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HomeMy WebLinkAboutAmendments - SCSCity of Miami Legislation Resolution: R-14-0155 City Hail 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 14-00359 Final Action Date: 4/24/2014 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING AN INCREASE TO THE PROFESSIONAL SERVICES AGREEMENT ("PSA") WITH STEARNS, CONRADAND SCHMIDT CONSULTING ENGINEERS, INC. D/BIA 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 $1,000,000.00, TO AN AMOUNT NOT TO EXCEED $1,500,000.00; ALLOCATING FUNDS FOR SAID INCREASE, FROM THE APPROPRIATE CAPITAL IMPROVEMENT PROJECTS; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 2 TO THE PSA 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, on October 24, 2013, pursuant to Resolution No. 13-0432, the City Commission approved Amendment No. 1, increasing the PSA expenditure limit by a not to exceed amount of $500,000.00, from an original $500,000.00 to a total not to exceed amount of $1,000,000.00, due to several environmental remediation assignments which required continuation of services for compliance with regulatory requirements set by the Miami -Dade County Department of Regulatory and Economic Resources; and WHEREAS, SCS Engineers has prior experience with assessment and remediation of Miami -Dade County parks with similar issues related to former landfill activities; and WHEREAS, the site assessment strategies and the cleanup action plans that SCS Engineers have and are in the process of proposing, have resulted in cost savings in an increasingly expensive endeavor to achieve environmental compliance; and WHEREAS, the current remaining contract capacity is not sufficient to cover the costs necessary to address further outstanding environmental remediation assignments, including but not limited to, oversight at Blanche Park, Merrie Christmas Park, Curtis Park, Bayfront Park, Melreese Golf Course, and the Coconut Grove Fire Rescue Training; and WHEREAS, it is now necessary to enter into Amendment No. 2 with SCS Engineers, increasing the PSA by $500,000.00, from $1,000,000.00 to an amount not to exceed $1,500,000.00; and City ofMiarni Page 1 of 2 File Id; 14-00359 (Version: 1) Printed On: 2/13/2015 File Number: 14-00359 Enactment Number: R-14-0155 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 PSA amount from $1,000,000.00, to an amount not to exceed $1,500,000.00, 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. 2 to the PSA, 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} Footnote s {1} The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code provisions. {2} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. L7ty of Miami Page 2 of 2 File Id: 14-00359 (Version: 1) Printed On: 2/13/2015 CITY OF MIAMI AMFNDMENT NO, 2 TO THE PROFESSIONAL SERVICES AGREEMENT WITH STEARNS, CONRAD AND SCHMIDT CONSULTING ENGINEERS, INC. D/B/A SOS ENGINEERS FOR ENVIRONMENTAL, ENGINEERING SERVICES FOR MISCELLANEOUS PROJECTS This Amendment No, 2 to the Professional Services Agreement dated October 24, 2012 (the "Agreement") between the City of Miami, a municipal corporation of the State of Florida ("City"), and Stearns, Conrad and Schmidt Consulting Engineers, Inc. d/bfa SCS Engineers, ("Consultant") a Virginia corporation, for the provision of Erivironmental Engineering Services for Miscellaneous Projects ("Services") is entered into this ' day of Zi u 2014,. RECITALS WHEREAS, the Agreement was entered into pursuant to Request for Qualifications No. 10-11- 045, in the total amount of $500,000, far the Scope of Work included in the original Agreement; and WHEREAS, on October 24, 2013, pursuant to Resolution R-13-0432, the City Commission approved Amendment No. 1, increasing the Agreement expenditure limit by a not to exceed amount of $500,000, from an original $500,000, to a total not to exceed amount of $1,000,000, due to several environmental remediation assignments, which required continuation of services for compliance with regulatory requirements set by the Miami -Dade County Department of Regulatory and Economic Resources; and WHEREAS, the site assessment strategies and the cleanup action plans that SCS Engineers have and are in the process of proposing, have resulted In cost savings in an increasingly expensive endeavor to .achieve environmental compliance; and WHEREAS, the current remaining contract capacity is not sufficient to cover the costs necessary to address further outstanding environmental remediation assignments, including but not limited to, oversight at Blanche Park, Me.rrie Christmas Park, Curtis Park, Bayfront Park, Melreese Golf Course, and the Coconut Grove Fire Rescue Training; and WHEREAS, it is now necessary to enter into Amendment No, 2 with SCS Engineers, increasing the Agreement by $500,000, from $1,000,000 to a final not to exceed amount of $1,500,000; and WHEREAS, the. City Commission has adopted Resolution No. 14-0155, to approve the corresponding increase in the Compensation Limits; and NOW THEREFORE, in consideration of the 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 be a lump sum or not to exceed fee, based on the rates and schedules established in Attachment B hereto, which by this reference is incorporated into this Agreement; provided, however, that in no event shall the amount of compensation exceed One Million Dollars ($1,000,000.00) 01 500,9991 in total over the term of the Agreement and any extension(s), 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, payment, reimbursable expenditure, cost or charge beyond the compensation limits of this Agreement, as it may be amended from time to time. 2. 6rticre 2. General Conditions. Section 7.05- Maintenance of Records Section 1 — General Terms and Conditions, Article 107 _ Review of Records, is amended to additionally comply with changes to Florida Statutes, Chapter 119, the Public Records Act, and is supplemented as stipulated below, These terms and conditions shall become effective upon execution of this Amendment No, 2. 'Consultant shall additionally comply with Section 119.0701, Florida Statutes, including without limitation: (1) keep and .maintain public records that ordinarily and necessarily would be required by the City to perform this service ; (2) provide the public with access to public records on the same terms and conditions as the City would at the cost provided by Chapter 119, Florida Statutes, or as otherwise provided by law ; (3) ensure that publicrecords that are exempt or confidential and exempt from disclosure are not disclosed except as authorized by law; (4) meet all requirements for retaining public records and transfer, at no cost, to the City all public records in its possession upon termination of this Agreement and destroy any duplicate public records that are exempt or confidential and exempt from disclosure requirements ; (5) Ail electronically stored public records must be provided to the City in a format compatible with the City's information technology systems." All other terms and conditions of the Agreement are in operative force and effect and remain unchanged. 2 THE CITY OF MIAMI, FLORIDA CITY OF MIAMI, FLORIDA, a municipal Corporation of the State of Florida (SEAL) ATTEST: ion, City Clerk Daniel J. Alton APP OiED S TO F CORECTIjb FORM AND Victoria Me z "City Attorney ATTEST: (Affix Corporate Seal) APPROVED REQUIRE By: Ann -Marie : harp, terim Director Risk Man gemen Department CO IDS U LTANT STEARNS, CONRAD AND SCHMIDT CONSULTING ENGINEERS, INC. D/B/A SCS ENGINEERS, a Virginia Corporation (Sigma re) �'1uhrWt . i' e Y%/, {;C. Rees-p 1" (Name nd Title) CERTIFICATE I, Michael W. McLaughlin, certify that I am the Secretary of Stearns., Conrad and Schrnidt, Consulting Engineers, Inc.. (dba SCS Engineers), that Raymond J. Deveris a Vice President. and Office Director of SCS Engineers, and that, as such, he is authorized by the Board of Directors of SCS Engineers to enter into Amendment No. 2 to the Professional Services Agreement in the name and on behalf of this corporation, with the City of Miami upon the terms contained in the proposed amendment to which this resolution is attached and to execute the corresponding 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. Maughlin Secretary Stearns, Conrad and Schmidt, Consulting Engineers, Inc. (dba SCS Engineers) May12,2014 City of Miami Legislation Resolution: R-13-0432 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 13-01178 Final Action Date: 10/24/2013 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,. FLORI DA: 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 City of Miami Page 1 of 2 File Id: 13-01178 (Version: 1} Printed On: 2/13/2015 File Number: 13-01178 Enactment Number: R-13-0432 contract amount from $500,000.00, to an amount not to 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} Footnotes: {1} The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code provisions, {2} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. City of Miami Page 2 of 2 File Id: 13-01178 (Version: 1) Printed Om 2/13/2015 AGREEMENT AMENDMENT NO. 1 CITY OF MIAIVII AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT WITH STEARNS,. CONRAD AND SCHMIDT: CONSULTING ENGINEERS, INC.D!B!A SCS ENGINEERS FOR ENVIRONMENTAL ENGINEERINGSERVICES FOR MISCELLANEOUS PROJECTS This Amendment No..it to the Professional: Services Agreement dated October 2.4, 2012 (the "Agreement') between the City of Miami, a municipal corporation of the State ;ofFlorida ("City"), and Stearns, Conrad -and Schmidt Consulting Engineers, . inc. d/bfa SCS Engineers, (°Consultant'`) a Virginia corporation, for the provision of Envv'ronmentai Engineering Services for Miscellaneous Projects f"Services") is.:ehtered into this day of No , 2013, RECITALS WHEREAS, the Agreement was entered into pursuant to Request for Qualifications No 10-11- 045, in the total amount: of $500,000, for the Scope of Work included in the original Agreement; -and WHEREAS, SOS Engineers has been working on several environmental remediation assignments, which require continuation of services for compliance with regulatory requirements set by the.:Miaml-lade County Department of Regulatory and Economic 'Resources; and WHEREAS, the current .remaining contract capacity is riot sufficient to cover the -costs necessary to address outstanding environmental remedietian assignments, including the Coconut Grove Fire Rescue Training Facility, Morrie Christmas lark and Blanche Park, and WHEREAS, it is new necessary to: enter into.Arriendment No. 1 with SCS '.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 t orrespending increase in the Compensation -Limits: and WHEREAS, the. Agreement is further amended to include language regarding certain public records duties of the Consultant now required pursuant to Florida Statutes Chapter 119; NOW THEREFORE, :in consideration .of the :foregoing, the parties :hereby amendthe Agreement. as follows: 1. Article •2. Genera! Conditions, Section 2.04-1 Compensation' Limit The artount of compensation payable by the City 'to the Consultant shall .be a Iump. sum or not to exceed fee, based ort the rates arid schedules .established In Attachment B hereto, which by this reference is incorporated into this Agreement provided, however, that in no event shalt the amount of compensation exceed.: i e e Curie Mlllian Doliars ($1 �[igf3:(}.p(i in total over the term of the Agreement and any esrterision(s), 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, payment, reimbursable expenditure, cost or charge beyond the compensation limits 'of this Agreement, as it may be amended from tirneto time. 2.. Article 7, Documents and Records, Section 7.04 Nondisclosure To the :extent allowed by law; the Consultant agrees not to divEge, furnish ,or make available to Ar,y third person, firm or organization, ,without notifylne the Director or desieheee'ler-ioe-wTitteeeeeeseeet in writing, or unless incident to the proper performance of the Consultant's ,obligations hereunder, or in the. course of :judicial or legislative proceedings where such inforreation has been properly scbpoetlaed, any f records that are. exempt or confidential and reecerepttrein puf tic records disclersure requirements concerning the services to be rendered by the Cana-Latenthereunder, and, the Consultant shall require all of its employees., agents, Sub-., Consultants, and subcantractor..s tocomply with the provisions of :this paragraph;. 3, Article 7. 'Documents and Records; Section 7,05 Maintenance of Records: The Consultant will keep adequate ,records and supporting documentation; which concern or reflect its services hereunder. Records subject to the provisions of the Public Records Law, Florida Statues Chapter 119, as amended„ shall be kept in accordance with the applicable statutes, Includingwithout imitation'§119.0701, F.S. Otherwise, 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 date the Project is completed, whichever is later. The City, or any defy authorized agents or representatives of the City, shall have the right to audit, inspect, and dopy all such records and documentation as often as they deem necessary dicing the period of this Agreement and during the three (3) year period noted above, provided, however such activity shall be conducted only during normal business hours 4. All Other terrris and conditions: of the Agreernent are in operative force and. effect and remain unchanged. ATTEST, By. THE CITY OF MIAMI, FLORIDA (SEAL) Todd Hannon, City .Clerk APPROVED AS TO LEGAL FORM AND CORR-OTNESS; By Vidforia Mehclez, City (Affix Corporate Seal) CITY OF MIAMI, FLORIDA, a municipal Corporation of the State of Florida y.Martin-y, RE., City Manager / APPROVED REQUIREM y: Calvin Ellis, wire to Risk Mana em nt:Department CONSULTANT STEARNS, CONMD AND SCHMIDT CONSULT1NC ENGINEERS, INC. DIB/A ScS ENGINEERS, a Virginia Corporation By: (S%riaturJ) (Name and Title) VP CERTIFICATE I, Michael W. McLaughlin,certify that.I am the Secretary of Steams, Conrad and Schmidt, Consulting Engineers, (Oa iSCS Engineers), that Eduardo S.411itil is a Vice President of SCS Engineerg,'and tht, as such, beis 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 IVIiarni upon the terms contained in the proposed agreement/amendment to which this resolution is attached and to execute the corresponding agreement/amendment. Said authority vas 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 arid effect. [SEAL] .Michael W. McLaughlin Secretary Steams, Conrad and Schmidt, Consulting Engineers, Inc, (dba S CS Engineers) November 5, 2013