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Home My WebLink AboutCRA-R-24-0041 Signed Amendment No. 4CITY OF MIAMI AMENDMENT NO. 4 TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI AND HORSEPOWER ELECTRIC, INC. This Amendment No. 4 ("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 Florida profit corporation qualified to do business in the State of Florida ("Horsepower"), is entered into this 26thy of October, 2023. 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; and 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 under the delegated authority of the City Manager for the addition of special event lighting, electrical and storage services; and WHEREAS, on October 23, 2020, Amendment No. 3 to the Agreement was executed under the delegated authority of the City Manager for the addition of rapid rectangular flashing beacons and the conduits and additional equipment necessary for installation and operation; the addition of Force Majeure and to update Section 32. Counterparts language; and WHEREAS, the Agreement, which was executed by the City in 2014, included an agreed upon increase to contract pricing, upon the first contract renewal, in an amount not to exceed five percent (5%); and WHEREAS, the City's Department of Resilience and Public Works ("RPW") has approved the contract price increase and there is funding available and allocated for said increase for the different services provided on an as -needed basis, subject to the availability of funds at the time of need; 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. Contract pricing has been increased to reflect the below: ITEM NO. DESCRIPTION UNIT PRICE UOM 1 Street Light Design A-1 $13,758.15 Each 2 Street Light Design A-2 $15,316.35 Each 3 Street Light Design A- 3 $18,160.80 Each 4 Street Light Design A-4 $20,014.05 Each 5 Street Light Design B-1 $13,478.85 Each 6 Street Light Design B-2 $15,036.00 Each 7 Street Light Design B- 3 $17,671.50 Each 8 Street Light Design B-4 $19,524.75 Each 9 Street Light Design C-1 $17,682.00 Each 10 Street Light Design C-2 $19,406.10 Each 11 35 ft. Aluminum Poles $13,326.60 Each 12 Maintenance Per Landscape Light, new & existing $8.40 Month 13 Maintenance Per Light Pole, new & existing $12.60 Month Nondiscrimination. Horsepower represents and warrants to the City that Horsepower does not and will not engage in discriminatory practices and that there shall be no discrimination in connection with Horsepower's performance under this Agreement on account of race, age, religion, color, gender, gender identity, sexual orientation, national origin, marital status, physical or mental disability, political affiliation, or any other factor. Horsepower further covenants that no otherwise qualified individual shall, solely by reason of race, age, religion, color, gender, gender identity, sexual orientation, national origin, marital status, physical or mental disability, political affiliation, or any other factor, be excluded from participation in, be denied services, or be subject to discrimination under any provision of this Agreement. Verification of Employment Eligibility (E-Verify). By entering into this Agreement, Horsepower and its Subcontractors are jointly and severally obligated to comply with the provisions of Section 448.095, Florida Statutes, as amended, titled "Employment Eligibility." Horsepower affirms that (a) it has registered and uses the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees of Horsepower; (b) it has required all Subcontractors to this Agreement to register and use the E-Verify system to verify the work authorization status of all new employees of the Subcontractor; (c) it has an affidavit from all Subcontractors to this Agreement attesting that the Subcontractor does not employ, contract with, or subcontract with, unauthorized aliens; and, (d) it shall maintain copies of any such affidavits for the duration of the Agreement. Registration information is available at: http://www.uscis.gov/e-verify. If the City has a good faith belief that Horsepower has knowingly violated Section 448.09(1), Florida Statutes, then City shall terminate this Agreement in accordance with Section 448.095(5)(c), Florida Statutes. In the event of such termination, Horsepower agrees and acknowledges that it may not be awarded a public contract for at least one (1) year from the date of such termination and that Horsepower shall be liable for any additional costs incurred by the City because of such termination. In addition, if City has a good faith belief that a Subcontractor has knowingly violated any provisions of Sections 448.09(1) or 448.095, Florida Statutes, but Horsepower has otherwise complied with its requirements under those statutes, then Horsepower agrees that it shall terminate its contract with the Subcontractor upon receipt of notice from the City of such violation by Subcontractor in accordance with Section 448.095(5)(c), Florida Statutes. Any challenge to termination under this provision must be filed in the Circuit or County Court by the City, Horsepower, or Subcontractor no later than twenty (20) calendar days after the date of Agreement termination. ALL OTHER TERMS, COVENANTS, AND CONDITIONS OF THE ORIGINAL AGREEMENT ISSUED THERETO SHALL REMAIN IN FULL FORCE AND EFFECT. Counterparts; Electronic Signatures. This Amendment 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 Amendment shall have the same force and effect as an original. The parties shall be entitled to sign and transmit an electronic signature on this Amendment (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 Amendment upon request. IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the day and year first above written. ATTEST: Signature: Print Name: ( `OI^ Title: Corporate Secretary or Notary DocuSigned by: ATTEST: "Horsepower" HORSEPOWER ELECTRIC, INC. a Florida profit corporation qualified to do business in the State of Florida Signature: Print Name: f'- (G{4-/f�C 1�liolzrl1EZ Title: T� +►�f President or Vice -President "City" CITY OF MIAMI, a municipal corporation of the State of Florida D S g by. �DocuSignetl by: B avl%,ur Novi CEauvr�svvLa.,g.. y' By: �gSgCib(„zDDa2` Todd Hannon, City Clerk Arthur Noriega V, City Manager APPROVED AS TO LEGAL FORM AND CORRECTNESS: REQUIREMENTS: ,.--oeuSignetl by: W2 By: APPROVED AS TO INSURANCE By: DocuSignetl by: �NrVIg//�✓ Victoria Mendez, City Attorney (Matter 23-2502) Ann -Marie Sharpe, Director Risk Management Department