Loading...
HomeMy WebLinkAboutReso 2021-3217RESOLUTION NO.2021 - ' 2V-I A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING AN AGREEMENT WITH PERKINS+WILL FOR ARCHITECTURAL AND ENGINEERING DESIGN SERVICES FOR THE PEDESTRIAN OVERPASS BRIDGE TO BE LOCATED AT 18080 COLLINS AVENUE, IN AN AMOUNT NOT TO EXCEED FIFTY-FIVE THOUSAND DOLLARS ($55,000.00), ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE MAYOR TO EXECUTE AGREEMENT; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on April 30, 2015, the City issued Request for Qualifications No. 15-04-01 for Architectural Design Services for a New Facility at 18080 Collins Avenue, of which eight (8) responses were received; and WHEREAS, on September 17, 2015, via Resolution No. 2015-2459, the City Commission ratified an agreement with Perkins+Will ("Consutlant") to provide Architectural Design Services for the Government Annex Building at 18080 Collins Avenue ("Services"); and WHEREAS, on April 19th, 2018, via Resolution No. 2018-2812, the City Commission approved a Second Amendment to the Agreement with Consultant for Services, to include the design of a Pedestrian Bridge integrated within the design of the Government Annex Building ("Additional Services"); and WHEREAS, while the Agreement has expired, the City continues to require the Additional Services to be performed by Consultant; and WHEREAS, Consultant is qualified, willing and able, and has expressed the desire to continue working with the City; and WHEREAS, the City Commission now wishes to approve an Agreement with Perkins+Will to provide Architectural and Engineering Design Services for the Pedestrian Overpass Bridge over Collins Avenue and 1801h Street, in an amount not to exceed Fifty -Five Thousand Dollars ($55,000.00), attached hereto as Exhibit "A". NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Approval of Agreement. The City Commission hereby approves an Agreement with Perkins+Will to provide Architectural and Engineering Design Services for the Pedestrian Overpass Bridge over Collins Avenue and 180th Street, in an amount not to exceed Fifty -Five Thousand Dollars ($55,000.00), attached hereto as Exhibit "A". Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute said Agreement. @BCL@300FC359.Doc Page 1 of 2 107 Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate this Resolution. Section 4. Effective Date. This Resolution shall become effective upon adoption. ATTEST: All PASSED AND ADOPTED this 15th day of July 2021. Q " George H. Scholl, Mayor APPROVED AS TO FORM LE L CIENCY: CMC, City Clerk Z,, Edward A. Dion, City Attorney Moved by: �VV{miWor46c. COLbM4W Seconded by: `pw1AWt(�s�©N - vtsCA44eA Vote: Mayor Scholl - 4660-v (Yes) (No) Vice Mayor Svechin (Yes) (No) Commissioner Goldman ,/ (Yes) (No) Commissioner Lama (Yes) (No) Commissioner Viscarra (Yes) (No) @BCL@300FC359.Doc Page 2 of 2 108 ark `�yx f`4, 4�r `'rP uFF Lot, sW�+ hap City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax MEMORANDUM TO: Honorable Mayor and City Commissioners VIA: Christopher J. Russo, City Manager FROM: Richard Labinsky, City Engineer DATE: July 15, 2021 RE: Agreement with Perkins & Will Architects, Inc. for the Pedestrian Overpas Bridge at 18080 Collins Avenue RECOMMENDATION: Staff recommends approval of this Resolution. REASONS: Staff is seeking approval of the Agreement with Perkins & Will Architects, Inc. ("Consultant") fo additional architectural and engineering design services for the overpass bridge located at 18080 Collins Avenue ('Government Center Pedestrian Bridge"). The City entered into an Agreement on August 21, 2015, with the Consultant which was amendec seven (7) times, but which has subsequently expired. The City is requesting that the Consultant provide additional services for the Government Centei Pedestrian Bridge Project thru the use of their sub -consultants, Thornton Tomasetti and Kimley Horn, During the Florida Department of Transportation ('FDOT') review process, the reviewers expresses concern that without a specific drainage system for the roof, there is a chance of concentrations of rainwater draining onto the roadway underneath. The team agreed to study this through constructing a physical mock-up of a portion of the bridge and testing it for drainage. This proposal proved too cost prohibitive. As an alternative approach, we are proposing using a computer model to simulate the drainage process. Thornton Tomasetti proposes the use of Computational Fluid Dynamics to model a section of the bridge to investigate the impingement of rain on the surface of the pedestrian bridge, and the Item Number: 10.1 105 associated run off. Computational Fluid Dynamics encapsulates a number of methods, both traditional mesh based and particle -based methods for simulating the flow of fluid within a domain. Rain will collect initially on the bridge surface, causing a water film to develop, which will then flow across the bridge surface depending on the interaction between the wind force on the water film and gravity. Kimley Horn and Associates is also expanding their services to include relocation of the fire line, waterline and irrigation that feeds the Government Center and storm drainage modifications on the east side of the road for conformance to the final design plans. Total amount for these additional services will not exceed $55,000.00 ATTACHMENTS: Resolution Agreement Item Number: 10.1 106 i= AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH AND PERKINS & WILL ARCHITECTS. INC. rw C,y�. r4Op, ro 4�� CONTRACT NO. 2021- 6009. THIS CONTRACTUAL AGREEMENT (hereinafter referred to as the "Agreement") is made in duplicate, this day of June 2021, by and between the CITY OF SUNNY ISLES BEACH, Florida, (hereinafter referred to as "City"), and PERKINS & WILL ARCHITECTS, INC., a Florida corporation (hereinafter referred to as "Consultant") whose Federal I.D. # is 36- 2679146. RECITALS WHEREAS, the City and the Consultant entered into an Agreement on August 21, 2015, Contract No. C1415-087, which was amended seven (7) times, but which has subsequently expired; and WHEREAS, the City is in need of Consultant to provide additional services in connection with the services being provided on the Government Center :Pedestrian Bridge ("Services"); and WHEREAS, Consultant has expressed the ability and desire to provide these Services as more fully described in Attachment "A", which is attached hereto and incorporated herein by reference; and WHEREAS, Consultant is qualified, willing and able to provide the desired Services subject to the terms and conditions contained herein; and WHEREAS, the City desires to enter into this Agreement with Consultant to provide the Services in a total amount not to exceed Fifty -Five Thousand Dollars ($55,000.00) in accordance with Attachment "A". NOW THEREFORE, in consideration of the promises and the mutual covenants herein name, the parties agree as follows: l . RECITALS. The Recitals set forth above are hereby incorporated into this Agreement and made a part hereof for reference. 2. SERVICES. Consultant shall provide the Services as more particularly described in Attachment "A" attached hereto and made a part hereof. 3. TERM. Subject to the provisions relating to the termination of this Agreement as set forth in Section 8 hereunder, the term of this Agreement shall begin on July 1, 2021 and shall terminate no later January 31, 2022. 4. COMPENSA.TION. As the entire compensation under this Agreement and during the terms of this Agreement, in whatever capacity rendered, the City shall pay Consultant an amount not to exceed Fifty -Five Thousand Dollars ($55,000.00) in accordance with Attachment "A", and under the following conditions: Perkins & Will Architects, Inc. City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax a. Invoice Requirements. Consultant shall be required to submit detailed billing invoices, with each job detailing the number of hours performed, in order to be paid by the City. The dates and times the Services must be provided shall be mutually agreed upon by the City and Consultant. All Services to be performed by Consultant including the dates and times shall be directed through, and approved in advance by, the City Manager. b. Disbursements. There are reimbursable expenses associated with this contract as more particularly described in Attachment "A". However, no additional reimbursable expenses are authorized without express written approval in advance from the City Manager or his designee. C. Payment Schedule. Invoices received from the Consultant pursuant to this Agreement will be reviewed by the initiating City Department. If Services have been rendered in conformity with the Agreement, the invoice will be sent to the Finance Department for payment. Invoices must reference the contract number assigned hereto. Invoices will be paid in accordance with the State of Florida Prompt Payment Act. d. Availability of Funds. The City's performance and obligation to pay under this Agreement is contingent upon an annual appropriation for its purpose by the City Commission. e. Final Invoice. In order for both parties herein to close their books and records, the Consultant will clearly state "final invoice" on the Consultant's final/last billing to the City. This certifies that all services have been. properly performed and all charges and costs have been invoiced to the City. Since this account will thereupon be closed, any other additional charges, if not properly included on this final invoice, are waived by the Consultant. Consultant shall make no other charges to the City for supplies, labor, taxes, licenses, permits, overhead or any other expenses or costs unless any such expense or cost is incurred by Consultant with the prior written approval of the City. if the City disputes any charges on the invoices, it may make payment of the uncontested amounts and withhold payment on the contested amounts until they are resolved by agreement with Consultant. Consultant shall not pledge the City's credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. The Consultant further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this Agreement. 5. INDEPENDENT CONSULTANT RELATIONSHIP. The Consultant is an independent Consultant and shall be treated as such for all purposes. Nothing contained in this Agreement or any action of the parties shall be construed to constitute or to render the Consultant an employee, partner, agent, shareholder, officer or in any other capacity other than as an independent Consultant other than those obligations which have been or shall have been undertaken by the City. Consultant shall be responsible for any and all of its own expenses in 2 Perkins & Will Architects, Inc. City of Funny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax performing its duties as contemplated under this Agreement. The City shall not be responsible for any expense incurred by the Consultant. The City shall have no duty to withhold any Federal income taxes or pay Social Security services and that such obligations shall be that of the Consultant, other than those set forth .in this Agreement. Consultant shall furnish its own transportation, office and other supplies as it determines necessary in carrying out its duties under this Agreement. 6. OWNERSHIP OF DOCUMENTS AND EOUIPMENT. All documents prepared by the Consultant pursuant to this Agreement and related Services to this Agreement are intended and represented for the ownership of the City only. Any other use by Consultant or other parties shall be approvedin writing by the City. If requested, Consultant shall deliver the documents to the City within fifteen (15) calendar days. 7. INSURANCE. Consultant shall, at its sole cost and expense, during the period of any work being performed under this Agreement, procure and maintain the following minimum insurance coverage to protect the City and Consultant against all loss, claims, damage and liabilities caused by Consultant, its agents or employees, as indicated below: ❑ Comprehensive General liability insurance, including broad form contractual liability coverage for all operations, including, but not limited to, contractual, products, and completed operations, personal injury and property damage liability with minimum limits of One Million Dollars ($1,000,000) per occurrence. ❑ Worker's Compensation and employer's liability coverage, as .required pursuant to Florida law. ❑ Umbrella insurance shall be required to purchase, maintain, and keep in Rill force, effect, and in good standing above the primary liability policies required herein. The limit shall not be less than One Million Dollars ($1,000,000.00) per occurrence and annual aggregate per occurrence during the initial and any renewal term of this Agreement. ❑ Professional Liability Insurance including Errors and Omissions with minimum limits of One Million Dollars ($1,000,000.00) per occurrence. Insurance required of the Consultant shall be primary to, and not contribute with, any insurance or self-insurance maintained by the City. Such insurance shall not diminish Consultant's indemnification and obligations hereunder. The insurance policy shall be issued by companies authorized to do business under the laws of the State of Florida and acceptable to the City with a minimum A.M. Best rating of A -Excellent. Before any work under this Agreement is performed, and at any time upon request, Consultant shall furnish to the City certificates of insurance evidencing the minimum required coverage and shall be appropriately endorsed for contractual liability, with the City named as additional insured. All policies shall contain a waiver of subrogation endorsement. All policies and certificates shall be in forms and issued by insurance companies acceptable to the City Manager or his designee. All insurance policies and certificates of insurance shall provide that the policies may not be canceled or altered without thirty (30) days prior written notice to the City. The City reserves the right from time to 3 Perkins & Will Architects, Inc. City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax time to change the insurance coverage and limits of liability required to be maintained by Consultant hereunder. Consultant shall also require and ensure that each of its sub -Consultants providing services hereunder (if any) procures and maintains, until the completion of the services, insurance of the types and to the limits specified herein. ANY EXCEPTIONS TO THE INSURANCE REQUIREMENTS IN THIS SECTION MUST BE APPROVED IN WRITING BY THE CITY. TERMINATION AND REMEDIES FOR BREACH. A. If, through any cause within reasonable control, the Consultant shall fail to fulfill in a timely manner or otherwise violate any of the covenants, agreements or stipulations material to this Agreement, the City shall have the right to terminate the Services then remaining to be performed. Prior to the exercise of its option to terminate for cause, the City shall notify the Consultant of its violation of the particular terms of the Agreement and grant Consultant ten (10) days to cure such default. If the default remains uncured after ten (10) days the City may terminate this Agreement, and the City shall receive a refund from the Consultant in an amount equal to the actual cost of a third party to cure such failure. If Consultant fails, refuses or is unable to perform any term of this Agreement, City shall pay for services rendered as of the date of termination. (i.) In the event of termination, all finished and unfinished documents, data and other work product prepared by Consultant shall be delivered to the City and the City shall compensate the Consultant for all Services satisfactorily performed prior to the date of termination, as provided in Paragraph 4 herein. (ii.) Notwithstanding the foregoing, the Consultant shall not be relieved of liability to the City for damages sustained by it by virtue of a breach of the Agreement by Consultant and the City may reasonably withhold payment to Consultant for the purposes of set-off until such time as the exact amount of damages due the City from the Consultant is determined. B. Termination for Convenience of City. The City may, for its convenience and without cause terminate the Services then remaining to be performed. at any time by giving Consultant ten (10) days written notice. The terms of Paragraph 8 A(i) and A(ii) above shall be applicable hereunder. C. Termination for Insolvency. The City also reserves the right to terminate the remaining Services to be performed in the event the Consultant is placed either in. voluntary or involuntary bankruptcy or makes any assignment for the benefit of creditors. 9. GOVERNING LAW AND ATTORNEYS' FEES. It is agreed that this Agreement shall be governed by, construed and enforced in accordance with the laws of the State of Florida. Venue for any legal proceeding shall, be in Miami Dade County, Florida. In the event it becomes necessary for the City to file a lawsuit to enforce any term or provision under this Agreement and .19 Perkins & Will Architects, htc. City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax the City is the prevailing party then the City shall be entitled to its costs and attorney's fees at the pretrial, trial and appellate levels. 1.0. CONFIDENTIAL INFORMATION. The Consultant shall not, either during the term of this Agreement or any time for a period of ten (10) years subsequent to that date upon which the Consultant shall leave the employment of the City for any reason whatsoever, disclose to any person or entity, other than in the discharge of the duties of the Consultant under this Agreement, any information which. the City designates in writing as "confidential." As a violation by the Consultant of the provisions of this Section could cause irreparable injury to the City and there is no adequate remedy at law for such violation, the City shall have the right, in addition to any other remedies available to it at law or in equity, to enjoin the Consultant from violating such provisions. 11. NOTICES. All notices and other communications required or permitted to be given under this Agreement by either party to the other shall be in writing and shall be sent (except as otherwise provided herein) (i) by certified or registered mail, first class postage prepaid, return receipt requested, (ii) by guaranteed overnight delivery by a nationally recognized courier service, or (iii) by facsimile with confirmation receipt (with a copy simultaneously sent by certified or registered mail, first class postage prepaid, return receipt requested or by overnight delivery by traditionally recognized courier service), addressed to such party as follows: If to the City: Christopher J. Russo With a copy to: City Manager Ed Dion City of Sunny Isles Beach City Attorney 18070 Collins Avenue, 41h Floor City of Sunny Isles Beach Sunny Isles Beach, Florida 33160 18070 Collins Avenue, 40' Fl.00r Tel: (305) 792-1776 Sunny Isles Beach, Florida 33160 Tel: (305) 792-1766 If to the Lawrence Kline, Principal Consultant: Perkins & Will Architects, Inc. 806 Douglas Road, Suite 300 Coral Gables, FL. 12. AUDIT. The Consultant shall make available to the City or its representative all required financial records associated with the Agreement for a period of three (3) years. 13. PUBLIC RECORDS. The Consultant shall be required to comply with the .following requirements under Florida's Public Records Law: (i.) Consultant shall keep and maintain public records required by the City to perform the service. (ii.) Upon request from the City, Consultant shall provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided by Chapter 119, Florida Statutes, or as otherwise provided by law. 5 Perkins & Will Architects, Inc. City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax (iii.) Consultant shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract tern and following completion of the contract if the Consultant does not transfer the records to the City. (iv.) Consultant shall, upon completion of the contract, transfer, at no cost, to the City all public records in possession of the Consultant or keep and maintain public records required by the City to perform the service. If the Consultant transfers all public records to the City upon completion of the contract, the Consultant shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Consultant keeps and maintains public records upon completion of the contract, the Consultant shall meet all applicable requirements for retaining public records. All records stored electronically must be provided by Consultant to the City, upon request from the City, in a format that is compatible with the infonnation technology systems of the City. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CITY'S CUSTODIAN OF PUBLIC RECORDS AT (305) 792-1703, CityClerk@sibfl.net, 18070 Collins Avenue, 4" Floor, Sunny Ines Beach, Florida 331 14. PROHIBITION AGAINST CONTRACTING WITH SCRUTINIZED COMPANIES. Pursuant to Florida Statutes Section 217.4725, contracting with any entity that is listed on the Scrutinized Companies that Boycott Israel List or that is engaged in the boycott of Israel is prohibited. Consultants must certify that the company is not participating in a boycott of Israel. Any contract for goods or services of One Million Dollars ($1,000,000) or more shall be terminated at the City's option if it is discovered that the entity submitted false documents of certification, is listed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has been engaged in business operations in Cuba or Syria after July 1, 2018. Any contract entered into or renewed after July 1, 2018 shall be terminated at the City's option if the company is listed on the Scrutinized Companies that Boycott Israel List or engaged in the boycott of Israel. Consultants must submit the certification that is attached to this agreement as Attachment `B". Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to the Consultant of the City's determination concerning the false certification. The Consultant shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination. was in error. If the Consultant does not demonstrate that the City's determination of false certification was made in error, then the City shall have the right to terminate the contract and seek civil remedies pursuant to Florida Statute Section 215.4725. 15. E-VERIFY. Florida Statute 448.095 directs all public employers, including municipal governments, to verify the employment eligibility of all new public employees through the U.S. Department of Homeland Security's E-Verify System, and further provides that a public employer may not enter into a contract unless each. party to the contract registers with and uses the E-Verify 6 Perkins & Will Architects, Inc. City of Sunny ,Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax system. Florida Statute 448.095 further provides that if a Contractor enters into a contract with a subcontractor, the subcontractor must provide the Contractor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. In accordance with Florida Statute 448.095, Contractor is required to verify employee eligibility using the E-Verify system for all existing and new employees hired by Contractor during the contract term. Further, Contractor must also require and maintain the statutorily required affidavit of its subcontractors. It is the responsibility of Contractor to ensure compliance with E-Verify requirements (as applicable). To enroll in E-Verify, employers should visit the E-Verify website (htips://www.e-veri ov/employers/enrolling-in-e-verify) and follow the instructions. The Contractor must retain the I-9 Forms for inspection, and provide the attached E-Verify Affidavit, attached hereto as Attachment "C". 16. NON-DISCRIMINATION. The Consultant agrees to comply with all local and state civil rights ordinances and with Title VI of the Civil Rights Act of 1984 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Title 1 ofthe Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and with Executive Order 11248 as amended by Executive Orders 11375 and 12086. The Consultant will not discriminate against any employee or applicant for employment because of race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age, marital/familial status, or status with regard to public assistance. The Consultant will. take affirmative action to insure that all employment practices are free from such discrimination. Such employment practices include but are not limited to the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City setting forth the provisions of this non-discrimination clause. The Consultant agrees to comply with any Federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1.973 (29 U.S.C. 708), which prohibits discrimination against the handicapped in any Federally assisted program. 17. CONFLICT OF INTEREST. The Consultant agrees to adhere to and be governed by the Miami -Dade County Conflict of Interest Ordinance Section 2-11.1, as amended; and by Chapter 33 of the City of Sunny Isles Beach Code of Ordinances, which are incorporated by reference herein as if fully set forth herein, in connection with the Agreement conditions hereunder. The Consultant covenants that it presently has no interest and shall not acquire any interest, directly or indirectly which should conflict in any manner or degree with the performance of the Services. The Consultant further covenants that in the performance of this Agreement, no person having any such interest shall knowingly be employed by the Consultant. The Consultant guarantees that he/she has not offered or given to any member of, delegate to the Congress of the United States, any or part of this contract or to any benefit arising therefrom. 18. INDEMNIFICATION AND WAIVER OF LIABILITY. The Consultant agrees, to the fullest extent permitted by law, to defend, indemnify and hold harmless the City, its agents, 7 Perkins & Will Architects. Inc. City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax representatives, officers, directors, officials and employees from and against all claims, damages, losses and expenses (including but not limited to attorney's fees, arbitration costs, and costs of appellate proceedings) relating to, arising out of or resulting from the Consultant's negligent acts, errors, mistakes or omissions relating to professional services in the performance of this Agreement. The Consultant's duty to defend, hold harmless and indemnify the City, its agents, representatives, officers, directors, officials and employees shall arise in connection with any claim, damage, loss or expense that is attributable to bodily injury; sickness; disease; death; or injury to impairment, or destruction of tangible property including loss of use resulting therefrom, caused by any negligent acts, errors, mistakes or omissions related to professional services in the performance of this Agreement including any person for whose acts, errors, mistakes or omissions the Consultant may be legally liable. The parties agree that One Hundred Dollars ($100.00) represents specific consideration to the Consultant for the indemnification set forth in this Agreement. 19. COMPLIANCE WITH LAW. Consultant shall comply with all laws, regulations and ordinances of any federal, state, or local governmental authority having jurisdiction with respect to this Agreement ("Applicable Laws") and shall obtain and maintain any and all material permits, licenses, approvals and consents necessary for the lawful conduct of the activities contemplated under this Agreement. 20. MISCELLANEOUS. A. In the event any provision of this Agreement is found to be void and unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall nevertheless be binding upon the parties with the same effect as though the void or unenforceable provisions had been severed and deleted. B. This Agreement may be executed in multiple identical counterparts, each of which shall be deemed an original for all purposes. C. No waiver of any provision of this Agreement shall be valid or enforceable unless such waiver is in writing and signed by the party granting such waiver. D. Each individual executing this Agreement on behalf of a party hereto hereby represents and warrants that he or she is, on the date he or she signs this Agreement, duly authorized by all necessary and appropriate action to execute this Agreement on behalf of such party and does so with full legal authority to bind their respective party to this Agreement. E. This Agreement contains the entire agreement of the parties, and may be amended, waived, changed, modified, extended or rescinded only by in writing signed by the party against whom any such amendment, waiver, change, modification, extension and/or rescission. is sought. F. Contractor shall comply with all laws, regulations and ordinances of any federal, state, or local governmental authority having jurisdiction with respect to this Agreement ("Applicable Laws") and shall obtain and maintain any and all material permits, licenses, approvals and consents necessary for the lawful conduct of the activities contemplated under this Agreement. 8 Perkins & Will Architects, Inc. City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax G. If there is a conflict or inconsistency between any term, statement, requirement, or provision of any exhibit attached hereto, any document or events referred to herein, or any document incorporated into this Agreement, the term, statement, requirement, or provision contained in this Agreement shall prevail and be given superior effect and priority over any conflicting or inconsistent term, statement, requirement or provision contained in any other document or attachment, including but not limited to Attaclunents "A" and "B". IN WITNESS WHEREOF, the parties hereto have executed this Agreement in triplicate on the day and year first written above. WITNESS: ?g�naturc Print Name 9 ATTEST: BY: BY: Ma cio Betancur, CMC, City Clerk Department Head Perkins & Will Architects, Inc. PERKINS & INC. 's ARCHITECTS, Principal CITY OF U NY ISLES BE BY: George Scholl, Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: �- _Edward A. Dion, City ttorney U City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Attachment "A" 11M Perkins & Will Architects, Inc. Perkins.&Will Additional Service Request Request # ASR•16 Project Name: Sunny Isles Beach Pedestrian Bridge Date Prepared: Monday, December 21, 2020 Project Number: 810504 Client: City of Sunny Isles Beach 18070 Collins Avenue 4th Floor Sunny Isles Beach, FL 33160 Prepared By: Jose Bofill Attention: Richard Labinsky Contract Summary This Additional Service complies with all terms and conditions found in the Prime Agreement entered into between Perkins+Will and City of Sunny Isles. Beach Dated: 4/16/2018 Description of Work Thornton Tomasetti proposes the use of Computational Fluid Dynamics to model a section of the bridge to investigate the impingement of rain on the surface of the pedestrian bridge, and the associated run off. Computational Fluid Dynamics encapsulates a number of methods, both traditional mesh based and particle based methods for simulating the flow of fluid within a domain. Rain will collect initially on the bridge surface, causing a water film to develop, which will then flow across the bridge surface depending on the interaction between the wind force on the water film and gravity. Details Fee Subtotals Thornton Tomasetti CFD Analysis $ $ 40,000.00 Comments Consultant's Signature Original Contract Fee: $ 370,000.00 Fee far 1lddit�oriat Date: May 24,2021 Owner's Signature Date: �� `�'���1A2,`'''�a'��� Additional Service Request. ��w eFay�'axra� To Lawrence Kline COMPANY Perkins + Will RE ASR-007 FROM Brad Malmsten DATE May 24, 2021 PROJECT NO. K18051.00 FEE TYPE Lump Sum SUB/PRASE No. CFD Study Cc Jose Bofill, Michelle Olender PRCT Sunny Isles Beach Pedestrian Bridge AME ASR DESCRIPTION Drainage Study with CFD Model ASR BACKGROUND & SCOPE Backaround The FOOT review team expressed concern about the potential for water to drain from the bridge structure onto the roadway below. Per FOOT SOG 10.13.13, "Drainage of the superstructure onto the roadway underneath is not allowed.' The bridge design includes gutters on both sides of the walking surface to carry any water away from the roadway below before draining to the ground. The bridge cladding is largely open but includes a curved solid surface above. the walkway to provide shade to occupants. Due to the curvature of the cladding and the openness on the sides of the bridge, the design intent is not for the roof structure to collect any water. Further, any water that does collect is expected to drain to the inside of the bridge, where gutters are provided. During the FOOT review process, the reviewers expressed concern that without a specific drainage system for the roof, there is a chance of rain water draining onto the. roadway underneath. The team agreed to study this through constructing a physical mock-up of a portion of the bridge and testing it for drainage. This proposal proved to cost prohibitive. As an alternative approach, we are proposing using a computer model to simulate the drainage process. Scope Thornton Tomasetti proposes the use of Computational Fluid Dynamics to model a section of the bridge to investigate the impingement of rain on the surface of the pedestrian bridge, and the associated run off. Computational Fluid Dynamics encapsulates a number of methods, both traditional mesh based and particle based Methods for simulating the flow of fluid within domain. Rain will collect initially on the bridge surface, causing a water film to develop, which will then flow across the bridge surface depending on the interaction between the wind force on the water film and gravity. Analysis methods in this work will consider both the incoming wind, rain and associated build up and run off and the associated interactions. This will necessitate a multiphase approach where both air and fluid are considered explicitly within one simulation. We will consider up to 3 incoming rain directions and up to 2 rain conditions (normal and torrential), and assess the buildup of water on the bridge surface and determineif any runoff is captured by the existing canopy (guttering) or Is forced down into the roadway. The intent of this analysis will be to confirm that rain water falling onto the top of the bridge will be collected by the bridge's drainage and guttering system, and to determine how much, if any, rain water falling on the top surface of the bridge should be expected to drip down.to the road below. If the study finds that rain water from the roof of the bridge does make it to the roadway, the study can then be used to help determine appropriate placement of additional guttering systems. Ij2 ASR DESCRIPTION Drainage Study with CFD Model TT's report will document the results of our analysis in a report for distribution to the FDOT, City of Sunny Isles Beach, and the design team. Required Data - All available Revit and preferaly Rhino CAD models - Specification of rainfall rates and angles to be considered - Any specific criteria for acceptability, beyond the above described FEE LUMP SUM FEE: $40,000.00 Expenses Estimate $0.00 TOTAL BUDGET ESTIMATE $40,000.00 Schedule After receiving instruction to proceed and all documentation requested to complete the additional scope of work, we expect that deliverables associate with this additional service will be completed within: 6 weeks CONDITIONS This additional service is governed by all conditions of the basic contract unless specifically stated otherwise herein. LAJ We will begin work on this additional service once formal approval is received ® In consideration of the project schedule, we have begun work on this additional service and will advise client of status of expenditures on a regular basis. We will continue working in good faith without approval for a maximum period of APPROVAL APPROVED BY TITLE COMPANY Perkins + Will DATE 1 201 a rol i;':iAi 1 C e JLY. .'4i5'. . ..,.1'i q:'If�^:F1��:III�,�.)1'1 n Additional Service Request Request # ASR-15 Project Name: Sunny Isles Beach Pedestrian Bridge Date Prepared: Monday, December 21, 2020 Project Number: 810504 Client: City of Sunny Isles Beach 18070 Collins Avenue 4th Floor Sunny Isles Beach, FL 33160 Prepared By: Jose Bofill Attention: Richard Labinsky Contract Summary This Additional Service complies with all terms and conditions found in the Prime Agreement entered into between Perkins+Will and City of Sunny Isles Beach Dated: 4/16/2018 Descriptiort of Work Task 1. Drainage. Modifications to Private Property storm Drainage Task 2. SIB Government Center Water Service Redesign Task 3, On -Site Cvivil Permitting Assistance § DRER Paving and Drainage Plan Review § City of Sunny isles Beach Building Department § City of North Miami Beach Public Works Utility Dry Run- Water Service Relocates Details Fee Subtotals Civil Engineering Kimley Horn Task 1 $ 12,000.00 $ 6,000.00 Task 2 $ 8,000.00 $ 4,000,00 Task 3 .$ 10, 000. 00 $ 51000.00 Comments Consultant's Signature Owner's Signature Original Contract Fee: 370,000.00 Fc {tu Additronat�S�rvieec Date: June 03,2021 Date: City of Sunny Isles .beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Attachment "B" 11 Perkins & Will Architects, Inc. Viavr ,at u`I CONTRACTOR ANTI -BOYCOTT CERTIFICATION [PURSUANT TO FLORIDA STATUTE § 287.1351 I, Ir4 iR half of sAw , Print Name Company Name certifies tha,yw'l 01WO does not: Company Name 1. Participate in a boycott of Israel; and 2. Is not on the Scrutinized Companies that Boycott Israel list; and 3. Is not on the Scrutinized Companies with Activities in Sudan List; and 4. Is not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; and 5. Has not engaged in business operations in Cuba or Syria. Date City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Attachment "C" 12 Perkins & Will Architects, Inc. Florida Statute 448.095 directs all public employers, including municipal governments, to verify the employment eligibility of all new public employees through the U.S. Department of Homeland Security's E- Verify System, and further provides that a public employer may not enter into a contract unless each party to the contract registers with and uses the E-Verify system. Florida Statute 448.095 further provides that if a contractor enters into a contract with a subcontractor, the subcontractor must provide the contractor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. In accordance with Florida Statute 448.095, all contractors doing business with the City of Sunny Isles Beach are required to verify employee eligibility using the E-Verify system for all existing and new employees hired by the contractor during the contract term. Further, the contractor must also require and maintain the statutorily required affidavit of its subcontractors. It is the responsibility of the awarded vendor to ensure compliance with E-Verify requirements (as applicable). To enroll in E-Verify, employers should visit the E-Verify website (https://www.e-verify.gov/employers/enrolling-in-e-verify) and follow the instructions. The contractor must, as usual, retain the 1-9 Forms for inspection. By affixing your signature below you hereby affirm that you will comply with E-Verify requirements. T.sok • S1 D e Print Name Title Federal Employer Identification Number (FEIN) Notary Public Information Sworn to and subscribed before me on this this 2_L_day of -T\.,t 1 �!I 2021. By Lawrekice KI(nQ_ IX\ Is personally known to me ❑ Has produced identification (type of identification produced: nature kf Notary Public rAM _ iDbe.,r 21.2023 "°;1� r M60MOV= Expiration Date