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