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Home My WebLink About2023-161INDIAN RIVER COUNTY 66th Avenue Phase II Construction Phase Services Project Number: IRC -15058 AMENDMENT NO. 11 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 Amendment No. 11- 66th Avenue Phase 11 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 • Signalization elements (811t 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 the following jurisdictional agencies: • Indian River County • St. Johns River Water Management District • Indian River Farms Water Control District • Sebastian River Improvement 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. 11- 66`h Avenue Phase II 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 the ENGINEER upon which it is entitled to rely. (THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK) Page 3 of 6 Amendment No. 11 - 66th Avenue Phase II Construction Phase Services EXHIBIT B — FEE SCHEDULE 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 $ 235,490 (THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK) Page 4 of 6 Amendment No. 11- 66`h Avenue Phase II Construction Phase Services EXHIBIT C — TIME SCHEDULE Upon authorization to proceed by the COUNTY, the services identified above are anticipated to extend through the duration of project construction, which is estimated to be approximately 24 months. (THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK) Page 5 of 6 Amendment No. 11 - 66`h Avenue Phase II 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. 11 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 15 day of Augus t, 2023. CONSULTANT: KIMLEY-HORN AND O IATES, INC. By: Bria Good, P. . Title: Senior Vice President BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY •..phlM/sS"• By: Josep H. Ear4Ahairman =2°' • • � ' � : tee;;. BCC Approved Date: August 15. 2023 Attest: Ryan L. Butler, Clerk of Court and Comptroller By: Z1 0 D uty Clerk Approved: /1;0- Yohn A. Titkanich, Jr., County Administrator Approved as to form and legal sufficiency: illiam K. eBraPCountvy�Attorney , Page 6 of 6 Project Name Task Summary Summary IRC -15056 66th Avenue Phase 2 - Post Design Services Manhours for project Task Principal $300 Senior Professional $270 Registerd Professional $210 Professional II $160 Professional 1 $130 Support Remarks Staff $75 Post Design Services 1081 4361 2001 2271 01 94 Total Hours = 108 Labor Fee= $32,400 436 $117,720 200 $42,000 227 $36,320 0 $0 94 $7,050 Total Labor Fee = $235,490 66th Avenue Ph 2 Post Design Services Workplan.xls Page 1 Post Design Services Activity: Post Design Services Task Principal Senior Professional Registered Professional Professional Professional II I Support Remarks Staff Contract File 4 4 Pre -Bid Meeting & Responses 8 8 12 6 Request for Information 20 100 120 80 16 Shop Drawing Review Roadway & Drainage Elements 20 60 40 4 Si nalization 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 SRID 40 8 USACOE 8 2 Project Management 6 Subtotal 108 436 200 227 0 94 Page 2