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1482* CPH Upsala Rd Utility RelocationsPURCHASING DEPARTMENT T RANSMITTA L MEMO RANDUM To: City Clerk RE CPH- Upsala Rd Utility Relocations- Design Permitting and Construction Phase Services CPH WO No. CPH 035 for $42,684 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 ❑ Mayor's signature ❑ �e Safe keeping (Vault Deputy ity anager ❑ Payment Bond El City City Manager Signature ® City Clerk Attest/Signature -.- -0n complet , please: C— A� Return ginals to Purchasing urn copies r AAX - at . e ,01It Special Instructions: s4e- l�eepirrg- l C C' Ap prov -4! Mari sol Ordonez L- Fro Date TADept_ forms \City Clerk Transmittal Memo - 2009.doc EXHIBIT A WORK ORDER FORM Work Order Number CPH -035 CITY OF SANFORD FLORIDA Master Agreement/Contract Number: CCNA Dated: 9/12/2011 Contract/Project Title Upsala Rd. Utility Relocations Solicitation No: RFQ 10/11 -06 Sanford Project No. Purchase Order No. Consultant/Contractor: 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 X PRICING IINFORMATION UNIT PRICE BASIS -NOT TO EXCEED AMOUNT WO TERMS AND CONDITIONS TIME FOR COMPLETION: 365 Days of the effective date to 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: $42,684.00 Dollar Amount Written Out: Forty -two thousand six hundred eighty -four and 00/100 In Witness Whereof, the parties hereto have made and executed this Work Order on the respective dates under each signature: The City as delegated through its City Manager 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: If Signature, Corporate Officer Signature, President Linda M. Gardner, Sec/Treasurer David A. Gierach, P.E., President Corporate Officer Printed Name, Title and Date Printed Name, Title and Date CITY O;NFO a u rchasing Manager F. William Smith Purchasing Manager, Printed Name and Date Signature ity Cl erW City Mana r �� �o / • ' A ey44 = Norton N. Bonaparte, Jr. City Clerk, Priht6d Name Date City Manager, Printed Name and Date Revised: 1 -6 -2011 Work Order (page 2) WORK ORDER TERMS AND CONDITIONS Execution of this Work Order by the CITY and the issuance of a notice to proceed, shall serve as authori- zation 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," as well as all other exhibits attached to that certain Agreement cited on the face of this Work Order all of which are incorporated herein by reference as if they 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 and its exhibits. If this Work Order conflicts with said Agreement or exhibits, the Agreement and exhibits shall prevail provided, however, that the CONSULTANT /CONTRACTOR shall not proceed with work until directed to do so by the CITY 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; provided, however, that the CONSULTANT /CONTRACTOR shall not proceed with work until directed to do so by the CITY 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 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. (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. (iv) UNIT PRICE BASIS WITH A NOT TO EXCEED AMOUNT. If the compensation is based on a "Unit Price Basis," then the CONSULTANT /CONTRACTOR shall perform all work required by this Work Order for the amount resulting from computing the quantity(ies) of defined units and agreed upon unit pricing to establish amount of CONTRACTOR'S compensation. All adjustments to quantities shall be approved by the Project Manager. Prior written approval by the City is required to adjust the not to exceed amount. 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. 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 WO, 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. Section1324a(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 March 15, 2012 Mr. Paul Moore, P.E. Utility Director City of Sanford Utility Dept. P.O. Box 1788 Sanford, Florida 32772 Re: Upsala Rd. Utility Relocations (St. Johns Parkway to Lockhart -Smith Canal) Design, Permitting, and Construction Phase Services CPH Project No. Z6582.00 Dear Paul: 500 West Fulton Street Sanford, Florida 32771 P.O. Box 2808 Sanford, Florida 32772 -2808 Phone: 407.322.6841 Fax: 407.330.0639 www.cphengineers.com We are pleased to present this proposal for the relocation of City owned force main, reclaimed water main, and potable water main along Upsala Rd. between St. Johns Parkway and the Lockhart-Smith Canal as required in order to accommodate construction by Seminole County. We propose to provide the services outlined in the attached Scope as follows and attached Work Order: Task No. Description Total Fee 1 Design and Permitting Services $20,849.00 2 Construction Phase Services $21,835.00 Total $42,684.00 We appreciate the opportunity to provide these services. If you have any questions regarding the project or proposed services, please do not hesitate to call. Sincerely, CPH Engineers, Inc. N. Katriina Bowman, P.E., CCS Vice President/Associate Upsala Rd. Utility Relocations Proposal to City 03 -1 S12.doc Engineers • Surveyors • Architects (AA26000926) • Planners • Landscape Architects • Environmental Scientists • Construction Management • Design /Build SCOPE OF SERVICES UPSALA RD. UTILITY RELOCATIONS (St. Johns Parkway to Lockhart-Smith Canal) March 15, 2012 CPH Engineers, Inc. Design, Permitting, 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 CITY owned force main, reclaimed water main, and potable water main along Upsala Rd. between St. Johns Parkway and the Lockhart-Smith Canal as required in order to accommodate construction of new 42" storm sewer pipeline and inlets that will be constructed by Seminole County to alleviate localized flooding. 2.1 Task 1 - Design and Permitting Services 2.1.1 The CONSULTANT shall field review the route and survey provided by the County to assess construction areas. 2.1.2 The CONSULTANT shall prepare preliminary plans consisting of a plan view of the proposed utility relocations, plus proposed valves and connection points and shall prepare a Preliminary Opinion of Probable Construction Cost (POPCC). 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. 2.1.4 The CONSULTANT shall prepare construction plans (1140 linear feet route) that will be approximately 90% complete. The construction plans to be prepared under this Scope of Services include: Cover Sheet Summary of Quantities Scope of Services - Upsala Rd. Utility Relocations 03- 15- 12.doc Page 1 of 6 SCOPE OF SERVICES Upsala Rd. Utility Relocations (St. Johns Parkway to Lockhart-Smith Canal) Design, Permitting, and Construction Phase Services March 15, 2012 Survey Sheets (Using Survey Provided by the County) Key Sheet and General Notes Plan and Profile (3 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 and update the POPCC by preparing an Opinion of Probable Construction Cost (OPCC). 2.1.6 The CONSULTANT shall submit three (3) sets of the 90% plans, Project Manual, and the OPCC to the CITY, and shall meet with the CITY to review the plans, Project Manual, and OPCC and shall make revisions based on CITY review. 2.1.7 The CONSULTANT shall meet with the Seminole Co. R/W Coordinator to review the proposed construction. 2.1.8 The CONSULTANT shall fill out and submit the permit applications and plans to the Florida Department of Environmental Protection (FDEP), and Seminole County. Included in this cost is the FDEP permit application fee ($250), which will be paid to FDEP by the CONSULTANT on behalf of the CITY. 2.1.9 The CONSULTANT shall revise the plans, specifications, Project Manual and OPCC based on CITY, County, FDEP, and FDOT comments, submit three (3) copies of the plans and OPCC to the CITY, assist the CITY during the Bid Phase of the project consisting of preparing written responses to bidder questions forwarded by the CITY; issuing to the CITY clarifications as needed to clarify the design; and preparing draft addenda items for the CITY's use. 2.1.10 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. 2.3 Task 3 - Construction Phase Services 2.3.1 The CONSULTANT shall prepare the agenda, coordinate and attend the preconstruction meeting, and issue meeting notes. 2.3.2 The CONSULTANT shall attend Progress Meetings during construction. This Scope is based on attending at total of 2 Progress Meetings. Note it is Scope of Services - Upsala Rd. Utility Relocations 03- 15- 12.doc Page 2 of 6 SCOPE OF SERVICES Upsala Rd. Utility Relocations (St. Johns Parkway to Lockhart -Smith Canal) Design, Permitting, and Construction Phase Services March 15, 2012 anticipated the overall field construction shall take approximately eight (8) weeks, and the overall construction Contract Time will be approximately twelve (12) weeks between the Notice to Proceed and construction closeout. 2.3.3 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. 2.3.4 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 CITY and evaluate applications for payment based upon generally acceptable practices and principles. 2.3.5 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 Scope of Services - Upsala Rd. Utility Relocations 03- 15- 12.doc Page 3 of 6 SCOPE OF SERVICES Upsala Rd. Utility Relocations (St. Johns Parkway to Lockhart-Smith Canal) Design, Permitting, and Construction Phase Services March 15, 2012 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. 2.3.6 Throughout construction, the CONSULTANT shall provide inspection services which amount to approximately 5 hours per week for 8 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 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, Scope of Services - Upsala Rd. Utility Relocations 03- 15- 12.doc Page 4 of 6 SCOPE OF SERVICES Upsala Rd. Utility Relocations (St. Johns Parkway to Lockhart -Smith Canal) Design, Permitting, and Construction Phase Services March 15, 2012 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. 2.3.7 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. 2.3.8 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. 2.3.9 The CONSULTANT shall prepare statements of completion (qualified if necessary) certifying completion of the work, and submit statements in accordance with the Contract Documents, regulatory agencies and CITY requirements. 2.3.10 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. 2.3.11 The CONSULTANT recognizes its obligation to report to the CITY all design errors or omissions that may be discovered during construction. Scope of Services - Upsala Rd. Utility Relocations 03- 15- 12.doc Page 5 of 6 SCOPE OF SERVICES Upsala Rd. Utility Relocations (St. Johns Parkway to Lockhart-Smith Canal) Design, Permitting, and Construction Phase Services March 15, 2012 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. Geotechnical subconsultant services 4. Survey of Ordinary High Water /Mean High Water 5. Environmental wetlands / ecological services 6. Construction Layout 7. Underground Utility Designation /Location Scope of Services - Upsala Rd. Utility Relocations 03- 15- 12.doc Page 6 of 6 SCOPE OF SERVICES UPSALA RD. UTILITY RELOCATIONS (St. Johns Parkway to Lockhart -Smith Canal) March 15, 2012 CPH Engineers, Inc. Design, Permitting, 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 CITY owned force main, reclaimed water main, and potable water main along Upsala Rd. between St. Johns Parkway and the Lockhart-Smith Canal as required in order to accommodate construction of new 42" storm sewer pipeline and inlets that will be constructed by Seminole County to alleviate localized flooding. 2.1 Task 1 - Design and Permitting Services 2.1.1 The CONSULTANT shall field review the route and survey provided by the County to assess construction areas. 2.1.2 The CONSULTANT shall prepare preliminary plans consisting of a plan view of the proposed utility relocations, plus proposed valves and connection points and shall prepare a Preliminary Opinion of Probable Construction Cost (POPCC). 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. 2.1.4 The CONSULTANT shall prepare construction plans (1140 linear feet route) that will be approximately 90% complete. The construction plans to be prepared under this Scope of Services include: Cover Sheet Summary of Quantities Scope of Services - Upsala Rd. Utility Relocations 03- 15- 12.doc Page 1 of 6 SCOPE OF SERVICES Upsala Rd. Utility Relocations (St. Johns Parkway to Lockhart-Smith Canal) Design, Permitting, and Construction Phase Services March 15, 2012 Survey Sheets (Using Survey Provided by the County) Key Sheet and General Notes Plan and Profile (3 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 and update the POPCC by preparing an Opinion of Probable Construction Cost (OPCC). 2.1.6 The CONSULTANT shall submit three (3) sets of the 90% plans, Project Manual, and the OPCC to the CITY, and shall meet with the CITY to review the plans, Project Manual, and OPCC and shall make revisions based on CITY review. 2.1.7 The CONSULTANT shall meet with the Seminole Co. RM Coordinator to review the proposed construction. 2.1.8 The CONSULTANT shall fill out and submit the permit applications and plans to the Florida Department of Environmental Protection (FDEP), and Seminole County. Included in this cost is the FDEP permit application fee ($250), which will be paid to FDEP by the CONSULTANT on behalf of the CITY. 2.1.9 The CONSULTANT shall revise the plans, specifications, Project Manual and OPCC based on CITY, County, FDEP, and FDOT comments, submit three (3) copies of the plans and OPCC to the CITY, assist the CITY during the Bid Phase of the project consisting of preparing written responses to bidder questions forwarded by the CITY; issuing to the CITY clarifications as needed to clarify the design; and preparing draft addenda items for the CITY's use. 2.1.10 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. 2.3 Task 3 - Construction Phase Services 2.3.1 The CONSULTANT shall prepare the agenda, coordinate and attend the preconstruction meeting, and issue meeting notes. 2.3.2 The CONSULTANT shall attend Progress Meetings during construction. This Scope is based on attending at total of 2 Progress Meetings. Note it is Scope of Services - Upsala Rd. Utility Relocations 03- 15- 12.doc Page 2 of 6 SCOPE OF SERVICES Upsala Rd. Utility Relocations (St. Johns Parkway to Lockhart-Smith Canal) Design, Permitting, and Construction Phase Services March 15, 2012 anticipated the overall field construction shall take approximately eight (8) weeks, and the overall construction Contract Time will be approximately twelve (12) weeks between the Notice to Proceed and construction closeout. 2.3.3 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. 2.3.4 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 CITY and evaluate applications for payment based upon generally acceptable practices and principles. 2.3.5 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 Scope of Services - Upsala Rd. Utility Relocations 03- 15- 12.doc Page 3 of 6 SCOPE OF SERVICES Upsala Rd. Utility Relocations (St. Johns Parkway to Lockhart-Smith Canal) Design, Permitting, and Construction Phase Services March 15, 2012 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. 2.3.6 Throughout construction, the CONSULTANT shall provide inspection services which amount to approximately 5 hours per week for 8 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 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, Scope of Services - Upsala Rd. Utility Relocations 03- 15- 12.doc Page 4of6 SCOPE OF SERVICES Upsala Rd. Utility Relocations (St. Johns Parkway to Lockhart-Smith Canal) Design, Permitting, and Construction Phase Services March 15, 2012 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. 2.3.7 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. 2.3.8 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. 2.3.9 The CONSULTANT shall prepare statements of completion (qualified if necessary) certifying completion of the work, and submit statements in accordance with the Contract Documents, regulatory agencies and CITY requirements. 2.3.10 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. 2.3.11 The CONSULTANT recognizes its obligation to report to the CITY all design errors or omissions that may be discovered during construction. Scope of Services - Upsala Rd. Utility Relocations 03- 15- 12.doc Page 5 of 6 SCOPE OF SERVICES Upsala Rd. Utility Relocations (St. Johns Parkway to Lockhart-Smith Canal) Design, Permitting, and Construction Phase Services March 15, 2012 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. Geotechnical subconsultant services 4. Survey of Ordinary High Water /Mean High Water 5. Environmental wetlands / ecological services 6. Construction Layout 7. Underground Utility Designation /Location Scope of Services - Upsala Rd. Utility Relocations 03- 15- 12.doc Page 6 of 6