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Amendment No. 7 with ATKINS NORTH AMERICA, INC.
�. .AMENDMENT,NO.7 TO THE-,PROFESSIONAL SERVICES AOR_EEMENT BETWEEN; THE CLTY OF'IMIAMI BEACH; FLQRIDA. AND- i ATKINS NORTH AMERICA,'INC:,; DATED_May 9-.12011,11, FAR EXTENDED MATERIAL'TE$TINO.-$E'W ICES IN THE:NOT-TO-EXCEED AMOUNT OF .$4,008:36; This Amendment to°the Agreement made and entered this :day of March,2014,by and between the City of Miami Beach, a Municipal„Corporation existing under the laws of the.State of Florida (hereinafter referred to as CITY),'having its principal offices at 1700 Convention.Center Drive,Miami Beach, Florida33139 and”Atkins North America, Inc., a Florida Corporation having its principal office at 4030 West Boy Scout Bouaevard,Suite 700,,Tampa.,Flonda;33607(hereinafter referred to as C.ONSULTANT): 8 ;RECITALS WHEREAS,pursuant to:Requesfifoe Qualifications(RFQ)No:04 f 14' the Mayor and City ! Commission adopted,Resolution.No 2011;-27628 on April 13,201 approving and,authorizing the j Mayor and City Clerk"to execute a Professional Services Agree ment with Atkins North America,Inc., (CONSULTANT)=for f?rofessionaL Services_for the South Pointe:Pier Project(PROJECT); and r WHEREAS, the Agreeriment provides: for the design, bid, award. and construction administration`services forthe.South Pointe Pier Project inthe not.to;,exceed amount of$369;000; and � - .. WHEREAS, on Fe'.bruary 9, .2012; Amendment.No - 1 to the Agreement':was executed approving additional services required pursuant fothe-USACOE`perrriit RAI process related to a new ,.in te no exced muno $ 29coral recipient site in Governmnt Cuth 50 and WHEREAS,'on July-4, 2012,Ameidme I N'. 6ihe Agreement was;.:executed to provide additional bidding and;award services required.q-de Construction Management at-,Risk method of o n he t muo $11,974procurement tnotexc onf and rovide additional ' WHEREAS,`Amendment No '3 to the_Agreement shall b, executed &-p' a cooed natio,n;in the FD,EP�--�CCCL permif RAl process in the not 4o-exceed_amountof.$1;5;120;and WHEREAS, on January_16; 2013, Amendment No. 4'to'the Agreement was,approved by' ission_to provide supplemental Construction Administration services m the not=to-exceed _ amours Comm t of4 Q,0, 852j and' 'WHEREAS,on.June 28,:2013;Amendment No.5 to the Agreementwas.executed lo provide material and laboratory testing services in\the not-to-exceed amount:of_$9,032;:and: 'WHEREAS, pursuant to Resolution 20-14'28464 Amendment No ;6 to the Agreement.was: executed to:provide extended' Construction Administration-and Resident Project Representative `services in the notto-exceed amount,of$81,000'for a period of:3(th"ree)months,and {; WHEREAS, this Amendment No:: 7 to ahe Agreement in the not to-exceed;:amount-of $4,008;:36,shalf'b.6 executed to:provide additional material testing, and i :i. WHEREAS, ttie total revised'agreemen#mclutling Arnendment NO 7:is.$ 78"8,816 36' NOW; THEREFORE; the parties hereto,and in.considerafion of the:'mutual promises, covenants agreements,terms, and conditions he`rein;contained and:`other good and;valuable;cons,ideratiort:. the:respect:and_adequacy are hereby acknowledged, do;agree:asfollows- 1` , ABOVE RECITALS The;above recitals are true, correct-and pare incorporated as part:of this.Amendment;No 7 21 MODIFICATIONt" The Agreement is am.erde.d ;fo rn�clude"Exhibit A-T', uvhich is attached ands incorporated; _herein-:: - -. - . �- :OTHER'PROVISIONS:: All,other;provisions of theAgreemenf, as amended,are:unchanged: f 4:. RATIFICATION The<CITY and CONSULTANT ratify the terms of the_Agreement,iW amended by th s Amendment 00. IN WITNESS WHEREOF, the:parties hereto:have:caused tflis Amendrnent_.No 7:above i ATTEST:: CITY`:O MIAMI.BE . H' r _ . _ �:`k. By City CI rk Ci Manag r - ATTEST.- CONS LTA NT ►TKI NORTH AMERICA,INC , TITLE: ITCE - n Assistant Secretark �.yltt ��Ciide Rene de los Rios Prin t Name Print Name _ T' ATTAC,HMENT:A-' Exhibit `77 Schedule,A Scope:;of Services APPROVED AS TO r FORM'A L.ANGUAGE FO EXECUTION 3 zk. C home r,J Date. T` i t: S:CHEDULE,A-7' S SCOPE_"OF`SERVICES` { P'erForm°construction material:testing services`in``conformance with°the; protect specicatioris of include:, sampling and 5testmg (compressive` strengths tests at x7 and.28'days) of cast m"place;: concrete for retaining wall,'diaphragms and Iight bollards;etc, and fhe sarnplmg and testing of in . :} situ and,imported soils,-density,testing;of'comp acted soils' Concretetesting services"_to include'on site air entrainment;'tern erature and'slum readin^s,,c..linder ick=u�, grans ortin and Gunn" in P P 9 Y P P P 9 s 9 -accordance:with ASTM gtantlardsi ;COMPENSATION' Unit Price.Pro ection ' 6 Item No: Descri 'tion:. Unit Unit Oric`e Exte'nsiom . . t 5A.2 Field Dense Test. ea1 - 5B.2 Moisture:'Densit`_Test AS,TM,1577_ ea 1. $`_„149 76 , 5J .Grain.Size Anal ses ea' -1 $ 70 72 8A.1 Concrete:C` lin;ders,_ set 15; _ $ 114 40;_ $: .1;716 00'� 8A.4 'C. lender:.Picku hr 22 5 _$ 60.32 $ 1;357:20 23F Clerical hr 3 $ °45:00` $. 135.00 233 _ Staff En-`ineer h.r' 2 $ 85.00. $ 170.00 23E`, Prince al hr 15 $ `140'00;:: `$ 210.00 _ _ Estimated Cost $ 4,008.36 +Notes: . 1 All mvoicmgahall`include thettesting reports;and ti"rnesheetfor all personnelconductmg;the,' services for the monthly billing cycle. ; ; 1 i ..CLOSING Thank your for the opportunty:fo be of service;to'4therCity, ofs Miamr;Beach Atkins and''NVS-Kaco , are prepaTerdtq undertake these seruices.imrnediately upon receipt of an authorization to.proceed. Please d' p ot.hesitate fo contact the untlersrgned`with any questions or,concerns'regarding,this 1. _ r -,, ��matter:, is t i. , a PAYMENT$AND_COMPENSATION. ;Y - t The scope of services described m this amendment shall be;performed for a n_ot fo;exceed amount°of :$4,008:36 Invoicing shall„be as referenced�n the original agreement Consultant's request for additional i services�s attached_for referencepurposes: ;{ 'f - { 10ri' anal'A resment $''L '.369,000"00 'Amendment:No 1 ` Y12;950 00, Amendment $ Amendment No 3 A rYiendment.No 4 ;, $; x-300;852 00.; Amendment'°No 5, `9j032,' 00 _ Amend men t No 6 $ r;81000u00`,:.: Amendment ITotal Revised_A regimen",t, $ 788,8.1 fi`36'. e { h i z 'r 3 i 3 1 t 7 , 'rs ACO OR CERTIFICATE OF LIABILITY INSURANCE Page 1 of 2 03/28/20 4 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER N CO TACT NAMP Willis of New York, Inc. c/o 26 Century Blvd. PHONE . 877-945-7378 FAx 888-467-2378 0. Box 3 E-MAIL N TN 3 certificates@willis.com Nashville, TN 37230-5191 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A: Greenwich Insurance Company 22322-001 INSURED Atkins North America, Inc. INSURERB: American Guarantee & Liability Insurance 26247-001 2001 NW 107th Avenue INSURERC: Underwriter's at Lloyds 15792-001 Miami, FL 33172-2507 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:21377181 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE DD' SUB POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR• GENERAL LIABILITY Y CGG740901603 4/1/2014 4/1/2015 EACH OCCURRENCE $ 1,000.000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES Ea occurence $ 300,000 CLAIMS-MADE OCCUR MED EXP(Anyone person) $ 10,000 X Contractual Liability PERSONAL&ADV INJURY $ 11000,000 GENERAL AGGREGATE $ 2,000.000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 21000,000 POLICY X PRO- X LOC $ • AUTOMOBILE LIABILITY CAH740901703 4/1/2014 4/1/2015 (EaaacccideltslNGLELIMIT $ 2,000,000 X ANY AUTO BODILY INJURY(Per person) $ X ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY(Per accident) $ X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE AUTOS (Per accident) $ B X UMBRELLALIAB X OCCUR AUC924234902 4/1/2014 4/1/2015 EACH OCCURRENCE $ 1 000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 11000,000 DED RETENTION$ $ A WORKERS COMPENSATION CWG740901503 4/1/2014 4/1/2015 X WCSTAT - OTH- AND EMPLOYERS'LIABILITY Y/N __1TOF FR ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? a NIA E.L.EACH ACCIDENT $ 11000,000 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 f yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 C Professional B080111209P14 4/1/2014 4/1/2015 $1,000,000 Each Claim & Liability-Claims Made $1,000,000 Annual Aggregate 11/11/1961 Retrodate DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach Acord 101,Additonal Remarks Schedule,if more space is required) Greenwich Insurance Companies Best Rating A XV American Guarantee and Liability Insurance Company Best Rating A+ XV Underwriters at Lloyd's London AM Best Rating: A XV. Professional Liability policy written on claims-made basis. There are no Deductibles or Self-Insured Retentions on the General Liability, Automobile ILiability, Workers Compensation and Umbrella coverages. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Miami Beach AUTHORIZED REPRESENTATIVE City Manager's Office T 1700 Convention Center Drive Miami Beach, FL 33139 Col 1:4 3 7 5 3 3 0 Tp 1:17 8 812 2 Cer t:213 7 7181 ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 33004588 LOC#: A ® ADDITIONAL REMARKS SCHEDULE Paged of Z— AGENCY NAMED INSURED Atkins North America, Inc. Willis of New York, Inc. 2001 NW 107th Avenue POLICY NUMBER Miami, FL 33172-2507 See First Page CARRIER NAIC CODE See First Page EFFECTIVE DATE: See First Page ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE For Extended Construction Administration and Resident Project Representative (RPR) Services RFQ No. 04-10/11, Resolution No.( 2011-27628 The City f Miami Beach, Florida is included as an Additional Insured as respects to General Liability. ACORD 101 (2008/01) Coll:4375330 Tpl:1788122 Cert:21377181 ©2008 ACORD CORPORATION.All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: CGG740901603 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organ ization s : Location(s)Of Covered Operations ANY PERSON OR ORGANIZATION WITH WHOM YOU VARIOUS AS REQUIRED PER WRITTEN HAVE AGREED, THROUGH WRITTEN CONTRACT, CONTRACT. AGREEMENT OR PERMIT, EXECUTED PRIOR TO THE LOSS, TO PROVIDE ADDITIONAL INSURED COVERAGE. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional exclu- organization(s) shown in the Schedule, but only sions apply: with respect to liability for "bodily injury", "property This insurance does not apply to "bodily injury" or damage" or "personal and advertising injury" "property damage"occurring after: caused, in whole or in part, by: 1. All work, including materials, parts or equip- 1. Your acts or omissions; or ment furnished in connection with such work, 2. The acts or omissions of those acting on your on the project (other than service, maintenance behalf; or repairs) to be performed by or on behalf of in the performance of your ongoing operations for the additional insured(s) at the location of the the additional insured(s) at the location(s) desig- covered operations has been completed;or nated above. 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. a CG 20 10 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 ❑ POLICY NUMBER:CGG740901603 COMMERCIAL GENERAL LIABILITY CG 2037 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED- OWNERS, LESSEES OR CONTRACTORS- COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization (s): Location And Description Of Completed O erations ANY PERSON OR ORGANIZATION WITH WHOM VARIOUS AS REQUIRED PER WRITTEN YOU HAVE AGREED,THROUGH WRITTEN CONTRACT. CONTRACT, AGREEMENT OR PERMIT, EXECUTED PRIOR TO THE LOSS,TO PROVIDE ADDITIONAL INSURED COVERAGE. Information required to complete this Schedule,if not shown above,will be shown in the Declarations. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property dam- age" caused, in whole or in part, by "your work" at the location designated and described in the sche- dule of this endorsement performed for that addi- tional insured and included in the "products- completed operations hazard". r C CG 20 37 07 04 ©ISO Properties,Inc., 2004 Page 1 of 1 D POLICY NUMBER:CGG740901603 COMMERCIAL GENERAL LIABILITY CG 02 2410 93 I THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EARLIER NOTICE OF CANCELLATION PROVIDED BY US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Number of Days'Notice 90 (If no entry appears above, information required to complete this Schedule will be shown in the Declarations as applicable to this endorsement.) For any statutorily permitted reason other than Policy Condition or as amended by an applicable nonpayment of premium, the number of days state cancellation endorsement, is increased to the required for notice of cancellation, as provided in number of days shown in the Schedule above. paragraph 2. of either the CANCELLATION Common CG022410 93 Copyright,Insurance Services Office, Inc.,1992 POLICY NUMBER: CAH740901703 XIC4051007 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CANCELLATION BY US This endorsement modifies insurance provided u.nder the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. Changes In Conditions The number of days required for notice of cancellation by us for any reason other than nonpayment of premium, as provided in either paragraph 2. of the CANCELLATION Common Policy condition or as amended by an applicable state cancellation endorsement, is extended to the number of days shown in the Schedule below: SCHEDULE Number of Days' Notice:90 All other terms and conditions of this policy remain unchanged. (Authorized Representative) XIC 405 1007 ©2007, XL America, Inc. Page 1 of 1 Includes copyrighted material of Insurance Office, Inc.,with its pennission. Willis Limited FINEX Global Willis CONTRACT ENDORSEMENT INSURED: WS Atkins Plc and as more fully defined in the contract PERIOD: 1 Apri12014 to 31 March 2015 TYPE: Insurance of UK PI Generic Primary UNIQUE MARKET REFERENCE: B080111209P 14 ENDORSEMENT REFERENCE: 0002 EFFECTIVE DATE: 1 Apri12014 local standard time at the address of the Insured. It is hereby noted and agreed that with effect from the effective date above the following General Condition is added to the policy: "If INSURERS cancel this policy prior to its expiry date by notice to the INSURED for any reason,INSURERS will send written notice of cancellation to the persons or organizations listed in the schedule to becreated and maintained by the INSURED (the "Cancellation Notice Schedule")at least 30 days prior to the cancellation date applicable to the policy. This notice will be in addition to any notice to the INSURED. The INSURED will provide an updated copy of the Cancellation Notice Schedule to Insurers on a monthly basis. The notice referenced in this endorsement is intended only to be a courtesy notification to the person(s) or organization(s) named in the Cancellation Notice Schedule in the event of a pending cancellation of coverage. INSURERS have no legal obligation of any kind to any such person(s) or organization(s). Any failure to provide advance notice of cancellation to the person(s) or organization(s)named in the Cancellation Notice Schedule will impose no obligation or liability of any kind upon INSURERS,will not extend any policy cancellation date and will not negate any cancellation of the policy. INSURERS are not responsible for verifying any information in any Cancellation Notice Schedule, nor are INSURERS responsible for any incorrect information that the INSURED may use." All other terms and conditions remain unaltered. Willis Limited 1 WUv1081!1 Willis Internal Rei'0002 IJ a