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HomeMy WebLinkAboutExhibit 1CITY OF MIAMI CAPITAL IMPROVEMENTS PROGRAM AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES AGREEMENT WITH ATKINS NORTH AMERICA, INC. FOR CAPITAL PROGRAM SUPPORT SERVICES This Amendment No. 2 to the Professional Services Agreement ("Agreement") dated May 6, 2008 (the "Agreement") between the City of Miami, a municipal corporation of the State of Florida ("City") and Atkins North America, Inc. ("Consultant"), a Florida corporation, for the provision of Capital Program Support Services ("Services") is entered into this day of , 2012. RECITALS WHEREAS, pursuant to Resolution No. R-08-0199, the City entered into an Agreement with Atkins North America, Inc. f/k/a Post Buckley Schuh & Jernigan, Inc. ("Atkins"), for the provision of Capital Program Support Services for an initial two (2) year period with the option to renew for three (3) additional one (1) year periods; and WHEREAS, Resolution No. R-08-0199 authorized a maximum compensation limit per year of $2,527,943, for a total capacity of $5,055,886 for the two (2) year period; and WHEREAS, $3,021,788 of this capacity was utilized during the initial two (2) year period; and WHEREAS, pursuant to Resolution No. R-10-0246, adopted June 10, 2010, the City exercised the first option to renew the Agreement; and WHEREAS, $780,229 of the remaining available capacity was utilized during the first year renewal period; and WHEREAS, pursuant to Resolution No. R-11-0158, adopted April 14, 2011, the City exercised the second option to renew the Agreement; and WHEREAS, it is anticipated that by the close of the second year renewal period, the amount of $1,066,174 of the above capacity will be utilized; and WHEREAS, per Article 2.04-1 of the Compensation section of the Agreement, Capital Improvements Program ("CIP") may utilize the remaining capacity throughout its appropriately '-exerdised' option 'to"renew periods authorized by the City Commission under the terms of the Agreement; and WHEREAS;» anticipation Hof future assignments under this agreement, it -has been -determined that it is i`nthe"City's" besYinterest to increase the expenditure.Iirnit.by a. not to exceedamount of $650,000, from $5,055,886"toa final not to exceed amount of $5,705,886 to cover the costs for continuing work; and WHEREAS, the City Commission has adopted Resolution No. to approve the corresponding increase in tfie Compensation Limits; NOW THEREFORE, in consideration of the foregoing, the parties hereby amend the Agreement as follows: 1. Article 2. General Conditions, Section 2.04-1 Compensation Limits The City makes no assurances that any Work Orders will be issued to the Consultant. The maximum amount of compensation payable by the City to Consultant will be a not to exceed fee, based on a monthly fee for Core Program Staff and on the rates and schedules established in Attachment B for Supplemental Staff. In no event shall the amount of compensation exceed Two Million Five Hundred Twenty Seven Nine Hundred Forty Three Dollars ($2,527,943) per year for a total of five million fifty five thousand eight hundred and eight six dollars . -($5,055,886) Five Million Seven Hundred Five Thousand Eight Hundred Eighty Six Dollars ($5,705,886) in total for Primary and Supplemental over the initial term of the Agreement and any extension(s), unless explicitly approved by action of the City Commission and put into effect by written amendment to this Agreement. The City may, at its sole discretion use other compensation methodologies 2. All other terms and conditions of the Agreement are in operative force and effect and remain unchanged. (SEAL) ATTEST: THE CITY OF MIAMI, FLORIDA CITY OF MIAMI, FLORIDA, a municipal Corporation of the State of Florida By: By: Priscilla A. Thompson, City Clerk Johnny Martinez, P.E., City Manager APPROVED AS TO LEGAL FORM AND APPROVED AS TO INSURANCE CORRECTNESS: REQUIREMENTS: By: By: Julie O. Bru, City Attorney Calvin Ellis, Director Risk Management Department CONSULTANT ATTEST: By: By: Corporate Secretary (Signature) (Name and Title) Atkins North America, Inc. (Affix Corporate Seal)