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HomeMy WebLinkAbout2021-075I of 3 RENEWAL AND AMENDMENT NO. 1 TO AGREEMENT FOR CONTINUING ENGINEERING SERVICES AGREEMENT BETWEEN MBV ENGINEERING, INC. AND INDIAN RIVER COUNTY, FLORIDA This is a Renewal and Amendment No. 1 to the Agreement for Continuing Engineering Services dated April 17, 2018 between MBV Engineering, Inc. (CONSULTANT) and Indian River County, a political subdivision of the State of Florida, 180127 th St{reet, Vero Beach, Florida, 32960 (COUNTY). WHEREAS, the Parties entered into an Agreement for Continuing Engineering Services dated April 17, 2018; and WHEREAS, Section 1 — General, Item No. 1.1 of the Agreement provides for the issuance of Purchase Orders by the COUNTY for proposed services that total less than $15,000.00 and for proposed services $15,000.00 and over, Work Orders shall be issued and approved by the County Administrator or Indian River County Board of Commissioners as authorized. WHEREAS, Section 1, - General, Item .1.5 of the Agreement provides for the compensation for basic services to the CONSULTANT; WHEREAS, the parties desire to amend Section 3 — Responsibilities of the Consultant to include e - Verify requirements; WHEREAS, Section 4 -Term; Duration of Agreement, Item 4.1 of the Agreement provides for the Duration of the Agreement and the parties desire to renew the Agreement for one additional two-year term; WHEREAS, the parties desire to amend Section 8 — Termination to include Termination in regards to F.S. 287.135; and NOW, THEREFORE, in consideration of the following mutual covenants and agreements Indian River County, Florida and CONSULTANT agree as follows: 1. The Agreement for Annual Professional Engineering Services dated April 17, 2018, is amended as follows: Section 1— General, Item 1.1 shall read as follows: 1.1 Professional services provided by the CONSULTANT for the COUNTY shall be identified in individual Work Orders prepared by the COUNTY. Purchase Orders may be issued by the COUNTY for proposed services that total less than $35,000.00. For proposed services $35,000.00 and over, Work Orders shall be issued and approved by the County Administrator or Indian River County Board of County Commissioners, as authorized. For the purpose of this document, Purchase Order shall be defined as a Work Order, however the amount will be less than $35,000.00. Section 1 — General, Item 1.5 is hereby amended to incorporate a Revised Exhibit 1, attached to this Renewal and Amendment, describing the schedule of current hourly billing rates. I?\Public WotUENGINEERING DIVISION PRO.IECTS\2102 Engineering Continuing Contracts - Renewal\I-Admin\Agenda Items\Renewal & Amendment I\Agreements\MBV_Renewal & Amendment.doe 2of3 Section 3 — Responsibilities of the Consultant — add the following item: 3.17 CONSULTANT is registered with and will use the Department of Homeland Security's E -Verify system (www.e-verify.gov) to confirm the employment eligibility of all newly hired employees for the duration of this agreement, as required by Section 448.095, F.S. CONSULTANT is also responsible for obtaining proof of E -Verify registration and compliance for all subconsultants. Section 4 — Term; Duration of Agreement - The Agreement is hereby renewed for an additional two- year period beginning on April 17, 2021 and ending on April 16, 2023. Section 8 — Termination — add the following item: 8.8 TERMINATION IN REGARDS TO F.S. 287.135: CONSULTANT certifies that it and those related entities of CONSULTANT as defined by Florida law are not on the Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725 of the Florida Statutes, and are not engaged in a boycott of Israel. In addition, if this agreement is for goods or services of one million dollars or more, CONSULTANT certifies that it and those related entities of CONSULTANT as defined by Florida law are not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473 of the Florida Statutes and are not engaged in business operations in Cuba or Syria. COUNTY may terminate this Contract if CONSULTANT is found to have submitted a false certification as provided under section 287.135(5), Florida Statutes, been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, as defined by section 287.135, Florida Statutes. COUTNY may terminate this Contract if CONSULTANT, including all wholly owned subsidiaries, majority-owned subsidiaries, and parent companies that exist for the purpose of making profit, is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel as set forth in section 215.4725, Florida Statutes. Except as supplemented herein, the terms and conditions of the Agreement shall remain in full force and effect. To the extent of/any conflict between the terms of this Amendment and the terms of the Agreement, the terms of this Amendment shall control. This Amendment No. 1, regardless of where executed, shall be governed by and construed according to the laws of the State of Florida. [THE REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLY] HPublic Works\ENGINEERING DIVISION PRO.IECTS\2102 Engineering Continuing Contracts - Renewal\I-Admin\Agenda Items\Renewal & Amendment I\Agreements\MI3V_Renewa1 & Amendment.doc 3 of 3 IN WITNESS WHEREOF, this Renewal and Amendment No. 1 to Agreement is executed by the authorized representatives of the parties as of the day and year first above written. CONSULTANT: MBV ENGINEERING, INC. 0 By . r �n.A14-e3 , V.1 Printed Name and Title n "�OP�1M/Ss�•, INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS: ya9� 44 pQ By o eph eFlescher, Chairman """"" Date Approved by BCC: May 18, 2021 s Attest: Jeffrey R. Smith, Clerk of Court And Comptroller By Deputy Clerk Ap Jason E. qroAn County A inistrator Approved as to form and legal sufficiency: -&" , QU William K. DeBraal Deputy County Attorney I.-Ap lic Works\ENGINEERING DIVISION PRO.IECTS\2102 Engineering Continuing Contracts - Renewal\1-Admin\Agenda Items\Renewal & Amendment I\Agreements\MBV_Renewal & Amendment.doc J ®®M BV ENGINEERING, INC. MOIA BOWLES VILLAMIZAR & ASSOCIATES www.mbveng.com CA #3728 May 5, 2021 Ms. Jill Williams Indian River County Public Works 1801 271h Street Vero Beach, FL 32960 REVISED EXHIBIT 1 Subject: Continuing Consulting Contract (2018008) Renewal & Amendment No. 1 Agreement Professional Engineering Fees for the term 5/18/2021 - 4/16/2023 Dear Ms. Williams: Our firms current hourly billing rates are as follows: Engineering: Surveying: Principal $190 / Hour Project Surveyor $165 /Hour Sr. Engineer II $190 / Hour Two -Man Field Crew $150 / Hour Sr. Engineer I $165 / Hour Three -Man Field Crew $230 / Hour Jr. Engineer $140 / Hour Sr. Technician $125 / Hour Sr. Technician $125 / Hour Jr. Technician $100/Hour Jr. Technician $ 95 /Hour Sr. Autocad Technician $100/Hour Inspector $125 /Hour Autocad Technician $ 85 /Hour Administrative II $ 85 /Hour Administrative Assistant $ 65 /Hour Administrative I $ 65 /Hour Subconsultant Management Fee 10% These hourly billing rates will remain effective for this renewal period of the initial agreement. Should you have any questions regarding the above subject, please feel free to contact our office at any time. Sincerely, Aaron Bowles, P.E. Vice President 1835 20th Street 1250 W. Eau Gallie Blvd., Suite H 806 Delaware Avenue 901 Martin Downs Blvd., Suite 203 Vero Beach, FL 32960 Melbourne, FL 32935 Ft. Pierce, FL 34950 Palm City, FL 34990 772.569.0035 321.253.1510 772.468.9055 772.426.9959 Fax 772.778.3617 Fax: 321.253.091 1 Fax: 772.778.3617 Fax: 772.778.3617