Addendum_1.pdf

Purchasing Services 2725 Judge Fran Jamieson Way

Building C, Room 303 Viera, Florida 32940

Bond Counsel Services

RFP#1-25-13

February 18, 2025 Addendum 1

TO ALL PROSPECTIVE CONTRACTORS

This is an Addendum to and shall be considered as part of the original Proposal package for the above-mentioned RFP. Contractors are requested to acknowledge receipt of this Addendum with their Proposal.

CLARIFICATION TO QUESTIONS ASKED RECEIVED:

1. The referenced RFP sets forth a Cyber Liability Insurance requirement with limits of not less than

$5,000,000 per claim. Our Firm carries a limit of $2,000,000. Our insurance agent has indicated that our coverage is more than sufficient for a firm of our size and suggests that the County may perhaps provide an exception and accept our current coverage limits. He is willing to provide a letter stating that in his professional opinion our Firm’s limits are adequate and that available claims data for cyber related incidents does not warrant the increase. Kindly advise as soon as possible if the County is willing to accept our policy limits of $2,000,000.

Response: Brevard County Risk Management advises that Limits of $2,000,000 coverage is approved.

2. For Proposal No. P-1-25-13 we are providing legal services. Are the following sections applicable to this response for Bond Counsel Legal Services?

INDEMNIFICATION: The County shall be held harmless against any and all claims for bodily injury, sickness, disease, death, personal injury, damage to property, or loss of use of any property or assets resulting therefrom, arising out of, or resulting from the performance of the products or from the services for which the County is contracting hereunder, provided such is caused in whole or in part by any negligent, reckless, or intentionally wrong act or omission of the Contractors, or any subcontractor or any of their agents or employees, or arises from a job-related injury.

Federal Emergency Management Agency (FEMA) Contract Requirements: During a hurricane, civil disturbance, or other County declared emergency, the Contractor will be required to begin response within one hour after notification and be on site no later than two hours after notification unless due to circumstances beyond control of the Contractor (roadway damage, etc.). Cost of the service will be at the non-standard working hours. If State of Florida declares a State of Emergency, Contractor agrees to the terms outlined in the Federal Emergency Management Agency (FEMA) Contract Requirements attached to this RFP.

Build America, Buy America Act (BABAA) Requirements under Title IX of the Infrastructure Investment and Jobs Act (IIJA):

a. BABAA requirements apply to projects funded with Federal financial assistance unless

Bond Counsel Services

RFP#1-25-13

February 18, 2025 Addendum 1 – Page Two the project is 100% funded by the American Rescue Plan Act (ARPA).

b. Absent an approved waiver, all iron, steel, manufactured products, and construction materials used in this project must be produced in the United States.

c. Total project costs and revisions thereof should reflect compliance with BABAA requirements.

d. Contractor shall determine and certify that to the best of their knowledge and belief all iron and steel products, manufactured products, and construction materials referenced in any technical analysis/report; the plans, specifications, and bidding documents; any bid addenda; and change orders comply with all federal requirements, including

BABAA.

e. Contractor shall review and approve, or take action with respect to shop drawings, samples, and other required submittals, including applications for payment, to ensure compliance with BABAA.

f. Contractor shall review substitutes and “or equals” for conformity with BABAA requirements.

g. Contractor shall obtain and review manufacturers and contractors’ certifications on compliance with BABAA requirements and maintain copies of certifications in project files.

Response: Indemnification Clause is applicable and shall remain; however, FEMA Contract Requirements and Build American Buy America Act (BABBA) shall be removed from the services under this RFP.

Please note that the proposal opening date and time remains February 25, 2025 no later than 4:00 p.m.

All other terms and conditions remain unchanged.

Sincerely, Mary Bowers Purchasing Manager

END OF ADDENDUM NO. 1