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HomeMy WebLinkAboutExhibitCITY OF MIAMI OFFICE OF CAPITAL IMPROVEMENTS AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT WITH DOUGLAS WOOD ASSOCIATES, INC. FOR MISCELLANEOUS STRUCUTURAL ENGINEERING SERVICES CONTRACT RFQ NO. 16-17-018 This Amendment No. 1 to the Professional Services Agreement dated April 24, 2018 (the "Agreement") between the City of Miami, a municipal corporation of the State of Florida ("City"), and Douglas Wood Associates, Inc. ("Consultant"), a Florida Corporation, for the provision of Miscellaneous Structural Engineering Services ("Services") for the Office of Capital Improvements ("OCI") is entered into this day of , 2022. RECITALS WHEREAS, pursuant to the City of Miami ("City") Procurement Code Section 18-87 and Request for Qualifications ("RFQ") No. 16-17-018, the City Manager executed an Agreement with Consultant for an amount not -to -exceed $500,000; and WHEREAS, the current Compensation Limit is insufficient to address the costs associated with the City's outstanding and foreseeable future miscellaneous structural engineering services; and WHEREAS, it is in the best interest of the City to increase the existing capacity of the Agreement to accommodate outstanding and foreseeable future assignments; and WHEREAS, this Amendment No. 1 to the Agreement increases the existing capacity of the Agreement by $250,000.00, from $500,000.00 to an amount not -to -exceed $750,000.00; and WHEREAS, the City Commission has adopted Resolution No. to approve the corresponding increase in the Compensation Limits; NOW THEREFORE, in consideration of the foregoing, the parties hereby amend the Agreement as follows: Section 2.01 Extension of Expiration Date In the event the Consultant engaged in any Project/s on the Agreement expiration date, then this Agreement shall not expire and shall remain in effect until completion or termination of said Project/s. No new Work Orders shall be issued after the expiration date. The City reserves the right to extend this Agreement automatically for up to one hundred eighty (180) calendar days beyond the stated contract term, in order to provide City departments with continual service while a new agreement is being solicited, evaluated, and/or awarded. If the right is exercised, the City shall notify the Consultant, in writing of its intent to extend the Agreement at the same terms and conditions for a specific number of days. Additional extensions over the first one hundred eighty (180) calendar day -extension may occur. Extensions shall comply with all applicable approvals and regulations. Amendment No. 1 to the Professional Services Agreement with Douglas Wood Associates, Inc. for Miscellaneous Structural Engineering Services Section 2.02 Options to Renew The City, by action of the City Manager, shall have the option to renew the term for two (2) additional periods of one (1) year each, subject to continued satisfactory performance as determined by the Director of the User Department, and to the availability and appropriation of funds. City Commission's authorization of this Agreement includes delegation of authority to the City Manager to approve said renewals administratively, provided that the compensation limits set forth in Article 2.05, "Compensation," are not exceeded. Section 2.05-1 Compensation Limits is hereby increased by Two Hundred Fifty Thousand Dollars ($250,000.00), thereby increasing the existing capacity of the Agreement from Five Hundred Thousand Dollars ($500,000.00) to an amount not -to - exceed Seven Hundred Fifty Thousand Dollars ($750,000.00). The Seven Hundred Fifty Thousand Dollars ($750,000.00) is a Guaranteed Maximum Price inclusive, without limitation, of fees, costs, and reimbursable expenses. Section 10.20 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. All other terms and conditions of the Agreement are in operative force and effect and remain unchanged. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Amendment No. 1 to the Professional Services Agreement with Douglas Wood Associates, Inc. for Miscellaneous Structural Engineering Services IN WITNESS WHEREOF, the parties have executed this Amendment as of the day and year first above written. WITNESS/ATTEST: Signature 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 Douglas Wood Associates, Inc., a Florida Corporation Signature Print Name, Title of Authorized Officer or Manager (Corporate Seal) CITY OF MIAMI, a municipal corporation of the State of Florida Arthur Noriega V, City Manager APPROVED AS TO LEGAL FORM AND CORRECTNESS: Victoria Mendez, City Attorney Amendment No. 1 to the Professional Services Agreement with Douglas Wood Associates, Inc. for Miscellaneous Structural Engineering Services CERTIFICATE OF AUTHORITY (IF CORPORATION OR LLC) I HEREBY CERTIFY that at a meeting of the Board of Directors of , a corporation organized and existing under the laws of the State of held on the _ day of , 20_ a resolution was duly passed and adopted authorizing (Name) as (Title) of the 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 , 20 Secretary: Print: CERTIFICATE OF AUTHORITY (IF PARTNERSHIP) HEREBY CERTIFY that at a meeting of the Board of Directors of , a partnership organized and existing under the laws of the State of , held on the _day of , 20_, a resolution was duly passed and adopted authorizing (Name) as (Title) of the partnership to execute agreements on behalf of the partnership and provides that their execution thereof, attested by a partner, shall be the official act and deed of the partnership. I further certify that said partnership agreement remains in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this , day of 20 Partner Print: Names and addresses of partners: Name Street Address City State Zip Amendment No. 1 to the Professional Services Agreement with Douglas Wood Associates, Inc. for Miscellaneous Structural Engineering Services CERTIFICATE OF AUTHORITY (IF JOINT VENTURE) Joint ventures must submit a joint venture agreement indicating that the person signing this Agreement is authorized to sign documents on behalf of the joint venture. If there is no joint venture agreement, each member of the joint venture must sign this Agreement and submit the appropriate Certificate of Authority (corporate, partnership, or individual). CERTIFICATE OF AUTHORITY (IF INDIVIDUAL) I HEREBY CERTIFY that, I (Name) , individually and doing business as (d/b/a) (If Applicable) have executed and am bound by the terms of the Agreement to which this attestation is attached. IN WITNESS WHEREOF, I have hereunto set my hand this day of 20 Signed: Print: STATE OF NOTARIZATION ) SS: COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 20_, by to me or who has produced did not) take an oath. SIGNATURE OF NOTARY PUBLIC STATE OF FLORIDA PRINTED, STAMPED OR TYPED NAME OF NOTARY PUBLIC who is personally known as identification and who (did / CITY OF MIAMI OFFICE OF CAPITAL IMPROVEMENTS AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT WITH EASTERN ENGINEERING GROUP COMPANY FOR MISCELLANEOUS STRUCUTURAL ENGINEERING SERVICES CONTRACT RFQ NO. 16-17-018 This Amendment No. 1 to the Professional Services Agreement dated May 1, 2018 (the "Agreement") between the City of Miami, a municipal corporation of the State of Florida ("City"), and Eastern Engineering Group Company ("Consultant"), a Florida Corporation, for the provision of Miscellaneous Structural Engineering Services ("Services") for the Office of Capital Improvements ("OCI") is entered into this day of 12022. RECITALS WHEREAS, pursuant to the City of Miami ("City") Procurement Code Section 18-87 and Request for Qualifications ("RFQ") No. 16-17-018, the City Manager executed an Agreement with Consultant for an amount not -to -exceed $500,000; and WHEREAS, the current Compensation Limit is insufficient to address the costs associated with the City's outstanding and foreseeable future miscellaneous structural engineering services; and WHEREAS, it is in the best interest of the City to increase the existing capacity of the Agreement to accommodate outstanding and foreseeable future assignments; and WHEREAS, this Amendment No. 1 to the Agreement increases the existing capacity of the Agreement by $250,000.00, from $500,000.00 to an amount not -to -exceed $750,000.00; and WHEREAS, the City Commission has adopted Resolution No. to approve the corresponding increase in the Compensation Limits; NOW THEREFORE, in consideration of the foregoing, the parties hereby amend the Agreement as follows: Section 2.01 Extension of Expiration Date In the event the Consultant engaged in any Project/s on the Agreement expiration date, then this Agreement shall not expire and shall remain in effect until completion or termination of said Project/s. No new Work Orders shall be issued after the expiration date. The City reserves the right to extend this Agreement automatically for up to one hundred eighty (180) calendar days beyond the stated contract term, in order to provide City departments with continual service while a new agreement is being solicited, evaluated, and/or awarded. If the right is exercised, the City shall notify the Consultant, in writing of its intent to extend the Agreement at the same terms and conditions for a specific number of days. Additional extensions over the first one hundred eighty (180) calendar day -extension may occur. Extensions shall comply with all applicable approvals Amendment No. 1 to the Professional Services Agreement with Eastern Engineering Group Company for Miscellaneous Structural Engineering Services and regulations. Section 2.02 Options to Renew The City, by action of the City Manager, shall have the option to renew the term for two (2) additional periods of one (1) year each, subject to continued satisfactory performance as determined by the Director of the User Department, and to the availability and appropriation of funds. City Commission's authorization of this Agreement includes delegation of authority to the City Manager to approve said renewals administratively, provided that the compensation limits set forth in Article 2.05, "Compensation," are not exceeded. Section 2.05-1 Compensation Limits is hereby increased by Two Hundred Fifty Thousand Dollars ($250,000.00), thereby increasing the existing capacity of the Agreement from Five Hundred Thousand Dollars ($500,000.00) to an amount not -to - exceed Seven Hundred Fifty Thousand Dollars ($750,000.00). The Seven Hundred Fifty Thousand Dollars ($750,000.00) is a Guaranteed Maximum Price inclusive, without limitation, of fees, costs, and reimbursable expenses. Section 10.20 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. All other terms and conditions of the Agreement are in operative force and effect and remain unchanged. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Amendment No. 1 to the Professional Services Agreement with Eastern Engineering Group Company for Miscellaneous Structural Engineering Services IN WITNESS WHEREOF, the parties have executed this Amendment as of the day and year first above written. WITNESS/ATTEST: Sign ure Print Name, Ti e ATTEST: YAP 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 Eastern Engineering Group Company, a Florida Corporation Signature Print Name, Title of A ulfiorized Officer or Manager (Corporate Seal) CITY OF MIAMI, a municipal corporation of the State of Florida Arthur Noriega V, City Manager APPROVED AS TO LEGAL FORM AND CORRECTNESS: Victoria Mendez, City Attorney Amendment No. 1 to the Professional Services Agreement with Eastern Engineering Group Company for Miscellaneous Structural Engineering Services CERTIFICATE OF AUTHORITY (IF CORPORATION OR LLC) I HEREBY CERTIFY that at a meeting of the Board of Directors of a corporation organized and existing under the laws of the State of r-2— h o th day of , 20_ a resolution was duly passed and adopted authorizing (Name) .�Q%SSGi as (Title) 7"" 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. 20= Secretary It IN WITNESS WHEREOF, I have hereunto set my hand this _�_ day of 4vqy94 4441 Print: Y%Papm w-A Ate, 000�--,,D' 14', CERTIFICATE OF AUTHORITY (IF PARTNERSHIP) I HEREBY CERTIFY that at a meeting of the Board of Directors of , a partnership organized and existing under the laws of the State of held on the _day of , 20_, a resolution was duly passed and adopted authorizing (Name) as (Title) of the partnership to execute agreements on behalf of the partnership and provides that their execution thereof, attested by a partner, shall be the official act and deed of the partnership. I further certify that said partnership agreement remains in full force and effect. 20 IN WITNESS WHEREOF, I have hereunto set my hand this day of Partner: Print: Names and addresses of partners. Name Street Address City State Zip Amendment No. 1 to the Professional Services Agreement with Eastern Engineering Group Company for Miscellaneous Structural Engineering Services CERTIFICATE OF AUTHORITY (IF JOINT VENTURE) Joint ventures must submit a joint venture agreement indicating that the person signing this Agreement is authorized to sign documents on behalf of the joint venture. If there is no joint venture agreement, each member of the joint venture must sign this Agreement and submit the appropriate Certificate of Authority (corporate, partnership, or individual). CERTIFICATE OF AUTHORITY (IF INDIVIDUAL) I HEREBY CERTIFY that, I (Name business as (d/b/a) individually and doing (If Applicable) have executed and am bound by the terms of the Agreement to which this attestation is attached. 20 Signed: Print: IN WITNESS WHEREOF, I have hereunto set my hand this day of NOTARIZATION STATE OF FL ) SS: COUNTY OF 4&T�� o-de ) The foregoing instrument was acknowledged before me this —I--- day of 20,9Zby �20/ -Ca �O,0--eZ who is personally known t_or who has produced did not) take an oath. SIGNATURE O BLIC STATE OF FLORIDA 6ar2-Ira G. 4TY42-�PRINTED, STAMPED OR NAME OF NOTARY PUBLIC as identification and who (did / ®SANDRA G. LOPEZ SUAREZ MY COMMISSION #:356602 EXPIRES: August 04, 2023 CITY OF MIAMI OFFICE OF CAPITAL IMPROVEMENTS AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT WITH MASTER CONSULTING ENGINEERS, INC. FOR MISCELLANEOUS STRUCUTURAL ENGINEERING SERVICES CONTRACT RFQ NO. 16-17-018 This Amendment No. 1 to the Professional Services Agreement dated May 2, 2018 (the "Agreement") between the City of Miami, a municipal corporation of the State of Florida ("City"), and Master Consulting Engineers, Inc. ("Consultant"), a Florida Corporation, for the provision of Miscellaneous Structural Engineering Services ("Services") for the Office of Capital Improvements ("OCI") is entered into this day of , 2022. RECITALS WHEREAS, pursuant to the City of Miami ("City") Procurement Code Section 18-87 and Request for Qualifications ("RFQ") No. 16-17-018, the City Manager executed an Agreement with Consultant for an amount not -to -exceed $500,000; and WHEREAS, the current Compensation Limit is insufficient to address the costs associated with the City's outstanding and foreseeable future miscellaneous structural engineering services; and WHEREAS, it is in the best interest of the City to increase the existing capacity of the Agreement to accommodate outstanding and foreseeable future assignments; and WHEREAS, this Amendment No. 1 to the Agreement increases the existing capacity of the Agreement by $250,000.00, from $500,000.00 to an amount not -to -exceed $750,000.00; and WHEREAS, the City Commission has adopted Resolution No. to approve the corresponding increase in the Compensation Limits; NOW THEREFORE, in consideration of the foregoing, the parties hereby amend the Agreement as follows: Section 2.01 Extension of Expiration Date In the event the Consultant engaged in any Project/s on the Agreement expiration date, then this Agreement shall not expire and shall remain in effect until completion or termination of said Project/s. No new Work Orders shall be issued after the expiration date. The City reserves the right to extend this Agreement automatically for up to one hundred eighty (180) calendar days beyond the stated contract term, in order to provide City departments with continual service while a new agreement is being solicited, evaluated, and/or awarded. If the right is exercised, the City shall notify the Consultant, in writing of its intent to extend the Agreement at the same terms and conditions for a specific number of days. Additional extensions over the first one hundred eighty (180) calendar day -extension may occur. Extensions shall comply with all applicable approvals and regulations. Amendment No. 1 to the Professional Services Agreement with Master Consulting Engineers, Inc. for Miscellaneous Structural Engineering Services Section 2.02 Options to Renew The City, by action of the City Manager, shall have the option to renew the term for two (2) additional periods of one (1) year each, subject to continued satisfactory performance as determined by the Director of the User Department, and to the availability and appropriation of funds. City Commission's authorization of this Agreement includes delegation of authority to the City Manager to approve said renewals administratively, provided that the compensation limits set forth in Article 2.05, "Compensation," are not exceeded. Section 2.05-1 Compensation Limits is hereby increased by Two Hundred Fifty Thousand Dollars ($250,000.00), thereby increasing the existing capacity of the Agreement from Five Hundred Thousand Dollars ($500,000.00) to an amount not -to - exceed Seven Hundred Fifty Thousand Dollars ($750,000.00). The Seven Hundred Fifty Thousand Dollars ($750,000.00) is a Guaranteed Maximum Price inclusive, without limitation, of fees, costs, and reimbursable expenses. Section 10.20 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. All other terms and conditions of the Agreement are in operative force and effect and remain unchanged. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Amendment No. 1 to the Professional Services Agreement with Master Consulting Engineers, Inc. for Miscellaneous Structural Engineering Services IN WITNESS WHEREOF, the parties have executed this Amendment as of the day and year first above written. WITNESS/ATTEST: Signature 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 Master Consulting Engineers, Inc., a Florida Corporation Signature Print Name, Title of Authorized Officer or Manager (Corporate Seal) CITY OF MIAMI, a municipal corporation of the State of Florida Arthur Noriega V, City Manager APPROVED AS TO LEGAL FORM AND CORRECTNESS: Victoria Mendez, City Attorney Amendment No. 1 to the Professional Services Agreement with Master Consulting Engineers, Inc. for Miscellaneous Structural Engineering Services CERTIFICATE OF AUTHORITY (IF CORPORATION OR LLC) I HEREBY CERTIFY that at a meeting of the Board of Directors of , a corporation organized and existing under the laws of the State of held on the _ day of , 20_ a resolution was duly passed and adopted authorizing (Name) as (Title) of the 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 , 20 Secretary: Print: CERTIFICATE OF AUTHORITY (IF PARTNERSHIP) HEREBY CERTIFY that at a meeting of the Board of Directors of , a partnership organized and existing under the laws of the State of , held on the _day of , 20_, a resolution was duly passed and adopted authorizing (Name) as (Title) of the partnership to execute agreements on behalf of the partnership and provides that their execution thereof, attested by a partner, shall be the official act and deed of the partnership. I further certify that said partnership agreement remains in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this , day of 20 Partner Print: Names and addresses of partners: Name Street Address City State Zip Amendment No. 1 to the Professional Services Agreement with Master Consulting Engineers, Inc. for Miscellaneous Structural Engineering Services CERTIFICATE OF AUTHORITY (IF JOINT VENTURE) Joint ventures must submit a joint venture agreement indicating that the person signing this Agreement is authorized to sign documents on behalf of the joint venture. If there is no joint venture agreement, each member of the joint venture must sign this Agreement and submit the appropriate Certificate of Authority (corporate, partnership, or individual). CERTIFICATE OF AUTHORITY (IF INDIVIDUAL) I HEREBY CERTIFY that, I (Name) , individually and doing business as (d/b/a) (If Applicable) have executed and am bound by the terms of the Agreement to which this attestation is attached. IN WITNESS WHEREOF, I have hereunto set my hand this day of 20 Signed: Print: STATE OF NOTARIZATION ) SS: COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 20_, by to me or who has produced did not) take an oath. SIGNATURE OF NOTARY PUBLIC STATE OF FLORIDA PRINTED, STAMPED OR TYPED NAME OF NOTARY PUBLIC who is personally known as identification and who (did /