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HomeMy WebLinkAboutExhibitCITY OF MIAMI OFFICE OF CAPITAL IMPROVEMENTS AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT WITH TETRA TECH, INC. FOR BRICKELL BAY DRIVE IMPROVEMENTS This Amendment No. 1 ("Amendment") to the Professional Services Agreement dated December 4, 2020 (the "Agreement") between the City of Miami, a municipal corporation of the State of Florida ("City"), and Tetra Tech, Inc., a Delaware corporation authorized to conduct business in the State of Florida ("Consultant"), (jointly the "Parties") for the provision of professional services for Brickell Bay Drive Improvements ("Services") for the City's Office of Capital Improvements ("OCI") is entered into this day of 2022. RECITALS WHEREAS, on August 27, 2019, the Department of Procurement ("Procurement") issued 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 ("Project"); and WHEREAS, on October 22, 2019, seven (7) proposals were received by the Office of the City Clerk in response to the RFQ, and subsequently, two (2) proposals were found to be non- responsive to the Minimum Requirements of the RFQ, after Procurement completed its due diligence effort; and WHEREAS, on December 9, 2019, and on January 16, 2020, an Evaluation Committee met and completed the Steps 1 and 2 evaluations of the remaining five (5) proposals submitted by responsive and responsible proposers, following the guidelines stipulated in the RFQ; and WHEREAS, a Negotiation Committee appointed by the City Manager on February 2, 2020, met and conducted negotiations through September 1, 2020, finding Consultant to be the top ranked responsive and responsible Proposer; and WHEREAS, the contract terms and conditions negotiated and agreed upon by Consultant were formally accepted by the City on or about September 1, 2020; and WHEREAS, it has been determined to be in the best interest of the City to retain Consultant to further provide professional services beyond the scope of its original design criteria package -related agreement, up to and including one hundred percent 100% construction documents and construction administration services; and WHEREAS, successful negotiations have been held between the City and Consultant to define the level of effort and the cost associated to turn the original thirty percent (30%) construction documents into one hundred percent (100%) construction documents; and WHEREAS, it is in the best interest of the City to execute an Amendment to Consultant'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 ($1,534,753.00), thereby increasing the original not -to -exceed project compensation amount from one million three hundred thirty-one ($1,331,000.00) to the amended not -to -exceed project Amendment No. 1 to the Professional Services Agreement with Tetra Tech, Inc. for Brickell Bay Drive Improvements compensation amount of two million eight hundred sixty-five thousand seven hundred fifty-three ($2,865,753.00), for additional services associated with the completion of one hundred percent (100%) construction documents for the project, originally awarded as a design criteria package equivalent to thirty percent (30%) construction documents, as shown in Attachment "A," 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 Consultant the appropriate Notices to Proceed for each phase, once the previous phase has been completed to the full satisfaction of the City, and subject to availability of funds; and WHEREAS, funds are to be allocated from the appropriate Capital Improvements project and Departmental budgets. NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 2.04-1 Compensation Limits are hereby increased by a not -to -exceed amount of one million five hundred thirty-four thousand seven hundred fifty-three ($1,534,753.00), thereby increasing the original not -to -exceed project compensation amount from one million three hundred thirty-one ($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 ($2,865,753.00). The latter amount, composed of a lump sum fee of $946,000.00 for Phase I, $1,765,351.35 for Phase II, and $154,401.65 for Owner's Contingency Allowance, is a Guaranteed Maximum Price inclusive, without limitation, of all fees, costs, and reimbursable expenses. 10.22 COUNTERPARTS; ELECTRONIC SIGNATURE 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 promptly execute and deliver to the other parties an original signed Agreement upon request. 10.23 PROJECTS FUNDED BY FEDERAL OR STATE FUNDS a. Equitable Adjustment The Procurement Department may, in its sole discretion, make an equitable adjustment in the contract terms and/or pricing if pricing or availability of supply is affected by extreme or unforeseen volatility in the marketplace, that is, by circumstances that satisfy all the following criteria: (1) the volatility is due to circumstances beyond the Consultant/Contractor's control, (2) the volatility affects the marketplace or industry, not just the particular contract source of supply, (3) the effect on pricing or availability of supply is substantial, and (4) the volatility so affects the Consultant/Contractor that continued performance of the contract would results in a substantial loss. Consultant/Contractor might have to supply documentation to justify any requested percentage increase in cost to the City of Miami. Amendment No. 1 to the Professional Services Agreement with Tetra Tech, Inc. for Brickell Bay Drive Improvements b. Non -Appropriation of Funds In the event no fund or insufficient funds are appropriated and budgeted or are otherwise unavailable in any fiscal period for payments due under this contract, then the City, upon written notice to the Consultant/Contractor or his assignee of such occurrence, shall have the unqualified right to terminate the contract without penalty or expense to the City. No guarantee,. warranty, or representation is made that any project(s) will be awarded to any firm(s). c. Subcontractors of Work Shall be Identified As part of the contract, Consultant/Contractor is required to identify any and all Subconsultants/Subcontractors that will be used in the performance of this proposed contract, their capabilities, experience, minority designation, as defined in Ordinance 10062 and the portion of the work to be done by the Subconsultant/Subcontractor. The Consultant/Contractor shall not, at any time during the tenure of the contract, subcontract any part of his operations or assign any portion or part of the contract, to Subconsultant/Subcontractor(s) not originally mentioned in their Proposal, except under and by virtue of permission granted by the City through the proper officials. Nothing contained in this specification shall be construed as establishing any contractual relationship between any Subconsultant/Subcontractor(s) and the City. The Consultant/Contractor shall be fully responsible to the City for the acts and omissions of the Subconsultant/Subcontractor(s) and their employees, as for acts and omissions of persons employed by the Consultant/Contractor. d. Davis -Bacon Act Federally assisted construction contracts must adhere to Davis -Bacon Act wages and benefits rate schedules. Consultant/Contractor shall use the Federal Wages reflected in Wage General Decision Number FL 180260 01/12/2018 FL260 in developing its proposal for this Consultant/Contractor shall be required to provide certified payroll records documenting the work performed on this project. e. Compliance with the Copeland "Anti -Kickback" Act 1. The Consultant/Contractor shall comply with 18 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. 2. The Consultant/Contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA may be appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any. lower tier subcontracts. The Consultant/Contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. 3. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a Consultant/Contractor and subcontractor as provided in 29 C.F.R. § 5.12. f. Compliance with the Contract Work Hours and Safety Standards Act Overtime Requirements: No Consultant/Contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty (40) hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one half time the basic rate of pay Amendment No. 1 to the Professional Services Agreement with Tetra Tech, Inc. for Brickell Bay Drive Improvements for all hours worked in excess of forty (40) hours in such workweek 2. Violation; liability for unpaid wages; liquidated damages: In the event of any violation of the clause set forth in paragraph (1) of this section, the Consultant/Contractor, and any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such Consultant/Contractor and subcontractor shall be liable to the United States (in case of the work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty (40) hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. 3. Withholding for unpaid wages and liquidated damages: The City of Miami shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Consultant/Contractor or subcontractor under any such contract or any other Federal contract with the same Consultant/Contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the Consultant/Contractor, such sums as may be determined to be necessary to satisfy any liabilities of such Consultant/Contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. 4. The Consultant/Contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontract. The Consultant/Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraph (1) through (4) of this section. g. Parts at Pass -Through Cost (for Repairs Outside the Scope of Work) All cost for parts required for repair jobs and not otherwise included in the scope of work shall be billed at the Consultant/Contractor's actual cost and will be passed on to the City without markup or any additional fees. The Consultant/Contractor shall submit purchase receipt of parts along with the labor invoice for payment. The Consultant/Contractor shall be responsible for sourcing all parts necessary to complete the work requirements of each job specification. Replacement parts furnished must be of the same manufacturer or an equal product. All equipment and materials shall be commercial quality and grade and be from a regular product line. Prototype, obsolete, and residential quality/grade equipment/materials shall not be specified or installed in the facilities. h. Notification to Perform Work The Consultant/Contractor shall notify the Project Manager when an employee is on the property and for what purpose. i. Background Checks The Consultant/Contractor shall be required to comply with the background screening specifications as listed in the Jessica Lunsford Act, Florida Statue § 1012- Amendment No. 1 to the Professional Services Agreement with Tetra Tech, Inc. for Brickell Bay Drive Improvements 32. The law requires that before contract personnel are permitted access on grounds when children are present, or if they will have direct contact with children, or have access to or control of school funds, they must have completed Level Two (2) screening requirements. Prior to commencement of the project, the Consultant/Contractor shall provide Level Two (2) background screening results for all employees completing the work on park grounds. j. Equal Employment Opportunity During the performance of any resulting contract from an RFQ, the Consultant/Contractor agrees as follows: 1. The Consultant/Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant/Contractor will take affirmative action to ensure that applicants are employed, and the employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant/Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Consultant/Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Consultant/Contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin. 3. The Consultant/Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representative of the Consultant/Contractor's commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Consultant/Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Consultant/Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Consultant/Contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the Consultant/Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions as may be imposed and remedies invoked as Amendment No. 1 to the Professional Services Agreement with Tetra Tech, Inc. for Brickell Bay Drive Improvements provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 7. The Consultant/Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or order of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Cons ulta nVCo ntractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, That in the event a Consultant/Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the Consultant/Contractor may request the United States to enter into such litigation to protect the interests of the United States. k. Clean Air Act 1. The Consultant/Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. 2. The Consultant/Contractor agrees to report each violation to the City of Miami and understands and agrees that the City of Miami will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. 3. The Consultant/Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. I. Federal Water Pollution Control Act 1. The Consultant/Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C.1251 et seq. 2. The Consultant/Contractor agrees to report each violation to the City of Miami and understands and agrees that the City of Miami will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. 3. The Consultant/Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. m. No Obligation by Federal Government The. Federal Government is not a party to this contract and is not subject to any obligation or liabilities to the non -Federal entity, Consultant/Contractor, or any other party pertaining to any matter resulting from the contract. n. Program Fraud and False or Fraudulent Statements or Related Acts The Consultant/Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the Consultant/Contractor's actions pertaining to this contract. o. Byrd Anti -Lobbying Amendment, 31 U.S.C. § 1352 (As Amended) Consultant/Contractor who bid for an award of $100,000 or more shall file the Amendment No. 1 to the Professional Services Agreement with Tetra Tech, Inc. for Brickell Bay Drive Improvements required certification. Each tier certifies to the tier above that it will not and has not used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer, or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non- federal funds that take place in connection with obtaining any federal award. Such disclosures are forwarded form tier to tier, and up to the recipient. Please refer to the "Certification Regarding Lobbying" attachment. It is MANDATORY for the Consultant/Contractor to return this form signed along with their Proposal. p. Procurement of Recovered Materials 1. In the performance of this contract, the Consultant/Contractor shall make maximum use of products containing recovered materials that are EPA - designated items unless the product cannot be acquired; . a. Competitively within a timeframe providing for compliance with the contract performance schedule; b. Meeting contract performance requirements; or c. At a reasonable price. 2. Information about this requirement, along with the list of EPA -designate items, is available at EPA's Comprehensive Procurement Guidelines web site, https://www.epa. qov/smm/comprehensive-procurement-guideline-cpq-program. q. DHS, Seal, Logo, and Flags The Consultant/Contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre -approval. r. Compliance with Federal Law, Regulations, and Executive Orders This is an acknowledgement that FEMA financial assistance will be used to fund this contract only. The Consultant/Contractor will comply with all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives. s. Access to Records 1. The Consultant/Contractor agrees to provide the City of Miami, (insert name of project manager), the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Consultant/Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. 2. The Consultant/Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. 3. The Consultant/Contractor agrees to provide the FEMA Administrator or his authorized representatives' access to construction or other work sites pertaining to the work being completed under the contract. t. Suspension and Debarment 1. This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the Consultant/Contractor is required to verify that none of the Consultant/Contractor, its principals (defined at 2 C.F.R. §180.995), Amendment No. 1 to the Professional Services Agreement with Tetra Tech, Inc. for Brickell Bay Drive Improvements or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). 2. The Consultant/Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. 3. This certification is a material representation of fact relied upon by City of Miami. If it is later determined that the Consultant/Contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the State of Florida, and the City of Miami, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. 4. The Consultant/Contractor agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period offer. The Consultant/Contractor further agrees to include a provision requiring such compliance in its lower tier covered transactions. u. United States Housing and Urban Development; CDBG-MIT 1. This contract is funded by US HUD dollars and Community Development Block Grant (CDBG) dollars, and/or CDBG Mitigation (CDBG-MIT) dollars, and therefore, is subject to federal procurement regulations 2 CFR 200.318 to 200.327. 2. Unless a fixed -price contract is used, profit must be negotiated as a separate element of the price for each contract in which there is no price competition and, in all cases, where a cost analysis is performed. To establish a fair and reasonable profit, consideration must be given to the complexity of the work to be performed, the risk borne by the Consultant/Contractor, the Consultant/Contractor's investment, the amount of subcontracting, the quality of its record of past performance, and industry profit rates in the surrounding geographical area for similar work. v. Section 3 of the Housing and Urban Development Act of 1968 1. The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD -assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing. 2. The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which implement section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. 3. The Consultant/Contractor agrees to send to each labor organization or representative of workers with which the Consultant/Contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the Consultant/Contractor's commitments under this section 3 clause and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe Amendment No. 1 to the Professional Services Agreement with Tetra Tech, Inc. for Brickell Bay Drive Improvements the section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. 4. The Consultant/Contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The Consultant/Contractor will not subcontract with any subcontractor where the Consultant/Contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. 5. The Consultant/Contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the Consultant/Contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the Consultant/Contractor's obligations under 24 CFR part 135. 6. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions; termination of this contract for default, and debarment or suspension from future HUD assisted contracts. 7. With respect to work performed in connection with section 3 covered Indian housing assistance, section 7(b) of the Indian Self -Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian -owned Economic Enterprises. Parties to this contract that are subject to the provisions of section 3 and section 7(b) agree to comply with section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b). w. Rights to Inventions Made Under a Contract or Agreement If the Federal award meets the definition of "funding agreement" under 37 CFR § 401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipienf or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. Attachment "A," Articles A2, specifically A2-01 through A2-19 are hereby expanded by the scope of services included in the latest proposal submitted by Tetra Tech, dated November 19, 2021, as approved by the City, and which is made part of this amendment. Except as provided above, all other terms and conditions of the Agreement continue in operative force and effect and are not modified. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Amendment No. 1 to the Professional Services Agreement with Tetra Tech, Inc. for Brickell Bay Drive Improvements IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their respective officials thereunto duly authorized, the day and year above written. WITNESS/ATTEST "Consultant" TETRA TECH, INC., a Delaware f" 3 re Signature Preston Hopson, Secreta Print Name, Title ATTEST: CONSULTANT Secretary (Affirm CONSULTANT Seal, if available) ATTEST: Todd B. Hannon, City Clerk APPROVED AS TO INSURANCE REQUIREMENTS: Ann -Marie Sharpe, Director Risk Management Department Richard Lemmon, Senior Vice President Print Name, Title of Authorized Officer or Official (Corporate Seal) "City" CITY OF MIAMI, a Florida municipal corporation Art Noriega V, City Manager APPROVED AS TO LEGAL FORM AND CORRECTNESS: Victoria Mendez, City Attorney Amendment No. 1 to the Professional Services Agreement with Tetra Tech, Inc. for Brickell Bay Drive Improvements CORPORATE RESOLUTION (This Resolution must authorize the signatory to sign) WHEREAS, Tetra Tech, Inc., a Delaware Corporation ("Corporation"), desires to enter into this Amendment with the City of Miami, a Florida municipal corporation ("City"), for the purpose of performing the work described therein this Amendment to which this corporate resolution is attached; and WHEREAS, the Corporation's Board of Directors at a duly held corporate meeting has considered the matter in accordance with the bylaws of the Corporation; NOW, THEREFORE, BE IT RESOLVED BY THE CORPORATION'S BOARD OF DIRECTORS that the Corporation is authorized to enter into this Amendment with the City, and the Corporation's President and the Secretary are hereby authorized and directed to execute the Amendment in the name of the Corporation and to execute any other document and perform any acts in connection therewith as may be required to accomplish its purpose. IN WITNESS WHEREOF, this, - day of April , 2022. Tetra Tech, Inc. A Delaware (Corporation) (State) corporation n) (sign) - - 3ident Amendment No. 1 to the Professional Services Agreement with Tetra Tech, Inc. for Brickell Bay Drive Improvements CERTIFICATE OF AUTHORITY (IF CORPORATION OR LLC) I HEREBY CERTIFY that at a meeting of the Board of Directors of Tetra Tech, Inc. , a corporation organized and existing under the laws of the State of Delaware , held on 26th of July 20 22 , a resolution was duly passed and adopted authorizing (Name) Richard Lemmon as (Title) Senior Vice 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 � day of April , 20 22. Secretary: Print: Preston Hopson NOTARIZATION STATE OF ) SS: COUNTY OF The foregoing instrument was acknowled 20 , by known to me or who has produced (did / did not) take an oath. '41 D l4 tr(/"d (Y�l a ,C I -t ( SIGNATORE OF NOTARY PUBLIC STATE OF PRINTED, STAMPED OR TYPED NAME OF NOTARY PUBLIC me this day of who is personally as identification and who CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California 1 County of Los Angeles J} On A i� d , O. i�, � before me, Christine S. Garcia, Notary Public Date Here Insert Name and Title of the Officer personally appeared Richard A. Lemmon Name(e) of Signer{ who proved to me on the basis of satisfactory evidence to be the person.N whose name(&) is/ax& subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/Aer/# teir authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(&), or the entity upon behalf of which the person{&) acted, executed the instrument. 6DM,-,---r-:-y CHRISTINE 5. GARCIANotary Public - CaliforniaLos Angeles County isCommission = 2367470 Comm. Expires Jul 24, 2025 Place Notary Seal and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature L/f' G Signature of Notary Public Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: ©2019 National Notary Association Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: