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HomeMy WebLinkAbout2025 Second Amendment to 2021 Contract SECOND AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SEBASTIAN AND CARTER ASSOCIATES, INC. This Amendment to the Agreement (“Amendment”) is hereby made and entered into this _____ day of _______________, 2025, between the City of Sebastian, Florida, a municipal corporation of the State of Florida, hereinafter referred to as the "City" and Carter Associates, Inc., (“Contractor”). WITNESSETH WHEREAS, the City and Contractor entered into an Agreement dated February 22, 2021, for the provision of Non-Exclusive Engineering Consulting Services (“Agreement”); and WHEREAS, the Parties executed the First Amendment to the original Agreement on February 28, 2024 to extend the agreement term; and WHEREAS, the Parties now desire to amend the original Agreement to provide for an extension of the contract term by one year and incorporate a rate adjustment. NOW THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties agree to the following: AGREEMENT 1. The above recitals are hereby found to be the intent of this Amendment. 2. The terms of the original Agreement are hereby restated and incorporated herein by this reference. In the extent of a conflict in terms, the terms of this Second Amendment shall supersede. 3. The term is extended by one year to expire on February 22, 2026. 4. The attachment “Carter Associates, Inc., and LJA Company 2025 Standard Rate Schedule”, shall be effective as of February 21, 2025. (Attached as “Exhibit A”) 5. Except to the extent specifically provided above, this amendment shall not be interpreted or constructed as waiving any rights, obligations, remedies, or claims the parties may otherwise have under the original Agreement. 6. In all other respects except as modified herein, the terms of the original Agreement shall remain in force and effect. [Remainder of page left intentionally blank; Signature page follows] Docusign Envelope ID: 41BB1D72-7793-4A3D-A481-9E5D6865EB49 5th February Carter Associates, Inc. Page 2 of 3 RFQ 21-01 Amendment Two IN WITNESS WHEREOF, and in acknowledgment that the parties hereto have read and understood each and every provision hereof, the parties have caused this third Amendment to be executed as of the date first written above. CARTER ASSOCIATES, INC. CITY OF SEBASTIAN, FL By: By: ________________________________ ________________________________ Patrick S. Walther, P.E, Vice President Brian Benton, City Manager Date: _____________________ Date: ______________________ ATTEST ________________________________ Jeanette Williams, MMC City Clerk For the use and reliance of the City of Sebastian only. Approved as to form and legal sufficiency. ________________________________ Jennifer D. Cockcroft, Esq. City Attorney Docusign Envelope ID: 41BB1D72-7793-4A3D-A481-9E5D6865EB49 2/5/2025 | 1:43:22 PM EST 2/5/2025 | 4:51:03 PM EST Carter Associates, Inc. Page 3 of 3 RFQ 21-01 Amendment Two Exhibit A Docusign Envelope ID: 41BB1D72-7793-4A3D-A481-9E5D6865EB49 Carter Associates, Inc., an LJA Company 2025 STANDARD RATE SCHEDULE STAFF TYPE: HOURLY RATES Vice President $240.00 Senior Project Manager $215.00 Project/Survey Manager $195.00 Project Engineer/Surveyor $165.00 Assistant Project Manager $140.00 Graduate Engineer/Surveyor $130.00 Survey Technician $130.00 Designer III $125.00 Designer II $120.00 Designer I $115.00 CAD Manager $125.00 CAD III $120.00 CAD II $110.00 CAD I $105.00 Administrative Staff $100.00 Expert Witness $480.00 4 Man Survey Crew $320.00 3-Man Survey Crew $250.00 2-Man Survey Crew $175.00 1-Man Survey Crew $120.00 Project Representative $115.00 SPECIALIZED EQUIPMENT: Unmanned Aircraft System (Drone) Leica HD P40 Scanner Hydrographic Boat Deep Tracker ROV SPX Radio Detection RD 8100 Utility Locator Aluminum Boat Aluminum Boat/Motor All-Terrain Vehicle (ATV)/Trailer $300.00/Hour $250.00/Hour $150.00/Hour $100/Hour $75/Hour $500.00/Day $800.00/Day $250.00/Day $1,000.00/Week REIMBURSABLE EXPENSES: Postage, Express Mail, etc. Cost Blueprints/Blackline (24” x 36”) $2.00/Each Color Prints (24”x36) $5.00/Each Mileage IRS Standard Rate Mylar $20.00/Each Photocopies: 8.5” x 11” 25¢/Each 8.5” x 14” 30¢/Each 11” x 17” 35¢/Each Concrete Monuments $30.00/Each Rebar $ 2.50/Each Laths $ 1.75/Each Hubs $ 1.50/Each SUB-CONSULTANTS: Cost plus 10% -15% Docusign Envelope ID: 41BB1D72-7793-4A3D-A481-9E5D6865EB49 PAYMENTS: Billings for Services rendered will be made monthly and payment is requested within fifteen (15) days of receipt of invoice. Unless special arrangements are made, a finance charge of one- and one-half percent (1.5%) per month will be added to unpaid balances more than thirty (30) days old as well as any costs of collection, including attorney’s fees. Carter Associates, Inc. (CAI) reserves the right to suspend work should invoices not be paid within the stated terms. Client affirms that the Services to be provided by CAI should not be subject to the addition of any sales tax, value added tax, wage withholding, or similar tax or withholding, including at the source of payment, and as such, requests that CAI not add any such taxes to its invoices. If applicable, Client shall provide CAI with appropriate exemption certificates. The amount of any such tax that may be imposed for professional services shall be added to the compensation as determined above. In the case where Client is obliged to make any deduction or withholding on account of any such addition, the amount paid to CAI by Client for any invoice shall be grossed up to the amount of the invoice so that any fees and other sums payable to CAI are not subject to such taxes. This Rate Schedule is subject to annual change at CAI’s discretion to reflect increases in costs of operation, inflation, etc. Docusign Envelope ID: 41BB1D72-7793-4A3D-A481-9E5D6865EB49