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301 Palmetto Ave Streetscape Imprvmts�� 14� / EXHIBIT A -1 WORK ORDER FORM applicable to work items less than $50,000 Work Order Number: CPH -013 CITY OF SANFORD, FLORIDA Master Agreement/Contract Number: Q1 1306.116R00 Dated: 2006 Contract/Project Title: Palmetto Avenue Streetscape Improvements (Second St. to Third St.) Solicitation No: Sanford Project No: Purchase Order No: Consultant/Contractor: CPH Engineers, Inc. Consultant/Contractor's Business Address, Phone Number, Fax Number and E -mail address: P.O. Box 2808 Sanford FL 32772. Phone No. 407 - 322 -6841; Fax No. 407 - 330 -0639: E -Mail: jwintert�cphengineers.com or Phu ntCa-D.cphengineers.com ATTACHMENTS TO THIS WORK ORDER: [ ] DRAWINGS /PLANS /SPECIFICATIONS [ X ] SCOPE OF SERVICES [ ] SPECIAL CONDITIONS [ ] PURCHASE ORDER (REQUIRED) METHOD OF COMPENSATION: [ X] FIXED FEE BASIS [ ] TIME BASIS - NOT -TO- EXCEED AMOUNT [ ] TIME BASIS - LIMITATION OF FUNDS TIME FOR COMPLETION: The services to be provided by the CONSULTANT /CONTRACTOR shall commence upon execution of this Work Order by the parties and shall be completed within the time frame of 365 days of the effective date of this Work Order. Failure to meet the stated completion time requirement may be grounds for termination for default. Work Order Amount: Nineteen thousand five hundred and 00/100 Dollars ($19,500.00) NOTE: The total dollars (cumulatively) associated with this Work Order including future change orders shall not exceed $50,000 without City Commission Approval. IN WITNESS WHEREOF, the parties hereto have made and executed this Work Order on the respective dates under each signature by and through its duly authorized corporate officer having the full and complete authority to execute same. A T7FS T. By: Linda Gardner Corporate Secretary or Witness ATTEST. - Janet Dougherty, City Clbfk CONSULTANT /CONTRACTOR: CPH Engineers, Inc. David A. Gierach, Corporate President Date: 11 r 10 CITY OF SANFORD Thomas J. Ge e, Interim City ManAer Date: EXHIBIT "A -1" WORK ORDER TERMS AND CONDITIONS Execution of this Work Order along with an appropriate Purchase Order(PO) by the CITY shall serve as authori- zation for the CONSULTANT /CONTRACTOR to provide goods and /or services for the above project as set out in the Scope of Services which is attached as Exhibit A, to that certain Agreement cited on the face of this Work Order which is incorporated herein by reference as if it had been set out in its entirety and as further delineated in the specifications, which are attached hereto and made a art hereof. The conditions and requirements stated in the listed documents P CONSULTANT /CONTRACTOR shall provide said goods and /or services pursuant to this Work Order, its attachments and the above - referenced Agreement. If this Work Order conflicts with said Agreement, the Agreement shall prevail. TERM: This work order shall take effect on the date of its execution by the CITY and expires upon final delivery, inspection, acceptance and payment unless terminated earlier in accordance with the Termination provisions herein. METHOD OF COMPENSATION: (i) FIXED FEE BASIS. If the compensation is based on a "Fixed Fee Basis," then the CONSULTANT /CONTRACTOR shall perform all work required by this Work Order for the Fixed Fee Amount indicated as the Work Order Amount. The fixed feel is an all- inclusive Firm Fixed Price binding the CONSULTANT /CONTRACTOR to complete the work for the Fixed Fee Amount regardless of the costs of performance. In no event shall the CONSULTANT /CONTRACTOR be paid more than the Fixed Fee Amount. (ii) TIME BASIS WITH A NOT TO EXCEED AMOUNT. If the compensation is based on a "Time Basis Method" with a Not -to- Exceed Amount, then the CONSULTANT /CONTRACTOR shall perform all work required by this Work Order for a sum not exceeding the amount indicated as the Work Order Amount. In no event is the CONSULTANT /CONTRACTOR authorized to incur expenses exceeding the Not -To- Exceed Amount without the express written consent of the CITY. Such consent will normally be in the form of an amendment to this Work Order. The CONSULTANT / CONTRACTOR's compensation shall be based on the actual work required by this Work Order and the Labor Hour Rates established in the Master Agreement. (iii) TIME BASIS WITH A LIMITATION OF FUNDS AMOUNT. If the compensation is based on a "Time Basis Method" with a Limitation of Funds Amount, then the amount identified as the Work Order Amount becomes the Limitation of Funds amount which shall not be exceeded without prior written approval of the CITY. Such approval, if given by the CITY, will indicate a new Limitation of Funds amount. The CONSULTANT /CONTRACTOR shall advise the CITY whenever the CONSULTANT /CONTRACTOR has incurred expenses on this Work Order that equals or exceeds eighty percent (80 %) of the Limitation of Funds amount. The CONSULTANT /CONTRACTOR'S compensation shall be based on the actual work required by this Work Order and the Labor Hour Rates established in the Master Agreement. The CITY shall make payment to the CONSULTANT /CONTRACTOR in strict accordance with the payment terms of the above - referenced Agreement. It is expressly understood by the CONSULTANT /CONTRACTOR that this Work Order, until executed by the CITY, does not authorize the performance of any services by the CONSULTANT /CONTRACTOR and that the CITY, prior to its execution of the Work Order, reserves the right to authorize a party other than the CONSULTANT /CONTRACTOR to perform the services called for under this Work Order if it is determined that to do so is in the best interest of the CITY. The CONSULTANT /CONTRACTOR shall execute this Work Order first and the CITY second. This Work Order becomes effective and binding upon execution by the CITY as delegated by the City Commission and not until then. A copy of this executed Work Order along with a PO will be forwarded to the CONSULTANT /CONTRACTOR at the completion of that action. It is noted that the PO Number must be indicated on all invoices germane to the Work Order. It is noted that the executed PO must be issued prior to proceeding with work identified by this Work Order SCOPE OF SERVICES Palmetto Avenue Streetscape Improvements (Second St. to Third St.) Survey, Design, and Permitting Services January 26, 2010 BASIC SERVICES OF THE CONSULTANT 1.1 The CONSULTANT agrees to perform professional engineering services in connection with the project as hereinafter stated. 1.2 The CONSULTANT will serve as the CITY's professional engineering representative in those phases of the project to which this Scope of Services applies, and will give consultation and advice to the CITY during the performance of their services. 1.3 The purpose of the project is to provide streetscape upgrades consisting of landscape, irrigation, hardscape, and lighting along Palmetto Avenue between Second St. and Third St. The project will eliminate the perpendicular parking at Goodwill. Adjust the existing sidewalk so the resulting walkway is 5' wide concrete plus 4' wide pavers, or a total 9' width. Landscape areas will be provided at the south side of the 2nd Street intersection and the north side of the 3rd St. intersection, and along the east and west sides of Palmetto Ave. (2 -4 locations per side). Lighting upgrades will be consistent with the lighting master plan prepared by the electrical subconsultant (Milan Engineering, Inc. "MEI ") and previous lighting upgrade projects that have been conducted along Palmetto Ave. and Park Ave. designed by CPH and MEI. No stormwater or utility upgrades or relocations are included. The purpose of the project is to improve the visual and functional character of the street in order to encourage business development in the area. Since the purpose of the improvements is to encourage development, the project has been designated to receive funding from the City of Sanford Community Redevelopment Agency (CRA). This Scope includes coordination with the CRA during the design phase. 2.1 Task 1 - Surveying 2.1.1 The CONSULTANT, through its survey department, will conduct a topographic survey limited to the full platted right -of -way of Palmetto Avenue J :26582.00- 2009 \Sanford \Palmetto Avenue \Scope of Services - Palmetto Ave. Streetscape 01- 26- 10.doc Page 1 of 5 SCOPE OF SERVICES Palmetto Avenue Streetscape Improvements (Second St. to Third St.) Survey, Design, and Permitting Services January 26, 2010 from the North right -of -way of Second Street running southerly to 50' south of the south right -of -way line of Third Street. Including the right -of -way delineation as well as the full width of topographic improvements and elevation shots along with visible above ground utility improvements. Survey information related to the right -of -way and lot lines is as follows: The survey will show the monumented location of lot lines, and rights - of -way based on plat maps and records. 2.1.2 Surveying related to the right -of -way and lot lines is as follows: 1. The survey will show the location of easements, lot lines, and rights -of- way based on plat maps and record books. 2. Boundary work to establish the specific field location of property lines, easements, and right -of -way is not included. 3. The surveying includes field locating sufficient monumentation to determine the right -of -way along the route. 2.1.3 The topographic survey will include locating improvements within the right -of- way including mailboxes, driveways, signs, fences and the edge of pavement. 2.1.4 The topographic survey will also include locating above ground visible utility components such as utility poles, traffic signal poles and controller cabinets, transformers, telecommunication service boxes, meter boxes, valve boxes, and hydrants. The survey will also locate flagged utilities, including City of Sanford water mains, reclaimed water mains and sewer force mains flagged by the City. 2.1.5 Isolated trees with a trunk diameter of 3" and larger plus shrubs located within the right -of -way at the proposed construction areas will also be located by survey; however, where there are thick stands of trees and shrubs within the right -of -way along the right -of -way line, the tree line will be located, but a detailed tree survey within these areas is not included. J:26582.00 -2009 \Sanford \Palmetto Avenue \Scope of Services - Palmetto Ave. Streetscape 01- 25- 10.doc Page 2 of 5 SCOPE OF SERVICES Palmetto Avenue Streetscape Improvements (Second St. to Third St.) Survey, Design, and Permitting Services January. 26, 2010 2.1.6 The survey will show spot elevations including swales, edge -of- pavement, and right -of -way line at 50 -ft cross sections, with additional spot elevations shown at structures and changes in grade. 2.1.7 Two signed and sealed surveys will be provided to the City at the completion of the survey phase. 1 at(.j- AL- 2.1.8 Optional Service - If elected by the CITY, the survey identified under tasks 2.1.1 through 2.1.8 will be expanded to include a topographic survey of the full platted right -of -way of First Street from the Oak Avenue to Magnolia Avenue. The proposed base fee in the Work Order does not include the optional surveying scope, but the cost to add the extra surveying is shown in the Work Order if the CITY chooses to have the extra surveying conducted. 2.2 Task 2 - Preliminary Design 2.2.1 The CONSULTANT will prepare preliminary plans showing parking, landscape areas, hardscape features, and storm sewer inlets, and will submit preliminary plans to the City. 2.2.2 The CONSULTANT will meet with the City to review preliminary plans, make minor revisions as requested by City. After meeting with the City, the CONSULTANT will prepare a Preliminary Opinion of Probable Construction Cost (POPCC). 2.2.3 The CONSULTANT will attend one (1) CRA Meeting and present preliminary design and POPCC. 2.2.4 The CONSULTANT will revise the preliminary plans based on CRA review comments 2.3 Task 3 - Final Design and Permitting 2.3.1 The CONSULTANT will hire MEI (the electrical engineering subconsultant), and will coordinate with the electrical engineering consultant relating to the electrical design. A copy of the electrical engineer's proposal is contained in Exhibit A. J: 126582.00- 20091SanfordlPalmetto AvenuelScope of Services - Palmetto Ave. Streetscape 01- 26- 10.doc Page 3 of 5 SCOPE OF SERVICES Palmetto Avenue Streetscape Improvements (Second St. to Third St.) Survey, Design, and Permitting Services January 26, 2010 2.3.2 The CONSULTANT will attend a meeting with City and Electrical Engineer to review the project construction areas, locations of proposed lights, receptacles, and power cabinets. 2.3.3 The CONSULTANT will prepare Construction Plans (90% complete) consisting of: Cover Sheet General Notes Electrical Plans (Prepared by the Electrical Engineering Consultant) Electrical Details (Prepared by the Electrical Engineering Consultant) Hardscape Plans Hardscape Details Landscape Plans Landscape Details Irrigation Plans Irrigation Details 2.3.4 The CONSULTANT will prepare a Project Manual consisting of Technical Specifications and front end bidding documents, update the POPCC and generate an OPCC based on the 90% design. 2.3.5 The CONSULTANT will meet with City to review 90% plans, Project Manual, and OPCC, and make minor revisions as requested by City. 2.3.6 The CONSULTANT will attend one (1) CRA Meeting and present 90% design and OPCC. 2.3.7 The CONSULTANT will revise the plans, project manual, and OPCC based on CITY and CRA review comments, and will submit 100% plans and Project Manual to the CITY. 3.1 Exclusions The following tasks are not included in this Scope of Services: 1. Stormwater Design, including new or relocated inlets and storm sewer 2. Utility Design (other than electrical), including new or relocated water main and water services, hydrants, and meters J:\Z6582.00- 2009 \Sanford \Palmetto Avenue \Scope of Services - Palmetto Ave. Streetscape 01- 26- 10.doc Page 4 of 5 SCOPE OF SERVICES Palmetto Avenue Streetscape Improvements (Second St. to Third St.) Survey, Design, and Permitting Services January 26, 2010 3. Filling out permit applications, payment of permit application fees, and responding to permit application review requests for additional information. 4. Regrading of the existing street and intersections 5. Site Plan Review Submittals, attendance at Site Plan Review Meetings, and preparation of responses to Site Plan Review comments. 6. Attendance at Public meetings, other than attendance at the two CRA meetings identified herein. 7. Geotechnical Investigations. 8. Vertical elevations of storm sewer, sanitary sewer, or existing below grade utilities. J: 126582.00- 2009 \Sanford \Palmetto Avenue \Scope of Services -Palmetto Ave. Streetscape 01- 26- 10.doc Page 5 of 5 EXHIBIT A Electrical Engineering Subconsultant Proposal Palmetto Avenue Streetscape Improvements (Second St. to Third St.) RAN ENGINEERING now Professional Services Proposal & Agreement Client Information: James K. Winter, RLA (hereinafter called "client) > i ec� ®I ef Ltd p � % t� tur@ O "O$-id CF Ff ngipoers, Inc. Oft. 467 -3i2 -67$41 Fx. 407 -330 =0639 Date: Jan 25, 2010 Project Name: Sanford Streetscape Project — Palmetto Ave Project Description: A streetscape / street lighting improvement project for the City of Sanford and the City Community Redevelopment Agency with the following characteristics: 1. Palmetto Ave in Sanford Florida between 2 "d and 3rd St. 2. Light poles to match Sanford Historical District per Master Plan. 3. Dedicated circuit outdoor duplex receptacles located in planter boxes per Master Plan. 4. Integral duplex receptacle per light pole fixture per Master Plan 5. 50A 208V circuits with locking receptacle for special events. 6. Approximately 25% excess capacity for future upgrades Engineering Consultant: Milan Engineering, Inc (hereinafter called "MEP') 925 South Semoran Blvd, Suite 900 Winter Park, Florida, 3279 DESCRIPTION OF SCOPE Milan shall provide client with the following professional services: Design Phase Services (produce construction documents) 1. Pre - design Site Visit. 2. Electrical Load Calculations, Service upgrade riser diagram 3. Lighting controls design specifications 4. Details and specifications, light fixture schedules 5. Create final Technical Specifications (on plans). 6. Provide necessary sets of documents in large format prints. 7. Provide ACAD (base files) and PDF Finished Electrical Plans to CPH. Prints for the Submittals to the City will be the responsibility of CPH. Signed and Sealed Prints for Submittals to the City will be provided by Milan and is included in this proposal. 8. Delivery of signed and sealed prints is included. Mechanical Electrical Plumbing Fire Protection Technology 925 S Semomn Blvd I Suite 100 Winter Park, .=1 32792 t: 407.678.2055 f. 407.678 2.088 Precise Solutions with Prompt Response Page 12 Professional Services Agreement 9. Mileage to and from site & meeting is included within proposal. 10. Modifications of drawings and specifications as a result-of reviews are included as long as the same basic scope has not changed. Interim Design review printing and submittal is anticipated. (2) Interim review submittals are anticipated. 11. Provide opinion on Probable Construction Cost. Services not Included, but can be added if required • Construction Administration or Bidding Phase Services • Cost estimating, scheduling • Bidding or construction phase meetings, negotiation assistance, etc. • Contractor selection assistance, permitting • Construction supervision, inspection or testing • Contractor payment analysis Notice to Proceed The following items are required to be provided to MEI by the Client to commence work: • Site & Landscape plan on CADD. • Signed and executed Professional Services and Agreement as prepared by MEI. If other client forms or contracts are to be used, the Professional Services and Agreement as prepared by MEI shall be made part of that contract and shall be attached to the main contract as prepared by the client. Mechanical Electrical Plumbing Fire Protection Technology 925 S Seinoran Blvd I Suite 100 Winter Park, Fl 32792 t: 407.678.2055 f. 407.678.2088 Precisa Solut!Ons t.jith Pr'om'pt Respor1_,f'. Page 13 Professional Services Agreement GENERAL INFORMATION 1. A copy of the clients prime agreement with the owner or developer shall be provided to MEI upon request. Fees and costs can be deleted from this prime agreement prior to delivery to MEI. 2. MEI is an independent contractor for the part of the project, responsible for methods and means used in performing the services under this Agreement, and is not an employee, agent or partner of the client. 3. MEI is not responsible for change orders, errors, or omissions resulting from lack of information available for renovations of existing building, or conditions of existing system that cannot be seen. MEI shall not be responsible for conducting any testing to determine the extent or existence of hidden or concealed conditions. 4. Services performed by MEI for the Client, under this Agreement, will be conducted in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions. No other representation, expressed or implied, and no warranty is included or intended in this Agreement, or in any report, opinion, document or otherwise. 5. MEI's services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the work. MEI shall not be responsible for damages or delays caused by any factor outside of MEI's control, including, but not limited to, Client's review and decision process, permitting /approval agencies, or Acts of God. 6. During any construction activity, MEI shall not have control over or charge of and shall not be responsible for 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 responsibility under the contract for construction. MEI shall not be responsible for the contractor's schedules or failure to carry out the work in accordance with the contract documents. 7. Construction administration and observation is a continuation of services after the design and documentation process, which provides MEI the vehicle to assure the Client that the project is brought to construction completion in accordance with the intent of the documents and applicable regulations. Should the Client or agent of the Client (other than MEI) choose to perform the construction observation portion of the project services, the Client agrees to assume all responsibilities related to the completed work without MEI participation. MEI shall not provide insurance covering any liability for claims or actions arising from the Client or Client's agent's performance of construction observation service. Construction administration phase will commence after review and approval of permit agency comments. Contractor's failure to comply with the contract documents, or other reasons required modification to the contract documents as prepared by MEI during design phase which require additional work for inspections or approval may result in additional fees per hourly rates as listed within this proposal. Construction administration fee will be billed in full upon commencement of construction administration phase i as indicated on fee schedule. It will be the responsibility of the client to ensure all submittals, RFIs and other construction administration requests are presented to MEI in a timely fashion. In general, it is MEI's estimation that submittals will generally take 7 business days for review and RFI's will take 3 business days for review. This timing may increase based on the complexity and vagueness of the request. In general it will be MEI's best intent to provide a speedy turn around of construction administration services. 8. Any opinion of construction cost prepared by MEI represents MEI's best judgment as a design professional and is supplied for the general guidance of the Client. Since MEI has no control over the cost of labor and material, or over competitive bidding or market conditions, MEI does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to the Client. 9. Drawings, sketches, reports, specifications, computer discs and other documents are instruments of service with respect to the project and all rights of copyright thereof are retained by MEI. MEI shall have no liability in the event any changes are made to the documents by Client or others engaged by Client. 10. If the Client fails to make payment when due to MEI for services and expenses, Client shall be in default of this Agreement, which shall entitle MEI to immediately cease all services as described under this or any other Agreement between the parties. In the event of such suspension, MEI shall have no liability to the Client for delay or damages caused the Client because of such suspension of services. Payment terms are outlined within this agreement. In the event of either termination or project suspension, the Client will pay MEI for services and expenses then due, in addition to any additional charges incurred by MEI by the Client's early termination. Mechanical Electrical Plumbing Fire Protection Technology 925 S Semoran Blvd I Suite 100 Winter Park, FI 32792 t: -107.678.7.055 1. 407.678 2088 Pi,(--.(Js Pl(;1,Pt Rt SPCiiS2 Page 14 Professional Services Agreement 11. Invoices for services and expenses will be billed up to twice a month for work completed. Payment is due upon receipt of invoice and when client receives payment for that portion of fees as billed by MEI. Regardless of when client receives payment, interest will accrue on amounts past due 90 days at a rate of 1 -1/2% per month starting on the 91E` day after initial date of invoice. 12. Client shall make MEI aware immediately of any issues regarding payment from the client's client. Client shall furnish to the MEI, within 21 days after receipt of a written request, information necessary and relevant for the MEI to evaluate, give notice of or enforce lien rights. MEI will lien projects where full payment is not received within 90 days after last date of service on the project by MEI. If the deadline of 90 days past final date of service is being approached, MEI shall have the right to either lien project property or shall have right to extend and additional service at an hourly rate for re- review of contract documents or other work which will constitute continuance of service. 13. In the event any litigation or proceeding is filed based on this Agreement (including any action for declaration relief) the prevailing party shall be entitled to recover its attorney fees, and other associated costs, from the unsuccessful party. Any legal fees incurred by MEI in attempt to collect payment will be billed to client for payment. 14. MEI currently maintains General Liability and Professional Liability Insurance. In recognition of the relative risks and benefits of the project to both the Client and MEI, the risks have been allocated such that the Client agrees, to the fullest extent permitted by law, to limit the liability of MEI and its sub - consultants to the client and to all construction contractors and sub - contractors on the project for any and all claims, losses, costs, damages or claims expenses arising our of negligent acts, errors, or omissions in the delivery of professional services by MEI, so that the total aggregate liability of the MEI and its sub - consultant to all those named shall not exceed MEI's total fee for services rendered on this project. FEE SCHEDULE Design Phase • $5,400.00 Reimbursable Expenses a Plotting is included for in -house check sets, and permitting sets. Delivery is included for permit sets. This Agreement entered into as of the day and year first written above. Milan Representative: Client Representative: ( Signature) p (Signature) Y ?liteSh X,,,.i►`aft, 1 1 9tl,RCi�t Mechanical Elecirical Plumbing Eire Protection Technology (Printed name and title) 925 S Semoran Blvd I Suite 100 'Alinter Park, Fl 62792 t: 407 678.2055 f. 407.678.2038 Precise Solijtions with Prompt Response