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HomeMy WebLinkAbout24636AGREEMENT INFORMATION AGREEMENT NUMBER 24636 NAME/TYPE OF AGREEMENT HORSEPOWER ELECTRIC, INC. DESCRIPTION AMENDMENT NO. 4 TO PROFESSIONAL SERVICES AGREEMENT/STREET LIGHTING DESIGN, INSTALLATION, REPAIR & MAINTENANCE SERVICES/MATTER ID: 23-2502 EFFECTIVE DATE October 26, 2023 ATTESTED BY TODD B. HANNON ATTESTED DATE 10/26/2023 DATE RECEIVED FROM ISSUING DEPT. 10/27/2023 NOTE DOCUSIGN AGREEMENT BY EMAIL CITY OF MIAMI DOCUMENT ROUTING FORM ORIGINATING DEPARTMENT: DEPT. CONTACT PERSON: Aimee Gandarilla EXT. 1906 NAME OF OTHER CONTRACTUAL PARTY/ENTITY: Horsepower Electric, Inc. Department of Procurement IS THIS AGREEMENT A RESULT OF A COMPETITIVE PROCUREMENT PROCESS? I TOTAL CONTRACT AMOUNT: $ FUNDING INVOLVED? r TYPE OF AGREEMENT: ❑ MANAGEMENT AGREEMENT ❑ PROFESSIONAL SERVICES AGREEMENT ❑ GRANT AGREEMENT ❑ EXPERT CONSULTANT AGREEMENT ❑ LICENSE AGREEMENT OTHER: (PLEASE SPECIFY) YES NO ES ❑ NO ❑ PUBLIC WORKS AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ INTER -LOCAL AGREEMENT ❑ LEASE AGREEMENT ❑ PURCHASE OR SALE AGREEMENT PURPOSE OF ITEM (BRIEF SUMMARY): AMENDMENT NO. 4 TO PROFESSIONAL SERVICES AGREEMENT WITH HORSEPOWER ELECTRIC, INC. COMMISSION APPROVAL DATE: FILE ID: ENACTMENT NO.: IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN: ROUTING INFORMATION Date PLEASE PRINT AND SIGN DIRECTOR OF PROCUREMENT/CHIEF PROCUREMENT OFFICER October 23, 2023 Annie Perez, CPPO 1 13:04:43EDT ocu5lgnetl by: SIGNATURE: --4- .:.-'-'e,‘-e-, RISK MANAGEMENT October 23, 2023 c�b Ann -Marie Sharpe I 13:19: 5,L.E.t by: SIGNATURE: tun G wao CITY ATTORNEY Matter 23-2502 October 24, 2023 Victoria Mendez I 16:05:3b— '"y' SIGNATURE: � °""`c `—F1EF96AF6FE6461.. ASSISTANT CITY MANAGER, CHIEF FINANCIAL OFFICER October 25, 2023 Larry Spring, CPA I 12 : 53: 32 D EDTby SIGNATURE: (Awn sph4 �G9y6',4/LSAl]A ASSISTANT CITY MANAGER, CHIEF OF OPERATIONS Natasha Colebrook -Williams SIGNATURE: DEPUTY CITY MANAGER October 25, 20 EiriIle2IIgEglc\fib@Dfh.D., PE �Docusignetl by: SIGNATURE: v-,. -:/.. -3-4.,1..,,.4.., CITY MANAGER October 25, 2023 Arthur Noriega V I 14: 50:40 bflS1netl by: SIGNATURE: a tut" CITY CLERK October 26, 2023 annon odd 9:33 46 EDT -DocuSignetl by: SIGNATURE: s �46,66b,4b_ PLEASE ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THAT REQUIRE EXECUTION BY THE CITY MANAGER IAFI I{SPAT 1 I City of Miami Office of the City Attorney Legal Services Request To: Office of the City Attorney From: Tahlia Gray Contact Person Procurement Analyst Title 10/23/2023 Date: Procurement Requesting Client (305) 416-1912 Telephone Legal Service Requested: Matter 23-2502: AMENDMENT NO. 4 TO PROFESSIONAL SERVICES AGREEMENT WITH HORSEPOWER ELECTRIC, INC. Complete form and forward to the Office of the City Attorney or e-mail to Legal Services. Do not assume that the Office of the City Attorney knows the background of the question and/or issue, such as opinions on the same or similar issues, the existence of relevant memos, correspondence, etc. Please attach to this form and/or e-mail all pertinent information relating to the subject. Once your request has been assigned, an e-mail will be sent to you with the Assigned Attorney's name and the issued matter identification number. All attorneys in the Office of the City Attorney shall fully comply with the Rules Regulating the Florida Bar. For Legal Services requesting an opinion from the Office of the City Attorney: nlssue opinion in writing. Publish opinion after issuance. Authorized by: Annie Perez Date response requested by: BELOW PORTION TO BE COMPLETED BY THE OFFICE OF THE CITY ATTORNEY Assigned Attorney: Date: File No. Approved by: Ultimate Client: Comments: D / R Date: Copy returned to Requesting Client Type: Matrix: Category: Copy to Ultimate Client rev. 04/14/2017 CITY 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: ( VIOLA Title: Corporate Secretary or Notary DocuSigned by: ATTEST: Co:Signetl by: By: [ Todd Hannon, City Clerk APPROVED AS TO LEGAL FORM AND CORRECTNESS: REQUIREMENTS: ,-DS DocuSignetl by: ^r By: > By: Victoria Mendez, City Attorney (Matter 23-2502) Ann -Marie Sharpe, Director Risk Management Department Title: "Horsepower" HORSEPOWER ELECTRIC, INC. a Florida profit corporation qualified to do business in the State of Florida Signature: Print Name: /1/4.4 ictf-/ICL A/I0 Z— f ii>ifArr President or Vice -President "City" CITY OF MIAMI, a municipal corporation of the State of Florida By: DocuSignetl by: Qv ,ur Novicy, `--651)Ci.6,2D042 Arthur Noriega V, City Manager APPROVED AS TO INSURANCE DocuSignetl by: tun, 63Awao / A� o® CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 07/11/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Frank H. Furman, Inc. 1314 East Atlantic Blvd. P. O. Box 1927 Pompano Beach FL 33061 CONTACT Regina Bunker NAME: PHONE o, Ext): (954) 943-5050 FAX No): (954) 942-6310 AE-DDREMAIL SS: regina@furmaninsurance.com INSURER(S)AFFORDING COVERAGE NAIC # INSURERA: Houston Specialty Insurance Company 12936. INSURED Horsepower Electric Inc 8105 W 20th Ave Hialeah FL 33014 INSURERS : Imperium Insurance Company 35408 INSURER C : Bridgefield Casualty Ins Co 10335 INSURER D : Indian Harbor Insurance Company 36940 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 23-24 GL/AU/UM/WC/PL REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE IANSD DDL UBR SWVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y CONHSGL000042700 /1_ � */146/2023��V// (�.� J 07/16/2024 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) 100,000 $ X XCU Broad Form PD MED EXP (Any one person) $ 5'000 Contractual Liability Applies PERSONAL &ADV INJURY 1,000,000 $GEN'L AGGREGATE X LIMIT APPLIES PRO JECT PER: LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS-COMP/OPAGG $ 2,000,000 $ B AUTOMOBILE X XHIRED LIABILITY ANY AUTO OWNED �/ SCHEDULED AUTOS NON -OWNED AUTOS ONLY Y Y `� •^' ` , CON-IIC-CA-1ZOgp00A� V cY O 03/31/2023 03/31/2024 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ PIP - Basic $ 10,000 A X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE Y Q ( VHSCX000033500 07/16/2023 07/16/2024 EACH OCCURRENCE $ 5'000'000 AGGREGATE $ 5,000,000 DED RETENTION $ $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N N N /A Y 196-57732 03/31/2023 03/31/2024 X PER STATUTE OTH ER E.L. EACH ACCIDENT 1,000,000 $ E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT 1,000,000 $ D Professional Liability & Contractors Pollution Liability PEC005358204 02/04/2023 02/04/2024 Each Claim Aggregate $2,000,000 $2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Certificate holder is included as additional insured regarding General Liability and Auto Liability on a primary & non contributory basis when required by written contract. Umbrella Follows Form over GL/AU/EL. Waiver of Subrogation applies to General Liability, Auto Liability and Workers Compensation as required by written contract. The coverages do not have exclusions for subcontractors or contingent liability. CERTIFICATE HOLDER CANCELLATION City of Miami 444 SW 2nd Ave 8th Floor Miami FL 33130 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD From: Ouevedo, Terry To: Carbonell, Aileen; Gomez Jr., Francisco (Frank) Cc: Aviles. Yesenia Subject: RE: PROCUREMENT INSURANCE REVIEW HORSEPOWER ELECTRIC INC COI Date: Wednesday, October 18, 2023 6:23:37 AM Aileen The certificate is adequate. Regards, City of Miami Risk Management Department 9th Floor 444 SW 2nd Avenue 0 Miami, Florida 33130 l'Q (305) 416-1641 Office �V (305) 416-1710 Fax TquevedoPmiamigov.com Q. n9 :S�rarury, S ra�rccar9, aprd 714ossccr9 arvr VQ$ i 91 From: Carbonell, Aileen <ACarbonell@rr' amigov m> Sent: Tuesday, October 17, 2023 4:42 PM 1,\"Y To: Gomez Jr., Francisco (Frank) <FGomez@miamigov.com> Cc: Quevedo, Terry <TQuevedo@miamigov.com>; Aviles, Yesenia <YAviles@miamigov.com> Subject: PROCUREMENT INSURANCE REVIEW HORSEPOWER ELECTRIC INC COI Importance: High Good afternoon, Please review the insurance attached at your earliest convenience and advise if adequate according to insurance requirements contained therein. Thank you! Kind regards, Aileen Carbonell, MPA Procurement Assistant Department of Procurement 444 SW 2nd Avenue, 6th Floor Miami, Florida 33130 Office: (305) 416-1922 Facsimile: (305) 416-1925 Email: acarbonellPmiamigov.com Remit W9 to: PurchasingSupplierAdminsl@miamigov.com Website: https://beta.miamigov.com/Government/Departments-Organizations/Procurement "Serving, Enhancing, and Transforming our Community" CONFIDENTIAL COMMUNICATION The information contained in this transmission may contain privileged and confidential information. It is intended only for the use of the person(s) named above. If you are not the intended recipient, you are hereby notified that any review, dissemination, distribution, or duplication of this communication is strictly prohibited. If you are not the intended recipient, please immediately contact the sender by reply e-mail and destroy all copies of the original message. Thank you. Vvr *Please Note: Due to Florida's very broad public records law, most written communications to or from City of Miami employees regarding City business are public records, available to the public and media upon request. Therefore, this e-mail communication may be subject to public disclosurr O Q ` CORPORATE RESOLUTION (This Resolution needs to authorize the signatory to sign.) WHEREAS, Horsepower Electric Inc., a for profit corporation authorized to conduct business in Florida ("Horsepower" or "Contractor"), desires to enter into an agreement with the City of Miami, a Florida municipal corporation ("City"), for the purpose of performing the work described in the Agreement 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 or orati n s a thorized to enter into the Agreement wit[?tlae City, and the [President, F'�Ai€ AA.(' Zj" f (.0 , and the Secretary, lA S D ✓L 1, 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 24 day of 0c2:1 , 2023. (5)2p 9t#09.f ae 1C C . ("Contractor") (State) Corporation (Sign) Print Name: Hi- / f4`T' Z Title: j�1-PS'r c�vct (Sign - Attest) Print Name: L (s 140vt de `o Olivera, Rosemary From: Gandarilla, Aimee Sent: Friday, October 27, 2023 8:31 AM To: Hannon, Todd Cc: Lee, Denise; Olivera, Rosemary; Brown, Sadie; Cabrera, Paola Subject: Amendment No 4 PSA Street Lighting Horsepower Electric Contract 352306 (matter 23-2502) Attachments: Amendment No 4 PSA Street Lighting Horsepower Electric Contract 352306 (matter 23-2502).pdf Good morning Todd, Please find attached the fully executed copy of an agreement from DocuSign that is to be considered an original agreement for your records. Thank you, Qixnee gaxtdcvtifia Procurement Assistant City of Miami Procurement Department 444 SW 2nd Avenue, 6th floor, Miami, FL 33130 P (305) 416-1906 F (305) 400-5338 E agandarilla@miami.gov https://www.miami.gov/My-Government/Departments/Procurement "Serving, Enhancing, and Transforming our Community" 1