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HomeMy WebLinkAboutExhibitCITY OF MIAMI OFFICE OF CAPITAL IMPROVEMENTS AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES AGREEMENT WITH FOR MISCELLANEOUS MARINE AND COASTAL ENGINEERING SERVICES This Amendment No. _ to the Professional Services Agreement dated (the "Agreement") between the City of Miami, a municipal corporation of the State of Florida ("City"), and ("Consultant"), a State of Florida corporation, for the provision of Miscellaneous Marine and Coastal Engineering Services ("Services") for the Office of Capital Improvements ("OCI") is entered into this day of , 2018. RECITALS WHEREAS, pursuant to the City of Miami ("City") Procurement Code Section 18-87 and Request for Qualifications ("RFQ") No. 15-16-011, the City Manager executed an Agreement with for an amount not -to -exceed $500,000; and WHEREAS, pursuant to Resolution R-18-0030, adopted on January 25, 2018, the City Manager authorized the execution of Amendment No. 1 to the Agreement, increasing the Compensation Limit by an amount not to exceed $250,000, respectively, for a total amount not to exceed $750,000 for each firm; and WHEREAS, the amended Compensation Limit has diminished by varied amounts based on the volume of work and complexity of the projects assigned; and WHEREAS, the current Compensation Limit is not sufficient to address the costs associated with the outstanding and foreseeable future design and construction administration assignments; and WHEREAS, it is in the best interest of the City to increase the amended Compensation Limit under the Agreement to accommodate outstanding and foreseeable future assignments; and WHEREAS, this Amendment No. 2 to the Agreement increases the Compensation Limit by $250,000, thereby increasing the total Compensation Limit from $750,000 to an amount not to exceed $1,000,000; and WHEREAS, the City Commission has adopted Resolution No. , 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: Section 2.05-1 Compensation Limits is hereby increased by $250,000.00, thereby increasing the total award value from Seven Hundred Fifty Hundred Thousand Dollars, ($750,000.00), to an amount not to exceed One Million Dollars ($1,000,000.00). Section 7.05 Maintenance of Records; Public Records is hereby amended as follows: The Consultant shall 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, shall be kept in accordance with the applicable statutes. Otherwise, the records and documentation shall 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. Consultant shall additionally comply with Section 119.0701, Florida Statutes, including without limitation: (1) Keep and maintain public records required by the City to perform the service; (2) upon request from the City's custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law; (3) ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the City; (4) upon completion of the contract, transfer, at no cost, to the City all public records in possession of the contractor or keep and maintain public records required by the City to perform the service. If the contractor transfers all public records to the City upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City's custodian of public records, in a format that is compatible with the information technology systems of the City. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE DIVISION OF PUBLIC RECORDS AT (305) 416-1800, VIA EMAIL AT PUBLICRECORDS(a,MIAMIGOV.COM, OR REGULAR MAIL AT CITY OF MIAMI OFFICE OF THE CITY ATTORNEY, 444 SW 2ND AVENUE, 9TH FL, MIAMI, FL 33130. THE CONSULTANT MAY ALSO CONTACT THE RECORDS CUSTODIAN AT THE CITY OF MIAMI DEPARTMENT WHO IS ADMINISTERING THIS CONTRACT. All other terms and conditions of the Agreement are in operative force and effect and remain unchanged. IN WITNESS WHEREOF, the parties have executed this Amendment as of the day and year first above written. WITNESS/ATTEST: , a Florida Corporation Signature Signature Print Name, Title Print name, Title of Authorized Officer or Official ATTEST: (Corporate Seal) Consultant Secretary (Affirm Consultant Seal, if available) APPROVED AS TO INSURANCE APPROVED AS TO LEGAL FORM AND REQUIREMENTS: CORRECTNESS: Ann Marie Sharpe, Director Victoria Mendez, City Attorney Risk Management Department ATTEST: CITY OF MIAMI, a municipal corporation of the State of Florida Todd B. Hannon, City Clerk Emilio T. Gonzalez, Ph.D., City Manager CITY OF MIAMI OFFICE OF CAPITAL IMPROVEMENTS AMENDMENT NO. 3 TO THE PROFESSIONAL SERVICES AGREEMENT WITH APTIM ENVIRONMENTAL & INFRASTRUCTURE, INC. FOR MISCELLANEOUS MARINE AND COASTAL ENGINEERING SERVICES This Amendment No. _ to the Professional Services Agreement dated (the "Agreement") between the City of Miami, a municipal corporation of the State of Florida ("City"), and ("Consultant"), a State of Florida corporation, for the provision of Miscellaneous Marine and Coastal Engineering Services ("Services") for the Office of Capital Improvements ("OCI") is entered into this day of , 2018. RECITALS WHEREAS, pursuant to the City of Miami ("City") Procurement Code Section 18-87 and Request for Qualifications ("RFQ") No. 15-16-011, the City Manager executed an Agreement with the Consultant for an amount not -to -exceed $500,000; and WHEREAS, pursuant to Amendment No. 1, dated January 12, 2018, CB&I Environmental & Infrastructure, Inc. changed its firm's legal name to APTIM Environmental & infrastructure, Inc. effective July 7, 2017; and WHEREAS, pursuant to Resolution R-18-0030, adopted on January 25, 2018, the City Manager authorized the execution of Amendment No. 2 to the Agreement, increasing the Compensation Limit by an amount not to exceed $250,000, respectively, for a total amount not to exceed $750,000 for each firm; and WHEREAS, the amended Compensation Limit has diminished by varied amounts based on the volume of work and complexity of the projects assigned; and WHEREAS, the current Compensation Limit is not sufficient to address the costs associated with the outstanding and foreseeable future design and construction administration assignments; and WHEREAS, it is in the best interest of the City to increase the amended Compensation Limit under the Agreement to accommodate outstanding and foreseeable future assignments; and WHEREAS, this Amendment No. 3 to the Agreement increases the Compensation Limit by $250,000, thereby increasing the total Compensation Limit from $750,000 to an amount not to exceed $1,000,000; and WHEREAS, the City Commission has adopted Resolution No. , 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: Section 2.05-1 Compensation Limits is hereby increased by $250,000.00, thereby increasing the total award value from Seven Hundred Fifty Hundred Thousand Dollars, ($750,000.00), to an amount not to exceed One Million Dollars ($1,000,000.00). Section 7.05 Maintenance of Records; Public Records is hereby amended as follows: The Consultant shall 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, shall be kept in accordance with the applicable statutes. Otherwise, the records and documentation shall 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. Consultant shall additionally comply with Section 119.0701, Florida Statutes, including without limitation: (1) Keep and maintain public records required by the City to perform the service; (2) upon request from the City's custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law; (3) ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the City; (4) upon completion of the contract, transfer, at no cost, to the City all public records in possession of the contractor or keep and maintain public records required by the City to perform the service. If the contractor transfers all public records to the City upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City's custodian of public records, in a format that is compatible with the information technology systems of the City. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE DIVISION OF PUBLIC RECORDS AT (305) 416-1800, VIA EMAIL AT PUBLICRECORDS(WIAMIGOV.COM, OR REGULAR MAIL AT CITY OF MIAMI OFFICE OF THE CITY ATTORNEY, 444 SW 2ND AVENUE, 9TH FL, MIAMI, FL 33130. THE CONSULTANT MAY ALSO CONTACT THE RECORDS CUSTODIAN AT THE CITY OF MIAMI DEPARTMENT WHO IS ADMINISTERING THIS CONTRACT. All other terms and conditions of the Agreement are in operative force and effect and remain unchanged. IN WITNESS WHEREOF, the parties have executed this Amendment as of the day and year first above written. WITNESS/ATTEST: , a Florida Corporation Signature Signature Print Name, Title Print name, Title of Authorized Officer or Official ATTEST: (Corporate Seal) Consultant Secretary (Affirm Consultant Seal, if available) APPROVED AS TO INSURANCE APPROVED AS TO LEGAL FORM AND REQUIREMENTS: CORRECTNESS: Ann Marie Sharpe, Director Victoria Mendez, City Attorney Risk Management Department ATTEST: CITY OF MIAMI, a municipal corporation of the State of Florida Todd B. Hannon, City Clerk Emilio T. Gonzalez, Ph.D., City Manager