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Home My WebLink AboutBack-Up Amendment No. 1Crystal Report Viewer City of Miami Text File Report City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File ID: 13-01178 Enactment #: R-13-0432 Version: 1 Type: Resolution Status: Passed Enactment Date: 10/24/13 Introduced: 10/2/13 Controlling Body: Office of the City Clerk A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING AN INCREASE TO THE PROFESSIONAL SERVICES AGREEMENT WITH STEARNS, CONRAD AND SCHMIDT CONSULTING ENGINEERS, INC. D/B/A SCS ENGINEERS ("SCS ENGINEERS"), FOR THE PROVISION OF MISCELLANEOUS ENVIRONMENTAL ENGINEERING SERVICES, IN AN AMOUNT NOT TO EXCEED $500,000.00, THEREBY INCREASING THE TOTAL CONTRACT AMOUNT FROM $500,000.00, TO AN AMOUNT NOT TO EXCEED $1,000,000.00; ALLOCATING FUNDS FOR SAID INCREASE, FROM THE APPROPRIATE CAPITAL IMPROVEMENT PROJECTS; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE AGREEMENT WITH SCS ENGINEERS, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. WHEREAS, on October 24, 2012, pursuant to Request for Qualifications No. 10-11-045, the City of Miami ("City") executed a Professional Services Agreement ("PSA") with Stearns, Conrad and Schmidt Consulting Engineers, Inc. d/b/a SCS Engineers ("SCS Engineers"), for the provision of Miscellaneous Environmental Engineering Services, in an amount not to exceed $500,000.00; and WHEREAS, SCS Engineers has been working on several environmental remediation assignments, which require continuation of services for compliance with regulatory requirements set by the Miami -Dade County Department of Regulatory and Economic Resources; and WHEREAS, the current remaining contract capacity is not sufficient to cover the costs necessary to address outstanding environmental remediation assignments, including the Coconut Grove Fire Rescue Training Facility, Merrie Christmas Park and Blanche Park; and WHEREAS, it is now necessary to enter into Amendment No. 1 with SCS Engineers, increasing the Agreement by $500,000.00, from $500,000.00 to a final not to exceed amount of $1,000,000.00; and WHEREAS, funds are to be allocated from the appropriate Capital Improvement Projects; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as fully set forth in this Section. Section 2. An increase to the PSA with SCS Engineers, for the provision of Miscellaneous Environmental Engineering Services, in the amount of $500,000.00, thereby increasing the total contract amount from $500,000.00, to an amount not to file:///S1/,..t%20Program/Legislation/2014/4-%20April-24-2014/Increase%20PSA-%20Environmental%20SCS%20Engineers/R-13-0432,htm[3/26/2014 2:24:24 PM] Crystal Report Viewer exceed of $1,000,000.00, is authorized, with funds for said increase, allocated from the appropriate Capital Improvement Projects. Section 3. The City Manager is authorized { 1 } to execute Amendment No. 1 to the Agreement, in substantially the attached form, with SCS Engineers, for said purpose. Section 4. This Resolution shall become effective immediately upon its adoption and signature of the Mayor. {2} file:///S1/...t%20Program/Legislation/2014/4-%20April-24-2014/Increase%20PSA%20Environmental-%20SCS%20Engineers/R-13-0432.htm[3/26/2014 2:24:24 PM] CITY OF MIAMI AMENDMENT NO. 1TOTHE PROFESSIONAL SERVICES AGREEMENT WITH 8TEARNS^CONRAD AND 5CH88|DT CONSULTING ENGINEERS, INC, D/130A SCS ENGINEERS FOR ENVIRONMENTAL ENGINEERING SERVICES FOR MISCELLANEOUS PROJECTS This Amendment No. 1 to the Professional Services Agreement dated Ocbober24, 2012 (the "Agreement") between the City of Miami n municipal corporation of the State of Florida ("City"), and Stea0s. Conrad and Schmidt Consulting Engineers, Inc, d/b/a SCS Engineers. ("Consultant") aVirginia corporation, for the provision | Engineering Services for Miscellaneous Projects ("Services") is entered into this _71�- day of Ki1011C_*YAbdY 2013, RECITALS WHEREAS, the Agreement was entered into pursuant to Request for Qualifications No, 1O-11- U45.inthe total amount nf$500.00O.for the Scope ofWork included iDthe original Aoraement and WHEREAS, 8CS Engineers has been working on several environmental remmdiation assignments, which require continuation of services for compliance with regulatory requirements set by the Miami -Dade County Department of Regulatory and Economic Resources; and WHEREAS, the current remaining contract capacity is not sufficient to cover the costs necessary to address outstanding emi[0ODnanta| RyDledimt|on ansignmento, including the Coconut Grove Fire Rescue Training Facility, N1errie Christmas Pork and Blanche Park-, and VVHEREAG, it is now necessary to enter into Amendment No. 1 with 8C8 Engineers, increasing the Agreement by $500,000, from $500,000 to a final not to exceed amount of $1,000,000; and WHEREAS, the City Commission has adopted Resolution No. R-13-0432 to approve the corresponding increase inthe Compensation Limits; and VVHEF|EAS, the Agreement is further amended to include language regarding certain public records duties of the Consultant now required pursuantto Florida Statutes Chapter 119; NOW THEREFORE, inconsideration ofthe foregoing, the parties hereby amend the Agreement as follows: 1, Article 2. General Conditions, Section 2.04-1 Compensation Limits The amount of compensation payable by the City to the Consultant shall bealump mum or not to exceed fee, based on the rgbam and schedules established in Attachment B hereto, which by this reference is incorporated into this Agreement; provided, hovwaver, that in OU event shall the amount ofcompensation exceed F-ima Hundred Thousand DoU3rC ($500.000,00) One K4iU|oD CmUa(s /$1`000.000), in total over the term of the Agreement and any extension()` unless explicitly approved by action of the City Commission and put into effect by written amendment to this Agreement. The City may, at its sole discretion use other compensation methodologies. The City shall not have any liability nor will the Consultant have any recourse against the City for any compensation, poyment, reimbursable expenditure, cost or ohon3e beyond the compensation limits of this A0ree0ent, as it may be amended from time totime. 2.Article 7.Documents and Records, Section 7.O4Nondisclosure To the extent allowed by law. the Consultant agrees not to divulge. furnish .or make mV@i|abka to any third persuD, firm or organization, without potifyinq the CUnauto[ or dee|gnee�s prior written oenGent |nwUtiDq. or un|amn incident tothe proper performance of the Consultant's obligations hereunder, or in the oouree of judicial or legislative proceedings where such Information has been properly subpoenaed, any +*OR Px61bli� information records that are exempt of onDfidonUe| and exempt from public eourds disclosure requirements concerning the een/ioem to be rendered by the Consultant hergunder, and the Consultant shall require all of its employees, agents, Sub - Consultants, and subcontractors to comply with the provisions of this paragraph, 3.Article 7.Documents and Records, Section 7.O5Maintenance nfRecords The Consultant will keep adequate records and supporting documentation, which concern o[reflect its services hereunder. Records subject tothe provisions ofthe Public Records Lovv, Florida Statutes Chapter 118, as amended, oho|| be kept in accordance with the applicable statutes, |qo|udi q without limitation &119`9701' F.8^ Otherwi8e, the records and documentation will be retained by the Consultant for a minimum of three (3) years from the date of termination of this Agreement Or the dote the Project is completed, whichever is later. The City. or any duly authorized agents or representatives of the Qty, shall have the right to audit, inspoot, and copy all such records and documentation BG often as they deem necessary during the period of this Agreement and during the three (3) year period noted above; prov|ded, however such activity shall beconducted only during normal business hours 4.All other terms and conditions ofthe Agreement are in operative force and effect and remain unchanged. (SEAL) ATTEST: THE CITY OF MIAMI, FLORIDA CITY OF MIAMI, FLORIDA, a municipal Corporation of the State of Florida By: By: Todd Hannon, City Clerk - Joh y Maftno, RE., City Manager APPROVED AS TO LEGAL FORM AND CORR ,CTNESS: By: Vic oria Mehdez, City Atto rey ATTEST: APPROVED JSTO IN.SURAN,OE' REQUIREMENTS: / „. (y: / tor Calvin Ellis, e Fisk Mana nt Department ' i CONSULTANT STEARNS, CONRAD AND SCHMIDT CONSULTING ENGINEERS, INC. D/B/A SCS ENGINEERS, a Virginia Corporation By: Corpar e Se retary (Signature) (Affix Corporate Seal) , . (Name and Title) 3 CERTIFICATE I, Michael W. McLaughlin, certify that I am the Secretary of Stearns, Conrad and Schmidt, Consulting Engineers, Inc. (dba SCS Engineers), that Eduardo Smith is a Vice President of SCS Engineers, and that, as such, he is authorized by the Board of Directors of SCS Engineers to enter into the agreement/amendment, in the name and on behalf of this corporation, with the City of Miami upon the terms contained in the proposed agreement/amendment to which this resolution is attached and to execute the corresponding agreement/amendment. Said authority was given by resolution of the Board of Directors of SCS Engineers at a meeting held on October 25, 2013, which resolution remains in full force and effect. [SEAL] Michael W. McLaughlin Secretary Stearns, Conrad and Schmidt, Consulting Engineers, Inc. (dba SCS Engineers) November 5, 2013