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Resolution: R-19-0414
File Number: 6412 Final Action Date: 10/24/2019
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING AN INCREASE TO THE PROFESSIONAL SERVICES
AGREEMENT WITH WSP USA, INC. ("WSP") FOR THE PROVISION OF CIVIL
ENGINEERING SERVICES FOR MISCELLANEOUS PROJECTS —
INTERSTATE -395 OPEN SPACE AND MOBILITY — PROJECT NO. 40-13193621
("PROJECT") FOR ADDITIONAL WORK IN AN AMOUNT NOT TO EXCEED
$450,000.00, THEREBY INCREASING THE TOTAL COMPENSATION LIMIT
FROM $1,000,000.00 TO AN AMOUNT NOT TO EXCEED $1,450,000.00;
ALLOCATING FUNDS FROM THE OFFICE OF CAPITAL IMPROVEMENTS
("OCI") PROJECT NO. 40 -Bl 93621, SUBJECT TO BUDGETARY APPROVAL
AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO EXECUTE
AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH
WSP, IN SUBSTANTIALLY THE ATTACHED FORM; FURTHER AUTHORIZING
THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER
DOCUMENTS, INCLUDING ANY AMENDMENTS AND EXTENSIONS,
SUBJECT TO ALLOCATIONS, APPROPRIATIONS, AND BUDGETARY
APPROVAL HAVING BEEN PREVIOUSLY MADE AND IN COMPLIANCE WITH
APPLICABLE PROVISIONS OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, ("CITY CODE"), INCLUDING THE CITY OF MIAMI'S
PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL
INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY
CODE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND IN
COMPLIANCE WITH APPLICABLE REGULATIONS, AS MAY BE NECESSARY
FOR SAID PURPOSE.
WHEREAS, pursuant to Section 18-87 of the Code of the City of Miami, Florida, as
amended ("City Code"), and Request for Qualifications ("RFQ") No. 16-17-063, the City
Manager executed a Professional Services Agreement ("Agreement") with WSP USA, INC.
("WSP") on August 10, 2018 for the provision of Civil Engineering Services for Miscellaneous
Projects in an amount not to exceed $500,000.00; and
WHEREAS, pursuant to Resolution No. 19-0204 adopted on May 23, 2019, the City
Commission increased the Agreement by an additional $500,000.00 to an amount not to exceed
$1,000,000.00; and
WHEREAS, pursuant to Resolution No. 19-0083 adopted on February 28, 2019, the City
Commission approved a Memorandum of Understanding ("MOU") with the Florida Department
of Transportation (TDOT") outlining the City of Miami's ("City") areas of responsibility and scope
of work for the Interstate 395 Open Space and Mobility Project No. 40-13193621 ("Project"); and
WHEREAS, pursuant to 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
City of Miami Page 1 of 3 File ID: 6412 (Revision: A) Printed On: 12/24/2019
File ID: 6412
Enactment Number: R-19-0414
the Project that 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 conceptual planning and construction
administration assignments; 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, the proposed Amendment No. 2, in substantially the attached form,
proposes to increase the Compensation Limit for WSP by an amount not to exceed
$450,000.00, thereby increasing the total Compensation Limit from $1,000,000.00, to an
amount not -to -exceed $1,450,000.00; and
WHEREAS, any increase in the Compensation Limit above $500,000.00 requires City
Commission approval pursuant to Section 18-87 of the City Code; and
WHEREAS, pursuant to Section 287.055, Florida Statutes, known as the "Consultants
Competitive Negotiation Act," continuing contracts for architects and engineers are limited to
projects where the estimated construction cost for each individual project does not exceed
$2,000,000.00 among other limitations; and
WHEREAS, funds are to be allocated from Office of Capital Improvements ("OCI")
Project No. 40-13193621;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble of this Resolution are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. An increase to the Agreement with WSP for the provision of Civil Engineering
Services for the Project in an amount not to exceed $450,000.00, thereby increasing the total
Compensation Limit from $1,000,000.00 to a total amount not to exceed $1,450,000.00 is
authorized.'
Section 3. The City Manager is authorized' to execute Amendment No.2, in
substantially the attached form, to the Agreement with WSP for said purposes.
Section 4. Funds are to be allocated from OCI Project No. 40-13193621.
Section 5. The City Manager is further authorized' to negotiate and execute any and all
other documents, including any amendments and extensions, subject to allocations,
appropriations, and budgetary approval having been previously made and in compliance with
applicable provisions of the City Code, including the City's Procurement Ordinance, Anti -
Deficiency Act, and Financial Integrity Principles, all as set forth in Chapter 18 of the City Code,
' 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 City Code
provisions.
City of Miami Page 2 of 3 File ID: 6412 (Revision: A) Printed on: 12/24/2019
File ID: 6412
Enactment Number: R-19-0414
in a form acceptable to the City Attorney, and in compliance with applicable regulations, as may
be necessary for said purpose.
Section 6. This Resolution shall become effective immediately upon its adoption and
signature by the Mayor.2
APPROVED AS TO FORM AND CORRECTNESS:
ria ndez, ity ttor.iey ___) 1211012019
2 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) 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 3 of 3 File ID: 6412 (Revision: A) Printed on: 1212412019