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1108-CPH-Worker Order #3WORK ORDER NO. 3 TO City of Sanford Contract With CPH Engineers, Inc. For Stormwater Improvement Plan, Roadway and Intersection Design RFSOQ 01/02-28 This Work Order No. 3 dated this,~, day , o 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 Engineering Stormwater Improvement Plan, Roadway and Intersection Design, RFSOQ 01/02-28. It is the intent of this Work Order to provide for Engineering Services in connection with the aquatic mitiqation plan to be accomplished on- and off-site to address water quality and stormwater run-off issues associated with tho Downtown Dock Replacement permittinq with FDEP. 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 requested assistance from the CONSULTANT to prepare a mitigation plan in response to the Florida Department of Environmental Protection permit application (#59-228987-001) Request for Additional Information (PAl) dated April 18, 2005. The CONSULTANT will address Part I of the FDEP PAl letter. The CONSULTANT will address issues related to the dock replacement permit mitigation for aquatic environmental improvements adjacent to, or in proximity to, the replaced docks, the river walk area and at stormwater outfall areas. Page 1 of 6 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. Attached to this Work Order is a manhour breakdown for the project Scope of Services. Pock ReDlacement Permlttl~,, Mitigation Plan Preparation Mitigation Plan: As requested by FDEP, an aquatic mitigation plan may be accomplished on- and off-site to address water quality and stormwater run-off issues. The plan will consist of a narrative and figures and will include the following information at a minimum: a. The CONSULTANT shall conduct an inspection of each proposed mitigation area(s) to document existing vegetation, physical characteristics of the planting area, collect topographic information and estimate the planting area dimensions. b. A location map showing the dock replacement project area in relation to the mitigation area(s). c. Topographic map of the mitigation planting area(s) with dimensions of the planting areas shown. d. A features map showing existing vegetation in and around the mitigation area(s) and species identified. e. A detailed schedule for the phased construction, maintenance and monitoring of mitigation area(s). f. Prepare plan views and cross section figures of each planting area. g. A vegetation-planting scheme and schedule for implementation. h. Source of plants to be used in the mitigation area(s). i. Measures to be implemented during and after construction to avoid adverse impacts. j. A management plan comprising all aspects of operation and maintenance, including vegetation establishment and exotic and nuisance species control. k. A proposed monitoring plan to demonstrate mitigation success. I. Mitigation cost estimate The final product will be a bound mitigation plan report with narrative and approximately 12-15 figures/exhibits. The CONSULTANT will provide the plan to Chris Smith for review prior to finalizing the report. Page 2 of 6 Mitigation Plan Approval The CONSULTANT shall communicate with the client as necessary to obtain information needed to complete the mitigation plan and process the plans approval with FDEP, The CONSULTANT shall communicate with FDEP as necessary to process the mitigation plan approval including a site visit to review the proposed mitigation area(s). SECTION 3 PAYMENT AND CONTRACT TIME Compensation Paid CONSULTANT The engineering fee for the services described herein shall not exceed $4,800, inclusive of out-of-pocket expenses. Exhibit B attached details costs associated with this work. 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. Chris Smith, Planning Department 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 afl 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. Page 3 of 6 SECTION 4 ADDITIONAL SERVICES OF THE ENGINEER 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. 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. The CONSULTANT will provide limited environmental scientist services as defined in the Section 2. These services do not include preparation of detailed mitigation plans. If found to be necessary, CONSULTANT could provide additional environmental scientist services including preparation of mitigation plans. Provide through subconsultants land acquisition boundary surveys, title searches, or other specialist services including real estate or right-of-way agents, project or construction management, 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 the Base Contract or separately provided by the CITY. 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. Additional engineering services required by revisions to regulations (after the date of this Authorization) 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 and services not otherwise provided for in this Work Order. Bidding and construction engineering and inspection services shall be provided under separate Work Order. Page 4 of 6 Section 5 CITY Responsibilities The CITY will: 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. 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. 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. 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 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 5 of 6 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) net Dougherty - City Cfle/rk City of nford, FIori , Eugene ~l~ller, City Manager CONSULTANT: 3EST & SEAL) Lin~a M. Gardner - Secretary/Treasurer CPH Engineers, Inc. Kamran Khosravani, P.E. - C.E.O. Page 6 of 6 PROPOSAL COSTING/MANAGEMENT/ACTIVATiON FOR PROFESSIONAL SERVICES PROJECTS PROPOSAL PROJECT City of Sanford Downtown Dock Replacment permitting CLIENT: Cityof Sanford P.O. Box1788 Sanford,Florida 32772~1788 Contact: Chris Smith, Planning Dept. Phone: 407-330-5674 Fax: Mobil: E-Malh Orlginato~ Amy Wright Date: Proposal IAmy Wright Proposal Date: ACTIVATION Project Number: Contract Type: Total Budget: Retainer: Project Manager: Start: Jun-05 FF $4,800.00 N/A A. Wright Complete: Jul-05 Invoicing Instructions: ~nvoice monthly 5/27/05 Task Title Director ESV 101 3 103 Mobilization 104 Travel ! 05 Field Data 106 Field Instrument Service 107 108 109 110 Ill 112 113 Resource Information 116 118 Secretarial 6 2 2 8 Hours 13 8 Per Hour Standard Rate $105.00 $95.00 Labor Cost $1,365.O9 $760.O9 Ho~urs Hours Hours L Hours 8 _~ 1.5 7 0 21.5 _ ~5.~ $7s.~ ~0.~ $70.~ ~ '°'~r~ ""'~ ...~ Total In-House ~p, $72.74 Total Outside Exp. $1~.~ Subtotal ~,8~.89