HomeMy WebLinkAboutAECOM Technical Services, Inc. - Agreement for Engineering Services - 2013 05 13 AGREEMENT FOR
ENGINEERING SERVICES
THIS AGREEMENT is made and entered into this day of 2013,by and between the
CITY OF WINTER SPRINGS,FLORIDA,a Florida Municipal Corporation,hereinafter referred
to as "City", located at 1126 E. State Road 434, Winter Springs, Florida 32708, and AECOM
Technical Services,Inc., a California corporation, authorized to conduct business in the State of
Florida,whose address is 150 North Orange Avenue,Suite 200,Orlando,Florida 32801,hereinafter
referred to as "Engineer".
WITNESSETH:
WHEREAS, City has a need to obtain engineering and related consulting services for
intersection improvements at S.R. 434 and 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.
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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 AECOM Technical Services, Inc., and its principals,
employees, resident project representatives(and assistants).
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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.
E "Work" or "Services" shall be used interchangeably and shall include the
performance of the work agreed to by the parties pursuant to this Agreement.
13 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.
23 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 compensated changes; and Engineer shall be ensated for said services in accordance with the
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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. Should Engineer fall behind the agreed upon schedule, it shall employ such resources
so as to comply with the agreed-upon schedule.
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 a lump sum total of$149,095.00,
inclusive of all Services,materials,and expenses directly related to the Services. There shall be no
other compensation due Engineer for the Services provided under this Agreement, unless
specifically agreed to by the City in writing. The lump sum shall be paid in monthly installments
based on a percent complete of work complete to date under each task listed in EXHIBIT "A."
Payment requests shall be made to the City by submitting a proper invoice detailing the Services
performed and the payment requested. Payment will not be made for tasks not performed or for
portions of any tasks not performed. 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. Payment shall be due and payable as provided by the
Florida Prompt Payment Act s.218.70 et. seq., Florida Statutes.
5.3 Miscellaneous. Under no circumstances shall actual or direct costs under this
Agreement include costs associated with in efficiency, offsite or home office overhead, loss of
productivity, consequential damages, legal or consulting costs, or costs associated with delays
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caused in whole or in part by the Engineer.
5.4 Errors and Deficiencies. Engineer shall not invoice the City or seek any
compensation from the City to correct or revise any errors or deficiencies in Engineer's services
provided under this Agreement.
5.5 Payment Offsets. To the extent that Engineer owes the City any money under this or
any other Agreement with the City,the City shall have the right to withhold payment and otherwise
' 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
Iaction 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
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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.
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8.0 SAFETY
8.1 Engineer shall be solely and absolutely responsible and assume all liability for the
safety and supervision of its principals,employees,resident project representatives(and assistants)
while performing Services provided hereunder.
9.0 REASONABLE ACCESS
9.1 During the term of this Agreement,City shall grant Engineer reasonable access to the
City's premises, records, and files for purposes of fulfilling its obligations under this Agreement.
10.0 INSURANCE
10.1 Liability Amounts. During the term of this Agreement, Engineer shall be
responsible for providing the types of insurance and limits of liability as set forth below.
a. Professional Liability. Proof of professional liability insurance 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 limit bodily injury and minimum$50,000 property
damage as the combined single limit for each occurrence to protect the Engineer from claims for
damages for bodily injury,including wrongful death,as well as from claims from property damage,
which may arise from the ownership, use, or maintenance of owned and non-owned automobiles,
including rented automobiles whether such operations be by the Engineer or by anyone directly or
indirectly employed by the Engineer.
d. The Engineer shall maintain, during the life of this Agreement, adequate Workers'
Compensation Insurance and Employers'Liability Insurance in at least such amounts as are required
by law for all of its employees performing Work for the City pursuant to this Agreement.
10.2 Special Requirements. Current,valid insurance policies meeting the requirements
herein identified shall be maintained during the term of this Agreement. Renewal certificates shall
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be sent to the City thirty(30)days prior to any expiration date. There shall also be a thirty(30)day
advance written notification to the City in the event of cancellation or modification of any stipulated
insurance coverage. The City shall be an additional named insured on stipulated insurance
policies included in article 10.1.b and 10.1.c herein,as its interest may appear,from time to time.
1 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.
a 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
i insurance. It is expressly agreed that neither the provision of the insurance referred to in this
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Agreement nor the City's acceptance of the terms, conditions or amounts of any insurance policy
I 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
I "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
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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
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Agreement as is consistent with the applicable professional standard of care.
11.2 Engineer shall comply with the Florida Department of Transportation's
Disadvantaged Business Enterprise(DBE)Program. Engineer shall not discriminate on the basis of
race, color, national origin, or sex in the performance of this Agreement. Engineer shall carry out
the applicable requirements of 49 CFR Part 26 in the performance of the services set forth herein.
Failure by the Engineer to carry out these requirements is a material breach of this Agreement,
which may result in the termination of this Agreement or such other remedy as appropriate.
11.3 Engineer shall utilize the U.S.Department of Homeland Security's E-Verify system,
in accordance with the terms governing use of the system,to confirm the employment eligibility of:
1)all persons employed by the Engineer during the term of the Agreement to perform employment
duties within Florida; and 2) all persons, including subcontractors, assigned by the Engineer to
perform work under this Agreement.
11.4 Engineer shall provide the Services hereunder in compliance with Appendix I of the
Florida Department of Transportation's Professional Services Agreement,as attached as EXHIBIT
«B.»
12.0 REPRESENTATIONS
12.1 Engineer represents that the Services provided hereunder shall conform to all
requirements of this Agreement,shall be consistent with recognized and sound engineering practices
and procedures; and shall conform to the customary standards of care, skill, and diligence
appropriate to the nature of the Services 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 all applicable requirements imposed by all public authorities. The Engineer represents
and warrants that it is familiar with, and accepts that it will perform the Services hereunder in a
manner that complies with all applicable requirements of law,codes,and regulations. Engineer shall
be responsible for the professional quality, technical accuracy and the coordination of all plans,
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1 studies, reports and other services furnished to the City under this Agreement. Unless this
Agreement is terminated by the City, or terminated by Engineer for nonpayment of any proper
invoices, or the City exercises its rights to perform the Services pursuant to under Paragraph 2.2
1 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 GUARANTEE AGAINST INFRINGEMENT
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13.1 Engineer guarantees that all Services performed under this Agreement shall be free
from claims of patent,copyright,and trademarks infringement. Notwithstanding any other provision
of this Agreement, Engineer shall indemnify 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
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I 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
J 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
1 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,
v 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
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with this Agreement shall at any and all reasonable times during the normal working hours of the
Engineer be open and freely exhibited to the City for the purpose of examination and/or audit.
a. Reuse of Documents. All documents, including but not limited to, drawings,
specifications, and data, or programs stored electronically or otherwise,prepared by the Engineer
and its independent contractors and associates pursuant to this Agreement or related exclusively to
the Services described herein shall be owned by the City and may be reused by the City for any
reason or purpose at anytime. However, the City agrees that the aforesaid documents are not
intended or represented to be suitable for reuse by the City or others on any undertaking other than
the Work outlined in this Agreement. Any reuse for an undertaking other than for the Work without
verification or adaptation by the Engineer,or its independent contractors and associates if necessary,
to specific purposes intended will be at the City's sole risk and without liability or legal exposure to
the Engineer.
b. Ownership of Documents. The City and the Engineer agree that upon payment of
fees due to the Engineer by the City for a particular design, report, inventory list, compilation,
drawing, specification, model, recommendation, schedule or otherwise, said design, report,
inventory list,compilation,drawing,specification,technical data,recommendation,model,schedule
and other instrument produced by the Engineer in the performance of this Agreement,or any Work
hereunder, shall be the sole property of the City,and the City is vested with all rights therein. The
Engineer waives all rights of copyright in said design,report,inventory list,compilation,drawing,
specification,technical data, recommendation, model, schedule and other instrument produced by
the Engineer in the performance of this Agreement,and hereby assigns and conveys the same to the
City whether in the possession or control of the Engineer or not.
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.
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16.0 INDEPENDENT CONTRACTOR
16.1 At all times during the term of this Agreement, Engineer shall be considered an
independent contractor and not an employee of the City.
4 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
ry 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
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paragraph 17.0 Default;(b)Engineer makes a general assignment for the benefit of its creditors;(c)
Engineer fails to comply with any condition or provision of this Agreement; or (d) Engineer is
experiencing a labor dispute which threatens to have a substantial,adverse impact upon performance
of this Agreement without prejudice to any other right or remedy City may have under this
Agreement.In 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
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i 23.1 Waiver by either party of any terms, or provision of this Agreement shall not be
considered a waiver of that term, condition,or provision in the future.
23.2 No waiver,consent,or modification of any of the provisions of this Agreement shall
be binding unless in writing and signed by a duly authorized representative of each party hereto.
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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
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29.1 This Agreement may be executed in any number of counterparts,each of which when
so executed and delivered shall be considered an original agreement; but such counterparts shall
together constitute but one and the same instrument.
30.0 DRAFTING
30.1 City and Engineer each represent that they have both shared equally in drafting this
Agreement and no party shall be favored or disfavored regarding the interpretation of this
Agreement in the event of a dispute between the parties.
31.0 NOTICE
31.1 Any notices required to be given by the terms of this Agreement shall be delivered by
hand or mailed, postage prepaid to:
For Engineer:
( )
For City:
City of Winter Springs/Public Works Department
Attention: City Engineer
1126 E. State Road 434
Winter Springs, Florida 32708
(407) 327-7597 FAX: (407) 327-6588
31.2 Either party may change the notice address by providing the other party written
notice of the change.
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
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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
1 paragraph shall survive termination of this Agreement.
33.0 CORPORATE REPRESENTATIONS BY ENGINEER
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33.1 Engineer hereby represents and warrants to the City the following:
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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
1 functions and operations set forth in this Agreement.
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4 b. The undersigned representative of Engineer has the power,authority,and legal right
to execute and deliver this Agreement on behalf of Engineer.
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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.
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
1 LIABLE FOR ECONOMIC DAMAGES RESULTING FROM
NEGLIGENCE OCCURRING WITHIN THE COURSE AND SCOPE
OF PROFESSIONAL SERVICES PERFORMED IN ACCORDANCE
I WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT
Engineering Services Agreement
I City of Winter Springs and AECOM Technical Services, Inc.
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PROVIDED CERTAIN STATUTORY CONDITIONS ARE
SATISFIED.
The indemnity provisions set forth in Paragraphs 34.1 and 34.2 shall be considered separate
and independent indemnity provisions.
35.0 ENGINEER'S PERSONNEL AT CONSTRUCTION SITE
35.1 The presence or duties of Engineer's personnel at a construction site, whether as
onsite representatives or otherwise, do not make Engineer or Engineer's personnel in any way
responsible for those duties that belong to City and/or the construction contractors or other entities,
and do not relieve the construction contractors or any other entity of their obligations, duties, and
responsibilities, including, but not limited to, all construction methods, means, techniques,
sequences, and procedures necessary for coordinating and completing all portions of the
construction work in accordance with the applicable construction contract documents and any health
or safety precautions required by such construction work. Engineer and Engineer's personnel have
no authority to exercise any control over any construction contractor or other entity or their
employees in connection with their work or any health or safety precautions and have no duty for
inspecting, noting, observing, correcting, or reporting on health or safety deficiencies of the
construction contractor(s) or other entity or any other persons at the site except Engineer's own
personnel.
35.2 The presence of Engineer's personnel at a construction site is for the purpose of
providing to City a greater degree of confidence that the completed work will conform generally to
the applicable contract documents and that the integrity of the design concept as reflected in the
contract documents has been implemented and preserved by the construction contractor(s).
Engineer neither guarantees the performance of the construction contractor(s) nor assumes
responsibility for construction contractor's failure to perform work in accordance with the contract
documents. For this Agreement only,construction sites include places of manufacture for materials
incorporated into the construction work, and construction contractors include manufacturers of
materials incorporated into the construction work.
36.0 RECORD DRAWINGS
36.1 Record drawings, if required, will be prepared, in part, on the basis of information
compiled and furnished by others,and may not always represent the exact location,type of various
components, or exact manner in which the project was finally constructed. Engineer is not
responsible for any errors or omissions in the information from others that is incorporated into the
record drawings.
Engineering Services Agreement
City of Winter Springs and AECOM Technical Services, Inc.
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37.0 ADDITIONAL ASSURANCES
37.1 The Engineer for itself and its Subconsultants, if any, certifies that
Ia. 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;
A
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.
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d. The undersigned is authorized to execute this Agreement on behalf of the Engineer
signe bind thgeem .n No further ired by the
Enand gineer said to enter atur into shall this Agreement inthe Engineer other than to Engineer's is Ar ent
udersigned he representative action s requi execution of
1 the Agreement.
` 38.0 CONFLICTS
38.1 In the event of a conflict between any provision of this Agreement and any
attachment or exhibit attached hereto, the provisions of this Agreement shall prevail unless the
attachment or exhibit expressly provides otherwise by making specific reference to the paragraph
and provision of this Agreement that is being replaced or modified.
39.0 ESTIMATES
39.1 Estimates, opinions of probably construction or implementation costs, financial
evaluations, feasibility studies or economic analyses prepared by Engineer will represent its best
judgment based on its experience and available information. The City recognizes that Engineer
has no control over costs of labor,materials,equipment or services furnished by others or over
market conditions or contractors' methods of determining prices, and that bids and actual costs
may vary from the Engineer's opinions, evaluations or studies.
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[Signature Page Follows]
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Engineering Services Agreement
City of Winter Springs and AECOM Technical Services, Inc.
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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 *
B
PrintName/ 'it'-: 01'4 L.S1'&+ Print Name/Title: •I; -XI- &V"J2
Ci MuktaVY 'elc=141 r
ATTEST:
By:
City MIIMI W 1■00""
* 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 AECOM Technical Services, Inc.
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EXHIBIT "A"
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SCOPE OF SERVICES
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Engineering Services Agreement
City of Winter Springs and AECOM Technical Services, Inc.
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AECOM 407.843.6552 tel
150 N.Orange Ave. 407.839.1789 fax
Suite 200
Orlando,Florida 32801
www.aecom.com
SCHEDULE 1
AECOM Basic Services
PROJECT DESCRIPTION
The City of Winter Springs(the"Client")desires to implement a series of safety and operational
improvements in the vicinity of the intersection of S.R.434 and Tuskawilla Road in Winter Springs
(see Exhibit A).The Project is comprised of roadway improvements and streetscape treatments
and may include:
• Eliminating the southbound Tuskawilla Road right turn bypass lane that is causing
confusion for drivers;
• Shifting the Tuskawilla Road lanes on the north branch to the east;
• Providing a longer southbound Tuskawilla left turn storage lane;
• Eliminating the left turn overlap for southbound and northbound Tuskawilla left turning
movements;
• Increasing the southbound Tuskawilla Road to westbound S.R.434 turning radius;
• Improve sight lines;
• Adding on-street parking along Tuskawilla Road;
• Creating a more functional Frontage Road along the north side of S.R.434 between
Tuskawilla Road and Doran Drive;
• Creating more space for turning movements between S.R.434 and the Frontage Road at
the intersections;
• Enhancing the pedestrian access to Market Square;and
• Improving pedestrian comfort and safety by incorporating landscape and hardscape
enhancements.
PROJECT TEAM
The following professionals shall provide the services indicated in support of the work:
AECOM Technical Services - Project Management, Landscape Architecture,
Urban Design
Brindley Pieters&Associates - Civil Engineering and Structural Engineering,Traffic
Data Collection
Clear Engineering - Electrical Engineering
Prevost Stamper Irrigation - Irrigation Design
Southeastern Surveying - Survey, Mapping and Geotechnical Services
PART I—Design Services
Pre-Design Services
1.1 Project Coordination—In addition to the specific services detailed below(the"Services"),
AECOM shall coordinate our work with the Client's representative and the Client's project
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e,l City of Winter Springs
/'7� May 2,2013
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team, monitor the project schedule as it relates to the scope contained herein,and provide
timely invoicing and reporting of project progress.
1.2 Base Data—The Client will provide AECOM with all existing data available for the Project or
for areas immediately adjacent to the Project which AECOM will incorporate into the
development of base plans prior to beginning design work. AECOM shall rely on all
information supplied by the Client as accurate and correct. Additional work required due to
inaccurate,incorrect,or incomplete information supplied by the Client shall be completed
as an Additional Service.
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AECOM shall prepare a topographic survey of the roadway within the project limits,
geotechnical services for geotechnical design parameters and recommendations for the
design and construction of identified roadway improvements,and traffic counts for the
intersection.
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1.3 Kick-off Meeting—AECOM will organize a kick-off meeting with the Client and the project
team in the Client's offices to kick-off the project. During the meeting,we will review the
Preliminary Conceptual Design previously prepared for the Project. The meeting will define
,1 the image and design vocabulary for the project that will be used by the Client and the
design team to measure the appropriateness of future design decisions. The image and
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design vocabulary must be approved by the Client prior to AECOM beginning design work.
The agenda for the meeting will include:
• Client objectives
1 • Project issues
• Preliminary development program
• Preliminary conceptual design
• Project requirements
• Team member responsibilities
•
Identification of Community Stakeholders
• Schedule
1.4 Site Analysis — AECOM will visit the site one (1)time in order to develop an understanding
of the site's opportunities and constraints, observe existing conditions including a visual
inspection of physical above ground features compared to the survey, and the current
retailing activities along Market Square and the Frontage Road.
1 1.5 identification of Community Stakeholders—AECOM,in association with the Client during
the kick-off meeting,will identify city staff, public officials, FDOT, Seminole County,and
community stakeholders or stakeholder groups(key stakeholders),that the Client believes
need to provide input,and develop an approach for public outreach.
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Deliverables—As a result of these tasks,AECOM shall produce the following:
- One(1)digital and hard copy of Survey;
g - One(1)digital copy of Geotechnical Report;
- One(1)digital copy of Traffic Counts;and
- One(1)digital copy of Meeting Minutes from the Kick-off Meeting.
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AECOM City of Winter Springs
May 2,2013
PART II—Conceptual Design and Public Participation
1.6 Stakeholder Interviews—AECOM will contact and meet with the identified stakeholders
over a period of two(2)days. During the interviews,AECOM will collect information about
current activities,business conditions,and how improvements to the intersection will
benefit the community. The Client shall be responsible for arranging the location of the
stakeholder interviews and providing room set-up including, but not limited to,tables,
chairs,and break-out areas.
1.7 Workshop—AECOM will further develop the Preliminary Conceptual Design for the Project
area in a collaborative manner during an on-site interactive one-day workshop with key
stakeholders. Based on input received from key stakeholders during this public process,
AECOM will work as a team to prepare a Final Concept Plan. The Plan will address parking,
roadway alignment, improvements to the intersection,and pedestrian access
improvements to Market Square and improvements the Frontage Road.
The Client shall be responsible for arranging the location of the workshop, inviting key
stakeholders including FDOT and Seminole County,and providing room set-up including,
but not limited to,tables,chairs, and break-out areas.
At the end of the day,AECOM will conduct a pin-up of the workshop's ideas for discussion
and feedback with the Client and any key stakeholders who would like to attend and
provide input on the Final Concept Plan.
1.8 Final Concept Plan(15%)—AECOM will prepare a Final Concept Plan based upon the vision,
public input and conceptual design created during the Workshop. The Final Concept Plan
will be the foundation for the remaining design process and direction for the remainder of
the Project.The following will constitute the scope of AECOM's work:
• A color-rendered graphic of the overall plan and supporting illustrative graphics
identifying proposed roadway improvements to the intersection, Market Square
and the Frontage Road.
1.9 Conceptual Statement of Probable Cost—AECOM will prepare a conceptual statement of
probable cost for the elements detailed in the Final Concept Plan documents.
1.10 Client Review Meetings-AECOM will attend one(1)meeting with the Client to review the
progress of the Final Concept Plan documents. The Client will review the Final Concept
Plan and Conceptual Statement of Probable Cost and provide a consolidated set of written
review comments to AECOM. After the review meeting AECOM shall proceed with the
preparation of the Final Construction Document phase of the work once written
authorization to proceed is received from the Client. The Client shall also confirm the
construction budget for the Project at this time prior to the start of the next phase of work.
Deliverables—As a result of these tasks,AECOM shall produce the following:
- One(1)digital copy of the Final Concept Plan and supporting illustrative graphics
suitable for electronic delivery to FDOT;
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AECOM City of Winter Springs
May 2,2013
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- One(1)copy of the conceptual statement of probable cost;
- One(1)digital copy of Meeting Minutes from Client Review Meeting;and
- One(1)digital copy of results from Key Stakeholder interviews.
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PART III—Meetings and Presentations
4 1.11 FDOT Review Meeting—AECOM will attend one(1)meeting with FDOT and the Client to
review the progress of the Final Concept Plan documents. The Client shall be responsible
for setting up the meeting.
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1.12 Seminole County Review Meeting—AECOM will attend one(1)meeting with Seminole
County and the Client to review the progress of the Final Concept Plan documents. The
Client shall be responsible for setting up the meeting.
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1.13 City Commission Presentation—AECOM will present the Final Concept Plan to the City of
Winter Springs Commission one(1)time at a meeting date determined by the Client.
1.14 Utility Coordination Meeting—AECOM will submit 60%construction documents to the
appropriate utility companies for review and the utility companies will provide a
consolidated set of written review comments to AECOM. AECOM will attend one(1)
4 meeting with the utility companies for design coordination purposes and to review the
comments. AECOM will incorporate the comments from the review meeting into the 90%
construction document submittal.The Client shall be responsible for setting up the
meeting.
- Deliverables—As a result of these tasks,AECOM shall produce the following:
1
I - One(1)digital copy of Meeting Minutes from each meeting identified above;and
- One(1)digital copy of Final Concept Plan PowerPoint presentation.
PART IV—Final Construction Documents(60%,90%and Final Documents)
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u1.15 60%and 90%Construction Documents— Based on the reviewed and approved Final
Concept Plan documents,AECOM shall prepare construction documents for the
development of the roadway improvements and the following site features:
• Storm sewer and drainage plans,calculations,and permitting for new,relocated or
revised inlets or storm sewer systems;
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;i • Roadway grading plans for the revised intersection and revised parking areas;
I • Intersection layout plans;
• Signalization plans for revisions to the existing signals including shifting signal heads
or mast arm relocation, new pedestrian pedestals and timers,timing changes,and new
in-pavement signal loops;
• Roadway design plan sheets including horizontal and vertical geometry,driveway
connections,sidewalk layout;
• Roadway typical sections and details;
• Signing and pavement marking plans for revisions at the Tuskawilla Road/SR 434
intersection,crosswalks,and parking to current MUTCD/FDOT standards;
• Utility coordination;
• Driveway connection permits;
Page 4 of 9
City of Winter ay 2,2013
• Temporary Traffic Control Plans;
• Relocated site lighting and electrical plans;
• Hardscape, landscape and irrigation plans;
• Structural design for new or relocated signs and lighting;
• Structural design for retaining walls,stairs,and railings;and
• Construction phasing plan.
Specifically,AECOM shall prepare roadway plans,grading plans,electrical plans,
hardscape layout plans, landscape plans,and irrigation plans for the elements identified
above,as well as:
• Construction details, including details,elevations and sections provided as necessary
to communicate the design intent and construction materials.
• All design plan components will comply with FDOT requirements for roadways,signals,
signage,and pavement markings for items within the FDOT right-of-way.
• Technical specifications that define materials and methods appropriate for
construction.
Exclusions to AECOM design services which may be necessary or required:
• Right-of-Way acquisition efforts including title searches,sketch and descriptions,
legal descriptions,and boundary surveys;
• Existing roadway conditions report and evaluation;
• Traffic warrant study;
• Specific wetland or surface water mitigation plans;
• Agency environmental permit applications,surveys or reports;
• Intelligent transportation systems;
• Noise/pollution study;
• Archeological site survey;and
• Detailed drainage analysis including pond siting report, retention areas or
stormwater abatement calculations or analysis.
1.16 Statement of Probable Cost-AECOM shall prepare a statement of probable cost for all
elements detailed in the Construction Documents.
Client Review Meetings-AECOM will attend two(2)meetings(at the 60%and 90%stages
of completion)with the Client to review the progress of the construction documents. The
Client will review each submittal of the construction documents and the statement of
probable cost and provide a consolidated set of written review comments to AECOM.
AECOM will incorporate the comments from the 60%review meeting into the 90%
submittal. Minor revisions will be incorporated into the Final Construction Documents
based on review comments received during the 90% review meeting and as directed by the
Client.
Deliverables—As a result of these tasks,AECOM shall produce the following for each Client review
meeting:
- One(1)digital copy of construction documents suitable for electronic delivery to public
utility companies(60%)
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A" City of Winter Springs
� May 2,2013
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- One(1)digital copy of construction documents suitable for electronic delivery to FDOT
i (60%and 90%)
- One(1)digital copy of the statement of probable cost
3 - One(1)digital set of technical specifications with the 90%Construction Documents
One(1)digital copy of responses to City and FDOT comments
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1.17 Final Construction Documents-AECOM shall prepare the final set of Construction
Documents, incorporating review comments from the 90 percent Client review meeting and
from FDOT. The documents will be suitable for bidding and construction of the roadway
improvements of the project as detailed in this scope of services.
Deliverables—As a result of these tasks,AECOM shall produce the following:
I - Five(5)sets of construction documents
- One(1)digital copy of construction documents suitable for electronic delivery to FDOT
- One(1)copy of the final statement of probable cost
- One(1)digital set of technical specifications
1.18 Sketch and Description—AECOM shall obtain a sketch and description for the Client so
the Client can create an Easement Agreement for the work performed outside of FDOT
Right-of-Way to implement the Project.
PART V—Pre-Construction Services
Building Permit Assistance
1.19 Document Production and Submittal—AECOM shall assist the Client with the Client's
responsibility for filing documents required for the approval of governmental authorities
1 having jurisdiction over the project in support of gaining necessary permits or approvals for
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construction of the project relative to the work prepared by AECOM.
j 1.20 Request for Additional Information(RAI)Response—AECOM shall respond to agency
Requests for Additional Information relative to the work prepared by AECOM.
3 1.21 Permitting Agency Meetings and Coordination—AECOM shall meet with appropriate
governmental officials one(1)time and shall coordinate our work with the Client's project
team in support of the governmental approval process.
The Client shall be responsible for any fees associated with these permits.
ADDITIONAL SERVICES
AECOM will provide Additional Services as mutually agreed between AECOM and the Client. An
equitable adjustment to AECOM's compensation and time for performance will be made through
an amendment to this Agreement for any Additional Services.
Minor revisions will be incorporated into the documents based on review comments from the City
, and from FDOT. Additional concepts and/or major changes that represent a significant departure
1 from the original design program, budget,and approved concept shall be considered an Additional
Service.
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e r. City of Winter Springs
�� May 2,2013
Additional Services may include, but are not limited to:
• M.O.T.charges necessary for the topographic survey,geotechnical or traffic data collection
work.
• Bidding assistance such as pre-bid meeting, responding to bidder request for information,
and issuing addenda.
• Construction phase services such as attending pre-construction and construction
meetings, review of product submittals and shop drawing submittals, preparing responses
to RFI's, preparing field sketches or modification documents,evaluating substitutions,
review of materials and on-site mock-ups,site visits to observe construction and site visit
reports,and project completion site visits to establish substantial and final completion.
ADDITIONAL PROVISIONS
AECOM is entitled to rely upon the accuracy of historical and existing data and information
provided by Client and others without independent review and verification. Documents,drawings,
specifications,and electronic information/data, including computer aided drafting and design
(CADD),prepared by AECOM pursuant to this agreement are not intended or represented to be
suitable for reuse by Client or others on extensions of the Project or on any other project.
Any use of completed documents for other projects and any use of incomplete documents without
specific written authorization from AECOM will be at Client's sole risk and without liability to
AECOM. Client assumes full responsibility for such changes unless Client has given AECOM prior
notice and has received from AECOM written consent for such changes.
Electronic data delivered to Client is for Client's convenience and shall not include the
professional stamp or signature of an engineer or architect. Client agrees that AECOM shall not be
liable for claims, liabilities or losses arising out of,or connected with the decline of accuracy or
readability of electronic data to inappropriate storage conditions or duration.
PROJECT SCHEDULE
AECOM is prepared to begin work on the project immediately upon receipt of this executed Letter
of Agreement. AECOM, in consultation with the Client, shall perform its work in such a manner as
to comply with a mutually agreed schedule.
ASSIGNED PERSONNEL
The following personnel from AECOM will be assigned to this project, and will have the
responsibilities described:
Peter Sechler, RLA Principal-In-Charge/Principal 5
John Griffin, RLA Project Manager/Landscape Architect 4
Ian Lockwood, PE Livable Transportation Engineer/Principal 2
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A_ City of Winter Springs
/�� May 2,2013
SCHEDULE 2
AECOM Fees
The Basic Services in the scope of work(Schedule 1)will be provided fora lump sum of One
Hundred Forty-nine Thousand Ninety-five Dollars($149,095)including direct expenses.
Part I — Design Services $28,299
Part II—Conceptual Design and Public Participation $25,909
Part III—Meetings and Presentations $8,313
Part IV— Final Construction Documents $85,894
Part V— Pre-Construction Services $680
4
Total=$149,095
Exhibit B— Project Fee Budget Summary
Exhibit C—AECOM Man-hours& Fee Estimate
Exhibit D— Brindley Pieters&Associates Proposal
Exhibit E—Clear Engineering Proposal
Exhibit F—Prevost Stamper Incorporated Proposal
Exhibit G—Southeastern Surveying Proposal
The fee for any Additional Services approved by the Client shall be as detailed in a separate
authorization for those services.
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AECOMCity of Winter Springs
May 2P2013
SCHEDULE 3
AECOM Current Hourly Rate Schedule
AECOM provides consulting services in environmental planning, planning,transportation planning,
urban design and landscape architecture. Compensation is based on the following schedule of
fees and charges:
HOURLY LABOR RATES
Principal6 $295 Transportation Planner/Engineer 6 $215
Principal5 $270 Transportation Planner/Engineer 5 $175
Principal4 $245 Transportation Planner/Engineer 4 $140
Principal3 $230 Transportation Planner/Engineer 3 $115
Principal 2 $205 Transportation Planner/Engineer 2 $100
Principal 1 $175 Transportation Planner/Engineer 1 $80
Ecologist 6 $215 Environmental Graphics Designer 6 $215
Ecologist 5 $175 Environmental Graphics Designer 5 $175
Ecologist 4 $140 Environmental Graphics Designer 4 $140
Ecologist 3 $115 Environmental Graphics Designer 3 $115
Ecologist 2 $100 Environmental Graphics Designer 2 $100
Ecologist 1 $80 Environmental Graphics Designer 1 $80
Landscape Architect 6 $215 Urban Designer 6 $215
Landscape Architect 5 $175 Urban Designer 5 $175
Landscape Architect 4 $140 Urban Designer 4 $140
Landscape Architect 3 $115 Urban Designer 3 $115
Landscape Designer/Architect 2 $100 Urban Designer 2 $100
Landscape Designer 1 $80 Urban Designer 1 $80
Planner 6 $215 Graphic Artist/GIS 4 $115
Planner 5 $175 Graphic Artist/GIS 3 $100
Planner 4 $140 Graphic Artist/GIS 2 $90
Planner 3 $115 Graphic Artist/GIS 1 $80
Planner 2 $100 Administrative Assistant $60
Planner 1 $80 Technician $50
OTHER LABOR RATES
Rates for expert testimony, litigation support, personal service contracts,and depositions/court
appearances are subject to an additional premium. If additional services are authorized during the
performance of a contract,compensation will be based on the Schedule of Fees in effect at the
time the services are authorized.
ANNUAL BILLING RATE ADJUSTMENTS
Billing rates are adjusted each calendar year to reflect updated labor cost categories. Labor cost
of work authorized in subsequent calendar years will be based on current billing rates for those
years.
Page 9 of 9
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EXHIBIT D
111011 2600 Maitland Center Pkway
Suite 180
Maitland,FL 32751
Adyar..aAloom`a.,.
407.830.8700 . Fax 407.830.8877
www.bpa-engineers.com
Date:April 25,2013
Project:Winter Springs-SR 434/Tuskawilla Road Intersection&Streetscape Improvements
Prepared for:AECOM
Prepared by:BPA(ra)
Senior
Chief Project Senior Civil Sbm E CAD Adrninlstra-
Engineer Manager Engineer Engineer Technician tive
Total
Task Hourly Rate 217.08 158.19 143.07 132.80 129.33 101.10 55.68 Hours Total Cost
Task 1.1-Project Coordination 10 10 $1,582
Task 1.2-Base Data 2 3 3 2 4 1 15 $1,863
Task 1.3-Kick-off Meeting 2 2 $316
Task 1.4-Site Analysis 2 2 4 $603
Task 1.5-Preliminary Conceptual Design
Task 1.6-Conceptual Statement of Cost 2 2 4
Task 1.7-Client Review
Subtotal Pre-Design Slink= 0 16 7 5 2 4 1 35 364
Task 1.8-Identification of Community Stakeholders $0
Task 1.9-Stakeholder Interviews $0
Task 1.10-Workshop 4 4 4 12 $1,736
Task 1.11- Concept Plans(15%) 0 $0
Task 1.12-Conceptual Statement of Cost 2 3 3 2 4 1 15 $1,863
Subtotal Conceptual Design•Public Partldpatlon 0 6 7 7 2 4 1 27 599
Task 1.14-FDOT Review Meeting 3 3 6 $904
Task 1.15-Seminole County Review Meeting 3 3 6 $904
Task 1.16-City Commission Presentation 3 3 $475
Subtotal Heed • and Presentations 0 9 6 0 0 0 15 283
Task 1.17-60%&90%Construction Documents&Permits 2 24 32 30 54 80 7 229 $28,255
Task 1.18-Statements of Probable Cost(60%&90%) 2 4 4 4 4 1 19 $2,397
Task 1.19-Client Review Meetings(60%&90%) 4 4 $633
Task 1.20-Final(100%)Construction Documents 1 10 21 25 28 66 2 153 $18,529
Subtotal Final Conn Dom(60%,90%,100%Don) 3 40 57 59 86 150 10 405 $49,814
Total Project Matthews 3_ 71 77 71 90 158 12 482 964
Direct Expenses
Printing,Fed Ex,Etc. $500.00
Traffic Counts $1,500
Total Lump Sum Fee $60,560
EXHIBIT E
13851 Crystal River Drive
A FL 3
Orlando, 2828
Phone(407)FL 277-3431
ENGINEERING Fax(407)536-5081
Iwww.clear-enor.com
March 18,2013
John Griffen,RLA
Senior Associate, Landscape Architect
Design+Planning
AECOM
150 N.Orange Ave.,Suite 200
Orlando, FL 32801
1
RE: Professional Engineering Fee Proposal#73157
Street Lighting—434&Tuskawilla,Winter Springs
Electrical Engineering
Dear John:
Thank you for the opportunity to provide you with this Professional Design Services proposal for this
upcoming project for the City of Winter Springs. This proposal is based on concept design drawings
and our email correspondence defining our scope. Our services include the following design elements.
1
1. Electrical Engineering Design
a. Roadway Lighting at intersection and along Tuskawilla, to comply with FDOT
Standards and City Standards.
b. Electrical circuit modifications,as needed.
2. One design kickoff and one coordination meetings with Design Team, City of Winter Springs,
as needed.
3. Specifications on book format.
4. Estimate of probable construction costs.
5. Construction Phase services
a. Shop drawings review
b. Respond to contractor requests for information
c. One pre-construction meeting and two field investigation meetings/punch list
Exclusions:
1. Construction Phase services
I a. Respond to contractor requests for information
b. Pre-construction meeting and field investigation meetings/punch list
c. Additional meetings, site visits, contractors request for value engineering, and
requests for substitutions, etc.are not included but are available on an hourly basis or
negotiated fixed fee based on scope of services.
Project Fees:
as
$3,000.00 Electrical Engineering
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• Page 2 March 18,2013
Additional Services Available:
$300.00 Additional Design Meetings and Coordination Meetings-each,if needed
$300.00 Construction Meetings and Inspections—each,per engineering discipline,if needed
Reimbursable expenses include printing and plotting of full size drawings for Review/Permitting
Submittals, Field trip mileage,delivery services,etc.and will be billed at cost.
Additional services, such as drawing revisions, bidding support, and construction administration will be
performed(after approval)on an hourly rate basis as follows:
Principal/Engineer $110.00
CAD Technician $60.00
Administrative/Clerical $40.00
We look forward to working with you on this project. Please give us a call with any questions.
Sincerely,
Darius D.Adams, P.E.
President
Proposal accepted by:
Name:
Company:
1
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Steven L.Anderson,Jr.,PSM,PLS EXHIBIT G James E.Mazurak,PSM
Charles M.Arnett,PSM Thomas K.Mead,PSM,PLS
Russell G.Daly,PSM,PLS =����� =�� Timothy O.Mosby,PSM
Michael L.Dougherty,PSM �.ww� ��� ..�.,fr� . James L.Petersen,PSM
Bruce C.Ducker,PSM �+�11 / j 4 William C.Rowe,PSM
James M.Dunn, II,PSM ,1r wr> ,(r*. .� ,r���,♦� Tony G.Syfrett,PSM,PLS
Mark J.Efird,PSM 7 1 1�1 f �.r
i �1 '/ Ifir I i __1 John S.Thomas,PSM
Thomas F.Ferguson,PSM r. ...i.>L��'4 I.L lJ IA11111■W Rick J.Travis,PSM
Tate B.Flowers,PLS AIIIIIIII/IM1111111111111 .+ Catherine E.Galgano,GISP
Robert W.Gardner,PSM Southeastern Surveying and Mapping Corporation Patrick J.Phillips,GISP
Brian R.Garvey,PE Kirk R. Hall,El
Jennings E.Griffin,PSM Serving the Southeast Since 1972 Donna L.Canney,CST IV
Daniel J.Henry,PSM,PLS www.southeasternsurveying.com Frank B.Henry,CST IV
Gary B.Krick,PSM info@southeastemsurveying.com David M.Rentfrow,CST IV
Brad J.Lashley,PSM,PLS Steve D.Smith,CST IV
Myron F.Lucas,PSM Celeste B.van Gelder,CST IV
Land Surveying&Mapping Services•Sub-Surface Utility Designation&Location Services•Geographic Information Systems•GPS Asset Inventories
April 25, 2013
Via e-mail: iohn.t.griffin@a,aecom.com
Mr. John T. Griffin,R.L.A.
Senior Associate
AECOM
150 N. Orange Avenue, Suite 200
Orlando,FL 32801
RE: City of Winter Springs- SR 434 and Tuskawilla Road Intersection Improvements
D.R. Mitchell's Survey of the Levy Grant on Lake Jessup
Section 34,Township 20 South,Range 30 East, Seminole County,FL
Dear Mr. Griffm,
We are pleased to submit our revised proposal for Surveying Services and Optional Utility Location on the
above referenced project.
TASK I: SCOPE OF WORK
Provide a Design Topographic Survey and establish the apparent right-of-way line, to include all tasks
described in the AECOM Surveyor or Inventory Request form provided via e-mail on 03/20/2013 and
attached hereto, in accordance with Chapter 5J-17 F.A.C. to include the following:
1. Locate all improvements and utilities, as evidenced by above ground features or as marked by the
designated utility company representative.
2. Obtain spot elevations on natural ground and existing improvements suitable for interpolation of one
foot contours to be shown on the final drawing.
3. Establish the location of the apparent right-of-way line based on a combination of sectional
monumentation,existing right-of-way monumentation,a review of parcel descriptions as found on the
Seminole County Property Appraisers site and information depicted on the SR 434 Right-of-Way maps.
4. Perform cross sections at 50 foot intervals.
5. Establish a minimum of two(2) site benchmarks.
6500 All American Blvd. 1130 Highway 90, Cypress Business Center 119 West Main Street, 10 East Lake Street, 3941 68th Avenue
Orlando,FL 32810 Chipley,FL 32428 8301 Cypress Plaza Tavares,FL 32778 Kissimmee,FL 34744 Pinellas Park,FL 33781
407.292.8580 850.638.0790 Drive,Suite 104, 352.343.4880 407.944.4880 727.525.6945
407.292.0141 Fax 850.638.8069 Fax Jacksonville,FL.32256 352.343.4914 Fax 407.944.0424 Fax 727.522.1403 Fax
904.737.5990
904.737.5995 Fax
Licenses: PSM:Florida Professional Surveyor&Mapper•PLS:Alabama Professional Land Surveyor•PE:Professional Engineer
Certifications: El:Engineering Intern•GISP:Geographic Information Systems Professional•CST:Certified Survey Technician
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Mr. John T. Griffm,R.L.A.
City of Winter Springs- SR 434 and Tuskawilla Road Intersection Improvements
April 25,2013
l
6. Topographic limits will include the full right-of-way of the northerly extension of Tuskawilla Road
north of SR 434 bound on the north by the northerly limits of the easterly entrance to the Winter
Springs Town Center(WSTC) Tree Swallow Drive on the north,the face of the WSTC buildings on
the west,the right-of-way plus 25 feet on the east and will extend south to SR 434 to include the full
intersection with SR 434 extending east and west 100 feet of full right-of-way only and then extend
south to include the full right-of-way only to include the first driveways on the east and west side of
the right-of-way. The project will also include a corridor running westerly to the centerline of Doran
Drive bounded on the north by the southerly face of WSTC buildings being an extension of the westerly
)
limits previously described and on the south by the southerly side of the first west bound travel lane.
The final product will be two(2)certified prints,an electronic file of same on disk for your use
i OPTIONAL
1 TASK II: SCOPE OF WORK (Test Holes)
1. Coordinate Sunshine One Call and utility locates to include supplemental calls to each locator to
expedite the field marking of each subsurface utility as required by law.
1
2. Expose any subsurface utilities in conflict"to a depth of 10 feet" by using non destructive vacuum
excavation methods at specific locations requested by AECOM.
J
3. Confirm/determine the vertical and horizontal position of the subject utilities and record the
information.
I
4, 4. Tie each test hole location into a minimum of three visible physical features to enable this data to be
added to your base map and also enable future recovery.
i The final product will be Test Hole Data Reports/Sketches of the project area reflecting all pertinent data for
your use
It is our understanding that AECOM will make available all plans and utility records that have been obtained
A for this site However,the information provided by AECOM is also dependent upon a Sunshine State One Call
x of Florida(SSOCOF)request for utility owners and/or their representatives to mark their buried underground
mplant at the project site as required by law.
Additional research will only be conducted if requested by AECOM.Every effort will be made to identify the
location of said underground utilities within the project area including the use of Ground Penetrating Radar,
3 Electronic Line Locating Equipment and Vacuum Excavation methods, as needed. However, due to the
inherent uncertain nature of subsurface utilities, including deficient or a misrepresentation of prints,
k Southeastern Surveying and Mapping Corporation cannot guarantee that all subsurface utility lines will
be accounted for
1 LLLJ Ll. f1la.s,
Al T:\ProposaMECOM-Boyle\City of Winter Spgs-SR 434&Tuskawilla Rd Intersection Imps(REV).wpd
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Page 3
Mr. John T. Griffin, R.L.A.
City of Winter Springs - SR 434 and Tuskawilla Road Intersection Improvements
April 25, 2013
It is also expected that the Design Engineer will perform sufficient Utility Coordination with the Utility
providers in this location to affirm the information from these efforts and to confirm that no other subsurface
utility is possibly undetected by these efforts.
Also being understood that the construction contractor is responsible to abide by Sunshine State One Call,
Florida State Statutes Chapter 556.106.
M.O.T.will be used only if absolutely necessary and these invoice charges will be an addition to the total per
day rate and reflected on our invoice to you.
Note: If permitting is required for said work,these charges will also be additional and reflected on our invoice
to you.
Note: Test Holes that require a depth of greater than ten(10)feet,or require a substantial amount of increased
effort(sleeving,shoring,de-watering,etc.),then said Test Holes may need to be negotiated separately on a case
by case basis if normal vacuum excavation practices do not allow said utilities to be exposed.
Note: All utility sizes given are outside diameter unless otherwise specified and are approximate only due to
uncontrollable field conditions that may be encountered during excavation.
Note: Any additional overlaying or restoration of pavement,other than the replacement of materials removed
and cold patched, will be the responsibility of AECOM.
Our fees for the above referenced work will be as follows:
Task I: Design Topographic Survey $12,080.00
OPTIONAL:
Task I: Description & Sketch $ 435.00/Each(number unknown)
Task II: Test Holes-$1,150.00 Per Day(anticipate 2 days) $ 2,300.00
We anticipate completion of the above described work within four(4)weeks after receipt of approved permit
and written notice to proceed. Payment is expected within thirty(30)days from date of invoice.
We look forward to the opportunity to work with you on this project.
Sincerely,
0--
Gary B. Krick,P.S.M.
President/Project Manager
GBK:gac
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T:\Proposal\AECOM-Boyle\City of Winter Spgs-SR 434&Tuskawilla Rd Intersection Imps(REV).wpd
Page 4
Mr.John T. Griffin, R.L.A.
City of Winter Springs- SR 434 and Tuskawilla Road Intersection Improvements
April 25, 2013
If your firm requires a contract to be in place,a PROFESSIONAL SERVICES AGREEMENT will need to be
furnished to Southeastern Surveying and Mapping Corporation in lieu of your signature of approval.No work
will be commenced prior to the acceptance of said agreement in writing by both parties. AN
AGREEMENT/CONTRACT WILL NOT BE ACCEPTED AFTER THIS PROPOSAL LETTER HAS
BEEN SIGNED AND WORK HAS COMMENCED.
Please address and send all Contracts and Sub-Consultant Agreements to the Orlando Corporate Office
located at 6500 All American Boulevard,Orlando,FL 32810.
If the above scope,period of service and method of compensation meets with your approval,please execute
below and fax to Southeastern Surveying and Mapping Corporation as notice to proceed along with the notice
of commencement.
The individual signing this Proposal represents and warrants that they have the power and authority to
enter into and bind the parties for whom they sign.
ACCEPTED BY:
/
Principal/or Corporate Officer TITLE Printed Name Date
The person who is executing this document must indicate that he/she is a Principal or Corporate Officer.
If signor is other than a Principal or Corporate Officer, a letter of authorization on company letterhead
signed and notarized by a Principal or Corporate Officer indicating said person is authorized must be
attached at time of signature.
a✓I.SJ tom\_
T:\Proposal\AECOM-Boyle\City of Winter Spgs-SR 434&Tuskawilla Rd Intersection Imps(REV).wpd
'>3
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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
Engineering Services Agreement
City of Winter Springs and AECOM Technical Services, Inc.
19
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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
il 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
1
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.
4
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
I
Engineering Services Agreement
City of Winter Springs and AECOM Technical Services, Inc.
20
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shall include municipalities and other political subdivisions of States; and public
corporations, boards, and commissions established under the laws of any State.
K. Participation by Disadvantaged Business Enterprises:The Consultant shall agree to abide by
the following statement from 49 CFR 26.13(b). This statement shall be included in all
subsequent agreements between the Consultant and any subconsultant or contractor.
The Consultant, sub recipient or subcontractor shall not discriminate on the basis of race,
color,national origin,or sex in the performance of this contract. The contractor shall carry
out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-
assisted contracts. Failure by the Consultant to carry out these requirements is a material
breach of this contract,which may result in termination of this contract or other such remedy
as the recipient deems appropriate.
L. It is mutually understood and agreed that the willful falsification, distortion or
misrepresentation with respect to any facts related to the project(s) described in this
Agreement is a violation of the Federal Law. Accordingly, United States Code, Title 18,
Section 1020, is hereby incorporated by reference and made a part of this Agreement.
M. It is understood and agreed that if the Consultant at any time learns that the certification it
provided the Department in compliance with 49 CFR, Section 26.51,was erroneous when
submitted or has become erroneous by reason of changed circumstances,the Consultant 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.
Engineering Services Agreement
City of Winter Springs and AECOM Technical Services, Inc.
21
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O. The Consultant hereby certifies that it has not
1. employed or retained for a commission, percentage, brokerage, contingent fee, or
other consideration, any firm or person (other than a bona fide employee working
solely for the above contractor)to solicit or secure this contract;
2. agreed, as an express or implied condition for obtaining this contract,to employ or
retain the services of any firm or person in connection with carrying out this contract;
or
3. paid, or agreed to pay, to any firm, organization or person (other than a bona fide
employee working solely for the above contractor)any fee contribution,donation,or
consideration of any kind for, or in connection with, procuring or carrying out the
contract.
The consultant further acknowledges that this agreement will be furnished to the State of
Florida Department of Transportation and a federal agency in connection with this contract
involving participation of Federal-Aid funds,and is subject to applicable State and Federal
Laws,both criminal and civil.
Engineering Services Agreement
City of Winter Springs and AECOM Technical Services, Inc.
22
0
F��NTERSA CITY OF WINTER SPRINGS
0 'A PUBLIC WORKS DEPARTMENT
Fes- 1126 STATE ROAD 434
U cn WINTER SPRINGS, FL 32708
• Incorporated
1959 407-327-7597
kkORIOP FAX:407-327-6695
MEMORANDUM
TO: Kevin L. Smith, City Manager
FROM: Brian Fields, City Engineer
DATE: July 24, 2013
SUBJECT: Engineering Services Agreement-AECOM
Please find attached two originals of the Engineering Services Agreement with AECOM
for design of Intersection Improvements at SR 434 and Tuskawilla Road (Market
Square). The City Commission authorized entering into this Agreement at the May 13,
2013 meeting under Consent item #200.
The City Attorney has reviewed and approved the attached Agreement.
Please sign each document where indicated and return them to me.