HomeMy WebLinkAbout23734AGREEMENT INFORMATION
AGREEMENT NUMBER
23734
NAME/TYPE OF AGREEMENT
SEOPW CRA & A+S ARCHITECT
DESCRIPTION
PROFESSIONAL SERVICES AGREEMENT/SEOPW-CRA'S
BUILDOUR OF ITS LEASED SPACE AT LYRIC POINT/FILE ID:
9400/CRA-R-21-0025
EFFECTIVE DATE
June 19, 2021
ATTESTED BY
TODD B. HANNON
ATTESTED DATE
12/2/2021
DATE RECEIVED FROM ISSUING
DEPT.
12/17/2021
NOTE
a3-134
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is entered into as of the 11 day of ()Of. , 2021 ("Effective
Date") by and between the SOUTHEAST OVERTOWN/PARK WEST COMMUNITY
REDEVELOPMENT AGENCY, of the City of Miami, a public agency and body corporate created
pursuant to Section 163.356, Florida Statutes, (the "SEOPW CRA"), and A+S ARCHITECT,
PLANNERS P.A., a Florida corporation ("Provider").
RECITALS
A. WHEREAS, the SEOPW CRA is responsible for carrying out community
redevelopment activities and projects within its Redevelopment Area in accordance with the
2018 Southeast Overtown/Park West Community Updated Redevelopment Plan, as amended and
restated (the "Updated Plan"); and
B. WHEREAS, on April 15, 2021, the Board of Commissioners, by Resolution No.
CRA-R-21-0006, authorized an allocation of funds not to exceed Seven Hundred Thousand
Dollars ($700,000.00) for the buildout of approximately Seven Thousand (7,000) square feet of
leased retail and/or commercial space at the Lyric Point, located at 101 NW 8th Street, Miami, FL
33136 (the "Project"); and
C. WHEREAS, the SEOPW CRA issued a Request for Qualifications ("RFQ") No.
15-04 on April 7, 2015 for the provision of miscellaneous architectural services, in accordance
with Section 287.055, Florida Statutes, (Consultants' Competitive Negotiation Act, hereinafter
referred to as "CCNA") for SEOPW CRA owned properties, and Provider's proposal ("Proposal"),
in response thereto, was accepted as one of the most qualified for the provision of said Services,
by Resolution No. CRA-15-0030, hereby attached as Exhibit "A"; and
D. WHEREAS, the SEOPW CRA requires architectural plans in order to proceed with
the Project ("Services"); and
E. WHEREAS, the Board of Commissioners, by Resolution No. CRA-R-21-0025,
attached hereto as Exhibit "B," passed and adopted on July 22, 2021, authorized the SEOPW
CRA's Executive Director to enter into an agreement with Provider to perform the Services; and
F. WHEREAS, Provider wishes to perform the Services and the SEOPW CRA wishes
to engage the services of Provider on the terms and conditions set forth herein;
NOW, THEREFORE, in consideration of the mutual covenants and promises herein
contained, Provider and the SEOPW CRA agree as follows:
TERMS
1. RECITALS. The recitals are true and correct and are hereby incorporated into and
made a part of this Agreement.
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2. TERM. The term of this Agreement shall commence on the Effective Date written
above and shall continue for one (1) year. In the event the Provider is engaged in the Services at
the expiration of the Agreement, then this Agreement shall remain in effect until completion or
termination of the Services.
3. SCOPE OF SERVICES.
a. Provider agrees to provide the Services specifically set forth in Exhibit "C"
attached hereto and incorporated herein.
b. Provider represents and warrants to the SEOPW CRA that: (i) it possesses
all qualifications, licenses, and expertise required for the performance of the services in connection
with the Services; (ii) it is not delinquent in the payment of any sums due to the SEOPW CRA or
the City of Miami, including payment of permit fees, occupational licenses, etc., nor in the
performance of any obligations to the SEOPW CRA or the City of Miami; (iii) all personnel
assigned to perform Services are, and shall be, at all times during the term hereof, fully qualified,
licensed, and trained to perform the tasks assigned to each; and (iv) the Services will be performed
in the manner described in Exhibit "C".
c. Provider agrees that it will not retain the services of additional
subcontractors without obtaining the approval of the SEOPW CRA which may be withheld in
SEOPW CRA's sole discretion. Notwithstanding SEOPW CRA's approval rights hereunder,
Provider acknowledges and covenants that it shall be responsible for all services performed by its
subcontractors to the same extent as if Provider had provided said services.
4. COMPENSATION.
a. Provider's Fee Schedule. The amount of compensation payable by the SEOPW CRA to
Provider shall be based on the schedule described in Exhibit "C" attached hereto and incorporated
herein; provided, however, that in no event shall the total amount of compensation, paid to Provider
for the Services Fifty Thousand Dollars and No Cents ($50,000.00).
b. Method of Payment. All payments due hereunder shall be made within
thirty (30) days after receipt of Provider's invoice, which shall be accompanied by sufficient
supporting documentation and contain sufficient detail, to allow a proper audit of expenditures,
should the SEOPW CRA require one to be performed. Failure by Provider to comply with this
Section may cause a delay in payment by the SEOPW CRA.
5. TIME FOR COMPLETION. Provider agrees to complete the Services in
accordance with Exhibit "C". Any specific Service -related task described in Exhibit "C" shall
commence within seven (7) days of written to notice by the SEOPW CRA to Provider.
6. AUDIT RIGHTS. The SEOPW CRA may, at reasonable times, and for a period
of up to three (3) years following the date of final payment by the SEOPW CRA to Provider under
this Agreement, audit, or cause to be audited, those books and records of Provider which are related
to Provider's performance under this Agreement. Provider agrees to maintain all such books and
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records at its principal place of business for a period of three (3) years after final payment is made
under this Agreement.
7. AWARD OF AGREEMENT. Provider represents and warrants to the SEOPW
CRA that it has not employed or retained any person or company employed by the SEOPW CRA
to solicit or secure this Agreement and that it has not offered to pay, paid, or agreed to pay any
person any fee, commission, percentage, brokerage fee, or gift of any kind contingent upon, or in
connection with, the award of this Agreement.
8. OWNERSHIP OF DOCUMENTS. Provider understands and agrees that any
rendering, information, document, report, or any other material whatsoever which is given by the
SEOPW CRA to Provider or which is otherwise obtained or prepared by Provider pursuant to or
under the terms of this Agreement is and shall at all times remain the property of the SEOPW
CRA. Provider agrees not to use any such rendering, information, document, report, or material
for any other purpose whatsoever without the written consent of the SEOPW CRA, which may be
withheld or conditioned by the SEOPW CRA in its sole discretion.
9. PUBLIC RECORDS.
a. Provider understands that the public shall have access, at all reasonable
times, to all documents and information pertaining to the SEOPW CRA contracts, subject to the
provisions of Chapter 119, Florida Statutes, and agrees to allow access by the SEOPW CRA and
the public to all documents subject to disclosure under applicable law. Provider's failure or refusal
to comply with the provisions of this section shall result in the immediate termination of this
Agreement by the SEOPW CRA.
b. Provider shall additionally comply with Section 119.0701, Florida Statutes,
including without limitation: (1) keep and maintain public records that ordinarily and necessarily
would be required by the SEOPW CRA to perform this service; (2) provide the public with access
to public records on the same terms and conditions as the SEOPW CRA would at the cost provided
by Chapter 119, Florida Statutes, or as otherwise provided by law; (3) ensure that public records
that are exempt or confidential and exempt from disclosure are not disclosed except as authorized
by law; (4) meet all requirements for retaining public records and transfer, at no cost, to the
SEOPW CRA all public records in its possession upon termination of this Agreement and destroy
any duplicate public records that are exempt or confidential and exempt from disclosure
requirements; and (5) provide all electronically stored public records that must be provided to the
SEOPW CRA in a format compatible with the SEOPW CRA's information technology systems.
Notwithstanding the foregoing, Provider shall be permitted to retain any public records that make
up part of its work product solely as required for archival purposes, as required by law, or to
evidence compliance with the terms of the Agreement.
c. Should Provider determine to dispute any public access provision required
by Florida Statutes, then Provider shall do so at its own expense and at no cost to the SEOPW
CRA. IF THE PROVIDER HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE PROVIDER'S DUTY TO PROVIDE
PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN
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OF PUBLIC RECORDS AT 305-679-6800, smanrique@miamigov.com, or 819 NW 2nd
Avenue, 3rd Floor, Miami, Florida 33136).
10. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS. Provider
understands that agreements between private entities and local governments are subject to certain
laws and regulations, including laws pertaining to public records, conflict of interest, record
keeping, etc., the SEOPW CRA and Provider agree to comply with and observe all applicable
federal, state and local laws, rules, regulations, codes, and ordinances, as may be amended from
time to time.
11. SPECIFIC PERFORMANCE. In the event of breach of this Agreement by the
SEOPW CRA, Provider may only seek specific performance of this Agreement and any recovery
shall be limited to the amount set forth in Sections 4(a) and 4(b) of this Agreement. In no event
shall the SEOPW CRA be liable to Provider for any additional compensation, other than that
provided herein, or for any consequential or incidental damages, or attorney's fees.
12. LIMITATION OF LIABILITY. No officer, employee, agent, or principal,
whether disclosed or undisclosed, of the SEOPW CRA shall have any personal liability with
respect to any of the provisions of this Agreement. Any liability of the SEOPW CRA under this
Agreement shall be subject to the limitations imposed by Section 768.28, Florida Statutes.
13. INDEMNIFICATION. Provider shall indemnify, defend, and hold harmless the
SEOPW CRA and the City of Miami, its officials, employees, and agents (collectively referred to
as "Indemnities") from and against any and all loss, costs, penalties, fines, damages, claims,
expenses (including attorney's fees), causes of action, or liabilities (collectively referred to as
"Liabilities") arising out of, resulting from, or in connection with: (i) the performance or non-
performance contemplated by this Agreement which is or is alleged to be directly or indirectly
caused, in whole or in part, by any act, omission, default, or negligence (whether active or passive)
of Provider or its employees, agents, or subcontractors (collectively referred to as "Provider"); (ii)
the failure of Provider to comply with any of the paragraphs here; (iii) the failure of Provider to
conform to statutes, ordinances, or other regulations or requirements of any governmental
authority, federal or state, in connection with the performance of this Agreement; or (iv) the
defense of any such claim or in the investigation thereof. Provider expressly agrees to indemnify
and hold harmless the Indemnities, or any of them, from and against all Liabilities which may be
asserted by an employee or former employee of Provider, or any of its subcontractors, as provided
above, for which Provider's liability to such employee or former employee would otherwise be
limited to payment under state Workers' Compensation or similar laws.
12. INSURANCE. Provider shall, at all times during the term hereof, maintain such
insurance coverage as provided in Exhibit "D" attached hereto and incorporated herein. All such
insurance, including renewals, shall be subject to the approval of the SEOPW CRA and the City
of Miami (which approval shall not be unreasonably withheld) for adequacy of protection and
evidence of such coverage shall be furnished to the SEOPW CRA on Certificates of Insurance
indicating such insurance to be in force and effect and providing that it will not be canceled, or
materially changed during the performance of Services under this Agreement without thirty (30)
calendar days prior written notice (or in accordance to policy provisions) to the SEOPW CRA.
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Completed Certificates of Insurance shall be filed with the SEOPW CRA, to the extent practicable,
prior to the performance of Services hereunder, provided, however, that Provider shall at any time
upon request by the SEOPW CRA file duplicate copies of the policies of such insurance with the
SEOPW CRA.
If, in the reasonable judgment of the SEOPW CRA, prevailing conditions warrant the
provision by Provider of additional liability insurance coverage or coverage which is different in
kind, the SEOPW CRA reserves the right to require the provision by Provider of an amount of
coverage different from the amounts or kind previously required and shall afford written notice of
such change in requirements thirty (30) days prior to the date on which the requirements shall take
effect. Should Provider fail or refuse to satisfy the requirement of changed coverage within thirty
(30) days following the SEOPW CRA's written notice, this Agreement shall be considered
terminated on the date the required change in policy coverage would otherwise take effect. Upon
such termination, the SEOPW CRA shall pay Provider compensation for services rendered, and
expenses incurred, prior to the date of termination but shall not be liable to Provider for any
additional compensation, or for any consequential or incidental damages.
13. DEFAULT. If Provider fails to comply with any term or condition of this
Agreement, or fails to perform any of its obligations hereunder, then Provider shall be in default.
Upon the occurrence of a default hereunder, the SEOPW CRA, in addition to all remedies available
to it by law, may immediately, upon written notice to Provider, terminate this Agreement
whereupon all payments, or other compensation paid by the SEOPW CRA to Provider while
Provider was in default shall be immediately returned to the SEOPW CRA. Provider understands
and agrees that termination of this Agreement under this section shall not release Provider from
any obligation accruing prior to the effective date of termination. Should Provider be unable or
unwilling to commence to perform Services within the time provided or contemplated herein, then,
in addition to the foregoing, Provider shall be liable to the SEOPW CRA for all expenses
incurred by the SEOPW CRA in preparation and negotiation of this Agreement, as well as all costs
and expenses incurred by the SEOPW CRA in the re -procurement of Services, including
consequential and incidental damages.
14. DISPUTES. Provider understands and agrees that all disputes between Provider
and the SEOPW CRA based upon an alleged violation of the terms of this Agreement by the
SEOPW CRA shall be submitted to the SEOPW CRA's Executive Director for resolution, prior to
Provider being entitled to seek judicial relief in connection therewith.
15. CRA'S TERMINATION RIGHTS.
a. The SEOPW CRA shall have the right to terminate this Agreement, in its
sole discretion, at any time, by giving written notice to Provider at least five (5) calendar days prior
to the effective date of such termination. In such event, the SEOPW CRA shall pay to Provider
compensation for services rendered and expenses incurred prior to the effective date of
termination. Such payment shall be determined on the basis of the hours or the percentage of the
total work performed by Provider up to the time of termination certified in accordance with the
provisions of this Agreement. In the event partial payment has been made for professional services
not performed, Provider shall return such sums to the SEOPW CRA within ten (10) days after
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receipt of written notice that said sums are due. In no event, shall the SEOPW CRA be liable to
Provider for any additional compensation, other than that provided herein, nor for any
consequential or incidental damages.
b. The SEOPW CRA may terminate this Agreement, without notice to
Provider, upon the occurrence of an event of default hereunder. In such event, the SEOPW CRA
shall not be obligated to pay any amounts to Provider, and Provider shall reimburse to the SEOPW
CRA all amounts received while Provider was in default under this Agreement.
16. FORUM. In case of any controversy or dispute arising out of this Agreement, both
parties agree and accept to be subject to the jurisdiction and competence of the Administrative
Authorities and Courts in Miami -Dade County Florida as the exclusive forum for such controversy
or disputes forsaking any other jurisdiction which either party may otherwise be entitled to claim.
17. NON-DISCRIMINATION. Provider represents and warrants to the SEOPW
CRA that Provider does not and will not engage in discriminatory practices and that there shall be
no discrimination in connection with Provider's performance under this Agreement on account of
race, color, sex, religion, age, handicap, marital status, or national origin. Provider further
covenants that no otherwise qualified individual shall, solely by reason of his/her race, color, sex,
religion, age, handicap, marital status, or national origin, be excluded from participation in, be
denied services, or be subject to discrimination under any provision of this Agreement.
18. CONFLICT OF INTEREST.
a. Provider is aware of the conflict of interest laws of the City of Miami
(Miami City Code Chapter 2, Article V), Miami -Dade County, Florida (Miami -Dade County
Code, Section 2-11.1 et. seq.) and of the State of Florida as set forth in the Florida Statutes, and
agrees that it will fully comply in all respects with the terms of said laws and any future
amendments thereto.
b. Provider covenants that no person or entity under its employ, presently
exercising any functions or responsibilities in connection with this Agreement, has any personal
financial interests, direct or indirect, with the SEOPW CRA. Provider further covenants that, in
the performance of this Agreement, no person or entity having such conflicting interest shall be
utilized in respect to services provided hereunder. Any such conflict of interest(s) on the part of
Provider, its employees or associated persons, or entities must be disclosed in writing to the
SEOPW CRA.
c. Provider shall decline proffered employment by another client(s) if the
exercise of Provider's independent professional judgment on behalf of the SEOPW CRA, on any
matter directly related to Services, will be or is likely to be adversely affected by the acceptance
of such proffered employment; provided, however, that Provider may represent a client(s) with an
interest adverse to the SEOPW CRA if the subject matter of such representation is not related to
Services described in this Agreement and if the SEOPW CRA waives any conflict or alleged
conflict with respect to such representation. Should Provider request the SEOPW CRA's waiver
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of any conflict of interest, Provider shall provide the SEOPW CRA, in writing, all information
pertaining to such potential conflict for the SEOPW CRA's evaluation.
d. Provider shall not delegate the substantive obligations to be undertaken
hereunder to any person or entity who exercises any functions or responsibilities on his/her
personal behalf or on behalf of any other client(s) if the subject matter of such representation is
related to Services and if such representation will or is likely to compete with the interests of the
SEOPW CRA, or adversely affect the interests of the SEOPW CRA and the obligations undertaken
by Provider hereunder.
19. ASSIGNMENT. This Agreement shall not be assigned by Provider, in whole or
in part, without the prior written consent of the SEOPW CRA, which may be withheld or
conditioned, in the SEOPW CRA's sole discretion.
20. NOTICES. All notices or other communications required under this Agreement
shall be in writing and shall be given by hand -delivery or by registered or certified U.S. Mail,
return receipt requested, addressed to the other party at the address indicated herein or to such
other address as a party may designate by notice given as herein provided. Notice shall be deemed
given on the day on which personally delivered; or, if by mail, on the fifth (5th) day after being
posted or the date of actual receipt, whichever is earlier.
To Provider: A+S Architect, Planners, P.A.,
3045 N.W. 49th Street,
Miami, FL 33142
Attn: Derrick W. Smith, Principal
To CRA: Southeast Overtown/Park West Community Redevelopment Agency
819 N.W. 2nd Avenue, 3rd Floor
Miami, FL 33136
Attn: Cornelius Shiver, Executive Director
With copy to: Anna -Bo Emmanuel, Esq., Chief Legal Counsel
With copy to: Brian Zeltsman, Director of Architecture & Development
21. CHOICE OF LAW. This Agreement shall be construed and enforced according
to the laws of the State of Florida.
22. CAPTIONS. The captions or headings of the Sections and other subdivisions
hereof are inserted only as a matter of convenience or for reference and shall have no effect on the
meaning of the provisions hereof.
23. WAIVER. No waiver or breach of any provision of this Agreement shall constitute
a waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall
be effective unless made in writing.
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24. SEVERABILITY. Should any provision, paragraph, sentence, word, or phrase
contained in this Agreement be determined by a court of competent jurisdiction to be invalid,
illegal or otherwise unenforceable under the laws of the State of Florida or the City of Miami, such
provision, paragraph, sentence, word, or phrase shall be deemed modified to the extent necessary
in order to conform with such laws, or if not modifiable, then same shall be deemed severable, and
in either event, the remaining terms and provisions of this Agreement shall remain unmodified and
in full force and effect or limitation of its use.
25. CONSTRUCTION. Should the provisions of this Agreement require judicial or
arbitral interpretation, it is agreed that the judicial or arbitral body interpreting or construing the
same shall not apply the assumption that the terms hereof shall be more strictly construed against
one party by reason of the rule of construction that an instrument is to be construed more strictly
against the party which itself or through its agents prepared same, it being agreed that the agents
of both parties have equally participated in the preparation of this Agreement.
26. THIRD -PARTY BENEFICIARY. No provision of this Agreement shall, in any
way, inure to the benefit of any third parties so as to make any such third party a beneficiary of
this Agreement, or of any one or more of the terms hereof, or otherwise give rise to any cause of
action in any party not a party hereto.
27. SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon the
parties hereto, their heirs, executors, legal representatives, successors, or assigns.
28. INDEPENDENT CONTRACTOR. Provider has been procured and is being
engaged to provide services to the SEOPW CRA as an independent contractor, and not as an agent
or employee of the SEOPW CRA. Accordingly, the SEOPW CRA shall not attain, nor be entitled
to, any rights or benefits under the Civil Service or Pension Ordinances of the City of Miami, nor
any rights generally afforded its classified or unclassified employees. Provider further understands
that Florida Workers' Compensation benefits available to employees of the SEOPW CRA are not
available to Provider, and agrees to provide workers' compensation insurance for any employee
or agent of Provider rendering Services to the SEOPW CRA under this Agreement.
29. CONTINGENCY CLAUSE. Funding for this Agreement is contingent on the
availability of funds, and the Agreement is subject to amendment or termination due to lack of
funds, reduction of funds, or change in regulations.
30. MERGER. This Agreement and its attachments constitute the sole and only
agreement of the parties relating to the subject matter hereof and correctly set forth the rights,
duties, and obligations of each to the other as of its date. Any prior agreements, promises,
negotiations, or representations not expressly set forth in this Agreement are of no force or effect.
31. AMENDMENT AND RESCISSION. This Agreement shall not be modified or
rescinded except by written instrument setting forth such modification or rescission signed by all
parties hereto.
32. FORCE MAJEURE.
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a. "Force Majeure" shall mean an act of God, epidemic, lightning, earthquake,
fire, explosion, hurricane, flood or similar occurrence, strike, an act of public enemy, or blockade,
insurrection, riot, civil disturbance or similar occurrence, which has a material effect or adverse
impact on the performance of this Agreement, and which cannot be avoided despite the exercise
of due diligence. The term "Force Majeure" DOES NOT INCLUDE inclement weather (except
as noted above) or the acts or omissions of subconsultants/subcontractors, third -party
consultants/contractors, materialmen, suppliers, or their subcontractors, unless such acts or
omissions are otherwise encompassed by the definition set forth above.
b. No party hereto shall be liable for its failure to carry out its obligations under
the Agreement during a period when such party is rendered unable, in whole or in part, by Force
Majeure to carry out such obligations, but the obligation of the party or parties relying on such
Force Majeure shall be suspended only during the continuance of any inability so caused and for
no longer period of said unexpected or uncontrollable event, and such cause shall, so far as
possible, be remedied with all reasonable dispatch.
c. It is further agreed and stipulated that the right of any party hereto to excuse
its failure to perform by reason of Force Majeure shall be conditioned upon such party giving, to
the other party or parties, written notice of its assertion that a Force Majeure delay has occurred as
soon as practicable after the occurrence but not later than ten (10) working days after the
occurrence, unless there exists good cause for failure to give such notice, in which event, failure
to give such notice shall not prejudice any party's right to justify any non-performance as caused
by Force Majeure unless the failure to give timely notice causes material prejudice to the other
party or parties.
33. COUNTERPARTS. This Agreement may be executed in two or more
counterparts, each of which shall constitute an original but all of which, when taken together, shall
constitute one and the same agreement.
34. MISCELLANEOUS.
a. In the event of any litigation between the parties under this Agreement, the
parties shall bear their own attorneys' fees and costs at trial and appellate levels.
b. Time shall be of the essence for each and every provision of this Agreement.
[SIGNATURES APPEAR ON THE FOLLOWING PAGES]
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IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed
by their respective officials thereunto duly authorized as of the day and year above written.
WITNESSES: A+S ARCHITECT, PLANNERS, P.A., a
Florida Corporation, ("Provider")
By:
Print: Robert L. Tyler
YaI1/e 6dt/en-ez
By: Daniel F. Gutierrez (Nov 17, 202110:56 EST)
Print: Daniel F. Gutierrez
ATTEST:
Clerk of the Board
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
By: Anna -Bo Emmanuel (Nov 17, 202111:14 EST)
Anna -Bo Emmanuel, Esq.
Chief Legal Counsel
By: Derrick W Smith (Nov 10, 2021 14:44 EST)
Derrick W. Smith,
Principal
SOUTHEAST OVERTOWN/PARK WEST
COMMUNITY REDEVELOPMENT
AGENCY of the City of Miami, a public
agency and body corporate created pursuant to
Section 163.356, Florida Statutes ("CRA")
Executive Director
APPROVED AS TO INSURANCE
REQUIREMENTS:
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Frank oyez (Nov 17, 2021 11:09 EST)
)
Anne Marie Sharpe,
Risk Management
Exhibit "A"
Resolution No. CRA-R-21-0025
Southeast Overtown/Park West
Community Redevelopment Agency
Legislation
CRA Resolution: CRA-R-21-0025
File Number: 9400
Final Action Date:7/22/2021
A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE SOUTHEAST
OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY
AUTHORIZING THE EXECUTION OF A PROFESSIONAL SERVICES
AGREEMENT WITH A+S ARCHITECTS, PLANNERS P.A., INC., IN AN AMOUNT
NOT TO EXCEED $50,000.00, TO UNDERWRITE COSTS ASSOCIATED WITH
ARCHITECTURAL AND ENGINEERING SERVICES FOR THE SEOPW CRA'S
BUILDOUT OF ITS LEASED SPACE AT LYRIC POINT; FUNDS ALLOCATED
FROM SEOPW — "OTHER GRANT AND AIDS" ACCOUNT
10050.920101.883000.0000.00000.
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 Redevelopment Updated Plan (the "Updated Plan"); and
WHEREAS, Lyric Point is a mixed -use property located on NW 8th Street and NW 1st
Avenue comprising 55, 070 square feet in total. The SEOPW CRA has 7,000 square feet of
leased space in Lyric Point for the buildout of the of a restaurant, retail space, business
assistance center, and a media production studio, for businesses located within the
Redevelopment Area; and
WHEREAS, On April 15, 2021, the SEOPW CRA Board of Commissioners passed and
adopted Resolution No. CRA-R-21-0006 authorizing the buildout for of its leased space at Lyric
Point (the "Project"), and engaging professional architectural and engineering services is
necessary to proceed with the buildout process; and
WHEREAS, on July 27, 2015, the SEOPW CRA Board of Commissioners passed and
adopted Resolution No. CRA-R-15-0030, accepted the recommendation of A+S as one of the
selected firms for architectural services for miscellaneous CRA projects subject to board
approval for professional services agreements for each project; and
WHEREAS, the SEOPW CRA has entered into negotiations with A+S, pursuant to CRA-
R-15-003, in an amount not to exceed $50,000.00, to provide architectural services for the
Project, and now seeks to enter into a professional services agreement with A+S; and
WHEREAS, under Florida Statutes, Section 163.340(9) of the Community
Redevelopment Act, (the "Act"), "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
WHEREAS, Section 2, Goal 2 at page 10 of the Updated Plan lists "[e]xpand[ing] the
Tax Base using Public -Privates principles...for sound real estate ... development, and creating
viable commercial corridors within the SEOPW CRA..." as a stated redevelopment goal; and
City of Miami Page 1 of 2 File ID: 9400 (Revision:) Printed On: 7/24/2021
File ID: 9400 Enactment Number: CRA-R-21.0025
WHEREAS, Section 2, Goal 4 at page 10 of the Updated Plan lists the creation "of jobs
within the community; by targeting commercial...ventures that will provide life sustainable jobs
to residents in the Overtown community" as a stated redevelopment goal; and
WHEREAS, the Board of Commissioners wishes to authorize the execution of a
professional services agreement with A+S in an amount not to exceed $50,000.00, to
underwrite costs associated with the Project; and
WHEREAS, the Board of Commissioners finds that authorizing this Resolution would
further the SEOPW CRA redevelopment goals and objectives.
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 Board of Commissioners hereby authorizes the execution of a
professional services agreement with A+S Architects, Planners P.A., in an amount not to
exceed $50,000.00, to underwrite costs associated with architectural and engineering services
for the SEOPW CRA's buildout of its leased space at Lyric Point.
Section 3. The Executive Director is authorized to execute all documents necessary
for said purpose.
Section 4. The Executive Director is authorized to disburse funds, at his discretion,
on a reimbursement basis or directly to vendors, upon presentation of invoices and satisfactory
documentation.
Section 5. $50,000.00 allocated from SEOPW — "Other Grant and Aids' Account
Code No. 10050.920101.883000.0000.00000.
Section 6. This Resolution shall become e adiately upon its adoption.
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
Anna -Bo mmanuel,}lrhief Legal Counsel 7/15/2021
City of Miami Page 2 of 2 File ID: 9400 (Revision:) Printed on: 7/24/2021
Exhibit "B"
Scope of Work
A+S
ARCHITECTS, PLANNERS P.A.
June 7, 2021
Mr. Brian Zeltsman, RA
Director of Architecture and Development
Southeast Overtown /Park West, Community Redevelopment Agency
819 N.W. 2nd Avenue
Miami, Florida 33136
A + S Architects, Planners P. A. (The Architects) submits this proposal for architectural
& engineering services for the tenant buildout of 4 spaces in the existing new commercial
building located at 101 Northwest 8th Street, Miami, Florida 33136.
Description of Project
The project is to do architectural and engineering design and construction documents for
the tenant build -out of the approx. 7,100 sq. ft. space listed above. The new renovated
area will be divided into 4 new tenant spaces, 1.A restaurant with full kitchen, 2,570 sq.ft.
2. A Business Resource Center office space, 2,166 sq.ft. 3.A Media Design Group office
space, 1,044 sq. ft. 4. A Retail T-Shirt Shop at 978 sq,ft. and 336 sq.ft service area.
This proposal is based on the project design sketch layout supplied by the client and the
discussions at a preliminary meeting and initial site visit to the project site. The architects
will conduct an initial programming phase to verify the required square footages and
establish actual required rooms and space relationships and adjacencies.
This is a major full buildout and will require electrical, mechanical/HVAC, plumbing,
fire protection as well as specialty restaurant equipment needs, (grease trap, exhaust
systems etc.) This proposal does not include the actual exhaust hood design drawings.
Scope of Basic Services
The architects will conduct on site visits to the future tenants existing offsite facilities
to help ascertain a better understanding of their current working methods and space
requirements. The architects will retain MEP engineers as part of the design team. The
design team will prepare design and construction documents for the complete project
described above. The architects will use the existing condition drawings supplied by the
client to make new background drawings -floor plans, elevations and sections. The project
will be developed with the clients using a standard phased review and approval process.
This will include programming, preliminary/schematic design, design development and
construction documents. The design team will also coordinate with specialty restaurant
equipment consultants and providers. All drawings will meet the requirements of the
latest edition of the Florida Building Code. Once the project drawings are complete and
are submitted for permitting the design team will address all plan processing comments
from the local building and permitting authorities until complete plan approval has been
achieved. However the initial plan submittal and day to day processing is by the client,
contractor or plan expeditor. The scope of design services will be completed in a time
frame to be approved by the client. Deliverable drawings shall include:
3045 N.W. 49th Street, Miami, Florida 33142, PH 305-635-1557, AplusSARC@msn.com
A+S
ARCHITECTS, PLANNERS P.A.
Architectural: existing site -plan, existing floorplan, sections and elevations, new
site -plan, area plans, new floor plans, reflected ceiling plans, life safety
plan, new building sections, enlarged detailed interior restroom plans and
elevations, enlarged kitchen plans and elevations, schematic furniture
layouts, detail interior wall sections, room finish schedules, new door
schedules, restaurant bar & interior walls elevations, hardware schedules,
plumbing fixture, appliance and equipment schedules, toilet accessories
schedules, concrete floor details, misc. details, general notes, minor specs.
MEP: Mechanical — HVAC plans 4 separate spaces, energy calculations, unit
schedules, details, notes
Electrical — electrical power & lighting plans, load calculations, panel
schedules, riser diagram, details, notes.
Plumbing — water & sanitary plans, grease trap plumbing, gas piping,
fixture counts, details, notes.
Fire protection — complete system drawings, details, notes.
Compensation
For the performance of the scope of service listed above our fee will be a stipulated
sum of FORTY SEVEN THOUSAND DOLLARS, $47,000.00.
The schedule of payments will be as follows:
Initial Payment Deposit/Retainer- $ 4,000.00
Project programing (room size -verification & adjacency) $ 4,000.00
Schematic Design (architectural codes & space planning) $ 8,000.00
Design Development (engineering coordination) 50% $ 9,000.00
Construction Documents 100% $ 17,000.00
Permitting $ 2,500.00
Construction Supervision (Architectural) $ 2,500.00
TOTAL $ 47,000.00
Fee Breakdown
Architectural - retail & office $11,600.00, Restaurant $14,000.00 ..$ 25,600.00
MEP Engineering - restaurant $9.000.00, large office $6,000,00
small office $3,200.00, retail space $3,200.00 $ 21,400.00
The above stipulated fee does not include the following reimbursable expenses:
reproduction cost (printing), mailing, 3D renderings, models, -long distance telephone,
express couriers, detail interior/cabinet design, travel, consultant construction site visits.
Payments are due at the end of each phase, before the start of the next or billed monthly
based on work completed. Construction Documents phase due upon receipt of plans.
3045 N.W. 49th Street, Miami, Florida 33142, PH 305-635-1557, AplusSARC@msn.com
A+S
ARCHITECTS, PLANNERS P.A.
Additional services beyond the described Scope of Basic Services and design
changes made after previous client approval shall be billed at a rate of
$180.00 per hour or at a flat rate to be approved by the Client and Architect.
This agreement may be terminated by either party upon not less than seven (7)
days written notice should the other party fail substantially to perform in accordance
with the terms of this agreement through no fault of the party initiating the termination.
The Architects shall be compensated for all services performed up to that date.
Owner Responsibilities
The Owner shall provide fullinformation regarding the status of the property including:
existing as built building plans, a current topographic/boundary survey, location of any
underground utilities, geotechnical/percolation and soil bearing reports, The
Owner/Contractor shall make the initial plan processing submittals to the local permitting
agencies and day to day submittals.
Conclusion
A + S Architects, Planners P.A. looks forward to working with you on the plans for
the build -out of the new Tenant Spaces at Lyric Point Complex and will do our very
best to make it a complete success.
Sincerely,
Derrick W. Smith
Principal A + S Architects, Planners P.A.
All parties are in agreement with the terms as set forth above:
This Agreement entered into as of JUNE EIGHT (8) in the year
TWO Tf1.OUi3AND TWENTYONE (2021).
Mr. Brian Zeltsman
Director of Architecture
Date 6/16/2021
Derrick W. Smith
Principal, A+S rchitects, Planners P.A.
Date %f i3
2Z/
3045 N.W. 49th Street, Miami, Florida 33142, PH 305-635-1557, AplusSARC@msn.com
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2,143
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STORAGE
245 SQ.FT.
RESTAURANT
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2,568 SQ.FT.
1,043
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SPACE
560 SQ.FT.
RETAIL
SPACE
980 SQ.FT.
Exhibit "C"
Insurance Requirements
INSURANCE REQUIREMENTS — A + S ARCHITECT PROFESSIONAL
SERVICES AGREEMENT
I. Commercial General Liability
A. Limits of Liability
Bodily Injury and Property Damage Liability
Each Occurrence $1,000,000
General Aggregate Limit $ 2,000,000
Personal and Adv. Injury $ 1,000,000
Products/Completed Operations $ 1,000,000
B. Endorsements Required
City of Miami & SEOPW CRA listed as additional insured
Contingent & Contractual Liability
Premises and Operations Liability
Primary Insurance Clause Endorsement
a. City of Miami
444 SW 2nd Avenue
Miami, Florida 33130
Attn: Risk Management
b. Southeast Overtown/Park West Community
Redevelopment Agency
819 NW 2nd Avenue, 3rd Floor
Miami, Florida 33136
II. Business Automobile Liability
A. Limits of Liability
Bodily Injury and Property Damage Liability
Combined Single Limit
Owned/Scheduled Autos
Including Hired, Borrowed or Non -Owned Autos
Any One Accident $ 1,000,000
B. Endorsements Required
City of Miami and SEOPW CRA listed as an additional insured
III. Worker's Compensation
Limits of Liability
Statutory -State of Florida
Waiver of Subrogation
Employer's Liability
A. Limits of Liability
$100,000 for bodily injury caused by an accident, each accident
$100,000 for bodily injury caused by disease, each employee
$500,000 for bodily injury caused by disease, policy limit
IV. Professional Liability/Errors and Omissions Coverage
Combined Single Limit
Each Claim $1,000,000
General Aggregate Limit $1,000,000
Retro Date Included
V. Network Security and Privacy Injury (Cyber Liability) If Applicable
Each Claim $1,000,000
Policy Aggregate $1,000,000
Retro Date Included
Consultant agrees to maintain professional liability/Errors & Omissions
coverage, along with Network Security and Privacy Injury (Cyber) coverage,
if applicable, for a minimum of 1 year after termination of the contract period
subject to continued availability of commercially reasonable terms and
conditions of such coverage.
The above policies shall provide the City of Miami with written notice of
cancellation or material change from the insurer in accordance to policy provisions.
Companies authorized to do business in the State of Florida, with the following
qualifications, shall issue all insurance policies required above:
The company must be rated no less than "A-" as to management, and no less
than "Class V" as to Financial Strength, by the latest edition of Best's Insurance
Guide, published by A.M. Best Company, Oldwick, New Jersey, or its
equivalent. All policies and /or certificates of insurance are subject to review and
verification by Risk Management prior to insurance approval.
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