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301-CPH-Work Order-Cloud Branch Cloud Brltnch Phase 1 Drainage Improvements Page 1 of 7 WORK ORDER FOR PROFESSIONAL SERVICES, DATED: NOVEMBER 20. 2006 e' WORK ORDER NUMBER: 01/02-28-CPH SOLICITATION NUMBER: RF soa 01/02-28 ~ I\r'" t. " CONTRACT DATE AND NO: November 15. 2004: RFSOa 01/02-28 PROJECT NAME: CLOUD BRANCH PHASE 1 DRAINAGE IMPROVEMENTS (22ND ST. TO COASTLINE PARK) CONSULTANT: CPH ENGINEERS Execution of the Work Order by CITY shall serve as authorization for the CONSULTANT to provide for the above project, professional services as set out in the Scope of Services as set forth in that certain Agreement identified above between the CITY and the CONSULTANT and further delineated in the specifications, conditions and requirements stated in the following listed documents which are attached hereto and made a part hereof. ATTACHMENTS: [] DRAWINGS/PLANS/SPECIFICATIONS [x] SCOPE OF SERVICES [] CITY OF SANFORD PURCHASE ORDER The CONSULTANT shall provide said services pursuant to this Work Order, its attachments and the above-referenced Agreement, which is incorporated herein by reference as if it had been set out in its entirety. Whenever the Work Order conflicts with said Agreement, the Agreement shall prevail. TIME FOR COMPLETION: The work authorized by this Work Order shall be commenced upon issuance of a Notice to Proceed by CITY and shall be completed within three hundred sixty (360) calendar days. When so indicated by the Purchase Order, it shall serve as the notice to proceed. METHOD OF COMPENSATION: (a). This Work Order is issued on a: [Xl FIXED FEE BASIS [] TIME BASIS METHOD WITH A NOT-TO-EXCEED AMOUNT [] TIME BASIS METHOD WITH A LIMITATION OF FUNDS AMOUNT (b). If the compensation is based on a "Fixed Fee Basis," then the CONSULTANT shall perform all work required by this Work Order for the sum of one hundred forty nine thousand, six hundred and eighty two DOLLARS ($ 149,682.00). In no event shall the CONSULTANT be paid more than the Fixed Fee Amount. (c). If the compensation is based on a "Time Basis Method" with a Not-to- Cloud Bmnch Phase 1 Drainage Improvements Page 2 of 7 Exceed Amount, then the CONSULTANT shall perform all work required by this Work Order for a sum not exceeding DOLLARS ($ ). The CONSULTANT'S compensation shall be based on the actual work required by this Work Order. (d). If the compensation is based on a "Time Basis Method" with a Limitation of Funds Amount, then the CONSULTANT is not authorized to exceed the Limitation of Funds amount of DOLLARS ($ ) without prior written approval of the CITY. Such approval, if given by the CITY, shall indicate a new Limitation of Funds amount. The CONSULTANT shall advise the CITY whenever the CONSULTANT has incurred expenses on this Work Order that equals or exceeds eighty percent (80%) of the Limitation of Funds amount. The CITY shall compensate the CONSULTANT for the actual work performed under this Work Order. Payment to the CONSULTANT shall be made by the CITY in strict accordance with the payment terms of the above-referenced Agreement. It is expressly understood by the CONSULTANT that this Work Order, until executed by the CITY, does not authorize the performance of any services by the CONSULTANT and that the CITY, prior to its execution of the Work Order, reserves the right to authorize a party other than the CONSU L T ANT 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. IN WITNESS WHEREOF, the parties hereto have made and executed this Work Order on this .~I jT day of N.:vtvv\ be.r , 20 06, for the purposes stated herein. aT: ____ . ,)Ih~~ By:~uf?,P_ J; GCI?/h[M~ Corporate Secretary or W' ess COMPANY:CPH Engineers, Inc /', \ /'4~g-;-/~~~~ David A. Gierach, P.E. President Date: /J-C; J -tJ tv . ~ For use and reliance of the Sanford City Commission only. Approved as to form and legality. /s/ William L. Colbert William L. Colbert City Attorney Cloud Branch Phase 1 Drainage Improvements Page 3 of 7 SCOPE OF SERVICES CLOUD BRANCH PHASE 1 DRAINAGE IMPROVEMENTS (22ND ST. TO COASTLINE PARK) Preconstruction, Bidding and CEI Services 1.1 General 1.1.1 The CONSULTANT agrees to perform professional engineering services in connection with the project as hereinafter stated. 1.1.2 The CONSULTANT will serve as the CITY's professional engineering representative in those phases of the project to which this Scope of Services applies, and will give consultation and advice to the CITY during the performance of his services. 1.1.3 The CONSULTANT will advise and consult with the CITY concerning the construction activities and act as the CITY's representative as provided in the General Conditions of the Contract Documents concerning construction administrative matters as hereinafter described. 1.1.4 For the purposes of this Scope of Services, it is assumed construction phase services will occur over a period of 360 (three hundred sixty) days, or 330 days from the Notice to Proceed to Substantial Completion and 30 days from Substantial Completion to Final Completion, in accordance with the proposed construction contract between CITY and the Contractor. 1.1.5 The CONSULTANT shall not be responsible for the acts or omissions of the Contractor or of any the Contractor's, Sub-Contractors, Agents, Employees, or other persons performing any of the work under the construction contract, or of others. 1.2 Task 1 - Preconstruction Services 1.2.1 The CONSULTANT will provide additional surveying from pond site to railroad crossing, since the original design contract contemplated surveying only to the pond site. $10,290.00 1.2.2 At CITY's request, the CONSULTANT will design the enclosure of the existing ditch between 13th Street and 12th Street, resulting in revised crossings at 13th St., 12th St., 11 th St. $5,870.00 1.2.3 At CITY's request, the CONSULTANT will design the enclosure of the existin~ ditch between 12th Street and 11 th Street, and a revised junction structure at 121 Street. $3,010.00 1.2.4 The CONSULTANT will assist City during Land Acquisition process in order to comply with CDSG requirements, including obtaining appraisals from a Cloud Branch Phase 1 Drainage Improvements Page 4 of 7 1.2.5 1.2.6 1.2.7 1.2.8 1.2.9 1.2.10 1.2. 11 1.2. 12 1.2. 13 1.3 1.3.1 1.3.2 1.3.3 subconsultant, preparing letters to Owners and tenants, providing documentation to Seminole County CDBG staff and to the City Attorney. $7,310.00 The CONSULTANT will assist City during audit process (Cloud Branch Land Acquisition). $2,490.00 The CONSULTANT will provide structural design and details for endwalls at box culvert option (cast in place construction) $2,690.00 The CONSULTANT will provide coordination and assistance in obtaining necessary approvals of addenda and bidding documents from FDEP and Seminole County as required under the SRF and CDBG programs. $510.00 The CONSULTANT will provide bidding services consisting of preparation of the Bid Advertisement, distribution of bidding documents, answering bidder questions, and preparing addenda. $2,390.00 The CONSULTANT will provide award phase services including preparation of a bid tabulation, contacting low bidder references, reviewing bidder provided bonds and insurance certificates, preparing contract award recommendation to CITY, preparing contracts and Notice to Proceed documents for CITY execution. $1,360.00 The CONSULTANT will provide preconstruction coordination with Contractor, City, and FPL (review bid, box culvert alignment options, pole relocation options). $1,020.00 The CONSULTANT will coordinate with FDEP and the CITY to assist in compliance with the State Revolving Fund (SRF) Loan Program to maintain eligibility of project costs for financing. The CONSULTANT will provide FDEP with the Low Bidder's MBE/WBE information, documentation necessary to request for authorization to award construction contracts (including proof of advertising and public bid opening; bid tabulation, engineer's award recommendation and tentative award resolution). $750.00 The CONSULTANT will pay for the services of a real estate Acquisition Agent and Appraiser for the parcel and easement acquisitions needed for the construction of the proposed improvements. $5,187.00 Task 2 - Construction Engineering and Inspection (CEI) Services The CONSU L T ANT will distribute up to ten (10) sets of construction documents (plans and specifications) for use by CITY and Contractor during construction. $450.00 The CONSULTANT's survey crews will field stake survey control points (vertical and horizontal control) to be used by the Contractor to layout its work. $6,380.00 The CONSULTANT will check 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 Cloud Br.anch Phase 1 Drainage Improvements Page 5 of 7 overall design concept of the project and compliance with the Plans, Specifications, and other Contract Documents. $5,880.00 1.3.4 The CONSULTANT will prepare routine Change Orders as required. The CONSULTANT may, as the CITY's representative, require special inspection or testing of the work (whether or not fabricated, installed or completed). The CONSULTANT will act as interpreter of the terms and conditions of the Contract Documents and judge of the performance thereunder by the CITY and the Contractor and will make decisions on all claims of the CITY and the Contractor relating to the execution and progress of the work and all other matters and questions related thereto, but the CONSULTANT shall not be liable for the results of any such interpretations or decisions rendered by CONSULTANT in good faith. The CONSULTANT will make periodic visits to the work site to observe the progress and report to the CITY as to the amount of work complete, the overall quality of executed work, and observed impediments to the successful contract completion. 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. Based on on-site observation as an experienced and qualified design professional, the CONSULTANT will keep the CITY informed as to the progress of the work, will endeavor to guard the CITY against defects and discrepancies and will 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. CITY will provide inspection services that will supplement the estimated 4 hours per week of inspection conducted by the CONSULTANT. The CONSULTANT will rely on CITY inspectors in order to fulfill obligations described under this Section 1.3. Through on-site observations of the work in progress and field checks of installed work, materials and equipment, the CONSULTANT will endeavor to 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. The CONSULTANT will provide a record of the Contractor's activities throughout the construction, including notations on the nature and cost of any extra work or changes ordered during construction; however, the CONSULTANT is not responsible for the performance of the construction contract by the Contractor. In order to maintain a complete record of activities and changes, the CONSULTANT will rely on the CITY to provide information based on inspections conducted by the CITY. $39,310.00 1.3.5 Based on the CONSULTANT's on-site observations as an experienced and qualified design professional and review of the Contractor's applications for payment, supporting data, and information received from the CITY, the CONSULTANT will determine the amounts owing to the Contractor and recommend approval in writing of payments to the Contractor in such amounts. Cloud Branch Phase 1 Drainage Improvements Page 6 of 7 Such recommendations will constitute representations to the CITY, that are expressions of the CONSULTANT's opinion, based on such observations and review, 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 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. The CONSULTANT will prepare monthly SRF Loan Disbursement information, including the "Engineer's Certification of Loan Disbursement Request" and monthly progress reports required under the CDBG program, along with each of the Contractor's application for payment, to the CITY. $9,550.00 1.3.6 The CONSULTANT will provide inspection services which amount to approximately four (4) hours per week during construction. The CONSULTANT will provide on-site observation and inspection of installed work and work in progress, and verify Contractor compliance with plans, specifications, change orders and field directives. The CONSULTANT will observe work during execution to observe construction methods and techniques, and will 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. 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 is obligated to bring this situation to the CITY'S attention and to furnish services as may be agreed upon and to negotiate a change in the authorized fee. $21,450.00 a. The CONSULTANT will attend and represent the CITY at preconstruction, progress and project closeout meetings with the Contractor, surveyors or layout personnel and construction quality control testing personnel. The CONSULTANT will also review and monitor Contractor's construction schedule and advise CITY of any anticipated project delays and/or early completion indicated through such review and through construction progress observation. The CONSULTANT will, 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. $12,835.00 Cloud Bl'anch Phase 1 Drainage Improvements Page 7 of 7 1.3.7 The CONSULTANT will review Contractor provided record drawings/surveys 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 will coordinate with the Contractor regarding provision of the construction record drawings prior to final on-site inspections and punch list preparation. The CONSULTANT will 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. $7,560.00 1.3.8 The CONSULTANT will 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. $890.00 1.3.9 Limited geotechnical testing, in addition to testing provided by the Contractor, serving as the CITY's construction quality control, will be provided if determined to be necessary. These services would be provided by Universal Engineering Sciences. $2,500.00 PAYMENT 2.1 The dollar amounts shown under the above Task items are provided for general planning and budgeting purposes, and are not intended as binding amounts for each particular item. 2.2 Compensation paid to the CONSULTANT for the services described herein shall not exceed $149,682.00, inclusive of out-of-pocket expenses.