HomeMy WebLinkAboutExhibit SUBTHIS ITEM IS A SUBSTITUTION. THE
ORIGINAL CAN BE FOUND AT THE END OF
THIS DOCUMENT.
CITY OF MIAMI
OFFICE OF CAPITAL IMPROVEMENTS
AMENDMENT No. 2 TO THE PROFESSIONAL SERVICES AGREEMENT
WITH WSP USA. INC.
FOR CIVIL ENGINEERING SERVICES FOR MISCELLANEOUS PROJECTS
This Amendment No. 2 to the Professional Services Agreement dated August 10, 2018 (the
"Agreement") between the City of Miami, a municipal corporation of the State of Florida ("City"),
and WSP USA, Inc. ("Consultant"), a Foreign Corporation authorized to transact business in
Florida, for the provision of Civil Engineering Services for Miscellaneous Projects ("Services")
for the Office of Capital Improvements ("OCI") is entered into this day of
, 2019.
WHEREAS, pursuant to the City of Miami ("City") Procurement Code Section 18-87 and
Request for Qualifications ("RFQ") No. 16-17-063, the City Manager executed an Agreement with
Consultant for an amount not -to -exceed $500,000.00; and
WHEREAS, pursuant to Resolution R-19-0204, adopted by the City Commission on May
23, 2019, the Agreement was increased by an additional $500 ,000.00, to an amount not -to -
exceed $1,000 ,000.00; and
WHEREAS, pursuant to Resolution R-19-0083, adopted by the City Commission on
February 28, 2019, approved a Memorandum of Understanding ("MOU") with the Florida
Department of Transportation ("FOOT"), outlining the City's areas of responsibility and scope of
work on February 28, 2019 for the Project. Per the MOU with FOOT, the City assumes the
planning, operation, maintenance, and governance of thirty-three (33) acres of open space that
will run underneath the Project. The Project will have a direct economic impact to residents,
business owners, and tourists, by increasing open space spanning downtown Miami and various
Community Redevelopment Areas; and
WHEREAS, the current Compensation Limit is not sufficient to address the costs
associated with the outstanding and foreseeable future design, planning or study activity, and
construction administration assignments; and
WHEREAS, pursuant to Section 287.055, Florida Statutes, known as the "Consultants
Competitive Negotiation Act," provides, in the pertinent portion, that the fee for professional
services for each individual study under the contract must not exceed $200 ,000.00, among other
limitations; and
WHEREAS, it is in the best interest of the City to increase the Compensation Limit to
accommodate outstanding and foreseeable future assignments; and
WHEREAS, funds are to be allocated from OCI Project No. 40-B193621 prior to City
authorization to commence future assignments issued pursuant to this Amendment.
NOW THEREFORE, in consideration of the foregoing, the parties hereby amend the
Agreement as follows:
FILE NO. 6412 EXHIBIT
AMENDMENT No. 2 TO THE PROFESSIONAL SERVICES AGREEMENT WITH WSP
USA, INC. FOR CIVIL ENGINEERING SERVICES FOR MISCELLANEOUS PROJECTS
Section 2.05-1 Compensation Limits is hereby increased by Four Hundred Fifty
Thousand Dollars ($450,000.00), thereby increasing the total award value from One
Million Dollars ($1,000,000.00), to an amount not -to -exceed One Million Four Hundred
Fifty Thousand Dollars ($1,450,000.00). The One Million Four Hundred Fifty Thousand
Dollars ($1,450,000.00) is a Guaranteed Maximum Price inclusive, without limitation, of
fees, costs, and reimbursable expenses.
All other terms and conditions of the Agreement are in operative force and effect and remain
unchanged.
19-2087 revised 10/21/19
AMENDMENT No. 2 TO THE PROFESSIONAL SERVICES AGREEMENT WITH WSP
USA, INC. FOR CIVIL ENGINEERING SERVICES FOR MISCELLANEOUS PROJECTS
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed
by their respective officials thereunto duly authorized, the day and year above written.
"City"
CITY OF MIAMI, a municipal
ATTEST: corporation
By:
Todd B. Hannon, City Clerk Emilio T. Gonzalez, Ph.D., City Manager
"Contractor"
ATTEST: WSP USA, Inc., a Foreign corporation
By:
PrintName: Print Name:
Title: Title:
(Corporate Seal) (Authorized Corporate Officer)
APPROVED AS TO LEGAL FORM
APPROVED AS TO INSURANCE
AND CORRECTNESS: REQUIREMENTS:
Victoria Mendez Ann -Marie Sharpe
City Attorney Risk Management Director
19-2087 revised 10/21/19
AMENDMENT No. 2 TO THE PROFESSIONAL SERVICES AGREEMENT WITH WSP
USA, INC. FOR CIVIL ENGINEERING SERVICES FOR MISCELLANEOUS PROJECTS
CORPORATE RESOLUTION
(This Resolution must authorize the signatory to sign)
WHEREAS, a corporation,
desires to enter into an agreement with the City of Miami for the purpose of performing the work
described in the contract to which this resolution is attached; and
WHEREAS, the Board of Directors at a duly held corporate meeting has considered the
matter in accordance with the bylaws of the corporation;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS that this
corporation is authorized to enter into the Agreement with the City, and the President and the
Secretary are hereby authorized and directed to execute the Agreement in the name of this
Corporation and to execute any other document and perform any acts in connection therewith
as may be required to accomplish its purpose.
IN WITNESS WHEREOF, this day of ,201
("Contractor")
A (State) Corporation
By:
Print Name:
(sign)
TITLE:
(sign)
Print Name:
19-2087 revised 10/21/19
AMENDMENT No. 2 TO THE PROFESSIONAL SERVICES AGREEMENT WITH WSP
USA , INC. FOR CIVIL ENGINEERING SERVICES FOR MISCELLANEOUS PROJECTS
CERTIFICATE OF AUTHORITY
(IF CORPORATION OR LLC)
HEREBY CERTIFY that at a meeting of the Board of Directors
of , a corporation organized and existing under the laws of theState
of , held on the _day of , a resolution was duly passed
and adopted authorizing (Name) as (Title) of the
corporation to execute agreements on behalf of the corporation and providing that his/her
execution thereof, attested by the secretary of the corporation , shall be the official act and deed
of the corporation.
I further certify that said resolution remains in full force and effect.
IN WITNESS WHEREOF , I have hereunto set my hand this _ , day of
2018.
Secretary:
Print:
19-2087 revised 10/21/19
SUBSTITUTED.
CITY OF MIAMI
OFFICE OF CAPITAL IMPROVEMENTS
AMENDMENT No. 2 TO THE PROFESSIONAL SERVICES AGREEME
WITH WSP USA, INC.
FOR CIVIL ENGINEERING SERVICES FOR MISCELLANEOUS P OJECTS
This Amendment No. 2 to the Professional Services Agreement date +' August 10, 2018 (the
"Agreement") between the City of Miami, a municipal corporation of th State of Florida ("City"),
and WSP USA, Inc. ("Consultant"), a Foreign Corporation authori -d to transact business in
Florida, for the provision of Civil Engineering Services for Miscel neous Projects ("Services")
for the Office of Capital Improvements ("OCI") is enter: d into this day of
, 2019.
RECITALS
WHEREAS, pursuant to the City of Miami (" Ci') Procurement Code Section 18-87 and
Request for Qualifications ("RFQ") No. 16-17-063, e City Manager executed an Agreement
with Consultant for an amount not -to -exceed $500 +I00.00; and
WHEREAS, pursuant to Resolution R-1. 0204, adopted by the City Commission on May
23, 2019, the Agreement was increased by : n additional $500,000.00, to an amount not -to -
exceed $1,000,000.00; and
WHEREAS, pursuant to Resolution R-19-0083, adopted by the City Commission on
February 28, 2019, approved a Me °orandum of Understanding ("MOU") with the Florida
Department of Transportation ("FDOT'), outlining the City's areas of responsibility and scope of
work on February 28, 2019 for th:' Project. Per the MOU with FDOT, the City assumes the
planning, operation, maintenance, and governance of thirty-three (33) acres of open space that
will run underneath the Project The Project will have a direct economic impact to residents,
business owners, and touris by increasing open space spanning downtown Miami and
various Community Redevelrpment Areas; and
WHEREAS, the rrent Compensation Limit is not sufficient to address the costs
associated with the out ending and foreseeable future design, planning or study activity, and
construction administr: tion assignments; and
WHEREAS pursuant to Section 287.055, Florida Statutes, known as the "Consultants
Competitive Neg•`ration Act," provides, in the pertinent portion, that the fee for professional
services for ear` individual study under the contract must not exceed $200,000.00, among
other limitatio►s; and
W REAS, it is in the best interest of the City to increase the Compensation Limit to
accomm.•ate outstanding and foreseeable future assignments; and
HEREAS, funds are to be allocated from OCI Project No. 40-B193621 prior to City
authorization to commence future assignments issued pursuant to this Amendment.
NOW THEREFORE, in consideration of the foregoing, the parties hereby amend the
greement as follows:
SUBSTITUTED.
AMENDMENT No. 2 TO THE PROFESSIONAL SERVICES AGREEMENT WITH WSP
USA, INC. FOR CIVIL ENGINEERING SERVICES FOR MISCELLANEOUS PROJECTS
Section 2.05-1 Compensation Limits is hereby increased by Two Hundred .fifty
Thousand Dollars ($250,000.00), thereby increasing the total award value fro One
Million Dollars ($1,000,000.00), to an amount not -to -exceed One Million Two ndred
Fifty Thousand Dollars ($1,250,000,00). The One Million Two Hundred Fifty Thousand
Dollars ($1,250,000.00) is a Guaranteed Maximum Price inclusive, without Iir itation, of
fees, costs, and reimbursable expenses.
All other terms and conditions of the Agreement are in operative force and e►ect and remain
unchanged.
19-2087 revised 8/23/19
SUBSTITUTED.
AMENDMENT No. 2 TO THE PROFESSIONAL SERVICES AGREEMENT WITH WSP
USA, INC. FOR CIVIL ENGINEERING SERVICES FOR MISCELLANEOUS PROJECTS
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be ex
by their respective officials thereunto duly authorized, the day and year above written.
"City"
CITY OF MIAMI, a mun ipal
ATTEST: corporation
By:
Todd B. Hannon, City Clerk Emilio T. Ganz. ez, Ph.D., City Manager
uted
"Cont
ctor"
ATTEST: P USA, Inc., a Foreign corporation
By:
Print Name: Print Name:
Title: Title:
(Corporate Seal) (Authorized Corporate Officer)
APPROVED AS TO LEG L FORM APPROVED AS TO INSURANCE
AND CORRECTNESS: REQUIREMENTS:
Victoria Mend
City Attorney
19-2087 revised 8/23/19
Ann -Marie Sharpe
Risk Management Director
SUBSTITUTED.
AMENDMENT No. 2 TO THE PROFESSIONAL SERVICES AGREEMENT WITH WSP
USA, INC. FOR CIVIL ENGINEERING SERVICES FOR MISCELLANEOUS PROJECTS
WHEREAS,
CORPORATE RESOLUTION
(This Resolution must authorize the signatory to sign)
a orporation,
desires to enter into an agreement with the City of Miami for the purpose of perfuming the work
described in the contract to which this resolution is attached; and
WHEREAS, the Board of Directors at a duly held corporate mee g has considered the
matter in accordance with the bylaws of the corporation;
NOW, THEREFORE, BE IT RESOLVED BY THE BOA"I OF DIRECTORS that this
corporation is authorized to enter into the Agreement with th City, and the President and the
Secretary are hereby authorized and directed to execut:r the Agreement in the name of this
Corporation and to execute any other document and r erform any acts in connection therewith
as may be required to accomplish its purpose.
IN WITNESS WHEREOF, this day of , 201
("Contractor")
A (State) Corporation
By: (sign)
Print Name:
TITLE:
(sign)
Print Na e:
19-2087 revised 8/23/19
SUBSTITUTED.
AMENDMENT No. 2 TO THE PROFESSIONAL SERVICES AGREEMENT WITH WSP
USA, INC. FOR CIVIL ENGINEERING SERVICES FOR MISCELLANEOUS PROJECTS
CERTIFICATE OF AUTHORITY
(IF CORPORATION OR LLC)
I HEREBY CERTIFY that at a meeting of the Board of Rirectors
of , a corporation organized and existing under the laws the State
of held on the day of , , a resolution wa , duly passed
and adopted authorizing (Name) as (Title) of the
corporation to execute agreements on behalf of the corporation and provir.'ing that his/her
execution thereof, attested by the secretary of the corporation, shall be the o :cial act and deed
of the corporation.
I further certify that said resolution remains in full force and effect.
2018.
Secretary:
Print:
9-2087 revised 8/23/19
IN WITNESS WHEREOF, I have hereunto set my hand thi , day of