831-Matrin K Eby Construction C C_jx\ ol Sanford, Florida -y2/
Public Works Department
P.O. BOx 1788 · 32772-1788
(407) 330-5680, Fax (407) 330-5601
MODIFICATION to AGREEMENT
This is a modification to an original Letter of Agreement, hereinafter the "AGREEMENT", dated April
26, 2000, by and between the City of Sanford, Post Office Box 1788, Sanford, Florida, a Florida
municipal corporation, hereinafter the "CITY", and Martin K. Eby Construction Company Inc., 2752
Country Club Road, Sanford, Florida 32771, a Florida Corporation, hereinaffer the "CONTRACTOR".
The AGREEMENT was entered into as a means to provide the CITY with a functioning retention pond
at Pinehurst Park in exchange for the CONTRACTOR providing pond construction and receiving all soils
removed during construction. During retention pond construction, the Contractor found unsuitable soil
material on the site. Soil borings did not show this material and neither party anticipated its presence.
Therefore said AGREEMENT is modified and the CITY and the CONTRACTOR agree as follows:
The CITY shall provide suitable soil material from an alternate site, hereinaffer the "SITE" - located
south of 19th Street & east of Mulberry Avenue and shown on the drawing attached hereto as Exhibit A.
The CONTRACTOR agrees to accept this SITE and the soils therein as substitution for the soils
described in the original AGREEMENT.
A. The CONTRACTOR shall, at its own expense, excavate soil from the SITE substantially in
accordance with the original AGREEMENT. The CONTRACTOR agrees to:
1. Provide excavation and removal of material off SITE. Said material, upon removal, shall become
the property of the CONTRACTOR.
2. Provide grade and layout staking for the SITE from CITY provided control points.
3. Excavate the SITE no deeper than 24 feet NGVD or ground water elevation whichever is higher.
4. Upon completion of soil removal, leave the SITE in a uniformly graded condition with side slopes
around the excavation no greater than two to one horizontal to vertical dimensions.
5. Provide completion of all work and requirements included within the original AGREEMENT.
B. The CITY shall, at its own expense, provide an alternate site for excavation of suitable material. The
CITY agrees to provide:
1. Original survey control points for the CONTRACTOR to work from for layout of the SITE.
2. Any required as-built drawings.
3. All under-drains, sodding, seeding, and soil stabilization for side-slopes required for the project.
4. Responsibility for removal and proper disposal ofpre-existing hazardous materials encountered
on the SITE.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed, in
duplicate, this the d~ q~'~ day of July, 2000.
CITY
City of Sanford, Florida
Larry A. Dale, Mayor
Signat~e~
CONTRACTOR
Martin K. Eby Construction Company, Inc.
Signature
Pinehurst ct i # 1, Page 1 of 1
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= 24
'- : :--" 20' WIDE
DOUBLE SWING GATE
POND NO. 2
6' CtJAIN
t_INK FENCE (TYP.)
MAINTENANCE DRIVE
I.E.
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Exhibit "A"
Pinehurst Park Project Agreement - Modification # l, Exhibit "A"
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CITY OF SANFORD AGENDA MEMORANDUM
' 2 1 F:i ti: 12
DATE April 24, 2000
SUBJECT: Cloud Branch Creek Drainage Project - Retention Pond at Pinehurst Park
DEPARTMENT: Public Works
AUTHORIZED BY: Robert G. Herman
DIVISION: Administration
CONTACT: RGH EXT: 5681
MOTION/RECOMMENDATION:
Recommend City Commission approve: 1) Agreement with Martin K. Eby Construction Company
(EBY) to construct the planned retention pond, (with associated pipe & structures), in exchange
for the dirt removed during construction at zero cost to the City, and 2) authorization to draft
acceptance letter.
BACKGROUND:
The Stormwater Utility has a permitted project for the construction of an on-line retention pond
for Cloud Branch Creek. It is to be located in Pinehurst Park between the softball field and the
swings/tennis court. It will abate pollution and reduce flooding in the Cloud Branch basin.
Engineering estimates for construction of the pond and associated pipe/structure installation are
about $200,000 to $300,000. Due to the high demand for fill during construction of the
expressway, EBY has made an offer to dig the pond and install the pipes/structures in exchange
for the dirt and a $10,000 payment from the City. After negotiations, EBY has agreed to
provide/complete all work at no cost, in exchange for only the dirt removed during construction.
Staff have reviewed the attached proposal and find all terms acceptable. As noted in the proposal,
the City will be responsible for some work in order for the project to be completed. This work
includes surveying services and sod installation. It is estimated this work will cost approximately.
Funds are available in Account No. 402-4045-541-63.07 (New
$17,000 to complete.
Construction).
Regular Consent X Work Session Briefing__
Reviewed by:
CM
CA
Deputy CM __
Finance Dir.
Other
April 10. 2000
Chuck Hargrove
City of Sanford
P.O. Box 1788
Sanford, FL 32772-1788
Subj:
Pond Excavation at Pinehurst Park
SR 417 Central Florida Greenway (Project 2, Section 2)
Financial Project ID: 240259-2-52--01
de-watering and storm sewer installation. Our price includes the following items:
1. Exsavation and removal of material off site, to become the property of Eby
Construction.
2. Installation of storm sewer pipe and structures as shown on the drawing, except that
HDPE material would be substituted for the RCP and Aluminum corrugated pipe.
3. Installation of a 60" Mitered End Section in lieu of the 60" Flared End shown on the
plan.
4. Removal of entire 60" line at west end of pond and replacement with new 60" HDPE
pipe.
5. De-watering.
6. Grade staking and layout from City of Sanford supplied control points.
Our price excludes the following items:
1. Original survey control points for layout.
2. Sodding or seeding of the site.
3. As-Built drawings.
4. Underdrains.
5. Soil Stabilization.
6. Removal of any hazardous materials encountered at the site.
Your consideration of this proposal is greatly appreciated. If you have any questions, please
don't hesitate to call.
Sincerely,
Dale Willis
Project Manager