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HomeMy WebLinkAboutKimley-Horn and Associates, INC. First Addendum for the Continuing Civil Engineering Services - Water. Wastewater, Reclaimed Water & Stormwater Utility, Road & Transportation Facility, Architecture & Landscape Architecture - 2024 04 01FIRST ADDENDUM CITY OF WINTER SPRINGS CONTINUING CIVIL ENGINEERING SERVICES AGREEMENT Water, Wastewater, Reclaimed Water and Stormwater Utility Road and Transportation Facility Architecture and Landscape Architecture THIS FIRST ADDENDUM TO CONTINUIN CIVIL ENGINEERING SERVICES AGREEMENT ("Addendum") is made and entered into this { day of 1 2024, by and between the CITY OF WINTER SPRINGS, FLORIDA, a Florida Municipal Corporation, Ioca ed at 1126 E. State Road 434, Winter Springs, Florida 32708 ("City") and KIMLEY-HORN AND ASSOCIATES, INC., a North Carolina corporation whose principal address is 421 Fayetteville Street, Suite 600, Raleigh, NC 27601 ("Engineer"). The City and Engineer hereby agree as follows: WITNESSETH: WHEREAS, City and Contractor previously entered into the Continuing Civil Engineering Services Agreement ("Agreement), on June, 05, 2021 for the purposes of Engineer providing Continuing Civil Engineering Services for Water, Wastewater Reclaimed Water and Stormwater Utility; Road and Transportation Facility; Architecture and Landscape Architecture; and WHEREAS, the City and Engineer set forth their mutual understanding of the terms and conditions of the Agreement, the terms and conditions of which are incorporated herein by this reference; and WHEREAS, the parties desire and mutually agree to extend the term of the Agreement for and additional one (1) year term pursuant to Section 1.1 of the Agreement; and WHEREAS, the parties desire and mutually agree to increase the compensation to the Engineer in accordance with Exhibit of the Agreement; and NOW THEREFORE, in consideration of the mutual promises herein contained, and for good and valuable consideration, the sufficiency of which is hereby acknowledged, the Parties hereto agree as follows: 1.0 Recitals. The foregoing recitals are hereby deemed to be true and accurate and are incorporated herein by this reference as a material part of this Addendum. 2.0 Term of Agreement Extension. In accordance with Section 1.1 of the Agreement, the Agreement is hereby extended for an additional term of one (1) year, commencing on June 05, 2 0 2 4, and terminating at midnight on June 04, 2025, unless either party chooses to exercise its rights under Section 18.0 "Termination." Page I 1 First Addendum to Continuing Civil Engineering Services Agreement City of Winter Springs/ Kimley-Horn and Associates [nc. 3.0 Payment. Exhibit "A" of the Agreement contains a rate schedule applicable to tasks performed pursuant to the Agreement and provides that rates shall be subject to an annual adjustment of four percent (4%). Exhibit "A," Hourly Labor Rate Schedule, is hereby modified as follows: Classification Rate Principal -in -Charge $ 295.00 Senior Project Manager $ 270.00 Project Manager $ 220.00 Project Engineer $ 180.00 Project Engineer 1 $ 165.00 Analyst $ 140.00 Technical Support $ 145.00 Project Admin $ 95.00 Effective through June 30, 2025. Thereafter, subject to annual adjustments of four percent (4%). Except for the price increases expressly provided for above, provisions of the Agreement and the exhibits attached thereto relating to pricing shall remain unchanged. 4.0 Scrutinized Companies. Section 40.0 of the Agreement is hereby created as follows: 40.0 Scrutinized Companies. Engineer must provide evidence of compliance with section 287.135, Florida Statutes. Evidence shall consist of an affidavit from the Engineer stating that neither Engineer, its owners, or its principals, are listed on either the Scrutinized Companies with Activities in Sudan List or on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; engaged in business operations in Cuba or Syria; or on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel. Engineer will notify the City immediately if the Engineer, its owners, or its principals are placed on the Scrutinized Companies with Activities in Sudan List or on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; engaged in business operations in Cuba or Syria; or on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel. For Agreements of $1,000,000 or more, the City may, at its sole option, terminate this Agreement if Engineer is found to have submitted a false certification, been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria. For all Agreements, City may, at its sole option, terminate this Agreement if Engineer is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel. Page 12 First Addendum to Continuing Civil Engineering Services Agreement City of Winter Springs/ Kimley-Horn and Associates Inc. 5.0 Other Terms and Conditions. Any other term or condition of the Agreement not expressly modified by this First Addendum shall remain in full force and effect. IN WITNESS WHEREOF, the parties cause this First Addendum to be executed by their respective authorized officials. AGREED: CITY: Philip Hursh Interim City Manager Date: 2 Page 13 KIMLEY-Hi'" AND A/SSO,,CIATES, INC.: Name: Lance R. Littrell Title: Vice President Date: March 29, 2024 First Addendum to Continuing Civil Engineering Services Agreement City of Winter Springs/ Kimley-Horn and Associates Inc.