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May 19 , 2020 Civil Design, Inc . 1400 Centrepark Boulevard, Suite 905 West Palm Beach , Florida 33401 Attn : T . Jeff Trompeter , P . E. , President RE : CIVIL ENGINEERING ANNUAL SERVICES CONTRACT ON A WORK TASK ORDER BASIS RESOLUTION NO . : R2019 - 0715 CONTRACT DATED JUNE 4 , 2019 Department of Engineering and Public Works P .O. Box 21229 West Palm Beach , FL 33416 - 1229 ( 561 ) 684 - 4000 FAX : ( 561 ) 684 - 4050 www. pbcgov .com Mr . Trompeter : Please find attached your Amendment No . 1 for the above referenced Civil Engineering Annual Services Contract , which was approved by the Board of County Commissioners (Board ) on May 5 , 2020 ( R2020 - 0400 ) . The County User Departments will be in touch with you when your services are required . Palm Beach County Board of County Commissioners If you have any questions , please feel free to contact me , at 561 - 684 - 4122. Sincerely, Dave Kerner , Mayor Robert S. Weinroth , Vice Mayor ' O / i Hal R . Valeche Holly ty . Kni £ h Contracts Section Manager t , P. E . Gregg K. Weiss Mary Lou Berger HBK : jd Attachment Administrative Services , Fiscal ( NTP ) CCNA File ( w/original) Roadway Project File Allen F . Grey , Office of Equal Business Opportunity Angela Smith , Office of Equal Business Opportunity Tracy L . Ramsey , Manager , Finance Services , Grants , Contracts , and Compliance, Clerk and Comptroller Susan C . Brown , Asst . Manager , Finance Services , Grants , Contracts , and Compliance , Clerk and Comptroller Lucy Craig , Administrative Specialist I , Grants , Contracts, and Compliance, Clerk and Comptroller Jimilla Hicks , Financial Coordinator, Grants , Contracts , and Compliance , Clerk & Comptroller Patricia Joyce, Contract Analyst , Payables , Clerk & Comptroller Minhnhat Batog , Senior Contract Analyst , Clerk and Comptroller Mark Tomlinson , Director , Construction Coordination Fernando DelDago, CID Director , Facilities Development and Operations James Stiles , Director , Water Utilities Deborah L . Drum , Director , E. R. M Laura Beebe , Director , Department of Airports Morton Rose ' , P . E . , Director , Roadway Production Division Holly B. Knight , P. E . , Contracts Section Manager , Roadway Production Division Vanessa Jagoo , TA III , Roadway Production Division JaeAnn Dean, TA II , Roadway Production Division Colleen Flanagan , TA I , Roadway Production Division Shethal Sinanan , TA I , Roadway Production Division Melissa McKinlay Mack Bernard pc: ec : County Administrator Verdenia C. Baker An Equal Opportunity Affirmative Action Employer " F : \ROADWAY \CCNA \ANNUALS\CIVIL \ CIVIL DESIGN\2020 \ 1st Renewsl \ Annual Design Renewal Amendment _ NTP _ BCC . docx printed on sustainable and recycled paper
Transcript
Page 1: ty. - discover.pbcgov.org · May19, 2020 CivilDesign,Inc. 1400CentreparkBoulevard,Suite905 WestPalmBeach,Florida33401 Attn:T.JeffTrompeter,P.E.,President RE: CIVILENGINEERINGANNUALSERVICES

May 19, 2020

Civil Design, Inc.1400 Centrepark Boulevard, Suite 905West Palm Beach, Florida 33401Attn:T. Jeff Trompeter, P.E., President

RE: CIVIL ENGINEERING ANNUAL SERVICESCONTRACT ON A WORK TASK ORDER BASISRESOLUTION NO.: R2019-0715CONTRACT DATED JUNE 4, 2019

Department of Engineeringand Public Works

P.O. Box 21229

West Palm Beach, FL 33416-1229

(561) 684-4000

FAX: (561) 684-4050

www.pbcgov.com

Mr. Trompeter:

Please find attached your Amendment No. 1 for the above referenced CivilEngineering Annual Services Contract, which was approved by the Boardof County Commissioners (Board) on May 5, 2020 (R2020-0400).The County User Departments will be in touch with you when your servicesare required.

Palm Beach CountyBoard of CountyCommissioners

If you have any questions, please feel free to contact me, at 561-684-4122.Sincerely,

Dave Kerner, Mayor

Robert S. Weinroth, Vice Mayor

'O/iHal R. ValecheHolly ty. Kni£hContracts Section Manager

t, P.E.Gregg K. Weiss

Mary Lou BergerHBK:jdAttachment

Administrative Services, Fiscal (NTP)CCNA File (w/original)Roadway Project FileAllen F. Grey, Office of Equal Business OpportunityAngela Smith, Office of Equal Business OpportunityTracy L.Ramsey, Manager, Finance Services, Grants, Contracts, and Compliance,

Clerk and ComptrollerSusan C. Brown, Asst. Manager, Finance Services, Grants, Contracts, and Compliance,

Clerk and ComptrollerLucy Craig, Administrative Specialist I, Grants, Contracts, and Compliance,

Clerk and ComptrollerJimilla Hicks, Financial Coordinator, Grants, Contracts, and Compliance, Clerk & ComptrollerPatricia Joyce, Contract Analyst, Payables, Clerk & ComptrollerMinhnhat Batog, Senior Contract Analyst, Clerk and ComptrollerMark Tomlinson, Director, Construction CoordinationFernando DelDago, CID Director, Facilities Development and OperationsJames Stiles, Director, Water UtilitiesDeborah L. Drum, Director, E.R.MLaura Beebe, Director, Department of AirportsMorton Rose',P.E., Director, Roadway Production DivisionHolly B. Knight, P.E., Contracts Section Manager, Roadway Production DivisionVanessa Jagoo, TA III, Roadway Production DivisionJaeAnn Dean, TA II, Roadway Production DivisionColleen Flanagan, TA I, Roadway Production DivisionShethal Sinanan, TA I, Roadway Production Division

Melissa McKinlay

Mack Bernard pc:

ec:

County Administrator

Verdenia C. Baker

“An Equal OpportunityAffirmative Action Employer"

F:\ROADWAY\CCNA\ANNUALS\CIVIL\CIVIL DESIGN\2020\1st Renewsl\Annual Design Renewal Amendment_NTP_BCC.docxprinted on sustainableand recycled paper

Page 2: ty. - discover.pbcgov.org · May19, 2020 CivilDesign,Inc. 1400CentreparkBoulevard,Suite905 WestPalmBeach,Florida33401 Attn:T.JeffTrompeter,P.E.,President RE: CIVILENGINEERINGANNUALSERVICES

AMENDMENT NO. 1 TO THEANNUAL CIVIL ENGINEERING PROFESSIONAL SERVICES CONTRACT

BY AND BETWEEN PALM BEACH COUNTYAND CIVIL DESIGN, INC.

R 2 0 2 0 0 4 0 0This Amendment No. 1 to the Annual Civil Engineering Professional Servi0715), dated June 4, 2019, (CONTRACT), is made and entered into t

019-ay of

, by and between Palm Beach County, a political subdivision of the Stateof Florida, by and through its Board of County Commissioners (COUNTY) and Civil Design, Inc.(ANNUAL CONSULTANT) (individually Party and collectively Parties).

, 20

W I T N E S S E T H

WHEREAS, the COUNTY and ANNUAL CONSULTANT entered into the CONTRACT on June4, 2019 (R2019-0715); and

WHEREAS, the original CONTRACT provides that the rates may be adjusted by negotiations;and

WHEREAS, the CONTRACT may be extended, at the COUNTY’S option for a defined period oftime, not to exceed thirty-six months total contract time, upon approval of the COUNTY; and

WHEREAS, by this Amendment No. 1, the ANNUAL CONSULTANT and the COUNTYmutually agree to amend the CONTRACT as provided herein.

NOW, THEREFORE, in consideration of the mutual covenants, promises, and agreements hereincontained, the parties agree as follows:

The above recitations are true and correct and incorporated herein.

1. The CONTRACT is hereby amended to extend the expiration date of the CONTRACTfrom June 3, 2020 to June 3, 2021.

2. Exhibit B of the CONTRACT is hereby deleted in its entirety and replaced with ExhibitB l.

3. SECTION 7.8 - SUBCONTRACTING of the CONTRACT is hereby deleted in itsentirety and replaced with the following:

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Section 7.8 - SUBCONTRACTING

Please note that all forms related to the Equal Business Opportunity (EBO) Program,including waiver forms and good faith effort documentation can be found athttp://discover.pbcQOv.oru/ oebo/Paties/Documents.aspx.

7.8.1 Definitions. The following terms, phrases, words and their derivations shall have themeanings given. Where not inconsistent with the context, words used in the present tenseinclude the future tense, words in the plural number include the singular number, "any"includes "all," "and" includes "or." Capitalized terms are defined as set forth in the EBOOrdinance, and in the CONTRACT.

"Prime" and "prime consultant" mean, refer, and relate to "Prime Contractor," as definedin the EBO Ordinance, and to "ANNUAL CONSULTANT," as defined in theCONTRACT, and as applicable. "Solicitation" and "solicit" mean, refer, and relate toAdvertisement for Proposals. “Proposer” shall mean “Bidder” and “Proposal” shall mean“Bid” as defined in the EBO Ordinance.

7.8.2 Item 1- PolicyIt is the policy of the COUNTY’S Board of County Commissioners that all segments of itsbusiness population, including, but not limited to, small, local, minority and women ownedbusinesses, have an equitable opportunity to participate in the COUNTY’S procurementprocess, prime contract and subcontract opportunities. To that end, the COUNTY’S Boardof County Commissioners adopted an Equal Business Opportunity Ordinance which iscodified in Sections 2-80.20 through 2-80.30 (as may be amended) of the Palm BeachCounty Code, (EBO Ordinance) which sets forth the requirements for the EBO Program,and which is incorporated in this solicitation. The ANNUAL CONSULTANT must complywith the requirements contained in this Section for the ANNUAL CONSULTANT to bedeemed responsive to the solicitation requirements. The provisions of the EBO Ordinanceare applicable to this solicitation, and shall have precedence over the provisions of thissolicitation in the event of a conflict.

7.8.3 Item 2- Application of S/M/WBE Goals through Affirmative ProcurementInitiatives ( APIs)

a. Application of API(s)The API approved for this solicitation, including any applicable S/M/WBE goalsis:

SBE Subcontracting Goals for Professional Services (EBO Ordinance Section2-80.27(3)(e))

A 20% SBE subcontracting participation goal is established for this CONTRACT.A minimum mandators coal of 20% of the total estimated dollar value of theCONTRACT shall be subcontracted to SBEs.however the EBO Office shall reduceor waive this goal when there is inadequate availability of SBE prime and / orsubcontractor firms. Any proposal that fails to comply with the API requirements

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included in this solicitation after the period allowed for waiver requests has lapsedshall be deemed non-responsive to the solicitation requirements.

b. API Waiver RequestsIf The ANNUAL CONSULTANT is unable to comply with the API(s)requirements as set forth in this solicitation, the ANNUAL CONSULTANTshall submit a request for a waiver or partial waiver at least seven (7) daysprior to the proposal due date as stated in the solicitation. If the ANNUALCONSULTANT requests a waiver from an API requirement from the Office ofEqual Business Opportunity (OEBO) at least seven (7) days prior to the proposaldue date, then the proposal due date will be extended pending the outcome of awaiver request. Additionally, if the waiver is granted, the solicitation will beamended accordingly and the due date extended. After submission of a proposal, ifThe ANNUAL CONSULTANT, through no fault of its own, is unable to meet theS/M/WBE participation specified in its proposal, then The ANNUALCONSULTANT must immediately seek substitute S/M/WBEs to fulfill therequirements and obtain the approval of the EBO Director. If, after reasonableGood Faith Efforts, as defined below, the ANNUAL CONSULTANT is unable tofind an acceptable substitute S/M/WBE, a post-proposal opening waiver may berequested. The request shall document the reasons for the ANNUALCONSULTANT’S inability to meet the goal requirement. In the event theANNUAL CONSULTANT is found not to have performed Good Faith Efforts, asdefined below, in its attempt to find a suitable substitute for the initial S/M/WBEproposed utilization, one (1) or more of the penalties and sanctions as set forth inthe EBO Ordinance may be applied.

c. Good Faith EffortsSuch waiver request shall include specified documentation that demonstratessatisfactory Good Faith Efforts, as defined below, were undertaken by TheANNUAL CONSULTANT to comply with the requirements as described underthe selected API. The Good Faith Effort waiver request with instructions forsubmission to the OEBO, is located on the EBO website athttp://discover.pbcqov.orn/oebo/Paqes/Documents.aspx. The OEBO shall review awaiver request within seven (7) days of receipt. The proposal due date will beextended during this review period. If the OEBO determines that adequate GoodFaith Efforts, as defined below, have been demonstrated by the ANNUALCONSULTANT to warrant a partial or total waiver of the API, then the solicitationshall be amended accordingly to reflect the partial or total waiver, and anyproposals received by the COUNTY in the interim shall be returned unopened. Theamended solicitation shall then be advertised to all prospective Proposers and theproposal due dated extended. However, if the OEBO determines that the Proposerfailed to submit documentation sufficient to demonstrate that Good Faith Efforts,as defined below, were undertaken by the Proposer to support its waiver or partialwaiver request, the request for waiver or partial waiver shall be denied, and thesolicitation shall remain unchanged. In the event of an adverse waiver or partialwaiver request decision, the Proposer shall have the right to request reconsiderationof the adverse decision by the Director OEBO, and if still aggrieved, shall be

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subsequently entitled to the process for an appeal to a Special Master as referencedin Section 2.-80.28 (b) of the EBO Ordinance. The solicitation due date shall beextended pending the OEBO Director’s reconsideration and Special Master appealprocess, if requested.

d. Documentation Required for Good Faith EffortsDocumentation means documentation of the Proposer’s intent to comply with theapplicable API(s), including, but not limited to, the following: (1) documentationas stated in the solicitation reflecting the Proposer’s commitment to comply withS/MAVBE goals as established by the OEBO for a particular contract; or (2)documentation of efforts made toward achieving EBO program goals (e.g.,solicitations of bids/proposals/qualification statements from all qualifiedS/MAVBE firms listed in the OEBO’s directory of certified S/M/WBE firms;correspondence from qualified S/M/WBE firms documenting their unavailabilityto perform S/M/WBE contracts; documentation of efforts to subdivide work intosmaller quantities for subcontracting purposes to enhance opportunities forS/M/WBE firms; documentation of a Prime Consultant’s posting of a bondcovering the work of S/M/WBE subconsultants; documentation of efforts to assistS/M/WBE firms with obtaining financing, bonding or insurance required by theProposer; and documentation of consultations with trade associations andconsultants that represent the interests of S/M/WBEs in order to identify qualifiedand available S/M/WBE subconsultants. Scoring of Good Faith Effortsdocumentation and administrative determinations regarding the adequacy of suchGood Faith Efforts is the responsibility of the OEBO.

7.8.4 Item 3- Proposal Submission DocumentationS/M/WBE proposers, proposing as prime consultants, are advised that they must completeSchedule 1 and Schedule 2, listing the work to be performed by their own workforce, aswell as the work to be performed by all subconsultants, including S/M/WBEsubconsultants. Failure to include this information on Schedule 1 will result in theparticipation by the S/M/WBE prime proposers own workforce NOT being countedtowards meeting the - S/M/WBE goal. This requirement applies even if the S/M/WBEproposer intends to perform 100% of the work with their own workforce.

S/M/WBE Participation. Proposer represents and warrants that Proposer will meet theS/M/WBE participation percentages submitted in its proposal with the subconsultantscontained on Schedules 1 and 2 and at the dollar values specified. Proposer agrees toprovide any additional information requested by the COUNTY to substantiateparticipation.Proposers are required to submit Schedules 1 and 2 with their proposal in order to bedeemed responsive to this solicitation. Subconsultant documentation shall be submitted asfollows:

Schedule 1 - List of Proposed SubconsultantsA completed Schedule 1 submitted by the prime shall list the names of all subconsultantsintended to be used in performance of the CONTRACT, if awarded. The total proposedpercentage of S/M/WBE participation shall also be included on this form. This schedule

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shall also be used if an S/MAVBE ANNUAL CONSULTANT is performing all or anyportion of this CONTRACT with their work force.

Schedule 2 - Letter of IntentA completed Schedule 2 is a binding document between the ANNUAL CONSULTANTand a subconsultant (or any tier) and should be treated as such. The Schedule 2 shall containbolded language indicating that by signing the Schedule 2, both parties recognize thisSchedule as a binding document. Each Schedule 2 shall be properly executed by theANNUAL CONSULTANT and by the proposed subconsultant. If the ANNUALCONSULTANT is an S/MAVBE, a Schedule 2 shall be submitted to document work to beperformed by its workforce. All S/M/WBE(s) shall specify, in detail, the type of work theywill perform along with the dollar amount they will be compensated and/or percentage ofwork they will perform. If any subconsultant intends to subcontract any portion of theirwork, they are required to list the dollar amount and the name of the subconsultant on thisform. All named subconsultants on this form must also complete and submit a separateSchedule 2. The ANNUAL CONSULTANT may count toward its S/M/WBE goal secondand third tiered certified S/M/WBE(s); provided that the ANNUAL CONSULTANTsubmits a completed Schedule 2 form for each S/M/WBE.

A detailed quote or proposal maybe attached with a signed Schedule 2.Failure to submit a properly executed Schedule 1 and Schedule 2 will result in a proposalbeing rejected as non-responsive to the solicitation.

In the event of a conflict between Schedules 1 and 2 when calculating S/M/WBEparticipation, the information provided on Schedule 2 shall have precedence.

In the event of mathematical error(s), the unit price, if available, shall prevail and thevendor’s total offer shall be corrected accordingly.

7.8.5 Item 4- S/M/WBE CertificationOnly those firms certified by Palm Beach County at the time of proposal submission shallbe counted toward the established S/M/WBE goals. Upon receipt of a completedapplication, IT TAKES UP TO NINETY (90) BUSINESS DAYS TO BECOMECERTIFIED AS AN S/M/WBE WITH PALM BEACH COUNTY. It is theresponsibility of the proposer to confirm the certification of any proposed S/MA/VBE;therefore, it is recommended that proposers visit the online Vendor Directory atwww.pbcqov.oru oebo to verify S/M/WBE certification status. Firms must continue torecertify during the life of the CONTRACT as the COUNTY may only count toward theestablished goal, work performed by an S/M/WBE during the time their certification datesare valid.

7.8.6 Item 5- Counting S/M/WBE Participationa. Once a business is determined to be an eligible S/M/WBE according to the Palm

Beach County certification procedures, the ANNUAL CONSULTANT may counttoward its goals only that portion of the total dollar value of a contract performedby the S/M/WBE. Prior to issuance of this solicitation the total dollar value of acontract will be determined by the COUNTY by defining factors to be considered

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as value. Total dollar value of retail contracts shall be determined by GrossReceipts, as defined in the EBO Ordinance.

b. Certified S/M/WBE participation will only count toward the established goal in abusiness category in which it does not exceed the size standard.

c. The ANNUAL CONSULTANT may count toward the established goal a portionof the total dollar value of a contract with a joint venture, based on the clearlydefined portion of the work to be performed by the certified S/M/WBE of the jointventure.

d. The ANNUAL CONSULTANT may count toward the established goal the entireexpenditures for materials and equipment purchased by an S/M/WBEsubconsultant, provided that the S/M/WBE subconsultant has the responsibility forthe installation of the purchased materials and equipment.

e. The ANNUAL CONSULTANT may count sixty percent (60%) of its expenditureto S/M/WBE suppliers / distributors that are not manufacturers toward theestablished goal.

f. The ANNUAL CONSULTANT may count toward the established goal, second andthird tiered certified S/M/WBEs, provided that the Prime submits a completedSchedule 2 form for each S/M/WBE.

g. The ANNUAL CONSULTANT may count the entire expenditure to an S/M/WBEmanufacturer toward the established goal (i.e., a supplier/distributor that producesgoods from raw materials or substantially alters the goods before resale).

h. The ANNUAL CONSULTANT may only count towards the established goal thegoods and services in which the S/M/WBE subconsultant is certified and performswith their work force.

7.8.7 Item 6 - Responsibilities After CONTRACT Award

Schedule 3- Subcontractor Activit \ Form

The ANNUAL CONSULTANT shall submit a completed Activity Report form (Schedule3) with each invoice, or payment application when any subconsultant has provided servicesduring the period in which the Prime is requesting payment. This form shall contain thenames of all subconsultants, and specify the contracted dollar amount, approved changeorders; revised contract amount; amount drawn this period; amount drawn to date; andpayments to date issued to all subconsultants with their starting date.

Schedule 4- Pa\ ment Certification FormA fully executed Schedule 4 shall be submitted for each subconsultant after receipt ofpayment from the ANNUAL CONSULTANT. The ANNUAL CONSULTANT shallsubmit this form with each payment application or invoice submitted to the COUNTY

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when the COUNTY has paid the ANNUAL CONSULTANT on the previous paymentapplication for services provided by a subconsultant. If any subconsultant intends todisburse funds associated with this payment to another subconsultant for labor provided onthis CONTRACT, the amount and name of the subconsultant shall be listed on this form.All named subconsultants on this form must also complete and submit a separate Schedule4 after receipt of payment. If the ANNUAL CONSULTANT is a certified S/MAVBE, aSchedule 4 shall be submitted to reflect the amount of payment retained by the ANNUALCONSULTANT for services performed by its own workforce. All proposers hereby agreeand assure that they will meet the S/MAVBE participation percentages submitted in theirrespective proposals with the subconsultants contained on Schedules 1 and 2 and at thedollar values specified. Respondents or proposers agree to provide any additionalinformation requested by the COUNTY to substantiate participation.

The successful ANNUAL CONSULTANT shall submit a Subcontractor Activity Form(Schedule 3) and Payment Certification Forms (Schedule 4) with each paymentapplication. Failure to provide these forms may result in a delay in processing paymentor disapproval of the invoice until they are submitted. The Subcontractor Activity Formis to be filled out by the ANNUAL CONSULTANT and the Payment Certification Formsare to be executed by the subconsultant to verify receipt of payment.

Upon letter notification by the COUNTY that the EBO payment portal/tracking system isavailable for use, the vendor is required to input all subconsultant payment informationdirectly into the EBO payment portal prior to submitting a payment application.

Post Proposal Waiver Request. After submission of a proposal, if Proposer, through nofault of its own, is unable to meet the S/M/WBE participation specified in its proposal, thenProposer must immediately seek substitute S/M/WBEs to fulfill the requirements andobtain the approval of the EBO Director. If, after reasonable Good Faith Efforts, theProposer is unable to find an acceptable substitute S/M/WBE, a post-proposal openingwaiver may be requested. The request shall document the reasons for the Proposer’sinability to meet the goal requirement. In the event the Proposer is found not to haveperformed Good Faith Efforts in its attempt to find a suitable a substitute for the initialS/M/WBE proposed utilization, one (1) or more of the penalties and sanctions as set forthherein may be imposed by the EBO Office.

Change Orders and Modifications. If the COUNTY'S issuance of an alternate or changeorder on a project results in changes in the scope of Work to be performed by a S/M/WBEsubconsultant listed at proposal opening, the ANNUAL CONSULTANT must submit amodified, completed and signed Schedule 2 that specifies the revised scope of Work to beperformed by the S/M/WBE, along with the price and /or percentage.

7.8.8 Item 7- S/M/WBE SubstitutionsAfter CONTRACT award, the ANNUAL CONSULTANT will only be permitted tosubstitute a certified S/M/WBE that is unwilling or unable to perform. The ANNUALCONSULTANT will only be permitted to modify the scope of work or price of anS/M/WBE listed at proposal opening or date/time for submission of the response to thesolicitation as a result of the COUNTY’S issuance of an amendment, alternate or change

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orders on a project. Substitutions shall be done with like certified S/M/WBEs in order tomaintain the participation percentages submitted with the proposal.

All requests for modifications or substitutions shall be submitted to the COUNTY and theOffice of EBO on the EBO Request for S/M/WBE Substitution Modification RemovalForm for review. Upon receiving an approval for substitution, the ANNUALCONSULTANT shall submit a completed and signed Schedule 2 for the new S/MAVBE;the new S/M/WBE shall specify the type of work to be performed, and the dollar amountand/or percentage shall also be specified upon receiving approval for modification orsubstitution.

The ANNUAL CONSULTANT shall submit a new properly executed Schedule 2 thatspecifies the revised scope of work to be performed by the S/M/WBE, along with therevised dollar amount and/or percentage. A detailed quote or proposal may be attachedwith a properly executed Schedule 2.

7.8.9 Item 8- EBO Program Compliance- PenaltiesUnder the EBO Ordinance, the OEBO is required to implement and monitor S/M/WBEutilization during the term of any contract resulting from this solicitation. It is theCOUNTY’S policy that S/M/WBEs shall have the maximum feasible opportunity toparticipate in the performance of COUNTY contracts. All Proposers are required to complywith the EBO Ordinance and shall be expected to comply with the API(s) applicable to thissolicitation, as well as the S/M/WBE utilization proposed by a Proposer in its Proposal,which utilization plan forms a part of any resulting CONTRACT.

The Director of the OEBO or designee may require such reports, information, anddocumentation from the Proposer/Vendor as are reasonably necessary to determinecompliance with the EBO Ordinance requirements. Vendor shall correct all noncomplianceissues within fifteen (15) calendar days of a written notice of noncompliance by thedepartment procuring the goods or services or the OEBO. If the Vendor does not resolvethe non-compliance within fifteen (15) days of receipt of written notice of non-compliance,then upon recommendation of sanctions by the Director of EBO or designee in consultationwith the COUNTY regarding the failure of a contractor, vendor, respondent or proposer orother business representative to comply with any portion of the EBO Ordinance, theDirector of the EBO or designee (for purposes of imposing penalties, the PurchasingDirector shall serve as the EBO designee) may impose any or all of the following penaltieson the non-complying party any or all of the following penalties:

a. Suspension of CONTRACT;b. Withholding of funds;c. Termination of CONTRACT based upon a material breach of CONTRACT

pertaining to EBO Program compliance;d. Suspension or Debarment of a respondent or proposer, contractor or other

business entity from eligibility for providing goods or services to the COUNTYfor a period not to exceed three (3) years; and

e. Liquidated damages equal to the difference in dollar value of S/M/WBEparticipation as committed to in the CONTRACT, and the dollar value ofS/M/WBE participation as actually achieved, if applicable.

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4. SECTION 9 - CRIMINAL HISTORY RECORDS CHECK of the CONTRACT ishereby deleted in its entirety and replaced with the following:

Section 9 - CRIMINAL HISTORY RECORDS CHECK

The ANNUAL CONSULTANT, ANNUAL CONSULTANT’S employees,subcontractors of ANNUAL CONSULTANT and employees of subcontractors shallcomply with Palm Beach County Code, Section 2-371 - 2-377, the Palm Beach CountyCriminal History Records Check Ordinance (Ordinance), for unescorted access to criticalfacilities (Critical Facilities) or criminal justice information facilities (CJI Facilities) asidentified in Resolutions R2013-1470 and R2015-0572, as amended. The ANNUALCONSULTANT is solely responsible for the financial, schedule, and/or staffingimplications of this Ordinance. Further, the ANNUAL CONSULTANT acknowledges thatits Contract price includes any and all direct or indirect costs associated with compliancewith this Ordinance, except for the applicable FDLE/FBI fees that shall be paid by theCOUNTY.

9.1

This CONTRACT may include sites and/or buildings which have been designatedas either critical facilities or criminal justice information facilities pursuant to theOrdinance and Resolution R2003-1274, as amended. COUNTY staff representing theCOUNTY department will contact the ANNUAL CONSULTANT(S) and provide specificinstructions for meeting the requirements of this Ordinance. Individuals passing thebackground check will be issued a badge. The ANNUAL CONSULTANT shall makeevery effort to collect the badges of its employees and its subcontractors’ employees uponconclusion of the CONTRACT and return them to the COUNTY. If the ANNUALCONSULTANT or its subcontractor(s) terminates an employee who has been issued abadge, the ANNUAL CONSULTANT must notify the COUNTY within two (2) hours. Atthe time of termination, the ANNUAL CONSULTANT shall retrieve the badge and shallreturn it to the COUNTY in a timely manner.

9.2

The COUNTY reserves the right to suspend the ANNUAL CONSULTANT if theANNUAL CONSULTANT 1) does not comply with the requirements of County CodeSection 2-371 - 2-377, as amended; 2) does not contact the COUNTY regarding aterminated ANNUAL CONSULTANT employee or subcontractor employee within thestated time; or 3) fails to make a good faith effort in attempting to comply with the badgeretrieval policy.

9.3

5. SECTION 24 - VSS REGISTRATION REQUIRED is hereby added to theCONTRACT:

SECTION 24 - VSS REGISTRATION REQUIRED

In order to do business with Palm Beach County, ANNUAL CONSULTANTS are requiredto create a Vendor Registration Account OR activate an existing Vendor RegistrationAccount through the Purchasing Department’s Vendor Self Service (VSS) system, whichcan be accessed athttps://pbcvssp.co.palm-beach.fl.us/webanp/vssp/AltSelfService.

Page 9 of 11

Page 11: ty. - discover.pbcgov.org · May19, 2020 CivilDesign,Inc. 1400CentreparkBoulevard,Suite905 WestPalmBeach,Florida33401 Attn:T.JeffTrompeter,P.E.,President RE: CIVILENGINEERINGANNUALSERVICES

If ANNUAL CONSULTANT intends to use sub-consultants, ANNUAL CONSULTANTmust also ensure that all sub-consultants are registered as consultants in VSS. Allsubcontractor agreements must include a contractual provision requiring that the sub-consultant register in VSS. COUNTY will not finalize a contract award until the COUNTYhas verified that the ANNUAL CONSULTANT and all of its sub-consultants are registeredin VSS.

It is the intent of the parties hereto that this Amendment No. 1 shall not become binding until thedate executed by the COUNTY.

Except as hereby amended, changed or modified, all other provisions of the CONTRACT, asamended, shall remain in full force and effect.

REMAINDER OF PAGE LEFT INTENTIONALLY BLANK

Page 10 of 11

Page 12: ty. - discover.pbcgov.org · May19, 2020 CivilDesign,Inc. 1400CentreparkBoulevard,Suite905 WestPalmBeach,Florida33401 Attn:T.JeffTrompeter,P.E.,President RE: CIVILENGINEERINGANNUALSERVICES

IN WITNESS WHEREOF, Board of County Commissioners of Palm Beach County, Florida hasmade and executed this Amendment No. 1 to the CONTRACT, as amended, on behalf of theCOUNTY, and ANNUAL CONSULTANT has hereunto set its hand the day and year abovewritten.

R 2 0 2 0* 0400Palm Beach County, a Pol itiMftULmsumof the State of Florida, by and through itsBoard of County Commissioners:

ANNUAL CONSULTANT:Civil Design, Inc.

BY:BY:TV Trompeter, P.E., President/-CORPORATE SEA#kl#Wv \

Dave Kemer, Mayor

S E A L . NT'c;

&CN;

ATTEST: ATTEST WITNESS: J **..Sharon R. Bock, Clerk & Comptroller

BY: Denise A. Bas-Arzua- a. AIA CEOCircuit Court(Print Name)

(Signature)

BY: Gabriel D. Burden. P.E., VPPrint Name)APPROVED AS TO TERMS

AND CONDITIONS:

(Signature)BY;^ Omelio A. Fernandez, P.E.Director of Roadway Production

APPROVED AS TO FORM &LEGAL SUFFICIENCY:

BY:Yelizaveta B. Herman,Assistant County Attorney

F:\ROADWAY\CCNA\ANNUALS\CIV7L\CIVIL DESIGN\2020\lst Renewal'vAnnital Design Renewal Amendment_ R.ev.docx

Page 11 of 11

Page 13: ty. - discover.pbcgov.org · May19, 2020 CivilDesign,Inc. 1400CentreparkBoulevard,Suite905 WestPalmBeach,Florida33401 Attn:T.JeffTrompeter,P.E.,President RE: CIVILENGINEERINGANNUALSERVICES

IN WITNESS WHEREOF, Board of County Commissioners of Palm Beach County, Florida hasmade and executed this Amendment No. 1 to the CONTRACT, as amended, on behalf of theCOUNTY, and ANNUAL CONSULTANT has hereunto set its hand the day and year abovewritten.

ANNUAL CONSULTANT:Civil Design,Inc.

OWNER:Palm Beach County, a Political Subdivisionof the State of Florida, by and through itsBoard of County Commissioners:

BY:BY*

Dave Kemer, Mayor T. ompeter, P.E., President

CORPORATE SEAL'iv’k XS E A L

ATTEST WITNESS:ATTEST:Sharon R. Bock, Clerk & ComptrollerCircuit Court BY: Denise A. Bas-Arzuaaa. AIA CEO

(Print Name)

BY:1 0 Jin?<x ((Deputy Clerk)

(Signature)

BY: Gabriel D. Burden. P.E.. VP

‘rint Name)APPROVED AS TO TERMSAND CONDITIONS:

rp&JBY:^ (Signature)

Omelio A. Fernandez, P.E.Director of Roadway Production

APPROVED AS TO FORM &LEGAL SUFFICIENCY:

BY: Yelizaveta E He,mmYelizaveta B. Herman,Assistant County Attorney

F:\ROADWAY',CCNA\ANNUALS\ClViL\aVK DKSlGN\2020\Jst RenewaMmual Design Renewal AmendmentJiev.docx

Page 11 of 11

Page 14: ty. - discover.pbcgov.org · May19, 2020 CivilDesign,Inc. 1400CentreparkBoulevard,Suite905 WestPalmBeach,Florida33401 Attn:T.JeffTrompeter,P.E.,President RE: CIVILENGINEERINGANNUALSERVICES

CWrou ^ ^(JQ}CIVIL DESIGN. INC.Service Driven Design « Engineered Results Exhibit B1

CIVIL ENGINEERING ANNUAL SERVICES ON A WORK ORDER TASK BASISCIVIL DESIGN, INC.

"FEE SCHEDULE FROM 6/4/2020 TO 6/3/2021"

HOURLY RATES:

Hourly PayPersonnel Classification (3% increase) Multiplier Rate

''v .... ...$207.99.. ...$163.41.. ...$133.71.„. .....$96.57.X)....$89.61

$69.33.......$54.47. .$44.57

$32.19$29.87

1. Principal Engineer2. Senior Engineer....3. Project Engineer...4. Engineer Intern ....5. CADD Technician..

3.003.003.003.003.00

MULTIPLIER CALCULATIONS:SalaryFringe BenefitsOverheadSubtotalProfit @ 12%...TOTAL

1.000.531.272.800.343.14

N(MAXIMUM ALLOWABLE MULTIPLIER 3.00

CERTIFICATION:

The above is true and correct to the best of my knowledge.

December 16 2019.Jeff' rompeter,President Date

1400 Centrepark Blvd., Suite 905 •West Palm Beach, FL 33401•T: 561.659.5760 •www.civil-design.com•CA9664 •AA26002648

Page 15: ty. - discover.pbcgov.org · May19, 2020 CivilDesign,Inc. 1400CentreparkBoulevard,Suite905 WestPalmBeach,Florida33401 Attn:T.JeffTrompeter,P.E.,President RE: CIVILENGINEERINGANNUALSERVICES

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