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HomeMy WebLinkAbout2025 Second Amendment SECOND AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SEBASTIAN AND KIMLEY-HORN AND 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 Kimley-Horn and 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 “RFQ21-01 Continuing Engineering Services – Contract Extension City of Sebastian”, 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: EFC52F60-298F-46F1-8A1C-6F5029818D9C February19th Kimley-Horn and Associates, Inc. Page 2 of 3 RFQ 21-01 Amendment 2 IN WITNESS WHEREOF, and in acknowledgment that the parties hereto have read and understood each and every provision hereof, the parties have caused this Second Amendment to be executed as of the date first written above. KIMLEY-HORN AND ASSOCIATES, INC. CITY OF SEBASTIAN, FL By: By: _____________________________ _____________________________ Wayne White, 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: EFC52F60-298F-46F1-8A1C-6F5029818D9C 2/18/2025 | 4:55:29 PM EST 2/19/2025 | 8:14:58 AM EST Kimley-Horn and Associates, Inc. Page 3 of 3 RFQ 21-01 Amendment 2 Exhibit A Docusign Envelope ID: EFC52F60-298F-46F1-8A1C-6F5029818D9C kimley-horn.com 445 24th Street, Suite 200, Vero Beach, Florida 32960 772 794 4100 RFQ 21-01 Continuing Engineering Services – Contract Extension City of Sebastian Job Class Loaded Hourly Rate / Billable Hourly Rate CADD/Computer Technician $150.00 Chief Designer $220.00 Chief Engineer 1 $305.00 Chief Engineer 2 $305.00 Chief Planner $285.00 Chief Scientist $285.00 Contract Coordinator $155.00 Designer $160.00 Engineer 1 $215.00 Engineer 2 $235.00 Engineering Intern $190.00 Engineering Technician $150.00 Environmental Specialist $150.00 Land Planner $235.00 Landscape Architect $215.00 Landscape Architect Intern $165.00 Landscape Designer $190.00 Planner $165.00 Principal Engineer $325.00 Project Landscape Architect $235.00 Project Manager 1 $235.00 Project Manager 2 $260.00 Project Manager 3 $245.00 Project Planner $215.00 Scientist $150.00 Secretary/Clerical $105.00 Senior Designer $160.00 Senior Engineer 1 $260.00 Senior Engineer 2 $245.00 Senior Engineering Technician $165.00 Senior Environmental Specialist $165.00 Senior Landscape Architect $285.00 Senior Planner $260.00 Senior Scientist $260.00 Senior Surveyor/Mapper $260.00 2 Person Survey Crew $215.00 Docusign Envelope ID: EFC52F60-298F-46F1-8A1C-6F5029818D9C