HomeMy WebLinkAbout2009 07 27 Consent 208 Agreement with URS Construction Services•
COMMISSION AGENDA
ITEM 208
CONSENT X
INFORMATIONAL
PUBLIC HEARING
REGULAR
July 27, 2009 MGR /DEPT `~~`
Meeting A thorization
REQUEST: Public Works Department requesting the City Commission's authorization
to enter into an Agreeement with URS Construction Services, Inc. for
Construction Engineering and Inspection Services on four transportation
projects.
PURPOSE: The purpose of this agenda item is to request the City Commission's authorization
to enter into an Agreement with URS Construction Services, Inc. in the amount of
$115,042.28 for Construction Engineering and Inspection Services on four
transportation projects.
CONSIDERATIONS:
• At the June 22, 2009 City Commission meeting, the Commission approved Staff's
recommended selection of URS Construction Services, Inc. (URS) as the top ranked firm
under Request for Qualifications #012-09-BF to perform Construction Engineering and
Inspection Services. The services are required on the following four transportation
projects on the state highway system, which are scheduled to start construction in late
2009:
1. Right-turn deceleration lane on S.R. 434 at Vistawilla Drive
(federally funded at $153,000)
2. Right-turn deceleration lane on S.R. 434 at Hayes Road
(federally funded at $125,000)
3. Intersection Improvements on S.R. 419 at Wade Street
(federally funded at $534,000)
4. Right-turn deceleration lane on S.R. 419 at Sherry Avenue
(state funded at $120,000)
July 27, 2009
Agenda Item #208
Page 2 of 2
• The first three projects listed above are approved for federal funding with a combined
amount of $812,000 under the 2009 American Recovery and Reinvestment Act (ARRA),
which is more commonly referred to as the "Economic Stimulus Plan." The Sherry
Avenue turn lane is approved for state funding in the amount of $120,000. The project
funding listed above includes construction and Construction Engineering and Inspection
Services.
• All four projects are City projects being administered through the Florida Department of
Transportation (FDOT). FDOT requires the services of apre-qualified Construction
Engineering and Inspection Staff to oversee construction and perform materials testing
and inspection for all four projects. Most local agencies, including the City of Winter
Springs, do not have this expertise in-house and therefore must use the services of an
FDOT pre-qualified consulting engineering firm.
FUNDING:
The total fee for all four projects is $115,042.48 and sufficient funds are available in the
Road Improvement Fund (One-Cent Sales Tax). Construction Engineering and Inspection
services are eligible for federal or state reimbursement within the total funding allocation for
each project as outlined above.
RECOMMENDATION:
Staff recommends the City Commission provide authorization to enter into an Agreement
with URS Construction Services, Inc. in the amount of $115,042.28 for Construction
Engineering and Inspection Services on four transportation projects
ATTACHMENTS:
1. Agreement for Engineering Services
COMMISSION ACTION:
•
AGREEMENT FOR
ENGINEERING SERVICES
THIS AGREEMENT is made and entered into this day of 2009, by
and between the CITY OF WINTER SPRINGS, FLORIDA, a Florida Municipal Corporation
("City"), located at 1126 E. State Road 434, Winter Springs, Florida 32708, and URS
CONSTRUCTION SERVICES, INC., a foreign corporation, authorized to conduct business in the
State of Florida, whose address is 600 Montgomery Street, 25"' Floor, San Francisco, California
94111 ("Engineer").
WITNESSETH:
WHEREAS, City has a need to obtain construction engineering and inspection services for
intersection improvements at various locations throughout the City; and
WHEREAS, the City has followed the selection and negotiation process set forth in the
Florida's Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes; and
WHEREAS, Engineer participated in the selection and negotiation process; and
WHEREAS, Engineer is willing to provide such construction engineering and inspection
services to the City under the terms and conditions stated herein.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the parties covenant and agree as follows:
1.0 TERM AND DEFINITIONS
1.1 This Agreement shall become effective on the Effective Date and shall remain in
effect until the Engineer completes the services required by this Agreement to the full and complete
satisfaction of the City.
1.2 Definitions. The following words and phrases used in this Agreement shall have the
following meaning ascribed to them unless the context clearly indicates otherwise:
a. "Agreement" or "Contract" shall be used interchangeably and shall refer to this
Agreement, as amended from time to time, which shall constitute authorization for the Engineer to
provide the construction engineering and inspection services set forth herein.
b. "Effective Date" shall be the date on which the last signatory hereto shall execute this
Agreement, and it shall be the date on which this Agreement shall go into effect. The Agreement
shall not go into effect until said date.
Agreement for Engineering Services
City of Winter Springs and URS Construction Services, Inc.
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c. "Engineer" shall mean URS Construction Services, lnc., and its principals, employees,
resident project representatives (and assistants).
d. "Public Record" shall have the meaning given in Section 119.011(11), Florida
Statutes.
e. "Reimbursable Expenses" shall mean the actual. expenses incurred by Engineer or
Engineer's independent professional associates and consultants which are directly related to travel
and subsistence at the rates, and under the requirements of section 112.061, Florida Statutes, or any
other actual and direct expenses the City agrees to reimburse pursuant to this Agreement.
f. "Work" or "Services" shall be used interchangeably and shall include the performance
of the work agreed to by the parties pursuant to this Agreement.
1.3 Engagement. The City hereby engages the Engineer and Engineer agrees to perform
the Services outlined in this agreement for the stated fee arrangement. No prior or present
representations shall be binding upon any of the parties hereto unless incorporated in this Agreement.
2.0 DESCRIPTION OF SERVICES
2.1 The scope of services under this Agreement is set forth in EXHIBIT "A".
• 2.2 Upon receipt of the signed written notice to proceed from the City, the Engineer shall
perform the services set forth herein.
2.3 The City reserves the right, at its discretion, to perform any services related to this
Agreement or to retain the services of other engineering companies to provide professional
engmeermg services.
3.0 CHANGES IN THE SCOPE OF WORK
3.1 City may make changes in the Services at any time by giving written notice to
Engineer. If such changes increase (additional services) or decrease or eliminate any amount of
Work, City and Engineer will negotiate any change in total cost or schedule modifications. If the
City and the Engineer approve any change, the scope of services will be modified in writing to reflect
the changes; and Engineer shall be compensated for said services in accordance with the terms of
Article 5.0 herein. All change orders shall be authorized in writing by City's and Engineer's
designated representative.
3.2 All of City's said Task Orders and amendments thereto shall be performed in strict
accordance with the terms of this Agreement insofar as they are applicable.
Agreement for Engineering Services
City of Winter Springs and URS Construction Services, Inc.
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4.0 SCHEDULE
4.1 Engineer shall perform services in conformance with the mutually agreed schedule set
forth in EXHIBIT "A" or as provided in writing after the Effective Date. Engineer shall keep City
apprised ofthe status ofwork on at least a monthly basis or as otherwise reasonably requested by the
City.
4.2 No extension for completion of services shall be granted to Engineer without City's
prior written consent, except as provided in Sections 3.1 and 19.1 herein.
4.3 Any cost caused by defective or ill-timed services shall be borne by the party
responsible therefore.
5.0 METHODS OF PAYMENT FOR SERVICES AND EXPENSES OF
ENGINEER
5.1 Compensation. For the performance and full completion of the Services specified
herein, the City and Engineer agree that the Engineer shall be paid at the hourly rates set forth in
EXHIBIT "A", inclusive of all Services, materials, and expenses directly related to the Services.
The compensation due to Engineer under this Agreement shall in no event exceed $ 115, oyZ .2$ .
There shall be no other compensation due Engineer for the Services provided under this Agreement,
• unless specifically agreed to by the City in writing. Engineer shall be compensated upon the full
completion of the Services, or in periodic installments as set forth in EXHIBIT "A". All services,
materials and expenses submitted for payment shall be eligible for reimbursement by FDOT under
the applicable Local Agency Program Agreement.
5.2 Florida Prompt Payment Act. Upon the City's receipt of a proper invoice pursuant
to this Agreement, payment shall be due and payable as provided by the Florida Prompt Payment Act
s.218.70 et. seq., Florida Statutes.
5.3 Miscellaneous. Under no circumstances shall actual or direct costs under this
Agreement include costs associated with in efficiency, offsite or home office overhead, loss of
productivity, consequential damages, legal or consulting costs, or costs associated with delays caused
in whole or in part by the Engineer.
5.4 Errors and Deficiencies. Engineer shall not invoice the City or seek any
compensation from the City to correct or revise any errors or deficiencies in Engineer's services
provided under this Agreement.
5.5 Payment Offsets. To the extent that Engineer owes the City any money under this or
any other Agreement with the City, the City shall have the right to withhold payment and otherwise
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• back charge the Engineer for any money owed to the City by Engineer.
5.6 Payment not Waiver. The City's payment of any invoice under this Agreement
shall not be construed or operate as a waiver of any rights under this Agreement or any cause of
action arising out of the performance of this Agreement and Engineer shall remain liable to the City
in accordance with applicable law for all damages to the City caused by Engineer's performance of
any services provided under this Agreement.
5.7 Delay Remedy. The risk of any monetary damages caused by any delays in
performing the Services under this Agreement are accepted and assumed entirely by the Engineer,
and in no event shall any claim relating thereto for an increase in compensation be made or
recognized. Engineer shall not make any claim nor seek any damages of any kind against the City
for any delays, impacts, disruption or interruption caused by any delay. Engineer's remedy for a
delay shall be an equitable extension of time to perform the Services for each day of such delay that
impacts the critical path of the schedule established under this Agreement.
6.0 RIGHT TO INSPECTION
6.1 City or its affiliates shall at all times have the right to review or observe the Services
performed by Engineer.
6.2 No inspection, review, or observation shall relieve Engineer of its responsibility under
• this Agreement.
7.0 PROGRESS MEETING
7.1 City's designated Project Manager may hold periodic progress meetings on a monthly
basis, or more frequently if required by the City, during the term of any Task Order entered into
under this Agreement. Engineer's Project Manager and all other appropriate personnel shall attend
such meetings as designated by City's Project Manager.
8.0 SAFETY
8.1 Engineer shall be solely and absolutely responsible and assume all liability for the
safety and supervision of its principals, employees, resident project representatives (and assistants)
while performing Services provided hereunder.
9.0 REASONABLE ACCESS
9.1 During the term of this Agreement, City shall grant Engineer reasonable access to the
City's premises, records, and files for purposes of fulfilling its obligations under this Agreement.
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• 10.0 INSURANCE
10.1 Liability Amounts. During the term of this Agreement, Engineer shall be
responsible for providing the types of insurance and limits of liability as set forth below.
a. Professional Liability. Proof of professional liability insurance shall be provided to
the City for the minimum amount of $1,000,000 as the combined single limit per claim and
$1,000,000 in the aggregate.
b. The Engineer shall maintain comprehensive general liability insurance in the
minimum amount of $1,000,000 as the combined single limit for each occurrence to protect the
Engineer from claims of property damages and personal injury which may arise from any Services
performed under this Agreement whether such Services are performed by the Engineer or by anyone
directly employed by or contracting with the Engineer.
c. The Engineer shall maintain comprehensive automobile liability insurance in the
minimum amount of $1,000,000 combined single limit bodily injury and minimum $50,000 property
damage as the combined single limit for each occurrence to protect the Engineer from claims for
damages for bodily injury, including wrongful death, as well as from claims from property damage,
which may arise from the ownership, use, or maintenance of owned and non-owned automobiles,
including rented automobiles whether such operations be by the Engineer or by anyone directly or
indirectly employed by the Engineer.
• d. The Engineer shall maintain, during the life of this Agreement, adequate Workers'
Compensation Insurance and Employers' Liability Insurance in at least such amounts as are required
by law for all of its employees performing Work for the City pursuant to this Agreement.
10.2 Special Requirements. Current, valid insurance policies meeting the requirements
herein identified shall be maintained during the term of this Agreement. Renewal certificates shall
be sent to the City thirty (30) days prior to any expiration date. There shall also be a thirty (30) day
advance written notification to the City in the event of cancellation or modification of any stipulated
insurance coverage. The City shall be an additional named insured on stipulated insurance
policies included in article 10.1.b and 10.1.c herein, as its interest may appear, from time to time.
10.3 The insurance required by this Agreement shall include the liability and coverage
provided herein, or as required by law, whichever requirements afford greater coverage. All of the
policies of insurance so required to be purchased and maintained shall contain a provision or
endorsement that the coverage afforded will not be canceled, materially changed or renewal refused
until at least thirty (30) days' prior written notice has been given to the City, and the Engineer by
certified mail, return receipt requested. All such insurance shall remain in effect until final payment.
In the event that the Engineer shall fail to comply with the foregoing requirement, the City is
authorized, but in no event shall be obligated, to purchase such insurance, and the City may bill the
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Engineer. The Engineer shall immediately forward funds to the City in full payment for said
insurance. It is expressly agreed that neither the provision of the insurance referred to in this
Agreement nor the City's acceptance of the terms, conditions or amounts of any insurance policy
shall be deemed a warranty or representation as to adequacy of such coverage. All insurance
coverage shall be with insurer(s) rated as A+ by Best's Rating Guide (or equivalent rating and rating
service as reasonably determined by the City Manager) and licensed by the State of Florida to engage
in the business of writing of insurance or provided through the London Market for Professional
Liability Insurance. Unless agreed to by the City to the contrary, the City shall be named on the
insurance policies included in article IO.I.b and 10.1.c as "additional insured." The Engineer shall
cause its insurance carriers, prior to the effective date of this agreement to furnish insurance
certificates specifying the types and amounts of coverage in effect pursuant hereto, the expiration
dates of such policies, and a statement that no insurance under such policies will be canceled without
thirty (30) days' prior written notice to the City in compliance with other provisions of this
Agreement. Further copies of all relevant policies will be provided to the City within thirty (30) days
of the effective date of this agreement. If the City has any objection to the coverage afforded by or
other provision of the insurance required to be purchased and maintained by the Engineer in
accordance with this Article on the basis of its not complying with the Agreement, the City shall
notify the Engineer in writing thereof within thirty (30) days of the date of delivery of such
certificates to the City. For all Work performed pursuant to this Agreement, the Consultant shall
continuously maintain such insurance in the amounts, type, and quality as required by the
Agreement.
10.4 Independent Associates and Consultants. All independent associates and
consultants employed by Engineer to perform any Services hereunder shall fully comply with the
insurance provisions contained in this paragraph.
11.0 COMPLIANCE WITH LAWS AND REGULATIONS
11.1 Engineer shall comply with all requirements of federal, state, and local laws, rules,
regulations, standards, and/or ordinances applicable to the performance of Services under this
Agreement.
12.0 REPRESENTATIONS
12.1 Engineer represents that the Services provided hereunder shall conform to all
requirements of this Agreement shall be consistent with recognized and sound engineering practices
and procedures; and shall conform to the customary standards of care, skill, and diligence
appropriate to the nature of the Services rendered. Engineer shall perform as expeditiously as is
consistent with professional skill and care and the orderly progress of the Services performed
hereunder. Engineer's services shall be consistent with the time periods established under this
Agreement. Engineer shall provide City with a written schedule for Services performed and such
schedule shall provide for ample time for the City to reviews, for the performance of consultants (if
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any), and for the approval of submissions by authorities having jurisdiction over the Services. The
Engineer's designated representative shall have the authority to act on Engineer's behalfwith respect
to the Services. In addition, Engineer's representative shall render decisions in a timely manner in
order to avoid unreasonable delay in the orderly and sequential progress of the Services. Except with
the City's knowledge and consent, the Engineer shall not engage in any activity, or accept any
employment, interest or contribution that would reasonably appear to compromise the Engineer's
professional judgment with respect to the Services. The Engineer shall review laws, codes, and
regulations applicable to Engineer's Services. The Engineer's services and design shall comply with
all applicable requirements imposed by all public authorities. The Engineer represents and warrants
that it is familiar with, and accepts that it will perform the Services hereunder in a manner that
complies with all applicable requirements of law, codes, and regulations. Engineer shall be
responsible for the professional quality, technical accuracy and the coordination of all plans, studies,
reports and other services furnished to the City under this Agreement. Unless this Agreement is
terminated by the City, or terminated by Engineer for nonpayment of any proper invoices, or the City
exercises its rights to perform the Services pursuant to under Paragraph 2.0 herein, Engineer shall be
responsible for the satisfactory and complete execution of the Services described in this Agreement.
The Engineer represents that it has carefully examine the scope of services required by this
Agreement, that it has investigated the essential requirements of the services required by this
Agreement, and that it will has sufficient personnel, equipment, and material at its disposal top
complete the services set forth in this Agreement in a good professional and workmanlike manner in
conformance with the requirements of this Agreement.
12.2 Engineer represents that all principals, employees, and other personnel furnishing
such Services shall be qualified and competent to perform the Services assigned to them and that
such guidance given by and the recommendations and performance of such personnel shall reflect
their best professional knowledge and judgment.
13.0 GUARANTEE AGAINST INFRINGEMENT
13.1 Engineer guarantees that all Services performed under this Agreement shall be free
from claims of patent, copyright, and trademarks infringement. Notwithstanding any other provision
of this Agreement, Engineer shall indemnify, hold harmless, and defend City, its officers, directors,
employees, agents assigns, and servants from and against any and all liability, including expenses,
legal or otherwise, for actual or alleged infringement of any patent, copyright, or trademark resulting
from the use of any goods, Services, or other item provided under this Agreement. Notwithstanding
the foregoing, Engineer may elect to provide non-infringing services.
14.0 DOCUMENTS
14.1 Public Records. It is hereby specifically agreed that any record, document,
computerized information and program, audio or video tape, photograph, or other writing of the
Engineer and its independent contractors and associates related, directly or indirectly, to this
Agreement for Engineering Services
City of Winter Springs and URS Construction Services, Inc.
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Agreement, shall be deemed to be a Public Record whether in the possession or control ofthe City or
the Engineer. Said record, document, computerized information and program, audio or video tape,
photograph, or other writing of the Engineer is subject to the provisions of Chapter 119, Florida
Statutes, and may not be destroyed without the specific written approval of the City's City manager.
Upon request by the City, the Engineer shall promptly supply copies of said public records to the
City. All books, cards, registers, receipts, documents, and other papers in connection with this
Agreement shall at any and all reasonable times during the normal working hours ofthe Engineer be
open and freely exhibited to the City for the purpose of examination and/or audit.
a. Reuse of Documents. All documents, including but not limited to, drawings,
specifications, and data, or programs stored electronically or otherwise, prepared by the Engineer and
its independent contractors and associates pursuant to this Agreement or related exclusively to the
Services described herein shall be owned by the City and may be reused by the City for any reason or
purpose at anytime. However, the City agrees that the aforesaid documents are not intended or
represented to be suitable for reuse by the City or others on any undertaking other than the Work
outlined in this Agreement. Any reuse for an undertaking other than for the Work without
verification or adaptation by the Engineer, or its independent contractors and associates if necessary,
to specific purposes intended will be at the City's sole risk and without liability or legal exposure to
the Engineer.
b. Ownership of Documents. The City and the Engineer agree that upon payment of
fees due to the Engineer by the City for a particular design, report, inventory list, compilation,
drawing, specification, model, recommendation, schedule or otherwise, said design, report, inventory
list, compilation, drawing, specification, technical data, recommendation, model, schedule and other
instrument produced by the Engineer in the performance of this Agreement, or any Work hereunder,
shall be the sole property of the City, and the City is vested with all rights therein. The Engineer
waives all rights of copyright in said design, report, inventory list, compilation, drawing,
specification, technical data, recommendation, model, schedule and other instrument produced by the
Engineer in the performance of this Agreement, and hereby assigns and conveys the same to the City
whether in the possession or control of the Engineer or not.
c. Preexisting Ownership Rights to Documents. Notwithstandingany provisions
to the contrary contained in this Agreement, Engineer shall retain sole ownership to its preexisting
information not produced and paid for by the City under this Agreement including, but not limited to
computer programs, software, standard details, figures, templates and specifications.
15.0 ASSIGNMENT
15.1 Engineer shall not assign or subcontract this Agreement, any Task Order hereunder,
or any rights or any monies due or to become due hereunder without the prior, written consent of
City.
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15.2 If upon receiving written approval from City, any part of this Agreement is
subcontracted by Engineer, Engineer shall be fully responsible to City for all acts and/or omissions
performed by the subcontractor as if no subcontract had been made.
15.3 If City determines that any subcontractor is not performing in accordance with this
Agreement, City shall so notify Engineer who shall take immediate steps to remedy the situation.
15.4 If any part of this Agreement is subcontracted by Engineer, prior to the
commencement of any Work by the subcontractor, Engineer shall require the subcontractor to
provide City and its affiliates with insurance coverage as set forth by the City.
16.0 INDEPENDENT CONTRACTOR
16.1 At all times during the term of this Agreement, Engineer shall be considered an
independent contractor and not an employee of the City.
17.0 DEFAULT BY ENGINEER AND CITY'S REMEDIES
17.1 The City reserves the right to revoke and terminate this Agreement and rescind all
rights and privileges associated with this Agreement, without penalty, in the following
circumstances, each of which shall represent a default and breach of this Agreement:
17.2 Engineer defaults in the performance of any material covenant or condition of this
Agreement and does not cure such other default within thirty (30) calendar days after written notice
from the City specifying the default complained of, unless, however, the nature of the default is such
that it cannot, in the exercise of reasonable diligence, be remedied within thirty (30) calendar days, in
which case the Engineer shall have such time as is reasonably necessary to remedy the default,
provided the Engineer promptly takes and diligently pursues such actions as are necessary therefore;
or
17.3 Engineer is adjudicated bankrupt or makes any assignment for the benefit of creditors
or Engineer becomes insolvent, or is unable or unwilling to pay its debts; or
17.4 Engineer has acted grossly negligent, as defined by general and applicable law, in
performing the Services hereunder; or
17.5 Engineer has committed any act of fraud upon the City; or
17.6 Engineer has made a material misrepresentation offact to the City while performing
its obligations under this Agreement.
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17.7 Engineer has assigned this Agreement or any Task Order without the City's prior
written consent.
17.8 Notwithstanding the aforementioned, in the event of a default by Engineer, the City
shall have the right to exercise any other remedy the City may have by operation of law, without
limitation, and without any further demand or notice.
18.0 TERMINATION
18.1 Notwithstanding any other provision of this Agreement, City may, upon written notice
to Engineer, terminate this Agreement, without penalty, if (a) Engineer is in default pursuant to
paragraph 17.0 Default; (b) Engineer makes a general assignment for the benefit of its creditors; (c)
Engineer fails to comply with any condition or provision of this Agreement; or (d) Engineer is
experiencing a labor dispute which threatens to have a substantial, adverse impact upon performance
of this Agreement without prejudice to any other right or remedy City may have under this
Agreement. In addition, either party may terminate for convenience with no penalty at any time upon
thirty (30) days advance written notice. In the event of such termination, City shall be liable only for
the payment of all unpaid charges, determined in accordance with the provisions of this Agreement,
for Work properly performed prior to the effective date of termination.
19.0 FORCE MAJEURE
19.1 Any delay or failure of either party in the performance of its required obligations
hereunder shall be excused if and to the extent caused by acts of God; fire; flood; windstorm;
explosion; riot; war; sabotage; strikes; extraordinary breakdown of or damage to City's affiliates'
generating plants, their equipment, or facilities; court injunction or order; federal and/or state law or
regulation; order by any regulatory agency; or cause or causes beyond the reasonable control of the
party affected; provided that prompt notice of such delay is given by such party to the other and each
of the parties hereunto shall be diligent in attempting to remove such cause or causes. If any
circumstance of Force Majeure remains in effect for sixty days, either party may terminate this
Agreement.
20.0 GOVERNING LAW & VENUE
20.1 This Agreement is made and shall be interpreted, construed, governed, and enforced
in accordance with the laws of the State of Florida. Venue for any state action or litigation shall be
Seminole County, Florida. Venue for any federal action or litigation shall be Orlando, Florida.
21.0 HEADINGS
21.1 Paragraph headings are for the convenience of the parties only and are not to be
construed as part of this Agreement.
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22.0 SEVERABILITY
22.1 In the event any portion or part of thereof this Agreement is deemed invalid, against
public policy, void, or otherwise unenforceable by a court of law, the parties shall negotiate an
equitable adjustment in the affected provision of this Agreement. The validity and enforceability of
the remaining parts of this Agreement shall otherwise by fully enforceable.
23.0 WAIVER AND ELECTION OF REMEDIES
23.1 Waiver by either party of any terms or provision of this Agreement shall not be
considered a waiver of that term, condition, or provision in the future.
23.2 No waiver, consent, or modification of any of the provisions of this Agreement shall
be binding unless in writing and signed by a duly authorized representative of each party hereto.
24.0 THIRD PARTY RIGHTS
24.1 Nothing in this Agreement shall be construed to give any rights or benefits to anyone
other than City and Engineer.
25.0 PROHIBITION AGAINST CONTINGENT FEES
25.1 Engineer warrants that it has not employed or retained any company or person, other
than a bona fide employee working solely for the Engineer, to solicitor secure this Agreement, and
that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than
a bona fide employee working solely for the Engineer, any fee, commission, percentage, gift, or other
consideration contingent upon or resulting from the award or making of this Agreement.
26.0 ENTIRE AGREEMENT
26.1 This Agreement, including any Task Orders and Schedules, Attachments, Appendix's
and Exhibits attached hereto, constitute the entire agreement between City and Engineer with respect
to the Services specified and all previous representations relative thereto, either written or oral, are
hereby annulled and superseded.
27.0 NO JOINT VENTURE
27.1 Nothing herein shall be deemed to create a joint venture or principal-agent
relationship between the parties and neither party is authorized to, nor shall either party act toward
third persons or the public in any manner which would indicate any such relationship with the other.
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28.0 ATTORNEY'S FEES
28.1 Should either party bring an action to enforce any of the terms of this Agreement, the
prevailing party shall be entitled to recover from the non-prevailing party the costs and expenses of
such action including, but not limited to, reasonable attorneys' fees, whether at settlement, trial or on
appeal.
29.0 COUNTERPARTS
29.1 This Agreement may be executed in any number ofcounterparts, each ofwhich when
so executed and delivered shall be considered an original agreement; but such counterparts shall
together constitute but one and the same instrument.
30.0 DRAFTING
30.1 City and Engineer each represent that they have both shared equally in drafting this
Agreement and no party shall be favored or disfavored regarding the interpretation of this Agreement
in the event of a dispute between the parties.
31.0 NOTICE
31.1 Any notices required to be given by the terms of this Agreement shall be delivered by
• hand or mailed, postage prepaid to:
For En ineer:
URS Construction Services, Inc.
600 Montgomery Street, 25t" Floor
San Francisco, CA 94111
~ )
For City:
City of Winter Springs
Attention: Brian Fields, City Engineer
1126 E. State Road 434
Winter Springs, Florida 32708
(407) 327-5989 FAX: (407) 327-6695
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• 31.2 Either party may change the notice address by providing the other party written notice
of the change.
32.0 SOVEREIGN IMMUNITY
32.1 Notwithstandingany other provision set forth in this Agreement, nothing contained in
this Agreement shall be construed as a waiver of the City's right to sovereign immunity under
section 768.28, Florida Statutes, or other limitations imposed on the City's potential liability under
state or federal law. As such, the City shall not be liable under this Agreement for punitive damages
or interest for the period before judgment. Further, the City shall not be liable for any claim or
judgment, or portion thereof, to any one person for more than one hundred thousand dollars
($100,000.00), or any claim or judgment, or portion thereof, which, when totaled with all other
claims or judgments paid by the State or its agencies and subdivisions arising out of the same
incident or occurrence, exceeds the sum of two hundred thousand dollars ($200,000.00). This
paragraph shall survive termination of this Agreement.
33.0 CORPORATE REPRESENTATIONS BY ENGINEER
33.1 Engineer hereby represents and warrants to the City the following:
a. Engineer is duly registered and licensed to do business in the State of Florida and is in
• good standing under the laws of Florida, and is duly qualified and authorized to carry on the
functions and operations set forth in this Agreement.
b. The undersigned representative of Engineer has the power, authority, and legal right
to execute and deliver this Agreement on behalf of Engineer.
34.0 INDEMNIFICATION
34.1 Engineer shall indemnify and hold harmless the City, and its officers (including its
City Attorneys) and employees, from liabilities, damages, losses, and costs, including, but not
limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or
intentionally wrongful conduct of the Engineer and other persons employed by the Engineer in the
performance of the Agreement and any Task Order.
34.2 Engineer shall also indemnify and hold harmless the City, and its officers (including
its City Attorneys) and employees, from liabilities, damages, losses, and costs, including, but not
limited to, reasonable attorney's fees, to the extent caused by Engineer's breach and caused by other
persons employed by the Engineer in the performance of the Agreement and any Task Order.
•
Agreement for Engineering Services
City of Winter Springs and URS Construction Services, Inc.
13
• The indemnity provisions set forth in Paragraphs 34.1 and 34.2 shall be considered separate
and independent indemnity provisions.
35.0 ADDITIONAL ASSURANCES
35.1 The Engineer for itself and its Subconsultants, if any, certifies that:
a. No principal (which includes officers, directors, or executive) or individual holding a
professional license and performing work under this Agreement is presently debarred, suspended,
proposed for debarment, declared ineligible or voluntarily excluded from participation in any
architecture, landscape architecture, engineering, or surveying activity by any Federal, State, or local
governmental commission, department, corporation, subdivision, or agency;
b. No principal (which includes officers, directors, or executive) or individual holding a
professional license and performing work under this Agreement, employee, or agent has employed or
otherwise provided compensation to, any employee or officer of the City; and;
c. No principal (which includes officers, directors, or executive) or individual holding a
professional license and performing work under this Agreement, employee, or agent has willfully
offered an employee or officer of the City any pecuniary or other benefit with the intent to influence
the employee or officer's official action or judgment.
. d. The undersigned is authorized to execute this Agreement on behalf of the Engineer
and said signature shall bind the Engineer to this Agreement. No further action is required by the
Engineer to enter into this Agreement other than Engineer's undersigned representative execution of
the Agreement.
36.0 CONFLICTS. In the event of a conflict between any provision of this Agreement
and any attachment or exhibit attached hereto, the provisions of this Agreement shall prevail unless
the attachment or exhibit expressly provides otherwise by making specific reference to the paragraph
and provision of this Agreement that is being replaced or modified.
IN WITNESS WHEREOF, the parties hereto caused this Agreement to be executed by their
duly authorized representatives as of the date first written above.
[EXECUTION PAGE FOLLOWS]
Agreement for Engineering Services
City of Winter Springs and URS Construction Services, Inc.
• 14
•
•
•
CITY: ENGINEER:
CITY OF WINTER SPRINGS
By:
Print Name/Title:
ATTEST:
By:
City Clerk
By:
Print Name/Title:
* THIS AGREEMENT IS ONLY VALID AGAINST THE CITY UPON APPROVAL BY THE CITY
COMMISSION OF WINTER SPRINGS AND SIGNATURE BY EITHER THE MAYOR OR CITY MANAGER
Agreement for Engineering Services
City of Winter Springs and URS Construction Services, Inc.
IS
•
EXHIBIT "A"
CONSTRUCTION ENGINEERING AND INSPECTION
SCOPE OF SERVICES
FOR
•
Intersection Improvements at SR 434 and Vistawilla Drive
Intersection Improvements at SR 434 and Hayes Road
Roadway Improvements at SR 419 and Wade Street
Roadway Improvements at SR 419 and Sherry Avenue
•
•
TABLE OF CONTENTS
1.0 PURPOSE ........................................................................................... A-1
2.0 SCOPE ............................................................................................... A-1
3.0 LENGTH OF SERVICE ......................................................................... A-1
4.0 DEFINITIONS ..................................................................................... A-2
5.0 ITEMS TO BE FURNISHED BY THE DEPARTMENT TO CONSULTANT ...... A-4
6.0 ITEMS FURNISHED BY THE CONSULANT ............................................. A-4
6.1 DEPARTMENT DOCUMENTS ..................................................... A-4
6.2 FIELD OFFICE ......................................................................... A-4
6.3 VEHICLES ............................................................................... A-4
6.4 FIELD EQUIPMENT .................................................................. A-4
6.5 LICENSING FOR EQUIPMENT OPERATIONS .............................. A-5
• 7.0 LIAISON ........................................................................................... A-5
8.0 PERFORMANCE OF THE CONSULTANT ............................................... A-5
9.0 REQUIREMENTS ............................................................................... A-6
9.1 GENERAL ............................................................................... A-6
9.2 SURVEY CONTROL .................................................................. A-6
9.3 ON-SITE INSPECTION ............................................................... A-6
9.4 SAMPLING AND TESTING ......................................................... A-7
9.5 ENGINEERING SERVICES ......................................................... A-7
10.0 PERSONNEL ..................................................................................... A-8
10.1 GENERAL REQUIREMENTS ...................................................... A-8
10.2 PERSONNEL QUALIFICATIONS ................................................. A-9
10.3 STAFFING ................................................................................ A-11
•
11.0 QUALITY ASSURANCE PROGRAM ....................................................... A-11
11.1 QUALITY REVIEWS .................................................................. A-11
11.2 QA PLANS ................................................................................ A-12
11.3 QUALITY RECORDS .................................................................. A-13
12.0 CERTIFICATIONS OF FINAL ESTIMATES ............................................. A-13
12.1 FINAL ESTIMATE AND AS-BUILT PLANS SUBMITTAL ................. A-13
12.2 CERTIFICATION ...................................................................... A-13
12.3 OFFER OF FINAL PAYMENT ...................................................... A-13
13.0 AGREEMENT MANAGEMENT .............................................................. A-14
13.1 GENERAL ................................................................................. A-14
13.2 INVOICING INSTRUCTIONS ....................................................... A-14
14.0 SUBCONSULTANT SERVICES ............................................................... A-14
15.0 OTHER SERVICES ............................................................................... A-14
16.0 POST CONSTRUCTION CLAIMS REVIEW ............................................... A-14
17.0 CONTRADICTIONS ................................................................................ A-14
18.0 THIRD PARTY BENEFICIARY ............................................................... A-15
19.0 CITY AUTHORITY .............................................................................. A-15
•
SCOPE OF SERVICES
CONSTRUCTION ENGINEERING AND INSPECTION
1.0 PURPOSE:
The City of Winter Springs requires the services of a Consultant for a variety of support activities
involving Construction Engineering and Inspection services, technical analysis, materials
sampling and testing, project oversight and general administration associated with construction of
Intersection Improvements at SR 434 and Vistawilla Drive, Intersection Improvements at SR 434
and Hayes Road, Roadway Improvements at SR 419 and Wade Street, and Roadway
Improvements at SR 419 and Sherry Avenue.
This scope of services describes and defines the Construction Engineering and Inspection (CEI)
services which are required for contract administration, inspection, and materials sampling and
testing for the construction project listed below.
2.0 SCOPE:
The Consultant shall be responsible for providing services as defined in this Scope of Services,
the referenced Department of Transportation manuals, and procedures.
The projects for which the services are required are:
1. Intersection Improvements at SR 434 and Vistawilla Drive
• 2. Intersection Improvements at SR 434 and Hayes Road
3. Roadway Improvements at SR 419 and Wade Street
4. Roadway Improvements at SR 419 and Sherry Avenue
The Consultant shall exercise their independent professional judgment in performing their
obligations and responsibilities under this Agreement.
Services provided by the Consultant shall comply with appropriate City of Winter Springs
manuals, Department of Transportation manuals, procedures, and memorandums in effect as of
the date of execution of the Agreement unless otherwise directed in writing by the City.
On a single Construction Contract, it is a conflict of interest for a professional firm to receive
compensation from both the City and the Contractor either directly or indirectly.
Other projects within the City of Winter Springs may be added at the City's discretion. The
Consultant must perform to the satisfaction of the City's representatives for consideration of
additional CEI services.
3.0 LENGTH OF SERVICE:
The Consultant's services for each Construction Contract shall begin upon written notification to
proceed by the City.
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The Consultant Senior Project Engineer will track the execution of the Construction Contract
such that the Consultant is given timely authorization to begin work. While no personnel shall be
assigned until written notification by the City has been issued, the Consultant shall be ready to
assign personnel within two weeks of notification. For the duration of the project, the Consultant
shall coordinate closely with the City and Contractor to minimize rescheduling of Consultant
activities due to construction delays or changes in scheduling of Contractor activities.
For estimating purposes, the Consultant will be allowed an accumulation of thirty (30) calendar
days to perform preliminary administrative services prior to the issuance of the Contractor's
notice to proceed on the first project and thirty (30) calendar days to demobilize after final
acceptance of the last Contract.
The anticipated letting schedules and construction times for the projects are tabulated below:
Project Estimated Construction Estimated Duration
Notice to Proceed Date (Calendar Days)
1) Intersection Improvements at September. 2009 60
SR434 and Vistawilla Drive
2) Intersection Improvements at September. 2009 60
SR434 and Hayes Road
3) Roadway Improvements at September. 2009 120
SR419 and Wade Street
3) Roadway Improvements at September. 2009 60
SR419 and Sherry Avenue
4.0 DEFINITIONS:
A. District Secretary: The Chief Executive Officer in each of the Department's eight (8)
Districts.
B. District Director of Transportation Operations: The Direct of Construction.
Maintenance, Traffic Operations, Materials, and Safety.
C. District Construction En ig Weer: The administrative head of the District's Construction
Offices.
D. District Consultant CEI Manager: The Department employee assigned to administer the
Construction Engineering and Inspection Program in the District.
E. District Final Estimates Manager: The administrative head of the District Final Estimates
Office.
F. District Contract Compliance Manager: The administrative head of the District Contract
Compliance Office.
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G. Department: The Florida Department of Transportation.
H. Cam: The City of Winter Springs.
I. Operations En ig neer: The Engineer assigned to a particular County or area to administer
Construction and Maintenance Contracts for the Department.
Resident Engineer: The Engineer assigned to a particular County or area to administer
Construction Contracts for the Department.
K. District Professional Services Administrator: The Administrative Head of the
Professional Services Office.
L. Public Information Office: The Department's office assigned to manage the Public
Information Program.
M. Engineer of Record: The Engineer on the Construction plans as the responsible person
for the design and preparation of the plans.
N. Consultant: The consulting firm under contract to the Department for administration of
Construction Engineering and Inspection services.
O. Agreement: The Professional Services Agreement between the City and the Consultant
setting for the obligations of the parties thereto, including but not limited to the
performance of the work, furnishing of services, and the basis of payment.
. P. Consultant Senior Project En ig'neer: The Engineer assigned by the Consultant to be in
charge of providing Construction Contract administration for one or more Construction
Projects. This person may supervise other Consultant employees and act as the lead
Engineer for the Consultant.
Q. Consultant Project Administrator: The employee assigned by the Consultant to be in
charge of providing Construction Contract administration services for one or more
Construction Projects.
R. Resident Compliance Specialist: The employee assigned by the Consultant to oversee
project specific compliance functions.
S. Contractor: The individual, firm, or company contracting with the City for performance
of work or furnishing of materials.
T. Construction Contract: The written agreement between the City and the Contractor
setting forth the obligations of the parties thereto, including but not limited to the
performance of the work, furnishing of labor and materials, and the basis of payment.
U. Construction Training/Qualification Prog am (CTQP): The Department program for
training and qualifying technicians in Aggregates, Concrete, Earthwork, and Asphalt.
The University of Florida Transportation Research Center (TRC) administers this
program. Program information is available at CTQP website.
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5.0 ITEMS TO BE FURNISHED BY THE CITY AND/OR FDOT CONSULTANT:
A. The City, on as needed basis, will furnish the following Construction Contract documents
for each project. These documents may be provided in either paper or electronic format.
1. Construction Plans,
2. Special Provisions,
3. Copy of the Executed Construction Contract, and
4. Utility Agency's Approved Material List (if applicable).
6.0 ITEMS FURNISHED BY THE CONSULTANT:
6.1 Department Documents:
All applicable Department documents referenced herein shall be a condition of this
Agreement. All Department documents, directives, procedures, and standard forms are
available through the Department's Internet website. Most items can be purchased
through the following address. All others can be acquired through the District Office or
on-line at Department's website.
Florida Department of Transportation
Maps and Publication Sales
605 Suwannee Street, MS 12
Tallahassee, Florida 32399-0450
Telephone No. (850) 488-9220
6.2 Field Office:
No Field Office will be required for this project.
6.3 Vehicles:
The Consultant shall supply clearly identifiable vehicles to properly administer the
construction contract. Vehicles will be equipped with appropriate safety equipment and
must be able to effectively carry out requirements of this Agreement. Vehicles shall have
the name and phone number of the consulting firm visibly displayed on both sides of the
vehicle.
6.4 Field Equipment:
The Consultant shall supply survey, inspection and testing equipment, essential in order
to carry out the work under this Agreement. Such equipment includes those non-
consumable and non-expendable items, which are normally needed for a CEI project and
are essential in order to carry out the work under this Agreement.
Hard hats shall have the name of the consulting firm visibly displayed.
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Equipment described herein and expendable materials under this Agreement will remain
the property of the Consultant and shall be removed at completion of the work.
The Consultant's handling of nuclear density gauges shall be in compliance with their
license.
The Consultant shall retain responsibility for risk of loss or damage to said equipment
during performance of this Agreement. Field office equipment shall be maintained and in
operational condition at all times.
6.5 Licensing for Equipment Operations:
The Consultant will be responsible for obtaining proper licenses for equipment and
personnel operating equipment when licenses are required. The Consultant shall make the
license and supporting documents available to the City for verification, upon request.
Radioactive Materials License for use of Surface Moisture Density Gauges shall be
obtained through the State of Florida Department of Health.
7.0 LIAISON:
The Consultant shall report to the City Engineer and keep the City Engineer informed of all
significant activities, decisions, correspondence, reports, and other communications related to its
responsibilities under this Agreement, and seek input from the City Engineer in order for the City
Engineer to oversee the Consultant's performance.
8.0 PERFORMANCE OF THE CONSULTANT:
During the term of this Ageement and all supplements thereof, the City will review various
phases of Consultant operations, such as construction inspection, materials sampling and testing,
and administrative activities, to determine compliance with this Agreement. The Consultant shall
cooperate and assist City representatives in conducting the reviews. If deficiencies are indicated,
the Consultant shall implement remedial action immediately upon the approval of the City
Engineer. City and/or FDOT recommendations and Consultant responses/actions are to be
properly documented by the Senior Project Engineer. No additional compensation shall be
allowed for remedial action taken by the Consultant to correct deficiencies. Remedial actions and
required response times may include but are not necessarily limited to the following:
A. Further subdivide assigned inspection responsibilities, reassign inspection personnel, or
assign additional inspection personnel, within one week of notification.
B. Replace personnel whose performance has been determined by the City or the
Department to be inadequate. Personnel whose performance has been determined to be
unsatisfactory shall be removed immediately.
C. Immediately increase the frequency of monitoring and inspection activities in phases of
work that are the Consultant's responsibility.
D. Increase the scope and frequency of training of the Consultant personnel.
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9.0 REQUIREMENTS:
9.1 General:
It shall be the responsibility of the Consultant to administer, monitor, and inspect the
Construction Contract such that the project is constructed in reasonable conformity with
the plans, specifications, and special provisions for the Construction Contract.
The Consultant shall observe the Contractor's work to determine the progress and quality
of work, identify discrepancies, report significant discrepancies to the City, and direct the
Contractor to correct such observed discrepancies.
The Consultant shall not have the Authority to negotiate and approve Supplemental
Agreements. All Supplemental Agreements shall be reviewed and approved by the City
prior to issuing approval to the Contractor. Minor field changes resulting in no changes to
the project cost and duration may be approved by the Consultant.
The Consultant shall advise the City Engineer of any significant omissions, substitutions,
defects, and deficiencies noted in the work of the Contractor and the corrective action
that has been directed to be performed by the Contractor. Work provided by the
Consultant shall not relieve the Contractor of responsibility for the satisfactory
performance of the Construction Contract.
9.2 Survey Control:
The Consultant shall check or establish the survey control baseline(s) along with
sufficient baseline control points and bench marks at appropriate intervals along the
project in order to: (1) make and record such measurements as are necessary to calculate
and document quantities for pay items, (2) make and record pre-construction and final
cross section surveys of the project site in those areas where earthwork (i.e.,
embankment, excavation, subsoil excavation, etc.) is part of the construction project, and
(3) perform incidental engineering surveys. The specific survey requirements for each
project will be established prior to construction by the City and FDOT.
The Consultant will provide survey services if requested by the County.
9.3 On-site Inspection:
The Consultant shall monitor the Contractor's on-site construction activities and inspect
materials entering into the work in accordance with the plans, specifications, and special
provisions for the Construction Contract to determine that the projects are constructed in
reasonable conformity with such documents. The City and/or the Department will
monitor all off-site activities and fabrication. The Consultant shall keep detailed accurate
records of the Contractor's daily operations and of significant events that affect the work.
Consultant shall be responsible for monitoring and inspection of Contractor's Work Zone
Traffic Control Plan and review of modifications to the Work Zone Traffic Control Plan,
including Alternate Work Zone Traffic Control Plan, in accordance with the
Department's procedures. Consultant employees performing such services shall be
qualified in accordance with the Department's procedure.
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9.4 Sampling and Testing:
The Consultant shall perform sampling and testing of component materials and
completed work in accordance with the Construction Contract documents. The minimum
sampling frequencies set out in the FDOT Materials Sampling, Testing and Reporting
Guide shall be met. In complying with the aforementioned guide, the Consultant shall
provide daily surveillance of the Contractor's Quality Control activities at the project site
and perform the sampling and testing of materials and completed work items that are
normally done in the vicinity of the project for verification and acceptance. The
Consultant will be responsible for Verification Testing (VT) as defined in the FDOT
Standard Specification.
The Consultant shall be specifically responsible for job control samples determining the
acceptability of all materials and completed work items on the basis of either test results
or verification of a certification, certified mill analysis, DOT label, DOT stamp, etc.
The City will monitor the effectiveness of the Consultant's testing procedures through
surveillance and obtaining and testing independent assurance samples (as needed).
Sampling, testing and laboratory methods shall be as required by the Department's
Standard Specifications, Supplemental Specifications or as modified by the Special
Provisions of the Construction Contract.
Documentation reports on sampling and testing performed by the Consultant shall be
submitted to responsible parties during the same week that the construction work is done.
The Consultant will furnish all verification testing information and data to the City and
FDOT in an acceptable format.
The Consultant shall be responsible for transporting samples to be tested to the
appropriate laboratory or appropriate local facility. The Consultant will be responsible
for coordination with the responsible laboratory.
9.5 Engineering Services:
Engineering Services include maintaining the required level of surveillance of Contractor
activities, interpreting plans, specifications, and special provisions for the Construction
Contract, maintaining complete, accurate records of all activities and events relating to
the project, and properly documenting all significant project changes. The Consultant
shall perform the following services:
(1) Schedule and attend pre-construction meeting(s) with the Contractor, City, and
FDOT.
(2) Verify that the Contractor is conducting inspections, preparing reports and
monitoring all storm water pollution prevention measures associated with the
project.
(3) Analyze problems that arise on a project and proposals submitted by the
Contractor, work to resolve such issues, and process the necessary paperwork.
•
A-7
(4) Monitor, inspect and document utility construction for conformance with Utility
Water and Sewer Agency's Standards and the Utility Agency's Approved
Materials List. Facilitate coordination and communication between Utility
Agency's representatives, City's staff and contractors in execution of the work.
Identify potential utility conflicts and assist in the resolution of utility issues.
(5) Produce reports, verify quantity calculations and field measure for payment
purposes as needed to prevent delays in Contractor operations and to facilitate
prompt processing of such information in order for the City to make timely
payment to the Contractor.
(6) Monitor each Contractor and subcontractor's compliance with specifications and
special provisions of the Construction Contract in regard to payment of
predetermined wage rates in accordance with Department and any required
federal procedures.
(7) The City will provide all required Public Information Services.
(8) Video tape the pre-construction conditions throughout the project limits. Provide
a digital photo log or video of project activities, with heavy emphasis on potential
claim items/issues and on areas of real/potential public controversy.
(9) The Consultant shall have a digital camera for photographic documentation of
pre-construction state and of noteworthy incidents or events during construction.
The taking of the photographs shall begin the day prior to the start of
construction and continue regularly throughout this project. Photographs shall be
taken the days of Conditional, Partial and Final Acceptance.
(10) Maintain a daily Construction Inspection Reports for the project.
(11) Participate in the preparation of a comprehensive tabulation of project quantities
satisfactorily completed to date. Quantities shall be based on daily records and
calculations. The tabulation will be used in verification and preparation of the
contractor's monthly pay application.
(12) Facilitate submittal of the Final Estimate and one (1) set of final "as-built plans"
documenting Contractor's work (one record set with two copies) within thirty
(30) calendar days of final acceptance.
10.0 PERSONNEL:
10.1 General Requirements:
The Consultant shall staff the project with the qualified personnel necessary to efficiently
and effectively carry out its responsibilities under this Agreement.
Unless otherwise agreed by the City, the City will not compensate straight overtime or
premium overtime for positions of Senior Project Engineer, Project Administrator, or
Contract Support Specialist.
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10.2 Personnel Qualifications:
The Consultant shall utilize only competent personnel, qualified by experience, and
education. The Consultant shall submit in writing to the City Engineer the names of
personnel proposed for assignment to the project, including a detailed resume for each
containing at a minimum salary, education and experience.
Personnel identified in the Consultant technical proposal are to be assigned as proposed
and are committed to performing services under this Agreement. Personnel changes will
require written approval from the City. Staff that has been removed shall be replaced by
the Consultant within one week of City notification.
Before the project begins, all project staff shall have a working knowledge of the current
CPAM and must possess all the necessary qualifications/certifications for obtaining the
duties of the position they hold. Cross training of the Consultant's project staff is highly
recommended to achieve a knowledgeable and versatile project inspection team but shall
not be at any additional cost to the City and should occur as workload permits. Visit the
training page on the State Construction Office website for training dates.
Minimum qualifications for the Consultant personnel are set forth as follows. Exceptions
to these minimum qualifications will be considered on an individual basis.
SENIOR PROJECT ENGINEER - A Civil Engineering degree and be registered in
the State of Florida as a Professional Engineer and six (6) years of engineering
experience [(two (2) years of which are in major road or bridge construction)] or for non-
degreed personnel the aforementioned registration and ten (10) years of engineering
experience (two (2) years of which are in major road or bridge construction).
Qualifications include the ability to communicate effectively in English (verbally and in
writing); direct highly complex and specialized construction engineering administration
and inspection program; plans and organizes the work of subordinate and staff members;
develops and/or reviews policies, methods, practices, and procedures; and reviews
programs for conformance with FDOT standards. Also must have the following:
Qualification:
FDOT Advanced MOT
Attend the CTQP Quality Control Manager course and pass the examination.
Certifications:
None
A Master's Degree in Engineering may be substituted for one (1) year engineering
experience.
PROJECT ADMINISTRATOR - A Civil Engineering degree plus two (2) years of
engineering experience in construction of major road or bridge structures, or for non-
degreed personnel eight (8) years of responsible and related engineering experience, two
(2) years of which involved construction of major road or bridge structures.
•
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Receives general instructions regarding assignments and is expected to exercise initiative
and independent judgment in the solution of work problems. Directs and assigns specific
tasks to inspectors and assists in all phases of the construction project. Will be
responsible for the progress and final estimates throughout the construction project
duration. Must have the following:
Qualifications:
FDOT Intermediate MOT
CTQP Final Estimates Level II
Other:
Attend CTQP Quality Control Manager Course and pass the examination.
A Master's Degree in Engineering may be substituted for one (1) year of engineering
experience.
CONSTRACT SUPPORT SPECIALIST - A High School diploma or equivalent and
four (4) years of road & bridge construction engineering inspection (CEI) experience
having performed/assisted in project related duties (i.e., CQR/LIMS, progress and final
estimates, EEO compliance, processing Construction Contract changes, etc.) or a Civil
Engineering. Should exercise independent judgment in planning work details and
making technical decisions related to the office aspects of the project. Should be familiar
with the Department's Procedures covering the project related duties as stated above and
be proficient in the computer programs necessary to perform these duties. Shall become
proficient in Multi-Line and Engineering Menu.
Qualifications:
CTQP Final Estimates Level II
SENIOR INSPECTOR/SENIOR ENGINEER INTERN -High school graduate or
equivalent plus four (4) years of experience in construction inspection, two (2) years of
which shall have been in bridge and/or roadway construction inspection, or a Civil
Engineering degree and one (1) year of road & bridge CEI experience with the ability to
earn additional required qualifications within one year. (Note: Senior Engineer Intern
classification requires one (1) year experience as an Engineer Intern).
Must have the following:
Qualifications:
CTQP Concrete Field Inspector Level I
CTQP Asphalt Roadway Level I
CTQP Asphalt Roadway Level II
CTQP Earthwork Construction Inspection Level I
CTQP Earthwork Construction Inspection Level II
CTQP Drilled Shaft Inspection
CTQP Grouting Technician Level I
FDOT Intermediate MOT
CTQP Final Estimates Level I
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Certifications:
Nuclear Radiation Safety
Responsible for performing highly complex technical assignments in field surveying and
construction layout, making, and checking engineering computations, inspecting
construction work, and conducting field tests and is responsible for coordinating and
managing the lower level inspectors. Work is performed under the general supervision of
the Project Administrator.
ADMINISTRATIVE ASSISTANT -Graduation from an accredited high school or
equivalent with one (1) year of experience as a resident compliance officer on a
construction project or two (2) years of assisting the compliance officer in monitoring the
project. Should have prior experience in both State funded and Federal Aid funded
construction projects with FDOT and knowledge of EEO/AA laws and FDOT's DBE and
OJT programs. Ability to analyze, collect, evaluates data, and take appropriate action
when necessary. Must attend all training workshops or meetings for Compliance as
determined necessary.
10.3 Staffing:
Once authorized, the Consultant shall establish and maintain an appropriate staff through
the duration of construction and completion of the final estimate. Responsible personnel,
thoroughly familiar with all aspects of construction and final measurements of the various
pay items, shall be available to resolve disputed final pay quantities until the appropriate
Construction Contract has been paid off.
Construction engineering and inspection forces will be required of the Consultant at all
times while the Contractor is working. If Contractor operations are substantially reduced
or suspended, the Consultant will reduce its staff appropriately.
In the event that the suspension of Contractor operations requires the removal of
Consultant forces from the project, the Consultant will be allowed ten (10) days
maximum to demobilize, relocate, or terminate such forces.
11.0 QUALITY ASSURANCE (QA) PROGRAM:
11.1 Quality Reviews:
The Consultant shall conduct semi-annual reviews to make certain his own organization
is in compliance with the requirements cited in the Scope of Services. Quality Reviews
shall be conducted to evaluate the adequacy of materials, processes, documentation,
procedures, training, guidance, and staffing included in the execution of this Agreement.
Quality Reviews shall also be developed and performed to achieve compliance with
specific QA provisions contained in this Agreement. The semi-annual reviews shall be
submitted to the City Engineer in written form no later than one (1) month after the
review.
On short duration CEI projects (nine (9) months or less), the CEI shall perform an initial
QA review within the first two (2) months of the start of construction.
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On asphalt projects, the CEI shall perform an initial QA review on its asphalt inspection
. staff after the Contractor has completed ten (10) full work days of mainline asphalt
paving operations, or 25% of the asphalt pay item amount (whichever is less) to validate
that all sampling, testing, inspection, and documentation are occurring as required of the
CEI staff.
11.2 QA Plan:
Within thirty (30) days after receiving award of an Agreement, the Consultant shall
furnish a QA Plan to the City Engineer. The QA Plan shall detail the procedures,
evaluation criteria, and instructions of the Consultant's organization for providing
services pursuant to this Agreement. Unless specifically waived, no payment shall be
made until the City approves the Consultant QA Plan.
Significant changes to the work requirements may require the Consultant to revise the
QA Plan. It shall be the responsibility of the Consultant to keep the plan current with the
work requirements. The Plan shall include, but not be limited to, the following areas:
A. Organization:
A description is required of the Consultant QA Organization and its functional
relationship to the part of the organization performing the work under the
Agreement. The authority, responsibilities and autonomy of the QA organization
shall be detailed as well as the names and qualifications of personnel in the
quality control organization.
B. Quality Reviews:
The Consultant QA shall detail the methods used to monitor and achieve
organization compliance with Agreement requirements for services and products.
C. Quality Records:
The Consultant will outline the types of records, which will be generated and
maintained during the execution of his QA program.
D. Control of Sub-consultants and Vendors:
The Consultant will detail the methods used to control sub-consultants and
vendor quality.
E. Quality Assurance Certification:
An officer of the Consultant firm shall certify that the inspection and
documentation was done in accordance with FDOT specifications, plans,
standard indexes, and Department procedures.
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11.3 Quality Records:
The Consultant shall maintain adequate records of the quality assurance actions
performed by his organization (including subcontractors and vendors) in providing
services and products under this Agreement. All records shall indicate the nature and
number of observations made, the number and type of deficiencies found, and the
corrective actions taken. These records shall be available to the City, upon request, during
the Agreement term. All records shall be kept at the primary job site and shall be subject
to audit review.
12.0 CERTIFICATION OF FINAL ESTIMATES:
12.1 Final Estimate and As-Built Plans Submittal:
Prepare documentation and records in compliance with the Agreement, Statewide Quality
Control (QC) Plan, or Consultant's approved QC Plan and the Department's Procedures.
Submit the Final Estimate(s) and one (1) set of final "as-built plans" documenting
Contractor's work (one record set with two copies) as follows:
(a) Within thirty (30) calendar days of final acceptance; or
(b) Where all items of work are complete and conditionaUpartial acceptance
is utilized (Lighting, Plant establishment, etc.) for a period exceeding
thirty (30) calendar days, the final estimate(s) will be due on the thirtieth
(30`}') day after conditional/partial acceptance. A memorandum with
documentation will be transmitted to the District Final Estimate Manager
at final acceptance detailing any necessary revisions to the pay items
covered under the conditionaUpartial acceptance.
The Consultant shall be responsible for making any revisions to the Certified Final
Estimate at no additional cost to the City.
12.2 Certification:
Consultant personnel preparing the Certified Final Estimates Package shall be CTQP
Final Estimates Level II.
Duly authorized representative of the Consultant firm will provide a notarized
certification on a form pursuant to FDOT procedures.
12.3 Offer of Final Payment:
The Consultant shall prepare the Offer of Final Payment package as outlined in Chapter
14 of the Review and Administration Manual. The package shall accompany the
Certified Final Estimates Package submitted to the DFEO. The Consultant shall be
responsible for forwarding the Offer of Final Payment Package to the Contractor, after
City approval.
A-13
13.0 AGREEMENT MANAGEMENT:
13.1 General•
(1) With each monthly invoice submittal, the Consultant Senior Project Engineer will
provide a brief Status Report for the Agreement.
(2) When the Consultant identifies a condition that will require an Amendment Request
(AR) to the Agreement, the Consultant Project Principal or Consultant Senior Project
Engineer will communicate the need to the City Engineer for review and approval.
13.2 Invoicing Instructions:
Monthly invoices shall be submitted to the City in a format and schedule defined by the
City, no later than the 20th day of the following month.
A Final Invoice will be submitted to the City no later than the 30th day following Final
Acceptance to the individual project or as requested by the City.
14.0 SUBCONSULTANT SERVICES
Upon written approval by the City Engineer, and prior to performance of work, the Consultant
may subcontract for engineering surveys, materials testing, or specialized professional services.
All sub-consultants must be FDOT pre-qualified in the area of services being performed and be
approved by the City.
• 15.0 OTHER SERVICES:
Upon written authorization by the City, the Consultant will perform additional services in
connection with the project not otherwise identified in this Agreement.
16.0 POST CONSTRUCTION CLAIMS REVIEW:
In the event the Contractor submits a claim for additional compensation and/or time after the
Consultant has completed this Agreement, the Consultant shall, upon execution by the City and
the Consultant of an Amendment to this Agreement providing for compensation for such services,
analyze the claim, engage in negotiations leading to settlement of the claim, and prepare and
process the required documentation to close out the claim. Compensation for such services will
be negotiated and effected through a Supplement to this Agreement.
17.0 CONTRADICTIONS
In the event of a contradiction between the provisions of this Scope of Services and the
Consultant's proposal is made a part of their Agreement, the provisions of the Scope of Services
shall apply.
A-14
•
18.0 THIRD PARTY BENEFICIARY
It is specifically agreed between the parties executing this Agreement that it is not intended by
any of the provisions of any part of the Agreement to create in the public or any member thereof,
a third party beneficiary hereunder, or to authorize anyone not a party to this Agreement to
maintain a claim, cause of action, lien or any other damages or any relief of any kind pursuant to
the terms or provisions of this Agreement.
19.0 CITY AUTHORITY
The City shall be the final authority in considering contract modification of the Contractor for
time, money or any other consideration.
•
A-15
WINTER SPRING~RRA PROJECTS
SUMMARY OF ESTIMATED CEI STAFFING
for
SR 434 and Vistawilla Drive
SR 434 and Hayes Road
SR 419 and Sherry Avenue
SR 419 and Wade Street
Prepared by URS Construction Services
Personnel 2009 2010 Regular Overtime Hourly Total
Name Classification Sept Oct Nov Dec Jan Feb Mn Hrs Mn Hrs Rate Labor Cost
SUMMARY pc pc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19
Charles Sukanek Sr. Project Engineer 32 32 8 8 8 8 8 8 8 8 26 26 2 2 2 2 2 2 8 8 208.0 0.0 $171.60 $35,692.80
Joe Nowicki Project Control Specialist 32 32 8 8 8 8 8 8 8 8 28 28 4 4 4 4 4 4 8 8 224.0 0.0 $70.49 $15,789.76
Russ Simcoe Sr. Inspector 16 16 8 8 8 8 8 8 8 8 20 8 8 8 8 8 8 8 24 8 204.0 0.0 $71.03 $14,490.12
Tony Sakhai Inspector (1) 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 0 0 640.0 0.0 $58.89 $37,689.60
TBD Inspector (2) 0.0 0.0 $58.89 $0.00
Zelma Byrn ClericallAdmin Asst 7 7 7 7 7 7 7 7 7 7 7 7 2 2 2 2 2 2 2 2 100.0 0.0 $67.34 $6,734.00
Asphalt Plant Inspector 12 12 4 4 4 4 40.0 0.0 $52.40 $2,096.00
Total Mn-Hrs 1376.0 0.0 $112,492.28
NOTES: Total Regular Salaries $112,492.28
CEI Start September 1, 2009 Expenses: Lump Sum Amount $0.00
Contractor Start September 15, 2009 Survey Allowance $0.00
Contractor Comp January 15, 2010 Geotechnical Services $2,550.00
CEI Complete February 1, 2010 Estimated Compensation $115,042.28
Geotechnical Services (Page One Consultants, Inc.)
Modified/Standard Proctors--18 Samples @ $85.00/Sample = $1,530.00
Concrete Compressive Strength Tests--12 Sets @ $85.00/Set of 4 = $1,020.00
Total Geotechnical Services $2,550.00
• WINTER SPRIN~ARRA PROJECTS
ESTIMATED CEI STAFFING
for
SR 434 and Vistawilla Drive
Prepared by URS Construction Services
Personnel 2009 Regular Overtime Hourly Total
Name Classification Sept Oct Nov Dec Mn Hrs Mn Hrs Rate Labor Cos
Vistawilla Drive pc pc 1 2 3 4 5 6 7 8 pc pc
Charles Sukanek Sr. Project Engineer 8 8 2 2 2 2 2 2 2 2 8 8 48.0 0.0 $171.60 $8,236.80
Joe Nowicki Project Control Specialist 8 8 2 2 2 2 2 2 2 2 8 8 48.0 0.0 $70.49 $3,383.52
Russ Simcoe Sr. Inspector 4 4 2 2 2 2 2 2 2 2 4 28.0 0.0 $71.03 $1,988.84
Sakhai, Tony
TBD Inspector (1)
Inspector (2) 10 10 10 10 10 10 10 10 80.0
0.0 0.0
0.0 $58.89
$58.89 $4,711.20
$0.00
Zelma Byrn Clerical/Admin Asst
Asphalt Plant Inspector 2 2 2 2 2 2 2 2 2
4 2
4 2 2 24.0
8.0 0.0
0.0 $67.34
$52.40 $1,616.16
$419.20
Total Mn-Hrs 228.0 0.0 $20,355.72
NOTES:
CEI Start September 1, 2009
Contractor Start September 15, 2009
Contractor Comp November 15, 2009
CEI Complete December 1, 2009
Geotechnical Services (Page One Consultants, Inc.)
Modified/Standard Proctors--3 Samples @ $85.00/Sample = $255.00
Concrete Compressive Strength Tests--5 Sets @ $85.00/Set of 4 = $425.00
Total Geotechnical Services $680.00
Total Regular Salaries $20,355.72
Expenses: Lump Sum Amount $0.00
Survey Allowance $0.00
Geotechnical Services & Offsite Inspection $680.00
Estimated Compensation $21,035.72
WINTER SPRIN~ARRA PROJECTS •
ESTIMATED CEI STAFFING and COSTS
for
SR 434 and Hayes Road
Prepared by URS Construction Services
Personnel 2009 Regular Overtime Hourly Total
Name Classification Sept Oct Nov Dec Mn Hrs Mn Hrs Rate Labor Cos
Hayes Road pc pc 1 2 3 4 5 6 7 8 pc pc
Charles Sukanek Sr. Project Engineer 8 8 2 2 2 2 2 2 2 2 8 8 48.0 0.0 $171.60 $8,236.80
Joe Nowicki Project Control Specialist 8 8 2 2 2 2 2 2 2 2 8 8 48.0 0.0 $70.49 $3,383.52
Russ Simcoe Sr. Inspector 4 4 2 2 2 2 2 2 2 2 4 28.0 0.0 $71.03 $1,988.84
Tony Sakhai
TBD Inspector (1)
Inspector (2) 10 10 10 10 10 10 10 10 80.0
0.0 0.0
0.0 $58.89
$58.89 $4,711.20
$0.00
Zelma Byrn ClericallAdmin Asst
Asphalt Plant Inspector 2 2 2 2 2 2 2 2 2
4 2
4 2 2 24.0
8.0 0.0
0.0 $67.34
$52.40 $1,616.16
$419.20
Total Mn-Hrs 228.0 0.0 $20,355.72
NOTES: Total Labor $20,355.72
CEI Start September 1, 2009 Expenses: Lump Sum Amount $0.00
Contractor Start September 15, 2009 Survey Allowance $0.00
Contractor Comp November 15, 2009 Geotechnical Services $680.00
CEI Complete December 1, 2009 Estimated Compensation $21,035.72
Geotechnical Services (Page One Consultants, Inc.)
Modified/Standard Proctors--3 Samples @ $85.00/Sample = $255.00
Concrete Compressive Strength Tests--5 Sets @ $85.00/Set of 4 = $425.00
Total Geotechnical Services $680.00
WINTER SPRIN~ARRA PROJECTS •
ESTIMATED CEI STAFFING and COSTS
for
SR 419 and Sherry Avenue
Prepared by URS Construction Services
Personnel 2009 Regular Overtime Hourly Total
Name Classification Sept Oct Nov Dec Mn Hrs Mn Hrs Rate Labor Cos
Sherry Ave pc pc 1 2 3 4 5 6 7 8 pc pc
Charles Sukanek Sr. Project Engineer 8 8 2 2 2 2 2 2 2 2 8 8 48.0 0.0 $171.60 $8,236.80
Joe Nowicki Project Control Specialist 8 8 2 2 2 2 2 2 2 2 8 8 48.0 0.0 $70.49 $3,383.52
Russ Simcoe Sr. Inspector 4 4 2 2 2 2 2 2 2 2 4 28.0 0.0 $71.03 $1,988.84
Tony Sakhai Inspector (1) 10 10 10 10 10 10 10 10 80.0 0.0 $58.89 $4,711.20
TBD Inspector (2) 0.0 0.0 $58.89 $0.00
Zelma Byrn ClericallAdmin Asst 2 2 2 2 2 2 2 2 2 2 2 2 24.0 0.0 $67.34 $1,616.16
Asphalt Plant Inspector 4 4 8.0 0.0 $52.40 $419.20
Total Mn-Hrs 228.0 0.0 $20,355.72
NOTES: Total Labor $20,355.72
CEI Start September 1, 2009 Expenses: Lump Sum Amount $0.00
Contractor Start September 15, 2009 Survey Allowance $0.00
Contractor Comp November 15, 2009 Geotechnical Services & Offsite Inspection $340.00
CEI Complete December 1, 2009 Estimated Compensation $20,695.72
Geotechnical Services (Page One Consultants, Inc.)
Modified/Standard Proctors--3 Samples @ $85.00/Sample = $255.00
Concrete Compressive Strength Tests--1 Sets @ $85.00/Set of 4 = $85.00
Total Geotechnical Services $340.00
• •
ESTIMATED CEI STAFFING
for
SR 419 and Wade Street
Prepared by URS Construction Services
2010 Regular Overtime Hourly Total
Personnel 2009
Name Classification ~ Sept Oct Nov Dec Jan Feb Mn Hrs Mn Hrs Rate Labor Cos
Wade Street pc pc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 pc pc 19
Sukanek, Charles Sr. Project Engineer 8 8 Z 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 8 8 64.0 0.0 $171.60 $10,982.40
Joe Nowicki Project Control Specialist 8 8 2 2 2 2 2 2 2 2 4 4 4 4 4 4 4 4 8 8 80.0 0.0 $70.49 $5,639.20
Russ
Simco Sr. Inspector 4 4 2 2 2 2 2 2 2 2 8 8 8 8 8 8 8 8 24 8 120.0 0.0 $71.03 $8,523.60
,
Sakhai,Tony Inspector (1) 10 10 10 10 10 10 10 10 40 40 40 40 40 40 40 40 400.0 0.0 $58.89 $23,556.00
TBD Inspector (2) 0.0 0.0 $58.89 $0.00
Zelma Byrn Clerical/Admin Asst 1 1 1 1 1 1 1 1 1 1 1 1 2 2 2 2 2 2 2 2 28.0 0.0 $67.34 $1,885.52
Asphalt Plant Inspector 4 4 4 4 16.0 0.0 $52.40 $838.40
Total Mn-Hrs 692.0 0.0 $51,425.12
Total Regular Salaries $51,425.12
NOTES:
CEI Start September 1, 2009 Expenses: Lump Sum Amount $0.00
Contractor Start September 15, 2009 Survey Allowance $0.00
Contractor Comp January 15, 2010 Geotechnical Services $850.00
CEI Complete February 1, 2010 Estimated Compensation $52,275.12
Geotechnical Services (Page One Consultants, Inc.)
Modified/Standard Proctors--9 Samples @ $85.00/Sample = $765.00
•
Concrete Compressive Strength Tests--1 Sets @ $85.00/Set of 4 = $85.00
Total Geotechnical Services $850.00
AGREEMENT FOR
ENGINEERING SERVICES
THIS AGREEMENT is made and entered into this It day of Ava)Gt 'r 2009, by
and between the CITY OF WINTER SPRINGS, FLORIDA, a Florida Municipal Corporation
"City located at 1126 E. State Road 434, Winter Springs, Florida 32708, and URS
CONSTRUCTION SERVICES, INC., a foreign corporation, authorized to conduct business in the
State of Florida, whose address is 1 �-y�
94111 ("Engineer 7 &50 V�� Cows rv\eL C&vn of? (5 W� j S 7° ?I bl
J a rre R 3 X107+
WITNESSETH:
WHEREAS, City has a need to obtain construction engineering and inspection services for
intersection improvements at various locations throughout the City; and
WHEREAS, the City has followed the selection and negotiation process set forth in the
Florida's Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes; and
WHEREAS, Engineer participated in the selection and negotiation process; and
WHEREAS, Engineer is willing to provide such construction engineering and inspection
services to the City under the terms and conditions stated herein.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the parties covenant and agree as follows:
1.0 TERM AND DEFINITIONS
1.1 This Agreement shall become effective on the Effective Date and shall remain in
effect until the Engineer completes the services required by this Agreement to the full and complete
satisfaction of the City.
1.2 Definitions. The following words and phrases used in this Agreement shall have the
following meaning ascribed to them unless the context clearly indicates otherwise:
a. "Agreement" or "Contract" shall be used interchangeably and shall refer to this
Agreement, as amended from time to time, which shall constitute authorization for the Engineer to
provide the construction engineering and inspection services set forth herein.
b. "Effective Date" shall be the date on which the last signatory hereto shall execute this
Agreement, and it shall be the date on which this Agreement shall go into effect. The Agreement
shall not go into effect until said date.
Agreement for Engineering Services
City of Winter Springs and URS Construction Services, Inc.
1
c. "Engineer" shall mean URS Construction Services, Inc., and its principals, employees,
resident project representatives (and assistants).
d. "Public Record" shall have the meaning given in Section 119.011(11), Florida
Statutes.
e. "Reimbursable Expenses" shall mean the actual expenses incurred by Engineer or
Engineer's independent professional associates and consultants which are directly related to travel
and subsistence at the rates, and under the requirements of section 112.061, Florida Statutes, or any
other actual and direct expenses the City agrees to reimburse pursuant to this Agreement.
f. "Work" or "Services" shall be used interchangeably and shall include the performance
of the work agreed to by the parties pursuant to this Agreement.
1.3 Engagement. The City hereby engages the Engineer and Engineer agrees to perform
the Services outlined in this agreement for the stated fee arrangement. No prior or present
representations shall be binding upon any of the parties hereto unless incorporated in this Agreement.
2.0 DESCRIPTION OF SERVICES
2.1 The scope of services under this Agreement is set forth in EXHIBIT "A
2.2 Upon receipt of the signed written notice to proceed from the City, the Engineer shall
perform the services set forth herein.
2.3 The City reserves the right, at its discretion, to perform any services related to this
Agreement or to retain the services of other engineering companies to provide professional
engineering services.
3.0 CHANGES IN THE SCOPE OF WORK
3.1 City may make changes in the Services at any time by giving written notice to
Engineer. If such changes increase (additional services) or decrease or eliminate any amount of
Work, City and Engineer will negotiate any change in total cost or schedule modifications. If the
City and the Engineer approve any change, the scope of services will be modified in writing to reflect
the changes; and Engineer shall be compensated for said services in accordance with the terms of
Article 5.0 herein. All change orders shall be authorized in writing by City's and Engineer's
designated representative.
3.2 All of City's said Task Orders and amendments thereto shall be performed in strict
accordance with the terms of this Agreement insofar as they are applicable.
Agreement for Engineering Services
City of Winter Springs and URS Construction Services, Inc.
2
4.0 SCHEDULE
4.1 Engineer shall perform services in conformance with the mutually agreed schedule set
forth in EXHIBIT "A" or as provided in writing after the Effective Date. Engineer shall keep City
apprised of the status of work on at least a monthly basis or as otherwise reasonably requested by the
City.
4.2 No extension for completion of services shall be granted to Engineer without City's
prior written consent, except as provided in Sections 3.1 and 19.1 herein.
4.3 Any cost caused by defective or ill -timed services shall be borne by the party
responsible therefore.
5.0 METHODS OF PAYMENT FOR SERVICES AND EXPENSES OF
ENGINEER
5.1 Compensation. For the performance and full completion of the Services specified
herein, the City and Engineer agree that the Engineer shall be paid at the hourly rates set forth in
EXHIBIT "A inclusive of all Services, materials, and expenses directly related to the Services.
The compensation due to Engineer under this Agreement shall in no event exceed One Hundred
Fifteen Thousand Forty -Two and 48/100 Dollars ($115,042.48). There shall be no other
compensation due Engineer for the Services provided under this Agreement, unless specifically
agreed to by the City in writing. Engineer shall be compensated upon the full completion of the
Services, or in periodic installments as set forth in EXHIBIT "A All services, materials and
expenses submitted for payment shall be eligible for reimbursement by FDOT under the applicable
Local Agency Program Agreement.
5.2 Florida Prompt Payment Act. Upon the City's receipt of a proper invoice pursuant
to this Agreement, payment shall be due and payable as provided by the Florida Prompt Payment Act
s.218.70 et. seq., Florida Statutes.
5.3 Miscellaneous. Under no circumstances shall actual or direct costs under this
Agreement include costs associated with in efficiency, offsite or home office overhead, loss of
productivity, consequential damages, legal or consulting costs, or costs associated with delays caused
in whole or in part by the Engineer.
5.4 Errors and Deficiencies. Engineer shall not invoice the City or seek any
compensation from the City to correct or revise any errors or deficiencies in Engineer's services
provided under this Agreement.
5.5 Payment Offsets. To the extent that Engineer owes the City any money under this or
Agreement for Engineering Services
City of Winter Springs and URS Construction Services, Inc.
3
any other Agreement with the City, the City shall have the right to withhold payment and otherwise
back charge the Engineer for any money owed to the City by Engineer.
5.6 Payment not Waiver. The City's payment of any invoice under this Agreement
shall not be construed or operate as a waiver of any rights under this Agreement or any cause of
action arising out of the performance of this Agreement and Engineer shall remain liable to the City
in accordance with applicable law for all damages to the City caused by Engineer's performance of
any services provided under this Agreement.
5.7 Delay Remedy. The risk of any monetary damages caused by any delays in
performing the Services under this Agreement are accepted and assumed entirely by the Engineer,
and in no event shall any claim relating thereto for an increase in compensation be made or
recognized. Engineer shall not make any claim nor seek any damages of any kind against the City
for any delays, impacts, disruption or interruption caused by any delay. Engineer's remedy for a
delay shall be an equitable extension of time to perform the Services for each day of such delay that
impacts the critical path of the schedule established under this Agreement.
6.0 RIGHT TO INSPECTION
6.1 City or its affiliates shall at all times have the right to review or observe the Services
performed by Engineer.
6.2 No inspection, review, or observation shall relieve Engineer of its responsibility under
this Agreement.
7.0 PROGRESS MEETING
7.1 City's designated Project Manager may hold periodic progress meetings on a monthly
basis, or more frequently if required by the City, during the term of any Task Order entered into
under this Agreement. Engineer's Project Manager and all other appropriate personnel shall attend
such meetings as designated by City's Project Manager.
8.0 SAFETY
8.1 Engineer shall be solely and absolutely responsible and assume all liability for the
safety and supervision of its principals, employees, resident project representatives (and assistants)
while performing Services provided hereunder.
9.0 REASONABLE ACCESS
9.1 During the term of this Agreement, City shall grant Engineer reasonable access to the
City's premises, records, and files for purposes of fulfilling its obligations under this Agreement.
Agreement for Engineering Services
City of Winter Springs and URS Construction Services, Inc.
4
10.0 INSURANCE
10.1 Liability Amounts. During the term of this Agreement, Engineer shall be
responsible for providing the types of insurance and limits of liability as set forth below.
a. Professional Liability. Proof of professional liability insurance shall be provided to
the City for the minimum amount of $1,000,000 as the combined single limit per claim and
$1,000,000 in the aggregate.
b. The Engineer shall maintain comprehensive general liability insurance in the
minimum amount of $1,000,000 as the combined single limit for each occurrence to protect the
Engineer from claims of property damages and personal injury which may arise from any Services
performed under this Agreement whether such Services are performed by the Engineer or by anyone
directly employed by or contracting with the Engineer.
c. The Engineer shall maintain comprehensive automobile liability insurance in the
minimum amount of $1,000,000 combined single limit bodily injury and minimum $50,000 property
damage as the combined single limit for each occurrence to protect the Engineer from claims for
damages for bodily injury, including wrongful death, as well as from claims from property damage,
which may arise from the ownership, use, or maintenance of owned and non -owned automobiles,
including rented automobiles whether such operations be by the Engineer or by anyone directly or
indirectly employed by the Engineer.
d. The Engineer shall maintain, during the life of this Agreement, adequate Workers'
Compensation Insurance and Employers' Liability Insurance in at least such amounts as are required
by law for all of its employees performing Work for the City pursuant to this Agreement.
10.2 Special Requirements. Current, valid insurance policies meeting the requirements
herein identified shall be maintained during the term of this Agreement. Renewal certificates shall
be sent to the City thirty (30) days prior to any expiration date. There shall also be a thirty (30) day
advance written notification to the City in the event of cancellation or modification of any stipulated
insurance coverage. The City shall be an additional named insured on stipulated insurance
policies included in article 10.1.b and 10.1.c herein, as its interest may appear, from time to time.
10.3 The insurance required by this Agreement shall include the liability and coverage
provided herein, or as required by law, whichever requirements afford greater coverage. All of the
policies of insurance so required to be purchased and maintained shall contain a provision or
endorsement that the coverage afforded will not be canceled, materially changed or renewal refused
until at least thirty (30) days' prior written notice has been given to the City, and the Engineer by
certified mail, return receipt requested. All such insurance shall remain in effect until final payment.
In the event that the Engineer shall fail to comply with the foregoing requirement, the City is
Agreement for Engineering Services
City of Winter Springs and URS Construction Services, Inc.
5
authorized, but in no event shall be obligated, to purchase such insurance, and the City may bill the
Engineer. The Engineer shall immediately forward funds to the City in full payment for said
insurance. It is expressly agreed that neither the provision of the insurance referred to in this
Agreement nor the City's acceptance of the terms, conditions or amounts of any insurance policy
shall be deemed a warranty or representation as to adequacy of such coverage. All insurance
coverage shall be with insurer(s) rated as A+ by Best's Rating Guide (or equivalent rating and rating
service as reasonably determined by the City Manager) and licensed by the State of Florida to engage
in the business of writing of insurance or provided through the London Market for Professional
Liability Insurance. Unless agreed to by the City to the contrary, the City shall be named on the
insurance policies included in article 10.l.b and 10.1.c as "additional insured." The Engineer shall
cause its insurance carriers, prior to the effective date of this agreement to furnish insurance
certificates specifying the types and amounts of coverage in effect pursuant hereto, the expiration
dates of such policies, and a statement that no insurance under such policies will be canceled without
thirty (30) days' prior written notice to the City in compliance with other provisions of this
Agreement. Further copies of all relevant policies will be provided to the City within thirty (30) days
of the effective date of this agreement. If the City has any objection to the coverage afforded by or
other provision of the insurance required to be purchased and maintained by the Engineer in
accordance with this Article on the basis of its not complying with the Agreement, the City shall
notify the Engineer in writing thereof within thirty (30) days of the date of delivery of such
certificates to the City. For all Work performed pursuant to this Agreement, the Consultant shall
continuously maintain such insurance in the amounts, type, and quality as required by the
Agreement.
10.4 Independent Associates and Consultants. All independent associates and
consultants employed by Engineer to perform any Services hereunder shall fully comply with the
insurance provisions contained in this paragraph.
11.0 COMPLIANCE WITH LAWS AND REGULATIONS
11.1 Engineer shall comply with all requirements of federal, state, and local laws, rules,
regulations, standards, and /or ordinances applicable to the performance of Services under this
Agreement.
12.0 REPRESENTATIONS
12.1 Engineer represents that the Services provided hereunder shall conform to all
requirements of this Agreement shall be consistent with recognized and sound engineering practices
and procedures; and shall conform to the customary standards of care, skill, and diligence
appropriate to the nature of the Services rendered. Engineer shall perform as expeditiously as is
consistent with professional skill and care and the orderly progress of the Services performed
hereunder. Engineer's services shall be consistent with the time periods established under this
Agreement. Engineer shall provide City with a written schedule for Services performed and such
Agreement for Engineering Services
City of Winter Springs and URS Construction Services, Inc.
6
schedule shall provide for ample time for the City to reviews, for the performance of consultants (if
any), and for the approval of submissions by authorities having jurisdiction over the Services. The
Engineer's designated representative shall have the authority to act on Engineer's behalf with respect
to the Services. In addition, Engineer's representative shall render decisions in a timely manner in
order to avoid unreasonable delay in the orderly and sequential progress of the Services. Except with
the City's knowledge and consent, the Engineer shall not engage in any activity, or accept any
employment, interest or contribution that would reasonably appear to compromise the Engineer's
professional judgment with respect to the Services. The Engineer shall review laws, codes, and
regulations applicable to Engineer's Services. The Engineer's services and design shall comply with
all applicable requirements unposed by all public authorities. The Engineer represents and warrants
that it is familiar with, and accepts that it will perform the Services hereunder in a manner that
complies with all applicable requirements of law, codes, and regulations. Engineer shall be
responsible for the professional quality, technical accuracy and the coordination of all plans, studies,
reports and other services furnished to the City under this Agreement. Unless this Agreement is
terminated by the City, or terminated by Engineer for nonpayment of any proper invoices, or the City
exercises its rights to perform the Services pursuant to under Paragraph 2.0 herein, Engineer shall be
responsible for the satisfactory and complete execution of the Services described in this Agreement.
The Engineer represents that it has carefully examine the scope of services required by this
Agreement, that it has investigated the essential requirements of the services required by this
Agreement, and that it will has sufficient personnel, equipment, and material at its disposal top
complete the services set forth in this Agreement in a good professional and workmanlike manner in
conformance with the requirements of this Agreement.
12.2 Engineer represents that all principals, employees, and other personnel furnishing
such Services shall be qualified and competent to perform the Services assigned to them and that
such guidance given by and the recommendations and performance of such personnel shall reflect
their best professional knowledge and judgment.
13.0 GUARANTEE AGAINST INFRINGEMENT
13.1 Engineer guarantees that all Services performed under this Agreement shall be free
from claims of patent, copyright, and trademarks infringement. Notwithstanding any other provision
of this Agreement, Engineer shall indemnify, hold harmless, and defend City, its officers, directors,
employees, agents assigns, and servants from and against any and all liability, including expenses,
legal or otherwise, for actual or alleged infringement of any patent, copyright, or trademark resulting
from the use of any goods, Services, or other item provided under this Agreement. Notwithstanding
the foregoing, Engineer may elect to provide non infringing services.
14.0 DOCUMENTS
14.1 Public Records. It is hereby specifically agreed that any record, document,
computerized information and program, audio or video tape, photograph, or other writing of the
Agreement for Engineering Services
City of Winter Springs and URS Construction Services, Inc.
7
Engineer and its independent contractors and associates related, directly or indirectly, to this
Agreement, shall be deemed to be a Public Record whether in the possession or control of the City or
the Engineer. Said record, document, computerized information and program, audio or video tape,
photograph, or other writing of the Engineer is subject to the provisions of Chapter 119, Florida
Statutes, and may not be destroyed without the specific written approval of the City's City manager.
Upon request by the City, the Engineer shall promptly supply copies of said public records to the
City. All books, cards, registers, receipts, documents, and other papers in connection with this
Agreement shall at any and all reasonable times during the normal working hours of the Engineer be
open and freely exhibited to the City for the purpose of examination and /or audit.
a. Reuse of Documents. All documents, including but not limited to, drawings,
specifications, and data, or programs stored electronically or otherwise, prepared by the Engineer and
its independent contractors and associates pursuant to this Agreement or related exclusively to the
Services described herein shall be owned by the City and may be reused by the City for any reason or
purpose at anytime. However, the City agrees that the aforesaid documents are not intended or
represented to be suitable for reuse by the City or others on any undertaking other than the Work
outlined in this Agreement. Any reuse for an undertaking other than for the Work without
verification or adaptation by the Engineer, or its independent contractors and associates if necessary,
to specific purposes intended will be at the City's sole risk and without liability or legal exposure to
the Engineer.
b. Ownership of Documents. The City and the Engineer agree that upon payment of
fees due to the Engineer by the City for a particular design, report, inventory list. compilation,
drawing, specification, model, recommendation, schedule or otherwise. said design, report, inventory
list, compilation, drawing, specification, technical data, recommendation, model, schedule and other
instrument produced by the Engineer in the performance of this Agreement, or any Work hereunder,
shall be the sole property of the City, and the City is vested with all rights therein. The Engineer
waives all rights of copyright in said design, report, inventory list, compilation, drawing,
specification, technical data, recommendation, model, schedule and other instrument produced by the
Engineer in the performance of this Agreement, and hereby assigns and conveys the same to the City
whether in the possession or control of the Engineer or not.
c. Preexisting Ownership Rights to Documents. Notwithstanding any provisions
to the contrary contained in this Agreement, Engineer shall retain sole ownership to its preexisting
information not produced and paid for by the City under this Agreement including, but not limited to
computer programs, software, standard details, figures, templates and specifications.
15.0 ASSIGNMENT
15.1 Engineer shall not assign or subcontract this Agreement, any Task Order hereunder,
or any rights or any monies due or to become due hereunder without the prior, written consent of
City.
Agreement for Engineering Services
City of Winter Springs and URS Construction Services, Inc.
8
15.2 If upon receiving written approval from City, any part of this Agreement is
subcontracted by Engineer, Engineer shall be fully responsible to City for all acts and /or omissions
performed by the subcontractor as if no subcontract had been made.
15.3 If City determines that any subcontractor is not performing in accordance with this
Agreement, City shall so notify Engineer who shall take immediate steps to remedy the situation.
15.4 If any part of this Agreement is subcontracted by Engineer, prior to the
commencement of any Work by the subcontractor, Engineer shall require the subcontractor to
provide City and its affiliates with insurance coverage as set forth by the City.
16.0 INDEPENDENT CONTRACTOR
16.1 At all times during the term of this Agreement, Engineer shall be considered an
independent contractor and not an employee of the City.
17.0 DEFAULT BY ENGINEER AND CITY'S REMEDIES
17.1 The City reserves the right to revoke and terminate this Agreement and rescind all
rights and privileges associated with this Agreement, without penalty, in the following
circumstances, each of which shall represent a default and breach of this Agreement:
17.2 Engineer defaults in the performance of any material covenant or condition of this
Agreement and does not cure such other default within thirty (30) calendar days after written notice
from the City specifying the default complained of, unless, however, the nature of the default is such
that it cannot, in the exercise of reasonable diligence, be remedied within thirty (30) calendar days, in
which case the Engineer shall have such time as is reasonably necessary to remedy the default,
provided the Engineer promptly takes and diligently pursues such actions as are necessary therefore;
or
17.3 Engineer is adjudicated bankrupt or makes any assignment for the benefit of creditors
or Engineer becomes insolvent, or is unable or unwilling to pay its debts; or
17.4 Engineer has acted grossly negligent, as defined by general and applicable law, in
performing the Services hereunder; or
17.5 Engineer has committed any act of fraud upon the City; or
17.6 Engineer has made a material misrepresentation of fact to the City while performing
its obligations under this Agreement.
Agreement for Engineering Services
City of Winter Springs and URS Construction Services, Inc.
9
17.7 Engineer has assigned this Agreement or any Task Order without the City's prior
written consent.
17.8 Notwithstanding the aforementioned, in the event of a default by Engineer, the City
shall have the right to exercise any other remedy the City may have by operation of law, without
limitation, and without any further demand or notice.
18.0 TERMINATION
18.1 Notwithstanding any other provision of this Agreement, City may, upon written notice
to Engineer, terminate this Agreement, without penalty, if: (a) Engineer is in default pursuant to
paragraph 17.0 Default; (b) Engineer makes a general assignment for the benefit of its creditors; (c)
Engineer fails to comply with any condition or provision of this Agreement; or (d) Engineer is
experiencing a labor dispute which threatens to have a substantial, adverse impact upon performance
of this Agreement without prejudice to any other right or remedy City may have under this
Agreement. In addition, either party may terminate for convenience with no penalty at any time upon
thirty (30) days advance written notice. In the event of such termination, City shall be liable only for
the payment of all unpaid charges, determined in accordance with the provisions of this Agreement,
for Work properly performed prior to the effective date of termination.
19.0 FORCE MAJEURE
19.1 Any delay or failure of either party in the performance of its required obligations
hereunder shall be excused if and to the extent caused by acts of God; fire; flood; windstorm;
explosion; riot; war; sabotage; strikes; extraordinary breakdown of or damage to City's affiliates'
generating plants, their equipment, or facilities; court injunction or order; federal and /or state law or
regulation; order by any regulatory agency; or cause or causes beyond the reasonable control of the
party affected; provided that prompt notice of such delay is given by such party to the other and each
of the parties hereunto shall be diligent in attempting to remove such cause or causes. If any
circumstance of Force Majeure remains in effect for sixty days, either party may terminate this
Agreement.
20.0 GOVERNING LAW VENUE
20.1 This Agreement is made and shall be interpreted, construed, governed, and enforced
in accordance with the laws of the State of Florida. Venue for any state action or litigation shall be
Seminole County, Florida. Venue for any federal action or litigation shall be Orlando, Florida.
21.0 HEADINGS
21.1 Paragraph headings are for the convenience of the parties only and are not to be
construed as part of this Agreement.
Agreement for Engineering Services
City of Winter Springs and URS Construction Services, Inc.
10
22.0 SEVERABILITY
22.1 In the event any portion or part of thereof this Agreement is deemed invalid, against
public policy, void, or otherwise unenforceable by a court of law, the parties shall negotiate an
equitable adjustment in the affected provision of this Agreement. The validity and enforceability of
the remaining parts of this Agreement shall otherwise by fully enforceable.
23.0 WAIVER AND ELECTION OF REMEDIES
23.1 Waiver by either party of any terms or provision of this Agreement shall not be
considered a waiver of that term, condition, or provision in the future.
23.2 No waiver, consent, or modification of any of the provisions of this Agreement shall
be binding unless in writing and signed by a duly authorized representative of each party hereto.
24.0 THIRD PARTY RIGHTS
24.1 Nothing in this Agreement shall be construed to give any rights or benefits to anyone
other than City and Engineer.
25.0 PROHIBITION AGAINST CONTINGENT FEES
25.1 Engineer warrants that it has not employed or retained any company or person, other
than a bona fide employee working solely for the Engineer, to solicit or secure this Agreement, and
that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than
a bona fide employee working solely for the Engineer, any fee, commission, percentage, gift, or other
consideration contingent upon or resulting from the award or making of this Agreement.
26.0 ENTIRE AGREEMENT
26.1 This Agreement, including any Task Orders and Schedules, Attachments, Appendix's
and Exhibits attached hereto, constitute the entire agreement between City and Engineer with respect
to the Services specified and all previous representations relative thereto, either written or oral, are
hereby annulled and superseded.
27.0 NO JOINT VENTURE
27.1 Nothing herein shall be deemed to create a joint venture or principal -agent
relationship between the parties and neither party is authorized to, nor shall either party act toward
third persons or the public in any manner which would indicate any such relationship with the other.
Agreement for Engineering Services
City of Winter Springs and URS Construction Services, Inc.
11
28.0 ATTORNEY'S FEES
28.1 Should either party bring an action to enforce any of the terms of this Agreement, the
prevailing party shall be entitled to recover from the non prevailing party the costs and expenses of
such action including, but not limited to, reasonable attorneys' fees, whether at settlement, trial or on
appeal.
29.0 COUNTERPARTS
29.1 This Agreement may be executed in any number of counterparts, each of which when
so executed and delivered shall be considered an original agreement; but such counterparts shall
together constitute but one and the same instrument.
30.0 DRAFTING
30.1 City and Engineer each represent that they have both shared equally in drafting this
Agreement and no party shall be favored or disfavored regarding the interpretation of this Agreement
in the event of a dispute between the parties.
31.0 NOTICE
31.1 Any notices required to be given by the terms of this Agreement shall be delivered by
hand or mailed, postage prepaid to:
For Engineer:
C) )4. Crv:
URS Construction Services, Inc. 6
th
c.,5vtri
F Tu u, EL 3 o7
or City: lcA
City of Winter Springs
Attention: Brian Fields, City Engineer
1126 E. State Road 434
Winter Springs, Florida 32708
(407) 327 -5989 FAX: (407) 327 -6695
Agreement for Engineering Services
City of Winter Springs and URS Construction Services, Inc.
12
31.2 Either party may change the notice address by providing the other party written notice
of the change.
32.0 SOVEREIGN IMMUNITY
32.1 Notwithstanding any other provision set forth in this Agreement, nothing contained in
this Agreement shall be construed as a waiver of the City's right to sovereign immunity under
section 768.28, Florida Statutes, or other limitations imposed on the City's potential liability under
state or federal law. As such, the City shall not be liable under this Agreement for punitive damages
or interest for the period before judgment. Further, the City shall not be liable for any claim or
judgment, or portion thereof, to any one person for more than one hundred thousand dollars
($100,000.00), or any claim or judgment, or portion thereof, which, when totaled with all other
claims or judgments paid by the State or its agencies and subdivisions arising out of the same
incident or occurrence, exceeds the sum of two hundred thousand dollars ($200,000.00). This
paragraph shall survive termination of this Agreement.
33.0 CORPORATE REPRESENTATIONS BY ENGINEER
33.1 Engineer hereby represents and warrants to the City the following:
a. Engineer is duly registered and licensed to do business in the State of Florida and is in
good standing under the laws of Florida, and is duly qualified and authorized to carry on the
functions and operations set forth in this Agreement.
b. The undersigned representative of Engineer has the power, authority, and legal right
to execute and deliver this Agreement on behalf of Engineer.
34.0 INDEMNIFICATION
34.1 Engineer shall indemnify and hold harmless the City, and its officers (including its
City Attorneys) and employees, from liabilities, damages, losses, and costs, including, but not
limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or
intentionally wrongful conduct of the Engineer and other persons employed by the Engineer in the
performance of the Agreement and any Task Order.
34.2 Engineer shall also indemnify and hold harmless the City, and its officers (including
its City Attorneys) and employees, from liabilities, damages, losses, and costs, including, but not
limited to, reasonable attorney's fees, to the extent caused by Engineer's breach and caused by other
persons employed by the Engineer in the performance of the Agreement and any Task Order.
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City of Winter Springs and URS Construction Services, Inc.
13
The indemnity provisions set forth in Paragraphs 34.1 and 34.2 shall be considered separate
and independent indemnity provisions.
35.0 ADDITIONAL ASSURANCES
35.1 The Engineer for itself and its Subconsultants, if any, certifies that:
a. No principal (which includes officers, directors, or executive) or individual holding a
professional license and performing work under this Agreement is presently debarred, suspended,
proposed for debarment, declared ineligible or voluntarily excluded from participation in any
architecture, landscape architecture, engineering, or surveying activity by any Federal, State, or local
governmental commission, department, corporation, subdivision, or agency;
b. No principal (which includes officers, directors, or executive) or individual holding a
professional license and performing work under this Agreement, employee, or agent has employed or
otherwise provided compensation to, any employee or officer of the City; and;
c. No principal (which includes officers, directors, or executive) or individual holding a
professional license and performing work under this Agreement, employee, or agent has willfully
offered an employee or officer of the City any pecuniary or other benefit with the intent to influence
the employee or officer's official action or judgment.
d. The undersigned is authorized to execute this Agreement on behalf of the Engineer
and said signature shall bind the Engineer to this Agreement. No further action is required by the
Engineer to enter into this Agreement other than Engineer's undersigned representative execution of
the Agreement.
36.0 CONFLICTS. In the event of a conflict between any provision of this Agreement
and any attachment or exhibit attached hereto, the provisions of this Agreement shall prevail unless
the attachment or exhibit expressly provides otherwise by making specific reference to the paragraph
and provision of this Agreement that is being replaced or modified.
IN WITNESS WHEREOF, the parties hereto caused this Agreement to be executed by their
duly authorized representatives as of the date first written above.
[EXECUTION PAGE FOLLOWS]
Agreement for Engineering Services
City of Winter Springs and URS Construction Services, Inc.
14
CITY: ENGINEER:
CITY OF WINTER SPRINGS
BY: C.-)
elfin L. 'mith
Print Name /Title: City anager Print Name /Title: w j 4. M57 r)1c i
ATTEST:
`/icE' Res rd
By 4r: �-Lwx)
efi 1 p Cit Clerk
THIS AGREEMENT IS ONLY VALID AGAINST THE CITY UPON APPROVAL BY THE CITY
COMMISSION OF WINTER SPRINGS AND SIGNATURE BY EITHER THE MAYOR OR CITY MANAGER.
Agreement for Engineering Services
City of Winter Springs and URS Construction Services, Inc.
15
EXHIBIT "A"
CONSTRUCTION ENGINEERING AND INSPECTION
SCOPE OF SERVICES
FOR
Intersection Improvements at SR 434 and Vistawilla Drive
Intersection Improvements at SR 434 and Hayes Road
Roadway Improvements at SR 419 and Wade Street
Roadway Improvements at SR 419 and Sherry Avenue
TABLE OF CONTENTS
1.0 PURPOSE A -1
2.0 SCOPE A -1
3.0 LENGTH OF SERVICE A -1
4.0 DEFINITIONS A -2
5.0 ITEMS TO BE FURNISHED BY THE DEPARTMENT TO CONSULTANT A -4
6.0 ITEMS FURNISHED BY THE CONSULANT A -4
6.1 DEPARTMENT DOCUMENTS A -4
6.2 FIELD OFFICE A -4
6.3 VEHICLES A -4
6.4 FIELD EQUIPMENT A -4
6.5 LICENSING FOR EQUIPMENT OPERATIONS A -5
7.0 LIAISON A -5
8.0 PERFORMANCE OF THE CONSULTANT A -5
9.0 REQUIREMENTS A -6
9.1 GENERAL A -6
9.2 SURVEY CONTROL A -6
9.3 ON -SITE INSPECTION A -6
9.4 SAMPLING AND TESTING A -7
9.5 ENGINEERING SERVICES A -7
10.0 PERSONNEL A -8
10.1 GENERAL REQUIREMENTS A -8
10.2 PERSONNEL QUALIFICATIONS A -9
10.3 STAFFING A -11
11.0 QUALITY ASSURANCE PROGRAM A -11
11.1 QUALITY REVIEWS A -11
11.2 QA PLANS A -12
11.3 QUALITY RECORDS A -13
12.0 CERTIFICATIONS OF FINAL ESTIMATES A -13
12.1 FINAL ESTIMATE AND AS -BUILT PLANS SUBMITTAL A -13
12.2 CERTIFICATION A -13
12.3 OFFER OF FINAL PAYMENT A -13
13.0 AGREEMENT MANAGEMENT A -14
13.1 GENERAL A -14
13.2 INVOICING INSTRUCTIONS A -14
14.0 SUBCONSULTANT SERVICES A -14
15.0 OTHER SERVICES A -14
16.0 POST CONSTRUCTION CLAIMS REVIEW A -14
17.0 CONTRADICTIONS A -14
18.0 THIRD PARTY BENEFICIARY A -15
19.0 CITY AUTHORITY A -15
SCOPE OF SERVICES
CONSTRUCTION ENGINEERING AND INSPECTION
1.0 PURPOSE:
The City of Winter Springs requires the services of a Consultant for a variety of support activities
involving Construction Engineering and Inspection services, technical analysis, materials
sampling and testing, project oversight and general administration associated with construction of
Intersection Improvements at SR 434 and Vistawilla Drive, Intersection Improvements at SR 434
and Hayes Road, Roadway Improvements at SR 419 and Wade Street, and Roadway
Improvements at SR 419 and Sherry Avenue.
This scope of services describes and defines the Construction Engineering and Inspection (CEI)
services which are required for contract administration, inspection, and materials sampling and
testing for the construction project listed below.
2.0 SCOPE:
The Consultant shall be responsible for providing services as defined in this Scope of Services,
the referenced Department of Transportation manuals, and procedures.
The projects for which the services are required are:
1. Intersection Improvements at SR 434 and Vistawilla Drive
2. Intersection Improvements at SR 434 and Hayes Road
3. Roadway Improvements at SR 419 and Wade Street
4. Roadway Improvements at SR 419 and Sherry Avenue
The Consultant shall exercise their independent professional judgment in performing their
obligations and responsibilities under this Agreement.
Services provided by the Consultant shall comply with appropriate City of Winter Springs
manuals, Department of Transportation manuals, procedures, and memorandums in effect as of
the date of execution of the Agreement unless otherwise directed in writing by the City.
On a single Construction Contract, it is a conflict of interest for a professional firm to receive
compensation from both the City and the Contractor either directly or indirectly.
Other projects within the City of Winter Springs may be added at the City's discretion. The
Consultant must perform to the satisfaction of the City's representatives for consideration of
additional CEI services.
3.0 LENGTH OF SERVICE:
The Consultant's services for each Construction Contract shall begin upon written notification to
proceed by the City.
A -1
The Consultant Senior Project Engineer will track the execution of the Construction Contract
such that the Consultant is given timely authorization to begin work. While no personnel shall be
assigned until written notification by the City has been issued, the Consultant shall be ready to
assign personnel within two weeks of notification. For the duration of the project, the Consultant
shall coordinate closely with the City and Contractor to minimize rescheduling of Consultant
activities due to construction delays or changes in scheduling of Contractor activities.
For estimating purposes, the Consultant will be allowed an accumulation of thirty (30) calendar
days to perform preliminary administrative services prior to the issuance of the Contractor's
notice to proceed on the first project and thirty (30) calendar days to demobilize after final
acceptance of the last Contract.
The anticipated letting schedules and construction times for the projects are tabulated below:
Project Estimated Construction Estimated Duration
Notice to Proceed Date (Calendar Days)
1) Intersection Improvements at September. 2009 60
SR434 and Vistawilla Drive
2) Intersection Improvements at September. 2009 60
SR434 and Hayes Road
3) Roadway Improvements at September. 2009 120
SR419 and Wade Street
3) Roadway Improvements at September. 2009 60
SR419 and Sherry Avenue
4.0 DEFINITIONS:
A. District Secretary: The Chief Executive Officer in each of the Department's eight (8)
Districts.
B. District Director of Transportation Operations: The Direct of Construction.
Maintenance, Traffic Operations, Materials, and Safety.
C. District Construction Engineer: The administrative head of the District's Construction
Offices.
D. District Consultant CE1 Manager: The Department employee assigned to administer the
Construction Engineering and Inspection Program in the District.
E. District Final Estimates Manager: The administrative head of the District Final Estimates
Office.
F. District Contract Compliance Manager: The administrative head of the District Contract
Compliance Office.
A -2
G. Department: The Florida Department of Transportation.
H. City: The City of Winter Springs.
I. Operations Engineer: The Engineer assigned to a particular County or area to administer
Construction and Maintenance Contracts for the Department.
J. Resident Engineer: The Engineer assigned to a particular County or area to administer
Construction Contracts for the Department.
K. District Professional Services Administrator: The Administrative Head of the
Professional Services Office.
L. Public Information Office: The Department's office assigned to manage the Public
Information Program.
M. Engineer of Record: The Engineer on the Construction plans as the responsible person
for the design and preparation of the plans.
N. Consultant: The consulting firm under contract to the Department for administration of
Construction Engineering and Inspection services.
O. Agreement: The Professional Services Agreement between the City and the Consultant
setting for the obligations of the parties thereto, including but not limited to the
performance of the work, furnishing of services, and the basis of payment.
P. Consultant Senior Project Engineer: The Engineer assigned by the Consultant to be in
charge of providing Construction Contract administration for one or more Construction
Projects. This person may supervise other Consultant employees and act as the lead
Engineer for the Consultant.
Q. Consultant Project Administrator: The employee assigned by the Consultant to be in
charge of providing Construction Contract administration services for one or more
Construction Projects.
R. Resident Compliance Specialist: The employee assigned by the Consultant to oversee
project specific compliance functions.
S. Contractor: The individual, firm, or company contracting with the City for performance
of work or furnishing of materials.
T. Construction Contract: The written agreement between the City and the Contractor
setting forth the obligations of the parties thereto, including but not limited to the
performance of the work, furnishing of labor and materials, and the basis of payment.
U. Construction Training /Qualification Program (CTQP): The Department program for
training and qualifying technicians in Aggregates, Concrete, Earthwork, and Asphalt.
The University of Florida Transportation Research Center (TRC) administers this
program. Program information is available at CTQP website.
A -3
5.0 ITEMS TO BE FURNISHED BY THE CITY AND /OR FDOT CONSULTANT:
A. The City, on as needed basis, will furnish the following Construction Contract documents
for each project. These documents may be provided in either paper or electronic format.
1. Construction Plans,
2. Special Provisions,
3. Copy of the Executed Construction Contract, and
4. Utility Agency's Approved Material List (if applicable).
6.0 ITEMS FURNISHED BY THE CONSULTANT:
6.1 Department Documents:
All applicable Department documents referenced herein shall be a condition of this
Agreement. All Department documents, directives, procedures, and standard forms are
available through the Department's Internet website. Most items can be purchased
through the following address. All others can be acquired through the District Office or
on -line at Department's website.
Florida Department of Transportation
Maps and Publication Sales
605 Suwannee Street, MS 12
Tallahassee, Florida 32399 -0450
Telephone No. (850) 488 -9220
6.2 Field Office:
No Field Office will be required for this project.
6.3 Vehicles:
The Consultant shall supply clearly identifiable vehicles to properly administer the
construction contract. Vehicles will be equipped with appropriate safety equipment and
must be able to effectively carry out requirements of this Agreement. Vehicles shall have
the name and phone number of the consulting firm visibly displayed on both sides of the
vehicle.
6.4 Field Equipment:
The Consultant shall supply survey, inspection and testing equipment, essential in order
to carry out the work under this Agreement. Such equipment includes those non-
consumable and non expendable items, which are normally needed for a CEI project and
are essential in order to carry out the work under this Agreement.
Hard hats shall have the name of the consulting firm visibly displayed.
A -4
Equipment described herein and expendable materials under this Agreement will remain
the property of the Consultant and shall be removed at completion of the work.
The Consultant's handling of nuclear density gauges shall be in compliance with their
license.
The Consultant shall retain responsibility for risk of loss or damage to said equipment
during performance of this Agreement. Field office equipment shall be maintained and in
operational condition at all times.
6.5 Licensing for Equipment Operations:
The Consultant will be responsible for obtaining proper licenses for equipment and
personnel operating equipment when licenses are required. The Consultant shall make the
license and supporting documents available to the City for verification, upon request.
Radioactive Materials License for use of Surface Moisture Density Gauges shall be
obtained through the State of Florida Department of Health.
7.0 LIAISON:
The Consultant shall report to the City Engineer and keep the City Engineer informed of all
significant activities, decisions, correspondence, reports, and other communications related to its
responsibilities under this Agreement, and seek input from the City Engineer in order for the City
Engineer to oversee the Consultant's performance.
8.0 PERFORMANCE OF THE CONSULTANT:
During the term of this Agreement and all supplements thereof, the City will review various
phases of Consultant operations, such as construction inspection, materials sampling and testing,
and administrative activities, to determine compliance with this Agreement. The Consultant shall
cooperate and assist City representatives in conducting the reviews. If deficiencies are indicated,
the Consultant shall implement remedial action immediately upon the approval of the City
Engineer. City and /or FDOT recommendations and Consultant responses /actions are to be
properly documented by the Senior Project Engineer. No additional compensation shall be
allowed for remedial action taken by the Consultant to correct deficiencies. Remedial actions and
required response times may include but are not necessarily limited to the following:
A. Further subdivide assigned inspection responsibilities, reassign inspection personnel, or
assign additional inspection personnel, within one week of notification.
B. Replace personnel whose performance has been determined by the City or the
Department to be inadequate. Personnel whose performance has been determined to be
unsatisfactory shall be removed immediately.
C. Immediately increase the frequency of monitoring and inspection activities in phases of
work that are the Consultant's responsibility.
D. Increase the scope and frequency of training of the Consultant personnel.
A -5
9.0 REQUIREMENTS:
9.1 General:
It shall be the responsibility of the Consultant to administer, monitor, and inspect the
Construction Contract such that the project is constructed in reasonable conformity with
the plans, specifications, and special provisions for the Construction Contract.
The Consultant shall observe the Contractor's work to determine the progress and quality
of work, identify discrepancies, report significant discrepancies to the City, and direct the
Contractor to correct such observed discrepancies.
The Consultant shall not have the Authority to negotiate and approve Supplemental
Agreements. All Supplemental Agreements shall be reviewed and approved by the City
prior to issuing approval to the Contractor. Minor field changes resulting in no changes to
the project cost and duration may be approved by the Consultant.
The Consultant shall advise the City Engineer of any significant omissions, substitutions,
defects, and deficiencies noted in the work of the Contractor and the corrective action
that has been directed to be performed by the Contractor. Work provided by the
Consultant shall not relieve the Contractor of responsibility for the satisfactory
performance of the Construction Contract.
9.2 Survey Control:
The Consultant shall check or establish the survey control baseline(s) along with
sufficient baseline control points and bench marks at appropriate intervals along the
project in order to: (1) make and record such measurements as are necessary to calculate
and document quantities for pay items, (2) make and record pre- construction and final
cross section surveys of the project site in those areas where earthwork (i.e.,
embankment, excavation, subsoil excavation, etc.) is part of the construction project, and
(3) perform incidental engineering surveys. The specific survey requirements for each
project will be established prior to construction by the City and FDOT.
The Consultant will provide survey services if requested by the County.
9.3 On -site Inspection:
The Consultant shall monitor the Contractor's on -site construction activities and inspect
materials entering into the work in accordance with the plans, specifications, and special
provisions for the Construction Contract to determine that the projects are constructed in
reasonable conformity with such documents. The City and /or the Department will
monitor all off -site activities and fabrication. The Consultant shall keep detailed accurate
records of the Contractor's daily operations and of significant events that affect the work.
Consultant shall be responsible for monitoring and inspection of Contractor's Work Zone
Traffic Control Plan and review of modifications to the Work Zone Traffic Control Plan,
including Alternate Work Zone Traffic Control Plan, in accordance with the
Department's procedures. Consultant employees performing such services shall be
qualified in accordance with the Department's procedure.
A -6
9.4 Sampling and Testing:
The Consultant shall perform sampling and testing of component materials and
completed work in accordance with the Construction Contract documents. The minimum
sampling frequencies set out in the FDOT Materials Sampling, Testing and Reporting
Guide shall be met. In complying with the aforementioned guide, the Consultant shall
provide daily surveillance of the Contractor's Quality Control activities at the project site
and perform the sampling and testing of materials and completed work items that are
normally done in the vicinity of the project for verification and acceptance. The
Consultant will be responsible for Verification Testing (VT) as defined in the FDOT
Standard Specifi cation.
The Consultant shall be specifically responsible for job control samples determining the
acceptability of all materials and completed work items on the basis of either test results
or verification of a certification, certified mill analysis, DOT label, DOT stamp, etc.
The City will monitor the effectiveness of the Consultant's testing procedures through
surveillance and obtaining and testing independent assurance samples (as needed).
Sampling, testing and laboratory methods shall be as required by the Department's
Standard Specifications, Supplemental Specifications or as modified by the Special
Provisions of the Construction Contract.
Documentation reports on sampling and testing performed by the Consultant shall be
submitted to responsible parties during the same week that the construction work is done.
The Consultant will furnish all verification testing information and data to the City and
FDOT in an acceptable format.
The Consultant shall be responsible for transporting samples to be tested to the
appropriate laboratory or appropriate local facility. The Consultant will be responsible
for coordination with the responsible laboratory.
9.5 Engineering Services:
Engineering Services include maintaining the required level of surveillance of Contractor
activities, interpreting plans, specifications, and special provisions for the Construction
Contract, maintaining complete, accurate records of all activities and events relating to
the project, and properly documenting all significant project changes. The Consultant
shall perform the following services:
(1) Schedule and attend pre construction meeting(s) with the Contractor, City, and
FDOT.
(2) Verify that the Contractor is conducting inspections, preparing reports and
monitoring all storm water pollution prevention measures associated with the
project.
(3) Analyze problems that arise on a project and proposals submitted by the
Contractor, work to resolve such issues, and process the necessary paperwork.
A -7
(4) Monitor, inspect and document utility construction for conformance with Utility
Water and Sewer Agency's Standards and the Utility Agency's Approved
Materials List. Facilitate coordination and communication between Utility
Agency's representatives, City's staff and contractors in execution of the work.
Identify potential utility conflicts and assist in the resolution of utility issues.
(5) Produce reports, verify quantity calculations and field measure for payment
purposes as needed to prevent delays in Contractor operations and to facilitate
prompt processing of such information in order for the City to make timely
payment to the Contractor.
(6) Monitor each Contractor and subcontractor's compliance with specifications and
special provisions of the Construction Contract in regard to payment of
predetermined wage rates in accordance with Department and any required
federal procedures.
(7) The City will provide all required Public Information Services.
(8) Video tape the pre- construction conditions throughout the project limits. Provide
a digital photo log or video of project activities, with heavy emphasis on potential
claim items /issues and on areas of real /potential public controversy.
(9) The Consultant shall have a digital camera for photographic documentation of
pre- construction state and of noteworthy incidents or events during construction.
The taking of the photographs shall begin the day prior to the start of
construction and continue regularly throughout this project. Photographs shall be
taken the days of Conditional, Partial and Final Acceptance.
(10) Maintain a daily Construction Inspection Reports for the project.
(1 1) Participate in the preparation of a comprehensive tabulation of project quantities
satisfactorily completed to date. Quantities shall be based on daily records and
calculations. The tabulation will be used in verification and preparation of the
contractor's monthly pay application.
(12) Facilitate submittal of the Final Estimate and one (1) set of final "as-built plans"
documenting Contractor's work (one record set with two copies) within thirty
(30) calendar days of final acceptance.
10.0 PERSONNEL:
10.1 General Requirements:
The Consultant shall staff the project with the qualified personnel necessary to efficiently
and effectively carry out its responsibilities under this Agreement.
Unless otherwise agreed by the City, the City will not compensate straight overtime or
premium overtime for positions of Senior Project Engineer, Project Administrator, or
Contract Support Specialist.
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10.2 Personnel Qualifications:
The Consultant shall utilize only competent personnel, qualified by experience, and
education. The Consultant shall submit in writing to the City Engineer the names of
personnel proposed for assignment to the project, including a detailed resume for each
containing at a minimum salary, education and experience.
Personnel identified in the Consultant technical proposal are to be assigned as proposed
and are committed to performing services under this Agreement. Personnel changes will
require written approval from the City. Staff that has been removed shall be replaced by
the Consultant within one week of City notification.
Before the project begins, all project staff shall have a working knowledge of the current
CPAM and must possess all the necessary qualifications /certifications for obtaining the
duties of the position they hold. Cross training of the Consultant's project staff is highly
recommended to achieve a knowledgeable and versatile project inspection team but shall
not be at any additional cost to the City and should occur as workload permits. Visit the
training page on the State Construction Office website for training dates.
Minimum qualifications for the Consultant personnel are set forth as follows. Exceptions
to these minimum qualifications will be considered on an individual basis.
SENIOR PROJECT ENGINEER A Civil Engineering degree and be registered in
the State of Florida as a Professional Engineer and six (6) years of engineering
experience [(two (2) years of which are in major road or bridge construction)] or for non
degreed personnel the aforementioned registration and ten (10) years of engineering
experience (two (2) years of which are in major road or bridge construction).
Qualifications include the ability to communicate effectively in English (verbally and in
writing); direct highly complex and specialized construction engineering administration
and inspection program; plans and organizes the work of subordinate and staff members;
develops and /or reviews policies, methods, practices, and procedures; and reviews
programs for conformance with FDOT standards. Also must have the following:
Qualification:
FDOT Advanced MOT
Attend the CTQP Quality Control Manager course and pass the examination.
Certifications:
None
A Master's Degree in Engineering may be substituted for one (1) year engineering
experience.
PROJECT ADMINISTRATOR A Civil Engineering degree plus two (2) years of
engineering experience in construction of major road or bridge structures, or for non
degreed personnel eight (8) years of responsible and related engineering experience, two
(2) years of which involved construction of major road or bridge structures.
A -9
Receives general instructions regarding assignments and is expected to exercise initiative
and independent judgment in the solution of work problems. Directs and assigns specific
tasks to inspectors and assists in all phases of the construction project. Will be
responsible for the progress and final estimates throughout the construction project
duration. Must have the following:
Qualifications:
FDOT Intermediate MOT
CTQP Final Estimates Level 11
Other:
Attend CTQP Quality Control Manager Course and pass the examination.
A Master's Degree in Engineering may be substituted for one (1) year of engineering
experience.
CONSTRACT SUPPORT SPECIALIST A High School diploma or equivalent and
four (4) years of road bridge construction engineering inspection (CEI) experience
having performed /assisted in project related duties (i.e., CQR /LIMS, progress and final
estimates, EEO compliance, processing Construction Contract changes, etc.) or a Civil
Engineering. Should exercise independent judgment in planning work details and
making technical decisions related to the office aspects of the project. Should be familiar
with the Department's Procedures covering the project related duties as stated above and
be proficient in the computer programs necessary to perform these duties. Shall become
proficient in Multi -Line and Engineering Menu.
Qualifications:
CTQP Final Estimates Level I1
SENIOR INSPECTOR/SENIOR ENGINEER INTERN High school graduate or
equivalent plus four (4) years of experience in construction inspection, two (2) years of
which shall have been in bridge and /or roadway construction inspection, or a Civil
Engineering degree and one (1) year of road bridge CEI experience with the ability to
earn additional required qualifications within one year. (Note: Senior Engineer Intern
classification requires one (1) year experience as an Engineer Intern).
Must have the following:
Qualifications:
CTQP Concrete Field Inspector Level 1
CTQP Asphalt Roadway Level 1
CTQP Asphalt Roadway Level I1
CTQP Earthwork Construction Inspection Level I
CTQP Earthwork Construction Inspection Level I1
CTQP Drilled Shaft Inspection
CTQP Grouting Technician Level 1
FDOT Intermediate MOT
CTQP Final Estimates Level I
A -10
Certifications:
Nuclear Radiation Safety
Responsible for performing highly complex technical assignments in field surveying and
construction layout, making, and checking engineering computations, inspecting
construction work, and conducting field tests and is responsible for coordinating and
managing the lower level inspectors. Work is performed under the general supervision of
the Project Administrator.
ADMINISTRATIVE ASSISTANT Graduation from an accredited high school or
equivalent with one (1) year of experience as a resident compliance officer on a
construction project or two (2) years of assisting the compliance officer in monitoring the
project. Should have prior experience in both State funded and Federal Aid funded
construction projects with FDOT and knowledge of EEO /AA laws and FDOT's DBE and
OJT programs. Ability to analyze, collect, evaluates data, and take appropriate action
when necessary. Must attend all training workshops or meetings for Compliance as
determined necessary.
10.3 Staffing:
Once authorized, the Consultant shall establish and maintain an appropriate staff through
the duration of construction and completion of the final estimate. Responsible personnel,
thoroughly familiar with all aspects of construction and final measurements of the various
pay items, shall be available to resolve disputed final pay quantities until the appropriate
Construction Contract has been paid off.
Construction engineering and inspection forces will be required of the Consultant at all
times while the Contractor is working. If Contractor operations are substantially reduced
or suspended, the Consultant will reduce its staff appropriately.
In the event that the suspension of Contractor operations requires the removal of
Consultant forces from the project, the Consultant will be allowed ten (10) days
maximum to demobilize, relocate, or terminate such forces.
11.0 QUALITY ASSURANCE (QA) PROGRAM:
11.1 Quality Reviews:
The Consultant shall conduct semi annual reviews to make certain his own organization
is in compliance with the requirements cited in the Scope of Services. Quality Reviews
shall be conducted to evaluate the adequacy of materials, processes, documentation,
procedures, training, guidance, and staffing included in the execution of this Agreement.
Quality Reviews shall also be developed and performed to achieve compliance with
specific QA provisions contained in this Agreement. The semi annual reviews shall be
submitted to the City Engineer in written form no later than one (1) month after the
review.
On short duration CEI projects (nine (9) months or less), the CEI shall perform an initial
QA review within the first two (2) months of the start of construction.
A-1 1
On asphalt projects, the CEI shall perform an initial QA review on its asphalt inspection
staff after the Contractor has completed ten (10) full work days of mainline asphalt
paving operations, or 25% of the asphalt pay item amount (whichever is less) to validate
that all sampling, testing, inspection, and documentation are occurring as required of the
CEI staff.
11.2 QA Plan:
Within thirty (30) days after receiving award of an Agreement, the Consultant shall
furnish a QA Plan to the City Engineer. The QA Plan shall detail the procedures,
evaluation criteria, and instructions of the Consultant's organization for providing
services pursuant to this Agreement. Unless specifically waived, no payment shall be
made until the City approves the Consultant QA Plan.
Significant changes to the work requirements may require the Consultant to revise the
QA Plan. It shall be the responsibility of the Consultant to keep the plan current with the
work requirements. The Plan shall include, but not be limited to, the following areas:
A. Organization:
A description is required of the Consultant QA Organization and its functional
relationship to the part of the organization performing the work under the
Agreement. The authority, responsibilities and autonomy of the QA organization
shall be detailed as well as the names and qualifications of personnel in the
quality control organization.
B. Quality Reviews:
The Consultant QA shall detail the methods used to monitor and achieve
organization compliance with Agreement requirements for services and products.
C. Quality Records:
The Consultant will outline the types of records, which will be generated and
maintained during the execution of his QA program.
D. Control of Sub consultants and Vendors:
The Consultant will detail the methods used to control sub consultants and
vendor quality.
E. Quality Assurance Certification:
An officer of the Consultant firm shall certify that the inspection and
documentation was done in accordance with FDOT specifications, plans,
standard indexes, and Department procedures.
A -12
11.3 Quality Records:
The Consultant shall maintain adequate records of the quality assurance actions
performed by his organization (including subcontractors and vendors) in providing
services and products under this Agreement. All records shall indicate the nature and
number of observations made, the number and type of deficiencies found, and the
corrective actions taken. These records shall be available to the City, upon request, during
the Agreement term. All records shall be kept at the primary job site and shall be subject
to audit review.
12.0 CERTIFICATION OF FINAL ESTIMATES:
12.1 Final Estimate and As -Built Plans Submittal:
Prepare documentation and records in compliance with the Agreement, Statewide Quality
Control (QC) Plan, or Consultant's approved QC Plan and the Department's Procedures.
Submit the Final Estimate(s) and one (1) set of final "as -built plans" documenting
Contractor's work (one record set with two copies) as follows:
(a) Within thirty (30) calendar days of final acceptance; or
(b) Where all items of work are complete and conditional /partial acceptance
is utilized (Lighting, Plant establishment, etc.) for a period exceeding
thirty (30) calendar days, the final estimate(s) will be due on the thirtieth
(30 day after conditional /partial acceptance. A memorandum with
documentation will be transmitted to the District Final Estimate Manager
at final acceptance detailing any necessary revisions to the pay items
covered under the conditional /partial acceptance.
The Consultant shall be responsible for making any revisions to the Certified Final
Estimate at no additional cost to the City.
12.2 Certification:
Consultant personnel preparing the Certified Final Estimates Package shall be CTQP
Final Estimates Level I1.
Duly authorized representative of the Consultant firm will provide a notarized
certification on a form pursuant to FDOT procedures.
12.3 Offer of Final Payment:
The Consultant shall prepare the Offer of Final Payment package as outlined in Chapter
14 of the Review and Administration Manual. The package shall accompany the
Certified Final Estimates Package submitted to the DFEO. The Consultant shall be
responsible for forwarding the Offer of Final Payment Package to the Contractor, after
City approval.
A -13
13.0 AGREEMENT MANAGEMENT:
13.1 General:
(1) With each monthly invoice submittal, the Consultant Senior Project Engineer will
provide a brief Status Report for the Agreement.
(2) When the Consultant identifies a condition that will require an Amendment Request
(AR) to the Agreement, the Consultant Project Principal or Consultant Senior Project
Engineer will communicate the need to the City Engineer for review and approval.
13.2 Invoicing Instructions:
Monthly invoices shall be submitted to the City in a format and schedule defined by the
City, no later than the 20 day of the following month.
A Final Invoice will be submitted to the City no later than the 30 day following Final
Acceptance to the individual project or as requested by the City.
14.0 SUBCONSULTANT SERVICES
Upon written approval by the City Engineer, and prior to performance of work, the Consultant
may subcontract for engineering surveys, materials testing, or specialized professional services.
All sub consultants must be FDOT pre qualified in the area of services being performed and be
approved by the City.
15.0 OTHER SERVICES:
Upon written authorization by the City, the Consultant will perform additional services in
connection with the project not otherwise identified in this Agreement.
16.0 POST CONSTRUCTION CLAIMS REVIEW:
In the event the Contractor submits a claim for additional compensation and /or time after the
Consultant has completed this Agreement, the Consultant shall, upon execution by the City and
the Consultant of an Amendment to this Agreement providing for compensation for such services,
analyze the claim, engage in negotiations leading to settlement of the claim, and prepare and
process the required documentation to close out the claim. Compensation for such services will
be negotiated and effected through a Supplement to this Agreement.
17.0 CONTRADICTIONS
In the event of a contradiction between the provisions of this Scope of Services and the
Consultant's proposal is made a part of their Agreement, the provisions of the Scope of Services
shall apply.
A -14
18.0 THIRD PARTY BENEFICIARY
It is specifically agreed between the parties executing this Agreement that it is not intended by
any of the provisions of any part of the Agreement to create in the public or any member thereof,
a third party beneficiary hereunder, or to authorize anyone not a party to this Agreement to
maintain a claim, cause of action, lien or any other damages or any relief of any kind pursuant to
the terms or provisions of this Agreement.
19.0 CITY AUTHORITY
The City shall be the final authority in considering contract modification of the Contractor for
time, money or any other consideration.
A -15
SR 434 and Vistawilla Drive
SR 434 and Hayes Road
SR 419 and Sherry Avenue
SR 419 and Wade Street
Prepared by URS Construction Services
Personnel 2009 2010 Regular Overtime Hourly Total
Name I Classification Sept 1 Oct I Nov 1 Dec Jan I Feb Mn Hrs Mn Hrs Rate Labor Cost
SUMMARY pc pc 1 2 3 4 5 6 7 8 9 _10 11 12 13 14 15 16 17 18 19
Charles Sukanek Sr. Project Engineer 32 32 8 8 8 8 8 8 8 8 26 26 2 2 2 2 2 2 8 8 208.0 0.0 $171.60 $35,692.80
Joe Nowicki Project Control Specialist 32 32 8 8 8 8 8 8 8 8 28 28 4 4 4 4 4 4 8 8 224.0 0.0 $70.49 $15,789.76
Russ Simcoe Sr. Inspector 16 16 8 8 8 8 8 8 8 8 20 8 8 8 8 8 8 8 24 8 204.0 0.0 $71.03 $14,490.12
Tony Sakhai Inspector (1) 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 0 0 640.0 0.0 $58.89 $37,689.60
TBD Inspector (2) 0.0 0.0 $58.89 $0.00
Zelma Byrn Clerical /Admin Asst 7 7 7 7 7 7 7 7 7 7 7 7 2 2 2 2 2 2 2 2 100.0 0.0 $67.34 $6,734.00
Asphalt Plant Inspector 12 12 4 4 4 4 40.0 0.0 $52.40 $2,096.00
Total Mn -Hrs 1376.0 0.0 $112,492.28
NOTES: Total Regular Salaries $112,492.28
CEI Start September 1, 2009 Expenses: Lump Sum Amount $0.00
Contractor Start September 15, 2009 Survey Allowance $0.00
Contractor Comp January 15, 2010 Geotechnical Services $2,550.00
CEI Complete February 1, 2010 Estimated Compensation $115,042.28
Geotechnical Services (Page One Consultants, Inc.)
Modified /Standard Proctors -18 Samples $85.00 /Sample $1.530.00
Concrete Compressive Strength Tests -12 Sets $85.00 /Set of 4 $1.020.00
Total Geotechnical Services $2.550.00
WINTER SPRINGS ARRA PROJECTS
ESTIMATED CEI STAFFING
for
SR 434 and Vistawilla Drive
Prepared by URS Construction Services
Personnel 2009 Regular Overtime Hourly Total
Name Classification Sept Oct Nov Dec Mn Hrs Mn Hrs Rate Labor Cos
Vistawilla Drive pc pc 1 2 3 4 5 6 7 8 pc pc
Charles Sukanek Sr. Project Engineer 8 8 2 2 2 2 2 2 2 2 8 8 48.0 0.0 $171.60 $8,236.80
Joe Nowicki Project Control Specialist 8 8 2 2 2 2 2 2 2 2 8 8 48.0 0.0 $70.49 $3,383.52
Russ Simcoe Sr. Inspector 4 4 2 2 2 2 2 2 2 2 4 28.0 0.0 $71.03 $1,988.84
Sakhai, Tony Inspector (1) 10 10 10 10 10 10 10 10 80.0 0.0 $58.89 $4,711.20
TBD Inspector (2) 0.0 0.0 $58.89 $0.00
Zelma Byrn Clerical /Admin Asst 2 2 2 2 2 2_ 2 2 2 2 2 2 24.0 0.0 $67.34 $1,616.16
Asphalt Plant Inspector 4 4 8.0 0.0 $52.40 $419.20
Total Mn -Hrs 228.0 0.0 $20,355.72
NOTES: Total Regular Salaries $20,355.72
CEI Start September 1, 2009 Expenses: Lump Sum Amount $0.00
Contractor Start September 15, 2009 Survey Allowance $0.00
Contractor Comp November 15, 2009 Geotechnical Services Offsite Inspection $680.00
CEI Complete December 1, 2009 Estimated Compensation $21,035.72
Geotechnical Services (Page One Consultants, Inc.)
Modified /Standard Proctors -3 Samples $85.00 /Sample $255.00
Concrete Compressive Strength Tests -5 Sets $85.00 /Set of 4 $425.00
Total Geotechnical Services $680.00
WINTER SPRINGS ARRA PROJECTS
ESTIMATED CEI STAFFING and COSTS
for
SR 419 and Sherry Avenue
Prepared by URS Construction Services
Personnel 2009 Regular Overtime Hourly Total
Name Classification Sept Oct Nov Dec Mn Hrs Mn Hrs Rate ILaborCos
Sherry Ave pc pc 1 2 3 4 5 6 7 8 pc pc
Charles Sukanek Sr. Project Engineer 8 8 2 2 2 2 2 2 2 2 8 8 48.0 0.0 $171.60 $8,236.80
Joe Nowicki Project Control Specialist 8 8 2 2 2 2 2 2 2 2 8 8 48.0 0.0 $70.49 $3,383.52
Russ Simcoe Sr. Inspector 4 4 2 2 2 2 2 2 2 2 4 28.0 0.0 $71.03 $1,988.84
Tony Sakhai Inspector (1) 10 10 10 10 10 10 10 10 80.0 0.0 $58.89 $4,711.20
TBD Inspector (2) 0.0 0.0 $58.89 $0.00
Zelma Byrn Clerical /Admin Ass't 2 2 2 2 2 2 2 2 2 2 2 2 24.0 0.0 $67.34 $1,616.16
Asphalt Plant Inspector 4 4 8.0 0.0 $52.40 $419.20
Total Mn -Hrs 228.0 0.0 $20,355.72
NOTES: Total Labor $20,355.72
CEI Start September 1, 2009 Expenses: Lump Sum Amount $0.00
Contractor Start September 15, 2009 Survey Allowance $0.00
Contractor Comp November 15, 2009 Geotechnical Services Offsite Inspection $340.00
CEI Complete December 1, 2009 Estimated Compensation $20,695.72
Geotechnical Services (Page One Consultants, Inc.)
Modified /Standard Proctors -3 Samples $85.00 /Sample $255.00
Concrete Compressive Strength Tests -1 Sets $85.00 /Set of 4 $85.00
Total Geotechnical Services $340.00
WINTER SPRINGS ARRA PROJECTS
ESTIMATED CEI STAFFING and COSTS
for
SR 434 and Hayes Road
Prepared by URS Construction Services
Personnel 2009 Regular Overtime Hourly Total
Name Classification Sept Oct Nov Dec Mn Hrs Mn Hrs Rate Labor Cos
Hayes Road pc pc 1 2 3 4 5 6 7 8 pc pc
Charles Sukanek Sr. Project Engineer 8 8 2 2 2 2 2 2 2 2 8 8 48.0 0.0 $171.60 $8,236.80
Joe Nowicki Project Control Specialist 8 8 2 2 2 2 2 2 2 2 8 8 48.0 0.0 $70.49 $3,383.52
Russ Simcoe Sr. Inspector 4 4 2 2 2 2 2 2 2 2 4 28.0 0.0 $71.03 $1,988.84
Tony Sakhai Inspector (1) 10 10 10 10 10 10 10 10 80.0 0.0 $58.89 $4,711.20
TBD Inspector (2) 0.0 0.0 $58.89 $0.00
Zelma Byrn Clerical /Admin Asst 2 2 2 2 2 2 2 2 2 2 2 2 24.0 0.0 $67.34 $1,616.16
Asphalt Plant Inspector 4 4 8.0 0.0 $52.40 $419.20
Total Mn -Hrs 228.0 0.0 $20,355.72
NOTES: Total Labor $20,355.72
CEI Start September 1, 2009 Expenses: Lump Sum Amount $0.00
Contractor Start September 15, 2009 Survey Allowance $0.00
Contractor Comp November 15, 2009 Geotechnical Services $680.00
CEI Complete December 1, 2009 Estimated Compensation $21,035.72
Geotechnical Services (Page One Consultants, Inc.)
Modified /Standard Proctors -3 Samples $85.00 /Sample $255.00
Concrete Compressive Strength Tests -5 Sets $85.00/Set of 4 $425.00
Total Geotechnical Services $680.00
ESTIMATED CEI STAFFING
for
SR 419 and Wade Street
Prepared by URS Construction Services
Personnel 2009 2010 Regular Overtime Hourly Total
Name I Classification Sept I Oct I Nov I Dec Jan Feb Mn Hrs Mn Hrs Rate Labor Cost
Wade Street pc pc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 pc pc 19
Sukanek, Charles Sr. Project Engineer 8 8 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 8' 8 64.0 0.0 $171.60 $10,982.40
Joe Nowicki Project Control Specialist 8 8 2 2 2 2 2 2 2 2 4 4 4 4 4 4 4 4 8 8 80.0 0.0 $70.49 $5,639.20
Simco, Russ Sr. Inspector 4 4 2 2 2 2 2 2 2 2 8 8 8 8_ 8 8 8 8 24 8 120.0 0.0 $71.03 $8,523.60
Sakhai, Tony Inspector (1) 10 10 10 10 10 10 10 10 40 40 40 40 40 40 40 40 400.0 0.0 $58.89 $23,556.00
TBD Inspector (2) 0.0 0.0 $58.89 $0.00
Zelma Byrn Clerical /Admin Ass't 1 1 1 1 1 1 1 1 1' 1 1 1 2 2 2 2 2 2 2 2 28.0 0.0 $67.34 $1,885.52
Asphalt Plant Inspector 4 4 4 4 16.0 0.0 $52.40 $838.40
Total Mn -Hrs 692.0 0.0 $51,425.12
NOTES: Total Regular Salaries $51,425.12
CEI Start September 1, 2009 Expenses: Lump Sum Amount $0.00
Contractor Start September 15, 2009 Survey Allowance $0.00
Contractor Comp January 15, 2010 Geotechnical Services $850.00
CEI Complete February 1, 2010 Estimated Compensation $52,275.12
Geotechnical Services (Page One Consultants, Inc.)
Modified /Standard Proctors -9 Samples $85.00 /Sample $765.00
Concrete Compressive Strength Tests -1 Sets $85.00 /Set of 4 $85.00
Total Geotechnical Services 5850.00
Linda Galloway /BocaRaton /URSCorp To Ana Barreiro /BuenosAires /URSCorp @URSCorp, Andy
intS 08/03/2009 04:00 PM Schechter /BocaRaton /URSCorp @URSCORP, Bill
McDaniel /Tampa /URSCorp @URSCORP, Carlos
Garcia /Miami /URSCorp @URSCORP, Carlos
Mendez /Cochabamba /URSCorp @URSCORP, Dick
Larson /Orlando /URSCorp @URSCorp, Eugenia
Sangines /SanFrancisco /URSCorp @URSCORP, Hugh
Miller /Tallahassee /URSCorp @URSCORP, Mario
Echagarrua /BocaRaton /URSCorp@URSCORP, Michael
Nardone /Miami /URSCorp, Rene
Purcell /SanJuan /URSCorp @URSCORP, Steve
Noppinger /Orlando /URSCorp @URSCORP, Thomas J
Farrell /OakRidge /URSCorp @URSCORP, Tom
Lovett/Tampa /URSCorp @URSCORP
cc aladislao @dames.com.mx, Ann
Rhodes /Tallahassee /URSCorp @URSCORP, Annette
Ball/Tampa /URSCorp @URSCORP, Annette
Carvajal /SanJuan /URSCorp, dlopez @dames.com.mx, Ellen
Walters /FtWashington /URSCorp @URSCORP, Emmanuel
Adalia /BuenosAires /URSCorp @URSCorp, Jose
Mendez /Cochabamba /URSCorp @URSCORP, Mark
Minnery/Miami /URSCorp @URSCORP, Merle
Elias /Orlando /URSCorp @URSCORP, Sandy
Stephenson /Orlando /URSCorp @URSCORP, Taylor
Dobbins /Tampa /URSCorp @URSCORP, Vanina
Lamaison /BuenosAires /URSCorp @URSCorp
bcc
Subject Reminder Designation Due Dates FY09
Designations are due next week. Please see the schedule below for FY09 due dates.
Designations Due Dates FY09
Tuesday of week 2
Period Month Day Due Date
7 Jul Tues August 11, 2009
8 Aug Tues September 8, 2009
9 Sep Tues October 13, 2009
10 Oct Tues November 10, 2009
11 Nov Tues December 8, 2009
12 Dec Tues January 12, 2010
Thank you,
Linda Galloway
Boca Raton, Florida
Phone: 561.994.6500, Fax: 561.994.6524
e -mail: Linda_Galloway @urscorp.com
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