DESIGN CONCEPT AND VISION FOR CLEVELAND STREET
CONTRACT
THIS CONTRACT, entered into this 18th day of April, 2005, by and
between the COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF
CLEARWATER, a Florida Redevelopment Agency, hereinafter referred to as
"CRA, " P.O. Box 4748, Clearwater, Florida 33758 and Wallis Murphey Boyington
Architects, Inc., a Florida corporation, hereinafter referred to as "WMB
Architects," 110 South Kentucky Avenue, Lakeland, Florida 33801.
WHEREAS, the CRA requested professional services to undertake a
Fa<;ade Analysis of Downtown Clearwater; and
WHEREAS, WMB Architects agree create base drawings, gather issues
and concerns, prepare initial concepts, present design concept and vision for
Cleveland Street, and provide a report outlining changes recommended in
Fa<;ade Improvement Program to bring incentives in alignment with goals of
"Vision Plan;"
NOW THEREFORE, CRA and WMB Architects do hereby incorporate all
terms and conditions in Exhibit "A" attached hereto, and mutually agree as
follows:
1. SCOPE OF PROJECT.
WMB Architects agree to provide professional services under the terms
and conditions described in Exhibit "A."
2. TIME OF PERFORMANCE.
This Contract shall commence on April 18, 2005 and terminate on
November 30,2005.
3. COMPENSATION.
The CRA will pay WMB Architects a sum not to exceed $50,000, inclusive
of all reasonable and necessary direct expenses. The CRA may, from time to
time, require changes in the scope of the project of WMB Architects to be
performed hereunder. Such changes, including any increase or decrease in the
amount of WMB Architects' compensation and changes in the terms of this
Contract which are mutually agreed upon by and between CRA and WMB
Architects shall be effective when incorporated in written amendment to this
Contract.
4. METHOD OF PAYMENT.
WMB Architects' invoices shall be submitted to the CRA for approval for
payment on a monthly basis. The CRA agrees to pay after approval under the
terms of the Florida Prompt Payment Act F.S. 218.70.
The CRA's performance and obligation to pay under this Contract is
contingent upon an annual appropriation of the CRA's budget.
5. NOTICES AND CHANGES OF ADDRESS.
Any notice required or permitted to be given by the provisions of this
Contract shall be conclusively deemed to have been received by a party hereto
on the date it is hand delivered to such party at the address indicated below (or
at such other address as such party shall specify to the other party in writing), or
if sent by registered or certified mail (postage prepaid) on the fifth (5th) business
day after the day on which such notice is mailed and properly addressed.
Page 2 of 5
Wallis Murphey Boyington Architects, Inc.
Steven J. Boyington, AlA
CRA of Clearwater
Geraldine Campos
Interim Executive CRA Director
P.O. Box 4748
Clearwater, Florida 33758
Telephone: 727-562-4023
Facsimile: 727-562-4075
110 South Kentucky Avenue
Lakeland, Florida 33801
Telephone: 863-687-3573
Facsimile: 863-683-6370
6. TERMINATION OF CONTRACT.
The CRA at its sole discretion may terminate this Contract by giving WMB
Architects ten (10) days written notice of its election to do so and by specifying
the effective date of such termination. WMB Architects shall be paid for it~
services through the effective date of such termination. Further, if WMB
Architects shall fail to fulfill any of its obligations hereunder, this Contract shall be
in default, the CRA may terminate the Contract, and WMB Architects shall be
paid only for work completed.
7. INDEMNIFICATION AND INSURANCE.
WMB Architects agree to protect, defend, indemnify and hold the CRA and
its officers, employees and agents free and harmless from and against any and all
losses, penalties, damages, settlements, costs, charges, professional fees or other
expenses or liabilities of every kind and character arising out of or due to any
negligent act or omission of WMB Architects or its employees in connection with or
arising directly or indirectly out of this Agreement and/or the performance hereof.
Without limiting its liability under this Agreement, WMB Architects shall procure and
maintain during the life of this Agreement professional liability insurance. This
provision shall survive the termination of this Agreement.
Page 3 of 5
WMB Architects agree to comply with all terms, provisions, and
requirements contained in Exhibit "B" attached hereto and made a part hereof as
if said document were fully set forth at length herein.
8. PROPRIETARY MATERIALS.
Upon termination of this Contract, WMB Architects shall transfer, assign and
make available to CRA or its representatives all property and materials in WMB
Architects' possession belonging to or paid for by the CRA.
9. INTERESTS OF PARTIES.
WMB Architects covenant that its officers, employees and shareholders have no
interest and shall not acquire any interest, direct or indirect, which would conflict
in any manner or degree with the performance and/or provision of services
required under the terms and conditions of this Contract.
10. CONFORMANCE WITH lAWS.
WMB Architects agree to comply with all applicable federal, state and local
laws during the life of this Contract.
11. ATTORNEY FEES.
In the event that either party seeks to enforce this Contract through
attorneys at law, then the parties agree that each party shall bear its own
attorney fees and costs.
12. GOVERNING lAW AND VENUE.
The laws of the State of Florida shall govern this Contract, and any action
brought by either party shall lie in Pinellas County, Florida.
Page 4 of 5
IN WITNESS WHEREOF, the parties hereto have executed this Contract
as of the date setforth above.
COMMUNITY REDEVELOPMENT
AGENCY OF THE CITY OF
CLEARWATER, FLORIDA
By:
-f~~~
Mnk V. Hibbard
Chairperson
Approved as to form:
,~. w.J)~
Bry D. Ruff
Assistant City Attorney
Attest:
< 2:.,
STATE OF FLORIDA
COUNTY OF PINELLAS 't-I",
T e foregoing instrument was acknowledged before me this ~ day of
, 2005 by FRANK V. HIBBARD and CYNTHIA E. GOUDEAU,
Chairpers and City Clerk, respectively, of the Community Redevelopment
Agency of e City of Clearwater, Florida. The are personally known to me or
have produced valid Florida drivers' licenses as identification
(Seal)
~~ Carolyn L Brink C . '':-I)......n... tn,
t.~ MVCOMMI8SION # 00203569 EXPIRES Q~ 0\ ~ 1...,)/lA..........JG/
BONOED~~~~~~~NCf,1NC Notary Pu lie, State of Florida
"'Ill'
Printed or typed name
WALLIS MURPHEY BOYINGTON
ARCHITECTS, INC.
~st
pt~:5!~J~
Secretary
Page 5 of 5
Exhibit' A'
Contract Between the Community Redevelopment Agency of the City of Clearwater llnd
Wallis Murphey Boyington Architects, Inc.
Dated April 18, 2005
April 18, 2005
SCOPE OF SERVICES:
A. Create Base Drawings (Duration 3 weeks)
1. City will provide base plans in AutoCad format of proposed Cleveland St. Streetscape
from Osceola Ave. to Myrtle Ave.
2. Consultant will create base existing fayade elevations of facades facing Cleveland St.
from Osceola Ave. to Myrtle Ave.
a. These fayade elevations may be drawn or photographic, and are general and
illustrative in character and are not accurate measured "as built" drawings and as
such the consultant does not warranty their use for any purpose other than the
conceptual vision for possible improvements.
B. Gather issues and concerns (Duration 1 week)
1. Consultant will facilitate initial Public Meeting to solicit public input from the public,
merchants, Main Street committee, Downtown Development Board stakeholders and
interested parties on issues and concerns for the revitalization of Cleveland St. These
meetings are critical to understanding what business owners have planned or would like
to see be developed. At these meetings, stakeholders will be encouraged to identify the
current strengths, weaknesses, and opportunities that they see along with Cleveland St.
a. City will provide location and facility for public meeting and identify and invite public,
merchants, and Main St. Committee stakeholders.
2. Consultant will meet initially with CRA/ED staff. At same meeting consultant will review
past history and policy of fayade improvement program and identify shortfalls and
concerns.
3. Consultant will compile results into prioritized issues memo.
C. Initial Concepts (Duration 3 weeks)
1. Consultant will develop initial alternative "vision" concepts for reimaging Cleveland St.;
reflective of character of buildings and Clearwater and identifying possible key
interventions, and review with CRA/ED staff to determine most favorable concept.
2. Consultant will also review streetscape plans and relationship to proposed fac;:ade
improvements will have when considered together.
D. Design Development Presentation (Duration 3 weeks)
1. Consultant will facilitate public meeting (location and invitation provided by city) at which
most favorable concept will be presented. Input will be solicited for adjustment of
concept. Presentation materials may include street elevations and sketches of key
interventions.
2. Consultant will meet with CRA/ED staff and review design development presentation and
public comments and determine refinements for final concept.
3. At same meeting consultant will discuss preliminary recommendations and financial
implication of revisions to fac;:ade improvement program.
E. Vision for Cleveland Street (Duration 4 weeks)
1. Consultant will facilitate public meeting (location and invitation provided by city) at
which final reimaging concept for Cleveland St. will be presented. Materials may
include full street elevations, with recommended key project interventions and order of
magnitude costs, adjustments to streetscape plans and 2-3 perspective renderings of
key areas of street.
2. Consultant will also provide report outlining changes recommended in fac;:ade
improvement program to bring incentives in alignment with goals of "Vision Plan"
. Renderings, elevations and report will be submitted to city in PDF format for city's
publication as required
Fee Schedule and Billing
Durations listed above for scope sections are sequential and dependant on prompt response and
comment from staff. Assuming such prompt response total duration of the project should be 14-
16 weeks. The above scope will be performed for a fee of $50,000.00, billed monthly based on
consultants % of completion. Service will be initiated upon receipt of contract and $5,000.00
retainer to be credited to final payment.
Exclusions
Our concept is confined to street elevation and is our suggestion considering building exterior
character, Owner's desire and Downtown Design Guidelines. If the Owner's desire is unrealistic
or in conflict with guidelines, we will consider Downtown Design Guidelines first. Though we will
endeavor to be sensitive to budget, we specifically exclude any representation that we have
investigated the building for any and all issues relating to structural soundness, code compliance
of existing structure, environmental issues and/or real property title and encroachment problems
or any other issues not readily discernible from casual view of street elevation.
City of Clearwater
By:
Print Name:
Title:
,
..
ACORD,," INSURANCE BINDER I OATE
03/10/05
THIS BINDER IS A TEMPORARY INSURANCE CONTRACT, SUBJECT TO THE CONDITIONS SHOWN ON THE REVERSE SIDE OF THIS FORM.
PRODUCER l~gN':OExtl: 813-289-5200 COMPANY I BINDER /I
I~NOI: 8132894561 XL Soecialty BINDER71680
Suncoast Insurance Associates DATE EFFEC:;TIVE TIME EXPIRATION
DATE I nME
P.O. Box 22668 03/03/05 !12: 01 ~ AM 04/03/05 ; X 12:01 AM
Tampa, FL 33622-2668 .'--1
PM I i NOON
[SUB CODE: THIS BINOER IS ISSUED TO EXTEND COVERAGE IN THE ABOVE NAMED COMPANY
CODE: : PER EXPIRING POLICY II:
AGENCY 2899 OESCRIPTION OF OPERATIONSNEHICLESlPROPERTY (InclUdIng Location)
CUSTOMER 10:
INSURED Wallis Murphey Boyington Professional Liability is written on a
Architects, Inc. claims made and reported basis.
Incorporated
110 South Kentucky Ave
Lakeland, FL 33801-5002 .
WALLMUR3
COVERAGES
TYPE OF INSURANCE COVERAGElFORIIS DEDUCTIBLE COINS % i AMOUNT
PROPERTY CAUSES OF LOSS i
-
- BASIC D BROAD D SPEC I
- I
I
!
GENERAL LIABILITY EACH OCCURRENCE S
f-- DAMAGE TO is
COMMERCIAL GENERAL LIABILITY
I CLAIMSMAOE D OCCUR MEO EXP (Anyone person) , S
- PERSONAL & ADV INJURY S
- GENERAL AGGREGATE $
RETRO DATE FOR CLAIMS MADE: PRODUCTS. COMPIOP AGG $
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT is
-
ANY AUTO BOOIL Y INJURY (Per person) IS
-
ALL OWNEO AUTOS BODILY INJURY (Per accident) $
-
~ SCHEDULED AUTOS PROPERTY DAMAGE $
- HIRED AUTOS MEDICAL PAYMENTS $
I-- NON-oWNED AUTOS PERSONAL INJURY PROT S
I-- UNINSUREO MOTORIST S
$
AUTO PHYSICAL DAMAGE DEDUCTIBLE o ALL VEHIClES U SCHEDULED VEHICLES ACTUAL CASH VALUE
R COLLISION: STATED AMOUNT $
OTHER THAN COL: OTHER
~RAGE LIABILITY AUTO ONLY. EA ACCIOENT $
I
ANY AUTO OTHER THAN AUTO ONLY:
-
EACH ACCIDENT $
AGGREGATE $
EXCESS LIABILITY EACH OCCURRENCE $
R UMBRELLA FORM AGGREGATE S
OTHER THAN UMBRELLA FORM RETRO DATE FOR CLAIMS MADE: SELF-INSUREO RETENTION S
we STATUTORY LIMITS
WORKER'S COMPENSATION E.L EACH ACCIDENT $
AND
EMPLOYER'S LIABILITY E_L DISEASE. EA EMPLOYEE $
E.L. DISEASE. POLICY LIMIT $
SPECIAL Limits:$l,OOO,OOO Each Claim/$l,OOO,OOO Ann Aggr FEES s
gWt~IONSI Deductible: $25,000. Retro Date: 10/01/1980. TAXES s
COVERAGES Dollar One Defense. EsnMATED TOTAL PREMIUM I $
LIMITS
NAME & ADDRESS
MORTGAGEE
LOSS PAYEE
LOANtI
ADDITIONAL INSURED
~D~RE~IO
ACORD 75 (2001/01) 1 of 2 # 1 0 8 95 NOTE: IMPORTANT STATE INFORMATION ON REVERSE SIDE KHK @ ACORO CORPORATION 1993
ATTACHMENT A
EXHIBIT "B"
CONDITIONS
This Company binds the kind(s) of insurance stipulated on the reverse side. The Insurance is subject to the
terms, conditions and limitations of the policy(ies) in current use by the Company.
This binder may be cancelled by the Insured by surrender of this binder or by written notice to the Company
stating when cancellation will be effective. This binder may be cancelled by the Company by notice to the
Insured in accordance with the policy conditions. This binder is cancelled when replaced by a policy. If this
binder is not replaced by a policy, the Company is entitled to charge a premium for the binder according to the
Rules and Rates in use by the Company.
Applicable in California
When this form is used to provide insurance in the amount of one million dollars ($1,000,000) or more, the title
of the form is changed from "Insurance Binder" to "Cover Note".
Applicable in Delaware
The mortgagee or Obligee of any mortgage or other instrument given for the purpose of creating a lien on real
property shall accept as evidence of insurance a written binder issued by an authorized insurer or its agent if
the binder includes or is accompanied by: the name and address of the borrower; the name and address of the
lender as loss payee; a description of the insured real property; a provision that the binder may not be canceled
within the term of the binder unless the lender and the insured borrower receive written notice of the cancel-
lation at least ten (10) days prior to the cancellation; except in the case of a renewal of a policy subsequent to
the closing of the loan, a paid receipt of the full amount of the applicable premium, and the amount of
insurance coverage.
Chapter 21 Title 25 Paragraph 2119
Applicable In Florida
Except for Auto Insurance coverage, no notice of cancellation or nonrenewal of a binder is required unless the
duration of the binder exceeds 60 days. For auto insurance, the insurer must give 5 days prior notice, unless
the binder is replaced by a policy or another binder in the same company.
Applicable in Nevada
Any person who refuses to accept a binder which provides coverage of less than $1,000,000.00 when proof is
required: (A) Shall be fined not more than $500.00, and (B) is liable to the party presenting the binder as proof
of insurance for actual damages sustained therefrom.
ACORD 75 (2001/01) 2 of 2
#10895