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City of Miami
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Legislation
Miami, FL 33133
www.miamigov.com
Resolution
File Number: 09-01239
Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE
PROFESSIONAL SERVICES AGREEMENT ("PSA") BETWEEN THE CITY OF
MIAMI AND LEO A. DALY COMPANY, IN SUBSTANTIALLY THE FORM
ATTACHED AS EXHIBIT "A", TO PROVIDE ADDITIONAL SERVICES FOR THE
STADIUM SITE PARKING PROJECT, B-30648, TO INTEGRATE ENERGY
EFFICIENT AND ENVIRONMENTALLY PRUDENT DESIGN ELEMENTS TO THE
PARKING STRUCTURES TO ASSIST IN ACHIEVING LEED SILVER
CERTIFICATION FOR THE STADIUM, INCREASING THE CONTRACT AMOUNT
BY $435,000, FROM $4,899,642.60 TO AN AMOUNT NOT TO EXCEED
$5,334,642.60; ALLOCATING FUNDS FROM CAPITAL PROJECT NO. B-30648.
WHEREAS, on July 9, 2009, pursuant to Request for Qualifications ("RFQ") No. 08-09-017, the
City of Miami ("City") executed a Professional Services Agreement ("PSA") with Leo A. Daly Company
in the amount of $4,899,642.60, for the provision of Architectural and Engineering Services for the
design of the Stadium Site Parking Project, B-30648 ("Project"); and
WHEREAS, the Construction Administration Agreement ("CAA") among Miami -Dade County
("County"), the City and the Marlins Stadium Developer, LLC (the "Stadium Developer"), which sets
forth the terms and conditions for the construction of the Baseball Stadium Project, expresses the
intention of the parties to seek Leadership in Energy and Environmental Design ("LEED") Silver
Certification for the Stadium; and
WHEREAS, pursuant to the CAA, the County and the City are each responsible for paying 50% of
the incremental cost to achieve LEED Silver status certification, beyond the $1,000,000 to be provided
by the Stadium Developer on behalf of Major League Baseball for such purpose; and
WHEREAS, the City wishes to increase the scope of services of the PSA to integrate energy
efficient and environmentally prudent design elements into the parking structures (the "Additional
Services") which will provide credits that will assist in obtaining LEED silver certification for the
Stadium; and
WHEREAS, pursuant to the CAA, the City may deduct from its obligation to contribute toward the
cost of achieving LEED Silver status certification for the Stadium, any amounts paid by the City above
those required to construct the parking facilities that will assist in obtaining LEED certification for the
Stadium; and
WHEREAS, the Additional Services have been approved by the Stadium Developer and it has
been agreed that the cost of the Additional Services, in the sum of $435,000 will be deducted from the
City's contribution of up to $1,750,000 in support of the LEED certification for the Stadium; and
City of Miami Page I of 2 Printed On: 11/9/2009
File Number 09-01239
WHEREAS, the Additional Services consist of: $275,000 for the design integration and
coordination of LEED credits required in the parking garages and $160,000 to have the parking
structures support a Photovoltaic Generation System, required in order for the Stadium to achieve
LEED certification; and
WHEREAS, funds are to be allocated from Capital Project No. B-30648;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by
reference and incorporated as if fully set forth in this Section.
Section 2. The City Manager is authorized {1} to execute Amendment No. 1, to the PSA between
the City and Leo A. Daly Company, in substantially the form attached as Exhibit "A", to provide
additional services for the Project, to integrate energy efficient and environmentally prudent design
elements to the parking structures to assist in achieving LEED silver certification for the Stadium,
increasing the contract amount by $435,000, from $4,899,642.60 to an amount not to exceed
$5,334,642.60, with funds allocated from Capital Project No. B-30648.
Section 3. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor. {2}
APPROVED AS TO FORM AND CORRECTNESS:
JULIE RU
CITY ATTORNEY W
Footnotes:
{1 } The authorization herein is further subject to compliance with all requirements that may be imposed
by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code
provisions.
{2} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days
from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective
immediately upon override of the veto by the City Commission.
City of Miami Page 2 of 2 Printed On: 1119/2009