CN-370000-BS135-A1.pdf

Contract No. BS135 Amendment No. 1

Rev. 12.27.21

AMENDMENT NO. 1

TO CONTRACT NO. BS135

BETWEEN

FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION

AND

MOTT MACDONALD FLORIDA, LLC

This Amendment to Contract No. BS135, (Contract) is made by and between the Department of Environmental Protection (Department), an agency of the State of Florida, and Mott MacDonald Florida, LLC 1545 Raymond Diehl Road Suite 200, Tallahassee, Florida 32308, (Contractor), on the date last signed below.

WHEREAS, the Department entered into the Contract with the Contractor to provide professional engineering services for projects involving civil and coastal engineering and geology, petroleum engineering, landscape architecture, surface water hydrology and hydrogeology, biology, land management, restoration and reclamation of lands mined or disturbed, mapping and geographical information systems, and construction management (Services), as described in 2018008 (“Solicitation”) effective March 29, 2019; and

WHEREAS, the parties wish to amend the Contract as set forth herein.

NOW THEREFORE, the parties agree as follows:

1. The Contract is renewed for a 5 year period to begin March 29, 2024, and remain in effect until March 28, 2029. The Department and the Contractor shall continue to perform their respective duties during this renewal period pursuant to the same terms and conditions provided in the Contract.

2. Paragraph 33., “COMPLIANCE WITH LAWS”, is hereby deleted in its entirety and replaced with the following:

COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS AND VENUE.

a. The Contractor and all its agents shall comply with all federal, state and local regulations, including, but not limited to, nondiscrimination, wages, social security, workers’ compensation, licenses, and registration requirements. The Contractor shall include this provision in all subcontracts issued as a result of this Contract.

b. Contractor and its subcontractors and agents must also specifically comply with the following civil rights

i. Title VI of the Civil Rights Act of 1964 as amended (prohibiting discrimination in federally assisted

ii. programs on the basis of race, color, or national origin in the delivery of services or benefits);

iii. Section 13 of the 1972 Amendment to the Federal Water Pollution Control Act (prohibiting discrimination on the basis of sex in the delivery of services or benefits under the Federal Water Pollution Control Act as

iv. Section 504 of the Rehabilitation Act of 1973 (prohibiting discrimination in federally assisted programs on the

v. Age Discrimination Act of 1975 (prohibiting discrimination in federally assisted programs on the basis

vi. 40 C.F.R. Part 7, (implementing Title VI of the Civil Rights Act of 1964, Section 13 of the 1972 Amendments to the Federal Water Pollution Control Act, and Section 504 of the Rehabilitation Act of 1973);

vii. United States Executive Order (EO) 13166 (federal agencies required to ensure that recipients of federal financial assistance take reasonable steps to provide meaningful access to their programs and activities by Limited English Proficiency (LEP) persons).

viii.

including Part I, chapter 760, F.S. (prohibiting discrimination on the basis of race, color, religion, sex, pregnancy, national origin, age, handicap, or marital status).

3. The following provision is hereby added to the Contract as a new paragraph 37.A.:

Rev. 12.27.21

SECTION 287.058 REQUIREMENTS. The requirements contained within section 287.058(1), F.S. are hereby incorporated by reference where applicable, unless superseded by provisions within the agreement.

4. Paragraph 39.B., “DISQUALIFICATION”, is hereby deleted in its entirety and replaced with the following:

EMPLOYEE ELIGIBILITY. Contractor is required to use the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of all employees used by the Contractor under this Contract, pursuant to section 448.095, F.S. Also, the Contractor shall include in related subcontracts, if authorized under this Contract, a requirement that subcontractors performing work or providing services pursuant to this Contract utilize the E-Verify system to verify employment eligibility of all employees used by the subcontractor for the performance of the Work.

The subcontractor must provide the Contractor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. The Contractor shall maintain a copy of such affidavit for the duration of the Contract. If the Department has a good faith belief that a subcontractor knowingly violated §448.095(1), F.S. and notifies the Contractor of such, but the Contractor otherwise complied with this statute, the Contractor shall immediately terminate the contract with the subcontractor.

5. Paragraph 47, “MYFLORIDAMARKETPLACE TRANSACTION FEE”, is hereby deleted in its entirety and replaced with the following:

MYFLORIDAMARKETPLACE TRANSACTION FEE.

A. Pursuant to section 287.057(22)(c), F.S., all payments shall be assessed a Transaction Fee of one percent (1.0%), which the Contractor shall pay the State unless exempt pursuant to Rule 60A-1.031, F.A.C.

B. For payments within the State accounting system (FLAIR or its successor), the Transaction Fee shall, when possible, be automatically deducted from payments to the Contractor. If automatic deduction is not possible, the Contractor shall pay the Transaction Fee pursuant to Rule 60A-1.031, F.A.C.

C. Contractor shall submit any monthly reports required pursuant to Rule 60A-1.031, F.A.C. By submission of these reports and corresponding payments, the Contractor certifies their correctness. All such reports and payments shall be subject to audit by the State or its designee.

D. Contractor shall receive a credit for any Transaction Fee paid by the Contractor for the purchase of any item(s) if such item(s) is/are returned to the Contractor through no fault, act, or omission of the Contractor.

Notwithstanding the foregoing, a Transaction Fee is non-refundable when an item is rejected, returned, or declined, due to the Contractor’s failure to perform or comply with specifications or requirements of this Contract.

E. Failure to comply with these requirements shall constitute grounds for declaring the Contractor in default and recovering re-procurement costs from the Contractor in addition to all outstanding fees. CONTRACTORS THAT

ARE DELINQUENT IN PAYING TRANSACTION FEES MAY BE EXCLUDED FROM CONDUCTING

FUTURE BUSINESS WITH THE STATE.

6. The following provision is hereby added to the Contract as a new paragraph 63:

CORRECTIVE ACTION PLAN. In the event that deliverables are unsatisfactory or are not submitted within the specified timeframe, the Department Contract Manager may, by letter specifying the failure of performance under the Contract, request that a proposed Corrective Action Plan (CAP) be submitted by the Contractor to the Department.

All CAPs must be able to be implemented and performed in no more than sixty (60) days.

A. A CAP shall be submitted within ten (10) calendar days of the date of the letter request from the Department. The CAP shall be sent to the Department Contract Manager for review and approval. Within ten (10) calendar days of receipt of a CAP, the Department shall notify the Contractor in writing whether the CAP proposed has been accepted. If the CAP is not accepted, the Contractor shall have ten (10) calendar days from receipt of the Department letter rejecting the proposal to submit a revised proposed CAP. Failure to obtain the Department approval of a CAP as specified above shall result in the Department’s termination of the Contract for cause as authorized in the Contract.

Rev. 12.27.21

B. Upon the Department’s notice of acceptance of a proposed CAP, the Contractor shall have ten (10) calendar days, or longer if specified in the approved CAP, to commence implementation of the accepted plan. Acceptance of the proposed CAP by the Department does not relieve the Contractor of any of its obligations under the Contract. In the event the CAP fails to correct or eliminate performance deficiencies by the Contractor, the Department shall retain the right to require additional or further remedial steps, or to terminate the Contract for failure to perform.

No actions approved by the Department or steps taken by the Contractor shall stop the Department from subsequently asserting any deficiencies in performance. Contractor shall continue to implement the CAP until all deficiencies are corrected. Reports on the progress of the CAP will be made to the Department as requested by the Department Contract Manager.

C. Failure to respond to a Department request for a CAP shall result in suspension or termination of the Contract.

7. The following provision is hereby added to the Contract as a new paragraph 56.C.:

ADDITIONAL REQUIREMENT RELATED TO AUDITS. In a contract for services, Contractor shall provide access and documentation to the Department, within 10 business days of a request, to inspect the following:

a. Financial records, papers, and documents of the contractor that are directly related to the performance of the contract or the expenditure of state funds.

b. Programmatic records, papers, and documents of the contractor which the public agency determines are necessary to monitor the performance of the contract or to ensure that the terms of the contract are being met.

8. Attachment B, Rate Schedule, is hereby deleted in its entirety and replaced Attachment B-1, Renewal Rate Schedule.

9. Attachment K, Truth-in-Negotiation Certificate, is hereby added to the Contract.

10. All other terms and conditions of the Contract remain in effect. If and to the extent that any inconsistency may appear between the Contract and this Amendment, the provisions of this Amendment shall control.

The parties agree to the terms and conditions of this Amendment and have duly authorized their respective representatives to sign it on the dates indicated below.

Mott MacDonald Florida, LLC Florida Department of Environmental Protection

By: ______________________________ Title:

By: __________________________ Secretary or Designee

Date: ____________________________ Date: _________________________

List of attachments/exhibits included as part of this Contract:

Specify Type / Letter Description

Attachment B-1 Renewal Rate Schedule Attachment K Truth-in-Negotiation Certificate

- REMAINDER OF PAGE INTENTIONALLY LEFT BLANK -

Senior Vice President David Skipper

1/26/2024

Digitally signed by Anna DeCerchio Date: 2024.03.27 12:33:16 -04'00'

3/27/24

Contract No. BS135

ATTACHMENT B-1

RENEWAL RATE SCHEDULE

Firm Name: Mott MacDonald FL LLC Contact: James Johnson Phone: 850-688-9166 E-Mail: James.Johnson@mottmac.com

Total Multiplier 2.92

Engineering

Position Title

Base Hourly Rate

(Average)

General Administrative Overhead (OH)

165.75 %

Subtotal Profit Loaded/

Weighted Billing Rates

Base X OH % Base + OH Profit 10% Subtotal * Profit 10 %

Principal 106.25 176.11 282.36 28.24 310.60 Principal Project Manager 84.13 139.45 223.58 22.36 245.94

Principal Engineer/Architect 73.42 121.69 195.11 19.51 214.62

Senior Project Manager 73.33 121.54 194.87 19.49 214.36

Senior Project Engineer/Architect 71.95 119.26 191.21 19.12 210.33

Project Manager/Engineer/Architect 52.40 86.85 139.25 13.93 153.18 Engineer/Architect IV 49.43 81.93 131.36 13.14 144.50 Engineer/Architect III 40.69 67.44 108.13 10.81 118.94 Engineer/Architect II 37.11 61.51 98.62 9.86 108.48 Engineer/Architect I 33.48 55.49 88.97 8.90 97.87

Senior Designer/Specialist 53.43 88.56 141.99 14.20 156.19

Designer/Specialist 39.38 65.27 104.65 10.47 115.12

Technician 24.00 39.78 63.78 6.38 70.16

Senior GIS Specialist 44.17 73.21 117.38 11.74 129.12

Senior Inspector 42.09 69.76 111.85 11.19 123.04

Inspector 39.85 66.05 105.90 10.59 116.49

Administrative Assistant 25.95 43.01 68.96 6.90 75.86

– Remainder of Page Intentionally Left Blank – mailto:James.Johnson@mottmac.com

Firm Name: Mott MacDonald FL LLC Contact: James Johnson Phone: 850-688-9166 E-Mail: James.Johnson@mottmac.com

See Below: Description of minimum qualifications, such as education, certification/licensure, and length of work experience for each position title/classification.

Position Title Qualifications Experience

Principal Licensed; Minimum 15 years’ experience > 15 Years

Principal Project Manager Licensed; Minimum 12 years’ experience > 12 Years

Principal Engineer/Architect Licensed; Minimum 12 years’ experience > 12 Years

Senior Project Manager Licensed; Minimum 10 years’ experience > 10 Years

Project Manager/Engineer/Architect Licensed; Minimum 7 years’ experience > 7 Years

Engineer/Architect IV Minimum 5 years’ experience with EIT or master’s degree 5 - 7 Years

Engineer/Architect III Minimum 3 years’ experience with EIT or master’s degree 3-5 Years

Engineer/Architect II Minimum 1 years’ experience and EIT or master’s degree 1-3 Years

Engineer/Architect I Degree; Just out of college 0-1 Years

Senior Designer/Specialist Minimum 5 years’ experience > 5 Years

Designer/Specialist Entry Level to 5 years’ experience 0-5 Years

Technician Entry Level Position N/A

Senior GIS Specialist Minimum 5 years’ experience > 5 Years

Senior Inspector Minimum 5 years’ experience > 5 Years

Inspector Entry Level to 5 years’ experience 0-5 Years

Administrative Assistant Entry Level Position N/A mailto:James.Johnson@mottmac.com

Firm Name: Comak Group, Inc Contact: Michael G. Cox Phone: 561 - 507 - 7473 E-Mail: mgcox@comakgroup.com

Total Multiplier 2.83

Civil / Environmental

Engineering

Professional Level Position Title

Base Hourly Rate

(Average)

General Administrativ e Overhead

(OH) 157.28 %

Subtotal Profit Loaded/

Weighted Billing Rates

Base X OH % Base +

OH

Profit 10

Subtotal * Profit 10 %

Level 1 Engineering Assistant 25.54 40.17 65.71 6.57 72.28 Level 2 Engineering Technician/ CAD 34.19 53.77 87.96 8.80 96.76 Level 3 Engineer/Scientist 42.72 67.19 109.91 10.99 120.90 Level 4 Lead Engineer / Scientist 61.75 97.12 158.87 15.89 174.76 Level 5 Chief Consulting Engineer 72.64 114.25 186.89 18.69 205.58 Level 6 Principal Engineer 84.92 133.56 218.48 21.85 240.33

See Below: Description of minimum qualifications, such as education, certification/licensure, and length of work

Qualifications by Professional Level, Qualifications and Experience - (Adopted from South Florida Water Management District)

Professional Level Qualifications Experience Level 1 Level 2 Level 3 Level 4 Level 5 Level 6

Associate degree (1) Associate degree (1) BS Degree (1)(2)(3) BS Degree (1)(2)(3) MS Degree (1)(4) MS Degree (1)(4)

0-2 years 0-7 years

4-12 years >12 years > 12 years > 15 years

(1) Valid State of Florida Class-D Driver's License

(2) MS Degree Preferred

(3) State of Florida Certified PE, PG, Professional Preferred

(4) State of Florida Certified PE, PG, Professional Required

Notes:

• All Travel Expenses shall be in accordance with Section 112, Florida Statutes

• Miscellaneous Other Direct costs and Fringe Benefits shall be negotiated as applicable to each Work Order.

mailto:mgcox@comakgroup.com

Firm Name: ESA Scheda Contact: Doug Skurski Phone: 407-403-6308 E-Mail: dskurski@esaassoc.com

Total Multiplier 3.23

Position Title

Base Hourly

Rate (Average)

General Administrative Overhead (OH)

194.03 %

Subtotal

Profit

Loaded/ Weighted

Billing Rates

Base X OH % Base + OH Profit 10

Subtotal * Profit

Vice President 96.30 186.85 283.15 28.31 311.46

Principal Associate 86.63 168.08 254.71 25.47 280.18

Managing Associate 77.86 151.07 228.93 22.89 251.82

Senior Engineer 3 73.32 142.26 215.57 21.56 237.13

Senior Engineer 2 66.74 129.49 196.23 19.62 215.86

Senior Engineer 1 58.43 113.38 171.81 17.18 188.99

Senior Scientist 3 72.50 140.66 213.16 21.32 234.48

Senior Scientist 2 56.10 108.85 164.96 16.50 181.45

Senior Scientist 1 47.28 91.74 139.02 13.90 152.92

Engineer 3 51.95 100.80 152.75 15.27 168.02

Engineer 2 45.00 87.32 132.32 13.23 145.55

Engineer 1 39.66 76.94 116.60 11.66 128.26

Environmental Scientist 3 40.70 78.96 119.66 11.97 131.62

Environmental Scientist 2 33.98 65.93 99.92 9.99 109.91

Environmental Scientist 1 29.25 56.76 86.01 8.60 94.61

Engineer Technician 33.44 64.88 98.32 9.83 108.16

Environmental Technician 22.33 43.33 65.66 6.57 72.22

Geospatial Manager 59.00 114.48 173.49 17.35 190.83

Senior GIS Analyst 49.02 95.12 144.14 14.41 158.55

GIS Analyst 37.77 73.28 111.05 11.10 122.15

Administrative 30.52 59.22 89.74 8.97 98.71

Intern 20.00 38.80 58.80 5.88 64.68 mailto:dskurski@esaassoc.com

Firm Name: ESA Scheda Contact: Doug Skurski Phone: 407-403-6308 E-Mail: dskurski@esaassoc.com

See Below: Description of minimum qualifications, such as education, certification/licensure, and length of work

Position Title Qualifications Experience Vice President Principal Associate Managing Associate Senior Engineer 3 Senior Engineer 2 Senior Engineer 1 Senior Scientist 3 Senior Scientist 2 Senior Scientist 1 Engineer 3 Engineer 2 Engineer 1 Environmental Scientist 3 Environmental Scientist 2 Environmental Scientist 1 Engineer Technician Environmental Technician Geospatial Manager Senior GIS Analyst GIS Analyst Administrative Intern

BS or BA degree or higher, Corporate Officer BS/BA, MS degree or higher BS or BA degree or higher BS or BA Degree, PE registration BS or BA Degree, PE registration BS or BA Degree, PE registration BS or BA Degree BS or BA Degree BS or BA Degree BS or BA Degree, PE registration BS or BA Degree, PE registration BS or BA Degree BS or BA Degree BS or BA Degree BS or BA Degree BS or BA Degree BS or BA Degree BS or BA Degree BS or BA Degree BS or BA Degree HS Degree HS Degree

20+ years 20+ years 20+ years

15-20 years 12-15 years 10-12 years 15-20 years 12-15 years 10-12 years 8-10 years 5-8 years 2-5 years

8-10 years 5-8 years 2-5 years 0-2 years 0-2 years 10+ years 5-10 years 0-5 years 0-1 year 0-1 year mailto:dskurski@esaassoc.com

Firm Name: Southeastern Surveying & Mapping Contact: Thomas Mead Phone: 850-638-0790 E-Mail: Tmead@Southeasternsurveying.com

Total Multiplier 3.14

Rate

(Average)

General Administrative

180.71 %

Weighted

Billing Rates

Base X OH % Base +

OH

Profit 10

Subtotal * Profit

Chief Surveyor 87.05 157.31 244.36 29.32 273.68 Survey Project Manager 3 67.31 121.64 188.95 22.67 211.62 Senior Surveyor 2 60.10 108.61 168.71 20.24 188.95 CADD/Computer Technician

36.06 65.16 101.22 12.15 113.37 2-Person Survey (Field) Party 56.75 102.55 159.30 19.12 178.42 3-Person Survey (Field) Party

75.58 136.58 212.16 25.46 237.62

See Below: Description of minimum qualifications, such as education, certification/licensure, and length of work

Position Title Qualifications Experience Chief Surveyor Principal Surveyor Senior Project Surveyor Survey Technician 3

PSM License PSM License PSM License High School graduate or equivalent with survey experience

> 20 years > 15 years > 6 years > 4 years mailto:Tmead@Southeasternsurveying.com

Firm Name: Coastal Resources Group, Inc.

Contact: Laura L. Flynn Phone: 813-230-0186 E-Mail: llflynn@gmail.com

Total Multiplier 2.80

(Average)

General Administrative

180%

Weighted

Billing Rates

Base X OH % Base + OH Profit 0 % Subtotal * Profit

Senior Scientist /Project Manager I 50.00 90.00 140.00 0.00 140.00

GIS Analyst 40.00 72.00 112.00 0.00 112.00

Environmental Scientist

Environmental Technician

See Below: Description of minimum qualifications, such as education, certification/licensure, and length of work

Position Title Qualifications Experience Senior Scientist/Project Manager Environmental Scientist Environmental Technician GIS Analyst

BS or BA; MS BS or BA; MS High School Diploma; AA; BA or BS BS or BA; MS

> 20 years; > 10 years > 5 years 1-5 years > 10 years mailto:llflynn@gmail.com

Firm Name: Stantec Contact: Laura Flynn Phone: 239-572-3695 E-Mail: Laura.Flynn@Stantec.com

Total Multiplier 2.93

(Average)

General Administrative

166.27%

Weighted

Billing Rates

Base X OH % Base + OH Profit 10 % Subtotal * Profit

Project Manager

Senior Scientist IV 79.50 132.18 211.68 21.17 232.85

Engineer, Licensed

Senior Scientist III/Project Manager I 68.36 113.66 182.02 18.20 200.22

Senior Scientist II

Senior Scientist I

Environmental Scientist

Environmental Technician

See Below: Description of minimum qualifications, such as education, certification/licensure, and length of work

Position Title Qualifications Experience Project Manager Senior Scientist IV Engineer, Licensed Senior Scientist III/Project Manager I Senior Scientist II Senior Scientist I Environmental Scientist Environmental Technician

BS or BA; MS BS or BA; MS Licensed PE BS or BA; MS BS or BA; MS BS or BA; MS BS or BA; MS High School Diploma; AA; BA or BS

> 25 years; > 13 years > 20 years; > 18 years

> 10 years > 18 years; > 15 years > 15 years; > 13 years > 12 years; > 10 years

> 1 year > 5; > 2; None Required mailto:Laura.Flynn@Stantec.com

ATTACHMENT K