HomeMy WebLinkAboutExhibitCITY OF MIAMI
AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT
WITH ATKINS NORTH AMERICA, INC.
FOR CAPITAL PROGRAM SUPPORT SERVICES
PRE
This Amendment No. 1 to the Professional Services Agreement dated May 31, 2013, (the
"Agreement") between the City of Miami, a municipal corporation of the State of Florida ("City"),
and Atkins North America, Inc., ("Consultant") a State of Florida corporation, for the provision of
Capital Program Support Services for ("Services") for the Capital Improvements and
Transportation ("CITP") Program is entered into this day of , 2014.
RECITALS
WHEREAS, the Agreement was entered into pursuant to Request for Qualifications No. 12-13-
016, in the total amount of $1,500,000.00 for the Scope of Work included in the original
Agreement; and
WHEREAS, the original contract capacity has diminished by significant amounts based on the
volume of work and the complexity of the projects assigned; and
WHEREAS, the current remaining contract balance is not sufficient to cover the costs
anticipated for various ongoing projects under the Job Order Contracting Program ("JOG") as
well as for continued support necessary for Project Management, Construction Management,
Computer Aided Design ("CAD") support and overall administration support for the CITP
program; and
WHEREAS, it is now necessary to enter into Amendment No.1 with Atkins, increasing the
Agreement by $1,500,000.00 from $1,500,000.00 to a final not to exceed amount of
$3,000,000.00; and
WHEREAS, the City Commission has adopted Resolution No. 14- , to approve the
corresponding increase in the Compensation Limits; and
NOW THEREFORE, in consideration of the foregoing, the parties hereby amend the Agreement
as follows:
1. ARTICLE 2 GENERAL CONDITIONS
Section 2.03 Compensation
2.03.1 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 Three Million
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Dollars ($3,000,000.00) in total over the term of the Agreement and any extension(s),
unless explicitly approved by prior action of the City Commission and put into effect by
written amendment to this Agreement executed by the parties . 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 7.05 Maintenance of Records
The above Article is amended to additionally comply with changes to Florida Statutes,
Chapter 119, the Public Records Act, and is supplemented as stipulated below. These
terms and conditions shall become effective upon execution of this Amendment No. 1.
"Consultant shall additionally comply with Section 119.0701, Florida Statutes, including
without limitation: (1) keep and maintain public records that ordinarily and necessarily
would be required by the City to perform this service; (2) provide the public with access
to public records on the same terms and conditions as the City would at the cost
provided by Chapter 119, Florida Statutes, or as otherwise provided by law; (3) ensure
that public records that are exempt or confidential and exempt from disclosure are not
disclosed except as authorized by law; (4) meet all requirements for retaining public
records and transfer, at no cost, to the City all public records in its possession upon
termination of this Agreement and destroy any duplicate public records that are
exempt or confidential and exempt from disclosure requirements and, (5) All
electronically stored public records must be provided to the City in a format compatible
with the City's information technology systems."
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 B. Hannon, City Clerk Daniel J. Alfonso, City Manager
APPROVED AS TO LEGAL FORM AND APPROVED AS TO INSURANCE
CORRECTNESS: REQUIREMENTS:
By: By:
Victoria Mendez, City Attorney Ann -Marie Sharpe, Director
Risk Management Department
CONSULTANT
ATKINS NORTH AMERICA, INC.,
a State of Florida Corporation
ATTEST:
By: By:
Corporate Secretary (Signature)
(Affix Corporate Seal) (Name and Title)
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