HomeMy WebLinkAboutPegasus Engineering Agreement for Intersection Improvements at S.R. 434 and Winding Hollow Boulevard AGREEMENT FOR
ENGINEERING SERVICES
THIS AGREEMENT is made and entered into this day of 2013,by and between the
CITY OF WINTER SPRINGS,FLORIDA,a Florida Municipal Corporation,hereinafter referred
to as "City", located at 1126 E. State Road 434, Winter Springs, Florida 32708, and Pegasus
Engineering, LLC, a Florida corporation, authorized to conduct business in the State of Florida,
whose address is 301 West State Road 434, Suite 309, Winter Springs, FL 32708, hereinafter
referred to as "Engineer".
WITNESSETH:
WHEREAS, City has a need to obtain engineering and related consulting services for
intersection improvements at S.R. 434 and Winding Hollow Boulevard; and
WHEREAS, the City has followed the competitive 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 engineering 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 engineering services set forth herein.
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b. "Effective Date" shall be the date on which the last signatory hereto sha11 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.
c. "Engineer" shall mean Pegasus Engineering, LLC, and its principals, employees,
resident project representatives (and assistants).
d. "Public Record" shall have the meaning given in Section 119.011(1), 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 sha11
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
Wark,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
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changes,and Engineer shall be cornpensated for said services in accordance with the terms of Article
5.0 herein. All change orders shall be autharized 'zn writing by City's and Engineer's designated
representative.
3.2 All Services shall be perfarmed in strict accordance with the terms of this Agreement
insofar as they are applicable.
4.0 SCHEDULE
4.1 Engineer shall perf'arm services in canforn:aance with the mutually agreed schedule set
forth in EXHIBIT"A"ar as provided in writing after the Effectzve Date. Engineer sha11 keep City
apprised ofthe status af work on at least a monthly basis ar as otherwise reasonably requested by the
City. Should Engineer fa11 behind the agreed upon schedule,it shall employ such resources so as to
comply with the agreed-upon schedule.
4.2 No extension for campletion of services shall be granted ta Engineer without City's
prior written cansent, except as provided in Sections 3,1 and 19.1 herein.
4.3 Any cost caused by defective or i11-timed services sha�1 be barne by the party
responsible therefore.
5.0 METHODS OF PAYMENT FOR SERVICES AND EXPENSES OF
ENGINEER
5.1 Compensation. For the performance and fuil completion of the Services specified
herein,the City and Engineer agree that the Engineer sha11 be paid a lump sum total of$97,739.89,
inclusive ofall Services,materials, and expenses directiy related to the Services. There shall be na
ather compensation due Engineer for the Services provided under this Agreernent,unless specifically
agreed to by the City in writing. The lump sum shall be paid in manthly installments based on a
percent complete of wark complete to date under each task listed in EXHIBIT "A." Payment
requests shall be made to the City by submitting a proper invoice detailing the Services performed
and the payrnent requested. Payment will not be made for tasks not perforrned or for portians af any
tasks not performed. All services,materials and expenses submitted for payrnent shall be eligible for
reimbursement by FDOT under the applicahle Local Agency Program Agreement.
5.2 Florida Promgt Fayment Act. Payment sha11 be due and payable as provided by the
Fl�rida 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 assaciated with in efficiency, offsite ar home aff ce overhead, loss of
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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 Ciry 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 provid�d 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 shal 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.
5.8 Capping of Rates Prohibited. Overhead rates (indirect rates) and direct salary
multipliers shall not be capped by any administrative or de facto ceilings.
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 Proj ect Manager may hold periodic progress meetings on a monthly
basis, or more frequently if required by the City, during the term of this Agreement. Engineer's
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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.
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 sha11 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 irom 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.
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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 IO.I.c herein,as its interest may appear,from time to time.
10.3 The insurance required by this Agreement shall includ� the liability and roverage
provided herein, or as required by law,whichever requiremer�ts 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 insuranc�, 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 cover�ge. 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. Unless agreed to by the City to the contrary,the City shall be
named on the insurance policies included in article 10.1.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 c�n 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 �ursuant 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.
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11.0 COMPLIANCE WITH LAWS AND REGULATIONS
11.1 Engineer shall comply with all requirements of federal, state, and local laws, rules,
regulations, standards, andlor ordinances applicable to the performance of Services under this
Agreement.
11.2 Engineer shall comply with the Florida Department of Transportation's
Disadvantaged Business Enterprise(DBE)Program. Engineer shall not discriminate on the basis of
race,color,national origin,or sex in the performance of this Agreement. Engineer shall carry out the
applicable requirements of 49 CFR Part 26 in the performance of the services set forth herein.
Failure by the Engineer to carry out these requirements is a material breach of this Agreement,which
may result in the termination of this Agreement or such other remedy as appropriate.
11.3 Engineer shall utilize the U.S.Department of Homeland Security's E-Verify system,
in accordance with the terms governing use of the system,to confirm the employment eligibility of:
1) all persons employed by the Engineer during the term of the Agreement to perform employment
duties within Florida; and 2) all persons, including subcontractors, assigned by the Engineer to
perform work under this Agreement.
11.4 Engineer shall provide the Services hereunder in compliance with Appendix I of the
Florida Department of Transportation's Professional Services Agreement,as attached as EXHIBIT
«B,»
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 render�d. Engineer shall perform as expediti�usly 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 review, for the performance of consultants (if
any), and far the approval of submissions by authorities having jurisdiction o���r 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, ar 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
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regulations applicable to Engineer's Services, The Engineer's services and desigrt shall comply with
all applicable requirements irnposed by a11 public authorities. The Engineer represents an�warrants
that it is farniliar with, and accepts that it will perform the Services hereunder in a rnanner that
camplies with all applicable requirements of law, codes, and regulations. Engineer sha11 be
respansible for the professional qualiiy,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 far nonpayment of any proper invoices,or the City
exercises its rights to perform the Services pursuant to under Paragraph 2.2 herein,Engineer shall be
responsible for the satisfactary and complete execution ofthe Services described 1n this Agreernent.
The Engineer represents that it will carefully examine the scope of services required by the City and
that it will investigate the essential requirernents of the services required, and that it will have
sufficient personnel,equipment,and material at its disposal top complete the services set forth in the
Agreement in a goad professional and workmanlike manner in canformance with the requirements of
this Agreeznent.
12.2 Engineer represents that ail principals, ennployees, and other personnel fizrnishing
such Services shall be qualified and cornpetent 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 irifringernent. Notwithstanding any other pravision.
of this Agreement,Engineer shal�indemnify,hold harmless,and defend City,its officers,directars,
employees, agents assigns, and servants from and against any and all liability, including expenses,
]egal or atherwise,for actual or alleged infringement af any patent,copyright,4r trademark resulting
from the use of any goads, Services,or other item pravided under this Agreement. Notwithstanding
the faregoing, Bngineer may elect to provide non-infringing services.
14.0 DOCUMENTS
14.1 Public Records. It is hereby specifically agreed that a�-�y record, document,
computerized information and program, audia or video tape, photograph, or ather writing of the
Engineer and its independent contractors and associates related, directiy or indirectly, ta this
Agreement,shall be deemed to be a Public Record whether in the possession ar control of the City or
the Engineer. Said recard, document,computerized infarmatian and program, audia ar videa tape,
photograph, or other writing of the Engineer is subject to the provisions af Chapter 119, Florida
Statutes, and may not be destroyed withaut the specific written approval of the City Manager. Upon
request by the City,the Engineer shall promptly supply copies of said public recards ta the City. All
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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 far 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.
15.0 ASSIGNMENT
15.1 Engineer shall not assign or subcontract this Agreement,or any rights or any monies
due or to become due hereunder without the prior, written consent of City.
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 andlor 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.
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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 therefor;
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 perforr.iing
its obligations under this Agreement.
17.7 Engineer has assigned this Agreement without the City's priar 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.
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18.0 TERMINATION
18.1 Either party rnay terminate this Agreement for convenience with no penalty at any
time upon thirty {30) days advance written notice. The City may also, 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 af its creditors; (c}
Engineer fails to comply with any condition or provisian of tlus Agreement; or (d) Engineer is
experiencing a labor dispute which threatens to have a substantial,adverse iznpact upon perforrnance
af this Agreement without prejudice to a��y other right or remedy City may have under this
Agreement. In the event of such tertnination, City shali be liable only for the payment of all unpaid
charges, determined in accordance with the provisians of this Agreement, for Work properly
perfarrned prior to the effective date of termination.
19.0 FtJRCE 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 Gad; fire; flaod; windstorm;
explasion; riot; war; sabotage; strikes; extraordinary brealcdown of or darnage ta City's affiliates'
generating plants,their equipment,ar facilities;caurt inj unction ar order;federal and/ar state law or
regulation; order by any regulatory agency; or cause or causes beyond the reasonable control of the
party affeGted;pravided that prompt notice af such delay is given by such party to the ather and each
of the parties hexeunto shall be diligent in attempting to remove such cause or causes. If any
circumstance of Farce 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 accardance with the laws of the State of Flarida. Venue for any state action or litigation sha1l be
Seminole County, Florida. Venue far any federal action ar litigation shall be Orlando, Florida.
21.0 HEADINGS
21.1 Paragraph headings are for the convenience of the parties only and are nat to be
construed as pat�t of this Agreement.
22.0 SEVERABILITY
22.1 In�he event any portion or part af thereof this Agreernent is deemed invalid,against
public policy, void, or otherwise unenforceable by a court of law, the parties shall negotiate an
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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 pariy 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 provisians of this Agreement shall
be binding unless in writing and signed by a duly authorized representative of each pariy 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.
�5.0 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,t� 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 Schedules, Attachments, Appendix's and Exhibits
attached hereto, constitute the entire agreement between City and Engineer with respect to the
Se�vices 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 rarty 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.
28.0 ATTORNEY'S FEES
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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 c�unterparts 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 del�vered by
hand or mailed, postage prepaid to:
For En ig neer:
� )
For Ci :
City of Winter Springs/Public Works Department
Attention: City Engineer
1126 E. State R�ad 434
Winter Springs, Florida 32708
(407) 327-7597 FAX: (407) 327-6588
31.2 Either party may change the notice address by providing the other party written notice
of the change.
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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
($200,000.00), 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 ($300,000.00). 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, includi�g, 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.
34.2 Engineer shall also indemnify and hold harmless the City,and its officers(includir.g
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.
The indemnity provisions set forth in Paragraphs 34.1 and 34.2 shall be considered separate
and independent indemnity provisions.
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35.0 ENGINEER'S PERSONNEL AT CONSTRUCTION SITE
35.1 The presence or duties of Engineer's personnel at a construction site, whether as
onsite representatives or otherwise, do not make Engineer or Engineer's personnel in any way
responsible for those duties that belong to City andlor the construction contractors or other entities,
and do not relieve the construction contractars or any other entity of their obligations, duties, and
responsibilities, including, but not limited to, all construction methods, means, techniques,
sequences,and procedures necessary for coordinating and completing all portions of the construction
work in accordance with the applicable construction contract documents and any health or safety
precautions required by such construction work.Engineer and Engineer's personnel have no authority
to exercise any control over any construction contractor or other entity or their employees in
connection with their work or any health or safety precautions and have no duty for inspecting,
noting, observing, correcting, or reporting on health or safety deficiencies of the construction
contractor(s) or other entity or any other persons at the site except Engineer's own personnel.
35.2 The presence of Engineer's personnel at a construction site is for the purpose of
providing to City a greater degree of confidence that the completed work will conform gener�lly to
the applicable contract documents and that the integrity of the design concept as reflected in the
contract documents has been implemented and preserved by the construction contractor(s). Engineer
neither guarantees the performance of the construction contractor(s)nor assumes responsibility for
construction contractor's failure to perform work in accordance with the contract documents. For
this Agreement only,construction sites include places of manufacture for materials incorporated into
the construction wark,and construction contractors include manufacturers of materials incorporated
into the construction work.
36.0 RECORD DRAWINGS
36.1 Record drawings, if required, will be prepared, in part, on the basis of information
compiled and furnished by others, and may not always represent the exact location,type of various
components, or exact manner in which the project was finally constructed. Engineer is not
responsible for any errors or omissions in the information from others that is incorporated into the
record drawings.
37.0 ADDITIONAL ASSURANCES
37.1 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
Engineering Services Agreement
City of Winter Springs and Pegasus Engineering, LLC
15
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,ar 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.
38.0 CONFLICTS
38.1 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.
[Signature Page Follows]
Engineering Services Agreement
City of Winter Springs and Pegasus Engineering, LLC
16
IN WI'�NESS WHEREOF,the parties hereto caused this Agreement to be executed by their
duly authorized represer�+atives as of the date first written above.
CI7l'Y: ENGINEER:
CITY OF�'Il�TTF;�t aPRINGS *
; .
--�'"7
i '
By: By:
Print ame/Tit : Kevin Smith Print Name/Title: Fursan unj ed, P.E.
City Manager Principal
ATTEST:
B � �,,
; -,
City °�
.�
* 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.
Engineering Services Agreement
City of Winter Springs and Pegasus Engineering, LLC
17
EXHIBIT "A"
SCOPE OF SERVICES
Engineering Services Agreement
City of Winter Springs and Pegasus Engineering, LLC
18
piE't'.J' E�5�.15
January 24, 2013 P-129229
ilpdufed February l,2013
Mr. Brian Fields,P.E.
City Engineer
City of Winter Springs
I 126 East State Road 434
Winter Springs,FL 32708
Re: Praposal for Prafessianal Engineering Services
Sta#e Road 434 and Winding�-Io�low Baulevard
Intersection Imprrovements
Dear Mr. Fields:
Pegasus Engineering, LLC (PE) is pleased to provide this pxoposal for professiona: engineering design
and permitting services for the State Road 434 and Winding Hollaw Baulevard Intersection
Improvements project. The project consists of the final design and permitting for the addition of an
eastbound right-turn deceleration lane along State Raad 434. The approximate ]ength of this turn lane is
400 feet (see attached exhibit). It is our understanding that this project will be funded through a Local.
Agency Program(LAP)agreement with the Florida Department of Transportation.
BASIC ENGINEERING SERVICES
Following is a list of Basic Services we anticipate, as necessary to accomplish the work required for the
above referenced project. This scape and prapasal is based an FDOT and City of V�znter Springs
Standards.
DESIGN SURVEY SERVIGES
Provide a Llesign Topographic Survey and establish the ap�arent right-of-way line in accordance with
Chapter SJ-17 F.A.C.to include the follawing:
1. Lacate all improvements and utilities, as evidenced by above ground features or as marked by the
designated utility eompany representative.
2. 4btain spot elevations on natural ground and existing improvements suitable for interpalation of one
foat contours.
3. Establish the location of the right-of-way line based on a connbination of sectional monumantation,
existing right-of-way monumentation and a review of parcel descriptions as found an the Seminale
County Property Appraisers site.
4. Perform cross sections at 50 foot intervals.
5. Establish a minimum of two{2)site benchmarks.
"En,�ineer�n�'A Hi�'her Standard"
30.� West State Road 434, Suite 309, Winter S�,rinbs, FL 327Q8 •407-99�2-9160 •Fax 407-358-5155
Mr. Brian Fields,P.E. P-129229
January 24,2013 (Updated February I, 2013)
Page 2
6. Tapographic coverage will be limited to the area as marked and annatated on that aerial print
provided attached to this proposal.
7. Prepare descriptianslsketches for the proposed right-of way and easements{3 total).
8. Coardinate Sunshine 4ne Call and utility locates to include supplemental ca11s ta each tocator to
expedite the field marking of each subsurface utility as required by law.
9. Expose any subsurface utilities in canflict "to a depth of IO feet" by using nondestructive vacuutn
excavation methods at one(1}proposed mast arm pole lacation and alang the praposed turn-lane.
10. Confirn�/determine the vertical and horizantal positian of the subject utilities a�d record the
information.
11. Tie each test hole locatian into a minimum of three visible physical features to enabie this data ta be
added to your base rnap and also enable future recovery.
GEOTEGI�NIICAL ENGINEERING SERVICES
Obtain infarmation on the general subsurface sail and groundwater conditions along the alignment of the
propased turn lane and at the planned mast arm signal pale location. The subsurface conditians encountered
will then be evaluated with respect to the available project characteristics. In this regard, geotechnicat
engineering recommendations related to the proposed construction will be formulated, including
recornmendations for tha mast arm structure per Seminole County standards. The following services will be
provided in order to achieve the preceding objectives:
1. Review readily available published gealogic and topographic information. This published informatian
wiil be obtained from the appropriate quadrangle map published by the United S#ates Geolagical
Survey (USGS) and the "Soil Survey of Seminole County, Florida° published by the United States
Department of Agriculture{USDA}Soil Conservatian Servica(SCS}.
2. Execute a pragram of subsurface sampling and field testing. We prapose to perfarm three (3) auger
borings within tha praposed turn lane alignment to depths af 10 fee# belaw existing grade. The
barings will be spaced at approximately 100-foot intervals. One-half day of muck probing will be
conducted in areas suspected of containing surficial organic spoils. The auger borings wi11 be
performed in the current sidewalk/grass area. In addition, we will perform one (1) Standard
Penetratian Test (SPT} boring for the proposed mast arm signal pale. The SPT boring wiil be
extended 35 feet belew existing grade. The mast arm boring will be perforrned in the landscape area
sauth of the entrance wall and within the area clear of overhead power lines.
3. Visually classify and stratify representative soil samples in the laboratory using the AASHTO
classification system. Conduct a limited ]abaratory testing program ta aid in classification of soil
samples.Identify sail conditions at each boring location and form an opinion of the site soil stratigraphy.
4. Collect groundwater level measurements in the boreholes and estimate normal wet seasonal high
groundwater levels.
"En�ineerin�A Hf�'her Standard"
301 West State Road 434,Suite 309, Winter Spri��g's, FL �2708 •407-992-9�60•Fax 4t17-358-ax55
Mr.Brian Fields,P.E. P-129229
January 24, 2013 (Updated February I,2013}
Page 3
5. The results of the field exploration and laboratory tasts will be used in tlae engineering analysis and in the
formulatian of the geatechnicai recommendations. The results of the subsurface expioratipn, including
the recornmendations and the data on which they are based,will be presented in a written report.
ENVLRONMENTAL ENGINEERING SERVICES
Provide necessary biological suppart data in order to represent the City's interest with governmental
agencies with statutory authority regulating land use in the State of Florida, and provide ecological
consulting services needed for compliancs with the patential permitting requirements of the U.S. Army
Corps of Engineers (Coxps), the St. Johns River Management District (District), the Florida Fish and
Witdlife Conservation Commission (PWC), the U.S. Fish and Wildlife Service (Service), and Seminole
County in compliance with existing rules, regulations, and policies as af the date of initiation af this
Scope of Services. Specifically, the City of Winter Springs ta improve the intersection of State Raad
(S.R.) 434 and Winding Hollow Boulevard through the construction of a right turn deceleration lane on
eastbaund S,R.434.
1. Preliminary Ecalogical AssessmentlField Identi�cation af VVetlands.
A. Review existing databases from the Service and the FWC far the presence of federal and
state listed plant and animal species, including a search of the FWC databasa for the
presence af the Southern Bald Eagle an-site ar within a ane(1} mile radius of the project
area.
B. Conduct one site assessment to evatuate the presence of threatened and endangered
species, critical habitat, natural communities, and the location, landward extent, and
quality of potentially jurisdictional watlands.
C. Fie1d flag the landward extent of wetlar�dslsurface waters potentiatly within the
jurisdiction of governmental agencies with statutory permitting authority following the
2010 Final Supplement to the Corps of Engineers Wetiands Delineations iVlanual {I987}
and the Unified Wetland Delineation Methadology for the State of Florida dated 1 July
1994.
D. Coordinate with surveyors and/or engineers ta lacate the wetland flags as previously
placed.
2. ReportlP'ermit Caardination:
A. Prepare an Ecological Assessment Report for inclusion in the Enviranmental Resource
Permit application which will include the fallowing infarmation pertinent to the project
site:
a. Existing site condations{including a FLUCCS map};
b. Approximate landward extent of wetlands,
c. Potential for accurrence af listed plant and animal species, including wetland
dependent animal species;
"En�tnesrin,�A H��her Standard"
3(71 4�Vest State Road 434,Suite 309, Winter Springs, FL 327fl8 •4t37-992-9160 •Fax 4�7-358-5155
Mr. Brian Fields,P.E. P-129229
January 24, 2013 (Updated February I,2013)
Page 4
d. Projected wetland impacts and analysis of proposed wetland impacts utilizing the
Unified Mitigation Assessment Methodology (UMAM) and/or Wetland Rapid
Assessment Process(WRAP);
e. A discussion of secondary and cumulative impacts associated with the project;
£ A discussion of avoidance and minimization of wetland impacts associated with
the project (alternate site plans must be prepared by others if required by the
agencies), and;
g. Proposed use of an approved mitigation bank to off-set projected wetland
impacts, if necessary.
B. Participate in a pre-application conference with the District.
C. Schedule and attend site review with the District.
D. Prepare responses to Requests for Additional Information(RAI)from the District.
CIVIL ENGINEERING SERVICES
1. Final Engineering:
A. Prepare final construction drawings suitable for bidding and construction for the required
improvements. Design services will be provided for the following:
1) Roadway typical sections.
2) Roadway pa�ing, grading, and drainage improvements.
3) Pavement analysis and design.
4) Quantity computations.
5) Utility coordination and adjustment sheets.
6) Signing&pavement marking plans.
7) Signalization plans.
8) Temporary Tra�c Control Plan notes.
9) Design of a future driveway connection to SR 434 from the property on the
southwest corner of the intersection.
B. Conduct meetings with the City staff to review the construction documents.
C. Prepare for and attend two public information meetings.
"En�ineerin,�A Hi,�her Standard°
302 West Stafe Road 434, Suite 309, Winter Sprirjgs, FL 32708 •4d7-992-9160 •Fax 407-358-5155
Mr. Brian Fields,P.E. P-129229
January 24,2013 (Updated February l, 2013)
Page 5
D. Prepare an opinion of the probable construction costs.
E. Coordinate with FDOT regarding the LAP agreement, and respond to FDOT's review
comments.
F. Perform subdivision wall �esign. The wall design will be based on matching the existing
wall and sign design.
2. Permitting Services:
The following permits/approvals are anticipated to be required prior to construction, or in
conjunction with the proposed improvements. Applications for these permits/approvals will be
completed, submitted to the City for executior, and forwarded to the appropriate regulatory
agency for processing. Coordination with the regulatory agencies will be provided during the
permit application review process, and requests for adaitional information as related to the
engineering issues will be addressed. Attendance at the required meetings will also be performed.
A. SJRWMD ERP permit modification.
B. City of Winter Springs Subdivision Wall Permit.
COMPENSATION
Final Engineering and Permitting ...................................................................$97,739.89
Refer to Attachment "A"for a detailed breakdown of the manhou;s and fees.
SCHEDULE
A six(6)month project schedule is anticipated to complete the design of this project.
We appreciate the opporiunit;� to provide this proposal and trust that the information provided herein is
sufficient for your needs. If you have any questions or require additional information,please contact us.
Very truly yours,
PEGASUS E EERING,LLC
.
Fursan . Munjed,P.E.
Project Manager/Princi
Attachments
"En�ineerin,�A ki�her Standard'
301 Wesf State Road 434,Suite 309, Winter Springs, Ft 32708 •407-992-9160 •Fax 407-358-5255
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ATTACHMENT"A"
FINAL DESIGN
MANHOUR&FEE ESTIMATE
Project Name: SR434 and Winding Hollow Boulevard
Description: Intersection Impravements-Add an Eastbound Right-Turn Deceieration Lane
Prepared By: Fnrsan Munjed Date: 1/2d/13 Updated February 1,2413 P-129229
. ........................
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:�::•:>:::�:::�::::�::�:!::::>::�:� � . o lt�iarthours S�lg Cost AveY.a e..
..•...........•....�...�......-. :�:�:::::::::::::::::•::�:>:::�:::�::'>:.,'!.'.::�:�:-:;.:..�.:;.::...................,..�Y:>:<:�:........•.-............Y......;............:...:......F`Y........r......�..
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:�::Huy,rs:::: :::�:�Rate:>:: >::fiaurs�:>: >:::Rate::::::::�Ho:i[is::�:;:::: 12ate>::::>:�:HOUrs.�.•.� ::::Rat�:�:•:•: :•$y�:etiv�ty.:..::�orActS��Yy....Hourl Rate:
.�.•...�...•..:..:.:....:.:...�..�...�..•.�
. .. . . .. . .
..... ..
Roadway Design and Plans 62 $149.60 207 $ll l,l l I24 $70.88 2I $58.10 414 $42,2$4.19 $10214
Drainage Plans 24 $149.60 '79 $I11.2I 47 $74.88 8 $S$.10 I58 $1b,164.25 $I0232
Signinp�MarkingFlans 7 $349.60 23 $II1.ii 14 $70.8$ i $58.10 45 $4,653.35 $143.44
rafficSigna]izationPlans 28 $144.60 60 $111.11 36 $74.8$ 5 $5&.1Q 114 $12,20L5$ $102.53
Pubiiclnvolvement 4 $149.60 12 $ill.11 7 $70.8$ 1 $58.10 24 $2,485.98 $103.58
SubdivisionWallDesign 4 $149.60 12 $111.11 7 $70.58 I $58.10 24 $2,485.98 $103.58
................................... ....
................:::..........::::::::::.. ...........
....TQ"i'�k�;S::::::!::�:�:::�:�:�>:>:::::Ii'� :::$L7+8(12:4f!::::::.:.::.:393:>:•:•�43 666•23 :::�:�::�:::235 ...$1d b5G8(} .......... 7....., ...
........ .............. ............
::::>::. .. , .�.....................,................3. ....$Z,�,49.7Q::�:�:::::::784:.::,::.:�$Q,2?5:13 >:�:::$:142:.39
TOTAL CON'TRACT FEE COMPUTATION (Check Appropriate Block)
Salary Cost $80,2�5.13 (X} Revised Estimate i
(a) Design Survey&Right-of-Way $1,950.00
(b)Legal Descriptions&Sketches $1,305.00
(c)Vacuum Excavations(Soft[7igs) $2 q70.pp
(d)Geotechnicat Engineering $4,445.75
(e}Enviranmental Engineering $3�7162g
(f}Direct Reimbursattkes $1,657.72
{!�)SJRWMD Permit Modification Fee $1,410.00
(i)City of Winter Springs Subd'rvision Wall Permit Fee $500.00
TOTAL Al-fOUNT $47,739.89
Q:\PROPOSALS�20121P-129229-SR 434 and Winding Hollow Fioulevard Intersectio�\[P-129229.XL,5]2.ROAllWAY
TINAL DESIGN
Project Name: SR434 and Winding Hotlow Boulevard
Description: Intersection Improvements-Add a�Eastbound Right-Turn lleceleration Lane
Pre ared B : Fursan Mu»'ed Date: Q1124113 R224229
.....
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................. ......... ......_.... ...... .........�. .............:............._..........,.............................
ROADWAY DESIGN AND PLANS
K Ma Sheet 1 4 4
Horizontal Ali nment-Turn I.ane Desi n L.S. I 36 36
Vertical Ali ment L.S. 0 0 0
Summa ofPa ttems L.S. 1 24 24
Pro'ect La out Sheet Each 0 0 0
ical Section Each 2 16 32
General Notes L.S. 1 8 8
Horizontal and Vertical Conuat L.S. I 4 4
Plan Sheets 2d' Sheet 2 12 24
Profile Sheets 20' Sheet 0 0 0
Cross Sections Each 12 4 48
Intersection Detail Sheet Sheet 1 16 16
uantities(Com utation Baok L.S. 1 24 24
Cost Estimate Each 1 8 8
Tem ora Traffrc Conkrol DetailslNotes L.S. 1 16 ]6
Utili Coordinatian Each 4 8 32
Utili Ad'ustment Plans Sheet 2 8 16
Erasion Contrai I}etails Sheet 3 2 6
Coordination with FDOT&Addressin Comments L.S. I b0 50
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........ .................. 36
A! C&Caordination
Field Reviews EA 2 2 4
Meetin s EA 4 4 16
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Q:\PROPOSALS�2q12\P-129229-SR 434 and Winding Hollow Boulevard Intersection\[P-129229.XLSj2.R0ADWAY
FINAL DESIGN
Project Name: SI2434 and Winding Hollow Boulevard
Description: Infersection Improvements-Add an Eastbo�nd Right-Turn Deceleration Lane
Pre ared B : Fursan Mun'ed AaEe: 01124123 P-129229
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DRAINAGE PLANS
Summa of Draina e Structures Ea 4 2 8
Draina e Data Sheet - Ea 4 4 16
Desi of Storm Drains Ea 4 4 I b
Drain e Anal sis&Desi L.S. I 40 40
Permittin L.S. 1 40 40
Coordination with FDOT" L.S. 1 16 16
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A/ C 14
Field Reviews EA I 4 4
Meetin s EA 1 4 4
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FnvnU nESZ�rr
Project Name: SR434 and Winding Hollow Boulevard
Description: Intersection Improvements-Add an Eastbound Right-Turn Deceleration Lane
Prepared B : Fursan Munjed Date: dlf24J13 P-I29229
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SIGNING AND MARKING PLAIVS
Ke Sheet Sheet i 1 1
Tabulation of Quantities Sheet I 12 12
General Notes L.S. 1 4 4
PIan Shee#s 20' Sheet 1 24 24
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QA/ C&Coordination 4
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Fmraz.,n�sr�N
Project Name: SR434 and Winding Hollow Boulevard
Description: Intersection Impravements-Add an Eastbound Right-Turn Deceleration Lane
Pre ared B : Fursan Munjed Bate: 01124/13 P-229229
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SIGNALIZATTON PLANS
Key Sheet Sheet 1 1 1
Tabulation of Quantitias SheeC 1 16 16
Genera)Notes L.S. 1 4 4
Plan Sheet 20" Sheet I 64 54
Mast Arm Stn�ctural Analysis&Details Each 1 24 24
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A/ C&Coordination 10
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FINAL D�SIGN
Project Name: SIi434 and Winding Hallow Boulevard
Description: intersection Improvements-Add an Eastbound Right-Tnrn Deceleration Lane
Pre ared B : Fursan Mun'ed Date: 01/24113 P-129229
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PUBLIC INVOLVEMENT
Attend Meetin s Each 2 4 8
Pre are Exhibits L.S. 1 lb 16
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FINAL DESIGN
Project Name: SR434 and Winding Hollow Boulevard
Description: Intersection Improvements-Add an Eastbound Right-Turn Deceleration Lane
Pre ared By: Fursan Munjed Date: Ol/24/13 P-129229
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WALL DESIGN
Desi n L.S. 1 24 24
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Steven L.Anderson,Jr.,PSM,PLS James E.Mazurak,PSM
Charles M.Arnett,PSM ,,,._ ,,. Thomas K.Mead,PSM,PLS
Russell�.Daly,PSM,PLS Timothy O.Masby,PSPi!
Michael L.Daugherty,PSM James L.Petersen,PSM
Bruce C.Ducker,PSM � William C.Rowe,PSM
James M.Dunn,!I,PSM � Tony G.Syfrett,PSM,PLS
Mark J.Efird,PSM John S.Thomas,PSM
Thomas F.Ferguson,PSM Rick J.Travis,PSM
Tate B.Flowers,PLS �� Catherine E.Galgano,GISP
Robert W.Gardner,PSM r��g�p��ryg}r���¢�����jp� Pa#rick J.Phillips.GISP
Brian R.Garvey,PE ��yjRg�e Soudr+east SYnce 19T2 Donna L Canney,CST IV
Jennings E.Griffin,PSM Kirk R.Hall,EI
www.satrfheastemsurveying:com
Daniel J.Henry,PSM,PLS Frank B.Henry,GST IV
Ga B.Krick,PSNi info@sautheastemsurveying.com
rY David M.Rentfrow,CST tV
Brad J.Lashley,PSM,PLS Steve D.Smith,CST IV
Myran F.Lucas,PSM Ceieste B.van Gelder,GST N
Land Surveying&Mapping Services•Sub-Surface Utility Designatian&Location Services•Geographic Information Sysfems�GPS Asset lnventories
January 22,2013
Via email: fursanna,pe�asusen�ineerin�.net
Mr. Fursan S.Munjed, P.E.
Pegasus Engineering,LLC
301 West State Road 434, Suite 349
Winter Springs,FL 32708
RE: City of Winter Springs- SR 434 and Win�ding Hollaw Boulevard Intersectian Impravements
Section 35,Township 20 South,Range 3Q East, Seminole County,Flarida
Dear Mr. Munjed,
We are pleased to submit our Revised proposal for Surveying Services and Utility Location on the above
referenced project.
TASK I: SCO►PE CIF WORK
Provide a Design Tapographic Survey and establish the apparent right-of-way line in accordance with
Chapter SJ-17 F.A.C. ta �nclude the fallowing:
1. Locate all improvements and utilities, as evidenced by abave graund features or as marked by the
designated utiiity campany representative.
2. Obtain spot elevations on naturalground and existing improvernents suitable far interpolation ofone foot
cantours ta be shown on the finai drawing.
3. Establish the locatian of the right-of-way ]ine based an a combinatian of sectional monumentation,
existing right-of-way manumentatian and a review t�f parcel descriptions as found on the Seminale
County Property Appraisers site.
4. Perform cross sections at 50 foot intervals.
5. Establish a minimurr� af two{2}site benchmarks.
6. Topographic coverage will be limited to the area as marked and annatated on that aerial print provided
to SSMC via e-mail on 12/10/12 by Pegasus Engineering,LLC.
TASK Ti: SC4PE C)F W4RK
1. Prepare descriptionsJsketches for the proposed right-of-way and easements. {3 Total}
The final product wi]1 be two{2)certi�ed prints,an electronic file af same on disk far your use.
6500 AI{American Btvd. 113Q Highway 30, 42p0 Baymeadows Rd. 119 West Mai�Street, 70 East Lake Street, 3941 68th Avenue
Oriando,Fl 32810 Chip4ey,FL 32428 Jacksanviite,FL 32217 Taveres,FL 32778 Kissimmee,F�34744 Pinellas Park,Fl 33781
407.292.85$0 $50.636.0790 904.737.5990 352.343.4880 407.944.4880 727.525.6945
407.292.0141 Fax 850.638.8069 Fac 904.737.5995 Fax 352.343.4914 Fax 407.944.0424 Fax 727.522.1403 Fax
Licenses: PSM:Fiaride Professionat Surveyor&Mapper•PLS:A3abama Professiona!Land Surveyor•PE:Professionai Engineer
CeR�cations: EI:Engineering Intem•GISP:Geographic Information Sysfems Prafessional�CST:Certified Survey Technician
Page 2
Mr. Fursan S. Munjed,P.E.
Czty af Winter Springs- SR 436 at Palm Springs Drive Intersection Lmprovements-Revised PropasaC
January 22, 2013
TASK III; SCOPE OF WORK(Test Holes)
1. Coordinate Sunshine One Call and utitity locates to include suppiemental calls to each locator ta expedite
the field marking of each subsurface utility as required by law.
2. Expose any subsurface utilities in conflict "to a depth of 10 feet'° by using nan destructive vacuum
excavation methods at ane {l} proposed pole location and additionai Test Ho1es in the area of the
proposed turn lane indicated by Pegasus Engineering,LLC.
3. Confirm/determine the vertical and harizo11ta1 position af the subject utilities and record the infarmatian.
4. Tie each test hole locatian into a minimum of three visible physical features tn enable this data to be
added ta yaur base map and also enable future recovery.
The final product will be Test Hole Data Reparts/Sketches of the project area reflecting all pertinent data for your
use.
It is our understanding that Pegasus Engineering,LLC wi11 make avai�able a11 plans and utility recards that have
been obtained for this site, However,the infarmatian provided by Pegasus Engineering, LLC is also dependent
upon a Sunshine State One CaI1 of Florida{SSOCOF}request far utility owners and/or their representatives ta
mark their buried underground plant at the project site as required by law.
Additional research will only be conducted if requested by Pegasus Engineering,LLC.Every effort will be made
to identify the lacation nf said underground utilities within the praject area including the use of Ground
Fenetrating Radar,EIectranic Line Locating Equipment arzd�acuum Excavation methods,as naeded.I�awever,
due to the inherent uncertain nature of subsurface utilities,including deficient or a misrepresentation of
prints,Southeastern Surveying and Mapping Corparatian cannat guaran�ee that ail subsurface utility lines
will be accounted for.
It is also expected that the Design Engineer will perform sufficient Utility Coordination with the Utility providers
in this location to affirm the infarmation from these efforts and to confirm that no other subsurface utility is
possibly undetected by these effarts.
Also being understood that the construction cantractor is responsible ta ahide by Sunshine State One Cali,Flarida
State Statutes Chapter 556.105.
M.O.T.will be used only if absolutely necessary and these invoice charges will be an addition ta the tatal per day
rate and reflected on aur invoice ta you.
Note: If perrnitting is required far said work,these charges will alsa be additional and reflected an our invoice
ta you.
Note: Test Holes that require a depth of greater t}�an ten(10)feet,or require a substantiat amount of increased
effort(sleeving,shoring,de-watering,etc.),then said Test Holes may need ta be negotiated separately on a case
by case basis if normal vacuum excavation practices do no#allaw said utilities to be expased.
T.�Proposal�l'egasus Engineering,LLC\City of Winter Springs_SR 434&Winding Hollow Blvd.Intersection Improvememts Revised.wpd
Page 3
Mr. Fursan S. Munjed, P.E.
City of VtTinter Springs- SR 436 at PaIm Springs Drive Intersection Improveznents-Revised Proposal
January 22, 2013
Nate: All utility sizes given are outside diameter unless otherwise specified and are approximate only due to
uncontra]lable field conditians that may be encountered during excavation.
Note: Any additianal overlaying or restoration of pavement,ather than the replacement af materials remaved
and cold patched,will be the responsibility af Pegasus Engineering,LLC.
Our fee for the above referenced work will be as follows:
Task I: $1,950.00
Task II: $ 435.00 Each (anticipate 3 total)
Task III: �2,470,00
We anticipate completion of the abave described wark within two(2}weeks after receipt of approved permit and
written r►otice to praceed. Payment is expected within thirty(30)days from date of invoice.
We look forward to the opportunity to work with you on this project.
Sincerely,
__�1��-:-��� �`��'�`,."`,.-
Gary B. Krick,P.S.M.
President/Project Manager
GBK:gac-hmk
T:\ProposallPegasas Engineering,LS C1City pf Winter Springs_SR 434&Winding Hollow Blvd.Intersection Impravememts Revised.wpd
Page 4
Mr. Fursan S. Munjed,P.E.
City of Winter Springs- SR 436 at Palm Springs Drive Intersection Improvements-Revised Proposal
January 22, 2013
If your firm requires a contract to be in place, a PROFESSIONAL SERVICES AGREEMENT will need to be
furnished to Southeastern Surveying and Mapping Corporation in lieu ofyour signature ofapproval.No work will
be commenced prior to the acceptance of said agreement in writing by both parties. AN
AGREEMENT/CONTRACT WILL NOT BE ACCEPTED AFTER THIS PROPOSAL LETTER HAS
BEEN SIGNED AND WQRK HAS COMMENCED.
Please address and send all Contracts and Sub-Consultant Agreements to the Orlando Corporate Office
located at 6500 All American Boulevard,Ortando,FL 32810.
Ifthe above scope,period of service and method of compensation meets with your approval,please execute below
and f� to Southeastern Surveying and Mapping Corporation as notice to proceed along with the notice of
commencement.
The individual signing this Proposal represents and warrants that they have the power and authority to
enter into and bind the parties for whom they sign.
ACCEPTED BY:
/
Principal/or Corporate Officer TITLE Printed Name Date
The person who is executing this document must indicate that he/she is a Principal or Corporate Officer.
If signor is other than a Principal or Corporate Officer, a letter of authorization on company letterhead
signed and notarized by a Principal or Corporate Officer indicating said person is authorized must be
attached at time of signature.
T:�Proposal�Pegasus Engineering,LLC\City of Winter Springs_SR 434&Winding Hollow Blvd.Intersecrion Improvememts_Revised.wpd
,��� In,�`c�rn�a�on
/� TaBuild C�n
IEngin�eer�ng*Cc►r�utd,n�gr•7i�st+ingr
December 11, 2012
Revised January 23,2413
Pegasus Engineering,LLC
3Ql West S.R. 434
Suite 3Q9
Winter Springs, Florida 32708
Attention: Mr. Fursan Munjed, P.E.
RE: Proposal
Geotechnical Engineering Services
Proposed Turn Lane&Mast Arm Signal Poie
State Road 434 at Winding Hollow Boulevard
Seminale County, Florida
PSI Praposal Na. 75'7-84S06R
Dear Mr. Munjed:
Pursuant to your request far proposal, Professional Service Industries, Inc. (PSI} is pleased to submit
the following fee propasal for perfarmance of geotechnical engineering services for the referenced
project. This proposal has been prepared based on the information pravided by Pegasus Engineering,
LLC.
Proiect In formatian
T'he subject site is located in Seminale County, Florida. Specifically, the project is the proposed
construction af approximately 40Q �inear feet of new tum lane far the eastbo�rnd lanes af State Road
434 {SR 434} at Winding Hollow Boulevard in Wir�ter Springs, Flarida. State Road 434 is currently a
faur lane divided raadway with a left turn lane at Winding Hallaw Boulevard.
The praposed new turn lane will ex�end from approximate?y 420 feet west af the centerline of Winding
Hollow Boulevard ta the southbound lane of Winding Hollow Boulevard. The turn lane will be
constructed within the area currently containing grass aiid a sidewalk. Additionally, a new mast arm
signal pale will be constructed at the southwest corner of SR 434 and Winding Hollow Boulevard. A
large brick entrance wall and landscaping for the Winding Hollow subdivision is present in the vicinity
of the planned rnast arm pole.
If any of the noted project information is incorrect ar has changed, PSI should be notified so our scope
of services can be amended as appropriate.
Professionat Service Industries,Inc.•1748 33rd Street•drlando+FL 32$34•Phone 407/304-5560•Fa�t 4071304-556i
Engineering Certsficate af Authorization 3684
Pegasus Engineering,LLC January 23, 2013
FSI Praposal No.757-84506R Page 2 of 4
Scope of GeotechnicaC Servrces
The purpase of PSI's scope of work is to obtain information on the general subsurface soil and
groundwater conditians along the alignment af the praposed t�zrn lane and at the planned mast arm
signal pole location. The subsurface conditions encauntered will then be evaluated with respect to the
available project characteristics. In this regard, geotechnical engineering recommendations related to
the proposed construction will be formulated, includang recomrnendations far the mast arm structure
per Seminole County standards.
The following services will be provided in order to achieve the preceding abjectives:
1. Review readily available pubtished geologic and topagraphic infarmatiQn. This
published information will be abtained from the appropriate quadrangle map pubIished
by the United States Geological Survey {USGS) and the "Soil Survey af Seminole
County, Florida" published by the United States Department of Agriculture (LTSDA)
Soil Conservation Service{�CS).
2. PSI will execute a program of subsurface sampling and �eld testing. As requested, we
propose to perform three (3) auger borings within the proposed turn lane aligrmnent ta
depths af 10 feet below existing grade. The borings will be spaced at approximately
1 QO-foat intervals. One-half day of muck probing will be conducted in areas suspected
of containing surficial organic soils. The auger borings will be perfarmed in the current
sidewalklgrass area. In addition, we were requested to perfarm one (1} Standard
Penetration Test (SPT) boring for the proposed mast arm signal pole. The SPT boring
wi11 be extended 35 feet below existing grade. The mast arm baring wi11 be performed
in the landscape area south of the entrance wall and within the area clear of overhead
power lines.
3. Visuatly classify and stratify representative soil samples in the �aboratory using the
AASHTO classification system. Conduct a limited laboratory testing program to aid in
classification af soil samples. Identify soi� conditions at eaeh boring lacation and form
an opinion of the site soil stratigraphy.
4. Collect groundwater level measurernents in the boreholes and estimate norn�al wet
seasonal high groundwater 1evels,
5. The results of the field exploration and laboratoz�y tests wi11 be used in the engineering
analysis and in the formulation of our geotechnical recoznmendations.The results of the
subsurface exploratian, including the recommendations and the data on which they are
based,will be presented in a written report.
Schedule
We are in a position to start work on the assignment immediately upon receipt af authorization to
proceed. The first task will be to camplete a utility clearance af the site through Call Sunshine. The
fieldwork, laboratory services and report preparation will take on the order of 3 to 4 weeks to cornpiete.
PSI can provide verbal results of our findings and analyses perf`ormed as they are completed prior to
the issuance of our reparts.
�a�i
Pegasus Engineering,LLC January 23, 2013
PSI Proposal Na. 757-$450bR Page 3 of 4
Service Fee
It is proposed tt�e fee for performance af the above-autlined services be determined on a unit price
basis, in accordance with our attached Schedule of Services and Fees, and the work be perf`ormed
pursuant to our General Canditions. Copies of our Schedule of Services and Fees and General
Conditions are enclased herewith and incorporated by reference into this propasal. Qn the basis of the
estimated quantities and the Schedule of Services and Fees, it is estimated the fees will be$4,445.75.
We appreciate the opportunity to offer our services ta your project and Iook forward to working with
yau. If this proposal is acceptable, please sign below as natice to proceed and return one (1) capy of
this proposal intact to our office. Should you have any questions in regard ta this proposal, please do
not hesitate to contact this office.
Sincerely,
PROFESSIONAL SERVICE INDUSTRIES,INC.
Certificate of Aathorization Na.3684
�,,���'�•�""�e, l�t"• ��tec.r��. � �--"�,�
l ," �J�--�'�
i��
Jonathan K. Thrasher, E.I. Robert A. Trompke, P.E.
Staff Engineer Geotechnical Department Manager
757-&4S06R{SR 434 Twn Lane at Winding Hollow Bivd}
Attachments
• Schedule of Services and�'ees
• General Conditions
AGREED TO T�IIS DAY OF ,
BY (Please Print}:
TITLE:
COMPANY:
SIGNATURE:
�i .7i
Pegasus Engineering,LLC January 23, 2013
PSI Proposal No. 757-845Q6R Page 4 af 4
SCHEDULE OF SERVICES AND FEES
Geotechnicai Engineering Services
Praposed Turn Lane & Mast Arm Signal Pole
State Raad 434 at Winding Hollow Boulevard
Seminote Counfy,Florida
Unit Total
Descriptian uanti Unit Rate Cost
I. FIELD INVESTIGATIt3N
p� Mobilizatian i Each $250.40 $ 254.04
(Truck-Maunted Drill Rig)
B. Utility ClearancelBoring Layout— � Kaurs 46.25 185,Q0
Senior Engineering Technician
Auger Borings
C' (3 to 10 feet) 30 L.F. $.50 255.00
D. Standard Fenetration Test(SPT) 35 L.F. 10.00 350.00
Borir�gs{1 t�Z 35 ft}
E Maintenance of Traffic(Flagrnan,
signs, safety cones}—Senior b ��ours 46.25 277.50
Engineering Technician
F. Muck Probings 0.5 Day 600.00 300.00
Subtatal Field Investigation $ 1,617.50
II. LAB4RATORY TESTING
A. Senior Engineering Technician 1 I�ours $46.25 $ 46.25
(Visual Classification)
g, -200 Sieve 4 Each 35.00 240.00
e, Natural Moisture Content q. �;ach �S.p� 60.04
D, Organic Cantent 4 Each 4q.00 160.00
E. Atterberg Limits 2 Each 75.00 150.00
Subtotal Laboratory Testing $ G5�.25
III. �NGINEEF�ING SERVICES
A. Principal Engineer 2 Hours $ 120.00 $ 240.00
B. Project Engineer 16 Hours 97.00 1,SSZ.QO
C. Draftsman 4 Hours 50.00 200.00
D. C�erical 4 l-Iours 45.04 1$0.44
Subtotal Engineering Services $ 2,172.00
TOT.AL ALL SERVICES $ 4,445."l5
�i
GENERAL CUNDITIONS
l.FAR7IFS AND SCdPE OF WORK:Professtonal Service I�dustries Inc.("PST"}shall include said company ar its particular divisian,subsidiary or:iffiliate petfarming t(ze wark."Wark"means
tha specifio service ro be pedormed by PSI as set forth in PSl's proposal,ClienPs acceptance thereof and these General Conditions.Additional work ordered by Client shal]afso be subject to these
General Conditions. "ClienP'refers to the person or business entity ordering the work to k�e done by PSI.If Glent is oidering t6e work on beh:ilf of wother,Client represents and warrants that
it is the dvly authori2ed agent of said party for the purpose af orderin�aud directing said work.Unless otherw'tse stated in writing,Cliant assumes sale responsibility for determining whether the
quantity and the nature of the work ordered by the client is adeqi�ate and sufficient for ClienPs intended purpcase.Clieut shall communicate these Generat Conditions to each and every third party
to whom Client transmits any part of PSPs work.PSi shall have no duty or obligzYion to any third parry greater than that set forth in PSPs proposal,Client's acceptance tlfereof and these General
Conditions.The ordaring af u�ork fram PSI,ar the reSiance on azry af PSI's wor9;,shall mnstitute accegtanr�of the terms of PSI's praposai aod t�ese GeE�eral Conditious.cegardless of the terms
of any subseyuently issued document.
2.TESTS AND INSPEC'CIONS:Client shall cause all tests and inspections of[he site,materials ancl work pedormed by PSI or others to l�e timely and properly performed in accorda�ice with
the plans,sgecifrcations and contract documents and PSI's recommendations.No ciaims for toss,daa�age or injury shall be brought against PSI by Clieat or any third party unless alI tests aud
inspections have been so performed aad ualess PSI's recontmendations have been followed.Client aa ees to indemnify,defend and hold PSI,its o£ficers,em�loyees and agents hannless fram
any and all claims,suits,lossas,costs and expenses,including,but not limited ta,court casts and reasonable attomey's fees in the event that alt such tests and inspec[ioos are not so pedom�ed or
PSl's recommendations are nol so followed.
3. PREVAILING WAGES. This proposal specificatly excludes compS'sance with any project]abar a�reement,3abar agreemaut,ar other unian or apprent'sceship rec}uirements. [n additioa.
utrless explicitly a�reed to in the body ot this proposal,this proposal specifically excludes compliance with any state or federal prevailio�w�aoe law or associated requirements,includin;the
Davis Baco�Act. Doe to the professional nahue of its services PSI is generally exempt from the Davis Baca�Act and ot6er prevailin�wage schemes. It is agreed that no applic�ble prevailing
wage classification or wa�e rate has becn provided ta PSI,and that a11 wa�es and cos€estimatas coniained herein are based salely upon standard,non--prevaiting xa�e rates. Shautd it later be
detennined by the Qwner or any applicable a�eacy that in fact prevailin�wage applies,then it is agreed that t6e contract value of this agreement shall be equitably adjusied to aacount for such
chan�ecl circumatance.These exclusions shall survive the completion of the project and shall be mer�ed into any subsequently execured document bekween the parties,regazdless of the terms of
such agreement.C7ieot will reimhurse,defend,i�tdemnify and lmld ha�n4ess F3f from and against any liabitit�resu(ting from 2 subseqoent determit�atio�i that prevailita�wage regulations¢over
the Project,including all costs,fioes and attorney's fees.
4.SCHEDULING OF WORK:'fhe sarvices set forth in PSI's proposal and Client's acceptance will be accomplished by PSI personnel at the prices quoted. If PSI is reyuired to delay
commencen�ent of the wock or if.upon etnbarking upon its work,PST is required ta stop pr iQten'upt dte progress of its work as a result of chaoges in the scope of the work requested by Clien[,to
falfiIl the requirements of third parties,interruptions in ihe progress af constniciion,or ather causes beyond the direcs reascmabla cantrol of PSf,additional charges will be agp3icable and payable
by Client.
5.ACCES5 TO SITS:Client will arrange and provide st�ch access to the site aod worA as is nuessary for PSI to pedorni the work.PSI shafl take reasonable me�7sures a�d precautions to minimize
damage to the site and any improrements lo�rted thereon as the resalt of its wark or the use af its equipmeat.
6.CLIENT'S D1JT1'TO NOTIFP ENGINEER:Client wanrants tha[it has advisecl PSI of any known or suspected h�zardous materials,utility lines and pollutants at any site at which PSI is to
do work,and unless PSl has assumed in writing the responsibility of locating subsudace abjects,strucmres,lines or conduits,Client agrees to defend,indemnify and save PSI h:unnless frorn all
eSaims,suits,]osses.costs and expenses,inetuding reasonable attomey's fees as a resalt af persanal injury,deat6 or property damage ocourring witlr respect to FSI's perl`orznance of its work and
resulting to ar caused by contact with sabsurface or latent objec[s,structures.lines or conduits where the actual or po[ential presence and tac�tion thereof were uot revealed to P51 by Client.
'7.RESPON5IBILITY:PSI's work shall not include deternuning, supervising or implemeoting the meaus,methods,techniques,sequences or pracedures of construction.PS!shall not be
responsible for evaluarina,reportin�oe affecting jab mnditions coneerning healtlt,safety or wetfare.PSI"s work or faiture to pedomt same shall not in any way ezcuse any conttactor,suba�ntr
actor or sti�iplier frarn performance of its�vork in accordancaµ�ith the contract documents. Ciient�tgrees that it shait require sabrogation ta be c+�aived a�ainst PSI and far PSI ta be added as an
Additional Insured an ail policies of iusurance,inoluding any policies required pf Client's contractors or subcontractors,cove�ing any construction or development activities to be pedornred on
the project site. PSI}tas no right or duty to stop the contraeTOr's work.
&.SAMFLE DISPOSAI,:Test specimens will be disposed'unmediately upon complation of the tasP,Ail drilliug samples will be dis}x�sed sixty(6Q)days afrer subnussic�n of PSI's report.
9.PAYME,NT:The quanrities and fees provided in tlus propnsal are P5I's estimate basecl an information provided by Client and PSI's experience on similar projects.7he accual tntnl amount due
to PSI shall be based on the actual final qaantities provided by PSI at the unit rates provided herein. Client shall be involcul once each month for work pedornied during the preceding period.
Client agrees ta�y each invoice wlthin thirty(30}c3ays af its receipt.Client filrt6er agrees ta gay interest on al3 amounts invoicect and not�,�id or abjected to far valid c�use iu writing within said
Ihirty(30)day periacl at the rate of eighteen(18)percent per annum(or the marimum iiarerest rate permitted under applicable]aw),uotil paid.Client agrees to pay PSt's cost of collec[ion qf all
amounts due and unpaid after fhirty(30)days,including court costs and reasonable attorney's fees.PSI shall�tot be bound by any provision or agreetnent requiring or proviAing far arbitration of
disputes or controc°ersies arising out of this a�reement,any prac�isio�wherein PSt waivas any rights to a mechanics'lien,os any provision catrditioni�tg PSI's right to receive payme�it far its x�ork
upon payrnen[to Client by any third party.These General Conditions are notice,where required,that PSI shall file a)iea w�henever necessary to collect past due amounts.Failure ta maSe gayment
a�ithin 30 days of invoice shall consdtute a releasa of PSI from any and all dairns which Client may have,whether in tort,contract or otherwise,and wliether known or unknown at the time.
14.ALLOCATI4N(7F RISK:CLIENT AGREES THAT PS['S SERVICES WILL NOT 3t}B.IBCi'PSI'S INDIVIt?UAL EMPLOYEES,C?FFICERS OR DIRECTORS T4 A3VY PERS(?NAL
L[ABILtTY,AND THAT I�30TWITHSTANDING ANY OTHER PROVISI�N OF THIS AGREEMENT,CLIENT AGREES THAT ITS SdLE ANL7 EXCLUSIVE REMEDY SNALL BE Td
UIRECI'ORASSERTANY CLAIM,DEMAND,OR SUIT ONLY AGAINST PSI. STA1"EMENT5 MADF IN PSI REPORTS ARE OPINIONS BASED UFON ENGINEERING JUDGMBNT
AND ARE NOT T(J BE CON3TRUED AS REFRESSNTATtONS QH FACT.
SF{dL)LD PSI OR ANY OF ITS EMPLOYEES BE FQUND TO NAVE BEEN NEGLIGENT Ih TH£PERFQRMANCE OF ITS WORR,4R TC3 HAVE MAI}8 AND BREACHHD ANY
EXPRESS OR IMPLIED WARRANTY,REPRESENTATIQN OR CbNTRACT.CUENT,ALL PARTIES CLA[MING THROUGH CLTENT AND ALL PARTIES CI,AIMING TO HAVE IN
ANY WAY RELIED UFvN PSI'S WORKAGRE.E THAT THE MAXIMUM AGGRECATE AMOUNT OF THE LIABILITY UF PSI,iTS OFFICERS,EMPLOYEES AND AGENTS SHALL
SE LIMITED T{}$25.000.00 OR THE TOTAL AM4UNT t?F THE FEE PA1D T4 PSI FC}R ITS WORK PERFORMEI}dN TI-TE PRO.iEC'f,WHICHEVER AM4UNT'IS GRF.ATER.IN THE
6VENT C1.IENT IS UNWILLING OR UNABLE TO LIM17"PSI'S LIABILITY IN ACCORDANCE WITH THE PROVISIONS SEC FORTH IN THIS PARAGRAPH,CLIENT MAY,UPON
WRITTEN REQUE3T OF CLIENT RECEIVED WITHIN FIVE DAYS OF CLIENT'S ACCEPTANCE HEREOF,I'NCREASE THE LIMIT OF PSI'S LIABILITY T4$Z�(1,OOU.�D OR THE
AMOUNT OF PSS'S FEE PATD Td PS1 FOR ITS WdRK ON THE PR4JECT,WHICIiEVER IS THE GREATER BY AGREE[1VG TO PAY FSI A$tfM EQLfiVALEF.rT TO AIV AL?DITIQNAL
AMOUNT OF 5°k qF THE TQTAL FEE TO BE CHARGBD FOR PSI'S SERVICES.THIS CHARGE IS NOT TO BE CONSTRUED AS BEII3G A CHARGE FQR 1NSURANCE OF A?dY
TYPE,BUT IS INCL2EASED CONSIDERATION FOR THE GREATER LIABILITY IIdVOLUED.IN ANY EVENT,A7TORNEY'S FE.ES EXPENDED BY PSI IN CONNECTION WITH
ANY CLAIM SHALL REDUCE Tf fE AMOUNT AVAILABLE.AND ONLY dNE SUCH AM4UNT W iLL APPLY TO ANY PR03ECT.
NO ACTION OR CLAIM,Wt1ETHER IN TORT,C4NTRACT,012 OTHERWISE.MAY BE SROUGHT AGAINST PSI,AR3SiNG FI2QM OR RELATED T4 PSI'S W4RK.MORE THAN
TWO YEARS AFT6R THE CESSATION OF FSl"S WORK NEREUNDER.R33GARDLESS OF 7'HE DATE OF DISCOVERY OF SUCH CLAIM.
1 L[NBEMNITY:Subject to the above limitations.PSI agrees not�q defend but to indetnnffy ai�d hold C(ient 6amiless from anci a�ainst any and all claims,suits,costs and expenses including
reasonab(e attorney's fees aad court msu to the extent arising out of PSI's negligence as finally determined bg a court oFlas�.Client shall provide tha s�1me protection to the exteat af its nee7igence.
In the event tl�at Cliem or CGent's pdncipal shalt bdng wy suit,cause of action,claim ot countercleim against PSI,the Client and tlie party initiating such artion shall pay to PSt the msts and
expeases incurred by PSI to investigate,answer and defend it,including reasonable attorney's and witness fees and court costs ta the extent that PSI shall prew�il in surh suit.
12.TERMINATICIN:This Agreement may be terrainated by either p.nrty upast seven days'prior written noTice.[a the eti=ent of terminatian.PSI shall be compensaied by C[ieot for atl seraices
pedormed up to and inclucling the ternunation date,includng reimbwsable expenses.
13.EMFI.OYEESlWITNES5 FEES:PSI's employees sh�ill not be r�tained as expert witnesses except by sepante,written aereement.Client agrees[o pay PSI's legal expenses,administrative
casts and fees pursuant ta PSI's then curreut fee schedule for PS[to respand ta any subpoena. For a periai of one year after tha completion of any work performed under this agreement.Client
a�rees not to soiicit,recruit,or hire any PSI emp}oyee or person who has been employed by PSi within the pseviocis twelve monshs. In the eeent Client desires to hire sueh an indiviBual,Client
7grees thnt it shal!seek the written consent of PSI,and shaCl pay PSI an amout�t eqttal ta ane-half of the employee's annualized salary,without PSI waiving other remedies it may have.
14.HAZAFDOUS MATERIALS:Nothing contained within this agreement shai!be consuued pr interjxeted as requiring PSl to assume the status of au owner,opentor,generator,storer,
trinsporter,treater or disposa2 facility as thase terms appe��r within RCRA oe x�ithin any Federal ar State statute or regulation goveming the generatian,transportation,treatmant,storage and
disposal of pollutants.Client assumes full responsibility for compliance with the provisions of RCRA and any other Federal or State sta[ute or regidation goveroing the handling,treatment,
storage and disposal of pollutwts.
1 S.CHOICE OF LAW AND EXCLUSTVE VENt)E: All claims or disputes arising ar relatin�ta this agreement shall be�oc•erned by.construed,and anforced i�i accordance the Iaws of I2lirtois.
The exclusive venue for all actions or proceedings arisin�in connection with this agreement shall be eithar the Circuit Court in DuPaQe County,Illinois,ar[he Federal Court far[he Nonhem
District of Illinois.
16.PROVISIONS SEVERABLE:The parties have entared inta this agreement in goai faiEh,and it is the specific intant of ihe parties that the terms of these GeneraI Conditions be enforced as
written. In the event any of the provisions of thase General Conditiqns shouid be found to be unenforceable,it shalt be stricken and t6e remainin�prnvisions sha11 be enforceabte.
IZ ENT[RE AGREEMENT:1"his a�eement constitutes the entire understaudin�of the parties,and there 7re no reprasentations,warranties or undertakin�s made other[han as seC forth he7ein.
This a�reement may tie amended,modified or terminated anly in writin�_siQned by each of the parties hereto.
$-900-11 (9)
?/10
Latspeich and Assoc�ates,Inc.
ECOLOGICAI CONSULTANTS
SCOPE OF SERVICES
FOR
ECOLOGICAL CONSULTING SERVICES
WINDING HOLLOW
INTERSECTION IMPROVEMENTS
in Section 35, Township 20 South, Range 30 East
City of Winter Springs, Seminole County, Florida
prepa�ed for:
Pegasus Engineering,LLC
301 West State Road 434, Suite 309
Winter Springs,FL 32708
13 December 2012
L&A No.2012-096.00
Doc:�2012-096-SOS-lOL12-r13Ll2.wpd
2711 West Fairbanks Avenue,Winter Park, Florida 32789-3314 (407)740-8482 FAX(407)645-1305
www.lotspeichandassociates.com
Scope oF Services
Winding Hollow Intersection Impravements
L&A No.2012-Q96.Q0
Doc:\2012-096-SOS-lOL12-r13Ll2.wpd
13 December 2012
Page 1
This Scope of Services sets forth the terms undear which Lotspeich and Assaciates,Inc. {the
Consultant) will provide ecological consulting services to Pegasas Engineering, LLC (the
Client}.
SUBJECT: �Yinding Hollaw Intersection Improvements
in Section 35, Township 20 South, Range 30 East
City af Winter Springs, Seminale County,Florida
1.0 SCG►PE C►F SERVICES
Provide necessary biolagica� suppart data in order to represent the Client's interest with
governmental age�cies wi�h statutory authority regulating land use in the State of Flarida,and
provide ecological consulting services needed for compliance with the patentiat permitting
requirements of the U.S, Army Corps of Engineers (Corps),the St. Johns River Management
Distr�ct {District}, the Flarida �ish and Wi�d�ife Conservation Commission {FWC}, the U.S.
Fish and Wildlife Service (Service), and Seminale County in compliance with existing rules,
regulations,and�olicies as of the date of ir�itiation of this Scope of Services.
Specifically,the City of Winter Springs to improve the intersectian of State Raad {S.R.) 434
and Winding Hollow Baulevard thraugh the construction of a right turn deceleration lane on
eastbound S.R. 434. The Scope of Services is separated into tasks for clarity, and is further
defined by the attached Sumroary Fee Sheet and the tasks outlined below.
1,1 Task I-Freliminary Ecological Assessment/Field Identificatian of Wetlands
1.1.1 Review existing databases from the Service and the FWC for the presence of
federal and state listed plant and animal species,including a search af the FWC
database for the presence of the Sauthern Bald Eagle on-site or within a one(1)
mile radius af the project area.
1.1.2 Conduct one site assessment to evaluate the presence of threatened and
endangered species, critical habitat, natural communities, and the locatian,
landward extent, and quality of potentially jurisdictianal wetlands.
1.l.3 Pield flag the landward extent af wetlandslsurface waters potentially within the
jurisdiction of governmental agencies with statutory permitting authority
following the 241 Q Final Supplement to the Corps of Engineers Wetlands
Detineations Manual(1987)and the Unified Wetland Delineation Methodolagy
for the State of Florida dated 1 July 1994.
1.1.4 Coordinate with surveyors and/or engineers to locate the wetland flags as
previously placed.
1.2 Task II-ReportlPermit Coordination
2711 West Fairbanks Avenue,Win#er Park, Flarida 32789-3314 {407)740-8482 FAX(407)645-1305
www.lotspeichandassociates.com
Scope of Services
Winding Hollow Intersection Improvements
L&A No.2012-096.00
Doc:\2012-096-SOS-lOLl2-r13L12.wpd
13 December 2012
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1.2.1 Prepare an Ecological Assessment Report for inclusion in the Environmental
Resource Permit application which will include the following information
pertinent to the project site:
X Existing site conditions (including a FLUCCS map);
X Approximate landward extent of wetlands;
X Potential for occurrence of listed plant and animal species, including
wetland dependent animal species;
X Projected wetland impacts and analysis of proposed wetland impacts
utilizing the Unified Mitigation Assessment Methodology (UMAM)
and/or Wetland Rapid Assessment Process (WRAP);
X A discussion of secondary and cumulative impacts associated with the
project;
X A discussion of avoidance and minimization of wetland impacts
associated with the project (alternate site plans must be prepared by
others if required by the agencies), and;
X Proposed use of an approved mitigation bank to off-set projected
wetland impacts, if necessary.
1.2.2 Participate in a pre-app:;cation conference with the District.
1.2.3 Schedule and attend site review with the District.
1.2.4 Prepare responses to Requests for Additional Information (RAI) from the
District.
2.0 ADDITIONAL SERVICES
The following additional services may be provided at the Client's request and authorization.
Additional services are not covered under the limiting fee for this Scope of Services. Upon
written authorization,these services shall be provided by the Consultant and billed to the Client
in accordance with the current year's Fee Schedule:
2.1 Meetings in excess of those defined above.
22 Conduct quantitative surveys for listed plant or animal species.
2.3 Develop management plans for any on-site listed plant and animal species.
2.4 Conduct site reviews with agency personnel other than the District.
2711 West Fairbanks Avenue,Winter Park, Florida 32789-3314 (407)740-8482 FAX(407)645-1305
www.lotspeichandassociates.com
Scope of Services
Winding Hollow Intersection Improvements
L&A No.2012-096.00
Doc:\2012-096-SOS-lOL12-r13L12.wpd
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2.5 Develop or implement final mitigation plans to satisfy permitting requirements relevant
to wetland, upland, and listed species impacts.
3.0 LIMITING ASSUMPTIONS
The following assumptions outline the limits of defined tasks as required of the Consultant to
provide the requested ecological consulting services for the Winding Hollow Intersection
Improvements.
3.1 The landward extent of jurisdictional wetlands/surface waters within the project area
will be field flagged once�or the Winding Hollow Intersection Improvements project.
If greater than a three-month period elapses between agency Jurisdictional
Determinations and the field location of wetland flags such that additional site
investigations are necessary to facilitate the location of the wetland flags,these services
will be submitted as an additional cost.
3.2 If natural disasters or vandals should remove flags,the flags will need to be reset.This
will be considered additional services.
3.3 If governmental regulations change during the course of this project or between initial
field reviews and permit application submittal such that additional site reviews are
requested by the governmental agency, any such required modifications or additional
site reviews will be submitted as an additional cost. Environmental permitting criteria
will be established during pre-application meetings with the applicable governmental
agencies prior to final project design.
3.4 Modifications to the final work product performed at the request of the Client that are
not the result of the Consultant's errors or omissions shall be billed to the Client on an
hourly basis as additional services in accordance with the current year's Fee Schedule.
3.5 No subsurface,soil,water,or hazardous materials investigations are included within the
scope of this project.
3.6 No archaeological investigations or coordination with the Florida Division of Historic
Resources (DHR) and/or the State Historic Preservation Officer(SHPO), such as that
usually required by the Corps and the District during permitting,are included within this
scope of services.
3.7 Services in addition to or in excess of tasks and hours identified in Section 1.0 will be
2711 West Fairbanks Avenue,Winter Park, Florida 32789-3314 (407)740-8482 FAX(407)645-13Q5
www.lotspeichandassociates.com
Scope of Services
Winding Hollow Intersection Improvements
L&A No.2012-096.00
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13 December 2012
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considered additional services and will require a modification to the contract.
3.8 The Consultant assumes no responsibility for work performed by others or for terms or
agreements not specifically described herein. Our agreement is to provide the services
described herein in a thorough,competent,and professional manner and cannot in any
manner be construed by the Client as a guarantee or warranty of assurance that the
results obtained and the reports and data provided will result in approval by any agency,
administrative board, or governmental unit of the proposed activities to be undertaken
by the Client.
3.9 The parties deem the work to be done as the performance of services of a landscape
architect or engineer within the meaning and intent of the Florida Statute 713.03.
3.10 The Consultant shall not be considered in default of this agreement for delays in
performance caused by circumstances beyond the reasonable control of the non-
performing party. For purposes of this agreement,such circumstances include,but are
not limited to,abnormal weather conditions;floods,earthquakes,fire,epidemics;war,
riots, and other civil disturbances; strikes, lockouts, work slowdowns, and other labor
disturbances;sabotage;judicial restraint;and inability to procure permits,appointments,
licenses, or authorizations from any local, state, or federal agency for any of the
supplies, materials, accesses, or services required to be provided by the Consultant
under this agreement.
Should such circumstances occur,the non-performing party shall,within a reasonable
time of being prevented from performing, give written notice to the other party,
describing the circumstances preventing continued performance and the efforts being
made to resume performance of this Scope of Services.
3.11 The services will be performed on behalf of and solely for the exclusive use of the
Client and it=s successors or assigns.
3.12 The services performed by the Consultant shall be conducted in a manner consistent
with that level of care and skill ordinarily exercised by members of the environmental
consulting profession in the same locale and acting under simiiar circumstances and
conditions. Except as set forth herein, the Consultant makes no other representation,
guarantee, or warranty, expressed or implied, in fact or by law, whether of
merchantability, fitness for any particular purpose or otherwise, concerning any of the
services that may be furnished by the Consultant to the Client.
3.13 This Scope of Services is based on existing rules,regulations, and policies in force on
2711 West Fairbanks Avenue,Winter Park, Florida 32789-3314 (407)740-8482 FAX(407)645-1305
www.lotspeichandassociates.com
Scope of Services
Winding Hollow Intersection Improvements
L&A No.2012-096.00
Doc:\2012-096-SOS-lOL12-r13L12.wpd
13 December 2012
Page 5
the date of this agreement.
3.14 Permit fees are not included within the cost estimate that accompanies this Scope of
Services.
3.15 Engineering drawings prepared for inclusion in permits will be prepared�y others and
are not included within this Scope of Services. Presentation materials will be prepared
by others.
3.16 Permit applications, if necessary, are to be completed by others.
3.17 The wetland delineation conducted on behalf of Client will be conducted following all
applicable federal,state,and local regulations.Reasonable scientific judgement and all
practicable information available to Consultant will be utilized. However, unless
reviewed and approved by the applicable governmental agencies, any wetland
delineation should be considered preliminary and subject to final survey and agency
verification.
3.18 Research, evaluations, and agency coordination regarding protected species
management and wetland mitigation alternatives are based on the site plan submitted
with the permit application. Should site plans be revised, additional services will be
necessary for any changes needed to address protected species management and/or
wetland mitigation for the project.
2711 West Fairbanks Avenue,Winter Park, Florida 32789-3314 (407)740-8482 FAX(407)645-1305
www.lotspeichandassociates.com
� LOTSPEICH AND ASSOC[ATES,INC.
2711 W.Fairbnnks Avc.
Winmr Parl:,Florida 32789
L&A Project No:2012-096.00
13-Dec•12
L&A File Name:2012-096SummaryFee-IOL12-r13Ll2.XLS
PROJECTDESCRIPTION: WindiugHollowlntersecfionlmprovements
PRIME CONSULTANI': Pegasus Enginecring,LLC
SUMMARY FEE SHEET
Project Manager Senior Specialist Proj.Env.Specialist GIS Speciulist CADD Technician S�'PCOJ�� Clerical
Coordinamr TOTAI,
Task Deuriplion Ra[c/Hr: E13137 Rate/Hr: $131.37 Ra[e/Hr: $78.03 RateMr. 579.62 RatdHr: 573.18 Ratc/Hr: 579.23 Rate/Hr: $72.96
Cost bp Cost by Cos[by Cost by Cost by Cott by Cost by Manhrs. Salary Cost by
Man Hrs Pos&Act Man Hrs Pos&Ac[ Man Hrs Pos&Act Man Hrs Pos&Act Man Hrs Pos&Act Man Hrs Pos&Act Man Hrs Pos&Act b Act Act
1.1 Etol 'cal Assessment/Wetland Delineation
1.1.12 T&EDatabaseSearches/Ea IeNestSearch 0 $0.00 1 $131.37 0 $0.00 0 $0.00 2 $]5036 2 $158.46 0 50.00 5 $440.19
1.1.2 ualita[ive$iteAssessment D $0.00 2 $262.74 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 2 S262J4
1.1.3 Wetl�nd Delineation 0 50.00 2 $262.74 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 50.00 2 $262.74
l.lA Coordw/survewrs 0 $0.00 1 $131.37 0 $0.00 0 f0.00 1 575.18 0 $0.00 0 50.00 2 $206.Si
Subtotal 0 $0.00 6 $78812 0 50.00 0 50.00 3 522554 2 5158.46 0 $0.00 11 51,172.22
21 Permit Coordioafion
L2.1 Pte arcEcolo icalAssessmentRe rt 1 SI3137 7 5919.59 0 50.00 0 $0.00 1 575.16 1 $7923 1 E72.96 11 E1,27833
1.22 Prc-A IicationMeetin wifLSJRWMD 0 SO.DO 3 5394.11 0 50.00 0 $0.00 0 $O.W 0 50.00 0 $0.00 3 S394.11
1.23 Site Review with$JRWMD 0 $0.00 3 E394.11 0 50.00 0 $0.00 0 $0.00 0 50.00 0 $0.00 3 S394.11
12.4 Pre arc Res nscs to RAIs 0 S(1.00 2 S262J4 0 50.00 0 $0.00 1 $75.18 1 $7923 0 $0.00 4 5417.15
Subtotal 1 5131.37 15 $1,970.55 0 $0.00 0 50.00 2 5150.36 2 5158.46 1 572.96 21 32,483.70
Toml
Mari
Hrs Total Salary [(MH�F1A)] 1 SI31.37 21 $?,758.77 0 50.00 0 $0.00 5 5375.90 4 $316.92 1 $72.96 32 $3,655.92
LaborFee $3,655.92
Outof-Pockel Expenses $6037
� TOTAL-LUMP SUM AMOUNT 53,71629
LOT5PEICH AND ASSOCIATES, INC.
2711 W.Fairbanks Ave.
� Winter Park, Florida 32789
L&A Project No: 2012-096.00
13-Deo-12
L&A File Name:2012-096-SummaryFee-1OL12-r13L12.XLS
Winding Hollow Intersection Improvements
City of Winter Springs, Seminole County, Florida
RATES FOR MISCELLANEOUS & REIMBURSABLE EXPENSES
Description uanti Rates Total
Consultant Expenses: $0.00
Reproduction:
Mylars 0 $7.80 $0.00
Mylars (Drawing File) 0 $25.50 $0.00
Blueline Prints 0 $0.78 $0.00
Film
Kodak Film/200 Speed/24 Exposure 1 $4.89 $4.89
Film Processing/24 Exposure Roll 1 $7.98 $7.98
Color Copies (8.5 x 11) 50 $0.95 $47.50
Courier/Express Mail: Per Piece
Courier 0 $9.00 $0.00
Express Mail 0 $15.00 $0.00
$60.37
EXHIBIT "B"
FDOT APPENDIX I
TERMS FOR FEDERAL AID CONTRACTS (APPENDIX I):
A. It is understood and agreed that all rights of the Department relating to inspection, review,
approval, patents, copyrights, and audit of the work, tracing, plans, specifications, maps,
data, and cost records relating to this Agreement shall also be reserved and held by
authorized representatives of the United States of America.
B. It is understood and agreed that, in order to permit federal participation, no supplemental
agreement of any nature may be entered into by the parties hereto with regard to the work to
be performed hereunder without the approval of the U.S. Department of Transportation,
anything to the contrary in this Agreement notwithstanding.
C. Complianc�with Regulations: The Consultant shall comply with the Regulations of the U.S.
Department of Transportation Title 49,Code of Federal Regulations,Part 21,as they may be
amended from time to time, (hereinafter referred to as the Regulations), which are herein
incorporated by reference and made a part of this Agreement.
D. Nondiscrimination: The Consultant,with regard to the work performed during the contract,
shall not discriminate on the basis of race,color,national origin,sex,age,disability,religion
or family status in the selection and retention of subcontractors, including procurements of
material and leases of equipment. The Consultant wiil not participate either directly or
indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including
employment practices when the contract covers a program set forth in Appendix B of the
Regulations.
E. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all
solicitations made by the Consultant,either by competitive bidding or negotiation for work to
be performed under a subcontract, including procurements of materials and leases of
equipment,each potential subcontractor or supplier shall be notified by the Consultant of the
Consultant's obligations under this contract and the Regulations relative to nondiscrimination
on the basis of race, color, national origin, sex, age, disability, religion or family status.
F. Information and Reports:The Consultant will provide all information and rPports required by
the Regulations, or directives issued pursuant thereto, and will permit access to its books,
records,accounts,other sources of information,and its facilities as may be determined by the
Florida Department of Transportation, Federal Highway Administration, Federal Transit
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Administration, Federal Aviation Administration, and/or Federal Motor Carrier Safety
Administration to be pertinent to ascertain compliance with such Regulations, orders and
instructions.Where any information required of the Consultant is in the exclusive possession
of another who fails or refuses to furnish this information,the Consultant shall so certify to
the Florida Department of Transportation,Federal Highway Administration,Federal Transit
Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety
Administration as appropriate, and shall set forth what efforts it has made to obtain the
information.
G. Sanctions for Noncompliance: In the event of the Consultant's noncomp?iance with the
nondiscrimination provisions of this contract,the Florida Department of Transportation shall
impose such contract sanctions as it or the Federal Highway Administration,Federal Transit
Administration, Federal Aviation Administration, and/or Federal Motor Carrier Safety
Administration may determine to be appropriate, including, but not limited to,
1. withholding of payments to the Consultant under the contract until the Consu?tant
complies and/or
2. cancellation, termination or suspension of the contract, in whole or in part.
H. Incorporation or Provisions: The Consultant will include the provisions of Pa.ragraph C
through H in every subcontract,including procurements of materials and leases of equipment
unless exempt by the Regulations, order, or instructions issued pursuant thereto. The
Consultant will take such action with respect to any subcontract or procurement as the
Florida Department of Transportation, Federal Highway Administration, Federal Transit
Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety
Administration may direct as a means of enforcing such provisions, including sanctions for
noncompliance. In the event a Consultant becomes involved in, or is threatened with,
litigation with a subcontractor or supplier as a result of such direction, the Consultant may
request the Florida Department of Transportation to enter into such litigation to protect the
interests of the Florida Department of Transportation, and, in addition,the Consultant may
request the United States to enter into such litigation to protect the interests of the United
States.
I. Interest of Members of Congress: No member of or delegate to the Congress of the United
States will be admitted to any share or part of this contract or to any benefit arisir�g
therefrom.
J. Interest of Public Officials:No member,officer,or employee of the public body or of a local
public body during his tenure or for one year thereafter shall have any interest, direct or
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City of Winter Springs and Pegasus Engineering, LLC
20
indirect,in this contract or the proceeds thereof. For purposes of this provision,public body
shall include municipalities and other political subdivisions of States; and public
corporations, boards, and commissions established under the laws of any State.
K. Participation by Disadvantaged Business Enterprises: The Consultant shall agree to abide by
the following statement from 49 CFR 26.13(b). This statement shall be included in all
subsequent agreements between the Consultant and any subconsultant or contractor.
The Consultant, sub recipient or subcontractor shall not discriminate on the basis of race,
color, national origin, or sex in the performance of this contract. The contractor shall carry
out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-
assisted contracts. Failure by the Consultant to carry out these requirements is a material
breach of this contract,which may result in termination of this contract or other such remedy
as the recipient deems appropriate.
L. It is mutually understood and agreed that the willful falsification, distortion or
misrepresentation with respect to any facts related to the project(s) described in this
Agreement is a violation of the Federal Law. Accordingly, United States Code, Title 18,
Section 1020, is hereby incorporated by reference and made a part of this Agreement.
M. It is understood and agreed that if the Consultant at any time learns that the certification it
provided the Department in compliance with 49 CFR, Section 26.51, was erroneous when
submitted or has become erroneous by reason of changed circumstances,the Consultant sha11
provide immediate written notice to the Department.It is further agreed that the clause titled
"Certification Regarding Debannent, Suspension, Ineligibility and Voluntary Exclusion -
Lower Tier Covered Transaction" as set forth in 49 CFR, Section 29.510, shall be included
by the Consultant in all lower tier covered transactions and in all aforementioned federal
regulation.
N. The Department hereby certifies that neither the consultant nor the consultant's representative
has been required by the Department,directly or indirectly as an express or implied condition
in connection with obtaining or carrying out this contract,to
1. employ or retain, or agree to employ or retain, any firm or person, or
2. pay, or agree to pay, to any firm, person, or organization, any fee, contribution,
donation, or consideration of any kind;
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The Department further acknowledges that this agreement will be furnished to a federal
agency,in connection with this contract involving participation of Federal-Aid funds,and is
subject to applicable State and Federal Laws, both criminal and civil.
O. The Consultant hereby certifies that it has not:
1. employed or retained for a commission, percentage, brokerage, contingent fee, or
other consideration, any firm or person (other than a bona fide employee working
solely for the above contractor)to solicit or secure this contract;
2. agreed, as an express or implied condition for obtaining this contract, to employ or
retain the services of any firm or person in connection with carrying out this contract;
or
3. paid, or agreed to pay, to any firm, organization or person (other than a bona fide
employee working solely for the above contractor)any fee contribution,donation,or
consideration of any kind for, or in connection with, procuring or carrying out the
contract.
The consultant further acknowledges that this agreement will be furnished to the State of
Florida Department of Transportation and a federal agency in connection with this contract
involving participation of Federal-Aid funds, and is subject to applicable State and Federal
Laws, both criminal and civil.
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City of Winter Springs and Pegasus Engineering, LLC
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