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Home My WebLink AboutR-22-0210°xCity of Miami �y�`_ Resolution R-22-0210 alldl 11 li.Rl I + Legislation File Number: 11991 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 6/9/2022 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING AN AMENDMENT FOR AN INCREASE TO THE PROFESSIONAL SERVICES AGREEMENT ("AGREEMENT") WITH TETRA TECH, INC., A FOREIGN PROFIT CORPORATION REGISTERED TO CONDUCT BUSINESS IN FLORIDA ("TETRA TECH"), SOLICITED AND AWARDED PURSUANT TO REQUEST FOR QUALIFICATIONS ("RFQ") NO. 18-19-042, TO PROVIDE PROFESSIONAL ENGINEERING SERVICES FOR THE BRICKELL BAY DRIVE IMPROVEMENTS PROJECT - D2 ("PROJECT"), BY A NOT -TO -EXCEED AMOUNT OF ONE MILLION FIVE HUNDRED THIRTY FOUR THOUSAND SEVEN HUNDRED FIFTY THREE DOLLARS ($1,534,753.00), THEREBY INCREASING THE ORIGINAL NOT -TO - EXCEED PROJECT COMPENSATION AMOUNT FROM ONE MILLION THREE HUNDRED THIRTY ONE THOUSAND DOLLARS ($1,331,000.00) TO THE AMENDED NOT -TO -EXCEED PROJECT COMPENSATION AMOUNT OF TWO MILLION EIGHT HUNDRED SIXTY FIVE THOUSAND SEVEN HUNDRED FIFTY THREE DOLLARS ($2,865,753.00), FOR ADDITIONAL SERVICES ASSOCIATED WITH THE ONE HUNDRED PERCENT (100%) COMPLETION OF THE CONSTRUCTION DOCUMENTS FOR THE PROJECT, ORIGINALLY AWARDED AS A DESIGN CRITERIA PACKAGE WITH A THIRTY PERCENT (30%) COMPLETION OF THE CONSTRUCTION DOCUMENTS, AS SHOWN IN ATTACHMENT "A," HEREBY ATTACHED AND INCORPORATED, ON A PHASED BASIS; ALLOCATING FUNDS FROM THE APPROPRIATE CITY OF MIAMI ("CITY") OFFICE OF CAPITAL IMPROVEMENTS ("OCI") PROJECT AND DEPARTMENTAL BUDGETS, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED, PER EACH PHASE; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AMENDMENT TO THE AGREEMENT WITH TETRA TECH, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE, AND TO ISSUE TETRA TECH THE APPROPRIATE NOTICES TO PROCEED FOR EACH SUCCESSIVE PHASE, ONCE THE PRIOR PHASE HAS BEEN COMPLETED TO THE FULL SATISFACTION OF THE CITY; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND EXTENSIONS, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY APPROVALS, COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), INCLUDING THE CITY'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS, AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE. WHEREAS, on August 27, 2019, the City of Miami ("City') Department of Procurement ("Procurement") issued Request for Qualifications ("RFQ") No. 18-19-042, under full and open competition, to procure design criteria package -related professional engineering services for the Brickell Bay Drive Improvements Project — D2 ("Project"); and City of Miami Page 1 of 3 File ID: 11991 (Revision:) Printed On: 612212022 File ID: 11991 Enactment Number: R-22-0210 WHEREAS, on October 22, 2019, seven (7) proposals were received by the Office of the City Clerk in response to the RFQ and, upon Procurement completing its due diligence efforts, two (2) proposals were found to be nonresponsive to the Minimum Requirements of the RFQ; and WHEREAS, on December 9, 2019, and on January 16, 2020, an Evaluation Committee met and completed Steps No. 1 and 2 of the evaluations of the remaining five (5) proposals submitted by responsive and responsible proposers, following the guidelines stipulated in the RFQ; and WHEREAS, on February 2, 2020, a Negotiation Committee, appointed by the City Manager, met and conducted negotiations through September 1, 2020, finding Tetra Tech, Inc., a foreign profit corporation registered to conduct business in Florida ("Tetra Tech"), to be the top ranked responsive and responsible Proposer; and WHEREAS, on September 1, 2020, the negotiated and Tetra Tech agreed to Professional Services Agreement ("Agreement") terms and conditions were formally accepted by the City; and WHEREAS, it has been determined that it is in the best interest of the City to retain Tetra Tech to further provide professional services beyond the scope of its original design criteria package -related Agreement, up to and including one hundred percent (100%) complete construction documents and construction administration services; and WHEREAS, successful negotiations have been held between the City and Tetra Tech to define the level of effort and the cost associated with turning the original thirty percent (30%) complete construction documents into one hundred percent (100%) complete construction documents; and WHEREAS, the City Manager requests authorization to execute an Amendment to Tetra Tech's Agreement, increasing the original not -to -exceed Project compensation amount by a not to -exceed amount of One Million Five Hundred Thirty Four Thousand Seven Hundred Fifty Three Dollars ($1,534,753.00), thereby increasing the original not -to -exceed Project compensation amount from One Million Three Hundred Thirty One Thousand Dollars ($1,331,000.00) to the amended not -to -exceed Project compensation amount of Two Million Eight Hundred Sixty Five Thousand Seven Hundred Fifty Three Dollars ($2,865,753.00), for additional services associated with the one hundred percent (100%) completion of the construction documents for the Project, originally awarded as a design criteria package with a thirty percent (30%) completion of the construction documents, as shown in Attachment "A," hereby attached and incorporated, on a phased basis; and WHEREAS, due to the Project being executed in phases, the City Manager, or City Manager's designee, will have delegated authority to issue Tetra Tech the appropriate Notices to Proceed for each successive phase, once the prior phase has been completed to the full satisfaction of the City; and WHEREAS, funds are to be allocated from the appropriate City Office of Capital Improvements ("OCI") project and departmental budgets; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: City of Miami Page 2 of 3 File ID: 11991 (Revision:) Printed on: 6/22/2022 File ID: 11991 Enactment Number: R-22-0210 Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. An Amendment for an increase to the Agreement with Tetra Tech, solicited and awarded pursuant to RFQ No. 18-19-042, to provide professional engineering services for the Project, by a not -to -exceed amount of One Million Five Hundred Thirty Four Thousand Seven Hundred Fifty Three Dollars ($1,534,753.00), thereby increasing the original not -to - exceed Project compensation amount from One Million Three Hundred Thirty One Thousand Dollars ($1,331,000.00) to the amended not -to -exceed Project compensation amount of Two Million Eight Hundred Sixty Five Thousand Seven Hundred Fifty Three Dollars ($2,865,753.00), for additional services associated with the one hundred percent (100%) completion of the construction documents for the Project, originally awarded as a design criteria package with a thirty percent (30%) completion of the construction documents, as shown in Attachment "A," hereby attached and incorporated, on phased basis, is approved. Section 3. Funds shall be allocated from the appropriate OCI project and departmental budgets, subject to the availability of funds and budgetary approval at the time of need, per each phase. Section 4. The City Manager is authorized' to execute the Amendment to the Agreement with Tetra Tech, in a form acceptable to the City Attorney, for said purpose, and to issue Tetra Tech the appropriate Notices to Proceed for each successive phase, once the prior phase has been completed to the full satisfaction of the City. Section 5. The City Manager is further authorized' to negotiate and execute any and all documents, including any amendments, renewals, and extensions, subject to all allocations, appropriations, prior budgetary approvals, compliance with all applicable provisions of the Code of the City of Miami, Florida, as amended ("City Code"), including the City's Procurement Ordinance, Anti -Deficiency Act, and Financial Integrity Principles, all as set forth in Chapter 18 of the City Code, in forms acceptable to the City Attorney, and in compliance with all applicable laws, rules, and regulations, as may be deemed necessary for said purpose. Section 6. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: r i t6ria i nd" ez, City Attor iey 5/3112022 ' The herein authorization is further subject to compliance with all legal regulations that may be imposed, including but not limited to those prescribed by applicable City Charter and City Code provisions. City of Miami Page 3 of 3 File ID: 11991 (Revision:) Printed on: 612212022