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Home My WebLink About2021-075FI of 3 RENEWAL AND AMENDMENT NO. 1 TO AGREEMENT FOR CONTINUING ENGINEERING SERVICES AGREEMENT BETWEEN CDM SMITH 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 CDM Smith Inc. (CONSULTANT) and Indian River County, a political subdivision of the State of Florida, 180127th Street, 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: follows: The Agreement for Annual Professional Engineering Services dated April 17, 2018, is amended as 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. F:\Public Works\ENGINEERING DIVISION PROJECTS\2102 Engineering Continuing Contracts - Renewa1\1-Admin\Agenda Items\Renewal & Amendment 1\Agreements\CDM Smith Renewal & Amendment.doc 2 of 3 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] F:\Public Works\ENGINEERING DIVISION PROJECTS\2102 Engineering Continuing Contracts - Renewal\1-Admin\Agenda Items\Renewal & Amendment 1\Agreements\CDM Smith Renewal & 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: CDM SMITH INC. Printed Name and Title INDIAN. RIVER COUNTY BOARD OF COUNTY COMMISSIONERS J��.• o�rF By oseph E. Flescher, Chairman Date Approved by BCC: May 18, 2021 Attest: Jeffrey R. Smith Clerk of Court And Co ptroller By ��/ Depu Clerk _ Approved: Jason Approved as to form and legal sufficiency: #1-44tJ. William K. DeBraa Deputy County Attorney F:\Public Works\ENGINEERING DIVISION PROJECTS\2102 Engineering Continuing Contracts - Renewal\1-Admin\Agenda Items\Renewal & Amendment 1\Agreements\CDM Smith Renewal & Amendment doc By Printed Name and Title INDIAN. RIVER COUNTY BOARD OF COUNTY COMMISSIONERS J��.• o�rF By oseph E. Flescher, Chairman Date Approved by BCC: May 18, 2021 Attest: Jeffrey R. Smith Clerk of Court And Co ptroller By ��/ Depu Clerk _ Approved: Jason Approved as to form and legal sufficiency: #1-44tJ. William K. DeBraa Deputy County Attorney F:\Public Works\ENGINEERING DIVISION PROJECTS\2102 Engineering Continuing Contracts - Renewal\1-Admin\Agenda Items\Renewal & Amendment 1\Agreements\CDM Smith Renewal & Amendment doc CDM SCHEDULE OF HOURLY BILLING RATES CATEGORIES PROFESSIONAL SERVICES SENIOR OFFICER SENIOR TECHNICAL EXPERT OFFICER ASSOCIATE PRINCIPAL SENIOR PROFESSIONAL PROFESSIONAL II PROFESSIONAL I PROFESSIONAL SUPPORT SERVICES SENIOR SUPPORT SERVICES STAFF SUPPORT SERVICES FIELD SERVICES SENIOR PROFESSIONAL PROFESSIONAL PROJECT SUPPORT SERVICES DOCUMENT CONTROL SPECIALIST REVISED EXHIBIT 1 HOURLY RATES $245 $240 $235 $220 $215 $180 $150 $130 $135 $100 $120 $95 $95 Subconsultants and direct expenses are not included in the hourly billing rates. All subconsultant and other direct project related expenses are subject to a minimum handling/administrative charge of 10 percent. RATES ARE EFFECTIVE MAY 18, 2021 THROUGH APRIL 16, 2023