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HomeMy WebLinkAboutCRA-R-24-0056 MemorandumSEOPW Board of Commissioners Meeting September 26, 2024 SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY INTER -OFFICE MEMORANDUM To: Board Chair Christine King Date: September 27, 2024 and Members of the CRA Board File: 16691 From: James McQueen Executive Director Subject: Change Order to the Professional Services Agreement with Leo A. Daly, LLC Enclosures: File # 16691 - Backup File # 16691 - Exhibit A File # 16691 - Exhibit B BACKGROUND: A Resolution of the Board of Commissioners ("Board") of the Southeast Overtown/Park West Community Redevelopment Agency ("SEOPW CRA"), with attachment(s), authorizing an amendment to the Professional Services Agreement ("PSA"), in substantially the form attached as Exhibit `B," between the SEOPW CRA and Leo A. Daly, LLC., ("L.A.D.") a Foreign Limited Liability Company authorized to do business in the State of Florida, for architectural services on a 5-story, 24-unit affordable residential development with ground floor commercial space ("Purpose") at 1611 NW 3rd Avenue, Miami, Florida 33136 ("Property"), authorized under resolution number CRA-R-15-0030, increasing the existing contract value in an amount not to exceed Two Hundred Twenty -Four Thousand Two Hundred Seventy -Three Dollars And Zero Cents ($224,273.00), thereby allocating a total amount not to exceed Six Hundred Twenty -Four Thousand Two Hundred Seventy -Three Dollars And Zero Cents ($624,273.00) ("Funds"). On April 28, 2014, the Board of Commissioners, by Resolution No. CRA-R-14-0035, accepted conveyance of the Property from the City of Miami for the Purpose stated herein. A Request for Qualifications ("RFQ") No. 15-04 was then issued for the provision of miscellaneous architectural services, in accordance with Section 287.055, Florida Statutes, Consultants' Competitive Negotiation Act for the SEOPW CRA-owned properties, and L.A.D.'s proposal, in response thereto, was accepted on July 27, 2015, as one of the most qualified, by Resolution No. CRA-R-15-0030. On November 16, 2015, Resolution No. CRA-R-15-0052, authorized the execution of the PSA with L.A.D., attached and incorporated herein as "Exhibit A," for the Purpose stated herein, authorizing funds in the amount of Four Hundred Thousand Dollars and Zero Cents ($400,000.00). In July 2017, L.A.D. completed a portion of the scope of services in order to kickstart the permitting process. However, under direction of the SEOPW CRA, permitting was not initiated and the project was placed on hold due to funding constraints. In anticipation of a future bond issuance, which would provide necessary funding to develop the project, the SEOPW CRA seeks to enter into an amended PSA (Exhibit `B") between the SEOPW CRA and L.A.D., for the stated Purpose to the Property. The amended PSA (Exhibit `B") with L.A.D. will adjust the timeline and increase funding in order to allow for necessary design work to comply with code changes, in addition to updating construction documents and initiating the permitting process. It is recommended that the Board of the SEOPW CRA approve and adopt the attached Resolution, authorizing an amendment to the PSA (Exhibit `B") with L.A.D. for the Purpose stated therein. JUSTIFICATION: Pursuant to Section 163.340(9), Florida Statutes (the "Act") community redevelopment means "undertakings, activities, or projects of a ... community redevelopment agency in a community redevelopment area for the elimination and prevention of the development or spread of slums and blight...."; and Section 2, Goal 3 of the Plan lists "encourage[ing] and creat[ing] a sound balance of very low-income housing, affordable, workforce and mixed -income housing" as a stated redevelopment goal; and Section 2, Goal 6 of the Plan lists "creat[ing] housing ... designed to improved the quality of life for Overtown residents" as a stated redevelopment goal; and Section 2, Principle 2 of the Plan lists "access to affordable housing ... must be given to existing and former residents of Overtown" as a stated redevelopment principle; and Section 2, Principle 3 of the Plan lists "[a] mix of market rate and affordable housing units and types . [a]s necessary to accommodate ... existing and future residents" as a stated redevelopment principle; FUNDING: This request: $224,273.00 from Account No. 10050.920101.531000.0000.00000 - SEOPW Professional Services (Other) Total: $624,273.00 FACT SHEET: Company name: Leo A. Daly, LLC. Address: 1611 N.W. 3rd Avenue, Miami, Florida, 33136. Funding request: $224,273.00. Scope of work or services (Summary): Authorization for the issuance of Change Order to Professional Services Agreement with Leo A. Daly, LLC, for architecture services on a 5-story, 24- unit apartment development with ground floor retail space (anticipated to be affordable homeownership) to adjust the timeline and increase funding in order to allow for necessary design work to comply with code changes, in addition to updating construction documents initiating the permitting process. Page 2 of 7 AGENDA ITEM FINANCIAL INFORMATION FORM SEOPW CRA CRA Board Meeting Date: September 26, 2024 CRA Section: Brief description of CRA Agenda Item: Authorizing the allocation of funds in an amount not to exceed $224,273.00 for architectural services for a 24-unit affordable residential development. Project Number YES, there Account Code: (if applicable): are sufficient funds in Line Item: 10050.920101.531000.0000.00000 Amount: $ 2 2 4, 2 7 3.0 0 NO (Complete the following source of funds information): Amount budgeted in the line item: $ Balance in the line item: $ Amount needed in the line item: $ Sufficient funds will be transferred from the following line items: ACTION ACCOUNT NUMBER TOTAL Project No./Index/Minot Object From $ To $ From $ To $ Comments: Approved by: Approval: Executive Director 9/19/2024 Miguel A Valentin, ririarice Off;cer 9/19/2024 Page 3 of 7 Southeast Overtown/Park West Community Redevelopment Agency File Type: CRA Resolution Enactment Number: CRA-R-24-0056 File Number: 16691 Final Action Date:9/26/2024 A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY ("SEOPW CRA"), WITH ATTACHMENT(S), AUTHORIZING AN AMENDMENT TO THE PROFESSIONAL SERVICE AGREEMENT ("PSA"), IN SUBSTANTIALLY THE FORM ATTACHED AS EXHIBIT "B," BETWEEN THE SEOPW CRA AND LEO A. DALY, LLC. ("L.A.D."), A FOREIGN LIMITED LIABILITY COMPANY AUTHORIZED TO CONDUCT BUSINESS IN THE STATE OF FLORIDA, FOR ARCHITECTURAL SERVICES FOR A 5-STORY, 24-UNIT AFFORDABLE RESIDENTIAL DEVELOPMENT WITH GROUND FLOOR COMMERCIAL SPACE ("PURPOSE") AT 1611 N.W. 3RD AVENUE, MIAMI, FLORIDA 33136 ("PROPERTY") AUTHORIZED UNDER RESOLUTION NUMBER CRA-R-15-0030; INCREASING THE EXISTING CONTRACT VALUE IN AN AMOUNT NOT TO EXCEED TWO HUNDRED TWENTY-FOUR THOUSAND TWO HUNDRED SEVENTY-THREE DOLLARS AND ZERO CENTS ($224,273.00), THEREBY ALLOCATING A TOTAL AMOUNT NOT TO EXCEED SIX HUNDRED TWENTY-FOUR THOUSAND TWO HUNDRED SEVENTY-THREE DOLLARS AND ZERO CENTS ($624,273.00) ("FUNDS"); ALLOCATING FUNDS FROM ACCOUNT NO. 10050.920101.531000.0000.00000, TITLED "SEOPW PROFESSIONAL SERVICES (OTHER); FURTHER AUTHORIZING THE EXECUTIVE DIRECTOR TO NEGOTIATE AND EXECUTE AN AMENDMENT TO THE PSA, INCLUDING ALL OTHER DOCUMENTS, AMENDMENTS, AND EXTENSIONS, ALL IN FORMS ACCEPTABLE TO COUNSEL, SUBJECT TO ALLOCATIONS, APPROPRIATIONS AND BUDGETARY APPROVALS HAVING BEEN PREVIOUSLY MADE, AND IN COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ("CITY CODE"), INCLUDING, THE CITY'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE AND IN COMPLIANCE WITH APPLICABLE REGULATIONS, AS MAY BE NECESSARY FOR SAID PURPOSE; PROVIDING FOR THE INCORPORATION OF RECITALS AND AN EFFECTIVE DATE. WHEREAS, the Southeast Overtown/Park West Community Redevelopment Agency ("SEOPW CRA") is a community redevelopment agency created pursuant to Chapter 163, Florida Statutes, and is responsible for carrying out community redevelopment activities and projects within its Redevelopment Area in accordance with the 2018 Southeast Overtown/Park West Community Redevelopment Plan Update ("Plan"); and WHEREAS, pursuant to Section 163.340(9) Florida Statutes, "community redevelopment means projects of a ... community redevelopment agency in a community redevelopment area for the elimination and prevention of the development or spread of slum and blight"; and Page 4 of 7 WHEREAS, Section 2, Goal 3 of the Plan lists "encourage[ing] and creat[ing] a sound balance of very low-income housing, affordable, workforce and mixed -income housing" as a stated redevelopment goal; and WHEREAS, Section 2, Goal 6 of the Plan lists "creat[ing] housing ... designed to improve the quality of life for Overtown residents" as a stated redevelopment goal; and WHEREAS, Section 2, Principle 2 of the Plan lists "access to affordable housing ... must be given to existing and former residents of Overtown" as a stated redevelopment principle; and WHEREAS, Section 2, Principle 3 of the Plan lists "[a] mix of market rate and affordable housing units and types ... [a]s necessary to accommodate ... existing and future residents" as a stated redevelopment principle; and WHEREAS, on April 28, 2014, the SEOPW CRA adopted Resolution No. CRA-R-14-0035, which accepted the conveyance of property located at 1611 N.W. 3rd Avenue, Miami, Florida 33136 ("Property") from the City of Miami ("City") for the purpose of developing affordable housing units within the redevelopment area; and WHEREAS, on April 7, 2015, the SEOPW CRA issued Request for Qualifications ("RFQ") No. 15-04 for the provision of miscellaneous architectural services, in accordance with Section 287.055, Florida Statutes, for the SEOPW CRA-owned properties ("Services"); and WHEREAS, Leo A. Daly, LLC. a Foreign Limited Liability Company authorized to conduct business in the State of Florida ("L.A.D."), submitted a proposal in response thereto, which was accepted on July 27, 2015, as one of the most qualified for the provision of said Services, pursuant to Resolution No. CRA-15-0030; and WHEREAS, on November 16, 2015, the SEOPW CRA, adopted Resolution No. CRA-R-15- 0052, authorizing the execution of a Professional Services Agreement ("PSA"), attached and incorporated herein as Exhibit "A," with L.A.D. and authorized funding in the amount of Four Hundred Thousand Dollars and Zero Cents ($400,000.00) for architectural services at the Property; and WHEREAS, on July 10, 2017, L.A.D. completed a portion of the scope of services of the PSA (Exhibit "A") by providing One Hundred Percent (100%) construction documents to the SEOPW CRA; and WHEREAS, the Project was placed on hold due to funding constraints prior to submittal for building permit; and WHEREAS, in anticipation of an upcoming bond issuance, the SEOPW CRA wishes to proceed with the development of the Property and amend the previously executed PSA (Exhibit "A") with L.A.D. to allow for architectural services for a 5-story, 24-unit affordable residential development with ground floor commercial space, including necessary design work to comply with code changes and updates to the construction documents ("Purpose"); and WHEREAS, the PSA with L.A.D. for remaining portions of work associated with said Purpose is estimated for compensation totaling an amount not to exceed Two Hundred Twenty -Four Thousand Two Hundred Seventy -Three Dollars And Zero Cents ($224,273.00), and Page 5 of 7 WHEREAS, L.A.D. is requesting to amend terms of the PSA, in substantially the form attached as Exhibit "B"; and WHEREAS, the Board of Commissioners of the SEOPW CRA finds that authorizing an amendment to the PSA will further the redevelopment goals and principles of the agency; and WHEREAS, the Board of Commissioners further wish to authorize increasing the existing contract value by an amount not to exceed Two Hundred Twenty -Four Thousand Two Hundred Seventy - Three Dollars And Zero Cents ($224,273.00), thereby allocating a total amount not to exceed Six Hundred Twenty -Four Thousand Two Hundred Seventy -Three Dollars And Zero Cents ($624,273.00) ("Funds") for the Purpose stated herein; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated herein as if fully set forth in this Section. Section 2. The Executive Director is hereby authorized to execute an amendment to the PSA, in substantially the form attached as Exhibit `B," between the SEOPW CRA and L.A.D. for the scope of work defined by the Purpose at the Property as stated herein. Section 3. The Executive Director is hereby authorized to allocate additional funds at his discretion, on a reimbursement basis or directly to vendors, upon presentation of invoices and satisfactory documentation in a total amount not to exceed Six Hundred Twenty -Four Thousand Two Hundred Seventy -Three Dollars And Zero Cents ($624,273.00) from Account No. 10050.920101.531000.0000.00000 titled "SEOPW Professional Services (Other)" for said Purpose to the Property. Section 4. The Executive Director is further authorized to negotiate and execute all other documents, amendments, and extensions, all in forms acceptable to Counsel, subject to allocations, appropriations and budgetary approvals having been previously made, and in compliance with all applicable provisions of the Code of the City of Miami, Florida, as amended, ("City Code") and in compliance with applicable regulations, as may be necessary for said Purpose. Section 5. Sections of this Resolution may be renumbered or re -lettered and corrections of typographical errors which do not affect the intent may be authorized by the Executive Director, or the Executive Director's designee, without need of public hearing, by filing a corrected copy of the same with the City Clerk. Section 6. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Page 6 of 7 ounsel 9/19/2024 Page 7 of 7