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HomeMy WebLinkAboutExhibitCITY OF MIAMI CAPITAL IMPROVEMENTS AND TRANSPORTATION PROGRAM AMENDMENT NO. 3 TO THE PROFESSIONAL SERVICES AGREEMENT WITH ATKINS NORTH AMERICA, INC. FOR CAPITAL PROGRAM SUPPORT SERVICES This Amendment No. 3 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 Program ("CITP") is entered into this day of P 2016. RECITALS WHEREAS, the Agreement was entered into pursuant to Resolution No. 13-0183, 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, pursuant to Resolution No. 14-0443, Amendment No. 1, executed February 9, 2015, increased the Agreement by a not to exceed amount of $1,500,000.00, from the original $1,500,000.00 to a total not to exceed amount of $3,000,000.00; and WHEREAS, pursuant to Resolution No. 15-0363, Amendment No. 2, executed October 23, 2015, increased the Agreement by a not to exceed amount of $1,035,000.00, from the amended amount $3,000,000.00 to a total not to exceed amount of $4,035,000.00; and WHEREAS, the amended 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 ("JOC") 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. 3 with Atkins, increasing the Agreement by $1,100,000.00 from $4,035,000.00 to a final not to exceed amount of $5,135,000.00; 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: ARTICLE 2. General Conditions, Section 2.03 Compensation 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 Fou ",mien ThiFty Five Theusand Dollars , Five Million One Hundred Thirty -Five Thousand Dollars 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. All other terms and conditions of the Agreement are in operative force and effect and remain unchanged. Pa IN WITNESS WHEREOF, the parties have executed this Amendment as of the day and year first above written. (SEAL) ATTEST: THE CITY OF MIAMI, FLORIDA Todd B. Hannon, City Clerk APPROVED AS TO LEGAL FORM AND CORRECTNESS: 91 SIR Victoria Mendez, City Attorney f-tf*1 Corporate Secretary (Affix Corporate Seal) CITY OF MIAMI, FLORIDA, a municipal Corporation of the State of Florida Daniel J. Alfonso, City Manager APPROVED AS TO INSURANCE REQUIREMENTS: Ann -Marie Sharpe, Director Risk Management Department CONSULTANT 3 By: (Signature) (Print Name and Title) Atkins North America, Inc.