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HomeMy WebLinkAboutExhibitCITY OF MIAMI DEPARTMENT OF RESILIENCE AND PUBLIC WORKS AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT WITH ARDURRA GROUP, INC. FOR CIVIL ENGINEERING SERVICES FOR CITYWIDE FLOOD MITIGATION IMPROVEMENTS CONTRACT RFQ NO. 23-24-004 This Amendment No. 1 to the Professional Services Agreement dated November 4, 2024 (the "Agreement") between the City of Miami, a municipal corporation of the State of Florida ("City"), and Ardurra Group, Inc. ("Consultant"), a Florida Profit Corporation, for the provision of civil engineering services for citywide flood mitigation improvements ("Services") for the Department of Resilience and Public Works ("RPW") is entered into this day of , 2026. RECITALS WHEREAS, pursuant to the City of Miami ("City") Procurement Code Section 18-87 and Request for Qualifications ("RFQ") No. 23-24-004, the City Manager executed an Agreement with the Consultant for an amount of $1,322,148.27; and WHEREAS, the current Water Main Compensation Limit is insufficient to address the additional work for the replacement of a small water main within the City of Miami 8th Street project; and WHEREAS, it is in the best interest of the City to increase the existing capacity of the Agreement to accommodate the additional work for the replacement of a small water main within the City of Miami 8th Street project; and WHEREAS, this Amendment No. 1 to the Agreement increases the capacity of the Agreement by $233,213,38, thereby increasing the award value from $1,322,148.27 to an amount of $1,555,361.65; and WHEREAS, the City Commission has adopted Resolution No. , to approve the corresponding increase in the Compensation Limits. NOW THEREFORE, in consideration of the foregoing, the parties hereby amend the Agreement as follows: Section 2.04-1 Compensation Limits: The amount of compensation payable by the City to the Consultant shall generally be a lump sum not to exceed fee, based on the rates and schedules established in Attachment B, "Compensation and Payments," hereto; which is incorporated into this Agreement; provided, however, that in no event shall the amount of compensation payable to the Consultant by the City, exceed One Million Five Hundred Fifty -Five Thousand Three Hundred Sixty -One Dollars and Sixty -Five Cents ($1,555,361.65), inclusive of Reimbursable Expenses, a Dedicated Allowance for the Water Main portion of the Project, and Owner's Contingency Allowance, as detailed in Exhibit A, Consultant Work Order Proposal, attached hereto, unless explicitly approved by action of the City Commission or City Manager, as applicable, and put into effect by written amendment to this Agreement. The City may, in its sole and absolute 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 expenditures, costs, fees, or charges beyond the compensation limits of Amendment No. 1 to the Professional Services Agreement with Ardurra Group, Inc. for Civil Engineering Services for Citywide Flood Mitigation Improvements. this Agreement, as it may be amended from time to time. The work may never exceed the limitations provided in Section 287.055, Florida Statutes, Consultant's Competitive Negotiation Act for Continuing Contracts, and other limitations on compensation, as applicable. Counterparts; Electronic Signatures This Agreement 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 Agreement shall have the same force and effect as an original. The parties shall be entitled to sign and transmit an electronic signature on this Agreement (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 Agreement upon request. All other terms and conditions of the Agreement are in operative force and effect and remain unchanged. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Amendment No. 1 to the Professional Services Agreement with Ardurra Group, Inc. for Civil Engineering Services for Citywide Flood Mitigation Improvements. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. WITNESS/ATTEST: Ardurra Group, Inc., a Florida Profit Corporation Signato e Signature Rodolfo Remon, Managing Principal Print Name, Title ATTEST: Christopher Kuzler, Managing Principal and Authorized Representative Print Name, Title (Cora rpote Seal) Brent Walters, Secretary , ��° ��'F. s�c'��_ Consultant Secretary = SEAL (Affirm Consultant Seal, if available) 1977 '"ZORIOP - '"l,,,, , , , ,„,,, O rsS`SS ATTEST: CITY OF MIAMI, a municipal corporation of the State of Florida Todd B. Hannon, City Clerk James Reyes, City Manager APPROVED AS TO INSURANCE APPROVED AS TO LEGAL FORM AND REQUIREMENTS: CORRECTNESS: David Ruiz, Interim Director George K. Wysong III, City Attorney Risk Management Department Amendment No. 1 to the Professional Services Agreement with Ardurra Group, Inc. for Civil Engineering Services for Citywide Flood Mitigation Improvements. CERTIFICATE OF AUTHORITY (IF CORPORATION OR LLC) I HEREBY CERTIFY that at a meeting of the Board of Directors of Ardurra Group, Inc. , a corporation organized and existing under the laws of the State of Florida , held on the 5th day of February , 2026 a resolution was duly passed and adopted authorizing (Name) Christopher Kuzler as (Title) Managing Principal and Authorized Representative of the corporation to execute agreements on behalf of the corporation and providing that their 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 5th day of February - \,),:,,c il- Secretary:,LAA l 2026 Print: Brent Walters CERTIFICATE OF AUTHORITY (IF PARTNERSHIP) I HEREBY CERTIFY that at a meeting of the Board of Directors of , a partnership organized and existing under the laws of the State of , held on the day of , 20_ a resolution was duly passed and adopted authorizing (Name) as (Title) of the partnership to execute agreements on behalf of the partnership and provides that their execution thereof, attested by a partner, shall be the official act and deed of the partnership. I further certify that said partnership agreement remains in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this , day of 20 Partner: Print: Names and addresses of partners: Name Street Address City State Zip Amendment No. 1 to the Professional Services Agreement with Ardurra Group, Inc. for Civil Engineering Services for Citywide Flood Mitigation Improvements. CERTIFICATE OF AUTHORITY (IF JOINT VENTURE) Joint ventures must submit a joint venture agreement indicating that the person signing this Agreement is authorized to sign documents on behalf of the joint venture. If there is no joint venture agreement, each member of the joint venture must sign this Agreement and submit the appropriate Certificate of Authority (corporate, partnership, or individual). CERTIFICATE OF AUTHORITY (IF INDIVIDUAL) I HEREBY CERTIFY that, I (Name) , individually and doing business as (d/b/a) (If Applicable) have executed and am bound by the terms of the Agreement to which this attestation is attached. IN WITNESS WHEREOF, I have hereunto set my hand this day of _ 20 Signed: Print: NOTARIZATION STATE OF Florida ) SS: COUNTY OF Miami -Dade The foregoing instrument was acknowledged before me this 5th day of February 2026, by Christopher Kuzler , who is personally known to me or who has produced as identification and who (did / did not) take an oath. SIGNATURE OF NOTARYPUBLIC STATE OF Florida QX s+-I n Gl R _ iaV PRINTED, STAMPED OR TYPED NAME OF NOTARY PUBLIC CR1STINA R HARPER Notary Public - State of Florida Commission , Hi-1 293874 �o�4f My Comm. Expires Aug 30, 2026 Bonded through National Notary Assn.