301 - CPH - Hopper Academy Historic Bldg Assessment yi 4t i
—187 77-4
PURCHASING DEPARTMENT
TRANSMITTAL MEMORANDUM
To: City Clerk /City Manager
RE: Work Order No.CDBG 10HOPP -02 CPH for $20,800.00
The item(s) noted below is /are attached and forwarded to your office for the following action(s):
❑ Development Order ❑ Mayor's signature
❑ Final Plat (original mylars) ❑ Rec. I' _ („
❑ Letter of Credit • - -n pa/act/
❑ Maintenance Bond Safe keeping (Vault) ((jt1)
❑ Ordinance
❑ Performance Bond ❑ Payment Bond
❑ ❑ Resolution ® City Manager Signature
® City Clerk Signature
Once completed, please:
® Return original
❑ Return copy
Special Instructions
Need executed signatures on both partieeturn originals to Purchasing
Please advise if you have any questions regarding the above. Thank you...
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From Date
T: \Dept_forms \City Clerk Transmittal Memo - 2009.doc
EXHIBIT A
WORK ORDER FORM
Work Order Number CDBG 1OHOPP -02
CITY OF SANFORD FLORIDA
Master Agreement/Contract Number: Dated: 06/03/2011
Contract/ProjectTitle Historic Building Assessment- Hopper Academy
Solicitation No: =3 o t Sanford Project No. Purchase Order No.
Consultant/Contractor: CPH Engineers , Inc
Consultant/Con ractor's Business Address, Phone N mbar Fax Number and E -mail Address
500 W. Fulton Street, Sanford, Florida 32771
Ph: 407- 322 -6841 FAX: 407- 330 -0639
ATTACHMENTS TO THIS WORK ORDER METHOD OF COMPENSATION
DRAWINGS /PLANS /SPECIFICATIONS x FIXED FEE BASIS
• x SCOPE OF SERVICES TIME BASIS -NOT TO EXCEED AMOUNT
x SPECIAL CONDITIONS TIME BASIS - LIMITATION OF FUNDS
x PRICING (INFORMATION UNIT PRICE BASIS -NOT TO EXCEED AMOUNT
x WO TERMS AND CONDITIONS
TIME FOR COMPLETION: 60 Days of the effective date to thls Work Order
Effective date - this Work Order: Date of Execution by City
Time for completion: The services to be provided by the Consultant/Contractor shall commence upon execution
of this Work Order by the parties and shall be completed within the time frame indicated above. Failure to meet
the stated completion requirement may be grounds for termination for default.
Work Order Amount: Dollars Expressed In Numbers: $ 2 0 , 8 0 0 . 0 0
Dollar Amount Written Out: Twenty Thousand Eight Hundred and - - -00/100 Dollars
In Witness Whereof, the parties hereto have made and executed this Work Order on the respective dates under each
signature: The City as delegated through its City Manager and the Consultant/Contractor by and through its duly
,authorized corporate officer having the full and complete authority to execute same.
CONSULTANT /CONTRACTOR
ATTEST: EXECUTION:
h /
Signs re, r orporate Officer 6 - 9 -11 Signature, Corporate President 6 - 9 -11
Linda M. Gardner, Sec /Treasuer David A. Gierach, President
Corporate Officer Printed Name, Title and Date Corporate President, Printed Name and Date
CITY OF SANFORD
91, / ( an loVii
•n :ture chasing Manager
F. William Smith
Purchasing Manager, Printed Name and Date
p /artik Signatut, City Cler City M- . ger
-( °/ I % �J ' Tom George, Interim City Manager
City Clerk PrintQ Name and Date City Manager, Printed Name and Date
Revised: 1 -6 -2011
Work Order (page 2) WORK ORDER
TERMS AND CONDITIONS
Execution of this Work Order by the CITY, and the issuance of a notice to proceed, shall serve as authori-
zation for the CONSULTANT /CONTRACTOR to provide goods and /or services for the above project as set out in the
Scope of Services which is attached as Exhibit "A," as well as all other exhibits attached to that certain Agreement cited
on the face of this Work Order all of which are incorporated herein by reference as if they had been set out in its entirety
and as further delineated in the specifications, conditions and requirements stated in the listed documents which are
attached hereto and made a part hereof. The CONSULTANT /CONTRACTOR shall provide said goods and /or services
pursuant to this Work Order, its attachments and the above- referenced Agreement and its exhibits. If this Work Order
conflicts with said Agreement or exhibits, the Agreement and exhibits shall prevail: provided, however, that the
CONSULTANT /CONTRACTOR shall not proceed with work until directed to do so by the CITY.
TERM: This Work Order shall take effect on the date of its execution by the CITY and expires upon final delivery,
inspection, acceptance and payment unless terminated earlier in accordance with the Termination provisions herein
provided, however, that the CONSULTANT /CONTRACTOR shall not proceed with work until directed to do so by the
CITY.
METHOD OF COMPENSATION:
(1) FIXED FEE BASIS, If the compensation is based on a "Fixed Fee Basis," then the
CONSULTANT /CONTRACTOR shall perform all work required by this Work Order for the Fixed Fee
Amount indicated as the Work Order Amount. The fixed feel is an all- inclusive Firm Fixed Price binding the
CONSULTANT /CONTRACTOR to complete the work for the Fixed Fee Amount regardless of the costs
of performance. In no event shall the CONSULTANT /CONTRACTOR be paid more than the Fixed Fee
Amount.
(ii) TIME BASIS WITH A NOT TO EXCEED AMOUNT. If the compensation is based on a "Time Basis Method"
with a Not -to- Exceed Amount, then the CONSULTANT /CONTRACTOR shall perform all work required
by this Work Order for a sum not exceeding the amount indicated as the Work Order Amount. In no event
is the CONSULTANT /CONTRACTOR authorized to incur expenses exceeding the Not -To- Exceed
Amount without the express written consent of the CITY. Such consent will normally be in the form of an
amendment to this Work Order. The CONSULTANT /CONTRACTOR'S compensation shall be based
on the actual work required by this Work Order and the Labor Hour Rates established in the Master
Agreement.
(iii) TIME BASIS WITH A LIMITATION OF FUNDS AMOUNT. If the compensation is based on a "Time Basis
Method" with a Limitation of Funds Amount, then the amount identified as the Work Order Amount
becomes the Limitation of Funds amount which shall not be exceeded without prior written approval of the
CITY. Such approval, if given by the CITY, will indicate a new Limitation of Funds amount. The
CONSULTANT /CONTRACTOR shall advise the CITY whenever the CONSULTANT /CONTRACTOR
has incurred expenses on this Work Order that equals or exceeds eighty percent (80 %) of the Limitation of
Funds amount. The CONSULTANT /CONTRACTOR'S compensation shall be based on the actual work
required by this Work Order and the Labor Hour Rates established in the Master Agreement.
(iv) UNIT PRICE BASIS WITH A NOT TO EXCEED AMOUNT. If the compensation is based on a "Unit Price
Basis," then the CONSULTANT /CONTRACTOR shall perform all work required by this Work Order for the
amount resulting from computing the quantity(ies) of defined units and agreed upon unit pricing to establish
amount of CONTRACTOR'S compensation. All adjustments to quantities shall be approved by the Project
Manager. Prior written approval by the City is required to adjust the not to exceed amount.
The CITY shall make payment to the CONSULTANT /CONTRACTOR in strict accordance with the payment terms
of the above- referenced Agreement.
It is expressly understood by the CONSULTANT /CONTRACTOR that this Work Order, until executed by the
CITY, does not authorize the performance of any services by the CONSULTANT /CONTRACTOR and that the CITY,
prior to its execution of the Work Order, reserves the right to authorize a party other than the
CONSULTANT /CONTRACTOR to perform the services called for under this Work Order if it is determined that to do
so is in the best interest of the CITY.
The CONSULTANT /CONTRACTOR shall execute this Work Order first and the CITY second. This Work
Order becomes effective and binding upon execution by the CITY and not until then. A copy of this executed Work Order
along with a Purchase Order will be forwarded to the CONSULTANT /CONTRACTOR at the completion of that action.
It is noted that the Purchase Order Number must be indicated on all invoices germane to the Work Order.
@ o
500 W Fulton Street
Sanford, F132771
Ph: 407-322-6841
AGREEMENT FOR PROFESSIONAL SERVICES Fax: 407-330-0639
BETWEEN AA 26000926
CPH ENGINEERS, INC.
AND
THE CITY OF SANFORD
FOR
The Assessment of Hopper Academy Historic Building
City of Sanford, Florida
May 26, 2011
RE: Proposal to provide An Assessment of Hopper Academy Historic Building in
The City of Sanford, FL.
This Agreement is composed of Part I and Part II. Part I includes details of the services to be
performed, timing of the services, and compensations. Part II contains CPH Standard Hourly
Rate Table and Standard Contract Provisions (Exhibit A), which are the general terms of the
engagement between The City of Sanford herein after called the "CLIENT ", and CPH
Engineers, Inc., herein after called "CPH ".
PART I
CPH will perform a Historic Building Assessment in the above historic preservation project. The
process involves the documentation of the existing construction and current physical condition of
the historic Hopper Academy Building. The Historic Building Assessment will become the basis
for the future Preservation Plan for the Hopper Academy Building including all phases such as
stabilization, restoration or rehabilitation.
CPH will involve the services of a Structural and Mechanical, Plumbing and Electrical (MEP)
Consultants who are qualified to professionally examine and assess all of the components of an
entire historic building, structure or site. The CPH Team will examine the historic property and
produce a report of findings which will include technical information, photographs and drawings
which accurately and thoroughly document the physical conditions at the time of the Assessment.
CPH includes all of the expertise and disciplines required to complete a Historic Building
Assessment. Our interdisciplinary team includes experts from all of the design disciplines
including Architecture, Structural and MEP Engineering; we are able to use our integrated
approach to complete all projects with a level of efficiency, accuracy, innovation and
thoroughness that makes all of our projects a success. In addition, we are passionate about our
cultural resources and are very experienced with all of the phases of historic preservation projects
from initial land marking and register nomination, through grant applications and Historic
Structure Assessments and on into Preservation Planning and implementation.
SCOPE OF BASIC SERVICES
Tasks:
• Site Visits
Working in concert with City staff, CPH and their Consultants will each visit the site
listed above and collect data, i.e., photographs, measurements, loading information,
etc. for production of the Assessment of the Historic Building.
• Existing Construction Document Research
If available and if necessary, we will obtain copies of historical construction
documents for use in the contract documents.
• Assessment Report Preparation
CPH will prepare a Historic Building Assessment Report of their findings that will
include the following Items:
D Examination and assessment of all interior and exterior finishes,
historic materials
• Crawlspace: Verify amount of Insulation under the First Floor, as
required to meet Energy Code.
• Interior Spaces: Verify if the Room Finishes damp, loose or cracked.
Assess stairs, handrails and doors to meet ADA Requirements.
• Attic: Verify adequate insulation of the Attic. Is the attic vented through
Eaves or other means
• Wood Siding and Brick: Verify if the paint is peeling, blistering or
cracking. Assess the north wall that is out of plumb, and has bulges and
the need for appropriate repair.
Architectural Basic Fee Schedule
Site visits $1,200.00
Prepare existing Conditions Documentation $1,700.00
& Background Drawings
Examination & Assessment of Finishes $2,100.00
& Historical Materials
Total $5,000.00
D. Examination and assessment of all structural components, Foundation
and Brick Piers:
• Verify that the Foundation and Piers are adequate to withstand Hurricane
Wind Pressures. Assess the amount of termite damage as well
as throughout the building for structural stability.
• Wood Floor Construction: Verify Design Loads for Assembly Occupancy.
Verify existing connectors are adequate for transmitting Toads verify
existing wall system is adequate for both gravity and wind loads.
• Verify overall existing structure has load paths and if they are adequate.
Structural Basic Fee Schedule
Site Visits $ 1,200.00
Analysis of Foundation $ 1,600.00
Analysis of Lateral System $ 1,800.00
Analysis of Floor System $ 1,400.00
Recommendations $ 900.00
Total $ 6,900.00
2
Initial
➢ Examination and assessment of MEP systems
➢ Combined MEP Assessment includes site survey by two engineers.
• Mechanical: Assess the HVAC System.
1. Verify that all existing HVAC Systems comply with the FBC codes,
including ventilation requirements.
2. Provide recommendations for all HVAC equipment including split
systems, diffusers, and stats.
• Electrical: Assess the safety of Electrical Wiring, etc.
1. Verify that all existing Electrical Systems comply with the FBC codes and
NEC Standards.
2. Provide recommendations for all Electrical equipment and systems
including panels, conductors, and service power.
• Plumbing: Check for evidence of leakage underneath sinks or toilets and
under the Building. Plumbing Assessment is to
• Verify that all existing Plumbing Systems comply with the FBC codes,
including ADA compliance.
• Provide recommendations for all Plumbing equipment including fixture
count needed.
MEP Basic Fee Schedule
Site Visit $1,000.00
Mechanical Assessment $1,250.00
Electrical Assessment $1,100.00
Plumbing Assessment $ 650.00
Total $ 4,000.00
➢ Mold Survey
• CPH understands that the scope of work is limited to accessible areas of the
Hopper Academy Building, and that mold sampling will be non - destructive,
where possible given that the site is to be renovated for historic preservation.
The scope of work and associated costs provided herein are based on
information provided by you and our site observations on this day.
• A visual inspection will be performed within the building for visible signs of
mold, water damage, or other potential impacts. Up to five microbial tape lift
and /or swab samples will be collected for laboratory analysis by an American
Industrial Hygiene Association (AIHA)- accredited laboratory for the analysis
of the genus of mold and /or fungi content.
Mold Survey Basic Fee Schedule
Mold Survey Assessment $ 900.00
Total $ 900.00
3
Initial
Summary of Report Preparation
A complete and detailed report will be provided, assessing existing building conditions. The
report will include, but not be limited to, the following information:
• Floor plans of building, as required (floor plans will be prepared in AutoCAD release 14 or
2000);
• Physical condition of all building components and mechanical, plumbing and electrical
systems
• Location and quantities of mold and structural and moisture damaged material;
• Color photographs of all areas
• Discussion of federal, state, and local applicable regulatory requirements.
• A general cost estimate to complete the Renovation and Repair Work, based on the
Report will be provided.
Project Management/Coordination and Report Preparation
Basic Fee Schedule
Project Management/Coordination and $ 4,000.00
Report Preparation(2 copies with a PDF on dis
Total $ 4,000.00
Fee Proposal for Basic Services:
For the Scope of Basic Services defined above, CPH requests a fixed fee payable according
to the following Fee Schedule:
• Architectural Assessment: $ 5,000.00
• Structural Assessment $ 6,900.00
• Mechanical, Plumbing and Electrical Assessment $ 4,000.00
• Mold Survey $ 900.00
• Project Management/Coordination and $ 4,000.00
Report Preparation(2 copies with a PDF on disk)
Total fee for Basic Services: $ 20,800.00
Additional /Optional Services:
Additional /Optional services are those, which fall outside of the proposed Scope of Basic
Services including design changes requested after final construction documents have
commenced. CPH and its consultants will provide Optional Services upon the client's
request and /or advance written approval, on the basis of hourly compensation according to
the Rate Schedule that is attached to this proposal.
SERVICES NOT INCLUDED
The following services are not anticipated and, therefore, not included in this Agreement at this
time:
❖ Building and Interior Design or Construction Documents
❖ Expert witness for litigation.
❖ Construction staking.
❖ Environmental studies and coordination of environmental issues with the regulatory agencies.
❖ Off -site utility analysis and design.
❖ Off -site storm water analysis and design.
❖ Expediting the review process of the permits identified herein.
❖ Structural Engineering of retaining walls.
❖ Structural details, plans and specifications for reinforcing the existing gravity load and lateral
4
Initial
wind load resisting systems.
❖ Review of an alternative product in lieu of the product called for on the plans and
specifications.
❖ Special meetings with agencies, other consultants or CLIENT not normally required to
perform the work described in the Scope of Services, except those meetings specifically
identified in the above Scope of Work
❖ Permitting efforts relating to obtaining variances for the site development including tree
issues, setbacks, parking, etc.
❖ Food Services (Kitchen Design)
❖ Design of hardscape features including but not limited to structures, fountains, lighting,
special paving, or signage
❖ Storm water modeling and /or analysis of the existing storm water pond system for retrofitting
of the existing site
❖ Traffic studies or signalization design
❖ Easement or right -of -way vacation or dedication services or platting services
❖ Design and /or permitting efforts associated with the site improvements (paving, grading,
drainage, utilities, etc.) for future phases of the project
❖ Services resulting from changes made by CLIENT following the completion of specific project
tasks that require re -work by CPH
❖ Wetlands Permitting
❖ Flood Plain Analyses
❖ Site Specific Maintenance of Traffic Plans
❖ Any other issues not specifically described in this proposal
CLIENT - FURNISHED INFORMATION
It is understood that CPH will perform services under the sole direction of the CLIENT. In the
performance of these services, CPH will coordinate its efforts with those of other project team
members as required. The CLIENT shall provide CPH with project - related technical data
including, but not limited to, the following:
❖ Project size, location, and identification number.
❖ Current title commitment and any existing boundary and topographic surveys and plats. If
CPH is not performing surveying services as part of the contract, CLIENT to provide current
boundary and topographic information in AutoCAD 14 or more recent version, or DXF format.
❖ Master plan or development plans for the overall project. Preferably in AutoCAD 14 or more
recent version, or DXF format.
❖ Any other pertinent information concerning this project to which the CLIENT may have
access.
❖ Finish Floor Elevation and Utilities within five (5) feet of Building Footprint.
CPH will rely upon the accuracy and completeness of CLIENT - furnished information in
connection with the performance of services under this Agreement.
CPH will begin performance of the above services upon verbal authorization followed by written
authorization within 7 days of the verbal authorization to proceed is received. The schedule is
also subject to timely delivery of information by the CLIENT and is exclusive of CLIENT and local
review of interim products. If the CLIENT requests that work under this agreement be stopped,
the schedule is subject to renegotiation when written authorization to continue is received.
Reimbursable Expenses: Reimbursement for out -of- pocket expenses incurred by CPH for this
project, including plotting of Cad drawings, blueprinting and overnight couriers, travel, rental cars,
meals, postage and telephone will be invoiced to the client.
5
Initial
Time Estimate:
CPH will undertake the proposed Scope of Basic Services as swiftly as feasible, while
maintaining a professional standard of care. Estimates of time requirements are made in good
faith, based upon anticipated man -hours for design and drawing production. Circumstances
which significantly affect the firm's ability to meet the estimated schedule (including design
changes required after final construction drawings have been commenced) will be disclosed to
the client.
Disclosure and Reliance:
The client shall fully disclose to CPH all available information regarding the project, including
project ownership, intended use, detailed space requirements and relationships, special
equipment requirements, constraints, schedule commitments, and construction budget. CPH
shall have the right to rely upon the accuracy of reports, surveys, as -built drawings and all other
documents provided by the client. If requested, and to the extent necessary for accurate design
and engineering, the client shall furnish to CPH the following professionally prepared and certified
documents, boundary and topographic survey including adjacent roadways and utilities.
Geotechnical investigation including determinations of soil bearing values to depths requested,
and measured drawings of existing conditions. The client and /or owner shall be fully responsible
for, and CPH shall have no responsibility for the discovery, analysis, presence, handling, removal
or disposal of, and the exposure of persons to hazardous materials in any form, including but not
limited to asbestos, asbestos products, polychlorinated biphenyl (PCB) or other toxic substances.
We are prepared to commence services immediately, and look forward to working closely with
you to achieve a successful project. If you find our proposal to be acceptable, please sign one
copy, initial where indicated on Exhibit "A" and return the same to our office. If you have any
questions or require additional information, please do not hesitate to call me. Should work be
required in any of these areas, or areas not previously described, CPH will prepare a proposal or
amendment, at the Client's request, that contains the Scope of Services, fee, and schedule
required to complete the additional work item.
CPH ENGINEERS, INC. AUTHORIZATION
By:
Victor Q Tan AIA, NCARB May 26, 2011
Vice President/Associate
Director of Architectural Services
6
Initial
CLIENT AUTHORIZATION
The City of Sanford, FL agrees with Part I which includes the Scope of Services, Compensation
Schedule. Part 11, Standard Contract Provisions - Exhibit "A" & CPH Rates & reimbursable
(attached hereto and acknowledged as being received). Together they constitute the entire
Agreement between CPH ENGINEERS, Inc. and The City of Sanford, FL
Total Labor Fees for services proposed herein $ 20,800.00 plus reimbursable expenses.
It is understood that fees for the subject project, including but not limited to, application fees,
1 P J � 9 � PP
impact fees, utility connection fees, review fees, etc., will be paid directly by the CLIENT.
Payment for services rendered will be due within forty -five (45) days of invoicing. Should the
CLIENT choose to not complete the project at any phase of the project, CPH will be due any fees
for services up to the time the CLIENT informs CPH in writing to stop work. Payment for services
up to the time of the CLIENT'S notice will be due within thirty (30) days of the final invoice.
Invoice payments must be kept current for services to continue. CPH reserves the right to
terminate or suspend work when invoices become ninety (90) days past due. In event that the
work is suspended or terminated as a result of non - payment, CLIENT agrees that CPH will not be
responsible for CLIENT'S failure to meet project deadlines imposed by governments, lenders, or
other third parties. Neither is CPH responsible for other adverse consequences as a result of
termination or suspension of work for nonpayment of the invoices.
This proposal is void if not executed and returned to the CONSULTANT within 30 days of the
CONSULTANTS execution of the proposal.
The City of Sanford, FL
Signature:
Title:
Date:
7
Initial
EXHIBIT A
Standard Provisions to Agreement
Agreement between The City of Sanford wherein after referred to as "OWNER /CLIENT ") and CPH
Engineers, Inc. (hereinafter referred to as "CPH ") for professional services which may include
engineering, surveying, architecture, landscape architecture, environmental, forestry, planning,
transportation /traffic, etc. dated May 26, 2011 .
Standard of Care
CPH will endeavor to provide services in a manner consistent with the level of care and skill ordinarily
exercised by other professionals under similar circumstances practicing in the same or similar locality.
The standard of care shall be exclusively judged at the time services are rendered and not according to
later standards. CPH makes no express or implied warranty with regard to its services.
Compensation, Out of Pocket and Subcontract Expenses
"Compensation" as used in the Agreement includes those costs which are connected with the conditions
of employment and pay of the employees and include salaries of those employees directly engaged in the
security, workers
d services and employer contributions for social ,
performance of the requested Y
compensation, unemployment and payroll taxes, medical and insurance benefits, retirement benefits,
holiday and sick leave pay and other allowed benefits. "Out of Pocket Expenses" as used in the
Agreement include such items as travel and subsistence, printing and reproduction,
telephone /communications charges, freight, postage, computer and similar costs. "Subcontract
Expenses" as used in this Agreement include subcontracts for special consultants such as licensed land
surveyors, soils borings and geotechnical and geohydrological services, laboratory services,
environmental scientist services and other professional scientific or technical service organizations.
Invoice payments are due upon receipt of the invoice and must be kept current for services to continue. If
the OWNER/CLIENT fails to pay any invoice due within 45 days of the date of the invoice, CPH may,
without waiving any other claim or right against OWNER/CLIENT, suspend services under this agreement
until CPH has been paid in full all amounts due CPH and /or any of its consultants and subconsultants.
OWNER/CLIENT shall pay CPH interest at 12% per annum on all invoices that remain unpaid for more
than 45 days.
Additional Services
"Additional Services" of CPH are services which are not considered normal or customary basic services,
except to the extent provided in the basic Agreement, and may include such items as preparation of grant
or funding applications and supporting documents; additional services or costs resulting from significant
changes in the scope or extent of the project or its design or project delays; providing renderings or
models for the OWNER/CLIENT's use; preparing documents for alternate bids; furnishing the services of
special consultants; resident project representation or resident inspection; services resulting from the
award of additional separate contracts; special field surveys; reproducible Record Drawings or original
Drawings; providing "as- built" drawings; additional services during construction; serving as a consultant or
witness for the OWNER/CLIENT during any litigation, public hearing, etc.; and services normally
furnished by the OWNER/CLIENT; or other services not otherwise specifically provided for in the
Agreement. Additional services are not included in the basic payment provisions of the Agreement
except to the extent specifically provided herein.
Opinions of Cost
Since CPH has no control over the cost of labor, materials, equipment or services furnished by others, or
over the CONTRACTOR(s)' methods of determining prices, or over competitive bidding or market
conditions, our opinions of probable project cost and construction cost are made on the basis of our
experience and qualifications and represent our best judgment as an experienced and qualified
Exhibit A Page 1 of 5
Revised 6 -17 -10 Owner /Client Initials
professional, familiar with the construction industry; but CPH cannot and does not guarantee that
proposals, bids, or actual project costs or construction costs will not vary from opinions of probable cost
prepared by us.
Re -Use of Documents
All documents including Drawings and Specifications prepared by CPH pursuant to this Agreement
belong to CPH and are instruments of our service in respect to the project. They are not intended or
represented to be suitable for reuse by the OWNER/CLIENT on another project or any extension of this
project, or for use by others on this project, any extension, or any other project.
Underground Utilities and Structures
The locations of all existing utilities shown on the drawings prepared by CPH will be based on surveys of
at -grade or above grade physical culture (such as valve boxes, hydrants, utility poles, permanent
markers) and surveying to pick up temporary utility locate markings provided by the utility. CPH assumes
no responsibility for the accuracy of utilities shown by temporary markings provided by the utility or the
locations of utilities based on other non - physical features (such as plans prepared by others including
mark -ups of locations provided by the utility). The below grade vertical and horizontal locations of utilities
will not be required to be surveyed by CPH, and consequently, CPH assumes no responsibility for the
location of below grade utilities. The OWNER/CLIENT agrees to release CPH from any liability to
OWNER/CLIENT for the failure to locate any existing utility where its physical location could not have
reasonably been known based on the above.
Termination
The obligation to provide further services under this Agreement, may be terminated by either party upon
fifteen (15) days' written notice in the event of substantial failure by the other party to perform in
accordance with the terms of the Agreement through no fault of the terminating party. If the Agreement is
terminated during prosecution of the services and prior to the completion of services, CPH shall be
compensated by the OWNER/CLIENT for all services performed under this Agreement to the date of
termination. In addition, CPH will be paid for all reasonable expenses resulting from such termination.
Construction Administration
Where construction administration is provided as a part of the basic services as outlined in the
Agreement, CPH shall not be required to make exhaustive or continuous on -site inspections, but shall
make periodic observations as may be outlined in more detail in the basic Agreement. CPH shall not be
responsible for the means, methods, techniques, procedures of construction, or schedules selected by
the CONTRACTOR or the safety precautions and programs incident to the work of the CONTRACTOR.
CPH will periodically visit the site at intervals outlined in the Agreement to become generally familiar with
the progress of the work to keep the Owner advised of the work. CPH will observe the work of the
CONTRACTOR to endeavor to determine if the work is in general conformance with the project
documents. CPH shall not be responsible for the failure of the CONTRACTOR to perform the
construction work in accordance with the Documents. CPH shall provide the OWNER/CLIENT with
written notice of any uncorrected defects or deficiencies coming to its attention in the course of the
periodic visits above - mentioned. During such visits and on the basis of its on -site observations, CPH may
recommend to the OWNER that the CONTRACTOR's work be disapproved or rejected as failing to
conform to the Documents. CPH shall not have the right or duty to stop the CONTRACTOR's work.
Professional Services Provided by Others
Surveying, soils, planning, architecture, landscape architecture, legal, accounting, construction inspection
and other services may be provided by the OWNER/CLIENT or others on this project and the results
furnished to CPH. It is agreed that CPH may rely upon the results of those services by others in
performing its work without verification of same. CPH assumes no responsibility for the accuracy or
technical adequacy of such professional services provided by others.
Exhibit A Page 2 of 5
Revised 6 -17 -10 Owner /Client Initials
CPH's Approval for Payment
Approval of a CONTRACTOR's application for payment is an expression of opinion by CPH and shall at
no time be considered as legal obligation on the part of CPH. Neither shall same be considered as an
acceptance of any work or materials furnished. CPH's approval for payment is an expression of opinion
by CPH that to the best of our knowledge, information and belief, the quality of the work included for
payment is in general accordance with the Contract Documents (subject to an evaluation of the work as a
functioning improvement upon substantial completion and to the results of any subsequent tests or
inspection made). By approving an application for payment, CPH will not be deemed to have represented
that we have made any examination of how or for what purpose any CONTRACTOR has used the money
paid on any of the CONTRACTOR's work or that title to any of the CONTRACTOR's work, materials or
equipment has passed to the OWNER/CLIENT, free and clear of any liens, claims, security interests or
encumbrances.
Checking of Shop Drawings
Checking of shop drawings is only for general conformance with the design concept of the project and
general compliance with the information given in the Contract Documents. Any action shown is subject to
the requirements of the Plans and Specifications. It is the CONTRACTOR's responsibility and not that of
the CPH, for dimensions which shall be confirmed and correlated at the job site; fabrication processes
and techniques of construction; coordination of his work with that of all other trades and the satisfactory
performance of his work.
Pre - existing Contaminants
CPH shall not be considered a generator, transporter, or disposer of materials affected by regulated
contaminants. Because involvement with OWNER /CLIENT's contaminated substances can expose CPH
to severe risks, OWNER/CLIENT shall, to the fullest extent permitted by law, waive any claim against
CPH, and indemnify, defend, and hold CPH harmless from any claim or liability for injury or loss allegedly
arising from CPH's involvement with OWNER/CLIENT's contaminated substances. OWNER /CLIENT
shall also compensate CPH for any time spent or expense incurred by CPH in defense of any such claim.
Such compensation shall be based on CPH's prevailing fee schedule and expense reimbursement policy.
Site Safety Responsibilities
CPH's site responsibilities are limited solely to the activities of CPH and CPH's employees on the site.
These responsibilities shall not be inferred by any party to mean that CPH has responsibility for site
safety for any reason. Safety in, on, or about the site is the sole and exclusive responsibility of the
Contractor alone. The Contractor's methods of work performance, superintendence of the contractor's
employees and subcontractors, and sequencing of construction are also the sole and exclusive
responsibility of the Contractor alone. OWNER/CLIENT warrants that:1) these responsibilities will be
made clear in OWNER /CLIENT's agreement with the Contractor; 2) OWNER /CLIENT's agreement with
the Contractor shall require the Contractor, to the extent of Contractor's negligence, to indemnify, defend,
and hold OWNER/CLIENT and CPH harmless up to a limit of $1,000,000 from any fine, penalty, claim, or
liability for injury or loss arising from OWNER /CLIENT'S or CPH's alleged failure to exercise site safety
responsibility; and 3) OWNER /CLIENT's agreement with the Contractor shall require the Contractor to
make OWNER/CLIENT and CPH additional insureds under the Contractor's general liability insurance
policy, which insurance protection shall be primary protection for OWNER/CLIENT and CPH, and shall
hold OWNER/CLIENT and CPH harmless from claims, losses, and defense cost arising from the
negligence of contractor or subcontractor on any tier up to a limit of $1,000,000. Given the foregoing,
OWNER/CLIENT also shall, to the fullest extent permitted by law, waive any claim against CPH, and
indemnify, defend, and hold CPH harmless up to a limit of $1,000,000 from any claim or liability for injury
or loss arising from CPH's alleged failure to exercise site safety responsibility. OWNER/CLIENT also
shall compensate CPH for any time spent and attorney fees and expenses incurred by CPH in defense of
any such claim. Such compensation shall be based upon CPH's prevailing fee schedule and expense
reimbursement policy. (The term "any claim" above referenced shall include, but not limited to, any claim
Exhibit A Page 3 of 5
Revised 6 -17 -10 Owner /Client Initials
for breach of contract, tort, or statute alleging negligence, errors, omissions, strict liability, statutory
liability, breach of warranty, negligent misrepresentation, or other acts giving rise to liability.)
Governing Law, Venue, Jurisdiction
This instrument is to be interpreted and construed according to the laws of the State of Florida. It is
agreed between the parties to this contract that any litigation, lawsuit or court action of any character
arising from this agreement shall be filed and /or defended in Seminole County, Florida. All parties under
this contract hereby voluntarily submit to the exclusive jurisdiction of the Florida Courts and the exclusive
venue in Seminole County, Florida and do hereby waive any objections to either personal or subject
matter jurisdiction of the Florida Courts or to said venue.
Attorney Fees and Costs
In connection with any dispute arising out of this Contract, each party shall be responsible for their own
attorneys fees and costs incurred for services rendered in connection with such dispute, including
appellate proceedings and post judgment proceedings.
Waiver of Consequential Damages
OWNER/CLIENT and CPH mutually agree to waive all claims for consequential damages against each
other an each other's respective officers, directors, and employees from any and all claims arising out of
the project, including, but not limited to, loss of use, lost profits, and delay damages, against each other,
arising from disputes, claims, or other matters relating to this Agreement.
Project Development, Approvals and Scheduling
CPH will, in the course of its work, attempt to generally identify issues that would adversely affect the
development of the site for use as proposed by the Owner /Developer. However, CPH cannot control the
regulatory process, actions of others, or unforeseen conditions and does not guarantee that the project
can be developed for use as proposed, nor does CPH guarantee the timing of or ultimate regulatory
approval of the site for development as proposed.
The local, state, and federal entities and authorities ( "Authorities ") having jurisdiction over the project may
or may not approve the proposed use of the project. Additionally, it is uncertain how long those
Authorities will take to consider and to take action on the applications for the proposed use of the project.
Said decisions and approvals are subject to the decision making process of those Authorities. Therefore,
CPH cannot represent or guarantee that said Authorities will approve, in whole or in part, the requested
use of the project or that the decision making process will be timely for the project's use, or that the
Authorities will grant variances applicable to the project. Therefore, the OWNER/CLIENT bears the risk of
non - approval of the proposed use and the timing thereof. The OWNER/CLIENT needs to consider the
ramifications to it if the project is not approved or only approved in part.
Limitation of Liability:
Site Check Studies
OWNER /CLIENT acknowledges that CPH's Site Check Studies pursuant to this Agreement are general in
nature and are performed before design is started or completed. OWNER/CLIENT acknowledges the
recommendation of CPH that the OWNER/CLIENT should not close on the subject property unless and
until all applicable agency approvals are obtained and the permitting process is completed. If
OWNER/CLIENT elects to close on the subject property prior to that time, OWNER/CLIENT accepts all
risks and liability arising from closing prior to obtaining all applicable agency approvals and completion of
the permitting process and releases CPH and CPH's officers, directors, and employees from all claims
thereof.
Exhibit A Page 4 of 5
Revised 6 -17 -10 Owner /Client Initials
In order to allocate the relative risks and benefits of the project between the parties, the OWNER/CLIENT
agrees to limit the liability of CPH and CPH's officers, directors, and employees for any and all claims
arising from CPH's or CPH's officers', directors', and employees' professional acts, negligence, errors,
omissions, breach of this contract, or indemnity relating to CPH's Site Check Studies under this contract
such that the total aggregate liability of CPH and CPH's officers, directors, and employees to the
OWNER/CLIENT shall not exceed the fee for the Site Check Study paid by OWNER/CLIENT to CPH
under this Agreement or $10,000, whichever is greater.
Design And Other Professional Services
OWNER /CLIENT acknowledges that CPH's services pursuant to this Agreement are to assist the client
and are for the scope of services as outlined in the attached contract. In order to allocate the relative
risks and benefits of the project between the parties, the OWNER/CLIENT agrees to limit the liability of
CPH and CPH's officers, directors, and employees for any and all claims arising from CPH's or CPH's
officers', directors', and employees' professional acts, negligence, errors, omissions, breach of this
such that the total aggregate liabilit
contract, or indemnity, Y of CPH and CPH's officers, directors, and
employees to the OWNER/CLIENT shall not exceed the fee paid by OWNER/CLIENT to CPH under this
Agreement or $50,000, whichever is greater.
Exhibit A Page 5 of 5
Revised 6 -17 -10 Owner /Client Initials
Rates & Reimbursables
CPH Standard Rates CPH Standard Rates
Category Rate Category Rate
Sr. Principal $155 Principal Landscape Architect $145
Sr. Project Manager $145 Sr. Landscape Architect $120
Project Manager $135 Landscape Architect $100
Sr. Landscape Designer $95
Professional Engineer $125 Landscape Designer $80
Sr. Project Engineer $120
Project Engineer $110 Sr. Project Coordinator 895
Project Designer $110 Project Coordinator $85
Principal Traffic Engineer $145 Sr. Design Technician $100
Sr. Traffic Engineer 11 $145 Design Technician 890
Sr. Traffic Engineer 1 $130 Sr. CADD Technician 880
Traffic Engineer $125 CADD Technician $75
Sr. Traffic Analyst $115 CADD Operator $65
Traffic Analyst $100 Administrative $70
Clerical 11 $55
Environmental Scientist Director $130 Clerical 1 $35
Senior Environmental Scientist $120
Environmental Scientist V $100 Sr. Construction Manager $115
Environmental Scientist IV $90 Construction Manager 8100
Environmental Scientist III $80 Construction Field Representative 11 $95
Environmental Scientist 11 $7O Construction Field Personnel 1 $75
Environmental Scientist 1 $65
Sr. GIS Analyst $100 Principal Surveyor $140
Sr. Professional Surveyor $125
GIS Specialist $75 Professional Surveyor and Mapper $120
Sr. Arborist $120 Field Technician /Designer 5100
Surveyor in Training 595
Principal Planner $145 Survey Project Manager /CADD $95
Sr. Planner $125 Field Crew Coordinator 590
Planner 1 $95 Survey Party Chief $70
Planner $80 Survey Instrument Man 560
Surveying Sr CADD Tech $80
Principal Architect $145 Surveying CADD Tech 570
Sr. Architect $135 Survey Crew (2 Man) 5130
Survey Crew (Construction Staking - 2 Man) 5155
Architect $115 Survey Crew (3 Man) 5150
Senior Architectural Designer $110 GPS (1 Man) / Robotics 5125
Architectural Designer $100 GPS (2 Man) 5160
Architectural Coordinator $80 1 Man Scanner /Laser Survey Crew $260
2 Man Scanner /Laser Survey Crew 8285
Schedule of Reimbursable Charges
Copies (B&W) Plots (B&W) Mileage At Current IRS
8.5 x 11 50.05 Each 11 X 17 $ 0.21 Each Rates
8.5 x 14 $0.10 Each 12 X 18 $ 0.24 Each Phone At Cost
11 x 17 $0.20 Each 15 X 21 $ 0.35 Each Postage At Cost
Outside Reimbursables At Cost
34 X 22 $ 0.83 Each
Copies (Color) 24 X 36 $ 0.96 Each
8.5 x 11 $0.60 Each 30 X 42 $ 1.42 Each
8.5 x 14 50.75 Each 36 X 48 $ 1.92 Each
11 x 17 $0.85 Each Billing and Reimbursable
Plots (Color /Bond) Rates Are Subject To Periodic
Review and Adjustment.
Mylars 24 x 36 $36.00 Each Updated: January 17, 2011
24 x 36 $9.00 Each 30 x 42 $52.50 Each
32 x 42 513.00 Each 36 x 48 $72.00 Each
@ply