HomeMy WebLinkAboutReso 2022-3332RESOLUTION NO. 2022 --
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH,
FLORIDA, APPROVING A PROJECT AGREEMENT WITH PERKINS+WILL
ARCHITECTS, INC., TO PROVIDE PROFESSIONAL ARCHITECTURAL SERVICES FOR
THE INSTALLATION OF AN EMERGENCY GENERATOR AT GATEWAY PARK, IN AN
AMOUNT NOT TO EXCEED THIRTY-NINE THOUSAND SEVEN HUNDRED DOLLARS
($39,700.00), ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE MAYOR
TO EXECUTE SAID AGREEMENT; AUTHORIZING THE CITY MANAGER TO DO ALL
THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Sunny Isles Beach ("City") is in need of a contractor to install an
emergency generator at Gateway Park ("Porject"); and
WHEREAS, on February 18th, 2021, via Resolution No. 2021-3177, the City Commission
short listed four (4) architectural firms, in response to Request for Qualifications No. 20-07-01
for Continuing Professional Services ("RF(X), pursuant to the Consultants' Competitive
Negotiation Act; and
WHEREAS, the City requested professional architectural services as one of several
disciplines listed in the RFQ; and
WHEREAS, Perkins+Will Architects, Inc. ("Firm") was one of the four (4) firms short
listed to provide professional architectural services ("Services") to the City, and entered into a
Continuing Services Agreement to provide said Services on an as needed basis; and
WHEREAS, after careful review and consideration, the City Manager has determined that
based on relevant experience, qualification, and past performance, the Firm is uniquely
positioned to provide the City with the desired Services for the Project; and
WHEREAS, the Firm has expressed the ability and desire to provide these Services and
has submitted a proposal; and
WHEREAS, the City Commission wishes to enter into a Project Agreement with
Perkins+Will Architects, Inc. to provide professional architectural services for the installation of
an emergency generator at Gateway Park, in an amount not to exceed Thirty -Nine Thousand
Seven Hundred Dollars ($39,700.00), which amount includes Five Thousand Dollars ($5,000.00)
for reimbursable expenses, 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 Project Agreement. The City Commission hereby approves a Project
Agreement with Perkins+Will Architects, Inc. to provide professional architectural services for
the installation of an emergency generator at Gateway Park, in an amount not to exceed Thirty-
@BCL@CCOCOA73.doc Page 1 of 2 369
Four Thousand Seven Hundred Dollars ($39,700.00), which amount includes Five Thousand
Dollars ($5,000.00) for reimbursable expenses, attached hereto as Exhibit "A".
Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute said
Agreement.
Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all
things necessary to effectuate this Resolution.
Cartinn A
ATTEST:
A
Effective Date. This Resolution shall become effective upon adoption.
PASSED AND ADOPTED this 19th day of May 2022.
Mauri( io Betancur, CMC, City Clerk
/Z:��
Dana Robin Goldman, Mayor
APPROVED AS TO FORM
AND LEGAL S flE CIENCY:
` 2c'—
Edward A. Dion, City Attorney
Moved by: Seconded by:
Vote:
Mayor Goldmaniii
(Yes)
(No)
Vice Mayor Viscarra
(Yes)
(No)
Commissioner Joseph
Yes)
(No)
Commissioner Lama(Yes)
(No)
Commissioner Stuyvesant
(Yes)
(No)
@BCL@CCOCOA73.doc Page 2 of 2 370
PROJECT AGREEMENT
Between
THE CITY OF SUNNY ISLES BEACH
And
PERKINS AND WILL, INC.
For
NEW EMERGENCY GENERATOR FOR GATEWAY PARK
Pursuant to the provisions contained in the Continuing Services Agreement between the
City of Sunny Isles Beach ("City") and Perkins & Will, Inc. ("Consultant") for Professional
Architectural Services pursuant to Request for Qualifications No. 20-07-01 (hereinafter referred
to as "Continuing Services Agreement") dated July 13, 2021, this Project Agreement (hereinafter
referred to as "Agreement") authorizes the Consultant to provide the services as set forth below:
SECTION 1 INCORPORATION OF CONTINUING SERVICES AGREEMENT
1.1 All terms and conditions of the Continuing Services Agreement between the City and the
Consultant dated July 13, 2021, not specifically modified by this Agreement shall remain
in full force and effect and are incorporated into and made a part of this Agreement by this
reference as though set forth in full.
SECTION 2 CONSULTANT'S BASIC DUTIES TO CITY
2.1 By executing this Agreement, the Consultant represents to the City that the Consultant is
professionally qualified to act as the Consultant for the Project (hereinafter referred to as
"the Project") and is licensed to practice architecture by all public entities having
jurisdiction over the Consultant and the Project. The Consultant further represents to the
City that the Consultant will maintain all necessary licenses, or other authorizations
necessary to act as Consultant for the Project until Consultant's duties hereunder have been
completed. The Consultant shall be responsible for providing all necessary subconsultants
required for the successful completion of the work as outlined in EXHIBIT "1," Scope of
Services. The Consultant assumes full responsibility to the City for the improper acts,
negligence, and omissions of its subconsultants and of all others employed or retained by
the Consultant in connection with the Project.
2.2 PROGRAM VERIFICATION
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2.2.1 Execution of this Agreement by the Consultant constitutes a representation that the
Consultant has become familiar with the Project site and the local conditions under which
the Project is to be implemented.
2.2.2 The Consultant shall perform a site verification and evaluation to evaluate and confirm
existing conditions of the Project site are in general conformance and suitability for the
Project. Such review shall include but not be limited to a review, examination, and
verification of the documents and information furnished by the City concerning the Project
site with respect to dimensions, clearances, locations, elevations, and the like before
preparing design documents. The Consultant shall be solely responsible for any
inaccuracies or conflicts that might have been detected or avoided by such verification.
2.2.3 The Consultant will execute a substantial review of building codes, zoning, & engineering
regulation in order to ensure that the Project meets applicable building codes.
2.3 CONSTRUCTION DOCUMENTS
2.3.1 The Consultant shall prepare Contract Documents consisting of Drawings and Specifications.
Consultant will describe in detail Project analysis, including but not limited to: quality
levels of materials and systems and other requirements for the Contractor's construction of
the Project .
2.3.2 Consultant shall coordinate Project with City or City's Representative.
2.3.3 Consultant shall prepare documentation of systems and coordination of consultants as to
the structural, mechanical, fire protection, telecommunications, and related equipment of
the Project.
2.3.4 Consultant shall prepare Construction Documents, including but not limited to: floor plans,
plans and description of Project systems; structural, mechanical, and electrical analysis,
interior elevations, millwork profiles, reflected ceiling systems, and lighting for Project.
Consultant shall also prepare reporting as to project materials identification, mechanical
and electrical systems analysis, and other work as required for construction of the Project.
2.3.5 The Consultant shall provide City with five (5) full size copies of plans, including two (2)
Permit Sets signed and sealed by Consultant's sub -consultant, specifications, drawings,
and other documents.
2.3.6 The non-technical documents consisting of the necessary bidding information, General
Conditions of the Contract, including any Supplementary Conditions, proposal and
contract form shall be prepared by City. The Consultant shall review, respond to questions,
and provide the City his comments on these documents. Such documents shall not place
any responsibility or obligation on the Consultant that are not already in this contract.
2.3.7 The Consultant will provide the City with two copies of the documents for each Bid Group,
which shall be properly sealed and forwarded to the Project Director. Copies of the
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Contract Documents for the Consultant's use will be the responsibility of the Consultant.
Upon approval of the Contract Documents, the Consultant will furnish the City with 2
copies of the CADD Documents.
2.3.8 Upon approval by the Project Director for the Contract Documents for each Bid Group, the
Consultant shall furnish to the Contractor printed copies of the Contract Documents or any
permissible form agreed upon by the parties.
2.3.9 The Consultant shall signify his responsibility for the Contract Documents prepared
pursuant to this Agreement by affixing his signature, date and seal thereto as required by
Chapters 471 and 481, Florida Statutes. If the facility being constructed meets the
definition of a threshold building as defined in Chapter 553.71(12), Florida Statutes, then
the Consultant shall insert the following statement on each sheet required by Chapters 471
and 481, Florida Statutes, to be signed, sealed and dated by the Consultant.
To the best of my knowledge, the plans, specifications and addenda comply with the
applicable minimum building codes.
2.3.10 Where this Agreement provides for the City's approval of the Consultant's design
suggestions and decisions, such approval shall not relieve the Consultant of any
responsibility hereunder.
2.3.11 The Consultant, whether utilizing a computer aided design and drafting application
(CADD) or a manual design and drafting technique, shall provide the City with two (2)
sets of CD/DVD files at the conclusion of the Construction Documents phase. The parties
may agree on the format for the files to be produced if a format is not acceptable to either
party.
2.3.12 The electronic files to be delivered under this Agreement contain information to be used
for the production of contract documents for the Project and are provided as an
accommodation to City. The official Contract Documents of record are those printed
documents produced by the Consultant which bear the company seal and signatures. The
electronic files to be delivered under this Agreement are not Contract Documents.
These files were created to supplement the official Contract Documents. Due to the
possibility that files of this nature can be modified, either unintentionally or otherwise, or
that the information contained in these files can be used in a manner for which they were
not originally intended, Consultant makes no representation that the files, after delivery,
will remain an accurate representation of the source date in the Consultant's possession, or
are suitable for any other purpose or use, and all indications of Consultant's (and its
subcontractors, if any) involvement shall be removed from each electronic display and shall
not be included in any prints produced therefrom.
City understands and agrees that the right to use the electronic files provided under the
Agreement is specifically limited to same; Consultant does not have the right to sub -lease
for City's use any software required to access the electronic files, and no such license is
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granted hereby. City acknowledges its responsibility to obtain all hardware and software
needed to access the electronic files.
2.4 PERMITTING, BIDDING, & NEGOTIATION
2.4.1 The Consultant shall acknowledge that the City or City's Representative will administer
the solicitation of bids to prequalified contractors as determined by City.
2.4.2 The Consultant shall provide permit set coordination and project coordination including
but not limited to, staff conferences, provision of bidding/proposal documents,
reproduction of bidding/proposal documents, analysis of alternative bid submissions, pre-
bid conference evaluations, bid proposal review and negotiation meetings.
2.4.3 The Consultant, consulting with the City, shall prepare necessary addenda to each Bid
Group and provide copies of each as appropriate to the Contractor. All addenda, prior to
distribution, shall be approved by the Project Director. Copies of each addendum, properly
sealed, shall be forwarded to the Project Director.
2.4.4 The Consultant shall attend two (2) General Contractor bid review meetings as requested
by City.
2.4.5 The Consultant shall review and respond to questions from bidding contractors and develop
any addenda drawings to address concerns as needed by the City.
2.4.6 The Consultant will assist the Contractor in evaluating all bids received and provide
comment and recommendation to the City on each proposed authorization for work in
connection with the Project.
2.5 CONSTRUCTION ADMINSTRATION
2.5.1 Construction Phase — Administration of the Construction Contract Work under Contract to
Contractor.
2.5.2 The Consultant shall represent the City during construction and shall facilitate all
instructions and other appropriate communications between the City and the Contractor,
which shall be communicated through the Consultant. The Consultant shall act on behalf
of the City only to the extent provided herein and in the Construction Contract.
2.5.3 The Consultant shall act as City's advocate during field observations, Project submittal
review, work modifications, and constructor Payment Applications.
2.5.4 The Consultant shall receive submittals such as Shop Drawings, Product Data and Samples
from the Contractor and shall review and approve or take other appropriate action upon
them, but only for the limited purpose of checking for conformance with the design concept
of the Project and with the information given in the Contract Documents. Review of such
submittals is not for the purpose of determining the accuracy and completeness of other
information such as dimensions, quantities, and installation or performance of equipment
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or systems, which are the Contractor's responsibility. The Consultant's review shall not
constitute approval of safety precautions or, unless otherwise specifically stated by the
Consultant, of any construction means, methods, techniques, sequences or procedures.
Such action shall be taken with reasonable promptness so as to cause no unreasonable
delay. The Consultant's approval of a specific item shall not indicate approval of an
assembly of which the item is a component. The review period shall be within two (2)
weeks per submission. Field modifications due to design flaws shall not be charged to the
City.
2.5.5 The Consultant shall obtain permits from all required agencies for the Project.
2.5.6 The Consultant shall provide periodic Construction Administration visits to the site to
become generally familiar with the progress and the general quality of the Work and to
determine in general if the Work is proceeding in accordance with the Contract Documents.
On the basis of such on-site observations of the Consultant, the Consultant shall keep the
City informed of the progress and the general quality of the Work, and shall endeavor to
guard the City against defects and deficiencies observed in the Work of the Contractor.
2.5.7 The Consultant shall provide City with five (5) full size copies of plans, including two (2)
Permit Sets signed and sealed by Consultant's sub -consultant, specifications, drawings,
and other documents.
2.5.8 Construction Administration visits shall be a one (1) visit every two (2) weeks, unless
modified by City and Consultant, for the duration of the construction/fabrication period
and up to six (6) months. Consultant shall include one (1) Punch List review during the
Construction Administration phase of Project.
2.5.9 The Consultant shall provide construction meetings on site with City's Representative,
Consultant & Contractor (OAC Meetings) no later than every four (4) days after reporting.
2.5.10 Unless otherwise provided in this Agreement and incorporated in the Contract Documents,
the Consultant shall provide administration for the Construction Contract as set forth below
and in the Conditions of the Contracts for Construction, as developed by the Contractor
with the approval of the Consultant and City.
2.5.11 The Consultant shall not have control or charge of and shall not be responsible for
construction means, methods, techniques, sequences or procedures, or for safety
precautions and programs in connection with the Work, for acts or omissions of the
Contractor, subcontractor or any other persons performing any of the Work, or for failure
of any of them to carry out the Work in accordance with the Contract Documents. The
Consultant shall not be responsible for the Contractor. The Consultant shall at all times
have access to the Work wherever it is in preparation or progress.
2.5.12 Based on the Consultant's observations at the site, the recommendations of the Contractor
and an evaluation of the Application for Payment, the Consultant shall determine the
amounts owing to the Contractor and shall issue a Certificate of Payment in such amounts,
as provided in the Contract Documents.
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2.5.13 The issuance of a Certificate for Payment shall constitute a representation by the Consultant
to the City, based on the Consultant's observation at the site and on the data comprising
the Application for Payment that Work has progressed to the point indicated; that, to the
best of the Consultant's knowledge, information and belief, the quality of Work is in
accordance with the Contract Documents (subject to an evaluation of Work for
conformance with the Contract Documents upon Substantial Completion, to the results or
any subsequent tests required by or performed under the Contract Documents, to minor
deviations from the Contract Documents correctable prior to completion, and to any
specific qualifications stated in the Project Certificate for Payment); and that the Contractor
is entitled to payment in the amount certified. However, the issuance of a Certificate for
Payment shall not be a representation that the Consultant has made any examination to
ascertain how or for what purpose the Contractor has used the monies paid on account of
the Contract Sum.
2.5.14 Should disagreement occur between the Contractor and Consultant over acceptability of
work and conformance with the requirements of the specifications and plans, the Project
Director shall be the final judge of performance and acceptability.
2.5.15 All interpretations and decisions of the Consultant shall be consistent with the intent of,
and reasonably inferable from, the Contract Documents, and shall be in writing or in
graphic form.
2.5.16 The Consultant's decision with the consent of City in matters relating to artistic effect shall
be final if consistent with the intent of the Contract Documents. The Consultant's decisions
on any other claims, disputes or other matters, including those in question between the City
and the Contractor, shall be subject to claims provisions provided in this Agreement and in
the Contract Documents.
2.5.17 The Consultant shall recommend to the City to reject work, which does not conform to the
Contract Documents. Whenever, in the Consultant's reasonable opinion, it is necessary or
advisable to insure conformance with the provisions of the Contract Documents, the
Consultant shall have authority to require special inspection or testing of Work in
accordance with the provisions of the Contract Documents, whether or not such work be
then fabricated, installed or completed; but the Consultant shall take such action only after
consultation with the Contractor and City.
2.5.18 If the Contract Documents specifically require the Contractor to provide professional
design services or certifications by a design professional related to systems, materials or
equipment, the Consultant shall specify the appropriate performance and design criteria
that such services must satisfy. The Consultant shall review Shop Drawings and other
submittals related to the Work designed or certified by the design professional retained by
the Contractor that bear such professional's seal and signature when submitted to the
Consultant. The Consultant shall be entitled to rely upon the adequacy, accuracy and
completeness of the services, certifications and approvals performed or provided by such
design professionals.
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2.5.19 The Consultant shall review and approve or take other appropriate action on Change Orders
prepared by the Contractor for the City's authorization in accordance with the Contract
Documents.
2.5.20 The Consultant shall have authority to order minor changes in Work not involving an
adjustment in a Contract Sum or an extension of a Contract Time and which are not
inconsistent with the intent of the Contract Documents. Such changes shall be effected by
written order issued to the Contractor endorsed by the Project Director.
2.5.21 The Consultant, assisted by the Contractor, shall conduct inspections to determine the dates
of substantial completion and final completion and shall issue appropriate Certificates.
2.5.22 The Consultant shall assist the Contractor in receiving and forwarding to the City written
warranties and related documents assembled by the Contractor.
2.5.23 The extent of the duties, responsibilities and limitations of authority of the Consultant as a
representative of the City during construction shall not be modified or extended without
the written consent of the Consultant and the City.
2.6 ADDITIONAL SERVICES
The following services of the Consultant are not included in Sections 2.3 through 2.5, nor
in EXHIBIT "1," Scope of Services. Nevertheless, the Consultant shall provide such
services as related to the Project if authorized in writing by the City prior to the
performance or furnishing of same, and, unless otherwise specified in this Agreement, said
services shall be paid for by the City as provided hereinafter.
2.6.1 Making revisions in drawings, specifications or other documents when such revisions are
inconsistent with written direction by the City previously given, are required by the
enactment or revision of codes, laws or regulations subsequent to the preparation of such
documents and not reasonably anticipated, or are due to other causes not within the control
or responsibility of the Consultant, either in whole or in part.
2.6.2 Preparing drawings, specifications and supporting data in connection with Change Orders,
provided that such Change Orders are issued by the City due to causes not within the
control or responsibility of the Consultant, either in whole or in part.
2.6.3 Providing services concerning repair or replacement of work damaged by fire or other
cause during construction provided that such services are required by causes not the
responsibility of the Consultant, either in whole or in part.
2.6.4 Providing services made necessary solely by the default of the Contractor or defects or
deficiencies in the work of the Contractor.
2.7 SERVICE SCHEDULE
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2.7.1 The Consultant shall perform its services expeditiously. Within fifteen (15) days of the
full execution of this Agreement, the Consultant shall submit for the City's approval a
schedule for the performance for the Consultant's services that shall include allowance for
time required for the City's review of submissions and for approvals of authorities having
jurisdiction over the Project. The City shall review and approve or reject any schedules
submitted by the Consultant within five (5) working days of said submittal. The final
approved schedule shall become EXHIBIT "3" to this Agreement. If, in the event that
construction of the Project is suspended for more than thirty (30) days, the Consultant shall
also suspend Construction Administration Services upon request of City. Any time spent
on the Project at the request of the City or on the City's behalf during this suspension shall
be additional services and shall be paid based on the Standard Hourly Rates attached to this
Agreement as EXHIBIT "2" . The reasonable term of construction upon which the fees
for Construction Administration Services in this Agreement are based, shall be extended
to include the period of construction suspension. This schedule, when approved by the
City, shall not, except for cause, be exceeded by the Consultant. In the event the City
rejects any schedules submitted by the Consultant, the Consultant shall submit a revised
schedule within forty-eight (48) hours of said rejection. Submission of a schedule
acceptable to the City and to which the City makes no objection shall be a condition
precedent for any payment to the Consultant.
2.7.2 Upon receipt of the Notification of Commencement and the fully executed Purchase Order,
the Consultant shall commence services to the City on the Commencement Date, and shall
continuously perform services to the City, without interruption, in accordance with the time
frames set forth in the Project Schedule, a copy of which will be attached and incorporated
into this Agreement as EXHIBIT "3" as set forth in Section 2.7.1, above. The number of
calendar days from the Commencement Date, through the date set forth in the Project
Schedule for completion of the Project or the date of actual completion of the Project,
which ever shall last occur, shall constitute the Contract Time.
2.7.3 No Damages for Delay: The Consultant shall not be entitled to any claim for damages
including, but not limited to, loss of profits, loss of use, home office overhead expenses,
equipment rental and similar costs on account of delays in the progress of the Project from
any cause or national disaster or emergency, unusual delay in deliveries, unusual delay in
procuring permits, differing site conditions, unavoidable casualties or other cause beyond
the Consultant's control, or by delay authorized by the City, or by other causes which the
Consultant determines may justify delay. The Consultant's sole recovery and remedy for
any such delay shall be a reasonable extension of time and a revision to the Project
Schedule as determined by the City. However, additional costs to the Consultant or delays
in the Consultant's performance caused by improperly timed activities shall not be the basis
for granting a time extension. If the Consultant wishes to make a claim for an increase in
time of performance, written notice of such claim shall be made to the City within three
(3) working days after the occurrence of the event, or the first appearance of the condition
giving rise to such claim. The City's representative shall determine whether the Consultant
is entitled to a time extension for the delay. The failure of the Consultant to give such
notice shall constitute a waiver of any claim under this section.
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2.7.4 Notwithstanding the provisions of Subparagraph 2.7.3, in the event that the Contractor fails
to substantially complete the Project on or before the Substantial Completion date specified
in the Construction Contract or the Contractor is granted an extension of the time to
complete performance under the Construction Contract and the Consultant's Contract
Administration Services are materially extended by the City as a direct result thereof and
through no fault of the Consultant, the Consultant shall be entitled to additional
compensation at the rates shown in attached EXHIBIT "2". The amount of compensation
due by the Consultant under this Subparagraph shall be pursuant to approved written
Amendment to this Agreement.
2.8 PERSONNEL
2.8.1 The Consultant shall assign only qualified personnel to perform any service concerning the
Project. At the time of execution of this Agreement, the parties anticipate that the following
named individuals will perform those supervisory or primary functions indicated:
NAME FUNCTION
Jose Bofill Associate Principal
So long as the individuals named above remain actively employed or retained by the
Consultant, they shall perform the functions indicated next to their names. Furthermore,
the City reserves the right to reject any proposed substitution for any of the above named
individuals, and the City shall have the further right to require that any individual assigned
to the Project by the Consultant be removed from the Project and reassigned for good cause.
SECTION 3 CITY'S BASIC DUTIES TO CONSULTANT
3.1 The City shall provide the Consultant with adequate information regarding the City's
requirements for the Project including any desired or required design or construction
schedule, or both, and any budgetary requirements including fixed limit of construction
cost, prior to the start of the Construction Documents Phase of design, upon which the
Consultant shall be entitled to rely.
3.2 The City shall review any documents submitted by the Consultant requiring the City's
decision, and shall render any required decision pertaining thereto in a timely fashion.
3.3 The City shall furnish structural, mechanical, chemical and other laboratory tests,
inspections and reports as required by law or the Construction Contract.
3.4 If the City becomes aware of any fault or defect in the Project, nonconformance with
the Construction Contract, or of any errors, omissions or inconsistencies in the
drawings or specifications, prompt notice thereof shall be given by the City to the
Consultant.
3.5 The City shall perform those duties set forth in Sections 3.1 through 3.4 as
expeditiously as may reasonably be necessary for the orderly progress of the
Consultant's services and of the work.
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3.6 The City's review of any documents prepared by the Consultant or its subconsultants
shall be solely for the purpose of determining whether such documents are generally
consistent with the City's construction program and intent. No review of such
documents shall relieve the Consultant of its responsibility for the accuracy, adequacy,
fitness, suitability and coordination of its work product.
SECTION 4 CONSTRUCTION COSTS
4.1 If the cost of construction exceeds the cost agreed upon by the City by more than 5%
of the lowest bona fide bid or negotiated proposal, the City may (1) give written
approval of an increase in such fixed limit, (2) authorize rebidding or renegotiating of
the Project, (3) terminate the Project and this Agreement in accordance herewith, or (4)
cooperate in revising the Project scope or quality, or both, as required to reduce the
construction cost. In the case of (4), the Consultant, without additional charge to the
City, shall consult with the City and shall revise and modify the drawings and
specifications as necessary to achieve compliance with the cost agreed upon by the
City. Absent negligence on the part of the Consultant in making its estimates of probable
construction cost, providing such modifications and revisions shall be the limit of the
Consultant's responsibility arising from the establishment of such construction costs,
and having done so, the Consultant shall be entitled to compensation for all other
services performed, in accordance with this Agreement.
SECTION 5 BASIS OF COMPENSATION
5.1 The City shall compensate the Consultant for an amount not to exceed $34,700.00, based
on services rendered pursuant to Sections 2.3 through 2.5 and EXHIBIT 111," Scope of
Services, of this Agreement by allocating the estimated percentage of work for each of the
phases set forth in Section 5.2. Billings for each phase shall not exceed the amount
allocated to each phase.
5.2 Payment to the Consultant of the sum set forth in Section 5.1 shall be allocated based on
the following tasks:
Architecture ..............................
$5,000.00
Structure........................................................................................................ $2,500.00
Engineering Services...............................................................................................
Design............................................................................................. $18,500.00
Permitting.........................................................................................$ 1,100.00
Bidding............................................................................................. $ 1,100.00
Construction Administration............................................................ $ 6,500.00
5.3 Additional services of the Consultant as described in Section 2.6, if any, shall be
compensated as follows:
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See EXHIBIT "2" of this Agreement "Fee Schedule" —
5.4 Reimbursable Expenses as defined in Section 6 shall be reimbursed to the Consultant by
the City as provided in Section 6.
5.5 If the scope of the Consultant's services are changed materially through no fault of the
Consultant, compensation due to the Consultant shall be equitably adjusted, either upward
or downward.
SECTION 6 BILLING AND PAYMENTS TO CONSULTANT
6.1 Billing by the Consultant shall be in accordance with EXHIBIT "2" of this Agreement.
Payments to the Consultant shall also be in accordance with EXHIBIT "F" of the
Continuing Services Agreement and EXHIBIT "2" of this Agreement.
6.2 REIMBURSABLE EXPENSES
6.2.1 Reimbursable Expenses shall mean expenses incurred by the Consultant and
Consultant's subconsultants in the interest of the Project, as follows:
Not to exceed $5,000.00 without prior written authorization by the City.
6.2.1.1 Reasonable expenses of: mileage reimbursement in accordance with Chapter 112,
Florida Statutes; fees paid for securing approval of authorities having jurisdiction over
the Project; actual cost of reproduction, postage and handling of drawings,
specifications and other documents; renderings, models and mock-ups requested by the
City; additional insurance coverage or limits, including professional liability insurance,
requested by the City in excess of that required in the Request For Qualifications. The
Consultant shall only be reimbursed for the direct cost of the item without additional
mark-up. Costs for meals, snacks, and beverages are not considered a reimbursable
expense.
SECTION 7 TERM
7.1 This Agreement shall commence on the date this instrument is fully executed by all parties
and shall continue in full force and effect for 365 days, unless otherwise terminated
pursuant to Section 8.1 or 8.2, or other applicable sections of this Agreement. The City's
City Manager, in his sole discretion, may extend the term of this Project Agreement
through written notification to the Consultant.
SECTION 8 TERMINATION
8.1 TERMINATION FOR CAUSE
8.1.1 This Agreement maybe terminated by either party upon seven (7) days' written notice
to the other should such other party fail substantially to perform in accordance with its
material terms through no fault of the party initiating the termination. In the event of a
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termination for cause, the Consultant shall be entitled to receive compensation for any
work completed pursuant to the Agreement to the satisfaction of the City through the
date of termination, less any amounts which the City reasonably deems necessary to
withhold in order to correct any defects or deficiencies in the work performed by the
Consultant. In no event shall the City pay for profit or overhead on work not performed.
8.2 TERMINATION FOR CONVENIENCE
8.2.1 This Agreement may be terminated by the City without cause upon ten (10) days'
written notice to the Consultant. In the event of such a termination without cause, the
Consultant shall be compensated for all services completed pursuant to this Agreement
to the satisfaction of the City up to and through the date of termination, together with
Reimbursable Expenses incurred. In such event, the Consultant shall promptly submit
to the City its invoice for final payment and reimbursement which invoice shall comply
with the provisions of Section 2.5 of EXHIBIT "F" of the Continuing Services
Agreement.
8.2.2 Under no circumstances shall the City make payment of profit or overhead for work
that has not been performed. Additionally, the City shall not make payment for the
following items:
8.2.2.1 Anticipated profits or fees to be earned on completed portions of the work;
8.2.2.2 Consequential damages;
8.2.2.3 Costs incurred in respect to materials, equipment or services purchased or work done
in excess of reasonable quantitative requirements of this Agreement;
8.2.2.4 Expenses of Consultant due to the failure of Consultant or its subconsultants to
discontinue the work with reasonable promptness after notice of termination has been
given to the Consultant; and
8.2.2.5 Losses upon other contracts or from sales or exchanges of capital assets or Internal
Revenue Code Section 1231 assets.
8.2.2.6 Damage or loss caused by delay.
8.3 Assignment Upon Termination. Upon termination of this Agreement, the work product
of the Consultant shall become the property of the City and the Consultant shall within ten
(10) working days of receipt of written direction from the City, transfer to either the City
or its authorized designee, all work product in its possession, including but not limited to,
designs, specifications, drawings, studies, reports and all other documents and data in the
possession of the Consultant pertaining to this Agreement. Upon the City's request, the
Consultant shall additionally assign its rights, title and interest under any subcontractor's
agreements to the City. All work product provided under this Section shall be used solely
for its intended purpose.
382
SECTION 9 SEVERABILITY
9.1 If any term or provision of this Agreement or its application thereof to any person or
circumstance shall, to any extent, be held invalid or unenforceable, the remainder of this
Agreement or the application of such terms or provisions to persons or circumstances other
than those to which it is held invalid or unenforceable, shall not be affected, and every
other term and provision of this Agreement shall be deemed valid and enforceable to the
extent permitted by law.
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement
on the respective dates under each signature: the City, signing by and through its Mayor, attested
to by its City Clerk, duly authorized to execute same and by Perkins & Will, Inc, signing by and
through its duly authorized to execute same.
CITY
CITY OF SUNNY ISLES BEACH, FLORIDA
By: 4—=
Dana Robin Goldman
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Approved as to form for the City:
Edward A. Dion, City Attorney
By: 01-& 9
Edward A. Dion
City Attorney
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Perkins&Will
Additional Service Request
Request # ASR -08
Project Name: Sunny Isles Beach Gateway Park Prepared By: Jose Bofill
Date Prepared: Monday, April 25, 2022
Project Number: 810495
Client: City of Sunny Isles Beach
Attention: Richard Labinsky
18070 Collins Avenue
4th Floor
Sunny Isles Beach, FL 33160
Contract Summary
This Additional Service complies with all terms and conditions found in the Continuing Services
Agreement between the
City of Sunny Isles Beach and Perkins&Will
Dated: 07-13-2021 -
Description of Work
Emergency Generator
Details Consultant Scope Fee:
Subtotals
Architecture Perkins&Will Design Coordination, CD's and CA
$ 5,000.00
Structure Thornton Tomasetti, Conc.Slab on Grade Design, CD's and CA
$ 2,500.00
MEP BR+A, Electrical Engineering, Plumbing Engineering, CD's and CA
$ 27,200.00
Comments
Original Contract Fee:
-
Consultant's Signature
Owner's Signature
Date: April, 25,2022
Date:
385
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April 14, 2022
Larry Kline
Managing Director, Principal
Perkins + Will
2800 Ponce De Leon Blvd, Ste 1300
Coral Gables, FL 33134
RE: ENGINEERING PROPOSAL
New Emergency Generator
SIB Gateway Park
Dear Larry,
BR+A CONSULTING ENGINEERS
2600 Douglas Road, Suite 1100
Coral Gables, FL 33134
305.529.1515
brplusa.com
via Email
BR+A Consulting Engineers is providing this proposal for the new emergency generator at SIB
Gateway Park, located in Sunny Isles Beach, FL. We are pleased to submit this Proposal to
provide the following Engineering Services (herein referred to as "Engineered Systems").
• Electrical Engineering
• Plumbing Engineering
• Construction Administration (CA) for the above Engineered Systems.
ASSUMPTIONS
• Provide a new exterior, housed, natural gas powered emergency generator to power the
entire facility as described in notes 5 & 6, page 4 of 8 of the August 22, 2019 meeting notes
(see attached).
• This proposal is based on the following project design deliverables:
o Construction Documents
o Construction Administration
SCOPE OF WORK
BR+A's scope of services will include the following:
1. Provide engineered systems and construction documents for the new emergency generator
at SIB Gateway park based on recorded demand loads from utility billings and new interior
finish out demand loads. We've assumed that we will provide a single bid package. Sub-
contractor reviews, RFIs, and submittals shall be processed as a single project.
2. Our new work documents will be produced using Revit 2018.
3. The engineered systems will be designed using good engineering practices for the selection
of materials, equipment sizes and arrangements, space requirements and appropriate
construction details that will allow servicing the systems.
4. Coordinate with the other team consultants, including consultants engaged by the owner or
your office such as civil, structural, geotechnical, landscape, code, acoustical, and security.
386
MIN
5. Participate in one (1) meeting with representatives of the city to review the project development of the projects
design and the implementation of the agreed upon engineered systems. At the meeting attended by members of
the BR+A team we will provide meeting notes for issues related to engineered systems via email for you to include
in your meeting notes. We have based our fee upon the following number of meetings one (1) maximum.
6. Engineered systems specifications will be provided as part of our engineering services. The specifications shall be
on the drawings (no book specs).
7. During the Bid / Negotiation Phase we will assist the CM team with:
A. Preparation of permitting materials for Agencies Having Jurisdiction (AHJ) reviews.
8. During the Construction phase we will:
A. Visit the site, up to two (2) meetings maximum including participation in onsite coordination meetings.
B. Review shop drawings, product data and samples submitted by the contractors.
C. Generate punch lists on an on-going basis ("rolling" punch lists).
9. Preparation of record drawings.
ELECTRICAL/PLUMBING DESIGN DELIVERABLES
1. Construction Documents Phase
Electrical / Plumbing Documents submitted for construction.
Electrical / Plumbing Specifications suitable for construction.
WORK NOT INCLUDED / EXCLUSIONS
1. Upgrading of any existing infrastructure systems, other than those mentioned above.
2. Preparation of as -built existing condition drawings, the owner shall provide as -built drawings. Field verification and
documentation of engineered systems is not included.
3. Civil and Site Engineering, site utilities (water, sewer, storm, gas, electric, etc.) to be provided by the Civil Engineer.
The above services from the generator to the distribution equipment will be included in our Basic Engineering
Services. Relocation of existing utilities in the way of the new generator's footprint are assumed to be done by
others.
4. Acoustical and vibration analysis is excluded; however, the implementation of that Consultant's recommendations
is included.
5. Cost Estimating.
6. Preparation of more than one bid package.
7. Preparation of equipment pre -purchase drawings and specifications.
8. Wind Tunnel testing, CFD modeling and / or computational simulation, such as for smoke evacuation, outside air
intakes and exhaust locations. However, work associated with interpretation of data and / or assistance to the
wind consultant, if a wind consultant is needed for this project, with understanding of the building systems, is
included, as well as implementation of the Wind Consultants recommendations.
9. Environmental impact statement, engineering, analysis and recommendations for remedial work associated with
air intakes, exhaust stacks, etc. (IAQ investigation of Intakes / exhausts, Wind Studies, etc.).
10. Any physical testing or the taking of air, water, steam or gas flow readings for the purpose of establishing existing
capacities of any existing equipment, infrastructure and / or system.
11. Air or water quality analysis, wind dispersion modeling or permitting that might be required for stack and/or waste
emissions. We also exclude any tests or design associated with scrubbers, filters or air cleansing equipment
associated with any emissions, stacks or flumes associated with any discharge from the project.
BR+A CONSULTING ENGINEERS RE: Emergency Generator / April 14, 2022, Page 2 of 4 387
B -RA
12. Structural, Civil, or Architectural design of any component used to support mechanical/ electrical equipment.
13. Building commissioning services.
14. Lightning protection calculations.
15. Preparation of an engineered systems code analysis.
16. Witness field testing of equipment such as fire pumps, hydrant flow tests, AHUs, and exhaust systems.
17. Factory witness testing of equipment for switchgear, generators, and other equipment.
18. Electrical load reading (provided by owner)
19. Design of process piping systems.
20. Attendance at weekly 0/A/C meetings.
PROPOSED FEE (LUMP SUM)
We propose to provide Professional Engineering Services for the aforementioned scope of work as follows:
Design
TOTALservice
$18.500
Permitting
$1,100
Bidding
$1,100
Construction Administration
$6,500
Total $27,200
Lump Sum Fee for Engineering and Construction Administration $27,200 (Twenty -seven -Thousand- Two- Hundred
Dollars)
Invoicing will be made monthly on a percentage of completion basis.
REIMBURSABLE EXPENSES
Reimbursable expenses are not included in our total fee and would be invoiced at 1.00 times out-of-pocket
expenditures, such as the following:
• Printing and reproduction costs.
Delivery services.
Invoicing will be made monthly on a percentage of completion basis.
STANDARD OF CARE
Our services will be performed by appropriately qualified, experienced, and trained staff and by or under the responsible
control and/or supervision of appropriately licensed professional engineers. We will perform our services in
accordance with the degree of skill and care exercised by professional firms performing services similar to those of this
proposal under similar conditions.
We appreciate the opportunity to be of service to you. We are available to discuss our scope of work and proposal at
your convenience. Should you have any questions or comments, please feel free to contact us.
BR+A CONSULTING ENGINEERS RE: Emergency Generator / April 14, 2022, Page 3 of 4 388
4. Reference Map for Notes Only
• Below is for reference only.
WEST
SOUTH
5. Natural Gas Generator
• The Gateway Park will have a natural gas generator and not diesel.
• The City Manager would like the Gateway Park capable of servicing the City in any
future catastrophic events, such as hurricanes or tropical storms, that would leave
the City without electricity.
• This decision was confirmed at today's meeting by the City Manager.
• Gateway Park will have a natural gas generator that will be able to power the entire
building in ease of a massive power outage due to storms etc.
• Rick will get with Perkins & Will to develop the CO/PO for additional services for
design.
6. Generator (Size and Location)
• The City Manager would like to ensure the location of the generator will not infringe
the quality of life to the neighbors north of the generator location.
o Sound test may be needed.
• The generator must be large enough to power the entire building.
• Rick will provide Glen with the vendors he has been in communications with.
• Glen will get the specs for cost etc.
• Discussions as to the final location of the generator is open, however, the location
Page 4 of 8
389
most likely, will be on the north side of the park, on the outside of the building. A
slab will be needed and possible two trees re -located.
• This is still open for discussion, `no final decision'.
• See photo below for reference.
7. A/C Units
• Currently the Gateway Park building has 8 A/C units.
• 4 Units will stay during construction of the cement floor, and 4 will be dismantled
and placed in front the building/staging zone.
• Richard, from US Mechanical, will coordinate with .Rick when be, is ready to
dismantle the 4 A/C units.
• Rick will give Fabricio enough notice to have a Public Works truck and crew to pick
up the 4 units.
• Public Works crew will pick-up the 4 units and store them at the PW trailer until these
units are sold on GovDeals website.
• Nunez will replace any A/C air filters on the units being used during construction.
8. Cost Control
• As discussed last week, Nunez will provide a suggested list of `big-ticket items' for
the City to consider for DPO.
• The items agreed upon will be entered on to a change order for a deduction.
Page 5 of 8
390
Very truly yours,
BR+A CONSULTING ENGINEERS
d:u
Marco DiRenzo
Principal
c: JRR, GC, Proposal File
The Above Proposal is Accepted and Approved by:
For (Perkins + Will)
Title
Date
a -R"+,*\
V:\MKTG\PURSUITS\SUNNY ISLES BEACH\FEE LETTERS\SIB EMERGENCY GENERATOR_JRR20190828.DOCX
BR+A CONSULTING ENGINEERS RE: Emergency Generator / April 14, 2022, Page 4 of 4 391
Perkins&Will
2.020BILLABLE RATES For additional services requested by Client If agreed hourly.
Classification
BillableRate*
Principal
$325.00
Associate Principal
$290.00
Senior Project Manager
$220,0+0
Project (Manager 1
$200.00
Senior Project Designer
$220.00
Project Designer
$160.00
Senior Project Architect/ID/LA
$200.00
ProjectArchitect/lD
$160,00
Senior Technical Coordinator
$140.00
Technical Coordinator
$160.00
Arch/Ili I/LAI
$100,00
Arch/ID II/L+A II
$120.00
Arch/Ia I I1/LA II I
$130.00
Intern / Other
$1010.00
Administrative/Clerical
$ 85.00
REIMBURSABLE EXPENSES
Reimbursable expenses include expenses incurred by Perkins+Wv1l and consultants Wotedto a specific Project, as Went iRed Wow,
Transportot ion, travel costs, out of town meals in connection with a specific Prood
Reproductbns, plats, postage, handling and delivery of lnstrUM0ntS OfSerOW, courier sarvIce, Ft dot, etc.
Models, photoreal[stic renderings or mock-ups requested
The compensation for reimbursable expenses shall be computed as a multiplier of (l,lp) times the expenses incurred by Perkins&Wiil
and consultants_
*Rates will not ina7eaase until Aorll 1, 2422 and'such Increase shall not exceed 5X
2800 Ponce Dar Leon Boulevard, Suite 1300
Coral Gabler, Florida 33TS4
w"perkinw itcom
392
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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: Stan Morris, City Manager
FROM: Rick Labinsky, P.E., City Engineer
DATE: May 19, 2022
RE: Approval of Agreement with Perkins+Will Architects, Inc. for Professiona
Architectural Services for Installation of an Emergency Generator at Gateway
Park
RECOMMENDATION:
Staff recommends approval of this Resolution.
REASONS:
The City of Sunny Isles Beach desires to install an emergency generator at the Gateway Park Center tc
insure the operation of the facility during power outages. Perkins & Will has completed the design for
the recent center build out and has the team in place to best provide these services. The proposed
cost is $39,700.00.
FUNDING SOURCE:
Funds have been appropriated in account no. 300-6-5720-465000-15001.
ATTACHMENTS:
Resolution
Agreement
Item Number: 101
368