HomeMy WebLinkAboutExhibitCITY OF MIAMI
AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT
WITH STEARNS, CONRAD AND SCHMIDT
CONSULTING ENGINEERS, INC. D/B/A SCS ENGINEERS
FOR ENVIRONMENTAL ENGINEERING SERVICES FOR
MISCELLANEOUS PROJECTS
This Amendment No. 1 to the Professional Services Agreement dated October 24, 2012 (the
"Agreement") between the City of Miami, a municipal corporation of the State of Florida ("City"),
and Stearns, Conrad and Schmidt Consulting Engineers, Inc. d/b/a SCS Engineers,
("Consultant") a Virginia corporation, for the provision of Environmental Engineering Services for
Miscellaneous Projects ("Services") is entered into this day of , 2013.
RECITALS
WHEREAS, the Agreement was entered into pursuant to Request for Qualifications No. 10-11-
045, in the total amount of $500,000, for the Scope of Work included in the original Agreement;
and
WHEREAS, SCS Engineers has been working on several environmental remediation
assignments, which require continuation of services for compliance with regulatory requirements
set by the Miami -Dade County Department of Regulatory and Economic Resources; and
WHEREAS, the current remaining contract capacity is not sufficient to cover the costs
necessary to address outstanding environmental remediation assignments, including the
Coconut Grove Fire Rescue Training Facility, Merrie Christmas Park and Blanche Park; and
WHEREAS, it is now necessary to enter into Amendment No. 1 with SCS Engineers, increasing
the Agreement by $500,000, from $500,000 to a final not to exceed amount of $1,000,000; and
WHEREAS, the City Commission has adopted Resolution No. to approve the
corresponding increase in the Compensation Limits; and
WHEREAS, the Agreement is further amended to include language regarding certain public
records duties of the Consultant now required pursuant to Florida Statutes Chapter 119;
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 amount of compensation payable by the City to• the Consultant shall be a lump
sum or not to exceed fee, based on the rates and schedules established in
Attachment B hereto, which by this reference is incorporated into this Agreement;
provided, however, that in no event shall the amount of compensation exceed €i-ve
Hundred Thousand Dollars ($500,000.00) One Million Dollars ($1,000.000) in total
over the 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. The City shall not have any liability nor will the Consultant have any
recourse against the City for any compensation, payment, reimbursable expenditure,
cost or charge beyond the compensation limits of this Agreement, as it may be
amended from time to time.
2. Article 7. Documents and Records, Section 7.04 Nondisclosure
To the .extent allowed by law, the Consultant agrees not to divulge, furnish ,or make
available to any third person, firm or organization, without notifying the Director or
designees prior written consent in writing, or unless incident to the proper performance
of the Consultant's obligations hereunder, or in the course of judicial or legislative
proceedings where such information has been properly subpoenaed, any non public
information records that are exempt or confidential and exempt from public records
disclosure requirements concerning the services to be rendered by the Consultant
hereunder, and the Consultant shall require all of its employees, agents, Sub -
Consultants, and subcontractors to comply with the provisions of this paragraph.
3. Article 7. Documents and Records, Section 7.05 Maintenance of Records
The Consultant will keep adequate records and supporting documentation, which
concern or reflect its services hereunder. Records subject to the provisions of the Public
Records Law, Florida Statutes Chapter 119, as amended, shall be kept in accordance
with the applicable statutes, including without limitation119.0701, F S. Otherwise, the
records and documentation will be retained by the Consultant for a minimum of three (3)
years from the date of termination of this Agreement or the date the Project is
completed, whichever is later. The City, or any duly authorized agents or
representatives of the City, shall have the right to audit, inspect, and copy all such
records and documentation as often as they deem necessary during the period of this
Agreement and during the three (3) year period noted above; provided, however such
activity shall be conducted only during normal business hours
4. All other terms and conditions of the Agreement are in operative force and effect and
remain unchanged.
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(SEAL)
ATTEST:
THE CITY OF MIAMI, FLORIDA
CITY OF MIAMI, FLORIDA, a municipal
Corporation of the State of Florida
By: By:
Todd Hannon, City Clerk Johnny Martinez, P.E., City Manager
APPROVED AS TO LEGAL FORM AND APPROVED AS TO INSURANCE
CORRECTNESS: REQUIREMENTS:
By: By:
Victoria Mendez, City Attorney Calvin Ellis, Director
Risk Management Department
CONSULTANT
STEARNS, CONRAD AND SCHMIDT
CONSULTING ENGINEERS, INC. D/B/A SCS
ENGINEERS, a Virginia Corporation
ATTEST:
By: By:
Corporate Secretary (Signature)
(Affix Corporate Seal) (Name and Title)
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