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Home My WebLink AboutSEOPW CRA 2025-07-24 Agenda PacketCity of Miami 819 NW 2nd Ave 3rd Floor Miami, FL 33136 www.seopwcra.com Meeting Agenda Thursday, July 24, 2025 10:00 AM City Hall 3500 Pan American Drive Miami, FL 33133 SEOPW Community Redevelopment Agency Christine King, Chair, District Five Miguel Angel Gabela, Board Member, District One Damian Pardo, Board Member, District Two Joe Carollo, Board Member, District Three Ralph "Rafael" Rosado, Board Member, District Four X k k******WW W:Y:Y****iiiiiii SEOPW CRA OFFICE ADDRESS: 819 NW 2ND AVENUE, 3RD FLOOR MIAMI, FL 33136 Phone: (305) 679-6800 www.seopwcra.com Southeast Overtown/Park West CRA Meeting Agenda July 24, 2025 CALL TO ORDER CRA PUBLIC COMMENTS MINUTES APPROVAL CRA RESOLUTION 1. CRA RESOLUTION 17929 A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY ("SEOPW CRA"), WITH ATTACHMENT(S), AUTHORIZING THE ACCESSING OF THE CITY OF MIAMI ("CITY") CONTRACT NO. 985381(28) ("CONTRACT") FOR THE PROVISION OF SECURITY GUARD SERVICES, FOR THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY, PURSUANT TO SECTION 18-111 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), WITH KENT SECURITY SERVICES, INC., A FLORIDA FOR -PROFIT CORPORATION ("KENT SECURITY"), WHICH WAS COMPETITIVELY SOLICITED FOR A TERM OF FIVE (5) YEARS FROM OCTOBER 14, 2020, TO OCTOBER 13, 2025, WITH THE OPTION TO RENEW FOR ONE (1) ADDITIONAL THREE (3) YEAR PERIOD, EXTENDING THE AGREEMENT TO OCTOBER 13, 2028, ON AN AS -NEEDED CONTRACTUAL BASIS, SUBJECT TO ANY EXTENSIONS AND/OR REPLACEMENT CONTRACT(S) BY THE CITY, ALLOCATING FUNDS FROM ACCOUNT NO. 10050.920101.534000.0000.00000, SUBJECT TO THE AVAILABILITY OF FUNDS, AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE A SUPPLEMENTAL AGREEMENT, IN A FORM ACCEPTABLE TO THE GENERAL COUNSEL, FOR SAID PURPOSE, FURTHER AUTHORIZING THE EXECUTIVE DIRECTOR TO NEGOTIATE AND EXECUTE ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND EXTENSIONS, SUBJECT TO ALLOCATIONS, APPROPRIATIONS AND BUDGETARY APPROVAL HAVING BEEN PREVIOUSLY MADE, AND IN COMPLIANCE WITH APPLICABLE PROVISIONS OF THE CITY CODE, INCLUDING, THE CITY OF MIAMI' S PROCUREMENT ORDINANCE, ANTI - DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, IN A FORM ACCEPTABLE TO COUNSEL, AND IN COMPLIANCE WITH APPLICABLE REGULATIONS, AS MAY BE NECESSARY FOR SAID PURPOSE; PROVIDING FOR THE INCORPORATION OF RECITALS AND AN EFFECTIVE DATE. File # 17929 - Exhibit A City ofMianai Page 2 Printed on 7/17/2025 Southeast Overtown/Park West CRA Meeting Agenda July 24, 2025 2. CRA RESOLUTION 17930 A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY ("SEOPW CRA"), WITH ATTACHMENT(S), ESTABLISHING THE PUBLIC ART ACTIVATION AND BEAUTIFICATION GRANT PROGRAM ("PROGRAM"), AUTHORIZING THE ALLOCATION OF AN AMOUNT NOT TO EXCEED TWO HUNDRED THOUSAND DOLLARS AND ZERO CENTS ($200,000.00) ("FUNDS") FROM ACCOUNT NO. 10051.920101.883000.0000.00000 - OTHER GRANT AIDS / NON-TIF REVENUE FUND FOR THE PROGRAM FOR FISCAL YEAR 2025-2026; FURTHER AUTHORIZING THE EXECUTIVE DIRECTOR TO DISPERSE FUNDS AS A GRANT, AT HIS DISCRETION, ON A REIMBURSEMENT BASIS OR DIRECTLY TO VENDORS, UPON PRESENTATION OF INVOICES AND SATISFACTORY DOCUMENTATION, SUBJECT TO THE AVAILABILITY OF FUNDING; FURTHER AUTHORIZING THE EXECUTIVE DIRECTOR TO ADMINISTER THE PROGRAM AND TO NEGOTIATE AND EXECUTE ANY AND ALL AGREEMENTS AND DOCUMENTS NECESSARY, ALL IN A FORM ACCEPTABLE TO COUNSEL; PROVIDING FOR THE INCORPORATION OF RECITALS AND AN EFFECTIVE DATE. City of -Miami Page 3 Printed on 7/17/2025 Southeast Overtown/Park West CRA Meeting Agenda July 24, 2025 3. CRA RESOLUTION 17931 A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY ("SEOPW CRA"), AUTHORIZING THE EXECUTIVE DIRECTOR TO ISSUE A GRANT TO THE CITY OF MIAMI ("CITY") IN AN AMOUNT NOT TO EXCEED THREE MILLION FIVE HUNDRED THOUSAND DOLLARS AND ZERO CENTS ($3,500,000.00) ("FUNDS"), PURSUANT TO THE SEOPW CRA'S REDEVELOPMENT PLAN, FOR COSTS ASSOCIATED WITH THE DEVELOPMENT AND COORDINATION OF THE INTERSTATE 395 ("1-395") HERITAGE TRAIL/SIGNATURE BRIDGE UNDERDECK PROJECT ("PROJECT"), COMMONLY REFERRED TO AS THE REVEREND EDWARD T. GRAHAM HERITAGE TRAIL PROJECT, LOCATED BETWEEN NORTHWEST 3RD AVENUE AND BISCAYNE BAY, MIAMI, FLORIDA AND WITHIN THE BOUNDARIES OF THE SEOPW CRA REDEVELOPMENT AREA, WITH ALL WORK TO BE PERFORMED THROUGH THE FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT") AND THE CITY; FURTHER AUTHORIZING THE EXECUTIVE DIRECTOR TO APPOINT A REPRESENTATIVE FROM THE SEOPW CRA TO BE ADVISED ON ALL PLANS AND PROPOSALS FOR THE PROJECT; AUTHORIZING THE EXECUTIVE DIRECTOR TO DISBURSE FUNDS AS A GRANT, FROM ACCOUNT NO. 10050.920101.891000.0000.00000; FURTHER AUTHORIZING THE EXECUTIVE DIRECTOR TO NEGOTIATE AND EXECUTE ANY AND ALL AGREEMENTS AND DOCUMENTS NECESSARY, ALL IN A FORM ACCEPTABLE TO COUNSEL; PROVIDING FOR THE INCORPORATION OF RECITALS AND AN EFFECTIVE DATE. File # 17931 - Backup City of -Miami Page 4 Printed on 7/17/2025 Southeast Overtown/Park West CRA Meeting Agenda July 24, 2025 4. CRA RESOLUTION 17730 A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY ("SEOPW CRA"), WITH ATTACHMENT(S), AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT ("PSA"), IN SUBSTANTIALLY THE FORM ATTACHED AS EXHIBIT "B," WITH HOOD DESIGN STUDIO, INC., A FOREIGN PROFIT CORPORATION AUTHORIZED TO CONDUCT BUSINESS IN THE STATE OF FLORIDA ("H.D.S."), FOR MAJOR LANDSCAPE ARCHITECTURAL, REDESIGN AND IMPROVEMENT SERVICES ("PURPOSE") FOR THE NORTHWEST 9TH STREET PEDESTRIAN MALL, MIAMI, FLORIDA 33136 ("PROPERTY"), AUTHORIZED PURSUANT TO REQUEST FOR QUALIFICATIONS ("RFQ") NO. 23-01 AND RESOLUTION NO. CRA-R-23-0063, INCREASING THE EXISTING CONTRACT VALUE, IN AN AMOUNT NOT TO EXCEED TWO MILLION SIX HUNDRED THOUSAND DOLLARS AND ZERO CENTS ($2,600,000.00) ("FUNDS"), FOR A TOTAL AMOUNT NOT TO EXCEED TWO MILLION NINE HUNDRED THOUSAND DOLLARS AND ZERO CENTS ($2,900,000.00); ALLOCATING FUNDS FROM ACCOUNT NO. 10050.920101.531000.0000.00000 - "SEOPW PROFESSIONAL SERVICES (OTHER)"; FURTHER AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE ANY AND ALL DOCUMENTS, ALL IN A FORM ACCEPTABLE TO COUNSEL; PROVIDING FOR THE INCORPORATION OF RECITALS AND AN EFFECTIVE DATE. File # 17730 - Exhibit A File # 17730 - Exhibit B File # 17730 - Backup ADJOURNMENT City ofMianai Page 5 Printed on 7/17/2025 4.1 SEOPW Board of Commissioners Meeting July 24, 2025 SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY INTER -OFFICE MEMORANDUM To: Board Chair Christine King Date: July 17, 2025 and Members of the CRA Board File: 17929 From: James McQueen Executive Director Subject: Kent Security Services, Inc. (Security Guard Services for SEOPW CRA) Enclosures: File # 17929 - Exhibit A BACKGROUND: A Resolution of the Board of Commissioners of the Southeast Overtown/Park West Community Redevelopment Agency ("SEOPW CRA"), with attachment(s), authorizing the accessing of the City of Miami ("City") Contract No. 985381(28) ("Contract") for the provision of security guard services for the SEOPW CRA ("Purpose"), pursuant to Section 18-111 of the Code of the City of Miami, Florida, as amended ("City Code"), with Kent Security Services, Inc., a Florida For -Profit Corporation ("Kent Security"), which was competitively solicited for a term of five ( 5) years from October 14, 2020, to October 13, 2025, with the option to renew for one (1) additional three (3) year period, extending the agreement to October 13, 2028, on an as -needed contractual basis, subject to any extensions and/or replacement contract(s) by the City. The Executive Director desires to piggyback off of the City's Contract, attached and incorporated herein as Exhibit "A," with Kent Security for the provision of security guard services by the SEOPW CRA. The use of Kent Security's services are anticipated to be on an as -needed basis for SEOPW CRA-owned properties. It is recommended that the Board of Commissioners of the SEOPW CRA approve and adopt the attached Resolution authorizing the Executive Director to access the City's Contract, on an as -needed contractual basis, for the Purpose stated herein. 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...." FUNDING: Packet Pg. 6 4.1 No funding committed at this time; on as an -needed basis from Account No. 10050.920101.534000.0000.00000 FACT SHEET: Entity name: Kent Security Services, Inc. Summary: Authorization for accessing of the City of Miami Contract No. 985381(28) for the provision of security guard services for the SEOPW CRA . Page 2 of 6 Packet Pg. 7 4.1 AGENDA ITEM FINANCIAL INFORMATION FORM SEOPW CRA CRA Board Meeting Date: July 24, 2025 CRA Section: Approved by: Executive Director 7/17/2025 Approval: Miguel A Valcntlr , iriarce Officer 7/17/2025 Page 3 of 6 Packet Pg. 8 4.1 Southeast Overtown/Park West Community Redevelopment Agency File Type: CRA Resolution Enactment Number: File Number: 17929 Final Action Date: A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY ("SEOPW CRA"), WITH ATTACHMENT(S), AUTHORIZING THE ACCESSING OF THE CITY OF MIAMI ("CITY") CONTRACT NO. 985381(28) ("CONTRACT") FOR THE PROVISION OF SECURITY GUARD SERVICES, FOR THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY, PURSUANT TO SECTION 18-111 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), WITH KENT SECURITY SERVICES, INC., A FLORIDA FOR -PROFIT CORPORATION ("KENT SECURITY"), WHICH WAS COMPETITIVELY SOLICITED FOR A TERM OF FIVE (5) YEARS FROM OCTOBER 14, 2020, TO OCTOBER 13, 2025, WITH THE OPTION TO RENEW FOR ONE (1) ADDITIONAL THREE (3) YEAR PERIOD, EXTENDING THE AGREEMENT TO OCTOBER 13, 2028, ON AN AS -NEEDED CONTRACTUAL BASIS, SUBJECT TO ANY EXTENSIONS AND/OR REPLACEMENT CONTRACT(S) BY THE CITY, ALLOCATING FUNDS FROM ACCOUNT NO. 10050.920101.534000.0000.00000, SUBJECT TO THE AVAILABILITY OF FUNDS, AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE A SUPPLEMENTAL AGREEMENT, IN A FORM ACCEPTABLE TO THE GENERAL COUNSEL, FOR SAID PURPOSE, FURTHER AUTHORIZING THE EXECUTIVE DIRECTOR TO NEGOTIATE AND EXECUTE ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND EXTENSIONS, SUBJECT TO ALLOCATIONS, APPROPRIATIONS AND BUDGETARY APPROVAL HAVING BEEN PREVIOUSLY MADE, AND IN COMPLIANCE WITH APPLICABLE PROVISIONS OF THE CITY CODE, INCLUDING, THE CITY OF MIAMI' S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, IN A FORM ACCEPTABLE TO COUNSEL, 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 ("Redevelopment Area") in accordance with the 2018 Updated Southeast Overtown/Park West Redevelopment Plan (the "Plan"); and WHEREAS, the SEOPW CRA is in need of security services on an as -needed basis; and Page 4 of 6 Packet Pg. 9 4.1 WHEREAS, the City of Miami's ("City") Procurement Department issued Request for Proposals ("RFP") No. 985381(28) for city-wide security guard services, under full and open competition, to obtain proposals from experienced and qualified firms for the provision of said services; and WHEREAS, the City entered into a Professional Services Agreement ("PSA"), attached and incorporated as "Exhibit A," with Kent Security Services Inc., a Florida For -Profit Corporation ("Kent Security"), for the provision of said services; and WHEREAS, pursuant to Section 18-111 of the Code of the City of Miami, Florida, as amended, as adopted by the SEOPW CRA ("City Code"), the City's Chief Procurement Officer has also determined that the awarded contract between Kent Security and the City ("Contract"), was entered into pursuant to a competitive process in compliance with the City's laws, policies, and procedures; and WHEREAS, the Executive Director, pursuant to the City Code, desires to access the City's Contract, for the provision of city-wide security guard services ("Services"), for use by the SEOPW CRA for an initial period of one (1) year with an option to renew for one (1) additional three (3) year period, extending the agreement to October 13, 2028, on an as -needed contractual basis, subject to any extensions and/or replacement contract(s) by the City ("Purpose"); and WHEREAS, the Board of Commissioners finds that authorizing this Resolution would further the SEOPW CRA's redevelopment goals and objectives; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The Executive Director is hereby authorized to access the City Contract for the provision of the Services, pursuant to the City Code, with Kent Security, which was competitively solicited for a term of five (5) years, with the option to renew for one (1) additional three (3) year period, extending the total possible term to October 13, 2028, on an as -needed contractual basis. Section 3. The Executive Director is further authorized' to allocate funds at his discretion, on a reimbursement basis or directly to vendors, upon presentation of invoices and satisfactory documentation from Account No. 10050.920101.534000.0000.00000, on an as -needed contractual basis, subject to the availability of funds, for the Purpose stated herein. Section 4. The Executive Director is further authorized to negotiate and execute a supplemental agreement, in a form acceptable to Counsel. Section 5. 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 approval having been previously made, and in compliance with applicable provisions of the City Code, as amended, including the City's Procurement Ordinance, Anti -Deficiency Act, and Financial Integrity Principles, and in compliance with applicable regulations, as may be necessary for said Purpose. 1 The herein authorization is further subject to compliance with all legal requirements that may be imposed, including but not limited to those prescribed by applicable State law, City Charter and City Code provisions, as adopted by the SEOPW CRA. Page 5 of 6 Packet Pg. 10 4.1 Section 6. signature. This Resolution shall become effective immediately upon its adoption and APPROVED AS TO FORM AND LEGAL SUFFICIENCY: ounsel 7/17/2025 Page 6 of 6 Packet Pg. 11 4.1.a PROFESSIONAL SERVICES AGREEMENT By and Between The City of Miami, Florida And Contractor This Professional Services Agreement ("Agreement") is entered into this 14th day of October , 2020 by and between the City of Miami, a municipal corporation of the State of Florida, whose address is 444 S,W. 2n° Avenue, 10th Floor, Miami, Florida 33130 ("City"), and Kent Security Services, Inc., a corporation, qualified and authorized to do business in the State of Florida, whose principal address is 14600 Biscayne Blvd. North Miami Beach, FL 33181, hereinafter referred to as the ("Contractor"). RECITALS: WHEREAS, the City of Miami issued Request for Proposal (RFP) No. 985381 on September 16, 2019 (attached hereto, incorporated hereby, and made a part of as Exhibit A) to establish a Contract for Security Guard Services, ("Services" as more fully set forth in the scope of work "Scope", attached hereto as Exhibit B) for the City; and Contractor's proposal ("Proposal and Compensation", attached hereto, incorporated hereby, and made part of hereof as Exhibit C), the City's insurance requirements and the Contractor's Certificate of Insurance (attached hereto as Exhibit D), Corporate Resolutions (attached hereto as Exhibit E), in response thereto, has been selected as a qualified proposal for the provision of the Services. WHEREAS, the Evaluation/Selection Committee appointed by the City Manager determined that the Proposal submitted by the Contractor was responsive to the RFP requirements and recommended that the City Manager negotiate with the Contractor; and WHEREAS, the City wishes to engage the Services of the Contractor, and Contractor wishes to perform Services for the City; and Attachment: File # 17929 - Exhibit A (17929 : Kent Security Services, Inc. (Security Guard Services for SEOPW CRA)) Packet Pg. 12 4.1.a WHEREAS, the City and the Contractor desire to enter into this Agreement under the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, Contractor and the City agree as follows: TERMS: 1. RECITALS AND INCORPORATIONS: DEFINITIONS: The recitals are true and correct and are hereby incorporated into and made a part of this Agreement. The City's RFP is hereby incorporated into and made a part of this Agreement and attached hereto as Exhibit "A" The Services and Scope of Work are hereby incorporated into and made a part of this Agreement and attached hereto as Exhibit "B". Compensation to the Contractor as Exhibit "C". The Contractor's Insurance Certificate is hereby incorporated into and made a part of this Agreement as Exhibit "D". The order of precedence whenever there is conflicting or inconsistent language between documents is as follows in descending order of priority: (1) Professional Services Agreement ("PSA"); (2) Addenda/Addendum to the RFP, if any; (3) RFP; and (4) Contractors response, dated October 31, 2019 acknowledging scope of services and pricing component of services and, response to the Request for Proposals. 2. TERM: The Agreement shall become effective on the date on the first page, and shall be for the duration of five (5) years with one (1) option to renew for an additional three (3) year period. The City Manager shall have the option to extend or terminate the Agreement for convenience, that is, for any or no cause pursuant to Section 13. 2 Attachment: File # 17929 - Exhibit A (17929 : Kent Security Services, Inc. (Security Guard Services for SEOPW CRA)) Packet Pg. 13 4.1.a 3. SCOPE OF SERVICES: A. Contractor agrees to provide the Services as specifically described, and under the special terms and conditions set forth in Exhibits "A" and "B" hereto, which by this reference is incorporated into and made a part of this Agreement. B. Contractor represents to the City that: (i) it possesses all qualifications. licenses, certificates, authorizations, and expertise required for the performance of the Services, including but not limited to full qualification to do business in Florida, (ii) it is not delinquent in the payment of any sums due the City, including payment of permits, fees, occupational licenses, etc„ nor in the performance of any obligations or payment of any monies to the City; (iii) all personnel assigned to perform the Services are and shall be, at all times during the term hereof, fully qualified and trained to perform the tasks assigned to each; (iv) the Services will be performed in the manner described in Exhibit "A"; and (v) each person executing this Agreement on behalf of Contractor has been duly authorized to so execute the same and fully bind Contractor as a party to this Agreement. C. Contractor shall at all times provide fully qualified. competent and physically capable employees to perform the Services under this Agreement. The City may require Contractor to remove any employee the City deems careless, incompetent, insubordinate, or otherwise objectionable and whose continued services under this Agreement is not in the best interest of the City. 4, COMPENSATION: Contractor as its sole compensation for the Services provided, shall receive compensation as indicated in Exhibit "C'°, which by this reference is incorporated into and made a part of this Agreement. 3 Attachment: File # 17929 - Exhibit A (17929 : Kent Security Services, Inc. (Security Guard Services for SEOPW CRA)) Packet Pg. 14 4.1.a 5. OWNERSHIP OF DOCUMENTS: Contractor understands and agrees that any information, document, report or any other material whatsoever which is given by the City to Contractor, its employees, or any sub - Contractor, or which is otherwise obtained or prepared by Contractor solely and exclusively for the City pursuant to or under the terms of this Agreement, is and shall at all times remain the property of the City. Contractor agrees not to use any such information, document, report or material for any other purpose whatsoever without the written consent of the City Manager, which may be withheld or conditioned by the City Manager in his/her sole discretion. Contractor is permitted to make and to maintain duplicate copies of the files, records, documents, etc. if Contractor determines copies of such records are necessary subsequent to the termination of this Agreement: however, in no way shall the confidentiality as permitted by applicable law be breached. The City shall maintain and retain ownership of any and all documents which result upon the completion of the work and Services under this Agreement as per the terms of this Section 5. 6. AUDIT AND INSPECTION RIGHTS AND RECORDS RETENTION: A. Contractor agrees to provide access to the City or to any of its duly authorized representatives, to any books, documents, papers, and records of Contractor which are directly pertinent to this Agreement, for the purpose of audit, examination, excerpts, and transcripts. The City may, at reasonable times, and for a period of up to three (3) years following the date of final payment by the City to Contractor under this Agreement, audit and inspect, or cause to be audited and inspected, those books, documents, papers, and records of Contractor which are related to Contractor's performance under this Agreement. Contractor agrees to maintain any and all such books, documents, papers, and records at its principal place of business fora period of three (3) years after final payment is made under this Agreement and all other pending matters are closed. Contractor's failure to adhere to, or refusal to comply with, this condition shall result in the immediate cancellation of this Agreement by the City. 4 Attachment: File # 17929 - Exhibit A (17929 : Kent Security Services, Inc. (Security Guard Services for SEOPW CRA)) Packet Pg. 15 4.1.a B, The City may, at reasonable times during the term hereof, inspect the Contractor's facilities and perform such tests, as the City deems reasonably necessary, to determine whether the goods or services required to be provided by Contractor under this Agreement conform to the terms hereof. Contractor shall make available to the City all reasonable facilities and assistance to facilitate the performance of tests or inspections by City representatives. All tests and inspections shall be subject to, and made in accordance with, the provisions of Section 18-101 and 18-102 of the Code of the City of Miami, Florida as same may be amended or supplemented, from time to time 7. AWARD OF AGREEMENT. Contractor represents and warrants to the City that it has not employed or retained any person or company employed by the City 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. PUBLIC RECORDS: A. Contractor understands that the public shall have access, at all reasonable times, to all documents and information pertaining to City Agreements, subject to the provisions of Chapter 119, Florida Statutes, and agrees to allow access by the City and the public to all documents subject to disclosure under applicable laws. Contractor's failure or refusal to comply with the provisions of this section shall result in the immediate cancellation of this Agreement by the City. B. Contractor 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 City to perform this service; (2) upon request from the City's custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law; (3) ensure that public records that 5 Attachment: File # 17929 - Exhibit A (17929 : Kent Security Services, Inc. (Security Guard Services for SEOPW CRA)) Packet Pg. 16 4.1.a are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if Contractor does not transfer the records to the City; (4) upon completion of the contract, transfer, at no cost, to the City all public records in possession of the Contractor or keep and maintain public records required by the City to perform the service, if the Contractor transfers all public records to the City upon completion of the Agreement, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements, if the Contractor keeps and maintains public records upon completion of the Agreement, the Contractor shall meet all applicable requirements for retaining public records, all records stored electronically must be provided to the City, upon request from the City's custodian of public records, in a format that is compatible with the information technology systems of the City. Notwithstanding the foregoing, Contractor 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 Contractor determine to dispute any public access provision required by Florida Statutes, then Contractor shall do so in accordance with the provisions of chapter 119, Florida Statutes, at its own expense and at no cost to the City. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (305) 416-1800, VIA EMAIL AT PUBLICRECORDS(c MIAMIGOV.COM, OR REGULAR EMAIL AT CITY OF MIAMI OFFICE OF THE CITY ATTORNEY, 444 SW 2ND AVENUE, 9TH FL, MIAMI, FL 33130. THE CONTRACTOR MAY ALSO CONTACT THE Attachment: File # 17929 - Exhibit A (17929 : Kent Security Services, Inc. (Security Guard Services for SEOPW CRA)) Packet Pg. 17 4.1.a RECORDS CUSTODIAN AT THE CITY OF MIAMI DEPARTMENT WHO IS ADMINISTERING THIS CONTRACT. 9. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS: Contractor understands that agreements with local governments are subject to certain laws and regulations, including laws pertaining to public records, conflict of interest, record keeping, etc. City and Contractor agree to comply with and observe all such applicable federal, state and local laws, rules, regulations, codes and ordinances, as they may be amended from time to time. Contractor further agrees to include in all of Contractor's agreements with sub -Contractors for any Services related to this Agreement this provision requiring sub -Contractors to comply with and observe all applicable federal, state, and local laws rules, regulations, codes and ordinances, as they may be amended from time to time. 10. INDEMNIFICATION: Contractor shall indemnify, hold and save harmless, and defend (at its own cost and expense), the City, its officers, agents, directors, andlor employees, from all liabilities, damages, losses, judgements, and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, negligent act or omission, or intentional wrongful misconduct of Contractor and persons employed or utilized by Contractor in the performance of this Contract. Contractor shall further indemnify, save and hold harmless, and defend (at its own cost), the City its officials andlor employees against any civil actions, statutory or similar claims, injuries or damages arising or resulting from the services, even if it is alleged that the City, its officials, andlor employees were negligent. In the event that any action or proceeding is brought against the City by reason of any such claim or demand, the Contractor shall, upon written notice from the City, resist and defend such action or proceeding by counsel satisfactory to the City. The Contractor expressly understands and agrees that any insurance protection required by this 7 Attachment: File # 17929 - Exhibit A (17929 : Kent Security Services, Inc. (Security Guard Services for SEOPW CRA)) Packet Pg. 18 4.1.a Contract or otherwise provided by the Contractor shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided. The indemnification provided above shall obligate the Contractor to defend, at its own expense, to and through trial, administrative, appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at the City's option, any and all claims of liability and all suits and actions of every name and description which may be brought against the City, whether performed by the Contractor, or persons employed or utilized by Contractor. These duties will survive the cancellation or expiration of the Contract. This Section will be interpreted under the laws of the State of Florida, including without limitation and interpretation, which conforms to the limitations of Sections 725.06 and/or 725.08. Florida Statutes, as applicable and as amended. Contractor shalt require all sub -Contractor agreements to include a provision that each sub -Contractor will indemnify the City in substantially the same language as this Section. The Contractor agrees and recognizes that the City shall not be held liable or responsible for any claims which may result from any actions or omissions of the Contractor in which the City participated either through review or concurrence of the Contractor's actions, In reviewing, approving or rejecting any submissions by the Contractor or other acts of the Contractor, the City, in no way, assumes or shares any responsibility or liability of the Contractor or sub -Contractor under this Contract. Ten dollars ($10 00) of the payments made by the City constitute separate, distinct, and independent consideration for the granting of this Indemnification, the receipt and sufficiency of which is voluntarily and knowingly acknowledged by the Contractor. 11. DEFAULT: If Contractor fails to comply materially with any term or condition of this Agreement, or fails to perform in any material way any of its obligations hereunder, and fails to cure such failure after 8 Attachment: File # 17929 - Exhibit A (17929 : Kent Security Services, Inc. (Security Guard Services for SEOPW CRA)) Packet Pg. 19 4.1.a reasonable notice from the City, then Contractor shall be in default. Contractor understands and agrees that termination of this Agreement under this section shall not release Contractor from any obligation accruing prior to the effective date of termination. Upon the occurrence of a default hereunder the City, in addition to all remedies available to it by law, may immediately, upon written notice to Provider, terminate this Agreement whereupon all payments, advances, or other compensation paid by the City to Contractor while Contractor was in default shall be immediately returned to the City. Should Contractor be unable or unwilling to commence to perform the Services within the time provided or contemplated herein, then, in addition to the foregoing, Contractor shall be liable to the City for all expenses Incurred by the City in preparation and negotiation of this Agreement, as well as all costs and expenses incurred by the City in the re -procurement of the Services, including consequential and incidental damages. 12. RESOLUTION OF AGREEMENT DISPUTES: Contractor understands and agrees that all disputes between Contractor and the City based upon an alleged violation of the terms of this Agreement by the City shall be submitted to the City Manager for his/her resolution, prior to Contractor being entitled to seek judicial relief in connection therewith. In the event that the amount of compensation hereunder exceeds Twenty - Five Thousand Dollars and No/Cents ($25,000), the City Manager's decision shall be approved or disapproved by the City Commission. Contractor shall not be entitled to seek judicial relief unless: (i) it has first received City Manager's written decision, approved by the City Commission if the amount of compensation hereunder exceeds Twenty -Five Thousand Dollars and No/Cents ($25,000), or (ii) a period of sixty (60) days has expired, after submitting to the City Manager a detailed statement of the dispute, accompanied by all supporting documentation or ninety (90) days if City Manager's decision is subject to City Commission approval); or (ili) City has waived compliance with the procedure set forth in this section by written instruments, signed by the City Manager. In no event may the amount of compensation under this Section exceed the 9 Attachment: File # 17929 - Exhibit A (17929 : Kent Security Services, Inc. (Security Guard Services for SEOPW CRA)) Packet Pg. 20 4.1.a total compensation set forth in Section 4 of this Agreement. The adherence to this Section is the condition precedent to the institution of any civil action by the Contractor against the City. 13. TERMINATION; OBLIGATIONS UPON TERMINATION: A. The City, acting by and through its City Manager, shall have the right to terminate this Agreement, in its sole discretion, and without penalty, at any time, by giving written notice to Contractor at least thirty (30) calendar days prior to the effective date of such termination. In such event, the City shall pay to Contractor compensation for Services rendered and approved expenses incurred prior to the effective date of termination. In no event shall the City be liable to Contractor for any additional compensation and expenses incurred, other than that provided herein, and in no event shall the City be liable for any consequential or incidental damages. The Contractor shall have no recourse or remedy against the City for a termination under this subsection except for payment of fees due prior to the effective date of termination. B. The City, by and acting through its City Manager, shall have the right to terminate this Agreement, in its sole discretion, and without penalty, upon the occurrence of an event of a material breach hereunder, and failure to cure the same within thirty (30) days after written notice of default. In such event, the City shall not be obligated to pay any amounts to Contractor for Services rendered by Contractor after the date of termination, but the parties shall remain responsible for any payments that have become due and owing as of the effective date of termination, In no event shad the City be liable to Contractor for any additional compensation and expenses incurred, other than that provided herein, and in no event shall the City be liable for any direct, indirect, consequential or incidental damages. This Section shall survive the cancellation or expiration of this Agreement. 14. INSURANCE: A. Contractor shall, at all times during the term hereof, maintain such insurance coverage(s) as may be required by the City. The insurance coverage(s) required as of the Effective Date of this Agreement are attached hereto as Exhibit "D" and incorporated herein by 10 Attachment: File # 17929 - Exhibit A (17929 : Kent Security Services, Inc. (Security Guard Services for SEOPW CRA)) Packet Pg. 21 4.1.a this reference, The Contractor shall add the City of Miami as an additional insured to its commercial general liability, and auto liability policies, and as a named certificate holder on all policies. Contractor shall correct any insurance certificates as requested by the City's Risk Management Administrator. All such insurance, including renewals, shall be subject to the approval of the City for adequacy of protection and evidence of such coverage(s) and shall be furnished to the City Risk Management Administrator on Certificates of Insurance indicating such insurance to be in force and effect and any cancelled or non -renewed policy will be replaced with no coverage gap and a current Certificate of insurance will be provided. Completed Certificates of Insurance shall be filed with the City prior to the performance of Services hereunder, provided, however, that Contractor shall at any time upon request file duplicate copies of the Certificate of Insurance with the City. B. If, in the judgment of the City, prevailing conditions warrant the provision by Contractor of additional liability insurance coverage or coverage which is different in kind, the City reserves the right to require the provision by Contractor 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 the Contractor fail or refuse to satisfy the requirement of changed coverage within thirty (30) days following the City's written notice, this Agreement shall be considered terminated on the date that the required change in policy coverage would otherwise take effect. C. Contractor understands and agrees that any and all liabilities regarding the use of any of Contractor's employees or any of Contractor's sub -Contractors for Services related to this Agreement shall be borne solely by Contractor throughout the term of this Agreement and that this provision shall survive the termination of this Agreement. Contractor further understands and agrees that insurance for each employee of Contractor and each sub -Contractor providing Services related to this Agreement shall be maintained in good standing and approved by the City Risk Management Administrator throughout the duration of this Agreement. 11 Attachment: File # 17929 - Exhibit A (17929 : Kent Security Services, Inc. (Security Guard Services for SEOPW CRA)) Packet Pg. 22 4.1.a D. Contractor shall be responsible for assuring that the insurance certificates required under this Agreement remain in full force and effect for the duration of this Agreement, including any extensions hereof. If insurance certificates are scheduled to expire during the term of this Agreement and any extension hereof, Contractor shall be responsible for submitting new or renewed insurance certificates to the City's Risk Management Administrator as soon as coverages are bound with the insurers. In the event that expired certificates are not replaced, with new or renewed certificates which cover the term of this Agreement and any extension thereof: (i) the City shall suspend this Agreement until such time as the new or renewed certificate(s) are received in acceptable form by the City's Risk Management Administrator; or (ii) the City may, at its sole discretion, terminate the Agreement for cause and seek re -procurement damages from Contractor in conjunction with the violation of the terms and conditions of this Agreement. E. Compliance with the foregoing requirements shall not relieve Contractor of its liabilities and obligations under this Agreement. 15. NONDISCRIMINATION: Contractor represents to the City that Contractor does not and will not engage in discriminatory practices and that there shall be no discrimination in connection with Contractor's performance under this Agreement on account of race, color, sex, religion, age, handicap, marital status or national origin. Contractor 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. 12 Attachment: File # 17929 - Exhibit A (17929 : Kent Security Services, Inc. (Security Guard Services for SEOPW CRA)) Packet Pg. 23 4.1.a 16. ASSIGNMENT: This Agreement shall not be assigned by Contractor, in whole or in part, and Contractor shall not assign any part of its operations, without the prior written consent of the City Manager, which may be withheld or conditioned, In the City's sole discretion through the City Manager, 17. 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, ❑n the fifth day after being posted or the date of actual receipt, whichever is earlier. TO CONTRACTOR: TO THE CITY: Kent Security Services, Inc. 14600 Biscayne Blvd. North Miami Beach, FL 33181 Arthur Noriega V City Manager 444 SW 2"d Avenue, 10° Floor Miami, FL 33130-1910 Victoria Mendez City Attorney 444 SW 2i° Avenue, 9rh Floor Miami, FL 33130-1910 Annie Perez, CPPO Procurement Director 444 SW 2"d Avenue, 6:h Floor Miami, FL 33130-1910 18. MISCELLANEOUS PROVISIONS: A. This Agreement shall be construed and enforced according to the laws of the State of Florida. Venue in any proceedings between the parties shall be in Miami -Dade County, Florida. Each party shall bear its own attorney's fees. Each party waives any defense, whether asserted by motion or pleading, that the aforementioned courts are an improper or inconvenient venue. 13 Attachment: File # 17929 - Exhibit A (17929 : Kent Security Services, Inc. (Security Guard Services for SEOPW CRA)) Packet Pg. 24 4.1.a Moreover, the parties consent to the personal jurisdiction of the aforementioned courts and Irrevocably waive any objections to said jurisdiction. The parties irrevocably waive any rights to a jury trial. B. 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. C. 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 the 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. D. Contractor shall comply with all applicable laws, rules and regulations in the performance of this Agreement, including but not limited to licensure, and certifications required by law for professional service Contractors. E. This Agreement constitutes the sole and entire agreement between the parties hereto. No modification or amendment hereto shall be valid unless in writing and executed by properly authorized representatives of the parties hereto. Except as otherwise set forth in Section 2 above, the City Manager shall have the sole authority to extend, amend, or modify this Agreement on behalf of the City. All changes and/or modifications to this Agreement shall be approved in advance and in writing by the Office of the City Attorney as to legal form and correctness, and executed in writing by the City and the Contractor. F. Title and paragraph headings are for convenient reference and are not a part of this Agreement. 14 Attachment: File # 17929 - Exhibit A (17929 : Kent Security Services, Inc. (Security Guard Services for SEOPW CRA)) Packet Pg. 25 4.1.a G. Nothing contained in this Agreement is any way intended to be a waiver of the limitation placed upon the Indemnitees' liability as set forth in Chapter 768, Florida Statutes. Additionally, the Indemnitees do not waive sovereign immunity, and no claim or award against the Indemnitees shall include attorneys fees, investigative costs or pre -judgment interest. 19. SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon the parties hereto, their heirs, executors, legal representatives, successors, or assigns, if any. 20. INDEPENDENT CONTRACTORS: Contractor has been procured and is being engaged to provide Services to the City as an Independent Contractor, and not as an agent or employee of the City. Accordingly, neither Contractor, nor its employees, nor any sub -Contractor hired by Contractor to provide any Services under this Agreement shall attain, nor be entitled to, any rights or benefits under the Civil Service or Pension Ordinances of the City, nor any rights generally afforded classified or unclassified employees. Contractor further understands that Florida Workers' Compensation benefits available to employees of the City are not available to Contractor, its employees, or any sub - Contractor hired by Contractor to provide any Services hereunder, and Contractor agrees to provide or to require sub-Contractor(s) to provide, as applicable, workers' compensation insurance for any employee or agent of Contractor rendering Services to the City under this Agreement. Contractor further understands and agrees that Contractor's or sub -Contractors` use or entry upon City properties shall not in any way change its or their status as an Independent Contractor. The Contractor does not have the power or authority to bind the City in any promise, agreement, or representation other than specifically provided for in this Agreement. 21. CONTINGENCY CLAUSE: Funding for this Agreement is contingent on the availability of funds and continued authorization for program activities and the Agreement is subject to amendment or termination 15 Attachment: File # 17929 - Exhibit A (17929 : Kent Security Services, Inc. (Security Guard Services for SEOPW CRA)) Packet Pg. 26 4.1.a due to lack of funds, reduction of funds, failure to allocate or appropriate funds. and/or change in applicable laws or regulations, upon thirty (30) days written notice to the Contractor. 22. FORCE MAJEURE: A "Force Majeure Event" shall mean an act of God, act of governmental body or military authority, fire, explosion, power failure, flood. storm, hurricane, sink hole, other natural disasters, epidemic, riot or civil disturbance, war or terrorism, sabotage, insurrection, blockade, or embargo. In the event that either party is delayed in the performance of any act or obligation pursuant to or required by the Agreement by reason of a Force Majeure Event, the time for required completion of such act or obligation shall be extended by the number of days equal to the total number of days, if any, that such party is actually delayed by such Force Majeure Event. The party seeking delay in performance shall give notice in writing, within two (2) days of the Force Majeure Event, to the other party specifying the anticipated duration of the delay, and if such delay shall extend beyond the duration specified in such notice, additional notice shall be repeated no less than monthly so long as such delay due to a Force Majeure Event continues. Any party seeking delay in performance due to a Force Majeure Event shall use its best efforts to rectify any condition causing such delay and shall cooperate with the other party to overcome any delay that has resulted. 23, CITY NOT LIABLE FOR DELAYS: Contractor hereby understands and agrees that in no event shall the City be liable for, or responsible to Contractor or any sub -Contractor, or to any other person, firm, or entity for or on account of, any stoppages or delay(s) in work herein provided for, or any damages whatsoever related thereto, because of any injunction or other legal or equitable proceedings or on account of any delay(s) for any cause over which the City has no control, 24. USE OF NAME: Contractor understands and agrees that the City is not engaged in research for advertising, sales promotion, or other publicity purposes. Contractor is allowed, within the limited 16 Attachment: File # 17929 - Exhibit A (17929 : Kent Security Services, Inc. (Security Guard Services for SEOPW CRA)) Packet Pg. 27 4.1.a scope of normal and customary marketing and promotion of its work, to use the general results of this project and the name of the City. The Contractor agrees to protect any confidential information provided by the City and will not release information of a specific nature without prior written consent of the City Manager or the City Commission. 25. NO CONFLICT OF INTEREST: Pursuant to City of Miami Code Section 2-611, as amended ("City Code"), regarding conflicts of interest, Contractor hereby certifies to the City that no individual member of Contractor, no employee, and no sub -Contractor under this Agreement nor any immediate family member of any of the same is also a member of any board, commission, or agency of the City. Contractor hereby represents and warrants to the City that throughout the term of this Agreement, Contractor, its employees, and its sub -Contractors will abide by this prohibition of the City Code. 26. NO THIRD -PARTY BENEFICIARY: No persons other than the Contractor and the City (and their successors and assigns) shall have any rights whatsoever under this Agreement. 27. SURVIVAL: All obligations (including but not limited to indemnity and obligations to defend and hold harmless) and rights of any party arising during or attributable to the period prior to expiration or earlier termination of this Agreement shall survive such expiration or earlier termination. 28. TRUTH-iN-NEGOTIATION CERTIFICATION, REPRESENTATION AND WARRANTY: Contractor hereby certifies, represents and warrants to the City that on the date of Contractor's execution of this Agreement, and so long as this Agreement shall remain in full force and effect, the wage rates and other factual unit costs supporting the compensation to Contractor under this Agreement are and will continue to be accurate, complete, and current. Contractor understands, agrees and acknowledges that the City shall adjust the amount of the compensation and any additions thereto to exclude any significant sums by which the City determines the contract price of compensation hereunder was increased due to inaccurate, incomplete, or non- 17 Attachment: File # 17929 - Exhibit A (17929 : Kent Security Services, Inc. (Security Guard Services for SEOPW CRA)) Packet Pg. 28 4.1.a current wage rates and other factual unit costs. All such contract adjustments shall be made within one (1) year of the end of this Agreement, whether naturally expiring or earlier terminated pursuant to the provisions hereof. 29. COUNTERPARTS, ELECTRONIC SIGNATURES: This Agreement may be executed in three or more counterparts, each of which shall constitute an original, but all of which, when taken together, shall constitute one and the same agreement. This Agreement may be executed in counterparts, each of which shall be an original as against either Party whose signature appears thereon, but all of which taken together shall constitute but one and the same instrument. An executed facsimile or electronic scanned copy of this Agreement shall have the same force and effect as an original. The parties shall be entitled to sign and transmit an electronic signature on this Agreement (whether by facsimile. PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed Agreement upon request. 30. ENTIRE AGREEMENT: This instrument and its exhibits 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. 18 Attachment: File # 17929 - Exhibit A (17929 : Kent Security Services, Inc. (Security Guard Services for SEOPW CRA)) Packet Pg. 29 4.1.a IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their respective officials thereunto duly authorized, this the day and year above written. ATTEST: "Contractor„ Print Name: it/ /r'.77-7.tife<11 Title: • (Corporate Seal) ATTEST: Todd B. Hannon'ity APPROVED AS TO LEGAL FORM AND CORRECTNESS: Victoria nde eVeV& City Attorney 19 Print Name: 67 Title: (Authorized Corporate Officer) "City" CITY OF MIAMI, a municipal corporation Arthur Woriega V, City Manager APPROVED AS TO INSURANCE REQUIREMENTS: Ann -Marie Sharpe Risk Management Director U a O w U) 0 a) 0 coo z CD 'i 7 0 a) u) c vi 0 a) V a) u) c a) rn N an ti w rn N c) a) c a) E s v ca Packet Pg. 30 4.1.a CORPORATE RESOLUTION (This Resolution needs to authorize the signatory to sign) WHEREAS, /1 C/ a e•2L�. f':r r� desires to enter into an agreement with the City of Miami for the purpose of performing the services described in the contract to which this resolution is attached; and WHEREAS, the Board of Directors at a duly held corporate meeting has considered the matter in accordance with the bylaws of the corporation; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS that this corporation is authorized to enter into the Agreement with the City, and the President and the Secretary are hereby authorized and directed to execute the Agreement in the name of this Corporation and to execute any other document and perform any acts in connection therewith as may be required to accomplish its purpose. IN WITNESS WHEREOF, this : 1( day of 410/ , 2020. kj2 Y (t 5 41 c ("Contractor") An (State) Corporation %'? J BY• < " (Sign) Print Name: L rL EU t -Ai Title: C Cc) I,,71 (Sign)(41"1.171et'0 Print Name: fal. /% 7" 49/el 20 Attachment: File # 17929 - Exhibit A (17929 : Kent Security Services, Inc. (Security Guard Services for SEOPW CRA)) Packet Pg. 31 4.1.a EXHIBIT A RFP 985381 Attachment: File # 17929 - Exhibit A (17929 : Kent Security Services, Inc. (Security Guard Services for SEOPW CRA)) Packet Pg. 32 4.2 SEOPW Board of Commissioners Meeting July 24, 2025 SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY INTER -OFFICE MEMORANDUM To: Board Chair Christine King Date: July 17, 2025 and Members of the CRA Board File: 17930 From: James McQueen Executive Director Subject: Authorize Allocation of Funds for Public Art Activation and Beautification Grant Enclosures: BACKGROUND: A Resolution of the Board of Commissioners of the Southeast Overtown/Park West Community Redevelopment Agency ("SEOPW CRA"), with attachment(s), establishing the Public Art Activation and Beautification Grant Program ("Program"), authorizing the allocation of an amount not to exceed Two Hundred Thousand Dollars and Zero Cents ($200,000.00) ("Funds") for the Program for Fiscal Year 2025-2026 ("Purpose"). The Executive Director desires to establish the Public Art Activation and Beautification Grant Program ("Program") to enhance visual attractiveness in the SEOPW CRA area by providing opportunities to Program applicants in an effort to preserve the rich history of the Redevelopment Area and connect the community. It is recommended that the Board of the SEOPW CRA approve and adopt the attached Resolution, authorizing the SEOPW CRA to allocate funds for the Purpose stated herein. 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...." Section 163.370, Florida Statutes, provides for repairs, installations and improvements in the undertaking or carrying out of community redevelopment and related activities. Packet Pg. 33 4.2 Section 2, Goal 6 of the 2018 Southeast Overtown/Park West Community Redevelopment Agency Plan Update (the "Plan") lists "improving the quality of life for residents" as a stated redevelopment goal. Section 2, Principle 4 of the Plan, states, "there must be variety in employment opportunities" as a stated redevelopment principle. Lastly, Section 2, Principle 6 of the Plan lists "address[ing] and improving] the neighborhood economy, and expand[ing] the economic opportunities ... this entails both the support and enhancement of existing businesses and local entrepreneurs," as a stated redevelopment principle. FUNDING: $200,000.00 from Account No. 10051.920101.883000.0000.00000 - Other Grant Aids / Non-TIF Revenue Fund FACT SHEET: Funding request: $200,000.00 Scope of work or services (Summary): To establish the Public Art Activation and Beautification Grant Program and provide grants to qualified applicants. Page 2 of 6 Packet Pg. 34 4.2 AGENDA ITEM FINANCIAL INFORMATION FORM SEOPW CRA CRA Board Meeting Date: July 24, 2025 CRA Section: Brief description of CRA Agenda Item: Authorizing approval of an amount not to exceed $200,000 for public art activation and beautification grant program Project Number (if applicable): YES, there are sufficient funds in Line Item: Account Code: 100051.920101.883000.0000.00000 Amount: $ 2 0 0, 0 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 $ Approved by: Approval: Executive Director 7/17/2025 Miguel A ValcntiAT Finance Officer 7/17/2025 Page 3 of 6 Packet Pg. 35 4.2 Southeast Overtown/Park West Community Redevelopment Agency File Type: CRA Resolution Enactment Number: File Number: 17930 Final Action Date: A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY ("SEOPW CRA"), WITH ATTACHMENT(S), ESTABLISHING THE PUBLIC ART ACTIVATION AND BEAUTIFICATION GRANT PROGRAM ("PROGRAM"), AUTHORIZING THE ALLOCATION OF AN AMOUNT NOT TO EXCEED TWO HUNDRED THOUSAND DOLLARS AND ZERO CENTS ($200,000.00) ("FUNDS") FROM ACCOUNT NO. 10051.920101.883000.0000.00000 - OTHER GRANT AIDS / NON-TIF REVENUE FUND FOR THE PROGRAM FOR FISCAL YEAR 2025-2026; FURTHER AUTHORIZING THE EXECUTIVE DIRECTOR TO DISPERSE FUNDS AS A GRANT, AT HIS DISCRETION, ON A REIMBURSEMENT BASIS OR DIRECTLY TO VENDORS, UPON PRESENTATION OF INVOICES AND SATISFACTORY DOCUMENTATION, SUBJECT TO THE AVAILABILITY OF FUNDING; FURTHER AUTHORIZING THE EXECUTIVE DIRECTOR TO ADMINISTER THE PROGRAM AND TO NEGOTIATE AND EXECUTE ANY AND ALL AGREEMENTS AND DOCUMENTS NECESSARY, ALL IN A FORM ACCEPTABLE TO COUNSEL; 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 Updated Southeast Overtown/Park West Community Redevelopment Plan ("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 WHEREAS, Section 163.370, Florida Statutes, provides for repairs, installations and improvements in the undertaking or carrying out of community redevelopment and related activities; and WHEREAS, Section 2, Goal 6 of the Plan, lists "improving the quality of life for residents" as a stated redevelopment goal; and WHEREAS, Section 2, Principle 4 of the Plan, states, "there must be variety in employment opportunities" as a stated redevelopment principle; and WHEREAS, Section 2, Principle 6 of the Plan lists "address[ing] and improv[ing] the neighborhood economy, and expand[ing] the economic opportunities ... this entails both the support and enhancement of existing businesses and local entrepreneurs," as a stated redevelopment principle; and Page 4 of 6 Packet Pg. 36 4.2 WHEREAS, the Board of Commissioners of the SEOPW CRA has previously allocated funds toward initiatives to rehabilitate facades, small business improvements, and improvements to the quality of life within the SEOPW CRA area; and WHEREAS, the Board of Commissioners wishes to further allocate funds in an amount not to exceed Two Hundred Thousand Dollars and Zero Cents ($200,000.00) to establish the Public Art Activation and Beautification Grant Program ("Program") to enhance visual attractiveness in the SEOPW CRA area by providing opportunities to Program applicants in an effort to preserve the rich history of the Redevelopment Area and connect the community ("Purpose"); and WHEREAS, Program applicants will complete an application, attached and incorporated herein as Exhibit "A," in order to request funding; and WHEREAS, funds are available from Account No. 10051.920101.883000.0000.00000 for the Program; and WHEREAS, the Executive Director is requesting authority to disburse funds from the Program to eligible applicants as a grant, on a reimbursement basis, or directly to vendors upon presentation of invoices and satisfactory documentation without the need for further approval from the Board of Commissioners and within the Executive Director's discretion; 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: 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 Public Art Activation and Beautification Grant Program is hereby established with funds in an amount not to exceed Two Hundred Thousand Dollars and Zero Cents ($200,000.00) from Account No. 10051.920101.883000.0000.00000 - Other Grant Aids / Non-TIF Revenue Fund. Section 3. The Executive Director is hereby authorized' to disperse the Funds, at his discretion as a grant, on a reimbursement basis, or directly to vendors upon presentation of invoices and satisfactory documentation to eligible applicants, subject to funding availability for the purpose stated herein. Section 4. The Executive Director is authorized' administer the Program and to negotiate and execute any and all agreements, and documents necessary, all in a form acceptable to Counsel, for the purpose stated herein. Section 5. This Resolution shall become effective immediately upon its adoption. 1 The herein authorization is further subject to compliance with all legal requirements that may be imposed, including but not limited to those prescribed by applicable State law, City Charter and City Code provisions, as adopted by the SEOPW CRA. Page 5 of 6 Packet Pg. 37 4.2 APPROVED AS TO FORM AND LEGAL SUFFICIENCY: e Brlair&'Mlf Counsel 7/17/2025 Page 6 of 6 Packet Pg. 38 4.3 SEOPW Board of Commissioners Meeting July 24, 2025 SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY INTER -OFFICE MEMORANDUM To: Board Chair Christine King Date: July 17, 2025 and Members of the CRA Board File: 17931 From: James McQueen Executive Director Subject: Authorize Grant Issuance to City of Miami: Interstate 395 ("1-395") Heritage Trail/Signature Bridge Enclosures: File # 17931 - Backup BACKGROUND: A Resolution of the Board of Commissioners of the Southeast Overtown/Park West Community Redevelopment Agency ("SEOPW CRA"), authorizing the Executive Director to issue a grant to the City of Miami ("City") in an amount not to exceed Three Million Five Hundred Thousand Dollars and Zero Cents ($3,500,000.00) ("Funds"), pursuant to the SEOPW CRA's Redevelopment Plan, for costs associated with the development and coordination of the Interstate 395 ("I-395") Heritage Trail/Signature Bridge Underdeck Project ("Project"), commonly referred to as the Reverend Edward T. Graham Heritage Trail Project, located between Northwest 3`d Avenue and Biscayne Bay, Miami, Florida and within the boundaries of the SEOPW CRA Redevelopment Area, with all work to be performed through the Florida Department of Transportation ("FDOT") and the City ("Purpose"). The Executive Director desires to issue a grant to the City to match funds for the Interstate 395 Underdeck Project. It is recommended that the Board of the SEOPW CRA approve and adopt the attached Resolution, authorizing the SEOPW CRA to allocate funds for the Purpose stated herein. 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...." Section 2, Goal 6 of the 2018 Southeast Overtown/Park West Community Redevelopment Agency Plan Update (the "Plan") lists "improving the quality of life for residents" as a stated redevelopment goal. Section 2, Principle 5 of the Plan encourages "a range of choices for moving safely and comfortably throughout the neighborhood" as a stated redevelopment principle. Packet Pg. 39 4: Section 2, Principle 7 of the Plan states that "the City [of Miami] ... must provide access to green spaces of an urban character" as a stated redevelopment principle. Section 2, Principle 7 of the Plan further states that "green spaces [are] a key element of qualify of life" and "an important element in developing and maintaining community aesthetics and identity" as a stated redevelopment principle. Section 2, Principle 10 of the Plan emphasizes that neighborhoods should be attractive, listing "greenways" as a means to captivate residents and visitors as a stated redevelopment principle. Lastly, Section 2, Principle 14 of the Plan promotes reunifying the Redevelopment Area and revitalizing the neighborhood's "character, sense of place, and cultural distinctiveness" as a stated redevelopment principle. FUNDING: $3,500,000.00 from Account No. 10050.920101.891000.0000.00000 (Interfund Transfer) FACT SHEET: Entity name: City of Miami Scope of work or services (Summary): Authorizing a grant to the City of Miami for the Interstate 395 Underdeck Project, a.k.a. the Signature Bridge Project, a transformative 33-acre public open space initiative designed to unify an active link from the SEOPW CRA Redevelopment Area through the Downtown Miami and the Biscayne Bay area, providing for the construction of a multi -purpose urban greenway, a.k.a. the Reverand Edward T. Graham Heritage Trail. Page 2 of 6 Packet Pg. 40 4.3 AGENDA ITEM FINANCIAL INFORMATION FORM SEOPW CRA CRA Board Meeting Date: July 24, 2025 CRA Section: Brief description of CRA Agenda Item: Authorizing funds not to exceed $3,500,000.00 for the underdeck Project Number (if applicable): YES, there are sufficient funds in Line Item: Account Code: 150.920101.89100.000.00000 Amount: $ 3, 5 0 0, 0 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 $ Approved by: Approval: G Executive Director 7/17/2025 Miguel A Valcntin, Officer 7/17/2025 Page 3 of 6 Packet Pg. 41 4.3 Southeast Overtown/Park West Community Redevelopment Agency File Type: CRA Resolution Enactment Number: File Number: 17931 Final Action Date: A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY ("SEOPW CRA"), AUTHORIZING THE EXECUTIVE DIRECTOR TO ISSUE A GRANT TO THE CITY OF MIAMI ("CITY") IN AN AMOUNT NOT TO EXCEED THREE MILLION FIVE HUNDRED THOUSAND DOLLARS AND ZERO CENTS ($3,500,000.00) ("FUNDS"), PURSUANT TO THE SEOPW CRA'S REDEVELOPMENT PLAN, FOR COSTS ASSOCIATED WITH THE DEVELOPMENT AND COORDINATION OF THE INTERSTATE 395 ("1-395") HERITAGE TRAIL/SIGNATURE BRIDGE UNDERDECK PROJECT ("PROJECT"), COMMONLY REFERRED TO AS THE REVEREND EDWARD T. GRAHAM HERITAGE TRAIL PROJECT, LOCATED BETWEEN NORTHWEST 3RD AVENUE AND BISCAYNE BAY, MIAMI, FLORIDA AND WITHIN THE BOUNDARIES OF THE SEOPW CRA REDEVELOPMENT AREA, WITH ALL WORK TO BE PERFORMED THROUGH THE FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT") AND THE CITY; FURTHER AUTHORIZING THE EXECUTIVE DIRECTOR TO APPOINT A REPRESENTATIVE FROM THE SEOPW CRA TO BE ADVISED ON ALL PLANS AND PROPOSALS FOR THE PROJECT; AUTHORIZING THE EXECUTIVE DIRECTOR TO DISBURSE FUNDS AS A GRANT, FROM ACCOUNT NO. 10050.920101.891000.0000.00000; FURTHER AUTHORIZING THE EXECUTIVE DIRECTOR TO NEGOTIATE AND EXECUTE ANY AND ALL AGREEMENTS AND DOCUMENTS NECESSARY, ALL IN A FORM ACCEPTABLE TO COUNSEL; 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 established pursuant to Chapter 163, Florida Statutes, and is charged with carrying out community redevelopment activities within its designated redevelopment area in accordance with the 2018 Southeast Overtown/Park West Redevelopment Plan (the "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 WHEREAS, Section 2, Goal 6 of the Plan, lists "improving the quality of life for residents" as a stated redevelopment goal; and WHEREAS, Section 2, Principle 5 of the Plan encourages "a range of choices for moving safely and comfortably throughout the neighborhood" as a stated redevelopment principle; and Page 4 of 6 Packet Pg. 42 4: WHEREAS, Section 2, Principle 7 of the Plan states that "the City [of Miami] ... must provide access to green spaces of an urban character" as a stated redevelopment principle; and WHEREAS, Section 2, Principle 7 of the Plan further states that "green spaces [are] a key element of qualify of life" and "an important element in developing and maintaining community aesthetics and identity" as a stated redevelopment principle; and WHEREAS, Section 2, Principle 10 of the Plan emphasizes that neighborhoods should be attractive, listing "greenways" as a means to captivate residents and visitors as a stated redevelopment principle; and WHEREAS, Section 2, Principle 14 of the Plan promotes reunifying the Redevelopment Area and revitalizing the neighborhood's "character, sense of place, and cultural distinctiveness" as a stated redevelopment principle; and WHEREAS, the Florida Department of Transportation ("FDOT") holds jurisdictional ownership over Interstate 395/State Road 836 ("I-395"), located between Northwest 3''d Avenue and Biscayne Bay, Miami, Florida ("Limits") with portions within the boundaries of the SEOPW CRA Redevelopment Area; and WHEREAS, the Interstate 395 Underdeck Project, also known as the Signature Bridge Project, is a transformative 33-acre public open space initiative designed to unify an active link from the SEOPW CRA Redevelopment Area through the Downtown Miami and the Biscayne Bay area, providing for the construction of a multi -purpose urban greenway, also known as the Reverand Edward T. Graham Heritage Trail ("Graham Heritage Trail") ("Project"); and WHEREAS, the Project represents a significant collaboration between FDOT and the City of Miami ("City"), embodying themes of activity, connection, authenticity, and greenery, and is set to include an amphitheater, event lawn, community plaza, children's play area, dog play area, multi -use court, and water feature, thereby fostering a diverse range of cultural activities; and WHEREAS, the SEOPW CRA, pursuant to terms in the Plan, which provide for the necessity to create and maintain high -quality open and public spaces, recognizes the contribution of funds to the City for use as a local match for the Project will fulfill federal grant requirements and advance the development of this vital public infrastructure initiative within the Redevelopment Area; and WHEREAS, the Executive Director recommends that the SEOPW CRA allocate an amount not to exceed Three Million Five Hundred Thousand Dollars and Zero Cents ($3,500,000.00) ("Funds") to the City to contribute to 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: 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. Page 5 of 6 Packet Pg. 43 4.3 Section 2. The issuance of a grant in an amount not to exceed Three Million Five Hundred Thousand Dollars and Zero Cents ($3,500,000.00) to the City to underwrite costs associated with the Project is hereby approved. Section 3. The Executive Director is hereby authorized' to disburse the funds, at his discretion, as a grant from Account No. 10050.920101.891000.0000.00000, subject to funding availability, for the purpose stated herein. Section 4. The Executive Director is authorized to negotiate and execute any and all documents necessary, all in a form acceptable to Counsel, for said Purpose. Section 5. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND LEGAL SUFFICIENCY: yi ei B counsel 7/17/2025 1 The herein authorization is further subject to compliance with all legal requirements that may be imposed, including but not limited to those prescribed by applicable State law, City Charter and City Code provisions, as adopted by the SEOPW CRA. Page 6 of 6 Packet Pg. 44 FACTSH EET Connecting Miami: 1-395 Underdeck and Heritage Trail Project i The 1-395 Underdeck and Heritage Trail The Underdeck is a planned public landscape that weaves below the elevated 1-395 roadway, creating a 33-acre urban open space and streetscapes that will reunite the urban fabric of Overtown, a historically black neighborhood that was disconnected during highway construction in the 1960s. A mile-long"Heritage Trail" connects neighborhoods across active rail tracks, linking Overtown to Biscayne Bay, celebrating the diverse cultural heritage of Miami, and establishing a unifying landscape destination for the City of Miami. This forward -looking project with a cost of $82.7 million will provide a much -needed recreational green space for the rapidly growing Center City population, transforming the public realm beneath the highway to a vibrant, welcoming, and restorative community asset to enhance the mind, body, and spirit of users of all ages and abilities. Key project elements include the Heritage Trail shared -use trail, extensive landscaping and urban tree canopy, multiple play areas, interactive water features, a dog play area, amphitheater, sports courts, comfort stations, and community -based public art installations. Connecting Miami: I-395 Underdeck and Heritage Trail will provide a safe place for walking, jogging, biking, and scooting, encouraging non -vehicular urban transportation options, while improving quality of life, economic vitality, and social equity for all through the creation of an environmentally sustainable and resilient urban landscape. Background The Connecting Miami: I-395/SR 836/1-95 Design Build Project is a partnership between the Florida Department of Transportation (FDOT) and the Miami -Dade Expressway Authority (MDX). Highway improvements are located within the City of Miami, extending from NW 17 Avenue on SR 836, through the SR 836/1-395/1-95 Midtown Interchange, out to the MacArthur Causeway Bridge; additional improvements extend along 1-95 from NW 8 Street to NW 29 Street for pavement replacement. The project is planned for completion in late 2027 at a cost of $840 million. Acknowledging the historic impact of highway construction on 0vertown and Miami's urban fabric, the project includes the 1-395 "Underdeckerdeck" — a public open space, created by an innovative structural design that raises the highway and reduces columns for increased Tight and air. As a significant civic and community landscape, the City of Miami will program, operate, and maintain the Underdeck featuring the Heritage Trail to serve as an everyday neighborhood amenity for local communities and a destination for performances, events, and community celebrations. Focus: Community I Safety I Mobility I Sustainability I Connectivity The 1-395 Underdeck and Heritage Trail will: Restore CONNECTIVITY to a neighborhood fractured by highway construction, which disproportionately affected marginalized populations, reconnecting people and place along and across the corridor, and promoting more equitable access to safe and affordable urban transportation options. Transform COMMUNITY by reconstructing the "under the highway" urban barrier into an active public open space and shared -use trail connecting 0vertown, Downtown, Arts & Entertainment District and Edgewater/Midtown. Enhance SAFETY for pedestrians and bicyclists along and across the 1-395 corridor with the Heritage Trail, a bridge crossing of the Florida East Coast Railway/Brightline tracks, and numerous enhanced pedestrian street crossings. Increase MOBILITY for pedestrians and bicyclists along the east -west 1-395 corridor, as well as reconnecting north -south neighborhoods and reinforcing bicycle routes and greenways within the City of Miami. Promote SUSTAINABILITY through design and engineering that incorporates long-term durability and environmental resiliency, while meeting community needs for green space and recreation that enhances neighborhood vitality. //i\ ,lCONNECTING 1MIAMI� 4.3.a Planned Grant Application ► Grant Type: 2023 RCN Grant Program ► Project Type: Urban ► Applicant Project Sponsor: City of Miami ► Grant Request: $60,353,730 ► Total Future Project Cost: $82,653,730 ► Project Location: Miami -Dade County ► Was a Federal Grant Application for this Project Submitted Previously?: YES - RCP (2022) RAISE (2023) ► NEPA/Environmental Permitting Status: Complete COMMUNITY AME 3 ACRES FM.I Lnn, 15 ACRES u.e.. w,..... 33 ACRE Public Open Space 1 MILE Central Promenade Light Public Site Fund' Attachment: File # 17931 - Backup (17931 : Authorize Grant Issuance to City of Miami: Interstate 395 ("I- N 1 PROJECT MERIT CRITERI • The Underdeck is designed to reconnect the urban fabric of Overtown, transforming this historic barrier into a landscape that unifies the City of Miami, promoting EQUITY and ENVIRONMENTAL JUSTIC through the creation of a green open space with opportunities for respite and recreation, as well as integrated pedestrian and bike routes, in a location that currently lacks these amenities. • The Heritage Trail follows Universal Design guidelines to create a space that welcomes users of all ages and abilities. This new community ACCESS will be enhanced by wide pathways, traffic -calmed street crossings, three comfort stations, lighting, and a broad pedestrian bridge crossing active FEC railroad tracks. Multimodal connectivity will include bicycle lanes; greenways and trails; micromobility hubs for rideshare and scooters; and walkable access to a full hierarchy of local to intercity transit options as well as the free City trolleys. The Underdeck will replace the barren and uninviting"under the highway" realm with a landscape designed for street -level neighborhood integration and enhancement, a FACILITY WELL -SUITED to the community. The highway is designed for enhanced clearances, rising from 25 feet by Biscayne Bay to 60 feet in 0vertown. Combined with a significant reduction in bridge columns from 800 to 94, the open space will be flooded with light and air, while providing shade from the tropical sun and cover from rain showers. The Underdeck will replace the barren freeway space with an urban oasis reconnecting neighborhoods at 5% of the cost ofa freeway lid project. • The open space corridor design is a COMMUNITY -CENTERED APPROACH, featuring public art installations and memorials that commemorate significant community figures and cultures. Site programming was also driven by community input, achieving a mix of features that will serve local residents and visitors. Key elements include interactive water features, an amphitheater, play areas, a dog play area, comfort stations, vending kiosks, diverse seating options, and drinking water stations for people and pets. These features have been identified through extensive community engagement, and funded through PARTNERING with FDOT and two Community Redevelopment Authorities. • The mile -long Heritage Trail will foster EQUITABLE DEVELOPMENT north and south of the open space, and across the active FEC railway tracks. It will facilitate mobility, unite neighborhoods through a shared green network that enhances the urban environment and link communit) spaces for the enjoyment of residents, workers and tourists alike. • The Heritage Trail setting will feature lush landscaping with open la, an expansive urban tree canopy that extends below the highway above. Softscape is maximized through six planting palettes that are designed fo the range of site solar and hydrologic conditions, from "lush tropical"to "d succulents". Amenities along the trail include seat walls and benches, signage and wayfinding, pathways of varying surfaces, and attractive lighting, all adapted to Miami's CLIMATE AND ENVIRONMENT. • This iconic project is essential for urban revitalization in a central an( rapidly developing area of Miami. It will serve as a legacy to all communit who contributed to the creation of Miami, and it will stimulate dynamic ECONOMIC OPPORTUNITIES, creating new jobs, supporting local busine and expanding the tax base for the residents of 0vertown and Miami. PLAN VIEW OF THE UNDERDECK 1-395 UNDERDECK IMPROVEMENT GIBSON PARK FEC RAILWAY 1 MILE • � f BISCAYNE BAY nuu.tt n, rIfea PARA UNDERDECK VISION The 1-395 Underdeck & Heritage Trail is a once -in -a -generation opportunity to restitch neighborhoods divided by highway construction in the 1960s, reinvigorating Miami's urbar E fabric through the transformation of a long-standing barrier into a signature open space. T 5 project will be a richly planted, cohesive, and world -class destination and transportation corridor that will reconnect communities. The 1-395 Underdeck will welcome visitors of all < ages and abilities, turning a highway that divides into a vibrant and green community asset, and driving renewed economic vitality and quality of life for all Packet Pg. 46 4.3.a US Department of Transportation fill Reconnecting Communities & eis, Neighborhoods Grant Program rn a d L D CONNECTING //" (\MIAMI� 1-395 Underdeck and Heritage Trail Septemb Packet Pg. 47 4.3.a Table of Contents A. OVERVIEW 1 B. LOCATION AND MAP 3 C. MERIT CRITERIA 3 1. Equity and Environmental Justice 3 2. Access 5 3. Facility Suitability 6 4. Community Engagement and Partnerships 8 5. Equitable Development 11 6. Climate and Environment 14 7. Workforce Development and Economic Opportunity 16 D. PROJECT READINESS 18 E. BENEFIT COST ANALYSIS (Summary) 19 Appendices A Project Fact Sheet B Underdeck Schematics and Charrette C Overtown History D Environmental Information E Partnership Letters F City and FDOT Agreements G BCA Technical Memorandum H Underdeck Cost Estimate I Project Readiness Information interactive Water CD) Splash Pad 15 ACRES Urban Gardens (10 AmphItheater G Signature Pedestrian Bridge 33 ACRE Public Open Space Dog Pla Area Play Areas 1 MILE Central Promenade Multi -Use Court Comfort Stations Food & Drink Lighting Public Art Site Furniture Parking Lots Packet Pg. 48 4.3.a A. OVERVIEW The Connecting Miami: 1-395 Underdeck and Heritage Trail grant application requests Capital Construction Grant funding under the Neighborhood Access and Equity (NAE) program. PROJECT SCOPE The original construction of I-395 and I-95 in Miami severed established neighborhoods and communities from each other. The Connecting Miami: 1-395 Underdeck and Heritage Trail Project ("Underdeck") will transform the barrier of the original highway by integrating a 33-acre public open space and mile -long trail system below I-395. By uniting neighborhoods impacted and divided by the decades -old highway project, the Underdeck will transform I-395 from a feature that divides into one that reconnects and revitalizes communities (Figure 1). The Florida Department of Transportation (FDOT) is currently reconstructing the I-395 viaducts, including the construction of an iconic "fountain" bridge structure that will change Miami's skyline. The Underdeck will create a safe, welcoming, and vibrant open space and multimodal connectivity at street level, reconnecting residents and businesses in Overtown north and south of the highway, and building new connections east and west between Gibson Park and Biscayne Bay. The Underdeck revitalization will connect communities to new employment, civic, and recreational opportunities (see Fact Sheet in Appendix A). 1 MILE GIBSON PARK F EC RAILWAY '• R'."".�♦ M. `„err"��_ iA , Y • M�'�� -ice I L- BISCAYNE BAY MAURICP A FFRRE PAR[ FIGURE 1 Underdeck and Heritage Trail Layout In order to create the opportunity for the Underdeck, 1-395 bridge decks are being raised from current 18-foot clearances up to 63 feet, with fewer columns (reduced from 800 to 94). The Underdeck will be an urban oasis with daylight but shielded from tropical sun and showers (Figure 2). The Heritage Trail will be an iconic 1-mile active transportation spine, a wide meandering walkway through the open space under I-395, with a signature shared -use bridge over the Florida East Coast Railroad (FEC Railroad). Conceived with robust community input, the Underdeck will provide diverse multimodal connections to bus and rail, bicycle/pedestrian corridors and rideshare; prioritize accessibility for persons of all ages and abilities; integrated expansive urban tree plantings and resilient landscaping; and a broad range of public amenities to support active and passive recreation, gatherings and events, and daily civic life for local residents and visitors. Appendix B provides Underdeck schematics. Attachment: File # 17931 - Backup (17931 : Authorize Grant Issuance to City of Miami: Interstate 395 ("1-395") Heritage Trail/Signature Bridge) Connecting Miami: I-395 Underdeck and Heritage Trail 1 Packet Pg. 49 4.3.a FIGURE 2 Elevated viaducts with fewer columns and clearances for light and air, supporting expansive tree and understory plantings. BARRIERS AND BURDENS POSED BY THE HIGHWAYS Highway construction in the late 1960s caused large- scale and lasting harm to Overtown, displacing hundreds of dwellings and residents and dozens of businesses. It additionally introduced physical barriers into the urban fabric, limiting access to equitable urban mobility and economic development (Figure 3). The "under the highway" wasteland has divided and isolated Overtown and had negative impacts on property value, housing conditions, public safety, and business activity. More is provided in Merit Criterion #3 Facility Suitability. During development of the I-395 reconstruction project, which included extensive public and agency coordination, the opportunity to transform the area under the I-395 viaducts into a signature public open space — a landscape of connection — took root. FIGURE 3 Original 1-395 highway construction cutting through Overtown neighborhood fabric HISTORY AND CHARACTER OF AFFECTED COMMUNITIES Founded in the 1890s, "Overtown" is one of the oldest neighborhoods in Miami, settled by Bahamians, who were not accepted elsewhere in the City. This African American community was situated across the FEC railroad tracks from predominantly white communities, closer to the citrus and pineapple farms to the west. The name "Overtown" came from people saying that they were going "over town" to this neighborhood. The area grew and developed into a vibrant community until the early 1960's, when the construction of the expressways cut through and degraded the neighborhood. Tragically, this construction forced many residents to relocate (see Appendix C), and it contributed to the persistent economic and physical decline of Overtown. The City of Miami has emerged as an international trade center and a culturally vibrant destination. However, it remains a "tale of two cities" with 21% residents living in poverty. Neighborhoods such as Overtown are marked by lagging wage growth, surging housing costs, and a shortage of housing. Overtown's economic and health pr is depressed below average conditions. Its residents are extremely low income, negatively impacted by urban environmental disparities, and experience higher incidence of acute illnesses. Attachment: File # 17931 - Backup (17931 : Authorize Grant Issuance to City of Miami: Interstate 395 ("1-395") Heritage Trail/Signature Bridge) Connecting Miami: I-395 Underdeck and Heritage Trail 2 Packet Pg. 50 4.3.a B. LOCATION AND MAP The Underdeck is located under the I-395 viaduct in Downtown Miami. It is part ofthe "Connecting Miami I-395/SR-836/I-95" Design -Build highway reconstruction project, which is currently underway. The three freeways are major regional transportation conduits, converging downtown at the Midtown Interchange crossroads, serving commuters and commerce, and connecting to freight and passenger hubs at PortMiami to the east and Miami International Airport to the west. The busy Florida East Coast (FEC) Railroad passes under I-395 and crosses the Underdeck corridor. Figure 4 shows the Underdeck site, unifying the historic Overtown community west ofthe FEC Railroad, and connecting across the active tracks to the Arts & Entertainment District to the east, which includes the Arsht Center for the Performing Arts, the Perez Art Museum, and the Frost Science Museum on Biscayne Bay. Census Tracts 31 and 34 west of the FEC Railroad are both Areas of Persistent Poverty and Historically Disadvantaged Communities. These burdened communities FIGURE 4 Underdeck Project Area under 1-395 viaduct C. MERIT CRITERIA 1. Equity and Environmental Justice Historic burdens and disparities, and equity in benefits The highway construction caused large-scale and lasting harm to Overtown in the form of barriers to mobility, economic development, and access. The highway displaced hundreds of dwellings and residents, and destroyed dozens of businesses. The landscape under the I-395 viaducts is dark, noisy, barren, unused, and uninviting, which has long inhibited revitalization of Overtown's neighborhood fabric. Indicators of on -going community burdens and underinvestment include high unemployment rates, low job growth, low household income, low auto ownership, high safety vulnerability, high health and heat vulnerability, and low property values (see Appendix C). Using the Climate and Economic Justice Screening Tool (CEJST), Table 1 shows that within '/2-mile of the Underdeck most census tracts are burdened and underserved. Overtown's median income is $28,010 vs. Miami's $47,860 and Florida's $61,777. Over 75% of households have incomes less than twice the poverty level, or about $50,000 (Figure 5). Cater Tad Barden Categories for Disadvantaged Census Tracts Choate Change Energy Health Housing Legacy Polbtbn Trans por. tation Water! Wastewater Wor(do me Deve bpnent Opportunity Zone 2712 x x X X X X X Ivy O N) 3111 x x x x x x x x (p4.2A97) 3111 x x x x x x x x x (pap.3,113) 3111 x x x x x x x OW 2.736) 3717 x (pap 1x32) 3711 x x x Ivap UV)x 2713 Not Burdened Censur Tract 3712 Not Burdened Census Tract TABLE 1 Burdened Census Tracts Using CEJST Attachment: File # 17931 - Backup (17931 : Authorize Grant Issuance to City of Miami: Interstate 395 ("1-395") Heritage Trail/Signature Bridge) Connecting Miami: I-395 Underdeck and Heritage Trail 3 Packet Pg. 51 4.3.a Most residents are renters (87%) and rent -burdened (56%). • Justice40 communities, Federal Opportunity and Empowerment Zones are located within 1-mile of the Underdeck. These historically disadvantaged and vulnerable neighborhoods will from the project. Most of the Census Tracts for the project exhibit high poverty levels and an Social Vulnerability Index (SVI) ranking over 0.99 (Figure 6). • 40-60% of these households do not have cars, indicating an urgent need for alternative multimodal transportation options. Construction -related community displacement The Underdeck project does not require any new right-of-way as it will be built on FDOT property underneath the elevated I-395 roadways. To preserve community character and prevent displacement of existing residents and businesses, the City is proactively utilizing its Miami 21 land use policy and zoning, the Fair Housing and Housing programs, and local Community Redevelopment Areas' (CRA) housing attainability programs. o in o» ear.. 6396 Unoe0Oeck. =RPM ►arum 2016 Households M • r. Income . 660,000 ME W.011. FIGURE 5 Share of Households with Income Below Twice the Poverty Level ($50,000) by Census Tract (2015) Poverty Level Historically Disadvantaged transportation uisaavantageo A Persistent Poverty FIGURE 6 Economically Disadvantaged Areas by Anticipated negative construction impacts Census Tract The Connecting Miami highway project including the Underdeck has secured the necessary environmental clearances (see Appendix D), and has no adverse impacts. Commitments were made by FDOT to manage the construction process to minimize impacts such as noise, dust, and other construction disruptions. The Underdeck construction will occur concurrently under the elevated highway footprint, with no additional impacts. Project equity in impacts and benefits The Underdeck will create more equitable opportunities for recreation, access to nature / open space, and expanded multimodal transportation options, for historically disadvantaged and burdened communities adjacent to the project area. Recreation & Programming: A community -led planning process diverse programming for the Underdeck, including an amphitheater, play areas, interactive water features, event plaza, and sports courts — expanding access to opportunities for health and wellness for local communities that currently lack access to these urban amenities. Access to Nature / Open Space: The project includes over 15 acres of native and adapted plantings and 1,315 new trees, creating a green oasis and respite in the urban center. Multimodal Transportation Options: Travel analysis shows that 25% of Underdeck walking A Attachment: File # 17931 - Backup (17931 : Authorize Grant Issuance to City of Miami: Interstate 395 ("1-395") Heritage Trail/Signature Bridge) Connecting Miami: I-395 Underdeck and Heritage Trail 4 Packet Pg. 52 4.3.a and bicycling trips are associated with Overtown. The project's central E-W Heritage Trail and revitalized N-S streetscapes will create convenient options for connection to jobs or personal trips. Economic Opportunities: The Underdeck will generate a positive economic impact on the community, serving as an active destination; stimulating growth of nearby retail and businesses catering to local and out-of-town visitors; and creating synergy with other downtown destinations including the cultural and arts destinations on the project's eastern end. 2. Access Affordable transportation for safe mobility and connectivity The Underdeck will provide a safe, multi- use transportation network to support daily neighborhood connectivity and access to destinations like housing, jobs, healthcare, grocery stores, schools, places of worship, recreation, and parks. The Underdeck is part of a broader evolution towards a more walkable and transit -oriented urban experience. In addition to reinforcing street -level linkages for pedestrians and bicyclists through interconnectivity (Figure 7) with Miami's greenways, bicycle routes, and transit services, the Underdeck also features six micro -mobility hubs for rideshare and scooters — anticipating that it will be an iconic destination that is the mile/last mile linkage for many trips. Safe accommodation for all users The Underdeck will support the broader urban district to achieve its full potential as a diverse, walkable neighborhood. The Underdeck will become a new "Main Street" and community center. Connectivity and recreation for local residents and visitors are encouraged through a richly planted landscape below the highway, protected from Miami's intense sun and rain, supporting new access to nature and recreation that will enhance community health and wellness. The project has been incorporated as a feature into the City's 2023 Parks and Recreation Master Plan, Bike and Climate Action Plan. &kr F.xrhees �Ea sttq . r Planned • RMOlsMM tGfJ11GIK Mettont~e. Stab Q basting A Punned M eeonwer Evseng Planned 1395 • Metro Rd IIMMkw RAW EingOriaa.I &NTrtd4y W to Underdeck Gi R.Md ..w Respon,y Commute, NOrthee4 - Comfier Commuter 4 Min Sawn 195 Rail Station 4 Metro Mover ::]w.1mn.w p. G�- I yawl - FIGURE 7 Underdeck Multimodal Connections FIGURE 8 WalkTrip Desire Lines Crossing the Underdeck. Walk trip analysis identified 2,150 (2023) to 4,000 (2045 — shown above) daily walking/bicycling trips with patterns that illustrate the community need for a landscape that supports active transportation options below the 1-395 highway. Master Plan, Comprehensive Neighborhood Plan Encourage thriving communities with transportation choices The Underdeck is poised to become a major active transportation hub for work and social/ recreational trips. Data from the regional travel demand model within'/2-mile of the Underdeck shows that for trips made within this area: Attachment: File # 17931 - Backup (17931 : Authorize Grant Issuance to City of Miami: Interstate 395 ("1-395") Heritage Trail/Signature Bridge) Connecting Miami: I-395 Underdeck and Heritage Trail 5 Packet Pg. 53 4.3.a • Non -auto trips dominate at 64% of all trips (vs. regional average of 85%). • Active transportation trips account for 54% of trips. • Bicycle and transit trips are above the City and regional averages at 10% each. • Walking trips at 44% exceed driving trips at 36%. • Work purpose trips are 50.4% (vs. 35% regionally). • Of 70,343 jobs in the two corridor zip codes, 52.5% were held by resident workers vs. 47.5% net commuter Commuting -Patterns). National Roadway Safety Strategy (NRSS) The Underdeck and Heritage Trail project closely aligns with the public safety objectives of the NRSS's "Safer People" policy. The Miami -Dade County 2021 Vision Zero Framework Plan (miamidade.gov/transit/library/vision-zero-framework-plan.pdf) the Overtown area west of the FEC Railroad and all of downtown Miami as areas with high crash rates involving pedestrians and bicyclists. The Miami region is cited in the most recent 2022 Dangerous by Design report (https://smartgrowthamerica.org/dangerous-by-design/) as the 14th most dangerous (fatality rate) metro area. Overtown's transportation disadvantaged residents (as pedestrians and bicyclists) have a high rate of crash involvement due to reliance on non -automotive travel for daily mobility. The Underdeck enhances the safety of Overtown's active travelers by providing a safe shared - use trail east -west, which is separated from vehicular and includes signalized street crossings. The Underdeck also integrates and enhances adjacent streetscapes in all directions, incorporating FDOT policy guidance for Complete Streets, a context -sensitive approach to ensure safe, multimodal urban connectivity. The City has integrated the Underdeck into its citywide bicycle/greenway network planning and Pedestrian Priority Zone (PPZ), which supports the creation of a safe environment for pedestrians, including pedestrian -oriented street design and 3. Facility Suitability Barriers impeding access, mobility, and economic development The original highway construction divided neighborhoods and introduced physical barriers into the urban fabric, creating impediments to community mobility, economic development, and equitable access to recreation. The landscape under the I-395 viaducts is currently dark, noisy, barren, unused, and uninviting — an unsafe and divisive transportation facility. The Underdeck proposes to create a safe and inviting corridor reconnecting residents and businesses in Overtown across the highway, and linking them to employment, civic, and recreational opportunities across the City. The mile -long Underdeck will transform this long-standing barrier into a signature 33- acre open space with a vibrant, cohesive, world -class active transportation corridor and destination, revitalizing economic opportunities and quality of life in Overtown for residents to safely live, work and play. Environmental burdens on the community Urban Forest & Urban Heat Island: Tree canopy in the census tracts surrounding the Underdeck is well below Miami's citywide 23% tree coverage (Table 2). The concrete decking of I-395 serves as a heat sink from the tropical sun, aggravating the "urban heat island The Attachment: File # 17931 - Backup (17931 : Authorize Grant Issuance to City of Miami: Interstate 395 ("1-395") Heritage Trail/Signature Bridge) Connecting Miami: I-395 Underdeck and Heritage Trail 6 Packet Pg. 54 4.3.a highway right-of-way is essentially treeless and devoid of landscaping, contributing to increased surface temperatures and heat capture in this project area. Extreme heat is responsible for more than 30 deaths/yr. in Miami -Dade County. The Miami MSA has the third -worst urban heat island out of the 44 biggest US cities. The Underdeck census track areas experience an average 8.26°F increase in local temperatures due to Table 2). Census Track* Tree Canopy %* Population per s . care km* Urban Heat Island Effect F ** 3400 3100 3710 14 16 8 3190 4410 2180 7.87 8.0 8.92 TABLE 2 Environmental Vulnerability Indicators - Tree canopy cover and urban heat island impacts for Underdeck area. *Google Environmental Insights Explorer **https:// www.climatecentral.org/climate-matters/urban-heat-islands-2023 Park & Open Space : Seven City parks are located within'/2-mile of the Underdeck, serving a population of 25,248 and providing good access within a 10-minute walk. However, these parks comprise only 48.5 acres, which 1.92 acres/1,000 persons, well below national standards of peer cities that target at least 4 acres/1,000 persons. This ratio declines to 0.75 acres/1,000 persons in 2045, with the projected population in this area increasing to 64,418 persons. The Underdeck's 33 acres would increase area green/park space by 70% and swell the existing ratio from 1.92 to 3.23 acres/person. With over 15 acres of urban gardens and 1,315 new trees, the Underdeck provides a restorative nature -based facility for recreation and respite in a rapidly growing setting, enhancing the community's quality of life and environmental resilience. Addressing vulnerabilities that are clear threats The primary challenge confronting the community is how to leverage the on -going I-395 reconstruction to mitigate the highway's long-standing barrier through the creation of a destination open space and multimodal corridor that reconnects the neighborhood fabric of Overtown, and links Overtown to the broader City (Figure 9). The risk for the community is that the of the reconstructed highway will be felt "above the city" by drivers — but not by the community that lives at the FIGURE 9 1-395 Underdeck Before and After Expansive Public Open Space: The Underdeck concept the script" on the common problem of an urban freeway dividing the urban fabric. Instead of burying and capping over the highway, which hydrologic conditions in Miami would not allow, the Underdeck will transform the harsh conditions under the freeway to reconnect neighborhoods long divided and create a much needed public urban open space for local residents. The Underdeck does this at the cost of $2.4 million/acre, which allows for a much more expansive open space area, compared to a typical freeway lid project ($48 million/acre or 20 times the unit cost of the Underdeck). Urban Infrastructure for Rapidly Growing Area: The rapid transformation of the Miami urban core is taking the form of new high rises, including in Overtown. Much of this new development includes workforce housing with ground retail space. Table 3 shows forecasted growth with Attachment: File # 17931 - Backup (17931 : Authorize Grant Issuance to City of Miami: Interstate 395 ("1-395") Heritage Trail/Signature Bridge) Connecting Miami: I-395 Underdeck and Heritage Trail 7 Packet Pg. 55 4.3.a dramatic increases of 131% in population and 47% in employment. Greater Miami attracts 26.5M visitors/year (40% visit downtown). With housing, population, employment, and tourism increasing, the Increase Underdeck provides necessary urban 1mile Buffer 16z.569 infrastructure and open space amenities Manse to support equitable access to nature, TABLE 3 Population and Employment Growth recreation, and integrated mobility options. Impacts to goods movement The Connecting Miami project will reconstruct surface streets next to the Underdeck with treed sidewalks and bicycle lanes; it will also upgrade signals with enhanced pedestrian crosswalks. Just above, I-395 will continue to serve as a critical freight link for truck through the tunnel to PortMiami, which is the loth busiest container port in the US and 1st in Florida. Buffer Populatron Employment 2015 2045 Change 2015 2045 Char.,: 64,418 122,971 76,062 180,956 1/2 mile Buffer 25,248 64,418 144,840 39,170 155.14% 82,171 131 A9% 26,401 40.98% 57,985 47.15% 4. Community Engagement and Partnerships Community Participation The project has involved an extensive community and stakeholder outreach and engagement process. FDOT initiated corridor planning outreach in 2004, which has continued through its current highway construction. This process has engaged with a wide range of public entities, including the Miami -Dade Transportation Planning Organization (TPO), Miami -Dade County, The project has also prioritized inclusion of local communities and civic organizations in an engaged and participatory planning and design process (Figure 10). This process has directly confronted the historic environmental justice issues associated with the original land takings in Overtown. It has also progressed in coordination with associated and interrelated planning initiatives of the City of Miami, South -East Overtown- Park West (SEOPW) Community Redevelopment Agency (CRA), and civic foundations for Overtown's renewal. The Omni CRA and SEOPW CRA boundaries surround the Underdeck corridor and are key community advocates and redevelopment partners. The FDOT Community Outreach logged over 100 outreach , in addition to helping neighbors review on-line employment opportunities and job placement. This employed a variety of methods to connect with the community, with thorough documentation of contacts. By the time the highway project was advanced to its Public Hearing, some 15 community representative organizations provided letters of support, the impact of the project's comprehensive community process. The City of Miami is LEADING the project's next steps through the design, construction, and post -design phases of delivering on the promise of a vibrant urban landscape that reconnects communities. The City is building on the years of community collaboration AND continuing coordination with the CRAs, Overtown business and community interests, the Downtown Development Authority (DDA), other cooperating developers and stakeholders, and with all adjacent communities. FIGURE 10 Public Outreach Attachment: File # 17931 - Backup (17931 : Authorize Grant Issuance to City of Miami: Interstate 395 ("1-395") Heritage Trail/Signature Bridge) Connecting Miami: I-395 Underdeck and Heritage Trail 8 Packet Pg. 56 4.3.a Community Centered Approach The Underdeck concept is the result of a community -centered approach to envision a reconnected neighborhood that meaningfully redresses historic inequities and economically disadvantaged communities. It advances the evolution of Miami's urban character as a compact and walkable city, with reduced reliance on vehicles, and a more livable and sustainable environment. It complements the vertical development along the corridor, providing essential open space and equitable access to recreation. For the isolated Overtown community to the west, it serves as a bidirectional gateway to the Historic Overtown Business District north and south, and to the employment, shopping, business, and cultural attractions to the east. As a destination for residents and visitors, the Underdeck will increase visitation of the public space AND local establishments in neighboring communities. The climate -ready open space can support food, music, and art festivals, farmer's markets, performances, and vendor carts that will further stimulate the local urban economy. Community input has been woven into the form, function, and features to foster equitable development while connecting people and communities. Ongoing Community Partnerships The completion of the project and its ongoing operation will continue to be by several key community partnerships summarized as follows (see partnership letters in Appendix E): 1. FDOT — Memo of Understanding and Long -Term Use Agreement (Partnership/funding) 2. Southeast Overtown/Park West CRA— Letter of Commitment (Partnership/funding support) 3. Omni CRA — Letter of Commitment (Partnership/funding support) 4. Downtown Development Authority (DDA) — Letter of Support and Collaboration FDOT allocated $12M to cover expenses related to designing and constructing the pedestrian and bicycle overpass across the busy FEC Railroad and committed $11.5M to support design and construction of the Underdeck and Heritage Trail. Both CRAs have committed up to $3.5M each for the implementation of the Underdeck, which aligns seamlessly with their respective missions. The existing community revitalization programs of the CRAs will be used going forward to maintain interactive engagement with the Overtown community and other neighborhoods within the CRAs. These partnerships reinforce the community -based approach deployed in the planning and conceptual design of the Underdeck and Heritage Trail. This collaboration will continue through the design phase, including development of public art and trail amenities, and onward through construction and post -construction, including long-term operations and maintenance (O&M), and programming of activities and events to ensure the Underdeck is a vibrant and welcoming civic asset for all. Addressing Community Priorities The Consensus Plan design is the result of considerable coordination and engagement with the Overtown community, many neighborhood priorities (Figure 11): safe crossings, provide pathways and trails for connectivity and non -motorized transportation showcase the culture and history of Overtown provide open green space with trees, urban gardens FIGURE 11 Resident's vision for Underdeck near Overtown celebrating culture and providing connectivity Attachment: File # 17931 - Backup (17931 : Authorize Grant Issuance to City of Miami: Interstate 395 ("1-395") Heritage Trail/Signature Bridge) Connecting Miami: I-395 Underdeck and Heritage Trail 9 Packet Pg. 57 4.3.a playgrounds and activities for all ages and abilities access to public transport to/from home and work pedestrian bridge over the train tracks The community also emphasized the need for the Underdeck to serve as a thriving economic corridor providing space for vendors, food operators, business owners and local entities to strengthen local business and create employment opportunities. Throughout the Underdeck's development, the Underdeck Advisory Committee (UAC), comprising of community stakeholders, had a seat at the table alongside the City, FDOT, and Town Square Neighborhood Development Corporation (a local UAC recommendations on a management framework for the Underdeck public space were submitted to the City for consideration. FIGURE 12 Underdeck elements based on community input Per Committee recommendations, the City of Miami will continue engaging stakeholders during the project's design and implementation. Led by the City of Miami, the Underdeck Advisory C ommittee will be restructured to align its membership with the proj ect's next steps of implementing the Consensus Plan and maintaining the site. The Committee will include participation of City Departments such as Real Estate, Parks and Recreation, Capital Improvements, Opportunity (employment) Center, and Resilience and Sustainability. The Committee will a cross- referenced representation of stakeholders and local residents at all stages of the project. The CRAs will also be integral to the decision -making process to ensure the community and that "legacy" residents and businesses can remain living and operating in Overtown. The Committee is committed to proactively addressing equity and environmental justice, transportation inequities, prior social injustices, economic opportunities, employment at or above a living wage, historic and cultural preservation, housing challenges, climate change and sustainability, and access to recreation, helping to strengthen the Underdeck's connection between Overtown and nearby Miami neighborhoods. Sources and Uses of Funding The Project Budget narrative as included in this application provides a detailed breakdown of the sources and uses of funding for the Underdeck. The sources of capital funding are summarized in Table 4. Non -Federal funding accounts for 27% of the total and Federal funding, in the form of the NAE grant, is 73% of the total. These capital funds will TABLE 4 Population and Employment Growth Non -Federal Sources of Capital Funding (27%) FDOT Connecting Miami Funds SEOPW CRA Omni CRA City of Miami Capital Fund Federal Sources of Capital Funding (73%) Amount $11.5M $3.5M $3.5M $3.8M Amount Neighborhood Access and Equity (NAE) Grant $60.4M Total of Capital Funding Sources $82.7M Attachment: File # 17931 - Backup (17931 : Authorize Grant Issuance to City of Miami: Interstate 395 ("1-395") Heritage Trail/Signature Bridge) Connecting Miami: I-395 Underdeck and Heritage Trail 10 Packet Pg. 58 4.3.a be used for the project design, construction, and construction engineering/inspection. The City and FDOT will enter into a Long -Term Agreement and Occupancy Agreement for the use of the FDOT right-of-way, detailing the responsibilities of each party. The City of Miami will assume the responsibility for the ongoing operations and maintenance (O&M) of the Underdeck and Heritage Trail at an estimated cost of $6M/yr. The standard of care and maintenance will be balanced with consideration, service delivery, safety, and maintenance need to ensure the capital investment in the Underdeck is enjoyable, safe, and productive for years to come. 5. Equitable Development Community restoration, stabilization, and anti -displacement strategies In 2011, the City adopted its progressive Miami 21 land use code representing the "Miami of the 21st Century". Guided by tenets of New Urbanism and Smart Growth, this form -based zoning code promotes transit -oriented, pedestrian -friendly growth and walkable urbanism, and discourages disjointed, car -centered development. Current trends in the Underdeck vicinity, as discussed in Merit Criterion 3 — Facility Suitability, show ongoing, market -driven development, much of which includes a workforce housing component, extending along the corridor and westward into Overtown. As the area population increases, developers are responding to housing needs guided by "Miami 21", which includes density bonuses in transit -oriented development districts and for workforce housing and other features that will be important to support retention of current residents of Overtown and the Underdeck vicinity. In addition to the housing preservation strategies included in FY2019-2023 HUD Consolidated Plan, the City also employs a wide range of programs and activities to further fair housing practices, advance housing preservation and neighborhood revitalization (Table 5). Federally Funded Programs Non -Federally Funded Programs Community Development Block Grant: Trust Fund: Assists in home purchase or rental development projects Home Investment Partnerships Program: For low and very -low-income households Miami Forever Bond: and economic development projects Emergency Solutions Grant Program: For persons who are homeless or at -risk State Housing Initiatives Partnership Program: Housing Opportunities for Persons with AIDS: Housing for persons with AIDS. Miami -Dade Documentary Stamp Surtax: Funds low-income/moderate family housing Low -Income Housing Tax Credit Program: TABLE 5 City of Miami Fair Housing and Affordable Housing Tools The Underdeck is located within the boundaries of the SEOPW and Omni CRAs. Both agencies were formed to revitalize neighborhoods including Overtown, aid in the development of projects (private & public), alleviate conditions contributing blight, and create housing. One of their required actions is to restore the urban fabric and mitigate negative impacts of previous transportation improvements. A set of strategies has already been initiated to stabilize and reduce displacement. Additional programs to strengthen the economy and interconnectivity for residents in the CRAs, including housing, business incentives, historic preservation and workforce development. Attachment: File # 17931 - Backup (17931 : Authorize Grant Issuance to City of Miami: Interstate 395 ("1-395") Heritage Trail/Signature Bridge) Connecting Miami: I-395 Underdeck and Heritage Trail 11 Packet Pg. 59 4.3.a FIGURE 13 Underdeck Heritage Trail at night, with art features, lush landscaping, and iconic Fountain bridge Creative place -making that celebrates local history and culture The Underdeck concept emerged through extensive community engagement, which the need to transform the longstanding barrier of I-395 into a landscape of connection. An important project component is the recognition and tribute to the history of Overtown in a meaningful way. That vision was captured by branding the corridor as the Heritage Trail (Figure 13), a civic promenade that celebrates Overtown and the diverse cultural heritage of Miami. The "art in public places" aspect of the project incorporates design elements and historic markers that pay tribute to the culture and legacy of Overtown. Beyond that component, the project was conceived to re -link Overtown via the Underdeck and Heritage Trail to the communities and opportunities to the east. The bridge over the active FEC rail corridor is a critical element in this connectivity. In addition, the project is context sensitive seeking to integrate with existing land uses in Overtown and encourage the establishment of new businesses to the north and south of the project site (Figure 14). Supports a Local/Regional/State Equitable Development Plan Envisioning 2035 is Miami's Comprehensive Neighborhood Plan, a high-level policy document that sets community vision and direction for the equitable and sustainable attention to future community needs. It contains nine elements including: Future Land Use, Housing, Groundwater, Transportation, Open Space, Natural Resources, and Capital Improvement. CAM-R-1'0)4N LINVERPECIC Ia rstoruc OV r own 139Asinciss Pistritt FIGURE 14 Overtown and Underdeck Synergies, illustrating the intimate connection between the Heritage Trail and Historic Overtown Business District on NW 3rd Avenue. Attachment: File # 17931 - Backup (17931 : Authorize Grant Issuance to City of Miami: Interstate 395 ("1-395") Heritage Trail/Signature Bridge) Connecting Miami: I-395 Underdeck and Heritage Trail 12 Packet Pg. 60 4.3.a Policy TR- 2.1.6 The character of existing neighborhoods will be respected when establishing design guidelines for connectivity and transit infrastructure. The Underdeck aligns with this policy based on its extensive community -based input into the pr Policy TR- 2.9.1 Support implementation of the Underline and other 'green corridors' to improve the bicycle networkfor a healthier lifestyle and use of alternative modes. The Underdeck serves as both an active transportation access corridor and destination, promoting a healthier lifestyle, and interconnecting with other modes. Policy TR- 2.9.10 Remove physical and psychological barriers that prevent the connection of existing bicycle and pedestrian facilities. The Underdeck provides a critical rail over crossing, and transforms an "under the highway" barrier to an urban trail/ open space reconnecting neighborhoods. The SEOPW CRA 2018 Redevelopment Plan Update provides strategies for activities, programs, and initiatives. The Plan goals include (1) Preservation of historic buildings and cultural heritage, (2) Expand tax base using Public -Private Principles, (3) Provide and retain housing (4) Create jobs within the community, (5) Promote community as cultural and entertainment destination, (6) Improve quality of life for residents, (7) Promote entrepreneurship and technology innovation, (8) Ensure transit connections to employment centers and (9) Foster "Save Community" initiatives. This Plan also highlights the Underdeck as transforming the area beneath I-395 into a vibrant open communal space for the enjoyment of Overtown residents. Encouraging public and private investments There is already ongoing development in the project vicinity as seen in Figure 15. Many of these buildings include workforce housing and retail, elements that reinforce pedestrian street -level urban experience, as promoted by the Miami 2l zoning code and CRA Redevelopment Plan. These features are incrementally contributing to a more walkable and livable setting. This district already enjoys a dense network of transit services from free City trolleys to regional transit and intercity rail blocks south of the corridor. As a green enhancement to the urban public realm, the Underdeck will additional public and private investment to support equitable development. Land use policies that reduce regional displacement pressures The form -based code designates land use types permitted in the various zoning districts. This code provides protection for existing uses, and applications for re -zoning to higher densities are scrutinized, to address community preservation priorities and encourage mixed -income development. In addition, for ancillary units is permitted where zoning designations are present. FIGURE 15 Existing development context surrounding the Underdeck serve as a catalyst to intensify Attachment: File # 17931 - Backup (17931 : Authorize Grant Issuance to City of Miami: Interstate 395 ("1-395") Heritage Trail/Signature Bridge) Connecting Miami: I-395 Underdeck and Heritage Trail 13 Packet Pg. 61 4.3.a 6. Climate and Environment The Underdeck project will have qualitative and quantitative positive impacts on the local climate and environment, which will local residents and visitors. as a CLIMATE JUSTICE COMMUNITY — an historically underinvested neighborhood that is climate -vulnerable to natural hazards and socially vulnerable — Overtown will particularly from the transformation of the I-395 corridor into a sustainable and resilient public landscape. Expected reduction of adverse environmental impacts Expected Reduction in Transportation -Related and Air Pollution and GHG Emissions: 1 Daily travelers - 2,150 in 2023 and 4,000 in 2045 - can be expected to utilize the Underdeck walking or bicycling. 2. The 1,315 new trees will greatly contribute to air quality and stormwater per analysis using the iTree tool from the USDA Forest Service (see Table 6). 3. Stimulate additional non - auto travel in the growing residential districts near the project almost doubling walking trips to 21,000 daily or 44% of all trips. 4. Reduce the heat island extensive landscaping. Tree Benefit Vector Benefit Results Year 1 Years 1-20 Carbon Dioxide Uptake Value 6,442 190,025 Carbon Sequestered (metric tons) $126 $3,706 Storm Water Mitigation Value 5,688 122,172 Runoff Avoided (cubic meters) $2,410 551,754 Rainfall Intercepted (cubic meters) $8,233 $176,815 Air Pollution Removal Value 7,192 231,867 Ozone (kilograms) $272 $7,217 Nitrogen Dioxide (kilograms) $45 $1,280 Sulfur Dioxide (kilograms) $0 $12 Particulates [PM2.5] (kilograms) $20 $668 Total Monetized Value $19,323 $544,064 TABLE 6 Economic Benefits of Underdeck Tree based on the Plantings Hot Spot Areas of Extreme Heat: New tree planting will address extreme heat in Miami's urban core underserved communities and vulnerable populations which are the most impacted by disproportionate environmental and/or public health issues of extreme heat. The 33- acre Underdeck will build resilience through tree shading to reduce heat island in an area with elevated temperatures averaging 8.F. Access To Greenspace: The Underdeck will increase the amount of park/open space within 1/2- mile of the project from 48.5 to 81.5 acres, nearly a 70% increase, with a lush landscaping palette (Figure 16). The amount of park space per person will increase from the current 1.92 acres/1,000 persons to 3.23 acres/1,000 persons. �f• Planting CVmrn',nny Type 31 LushTropical AMiyw. Srm /Hgn WOW Planting CammunllyType e I RuvghUrban Planting Cvmm4nilyTypo 5 L»nioWild tow fun fYW#rm WOO iQr Sun J10w Modal r FIGURE 16 Indigenous planting palettes for three of the six plant community types along the Underdeck Climate Resilience, Flood Risk Management & Stormwater: Climate resilience is an integral part of the project design with overhead viaducts playing a crucial role in managing the Underdeck climate. New landscaping will work in tandem with the drainage system to enhance water absorption, stormwater and mitigation. The design of LED lighting installations Attachment: File # 17931 - Backup (17931 : Authorize Grant Issuance to City of Miami: Interstate 395 ("1-395") Heritage Trail/Signature Bridge) Connecting Miami: I-395 Underdeck and Heritage Trail 14 Packet Pg. 62 4.3.a and the choice of native plants across six distinct palettes are guided by varying sun/shade and rain conditions under the I-395 viaducts. Pervious pathways will improve stormwater absorption. High -quality choices for lower -carbon travel The Underdeck's Heritage Trail will provide a continuous, one -mile long active transportation mobility corridor with convenient mile connectivity. This includes micromobility hubs for rideshare and scooters, links to adjacent greenways and bicycle routes, and connections to free City trolleys and local, regional and intercity transit services. The Underdeck will also connect to County and State trails further expanding eco-friendly transportation alternatives throughout the South Florida region. Alignment with Local/Regional/State Climate Action Plans Miami is a national leader in resilience and sustainability planning, participating in diverse initiatives to proactively address climate change. The Underdeck is in strong alignment with the objectives and strategies in these plans: • Southeast Florida Regional Climate Change Compact — partnership of Broward, Miami - Dade, Monroe, and Palm Beach Counties, to reduce GHG emissions and build resilience. • Resilient305 — a Miami -Dade County initiative, involving the Cities of Miami and Miami Beach, addressing globalization and climate change. • Miami Forever Climate Ready — Climate change adaptation strategy to reduce impact of natural hazard. The Underdeck is aligned with these guiding principles and goals: Principle #1- Maximize Multiple Benefits: Reducing greenhouse gases and heat island health. Goal 3: Protect and enhance our waterfront: including: plantings of native species, creation of "sponge" areas for stormwater retention, enhanced tree canopy and stormwater retention. Goal 5: Promote adaptive neighborhoods and neighborhoods and buildings: Ensure park access within a 10 minute walk by expanding Miami's overall park space from 7% to 15%. • Miami Forever Carbon Neutral — Miami's Greenhouse Gas Reduction Plan (GHG Plan) and roadmap for carbon neutrality by 2050 and a minimum 60% reduction in emissions by 2035, strengthen the local economy, and enhance climate justice. Goal 1— Getting Around Miami Objective: 15% less private vehicle trips by 2035. The transit connection to reduce vehicle use. Elements improving resilience The South Florida region is at the forefront of climate -change concerns and climate resilience planning The Underdeck aligns with applicable goals and strategies in these plans to reduce GHG emissions and achieve carbon neutrality by 2050. Additionally, the centrally located Heritage Trail has nine paved areas with onsite power, broadband, water/sewer utilities, and comfort stations that are designed for use as an emergency staging site to assist with disaster response and recovery for adjacent communities during natural disasters. Attachment: File # 17931 - Backup (17931 : Authorize Grant Issuance to City of Miami: Interstate 395 ("1-395") Heritage Trail/Signature Bridge) Connecting Miami: I-395 Underdeck and Heritage Trail 15 Packet Pg. 63 4.3.a Underdeck envir Z STORE Reuse For Im pliOn PRECIPITATE Dry / Wet Seasons Hurricanes EVAPOTRAYsPIRE AMIN Rain GOMM *ram/ Smiles CAPTURE Green Roos lkrticol BwfoRrofan Above -Grade Cisterns INFILTRATE KINNAwl Porous Pour.) INTERACT PePunkah T+f INJECT Orange YLYl7 / Pump Raton OUTLET Emergency Overflow to &woyrw Bo, FIGURE 17 Environmental benefits include the multifaceted stormwater management approach • Planting of 1,315 trees in a broad palette of indigenous species and thousands of other plants as well as lawn areas reducing landscape irrigation needs, with restorative air quality . • Stormwater management approach for absorption of rainfall in planting areas and stormwater and detention of excess within the site for mitigation (see Figure 17). • Use of permeable walkway materials to increase rainfall absorption. • , and sustainability. • Lighting designed in view of sun shading patterns. Project low energy, high LED elements, reduce reliance on power supplies that may generate GHG. • Softscape/plantings to decrease the use of hadscape materials and concrete unit pavers with a longer product life to reduce long-term GHG emissions. • Stimulating the use of active transportation modes in and around the corridor. • Triggering mode shift from auto to bicycle and walking modes, with related GHG reduction. Improvements to air and water quality, wetlands, and endangered species Given the urbanized character of its footprint and vicinity, the Underdeck has essentially no adverse impact on wetlands, endangered species, or air and water quality. 7. Workforce Development and Economic Opportunity Local inclusive economic development and entrepreneurship FDOT will be executing the construction phase of the Underdeck as part of the I-395 Connecting Miami design -build project. Its contracting practices conform to Federal and state regulations and Title VI/Civil Rights requirements (https://www. fdot. gov/equalopportunity/titlevi.shtm). FDOT's robust Small Business Enterprise (SBE) program is structured to increase competition and provide needed support to FDOT's work program. The ongoing operations and maintenance of the Underdeck will be led by the City of Miami. Programs and services at the Underdeck, including food, music, art festivals, farmer's markets, vendor carts, and cultural activities will be competitively procured in accordance with Miami's Procurement Code. This code includes language and applicability regarding Small Business Enterprise and Local Workforce Participation requirements. All sub -leases of any space in the Underdeck will be subject to the adoption and implementation of an action Attachment: File # 17931 - Backup (17931 : Authorize Grant Issuance to City of Miami: Interstate 395 ("1-395") Heritage Trail/Signature Bridge) Connecting Miami: I-395 Underdeck and Heritage Trail 16 Packet Pg. 64 4.3.a plan. Promotional goals for minorities and women are established at all levels of the organization. The Overtown Business Resource Center provides space and technical assistance to small businesses and residents within the SEOPW CRA boundaries. The OMNI CRA Business Incentive Grants to new and existing businesses to expand employment opportunities. These resources ensure inclusive opportunities for local businesses. Miami's Opportunity Center will connect job seekers with job opportunities and employment resources to gain income at or above a living wage. Labor practices The Underdeck construction will create 830 full-time jobs while the ongoing O&M is estimated to create 82 full-time jobs paid in accordance with Miami's Living Wage Policy which applies to employees and contractors. Jobs related to the maintenance, administration, programming, public safety, and sanitation of the Underdeck (Figure 18) will be held by new and existing City of Miami employees. Currently, the City maintains collective bargaining agreements with four labor unions covering governmental workers (1,500 employees), police force (1,400 protection (800 members), and sanitation (200 members). Administrative Policies guide the City's harassment, discrimination and equal opportunity policies and procedures. FIGURE 18 East Plaza Lawn of the Underdeck Workforce development programs Construction can elevate job opportunities, showing that a transportation project can help train, place, and retain the underrepresented community in good -paying jobs. Acknowledging its socioeconomics, the City manages programs to develop the local workforce targeting businesses and job seekers in low-income areas like Overtown: 1) Training & 2) Vouchers for training/job access 3) Small Business Navigators 4) On -The -Job Training and paid apprenticeship; and 5) Underemployed Navigators Readiness Program. To address barriers to economic opportunities, FDOT contractors can leverage the Statewide Workforce Development program, which has placed over 2,100 persons from its inception. Florida's Statewide Workforce Development Program. With a 6-week training program by contractors with support from FDOT, median annual income can increase from $19,000 to $31,000 (63%). FDOT's progressive Workforce Development Program (WDP) fosters training and skills. The multifaceted program advances low-income workers to better jobs and careers and provides opportunities through job -readiness training, the Correctional Transition Academy, Veterans groups, Student Construction Internship and Student Construction Career Academy. The program tracks placements, and publicizes available job openings. In addition, FDOT and the City's construction procurement conforms to applicable Federal labor Attachment: File # 17931 - Backup (17931 : Authorize Grant Issuance to City of Miami: Interstate 395 ("1-395") Heritage Trail/Signature Bridge) Connecting Miami: I-395 Underdeck and Heritage Trail 17 Packet Pg. 65 4.3.a and wage requirements on Federally -funded projects. FDOT's Equal Opportunity Construction Contract Compliance Manual provides guidance on contract labor provisions. D. PROJECT READINESS Key components of Project Readiness are summarized in this section, with additional supporting information provided in Appendix I. Technical Assessment In addition to the technical information provided in this application, it is further noted that both FDOT and the City of Miami have proven experience delivering on Federal transportation and other grants, with the organizational capacity to manage grants for successful execution. Financial Completeness A detailed project cost estimate was prepared, escalated to the year of construction, with a cost contingency applied. This grant application has the NOFO requirements for project and cost information, including signed commitment letters for matching funds. A detailed project cost estimate was prepared, escalated to the year of construction, with a cost contingency applied. Environmental Risk Project Schedule: The project schedule in Figure 19 is well aligned to the RCN grant award process, with a grant agreement completed in late 2024, followed by design and construction over 2025-2027 in line with the overall highway project. I 1990-2010 I 2011-2015 2016-2020 *Ifare here! i 2021-20'25 I 2026-2030 Communication Community- & Stakeholder Engagement Ongoing collaborative w/ local commrmity, stakeholders, civic organizations & mgularory entities Planning & Design Planning & Study Phase 1990 - 2010 Project Development & Environmental Studies 2010 Record of Decision 2013 CarEa Type 2Approvnl 2015 Ramp Design Change - Signed Reevaluation 2023 Underdeck Design Change - Signed Reevaluation FDOT Design -Build RFP i Underdeck Concept Plans 2011 -2016 City of \Gaol & FDOT \IOL- u I nderdeck Consensus Plan 2019-2022 Construction Donunentation 2019 - 2024 Roadway /Snvcmre Componems 2024 Underdeck Components Implementation RORAcquisition 2011 - 2021 Procurement 2016 Design -Build Project Management 2017 Letting 2018 Final Award &Notice to P ,.,.tied Permitting 2015 - 2021 Grant .application Process 2023 Grant Pr pinion & Submittal 2024 DOT Review, Award, &Agreement Negotiation Construction 2019 - 2027 Roadway /Stnecture Components 2026 - 2027 Underdeck Components 2019 - 2027 Construction Engineering /Inspection 2027 Completion of Construction Post Construction Underdeck & Community- Support Services Operations, Maintenance &Fagramming Community Employment Support Affordable Housing Support FIGURE 19 Project Schedule On -going Orr -going On -going Attachment: File # 17931 - Backup (17931 : Authorize Grant Issuance to City of Miami: Interstate 395 ("1-395") Heritage Trail/Signature Bridge) Connecting Miami: I-395 Underdeck and Heritage Trail 18 Packet Pg. 66 4.3.a Environmental Permits and Reviews: The Underdeck, as part of FDOT's Connecting Miami project, has secured all required Federal NEPA clearances. The project was issued a Record of Decision (ROD) on its FEIS on July 16, 2010. In addition, Reevaluations have been issued to maintain currency of environmental approval (Appendix D). The highway component is at 60% construction completion. All approvals and permits are secured. Civic Support: Evidence of civic support is provided with the included Letters of Support. STIP and TIP Funding Approvals: The project is approved for inclusion in the State TIP for FY 2023/2024-2027-2028 as Project 251688 and the Miami -Dade TPO TIP (FY 2023/2024-2027- 2028 — Project ID DT2516701). Risk and Mitigation: NEPA approvals and permits are secured. The project has Federal planning consistency. FDOT maintains proper agency coordination during construction. FDOT maintains a project to maintain citizen outreach, complementing the City's further community coordination. All needed right-of-way is in place. The project will be built by FDOT's design -build (D-B) contractor, resulting in no procurement delays. Cost contingencies can be resolved by specifying alternate materials and deferring non -essential items. The D-B will design and build the project, addressing change order issues. Underdeck work will occur mostly minimizing impacts. Construction delays will be managed by FDOT through its D-B contract. In these ways, project risks appear minimal and/or manageable. FIGURE 19 View of Overtown and Heritage Trail Railroad Overpass E. BENEFIT COST ANALYSIS (Summary) The Cost Analysis (BCA) demonstrates the positive economic value and long-term that an investment in the Underdeck and Heritage Trail project will create for the residents and South Florida. The detailed BCA Technical Memorandum is included in Appendix G and the BCA spreadsheet has been uploaded as part of this application. The resulting BCA statistics with an applied 7% discount rate and 2021 dollars for the project are: Attachment: File # 17931 - Backup (17931 : Authorize Grant Issuance to City of Miami: Interstate 395 ("1-395") Heritage Trail/Signature Bridge) Connecting Miami: I-395 Underdeck and Heritage Trail 19 Packet Pg. 67 4.3.a • T • Net pr • Resulting in a of $110.1 million, a total project cost of $44.0 million • Increased value of surrounding land uses, based on the Underdeck as an urban asset ($134M). • associated with active transportation use by bicyclists and pedestrians ($5.23M). • Monetized value of the ee plantings ($.19M). • of the open space ($10.2M). Elevate job opportunities and generate over 900 jobs, $46M in earnings, and $134M in economic impact. The Underdeck will generate across several vectors, including civic, economic, and value by serving as a public amenity, popular destination, and local brand builder as follows: • Attract and sustain healthy residential and business communities. • Reconnect the community and sustain a vibrant city brand. • Function as an essential element of the regional economic development strategy. 1111111IIIIIIIII)I. FIGURE 20 The Underdeck will be a transformative urban oasis and new community gathering place reuniting neighborhoods along the Heritage Trail Attachment: File # 17931 - Backup (17931 : Authorize Grant Issuance to City of Miami: Interstate 395 ("1-395") Heritage Trail/Signature Bridge) Connecting Miami: I-395 Underdeck and Heritage Trail 20 Packet Pg. 68 RCN FY 2023 City of Miami 4.3.a Connecting Miami: 1-395 Underdeck and Heritage Trail BUDGET Sum Les and Uses of Project Funding for 2023 NAE Project The source, amount, type, and use by project phase of each funding source under this grant application is presented in Table 1. All costs in this table are future eligible costs only. Previously incurred costs are excluded from the table. Further planning and final design will begin once a grant award agreement is accomplished. Description Non -Federal State) Non -Federal (CityICRA) RCN Grant Other Federal Total Federal Total Cost Amount % Amount % Amount % Amount % Amount % Amount % Planning $0 0.00% $750,000 6.94% $0 0.007 $0 0.00% $0 0.007 $750,000 0.9% Design $1,500,000 13.04% $764,820 7.087 $3,968,175 6.577 $0 0.00% $3,968,175 6.57°/ $6,232,995 7.5% Right•of•Way $0 0.00% $0 0.007 $0 0.007 $0 0.00% $0 0.007 $0 0.0% Construction $10,000,000 86.96% $8,738,173 80.917 $52,474,659 86.957 $0 0.00% $52,474,659 86.957 $71,212,832 86.2% CEI and Const. Admin. $0 0.00% $547,007 5.067 $3,910,896 6.487 $0 0.00% $3,910,896 6.487 $4,457,903 5.4% Total Cost Share of Total Cost $11,500,000 100.00% 13.91% $10,800,000 100.007 13.07% $60,353,730 100.007 73.02% $0 0.00% 0.00% $60,353,730100.007 73.02% $82,653,730 100.00% 100.00% TABLE 1 Sources and Uses of Future Elieible Proiect Costs In addition to the proposed NAE capital grant funding, project funds are derived from non -Federal funds provided by the City of Miami and its project partners the Southeast Overtown/Park West (SEOPW) Community Redevelopment Authority (CRA) and the Omni CRA, and by FDOT as part of the I-395 Design -Build project. The Right -of -Way phase shows no budgeting as no right- of-way acquisition is needed for the Underdeck project. Table 2 presents a summary of the project sources of funding. Funding Source Amount Total Federal $60,353,730 73.0% RCN Grant Funds $60,353,730 73.0% Other Federal $0 0,0% Non -Federal $22,300,000 27.0% State $11,500,000 13.9% City of Miami & CRAs $10,800,000 13.1% TOTAL $82,653,730 100.0% TABLE 2 Underdeck Funding Uses 1 Attachment: File # 17931 - Backup (17931 : Authorize Grant Issuance to City of Miami: Interstate 395 ("1-395") Heritage Trail/Signature Bridge) Packet Pg. 69 RCN FY 2023 City of Miami 4.3.a It is further noted that: • The budget table shows both dollars and percentages as requested. • Grant award funding would be applied to the design, construction, and construction engineering/inspection (CEI) and related administration phases of project implementation. • Non -Federal City and CRA local funding contributions will be applied to all phases. o City funds are $3,800,000, and each CRA is providing $3,500,000, for a total of $10,800,000. • Non -Federal State (FDOT) funds will be applied to design and construction, with the Other Federal funds flowing through FDOT applied to construction. Funds flowing through FDOT are $11,500,000. • The percentage of 73.0% under the Total Federal funding column demonstrates that the project reliance on Federal funds does not exceed the 80% limited as stated in the NOFO. • Partnership letters expressing funding commitments from FDOT, the Southeast Overtown/Park West (SEOPW) Community Redevelopment Authority (CRA and the Omni CRA) are provided in Appendix E — Partnership Letters. In addition, Appendix F — City and FDOT Agreements provides the Memoranda of Understanding between the City and FDOT, demonstrating the ongoing collaboration that guides their joint efforts on the I-395 Design -Build project and its Underdeck component. • As acknowledged in the FDOT partnership letter, the grant award budget and other local match funds as required would be transferred to FDOT (as needed) to be applied to the design, construction and CEI/construction administration of the Underdeck facility per the Consensus Plan. Project Costs by Phase These additional points are provided regarding the proposed Underdeck project budget: • Cost estimates for the Underdeck have been based on updated conceptual schematics at approximately the 15% level of completion. Conceptual plans have considered all elements of the Underdeck facility in a systematic approach that has recognized the integration of all components into a functional whole. Project costs are in Year of Expenditure (YOE). • Project costs are based on a detailed 2023 cost workup from the conceptual plans by improvement type, quantities, and unit costs (Table 3). Costs are conservatively escalated at 7% per year to the start of construction in 2026. A 10% contingency was applied to costs as an allowance for unknowns. Project cost estimate information is provided in Appendix H- Underdeck Cost Estimate. 2 Attachment: File # 17931 - Backup (17931 : Authorize Grant Issuance to City of Miami: Interstate 395 ("1-395") Heritage Trail/Signature Bridge) Packet Pg. 70 RCN FY 2023 City of Miami 4.3.a Project Phase Amount Planning $750,000 0.9% Design $6,232,995 7.5% Construction $71,212,832 86.2% CEI/Constr. Admin. $4,457,903 5.4% TOTAL $82,653,730 100.0% TABLE 3 Underdeck Funding Uses • The Underdeck corridor project as proposed implements the entire improvement program, including the trunk pathway corridor — the Heritage Trail — and complementary components including applying Universal Design, with landscaping, other hardscape elements, lighting, security/WIFI, seating, three comfort stations, drinking fountains, bicycle racks, art in public places, historical monuments and murals, and traffic -calmed signalized pedestrian crossings, as well as several water features, playgrounds, an amphitheater, dog park, bicycle skills hardscape, play courts, open lawns, additional general landscaping and pockets of intensive tree plantings, open lawn areas, additional pathways, benches and wall seating. • While outside of grant capital award parameters, the ongoing operations and maintenance of the Underdeck has been assumed by the City of Miami, as part of its annual Parks and Recreation Department budget. Federal Funding and Non -Federal Match This grant application presents a FY 2023 RCN capital grant funding request of $60,353,730 under the NAE program. As noted in Table 8 and Table 9, the grant request amount is 73.0%, below the maximum Federal share. The requested grant is proposed extent of Federal funding. The non - Federal funds proposed are 27.0% of the future eligible project costs. No Funding Limitations There are no restrictions on identified funding sources as to contingencies, time horizons, or other provisions that would limit the use of the funds. The City of Miami elected officials have endorsed the Connecting Miami: I-395 Underdeck and Heritage Trail project. 3 Attachment: File # 17931 - Backup (17931 : Authorize Grant Issuance to City of Miami: Interstate 395 ("1-395") Heritage Trail/Signature Bridge) Packet Pg. 71 4.4 SEOPW Board of Commissioners Meeting July 24, 2025 SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY INTER -OFFICE MEMORANDUM To: Board Chair Christine King Date: July 17, 2025 and Members of the CRA Board File: 17730 From: James McQueen Executive Director Subject: First Amendment to the Professional Services Agreement with Hood Design Studio, Inc. Enclosures: File # 17730 - Exhibit A File # 17730 - Exhibit B File # 17730 - Backup BACKGROUND: A Resolution of the Board of Commissioners of the Southeast Overtown/Park West Community Redevelopment Agency ("SEOPW CRA"), with attachment(s), authorizing the Executive Director to execute an Amendment to the Professional Services Agreement ("PSA"), in substantially the form attached as Exhibit `B," with Hood Design Studio, Inc. ("H.D.S."), a Foreign Profit Corporation authorized to conduct business in the State of Florida, for major landscape architectural, redesign and improvement services ("Purpose") for the Northwest 9th Street Pedestrian Mall, Miami, Florida 33136 ("Property"), authorized pursuant to Request for Qualifications ("RFQ") No. 23-01 and Resolution No. CRA-R-23-0063, increasing the existing contract value, in an amount not to exceed Two Million Six Hundred Thousand Dollars and Zero Cents ($2,600,000.00) ("Funds"), for a total amount not to exceed Two Million Nine Hundred Thousand Dollars and Zero Cents ($2,900,000.00). On May 24, 2023, the SEOPW CRA issued Request for Qualifications ("RFQ") No. 23-01 for Landscape Architecture Services for Northwest 9th Street Pedestrian Mall Improvements ("Project"). Pursuant to the evaluation criteria and procedures outlined in RFQ 23-01, a selection committee was convened, scoring H.D.S. as the top -ranked proposer. In accordance with Resolution Nos. CRA-R-23-0063 and CRA-R-24- 0031, the Executive Director executed a Professional Services Agreement ("PSA") with H.D.S. for conceptual design services, in an amount not to exceed Three Hundred Thousand Dollars and Zero Cents ($300,000.00). On March 20, 2025, H.D.S. unveiled completed plans, renderings, and a scale model for the major redesign and improvements to Northwest 9th Street Pedestrian Mall to the community, where current residents and stakeholders interacted with H.D.S. and the SEOPW CRA team. The SEOPW CRA now wishes to proceed in executing on H.D.S.'s original design concept, which requires additional phases of services, including but not limited to, schematic design, design development, construction documentation (e.g. permit plans), coordination throughout the permitting process, and assistance in the bidding of the Project for a Construction Manager or General Contractor. Packet Pg. 72 Through Resolution No. CRA-R-25-0014, which authorizes the issuance of Series 2025 Bonds, in an amount not to exceed One Hundred Seventy -Five Million Dollars and Zero Cents ($175,000,000.00), an allocation of Fifteen Million Dollars and Zero Cents ($15,000,000.00) is contemplated to fund those certain remaining portions of the Project, including the construction of the designed improvements. Thus, the SEOPW CRA seeks to amend the previously executed PSA with H.D.S., increasing the existing contract value, to allow for H.D.S. to complete the additional services required to proceed with the Proj ect. It is recommended that the Board of Commissioners of the SEOPW CRA approve and adopt the attached Resolution authorizing the Executive Director to amend the PSA, in substantially the form attached as Exhibit "B," and allocate additional Funds, bringing the total cost to an amount not to exceed Two Million Nine Hundred Thousand Dollars and Zero Cents ($2,900,000.00), for the Purpose stated herein. 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...." Section 2, Goal 6 of the Plan encourages "[i]mprov[ing] the quality of life for residents" as a stated redevelopment goal. Section 2, Principle 5 of the Plan lists "walking within the neighborhood must be accessible, safe, and pleasant" as a guiding principle. Lastly, Section 2, Principle 14 of the Plan emphasizes efforts to "[r]estore a sense of community and unify the area culturally" as a stated redevelopment principle. FUNDING: Previous allocation: $300,000.00 Additional funding: $2,600,000.00 Total funding: $2,900,000.00 from Account No. 10050.920101.531000.0000.00000 - "SEOPW Professional Services (Other)" FACT SHEET: Entity name: Hood Design Studio, Inc. Project address: Northwest 9th Street Pedestrian Mall, Miami, Florida 33136 (Northwest 9th Street from Northwest 3rd Avenue to Northwest 1 St Court). Summary: Authorization for execution of an Amendment to the Professional Services Agreement with Hood Design Studio, Inc. for additional landscape architecture services for major redesign and improvements to the Northwest 9th Street Pedestrian Mall. Page 2 of 7 Packet Pg. 73 4.4 AGENDA ITEM FINANCIAL INFORMATION FORM SEOPW CRA CRA Board Meeting Date: July 24, 2025 CRA Section: Brief description of CRA Agenda Item: AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE A FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR MAJOR LANDSCAPE ARCHITECTURAL, REDESIGN AND IMPROVEMENT SERVICES FOR THE NORTHWEST 9TH STREET PEDESTRIAN MALL IN AN AMOUNT NOT TO EXCEED $2,600,000.00, FOR A TOTAL AMOUNT NOT TO EXCEED $2,900,000.00. Project Number YES, there Account Code: (if applicable): are sufficient funds in Line Item: 10050.920101.531000.0000.00000 Amount:$ 2, 6 0 0, 0 0 0.0 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: Funds were reallocated from the Budget Reserve. Page 3 of 7 Packet Pg. 74 4.4 Approved by: Approval: Executive Director 6/5/2025 Jxecutive Director 7/17/2025 __ Miguel A Valentin,, Finance Officer 6/5/2025 Miguel A Valentin,, Finance Officer 7/17/2025 Miguel A Valentin, Finance Officer 7/17/2025 Page 4 of 7 Packet Pg. 75 4.4 Southeast Overtown/Park West Community Redevelopment Agency File Type: CRA Resolution Enactment Number: File Number: 17730 Final Action Date: A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY ("SEOPW CRA"), WITH ATTACHMENT(S), AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT ("PSA"), IN SUBSTANTIALLY THE FORM ATTACHED AS EXHIBIT "B," WITH HOOD DESIGN STUDIO, INC., A FOREIGN PROFIT CORPORATION AUTHORIZED TO CONDUCT BUSINESS IN THE STATE OF FLORIDA ("H.D.S."), FOR MAJOR LANDSCAPE ARCHITECTURAL, REDESIGN AND IMPROVEMENT SERVICES ("PURPOSE") FOR THE NORTHWEST 9TH STREET PEDESTRIAN MALL, MIAMI, FLORIDA 33136 ("PROPERTY"), AUTHORIZED PURSUANT TO REQUEST FOR QUALIFICATIONS ("RFQ") NO. 23-01 AND RESOLUTION NO. CRA-R-23-0063, INCREASING THE EXISTING CONTRACT VALUE, IN AN AMOUNT NOT TO EXCEED TWO MILLION SIX HUNDRED THOUSAND DOLLARS AND ZERO CENTS ($2,600,000.00) (`FUNDS"), FOR A TOTAL AMOUNT NOT TO EXCEED TWO MILLION NINE HUNDRED THOUSAND DOLLARS AND ZERO CENTS ($2,900,000.00); ALLOCATING FUNDS FROM ACCOUNT NO. 10050.920101.531000.0000.00000 - "SEOPW PROFESSIONAL SERVICES (OTHER)"; FURTHER AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE ANY AND ALL DOCUMENTS, ALL IN A FORM ACCEPTABLE TO COUNSEL; 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 ("Redevelopment Area") in accordance with the 2018 Updated Southeast Overtown/Park West Redevelopment Plan (the "Plan"); and WHEREAS, Section 2, Goal 6 of the Plan encourages "[i]mprov[ing] the quality of life for residents" as a stated redevelopment goal; and WHEREAS, Section 2, Principle 5 of the Plan states that "walking within the neighborhood must be accessible, safe, and pleasant" as a stated redevelopment principle; and WHEREAS, Section 2, Principle 14 of the Plan lists "restor[ing] a sense of community and unify[ing] the area culturally" as a stated redevelopment principle; and WHEREAS, on May 24, 2023, the SEOPW CRA issued Request for Qualifications ("RFQ") No. 23-01 for landscape architecture design services for improvements ("Services") to the Northwest 9ti' Street Pedestrian Mall, Miami, Florida 33136 ("Property"); and Page 5 of 7 Packet Pg. 76 4.4 WHEREAS, Hood Design Studio, Inc., a Foreign Profit Corporation authorized to conduct business in the State of Florida ("H.D.S."), submitted a proposal in response thereto, which the Board of Commissioners accepted on December 14, 2023, through Resolution No. CRA-23-0063, as the top ranked proposer, pursuant to the evaluation criteria and procedures outlined in RFQ No. 23-01; and WHEREAS, on December 14, 2023, the Board of Commissioners adopted Resolution No. CRA- 23-0063, which accepted H.D.S. as the top ranked proposer to the RFQ and authorizing the Executive Director to negotiate a Professional Services Agreement ("PSA") with H.D.S. for the Services to the Property in an amount not to exceed Three Hundred Thousand Dollars and Zero Cents ($300,000.00) ("Funds") and bring said PSA back to the Board of Commissioners for final approval; and WHEREAS, on May 23, 2024, the Board of Commissioners adopted Resolution No. CRA-24- 0031, which authorized the Executive Director to execute the PSA, attached and incorporated herein as Exhibit "A," with H.D.S., and further authorized the allocation of the Funds for the Services to the Property; and WHEREAS, on March 20, 2025, at a publicly noticed community meeting, H.D.S. unveiled completed conceptual design plans, models and renderings, thereby completing a portion of the preliminary scope of services of the PSA, as outlined in Exhibit "A," attached and incorporated herein; and WHEREAS, on April 10, 2025, the Board of Commissioners adopted Resolution No. CRA-R-25- 0014, authorizing the issuance of Series 2025 Bonds in an amount not to exceed One Hundred Seventy - Five Million Dollars and Zero Cents ($175,000,000.00), which contemplates an allocation of Fifteen Million Dollars and Zero Cents ($15,000,000.00) toward the Services at the Property; and WHEREAS, the Executive Director seeks authorization to amend the PSA ("Amendment"), in substantially the form attached as Exhibit `B," with H.D.S. to allow for remaining portions of work, including schematic design, design development, construction documentation, permit coordination, and construction bidding phase assistance in order to close out a major phase of the Project ("Purpose"); and WHEREAS, the Amendment for said Purpose is estimated to increase the existing contract value in an amount not to exceed Two Million Six Hundred Thousand Dollars and Zero Cents ($2,600,000.00) ("Funds"); and WHEREAS, the Board of Commissioners wishes to authorize the Executive Director to execute the Amendment, in substantially the attached form attached as Exhibit "B," with H.D.S., further authorizing the additional allocation of the Funds for the additional Services at the Property, for a total allocation not to exceed Two Million Nine Hundred Thousand Dollars and Zero Cents ($2,900,000.00); and WHEREAS, the Board of Commissioners finds that adopting this Resolution would further the redevelopment goals and objectives of the SEOPW CRA; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY: 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. Page 6 of 7 Packet Pg. 77 4.4 Section 2. The Executive Director is hereby authorized to execute the Amendment, in substantially the form attached as Exhibit "B," with H.D.S. for the purpose stated herein. Section 3. The Executive Director is further authorized' to allocate the additional funds in an amount not to exceed Two Million Six Hundred Thousand Dollars and Zero Cents ($2,600,000.00) for a total allocation not to exceed Two Million Nine Hundred Thousand Dollars and Zero Cents ($2,900,000.00) from Account No. 10050.920101.531000.0000.00000 - "SEOPW Professional Services (Other)" for said Purpose. Section 4. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND LEGAL SUFFICIENCY: y"vv B ounsel 7/17/2025 i e B ounsel 6/5/2025 1 The herein authorization is further subject to compliance with all legal requirements that may be imposed, including but not limited to those prescribed by applicable State law, City Charter and City Code provisions, as adopted by the SEOPW CRA. Page 7 of 7 Packet Pg. 78 EXHIBIT "A" 4.4.a SEOPW CRA PROFESSIONAL SERVICES AGREEMENT Service Category Landscape Architecture Services N.W.9th Street Pedestrain Mall Improvements Contract Type Project Specific Consultant Hood Design Studio, Inc. TABLE OF CONTENTS ARTICLE 1 DEFINITIONS 5-6 ARTICLE 2 GENERAL CONDITIONS 7 2.01 TERM 7 2.02 SCOPE OF SERVICES 7 2.03 COMPENSATION ARTICLE 3 PERFORMANCE 7-8 3.01 PERFORMANCE AND DELEGATION 7 3.02 REMOVAL OF UNSATISFACTORY PERSONNEL 7 3.03 CONSULTANT KEY STAFF 7 3.04 TIME FOR PERFORMANCE 8 3.05 STANDARD OF CARE 8 ARTICLE 4 SUBCONSULTANTS 8 4.01 GENERAL 8 4.02 SUBCONSULTANT RELATIONSHIPS 8 4.03 CHANGES TO SUBCONSULTANTS 8 ARTICLE 5 DEFAULT 8-9 5.01 GENERAL 9 5.02 CONDITIONS OF DEFAULT 9 5.03 TIME TO CURE DEFAULT, FORCE MAJEURE. 9 ARTICLE 6 TERMINATION OF AGREEMENT 9-10 6.01 SEOPW CRA'S RIGHT TO TERMINATE 9 6.02 CONSULTANT'S RIGHT TO TERMINATE 9 6.03 TERMINATION DUE TO UNDISCLOSED LOBBYIST OR AGENT 10 ARTICLE 7 DOCUMENTS AND RECORDS 10 7.01 OWNERSHIP OF DOCUMENTS 10 7.02 DELIVERY UPON REQUEST OR CANCELLATION 10 7.03 RE -USE BY SEOPW CRA 10 7.04 NON -DISCLOSURE 10 7.05 MAINTENANCE OF RECORDS; PUBLIC RECORDS 10-11 7.06 E-VERIFY 11 ARTICLE 8 INDEMNIFICATION 11-12 ARTICLE 9 INSURANCE 12 9.01 COMPANIES PROVIDING COVERAGE 12 9.02 VERIFICATION OF INSURANCE COVERAGE 12 9.03 FORMS OF COVERAGE 12-13 9.04 MODIFICATIONS TO COVERAGE 12-13 ARTICLE 10 MISCELLANEOUS 13 10.01 AUDIT RIGHTS; INSPECTION 13 10.02 ENTIRE AGREEMENT 13 10.03 SUCCESSORS AND ASSIGNS 13 10.04 TRUTH -IN -NEGOTIATION CERTIFICATE 14 10.05 APPLICABLE LAW AND VENUE OF LITIGATION 14 10.06 NOTICES 14 10.07 INTERPRETATION 15 10.08 JOINT PREPARATION 15 10.09 PRIORITY OF PROVISIONS 15 10.10 MEDIATION - WAIVER OF JURY TRIAL 15 10.11 TIME 15 10.12 COMPLIANCE WITH LAWS 15-16 10.13 NO PARTNERSHIP 16 10.14 DISCRETION OF EXECUTIVE DIRECTOR 16 10.15 RESOLUTION OF CONTRACT DISPUTES 17 10.16 INDEPENDENT CONTRACTOR 16-17 10.17 CONTINGENCY CLAUSE 17 Attachment: File # 17730 - Exhibit A (17730 : First Amendment to the Professional Services Agreement with Hood Design Studio, Inc.) Packet Pg. 79 EXHIBIT "A" 4.4.a PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 10.18 THIRD PARTY BENEFICIARY 17 10.19 ADDITIONAL TERMS AND CONDITIONS 17 10.20 SEVERABILITY 17 10.21 COUNTERPARTS; ELECTRONIC SIGNATURES 17 ATTACHMENT A - SCOPE OF WORK 21-22 ARTICLE Al GENERAL 21-22 A1.01 SCOPE OF SERVICES 21-22 A1.02 WORK ORDERS 22 A1.03 PAYMENTS 22 ARTICLE A2 OVERVIEW OF PROJECT SERVICES 22-23 A2.01 TIME FRAMES FOR COMPLETION 22-23 ARTICLE A3 ADDITIONAL SERVICES 23-24 A3.01 GENERAL 23-24 A3.02 EXAMPLES 24 A3.03 ADDITIONAL DESIGN 24 ARTICLE A4 REIMBURSABLE EXPENSES 24-25 A4.01 GENERAL 25 A4.02 SUBCONSULTANT REIMBURSEMENTS 25 ARTICLE A5 SEOPW CRA'S RESPONSIBILITIES 25 A5,01 PROJECT AND SITE INFORMATION 25 A5.02 CONSTRUCTION MANAGEMENT 27 SCHEDULE Al - SUBCONSULTANTS 27 SCHEDULE A2 - KEY STAFF 27 ATTACHMENT B - COMPENSATION AND PAYMENTS 28 ARTICLE B1 METHOD OF COMPENSATION 28 B1.01 COMPENSATION LIMITS 28 B1.02 CONSULTANT NOT TO EXCEED 28 ARTICLE B2 COMPUTATION OF FEES AND COMPENSATION 28 B2.01 LUMP SUM 28 B2.01-2 MODIFICATIONS TO LUMP SUM 28 B2.01-3 LUMP SUM COMPENSATION 28 B2.02 HOURLY RATE FEES 36 B2.03 REIMBURSABLE EXPENSES 29 B2.04 FEES FOR ADDITIVE OR DEDUCTIVE ALTERNATES 30 B2.05 PAYMENT EXCLUSIONS 36 B2.06 FEES RESULTING FROM PROJECT SUSPENSION 37 ARTICLE B3 PAYMENTS TO THE CONSULTANT 29 B3.01 PAYMENTS GENERALLY 29 B3.02 FOR COMPREHENSIVE BASIC SERVICES 29 B3.03 PAYMENT FOR ADDITIONAL SERVICES AND REIMBURSABLE EXPENSES 29 B3.04 DEDUCTIONS 29-30 ARTICLE B4 COMPENSATION FOR REUSE OF PLANS AND SPECIFICATIONS 30 B4.01 GENERAL 30 ATTACHEMENT B - Compensation and Payments 31 B4.02 REIMBURSEMENTS TO THE SUBCONSULTANTS 31 ARTICLE B5 COMPENSATION FOR REUSE OF PLANS AND SPECIFICATIONS 30 B5.01 GENERAL 30 SCHEDULE B1 - WAGE RATE SUMMARY 31 SCHEDULE B2 - CONSULTANT INVOICE 32 Landscape Architecture Services N.W. 9th Street Pedestrian Mall Improvements 2 RFQ No. 23-01 Attachment: File # 17730 - Exhibit A (17730 : First Amendment to the Professional Services Agreement with Hood Design Studio, Inc.) Packet Pg. 80 EXHIBIT "A" PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 4.4.a SEOPW CRA PROFESSIONAL SERVICES AGREEMENT Service Category Landscape Architecture Services for Pedestrain Mall Improvements N.W. 9th Street Contract Type Landscape Architecture Services Consultant Office Location 3016 Filbert Street Studio 2 Oakland, CA 94608 THIS PROFESSIONAL SERVICES AGREEMENT (the "PSA" or this "Agreement") made this 2_day of DefORY in the year 2024 by and between the Southeast Overtown/Park West Community Redevelopment Agency ("SEOPW CRA"), a community redevelopment agency created pursuant to Chapter 163, Florida Statutes, responsible for carrying out community redevelopment activities and projects within its redevelopment area in accordance with the 2018 Southeast Overtown/Park West Redevelopment Plan Update, hereinafter called the "SEOPW CRA," and Hood Design Studio, Inc., hereinafter called the "Consultant." RECITAL A. The SEOPW CRA issued a Request for Qualifications ("RFQ") No. 23-01 on May 24, 2023, for the provision of Landscape Architecture Services N.W. 9th Street Pedestrian Mall Improvements ("Services") and the Consultant's proposal (the "Proposal"). in response thereto, was selected as one of the most qualified for the provision of said Services. The RFQ and the Proposal are sometimes referred to herein, collectively, as the Solicitation Documents (the "Solicitation Documents"), and are, by this reference, expressly incorporated into and made a part of this Agreement as if set forth in full. The Solicitation Documents are deemed as being attached hereto and incorporated by reference herein as supplemental terms, providing, however, that in the event of any conflicts(s) or inconsistencies with the terms of this Agreement, this Agreement shall control and supersede any such conflicts(s). B. WHEREAS, the SEOPW CRA, through action of the Executive Director and/or the SEOPW CRA Board of Commissioners, as applicable, has selected the Consultant in accordance with Section 287.055, Florida Statutes, (Consultants' Competitive Negotiation Act, hereinafter referred to as "CCNA"), and the applicable provisions of the City of Miami's ("City") Procurement Ordinance, including, without limitation, City Code Section 18-87, to provide the professional services as described herein. Landscape Architecture Services P.I.W. 9th Street Pedestrian Mali Improvements 3 RFQ No. 23-01 Attachment: File # 17730 - Exhibit A (17730 : First Amendment to the Professional Services Agreement with Hood Design Studio, Inc.) Packet Pg. 81 EXHIBIT "A" 4.4.a PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 WITNESSETH, that the SEOPW CRA and the Consultant, for the considerations herein set forth, agree as follows: Landscape Architecture Services N.W. 9th Street Pedestrian Mall Improvements RFQ No. 23-01 Attachment: File # 17730 - Exhibit A (17730 : First Amendment to the Professional Services Agreement with Hood Design Studio, Inc.) Packet Pg. 82 EXHIBIT "A" 4.4.a PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 ARTICLE 1 DEFINITIONS 1.01 Additional Services means any Work defined as such in a Work Order, secured in compliance with Florida Statutes and City Code. 1.02 Attachments means the Attachments to this Agreement, which are expressly incorporated by reference and made a part of this Agreement as if set forth in full. 1.03 Base Fee means the amount of compensation mutually agreed upon for the completion of Basic Services. 1.04 Basic Services means those services designated as such in a Work Order. 1.05 Board of Commissioners of the SEOPW CRA means the legislative body of the SEOPW CRA, 1.06 Executive Director means the duly appointed chief administrative officer of the SEOPW CRA. 1.07 SEOPW CRA or Owner means the SEOPW CRA, a community redevelopment agency created pursuant to Chapter 163, Florida Statutes, responsible for carrying out community redevelopment activities and projects within its redevelopment area in accordance with the 2018 Southeast Overtown/Park West Redevelopment Plan Update, the public agency that is a party hereto and for which services under this Agreement are to be performed. In all respects hereunder, the SEOPW CRA performance is pursuant to the SEOPW CRA position as the Owner of the Project. In the event the SEOPW CRA exercises its regulatory authority as a governmental body, the exercise of such regulatory authority and the enforcement of any rules, regulations, codes, laws, and ordinances shall be deemed to have occurred pursuant to the SEOPW CRA authority as a governmental body and shall not be attributable in any manner to the SEOPW CRA as a party to this Agreement. The SEOPW CRA shall be referred to herein as "SEOPW CRA." For the purposes of this Agreement, "SEOPW CRA" without modification shall mean the Executive Director who may delegate certain tasks to the Director as defined in Section 1.13. 1.08 City Risk Manager shall mean the Risk Manager of the City of Miami who heads the Department of Risk Management. 1.09 Commission means the legislative body of the SEOPW CRA. This has the same meaning as Board of Commissioners of the SEOPW CRA and is an abbreviation. 1.10 Consultant means the individual, partnership, corporation, association, joint venture, limited liability company, other recognized business entity, or any combination thereof, of properly registered professional architects, or engineers, or surveyors and mappers, as applicable, which has entered into this Agreement to provide professional services to the SEOPW CRA. 1.11 Contractor means an individual, partnership, corporation, association, joint venture, or any combination thereof, which has entered into a contract with the SEOPW CRA for construction of SEOPW CRA facilities and incidentals thereto. 1.12 Department means or refers to the SEOPW CRA's Division of Architecture & Development ("DOAAD"). 1.13 Director means the Director of Architecture & Development of the SEOPW CRA designated herein who has the authority and responsibility for managing the specific project or projects covered under this Agreement. Unless otherwise specified herein or in a Work Order, for this Agreement, the Director is the top administrator of Architecture & Development or their authorized designee. 1.14 Errors means items in the plans, specifications, or other documents prepared by the Consultant that are shown incorrectly, which results in a change to the Services and results in the need for the Contractor to perform corrective work, rework, or additional work or which causes a delay to the completion of construction. 1.15 Errors and Omissions means design deficiencies in the plans, specifications or other documents prepared by the Consultant, which fail to meet the Standard of Care. 1.16 Inspector means an employee of the SEOPW CRA or of a consulting firm hired by the SEOPW CRA and assigned by the SEOPW CRA to make observations of Work performed by a Contractor. 1.17 Key Personnel means Staff positions assigned on a full-time basis to the Program by the Program Coordinator with the Executive Director's approval, to serve as an extension of the SEOPW CRA staff typically working at the SEOPW CRA. Landscape Architecture Services N.W. 9th Street Pedestrian Mall Improvements 5 RFQ No. 23-01 Attachment: File # 17730 - Exhibit A (17730 : First Amendment to the Professional Services Agreement with Hood Design Studio, Inc.) Packet Pg. 83 EXHIBIT "A" 4.4.a PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 1.18 Notice to Proceed ("NTP") means the same as "Authorization to Proceed." A duly authorized written letter or directive issued by the Director or Project Manager acknowledging that all precedent conditions have been met and/or directing that the Consultant may begin work on the Project. 1.19 Omissions means items that are not shown or included in the plans, specifications, or other documents prepared by the Consultant which are necessary for the proper and/or safe operation of the Project or required to meet the Scope of Services. 1.20 Primary Services means those Services considered by SEOPW CRA to be fundamental to the successful management of the Project as stated in the RFQ, and in Attachment A of this Agreement. 1.21 Project Manager means an employee or representative of the SEOPW CRA assigned by the Director to manage and monitor Work to be performed under this Agreement or the construction of a project as a direct representative of the SEOPW CRA. 1.22 Program means the SEOPW CRA multi -year Stormwater Infrastructure Improvements Programs, prepared on an annual basis that details the planned financial resources and implementation schedule and strategies for the SEOPW CRA stormwater infrastructure projects over a five (5) year period. 1.23 Project means the design, construction, alteration and/or repair, and all services and incidentals thereto, of a SEOPW CRA facility as contemplated and budgeted by the SEOPW CRA. The Project or Projects shall be further defined in the Scope of Services and/or Work Order issued pursuant to this Agreement. 1.24 Professional Services means those services within the scope of the practice of architecture, professional engineering, or registered surveying and mapping, as applicable, as defined by the laws of the State of Florida, or those performed by any architect, professional engineer, or registered surveyor or mapper in connection with his or her professional employment or practice. These services may be abbreviated herein as "architectural/engineering services" or "professional services," as applicable, which are within this definition. 1.25 Professional Services Agreement ("Agreement" or "PSA") means this Agreement, all attachments, and any authorized amendments thereto. In the event of a conflict between the Request for Qualifications ("RFQ") and the Consultant's response thereto, the RFQ shall control. In the event of any conflict between the Consultant's response to the RFQ and this PSA, this PSA shall control. In the event of any conflict between this PSA and its attachments, this PSA shall control. 1.26 Resolution means the document constituting the official approval of the Board of Commissioners of the SEOPW CRA as required for the Executive Director to execute this Agreement, or increase the Project Budget, among other matters. 1.27 Risk Management Administrator means the City's Risk Management Director, or their designee, or the individual named by the Executive Director to administer matters relating to insurance and risk of loss for the SEOPW CRA. 1.28 Scope of Services or Services means a comprehensive description of the activities, tasks, design features, objectives, deliverables, and milestones required for the completion of a Project or an assignment with sufficient detail to allow a reasonably accurate estimation of resources necessary for its completion. 1.29 Subconsultant means a person or organization of properly registered professional architects, engineers, registered surveyor, or mapper, and/or other professional specialties, who has entered into a written agreement with the Consultant to furnish specified professional services for a Project or task. 1.30 Work means all services, materials and equipment provided by/or under this Agreement with the Consultant. 1.31 Work Order means a document internal to the SEOPW CRA, which authorizes the performance of specific professional services for a defined Project or Projects. 1.32 Work Order Proposal means a document prepared by the Consultant, at the request of the SEOPW CRA for Services to be provided by the Consultant on a specific phase of a Project. Landscape Architecture Services N.W. 9th Street Pedestrian Mall Improvements 6 RFQ No. 23-01 Attachment: File # 17730 - Exhibit A (17730 : First Amendment to the Professional Services Agreement with Hood Design Studio, Inc.) Packet Pg. 84 EXHIBIT "A" 4.4.a PROFESSIONAL SERVICES AGREEMENT- EXHIBIT 1 ARTICLE 2 GENERAL CONDITIONS 2.01 TERM The term of this Agreement shall take effect upon the date written above upon its execution by the authorized officers and shall be effective until final completion of construction of the Project and Final Payment is made to the Consultant. 2.02 SCOPE OF SERVICES The Consultant agrees to provide the Services as specifically described and under the special terms and conditions set forth in Attachment A, Scope of Work, hereto, which is incorporated into and made a part of this Agreement. 2.03 COMPENSATION 2.03-1 Compensation Limits: The amount of compensation payable by the SEOPW CRA to the Consultant shall generally be a lump sum not to exceed fee, based on the rates and schedules established in Attachment B, Compensation and Payments, hereto, which is incorporated into this Agreement; provided, however, that in no event shall the amount of compensation payable to the Consultant by the SEOPW CRA, exceed Two Hundred Ninety -Five Thousand Dollars and Zero Cents ($295,000.00), inclusive of Reimbursable Expenses and Owner's Contingency Allowances, as detailed in Exhibit A, Consultant Work Order Proposal, attached hereto, unless explicitly approved by action of the Board of Commissioners of the SEOPW CRA or Executive Director, as applicable, and put into effect by written amendment to this Agreement. The SEOPW CRA may, in its sole and absolute discretion, use other compensation methodologies. The SEOPW CRA shall not have any liability, nor will the Consultant have any recourse against the SEOPW CRA for any compensation, payment, reimbursable expenditures, costs, fees, or charges beyond the compensation limits of this Agreement, as it may be amended from time to time. The Work may never exceed the limitations provided in Section 287.055, Florida Statutes, Consultant's Competitive Negotiation Act, for continuing contracts and other limitations on compensation, as applicable. 2.03-2 Payments: Unless otherwise specifically provided in Attachment B, Compensation and Payments, payment shall be made in accordance with Florida Statute Chapter 218, Part VII, Local Government Prompt Payment Act, after receipt of the Consultant's invoice, which shall be accompanied by sufficient supporting documentation and contain sufficient detail, to constitute a "Proper Invoice" as defined by Section 218.72 (8), Florida Statutes, and to allow a proper audit of expenditures, should the SEOPW CRA require one to be performed. If the Consultant is entitled to reimbursement of travel expenses, then all bills authorized and approved for travel expenses shall be submitted in accordance with Section 112.061, Florida Statutes. The Consultant shall utilize Attachment B, Schedule B2 - Consultant Invoice, for the submission of invoices. ARTICLE 3 PERFORMANCE 3.01 PERFORMANCE AND DELEGATION The Services to be performed hereunder shall be performed by the Consultant's own staff, unless otherwise provided in this Agreement, or approved, in writing by the SEOPW CRA. Said approval shall not be construed as constituting an agreement between the SEOPW CRA and said another person or firm. 3.02 REMOVAL OF UNSATISFACTORY PERSONNEL Director or their designee may make written requests to the Consultant for the prompt removal and replacement of any personnel employed or retained by the Consultant, or any Subconsultants, or any personnel of any such Subconsultants engaged by the Consultant to provide and perform Services or Work pursuant to the requirements of this Agreement. The Consultant shall respond to the SEOPW CRA within fourteen (14) calendar days of receipt of such request with either the removal and replacement of such personnel or written justification as to why that may not occur. All decisions involving personnel will be made by the Consultant. Such request shall solely relate to the work of said employees under this Agreement. 3.03 CONSULTANT KEY STAFF The parties acknowledge that the Consultant was selected by the SEOPW CRA, in part, based on qualifications of particular staff identified in the Consultant's response to the SEOPW CRA solicitation, hereinafter referred to as "Key Staff." The Consultant shall ensure that Key Staff are available for Work upon request from the SEOPW CRA, as long as said Key Staff are in the Consultant's employ. The Consultant will obtain prior written approval from the Director or their designee to change or add to Key Staff. The Consultant shall provide the Director, or their designee with information required to determine Landscape Architecture Services 7 RFQ No. 23-01 N.W. 9th Street Pedestrian Mall Improvements Attachment: File # 17730 - Exhibit A (17730 : First Amendment to the Professional Services Agreement with Hood Design Studio, Inc.) Packet Pg. 85 EXHIBIT "A" 4.4.a PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 the suitability of the proposed new Key Staff. The Director will act reasonably in evaluating Key Staff qualifications. Such approval shall not constitute any responsibility or liability for t. individual's ability to perform. 3.04 TIME FOR PERFORMANCE The Consultant agrees to start all Work hereunder upon receipt of a Notice to Proceed ("NTP") issued by the Director or their designee and to complete each assignment, task or phase within the time stipulated in the NTP. Time is of the essence with respect to performance of Work under this Agreement. A reasonable extension of the time for completion of various assignments, tasks, or phases may be granted by the SEOPW CRA should there be a delay on the part of the SEOPW CRA in fulfilling its obligations under this Agreement as stated herein. Such an extension of time shall not be cause for any claims by the Consultant for additional compensation or for any damages. 3.05 STANDARD OF CARE Consultant shall use the same degree of care, skill, and diligence exercised in the performance of the services as is ordinarily possessed and exercised by members of the same profession, currently practicing, under similar circumstances ("Standard of Care") and is solely responsible for the technical accuracy and quality of their Services. Consultant shall perform all Services in compliance with Florida Administrative Code Chapter 61G1, Chapter 471 (Engineering), and Chapter 481 (Architecture, Interior Design, and Landscape Architecture) of the Florida Statutes, as amended, and all regulations promulgated applicable to these professions. Consultant shall perform due diligence, in accordance with the Standard of Care, in gathering information and inspecting a Project site prior to the commencement of design. Consultant shall be responsible for the professional quality, technical accuracy, and coordination of all Services furnished by the Consultant under this Agreement. Consultant shall correct or revise any errors, omissions, and/or deficiencies in its Services without additional compensation. Consultant shall also be liable for claims for delay costs, and any increased costs in construction, including but not limited to additional work, demolition of existing work, rework, etc., resulting from any errors, omissions, and/or deficiencies in its Services. ARTICLE 4 SUBCONSULTANTS 4.01 GENERAL 4.01-1 A Subconsultant, as defined in Article 1.28, Subconsultant is a firm that was identified as part of the consulting team during the competitive selection process by which the Consultant was chosen to perform the Services under this Agreement, and as such, is identified and listed in Attachment A, Schedule Al - Subconsultants attached hereto and incorporated herein by reference. 4.01-2 A Specialty Subconsultant is a person or organization that has, with the consent of the Director, entered into a written agreement with the Consultant to furnish unique and/or specialized professional services necessary for a project or task described under Additional Services. Such Specialty Subconsultant shall be in addition to those identified in Attachment A, Schedule Al. 4.02 SUBCONSULTANT RELATIONSHIPS 4.02-1 All services provided by the Subconsultants shall be performed pursuant to appropriate written agreements between the Consultant and the Subconsultants, which shall contain provisions that preserve and protect the rights of the SEOPW CRA under this Agreement. 4.02-2 Nothing contained in this Agreement shall create any contractual or business relationship between the SEOPW CRA and the Subconsultants. The Consultant acknowledges that the Subconsultants are entirely under his direction, control, supervision, retention, and/or discharge. 4.03 CHANGES TO SUBCONSULTANTS The Consultant shall not add to, modify, or change the Subconsultants listed in Attachment A, Schedule Al without prior written approval by the Director or designee, in response to a written request from the Consultant stating the reasons for any proposed change. ARTICLE 5 DEFAULT 5.01 GENERAL If the Consultant fails to comply with any material term or condition of this Agreement or any other Agreement it has with the SEOPW CRA, or fails to perform any of its obligations hereunder, then the Consultant 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 the Consultant, terminate this Agreement whereupon all payments, advances, or other compensation paid by the SEOPW CRA to the Consultant while the Consultant was in default shall be immediately returned to the SEOPW CRA. The Landscape Architecture Services N.W. 9th Street Pedestrian Mall Improvements 8 RFQ No. 23-01 Attachment: File # 17730 - Exhibit A (17730 : First Amendment to the Professional Services Agreement with Hood Design Studio, Inc.) Packet Pg. 86 EXHIBIT "A" 4.4.a PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 Consultant understands and agrees that termination of this Agreement under this section shall not release the Consultant from any obligation accruing prior to the effective date of termination. In the event of termination due to default, in addition to the foregoing, the Consultant shall be liable to the SEOPW CRA for all expenses incurred by the SEOPW CRA in preparing and negotiating this Agreement, as well as all costs and expenses incurred by the SEOPW CRA in the re -procurement of the Services, including consequential and incidental damages. In the event of Default, the SEOPW CRA may also suspend or withhold reimbursements to the Consultant until such time as the actions giving rise to default have been cured. 5.02 CONDITIONS OF DEFAULT A finding of Default and subsequent termination for cause may include, without limitation, any one or more of the following: 5.02-1 The Consultant fails to obtain or maintain the professional engineering certification/ licensure, insurance or bonding herein required. 5.02-2 The Consultant fails to comply, in a substantial or material sense, with any of its duties under this Agreement, with any terms or conditions set forth in this Agreement, or in any agreement it has with the SEOPW CRA, beyond the specified period allowed to cure such Default. 5.02-3 The Consultant fails to commence the Services within the time provided or contemplated herein or fails to complete the Work in a timely manner as required by this Agreement. 5.03 TIME TO CURE DEFAULT, FORCE MAJEURE. The SEOPW CRA, through the Director or designee, shall provide written notice to the Consultant as to a finding of Default, and the Consultant shall take all necessary action to cure said Default within the time stipulated in said notice, after which time, the SEOPW CRA may terminate the Agreement. The SEOPW CRA, at its sole and absolute discretion, may allow additional days to perform any required cure if the Consultant provides written justification deemed reasonably sufficient. If the Default has not been corrected by the Consultant within the time specified, the Agreement may be automatically terminated on the last day of the time stipulated in said notice, without the necessity of any further action by the SEOPW CRA. Should any such failure on the part of the Consultant be due to a condition of Force Majeure as that term is interpreted under Florida law, then the SEOPW CRA may allow an extension of time reasonably commensurate with the cause of such failure to perform or cure. ARTICLE 6 TERMINATION OF AGREEMENT 6.01 SEOPW CRA'S RIGHT TO TERMINATE The SEOPW CRA (specifically the Executive Director), has the right to terminate this Agreement for any reason or no reason, upon ten (10) business day's written notice. Upon termination of this Agreement, all charts, sketches, studies, drawings, and other data and/or documents, including all electronic (digital) copies related to Work authorized under this Agreement, whether finished or not, must be turned over to the Director or the Director's designee. The Consultant shall be paid in accordance with the provisions of Attachment B, provided that said documentation is turned over to the Director or the Director's designee within ten (10) business days of termination. Failure to timely deliver the documentation shall cause the withholding of any payments due without recourse by the Consultant until all documentation is delivered to the Director or designee. 6.01-1 The Consultant shall have no recourse or remedy from any termination made by the SEOPW CRA except to receive and retain the fees, and allowable costs or reimbursable expenses, earned as compensation for the Services that were performed in complete compliance with the Agreement, as full and final settlement of any claim, action, demand, cost, charge, or entitlement it may have, or will, have against the SEOPW CRA, its officials, or employees. The Consultant has voluntarily acknowledged the applicability of this Section by submitting a response to this solicitation. 6.02 CONSULTANT'S RIGHT TO TERMINATE The Consultant shall have the right to terminate this Agreement, in writing, for cause following breach by the SEOPW CRA, if breach of contract has not been corrected within thirty (30) calendar days from the date of the SEOPW CRA receipt of a written statement from the Consultant specifying the SEOPW CRA breach of its duties under this Agreement. Consultant shall give the SEOPW CRA prior written notice in the manner provided herein specifying the SEOPW CRA breach and afford the SEOPW CRA sixty (60) calendar days to cure. Landscape Architecture Services N.W. 9th Street Pedestrian Mall Improvements 9 RFQ No. 23-01 Attachment: File # 17730 - Exhibit A (17730 : First Amendment to the Professional Services Agreement with Hood Design Studio, Inc.) Packet Pg. 87 EXHIBIT "A" 4.4.a PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 6.03 TERMINATION DUE TO UNDISCLOSED LOBBYIST OR AGENT The Consultant warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant to solicit or secure this Agreement and that he or she has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the Consultant any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, the SEOPW CRA shall have the right to terminate the Agreement without liability and, at its discretion, to recover from the Consultant the full amount of any and all fees, commissions, percentages, gifts, or other consideration paid to undisclosed lobbyists or agents. ARTICLE 7 DOCUMENTS AND RECORDS 7.01 OWNERSHIP OF DOCUMENTS The Consultant shall assign all copyrights to any material and products or patents any invention developed under this Agreement upon Final Payment for the work performed under this Agreement. The SEOPW CRA shall have the right to visit Project sites for inspection of the work and the products of the Consultant at any time. The Consultant shall be permitted to retain copies, including reproducible copies, solely for information and reference in connection with the SEOPW CRA use and occupancy of the Project. 7.02 DELIVERY UPON REQUEST OR CANCELLATION Failure by the Consultant to promptly deliver all such documents, both hard copy and digital, to the Director or designee within ten (10) business days of cancellation, or within ten (10) business days of request by the SEOPW CRA, shall be just cause for the SEOPW CRA to withhold payment of any fees due the Consultant until the Consultant delivers all such documents. The Consultant shall have no recourse to these requirements. 7.03 RE -USE BY THE SEOPW CRA It is understood that all Consultant Agreements and/or Work Orders for new work will include provisions for the re -use of surveys, maps, plans, specifications, and other Consultant work products, at the SEOPW CRA's sole option, and, by virtue of signing this Agreement, the Consultant agrees to such re -use in accordance with this provision without the necessity of further approvals, or documents being required and without recourse for such re -use. SEOPW CRA agrees to pay Consultant $100,000.00 flat fee per location for any re -use of the work performed under this Agreement outside of the Project contemplated under this Agreement. SEOPW CRA shall give design credit to Consultant for all re -use as appropriate The Consultant will not be liable for re -use by the SEOPW CRA of plans, documents, studies, or other data for any purpose other than that intended by the terms and conditions of this Agreement. 7.04 NON -DISCLOSURE To the extent allowed by law, the Consultant agrees not to divulge, furnish, or make available to any third person, firm or organization, without Director's or their designee's prior written consent, or unless incident to the proper performance of the Consultant's obligations hereunder, or in the course ofjudicial or legislative proceedings, or otherwise required by law, where such information has been properly subpoenaed, any non-public information concerning the Services to be rendered by the Consultant hereunder, and the Consultant shall require all of its employees, agents, and Subconsultants to comply with the provisions of this paragraph. 7.05 MAINTENANCE OF RECORDS; PUBLIC RECORDS The Consultant shall keep adequate records and supporting documentation, which concern or reflect its Services hereunder. Records subject to the provisions of the Public Records Law, Florida Statutes Chapter 119, as amended, shall be kept in accordance with the applicable statutes. Otherwise, the records and documentation shall be retained by the Consultant for a minimum of three (3) years from the date of termination of this Agreement or the date the Project is completed, whichever is later. The SEOPW CRA, or any duly authorized agents or representatives of the SEOPW CRA, shall have the right to audit, inspect, and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the three (3) year period noted above, provided, however, such activity shall be conducted only during normal business hours. Consultant shall additionally comply with Section 119.0701, Florida Statutes, including without limitation: (1) Keep and maintain public records required by the SEOPW CRA to perform the service; (2) upon request from the SEOPW CRA custodian of public records, provide the SEOPW CRA with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law; (3) ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except Landscape Architecture Services 10 RFQ No. 23-01 N.W. 9th Street Pedestrian Mall Improvements Attachment: File # 17730 - Exhibit A (17730 : First Amendment to the Professional Services Agreement with Hood Design Studio, Inc.) Packet Pg. 88 EXHIBIT "A" 4.4.a PROFESSIONAL SERVICES AGREEMENT- EXHIBIT 1 as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the SEOPW CRA; (4) upon completion of the contract, transfer, at no cost, to the SEOPW CRA all public records in possession of the contractor or keep and maintain public records required by the SEOPW CRA to perform the service. If the Contractor transfers all public records to the SEOPW CRA upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the SEOPW CRA, upon request from the SEOPW CRA custodian of public records, in a format that is compatible with the information technology systems of the SEOPW CRA. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE DIVISION OF PUBLIC RECORDS AT (305) 416-1800, VIA EMAIL AT PUBLICRECORDS@MIAMIGOV.COM, OR REGULAR MAIL AT SEOPW CRA OFFICE, 819 N.W. 2ND AVENUE, 3RD FLOOR, MIAMI, FL 33136. THE CONSULTANT MAY ALSO CONTACT THE RECORDS CUSTODIAN AT THE SEOPW CRA DEPARTMENT WHO IS ADMINISTERING THIS CONTRACT. 7.06 E-VERIFY Consultant shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Consultant during the term of the Agreement and shall expressly require any Subconsultant performing work or providing services pursuant to the Agreement to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Subconsultant during the Agreement term. ARTICLE 8 INDEMNIFICATION The Consultant shall indemnify, hold harmless the SEOPW CRA and the City of Miami, its officers, agents, directors, instrumentalities, agencies, and/or employees from all liabilities, damages, losses, judgments, and costs, including, but not limited to reasonable attorney's fees, to the extent caused by the negligence, recklessness, negligent act or omission, or intentional wrongful misconduct of Consultant and persons employed or utilized by Consultant in the performance of services under this Contract. Consultant shall, further, hold the SEOPW CRA and the City of Miami, its officials and/or employees, harmless for, and defend the SEOPW CRA and the City of Miami, its officials and/or employees against, any civil actions, statutory, contractual, tort, strict liability, or other claims, actions, injuries, or damages arising or resulting from the work, unless it is alleged that the SEOPW CRA and the City of Miami, its officials and/or employees were negligent. The Consultant expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the Consultant shall in no way limit the responsibility to indemnify, keep and save harmless and defend the SEOPW CRA and the City of Miami or its officers, employees, agents, and instrumentalities as herein provided. This indemnity, hold harmless shall survive the term of this Agreement, and shall also survive the cancellation or expiration of this Agreement. This indemnity shall be interpreted under the laws of the State of Florida, including without limitation and interpretation, which conforms to the limitations of Section 725.06 and/or Section 725.08, Florida Statutes, as applicable. If any portion of the Indemnity is invalidated by a court of competent jurisdiction to be invalid, unenforceable, or illegal, the unenforceable provision shall not affect the otherwise valid terms and provisions of this Section. The applicable terms and provisions shall be deemed modified and will be given effect to the extent necessary to render such provision(s) enforceable, and the rights and obligations of the parties will be construed and enforced accordingly, preserving to the fullest extent possible the intent and agreements of the parties as are set forth in this Section. The Consultant shall require all Subconsultant agreements to include a provision that they shall indemnify the SEOPW CRA. The Consultant agrees and recognizes that the SEOPW CRA and the City of Miami shall not be held liable or responsible for any claims which may result from any actions or omissions of the Consultant in which the SEOPW CRA and the City of Miami participated, either through review or Landscape Architecture Services N.W. 9th Street Pedestrian Mall Improvements 11 RFQ No. 23-01 Attachment: File # 17730 - Exhibit A (17730 : First Amendment to the Professional Services Agreement with Hood Design Studio, Inc.) Packet Pg. 89 EXHIBIT "A" 4.4.a PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 concurrence of the Consultant's actions. In reviewing, approving, or rejecting any submissions by the Consultant or other acts of the Consultant, the SEOPW CRA and the City of Miami in no way assumes or shares any responsibility or liability of the Consultant or Subconsultant under this Agreement. The SEOPW CRA and the City of Miami constitute separate, distinct, and independent consideration for the Indemnification, knowingly acknowledged by the Consultant. ARTICLE 9 INSURANCE The Consultant shall not start Services under this Agreement until the Consultant has obtained and provided to the SEOPW CRA all insurance required hereunder and the SEOPW CRA Risk Management Administrator also known as the Director of the Risk Management Department, or their authorized designee, has approved such insurance. Should the Consultant not maintain the insurance coverage required in this Agreement, the SEOPW CRA may cancel this Agreement or, at its sole discretion, shall purchase such coverage and charge the Consultant for such coverage purchased. The SEOPW CRA shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage purchased or the insurance company or companies used. The decision of the SEOPW CRA to purchase such insurance coverage shall in no way be construed as a waiver of its rights under this Agreement. 9.01 COMPANIES PROVIDING COVERAGE All insurance policies shall be issued by companies authorized to do business under the laws of the State of Florida and satisfactory to the Risk Administrator. All companies shall have a Florida resident agent and be rated at least A(X), in accordance with A.M. Best Company's Key Rating Guide, latest edition. 9.02 VERIFICATION OF INSURANCE COVERAGE The Consultant shall furnish certificates of insurance to the SEOPW CRA and the City's Risk Management Administrator for review and approval prior to the execution of this Agreement. The Certificates shall clearly indicate that the Consultant has obtained insurance of the type, amount, and classification required by these provisions, and shall be enclosed herein as Exhibit B Insurance. The Consultant shall ensure that all Subconsultants comply with these same insurance requirements. The Consultant shall furnish copies of insurance policies pertaining to this Agreement to the SEOPW CRA within ten (10) business days of written request. The SEOPW CRA reserves the right to require a certified copy of such policies, upon written request to Consultant, as it relates to claims filed under such policies. 9.03 FORMS OF COVERAGE 9.03.1 Commercial General Liability and Automobile Liability: The Consultant shall maintain commercial general liability coverage written on a primary and non-contributory basis, with limits of at least $1,000,000.00 per occurrence, $2,000,000.00 aggregate for bodily injury and property damage. The coverage shall include Premises and Operations, Contingent and Contractual Liability, and Products and Completed Operations, with additional endorsements as applicable. Waiver of Subrogation applies in favor of the certificate holder. The coverage shall be written on a primary and non-contributory basis with the SEOPW CRA and the City of Miami listed as an additional insured as reflected by endorsement CG 2010 11/85 or its equivalent. Notice of cancellation should read thirty (30) calendar days and ten (10) business days for nonpayment. 9.03.2 Business Automobile: The Consultant shall provide business automobile liability coverage including coverage for all owned, hired, and non -owned autos with a minimal combined single limit of $1,000,000.00 naming the SEOPW CRA and the City of Miami as an additional insured with respect to this coverage. Notice of cancellation should read thirty (30) calendar days and ten (10) business days for nonpayment. 9.03.3 Professional Liability Insurance: The Consultant shall maintain Professional Liability Insurance including Errors and Omissions coverage in the minimum amount of $2,000,000.00 per claim, $2,000,000.00 aggregate providing for all sums which the Consultant shall be legally obligated to pay as damages for claims arising out of the services performed by the Consultant or any person employed by the Consultant in connection with this Agreement. This insurance Landscape Architecture Services N.W. 9th Street Pedestrian Mall Improvements 12 RFQ No. 23-01 Attachment: File # 17730 - Exhibit A (17730 : First Amendment to the Professional Services Agreement with Hood Design Studio, Inc.) Packet Pg. 90 EXHIBIT "A" 4.4.a PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 shall be maintained for at least one (1) year after completion of the construction and acceptance of any project covered by this Agreement. Coverage must reference the retroactive date. 9.03.4 Worker's Compensation Insurance: The Consultant shall maintain Worker's Compensation Insurance in compliance with Florida Statutes, Chapter 440, as amended, and Employee's Liability with a minimum limit of $500,000.00 each occurrence. 9.03.5 Subconsultant Compliance: The Consultant shall ensure that all Subconsultants comply with these same insurance requirements. 9.04 MODIFICATIONS TO COVERAGE The SEOPW CRA, the Risk Administrator or either of their authorized designee(s) reserves the right to require modifications, increases, or changes in the required insurance requirements, coverage, deductibles, or other insurance obligations by providing a thirty (30) calendar day written notice to the Consultant in accordance with Article 10.06, Notices, herein. The Consultant shall comply with such requests unless the insurance coverage is not then readily available in the national market and may request additional consideration from the SEOPW CRA accompanied by justification. ARTICLE 10 MISCELLANEOUS 10.01 AUDIT RIGHTS; INSPECTION The SEOPW CRA reserves the right to audit the Consultant's accounts during the performance of this Agreement and for three (3) years after final payment under this Agreement. The Consultant agrees to furnish copies of any records necessary, in the opinion of the Director, to approve any requests for payment by the Consultant. The inspection and audit provisions provided for SEOPW CRA contracts set forth in Section 18-101 and Section 18-102 of the SEOPW CRA Code are applicable to this Agreement and are deemed as being incorporated by reference herein. 10.02 ENTIRE AGREEMENT This Agreement, as it may be amended from time to time, represents the entire and integrated agreement between the SEOPW CRA and the Consultant and supersedes all prior negotiations, representations, or agreements, written or oral. This Agreement may not be amended, changed, modified, or otherwise altered in any respect, at any time after the execution hereof, except by a written document executed with the same formality and equal dignity herewith. Waiver by either party of a breach of any provision of this Agreement shall not be deemed to be a waiver of a breach of any other provision of this Agreement. 10.03 SUCCESSORS AND ASSIGNS The performance of this Agreement shall not be transferred pledged, sold, delegated, or assigned, in whole or in part, by the Consultant without the written consent of the SEOPW CRA, acting by and through its Board of Commissioners of the SEOPW CRA. It is understood that a sale of the majority of the stock or partnership shares of the Consultant, a merger or bulk sale, an assignment for the benefit of creditors shall each be deemed transactions that would constitute an assignment or sale hereunder requiring prior SEOPW CRA approval. The Consultant's services are unique in nature and any assignment, sale transference without Board of Commissioners of the SEOPW CRA approval shall be cause for the SEOPW CRA to terminate this Agreement. The Consultant shall have no recourse from such termination. The SEOPW CRA may require bonding, other security, certified financial statements and tax returns from any proposed assignee and the execution of an assignment/assumption Agreement in a form satisfactory to the SEOPW CRA Attorney as a condition precedent to considering approval of an assignment. The Consultant and the SEOPW CRA each binds one another, their partners, successors, legal representatives, and authorized assigns to the other party of this Agreement and to the partners, successors, legal representatives, and assigns of such party in respect to all covenants of this Agreement. 10.04 TRUTH -IN -NEGOTIATION CERTIFICATE In compliance with the Consultant's Competitive Negotiation Act, for any Project to be compensated under the Lump Sum method, the Consultant shall certify that factual unit costs supporting the compensation are accurate, complete, and current at the time of NTP. The original Project price and any addition thereto will be adjusted to exclude any significant sums by which the SEOPW CRA determines the project price was increased due to inaccurate, incomplete, and other factual unit costs. All such price adjustments will be made within one (1) year following the end of the Project. Landscape Architecture Services N.W. 9th Street Pedestrian Mall Improvements 13 RFQ No. 23-01 Attachment: File # 17730 - Exhibit A (17730 : First Amendment to the Professional Services Agreement with Hood Design Studio, Inc.) Packet Pg. 91 EXHIBIT "A" 4.4.a PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 10.05 APPLICABLE LAW AND VENUE OF LITIGATION This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. Any suit or action brought by any party, concerning this Agreement, or arising out of this Agreement, shall be brought in Miami -Dade County, Florida. Each party shall bear its own attorney's fees except in actions arising out of the Consultant's duties to indemnify the SEOPW CRA under Article 8, Indemnification, herein where the Consultant shall pay the SEOPW CRA's reasonable attorney's fees in the event the SEOPW CRA must maintain an action to enforce the duty to indemnify the SEOPW CRA. 10.06 NOTICES Whenever either party desires to give notice unto the other, such notice must be in writing, sent by electronic mail, and registered United States mail, return receipt requested, addressed to the party for whom it is intended at the place last specified; and the place for giving of notice shall remain such until it shall have been changed by written notice in compliance with the provisions of this paragraph. For the present, the parties designate the following as the respective places for giving of notice: For SEOPW CRA: James McQueen Executive Director Office of the Executive Director, SEOPW CRA 819 N.W. 2nd Avenue, 3rd Floor Miami, Florida 33136 Email: JMcQueen@miamigov.com Phone: (305) 679-6800 Brian Zeltsman, RA Director of Architecture & Development SEOPW CRA 819 N.W. 2nd Avenue, 3rd Floor Miami, Florida 33136 Email: bzeltsman(,miamigov.com Phone: (305) 679-6827 Vincent T. Brown, Esq. Staff Counsel SEOPW CRA 819 N.W. 2nd Avenue, 3rd Floor Miami, Florida 33136 Email: VTBrownmiamigov.com Phone: (305) 679-6807 CONSULTANT Paul Peters Principal 3016 Filbert St. Studio 2 Oakland, CA 94608 Email: paul@u,hooddesignstudio.com Phone: (949) 491-5149 With Copies to: Walter J. Hood 3016 Filbert St. Studio 2 Oakland, CA 94608 Landscape Architecture Services N.W. 9th Street Pedestrian Mall Improvements 14 RFQ No. 23-01 Attachment: File # 17730 - Exhibit A (17730 : First Amendment to the Professional Services Agreement with Hood Design Studio, Inc.) Packet Pg. 92 EXHIBIT "A" 4.4.a PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 10.07 INTERPRETATION The language of this Agreement has been agreed to by both parties to express their mutual intent and no rule of strict construction shall be applied against either party hereto. The headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. All personal pronouns used in this Agreement shall include the other gender, and the singular shall include the plural, and vice versa, unless the context otherwise requires. Terms such as "herein," "hereof," "hereunder," and "hereinafter" refer to this Agreement as a whole and not to any sentence, paragraph, or section where they appear, unless the context otherwise requires. Whenever reference is made to a Section or Article of this Agreement, such reference is to the Section or Article as a whole, including all the subsections of such Section, unless the reference is made to a subsection or subparagraph of such Section or Article. 10.08 JOINT PREPARATION Preparation of this Agreement has been a joint effort of the SEOPW CRA and the Consultant, and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the parties than any other. 10.09 PRIORITY OF PROVISIONS If there is a conflict or inconsistency between any term, statement, requirement, or provision of any exhibit attached hereto, any document or events referred to herein, or any document incorporated into this Agreement by reference and a term, statement, requirement, or provision of this Agreement, the term, statement, requirement, or provision contained in this Agreement shall prevail and be given effect. 10.10 MEDIATION - WAIVER OF JURY TRIAL In an effort to engage in a cooperative effort to resolve conflict which may arise during the course of the Consultant's Services under this contract, and/or following the completion of the projects(s), the parties to this Agreement agree all disputes between them shall be submitted to non -binding mediation prior to the initiation of litigation, unless otherwise agreed in writing by the parties. A certified Mediator, who the parties find mutually acceptable, will conduct any Mediation Proceedings in Miami -Dade County, State of Florida. The parties will split the costs of a certified mediator on a 50/50 basis. The Consultant agrees to include such similar contract provisions in the agreements with all Subconsultants and/or independent contractors retained for the project(s), thereby providing for non -binding mediation as the primary mechanism for dispute resolution. Each party shall bear their own attorney's fees. In an effort to expedite the conclusion of any litigation, the parties voluntarily waive their right to jury trial or to file permissive counterclaims in any action arising under this Agreement. 10.11 TIME Time is of the essence in this Agreement. Consultant shall promptly perform its duties under this Agreement and Work Orders pursuant hereto and will give the Work as much priority as is necessary to cause the Work to be completed on a timely basis in accordance with this Agreement. All Work shall be performed strictly (not substantially) within the time limitations necessary to maintain the critical path and all deadlines established in this Agreement and/or Work Orders pursuant hereto. 10.12 COMPLIANCE WITH LAWS The Consultant shall comply with all applicable laws, codes, ordinances, rules, regulations, and resolutions including, without limitation, the Americans with Disabilities Act ("ADA"), as amended, and all applicable guidelines and standards in performing its duties, responsibilities, and obligations related to this Agreement. The Consultant represents and warrants that there shall be no unlawful discrimination as provided by law in connection with the performance of this Agreement. 10.12.1 Non -Discrimination: The SEOPW CRA warrants and represents that it does not and will not engage in discriminatory practices and that there shall be no discrimination in connection with the Consultant's performance under this Agreement on account of race, color, gender, gender identity, religion, age, handicap, marital status, national origin, or sexual orientation. The Consultant further covenants that no otherwise qualified individual shall, solely by reason of their race, color, gender, gender identity, religion, age, handicap, marital status, national origin, or sexual orientation, be excluded from participation in, be denied services, or be subject to discrimination under any provision of this Agreement. 10.12.2 OSHA Compliance: The Consultant warrants that it will comply with all safety precautions as required by federal, state, and local laws, rules, regulations, and ordinances. The SEOPW CRA reserves the right to refuse the Consultant's access to SEOPW CRA property, including project jobsites, if the Consultant's employees are not properly equipped with safety gear in Landscape Architecture Services N.W. 9th Street Pedestrian Mall Improvements 15 RFC) No. 23-01 Attachment: File # 17730 - Exhibit A (17730 : First Amendment to the Professional Services Agreement with Hood Design Studio, Inc.) Packet Pg. 93 EXHIBIT "A" 4.4.a PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 accordance with OSHA regulations or if a continuing pattern of non-compliance with safety regulations is exhibited by the Consultant. 10.12.3 ADA Compliance: The Consultant shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act ("ADA") in the course of providing any work, labor or services funded by the SEOPW CRA, including Titles I and II of the ADA (regarding non- discrimination on the basis of disability) and all applicable regulations, guidelines, and standards. Additionally, the Consultant shall take affirmative steps to insure non-discrimination in employment of disabled persons. 10.13 NO PARTNERSHIP The Consultant is an independent contractor. This Agreement does not create a joint venture, partnership or other business enterprise or affiliation between the parties. The Consultant has no authority to bind the SEOPW CRA to any promise, debt, default, contract liability, or undertaking of the Consultant. 10.14 DISCRETION OF DIRECTOR Any matter not expressly provided for herein dealing with the SEOPW CRA or decisions of the SEOPW CRA shall be within the exercise of the reasonable professional discretion of the Director or the Director's authorized designee. 10.15 RESOLUTION OF CONTRACT DISPUTES The Consultant understands and agrees that all disputes between it and the SEOPW CRA based upon an alleged violation of the terms of this Agreement by the SEOPW CRA shall be submitted for resolution in the following manner. The initial step shall be for the Consultant to notify the Project Manager in writing of the dispute and submit a copy to the SEOPW CRA personnel identified in Article 10.06, Notices. Should the Consultant and the Project Manager fail to resolve the dispute the Consultant shall submit their dispute in writing, with all supporting documentation, to the Director of Architecture & Development, as identified in Article 10.06, Notices. Upon receipt of said notification, the Director of Architecture & Development shall review the issues relative to the dispute and issue a written finding. Should the Consultant and the Director of Architecture & Development fail to resolve the dispute the Consultant shall submit their dispute in writing within five (5) calendar days to the SEOPW CRA, Executive Director. Failure to submit such appeal of the written finding shall constitute acceptance of the finding by the Consultant. Upon receipt of said notification, the SEOPW CRA, Executive Director shall review the issues relative to the dispute and issue a written finding. The Consultant must submit any further appeal in writing within five (5) calendar days to the Executive Director. Failure to submit such appeal of the written finding shall constitute acceptance of the finding by the Consultant. Appeal to the SEOPW CRA, Executive Director for their resolution is required prior to the Consultant being entitled to seek judicial relief in connection therewith. Should the amount of compensation hereunder exceed Two Hundred Ninety -Five Thousand Dollars and Zero Cents ($295,000.00), the SEOPW CRA, Executive Director's decision shall be approved or disapproved by the Board of Commissioners of the SEOPW CRA. The Consultant shall not be entitled to seek judicial relief unless: (i) it has first received Executive Director's written decision, approved by Board of Commissioners of the SEOPW CRA if applicable; or (ii) a period of sixty (60) calendar days has expired after submitting to the Executive Director a detailed statement of the dispute, accompanied by all supporting documentation, or a period of (90) calendar days has expired where the Executive Director's decision is subject to Board of Commissioners of the SEOPW CRA approval; or (iii) The SEOPW CRA has waived compliance with the procedure set forth in this section by written instrument(s) signed by the Executive Director. 10.16 INDEPENDENT CONTRACTOR The Consultant has been procured and is 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 Consultant shall not attain, nor be entitled to, any rights or benefits under the Civil Service or Pension Ordinances of the SEOPW CRA, nor any rights generally afforded classified or unclassified employees. The Consultant further understands that Florida Workers' Compensation benefits available to employees of the SEOPW CRA are not available to the Consultant and agrees to provide workers' compensation insurance for any employee or agent of the Consultant rendering services to the SEOPW CRA under this Agreement. The Landscape Architecture Services N.W. 9th Street Pedestrian Mall Improvements 16 RFQ No. 23-01 Attachment: File # 17730 - Exhibit A (17730 : First Amendment to the Professional Services Agreement with Hood Design Studio, Inc.) Packet Pg. 94 EXHIBIT "A" 4.4.a PROFESSIONAL SERVICES AGREEMENT- EXHIBIT 1 SEOPW CRA is not a guarantor of any debt or obligation of the Consultant and the Consultant has no ability to bind the SEOPW CRA in this regard. 10.17 CONTINGENCY CLAUSE Funding for this Agreement is contingent on the availability of funds and continued authorization for program activities and this Agreement is subject to amendment or termination due to lack of funds, reduction of funds and/or change in regulations, upon thirty (30) calendar days' notice. 10.18 THIRD PARTY BENEFICIARY The Consultant and the SEOPW CRA agree that it is not intended that any provision of this Agreement establishes a third -party beneficiary giving or allowing any claim or right of action whatsoever by any third party under this Agreement. 10.19 ADDITIONAL TERMS AND CONDITIONS If a PSA or other Agreement was provided by the SEOPW CRA and included in this solicitation for the project(s), no additional terms, or conditions, which materially or substantially vary, modify, or alter the terms or conditions of this Agreement, in the sole opinion and reasonable discretion of the SEOPW CRA, will be considered. Any and all such additional terms and conditions shall have no force or effect and are inapplicable to this PSA or other Agreement. 10.20 SEVERABILITY If any term or provision of this Agreement, or combination of the same, is in violation of any applicable law or regulation, or is unenforceable or void for any reason, such term, provision, or combination of same shall be modified or reformed by the court to the minimum extent necessary to accomplish the intention of the entire Agreement to the maximum extent allowable, under any legal form, without violating applicable law or regulation. Notwithstanding, the remainder of the Agreement shall remain binding upon the parties. This Subsection shall not apply if there is a material breach of this Agreement causing cancelation or cancellation for convenience. 10.21 COUNTERPARTS; ELECTRONIC SIGNATURES This Agreement may be executed in counterparts, each of which shall be an original as against either Party whose signature appears thereon, but all of which taken together shall constitute but one and the same instrument. An executed facsimile or electronic scanned copy of this Agreement shall have the same force and effect as the original. The parties shall be entitled to sign and transmit an electronic signature on this Agreement (whether by facsimile, PDF, or other email transmission), which signature shall be binding on the party whose name is contained therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed Agreement upon request. END OF SECTION Landscape Architecture Services N.W. 9th Street Pedestrian Mall Improvements 17 RFQ No. 23-01 Attachment: File # 17730 - Exhibit A (17730 : First Amendment to the Professional Services Agreement with Hood Design Studio, Inc.) Packet Pg. 95 EXHIBIT "A" 4.4.a PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. WITNESS/ATTEST: Carmen Bordofsky Print Name, Title ATTEST: Consultant Secretary (Affirm Consultant Seal, if available) ATTEST: d B < nno ., . r. . 1. Jerkof the Board 'icii trt:t 7477 HOOD DESIGN STUDIO, INC., a Foreign Profit Corporation PAUL PETERS, PRINCIPAL Print Name, Title (Corporate Seal) HOOD DESIGN STUDIO, INC. UU 3016 Filbert Street, Ste. 2 Onkland, CA 94608 SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY, a public agency and body corporate created pursuant to Section 163.356, Florida Statutes s McQueen ecutive Director APPROVED AS TO INSURANCE APPROVED AS TO LEGAL FORM AND REQUIREMENTS: CORRECTNESS: Ann Marie Sharpe Vincent T. Brown, Esq. Director of Risk Management Staff Counsel Landscape Architecture Services N.W. 9th Street Pedestrian Mall Improvements 18 RFQ No. 23-01 Attachment: File # 17730 - Exhibit A (17730 : First Amendment to the Professional Services Agreement with Hood Design Studio, Inc.) Packet Pg. 96 EXHIBIT "A" PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 4.4.a IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. WITNESS/ATTEST: Carmen Bordofsky Print Name, Title ATTEST: Consultant Secretary (Affirm Consultant Seal, if available) ATTEST: To 8. Han. Olerk 4f;.the Board tfl�,JtttlNl:5Si115A5��L HOOD DESIGN STUDIO, INC., a Foreign Profit Corporation PAUL PETERS, PRINCIPAL Print Name, Title (Corporate Seal) HOOD DESIGN n j tON (� �J 301 hSTUDI©I Filber151reetNC, Ste. 2 Oakland, CA 94608 SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY, a public agency and body corporate created pursuant to Section 163.356, Florida Statutes es McQueen Executive Director APPROVED AS TO INSURANCE APPROVED AS TO LEGAL FORM AND REQUIREMENTS: CORRECTNESS: Ann Marie Sharpe Vincent T. Brown, Esq. Director of Risk Management Staff Counsel Landscape Architecture Services N.W. 9th Street Pedestrian Mall Improvements 18 RFQ No. 23-01 Attachment: File # 17730 - Exhibit A (17730 : First Amendment to the Professional Services Agreement with Hood Design Studio, Inc.) Packet Pg. 97 EXHIBIT„PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 4.4.a CERTIFICATE OF AUTHORITY (IF CORPORATION OR LLC) I HEREBY CERTIFY that at a meeting of the Board of Directors of , a corporation organized and existing under the laws of the State of , held on the ` day of , a resolution was duly passed and adopted authorizing (Name) as (Title) of the corporation to execute agreements on behalf of the corporation and providing that their execution thereof, attested by the secretary of the corporation, shall be the official act and deed of the corporation. I further certify that said resolution remains in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this _ day of , 20 Secretary: Print: CERTIFICATE OF AUTHORITY (IF PARTNERSHIP) I HEREBY CERTIFY that at a meeting of the Board of Directors of , a partnership organized and existing under the laws of the State of , held on the day of — , , a resolution was duly passed and adopted authorizing (Name) as (Title) of the partnership to execute agreements on behalf of the partnership and provides that their execution thereof, attested by a partner, shall be the official act and deed of the partnership. I further certify that said partnership agreement remains in full force and effect. Partner: Print: IN WITNESS WHEREOF, I have hereunto set my hand this , day of , 20 Names and addresses of partners: Name Street Address City State Zip Landscape Architecture Services N.W. 9th Street Pedestrian Mall Improvements 19 RFQ No. 23-01 Attachment: File # 17730 - Exhibit A (17730 : First Amendment to the Professional Services Agreement with Hood Design Studio, Inc.) Packet Pg. 98 EXHIBIT„PRO,FESSIONAL SERVICES AGREEMENT - EXHIBIT 1 4.4.a CERTIFICATE OF AUTHORITY (IF JOINT VENTURE) Joint ventures must submit a joint venture agreement indicating that the person signing this Agreement is authorized to sign documents on behalf of the joint venture. If there is no joint venture agreement, each member of the joint venture must sign this Agreement and submit the appropriate Certificate of Authority (corporate, partnership, or individual). CERTIFICATE OF AUTHORITY (IF INDIVIDUAL) I HEREBY CERTIFY that, I (Name) , individually and doing business as (d/b/a) (If Applicable) have executed and am bound by the terms of the Agreement to which this attestation is attached. IN WITNESS WHEREOF, I have hereunto set my hand this day of , 20_ Signed: Print: NOTARIZATION STATE OF SS: COUNTY OF ) The foregoing instrument was acknowledged before me this day of 20 , by , who is personally known to me or who has produced as identification and who (did / did not) take an oath. SIGNATURE OF NOTARY PUBLIC STATE OF FLORIDA PRINTED, STAMPED OR TYPED NAME OF NOTARY PUBLIC Landscape Architecture Services N.W. 9th Street Pedestrian Mall Improvements 20 RFQ No. 23-01 Attachment: File # 17730 - Exhibit A (17730 : First Amendment to the Professional Services Agreement with Hood Design Studio, Inc.) Packet Pg. 99 EXHIBIT„PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 4.4.a ATTACHMENT A - SCOPE OF WORK ARTICLE Al GENERAL The SEOPW CRA has procured a qualified and experienced landscape architectural firm to provide design services for Landscape Architecture Services N.W. 9th Street Pedestrian Mall Improvements ("Project"), under the oversight of the DOAAD, and in accordance with all applicable laws, building and environmental regulations, including code requirements for the State of Florida, Miami -Dade County, and the SEOPW CRA, as well as the Scope of Services contained in this RFQ. The Contractor and its Subconsultants must be able to perform every element and task included in, but not limited to, those outlined in Section A1.01, "Scope of Services," The Consultant has been selected in accordance with Section 287.055 of the Florida Statutes, CCNA, as amended. A1.01 SCOPE OF SERVICES The Consultant shall provide concept design services, as later described, for the following scope items: 1. Hardscape and softscape layout; 2. Pedestrian pavements; 3. Landscape walls, steps, railings and related site structural elements not a part of the building; 4. Fences, decks and seating; 5. Site furniture including planter pots, trash receptacles and drinking fountains; 6. Selection, and location of offsite lighting. (Site lighting circuitry is not included in contract); 7. Planting and soils; and 8. Participation in selection of site sculpture. Deliverables: • Conceptual diagram(s) and sketch(es). • One (1) overall illustrative site plan. • Site sections and/or site elevations; anticipated up to three (3). • Up to five (5) conceptual renderings. • Walk-thru animation (approx. 1 minute in length). • Concept level cost estimate. • PDF, including brief narrative of the landscape concept. Exclusions to Scope of Services The Client shall provide the following information or services as required for performance of the work. Consultant assumes no responsibility for the accuracy of such information or services and shall not be liable for error or omissions therein. Should Consultant be required to provide services in obtaining or Landscape Architecture Services N.W. 9th Street Pedestrian Mall Improvements 21 RFQ No. 23-01 Attachment: File # 17730 - Exhibit A (17730 : First Amendment to the Professional Services Agreement with Hood Design Studio, Inc.) Packet Pg. 100 EXHIBIT„I'R�FESSIONAL SERVICES AGREEMENT- EXHIBIT 1 4.4.a coordinating compilation of this information, such services shall be charged as Additional Services: • Topography and boundary surveys. • Legal descriptions of property. • Soils testing and/or engineering. • Existing site engineering and utility base information. • Overhead aerial photographs at scale. • Engineering other than that provided within the Scope of Work. • Complete horticultural analysis, arborist report or recommendation of existing site vegetation. • Fountain design including mechanical, electrical, structural and plumbing. • Engineering. • Wayfinding and site signage. • Irrigation. A1.02 WORK ORDERS When DOAAD has determined that the Project is to proceed, the Director or authorized designee will request in writing a Work Order Proposal from the Consult -based on the proposed Scope of Services provided to the Consultant in writing by the Director or designee. The Consultant and Director or designee, and others, if appropriate, may have preliminary meetings, if warranted, to further define the Scope of Services and to resolve any questions. The Consultant shall then prepare a Work Order Proposal following the format provided by the SEOPW CRA, indicating the proposed Scope of Services, time of performance, staffing, proposed fees, Subconsultants, and deliverable items and/or documents. The Director or designee may accept the Work Order Proposal as submitted, reject the Work Order Proposal, or negotiate revisions to the Work Order Proposal. Upon acceptance of a Work Order Proposal, department staff will prepare a Work Order that will be reviewed by the Director or designee. Upon approval, department staff will issue a written Notice to Proceed (NTP) subsequent to approval of the Work Order by the Director or designee. A1.03 PAYMENTS Invoices shall be billed monthly based on percentage of work performed. In the event invoices exceed sixty (60) days past due the Consultant shall suspend services. ARTICLE A2 OVERVIEW OF PROJECT SERVICES A2.01 TIME FRAMES FOR COMPLETION The following time frames are sequential from the date of the NTP. A concurrent project timeline is attached as Schedule A5. Concept Design Timeline: 5 months Consultant Team will attend an in -person kick-off meeting with the client to tour the site and set project objectives and goals, review milestones for project schedule. During the concept design phase, the Consultant will create a set of ideas for the 9th Street Pedestrian Mall in order to envision a central civic space for Overtown, that embodies the neighborhood identity and envisions a beautiful future. During the design phase the Consultant team will: Landscape Architecture Services N.W. 9th Street Pedestrian Mall Improvements 22 RFQ No. 23-01 Attachment: File # 17730 - Exhibit A (17730 : First Amendment to the Professional Services Agreement with Hood Design Studio, Inc.) Packet Pg. 101 EXHIBIT„PR�'FESSIONAL SERVICES AGREEMENT - EXHIBIT 1 4.4.a • Host bi-weekly web -based design meetings with the client to provide design updates. • Includes two (2) in person site visit for up to (3) three Hood team for 2 nights in Miami including all associated travel costs. • Includes one (1) presentation and submission for feedback at 50% Concept Design. • Includes one (1) presentation and submission for costing at 100% Concept Design. Schedule: • Kickoff Meeting & Site Visit (Week 1) o Site visit to Miami to meet the client, tour the site, and create an initial set of conversations around the goals and objectives of the project. o Meet with key stakeholders as identified by the client. o Potential for curated site walk including stakeholders. • Research & Initial Ideation (Weeks 2-10) o Develop a set of initial ideas with bi-weekly check -ins with the client and/or key stakeholders. o Communicate concept design using sketches, diagrams, 3D model views, plans and sections. • 50% Concept Design Presentation (Week 11) o Web -based presentation of draft concept design to client. o Based on presentation, client provides feedback for further design iteration. • Feedback & Response (Weeks 12-15) o Revise design based on client feedback from Draft Concept Presentation. o Prepare final renderings and drawings. o Consolidate design documents into a single PDF package. • Final Concept Presentation (Week 16) o Web -based final presentation to client and stakeholders. • Costing (Week 17-19) o Three week costing period to provide project construction cost conducted by third- party Forella Group. • Next Steps (Week 20) o Final concept phase presentation to review construction cost and determine the project's next steps. ARTICLE A3 ADDITIONAL SERVICES A3.01 GENERAL Landscape Architecture Services N.W. 9th Street Pedestrian Mall Improvements 23 RFQ No. 23-01 Attachment: File # 17730 - Exhibit A (17730 : First Amendment to the Professional Services Agreement with Hood Design Studio, Inc.) Packet Pg. 102 EXHIBIT„PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 4.4.a Services categorized below as "Additional Services" may be specified and authorized by SEOPW CRA and are normally considered to be beyond the scope of the Basic Services. Additional Services shall either be identified in a Work Order or shall be authorized by prior written approval of the Director or Executive Director and will be compensated for as provided in Attachment B, Article B3.05, Fees for Additional Services. A3.02 EXAMPLES Except as may be specified in Schedule A herein, Additional Services may include, but are not limited to the following: A3.02-1 Appraisals: Investigation and creation of detailed appraisals and valuations of existing facilities, and surveys or inventories in connection with construction performed by the SEOPW CRA. A3.02-2 Specialty Design: Any additional special professional services not included in the Scope of Work. A3.02-3 Pre -Design Surveys & Testing: Environmental investigations, site evaluations, or comparative studies of prospective sites. Surveys of the existing structure required to complete as -built documentation are not additional services. A3.02-4 Extended Testing & Training: Extended assistance beyond that provided under Basic Services for the initial start-up, testing, adjusting and balancing of any equipment or system; extended training of SEOPW CRA's personnel in operation and maintenance of equipment and systems, and consultation during such training; and preparation of operating and maintenance manuals, other than those provided by the Contractor, sub -contractor, or equipment manufacturer. A3.02-5 Major Revisions: Making major revisions to drawings and specifications resulting in or from a change in Scope of Work, when such revisions are inconsistent with written approvals or Instructions previously given by the SEOPW CRA and are due to causes beyond the control of Consultant (Major revisions are defined as those changing the Scope of Work and arrangement of spaces and/or scheme and/or any significant portion thereof). A3.02-6 Expert Witness: Preparing to serve or serving as an expert witness in connection with any mediation, arbitration or legal proceeding, providing, however, that Consultant cannot testify against the SEOPW CRA in any proceeding during the course of this Agreement. A3.02-7 Miscellaneous: Any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted architectural/engineering practice related to construction. A3.02-8 Value Engineering: Any changes to the design based on the project budget and/or cost estimate. A3.03 ADDITIONAL DESIGN The SEOPW CRA may, at its option, elect to proceed with additional services relating to the Project. ARTICLE A4 REIMBURSABLE EXPENSES A4.01 GENERAL Reimbursable Expenses cover those services and items authorized by the SEOPW CRA in addition to the Basic and Additional Services and consist of actual, direct expenditures made by the Consultant and the Subconsultant for the purposes listed below. A4.01-1 Communications Expenses: Identifiable communication expenses approved by the Project Manager, long distance telephone, courier, and express mail between the Consultant's various permanent offices and Subconsultants. The Consultant's field office at the Project site is not considered a permanent office. Cell phones will not be considered as reimbursable expenses under this agreement. A4.01-2 Reproduction, Photography: Cost of printing, reproduction, or photography, beyond that which is required by or of the Consultant's part of the work, set forth in this Agreement. Landscape Architecture Services N.W. 9th Street Pedestrian Mall Improvements 24 RFQ No. 23-01 Attachment: File # 17730 - Exhibit A (17730 : First Amendment to the Professional Services Agreement with Hood Design Studio, Inc.) Packet Pg. 103 EXHIBIT„PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 4.4.a A4.01-3 Geotechnical Investigation: Identifiable Soil Borings and Reports and testing costs approved by the Project Manager. A4.01-4 Permit Fees: All Permit fees paid to regulatory agencies for approvals directly attributable to the Project. These permit fees do not include those permits required to be paid by the Consultant. A4.01-5 Surveys: Site surveys and special purpose surveys when pre -authorized by the Project Manager. A4.01-6 Other: Items not indicated in Article A4, Reimbursable Expenses, when authorized by the Project Manager. A4.02 SUBCONSULTANT REIMBURSEMENTS Reimbursable Subconsultant expenses are limited to the items described above when the Subconsultant's agreement provides for reimbursable expenses and when such agreement has been previously approved, in writing, by the Director and subject to all budgetary limitations of the SEOPW CRA and requirements of this Agreement. ARTICLE A5 SEOPW CRA RESPONSIBILITIES A5.01 PROJECT AND SITE INFORMATION The SEOPW CRA, at its expense and insofar as performance under this Agreement may require, may furnish Consultant with the information described below, or, if not readily available, may authorize Consultant to provide such information as an Additional Service, eligible as a Reimbursable Expense. A5.01-1 Surveys: Complete and accurate surveys of building sites, giving boundary dimensions, locations of existing structures, the grades and lines of street, pavement, and adjoining properties; the rights, restrictions, easements, boundaries, and topographic -data of a building -site; -and -existing - utilities information regarding sewer, water, gas, telephone and/or electrical services. A5.01-2 Soil Borings, Geotechnical Testing: Soil borings or test pits; chemical, mechanical, structural, or other tests when deemed necessary; and, if required, an appropriate professional interpretation thereof and recommendations. Consultant shall recommend necessary tests to the SEOPW CRA. A5.01-3 General Project Information: Information regarding Project Budget, City and State procedures, guidelines, forms, formats, and assistance required establishing a program. A5.01-4 Existing Drawings: Drawings representing as -built conditions at the time of original construction, subject to as -built availability. However, such drawings, if provided, are not warranted to represent conditions as of the date of receipt. Consultant must still perform field investigations as necessary to obtain sufficient information to perform its services. Investigative services in excess of "Normal Requirements," as defined, must be authorized in advance. A5.01-5 Reliability: The services, information, surveys, and reports shall be furnished at SEOPW CRA's expense, and Consultant shall be entitled to rely upon the accuracy and completeness thereof, provided Consultant has reviewed all such information to determine if additional information and/or testing is required to properly design the Project. END OF SECTION REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Landscape Architecture Services N.W. 9th Street Pedestrian Mali Improvements 25 RFQ No. 23-01 Attachment: File # 17730 - Exhibit A (17730 : First Amendment to the Professional Services Agreement with Hood Design Studio, Inc.) Packet Pg. 104 EXHIBIT„Pf�FESSIONAL SERVICES AGREEMENT - EXHIBIT 1 4.4.a Landscape Architecture Services N.W. 9th Street Pedestrian Mall Improvements 26 RFQ No, 23-01 Attachment: File # 17730 - Exhibit A (17730 : First Amendment to the Professional Services Agreement with Hood Design Studio, Packet Pg. 105 EXHIBIT„PRD'FESSIONAL SERVICES AGREEMENT - EXHIBIT 1 4.4.a ATTACHMENT A SCHEDULE Al - SUBCONSULTANTS FIRM NAME CONSULTING FIELD SCHEDULE A2 - KEY STAFF JOB CLASSIFICATION Creative Director + Founder Principal Project Manager NAME Walter Hood Paul Peters Ann Salerno Landscape Architecture Services N.W. 9th Street Pedestrian Mall Improvements 27 RFQ No. 23-01 Attachment: File # 17730 - Exhibit A (17730 : First Amendment to the Professional Services Agreement with Hood Design Studio, Inc.) Packet Pg. 106 EXHIBIT„PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 4.4.a ATTACHMENT B - COMPENSATION AND PAYMENTS ARTICLE B1 METHOD OF COMPENSATION The fees for Professional Services for each Work Order shall be determined by one of the following methods or a combination thereof, at the option of the Director or designee, with the consent of the Consultant. a) A Lump Sum as defined in Article B2.01, Lump Sum. B1.01 COMPENSATION LIMITS The aggregate sum of all payments for fees and costs, including reimbursable expenses, to the Consultant payable by the City under this Agreement shall be limited to the amount specified in Article 2.05-1 Compensation Limits, as the maximum compensation limit for cumulative expenditures under this Agreement. Under no circumstances will the City have any liability for work performed, or as otherwise may be alleged or claimed by the Consultant, beyond the cumulative amount provided herein, except where specifically approved in accordance with the City Code by the Executive Director or Board of Commissioners of the SEOPW CRA as applicable as an increase to the Agreement and put into effect via an Amendment to this Agreement. B1.02 CONSULTANT NOT TO EXCEED Absent an amendment to the Agreement or to any specific Work Order, any maximum dollar or percentage amounts stated for compensation shall not be exceeded. In the event they are so exceeded, the City shall have no liability or responsibility for paying any amount of such excess, which will be at the Consultant's own cost and expense. ARTICLE B2 COMPUTATION OF FEES AND COMPENSATION The City agrees -to -pay -the -Consultant, -and -the -Consultant agrees-to-accept-for-ser-vices-rendered pursuant to this Agreement, fees computed by one or a combination of the methods outlined above, as applicable, in the following manner: B2.01 LUMP SUM Compensation for a Scope of Work can be a Lump Sum and must be mutually agreed upon in writing by the SEOPW CRA and the Consultant and stated in a Work Order. Lump Sum compensation is the preferred method of compensation. B2.01-1 Lump Sum: Shall be the total amount of compensation where all aspects of Work are clearly defined, quantified and calculated. B2.01-2 Modifications to Lump Sum: If the City authorizes a substantial or material change in the Scope of Services, the Lump Sum compensation for that portion of the Services may be equitably and proportionately adjusted by mutual consent of the Director or designee and Consultant, subject to such additional approvals as may be required by legislation or ordinance. B2.01-3 Lump Sum Compensation: Compensation shall be calculated by Consultant,. Prior to issuing a Work Order, the SEOPW CRA may require Consultant, to verify or justify its requested Lump Sum compensation. Such verification shall present sufficient information as depicted in Attachment A, Schedule A2 - Key Staff. B2.02 REIMBURSABLE EXPENSES Any fees for authorized reimbursable expenses shall not include charges for the Consultant handling, office rent or overhead expenses of any kind, including local telephone and utility charges, office and drafting supplies, depreciation of equipment, professional dues, subscriptions, etc., reproduction of drawings and specifications (above the quantities set forth in this Agreement), mailing, stenographic, clerical, or other employees time or travel and subsistence not directly related to a project. All reimbursable services shall be billed to the City at direct cost expended by the Consultant. City authorized reproductions in excess of sets required at each phase of the Work will be a Reimbursable Expense. The SEOPW CRA will reimburse the Consultant for authorized Reimbursable Expenses pursuant to the limitations of this Agreement as verified by supporting documentation deemed appropriate by Director or designee including, without limitation, detailed bills, itemized invoices, and/or copies of cancelled checks. B2.03 FEES FOR ADDITIVE OR DEDUCTIVE ALTERNATES Landscape Architecture Services N.W. 9th Street Pedestrian Mall Improvements 28 RFQ No. 23-01 Attachment: File # 17730 - Exhibit A (17730 : First Amendment to the Professional Services Agreement with Hood Design Studio, Inc.) Packet Pg. 107 EXHIBIT "A" PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 4.4.a The design of additive and deductive alternates contemplated as part of the original Scope for a Project as authorized by the Director will be considered as part of Basic Services, The design of additive and deductive alternates that are beyond the original Scope of Work and construction budget may be billed to the City as Additional Services. The fees for alternates will be calculated by one of the three methods outlined above, as mutually agreed by the Director and the Consultant. B2.04 FEES FOR ADDITIONAL SERVICES The Consultant may be authorized to perform Additional Services for which additional compensation and/or Reimbursable Expenses, as defined in this Agreement under Article A8 and B2.02 respectively, may be applicable. B3.05-1 Determination of Fee: The compensation for such services will be one of the methods described herein: mutually agreed upon Lump Sum or Hourly Rate with a Not to Exceed Limit. B3.05-2 Procedure and Compliance: An independent and detailed Notice to Proceed (NTP), and an Amendment to a specific Work Order, shall be required to be issued and signed by the Director for each additional service requested by the City. The NTP will specify the fee for such service and upper limit of the fee, which shall not be exceeded, and shall comply with the SEOPW CRA regulations, including the Purchasing Ordinance, the Consultants' Competitive Negotiation Act, and other applicable laws. B3.05-3 Fee Limitations: Any authorized compensation for Additional Services, either professional fees or reimbursable expenses, shall not include additional charges for office rent or overhead expenses of any kind, including local telephone and utility charges, office and drafting supplies, depreciation of equipment, professional dues, subscriptions, etc., reproduction of drawings and specifications, mailing, stenographic, clerical, or other employees time or travel and subsistence not directly related to a project. For all reimbursable services and Subconsultant costs, the Consultant will -apply the -multiplier -of- one -(1.0)- time -the -amount -expended by the Consultant. B2.05 PAYMENT EXCLUSIONS The Consultant shall not be compensated by the City for revisions and/or modifications to drawings and specifications, for extended construction administration, or for other work when such work is due to errors or omissions of the Consultant as determined by the City. B2.06 FEES RESULTING FROM PROJECT SUSPENSION If a project is suspended for the convenience of the City for more than three months or terminated without any cause in whole or in part, during any Phase, the Consultant shall be paid for services duly authorized, performed prior to such suspension or termination, together with the cost of authorized reimbursable services and expenses then due, and all appropriate, applicable, and documented expenses resulting from such suspension or termination. If the Project is resumed after having been suspended for more than three months, the Consultant's further compensation shall be subject to renegotiation. ARTICLE B3 PAYMENTS TO THE CONSULTANT B3.01 PAYMENTS GENERALLY Payments for Basic Services may be requested monthly in proportion to services performed during each Phase of the Work. The Subconsultant fees and Reimbursable Expenses shall be billed to the City in the actual amount paid by the Consultant. The Consultant shall utilize the City's Invoice Form, which can be found at the end of this document. Failure to submit an invoice(s) within sixty (60) calendar days following the provision of Services contained in such invoice may be cause for a finding of default. Failure to use the City Form will result in rejection of the invoice. B3.02 FOR COMPREHENSIVE BASIC SERVICES For those Projects and Work Orders where comprehensive design services are stipulated, said payments shall, in the aggregate, not exceed the percentage of the estimated total Basic Compensation indicated below for each Phase. B3.03 PAYMENT FOR ADDITIONAL SERVICES AND REIMBURSABLE EXPENSES Payment for Additional Services may be requested monthly in proportion to the services performed. When such services are authorized on an Hourly Rate basis, the Consultant shall submit for approval by the Director, a duly certified invoice, giving names, classification, salary rate per hour, hours worked and total charge for all personnel directly engaged on a project or task. To the sum thus obtained, any authorized Landscape Architecture Services N.W. 9th Street Pedestrian Mall Improvements 29 RFQ No. 23-01 Attachment: File # 17730 - Exhibit A (17730 : First Amendment to the Professional Services Agreement with Hood Design Studio, Inc.) Packet Pg. 108 EXHIBIT "A" PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 4.4.a Reimbursable Services Cost may be added. The Consultant shall attach to the invoice all supporting data for payments made to or costs incurred by the Subconsultants engaged on the project or task. In addition to the invoice, the Consultant shall, for Hourly Rate authorizations, submit a progress report giving the percentage of completion of the Project development and the total estimated fee to completion. B3.04 DEDUCTIONS No deductions shall be made from the Consultant's compensation on account of liquidated damages assessed against contractors or other sums withheld from payments to contractors. ARTICLE B4 COMPENSATION FOR REUSE OF PLANS AND SPECIFICATIONS B4.01 GENERAL It is understood that all Consultant agreements and/or Work Orders for new work will include the provision for the re -use of plans and specifications, including construction drawings, at the City's sole option, by virtue of signing this agreement they agree to a re -use in accordance with this provision without the necessity of further approvals, compensation, fees, or documents being required and without recourse for such re -use. B4.02 REIMBURSEMENTS TO THE SUBCONSULTANTS Reimbursable Subconsultant's expenses are limited to the items described above when the Subconsultant agreement provides for reimbursable expenses and when such agreement has been previously approved in writing by the Director and subject to all budgetary limitations of the City and requirements of Article 85, Reimbursable Expenses, herein. ARTICLE B5 COMPENSATION FOR REUSE OF PLANS AND SPECIFICATIONS B5.01 GENERAL It is understood that all Consultant agreements and/or Work Orders for new work will include the provision of r the re -use of plans and specifications, including construction drawings, at -the City's sole option, by virtue of signing this agreement they agree to a re -use in accordance with this provision without the necessity of further approvals, compensation, fees or documents being required and without recourse for such re -use. END OF SECTION REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Landscape Architecture Services N.W. 9th Street Pedestrian Mall Improvements 30 RFQ No. 23-01 Attachment: File # 17730 - Exhibit A (17730 : First Amendment to the Professional Services Agreement with Hood Design Studio, Inc.) Packet Pg. 109 EXHIBIT "A" PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 4.4.a ATTACHMENT B - COMPENSATION AND PAYMENTS SCHEDULE B1 - WAGE RATE SUMMARY Invoices shall be billed monthly based on the percentage of work performed. In the event invoices exceed sixty (60) days past due Consultant shall suspend services. Fees Services described above shall be provided for the fixed sum of two hundred and ninety-five thousand dollars ($295,000.00). Payment Schedule Invoices shall be billed monthly based on the percentage of work performed. An initial payment of $40,000 is required in order for design work to commence. The initial payment is included in the overall design fee above. Reimbursable Expense Reimbursable expenses for travel and materials are included in the design fee. Additional Services Special requests by the Client, additional meetings or review procedures that would involve additional services will immediately be brought to the attention of the Client. A written proposal will then be submitted for approval prior to proceeding. Other additional services may include: • Presentations and products other than those specifically agreed -upon in the final contract. • Detailed models and special illustrations/renderings produced by outside consultants or vendors will be an additional service, authorized in writing by the Client. • Substantial changes to any part of the project, which had been previously approved by the Client. • Schedule delays or interruptions. Fees for additional services shall be calculated based on Hood Design Studio's standard hourly rates as follows: 2024 Walter Hood $425 Partner $315 Principal $300 Associate / PM $225 Designer $175 Admin $105 Landscape Architecture Services N.W. 9th Street Pedestrian Mall Improvements 31 RFQ No. 23-01 Attachment: File # 17730 - Exhibit A (17730 : First Amendment to the Professional Services Agreement with Hood Design Studio, Inc.) Packet Pg. 110 EXHIBIT "A" 4.4.a PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 SCHEDULE B2 - CONSULTANT INVOICE INVOICE Bill To: Company Name Address DATE: City, State Zip Code INVOICE # Bill From: Company Name Employee name (First and Last), employee title Employee email address Address City, State Zip Code DESCRIPTION AMOUNT $ Landscape Architecture Services N.W. 9th Street Pedestrian Mall Improvements TOTAL DUE $ 32 RFQ No. 23-01 Attachment: File # 17730 - Exhibit A (17730 : First Amendment to the Professional Services Agreement with Hood Design Studio, Inc.) Packet Pg. 111 EXHIBIT "A" 4.4.a Exhibit "A" Consultant Work Order Proposal Attachment: File # 17730 - Exhibit A (17730 : First Amendment to the Professional Services Agreement with Hood Design Studio, Inc.) Packet Pg. 112 ' 77 1 : irst ' men • ment to t e ' ro essiona ervices ' • reement wit ' oo. I es i 0 n tu • rffirmanim EXHIBIT "A" 4.4.a Hood Design Studio 3016 FilbertStreet Studio 2 Oakland CA 94608 USA www.hooddesignstudio.com Fee Proposal December 15, 2023 Southeast Overtown / Park West Community Redevelopment Agency 819 NW 2nd Avenue, 3rd Floor Miami FL 33136 305-679-6800 Attn: Brian Zeltsman Re: Overtown 9th Street Pedestrian Mall Landscape Architectural Design Services Miami, Florida Dear Brian, We are pleased to submiftffbRWing proposal for professionarlandcape architectural services for the Overtown Streetscape project in Miami, Florida, Throughout the design process, the Hood Team will collaborate closely with the Client and the Design Team. As applicable and as directed by the Client, the Hood team will also liaise with other stakeholders and consultants for the benefit of the project. Hood Design Studio will be solely responsible for the design scope of work in the proposal and no other design or engineering consultants are provided at this time. We have included Forella Group as a consultant in this scope of work in order to provide a conceptual level cost estimate at the end of the design phase in order to provide a budget for moving forward with design and establishing next steps at the end of the concept design phase. Project Description The project site located in the Overtown neighborhood of Miami, Florida. The scope of work (shown below) includes the existing 9t Street Pedestrian Mall, the outdoor spaces of the Black Archives / Lyric Theater and 9th Street west to the I-95. Included in this scope will be connecting the public space to its context including development to the north and south, as well as the train station and development along 1st Ave. Attachment: File # 17730 - Exhibit A (17730 : First Amendment to the Professional Services Agreement with Hood Design Studio, Packet Pg. 114 EXHIBIT "A" 4.4.a 4rMn5c5- Ku Oa,T ik al r , I I A foGl S Roc)! Exhibit A — Scope of Work Fee Proposal A. Scope of Work Hood Design Studio shall provide concept_cLesignseLvices, as later daacriberi, for_the_following scope items: 1. Hardscape and softscape layout. 2. Pedestrian pavements. 3. Landscape walls, steps, railings and related site structural elements not a part of the building. 4. Fences, decks and seating. 5. Site furniture including planter pots, trash receptacles, and drinking fountains. 6. Selection, location and mounting details of fixtures for site lighting. (Site lighting circuitry is not included in contract). 7. Planting and soils. 8. Participation in selection of site sculpture. B. Procedure HOOD Concept Design Timeline: 5 months Hood Team will attend an in person kick-off meeting with the client to tour the site and set project objectives and goals, review milestones for project schedule. During the concept design phase the Hood team will create a set of ideas for the 9th Street Pedestrian Mall in order to 2 Attachment: File # 17730 - Exhibit A (17730 : First Amendment to the Professional Services Agreement with Hood Design Studio, Inc.) Packet Pg. 115 EXHIBIT "A" 4.4.a Fee Proposal envision a central civic space for Overtown, that embodies the neighborhood identity and envisions a beautiful future. During the design phase the Hood team will: a. Host bi-weekly web -based design meetings with the client to provide design updates. b. Includes two (2) in person site visit for up to (3) three Hood team for 2 nights in Miami including all associated travel costs. c. Includes one (1) presentation and submission for feedback at 50% Concept Design. d. Includes one (1) presentation and submission for costing at 100% Concept Design. Schedule: 1. Kickoff Meeting & Site Visit (Week 1) Site visit to Miami to meet the client, tour the site, and create an initial set of conversations around the goals and objectives of the project. Meet with key stakeholders as identified by the client. Potential for curated site walk including stakeholders. 2. Research & Initial Ideation (Weeks 2-10) HOOD Develop a set of initial ideas with bi-weekly check ins with the client and/or key stakeholders. - Communicate concept design using sketches, diagrams, 3D model views, plans and sections. 3. 50% Concept Design Presentation (Week 11) - Web -based presentation of draft concept design to client. - Based on presentation, client provides feedback for further design iteration. 4. Feedback & Response (Weeks 12-15) Revise design based on client feedback from Draft Concept Presentation. Prepare final renderings and drawings. Consolidate design documents into a single PDF package. 5. Final Concept Presentation (Week 16) - Web -based final presentation to client and stakeholders. 6. Costing (Week 17-19) Three week costing period to provide project construction cost conducted by third - party Forella Group. 7. Next Steps (Week 20) Final concept phase presentation to review construction cost and determine the project's next steps. 3 Attachment: File # 17730 - Exhibit A (17730 : First Amendment to the Professional Services Agreement with Hood Design Studio, Inc.) Packet Pg. 116 EXHIBIT "A" 4.4.a Fee Proposal Deliverables: • Conceptual diagram(s) and sketch(es). • One (1) overall illustrative site plan. • Site sections and/or site elevations; anticipated up to three (3). • Up to five (5) conceptual renderings. • Walk-thru animation (approx. 1 minute in length). • Concept level cost estimate. • PDF, including brief narrative of the landscape concept. C. Assumptions a. All base information, including detailed survey (of surface and subsurface infrastructure elements), proposed building drawings, and CAD backgrounds with site context will be provided by the Client in AutoCAD 2023 compatible format. b. Complete topographic, aerial photography, utility and boundary survey information will be provided to Consultant by the Client. c. Complete horticultural analysis and recommendation of existing site vegetation will be provided to Consultant by the Client. d_AiLrequired-changes-to drawings as -a -result of inaccurate -base -information beyond Consultant's control or previously approved budgets, will be additional services. e. Fees for sub -consultants are not included (Except for Costing). Additional consultants for the project, if necessary will be recommended by the Consultant for approval by the Client. No specific proposals from additional sub -consultants have been identified at this time. D. Exclusions to Scope of Services The Client shall provide the following information or services as required for performance of the work. Consultant assumes no responsibility for the accuracy of such information or services and shall not be liable for error or omissions therein. Should Consultant be required to provide services in obtaining or coordinating compilation of this information, such services shall be charged as Additional Services. 1. Topography and boundary surveys. 2. Legal descriptions of property. 3. Soils testing and/or engineering. 4. Existing site engineering and utility base information. 5. Overhead aerial photographs at scale. 6. Engineering other than that provided within the Scope of Work. 7. Complete horticultural analysis, arborist report or recommendation of existing site vegetation. 8. Fountain design including mechanical, electrical, structural and plumbing. 9. Lighting design and lighting electrical. HOOD Attachment: File # 17730 - Exhibit A (17730 : First Amendment to the Professional Services Agreement with Hood Design Studio, Inc.) Packet Pg. 117 EXHIBIT "A" 4.4.a 10, Wayfinding and site signage. 11. Irrigation Fee Proposal E. Fees Services described above shall be provided for the fixed sum of two hundred and ninety five thousand dollars ($295,000), in accordance with the terms and conditions in Appendix A. F. Payment Schedule Invoices shall be billed monthly based on percentage of work performed. In the event invoices exceed sixty (60) days past due Hood Design Studio shall suspend services in accordance with Appendix B. APPENDIX A Reimbursable Expense Reimbursable expenses for travel and materials are included in the design fee. Additional Services Special requests by the Client, additional meetings or review procedures that would involve additional services will immediately be brought to the attention of the Client. A written proposal will then be submitted for approval prior to proceeding. Other additional services may include: • Presentations and products other than those specifically agreed -upon in the final contract. • Detailed models and special illustrations/renderings produced by outside consultants or vendors will be an additional service, authorized in writing by the Client. • Substantial changes to any part of the project, which had been previously approved by the Client. • Schedule delays or interruptions. Fees for additional services shall be calculated based on Hood Design Studio's standard hourly rates as follows: 2023 2024 2025 Walter Hood $450 $465 $480 Partner $300 $315 $325 Principal $275 $290 $285 Associate / PM $175 $185 $195 Designer $140 $150 $160 Admin $100 $105 $110 H000 5 Attachment: File # 17730 - Exhibit A (17730 : First Amendment to the Professional Services Agreement with Hood Design Studio, Inc.) Packet Pg. 118 EXHIBIT "A" 4.4.a APPENDIX B Fee Proposal Consultancy's Agreement I. CONSULTANT'S PROFESSIONAL SERVICES AND RESPONSIBILITIES 1, Consultant's scope of professional services to the Client shall consist of Landscape Design and Concept Master Planning Consulting Services as described in this Proposal. 2. Consultant's services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Project. Consultant shall submit for the Client's approval a schedule for the performance of Consultant's services which shall initially be consistent with the time periods established by the Client at the beginning of the Project and which shall be adjusted as necessary as the Project proceeds. This schedule shall include allowances for periods of time required for the Client's review and for the performance of the Client's consultants. Approval of submissions by local public authorities having jurisdiction over the Project are anticipated at this phase. The Client shall not unreasonably withhold consent to Consultant's requested adjustments nor shall Consultant be held liable for any delays to the schedule that occurred for reasons outside of Consultant's control. Consultant shall be entitled to rely on the accuracy and completeness of services and information furnished by the Client. Consultant -shall -provide -prompt -written notice -to -the -Client -if Consultant becomes aware of any errors, omissions or inconsistencies in such services or information. 3. Consultant shall be entitled to rely on the accuracy and completeness of services and information furnished by the Client. Consultant shall provide prompt written notice to the Client if Consultant becomes aware of any errors, omissions or inconsistencies in such services or information. 4. Consultant will use the site survey to be provided by the Client. Consultant suggests the Client to procure an up-to-date survey prior to beginning design development phase. II. RESPONSIBILITIES OF THE CLIENT 1. The Client shall provide full information in a timely manner regarding requirements for and limitations on the Project. The Client shall provide to Consultant, information necessary and relevant for Consultant to evaluate and act upon, including site survey and existing architectural drawings. Client acknowledges and agrees that Consultant cannot begin providing services until this information is received. 2. The Client shall furnish tests, inspections and reports if required by law or existing conditions or the scope of work, such as structural, chemical, or geological tests, tests for air, water or soil pollution, recycled water, or hazardous materials. Soils and recycled water test are anticipated as a necessary early evaluation component of the project. 3. The Client shall provide prompt written notice to Consultant if the Client becomes aware of any fault or defect in the Project, including any errors, omissions, or inconsistencies in Consultant's drawings, correspondence or documents. HOOD 6 Attachment: File # 17730 - Exhibit A (17730 : First Amendment to the Professional Services Agreement with Hood Design Studio, Inc.) Packet Pg. 119 EXHIBIT "A" 4.4.a Fee Proposal III. SUSPENSION 1. If the Client fails to make payments to Consultant in accordance with this Agreement, such failure shall be considered substantial nonperformance and cause for termination or, at Consultant's option, cause for suspension of performance of services. If Consultant elects to suspend services, Consultant shall give seven days written notice to the Client, prior to suspension of services. In the event of a suspension of services, Consultant shall have no liability to the Client for delay or damage caused the Client because of such suspension of services. If the Project has been suspended for less than 30 consecutive days due to non-payment and Client desires Consultant resume services, Consultant shall be compensated for expenses incurred in the interruption and resumption of Consultant's services, including a restart fee of $5,000. 2. If the Project is suspended for more than 30 consecutive days due to non-payment, Consultant shall be compensated for services performed prior to notice of such suspension. When the Project is resumed, Consultant shall be compensated for expenses incurred in the interruption and resumption of Consultant's services, including a restart fee of $25,000. III. TERMINATION 1. Should one party fail to substantially perform the terms of this Agreement, the conforming party, without prejudice to any other remedy available and after giving the other party seven days' notice, may terminate this Agreement for cause. When the Client terminates this Agreement for cause, the Consultant shall be entitled to receive further payment for services completed. If the Client exercises its right to terminate this Agreement for convenience without cause prior to the commencement of the Services, the Consultant shall be entitled to receive its actual reasonable and documented out-of-pocket expenses incurred through the date of such termination for services performed plus 20% of the cost of the services performed for overhead and profit, less any payments made to the Consultant prior to termination. If the Client exercises its right to terminate this Agreement for convenience without cause following the commencement of the services, the Client shall pay the Consultant for services executed; costs incurred by reason of such termination, including costs attributable to termination of subcontracts; and a termination fee, if any, equal to the reasonable profit and overhead that the Consultant would have received had the Client not terminated this Agreement, which shall be calculated as 20% of the Contract Price, less any payments already received at or prior to the time of termination. IV. REPRODUCTION AND INFORMATION 1. The Client shall furnish at his expense to Consultant all technical memoranda and any other information required for Consultant's services, HOOD 7 Attachment: File # 17730 - Exhibit A (17730 : First Amendment to the Professional Services Agreement with Hood Design Studio, Inc.) Packet Pg. 120 EXHIBIT "A" 4.4.a Fee Proposal 2. Consultant shall furnish information and progress reproductions of its work at the request of the Client. Methods of presentation shall include digital PowerPoint or PDF presentations in 11x17 or letter format. 3. Final reproductions and documents furnished to other Consultants selected by the Client shall be paid for by the Client. V. ASSIGNMENT AND DELEGATION Consultant shall not assign any rights or delegate their duties under this Agreement without the written consent of the Client. The Client and Consultant bind themselves, their partners, successors, assigns, and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. VI. MISCELLANEOUS PROVISIONS 1. This Agreement shall be governed by the law of the place of the Project. 2. Claims, disputes or other matters in question between the parties to this Agreement arising out of or relating to this Agreement or breach thereof shall be subject to and decided by mediation and arbitration. A demand for mediation shall be made within a reasonable time after the claim, dispute or other matter in question has arisen. The parties to this Agreement shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. Claims not resolved by mediation shall be decided by arbitration. All claims for mediation or arbitration shall be filed in accordance with the Rules of the American Arbitration Association. For claims of less than $75,000, American Arbitration Association fast truck rules will be employed. II. COPYRIGHT CLAUSE FOR NON-PAYMENT 1. All works, including but not limited to drawings, plans, designs, and digital materials ("Works"), created by the Consultant, remain the copyright of the Consultant until full payment has been received for the agreed -upon services. 2. Until full payment has been received by the Consultant, the Client shall not have the right to reproduce, distribute, publicly display, create derivative works, or construct from the Works without the express written permission of the Consultant. 3. This license does not include the right to create three-dimensional works or to reproduce the Works for merchandising purposes. Any rights to reproduce the work three- dimensionally or to merchandise the Works must be established pursuant to a separate agreement with the Consultant. HOOD 8 Attachment: File # 17730 - Exhibit A (17730 : First Amendment to the Professional Services Agreement with Hood Design Studio, Inc.) Packet Pg. 121 EXHIBIT "A" 4.4.a Fee Proposal 4. If the Client fails to complete the payment for the agreed -upon services within the specified time period, the Consultant retains the right to terminate this agreement and retain any payments made until that point as compensation for the time and resources expended on the Works. 5. The Client acknowledges and agrees that in case of non-payment, the Consultant may pursue any legal or equitable remedies for enforcement of these rights. III. NON -WARRANTY Consultant will prepare findings and technical memoranda or drawings and documents in accordance with generally accepted professional practices for the intended use of the project and Consultant makes no warranty either express or implied. VIII. OWNERSHIP OF DOCUMENTS 1. Drawings, specifications, and other documents, including those in electronic form, prepared by Consultant are Instruments of Service for use solely with respect to this Project. Consultant shall be deemed the author and owner of their Instruments of Service and shall retain all common law, statutory and other reserved rights, including copyrights. 2. Upon execution of this Agreement, Consultant grants to the Client a nonexclusive license to reproduce Consultant's drawings and other graphic exhibits for purposes of fundraising, promotion, and grant application, provided that the Client complies with all obligations, including prompt payment of all sums when due, under this Agreement. Any termination of this Agreement prior to completion of the Project shall terminate this license. Upon such termination, the Client shall refrain from making further reproductions of Instruments of Service and shall return to Consultant within seven days of termination all originals and reproductions in the Client's possession or control. 3. Consultant shall have the right to include photographic or artistic representations of the design of the project among Consultant's promotional and professional materials. The Client shall provide professional credit for the Consultant in the Client's promotional materials for the Project. IX. SCOPE OF AGREEMENT This Agreement and the Fee Proposal constitute the entire Agreement between the parties and there are no conditions, agreements or representations between the parties except as expressed herein. It is not the intent of the parties to the Agreement to form a partnership or joint venture. Date: 8/21 /2024 HOOD 9 Attachment: File # 17730 - Exhibit A (17730 : First Amendment to the Professional Services Agreement with Hood Design Studio, Inc.) Packet Pg. 122 EXHIBIT "A" 4.4.a Fee Proposal IN WITNESS WHEREOF, the parties hereto have executed this Agreernent the day and year first above written. "CLIENT" (Company) a By: Name: Title: "CONSULTANT" HOOD DESIGN STUDIO, INC, a California S Corporation By: Name: Paul Peters Title: Principal HOOD 10 Attachment: File # 17730 - Exhibit A (17730 : First Amendment to the Professional Services Agreement with Hood Design Studio, Inc.) Packet Pg. 123 EXHIBIT "A" 4.4.a ueines Holde. Wildes Fee Proposal SEPTEX 1 EMBER 30 ut k�a displayed gat placa k'to Cad'4 Y` (17730 : First Amendment to the Professional Services Agreement with Hood Design Studio, :c w 0 M ti ti 0 LL d E v HOOD Packet Pg. 124 �) tf`C9%. �'l�u;1 t9' $'Y''tt',sFjirii4� ,fyj HOOD D IG STIJ6tO 3016 FILBERT.ST. STUDIO, OAKLAND, CA 94608 510-595-0688 I hooddesignstudio.com 15 EXHIBIT "A" 4.4.a Exhibit "B" Insurance Attachment: File # 17730 - Exhibit A (17730 : First Amendment to the Professional Services Agreement with Hood Design Studio, Inc.) Packet Pg. 126 EXHIBIT "A" 4.4.a Insurance The Consultant shall furnish certificates of insurance to the SEOPW CRA and the City's Risk Management Administrator for review and approval prior to the execution of this Agreement. The Certificates shall clearly indicate that the Consultant has obtained insurance of the type, amount, and classification required by these provisions, and shall be enclosed herein as Exhibit B Insurance. The Consultant shall ensure that all Subconsultants comply with these same insurance requirements. The Consultant shall furnish copies of insurance policies pertaining to this Agreement to the SEOPW CRA within ten (10) business days of written request. The SEOPW CRA reserves the right to require a certified copy of such policies, upon written request to Consultant, as it relates to claims filed under such policies. FORMS OF COVERAGE • Commercial General Liability and Automobile Liability: The Consultant shall maintain commercial general liability coverage written on a primary and non-contributory basis, with limits of at least $1,000,000.00 per occurrence, $2,000,000.00 aggregate for bodily injury and property damage. The coverage shall include Premises and Operations, Contingent and Contractual Liability, and Products and Completed Operations, with additional endorsements as applicable. Waiver of Subrogation applies in favor of the certificate holder. The coverage shall be written on a primary and non-contributory basis with the SEOPW CRA and the City of Miami listed as an additional insured as reflected by endorsement CG 2010 11/85 or its equivalent. Notice of cancellation should read thirty (30) calendar days and ten (10) business days for nonpayment. • Business Automobile: The Consultant shall provide business automobile liability coverage including -coverage -for -all -owned, hired,,, and non owned autos with a minimal combined single limit of $1,000,000.00 naming the SEOPW CRA and the City of Miami as an additional insured with respect to this coverage. Notice of cancellation should read thirty (30) calendar days and ten (10) business days for nonpayment. • Professional Liability Insurance: The Consultant shall maintain Professional Liability Insurance including Errors and Omissions coverage in the minimum amount of $2,000,000.00 per claim, $2,000,000.00 aggregate providing for all sums which the Consultant shall be legally obligated to pay as damages for claims arising out of the services performed by the Consultant or any person employed by the Consultant in connection with this Agreement. This insurance shall be maintained for at least one (1) year after completion of the construction and acceptance of any project covered by this Agreement. Coverage must reference the retroactive date. • Worker's Compensation Insurance: The Consultant shall maintain Worker's Compensation Insurance in compliance with Florida Statutes, Chapter 440, as amended, and Employee's Liability with a minimum limit of $500,000.00 each occurrence. • Subconsultant Compliance: The Consultant shall ensure that all Subconsultants comply with these same insurance requirements. MODIFICATIONS TO COVERAGE The SEOPW CRA, the Risk Administrator or either of their authorized designee(s) reserves the right to require modifications, increases, or changes in the required insurance requirements, coverage, deductibles, or other insurance obligations by providing a thirty (30) calendar day written notice to the Consultant in accordance with Article 10.06, Notices, herein. The Consultant shall comply with such requests unless the insurance coverage is not then readily available in the national market and may request additional consideration from the SEOPW CRA accompanied by justification. Attachment: File # 17730 - Exhibit A (17730 : First Amendment to the Professional Services Agreement with Hood Design Studio, Inc.) Packet Pg. 127 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 4.4.b SEOPW CRA AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH HOOD DESIGN STUDIO, INC. FOR ADDITIONAL LANDSCAPE ARCHITECTURE SERVICES FOR N.W. 9TH STREET PEDESTRAIN MALL IMPROVEMENTS THIS AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT, dated October 2, 2024, (the "PSA, or "Agreement") is made this day of in the year 2025 by and between the Southeast Overtown/Park West Community Redevelopment Agency ("SEOPW CRA"), a community redevelopment agency created pursuant to Chapter 163, Florida Statutes, responsible for carrying out community redevelopment activities and projects within its redevelopment area in accordance with the 2018 Southeast Overtown/Park West Redevelopment Plan Update (hereinafter called the "Plan") and Hood Design Studio, Inc. a Foreign for profit corporation authorized to conduct business in the State of Florida, ("Consultant") (collectively, the "Parties"). RECITALS WHEREAS, the SEOPW CRA issued a Request for Qualifications ("RFQ") No. 23-01 on May 24, 2023, for the provision of Landscape Architecture Services ("Services") for improvements at the N.W. 9th Street Pedestrian Mall ("Project") and the Consultant's proposal (the "Proposal"), in response thereto, was selected as one of the most qualified for the provision of said Services; and WHEREAS, on December 14, 2023 the Board of Commissioners of the SEOPW CRA, adopted Resolution No. CRA-23-0063, which selected the Consultant in accordance with Section 287.055, Florida Statutes, and the applicable provisions of the City of Miami's ("City") Procurement Ordinance, including, without limitation, City Code Section 18-87, to provide the professional services as described herein; and WHEREAS, on May 23, 2024, the Board of Commissioners of the SEOPW CRA, adopted Resolution No. CRA-24-0031, which authorized the Executive Director to execute the PSA with Consultant for the Services; and WHEREAS, on March 20, 2025, at a publicly noticed community meeting, Consultant unveiled completed conceptual design plans, models and renderings, thereby completing a portion of the preliminary scope of services of the PSA, and thereafter requested an increase in the allocation of funds for additional Services, as described in Attachment "A" of this Agreement, attached and incorporated herein, on a phased basis; and WHEREAS, successful negotiations have been held between the SEOPW CRA and Consultant to define the level of effort and cost(s) associated with the additional Services; and WHEREAS, it is in the best interest of the SEOPW CRA to execute an Amendment to the Agreement, increasing the existing capacity of the Agreement to accommodate the additional Services by an amount not to exceed Two Million Six Hundred Thousand Dollars and Zero Cents ($2,600,000.00), from Three Hundred Thousand Dollars and Zero Cents ($300,000.00) to an amount not to exceed Two Million Nine Hundred Thousand Dollars and Zero Cents ($2,900,000.00); and WHEREAS, due to the Project being executed in phases, the SEOPW CRA's designee will have delegated authority to issue Consultant the appropriate notices to proceed for each phase, once the previous phase has been completed to the full satisfaction of the SEOPW CRA, and subject to availability of funds; and 1 Packet Pg. 128 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 4.4.b WHEREAS, on July 24, 2025, the SEOPW CRA Board of Commissioners, adopted Resolution No. CRA-R-25-00 , authorizing the corresponding increase to the existing capacity and Compensation Limits. NOW, THEREFORE, in consideration of the foregoing, the Parties hereby amend the Agreement as follows: Section 2.01-1 Extension of Term In the event the Consultant engaged in any Project(s) on the Agreement expiration date, then this Agreement shall not expire and shall remain in effect until completion or termination of said Project(s). No new Work Orders shall be issued after the expiration date. The SEOPW CRA reserves the right to extend this Agreement automatically for up to one hundred eighty (180) calendar days beyond the stated contract term, in order to provide continual service while a new agreement is being solicited, evaluated, and/or awarded. If the right is exercised, the SEOPW CRA shall notify the Consultant, in writing of its intent to extend the Agreement at the same terms and conditions for a specific number of days. Additional extensions over the first one hundred eighty (180) calendar day extension may occur. Extensions shall comply with all applicable approvals and regulations. Section 2.03-1 Compensation Limits The amount of compensation payable by the SEOPW CRA to the Consultant shall generally be a lump sum not to exceed fee, based on the rates and schedules established in Attachment B, Compensation and Payments, hereto, which is incorporated into this Agreement; provided, however, that in no event shall the amount of compensation payable to the Consultant by the SEOPW CRA, exceed Two Million Nine Hundred Thousand Dollars and Zero Cents ($2,900,000.00), inclusive of Reimbursable Expenses and Owner's Contingency Allowances, as detailed in Attachment A, Consultant Fee Proposal, attached hereto, unless explicitly approved by action of the Board of Commissioners of the SEOPW CRA or Executive Director, as applicable, and put into effect by written amendment to this Agreement. The SEOPW CRA may, in its sole and absolute discretion, use other compensation methodologies. The SEOPW CRA shall not have any liability, nor will the Consultant have any recourse against the SEOPW CRA for any compensation, payment, reimbursable expenditures, costs, fees, or charges beyond the compensation limits of this Agreement, as it may be amended from time to time. The Work may never exceed the limitations provided in Section 287.055, Florida Statutes, Consultant's Competitive Negotiation Act, for continuing contracts and other limitations on compensation, as applicable. Section 10.21 - COUNTERPARTS; ELECTRONIC SIGNATURES This Agreement may be executed in counterparts, each of which shall be an original as against either Party whose signature appears thereon, but all of which taken together shall constitute but one and the same instrument. An executed facsimile or electronic scanned copy of this Agreement shall have the same force and effect as an original. The parties shall be entitled to sign and transmit an electronic signature on this Agreement (whether by facsimile, PDF, or other email transmission), which signature shall be binding on the party whose name is contained therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed Agreement upon request. Section 10.22 - ANTI -HUMAN TRAFFICKING AFFIDAVIT The Consultant confirms and certifies that it is not in violation of Section 787.06, Florida Statutes, and that it does not and shall not use "coercion" for labor or services as defined in Section 787.06, Florida Statutes. The Consultant shall execute and submit to the SEOPW CRA 2 Packet Pg. 129 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 4.4.b an Affidavit in compliance with Section 787.06(13), Florida Statutes, attached an incorporated herein as Attachment "C." If Consultant fails to comply with the terms of this Section, the SEOPW CRA may suspend or terminate this Agreement immediately, without prior notice, and in no event shall the SEOPW CRA be liable to Consultant for any additional compensation or for any consequential or incidental damages. All other terms and conditions of the Agreement are in operative force and effect and remain unchanged. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK 3 Packet Pg. 130 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 4.4.b IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. WITNESS/ATTEST: Signature Print Name, Title ATTEST: Consultant Secretary (Affirm Consultant Seal, if available) ATTEST: Todd B. Hannon Clerk of the Board APPROVED AS TO INSURANCE REQUIREMENTS: David Ruiz Interim Director of Risk Management HOOD DESIGN STUDIO, INC., a Foreign Profit Corporation ("Consultant") Signature Print Name, Title (Corporate Seal) SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY, a public agency and body corporate created pursuant to Section 163.356, Florida Statutes ("SEOPW CRA") James D. McQueen Executive Director APPROVED AS TO LEGAL FORM AND CORRECTNESS: Vincent T. Brown, Esq. Staff Counsel 4 Packet Pg. 131 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 4.4.b CERTIFICATE OF AUTHORITY (IF CORPORATION OR LLC) I HEREBY CERTIFY that at a meeting of the Board of Directors of , a corporation organized and existing under the laws of the State of , held on the _ day of , 20_ a resolution was duly passed and adopted authorizing (Name) as (Title) of the corporation to execute agreements on behalf of the corporation and providing that their execution thereof, attested by the secretary of the corporation, shall be the official act and deed of the corporation. I further certify that said resolution remains in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this _ day of 20 . Secretary: Print: NOTARIZATION STATE OF ) ) SS: COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 20_, by , who is personally known to me or who has produced as identification and who (did / did not) take an oath. SIGNATURE OF NOTARY PUBLIC STATE OF FLORIDA PRINTED, STAMPED OR TYPED NAME OF NOTARY PUBLIC 5 Packet Pg. 132 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 4.4.b CERTIFICATE OF AUTHORITY (IF PARTNERSHIP) I HEREBY CERTIFY that at a meeting of the Board of Directors of , a partnership organized and existing under the laws of the State of , held on the day of , 20, a resolution was duly passed and adopted authorizing (Name) as (Title) of the partnership to execute agreements on behalf of the partnership and provides that their execution thereof, attested by a partner, shall be the official act and deed of the partnership. I further certify that said partnership agreement remains in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this , day of 20 Partner: Print: Names and addresses of aartners: Name Street Address City State Zip NOTARIZATION STATE OF ) ) SS: COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 20_, by , who is personally known to me or who has produced as identification and who (did / did not) take an oath. SIGNATURE OF NOTARY PUBLIC STATE OF FLORIDA PRINTED, STAMPED OR TYPED NAME OF NOTARY PUBLIC 6 Packet Pg. 133 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 4.4.b CERTIFICATE OF AUTHORITY (IF JOINT VENTURE) Joint ventures must submit a joint venture agreement indicating that the person signing this Agreement is authorized to sign documents on behalf of the joint venture. If there is no joint venture agreement, each member of the joint venture must sign this Agreement and submit the appropriate Certificate of Authority (corporate, partnership, or individual). NOTARIZATION STATE OF ) ) SS: COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 20_, by , who is personally known to me or who has produced as identification and who (did / did not) take an oath. SIGNATURE OF NOTARY PUBLIC STATE OF FLORIDA PRINTED, STAMPED OR TYPED NAME OF NOTARY PUBLIC 7 Packet Pg. 134 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 4.4.b CERTIFICATE OF AUTHORITY (IF INDIVIDUAL) I HEREBY CERTIFY that, I (Name) , individually and doing business as (d/b/a) (If Applicable) have executed and am bound by the terms of the Agreement to which this attestation is attached. IN WITNESS WHEREOF, I have hereunto set my hand this day of 20 . Signed: Print: NOTARIZATION STATE OF ) ) SS: COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 20_, by , who is personally known to me or who has produced as identification and who (did / did not) take an oath. SIGNATURE OF NOTARY PUBLIC STATE OF FLORIDA PRINTED, STAMPED OR TYPED NAME OF NOTARY PUBLIC 8 Packet Pg. 135 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 4.4.b ATTACHMENT A - SCOPE OF WORK 9 Packet Pg. 136 4.4.b HOOD Fee Proposal April 9th, 2025 Hood Design Studio 3016 Filbert Street Studio 2 Oakland CA 94608 USA www.hooddesignstudio.com Brian Zeltsman, RA Director of Architecture & Development Southeast Overtown/Park West Community Redevelopment Agency 819 NW 2nd Avenue, 3rd Floor Miami, FL 33136 Attn: Brian Zeltsman Re: Crown Overtown Landscape Architectural Design Services Miami, FL Dear Brian, We are pleased to submit the following proposal for professional landscape architectural services for Crown Overtown in Miami, FL. Throughout the design process, Hood Design Studio will collaborate closely with the Client and the Design Team. As applicable and as directed by the Client, Hood Design Studio will also liaise with other stakeholders and consultants for the benefit of the project. Additionally, Hood Design Studio may suggest other sub -consultants to join the team in key stages of the project to address specific project needs (to be discussed and confirmed by the Client; refer to Assumptions). For this scope of work, we have partnered with Naturalficial as our local landscape architect of record. Hood Design Studio will lead design and documentation work from Concept Design through end of Design Development phases with support from Naturalficial. For Construction Documentation and Construction Observation, Hood Design Studio will provide design guardianship and oversee design changes, while Naturalficial will lead documentation, coordination and construction administration. Project Roles (Hood Design Studio Team) Landscape Designer Hood Design Studio 3016 Filbert Street #2 Oakland, CA 94608 Landscape Architect of Record Naturalficial, Inc. 5879 Sunset Drive, Suite 2 South Miami, FL 33143 Packet Pg. 137 4.4.b Fee Proposal Consultant Team Discipline Water Feature Cost Estimator Operations + Maintenance Signage + Wayfinding Civil Engineering Geotechnical Engineering Traffic Engineering Lighting Architect of Record (Crown) Audio -Visual Consultant Structural Engineering Mechanical, Electrical, Plumbing Engineering Project Description Name Delta Fountains Dharam Consulting ETM Associates Formation Langan Langan Langan L'Observatoire MVA Projects Schuler Shook Tipping Vidal Associates The project site is located at NW 9th St in Miami FL. The full site (Phases 1 & 2) is approximately 1.6 acres, from NW 3rd Ave to NW 1st Ave, along NW 9th St and the Pedestrian Mall. Phase 1 is a subset of this overall site, approximately .9 acres, entirely within the 9th St Pedestrian Mall. The landscape scope of work for the site is understood to include Phase 1 & 2 for Schematic Design, and Phase 1 only from Design Development through Construction Administration. This Phase 1 site is assumed to be approximately 40,000 square feet. A project construction budget of $15 million dollars is assumed for the proposal. Scope of work and fees for Design Development onwards are currently assumed to be Phase 1 only. Exhibit A — Scope of Work HOOD 2 Packet Pg. 138 4.4.b Fee Proposal essentials of the project, including selection of materials. During the design development phase Hood Design Studio shall: a. Lead monthly web -based meetings (up to 3). b. Attend 1 in person meeting. c. Includes one (1) submission in PDF format for review and costing at 100% DD. Deliverables: • Design development level plans (materials, planting, layout, grading, lighting). • Sections at 1/8" = 1' scale. • Design details and 3D modelling of site elements. • Three (3) illustrative views/renders. • Design development diagrams and sketches. • Planting, material and site furnishing schedules. • Technical specifications. • PDF, including narrative and design drawings. III. Construction Documentation Timeline: 11 weeks Upon the Client's approval of design development, Hood Design Studio will develop working drawings and technical sections of specifications to construct the work. Technical sections of specifications shall be prepared in Construction Institute (CSI) MasterFormat. The client shall be responsible for Bidding and Contract Requirements and General Requirements divisions of the specifications. In developing working drawings and technical sections of specifications, Hood Design Studio shall use its best efforts to coordinate its services with those of other consultants and to maintain a construction budget in accordance with the preliminary design estimate of probable construction cost accepted by the client. During the construction documentation phase Hood Design Studio shall: a. Lead monthly web -based meetings (up to 3). b. Attend 1 in person meeting. c. Includes one (1) submission for review and costing at 50% CD. d. Includes one (1) submission for bidding at 90%, e. Includes one (1) submission for Permit at 95%. f. Includes one (1) resubmission for Permit. g. Includes one (1) Issue for Construction at 100% CD. Deliverables: • Construction documentation package including plans, schedules and details. • Technical specifications (as related to landscape design). HOOD 4 Packet Pg. 139 4.4.b Fee Proposal IV. Bidding During the Bidding phase Hood Design Studio will assist the client in obtaining and evaluating bids, and assist in awarding and preparing contracts for construction. During the Bidding phase Hood Design Studio shall: a. Prepare bidding documents including technical drawing set and landscape specifications. b. Assist, if applicable, in the pre -qualification of bidders. c. Attend a web -based pre -bid meeting. d. Respond to requests for clarification from the contractors. V. Construction Observation Timeline: 22 weeks During the Construction phase Hood Design Studio shall: a. Select and pre -tag plant materials as noted in the contract documents. b. Make monthly visits to the site, to familiarize itself generally with the progress and quality of construction and to determine in general if the construction is proceeding in accordance with Hood Design Studio's design intent and construction documents. On the basis of its observations while at the site, Hood Design Studio will keep the Client informed of the progress of construction. Hood Design Studio may recommend to the Client the rejection of work failing to conform to the contract documents. c. Hood Design Studio shall prepare and process change orders only with prior approval of the Client. d. Attend bi-weekly web -based meetings. e. Review shop drawings, samples and submittals for general conformance with the Contract Documents. f. Respond to the General Contractor's Request for Information (RFIs). Deliverables: • Submittal review. • RFI responses. • Field observation reports. • Punch list observation. HOOD 5 Packet Pg. 140 4.4.b Fee Proposal C. Assumptions a. All base information, including detailed survey (of surface and subsurface infrastructure elements), proposed building drawings, and CAD backgrounds with site context will be provided by the Client in AutoCAD 2023 compatible format. b. Complete horticultural analysis and recommendation of existing site vegetation will not be provided by the Consultant as part of this scope. c. All required changes to drawings as a result of inaccurate base information beyond Consultant's control or previously approved budgets, will be additional services. d. As indicated in the scope of work above, Consultant will prepare all drawings in AutoCAD and Rhino, not Revit. To the extent reasonable, Consultant will coordinate with the Design Team to integrate landscape design into the project's BIM model. e. Client to determine limit of work for Phase 1 by the end of 100% Schematic Design. Should the limit of work for Phase 1 deviate from Exhibit A, the entire consultant team will need to re-establish scope and work. f. Schedule (Appendix D) established on desired design duration. Consultants not responsible for schedule extensions due to typical permit processing times. D. Exclusions to Scope of Services The Client shall provide the following information or services as required for performance of the work. Consultant assumes no responsibility for the accuracy of such information or services and shall not be liable for error or omissions therein. Should Consultant be required to provide services in obtaining or coordinating compilation of this information, such services shall be charged as Additional Services. 1. Legal descriptions of property. 2. Overhead aerial photographs at scale. 3. Complete horticultural analysis, arborist report or recommendation of existing site vegetation. 4. Construction Management Services. 5. Permit Expediter Services. HOOD 6 Packet Pg. 141 4.4.b Fee Proposal E. Fees Services described above shall be provided for the fixed sum below, in accordance with the terms and conditions in Appendix A. Please refer to Appendix C for full consultant team fees. Hood Design Studio fee breakdown by phase: Phase Fee Schematic Design $362,000 Design Development $298,000 Construction Documentation $165,000 Bidding & Construction Observation $348,000 Subtotal $1,173,000 Public Art (3 picks, 4 mangroves, 8 lifted trees. Design, $44,000 engineering, and consultation at a schematic level only) Fee Total $1,217,000 F. Payment Schedule Billing will be done on a monthly basis of the percentage of work that was completed. In the event invoices exceed sixty (60) days past due Hood Design Studio shall suspend services in accordance with Appendix E. APPENDIX A Reimbursable Expense Reimbursable expenses for travel costs, including air travel (business class), auto rentals, taxis, meals and lodging, printing/plotting of presentation materials, model and workshop materials as applicable are included in Hood Design Studio's fees. Assumptions of person per trip and number of trips are noted in the Scope of Work. Mockups During Design Phase For specialty site elements (including site furnishings, bridges, lighting, paving, water features, walls) the Client shall be required to reimburse Hood Design Studio for fabrication and shipping costs for full-size mockups. These items will be billed as additional expenses under Mockups. Additional Services Special requests by the Client, additional meetings or review procedures that would involve additional services will immediately be brought to the attention of the Client. A written proposal will then be submitted for approval prior to proceeding. Other additional services may include: HOOD 7 Packet Pg. 142 4.4.b Fee Proposal • Revisions to drawings and other Project documents which are inconsistent with prior approvals of the Owner, or which are necessary because of changes in the program, budget or scope of the Project. • Revisions due to changes in applicable laws and regulations, which become effective after such documents were prepared. • Additional City Agencies meeting beyond what is included in the scope of work above. • Design changes or studies as a result of Value Engineering (VE) after 100% DD is completed. • Multiple rounds of bidding. • Phasing — when a project is designed and built in distinct phases. • Premiums for insurance limits beyond the firm's current coverage. • Presentations and products other than those specifically agreed -upon in the final contract. • Detailed models and special illustrations/renderings produced by outside consultants or vendors will be an additional service, authorized in writing by the Client. • Schedule delays or interruptions. • Extension to project schedule other than as listed above. Fees for additional services shall be calculated based on Hood Design Studio's standard hourly rates as follows subject to annual increases: Walter Hood $465 Partner $330 Principal $315 Associate / PM $235 Designer $185 Admin $110 APPENDIX B General scopes of work provided by other consultants within the project team to be coordinated by Hood Design Studio. Our team will provide fountain design; civil, geotechnical, and traffic engineering; structural engineering; cost estimating; lighting design; wayfinding and site signage; architectural design; mechanical, electrical and plumbing engineering; operations and maintenance planning; and irrigation. HOOD 8 Packet Pg. 143 4.4.b Proposal for Civil, Geotechncial and Traffic Engineering Services NW 9th Street Public Realm Improvements Between NW 3' Avenue and NW 1st avenueMiami, FL Langan Project No.: TBD Revised: 4 April 2025 Page 2 of 10 SCOPE OF SERVICES Civil Engineering Task 1 Schematic Design Under this task Langan will: • Request current as -built plans from the utilities serving the general project area for water, sewer, drainage, natural gas, power and telecommunication services. • Identify the utility companies that have existing utilities along NW 9th Avenue and set up meetings to discuss potential relocations and/or vehicular access. • Coordinate with the City of Miami Fire Department as they may require fire staging areas and fire access through NW 9th Street to serve abutting buildings. If the City of Miami Fire Department required truck access, we will perform a maneuverability analysis. • Prepare preliminary drainage calculations for NW 9' Street. • Prepare a civil engineering utility base plan. • Prepare a schematic level grading plan depicting spot elevations at key locations and identify the limits of harmonization. • Prepare a schematic level water service plan identifying where the public realm will be served irrigation. The irrigation system will be designed by others. • Prepare an engineered site plan that depicts geometry, curb lines, sidewalk locations, ADA curb ramps and crosswalks, visibility triangles, and emergency and service vehicle access. This plan will also show pavement marking and signage. • Prepare a utility relocation plan depicting re-routing of water services and sewer services in conflict with proposed trees or other site features. • Based on our experience with the City of Miami Public works Department we anticipate that they will request that new drainage in the form of 24-inch diameter pipes with exfiltration trenches be proposed along NW 9' Street. The city may also request that the city drainage system be disconnected from the drainage system that serves NW 2' Avenue, a County Road. We will meet with the City of Miami Public Works Department to discuss the drainage improvements. Langan's deliverables for this task will include: • Engineered Site Plan • Schematic Grading and Drainage Plan • Schematic Utility Relocation Plan • Utility Base Plan • Emergency and Service Vehicle Maneuverability Analysis • Preliminary Drainage Calculations for NW 9th Street During the preparation of the deliverables we will coordinate with the Design Team's principal designer and the electrical engineer with respect to the location of electrical transformers, electrical feeds and street lights. We will also coordinate with the Design Team with respect to the placement of exfiltration trenches, other utilities and street furniture along the alignment of the project. One 50% and one 100% submission will be made in the Schematic Design phase. Packet Pg. 144 4.4.b Proposal for Civil, Geotechncial and Traffic Engineering Services NW 9"' Street Public Realm Improvements Between NW 3'd Avenue and NW 1" avenueMiami, FL Langan Project No.: TBD Revised: 4 April 2025 Page 3 of 10 Task 2 Meetings Based on our understanding of the Schematic Design Phase which is 3-months, we anticipate attending one weekly coordination meeting lasting 1-hr with the design team virtually. We also anticipate attend up to six 1-hour meetings with the agencies having jurisdiction, either in person or virtually. Geotechnical Engineering Task 1 Geotechnical Field Investigation This task consists of performing a geotechnical field investigation for the project. Our services for this task include: 1. Performing the following field tests: • Two (2) Standard Penetration Test (SPT) borings to a depth of 30 feet each; • Three (3) SPT borings to a depth of 20 feet each; • Two (2) SPT borings to a depth of 15 feet each; • Five (5) SPT borings to a depth of 10 feet each; • Three (3) Exfiltration (Percolation) tests at a depth of 15 feet each; Borings and exfiltration tests will be drilled by a specialty drilling subcontractor hired by Langan using standard truck -mounted drill rigs. The borings will be drilled using mud rotary drilling techniques and stabilized with casing, as necessary. SPT in accordance with ASTM D1586 will be typically done continuously in the upper 10 feet of each boring and at 5 feet intervals thereafter. Additional continuous SPT sampling may be performed at other depths to verify specific subsurface conditions or delineate changes in strata. Groundwater levels will be measured and recorded at each boring at the time of drilling. Exfiltration test will be performed per the guidelines of the South Florida Water Management District (SFWMD). The purpose of these tests is to provide information to assist in the design of the site drainage systems. Upon completion, the boreholes will Packet Pg. 145 Proposal for Civil, Geotechncial and Traffic Engineering Services NW 9th Street Public Realm Improvements Between NW 3'd Avenue and NW 1st avenueMiami, FL Langan Project No.: TBD Revised: 4 April 2025 Page 4 of 10 be backfilled with soil and their surface patched with asphalt or concrete. The proposed location of the borings and exfiltration tests is shown in Figure 1 below. Pl • •1sco ]'y ■ • EoewoI 1tO) (i5r} 1.151 MANGROVE 5 ) V �' • • (10') -c0) (1a� IRO") - . PIc THE CROWN GREEN -HOUSE +.,�IC KS (30')• (10') • 11__ t ' ,`: 115`1 WR i MIFrli OR (20 } rR STRH' • Proposed boring location (and depth) . (15') Proposed percolation test location (and depth) 2. We will provide a staff geotechnical engineer to provide full-time engineering observation during the drilling of the borings. Our engineer will coordinate the field activities, confirm that the drilling and sampling is performed in accordance with the ASTM standards, examine and log the soil and rock samples obtained from the borings. 3. Borings will be laid out by one of our engineers by measuring distances with a tape or measuring wheel from recognizable landmarks and site features. We will also contact Sunshine State One Call of Florida (SSOCOF) to arrange for them to mark -out the locations of known active public underground utilities near the borings prior to drilling. We will engage the services of specialty geophysical consultant to perform electronic designation and ground penetrating radar scans of the landside boring locations to check for other potential conflicts. 4. We will prepare and submit a permit application for right -of -work with the City of Miami Public Works Department to perform the borings within their right-of-way. Any permit fees paid by Langan will be treated as reimbursable expenses. 5. If necessary, we will retain the services of a specialty contractor to provide Maintenance of Traffic (MOT) that may be necessary during the drilling of the borings and exfiltration tests. If required, we will retain the services of an off -duty Police Officer to be present during the drilling of the borings. The estimates for the MOT and off -duty police officer services are included as reimbursable expenses. LAfig= A Packet Pg. 146 4.4.b Proposal for Civil, Geotechncial and Traffic Engineering Services NW 9th Street Public Realm Improvements Between NW 3' Avenue and NW 1st avenueMiami, FL Langan Project No.: TBD Revised: 4 April 2025 Page 5 of 10 Task 2: Geotechnical Engineering Study Report Upon completion of the field investigation and laboratory testing program, we will prepare a geotechnical engineering study report summarizing the results of our geotechnical investigation, our evaluations, and geotechnical recommendations for the project. The report will include: 1. A description of the proposed construction and site conditions. 2. A description of the general geology of the area. 3. A summary of the field geotechnical investigation and a discussion of the subsurface conditions encountered along the project alignment. 4. A discussion on the measured groundwater levels and expected fluctuations. 5. A boring location plan and generalized subsurface profile based on the performed borings. 6. Individual boring logs and laboratory test results. 7. Recommendations for support of the various structures associated with the project, including recommended foundation design bearing pressures, foundation size and depth, expected settlement and foundation preparation requirements. 8. Recommendation for the design of site retaining walls, included recommended backfill type and design lateral earth pressures. 9. Recommendations for utility trench excavations (i.e., excavation slopes, shoring, and potential re -use of excavated materials as backfill) and groundwater control during utility installations (applicable only to force main installations using conventional cut -and -cover techniques). 10. Recommendations for pipe utility bedding and trench backfilling (applicable only to force main installations using conventional cut -and -cover techniques). 11. Recommendations for pavement support, including recommended pavement sub -base and base material types, thickness, and preparation requirements. The geotechnical engineering study will be performed under the supervision of an experienced, Florida Licensed Professional Engineer. The report will be signed and sealed, suitable for submission to the reviewing or permitting agencies. L fi►r_ A IS Packet Pg. 147 4.4.b Proposal for Civil, Geotechncial and Traffic Engineering Services NW 9"' Street Public Realm Improvements Between NW 3'd Avenue and NW 1" avenueMiami, FL Langan Project No.: TBD Revised: 4 April 2025 Page 6 of 10 We can begin fieldwork three to four weeks after receiving written authorization, and after obtaining utility clearances and contingent on obtaining the permit to perform the work in the public right-of-way. We anticipate the field work will take 3 to 4 days to complete. We anticipate the engineering analysis, evaluation and report will be completed within two weeks after completion of the field investigation. Traffic Engineering Task 1 Traffic Impact Analysis A. Methodology — We will meet and coordinate with the City of Miami and Miami -Dade County Traffic Engineering Division to develop an acceptable methodology for the traffic - impact analysis. B. Data Collection — Turning movement counts will be collected at up to six intersections. Data will be collected during a typical weekday (7:00 to 9:00 AM; 4:00 to 6:00 PM) C. Site Traffic Conditions — Site characteristics will be consistent with the project build out. These include the following items: 1. Site location and development intensities. 2. Site build out year. 3. Trip Generation: Trips for proposed uses on the site will be based upon data from the latest edition of the Institute of Transportation Engineers', Trip Generation Manual. Trip generation analysis will be prepared for daily, morning peak hour and afternoon peak hour conditions. 4. Trip distribution and assignment will be based on Miami -Dade County cardinal distribution data. D. Intersection Volumes — Traffic volumes at study intersections will be provided for the following morning and afternoon peak hour conditions: 1. Existing conditions 2. Future background conditions (build out year without project traffic). 3. New project trips 4. Future total conditions (build out year with project traffic) Lfi►r_A�► Packet Pg. 148 Proposal for Civil, Geotechncial and Traffic Engineering Services NW 9"' Street Public Realm Improvements Between NW 3'd Avenue and NW 1st avenueMiami, FL Langan Project No.: TBD Revised: 4 April 2025 Page 7 of 10 5. Future total conditions with proposed mitigation (if necessary) E. Roadway Closure Analysis - Perform an origin and destination study via a license plate study for three hours on a typical weekday on NW 9t" Street Road between NW 3' and 2' avenues. The O-D study will allow us to determine the expected traffic volumes that will be diverted with the proposed roadway closure. F. Traffic Capacity Analysis — Traffic capacity analysis will be performed for existing and future conditions for the morning and afternoon peak hours. Intersections will be analyzed using software based on the Highway Capacity Manual methodology. For the purpose of this proposal, we have assumed the need to analyze up to six intersections. G. Pedestrian Crossing Analysis — Langan will evaluate the need for additional pedestrian signalization along NW 2' Avenue due to the proposed project. The analysis will include existing and future pedestrian crossing during the morning and afternoon peak -hours. The analysis will be based on the latest requirements from Miami -Dade County and FDOT. H. Traffic Impact Study Report — The analysis and its conclusions will be summarized in a report that will include the narrative, tables and figures. The report will be submitted to the client for review, in draft form, prior to preparing the final document. Four copies of the final report, signed and sealed by a State of Florida Registered Professional Engineer, will be forwarded to the client. I. Report Revisions — Revisions to the analysis may be required because of the county and city review process. We will revise the analysis and report to address two rounds of comments. Task 2 - Project Coordination & Meetings We will coordinate with the project team to review the traffic assumptions and analysis and finalize the traffic impact study based on team comments. This task assumes fifteen (15) hours of team coordination meetings/phone calls or meetings with city staff. Should effort beyond that scope be required we will provide an amendment to this proposal for your review and approval. Lfi►r_A�► Packet Pg. 149 Hood Design Studio Overtown 9th St. Public Realm Schematic Design Proposal Client: Miami SEOPW 4.4.b Consultant Name Discipline Assumptions Tipping Structural Engineer Phase 1 comprises the scope of work east of NW 2nd Street, which includes of the Crown and Green -House structures & Pick sculptures. Phase 2 comprises the scope of work west of NW 2nd Street, which includes the Mangroves sculptures. Assumes a design -build method of project delivery with Tipping serving as the engineer of record for all of the project components described. Fees bases on project schedule and site plan dated 3.19.25 Wind studies and geotechnical reports by third parties will be provided by owner at start of CD for the Crown and Green -house Coordination meetings during SD and CD phase will be online or in person in SF Bay Area. Phase durations described below. Pick sculptures essentially identical in design Green house assumes that framing will be typical along the length Exclusions Support for miscellaneous landscape and sitework elements not described, including furnishings, hardscape, signage, fountains, etc. Phase 2 Construction Documents Scope of Work SD (Phases 1 & 2) - 3 months Issue drawings and Revit model indicating all major framing membes and key details, with adequate detail for pricing and further design coordination. Provide specifications to define scope for pricing Structural analysis models for steel framing sizing for preliminary wind loads. Provide preliminary foundation sizing Coordinate scope of work with Geotech and Wind Consultant Coordinate with project team to ensure structures align with vision and pricing Collaborate with project team to help in the bid/selection on larger design build team. 3/27/25 Packet Pg. 150 Hood Design Studio Schematic Design Proposal Overtown 9th St. Public Realm Construction Documents - Structures (Crown and Green -House) - 2.5 months Integrate wind and geotechical information into design Coordinate with contractor and refine analysis as needed for prefered fabrication approach Issue construction documents, including drawings, specifications, and calculations for permit/fabrication Provide Revit modelwith LOD 300 that can be converted to fabrication model for contractor Work with team to ensure budget goals are met Work with fabricator for Mill Order package if needed for expedited schedule We assume submittals and fabrication drawings will occur concurrently during CDs Construction Documents - Sculptures (Picks) - 2.5 months Integrate wind and geotechical information into design Coordinate with contractor and refine analysis as needed for prefered fabrication approach Issue construction documents, including drawings, specifications, and calculations for permit/fabrication Provide Revit model with LOD 300 that can be converted to fabrication model for contractor Work with team to ensure budget goals are met Approvals (Phase 1) -1 month Respond to plan check comments Reissue plans with minor revisions to address AH1 comments. CA (Phase 1) - 5 months Respond to RFIs for existing field conditions Review sculpture fabrication/submittal drawings Review special inspection reports Perform two site visits for structural observation Client: Miami SEOPW 4.4.b 3/27/25 Packet Pg. 151 Hood Design Studio Overtown 9th St. Public Realm Schematic Design Proposal Client: Miami SE 4.4.b Consultant Name Discipline Scope of Work List scope Items here 1. Tree Disposition & Mitigation 2. Landscape (Planting Design) 3. Hardscape 4. Landscape Lighting 5. Irrigation Naturalficial, Inc. Landscape Architect of Record Naturalficial / HOOD scope i. SD: participation in meetings; spec outline; planting palettes; advise on paving materials. HOOD leads illustrative and technical set production and consultant coord. ii. DD: participation in meetings; specs; irrigation; planting palettes; Planting plan; Irrigation plan; planting and irrigation details; review and comment on DD set; paving plan and details. Hood manages set and "signature details". HOOD manages consultants coordination as prime. iii. CD (led by Naturalficial): assume responsibility of drawing set; finalize all plans and details; submit for necessary permits. HOOD will join recurring meetings, provide sketches for substantial design changes. HOOD manages consultants coordination as prime. iv. CA: lead CA phase —we look to you to identify this scope. HOOD will join weekly OAC calls, provide sketches for any substantial design changes, attend 3 site visits (mockups/tree tag/final punch, etc). HOOD manages consultants coordination as prime. 4/08/25 Packet Pg. 152 Hood Design Studio Overtown 9th St. Public Realm Schematic Design Proposal 4.4.b Client: Miami SEOPW Consultant Name FORMATION Discipline Wayfinding &Signage Scope of Work Exterior Architectural Graphics Program (Signage + Wayfinding) The Designer will design a system of graphics to identify, inform, direct and regulate vehicular and pedestrian traffic at the Project. The following exterior areas will be addressed: Entrance Freestanding Identification Information Kiosks Tenant Directory Property Map Vehicular Regulatory Signs Site Orientation and Wayfinding (Pedestrian and Vehicular) General Site and Architectural Pageantry and Placemaking Elements Reserved Service Parking Graphics General Informational Graphics (Hours of Operation, etc.) Address Graphics Interpretive Panels 04/08/25 Packet Pg. 153 Hood Design Studio Overtown 9th St. Public Realm Schematic Design Proposal Client: Miami SEOPW 4.4.b Consultant Name Discipline Scope of Work Delta Fountains Water Feature Designer SD PHASES - Delta Fountains will spend time with the design team via telephone conference and email exchange, discussing the concept in its entirety. In this stage, Delta will develop mechanical and electrical schematics and equipment locations for review by the design team. Deliverables will be AutoCAD generated plans in PDF format, indicating preliminary layout geometry and locations for mechanical and electrical systems. A preliminary budget estimate will be provided. DD PHASE - The approved Schematic Design Plan will serve as the basis for this phase of work. Enlarged plans, details, and sections at a scale appropriate for further development of the ideas will be produced. Initial coordination with structural and MEP consultants will be part of this phase. Ongoing coordination and development of system costs and lighting design will continue in this phase. In addition, focus on layout, equipment selections, details and preliminary specifications will be generated. Budgets are constantly monitored and Delta Fountains will stay focused with all allied disciplines, to ensure overall conformity to these budgets. Local trades will be engaged to help estimate the construction costs. Deliverables will be drawings on the project title block for inclusion in the 100% DD set and a preliminary CSI formatted specification. All deliverables will be computer generated and electronically submitted in PDF format. One minor design change is included in this phase. 04/08/25 Packet Pg. 154 Hood Design Studio Overtown 9th St. Public Realm Schematic Design Proposal Client: Miami SEOPW 4.4.b CD PHASE - The approved Design Development drawings will serve as the basis for this phase of work. Design modifications resulting from design review will be incorporated during this phase. Plans, details, cross sections, and piping and electrical conduit layout will be coordinated with the appropriate consultants. Control panel layout, ladder logic, wiring diagrams, and a Bill of Materials will be developed. A final system cost will be completed at the 50% stage. Any changes agreed upon in the design development stage will be incorporated into the construction drawings and final specifications. Delta Fountains will ensure quick response to all requests for information, reprographics, meetings and teleconferences while coordinating with every agency to ensure compliance with all ordinances. Specifications and plans will be explicit, but not proprietary. We will promote competitive bids, but adhere to the strictest quality standards. Deliverables will be Drawings on the project title block and project formatted specifications for inclusion in the 50% and 100% CD sets. All deliverables will be computer generated and electronically submitted in PDF format. One minor design change is included in this phase. Signed and sealed drawings for Department of Health Permitting will be included in this phase. Bid/PERMIT PHASE - If the Client chooses to add these services, during this phase, Delta fountains will respond to all R.F.I.'s from the bidding contractors; review and address contractor suggested value engineering alternates; review substitution requests of specified equipment to determine feasibility and or acceptability and advise on all impacts to the overall design concept and functionality; and educate the design team and Client of actual realized long term total cost savings of suggested value engineering alternatives and substitution from the contractors. Site visits, as required, for this phase will be billed at the hourly rates indicated below, plus travel expenses. Fees for this portion are based on a maximum of (20) Twenty hours, requested reviews exceeding the allotted hours will be billed at the hourly rates outlined below. CA - during the construction of the water features, Delta Fountains will provide shop drawings review and approvals, assist in the pay application, and address all field information requests whether it is accomplished through written responses, sketches and or field visits necessary to ensure the proper installation. We will provide specific design guidelines and comprehensive operations and maintenance procedures, as well. This phase of the project would also include Delta Fountains involvement with the owner's maintenance staff, to train and follow up on all operating systems and the development of seasonal historical data for future employees to benefit. Construction Observation fees are based on review of the fountain system, as designed. Shop drawing and submittal review includes two (2) reviews of each Shop Drawing, Project Submittal Data, Samples, and similar submittals of the Contractor. Site Inspection includes One (1) inspection for any portion of the Work to determine whether such portions of the Works is substantially complete in accordance with the requirements of the Contract Documents. Alterations or Value engineering alternates for review may require additional compensation depending on the level of deviation from the original design. Construction Observations Services provided more than sixty (60) days after (1) the date of Substantial Completion of the Work or (2) the initial date of Substantial Completion identified in the Agreement between the Owner and Contractor, whichever is earlier, shall be compensates as Additional Services to the extent the CONSULTANT incurs additional cost in providing those Construction Observation Services. If the services covered by this Agreement have not been completed within eighteen (18) months of the date of this Agreement, through no fault of the CONSULTANT, extension of the CONSULTANT's services beyond that time shall be compensated as Additional Services. 04/08/25 Packet Pg. 155 OVERTOWN 9111 STREET I OPR 25056 4.4.b MARCH 28, 2025 L'Observatoire International, Inc. Represented by Nerve Descottes Hereafter referred to as "L'Observatoire" A SCOPE OF WORK A 1 PROJECT L'Observatoire International to provide exterior lighting for Overtown 9th Street in Miami. The architect for the project is Hood Design Studio. A 2 DESIGN AREAS See attached Exhibit B for mark-up of scope areas. PACKAGE 1 — approx. 70,000 sf • Mangroves • The Crown • Water Mirror • Green -House • Picks PACKAGE 2 — approx. 38,000 sf • Phase 1 o The Crown o Water Mirror o Green -House o Picks A 3 DESIGN AREAS EXCLUDED FROM SCOPE a. Special event or theatrical lighting. 120 Walker Street, 7E • New York, NY 10013 • Phone +1 212 255 4463 • info@lobsintl.com • www.!c 1/19 Packet Pg. 156 OVERTOWN 9111 STREET I OPR 25056 4.4.b MARCH 28, 2025 B SCOPE OF SERVICES B 1 OMITTED B 2 SCHEMATIC DESIGN PHASE (SD) The Architects shall provide L'Observatoire with all necessary design materials in order for L'Observatoire to meet this deadline at least 2 weeks (10 business days) prior to L'Observatoire's deadline. B 2.1 Analysis of the Project a. Analysis of all programmatic requirements. b. Analysis of the technical constraints. c. Evaluation of the architectural criteria. d. Evaluation of the existing design criteria. B 2.2 Work Sessions with the Architects, Client and Engineers a. One (1) in -person work session included. b. Maximum of one (1) work session per week included via video and telephone conference with L'Observatoire's Project Manager and/or Technical Expert. Where coordination meetings involve multiple architectural disciplines, L'Observatoire shall attend the portion of the meeting that specifically address lighting issues and associated coordination with the design team. B 2.3 Client Presentation(s) a. One (1) presentation to Client / Owner included. b. Presentation format shall be electronic PDF file. c. Up to two (2) 2D graphic illustrations to communicate lighting design intent, produced by L'Observatoire in-house over perspective image provided by Architect. d. Additional presentations, and photorealistic renderings can be organized at the request of the Client and will be invoiced separately. B 2.4 SD Deliverables L'Observatoire shall provide up to 2 qty milestone submissions within Schematic Design phase of the below deliverables (such as 50%SD, 100°%oSD) a. Illustrations and graphic details as required to explain design. b. Conceptual references. c. Preliminary light fixture selection. 120 Walker Street, 7E • New York, NY 10013 • Phone +1 212 255 4463 • info@lobsintl.com • www.!c 3/19 Packet Pg. 157 OVERTOWN 9TH STREET I OPR 25056 4.4.b MARCH 28, 2025 B 2.5 Pricing and Cost Estimate a. Provide preliminary lighting equipment budget based on cost/square meters for all areas of L'Observatoire scope. Installation, contractor markups, and branch wiring costs shall be provided by others. b. Assist the Architect in the review of cost estimates. B 3 DESIGN DEVELOPMENT PHASE (DD) L'Observatoire shall provide up to 2 qty milestone submissions within Design Development phase of the Lighting Layouts + Technical Documents (such as 50%DD, 1 00%DD) The Architects shall provide L'Observatoire with all necessary design materials and sign off of previous phase by owner in order for L'Observatoire to meet this deadline at least 2 weeks (10 business days) prior to L'Observatoire's deadline. B 3.1 Work Sessions with the Architects, Client and Engineers a. Maximum of one (1) work session per week included via video and telephone conference with L'Observatoire's Project Manager and/or Technical Expert. Where coordination meetings involve multiple architectural disciplines, L'Observatoire shall attend the portion of the meeting that specifically address lighting issues and associated coordination with the design team. B 3.2 Client Presentation(s) a. One (1) presentation to Client / Owner included. b. Presentation format shall be electronic PDF file. c. One (1) 2D graphic illustration to communicate Phase 1 lighting design intent, produced by L'Observatoire in-house over perspective image provided by Architect. d. Additional presentations, and photorealistic renderings can be organized at the request of the Client and will be invoiced separately. B 3.3 Lighting Layouts Production of initial lighting layout via 2D AutoCAD onto existing architectural plans with lighting symbols for Architects and Electrical Engineers documents. Fixture locations on RCP and elevations will be reviewed by L'Observatoire. L'Observatoire will not be liable for providing fixture count estimates. The CAD layers provided by L'Observatoire for incorporation into Architectural and Electrical Engineering drawings are the following: • OBS-FT-SYM (green) • OBS-FT-REF (magenta) • OBS-FT-TXT (cyan) • OBS-NOTES (cyan) — for all drawing notes • OBS-DIMS (magenta) — for all dimension information • OBS-CONTROLS (cyan) — for all controls information 120 Walker Street, 7E • New York, NY 10013 • Phone +1 212 255 4463 • info@lobsintl.com • www.!c 4/19 Packet Pg. 158 OVERTOWN 9TH STREET I OPR 25056 4.4.b MARCH 28, 2025 B 3.4 Lighting Details and Illustrations a. Illustration and graphic details as required to explain design. b. Sketches of lighting details as required to explain design. These sketches are not intended for formal construction documentation, but for incorporation by the Architect into the drawing set. c. Schematic sketches for FF&E or custom decorative fixtures to be used for design intent: to be further developed by manufacturer. B 3.5 Technical Documents Draft version of the following: a. CSI specifications for inclusion into Construction Document package. b. Lighting fixture schedule and manufacturer cutsheets including: fixture type, fixture description, manufacturer ordering code, lamp type, fixture wattage, voltage, and dimming protocol c. Remote power supply parameters and power supply specification if required for pricing in DD phase. d. Lighting control schedule for the purpose of control intent only, including: control zone (by fixture type), control type (switched or dimmed), estimated electrical loads, and dimming protocol. e. Lighting control system diagram and specification (developed by specified control manufacturer with direction from L'Observatoire) at the conclusion of Design Development showing all salient equipment in the centralized lighting control system such as main processor, electrical panels, user wallstation controls, photosensors, etc. L'Observatoire shall coordinate with the daylighting consultant (if applicable) for integration with electric lighting controls. Electrical Engineer is responsible for local lighting control specification f. Summary of designed lighting loads in PDF format at completion of Design Development to demonstrate compliance with energy code. Architect shall confirm the specific energy code information applicable to the project and relevant to lighting. Electrical Engineer shall finalize all documentation related to energy use for formal DOB / permit submission. g. Draft architectural lighting calculation booklet towards completion of Design Development phase for spaces within L'Observatoire's scope of work. For unique spaces (all exterior site, etc.) a lighting calculation will be provided for each space. For typical spaces that repeat throughout the project, a light level calculation shall be provided for one typical example of each space. For instances utilizing decorative and/or millwork fixtures, these fixtures will be excluded from the calculation unless such fixtures contribute to egress light levels. Architect shall provide 3D model for L'Observatoire's use for lighting calculations. B 3.6 Pricing, Cost Estimate & Value Engineering a. In order for L'Observatoire to be able to design within the parameters of the Client's budget, the Client must provide L'Observatoire with the target lighting budget of uninstalled cost prior to the commencement of Design Development. b. L'Observatoire will provide sufficient documentation that will allow the Owner's cost consultant to perform a cost estimate at 100% DD. L'Observatoire will not be liable for fixture count estimate. c. One value engineering exercise will be undertaken during or following conclusion of Design Development. A value engineering exercise consists of substitutions, reduction and redesign. d. Additional value engineering exercises will be undertaken at the request of the Client and billed at our hourly rates (see Article B 8.5: Additional Services Hourly Rates). 120 Walker Street, 7E • New York, NY 10013 • Phone +1 212 255 4463 • info@lobsintl.com • www.!c 5/19 Packet Pg. 159 OVERTOWN 9TH STREET I OPR 25056 4.4.b MARCH 28, 2025 B 4 CONSTRUCTION DOCUMENTS PHASE (CD) L'Observatoire shall provide up to 2qty milestone submissions within Construction Documents phase of Technical Documents (such as 50%CD and 100°%oCD) and associated review of CD documentation produced by others. B 4.1 Work Sessions with the Architects, Client and Engineers a. Maximum of one (1) work session per week included via video and telephone conference with L'Observatoire's Project Manager and/or Technical Expert. Where coordination meetings involve multiple architectural disciplines, L'Observatoire shall attend the portion of the meeting that specifically address lighting issues and associated coordination with the design team. b. The Project Manager is in charge of continuous design coordination with Principal Herve Descottes. B 4.2 Technical Documents Final version of documents specified in B 3.5 B 4.3 Review of Documents & Electrical Plans a. Review & "red mark" of architectural details and lighting plans related to lighting produced by Architects and Electrical Engineer throughout the Construction Document Phase. B 4.4 Pricing, Cost Estimate & Value Engineering a. Update documentation that will allow the Owner's cost consultant to perform a cost estimate. Provide assistance to the Architect during review of cost estimates. b. L'Observatoire will not be liable for providing fixture count estimate. B 4.5 Mock-ups Studio Mock-ups Foam -core mock-ups to confirm integration of lighting detail and fixture performance, in L'Observatoire's New York City studio are included. On -site Mockups One (1) trip for inspection of the mock-up on -site or in a specified mock-up location is included (any travel expenses shall be billed separately per Article 8.4). L'Observatoire's role in mock-ups is the following: specification of lighting fixtures and assisting architects with fixture positioning (1 trip for 2 people for 2 nights). Additional mock-ups shall be invoiced separately per L'Observatoire's hourly and day rates (Articles 8.5 and 8.6) plus any associated travel expenses per Article 8.4. L'Observatoire requires client pre -approval for additional off -site mockups prior to start of work. L'Observatoire, if purchasing mockup materials, is entitled to full reimbursement by the Client for such equipment. L'Observatoire requires client pre -approval prior to purchasing lighting equipment for mockup reimbursement. 120 Walker Street, 7E • New York, NY 10013 • Phone +1 212 255 4463 • info@lobsintl.com • www.!c 6/19 Packet Pg. 160 OVERTOWN 9TH STREET I OPR 25056 4.4.b MARCH 28, 2025 B 4.6 FF&E and/or Custom Decorative Fixtures a. L'Observatoire will specify the tamping components for "ready-made" decorative and/or custom decorative fixtures designed by others. b. The design or customization of fixtures is not included in this scope. However, should the project require independent design of custom light fixtures by L'Observatoire, the design, documentation, and coordination shall be contracted and invoiced separately. c. Decorative fixtures (ready-made or custom) will require UL listing/label (or equivalent from ETL) to comply with local building codes. The actual certification process and certification fees are the responsibility of the specified manufacturer. B 5 BIDDING AND NEGOTIATION (BN) B 5.1 Bidding and Negotiation Attendance and assistance as required for pre -bid process. a. Clarifications of the design intent of the lighting documentation as required by the Client, its Consultants, or the Bidding Contractors. All information given to any Bidder will be recorded in writing and forwarded to the Client for distribution to all Bidders. B 6 CONSTRUCTION ADMINISTRATION PHASE (CA) L'Observatoire's responsibilities for CA phase commences with a formal kick off of the phase, and terminates sixty (60) days after completion of the construction work. B 6.1 Construction Administration a. Review of fixture substitutions to L'Observatoire's specifications. All documentation regarding fixture substitutions must be in English. b. Evaluation as required of Contractor bids for the lighting equipment. L'Observatoire will review up to 3 tender packages. Additional tender packages can be reviewed as an additional service and will be billed following Article B 8.5: Additional Services Hourly Rates. c. Review and approval of the Contractor's shop drawings, samples and other submittals for compliance with the design concept and specifications. d. Review of mock-ups or prototypes of custom fixtures for compliance with design concept. e. Respond to RFI's pertaining to lighting within L'Observatoire's scope areas. f. One (1) site visit and working session on site during construction with Contractor, Architects & Engineers (1 trip for 2 nights for 2 people). All expenses relevant to the trip shall be billed separately per Article 8.4. B 6.2 Revisions of Documentation a. If any estimate, lowest bona fide bid or negotiated proposal to the Owner by the Owner's Cost Estimating Consultant, after completion of Construction Documents, exceeds previously approved estimates or the Owner's budget, and the Owner elects to revise the project scope and quality to reduce construction costs, L'Observatoire shall assist the Architects and the Owner's Cost Estimating Consultant in the development of appropriate recommendations. 120 Walker Street, 7E • New York, NY 10013 • Phone +1 212 255 4463 • info@lobsintl.com • www.!c 7/19 Packet Pg. 161 OVERTOWN 9TH STREET I OPR 25056 4.4.b MARCH 28, 2025 b. The revision of the Construction Documents as necessary to implement any change which arises as a result of the Owner's acceptance of any such recommendations or other changes after delivery of 100°%o Construction Documents shall be compensated according to Article B 8.5: Additional Services Hourly Rates. c. All lighting in L'Observatoire scope to be packaged in a maximum of two submittals, one for interior, and one for exterior. d. If lighting controls are within scope, schedule is to be confirmed prior to review. B 6.3 Final Lighting Set-up a. One (1) site visit for final set-up to direct the focusing of the lighting and to direct the programming of the lighting control system following substantial construction completion (1 trip for 2 nights for 3 people). b. During this site visit L'Observatoire shall also review the final lighting installation with a written punch list of items pertaining to lighting submitted to the Client for distribution to affected parties. c. L'Observatoire will oversee and manage the focusing of the lighting fixtures and programming of the lighting controls system, both of which will be done by the electrical team on site. The Contractor will provide all necessary personnel and equipment to do the focusing and programming of the lighting control system. Most of the lighting focusing and controls programming will be carried out after dark. d. Focusing of any area will be undertaken once, with the possibility of one revision per area. In types of spaces that repeat within the site, L'Observatoire will focus one instance of the space, and the electrical team will focus the rest according to L'Observatoire's example. e. Additional light setting visits can be organized at the request of the Client and will be invoiced separately, based on our hourly rates + expenses (see Articles B 8.4 & B 8.5). 120 Walker Street, 7E • New York, NY 10013 • Phone +1 212 255 4463 • info@lobsintl.com • www.!c 8/19 Packet Pg. 162 CONSULTING 6853-FLA-INF-25-HOOD-OVERTOWNMIAMI r2 April 2, 2025 Scope of Work This project involves upgrading the external softscape and hardscape elements of 9th St Mall in Overtown, Miami. The scope includes the construction of bespoke sculptures, a reflecting water fountain, and other architectural structures, to be delivered in three phases. Estimate Services: Task 2 — 100% SD Estimate Task 3 — 100% DD Estimate Task 4 — 100% CD Estimate CONSTRUCTION COST & RISK CONSULTANTS 6132 VIREORIDGE DRIVE, LITHIA, FL 33547 TEL: (813) 768-4976 www.dharamconsulting.com (17730 : First Amendment to the Professional Services Agreement with Hood Design Studio, Inc.) Attachment: File # 17730 - Exhibit B Packet Pg. 163 4.4.b H. VIDAL & ASSOCIATES March 19, 2025 Hood Design Studio Nathan Stanfield 3001 San Pablo Avenue Oakland, CA 94608 H. Vidal & Associates, Inc. MEPFP Consulting Engineering V EMAIL henry@vidalengineering.com ,. PHONE +1 (305) 571-1860 Re Overtown 9th Street Public Realm MEP Engineering Services Proposal Dear Mr. Stanfield: We are pleased to offer our fee proposal to provide MEP Engineering Services for the Overtown 9th Street Public Realm Project. This proposal, upon execution, shall serve as the agreement between Hood Design Studio (the "Client") and H. Vidal & Associates, Inc. (the "Engineer" or "HVA") for the provision of Professional Services (the "Agreement"), with respect to the above referenced Project. I. SCOPE OF SERVICES The Engineer's Basic Services consist of those described in this Section. Services not set forth in this Section are Additional Services. A. Project Description • New construction for an event space/site improvement • Phase I- DD, CD and CA of the following areas: Crown -concession/storage/bathrooms-, Mangrove and Green House • Phase I and II- Utilities Schematic Design, Electrical and Plumbing • Based on information, phone call and PDF's received via email March 19, 2025 — April 7, 2025 B. Construction Documents • Mechanical engineering drawings include equipment selection, air distribution and ventilation, required load and energy calculations and NOAS as applicable. • Crown area • Electrical engineering drawings include service calculations, distribution design and connection to all power, HVAC and lighting equipment • Lighting design and lighting control drawings by others/lighting designer consultant 1 9 241 NW S River Dr, Miami, FL 33128 " ,, Vidalengineering.com Packet Pg. 164 4.4.b • HVA will provide/review basic code compliant power layout • Crown area • Mangroves area- lighting • Green House area- lighting, vendors power • Plumbing engineering drawings include cold/hot water distribution, sanitary for concession area and bathrooms for the crown area. No grease trap at this time. If required in the future, grease trap design to be included as an add service. • Includes 6 design/coordination meetings over the phone or at HVA's office. Additional meetings including site/architect's office meetings available as additional services. C. General Administration • Preparation of CD permit by a Registered Professional Engineer including all necessary calculations and documentation. • Coordination with Architect as project lead and other consultants for completion of construction documents. • Responses to city comments in obtaining permits. Except comments not due to deficiency in code compliance by any work performed by HVA and beyond HVA control/authority which will be considered additional services and billed as additional services. • HVA will submit permit sets of signed and sealed documents following municipality's guidelines. Permit set will be submitted digitally and/or wet seal, PDF's to be sent via email for Client's distribution. • The Engineer shall perform its Services as expeditiously as is consistent with the orderly progress of the Project. The Engineer will commence to perform its Services upon receipt of signed Agreement, retainer payment and all necessary information in connection with the Project as per clients responsibility section below. • Services will be scheduled upon HVA's receipt of signed Agreement and initial/retainer payment. D. Construction Administration • Responses to requests for information -RFIs- from contractors • Review of shop drawings • Site visits/meetings during the construction process for coordination/field observation if requested. • For CA monthly retainer fee, see Base Contract Fee and Payment Schedule section 2 9 241 NW S River Dr, Miami, FL 33128 IT 816 Vidalengineering.co Packet Pg. 165 Hood Design Studio Overtown 9th St. Public Realm Schematic Design Proposal Client: Miami SEOPW 4.4.b Consultant Name MVA Projects Discipline Architect of Record Scope of Work MVA has been requested to provide architectural services for (4) new one-story individual buildings in an overall area "The Crown" that is approx 100' x 50' at the above -referenced location. The Project shall consist of: Room 1: Conditions concession stand Power and potable water required No grease trap/kitchen Room 2: 2 stall unisex bathroom Air conditioned (minisplits) Room 3: Pump Control room (pool irrigation + lighting control) Room 4: Storage Stage Schematic Design Phase_ Based on zoning and any adjustments authorized by the Owner in the program schedule, MVA shall prepare, for approval by the Owner, Schematic Design Documents consisting of schematic drawings and other documents to fix and describe the size and character of the Project as it relates to the preliminary architectural elements. Drawings shall include but are not limited to: Deliverables: a. Site/Overall floor plans typical or otherwise b. Building Sections c. Building Elevations c. Up to three (3) meetings with Design Architect and Owner for up to two (2) hours each. Design Development Ph 3/10/25 Packet Pg. 166 Hood Design Studio Overtown 9th St. Public Realm Based on the approved Schematic Design Package and any adjustments authorized by the Owner in the program schedule, MVA shall prepare for approval by the Owner, Design Development Documents consisting of drawings and other documents to fix and describe the size and character of the Project as it relates to the preliminary architectural, materials and such other elements as may be appropriate at this phase. Schematic Design Proposal Client: Miami SEOPW Deliverables: a. Site/overall floor plans typical or otherwise b. Reflected ceiling plan preliminary layout c. Building elevations d. Building sections e. General construction details as it relates to this phase f. Up to two (2) meetings with Owner for up to two (2) hours each in MVA offices. Any additional meetings requested shall be billed as additional services. Based on the approved Design Development Documents and any minor reasonable adjustments in the scope or quality of the Project authorized by the Owner, MVA shall prepare Construction Documents consisting of Drawings setting forth in detail the requirements for the construction of the Project. Deliverables: a. Building submittal set to include the necessary drawings for a building submittal — "Builder's Set" for permit submission, bid tender and construction phase services. b. Attendance at up to three (3) progress/coordination meetings for up to two (2) hours each with Owner and Owner's design consultants. Any additional meetings requested shall be billed as additional services. c. Owner requested changes after Design Development approval related to project scope and/ or value design implementation will be an additional cost during this phase. 1 Following the Owner's approval of the Architectural Construction Documents, MVA may assist the Owner by providing the following: Deliverables: The MVA may assist the Owner in bidding and negotiations of the Project by: a. MVA may assist Owner responding to bidding inquiries from selective GC's providing additional information regarding basis of Architectural intent and Concept indicated on the Construction Documents. 4.4.b 3/10/25 Packet Pg. 167 Hood Design Studio Overtown 9th St. Public Realm b. MVA shall make available bidding documents for Owners use and distribution for potential bidders. Bidding documents shall be made available digitally in PDF format. Schematic Design Proposal Client: Miami SEOPW 1.6 Construction administration 1.6.1 General: MVA shall advise and consult with the Owner during the Construction Phase Services. MVA shall not have control over, charge of, or responsibility for the construction means, methods, techniques, schedules, sequences or procedures, or for safety precautions and programs in connection with the Work, nor shall MVA be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Construction Documents. MVA shall not have control over or charge of, and shall not be responsible for, acts or omissions of the Contractor or of any other persons or entities performing portions of the Work. The Architect shall not be responsible for the Contractors' schedules or failure to carry out the Work or to meet their schedules for delivery or completion in accordance with the Contract Documents. MVA's responsibility to provide Construction Phase Services commences with the award of the Contract for Construction and terminates on the date MVA reviews the final Certificate for Payment and/ or issues certificate of substantial completion with TCO request letter, whichever occurs first. 1.6.2 Evaluations of the Work: MVA shall visit the site at intervals appropriate to the stage of construction, not to exceed two (2) site visits per month, for up to two (2) hours per visit during the Construction Phase, to become generally familiar with the progress and quality of the portion of the Work completed, and to determine, in general, if the Work actually observed is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the architectural design intent. MVA shall not exceed up to forty (40) total hours per month to include site visits, RFI review and response, submittals, drawing updates, meetings and plan markups, unless excess hours are authorized by Owner. All work shall be done in one (1) phase and not fast -track Construction Phase Services. MVA shall not be required to inspect the quality or quantity of the Work but will only observe the Work to determine if it is generally progressing in accordance with the architectural design intent. On the basis of the site visits, MVA shall keep the Owner reasonably informed regarding Architect's observations of completed Work, and report to the Owner (1) known deviations from the Construction Documents and from the most recent construction schedule submitted by the Contractor, and (2) defects and deficiencies in the Work which MVA actually observes. MVA has made no representations and is not responsible for the existing structure, including without limitation the manner in which it was constructed, design and/or construction deficiencies within the structure, whether latent or patent, the code compliance of the structure, or whether it is compatible with current drawings and design. 4.4.b 3/10/25 Packet Pg. 168 Hood Design Studio Overtown 9th St. Public Realm Full Phase Proposal Client: Miami SEOPW 4.4.b Consultant Name Schuler Shook Discipline A/V Design Scope of Work user meetings narrative A/V Details Coordination with of systems with design team A/V Layouts A/V equipment package Portable Equipment A/V Layouts A/V equipment package Portable Equipment RFI's Submittals Presentation One night site visit SD Flight, Hotel Meals two trips two nights CA Design Services Site sound / background music for the complete area as desired AV control systems Infrastructure for a portable outdoor stage at The Crown including: Power and data for portable audio / video system Production video and audio monitoring systems if applicable Production communications / intercom systems AV infrastructure Microphones and portable AV equipment 04/08/25 Packet Pg. 169 4.4.b Overtown 9th Street Miami, FL ETM Associates Fee Proposal April 4, 2025 1.1. Review Schematic Design drawings and provide analysis on 0+M issues associated with SD. 1.2. Develop 0+M Costs 1.3 Prepare SD 0+M Strategy 2.1. Revise and Update Maintenance Needs Associated with DD Documents. 2.2. Update DD O+M Costs 2.3 Revise DD O+M Strategy 3.1. Revise and Update Maintenance Needs Associated with CD Documents. 3.2. Finalize CD O+M Costs 2.3 Finalize O+M Strategy Packet Pg. 170 4.4.b Fee Proposal APPENDIX C Consultant Team: Design, Engineering and Art Fees 4/1-7/1 7/1-12/1 12/1-6/1/26 COMPANY NAME DISCIPLINE Schematic Design (design and reimbursables, both phases) Technical Drawings (design and relmbursables, phase 1) CA + Bid (design and relmbursables, phase 1) Total $ 1,173,000 $ 44,000 $ 179,000 $ 44,000 $ 32,000 $ 267,000 $ 360,000 $ 110,000 $ 49,680 $ 100,270 $ 63,682 $ 67,250 $ 110,750 $ 31,800 $ 61,360 3 month 5 month 6 month HOOD Architecture / Landscape Lead & Prime $ 362,000 $ 463,000 $ 348,000 Public Art* $ 44,000 $ - $ - Langan Civil Engineering $ 46,500 $ 76,000 $ 56,500 Geotechnical Engineering $ 44,000 $ - S - Traffic Engineering $ 32,000 $ - $ - Tipping Structural Engineering $ 75,000 $ 150,000 $ 42,000 Naturalfic al Landscape Architect of Record & Irrigation $ 60,000 $ 240,000 $ 60,000 Formation Signage and Wayfinding $ 28,000 $ 57,000 $ 25,000 Delta Fountains Water Feature $ 3,800 $ 25,680 $ 20,200 L'Observatoire Lighting $ 28,760 $ 54,210 $ 17,300 Dharam Cost Estimator $ 18,178 $ 45,504 $ - Vidal Associates Mechanical, Electrical, Plumbing Engineering $ 11,000 $ 28,500 $ 27,750 MVA Architect of Record (Crown) $ 15,000 $ 70,750 $ 25,000 Schuler Shook AV Consultant $ 4,800 $ 15,000 $ 12,000 ETM Associates Operations + Maintenance $ 22,940 $ 30,380 $ 8,040 ME Fees+Art $ 795,978 $ 1,256,024 $ 661,790 Notes: *: 3 picks, 4 mangroves, 8 lifted trees. Design, engineering, and consultation at a schematic level only (does not include fabrication, shipping install) HOOD 9 Packet Pg. 171 Fee Proposal 4.4.b APPENDIX D Schedule Established on desired design duration. Consultants not responsible for schedule extensions due to typical permit processing times. Schematic Design Design Development Construction Documents Construction Adminstration 2025 A r Ma June July Aug SD: 3 months Structures Fabrication Shop Drawings Scup!tura Fabrication APPENDIX E 2026 Sep Oct Nov Dec Jan Feb Mar Apr May June DD: 2.5 months Fabrication Delivery + Install Shop Drawings Fabrication CD: 2.5 months SUBMIT FOR SITE PERMIT CA: 5 months SUBSTANIAL COMPLETION Consultancy's Agreement I. CONSULTANT'S PROFESSIONAL SERVICES AND RESPONSIBILITIES 1. Consultant's scope of professional services to the Client shall consist of Landscape Design and Concept Master Planning Consulting Services as described in this Proposal. 2. Consultant's services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Project. Consultant shall submit for the Client's approval a schedule for the performance of Consultant's services which shall initially be consistent with the time periods established by the Client at the beginning of the Project and which shall be adjusted as necessary as the Project proceeds. This schedule shall include allowances for periods of time required for the Client's review and for the performance of the Client's consultants. Approval of submissions by local public authorities having jurisdiction over the Project are anticipated at this phase. The Client shall not unreasonably withhold consent to Consultant's requested adjustments nor shall Consultant be held liable for any delays to the schedule that occurred for reasons outside of Consultant's control. Consultant shall be entitled to rely on the accuracy and completeness of services and information furnished by the Client. Consultant shall provide prompt written notice to the Client if Consultant becomes aware of any errors, omissions or inconsistencies in such services or information. 3. Consultant shall be entitled to rely on the accuracy and completeness of services and information furnished by the Client. Consultant shall provide prompt written notice to the Client if Consultant becomes aware of any errors, omissions or inconsistencies in such services or information. HOOD 10 Packet Pg. 172 4.4.b Fee Proposal 4. Consultant will use the site survey to be provided by the Client. Consultant suggests the Client to procure an up-to-date survey prior to beginning design development phase. II. RESPONSIBILITIES OF THE CLIENT 1 The Client shall provide full information in a timely manner regarding requirements for and limitations on the Project. The Client shall provide to Consultant, information necessary and relevant for Consultant to evaluate and act upon, including site survey and existing architectural drawings. Client acknowledges and agrees that Consultant cannot begin providing services until this information is received. 2. The Client shall furnish tests, inspections and reports if required by law or existing conditions or the scope of work, such as structural, chemical, or geological tests, tests for air, water or soil pollution, recycled water, or hazardous materials. Soils and recycled water test are anticipated as a necessary early evaluation component of the project. 3. The Client shall provide prompt written notice to Consultant if the Client becomes aware of any fault or defect in the Project, including any errors, omissions, or inconsistencies in Consultant's drawings, correspondence or documents. III. SUSPENSION 1. If the Client fails to make payments to Consultant in accordance with this Agreement, such failure shall be considered substantial nonperformance and cause for termination or, at Consultant's option, cause for suspension of performance of services. If Consultant elects to suspend services, Consultant shall give seven days written notice to the Client, prior to suspension of services. In the event of a suspension of services, Consultant shall have no liability to the Client for delay or damage caused the Client because of such suspension of services. If the Project has been suspended for less than 30 consecutive days due to non-payment and Client desires Consultant resume services, Consultant shall be compensated for expenses incurred in the interruption and resumption of Consultant's services, including a restart fee of $5,000. If the Project is suspended for more than 30 consecutive days due to non-payment, Consultant shall be compensated for services performed prior to notice of such suspension. III. RE -MOBILIZATION 1. If the project is put on hold for more than 60 days by the Client, when the Project is resumed, Consultant shall be compensated for expenses incurred in the interruption and resumption of Consultant's services, including a re -mobilization fee of $15,000. HOOD 11 Packet Pg. 173 4.4.b Fee Proposal III. TERMINATION 1. Should one party fail to substantially perform the terms of this Agreement, the conforming party, without prejudice to any other remedy available and after giving the other party seven days' notice, may terminate this Agreement for cause. When the Client terminates this Agreement for cause, the Consultant shall be entitled to receive further payment for services completed. If the Client exercises its right to terminate this Agreement for convenience without cause prior to the commencement of the Services, the Consultant shall be entitled to receive its actual reasonable and documented out-of-pocket expenses incurred through the date of such termination for services performed plus 20% of the cost of the services performed for overhead and profit, less any payments made to the Consultant prior to termination. If the Client exercises its right to terminate this Agreement for convenience without cause following the commencement of the services, the Client shall pay the Consultant for services executed; costs incurred by reason of such termination, including costs attributable to termination of subcontracts; and a termination fee, if any, equal to the reasonable profit and overhead that the Consultant would have received had the Client not terminated this Agreement, which shall be calculated as 20% of the Contract Price, less any payments already received at or prior to the time of termination. IV. REPRODUCTION AND INFORMATION 1. The Client shall furnish at his expense to Consultant all technical memoranda and any other information required for Consultant's services. 2. Consultant shall furnish information and progress reproductions of its work at the request of the Client. Methods of presentation shall include digital PowerPoint or PDF presentations in 11x17 or letter format. 3. Final reproductions and documents furnished to other Consultants selected by the Client shall be paid for by the Client. V. ASSIGNMENT AND DELEGATION Consultant shall not assign any rights or delegate their duties under this Agreement without the written consent of the Client. The Client and Consultant bind themselves, their partners, successors, assigns, and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. VI. MISCELLANEOUS PROVISIONS 1 This Agreement shall be governed by the law of the place of the Project. 2. Claims, disputes or other matters in question between the parties to this Agreement arising out of or relating to this Agreement or breach thereof shall be subject to and decided by mediation and arbitration. A demand for mediation shall be made within a reasonable time after the claim, dispute or other matter in question has arisen. The parties to this Agreement shall share the mediator's fee and any HOOD 12 Packet Pg. 174 4.4.b Fee Proposal filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. Claims not resolved by mediation shall be decided by arbitration. All claims for mediation or arbitration shall be filed in accordance with the Rules of the American Arbitration Association. For claims of less than $75,000, American Arbitration Association fast truck rules will be employed. VI. COPYRIGHT CLAUSE FOR NON-PAYMENT 1. All works, including but not limited to drawings, plans, designs, and digital materials ("Works"), created by the Consultant, remain the copyright of the Consultant until full payment has been received for the agreed -upon services. 2. Until full payment has been received by the Consultant, the Client shall not have the right to reproduce, distribute, publicly display, create derivative works, or construct from the Works without the express written permission of the Consultant. 3. This license does not include the right to create three-dimensional works or to reproduce the Works for merchandising purposes. Any rights to reproduce the work three- dimensionally or to merchandise the Works must be established pursuant to a separate agreement with the Consultant. 4. If the Client fails to complete the payment for the agreed -upon services within the specified time period, the Consultant retains the right to terminate this agreement and retain any payments made until that point as compensation for the time and resources expended on the Works. 5. The Client acknowledges and agrees that in case of non-payment, the Consultant may pursue any legal or equitable remedies for enforcement of these rights. VII. NON -WARRANTY Consultant will prepare findings and technical memoranda or drawings and documents in accordance with generally accepted professional practices for the intended use of the project and Consultant makes no warranty either express or implied. VIII. OWNERSHIP OF DOCUMENTS 1. Drawings, specifications, and other documents, including those in electronic form, prepared by Consultant are Instruments of Service for use solely with respect to this Project. Consultant shall be deemed the author and owner of their Instruments of Service and shall retain all common law, statutory and other reserved rights, including copyrights. 2. Upon execution of this Agreement, Consultant grants to the Client a nonexclusive license to reproduce Consultant's drawings and other graphic exhibits for purposes of fundraising, promotion, and grant HOOD 13 Packet Pg. 175 4.4.b Fee Proposal application, provided that the Client complies with all obligations, including prompt payment of all sums when due, under this Agreement. Any termination of this Agreement prior to completion of the Project shall terminate this license. Upon such termination, the Client shall refrain from making further reproductions of Instruments of Service and shall return to Consultant within seven days of termination all originals and reproductions in the Client's possession or control. 3. Consultant shall have the right to include photographic or artistic representations of the design of the project among Consultant's promotional and professional materials. The Client shall provide professional credit for the Consultant in the Client's promotional materials for the Project. IX. SCOPE OF AGREEMENT This Agreement and the Fee Proposal constitute the entire Agreement between the parties and there are no conditions, agreements or representations between the parties except as expressed herein. It is not the intent of the parties to the Agreement to form a partnership or joint venture. Date: IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. "CLIENT" Southeast Overtown/Park West Community Redevelopment Agency By: Name: Title: "CONSULTANT" HOOD DESIGN STUDIO, INC. a California S Corporation By: Name: Title: HOOD 14 Packet Pg. 176 4.4.b ATTACHMENT B - COMPENSATION AND PAYMENTS SCHEDULE B1 - WAGE RATE SUMMARY Invoices shall be billed monthly based on the percentage of work performed. In the event invoices exceed sixty (60) days past due Consultant shall suspend services. Fees Services described above shall be provided for a fixed sum not to exceed Two Million Nine Hundred Thousand Dollars and Zero Cents ($2,900,000.00). Payment Schedule Invoices shall be billed monthly based on the percentage of work performed. An initial payment of $40,000 is required in order for design work to commence. The initial payment is included in the overall design fee above. Reimbursable Expense Reimbursable expenses for travel and materials are included in the design fee. Additional Services Special requests by the Client, additional meetings or review procedures that would involve additional services will immediately be brought to the attention of the Client. A written proposal will then be submitted for approval prior to proceeding. Other additional services may include: • Presentations and products other than those specifically agreed -upon in the final contract. • Detailed models and special illustrations/renderings produced by outside consultants or vendors will be an additional service, authorized in writing by the Client. • Substantial changes to any part of the project, which had been previously approved by the Client. • Schedule delays or interruptions. Fees for additional services shall be calculated based on Hood Design Studio's standard hourly rates as follows: 2025 Walter Hood $465 Partner $330 Principal $315 Associate / PM $235 Designer $185 Admin $110 Packet Pg. 177 AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH HOOD DESIGN STUDIO INC - LANDSCAPE ARCHITECTURE SERVICES AT THE N.W. 9TH STREET PEDESTRIAN MALL IMPROVEMENTS — EXHIBIT 1 4.4.b SCHEDULE B2 - CONSULTANT INVOICE Bill To: Company Name Address City, State Zip Code Bill From: Company Name Employee name (First and Last), employee title Employee email address Address City, State Zip Code INVOICE DATE: INVOICE # DESCRIPTION AMOUNT TOTAL DUE 11 c $ Packet Pg. 178 4.4.b AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH HOOD DESIGN STUDIO INC - LANDSCAPE ARCHITECTURE SERVICES AT THE N.W. 9TH STREET PEDESTRIAN MALL IMPROVEMENTS - EXHIBIT 1 ATTACHMENT C - ANTI -HUMAN TRAFFICKING AFFIDAVIT 1. The undersigned affirms, certifies, attests, and stipulates as follows: The entity/individual is a nongovernmental entity authorized to transact business in the State of Florida (hereinafter, "nongovernmental entity"). 2. The nongovernmental entity is either executing, renewing, or extending a contract (including, but not limited to, any amendments, as applicable) with the SEOPW CRA or one of its agencies, authorities, boards, trusts, or other SEOPW CRA entity which constitutes a governmental entity as defined in Section 287.138(1), Florida Statutes (2024). c. The nongovernmental entity is not in violation of Section 787.06, Florida Statutes (2024), titled "Human Trafficking." 3. The nongovernmental entity does not use "coercion" for labor or services as defined in Section 787.06, Florida Statutes (2024). 4. I have read and understand the foregoing Anti -Human Trafficking Affidavit and that the facts, statements and representations provided in Section 1 are true and correct. 5. I am an officer, a representative, or individual of the nongovernmental entity authorized to execute this Anti -Human Trafficking Affidavit. Under penalties of perjury, pursuant to Section 92.525, Florida Statutes, I declare the following: FURTHER AFFIANT SAYETH NAUGHT. Nongovernmental Entity/Individual: Name: Title: Signature: Office Address: Email Address: Main Phone Number: 12 Packet Pg. 179 50' Jackson Soul Food Parking Parking Historic Mt Zion Missionary Baptist Church 3AV OK MN NW 10TH STREET Parking Center For Black Innovation Sistrunk Seeds Inc. Historic Ward Rooming House 9 Red Rooster Ovenown Parking 9TH STREET GARDENS MANGROVE PLAZA Retail Parking Parking Dana A. Dorsey House Greater Bethel African Methodist Episcopal Church ILA Longshoremen's Association (ILA) I 100' 200' HOOD DESIGN STUDIO 5) 'Z 0 D Plaza at the Lyric Apartments ATER IRROF F Black Archives - Historic Lyric Theater NW BTH STREET GREEN • - 5 Parking Buro Central (Coworking Space) OVERTC` 4.4.c Attachment: File # 17730 - Backup (17730 : First Amendment to the Professional Services Agreement with Hood Design Studio, Inc.) Packet Pg. 180 3AV IS l MN THE CROWN Referencing the built urban edge that once contributed to Overtown's vibrant streetlife, the Crown acts as a beacon, drawing people in from the street for both everyday relaxation and vibrant special events. HOOD DESIGN STUDIO 1=16.1111 F BEFORE ' 4. AFTER 4.4.c : First Amendment to the Professional Services Agreement with Hood Design Studio, Inc.) MANGROVE PLAZA Four new sculptural tree guards frame a flexible streetscape on 9th street. Day-to-day, this space provides ample seating, but can also be closed down to vehicular traffic for larger events. p p v HOOD DESIGN STUDIO 4.4.c 0 : First Amendment to the Professional Services Agreement with Hood Design Studio, Inc.) WATER MIRROR + LYRIC COURTYARD Reflecting its context, the water mirror sits within the courtyard of the Lyric and acts as a cooling magnet. HOOD DESIGN STUDIO; Packet Pg. 183 1 jiiiiiniii• <- BEFORE 4. AFTER LYRIC COURTYARD The new courtyard will provide an enclosed, dignified forecourt to the storied Lyric Theatre. This protected square will serve as an everyday space for play and lunchtime gatherings, but can transform for galas and black tie events. HOOD DESIGN STUDIO •i 4.4.c a THE GREEN -HOUSE The Green -House is comprised of an open core with a covered promenade on either side and engulfed in a variety of vines. HOOD DESIGN STUDIO ifs Packet Pg. 185 THE GREEN -HOUSE MARKET Building on the existing success of pop-up markets in Overtown, the Green -house market will provide permanent infrastructure for community activations. HOOD DESIGN STUDIO \\ III I OVERT& Packet Pg. 186 THE CROWN - GREEN -HOUSE Two large pavilions frame the space: one creating dense shade, the other dappled shadows the peer through a verdant veil of vines and climbing plants. HOOD DESIGN STUDIO 4.4.c 0 : First Amendment to the Professional Services Agreement with Hood Design Studio, Inc.) LIFEWAYS The new 9th Street Public Realm will influence the ways that those in Overtown live and work. HOOD DESIGN STUDIO ■A OVERTC' Packet Pg. 188 GARDENS Moving from 2nd Ave to 1st, the final space becomes lush and verdant, enmeshed with large sculptures. HOOD DESIGN STUDIO F BEFORE .b AFTER •i ■ 4.4.c N HAIR PICKS Acting as a gateway that contends with the scale of the rail infrastructure, the Picks frame the entry of the gardens at 1st Ave. HOOD DESIGN STUDIO 4.4.c First Amendment to the Professional Services Agreement with Hood Design Studio, Inc.) Packet Pg. 190 04/11/25 Hood Design St Crown Overtown: Design & Engineering Fee Analysis Haag The below fee analysis contextualizes the magnitude and distribution of consultant team fees for the Overtown 9th Street Public Realm project, relative to projects of similar area and complexity. Concept and Schematic Design encompass Phase 1 and 2, while Design Development through Construction Administration encompasses only Phase 1. Assumptions: - Cost of Construction for Design Phases: 22 million for SD, 15 million for Phase 1 - Expedited Duration of Design and Construction Phases requires more staffing - Hood Design Studio's typical fee breakdown by phases - Total consultant fees as a percent of construction cost range between 15 to 20% for projects of a similar magnitude and complexity where Hood is a prime consultant - The Schematic Design Art Fees have been separated from the A/E Fees for this analysis Design Development + Schematic Construction Construction Concept Design Design Documentation Administration Total completed 3 month 5 month 6 month A/E Fees $ 320,000 $ 751,978 $ 1,256,024 $ 661,790 Assumed Construction Cost $ 22,000,000 $ 22,000,000 $ 15,000,000 $ 15,000,000 Average Soft Cost of Construction $ 3,850,000 $ 3,850,000 $ 2,625,000 $ 2,625,000 HOOD Soft Cost distribution per phase 10% 20% 45% 25% 100% Fee Target (per phase) $ 385,000 $ 770,000 $ 1,181,250 $ 656,250 $ 2,992,500 HOOD Fee (per phase) $ 320,000 $ 751,978 $ 1,256,024 $ 661,790 $ 2,989,792 Difference from target $ 65,000 $ 18,022 $ (74,774) $ (5,540) $ 2,708 Attachment: File # 17730 - Packet Pg. 192 5/12/25, 11:02 AM Re: CRA and HOOD: Overtown Check -In - Zeltsman, Brian - Outlook 4.4.c Outlook Re: CRA and HOOD: Overtown Check -In From Michael DeGregorio <michael@hooddesignstudio.com> Date Tue 5/6/2025 3:01 PM To Zeltsman, Brian <BZeltsman@miamigov.com>; Nathan Stanfield <nathan@hooddesignstudio.com> Cc Sangster, Natalya <NaSangster@miamigov.com>; Rolle, Danyel <DRolle@miamigov.com> CAUTION: This is an email from an external source. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hey Brian Just an update here: 1. We've reduced fees to be within the fee target you identified. See a snippet below. NOTE: this is in progress, but want to show we are targeting being under $2.4M. 2. We also (informally) notified the key consultant teams that the schedule will not target June 2026 for construction completion of phase 1. 3. We'd like to discuss a realistic schedule moving forward. We assume SD phase stays the same, but can mock up what we're thinking to discuss. 4. Given a bit of breathing room, we think we can use the June in -person workshop to cover a lot of ground and do not need any big intermediate meetings with CRA. Let me know if this is OK with you. 5. I'm out of the office for 3 weeks starting next Monday. Alma and Nate have everything fully covered. Shoot me a text if it's helpful for you to have a phone call before I head out on vacation. I'm curious when you're bringing this for approval. Thanks! Attachment: File # 17730 - about:blank?windowld=SecondaryReadingPane8 Packet Pg. 193 4.4.c COMPANY NAME HOOD Langan Tipping Naturalficial Formation Delta Fountains L'Observatair Dharam Vidal Associates The Hall Group Schuler Shook ETM Associates Schematic Design (design and reimbursable s, both phases) 3 month 287,000 44,000 45,500 44,000 32,000 27,000 $ 60,000 $ 22,000 $ $ $ 3,800 25,000 18,178 Revised Fee Table after Negotiations Technical Drawings (design and reimbursabl es, phase 1) 5 month $ $ $ $ 387,400 69,100 170,300 230,000 57,000 25,680 50,000 45,504 $ 11,000 $ 28,500 $ 15,000 $ 4,800 $ CA+Bid (design and reimbursab les, phase 1) 6 month $ $ $ $ e f o"l i10 15,000 DISCIPLINE Architecture / Landscape Lead & Prime Public Art* Civil Engineering Geotechnical Engineering Traffic Engineering Structural Engineering Landscape Architect of Record & Irrigation Signage and Water Feature Lighting Cost Estimator Electrical, Plumbing Engineering Architect of Record (Crown) AV Consultant Operations + Maintenance 264,000 55,400 43,000 70,000 25,000 20,200 15,000 27,750 n_ non 12,000 5,100 Total $ $ $ $ 938,400 44,000 170,000 44,000 32,000 240,300 360,000 104,000 49,680 90,000 63,682 $ 67,250 $ 31,800 $ 49,650 Phases to be included in this funding Resolution (Schematic Design, Construction Documents, Bidding, & Permitting) Total: $1,932,312 (12.8% of anticipated $15M Project) CA Only (design and reimbursables, Bid/Permit Only phase 2) $ 42,000 $ 222,000 $ $ $ 20,200 $ 35,200 $ - $ $ - $ $ 8,000 $ 35,000 $ 30,000 $ 40,000 $ 5,000 $ 20,000 $ 3,800 $ 16,400 $ $ 15,000 $ - $ $ $ 27,750 $ 1,000 $ 11,000 Attachment: File # 17730 - Backup (17730 : First Amendment to the Professional Services Agreement Packet Pg. 194