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301-CUP Renewal & Compliance ,jt/r EXHIBIT A-1 WORK ORDER FORM applicable to work items less than $50,000 1;",,1 ~;E fL ".a CITY OF SANFORD, FLORIDA Work Order Number: CPH-007 Revised '~:i ~",,' Y' Master Agreement/Contract Number: Q11306.116ROO Dated: CUP Renewal Compliance Report for Permit #50965 Contract/Project Title: Additional Services for Response to RAI Solicitation No: Sanford Project No: Purchase Order No: 3( &" ~ Consultant/Contractor: CPH Enqineers. Inc. Consultant/Contractor's Business Address, Phone Number, Fax Number and E-mail address: 500 West Fulton Street. Sanford. Florida 32771 Phone 407-322-6841 Fax 407-330-0639 ATTACHMENTS TO THIS WORK ORDER: METHOD OF COMPENSATION: [] DRAWINGS/PLANS/SPECIFICATIONS [] FIXED FEE BASIS [ X ] SCOPE OF SERVICES [ X ] TIME BASIS - NOT-TO- EXCEED AMOUNT [] SPECIAL CONDITIONS [] TIME BASIS - LIMITATION OF FUNDS [] PURCHASE ORDER (REQUIRED) [ ] TIME FOR COMPLETION: The services to be provided by the CONSULTANT/CONTRACTOR shall commence upon execution of this Work Order by the parties and shall be completed within the time frame of days of the effective date of this Work Order. Failure to meet the stated completion time requirement may be grounds for termination for default. Work Order Amount: Twenty One Thousand Five Hundred Dollars ($ 21.500.00 ) NOTE: The total dollars (cumulatively) associated with this Work Order including future change orders shall not exceed $50,000 without City Commission Approval. IN WITNESS WHEREOF, the parties hereto have made and executed this Work Order on the respective dates under each signature by and through its duly authorized corporate officer having the full and complete authority to execute same. VJ;1 , ['r). JJ~ By: Linda M. Gardner Corporate Secretary or Witness CO..~SULT~NTIC?N~CTO~ ~/ il 'l' ~ '/ j liP Da~id A. Terwilleqer / Corporate Vice President Date: October 26. 2009 ~ TTEST: '\ ' (\ I 1..J-IJ /.' . 1 ;11,0/\ . ~al1id!j: tanet Dougherty, City clerk CITY OF SANFORD Ir-,/a~ ~~ 'I7i HI t1-:uZ ~./ ~ 't;;e,r,,.., ~ m. ~tfI.#>6"" Printed Name and"f. Ie / . san pur 111908-WO-Mod 1 010809 1 nf ') EXHIBIT "A-1" WORK ORDER TERMS AND CONDITIONS Execution of this Work Order along with an appropriate Purchase Order(PO) by the CITY 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," to that certain Agreement cited on the face of this Work Order which is incorporated herein by reference as if it 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. If this Work Order conflicts with said Agreement, the Agreement shall prevail. 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. 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. 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 as delegated by the City Commission and not until then. A copy of this executed Work Order along with a PO will be forwarded to the CONSULTANT/CONTRACTOR at the completion of that action. It is noted that the PO Number must be indicated on all invoices germane to the Work Order. It is noted that the executed PO must be issued prior to proceeding with work identified by this Work Order sanpur 111908-WO-Mod 1 010809 ., nf ., General 1.1 Introduction 1.1.1 This Amendment work is to generally provide for engineering services for responding to the SJRWMD RAI dated August 28, 2009 regarding CUP Application No. 2-117-50965-3. 1.1.3 Additional subconsultant services including wetland assessments, TMDL Modeling, MFL Modeling, land acquisition, title searches, boundary surveys, preparation of legal descriptions or sketches of description, geotechnical testing, are not included. If these services are subsequently determined advisable during the course of 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. SECTION 2 Scope of Services 2.1 General Description 2.1.1 CPH will compile and review pertinent information to prepare a response to the SJRWMD RAI dated August 28,2009. 2.1.2 CPH will compile responses to the questions contained in the RAI with the assistance of the City. Based on our discussions we will provide information on the Potable Water System prepared from the compliance report for that permit. We will not update the information for the Potable Water System as requested by SJRWMD at this time since the Potable Water System is permitted by a separate CUP and the compliance report for that permit is not currently due. 2.1.3 CPH will respond to the questions in the RAI with emphasis on the City's need to reuse waste water flows to the City's two Water Reclamation Facilities. Reuse of the City's waste water flows under most flow conditions and minimizing the need to discharge waste water to the St. Johns River except during extremely wet conditions is the primary purpose of the City's RW system. Our RAI response will consider the City's need to maintain a reliable RW system which can serve as the primary method of reusing flows to the City's Water Reclamation Facilities along with the need to conserve water resources. We will review population projection methodology considering areas served and the waste water flow resulting from the area served. We will emphasize the City's obligation to balance the need for conservation with the requirement to minimize discharge of waste water flows to the St. Johns River. We will compile information regarding the City's conservation and recharge programs including development regulations, ordinances, utility standards, and educational programs. We will also compile information regarding the City's well metering and water meter testing, repair, calibration and testing program. 2.1.4 SJRWMD has asked for a detailed analysis of the potential impacts of the permitted use of water and how withdrawal of surface water will impact the St. Johns River and other environmental concerns. For our response to this section we will review information submitted in support of the recently approved Seminole County CUP and technical staff reports associated with that application. We will review environmental, hydrologic, and hydraulic models associated with the review of the Seminole County submittal which was recently approved by SJRWMD. That information should demonstrate no adverse impacts J:\S061 02\Contract\Proposal Additional Engineering Services for first RAI.doc from Sanford's withdrawal. Based on the anticipated findings in the Seminole County CUP information we do not propose to meet with SJRWMD at this time. 2.1.5 We will use the information described above for the RFI response and will submit the response to SJRWMD prior to the RFI deadline of December 28, 2009. SECTION 3 Additional Services of the ENGINEER 3.1 If authorized by the CITY, the ENGINEER shall furnish or obtain from others the following additional services, or the CITY may provide these services separately or directly with the provider. Such additional services will be paid for by the CITY as outlined in Section 5. 3.1.1 Additional services due to significant changes in the scope of the project or its design including, but not limited to, complexity, character of construction or due to time delays in initiating or completion of the work as described herein. 3.1.2 Provide through subconsultants, geotechnical testing; wetland identification and preparation of mitigation plans; land acquisition boundary surveys, title searches, preparation of legal descriptions or sketches of description; or other specialist services including real estate or right-of-way agents, project or construction management, financial or budgetary consultants, and bookkeeping or accounting services. If these services are subsequently determined advisable during the course of work, they may be considered for authorization as an additional service under this section or separately provided by the CITY. 3.1.3 Except as otherwise provided herein, services or additional costs associated with revising previously accepted studies, reports, or other documents prepared by the ENGINEER when such revisions are due to causes beyond the ENGINEER's control. 3.1.4 Additional services resulting from public protests, administrative hearings, or similar matters. 3.1.5 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. 3.1.6 Furnishing additional sets of prints of drawings and other Documents beyond those designated in Section 2. 3.1.7 Additional engineering services required by revisions to regulations (after the date of this Amendment) as applicable to the Florida Department of Environmental Protection, the St. Johns River Water Management District, Corps of Engineers, Seminole County, FDOT, or other regulatory agency requirements or revisions necessary due to changes in the Road Improvement Plans. 3.1.8 Additional services in connection with the project including services normally furnished by the CITY as described in Section 4 herein and services not otherwise provided for in this Agreement. 3.1.9 Responses to subsequent RAI's. SECTION 4 CITY Responsibilities 4.1 The CITY will: 4.1.1 Advise the ENGINEER 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 Amendment, J:\S06102\Contract\Proposal Additional Engineering Services for first RAl.doc 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 Amendment. 4.1.2 Obtain and provide data requested that is reasonably available on the project along with operational and maintenance requirements. 4.1.3 Guarantee access to and make all provisions for the ENGINEER to enter upon public and private lands as required for the ENGINEER to perform his work under this Amendment. 4.1.4 Make facilities accessible for inspection. 4.1.5. Examine all studies, reports, sketches, schedules, and other documents presented by the ENGINEER and render decisions pertaining thereto within a reasonable time so as not to delay the work of the ENGINEER. 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. 4.1.6 Furnish or direct the ENGINEER in writing to provide at the CITY's expense, any sub- consultant services not designated in Section 2, if advised by the ENGINEER and CITY concurs that they are necessary. 4.1.7 Provide such legal, accounting, financial and insurance counseling services as may be required for the project, and such auditing services as the CITY may require. 4.1.8 Give prompt written notice to the ENGINEER whenever the CITY observes or otherwise becomes aware of any defect in the Project. SECTION 5 Payment 5.1 General Payment Provisions 5.1.1 Compensation paid ENGINEER for services described herein and rendered by principals and employees assigned to the Project will be computed by multiplying Standard classification billing rates for all classifications of employees directly engaged on the project, times the numbers of hours worked on the project. 5.1.2 The engineering fee for the services described herein is estimated to be $21,500, inclusive of out-of-pocket expenses. Invoices will be submitted periodically, indicating the hours expended during that billing cycle. 5.1.3 The CITY will make prompt monthly payments in response to ENGINEER's monthly statements without retention for all categories of services rendered under this Agreement and for reimbursable expenses incurred. 5.1.4 Charges for the services rendered by principals and employees as witnesses in any litigation, hearing or proceeding will be computed at a rate of $1200.00 per day or any portion thereof (but compensation for time spent in preparing to appear in any such litigation, hearing or proceeding will be computed in accordance with the payment method as set forth in Paragraphs 5.1.1). 5.1.5 If this Agreement is terminated during prosecution of the services prior to completion of the services of Section 2, payments to be made in accordance with Paragraph 5.1.1 and 5.1.2 on account of that and all prior work under this Amendment shall be due and payable, and shall constitute total payment for services rendered. In addition, upon termination, the ENGINEER shall be paid for any additional services authorized and rendered under Section 3. J:\S06102\Contract\Proposal Additional Engineering Services for first RAl.doc SECTION 6 General Conditions 6.1 Since the ENGINEER 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 Amendment 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 ENGINEER cannot and does not guarantee that bids or the construction cost will not vary from opinions of probable cost prepared by him. Similar limitations apply to construction schedules reviewed or prepared by the ENGINEER. 6.2 The CITY and the ENGINEER each binds himself and his partners, successors, executors, administrators and assigns to the other party of this Agreement and to partners, successors, executors, administrators, and assigns of such other party in respect to all covenants of this Amendment. 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 ENGINEER. 6.3 The ENGINEER 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. J:\S06102\Contract\Proposal Additional Engineering Services for first RAI.doc We will use the information described above for the RFI response and will submit the response to SJRWMD prior to the RFI deadline of December 28, 2009. Our cost for the additional services will be based on our standard hourly billing rates for a not to exceed fee of $21,500.00. We appreciate this opportunity to serve the City of Sanford, please contact us if you have questions. Sincerely, CPH Engineers, Inc. 'Jtftf~ David A. Terwilleger, P.E. Vice President Cc: David A Gierach, P.E. J:\S061 02\Contract\(Revised)Letter to B. Marcous-Additional Engineering SVC5 10-21-09.doc