HomeMy WebLinkAboutKimley-Horn and Associates, INC. Second Addendum to the Continuing Engineering Services for Water Systems - 2024 04 01SECOND ADDENDUM TO
AGREEMENT FOR CONTINUING ENGINEERING SERVICES FOR WATER SYSTEMS
THIS SECOND ADDENDUM TO AGREEMENT FOR CONTINUING ENGINEERING SERVICES FOR WATER
SYSTEMS ("Second Addendum") is made and entered into this O�r day of 2024,by and between the CITY
OF WINTER SPRINGS, a Florida municipal corporation located at 1126 East State Road 434, Winter Springs, Florida
32708 ("City"), and KIMLEY-HORN AND ASSOCIATES, INC. a North Carolina corporation authorized to do business in the
State of Florida ("Engineer"), whose principal address is 421 Fayetteville Street, Suite 600, Raleigh, NC 27601.
WITNESSETH:
WHEREAS, the City and Engineer previously entered into an Agreement for Continuing Engineering Services For
Water System ("Agreement") under the terms and conditions stated therein, the term of which began on April 2 91
2020, and expired on April 23, 2023; and
WHEREAS, the City and Engineer previously executed the First Addendum to extend the term of the Agreement
to April 29, 2024; and
WHEREAS, the Agreement is set to terminate on April 29, 2024, unless renewed pursuant to Section 1.1 of the
Agreement; and
WHEREAS, the parties desire and mutually agree: to extend the Agreement for an 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 "A" of the Agreement; and
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties covenant and agree as follows:
1.0 Recitals. The foregoing recitals are deemed to be true and accurate and are fully incorporated herein by this
reference.
2.0 Term ofAereement Extension. In accordance with Section 1.1 of the Agreement, the Agreement is hereby
extended for one (1) year, commencing on April 2 9, 2 0 2 4, and terminating at midnight on April 28, 2025, unless
either party chooses to exercise its rights under Section 18.0, "Termination."
3.0 Payment. Exhibit "A" of the Agreement contains a rate schedule applicable to the 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:
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City of Winter Springs/Kimley-Horn and Associates
Hourly Labor Rate Schedule
Classification Rate
Principal -in -Charge $ 295.00
Senior Project Manager $ 270.00
Project Manager $ 220.00
Project Engineer 2 $ 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%). Internal
Reimbursable Expenses will be charged at 5% of the Labor Billings, External Reimbursable Expenses will be
charged per the Contract. Sub -Consultants will be billed per the Contract.
Except for the price increases expressly provided for above provisions of the Agreement and the exhibits
attached thereto related to pricing shall remain unchanged.
4.0. E-Veri Section 38.0 of the Agreement is hereby created as follows:
38.0 E-VERIFY
A. In accordance with Chapter 448.095, Florida Statutes, the Engineer shall register and utilize the
U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of
all new employees hired by the Engineer during the term of this Contract.
B. The Engineer shall expressly require any subcontractors performing work providing services
pursuant to this Agreement to likewise utilize the U.S. Department of Homeland Security's E-
Verify system to verify the employment eligibility of all new employees hired by the
subcontractor during the term of this Contract.
C. The Engineer agrees to maintain records of its participation and compliance with the provisions
of the E-Verify program, including participation by its subcontractors as provided above, and to
make such records available to the City consistent with the terms of the Engineer's enrollment
in the program. This includes maintaining a copy of proof of the Engineer's and subcontractors'
enrollment in the E-Verify program.
D. The Engineer must meet this requirement unless:
1. This Agreement is solely for goods -based procurement where no services are provided;
or
2. Where the requirement is waived by the City Commission; or
3. The Agreement is being executed with a Sole Proprietor who does not hire employees
and therefore is not required to file a Department of Homeland Security Form 1-9 (which
is the document used for E-Verify); or
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City of Winter Springs/Kimley-Horn and Associates
4. The Agreement is being executed with a company based outside of the United States of
America and does not employ any citizens of the United States of America.
E. An Engineer who registers with and participates in the E-Verify program may not be barred or
penalized under this section if, as a result of receiving inaccurate verification information from
the E-Verify program, the Engineer hires or employs a person who is not eligible for
employment.
F. Nothing in this section may be construed to allow intentional discrimination of any class of
persons protected by law.
5.0 Scrutinized Companies. Section 39.0 of the Agreement is hereby created as follows:
39.0 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.
6.0 Other Terms and Conditions. Any otherterm orcondition of the Agreement not expressly modified by this
Second Addendum shall remain in full force and effect.
AGREED:
CITY OF INT SPRINGS KIMLEYi}H AND AS OCIATES, INC.
Philip Hursh Name: Lance R. Littrell
Interim City Ma er
Title: Vice President
Date: March 29, 2024
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City of Winter Springs/Kimley-Horn and Associates