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301-CPH-Amendment 60 AMENDMENT NO. 60 TO AGREEMENT FOR CONTINUING SERVICES DESIGN AND BIDDING FOR UTILITIES OFFICE RELOCATION BETWEEN THE CITY OF SANFORD, FLORIDA AND CPH ENGINEERS, INC. This Agreement made on the ~ ,2002 between the CITY OF SANFORD, FLORIDA (hereinafter called t ENGINEERS, INC. (hereinafter called the ENGINEER), is mutually agreed upon and declared an authorized Amendment to an Agreement date 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. SECTION 1 PURPOSE OF AMENDMENT 1.1 Introduction The City of Sanford Utility Department is to be relocated from the current upstairs location in City Hall to downstairs, adjacent to the Recreation Department. The purpose of this Amendment is to assist the City with the planning and final layout for the new Utility Department offices and prepare final design plans for bidding or for use in obtaining an Amendment for the construction of the improvements. SECTION 2 PROFESSIONAL ENGINEERING SERVICES 2.1 Professional En.clineerinq Services This project shall consist of the demolition and new construction of approximately 5,000 sq.ft. of office space in the existing City Hall building. This proposed new space will be for the purpose of housing the City of Sanford Utility Department and Parks Department. New construction will consist of a vault, lobby, conference room, plans room, "storage", offices and an administrative area. The plans will be designed in compliance with the Florida Building Code 2001 and applicable City ordinances which will be addressed in a meeting with the City Building Department and the City Fire Marshall. The design shall be limited to the existing floor plan/demolition plan, new floor plan, wall sections (rated and/or non-rated), general layout of switches and outlet, and specifications to be placed on the drawings. The Research Phase will consist of contact with the City of Sanford to confirm their requirements for the layout of these spaces and a site visit to gather data (and photograph the building). The Preliminary Phase will be the "as-built" and proposed floor plans. Construction documents shall include the working drawings and specifications on the plans. The plans will be drawn using AutoCAD 2000 and will include all of the drawings listed above. CPH shall also provide design of necessary mechanical/electrical engineering. Services shall also include design for restroom facilities to serve the new office area. Fire sprinkler system design and interior design or decorating is not included. This proposal does not include permit fees, impact fees or other fees of any other nature. CPH shall also provide bidding services and limited construction services. Construction services shall include pre-construction conference, bi-weekly site visits, shop drawing review and review of pay applications. SECTION 3 SUPPLEMENTARY SERVICES OF THE ENGINEER 3.1 If authorized by the CITY, the ENGINEER shall furnish or obtain from others, supplementary services of the following types which will be paid for by the CITY as an additional cost as outlined in Section 5. 3.2. Additional services due to significant changes in the scope of the project or its design including, but not limited to, changes in size, complexity, project characteristics and/or requirements, or due to time delays in initiating or completion of the work as described herein. 3.3. 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. 3.4. Additional services resulting from public protests, administrative hearings, additional meeting with the regulatory agencies or similar matters. 3.5. 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. 3.6. Additional engineering services required by revisions to regulations (after the date of this Amendment) as applicable to the U.S. EPA, Florida Department of Environmental Protection (FDEP), or other regulatory agency requirements. 3.7. 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. SECTION 4 CITY RESPONSIBILITIES 4.1 in addition to the specific responsibilities hereinbefore described, the CITY will: A. 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. B. Obtain and provide data requested that is reasonably available on the project. C. 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. D. Make all facilities and associated sites accessible for inspection. E. 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. F. 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. G. 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. H. 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. I. 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. J. 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 for services and expenses of the ENGINEER are to be as set forth below. The ENGINEER agrees to perform the work outlined in this Agreement for a lump sum fee as indicated in the following table: Description Fee IArchitectural Services II $.,500 I ]Mechanical/Electrical Services ~ $5,200 ~ ]Specifications/Coordination Ii $0,250 I iConstr..ctionServicesII$.,300I I Total Fee $24,750 5,2. The OWNER will make prompt monthly payments in response to the Engineer's monthly statements without retention for all categories of services rendered under this Agreement. 5.3 Charges for the services rendered by principals and employees as witnesses in any litigation, hearing or proceeding will be computed at a rate of $1,200 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 herein). 5.4 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 Section 5 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. SECTION 6 GENERAL 6.1. Since the ENGINEER has no control over the cost of labor, materials, or equipment or over any construction 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 the construction cost will not vary from opinions of probable construction 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. DATE TITLE ENGINEER: CPH Engineers, Inc. A'FI'EST & SEAL \ David A. Gierach, P.E. President J:~.6582.00\WP-WORD~PROPOSAL\Sanford\Utiliteis Office Relocation,doc