CN-370000-WQ019-A2.pdf

Contract No. WQ019 Amendment No. 2

Rev. 04/11/18

AMENDMENT NO. 2

TO CONTRACT NO. WQ019

BETWEEN

FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION

AND

WOOD ENVIRONMENT & INFRASTRUCTURE SOLUTIONS, INC.

This Amendment to Contract No. WQ019, as previously amended, (Contract) is made by and between the Department of Environmental Protection (Department), an agency of the State of Florida, and Wood Environment & Infrastructure Solutions, Inc., 2000 East Edgewood Drive, Suite 215, Lakeland, Florida 33803 (Contractor), on the date last signed below.

WHEREAS, the Department entered into the Contract with the Contractor for Technical Support for Total Maximum Daily Loads (“TMDLs”), Basin Management Action Plans (“BMAPs”), Subcategory 4b (“Reasonable Assurance”) and 4e (“Pollutant Reduction”) Plans, Class III-Limited Petitions, and Site Specific Alternative Criteria (“SSACs”) effective April 21, 2015; and

WHEREAS, effective April 16, 2018, the firm of AMEC FOSTER WHEELER ENVIRONMENT & INFRASTRUCTURE, INC., changed its name to WOOD ENVIRONMENT & INFRASTRUCTURE SOLUTIONS, INC.

NOW THEREFORE, the Contract is hereby amended as follows:

1. The name of the Contractor is hereby changed to Wood Environment & Infrastructure Solutions, Inc., who shall have all the rights, duties, liabilities and responsibilities, past, present, and future, of AMEC Foster Wheeler Environment & Infrastructure, Inc. All references in the Contract to AMEC Foster Wheeler Environment & Infrastructure, Inc. shall hereinafter mean Wood Environment & Infrastructure Solutions, Inc.

2. Paragraph 32 is hereby deleted in its entirety and replaced with following provision:

Disqualification.

A. The employment of unauthorized aliens by the Contractor/vendor is considered a violation of Section 274A(e) of the Immigration and Nationality Act. If the Contractor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Contract. Contractor shall be responsible for including this provision in all subcontracts with private organizations issued as a result of this Contract.

B. 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 State of Florida Executive Order No.: 11-116. 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.

3. Paragraph 37 is hereby deleted in its entirety and replaced with the following:

A. The State of Florida through the Department of Management Services (DMS) , has instituted MyFloridaMarketPlace (MFMP), a statewide e-procurement system. Pursuant to Section 287.057(22)(c), F.S., all payments shall be assessed a Transaction Fee which the Contractor shall pay the State unless exempt pursuant to Rule 60A-1.031, Florida Administrative Code (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. 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.

Contract No. WQ019 Amendment No. 2

Rev. 04/11/18

C. 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.

D. 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.

4. The following provision is hereby added to the Contract as a new paragraph 49:

Either party may provide notice to the other party by email identifying a change of a designated Contract Manager and providing the new contact information for the newly designated Contract Manager. Such notice is sufficient to effectuate this change without requiring a written amendment to the Contract.

5. The following provision is hereby added to the Contract as a new paragraph 50:

Inspector General Audit Cooperation. The Contractor understands its duty, pursuant to subsection 20.055(5), F.S., to cooperate with the inspector general in any investigation, audit, inspection, review, or hearing. The Contractor will comply with this duty and ensure that its subcontracts issued under this Contract, if any, impose this requirement, in writing, on its subcontractors.

6. The following provision is hereby added to the Contract as a new paragraph 2251:

Scrutinized Companies.

A. Contractor certifies that it and its subcontractors are not on the Scrutinized Companies that Boycott Israel List.

Pursuant to Section 287.135, F.S., the Department may immediately terminate this Contract at its sole option if the Contractor or its subcontractors are found to have submitted a false certification; or if the Contractor, or its subcontractors are placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of the Contract.

B. If this Contract is for more than one million dollars, the Contractor certifies that it and its subcontractors are also not on the Scrutinized Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria as identified in Section 287.135, F.S. Pursuant to Section 287.135, F.S., the Department may immediately terminate this Contract at its sole option if the Contractor, its affiliates, or its subcontractors are found to have submitted a false certification;

or if the Contractor, its affiliates, or its subcontractors are placed on the Scrutinized Companies that Boycott the Scrutinized Companies with Activities in Sudan List, or Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria during the term of the Contract.

C. As provided in Subsection 287.135(8), F.S., if federal law ceases to authorize these contracting prohibitions then they shall become inoperative.

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7. 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.