HomeMy WebLinkAboutFirst AmendmentFIRST AMENDMENT TO AGREEEMENT BETWEEN
THE CITY OF MIAMI AND COOPERLROBERTSON & PARTNERS LLP
This document is the First Amendment (the "Amendment") to the Professional Services
Agreement for a Master Plan for Bicentennial Park entered into between the parties on the 4`h
day of April, 2005 (the "Agreement") and is entered into this /C- day o 006, by
and between the City of Miami, a municipal corporation of the State of Florida (the "City"), and
Cooper, Robertson, & Partners LLP (the "Provider").
RECITALS
WHEREAS, the City recognizes the key role parks play in providing educational,
cultural, recreational, and other well being programs to our citizens and visitors; and is desirous
of enhancing the quality of life of our citizens by providing state of the art facilities and
programs; and
WHEREAS, the City Commission adopted Resolution R 05-0013 on February 25, 2005,
authorizing the City Manager to execute a negotiated Agreement with the Provider to provide a
Master Plan for Museum Park; and
WHEREAS, a scope of services was negotiated for an amount not to exceed
S1,334,445.00; the scope .included the certain design elements identified in the Amendment
which were optional at time of negotiation, but have now become necessary to complete the
Master Plan at a level of detail necessary for a concise and comprehensive plan; the additional
services required increase the negotiated fee to increase from an amount not to exceed
S 1,334,445.00 to an amount not to exceed $1,399,955.00; and
NOW, THEREFORE, in consideration of the foregoing and the mutual covenants
contained this agreement, the City and Provider hereby agree to amend the Agreement as
follows:
TERMS
The recitals and findings contained this Amendment are hereby adopted by
reference thereto and incorporated herein as if fully set forth in this section.
Section 3. "Scope of Service" is modified to read as follows:
SCOPE OF SERVICE:
A. Provider agrees to provide the Services as specifically described, and
subject to the special terms and conditions set forth in Exhibit "A -I" hereto, which by this
reference is incorporated into and made a part of this Amendment.
B. Provider represents to the City that: (i) it possesses all qualifications,
licenses, and expertise required for the performance of the Services; (ii) it is not delinquent in
the payment of any sums due the City, including payment of permit fees, occupational licenses,
etc., nor in the performance of any obligations to the City; (iii) all personnel assigned to perform
the Services are and shall be, at all times during the term hereof, fully qualified and trained to
perform the tasks assigned to each; and (
described in Exhibit "A -I"
v) the Services will be performed in the manner
3. Section 4. "Compensation" is now modified to read as follows:
COMPENSATION:
A. The amount of compensation payable by the City to Provider shall be
increased by $65,500.00 for a total amount guaranteed not to exceed $1,399,955.00 (the "Total
Compensation"). The amount of compensation is based on the fees, rates and schedules
• described in. Exhibit "B-1" hereto, which by this reference is incorporated into this Amendment;
provided however, that in no event shall the total amount of compensation for the Scope of
Services referenced in Exhibits "A" and "A-] " exceed S l ,399,955.00. Absent an amendment to
this Amendment, additional services are not included in this compensation and shall only be
provided upon a written amendment entered into by the City and Provider. The City shall not be•
liable for any costs, fees, expenses or charges beyond the total amount of compensation specified
in this subsection for the Scope of Services referenced in Exhibits "A" and "A-1"..
B. Unless otherwise specifically provided in Exhibit "B-1", payment shall be
made within thirty (30) days after receipt of Provider's invoice, which shall be accompanied by
sufficient supporting documentation and contain sufficient detail, to allow a proper audit of
expenditures, should the City require one to be performed. Invoices shall be sufficiently detailed
so as to comply with the "Florida Prompt Payment Act", §218.70-.79, Fla. Stat.
4. Except as expressly amended herein, a]] of the terms and provisions of the
Agreement, shall remain in operative force and effect.
5. A11 Attachments and Exhibits are part of the Agreement, as amended, and are
each deemed as being expressly incorporated by reference herein as if set forth in full in the
Agreement, as amended.
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IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be
executed by their respective officers duly authorized.
ATTEST:
CITY OF MIAMI, FLORIDA
By: By:
Priscilla A. Thompson, City Clerk Joe Arriola, City Manager
APPROVED AS TO INSURANCE
REQUIREMENTS:
APPROVED AS TO LEGAL FORM AND
CORRECTNESS FOR THE USE AND
RELIANCE OF THE CITY OF MIAMI,
FLORIDA, ONLY
By: By:
Dania Carrillo, Jorge L. Fernandez, City Attorney
Risk Management Administrator
ALEXANDER COOPER, FAIA,
PARTER COOPER, ROBERTON & PARTNERS
ATTEST:
By: By:
Print Name: Print Name:
Title: Title:
(Affix Corporate Seal) (Authorized Corporate Officer)
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