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Home My WebLink About2009-198 r� L ( v IDU AMENDMENT NO . 1 TO THE PROFESSIONAL CIVIL ENGINEERING SERVICES AGREEMENT BETWEEN SCHULKE , BITTLE & STODDARD , LLC AND INDIAN RIVER COUNTY , FLORIDA . This is a request for additional services under the existing Civil Engineering Services Agreement (AGREEMENT) dated June 17 , 2008 between Schulke , Bittle & Stoddard , LLC (ENGINEER) and Indian River County (COUNTY) . These services are required under section VI- Additional Work of the Agreement and are as noted in the attached letter proposal (Exhibit A) . AMENDMENT DESCRIPTION This amendment addresses changes in Section III " Scope of Services" and Section V "Compensation" of the AGREEMENT . SECTION III " SCOPE OF SERVICES " is being modified to incorporate the following : Meetings and Correspondence for resolving pavement issue associated with the cul - de - sac . Inspections and certifications for removal of the existing rock base in the cul -de - sac . Inspections and certifications for new paving in the cul -de- sac . SECTION V " COMPENSATION" is being modified to incorporate the following : The COUNTY agrees to pay and the ENGINEER agrees to accept for services rendered pursuant to this Amendment No . 1 a not-to - exceed amount of $ 2 , 000 . 00 This Amendment No . 1 to the AGREEMENT regardless of where executed , shall be governed by and construed by the laws of the State of Florida. In witness whereof the parties have executed this Amendment this _ 21 st day of 2009 . SCHULKE , BITTLE & STODDARD , LLC INDIAN RIVER COUNTY , FLORIDA BOARD OF COUNTY CO",IMISSIONERS % y 00 i By ; By : _ - J dah Bittle , P . E . . Wesley S . t avis, Chairman anaging Member Board of County Commir ssiocrs ' Attest : i i .W. . .0 I Cow Witness : L` eputy Clerk of the Court Approved as to Fo a L ufficiency : County Attorney C : \Documents and Settings\user20\Local Settings\"temporary Internet Files\0LK313\BCC Agenda Amend No I Schulke Bittle Stoddard 07-06- 09 . doc JOSEPH W. SCHULKE, P. E . SCHULKE , BITTLE & STODDARD , L . L . C . JODAH B . BITTLE , P. E . WILLIAM P. STODDARD , Ph . D . , P.E. CIVIL & STRUCTURAL ENGINEERING • LAND PLANNING • ENVIRONMENTAL PERMITTING Indian River Count}- Public Works Department EXH ISITA June 23 , 2009 c / o Chris Mora, P . E . 180127t1, Street, Building A Vero Beach , FL 32960 LETTER PROPOSAL AND AGREEMENT RE : The Enclave Indian River County , Florida Dear Mr. Nloia , I appreciate the opportunity to provide you a letter proposal for engineering seivices . Based on my undersugnduig ofvour needs , Schull�e, Bittle & Stoddard, L. L. C . (En g1, ) will provide the following Scope of Work for Payment b5 Indian River County (Client`; as outlined herein for civil engineering necessary complete the above referenced project. SCOPE OF WORK Section 1 - Schulke Bittle & Stoddard LLC — ADDITIONAL WORK l . Nleetnigs and correspondence for resolving pavement issue associated with the cul- de- sac . 2 , Inspections and certifications for removal of the existing rock: base m the cul- de- sac . 3 . Inspections and certifications for new paving in the cul- de- sac . Section II — Compensation / Reimbursables PAYMENT lour 1Krformvng the above scope of worl�, the Engineer will receive compensation from the Client by payment of the fullowiing amounts . Amount Dcscrij-) tion Secuon 1 SBS Additional Work 4 lis — Professional Engineer (See Rate Schedule) 5 600 . 00 12 . 5 his - COnstruCtion Manager (See Rate Schedule) 5 1 ,000 . 00 3 hrs — Inspector (See Rate Schedule) $ 180 . 00 5 . 5 hrs — Clerical (See Rate Schedule' S 220 . 00 Total: $ 2 ,000 . 00 Invoices shall be submitted monthly, and the invoice amount shall be hours performed of the Scope of `\ orlc . Tile Enguneer must receive all payments in accordance with the local government Prompt Payment Ac : F . S . 218 . 70 ET , SEQ . The client shall be responsible for allattorneys ' fees , court costs , and related expenses incurred m the event that pavinent is not timelN, made and proceedings are brought by the. Engineer to collect sums owed . J : APROPOSALS\ Mlscellaltcous\6 - '_' 3 - 09 AN1E ,1'N! DED Proposal 10 IRC 10 finish Enclavc Prujcc: . dor - 1717 INDIAN RIVER BLVD . , SUITE 201 , VERO BEACH , FLORIDA 32960 TEL 772 / 770-9622 FAx 772 / 770-9496 EMAIL info@sbsengineers.com Page 2of3 TERMS OF CONTRACT A. RATE SCHEDULE Hourly rates valid for one year. The following rates will apply to actual time devoted by Schulke, Bittle & Stoddard, L.L. C . staff to this project computed to the nearest '/4 hour. Personnel Hourly Rate Principal $ 150 . 00 Project Manager/ Engineer $ 125 . 00 7 A Design Tech $ 100.00 Construction Manager $ 80. 00 Draftsman $ 75 . 00 Inspector $ 60 .00 Clerical $40. 00 Be INVOICES — Invoices will be provided on a monthly basis and will be based upon percentage of completion or actual hours . Pavment is due to Schulke, Bittle & Stoddard , L.L. C . , in accordance with the Local Government Prompt Payment Act C . COMMITMENTS — Fee and schedule commitments will be subject to re-negouation for delays caused by the client's failure to provide specified facilities or information, or any other unpredictable occurrences . D . ATTORNEY'S FEES — In connection with any dispute arising from the terms of this agreement, the prevailing party shall be entitled to all costs including reasonable attorney's fees at both the trial and appellate levels . E. OWNERSHIP AND USE OF DOCUMENTS — The plans , designs and documents prepared by Schulke, Bittle & Stoddard, L.L. C . , shall be the sole property of Schulke, Bittle & Stoddard, L.L. C . , until payment on any unpaid balance is made in full. The Client agrees that until payment is made in full, the client shall not have a proprietary interest in the plans, designs , and / or documents prepared by Schulke, Bittle & Stoddard, L.L. C . . Schulke, Bittle & Stoddard, L.L. C . shall have the absolute right to request the return of any and all drawings submitted to governmental bodies or other parties on behalf of the client in the event of non- payment of outstanding fees by the client per the terms of this agreement. F. INSURANCE - Schulke, Bittle & Stoddard, L.L.C . will maintain at its own expense Workman's Compensation Insurance, Comprehensive General Liability Insurance and Professional Liability Insurance and, upon request, will furnish the client a certificate to verify the same. G . TERMINATION — This agreement may be terminated without cause, by the authorized representative effective immediately on receipt of written notice. Payment will be due for services rendered through the date of written notice is received. H. TIME LIMIT — This proposal is valid for 90 days . I . DESIGN REVISIONS — Services resulting from changes in the extent of the project or major changes in documentation previously accepted by the client, where changes are due to permitting agency preferences , not code compliance, which are causes beyond the control or authority of Schulke, Bittle & Stoddard, L.L. C . will be provided as "additional services " . Errors and omissions in the engineering design will be the responsibility of Schulke, Bittle & Stoddard, L.L. C . , to rectify without compensation, unless said errors or omissions are due to design features dictated by the client or included in the information provided by the client. T . PERMITS — Submission of permit application does not guarantee receipt of a permit. K. CONCURRENCY — This design and permitting effort neither implies nor guarantees that concurrency will be met at the time of construction of the first phase or subsequent phases , nor is it the responsibility of Schulke, Bittle & Stoddard, L.L. C . , to continuously monitor levels or service or infrastructure capabilities . J :\PROPOSALS\Miscellaneous\6-23 -09 AMENDED Proposal to IRC to finish Enclave Project. doc 2 �XHIB 11' A Page 3 of 3 AGREEMENT The Scope of Work attempts to outline the various requirements needed for the completion of a residential lly not in in the scope of work are: traffic analysis or counts , architectural plan subdivision . Items specifica preparation, final planning, engineering design except permitting, title search, zoning variances , rezoning application, archeological or environmental surveys and studies , and other items that are not specifically listed or that are not inherently incidental to the items listed in the scope of work. Any additional work requested by the client will be compensated for on a time rate and material (cost) basis , or by a separate agreement. In connection with any litigation, including appellate proceedings arising out of this Agreement the prevailing part- shall be entitled to recover any amounts due and / or unpaid, together with costs , interest and reasonable attorney' s fees . Any revisions made to this agreement must be initialed and dated by the Engineer and the Client. By execution of this letter proposal / agreement, the Client and Engineer agree with the terms specified in this letter proposal / agreement, including the Scope of Work to be provided bV the Engineer for Payment of monies by the Client to the Engineer. The Client hereby authorizes Schulke, Bittle & Stoddard, LLC to accept information with respect to this agreement by telefacsimile. The Client understands that the signature and other acknowledgements on information including this agreement provided by telefacsimile will be deemed to be authentic originals by Schulke, Bitttl & Stoddard,e LBC[ln& that allinformation contained therein will be treated in the .same manner as if provided in person Stoddard, L.L. C . If you wish to direct the Engineer to proceed with the aforementioned services , please execute this letter proposal / agreement in the space provided and return one original to our office. Authorized Signatures : CLIENT : Indian River County Public Works Department Bv: DATE : Chris Mora, P . E . ENGINEER: Schulke , Bittle & ddard, L. L. C . V Bv: DATE : � z� � 5 Joda ittle, P .E . Managing Member J :\PROPOSALSWIiscellaneous\6-23 -09 AMENDED Proposal to IRC to finish Enclave Project. doc 3