301-CPH-Amendment 62 AMENDMENT NO. 62
TO AGREEMENT DATED DECEMBER 17, 1987
FOR
ENGINEERING SERVICES
ST. JOHNS PARKWAY
DYSON STORMWATER
BETWEEN
THE CITY OF SANFORD, FLORIDA
AND
CPH ENGINEERS, INC.
This Agreement made on the ~ day of ,,//~,/,~'Z'X~/'¢ ,20 [/c~between the CITY OF
SANFORD, FLORIDA (hereinafter ca!led the d~'TY) ~;~d CPH ENGINEEr,, INC. (hereinafter called
the ENGINEER), is mutually agreed upon and declared an authorized Amendment to an
Agreement dated December 17, 1987, between the parties, herein setting forth the scope, terms
and conditions of the work herein authorized.
In case of any conflict between this Amendment and the aforementioned Agreement of December
17, 1987, this Amendment shall govern for the work described herein.
WHEREAS, the CITY through its consultants has completed designs, engineering plans,
specifications, permitting, and other services for the work associated with the St. Johns Parkway
Construction, and
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WHEREAS, the City of Sanford has an established relationship and continuing services agreement
with ENGINEER for provision of services on this project on which the ENGINEER previously
prepared engineering designs, plans, and specifications; and
WHEREAS, a property owner (Dyson) has requested the CITY to provide an additional storm drain
on its property and to relocate its existing fence to a higher elevation along St. Johns Parkway; and
WHEREAS, the ENGINEER is intimately familiar with and qualified for this project work including
drainage design and construction services and has capabilities to perform the designated services;
NOW THEREFORE, the CITY and the ENGINEER for the considerations named herein agree as
follows:
SECTION 1
GENERAL
1.1 General
1.1.1 This Amendment work is to design and build a storm sewer inlet and pipeline that
will collect stormwater runoff from the northeast end of the Dyson property (located
west of Unicell) and transport it to a pipeline previously constructed as part of the
St. Johns Parkway Phase 1 project, and to relocate the existing fence.
1.1.2 Limited subconsultant services for the construction of the inlet, pipeline
(underdrain), fence relocation and associated construction items are included.
1.1.3 Additional subconsultant services including survey, geotechnical, water quality
monitoring, or other specialist services are not included. If these services are
subsequently determined advisable during the course of the 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 CONSTRUCTION RELATED SERVICES
2.1 Services of the ENGINEER
2.1.1 The ENGINEER agrees to perform professional services in connection with the
project as hereinafter stated.
2.1.2 The ENGINEER will serve as the CITY's professional engineering representative in
those phases of the project to which this Amendment applies and will meet, consult
with, and provide advice to the CITY during the performance of these services. The
ENGINEER will perform the services for the City Commission under the direction of
the City Manager or his designated representative.
2.1.3 The ENGINEER will provide a design sketch to the construction subconsultant
outlining the proposed construction requested by the Dyson's. This sketch will show
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the new inlet, pipeline (underdrain), connection to the existing storm sewer pipeline,
relocated fence, and miscellaneous associated construction.
2.1.4 The ENGINEER will review the design sketch with the Dyson's or their designated
representatives.
2.1.5 The ENGINEER will review easement documents provided by the Dyson's which
allow for the construction and maintenance of the drainage facilities on private
property.
2.1.6 Attached as Exhibit "A", is the subconsultant's Construction Proposal for the work
contemplated.
2.1.7 Attached as Exhibit "B" is the easement that the Dyson's have given to the City for
the construction of the inlet and pipeline (underdrain).
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, changes in size, 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, environmental scientist (jurisdictional and
permitting) services, or other specialist services including real estate/right-of-way
agents, project/construction management, financial/budgetary consultant, and
bookkeeping/accounting services. !f these services are subsequently determined
advisable during the course of the 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.
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3.1.6 Furnishing additional sets of prints of drawings and other Documents beyond those
designated in the Plan of Study.
3.1.7 Additional engineering services required by revisions to regulations (after the date of
this Amendment) as applicable to the SJRWMD or other regulatory agency
requirements.
3.1.8 Additional construction inspection and administration services than outlined in
Section 2.2 and 2.3 including the estimates shown in 2.3.2 (inspection) and the Plan
of Study caused by a longer construction period than specified, or other construction
or field conditions not anticipated and beyond the ENGINEER's control.
3.1.9 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.
SECTION 4
THE CITY'S 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, 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 and easement and right-of-way
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 Pay all permit application fees, including construction permit fees.
4.1.6 Provide field assistance to the ENGINEER as necessary when decisions or
information are needed relating to utility and stormwater connections and
relocations resulting from differing site conditions.
4.1.7 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.
4.1.8 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.
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4.1.9 Furnish or direct the ENGINEER in writing to provide at the CITY's expense, any
subconsultant services not designated in Section 2, if advised by the ENGINEER
and CITY concurs that they are necessary.
4.1.10 Furnish, or direct the ENGINEER in writing to provide at the CITY's expense,
necessary additional services as stipulated in Section 3 of this Amendment, or other
services as required.
4.1.11 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.
4.1.12 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 Payment
5.1.1 Payment for services and expenses of the ENGINEER to be as set forth below:
5.1.1.1 Principals and Employees of the ENGINEER.
5.1.1.2 Compensation paid ENGINEER for services described in Section 2 and rendered
by principals and employees assigned to the Project will be computed by multiplying
Standard Classification Billing Rates for all classifications of employees engaged
directly on the project times the number of hours worked on the project. The
engineering fee for the services described herein shall not exceed $9,928.00,
inclusive of out-of-pocket expenses. Invoices will be submitted on a regular basis
and will indicate the hours expended during that billing cycle.
5.2 Reimbursed Exl3enses
5.2.1 Expenses for items not specifically valued herein are to be reimbursed to the
ENGINEER at the actual cost thereof. Said expenses shall include transportation
and subsistence of principals and employees, when traveling in connection with the
project, toll telephone calls, telegrams, prints, photocopies, and similar project-
related items.
5.2.2 The CITY will make prompt payment in response to ENGINEER's invoices without
retention for all categories of services rendered under this Agreement and for
reimbursable expenses incurred.
5.2.4 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 5.1.1.2 and 5.2.1 herein).
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5.2.5 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
5.1.1.2 and 5.2.1 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.
5.2.6 Services provided by outside subconsultants will be billed at the direct cost to the
ENGINEER without increase.
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.
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 a timely manner until the Project is completed.
IN WITNESS WHEREOF, the parties hereto have made and executed this Amendment the day and
year first above written.
CITY: ~~a.n F
ATTEST &SEAL 2~~~~yF~aln ORIDA nager
ENGINEER:
ATT~~!~~,,S~ CPH ENGINEERS, INC.
L M. Gardner - Secretary/Treasurer K EO
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EXHIBIT A
CONSTRUCTION PROPOSAL
(BBM Proposal No. 50085, Dated 7/19/02)
3BM CLEARINO AND GRADING FAX NO.: 407 328 5198 Ju~. 19 2002 ll:41AM P2
A BBM Clearing & Grading Contractors
P.O. Bax 471095 · Lake Monroe, Florida 32747-1096
Office: (407) 323-8816, Fax: (407) 328~5190
i.:~.t;!L-~t~:L. ~....~,.'.'.'C~ :~, .~<~.~,, .....~:~,~.~ .~.~.
CPH , 7 .......... ~ .........
500 W. ~ULTON
SANFORD, FL 3~T71 ~INA 80~ANJ ' 407-322~841
# OF UNIT UNIT
UNITS TYPE PRICE TOTAL
1 REMOVE FENCE &RESTORE I .. LS 1,250.00 1250.00
2 IMPORT FILL AND GRADE _. 1 LS 1,200.00 1,200,00
3 SEED &MULCH 700 SY 0,45 315.00
4 TIE TO EXISTING 1 LS S00.00 500.00
5 6" UNDERDRAIN WITH SOCK (308 L,F,) I LS 3,388,00 3,388,00
6 CLEANOUT I EA - 150.00 150,00
7 TIMBER TIE RETAINING WALL 1 LS 475.00 475.00
8 YARD INLET (12" X 12") I EA .150.00 t50,00
TOTAL 7,428,00
NOTATIONS:
1. PERMITS BY OTHERS,
This proposal is firm and Dinding for a period oJ' 30 calendardays from the date of the proposal.
Please indicate your acceptance by signing and dating on the line provided betow.
Thank you very much,
H. Merlin Pierce
Vice President
Accepted for CPH Dale
EXHIBIT B
CITY SERVICES EASEMENT
(Dated 715/02)
'~ul'2~ 02 03:24R En~ineerin~ & Plannine 407330567B p.2
GRANT OF EXCLUSIVE CITY SERVICES EASEMENT (INDIVIDUAL)
TBIS INDENTURE, made this ~j"/~ day of~/~, A.D. 2002, between
James H. Dyson, Jr. whose address is 12~6 Kingston Avenue,
Alexandria, Virginia, City of Alexandria, and the State of
Virginia, and Gregory W. Dyson, Sr. whose address is 13 Waterside
Drive, Beaufort, South Carolina, County of Beaufort, and State of
South Carolina, parties of the first part, and the City of
Sanford, a municipal corporation, which is situated in the County
of Seminole, the State of Florida, party of the second part;
WITNESBETB, that parties of the first part, for and in
consideration of the sum of one dollar and other valuable
consideration paid by the party of the second part, receipt
whereof is hereby acknowledged, grants and conveys to the party
of the second part, its snccessors, assigns, licensees, an
exclusive temporary easement, as described and illustrated below,
which ie to be under, upon, and across the snbject property
situated in or near the City of Sanford, Seminole County,
Florida, more particularly described as:
(See Attached Exhibit "A" - Legal Description and Drawing)
(Seminole County Parcel ID No. 26-19-30-5AE-2100-0000)
for city services, inoluding but not limited to, city owned storm
water facilities, hereafter on said property, such easements to
include the right of free ingress and egress over and across said
property for the purposes of constructing, installing, and
maintaining said facilities, until such time as the
aforementioned storm water facilities are no longer required to
drain the land of the parties of the first part. This
determination will be made by the parties of the first part. At
the time that the parties of the first part determine that the
storm water facilities are no longer required, the parties of the
first part shall record a notice of termination of the temporary
easement, on the Public Records of Seminole County, Florida.
Upon the termination of the easement by the parties of the first
party, the party of the second part will have no further
obligation to construct, operate or maintain the storm water
facilities, within the aforementioned easement area.
This Grant of Easement shall not be construed as a grant of right
of way and is limited to a City Services Easement. The parties
of the first part shall retain ownership of the "Easement Area"~
and have the right to continue to use the area without
limitations for parking areas, driveways~ and landscaping or
improvements, and development as determined by the parties of the
first part.
Provided however, that the parties of the first part shall not
have the right to grant utility easements to other parties
without the prior written consent of the party of the second
part. If the party of the second part disturbs any landscaping
~jul ~g 02 03:24p En~ineerin~ & Plannin~ 4073305679 p.3
or improvements within the easement area, the party of the second
partshall restore such landscaping or improvements.
IN WITNESS WHEREOF, the parties of the first part hereunto set
their hands and seals on the day and year first above written.
SIGNED, SEALE~, AND DELIVERED IN THE P~~,~r
(P i ted ame of Witness) 1230 Kingston Avenue
'~' '~o~fW Alexandria, Virginia 22302
( t itness)
(Printed Name of Witness)
STATE OF VIRGINIA, CITY OF ALEXANDRIA
as identification.
(Bi atu~ f wi ess)'
'tness)
(Si n~t~~
STATE OF SOUTH CAROLINA, COUNTY OF BEAUFORT
The foregoing instrument was ac nowledged efore me this d~ day
as id~ication. ~~i "
Notary Public ~'a~te'~f outh Carolina
2~ Commission ~pi~sFeb~ua~28,201i