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24569
AGREEMENT INFORMATION AGREEMENT NUMBER 24569 NAME/TYPE OF AGREEMENT EAST COAST RIGGING & CONTRACTING COMPANY, LLC DESCRIPTION PROFESSIONAL SERVICES AGREEMENT/ENGINEERED 20K SHOORING OVERHEAD PEDESTRIAN PROTECTION WALK TUNNEL/MATTER ID: 23-1907 EFFECTIVE DATE August 4, 2023 ATTESTED BY TODD B. HANNON ATTESTED DATE 8/24/2023 DATE RECEIVED FROM ISSUING DEPT. 8/24/2023 NOTE DOCUSIGN AGREEMENT BY EMAIL CITY OF MIAMI DOCUMENT ROUTING FORM ORIGINATING DEPARTMENT: DEPT. CONTACT PERSON: Aimee Gandarilla EXT. 1906 NAME OF OTHER CONTRACTUAL PARTY/ENTITY: EAST COAST RIGGING & CONTRACTING Department of Procurement COMPANY, LLC IS THIS AGREEMENT A RESULT OF A COMPETITIVE PROCUREMENT PROCESS? EYES NO TOTAL CONTRACT AMOUNT: $ FUNDING INVOLVED? EYES ❑ NO TYPE OF AGREEMENT: ❑ MANAGEMENT AGREEMENT ❑ PROFESSIONAL SERVICES AGREEMENT ❑ GRANT AGREEMENT ❑ EXPERT CONSULTANT AGREEMENT ❑ LICENSE AGREEMENT OTHER: (PLEASE SPECIFY) ❑ PUBLIC WORKS AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ INTER -LOCAL AGREEMENT ❑ LEASE AGREEMENT ❑ PURCHASE OR SALE AGREEMENT PURPOSE OF ITEM (BRIEF SUMMARY): PSA with East Coast Rigging & Contracting Company, LLC Olympia Theater and the Olympia Apartments COMMISSION APPROVAL DATE: FILE ID: ENACTMENT NO.: IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN: ROUTING INFORMATION Date PLEASE PRINT AND SIGN DIRECTOR OF PROCUREMENT/CHIEF PROCUREMENT OFFICER August 15, 2023 Annie Perez, CPPO 1 16:46:1EDT. SIGNATURE: 7?'^-« RISK MANAGEMENT August 16, 2023 Ann -Marie Sharpe 1 06:32:04 EDT SIGNATURE:Er- uN C k, CITY ATTORNEY Matter 23-1907 August 22, 2023ICto I0d7 5i:18ZEDT ev SIGNATURE: 7��_..0 ASSISTANT CITY MANAGER, CHIEF FINANCIAL OFFICER August 23, 2023 Larry Spring, CPA I 09: 45 :08 EL1T.de,: SIGNATURE: Ioq *u) ASSISTANT CITY MANAGER, CHIEF OF OPERATIONS Natasha Colebrook -Williams SIGNATURE: DEPUTY CITY MANAGER Nzeribe Ihekwaba, Ph.D., PE SIGNATURE: CITY MANAGER August 23, 2023AIth10:I�QI is30 EDT DocuStqn. by SIIGNATULRE:: ate, ,,,,h, CITY CLERK August 24, 2023 Todd Hannon 1 09:55:12 EDT SIGNATURE. (—°°`"s'9Oe°°" PLEASE ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THAT REQUIRE EXECUTION BY THE CITY MANAGER IAFI I{SPAT 1 I City of Miami Office of the City Attorney Legal Services Request To: Office of the City Attorney From: Justin Griffin Contact Person Sr. Procurement Contracting Officer Title 8/15/2023 Date: Procurement Requesting Client (305) 416-1949 Telephone Legal Service Requested: Matter 23-1907: PSA with East Coast Rigging & Contracting Company, LLC for Olympia Theater and the Olympia Apartments Complete form and forward to the Office of the City Attorney or e-mail to Legal Services. Do not assume that the Office of the City Attorney knows the background of the question and/or issue, such as opinions on the same or similar issues, the existence of relevant memos, correspondence, etc. Please attach to this form and/or e-mail all pertinent information relating to the subject. Once your request has been assigned, an e-mail will be sent to you with the Assigned Attorney's name and the issued matter identification number. All attorneys in the Office of the City Attorney shall fully comply with the Rules Regulating the Florida Bar. For Legal Services requesting an opinion from the Office of the City Attorney: nlssue opinion in writing. Publish opinion after issuance. Authorized by: Annie Perez Date response requested by: BELOW PORTION TO BE COMPLETED BY THE OFFICE OF THE CITY ATTORNEY Assigned Attorney: Date: File No. Approved by: Ultimate Client: Comments: D / R Date: Copy returned to Requesting Client Type: Matrix: Category: Copy to Ultimate Client rev. 04/14/2017 PROFESSIONAL SERVICES AGREEMENT OVERVIEW PSA TITLE: PSA for the sale of scaffolding by East Coast Rigging & Contracting Co., LLC ("ECR") for use at Olympia Theater 1. AWARD DELEGATED AUTHORITY: ❑ Chief Procurement Officer — Authority level of $ ❑ City Manager — Authority level of $ ❑ City Commission — RESOLUTION No. 2. PROCUREMENT METHOD: ❑ RFP/RFQ ❑ IFB ❑ SOLE SOURCE ❑ PIGGY -BACK ❑ PROFESSIONAL SERVICES UNDER $25,000 ❑ OTHER (Please explain): Emergency Purchase 3. WHAT IS THE SCOPE OF SERVICES? ECR is selling a scaffolding system which is needed on an emergency basis at the Olympia Theater 4. IF CITYWIDE, WHAT ARE THE MOST FREQUENT USER DEPARTMENTS? DREAM, OCI 5. IS THE AWARDEE INCUMBENT? No. 6. IS THE PRICING HIGHER, LOWER OR THE SAME AS THE CURRENT CONTRACT? Purchasing scaffolding is cheaper over the lifetime of using the scaffolding when compared to renting the scaffolding. 7. WHEN DOES THE CURRENT CONTRACT EXPIRE? N/A 8. WHAT WAS THE PREVIOUS SPEND ON THE CURRENT CONTRACT? $2,494.25 per month. 9. WHAT IS THE METHOD OF AWARD (Group, Item by Item etc.)? Emergency Procurement under Emergency Memo No. 1 and Supplement No. 1 to Emergency Memo, dated June 26, 2023. PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF MIAMI, FLORIDA AND EAST COAST RIGGING & CONTRACTING COMPANY, LLC This PROFESSIONAL SERVICES AGREEMENT ("PSA" or "Agreement") made this 4th day of August in the year 2023 by and between THE CITY OF MIAMI, FLORIDA, a municipal corporation of the State of Florida (hereinafter "City"), and EAST COAST RIGGING & CONTRACTING COMPANY, LLC, a foreign limited liability corporation authorized to conduct business in Florida (hereinafter "Consultant"), with offices at 8221 Main Street, Laurel, MD 20724. RECITAL WHEREAS, pursuant to the City Manager's emergency finding that determined the circumstances surrounding the Olympia Theater and the Olympia Apartments ("Building") constitute a valid public emergency, and that it is most advantageous for the City to waive the requirements established in Section 287.055, Florida Statutes, otherwise known as the "Consultants' Competitive Negotiation Act," to engage 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. WHEREAS, the City, through action of the City Manager, has selected the Consultant to provide the professional services as described herein ("Services"). WITNESSETH, that the City and the Consultant, for the considerations herein set forth, agree as follows: Section 1. Recitals and Incoraorations. The foregoing recitals are true and correct and hereby incorporated into and made a part of this Agreement. The Consultant's Proposal No. HS2023-0711 REV3, dated June 10, 2023, is hereby incorporated into and made a part of this Agreement and attached hereto as Exhibit "A". The Consultant's Insurance Certificate is hereby incorporated into and made a part of this Agreement as attached Exhibit "B". The order of precedence whenever there is conflicting or inconsistent language between documents is as follows in descending order of priority: (1) Professional Services Agreement ("PSA"), and; Page 1 of 15 (2) Consultant's Proposal No. HS2023-0711 REV3, dated June 10, 2023, acknowledging the scope of services and the pricing component for the services. Section 2. Scope of Services. The Consultant agrees to provide the Services as specifically described, and under the Exhibit "A", which by this reference is incorporated into and made a part of this Agreement. Section 3. Remuneration. Audit and Inspection. A. The Consultant shall receive One Hundred Ninety -Eight Thousand Five Hundred Fifty - One Dollars and Fifty Cents ($198,551.50) for the Services specified herein Exhibit "A." The City, as it may deem in its best interest, reserves the right to request additional related goods and 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. 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. 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 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. Page 2 of 15 4 Section 6. Relationship Between Parties. 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. 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, work products, or any other materials whatsoever which are given by the City to Consultant, or which are otherwise obtained or prepared by Consultant pursuant to, or under the terms of this Agreement, are and shall at all times remain the property of the City. Consultant agrees not to use any such information, document, report, work product, or materials for any other purpose whatsoever without the written consent of City, which may be withheld or conditioned by the City, in its sole discretion. 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. Consultant shall indemnify, defend (at its own cost), save and hold harmless the City, its officers, agents, directors, employees, agencies, and instrumentalities (individually and collectively the "Indemnitees") against any civil actions, statutory or similar claims, injuries or damages arising or resulting from the Services, even if it is alleged that the Indemnitees were negligent. In the event that any action or proceeding is brought against the Indemnitees by reason of any such claim or demand, Consultant shall, upon written notice from the City, resist and defend (at its own cost) such action or proceeding by counsel satisfactory to the City. Consultant expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by Consultant shall in no way limit the responsibility to indemnify, defend, save and hold harmless the Indemnitees as herein provided. This indemnification provided above shall obligate Consultant to defend, at its own expense, to and through trial, administrative, appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at the City's option, for any and all claims of liability and all suits and actions of every name and description which may be brought against the Indemnitees, whether performed by Consultant, or persons employed or utilized by Consultant. These duties shall survive the cancellation or expiration of the Agreement. This Section shall be interpreted under the laws of the State of Florida, including without limitation and Page 3 of 15 40,1 interpretation, conformity with the limitations of Sections 725.06 and/or 725.08, Florida Statutes, as applicable and as amended. Consultant shall require all sub -contractor agreements to include a provision that each sub- contractor shall indemnify the Indemnitees in substantially the same language as this Section. Consultant agrees and recognizes that the Indemnitees shall not be held liable or responsible for any claims which may result from any actions or omissions of Consultant in which the City participated either through review or concurrence of Consultant's actions. In reviewing, approving or rejecting any submissions by Consultant or other acts of Consultant, the Indemnitees, in no way, assume or share any responsibility or liability of Consultant or sub- contractors under this Agreement. Ten dollars ($10.00) of the payments made by the City shall constitute separate, distinct, and independent consideration for the granting of this Indemnification, the receipt and sufficiency of which is voluntarily and knowingly acknowledged by 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 "B" "Insurance Requirements," hereto and incorporated by this reference. Section 9. Nondiscrimination. The Consultant shall not unlawfully discriminate against any person in its operations and activities or in its use or expenditure of funds in fulfilling its obligations under this Agreement. Consultant shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act ("ADA") in the course of providing any Services funded by the City, including Titles I and II of the ADA (regarding nondiscrimination on the basis of disability), and all applicable regulations, guidelines, and standards. In addition, Consultant shall take affirmative steps to ensure nondiscrimination in employment against disabled persons. Consultant affirms that it shall not discriminate as to race, age, religion, color, gender, gender identity, sexual orientation, national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully used in connection with its performance under this Agreement. Furthermore, Consultant affirms that no otherwise qualified individual shall solely by reason of their race, age, religion, color, gender, gender identity, sexual orientation, national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully used, be excluded from the participation in, be denied benefits of, or be subjected to, discrimination under any program or activity. In connection with the conduct of its business, including performance of Services and employment of personnel, Consultant shall not discriminate against any person on the basis of race, age, religion, color, gender, gender identity, sexual orientation, national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully used. All persons having appropriate qualifications shall be afforded equal opportunity for employment. Page 4 of 15 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 materials whatsoever which is given by the City or on behalf of the City to Consultant pursuant to or under the terms of this Agreement are, 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) keep and maintain public records that ordinarily and necessarily would be required by the City to perform the Services; (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 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 Services. If the Consultant transfers all public records to the City upon completion of the Agreement, 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 public records upon completion of the Agreement, 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. B. 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, Page 5 of 15 461 FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (305) 416-1800, VIA EMAIL AT PUBLICRECORDS@MIAMIGOV.COM, OR REGULAR MAIL AT CITY OF MIAMI OFFICE OF THE CITY ATTORNEY, 444 S.W. 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. For the Cit Arthur Noriega V City Manager Office of the City Manager City of Miami 444 S.W. 2nd Avenue, 10th Floor Miami, Florida 33130-1910 Email: ANoriega@miamigov.com Phone: 305-416-1025 Andrew Frey Director Department of Real Estate and Asset Management City of Miami 444 S.W. 2nd Avenue, 3rd Floor Page 6 of 15 Miami, FL 33130-1910 Email: AFrey@miamigov.com Phone: 305-416-1458 Annie Perez, CPPO Director Department of Procurement City of Miami 444 S.W. 2nd Avenue, 6th Floor Miami, Florida 33130-1910 Email: AnniePerez@miamigov.com Phone: 305-416-1910 Victoria Mendez City Attorney Office of the City Attorney City of Miami 444 S.W. 2nd Avenue, 9th Floor Miami, Florida 33130-1910 Email: VMendez@miamigov.com Phone: 305-416-1832 For the Consultant: Andrew Kerner President East Coast Rigging & Contracting Company, LLC 8221 Main Street Laurel, MD 20724 Email: Andrew@ecrscaffold.com Phone: (301) 362-8801 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 changes in regulations or the Code, upon written notice, or (b) termination pursuant to Section 5 hereof. Section 17. Severabilitv. 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, Page 7 of 15 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 attorneys' fees. 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. Section 21. Default. If Consultant fails to comply with any term or condition of this Agreement or fails to perform in any material way any of its obligations hereunder, and fails to cure such failure after reasonable notice from the City, then Consultant shall be in default. Consultant understands and agrees that termination of this Agreement under this section shall Page 8 of 15 not release Consultant from any obligation(s) accruing prior to the effective date of termination. Should Consultant be unable or unwilling to commence to perform the Services within the time provided or contemplated herein, then, in addition to the foregoing, Consultant shall be liable to the City for all expenses incurred by the City in preparation and negotiation of this Agreement, as well as all costs and expenses incurred by the City in the re -procurement of the Services, including consequential and incidental damages. Upon the occurrence of a default hereunder the City, in addition to all remedies available to it by law, may immediately, upon written notice to Consultant, terminate this Agreement whereupon all payments, advances, or other compensation paid by the City to Consultant while Consultant was in default shall be immediately returned to the City. If the City fails to comply with any term or condition of this Agreement or fails to perform in any material way any of its obligations hereunder, and fails to cure such failure after reasonable notice from Consultant, the City shall be in default, which shall be treated as a termination pursuant to Section 5. Section 22. Resolution of Aareement Disautes. Consultant understands and agrees that all disputes between Consultant and the City based upon an alleged violation of the terms of this Agreement by the City shall be submitted to the City Manager for his/her resolution, prior to Consultant being entitled to seek judicial relief in connection therewith. In the event that the amount of compensation hereunder exceeds Twenty -Five Thousand Dollars ($25,000.00), the City Manager's decision shall be approved or disapproved, as applicable, by the City Commission, whose decision shall be final. Consultant shall not be entitled to seek judicial relief, recourse, remedy or to file a civil action unless: (i) it has first received City Manager's written decision, approved or disapproved, as applicable, by the City Commission if the amount of compensation hereunder exceeds Twenty -Five Thousand Dollars ($25,000.00); or, (ii) a period of sixty (60) days has expired, after submitting to the City Manager a detailed statement of the dispute, accompanied by all supporting documentation, one hundred twenty (120) days if City Manager's decision is subject to City Commission approval); or, (iii) City has waived compliance with the procedure set forth in this section by a written instrument clearly waiving compliance, signed by the City Manager. In no event may the amount of compensation under this Section exceed the total compensation set forth in Section 3 of this Agreement. The adherence to this Section is the condition precedent to the institution of any civil action by the Consultant against the City. Section 23. Force Maieure. A "Force Majeure Event" shall mean an act of God, act of governmental body or military authority, fire, explosion, power failure, flood, storm, hurricane, sink hole, other natural disasters, epidemic, riot or civil disturbance, war or terrorism, sabotage, insurrection, blockade, or embargo not within the control of the Consultant. In the event that either party is delayed in the performance of any act or obligation pursuant to or required by the Agreement because of a Force Majeure Event as herein defined, the time for required completion of such act or obligation shall be extended by the number of days equal to the total number of days, if any, that such Force Majeure Event actually delays such party. The party seeking delay in performance shall give notice to the other party in writing, within two (2) days of the Force Majeure Event, specifying the anticipated duration of the delay, and, if such delay shall extend beyond the duration specified in such notice, additional notice shall Page 9 of 15 be repeated no less than monthly so long as such delay due to a Force Majeure Event continues. Any party seeking delay in performance due to a Force Majeure Event shall use its best efforts to rectify any condition causing such delay and shall cooperate with the other party to overcome any delay that has resulted. Section 24. City Not Liable for Delays. Consultant hereby understands and agrees that in no event shall the City be liable for, or responsible to Consultant or any subconsultant, or to any other person, firm, or entity for or on account of, any stoppages or delay(s) in work herein provided for, or any damages whatsoever related thereto, because of any injunction or other legal or equitable proceedings or on account of any delay(s) for any cause over which the City has no control. The sole remedy which may be granted to the Consultant, in the reasonable discretion of the City Manager, following a prompt and detailed request to be officially transmitted by the Consultant, is an extension of time. No other recourse or remedy will be available to the Consultant against the City. Section 25. Use of Name. Consultant understands and agrees that the City is not engaged in research for advertising, sales promotion, or other publicity purposes. Consultant is allowed, within the limited scope of normal and customary marketing and promotion of its work, to use the general results of this project and the name of the City. The Consultant agrees to protect any confidential information provided by the City and will not release information of a specific nature without prior written consent of the City Manager or the City Commission. Section 26. No Conflict of Interest. Pursuant to City of Miami Code Section 2-611, as amended ("City Code"), regarding conflicts of interest, Consultant hereby certifies to the City that no individual member of Consultant, no employee, and no subconsultant under this Agreement nor any immediate family member of any of the same is also a member of any board, commission, or agency of the City. Consultant hereby represents and warrants to the City that throughout the term of this Agreement, Consultant, its employees, and its subconsultants will abide by this prohibition of the City Code. Section 27. No Third -Party Beneficiary. No persons other than the Consultant and the City (and their successors and assigns) shall have any rights as an express or implied third -party beneficiary whatsoever under this Agreement. Section 28. No Third -Party Beneficiary, No persons other than the Consultant and the City (and their successors and assigns) shall have any rights as an express or implied third -party beneficiary whatsoever under this Agreement. Section 29. Truth -In -Negotiation Certification. Representation. and Warranty. Consultant hereby certifies, represents and warrants to the City that on the date of Consultant's execution of this Agreement, and for so long as this Agreement shall remain in full force and effect, the wage rates and other factual unit costs supporting the compensation to Consultant under this Agreement are and will continue to be accurate, complete, and current. Consultant understands, agrees, and acknowledges that the City shall adjust the amount of the compensation and any additions thereto to exclude any significant sums by which the City determines the Agreement price of compensation hereunder was increased Page 10 of 15 due to inaccurate, incomplete, or non -current wage rates and other factual unit costs. All such Agreement adjustments shall be made within one (1) year of the end of this Agreement, whether naturally expiring or earlier terminated pursuant to the provisions hereof. Section 30. E-Verify Employment Verification. Consultant shall E-Verify the employment status of all employees and subconsultants to the extent required by federal, state, and local laws, rules, and regulations. The City shall consider the employment by Consultant of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If the Consultant knowingly employs unauthorized aliens, such violation shall be cause for termination of the Agreement. Furthermore, Consultant agrees to utilize the U.S. Agency of Homeland Security's E-Verify System, https://e-verify.uscis.gov/emp, to verify the employment eligibility of all employees during the term of this Agreement. The Consultant shall also include a requirement in subconsultant agreements that the subconsultant shall also utilize the E-Verify System to verify the employment eligibility of all employees of the subconsultant during the term of this Agreement. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Page 11 of 15 IN WITNESS WHEREOF, the parties have executed this Amendment as of the day and year first above written. WITNESS/ATTEST: "Consultant" East Coast Rigging & Contracting Company, LLC, a Foreign Limited Liability Corporation "f&,„„,. Mark Kerner, Vice President Andrew Kerner, President ATTEST: "City" C CITY OF MIAMI, a Florida municipal DocuSigned by: corporation ...—DocuSignetl by Qvftwr hbvity. Todd B. Hannon, City Clerk Arthur Noriega V, City Manager APPROVED AS TO INSURANCE REQUIREMENTS: APPROVED AS TO LEGAL FORM AND CORRECTNESS: DS DocuSignetl by �oosqea nv: - r— S Ann Marie -Sharpe, Director Victoria Mendez, City Attorney (Matter 23-1907) Risk Management Department Page 12 of 15 CERTIFICATE OF AUTHORITY (IF A CORPORATION OR AN LLC) I HEREBY CERTIFY that at a meeting of the Board of Directors/Managers of East Coast Rigging & Contracting Company, LLC, a company organized and existing under the laws of the State of Maryland, held on the 4th day of August, 2023 a resolution was duly passed and adopted authorizing Andrew Kerner as President of the Company to execute agreements on behalf of the Company and providing that their execution thereof, attested by the Secretary of the Company, shall be the official act and deed of the Company. I further certify that said resolution remains in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this 4th day of August, 2023. Secretary: Print: Andrew Kerner NOTARIZATION STATE OF MARYLAND COUNTY OF QUEEN ANNE'S The foregoing instrument was acknowledged before me this 4th day of August, 2023, by Andrew Kerner, who is personally known to me or who has produced Maryland Driver's License as identification and who (did/did not) take an oath. i SI NATURE 0ITAFZ Y"L C STATE OF MARYLAND k6 1filil La k, iJ / ;,1� «�,Nj�ss. PRINTED, STAMPED • YPED �\.:11 �1i NAME OF NOTARY PUBLIC407 .ern '� ',,-� • to •`OA, ••••••N••• t+,;* * /,;'61 CO')'\' Page 13 of 15 A 1„ EXHIBIT "A" CONSULTANT'S PROPOSAL NO. HS2023-0711 REV3, DATED JUNE 10, 2023 Page 14 of 15 40,1 ECRS a ConTonos Company EAST COAST RIGGING Et SCAFFOLDING ECRS-East Coast Rigging & Scaffolding 8221 Main Street 3130 NW 17th Street Laurel, MD. 20724 Lauderhill, FL 33311 Office 301.362.8801 • FL Office 941.616.8487 Date: 06.10.23 Proposal No: HS2023-0711 REV3 Customer: City of Miami Office Of Capital Improvement Jobsite: Attn: Marisol Martinez 444 SW 2nd Ave., 8th Floor Miami, FL 33130 Olympia Theater HD Overhead Pedestrian Protection 174 E Flagler St. Miami, FL 33131 Phone: 305.416.1219 Proposed by: Heather Stewart Cell: 305.416.1219 Mobile: 786.510.7113 Email: marmartinez@miamigov.com Email: Hstewart@ecrscaffold.com For the following prices, East Coast Rigging & Scaffolding further noted as (ECRS), agrees to furnish City of Miami Office of Capital Improvement (Customer) for its' project previously referenced. ECRS - East Coast Rigging & Scaffolding (ECRS) proposes to Supply S&S Engineer Drawings, Equipment, Erect, & Dismantle Heavy Duty 20KShoring Overhead Platform for SE 2ndAve & Flagler at 10' Hx 290 LF Ref Shoring Engineer Drawing #(TBD) Per parameters set forth by ANSI & OSHA Standards regarding scaffold designs and erection practices the following is proposed. MARYLAND — VIRGINIA — DC - FLORIDA — INDIANA -THE CAROLINAS - PENNSLYVANIA ECRS a ConTonos Company EAST COAST RIGGING Et SCAFFOLDING Purchase: 290 LF OHP/Staging Platform System: ECRS - East Coast Rigging & Scaffolding will Supply an Engineered 20K Shoring Overhead pedestrian Protection Walk Tunnel. The OHP/Staging Platform will be built using Used/Good Conditioned Multi -Props and Ledger Frames, Steel and or Aluminum Beams, & Plywo od approximately 290 Liner feet starting at the end of the Alley on SE 2nd Ave going around the corner of East Flagler Street approximately 7'Wide with a minimum height clearance of 8 ft High. This System will also include a 4 'High Parapet to go around the Perimeter & OHP to include lighting. ECRS Will Field Verify. The OHP will meet or exceed Florida Building Code/OSHA required minimum standards. Purchase Price 290 LF HD OHP: Engineer Drawings: Inspection: Permit: Purchase: Installation: Consumables: Freight: Taxes: Additional Repairs: OT Differential: Taxes: $ 4,000.00 (Florida License Engineer S&SDrawings) $ 500.00 (Florida License Engineer 1- Inspection Visit) $ 6,000.00 (Fees to the City) $ 100,904.00 (1 year warranty Purchase) $ 19,440.00 (Straight -time) $ 23,121.56 (Metal Deck, Plywood, 2x4Ties, Misc. Safety) $ 1,400.00 (Round-trip Freight-est. 2 truckloads) $ 10,875.58 Projected Cost to Purchase: $166,241.14 $ 20,000.00 (Future Materials/ Labor for Repairs) $ 11,505.50 (After -hour Labor) $ 805.35 Projected Cost: $32,310.35 Grand Total: $198,551.50 MARYLAND — VIRGINIA — DC - FLORIDA — INDIANA -THE CAROLINAS - PENNSLYVANIA EAST COAST RIGGING Er SCAFFOLDING Added Repairs: East Coast Rigging & Scaffolding Proposes to Supply Additional Labor Services & Materials for any added repairs up to the amount of: $20,000.00 including taxes. This proposal quote will carry a 1-year Warranty for equipment sold as of the purchase date. All Used Equipment is sold "as -is" in good/excellent condition. Customer Responsibility: Please review, date, sign and return via email to FloridaSupportAecrscaffold.com Thanks. MARYLAND — VIRGINIA — DC - FLORIDA — INDIANA -THE CAROLINAS - PENNSLYVANIA EAST COAST RIGGING Er SCAFFOLDING N (3) tap ca MARYLAND - VIRGINIA - DC - FLORIDA - INDIANA -THE CAROLINAS - PENNSLYVANIA (4) EAST COAST RIGGING Er SCAFFOLDING MARYLAND - VIRGINIA - DC - FLORIDA - INDIANA -THE CAROLINAS - PENNSLYVANIA EXHIBIT "B" INSURANCE Page 15 of 15 ACORO® CERTIFICATE OF LIABILITY INSURANCE `---- DATE(MM/DD/YYYY) 7/18/2023 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 The Graham Company The Graham Building 1 Penn Square West Philadelphia PA 19102- CONTACT John Kilgarriff/Brett Nealis PHONE FAX (A/C No Ext): 215-701-5325 (A/C,No): E-MAIL ADDR ESS: Kilgarriff_Unit@grahamco.com INSURER(S) AFFORDING COVERAGE NAIC # INSURERA: Zurich -American Insurance Company 16535 INSURED INCOIND-02 East Coast Rigging & Contracting Co. PO Box 845 Stevensville, MD 21666 INSURERB: Allied World National Assurance Company 10690 INSURER C: Acceptance Indemnity Insurance Company 20010 INSURERD: INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 207819544 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER D CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIB % EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID C l•. D ABOVE FOR THE POLICY PERIOD I NT WITH RESPECT TO WHICH THIS -EIN IS SUBJECT TO ALL THE TERMS, INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF (MMIDD/YYYY) POL (MN' ` LIMITS A X COMMERCIAL GENERAL LIABILITY Y GLO 6293951 _v\ v 7/1/2023 O O `'� /'Q/ ~ 4 YV1 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) $ 100,000 MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE X LIMIT APPLIES Tar- X PER: LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS -COMP/OP AGG $ 2,000,000 $ A AUTOMOBILE X LIABILITY ANY AUTO OWNED SCHEDULED AUTOS NON -OWNED AUTOS ONLY Y BAP 6293953 J /� cV 7/1/2023 7/1/2024 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ A X UMBRELLA LIAB EXCESS LIAB X O OCCUR CLAIMS -MADE Y AUC 62 7 7/1/2023 7/1/2024 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 DED RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y/N N 0 N N}'� ///J Y( `��� )ryC6293952 _ 7/1/2023 7/1/2024 X PER STA OTH- ER ER E.L. EACH ACCIDENT $ 1,000,000 E.L.``/ DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 B C Pollution/Professional Liability Excess Liability 0312-9540 EMM0000972 01 7/1/2023 7/1/2023 7/1/2024 7/1/2024 Each Occur/Aggregate Per Occ/Agg $5M/$5M $5M/$5M DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: Olympia Theater, HD Overhead Pedestrian Protection 174 E Flagler St. Miami, FL 33131 City of Miami is an additional insured on the above General Liability, Auto Liability and Umbrella Liability Policies if required by written contract. Prior to loss, and if required by written contract, Waiver of Subrogation is provided on Workers Compensation Policy for work performed under contract if permissible by state law. CERTIFICATE HOLDER CANCELLATION City of Miami, Office of Capital Improvement 444 SW2 Avenue, 8th Floor Attn: Marisol Martinez Miami FL 33130 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE J% ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Coverage Extension Endorsement ZURICH Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer No. Add'1. Preen Return Prem. BAP 6293953 07/01/2023 07/01/2024 10521000 INCL THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Business Auto Coverage Form Motor Carrier Coverage Form A. Amended Who Is An Insured 1. The following is added to the Who Is An Insured Provision in Section II — Covered Autos Liability Coverage: The following are also "insureds": a. Any "employee" of yours is an "insured" while using a d "auto" you don't own, hire or borrow for acts performed within the scope of employment by yo "employee" of yours is also an "insured" while operating an "auto" hired or rented under a co or agreement in an "employee's" name, with your permission, while performing duties related to thenduct of your business. b. Anyone volunteering services to you is ag red" while using a covered "auto" you don't own, hire or borrow to transport your clients or otherarsons in activities necessary to your business. c. Anyone else who furnishes an "auto" Orenced in Paragraphs A.1.a. and A.1.b. in this endorsement. d. Where and to the extent permitt,e0 law, any person(s) or organization(s) where required by written contract or written agreement with your Cecuted prior to any "accident", including those person(s) or organization(s) directing your work pursuant to s•uch written contract or written agreement with you, provided the "accident" arises out of operations governed by such contract or agreement and only up to the limits required in the written contract or writagreement, or the Limits of Insurance shown in the Declarations, whichever is less. 2. The following is added to''the Other Insurance Condition in the Business Auto Coverage Form and the Other Insurance — Primary and Excess Insurance Provisions Condition in the Motor Carrier Coverage Form: Coverage for any person(s) or organization(s), where required by written contract or written agreement with you executed prior to any "accident", will apply on a primary and non-contributory basis and any insurance maintained by the additional "insured" will apply on an excess basis. However, in no event will this coverage extend beyond the terms and conditions of the Coverage Form. B. Amendment — Supplementary Payments Paragraphs a.(2) and a.(4) of the Coverage Extensions Provision in Section II — Covered Autos Liability Coverage are replaced by the following: (2) Up to $5,000 for the cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work. U-CA-424-F CW (04-14) Page 1 of 6 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Additional Insured — Automatic — Owners, Lessees Or Contractors ZURICH THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Policy No. GLO 6293951 Effective Date: 7/1/2023 This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part OV A. Section II — Who Is An Insured is amended to include as an additional insured any person or organization whom you are required to add as an additional insured under a written contract or written agreement executed by you, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" and subject to the following: 1. If such written contract or written agreement specifically requires that you provide that the person or organization be named as an additional insured under one or both of the following endorsements: a. The Insurance Services Office (ISO) ISO CG 20 10 (10/01 edition); or b. The ISO CG 20 37 (10/01 edition), such person or organization is then an additional insured with respect to such endorsement(s), but only to the extent that "bodily injury", "property damage" or "personal and advertising injury" arises out of: (1) Your ongoing operations, with respect to Paragraph 1.a. above; or (2) "Your work", with respect to Paragraph 1.b. above, which is the subject of the written contract or written agreement. However, solely with respect to this Paragraph 1., insurance afforded to such additional insured: (a) Only applies if the "bodily injury", "property damage" or "personal and advertising injury" offense occurs during the policy period and subsequent to your execution of the written contract or written agreement; and (b) Does not apply to "bodily injury" or "property damage" caused by "your work" and included within the "products -completed operations hazard" unless the written contract or written agreement specifically requires that you provide such coverage to such additional insured. 2. If such written contract or written agreement specifically requires that you provide that the person or organization be named as an additional insured under one or both of the following endorsements: a. The Insurance Services Office (ISO) ISO CG 20 10 (07/04 edition); or b. The ISO CG 20 37 (07/04 edition), such person or organization is then an additional insured with respect to such endorsement(s), but only to the extent that "bodily injury", "property damage" or "personal and advertising injury" is caused, in whole or in part, by: (1) Your acts or omissions; or (2) The acts or omissions of those acting on your behalf, U-GL-2162-A CW (02/19) Page 1 of 4 Includes copyrighted material of Insurance Services Office, Inc., with its permission. b. With respect to ongoing operations (if no form is specified), such person or organization is then an additional insured only to the etb at "bodily injury", "property damage" or "personal and advertising injury" is caused, in whole or in part by: (1) Your acts or omissions; or (2) The acts or omissions of those acting on your behalf, in the performance of your ongoing operations, which is the subject of the written contract or written agreement. However, solely with respect to this Paragraph 3., i&ance afforded to such additional insured: (a) Only applies to the extent permitt d b law; (b) Will not be broader than tha ich you are required by the written contract or written agreement to provide for such additional,ii ed; and (c) Only applies if the "boc injury", "property damage" or "personal and advertising injury" offense occurs during the polio eriod and subsequent to your execution of the written contract or written agreement. 4. If neither Paragraph 1. no ' r graph 2. above apply and such written contract or written agreement requires that you provide that the pe istf or organization be named as an additional insured: a. Under the ISO 37 (04/13 edition, any subsequent edition or if no edition date is specified); or b. With respect to the "products -completed operations hazard" (if no form is specified), such person or organization is then an additional insured only to the extent that "bodily injury" or "property damage" is caused, in whole or in part by "your work" and included in the "products -completed operations hazard", which is the subject of the written contract or written agreement. However, solely with respect to this Paragraph 4., insurance afforded to such additional insured: (1) Only applies to the extent permitted by law; (2) Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured; (3) Only applies if the "bodily injury" or "property damage" occurs during the policy period and subsequent to your execution of the written contract or written agreement; and in the performance of: (a) Your ongoing operations, with respect to Paragraph 2.a. above; or (b) "Your work" and included in the "products -completed operations hazard", with respect to Paragraph 2.b. above, which is the subject of the written contract or written agreement. However, solely with respect to this Paragraph 2., insurance afforded to such additional insured: (i) Only applies if the "bodily injury", "property damage" or "personal and advertising injury" offense occurs during the policy period and subsequent to your execution of the written contract or written agreement; and (ii) Does not apply to "bodily injury" or "property damage" caused by "your work" and included within the "products -completed operations hazard" unless the written contract or written agreement specifically requires that you provide such coverage to such additional insured. 3. If neither Paragraph 1. nor Paragraph 2. above apply and such written contract or written agreement requires that you provide that the person or organization be named as an additional insured: a. Under the ISO CG 20 10 (04/13 edition, any subsequent edition or if no editiort Late is specified); or frj U-GL-2162-A CW (02/19) Page 2 of 4 Includes copyrighted material of Insurance Services Office, Inc., with its permission. (4) Does not apply to "bodily injury" or "property damage" caused by "your work" and included within the "products -completed operations hazard" unless the written contract or written agreement specifically requires that you provide such coverage to such additional insured. B. Solely with respect to the insurance afforded to any additional insured referenced in Section A. of this endorsement, the following additional exclusion applies: This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or 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. C. Solely with respect to the coverage provided by this endorsement, the following is a ed to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of Section IV — Commercial Gen al Liability Conditions: The additional insured must see to it that:` I/j (1) We are notified as soon as practicable of an "occurrence" or offense`tI of may result in a claim; (2) We receive written notice of a claim or "suit" as soon as practicable; and (3)A request for defense and indemnityof the claim or "suit" i be brought against anypolicyissued q promptly g g� by another insurer under which the additional insured m an insured in any capacity. This provision does not apply to insurance on which the additional insures Named Insured if the written contract or written agreement requires that this coverage be primary ks'non-contributory. D. Solely with respect to the coverage provided by this endorsement: 1. The following is added to the Other Insurance -Condition of Section IV — Commercial General Liability Conditions: Primary and Noncontributory insurance This insurance is primary to and hot seek contribution from any other insurance available to an additional insured provided that: a. The additional insuredCy Named Insured under such other insurance; and b. You are required,.. itten contract or written agreement that this insurance be primary and not seek contribution fro y other insurance available to the additional insured. 2. The following paragra• is added to Paragraph 4.b. of the Other Insurance Condition under Section IV — Commercial General Liability Conditions: This insurance is excess over: Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional insured, in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same "occurrence", offense, claim or "suit". This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by a written contract or written agreement to provide coverage to the additional insured on a primary and non-contributory basis. E. This endorsement does not apply to an additional insured which has been added to this Coverage Part by an endorsement showing the additional insured in a Schedule of additional insureds, and which endorsement applies specifically to that identified additional insured. U-GL-2162-A CW (02/19) Page 3 of 4 Includes copyrighted material of Insurance Services Office, Inc., with its permission. F. Solely with respect to the insurance afforded to an additional insured under Paragraph A.3. or Paragraph A.4. of this endorsement, the following is added to Section III — Limits Of Insurance: Additional Insured — Automatic — Owners, Lessees Or Contractors Limit The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the written contract or written agreement referenced in Section A. of this endorsement; or 2. 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. All other terms, conditions, provisions and exclusions of this policy remain the same. U-GL-2162-A CW (02/19) Page 4 of 4 Includes copyrighted material of Insurance Services Office, Inc., with its permission. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 04-84) 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 anyone not named in the Schedule. Schedule Where Required by Written Contract This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Policy No. WC 6293952 Endorsement No. Insured Incorp Industries, LLC Premium $ Insurance Company Zurich- American Insurance Company Countersigned by WC124 (4-84) WC 00 03 13 Copyright 1983 National Council on Compensation Insurance, Inc. Page 1 of 1 Uniform Forms' From: Quevedo, Terry To: Griffin. James' Gomez Jr.. Francisco (Frank) Cc: Carbonell. Aileen' Johnson. Charles' Gandarilla. Aimee Subject: RE: City of Miami/ Olympia Theater HD OHP Revised Proposal Date: Tuesday, August 8, 2023 1:14:49 PM Attachments: imaae004.onq imaae007.onq imaae008.pnq imaae009.onq imaae01.0.nnq imaae011.pnq imaae012.pnq Good Afternoon James, The certificate is adequate. Regards, /11 ateaea J City of Miami Risk Management Department 9th Floor 444 SW 2"d Avenue Miami, Florida 33130 (305) 416-1641 Office (305) 416-1710 Fax Tqueve do@miamigov. com .Seeal:ry, gisrknei:v, a:rd 7¢4:r#Drat r,raromu:ritry From: Griffin, James <JGriffin@miamigov.com> Sent: Tuesday, August 8, 2023 1:07 PM To: GomezJr., Francisco (Frank) <FGomez@miamigov.com> Cc: Quevedo, Terry <TQuevedo@miamigov.com>; Carbonell, Ailee <CJohnson@miamigov.com>; Gandarilla, Aimee <AGandarilla Subject: FW: City of Miami/ Olympia Theater HD OHP Revise Proposal Hi Frank: a 6onell@miamigov.com>; Johnson, Charles v.com> I received another COI (first attachment) from��st Rigging despite having a COI that was already approved (last attachment). Please review and approve the latest COI if it affords ty better coverage. The PSA and Quote from ECR are also attached. Thanks. Regards, James Justin Griffin Phone: (305) 416-1949 Email: JGriffin@miamigov.com From: Jennifer Hammond <jennifer@ecrscaffold.com> Sent: Tuesday, August 8, 2023 7:47 AM To: Carbonell, Aileen <ACarbonell@miamigov.com> Cc: vranger@ecrscaffold.comi cindy@ecrscaffold.comi hstewart@ecrscaffold.com• floridasu000rt@ecrscaffold.com- atamariz@ecrscaffold.comi Griffin, James <JGriffin@miamigov.com> Subject: Re: City of Miami/ Olympia Theater HD OHP Revised Proposal 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. Good morning, Your COI is attached. Please let me know if you need anything else. Thank you, Jennifer Hammond East Coast Rigging & Contracting Co. PO Box 845 Stevensville, MD 21666 P: 301-362-8801 E: jennifer@ecrscaffold.com On Wed, Jul 19, 2023 at 11:19 AM Carbonell, Aileen <ACarbonell@miamigov.com> wrote: Good morning, Please provide an updated insurance for our Risk Management to review and approve. Thank you. Be advised that as required per contract, a valid copy of your company Liability, Workers Compensation, and Auto insurance must be on file and approved by our Risk Management Department. In order to have the insurance approved by Risk Management, they are requesting the Description of Operations to read as follows along with updated dates of expiration: "City of IWami as additional insured with respect to General Liability and Auto Liability. Primary and non-contributory langu +ific uded for General Liability and Auto." (see attachment). Reminder: City of Miami must be listed as the Certificate Holderthe updated insurance is submitted, it will be sent for approval. A copy of a previously approved COI has been attached with trip Ion requested highlighted for reference. Should you have any questions or concerns, please do not hesitate to contact me at ipfpr\ion listed below. Kind regards, Aileen Carbonell, MPA Procurement Assistant Department of Procurement 444 SW 2nd Avenue, 6tnFloor Miami, Florida 33130 Office: (305) 416-1922 Facsimile: (305) 416-1925 Email: acarbonell@miamigov.com Website: httos://www.miamieov.com/Government • O O d(/ Deoarjm en Organizations/Procurement "Serving, Enhancing, and Trans in our Community" ent4.. Mission: The City of Miami ervices at the best value for the City, while providing excellent customer service, process efficiency, of Procurement's mission is to ethically procure quality goods and services, design, construction and construction manag-'S' t transparency, fairness, .:y tition, accountability, and maintaining public trust. 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. From: Griffin, James <JGriffin@miamigov.com> Sent: Tuesday, July 18, 2023 8:13 AM To: vranger@ecrscaffold.com Cc: Bernat, Hannah <HBernat@miamigov.com>. Carbonell, Aileen <ACarbonell@miamigov.com>- Johnson, Charles <CJohnson@miamigov.com>. Hansen, Anthony <AMHansen@miamigov.com> Subject: RE: City of Miami/ Olympia Theater HD OHP Revised Proposal Sincerely, Hi Virginia: A certificate of insurance (COI) can be provided to Aileen Carbonell, who is cc'd on this email. Aileen will liaise with ECR and the City's Risk Management department to get the COI approved. In the meantime, I am working on drafting an Agreement that meets the City's legal and procurement specifications. I will keep you posted and hope to get the Agreement to you later this week. Thank you. Regards, James Justin Griffin Phone: (305) 416-1949 Email: JGriffinPmiamigov.com From: Bernat, Hannah <HBernat(t miamigov.com> Sent: Tuesday, July 18, 2023 8:07 AM �� To: Virginia Ranger <vrangerPecrscaffold.com> Cc: Heather Stewart <hstewartPecrscaffold.com>- ECRS Fort Lauderdale <floridasu•.ort ; Amarilys Tamariz <atamarizPecrscaffold.com>. Santana, Yunior <Ysantana(t miamigov.com>. Griffin, James <1Griff igov.com>; Johnson, Charles <CJohnsonPmiamigov.com>- Hansen, Anthony <AMHansenPmiamigov.com>-Cindy Grimes <V\..ecrscaffold.com>;Martinez, Marisol <marmartinez@miamigov.com>- Pope, Richard <rpope(�miamigov.com> 1 Subject: RE: City of Miami/ Olympia Theater HD OHP Revised Proposal Good morning Virginia, I hope that your day is going well. I received your voicemail. Please find attached our COI requirement or �ffolding. James Justin Griffin, copied on this email, is the Senior Procurement Contracting Officer working on this. He will be reac inwith any other requirements including the agreement to our Terms and Conditions. I( For now, if you email me the COI with the additional r 4..u.irtgnents attached, I will submit it to our Risk Management Department for approval. Please feel free to reach out to Mr. Griffin o 40 any questions or concerns. O 4h M. Manzo (Bernat), CPRP for Project Representative Real Estate and Asset Management (DREAM) City of Miami 444 SW 2 Avenue, 3 Floor, Miami, FL 33130 (305) 416-1471 From: Cindy Grimes <cindyPecrscaffold.com> Sent: Monday, July 17, 2023 9:39 AM To: Bernat, Hannah <HBernatPmiamigov.com> Cc: Heather Stewart <hstewartPecrscaffold.com>. Martinez, Marisol <marmartinezPmiamigov.com>- Pope, Richard <rpopePmiamigov.com>. Virginia Ranger <vrangerPecrscaffold.com>- ECRS Fort Lauderdale <floridasupportPecrscaffold.com>- Amarilys Tamariz <atamarizPecrscaffold.com>- Santana, Yunior <Ysantana(@miamigov.com> Subject: Re: City of Miami/ Olympia Theater HD OHP Revised Proposal 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. Good Morning, I have logged into the account and there is nothing for me to complete. Please advise. Thankyou Please send all payments to our new P.O. Box: East Coast Rigging & Contracting P.O. Box 845 Stevensville, MD 21666 Cindy Grimes Accounts Receivable Specialist East Coast Rigging & Contracting Co, Inc Cindy@ecrscaffold.com Office: 301-362-8801 Cell: 443-336-0098 O !i e On Fri, Jul 14, 2023 at 3:29 PM Bernat, Hannah Good afternoon Heather, greb VO I want to clarify that until we can issue a Purchase Order (PO ,C>pnot provide a notice to proceed. Some outstanding items that must be completed prior t giving official notice to proceed include: • Agreement with our Terms and Condi n Q ' • COI approved by our Risk Manage artment • Executed Professional Services Agnt Our Procurement Department rOhe official notice to proceed and will continue to work with you on this item. Thankyou for your patie 1 Sincerely, Hannah M. Manzo (Bernat), CPRP Senior Project Representative Real Estate and Asset Management (DREAM) City of Miami 444 SW 2 Avenue, 3 Floor, Miami, FL 33130 (305) 416-1471 From: Heather Stewart <hstewartPecrscaffold.com> Sent: Friday, July 14, 2023 3:03 PM To: Martinez, Marisol <marmartinezPmiamigov.com>: Bernat, Hannah <HBernatPmiamigov.com> Cc: Pope, Richard <rpopePmiamigov.com>: Virginia Ranger <vrangerPecrscaffold.com>- ECRS Fort Lauderdale <floridasupportPecrscaffold.com>: Amarilys Tamariz <atamarizPecrscaffold.com>- Santana, Yunior <YsantanaPmiamigov.com> Subject: RE: City of Miami/ Olympia Theater HD OHP Revised Proposal 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. Thank you Marisol. I will forward this along so that we can proceed with the next steps to get the ball rolling for this. I will be in touch- have a great weekend too! Heather Stewart Territory Access Manager ECRS - A CONTERAS COMPANY 3130 N.W. 17th Street Lauderhill, Florida 33311 Mobile: (786) 510-7113 I Email: HStewart@ECRScaffold.com EAST COAST RIGGING fi SCAFFOLDING Click Here for more Info! Scaffolding, Temporary Re -Shoring, Trash Chutes, Stair Towers, Safety Netting, Swing Stages, Safety Equipment, Temporary Fencing, Personnel/Material (Buck) Hoists, Mast Climbing Work Platforms, Labor and Zeering Services FLORIDA — MARYLAND — D.C. — VIRGINIA — THE CAROLINAS — PENNSYLVANIA — I Proud Members of: sAE ,� Florida . East Coast „„a,„., ,,L' Associated Builders and Contractors CSF "YOUR PREFERRED PROVIDER FOR DIFFICULT ACCESS SOLUT From: Martinez, Marisol <marmartinez@miami ov.c m Sent: Friday, July 14, 2023 8:52 AM To: 'Heather Stewart' <hstewart@ecrscaffold. m>, nat, Hannah <HBernat@miamigov.com> Cc: Pope, Richard <rpope@miamigov.com>- an er@ecrscaffold.com' <vrangerPecrscaffold.com>-'ECRS Fort Lauderdale' <floridasupportPecrscaffold.com>. 'Am ariz' <atamarizPecrscaffold.com>- Santana, Yunior <YsantanaPmiamigov.com> Subject: RE: City of Miami/ Olympia TD OHP Revised Proposal Good morning Heather, 4q1... O o Attached approved pro I�(de will send the PO when is issued. Have a good weekend. P Regards 0 0 C I Marisol Martinez S. MBA- PMP® Project Manager City of Miami Office of Capital Improvements 444 SW 2nd Avenue, 8th Floor Miami, Florida 33130 Office: (305) 416-1219 Email: ma rma rti nez@miamigov.com Building a stronger. more resilient Miami ©ei From: Martinez, Marisol Sent: Thursday, July 13, 2023 5:00 PM To: 'Heather Stewart' <hstewart@ecrscaffold.com>: Bernat, Hannah <HBernat(6 miamigov.com> Cc: Pope, Richard <rpope(0 miamigov.com> vrangerPecrscaffold.com: ECRS Fort Lauderdale <floridasupport@ecrscaffold.com>- Amarilys Tamariz <atamarizPecrscaffold.com>: Santana, Yunior <Ysantana@miamigov.com>: Frey, Andrew <AFrey@miamigov.com>: Badia, Hector<hbadia@miamigov.com> Subject: RE: City of Miami/ Olympia Theater HD OHP Revised Proposal Importance: High Good afternoon, Thanks Heather. We will send to you the proposal signed and process the PO. We will keep you posted to move forward with the design. Hannah, attached is the final proposal based on DREAM's decision of purchasing the scaffolding. Please get it dated and signed and process the PO. Let me know if any question. Regards Marisol Martinez S. MBA- PMP® Project Manager City of Miami Office of Capital Improvements 444 SW 2nd Avenue, 8th Floor Miami, Florida 33130 Office: (305) 416-1219 Email: ma rma rti nez@miamigov.com Building a stronger, more resilient Miami umo From: Heather Stewart<h ewart( aff.l...m Sent: Thursday, June 22, 2023 .,, M To: Martinez, Marisa) <ma)ti-z@miamigov.com> Cc: Pope, Richard <tpot :f ' migov.com>; Bernat, Hannah <HBernat( miamigov.com>- vrangerPecrscaffold.com- ECRS Fort Lauderdale <floridas ry • . • ecrscaffold.com>; Amarilys Tamariz <atamarizPecrscaffold.com> Subject: City of Miami Olympia Theater HD OHP Revised Proposal 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. Marisol, Please see the attached proposal for which we discussed yesterday regarding the 4 ft Parapet at the top of the OHP Canopy as well as including the OT Differential to do the work at night time should the sidewalk can't be closed to perform the work during daytime hours. Please review and let me know if you have any other questions. Kindly, Heather Stewart Territory Access Manager ECRS - A CONTERAS COMPANY 3130 N.W. 17th Street Lauderhill, Florida 33311 Mobile: (786) 510-7113 I Email: HStewartl@ECRScaffold.com EAR EAST COAST RIGGING A SCAFFOLDING Click Here for more Info! Scaffolding, Temporary Re -Shoring, Trash Chutes, Stair Towers, Safety Netting, Swing Stages, Safety Equipment, Temporary Fencing, Personnel/Material (Buck) Hoists, Mast Climbing Work Platforms, Labor and Engineering Services FLORIDA — MARYLAND — D.C. — VIRGINIA — THE CAROLINAS — PENNSYLVANIA — INDIANA Proud Members of: 'ABCFlorida SAW East Coast „„r,., ,,g,.Associa.d Builders and Contractors e CASF "YOUR PREFERRED PROVIDER FOR DIFFICULT ACCESS SOLUTIONS" Olivera, Rosemary From: Gandarilla, Aimee Sent: Thursday, August 24, 2023 10:58 AM To: Hannon, Todd Cc: Lee, Denise; Olivera, Rosemary; Brown, Sadie; Cabrera, Paola Subject: Matter 23-1907 PSA for East Coast Rigging Attachments: PSA_with_East_Coast_Rigging_Contracting_Com.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, airnee garcdwriaa Procurement Assistant City of Miami Department of Procurement 444 SW 2' Avenue, 6th floor, Miami, FL 33130 P(305) 416-1906 F(305) 400-5338 Eagandarilla@miamigov.com https://miamigov.com/Government/Departments-Organizations/Procurement '.- cap. 1 ti -},png, Enhancing, and Transforming our Community" 1