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AGREEMENT FOR PROFESSIONAL SERVICE FOR RFQ #48-21 - DEVELOPMENT OF THE NORTH GREENWOOD COMMUNITY REDEVELOPMENT PLAN - VHB PROPOSAL NO 82829.21AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN VANASSE HANGEN BRUSTLIN, INC. AND CITY OF CLEARWATER, FLORIDA FOR RFQ #48-21 - DEVELOPMENT OF THE NORTH GREENWOOD COMMUNITY REDEVELOPMENT PLAN VHB PROPOSAL NO. 83829.21 October 26, 2021 This Agreement is composed of Part I and Part II. Part I includes details of the services to be performed, timing of the services, and compensation. Part II (attached) contains the Terms and Conditions of Agreement, which are proposed general terms of the engagement between City of Clearwater, hereinafter called the "Client/City," and Vanasse Hangen Brustlin, Inc. (VHB/Consultant). PART I PROJECT DESCRIPTION The proposed Project location is Clearwater, Florida. The Project includes redevelopment planning and community engagement services. The City selected VHB to prepare the North Greenwood Community Redevelopment Plan. VHB has reviewed the Finding of Necessity (prepared by others) and the Clearwater Urban Leadership Coalition's Proposed North Greenwood Community Redevelopment Area report as provided by the City. VHB presented our team's qualifications for redevelopment planning and community engagement and as requested by the Client has described in the Scope of Services and numbered components required actions (Tasks) below. KEY ASSUMPTIONS In developing this scope and fee estimate, VHB has made the following key assumptions. Changes to these assumptions will require changes to VHB's scope and fee. The Client will supply all relevant project study area information and other required supporting data for the proposed Project. Maps, plans, reports, and other pertinent documents, and information made available to VHB by the Client at the inception of this Project will be used by VHB in conducting the described Scope of Services below. The Client will coordinate the public workshop locations, room setup/equipment, legal notice, and cooperatively assist in any facilitated exercises. Due to the current COVID-19 public policy requirements, large public gatherings may be limited and virtual meetings substituted as mutually agreed to maintain an agreeable project schedule. The Client understands that VHB is providing the limited services described herein. VHB will not be liable for unknown or unforeseen circumstances which may affect the Client's purchase, sale or development of the property. > VHB's assumptions on meeting attendance are outlined herein. 1 SCOPE OF SERVICES As outlined above, VHB has prepared this document to outline the overall scope of services to complete as part of the design, permitting and construction oversight of the Project. A detailed summary of each component of the scope is presented below. TASK 1.0 PROJECT START UP 1.1 Kick Off Meeting The Consultant will participate in a project kick off meeting with City staff to review the project scope, discuss project management and communications protocols, collect base data transfer from City, and review final project schedule. City Data File Requests, include but not limited to: • Parcel delineated study area boundary (Esri GIS shapefile or CAD) • Citywide Esri GIS shapefiles and parcel datasets • Utility GIS shapefiles and PDF atlas sheets • Pinellas County Property Appraiser Office study area parcel datasets (Esri GIS) • Finding of Necessity report document (MSWord) and related exhibits Esri GIS shapefile datasets • Comprehensive Plan (PDF) • Land Development Regulations (PDF) • Any other relevant study or previous City developed data 1.2 Project Engagement Plan (PEP) The Consultant team will meet with City staff to prepare a plan for outreach and engagement in the project. The approach will combine a comprehensive community engagement process to build community consensus for project preferences with a deep understanding of the community, the marketplace and real-world analogues to develop a CRA Plan, Policy Framework, and Recommendations for a road map to long-term community growth. The City will identify the steering and technical committee members. The PEP will be shared with the steering committee for review prior to finalization. The PEP will include stakeholder input to identify opportunities for public outreach and engagement in accordance with the schedule of this project and determine the most effective ways of including interested participation. Along with City Staff and Consultant team, who will act as primary liaisons, the following potential stakeholder groups have been identified: • Members of the Clearwater Urban Leadership Coalition • Residents • Businesses • Employers • Homeowner Associations • Higher Education Providers • School District • Pinellas County • Pinellas Suncoast Transit Authority 2 • Social Service Providers • Faith Institutions The Consultant team will use a variety tools, including interactive website forums available through the Engagement HQ Project Website (see Task 1.3), social media, Poll Everywhere for smartphone enabled in- person polling, and web -based presentations, as well as the development of infographics. The Consultant Team will identify approaches and appropriate times to utilize the project website for additional input when preparing the PEP with the City. In response to challenging COVID restrictions, the Consultant team expanded our capabilities in hosting interactive virtual meeting forums. Currently, it is unclear if variants will emerge and affect public gatherings again. The Consultant team may transition between in-person and virtual meetings. This determination will be made in consultation and with agreement from City Staff. 1.3 Project Web Site Development & Maintenance The Consultant will secure the contract services of BangTheTable / Engagement HQ (BTT) to provide an online engagement platform for the project. The Consultant will create and submit one (1) branded project landing page and unique website address for City review and approval. Then the Consultant will populate the project website. The project website is intended to be a project tool to collect input, generate additional contacts (by way of registered users), and inform interested participants in the project. VHB will post City provided previously completed project area study materials or associated resources to the website. VHB will post information such as the project schedule, meeting materials, and summaries of public meetings. The site will also be used for online project surveys and other engagement activities throughout the project (as identified in the PEP). The City will announce the project and provide a prominent link location to the project website on the city's website (www.myclearwater.com). The City will promote the project through its social media news feeds and will respond to any media requests. 1.4 Project Notice Property Owner Mailing The Consultant will create a project branded post card sized direct mailing that announces the project, provides website address, points of contact and other relevant information. The postcard will also announce dates, times, and locations for the Public Workshops. The Finding of Necessity (FON) study identified 2,239 unique properties located within the study limits. The Consultant will collect Pinellas County Property Appraiser Office (PCPAO) parcel datasets for the project area and produce a gleaned list of owners of multiple properties, and a cross-reference of owners and physical property addresses to create a mailing database. Community organizations, homeowner's associations, or others contact information provided by City will be included in the database. The mailing will be sent to each address identified in the database. 1.5 Project Management & Coordination During the Term of the Agreement, the Consultant will include effective Project management services including ongoing clear communication and organization. Tasks will include: • Project kick-off and close-out • Project management plan 3 • Consultant Team and client coordination • Meeting agendas and summaries • Scope, schedule, budget management, and project invoices • Posting of select materials to project website During the Term of the Agreement, the Consultant will monitor Project progress and budget, prepare progress reports and invoicing, coordinate with the City Project Manager, and develop a condensed Project Management Plan (provided electronically)forthe Consultant Team and City. The PMP will include project contacts, administrative practices, schedule and other project management directions. The Consultant shall meet with the City Project Manager regularly throughout the course of the Project. On average, one coordination virtual meeting with the City Project Manager will occur every two weeks during the Term of the Agreement. Additional Consultant Team meetings will occur as needed during the Term of this Agreement to discuss Project tasks, responsibilities, and schedules. 1.6 Project Meetings The Consultant team will prepare meeting agenda, presentation and/or exercise materials, facilitate the meeting, and then summarize discussions for a variety of project meetings. The meetings are intended to occur in sequence by phase and build upon each other towards project completion. A Steering Committee with City -identified core designees of the Clearwater Urban Leadership Coalition and other stakeholders within the study area will be formed. The Steering Committee will be a partner in the planning process and provide guidance and assistance with community outreach. Membership will be identified by the City and be representative of the study area. Additionally, a Technical Committee with City -identified staff and other local agency members will be established to focus on the technical, policy, and logistical elements of the project. Membership will be identified by the City. The Steering and Technical Committees' standing meeting topics will provide an update of current project progress, identification of any key issues and strategies, and regular input. A. Steering Committee Meeting #1 of 5 The Consultant team will facilitate a Steering Committee meeting and discuss the project scope of work, the anticipated schedule, and initiate communication with key stakeholders on history and ways to increase community awareness and involvement. This meeting will be held virtually through Microsoft Teams or Zoom software. It is anticipated that the meeting will be one (1) hour in length. B. Technical Committee Meeting #1 of 4 The Consultant team will facilitate a Technical Committee meeting and discuss the project scope of work, the anticipated schedule, and identification of any key staff understandings and resources important to consider in creation of the CRA Plan. This meeting will be held virtually through Microsoft Teams or Zoom software. It is anticipated that the meeting will be one (1) hour in length. 4 C. Public Workshop #1 of 4 The Consultant team will facilitate a Public Workshop to obtain input, provide project information, convey findings and receive public feedback. The City will coordinate the workshop location, room setup/equipment, legal notice, and cooperatively assist in any facilitated breakout exercises and meeting sign -in. The Consultant team (anticipated 5-6 persons) will provide facilitation (VHB), staffing (VHB/Ariel/other teammates for topic area support), presentation (VHB), and meeting summaries (VHB/Ariel). Topic: Workshop #1 - Where are we now? This workshop will begin with an introduction to the project process and objectives. Workshop attendees will be engaged in small group activities (e.g. electronic or physical) to answer the following: • SWOT analysis (strengths, weaknesses, opportunities, threats) • What physical, social, cultural, and other factors do residents use to identify North Greenwood? • What characteristics define a good quality of life for residents? The result of this workshop will be a summarized common understanding of the resident's goals, visioning process, schedule, and desired outcomes. It will establish the foundation for the subsequent visioning workshops. Task 1.0 Deliverable(s): The Consultant team will provide: • Project Kick -Off Meeting, including agenda and summary • Project Management Plan (MSOffice/Adobe PDF) • Final Project Schedule (MSOffice/Adobe PDF) • Project Engagement Plan (MSOffice/Adobe PDF) • Direct Project Community Outreach (Note: To be determined but may include attendance at study area public events, student activities, youth sport events, etc.) • BangTheTable / Engagement HQ (BTT) online engagement platform, materials and updates • Production and one (1) bulk mailing of the project notice post cards • Steering Committee Meeting #1, including agenda and summary • Technical Committee Meeting #1, including agenda and summary • Public Workshop #1, including sign in sheets, agenda, presentation, and any exercise materials (MSOffice/Adobe PDF) and workshop summary TASK 2.0 DATA & ANALYSIS 2.1 Current Property Conditions In tandem with the mapping and analysis of current study area conditions in the North Greenwood area, the Consultant will review the current property conditions (based upon City Code Enforcement data, Finding of Necessity data, and Consultant team observations made from windshield driving, and/or site/area walking tours) in relationship to existing development regulations. 5 The Consultant will prepare a map series based upon City and Pinellas County Property Appraiser Office (PCPAO) Esri GIS base information and summarize conditions in a report, the final format of which will be determined in coordination with the city. Mapping series will include: • Study Area • Regional Locational Context • Existing Land Use • Future Land Use • Zoning • Natural Resources • Transportation Network • Transit Routes • Existing and Future Levels of Service for various public facilities • Utilities Map • Water and Water Service Areas • Sewer and Stormwater • Public Land Ownership • Documented cemeteries • Parks, Public Uses and Open Spaces, Historical and Cultural Resources • Vacant Lands / Buildings • Property Values • Approved and Proposed Projects • Performing and Under -Performing Land Uses • Redevelopment Potential 2.2 Past and Present Plans The Consultant will analyze past and presently adopted plans for the City as they relate to or influence future redevelopment of the area. These plans include but are not limited to: • Proposed North Greenwood Community Redevelopment Area — Clearwater Urban Leadership Coalition • Finding of Necessity Study • City Comprehensive Plan • City Zoning • Downtown District & Development Standards • Downtown Redevelopment Plan • Housing Affordability Assessment (prepared for Clearwater 2045) • Old Bay Character District standards • North Marina Area Master Plan • Ft Harrison Avenue Complete Streets Study • Forward Pinellas Plans including Bicycle/Pedestrian Master Plan, Long Range Transportation Plan. • Pinellas County School Board Plans • Southwest Florida Water Management District (SWFWMD) Stephenson Creek Plan • North/South Greenwood Residential Infill Study (1995) • North Greenwood Economic Redevelopment Strategy (2003) 6 2.3 Public Infrastructure / Systems The Consultant will analyze components comprising "public infrastructure" in the area, including: • Evaluate the overall transportation network, including pedestrian, vehicular, existing mass transit options, water and sewer facilities, electricity, stormwater and stormwater management, and other relevant systems necessary to support existing and proposed development in the study area. The Consultant will review other City consultant projects that will be underway, including: Citywide Vehicular Transportation Mobility Assessment, Transportation Safety Assessment, Potable Water Master Plan, and Wastewater Collection System Master Plan. • Analyze the Stevenson Creek waterfront areas within the study area to understand its interplay with development opportunities (i.e., inclusive of water -related projects), physical issues such as bulkheading, etc. • Evaluate issues that may affect overall development potentials, such as the availability of transit service, locations/proximity to catalyst sites, availability of surface and structures parking facilities, etc. • Review past and present plans, such as the North Greenwood CRA Finding of Necessity (2020), and others to understand their relevance to future redevelopment opportunities and present plan objectives. This will include addressing such issues as appropriate land uses, densities of current resident and employment, traffic improvements, parking and public transportation, public utilities, recreational and community facilities, and other public improvements as identified in various plans and studies. • Review the results of the Forward Pinellas walking audit training session in the North Greenwood neighborhood, including an assessment of the pedestrian safety, accessibility, and comfort of the audit route. Should the Leadership Coalition complete additional walking audits by the time of this analysis, results of those efforts will also be reviewed. 2.4 Population & Demographics The Consultant will analyze existing conditions and evaluate changes in local conditions and resources since the adoption of the current 2018 Comprehensive Plan and the City's ongoing 2045 update. This will include the following: • Forward Pinellas LRTP regional projections for population growth and demographics • Vacant and developed land by land use typology, including a summary of whether land use activities and development patterns occurred as anticipated in the Future Land Use Map, as well as the built densities and intensities • Future growth demands on public infrastructure, particularly regarding to transportation, potable water, reclaimed water, sanitary sewer, schools, parks and recreation, stormwater and other drainage facilities, and respective capacity levels • Environmentally sensitive lands set aside for conservation, protection, and preservation • Availability of and accessibility to transit, pedestrian and bicycle facilities, and services to support alternative modes of travel • Housing stock • Esri Business Analyst employment datasets • VHB Healthy Mobility Modell"' 500 Cities datasets 7 2.5 Project Meetings The Consultant team will prepare meeting agenda, presentation and/or exercise, facilitate the meeting and then summarize discussions for a variety of project meetings. The meetings are intended to occur in sequence by phase and build upon each other towards project completion. A. Steering Committee Meeting #2 of 5 The Consultant team will facilitate a Steering Committee meeting and discuss status of research, outreach, and workshop inputs received. The meetings may be held virtually through Microsoft Teams or Zoom software. It is anticipated that the meeting will be one (1) hour in length. B. Technical Committee Meeting #2 of 4 The Consultant team will facilitate a Technical Committee meeting and discuss status of research, identify any data needs, technical, policy, and logistical elements of the project. The meeting will be held virtually through Microsoft Teams or Zoom software. It is anticipated that the meeting will be one (1) hour in length. C. Public Workshop #2 of 4 The Consultant team will facilitate a Public Workshop to obtain input, provide project information, convey findings, present design/programming alternatives, and receive public feedback. The City will coordinate the workshop location, room setup/equipment, legal notice, and cooperatively assist in any facilitated exercises. The Consultant team (anticipated 5-6 persons) will provide facilitation (VHB), staffing (VHB/Ariel/other teammates for topic area support), presentation (VHB), and meeting summaries (VHB/Ariel). Topic: Workshop #2 - Where are we going? The community will prepare trend maps based on build -out scenarios that provide the context for understanding issues and opportunities. This will define the options to be considered in Visioning Workshop #3. Workshop attendees will be engaged in small group activities (e.g. electronic or physical) to answer the following: • People -Based Solutions — What should the area provide in terms of workforce development, educational opportunities, child-care options, other people -based infrastructure? • Place -Based Solutions - What should the area physically look like and function as part of the City in the future? The result of this workshop will be used in the preparation of alternative plans/solutions, which will be evaluated in Workshop #3. Task 2.0 Deliverable(s): The Consultant team will provide: 8 • Technical memorandum(s) documenting task research and condition assessments (MSOffice/Adobe PDF) • 8.5 x 11 -inch color map exhibits of relevant condition assessments (Adobe PDF) • Final project GIS shapefiles and parcel datasets at project close-out • Direct Project Community Outreach (Note: To be determined but may include attendance at study area public events, student activites, youth sport events, etc.) • Steering Committee Meeting #2, including agenda and summary • Technical Committee Meeting #2, including agenda and summary • Public Workshop #2, including sign in sheets, agenda, presentation, and any exercise materials (MSOffice/Adobe PDF) and workshop summary Task 3.0 Vision & Goal Setting The Consultant team will listen closely to input and communicate effectively, translating what we have heard in prior tasks into an understanding of the issues facing the project. The team will prepare for and facilitate a visioning process that is reflective of the area's diversity and is inclusive of all stakeholders. The visioning process will educate the community about the process, why individuals should participate, how the shared vision affects them, their ideas, and how to use the vision to guide its future. The process will, most importantly, capture what the stakeholders have told the Consultant and City about the future of their community at the engagement sessions and through the other input opportunities. 3.1 Visioning & Goal Setting The Consultant team will utilize the information collected and summarized from the Workshop #1 SWOT analysis and Workshop #2 key options to create a draft common understanding of the resident's goals and vision for the N Greenwood CRA. 3.2 Alternative Solutions The Consultant team will build upon the results of the proceeding Task 2 and 3.1 project tasks to identify draft community crafted goals and alternative solutions for the study limits. These enhancements will include both People- and Place -Based solutions to implement the CRA plan. Including how the strategies will lead to reducing or eliminating the identified FON conditions in the future. A. People -Based Solutions Alternative solutions for People -Based solutions may include, but not be limited to: • Limiting displacement • Educational opportunities • Workforce readiness • Business development • Mental-health and wellness • Affordable childcare • Technology access • Other areas 9 B. Place -Based Solutions Alternative solutions for Place -Based solutions may include, but not be limited to: • Housing strategies • Land use strategies for vacant, public, or under-utilized lands (land use graphics, photos and/or descriptive narratives) • Urban design strategies supporting the Ft. Harrison Avenue Complete Street project (conceptual form graphics/3D or elevations, photos, and/or descriptive narratives) • Community use opportunities for inclusion in city and other public ownership lands • Supportive catalytic redevelopment opportunities • Physical infrastructure improvements • Other areas 3.2 Project Meetings The Consultant team will prepare, facilitate and summarize discussions for a variety of project meetings. The meetings are intended to occur in sequence by phase and build upon each other towards project completion. A. Steering Committee Meeting #3 of 5 The Consultant team will facilitate a Steering Committee meeting and discuss status of research, outreach, and workshop inputs received. The meetings may be held virtually through Microsoft Teams or Zoom software. It is anticipated that the meeting will be one (1) hour in length. B. Technical Committee Meeting #3 of 4 The Consultant team will facilitate a Technical Committee meeting and discuss status of research, identify any data needs, technical, policy, and logistical elements of the project. The meeting will be held virtually through Microsoft Teams or Zoom software. It is anticipated that the meeting will be one (1) hour in length. C. Public Workshop #3 of 4 The Consultant team will facilitate a Public Workshop to obtain input, provide project information, convey findings, present design/programming alternatives, and receive public feedback. The City will coordinate the workshop location, room setup/equipment, legal notice, and cooperatively assist in any facilitated exercises. The Consultant team (anticipated 5-6 persons) will provide facilitation (VHB), staffing (VHB/Ariel/other teammates for topic area support), presentation (VHB), and meeting summaries (VHB/Ariel). Topic: Workshop #3: Where do we want to go? This workshop will begin with a summary of the draft Vision and Goal Setting summaries, and then discussion of alternative plans prepared by the community in the previous workshop and summarized draft goals. Workshop attendees will be engaged in small group activities (e.g. electronic or physical) to answer the following: 10 • What areas should be preserved, revitalized, or redeveloped? • What actions are necessary to promote healthy community design, sustainability, and a smart and connected city? • What actions would improve the area and how should they be prioritized? • What goals are supported? The result of this workshop will be the selection of a shared vision, which will become the basis for the North Greenwood CRA Plan. Task 3.0 Deliverable(s): The Consultant team will provide: • Land use graphics/3D or elevation images, representative photos, and/or descriptive narratives of both People- and Place -based solutions • Direct Project Community Outreach (Note: To be determined but may include at study area public events, student activites, youth sport events, etc.) • Steering Committee Meeting #3, agenda and summary • Technical Committee Meeting #3, agenda and summary • Public Workshop #3, including sign in sheets, agenda, presentation, and any exercise materials (MSOffice/Adobe PDF) and workshop summary Task 4.0 North Greenwood CRA Plan & Implementation Strategies Using the cumulative body of work generated by the public, City staff, and working sessions, the Consultant team will prepare a draft and final North Greenwood CRA Plan including future phased implementation strategies. 4.1 Creation of the Draft CRA Plan The Consultant team will create the North Greenwood CRA Plan utilizing the results from the previous tasks. The plan will include the following information. A Florida Statutes Requirements - Chapter 163, Part III (Community Redevelopment) • Legal Description: The plan shows the boundaries of the community redevelopment area and the reasons for establishing such boundaries shown in the plan. The City surveyor shall provide a legal description and a parcel delineated sketch necessary for Plan adoption. • Diagrammatic Plan & Description: The plan identifies the approximate amount of open space to be provided, the street layout, limitations on the type, size, height, number, and proposed use of buildings, the approximate number of dwelling units, such property as is intended for use as public parks, recreation areas, streets, public utilities, and public improvements of any nature. • Neighborhood Impact Element: The plan describes in detail the impact of the redevelopment upon the residents of the redevelopment area and the surrounding areas in terms of relocation, traffic circulation, environmental quality, availability of community facilities and services, effect on school population, and other matters affecting the physical and social quality of the neighborhood. • Capital Improvement Program: The plan identifies any publicly funded capital projects to be undertaken within the community redevelopment area. 11 • Adequate Safeguards: The plan contains adequate safeguards that the work of redevelopment will be carried out pursuant to the plan and for the retention of controls and the establishment of any restrictions or covenants running with land sold or leased for private use for such periods of time and under such conditions as the governing body deems necessary to effectuate the purposes of this part. • Residential Use: The plan provides an element of residential use in the redevelopment area if such use exists in the area prior to the adoption of the plan or if the plan is intended to remedy a shortage of housing affordable to residents of low or moderate income, including the elderly, or if the plan is not intended to remedy such shortage, the reasons therefor. • Statement of Project Costs: The plan contains a detailed statement of the projected costs of the redevelopment, including the amount to be expended on publicly funded capital projects in the community redevelopment area and any indebtedness of the community redevelopment agency, the county, or the municipality proposed to be incurred for such redevelopment if such indebtedness is to be repaid with increment revenues. • Completion Time: The plan provides a set time for completing all redevelopment financed by increment revenues. Such time certain shall occur no later than 30 years after the fiscal year in which the plan is approved, adopted, or amended. • Integration of Steering Committee, Technical Committee, and stakeholder input into the Draft and Final Draft CRA Plans. B. Pinellas County Requirements Pinellas County is in the process of drafting policies for local CRA designations. The Pinellas County CRA Policy Update Local Designation Assessment Methodology DRAFT Last Updated 6-2-2021 includes specific criteria for local designation. The Consultant team will work with City staff to develop information supporting the CRA Plan, reuse prior approved Finding of Necessity datasets, and include information within the CRA plan addressing the draft criteria. Pinellas County's Local Designation and Eligibility Factors, include criteria supporting: • Urban Revitalization • Community Renewal • Economic Development • Mobility C. Community Requirements While meeting the State and County requirements is important, what is just as important, and in most cases more important, is understanding the community that needs to be redeveloped, its history, context to the economic region, the community's vision for revitalization, the barriers for realizing the vision and opportunities and action plan for making the vision a reality. The Consultant team will keep the community context and needs at top of mind while creating the plan that the City can approve and allocate future TIF funds to implement. 4.2 Project Meetings 12 The Consultant team will prepare, facilitate and summarize discussions for a variety of project meetings. The meetings are intended to occur in sequence by phase and build upon each other towards project completion. A. Steering Committee Meeting #4 of 5 The Consultant team will facilitate a Steering Committee meeting and discuss status of research, outreach, and workshop inputs received. The meetings will be held virtually through Microsoft Teams or Zoom software. It is anticipated that the meeting will be one (1) hour in length. B. Technical Committee Meeting #4 of 4 The Consultant team will facilitate a Technical Committee meeting and discuss status of research, identify any data needs, technical, policy, and logistical elements of the project. The meeting will be held virtually through Microsoft Teams or Zoom software. It is anticipated that the meeting will be one (1) hour in length. C. Public Workshop #4 of 4 The Consultant team will facilitate a Public Workshop to obtain input, provide project information, convey findings, present design/programming alternatives, and receive public feedback. The City will coordinate the workshop location, room setup/equipment, legal notice, and cooperatively assist in any facilitated exercises. The Consultant team (anticipated 5-6 persons) will provide facilitation (VHB), staffing (VHB/Ariel/other teammates for topic area support), presentation (VHB), and meeting summaries (VHB/Ariel). Topic: Workshop #4: How do we get there? This Workshop will be used to present a draft CRA Plan with implementation actions. Participants will be offered the opportunity to provide comments at the workshop through written response cards and/or online through posted materials on the project website. 4.3 Preparing Final Draft CRA Plan Using the cumulative body of work generated by the public, Steering Committee, City staff, and others, including the shared vision selected by the community, after Public Workshop #4 the Consultant team will revise and finalize the draft CRA Plan for the upcoming approval hearings. A. Steering Committee Meeting #5 of 5 The Consultant team will facilitate a Steering Committee meeting and discuss the input received during the public workshop and the final draft plan. The meeting will be held virtually through Microsoft Teams or Zoom software. It is anticipated that the meeting will be one (1) hour in length. B. Public Presentation (OPTIONAL) 13 This task is included in the budget but the implementation of it shall be determined in coordination with city staff during the course of the project. If it is determined to not be necessary, the consultant will not charge for this task. The Consultant team will prepare a presentation summarizing the final draft plan and present to the community. The City will coordinate the presentation location, room setup/equipment, legal notice, and cooperatively assist in any facilitated exercises. The Consultant team will provide facilitation, staffing, presentation, and meeting summaries. As this is not confirmed, any additional publicity of this meeting will be the City's responsibility. Task 4.0 Deliverable(s): The Consultant team will provide: • Draft (MSOffice) and final draft CRA (Adobe PDF) plans (all ADA compliant). • TIF Projection • Five -Year Operating Budget • Ten -Year Work Program • Final project GIS shapefiles and parcel datasets at project close-out • Community Outreach • Steering Committee Meeting #4 and #5, including agenda and summaries • Technical Committee Meeting #4, including agenda and summaries • Public Workshop #4, including sign in sheets, agenda, presentation, and any exercise materials (MSOffice/Adobe PDF) and workshop summary • Public Presentation (Optional) Task 5.0 Work Sessions & Approval Hearings Once the final draft CRA Plan has been completed, the City will schedule the required review and adoption hearings. The Consultant team will participate in the public official work sessions and adoption hearings with City staff. The Consultant will prepare the plan using MSOffice Suite software and will provide live and editable electronic PDF version of the CRA Plan and PowerPoint Presentation with compatible digital and paper copies of the Final CRA Plan. Task 5.0 Deliverable(s): The Consultant team will provide: • Attendance at three (3) work sessions or hearings, including the Community Development Board, the City Council Work Session, and the City Council Adoption Public Hearing. • Final CRA Plan Summary PowerPoint Presentation SERVICES NOT INCLUDED The Scope of Services for this Agreement is inclusive only of those Tasks described above. The following services are not included in this Agreement: > Architectural / Engineering design services > Survey services 14 > Legal services Should work be required in these areas or areas not previously described, VHB will prepare a new proposal or Amendment, at the Client's request, that contains the Additional Scope of Services, fees, and updated schedule required to complete the additional work items. CLIENT FURNISHED INFORMATION It is understood that VHB will perform the services described above under the sole direction of the Client. In the performance of these services, VHB will coordinate with and communicate the status of its efforts with those of other Project team members. VHB will rely upon the accuracy and completeness of Client and Project team member - furnished information in connection with the performance of services under this Agreement, including: > Parcel delineated study area boundary (Esri GIS shapefile or CAD) > Citywide Esri GIS shapefiles and parcel datasets > Utility GIS shapefiles and PDF atlas sheets > Pinellas County Property Appraiser Office study area parcel datasets (Esri GIS) > Finding of Necessity report document (MSWord) and related exhibits Esri GIS shapefile datasets > Comprehensive Plan (PDF) > Land Development Regulations (PDF) > Any other relevant study or previous City developed data VHB will not, as part of this Agreement, independently verify the accuracy and completeness of work prepared by other members of the Project team. SCHEDULE VHB will begin performance of the above services upon receipt of a fully executed contract. VHB's role is limited to the scope of services defined herein as that relates to the schedule. The schedule may be subject to weather, delivery of information to be provided others, as well as Client and agency reviews of interim products. VHB shall not be responsible for delays in the performance of services which arise out of causes beyond the control and/or without the fault or negligence of VHB. If the Client requests that work under this Agreement be stopped, or instructs VHB to complete work out of sequence, the schedule and fee estimate is subject to renegotiation. The anticipated project duration will be twelve (12) months from Notice to Proceed (November 2021 to November 2022). 15 COMPENSATION VHB will perform the Scope of Services contained in this Agreement on a lump sum basis not to exceed $161,500 as indicated below. Specific deliverables will be considered works in progress with City incremental payments. VHB is committed to providing seamless, transparent services and ensuring the best resources are assigned in a timely and cost-effective manner. We foresee no personnel workload or availability problems that would impact the ability or commitment of our proposed team to complete this project within the agreed upon schedule and budget. The proposed fee for this project as we understand it from the Scope of Services in the RFP is provided below. Task # 1 2 3 4 5 Task Fee Project Start Up Data & Analysis Vision & Goal Setting North Greenwood CRA Plan & Implementation Strategies Work Sessions & Approval Hearings Public Presentation (Optional)1 Total $30,000 $55,000 $32,000 $30,000 $12,000 $2,5001 $161,5001 1 The Public Presentation is an optional service and will only be paid if the task is requested by City and completed by the Consultant team. 16 VANASSE HANGEN BRUSTLIN, INC. AUTHORIZATION By: LAA__ Print: Benjamin Siwinski, CM, ENV SP, LEED Green Associate Title: Managing Director, Gulf Coast Date: 11/15/2021 CLIENT AUTHORIZATION City of Clearwater agrees with Part I which includes the Scope of Services, Compensation, Schedule, and Part II, Terms and Conditions of Agreement (attached hereto and acknowledged as being received). Together these constitute the entire Agreement between Vanasse Hangen Brustlin, Inc. and City of Clearwater. Jon Jennings City Manager Approved as to form: Michael P. Fuino Senior Assistant City Attorney 17 Frank V. Hibbard Mayor Attest: 74-Mot"al o e arie Ca City Clerk PART 11 MODIFIED TERMS AND CONDITIONS. The engagement of VHB by Client is under the following terms and conditions. These terms and conditions are an integral part of the collective Agreement between Client and VHB. SCOPE OF SERVICES. VHB shall perform the services set forth in the attached Scope of Services. Requests for additional services and any associated fee adjustment must be authorized in writing before additional services can begin. PERFORMANCE STANDARDS. VHB's services require decisions that are not based upon science, but rather upon judgmental considerations. In the performance or furnishing of professional services hereunder, VHB, and those it is responsible for, shall exercise the degree of skill and care ordinarily exercised by similarly practicing professionals performing similar services under similar conditions in the same locality ("Standard of Care"). VHB shall be entitled to rely on the accuracy and completeness of data, reports, surveys, requirements, and other information provided by Client. SCHEDULE. VHB shall perform its services as set forth in the Scope of Services as expeditiously as consistent with the Standard of Care and the orderly progress of the Work. VHB shall not be responsible for failure to perform or for delays in the services arising out of factors beyond the reasonable control or without the fault or negligence of VHB. PAYMENT. The fee estimate for the proposed Scope of Services is valid for 60 days from the date of Proposal. All schedules set forth in the attached Scope of Services commence upon receipt of a signed Agreement and, if requested, a retainer. Retainers will be applied to the last invoice. Invoices will be rendered monthly and are due upon receipt. Any invoice unpaid more than 30 days after date of invoice will bear interest at 1-1/2 percent per month. If Client fails to pay any invoice within 45 days of the date of invoice, VHB may, without waiving any other claim or right against Client or incurring any liability for delay, suspend the services until VHB has been paid in full. Sealed plans, final documents, reports, and attendance at meetings/hearings will not be provided unless payment for services is current. If VHB is performing services for Client under multiple projects, payments must be current on all projects for services hereunder to continue. Client acknowledges VHB's right to suspend services and withhold plans and documents, as provided above, if any payments are overdue. If services are suspended for 30 days or longer, upon resuming services VHB shall be entitled to expenses incurred in the interruption and resumption of its services. If services are suspended for 90 days or longer, VHB shall be entitled to expenses incurred in the 18 interruption and resumption of its services and fees for remaining services shall be equitably adjusted. The parties agree to coordinate invoices to assure timely payment. At minimum, VHB's project manager and Client's representative will confer as often as necessary about any issues involving invoicing and collections. Client's representative will contact VHB's project manager forthwith upon receipt of an invoice about any questions or issues concerning invoiced amounts. If Client's representative and VHB's project manager are unable to resolve any questions or issues, Client's representative will line item any disputed or questionable amount and pay VHB. VHB, at its option, may revise and resubmit disputed amounts at a later date. Should it become necessary to utilize legal or other resources to collect any or all monies rightfully due for services rendered under this Agreement, VHB shall be entitled to full reimbursement of all such costs, including reasonable attorneys' fees, as part of this Agreement. OWNERSHIP OF WORK PRODUCT. All work products (whether in hard or electronic form) prepared by VHB pursuant to the Agreement are instruments of service with respect to the Project and are not authorized, intended or represented to be suitable for reuse by Client or others on extensions of the Project or on any other Project. Any reuse by Client or a third person or entity authorized by Client without written verification or adaptation by VHB for the specific application will be at Client's sole risk and without liability or legal exposure to VHB. Client shall release, defend, indemnify and hold harmless VHB from all claims, damages, losses and expenses, including attorneys' fees, arising out of or resulting therefrom. Any such verification or adaptation will entitle VHB to additional compensation at rates to be agreed upon by VHB and Client, third person, or entity seeking to reuse said documents. Client recognizes that information recorded on or transmitted as electronic media, including CADD documents ("Electronic Documents") is subject to undetectable alteration, either intentional or unintentional, due to, among other causes, transmission, conversion, media degradation, software error, or human alteration. Accordingly, the Electronic Documents are provided to Client for informational purposes only and are not represented as suitable for any use or purpose. VHB retains the copyright in all work products produced in connection with this Agreement, unless otherwise agreed to in writing by an authorized VHB representative. VHB licenses to Client on a non-exclusive basis the use of work products produced solely in connection with this Agreement. The license may be revoked for any failure of Client to perform under this Agreement. CERTIFICATIONS. VHB shall not be required to sign any documents, no matter by whom requested, that would result in VHB having to certify, guarantee or warrant the existence of conditions whose existence VHB cannot wholly ascertain. Any certification provided by VHB shall be so provided based on VHB's knowledge, information, and belief subject to the preceding sentence, and shall reflect no greater certainty than VHB's professional opinion developed through and consistent with the Standard of Care. VHB shall be compensated for any work necessary to assess project compliance with regulatory standards for purposes of such certification. INSURANCE. VHB agrees to carry the following insurance during the term of this Agreement: • Workmen's Compensation and Employer's Liability Insurance in compliance with statutory limits • Comprehensive General Liability Insurance including Products Completed, Contractual, Property, and Personal Injury coverage with combined single limits of $1,000,000 per occurrence and $2,000,000 in the aggregate • Professional Liability Insurance with a limit of $1,000,000 per claim and in the aggregate • Automobile Liability Insurance including non -owned and hired automobiles with a combined single limit of $1,000,000 per occurrence Certificates of insurance will be furnished upon request. If Client requires additional insurance coverage, and it is available, Client agrees to reimburse VHB for such additional expense. INDEMNITY. Subject to the limitations of Section 768.28, Florida Statute, VHB shall indemnify and hold Client and its employees, attorneys, and agents, harmless from any losses, liabilities, and damages (including, without limitation, Client's costs, and reasonable attorneys' fees) arising out of VHB's negligence in connection with the Project, this Agreement, or both. This indemnification does not apply to any claim or complaint relating to Client's negligence or willful misconduct or violation of any applicable agreement or law. Nothing herein shall be construed as consent by Client to be sued by third parties, or as a waiver or modification of the provisions or limits of Section 768.28, Florida Statutes or the Doctrine of Sovereign Immunity. LIMITATION ON VHB'S RESPONSIBILITY AND JOBSITE SAFETY. VHB will not be responsible for the acts or omissions of contractors or others at the Site, except for its own subcontractors and employees. Neither the professional activities of VHB nor the presence of VHB or its employees or sub -consultants at a project site shall relieve the other parties on this Project of their obligations, duties, and, including, but not limited to, construction means, methods, sequence, techniques, or procedures necessary for performing, superintending, and coordinating the Work in accordance with the contract documents and any health or safety precautions required by any regulatory agencies. VHB and its personnel have no authority to exercise any control over any construction contractor or its employees in connection with their work or 19 any health or safety programs or procedures. Client agrees that Contractor shall be solely responsible for job site safety and warrants that this intent shall be carried out in Client's contract with Contractor. ALLOCATION OF RISK. In recognition of the relative risks and benefits of the Project to both Client and VHB, the risks have been allocated such that Client agrees that to the fullest extent permitted by law, VHB's total liability in the aggregate to Client and any persons or entities claiming by, through or under Client, for any and all injuries, claims, losses, expenses, or damages whatsoever arising out of or in any way related to the Project and/or this Agreement from any cause or causes, including, but not limited to, VHB's negligence, errors, omissions, strict liability, statutory liability, indemnity obligation, breach of contract or breach of warranty shall not exceed the higher of $50,000 (fifty thousand dollars), or ten (10) percent of the compensation actually paid to VHB. Client and VHB may agree to a higher limitation of liability for an increased fee. DISPUTE RESOLUTION. All questions in dispute under this Agreement shall be submitted to non-binding mediation as a condition precedent to the institution of legal proceedings. On the written notice of either party to the other of the election to submit any dispute under this Agreement to mediation, each party shall designate their representative and shall meet within ten (10) days after the service of the notice. The parties shall then attempt to resolve the dispute within ten (10) days of meeting. Should the parties be unable to agree on a resolution of the dispute, then the parties shall proceed with mediation in accordance with the mediation rules of the American Arbitration Association. The cost of mediation shall be borne equally by both parties. This Agreement shall be governed and construed in accordance with the laws of the State of Florida. LEGAL SUPPORT. To the extent VHB is required to respond to any dispute resolution process, including, but not limited to, requests for document production, discovery or a request to appear in any deposition or legal proceeding, which is related to the Scope of Services but does not arise out of VHB's negligent acts, errors or omissions, Client shall compensate VHB for all costs incurred by VHB, including reasonable attorneys' fees. DESCRIPTIVE HEADINGS AND COUNTERPARTS. The headings contained in this Agreement are for convenience of reference only and shall not constitute a part hereof, or define, limit or in any way affect the meaning of any of the terms or provisions hereof. This Agreement may be executed in two or more counterparts, and any party hereto may execute any such counterpart, which, when executed and delivered, shall be deemed to be an original and all of such counterparts taken together shall be deemed to be one and the same instrument. EXCLUSIVE REMEDIES. In the event that any dispute is not remedied through the alternative dispute resolution procedures set forth herein, all claims, actions, and rights of action arising from or relating in any way to this Agreement or the services performed thereunder, whether in contract, tort, indemnity and all other rights of action whatsoever, shall be filed in a court of competent jurisdiction within three years of the completion of such services, or all such claims, actions and rights of action shall be waived. Recovery under this Agreement shall be limited by the parties' agreement on Allocation of Risk and the remainder of this section. Notwithstanding any other provision of this Agreement, neither party shall be liable to the other for any liquidated, incidental, special, indirect or other consequential damages incurred, regardless of the nature of the cause or whether caused by Client or VHB, or their employees, sub -consultants, or subcontractors. Consequential damages include, without limitation, loss of use, loss of profits, loss of production, or business interruption; however, the same may be caused. VHB and Client waive all claims against each other arising out of or related to this Agreement or the services to the extent that losses, damages, and liabilities associated with such claims have been compensated by the proceeds of property insurance or any other insurance policy. VHB makes no warranties or guarantees, express or implied, under this Agreement or any other contract document with respect to its provision of professional services. In entering into this Agreement, Client has relied only upon the representations set forth in this Agreement. No verbal warranties, representations, or statements shall be considered a part of this Agreement or a basis upon which Client relied in entering into this Agreement. NO THIRD -PARTY BENEFICIARIES. Nothing contained in this Agreement shall create a contractual relationship with, or a cause of action in favor of, a third party against either Client or VHB. In addition, nothing herein shall be construed as creating a contractual relationship between Client and any VHB employee, representative, or consultant. Client agrees that in the event of a dispute regarding this Agreement or the services rendered by VHB hereunder, Client shall only seek recourse against VHB and waives any right to pursue a claim against VHB's individual directors, officers or employees. VHB's commitments as set forth in this Agreement are based on the expectation that all of the services described in this Agreement will be provided. In the event Client later elects to reduce VHB's Scope of Services, Client hereby agrees to release, hold harmless, defend, and indemnify VHB from any and all claims, damages, losses or costs associated with or arising out of such reduction in services. SEVERABILITY. The invalidity or unenforceability of any provisions of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement, which shall remain in full force and effect. 20 TAXES. Any taxes or fees, enacted by local, state, or federal government and based on gross receipts or revenues, will be invoiced to and payable by Client as an additional amount due under this Agreement. PROJECT SPECIFIC PROVISIONS. To the extent the Scope of Services involves any of the following services/geographies, the following general provisions apply accordingly: GEOTECHNICAL SERVICES. Client understands that VHB does not perform geotechnical services directly and, if requested, will retain a geotechnical sub -consultant on behalf of Client, and VHB shall rely on the accuracy and completeness of data furnished as if the geotechnical services were contracted directly through Client. AMERICANS WITH DISABILITIES ACT (ADA). Client understands and agrees that ADA standards are evolving and subject to varying, potentially contradictory interpretations and applications. VHB will use its reasonable professional efforts and judgment to interpret applicable ADA requirements and other federal, state and local laws, rules, codes, ordinances, and regulations as they apply to the Project. VHB cannot and does not warrant or guarantee that Client's Project will comply with all ADA requirements or ADA interpretations or other applicable regulatory interpretations. CLIMATE CHANGE/FLOOD ANALYSIS. VHB shall not be responsible or liable for any damages, losses, litigation, expenses, counsel fees and compensation arising out of any claims, damages, personal injuries and/or property losses related to flooding conditions whether directly or indirectly due to flood water damage, and Client shall at all times indemnify and hold harmless VHB, its respective officers, agents and employees on account of any related claims, damages, losses, expenses and counsel fees related thereto. CONSTRUCTION PHASE SERVICES SITE VISITS. VHB shall make periodic site visits upon the request of Client or as otherwise agreed in writing by Client and VHB for the limited purpose of determining whether work is in general conformance with VHB's plans and specifications. Such visits are not intended to be an exhaustive check or a detailed inspection of Contractor's work. VHB shall not supervise or have control over Contractor's work nor have any responsibility for construction ways, means, methods, techniques, sequences, or procedures selected by Contractor nor for Contractor's safety precautions or programs in connection with the Work. SHOP DRAWINGS. VHB's review of submittals such as shop drawings, product data, samples, and other data, shall be for the limited purpose of checking for conformance with the design concept and the information in VHB's documents. This review shall not include review of the accuracy or completeness of details, such as quantities, dimensions, weights or gauges, fabrication processes, construction means or methods, coordination of the work with other trades, or construction safety precautions, all of which are the sole responsibility of Contractor and other unrelated parties. Review of a specific item shall not indicate that VHB has reviewed the entire assembly of which the item is a component. VHB shall not be responsible for any deviations from VHB's documents or other documents that are not brought to the attention of VHB in writing by Contractor. VHB shall not be required to review partial submissions or those for which submission of correlated items have not been received. PUBLIC RECORDS. IF VHB (HEREINAFTER FOR PURPOSES OF THIS SECTION ONLY "THE CORPORATION") HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES OR THE CORPORATION'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: 727-562-4092, Rosemarie.Call@myclearwater.com, 600 Cleveland Street, Ste. 600, Clearwater, FL 33755. Documents created or received associated with the activities permitted hereunder may be public records pursuant to Chapter 119, F.S. and the Corporation agrees to comply with the Florida Public Records Act. The Corporation's agreement to comply with public records law applies specifically to: a) Any documents considered public records as that term is defined in 4 119.011(12), Fla. Stat. b) Keep and maintain public records required by the City of Clearwater (hereinafter "public agency") to perform the service being provided by the Corporation hereunder. c) Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided for in Chapter 119, Florida Statutes, as may be amended from time to time, or as otherwise provided by law. d) Ensure that the public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Corporation does not transfer the records to the public agency. e) Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Corporation or keep and maintain public records required by the public agency to perform the service. If the Corporation transfers all public records to the public agency upon completion of the contract, 21 the Corporation shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Corporation keeps and maintains public records upon completion of the contract, the Corporation shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. f) A request to inspect or copy public records relating to a public agency's contract for services must be made directly to the public agency. If the public agency does not possess the requested records, the public agency shall immediately notify the Corporation of the request and the Corporation must provide the records to the public agency or allow the records to be inspected or copied within a reasonable time. g) The Corporation hereby acknowledges and agrees that if the Corporation does not comply with the public agency's request for records, the public agency shall enforce the contract provisions in accordance with the contract. h) If the Corporation fails to provide the public records to the public agency within a reasonable time the Corporation subject to penalties under Section 119.10, Florida Statutes. i) If a civil action is filed against the Corporation to compel production of public records relating to a public agency's contract for services, the court shall assess and award against the Corporation the reasonable costs of enforcement, including reasonable attorney fees, if: 1) 1. The court determines that the Corporation unlawfully refused to comply with the public records request within a reasonable time; and 2. At least 8 business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that the Corporation has not complied with the request, to the public agency and to the Corporation. A notice complies with subparagraph (i)2 if it is sent to the public agency's custodian of public records and to the Corporation at the Corporation's address listed on its contract with the public agency or to the Corporation's registered agent. Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic format. k) If the Corporation complies with a public records request within 8 business days after the notice is sent then it is not liable for the reasonable costs of enforcement. PROJECTS LOCATED IN FLORIDA. FLORIDA STATUTES SECTION 558.0035 (2013), AN INDIVIDUAL EMPLOYEE OR AGENT MAY NOT BE HELD INDIVIDUALLY LIABLE FOR ECONOMIC DAMAGES RESULTING FROM NEGLIGENCE OCCURRING WITHIN THE COURSE AND SCOPE OF THIS AGREEMENT. 22