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HomeMy WebLinkAboutReso 2024-3757RESOLUTION NO. 2024- J 7E A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING A LETTER AGREEMENT WITH PERKINS AND WILL, INC. TO PROVIDE ARCHITECTURAL AND ENGINEERING DESIGN, PERMITTING AND CONSTRUCTION SERVICES FOR AN EMERGENCY GENERATOR INSTALLATION AT GATEWAY PARK, IN AN AMOUNT NOT TO EXCEED FIFTEEN THOUSAND SIX HUNDRED FOUR DOLLARS AND NO CENTS ($15,604.00), ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO 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, 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, on July 20, 2023, via Resolution No. 3525, the City Commission approved a Letter Agreement with the Consultant to provide additional structural design of the generator pad on Parking Garage deck for the Gateway Park Center, in an amount not to exceed $12,320.00; and WHEREAS, the Project and Letter Agreements have since expired, with remaining funds in the amount of $15,604.00; and WHEREAS, the City Manager has determined that the City continues to require architectural and engineering design, permitting and construction services (the "Services") from the Consultant for the Project, WHEREAS, the Consultant has expressed their desire and ability to provide continue providing the City with Services for the Project; and WHEREAS, the City Commission now wishes to approve a Letter Agreement with the Consultant for the Services, in an amount not to exceed Fifteen Thousand Six Hundred Four Dollars and No Cents ($15,604.00), attached hereto as Exhibit "A". NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA: Section 1. Approval of Letter Agreement. The City Commission hereby approves the Letter Agreement with Perkins and Will, Inc. to provide architectural and engineering design, permitting @BCL@7COBE6CA.docx Page 1 of 2 466 and construction services for an emergency generator installation at Gateway Park, in an amount not to exceed Fifteen Thousand Six Hundred Four Dollars and No Cents ($15,604.00), attached hereto as Exhibit "A". Section 2. Authorization of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate this Resolution. Section 3. ATTEST: Effective Date. This Resolution shall.become effective upon passage. Mauriclo Beta PASSED AND ADOPTED upon this 21St day of November, 2024. L Larisa Svechin, Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY: i C, r, CMC, City Clerk A ain E. Boileau, for Nabors, Giblin & Nickerson, P.A., City Attorney • -• by: /✓✓ l A - • •-• by: �v l� Vote: Mayor Svechin Vice Mayor Lama Commissioner Joseph Commissioner Stuyvesant Commissioner Viscarra ✓ (Yes) (No) ✓(des) (No) (Yes) (No) (No) 2Yes) Yes) (No) @BCL@7COBE6CA.docx 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, because the original Project Agreement expired and since the Work was not completed, the City adopted Resolution No. 2023-3525 on July 20, 2023, therein approving a Letter Agreement with Consultant to provide additional structural design services related to the emergency generator at Gateway Park, in an amount not -to -exceed $12.320.00; and WHEREAS, the Letter Agreement has since expired on July 24, 2024, and the City requires the continuation of the additional services for the Project, including the structural design of the generator pad on Parking Garage deck for the Gateway Park Center, Permitting services and construction administration services. The City and the Consultant hereby agree as follows: Page 1 of 6 468 A. INCORPORATION OF CONTINUING SERVICES AGREEMENT 1. 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. 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 1. 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 two (2) years 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. 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; c. 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; Page 2 of 6 469 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 1. Deliverables required by the Consultant pursuant to this Letter Agreement are set forth in Exhibit "1" to this Letter Agreement. E. SCHEDULE 1. 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 The original contract and additional services approved by the above resolutions totaled $57,220.00. The City shall compensate the Consultant for the remaining unbilled portions of these contracts in an amount not to exceed $15,604.00, which was previously approved by the City Commission in Resolution Nos. 2022-3332, 2022-3438 and 2023-3525, 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..............................................................................................................$16,100.00 Architecture............................................................................................................ $7,520.00 GPRSurvey..........................................................................................................$1,400.00 Page 3 of 6 470 MEP........................................................................................$27,200.00 Reimbursable Expenses...................................................................$5,000.00 TOTAL..................................................................................$57,220.00 G. BILLING AND PAMENTS TO CONSULTANT 1. Payments to the Consultant shall also be in accordance with EXHIBIT "F" of the Continuing Services Agreement. 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 6 471 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. CITY OF S NNY I LES BEACH, FLORIDA By: Lari Svechin, Mayor Z %ky of November, 2024. A CAT City lexk Mauricio Betanc r (SEAL) Approved as to form for the City: By: Aali& w_ Alain E. Boileau for Nabors Giblin & Nickerson, PA, City Attorney CONSULTANT S -AND WILL, INC. 4 Kline Managing Director Wday of November, 2024. Page 5 of 6 EXHIBIT "1" SCOPE OF SERVICES AND DELIVERABLES Page 6 of 6 473 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 Was Beach a Florida entity, having an office at Gateway Park,18070 Collins Avenue, Sunny isles Beach, FL 333160. ("SIB"), and Perkins & Will Architects, Ino., 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 RFIs 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 performingServices, 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 518. PAYMENT METHOD: PW Miami Invoices. SUPPLIER PROTECT 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] L� (Perkins &Wil chiteets, Inc] Name: Richardlabinsl L Name: Sandra Suarez (Type or print) Title: City Engineer Title: Prolect Manager Data: 5-10-23 Date: April 11th. 2023 SIB Standard Contract Page 1 of 1 SUNW ISLES BEACH PROPRIETARY & CONFIDENTIAL Exhibit i — STATEMENT OF WORK FORM STATEMENT OF WORK UNDER $10 STANDARD CONTRACT NO. (CW236734311"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 errtfty, having an office at Gateway Park,18070 Collins Avenue, Sunny Isles Beach, FL 33160. ("SIB"), and Perldns & WN 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 orderto avoid additional charges. EXCLUDES: Structural engineering services. Thoseare to be provided by the structural engineer, BNI. COSTS/FEESICHARGES— 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. GPRsurvey $ 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 oron 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 isthe 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 & W rchitects, Inc.] By: Name: Richard Labinskv Name. ra Suarez (Type or print) Title: City Engineer Title: Prolect Manager Date: 5-10-23 SIB Standard Contract Date: April 11!1% 2023 Page 1 of 1 `Tr of suN 'r� 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: November 21, 2024 RE: Approval of a Letter Agreement with Perkins & Will Architects for Architectural and Engineering Services for the New Emergency Generator Project at Gateway Park RECOMMENDATION: Staff recommends approval of this Resolution. REASONS: The City of Sunny Isles Beach approved Perkins & Will Architects to perform architectural and engineering design, permitting and construction services for an emergency generator installation at the Gateway Park Site with Resolution Nos. 2022-3332, 2022-3438, and 2023-3252 for a total approved amount of $57,220.00. That contract has expired with a total remaining balance of $15,604.00 for permitting and construction administration and authorized reimbursables. Due to the expiration of the original agreement, staff is recommending approving this agreement to complete the project using the remaining balance of $15,604.00. ADDITIONAL INFORMATION: This approval does not require any additional funding allocation. As the design architect for this project, it is necessary to continue to utilize the services of Pekins & Will Architects to perform this work to complete the project. FUNDING SOURCE: Funds have been appropriated in account no. 300-6-5720-465110-15003. ATTACHMENTS: Resolution Letter Agreement Item Number: 9.N 465