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HomeMy WebLinkAbout205 CPH PO32772mi-1i PURCHASING DEPARTMENT TRANSMITTAL MEMORANDUM To: City Clerk RE: CPH P032772 and Work Order No. CPH. No. 029 for SR 46 Detour Rd Sewer & Force Main Relocations The item(s) noted below is /are attached and forwarded to your office for the following action(s): ❑ Development Order ❑ Final Plat (original mylars) ❑ Letter of Credit ❑ Maintenance Bond ❑ Ordinance ❑ Performance Bond ❑ Resolution Once completed, please: ❑ Return originals to Purchasing ❑ Return copies Special Instructions: n Marisol Ordone ln� From TADept_forms \City Clerk Transmittal Memo - 2009.doc Q Mayor's signature Rendering Safe keeping (Vault) Payment Bond El City Manager Signature City Clerk Attest/Signature Date 2, 0 DATE: 02/06/12 PURCHASE ORDER PO NUMBER 032772 PURCHASING OFFICE: 407.688.5030 ACCOUNTS PAYABLE: 407.688.5020 FACSIMILE: 407.688.5021 VENDOR NO.: 219 TO: CPH ENGINEERS, INC 500 WEST FULTON ST P.O. BOX 2808 SANFORD, FL 32772 -2808 CITY OF SANFORD P.O. BOX 1788 (300 NORTH PARK AVENUE) SANFORD, FLORIDA 32772 FLORIDA TAX EXEMPT NO.: 85801 2621681 C -8 SUBMIT INVOICES TO: ACCOUNTS PAYABLE FINANCE DEPT. P.O. BOX 1788 SANFORD, FL 32772 SHIP TO: CITY OF SANFORD 300 N. PARK AVENUE SANFORD, FL 32771 DELIVER BY TERMS F.O.B. DESTINATION BID OR QUOTATION NO. REQUISITION NO. UNLESS OTHERWISE INDICATED 09/30/12 NET /30 63074 ACCOUNT NO.: 452-4530-536.46-00 PROJECT NO.: NO DEVIATION FROM THIS PURCHASE ORDER WILL BE ALLOWED UNLESS AUTHORIZED BY THE PURCHASING MANAGER - CITY OF SANFORD ITEM NO. DESCRIPTION QUANTITY UNIT OF ISSUE UNIT COST EXTENDED COST 1 SR 46 DETOUR RD SEWER AND FORCE 166145.00 NA 1.00 166145.00 MAIN RELOCATIONS FDIP NO. 240216.5.52.01 DESIGNING, PERMITTING, BIDDING, AND CONSTRUCTION PHASE SERVICES, SUB TOTAL 166145.00 TOT %L 166145.00 APPROVED BY: APPROVED BY: PURC NG AG CITY MAN ER ALL PACKAGES AND INVOICES ASSOCIATED WITH THIS P.O. MUST BEAR THIS PURCHASE ORDER NUMBER. THE VENDOR IS RESPONSIBLE TO CAREFULLY READ AND COMPLY WITH ALL OF THE STANDARD TERMS AND CONDITIONS PROVIDED ON THE REVERSE SIDE OF THIS PURCHASE ORDER AND AT HTTP: //WWW.SANFORDFL.GOV /DEPARTMENTS /PURCHASE/TERMS.HTML COPIES TO: VENDOR ORIGINATING DEPARTMENT PURCHASING ' WS RM x UQRj� Item No. (� —1877 CITY COMMISSION 'MEMORANDUM 12 -01 1 .D JANUARY 23,26. 11 GENDA To: Honorable Mayor and Members of the City Com PREPARED BY: Paul Moore, Utility Director SUBMITTED BY: Norton N. Bonaparte, Jr., City Manager SUBJECT: SR 46 Detour Road Utility Relocation Engineering Services — CPH Engineers SYNOPSIS: Approval of a work order to the CPH Engineers master contract for engineering services related to Cthe SR46 Detour Road utility relocation project is requested. FISCAL/STAFFING STATEMENT: The cost of the engineering services is $166,145. FDOT will be reimbursing the City for this amount. The project is funded from account number 452- 4530 - 536- 46 -00. BACKGROUND: On 12/12/11 The City Commission approved Utility Work Agreements with FDOT pertaining to the utility line relocation work on the East SR46 Detour Road. The City has existing utility lines that conflict with the proposed detour road. Engineering services are required to design the new utility lines, obtain permits and review construction. Because this work is funded by FDOT we will also be required to conduct an environmental survey, perform wetland mitigations and comply with the gopher tortoise permitting. This work will be conducted by CPH Engineers and their subconsultant. Attached is a scope of services showing the details of the proposed engineering work. LEGAL REVIEW: The City Attorney's office has reviewed the CPH proposal and the Work Order. RECOMMENDATION: It is staff s recommendation that the City Commission approve the Work Order for CPH Engineers services at a cost of $166,145. SUGGESTED MOTION: "I move to approve the Work Order to CPH Engineers in the amount of $166,145." Attachment: CPH Proposal SCOPE OF SERVICES � 3. 1 SR 46 Detour Road Sewer and Force Main Relocations m FPID No. 240216- 5 -52 -01 January 12, 2012 CPH Engineers, Inc. Design, Permitting, Bidding and Construction Phase Services BASIC SERVICES OF THE CONSULTANT 1.1 The CONSULTANT agrees to perform professional engineering services in connection with the project as hereinafter stated. 1.2 The CONSULTANT shall serve as the CITY's professional engineering representative in those phases of the project to which this Scope of Services applies, and shall give consultation and advice to the CITY during the performance of his services. 1.3 The purpose of the project is to relocate existing CITY sewer and force main at the Orlando Sanford International Airport in order to accommodate the SR 46 Detour Road that will be constructed by the Florida Dept. of Transportation (FDOT) under FPID No. 240216- 5 -52 -01 on the City owned airport property. The relocations are needed due to the proposed surcharge material placement and installation of sheet piling by FDOT along the detour road, and the timing of the relocations requires that the CITY utility relocation work be completed prior to the start of the FDOT work, which is anticipated to start June 2012. Since the existing utilities requiring relocation to accommodate the detour road are on City owned airport property, FDOT is required to reimburse the City for the relocations, including design, permitting, and construction phase engineering costs. 2.1 Task 1 - Design and Permitting Services 2.1.1 The CONSULTANT shall field review the existing survey and proposed construction areas. 2.1.2 The CONSULTANT shall prepare preliminary drawings and Preliminary Opinion of Probable Construction Cost (POPCC) of proposed sewer relocations along the detour road, submit to the CITY and FDOT. 2.1.3 The CONSULTANT shall meet with the CITY to review the preliminary drawings and POPCC, and shall revise the plans based on CITY review. Scope of Services -SR 46 Detour Rd. Sewer Relocations 01- 12- 12.doc Page 1 of 12 SCOPE OF SERVICES SR 46 Detour Road Sewer and Force Main Relocations (FPID No. 240216- 5- 52 -01) Design, Permitting, Bidding, and Construction Phase Services January 12, 2012 2.1.4 The CONSULTANT shall prepare Final Construction Plans (90% complete) consisting of: Cover Sheet Summary of Quantities Key Sheet General Notes Plan and Profile (5 Sheets, 1" = 20' Scale) Utility Details 2.1.5 The CONSULTANT shall prepare a Project Manual consisting of Technical Specifications and front end bidding documents. 2.1.6 The CONSULTANT shall update the POPCC and submit three (3) sets of 90% plans, Project Manual, and the Opinion of Probable Construction Cost (OPCC) to the CITY, and shall meet with the CITY to review plans and Project Manual and shall make revisions based on CITY review. 2.1.7 The CONSULTANT shall fill out the Florida Dept. of Environmental Protection (FDEP) sewer permit application (2 applications), submit it to the CITY for review, and then submit the application and plans to FDEP. This Scope includes paying the FDEP permit application fee on behalf of the CITY, which is $250 per permit application, or a total fee of $500. 2.1.8 The CONSULTANT shall provide utility relocation plans to FDOT and coordinate with FDOT during the design and permitting phase as needed. 2.1.9 The CONSULTANT shall fill out the FDOT Utility Work Schedule, submit it to the City for review, and revise it as requested by the CITY, and then submit it to FDOT. 2.1.10 The CONSULTANT shall coordinate with FDOT and the CITY on the Agreement for the Utility relocations between the City and FDOT. 2.1.11 On a monthly basis, the CONSULTANT shall prepare reimbursement requests for the CITY's use for submittal to FDOT for reimbursement of engineering fees and construction costs incurred by the CITY as allowed per the CITY — FDOT Agreement. Scope of Services - SR 46 Detour Rd. Sewer Relocations 01- 12- 12.doc Page 2 of 12 SCOPE OF SERVICES SR 46 Detour Road Sewer and Force Main Relocations (FPID No. 240216- 5- 52 -01) Design, Permitting, Bidding, and Construction Phase Services January 12, 2012 2.1.12 The CONSULTANT shall revise the plans, project manual, and OPCC based on CITY comments, and submit three (3) copies of 100% plans (22 "x34" sheet size) and the Project Manual (8'/2 "x11" sheet size) to the City. PDF copies of the plans and Project Manual shall also be provided to the City. The CONSULTANT shall also assist the CITY as requested to attend meetings, preparing meeting notes for the CITY's use; preparing written responses to questions forwarded by the CITY; issuing to the CITY written clarifications as needed to clarify the design. 2.2 Task 2 - Environmental / Ecological Services 2.2.1 The CONSULTANT shall obtain Digital Ortho Quarter Quadrant (DOQQ) electronic files and construct a composite color infrared aerial (CIR) covering the project site. The CONSULTANT shall prepare a Vegetation and Land Use Map covering the project site. The mapping will follow Level III nomenclature of the Florida Land Use Cover and Forms Classification System (FLUCFCS). The approximate acreage of each classification will be tabulated for the site. The map will be digitized ArcView 9.3 based on "desk top interpretation of features evident on the DOQQ aerial photography, correlation with soil types (SCS Soil Survey of Seminole County) and field verification for each mapped classification. The dominant vegetation of each classification will be recorded. The map product will be used in St. Johns River Water Management District (SJRWMD) and U.S. Army Corps of Engineers (ACOE) permitting. 2.2.2 The approximate wetland limits shall be delineated by the CONSULTANT in the field with flagging tape and /or stakes in accordance with methodologies outlined in the ACOE Wetland Delineation Manual (1987), the 2008 Corps Interim Regional Supplement to the Corps Wetland Delineation Manual: Atlantic & Gulf Coastal Plain Region and the Florida Unified Wetland Delineation Methodology (Chapter 62 -340, F.A.C.). The CONSULTANT shall also locate in the field the location of Seasonal High or Ordinary High water marks for location by the project surveyor, if biological indicators are present. The CONSULTANT shall locate at least three water mark locations. 2.2.3 The CONSULTANT shall survey the wetland delineation and add this information to the plans as required for permitting. 2.2.4 The CONSULTANT shall fill out the SJRWMD Standard General Permit application on behalf of the CITY and will submit the application to the CITY Scope of Services - SR 46 Detour Rd. Sewer Relocations 01- 12- 12.doc Page 3 of 12 SCOPE OF SERVICES SR 46 Detour Road Sewer and Force Main Relocations (FPID No. 240216- 5- 52 -01) Design, Permitting, Bidding, and Construction Phase Services January 12, 2012 for review and approval. This Scope includes paying the permit application fee on behalf of the CITY, which is $1190 (the lower fee based on less than 1 acre project area is $590, but it is possible SJRWMD will charge the higher fee of $1190 since the City's construction is associated with the larger FDOT project). It is anticipated that there will be less than 0.5 acre of wetland impacts. The CONSULTANT shall arrange for and conduct a field review of the estimated wetland limits with representatives of the SJRWMD after permit application submittal, and shall attend one pre - application meeting with SJRWMD if required by SJRWMD. The CONSULTANT shall produce Dredge & Fill permit sketches, 8.5" by 11.0" drawings that show wetland impacts, cross sections, and development plan. 2.2.5 The CONSULTANT shall coordinate with the CITY as may be required in the preparation of the ecological elements of the Environmental Resource Permit (ERP) Permit application to SJRWMD. THE CONSULTANT shall prepare draft responses to ecological questions in Sections C and E of the ERP application. 2.2.6 The CONSULTANT shall prepare an analysis of the pre- & post - development wetland impacts and mitigation value following the UMAM as required by SJRWMD. Additionally, the CONSULTANT shall prepare a Post - Development FLUCFCS Map for purposes of the SJRWMD permitting. Mapping will follow the Florida Land Use Cover and Forms Classification System ( FLUCFCS) (FDOT 1999). 2.2.7 The CONSULTANT shall prepare an assessment of Secondary and Cumulative Impact Analysis and shall submit all archaeological /historical information with the SJRWMD application. Any necessary site specific cultural resource assessments are not included. 2.2.8 The CONSULTANT shall prepare a wetland jurisdiction determination (JD) package. For purposes of this determination, The CONSULTANT shall prepare documentation to be submitted with the ACOE's 8 page Form. The JD will be submitted with the permit application request. This package of information will include the following: Site Location Map; USGS Quadrangle Map - excerpt from map showing project boundary, section, township and range of the project and the latitude and longitude coordinates of the approximate center of the site; Soils Map — tabulation of descriptions of soil types shown on the soils map excerpted from the County Soil Survey; Preliminary Wetland Delineation — a print of the digital ortho - rectified color Scope of Services - SR 46 Detour Rd. Sewer Relocations 01- 12- 12.doc Page 4 of 12 SCOPE OF SERVICES SR 46 Detour Road Sewer and Force Main Relocations (F P I D No. 240216- 5- 52 -01) Design, Permitting, Bidding, and Construction Phase Services January 12, 2012 infra -red aerial photograph: 1) property boundary; 2) estimated jurisdictional wetland boundaries; 3) enumeration of each wetland; Wetland Studies Description - for each enumerated wetland a summary description of the wetland type and status (dominate vegetation, disturbance, etc.) as well as a discussion of contiguity, adjacency or isolation factors (e.g. distances from ditches and /or other waters); Data Form — a completed ACOE data form for each upland community type and each enumerated wetland. 2.2.9 The CONSULTANT shall conduct an on -site meeting with the ACOE to review the JD package and delineated wetland boundaries. The CONSULTANT anticipates one day for this field meeting. 2.2.10 THE CONSULTANT shall prepare a permit application request and submit a request for Nationwide Permit 12 (Utility Line Activities) verification to the ACOE. This assumes ACOE impacts will not exceed 0.5 acres. The Consultant shall attend one (1) pre - application meeting with the ACOE in Cocoa, Florida. 2.2.11 The CONSULTANT shall obtain a letter from the State Historic Preservation officer for inclusion with the application to address Archaeological and Historical Resources. For the purposes of this Scope of Services, it is assumed that the State will not require an conduct an archaeological / historical resource survey to be conducted, as this requirement is very unlikely for the project on the airport property. 2.2.12 The CONSULTANT shall prepare and tailor portions of the ERP Application specifically ecological elements of Sections C and E of Joint ERP Application to meet the ACOE requirements. 2.2.13 The CONSULTANT shall provide a narrative description of direct, indirect and adverse cumulative impacts anticipated as a result of impacts to the wetlands. 2.2.14 It is assumed wetland mitigation will be accomplished by purchase of mitigation bank credits, if needed. The CONSULTANT shall prepare information /documents required to coordinate with a mitigation bank to coordinate the purchase of mitigation to compensate for wetland impacts. Included in the overall fee is a budget of $60,000 for the purchase of up to one (1) mitigation bank credit, if needed. Scope of Services - SR 45 Detour Rd. Sewer Relocations 01- 12- 12.doc Page 5 of 12 SCOPE OF SERVICES SR 46 Detour Road Sewer and Force Main Relocations (FPID No. 240216- 5- 52 -01) Design, Permitting, Bidding, and Construction Phase Services January 12, 2012 2.2.15 The CONSULTANT shall prepare written responses to 2 Requests for Additional Information (RAI) by the SJRWMD and the ACOE regarding ecological elements of the ERP application prepared by the CONSULTANT. 2.2.16 Throughout the project, the CONSULTANT shall attend meetings or participate in telephone conferences with the client (including the City Kick -off meeting), client's representative, agency personnel and /or other project consultants as necessary to properly coordinate the preparation of the permit application submittal and processing the submittal. 2.3 Task 3 - Gopher Tortoise Permitting 2.3.1 According to Florida Fish and Wildlife Conservation Commission (FFWCC) regulations, project activities within 25 feet of a gopher tortoise burrow will require consultation and permitting to address the presence of the tortoise. The gopher tortoise is a Threatened species with the Florida Fish and Wildlife Conservation Commission (FFWCC). Typically tortoise relocation activities commence immediately prior to construction if barriers are not in place to prevent tortoises from off -site areas coming to the project site. The CONSULTANT proposes to conduct a tortoise survey and prepare and submit a permit application to the FFWCC for the off -site relocation of tortoises. The CONSULTANT shall relocate the tortoises prior to the construction at a to- be- determined date. All tortoise surveys, permitting, capture, and relocation activities are required by regulation to be conducted by a FFWCC Authorized Gopher Tortoise Agent (GTA). Several of the CONSULTANT's staff are GTA's and as such are qualified to conduct this wo rk. 2.3.2 The burrows shall be marked in the field by the CONSULTANT with flagging tape and /or stakes. The location of the tortoise burrows shall be located by the CONSULTANT with a hand held GPS unit. 2.3.3 Approximate burrow locations shall be plotted on an aerial photograph by the CONSULTANT for use in project permitting and FFWCC reporting purposes. 2.3.4 The CONSULTANT shall prepare and submit a gopher tortoise conservation (capture and relocation) permit application to the FFWCC for relocation of tortoises to an off -site protected long -term recipient site pursuant to requirements of the Florida Administrative Code. Scope of Services - SR 46 Detour Rd. Sewer Relocations 01- 12- 12.doc Page 6 of 12 SCOPE OF SERVICES SR 46 Detour Road Sewer and Force Main Relocations (FPID No. 240216- 5- 52 -01) Design, Permitting, Bidding, and Construction Phase Services January 12, 2012 2.3.5 The CONSULTANT shall conduct an on -site meeting with a representative of the FFWCC to review the permit application information. 2.3.6 The CONSULTANT shall prepare additional information requested by FFWCC during the permitting to process the application. 2.4 Task 4 - Gopher Tortoise Capture and Relocation 2.4.1 The CONSULTANT shall relocate the tortoises on the project site according to the FFWCC permit conditions. The CONSULTANT anticipates approximately 10 tortoises requiring relocation. The CONSULTANT anticipates the relocation will take one day. 2.4.2 The CONSULTANT shall conduct a gopher tortoise survey at least 72 hours prior to the scheduled relocation, and shall notify the FFWCC of the survey results and inform them of the relocation date. 2.4.3 The CONSULTANT shall coordinate with FFWCC regarding additional required noticing as specified in the tortoise relocation permit. 2.4.4 The CONSULTANT shall obtain the services of a subcontractor to provide a backhoe and operator to perform the gopher tortoise burrow excavations. 2.4.5 THE CONSULTANT's biologists shall excavate and handle the tortoises once captured. The CONSULTANT shall prepare tortoises for relocation to the recipient site. Prior to release on the recipient site, each relocated tortoise shall be sexed (adults only), measured and permanently and uniquely marked by scute- notching per established FFWCC guidelines and permit requirements. 2.4.6 The CONSULTANT shall relocate captured healthy tortoises, if applicable, to the approved recipient site as identified and approved by others. The recipient site shall be an approved Long -Term Recipient Site by the FFWCC. 2.4.7 The CONSULTANT shall coordinate with the recipient site as required to relocate the tortoises. Scope of Services -SR 46 Detour Rd. Sewer Relocations 01- 12- 12.doc Page 7of12 SCOPE OF SERVICES SR 46 Detour Road Sewer and (FPID No. 240216- 5- 52 -01) Design, Permitting, Bidding, anc January 12, 2012 Force Main Relocations Construction Phase Services 2.5 Task 5 - FFWCC Permitting Fees and Recipient Site Fees 2.5.1 The cost of FFWCC permitting fee is included in this Scope of Services. The FFWCC is charging the following for permit fees. The FFWCC refers to the permit fees as mitigation contribution. A mitigation contribution will be made for all conservation permits. 2.5.2 A flat mitigation contribution from each applicant applies to the first 10 burrows (up to 5 tortoises for conservation permits) impacted on each project site. Additional mitigation for sites supporting more than 10 tortoise burrows is required. The FFWCC is charging $200 for the first group of 10 burrows (up to five tortoises) and $300 -$3000 each for the remaining burrows. The CONSULTANT recommends and has included in this Scope of Services and the Work Order a budget of $1,700 for the FFWCC mitigation contribution based upon relocating 10 tortoises. This mitigation contribution fee is subject to change based on the number of tortoises captured and relocated. Should less than 10 gopher tortoises be captured, then the overall fee under this Scope of Services and Work Order issued by the CITY shall be reduced accordingly. Should more than 10 gopher tortoises be captured, than an additional cost (increase to the Work Order amount) will be needed in the amount of $300 per tortoise. 2.5.3 The recipient site fees per tortoise are subject to change based on supply and demand and is set by the recipient site. The cost per tortoise for the Long - Term Protected Recipient Site ranges from $850 to $1,500. This Scope and the fee in the Work Order is based on $1500 1tortoise for 10 tortoises. Should less than 10 gopher tortoises be captured or the fee per tortoise be less than estimated, then the overall fee under this Scope of Services and Work Order issued by the CITY shall be reduced accordingly. This recipient site fee is subject to change based on the number of tortoises captured and relocated, and the actual fee charged by the recipient site. A 10% deposit is due to the recipient site in advance of the relocation to reserve tortoise slots. The remaining balance is due to the recipient site 7 days after the completion of relocation activities. 2.6 Task 6 - Construction Phase Services 2.6.1 The CONSULTANT shall prepare conformed documents and distribute up to 10 sets of the conformed Contract Documents for the Contractor and CITY use during construction. Scope of Services - SR 46 Detour Rd. Sewer Relocations 01- 12- 12.doc Page 8 of 12 SCOPE OF SERVICES SR 46 Detour Road Sewer and Force Main Relocations (FPID No. 240216- 5- 52 -01) Design, Permitting, Bidding, and Construction Phase Services January 12, 2012 2.6.2 The CONSULTANT shall prepare the agenda, coordinate and attend the preconstruction meeting, and issue meeting notes. 2.6.3 The CONSULTANT shall attend Progress Meetings during construction. This Scope is based on attending at total of 3 Progress Meetings. Note is anticipated the overall field construction shall take approximately nine (9) weeks, and the overall construction Contract Time will be approximately fifteen (15) weeks between the Notice to Proceed and construction closeout. 2.6.4 The CONSULTANT shall review and approve shop drawings, catalog data, diagrams, illustrations, schedules, samples, test and inspection results and other data the Contractor is required to submit, but only as to conformance with the overall design concept of the project and compliance with the Plans, Specifications, and other Contract Documents. 2.6.5 The CITY shall, on a monthly basis, field review the Contractor's application for payment in terms of construction quantities and completion of items for which payment is requested. The CONSULTANT shall take CITY's reviewed construction quantities and review the payment application submitted by the Contractor, and recommend approval in writing of payments to the Contractor in such amounts, in consultation with the CITY and in consideration of its own general knowledge of the status of work based on its field reviews. Such recommendations shall constitute representations to the CITY, that are expressions of the CONSULTANT's opinion, based on CONSULTANT's observations and review as well as input from the CITY, that the work has substantially progressed to the point indicated and that, to the best of the CONSULTANT's knowledge, information and belief, the quality of the work is in accordance with the Contract Documents (subject to an evaluation of the work as a functioning project upon Substantial Completion and to the results of any subsequent tests called for in the Contract Documents and to any qualifications specifically stated in the CONSULTANT's approval). By recommending an application for payment, the CONSULTANT shall not be deemed to have represented that the CONSULTANT has made any examination to determine how and for what purposes the Contractor has used the monies paid on account of the Contract Price, or that title to any of the Contractor's work, materials, or equipment has passed to the CITY free and clear of any liens, claims, security interests or encumbrances. Such representations shall at no time be considered as a legal obligation of the CONSULTANT. However, the CONSULTANT shall provide guidance to the Scope of Services - SR 46 Detour Rd. Sewer Relocations 01.12- 12.doc Page 9 of 12 SCOPE OF SERVICES SR 46 Detour Road Sewer and Force Main Relocations (FPID No. 240216- 5- 52 -01) Design, Permitting, Bidding, and Construction Phase Services January 12, 2012 CITY and evaluate applications for payment based upon generally acceptable practices and principles. After the CITY has made payment to the Contractor, the CONSULTANT shall, on a monthly basis, assist the CITY with the preparation of disbursement requests to FDOT for reimbursement of costs from the project designated FDOT funding. 2.6.6 The CONSULTANT shall provide construction administration services during construction, which includes the following: responding to requests for additional information from either the CITY or the Contractor and preparing written responses as needed; attending field reviews as requested by either the CITY or the Contractor; reviewing proposed changes to the work presented by either the CITY or the Contractor; reviewing the Contractor's schedule on a monthly basis and providing written comments to the CITY and Contractor on the schedule status as needed; reviewing requests for changes to the Contract Time or Contract Price and making recommendations to the CITY; preparing Work Directive Change and Change Orders and making recommendation to the CITY on such changes; and making minor revisions to the Construction drawings or specifications as needed in conjunction with field changes reviewed by the CITY and the Contractor. The CONSULTANT will not be required to make exhaustive or continuous on -site observations as to the quality or quantity of completed work; the CONSULTANT will not be responsible for the construction means, methods, techniques, sequences, or procedures or the safety precautions incidental thereto. The CONSULTANT's efforts will be directed toward providing assurance to the CITY that the completed project will substantially conform to the Contract, plans, and specifications, but the CONSULTANT will not be responsible for the Contractor's failure to perform the construction work in accordance with said documents unless the CONSULTANT should have observed and reported such matters to the CITY. The CONSULTANT shall keep the CITY informed as to the progress of the work to guard the CITY against defects and discrepancies and coordinate with the CITY and the Contractor as to disapproving or rejecting work which fails to meet the project plans, specifications or other Contract Documents. 2.6.7 Throughout construction, the CONSULTANT shall provide inspection services which amount to approximately 7 hours per week for 9 weeks during construction. The CONSULTANT shall observe work during execution to observe construction methods and techniques, and shall selectively observe delivered materials on -site or at their source (not including materials testing) as to compliance with the Contract Documents. Neither full -time observation Scope of Services - SR 46 Detour Rd. Sewer Relocations 01- 12- 12.doc Page 10 of 12 SCOPE OF SERVICES SR 46 Detour Road Sewer and Force Main Relocations (FPID No. 240216- 5- 52 -01) Design, Permitting, Bidding, and Construction Phase Services January 12, 2012 at any work site nor observation of all work sites while Contractor is working is anticipated as necessary by the CONSULTANT. If it is determined that, due to construction progress (or lack thereof) or other related matters that additional time and cost or other changes than enumerated in this scope of services are required to adequately address the construction inspection or administration items; then the CONSULTANT shall bring this situation to the CITY's attention and shall furnish services as may be agreed upon per a negotiated change in the authorized fee. The CITY will provide inspection services that will supplement the inspection conducted by the CONSULTANT, as determined by the CITY to be within its resources, but the CONSULTANT shall primarily inspect the work of the Contractor. Through on -site observations of the work in progress and field checks of installed work, materials and equipment, the CONSULTANT shall provide further protection for the CITY against defects and deficiencies in the work, but this inspection and observation work shall not make the CONSULTANT responsible to find or note all discrepancies in the work nor for the Contractor's failure to perform the construction work in accordance with the plans, specifications or other contract documents unless the CONSULTANT should have reasonably found or noted such matters. 2.6.8 The CONSULTANT shall, in conjunction with other CITY representatives conduct punch list and final inspections of the in -place work to determine if the work is completed substantially in accordance with the plans, specifications and other contract documents. These inspections shall form the basis for the CONSULTANT's review and recommendation for payment on the Contractor's final pay request. 2.6.9 The CONSULTANT shall review Contractor provided record drawings and other as -built data for installed facilities and bring any apparent discrepancies between the as -built conditions and the design conditions to the attention of the CITY. The CONSULTANT shall coordinate with the Contractor regarding provision of the construction record drawings prior to final on -site inspections and punch list preparation. The CONSULTANT shall also prepare and furnish to the CITY three signed and sealed sets of record drawings and one electronic copy (PDF or ACAD format) of the record drawings showing those changes made during the construction based on the data noted above. 2.6.10 The CONSULTANT shall prepare statements of completion (qualified if necessary) certifying completion of the work, and submit statements in Scope of Services -SR 46 Detour Rd. Sewer Relocations 01- 12- 12.doc Page 11 of 12 SCOPE OF SERVICES SR 46 Detour Road Sewer and Force Main Relocations (FPID No. 240216- 5- 52 -01) Design, Permitting, Bidding, and Construction Phase Services January 12, 2012 accordance with the Contract Documents, regulatory agencies and CITY requirements. 2.6.11 Geotechnical testing, or other construction related testing, serving as the CITY's construction quality control, is assumed to be unnecessary and is not included. If it is later determined these services are necessary, the work shall be conducted as an additional service and a separate fee. 2.6.12 The CONSULTANT recognizes its obligation to report to the CITY all design errors or omissions that may be discovered during construction. Not Included The following related services are not included in the Scope of Services, and are not anticipated to be required, but can be provided at a later date at an additional fee, upon approval of the CITY: 1. Boundary Survey 2. ALTA/ACSM Land Title Survey 3. Survey of Ordinary High Water /Mean High Water 4. Construction Layout 5. Underground Utility Designation /Location 6. FDOT Utility Permitting (FDOT has indicated the CITY will not be required to apply for Utility Permits from FDOT since the Utility Estimate Summary and Work Schedule and other work conducted under this Scope of Services constitutes FDOT's approval of the proposed construction and timing of construction for the CITY's utility relocations. 7. In the event tortoises captured from the project site that are infected with the Upper Respiratory Tract Disease (URTD), the CITY will be notified immediately as to whether the FFWCC has determined whether the tortoises can be relocated or if they must be euthanized. If the FFWCC does not want the URTD tortoises relocated, then a proposal for Additional Services will be provided to the Client to address tortoises with URTD. Scope of Services - SR 46 Detour Rd, Sewer Relocations 01- 12- 12.doc Page 12 of 12 EXHIBIT A WORK ORDER FORM Work Order Number CPH -029 CITY OF SANFORD FLORIDA Master Agreement/Contract Number: Q11306.116R00 Dated: Contract/Project Title: SR 46 Detour Road Sewer and Force Main Relocations Solicitation No: Sanford Project No. TP urchase Order No. Consultant/Contractor: CPH Emgineers, Inc. Consultant/Contractor's Business Address, Phone Number, Fax Number and E -mail Address 500 West Fulton Street, Sanford, FL 32771 Phone: 407 - 322 -6841 Fax: 407 - 330 -0639 Email Address: kbowman @cphengineers.com ATTACHMENTS TO THIS WORK ORDER METHOD OF COMPENSATION DRAWINGS /PLANS /SPECIFICATIONS X FIXED FEE BASIS X SCOPE OF SERVICES TIME BASIS -NOT TO EXCEED AMOUNT SPECIAL CONDITIONS TIME BASIS - LIMITATION OF FUNDS PRICING IINFORMATION UNIT PRICE BASIS -NOT TO EXCEED AMOUNT WO TERMS AND CONDITIONS TIME FOR COMPLETION: 365 Days of the effective date of this Work Order Effective date- this Work Order: Date of Execution by City Time for completion: The services to be provided by the Consultant/Contractor shall commence upon execution of this Work Order by the parties and shall be completed within the time frame indicated above. Failure to meet the stated completion requirement may be grounds for termination for default. Work Order Amount: Dollars Expressed in Numbers: $ $166,145.00 Dollar Amount Written Out: One hundred sixty -six thousand one hundred forty -five and 00/100 In Witness Where of, the parties hereto have made and executed this Work Order on the respective dates under each signature: The City through its City Commission taking action on the and the Consultant/Contractor by and through its duly authorized corporate officer having the full and complete authority to execute same. CONSULTANT /CONTRACTOR ATTEST: EXECUTION: A 161am $ignatur , Corporate Officer Signat e, Vice President Linda M. Gardner, Sec/Treasurer N. Katriina Bowman, P. E., Vice President Corporate Officer Printed Name, Title and Date Vice President Printed Name, Title and Date CITY OF SANFORD ignature, P Manager using ` a Slrn t' 6'-Z PIL- Purchasing yan, er, Pr ted Name and Date ' Signature, Oty Clerk V Signature, Mayor 'li /� • "beet G1 evye4 2 _ / _� J Mayor 2-13-2 City Clerk, Printad Name aAd Date Mayor, Printed Name and Date Revised: 1 -6 -2011 WORK ORDER TERMS AND CONDITIONS 1. By accepting this Work Order (WO) the Contractor/Vendor /Contractor accepts all of the Terms and Conditions included herein. The Buyer is the City of Sanford, Florida, hereinafter referred to as the "City ". The term "City" is used in a broad sense to include its employees, directors, officers, agents, volunteers, etc. 2. All information referenced is hereby incorporated into the WO. These Terms and Conditions may be varied only by written amendment signed by the parties. All modifications in performance, including but not limited to, extensions of time, renewal, or substitution are void absent dually signed amendment by the parties. Time is of the essence of the lawful performance of the duties and obligations contained in the Work Order. The Vendor /Contractor agrees that Vendor /Contractor shall diligently and expeditiously pursue Vendor /Contractor's obligations. 3. Cancellation rights reserved by the City. The City may cancel this WO in whole or in part at any time for default by written notice to the Vendor /Contractor. The City shall have no liability to the Vendor /Contractor beyond payment of any balance owing for Material purchased hereunder and delivered to and accepted by the City prior to the Vendor /Contractor's receipt of the notice of termination. 4. Terms of shipping are F.O.B. the City's delivery location unless otherwise noted within the terms of this WO. Regardless of the indicated F.O.B. point, the City does not accept title until the delivery is acknowledged by an authorized City representative" 5. Prices stated on this WO are firm, all inclusive and consistent with applicable negotiations, bid(s) and /or quotations. The City is exempt from the Florida Sales and Use Tax and will furnish the Vendor /Contractor with proof of tax exemption upon request. Extra charges for any purpose will not be allowed unless explicitly indicated on the WO. This order is hereby cancelled, if pricing is omitted. 6. The Vendor /Contractor warrants that any material or equipment supplied hereunder is new, unused condition and free from defects in title, workmanship, defects in design and in full compliance with the specifications defined by the City in the order. The goods or services furnished under this WO are covered by commercial warranties for such goods or services and that the rights and remedies provided therein are in addition to and do not limit those available to the City. A copy of these warranties and all applicable manufacturer's warranties shall be furnished at the time of delivery. 7. The City reserves the right to conduct any inspection or investigation to verify compliance of the goods and /or services with the requirements of this Work order and to reject any delivery not in compliance If any deficiency is not visible at the time of delivery the City reserves the right to take and /or require appropriate corrective action upon the discovery of any deficiency, non - compliance, or defect 8. All tools or property furnished to the Vendor /Contractor by the City shall remain the property of the City, be subject to removal upon the City's demand, be used only on behalf of the City, be maintained in good order, and be clearly identified as property of the City. The Vendor /Contractor assumes any and all liability of whatsoever type or nature for loss or damage to such property. 9. The Vendor /Contractor agrees to comply with all Federal, State of Florida, Seminole County, City laws, ordinances, regulations, authority and codes and authority having jurisdiction over the purchase. 10. To the fullest extent permitted by law, the Vendor /Contractor shall indemnify, hold harmless and defend the City, its agents, servants, officers, officials and employees, or any of them, from and against any and all claims, damages, losses, and expenses including, but not limited to, attorney's fees and other legal costs such as those for paralegal, investigative, and legal support services, and the actual costs incurred for expert witness testimony, arising out of or resulting from the performance or provision of services required under this Agreement, provided that same is caused in whole or in part by the error, omission, act, failure to act, breach of contract obligation, malfeasance of officers, officials, employees, agents or subcontractors of Vendor /Contractor. Additionally, the Vendor /Contractor accepts responsibility for all damages resulting in any way related to the procurement and delivery of goods or services contemplated in this Work order. Nothing herein shall be deemed to affect the rights, privileges, and immunities of the City as set forth in Section 768.28, Florida Statutes. 11. The Vendor /Contractor shall not assign this W0, any rights under this WO or any monies due or to become due hereunder nor delegate or subcontract any obligations or work hereunder without the prior written consent of the City. WORK ORDER TERMS AND CONDITIONS -Page 2 12. The Vendor /Contractor shall not disclose the existence of this WO without prior written consent of the City except as may be required to perform this WO. 13. All Material purchased hereunder must be packaged to ensure its security and delivery in accordance with the City's shipping and packaging specification and good commercial practice. Each package shall be labeled indicating the addressee of each package or shipment and the applicable WO number. All shipments shall comply with HAZMAT requirements including, but not limited to, (DOT) regulations published in 49CFR 1399, OSHA regulations 29 CFR 4999. 14. The Vendor /Contractor shall perform the obligations of this WO as an independent contractor and under no circumstances shall it be considered as agent or employee of the City. 15. The Vendor /Contractor ensures that its personnel shall comply with reasonable conduct guidelines and City policies and procedures. 16. After each delivery, the Vendor /Contractor shall provide to the "bill to address" an original, "proper invoice" (single copy) which includes: a) Vendor /Contractor's name(dba), telephone number, mailing address; b) City's P.O. Number; c) Date of invoice; d) Shipping date; e) Delivery date; f) Payment terms; g) Description of goods /services; h) quantity; i) Unit price; j) Extended price; k) Total. The City has the right to reconcile invoice with the WO and adjust payment accordingly to comply with the WO. Payment will be made only to the Vendor /Contractor identified on the WO and for received and accepted goods /services. The City shall have right at any time to set -off any amounts due to the Vendor /Contractor against any amounts owed to the City by the Vendor /Contractor and shall in the case of Vendor /Contractor default retain the right to further adjust payments as consistent with the best interests of the City. 17. Payment of invoices will be in compliance with Chapter 218, Part VII of Florida Statutes, City Ordinance No. 3029, Purchasing Policy of the City and the stipulations, terms and conditions of this WO. Any cash discount period will date from receipt of invoice, receipt of actual delivery or date of invoice, which ever is later. 18. If this WO involves the Vendor /Contractor's performance on the City's premises or at any place where the City conducts operations, the Vendor /Contractor shall request information from the Purchasing Manager regarding insurance coverage requirements. In circumstances where insurance is required, Vendor /Contractor shall provide proofs of insurance required by the City, or City reserves the right to cancel this Work Order, immediately suspend performance by the Vendor /Contractor at Vendor /Contractor's expense and prohibit access to City premises until such proofs of insurance is verified Noncompliance with this item shall place the Vendor /Contractor in default and subject to disbarment from the City's Vendor /Contractor List. 19. The failure of the city to enforce any provision of this WO, exercise any right or privilege granted to the City hereunder shall not constitute or be construed as a waiver of any such provision or right and the same shall continue in force. 20. The Vendor /Contractor shall notify the Purchasing Manager of any inherent hazard and applicable precautions, protective measures and provide any additional relevant information, including MSDS, related to the Material being purchased herein. 21. The City shall have the right at no additional charge to use all or portions of material found in the Vendor /Contractor's applicable literature relevant to the purchase. The Vendor /Contractor agrees to advise the City of any updated information relative to the foregoing literature and documentation with timely written notice. 22. A person or affiliate who has been removed from the City's Vendor /Contractor List may not submit a bid or transact business with the City in excess of Category Two for a period of thirty -six (36) months from the date of being removed from the City's Vendor /Contractor List. 23. In compliance with 8 U.S.C. Section 1 324a(e) [Section 274A(e) of the Immigration and Nationality Act (INA)], the City will not intentionally make an award or upon discovery of a violation will unilaterally cancel this WO with any contractor who knowingly employs unauthorized alien workers. WORK ORDER TERMS AND CONDITIONS -Page 3 24. This WO shall be governed by and interpreted in accordance with the laws of the State of Florida. In any action or proceeding required to enforce or interpret the terms of this Agreement, venue shall be of the Eighteenth Judicial Circuit in and for Seminole County, Florida EXHIBIT "A" WORK ORDER TERMS AND CONDITIONS Execution of this Work Order by the CITY shall serve as authorization for the CONSULTANT /CONTRACTOR to provide goods and /or services for the above project as set out in the Scope of Services which is attached as Exhibit "A," to that certain Agreement cited on the face of this Work Order which is incorporated herein by reference as if it had been set out in its entirety and as further delineated in the specifications, conditions and requirements stated in the listed documents which are attached hereto and made a part hereof. The CONSULTANT /CONTRACTOR shall provide said goods and /or services pursuant to this Work Order, its attachments and the above - referenced Agreement. If this Work Order conflicts with said Agreement, the Agreement shall prevail. TERM: This work order shall take effect on the date of its execution by the CITY and expires upon final delivery, inspection, acceptance and payment unless terminated earlier in accordance with the Termination provisions herein. METHOD OF COMPENSATION: (i) FIXED FEE BASIS. If the compensation is based on a "Fixed Fee Basis," then the CONSULTANT /CONTRACTOR shall perform all work required by this Work Order for the Fixed Fee Amount indicated as the Work Order Amount. The fixed feel is an all- inclusive Firm Fixed Price binding the CONSULTANT /CONTRACTOR to complete the work for the Fixed Fee Amount regardless of the costs of performance. In no event shall the CONSULTANT /CONTRACTOR be paid more than the Fixed Fee Amount. (ii) TIME BASIS WITH A NOT TO EXCEED AMOUNT. If the compensation is based on a "Time Basis Method" with a Not -to- Exceed Amount, then the CONSULTANT /CONTRACTOR shall perform all work required by this Work Order for a sum not exceeding the amount indicated as the Work Order Amount. In no event is the CONSULTANT /CONTRACTOR authorized to incur expenses exceeding the Not -To- Exceed Amount without the express written consent of the CITY. Such consent will normally be in the form of an amendment to this Work Order. The CONS ULTANT /CONTRACTOR's compensation shall be based on the actual work required by this Work Order and the Labor Hour Rates established in the Master Agreement. (iii) TIME BASIS WITH A LIMITATION OF FUNDS AMOUNT. If the compensation is based on a "Time Basis Method" with a Limitation of Funds Amount, then the amount identified as the Work Order Amount becomes the Limitation of Funds amount which shall not be exceeded without prior written approval of the CITY. Such approval, if given by the CITY, will indicate a new Limitation of Funds amount. The CONSULTANT /CONTRACTOR shall advise the CITY whenever the CONSULTANT /CONTRACTOR has incurred expenses on this Work Order that equals or exceeds eighty percent (80 %) of the Limitation of Funds amount. The CONSULTANT /CONTRACTOR's compensation shall be based on the actual work required by this Work Order and the Labor Hour Rates established in the Master Agreement. The CITY shall make payment to the CONSULTANT /CONTRACTOR in strict accordance with the payment terms of the above - referenced Agreement. It is expressly understood by the CONSULTANT /CONTRACTOR that this Work Order, until executed by the CITY, does not authorize the performance of any services by the CONSULTANT /CONTRACTOR and that the CITY, prior to its execution of the Work Order, reserves the right to authorize a party other than the CONSULTANT /CONTRACTOR to perform the services called for under this Work Order if it is determined that to do so is in the best interest of the CITY. The CONSULTANT /CONTRACTOR shall execute this Work Order first and the CITY second. This Work Order becomes effective and binding upon execution by the CITY and not until then. A copy of this executed Work Order along with a Purchase Order will be forwarded to the CONSULTANT /CONTRACTOR at the completion of that action. It is noted that the Purchase Order Number must be indicated on all invoices germane to the Work Order. sanpur 111908 -WO 2 of 2 EXHIBIT A WORK ORDER FORM Work Order Number CPH -029 CITY OF SANFORD FLORIDA Master Agreement/Contract Number: Q11306.116R00 Dated: Contract/Project Title: SR 46 Detour Road Sewer and Force Main Relocations Solicitation No: Sanford Project No. Purchase Order No. Consultant/Contractor: CPH Emgineers, Inc. Consultant/Contractor's Business Address, Phone Number, Fax Number and E -mail Address 500 West Fulton Street, Sanford, FL 32771 Phone: 407 - 322 -6841 Fax: 407 - 330 -0639 Email Address: kbowman @cphengineers.com ATTACHMENTS TO THIS WORK ORDER METHOD OF COMPENSATION DRAWINGS /PLANS /SPECIFICATIONS X FIXED FEE BASIS X SCOPE OF SERVICES TIME BASIS -NOT TO EXCEED AMOUNT SPECIAL CONDITIONS TIME BASIS - LIMITATION OF FUNDS PRICING IINFORMATION UNIT PRICE BASIS -NOT TO EXCEED AMOUNT WO TERMS AND CONDITIONS TIME FOR COMPLETION: 365 Days of the effective date of this Work Order Effective date- this Work Order: Date of Execution by City Time for completion: The services to be provided by the Consultant/Contractor shall commence upon execution of this Work Order by the parties and shall be completed within the time frame indicated above. Failure to meet the stated completion requirement may be grounds for termination for default. Work Order Amount: Dollars Expressed in Numbers: $ $166,145.00 Dollar Amount Written Out: One hundred sixty -six thousand one hundred forty -five and 00/100 In Witness Where of, the parties hereto have made and executed this Work Order on the respective dates under each signature: The City through its City Commission taking action on the and the Consultant/Contractor by and through its duly authorized corporate officer having the full and complete authority to execute same. CONSULTANT /CONTRACTOR ATTEST: EXECUTION: (' -I ) 1, 1- �) /y, - : � //' Ld&tht Signature, Corporate Officer Sign re, Vice President Linda M. Gardner, Sec/Treasurer lb� h2wl - N. Katriina Bowman, P.E., Vice President Corporate Officer Printed Name, Title and Date Vice President Printed Name, Title and Date CITY OF SANFORD S ature, Pdichasing Manager ` 1 -4- 1- Purchasing Mana er, Printed Name and Date A6t Signature, 01y Clerk S' ature, Mayor KGl 6�•� �' -�� Jef f Tri le t, Mayor 2-13-2012 City Clerk, Print Name and Date Mayor, Printed Name and Date Revised: 1 -6 -2011