RFB 1606 THREE SISTERS SPRINGS BANK STABILIZATION PROJECT. ADDENDUM #2 (Acknowledgment is Required)

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1 SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT 2379 BROAD STREET BROOKSVILLE, FLORIDA TELEPHONE: FAX: February 16, 2016 RFB 1606 THREE SISTERS SPRINGS BANK STABILIZATION PROJECT ADDENDUM #2 (Acknowledgment is Required) Prospective Bidders must acknowledge the receipt of this Addendum in the applicable section on the Bid Response Form. Please note that underlined information (example) is added wording and stricken information (example) is deleted wording. A. The subparagraph numbering under paragraphs 2.13 INSURANCE and 2.14 BONDING are incorrect. The correct subparagraph numbers for 2.13 INSURANCE should be through not through and the subparagraph numbers for 2.14 BONDING should be and through to not and through to B. Figure 2, Construction Plans, Sheet 10, Envirolok Note #1, is not applicable. 1. PLANTS ARE TO BE INSTALLED WITHIN TWO WEEKS OF BAG PLACEMENT. C. Funding for the Three Sisters Springs Bank Stabilization Project has been revised to include State of Florida funding from the Florida Department of Environmental Protection (FDEP). Addendum #2 includes the required language changes for the Specifications and for Attachment 11, Sample Agreement, as follows: ADDITIONS TO THE SPECIFICATIONS: 2.37 DISCRIMINATION. Pursuant to Subsection (2)(a), F.S., an entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. The CONTRACTOR agrees to include this provision in all contracts issued as a result of this Agreement. CHANGES TO THE SPECIFICTIONS: 1. Paragraph 1.2, LAW COMPLIANCE, is hereby replaced in its entirety with the new Paragraph 1.2, LAW COMPLIANCE, as follows: 1.20 LAW COMPLIANCE. The CONTRACTOR shall comply with all applicable federal, state and local laws, rules, regulations and guidelines, including those of the DISTRICT, related to performance under this Agreement. The CONTRACTOR acknowledges that this requirement includes, but is not limited to, compliance with all applicable federal, state and local health and safety rules and regulations. The CONTRACTOR further agrees to include this provision in all subcontracts issued as a result of this Agreement. No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be excluded from participation in; be denied the proceeds or benefits of; or be RFB 1606 Addendum #2 Page 1 of 6 2/16/2016

2 otherwise subjected to discrimination in performance of this Agreement. If applicable, the Contractor agrees to comply with the Consultants Competitive Negotiation Act, Section , F.S., in the procurement of professional services required for the work LAW COMPLIANCE. The Contractor will abide by and assist the District in satisfying all applicable federal, state and local laws, rules, regulations and guidelines, related to performance under the Agreement. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, handicap, disability, marital status or national origin. If applicable, the Contractor agrees to comply with the Consultants Competitive Negotiation Act, Section , F.S., in the procurement of professional services required for the work. 2. Subparagraph regarding liability insurance is hereby amended to add the following sentence at the end of the subparagraph: The minimum limits of liability shall be $200,000 for each individual s claim. The insurance will provide coverage for all claims that may arise from the services and/or operations completed under this Agreement, whether such services and/or operations are by the CONTRACTOR or anyone directly or indirectly employed by him. 3. Subparagraph regarding workers compensation is hereby amended to add the following sentence at the end of the subparagraph : To the extent required by law, the CONTRACTOR will be self-insured against, or will secure and maintain during the life of this Agreement, Workers Compensation Insurance for all of its employees connected with the work of this PROJECT and, in case any work is subcontracted, the CONTRACTOR shall require the subcontractor similarly to provide Workers Compensation Insurance for all of its employees unless such employees are covered by the protection of the CONTRACTOR. Such self-insurance program or insurance coverage shall comply fully with the Florida Workers Compensation law. In case any class of employees engaged in hazardous work under this Agreement is not protected under Workers Compensation statutes, the CONTRACTOR shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the DISTRICT, for the projection of his employees not otherwise protected. 4. Subparagraph is hereby replaced in its entirety with the following: All insurance policies shall be with insurers licensed or eligible to do business in the State of Florida. The CONTRACTOR S current certificate of insurance shall contain a provision that the insurance will not be canceled for any reason except after thirty (30) days written notice (with the exception of non-payment of premium which requires a 10 day notice) to the DISTRICT S Risk Manager and the FDEP S Procurement Administrator Contractor must notify the District in writing of the cancellation or material change to any insurance coverage required by the Agreement resulting from this RFB. Such notification must be provided to the District within five (5) business days of the Contractor s notice of such cancellation or change from its insurance carrier. ADDITIONS TO ATTACHMENT 11, SAMPLE AGREEMENT: 5. The Agreement is hereby amended to add the following WHEREAS clause: WHEREAS, the parties acknowledge that a portion of the funds for this PROJECT is from the Florida Department of Environmental Protection (FDEP), provided to the DISTRICT under Grant Agreement No. S684 (FDEP Grant Agreement). RFB 1606 Addendum #2 Page 2 of 6 2/16/2016

3 6. New subparagraphs 3.4 and 3.5 are hereby added after subparagraph 3.3 as follows: 3.4 The CONTRACTOR shall submit a copy of any executed subcontract(s) to the DISTRICT within seven (7) days after execution so the DISTRICT may provide to the FDEP in accordance with the FDEP Grant Agreement. 3.5 The CONTRACTOR acknowledges that the FDEP supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State of Florida. A list of minority owned firms that could be offered subcontracting opportunities may be obtained by contacting the Office of Supplier Diversity at (850) New subparagraphs 4.9, 4.10, and 4.11, are hereby added after subparagraph 4.8 as follows: 4.9 A final payment request shall be submitted to the DISTRICT no later than ten (10) days after the completion of the PROJECT so the DISTRICT may comply with the FDEP Grant Agreement In addition to the invoicing requirements contained in this Compensation Paragraph, the DISTRICT may periodically request proof of a transaction (invoice, payroll register, etc.) to evaluate the appropriateness of costs to the Agreement pursuant to State and Federal guidelines (including cost allocation guidelines), as appropriate. This information, when requested, must be provided within fifteen (15) calendar days of such request in order for the DISTRICT to have sufficient time to provide the information to the FDEP in accordance with the FDEP Grant Agreement. The CONTRACTOR may also be required to submit a cost allocation plan to the DISTRICT in support of its multipliers (overhead, indirect, general administrative costs, and fringe benefits). State guidelines for allowable costs can be found in the Department of Financial Services Reference Guide for State Expenditures at The parties acknowledge that FDEP s funding obligation under the FDEP Grant Agreement is contingent upon the FDEP s approval of the following deliverables: Dated photographs of construction before, during and upon completion; and 2) Certification of completion by the Construction Engineer. In the event that a deliverable is deemed unsatisfactory by the FDEP under the FDEP Grant Agreement, the CONTRACTOR shall re-perform the services needed for submittal of a satisfactory deliverable, at no additional cost to the DISTRICT, within seven (7) days of being notified of the unsatisfactory deliverable. If the FDEP requests that a proposed Corrective Action Plan (CAP) be submitted, the CONTRACTOR must implement and perform the CAP in no more than sixty (60) days. 8. New Paragraphs EQUIPMENT, SUBCONTRACTS, CONFLICT OF INTEREST, and DISCRIMINATION, are hereby added after Paragraph 27, DOCUMENTS, as follows: 28. EQUIPMENT. No FDEP funding shall be used to purchase equipment costing One Thousand Dollars ($1,000) or more. 29. SUBCONTRACTS. CONTRACTOR S subcontracts which involve payments for direct salaries shall clearly identify the personnel involved, salary rate per hour, and hours/time spent on the PROJECT. All multipliers used (i.e. fringe benefits, overhead, and/or general and administrative rates) shall be supported by audit. If the DISTRICT determines that multipliers charged by the CONTRACTOR or CONTRACTOR S subcontractor exceeded the rates supported by audit, the CONTRACTOR shall be required to reimburse such funds to the DISTRICT within thirty (30) days of written notification. Interest on the excessive charges shall be calculated based on the prevailing rate used by the State Board of Administration. For fixed price subcontracts, the following provisions shall apply: RFB 1606 Addendum #2 Page 3 of 6 2/16/2016

4 29.1 The CONTRACTOR may award, on a competitive basis, fixed price subcontracts to consultants/contractors in performing the work described in the Project Plan. Invoices submitted to the DISTRICT for fixed price subcontracted activities shall be supported with a copy of the subcontractor s invoice and a copy of the tabulation form for the competitive procurement process (Invitation to Bid or Request for Proposals) resulting in the fixed price subcontract The CONTRACTOR may request approval from the DISTRICT to award a fixed price subcontract resulting from the procurement methods other than those identified in the paragraph above. In this instance, the CONTRACTOR shall request the advance written approval from the DISTRICT S Contract Manager of the fixed price negotiated by the CONTRACTOR. The letter of request shall be supported by a detailed budget and Scope of Services to be performed by the subcontractor. Upon receipt of the DISTRICT S Contract Manager s approval of the fixed price amount, the CONTRACTOR may proceed in finalizing the fixed price subcontract. 30. CONFLICT OF INTEREST. The CONTRACTOR covenants that it presently has no interest and shall not acquire any interest which would conflict in any manner or degree with the performance of services required. 31. DISCRIMINATION. Pursuant to Subsection (2)(a), F.S., an entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. The CONTRACTOR agrees to include this provision in all contracts issued as a result of this Agreement. CHANGES TO ATTACHMENT 11, SAMPLE AGREEMENT: 9. Subparagraph 2.1 is hereby amended to replace the last sentence in its entirety with the following: The DISTRICT S Project Manager is not authorized to approve any time extension which would result in an increased cost to the DISTRICT, violate the requirements of the FDEP Grant Agreement, or which will exceed the expiration date set forth in this Agreement. 2.1 The DISTRICT'S Project Manager is hereby authorized to approve requests to extend a PROJECT task deadline set forth in this Agreement. Such approval must be in writing, explain the reason for the extension and be signed by the Project Manager and his or her Bureau Chief, or Director if the Bureau Chief is the Project Manager, unless the DISTRICT S Signature Authority provides otherwise. The DISTRICT'S Project Manager is not authorized to approve any time extension which will result in an increased cost to the DISTRICT or which will exceed the expiration date set forth in Paragraph 5, Contract Period. 10. Paragraph 6, PROJECT RECORDS AND DOCUMENTS, is hereby amended to replace the last sentence in its entirety with the following: The CONTRACTOR shall ensure that the FDEP, the State, or their authorized representatives shall have access to such records for audit purposes during the term of this Agreement and for five (5) years following Agreement completion. In the event any work is subcontracted, the CONTRACTOR shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. RFB 1606 Addendum #2 Page 4 of 6 2/16/2016

5 6. PROJECT RECORDS AND DOCUMENTS. The CONTRACTOR, upon request, will permit the DISTRICT to examine or audit all PROJECT related records and documents during or following completion of the PROJECT at no cost to the DISTRICT. Payments made to the CONTRACTOR under this Agreement shall be reduced for amounts found to be not allowable under this Agreement by an audit. If an audit is undertaken by the DISTRICT, all required records shall be maintained until the audit has been completed and all questions arising from it are resolved. The CONTRACTOR will maintain all such records and documents for at least three (3) years following completion of the PROJECT. 11. Subparagraph 6.1 is hereby amended to add the following sentence at the end of the subparagraph: This Agreement may be unilaterally canceled by the DISTRICT for refusal by the CONTRACTOR to allow public access to all documents, papers, letters, or other material made or received by the CONTRACTOR in conjunction with this Agreement, unless the records are exempt from Section 24(a) of Article I of the State Constitution and Section (1)(a), Florida Statutes. 12. Subparagraph 10.1 is hereby amended to add the following sentence at the end of the subparagraph: The minimum limits of liability shall be $200,000 for each individual s claim. The insurance will provide coverage for all claims that may arise from the services and/or operations completed under this Agreement, whether such services and/or operations are by the CONTRACTOR or anyone directly or indirectly employed by him. 13. Subparagraph 10.4 regarding workers compensation is hereby amended to add the following sentence at the end of the subparagraph: To the extent required by law, the CONTRACTOR will be self-insured against, or will secure and maintain during the life of this Agreement, Workers Compensation Insurance for all of its employees connected with the work of this PROJECT and, in case any work is subcontracted, the CONTRACTOR shall require the subcontractor similarly to provide Workers Compensation Insurance for all of its employees unless such employees are covered by the protection of the CONTRACTOR. Such self-insurance program or insurance coverage shall comply fully with the Florida Workers Compensation law. In case any class of employees engaged in hazardous work under this Agreement is not protected under Workers Compensation statutes, the CONTRACTOR shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the DISTRICT, for the projection of his employees not otherwise protected. 14. Subparagraph 10.7 is hereby replaced in its entirety with the following: All insurance policies shall be with insurers licensed or eligible to do business in the State of Florida. The CONTRACTOR S current certificate of insurance shall contain a provision that the insurance will not be canceled for any reason except after thirty (30) days written notice (with the exception of non-payment of premium which requires a 10 day notice) to the DISTRICT S Risk Manager and the FDEP S Procurement Administrator CONTRACTOR must notify the DISTRICT in writing of the cancellation or material change to any insurance coverage required by this Agreement. Such notification must be provided to the DISTRICT within five (5) business days of the CONTRACTOR S notice of such cancellation or change from its insurance carrier. 15. Paragraph 16, LAW COMPLIANCE, is hereby replaced in its entirety with the new Paragraph 16, LAW COMPLIANCE, as follows: RFB 1606 Addendum #2 Page 5 of 6 2/16/2016

6 16. LAW COMPLIANCE. The CONTRACTOR shall comply with all applicable federal, state and local laws, rules, regulations and guidelines, including those of the DISTRICT, related to performance under this Agreement. The CONTRACTOR acknowledges that this requirement includes, but is not limited to, compliance with all applicable federal, state and local health and safety rules and regulations. The CONTRACTOR further agrees to include this provision in all subcontracts issued as a result of this Agreement. No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this Agreement. 16. LAW COMPLIANCE. The CONTRACTOR will abide by and assist the DISTRICT in satisfying all applicable federal, state and local laws, rules, regulations and guidelines, related to performance under this Agreement. The CONTRACTOR will not discriminate against any employee or applicant for employment because of race, color, religion, sex, handicap, disability, marital status or national origin. Anita L. Hoover Anita Hoover, CPPB Procurement Specialist 3 ALB cc: RFB File Project Manager RFB 1606 Addendum #2 Page 6 of 6 2/16/2016