HomeMy WebLinkAboutCRA-R-24-0041 Signed Amendment No. 3CITY OF MIAMI
AMENDMENT NO. 3
TO PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF MIAMI AND HORSEPOWER ELECTRIC, INC.
This Amendment No. 3 ("Amendment") to the Professional Services Agreement ("Agreement") dated
February 13, 2014, between the City of Miami, a municipal corporation of the State of Florida ("City"),
and Horsepower Electric, Inc., a foreign corporation qualified to do business in the State of
Florida ("Horsepower"), is entered into this 23rd day of October, 2020.
RECITALS
WHEREAS, pursuant to Resolution No. 13-0497, adopted by the City Commission on December
12, 2013, and Request for Proposals ("RFP") No. 352306 the City and Horsepower entered into the
Agreement to provide street lighting design, installation, repair, and maintenance services,
WHEREAS, pursuant to Resolution No. 18-0167, adopted by the City Commission on April 26,
2018, Amendment No. 1 to the Agreement was approved for the addition of holiday landscape lighting and
equipment; and
WHEREAS, on January 9, 2019, Amendment No. 2 to the Agreement was executed for the addition
of special event lighting, electrical and storage services; and
WHEREAS, the City's Department of Resilience and Public Works ("RPW") has a need to provide
higher awareness for drivers and security for pedestrians and has proposed crosswalks with enhanced safety
for pedestrians in an effort to reduce crossings at unmarked locations due to the distance needed to travel
to access an existing crosswalk,; and
WHEREAS, there is available and allocated funding for these additional services which shall
be provided on an as needed basis, subject to the availability of funds at the time of need; and
WHEREAS, in accordance with Section 2.22 Additional Services of RFP No. 352306, the City
may add additional services to any resultant contract upon successful negotiations and mutual consent of
the contracting parties.
NOW THEREFORE, for the considerations hereinafter as set forth, the parties agree as follows:
1. The recitals set forth above are incorporated by reference in full herein.
2. Horsepower shall provide additional services within City limits including, but not be limited to:
a. Furnishing and installing two rapid rectangular flashing beacons (RRFBs);
b. Furnishing and installing service point pre -stressed concrete poles, conduits, pull boxes,
electrical service meters, electrical wires and directional borings, inclusive of, but not
limited to, all conduits, wiring, and pull boxes;
c. Furnishing and installing landscaping luminaries at a mutually negotiated rate;
d. Removal and disposal of existing street light poles; and
Providing warranties for all luminaries, landscaping or otherwise.
3. Contract Section 32 titled, Counterparts is hereby deleted in its entirety and replaced with the
following:
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.
4. Contract Section 33, titled Force Majeure is has been added with the following language:
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. In the event
that either party is delayed in the performance of any act or obligation pursuant to or required by
the Agreement by reason of a Force Majeure Event, 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 party is actually delayed by such Force Majeure Event. The party seeking delay in
performance shall give notice to the other party specifying the anticipated duration of the delay,
and if such delay shall extend beyond the duration specified in such notice, additional notice shall
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. Notwithstanding the above stated, Contractor delays in the performance of
any act or obligation pursuant to or required by the Agreement by reason of a Force Majeure Event
shall remain at all times subject to City acceptance and approval of the same and subordinate to all
other terms and conditions of this Agreement.
5. All Additional Services set forth in this Amendment shall be approved as to general suitability,
quality and location by the City Manager, or the RPW Director who will serve as the designee for
such approvals under this Amendment.
6. Time is of the essence in the performance of this Amendment.
All other terms, covenants, and conditions of the original Agreement issued thereto shall remain in full
force and effect.
IN WITNESS WIIEREOF, the parties hereto have executed this Amendment as of the day and
year first above written.
ATTEST:
Signature:
Print Name:
Title:
.C2C1-6Nte-V4e-Ct
�Corpora eSecretary or Notar
y
ATTEST:
Todd Hannon,
APPROVED AS TO LEGAL FORM AND
CORRECTNESS:
By: 3a2 6 d/c4/&
Victoria Me der, City Attorney
By:
By:
"Horsepower"
HORSEPOWER ELECTRIC, INC.
a Florida profit corporation qualified to
do business in the State of Florida
Sign.ature: I('"
Print Name: `t-4(kEL N fL� i✓t �
Title:
r2C: 5�DEKT
President or Vice -President
"City"
CITY OF MIAMI,
a municipal corporation of the State of
Florida
Arthur Vega sty Manager
APPROVED AS TO INSURANCE
REQUIREMENTS:
Ann -Marie Sharpe, Director
Risk Management Department