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HomeMy WebLinkAboutReso 2022-3438RESOLUTION NO. 2022 - A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING A FIRST AMENDMENT TO THE PROJECT AGREEMENT WITH PERKINS+WILL ARCHITECTS, INC. TO PROVIDE ADDITIONAL PROFESSIONAL ARCHITECTURAL SERVICES FOR THE INSTALLATION OF AN EMERGENCY GENERATOR AT GATEWAY PARK, IN AN AMOUNT NOT TO EXCEED FIVE THOUSAND TWO HUNDRED DOLLARS ($5,200.00), 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, on May 19th, 2022, via Resolution No. 2022-3332, the City Commission of the City of Sunny Isles Beach ("City") approved a Project Agreement with Perkin+Will Architects, Inc. ("Firm") to provide professional architectural services for the installation of an emergency generator at Gateway Park ("Project"), in an amount not to exceed $39,700.00; and WHEREAS, prior to the completion of the Project, an assessment of the current slab is needed to ensure the adequacy of the installation of the generator ("Additional Services"); and WHEREAS, the Firm has submitted a quote for these Additional Services not included in the Scope of Services of the original Agreement, in the amount of $5,200.00; and WHEREAS, the City Commission wishes to approve a First Amendment to the Project Agreement with Perkins+Will Architects, Inc. to provide additional professional services for the installation of an emergency generator at Gateway Park, in an amount not to exceed Five Thousand Two Hundred Dollars ($5,200.00), bringing the total contract amount not to exceed Thirty -Nine Thousand Seven Hundred Dollars ($44,900.00), 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 Project Agreement. The City Commission hereby approves First Amendment to the Project Agreement with Perkins+Will Architects, Inc. to provide Additional Services related to the installation of an emergency generator at Gateway Park, in an amount not to exceed Five Thousand Two Hundred Dollars ($5,200.00), bringing the total contract amount not to exceed Forty -Four Thousand Nine Hundred Dollars ($44,900.00), attached hereto as Exhibit "A". Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute said Amendment. Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate this Resolution. R2022 First Amend w Perkins and Will for Generator at GW Page 1 of 2 Section 4. A' Maurtio Beta Vote: Effective Date. This Resolution shall become effective upon adoption. PASSED AND ADOPTED this 17th day of November 2022. Dana Robin Goldman, Mayor APPROVED AS TO FORM AUQ LEGAL FICIENCY: CMC, City Clerk \'�dward A. Dion, City Attorney asqomp--�,"01 �="I. Ill. I —A"i Mayor Goldman —174 Yes) (No) Vice Mayor Viscarra (Yes) (No) Commissioner Joseph �,(((Yyes) (No) Commissioner Lama _ ✓�, , _ es) (No) Commissioner Stuyvesant (Yes) (No) R2022 First Amend w Perkins and Will for Generator at GW Page 2 of 2 p1NY fy '\ FIRST AMENDMENT TO THE PROJECT AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH AND PERKINS AND WILL, INC. FOR NEW EMERGENCY GENERATOR FOR GATEWAY PARK This First Amendment to the Project Agreement between the CITY OF S SLES BEACH ("City") and PERKINS AND WILL, INC. ("Consultant"), executed this of 2022, is made a part of the original Project Agreement ("Project Agreement") dated June 1, 2022, between the City and Consultant, a copy of which is attached hereto as Attachment "A". The City and Consultant hereby agree as follows: 1. AMENDMENT TO EXHIBIT "1" TO PROVIDE FOR ADDITIONAL SCOPE OF SERVICES. Exhibit "1" attached to the Project Agreement is hereby amended by adding the scope of services attached hereto as Attachment `B". 2. AMENDING COMPENSATION. The Parties hereby agree to amend Section 5 of the Project Agreement, titled "Basis of Compensation," to provide compensation for the additional scope of services described in Attachment `B" in an amount not to exceed Five Thousand Two Hundred Dollars ($5,200.00): Except as otherwise set forth herein, all other terms and conditions of Section 5 shall remain in full force and effect. 3. OTHER PROVISIONS REMAIN IN EFFECT. Except as specifically modified herein, all terms and conditions of the Project Agreement between the parties dated June 1, 2022, shall remain in full force and effect. 4. CONFLICTING PROVISIONS. The terms, statements, requirements, or provisions contained in this First Amendment shall prevail and be given superior effect and priority over any conflicting or inconsistent terms, statements, requirements or provisions contained in any other document or attachment, including but not limited to Attachment "A", and `B". IN WITNESS WHEREOF, the parties hereto have executed this First Amendment as of the date mentioned above. Print Name Print Name, As its "401 %poiftoodonwo [ADDITIONAL SIGNATURE PAGE TO FOLLOW] ATT CITY OF SUNN ISLES BEACH BY: Dana Robin Goldman, Mayor APPROVED AS TO FORM AND LEGAI(iFFICWACV') BY: and A. Dion, City Attorney 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 371 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 372 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 sublease for City's use any software required to access -the electronic files, and no such license is 373 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 continent 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 374 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 constructionlfabrication 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. 375 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. 376 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 377 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. 378 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. 379 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 4CONSTRUCTION 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 "1," 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 EngineeringServices............................................................................................... 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: 380 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 381 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; 8.2.2.4Expenses 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: D 2*,1 ana Robin Goldman day of )2022. AUT NTI AT N: � a City�erk Mauric o Betanc r (SEAL) Approved as to form for the City: Edward A. Dion, City Attorney By: 01-& 9, Edward A. Dion City Attorney 383 AUTHENTICATE: I Se retary-7 �— ,11�SS-e C etkwt) a Please type name of Secretary _j___ day of ej ,, 201000 (CORPORATE SEAL) TNESSES: a r(1QIrM�1 ''�6ond®d'Odtw 9,2 384 9L199 @ NVITPAY, INc. S T R UC T U R A L E N G I N E E R 5 Date August 23, 2022 To Perkins&Will Project Description & Scope of Services • buildingstrength Fee Proposal for Structural Engineering Services Reference Gateway Park 151 Sunny Isles Blvd Sunny Isles, FI Attention Sandra Suarez Project Manager Bliss & Nyitray, Inc. is glad to submit this Proposal for the structural review of the Gateway Center in Sunny Isles to determine the adequacy of installing a generator in the existing parking structure. Parking structures are generally designed for 40 Lbs. per square foot and the proposed generator exceeds this load. After our review we will issue a letter report with our conclusions and recommendations If retrofitting the structure is required we will provide a proposal to prepare retrofit construction documents. Basic Services Fee We propose to review the existing slab toassess theeffect of the proposed generator and provide a report for a lump sum of five Thousand Two Hundred Dollars ($5,200.00). Reimbursables Reimbursable Expenses as defined by AIA B101 shall be invoiced at 1.1 times costs. Offered by: BLISS & NYITRAY, INC. V)e 06kf 0 -695L - (Signature) William Caycedo, PE/ Principal -Partner (Printed Name/title) (Date) 23.2022 Accepted by: Perkins&Will (Signature) (Date) (Printed Name/title) Please sign and return one copy. The Terms and Conditions on the following pages are a part of this Agreement. Terms and Conditions Project: Gateway generator installation • buildingstrength Page: 2 of 2 Date: August 23, 2022 1. Standard of Care: BNI will endeavor to perform services in a manner consistent with the degree of care and skill ordinarily exercised by members of our profession currently practicing in the same locality under similar conditions. No other representation, warranty or guarantee is made, included or intended as to our professional services. 2. Services Excluded: A. Work beyond scope of services B. Preparation of retrofit documents 3. Additional Services: Services beyond those outlined under basic services, including but not limited to an increase in the scope of the project, revisions, construction errors, additional site visits and inspections will be provided for an additional negotiated lump sum fee or performed on an hourly basis at the rates indicated below. BNI will provide additional services upon written authorization by the Client. 4. Hourly Billing Rates: Rates are subject to annual adjustment, starting January 1, 2013. Principal $250/Hour CAD Manager $140/Hour CAD Operator $110/Hour Administrative Assistant $70/Hour Engineer $140/Hour 5. Provisions Related to Payment: A. Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include expenses incurred by BNI, employees and subconsultants in the interest of the Project, such as expedited delivery, travel, and printing other than for BNI. Reimbursable expenses and Additional Services will be billed monthly as they are incurred. B. BNI shall invoice Client by phase when work is complete and submitted to owner. C. Client agrees to pay each invoice within fifteen (30) days of receipt of invoice, but not later than 45 days from the date of the invoice. Late payments will be charged interest at the rate of 1.5% per month and we reserve the right to stop work and withhold documents. 6. Risk Allocation: In recognition of the relative risks, rewards and benefits of the project to both the Client and BNI, the risks have been allocated such that the Client agrees, to the fullest extent permitted by law, to limit the liability of BNI, its individual officers, shareholders and employees (collectively hereafter referred to as BNI) to the Client, for any and all claims, losses, costs, damages of any nature whatsoever or claim expenses from any cause or causes, including attorneys' fees and costs and expert witness fees and costs, so that the total aggregate liability of BNI to the Client shall not exceed $250,000. It is intended that this limitation apply to all liability or cause of action however alleged or arising, unless otherwise prohibited by law. 7. Mediation: The Client and BNI agree that all disputes between them arising out of or relating to this Agreement, or the Project shall be submitted to formal mediation unless the parties mutually agree otherwise. Anything contained in any other contract document notwithstanding, BNI shall not be bound by any provision requiring arbitration of disputes or controversies arising out of BNI's work. 8. Hazardous Material: BNI shall have no responsibility for the discovery, presence, handling, removal or disposal of, or exposure of persons, to hazardous materials in any form. 9. Applicable Law: This Agreement shall be governed by the laws of the State of Florida. 10. Third Parties: Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Client or BNI. 11. Severability: In the event any of the provisions of these General Provisions should be found to be unenforceable, it shall be stricken and the remaining provisions shall be enforceable. 12. Termination of Services: This Agreement may be terminated upon 10 days written notice by either party should the other fail to perform its obligations hereunder. In the event of termination, the Client shall pay BNI for all services rendered to the date of termination, all reimbursable expenses, and reasonable termination expenses. r ^, TO: VIA: FROM: DATE: City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax MEMORANDUM Honorable Mayor and City Commissioners Stan Morris, City Manager Rick Labinsky, P.E., City Engineer November 17, 2022 RE: Approval of a First Amendment to the Agreement with Perkins+Wil Architects, Inc. for Installation of an Emergency Generator for the Gateway Park Center ,i 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 generator will be located on the top floor of the parking garage which will require additional analysis of the deck. The proposed cost is $5,200.00. FUNDING SOURCE: Funds have been appropriated in account no. 300-6-5720-465005-15001. ATTACHMENTS: Resolution Fiat Amendment Item Number: 10.1 117