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HomeMy WebLinkAboutExhibit - AgreementCITY OF MIAMI AMENDMENT NO. 3 TO PROFESSIONAL SERVICES AGREEMENT WITH STEARNS, CONRAD AND SCHMIDT CONSULTING ENGINEERS, INC. DIBIAI SCS ENGINEERS FOR ENVIRONMENTAL ENGINEERING SERVICES FOR MISCELLANEOUS PROJECTS This Amendment No. 3 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 Engineerings, 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 , 2015. RECITALS WHEREAS, the Agreement was entered into pursuant to Request for Qualifications No. 10-11-045, in the total amount of $500,000.00 for the Scope of Work included in the original Agreement; and WHEREAS, SCS Engineers has been working on several environmental remediation assignments, which require the continuation of services for compliance with regulatory requirements set by the Miami -Dade County Department of Regulatory and Economic Resources; and WHEREAS, the City continues to uncover new additional cases of environmental contamination on public lands, including lands converted for use as public parks, requiring assessment, remediation and execution of a strategic environmental monitoring plan; and WHEREAS, the current remaining contract capacity is not sufficient to cover the costs necessary to address outstanding environmental remediation assignments; and WHEREAS, the existing Agreement is set to expire on October 23, 2015 and the City intends to issue a new solicitation for the review, planning, and construction of potentially new environmental contamination cases; and WHEREAS, it is in the best interest of the City and the general public to continue to provide comprehensive environmental services to complete the ongoing remediation and monitoring activities for the existing environmental contamination cases; and WHEREAS, the City Commission has previously entered into Amendment No. 1 and Amendment No. 2 with SCS Engineers, increasing the Agreement by $500,000.00 each time respectively, from $500,000.00 to a final aggregate not to exceed amount of $1,500,000.00; and 1 WHEREAS, it is now necessary to enter into Amendment No. 3 with SCS Engineers, increasing the Agreement by $1,000,000.00 from $1,500,000.00 to a final aggregate not to exceed amount of $2,500,000.00; and WHEREAS the City Commission has adopted Resolution No. to approve the corresponding increase in the 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 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 {$1,500,000.00) Two Million Five Hundred Thousand Dollars ($2,500,000.00) 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 change beyond the compensation limits of this Agreement, as it may be amended from time to time. 2. All other terms and conditions of the Agreement are in operative force and effect and remain unchanged. 2 THE CITY OF MIAMI, FLORIDA ATTEST: CITY OF MIAMI, FLORIDA, a municipal Corporation of the State of Florida By: By: Todd B. Hannon, City Clerk Daniel J. Alfonso, City Manager (Affix City Seal) APPROVED AS TO LEGAL FORM APPROVED AS TO INSURANCE CORRECTNESS: REQUIREMENTS: By: By: Victoria Mendez, City Attorney Ann -Marie Sharpe, 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) 3