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HomeMy WebLinkAbout2010-162 8v . � v INDIAN RIVER COUNTY Oslo Road Phase II Roadway Improvements — 43rd Avenue to 27th Avenue AMENDMENT NO . 4 TO THE PROFESSIONAL ENGINEERING/LAND SURVEYING SERVICES AGREEMENT BETWEEN KIMLEY-HORN AND ASSOCIATES , INC . AND INDIAN RIVER COUNTY, FLORIDA. This is an amendment to the existing Engineering/Land Surveying Services Agreement (AGREEMENT) dated February 22nd, 2005 between Kimley-Horn and Associates , Inc . (ENGINEER) and Indian River County (COUNTY) . This amendment addresses changes in " Section III - Scope of Services" , and " Section V - Compensation " of the AGREEMENT . Amendment Description This Amendment includes the following : " SECTION III — SCOPE OF SERVICES " is being modified to incorporate the following : A . Construction Phase Services The ENGINEER will provide professional construction phase assistance as specifically stated below : 1 . Pre- Bid Meeting . The ENGINEER will attend the pre -bid meeting to assist the COUNTY in describing the scope of work contained with the construction documents . The ENGINEER shall provide oral and/or written clarifications to questions presented relative to the scope of work identified within the construction documents . 2 . Visits to Site and Observation of Construction . The ENGINEER will provide on- site construction observation services during the construction phase . Consultant will make visits at intervals as directed by the COUNTY in order to observe the progress of the Work . Such visits and observations by the ENGINEER are not intended to be exhaustive or to extend to every aspect of Contractor' s work in progress . Observations are to be limited to spot checking , selective measurement, and similar methods of general observation of the Work based on Consultant ' s exercise of professional judgment . Based on information obtained during such visits and such observations , Consultant will evaluate whether Contractor' s work is generally proceeding in accordance with the Contract Documents . 3 . Clarifications and Interpretations . The ENGINEER will respond to reasonable and appropriate Contractor requests for information and issue necessary clarifications and interpretations of the Contract Documents to the COUNTY as Indian River County, Amendment No. 4 Oslo Road Phase II Roadway Improvement appropriate to the orderly completion of Contractor's work . Any orders authorizing variations from the Contract Documents will be made by the COUNTY . 4 . Change Orders . The ENGINEER may recommend Change Orders to the COUNTY, and will review and make recommendations related to Change Orders submitted or proposed by the Contractor. 5 . Shop Drawings and Samples . All shop drawings are to be reviewed and approved by the COUNTY . 6 . Inspections and Tests . All inspections and testing will be conducted by the COUNTY . 7 . Applications for Payment . All applications for payment will be reviewed and approved by the COUNTY . 8 . Final Notice of Acceptability of the Work . The County will be responsible for project acceptance, as -built drawing review and permit certifications . 9 . Limitation of Responsibilities . The ENGINEER shall not be responsible for the acts or omissions of any Contractor, or of any of their subcontractors , suppliers , or of any other individual or entity performing or furnishing the Work. The ENGINEER shall not have the authority or responsibility to stop the work of any Contractor. B . Supplemental Design Survey The ENGINEER will provide updated design topographic survey data to reflect changes along the corridor that have taken place since the completion of the initial design survey. The changes along the corridor located within the project limits consist of the following : 1 . Goodwill/ Ace Hardware Vehicle Access Connection 2 . FP &L Electrical Distribution Poles 3 . Vero Christian Church Vehicle Access Connection 4 . Commercial Development location in Oslo Road/ 27 `h Avenue SE quadrant. C . Design Plan Revision The ENGINEER shall update the construction documents to incorporate the supplemental design survey data . The construction documents shall integrate these changes in existing conditions and the design improvements will be updated to reflect these conditions . The ENGINEER shall update the stormwater management design facilities to incorporate landscape buffering around the facility perimeters . Page 2 of 4 c> Indian River County, Amendment No. 4 Oslo Road Phase II Roadway Improvement " 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 Agreement fees inclusive of expenses in accordance with the following : A. Professional Services Fee The basic compensation mutually agreed upon by the ENGINEER and the COUNTY is as follows : Tasks Labor Fee Hourly Not-to-Exceed Tasks Roadway Construction Phase Assistance $ 25 , 000 Utility Construction Phase Assistance $ 5 , 000 Lump Sum Supplemental Survey Data $ 3 , 750 Construction Document Revisions $ 65800 (THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK) Page 3 of 4 Indian River County, Amendment No. 4 Oslo Road Phase II Roadway Improvement The AGREEMENT is hereby amended as specifically set forth here in. All other sections of the AGREEMENT shall remain in full force and effect and are incorporated herein . This Amendment No . 4 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 6th day of July , 2010 . KIMLEY-HORN AND ASSOCIATES , INC . INDIAN RIVER COUNTY, FLORIDA 44524 1h Board of County Commissioners VE CH, FLO 32960 By : By : Peter D . O ' Bryan, airmadJ Board of County Commissioners At est : z �� Attest : Deputy Clerk of the Court Attest : Accepte &Cou - ' 6" j dministrator tlptltltltl bObbpb ° V�' \��.f/(�p1 . • ' �:A4 Approved as to Form and Legal Sufficiency : IOU n 4 4 O O e County Attorney co u r� rv • F,°p°°° 444444 nuo" 00 Page 4 of 4