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1090-CPH-WO10-CR46A Aiport BlvdWORK ORDER NO. 10 TO City of Sanford Contract With CPH Engineers, Inc. RFSOQ 01/02-28 This Work Order No. 9 dated this /_~, day of ~i\c~x,c.l~. 200 (~, to a Contract previously entered into on the 15th day of November, 2004, by and between the City of Sanford, Florida, hereinafter referred to as the CITY, and CPH Engineers, Inc., hereinafter referred to as the CONSULTANT, is mutually agreed upon and declared an extension of the original Contract entitled 'C'ty of Sanford Contract with CPH Engineers, Inc. for RFSOQ 01/02-28". It is the intent of this Work Order to provide for Engineering Services in connection with the design, construction phase engineering and inspection services for the CR 46A - Airport Blvd. Utility .Relocat ons. In the event of a conflict between this Work Order and the original Contract, the provisions of this Work Order shall apply for the work described herein. SECTION 1 GENERAL The CITY has an existing 24" water main and 12" force main along CR 46A between Larkwood Drive and Idyllwilde Drive that are to be relocated in association with Seminole County's roadway widening project. These relocations are to be coordinated with the County and its Contractor since certain work by the County needs to occur before these utilities can be relocated, and some of the utility relocations need to occur before some of the road construction activities. The CITY has worked with the County and needs to provide reclaimed water to County's CR 46A landscape areas, that will be provided via an extension of a reclaimed water main along Airport Boulevard from Country Club Road to CR 46A. The CONSULTANT has prepared preliminary plans and has coordinated with the CITY and County for these utility relocations. J:~S0620.22\Contr act\Wor k Order NO, 10 - CR 46A-Airport,doc Page 1 of 9 SECTION 2 SPECIFIC SERVICES OF THE CONSULTANT The CONSULTANT agrees to perform professional engineering services in connection with the project as hereinafter stated. The CONSULTANT will serve as the CITY's professional engineering representative in those phases of the project to which this Scope of Services applies, and will give consultation and advice to the CITY during the performance of his services. 2.1 General Services of the CONSULTANT 2.1.1 The CONSULTANT agrees to perform professional services in connection with the project as hereinafter stated. 2.1.2 2.1.3 2.1.4 2.2 The CONSULTANT will serve as the CITY's professional engineering representative in those phases of the project to which this Amendment applies and will meet, consult with, and provide advice to the CITY during the performance of these services. The CONSULTANT will perform the services for the City Commission under the direction of the City Manager or his designated representative. Throughout the construction phase, the CONSULTANT will prepare monthly written progress reports, to be submitted to the CITY. Attached as Exhibit "A", is a Plan of Study which is hereby made a part of this Amendment showing the scope of work contemplated, the time estimates, and overall cost estimates for the initial scope of work generally described herein. Final Design Phase Services 2.2.1 2.2.2 The CONSULTANT will coordinate with the County relating to road construction and utility construction including sequencing. The CONSULTANT will prepare utility construction plans (1500 linear feet route) consisting of: Cover Sheet Summary of Quantities Key Sheet General Notes Plan and Profile - Airport Blvd. (2 Sheets, 1" = 20' Scale) Plan and Profile - CR 46A (2 Sheets, 1" = 20' Scale) Cross Sections - CR 46A (5 Sheets) Utility Detai~s The plan and profile and cross section drawings will be prepared using base drawings provided by the County's roadway design consultant. J:/S0620 22~Cont ra ct\WOCk Order NO. 10 - CR 46A-Airpod.doc Page 2 of 9 2.2.3 The CONSULTANT will prepare the Project Manual consisting of Sequencing Requirements, Bidding and Contract Requirements, and specifications. 2.2.4 The CONSULTANT will review the plans and Project Manual with the CITY. 2.2.5 The CONSULTANT will review the plans and sequencing requirements with the County. 2.2.6 The CONSULTANT will prepare the project permit applications (FDEP and County). 2.2.7 The CONSULTANT will revise the plans, sequencing requirements, and Project Manual based on City, FDEP, and County review. 2.2.8 2.2.9 2.2.10 2.2.11 2.3 2.3.1 The CONSULTANT will prepare an opinion of probable construction cost based on final plans and permitting. The CONSULTANT will submit 100% plans and Project Manual to City. The CONSULTANT will provide bidding services consisting of preparation of the Bid Advertisement, distribution of bidding documents, answering bidder questions, and preparing addenda. The CONSULTANT will provide award phase services including preparation of a bid tabulation, contacting Iow bidder references, reviewing bidder provided bonds and insurance certificates, preparing contract award recommendation to City, preparing contracts and Notice to Proceed documents for City execution. Construction Engineering and Inspection (CEi) Services The CONSULTANT will advise and consult with the CITY concerning the construction activities and act as the CITY's representative as provided in the General Conditions of the Contract Documents concerning construction administrative matters as hereinafter described. 2.3.2 For the purposes of this Scope of Services, it is assumed construction phase services will occur over a period of 60 (sixty) days, or 60 days from the Notice to Proceed to Substantial Completion and 30 days from Substantial Completion to Final Completion, in accordance with the proposed construction contract between CITY and the Contractor. 2.3.3 The CONSULTANT will attend and represent the CITY at preconstruction, progress and project closeout meetings with the Contractor, surveyors or layout personnel and construction quality control testing personnel. The CONSULTANT will also review and monitor Contractor's construction schedule and advise CITY of any anticipated project delays and/or early completion indicated through such review and through construction progress observation. 2.3.4 The CONSULTANT will attend the County's roadway preconstruction meeting, and coordinate with the County during construction. Page 3 of 9 2.3.5 The CONSULTANT will check and approve shop drawings, catalog data, diagrams, illustrations, schedules, samples, test and inspection results and other data the Contractor is required to submit, but only as to conformance with the overall design concept of the project and compliance with the Plans, Specifications, and other Contract Documents. 2.3.6 The CONSULTANT will issue all instructions of the CITY to the Contractor and prepare routine Change Orders as required. The CONSULTANT may, as the CITY's representative, require special inspection or testing of the work (whether or not fabricated, installed or completed). The CONSULTANT will act as interpreter of the terms and conditions of the Contract Documents and judge of the performance thereunder by the CITY and the Contractor and will make decisions on all claims of the CITY and the Contractor relating to the execution and progress of the work and all other matters and questions related thereto, but the CONSULTANT shall not be liable for the results of any such interpretations or decisions rendered by CONSULTANT in good faith. 2.3.7 Based on the CONSULTANT's on-site observations as an experienced and qualified design professional and review of the Contractor's applications for payment, supporting data, and information received from the CITY, the CONSULTANT will determine the amounts owing to the Contractor and recommend approval in writing of payments to the Contractor in such amounts. Such recommendations will constitute representations to the CITY, that are expressions of the CONSULTANT's opinion, based on such observations and review, that the work has substantially progressed to the point indicated and that, to the best of the CONSULTANT's knowledge, information and belief, the quality of the work is in accordance with the Contract Documents (subject to an evaluation of the work as a functioning project upon Substantial Completion and to the results of any subsequent tests called for in the Contract Documents and to any qualifications stated in the CONSULTANT's approval). By recommending an application for payment, the CONSULTANT shall not be deemed to have represented that the CONSULTANT has made any examination to determine how and for what purposes the Contractor has used the monies paid on account of the Contract Price, or that title to any of the Contractor's work, materials, or equipment has passed to the CITY free and clear of any liens, claims, security interests or encumbrances. Such representations shall at no time be considered as a legal obligation of the CONSULTANT. 2.3.8 The CONSULTANT will make periodic visits to the work site to observe the progress and report to the CITY as to the amount of work complete, the overall quality of executed work, and observed impediments to the successful contract completion. The CONSULTANT will not be required to make exhaustive or continuous on-site observations as to the quality or quantity of completed work; the CONSULTANT will not be responsible for the construction means, methods, techniques, sequences, or procedures or the safety precautions incidental thereto. The CONSULTANT's efforts will be directed toward providing assurance to the CITY that the completed project will substantially conform to the contract, plans, and specifications, but the CONSULTANT will not be responsible for the Contractor's failure to perform the construction work in accordance with said documents. Based on on-site observation as an experienced and qualified design professional, the CONSULTANT will keep the CITY informed as to the progress of the work, will endeavor to guard the CITY against defects and discrepancies Page 4 of 9 J;IS0620 221Contract\Work Order NO 10 - CR 46A-A rpo~ doc and will coordinate with the CITY and the Contractor as to disapproving or rejecting work which fails to meet the project plans, specifications or other Contract Documents. 2.3.9 The CONSULTANT will provide inspection services which amount to approximately fifteen (15) hours per week during construction. The CONSULTANT will provide on-site observation and inspection of installed work and work in progress, and verify Contractor compliance with plans, specifications, change orders and field directives. The CONSULTANT will observe work during execution to observe construction methods and techniques, and will selectively observe delivered materials on-site or at their source (not including materials testing) as to compliance with the Contract Documents. Neither full- time observation at any work site nor observation of all work sites while Contractor is working is anticipated as necessary. If it is determined that, due to construction progress (or lack thereof) or other related matters that additional time and cost or other changes than enumerated in this scope of services are required to adequately address the construction inspection or administration items; then the CONSULTANT is obligated to bring this situation to the CITY'S attention and to furnish services as may be agreed upon and to negotiate a change in the authorized fee. 2.3.10 CITY will provide inspection services that will supplement the estimated 10 hours per week of inspection conducted by the CONSULTANT. The CONSULTANT will rely on CITY inspectors in order to fulfill obligations described under this Section 2. 2.3.11 Through on-site observations of the work in progress and field checks of installed work, materials and equipment, the CONSULTANT will endeavor to provide further protection for the CITY against defects and deficiencies in the work, but this inspection and observation work shall not make the CONSULTANT responsible to find or note all discrepancies in the work nor for the Contractor's failure to perform the construction work in accordance with the plans, specifications or other contract documents. 2.3.12 The CONSULTANT will provide a record of the Contractor's activities throughout the construction, including notations on the nature and cost of any extra work or changes ordered during construction; however, the CONSULTANT is not responsible for the performance of the construction contract by the Contractor. In order to maintain a complete record of activities and changes, the CONSULTANT will rely on the CITY to provide information based on inspections conducted by the CITY. 2.3.13 The CONSULTANT will, in conjunction with other CITY representatives, conduct punch list and final inspections of the in-place work to determine if the work is completed substantially in accordance with the plans, specifications and other contract documents. These inspections shall form the basis for the CONSULTANT's review and recommendation for payment on the Contractor's final pay request. 2.3.14 The CONSULTANT will review Contractor provided record drawings/surveys and other as-built data for installed facilities and bring any apparent discrepancies between the as- built conditions and the design conditions to the attention of the CITY. The CONSULTANT will coordinate with the Contractor regarding provision of the construction record drawings prior to final on-site inspections and punch list preparation. The CONSULTANT will also prepare and furnish to the CITY four sets of record drawings (one set will be signed and sealed) and one electronic copy (ACAD format) of Page 5 of 9 J:'~S0620 221Cont tact IWerk OrOer No 10 - CR 46A-Airport,doc the record drawings showing those changes made during the construction based on the data noted above. 2.3.15 The CONSULTANT will prepare statements of completion (qualified if necessary) certifying completion of the work, and submit statements in accordance with the Contract Documents, regulatory agencies and CITY requirements. 2.3.16 The CONSULTANT shall not be responsible for the acts or omissions of the Contractor or any of the Contractor's, Sub-Contractors, Agents, Employees, or other persons performing any of the work under the construction contract, or of others. SECTION 3 PAYMENT AND CONTRACT TIME Compensation Paid CONSULTANT 3.1 The engineering fee for the services described herein shall not exceed $49,995.00, inclusive of out-of-pocket expenses. Exhibit A attached details costs associated with this work. 3.2 Invoices from the CONSULTANT to the CITY shall not be rendered more often than once monthly. Each invoice shall be properly dated, describing the services rendered, the cost of the services, the name and address of the CONSULTANT, and Purchase Order Number. The original invoice shall be sent to the CITY representative designated as follows: Mr. Paul R. Moore, P.E., Utility Director City of Sanford P O Box 1788 Sanford, FI 32772-1788 3.3 The CITY will make prompt monthly payments in response to the CONSULTANT's monthly statements without retention for all categories of services rendered under this Work Order and for reimbursable expenses and outside consultant costs incurred. 3.4 Charges for services rendered by principals and employees as witnesses in any litigation hearing or proceeding will be computed at a rate of $1,200.00 per day or any portion thereof (but time spent in preparing to appear in any such litigation, hearing or proceeding will be negotiated in accordance with the terms of the Base Contract. 3.5 If this Work Order is terminated during prosecution of the services pdor to completion of the services of Section 2, payments to be made on account of that and all prior work under this Work Order shall be as defined in the Base Contract. 3.6 The CONSULTANT will commence services within seven calendar days of the date of execution of this Work Order and will complete these services within a timely manner. J :lS0620.22\Contr actlw od( Order NO. 10 - CR 46A-Airport.doc Page 6 of 9 3.7 The period of performance of the CONSULTANT's contract shall remain in force from the date of execution of this Work Order until a one-year period has elapsed, at which time compensation for services provided will be subject to re-negotiation. SECTION 4 ADDITIONAL SERVICES OF THE CONSULTANT If authorized by the CITY, the CONSULTANT shall furnish or obtain from others the following additional services, or the CITY may provide these services separately or directly with the provider. Such additional services will be paid for by the CITY as defined in the Base Contract. 4.1 Services due to major changes in the scope of the project or its design including, but not limited to, changes in size, complexity, character of construction or due to time delays in initiating or completion of the work. 4.2 4.3 4.4 Provide topographic and land acquisition boundary surveys. Provide through subconsultants specialist services including real estate or right-of-way agents, geotechnical engineering/testing, financial or budgetary consultants, and bookkeeping or accounting services. If these services are subsequently determined advisable during the course of work, they may be considered for authorization as an additional service under this section or separately provided by the CITY. The services do not include environmental scientist services. The CONSULTANT will provide environmental scientist services including wetland jurisdictional determinations, plant surveys, protected species surveys, and preparation of mitigation plans, if found to be needed. 4.5 Except as otherwise provided herein, services or additional costs associated with revising previously accepted studies, reports, or other documents prepared by the CONSULTANT when such revisions are due to causes beyond the CONSULTANT's control. 4.6 Additional services resulting from public protests, administrative hearings, or similar matters. 4.7 4.8 Preparing to serve and/or serving as an Expert Witness for the CITY in any litigation, public headng, condemnation proceeding, right-of-way or easement acquisition or negotiation, or other legal / administrative proceeding. Furnishing additional sets of prints of drawings and other Documents beyond those designated in Section 2. 4.9 Additional engineering services required by revisions to regulations (after the date of this Amendment) as applicable to the Florida Department of Environmental Protection, the Page 7 of 9 J:\S0620.22\Conlr act IW or k Order NO 10 - CR 46A-Airport doc 4.10 St. Johns River Water Management District, Corps of Engineers, Seminole County, FDOT, or other regulatory agency requirements. Additional services in connection with the project including services normally furnished by the CITY as described in Section 5 herein and services not otherwise provided for in this Agreement. The CITY will: 5.1 SECTION 5 CITY RESPONSIBILITIES 5.2 5.3 Advise the CONSULTANT of his requirements for the project and designate a person to act as the CITY's representative with respect to the work to be performed under this Authorization, and such person shall have complete authority to transmit instructions, receive information, interpret and define the CITY's policies and decisions pertinent to the work covered by this Authorization. 5.4 Obtain and provide data requested that is reasonably available on the project along with operational and maintenance requirements and easement and right-of-way requirements. 5.5 Guarantee access to and make all provisions for the CONSULTANT to enter upon public and private lands as required for the CONSULTANT to perform his work under this Authorization. Make facilities accessible for inspection, including opening of manholes if needed to survey pipeline inverts and sizing, and flagging the horizontal location of CITY owned utilities. Examine all studies, reports, sketches, schedules, and other documents presented by the CONSULTANT and render decisions pertaining thereto within a reasonable time so as not to delay the work of the CONSULTANT. Assist in obtaining approval of all governmental authorities having jurisdiction over the project, and such approvals and consents from such other individuals or bodies as may be necessary for completion of the Project. 5.6 Furnish or direct the CONSULTANT in writing to provide at the CITY's expense, any sub-consultant services not designated in Section 2, if advised by the CONSULTANT and CITY concurs that they are necessary. 5.7 Provide such legal, accounting, financial and insurance counseling services as may be required for the project, and such auditing services as the CITY may require. 5.8 Give prompt written notice to the CONSULTANT whenever the CITY observes or otherwise becomes aware of any defect in the Project. Page 8 of 9 SECTION 6 GENERAL CONDITIONS 6.1 6.2 6.3 Since the CONSULTANT has no control over the cost of labor, materials, or equipment or over any construction Contractor's method of determining pdces, any opinion of probable construction cost which may be provided in the services of this Authorization are made on the basis of his experience and qualifications and represent his best judgment as a design professional familiar with the construction industry, but the CONSULTANT cannot and does not guarantee that bids or the construction cost will not vary from opinions of probable cost prepared by him. Similar limitations apply to construction schedules reviewed or prepared by the CONSULTANT. The CITY and the CONSULTANT each binds himself and his partners, successors, executors, administrators and assigns to the other party of this Authorization and to partners, successors, executors, administrators, and assigns of such other party in respect to all covenants of this Work Order. Nothing herein shall be construed as creating any personal liability on the part of any officer or agency of any public body which may be a party hereto, nor shall it be construed as giving any rights or benefits hereunder to anyone other than the CITY and the CONSULTANT. The CONSULTANT agrees to initiate work promptly upon receipt of authorization to proceed and to prosecute the work in an expeditious and timely manner until the Project is completed. IN WITNESS WHEREOF, the parties hereto have made and executed this Authorization the day and year first above written. CITY: (ATTEST & SEAL) City of Sanford, Florida -~ ,,~t Dough~t-y - City Clerk Robert P. Yeh -~,,-~City M~'~ger CONSULTANT: Linda M. Gardner - Secretary/Treasurer CPH Engineers, Inc. ,, David A. Gierach, P.E. - President J:lSO620.22~Contr actlWork Order No. 10 - CR 46A-Airport.doc Page 9 of 9 EXHIBIT "A" PLAN OF STUDY TIME AND COST ESTIMATE DESIGN AND CEI SERVICES CR 46A I AIRPORT BLVD. UTILITY RELOCATIONS :- rDESCRIPT,O. I" J E I T J D I S I FINAL DESIGN PHASE Coordinate with County (Road construction and utility constnJction including sequencing) I 8 8 2 $10.00 2 Prepare utility relocation plans (1500 linear feet route) consisting of Cover Sheet 2 $10.00 Summary of Quantities 1 2 $10.00 Key Sheet I 2 $10.00 General Notes I 1 1 2 1 $10.00 Plan and Profile - Airport Blvd. (2 sheets, 1"=20' scale) 2 8 12 24 1 $20.00 Plan and Profile - CR 46A (2 sheets, 1"=20' scale) 2 8 12 24 1 $20.00 Cross Sections - CR 46A (5 Sheets) 2 2 4 10 1 $10.00 Utility Details 1 1 2 $10.00 Prepare Project Manual consisting of Sequencing Requirements, Bidding and Contract Requirements, Specifications 2 6 6 2 $20.00 Review plans and specifications with City 2 2 $10.00 Review sequencin,q and plans with County 2 2 $10.00 Prepare permit applications (FDEP and County) 4 12 I $20.00 Revise plans, sequencing requirements, Project Manual based on City, County and FDEP review I 4 8 20 1 $30.00 Prepare opinion of probable construction cost based on final plans and permittin~ 1 8 12 $10.00 Submit 100% plans and Project Manual to City 1 $30.00 9 Provide bidding services consisting of preparation of the Bid Advertisement, distribution of bidding documents, answering bidder questions, and preparin~ addenda. 1 4 6 1 $400.00 10 Provide award phase services including preparation of a bid tabulation, contacting Iow bidder references, reviewing bidder ,rovided bonds and insurance certificates, preparing contract award recommendation to City, preparing contracts and Notice to Proceed documents for City execution. 1 2 6 1 $20.00 CONSTRUCTION PHASE SERVICES Soordinate and Attend Preconstruction Meeting, distribute up to 10 sets of Contract Documents for Contractor and City use dudng :onstruction. I 2 2 2 $250.00 Attend County Preconstruction Meeting, coordinate with County Jurin~ construction 8 10 $10.00 Attend Progress Meetin~ls (Bi-weekly) 2 8 2 $10.00 Review of Shop Drawin~ls 1 10 1 $10.00 Administration Dudn~ Construction (60 Day Construction) 2 8 26 1 I $100.00 Inspection Durin~ Construction (60 Day Construction) 4 100 1 $150.00 Review Payment Applications 1 4 12 2 $20.00 Prepare Record Drawings 1 2 4 20 I $90.00 Conduct Final Walk Through and Prepare Punch List 2 10 1 $10.00 10 Prepare FDEP Certifications 2 8 1 $10.00 tOTAL 19 96 283 109 25 $1,320.00 BREAKDOWN Design Phase Construction Phase $24,820.00 FDEP Water and Sewer Permit Fees $24,675.00 $500.00 ~PROJECT TOTAL $49,995.00 ~ D = CADD Technician J:\SO620.22\Cont ract\C R 46A - Airport Design + CEI Scope of Services 2/15/2D06 4;14 PM