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1610 - GAI Consultants - Cloud Branch Dainage PH III 12/13-16(Co iD Thursday, September 26, 2013 PURCHASING DEPARTMENT TRANSMITTAL MEMORANDUM To: City Clerk RE: GAI Consultant RFQ 12/13 -16 Cloud Branch Drainage Phase III The item(s) noted below is /are attached and forwarded to your office for the following action(s): ❑ Development Order ❑ Mayor's signature ❑ Final Plat (original mylars) ❑ Recording ❑ Letter of Credit ❑ Rendering ❑ Maintenance Bond ® Safe keeping (Vault) ❑ Ordinance ❑ Deputy City Manager ❑ Performance Bond ❑ Payment Bond ❑ Resolution ❑ City Manager Signature ❑ ❑ City Clerk Attest /Signature Once completed, please: ❑ Return originals to Purchasing ❑ Return copies El Special Instructions: MoIrLl. t Ord 4 e From T: \Dept_forms \City Clerk Transmittal Memo - 2009.doe �-- -2—�G3 Date �a n I to C. U-1 I City Of Sanford Agreement With GAI Consultants For The Provision Of Professional Services This Agreement is made and entered into on the dates set forth below by and between the: City of Sanford, whose address is 300 North Park Avenue; Sanford, Florida 32771; a municipal corporation of the State of Florida, holding tax exempt status, hereinafter referred to as the "City," and GAI Consultants a Florida corporation authorized to do business in the State of Florida, whose address is 618 East South Street, Suite 700, Orlando, FL 32801, sometimeshereinafter referred to as the "Consultant ". The City and the Consultant are collectively referred to herein as the "parties ". Witnesseth: Whereas, the City desires to retain the Consultant for the work identified in various Work Orders for various and diverse projects of the City relative to the provision of Engineering and Design Services to be performed pre, during and post construction applicable to the Cloud Branch Drainage Phase III Project, RFQ 12/13 -16; and Whereas, the Consultant hereby warrants and represents to the City that it is competent and otherwise able to provide professional and high quality services to the City; and Whereas, the Consultant hereby warrants and represents to the City that it is ready, willing and able to provide services for projects requiring the provision of Engineering and Design Services in order to meet the needs and requirements of the City with regard to those matters and related work; and Whereas, the references to the provisions of services to the City may include the provision of goods and the term "Work Order' shall include the term "Purchase Order' herein when the context and actions of the parties so require; and Whereas, this Agreement is subject to the provisions of the Consultants Competitive Negotiations Act and shall be guided and regulated by that controlling State law in every respect and in every nature, Now, Therefore, in consideration of the mutual covenants and agreements hereinafter contained and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, it is agreed by and between the parties hereto as follows: Section 1: Definitions. Ad valorem - In proportion to the estimated value of the goods taxed. Page 1 of 26 �o ,Iii Agreement — This document and all subsequent work orders or related contractual documents between the City and Consultant. Billing Period — The period of time between project commencement to the close of the current period, (inclusive); or from the close of the previous billing period, (exclusive), to the close of the current period, usually concurrent with the month. In no case shall this period be less than one calendar month except for the final Billing Period. Bona Fide - Made or carried out in good faith; sincere. City — The City of Sanford, a municipal corporation of the State of Florida holding tax exempt status. Consultant - To include all principals of the Consultant including, but not limited to, full and part time employees, professional or otherwise, and all other agents employed by or for Consultant to perform its obligations hereunder. Description of Services - Shall be written in paragraph form resonably describing those services the City can expect the Consultant to provide. The description shall be written in such a manner that the type of service is clearly provided, but broad enough that all services reasonably expected of the Consultant, including services provided by partners, subconsultants, and other supporting professionals, can be provided to the City. Designated Representative — A person who administers, reviews, and coordinates the provision of services. This definition applies equally to the City and to the Consultant. Force Maley re - Force Majeure shall include, but not be limited to, hostility, revolution, civil commotion, strike, epidemic, fire, flood, wind, earthquake, explosion, any law, proclamation, regulation, or ordinance or other act of government, or any act of God or any cause whether of the same or different nature, existing or future; provided that the cause whether or not enumerated in this Agreement is beyond the control and without the fault or negligence of the party seeking relief under this Agreement. In the context of this Agreement, force majeure shall not prevent the Consultant from perfroming , or provide an execuse for non - performance, if those matters relate to the hurricane or similar storm or event to which the services of the Consultant are to relate in the first instance, Law - Said phrase shall include statutes, codes, rules, and regulations of whatsoever type or nature enacted or adopted by a governmental entity of competent jurisdiction. Pari Materia — of the same matter; on the same subject. Laws pari materia must be construed with reference to each other /together when related to the same matter or subject. The provisions of a contract/agreement are to be construed together with no isolated construction of a particular provision such that it would defeat the overall intent of the contract/agreement. Submittals — Any item required by this Agreement that the Consultant must provide the Page 2 of 26 City either for inclusion as part of this Agreement or not. Work Order - A detailed description of quantities, services, and a completion schedule provided on a City prescribed form describing all work associated with the service to be provided by the Consultant to the City for an agreed price referencing this agreement by title and date. Section 2: Captions /Findings. The Section headings and captions of this Agreement are for convenience and reference only and in no way define, limit, describe the scope or intent of this Agreement or any part thereof, or in any way affect this Agreement or construe any provision of this Agreement. Section 3: Extent Of Agreement /Integration /Amendment. (a) This Agreement, together with the exhibits, if any, constitute the entire integrated Agreement between the City and the Consultant and supersedes all prior written or oral understandings in connection therewith. This Agreement, and all the terms and provisions contained herein, including without limitation the exhibits, regardless as to whether they are attached, constitute the full and complete agreement between the parties hereto to the date hereof, and supersedes and controls over any and all prior agreements, understandings, representations, correspondence, and statements, whether written or oral. The provisions of the Consultant's response and submissions thereto are exhibits to this Agreement and are deemed to be set forth herein as if fully set forth herein verbatim regardless of whether or not attached hereto. (b) This Agreement may only be amended, supplemented, or modified by a formal written amendment. (c) Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties. Section 4: No General City Obligation. (a) In no event shall any obligation of the City under this Agreement be or constitute a general obligation or indebtedness of the City, a pledge of the ad valorem taxing power of the City or a general obligation or indebtedness of the City within the meaning of the Constitution of the State of Florida or any other applicable laws, but shall be payable solely from legally available revenues and funds. Page 3 of 26 (b) The Consultant shall not have the right to compel the exercise of the ad valorem taxing power of the City. The Consultant shall not have the right to compel the City to submit any grant application or any application for approval to any entity regardless of whether public or private. Section 5: Consultant Understanding Of Services Required. (a) Execution of this Agreement by the Consultant is a representation that the Consultant is familiar with local conditions and with the services to be performed. The Consultant shall make no claim for additional time or money based upon its failure to comply with this Agreement. The Consultant has informed the City, and hereby represents to the City, that it has extensive experience in performing and providing the services and /or goods described in this Agreement and to be identified in the Work Orders, and that it is well acquainted with the components that are properly and customarily included within such projects and the requirements of laws, ordinances, rules, regulations, or orders of any public authority or licensing entity having jurisdiction over City projects. Execution of a Work Order shall be an affirmative and irrefutable representation by the Consultant to the City that the Consultant is fully familiar with any and all requisite work conditions of the provisions of the services. The Consultant represents that all submissions to the City are true and correct and that the Consultant has, and shall maintain, the expertise and ability to provide services to the City as needed and as outlined in the documents incorporated herein. (b) The recitals herein are true and correct and form and constitute a material part of this Agreement upon which the parties have relied. (c) It is agreed that nothing herein contained is intended or should be construed as in any manner creating or establishing a relationship of co- partners between the parties, or as constituting the Consultant (including, but not limited to, its officers, employees, and agents) the agent, representative, or employee of the City for any purpose, or in any manner, whatsoever. The Consultant is to be and shall remain forever an independent Consultant with respect to all services performed under this Agreement. (d) Persons employed by the Consultant in the provision and performance of the services and functions pursuant to this Agreement shall have no claim to pension, workers' compensation, unemployment compensation, civil service or other employee rights or privileges granted to the City's officers and employees either by operation of law or by the City. Section 6: General Provisions. (a) Each party hereto represents to the other that it has undertaken all necessary actions to execute this Agreement, and that it has the legal Page 4 of 26 authority to enter into this Agreement, and to undertake all obligations imposed on it. The persons executing this Agreement for the Consultant certify that they are authorized to bind the Consultant fully to the terms of this Agreement. (b) This Agreement is for projects relating to the provision of engineering services in order to meet the needs and requirements of the City with regard to those matters and related work as needed to support the City's operations, programs and projects as set forth herein and as otherwise directed by the City. (c) The Consultant acknowledges that the City may retain other Consultants to provide the same types of services for City projects. The City reserves the right to select which Consultant shall provide services for City projects. (d) The Consultant acknowledges that the City has retained other Consultants and the coordination between said Consultants and the Consultant may be necessary from time -to -time for the successful completion of each Work Order. The Consultant agrees to provide such coordination as necessary within the Scope of Services of each Work Order. (e) The Consultant agrees to provide and ensure coordination between goods/ services providers. (f) Time is of the essence of the lawful performance of the duties and obligations contained in this Agreement to include, but not be limited to, each Work Order. The parties covenant and agree that they shall diligently and expeditiously pursue their respective obligations set forth in this Agreement and each Work Order. (g) Consultant will maintain an adequate and competent staff or professionally qualified persons throughout the performance of this Agreement to ensure acceptable and timely completion of each Work Order. (h) Requirements for signing and sealing plans, reports, and documents prepared by the Consultant shall be governed by the laws and regulations of Seminole County and State and Federal regulatory agencies. (i) The Consultant hereby guarantees the City that all material, supplies, services, and equipment as listed on a Purchase Order meet the requirements, specifications, and standards as provided for under the Federal Occupations Safety and Health Act of 1970, as from time -to -time amended and in force on the date hereof. Q) No claim for services furnished by the Consultant not specifically provided for herein shall be honored by the City. Page 5 of 26 Section 7: Codes And Design Standards. (a) All the services to be provided or performed by the Consultant shall in the minimum be in conformance with commonly accepted industry and professional codes and standards, standards of the City, and the laws of any Federal, State, or local regulatory agencies. (b) The Consultant shall be responsible for keeping apprised of any changing laws applicable to the services to be performed under this Agreement. Section 8: SubConsultants. (a) Any Consultant proposed subConsultants shall be submitted to the City for written approval prior to the Consultant entering into a subcontract. SubConsultant information shall include, but not be limited to, State registrations, business address, local business tax proof of payment, and insurance certifications. (b) The Consultant shall coordinate the provision of services and work product of any City approved subConsultant and remain fully responsible for such services and work under the terms of this Agreement. (c) Any subcontract shall be in writing and shall incorporate this Agreement and require the subConsultants to assume performance of the Consultant duties commensurately with the Consultant's duties to the City under this Agreement, it being understood that nothing herein shall in any way relieve the Consultant from any of its duties under this Agreement. The Consultant shall provide the City with executed copies of all subcontracts. Section 9: Assignability. The Consultant shall not sublet, assign, ortransfer any interest in this Agreement, or claims for the money due or to become due out of this Agreement to a bank, trust company, or other financial institution without written City approval. When approved by the City, written notice of such assignment or transfer shall be furnished promptly to the City. Section 10: Commencement/Implementation Schedule Of Agreement. (a) The Consultant shall commence the provision of services as described in this Agreement immediately upon execution of this Agreement and upon the execution of a Work Order. The City may seek other firms to provide the same services. (b) The Consultant and the City agree to make every effort to adhere to the schedules established for the various Work Orders as described in each Work Order. However, if the Consultant is delayed at any time in the Page 6 of 26 provision of services by any act or omission of the City, or of any employee of the City, or by any other Consultant employed by the City, or by changes ordered by the City, or by strikes, lock outs, fire, unusual delay in transportation, unavoidable casualties, or any other allowable cause of force majeure, as may be permitted under this Agreement, and not resulting from the inactions or actions of the Consultant and beyond the Consultant's control which would not reasonably be expected to occur in connection with or during performance or provision of the services, or by delay authorized by the City pending a decision, or by any cause which the City shall decide to justify the delay, the time of completion shall be extended for such reasonable time as the City may decide in its sole and absolute discretion. It is further expressly understood and agreed that the Consultant shall not be entitled to any damages or compensation, or be reimbursed for any losses on account of any delay or delays resulting from any of the aforesaid causes or any other cause whatsoever. Section 11: Length Of Agreement. (a) Unless terminated, this Agreement shall be in effect until September 30, 2012 and shall automatically renew, thereafter, for one -year periods unless action to terminate this Agreement is taken by a party consistent with the provisions of this Agreement. (b) Should the City wish to not have this Agreement automatically renewed, the City shall provide written notice to the Consultant thirty days prior to the automatic renewal subject; however, to the completion of all pending Work Orders. The City's decision whether or not to renew this Agreement is a decision in which the City is vested with full and plenary discretion and authority. Section 12: Description Of Services. (a). The Consultant agrees to provide engineering services in accordance with Work Orders and other directions consistent with this Agreement issued by the City to the Consultant from time -to -time. The Consultant shall provide to the City all labor, services, equipment, materials, and supplies necessary to accomplish the provision of the services set forth herein. (b) The Consultant shall provide professional services to and for the benefit of the City in support of its projects in order to meet the needs and requirements of the City with regard to those matters and related work. Section 13: Consultant Responsibilities. (a) The Consultant shall be responsible for the professional quality, accepted standards, technical accuracy and the coordination of all services furnished Page 7 of 26 by the Consultant under this Agreement as well as the conduct of its staff, personnel, employees, and agents. The Consultant shall work closely with the City on all aspects of the provision of the services. With respect to services, the Consultant shall be responsible for the quality, technical accuracy, competence, methodology, accuracy, and the coordination of all of the following which are listed for illustration purposes and not as a limitation: documents, analysis, reports, data, plans, plats, maps, surveys, specifications, and any and all other services of whatever type or nature furnished by the Consultant under this Agreement. The Consultant shall, without additional compensation, correct or revise any errors or deficiencies in its plans, analysis, data, reports, designs, drawings, specifications, and any and all other services of whatever type or nature. (c) The Consultant shall furnish a Consultant Designated Representative to administer, review, and coordinate the provision of services under each Work Order as well as the services required by the City as a general matter. (d) Neither City review, approval, or acceptance of, nor payment for, any of the services required under this Agreement shall be construed to operate as a waiver of any rights or of any cause of action arising out of the performance of this Agreement. The Consultant shall be and shall remain liable to the City in accordance with applicable law for all damages to the City caused by the Consultant's negligent or improper performance or failure to perform any of the services furnished under this Agreement. (d) The rights and remedies of the Consultant provided for under this Agreement, are in addition to any other rights and remedies provided by law. (e) In the event the Consultant fails to comply with the terms and conditions of this Agreement, the City shall notify the Consultant's Designated Representative in writing so that the Consultant may take remedial action. (e) Time is of the essence in the performance of all services provided by the Consultant under the terms of this Agreement and each and every Work Order. Section 14: City Rights And Responsibilities. (a) The City shall reasonably cooperate with the Consultant in a timely fashion at no cost to the Consultant as set forth in this Section. (b) The City shall furnish a City Designated Representative to administer, review, and coordinate the provision of services under each Work Order. (c) The City shall make City personnel available where, in the City's opinion, they are required and necessary to assist the Consultant. The availability Page 8 of 26 and necessity of said personnel to assist the Consultant shall be determined solely at the discretion of the City. (d) The City shall furnish the Consultant with existing data, records, maps, plans, specifications, reports, fiscal data, and other engineering information that is available in the City's files that is necessary or useful to the Consultant for the performance of the Work. All such documents conveyed by the City shall be, and remain the property of, the City and shall be returned to the City upon completion of the Work to be performed by the Consultant. (e) The City shall, if it so desires, examine all Consultant reports, sketches, drawing, estimates, proposals, and other documents presented to the City and indicate the City's approval or disapproval within a reasonable time so as not to materially delay the provisions of the services of the Consultant. (f) The City shall provide access to and make provisions for the Consultant to enter upon public and private lands as required for the Consultant within a reasonable time to perform work as necessary to complete the Work Order. (g) The City shall transmit instructions, relevant information, and provide interpretation and definition of City policies and decisions with respect to any and all materials and other matters pertinent to the services covered by this Agreement. (h) The City shall give written notice to the Consultant whenever the City's Designated Representative knows of a development that affects the services provided and performed under this Agreement, timing of the Consultant's provision of services, or a defect or change necessary in the services of the Consultant. (i) The rights and remedies of the City provided for under this Agreement are in addition to any other rights and remedies provided by law; the City may assert its right of recovery by any appropriate means including, but not limited to, set -off, suit, withholding, recoupment, or counterclaim, either during or after performance of this Agreement. (j) The City shall be entitled to recover any and all legal costs including, but not limited to, attorney fees and other legal costs that it may incur in any legal actions it may pursue in the enforcement of the terms and conditions of this Agreement or the responsibilities of the Consultant in carrying out the duties and responsibilities deriving from this Agreement. (k) The failure of the City to insist in any instance upon the strict performance of any provision of this Agreement, or to 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. Page 9 of 26 (1) Neither the City's review, approval or acceptance of, nor payment for, any of the services required shall be construed to operate as a waiver of any rights under this Agreement nor or any cause of action arising out of the performance of this Agreement and the Consultant shall be and always remain liable to the City in accordance with applicable law for any and all damages to the City caused by the Consultant's negligent or wrongful provision or performance of any of the services furnished under this Agreement. (m) All deliverable analysis, reference data, survey data, plans and reports, or any other form of written instrument or document that may result from the Consutant's services or have been created during the course of the Consultant's performance under this Agreement shall become the property of the City after final payment is made to the Consultant. (n) In the event the City fails to comply with the terms and conditions of this Agreement, the Consultant shall notify the City's Designated Representative in writing so that the City may take remedial action. Section 15: Waiver. The failure of the City to insist in any instance upon the strict performance of any provision of this Agreement, or to 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. Section 16: Force Majeure. Neither party shall be considered in default in performance of its obligations hereunder to the extent that performance of such obligations, or any of them, is delayed or prevented by force majeure. The principle of force majeure is limited in this Agreement as otherwise noted in this Agreement. Section 17: Standards Of Conduct. (a) The Consultant warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant, to solicit or secure this Agreement and that the Consultant has not paid or agreed to pay any person, company, corporation, individual, or firm other than a bona fide employee working solely for the Consultant, any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award of making this Agreement. (b) If the City determines that any employee or representative of the Consultant is not satisfactorily performing his or her assigned duties or is demonstrating Page 10 of 26 improper conduct pursuant to any assignment or work performed under this Agreement, the City shall so notify the Consultant, in writing. The Consultant shall immediately remove such employee or representative of the Consultant from such assignment. (c) The Consultant hereby certifies (in this writing) that no undisclosed conflict of interest exists with respect to the Agreement, including, but not limited to, any conflicts that may be due to representation of other clients, customers or vendees, other contractual relationships of the Consultant, or any interest in property that the Consultant may have. The Consultant further certifies that any conflict of interest that arises during the term of this Agreement shall be immediately disclosed in writing to the City. Violation of this Section shall be considered as justification for immediate termination of this Agreement. (d) The Consultant shall not engage in any action that would create a conflict of interest for any City employee or other person during the course of performance of, or otherwise related to, this Agreement or which would violate or cause others to violate the provisions of Part III, Chapter 112, Florida Statutes, relating to ethics in government. (e) The City will not intentionally award publicly- funded contracts to any Consultant who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) Section 274A(e) of the Immigration and NationallyAct (INA)]. The City shall consider the employment by the Consultant of unauthorized aliens, a violation of Section 274A (e) of the INA. Such violation by the Consultant of the employment provisions contained in Section 274A (e) of the INA shall be grounds for immediate termination of this Agreement by the City. The Consultant shall maintain an ongoing and thorough employment practice to ensure that illegal aliens are not employed by the Consultant. (f) The Consultant shall comply with the requirements of the Americans with Disabilities Act (ADA), and any and all related Federal or State laws which prohibits discrimination by public and private entities on the basis of disability. (g) The Consultant shall not discriminate on the grounds of race, color, religion, sex, or national origin in the performance of work under this Agreement or violate any laws pertaining to civil rights, equal protection, or discrimination. (h) If the Consultant or an affiliate is placed on a discriminatory vendor list, such action may result in termination by the City. The Consultant shall certify, upon request by the City that it is qualified to submit a bid under Section 287.134 (2) (c), Florida Statutes, relating to public entity crimes. Page 11 of 26 (i) If the Consultant or an affiliate is placed on the convicted vendor list following a conviction for a public entity crime, such action may result in termination by the City. The Consultant shall certify, upon request by the City, that is qualified to submit a bid under Section 287.133(2)(a), Florida Statutes, relating to public entity crimes. (j) The Consultant shall certify, upon request by the City, that the Consultant maintains a drug free workplace policy in accordance with Section 287.0878, Florida Statutes. Failure to submit this certification may result in termination. (k) The Consultant agrees to comply with Federal, State, and local environmental, health, and safety laws and regulations applicable to the services provided to the City. The Consultant agrees that any program or initiative involving the work that could adversely affect any personnel involved, citizens, residents, users, neighbors or the surrounding environment will ensure compliance with any and all employment safety, environmental and health laws. (1) If applicable, in accordance with Section 216.347, Florida Statutes, the Consultant shall not use funds provided by this Agreement forthe purpose of lobbying the Legislature, the Judicial Branch, or State agency. (m) The Consultant shall not publish any documents or release information regarding this Agreement to the media without prior approval of the City. (n) The Consultant shall ensure that all services are provided to the City after the Consultant has obtained, at its sole and exclusive expense, any and all permits, licenses, permissions, approvals or similar consents. (o) The Consultant shall ensure that all taxes due from the Consultant are paid in a timely and complete manner including, but not limited to, the City's local business tax. Section 18: Notices. (a) Whenever either party desires to give notice unto the other, it must be given by written notice, sent by registered United States mail, with return receipt requested, addressed to the party for whom it is intended, at the place last specified, and the place for giving of notice shall remain such until it shall have been changed by written notice in compliance with the provisions of this Section. (b) For the present, the parties designate the following as the representative places for giving of notice, to -wit: (1) For the City: Page 12 of 26 City Manager 300 North Park Avenue Sanford, Florida 32771 With a copy to: Purchasing Manager 300 North Park Avenue Sanford, Florida 32771 (2) For the Consultant: � o � (c) Written notice requirements of this Agreement shall be strictly construed and such requirements are a condition precedent to pursuing any rights or remedies hereunder. The Consultant agrees not to claim any waiver by City of such notice requirements based upon City having actual knowledge, implied, verbal or constructive notice, lack of prejudice, or any other grounds as a substitute for the failure of the Consultant to comply with the express written notice requirements herein. Computer notification (e -mails and message boards) shall not constitute properwritten notice underthe terms of the Agreement. Section 19: Designated Representatives. (a) The City Manager or the Designated Representative represents the City in all matters pertaining to and arising from the work and the performance of this Agreement. (b) The City Manager or the Designated Representative shall have the following responsibilities: (1) Examination of all work and rendering, in writing, decisions indicating the City's approval or disapproval within a reasonable time so as not to materially delay the work of the Consultant; (2) Transmission of instructions, receipt of information, and interpretation and definition of City's policies and decisions with respect to design, materials, and other matters pertinent to the work covered by this Agreement; Page 13 of 26 (3) Giving prompt written notice to the Consultant whenever the City knows of a defect or change necessary in the project; and (c) Until further written notice, the City's Designated Representative for this Agreement is: Robert Beall, Project Manager City of Sanford 300 North Park Avenue Sanford, Florida 32771 Phone: 407.688.5000 ext 5423 Email: Robert.beall @sanfordfl.gov (d) Until further written notice, the Consultant's Designated Representative for this Agreement is: • S0,21 11110 Section 20: Work Orders. (a) The provision of services to be performed under this Agreement may commence upon the issuance of a Work Order from the City to the Consultant. Each Work Order shall reference this agreement by title and date, include a detailed description of quantities, services, and a completion schedule, and will be provided on Consultant letterhead. Services described in said Work Order will commence upon the issuance of a City Notice -To- Proceed. After the fact Work Orders may be issued to document work that is accomplished in truly exigent circumstances, but the presumption under this Agreement shall be that there is adequate time to formalize work assignments. (b) The services required to be performed by a Work Order shall clearly defined, the Work Order and shall be issued on a "Fixed Fee" basis. The Consultant shall perform all services required by the Work Order but in no event shall the Consultant be paid more than the negotiated Fixed Fee amount stated therein. (c) The Consultant agrees to adhere to the schedules established in the various Work Orders issued under this Agreement. Page 14 of 26 (e) The Consultant may invoice the amount due based on the percentage of total work Order services actually performed and completed; but in no event shall the invoice amount exceed a percentage of the Fixed Fee amount equal to a percentage of the total services actually completed. (f) The parties may negotiate other forms of compensation aside from the fixed fee basis if the parties find such method to be necessary and desirable based upon the particular project. Section 21: Change Orders. (a) The City may revise the Description of Services set forth in any particular Work Order. (b) Revisions to any Work Order shall be authorized in writing by the City as a Change Order. Each Change Order shall include a schedule of completion for the services authorized. Change Orders shall identify this Agreement and the appropriate Work Order number. The Change Orders may contain additional instructions or provisions specific upon certain aspects of this Agreement pertinent to the services to be provided. Such supplemental instructions or provisions shall not be construed as a modification of this Agreement. An Agreement between the parties on and execution of any Change Order shall constitute a final settlement and a full accord and satisfaction of all matters relating to the change and to the impact of the change on unchanged goods and /or work, including all direct and indirect costs of whatever nature, and all adjustments to the Consultant schedule. (c) If instructed by the City, the Consultant shall change or revise work that has been performed, and if such work is not required as a result of error, omission or negligence of the Consultant, the Consultant may be entitled to additional compensation. The Consultant must submit for City approval a revised proposal with a revised fee quotation. Additional compensation, if any, shall be agreed upon before commencement of any such additional work and shall be incorporated into the work by Change Order to the Work Order. Section 22: Compensation. (a). Compensation to the Consultant for the services performed on each Work Order shall be as set forth the Work Order /Change Order. The unit rates of compensation shall be as agreed to by the parties. With regard to services or goods that are not specifically agreed upon at the time that this Agreement is entered by the parties, the City and the Consultant shall negotiate pricing. (b) The City shall not pay for reimbursable items such as gas, tolls, mileage, meals, etc. and other items not directly attritbutable to items produced for Page 15 of 26 each Work Order. (c) Work performed by the Consultant without written approval by the City's Designated Representative shall not be compensated. Any work performed by the Consultant without approval by the City is performed at the Consultant's own election. (d) In the event the City fails to provide compensation under the terms and conditions of this Agreement, the Consultant shall notify the City's Designated Representative in order that the City may take remedial action. (f) The Consultant hereby grants the City Most Favored Nation status such that the Consultant shall never charge the City for a service an amount which exceeds the lowest price that it provides the same service to another city or county in Florida. Section 23: Invoice Process. (a) Payments shall be made by the City to the Consultant when requested as work progresses for services furnished, but not more than once monthly. Each Work Order shall be invoiced separately. The Consultant shall render to the City, at the close of each calendar month, an itemized invoice properly dated, describing all services rendered, the cost of the services, the name and address of the Consultant, Work Order Number, Contract Number and all other information required by this Agreement. (b) Invoices which are in an acceptable form to the City and without disputable items will be processed for payment within thirty days of receipt by the City. (c) The Consultant will be notified of any disputable items contained in invoices submitted by the Consultant within fifteen days of receipt by the City with an explanation of the deficiencies. (d) The City and the Consultant will make every effort to resolve all disputable items contained in the Consultant's invoices. (e) Each invoice shall reference this Agreement, the appropriate Work Order and Change Order if applicable, the billing period, and include the Project Status Report for the period being billed. (f) The Florida Prompt Payment Act shall apply when applicable. (g) Invoices are to be forwarded directly to: Finance Director City Of Sanford Page 16 of 26 300 North Park Avenue Sanford, Florida 32771 Section 24: Termination Of Agreement. (a) The City may terminate this Agreement or any Work Order for convenience at any time. (b) The City may also terminate this Agreement upon the City determining that any one or more of the following reasons exist: (1) If, in the City's opinion, adequate progress under a Work Order, specially, or this Agreement, generally, is not being made by the Consultant; or (2) If, in the City's opinion, the quality of the services provided by the Consultant is /are not in conformance with commonly accepted professional standards, standards of the City, the requirements of Federal or State regulatory agencies, and the Consultant has not corrected such deficiencies in a timely manner as reasonably determined by the City; or (3) The Consultant or any employee or agent of the Consultant is indicted or has a direct charge issued against him for any crime arising out of or in conjunction with any work that has been performed by the Consultant; or (4) The Consultant becomes involved in either voluntary or involuntary bankruptcy proceedings, or makes an assignment for the benefit of creditors; or (5) The Consultant violates the Standards of Conduct provisions herein or any provision of State or local law or any provision of the City Code of Conduct. In the event of any of the causes described in this Section, the City's Designated Representative may send a certified letter requesting that the Consultant show cause why the Agreement or any Work Order should not be terminated. If assurance satisfactory to the City of corrective measures to be made within a reasonable time is not given to the City within fourteen calendar days of the receipt of the letter, the City may consider the Consultant to be in default, and may immediately terminate this Agreement or any Work Order in progress under this Agreement. (c) In the event that this Agreement or a Work Order is terminated for cause and it is later determined that the cause does not exist, then this Agreement or Page 17 of 26 the Work Order shall be deemed terminated for convenience by the City and the City shall have the right to so terminate this Agreement without any recourse by the Consultant. Section 25: Termination By Consultant For Cause. (a) The Consultant may terminate this Agreement if the City fails to pay the Consultant in accordance with this Agreement. (b) In the event of either of the causes described in Subsection (a), the Consultant shall send a certified letter requesting that the City show cause why the Agreement should not be terminated. If adequate assurances are not given to the Consultant within fourteen calendar days of the receipt of said show cause notice, the Consultant may consider the City to be in default, and may immediately terminate this Agreement. Section 26: Termination By The City Without Cause. (a) Notwithstanding any other provision of this Agreement, the City shall have the right at any time to terminate this Agreement in its entirely without cause, or terminate any specific Work Order without cause, if such termination is deemed by the City to be in the public interest, provided that thirty calendar days prior written notice is given to the Consultant of the City's intent to terminate. (b) In the event that this Agreement is terminated, the City shall identify any specific Work Order(s) or work being terminated and the specific Work Order(s) or work to be continued to completion pursuant to the provisions of this Agreement. (c) This Agreement will remain in full force and effect as to all authorized Work Order(s) that is /are to be continued to completion. Section 27: Payment In The Event Of Termination. In the event this Agreement or any Work Order is terminated or canceled prior to final completion payment for the unpaid portion of the services provided by the Consultant to the date of termination and any additional services shall be paid to the Consultant. Section 28: Action Following Termination. Upon receipt of notice of termination, given by either party, the terminated party shall promptly discontinue the provision of all services, unless the notice provides otherwise. Section 29: Suspension. Page 18 of 26 (a) The performance or provision of the Consultant's services under any Work Order under this Agreement may be suspended by the City at any time. (b) In the event the City suspends the performance or provision of the Consultant's services hereunder, the City shall so notify the Consultant in writing. Such suspension becoming effective upon the date stated in the notice. The City shall pay to the Consultant within thirty days all compensation which has become due to and payable to the Consultant to the effective date of such suspension. The City shall thereafter have no further obligation for payment to the Consultant for the suspended provision of services unless and until the City's designated representative notifies the Consultant in writing that the provision of the services of the Consultant called for hereunder are to be resumed by the Consultant. (c) Upon receipt of written notice from the City that the Consultant's provision of services hereunder are to be resumed, the Consultant shall continue to provide the services to the City. Section 30: Alternative Dispute Resolution (ADR). (a) In the event of a dispute related to any performance or payment obligation arising under this Agreement, the parties agree to exhaust any alternative dispute resolution procedures reasonably imposed by the City prior to filing suit or otherwise pursuing legal remedies. (b) The Consultant agrees that it will file no suit or otherwise pursue legal remedies based on facts or evidentiary materials that were not presented for consideration to the City in alternative dispute resolution procedures or which the Consultant had knowledge and failed to present during the City procedures. (c) In the event that City procedures are exhausted and a suit is filed or legal remedies are otherwise pursued, the parties shall exercise best efforts to resolve disputes through voluntary mediation. Mediator selection and the procedures to be employed in voluntary mediation shall be mutually acceptable to the parties. Costs of voluntary mediation shall be shared equally among the parties participating in the mediation. Section 31: Severability. (a) If any term, provision or condition contained in this Agreement shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, or the application of such term, provision or condition to persons or circumstances other than those in respect of which it is invalid or unenforceable, shall not be affected thereby, and each term, provision, and Page 19 of 26 condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law when consistent with equity and the public interest. (b) All provisions of this Agreement shall be read and applied in pari materia with all other provisions hereof. (c) Violation of this Agreement by the Consultant is recognized by the parties to constitute irreparable harm to the City. Section 32: Controlling Laws/Venue /Interpretation. (a) This Agreement is to be governed by the laws of the State of Florida. (b) Venue for any legal proceeding related to this Agreement shall be in the Eighteenth Judicial Circuit Court in and for Seminole County, Florida and the City shall, at all times, have and maintain the home venue privilege. (c) This Agreement is the result of bona fide arms length negotiations between the City and the Consultant and all parties have contributed substantially and materially to the preparation of the Contract. Accordingly, this Agreement shall not be construed or interpreted more strictly against any one party than against any other party. Section 33: Indemnity. (a) To the fullest extent permitted by law, the Consultant 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, attorneys 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 part by the error, omission, negligent act, failure to act, malfeasance, misfeasance, conduct, or misconduct of the Consultant, its agents, servants, officers, officials, employees, or subConsultants. (b) In accordance with Section 725.06, Florida Statutes, adequate consideration has been provided to the Consultant for this obligation, the receipt and sufficiency of which is hereby specifically acknowledged. (c) Nothing herein shall be deemed to affect the rights, privileges, and immunities of the City as set forth in Section 768.28, Florida Statutes. (d) In claims against any person or entity indemnified under this Section by an employee of the Consultant or its agents or subConsultants, anyone directly Page 20 of 26 directly employed by them or anyone for whose acts they may be liable, ndemnification obligation under this Section shall not be limited by a ation on amount or type of damages, compensation, or benefits payable it for the Consultant or its agents or subConsultants, under Workers ipensation acts, disability benefits acts, or other employee benefit acts. (e) The execution of this Agreement by the Consultant shall obligate the Consultant to comply with the indemnification provision in this Agreement; however, the Consultant must also comply with the provisions of this Agreement relating to insurance coverages. (f). To the extent that services provided by the Consultant to the City under this Agreement relate to the "planning, design, construction, administration, study, evaluation, consulting, or other professional and technical support services furnished in connection with any actual or proposed construction, improvement, alteration, repair, maintenance, operation, management, relocation, demolition, excavation, or other facility, land, air, water, or utility development. Section 34: Insurance. (a) The provisions of this Section shall be applicable to the relationship between the parties to the maximum possible extent in accordance with the requirements of State law. The Consultant shall obtain or possess and continuously maintain the following insurance coverage, from a company or companies, with a Best Rating of A- or better, authorized to do business in the State of Florida and in a form acceptable to the City and with only such terms and conditions as may be acceptable to the City: (1) Workers Compensation /Employer Liability: The Consultant shall provide Worker Compensation insurance for all employees engaged in the work under this Agreement in accordance with the laws of the State of Florida. Employers' Liability Insurance at limits not less than the following: $500,000 Each Accident $500,000 Disease Each Employee $500,000 Disease Aggregate (2) Comprehensive General Liability: The Consultant shall provide coverage for all operations including, but not limited to, contractual, independent Consultant, products and complete operations and personal injury with limits not less than the following: $1,000,000 Bodily Injury & Property Damage - each occurrence $1,000,000 Personal & Advertising Injury - each occurrence $2,000,000 General Aggregate Page 21 of 26 $2,000,000 Products /Completed Operations Aggregates limit $5,000 Medical Payments $100,000 Fire Damage Legal Liability (3) Comprehensive Business Automobile Liability: The Consultant shall provide complete coverage with a combined single limit of not less than $1,000,000 Bodily Injury and Property Damage in accordance with the laws of the State of Florida, as to the ownership, maintenance, and use of all owned, non - owned, leased or hired vehicles. (4) Other Required Insurance Coverage: Where unusual operations are necessary to complete the work, such as Longshoremen and Harbor Workers' Exposures, use of aircraft or watercraft, use of explosives, and any high risk circumstances. No aircraft, watercraft or explosives shall be used without the express advance written approval of the City which may, thereupon, required additional insurance coverages. (b) All insurance other than Workers Compensation and Professional Liability that must be maintained by the Consultant shall specifically include the City as an additional insured. All insurance minimum coverages extend to any subConsultant, and the Consultant shall be responsible for all subConsultants. (c) The Consultant shall provide Certificates of Insurance to the City evidencing that all such insurance is in effect prior to the issuance of the first Work Order under this Agreement. These Certificates of Insurance shall become part of this Agreement. Neither approval by the City nor failure to disapprove the insurance furnished by a Consultant shall relieve the Consultant of the Consultant's full responsibility for performance of any obligation including the Consultant's indemnification of the City under this Agreement. If, during the period which an insurance company is providing the insurance coverage required by this Agreement, an insurance company shall: (1) lose its Certificate of Authority, (2) no longer comply with Section 440.57, Florida Statutes, or (3) fail to maintain the requisite Best's Rating and Financial Size Category, the Consultant shall, as soon as the Consultant has knowledge of any such circumstance, immediately notify the City and immediately replace the insurance coverage provided by the insurance company with a different insurance company meeting the requirements of this Agreement. Until such time as the Consultant has replaced the unacceptable insurer with an insurance rating acceptable to the City, the Consultant shall be deemed to be in default of this Agreement. (d) The insurance coverage shall contain a provision that requires that prior to any changes in the coverage, except increases in aggregate coverage, thirty Page 22 of 26 days prior notice will be given to the City by submission of a new Certificate of Insurance. (e) The Consultant shall provide Certificate of Insurance directly to the City's Designated Representative. The certificates shall clearly indicate that the Consultant has obtained insurance of the type, amount, and classification required by this Agreement. (f) Nothing in this Agreement or any action relating to this Agreement shall be construed as the City waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes. (g) The City shall not be obligated or liable under the terms of this Agreement to any party other than the Consultant. There are no third party beneficiaries to this Agreement that have any right against the City; provided, however, that the owners of vehicles towed hereunder are considered to be third -party beneficiaries inconsideration of their forbearance in allowing their vehicles to be towed and are declared to have standing to enforce the provisions of this Agreement where the provisions inure to their benefit. It is further understood that such owner shall, upon prevailing, be entitled to recovery of reasonable costs, expenses, and attorney's fees. (h) The Consultant is an independent Consultant and not an agent, representative, or employee of the City. The City shall have no liability except as specifically provided in this Agreement. (g) All insurance shall be primary to, and not contribute with, any insurance or self- insurance maintained by the City. (h) All insurance requirements shall be effectual and run to the benefit of the City notwithstanding any statutory limitations relative to indemnification. Section 35: Equal Opportunity Employment/Non- Discrimination. The Consultant agrees that it will not discriminate against any employee or applicant for employment for work under this Agreement because of race, color, religion, sex, age, national origin, or disability and will take affirmative steps to ensure that applicants are employed and employees are treated during employment without regard to race, color, religion, sex, age, national origin, or disability. This provision shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment advertising; layoff or termination; rates of pay or their forms or compensation; and selection for training, including apprenticeship. The Consultant, moreover, shall comply with all the requirements as imposed by the Americans with Disability Act, the regulations of the Federal government issued thereunder, and any and all requirements of Federal or State law related thereto. Page 23 of 26 Section 36: Access To Records /Audit/Public Records. (a) The Consultant shall maintain books, records, documents, time and costs accounts, and other evidence directly related to its provision or performance of services under this Agreement. All time records and cost data shall be maintained in accordance with generally accepted accounting principles. (b) The Consultant shall maintain and allow access to the records required under this Section for a minimum period of five years after the completion of the provision or performance services under this Agreement and date of final payment for said services, or date of termination of this Agreement. (c) The City reserves the right to unilaterally terminate this Agreement if the Consultant refuses to allow public access to all documents, papers, letters, or other materials subject to provisions of Chapter 119, Florida Statutes, and other applicable law, and made or received by the Consultant in conjunction, in any way, with this Agreement. (d) The City may perform, or cause to have performed, an audit of the records of the Consultant before or after final payment to support final payment under any Work Order issued hereunder. This audit shall be performed at a time mutually agreeable to the Consultant and the City subsequent to the close of the final fiscal period in which services are provided or performed. Total compensation to the Consultant may be determined subsequent to an audit as provided for in this Section, and the total compensation so determined shall be used to calculate final payment to the Consultant. Conduct of this audit shall not delay final payment as required by this Section. (e) In addition to the above, if Federal, State, County, or other entity funds are used for any services under this Agreement, the Comptroller General of the United States or the Chief Financial Officer of the State of Florida, or the County of Seminole, or any representative, shall have access to any books, documents, papers, and records of the Consultant which are directly pertinent to services provided or performed under this Agreement for purposes of making audit, examination, excerpts, and transcriptions. Also, the Consultant shall adhere to, and comply with, any and all grant conditions imposed. (f) In the event of any audit or inspection conducted reveals any overpayment by the City under the terms of the Agreement, the Consultant shall refund such overpayment to the City within thirty days of notice by the City of the request for the refund. (g) The Consultant agrees to fully comply with all State laws relating to public records as determined by the City. Page 24 of 26 (h) The Consultant agrees that if any litigation, claim, or audit is started before the expiration of the record retention period established above, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved and final action taken. Section 37: Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which, taken together, shall constitute one and the same document. Section 38: Exhibits. Each exhibit, if any, referred to and attached to this Agreement is an essential part of this Agreement. The exhibits, if any, and any amendments or revisions thereto, even if not physically attached hereto, shall be treated as if they are part of this Agreement. The City shall determine the contents of this Agreement relative to exhibits. SIGNATURE PAGE FOLLOWS Page 25 of 26 In Witness Whereof, the parties hereto have made and executed this Agreement on the respective dates under each signature: the City through its City Commission taking official action and the Consultant signing by and through its duly authorized corporate officer having the full and complete authority to execute same. itnes 1 Printed Name: �- Authorized Signatory for entity. GAI Consultants I OAK1 Witn ss p e am 1 Q Print 1 �t►'1 Authorized Signato o entity. By: Printed Name: 4cil UW, Authorized Signatory for entity. Date: 9 City Of Sanford Attest: By. City Clerk Jef Da Approved as to fasom 0legal sufficiency. iam L. Colbert City Attl5rney /%" AltllO Al • &?V0 � j4j-r4 Page 26 of 26 I ' P ��s79 CITY COMMISSION MEMORANDUM 13.201 SEPTEMBER 23, 2013 AGENDA WS RM k Item No. Cj , TO: Honora d Members of the City Co 'ssion PREPARED BY: illiam Smith, P hasing Manager SUBMITTED BY Norton arte, Jr., City Manager SUBJECT: ngin Bring /Design Services Applicable to e Cloud Branch Drainage, Phase, III Project; Firm Selection SYNOPSIS: Approval of the ranking of firms, the selection of GAI Consultants, Inc. (GAI) to provide engineering and design services, and the approval of the negotiated fee for services by GAI to be performed prior to, during and after construction for the Cloud Branch Drainage, Phase III, Project (the "Project ") is recommended and requested. FISCAL/STAFFING STATEMENT: The recommended procurement of GAI's professional services relates to the provision of engineering services for the Project which are not available "in- house." Funding for the services is available in the "Stormwater Reserve Fund." BACKGROUND: The solicitation, Request for Qualifications (RFQ) 12/13 -16, for acquisition of the engineering services to support the Project is governed by the Consultants Competitive Negotiation Act (CCNA). The City's CCNA selection process policy directs City staff to provide a recommendation to the City Commission relative to a proposed firm to be selected by the City Commission and to provide the City Commission with "back -up" information outlining the process and steps taken to support the proposed selection and rankings. Also, the "back -up" information provides documentation to the City Commission relating to the proposed consultant rankings as developed by City staff. On February 17, 2013 RFQ 12/13 -16 was advertised in the Orlando Sentinel and posted on the City's web site, VendorLink, to invite all interested firms to submit statements of qualifications to compete for the award of the professional engineering services required for the Project. The five firms responding to the RFQ were: Atkins North American, Inc; CPH, Inc; CPWG Consultants; GAI Consultants and Reiss Engineering, Inc. The attached report outlines the process employed by the evaluation panel leading to the recommended ranking of firms selected for the proposed "short- list" of three firms to establish the order in which negotiations were to be conducted as required by the CCNA and which will provide the basis for award. The proposed scope of work is the result of negotiations conducted by City staff with GAI resulting in a negotiated fee for the services relating to the Project in the amount of $688,830, including fees associated with Project permitting. The fees are considered reasonable and are within available funding levels for the services needed for the Project. The services are expected to include, but are not limited to, surveying, design, permitting and coordination, post design services and assistance securing grants associated with for larger storm sewer infrastructure projects such flood mitigation assistance program grant(s) and involve preparing a stormwater modeling plan to replace the small sized storm sewer with larger diameter storm sewer pipeline and box culvert. LEGAL REVIEW: The contract implementing the award will be prepared by the City Attorney. The City Attorney has no legal objection to the process of this proposed ranking and award. RECOMMENDATION: It is staff's recommendation to approve selection of GAI to provide the professional engineering services necessary to support the Cloud Branch Drainage, Phase I11, Project while approving the ranking of firms and the negotiated fees in the amount of $688,830. SUGGESTED MOTION: "I move to approve the consultant rankings proposed by City staff and the selection of GAI for the Cloud Branch Drainage, Phase III, Project with services to be provided in the negotiated amount of $688,830." Attachments: RFQ 12/13 -16 announcement Preliminary Ranking Final Scoring and Ranking Report Analysis GAI Cost and Scope Attachment 1 Rot =1877 + www.san£ordfl.I?ov FINANCE DEPARTMENT; PURCHASING DIVISION Request for Statements of Qualifications MAILING ADDRESS CITY OF SANFORD POST OFFICE BOX 1788 SOLICITATION NUMBER: RFQ 12/13 -16 SANFORD, FL 32772 -1788 TITLE: PROFESSIONAL ENGINEERING SERVICES (Cloud Branch Drainage Project, Phase III) PHYSICAL ADDRESS Date Issued: February 17, 2013 CITY HALL Opening Date and Time: March 19, 2013 at 2:00 p.m. 300 NORTH PARK AVENUE SANFORD, FL 32771 -1244 Non - public Opening to be held in the Purchasing Office, Sanford City ' Hall, Room 236. Only the names of responding firms will be released TELEPHONE at that time. 407.688.5001 The City of Sanford (City) hereby requests statements of qualifications from FACSIMILE 407.688.5002 Engineering Consultants to perform professional engineering services in connection with the Cloud Branch Drainage Improvement Project Phase III. The purpose of the • project is to prepare a stormwater modeling plan to replace small sized storm sewer with larger diameter storm sewer pipeline and box culvert. The services are CITY COMMISSION expected to include, but, are not limited to, surveying, design, permitting and JEFF TRIPLETT coordination, post design services and assistance securing grants associated with MAYOR for larger storm sewer infrastructure projects such Flood Mitigation Assistance Program Grant(s). MARK MCCARTY DISTRICT 1 Project Information, Submission Documents, addenda, short lists, tabulation VELMA H. WILLIAMS reports, subsequent awards, etc. may be found and downloaded from the web site DISTRICT 2 which can be accessed through the City of Sanford's web site: www.mvvendorlink; select register and complete that process. Then, under agency select — City of Sanford RAN S then select search solicitations; scroll down to the solicitation number indicated and DISTTRICT RICT 3 3 click on the magnifying glass in blue. It is highly recommended that all Firms interested PATTY MAHANY in submitting a response complete this step to ensure that notifications regarding DISTRICT addenda be automatically provided. ' Black- out - period: It is noted that attempts to contact City Commission NORTON N. BONAPARTE, JR. members, members of the Evaluation and Selection Committee or City CITY MANAGER officials and employees other than through the City of Sanford Purchasing Manager during this procurement process is contrary to the public interest due to the perceived or actual potential to influence, distort or compromise the City's decision making process. Therefore, attempts to contact, fraternize, or influence personnel indicated above may result in disqualification of a responding firm. The City of Sanford assumes no responsibility in case of omissions, conflict, missing notifications regarding addenda, posting of results or other relevant notifications from sites or sources other than the site indicated above. %Cie 571&94 04 Submissions delivered after the date and time indicated above will not be opened or otherwise considered. Please note that facsimile, telegraph, email submissions not enclosed in a sealed envelope and /or lacking original signatures will not be considered. Persons who need assistance to participate in any of these proceedings are to contact the ADA Coordinator, at 407.688.5025, 48 hours in advance of the meeting. Respectfully, F. WILLIAM SMITH, Purchasing Manager Cloud Branch Drainage Ph III POST PRESENTATION SCORING IS REFLECTED BELOW 2 a- Q � Q Ability of Firm and its Professional Personnel: A. Outline qualifications and experience of the firm, to include accreditation, licenses and awards with attention given to qualifications and experience for staff, such as licenses and /or certifications, which may include resumes. 10 10 10 *Identify and provide qualifications and experience of sub - consultants, relevant to this project *Provide an Organizational Chart for Project Team (4 -20) Experience with Projects of a Similar Type and Size: A. Provide a list of successfully completed projects for similar work experience within the past ten[10] years (1 -10 points). 15 15 15 B. Provide a maximum of four [4] references for similar ongoing services (1 -10 points). Firms Willingness and Ability to meet Schedule and Budget Requirements: A. Has ability to coordinate and expedite work to ensure quality control under 10 10 6 an accelerated schedule (1 -5 points) Effect of Recent Current and Projected Workload A. Proposer's current and projected workload (1 -5 points). 8 8 8 Effect of Project Team's Location A. Regional firms located within the Counties of Brevard, Lake, Orange, Osceola, Seminole, and Volusia will receive (5 points). Firms located within 5 5 5 the State of Florida will receive (2 points). Firm located outside Florida (0 points) Firm's Creativity A. Overall comprehensiveness, value engineering and novel approaches to 15 10 12 overview and inspect design and construction. (3 -15 points). Firm's Overall Technical Competence (Pre and Post Presentation) A. Innovative considerations and thrust which enhance completed projects as related to the goals and desired results of the City. (Up to 10 points pre and 16 12 12 Up to 10 points post with a possible total of 20 points for total pre and post). Firm's Overall Interactive competence (Post Presentation) 5- points 5 5 5 Scores- for this item are provided by the City of Sanford Purchasing Div. — Certification by Office of Supplier Diversity (2 points) 0 2 0 Scores for this item are set by the City of Sanford Purchasing Div. —Effect of Firm's work performed for City, relative to the competing firms, during the last three years (0- 99,999_3 pts)(100,000 - 499,999_2 pts)(500,000- 3 0 3 999,999_1 pt)(Over 1,000,000_0 pts) Jeff Davis 87 77 76 Page 1 of 3 POST PRESENTATION SCORING IS REFLECTED BELOW Y v Ability of Firm and its Professional Personnel: A. Outline qualifications and experience of the firm, to include accreditation, licenses and awards with attention given to qualifications and experience for staff, such as licenses and /or certifications, which may include resumes. 10 10 10 *Identify and provide qualifications and experience of sub - consultants, relevant to this project *Provide an Organizational Chart for Project Team (4 -20) Experience with Projects of a Similar Type and Size: A. Provide a list of successfully completed projects for similar work experience within the past ten[10] years (1 -10 points). 15 13 15 B. Provide a maximum of four [4] references for similar ongoing services (1 -10 points). Firms Willingness and Ability to meet Schedule and Budget Requirements: A. Has ability to coordinate and expedite work to ensure quality control under 10 10 10 an accelerated schedule (1 -5 points) Effect of Recent Current and Projected Workload A. Proposer's current and projected workload (1 -5 points). 8 8 8 Effect of Project Team's Location A. Regional firms located within the Counties of Brevard, Lake, Orange, Osceola, Seminole, and Volusia will receive (5 points). Firms located within 5 5 5 the State of Florida will receive (2 points). Firm located outside Florida (0 points) Firm's Creativity A. Overall comprehensiveness, value engineering and novel approaches to 13 12 14 overview and inspect design and construction. (3 -15 points). Firm's Overall Technical Competence (Pre and Post Presentation) A. Innovative considerations and thrust which enhance completed projects as related to the goals and desired results of the City. (Up to 10 points pre and 14 13 19 Up to 10 points post with a possible total of 20 points for total pre and post). Firm's Overall Interactive competence (Post Presentation) 5- points 3 4 5 Scores- for this item are provided by the City of Sanford Purchasing Div. — Certification by Office of Supplier Diversity (2 points) 0 2 0 Scores for this item are set by the City of Sanford Purchasing Div. —Effect of Firm's work performed for City, relative to the competing firms, during the last three years (0- 99,999_3 pts)(100,000 - 499,999_2 pts)(500,000- 3 0 3 999,999_1 pt)(Over 1,000,000_0 pts) John Schultheis 81 77 89 Page 2 of 3 POST PRESENTATION SCORING IS REFLECTED BELOW Y v Q Ability of Firm and its Professional Personnel: A. Outline qualifications and experience of the firm, to include accreditation, licenses and awards with attention given to qualifications and experience for staff, such as licenses and /or certifications, which may include resumes. 8 6 10 .Identify and provide qualifications and experience of sub - consultants, relevant to this project *Provide an Organizational Chart for Project Team (4 -20) Experience with Projects of a Similar Type and Size: A. Provide a list of successfully completed projects for similar work experience within the past ten[10] years (1 -10 points). 2 11 6 B. Provide a maximum of four [4] references for similar ongoing services (1 -10 points). Firms Willingness and Ability to meet Schedule and Budget Requirements: A. Has ability to coordinate and expedite work to ensure quality control under 6 6 6 an accelerated schedule (1 -5 points) Effect of Recent Current and Projected Workload A. Proposer's current and projected workload (1 -5 points). 8 8 8 Effect of Project Team's Location A. Regional firms located within the Counties of Brevard, Lake, Orange, Osceola, Seminole, and Volusia will receive (5 points). Firms located within 5 5 5 the State of Florida will receive (2 points). Firm located outside Florida (0 points) Firm's Creativity A. Overall comprehensiveness, value engineering and novel approaches to 6 4 4 overview and inspect design and construction. (3 -15 points). Firm's Overall Technical Competence (Pre and Post Presentation) A. Innovative considerations and thrust which enhance completed projects as related to the goals and desired results of the City. (Up to 10 points pre and 12 13 13 Up to 10 points post with a possible total of 20 points for total pre and post). Firm's Overall Interactive competence (Post Presentation) 5- points 4 5 5 Scores- for this item are provided by the City of Sanford Purchasing Div. — Certification by Office of Supplier Diversity (2 points) 0 2 0 Scores for this item are set by the City of Sanford Purchasing Div. —Effect of Firm's work performed for City, relative to the competing firms, during the last three years (0- 99,999_3 pts)(100,000 - 499,999_2 pts)(500,000- 3 0 3 999,999_1 pt)(Over 1,000,000_0 pts) R. Casella 54 60 60 Grand Totals 222 214 225 Atk CPH GAI It is noted that the differentials for previous work for the City are not included in the above calculations. This addition would add 9 points to Atk and 9 points to GAI which would have the net effect of moving Atk to second place in the ranking. Page 3 of 3 Cloud Branch Drainage Ph III (Preliminary Scoring to develop short -list) PRE PRESENTATION SCORING IS REFLECTED BELOW U U Ability of Firm and its Professional Personnel: A. Outline qualifications and experience of the firm, to include accreditation, licenses and awards with attention given to qualifications and experience for staff, such as licenses and /or certifications, which may include resumes. 10 10 10 10 10 .Identify and provide qualifications and experience of sub - consultants, relevant to this project *Provide an Organizational Chart for Project Team (4 -20) Experience with Projects of a Similar Type and Size: A. Provide a list of successfully completed projects for similar work experience within the past ten[10] years (1 -10 points). 15 15 15 14 5 B. Provide a maximum of four [4] references for similar ongoing services (1 -10 points). Firms Willingness and Ability to meet Schedule and Budget Requirements: A. Has ability to coordinate and expedite work to ensure quality control under 10 10 6 6 6 an accelerated schedule (1 -5 points) Effect of Recent Current and Projected Workload A. Proposer's current and projected workload (1 -5 points). 8 8 8 8 8 Effect of Project Team's Location A. Regional firms located within the Counties of Brevard, Lake, Orange, Osceola, Seminole, and Volusia will receive (5 points). Firms located within 5 10 5 5 5 the State of Florida will receive (2 points). Firm located outside Florida (0 points) Firm's Creativity A. Overall comprehensiveness, value engineering and novel approaches to 12 10 12 10 6 overview and inspect design and construction. (3 -15 points). Firm's Overall Technical Competence (Pre and Post Presentation) A. Innovative considerations and thrust which enhance completed projects as related to the goals and desired results of the City. (Up to 10 points pre and 6 6 6 4 6 Up to 10 points post with a possible total of 20 points for total pre and post). Firm's Overall Interactive competence (Post Presentation) 5- points Scores- for this item are provided by the City of Sanford Purchasing Div. — Certification by Office of Supplier Diversity (2 points) 0 2 0 0 0 Scores for this item are set by the City of Sanford Purchasing Div. —Effect of Firm's work performed for City, relative to the competing firms, during the last three years (0- 99,999_3 pts)(100,000 - 499,999_2 pts)(500,000- 3 0 3 3 3 999,999_1 pt)(Over 1,000,000_0 pts) Jeff Davis 69 71 65 60 49 Page 1 of 3 PRE PRESENTATION SCORING IS REFLECTED BELOW U c7 ¢ U Ability of Firm and its Professional Personnel: A. Outline qualifications and experience of the firm, to include accreditation, licenses and awards with attention given to qualifications and experience for staff, such as licenses and /or certifications, which may include 8 8 resumes. 10 10 10 *Identify and provide qualifications and experience of sub - consultants, relevant to this project *Provide an Organizational Chart for Project Team (4 -20) Experience with Projects of a Similar Type and Size: A. Provide a list of successfully completed projects for similar work experience within the past ten[10] years (1 -10 points). 15 13 15 13 15 B. Provide a maximum of four [4] references for similar ongoing services (1 -10 points). Firms Willingness and Ability to meet Schedule and Budget Requirements: A. Has ability to coordinate and expedite work to ensure quality control under 10 10 10 10 10 an accelerated schedule (1 -5 points) Effect of Recent Current and Projected Workload A. Proposer's current and projected workload (1 -5 points). 8 8 8 7 8 Effect of Project Team's Location A. Regional firms located within the Counties of Brevard, Lake, Orange, Osceola, Seminole, and Volusia will receive (5 points). Firms located within 4 6 4 4 4 the State of Florida will receive (2 points). Firm located outside Florida (0 points) Firm's Creativity A. Overall comprehensiveness, value engineering and novel approaches to 13 12 14 10 10 overview and inspect design and construction. (3 -15 points). Firm's Overall Technical Competence (Pre and Post Presentation) A. Innovative considerations and thrust which enhance completed projects as related to the goals and desired results of the City. (Up to 10 points pre and 9 8 9 6 7 Up to 10 points post with a possible total of 20 points for total pre and post). Firm's Overall Interactive competence (Post Presentation) 5- points Scores- for this item are provided by the City of Sanford Purchasing Div. — Certification by Office of Supplier Diversity (2 points) 0 2 0 0 0 Scores for this item are set by the City of Sanford Purchasing Div. —Effect of Firm's work performed for City, relative to the competing firms, during the last three years (0- 99,999_3 pts)(100,000 - 499,999_2 pts)(500,000- 3 0 3 3 3 999,999_1 pt)(Over 1,000,000_0 pts) John Schultheis 72 69 73 61 6 Page 2 of 3 PRE PRESENTATION SCORING IS REFLECTED BELOW Q U ) Of U Ability of Firm and its Professional Personnel: A. Outline qualifications and experience of the firm, to include accreditation, licenses and awards with attention given to qualifications and experience for staff, such as licenses and /or certifications, which may include resumes. 8 6 10 10 6 *Identify and provide qualifications and experience of sub - consultants, relevant to this project *Provide an Organizational Chart for Project Team (4 -20) Experience with Projects of a Similar Type and Size: A. Provide a list of successfully completed projects for similar work experience within the past ten[10] years (1 -10 points). 2 11 6 6 2 B. Provide a maximum of four [4] references for similar ongoing services (1 -10 points). Firms Willingness and Ability to meet Schedule and Budget Requirements: A. Has ability to coordinate and expedite work to ensure quality control under 6 6 6 6 6 an accelerated schedule (1 -5 points) Effect of Recent Current and Projected Workload A. Proposer's current and projected workload (1 -5 points). 8 8 8 8 8 Effect of Project Team's Location A. Regional firms located within the Counties of Brevard, Lake, Orange, Osceola, Seminole, and Volusia will receive (5 points). Firms located within 5 5 5 5 5 the State of Florida will receive (2 points). Firm located outside Florida (0 points) Firm's Creativity A. Overall comprehensiveness, value engineering and novel approaches to 6 4 4 6 4 overview and inspect design and construction. (3 -15 points). Firm's Overall Technical Competence (Pre and Post Presentation) A. Innovative considerations and thrust which enhance completed projects as related to the goals and desired results of the City. (Up to 10 points pre and 4 3 3 6 3 Up to 10 points post with a possible total of 20 points for total pre and post). Firm's Overall Interactive competence (Post Presentation) 5- points Scores- for this item are provided by the City of Sanford Purchasing Div. — Certification by Office of Supplier Diversity (2 points) 0 2 0 0 0 Scores for this item are set by the City of Sanford Purchasing Div. —Effect of Firm's work performed for City, relative to the competing firms, during the last three years (0- 99,999_3 pts)(100,000 - 499,999_2 pts)(500,000- 3 0 3 3 3 999,999_1 pt)(Over 1,000,000_0 pts) R. Casella 42 45 45 50 37 Grand Totals 183 185 183 171 151 Atk CPH GAI Reiss CPWG It is noted that the differentials for previous work for the City are not included in the above calculations. This report reflects preliminary scoring to establish the short list. Necessary adjustments are reflected in the post presentation scoring. Page 3 of 3 Solicitation RFQ 12/13 -16, Cloud Branch Drainage -PH III Evaluation Report Evaluation Panel Members: 1. Richie Casella - Utility Department 2. John Schultheis - Planning and Development Services 3. Jeff Davis - Public Works Department 4. Bill Smith — Purchasing Manager, non - voting moderator Initial Rankin Evaluation and Review of the Written Submissions Panel Members Panel Members Atkins CPH GAI Reiss CPWG Jeff Davis 69 71 65 60 49 John Schultheis 72 69 73 61 65 Richie Casella 42 45 45 50 37 TOTALS 183 185 183 171 151 The Scores above resulted in the selection of the top three scores to be selected to provide presentations to the selection panel. The short list consisted of: - This item was adjusted with corrective items and only used as a basis for scoring as applicable to the post presentation report. The above section is useful only for historical purposes to note that the preliminary scoring was completed. Post Presentation Scoring Panel Members Atkins CPH GAI Jeff Davis 87 77 76 John Schultheis 81 77 89 Richie Casella 54 60 60 TOTALS 222 214 1 225 Scoring of the short- listed firms reflected above has resulted in the Following ranking of firms: 1. GAI 2. Atkins 3. CPH *The scoring detail, report. post presentations, per panel member is attached to this Attachment 3 • gai consultants transforming ideas into reality,. August 8, 2013 GAI Project No. A130471.00 William Smith, Purchasing Manager City of Sanford P.O. Box 1788 (300 N. Park Avenue, Room 236) Sanford, FL 32772 Proposal for Professional Services Cloud Branch Drainage Project, Phase III Sanford, Florida Dear Mr. Smith: GAI Consultants, Inc. (GAI) is pleased to submit this proposal for Professional Services to the City of Sanford ( "the City" or "the Client ") for the above - referenced project. This proposal reflects the anticipated scope and related cost for services to be provided based on our knowledge of the project. Per the meeting with the City of Sanford Public Works Department on July 15, 2013, and the site visit with the City of Sanford staff on August 1, 2013, GAI Consultants, Inc. is submitting this Proposal to Mr. William Smith for the performance of the professional services described below in the Scope of Services for the project stated above. Project Understanding The GAI Team is prepared to perform the Professional Engineering Services in connection with the Cloud Branch Drainage Improvement Project, Phase III. With the completion of Pond 4 under phase II of the drainage improvements to the Cloud Branch Basin, the city's storm drainage infrastructure can now be upgraded. The Cloud Branch Drainage Improvements have been broken into seven (7) regions, for purpose of discussion. A description of the identified improvements is defined for each region. For all regions, utility locates, soft -dig, and geotechnical investigation will be performed in order to properly identify existing design conditions. Region.f consists of the portion of Elm Avenue, starting at the intersection at 20th street, and continuing north to the southern side of the CSX right -of -way. The storm inlets and storm pipes are undersized for the volume of water contributing to this collection area and will need to be upgraded. The roadway between 16th and 18th street will need full depth replacement in areas where open -pit construction occurs. Any sewer and water crossing the proposed construction will be replaced. The water main running north -south in region 1 will also be replaced, if in conflict with proposed storm sewer improvements. There is a transite duct bank owned by BellSouth that jumps from one side to the other throughout the length of region 1. The proposed design will have to accommodate its presence. GAI does not intend to disturb the transite duct back. GAI will coordinate and identify the location of other franchise utilities (gas, fiber, cable, etc.) through all 7 regions. Sidewalk will be added to the west side of Elm Avenue from 18th Street north. Region 1 consists of the CSX railroad crossing at Elm Avenue. Improvements at the crossing will include a jack- and -bore beneath the existing rail to accommodate the new storm sewer. The City of Sanford is in the process of lining an existing storm sewer located just outside and parallel to the CSX right of way. If storm water modeling indicates the benefit of connecting the rehabilitated storm sewer to the newly installed storm sewer, the two mains will be connected. Orlando Office 618 East South Street, Suite 700 Orlando, FL 32801 T 407.423.8398 F 407.843.1070 www.gaiconsultants.com Mr. William Smith Page 2 August 8, 2013 GAI Project No. A130471.00 In addition to the storm sewer improvements, there will be an at -grade crossing of the rail line, in order to facilitate pedestrians along the proposed sidewalk improvements. This crossing will connect the sidewalk improvements of regions 1 and 3. Region 3consists of the portion of Elm Avenue, starting at the northern side of the CSX right -of -way, continuing north to the intersection at 10th Street. The storm inlets and storm pipes are undersized for the volume of water contributing to this collection area and will need to be upgraded. The roadway and curbing between 13th and 10th street will be fully replaced. A pair of inlets less than 100 -ft from the intersection at 13th st will be eliminated if possible in the final design. Any gravity sewer or water main determined to be in conflict with the new storm design will be relocated as needed. The water main running parallel to Elm Avenue will be replaced, if in conflict with proposed storm sewer improvements. The transite duct bank continues north beneath Elm Avenue to 10th street and will have to be avoided in design. GAI does not intend to disturb the transite duct back. Sidewalk will be added to the west side of Elm Avenue up to 13th street, and to the east side of the street from 13th street to 10th street. Region 4consists of the portion of 13th street from east side of the Laurel Avenue intersection to the west side of the Park Avenue intersection. The west end of 13th street, in front of Todd's Tomatoes does not experience localized flooding. Due to the heavy business traffic at that intersection, the City would prefer that improvements to the storm sewer be avoided if possible. However, at the mid block location between Laurel and Elm roadway flooding does occur. As identified in region 3, the intersection improvements for Elm and 13th will include new inlets and pipes, introducing improved capacity to pull water off the streets. Along this east -west region, the site visit identified the presence of old telephone line, fiber, and water main on the north side of 13th street. The proposed storm sewer improvements are anticipated to run along the southern lane, beneath the roadway pavement. A critical component to anticipate in the storm design is the presence of vacuum sewer lines traversing 13th street. Additionally, secondary storm drainage lines run perpendicular to 13th street. The new design will allow for connections of these secondary storm runs to the proposed improvement. Based upon storm sewer routing, secondary runs will be plugged and grouted, thereby creating a definitive basin divide between regions of the older existing storm sewer. Region 5consists of the portion of 10th street from 17 -92 to the intersection at Elm Avenue. The storm inlets and storm pipes are undersized for the volume of water contributing to this collection area and will need to be upgraded. The roadway between 17 -92 and Elm will require replacement in areas where open -pit construction occurs. Any gravity sewer or water main determined to be in conflict with the new storm design will be relocated as needed. The water main replacement is not anticipated. There is a transite duct bank owned by BellSouth that comes from the Bell building located on the north side of the west end of region 5. The proposed design will have to accommodate its presence. GAI does not intend to disturb the transite duct back. Intersection improvements that occur with the replacement of the sub- standard storm inlets will require replacement curbing and pavement through the return of each intersection. The existing storm piping, which lies on the north side of the 10th street roadway will remain in place, and it will tie into the proposed storm sewer at three locations. Region 6consists of the intersection of 17 -9 and 10th street. The storm inlets at the four intersection corners will be replaced and connected to the proposed storm sewer improvements. Based upon the output of the storm water model, the smallest possible storm pipe, or box culvert will be placed beneath 17 -92 using open -pit construction. It is anticipated that multiple utilities exist beneath the roadway, and therefore extensive locates will be required prior to design. Region 7consists of the last leg of the storm sewer improvements, starting at the 17 -92 intersection and the ultimate point of connection, which is the newly constructed inlet structure in the middle of 10th Street. This portion of roadway is a rural section with side swales and no curbing. Any gravity sewer or water main determined to be in conflict with the new storm design will be relocated as needed. The City request that the existing water main running North and South at the West side of Holly Avenue remains or is relocated above the proposed storm sewer if cover allows, which will be determined during design. • gai consultants transforming ideas into reality,. © 2013 GAI Consultants, Inc. Mr. William Smith Page 3 August 8, 2013 GAI Project No. A130471.00 The proposed storm sewer improvements are anticipated to run along the southern lane, beneath the roadway pavement. Perpendicular to the roadway runs old combination sewer (which has since been converted to exclusively storm sewer), gravity sewer, and water main. The new design will allow for connections of these secondary storm runs to the proposed improvement. Based upon storm sewer routing, secondary runs will be plugged and grouted, thereby creating a definitive basin divide between regions of the older existing storm sewer. In addition to the seven regions of storm sewer improvements, the City has identified three potential locations for the creation of new storm water ponds. Depending upon the availability of funding and the total project cost of land purchase and pond construction, one or more potential sites may be selected for pond construction. Under this proposal, research and geotechnical investigation will be performed to assess the viability of the three alternative sites. Scope of Services GAI's approach will be a systematic and collaborative effort. The GAI team will employ a 'one stop shop" of mainly in -house services specifically tailored to meet the needs of the City and the project. Our approach will consider the following elements: • Surveying Services • Geotechnical Services ■ Civil Engineering Services • Landscape Design Services • Grants and SRF Assistance Based on our understanding of the project requirements /criteria provided to date by Mr. Smith, GAI will perform the following described Scope of Services: Section 1 — Surveying Services 1.0 — Survey The 5,700 +/- If survey corridor consists of the full width, plus 15' past, the right of way of Elm Avenue from the South side of West 18th Street to the North side of W 10th Street; of W 10th Street from the East side of Elm Ave to the outfall drainage West of Holly Avenue and of Historic Goldsboro Blvd from the West side of Laurel Ave to the East side of Park Ave. 1.1 Prepare base Survey mapping of the described survey corridor to report the location and elevation of all fixed surface features, the apparent right of way line relative to found monumentation and available public records and underground utilities. 1.2 All elevations will be relative to NAD 1988 and positions will be relative to State Plane Coordinates NAD83 Florida East Zone (FL83 -EF) as established from a conventional traverse and level loop for reliability of data. 1.3 Pavement grades will be reported in a 50' interval, at grade breaks and labeled with type and size of curbing if applicable. 1.4 Pipe size and material will be reported with inverts where surface access is available to underground utilities. 1.5 Utilities without surface access will be located relative to utility company mark out as a result of Sunshine One notification supplemented by utility mapping relative applied to surface indicators of underground utility (i.e. water valve, meter, manhole etc.) gai consultants transforming Ideas into reality,„ © 2013 GAI Consultants, Inc. Mr. William Smith Page 4 August 8, 2013 GAI Project No. A130471.00 1.6 There will be a minimum of 2 controls points set and reported for each roadway run relative to a traverse between GPS determined State Plane control points for horizontal and a 3 wire level closure between two 1988 datum City of Sanford benchmarks for vertical. 1.7 Pavement marking will be reported relative to a recent aerial of the roadway field checked but without actual survey locates of these features. 1.8 Property addresses and lot lines will be shown relative to the Tax rolls and each building will be reported with use (i.e. residence, insurance co., clinic, church, etc.) 1.9 The survey will include a 3d surface relative to break lines and spot elevations for design use. 1.10 This survey will not be a Boundary or Right of way or stand alone Topographic Survey. 1.11 As required, GAI can stake out and locate borings or soft -digs and can supplement the survey base with the reported underground data. Assumed 30 geotech borings and 35 softdigs, included. 1.12 Topography to be extended into alley ways to next drainage structure to report centerline grades every 50', top, invert and pipe size information at said drainage structure for design consideration. 1.13 Locate and replace existing centerline control with same type of marker and capped with City identification (caps to be provided). 1.14 Return field survey and mapping for additional topography after initial design consideration included. 2.0 — Sub - Surface Utility Exploration (SUE) 2.1 Sub - surface Utility Exploration, commonly referred to as "soft- dig ", will be provided to support the design and construction of the retrofitted storm sewer system. Services will be provided by GAI's sub - consultant, Southeastern Surveying and Mapping Corporation (SSMC), at direct cost. Exploration locations will be identified by GAI's engineer for investigation by SSMC. Assumption/ Recommendation 1. Advance notification of abutting owners prior to the start of Surveying along the corridor is assumed to be handled by the City. 2. GAI will compose a generic letter announcing our Survey for the City of Sanford Drainage Improvements with GAI and City contact info for questions. This letter will be delivered to each property address in advance of setting any control within the described corridor. Section 2 — Geotechnical Engineering Services 1.0 — Geotechnical Engineering Services 1.1 Geotechnical services will be provided to support the design and construction of the retrofitted storm sewer system. Services will be provided by GAI's sub - consultant, Ardaman & Associates, at direct cost. Prior to drilling, exploration locations will be cleared for buried utilities/ piping/ structures by the sub - consultant in coordination with the City staff. Section 3 — Civil Engineering Services Civil engineering services include design and plans production for 30 %, 60, 90% and construction documents. Civil engineering services also include the compiling of technical specifications, overall maintenance of traffic (MOT) plans, engineer's opinion of probable construction cost, permitting services, and post- design services, as outlined below. • gai consultants transforming ideas into reality,,.. © 2013 GAI Consultants, Inc. Mr. William Smith August 8, 2013 GAI Project No. A130471.00 Page 5 Notes., Meetings and coordination efforts related to Civil Engineering Design and Permitting Services are included in the Project Management/Meeting section (section 3.6) of this proposal. 1.0 — Existing Utility and Infrastructure Review 1.1 GAI will review available storm drainage, potable water, and sanitary sewer utility system data to develop an understanding of the service areas of the various systems and their components relative to the study area. This effort also includes coordination with the identified third party utility providers located within the project area to discuss and better understand the location, age, and condition of their respective systems relative to any upgrade initiatives that could take place during the installation of the proposed storm water improvements. 1.2 Based on the information developed, GAI will conduct a generalized analysis to provide an order of magnitude understanding (excludes modeling efforts) of which potable water and sanitary sewer systems and segments may be impacted due to the proposed storm water improvements. The City of Sanford will be given the opportunity to present proposed upgrades to their systems within the project area. This task will also include the discussion and general evaluation of rehabilitating existing storm water drainage components within the vicinity of the CSX rail line and other areas specifically identified by the City during the site walk- through. GAI understands the timeliness of these efforts related to the potential upgrades of third party utilities. Coordination efforts shall begin early in the design process to provide sufficient time for the third party utilities to respond. However, GAI cannot guarantee the responsiveness of the utility providers nor of the governmental agencies having jurisdiction over the road rights of way. 2.0 — Existing Storm Sewer Level of Service (LOS) Analysis 2.1 GAI will collect, review, and analyze the available hydraulic /hydrologic information related to the City's existing storm sewer system and drainage basins within the limits of the Cloud Branch Phase III drainage sub - basin, and the completed construction of Cloud Branch Storm Water Improvements Phase II. GAI will work with City staff to develop an agreed upon proposed level of service (LOS). 2.2 An existing conditions (pre - development) analysis will be performed using modeling software to understand the LOS and capacity of the City's existing storm sewer system. The results of this analysis will be used to properly size the required storm sewer upgrades within the proposed improvement areas. 2.3 A proposed conditions (post - development) analysis will be performed using modeling software to verify the desired post- improvement LOS has been met. The post - development analysis is an iterative process and will occur during the Design and Construction Document Preparation phase. 3.0 — Design and Construction Document Preparation Using survey, geotechnical report, and the Client provided utility records, GAI will prepare storm water improvement plans and details in sufficient detail as to demonstrate size, type, and location of utility infrastructure elements and roadway rehabilitation limits. Drawings will be provided in AutoCAD and PDF format. Design development will address the following: 3.1 Design of these systems shall be in accordance with applicable federal, state and local laws, statutes, rules, regulations, ordinances, codes and governmental agency requirements (in effect or known to be in effect at the time of design, permitting, or construction) to prepare and submit applications for the identified approvals and permits as applicable to our services and under our control. GAI shall prepare plans as required to apply for regulatory agency permits for gai consultants transforming ideas into reality, © 2013 GAI Consultants, Inc. Mr. William Smith Page 6 August 8, 2013 GAI Project No. A130471.00 construction within this scope of services (SOS). Services shall include necessary details, drawings and specifications required to permit the items specified below and within this SOS. 3.2 Provide the required engineering design /calculations, CAD generated design drawings, and combination of Construction Specifications Institute (CSI) and FDOT formatted specifications related to the design and construction of the proposed storm sewer improvements, including: grading; excavation and filling for the proposed storm sewers; potable and sanitary sewer adjustments/ relocations affected by the proposed storm sewer; horizontal and vertical control; and demolition and reconstruction /restoration of the project areas which, include pavement and pavement markings, curbing, driveway aprons, sidewalks and ADA access ramps, open space /landscape areas, and traffic signage. 3.3 Develop a preliminary maintenance of vehicular and pedestrian traffic (MOT) phasing plan with potential durations graphically presented on an aerial overlay. The objective for developing an initial Phasing Plan is to convey the maintenance of access to businesses and residents as it relates to the proposed construction. The Phasing Plan at this stage is not intended to be for permitting, only for informational presentation. 3.4 Develop demolition plans, details and specifications. This task does not include any environmental remediation design or consultation due to encountered site and /or building environmental issues. 3.5 Coordinate the design development level storm sewer infrastructure, water and sanitary sewer infrastructure, and roadway improvement elements with the following team members/ review agencies: • City Permitting Departments to advance the Project through design review /approval processes. • Advance the utility coordination efforts for the possible relocation of other public utilities (potable water and sanitary sewer) and verify points of service. GAI will schedule and attend two (2) meetings on the Client's behalf. • Coordinate with the Landscape Architect the proposed impact locations to turf areas, trees, and hardscape features. • Prepare for and attend a meeting with the FDOT to discuss the proposed storm water improvements crossing US HWY 17 -92. • Attend bi- weekly design team meetings /conference calls, providing assistance with the civil related issues /items for a one hour (civil) time allotment during this Phase. 3.6 Distribute design development drawing (30% plans) to the Client for review. After receipt of comments, suggestions, and requests, GAI will finalize the design development plans with the noted revisions, and proceed to the next design phase. 3.7 GAI will prepare complete "bid" ready construction plans, specifications, and pertinent documents at a suitable scale for all items described above; including demolition of existing features to be removed, plans, profiles, cross sections, details, and permit drawings. GAI will present the construction documents, and solicit review comments from the City departments at 60 %, 90 %, and 100% completion. The comments will be addressed in the subsequent design submittal as appropriate. 3.8 Develop the required maintenance of vehicular and pedestrian traffic plans for FDOT permitting purposes. Coordinate with City Traffic Management regarding road closures and detours. (Final MOT is not included in this proposal and will be developed and designed by the selected contractor(s) after the Bid /Award phase of the project). gai consultants transforming ideas into reality,,. © 2013 GAI Consultants, Inc. Mr. William Smith Page 7 August 8, 2013 GAI Project No. A130471.00 3.9 GAI will coordinate with the City for the design of sidewalk and roadway restoration and reconstruction. Restoration and reconstruction will comply with City design standards and will consist of new pavement section, patching and repair, and overlay/ restriping as required. 3.10 After receipt of commentary, suggestions and requests from the City at the 60% and 90 %, stages, GAI will perform a value engineering review. This effort will include working with City staff to determine acceptable product or material alternatives and /or other design that will provide a cost savings to the construction of the Project at the same or relatively same performance, reliability, quality, and life cycle cost. An engineer's estimate of probable construction costs for the civil engineering portion of the project, using FDOT Item Average Unit Cost indexes and review of current market bid costs, as part of the 60% and 90% plan submittal package. Note: Statements concerning probable construction cost and detailed cost estimates prepared by GAI represent its judgment as a professional familiar with the construction industry. It is recognized, however, that neither GAI nor the City has any control over the cost of labor, materials or equipment, over the contractors' methods of determining bid prices, or over competitive bidding or market conditions. Accordingly, GAI cannot and does not guarantee that bids, proposals, or actual costs will not vary from any statement of probable construction cost or other cost estimate prepared by it. 3.11 GAI will use front -end bidding documents as provided by the City or standard documents as provided by GAI that are reviewed and approved by the City. GAI will coordinate and assemble technical specifications, design cover sheet and prepare an itemized bid form to be used in the bidding process. GAI will prepare in a format acceptable to the City, all documents for construction of the Project; including but not limited to all designs, drawings, special conditions, general conditions, supplemental conditions, specifications, and bid and Agreement forms. The final design (100 %) will consist of Contract Specifications and Contract Drawings ready to be publicly advertised for bidding by qualified construction contractors. All elements of the final submittals will be provided on a CD in an applicable format to include .pdf, .doc, .dwg and .jpg formats. 3.12 Coordinate the final storm sewer infrastructure, water and sanitary sewer infrastructure, and roadway improvement design with the following team members and review agencies: • Coordinate with the landscape architect on the limits of landscape restoration and irrigation repair, if needed. • Coordinate an internal QA /QC review prior to milestone submissions to the City, FDOT, SRIWMD, and FDEP. • Perform final utility coordination efforts with the City of Sanford Public Works and franchised utility providers, prior to submitting for permit with outside agencies • City Permitting Departments to assure that all City required documents are assembled as a complete bid package. 3.13 Distribute the construction drawing to the Client for review. If required, attend one (1) design team meeting to review and coordinate construction documents. Revise the construction drawings based on comments received from the design team. 4.0 — Permitting Once the Final Construction Plans are complete, GAI will prepare the plans for submittal to the regulatory agencies and governmental departments. The permitting process will include initial submittal and sufficiency responses. GAI shall (i) prepare and submit permit applications, plans and supporting documents to the appropriate agencies or departments, (ii) monitor the review process through bi- weekly • gai consultants transforming Ideas into reality,. © 2013 GAI Consultants, Inc. Mr. William Smith August 8, 2013 GAI Project No. A130471.00 Page 8 contact with the agencies, (iii) promptly respond to the sufficiency comments of each reviewing agency (i.e., within fifteen (15) business days), and (iv) resubmit the revised plans and /or supporting documents following completion of the sufficiency responses. Submittals for approval will be made to the following agencies or governmental departments: 4.1 St. Johns River Water Management District (SJRWMD): 4.1.1 Prepare for and conduct a pre - application meeting with the SJRWMD to discuss storm water permitting requirements and the anticipated Environmental Resource Permit (ERP). 4.1.2 Prepare and submit a SJRWMD application for a Standard General ERP to allow for the construction of the project including: storm sewer system drainage modeling, inlet and storm sewer placement, and ADICPR modeling related to the existing Cloud Branch Phase II onsite storm water management facility. The application and calculations will be submitted for SJRWMD's review and processing. Respond to one (1) SJRWMD request for additional information (RAI). 4.2 City of Sanford: 4.2.1 Prepare and submit a permit application package to the City of Sanford for DRT review and approval. Package will include the civil engineering and landscape architectural construction documents. GAI will meet with City staff, as requested, to discuss the design elements of the plans. Respond to two (2) rounds of review comments. 4.2.2 Provide the required engineer's opinion of probable construction costs for the City permit approval with support from the contractor on unit costs. 4.3 FDEP Water and Wastewater: 4.3.1 Prepare Florida Department of Environmental Protection (FDEP) potable water and /or sanitary sewer system permit packages for submittal and processing, including processing through the City. 4.3.2 Prepare up to six (6) FDEP potable water system or sanitary sewer system permit packages for submittal and processing. 4.4 FDEP National Pollutant Discharge Elimination System (NPDES): 4.4.1 Prepare a required FDEP, NPDES permit package including the required Storm Water Pollution Prevention Plans (SWPPP) for erosion and sediment control. 4.5 FDOT Joint Participation Agreement (JPA): 4.5.1 GAI will coordinate the design and construction documents through initial and final review and permit processing with FDOT. It is our understanding, from discussions with FDOT, that all required FDOT permits will be addressed through a JPA to streamline the permitting process, i.e. drainage, right -of -way, and utility permits. This JPA agreement will also be the contract between the City and FDOT used to secure FDOT potential funding. 4.6 CSX Railroad Coordination & Permitting: 4.6.1 GAI will provide coordination with the CSX Transportation, Inc. (CSX) to secure the first two required permits to construct and operate storm drainage pipelines crossing under the CSX right -of -way at the designated location. Application for Occupancy and Right of Entry are required prior to site survey. 4.6.2 Assist the City staff with the review of CSX's Facility (Utility) Encroachment Form prior to submission to the City Commission for authorization to execute the Agreement. Executed Agreement to be in place upon submission of Permit request • gai consultants transforming ideas into reality,. © 2013 GAI Consultants, Inc. Mr. William Smith August 8, 2013 GAI Project No. A130471.00 Page 9 4.6.3 Review the CSX "Design & Construction Standard Specifications Pipelines Occupancies," "Standard Specifications for Roadbed Construction," and "Construction Submission Criteria" documents; information required for typical jack & bore requirements. Contact CSX's Manager Engineering Services, to determine all requirements have been met. 4.6.3.1 Coordinate with CSX's Chief Engineer and their consultants regarding the proposed installation and requested /required documents to be submitted for the crossing. Hold site meeting if requested by CSX Regional Engineering office 4.6.3.2 Along with the Engineering Plans and Specifications, prepare an Engineer's Estimate of Construction Costs for the designated location, including costs of inspection, flagging, protection of signal cables, etc. 4.6.3.3 Utility Coordination — Crossing Under CSX Railway + Conduct an extensive field review and photograph the designated location of proposed crossing under CSX R/W + Provide two copies of the work site to each identified Utility Owner /Agency (UAO's) one set to be designated with existing facilities and returned to GAI + Coordinate with City staff to designate appropriate Contractor staging a rea + Coordinate with the existing UAO's for the timely relocation or adjustment of facilities impacted by proposed Jack & Bore location Miscellaneous Expenses and costs associated with permitting the CSX crossing to be paid by the City. Fees required for mandatory CSX safety training (prior to construction), and CSX authorized flagmen and inspectors daily costs are the responsibility of the awarded construction contractor. These costs include flagmen @ $1,000 per day, inspectors @ $1200 -$1500 per day, Safety Training @ $200 per person. Anticipated Permit Fees (r)aid by the Citv) are as follows: SJRWMD Environmental Resource Permit = $4,500 FDEP Water and Sewer Permits $650/ each x (6) _ $3,900 FDEP NPDES Permit = $350 CSX Permits = $16,000 Note: GAI will submit and process the entire project, as a whole. Permit phases are not anticipated. 5.0 — Project Management, Meetings, and Reporting 5.1 GAI project management consists of managing the design team and sub - consultants, staying in continuous contact and communications with the City's project manager throughout the duration of the Project, providing design /management team members for attendance at required meetings, preparing meeting minutes, and preparing monthly progress reports. 5.2 GAI will attend and participate in meetings as required to manage and process the project through Design and Permitting as described in the Scope of Services. Anticipated meetings are as follows: ■ One (1) city of Sanford site visit to assess and inventory the limits of proposed improvements within the scoped area. ■ Four (4) City of Sanford meetings to review project status at 30 %, 60 %, 90 %, and 100% • gai consultants transforming Ideas into reality,,.. © 2013 GAI Consultants, Inc. Mr. William Smith Page 10 August 8, 2013 GAI Project No. A130471.00 ■ Four (4) City of Sanford meetings to review utility coordination efforts for the possible relocation of other public utilities (potable water & sanitary sewer) and verify points of service • Eight (8) City of Sanford bi- weekly design team meetings /conference calls providing assistance with the civil related issues /items for a one hour (civil) time allotment during the CD phase. • Three (3) SJRWMD meetings related to design and permitting • Eight (8) FDOT meetings related to the JPA • Four (4) Utility company meetings related to relocation • Two (2) CSX Rail meetings related to section 3.6 • Monthly project progress reports during the design and permitting phase. Note: The meetings required to perform the services outlined in the above section are estimates based on GAI's prior experience. If additional meetings, requests for information (RFI's), and /or project management are required /requested in excess of 10% of the fee shown, GAI will invoice the remaining time on an hourly basis per our standard hourly rates. The additional effort will be documented and backup as to the nature of the effort will be provided to the City. 6.0 — Post Design Services 6.1 Attend one (1) pre -bid meeting in support of the Client. GAI will be available to respond to bidder's questions during the bid period and will respond in writing to requests for additional information. Prepare up to two (2) minor additional or revised drawings and /or specifications as necessary for addenda to be issued. 6.2 Support the Client in their evaluation of the submitted bids as they relate to the Civil components, completeness, and general accuracy in material selections, quantities, and unit prices. 6.3 Attend one (1) team preconstruction meeting and one (1) additional supplemental team meetings. 6.4 Coordinate scope of services for the civil construction related soils and materials testing services and review the civil related testing reports for project compliance. 6.5 Review and process civil related shop drawings for project compliance. 6.6 Provide up to twenty (20) site visits required for observing project conformance to the civil related contract documents and ultimately providing certifications to regulatory agencies including a "Substantial Completion" and a "Final Completion" site visit with punch lists. GAI will visit the site at appropriate times /intervals to observe and become familiar with the progress and quality of the civil components of work completed to determine if the work is generally being performed in accordance with the Civil Construction Documents. However, GAI will not be required to make exhaustive or continues on -site inspections /observations to check the quality or quantity of work. GAI shall neither have control over or charge of, nor be responsible for, the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the work, since these are solely the Contractor's rights and responsibilities under the contract documents. Note: Each site visit will be followed by a field report to the Client noting deviations from the Civil contract documents. However, GAI shall not be responsible for the Contractor's failure to perform the work in accordance with the requirements of the contract documents. • gai consultants transforming ideas into reality,,, © 2013 GAI Consultants, Inc. Mr. William Smith August 8, 2013 GAI Project No. A130471.00 Page 11 6.7 Review inspection and N reports and logs provided by the Contractor for the civil related components. 6.8 Prepare the required certification(s) to the SJRWMD. 6.9 Prepare certifications to FDEP for potable water system relocation (i.e. signed and sealed as- builts provided by Contractor's surveyor) and reports provided by the Contractor to meet FDEP requirements. 6.10 Based on the above noted site observations, reviewed reports, and supporting data provided by the Contractor, submit a "Letter of General Compliance" for the civil related components of construction to the City of Sanford required for project close out, if required. 6.11 Respond up to ten (10) civil related RFI's by the Contractor. 6.12 Support the Client in their review of Contractor Pay Requests related to the civil components, including evaluating contractor change order requests and making recommendations for final Certificate of Payment. Section 4 — Landscape Architecture 1.0 — Landscape Architecture Support Services 1.1 GAI will review all necessary base information relevant to the extent of construction within the right -of -way. GAI's landscape architects will support the civil engineers in the design of sidewalk and grading /drainage of open space within the project right -of -way. Once the limits of construction are known, GAI's landscape architects will visit the project to determine the extent of the impact of the design upon the existing trees, landscape and overall project site hardscape elements. Section 5 — Grant and SRF Assistance 1.0 — Grant /Cost Share Funding Assistance 1.1 GAI will provide grant /cost share funding assistance, on an hourly basis, to the City of Sanford Staff as required. Services to be included in this task include: ■ Review funding program for previous two (2) phases of the project • Develop a Matrix of potential grant /cost share funding sources for the current Phase of the project. This will include a brief description of the source, summary of the requirements to apply for the funding, deadlines for submission, funding limits, etc. • Based on our knowledge of the City's project and discussions with the various funding agencies, GAI will rank the grant /cost share sources identified as to the highest priority/potential for the City to obtain funds for the project • Prepare a Technical Memorandum that summarizes our findings and recommendations on grant /cost share funding sources for the project as well as a plan of action for obtaining potential funding • Attend up to three (3) meetings to discuss current or potential grant /cost share funding sources Note: Should one or more of the grant funding agencies give indication of a high probability of receiving grant funds through proper application, GAI will submit a separate proposal to the City for that work effort on a case -by -case basis. • gai consultants transforming Ideas into reality. © 2013 GAI Consultants, Inc. Mr. William Smith Page 12 August 8, 2013 GAI Project No. A130471.00 2.0 — State Revolving Fund (SRF) Loan Assistance 2.1 Request for Inclusion (RFI) — Preconstruction Loan: 2.1.1 Draft a CWSRF RFI for preconstruction loan funding for the Project in accordance with the requirements of the Florida Department of Environmental Protection (FDEP). 2.1.2 Draft RFI will be submitted to the City for review and approval. 2.1.3 Final RFI will be prepared for the City's signature and submission to FDEP. 2.1.4 Respond to any questions or comments relative to the RFI on the City's behalf to assure the project receives a listing on the fundable portion of the CWSRF Priority List. 2.1.5 Attend the CWSRF Priority List Management meeting on behalf of the City and report the results of the meeting to the City. 2.2 Preconstruction Loan Application Assistance and Recommendations: 2.2.1 Coordinate with the City's Finance Department and assist the City in preparing the draft preconstruction loan application. 2.2.2 Review the application and provide comments and recommendations relative to the application and application process. 2.2.3 Assist the City in completing the final preconstruction loan application and the submittal to the FDEP. 2.2.4 Assist the City in the preparation of resolutions and certifications necessary to complete the application process. 2.2.5 Coordinate with the City and the FDEP to gain approval of the application. 2.3 Request for Inclusion (RFI) - Preconstruction Loan: 2.3.1 Draft a CWSRF RFI for preconstruction loan funding for the Project in accordance with the requirements of the Florida Department of Environmental Protection (FDEP). 2.3.2 Draft RFI will be submitted to the City for review and approval. 2.3.3 Final RFI will be prepared for the City's signature and submission to FDEP. 2.3.4 Respond to any questions or comments relative to the RFI on the City's behalf to assure the project receives a listing on the fundable portion of the CWSRF Priority List. 2.3.5 Attend the CWSRF Priority List Management meeting on behalf of the City and report the results of the meeting to the City. 2.4 Preconstruction Loan Application Assistance and Recommendations: 2.4.1 Coordinate with the City's Finance Department and assist the City in preparing the draft preconstruction loan application. 2.4.2 Review the application and provide comments and recommendations relative to the application and application process. 2.4.3 Assist the City in completing the final preconstruction loan application and the submittal to the FDEP. 2.4.4 Assist the City in the preparation of resolutions and certifications necessary to complete the application process. 2.4.5 Coordinate with the City and the FDEP to gain approval of the application. • gai consultants transforming ideas into reality,,; © 2013 GAI Consultants, Inc. Mr. William Smith Page 13 August 8, 2013 GAI Project No. A130471.00 2.5 Preconstruction Loan Agreement Review and Recommendations: 2.5.1 Once the City has submitted the Preconstruction Loan Application, the FDEP will prepare a Draft Preconstruction Loan Application. The GAI Team will work with the City to review this loan agreement and make recommendations. Services to be performed as part of this task include: 2.5.1.1 Review the draft preconstruction loan agreement that will be prepared by the FDEP. 2.5.1.2 Provide comments and advise the City as to the provisions of the draft agreement. 2.5.1.3 Communicate with the FDEP to negotiate any needed revisions to the draft agreement. 2.5.1.4 Respond to comments and questions on the City's behalf. 2.5.1.5 Provide guidance on the execution and filing of the final agreement with the FDEP. 2.5.1.6 Provide draft resolutions and certifications as needed to complete the Loan Agreement process. Coordinate with the FDEP to gain approval of the final preconstruction loan agreement. 2.6 Facilities Plan Preparation Services: 2.6.1 As part of the Loan Requirements for the CWSRF Program, a Facilities Plan must be prepared. The GAI Team will work with the City to prepare the Facilities Plan, including the Capital Financing Plan for the Project. Services to be performed as part of this task include: 2.6.1.1 Preparation and submittal of a Facilities Plan in accordance with the guidelines and requirements of the FDEP. 2.6.1.2 Coordinate with the City's Finance Department to prepare the Capital Financing Plan as a part of the Facilities Plan. 2.6.1.3 Assist in the response to comments or questions from the FDEP relative to the Facilities Plan 2.6.1.4 Coordinate with the FDEP for clearinghouse review and to gain final approval of the Facilities Plan. 2.7 Facilities Plan Public Participation and Adoption Process: 2.7.1 Per FDEP Requirements, the City must present the Facilities Plan at a public hearing for adoption. Services to be performed as part of this task include: 2.7.1.1 Advise the City as to the requirements for the advertising and conducting a public hearing to present the Facilities Plan to the public for review and comment. The City will consider the adoption of the Facilities Plan after the public hearing is concluded. 2.7.1.2 Attend and participate in the public hearing and assist the City in any responses to comments or questions received from the public. 2.7.1.3 Provide a draft resolution for the City's adoption of the Facilities Plan. 2.7.1.4 Assist the City in preparing information relative to the hearing for submittal to the FDEP as required by the FDEP. • gai consultants transforming Ideas Into reality, © 2013 GAI Consultants, Inc. Mr. William Smith August 8, 2013 GAI Project No. A130471.00 2.8 Construction Contract Document Preparation Services: Page 14 2.8.1 The GAI Team will work with the City and FDEP in preparation of contract documents with conditions and provisions as may be required by the FDEP for bidding purposes. Services to be included as part of this task include: 2.8.1.1 If required by the FDEP, assist the Engineer in obtaining appropriate wage rates and related documents for compliance with the federal Davis -Bacon Act and other compliance requirements for inclusion in the bidding documents. 2.8.1.2 Advise the City in the preparation of the site certification and other supporting documents as may be required to obtain approval of the FDEP. 2.8.1.3 Coordinate with the FDEP to assist in gaining approval of the plans, specifications, contract documents, and supporting documents so that the project is ready for bidding. 2.9 Request for Inclusion (RFI) — Construction Loan: 2.9.1 The GAI Team will work with the City to prepare and submit a Request for Inclusion (RFI) for a Construction Loan through the Clean Water SRF (CWSRF) Program. Services to be performed as part of this task include: 2.9.1.1 Draft a CWSRF RFI for construction loan funding for the Project in accordance with the requirements of the FDEP. 2.9.1.2 Draft RFI will be submitted to the City for review and approval. 2.9.1.3 Final RFI will be prepared for the City's signature and submission to FDEP. 2.9.1.4 Respond to any questions or comments relative to the RFI on the City's behalf to assure the project receives a listing on the fundable portion of the CWSRF Priority List. 2.9.1.5 Attend the CWSRF Priority List Management meeting on behalf of the City and report the results of the meeting to the City. 2.10 Construction Loan Application Assistance and Recommendations: 2.10.1 The GAI Team will work with the City to prepare and submit the Construction Loan Application through the Clean Water SRF (CWSRF) Program. Services to be performed as part of this task include: 2.10.1.1 Coordinate with the City's Finance Department and assist the City prepare the draft construction loan application. 2.10.1.2 Review the application and provide comments and recommendations relative to the application and application process. 2.10.1.3 Assist the City in completing the final loan application and the submittal to the FDEP. 2.10.1.4 Assist the City in the preparation of resolutions and certifications necessary to complete the application process. 2.10.1.5 Coordinate with the City and the FDEP to gain approval of the application. 2.11 Construction Loan Agreement Review and Recommendations: 2.11.1 Once the City has submitted the Construction Loan Application, the FDEP will prepare a Draft Construction Loan Application. The GAI Team will work with the City to review this • gai consultants transforming Ideas into realityv © 2013 GAI Consultants, Inc. 7 Mr. William Smith August 8, 2013 GAI Project No. A130471.00 Page 15 loan agreement and make recommendations. Services to be performed as part of this task include: 2.11.1.1 Review the draft construction loan that will be prepared by the FDEP. 2.11.1.2 Provide comments and advise the City as to the provisions of the draft agreement. 2.11.1.3 Communicate with the FDEP to negotiate any needed revisions to the draft agreement. 2.11.1.4 Respond to comments and questions on the City's behalf. 2.11.1.5 Provide guidance on the execution and filing of the final agreement with the FDEP and provide draft resolutions and certifications as needed to complete the process. 2.11.1.6 Coordinate with the FDEP to gain approval of the final construction loan agreement. 2.12 Procurement Process — Proposal Development: 2.12.1 Advise and assist the City in the preparation of procurement documents and requests for qualifications (RFQ) or bid advertisements that meet the procurement requirements of the FDEP. 2.12.2 Review the draft RFQ or bid advertisements and offer advice and comments as needed to satisfy the FDEP procurement guidelines. 2.12.3 Represent the City and coordinate with the FDEP to gain approval of the City's procurement process. 2.13 Pre -Bid, Pre - Proposal Conference: 2.13.1 Prepare for and attend the Pre -Bid or Pre - Proposal conference, as requested by the City, to respond to questions and comments relative to the SRF program compliance process and requirements. 2.13.2 If a written response to questions is needed, assist the City in the preparation of the response. 2.14 Construction Award Package: 2.14.1 Advise the City in the assembly and submittal of the bid package to the FDEP for approval. 2.14.2 Upon approval of the bid award package by the FDEP, advise the City in submitting the required awarded contract documentation to the FDEP for approval. 2.14.3 Represent the City and coordinate with the FDEP to gain approval to award the contracts and issue a Notice to Proceed. 2.15 Pre - Construction Conference: 2.15.1 Prepare for and attend the Pre - Construction Conference, as requested by the City, to provide guidance to the construction contractors relative to the SRF program compliance process and requirements that apply during construction. 2.15.2 Provide responses to questions and comments. If a written response to questions is needed, GAI Team will assist the City in the preparation of the response. 0 2013 GAI Consultants, Inc. gai consultants transforming Ideas into reality,,; Mr. William Smith August 8, 2013 GAI Project No. A130471.00 2.16 Construction Progress Meetings: Page 16 2.16.1 Prepare for and attend Construction Progress Meetings with the City, Engineer and contractors, as requested by the City, to respond to questions and comments and to provide guidance relative to the SRF program compliance process and requirements. • The status of any compliance issues that arise during construction will be addressed. • Any needed corrections to submitted documents will be presented. • Program updates or program requirement changes will be presented. 2.16.2 Review Change Orders for SRF eligibility and assist the City in gaining approval of the FDEP for Change Orders. 2.16.3 Advise the City and assist in settling any issues with the contractors or the FDEP relative to the SRF program requirements. 2.17 CWSRF Disbursement Requests: 2.17.1 Gather and assemble the contractor(s) monthly pay estimates, invoices for engineering services, administrative services, and other CWSRF eligible costs along with supporting documentation as required by the FDEP necessary to prepare the monthly disbursement requests. 2.17.2 Work with the City to verify the contractor(s) work progress and accuracy of the contractor(s) monthly pay estimates. 2.17.3 Review the pay estimates and invoices to verify CWSRF eligibility. 2.17.4 Work with the City to obtain other documentation including the Davis -Bacon certified payrolls, DBE utilization forms, and other documents required by the FDEP from the contractor(s). 2.17.5 Prepare the monthly disbursement requests and submit to the City for review, approval, signing, and submittal to the FDEP. 2.18 SRF Compliance Monitoring: 2.18.1 Assistance with Davis -Bacon Wage Compliance Verification includes periodical interviews with 10% of the on -site work force entitled to Davis -Bacon prevailing wages to verify that contractors or subcontractors are paying the appropriate wages and requires periodic spot checks of a representative sample of weekly payroll data to verify that contractors and subcontractors are paying appropriate wages. Services to be performed as part of this task include: 2.18.1.1 Monitor the Federal Labor Standards Requirements (Davis- Bacon) on a monthly basis. 2.18.1.2 Review the contractor's and subcontractors' weekly certified payrolls for compliance with the Davis -Bacon requirements and notify the City of any exceptions. 2.18.1.3 Work with the City to collect the certified payrolls and monthly MBE /WBE utilization reports from the contractors and subcontractors. 2.18.1.4 Conduct on -site labor interviews as required by the FDEP and submit the labor interview forms on a monthly basis. • gai consultants transforming Ideas into reality,;. © 2013 GAI Consultants, Inc. Mr. William Smith August 8, 2013 GAI Project No. A130471.00 Page 17 2.18.1.5 Advise the City in the maintenance of files of original copies of compliance documentation forms as required for inspection by the FDEP, auditors, and others. 2.18.1.6 Notify the City of any exceptions noted in the review of the submitted documents and assist the City and the Contractor in maintaining compliance with the FDEP requirements. 2.18.1.7 Represent the City and coordinate with the FDEP to settle any issues relating to the Davis -Bacon requirements, MBE /WBE requirements, or other compliance process requirements. 2.19 CWSRF Project Closeout: 2.19.1 Meet with the City and the FDEP for the FDEP final inspection and preliminary project closeout for the CWSRF loan. 2.19.2 Prepare the final disbursement request and assist with the documentation needed for the final administrative closeout by the FDEP. Review and advise the City relative to the final loan amendment that sets the final terms of the loan. 2.19.3 Assist the City and cooperate with the auditor in completing the required project audit that will follow the closeout. 2.20 Continuing Advisory Services: 2.20.1 The GAI Team will work with the City throughout the SRF Loan process on an as needed basis. To the extent that these services are not provided for in the above tasks, services that may be provided as part of this task include: 2.20.1.1 Assist the City, respond to questions, and provide guidance and advice to the City and the City's staff relative to the CWSRF, the funding process requirements, and compliance requirements which include the Davis -Bacon wage rates and DBE participation requirements. 2.20.1.2 Assist as needed and requested by the City and the City's staff to facilitate the flow of funds. 2.20.1.3 Represent the City before the FDEP and others in settling any issues relative to the disbursement process and the compliance monitoring process that may arise during the Project. Schedule GAI will begin work upon receipt of a copy of this Proposal executed and authorized below. GAI will endeavor to complete its Scope of Services and deliver the project deliverable according to the agreed upon schedule, subject to excused delay occasioned by factors beyond GAI's reasonable control. Compensation Compensation for services rendered by GAI will be on a lump sum and hourly basis in accordance with the rates agreed to and incorporated into the Agreement between GAI and the City of Sanford, attached hereto as Exhibit A. GAI will perform the enclosed professional services for the fee summarized below. gai consultants transforming Ideas into reality„ © 2013 GAI Consultants, Inc. Mr. William Smith August 8, 2013 GAI Project No. A130471.00 Section 1— Surveying Services Page 18 Task Description Method of Payment Fee 1.0 Survey Lump Sum $39,480 2.0 Sub - surface Utility Exploration (sub - consultant) Allowance $30,000 Total Section Fee (excluding reimbursable expenses) $69,480 Section 2 — Geotechnical Engineering Services Task Description Method of Payment Fee 1.0 Geotechnical Investigation Lump Sum $21,050 Total Section Fee (excluding reimbursable expenses) $21,050 Section 3 — Civil Engineering Services Task Description Method of Payment Fee 1.0 Existing Utility and Infrastructure Review Lump Sum $12,510 2.0 Existing Storm Sewer Level of Service Analysis Lump Sum $28,500 3.0 Design and Construction Document Preparation Lump Sum $267,690 4.0 Permitting (excluding permit application fees) Hourly $78,620 5.0 Project Management, Meetings, and Reporting Hourly $58,600 6.0 Post Design Services Hourly $20,000 Total Section Fee (excluding reimbursable expenses) $465,920 Section 4 — Landscape Architecture Task Description Method of Payment Fee 1.0 Landscape Architecture Support Services Lump Sum $8,000 gai consultants transforming Ideas into reality,,,. © 2013 GAI Consultants, Inc. Mr. William Smith August 8, 2013 GAI Project No. A130471.00 Page 19 Total Section Fee (excluding reimbursable expenses) $8,000 Section 5 — Grant and SRF Assistance Task Description Method of Payment Fee 1.0 Grant /Cost Share Funding Assistance NTE $5,590 2.0 State Revolving Fund Loan Assistance NTE $TBD Total Section Fee (excluding reimbursable expenses) $5,590 Reimbursable Expenses Reimbursable expenses may include in house and out of house projected costs required to perform and deliver design documents, permit phase services, and construction phase services such as postage, courier services, overnight deliveries, mileage, and minor reproductions. Reimbursable expenses are estimated at $6,000. Reimbursable expenses will be invoiced separately on an actual cost basis. Anticipated Permit Fees Anticipated Permit Fees (to be paid for by the City) Estimated Expense St. John's River Water Management District - ERP $4,500 Florida Department of Environmental Protection (FDEP) - NPDES $350 FDEP - Water and /or Sewer Notice General Permit (estimate of 6) $3,900 CSX Transportation Inc, (multiple permit application fees) $16,000 Total: $24,750 Payment GAI will prepare invoices monthly and payment will be due within thirty (30) days of the date of the invoice. Assumptions and Understandings GAI's Scope of Services, Schedule and Compensation as set forth above have been prepared on the basis of the following assumptions and understandings: 1. Construction Administration Support Services — The City will take on the major role for construction administration services such as inspections, responding to RFI's and Change Orders, maintaining logs, etc. gai consultants transforming ideas into reality.. © 2013 GAI Consultants, Inc. Mr. William Smith August 8, 2013 GAI Project No. A130471.00 Page 20 2. Access to the project site(s) or other land upon which GAI is to conduct any field work will be available to GAI personnel in a timely manner. 3. All exploration locations will be marked and cleared by the Client for the existence of buried utility /piping structures (GAI will coordinate these services for the Client). 4. Client has provided all its requirements for GAI's scope of services and all criteria and /or specifications that GAI should utilize at the time this Proposal is authorized. This includes any requirement for any statement of professional opinion or certification. 5. Client has provided all available information pertinent to GAI's scope of services, including previous reports /drawings; utility information; topo information, etc. at the time this Proposal is authorized. Unless otherwise noted, GAI may rely upon such information. 6. Client will give GAI prompt notice whenever it observes or otherwise becomes aware of any development that affects the scope or timing of GAI's performance. 7. Client will examine and provide comments and /or decisions with respect to any GAI interim or final deliverables within a period mutually agreed upon. 8. Any of Client's other consultant(s) /contractor(s) will cooperate and coordinate with GAI in a timely and efficient manner. 9. GAI's proposed compensation and schedule are based on receipt of authorization to proceed within thirty (30) calendar days of the date of this Proposal. GAI reserves the right to adjust its compensation if authorization to proceed is not received within thirty (30) calendar days. Services Not Included The proposed scope of services and cost(s) assume the following items are excluded from this scope of services: 1. Gas, Telecommunication, Telephone, Cable, and Electric System Design 2. Geotechnical Engineering (coordination of these efforts for civil related items only) 3. Public involvement coordination for notification of commencement of construction, flyers, and utility outage reports, traffic rerouting reports, etc. 4. Fire hydrant flow testing (to be performed by contactor) 5. Permitting Application Fees 6. Redesign /remodel and /or revise construction drawings due to unknown field conditions encountered during construction 7. Maintenance Guidelines 8. Contractor Construction Directives (CCD's) or issuance of revisions 9. Construction Phase Testing (compaction tests, pressure tests, bacteriological tests, concrete and asphalt testing, etc.) 10. Contract Administration of Contractor's Work Program 11. Green /Sustainable Design Services 12. Cost of Major Reproduction of Documents (it is anticipated that the City of Sanford will mass produce documents for permit submittals, resubmittals, project team distribution, and bid and award). • gai consultants transforming Ideas into reality,. © 2013 GAI Consultants, Inc. Mr. William Smith August 8, 2013 GAI Project No. A130471.00 Page 21 13. Public involvement coordination for notification of commencement of construction, flyers, and utility outage reports, traffic rerouting reports, etc. Additional Services The proposed scope of services and cost(s) assume the following items are additional services: 1. Final MOT Design /Permitting. Generalized MOT under this scope of services is for conveying City and FDOT MOT constraints /restrictions to the contractor for Bid purposes only. The MOT design and permitting shall be provided by a licensed professional engineer as a requirement of the selected contractor's scope of work. MOT design and permitting for contractor phasing /logistics will be considered an additional service and is not included in this scope of service 2. Boundary Surveys or Development of Cross Access Easement Documents or Agreement Exhibits, Sketch and/ or Legal Descriptions or Re- platting and associated Recording Fees, Title Search Review, or Construction Easements 3. Dewatering Permitting through FDEP /SJRWMD or other agencies 4. Lift Station /Pump Station Design and Force Main Design 5. Permitting coordination through the Army Corp of Engineers 6. Traffic Studies /Analysis or pedestrian circulation analysis or coordination of their scope of services 7. Environmental site /building assessments /resolutions or mitigation or other services related to identification and remediation of contaminated soils or groundwater 8. Contractor related or other permits /permitting not outlined in this proposal, i.e. construction trailer permits, tree removal permits, right -of -way utilization permits etc. 9. Sanitary or storm water lift station or pumping station design 10. Significant offsite storm water management design other than what is noted herein 11. Fences or walls for screening 12. Structural Design /Inspections other than those noted in this proposal 13. Informational, Non - regulatory or Way finding Signage 14. Additional meetings and out of state coordination meetings and associated expenses 15. Rezoning, Planned Development (PD) or additional planning services not stated in the above scope 16. Site visits to landscape nurseries or suppliers of project materials or equipment 17. Breaking the design of the project out into multiple construction phases and bid packages, or additional scope, design, and /or permitting not outlined in this proposal 18. Early Work Permitting 19. Renderings and /or 3D mapping 20. RFI Logs or Change Order Logs or Bid Tabulations or full CEI Services 21. As -Built Certification Drawings (surveyed) 22. Record Drawings and /or BIM 23. Public Involvement 24. Additional Construction Administration Items • gai consultants transforming Ideas into reality,,, © 2013 GAI Consultants, Inc. Mr. William Smith August 8, 2013 GAI Project No. A130471.00 Proposals for these additional services can be provided by GAI at the request of the Client. Page 22 Please do not hesitate to contact me at (407) 423 -8398, if you have any questions or wish to discuss this Proposal. Sincerely, GAI Consultants, Inc. 4�� Robert A. Schanck, P.E. Director of Engineering Attachment: Exhibit A — 2013 Corporate Hourly Rate Schedule - CV • gai consultants transforming Ideas Into reality, © 2013 GAI Consultants, Inc. • gai consultants M transforming ideas into reality;,, 2013 Corporate Hourly Rate Schedule - CV Category Contracts Any changes in hourly rates to reflect increases in cost of living, taxes, benefits, etc. will take effect on January 2, 2014. The use of "Engineer" in the titles in the Hourly Rate Schedule applies to professional engineers, geologists, and surveyors. For rate purposes only, the Category also includes other staff members educated and /or trained as engineers, geologists, surveyors, environmental specialists, archaeologists, economists, planners, and others. Category Descriptive Invoice Rate: E10 Principals, Senior Engineering Directors, Senior Directors, Senior Project Directors $ 235.00 E09 Engineering Directors, Directors, Project Directors $ 215.00 Assistant Directors, Senior Managers, Senior Technical Managers, Senior Engineering Managers $ 185.00 E08 Engineering Managers, Engineering Technical Managers, Engineering Technical Leaders, EIT /EI Leaders, Landscape Architect Managers, Senior Project Managers, Design Managers, E07 Managers, Senior CEI Managers, Senior Construction Managers, Senior Managers, Senior $ 160.00 Scientists, Senior Archaeology Managers, Senior Cultural Resources Managers, Senior Survey Managers, Senior Professional Land Surveyors, Utility Coordination Assistant Engineering Managers, Assistant Engineering Technical Managers, Assistant EIT /EI Leaders, Assistant Technical Leaders, Assistant Landscape Architect Managers, CEI Managers, Construction Managers, Project Managers, Managers, Science Managerial Professionals, E06 Planning Managers, Geological Managers, Hydrogeological Managers, GIS Managers, GIS $ 145.00 Technical Leaders, Environmental Managers, Environmental Technical Leaders, Wetlands Technical Leaders, Archaeology Managers, Cultural Resources Managers, Cultural Resources Technical Leaders, CAD Managers, Professional Land Surveyors, Lab Managers Senior Project Engineers, Senior Project EIT /EIs, Senior Project Technical Specialists, Senior Project Schedulers, Senior Project Landscape Architects, Senior Project Construction Specialists, Field Crew Supervisors, Assistant Survey Managers, Assistant Survey Project Managers, Assistant E05 Hydrogeological Managers, Assistant Technical Leaders (Scientists), Geological Technical Leaders, $ 130.00 Assistant Planning Managers, Assistant Planning Technical Leaders, Assistant GIS Managers, Assistant GIS Technical Leaders, Assistant Environmental Managers, Assistant Environmental Technical Leaders, Assistant Cultural Resources Managers, Assistant Cultural Resources Leaders Project Engineers, Project EIT /EIs, Project Technical Specialists, Project Landscape Architects, Project Schedulers, Project Construction Specialists, Senior Project Hydrogeologists, Senior Project $ 115.00 E04 Geologists, Senior Project Materials Specialists, Senior Project GIS Specialists, Senior Project Environmental Specialists, Senior Project Cultural Resources Professionals Senior Engineers, Senior EIT /EIs, Senior Technical Specialists, Senior Landscape Architects, Senior Schedulers, Senior Construction Support Specialists, Senior Utility Specialists, Senior Utility Rate & E03 Funding Specialists, Project Hydrogeologist, Project Materials Specialists, Project Planners, Project $ 95.00 GIS Specialists, Project Environmental Specialists, Project Cultural Resources Professionals, Lab Supervisors Engineers, EIT /EIs, Technical Specialists, Landscape Architects, Utility & Funding Specialists, Utility Specialists, Construction Support Specialists, Senior Geological Specialists, Senior Materials $ 70.00 E02 Specialists, Senior Planners, Senior GIS Specialists, Senior Environmental Specialists, Senior Cultural Resources Specialists, Assistant Lab Supervisors Geological Specialists, Materials Specialists, Land Specialists, Planners, GIS Specialists, $ 50.00 E01 Environmental Specialists, Archeologists, Architectural Historians, Cultural Resources Specialists Page 1 of 2 The Non - exempt personnel categories shown below are subject to overtime rate. Category Descriptive Invoice Rate: Senior Lead Project Designers, Senior Lead Project CMTs, Senior Lead Business/Technical $ 110.00 N06 Coordinators, Senior Lead Project Administrative Assistants, Senior Lead Office Coordinators CI -2 (CMS), TCIS -3 (CMS), TCM- 1(CMS), TCM -2 (CMS), Senior Lead CMTs, Senior Survey Crew Chiefs, Senior Lead Cultural Resources Technician, Senior Lead Designers, Senior Lead CAD $ 95.00 N05 Operators, Lead Business & Technical Coordinators, Senior Lead Administrative Assistants, Lead Office Coordinators TCI -3 (CMS), TCIS -2 (CMS), Lead CMT, Senior Inspectors (FL Only), Senior Lead Construction Technicians, Senior Lead Technicians, Survey Crew Chiefs, Senior Lead Cultural Resources $ 85.00 N04 Technician, Lead Designers, Lead CAD Operators, Lead Administrative Assistants, Senior Office Coordinators TCI -2 (CMS), TCIS -1 (CMS), Senior CEI - CSS, Senior CMTs, Lead Construction Technicians, Lead Technicians, Lead Survey Technicians, Lead CR Technicians, Senior Designers, Senior CAD $ 65.00 NO3 Operators, Business & Administrative Coordinators, Senior Administrative Assistants, Office Coordinators CEI - CSS, TCI -1 (CMS), TCI- 1(CMS), TA -1 (CMS), CMTs, Senior Construction Technicians, Senior NO2 Technicians, Senior Survey Technicians, Senior Cultural Resources Technicians, CAD Operators, $ 55.00 Administrative Assistants, Senior Office Assistants Construction Technicians, Technicians, Survey Technicians, Cultural Resources Technicians, Office $ 35.00 N01 Assistants N/A Survey Crew - 4 Person (including Survey equipment and vehicle) $ 185.00 ]Survey Survey Crew - 3 Person (including Survey equipment and vehicle) $ 165.00 EN/A N/A Crew - 2 Person (including Survey equipment and vehicle) $ 135.00 Corp 1 -Rate-CV-Rev. 1/2013 Page 2 of 2