HomeMy WebLinkAboutBoyle Engineering Corporation-1987 01 12 Y.,17? -24
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FILL Uur
AGREEMENT FOR
PROFESSIONAL ENGINEERING SERVICES
BETWEEN THE CITY OF WINTER SPRINGS, FLORIDA
AND BOYLE ENGINEERING CORPORATION
Concerning
DEVELOPMENT OF A COMPUTERIZED
MAPPING SYSTEM OF THE CITY
Revised 12 Jan 1987
TABLE OF CONTENTS
AGREEMENT 1
SECTION 1 - BASIC SERVICES OF THE ENGINEER 2
1.1 General and Fee 2
1.2 Objectives 2
1.3 Approach 2
1.4 Deliverables 2
1.5 Scope of Work 3
SECTION 2 - ADDITIONAL SERVICES OF ENGINEER 6
2.1 General 6
SECTION 3 - OWNER'S RESPONSIBILITIES 8
'SECTION 4 - PERIOD OF SERVICE 9
4.1 Term of Agreement 9
4.2 Specific Authorization 9
4.3 Orderly and Continuous Progress 9
SECTION 5 - PAYMENTS TO ENGINEER 10
5.1 Methods of Compensation 10
5.2 Special Consultants 11
5.3 Reimbursable Expenses 11
5.4 Computer Services 11
5.5 Payments by OWNER 11
5.6 Late Payment 11
5.7 Overtime 12
5.8 Taxes 12
SECTION 6 - GENERAL CONSIDERATIONS 1 13
6.1 Termination 13
6.2 Reuse of Documents 13
6.3 Controlling Law 13
6.4 Successors and Assigns 13
6.5 Notices 14
6.6 Remedies: Attorneys' Fees and Costs 14
6.7 Conflicts of Interest 14
6.8 Arbitration 14
6.9 Liability and Insurance 15
6.10 Cost Estimating 15
6.11 Care and Skill 15
6.12 Licenses 15
6.13 ENGINEER Not Agent of OWNER 15
6.14 Amendment 15
6.15 Accounting Records 16
6.16 Not Used 16
6.17 Not Used 16
6.18 Specific Consideration 16
6.19 Validity 16
6.20 Headings 16
6.21 Entire Agreement 16
SIGNATURES 17
AGREEMENT
THIS AGREEMENT, made this day of 1987, by and
between the City of Winter Springs, Florida, (hereinafter called
"OWNER ") and BOYLE ENGINEERING CORPORATION, a California corpora-
tion (hereinafter called "ENGINEER ") with a regional office
located at 320 East South Street, Orlando, Florida 32801.
WHEREAS, the OWNER has advertised for professional engineer-
ing services which will consist of developing a computerized map-
ping system for the City of Winter Springs, Florida and imple-
menting the system in multiple phases.
WHEREAS, pursuant to Section 287.055 Florida Statutes, and
the applicable procedures of the OWNER, the OWNER selected the
ENGINEER to provide said professional engineering services and
related land surveying services.
WHEREAS, the ENGINEER is willing and able to perform such
professional services for the OWNER within the basic terms and
conditions hereinafter set forth.
WHEREAS, the purpose of this AGREEMENT is to authorize Phase
One of the project and to set forth certain terms and conditions
which may be incorporated into subsequent "Specific Authoriza-
tions" for specific additional phases, projects or services when
required; and
NOW THEREFORE in consideration of the premises and mutual
covenants herein contained, it is hereby agreed that the ENGINEER
shall serve as the OWNER's professional engineering representa-
tive for those assignments to which this agreement applies, and
will give consultation and advice to the OWNER during the perfor-
mance of his services on the terms and conditions hereinafter set
forth.
OWNER shall, from time to time at its sole discretion, au-
thorize ENGINEER in writing to provide professional services un-
der the terms of this AGREEMENT. Said authorization will be re-
ferred to herein as "Specific Authorization ". Each Specific
Authorization will, by mutual agreement, set forth (1) the scope
of services, (2) the time of performance, (3) method and amount
of compensation, and (4) the provisions of Sections 1 and 2 of
this AGREEMENT which are applicable. The provisions in Sections
3 thru 6 of this AGREEMENT will apply to each and every Specific
Authorization unless otherwise agreed to in writing.
1
•
SECTION 1
BASIC SERVICES OF THE ENGINEER
(PHASE I)
1.1 General and Fee
1.1.1 ENGINEER shall perform Basic Services in Phase I
as described in this Section and in Exhibit A for a lump sum fee
of $77,691.00. This lump sum fee includes the cost of special
consultants, reimbursable expenses and computer services all as
defined in Section 5. Additional services may be authorized by
Owner from time to time as set forth herein.
1.2 Objectives
1.2.1 Develop a systematic approach for the implementa-
tion of a computerized mapping and integrated computerized
,database.
1.2.2 Perform a city -wide control survey to establish
required horizontal and vertical controls for aerial
photogrammetric map compilation.
1.2.3 Prepare a pilot program to create a sample map
which will be reviewed with the City staff to further refine the
proposed approach for the City mapping.
1.2.4 Develop a series of City maps which display City
boundaries, Right -of -Ways for existing streets, Block Boundaries
and Names, and Zoning information.
1.3 Approach
The mapping project will be logically executed in six task groups
as follows:
Task Group 100 - Information collection and Preliminary
System Design
Task Group 200 - Control Surveys for Aerial Mapping
Task Group 300 - Aerial Photography
Task Group 400 - CADD Start Up and Mobilization
Task Group 500 - Existing Roadway Right -of -Way Determination
Task Group 600 - Map Production
1.4 Deliverables
The following deliverable items will be produced in each task
group as follows:
1.4.1 Task Group 100 - A list of additional map products
which will be available when Phase I is completed.
1.4,2 Task Group 400 - A sample map of a portion of the
city to be reviewed. This sample map will include the following
items:
a. Right -of -Way Lines
b. Street Names
c. Block boundaries, numbers and names
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1.4.3 Task Group 500 - A list of platted areas within
the City Limits including their respective plat book and page
numbers.
1.4.4 Task Group 600 - A series of approximately eight
30 "x42" ink on mylar maps at 1" = 400 ft scale showing the
following information:
a. Right -of -Way Lines for existing streets
b. Street Names
c. Block numbers and/or names
NOTE: Maps produced will contain a custom border as well as
appropriate Legend and Key map information.
1.4.5 Task Group 600 - Magnetic Tape of Data Base Files
- a magnetic tape containing a digital copy of all final maps
produced on CADD system.
1.5 Scope of Work
1.5.1 Task Group 100 - CADD Mapping Technical Criteria
110 - Complete the planning of the project with
City staff to refine map standards regarding
finished product size, scale, line weights,
and symbology.
120 - Evaluate system requirements to plan custom
menus and cell libraries.
130 - Define CADD mapping products which shall be
produced.
140 - Report findings to client regarding prelimi-
nary symbology standards, product size and
scale, and map source materials.
1.5.2 Task Group 200 - Control Surveys for Aerials
210 - Prepare project setup for field crew work
schedules and preliminary planning for ground
control calculations.
220 - Paint Aerial Control Targets, on approximate
one mile North -South by two mile East -West
intervals, to create a mapping control grid
which will tie the aerial photo to actual
ground locations.
230 - Traverse main control loops to establish
horizontal control for the mapping grid.
240 - Tie grid targets to the traverse loops to
establish state plane coordinates for the
remaining map control targets.
250 - Reference traverse points to local landmarks
to have the ability to relocate a specific
control point in the event that it is lost.
260 - Run main bench loops from existing Seminole
County benchmarks to establish vertical con-
trol for the mapping grid.
3
270 - Tie grid targets to the bench loops to estab-
lish vertical elevations for the remaining
map control targets.
1.5.3 Task Group 300 - Aerial Photography
(By Subcontract)
310 - Obtain aerial photographs of the City
suitable for mapping to National Map Accuracy
Standards at map scale of 1" = 200' and a
contour interval of 2 feet.
320 - Aerial triangulate the photographic negatives
to correct for distortion in the photographs.
330 - Stereodigitize to compile road edges and
topographic contours into a computerized base
map.
340 - Perform a Quality Control (QC) spot check of
the stereodigitized roadways and contours.
1.5.4 Task Group 400 - CADD Start -Up - Mobilization
410 - Generate custom menus specifically for the
Winter Springs mapping project. These menus
will standardize the symbology used through-
out the mapping project in order to provide a
consistent, quality final product.
420 - Define control points on the maps and digi-
tized into the computer. These control
points allow the CADD operators to digitize
additional information into the City map in
its proper location.
430 - Create a custom border sheet, legend and key
map for the City's maps.
440 - Generate and plot one test map showing one -
eighth of a section.
450 - Review test map with the client, and discuss
modifications in mapping symbologies to tai-
lor the map to the City's needs.
1.5.5 Task Group 500 - Right -of -Way Determination
510 - Locate and cataloge plat maps for existing
developments within the City limits. City
will obtain copies of all plats within City.
520 - Determine roadway right -of -way widths from
the plat maps for existing roadways within
the City limits.
1.5.6 Task Group 600 - Map Productions
605 - Digitize the current City boundary onto the
maps. City will provide legal description of
City boundary.
610 - Enter roadway right -of -way lines onto the
maps with the widths determined in Task 520.
615 - Place street names within the right -of -ways
for existing roadways within the City limits.
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620 - Digitize remaining block boundaries that do
not lie on right -of -way lines onto the maps.
630 - Digitize the City's current zoning informa-
tion onto the map. Code specific zoning
classifications for every reference. City
will provide existing zoning maps.
635 - Plot a set of maps on paper for preliminary
review.
640 - Perform a Quality Control (QC) check on the
maps produced in Task 635.
645 - Make required corrections to the maps prior
to final plotting.
650 - Plot final maps with ink on mylar.
655 - Deliver and review the final maps with the
client. Provide magnetic tape of maps
produced on CADD system.
•
5
SECTION 2
ADDITIONAL SERVICES OF ENGINEER
2.1 General
If requested by OWNER and agreed to in a Specific Authorization,
ENGINEER will furnish or obtain from others Additional Services
(services other than those set forth in Section 1) which may
include but are not necessarily limited to, the following:
2.1.1 Preparation of applications and supporting docu-
ments for governmental grants, loans or advances in connection
with the Project;
2.1.2 Services to make measured drawings of or to inves-
tigate existing conditions or facilities, or to verify the accu-
racy of drawings or other information furnished by OWNER.
2.1.3 Services resulting from significant changes in ex-
tent of the Project including, but not limited to changes in
size, complexity, OWNER's schedule, or method of financing; and
revising previously accepted studies, reports, documents or
Contract Documents when such revisions are required by changes in
laws, rules, regulations, ordinances, codes, or orders enacted
subsequent to the preparation of such studies, reports or docu-
ments, or are due to any other causes beyond ENGINEER's control.
2.1.4 Providing maps or other drawings using CADD
equipment or conventional drafting methods.
2.1.5 Developing, implementing, or using computerized
databases for graphic or non - graphic information.
2.1.6 Providing training assistance to OWNER in
connection with use of graphic or non - graphic databaes.
2.1.7 Providing training assistance to OWNER in
connection with use of CADD or other computer equipment.
2.1.8 Providing computer or CADD equipment for use by
OWNER.
2.1.9 Providing any type of property surveys or field
surveys.
2.1.10 Services in connection with changes required by
OWNER if the resulting change in compensation for Basic Services
is not commensurate with the additional services rendered; ser-
vices resulting from significant delays, changes or price
increases occurring as a direct or indirect result of material,
equipment or energy shortages; and services in connection with
bid protests, rebidding or renegotiating contracts for materials,
equipment or services.
2.1.11 Services during out -of -town travel required of
ENGINEER other than travel within Orange and Seminole Counties.
2.1.14 Preparation of operating and maintenance manuals;
protracted or extensive assistance in the utilization of any
equipment or system (such as initial start -up, testing, adjusting
and balancing); and training personnel for operation and mainte-
nance.
2.1.15 Not Used.
2.1.16 Preparing to serve or serving as a consultant or
witness for OWNER in any litigation, arbitration, public hearing
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or other legal or administrative proceeding involving the Project
or the maps or other documents resulting from the Project.
2.1.17 Assistance in the preparation of ordinances.
2.1.18 Assistance in the preparation of agreements
between the OWNER and others (including, but not limited to,
other units of government, developers, districts and authorities
and special legislative acts.)
2.1.19 Special studies, reports, investigations or analy-
ses.
2.1.20 Additional services in connection with the Pro-
ject, including services normally furnished by OWNER and services
not otherwise provided for in this AGREEMENT.
7
SECTION 3
OWNER'S RESPONSIBILITIES
OWNER shall:
3.1 Provide all criteria and full information as to OWNER's re-
quirements for the Project, including objectives and constraints,
performance requirements, and any budgetary limitations; and fur-
nish copies of all standards which OWNER will require to be
included in the Project.
3.2 Assist ENGINEER by placing at his disposal all available in-
formation pertinent to the Project including previous reports and
any other data relative to the Project.
3.3 Furnish to ENGINEER, as required for performance of
ENGINEER's Services (except to the extent provided otherwise in
the Specific Authorization to accomplish such work), data pre -
. pared by or services of others, including without limitation
hydrographic surveys, property, boundary, easement, right -of -way,
topographic and utility surveys; property descriptions; zoning,
deed and other land use restriction; and other special data or
consultations not covered in Section 1; all of which ENGINEER may
use and rely upon in performing his services.
3.4 Arrange for access to and make all provisions for ENGINEER
to enter upon public and private property as required for
ENGINEER to perform his services.
3.5 Examine all studies, reports, sketches, Drawings, Specifica-
tions, proposals and other documents presented by ENGINEER, ob-
tain advice of an attorney, insurance counselor and other consul-
tants as OWNER deems appropriate for such examination and render,
in writing, decisions pertaining thereto within a reasonable time
so as not to delay the services of ENGINEER.
3.6 Furnish approvals and permits from all governmental authori-
ties having jurisdiction over the Project and such approvals and
consents from others as may be necessary for completion of the
Project.
3.7 Provide such accounting, independent cost estimating, and ,
insurance counselling services as may be required for the Pro-
ject, such legal services as OWNER may require or ENGINEER may
reasonably request with regard to legal issues pertaining to the
Project.
3.8 Designate, in writing, a person to act as OWNER'S represen-
tative with respect to the services to be rendered under this
AGREEMENT if that representative is to be other than the
Richard Rozansky, City Manager . Such person shall have com-
plete authority to transmit instructions, receive information,
interpret and define OWNER'S policies and decisions with respect
to ENGINEER'S services.
3.9 Give prompt written notice to ENGINEER whenever OWNER ob-
serves or otherwise becomes aware of any development that affects
the scope or timing of ENGINEER'S services, or any defect in the
work of ENGINEER or others participating in the Project.
3.10 Furnish, or direct ENGINEER to provide, necessary Addi-
tional Services as stipulated in Section 2 of this AGREEMENT or
other services as required.
3.11 Bear all costs incident to compliance with the requirements
of this Section 3.
8
SECTION 4
PERIOD OF SERVICE
4.1 Term of Agreement
This AGREEMENT shall continue in full force until terminated by
mutual agreement of the parties or until terminated in accordance
with SECTION 6.
4.2 Specific Authorization
Each Specific Authorization shall specify the Period of Service
agreed to by OWNER and ENGINEER for services to be rendered under
said Specific Authorization.
4.3 Orderly and Continuous Progress
The provisions of this AGREEMENT and each Specific Authorization
(unless stated otherwise) anticipate the orderly and continuous
progress of the Project(s). If specific dates or specific per -
iods of time for performance are exceeded through no fault of
ENGINEER, all rates, measures, and amounts of compensation shall
be subject to equitable adjustment.
9
SECTION 5
PAYMENTS TO ENGINEER
5.1 Methods of Compensation
Within each Specific Authorization the OWNER and ENGINEER may
agree on, but not be limited to, one of the following methods of
compensation. If a different method of compensation is to be
used, the Specific Authorization will set forth the basis for
such compensation.
5.1.1 Standard Hourly Rates Method
OWNER shall pay ENGINEER for services rendered an amount based on
ENGINEER'S current Standard Hourly Rates for services rendered by
principals and employees assigned to the Project, plus Reim-
bursable Expenses, plus Standard Rates for Computer Services,
plus Special Consultants. ENGINEER will invoice OWNER monthly.
ENGINEER'S Standard Hourly Rates and Standard Rates for Computer
Services will be furnished with each Specific Authorization. The
rates contained therein shall apply until a more current schedule
is published by the ENGINEER. The more current schedule will be
sent to OWNER and shall automatically become effective on the
date of the more current schedule.
5.1.2 Lump Sum Method
For services rendered the OWNER shall pay the ENGINEER a lump sum
fee including or excluding Reimbursable Expenses, Computer Ser-
vices, and Special Consultants as mutually agreed upon and set
forth in the Specific Authorization. ENGINEER will invoice OWNER
monthly based upon ENGINEER's estimate of the portion of the to-
tal services actually completed at the time of billing.
5.1.3 Wage Cost Multiplier Method
For services rendered the OWNER shall pay the ENGINEER an amount
based on the direct salaries and wages times a factor of 2.95
for services rendered by principals and employees assigned to the
Project, plus Reimbursable Expenses, plus Computer Services, plus
the costs of Special Consultants, all as defined herein.
Direct salaries and wages mean salaries and wages paid to person-
nel engaged directly on the project which do not include indirect
payroll related costs, fringe benefits, or bonuses. ENGINEER
will invoice OWNER monthly.
5.1.4 Payroll Costs Methods
For services rendered the OWNER shall pay the ENGINEER an amount
based on the ENGINEER'S Payroll Costs times a factor of 2.20
for services rendered by principals and employees assigned to the
Project, plus Reimbursable Expenses, plus Computer Services, plus
Special Consultants, all as defined herein. The "Payroll Costs"
used as a basis for payment mean salaries and wages paid to all
personnel engaged directly on the Project, including, but not
limited to, engineers, architects, surveyors, designers,
draftsmen, specification writers, estimators, other technical
personnel, stenographers, typists and clerks; plus the cost of
direct payroll overhead including, but not limited to, social
security contributions, unemployment, excise and payroll taxes,
workers' compensation, health and retirement benefits, sick
leave, bonus, vacation and holiday pay applicable thereto. The
amount of customary and statutory benefits of all personnel will
be considered equal to 35.0 % of salaries and wages.
10
5.2 Special Consultants
For services and reimbursable expenses of Special Consultants em-
ployed by the ENGINEER to render Additional Services, the OWNER
will be invoiced the amount billed to ENGINEER thereof times a
factor of 1.1, unless otherwise set forth in the Specific Autho-
rization. Special Consultants include, but are not limited to:
aerial photogrammetrists; surveyors; laboratory testing; soils
investigations, testing, and geotechnical engineering; and other
services of a similar nature.
5.3 Reimbursable Expenses
Reimbursable Expenses means the actual expenses incurred in con-
nection with the Project for: Transportation and subsistence in-
cidental thereto; obtaining bids or proposals from Contrac-
tor(s); furnishing and maintaining field office facilities; sub-
sistence and transportation of Resident Project Representatives
and their assistants; toll telephone calls and telegrams; repro-
duction of reports, Drawings, Specifications, and similar
project- related items; and other expenses of a similar nature.
Owner will be invoiced the amount billed to ENGINEER times a
factor of 1.1 , unless otherwise set forth in the Specific
Authorization.
5.4 Computer Services
For Computer Services and Computer Aided Design and Drafting
(CADD) services rendered, the OWNER will be invoiced in accor-
dance with ENGINEER's current Standard Rates for Computer Ser-
vices, unless otherwise set forth in the Specific Autho-
rization.
5.5 Payments by OWNER
Monthly invoices shall be paid by OWNER within thirty (30) days
of its receipt thereof unless, within such thirty (30) day
period, OWNER notifies ENGINEER in writing of its objection to
the amount of such invoices, together with OWNER's deter-
mination of the proper amount of such invoice. Such notice shall
be accompanied by OWNER's payment of any undisputed portion of
such monthly invoices. If OWNER shall give such notice to
ENGINEER within such thirty (30) day period, such dispute over
the proper amount of such invoice statement shall be resolved,
and after final resolution of such dispute, OWNER shall promptly
pay ENGINEER the amount so determined, less any amounts previ-
ously paid by OWNER with respect to such monthly invoice. In the
event it is determined that the OWNER has overpaid such monthly
invoice, ENGINEER shall promptly refund to OWNER the amount of
such overpayment.
5.6 Late Payment
If OWNER fails to make any payment due ENGINEER for services and
expenses within thirty (30) days after receipt of ENGINEER's in-
voice therefore, ENGINEER may, after giving seven (7) days'
written notice to OWNER, suspend services under this AGREEMENT
until he has been paid in full all amounts -due him for services
and expenses.
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5.7 Overtime
Overtime premium will be paid by the OWNER only if authorized in
advance for work to be performed to meet a particular deadline
for which there is insufficient time to accomplish the task dur-
ing normal hours, through no fault of the ENGINEER. If overtime
premium is authorized by OWNER, it shall be defined as standard
hourly rates times 1.5 for all those overtime hours worked.
5.8 Taxes
Owner shall pay all applicable sales taxes or gross receipt taxes
or provide to ENGINEER the appropriate tax exemption number.
12
SECTION 6
GENERAL CONSIDERATIONS
6.1 Termination
The obligation to provide further services under this AGREEMENT
may be terminated by either party upon fourteen days' written no-
tice in the event of substantial failure by the other party to
perform in accordance with the terms hereof through no fault of
the terminating party. In the event all or any portion of the
work prepared or partially prepared by ENGINEER is suspended,
abandoned, or terminated, the OWNER shall pay ENGINEER for the
work performed on an hourly basis, not to exceed any maximum con-
tract amount specified herein. ENGINEER shall then deliver to
OWNER all partially or fully completed deliverables set forth in
Section 1 or the applicable Specific Authorization.
6.2 Reuse of Documents
All documents including maps, drawings, reports and specifica-
tions prepared by ENGINEER pursuant to this AGREEMENT are instru-
ments of service in respect of the Project. They are not
intended or represented to be suitable for use or reuse by OWNER
or by others without limitations. Maps are to be prepared by
ENGINEER using aerial photogrammetry and field surveys. In addi-
tion, some maps may also incorporate other sources of information
prepared by others such as record plats, surveys, right -of -way
maps, tax maps, construction plans, and other records, all here-
inafter referred to as historical records. The ENGINEER will not
be required to verify the accuracy of said historical records,
and OWNER agrees that ENGINEER is not responsible for the
accuracy of maps which incorporate said historical records.
OWNER understands and agrees that, unless otherwise specified in
a Specific Authorization, the maps produced by ENGINEER are for
planning purposes and are not to be used as the basis' of any con-
struction without complete and independent verification. Maps
shall contain a warning statement as to appropriate use and a
requirement that any use for purposes other than the intended use
of the map will be at the user's sole risk and that said user
shall indemnify, defend, and hold the OWNER and ENGINEER harmless
from all claims, damages, losses, and expenses including attor-
neys' fees arising out of or resulting therefrom. Any such veri-
fication or adaption by ENGINEER will entitle ENGINEER to further
compensation at rates to be agreed upon by OWNER and ENGINEER.
6.3 Controlling Law
This AGREEMENT is to be governed by the law of the State of
Florida.
6.4 Successors and Assigns
6.4.1 OWNER and ENGINEER each binds himself and his
partners, successors, executors, administrators, assigns and le-
gal representatives to the other party to this AGREEMENT and to
the partners, successors, executors, administrators, assigns and
legal representatives of such other party, in respect to all
covenants, agreements and obligations of this AGREEMENT.
6.4.2 Neither OWNER nor ENGINEER shall assign, sublet or
transfer any rights under or interest in (including, but without
limitation, moneys that may become due or moneys that are due)
this AGREEMENT without the written consent of the other, except
as stated in paragraph 6.4.1 and except to the extent that the
effect of this limitation may be restricted by law. Unless
specifically stated to the contrary in any written consent to an
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assignment, no assignment will release or discharge the assignor
from any duty or responsibility under this AGREEMENT. Nothing
contained in this paragraph shall prevent ENGINEER from employing
such independent consultants, associates and subcontractors as he
may deem appropriate to assist him in the performance of services
hereunder.
6.4.3 Nothing herein shall be construed to give any
rights or benefits hereunder to anyone other than OWNER and
ENGINEER.
6.5 Notices
All notices required to be given by the OWNER to the ENGINEER
hereunder shall, unless otherwise agreed, be in writing and shall
be given by United States mail, postage prepaid, addressed to
Managing Principal, Boyle Engineering Corporation, 320 East South
Street, Orlando, Florida 32801. All notices required to be given
to the OWNER shall, unless otherwise agreed, be in writing and
shall be given either by hand delivery or by United States mail,
postage prepaid, addressed to
Mr. Richard Rozansky, City Manager
City of Winter Springs
1126E. State Road 434
Winter Springs, FL 32708
Either party may change its address for purpose of this paragraph
by written notice to the other party given in accordance with the
requirements of this paragraph.
6.6 Remedies: Attorneys' Fees and Costs
All remedies provided in this AGREEMENT shall be deemed cumula-
tive and additional and not in lieu of or exclusive of each other
or of any other remedy available to either party at law or in
equity. In the event one party shall prevail id 'any arbitra-
tion, or in any action at law or in equity arising hereunder, the
losing party will pay all costs (including all costs, expenses
and reasonable attorneys' fees incurred by the other party
through any and all appeals) arising out of such action. In the
event each party shall partially prevail in such arbitration or
action, such costs shall be equitably apportioned between the
parties by the arbitrator or the court.
6.7 Conflicts of Interest
In accordance with Florida Statutes, when the OWNER is the State
of Florida, or one of its agencies, a Florida municipality, po-
litical subdivision, school board or school district, the
ENGINEER represents and warrants unto the OWNER that no officer,
employee, or agent of the OWNER has any interest, either directly
or indirectly, in the business of ENGINEER to be conducted here-
under. ENGINEER further represents and warrants to the OWNER
that it has not employed or retained any company or person, other
than a bona fide employee working solely for the ENGINEER, any
fee, commission, percentage, gift, or any other consideration
contingent upon or resulting from the award or making of this
AGREEMENT, and that it has not agreed, as an express or implied
condition for obtaining this AGREEMENT, to employ or retain the
services of any firm or person in connection with carrying out
this AGREEMENT.
6.8 Arbitration
The parties agree that no action shall be brought hereunder in
any court unless the parties have first considered using arbi-
tration to resolve the dispute. Arbitration may be used by mu-
14
tual agreement of the parties. Such arbitration may be initi-
ated and conducted in accordance with the provisions of the
Florida Arbitration Code, Chapter 682, Florida Statutes, in ef-
fect at the time of such arbitration. The arbitration shall be
conducted by three arbitrators selected pursuant to said rules
(provided that one such arbitrator shall be chosen by OWNER, one
such arbitrator shall be chosen by ENGINEER, and a third such ar-
bitrator shall be chosen by the arbitrators chosen by the OWNER
and ENGINEER). The award of the arbitrator may be confirmed by a
court of competent jurisdiction, and judgment or decree on the
award may be entered pursuant to the provisions of the aforesaid
Florida Arbitration Code.
6.9 Liability and Insurance
ENGINEER's liability to the OWNER for injury or damage to persons
or property arising out of work performed for the OWNER and for
which legal liability may be found to rest upon ENGINEER, other
than for professional errors and omissions, will be limited to
ENGINEER's general liability insurance coverage, which ENGINEER
'maintains in limits in excess of $1,000,000. For any damage on
account of any error, omission or other professional negligence,
ENGINEER's liability will be limited to a sum not to exceed
$1,000,000 or ENGINEER's fee, whichever is greater.
6.10 Cost Estimating
Any Opinion of Cost prepared by ENGINEER represents his judgment
as a professional ENGINEER and is supplied for the general guid-
ance of the OWNER. Since ENGINEER has no control over the zost
of labor and material, or over competitive bidding or market con-
ditions, ENGINEER does not guarantee the accuracy of such opin-
ions as compared to contractor's or supplier's bids or actual
cost to the OWNER.
6.11 Care and Skill
The OWNER agrees to defend, indemnify and hold ENGINEER harmless
from any and all liability, real or alleged, in connection with
the performance of its work on this project, excepting liability,
proximately arising from the sole negligence of ENGINEER. In the
performance of its professional services, ENGINEER will use that
degree of care and skill ordinarily exercised under similar
localities and no other warranties, express or implied, are made
or intended in any of ENGINEER's proposals, contracts or reports.
6.12 Licenses
ENGINEER shall procure and keep in force during the term of this
AGREEMENT all necessary licenses, registrations, certificates,
permits and other authorizations as are required by law in order
for ENGINEER to render its services hereunder. ENGINEER shall
require all specialty consultants to comply with the provisions
of this paragraph.
6.13 ENGINEER Not Agent of OWNER
The ENGINEER is not authorized to act as the OWNER's agent here-
under and shall have no authority, express or implied, to act for
or bind the OWNER hereunder, either in ENGINEER's relations with
specialty consultants, or in any other manner whatsoever except
as elsewhere provided for herein.
6.14 Amendment
This AGREEMENT shall not be amended or modified other than in
writing signed by the parties hereto or their successors.
15
6.15 Accounting Records
For each project authorized by OWNER, ENGINEER will maintain ac-
counting records which will include timecards, job cost records,
invoices, and such other data necessary to identify project
costs. Except when services are provided on a Lump Sum Fee ba-
sis, said records will be made available to OWNER's authorized
financial personnel for inspection at ENGINEER's office upon
request.
6.16 Not Used
6.17 Not Used
6.18 Specific Consideration
ENGINEER agrees to pay OWNER, or credit the OWNER against compen-
sation due hereunder, the sum of ten dollars ($10.00) as specific
consideration for the indemnifications specified in this
AGREEMENT.
6.19 Validity
The validity, interpretation, construction and effect of this
AGREEMENT shall be in accordance with and be governed by the laws
of the State of Florida. In the event any provision hereof shall
be finally determined to be unenforceable or invalid, such unen-
forceability or invalidity shall not effect the remaining provi-
sions of this AGREEMENT which shall remain in full force and
effect.
6.20 Headings
The headings of the sections of this AGREEMENT are for the pur-
pose of convenience only and shall not be deemed to expand or
limit the provisions contained in such sections.
vb
6.21 Entire Agreement
This AGREEMENT including the exhibits hereto, constitutes the
entire agreement between the parties.
16
IN WITNESS WHEREOF, this AGREEMENT, consisting of 17 pages
plus Exhibit(s) "A" and "B ", has been fully executed on behalf of
the ENGINEER by its duly authorized officers, and the OWNER has
caused the same to be duly executed in its name and in its behalf
by its Mayor and City Clerk, effective as of the date hereinabove
written.
ATTEST ENGINEER -
BOYLE ENGINEERING CORPORATION
J
G
David G. Kittridge, PE H.W. Haeseker; PE
Senior Structural Engineer Regional Vice President
ATTEST 0
Y OF WINT: ' ' SPRINGS
t / f itittit
City lerk
RICHARD ROZANS P ,
CITY MANAGER
A °•ROVED AS TO FORM
f
•it• io. ey
Exhibits Attached:
A - Task Cost Report
B - Standard Hourly Rate Schedule
Boyle Engineering Corporation
November 1, 1986 thru April 30, 1987
17
TASK COST REPORT
BOYLE ENGINEERING CORP WINTER SPRGS MAPPING
320 E SOUTH STREET ORW49I0000
ORLANDO, FLORIDA 32801 Project Mgr :DAVID 6. KITTRIDGE
run time > )15:51 :33 +* 01- 12-1987 page 1
COST IN DOLLARS
D A T E TOTAL OTHER
ACTIVITY / TASK START FINISH HOURS LABOR DIRECT TOTALS
PHASE I INITIAL BASE MAP PREPARATION
100 CADD MAPPING TECHNICAL CRITERIA
110 COMPLETE PLANNING WITH CITY STAFF 02/02/87 02/09/87 13 724 0 724
120 EVALUATE SYSTEM REQUIREMENTS 02/09/87 02/20/87 8 386 0 386 •
130 DEFINE PRESENT MAP PRODUCTS 02/20/87 02/24/87 3 151 0 151 •
140 REPORT TO CLIENT 02/24/87 02/27/87 9 412 0 412
SUBTOTAL 100 SERIES TASKS 02/02/87 02/27;87 33 1673 0 1613
200 CONTROL SURVEYS FOR AERIALS
210 PROJECT SETUP & QUALITY CONTROL 02/09/87 03/27/87 12 538 0 538'
220 PAINT ,TARGETS AT 1 MI X 2 MI GRID 02/09/87 02/16/87 24 1408 0 1408•
230 TRAVERSE MAIN CONTROL LOOPS 02/16/87 02/27/81 96 6020 0 6020
240 TIE TARGETS TO TRAVERSE 02/16/87 02/27/87 28 1660 0 1660
250 REFERENCE TRAVERSE POINTS 03/02/81 03/09/87 12 584 0 684
260 RUN MAIN BENCH LOOPS 03 /04/87 03/23/87 100 6160 0 6160
270 TIE TARGETS TO LOOPS 03/23/87 04/13/87 32 1932 0 1932
SUBTOTAL 200 SERIES TASKS 02/09/87 04/13/87 304 18402 0 18402
300 AERIAL PHOTOGRAPHY (1'-200,2' CI)
310 AERIAL PHOTOGRAPHY 04 /06/87 04/20/87 4 171 4125 4296 •
320 AERIAL TRIANGULATION 04/20/87 05/04/87 0 0 2420 2420
330 STEREODI6 (110 MODELS 1 '200 EA) 05/04/87 05/22/87 0 0 29653 29653
340 BOYLE QC AERIAL MAPS 05/26/87 05/29/81 22 811 0 811
SUBTOTAL 300 SERIES TASKS 04/06/87 05/29/87 26 982 36198 37180
400 CADD START UP MOBILIZATION
410 MENU GENERATION 04/06/87 04/20/87 20 743 0 743
420 DEFINE MAP CONTROL POINTS 05/04/87 05/15/87 26 1033 0 1033
430 CREATE BORDERSHEET LEGEND&KEYMAP 05/18/87 05/29/87 20 799 0 199
440 DIGITIZE SAMPLE AREA 4 PLOT 06/01/87 06/12/87 35 1226 0 1226
450 REVIEW SAMPLE WITH CLIENT 06/15/07 06/22/87 5 288 0 288 ,i,'
SUBTOTAL 400 SERIES TASKS 04/06/87 06/22/87 106 4089 0 4089
500 RIGHT OF WAY DETERMINATION
510 LOCATE PLATS FOR EXIST DEVELOP. 04/06/87 04/17/87 40 1085 0 1085
520 DETERMINE ROW - EXIST PLAT RDWYS 04/13/87 04/24/87 55 1460 0 1460
SUBTOTAL 500 SERIES TASKS 04/06/87 04/24/87 95 2545 0 2545
600 MAP PRODUCTIONS
505 DIGITIZE CITY BOUNDARY 06/01/87 07/20/87 9 327 0 327
610 DIG /PLACE ROW - EXISTING RDWYS 06/01/87 07/20/87 94 3388 0 ;388
615 PLACE STREET NAMES 06 /01/87 07/20/87 32 154 0 154
620 DIG REMAINING BLOCK BOUNDARYS 06/01/87 07/20/87 32 154 0 154
625 PLACE BLOCK NUMBERS /NAMES 06/01/87 07/20/87 32 154 0 154
630 DIGITIZE ZONING INFORMATION 06/01/87 07/20/87 41 538 0 538
635 PLOT REVIEW MAPS 07/20/87 07/24/87 34 045 0 045
640 QC REVIEW MAPS 07/20/87 07/24/87 25 046 0 046
645 CORRECT REVIEW MAPS 07/24/87 07/31/87 55 912 0 912
650 PLOT 8 - 400 SCALE MAPS (INK) 08 /03/87 08 /07 /87 20 672 0 672
655 DELIVER FINAL MAPS TO CLIENT 08/10/87 00/11/87 9 412 0 412
SUBTOTAL 600 SERIES TASKS 06/01/87 08/11/87 383 13802 0 13802
u ** TOTALS mil 947 41493 36198 77691
Resource code Average Rate
A : PRINCIPAL /SENIOR 67.00
8 = ASSOC /ASST 42.00
C : DRAFT /TECH 35.00
D = CADD OPERATOR 25.00
E = CLERICAL 20.00
F = ASSOC LAND SURV. 40.00
6 = 3 MAN SURVEY PARTY 68.00
H = CADO TERMINAL 50.00
I = A/N TERMINAL 20.00
J = PEN PLOTTER 35.00 EXHIBIT A
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STANDARD HOURLY RATE SCHEDULE
BOYLE ENGINEERING CORPORATION
Orlando, Florida
November 1, 1988 thru April 30, 1987
Engineers, Planners, Landscape Architects, Geologists, Scientists:
Principal $75.00 per hour
Senior 11 $68.00 per hour
Senior I $58.00 per hour
Associate $48.00 per hour
Assistant II $40.00 per hour
Assistant I $38.00 per hour
Construction Administration Personnel:
Resident Engineer $58.00 per hour
Senior Resident Project Representative $48.00 per hour
Resident Project Representataive $40.00 per hour
Technical Support Staff:
Designer Supervisor $52.00 per hour
Senior Technician/Senior Designer $48.00 per hour
Certified Engineering Technician/Designer $38.00 per hour
Senior Drafter $32.00 per hour
Drafter $26.00 per hour
Technical Typist (Includes word processing equipment) $26.00 per hour
Clerical $21.00 per hour
Surveying Staff:
Senior Land Surveyor (Registered) $55.00 per hour
Associate Land Surveyor (Registered) $40.00 per hour
Survey Technician/Assistant Surveyor $32.00 per hour
Three -Man Survey Party (includes local travel $89.00 per hour
and all basic equipment)
Two -Man Survey Party $58.00 per hour
Electronic Distance Measuring Equipment $,8,00 per hour
Direct Project Expenses:
Photocopies $0.12 per page
Long Distance Telephone $0.50 per minute
Printing and Blueprinting Actual Cost + 10%
Survey Monuments (4 "x4 "x24" concrete) $5.00 each
Travel - Automobile/Truck - Out of Town $0.35 per mile
Travel - Other than Automobile Actual Cost + 10%
Materials Testing and In -Plant Inspection Actual Cost + 10%
Aerial Photogrammetry Service and Surveys Actual Cost + 10%
Soils Investigation and Field Tests Actual Cost + 10%
Computer Services and Computer Aided Design See Reverse Side
Rates will be adjusted twice per year. New personnel classifications or new equipment may be
added at any time at appropriate rates. Any applicable sales taxes will be added to these rates.
EXHIBIT B
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STANDARD RATES FOR COMPUTER SERVICES -
November 1, 1888 thru April 30, 1887
Intergraph Computer -Aided Design and Drafting (CADD) System:
Our Intergraph CADD system utilizes a Digital Equipment Corporation VAX 111751 computer with 4 megabytes of
main memory, 414 megabytes of disk memory, floating point accelerator, cache memory, magnetic tape, and a
high -speed pen plotter. Graphics workstations have dual 19 -Inch high - resolution screens, dpftlur We, and
menu tablet. Unit charges for equipment are u follows:
Graphic Workstation $17.50 per hour
Pen Plotter $20.00 per hour
Terminal (CRT or Printer) $ 5.00 per hour
Central Processing Unit $ 5.00 per minute
Microcomputers and AutoCADD Systems:
Microcomputers Induce the ISM PC/XT, IBM PC/AT, and other similar equipment Charges are based on an
hourly rate for the computer and standard software plus • resource charge for special applications software,
and special equipment such as plotters and high- resolution monitors.
Basic Computer system and Standard Software $23.00 per hour
Resource Charge:
AutoCADD Computer Aided Design S Drafting $ 4.53 per hour
DAPPER - Electrical Design Program $20.71 per hour
CAPTOR - Ov.rownnt Protection Analyse $ 4.2$ per hour
Rand Micas - armband Analysis S Design $ $.75 per hour
Trans TRACE - HVAC System Design $ 4.14 per hour
Carrier HVAC System Design $ 3 N per hour
ROUTE IV - Drainage System $ 5.76 per how
GWFM - Groundwater Modeling System $14.$0 per hour
HP 3000 Computer System:
The Hewett Packard HP 3000 oomputer has 2 megabytes of main memory, 440 megabytes of disk memory, a
400 card- per -minute reader, a 600 line-per minute upper - lowercase printer, magneto tripe and four *um
plotters. Sixty -four terminals are oorrneoed directly or via telephone Nnse. Unit charges are as follows:
oh
Central Processing Unit $4.46 per minute of computer time
Elapsed Time $4.04 per hour of terminal connect time
Una Printed $0.14 per hundred tines printed
Plot Records Slit per hundred records plotted
Bruning CADD Systems:
Our Bruning CADD systems utilize Hewlett I'ackard computers and plotters with high- resolution color dlsplsy
and special software for design of buildings. The system charge Includes software, hardware and petting
Bruning CADD System $12.40 per hour
Outside Computer Services:
Charges for outside computer services will be bitted at Invoice cost plus twenty -five percent
EXHIBIT B
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