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1323 Pump Branch Ditch Work OrderP1874RI7= 7 PUBLIC WORKS DEPARTMENT TRANSMITTAL MEMORANDUM To: City Clerk ? RE: Request for Services The item(s) noted below is /are attached and forwarded to your office for the following action(s): ❑ Development Order ❑ ❑ Final Plat (original mylars) ❑ ❑ Letter of Credit ❑ ❑ Maintenance Bond ❑ Ordinance ❑ ❑ Performance Bond ❑ Resolution Once completed, please: ❑ Return original ❑ Return copy Special Instructions: Mayor's signature Recording Rendering Safe keeping (Vault) Please advise if you have any questions regarding the above. Thank you! From T:\Dept_ forms \City Clerk Transmittal Memo - 2009.doc 8 1a ) ate EXHIT.IIT A WORK ORDER FORM CITY OF SANFORD, FLORIDA Master Agreement/Contract Number: Q1 1306.116R00 Dated: 2006 Work Order Number: CPH - 020 Contract/Project Title: Pump Branch Ditch Enclosure (North of 5th St. to 3`d St.) and Swale Regrading / Surveying Assistance (Orange Ave., Willow Ave., S. Bay Ave.) Solicitation No: Sanford Project No: Consultant/Contractor: CPH Engineers Inc Purchase Order No: Consultant/Contractor's Business Address, Phone Number, Fax Number and E -mail address: P.O. Box 2808 Sanford FL 32772. Phone No. 407 - 322 -6841; Fax No. 407 - 330 -0639: E -Mail: kbowman(cDcphengineers com or phunt(a)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 [] 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 365 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: Ninety -three thousand nine hundred thirty and 00/100 Dollars ($93,930.00) IN WITNESS WHEREOF, the parties hereto have made and executed this Work Order on the respective dates under each signature: the CITY through its City Commssion taking action on the day of , and the CONSULTANT /CONTRACTOR by and through its duly authorized corporate officer having the full and complete authority to execute same. By: Linda Gardner Corporate Secretary or Witness ATTEST. Manet Dougherty, City CI rk For the use and reliance of the City of Sanford only. Approved as to form and legal sufficiency. / Jilliam L. Colbert, City AttorFWy tdrJ,J#F_ nl, (�Ofl- &4 sanpur 111908 -WO 1 of 2 CONSULTANT /CONTRACTOR: CPH Engineers. Inc. David A. Giera�ch, Corporate President Date: � – 7 6-10 CITY OF NFORD Linda Kuhn, ayor Date: g ° /,�)'16 EXHIBIT "A" WORK ORDER TERMS AND CONDITIONS Execution of this Work Order by the CITY shall serve as authorization 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 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. sanpur 111908 -WO 2 of 2