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HomeMy WebLinkAbout2015 01 26 Consent 301 Agreement with DRMP for CEI Services for Market SquareCOMMISSION AGENDA ITEM 301 REQUEST: Informational Consent X Public Hearings Regular January 26, 2015 KS KL Regular Meeting City Manager Department Public Works Department requesting authorization to enter into an Agreement with DRMP, Inc. in the amount of $160,000.70 for construction engineering and inspection services for the Intersection Improvements at SR 434 and Tuskawilla Road project, Request for Qualifications (RFQ) #002 /15BF. SYNOPSIS: Request for Qualifications #002 /15BF was advertised in October 2014 for construction engineering and inspection (CEI) services for the upcoming SR 434 at Tuskawilla Road construction project. Staff received three submittals, interviewed the three short- listed firms, and is recommending awarding the contract in the amount of $160,000.70 to the top ranked firm, DRMP, Inc. CONSIDERATIONS: The Intersection Improvements at S.R. 434 and Tuskawilla Road project consists of a comprehensive set of safety, operational, and aesthetic improvements to Market Square and the surrounding streets. The design is complete and the Final Engineering plans have been submitted for City Commission approval under regular agenda item #600 at the January 26, 2015 City Commission meeting. The final engineering plans have also been submitted to FDOT for final approval. The project is scheduled to be advertised for construction bids in March 2015. The construction contract is scheduled to be submitted for City Commission approval at the April 13, 2015 meeting, with construction scheduled to Consent 301 PAGE 1 OF 3 - January 26, 2015 begin soon thereafter. The project has a total duration of approximately six months and should be complete by November 2015. . This agenda item is for the construction engineering and inspection (CEI) services required by FDOT. CEI services are performed by a professional engineering firm and include tasks such as: onsite inspection, construction administration, verification testing, and survey control. City Staff does not have the resources or expertise to perform these services with in -house personnel. Consulting firms performing CEI services for FDOT must be pre - qualified by FDOT in the applicable work types, which for this project include Highway Materials Testing, Roadway Construction Engineering Inspection, and Construction Materials Inspection. . In October 2014 the Public Works Department advertised Request for Qualifications (RFQ) #002 /15BF from professional engineering consultants for the construction engineering and inspection (CEI) services required by FDOT for projects on the state highway system. Please refer to Attachment 1 for the Legal Advertisement. The RFQ outlined the services requested, submittal requirements, and evaluation criteria, in compliance with City and FDOT Local Agency Program (LAP) procurement procedures for professional services. . A total of three (3) submittals were received by the October 30, 2014 deadline. A selection committee comprised of City Staff evaluated the firms based on the following criteria: • Experience of the firm and proposed project team • Understanding of the project scope • Awareness of and approach to key project issues • Proposed staffing plan . Based on the selection committee's review of the written RFQ responses, the following three firms were short- listed and selected for interviews with the selection committee: • DRMP, Inc. • Parsons Brinckerhoff, Inc. • SAI Consulting Engineers, Inc. . The short- listed firms were interviewed on November 17 and 18, 2014. Based on the interviews and the written RFQ responses, the selection committee recommended a final ranking of the three firms as follows: 1. DRMP, Inc 2. SAI Consulting Engineers, Inc. 3. Parsons Brinckerhoff, Inc. . Based on the final ranking, Staff entered into scope and fee preparation and negotiation with the top ranked firm, DRMP, Inc. Attachment 2 includes the Agreement, Scope of Services, and Fee Proposal. The total fee for the CEI services is $160,000.70. Consent 301 PAGE 2 OF 3 - January 26, 2015 FISCAL IMPACT: The total cost of the CEI services in the amount of $160,000.70 is entirely federally funded and has no fiscal impact to the City. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas /Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: Staff recommends the City Commission authorize entering into an Agreement with DRMP, Inc. in the amount of $160,000.70 for construction engineering and inspection services for the Intersection Improvements at SR 434 and Tuskawilla Road project. ATTACHMENTS: 1. Attachment 1 - Orlando Sentinel Legal Advertisement (1 page) 2. Attachment 2 - Agreement, Scope of Services, and Fee Proposal (45 pages) Consent 301 PAGE 3 OF 3 - January 26, 2015 f TOR 4 at 'eby R'tied ion will brd, tam brth SUNDAY, OCTOBER 12, 2014 L -- NV��V�rS s s NOTICE TO BIDDERS C CITY OF WINTER SPRINGS A AOVERTISENIENTOF PREQUALIFICATION The Seminole County Public Schools R REUESTFOROUALIFICATIONS C Charles .Perry P hereby solicits offers .from II R RF04001 11518E s University of Florida - Stephen qualifietl and Teresied parties for U The City of Winter Springs, Florida, C C. O'Connell Center Expansion may be obtainetl ai SCPS website n nvites the submi itol of qualifications & & Renovation protect l http: //www.scps.kl2.fl.us /purcha6ing/ f from professional engineering G "TI Vd-no of the existing facility CompeiltiveSolicitaflons . aspx, or 1 Continuing Services. The City intends i including the following: new slatllum Purchasing u to select two or more consultants to s seating structure, seating replacement, Department, 400 1 perform civil engineering services a added E Sanford, FL 32773 -7127 or call 14077 ' areas including but not l enovation. and civil site design. C Charles Perry Partners, I ford, Bid Number / Title Curren Y acce cted Qualified consultants who are endor prequallfica.on forms for the II be 141500306 Musical Instruments Interested in Providing these services fallowing Scopes of work: i the Bid Opening October 21, 2014 3:30 pm may download the RFQ from: http: // 03B PRECAST TERRACE SEATING room Bid Evaluation October 28, 2014 1:00 ww.winterspringsfl.org /EN /web /goy! SYSTEM lord, Pm bids_Purchasing.htm 22A STRUCTURAL LUM PLUMBING 8 MISC. STEEL 141500328 PTLW High School The submittal deadline is 2:OD PM on 23A HVAC Ions, Engineering Materials Tuesday, October 28, 2014. 26A ELECTRICAL lists, Bitl Opening October 14, 2014 3:30 Pm may Bid Evaluation October 16, 2014 10:00 Any questions shall be directed to All Parties interested in bidding on .the am Brian Fields, P.E., Ciiv Engineer, at mis protect must be prequglified n ,cam bfields ®winterspringsfl.are or at 407- order far their bitl to be onsitleretl that 14150027Sq Professional Legislative 327 -7597. Prequaliticatibn instructions anc elect Advocacy Services forms are available by logging or h 10 2014330 m SEIA2738592 10!1271014 to hiTp: / /planroam.cppi_com /.. The arc Bitl Opening;OCtober e A. bid - ....__ .._ __ _........we. . mm. .nn 4'45 W. Amelia Street, Orlando, Flor a WG �, VV CITY OF WINTER SPRINGS REQUEST FOR I 32801 (407.317.3200) IF OF auA1FIGAl1 ,H xraew4lyur IERING The City of Wfnier Springs, Florida, ORG27S5287 10112, 10/19, 10!M014 OR invites the submittal of Exp.rd.d 120/, Letters of Response from FDOT pre - qualifietl .professional engineering CENTRAL FLORIDA EXPRESSWAY AUTHOflITY fsway consultants for Construction NOTICE fIF REQUEST FOR PROPOSALS FOR iof a Engineering and Inspection (CEI) ISSUER'S LOUNSEI SERVICES trim to Services. The CitY intends to select CONTRACT N0. 001046 W the one prime consultant to perform I,S.R. CEI services consisting of contract The Central Florida Expressway in of administration, Inspection, an d Authority (Authority) requires the Park materials sampling and testing for the buniv. Intersection Improvements at SR 434 Counsel Servi�es.I COnsitlerattlon sw111 be eluding E.tio merest Wilne, rtunitr option, s6 and to the ea.com at 4974 Florida SSWAY antl Tuskawilla Rood Prolec t. s prolect has an estimated construction arse qua�ifietlYiohperform theework as Notice To Proceed Date of FebruorY determined by the Authority. 2015 and an estimated duration of 150 calendar days. The estimated For the full version of this notice with construction cost for the protect s additional information regarding the 51,000,000. availability of proposal documents, FDOT pre - qualified consultants ho services required, proposal submittal are in /ereSTed n praVltll ng these requirements and scoring, selection services may download the RFQ from: process and other requirements, refer hitP:/lww..wIa- rsPri ngsfl..rg /E N/ to the AuthoritY'S Web Site of www. web/gov/bitls purchasing.lttm cfxway.com or 'sit the Authority's office at 4974 ORL Tower Road, The submittal deadline Is 2:00 PM on Orland., Florida 32807. Thursday, October 30, 2014. CENTRAL FLORIDA EXPRESSWAY Anv questions arding this RFQ shall AUTHORITY be directed to Bregrian Fields, P.E., City Engineer, at bfields�winterspringsfl. Director Aofl Procurement org or at 407- 327 -7597. 01G-1912 1020014 ORG2754BA3 1M2201, K t Date i a DO9 %Yando, Orange County , ORG2753252 10/127[01 d BUSINESS OWNERS Buy low, sell high! Place your professional services ad in the Orlando Sentinel Classified section at OriandoSentinel.com/ advertise f ATTACHMENT 1 arc Bitl Opening;OCtober e A. bid - ....__ .._ __ _........we. . mm. .nn 4'45 W. Amelia Street, Orlando, Flor a WG �, VV CITY OF WINTER SPRINGS REQUEST FOR I 32801 (407.317.3200) IF OF auA1FIGAl1 ,H xraew4lyur IERING The City of Wfnier Springs, Florida, ORG27S5287 10112, 10/19, 10!M014 OR invites the submittal of Exp.rd.d 120/, Letters of Response from FDOT pre - qualifietl .professional engineering CENTRAL FLORIDA EXPRESSWAY AUTHOflITY fsway consultants for Construction NOTICE fIF REQUEST FOR PROPOSALS FOR iof a Engineering and Inspection (CEI) ISSUER'S LOUNSEI SERVICES trim to Services. The CitY intends to select CONTRACT N0. 001046 W the one prime consultant to perform I,S.R. CEI services consisting of contract The Central Florida Expressway in of administration, Inspection, an d Authority (Authority) requires the Park materials sampling and testing for the buniv. Intersection Improvements at SR 434 Counsel Servi�es.I COnsitlerattlon sw111 be eluding E.tio merest Wilne, rtunitr option, s6 and to the ea.com at 4974 Florida SSWAY antl Tuskawilla Rood Prolec t. s prolect has an estimated construction arse qua�ifietlYiohperform theework as Notice To Proceed Date of FebruorY determined by the Authority. 2015 and an estimated duration of 150 calendar days. The estimated For the full version of this notice with construction cost for the protect s additional information regarding the 51,000,000. availability of proposal documents, FDOT pre - qualified consultants ho services required, proposal submittal are in /ereSTed n praVltll ng these requirements and scoring, selection services may download the RFQ from: process and other requirements, refer hitP:/lww..wIa- rsPri ngsfl..rg /E N/ to the AuthoritY'S Web Site of www. web/gov/bitls purchasing.lttm cfxway.com or 'sit the Authority's office at 4974 ORL Tower Road, The submittal deadline Is 2:00 PM on Orland., Florida 32807. Thursday, October 30, 2014. CENTRAL FLORIDA EXPRESSWAY Anv questions arding this RFQ shall AUTHORITY be directed to Bregrian Fields, P.E., City Engineer, at bfields�winterspringsfl. Director Aofl Procurement org or at 407- 327 -7597. 01G-1912 1020014 ORG2754BA3 1M2201, K t Date i a DO9 %Yando, Orange County , ORG2753252 10/127[01 d BUSINESS OWNERS Buy low, sell high! Place your professional services ad in the Orlando Sentinel Classified section at OriandoSentinel.com/ advertise f ATTACHMENT 1 eluding E.tio merest Wilne, rtunitr option, s6 and to the ea.com at 4974 Florida SSWAY antl Tuskawilla Rood Prolec t. s prolect has an estimated construction arse qua�ifietlYiohperform theework as Notice To Proceed Date of FebruorY determined by the Authority. 2015 and an estimated duration of 150 calendar days. The estimated For the full version of this notice with construction cost for the protect s additional information regarding the 51,000,000. availability of proposal documents, FDOT pre - qualified consultants ho services required, proposal submittal are in /ereSTed n praVltll ng these requirements and scoring, selection services may download the RFQ from: process and other requirements, refer hitP:/lww..wIa- rsPri ngsfl..rg /E N/ to the AuthoritY'S Web Site of www. web/gov/bitls purchasing.lttm cfxway.com or 'sit the Authority's office at 4974 ORL Tower Road, The submittal deadline Is 2:00 PM on Orland., Florida 32807. Thursday, October 30, 2014. CENTRAL FLORIDA EXPRESSWAY Anv questions arding this RFQ shall AUTHORITY be directed to Bregrian Fields, P.E., City Engineer, at bfields�winterspringsfl. Director Aofl Procurement org or at 407- 327 -7597. 01G-1912 1020014 ORG2754BA3 1M2201, K t Date i a DO9 %Yando, Orange County , ORG2753252 10/127[01 d BUSINESS OWNERS Buy low, sell high! Place your professional services ad in the Orlando Sentinel Classified section at OriandoSentinel.com/ advertise f ATTACHMENT 1 Date i a DO9 %Yando, Orange County , ORG2753252 10/127[01 d BUSINESS OWNERS Buy low, sell high! Place your professional services ad in the Orlando Sentinel Classified section at OriandoSentinel.com/ advertise f ATTACHMENT 1 ATTACHMENT 2 AGREEMENT FOR ENGINEERING SERVICES THIS AGREEMENT is made and entered into this day of 2015, 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 DRMP, Inc., a Florida corporation, authorized to conduct business in the State of Florida, whose address is 941 Lake Baldwin Lane, Orlando, Florida, 32814, hereinafter referred to as "Engineer". WITNESSETH: WHEREAS, City has a need to obtain construction engineering and inspection services for intersection improvements at S.R. 434 and Tuskawilla Road; 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. Engineering Services Agreement City of Winter Springs and DRMP, Inc. 1 b. "Effective Date" shall be the date on which the last signatory hereto shall execute this Agreement, and it shall be the date on which this Agreement shall go into effect. The Agreement shall not go into effect until said date. C. "Engineer" shall mean DRMP, Inc., 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. L "Work" or "Services" shall be used interchangeably and shall include the performance of the work agreed to by the parties pursuant to this Agreement. 1.3 Engagement. The City hereby engages the Engineer and Engineer agrees to perform the Services outlined in this agreement for the stated fee arrangement. No prior or present representations shall be binding upon any of the parties hereto unless incorporated in this Agreement. 2.0 DESCRIPTION OF SERVICES 2.1 The scope of services under this Agreement is set forth in EXHIBIT "A." 2.2 Upon receipt of the signed written notice to proceed from the City, the Engineer shall perform the services set forth herein. 2.3 The City reserves the right, at its discretion, to perform any services related to this Agreement or to retain the services of other engineering companies to provide professional engineering services. 3.0 CHANGES IN THE SCOPE OF WORK 3.1 City may make changes in the Services at any time by giving written notice to Engineer. If such changes increase (additional services) or decrease or eliminate any amount of Work, City and Engineer will negotiate any change in total cost or schedule modifications. If the City and the Engineer approve any change, the scope of services will be modified in writing to reflect the changes; and Engineer shall be compensated for said services in accordance with the Engineering Services Agreement City of Winter Springs and DRMP, Inc. 2 terms of Article 5.0 herein. All change orders shall be authorized in writing by City's and Engineer's designated representative. 3.2 All Services shall be performed in strict accordance with the applicable professional standard of care and the terms of this Agreement insofar as they are applicable. 4.0 SCHEDULE 4.1 Engineer shall perform services in conformance with the mutually agreed schedule set forth in EXHIBIT "A" or as provided in writing after the Effective Date. Engineer shall keep City apprised of the status of work on at least a monthly basis or as otherwise reasonably requested by the City. 4.2 No extension for completion of services shall be granted to Engineer without City's prior written consent, except as provided in Sections 3.1 and 19.1 herein. 4.3 Any cost caused by defective or ill -timed services shall be borne by the party responsible therefore. 5.0 METHODS OF PAYMENT FOR SERVICES AND EXPENSES OF ENGINEER 5.1 Compensation. For the performance and full completion of the Services specified herein, the City and Engineer agree that the Engineer shall be paid at the hourly rates set forth in EXHIBIT "A ", inclusive of all Services, materials, and expenses directly related to the Services. The compensation due to Engineer under this Agreement shall in no event exceed $160,000.70. There shall be no other compensation due Engineer for the Services provided under this Agreement, unless specifically agreed to by the City in writing. Engineer shall be compensated upon the full completion of the Services, or in periodic installments as set forth in EXHIBIT "A ". All services, materials and expenses submitted for payment shall be eligible for reimbursement by FDOT under the applicable Local Agency Program Agreement. 5.2 Florida Prompt Payment Act. Upon the City's receipt of a proper invoice pursuant to this Agreement, payment shall be due and payable as provided by the Florida Prompt Payment Act s.218.70 et. seq., Florida Statutes. 5.3 Miscellaneous. Under no circumstances shall actual or direct costs under this Agreement include costs associated with inefficiency, offsite or home office overhead, loss of productivity, consequential damages, legal or consulting costs, or costs associated with delays caused in whole or in part by the Engineer. Engineering Services Agreement City of Winter Springs and DRMP, Inc. 3 5.4 Errors and Deficiencies. Engineer shall not invoice the City or seek any compensation from the City to correct or revise any errors or deficiencies in Engineer's services provided under this Agreement. 5.5 Payment Offsets. To the extent that Engineer owes the City any money under this or any other Agreement with the City, the City shall have the right to withhold payment and otherwise back charge the Engineer for any money owed to the City by Engineer. 5.6 Payment not Waiver. The City's payment of any invoice under this Agreement shall not be construed or operate as a waiver of any rights under this Agreement or any cause of action arising out of the performance of this Agreement and Engineer shall remain liable to the City in accordance with applicable law for all damages to the City caused by Engineer's performance of any services provided under this Agreement. 5.7 Delay Remedy. The risk of any monetary damages caused by any delays in performing the Services under this Agreement are accepted and assumed entirely by the Engineer, and in no event shall any claim relating thereto for an increase in compensation be made or recognized. Engineer shall not make any claim nor seek any damages of any kind against the City for any delays, impacts, disruption or interruption caused by any delay. Engineer's remedy for a delay shall be an equitable extension of time to perform the Services for each day of such delay that impacts the critical path of the schedule established under this Agreement. 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 Project 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 Project Manager and all other appropriate personnel shall attend such meetings as designated by City's Project Manager. 8.0 SAFETY Engineering Services Agreement City of Winter Springs and DRMP, Inc. 4 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 shall be provided to the City for the minimum amount of $1,000,000 as the combined single limit per claim and $1,000,000 in the aggregate. b. The Engineer shall maintain comprehensive general liability insurance in the minimum amount of $1,000,000 as the combined single limit for each occurrence and in the aggregate 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 limitbodily injury and minimum $50,000 property damage as the combined single limit for each occurrence to protect the Engineer from claims for damages for bodily injury, including wrongful death, as well as from claims from property damage, which may arise from the ownership, use, or maintenance of owned and non -owned automobiles, including rented automobiles whether such operations be by the Engineer or by anyone directly or indirectly employed by the Engineer. d. The Engineer shall maintain, during the life of this Agreement, adequate Workers' Compensation Insurance and Employers' Liability Insurance in at least such amounts as are required by law for all of its employees performing Work for the City pursuant to this Agreement. 10.2 Special Requirements. Current, valid insurance policies meeting the requirements herein identified shall be maintained during the term of this Agreement. Renewal certificates shall be sent to the City thirty (30) days prior to any expiration date. There shall also be a thirty (30) day advance written notification to the City in the event of cancellation or modification of any stipulated Engineering Services Agreement City of Winter Springs and DRMP, Inc. 5 insurance coverage. The City shall be an additional named insured on stipulated insurance policies included in article 10.1.b and 10.1.c herein, as its interest may appear, from time to time. 10.3 The insurance required by this Agreement shall include the liability and coverage provided herein, or as required by law, whichever requirements afford greater coverage. All of the policies of insurance so required to be purchased and maintained shall contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least thirty (30) days' prior written notice has been given to the City, and the Engineer by certified mail, return receipt requested. All such insurance shall remain in effect until final payment. In the event that the Engineer shall fail to comply with the foregoing requirement, the City is authorized, but in no event shall be obligated, to purchase such insurance, and the City may bill the Engineer. The Engineer shall immediately forward funds to the City in full payment for said insurance. It is expressly agreed that neither the provision of the insurance referred to in this Agreement nor the City's acceptance of the terms, conditions or amounts of any insurance policy shall be deemed a warranty or representation as to adequacy of such coverage. All insurance coverage shall be with insurer(s) rated as A+ by Best's Rating Guide (or equivalent rating and rating service as reasonably determined by the City Manager) and licensed or approved 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 on the basis of its not complying with the Agreement, the City shall notify the Engineer in writing thereof within thirty (30) days of the date of delivery of such certificates to the City. For all Work performed pursuant to this Agreement, the Consultant shall continuously maintain such insurance in the amounts, type, and quality as required by the Agreement. 10.4 Independent Associates and Consultants. All independent associates and consultants employed by Engineer to perform any Services hereunder shall fully comply with the insurance provisions contained in this paragraph. 11.0 COMPLIANCE WITH LAWS AND REGULATIONS 11.1 Engineer shall comply with all requirements of federal, state, and local laws, rules, regulations, standards, and /or ordinances applicable to the performance of Services under this Agreement as is consistent with the applicable professional standard of care. Engineering Services Agreement City of Winter Springs and DRMP, Inc. 6 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 requirements of this Agreement, shall be consistent with recognized and sound engineering practices and procedures; and shall conform to the customary standards of care, skill, and diligence appropriate to the nature of the Services rendered. Engineer shall perform as expeditiously as is consistent with professional skill and care and the orderly progress of the Services performed hereunder. Engineer's services shall be consistent with the time periods established under this Agreement. Engineer shall provide City with a written schedule for services performed and such schedule shall provide for ample time for the City to review, for the performance of consultants (if any), and for the approval of submissions by authorities having jurisdiction over the services. The Engineer's designated representative shall have the authority to act on Engineer's behalf with respect to the Services. In addition, Engineer's representative shall render decisions in a timely manner in order to avoid unreasonable delay in the orderly and sequential progress of the Services. Except with the City's knowledge and consent, the Engineer shall not engage in any activity, or accept any employment, interest or contribution that would reasonably appear to compromise the Engineer's professional judgment with respect to the Services. The Engineer shall review laws, codes, and regulations applicable to Engineer's Services. The Engineer's services and design shall comply with applicable requirements imposed by public authorities. The Engineer represents that it is familiar with, and accepts that it will perform the Services hereunder in a manner that complies with applicable requirements of law, codes, and regulations. Engineer shall be responsible for the professional quality, technical accuracy and the coordination of all reports and other services furnished to the City under this Agreement. Unless this Agreement is terminated by the City, or Engineering Services Agreement City of Winter Springs and DRMP, Inc. 7 terminated by Engineer for 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 satisfactory and complete execution of the Services described in this Agreement. The Engineer represents that it will carefully examine the scope of services required by the City and that it will investigate the essential requirements 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 good professional and workmanlike manner in conformance with the requirements of this Agreement. 12.2 Engineer represents that all principals, employees, and other personnel furnishing such Services shall be qualified and competent to perform the Services assigned to them and that such guidance given by and the recommendations and performance of such personnel shall reflect their professional knowledge and judgment. 13.0 INFRINGEMENT 13.1 Services performed under this Agreement shall be free from claims of patent, copyright, and trademarks infringement. Notwithstanding any other provision of this Agreement, Engineer shall indemnify and hold harmless the City, its officers, directors, employees, and authorized agents assigns, from and against liability, including expenses, legal or otherwise, for actual or alleged infringement of any patent, copyright, or trademark resulting from the use of any goods, Services, or other item provided under this Agreement. Notwithstanding the foregoing, Engineer may elect to provide non - infringing services. However, the foregoing shall not be applicable to any suit, claim or proceeding based on the infringement or violation of a patent or copyright (i) relating solely to a particular process or product of a particular manufacturer specified by the City and not offered or recommended by Engineer to the City; or (ii) arising from modifications to the Project by the City or City's other contractors. 14.0 DOCUMENTS 14.1 Public Records. It is hereby specifically agreed that any record, document, computerized information and program, audio or video tape, photograph, or other writing of the Engineer and its independent contractors and associates related, directly or indirectly, to this Agreement, shall be deemed to be a Public Record whether in the possession or control of the City or the Engineer. Said record, document, computerized information and program, audio or video tape, photograph, or other writing of the Engineer is subject to the provisions of Chapter 119, Florida Statutes, and may not be destroyed without the specific written approval of the City Manager. Upon request by the City, the Engineer shall promptly supply copies of said public records to the City. All books, cards, registers, receipts, documents, and other papers in connection with this Agreement shall at any and all reasonable times during the normal working hours of the Engineer be open and freely exhibited to the City for the purpose of examination and /or audit. Engineering Services Agreement City of Winter Springs and DRMP, Inc. 8 a. Reuse of Documents. All documents, including but not limited to, drawings, specifications, and data, or programs stored electronically or otherwise, prepared by the Engineer and its independent contractors and associates pursuant to this Agreement or related exclusively to the Services described herein shall be owned by the City and may be reused by the City for any reason or purpose at anytime. However, the City agrees that the aforesaid documents are not intended or represented to be suitable for reuse by the City or others on any undertaking other than the Work outlined in this Agreement. Any reuse for an undertaking other than for the Work without verification or adaptation by the Engineer, or its independent contractors and associates if necessary, to specific purposes intended will be at the City's sole risk and without liability or legal exposure to the Engineer. b. Ownership of Documents. The City and the Engineer agree that upon payment of fees due to the Engineer by the City for a particular design, report, inventory list, compilation, drawing, specification, model, recommendation, schedule or otherwise, said design, report, inventory list, compilation, drawing, specification, technical data, recommendation, model, schedule and other instrument produced by the Engineer in the performance of this Agreement, or any Work hereunder, shall be the sole property of the City, and the City is vested with all rights therein. The Engineer waives all rights of copyright in said design, report, inventory list, compilation, drawing, specification, technical data, recommendation, model, schedule and other instrument produced by the Engineer in the performance of this Agreement, and hereby assigns and conveys the same to the City whether in the possession or control of the Engineer or not. 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 and /or omissions performed by the subcontractor as if no subcontract had been made. 15.3 If City determines that any subcontractor is not performing in accordance with this Agreement, City shall so notify Engineer who shall take immediate steps to remedy the situation. 15.4 If any part of this Agreement is subcontracted by Engineer, prior to the commencement of any Work by the subcontractor, Engineer shall require the subcontractor to provide City and its affiliates with insurance coverage as set forth by the City. 16.0 INDEPENDENT CONTRACTOR Engineering Services Agreement City of Winter Springs and DRMP, Inc. 9 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 performing its obligations under this Agreement. 17.7 Engineer has assigned this Agreement without the City's prior written consent. 17.8 Notwithstanding the aforementioned, in the event of a default by Engineer, the City shall have the right to exercise any other remedy the City may have by operation of law, without limitation, and without any further demand or notice. 18.0 TERMINATION 18.1 Either party may 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 of its creditors; (c) Engineer fails to comply with any condition or provision of this Agreement; or (d) Engineer is Engineering Services Agreement City of Winter Springs and DRMP, Inc. 10 experiencing a labor dispute which threatens to have a substantial, adverse impact upon performance of this Agreement without prejudice to any other right or remedy City may have under this Agreement. In the event of such termination, City shall be liable only for the payment of all unpaid charges, determined in accordance with the provisions of this Agreement, for Work properly performed prior to the effective date of termination. 19.0 FORCE MAJEURE 19.1 Any delay or failure of either party in the performance of its required obligations hereunder shall be excused if and to the extent caused by acts of God; fire; flood; windstorm; explosion; riot; war; sabotage; strikes; extraordinary breakdown of or damage to City's affiliates' generating plants, their equipment, or facilities; court injunction or order; federal and /or state law or regulation; order by any regulatory agency; or cause or causes beyond the reasonable control of the party affected; provided that prompt notice of such delay is given by such party to the other and each of the parties hereunto shall be diligent in attempting to remove such cause or causes. If any circumstance of Force Majeure remains in effect for sixty days, either party may terminate this Agreement. 20.0 GOVERNING LAW & VENUE 20.1 This Agreement is made and shall be interpreted, construed, governed, and enforced in accordance with the laws of the State of Florida. Venue for any state action or litigation shall be Seminole County, Florida. Venue for any federal action or litigation shall be Orlando, Florida. 21.0 HEADINGS 21.1 Paragraph headings are for the convenience of the parties only and are not to be construed as part of this Agreement. 22.0 SEVERABILITY 22.1 In the event any portion or part of thereof this Agreement is deemed invalid, against public policy, void, or otherwise unenforceable by a court of law, the parties shall negotiate an equitable adjustment in the affected provision of this Agreement. The validity and enforceability of the remaining parts of this Agreement shall otherwise by fully enforceable. 23.0 WAIVER AND ELECTION OF REMEDIES 23.1 Waiver by either party of any terms, or provision of this Agreement shall not be considered a waiver of that term, condition, or provision in the future. Engineering Services Agreement City of Winter Springs and DRMP, Inc. 11 23.2 No waiver, consent, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of each party hereto. 24.0 THIRD PARTY RIGHTS 24.1 Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than City and Engineer. 25.0 PROHIBITION AGAINST CONTINGENT FEES 25.1 Engineer warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Engineer, to solicit or secure this Agreement, and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the Engineer, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. 26.0 ENTIRE AGREEMENT 26.1 This Agreement, including any Schedules, Attachments, Appendix's and Exhibits attached hereto, constitute the entire agreement between City and Engineer with respect to the Services specified and all previous representations relative thereto, either written or oral, are hereby annulled and superseded. 27.0 NO JOINT VENTURE 27.1 Nothing herein shall be deemed to create a joint venture or principal -agent relationship between the parties, and neither party is authorized to, nor shall either party act toward third persons or the public in any manner which would indicate any such relationship with the other. 28.0 ATTORNEY'S FEES 28.1 Should either party bring an action to enforce any of the terms of this Agreement, the prevailing party shall be entitled to recover from the non - prevailing party the costs and expenses of such action including, but not limited to, reasonable attorneys' fees, whether at settlement, trial or on appeal. 29.0 COUNTERPARTS 29.1 This Agreement may be executed in any number of counterparts, each of which when so executed and delivered shall be considered an original agreement; but such counterparts shall together constitute but one and the same instrument. Engineering Services Agreement City of Winter Springs and DRMP, Inc. 12 30.0 DRAFTING 30.1 City and Engineer each represent that they have both shared equally in drafting this Agreement and no party shall be favored or disfavored regarding the interpretation of this Agreement in the event of a dispute between the parties. 31.0 NOTICE 31.1 Any notices required to be given by the terms of this Agreement shall be delivered by hand or mailed, postage prepaid to: For Engineer: DRMP, Inc. Attn: Mark Puckett, Vice President 941 Lake Baldwin Lane Orlando, FL 32814 407 - 896 -0594 For City: City of Winter Springs/ Public Works Department Attention: City Engineer 1126 E. State Road 434 Winter Springs, Florida 32708 (407) 327 -7597 31.2 Either party may change the notice address by providing the other party written notice of the change. 32.0 SOVEREIGN IMMUNITY 32.1 Notwithstanding any other provision set forth in this Agreement, nothing contained in this Agreement shall be construed as a waiver of the City's right to sovereign immunity under section 768.28, Florida Statutes, or other limitations imposed on the City's potential liability under state or federal law. As such, the City shall not be liable under this Agreement for punitive damages or interest for the period before judgment. Further, the City shall not be liable for any claim or judgment, or portion thereof, to any one person for more than two 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 three hundred thousand dollars ($300,000.00). This paragraph shall survive termination of this Agreement. Engineering Services Agreement City of Winter Springs and DRMP, Inc. 13 33.0 CORPORATE REPRESENTATIONS BY ENGINEER 33.1 Engineer hereby represents and warrants to the City the following: a. Engineer is duly registered and licensed to do business in the State of Florida and is in good standing under the laws of Florida, and is duly qualified and authorized to carry on the functions and operations set forth in this Agreement. b. The undersigned representative of Engineer has the power, authority, and legal right to execute and deliver this Agreement on behalf of Engineer. 34.0 INDEMNIFICATION 34.1 Engineer shall indemnify and hold harmless the City, and its officers (including its City Attorneys) and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Engineer and other persons employed by the Engineer in the performance of the Agreement. 34.2 Engineer shall also indemnify and hold harmless the City, and its officers (including its City Attorneys) and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by Engineer's breach and caused by other persons employed by the Engineer in the performance of the Agreement. The indemnity provisions set forth in Paragraphs 34.1 and 34.2 shall be considered separate and independent indemnity provisions. 34.3 THE CITY ACKNOWLEDGES AND AGREES THAT THIS AGREEMENT IS SUBJECT TO SECTION 558.0035, FLORIDA STATUTES WHICH PROVIDES THAT INDIVIDUAL DESIGN PROFESSIONALS EMPLOYED BY THE ENGINEER OR AN AGENT OF THE ENGINEER MAY NOT BE INDIVIDUALLY LIABLE FOR ECONOMIC DAMAGES RESULTING FROM NEGLIGENCE OCCURRING WITHIN THE COURSE AND SCOPE OF PROFESSIONAL SERVICES PERFORMED IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT Engineering Services Agreement City of Winter Springs and DRMP, Inc. 14 PROVIDED CERTAIN STATUTORY CONDITIONS ARE SATISFIED. 35.0 ADDITIONAL ASSURANCES 35.1 The Engineer for itself and its Subconsultants, if any, certifies that: a. No principal (which includes officers, directors, or executive) or individual holding a professional license and performing work under this Agreement is presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in any architecture, landscape architecture, engineering, or surveying activity by any Federal, State, or local governmental commission, department, corporation, subdivision, or agency; b. No principal (which includes officers, directors, or executive) or individual holding a professional license and performing work under this Agreement, employee, or agent has employed or otherwise provided compensation to, any employee or officer of the City; and; C. No principal (which includes officers, directors, or executive) or individual holding a professional license and performing work under this Agreement, employee, or agent has willfully offered an employee or officer of the City any pecuniary or other benefit with the intent to influence the employee or officer's official action or judgment. d. The undersigned is authorized to execute this Agreement on behalf of the Engineer and said signature shall bind the Engineer to this Agreement. No further action is required by the Engineer to enter into this Agreement other than Engineer's undersigned representative execution of the Agreement. 36.0 CONFLICTS 36.1 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 DRMP, Inc. 15 IN WITNESS WHEREOF, the parties hereto caused this Agreement to be executed by their duly authorized representatives as of the date first written above. CITY: ENGINEER: CITY OF WINTER SPRINGS Print Name /Title: ATTEST: By: City Clerk L'In Print Name /Title: * THIS AGREEMENT IS ONLY VALID AGAINST THE CITY UPON APPROVAL BY THE CITY COMMISSION OF WINTER SPRINGS AND SIGNATURE BY EITHER THE MAYOR OR CITY MANAGER. Engineering Services Agreement City of Winter Springs and DRMP, Inc. 16 EXHIBIT "A" CONSTRUCTION ENGINEERING AND INSPECTION SCOPE OF SERVICES FOR Intersection Improvements at SR 434 and Tuskawilla Road A -1 TABLE OF CONTENTS 1.0 PURPOSE ......................................................................... ............................... A -4 2.0 SCOPE ............................................................................. ............................... A -4 3.0 LENGTH OF SERVICE ..................................................... ............................... A -4 4.0 DEFINITIONS .................................................................. ............................... A -5 5.0 ITEMS TO BE FURNISHED BY THE DEPARTMENT TO CONSULTANT ...... A -6 6.0 ITEMS FURNISHED BY THE CONSULANT .................... ............................... A -6 6.1 DEPARTMENT DOCUMENTS .......................... ............................... A -6 6.2 FIELD OFFICE .................................................. ............................... A -7 6.3 VEHICLES .......................................................... ............................... A -7 6.4 FIELD EQUIPMENT .......................................... ............................... A -7 6.5 LICENSING FOR EQUIPMENT OPERATIONS . ............................... A -7 7.0 LIAISON .......................................................................... ............................... A -8 8.0 PERFORMANCE OF THE CONSULTANT ...................... ............................... A -8 9.0 REQUIREMENTS ........................................................... ............................... A -8 9.1 GENERAL ......................................................... ............................... A -8 9.2 SURVEY CONTROL .......................................... ............................... A -9 9.3 ON -SITE INSPECTION ..................................... ............................... A -9 9.4 SAMPLING AND TESTING .............................. ............................... A -9 9.5 ENGINEERING SERVICES ................................ ............................... A -10 10.0 PERSONNEL ................................................................... ............................... A -11 10.1 GENERAL REQUIREMENTS ............................. ............................... A -11 10.2 PERSONNEL QUALIFICATIONS ...................... ............................... A -12 10.3 STAFFING ......................................................... ............................... A -14 A -2 11.0 QUALITY ASSURANCE PROGRAM ............................. ............................... A -14 11.1 QUALITY REVIEWS ........................................ ............................... A -14 11.2 QA PLANS ...................................................... ............................... A -15 11.3 QUALITY RECORDS ....................................... ............................... A -16 12.0 CERTIFICATIONS OF FINAL ESTIMATES .................... ............................... A -16 12.1 FINAL ESTIMATE AND AS -BUILT PLANS SUBMITTAL ............... A -16 12.2 CERTIFICATION .............................................. ............................... A -16 12.3 OFFER OF FINAL PAYMENT .......................... ............................... A -16 13.0 AGREEMENT MANAGEMENT .................................... ............................... A -17 13.1 GENERAL ........................................................ ............................... A -17 13.2 INVOICING INSTRUCTIONS .......................... ............................... A -17 14.0 SUBCONSULTANT SERVICES ...................................... ............................... A -17 15.0 OTHER SERVICES ......................................................... ............................... A -17 16.0 POST CONSTRUCTION CLAIMS REVIEW .................. ............................... A -17 17.0 CONTRADICTIONS ....................................................... ............................... A -17 18.0 THIRD PARTY BENEFICIARY ....................................... ............................... A -18 19.0 CITY AUTHORITY ......................................................... ............................... A -18 A -3 SCOPE OF SERVICES CONSTRUCTION ENGINEERING AND INSPECTION 1.0 PURPOSE: The City of Winter Springs requires the services of a Consultant for a variety of support activities involving Construction Engineering and Inspection services, technical analysis, materials sampling and testing, project oversight and general administration associated with construction of the Intersection Improvements at SR 434 and Tuskawilla Road in Winter Springs. This scope of services describes and defines the Construction Engineering and Inspection (CEI) services which are required for contract administration, inspection, and materials sampling and testing for the construction project. 2.0 SCOPE: The Consultant shall be responsible for providing services as defined in this Scope of Services, the referenced Department of Transportation manuals, and procedures. The Consultant shall exercise their independent professional judgment in performing their obligations and responsibilities under this Agreement. Services provided by the Consultant shall comply with appropriate City of Winter Springs manuals, Department of Transportation manuals, procedures, and memorandums in effect as of the date of execution of the Agreement unless otherwise directed in writing by the City. On a single Construction Contract, it is a conflict of interest for a professional firm to receive compensation from both the City and the Contractor either directly or indirectly. Other projects within the City of Winter Springs may be added at the City's discretion. The Consultant must perform to the satisfaction of the City's representatives for consideration of additional CEI services. 3.0 LENGTH OF SERVICE: The Consultant's services for each Construction Contract shall begin upon written notification to proceed by the City. The Consultant Senior Project Engineer will track the execution of the Construction Contract such that the Consultant is given timely authorization to begin work. While no personnel shall be assigned until written notification by the City has been issued, the Consultant shall be ready to assign personnel within two weeks of notification. For the duration of the project, the Consultant shall coordinate closely with the City and Contractor to minimize rescheduling of Consultant activities due to construction delays or changes in scheduling of Contractor activities. For estimating purposes, the Consultant will be allowed an accumulation of thirty (30) calendar days to perform preliminary administrative services prior to the issuance of the Contractor's notice to proceed and thirty (30) calendar days to demobilize after final acceptance. A -4 The anticipated letting schedules and construction time for the project is listed below: Project Estimated Construction Estimated Duration Notice to Proceed Date (Calendar Days) 1) Intersection Improvements at SR March 2015 150 434 and Tuskawilla Road 4.0 DEFINITIONS: A. District Secretary: The Chief Executive Officer in each of the Department's eight (8) Districts. B. District Director of Transportation Operations: The Direct of Construction. Maintenance, Traffic Operations, Materials, and Safety. C. District Construction Engineer: The administrative head of the District's Construction Offices. D. District Consultant CEI Manager: The Department employee assigned to administer the Construction Engineering and Inspection Program in the District. E. District Final Estimates Manager: The administrative head of the District Final Estimates Office. F. District Contract Compliance Manager: The administrative head of the District Contract Compliance Office. G. Department: The Florida Department of Transportation. H. Cam: The City of Winter Springs. I. Operations Engineer: The Engineer assigned to a particular County or area to administer Construction and Maintenance Contracts for the Department. J. Resident Engineer: The Engineer assigned to a particular County or area to administer Construction Contracts for the Department. K. District Professional Services Administrator: The Administrative Head of the Professional Services Office. L. Public Information Office: The Department's office assigned to manage the Public Information Program. A -5 M. Engineer of Record: The Engineer on the Construction plans as the responsible person for the design and preparation of the plans. N. Consultant: The consulting firm under contract to the Department for administration of Construction Engineering and Inspection services. O. Agreement: The Professional Services Agreement between the City and the Consultant setting for the obligations of the parties thereto, including but not limited to the performance of the work, furnishing of services, and the basis of payment. Consultant Senior Project Engineer: The Engineer assigned bythe Consultantto be in charge of providing Construction Contract administration for one or more Construction Projects. This person may supervise other Consultant employees and act as the lead Engineerforthe Consultant. Q. Consultant Project Administrator: The employee assigned bythe Consultantto be in charge of providing Construction Contract administration services for one or more Construction Projects. R. Resident Compliance Specialist: The employee assigned by the Consultant to oversee project specific compliance functions. S. Contractor: The individual, firm, or company contracting with the City for performance of work or furnishing of materials. T. Construction Contract: The written agreement between the City and the Contractor setting forth the obligations of the parties thereto, including but not limited to the performance of the work, furnishing of labor and materials, and the basis of payment. U. Construction Training /Qualification Program (CTQP): The Department program for training and qualifying technicians in Aggregates, Concrete, Earthwork, and Asphalt. The University of Florida Transportation Research Center (TRC) administers this program. Program information is available at CTQP website. 5.0 ITEMS TO BE FURNISHED BY THE CITY AND /OR FDOT CONSULTANT: The City, on as needed basis, will furnish the following Construction Contract documents for each project. These documents may be provided in either paper or electronic format. 1. Construction Plans, 2. Special Provisions, 3. Copy of the Executed Construction Contract, and 4. Utility Agency's Approved Material List (if applicable). A -6 6.0 ITEMS FURNISHED BY THE CONSULTANT: 6.1 Department Documents: All applicable Department documents referenced herein shall be a condition of this Agreement. All Department documents, directives, procedures, and standard forms are available through the Department's Internet website. Most items can be purchased through the following address. All others can be acquired through the District Office or on -line at Department's website. Florida Department of Transportation Maps and Publication Sales 605 Suwannee Street, MS 12 Tallahassee, Florida 32399 -0450 Telephone No. (850) 488 -9220 6.2 Field Office: No Field Office will be required for this project. 6.3 Vehicles: The Consultant shall supply clearly identifiable vehicles to properly administer the construction contract. Vehicles will be equipped with appropriate safety equipment and must be able to effectively carry out requirements of this Agreement. Vehicles shall have the name and phone number of the consulting firm visibly displayed on both sides of the vehicle. 6.4 Field Equipment: The Consultant shall supply survey, inspection and testing equipment, essential in orderto carry outthe work underthis Agreement. Such equipment includesthose non - consumable and non - expendable items, which are normally needed for a CEI project and are essential in order to carry out the work under this Agreement. Hard hats shall have the name of the consulting firm visibly displayed. Equipment described herein and expendable materials under this Agreement will remain the property of the Consultant and shall be removed at completion of the work. The Consultant's handling of nuclear density gauges shall be in compliance with their license. The Consultant shall retain responsibility for risk of loss or damage to said equipment during performance of this Agreement. Field office equipment shall be maintained and in operational condition at all times. A -7 6.5 Licensing for Equipment Operations: The Consultant will be responsible for obtaining proper licenses for equipment and personnel operating equipment when licenses are required. The Consultant shall make the license and supporting documents available to the City for verification, upon request. Radioactive Materials License for use of Surface Moisture Density Gauges shall be obtained through the State of Florida Department of Health. 7.0 LIAISON: The Consultant shall report to the City Engineer and keep the City Engineer informed of all significant activities, decisions, correspondence, reports, and other communications related to its responsibilities underthis Agreement, and seek input from the City Engineer in order for the City Engineer to oversee the Consultant's performance. 8.0 PERFORMANCE OF THE CONSULTANT: During the term of this Agreement and all supplements thereof, the City will review various phases of Consultant operations, such as construction inspection, materials sampling and testing, and administrative activities, to determine compliance with this Agreement. The Consultant shall cooperate and assist City representatives in conducting the reviews. If deficiencies are indicated, the Consultant shall implement remedial action immediately upon the approval of the City Engineer. City and /or FDOT recommendations and Consultant responses /actions are to be properly documented by the Senior Project Engineer. No additional compensation shall be allowed for remedial action taken by the Consultant to correct deficiencies. Remedial actions and required response times may include but are not necessarily limited to the following: A. Further subdivide assigned inspection responsibilities, reassign inspection personnel, or assign additional inspection personnel, within one week of notification. Replace personnel whose performance has been determined by the City or the Department to be inadequate. Personnel whose performance has been determined to be unsatisfactory shall be removed immediately. C. Immediately increase the frequency of monitoring and inspection activities in phases of work that are the Consultant's responsibility. D. Increase the scope and frequency of training of the Consultant personnel. A -8 9.0 REQUIREMENTS: 9.1 General: It shall be the responsibility of the Consultant to administer, monitor, and inspect the Construction Contract such that the project is constructed in reasonable conformity with the plans, specifications, and special provisions for the Construction Contract. The Consultant shall observe the Contractor's work to determine the progress and quality of work, identify discrepancies, report significant discrepancies to the City, and direct the Contractor to correct such observed discrepancies. The Consultant shall not have the Authority to negotiate and approve Supplemental Agreements. All Supplemental Agreements shall be reviewed and approved by the City prior to issuing approval to the Contractor. Minor field changes resulting in no changes to the project cost and duration may be approved by the Consultant. The Consultant shall advise the City Engineer of any significant omissions, substitutions, defects, and deficiencies noted in the work of the Contractor and the corrective action that has been directed to be performed by the Contractor. Work provided by the Consultant shall not relieve the Contractor of responsibility for the satisfactory performance of the Construction Contract. 9.2 Survey Control: The Consultant shall check or establish the survey control baseline(s) along with sufficient baseline control points and bench marks at appropriate intervals along the project in order to: (1) make and record such measurements as are necessary to calculate and document quantities for pay items, (2) make and record pre- construction and final cross section surveys of the project site in those areas where earthwork (i.e., embankment, excavation, subsoil excavation, etc.) is part of the construction project, and (3) perform incidental engineering surveys. The specific survey requirements for each project will be established prior to construction by the City and FDOT. 9.3 On -site Inspection: The Consultant shall monitor the Contractor's on -site construction activities and inspect materials entering into the work in accordance with the plans, specifications, and special provisions for the Construction Contract to determine that the projects are constructed in reasonable conformity with such documents. The City and /or the Department will monitor all off -site activities and fabrication. The Consultant shall keep detailed accurate records of the Contractor's daily operations and of significant events that affect the work. Consultant shall be responsible for monitoring and inspection of Contractor's Work Zone Traffic Control Plan and review of modifications to the Work Zone Traffic Control Plan, including Alternate Work Zone Traffic Control Plan, in accordance with the Department's A -9 procedures. Consultant employees performing such services shall be qualified in accordance with the Department's procedure. 9.4 Sampling and Testing: The Consultant shall perform sampling and testing of component materials and completed work in accordance with the Construction Contract documents. The minimum sampling frequencies set out in the FDOT Materials Sampling, Testing and Reporting Guide shall be met. In complying with the aforementioned guide, the Consultant shall provide daily surveillance of the Contractor's Quality Control activities at the project site and perform the sampling and testing of materials and completed work items that are normally done in the vicinity of the project for verification and acceptance. The Consultant will be responsible for Verification Testing (VT) as defined in the FDOT Standard Specification. The Consultant shall be specifically responsible for job control samples determining the acceptability of all materials and completed work items on the basis of eithertest results or verification of a certification, certified mill analysis, DOT label, DOT stamp, etc. The City will monitor the effectiveness of the Consultant's testing procedures through surveillance and obtaining and testing independent assurance samples (as needed). Sampling, testing and laboratory methods shall be as required by the Department's Standard Specifications, Supplemental Specifications or as modified by the Special Provisions of the Construction Contract. Documentation reports on sampling and testing performed by the Consultant shall be submitted to responsible parties during the same week that the construction work is done. The Consultant will furnish all verification testing information and data to the City and FDOT in an acceptable format. The Consultant shall be responsible for transporting samples to be tested to the appropriate laboratory or appropriate local facility. The Consultant will be responsible for coordination with the responsible laboratory. 9.5 Engineering Services: Engineering Services include maintaining the required level of surveillance of Contractor activities, interpreting plans, specifications, and special provisions for the Construction Contract, maintaining complete, accurate records of all activities and events relating to the project, and properly documenting all significant project changes. The Consultant shall perform the following services: 1. Schedule and attend pre- construction meeting(s) with the Contractor, City, and FDOT. 2. Verify that the Contractor is conducting inspections, preparing reports and monitoring all storm water pollution prevention measures associated with the project. A -10 3. Analyze problems that arise on a project and proposals submitted by the Contractor, work to resolve such issues, and process the necessary paperwork. 4. Monitor, inspect and document utility construction for conformance with Utility Water and Sewer Agency's Standards and the Utility Agency's Approved Materials List. Facilitate coordination and communication between Utility Agency's representatives, City's staff and contractors in execution of the work. Identify potential utility conflicts and assist in the resolution of utility issues. 5. Produce reports, verify quantity calculations and field measure for payment purposes as needed to prevent delays in Contractor operations and to facilitate prompt processing of such information in order for the City to make timely payment to the Contractor. 6. Monitor each Contractor and subcontractor's compliance with specifications and special provisions of the Construction Contract in regard to payment of predetermined wage rates in accordance with Department and any required federal procedures. 7. The City will provide all required Public Information Services. 8. Video tape the pre- construction conditions throughout the project limits. Provide a digital photo log or video of project activities, with heavy emphasis on potential claim items /issues and on areas of real /potential public controversy. 9. The Consultant shall have a digital camera for photographic documentation of pre - construction state and of noteworthy incidents or events during construction. The taking of the photographs shall begin the day prior to the start of construction and continue regularly throughout this project. Photographs shall betaken the days of Conditional, Partial and Final Acceptance. 10. Maintain a daily Construction Inspection Reports for the project. 11. Participate in the preparation of a comprehensive tabulation of project quantities satisfactorily completed to date. Quantities shall be based on daily records and calculations. The tabulation will be used in verification and preparation of the contractor's monthly pay application. 12. Facilitate submittal of the Final Estimate and one (1) set of final "as -built plans" documenting Contractor's work (one record set with two copies) within thirty (30) calendar days of final acceptance. A -11 10.0 PERSONNEL: 10.1 General Requirements: The Consultant shall staff the project with the qualified personnel necessary to efficiently and effectively carry out its responsibilities under this Agreement. Unless otherwise agreed by the City, the City will not compensate straight overtime or premium overtime for positions of Senior Project Engineer, Project Administrator, or Contract Support Specialist. 10.2 Personnel Qualifications: The Consultant shall utilize only competent personnel, qualified by experience, and education. The Consultant shall submit in writing to the City Engineer the names of personnel proposed for assignment to the project, including a detailed resume for each containing at a minimum salary, education and experience. Personnel identified in the Consultant technical proposal are to be assigned as proposed and are committed to performing services under this Agreement. Personnel changes will require written approval from the City. Staff that has been removed shall be replaced by the Consultant within one week of City notification. Before the project begins, all project staff shall have a working knowledge of the current CPAM and must possess all the necessary qualifications /certifications for obtaining the duties of the position they hold. Cross training of the Consultant's project staff is highly recommended to achieve a knowledgeable and versatile project inspection team but shall not be at any additional cost to the City and should occur as workload permits. Visit the training page on the State Construction Office website for training dates. Minimum qualifications for the Consultant personnel are set forth as follows. Exceptionsto these minimum qualifications will be considered on an individual basis. SENIOR PROJECT ENGINEER - A Civil Engineering degree and be registered in the State of Florida as a Professional Engineer and six (6) years of engineering experience [(two (2) years of which are in major road or bridge construction)] or for non- degreed personnel the aforementioned registration and ten (10) years of engineering experience (two (2) years of which are in major road or bridge construction). Qualifications include the ability to communicate effectively in English (verbally and in writing); direct highly complex and specialized construction engineering administration and inspection program; plans and organizes the work of subordinate and staff members; develops and /or reviews policies, methods, practices, and procedures; and reviews programs for conformance with FDOT standards. Also must have the following: Qualification: FDOT Advanced MOT A -12 Attend the CTQP Quality Control Manager course and pass the examination. Certifications: None A Master's Degree in Engineering may be substituted for one (1) year engineering experience. PROJECT ADMINISTRATOR - A Civil Engineering degree plus two (2) years of engineering experience in construction of major road or bridge structures, orfor non- degreed personnel eight (8) years of responsible and related engineering experience, two (2) years of which involved construction of major road or bridge structures. Receives general instructions regarding assignments and is expected to exercise initiative and independent judgment in the solution of work problems. Directs and assigns specific tasks to inspectors and assists in all phases of the construction project. Will be responsible for the progress and final estimates throughout the construction project duration. Must have the following: Qualifications: FDOT Intermediate MOT CTQP Final Estimates Level II Other: Attend CTQP Quality Control Manager Course and pass the examination. A Master's Degree in Engineering may be substituted for one (1) year of engineering experience. CONTRACT SUPPORT SPECIALIST - A High School diploma or equivalent and four (4) years of road & bridge construction engineering inspection (CEI) experience having performed /assisted in project related duties (i.e., CQR /LIMS, progress and final estimates, EEO compliance, processing Construction Contract changes, etc.) or a Civil Engineering. Should exercise independent judgment in planning work details and making technical decisions related to the office aspects of the project. Should be familiar with the Department's Procedures covering the project related duties as stated above and be proficient in the computer programs necessary to perform these duties. Shall become proficient in Multi -Line and Engineering Menu. Qualifications: CTQP Final Estimates Level II SENIOR INSPECTOR /SENIOR ENGINEER INTERN — High school graduate or equivalent plus four (4) years of experience in construction inspection, two (2) years of which shall have been in bridge and /or roadway construction inspection, or a Civil Engineering degree and A -13 one (1) year of road & bridge CEI experience with the ability to earn additional required qualifications within one year. (Note: Senior Engineer Intern classification requires one (1) year experience as an Engineer Intern). Must have the following: Qualifications: CTQP Concrete Field Inspector Level I CTQP Asphalt Roadway Level I CTQP Asphalt Roadway Level II CTQP Earthwork Construction Inspection Level I CTQP Earthwork Construction Inspection Level II CTQP Drilled Shaft Inspection CTQP Grouting Technician Level I FDOT Intermediate MOT CTQP Final Estimates Level I Certifications: Nuclear Radiation Safety Responsible for performing highly complex technical assignments in field surveying and construction layout, making, and checking engineering computations, inspecting construction work, and conducting field tests and is responsible for coordinating and managing the lower level inspectors. Work is performed under the general supervision of the Project Administrator. ADMINISTRATIVE ASSISTANT - Graduation from an accredited high school or equivalent with one (1) year of experience as a resident compliance officer on a construction project or two (2) years of assisting the compliance officer in monitoringthe project. Should have prior experience in both State funded and Federal Aid funded construction projects with FDOT and knowledge of EEO /AA laws and FDOT's DBE and OJT programs. Ability to analyze, collect, evaluates data, and take appropriate action when necessary. Must attend all training workshops or meetings for Compliance as determined necessary. 10.3 Staffing: Once authorized, the Consultant shall establish and maintain an appropriate staff through the duration of construction and completion of the final estimate. Responsible personnel, thoroughly familiar with all aspects of construction and final measurements of the various pay items, shall be available to resolve disputed final pay quantities until the appropriate Construction Contract has been paid off. Construction engineering and inspection forces will be required of the Consultant at all times while the Contractor is working. If Contractor operations are substantially reduced or suspended, the Consultant will reduce its staff appropriately. A -14 In the event that the suspension of Contractor operations requires the removal of Consultant forces from the project, the Consultant will be allowed ten (10) days maximum to demobilize, relocate, or terminate such forces. 11.0 QUALITY ASSURANCE (QA) PROGRAM: 11.1 Quality Reviews: The Consultant shall conduct semi - annual reviews to make certain his own organization is in compliance with the requirements cited in the Scope of Services. Quality Reviews shall be conducted to evaluate the adequacy of materials, processes, documentation, procedures, training, guidance, and staffing included in the execution of this Agreement. Quality Reviews shall also be developed and performed to achieve compliance with specific QA provisions contained in this Agreement. The semi - annual reviews shall be submitted to the City Engineer in written form no later than one (1) month after the review. On short duration CEI projects (nine (9) months or less), the CEI shall perform an initial QA review within the first two (2) months of the start of construction. On asphalt projects, the CEI shall perform an initial QA review on its asphalt inspection staff after the Contractor has completed ten (10) full work days of mainline asphalt paving operations, or 25% of the asphalt pay item amount (whichever is less) to validate that all sampling, testing, inspection, and documentation are occurring as required of the CEI staff. 11.2 QA Plan: Within thirty (30) days after receiving award of an Agreement, the Consultant shall furnish a QA Plan to the City Engineer. The QA Plan shall detail the procedures, evaluation criteria, and instructions of the Consultant's organization for providing services pursuant to this Agreement. Unless specifically waived, no payment shall be made until the City approves the Consultant QA Plan. Significant changes to the work requirements may require the Consultant to revise the QA Plan. It shall be the responsibility of the Consultant to keep the plan current with the work requirements. The Plan shall include, but not be limited to, the following areas: A. Organization: A description is required of the Consultant QA Organization and its functional relationship to the part of the organization performing the work under the Agreement. The authority, responsibilities and autonomy of the QA organization shall be detailed as well as the names and qualifications of personnel in the quality control organization. B. Quality Reviews: A -15 The Consultant QA shall detail the methods used to monitor and achieve organization compliance with Agreement requirements for services and products. C. Quality Records: The Consultant will outline the types of records, which will be generated and maintained during the execution of his QA program. D. Control of Sub - consultants and Vendors: The Consultant will detail the methods used to control sub - consultants and vendor quality. E. Quality Assurance Certification: An officer of the Consultant firm shall certify that the inspection and documentation was done in accordance with FDOT specifications, plans, standard indexes, and Department procedures. 11.3 Quality Records: The Consultant shall maintain adequate records of the quality assurance actions performed by his organization (including subcontractors and vendors) in providing services and products under this Agreement. All records shall indicate the nature and number of observations made, the number and type of deficiencies found, and the corrective actions taken. These records shall be available to the City, upon request, during the Agreement term. All records shall be kept at the primary job site and shall be subject to audit review. 12.0 CERTIFICATION OF FINAL ESTIMATES: 12.1 Final Estimate and As -Built Plans Submittal: Prepare documentation and records in compliance with the Agreement, Statewide Quality Control (QC) Plan, or Consultant's approved QC Plan and the Department's Procedures. Submit the Final Estimate(s) and one (1) set of final "as -built plans" documenting Contractor's work (one record set with two copies) as follows: (a) Within thirty (30) calendar days of final acceptance; or (b) Where all items of work are complete and conditional /partial acceptance is utilized (Lighting, Plant establishment, etc.) for a period exceeding thirty (30) calendar days, the final estimate(s) will be due on the thirtieth (30th) day after conditional /partial acceptance. A memorandum with documentation will be transmitted to the District Final Estimate Manager at final acceptance detailing any necessary revisions to the pay items covered under the conditional /partial acceptance. A -16 The Consultant shall be responsible for making any revisions to the Certified Final Estimate at no additional cost to the City. 12.2 Certification: Consultant personnel preparing the Certified Final Estimates Package shall be CTQP Final Estimates Level II. Duly authorized representative of the Consultant firm will provide a notarized certification on a form pursuant to FDOT procedures. 12.3 Offer of Final Payment: The Consultant shall prepare the Offer of Final Payment package as outlined in Chapter 14 of the Review and Administration Manual. The package shall accompanythe Certified Final Estimates Package submitted to the DFEO. The Consultant shall be responsible for forwarding the Offer of Final Payment Package to the Contractor, after City approval. 13.0 AGREEMENT MANAGEMENT: 13.1 General: (1) With each monthly invoice submittal, the Consultant Senior Project Engineer will provide a brief Status Report for the Agreement. (2) When the Consultant identifies a condition that will require an Amendment Request (AR) to the Agreement, the Consultant Project Principal or Consultant Senior Project Engineer will communicate the need to the City Engineer for review and approval. 13.2 Invoicing Instructions: Monthly invoices shall be submitted to the City in a format and schedule defined by the City, no later than the 20th day of the following month. A Final Invoice will be submitted to the City no later than the 30th day following Final Acceptance to the individual project or as requested by the City. 14.0 SUBCONSULTANT SERVICES: Upon written approval by the City Engineer, and priorto performance of work, the Consultant may subcontract for engineering surveys, materials testing, or specialized professional services. All sub - consultants must be FDOT pre - qualified in the area of services being performed and be approved by the City. 15.0 OTHER SERVICES: Upon written authorization bythe City, the Consultant will perform additional services in connection A -17 with the project not otherwise identified in this Agreement. 16.0 POST CONSTRUCTION CLAIMS REVIEW: In the event the Contractor submits a claim for additional compensation and /or time after the Consultant has completed this Agreement, the Consultant shall, upon execution bythe City and the Consultant of an Amendment to this Agreement providing for compensation for such services, analyze the claim, engage in negotiations leading to settlement of the claim, and prepare and process the required documentation to close out the claim. Compensation for such services will be negotiated and effected through a Supplement to this Agreement. 17.0 CONTRADICTIONS: In the event of a contradiction between the provisions of this Scope of Services and the Consultant's proposal is made a part of their Agreement, the provisions of the Scope of Services shall apply. 18.0 THIRD PARTY BENEFICIARY: It is specifically agreed between the parties executing this Agreement that it is not intended by any of the provisions of any part of the Agreement to create in the public or any member thereof, a third party beneficiary hereunder, or to authorize anyone not a party to this Agreement to maintain a claim, cause of action, lien or any other damages or any relief of any kind pursuant to the terms or provisions of this Agreement. 19.0 CITY AUTHORITY: The City shall be the final authority in considering contract modification of the Contractor for time, money or any other consideration. A -18 DRMP, Inc. Principals Wayne O_ Chalifoux DonaPdson K. Barton, Jr. Lucius J. Cushman, Jr. Jon S. Meadows Lawrence L. Smith, Jr. William T. Stone 1125 Barlow Road Suite 100 Lakeland, FL 33801 Phone: 863.686.7100 Fax: 863.686.7111 Boca Raton, Florida Buford, Georgia Charlotte, North Carolina Chipley, Florida Cclumbia, South Carolina OeLand, Florida Ft. Myers, Ficrida Gainesville, Florida Jacksonville, Florida Orlando, Florida Panama City Beach, Florida Pensacola, Florida Tallahassee, Florida Tampa, Florida 1300.375.3767 www.drmp.com MDRMP ENGINEERS - SURVEYORS- PLANNERS• SCI ENT ISTS December 8, 2014 Brian Fields, P.E. City Engineer City of Winter Springs 1 126 East SR 434 Winter Springs, Florida 32708 DRMP Job # 14- 0415.000 Subject: Construction Engineering and Inspection (CEI) Services for the SR 434 and Tuskawilla Road Intersection Improvements (FM# 432642- 2- 58 -01) Fee Proposal Dear Mr. Fields: DRMP, Inc. is pleased to provide this Fee Proposal as requested for completion of CEI Services on the above referenced project. CEI Services are to be provided to determine that the construction of these planned improvements is completed in reasonable conformance with the contract plans and specifications. Included herein, please find a proposed rnanhour estimate for completion of these CEI Services. Our fee proposal, to provide the requested CEI Services is $160,000.70. DRMP's approach to this project is to provide a part -time construction administration staff and a part - time field Inspector for the 150 -day construction period. We have visited the project site and become familiar with the project field conditions, contract plans, and the construction operations required to provide these planned improvements. Our Man -Hour Estimate is: ESTIMATED CEI CONSULTANT STAFFING We will serve as an extension of your staff and coordinate preconstruction, construction, and project close -out activities. We will make and record any measurements necessary to calculate and document the pay item quantities, prepare a tabulation of pay item quantities completed to -date, maintain daily records of significant activities and events relating to the project, and maintain an estimate of work completed by the Contractor. Ndnnpl Wata\LakelandlCity of Winter SpringsTee Proposal. doe 2015 HOURS MONTHS Jan Feb Mar Apr May Jun July Aug Sept Oct Nov Dec Senior Project 58 0.35 Engineer .05 .05 .05 .05 .05 .05 .05 Project Administrator .25 .5 .5 .5 .5 .5 .5 536 3.25 Senior Inspector .25 .75 .75 .75 .75 .75 .25 990 6.00 Resident Compliance .05 .1 .1 .05 .05 A5 .1 82.5 0.50 Specialist We will serve as an extension of your staff and coordinate preconstruction, construction, and project close -out activities. We will make and record any measurements necessary to calculate and document the pay item quantities, prepare a tabulation of pay item quantities completed to -date, maintain daily records of significant activities and events relating to the project, and maintain an estimate of work completed by the Contractor. Ndnnpl Wata\LakelandlCity of Winter SpringsTee Proposal. doe MDRMP ENGINEERS -Sl1RVEYORS- PLANNERS• SCI ENT ISTS DRMP will be prepared to provide and assign a second project Inspector, if needed. This Inspector will have similar project experience as a CEI on FDOT roadway type projects. This employee's area of responsibility will include: inspection of construction activities; project coordination with Contractor's field personnel; project field books preparation and documentation; density log book preparation and documentation; materials sampling and testing; NPDES /SWPPP inspection and documentation; and assisting with preparation of the Final Estimate package. Enclosed herein, please find our manhour estimate, FDOT allowable costs backup, and our fee proposal. With the significant and positive support of DRMP's Principals, we have the commitment to provide Quality CEI Services in a cost effective manner to our clients. DRMP is excited about this Opportunity to provide CEI Services for the City of Winter Springs on this important project. If you have any further questions or need any clarification of the enclosed information, please contact me at (407) 896 -0594. Sincerely, DRMP, Inc. Mark E. Puckett, P.E. Vice President DRMP, Inc. ESTIMATED COSTS CONSTRUCTION ENGINEERING AND INSPECTION SERVICES Financial Project I.D.# 432642- 2 -58 -01 Employee Regular Time Average Classification ManlIours ]-burly Rate Senior Project Engineer 58 $75.00 Project Administrator 536 $43.08 Sr. Inspector # 1 990 $244.00 Inspector 0 $0.00 Asphalt Plant Inspector 0 $0.00 Enviromental Specailist 0 $0.00 Assistant Contract Suppoprt Specialist /RCS 82.50 $16.70 TOTALS 1666.5 $31.55 Total Overhead 131.80% Subtotal - Raw Salary plus Overhead Ltunp Sum Fixed Fee (Operating Margin) 32.0% Expenses 28.90% Facilities Capital Cost of Money (Lump Sung): 0.196% Overtime Straight Time Salary Related (Prime) (Limiting AmoLlnt) Overtime Fixed Fee (Lump Sum) Overtime FCCM (Prime) Overtime Expenses Overtime Premium Direct Expenses - Office Lease (9 Months cr $800.00 /month) Total Sub I - Materials Testing (Allowance) Sub 2 - Survey Sub 3 - NAME of CONSULTANT Date: 12/08/14 County: Seminole Raw Salary Cost TOTAL MAXIMUM LIMITING FEES $4,350.00 $23,090.88 $23,760.00 $0.00 $0.00 $0.00 $1,377.75 $52,578.63 $69,298.63 $121,877.26 $16,825.16 $15,195.32 $103.05 $0.00 $0.00 $0.00 $0.00 50.00 $0.00 S 154,000.70 S1,500-00 $4,500.00 $0.00 $160,000.70 CONSULTANT CEI FIRM ESTIMATED STAFFING OFFICE PREPARING 1=5 I -IMA 1 t DRMP, Inc. FAP NO. NIA PRQJECT NAME /From /To SR 434 and Tuskawilla Road Intersection improvements COUNTY Seminole PROJECT TYPE & DE5CRIPTION Intersection Improvements DATE PREPARED December 3, 2014 Item Personnel - - Nov -14 Dec -14 Jan -15 Feb -15 1 Mar -15 Apr-1 51 May-1 61 Jun -15 Ju1-15 A.g-1 51 Sep -15 Oct -15 Nov15 Dec -15 Jan -16 Feb -15 Mar -16 Apr -16 May1 6 Jun46 Man No. Classifications 1 2 1 3 1 4 1 5 1 6 1 7 1 8 1 9 . 10 11 12 13 1 14 15 16 17 1 18 19 1 20 Imonths Hours 1 ICE. Senior. Project Engineer 1 1. 1 0.0501 0,05GI 0,050I.C%0501 .0.0501 0.0501 "0.050 0.350 ... 57.75 3 ICE Assistant Project Administrator I I O,OGOI 0.00 4 ICEI Contract Support Specialist 0.000 - 0.00 5 . 1 CEI Associate Contract Support Specialist /RCS 0.050 0-1001 0.1001 CIL50 0.0501 0,0501 0,1001 1 0,5001 82.50 6 ICEI Asphalt Plant Inspector .. I I I I I I I OL001 0.00 I y Ictl reotecnmcal tngineer I I 1 1 I 1 1. '.. I . I I. I . I : I I I I I -I I I 1 0.0001 0.001 A i�a�R���. cyr+ m�ra�ianur��® ��1® Y ®I��� ®®■�■�� ® ® ® ® ® ®�'i'j'i�'di� D.00 18 CEI Secretary/Clerical Typist 0.000 0.00 19 CEI Senior Inspector /Senior Engineer _ntern 0.500 .'1.000 .1.000 1.000. 1.000 1.000 0.500 6.000 990,00 20 CEI Senior Inspector / 5enior Engineer Intern 0.000 0,00 21 CEI Senior ITS Inspector 0.000 0.00 22 CEI Survey Party Chief. 0.000 0.00 23 CEI Utility Coordinator .0.000 0.00 Revised 0812612004 Lisa Greene, Marketing Manager DRMP, INC. 941 Lake Baldwin Lane Orlando, Florida 32814 Dear Ms. Greene: The Florida Department of Transportation has reviewed your application for qualification package and determined that the data submitted is adequate to technically qualify your firm for the following types of work: Group 2 - Project Development and Environmental (PD &E) Studies Group 3 - Highway Design - Roadway 3.1 - Minor Highway Design 3.2 - Major Highway Design 3.3 - Controlled Access Highway Design Group 4 - Highway Design - Bridges 4.1.1 - Miscellaneous Structures 4.1.2 - Minor Bridge Design 4.2.1 - Major Bridge Design - Concrete 4.2.2 - Major Bridge Design - Steel Group 6 - Traffic Engineering and Operations Studies 6.1 - Traffic Engineering Studies 6.2 - Traffic Signal Timing 6.3.1 - Intelligent Transportation Systems Analysis and Design 6.3.2 - Intelligent Transportation Systems Implementation 6.3.3 - Intelligent Transportation Traffic Engineering Systems Communications Group 7 - Traffic Operations Design 7.1 - Signing, Pavement Marking and Channelization 7.2 - Lighting 7.3 - Signalization Group 8 - Survey and Mapping 8.1 - Control Surveying 8.2 - Design, Right of Way & Construction Surveying 8.4 - Right of Way Mapping www.dot.state.fl.us Group 10 - Construction Engineering Inspection 10.1 - Roadway Construction Engineering Inspection 10.3 - Construction Materials Inspection 10.4 - Minor Bridge & Miscellaneous Structures CEI 10:6.1 - Major Bridge CEI - Concrete 10.5.2 - Major Bridge CEI - Steel Group 11 - Engineering Contract Administration and Management Group 13 - Planning 13.3 - Policy Planning 13.4 - Systems Planning 13.5 - Subarea /Corridor Planning 13.6 - Land Planning /Engineering Your overhead audit has been accepted, enabling your firm to compete for Professional Services projects advertised at the unlimited level, with estimated fees of any dollar amount. This status shall be valid until A EL 2015 for contracting purposes. Facilities Home /Branch Field Capital Cost Overtime Office Office of Money Premium Direct Expense Overhead Rate 161.47% 131.80% 0.196% Reimbursed 6.80% (Home) 28.90% (field)* *Rent and utilities excluded from field office rate. These costs will be directly reimbursed on contracts that require the consultant to provide field office. Should you have any questions, please feel free to contact me by email at carliayn.kell @dot.state.fl.us or by phone at 860- 414 -4597. Sincerely, r' Carliayn Kell Professional Services Qualification Administrator www.dot.state.fl.us Payroll Journal DRMP,Inc December 3, 2014 Hourly 2:25 pm Period: 03/2015 Run Type: Regular Posting Date: 11/26/2014 4:03 pm Payroll Date: 11/26/2014 W2 Year: 2014 Posting Seq: 12 Check Date: 12/3/2014 W2 Quarter: 4 Posted By: SBARNOSKE For the payroll period ending November 26, 2014 Emp Emp Hourly Regular Regular No. Name Pay Rate Hours Pay 1168 Allard, Kristin 16.70 30.00 501.00 166 Norris, Alan 43.08 40.00 1,723.23 250 Puckett, Mark 79.33 40.00 3,173.08 1408 Singh, Kerry 27.04 40.00 1,081.60 Report: Employee Pay Rate for Audits Page 1 of 1 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. Compliance 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 will 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 reports 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 Administration, Federal Aviation Administration, and /or Federal Motor Carrier Safety B -1 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 noncompliance 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 Consultant 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 Paragraph 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 arising 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 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. B -2 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 26.5 1, was erroneous when submitted or has become erroneous by reason of changed circumstances, the Consultant shall provide immediate written notice to the Department. It is further agreed that the clause titled "Certification Regarding Debarment, 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; 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: 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; B -3 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. B -4