1094-CPH-Work Order 9WORK ORDER NO. 9
TO
City of Sanford Contract With
CPH Engineers, Inc.
RFSOQ 01/02-28
.s..Wo!k Order N,o. 9 dated thiA.~, day of~/,'~g:~,/_../~ 2~,~/' .
p/~T'h;vlOUSly emerea in[o on the 15th day of No'~mber, 2004~by and'b;tw~een th[° c,i,,a, Contract
.......... ~, 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 "City 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 construction phase
engineering and inspection services for the _2.4th Place Sewer Replacement.
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 sewer along 24th Place that is prone to overtopping west of US 17-92
due to deteriorated infrastructure, subsidence due to unstable soils, sags in the system.
The CONSULTANT has prepared for the CITY construction plans for the replacement of a
portion of this sewer.
Amendment No. 84-83 states that Construction Engineering and Inspection Services for the 24th
Place Sewer Replacement shall be provided under separate authorization.
SECTION 2
SPECIFIC SERVICES OF THE CONSULTANT
The CONSULTANT agrees to perform professional engineering services in connection with the
project as hereinafter stated.
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2.1.1
2.1.2
The CONSULTANT will serve as the CITY's professional engineering representative in those
phases of the project to which this Scope of Services applies, and will give consultation and
advice to the CITY during the performance of his services.
2.1 General Services of the CONSULTANT
The CONSULTANT agrees to perform professional 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 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.
2.1.3 Throughout the construction phase, the CONSULTANT will prepare monthly written
progress reports, to be submitted to the CITY.
2.1.4 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.
2.2 Construction Engineering and Inspection (CEI) Services
2.2.1 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.
2.2.2
2.2.3
2.2.4
For the purposes of this Scope of Services, it is assumed construction phase services
will occur over a period of 150 (one hundred fifty) days, or 120 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.
The CONSULTANT will attend and represent the CITY at preconstruction, progress and
project closeout meetings with the Contractor, surveyors or layout personnel and
construction quality control testing personnel. The CONSULTANT will also review and
monitor Contractor's construction schedule and advise CITY of any anticipated project
delays and/or early completion indicated through such review and through construction
progress observation.
The CONSULTANT will 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.
2.2.5 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
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J:/S0670 01/Contract/Work Order No. 9 - 24th pJ CEj doc
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 CONSULTAN-T in good faith.
2.2.6 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
no time be considered as a legal obligat on of the CONSULTANT. shall at
2.2.7 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, se.q, uences, or
procedures or the safety precaut ohs incidental thereto. The CONSULTANT s efforts will
be directed toward providing assurance to the CITY that the completed project will
substantially conform to the contract, plans, and specifications, but the CONSULTANT
will not be responsible for the Contractor's failure to perform the construction work in
accordance with said documents. Based on on-site observation as an experienced and
qualified design professional, the CONSULTANT will keep the CITY informed as to the
progress of the work, will endeavor to guard the CITy against defects and discrepancies
and will Coordinate with the CITY and the Contractor as to disapproving or rejecting work
which fails to meet the project plans, specifications or other Contract Documents.
2.2.8 The CONSULTANT will provide inspection services which amount to approximately ten
(10) 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-
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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 thereo0 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.
2.2.9 CITY will provide inspection services that will supplement the estimated 10 hours per
week of inspection conducted by the CONSULTANT. The CONSULTANT
CITY inspectors in order to fulfill obligations described under this Section 2. will rely on
2.2.10 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
¢iScrepancies in the Work nor for the Contractor's failure to perform the construction work
m accordance with the plans, specifications or other contract documents.
2.211 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.
Z2.12 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.
2.2.13 The CQNSULTANT will review Contractor provided record drawings/surveys and other
as-built data for installed facilities and bring any apparent discrepancies between the as-
oCoO. s t U. TANT w,,, Coord,nate w,th theSl
built conditions and the design condition o .the, attention of the CITY The
[rucdon record drawings -ri . .. on[factor regarding orovi ' '
~ p or [o rmalon-site ...... · . _ sion of the
The CONSULTANT will also prepare and furnish to the CITY three signed and sealed
,,,~puuuons and punch list preparation.
sets of record drawings and one electronic copy (PDF or ACAD format) of the record
drawings showing those changes made during the construction based on the data noted
above.
2.2.14 The CONSULTANT will prepare statements of completon (qualified if necessary)
certifying completion of the work, and submit statements in accordance with the Contract
Documents, regulatory agencies and CITY requirements.
2.2.15 Limited subconsultant services for geotechnical testing (construction quality control on
an as-needed basis) are included.
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2.2.16 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
The engineering fee for the services described herein shall not exceed $46,130.00,
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 prior 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.
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.
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J:1S0670 01/Cr~ntract/Work Order No 9 - 24th PI CEIdoc
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 Provide topographic and land acquisition boundary surveys.
4.3 Provide through subconsultants specialist services including real estate or right-of-way
agents, financial or budgetary consultants, and bookkeeping or account ng services. If
these services are subsequently determined adv sable CJuring the course of work, they
may be considered for authorization as an additional service under this section or
separately provided by the CITY.
4.4
4.5
4.6
4.7
4.8
4.9
4.10
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.
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.
Additional services resulting from public protests, administrative hearings, or similar
matters.
Preparing to serve and/or serving as an Expert Witness for the CITY in any litigation,
public hearing, 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.
Additional engineering services required by revisions to regulations (after the date of this
Amendment) as applicable to the Florida Department of Environmental Protection, the
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.
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The CITY will:
5.1
5.2
SECTION 5
CITY RESPONSIBILITIES
5.3
5.4
Advise the CONSULTANT of his requirements for the proiect 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.
5.5
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.
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.
SECTION 6
GENERAL CONDITIONS
6.1 Since the CONSULTANT has no control over the cost of labor, materials, or equipment
or over any construction Contractor's method of determining prices, 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
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6.2
6.3
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 o~ 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)
J~net Dougherty - City Cl~,¢k ~/
City of Sanford, Florida
Robert P. y~.J.~ City Manager
CONSULTANT:
.,~T1TEST & SEAL)
Linda M. Gardner - Secretary/Treasurer
CPH Engineers, Inc.
~ .
[Savid A. Gierach, P.E. - President
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EXHIBIT "A"
PLAN OF STUDy
TIME AND COST ESTIMATE
CEI SERVICES
24TH PLACE SEWER REPLACEMENT
sets of Contract Documents for Con ractor and City use during
construct on
BREAKDOWN
Cost 0ased on Standard Billing Rates
Reimbursed Expenses
Survey (Construction Survey Control)
Geotechnical Subconsu~tant (Limited Quality Control Testing)
$~o.oo
$250.£
$20
$90.0
$41,?05.00
$825.00
$600.00
1/12/2006 12 57PM