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Home My WebLink AboutRFQ 21-05 Amendment 2 - Signed Hoyle, Tanner & Associates Page 1 of 6 RFQ 21-05 Amendment Two SECOND AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SEBASTIAN AND HOYLE, TANNER & 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 Hoyle, Tanner & Associates, Inc. (“Contractor”). WITNESSETH WHEREAS, the City and Contractor entered into an Agreement on January 14, 2022, for the provision of Non-Exclusive Continuing Professional Engineering Consulting Services (“Agreement”); and WHEREAS, the Parties executed the First Amendment to the original Agreement on September 11, 2024, to extend the agreement term, incorporate a rate change, and amend the contract term; and WHEREAS, the Parties now desire to amend the Original Agreement to: (1) provide for a one-year extension of the contract term, (2) incorporate required statutory affidavits, and (3) 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 September 30, 2026. 4. The attached “Exhibit A” shall be effective once the last party executes this document. 5. The attached “Exhibit B” shall be effective on October 1, 2025. 6. 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. 7. In all other respects except as modified herein, the terms of the original Agreement shall remain in force and effect. Document ID: DF4CB0124482C5F0D640EF0BB574F16B September10th Hoyle, Tanner & Associates Page 2 of 6 RFQ 21-05 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 Second Amendment to be executed as of the date first written above. HOYLE, TANNER & ASSOCIATES CITY OF SEBASTIAN, FL By: By: ___________________________ __________________________ Wilbur J. Mathurin, 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 Document ID: DF4CB0124482C5F0D640EF0BB574F16B ID: 706AB51B-8FF4-4701-... Digitally signed by <wmathurin@hoyletanner. com> September 08, 2025 09:42 AM EDT 09/08/2025 ID: 41B2D74B-AB9A-4293... Digitally signed by <jcockcroft@cityofsebastia n.org> September 08, 2025 10:01 AM EDT ID: 99BA9CE3-BC5A-4E0A-... Digitally signed by <bbenton@cityofsebastian. org> September 10, 2025 09:26 AM EDT 09/10/2025 ID: A5EE86E4-3216-4240-... Digitally signed by <jwilliams@cityofsebastian. org> September 10, 2025 10:47 AM EDT Hoyle, Tanner & Associates Page 3 of 6 RFQ 21-05 Amendment Two EXHIBIT A REQUIRED FORMS Document ID: DF4CB0124482C5F0D640EF0BB574F16B Hoyle, Tanner & Associates Page 4 of 6 RFQ 21-05 Amendment Two CONTRACTING WITH ENTITIES OF FOREIGN COUNTRIES OF CONCERN PROHIBITED AFFIDAVIT The Contracting with Entities of Foreign Countries of Concern Prohibited Affidavit Form (“Form”) is required by Section 287.138, Florida Statutes (“F.S.”), which is deemed as being expressly incorporated into this Form. The Affidavit must be completed by a person authorized to make this attestation on behalf of the Bidder/Proposer for the purpose of submitting a bid, proposal, quote, or other response or otherwise entering into a contract with the City. The associated bid, proposal, quote, or other response will not be accepted unless and until this completed and executed Affidavit is submitted to the City. ________________________________ does not meet any of the criteria set forth in Paragraphs 2 (a) – (c) (Bidder's/Proposer's Legal Company Name) of Section 287.138, FS. Pursuant to Section 92.525, F.S., under penalties of perjury, I declare that I have read the foregoing statement and that the facts stated in it are true. Print Name of Bidder's/Proposer's Authorized Representative: _________________________________ Title of Bidder's/Proposer's Authorized Representative: _________________________________ Signature of Bidder's/Proposer's Authorized Representative : _________________________________ Date: ________________________ Document ID: DF4CB0124482C5F0D640EF0BB574F16B Hoyle, Tanner & Associates, Inc. Wilbur J. Mathurin Vice President ID: 706AB51B-8FF4-4701-... Digitally signed by <wmathurin@hoyletanner. com> September 08, 2025 09:42 AM EDT09/08/2025 Hoyle, Tanner & Associates Page 5 of 6 RFQ 21-05 Amendment Two HUMAN TRAFFICKING AFFIDAVIT In compliance with Section 787.06(13), Florida Statutes, this affidavit must be completed by an officer or representative of a nongovernmental entity that is executing, renewing, or extending a contract with the City of Sebastian (the “Governmental Entity”). The undersigned, on behalf of the entity listed below (the “Nongovernmental Entity”), hereby swears or affirms as follows: 1. I am over eighteen (18) years of age. The following information is based on my own personal knowledge. 2. I am an officer or representative of______________________________________, a Nongovernmental entity, and I am authorized to provide this affidavit on behalf of the Nongovernmental Entity. 3. Neither Nongovernmental Entity, nor any of its subsidiaries or affiliates, uses coercion for labor or services, as such italicized terms are defined in Section 787.06, Florida Statutes, as may be amended from time to time. 4. If, at any time in the future, Nongovernmental Entity does use coercion for labor or services, Nongovernmental Entity will immediately notify Governmental Entity, and no contracts may be executed, renewed, or extended between the parties. 5. Nongovernmental Entity has read the foregoing attestation, confirms that the facts stated in it are true, and is made for the benefit of, and reliance by, Governmental Entity. 6. This declaration is made pursuant to Section 92.525(1)(c), Florida Statutes. I understand that making a false statement in this declaration may subject me to criminal penalties. UNDER PENALTIES OF PERJURY, I DECLARE THAT I HAVE READ THE FOREGOING ANTIHUMAN TRAFFICKING AFFIDAVIT AND THAT THE FACTS STATED IN IT ARE TRUE. FURTHER AFFIANT SAYETH NOT. Company Name Authorized Signature Printed Name & Title Date Document ID: DF4CB0124482C5F0D640EF0BB574F16B Hoyle, Tanner & Associates, Inc. Hoyle, Tanner & Associates, Inc. ID: 706AB51B-8FF4-4701-... Digitally signed by <wmathurin@hoyletanner. com> September 08, 2025 09:42 AM EDT Wilbur J. Mathurin/Vice President 09/08/2025 Hoyle, Tanner & Associates Page 6 of 6 RFQ 21-05 Amendment Two EXHIBIT B REVISED RATES Document ID: DF4CB0124482C5F0D640EF0BB574F16B BILLING RATES AND CHARGES (Company Confidential) October 1, 2024 The following charge rates represent all Hoyle, Tanner & Associates, Inc. (Hoyle Tanner) overhead, taxes and profit, includin g rent, office overhead and accounting, social security, unemployment taxes, workers' compensation, liability insurance, as wel l as direct and fringe benefit compensation. The present charge rates for the different classifications of employees are as indicated below. Classification Rate/Hr. Classification Rate/Hr. Principal Engineer 265.00 CADD Tech Manager 147.00 Principal Engineer Executive 275.00 Senior CADD Designer 147.00 Senior Technical Engineer 220.00 Senior CADD Technician 124.00 Technical Engineer 150.00 CADD Designer 88.00 Senior Project Engineer 185.00 CADD Technician 113.00 Project Engineer 149.00 Senior Construction Technician 158.00 Staff Engineer 132.00 Construction Technician 112.00 Engineer 120.00 Technician 75.00 Senior Project Manager 230.00 Senior Planner 175.00 Project Manager 193.00 Planner 114.00 Senior Resident Project Representative 160.00 Senior Administrative Professional 220.00 Resident Project Representative 135.00 Administrative Professional 155.00 Senior Resident Engineer 135.00 Senior Project Assistant 123.00 Resident Engineer 110.00 Project Assistant 107.00 Senior Environmental Coordinator 191.00 Principal Surveyor 175.00 Environmental Coordinator 121.00 Survey Project Manager 142.00 Senior Environmental Scientist 133.00 Survey Technician 115.00 Public Outreach Coordinator 175.00 One-Person Survey Crew 145.00 Land Acquisition Specialist 125.00 Two-Person Survey Crew 185.00 The above-quoted hourly rates are subject to adjustment under the following conditions: 1. Overtime wages paid to hourly employees at the specific request of the client, due to the Client's scheduling requirements. 2. Escalation in wages and salary costs due to normal "cost of living" increases, and merit raises due to increase in staff experience (annual review). 3. Litigation - Fees for court preparation, depositions, pretrial conferences and in court non -testimony time will be billed at two (2) times the normal billing rate. Fees for in-court testimony will be billed at three (3) times the normal billing rate. REIMBURSABLE EXPENSES - Reimbursable expenses are expenses incurred directly or indirectly in connection with the project such as, but not limited to, transportation, meals, lodging for travel, telephone, fax, postage, overnight deliveries, courier services, equipment rental, photographs and video supplies, testing and laboratory services, permit and other license fees, professional services, sales taxes, and the cost of reproductions beyond those normally required for coordination and information purposes. These expenses will be billed at cost plus a service charge of ten percent (10%), unless agreed to otherwise. OUTSIDE CONSULTANTS - Hoyle Tanner engages the specialized services of individual consultants or other companies to participate in a project, when considered necessary. The cost of outside consultants will be billed at cost plus an administration charge of ten percent (10%), unless agreed to otherwise. The billing rates and charges provided above are considered by Hoyle Tanner to be company confidential. This information, which you have requested, is being provided to you, the Client, for your consideration. You, the Client, agree that this information shall not be reproduced, divulged, or transmitted to other parties in any manner, in whole or in part, without th e express written permission of Hoyle Tanner. Approved: ______________________________ Christopher R. Mulleavey, P.E. Date: October 1, 2024 President/CEO Document ID: DF4CB0124482C5F0D640EF0BB574F16B