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Amendment No. 5 to PSA with Atkins North America, Inc. 010 if- 2.- a C�8 AMENDMENT NO. 5 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 JULY 30, 2015 This Amendment to the Agreement made and entered this day of oveT , 2015, 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(the Agreement)with 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 to the Agreement, in the amount of $241,359, to provide extended resident project representative services for an additional period of approximately(8)eight months beyond original project completion due to an extension of time to the construction contract; and WHEREAS, on June 26, 2014, Amendment No. 3 to the Agreement was executed by the City Manager, in the net credit amount of $23,094, approving extended resident project representative services for Central Bayshore (Package A), for a period of approximately two (2) months beyond previously established project completion due to an additional time extension to the construction contract, in the negotiated not-to-exceed amount of $65,200, and including a credit amount of$88,294,for the extraction of scope programmed for Lower North Bay Road(Package B); and WHEREAS, on October 13,2014 Amendment No.4 to the Agreement was executed by the City Manager to extend resident project representative services for Central Bayshore(Package A), for a period of approximately one (1) month beyond previously established project completion, in order to provide project close-out support, in the negotiated not-to-exceed amount of$10,630; and . WHEREAS, this Amendment No. 5 to the Agreement includes extended resident project representative services for Central Bayshore(Package A)for a period extending approximately two (2) months beyond previously established Contract end date of February 20, 2015, the final completion date, in order to provide punch list support, reconciliation and review of final change orders and invoices, and final inspections as required, in the negotiated not-to-exceed amount of $22,356, including reimbursable expenses; and WHEREAS,Amendment No. 5 to the Agreement, revises the tol tal contract sum to a not-to- exceed total of$819,176. 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. 5. 2. MODIFICATIONS The Agreement is amended to include"Schedule A-5", which is attached and incorporated herein. 3. OTHER PROVISIONS. All other provisions of the Agreement, as amended, are unchanged. 4. RATIFICATION. The City and Consultant ratify the terms of the Agreement,as amended by this Amendment No. 5. IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 5 to be executed in their names by their duly authorized officials as of the date first set forth above. ATTEST: CITY 9F MIAMI ACH I APIO/ R. ael -•` ado, C 40.- E3 i4,. Jib'my L. orales, City Manager ,����. ■ ATTEST: . + -~ CONSULTANT: s' IN�;ORF ORATED, r -; ATKI ifORTH AMERICA, INC., •� ' 'N, =j .--..� h .`•• ..e. •� • By A/ ITLE: xi? E: '' VLA- r 'rtriv ILOserak.\-4- ex,%NC/40 ' er Print Name ,''a, ame APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION c;ck-•(- 0 zr.4 (-Th 61(.111/5 City Attorney Dote SCHEDULE A-5 1. EXTENDED RESIDENT PROJECT REPRESENTATIVE SERVICES Task 1.0 - Extended Resident Project Representative Services, for a period extending approximately two(2)months beyond previously established Contract end date of February 20, 2015, the final completion date, related to additional services in order to provide punch list support, reconciliation and review of final change orders, invoices, and final inspections as required, related to Central Bayshore(Package A). See attached Atkins proposal dated May 28, 2015. 2. PAYMENT AND COMPENSATION The scope of services described in this amendment shall be performed for a not-to-exceed amount of $10,630. Invoicing shall be as referenced in the original agreement. Consultant's request for extended services is attached for reference purposes. Compensation Original Agreement $544,000 Amendment No. 1 $ 23,925 Amendment No. 2 $241,359 Amendment No. 3 ($ 23,094) Amendment No. 4 $ 10,630 Amendment No. 5 $ 22,356 Total Revised Agreement $819,176