CONTRACT TO PREPARE A COMPREHENSIVE BOATING PLAN FOR DOWNTOWN CLEARWATERCONTRACT
THIS CONTRACT, entered into this I3 day of August, 2015, by and between the CITY OF
CLEARWATER, a Florida municipal corporation, hereinafter referred to as "City, " P.O. Box 4748,
Clearwater, Florida 33758 and (MOFFAT & NICHOL ), a (Florida) corporation, hereinafter referred to
as "(CONSULTANT)," 1509 W Swann Avenue, Tampa, Florida,
WHEREAS, the City is seeking professional planning services to prepare a comprehensive
boating plan for Downtown Clearwater. The Comprehensive Boating Plan will assist the city in
creating a new vision for the Downtown Core including the waterfront and existing Harbor Marina.
The overriding goal is to make the Downtown waterfront the region's boating capitol; and
WHEREAS, (CONSULTANT) agrees to provide a clear and actionable plan for the Clearwater
waterfront working closely with the City to develop a plan for the waterfront that meets the City goals
as stated in REQUEST FOR PROPOSALS Marine/Waterfront Master Plan Consulting Services #29-
15.
NOW THEREFORE, in consideration of the promises stated herein, the City and
(CONSULTANT) mutually agree as follows:
1. SCOPE OF PROJECT.
CONSULTANT agrees to provide consulting services to provide a Marine /Municipal Waterfront
Comprehensive Boating Plan for Downtown Clearwater under the terms and conditions set forth in
Request for Proposal (RFP) No. 29 -15, Marine /Master Plan Consulting Services, and
CONSULTANT'S response dated 8 April, 2015, and described in attached Exhibit A — Scope of Work.
2. TIME OF PERFORMANCE.
The initial Contract Term shall commence on 13 August 2015 and end 31 December, 2015. An
approximate timetable is attached within the scope culminating in a presentation before City Council
in early December 2015.
3. COMPENSATION.
The City will pay CONSULTANT a sum not to exceed $ 59,975 as described in attached Exhibit B —
Fee Schedule. The City may, from time to time, require changes in the scope of the project of
CONSULTANT to be performed hereunder. Such changes, including any increase or decrease in the
amount of CONSULTANT'S compensation and changes in the terms of this Contract which are
mutually agreed upon by and between City and CONSULTANT shall be effective when incorporated
in written amendment to this Contract.
4. METHOD OF PAYMENT.
CONSULTANT's invoices shall be submitted to the City for approval for payment on a Net 30 basis.
The City agrees to pay after approval under the terms of the Florida Prompt Payment Act F.S.
218.70. The City's performance and obligation to pay under this Contract is contingent upon an
annual appropriation of the City'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.
Moffat & Nichol
Jeffrey Malyszek, P.E
Vice President
1509 West Swann Avenue
Suite 225
Tampa, FL 33606
Ph: 813- 258 -8818
Fax: 813- 258 -8525
City of Clearwater
William D. Morris
Director, Marine & Aviation
25 Causeway Blvd.
Clearwater, Florida 33767
Ph: 727 - 462 -6954 ext.22
Fax: 727 - 462 -6957
6. TERMINATION OF CONTRACT.
Termination by the City is pursuant to RFP No.29 -15 Terms and Conditions.
7. INDEMNIFICATION AND INSURANCE.
CONSULTANT agrees to comply with all terms, provisions, and requirements contained in RFP No.
29 -15 Marine /Municipal Waterfront Master Plan Consulting Services, made a part hereof as if said
document were fully set forth at length herein.
8. PROPRIETARY MATERIALS.
Upon termination of this Contract, CONSULTANT shall transfer, assign and make available to City or
its representatives all property and materials in CONSULTANT's possession belonging to or paid for
by the City.
9. INTERESTS OF PARTIES.
CONSULTANT covenants that its officers, employees and shareholders have no interest and shall
not acquire any interest, direct or indirect, which would conflict in any manner or degree with the
performance and /or provision of services required under the terms and conditions of this Contract.
10. CONFORMANCE WITH LAWS.
CONSULTANT agrees 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.
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IN WITNESS WHEREOF, the parties hereto have executed this Contract as of the date set forth
above.
Assistant City Attorney
CITY OF CLEARWATER, FLORIDA
By: W' & ttle
William B. Horne II
City Manager
Attest:
It.t•Ve9,1,4
Rosemarie Call
City Clerk
MOFFATT & NICHOL
By:
'l /SHED
erey Mal
Vice President
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EXHIBIT "A"
STATEMENT OF SERVICES
Project Scope
A successful plan is derived from the community and will reflect their goals and values. A major
component of this phase is to listen to the people of Clearwater to understand the way the waterfront
currently operates while gathering concerns with the existing conditions and hear suggestions on
activities they would like to see. This would include the meetings with stakeholders, a review of
conditions, public outreach, data collection, and a marina market overview to be reported as one of
the projects deliverables along with others as outlined below:
1. Site Visit and Stakeholder workshop
a. The CONSULTANT team will conduct a Site Visit and Stakeholder workshop for Key
stakeholders to include but not limited to:
- City Council Members
- Planning and Development staff
- Local businesses and Commercial operators
- Marina Management
- Parks and Recreation
- Economic Development Office
2. Review, document and report Existing Conditions to include:
Conducting a Technical Inventory
a. Include boating related infrastructure such as docks, launch ramps as well as
attractions and amenities to include restaurants, grocery stores and marine supply
stores and other facilities sought by boaters. The location and capacity of each
component relative to the other components will be documented and evaluated for
placement within the overall waterfront proximity and transportation alternatives to
neighboring attractions.
b. Identify other existing boating communities comparable to the desired boating center
for Clearwater. Communities will be selected based on desirability as a boating
destination and size and demographics of the local population center. Possible Cities
to be considered are:
- Sarasota
- St. Petersburg
- Destin
- St. Augustine
- Charleston
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- Annapolis
c. Review the boating related infrastructure in the comparable communities and
summarize the components in a manner similar to the summary for Clearwater. The
identified communities will be listed in a matrix of existing infrastructure that will include
and facilitate comparison to downtown Clearwater's waterfront and proximate
amenities.
d. The matrix developed will be used to identify infrastructure that doesn't exist in
Clearwater that would activate the waterfront and elevate Clearwater Harbor to be a
major boating center. The team will also review the relative locations of the
components and develop graphics depicting these relationships.
3. Data Collection
The CONSULTANT team will review and analyze relevant background planning and design
studies and documents, including studies and reports completed by the City, aerials,
topographic surveys, utility surveys, historical information user analysis reports, relevant
agency regulations, feasibility studies, traffic reports, parking studies and any further
available information. The CONSULTANT will work with the City to contact County and
regional partners as needed to acquire available data. Review of the gathered and compiled
data will lead towards an understanding of the City's and the community's aspirations for the
waterfront, marina and surrounding areas.
Noted Exclusion - Data:
Additional field data collection in support of aquatic resource studies, water quality and other
environmental studies may be required for design and permitting and are not included in this
approach. This approach also assumes that existing conditions drawings and map data are
either publicly available or will be provided by the City. New Field topographic and
hydrographic surveys and map preparation necessary would be performed as additional
services if /as approved by the City
4. Public Participation /Consultation
Following the stakeholder meeting and preliminary data collection, the CONSULTANT will
lead a public participation and consultation effort. The CONSULTANT will communicate with
the public early in the process and provide ongoing contact, full transparency and timely
feedback. To best broaden perspectives and input the CONSULTANTs will engage the local
community through multiple means of outreach to provide:
a. Flexibility: given time limitations of many community residents the outreach will be
conducted with flexible means of participation to engage the greatest number of
participants.
b. Responsiveness: the consultation program will continually relate back to the
community. When and where feasible, consultation outcomes will be reported
immediately and the City's website and project site will keep the community informed
of what is happening at each step of the process.
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c. The CONSULTANT will conduct the following public consultation activities and
summarize the results in the final Comprehensive Boating Plan Report.
(1) The CONSULTANTs Activities will be:
One on one Stakeholder interviews
a. Held on -site or by phone where necessary
b. Develop strong "buy in" by clarifying the Cities Vision for the waterfront
c. Provide the City with preliminary ideas, interests and concerns of the local property
owners, community groups and associations
Public Open House /Workshop
a. Facilitate a Working session with members of the community
b. Utilize visual display boards and illustrations to identify key opportunities and
constraints
c. Feedback from the workshop will inform key "priority Directions" to be incorporated
into the Comprehensive Boating Plan.
Internet Outreach
a. Develop an online survey, utilize existing survey sites to conduct online
interviews. Surveys are to be publicized using handout flyers and the cities
available marketing outreach tools.
5. Conduct a Marina Market Overview
The CONSULTANT will review existing and projected marina market conditions to outline
waterside and landside development opportunities with an overriding goal to find the right mix
of facilities and activities that will lead boaters and tourists to visit Clearwater. In coordination
with the North Marina Basin Site previous high and dry studies, prior and present facilities and
projected plans, integration of compatible activities and facilities that compliment and augment
the activity along the immediate downtown waterfront. These studies will be presented and
reviewed. The resulting requirements for slips and mix will be considered.
6. Explore Opportunities and Challenges
The CONSULTANT shall analyze opportunities and challenges gleaned from the
technical inventory, comparison matrix including both hard and soft data compiled
from previous studies, neighbor and key staff input, like properties /municipalities and
known restrictions or environmental hurdles.
Areas of evaluation may include but are not limited to:
a. Land based access /traffic /parking
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b. Pedestrian and bicyclist use
c. Water access
d. Enhanced Views and View corridor alignment
e. Public transportation, Compatible uses
f. Property ownership
g. Available dockage
h. Dry stack storage / potential storage options
i. Boat ramp usage
j. Restaurants and accommodations
k. Fuel Locations
I. Commercial Boating Locations
Within the overall waterfront evaluate options for existing vs. necessary components of a "major
boating center" and the locations of these facilities within the overall waterfront.
7. Comprehensive Boating Plan Development
The CONSULTANT will develop concepts for consideration and evaluation of the following:
a. Enhancement of existing Marina Facilities and nearby access areas
b. Best uses for the area
c. Enhanced publicly accessible open space elements
d. Use and access scenarios' with consideration of potential impacts on surrounding
neighborhoods
e. Potential reuse or reprogramming of existing facilities
f. Transportation alternatives with regards to pedestrian /boaters /bicycles
g. The Clearwater Downtown Development Plan
h. Opportunities to enhance downtown activity via improved water access
i. Stewardship of the marine environment
Noted Exclusion - Field Investigations:
Field Investigations (e.g. geotechnical, bathymetric survey, etc. and detailed analysis of non
marine markets (e.g. retail, commercial, residential, etc) are not included in this scope of work.
In addition, a detailed study of downtown traffic is not included in this scope of work.
Comprehensive Boating Center concepts will be based on existing available data. Purchase of
Hydrodynamic or meteorological data is not included in this project approach.
8. Plan Illustrations
Graphics and illustrations are key to effective communication and community engagement and
are expected to be used to help drive discussion and communicate well- supported solutions as
well as effective presentations.
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The Visual images compiled and refined as the study unfolds are desired to make the most
effective and powerful presentation possible. The proposed plans to use a variety of
visualization techniques and graphics software available, including but not limited to Adobe
Illustrator, In Desiqn, Photoshop, Auto Cad, Sketch Up, and MS PowerPoint to provide a
dynamic and interactive process for the communicating and presenting a Comprehensive
Boating Plan that is easily visualized as well as having the tools to overlay or present variations
and alternatives as driven by the data, public and stakeholder input with due regard to the
overall restrictions that encumber certain boundaries be they water depth, pelagic and benthic
organisms, or regulatory restrictions. These hurdles present their own challenges. Visual
images along with cost data and overlaid options or timelines help frame the best short term
and long term effective means to move forward to the ultimate goal of being a major boating
center.
9. Costing of Alternatives
The CONSULTANT will develop order of magnitude costs to develop the elements identified in
the Comprehensive Boating Plan. The CONSULTANT will prepare planning level models to
appraise the potential design and construction costs of each element under consideration,
Estimates will be based on parametric unit costs and stated assumptions.
10. Regulatory Review:
The CONSULTANT will provide initial review of regulatory processes and typical concerns to
inform the feasibility of planned elements. Initial agency consideration will include:
o US Army Corps of CONSULTANTs
o Florida Department of Environmental Protection
o Pinellas County Water and Navigation Control Authority
11. Deliverables:
a.Stakeholder meeting summary
b.Technical inventory summary and matrix
c. Public Meetings outcomes including exhibits and displays as necessary
d. Public comment card /questionnaire results
e. Marina Market overview of like and local area marinas
f. Site Summary review
g.Opportunities and Constraints Analysis
h. Facility Location Sketches
i. Comprehensive boating plan concepts
j. Summary of regulatory considerations
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Project Schedule
The following is the anticipated schedule:
Task /Month
July
August
I September
I October
November
December
Site Visit and Stakeholder worshop
X
starts 1 -2 weeks after NTProceed
Existing Conditions review /document
X
X
Data Collection
X
X
Public Particpation /Communication
X
X
Online Engagement
X
X
Conduct a Market Overview
X
X
Develop Opportunities and Challenges
X
X
X
Comprehensive Boating Plan Development
X
X
Develop Plan Illustrations
X
X
Compile Costing Alternatives
X
X
Regulatory Review
X
City Council Work Session /Meeting
X
*Open House around Labor Day
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EXHIBIT "B"
COMPENSATION AND PAYMENT
Team Mem
Page 10 of 10
Bob
Nathan
Mark
Pirrello
Mike
Herrman
Chris
Anuskiewicz
Michael
English
- - --
Angelo
Rao
Gabriel
Perdomo
M &N
Designer
QA/QC
Marina
Planning
Project
Manager
Urban Design
Urban
Planning
Complete
Streets
Marine
Resources
CADD
$225.00
$180.00
$155.00
$100.00
$160.00
$160.00
$135.00
$100.00
Phase 1 - Understand
Site Visit &
Stakeholder
Meeting
4
2
4
$1,480.00
Data Collection
4
4
16
16
$5,020.00
Public
Participation/
Consultation
12
12
2
2
12
$5,320.00
Existing
Conditions
Review
16
4
2
8
20
$7,800.00
Marina Market
Overview
16
$2,480.00
Phase 1
Subtotal
$22,100.00
Phase 2 - Explore
Waterfront
Coordination
2
10
4
1
4
8
$3,910.00
North Area
2
20
32
1
8
8
$8,900.00
Public
Participation/
Consultation
2
10
4
1
4
8
$3,910.00
City Meeting
4
4
1
4
$1,820.00
Costing
1
4
4
4
$1,735.00
Phase 2
Subtotal
$20,275.00
Phase 3 - Decide
Draft Report
1
1
34
32
$8,875.00
Public
Presentation
8
16
$2,840.00
Presentation to
Council
4
8
2
2
$2,060.00
Final Report
1
12
4
2
2
$3,125.00
Phase 3
Subtotal
$16,900.00
Total Hours
(each)
2
23
143
120
12
44
56
40
$59,275.00
Expenses
(printing)
$700.00
Grand Total
$59.975.00
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