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HomeMy WebLinkAboutCRA-R-24-0041 Signed Amendment No. 5CITY OF MIAMI AMENDMENT NO. 5 TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI AND HORSEPOWER ELECTRIC, INC. This Amendment No. 5 ("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 conduct business in the State of Florida ("Horsepower"), is entered into this 14th day of May, 2024. 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, as well as the addition of Force Majeure language and updated Section 32. Counterparts; Electronic Signatures language; and WHEREAS, on October 26, 2023, Amendment No. 4 to the Agreement was executed under the delegated authority of the City Manager for the approval and implementation of the annual not to exceed five percent (5%) increase to contract pricing upon annual renewal, as well as the provision of an updated Nondiscrimination Clause and the addition of the E-Verify Employment Verification Clause; 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 $14,446.06 Each 2 Street Light Design A-2 $16,082.17 Each 3 Street Light Design A-3 $19,068.84 Each 4 Street Light Design A-4 $21,014.75 Each 5 Street Light Design B-1 $14,152.79 Each 6 Street Light Design B-2 $15,787.80 Each 7 Street Light Design B-3 $18,555.08 Each 8 Street Light Design B-4 $20,500.99 Each 9 Street Light Design C-1 $18,566.10 Each 10 Street Light Design C-2 $20,376.41 Each 11 35 ft. Aluminum Poles $13,992.93 Each 12 Maintenance per Landscape Light, new & existing $8.82 Month 13 Maintenance per Light Pole, new & existing $13.23 Month 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 party 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. "Horsepower" HORSEPOWER ELECTRIC, INC. a Florida profit corporation qualified to conduct business in the State of Florida ATTEST: Signature: 1 a p Signature: Print Name: "� ©� `� Print Name: Mtc-I-4AEL Miler W' L-- Title: OL k R,Q,r� Title: rags �D�! Corpot'ate Secretary or Notary President or Vice -President ATTEST: By: u5ignetl by: Fd6D75600CF1459 Todd Hannon, City Clerk DocuSigned by: "City" CITY OF MIAMI, a municipal corporation of the State of Florida By: 5DocuSigned by: ,1qA,wr Navicott Arthur Noriega V, City Manager APPROVED AS TO LEGAL FORM AND APPROVED AS TO INSURANCE CORRECTNESS: DS REQUIREMENTS: u5ignetl by: r y By: (14 n, By: George K. Wysong III, City Attorney (Matter 24-869) ,—DocuSignetl by: Fro& l amt.,,,.) —t7395C6'8 Ann -Marie Sharpe, Director Risk Management Department