1089-CPH WO 2WORK ORDER NO. 2
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. 2 dated this /c-~L''7/~, day of (~Z.,~--,.~ ,20 d~/~'to a Contract
previously entered into on the 15th day of November, 20'04, by ~/nd 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 Construction Engineering and Inspection (CEI) Services in connection
with the Cloud Branch Phase 1 Drainaqe Improvements (22°~ Street to Coastline Park) project
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
1.1
The purpose of this Work Order is to generally provide for engineering services for the
administration and inspection of construction and other services as herein specified prior
to and during the construction project. Construction for this project consists of the
regrading of approximately 2800 linear feet of existing Cloud Branch Drainage channel
between 22"d Street and 11(h Street in Sanford. Existing culverts at 20th §treet, 19th
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1.2
1.3
1.4
Place, 16th Street, 14th Street, 13th Street, 12th Street, and 11th Street will be removed
and replaced with new larger culverts. Construction also includes a new 2.8 acre
stormwater pond at Lake Avenue and construction of approximately 640 feet of 66" RCP
(base bid) or 5' x 5' box culvert (alternate bid) pond outfall culvert along Lake Avenue.
The CONSULTANT provided Florida Department of Environmental Protection (FDEP)
State Revolving Fund (SRF) loan program planning, design and permitting assistance
for this project and assisted CITY in obtaining funding for the project under this program
as well as the Community Development Block Grant (CDBG) program administered by
Seminole County. In order to maintain the eligibility for financing under these programs,
the CONSULTANT will provide coordination and assistance in obtaining necessary
approvals of addenda, bid documents award documents and change orders from FDEP
and Seminole County during construction. The CONSULTANT will serve as Engineer
of Record during construction of the project as required by FDEP and provide inspection
and other engineering services during construction as further described below.
Limited subconsultant services for land acquisition parcel appraisals and geotechnical
testing (construction quality control on an as-needed basis) are included.
Additional subconsultant services including, water quality monitoring, or other specialist
services are not included. If these services are subsequently determined advisable
during the course of the work, they may be considered for authorization as an additional
service under Section 3 of this Amendment or separately provided by the CITY or
consultants employed directly by the CITY.
2.1
2.1.1
2.1.2
2.1.3
2.2
2.2.1
SECTION 2
SPECIFIC SERVICES OF THE CONSULTANT
General 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.
Preconstruction Services
The CONSULTANT will provide additional surveying from pond site to railroad
crossing, since the original design contract contemplated surveying only to the
pond site.
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2.2.2
At CITY's request, the CONSULTANT will design the enclosure of the existing
ditch between 13th Street and 12th Street, resulting in revised crossings at 13th
St., 12th St., 11th St.
2.2.3
At CITY's request, the CONSULTANT will design the enclosure of the existint~
ditch between 12th Street and 11th Street, and a revised junction structure at 12
Street.
2.2.4
2.2.5
The CONSULTANT will assist City during Land Acquisition process in order to
comply with CDBG requirements, including obtaining appraisals from a
subconsultant, preparing letters to Owners and tenants, providing documentation
to Seminole County CDBG staff and to the City Attorney.
The CONSULTANT will assist City during audit process (Cloud Branch Land
Acquisition).
2.2.6
2.2.7
2.2.8
The CONSULTANT will provide structural design and details for endwalls at box
culvert option (cast in place construction)
The CONSULTANT will provide coordination and assistance in obtaining
necessary approvals of addenda and bidding documents from FDEP and
Seminole County as required under the SRF and CDBG programs.
The CONSULTANT will provide bidding services consisting of preparation of the
Bid Advertisement, distribution of bidding documents, answering bidder
questions, and preparing addenda.
2.2.9
2.2.10
2.2.11
2.3
2.3.1
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.
The CONSULTANT will provide preconstruction coordination with Contractor,
City, and FPL (review bid, box culvert alignment options, pole relocation options).
The CONSULTANT will coordinate with FDEP and the CITY to assist in
compliance with the State Revolving Fund (SRF) Loan Program to maintain
eligibility of project costs for financing. The CONSULTANT will provide FDEP
with the Low Bidder's MBENVBE information, documentation necessary to
request for authorization to award construction contracts (including proof of
advertising and public bid opening; bid tabulation, engineer's award
recommendation and tentative award resolution).
Construction Enqineednq and Inspection (CEI) Servicos
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.
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2.3.2
2.3.3
2.3.4
2.3.5
2.3.6
2.3.7
For the purposes of this Scope of Services, it is assumed construction phase
services will occur over a period of 360 (three hundred sixty) days, or 330 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 distribute up to ten (10) sets of construction documents
(plans and specifications) for use by CITY and Contractor during construction.
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's survey crews will field stake survey control points (vertical
and horizontal control) to be used by the Contractor to lay out its work.
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..
The CONSULTANT will 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.
2.3.8
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
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2.3.9
2.3.10
2.3.11
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.
The CONSULTANT will prepare monthly SRF Loan Disbursement information,
including the "Engineer's Certification of Loan Disbursement Request" and
monthly progress reports required under the CDBG program, along with each of
the Contractor's application for payment, to the CITY.
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.
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 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.
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2.3.12
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.
2.3.13
2.3.14
Through on-site observations of the work in progress and field checks of installed
work, materials and equipment, the CONSULTANT will endeavor to provide
fudher 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.
2.3.15
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.
2.3.16
2.3.17
2.3.18
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
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.
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.
Limited geotechnical testing, in addition to testing provided by the Contractor,
serving as the CITY's construction quality control, will be provided if determined
to be necessary. These services would be provided by Universal Engineering
Sciences.
2.3.19
The CONSULTANT shall not be responsible for the acts or omissions of the
Contractor or of any the Contractor's, Sub-Contractors, Agents, Employees, or
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other persons performing any of the work under the construction contract, or of
others.
3.1
3.2
SECTION 3
PAYMENT AND CONTRACT TIME
Compensation paid to the CONSULTANT for the services described herein shall not
exceed $149,682.00, inclusive of out-of-pocket expenses. The attached Exhibit A (Plan
of Study) 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. Tom George, Public Works 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.
SECTION 4
ADDITIONAL SERVICES OF THE CONSULTANT
4.1 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
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4.1.1
4.1.2
4.1.3
4.1.4
4.1.5
4.1.6
4.1.7
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.
Provide through subconsuitants land acquiston boundary surveys, title
searches, or other specia st services including real estate or right-of-way agents
except as expressly provided in Section 2, environmental assessments and
development of mitigation plans and providing mitigation monitoring, 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.
5.1
5.1.1
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.
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5.1.2
5.1.3
5.1.4
5.1.5
5.1.6
5.1.7
5.1.8
5.1.9
5.1.10
5.1.11
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 pedaining 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.
Inspect the construction on a regular basis and report to the CONSULTANT as to
the field observations and progress of the CONTRACTOR.
Provide field assistance to the CONSULTANT as necessary when decisions or
information are needed relating to utility and stormwater connections and
relocations resulting from differing site conditions.
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
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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EXHIBIT 'A'
PLAN OF STUDY
TiME AND COST ESTIMATE
SERVICES DURING CONSTRUCTION
CLOUD BRANCH PHASE I DRAINAGE IMPROVEMENTS
$102,685 O0
$1,62000
$2,50000
$106,805,00
6.2
6.3
va~ 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)
b~anet Doughe~, - City (~erk ~,/
City of Sanford, Florida
Robert P. Y~I - City Manager
CONSULTANT:
(ATTEST & SEAL)
Linda M. Gardner ~- Se~cret~ryFFreasurer
CPH Engineers, Inc.
~ -
David A. Gierach, P.E. - President
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