Item 3A Mayport Corridor CRA ContractAGENDA ITEM:
S UBMITTED BY:
DATE:
BAC KGROUND:
CITY OF ATLANTIC BEACH
C lTY C OMMISSION MEETING
STAFF REPORT
Mayport Corrid or CRA Contract
Jeremy Hub sc h /1/l..J
Buildin g and Zo nin g Director ("fl.
Ju ne 24,2015
AGENDA I TEM #JA
.JULY 27,201 5
The C it y of At lanti c Beach proposes to partner with the Iirm VHB , the Northeast Florid a
Regiona l Co un cil , and Steve Lindor iT (fo rm e r Jac kso nville Beach CRA Manager) to crea te a
CRA in !he Mayport Corridor. VHB is cun·e ntly wo rkin g o n a CRJ\. for the Mayport V ill age fo r
the Cit y of Jackso nvill e. T he con trac t fo r the Mayport Vi ll age CRA is $198,000, whil e th e
proposed fee for th e Maypott Corridor C RA is $92,446.67.
The scope of wo rk for the propo sed Mayport Corridor CRA has been tailored to fit the needs of
Atl a nti c Beach . T here we re tas ks s pec ific to th e Mayport V illage CRA suc h as: environm ental
ana lys is, archit ectu ral renderin gs, a nd deta il ed s ite spec i1ic real estate deve lopme nt a nalys is that
are no f as esse ntial for th e Maypo ti Co iTi dor CRA. The sco pe was somewhat sca led back as a
re sult. The Maypo rt Co rrid or CRA wi ll also not req uire as many sub con s ulta nts as the Maypor t
Village CRA. Addi ti onally , th e re a re so me lasks involved in th e Mayport Co rrid or CRA th at
VHB will be abl e to spend le ss tim e on due to th eir work on th e Maypor t Vi ll age CRA. As a
resu lt o f all of th ese factors, the q uote for the Mayport Corridor CRA fo r Atlantic Beac h is
s ubstanti all y less expens ive th an the May port V ill age CRi\.
As a res ult o r th e va lue the city is gett ing from th e propose d May poti Co rrid or CRA qu ote, the
loca l know ledge VHB has gai ned fi ·o m work in g on the MaypOli Village CRA , and th e fact th a t
VI IB won a co mp etiti vely bid RFP (# 27-14) from Jackso nville, the Cit y has not iss ued an RFP
for thi s projec t an d hopes to move forward with V I lB. Per code sect ion 2-336 (6), the City does
not have to competiti vely bid out an RFP w hen the cos t of a co ntrac t is at or below th e cos t or
anoth er co mpeti tive ly bid co ntr ac t. The City A tt orn ey has rev iewed the pr oposed co ntract fr om
VHB. There a re so me mi nor co ntractua l issue s that will be worked ou t wit h VHB prio r to
exec ution of th e contra ct.
BUDGET: Ordi nan ce 20-15-13 1, fundin g th e st udy
RECOMMENDATION: Auth orize th e City Ma nage r to exec ut e contract with V IIB
ATTACHM E NTS: Draft of CRA contra ct; Fee proposa l
R EVI E WED BY C ITY MANAG E R :
Phone. 407 l.H'.l..tCl ll6
r.,lx 10183 •IIJOII
\~Will ~Jtb.l 01 I
Erlglnters I Scl•nli•U 1 Planners 1 DMigners
Vana~~e H~ng en Brustlin, Inc
L<ll)dmark Cen ter Tw,.,
Suite 300
225 E. Robinson Street
Orlando, Flo rid a ~2801
1:8] New Contract
0 Amendment No.
Date
Project No.
AGENDA I TEM I/3A
.JUL Y 27,201 5
Client Authorization
June 3, 2015
82317.15
Project Name City of Atlantic Beach Community Redevelop ment Area (CRA) Plan
To: City of Atlantic Beach
As Requested By: Client
Co st Estimate Am en dment Contract Total
Labor
Expenses
1:8] Fixed Fee
0 Cost + Fixed Fee
$92,446.67
included
0 Time & Expenses
0 Oth er
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 compensati on. Part II (attached) conta i ns the Terms and Conditions of Agreement, which are proposed
general terms of the engagement between the City of Atlantic Bea ch, he rein after cal led the "Client," and Vanasse
Hangen Brustlin, Inc. (VHB).
PROJECT DESCRIPTION
It is understood that City of Atlantic Beac h desires the creation of a Community Redeve lopment Area (CRA) to
encourage t h e redevelopment of the Hig hway A 1 A corridor. The area preliminarily identified by the City is wholly
within the City's j urisdiction and is genera lly bound to the south by Atlantic Bou levard, to the west by the Intercostal
Waterway, to the north by Dutton Island Road, and includes multiple parcels with frontage on the east si de of
Highway A 1 A. VHB wi ll compl ete the foll owing Tasks necessa ry to prepare the Finding of Necessity and establish the
CRA consistent with legislative requirements of the State of Florida and Duval County.
SCOPE OF SERVICES
1.0 Project Start UR
1.1. Kick-Off Meeting
VHB and the Northeast Florida Regional Co unci l (NEFRC) will prepa re for and facil itate a kick-off meeting
with the City Pl an ning and Developmen t Department, Proj ect Manager an d other appropriate City staff,
serving as th e Tech nical Advisory Comm ittee (TAC}.
1.2. CRA Driving and Wal king Tour
VHB, NEFRC, and Ci ty staff, along with any members of the TAC who wish to participa te, along w i th key
stakehold ers, will tour the identified CRA area together to allow the project t ea m to become fam il iar with
Ttt·o originnl~· of !Iris Atttltori:ntionneed ro /lc e.rectttetl. One originol Jtecds lo bejo1 worded to Acco tll llillg Co n/mel Files.
AGENDA ITEM# 3A
JULY 27,2015
concerns expressed by the T AC and any other specific site considerations the staff, TAC or stakeholders
believe will be included preparation of the CRA Plan.
1.3. Technical Advisory Committee Meetings
VHB and City Staff will work with a Technical Advisory Committee (TAC) identified by and organized by
the City. Additional members may be added to the committee once the boundaries for the CRA have
been identified. The TAC acts as a sounding board for ideas in the plan and for actions that must be
taken by officials of the City of Atlantic Beach in the adoption of the CRA Plan. Specifically its role is to:
• Represent the community and guide the establishment of the Atlantic Beach CRA Plan
• Provide input and refinement for the identification of redevelopment issues and
opportunities
• Assist in the evaluation and selection of the CRA boundary
• Assist in the development of the goals, objectives and benchmarks for implementing the
CRA Plan
• Participate in Community Workshops
• Recommend the draft plan to City Council
VHB will prepare for and facilitate up to three (3) TAC meetings to review and advise the City on project
progress and deliverables.
Task 1 Deliverables
• Detailed Project Schedule
• Project Team Directory
• Identification of issues to be addressed by the CRA Plan
• Kick-off Meeting Summary
• Preparation for and facilitation of up to three (3) TAC meetings
2.0 Community Outreach and Stakeholder Involvement
2.1. One on One Interviews
VHB and the NEFRC will conduct up to five (5) interviews, in person or by phone, with key individuals or small
groups of property owners, economic development experts and other key stakeholders in the study area,
especially those who have participated in preparation of past plans and guidelines. A memorandum will be
prepared summarizing the feedback relating to market, CRA boundaries, development opportunities and
potential barriers to development as identified in these discussions.
2.2. Community Workshops
VHB and the NEFRC will prepare for and facilitate two (2) community workshops to solicit input on the proposed
CRA boundary, policies, projects and action plan.
2.3. Social Media
VHB and NEFRC will work with the City to employ a variety of media technology options to facilitate online input
and collaboration from the community concerning various design, planning and implementation alternatives
presented at key points during the project. These technologies supplement public outreach strategies to help
drive increased citizen participation and obtain meaningful feedback, beyond public meetings, email lists, fliers,
and other traditional methods. Social media will be employed throughout the process to build awareness,
understanding and consensus on the final recommendations.
Task 2 Deliverables
• Stakeholder Interviews summary
T·wo originals of this Authorization need to be executed. One original needs to be fa/warded to Accounting Contract Files.
• Community Workshop promotional materials
• Agenda for Community Workshop #1and #2
• Presentation Materials for Community Workshop #1and #2
• Community Workshop #1and #2 Meeting Summary
• Results Community Preference Surveys
• Social Media Outreach Strategy
3.0 CRA Plan Vision, Goals and Objectives
AGENDA ITEM# 3A
JULY 27,2015
This task describes the preparation necessary for Community Workshop #1. In conjunction with the work in Task
4 (described below), VHB will analyze existing conditions relative to the criteria for documenting blighted
conditions as provided in applicable State of Florida Statutes. Based on this analysis VHB will prepare CRA
boundary map alternatives for consideration by the TAC. Based on the evaluation, VHB will meet with the TAC to
confirm the Vision Principles, policies and guidelines for guiding the development of the CRA Plan and confirm
the CRA Boundary (preliminarily identified by the City) to be used in preparing the required Blight Study and the
CRA Master Plan. As part of the analysis, VHB will prepare an existing conditions map that documents
opportunities and barriers to redevelopment and suggests potential catalyst projects.
Task 3 Deliverables
• Healthy Community Design Framework Diagram
• Vision Statement
• Goals and Objectives
• Definition of proposed boundaries
• Identification of Initial Redevelopment Opportunities
4.0 Demographic Profile and Redevelopment Analysis
4.1 Demographic Profile and Redevelopment Analysis
This task will be led by Steve Lindorff, retired director of the City of Jacksonville Beach CRA, on contract with
VHB. Mr. Lindorff will be responsible for the following deliverables:
• Demographic profile of City of Atlantic Beach and study area;
• Economic input for Finding of Necessity; and
• Review I QAQC of City's TIF projections;
4.2 Existing and Future Conditions Analysis
VHB will perform the following subtasks to evaluate current and potential future conditions within the City's CRA:
• Prepare a map series using GIS provided by the City or other readily available public sources. The
map series will include:
• Study area
• Existing Land Use
• Future Land Use
• Transit Routes
• Transportation Network
• Existing and Future Levels of Service
• Utilities Map
• Water and Water Service Areas
• Sewer and Stormwater
• Ownership
• Vacant/Public Land
• Environmental Constraints
• Parks, Public Uses and Open Spaces, Historical and cultural resources
Two originals of this Authorization need to be executed. One original needs to be fonvarded to Accounting Contract Files.
AGENDA ITEM # 3A
JULY 27,2015
• Evaluate overall physical conditions, including functional and physical obsolescence and blight
caused by absentee property owners to understand the issues causing owners to redevelop or
dispose of their properties;
• Review the City's Comprehensive Plan and current development regulations and to determine
where improvements can be implemented that will serve to facilitate redevelopment, such as
expedited permitting.
• Evaluate the overall transportation network, including pedestrian, vehicular, existing public transit
options; and
• Evaluate other public infrastructure that could impact development potential including water and
sewer facilities, stormwater management, and other relevant systems necessary to support existing
and proposed development in the study area.
Task 4 Deliverables:
• Demographic profile
• QA/QC of TIF projections provided by City
• GIS Map Series
• Technical Memorandum of existing and future infrastructure conditions
5.0 DRAFT FINDING OF NECESSITY, CRA PLAN AND POLICY FRAMEWORK
Using the results from the previous Tasks, VHB will prepare a preliminary draft of the Finding of Necessity, CRA
Plan and Policy Framework. Mr. Lindorff, serving as Senior Community Redevelopment Planner, will review the
draft plans prepared by VHB, providing input on programs and projects to be funded by the CRA. The Plan will
address the requirements of Chapter 163, Part Ill F.S.
Once the comments have been recorded, VHB will arrange for review of the draft plans by the TAC. Upon
approval by the T AC, the draft plan will be considered at a City Council Workshop. Based on the direction
received at the workshop, VHB will prepare a Final CRA Plan, as described in Task 6. Final public hearings will be
scheduled in compliance with Chapter 163, Part 3 and applicable City ordinances.
Task 5 Deliverables:
• Draft Finding of Necessity
• Draft Community Redevelopment Area Plan
• One (1) City Council Workshop to present drafts
6.0 FINAL FINDING OF NECESSITY. CRA PLAN AND POLICY FRAMEWORK
Based upon the input from the public meetings and direction from the TAC and City Council, VHB will prepare
the final Finding of Necessity, CRA Plan and Policy Framework. VHB will provide electronic editable and PDF
versions of the CRA Plan, and PowerPoint Presentation, as well as 20 paper copies of the Finding of Necessity
and CRA Plan.
Task 6 Deliverables:
• Electronic Editable and PDF of Finding of Necessity and CRA Plan
• Electronic PowerPoint Presentation
• Twenty (20) paper copies of Finding of Necessity and CRA Plan
Two originals of this Authorization need to be executed. One original needs to be forwarded to Accounting Contract Files.
ASSUMPTIONS
AGENDA ITEM# 3A
JULY 27,2015
It is understood that VHB will perform services under the sole direction of the Client. In the performance of these
services, VHB will communicate its efforts with those of other project team members as required.
It is understood that VHB will use the CRA boundary that has been preliminarily identified by Client and will be used as
the basis for the Finding of Necessity and the Redevelopment Plan
SERVICES NOT INCLUDED
The following services have not been included in this Amendment at this time:
• Transportation modeling
• Permit applications
• Environmental assessment
Should work be required in these areas, or areas not previously described, VHB will prepare a proposal or amendment,
at the Client's request, that contains the Scope of Services, fee, and schedule required to complete the additional work
items
CLIENT FURNISHED INFORMATION
VHB will rely upon the accuracy and completeness of Client-furnished information in connection with the performance
of services under this Agreement. Client shall provide VHB with project-related technical data including, but not limited
to, the following:
• Property Appraiser data for parcels within identified Community Redevelopment Area (CRA).
• Tax Increment Financing (TIF) projections for identified CRA parcels.
• City-wide GIS data, including parcels, public infrastructure, land use, and environmental
resources.
• Demand and available capacity for public infrastructure (water, wastewater, etc).
SCHEDULE
VHB will begin performance of the above services on the date written authorization to proceed is received. VHB will
complete professional services described within 10 months of receiving written authorization to proceed. The schedule
assumes receipt of the information described under "Client Furnished Information" when the authorization to proceed
is received and is also subject to timely delivery of information promised by the Client and is exclusive of Client and
local review of interim products.
Two originals of this Authorization need to be executed. One original needs to be forwarded to Accounting Contract Files.
COMPENSATION
AGENDA rn:M # 3A
J ULY 27,20 15
VHB wi ll perform the Scope of Services contai ned in this Agreement on a lum p sum bas is as indicated below.
Task lump Sum Fee
Task 1: Context Analysis
1.1 Ki ckoff $ 1,255.00
1.2 Site Tour $ 1,585.00
1.3 TAC M eetings (3 ) $ 9,120.00
Prepare De liverables $ 2,625.00
Task 1 Subtotal $ 14,585.00
Task 2: Community Engagement
2.1 One o n One Interviews $ 1,500.00
2.2 1st Public Worl<shop $ 4,540.00
2.3 2nd Public Workshop $ 4,540.00
2.4 Socia l M ed ia $ 1,690.00
Prepare De liverables $ 8,250.00
Task 2 Subtotal $ 20,020.00
Task 3: CRA Vision, Goals and Objectives
Prepare Deliverables $ 13,790.98
Task 3 Subtotal $ 13,790.98
Task 4: Demographic Profile and Redevelopment Analysis
4 .1 Market/Economic Analys is $ 3,590.00
4.2 Evaluation of Ex isting and Futu re Conditions $ 12,265.57
Task Subto t al $ 15,855.57
Task 5 Draft Finding of Necessity and CRA Plan
Prep are Deliverables $ 12,813.44
Task Subtotal $ 12,813.44
Task 6 Final Finding of Necessity and CRA Plan
Prepare Delive rabl es $ 7,700.00
Task Subtotal $ 7,700.00
Travel and Reprographic Allowances (estimated) $ 4,000.00
Total $ 92,446.67
In addition to the labor compensat ion, VHB shall be r eimbursed for expend itures made specifica ll y for the project such
as: printing and rep r ographics; travel an d subsisten ce; co mputer charge s; telephone charges; shipping, postage, and
courier service charges; purchase of maps and similar documents; etc. These direct expenses will be billed at 1.0 times
th eir actual cost.
Two Ol'lgi11a /.1· of this Aulhorlzatiouuced to be executed. 011 e origiualueeds to be[01warded to Accounting Contract Files.
Prepared By: C. Ostrodka
AGENDA ITEM # 3A
JULY 27, 2015
Department Approval: P. Yeargain
Please execute this Client Authorization for VHB to proceed with the above scope of services at the
stated estimated costs. No services will be provided until it is signed and returned to VHB.
[gj Subject to attached terms & conditions.
Vanasse Hangen Brustlin, Inc. Authorization
By
Paul W. Yeargain, P.E.
Title Managing Director, Orlando
Date June 3, 2015
0 Subject to terms & conditions in our original
agreement dated
Client Authorization (Please sign original
and return)
By
Title
Date
Two originals of this Authorization need to be executed. One original needs to befonvarded to Accounting Contract Files.
PART II
VANASSE HANGEN BRUSTLIN, INC.
TERMS AND CONDITIONS OF AGREEMENT
AGENDA ITEM # 3A
JULY 27,2015
The engagement of Vanasse Hangen Brustlin, Inc. (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.
1. The fee estimate for the proposed Scope of Services is valid for 60 days from the date of Proposal.
2. Payment to VHB is the sole responsibility of signatory of this Agreement and is not subject to third
party agreements.
3. All schedules set forth in the attached Scope of Services commence upon receipt of a signed
Agreement and, if requested, a retainer. All retainer amounts will be applied to the last invoice. A
RETAINER OF $ -0-IS REQUIRED BEFORE SERVICES CAN COMMENCE UNDER THE
AGREEMENT.
4. Requests for additional services and any associated fee adjustment must be authorized in writing
before additional services can begin.
5. Invoices will be rendered monthly and become due upon receipt. Any invoice outstanding for more
than 30 days after date of invoice will be subject to a financing charge of 1-1/2 percent per month.
6. 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.
7. Invoice payments must be kept current for services to continue. If the Client fails to pay any invoice
due to VHB within 45 days ofthe date of invoice, VHB may, without waiving any other claim or right
against Client, suspend services under this Agreement until VHB has been paid in full all amounts
due VHB and/or any of its Consultants and Subcontractors. 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 the Client under multiple projects, invoice payments must be kept
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 payments are not
current on all projects. 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 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. Among other things, VHB's
project manager and Client's representative will confer as often as reasonably necessary about any
issues that arise involving invoicing and collections. Client's representative will contact VHB's
AGENDA ITEM# 3A
JULY 27, 2015
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.
8. 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 the Client requires additional
insurance coverage, and it is available, Client agrees to reimburse VHB for such additional
expense.
9. The Client and VHB shall at all times indemnify and save harmless each other and their officers, and
employees on account of any claims, damages, losses, litigation, expenses, counsel fees, and
compensation arising out of any claims, damages, personal injuries and/or property losses
sustained by any person or entity, to the extent caused by the negligent acts, errors or omissions
of the indemnifying party, its employees, or subcontractors in connection with the Project, and/or
under this Agreement.
10. VHB shall not be responsible for failure to perform or for delays in the performance of services
which arise out of causes beyond the control and/or without the fault or negligence of VHB.
11. VHB shall be entitled to rely on the accuracy and completeness of data, reports, surveys,
requirements, and other information required to be provided by Client under this Agreement.
12. Client agrees to the fullest extent permitted by law, to indemnify and hold harmless VHB, its officers,
employees and sub-consultants from and against any and all claims, suits, demands, liabilities costs,
including reasonable attorneys fees and defense costs caused by, arising out of or in any way
connected with the detection, presence, handling, removal, abatement, or disposal of any asbestos
or hazardous or toxic substances, products or material that exist on, about or adjacent to the job
site.
Two originals of this Authorization need to be executed. One original needs to befonvarded to Accounting Contract Files.
AGENDA ITEM# 3A
JULY 27,2015
13. VHB's services will be performed on behalf of and solely for the benefit and exclusive use of Client
for the limited purposes set forth in the Agreement. Client acknowledges that VHB's services
require decisions that are not based upon science, but rather upon judgmental considerations.
Client may not delegate, assign, sublet, or transfer its duties or interest in this Agreement without
the written consent of VH B.
14. In the performance or furnishing of professional services hereunder, VHB, and those it is responsible
for, shall exercise the degree of skill and care customarily accepted as good professional practices
and procedures by members of the same profession currently practicing under similar conditions
in the same locality ("Standard of Care").
Consistent with this Standard of Care, the services shall conform to applicable laws, codes,
ordinances, and regulations of any governmental agency having jurisdiction over the project, at the
time services are rendered. VHB shall perform its services as expeditiously as is consistent with the
Standard of Care and with the orderly progress of the Work.
15. VHB shall not be required to sign any documents, no matter by whom requested, that would result
in VHB's having to certify, guaranty or warrant the existence of conditions whose existence VHB
cannot 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 be given in VHB's
professional opinion consistent with the Standard of Care. VHB shall be compensated for any work
necessary to verify project compliance with regulatory standards for purposes of such certification.
16. Client hereby agrees that to the fullest extent permitted by law, VHB's total liability to Client and
any persons or entities claiming by, through or under the 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 $50,000 (fifty thousand dollars).
17. All documents including Drawings and Specifications (whether in hard or electronic form) prepared
by VHB pursuant to the Agreement are instruments of service with respect to the Project. They are
not intended or represented to be suitable for reuse by the 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 purpose intended will be at the
Client's sole risk and without liability or legal exposure to VHB; and the Client, shall release,
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 the third person or entity
seeking to reuse said documents.
If any information hereunder is provided in electronic format, Client recognizes that such plans,
documents or other information recorded on or transmitted as electronic media, including CADD
documents ("Electronic Documents") are 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 not as record documents.
Two originals of this Authorization need to be executed. One original needs to befonvarded to Accounting Contract Files.
AGENDA ITEM# 3A
JULY 27,2015
18. To the extent permitted by law, VHB retains the copyright in all written work products, including
plans, specifications, calculations, computer programs, and computer generated materials in any
form, produced in connection with the work under this agreement, unless otherwise agreed to in
writing by an authorized VHB representative. Subject to Term No. 17 above, VHB licenses to Client
the use of all written work products, including plans, specifications, calculations, and computer
generated materials in any form, produced in connection with the work under this agreement on a
non-exclusive basis.
19. All questions in dispute under this Agreement shall be submitted to non-binding mediation. 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
(1 0) days after the service of the notice. The parties themselves shall then attempt to resolve the
dispute within ten (1 0) days of meeting. Should the parties themselves 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 process shall be considered as a condition precedent to moving to a
more formal or judicial process.
20. Notwithstanding any other provision of this Agreement, neither party shall be liable to the other
for any incidental, special, indirect or other consequential damages incurred due to the fault of the
other party regardless of the nature of the fault or whether it was committed by the Client or VHB,
or their employees, sub-consultants, or subcontractors. Consequential damages include, without
limitation, liability for loss of use of the Project or existing property, loss of profits, loss of production
or business interruption; however, the same may be caused.
21. 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 the Client relied in entering into this Agreement. No statements,
representations, warranties, or understandings, unless contained herein, exist between Client and
VHB.
22. Nothing contained in this Agreement shall create a contractual relationship with, or a cause of
action in favor of, a third party against either the Client or VHB. VHB's services under this
Agreement are being performed solely for the benefit of the Client and no person or other entity
shall have any claim against VHB because of this Agreement. In addition, nothing herein shall be
construed as creating a contractual relationship between the Client and any VHB employee,
representative or consultant. The Client agrees that in the event of a dispute regarding this
Agreement or the services rendered by VHB hereunder, the Client shall only seek recourse against
VHB and waives any right to pursue a claim against VHB's individual directors, officers or employees.
23. 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.
24. This Agreement shall be governed and construed in accordance with the laws of the
Commonwealth of Massachusetts.
Two originals of this Authorization need to be executed. One original needs to befonvarded to Accounting Contract Files.
AGENDA ITEM# 3A
JULY 27,2015
25. 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.
26. Client understands that the requirements of the Americans with Disabilities Act ("ADA") are evolving
and will be subject to various, 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.
Two originals of this Authorization need to be executed. One original needs to be fonvarded to Accounting Contract Files.
Community
Redevelopment &
Planning Consultants,
Atlant i c Bea ch CRA Plan VHB LLC NEFRC TOTALS
Senior Communltv
Principal in Project Sr. Env Redevelopment
Task Charge Manager Planner Sr Trans Planner Trans Pla nne r Sr Enginee r Engineer Sci entist Planner Principal Plann er/ Med ia Admin Graphics -loaded Rates s 250.00 s 145.00 s 75.00 s 131.89 s 72.74 s 185.52 s 95.47 s 187.20 s 150.00 s 125.00 s 110.00 s 90.00
1.1 Kickoff Meeting 4 4 3 s 1,255.00
1.2 Site Tour 4 4 3 3 s 1,585 .00
1 .3 TAC Meetln&s (3) 24 34 12 12 3 s 9,120.00
Prepare Oellverables 2 4 12 3 3 s 2,625.00
Task Subtotal 2 36 54 0 0 0 0 0 0 21 1S 6 s 14,585.00
s -
2.1 Conduct One-on-One Interviews 12 s 1,500.00
2.2.1 Community Workshop #1 12 20 4 4 4 s 4,540.00
2.2.2 Community Workshop #2 12 20 4 4 4 s 4,540.00
2.3 Social Med io 2 4 10 s 1,690.00
Prepare Oeliverables 2 4 16 24 18 11 s 8,250.00
Task Subtotal 0 30 60 0 0 0 0 0 0 44 36 19 $ 20 ,020.00
s -
3 CRA Vision Plan 4 8 24 2 s 13,790.98
Tas k Sub total 4 8 24 2 0 0 0 0 0 0 0 0 $ 13,790.98
s
4 .1 Market/Economic Analvsis 2 4 20 s 3,590.00
4.2 Evaluation of Existing and Future Conditions 4 8 40 8 u 8 23 8 s 12.265.57
Task Subtotal 4 10 44 8 u 8 23 8 20 0 0 0 s 1S,8SSS7
s -
5 Draft Fondong of Necessity and CRA Plan 8 20 60 10 s 12,813.44
Task Subtotal 8 20 60 0 0 0 0 0 10 0 0 0 s 12,813.44
s -
6 Final f lndine of Necessity and CRA Plan 8 16 30 8 s 7,770.00
Task Subtotal 8 16 30 0 0 0 0 0 8 0 0 0 s 7,770.00
Lebor TIICII 26 uo 272 10 u 16 39 8 42 65 51 25 $ 88,446.67
I Elcperuese $ 4,1100.00
Total $ 92,446.67