301-CPH-Amendment 75-87 AMENDMENT NO. 75-87
AGREEMENT FOR CONTINUING SERVICES
FOR
REAL ESTATE ACQUISITION SERVICES
CLOUD BRANCH DRAINAGE IMPROVEMENTS
BETWEEN
THE CITY OF SANFORD, FLORIDA
AND
CPH ENGINEERS, INC.
Sanford, Florida (hereinafter called CITY) and CPH Engineers, Inc. (hereinafter called
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.
1
WHEREAS Mill Creek and Cloud Branch Preliminary Improvement Plans were prepared in 1992
for the CITY by the ENGINEER; and
WHEREAS the CITY has secured CDBG funds (through the Seminole County Community
Development Division) for the final design and permitting of a portion of the Cloud Branch
Improvements; and
WHEREAS the ENGINEER is intimately familiar with this project currently providing
engineering services for the final design and permitting of a portion of the drainage
improvements in the Cloud Branch Drainage Basin. Services also being provided include
surveying of selected areas, preparation of Sketches of Description, and environmental and
geotechnical subconsultant services;
NOW THEREFORE, the CITY and the ENGINEER for the considerations named
herein agree as follows:
1.1
1.1.1
SECTION 1
General
Introduction
Engineer will provide through a subconsultant, Venture 1 Properties, Inc.,
services in connection with assisting the City in acquiring the necessary land
parcels for the proposed drainage improvements.
2.1
2.1.1
2.1.2
SECTION 2
Scope of Services
General Description
The ENGINEER agrees to coordinate the services of the real estate sub-consultant
whose proposal is attached as Exhibit "A" to this Amendment.
The ENGINEER will serve as the CITY's professional engineering representative in
those phases of the project to which this Scope of Services applies, and will give
consultation and advice to the CITY during the performance of his services.
3.1
SECTION 3
Additional Services of the ENGINEER
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.
2
3.1.1
Additional services due to major 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 land acquisition boundary surveys, title searches, or
other specialist services including 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 fi.om 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
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.
3.1.7
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.
3.1.8
Bidding and Construction Engineering and Inspection Services shall be provided
under separate authorization.
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, 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.
3
4.1.3
4.1.4
4.1.5
4.1.6
4.1.7
4.1.8
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.
Make facilities accessible for inspection.
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.
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.
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.
Give prompt written notice to the ENGINEER whenever the CITY observes or
otherwise becomes aware of any defect in the Project.
5.1
5.1.1
5.1.2
5.1.5
SECTION 5
Payment
General Payment Provieions
The engineering fee for the services described herein is estimated to be $24,207.00,
inclusive of out-of-pocket expenses. The engineering fee proposed represents the
direct charges of the professional subconsultant, without mark-up. Invoices will be
submitted periodically as they are received from the subconsultant.
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 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.
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 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.
4
EXHIBIT "A"
Professional Subconsultant Proposal
Venture 1 Properties, Inc.
'Venture
l roperties
INC.
675 DOUGLAS AVENUE
ALTAMONTE SPRINGS, FL 32714
Office: 407-774-9400
Fax: 407-774-0888
November 24, 2003
Mr. David Gierach
CPH Engineers, Inc.
500 West Fulton Street
Sunford, Florida 32771
Dear Mr. David Gierach:
Thank you for meeting with me to discuss the Cloud Branch Drainage Improvement Project.
I would appreciate the opportunity of working with your organization and the Public Works
Department of the City of Sanford in acquisitioning the necessary land parcels for the drainage
improvement project.
I propose contacting the owners of the fifteen parcels which need to be acquired and placing
these parcels under contract for a closing in the year 2004. At the time that each parcel closes,
Venture I Properties, Inc shall receive a,~,/o commission of the total contract selling price.
I look forward to working with your organization in the successful acquisition of the fifteen
parcels.
Sincerely/~3our,s,
Paul H. Osborne
VENTURE I PROPERTIES, INC.
PHO/acw
Propedies Currently Owned
CEL PROPERTY PROPOSEDJ
ACQUISITION COST
=ARCEL I.D. )WNER ~ODRESS SIZE (SFI COST SF
~6-19-30 515-0G_O0-OOD~0 JOHN & CARRIE DANrELS 13TH ST WEST 1679156 ACQ~
. _ ~6-19-30-515-0G00-00J0 ERNESTWASHINGTON ~ _
36-19-30-515_00G0~)~C~0 JOHN & LESSIE HALL 3TH ST WEST 828~4~- $ 344[ ~1 37
36-19-30-515-060~E0 IOHN & JEANETTE DA~L! LA~ 5078.09 $6,95_ 7 $1 3~
36-19-3D-515-0G00~00F0 .~ERALDINE BURKE - 1310 LAKE AVENUE 4987.43
~6-19-30-515-0G00.00H0 IEATRICE WYNN 1318 LAKE AVENUE 5991 1~' ~ --
~6-19-30-515-0000.0010 GERALDrNE~URKE --
tO- 19-30-515-0G00.0180 ZENEPHA CAL~ .... 10000.12 56~
_ ~6-19-30-515-0G00-0180 ~NOERSONB~LAKEAVENUE 5001.99 -- $6,85; . $13~7
31~iI9 30-513~0400700~00~. 3TEPHE~N MCCOO~L LAK~E AVENUE 15923.78 $2~,81~ ~$13~
I!~d' ! 9-3025~75 JOA-000~ _ (NIGHT & SONJA THOMAS 14TN STREET 86880
CITY OF SANFORD - CLOUD BRANCH DRAINAGE
IMPROVEMENTS
ACQUISITION PARCELS
properties Currently Owned
by tl~e C'ty of Sanford