42214RFQ27 AD1.pdf

ISSUE DATE: July 8, 2026

TO: Interested Firms

FROM: Shari Chinevere, Procurement Manager

SUBJECT: Request for Qualifications 42214, Addendum 1

Geotechnical Engineering Services

Please be advised of the following regarding the subject Request for Qualifications:

A. Submittal Due Date has been revised to correct the wrong weekday listed.

Submittals are Due Tuesday, July 14, 2026 at 1:00PM

B. Questions / Answers

1. Section 10 – Project Management Personnel – please make the following changes:

In subsection (b) line 1: replace “best” with “professional”.

Answer 1: The District accepts this suggested change. Section 10 – Project Management Personnel is deleted in its entirety and replaced with the following:

Section 10 – Project Management Personnel - The Project Managers listed below shall be responsible for overall coordination and management of the Work. Either Party may change its Project Manager upon three business days' prior written notice to the other Party. Written notice of change of address shall be provided within five business days. (a) The DPM shall have sole responsibility for transmitting instructions, receiving information, and communicating District policies and decisions regarding all matters pertinent to performance of the Work. (b) Firm shall diligently supervise the Work, using its professional skill and attention. A competent superintendent, acceptable to the District, shall remain on-site throughout the Project. Firm’s superintendent shall not be replaced without the District’s consent, unless no longer employed by Firm or deemed unsatisfactory by Firm. Firm’s superintendent shall act on behalf of Firm in the Project Manager’s absence, and directions given to the superintendent shall be binding on Firm. If the District provides documented evidence that any individual on the Project is incompetent, disorderly, or not complying with the Agreement or District instructions, Firm shall promptly remove that individual and not reassign them to the Project. The

District may request replacement of Firm’s Project Manager for failure to perform competently, follow instructions or specifications, or for other reasonable cause.

2. Attachment D – Insurance Requirements – please make the following changes:

In subsection (c) line 2: add “(except Professional Liability” after “Additional Insured”.

Answer 2: The District accepts this suggested change. Subsection (c) of the third paragraph of

Attachment D is modified as follows:

The Certificate of Insurance must:

(c) With the exception of Professional Liability, include Endorsement CG 20 10 04 13, or equivalent, naming the St. Johns River Water Management District as Additional Insured[.]

42214RFQ27 Addendum 1

3. Warranty (Section 48): This clause asks us to guarantee that our work is "free from defects" and fit for a particular purpose. Professional engineering services cannot be warranted free from defects. That's a promise of perfection no design firm can meet because professional work is measured against the standard of care, which the Agreement already sets out in Section 11(d). The Agreement's definition of "Work" under Section 45 and the warranty in Section 48 read as a construction and materials warranty. Yet the solicitation frames this engagement as professional services, including the cover page's introduction of

"Work" as "professional services," and the procurement is conducted under the Consultants' Competitive

Negotiation Act. Therefore, the warranty clause, as drafted, does not fit the professional nature of the work.

(a) As written, Section 48 requires the firm’s work to be “free from defects” and fit for a particular purpose. For professional engineering services, that’s a guarantee of perfection. No design professional can warrant that its judgment, analyses, and recommendations will be defect free.

Professional services are measured against the standard of care, which this Agreement already establishes in Section 11(d).

(b) The Agreement’s own structure points the same way. The definition of “Work” in Section 45 and the warranty language in Section 48 (“new,” “of specified quality,” “free from liens”) all read as a materials and construction warranty. However, the solicitation itself describes this engagement as professional services under the Consultants’ Competitive Negotiation Act, so the warranty as currently drafted does not fit the professional nature of the work.

(c) We’re not asking to weaken the District’s protection on materials. A “free from defects” warranty is entirely appropriate for the materials the firm furnishes, and we’re glad to keep it there. We’re asking to align the warranty with the rest of the Agreement so that professional engineering services are governed by the standard of care already in Section 11(d), rather than a perfection standard.

(d) We would like to propose minor edits to the first and last sentence in the first paragraph of the warranty provision under Section 48 (Warranty).

Proposed Revision Section 48 – Warranty:

“Firm warrants that the Work, workmanship, and any materials furnished by Firm in the performance of the Work shall be new and of specified quality, shall conform to the requirements of this Agreement, shall be free from defects, and shall be free from any security interest, lien, or other encumbrances…The express warranty set forth herein shall not be exclusive and shall not act as a limitation upon any statutory or other warranty of any kind, express or implied, including any implied warranty of merchantability or fitness for a particular purpose with respect to materials furnished by Firm.”

Answer 3: The District appreciates the feedback and hereby:

(a) modifies Section 11 – Indemnification, Liability, Standard of Care, as set forth below;

(b) modifies Section 12 - Duty to Inspect and Report Deficiencies in Plans and Specifications, as set forth below; and

(c) deletes in its entirety Section 48 – Warranty and replaces it with Section 48 - Standard of Care, as set forth below.

Section 11 – Indemnification, Liability

(a) If Firm is a design professional and if some portion of this Agreement is a professional services contract as those terms are defined under §725.08, Fla. Stat., then as to those tasks and to the extent permitted by said statute, Firm shall indemnify and hold harmless the District and its officers and employees, from liability, damages, losses, and costs, including but not limited to, reasonable attorneys’ fees, to the extent caused by the negligence, recklessness, failure to perform the Work in accordance with the Standard of Care (see STANDARD OF CARE, below) or intentional wrongful conduct of the design professional and other persons employed or utilized by the design professional in performance of the Agreement.

(b) For those tasks not governed by §725.08, Fla. Stat., Firm shall indemnify and hold harmless, release, and forever discharge the District, its public officers, employees, agents, representatives, successors, and assigns, from any and all liabilities, damages, losses, and costs, including, but not limited to, reasonable attorney’s fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct arising from or caused by Firm, its employees or Subconsultants, in the performance of the Work. Firm shall further indemnify the District for all costs and penalties that the District incurs related to any failure to offer Patient

Protection and Affordable Care Act compliant health care coverage to Firm employees performing under this Agreement.

(c) IF THIS AGREEMENT IS A PROFESSIONAL SERVICES CONTRACT WHICH MEETS

THE REQUIREMENTS OF AND IS SUBJECT TO CHAPTER 558, FLA. STAT., THEN

PURSUANT TO §558.0035, FLA. STAT., AN INDIVIDUAL EMPLOYEE OR AGENT OF

FIRM MAY NOT BE HELD INDIVIDUALLY LIABLE FOR ECONOMIC DAMAGES FOR

NEGLIGENCE.

Section 12 – Duty to Inspect and Report Deficiencies in Plans and Specifications

(a) Subject to the Standard of Care (see STANDARD OF CARE, below), for any Work that is dependent upon conditions at the worksite, Firm will observe the nature and location of the

Work and general and local conditions, including, without limitation: (1) conditions affecting transportation, disposal, handling, and storage of materials; (2) availability and quality of labor; (3) availability and condition of roads; (4) climatic conditions and seasons; (5) hydrology of the terrain; (6) topography and ground surface conditions; (7) nature and quantity of surface materials to be encountered; (8) equipment and facilities needed preliminary to and during the Work; and (9) all other matters that can affect the Work and the cost thereof. Firm’s failure to acquaint itself with such conditions will not relieve it from its responsibility for properly estimating the time required or cost of performing the Work. Where the District has investigated subsurface conditions, this data may be provided to Firm or is available upon request. Firm must either seek clarification concerning the data or assume the responsibility for its interpretation.

(b) If Firm discovers hidden or subsurface conditions that differ materially from those normally expected or indicated in the drawings, Firm shall immediately, and before such conditions are disturbed, notify the District in writing of: (1) subsurface or latent physical conditions differing materially from those indicated in the drawings, or (2) unknown physical conditions of an unusual nature differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for herein. The District shall promptly investigate the conditions and determine whether they materially differ so as to cause an increase or decrease in Firm’s cost. Where the differing site conditions materially impact

Firm’s cost, an equitable adjustment shall be made and the Agreement modified accordingly.

No claim will be allowed if Firm fails to provide the required notice.

(c) Subject to the Standard of Care (see STANDARD OF CARE, below), if Firm in the course of the Work finds any defect in the plans and specifications, including, but not limited to, any discrepancy between the drawings and the physical conditions at the worksite, or any errors or omissions in the drawings or in the layout, as given by points and instructions, it shall immediately inform the District in writing, which shall be promptly verified by the District. Any

Work done after such discovery, until authorized, will be done at Firm’s risk as to cost overruns and modifications necessary to correct deficiencies in the Work. To ensure the proper execution of its subsequent Work, Firm shall measure Work already in place or completed and shall immediately report any discrepancy between the executed Work and the drawings or other specifications.

Section 48 – Standard of Care. Firm shall perform all Work under this Agreement in a timely manner and with the degree of skill, care, diligence, and professional judgment ordinarily exercised by prudent firms performing the same or similar services for projects of comparable size, scope, complexity, and characteristics in the State of Florida under the same or similar circumstances (the “Standard of

Care”).

Firm shall coordinate the work of its employees, subcontractors, subconsultants, and specialists so that all Work and deliverables are internally consistent, technically supportable, and suitable for the planning and budgetary purposes contemplated by this Agreement.

In performing the Work, Firm shall:

(a) comply with all applicable federal, state, regional, and local laws, codes, ordinances, rules, regulations, and permit requirements;

(b) comply with generally accepted professional and technical standards governing the disciplines engaged in the Work;

(c) use sound scientific, technical, and professional methods appropriate for the nature of the

Work;

(d) promptly advise the District in writing of any material error, omission, inconsistency, data limitation, changed condition, or other circumstance that Firm knows, or should know in the exercise of the Standard of Care, may materially affect the Work, any deliverable, or any recommendation; and

(e) promptly correct, revise, or re-perform, at no additional cost to the District, any portion of the

Work or deliverables that fails to comply with this Standard of Care.

Firm’s obligations under this Section apply to all Work and deliverables furnished under this

Agreement, whether provided directly by Firm or through any subcontractor or subconsultant. Firm shall remain fully responsible to the District for the acts, omissions, errors, and coordination of its subcontractors and subconsultants.

The District’s review, acceptance, use of, or payment for any Work or deliverables shall not relieve

Firm of its obligations under this Agreement or constitute a waiver of any right or remedy available to the District arising out of Firm failure to satisfy the Standard of Care. The duties and obligations set forth in this Section shall survive completion of the Work, final payment, and termination or expiration of this Agreement.

End Addendum 1