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1474 CPH EngineersPURCHASING DEPARTMENT TRANSMITTAL MEMORANDUM TO: City Clerk/ Mayor RE: CPH Engineers Inc PO 32756 and Work Order No. CPH -032 Updates for CAR,MOP, CIP, and AO FY 2012 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) ❑ Recording ❑ Letter of Credit ❑ Rendering ❑ Maintenance Bond ® Safe keeping (Vault) ❑ Ordinance ❑ ❑ Performance Bond ❑ Payment Bond ❑ Resolution ❑ City Manager Signature ❑ ❑ City Clerk Attest/Signature Once completed, please: ❑ Return originals to Purchasing ❑ Return copies Special Instructions: Mari sol Ordonez f 0 / From W Y Date TADept_ forms \City Clerk Transmittal Memo - 2009.doc DATE: 01/19/12 PURCHASING OFFICE: 407.688.5030 ACCOUNTS PAYABLE: 407.688.5020 FACSIMILE: 407.688.5021 VENDOR NO.: 219 TO: CPH ENGINEERS, INC 500 WEST FULTON ST P.O. BOX 2808 SANFORD, FL 32772 -2808 PO NUMBER 032756 SUBMIT INVOICES TO: ACCOUNTS PAYABLE FINANCE DEPT. P.O. BOX 1788 SANFORD,FL32772 SHIP TO: CITY OF SANFORD 300 N. PARK AVENUE SANFORD, FL 32771 DELIVER BY TERMS F.O.B. DESTINATION BID OR QUOTATION NO. REQUISITION NO. UNLESS OTHERWISE INDICATED 09/30/12 NET /30 63040 ACCOUNT NO.: 451-4520-536.31-00 PROJECT NO.: NO DEVIATION FROM THIS PURCHASE ORDER WILL BE ALLOWED UNLESS AUTHORIZED BY THE PURCHASING MANAGER - CITY OF SANFORD ITEM NO. DESCRIPTION QUANTITY UNIT OF ISSUE UNIT COST EXTENDED COST 1 SCOPE OF SERVICES FOR CAR, MOP, 18942.00 NA 1.00 18942.00 CIP & AO UPDATES FOR 2012 SUB TOTAL 18942.00 TOT %L 18942.00 APPROVED BY: 4 & PU ' RCHA 1 AGENT PURCHASE ORDER CITY OF SANFORD P.O. BOX 1788 (300 NORTH PARK AVENUE) SANFORD, FLORIDA 32772 FLORIDA TAX EXEMPT NO.: 858012621681 C -8 _ I APPROVED BY: CITY MANAG ALL PACKAGES AND INVOICES ASSOCIATED WITH THIS P.O. MUST BEAR THIS PURCHASE ORDER NUMBER. THE VENDOR IS RESPONSIBLE TO CAREFULLY READ AND COMPLY WITH ALL OF THE STANDARD TERMS AND CONDITIONS PROVIDED ON THE REVERSE SIDE OF THIS PURCHASE ORDER AND AT HTTP: //WWW.SANFORDFL.GOV /DEPARTMENTS /PURCHASE/TERMS.HTML COPIES TO: VENDOR ORIGINATING DEPARTMENT PURCHASING PURCHASE ORDER TERMS AND CONDITIONS 1. By accepting this Purchase Order (PO) the Vendor accepts all of the Terms and Conditions included herein. The Buyer is the City of Sanford, Florida, hereinafter referred to as the "City ". The term "City" is used in a broad sense to include its employees, directors, officers, agents, volunteers, etc. 2. All Information referenced is hereby incorporated Into the PO. These Terms and Conditions may be varied only by written amendment signed by the parties. All modifications in performance, including but not limited to, extensions of time, renewal, or substitution are void absent dually signed amendment by the parties. Time is of the essence of the lawful performance of the duties and obligations contained In the Purchase Order. The Vendor agrees that Vendor shall diligently and expeditiously pursue Vendor's obligations. 3. Cancellation rights reserved by the City. The City may cancel this PO in whole or in part at any time for default by written notice to the Vendor. The City shall have no liability to the Vendor beyond payment of any balance owing for Material purchased hereunder and delivered to and accepted by the City prior to the Vendor's receipt of the notice of termination. 4. Terms of Shipping are F.O.B. the City's delivery location unless otherwise noted within the terms of this PO. Regardless of the Indicated F.O.B. point, the City does not accept title until the delivery is acknowledged by an authorized City representative" 5. Prices stated on this PO are firm, all inclusive and consistent with applicable negotiations, bid(s) and /or quotations. The City is exempt from the Florida Sales and Use Tax and will furnish the Vendor with proof of tax exemption upon request. Extra charges for any purpose will not be allowed unless explicitly indicated on the PO. This order is hereby cancelled, If pricing is omitted. 6. The Vendor warrants that any material or equipment supplied hereunder is new, unused condition and free from defects In title, workmanship, defects in design and in full compliance with the specifications defined by the City in the order. The goods or services furnished under this PO are covered by commercial warranties for such goods or services and that the rights and remedies provided therein are in addition to and do not limit those available to the City. A copy of these warranties and all applicable manufacturers' warranties shall be furnished at the time of delivery. 7. The City reserves the right to conduct any inspection or Investigation to verify compliance of the goods and /or services with the requirements of this purchase order and to reject any delivery not in compliance If any deficiency is not visible at the time of delivery the City reserves the right to take and /or require appropriate corrective action upon the discovery of any deficiency, non - compliance, or defect 8. All tools or property furnished to the Vendor by the City shall remain the property of the City, be subject to removal upon the City's demand, be used only on behalf of the City, be maintained in good order, and be clearly Identified as property of the City. The Vendor assumes any and all liability of whatsoever type or nature for loss or damage to such property. 9. The Vendor agrees to comply with all Federal, State of Florida, Seminole County, City laws, ordinances, regulations, authority and codes and authority having jurisdiction over the purchase. 10. To the fullest extent permitted by law, the Vendor shall indemnify, hold harmless and defend the City, its agents, servants, officers, officials and employees, or any of them, from and against any and all claims, damages, losses, and expenses including, but not limited to, attorney's fees and other legal costs such as those for paralegal, Investigative, and legal support services, and the actual costs incurred for expert witness testimony, arising out of or resulting from the performance or provision of services required under this Agreement, provided that same is caused In whole or in part by the error, omission, act, failure to act, breach of contract obligation, malfeasance, officers, officials, employees, or agents. Additionally, the Vendor accepts responsibility for all damages resulting in any way related to the procurement and delivery of goods or services contemplated in this purchase order. Nothing herein shall be deemed to affect the rights, privileges, and immunities of the City as set forth in Section 768.28, Florida Statutes. 11. The Vendor shall not assign this PO, any rights under this PO or any monies due or to become due hereunder nor delegate or subcontract any obligations or work hereunder without the prior written consent of the City. 12. The Vendor shall not disclose the existence of this PO without prior written consent of the City except as may be required to perform this PO. 13. All Material purchased hereunder must be packaged to ensure Its security and delivery in accordance with the City's shipping and packaging specification and good commercial practice. Each package shall be labeled indicating the addressee of each package or shipment and the applicable PO number. All shipments shall comply with HAZMAT requirements including, but not limited to, (DOT) regulations published in 49CFR 1399, OSHA regulations 29 CFR 4999. 14. The Vendor shall perform the obligations of this PO as an independent contractor and under no circumstances shall it be considered as agent or employee of the City. 15. The Vendor ensures that its personnel shall comply with reasonable conduct guidelines and City policies and procedures. 16. After each delivery, the Vendor shall provide to the "bill to address" an original, "proper invoice" (single copy) which Includes: a) Vendor's name(dba), telephone number, mailing address; b) City's P.O. Number; c) Date of Invoice; d) Shipping date; e) Delivery date; f) Payment terms; g) Description of goods /services; h) quantity; i) Unit price; j) Extended price; k) Total. The City has the right to reconcile invoice with the PO and adjust payment accordingly to comply with the PO. Payment will be made only to the Vendor identified on the PO and for received and accepted goods /services. The City shall have right at any time to set -off any amounts due to the Vendor against any amounts owed to the City by the Vendor and shall in the case of Vendor default retain the right to further adjust payments as consistent with the best interests of the City. 17. Payment of invoices will be in compliance with Chapter 218, Part VII of Florida Statutes, City Ordinance No. 3029, Purchasing Policy of the City and the stipulations, terms and conditions of this PO. Any cash discount period will date from receipt of Invoice, receipt of actual delivery or date of Invoice, which ever is later. 18. If this PO involves the Vendor's performance on the City's premises or at any place where the City conducts operations, the Vendor shall request information from the Purchasing Manager regarding insurance coverage requirements. In circumstances where insurance is required, Vendor shall provide proofs of insurance required by the City, or City reserves the right to cancel this Purchase Order, Immediately suspend performance by the Vendor at Vendor's expense and prohibit access to City premises until such proofs of insurance is verified. Noncompliance with this item shall place the Vendor in default and subject to disbarment from the City's Vendor List. 19. The failure of the city to enforce any provision of this PO, exercise any right or privilege granted to the City hereunder shall not constitute or be construed as a waiver of any such provision or right and the same shall continue in force. 20. The Vendor shall notify the Purchasing Manager of any Inherent hazard and applicable precautions, protective measures and provide any additional relevant information, including MSDS, related to the Material being purchased herein. 21. The City shall have the right at no additional charge to use all or portions of material found in the Vendor's applicable literature relevant to the purchase. The Vendor agrees to advise the City of any updated information relative to the foregoing literature and documentation with timely written notice. 22. A person or affiliate who has been removed from the City's Vendor List may not submit a bid or transact business with the City in excess of Category Two for a period of thirty -six (36) months from the date of being removed from the City's Vendor List. 23. In compliance with 8 U.S.C. Section 1324a(e) (Section 274A(e) of the Immigration and Nationality Act (INA)], the City will not Intentionally make an award or upon discovery of a violation will unilaterally cancel this PO with any contractor who knowingly employs unauthorized alien workers. 24. This PO shall be governed by and interpreted in accordance with the laws of the State of Florida. In any action or proceeding required to enforce or Interpret the terms of this Agreement, venue shall be of the Eighteenth Judicial Circuit in and for Seminole County, Florida �'1 TUOR o. nant Teal an7.6118.5028 or 407.688.5030 Fax: 407.688.5021 Finance Dept 407.688.5020 EXHIBIT A WORK ORDER FORM Work Order Number CPH -032 CITY OF SANFORD FLORIDA Master Agreement/Contract Number: Q11306.116R00 Dated: 1/16/2012 Contract/Project Title CAR, MOP, CIP Annual Updates Solicitation No: ISanford Project No. jPurchase Order No. Consultant/Contractor: CPH Engineers, Inc. Consultant/Contractor's Business Address, Phone Number, Fax Number and E -mail Address 500 West Fulton Street, Sanford, FL 32771 Phone: 407 - 322 -6841 Fax: 407 - 330 -0639 Email Address: bfries @cphengineers.com 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 SPECIAL CONDITIONS TIME BASIS - LIMITATION OF FUNDS PRICING IINFORMATION UNIT PRICE BASIS -NOT TO EXCEED AMOUNT WO TERMS AND CONDITIONS TIME FOR COMPLETION: 120 Days of the effective date of this 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: $ 18942 Dollar Amount Written Out: Eighteen Thousand Nine Hundred Forty Two Dollars In Witness Where of, the parties hereto have made and executed this Work Order on the respective dates under each signature: The City through its City Commission taking action on the 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: Signature, Corporate Officer Signature, Corporate President Linda M. Gardner, Sec/Treasurer 1/18/12 David A. Gierach 1/18/12 Corporate Officer Printed Name, Title and Date Corporate President, Printed Name and Date CITY OF SANFORD I ' Signature, Pur asing Manager S t -A /- z3 -z.� /z__ Purchasing Manager, Printed Name and Date Signature, Clerk Signat re, City _ m0nager %-' /Z City Clerk, Printed Name and Date City Manager, Printed Name and Date Kevisea: 1 -t -zui i WORK ORDER TERMS AND CONDITIONS 1. By accepting this Work Order (WO) the Contractor/Vendor /Contractor accepts all of the Terms and Conditions included herein. The Buyer is the City of Sanford, Florida, hereinafter referred to as the "City ". The term "City" is used in a broad sense to include its employees, directors, officers, agents, volunteers, etc. 2. All information referenced is hereby incorporated into the WO. These Terms and Conditions may be varied only by written amendment signed by the parties. All modifications in performance, including but not limited to, extensions of time, renewal, or substitution are void absent dually signed amendment by the parties. Time is of the essence of the lawful performance of the duties and obligations contained in the Work Order. The Vendor /Contractor agrees that Vendor /Contractor shall diligently and expeditiously pursue Vendor /Contractor's obligations. 3. Cancellation rights reserved by the City. The City may cancel this WO in whole or in part at any time for default by written notice to the Vendor /Contractor. The City shall have no liability to the Vendor /Contractor beyond payment of any balance owing for Material purchased hereunder and delivered to and accepted by the City prior to the Vendor /Contractor's receipt of the notice of termination. 4. Terms of shipping are F.O.B. the City's delivery location unless otherwise noted within the terms of this WO. Regardless of the indicated F.O.B. point, the City does not accept title until the delivery is acknowledged by an authorized City representative" 5. Prices stated on this WO are firm, all inclusive and consistent with applicable negotiations, bid(s) and /or quotations. The City is exempt from the Florida Sales and Use Tax and will furnish the Vendor /Contractor with proof of tax exemption upon request. Extra charges for any purpose will not be allowed unless explicitly indicated on the WO. This order is hereby cancelled, if pricing is omitted. 6. The Vendor /Contractor warrants that any material or equipment supplied hereunder is new, unused condition and free from defects in title, workmanship, defects in design and in full compliance with the specifications defined by the City in the order. The goods or services furnished under this WO are covered by commercial warranties for such goods or services and that the rights and remedies provided therein are in addition to and do not limit those available to the City. A copy of these warranties and all applicable manufacturer's warranties shall be furnished at the time of delivery. 7. The City reserves the right to conduct any inspection or investigation to verify compliance of the goods and /or services with the requirements of this Work order and to reject any delivery not in compliance If any deficiency is not visible at the time of delivery the City reserves the right to take and /or require appropriate corrective action upon the discovery of any deficiency, non - compliance, or defect 8. All tools or property furnished to the Vendor /Contractor by the City shall remain the property of the City, be subject to removal upon the City's demand, be used only on behalf of the City, be maintained in good order, and be clearly identified as property of the City. The Vendor /Contractor assumes any and all liability of whatsoever type or nature for loss or damage to such property. 9. The Vendor /Contractor agrees to comply with all Federal, State of Florida, Seminole County, City laws, ordinances, regulations, authority and codes and authority having jurisdiction over the purchase. 10. To the fullest extent permitted by law, the Vendor /Contractor shall indemnify, hold harmless and defend the City, its agents, servants, officers, officials and employees, or any of them, from and against any and all claims, damages, losses, and expenses including, but not limited to, attorney's fees and other legal costs such as those for paralegal, investigative, and legal support services, and the actual costs incurred for expert witness testimony, arising out of or resulting from the performance or provision of services required under this Agreement, provided that same is caused in whole or in part by the error, omission, act, failure to act, breach of contract obligation, malfeasance of officers, officials, employees, agents or subcontractors of Vendor /Contractor. Additionally, the Vendor /Contractor accepts responsibility for all damages resulting in any way related to the procurement and delivery of goods or services contemplated in this Work order. Nothing herein shall be deemed to affect the rights, privileges, and immunities of the City as set forth in Section 768.28, Florida Statutes. 11. The Vendor /Contractor shall not assign this WO, any rights under this WO or any monies due or to become due hereunder nor delegate or subcontract any obligations or work hereunder without the prior written consent of the City. 5 � Y WORK ORDER TERMS AND CONDITIONS -Page 2 12. The Vendor /Contractor shall not disclose the existence of this WO without prior written consent of the City except as may be required to perform this WO. 13. All Material purchased hereunder must be packaged to ensure its security and delivery in accordance with the City's shipping and packaging specification and good commercial practice. Each package shall be labeled indicating the addressee of each package or shipment and the applicable WO number. All shipments shall comply with HAZMAT requirements including, but not limited to, (DOT) regulations published in 49CFR 1399, OSHA regulations 29 CFR 4999. 14. The Vendor /Contractor shall perform the obligations of this WO as an independent contractor and under no circumstances shall it be considered as agent or employee of the City. 15. The Vendor /Contractor ensures that its personnel shall comply with reasonable conduct guidelines and City policies and procedures. 16. After each delivery, the Vendor /Contractor shall provide to the "bill to address" an original, "proper invoice" (single copy) which includes: a) Vendor /Contractor's name(dba), telephone number, mailing address; b) City's P.O. Number; c) Date of invoice; d) Shipping date; e) Delivery date; f) Payment terms; g) Description of goods /services; h) quantity; i) Unit price; j) Extended price; k) Total. The City has the right to reconcile invoice with the WO and adjust payment accordingly to comply with the WO. Payment will be made only to the Vendor /Contractor identified on the WO and for received and accepted goods /services. The City shall have right at any time to set -off any amounts due to the Vendor /Contractor against any amounts owed to the City by the Vendor /Contractor and shall in the case of Vendor /Contractor default retain the right to further adjust payments as consistent with the best interests of the City. 17. Payment of invoices will be in compliance with Chapter 218, Part VII of Florida Statutes, City Ordinance No. 3029, Purchasing Policy of the City and the stipulations, terms and conditions of this WO. Any cash discount period will date from receipt of invoice, receipt of actual delivery or date of invoice, which ever is later. 18. If this WO involves the Vendor /Contractor's performance on the City's premises or at any place where the City conducts operations, the Vendor /Contractor shall request information from the Purchasing Manager regarding insurance coverage requirements. In circumstances where insurance is required, Vendor /Contractor shall provide proofs of insurance required by the City, or City reserves the right to cancel this Work Order, immediately suspend performance by the Vendor /Contractor at Vendor /Contractor's expense and prohibit access to City premises until such proofs of insurance is verified Noncompliance with this item shall place the Vendor /Contractor in default and subject to disbarment from the City's Vendor /Contractor List. 19. The failure of the city to enforce any provision of this WO, exercise any right or privilege granted to the City hereunder shall not constitute or be construed as a waiver of any such provision or right and the same shall continue in force. 20. The Vendor /Contractor shall notify the Purchasing Manager of any inherent hazard and applicable precautions, protective measures and provide any additional relevant information, including MSDS, related to the Material being purchased herein. 21. The City shall have the right at no additional charge to use all or portions of material found in the Vendor /Contractor's applicable literature relevant to the purchase. The Vendor /Contractor agrees to advise the City of any updated information relative to the foregoing literature and documentation with timely written notice. 22. A person or affiliate who has been removed from the City's Vendor /Contractor List may not submit a bid or transact business with the City in excess of Category Two for a period of thirty -six (36) months from the date of being removed from the City's Vendor /Contractor List. 23. In compliance with 8 U.S.C. Section1324a(e) [Section 274A(e) of the Immigration and Nationality Act (INA)], the City will not intentionally make an award or upon discovery of a violation will unilaterally cancel this WO with any contractor who knowingly employs unauthorized alien workers. WORK ORDER TERMS AND CONDITIONS -Page 3 24. This WO shall be governed by and interpreted in accordance with the laws of the State of Florida. In any action or proceeding required to enforce or interpret the terms of this Agreement, venue shall be of the Eighteenth Judicial Circuit in and for Seminole County, Florida 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: (i) 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. CAPACITY ANALYSIS REPORT (CAR), MONITORING & OPERATING PROTOCOL (MOP), CAPITAL IMPROVEMENTS PROGRAM (CIP) , ANNUAL UPDATES AND SEMI - ANNUAL ADMINISTRATIVE ORDER (AO) UPDATES FOR THE CITY OF SANFORD -2012 1.1 CAR, MOP and CIP UPDATES and SEMI - ANNUAL AO LETTERS 1.1.1 The City of Sanford operates two FDEP permitted wastewater treatment facilities as identified below: A. Sanford South Water Resource Center (SSWRC) - currently operating under FDEP Operations Permit No. FLA181714 B. Sanford North Water Reclamation Facility (SNW RF) -currently operating under FDEP Operations Permit No. FL0020141 1.1.2 In accordance with the above referenced Operations Permit conditions and Chapters 62 -4, 62 -600 and 62 -620, F.A.C., the City must annually update and submit a Capacity Analysis Report (CAR), and all associated operating data, reports and documentation, to the Florida Department of Environmental Protection (FDEP). 1.1.3 The City is required to submit and "updated" Monitoring and Operating Protocol (MOP) as modifications are made to the unit operations and processes, new equipment is added or as regulatory requirements change. 1.1.4 The City is currently updating their 5 -Year Capital Improvements Program (CIP) and evaluating the need to adjust water, wastewater and reclaimed water rates. 1.1.5 The City is required to submit semi - annual letters outlining progress toward compliance with the Administrative Order to the FDEP - Central District. 1.2 GENERAL SERVICES OF THE CONSULTANT 1.2.1 The Consultant agrees to perform professional engineering services in connection with the project hereinafter stated. 1.2.2 The Consultant will serve as the City's professional engineering representative in those phases of the project (CAR, MOP, CIP and AO components) to which this Scope of Services applies, and will meet with, consult with, and provide advice to the City during the performance of these services. 1.2.3 The Consultant will provide the required professional engineering services for the generation of an "updated" Capacity Analysis Report, "updated" Monitoring and Operating Protocol to comply with the FDEP requirements and provide professional engineering services associated with the 5 -Year Capital Improvements Plan (CIP) evaluation being conducted as part of the Rate Structure review. 1.2.4 The Consultant will provide the required professional engineering services for the generation of semi - annual letters outlining the progress toward compliance with the FDEP Administrative Order No. 09 -0002. The letters are to be submitted to the FDEP - Central District by March 1, 2012 and September 1, 2012. 1.2.5 The Consultant shall provide all services required to complete each task, associated with the generation of the CAR, MOP and the CIP evaluation /review and the semi- annual AO compliance letters in accordance with regulatory requirements in effect on the date of execution of this Scope of Services and shall complete the work stated herein, incorporate the City's review comments and submit the CAR, MOP and semi - annual letters addressing the AO to the FDEP by the regulatory deadlines required by the FDEP. The Consultant shall perform professional services, as hereinafter stated, in accordance with good engineering practices and best wastewater management practices. 1.3 PROFESSIONAL CONSULTING SERVICES 1.3.1 The Consultant shall provide the following professional engineering services for the generation of the CAR and MOP and assist the City and their subconsultant in the review and evaluation of the City's 5 -Year CIP. 1.3.2 "Update" of the CaoacitV Analysis Report (CAR) A. This project element will include the generation of an "updated" CAR to include the following items in accordance with the above referenced FDEP requirements: (1) Update the following sections of the "existing" CAR: (a) Section 1 - Introduction (b) Section 2 - Existing Conditions (i) Water Management (ii) Wastewater Management (iii) Reclaimed Water Management 2 (c) Section 3 - Future Conditions (i) Water Management (ii) Wastewater Management (iii) Reclaimed Water Management (d) Section 4 - Summary and Conclusions (e) Section 5 - Reclaimed Water Disposal (f) Appendices (General Design Criteria for the SNWRF and SSWRC, Reclaimed Water Information and Documentation). (2) Evaluation of the following for incorporation into the "update ": (a) The permitted capacity of the treatment facility's. (b) Assessment of the actual capacity of the facility's. (c) Monthly average flows and loadings of each of the treatment facility's. (d) Rolling three -month average daily flows at each treatment facility. (e) Annual average daily flows for the treatment facility's. (f) Seasonal flow and loading variations. (g) Flow projections for the next ten (10) years based on local population growth and water usage. (h) An estimate of the time required for the three -month ADF to reach permitted design capacity. (i) Recommendations for expansion, as required. Q) Detailed schedules with dates for planning, design, permit application submittal, start of construction, and start of operation. (k) Update of flow - related and loading information. 1.3.3 "Update" of the Monitorina & Operatina Protocols (MOP's A. This project element will include the generation of "updated" MOP's for the Sanford North WRF ( SNWRF) and Sanford South WRC (SSWRC) to include the following items in accordance with the above referenced FDEP requirements: 3 (1) Update the following sections of the "existing" MOP's. (a) Section 1 - Monitoring and Operating Protocol (b) Section 2 - Compliance Monitoring Parameters (c) Section 3 - Compliance Monitoring Equipment (d) Section 4 - Operating and Control Equipment (e) Section 5 - Operations and Procedures (f) Section 6 - Procedures when Effluent is of Unacceptable Quality (g) Section 7 - Alternate Procedures when the Continuous Monitoring Equipment is Out of Service (h) Section 8 - Water Quality Verification Procedures (2) Evaluation of the following for incorporation into the "update ": (a) Sampling Requirements. (b) Current monitoring equipment and capabilities. (c) Normal operational procedures. (d) Procedures when monitoring parameters approach set point levels. (e) Off -site storage of reclaimed water. (f) Reclaimed Water Quality. (g) Discharge Monitoring Reports. 1.3.4 Assistance in Development of the City's 5 -Year Capital Improvements Program (CIP) A. Assist the City and their rate consultant with the development of a "strategic" 5- Year Capital Improvements Program (CIP) to be used in evaluation of the current utility rate structure. B. Review and evaluate critical improvements that will have to be made to the water, wastewater, biosolids and reclaimed water management systems. C. Generate conceptual estimates for the proposed requirements. D. Generate schedules for the proposed improvement. 21 1.3.5 Submission of FDEP Administrative Order (AO) Progress Letters A. Generation of semi - annual letters outlining progress toward compliance with the conditions and timeframes specified in FDEP Administrative Order's (No. 09- 0002) Compliance Plan. B. Develop the first semi - annual progress letter, in a "draft" form, for review and comment by the Utility Director. The Consultant shall incorporate the review comments, if any, and generate the "final" compliance Progress Letter and submit to FDEP - Central District by the March 1, 2012 deadline. C. Develop the second semi - annual progress letter, in a "draft" form, for review and comment by the Utility Director. The Consultant shall incorporate the review comments, if any, and generate the "final" compliance Progress Letter and submit to FDEP - Central District by the September 1, 2012 deadline. D. The Consultant shall provide any additional information required by FDEP in association with the Progress Letters, Administrative Order Conditions and as it relates to the Nutrient Removal Improvements proposed at both the Sanford North and Sanford South W RC. 1.4 CITY RESPONSIBILITIES 1.4.1 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 herein, 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 herein. 1.4.2 Obtain and provide data requested that is reasonably available on the Project along with operational and maintenance requirements, discharge monitoring report data, wastewater, reclaimed water and domestic biosolids data, wastewater generators and reclaimed water users, other pertinent wastewater treatment facility data, easement and right -of -way requirements, etc. 1.4.3 Guarantee access to and make all provisions for the Consultant to enter upon public and private lands as required for the Consultant to perform the work identified herein. 1.4.4 Make all treatment facilities and associated sites accessible for inspection. 1.4.5 Examine all studies, reports, sketches, schedules, Progress Letters 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 and to meet the regulatory deadlines. 5 1.4.6 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 in accordance with all regulatory requirements. 1.5 PAYMENT 1.5.1 The Consultant agrees to perform the work outlined herein for a lump sum fee of $18,942, inclusive of out -of- pocket expenses. December 18, 2011 I✓