AGREEMENT FOR PROFESSIONAL SERVICES - MUNICIPAL MARINA
AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement is made and entered into this ~ day of Aueust, 2008 by and between FLORIDA
DESIGN CONSULTANTS, INC. (FDC), 3030 Starkey Boulevard, New Port Richey, FL 34655 (727) 849-7588
Fax: (727) 848-3648 and Citv of Clearwater. Citv Hall. 112 South Osceola Avenue. Clearwater. FL 33756.
Phone: (727)562-4010. Fax: (727)562-4021 ("CLIENT") on the terms and conditions listed below and Page 2 of2
of this Agreement for Professional Services.
PROJECT NAME Municipal Marina. Citv of Clearwater. Florida Determination of Upland Ownership
FDC Project No. TBD
FDC Agreement No. 08-352
Name and Address of Record Owner of Property (if not CLIENT):
Legal Description of Property: Lots 13.12.11 and 10 and Water Lot 1 CITY PARK Subdivision as recorded
in Plat Book 23. Pae:e 37 of the Public Records of Pin ell as Countv. Florida
Section 8 Township 29 East Range 15 South
Description of Services to be Performed: Task .0900 - BOUNDARY EXHIBIT - Review and evaluate
historical information provided bv the Citv of Clearwater of the submere:ed and upland portions ofpropertv
in the area of the Citv's Municipal Marina. The e:oal is to delineate the line between the submere:ed lands and
the upland. Specifically. prepare an exhibit based upon the historic information provided to delineate the
location of the upland and submere:ed lands as they relate to the 1925 Special Act of the lee:islature e:rantine:
certain lands to the Citv of Clearwater. House Bill 1585 amendine: the 1925 Special Act. and platted lands in
the area of the Citv Marina. FDC will provide a color aerial exhibit which will depict boundaries of pertinent
lee:al descriptions and/or plats. maps. etc.. in order to delineate the line between submere:ed lands and the
upland at the Citv Municipal Marina.
I. FEE:
The fee for providing the requested service shall be: (A)D (BtI (C) D
(A) A Lump Sum Charge of
(B) An Upset Limit Amount of $2.000.00*
(C) A Time and Material Charge utilizing current hourly rates (attached).
*Not to be exceeded without additional authorization. This serves as a budget
fee only as the exact scope and fee cannot be determined at this time.
Please see attached Hourly Rate Schedule for fees.
Note: Hourly rates outlined in this Agreement are subject to change on January 1 st of each year.
In addition, the CLIENT will be responsible for out-of-pocket expenses attributable to the project, which will be
charged at cost plus a 15% administrative charge. Typical out-of-pocket expenses include travel, long distance
toll calls, printing and reproduction costs, permit and processing fees, costs associated with outside consultants
and other similar costs.
CLIENT: C TY OF CLEARWATER
SIGNED:
SIGNED:
TYPED NAME: Pam Akin
TYPED NAME: Robert C. Wright, Jr., PLS
TITLE: City Attorney
DATE: ~ - \'5~ (J ~
TITLE: Executive Vice President
:es - L:\rWright\City ofClearwater\08-352.doc
DATE:
Page 10f2
8-~-ot
PROVISIONS
1. ACCEPTANCE:
Execution of this Agreement indicates that the
CLIENT understands and agrees that payment for the
services outlined in this Agreement will be made
within thirty (30) calendar days from the invoice date
for any portion of the work. If payment is not made
in this manner, the CLIENT understands and agrees
that, at the sole discretion of FDC, work covered in
this Agreement may cease. The CLIENT hereby
agrees that invoices not paid after they have been
outstanding for thirty (30) calendar days shall accrue
interest at 1-1/2% per month, and the CLIENT agrees
to pay all collection costs, including reasonable
attorneys' fees, whether legal action is brought or not.
2. AUTHORIZATION TO PROCEED:
Unless stated otherwise in the Agreement, CLIENTS
execution of this Agreement will constitute
authorization for FDC to proceed with the work.
3. LIMITS OF LIABILITY:
FDC's liability for damages to the CLIENT shall not
exceed;to the maximum extent permitted by law, the
compensation received by FDC in accordance with
this Agreement. The limitations of liability and
indemnities apply whether liability arises due to
breach of contract or warranty; tort, including
negligence, statutory liability, or any other cause of
action. This limit shall. apply to the officers and
employees of FDC as well as its subcontractors. The
CLIENT may, at its discretion, upon payment of an
additional fee, have FDC's maximum liability amount
increased.
4. THIRD PARTY BENEFICIARIES:
This Agreement gives no rights, benefits, etc. to
anyone other than the CLIENT and FDC and both
parties agree that there are no third party
beneficiaries.
Page 2 of2
5. INTERPRETATION:
This Agreement shall be governed by the laws of the
State of Florida. Any litigation arising out of this
Agreement shall vest in Pasco County, Florida.
6. CLIENT SUPPLIED INFORMATION:
The Client understands and agrees that unless stated
otherwise within this Agreement, all information,
plans, reports, data, etc. provided by the CLIENT or
the CLIENT'S consultants, agents, etc. will be relied
upon by FDC as being correct and accurate. FDC will
not be held responsible for errors, corrections, re-
work, etc. that may be required as a result of FDC's
reliance upon these documents.
7. SEVERABILITY AND SURVIVAL:
In the event that any provisions of this Agreement are
found to be invalid, illegal or unenforceable, the
enforceability of all remaining provisions shall not be
thereby impaired. Termination of this Agreement,
regardless of the cause, shall have no effect on the
limitation of liability or indemnities outlined in this
Agreement.
8. OWNERSlDP OF DOCUMENTS:
Any plans, reports or other documents prepared by
FDC as a result of this Agreement are the property of
FDC. The CLIENT can obtain paper copies of any
documents by paying the appropriate copying costs.
9. ASSIGNABILITY:
This Agreement is not assignable by the CLIENT
without the written authorization of FDC.
10. FDC SIGN:
The Client will allow FDC to place a sign on the
property showing the address and phone number of
the FDC office. The sign can remain on the site
through the construction process.
HOURLY RATES
FLORIDA DESIGN CONSULTANTS, INC.
CLASSIFICA nON
BILLABLE RATE
$ 165.00
Principal
Survey
Director of Survey
Survey Project Manager
Project Surveyor
4-Man Survey Crew
3-Man Survey Crew
2-Man Survey Crew
4- Man GPS Crew
3- Man GPS Crew
2- Man GPS Crew
$ 120.00
$ 105.00
$ 84.00
$ 145.00
$ 130.00
$ 115.00
$ 155.00
$ 140.00
$ 120.00
** Rates in effect through 12/31/08 **
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