HomeMy WebLinkAboutReso 2023-3525RESOLUTION NO. 2023-
AN RESOLUTION OF THE CITY COMMISSION OFTHE CITY OF SUNNY ISLES BEACH,
FLORIDA, APPROVING A LETTER AGREEMENT WITH PERKINS AND WILL, INC. TO
PROVIDE ADDITIONAL STRUCTURAL DESIGN SERVICES RELATED TO EMERGENCY
GENERATOR AT GATEWAY PARK, IN AN AMOUNT NOT TO EXCEED TWELVE
THOUSAND THREE HUNDRED TWENTY DOLLARS ($12,320.00), ATTACHED
HERETO AS EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARYTO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, on May 19, 2022, the City adopted Resolution No. 2022-3332, approving a
Project Agreement with Perkin and Will, Inc. ("Consultant") to provide professional architectural
services for an emergency generator at Gateway Park ("Project") in an amount not to exceed
$39,700.00; and
WHEREAS, the original Project Agreement was fully executed. on June 1, 2022, fora term
of 365 days; and
WHEREAS, thereafter, on November 17, 2022, the City adopted Resolution No. 2022-
3438, approving a First Amendment to the Project Agreement with the Consultant for additional
services related to the Project, in an amount not to exceed $5,200.00; and
WHEREAS, the Project Agreement has since expired, however, the City requires
additional services for the Project, includingthe structural design of the generator pad on Parking
Garage deck for the Gateway Park Center ("Design Services"); and
WHEREAS, the Consultant has expressed their desire and ability to provide the Additional
Services for the Project; and
WHEREAS, the City Commission now wishes to approve a Letter Agreement with the
Consultant to provide the Design Services in an amount not to exceed Twelve Thousand Three
Hundred Twenty Dollars ($12,320.00).
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SUN NY
ISLES BEACH, FLORIDA:
Section 1. Incorporation of Recitals. The foregoing recital paragraphs are hereby ratified and
confirmed as being true and the same are hereby made part of this Resolution.
Section 2. Approval of Letter Agreement. The City Commission hereby approves the Letter
Agreement with Perkins and Will, Inc. to provide structural design of the generator pad on
Parking Garage deckfor the Gateway Park Center, in an amount not to exceed Twelve Thousand
Three Hundred Twenty Dollars ($12,320.00), attached hereto as Exhibit "A".
Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all
things necessary to effectuate this Resolution.
R2023 Letter AgmtwPerkins and Will for Generator Pad at GWP Page 1 of 2
Section 4. Effective Date. This Resolution shall become effective upon passage.
A
PASSED AND ADOPTED upon this 20th da f July 2023.
Larisa Svechin, Mayor
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
Mau icio AetanCL r, CMC, City Clerk Valerie Vicente, City Attorney
Moved by: A '' �econded by:
Vote:
Mayor Svechin
V/(Yes)
(No)
Vice Mayor Viscarra
(Yes)
(No)
Commissioner Joseph
(Yes)
(No)
Commissioner Lama
,//(Yes)
(No)
Commissioner Stuyvesant
�` (Yes)
(No)
R2023 Letter AgmtwPerkins and Will for Generator Pad at GWP Page 2 of 2
LETTER 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 Letter Agreement authorizes the
Consultant to provide the services as set forth below.
RECITALS
WHEREAS, on May 19, 2022, the City adopted Resolution No. 2022-3332, approving a
Project Agreement with the Consultant to provide professional architectural services for an
emergency generator at Gateway Park ("Project") in an amount not to exceed $39,700.00; and
WHEREAS, the original Project Agreement was fully executed on June 1, 2022, and was
for a term of 365 days; and
WHEREAS, thereafter, on November 17, 2022, the City adopted Resolution No. 2022-
3438, approving a First Amendment to the Project Agreement with the Consultant for additional
services related to the Project, in an amount not to exceed $5,200.00; and
WHEREAS, the Project Agreement has since expired, however, the City requires
additional services for the Project, including the structural design of the generator pad on Parking
Garage deck for the Gateway Park Center, as more particularly set forth in Exhibit "A", in an
amount not to exceed $12,320.00.
The City and the Consultant hereby agree as follows:
A. INCORPORATION OF CONTINUING SERVICES AGREEMENT
All terms and conditions of the Continuing Services Agreement between the City and the
Consultant, not specifically modified by this Letter Agreement shall remain in full force
and effect and are incorporated into and made a part of this Letter Agreement by this
reference as though set forth in full.
Page 1 of 6
B. SCOPE OF SERVICES: The Consultant shall perform the following:
1. The specific tasks set forth in the Consultant's proposals attached hereto as Exhibit "1" to
this Letter Agreement.
C. TERM AND TERMINATION
This Letter Agreement shall be effective on the date it is executed by the last parry to
execute it and shall be effective for a period of one (1) year from the date of execution.
2. This Letter Agreement may be 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 termination for cause, the Consultant shall be entitled to receive
compensation for any work completed pursuant to the Letter 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.
3. This Letter 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 Letter
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 and Section F of this Letter Agreement.
4. 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:
a. Anticipated profits or fees to be earned on completed portions of the work;
b. Consequential damages;
Costs incurred in respect to materials, equipment or services purchased or work
done in excess of reasonable quantitative requirements of this Letter Agreement;
d. 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;
e. Losses upon other contracts or from sales or exchanges of capital assets or Internal
Revenue Code Section 1231 assets; and
f. Damage or loss caused by delay.
D. DELIVERABLES
Page 2 of 6
1. Deliverables required by the Consultant pursuant to this Letter Agreement are set forth
in Exhibit "1" to this Letter Agreement.
E. SCHEDULE
Upon receipt of the fully executed Purchase Order, the Consultant shall commence services
to the City, and shall continuously perform services to the City, without interruption, in
accordance with the time frames set forth by the City, which shall become the Project
Schedule.
2. 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.
F. COMPENSATION
1. The City shall compensate the Consultant for an amount not to exceed $12,320.00 based
on services rendered pursuant to Section B Scope of Services, of this Letter Agreement.
Billings for each task shall not exceed the amount allocated below.
2. Payment to the Consultant of the sum set forth in Section F.1 shall be allocated based on
work completed for each of the following tasks:
Structural.......................................................................................
.........................................
Architecture .....................
.........................................
GPR Survey ...................
G. BILLING AND PAMENTS TO CONSULTANT
$2,520.00
.$1,400.00
...............
Payments to the Consultant shall also be in accordance with EXHIBIT "F" of the
Continuing Services Agreement.
Page 3 of 6
I. SEVERABILITY
1. If any term or provision of this Letter Agreement or its application thereof to any person
or circumstance shall, to any extent, be held invalid or unenforceable, the remainder of
this Letter 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 Letter Agreement shall be deemed
valid and enforceable to the extent permitted by law.
[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
Page 4 of 6
IN WITNESS WHEREOF, the parties hereto have made and executed this Letter Agreement on
the respective dates under each signature: The City, signing by and through its Mayor, and by
Perkins & Will, Inc. signing by and through a duly authorized officer to execute same.
(SEAL)
CITY OF S NN Yj' ISLES BEACH, FLORIDA
By:
Lan a Svechin, Mayor
day of L l , 2023.
Approved as to form for the City:
By:
"Nga6ors'm &Nickerson, PA
City Attorney
Page 5 of 6
EXHIBIT "1"
SCOPE OF SERVICES AND DELIVERABLES
Page 6 of 6
SUNNY ISLES BEACH
PROPRIETARY & CONFIDENTIAL
Exhibit 1—STATEMENT OF WORK FORM
STATEMENT OF WORK UNDER SIB STANDARD CONTRACT NO. [CW2367343] ("Agreement")
This Statement of Work ("SOW") is made and entered into once signed by both Parties as of the last date appearing in the signature block below
("SOW Effective Date") by and between Sunny Isles Beach a Florida entity, having an office at Gateway Park, 18070 Collins Avenue, Sunny Isles
Beach, FL 33160. ("SIB"), and Perkins & Will Architects, Inc., a corporation, having offices at Miami, FL ("Supplier"). This SOW is issued pursuant to
and is a part of the Agreement. Any term not defined in this SOW shall have the meaning stated in the Agreement.
SOW TERM END DATE: 06/30/2023
DETAILED DESCRIPTION OF SERVICES:
• Construction Documents for the Leveling Structure and attachment of Generator
• Construction Documents for support of a manufactured enclosure
• Includes plans, details, specifications, and calculations as required for Permitting, Bidding and Construction
• BNI to provide responses to comments from Owner, Bidders and Agency Having Jurisdiction
• Construction Administration with review of shop drawings, material submittals and responses to RFls from Contractor
DETAILED DESCRIPTION OF DELIVERABLES AND APPLICABLE DELIVERY DATES:
• Construction Document Phase
• Permit Phase
• Construction Administration Phase
EXCLUDES: GPR Survey—to be performed by an independent testing company. BNI to assist with identifying areas to be surveyed.
COSTS/FEES/CHARGES - NOT TO EXCEED AMOUNTS AND TOTAL AMOUNTS INCLUDING OUT OF POCKET EXPENSES AND ALL REIMBURSABLE
EXPENSES APPROVED BY SIB:
Structural
$ 8,400 Total for Permit Set / Construction Administration (CA) Phase
Architecture
$ 2,520 Total for Coordination with Structural on Permit Set / CA Phase Only
Consistent Rates. For Services performed on a time and materials basis, any hours worked in excess of eight (8) hours in any one day or on Saturdays,
Sundays or holidays, shall not be at an increased rate, unless specifically authorized by SIB in writing in advance.
Expenses. SIB shall pay for reasonable out-of-pocket costs and expenses required and actually incurred in performing Services, provided that Supplier
has: (a) obtained SIB's prior written consent and such out-of-pocket costs and expenses are in accordance with SIB's travel and expense policy, as
amended from time to time; (b) detailed such costs and expenses on a form acceptable to SIB and approved them in accordance with SIB's own
expense policies; and (c) submitted supporting documentation satisfactory to SIB.
PAYMENT METHOD: PW Miami Invoices.
SUPPLIER PROJECT MANAGER: Sandra Suarez of PW Miami office is the main contact for this project.
IN WITNESS WHEREOF, the Parties hereto have duly executed this SOW as of the SOW Effective Date.
[INSERT SIB ENTITY NA/ME_]`
[Perkins & Will Architects, Inc.]
By:--CLf��
By:
Name: Richard Labinsky
Name: Sandra Suarez
(Type or print)
Title: City Engineer
Title: Project Manager
Date: 5-10-23
Date: April 11th, 2023
SIB Standard Contract
Page 1 of 1
SUNNY ISLES BEACH
PROPRIETARY & CONFIDENTIAL
Exhibit 1— STATEMENT OF WORK FORM
STATEMENT OF WORK UNDER SIB STANDARD CONTRACT NO. [CW2367343] ("Agreement")
This Statement of Work ("SOW") is made and entered into once signed by both Parties as of the last date appearing in the signature block below
("SOW Effective Date") by and between Sunny Isles Beach a Florida entity, having an office at Gateway Park, 18070 Collins Avenue, Sunny Isles
Beach, FL 33160. ("SIB"), and Perkins & Will Architects, Inc., a corporation, having offices at Miami, FL ("Supplier"). This SOW is issued pursuant to
and is a part of the Agreement. Any term not defined in this SOW shall have the meaning stated in the Agreement.
SOW TERM END DATE: 06/30/2023
DETAILED DESCRIPTION OF SERVICES:
• An on-site representative for Intertek PSI will be provided for GPR scanning at the locations identified by SIB.
• Potential reinforcing and/ or post -tension cables detected by the GPR device will be marked on the
concrete surface using a permanent marker or paint. Please keep in mind that non-metallic objects may
not be able to be detected, therefore we will only mark what is detected by the GPR equipment.
• The antenna needs a reasonably smooth, unobstructed surface for scanning so we would not be able to scan
within 4" of obstructions such as walls.
• The below fee assumes that the GPR scanning will be completed during normal business hours.
ITEMS PROVIDED BY OTHERS
• SIB shall provide access to the scanning location at the time of our visit; and shall ensure that all obstructions
are removed prior to our arrival.
• The GPR scanning areas should be bare concrete, relatively smooth, and cleared of obstructions prior to our arrival in
order to avoid additional charges.
EXCLUDES: Structural engineering services. Those are to be provided by the structural engineer, BNI.
COSTS/FEES/CHARGES— We will provide the described scope of services for a lump sum fee. You will be contacted for authorization should additional
services beyond the budget be required to complete the scope of services.
GPR Survey
$ 1,400 Total for described scope of services.
Architecture
$ 0 Courtesy service
Consistent Rates. For Services performed on a time and materials basis, any hours worked in excess of eight (8) hours in any one day or on Saturdays,
Sundays or holidays, shall not be at an increased rate, unless specifically authorized by SIB in writing in advance.
Expenses. SIB shall pay for reasonable out-of-pocket costs and expenses required and actually incurred in performing Services, provided that Supplier
has: (a) obtained SIB's prior written consent and such out-of-pocket costs and expenses are in accordance with SIB's travel and expense policy, as
amended from time to time; (b) detailed such costs and expenses on a form acceptable to SIB and approved them in accordance with SIB's own
expense policies; and (c) submitted supporting documentation satisfactory to SIB.
PAYMENT METHOD: PW Miami Invoices.
SUPPLIER PROJECT MANAGER: Sandra Suarez of PW Miami office is the main contact for this project.
IN WITNESS WHEREOF, the Parties hereto have duly executed this SOW as of the SOW Effective Date.
[INSERT SIB ENTITY NAME]
[Perkins & Will Architects, Inc.]
By: AL119 ZAA� _
By:
Name: Richard Labinsky Name: Sandra Suarez
(Type or print)
Title: City Engineer Title: Protect Manager
Date: 5-10-23
Date: April 111h, 2023
SIB Standard Contract
Page 1 of 1