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HomeMy WebLinkAboutExhibitCITY OF MIAMI DEPARTMENT OF CAPITAL IMPROVEMENTS PROGRAM AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES AGREEMENT WITH LEO A. DALY COMPANY FOR ARCHITECTURAL AND ENGINEERING SERVICES FOR MELREESE CLUBHOUSE AND RESTAURANT, B-30666 This Amendment No. 2 to the Professional Services Agreement dated March 14, 2008, (THE "AGREEMENT"), between the City of Miami, a municipal corporation of the State of Florida ("CITY"), and Leo A. Daly Company, ("CONSULTANT") a Florida corporation, for the provision of Architectural and Engineering Services for the Melreese Clubhouse and Restaurant, B-30566 ("PROJECT") is entered into this day of 2009. RECITALS WHEREAS, the Agreement was entered into pursuant to Section 287.055, Florida Statutes, (Consultant Competitive Negotiation Act), City Code 18-87 and RFQ No. 06-07-030 on March 14, 2008, in the total amount of $495,399.74, for the Scope of Work included in the original Agreement Documents for the PROJECT; and WHEREAS, pursuant to Amendment No. 1, it was determined to be in the City's best interest as part of the Mayor's initiative to promote Green Building practices, to increase the agreement amount by $100,000, for additional professional services for a Leadership in Energy and Environmental Design ("LEED") Certification consisting of a feasibility study, modification to the design to achieve certification, and the registration and certification process with the United States Green Building Council ("USGBC"); and WHEREAS, Amendment No. 1 increased the total agreement from $495,399.74 to an amount not to exceed $595,399.74, in order to cover the cost of the additional services; and WHEREAS, additional work is now necessary in the amount of $66,738, for owner requested changes such as the accommodation of additional kitchen equipment, unforeseen field conditions such as the need for a new sewer line due to incorrect pitch on existing sewer line, construction administration due to the conversion to a LEED certified project, and also fees related to the LEED certificationlappeal process for the design and construction review; and WHEREAS, pursuant to Resolution No. , this Amendment will increase the total agreement by $66,738, from $595,399.74 to an amount not to exceed $662,137.74; NOW THEREFORE, for the considerations of the foregoing, the parties hereby amend the Agreement as follows: 2,03 Compensation 2.03-1 Compensation Limits The amount of compensation payable by the City to Consultant will generally be a lump sum 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 Ave hLIRGIYed ., nage five thousand three hu RGIYerd RiRety nine six hundred sixty two thousand, one hundred thirty seven dollars and seventy four cents ($662,1237.74) in total over the term of the Agreement and any extension(s), unless explicitly approved by action of the City Commission and put into effect by written amendment to this Agreement. Said fee is comprised of a fee for basic services of $460,399.74 plus $120,000 $186,738 for additional services and $15,000 for Reimbursable Expenses. The City may, at its sole discretion use other compensation methodologies. All other terms and conditions of the Agreement are in operative force and effect and remain unchanged. THE CITY OF MIAMI, FLORIDA CITY OF MIAMI, FLORIDA, a municipal (SEAL) Corporation of the State of Florida ATTEST: Pedro G. Hernandez, P.E., City Manager APPROVED AS TO LEGAL FORM AND CORRECTNESS: Julie O. Bru, City Attorney ATTEST: Corporate Secretary (Affix Corporate Seal) in Priscilla A. Thompson, City Clerk APPROVED AS TO INSURANCE REQUIREMENTS: LeeAnn Brehm, Risk Management Director CONSULTANT 2 By: Agustin J. Barrera, Managing Principal (Print Name and Title) LEO A. DALY COMPANY