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HomeMy WebLinkAbout2026-039BFIRST EXTENSION AND AMENDMENT TO AGREEMENT FOR CONTINUING CONSULTING ENGINEERING SERVICES This First Extension and Amendment to that certain Agreement to provide Continuing Consulting Engineering Services is entered into effective as of May 2, 2026, by and between Indian River County, a political subdivision of the State of Florida ("County") and C DH 5 #A'% +6 X rV-- ("Engineer"). BACKGROUND RECITALS WHEREAS, the County and the Engineer entered into an Agreement for Continuing Consulting Engineering Services effective May 2, 2023; and WHEREAS, Paragraph 4 of the Agreement contains the term and renewal provisions; and WHEREAS, the first term commenced effective as of May 2, 2023, and will end on May 1, 2026; and WHEREAS, pursuant to the Agreement, the parties desire to extend the Agreement for an additional two years; and WHEREAS, the parties desire to Amend Article 9: Termination to include new termination for breach language as require by Statute; and WHEREAS, the parties desire to amend Exhibit 2 to the Agreement — Pricing; NOW, THEREFORE, in consideration of the foregoing, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the County and the Engineer agree as follows: 1. The background recitals are true and correct and form a material part of this First Extension and Amendment. 2. The first renewal term shall commence effective May 2, 2026, and shall end on May 1, 2028. There are no more renewals available. 3. Article 9: Termination is amended to include: 9.10 TERMINATION FOR BREACH OF CONTRACT DURING EMERGENCY RECOVERY PERIODS FOR NATURAL EMEGERNCIES: A vendor or service provider that breaches such contract related to an emergency response for a natural emergency during an emergency recovery period (1 -year period that begins on that date that the Governor initially declared a state of emergency for a natural emergency) is to pay a $5,000 penalty and damages, which may either be actual and consequential damages or liquidated damages. 4. Exhibit 2 to the Agreement is updated to reflect new pricing. 5. All other terms and provisions of the Agreement shall be unchanged and remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this First Extension and Amendment to be executed effective the day and year first set forth above. e -Diel 'S MMA IAL* (Engineer) By: 4r '1- Printed na - V: Ac. T ; &,rAeA. Title:y %Le PrC5;aAa (Corporate Seal) Date: ;:raO-)at q 3D1 ZdZ I. INDIAN RIVER COUNTY, FLO BOARD OF COUNTY COMMIER T Deryl Loar, Chairman .,ER COUI� Attest: Ryan L. Butler, Clerk of Circuit Court And Comptroller n ��� Deputy , Approved: hn A. titianich, Jr. County Administrator Approved as to form and legal sufficiency: Aoun fer . Shuler ty Attorney Smith 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 Contract Administrator Document Control Specialist $310 $300 $290 $280 $260 $210 $190 $170 $190 $150 $150 $140 $150 $120 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 12 percent. Technical staff (engineers, geologists, scientist, etc.) fall in the Professional Services Categories. The staff engaged and the categories used for a particular project depends on the nature and complexity of the work. The Officer categories are used for our senior technical staff (CDM Smith Grades 9 and above), including our Officer -In -Charge, that engage in project execution mostly related to quality management and project performance monitoring. The level of involvement of the Officer categories also depends on the nature and complexity of the work. RATES EFFECTIVE THROUGH MAY 30, 2028