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Amendment 3 with Atkins North America a ol/-,2 76,'2 AMENDMENT NO. 3 TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE-CITY OF MIAMI BEACH, FLORIDA AND ATKINS NORTH AMERICA, INC., FOR RESIDENT PROJECT REPRESENTATIVE SERVICES FOR THE BAYSHORE NEIGHBORHOOD NO. 8-CENTRAL BAYSHORE (PACKAGE A), LOWER NORTH BAY ROAD (PACKAGE B),AND LAKE PANCOAST(PACKAGE C) DATED SEPTEMBER 23, 2011 This Amendment to the Agreement made and entered this a4 day of -JL4 k-Q,-_ , 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, Florida 33139, and ATKINS NORTH AMERICA, INC., a Florida Corporation having its principal office at 4030 West Boy Scout Boulevard, Suite 700, Tampa, Florida, 33607 (hereinafter referred to as CONSULTANT). RECITALS WHEREAS, on July 13, 2011, the Mayor and City Commission adopted Resolution No. 2011-27682 authorizing the execution of a Professional Services Agreement(Agreement)with-the Consultant, in the lump sum amount of$544,000, including reimbursable expenses, for Resident Project Representative Services for Neighborhood No. 8 Central Bayshore (Package A), Lower North Bay Road (Package B), and Lake Pancoast (Package C) (the Project); and WHEREAS, on March 14, 2013, Amendment No. 1 to the Agreement was executed by the City Manager, approving additional resident project representative services to provide management support services related to cost analysis and design and permitting management and monitoring for the Phase II work at Central Bayshore, in the not-to-exceed amount of$23,925; and WHEREAS,on June 5, 2013,the Mayor and City Commission adopted Resolution No.2013- 28222, approving Amendment No. 2, in the amount of $241,359, to provide additional resident project representative services for a period of approximately (8) eight months; and WHEREAS,this Amendment No. 3 to the Agreement includes the credit amount of$88,294 for the previous extraction of scope programmed for Lower North Bay Road (Package B); and WHEREAS,this Amendment No. 3 also includes, extended resident project representative services for Central Bayshore (Package A), for a period of approximately two (2) months, in the negotiated not-to-exceed amount of$65,200, including reimbursable expenses; and WHEREAS, this Amendment No. 3 results in a net credit, in the amount of$23,094; and WHEREAS,Amendment No. 3 to the Agreement, revises the total contract sum to a not-to- exceed total of$786,190. NOW, THEREFORE, the parties hereto, and in consideration of the mutual promises, covenants, agreements, terms, and conditions herein contained, and other good and valuable consideration, the respect and.adequacy are hereby acknowledged, do agree as follows: 1. ABOVE RECITALS The above recitals are true and correct and are incorporated as part of this Amendment No. 3. 2. MODIFICATIONS ' The Agreement is amended to include"Schedule A-3",_which is attached and incorporated herein. 3. OTHER PROVISIONS. Except as amended herein, all other terms and conditions of the Agreement shall remain unchanged and in full force and effect. 4. RATIFICATION. The CITY and CONSULTANT ratify the terms of the Agreement, as amended by this Amendment No. 3. IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 3 to be executed in their names by their duly authorized officials as of the date first set forth above. ATTEST: CITY OF IAMI BE CH Cp 2� L BY Raf el Granado, City erk Jimm L. M rates, City Manager ATTEST: CONSULTANT: ATKINS NORTH AMERICA, INC., By TITLE: Secretary Tlf LE:J,0-�e„it--TetvISIO `14 4G&,&- Print Name Print Name APPROVED AS TO FORM & LANGUAGE &FOR EXECUTION City Attorney K Date SCHEDULE A-3 1. EXTENDED RESIDENT PROJECT REPRESENTATIVE SERVICES. Task 1.0-Extended Resident Project Representative Services for a period of approximately two (2) months, related to extensions of time awarded to the Contractor via change orders for additional work related to unforeseen conditions, rain delays, and additional scope related to Central Bayshore Package A. See attached Atkins proposal dated April 30, 2014. 2. DELETION OF LOWER NORTH BAY ROAD RESIDENT PROJECT REPRESENTATIVE SERVICES Task 2.0—Removal of Resident Project Representative Services for the Lower North Bay Road Right of Way Improvement project. 3. PAYMENT AND COMPENSATION The scope of services described in this amendment shall be performed for a not-to-exceed amount of $65,200, Exhibit A-3. Invoicing shall be as referenced in the original agreement. Consultant's request for extended services is attached for reference purposes. Compensation Original Agreement $5441000 Amendment No. 1 $ 23,925 Amendment No. 2 $241,359 Amendment No. 3 ($ 23,094) Total Revised Agreement $786,190 I Em'10ir A Atkins North America,Inc. ATKINS 2001 Northwest 107th Avenue Miami, Florida 33172-2507 Telephone:+1.305.592.7275 www.atkinsplobal.com/northamerica April 30, 2014 Submitted via E-Mail Mr. Mark Tomczyk, P.E. Senior Capital Projects Coordinator Office of Capital Improvement Projects City of Miami Beach RE: City of Miami Beach - Central Bayshore (Package A) and Lake Pancoast (Package C)—Amendment No. 3 -Additional Services Proposal Dear Mark: Per your request and based on our discussions, following is our fee proposal for the additional services related to added scope via change orders and related to the subject project. Atkins' fee proposal is as follows (refer to Attachment "A"for detailed breakdown): TASK 1.0-Additional RPR.Services roue.tb CO,Work (Attachment"A') $65,200 TASK 1 - TOTAL $65,200' Atkins understands the importance of this task for the City of Miami Beach and it is thoroughly confident that it can provide support services that will enhance the City's vision of providing quality construction projects. Thank you for the opportunity to once again provide you with our services for this project. Please do not hesitate to contact me with any questions or comments. Regards, Juan Alfonso, Assoc. A/A Assoc. VP/Project Director w/Attachments Cc: Mr. Jorge Rodriguez, P.E., LEED AP— City of Miami Beach File .City of Miami Beach ATKINS Central Bayshore AMENDMENT No. 3-Additional Services ATTACHMENT"A" Apd130,2014 Team: RPR SVCS-BUDGETED HRS Task: Category PM Sr.CM CM Total Budget Hour/ Rate: $120.00 $115.00 $101.00 1.0 RPR Additional Services Office review of change orders/claims Allowance 80 80 FULL-TIME(8 hours per day)Resident Project 376 376 Representative 47 days-7/1/14-9/5/14 Project manager at 25%of RPR time 94 94 Total Hours-TASK 1.0: 94 376 80 550 Total Labor ATKINS:1 $11,280 $43,240 $8,080 $62,600 TASK 1.0-Reimbursable Expenses $2,600 TASK 1.0-NOT TO EXCEED-TOTAL $651200 ScopelAssumptions: -Budget hours are based on Contractor's approved time request for Change Order scope of work.Atkins'additional services are assumed from July 1 2014-September 5,2014(excludes holiday work-4th of July and Labor Day). -Should RPR support extend beyond the dates listed above,the city will be duly notifed and an additional services request will be issued for its review. -Hourly rates are based on schedule C Hourly Billing rate schedule. Note: Since senior construction manager and Construction manager rates are not included in said schedule,comparable hourly rates listed in the executed agreement were used. -Reimbursable expenses are related to company vehicle,maintenance and safety equipment expenses,to be billed on a monthly basis with back-up. I