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HomeMy WebLinkAboutCRA-R-25-0039 Exhibit BPROFESSIONAL SERVICES AGREEMENT- EXHIBIT 1 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 PROFESSIONAL SERVICES AGREEMENT- EXHIBIT 1 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 PROFESSIONAL SERVICES AGREEMENT- EXHIBIT 1 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 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: 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 PROFESSIONAL SERVICES AGREEMENT- EXHIBIT 1 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. 20 IN WITNESS WHEREOF, I have hereunto set my hand this day of Secretary: Print: STATE OF COUNTY OF NOTARIZATION ) SS: 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 PROFESSIONAL SERVICES AGREEMENT- EXHIBIT 1 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 STATE OF COUNTY OF NOTARIZATION ) SS: 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 PROFESSIONAL SERVICES AGREEMENT- EXHIBIT 1 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). STATE OF COUNTY OF NOTARIZATION ) SS: 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 PROFESSIONAL SERVICES AGREEMENT- EXHIBIT 1 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 PROFESSIONAL SERVICES AGREEMENT- EXHIBIT 1 ATTACHMENT A - SCOPE OF WORK 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 1 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 9tn 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 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 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 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 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 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 Proposal for Civil, Geotechncial and Traffic Engineering Services NW 9t' 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 9th 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. L A NGA N Proposal for Civil, Geotechncial and Traffic Engineering Services NW 9t' Street Public Realm Improvements Between NW 3' Avenue and NW 1st 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 LAIVGAN Proposal for Civil, Geotechncial and Traffic Engineering Services NW 9t' Street Public Realm Improvements Between NW 3' 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. "■ • ■ • 3151 MANGROVE3cf 51 b• • ' • (1O) 1 (151 (0')• Proposed boring location (and depth) 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. S THE CROWN GREEN-NOUSE LAIVGAN Proposal for Civil, Geotechncial and Traffic Engineering Services NW 9t' 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. LANVGANV Proposal for Civil, Geotechncial and Traffic Engineering Services NW 9t' Street Public Realm Improvements Between NW 3' Avenue and NW 1st 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) LAIVGAN Proposal for Civil, Geotechncial and Traffic Engineering Services NW 9t' Street Public Realm Improvements Between NW 3' 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 9th Street Road between NW 3rd and 2nd 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 2nd 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. LAIVGAN Hood Design Studio Overtown 9th St. Public Realm Schematic Design Proposal Client: Miami SEOPW CRA Consultant Name Discipline Assumptions hipping 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 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 model with 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 CRA 3/27/25 Hood Design Studio Overtown 9th St. Public Realm Schematic Design Proposal Client: Miami SEOPW CRA 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 Hood Design Studio Overtown 9th St. Public Realm Schematic Design Proposal Client: Miami SEOPW CRA 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 Hood Design Studio Overtown 9th St. Public Realm Schematic Design Proposal Client: Miami SEOPW CRA 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 Hood Design Studio Overtown 9th St. Public Realm Schematic Design Proposal Client: Miami SEOPW CRA 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 OVERTOWN 9TH STREET I OPR 25056 MARCH 28, 2025 L'Observatoire International, Inc. Represented by Nerve Descottes Hereafter referred to as "L'Observatoire" A SCOPE OF WORK Al 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. 1/19 120 Walker Street, 7E • New York, NY 10013 • Phone +1 212 255 4463 • info@IobsintI.com www.lobslntl.com OVERTOWN 9TH STREET I OPR 25056 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%SD) a. Illustrations and graphic details as required to explain design. b. Conceptual references. c. Preliminary light fixture selection. 3/19 120 Walker Street. 7E • New York, NY 10013 • Phone +1 212 255 4463 • info@IobsintI.com www.lobslntl.com OVERTOWN 9TH STREET I OPR 25056 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 4/19 120 Walker Street. 7E • New York, NY 10013 • Phone +1 212 255 4463 • info@IobsintI.com www.lobslntl.com OVERTOWN 9TH STREET I OPR 25056 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°%o 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). 5/19 120 Walker Street, 7E • New York, NY 10013 • Phone +1 212 255 4463 • info@IobsintI.com www.lobslntl.com OVERTOWN 9TH STREET I OPR 25056 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%CD) 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. 6/19 120 Walker Street. 7E • New York, NY 10013 • Phone +1 212 255 4463 • info@IobsintI.com www.lobslntl.com OVERTOWN 9TH STREET I OPR 25056 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. 7/19 120 Walker Street. 7E • New York, NY 10013 • Phone +1 212 255 4463 • info@IobsintI.com www.lobslntl.com OVERTOWN 9TH STREET I OPR 25056 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% 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). 8/19 120 Walker Street, 7E • New York, NY 10013 • Phone +1 212 255 4463 • info@IobsintI.com www.lobslntl.com DHARAM 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.dharamconsuIting.com 64 H. VI DAL & ASSOCIATES March 19, 2025 Hood Design Studio Nathan Stanfield 3001 San Pablo Avenue Oakland, CA 94608 H. Vidal & Associates, Inc. MEPFP Consulting Engineering IM EMAIL henry@vidalengineering.com k, 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 W S River Dr, Miami, FL 33128 110 Vidal engineering.com • 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 0 241 NW S River Dr, Miami, FL 33128 : 0 Vidalengineering.com Hood Design Studio Overtown 9th St. Public Realm Schematic Design Proposal Client: Miami SEOPW CRA 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. 3/10/25 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 CRA 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. 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. 3/10/25 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. 1.6.1 General: Schematic Design Proposal Client: Miami SEOPW CRA 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. 3/10/25 Hood Design Studio Full Phase Proposal Client: Miami SEOPW CRA Overtown 9th St. Public Realm Consultant Name Schuler Shook Discipline AN Design Scope of Work user meetings narrative AN Details Coordination with of systems with design team AN Layouts AN equipment package Portable Equipment AN Layouts AN 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 Overtown 9th Street Miami, FL ETM Associates Fee Proposal April 4, 2025 1.1. Review Schematic Design drawings and provide analysis on O+M issues associated with SD. 1.2. Develop O+M Costs 1.3 Prepare SD O+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 Fee Proposal APPENDIX C Consultant Team: Design, Engineering and Art Fees 4f1-7f1 7/1-12/1 12/1-6/1126 COMPANY NAME DISCIPLINE Schematic Design (design and reimbursables, both phases) Technical Drawings (design and reimbursables, phase 1) CA + Bid (design and reimbursables, phase 1) Total $ 1,173,000 $ 44,000 $ 179,000 $ 44,000 $ 32,000 $ 267,000 $ 380,000 $ 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 $ - $ - Traffic Engineering $ 32,000 $ - $ - Tipping Structural Engineering $ 75,000 $ 150,000 $ 42,000 Naturalficial Landscape Architect of Record & Irrigation $ 60,000 $ 240,000 $ 80,000 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 S 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 Fee Proposal 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 Apr May June July Aug Sep Oct Nov Dec 2026 Jan Feb Mar Apr May June SD: 3 months Structures Fabrication Shop Drawings Scuplture Fabrication APPENDIX E DD: 2.5 months Delivery + Install Shop Drawings Fabrication CD: 2.5 months SUBMIT FOR SITE PERMIT 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 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 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 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 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 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 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 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 $ 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