1095-CPH-Work Order 6WORK ORDER NO. 6
TO
City of Sanford Contract With
CPH Engineers, Inc.
RFSOQ 01/02-28
This Work Order No. 6 dated thisbe, day of //~,'%~-~r,.~z~,- ,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 "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 final design phase
engineering services and construction phase engineering and inspection services for the
relocation of existing utilities at the I-4 eastbound off ramp at U.S. 17-92.
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 FDOT is proposing construction of a new I-4 off ramp at U.S. 17-92.
The CITY has an existing reclaimed water main along the east side of U.S. 17-92 and existing
light poles on the west side of U.S. 17-92 at the I-4 overpass, which FDOT is requiring to be
relocated.
The CONSULTANT has prepared for the CITY Preliminary Utility Adjustment Drawings, a Utility
Estimate Summary, and Utility Work Schedule as a Preliminary Design Phase Service
conducted under Amendment No. 78-83.
Amendment No. 78-83 states that Final Design, Permitting, Bidding and Construction
Engineering and Inspection Services for the U.S. 17-92 Utility Adjustments shall be provided
under separate authorization.
The FDOT requires final construction plans and execution of a Utility Work Agreement for these
relocations.
J:\S0668 0 l\Contract/Wcrk Order No 6 - US 17-92 Des gn + CEI.doc
Page I 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 final design and 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
The CONSULTANT will conduct preliminary coordination with the FDOT consultant and
CITY, obtain base drawings from FDOT consultant, and prepare Utility Work Agreement
(using FDOT form).
2.2.2 The CONSULTANT will coordinate with the electrical engineering subconsultant,
Electrical Design Associates, for the design of the light pole relocations. Details and
specifications for this work will be included in the Drawings
2.2.3 The CONSULTANT will prepare utility construction plans (1000 linear feet route)
consisting of:
Cover Sheet
Summary of Quantities
Key Sheet and General Notes
Plan and Profile (2 Sheets, 1" = 20' Scale)
Utility Details
2.2.4 The CONSULTANT will prepare the Project Manual consisting of Bidding and Contract
Requirements and specifications.
Page 2 of 9
J:/S0668 011Contract/Wod( Order NO. 6 - US 17-92 Design + CEI doc
2.2.5 The CONSULTANT will review the plans and Project Manual with the CITY.
2.2.6 The CONSULTANT will prepare the project permit applications (FDOT).
2.2.7 The CONSULTANT will revise the plans based on CiTY and FDOT review.
2.2.8
2.2.9
2.2.10
2.2.11
2.2.12
2.3
2.3.1
2.3.2
2.3.3
2.3.4
The CONSULTANT will update the 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 coordinate execution of Utility Work Agreement with CITY,
CITY's attorney, FDOT Consultant, submit final plans to FDOT consultant, and
coordinate plan approval with FDOT consultant.
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.
For the purposes of this Scope of Services, it is assumed construction phase services
will occur over a period of 90 (ninety) days.
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.
J:/S0668 0 ~ IContract/W~'k 0 (/er No. 6 - US 17-92 Design + CEI doc
Page 3 of 9
2.3.5 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
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.
2.3.6 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 shall at
no time be considered as a legal obligation of the CONSULTANT.
2.3.7 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, sequences, or
procedures or the safety precautions incidental thereto. The CONSULTANT's efforts will
be directed toward providing assurance to the CITY that the completed project will
substantially conform to the contract, plans, and specifications, but the CONSULTANT
will not be responsible for the Contractor's failure to perform the construction work in
accordance with said documents. Based on on-site observation as an experienced and
qualified design professional, the CONSULTANT will keep the CITY informed as to the
progress of the work, will endeavor to guard the CITY against defects and discrepancies
and will coordinate with the CITY and the Contractor as to disapproving or rejecting work
which fails to meet the project plans, specifications or other Contract Documents.
2.3.8 The CONSULTANT will provide inspection services which amount to approximately four
(4) hours per week during construction. The CONSULTANT will provide on-site
observation and inspection of installed work and work in progress, and verify Contractor
compliance with plans, specifications, change orders and field directives. The
CONSULTANT will observe work during execution to observe construction methods and
Page 4 of 9
J:/S0668 0 l\Con~ract\Work O der NO 6 - US 17-92 Des gn + GEt.doc
2,3.9
2.3.10
2.3.11
2.3.12
2.3.13
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.
CITY will provide inspection services that will supplement the estimated 4 hours per
week of inspection conducted by the CONSULTANT. The CONSULTANT will rely on
CITY inspectors in order to fulfill obligations described under this Section 2.
Through on-site observations of the work in progress and field checks of installed work,
materials and equipment, the CONSULTANT will endeavor to provide further protection
for the CITY against defects and deficiencies in the work, but this inspection and
observation work shall not make the CONSULTANT responsible to find or note all
discrepancies in the work nor for the Contractor's failure to perform the construction work
in accordance with the plans, specifications or other contract documents.
The CONSULTANT will provide a record of the Contractor's activities throughout the
construction, including notations on the nature and cost of any extra work or changes
ordered during construction; however, the CONSULTANT is not responsible for the
Performance of the construction contract by the Contractor. In order to maintain a
complete record of activities and changes, the CONSULTANT will rely on the CITY to
provide information based on inspections conducted by the CITY.
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.
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 conditons to the attention of the CITY. The
CONSULTANT will coordinate with the Contractor reaarding provision of the
construction record drawings prior to final on-site inspections~and punch list preparation.
The CONSULTANT will also prepare and furnish to the CITY three signed and sealed
sets of record drawings and one electronic copy (PDF or ACAD format) of the record
drawings showing those changes made during the construction based on the data noted
above.
2.3.14 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.
Page 5 of 9
J:/S0668.0 l/Contract/Work Order NO, 6 - US 17-92 Design + CEI doc
2.3.15 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
3.2
3.3
3.4
3.5
The engineering fee for the services described herein shall not exceed $45,955.00,
inclusive of out-of-pocket expenses. Exhibit B attached details costs associated with this
work.
3.6
3.7
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
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.
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.
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.
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.
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.
J:/S0668.01/Contract/Work Order No 6 - US 7-92 Design + CEI.doc
Page 6 of 9
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
Provide topographic and land acquisition boundary surveys.
Provide through subconsultants geotechnical subsurface investigations including backfill
compaction density testing, title searches, or other specialist services including real
estate or right-of-way agents, project or construction management, 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.
4.4
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 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.
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
St. Johns River Water Management District, Corps of Engineers, Seminole County,
FDOT, or other regulatory agency requirements.
4.10 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.
Page 7 of 9
J/S0668 01/ContractlWork Order NO. 6 - US 17-92 Des gn + CEI doc
The CiTY will:
5.1
5.2
5.3
SECTION 5
CITY RESPONSIBILITIES
5.4
5.5
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.
5.6
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.
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
Page 8 of 9
J:/S0668.011Contract Work Order No. 6 - US 17 92 Design + CEI doc
6.2
6.3
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)
"Janet Dougherty - City ~J~rk ~
City of Sanford, Florida
Rob~ P. Ye-I~- City'"l~'rl~ger
CONSULTANT:
(A...T~'EST & SEAL)
~ind~t M; Gardn'er - S~cr~tary/Treasurer
CPH Engineers, Inc.
David A. Gierach, P.E. - President
Page 9 of 9
J:/S0668 01\Comract\Work Order No 6 - US 17-92 Design + CEI.doc
EXHIBIT "A''
PLAN OF STUDY
TIME AND COST ESTIMATE
FINAL DESIGN AND CEI SERVICES
u*S. 17--92 UTILITY RELOCATIONS AT 1'4
~_. e~e,m~nl ~s_rn FDOmform 2 8 4 4 ~1 $3000
~K,e S~an.~eneralNotes f 1 2- 1-- $1000
Plan and Profile ~
~Details 1 1~ ~ 1
Revise lans based on C~nd FDOT revi~ ~ ~ ~ ~ ~ $10~
1 4 ~ ~ ~ $30oo
~~
..... T.T......~ ,,,
~ ~f S~ 12 40 ~-- ~ $6000
$22,20500
$1,200 O0
$340 O0
$23,745.00
11/5/2oo5 10:21,~vl