our Lump Sum Fees for the performance of the "Scope of Additional Services" outlined above shall be as follows: R.J. Heisenbottle Architects, P.A. Fee Our fee for the above referenced "Scope of Additional Services" outlined above will be a Lump Sum Fixed Fee for administration and coordination of the work will be a fixed fee in the amount of $ 6,328.93 See City of Miami Work Order Fee Calculation Forms Attached. Wiss, Janney, Elstner Associates, Inc. Fee The Lump Sum Fixed Fee for the performance of the "Scope of Additional Services" outlined above shall be in the amount of $ 38,840.59 See City of Miami Work Order Fee Calculation Forms Attached. Note: Fees include 10% RJHA Overhead & Profit Factor TOTAL ADDITIONAL SERVICE FEE $ 45,169.52 RJHA will work closely with City staff and WJE and utilize our best efforts to complete the Monthly Visual Facade Inspections Additional Services in the most effective and productive way to comply with the Building Department request. We will start work on this assignment immediately upon receipt of your written authorization to proceed and issuance of a Purchase Order. Thank you once again for the opportunity to be of service. Sincerely yours, R.J. HEISENBOTTLE ARCHITECTS, P.A. Richard J Digitally signed byRichard J Heisenbottle Heisenbottle Date: 2023.06.02 18:49:50 -04'00' Richard J. Heisenbottle, FAIA President Digitally signed by Badia, Hector Date: 2023.06.26 16:06:55-04'00' Acceptance and Authorization to Proceed Date Hector Badia, Interim Director OCI Please Print Authorized Representatives Name and Title ESTIMATE OF WORK EFFORT AND COST -PRIME CONSULTANT Project: Olympia Theater Restoration Project No.: B- 70100 Description: Additional Services -Monthly Visual Facade Inspections STAFF CLASSIFICATION Consultant Name: Richard J Heisenbottle Architects, P.A. Contract No.: Date: 6/2/2023 Estimator: Richard J Heisenbottle , Principal Job Classification Staff Applicable Rate Position 1 R Heisenbottle Rate: $77.00 Position 2 Juan Alcala Rate: $77.00 Position 3 Benjamin Cross Rate: $58.00 Position 4 Ansel Blanco Rate: $58.00 Position 5 Maria Carvajal Rate: $46.75 Position 6 Stephanie Michell Rate: $41.59 Position 7 Rosa L—do Rate: $20.00 Staff Hours By Salary Cost By Average Rate Per Work Activity Man hours Cost/Activity Man hours Cost/Activity Man hours Cost/Ac[ivity Man hours Cost/Activity Man hours Cost/Ac[ivity Man hours Cost/Activity Man hours Cost/Activity Activity Activity Task 1 Architecture 2 Project Administration 4 $308 6 $250 10 $558 $55.75 3 Meeting w City Staff & WJE (3 Anticipated) 9 $693 9 $374 18 $1,067 $59.30 4 Consultant Coordination w/ WJE (12 Months) 4 $308 6 $250 10 $558 $55.75 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Total Staff Hours 17 1 1 1 1 1 1 1 1 1 1 21 1 1 1 1 38 Total Staff Cost 1 $1,309.00 1 1 1 1 1 1 1 1 1 1 $873.39 1 1 1 1 $2,18239 1 $57A3 rotal %of Work by Position 44.7 ESTIMATE OF SURVEY CREW COSTS _3-man Survey Crew: crew days at /day = $ 4 - man Survey Crew: crew days at / day = $ - Notes: 1. This sheet is to be used by Pnme Consultant to calculate the Grand Total Fee. 2. Manually enter fee from each subconsultant. Unused subconsultant rows may be hidden 3. The basis for work activity descnptions shall be the FICE/FDOT Standard Scope and Staff Hour Estimation Handbook. City of Miami, C I.P Form 117: ­ 9115198 55.3 1 -SUBTOTAL ESTIMATED FEE: (multiplier 2.9) $6,328.93 Subconsultant: Sub 1 Subconsultant: Sub2 Subconsultant: Sub3 Subconsultant: Sub4 Subconsultant: Sub 2 -SUBTOTAL ESTIMATED FEE: $6,328.93 Geotechnical Field and Lab Testing: Survey Fee (or Survey Crew Fee): $ Other Misc. Fee: Rounding 3 - SUBTOTAL ESTIMATED FEE: ;6;328.93 Additional Services (Allowance) Reimbursables (Allowance) 56,328.93 GRAND TOTAL ESTIMATED FEE: WJE June 2, 2023 R.J. Heisenbottle Architects, PA 2199 Ponce de Leon Boulevard, Suite 400 Coral Gables, Florida 33134 Wiss, Janney, Elstner Associates, Inc. 330 Pfingsten Road Northbrook, Illinois 60062 847.272.7400 tel www.wje.com Revised Proposal for Monthly Visual Facade Inspections (111) Olympia Apartments and Olympia Theater 174 East Flagler Street Miami, Florida WJE No. 2021.8749.1 Dear Mr. Heisenbottle: Per your request, Wiss, Janney, Elstner, Associates, Inc. (WJE) has prepared this revised proposal for professional architectural/engineering services related to performing a series of visual inspections of the masonry facade at the Olympia Apartments and Olympia Theater (Olympia), located at 174 Flagler Street in Miami, Florida. Note that this revised proposal (R1) supersedes our proposal dated May 23, 2023. As you are aware, WJE performed a close-up assessment of the Olympia facade in 2022 with the purpose of identifying unstable conditions that required temporary stabilization measures. Mark 1 Restoration (Mark 1) provided access for this assessment and installed temporary stabilization at unsafe facade areas identified by WJE. Note that the temporary stabilization measures were implemented to allow short term removal of the existing protective sidewalk canopy along Flagler Street during the ongoing streetscape renovation project only. WJE issued a report dated July 19, 2022 that summarized our findings from the assessment, which included recommendations for reinstalling the canopy along Flagler Street as soon as possible, maintaining the canopy along SE 2nd Avenue, and replacing the canopy in front of the Theater facade with a heavy-duty protective canopy with side walls (similar to the canopies along the Apartments facade. WJE also recommended engaging a qualified architect/engineer to perform visual inspections of facade and installed temporary stabilization measures when canopies were not in place. To our knowledge, none of these items have been addressed. WJE is currently developing long-term restoration drawings and specifications for the Olympia for a project that is anticipated to begin construction in 2023/2024. Based on recent discussions with RJHA and the City of Miami Office of Capital Improvements (Miami OCI), we understand that OCl/RJHA requested that WJE perform monthly visual inspections of the facade and temporary stabilization measures. Below is a summary of our proposed scope of services for this task. PROPOSED SCOPE OF SERVICES 1. Document Review. Review available construction documents (e.g., original drawings and specifications, reports, survey sheets, stabilization plans) related to the existing enclosure construction Atlanta I Austin I Boston I Chicago Cleveland I Dallas I Denver Detroit I Doylestown I Honolulu I Houston Indianapolis London I Los Angeles I Milwaukee Minneapolis I New Haven Northbrook (HQ) I New York I Philadelphia Pittsburgh Portland I Princeton I Raleigh I San Antonio I San Diego I San Francisco I Seattle I South Florida I Washington, DC WJE R.J. Heisenbottle Architects, PA June 2, 2023 Page 2 and past WJE temporary stabilization documents and condition assessment reports. Update survey sheets (building elevations) for locating previously identified distress conditions during inspections. 2. Internal Coordination and Preparation. Meet internally with South Florida staff to discuss project background, confirm understanding of past investigations and stabilization of the building facades, and prepare for initial and monthly inspections. Note that our intent is to have our South Florida staff perform the monthly inspections locally (after initial inspections) to reduce overall cost; however, this will require more internal coordination prior to and during the inspection process. 3. Initial Visual Inspection. Perform an initial visual inspection to review the condition of the masonry facade and previously implemented temporary stabilization measures. The intent of this inspection is to determine if conditions have worsened to the level where temporary stabilization measures are no longer intact and identifying distress conditions that have worsened or developed outside of the wall areas that are currently temporarily stabilized. The initial site visit will include staff from our Northbrook office that was involved with the 2022 assessment and staff from our local office in South Florida so that future inspections can be performed locally. We anticipate a two-day effort for this task (two -days for Northbrook staff and one day for local staff), including travel time. 4. Monthly Visual Inspections. Perform visual facade inspections each month for the next year (eleven inspections total). These inspections will be performed locally by staff from our South Florida office. We anticipate a one -day effort for each monthly visual inspection. 5. Reports. Prepare letter reports following each of the visual inspections listed above, which will include a summary of general findings during the inspections. Based on our knowledge of the severely distressed condition of the Olympia facade, our letters will include recommendations for maintaining protective canopies along the sidewalk until long-term repairs to the facade are completed, as well as any recommendations for close-up evaluation of any conditions noted as concerning during the initial or monthly visual inspections. 6. Administration/Correspondence. Perform project administrative tasks required to complete the above referenced scope of work. This includes internal coordination and correspondence, internal meetings, and external correspondence and meetings, as required. Note that the above scope of services does not include close-up evaluation of the facade or specification of additional temporary stabilization repairs. If we observe any unsafe conditions that require close-up review and/or stabilization during our visual inspections, we will contact you immediately. LIMITATIONS OF THE VISUAL FACADE INSPECTION Because of the variability in physical properties of materials used for exterior walls and the limitations on detecting concealed internal distress, a visual facade inspection may not identify all deteriorated or distressed conditions or unsafe and imminently hazardous conditions in the walls that are not visible from the exterior. Furthermore, a limited portion of the exterior facade can be observed via visual and binocular inspection from grade level. Therefore, the visual facade inspection and the submittal of a report are not a representation that all deteriorated and distress conditions have been identified. WJER.J. Heisenbottle Architects, PA June 2, 2023 Page 3 BUDGET We propose to perform the above listed scope of services for a lump sum of $35,309.63, inclusive of reimbursable expenses. We anticipate that all of our work will be performed in accordance with our current Architect/Consultant Agreement (AIA C401) with RJHA dated April 18, 2022. If additional services are required, we will notify you and provide an updated proposal for our services. CLOSING We appreciate the opportunity to provide this proposal for our services and we hope that it meets your satisfaction. We look forward to continuing our work on this project. If you have any questions or require any further information, please call. Sincerely, WISS, JANNEY, ELSTNER ASSOCIATES, INC. Na an J. Harres, RA L) Senio ssociate/Project Manager ESTIMATE OF WORK EFFORT AND COST - PRIME CONSULTANT Consultant Name: WJE Contract No.: Project: Olympia Theater and Apartment Building Developer RFP Date: 6/2/2023 Project No.: B- Description: Services under Expert Consultant Agreement Estimator. STAFF CLASSIFICATION Job Classification Staff Applicable Rate Position 1 Brett Laureys Rate: $77.00 Position 2 Nathan Hart- Rate: $51.24 Position 3 South Florida Staff Rate: $46.57 Position 4 Associate II Rate: $35.21 Position 5 Senior Specialist Rate: $40.22 Position 6 Senior Technician Rate: $27.17 Position 7 Clerical Rate: $13.00 Staff Hours By Salary Cost By Average Rate Per Work Activity Man hours Cos[/Activity Man hours Cost/Activity Man hours Cost/Activity Man hours Cost] Activity Man hours Cost/Activity Man hours Cost/ Man hours Cost/Activity Activity Activity Task 1 Document Review 4 $308 4 $205 4 $186 12 $699 $58.27 2 Internal Coordination and Preparation 4 $308 8 $410 8 $373 20 $1,090 $54.52 3 Initial Usual Inspection 16 $820 8 $373 24 $1,192 $49.68 4 Monthly Visual Inspections 88 $4,098 88 $4,098 $46.57 5 Reports 12 $924 16 $820 30 $1,397 58 $3, 141 $54.15 6 Administration/Correspondence 8 $616 8 $410 8 $373 24 $1,398 $58.27 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Total Staff Hours 28 52 146 226 Total Staff Cost $2,156.00 $2,664.48 $6,799.22 $11,619.70 $51.41 total % of Work by Position 12.4/ 23.0 % 64.6 ESTIMATE OF SURVEY CREW COSTS _ 3 - man Survey Crew: crew days at /day = $ 4 - man Survey Crew: crew days at / day = $ - Notes: 1. This sheet is to be used by Prime Consultant to calculate the Grand Total Fee. 2. Manually enter fee from each subeonsultant. Unused wnsu bcoltant rows may be hidden 3. The basis for work activity descriptions shall be the FICE/FDOT Standard Scope and Staff Hour Estimation Handbook. Dry d Miami, C I Foam 117: Revi d9115108 1 - SUBTOTAL ESTIMATED FEE: (multiplier 2.9) $33,697.13 Subconsultant: Sub 1 Subconsultant: Sub2 Subconwltant: Sub Subconwltant: Sub4 Subconsultant: Sub5 2 - SUBTOTAL ESTIMATED FEE: $33,697.13 Geotechnical Field and Lab Testing: Survey Fee (or Survey Crew Fee): $ Other Misc. Fee: 3 - SUBTOTAL ESTIMATED FEE: $33,697.13 Additional Services (Allowance) Reimbursables (Allowance) $1,61250 $35,309.63 GRAND TOTAL ESTIMATED FEE: Olympia Theater -Expenses Visual Faoadelnsp-t— Per Diem Hotel Nghts Meals antl I—d.r .h, 1st antl Last Days-M&IE Flights Gmad Treasporlatioa (Rental Car, Gas, etc_) Parking Roaadtdp Driving Mileage from ME South Flodda Hotel Nights GSA Hotel Rate' Days GSA M&IE Flights Ain— Trips Ground Transport Mileage 1 $169 00 0 $69 90 2 $51 ]5 1 $500 1 $15000 2 $20 00 2 60 $/mile Equipment Days Cost per Day Total $ 16900 -Rak is b—d— GSA 2023 per dkmaverage per—M $ 10350 $ 50000 $ 15000 $ 24000 $0625 $ 45000 Rak is basetl on ktleml mileage reimburserrent o($0625Anik $ 1,612.50 Grand Total Expenses DocuSign Envelope ID: 31 E6FE8E-AE8D-466D-B164-97A979FF6D93 CITY OF MIAMI DEPARTMENT OF REAL ESTATE AND ASSET MANAGEMENT AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT WITH R.J. HEISENBOTTLE ARCHITECTS, P.A. FOR OLYMPIA THEATER 40-YEAR RECERTIFICATION REPAIRS This Amendment No. 1 to the Professional Services Agreement dated May 31, 2022 (the "Agreement") between the City of Miami, a municipal corporation of the State of Florida ("City"), and R.J. Heisenbottle Architects, P.A. ("Consultant"), a Florida Corporation, for the provision of the Olympia Theater 40-Year Recertification Repairs ("Services") for the Department of Real Estate and Asset Management ("DREAM") is entered into this 19day of Apri 1 2023. RECITALS WHEREAS, pursuant to the City of Miami ("City") Procurement Code Section 18-72, 18- 73, and 18-116, the City Manager executed a Professional Services Agreement with Consultant for an amount not -to -exceed $795,195.54; and WHEREAS, the current Compensation Limit is insufficient to address the costs associated with the urgent structural repairs, electrical repairs, and other capital improvements such as repair and renovation of the exterior brick fagade, windows, and marquee at the Olympia Theater; and WHEREAS, it is in the best interest of the City to increase the existing capacity of the Agreement to protect the safety of its citizens and users; and WHEREAS, this Amendment No. 1 to the Agreement increases the existing capacity of the Agreement by $1,590,035.06, from $795,195.54 to an amount not -to -exceed $2,385,230.60; and NOW THEREFORE, in consideration of the foregoing, the parties hereby amend the Agreement as follows: Section 3. Remuneration, Audit and Inspection. A. The Consultant shall receive Two Million Three Hundred Eighty -Five Thousand Two Hundred Thirty Dollars and Sixty Cents ($2,385,230.60) for the Services specified herein Exhibit "B." The City, as it may deem in its best interest, reserves the right to request additional related services to be provided by the Consultant. Any additional Services in excess, shall be negotiated and pre -approved in writing by the City Manager, or designee, prior to the Services being rendered. The Consultant will invoice the City monthly. The amount of each invoice will be based upon the Consultants estimated percentage of completion for each task, as enumerated in Exhibit "B." All other terms and conditions of the Agreement are in operative force and effect and remain unchanged. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DocuSign Envelope ID: 31 E6FE8E-AE8D-466D-B164-97A979FF6D93 Amendment No. 1 to the Professional Services Agreement with R.J. Heisenbottle Architects, P.A. for Olympia Theater 40-Year Recertification Repairs IN WITNESS WHEREOF, the parties have executed this Amendment as of the day and year first above written. WITNESSIATTEST: R.J. Helsenbottle Architects, P.A., a Florida Corporation Ricardo Lopez, Princpa4 Richard J. Heisenbottle FAIR, President Print Name, Title Print Name, Title of Authorized Officer or Manaper ATTEST: a�: nt ecretary, Eddie D. Law (Affirm Consultant Seal, if available) ATTEST: ned by: APPROVED AS TO INSURA REQUIREMENTS: DocuSigned by: ui€Z Ann Marie Sharpe, Director Risk Management Department (Corporate Seal) CITY OF MIAMI, a municipal corporation of the State of Florida DocuSig-ned by: ed ffAAXV' Wit,)A. - so,a... Arthur Noriega V, City Manager APPROVED AS TO LEGAL FORM AND CORRECTNESS: fn/f1DocuSigned by^j�/}�_�'fQ U457... Victoria Mendez, City Attorney DS (Matter 23-491) DocuSign Envelope ID: 31 E6FE8E-AE8D-466D-B164-97A979FF6D93 Amendment No. 1 to the Professional Services Agreement with R.J. Heisenbottle Architects, P.A. for Olympia Theater 40-Year Recertification Repairs CERTIFICATE OF AUTHORITY (IF CORPORATION OR LLC) 1 HEREBY CERTIFY that at a meeting of the Board of Directors of R.1. Heisenbottle Architects, P.A. , a corporation organized and existing under the laws of the State of Florida , held on theday of March , 1987a resolution was duly passed and adopted authorizing (Name) Richard Heisenbottle as (Title) President of the corporation to execute agreements on behalf of the corporation and providing that their execution thereof, attested by the secretary of the corporation, shall be the official act and deed of the corporation. I further certify that said resolution remains in full force and effect. IN WITNESS WH RE av hereunto set my hand this Lab day of February 2023 . Secret Print: E dle D. Law CERTIFICATE OF AUTHORITY (IF PARTNERSHIP) I HEREBY CERTIFY that at a meeting of the Board of Directors of , a partnership organized and existing under the laws of the State of held on the _day of , 20_, a resolution was duly passed and adopted authorizing (Name) as (Title) of the partnership to execute agreements on behalf of the partnership and provides that their execution thereof, attested by a partner, shall be the official act and deed of the partnership. I further certify that said partnership agreement remains in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this , day of , 20 Partner: Print: Names and addresses of partners: Name Street Address city State Zip DocuSign Envelope ID: 31 E6FE8E-AE8D-466D-B164-97A979FF6D93 Amendment No. t to the Professional Services Agreement with R.J. Heisenbottle Architects, P.A. for Olympia Theater 40-Year Recertification Repairs CERTIFICATE OF AUTHORITY (IF JOINT VENTURE) Joint ventures must submit a joint venture agreement indicating that the person signing this Agreement is authorized to sign documents on behalf of the joint venture. If there is no joint venture agreement, each member of the joint venture must sign this Agreement and submit the appropriate Certificate of Authority (corporate, partnership, or individual). CERTIFICATE OF AUTHORITY (IF INDIVIDUAL) I HEREBY CERTIFY that, I (Name) , individually and doing business as (dlbla) (If Applicable) have executed and am bound by the terms of the Agreement to which this attestation is attached. K61 Signed: Print: IN WITNESS WHEREOF, I have hereunto set my hand this day of NOTARIZATION STATE OF F t©f1 A—C ) y SS: COUNTY OF The foregoing instrument was acknowledged before me this 15 day of $e ►, ' r4 , 20Z, by �rt� � � � �� who is personally known to me or who has produced as identification and who (did l did not) ake an oath. SI NATURE OF NOTA Y PUBLIC STATE OF FLORIDA PRINTED, STAMPED OR TYPED NAME OF NOTARY PUBLIC DocuSign Envelope ID: 31 E6FE8E-AE8D-466D-B164-97A979FF6D93 CITY OF MIAMI DEPARTMENT OF REAL ESTATE AND ASSET MANAGEMENT PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI, FLORIDA AND R.J. HEISENBOTTLE ARCHITECTS, P.A. THIS PROFESSIONAL SERVICES AGREEMENT ("PSK or "Agreement") made this 31stday of May/ in the year 2022 by and between THE CITY OF MIAMI, FLORIDA, a Florida municipal corporation (hereinafter called the "City"), and R.J. HEISENBOTTLE ARCHITECTS, P.A., a Florida profit corporation (hereinafter called the "Consultant"), with offices at 2199 Ponce de Leon Blvd., Suite 400, Coral Gables, FL 33134. RECITAL WHEREAS, the Olympia Theater (the "Theater") and the Olympia Apartments (the "Apartments") are co -located in a building (the "Building") at the southwest corner of NE 2nd Avenue and E Flagler Street. The Building is listed on the National Register of Historic Places, and has been owned by the City since 1975; and WHEREAS, the Apartments portion is ten (10) stories in height, while the Theater portion is four (4) stories high, and attach at the north elevation of the Apartments. Currently the Apartments portion is used for residential purposes, while the Theater portion remains in operation today; and WHEREAS, this vintage 1920s high-rise Building is steel framed and clad in brick masonry and terra cotta, and is currently in need of urgent structural and electrical repairs identified during its 40/50- Year Recertification Report, as provided herein Exhibit "A", as well as other major capital improvements such as the repair and renovation of the exterior brick fagade; and WHEREAS, the current Twenty -Seven Million Dollar ($27,000,000.00) Flagler Street Renovation Project, which includes complete roadway reconstruction between Biscayne Blvd. and West 1st Avenue, will have heavy construction activities in front of the Building beginning shortly. These construction activities will produce vibrations that may further destabilize and exacerbate the existing conditions of the Building, with potential critical impact on the exterior fagade; and WHEREAS, the City has conducted temporary emergency repairs to protect the safety of its citizens and users, such as internal structural shoring, including the installation of a sidewalk shed to protect pedestrians on East Flagler Street and SW 2nd Avenue; and WHEREAS, the Consultant is specialized in terra cotta restoration, with the experience and expertise needed to perform an assessment/inspection of the fagade, and provide a written report on the methodology that will be used to properly secure and stabilize the same until repairs are possible. In addition, any pinning or removal of any terra cotta or brick pieces to prevent them from falling Page 1 of 108 DocuSign Envelope ID: 31 E6FE8E-AE8D-466D-B164-97A979FF6D93 ("Services") must also be undertaken forthwith by the Consultant until the long-term restoration can be performed; and WHEREAS, pursuant to the City Manager's emergency finding, which determined that the circumstances surrounding the Building constitute a valid public emergency, it is most advantageous for the City to waive requirements established in Section 287.055, Florida Statutes, otherwise known as the "Consultants' Competitive Negotiation Act," to select the Consultant. Said Section of the Statutes allows for exemptions to these requirements in emergency situations, as stated in Subsection (3)(a)(1), entitled "Public Announcement and Qualifications Procedures," whereby the City Manager as "Agency Head" may declare an emergency. Otherwise, the lengthy process involved would have delayed the vital stabilization of the Building, with the inherent loss of operational revenue, and would have caused increased delays and costs for the Flagler Street Renovation Project as well. WITNESSETH, that the City and the Consultant, for the considerations herein set forth, agree as follows: Section 1. Recitals and Incorporations. The foregoing recitals are true and correct and hereby incorporated into and made a part of this Agreement. Section 2. Scope of Services. The Consultant will be assigned to assist the City's Department of Real Estate and Asset Management ("DREAM"), in collaboration with the City's Office of Capital Improvements ("OCI"), or its designee, and shall perform the Services, as outlined herein Exhibit "B" (the "Project"), which is incorporated by reference and made a part of this Agreement. The Consultant represents to the City, that Consultant is now, upon execution of this Agreement, and shall at all times during the term of this Agreement remain fully qualified, competent, and capable to perform the Services under this Agreement. Section 3. Remuneration, Audit and Inspection. A. The Consultant shall receive Seven Hundred Ninety -Five Thousand One Hundred Ninety -Five Dollars and Fifty -Four Cents ($795,195.54) for the Services specified herein Exhibit "B." The City, as it may deem in its best interest, reserves the right to request additional related services to be provided by the Consultant. Any additional Services in excess, shall be negotiated and pre -approved in writing by the City Manager, or designee, prior to the Services being rendered. The Consultant will invoice the City monthly. The amount of each invoice will be based upon the Consultants estimated percentage of completion for each task, as enumerated in Exhibit "B." B. The Consultant shall not be entitled to any employment emoluments and, as such, the Consultant shall be required to complete Internal Revenue Services ("IRS") Form W-9, prior to execution of this Agreement. Further, the Consultant expressly acknowledges that Consultant, or any of its subconsultants/subcontractors, shall not acquire status, benefits, or rights as a City employee, temporary or permanent, classified or unclassified, by virtue of this Agreement. C. Unless otherwise specifically provided herein Exhibit "B", pursuant to the Florida Prompt Payment Act, payment will be made within forty-five (45) days after receipt of Consultant's invoice, which shall be accompanied by sufficient supporting documentation and contain sufficient detail, to allow proper audit of expenditures, should the City require one to be performed. D. The City may, at reasonable times, and for a period of up to three (3) years following the date of final payment by the City to the Consultant under the Agreement, audit, cause to be audited, inspect, or cause Page 2 of 108 DocuSign Envelope ID: 31 E6FE8E-AE8D-466D-B164-97A979FF6D93 to be inspected, those books and records of the Consultant which are related to Consultant's performance under the Agreement. The Consultant agrees to maintain such books and records at a location within the City for a period of three (3) years after final payment is made under the Agreement. Section 4. Term. The term of this Agreement shall take effect upon the date written above upon its execution by the authorized officers and shall be effective until final completion of the Project and final payment is made to the Consultant. The City, acting by and through its City Manager, shall have the option to extend or terminate the Agreement for convenience, that is, for any or no cause. Section 5. Termination. This Agreement may be terminated at any time at the sole discretion of the City Manager, with or without cause. In the event of termination of this Agreement for any reason with or without cause, Consultant shall not have recourse to any City Grievance or Disciplinary Procedure. In the event of termination, Consultant will be compensated for actual services rendered up to and including, date of termination. Section 6. Relationship Between Parties. A. Consultant, under the terms and conditions of this Agreement, is an independent contractor and not a City employee. As Consultant is an independent contractor, Consultant shall not be entitled to any employment emoluments. Access and use of City property shall be at the sole discretion of the City Manager. Consultant acknowledges that such access to and use of City property does not alter Consultant's status as an independent contractor. B. Other than as legally required by Consultant in rendering their professional opinion(s), all other documents, information, materials, reports, and work products developed by the Consultant in performing the Services pursuant to this Agreement are, and shall remain, the property of the City. Consultant understands and agrees that any information, document, report, materials, work products, or any other material whatsoever which is given by the City to Consultant, or which is otherwise obtained or prepared by Consultant pursuant to, or under the terms of this Agreement, is and shall at all times remain the property of the City. Consultant agrees not to use any such information, document, report, work product, or material for any other purpose whatsoever without the written consent of City, which may be withheld or conditioned by the City, in its sole discretion. C. Consultant shall work with the City to develop and undertake the schedule necessary to provide the Services as needed by the City. Consultant acknowledges that working with the City to provide necessary scheduling for the Services does not alter their status as an independent contractor and Consultant acknowledges and understands that compensation payment for their time is based upon the standards required by the IRS for payments to an independent contractor. Section 7. Indemnification. The Consultant shall indemnify, hold and save harmless, and defend (at its own cost and expense), the City, its officers, agents, directors, and/or employees, from all liabilities, damages, losses, judgements, and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, negligent act or omission, or intentional wrongful misconduct of Consultant and persons employed or utilized by Consultant in the performance of this Agreement. These duties will survive the cancellation or expiration of the Agreement. This Section will be interpreted under the laws of the State of Florida, including without limitation and interpretation, which conforms to the limitations of Sections 725.06 and/or 725.08, Florida Statutes, as applicable and as amended. Page 3 of 108 DocuSign Envelope ID: 31 E6FE8E-AE8D-466D-B164-97A979FF6D93 Consultant shall require all sub -consultant agreements to include a provision that each sub -consultant will indemnify the City in substantially the same language as this Section. The Consultant agrees and recognizes that the City shall not be held liable or responsible for any claims which may result from any actions or omissions of the Consultant in which the City participated either through review or concurrence of the Consultant's actions. In reviewing, approving or rejecting any submissions by the Consultant or other acts of the Consultant, the City, in no way, assumes or shares any responsibility or liability of the Consultant or sub -consultant under this Agreement. Ten Dollars ($10.00) of the payments made by the City constitute separate, distinct, and independent consideration for the granting of this Indemnification, the receipt and sufficiency of which is voluntarily and knowingly acknowledged by the Consultant. Section 8. Insurance. The Consultant fully understands and hereby agrees that it shall be the responsibility of the Consultant to secure their own insurance coverage(s), as applicable insurance(s) will not be paid by the City on behalf of the Consultant while performing the Services. Consultant shall maintain insurance coverage(s) and provide evidence of such insurance coverage(s), and in such amounts, as applicable, as may be required by the City's Risk Management Department in Exhibit "C" "Insurance Requirements," hereto and incorporated by this reference. Section 9. Nondiscrimination. The Consultant represents and warrants to the City that Consultant does not and will not engage in discriminatory practices and that there shall be no discrimination in connection with Consultant's performance under this Agreement on account of race, color, gender, religion, age, disability, sexual orientation, marital status, or national origin. Consultant further covenants that no otherwise qualified individual shall, solely by reason of their race, color, gender, religion, age, disability, sexual orientation, marital status, or national origin, be excluded from participation in, be denied services, or be subject to discrimination under any provision of this Agreement. Section 10. Non -Assignment, Successors, and Assigns. The Consultant's professional services are unique in nature and are not assignable. Section 11. Ownership of Documents. The Consultant understands and agrees that any information, document, report, plans, budget, or any other material whatsoever which is given by the City or on behalf of the City to Consultant pursuant to or under the terms of this Agreement is, and shall at all times remain, the property of the City. Consultant agrees not to use any such information, document, report, plans, budget, or other materials without the written consent of the City, which consent may be withheld or conditioned by the City as the owner thereof. Section 12. Public Records. A. Consultant understands that the public shall have access, at all reasonable times, to all documents and information pertaining to City Agreements, subject to the provisions of Chapter 119, Florida Statutes, and agrees to allow access by the City and the public to all documents subject to disclosure under applicable laws. Consultant's failure or refusal to comply with the provisions of this section shall result in the immediate cancellation of this Agreement by the City. B. Consultant shall additionally comply with Section 119.0701, Florida Statutes, including without limitation: (1) keeping and maintaining public records that ordinarily and necessarily would be required of the City to perform this Service; (2) upon request from the City's custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as Page 4 of 108 DocuSign Envelope ID: 31 E6FE8E-AE8D-466D-B164-97A979FF6D93 otherwise provided by law; (3) ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Agreement term and following completion of the Agreement if Consultant does not transfer the records to the City; (4) upon completion of the Agreement, transfer, at no cost, to the City all public records in possession of the Consultant or keep and maintain public records required by the City to perform the Service, if the Consultant transfers all public records to the City upon completion of the Agreement, the Consultant shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements, if the Consultant keeps and maintains the public records upon completion of the Agreement, the Consultant shall meet all applicable requirements for retaining public records, all records stored electronically must be provided to the City, upon request from the City's custodian of public records, in a format that is compatible with the information technology systems of the City. Notwithstanding the foregoing, Consultant shall be permitted to retain any public records that make up part of its work product solely as required for archival purposes, as required by law, or to evidence compliance with the terms of the Agreement. C. Should Consultant determine to dispute any public access provision required by Florida Statutes, then Consultant shall do so in accordance with the provisions of Chapter 119, Florida Statutes, at its own expense and at no cost to the City. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (305) 416-18007 VIA EMAIL AT PUBLICRECORDS(a-MIAMIGOV.COM, OR REGULAR MAIL AT CITY OF MIAMI OFFICE OF THE CITY ATTORNEY, 444 SW 2ND AVENUE, 9TH FLOOR, MIAMI, FL 33130. THE CONSULTANT MAY ALSO CONTACT THE RECORDS CUSTODIAN AT THE CITY OF MIAMI DEPARTMENT WHO IS ADMINISTERING THIS AGREEMENT. Section 13. Award of Agreement. The Consultant represents and warrants to the City that Consultant has not employed or retained any person or company employed by the City to solicit or secure this Agreement, and that they have not offered to pay, paid or agreed to pay any person any fee, commission, percentage, brokerage fee, finder's fee, or gift of any kind contingent upon or in connection with, the award of this Agreement. Section 14. Compliance with Federal, State, and Local Laws. The Consultant understands that agreements between private entities and local governments are subject to certain laws and regulations, including laws pertaining to open public meetings, public records, conflicts of interest, procurement procedures, record keeping, etc. Consultant agrees to comply with, and to observe all applicable laws, codes, and ordinances, as they may be amended from time to time. Section 15. Notices. All notices or other communications required under this Agreement shall be in writing and shall be given by hand -delivery or by registered, or certified U.S. Mail, return receipt requested, addressed to the other party at the address indicated herein or to such other address as a party may designate by notice given, as herein provided. Notice shall be deemed given on the day on which personally delivered; or if by U.S. Mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. Page 5 of 108 DocuSign Envelope ID: 31 E6FE8E-AE8D-466D-B164-97A979FF6D93 To Consultant: R.J. Heisenbottle Architects, P.A. 2199 Ponce de Leon Blvd, Suite 400 Coral Gables, FL 33134 Richard (Wriha.net To the City: City Manager's Office ATTN: Arthur Noriega V, City Manager City of Miami 444 SW 2nd Avenue, 10t" Floor Miami, FL 33130 Department of Real Estate and Asset Management ATTN: Jacqueline Lorenzo, Assistant Director City of Miami 444 SW 2nd Avenue, V Floor Miami, FL 33130 Department of Procurement ATTN: Annie Perez, CPPO Director/Chief Procurement Officer City of Miami 444 SW 2nd Avenue, 6t" Floor Miami, FL 33130 Office of the City Attorney ATTN: Victoria Mendez, City Attorney City of Miami 444 SW 2nd Avenue, Suite 945 Miami, FL 33130 Section 16. Contingency Clause. Funding for this Agreement is contingent upon the availability of funds and continued authorization of City activities, and the Agreement is subject to (a) amendment due to lack of funds, reduction of funds, and/or change in regulations or the Code, upon written notice, or (b) termination pursuant to Section 5 hereof. Section 17. Severability. If this Agreement contains any provision found to be unlawful, the same shall be deemed to be of no effect and shall be deemed stricken from this Agreement without affecting the binding force of this Agreement as it shall remain after omitting such provision. Section 18. Miscellaneous. A. The Agreement shall be construed and enforced according to the laws of the State of Florida. The parties hereto agree that venue for all federal, state, and local matters, if any, arising under the Agreement shall be in the applicable respective federal, state, and/or local courts located in Miami -Dade County, Florida. Each party waives any defense, whether asserted by motion or pleading, that the aforementioned courts are an improper or inconvenient venue. Moreover, the parties' consent to the personal jurisdiction of the aforementioned courts and irrevocably waive any objections to said jurisdiction. The parties irrevocably waive any rights to a jury trial. Each party shall pay its own costs and attorney's fees. Page 6 of 108 DocuSign Envelope ID: 31 E6FE8E-AE8D-466D-B164-97A979FF6D93 B. Should any provision, paragraph, sentence, word, or phrase contained in the Agreement be determined by a court of competent jurisdiction to be invalid, illegal, or otherwise unenforceable under the laws of the State of Florida or the City of Miami, such provision, paragraph, sentence, word, or phrase shall be deemed modified to the extent necessary in order to conform with such laws, or if not modifiable, then the same shall be deemed severable, and in either event, the remaining terms and provisions of the Agreement shall remain unmodified and in full force and effect or limitation of its use. C. No waiver or breach of any provision of the Agreement shall constitute a waiver of any other breach or of any subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless made in writing. D. The Agreement constitutes the sole and entire agreement between the parties hereto relating to the subject matter hereof and correctly sets forth the rights, duties, and obligations of each to the other as of its date. Any prior agreements, promises, negotiations, or representations not expressly set forth in the Agreement, including the Exhibits hereto, are of no force and effect. No modification to, supplement of, deletion from, amendment or addition to the Agreement shall be valid unless in writing and executed by the properly authorized representatives of the parties hereto. Section 19. Survival. The parties acknowledge that the obligations in this Agreement will survive the term, termination, and cancellation hereof. Accordingly, the respective obligations of the Consultant and the City under this Agreement shall survive termination, cancellation, or expiration hereof. Section 20. Counterparts; Electronic Signatures. This Agreement may be executed in counterparts, each of which shall be an original as against either party whose signature appears thereon, but all of which taken together shall constitute but one and the same instrument. An executed facsimile or electronic scanned copy of this Agreement shall have the same force and effect as an original. The parties shall be entitled to sign and transmit an electronic signature on this Agreement (whether by facsimile, PDF, or other email transmission), which signature shall be binding on the party whose name is contained therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed Agreement upon request. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Page 7 of 108 DocuSign Envelope ID: 31 E6FE8E-AE8D-466D-B164-97A979FF6D93 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. WITNESS/ATTEST: nature ST 1kb�l� t-4I GULL f7VMEGS6,I&N4C E Print Name, Title ATTEST: Alp Consultant Seal, if available) ATTEST: Todd B. Hannon, City Clerk APPROVED AS TO INSURANCE REQUIREMENTS: DocuSigned by: :FY7;U k zC,6m ,� Ann Marie Sharpe, Director Risk Management Department R.J. HEISENBOTTLE ARCHITECTS, P.A., a Florida Profit Corporation '14-1-5-F;VISSO . Print Name, Title 1. 7 (Corporate Seal) CITY OF MIAMI, a municipal corporation of the State of Florida DocuSigned tiy: I_ ocuSIgn- �, ; Arthur Noriega V, City Manager r; APPROVED AS TO LEGAL FORM AND CORRECTNESS: DocuSigned by: ictona en ez, City Attorney L (Matter 22-727) Page 8 of 108 ,a`oRo° CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)2/2/2023 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 Butler, Buckley, Deets, Inc. 6505 Blue Lagoon Dr Suite 250 Miami FL 33126 CONTACT NAME: Ilene Ruse PHONE FAX A/c No Ext: 305-262-0086 A/C, No): A RIESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURERA: Phoenix Insurance Co 25623 INSURED RJHEISE-02 INSURERB: TRAVELERS CASUALTY INS CO 19046 R.J HEISENBOTTLE ARCHITECTS PA 2199 Ponce De Leon Blvd. #400 INSURERC: UNDERWRITERS AT LLOYDS 32727 INSURERD: OHIO CASUALTY INSURANCE CO 24074 Coral Gables FL 33134 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER:1241973225 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 POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MWDD/YYY POLICY EXP MM/DD/YYY LIMITS A X COMMERCIAL GENERAL LIABILITY Y BZS64101152 12/11/2022 12/11/2023 EACH OCCURRENCE $2,000,000 CLAIMS -MADE OCCUR DAMAGETORENTED ccurrence PREMISES Ea occurrence) $ 100,000 X MED EXP (Any one person) $ 5,000 CONTRACTUAL PER GL FORM BROAD PERSONAL &ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 POLICY jECT LOC PRODUCTS - COMP/OP AGG $ 2,000,000 OTHER Approved by Frank Gomez 02/09/ 023 $ D AUTOMOBILE LIABILITY BZS64101152 12/11/2022 12/11/2023 (CEO MaBINEDidentSINGLELIMIT cc $1,000,000 BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ X PROPERTY DAMAGE Per accident $ HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY $ A X UMBRELLA LAB X OCCUR BZS64101152 12/11/2022 12/11/2023 EACH OCCURRENCE $ 2,000,000 AGGREGATE $ 2,000,000 EXCESS LAB CLAIMS -MADE DED X RETENTION $ 1 n nnn $ B B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N Y UB8J517391 UB8J517391 12/12/2021 12/12/2022 12/12/2022 12/12/2023 X PER OTH- STATUTE1 ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N/A E.L. DISEASE - EA EMPLOYEE $ 1,000,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE- POLICY LIMIT $ 1,000,000 C Professional Liability PLC-02146-00 12/11/2022 12/11/2023 AGGREGATE $2,000,000 LIMIT 2,000,000 DEDUCTIBLE $10,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CITY OF MIAMI IS ADDITIONAL INSURED AS REQUIRED BY WRITTEN CONTRACT. WAIVER OF SUBROGATION IS IN FAVOR OF THE ADDITIONAL INSURED AS REQUIRED BY WRITTEN CONTRACT Professional Retroactive Date: 12/11/1987 except 12/11/2011 for the limit of liability $0 / $1,000,000 excess of $1,000,000 / $1,000,000 and 12/11/2012 for the limit of liability $1,000,000 / $0 excess of $1,000,000 /$2,000,000 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN CITY OF MIAMI ACCORDANCE WITH THE POLICY PROVISIONS. 444 SW 2ND AVE AUTHORIZED REPRESENTATIVE Miami FL 33130 USA ff ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD BUSINESSOWNERS BP 04 13 01 06 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED ENGINEERS, ARCHITECTS, OR SURVEYORS This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM The following is added to Paragraph C. Who Is An Insured in Section II - Liability: 3. Any architect, engineer, or surveyor engaged by you is also an additional insured but only with respect to liability for "bodily injury", "property damage" or "personal and adver- tising injury" caused, in whole or in part, by your acts or omissions or the acts or omis- sions of those acting on your behalf in con- nection with your premises or in the perfor- mance of your ongoing operations. With respect to the insurance afforded to these additional insureds, the following addi- tional exclusion applies: This insurance does not apply to "bodily in- jury", "property damage" or "personal and advertising injury" arising out of the render- ing of or the failure to render any professional services by or for you, including: a. The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. BP 04 13 01 06 ©ISO Properties, Inc., 2004 Page 1 of 1 COMMERCIAL GENERAL LIABILITY CG88100413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY EXTENSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART INDEX SUBJECT PAGE NON -OWNED AIRCRAFT 2 NON -OWNED WATERCRAFT 2 PROPERTY DAMAGE LIABILITY — ELEVATORS 2 EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) 2 MEDICAL PAYMENTS EXTENSION 3 EXTENSION OF SUPPLEMENTARY PAYMENTS — COVERAGES A AND B 3 ADDITIONAL INSUREDS — BY CONTRACT, AGREEMENT OR PERMIT 3 PRIMARY AND NON-CONTRIBUTORY — ADDITIONAL INSURED EXTENSION 5 ADDITIONAL INSUREDS — EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" 6 WHO IS AN INSURED — INCIDENTAL MEDICAL ERRORS/MALPRACTICE AND WHO IS AN INSURED — 6 FELLOW EMPLOYEE EXTENSION — MANAGEMENT EMPLOYEES NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES 7 FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES 7 KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT 7 LIBERALIZATION CLAUSE 7 BODILY INJURY REDEFINED 7 EXTENDED PROPERTY DAMAGE 8 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US — 8 WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 8 With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. A. NON -OWNED AIRCRAFT Under Paragraph 2. Exclusions of Section I — Coverage A - Bodily Injury And Property Damage Liability, exclusion g. Aircraft, Auto Or Watercraft does not apply to an aircraft provided: It is not owned by any insured; 2. It is hired, chartered or loaned with a trained paid crew; 3. The pilot in command holds a currently effective certificate, issued by the duly constituted authority of the United States of America or Canada, designating her or him a commercial or airline pilot; and 4. It is not being used to carry persons or property for a charge. However, the insurance afforded by this provision does not apply if there is available to the insured other valid and collectible insurance, whether primary, excess (other than insurance written to apply specifically in excess of this policy), contingent or on any other basis, that would also apply to the loss covered under this provision. B. NON -OWNED WATERCRAFT Under Paragraph 2. Exclusions of Section I — Coverage A— Bodily Injury And Property Damage Liability, Subparagraph (2) of exclusion g. Aircraft, Auto Or Watercraft is replaced by the following: This exclusion does not apply to: (2) A watercraft you do not own that is: (a) Less than 52 feet long; and (b) Not being used to carry persons or property for a charge. C. PROPERTY DAMAGE LIABILITY — ELEVATORS 1. Under Paragraph 2. Exclusions of Section I — Coverage A— Bodily Injury And Property Damage Liability, Subparagraphs (3), (4) and (6) of exclusion j. Damage To Property do not apply if such "property damage" results from the use of elevators. For the purpose of this provision, elevators do not include vehicle lifts. Vehicle lifts are lifts or hoists used in automobile service or repair operations. 2. The following is added to Section IV — Commercial General Liability Conditions, Condition 4. Other Insurance, Paragraph b. Excess Insurance: The insurance afforded by this provision of this endorsement is excess over any property insurance, whether primary, excess, contingent or on any other basis. D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) If Damage To Premises Rented To You is not otherwise excluded from this Coverage Part: Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury and Property Damage Liability: a. The fourth from the last paragraph of exclusion j. Damage To Property is replaced by the following: Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire, lightning, explosion, smoke, or leakage from an automatic fire protection system) to: (i) Premises rented to you for a period of 7 or fewer consecutive days; or (ii) Contents that you rent or lease as part of a premises rental or lease agreement for a period of more than 7 days. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" to contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in Section III — Limits of Insurance. © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 8 b. The last paragraph of subsection 2. Exclusions is replaced by the following: Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III — Limits Of Insurance. 2. Paragraph 6. under Section III — Limits Of Insurance is replaced by the following: 6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to: a. Any one premise: (1) While rented to you; or (2) While rented to you or temporarily occupied by you with permission of the owner for damage by fire, lightning, explosion, smoke or leakage from automatic protection systems; or b. Contents that you rent or lease as part of a premises rental or lease agreement. 3. As regards coverage provided by this provision D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) - Paragraph 9.a. of Definitions is replaced with the following: 9.a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke, or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with the permission of the owner, or for damage to contents of such premises that are included in your premises rental or lease agreement, is not an "insured contract". E. MEDICAL PAYMENTS EXTENSION If Coverage C Medical Payments is not otherwise excluded, the Medical Payments provided by this policy are amended as follows: Under Paragraph 1. Insuring Agreement of Section I — Coverage C — Medical Payments, Subparagraph (b) of Paragraph a. is replaced by the following: (b) The expenses are incurred and reported within three years of the date of the accident; and F. EXTENSION OF SUPPLEMENTARY PAYMENTS — COVERAGES A AND B 1. Under Supplementary Payments — Coverages A and B, Paragraph 1.b. is replaced by the following: b. Up to $3,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 2. Paragraph 1.d. is replaced by the following: d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. G. ADDITIONAL INSUREDS - BY CONTRACT, AGREEMENT OR PERMIT 1. Paragraph 2. under Section II — Who Is An Insured is amended to include as an insured any person or organization whom you have agreed to add as an additional insured in a written contract, written agreement or permit. Such person or organization is an additional insured but only with respect to liability for "bodily injury', "property damage" or "personal and advertising injury" caused in whole or in part by: a. Your acts or omissions, or the acts or omissions of those acting on your behalf, in the performance of your on going operations for the additional insured that are the subject of the written contract or written agreement provided that the "bodily injury' or "property damage" occurs, or the "personal and advertising injury" is committed, subsequent to the signing of such written contract or written agreement; or © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 8 b. Premises or facilities rented by you or used by you; or C. The maintenance, operation or use by you of equipment rented or leased to you by such person or organization; or d. Operations performed by you or on your behalf for which the state or political subdivision has issued a permit subject to the following additional provisions: (1) This insurance does not apply to "bodily injury", "property damage", or "personal and advertising injury" arising out of the operations performed for the state or political subdivision; (2) This insurance does not apply to "bodily injury" or "property damage" included within the "completed operations hazard". (3) Insurance applies to premises you own, rent, or control but only with respect to the following hazards: a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners, or decorations and similar exposures; or (b) The construction, erection, or removal of elevators; or (c) The ownership, maintenance, or use of any elevators covered by this insurance. However: The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. With respect to Paragraph 1.a. above, a person's or organization's status as an additional insured under this endorsement ends when: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. With respect to Paragraph 1.b. above, a person's or organization's status as an additional insured under this endorsement ends when their written contract or written agreement with you for such premises or facilities ends. With respects to Paragraph 1.c. above, this insurance does not apply to any "occurrence" which takes place after the equipment rental or lease agreement has expired or you have returned such equipment to the lessor. The insurance provided by this endorsement applies only if the written contract or written agreement is signed prior to the "bodily injury" or "property damage". We have no duty to defend an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured as required in Paragraph b. of Condition 2. Duties In the Event Of Occurrence, Offense, Claim Or Suit under Section IV — Commercial General Liability Conditions. © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 4 of 8 2. With respect to the insurance provided by this endorsement, the following are added to Paragraph 2. Exclusions under Section I - Coverage A - Bodily Injury And Property Damage Liability: This insurance does not apply to: "Bodily injury' or "property damage" arising from the sole negligence of the additional insured. b. "Bodily injury' or "property damage" that occurs prior to you commencing operations at the location where such "bodily injury" or "property damage" occurs. C. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury' or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of, or the failure to render, any professional architectural, engineering or surveying services. d. "Bodily injury" or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. Any person or organization specifically designated as an additional insured for ongoing operations by a separate ADDITIONAL INSURED — OWNERS, LESSEES OR CONTRACTORS endorsement issued by us and made a part of this policy. 3. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: Required by the contract or agreement; or b. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. H. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED EXTENSION This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. Condition 4. Other Insurance of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: The following is added to Paragraph a. Primary Insurance: If an additional insured's policy has an Other Insurance provision making its policy excess, and you have agreed in a written contract or written agreement to provide the additional insured coverage on a primary and noncontributory basis, this policy shall be primary and we will not seek contribution from the additional insured's policy for damages we cover. © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 8 b. The following is added to Paragraph b. Excess Insurance: When a written contract or written agreement, other than a premises lease, facilities rental contract or agreement, an equipment rental or lease contract or agreement, or permit issued by a state or political subdivision between you and an additional insured does not require this insurance to be primary or primary and non-contributory, this insurance is excess over any other insurance for which the additional insured is designated as a Named Insured. Regardless of the written agreement between you and an additional insured, this insurance is excess over any other insurance whether primary, excess, contingent or on any other basis for which the additional insured has been added as an additional insured on other policies. ADDITIONAL INSUREDS - EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. The following is added to Condition 2. Duties In The Event Of Occurrence, Offense, Claim or Suit: An additional insured under this endorsement will as soon as practicable: Give written notice of an 'occurrence" or an offense that may result in a claim or "suit" under this insurance to us; b. Tender the defense and indemnity of any claim or "suit" to all insurers whom also have insurance available to the additional insured; and Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. d. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured. 2. The limits of insurance applicable to the additional insured are those specified in a written contract or written agreement or the limits of insurance as stated in the Declarations of this policy and defined in Section III — Limits of Insurance of this policy, whichever are less. These limits are inclusive of and not in addition to the limits of insurance available under this policy. J. WHO IS AN INSURED - INCIDENTAL MEDICAL ERRORS / MALPRACTICE WHO IS AN INSURED - FELLOW EMPLOYEE EXTENSION - MANAGEMENT EMPLOYEES Paragraph 2.a.(1) of Section II - Who Is An Insured is replaced with the following: (1) "Bodily injury" or "personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co -"employee" while in the course of his or her employment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co -"employee" or "volunteer worker" as a consequence of Paragraph (1) (a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1) (a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. However, if you are not in the business of providing professional health care services or providing professional health care personnel to others, or if coverage for providing professional health care services is not otherwise excluded by separate endorsement, this provision (Paragraph (d)) does not apply. © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 6 of 8 Paragraphs (a) and (b) above do not apply to "bodily injury' or "personal and advertising injury" caused by an "employee" who is acting in a supervisory capacity for you. Supervisory capacity as used herein means the "employee's" job responsibilities assigned by you, includes the direct supervision of other "employees" of yours. However, none of these "employees" are insureds for "bodily injury" or "personal and advertising injury" arising out of their willful conduct, which is defined as the purposeful or willful intent to cause "bodily injury' or "personal and advertising injury', or caused in whole or in part by their intoxication by liquor or controlled substances. The coverage provided by provision J. is excess over any other valid and collectable insurance available to your "employee". K. NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES Paragraph 3. of Section II - Who Is An Insured is replaced by the following: 3. Any organization you newly acquire or form and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: Coverage under this provision is afforded only until the expiration of the policy period in which the entity was acquired or formed by you; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. d. Records and descriptions of operations must be maintained by the first Named Insured. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations or qualifies as an insured under this provision. L. FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES Under Section IV — Commercial General Liability Conditions, the following is added to Condition 6. Representations: Your failure to disclose all hazards or prior "occurrences" existing as of the inception date of the policy shall not prejudice the coverage afforded by this policy provided such failure to disclose all hazards or prior "occurrences" is not intentional. M. KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT Under Section IV — Commercial General Liability Conditions, the following is added to Condition 2. Duties In The Event of Occurrence, Offense, Claim Or Suit: Knowledge of an "occurrence", offense, claim or "suit" by an agent, servant or "employee" of any insured shall not in itself constitute knowledge of the insured unless an insured listed under Paragraph 1. of Section II — Who Is An Insured or a person who has been designated by them to receive reports of "occurrences", offenses, claims or "suits" shall have received such notice from the agent, servant or "employee". N. LIBERALIZATION CLAUSE If we revise this Commercial General Liability Extension Endorsement to provide more coverage without additional premium charge, your policy will automatically provide the coverage as of the day the revision is effective in your state. O. BODILY INJURY REDEFINED Under Section V — Definitions, Definition 3. is replaced by the following: 3. "Bodily Injury" means physical injury, sickness or disease sustained by a person. This includes mental anguish, mental injury, shock, fright or death that results from such physical injury, sickness or disease. © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 7 of 8 P. EXTENDED PROPERTY DAMAGE Exclusion a. of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY is replaced by the following: Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. Q. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US — WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU Under Section IV — Commercial General Liability Conditions, the following is added to Condition 8. Transfer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have against a person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products -completed operations hazard" provided: You and that person or organization have agreed in writing in a contract or agreement that you waive such rights against that person or organization; and 2. The injury or damage occurs subsequent to the execution of the written contract or written agreement. © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 8 of 8 TRAVELERS J� WORKERS COMPENSATION AND ONE TOWER SQUARE EMPLOYERS LIABILITY POLICY HARTFORD CT 06183 ENDORSEMENT WC 00 03 13 (00) - 001 POLICY NUMBER: UB-8J517391-22-47-G WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule. SCHEDULE DESIGNATED PERSON: DESIGNATED ORGANIZATION: ANY PERSON OR ORGANIZATION FOR WHICH THE INSURED HAS AGREED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER. DATE OF ISSUE: 10-18-22 STASSIGN: PAGE 1 OF From: Gomez Jr.. Francisco (Frank) To: Caseres. Luis; Ouevedo. Terry Subject: RE: COI-R.J. Heisenbottle - Exp. 12/11/2022 Date: Friday, February 3, 2023 6:25:54 AM Attachments: imaoe004.ono imaae006.ona imaoe007.ono Good morning Luis, The COI is adequate. Thanks, Frank Gomez, PIAM, CPI I Property & Casualty Manager City of Miami Risk Management (305) 416-1740 Office (305) 416-176o Fax f�omezamiamigov.com "Serving, Enhancing, and Transforming our Cammunity" From: Caseres, Luis <Lcaseres@miamigov.com> Sent: Thursday, February 2, 2023 4:08 PM To: Gomez Jr., Francisco (Frank) <FGomez@miamigov.com>; Quevedo, Terry <TQuevedo@miamigov.com> Subject: FW: COI-R.J. Heisenbottle - Exp. 12/11/2022 Good afternoon, Please review and approve. Best regards, L ui k C a4eNe�- Construction Procurement Assistant City of Miami Department of Procurement 444 SW 2nd Avenue, 6th Floor, Miami, FL 33130 2 (305) 416-1923 (305) 400-5335 L�Lcaseres&miamiclov.com "Serving, Enhancing, and Transforming our Community" CONFIDENTIAL COMMUNICATION The information contained in this transmission may contain privileged and confidential information. It is intended only for the use of the person(s) named above. If you are not the intended recipient, you are hereby notified that any review, dissemination, distribution, or duplication of this communication is strictly prohibited. If you are not the intended recipient, please immediately contact the sender by reply e-mail and destroy all copies of the original message. Thank you. *Please Note: Due to Florida's very broad public records law, most written communications to or from City of Miami employees regarding City business are public records, available to the public and media upon request. Therefore, this e-mail communication may be subject to public disclosure. If you're not already a Vendor, click on or scan the QR Code to register as a new vendor for the City of Miami. From: Charlie Law <clawPriha.net> Sent: Thursday, February 2, 2023 2:23 PM To: Caseres, Luis <Lcaseresl@miamigov.com> Subject: RE: CCI-R.J. Heisenbottle - Exp. 12/11/2022 CAUTION: This is an email from an external source. Do not click links or open attachments unless you recognize the sender and know the content is safe. Luis, Please find attached our renewed Certificate of Insurance. Please let me know if you need anything else. DocuSign Envelope ID: 31 E6FE8E-AE8D-466D-B164-97A979FF6D93 Detail by Entity Name i4 ON �-- rnr gTirifll -510re off-IJ944W a4eMire Department of State / Division of Corporations / Search Records / Search by Entity Name / Detail by Entity Name Florida Profit Corporation R.J. HEISENBOTTLE ARCHITECTS, P.A. Filing Information Document Number M48770 FEI/EIN Number 59-2783815 Date Filed 03/20/1987 State FL Status ACTIVE Last Event REINSTATEMENT Event Date Filed 01/03/2019 Principal Address 2199 PONCE DE LEON BLVD 400 CORAL GABLES, FL 33134 Changed: 07/11 /2008 Mailing Address 2199 PONCE DE LEON BLVD Suite 400 CORAL GABLES, FL 33134 Changed: 01/08/2015 Registered Agent Name & Address HEISENBOTTLE, RICHARD J 556 LORETTO AVENUE CORAL GABLES, FL 33146 Name Changed: 01/03/2019 Address Changed: 01/05/2023 Officer/Director Detail https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=Initial&searchNameOrder=RJHEISE... 1 /3 DocuSign Envelope ID: 31 E6FE8E-AE8D-466D-B164-97A979FF6D93 Detail by Entity Name Name & Address Title PRIES HEISENBOTTLE, RICHARD J 2199 PONCE DE LEON BLVD. SUITE400 CORAL GABLES, FL 33134 Annual Reports Report Year Filed Date 2021 01 /19/2021 2022 01 /13/2022 2023 01 /05/2023 Document Images 01/05/2023 --ANNUAL REPORT View image in PDF format 01/13/2022 --ANNUAL REPORT View image in PDF format 01/19/2021 --ANNUAL REPORT View image in PDF format 01/14/2020 --ANNUAL REPORT View image in PDF format 01/03/2019 -- REINSTATEMENT View image in PDF format 03/22/2017 --ANNUAL REPORT View image in PDF format 04/18/2016 --ANNUAL REPORT View image in PDF format 01/08/2015 --ANNUAL REPORT View image in PDF format 02/08/2014 --ANNUAL REPORT View image in PDF format 04/30/2013 --ANNUAL REPORT View image in PDF format 03/20/2012 --ANNUAL REPORT View image in PDF format 02/10/2011 --ANNUAL REPORT View image in PDF format 01/05/2010 --ANNUAL REPORT View image in PDF format 03/25/2009 --ANNUAL REPORT View image in PDF format 07/11/2008 --ANNUAL REPORT View image in PDF format 04/10/2007 --ANNUAL REPORT View image in PDF format 03/23/2006 --ANNUAL REPORT View image in PDF format 03/03/2005 --ANNUAL REPORT View image in PDF format 03/29/2004 --ANNUAL REPORT View image in PDF format 01/21/2003 --ANNUAL REPORT View image in PDF format 02/20/2002 --ANNUAL REPORT View image in PDF format 01/27/2001 --ANNUAL REPORT View image in PDF format 06/29/2000 --ANNUAL REPORT View image in PDF format 04/20/1999 --ANNUAL REPORT View image in PDF format 04/28/1998 --ANNUAL REPORT View image in PDF format 02/04/1997 --ANNUAL REPORT View image in PDF format 01/29/1996 --ANNUAL REPORT View image in PDF format 06/29/1995 --ANNUAL REPORT View image in PDF format https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=l nitial&searchNameOrder=RJ H EISE... 2/3 Olivera, Rosemary From: Gandarilla, Aimee Sent: Thursday, August 10, 2023 9:54 AM To: Hannon, Todd Cc: Lee, Denise; Olivera, Rosemary; Brown, Sadie; Cabrera, Paola; Caseres, Luis Subject: Matter 23-2033: Amendment No. 2 PSA R.J. Heisenbottle Architects, P.A Attachments: Amendment No. 2 PSA R.J. Heisenbottle Architects, P.A.pdf Good morning Todd, Please find attached the fully executed copy of an agreement from DocuSign that is to be considered an original agreement for your records. Thank you, Aimee garcdwdUa Procurement Assistant City of Miami Department of Procurement 444 SW 2"d Avenue, 6t" floor, Miami, FL 33130 P(305) 416-1906 F(305) 400-5338 Eagan dariIla(c-miamigov.com https://miamigov.com/Government/Departments-Organizations/Procurement "',.,�},ping, Enhancing, and Transforming our Community"