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EXTENSION AND AMENDMENT OF
CONTINUING CONTRACT AGREEMENT
for
PROFESSIONAL SERVICES
THIS EXTENSION AND AMENDMENT to CONTINUING CONTRACT AGREEMENT for PROFESSIONAL
SERVICES ("Amendment") is entered into as of this 4 day of November 2014, by and between INDIAN
RIVER COUNTY, a political subdivision of the State of Florida, ("COUNTY"), and Knight, McGuire and
Associates, Inc., ("Consultant").
BACKGROUND RECITALS
A. In accordance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida
Statutes, on November 15, 2011, the COUNTY and Consultant entered into a Continuing
Contract Agreement for Professional Services to provide certain professional services relating
to Public Works, Solid Waste Disposal District (SWDD) Utilities -Major and Utilities -Minor
systems (the "Agreement").
B. Per section 4.1 of the Agreement, the initial term of the Agreement was three years.
C. Per section 4.1 of the Agreement, COUNTY had the option to extend the Agreement for a
maximum of three years.
D. Per section 10.2 of the Agreement, the terms of the Agreement may be modified if made in
writing and signed by the Consultant and COUNTY; and
E. Both the COUNTY and Consultant wish to both extend the Agreement and modify the billing
rates and the insurance requirements set forth in the Agreement.
NOW THEREFORE, in accordance with the mutual covenants herein contained and other good
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties
agree as follows:
1. The above background recitals are true and correct and are incorporated herein.
2. EXTENSION TERM. The County hereby extends the Initial Term set forth in section 4.1 of the
Agreement until November 16th, 2017.
3. HOURLY BILLING RATES. Section 1.5 of the Agreement is hereby amended to incorporate
a Revised Exhibit 2, attached to this Amendment, describing the schedule of current hourly billing
rates.
4. INSURANCE. Section 7.2 of the Agreement is hereby amended as follows:
a. 7.2.2. General Liability: commercial general liability coverage, including contractual
liability and independent contractor, with a minimum combined single limit of $400,000
$300,000 per occurrence
1 1 1
b. 7.2.3. Business Automobile Liability: owned, hired, and non -owned vehicles at a
minimum combined single limit of $180,000 S300,000 per occurrence afKi--pcFson 4
owncd vehicles.
c. 7.4. All required insurance policies shall be placed with insurers licensed to do
business in Florida and with a Best's rating of A: VII or better.
5. All other provisions of the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date
first written above.
Consultant: (insert name)
Knight, McGuire,& Associates, Inc.
By
Printed name: David S. Knight, P.E.
Title: CEO
Date September 19, 2014
INDIAN RIVER COUNTY
By its Board of County Commissioners
Peter D. O'Bryan , Chairm
Date Approved by BCC: 11-4-14
Attest:Jeffrey R mith, Clerk of Cou
Co.t filler
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By
Dep ty Clerk
Approved:
seph A. aird
ounty Administrator
Approved as to form and legal
sufficiency:
Dylan Reingold
County Attorney
Knight, McGuire & Associates, Inc.
Consulting Engineers and Planners
80 Royal Palm Pointe, Suite 401
Vero Beach, Florida 32960
David S. Knight, P.E.
Phone: (772) 569-5505
Scott B. McGuire, P.E. Fax: (772) 569-1455
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Knight, McGuire & Associates, Inc.
Standard Provisions for Professional Services
Rate Schedule
Knight, McGuire & Associates, Inc. reserves the right to make adjustments for individuals within these classifications as
may be desirable in its opinion by reason of promotion, demotion, or change in wage rates. Such adjustments will be
limited to the manner in which charges are computed and billed and will not, unless so stated in writing, affect other terms
of an agreement, such as estimated total cost. The following rates will apply to actual time devoted by Knight, McGuire &
Associates, Inc. staff to this project computed to the nearest 1/4 hour.
Personnel
Principal
Senior Engineer
Engineer I
Project Manager
Engineer II
Computer Designer
Computer Draftsman
Technician
Inspector
Clerical
Hourly Rate
$175.00
$125.00
$110.00
$110.00
$ 90.00
$ 80.00
$ 70.00
$ 60.00
$ 60 00
$ 45.00
Government Rate
$157.50
$112.50
$ 99 00
$ 99 00
$ 81.00
$ 72.00
$ 63 00
$ 54 00
$ 54.00
$ 40 50
Prints/Copies
8'/2"x11"
8'A"x14"
11" x 17"
24" x 36"
24" x 36" Mylar
Rate
15/Sheet
18/Sheet
.20/Sheet
2.00/Sheet
10 00/Sheet
Terms
1. Invoices — Invoices will be provided on a monthly basis and will be based upon percentage of completion or actual
hours, plus expenses in accordance with the Proposal Payment is due to Knight, McGuire & Associates, Inc. upon
receipt of the invoice Unpaid balances beyond 15 days are subject to interest at the rate of 1 5% per month. This is
an annual percentage rate of 18%
2 Confidentiality— Technical and pricing information in this proposal is the confidential and proprietary property of
Knight, McGuire & Associates, Inc. and is not to be disclosed or made available to third parties without written consent
of Knight, McGuire & Associates, Inc.
3 Commitments — Knight, McGuire & Associates, Inc. cannot be liable for schedule of approvals or permits due to the
unpredictable nature of jurisdictional agencies processes.
4 Expenses — Incidental expenses are reimbursable at cost, plus an administration fee of 10%. These include sub -
consultants, application fees, reproduction, postage, graphics, reimbursement of automobile usage at $.48 per mile,
parking and tolls. If it becomes necessary during the course of this project to travel elsewhere, those travel costs will
be treated as reimbursable expenses. These expenses will be reflected in the monthly invoices.
5. Attorney's Fees — In connection with any litigation arising from the terms of this agreement, the prevailing party shall
be entitled to all costs including reasonable attorney's fees including both the trial and appellate levels.
6 Ownership and Use of Documents — All original drawings and information are to remain property of Knight, McGuire
& Associates, Inc. The client will be provided with paper copies of final drawings and/or reports for information and
reference purposes
7. Insurance — Knight, McGuire & Associates, Inc. will maintain at its own expense Workman's Compensation
Insurance, Comprehensive General Liability Insurance, Professional Liability, and Errors and Omissions Insurance,
and, upon request, will furnish the client a certificate to verify same
8 Termination — This agreement may be terminated 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
9 Time Limit — This proposal is valid for 60 days Rates shown above are subject to annual review and are subject to
change
10 Engineer reserves the right to stop work without notice if any invoices remain unpaid after fifteen (15) days.
11. Liability— Knight, McGuire & Associates, Inc. shall not be responsible for permitting and approval schedules, site
safety procedures or precautions for property or person, liability shall be limited to the total fee received by Engineer
for this project. Knight, McGuire & Associates, Inc. shall not be liable for construction methods, schedule, means,
techniques, sequences, procedures, or cost estimates. Knight, McGuire & Associates, Inc.'s proposal for work has
considered the risks and rewards for the project and our engineering fees.
12 Approvals not guaranteed
13 Additional fees may be required due to significant project changes predicated by either owner or jurisdictional
agencies