Loading...
HomeMy WebLinkAboutFirst AmendmentFIRST AMENDMENT TO AGREEEMENT BETWEEN THE CITY OF MIAMI AND COOPER, ROBERTSON & 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 4th day of April., 2005 (the "Agreement") and is entered into this / 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 i.s 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 $1,334,445.00; 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 $1,334,445.00 to an amount not to exceed $1,399,955.00; and an amount not to exceed 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 1. 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-1" hereto, which by this reference is incorporated into and made apart 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 (iv) the Services will be .performed in the. manner • described in Exhibit "A-1" Section 4. "Compensation" is now modified to r 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 ead as follows: 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-1 " exceed $1,399,955,00. 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, all of the terms and provisions of the Agreement, shall remain in operative force and effect. 5. All 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. [INTENTIONALLY LEFT BLANK] [SIGNATURES BEGIN ON THE FOLLOWING PAGE] 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)