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Home My WebLink About2021-052INDIAN RIVER COUNTY 66th Avenue Phase 113 Construction Phase Services Project Number: IRC -1505 AMENDMENT NO. 9 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 22"d, 2005 between Kimley-Horn and Associates, Inc. (ENGINEER) and Indian River County (COUNTY). This amendment addresses changes in "Section III — Scope of Services", "Section V — Compensation" and "Section XVI — Duration of Agreement" of 'the AGREEMENT. Amendment Description "SECTION III — SCOPE OF SERVICES" is being modified to incorporate the following: Task 1- 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. 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 appropriate to the orderly completion of Contractor's work. Any orders authorizing variations from the Contract Documents will be made by the COUNTY. 3. 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. Page 1 of 6 A Amendment No. 9 - 66th Avenue Phase 1B 'Construction Phase' Services 4. Shop Drawings and Samples. The ENGINEER will review and approve or take other appropriate :action in respect to Shop Drawings and Samples and other data which Contractor is required to submit, but only for conformance with the information given in the' Contract Documents. Such review and approvals or other action will not extend,to means, methods, techniques, equipment choice and usage, sequences, schedules, or procedures of construction or to related safety precautions and programs.. Shop drawings, samples or certifications are anticipated to be submitted related to the following: • Roadway and Drainage elements • Bridge Structure elements (61St Street and 65th Street) • Signalization elements (57th Street and 69th Street) • Signing and Marking elements • Landscape and Irrigation;elements 5. Applications for Payment. All applications for payment will be reviewed and approved by the COUNTY. 6. Final Notice of Acceptability of the Work. The County will be responsible for project acceptance, as -built drawing review and permit certifications. 7. 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. 8. Record Drawing Review and Permit Certification. The ENGINEER will review the Record Drawings as submitted by the Contractor. Based upon receiving acceptable Record Drawings from the Contractor, the ENGINEER will prepare and submit certifications to the4ol,lowing jurisdictional agencies: • Indian River County • St. Johns River Water. Management District • Indian River Farms Water Control District • U.S. Army Corps of Engineers 9. Final Notice of Acceptability of the Work. The ENGINEER will, promptly after notice from Contractor that it considers the entire Work ready for its intended Page 2 of 6 Amendment No. 9 - 66th Avenue Phase 113 Construction Phase Services use, in company with the COUNTY and Contractor, conduct a site visit to determine if the Work is substantially complete. Work will be considered substantially complete following satisfactory completion of all items with the exception,of those identified on a final punch list. The ENGINEER will conduct a final site visit to:determine if the completed Work of Contractor is generally in accordance with the Contract Documents and the final punch list so that the PROFESSIONAL may recommend, in writing,, final payment to Contractor. Accompanying the recommendation for final payment, the ENGINEER shall also , provide a notice that the Work is generally in accordance with the Contract Documents to the best of the ENGINEER's knowledge, information, and belief based on the extent of its services and based upon information provided to Consultant upon which it is entitled to rely. Task 2 - Right -of Way Acquisition Support The ENGINEER will provide support to the COUNTY and its consultant relative to the evaluation and preparation of proposed right-of-way acquisition appraisals. In addition, the ENGINEER will develop a Cure Plan associated with Parcel 316, to assist in remediating improvements constructed within the parcel following construction plan development. Page 3 of 6 Amendment No. 9 - 66th Avenue Phase 1B Construction Phase Services EXHIBIT B = FEE SCHEDULE i The COUNTY agrees to pay and the Consultant 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 Consultant and the COUNTY is as follows: ' Cost Plus Max Task Labor Fee Task 1- Construction Phase Services $ 177,980 Lump Sum Task Task 2 - Right -of -Way Acquisition Support $ 38,940 (THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK) Page 4 of 6 A Amendment No. 9 - 66th Avenue Phase IB Construction Phase Services EXHIBIT C — TIME SCHEDULE Upon authorization ,to proceed by the COUNTY, the services. identified above are i anticipated to extend, through the duration of project construction, which is estimated to be approximately 24 months. i (THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK) Page 5 of 6 Amendment No. 9 - 66th Avenue Phase 113 Construction Phase Services The AGREEMENT is hereby amended as specifically set forth herein. All other sections of the AGREEMENT shall remain in full force and effect and are incorporated herein. This Amendment No. 9 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 April , 2021. CONSULTANT: BOARD OF COUNTY COPAN�+�I9RS OF INDIAN RIVER COIj#0-'-1 "1--- F9s'°°'•. KIMLEY-HORN AND ASSOCIATES, INC. �� s B g an Goo , P.E. Joseph E. Flescher, C'li rxna_.�P NRI'✓EQ��\�' Title: Senior Vice President _....... BCC Approved Date: April 6, 2021 Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By. eputy Clerk Approved: Jason Approved as to form and legal sufficiency: Page 6 of 6 County Wministrator T. Reingold, County Attorney Project Name Task Summary Summary - — 66th Avenue Phase 1 B - Post Design Services Manhours for project Task Principal $230 Senior Professional $175 Registerd Professional $140 Professional II $120 Professional -I $105 Support Remarks Staff $60 Post Design Services 188 396 200 267 0 90 RNV Acquistion Support 30 60 54 60 60 8 Total Hours = Labor Fee = 218 $50,140 456 $79,800 254 $35,560 327 $39,240 60 $6,300 98 $5,880 Total Labor Fee = $216,920 66th Avenue Ph 1 Post Design Services Workplan (Rev).xls Page 1 Post Design Services Activity:_ Post Design Services Task Principal Senior Professional Registered Professional Professional Professional If I Support Remarks Staff Contract File 4 4 Pre -Bid Meeting & Responses 8 8 12 6 Request for Information 20 100 120 80 1 16 Shop Drawing Review Roadway & Drainage Elements 20 60 40 4 Bridge Structures Elements 80 40 4 Signalization Elements 10 30 20 4 Signing & Marking Elements 20 10 4 Landscape & Irrigation Elements 30 15 4 Project Coordination 10 30 80 50 22 - 8 hrs/month for 24 months Project Certifications County 40 40 8 SJRWMD 20 4 IRFWCD 40 8 USACOE 8 2 Project Management 6 Subtotal 188 396 200 267 0 90 Page 2 RW Acquisition Support Activity: RW Acquisition Support Task Principal QA/QC Senior Professional Registered Professional Professional Professional II 1 Support Remarks Staff - Appraisal Support 40 60 4 Parcels 303, 304, 313, 317 Cure PlaiTDeve o ment arcel 316 Survey Data 2 16 Cure Plan 4 40 40 Opinion of Probable Cost 12 4 Coordination 30 10 4 -- Project Management 6 Subtotal 30 60 54 60 60 8 Page 3