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HomeMy WebLinkAboutExhibit - AgreementCITY OF MIAMI AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH TY LIN INTERNATIONAL/HJ ROSS FOR ENVIRONMENTAL ENGINEERING SERVICES FOR MISCELLANEOUS PROJECTS This Amendment No. 1 to the Professional Services Agreement dated September 5, 2012 (the "Agreement") between the City of Miami, a rrruOrpal corporation of the State of Florida ("City"), and TY Lin International/HJ Ross ("T Lin/HJ Ross" or "Consultant") a Florida corporation, for the provision of Enviroihmenta1, Engineering Services for Miscellaneous Projects ("Services") is entered{iii;=°this ppday of RE ITALS WHEREAS, the Agreement was entered into 1j`reuant,.. liequest for i u irifications No. 10-11-045, in the total amount of $500,000.00' r tE Scope of Work included in the original Agreement; and WHEREAS, TY LinfHJ Ross has been WOking on sevetg. environmental remediation assignments, which require continuation of services forg .rmpiiance with regulatory requirements set bmi-Dade County Dej ai Trent of gulatory and Economic tia�z Resources; and $ 2015. WHEREAS, the CPS contamination on pi require mops� r' ent, n;j p a to unco new additional cases of environmental eluding I Ap converted for use as public parks, n,d eC-ution of a strategic environmental WH , 4S, the curre *mains. akontract capacity is not sufficient to cover the costs necess o address outhridinee onmental remediation assignments; and WHEREAS, :existing AO ment is set to expire on September 4, 2015 and the City intends to issu =ew soli ion for new bids for the review, planning, and construction of potential new hnm contamination cases; and WHEREAS, it is in th st 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, it is now necessary to enter into Amendment No. 1 with TY Lin/HJ Ross, increasing the Agreement by $500,000.00 from $500,000.00 to a final not to exceed amount of $1,000,000.00; and WHEREAS the City Commission has adopted Resolution No. to approve the corresponding increase in the Compensation Limits; 1 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 One Million Dollars ($1,000,000.00) in total over tl ; term of the Agreement and any extension(s), unless explicitly approved,,, . tion of the City Commission and put into effect by written amendment to thi`Agreement. The City may, at its sole discretion use other compensation rii odologies. The City shall not have any liability nor will the Consultant Piave .recourse against the City for any compensation, payment reimbursable e ae.nditure, cost or change beyond the compensation limits, f °this Agreement, ;it may be amended from time to time. 2. Article 7. Documents and Records; 4ion Nondisclost To the extent allowe��ti4 _ the Consi.',r'l iagrees not to divulge, furnish, or make available to any, prsAn, fi yrm of `anization, without notifying the Director or designee's pi�i writ consent inVilting, or unless incident to the proper perfot mance of the ConSuIt rit`s obligations hereunder, or in the course of j ciat or legislative yprocee here `° ch information has been properly subpoenaed, any non'publjd nfor libh 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 requir`eti l of its em loyees, agents, Sub -Consultants, and contractors t c rripiy'with3the provisions of this paragraph. Article 7. D timents'a't Records, Section 7.05 Maintenance of Records Consultan will keeadequate records and support documentation, whi h. concern `or reflect its services hereunder. Records subject to the provtns of the Public Records Law, Florida Statutes Chapter 119, as, amended. shall 1 kept in accordance with the applicable statutes, including without li itat`r6n 119.0701, F,S, Otherwise, the records and documentation will be retain ' 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. 2 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 1;1fonso, City Manager (Affix City Seal) APPROVED AS TO LEGAL FORM CORRECTNESS: By: Victoria Mendez, City Attorri rcR1y ATTJ By: a�. ��, By: Co' e Secretary f ; (Signature) 4 1'PROVED A sio REQUIREMENTS: CONSULT TO INSURANCE Marie Sharpe, Director Risk Management Department eY LIN INTERNATIONAL/HJ ROSS, e-:,. lorida Corporation (Affix Corporate• Seal) (Name and Title) 3