Loading...
HomeMy WebLinkAboutCRA-R-24-0056 BackupLE DA DALY PLANNING ARCHITECTURE ENGINEERING INTERIORS LEO A DALY — Miami 800 NW 62nd Avenue Suite 100 Miami, FL 33126 305.461.9480 leoadaly.com Date: August 02, 2024 Brian Zeltsman, RA Director of Architecture and Development Southeast Overtown/Park West Community Redevelopment Agency 819 NW 2nd Avenue, 3rd Floor, Miami, FL 33136 Re: Fee Proposal for Professional Architectural and Engineering Design Services (CD -CA) for the project entitled '1611 NW 3RD Ave'. LAD Opportunity #: 061-10096-200 Dear Brian Zeltsman: LEO A DALY proposes to provide Architectural professional services identified below for the project entitled "1611 NW 3RD Ave, pursuant to CRA's RFQ No. 15- 04: I. PROJECT SCOPE a. Overall Updates b. Re -issue the existing LEO A DALY (LAD) 2017 mixed -use affordable housing project to obtain permits from the different authorities holding jurisdiction. Architectural Updates Review of Updated Codes: Review the changes in the 2023 FBC compared to the 2017 FBC. This includes not only the main building code but also related codes life safety code, and energy conservation code. ii. Architectural Drawings: Will be revised to meet new code requirements. This includes changes in building layout, egress paths, fire -rated assemblies, etc. Energy Efficiency: The 2023 FBC likely includes more stringent energy efficiency requirements. This could affect insulation, glazing, HVAC systems, and overall building envelope performance. LEO A DALY 08/02/2024 CRA Affordable Housing Page 2 iv. Accessibility Standards: There may be updates to accessibility standards to ensure compliance with the latest ADA (Americans with Disabilities Act) requirements. v. Environmental Impact: New DERM/sustainability standards may apply, affecting the site design. vi. The configuration of building design elements -previously approved by the client- will remain unchanged, however, there will be a limited allowance to revisit the facade and roof top design to explore a new design approach. vii. The CD set will be updated to reflect any changes generated from the facade exploration scope and to capture the changes spawned from the Structural and MEPF updates. c. Structural Updates: i. Changes in structural design requirements may include updated load calculations (e.g., wind loads), new materials standards, and revised drawings and calculation. ii. The Structural drawings will need to be updated to reflect the latest engineering standards and code requirements. This involves recalculating loads and updating specifications for structural elements. d. MEPF Updates: i. Updates to the existing design to satisfy higher energy performance requirements including the existing envelope per requirements of the 2023 FBC. ii. Revision of Building energy calculations. iii. It is expected replace the AC refrigerant, triggering the reconfiguration of AC closets and routing of refrigerant piping, considering that the new refrigerant has higher flammability. This may require the use of fire rated protection enclosures. iv. Revision and evaluation of existing hot water piping design for each of the units to ensure it does not exceed the maximum fixture separation from the mains. v. Revision of electrical items that will need to be verified regarding circuit controllability and fire alarm device locations. e. Civil and Landscape Updates i. Revision of overall site design to ensure compliance with current codes including stormwater management and floodplain management. ii. Review Miami Dade County or City of Miami ordinances and regulations that have been implemented since 2017. LEO A DALY 08/02/2024 CRA Affordable Housing Page 3 II. BASIC SERVICES LEO A DALY's basic services for this project include the following: A. CONSTRUCTION DOCUMENT PHASE LEO A DALY will produce a 100% Construction Documents submission for review and approval by the Owner, based on the existing 2017 design as follows: a. Allowance to explore changes for the existing facade and roof top design. The extent of this exploration will be limited to avoid unnecessary coordination with the various trades involved in the project. b. Re -issue the existing 2017 set of construction documents for the building's elements and systems including code required updates and any change spawned from the new facade exploration. c. Coordinate the set with other disciplines, including; civil, landscape, structural, mechanical, plumbing, electrical and fire protection. d. Construction Documents to include dimensioned layout plan for the building with necessary construction details, interior elevations, partitions sections, and schedules of sufficient detail to obtain a building permit as per the existing 2017 design. B. PERMITTING PHASE a. The Construction Documents will be issued to the Authorities Holding Jurisdiction for Permitting including uploading drawings to i-build with naming convention and digital signatures per AHJ requirements. b. Permit approval coordination with Zoning Dept., Building & Safety, DERM & WASD. c. The 100% Construction Documents will incorporate permit review comments and will be issued to the General Contractor for use in construction. C. CONSTRUCTION ADMINISTRATION PHASE a. LEO A DALY will visit the site on a bi-weekly basis throughout the construction administration phase to check and report on the progress and general quality of the work and to determine, in general, if such work is proceeding according to the Construction Documents. b. LEO A DALY 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 or for the acts or omissions of the contractor, subcontractors or any other persons performing any of the Work, or for the failure of any of them to carry out the Work in accordance with the Construction Documents. c. LEO A DALY will promptly review and approve, reject, or act on LEO A DALY 08/02/2024 CRA Affordable Housing Page 4 submittals, shop drawings, samples, RFIs and other submissions of the Owner -selected General Contractor. d. Changes or substitutions to the construction documents will not be authorized without concurrence of the Owner's Project Manager and/or Field Representative. e. LEO A DALY will report on the progress of the Work, including any deficiencies that may be observed in the Work. f. This proposal is based upon the following Construction Administration phase service assumptions: Construction duration of sixteen (16) months is assumed; to be verified by the Owners General Contractor with OAC meetings occurring twice a month. III. COMPENSATION FOR BASIC SERVICES Consultant shall perform the Work detailed in this Proposal for a Total Lump Sum, Fixed fee of three hundred and thirty thousand eight hundred eighty dollars with cero cents ($330,880.00). CRA shall not be liable for any fee, cost, expense or reimbursable expense or other compensation beyond this amount. Said additional services and reimbursable expenses shall be used in accordance with the Agreement Provisions and shall conform to the limitations of Florida Statutes § 112.061. SUMMARY OF COMPENSATION Task # Project Phase Fee Amount 1 Architectural Services $ 221,000.00 1.1 Facade Exploration $ 9,000.00 1.2 Construction Documents $ 59,000.00 1.3 Permitting Phase $ 10,000.00 1.4 Bidding and Negotiation Phase $ 8,000.00 1.5 Construction Administration Phase $ 135,000.00 2 Subconsultant Services $ 109,880.00 2.1 Structural Design CD, Permit, Bid & CA $ 18,500.00 2.2 MEPF Design CD, Permit, Bid & CA $ 37,200.00 2.3 Landscape Design CD, Permit, Bid &CA $ 8,580.00 2.4 Civil Engineering CD, Permit, Bid & CA $ 45,600.00 3 Total Fee $ 330,880.00 LEO A DALY 08/02/2024 CRA Affordable Housing Page 5 IV. EXPENSES AND INCIDENTAL COSTS Certain expenses incurred by the Architect directly related to the Project will be billed to the Owner plus 10% of the cost incurred by the Architect. Such expenses include the following: a. Reproductions of technical items, e.g. drawings, specifications, reports, calculations, and photocopy. b. Photographs and postal other than normal mail. c. Renderings will have a cost of $1,600 each. V. SUB -CONSULTANTS We have identified the following Sub -Consultants that will assist LEO A DALY in the performance of its professional design services. Refer to Exhibit A, B, C and D for more information. SUB -CONSULTANT NAME DISCIPLINE/DESIGN SERVICE Nifah Assoc. Civil LLA Landscape BNI Structural TLC MEP VI. SCHEDULE OF WORK — TIME OF PERFORMANCE *An updated schedule, indicating actual delivery dates, based on the above durations, will be provided to the CRA upon receipt of the NTP. SCHEDULE OF DELIVERABLES Major Task, Sub- Task, Activity, or Deliverable Duration (specify weeks or calendar days) Delivery Date* Construction Documents Calendar days NTP + 60 days VII. ASSUMPTIONS a. Client to provide an updated Geotechnical Report, LAD to provide boring locations. b. Drawings will be issued as 2D pdf digital format as determined by Leo A Daly. c. Interior Design finishes will be per the previous 2017 project. LEO A DALY 08/02/2024 CRA Affordable Housing d. CA Phase assumed to begin upon NTP is issued to General Contractor/CM by Client. Page 6 e. Owner and/or Owner selected Construction Manager will be responsible for managing OAC meetings including meeting agendas, minutes, and coordination. f. CA Phase will be streamlined by the GC using Procore or similar web -based CM software to distribute RFI's, submittals and other deliverables. VIII. SUPLEMENTAL SERVICES As part of the scope of work required for the project, LEO A DALY has identified several consultants and services not included in the fee for Architectural Services previously described. These include: a. Value engineering analysis. b. Renderings. c. LEED or FGBC Consultation Services. d. Record Drawings. e. "Special Inspectors", such as threshold inspection services, required by law or code or desired by the Owner. f. Interior Design Services including FF&E Selection and Procurement g. Restaurant Consulting Services. h. Any asset tagging or management, such to be performed by Owner. Surveying, Platting, Traffic Services, Geotechnical nor any other sub surface exploration services. j. Design changes by Owner departing from the 2017 design. k. Permitting fees, impact fees, environmental studies, and construction testing. The National Pollution Discharge Elimination System (NPDES) permit. It shall be obtained by the General Contractor prior to starting construction. m. No color or material sample boards, mood images, finishes binders or color alternatives will be provided. n. Any other services that are not specifically described in this proposal. o. Construction Administration Services beyond the initial 16 months. IX. CHANGE IN SERVICES: Services required of LAD and not defined in the scope of work above shall be considered Change In -Service. A Proposal for additional services will be presented in the event these are necessary or as requested by CRA. Compensation for Change in Services, required by CRA during the development of the project will be consistent with the Professional Service Agreement RFQ No. 15-04. LEO A DALY 08/02/2024 CRA Affordable Housing Page 7 X. ADDITIONAL TERMS AND CONDITIONS A. Standard of Care. The standard of care for all services performed or furnished by Consultant under the Agreement shall be in conformance with the skill and care ordinarily exercised by similar professionals providing similar services in the same location at the same time and under similar circumstances (the "Standard of Care"). Consultant makes no warranty or guarantee, expressed or implied, with respect to its services or obligations under the Agreement including, without limitation, the implied warranties of merchantability and/or fitness for a particular purpose. B. Field and unforeseen conditions. Field discovered and other unanticipated conditions requiring work outside the scope of this Contract will be brought to the Client's attention. With the Client's written consent services required will be performed and billed as an Additional Service at the rates stipulated herein. C. Limitation of Liability. In recognition of the relative risks and benefits of the Agreement to both the Client and Consultant, to the fullest extent permitted under applicable law, Client agrees that Consultant's total liability for any and all claims, losses, costs, damages, or expenses including, without limitation, reasonable attorneys' fees and costs, of any nature whatsoever, shall not exceed Consultant's total fee under the Agreement. It is intended that this limitation of liability shall apply to any and all liability or cause of action, whether in contract, warranty, tort, or otherwise, however alleged or arising. D. Mutual Waiver of Consequential Damages. In no event shall either party under the Agreement be liable to the other party, whether in contract, warranty, tort, or otherwise, for any special, indirect, incidental, or consequential damages of any kind or nature whatsoever. E. Intellectual Property. "Intellectual Property" as used in these Terms and Conditions shall mean any and all copyrightable works, copyrighted works, patentable inventions, patented inventions, trademarks, service marks, trade secret, know-how, or other proprietary information. "Work Product" as used in these Terms and Conditions shall mean any and all work created by Architect in performing its services under this Agreement including, without limitation, any renderings, drawings, plans, calculations, models, data, and/or documents, whether in electronic format or hard copies. "Deliverable" as used in these Terms and Conditions shall mean a Work Product required to be delivered to Client under the Agreement and actually delivered to Client by Architect. Client shall own all Deliverables delivered to Client by Architect. Architect shall own any and all Intellectual Property rights in or made a part of any Work Product and/or Deliverable. Upon Client's final and full LEO A DALY 08/02/2024 CRA Affordable Housing Page 8 payment of all fees under the Agreement, and provided there is no dispute between Client and Architect related to the Agreement or the services provided by Architect under the Agreement, Architect shall grant Client an irrevocable, royalty -free, world-wide license to use the Intellectual Property in any Work Product and/or Deliverable for the sole purpose for which the Intellectual Property was created and on the specific project that is the subject of the Agreement. Client shall not use the Intellectual Property in any Work Product or Deliverable for any unlicensed purpose without the prior written consent of Architect. Client agrees to indemnify Architect for Client's unauthorized use of Intellectual Property, Work Product, and Deliverables. Architect reserves the right to use project images and design information such as renderings and drawings prepared by Architect for this Project, as needed, for marketing and business development purposes. F. Cost Estimates. Cost estimating services are to be provided by the Client -selected General Contractor are not included as part of this proposal. G. Mutual Waiver and Release Against Individual Employees. Consultant and Client agree to release, waive, discharge, and covenant not to sue individual employees of the other party from any and all liability, claims, demands, actions, and causes of action whatsoever arising out of or the result of any loss or injury stemming from the performance of the Agreement that may be sustained, regardless of whether such loss is caused by the negligence of the employee and regardless of whether such liability arises in tort, contract, strict liability, or otherwise, to the fullest extent allowed by law —except in cases of gross negligence or willful misconduct. PURSUANT TO SECTION 558.0035 FLORIDA STATUTES, ARCHITECT IS THE RESPONSIBLE PARTY FOR THE PROFESSIONAL SERVICES IT AGREES TO PROVIDE UNDER THIS AGREEMENT. NO INDIVIDUAL PROFESSIONAL EMPLOYEE, AGENT, DIRECTOR, OFFICER OR PRINCIPAL MAY BE INDIVIDUALLY LIABLE FOR NEGLIGENCE ARISING OUT OF THIS CONTRACT. H. Construction Means and Methods. Notwithstanding anything under the Agreement, or otherwise expressed or implied by Consultant, Consultant shall not have control over, charge of, or be responsible, in any way, for the means, methods, techniques, sequences or procedures, or for any health or safety programs in connection with any construction work arising from the Agreement or any Deliverable or Work Product. I. Conflicts. In the event that any term of these Terms and Conditions conflict with the terms and conditions of another portion of the Agreement, in all instances, these Terms and Conditions shall control and prevail. LEO A DALY 08/02/2024 CRA Affordable Housing Page 9 J. Force Majeure and Unforeseeable Conditions. Consultant shall not be responsible for and Client hereby releases Consultant from any claim, damage, delay or loss resulting from: (i) fires, riots, labor disputes, war, terrorism, weather, acts of god, or other force majeure; (ii) governmental action or failure to act (including, without limitation, plan reviews, permits, and/or approvals); (iii) unforeseen circumstances or conditions (including, without limitation, unforeseen site conditions); (iv) discovery of any hazardous substances or differing site conditions; and/or, (v) circumstances or events outside the reasonable control or responsibility of Consultant. K. Promotional Use of Project. Consultant may take video or photographs of the Project, as well as identify and name the Project and Client for the purposes of external marketing, promotional media, or submission of the Project to award programs. Consultant shall not include confidential or proprietary information to the extent the Client has previously advised in writing specific information or areas are considered such. Client may revoke this right at any time upon written notice. This section shall survive termination. L. Remodeling. In as much as the remodeling and/or rehabilitation of an existing building or structure requires that certain assumptions be made regarding existing conditions, and because some of these assumptions cannot be verified without expending great sums of additional money, or destroying otherwise adequate or serviceable portions of the building or structure, the Client agrees that, except for negligence on the part of the Architect, the Client will hold harmless and indemnify the Architect for and against any and all claims, damages, and costs of defense arising out of such professional services involving those assumptions. M. Payment. If an invoice is not paid within 30 days of issue, interest will be charged on the principal balance shown on the invoice. Interest will be calculated by multiplying the unpaid balance by the periodic rate of the 1.5% per month (18% per annum), or the statutory maximum according to applicable state law, if less. The unpaid balance will bear interested until paid. The Client acknowledges and agrees that unless expressly made within 60 days from the date of the invoice, any objections, claims, or disputes related to an invoice shall be waived, and said invoice shall be deemed accepted by Client. N. Miscellaneous. a. This Proposal shall become effective on the date of the last undersigned party. b. All other terms under the Professional Service Agreement RFQ No. 15-04 not modified or contradicted herein shall remain in full force and effect. c. The Parties represent and warrant that the undersigned individuals have the authority to execute this Proposal. LEO A DALY 08/02/2024 CRA Affordable Housing d. The execution, delivery and effectiveness of this Proposal shall not, except as expressly provided herein, operate as a waiver of any Page 10 provision of the Professional Service Agreement. Attachments: We appreciate the opportunity to serve your needs in a professional manner and thank you once again for considering our organization. We trust this proposal meets with your approval and look forward to reviewing it with you in detail. Sincerely, Fernando Mingo, RA Project Manager LEO A DALY APPROVED AND ACCEPTED THIS DAY OF ,2024 BY: Jairne Sobrino, FAIA, NCARB Vice President, Director of Operations NAME: TITLE: EXHIBIT A - Structural Consultant Scope of Work EXHIBIT B - MEP Consultant Scope of Work EXHIBIT C - Civil Consultant Scope of Work EXHIBIT D - Landscape Consultant Scope of Work LEO A DALY 08/02/2024 CRA Affordable Housing Page 11 EXHIBIT A - Structural Consultant Scope of Work I. SCOPE OF WORK a. Construction Documents Update for the existing Structural construction documents maintaining the existing architectural layout to comply with current 2023 Florida Building Code including: i. Revise Structural notes/specifications. ii. Calculate and revise wind pressures on building elevations and roof. iii. Column foundation redesign due to shear code changes iv. Shear wall foundation redesign due to wind and shear code changes. v. Shear wall redesign due to wind and concrete code changes. vi. Post -tensioned transfer beam review and redesign and post -tensioned slabs review and redesign due to concrete code changes. vii. High roof concrete support beam redesign due to wind load changes. viii. High roof truss tiedown redesign due to wind load changes. ix. Exterior CMU redesign and review due to wall wind pressure change. x. Miscellaneous tie beams and tie columns, steel column review and revisions as required. xi. Review and repackaging of calculations reflecting all code upgrades. b. Construction Phase Services Construction Administration services provided for this project shall include: i. Response to bidder questions. ii. Response to Contractor's Request for Information (RFI) during the construction period. iii. Submittal review and response. iv. A total of three (3) site visits to become generally familiar with the progress and quality of the construction work to determine if the work is being performed in general accordance with the construction documents. v. Substantial completion and final inspection, if requested, would each constitute a site visit. LEO A DALY 08/02/2024 CRA Affordable Housing Page 12 EXHIBIT B — MEP Consultant Scope of Work I. SCOPE OF WORK a. Construction Documents Update for the existing MEP/FP construction documents maintaining the existing architectural layout to comply with current 2023 Florida Building Code 8th Edition including: i. Heating, Ventilating and Air -Conditioning (HVAC) Engineering. ii. Plumbing Engineering. iii. Electrical Engineering: lighting, power, electrical distribution, fire alarm, and raceways for other low voltage systems. iv. Fire Protection Engineering: design to consist of schematic plans and "performance -based" specifications. v. Unlimited design review conference calls are included in the proposed work scope. b. Permitting Phase i. Response to local permitting official's comments. c. Construction Phase Services Construction Administration services provided for this project shall include: i. Response to bidder questions. ii. Response to Contractor's Request for Information (RFI) during the construction period. iii. Submittal review and response. iv. A total of three (3) site visits to become generally familiar with the progress and quality of the construction work to determine if the work is being performed in general accordance with the construction documents. (The mix of mechanical, electrical, plumbing, and fire protection field representation may change based on the needs of the project during the construction phase). v. Substantial completion and final inspection, if requested, would each constitute a site visit. LEO A DALY 08/02/2024 CRA Affordable Housing Page 13 EXHIBIT C - Civil Consultant Scope of Work I. SCOPE OF WORK a. Construction Documents Update for the existing Civil construction documents maintaining the existing architectural layout to comply with current 2023 Florida Building Code including: i. Revisit the site to ensure no significant changes have occurred at the site including required utilities search. ii. Review and update the Civil design and drainage calculations performed in 2017 to bring up to current code requirements. b. Permitting Phase ii. Coordinate Dry -Run permit with AHJ. iii. Response to local permitting official's comments. c. Construction Phase Services Construction Administration services provided for this project shall include: i. Response to bidder questions. ii. Response to Contractor's Request for Information (RFI) during the construction period. iii. Submittal review and response. LEO A DALY 08/02/2024 CRA Affordable Housing Page 14 EXHIBIT D — Landscape Consultant Scope of Work I. SCOPE OF WORK a. Construction Documents Preparation of a 100% landscape plan based on Miami 21 landscape requirements including: i. Proposed plant palette and required tabulations. ii. Plant quantities, notes, details, and specifications. iii. Professional preparer's statement. iv. Irrigation plan based on the approved landscape plan. b. Permitting Phase i. Coordinate permit with AHJ. ii. Response to local permitting official's comments. c. Construction Phase Services Construction Administration services provided for this project shall include: i. Response to bidder questions. ii. Response to Contractor's Request for Information (RFI) during the construction period. iii. Submittal review and response. iv. 1 Site inspection at substantial completion.