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HomeMy WebLinkAboutExhibitCITY OF MIAMI AMENDMENT NO. I TO THE PROFESSIONAL SERVICES AGREEMENT WITH LEO A. DALY COMPANY FOR ARCHITECTURAL AND ENGINEERING SERVICES FOR STADIUM SITE PARKING, (CAPITAL PROJECT NO. B-30648) This Amendment No. 1 to the Professional Services Agreement dated July 9, 2009, (the "Agreement"), between the City of Miami, a municipal corporation of the State of Florida ("City"), and Leo A. Daly Company, ("Consultant") a Nebraska corporation, for the provision of Architectural and Engineering Services for the Stadium Site Parking Project ("Project") is entered into this day of , 2009. RECITALS WHEREAS, on July 9, 2009, pursuant to RFQ No. 08-09-017 and Resolution No. 09- 0200, adopted by the City Commission April 23, 2009, the City and the Consultant entered into the Agreement, in the amount of $4,899,642.60, for the Scope of Work described therein; and WHEREAS, on April 15, 2009, the City, Miami -Dade County ("County") and Marlins Stadium Developer, LLC ("Stadium Developer") entered into a Construction Administration Agreement ("CAA") which provides, among other things, for the construction of the Baseball Stadium and the Project; and WHEREAS, the CAA evidences the parties' intent to seek Leadership in Energy and Environmental Design (LEED) Silver Certification for the Baseball Stadium ("LEED Certification"), and provides that the County and the City are each responsible for the payment of 50% of the incremental cost to achieve LEED Certification, beyond the $1,000,000 to be provided by the Stadium Developer on behalf of Major League Baseball; and WHEREAS, the CAA further provides that the City may deduct from its obligation to contribute 50% of the incremental cost to achieve LEED Certification, any amounts paid by the City above those required to construct the Project that will assist in obtaining LEED Certification for the Stadium; and WHEREAS, the Stadium Developer has requested the City, and the City wishes, to assist the Stadium Developer in achieving LEED Certification; and WHEREAS, the City wishes to increase the Scope of Services of the Agreement in order to include design integration and coordination of LEED credits required in the parking garages and to have the parking structures support a Photovoltaic Generation System, required in order for the Stadium to achieve LEED Certification ("Additional Services"); and WHEREAS, this Amendment No. 1 will increase the total compensation payable under the Agreement by $435,000, from $4,899,642.60 to an amount not to exceed $5,334,642.60, to cover the cost of the Additional Services; and ors0ocument 199780 (2).doc NOW THEREFORE, for the considerations of the foregoing, the parties hereby amend the Agreement as follows: Additional Services: The Additional Services are described in Exhibit "A" to this Amendment. The PSA is hereby amended to include the Additional Services. 2. Compensation: The amount of compensation payable by the City to Consultant shall be increased by $435,000, for the provision of the Additional Services, and shall be paid as provided in the PSA. All other terms and conditions of the Agreement are in operative force and effect and remain unchanged. THE CITY OF MIAMI, FLORIDA ATTEST: By: Priscilla A. Thompson, City Clerk APPROVED AS TO LEGAL FORM AND CORRECTNESS: L-02 Julie O. Bru, City Attorney ATTEST: Corporate Secretary (Affix Corporate Seal) CITY OF MIAMI, FLORIDA, a municipal Corporation of the State of Florida By: Pedro G. Hernandez, P.E., City Manager APPROVED AS TO INSURANCE REQUIREMENTS: By: LeeAnn Brehm, Risk Management Director CONSULTANT LEO A. DALY COMPANY By: Agustin J. Barrera, Managing Principal ors:Document 199780 (2).doc 2