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CONTRACT TO MAKE RETAIL DESIGN GUIDELINES FOR THE CLEVELAND STREET DISTRICT COD1titU\'1TY REDEVELOPMENT AGENCY CITY OF C LEARWATE R POST OFFICE Box 4748, CLEARWATER, RoR1rv, 33758-4748 C17Y HALL, 112 SOUTH OSCFO1A AVENUr, CLEVWATER, FLORIDA 33756 TELEPHONE (727) 562-4040 FAX (727) 562-4052 Mr. Bruce Leonard, Principal Streetsense Consulting, LLC 4600 East West highway, Suite 800 Bethesda, Maryland 20814 April 15, 2010 Re: Cleveland Street District Retail Design Guidelines RFP 0609 Dear 1a. d: In light of the change in leadership at Streetsense Consulting, including the departure of the Principal in charge of the above-referenced engagement, resulting in an unforeseen delay in the project, I hereby extend the Time of Performance for the engagement until September 30, 2010. We look forward to working with Streetsense Consulting to complete this important project for the Cleveland Street District and the Community Redevelopment Agency of the City. ery truly yours, 94_-4 Rod Irwin Executive Director Community Redevelopment Agency Cc: Cyndie Goudeau, City Clerk Pam Akin, City Attorney Courtney Orr, Downtown Manager 0 "EQUAL EMPLOYMENT AND AF1711NATIVIi ACr1(.)N IiMI'LO}'I;K CONTRACT THIS CONTRACT, entered into this 30th day of March, 2009, by and between the COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF CLEARWATER, a Florida Redevelopment Agency, hereinafter referred to as "CRA," P.O. Box 4748, Clearwater, Florida 33758-4748 and Streetsense Consulting, LLC, a Maryland corporation, hereinafter referred to as "Streetsense," 4600 East-West Highway, St. 800; Bethesda, MD 20814. WHEREAS, the CRA requested professional services to undertake the making of retail design guidelines for the Cleveland Street District; and WHEREAS, Streetsense agrees to develop retail design guidelines for the Cleveland Street District; NOW THEREFORE, in consideration of the promises stated herein, the CRA and Streetsense mutually agree as follows: 1. SCOPE OF PROJECT. Streetsense agrees to provide retail design guidelines for the Cleveland Street District under the terms and conditions described in attached Exhibit "A." 2. TIME OF PERFORMANCE. This Contract shall commence on March 30, 2009 and terminate on August 31, 2009. 3. COMPENSATION. The CRA will pay a not to exceed amount of $37,500, according to the fee schedule in Exhibit "A", plus out-of-pocket expenses, in the amount not to exceed $ 4,500. 4. CHANGE IN SCOPE OF WORK The CRA may, from time to time, require changes in the scope of the project of Streetsense to be performed hereunder. Any changes to be negotiated and confirmed in a written amendment must be completed before performing any changed work. Such changes, including any increase or decrease in the amount of Streetsense's compensation and changes in the terms of this Contract which are mutually agreed upon by and between CIA and Streetsense shall be effective when incorporated in written amendment to this Contract. 5. METHOD OF PAYMENT. Streetsense's invoices shall be submitted to the CRA for approval for payment on a monthly basis. The CRA agrees to pay after approval under the terms of the Florida Prompt Payment Act F.S. 218.70. The CRA's performance and obligation to pay under this Contract is contingent upon an annual appropriation of the CIA's budget. 6. NOTICES AND CHANGES OF ADDRESS. Any notice required or permitted to be given by the provisions of this Contract shall be conclusively deemed to have been received by a party hereto on the date it is hand delivered to such party at the address indicated below (or at such other address as such party shall specify to the other party in writing), or Page 2 of 5 if sent by registered or certified mail (postage prepaid) on the fifth (5th) business day after the day on which such notice is mailed and properly addressed. Streetsense 4600 East-West Highway Suite 800 Bethesda, MD 20814 Telephone: 301-652-9020 Facsimile: 301-652-9166 City of Clearwater Rod Irwin CRA Executive Director P.O. Box 4748 Clearwater, Florida 33758 Telephone: 727-562-4058 Facsimile: 727-562-4052 7. TERMINATION OF CONTRACT. The CRA at its sole discretion may terminate this Contract by giving Streetsense a ten (10) day written notice of its election to do so and by specifying the effective date of such termination. Streetsense shall be paid for its services through the effective date of such termination. Further, if Streetsense shall fail to fulfill any of its obligations hereunder, this Contract shall be in default, the CRA may terminate the Contract, and Streetsense shall be paid only for work completed. 8. INDEMNIFICATION AND INSURANCE. Streetsense agrees to protect, defend, indemnify and hold CRA and its officers, employees and agents free and harmless from and against any and all losses, penalties, damages, settlements, costs, charges, professional fees or other expenses or liabilities of every kind and character arising out of or due to any negligent act or omission of Streetsense or its employees in connection with or arising directly or indirectly out of the Agreement and/or the performance hereof. Without limiting its liability under this Agreement Streetsense shall procure and maintain during the life of the Agreement professional liability Page 3 of 5 insurance. This provision shall survive the termination of this Agreement. Streetsense agrees to comply with all terms, provisions, and requirements contained in Exhibit "B" attached hereto and made a part hereof as if said document were fully set forth at length herein. 9. PROPRIETARY MATERIALS. Upon termination of this Contract, Streetsense shall transfer, assign and make available to the CRA or its representatives all property and materials in Streetsense's possession belonging to or paid for by the CRA. All materials created by Streetsense, as it pertains to this contract, are copyrighted and therefore the appropriate copyright laws shall protect any and all reuse of this work for any purpose(s) other than for Cleveland Street in Clearwater, Florida. 10. INTERESTS OF PARTIES. Streetsense covenants that its officers, employees and shareholders have no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance and/or provision of services required under the terms and conditions of this Contract. 11. CONFORMANCE WITH LAWS. Streetsense agrees to comply with all applicable federal, state and local laws during the life of this Contract. 12. ATTORNEY FEES. In the event that either party seeks to enforce this Contract through attorneys at law, then the parties agree that each party shall bear its own attorney fees and costs. Page 4 of 5 12. GOVERNING LAW AND VENUE. The laws of the State of Florida shall govern this Contract, and any action brought by either party shall lie in Pinellas County, Florida. IN WITNESS WHEREOF, the parties hereto have executed this Contract as of the date set forth above. Ap roved s to form: Pam Aki City Attorney Attest: COMMUNITY REDEVELOPMENT AGENCY OF THE CI OF CLE WATER, FLORIDA r By: Rod Irwin, Executive Director, CRA Attest: hia E. Goudeau Clerk Streetsense Consulting, LLC % ,Ei1aP Y C?Z Go?P r? o c) SEAL: Nn/R+ OR,DP`` Print Name: Secretary By: Print Title: Page 5 of 5 Exhibit A Scone of Work 1. Development of Retail Design Guidelines StreetSense Consulting LLC will create a series of written recommendations for the vertical and three- dimensional components of retailers' storefronts along Cleveland Street. This comprehensive document will include examples of storefront style and type, materials, entry doors, awnings, signage, color, lighting, graphics, and other similar elements and will incorporate information that can be used in discussions with potential tenants as well as other interested parties. It will also specifically address what is encouraged and discouraged for each element. Please note that we have reviewed both the Cleveland Street District Retail Strategy and the Cleveland Street Facade Design Analysis and understand that this document should support this existing framework. storefront Guidelines Graphics, materials, colors, lighting techniques, fixtures, and special details are all necessary components in bringing a storefront to life. When individual shops combine these elements, they become distinct and expressive participants in creating a street's character, therefore contributing to the street's overall success from a retail perspective. This will certainly be true in the Cleveland Street District. When designing individual parts of a storefront, it is imperative to keep the overall whole in mind at all times. If each storefront element is designed independently, the final creation may be a storefront that fails in its fundamental job: communicating a cohesive and welcoming message to the passing consumer. Establishing a cohesive vision for this area of downtown Clearwater, therefore, will be an extremely important aspect of these design guidelines. As much as the individual elements should be part of a larger scheme, there should be a primary element that drives the other pieces in one area, such as signage, awnings, or lighting. These key elements are extremely important because they immediately attract the attention of a passerby, essentially acting as the first impression of a place for potential consumers. When choosing a primary storefront element, it is important to keep the viewer as well as the District's character in mind, as each element has its merits: Awnings will likely be the primary element in the areas of Cleveland Street where people first see stores from their cars. Similarly, signage (particularly window and wall signs) will likely be the most important element on blocks with heavy foot traffic. Retailers that thrive in the evening, such as restaurants and bars, should focus on lighting as well as on creating an inviting outdoor seating area with appropriate and unique materials, finishes, and colors. All of these elements greatly increase the visual interest of a storefront zone and will be discussed in depth in the Cleveland Street Retail Storefront Design Guidelines. Other elements of consideration are windows, architectural treatments and embellishments, materials, and entryway maintenance. Signage Guidelines As mentioned above, signs are extremely important, especially in pedestrian-friendly environments like Cleveland Street. As such, it is important that all signs within Cleveland Street are part of the overall design strategy, as they are critical components of the development's identity to consumers. Signs serve several important functions, including: attracting shoppers, acting as wayfinding, and enhancing the ambience of the retail environment. The functionality of signage is reinforced through the use of quality materials, rich lighting techniques (addressed in more detail in the next section), and applying clear and legible lettering. All of these items will be discussed at length as they specifically relate to Cleveland Street. Although each store will have the ability to put their own twist on the overarching philosophy, the fundamentals should remain the same. Signage should be easy to read, should hold up to the elements, and should be visually appealing. Many of the same principles that apply to storefront design are important when discussing signage design- color, scale, materials, lighting, code and maintenance schedules all play a large part in a successful signage concept. All of these elements will be addressed in the Cleveland Street Design Guidelines. Lighting Guidelines Lighting is an important element that, if implemented thoughtfully, can help brand and animate Cleveland Street, as well as contribute to the safety of its streets. Due to a mix of residents, office workers, travelers, and shoppers, Cleveland Street is an 18-hour community, with active streets at most times of day. During these times, storefronts should provide as much lighting as possible. The scale, height, and coloration of lighting elements in addition to visual descriptions, details, finishes, and lighting types for building facades will be included in the Cleveland Street Design Guidelines. Like all design guidelines documents created by StreetSense, those done for Cleveland Street will be heavily illustrated and extremely user-friendly. Close attention will be paid to maintaining the integrity of this historic mainstreet while positioning the district for success in today's retail market. Understanding the market and the relationship between Cleveland Street and the rest of downtown Clearwater will be imperative to successfully completing this exercise. In addition to a preliminary site-visit and review of existing materials, the bulk of the work for this project will be in creating a series of recommendations for the vertical and three-dimensional components of the buildings and retailers' storefronts. Additionally, storefront style and type, materials, entry doors, awnings, signage, lighting, graphics, storefront zones, and other similar elements will be addressed. Fee: $28,500.00 Schedule: 60-75 days following orientation site visit Meetings: One Visit (kickoff, orientation and data collection), One mid project trip for review, coordination, and discussion of draft guidelines with appropriate staff One for final presentation to the CRA, etc... Deliverable: A digital copy of the final product, hard copies can be made available and shall be charged based on our typical reimbursable costs. II. Development of Illustrative Storefront Designs: Optional As per your request, we can generate storefront schematic designs for your use as part of the implementation process with your prospective retailers and or building owners. We can create two (2) storefronts for your use that will incorporate the following: General look and feel (design), Color palette for that specific storefront, material call outs, Entry location and design, Lighting suggestions, Signage suggestions, And general dimensions. Fee: $9,000.00 or $4,500.00 per storefront Schedule: Two (2) weeks. Meetings: Two by phone and one web based call. Deliverable: A digital copy of the final product. Additional Meetings Any additional meeting in Clearwater shall be considered an additional service and be billed at our hourly rate, as described below. This shall include but not limited to; all travel related expenses, hotel, food, rental car, fuel, time and materials for each person's traveling (including travel time). Additional Services Any work over and above the work outlined in this proposal shall be considered an additional service. As per our Agreement with the City, any and all additional work shall be in writing and agreed upon prior to commencing with potential work effort. The fees for these additional services shall be agreed upon at the time of negotiation for the work. Hourly Rates: Managing Principal $250 Principal $165-$225 Senior Associate $130-$150 Associate $115-$130 Project Manager $100-$125 Designer/Planner $85-$95 Staff $65 This proposed fee does not include reimbursable expenses such as travel, food, overnight delivery, mail, reproductions, long distance calls, faxes, mileage, and similar. All reimbursable expenses shall be billed at 1109 of the gross. We estimate that the reimbursable expenses to be $4,500. We are extremely excited about this opportunity. Please review this proposal and let us know if you have any questions about the scope, schedule or the direction you wish to take in proceeding with StreetSense. The details of deliverables, project timetable and specific payment schedule will be determined during final contract negotiations and will be based upon Street5ense's proposal and the completion of identified tasks, including staff review and consultant revisions.