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301-CPH-Amendment 60A AMENDMENT NO. 60A TO AGREEMENT FOR CONTINUING SERVICES ADDITIONAL DESIGN, BIDDING AND CONSTRUCTION INSPECTION SERVICES FOR UTILITIES OFFICE RELOCATION BETWEEN THE CITY OF SANFORD, FLORIDA AND CPH ENGINEERS, INC. This Agreement made on thumP' day of ' .~v2~ between the CITY OF SANFORD, FLORIDA (hereinafter cailed the CITY) and CPH 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 Amendment 60 between The City of Sanford and CPH Engineers was executed on and provided for assistance to the City with the planning and final layout for the new Utility Department offices and preparation of final design plans for bidding and assistance with limited construction inspection services in connection with the relocation of the City Utility Department offices. Engineering services as outlined in Amendment 60 were based on an office building layout of approximately 5,200 sq.ft. This Amendment 60A provides for a revised scope of services and associated fees as a result of design, plans, bidding and construction inspection services for a building layout of approximately 10,200 sq.ft. and additional services related to the space planning of the remaining 4,000 sq.ft of the first floor area of City Hall. SECTION 2 PROFESSIONAL ENGINEERING SERVICES 2.1 Professional Engineerin.q Services The project shall consist of the demolition and new construction of approximately 10,200 sq.ft, of office space in the existing City Hall building. This original concept upon which Amendment 60 services and fees were based consisted of facilities which included a vault, lobby, conference room, plans room, "storage", offices and an administrative area for the utilities department. During design, modifications we were requested to provide for space planning for the existing recreation department and allocation and design for space to accommodate the parks department including common hallways and staff restroom facilities. Options including the recreation department were later dropped and only the space allocation for the parks department was included in the final design. Two floor plan options were provided for the parks department area. Plans were designed in compliance with the Florida Building Code 2001 and applicable City ordinances. The design shall be limited to the existing floor plan~demolition plan, new floor plan, wall sections (rated and/or non-rated), restroom and cabinetry detail sheets, HVAC modification plan, general layout of switches and outlet, and separate specifications. The Research Phase consisted of contact with the City of Sanford to confirm their requirements for the layout of these spaces and numerous site visits to gather data (and photograph the building). The Preliminary Phase included "as-built" drawings and proposed floor plans. Construction documents include the working drawings and separate specifications. The plans were drawn using AutoCAD 2000 and include ail of the drawings listed above. Engineer also provided design of the 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. 2.2 Bidding and Construction Inspection Services Engineer shall also provide bidding services and limited construction inspection services. The construction period for these activities will commence with the award of construction contract by the City and will terminate upon written approval of final payment by the City for the contract and certification of completion to regulatory agencies. This proposal is based on a construction phase that is scheduled to extend for a period of 180 days after issuance of the Notice to Proceed. During the construction period, the Engineer will provide the following services: Construction Administration Services The Engineer will advise and consult with the City concerning the construction activities and act as the City's representative as provided in the General Conditions of the Contract Documents concerning construction administrative matters as hereinafter described. The Engineer will attend and represent the City at preconstruction, progress and project closeout meetings with the Contractor, surveyors or layout personnel and construction quality control testing personnel. The Engineer will also review and monitor Contractor's construction schedule and advise City of any anticipated project delays and/or early completion indicated through such review and through construction progress observation. The Engineer will make periodic visits to the work site to observe the progress and report to the City as to the amount of work complete, the overall quality of executed work, and observed impediments to the successful contract completion. The Engineer will not be required to make exhaustive or continuous on-site observations as to the quality or quantity of completed work; he will not be responsible for the construction means, methods, techniques, sequences, or procedures or the safety precautions incidental thereto; the Engineer's efforts will be directed toward providing assurance to the City that the completed project will substantially conform to the contract, plans, and specifications, but he will not be responsible for the CONTRACTOR's failure to perform the construction work in accordance with said documents. Based on on-site observation as an experienced and qualified design professional, the Engineer will keep the City informed as to the progress of the work, will endeavor to guard the City against defects and discrepancies and will coordinate with the City and the Contractor as to disapproving or rejecting work which fails to meet the project plans, specifications or other Contract Documents. The Engineer will check and approve shop drawings, catalog data, diagrams, illustrations, schedules, samples, test and inspection results and other data the Contractor is required to submit, but only as to conformance with the overall design concept of the project and compliance with the Plans, Specifications, and other Contract Documents as well as City of Sanford requirements. The Engineer will issue all instructions of the City to the Contractor and prepare routine Change Orders as required. The Engineer may, as the City's representative, require special inspection or testing of the work (whether or not fabricated, installed or completed); the Engineer will act as interpreter of the terms and conditions of the Contract Documents and judge of the performance thereunder by the City and the Contractor and will make decisions on all claims of the City and the Contractor relating to the execution and progress of the work and all other matters and questions related thereto, but the Engineer shall not be liable for the results of any such interpretations or decisions rendered by him in good faith. Based on the Engineer's on-site observations as an experienced and qualified design professional and on his review of the Contractor's applications for payment, supporting data, and information received from the City, the Engineer will determine the amounts owing to the Contractor and recommend approval in writing of payments to the Contractor in such amounts; such recommendations to constitute representations to the City, that are expressions of the Engineer's opinion, based on such observations and review, that the work has substantially progressed to the point indicated and that, to the best of his knowledge, information and belief, the quality of the work is in accordance with the Contract Documents (subject to an evaluation of the work as a functioning project upon Substantial Completion and to the results of any subsequent tests called for in the Contract Documents and to any qualifications stated in his approval). By recommending an application for payment, the Engineer shall not be deemed to have represented that he has made any examination to determine how and for what purposes the Contractor has used the monies paid on account of the Contract Price, or that title to any of the Contractor's work, materials, or equipment has passed to the City free and clear of any liens, claims, security interests or encumbrances. Such representations shall at no time be considered as a legal obligation of the Engineer. The Engineer will, in conjunction with other City representatives conduct punch list and final inspections of the in-place work to determine if the work is completed substantially in accordance with the plans, specifications and other contract documents. These inspections shall form the basis for the Engineer's review and recommendation for payment on the CONTRACTOR's final pay request. The Engineer will review Contractor provided record drawings/surveys and other as- built data for installed facilities and bring any apparent discrepancies between the as- built conditions and the design conditions to the attention of the City. Coordinate with the Contractor regarding provision of the construction record drawings prior to final on-site inspections and punch list preparation. Prepare and furnish to the City a reproducible set of record drawings showing those changes made during the construction based on the data noted above. The Engineer will prepare statements of completion (qualified if necessary) certifying completion of the work, and submit statements in accordance with the Contract Documents, regulatory agencies and City requirements. The Engineer shall not be responsible for the acts or omissions of the Contractor or any of the Contractor's, Sub-Contractors, Agents, Employees, or other persons performing any of the work under the construction contract, or of others. The Engineer will participate in an inspection to determine if the project is substantially complete with the punch list of items to be corrected (if applicable) and a final inspection to determine of the project has been completed substantially in accordance with the Contract Documents and that the contractor has substantially fulfilled his obligations thereunder so that the Engineer may prepare a Certification of Completion to appropriate regulatory agencies. Construction Inspection Services City will provide inspection services that will supplement the estimated 8 hours per week of inspection conducted by the Engineer. The Engineer will rely on City inspectors in order to fulfill obligations described herein. Based on a 180 day construction phase, the Engineer will provide on-site observation and inspection of installed work and work in progress, and verify Contractor compliance with plans, specifications, change orders and field directives. The Engineer will observe work during execution to observe construction methods and techniques, and will selectively inspect delivered materials on-site or at their source (not including materials testing to be provided by others) as to compliance with the Contract Documents. Neither full-time observation at any work site nor observation of all work sites while Contractor is working is anticipated as necessary. If it is determined that, due to construction progress (or lack thereof') or other related matters that additional time and cost or other changes than enumerated in this scope of services or in the attached Plan of Study are required to adequately address the construction inspection or administration items; the Engineer is obligated to bring this situation to the City's attention and to furnish services as may be agreed upon and to negotiate a change in the authorized fee. Through on-site observations of the work in progress and field checks of installed work, materials and equipment, the Engineer will endeavor to provide further protection for the City against defects and deficiencies in the work, but this inspection and observation work shall not make the Engineer responsible to find or note all discrepancies in the work nor for the Contractor's failure to perform the construction work in accordance with the plans, specifications or other contract documents. Note that the construction inspection observation and inspections are to be supplementary to those provided under the Construction Administration Services. The Engineer will provide a record of the Contractor's activities throughout the construction, including notations on the nature and cost of any extra work or changes ordered during construction; however, the Engineer is not responsible for the performance of the construction contract by the Contractor. In order to maintain a complete record of activities and changes, the Engineer will rely on the City to provide information based on inspections conducted by the City. Soils and materials test results furnished by the Contractor's testing firm shall be reviewed by the Engineer to help determine if backfill and other construction is properly located and meets the project requirements. The Engineer shall maintain a file of provided copies of test results during the construction process and prior to approval of the Contractor's final pay request, shall review the plans and test results to determine whether all required testing is on hand and that all tests reported acceptable materials, compaction, etc., and that construction is properly located. SECTION 3 SUPPLEMENTARY SERVICES OF THE ENGINEER 3.1 3.2. 3.3. 3,4. 3.7. 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. 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. 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. Additional services resulting from public protests, administrative hearings, additional meeting with the regulatory agencies or similar matters. 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. 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. 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 A. In addition to the specific responsibilities hereinbefore described, the City will: 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. Obtain and provide data requested that is reasonably available on the project. 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 all facilities and associated sites 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 subconsultant services not designated in Section 2, if advised by the Engineer and City concurs that they are necessary. 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. 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. SECTION 5 PAYMENT Payment for additional 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: Additional Architectural Services Additional Mechanical/Electrical Services II $5,200 Additional Space Planning Services Facility Review and II $12,300 Specifications/Coordination Bidding Services II $2,5OO II 5.2. 5.3 5.4 6,1. 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. 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). 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 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 pan'y 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. IN WITNESS WHEREOF, the parties hereto have made and executed this Amendment the day and year first above written. t Doughert~-City tClerk DATE CITY: Hayor TITLE /A.~~ST & SEAL ENGINEER: CPH Engineers, Inc. David A. Gierach, P.E. President J:~6582.00\WP-WORD\PROPOSAL\Sanford~Utiliteis Office Relocation.doc